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10-13-2015 (City Council) Agenda Packet Wylie City Council CITY OF W LIE NOTICE OF MEETING Regular Meeting Agenda October 13, 2015— 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Diane Culver Place 2 Todd Wintters Place 3 Candy Arrington Place 4 William Whitney Ill Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Employee Milestone Anniversaries (L. Fagerstrom, Human Resources Manager) • TEXAS KTB Award 2015 by CWD (J. Butters, Asst. City Manager) • Recognition of $2,500 donation to the City by the Pella Corporation (S. Rodgers, Parks Manager) October 13,2015 Wylie City Council Regular Meeting Agenda Page 2 of 3 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen 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. Consider, and act upon, approval of the Minutes of September 22, 2015 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and act upon, Ordinance No.2015-35 setting the time and place for all regular City Council Meetings in the 2016 calendar year. (C. Ehrlich, City Secretary) C. Consider, and act upon, Ordinance No. 2015-33 amending Wylie's Code of Ordinances, Ordinance No.2005-07, as amended, Chapter 46(Fire Prevention and Protection),Article IV (Fireworks), Sections 46-63 (Declared a Public Nuisance) and 46-65 (Territorial Applicability of Article); clarifying jurisdiction to regulate fireworks outside of the city limits in accordance with recent change in Texas law; providing a penalty clause, savings/repealing clause, severability clause and an effective date; and providing for the publication of the caption hereof. (B. Parker, Fire Chief) D. Consider and act upon vendor application for Wylie East High School Color guard for the Breakfast with Santa event December 12,2015 at the Bart Peddicord Community Center. (R. Diaz, Parks and Recreation Superintendent) E. Consider and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 31,2015. (S. Satterwhite, WEDC Director) F. Consider, and act upon, Ordinance No. 2015-34, a change in zoning from Commercial Corridor (CC) to Planned Development — Light Industrial District (PD-LI) to allow Light industrial uses; on approximately 2 acres generally located west of Commerce Street and south of Business Way (710 Business Way). ZC 2015-10 (R. 011ie, Development Services Director) G. Consider, and act upon, approval and final acceptance of the Woodbridge Parkway paving project and authorize final payment to Mario Sinacola & Sons in the amount of$228,411.78 and accept the project as complete. (C. Holsted, City Engineer) REGULAR AGENDA 1. Consider and act upon the award of bid # W2015-67-B for Ballard Avenue Paving & Drainage Improvements Dallas/Collin County Line to Alanis Drive Project; to Tri-Con Services Inc. in the amount of $5,299,999.99, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing) October 13,2015 Wylie City Council Regular Meeting Agenda Page 3 of 3 Executive Summary Competitive sealed bids were solicited for the paving, drainage and utility improvements for Ballard Avenue from the Dallas/Collin County Line to Alanis Drive as described in bid#W2015-67-B. A public notification was placed in The Wylie News and on the Purchasing Department's public web page,and local agents were notified of the bid opportunity. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Review of proposed Brown House facility fees. (R. Diaz, Parks and Recreation Superintendent) • Review of proposed Interlocal Agreement between the City of Wylie, Texas and Wylie Northeast Special Utility District for an Interim Waste Water Service Agreement. (M. Manson, City Manager) RECONVENE INTO REGULAR SESSION ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: CERTIFICATION I certify that this Notice of Meeting was posted on October 9, 2015 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 was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes City Council Meeting Tuesday, September 22, 2015 - 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Eric Hogue, Mayor pro tem Keith Stephens, Councilwoman Candy Arrington, Councilman Todd Wintters, Councilwoman Diane Culver, and Councilman William Whitney III. Councilman David Dahl was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Development Services Director, Renae 011ie; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Finance Director, Linda Bantz; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor pro tem Stephens gave the invocation and Councilwoman Culver led the Pledge of Allegiance. PRESENTATIONS • Proclamation declaring October 4-10, 2015 as Fire Prevention Week in the City of Wylie. (B. Parker, Fire Chief) Mayor Eric Hogue read a proclamation declaring October 4-10, 2015 as Fire Prevention Week in the City of Wylie. Assistant Fire Chief Brandon Blythe and members of the Firefighter Fire Prevention Acting Group were present to accept the proclamation. The FFPAG group provides fire prevention skits for the WISD campuses during the month of October. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Minutes September 22, 2015 Wylie City Council Page 1 Tom Allred, A &W Properties, addressed council in objection to the east bound "No left turn" sign at 2771 and F.M. 544; requesting it be removed. John Young, business owner at 2801 F.M. 544, addressed council in objection to the east bound "No left turn" sign on F.M. 544. 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. Consider, and act upon, approval of the Minutes of September 8, 2015 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Final Plat for Dallas Agility Working Group, creating one single lot on 1.1194 acres, generally located in the City of Wylie ETJ at 1725 E. Stone Road,north of East Stone Road. (R. 011ie, Development Services Director) C. Consider, and act upon, approval of a Preliminary Plat for LaQuinta Addition, creating three lots on 10.31 acres, generally located on the southwest corner of F.M. 544 and Sanden Road. (R. 011ie, Development Services Director) D. Consider, and act upon, Resolution No. 2015-19(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities. (L. Bantz, Finance Director) E. Consider, and act upon, approving the Financial Management Policies. (L. Bantz, Finance Director) F. Consider, and place on file, the City of Wylie Monthly Investment Report for August 31, 2015. (L. Bantz, Finance Director) G. Consider, and place on file,the City of Wylie Monthly Revenue and Expenditure Report for August 31,2015. (L. Bantz, Finance Director) H. Consider, and act upon, Resolution No. 2015-20(R) of the City Council of the City of Wylie, Texas, approving an annual Interlocal Agreement with renewals between the City of Wylie and Collin County for GIS Services in an estimated annual amount of $15,000; and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) Council Action A motion was made by Councilwoman Culver, seconded by Councilman Whitney to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Dahl absent. Minutes September 22, 2015 Wylie City Council Page 2 REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, a change in zoning from Commercial Corridor (CC) to Planned Development — Light Industrial District (PD-LI) to allow Light industrial uses; on approximately 2 acres generally located west of Commerce Street and south of Business Way (710 Business Way). ZC 2015-10 (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the applicant is requesting to amend the zoning on approximately 2 acres of commercially zoned land to allow limited light industrial uses and to establish guidelines for such development. Minor interior renovations are being requested. The proposal includes additional concrete for outside storage. Screening is also requested in the form of chain link or like screening for security. Councilwoman Culver voiced concerns with the outside storage area. She stated no outside storage is currently allowed in the area. WEDC Executive Director Satterwhite addressed Council explaining that storage material will be long aluminum logs which are approximately 6 feet in length. All other materials will be stored inside the building. Satterwhite stated that other businesses in the area did have outside storage conforming to Light Industrial District, which this area was originally. Public Hearinci Mayor Hogue opened the public hearing on ZC 2015-10 at 6:23 p.m., asking anyone present wishing to address council to come forward. No citizens were present to address council. Mayor Hogue closed the public hearing at 6:24 p.m. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Wintters to approve a change in zoning from Commercial Corridor (CC) to Planned Development — Light Industrial District (PD-LI) to allow Light industrial uses; on approximately 2 acres generally located west of Commerce Street and south of Business Way (710 Business Way). A vote was taken and the motion passed 6-0 with Councilman Dahl absent. 2. Consider, and act upon, a screening wall on the north side of Stone Rd., east of Akin Rd. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that a living screen existed south of the alley along Candlewood Court prior to the Stone Road reconstruction. The screening was removed due to utility relocations, roadway construction, and sidewalk construction. Residents adjacent to the alley have requested that a screen wall be constructed in this area. Holsted reported the length of the screen wall along the alley is approximately 330'. Cost range from $35/foot for a board on board fence with metal post to $100/foot for a masonry wall. Minutes September 22, 2015 Wylie City Council Page 3 Council Discussion Mayor Hogue asked what the maintenance would be on individual options for screening. Hoisted reported that live screening would require trimming and maintaining annually. A nice board on board cedar fence would have a 10 year life with occasional staining. A masonry wall would last approximately 20 years. Hogue asked if funding was left from the thoroughfare project. Hoisted replied there was funding for the wall in the remaining funds. Mayor pro tem Stephens clarified that the initial construction would be covered under the thoroughfare funding; however, maintenance on any of the options would be annual expenditures. Councilwoman Culver clarified that the thoroughfare funding could also be used for other thoroughfare projects once the identified project was completed. Councilwoman Culver stated that she believed adding a screening wall would open up requests from other communities in Wylie requesting the same screening be provided. Mayor pro tem Stephens asked if there were any other communities in the City that did not have some type of screening wall. Hoisted replied that to his knowledge there were not. Councilwoman Arrington stated, she felt a masonry wall was the best option for this area since it is a highly traveled road. Council Action A motion was made by Councilman Wintters, seconded by Councilwoman Arrington to approve a masonry screening wall on the north side of Stone Rd., east of Akin Rd. A vote was taken and the motion passed 5-1 with Mayor Hogue, Mayor pro tem Stephens, Councilman Wintters, Councilwoman Arrington, and Councilman Whitney for approval, and Councilwoman Culver against with Councilman Dahl absent. Mayor Hogue requested Item #3 be considered after Item #7. Consensus of Council was to postpone consideration of Item #3 to the end of the Regular Session and after Item #7. 3. Consider, and act upon, Resolution No. 2015-21(R) authorizing and approving WEDC Resolution 2015-02(R) adopted by the Board of Directors of the Wylie Economic Development Corporation authorizing one or more loans in the aggregate amount of $1,685,000 from The American National Bank of Texas and pledging the 1/2 cent sales tax for economic development as collateral to secure the repayment of said loan(s). (S. Satterwhite, WEDC Director) 4. Accept, and place on file, a Performance Agreement between the Wylie Economic Development Corporation and Mann Made,Inc.—II. (S. Satterwhite, WEDC Director) Staff Comments WEDC Executive Director, Sam Satterwhite provided a comprehensive update regarding a Performance Agreement between the WEDC and Mann Made, Inc. — II. The Agreement, which was approved by the WEDC Board of Directors on 9-21-15, identified certain commitments by both the WEDC and Mann Made under which (1) the WEDC would purchase 1.2 acres from Joe & Barbara Edge (owners of Mann Made) located at 398 Highway 78 for$750,000; (2) the WEDC would purchase property located at 710 Business Way for$950,000 and convey the same to Edge at no cost; (3) WEDC would make certain improvements to 710 Business Way to accommodate Mann Made business operations with a construction budget of $549,450; and (4) WEDC will be financially responsible for relocating Mann Made equipment and personal property from its current location to 710 Business Way at a cost not to exceed $171,000. Satterwhite noted the conveyance of the Business Way property and remodeling/moving Minutes September 22, 2015 Wylie City Council Page 4 efforts were required to purchase the Edge property so that Mann Made could continue its business operations. Satterwhite indicated that the Edge property on 78 was vital to WEDC redevelopment efforts to the area with the WEDC already acquiring approximately 3.2 acres on both sides of the Edge tract at a cost of $1.4 million. Satterwhite further emphasized that the acquisition of the Edge tract allows the WEDC to assemble a cumulative 4.7 acres which will be marketed for restaurant development and create a total of 3 pad sites. With a total project cost of $20 per square foot for all properties within the redevelopment area, Satterwhite indicated that a typical investor could not undertake such an effort due to the maximum market value for the properties being $21 per square foot, at best. It was further explained that the high cost to acquire the 4.7 acres was a direct result of owner occupied businesses located on each of the properties and the cost of the improvements located thereon had to be factored into the purchase price even though the WEDC only needed the real estate. Satterwhite explained that WEDC was close to finalizing a letter of intent from a national restaurant group that is able to pay at the top of market value for one of the new pad sites. Councilwoman Culver commended Mr. Satterwhite and the WEDC board for their forward thinking in transforming this area to restaurant pads. Culver explained that even though the costs are high to convert these properties, it will benefit the City in the years to come. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Whitney to accept, and place on file, a Performance Agreement between the Wylie Economic Development Corporation and Mann Made, Inc. — II. A vote was taken and the motion passed 6-0 with Councilman Dahl absent. 5. Accept, and place on file, a Real Estate Sales Contract between Joe H. Edge & Barbara J. Edge and the Wylie Economic Development Corporation. (S. Satterwhite, WEDC Director) Staff Comments WEDC Executive Director Satterwhite addressed Council stating for the Council's review is a Real Estate Sales Contract between Joe H. Edge & Barbara J. Edge (Edge) and the Wylie Economic Development Corporation (WEDC). The contract calls for Edge to sell 1.23 acres of land to the WEDC for $750,000. WEDC staff anticipates that the Contract will be executed on September 21, 2015 with a closing date no later than October 9, 2015. Council Action A motion was made by Councilwoman Arrington, seconded by Councilwoman Culver to accept, and place on file, a Real Estate Sales Contract between Joe H. Edge & Barbara J. Edge and the Wylie Economic Development Corporation. A vote was taken and the motion passed 6-0 with Councilman Dahl absent. 6. Accept, and place on file, a Commercial Contract of Sale between TD Linduff Real Estate LP and the Wylie Economic Development Corporation. (S. Satterwhite, WEDC Director) Minutes September 22, 2015 Wylie City Council Page 5 Staff Comments WEDC Executive Director Satterwhite addressed Council stating for the Council's review is a Commercial Contract of Sale between TD Linduff Real Estate LP and the Wylie Economic Development Corporation (WEDC). The Contract calls for the WEDC to purchase ±2.107 acres from TD Linduff for$950,000. The WEDC anticipates executing Loan Documents with The American National Bank of Texas to finance the purchase on September 23rd and close on the Contract no later than October 9, 2015. The Linduff Commercial Contract of Sale between TD Linduff Real Estate LP and the Wylie Economic Development Corporation. Purchase will be made simultaneously along with the Sale of the Edge tract on Highway 78 to the WEDC. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Whitney to accept, and place on file, a Commercial Contract of Sale between TD Linduff Real Estate LP and the Wylie Economic Development Corporation. A vote was taken and the motion passed 6-0 with Councilman Dahl absent. 7. Accept, and place on file, a Real Estate Sales Contract between the Wylie Economic Development Corporation and Joe H. Edge & Barbara J. Edge. (S. Satterwhite, WEDC Director) Staff Comments WEDC Executive Director Satterwhite addressed Council stating that for the Council's review is a Real Estate Sales Contract between the Wylie Economic Development Corporation (WEDC) and Joe H. Edge and Barbara J. Edge. Following closing on the Linduff property, the WEDC will convey the Linduff Property to Joe & Barbara Edge who will in turn lease the real estate to Mann Made, Inc. — II. There will be no direct cost to the Edge's other than those commitments identified within the Performance Agreement. All Contracts/Agreements with Edge, Mann Made, and Linduff will be executed simultaneously. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Whitney to accept, and place on file, a Real Estate Sales Contract between the Wylie Economic Development Corporation and Joe H. Edge & Barbara J. Edge. A vote was taken and the motion passed 6-0 with Councilman Dahl absent. 3. Consider, and act upon, Resolution No. 2015-21(R) authorizing and approving WEDC Resolution 2015-02(R) adopted by the Board of Directors of the Wylie Economic Development Corporation authorizing one or more loans in the aggregate amount of $1,685,000 from The American National Bank of Texas and pledging the 1/2 cent sales tax for economic development as collateral to secure the repayment of said loan(s). (S. Satterwhite, WEDC Director) Staff Comments WEDC Executive Director Satterwhite addressed Council stating that the WEDC Board of Directors has approved a Resolution which authorizes the borrowing of $1,685,000 from The American National Bank of Texas and the pledging of the WEDC 1/2 cent sales tax for economic development as collateral for the Minutes September 22, 2015 Wylie City Council Page 6 repayment of the same. The loan proceeds will be used to fund the purchase of two properties in Wylie with the first property located at 398 Highway 78 and the second property at 710 Business Way. Satterwhite thanked City staff for their assistance in completing the above projects. Mayor Hogue thanked Satterwhite for his work on these projects. Council Action A motion was made by Councilman Whitney, seconded by Councilwoman Arrington to approve a Resolution No. 2015-21(R) authorizing and approving WEDC Resolution 2015-02(R) adopted by the Board of Directors of the Wylie Economic Development Corporation authorizing one or more loans in the aggregate amount of $1,685,000 from The American National Bank of Texas and pledging the %2 cent sales tax for economic development as collateral to secure the repayment of said loan(s). A vote was taken and the motion passed 6-0 with Councilman Dahl absent. Mayor Hogue reported the City Attorney was not able to attend the Executive Session; therefore, there will not be an Executive Session tonight. The Executive Session will be reposted for another meeting in the future. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • City of Wylie vs. Parker Country Club, LP, Cause No. 003-02341-2014 pending in Collin County Court at Law No. 3. ADJOURNMENT A motion was made by Mayor pro tem Stephens, seconded by Councilwoman Culver to adjourn the meeting at 7:01 p.m. A vote was taken and the motion passed 6-0 with Councilman Dahl absent. Minutes September 22, 2015 Wylie City Council Page 7 Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes September 22, 2015 Wylie City Council Page 8 ?AiWylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13, 2015 Item Number: B Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: October 6, 2015 Budgeted Amount: Exhibits: Ordinance & Calendar Subject Consider and act upon, Ordinance No. 2015-35 setting the time and place for all regular City Council Meetings in the 2016 calendar year. Recommendation A motion to approve, Ordinance No. 2015-35 setting the time for 6:00 p.m. and place for all regular City Council Meetings in the 2016 calendar year. Discussion The City of Wylie Home Rule Charter in Article III, Section 9 states 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 Council members. By this Ordinance, the dates and times of all regular meetings in 2016 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, special called meetings and work sessions can be scheduled at any times designated by the City Council and posted in accordance with the Texas Open Meetings Act. Page 1 of 1 ORDINANCE NO. 2015-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY SETTING THE REGULAR CITY COUNCIL MEETING DATES FOR CALENDAR YEAR 2016 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 2nd and 4th Tuesday of each month; and WHEREAS, the City Charter requires the City Council to meet at least once each month; 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 the calendar year 2016. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 2: The City Council of the City of Wylie, Texas, hereby determines that regular meetings will be held on the 2nd and 4th Tuesdays for the first ten months of 2016 (January through October) and on the 2nd Tuesday in November and December, 2016, which shall be on the following dates: January 12 and 26, 2016 July 12 and 26, 2016 February 9 and 23, 2016 August 9 and 23, 2016 March 8 and 22, 2016 September 13 and 27, 2016 April 12 and 26, 2016 October 11 and 25, 2016 May 10 and 24, 2016 November 8, 2016 June 14 and 28, 2016 December 13, 2016 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 300 Country Club Road, Building #100, 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. Ordinance No.2015-35 Ordinance Establishing Meeting Dates-Calendar Year 2016 Page 1 of 2 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 the 13th day of October, 2015. 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I uwl 1 uu ( r I I � r/ I rIIIII rc IIII r/ 'i, .rlr III „u �1 �/ IUW uuu ff II II 'luW IIIIIIIIIIIIIIIIIIIIIIIiiiiiiiiiiluuuuW a en February March January T F S SM T W T F' S 1 2 1 2 3 4 5 6 1 2 3 4 5 3 4 5 6 7 8 9 7 8 9 10 11 12 13 6 7 8 9 10 11 12 10 11 12 13 14 15 16 14 15 16 17 18 19 20 13 14 15 16 17 18 19 17 18 19 20 21 22 23 21 22 23 24 25 26 27 20 21 22 23 24 25 26 24 25 26 27 28 29 30 28 29 27 28 29 30 31 31 April Y June T F S SM T W T F S 1 2 1 2 3 4 5 6 7 1 2 3 4 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 ,,,.....................„.,,,,,,„. „.July AugustSeptember T F S SM T W T F S 1 2 1 2 3 4 5 6 1 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 31 October November DecemberNwwww.....................w.w �„.� , � � ecember T F S SM T W T F S 1 1 2 3 4 5 1 2 3 2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 qJ r !R�'8nnn j, «rrrrrrrrrrrrrrrrrrr' fff Jllllrr,�ll JJ� IIJll�lllllll '� I11111"I� II IIII IIIIIIIIIII Mir " Wylie City Council AGENDA REPORT �kllrq'.MYYY�Ai'AMA Meeting Date: October 13, 2015 Item Number: C Department: Fire (City Secretary's Use Only) Prepared By: Fire Account Code: N/A Date Prepared: September 8, 2015 Budgeted Amount: N/A Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2015-33 amending Wylie's Code of Ordinances, Ordinance No. 2005- 07, as amended, Chapter 46 (Fire Prevention and Protection), Article IV (Fireworks), Sections 46-63 (Declared a Public Nuisance) and 46-65 (Territorial Applicability of Article); clarifying jurisdiction to regulate fireworks outside of the city limits in accordance with recent change in Texas law; providing a penalty clause, savings/repealing clause, severability clause and an effective date; and providing for the publication of the caption hereof. Recommendation Motion to approve, Ordinance No. 2015-33 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Chapter 46 (Fire Prevention and Protection), Article IV (Fireworks), Sections 46-63 (Declared a Public Nuisance) and 46-65 (Territorial Applicability of Article); clarifying jurisdiction to regulate fireworks outside of the city limits in accordance with recent change in Texas law; providing a penalty clause, savings/repealing clause, severability clause and an effective date; and providing for the publication of the caption hereof. Discussion It is WFR's recommendation to update Ordinance No. 2005-07, Chapter 46, Article IV, Sections 46-63 and 46- 65 to coincide with current legislation. Senate Bill 1593 was signed by the governor and became effective on September 1, 2015. The legislation provides that a home-rule city may not define and prohibit as a nuisance the sale of fireworks or similar materials within the 5,000 foot nuisance zone outside the city limits. Accordingly, Article 46-61 through 46-65 of the Code of Ordinances are unenforceable to the extent that they apply to territory extending 5,000 feet from the city limits. (Rev 01/2014) Page 1 of 1 ORDINANCE NO. 2015-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE NO. 2005-07, AS AMENDED, CHAPTER 46 (FIRE PREVENTION AND PROTECTION), ARTICLE IV (FIREWORKS), SECTIONS 46-63 (DECLARED A PUBLIC NUISANCE) AND 46-65 (TERRITORIAL APPLICABILITY OF ARTICLE); CLARIFYING JURISDICTION TO REGULATE FIREWORKS OUTSIDE OF THE CITY LIMITS IN ACCORDANCE WITH RECENT CHANGE IN TEXAS LAW; PROVIDING A PENALTY CLAUSE,SAVINGS/REPEALING CLAUSE,SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie,Texas, ("City Council")has investigated and determined that it would be advantageous,beneficial and in the best interest of the citizens of the City of Wylie, Texas ("Wylie") to amend Wylie's Code of Ordinances, Ordinance No. 2005-07, Chapter 46 (Fire Protection), Article IV(Fireworks), Sections 46-63 (Declared a Public Nuisance) and 46-65 (Territorial Applicability of Article), as set forth below; and WHEREAS, Section 217.042(a) of the Texas Local Government Code previously granted Wylie the authority to regulate nuisances,including the sale or use of fireworks or similar materials, within the Wylie city limits and within 5,000 feet outside of the Wylie city limits; and WHEREAS, in accordance with then-existing law, Wylie prohibited as a nuisance, among other things,the sale or use of fireworks or similar materials under Sections 46-63 and 46-65 of the Wylie Code of Ordinances; and WHEREAS, the Texas Legislature recently approved Senate Bill 1593, which amended Section 217.042(a) of the Texas Local Government Code and added and Section 217.042(c)of the Texas Local Government Code to provide that a municipality may define and prohibit as a nuisance the sale or use of fireworks or similar materials only within the limits of the municipality; and WHEREAS,the City Council has investigated and determined that it is necessary to amend Sections 46-63 and 46-65 of the Wylie Code of Ordinances in accordance with the recent change in law,provided,however, that the City Council does not intend with this Ordinance to limit Wylie's authority to regulate fireworks or similar materials except as expressly limited by Sections 217.042(a) and 217.042(c) of the Texas Local Government Code; and WHEREAS,Wylie has complied with all notices and public hearings as required by law;and WHEREAS,the City Council finds that it will be advantageous and beneficial and in the best interest of the citizens of Wylie to amend the Code of Ordinances as set forth below. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Ordinance No.2015-33 Amending Code of Ordinances, Chapter 46(Fire Protection),Article IV(Fireworks) Page 1 675857 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 Wylie's Code of Ordinances, Chapter 46 (Fire Protection), Article IV (Fireworks), Sections 46-63 (Declared a Public Nuisance) and 46-65 (Territorial Applicability of Article). Wylie's Code of Ordinances, Chapter 46 (Fire Protection), Article IV (Fireworks), Sections 46-63 (Declared a Public Nuisance) and 46-65 (Territorial Applicability of Article) are hereby amended to read as follows: "ARTICLE IV. FIREWORKS Sec. 46-63 Declared a Public Nuisance The presence of any fireworks within the territorial limits of the city in violation of this article is hereby declared to be a common and public nuisance. The fire marshal is directed and required to seize and cause to be safely destroyed any fireworks found within the territorial limits of the city in violation of this article. Any member of the fire department of the city or any police officer of the city, or any other duly constituted peace officer is empowered to stop the transportation of and detain any fireworks found being transported illegally or to close any building where any fireworks are found stored illegally until the fire marshal can be notified in order that the fireworks may be seized and destroyed in accordance with the terms of this article. Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city or the fire marshal, or both,for injunctive relief as may be necessary to prevent unlawful storage,transportation,keeping or use of fireworks within the territorial limits of the city and to aid the fire marshal in the discharge of his duties, and to particularly prevent any person from interfering with the seizure and destruction of such fireworks. It shall not,however,be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction. The fire marshal or any member of the fire prevention division of the city is hereby authorized,at reasonable times,to enter any building where the unlawful presence of fireworks is suspected in order to inspect the building for the presence of such fireworks. Sec. 46-65 Territorial applicability of article. The restrictions of this article shall be applicable and in force throughout the territorial limits of the city and extending for a distance outside the territorial limits of the city of up to 5,000 feet in any direction; provided, however, that this article Ordinance No.2015-33 Amending Code of Ordinances, Chapter 46(Fire Protection),Article IV(Fireworks) Page 2 675857 shall not be in effect within any portion of area which is contained within the territory of any other municipal corporation, and further provided that the restrictions on the sale and use of fireworks set forth in section 46-63 of this article shall be applicable and in force only within the territorial limits of the city." SECTION 3: Penalty. Any person,firm,corporation or entity violating any provision of this Ordinance or the Code of Ordinances, as they exist or may be amended, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/Repealing. The Code of Ordinances 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 and/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. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 6: Effective Date. This Ordinance shall be effective immediately upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13th day of October, 2015. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of Publication: October 21,2015 in the Wylie News Ordinance No.2015-33 Amending Code of Ordinances, Chapter 46(Fire Protection),Article IV(Fireworks) Page 3 675857 " kirk µ ° Wylie City Council Y w� w /44 AGENDA REPORT Meeting Date: October 13, 2015 Item Number: D Department: Public Services (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: September 15,2015 Budgeted Amount: Exhibits: 1 Subject Consider and act upon vendor application for Wylie East High School Colorguard for the Breakfast with Santa event December 12, 2015 at the Bart Peddicord Community Center. Recommendation Motion to recommend a vendor application from the Wylie East High School Colorguard for the Breakfast with Santa event December 12, 2015 at the Bart Peddicord Community Center. Discussion The Wylie East Colorguard would like to conduct a "Breakfast with Santa" fundraiser at the Bart Peddicord Community Center on December 12, 2015. The Parks and Recreation Board at their Regular Meeting on September 14, 2015 approved the vendor application for the Wylie East Colorguard fundraiser at the Bart Peddicord Community Center on December 12, 2015. Page 1 of 1 PARKS gp�yll�y��,��p AND 14. "EA T o.N AIN. ..A.�..AN.W.AN."�A4 .M. .IM..A All I'T (71 � l ll; 300 Country Club Rd, Building 100,Wylie,TX 75098 Office: 972-516-6340/Fax 972-516-6355 Email: parks@wylietexas.gov � „ ��III i ��::.,, I� ryyah�+yi � nllllllld l;j ,,,, III,I: IIIIIIV%� HII�IIIIIII M::: I ! ,, PIO, llll ) " 9 ) iwl inl71lllll ; jl u , ,, ,,,ril u. ., lllllllll, ...........................I q;; 't I ulAr'v" "ry, ; l l 1 lllllll I u, Illlln 11, pi u f �� ;. llllll , I I I .�.., / ��� i I I , ,, I I I -� r r I I I I ,mill r �����������������������������������������lh, IllllllE�i! �!�'�!� i�����"�" �� �� !!�'�' �, , ���r �il;�� � i�� ��'�II�1�� ���i�;��dlll��;��b�, lll �ll��� uu�� ���l���� ® f /rrrrrrrril� I I 'mlluill alai mlu f, a I„„„ I II��'r r r®�I ��' ll� ®.',�',��,�,�'��'�� ; �uuii"IIIIIIIININI miVlllljpuulll � ;JAI', wiVljPjplmpp uugpjljiuullfi ,,, ,,, Applica it!!t .ti!i,�ii Name of Organization/Group: Primary Contact Person's Name: Wylie East Color Guard y Angel Wygant Organization/Group's Phone Number: Primary Contact Person's Phone Number: 214.663 241 Organization/Group's Street Address: Primary Contact Person's Street Address: 196 S uel Rid e Organization/Group's City/State/Zip: Primary Contact Person's City/State/Zip: Wylie, Texas 75098 Alternate Contact Person's Name/Number: t .; ait.I!f"f°!'! .t EVENT NAME/TITLE: Breakfast with Santa Event Type(fundraiser,etc.): Purpose of Event: Fundraiser Fundraising Event Location: Proposed Event Date(s): Bart Peddicord Community Center December 12 2015 Anticipated Number of Participating Vendors: Start Time(incl.setup): End Time(incl. cleanup): 7.DDa 1 1:00 m i Anticipated Event Attendance: Event Target Audience: 2OO come and go) Citizens EVENT DETAILS: Please list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements or flyers. This is an"All-You-Can-Eat"Pancake Breakfast with Santa. The event will include breakfast, storytime, and pictures with Santa. NOTE: If food is prepared on-site or off-site and brought to the location to be sold,the vendor must contact the Collin County Environmental Services Office in McKinney(972-548-5585 www.collincountvtx.gov)in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine food preparation and storage equipment to assure the health and safety of customers. Sec.78-105 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars,tobacco,cigarettes,fruits, candies,goods,wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations,firms or corporations,or the agents of any person,or organization,firm or corporation,or employees of any person who are recommended by the Parks and Recreation Board and approved by the City Council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the municipal parks or recreation or community center facilities of the city. Rev.6-20-14 Mir ' Wylie City Council AGENDA REPORT kllrq'.YYYAi'AMA Meeting Date: October 13, 2015 Item Number: E Department: WEDC (City Secretary's Use Only) Prepared By: Angel Wygant Account Code: Date Prepared: September 22, 2015 Budgeted Amount: Exhibits: 1 Subject Consider and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 31, 2015. Recommendation Motion to approve, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 31, 2015. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on September 21, 2015. Page 1 of 1 ..,,. .. _..... _ . ....., 9-10-2015 1045.1 IPM. CITY OF WYLIE PAGE: I BALANCE SHEET AS OF: AUGUST 11ST, 21a5 III-WYLIE ECONOMIC BEVEL, CORP ACCOUNT1 TITLE . , ASSETS 1009.1-10110 C,LAJM um CASH AND CASH EQUIV„ 1,854,105.26 1000-10115 CASH - WEDC .. IN WOOD 0,00 1000-10135 ESCROW 0,010 1000o-1114o rAuposrrs 2,000„00 1000-10190 OTHER - NISC• CLEARING 0,00 1000-10341 TEXPOOL 0,00 1000-10343 LOGIC 0„.00 1000-10481 INTEREST RECEIVABLE o.ao luau0)x.15u ACOTS Rur - misc 100,00 1000-11150 ACCTS RIG - SALES TAX. 0,00' 1000-12310 LEASE PAYMENTS RECEIVABLE 0,00 1000-12996 LoAN RECEIVABLE, 72,593„82 1000-1298? AOCTS REC - ,ITA TtEcH LW) loo0-1911 ACCTS. MEC -• FONEIWARLE WANE 685,206.16' 1000-111.12 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVE1011)001 - LAND ,F,, BUILDINGS 5,677,681,36 1000-11110 I1450,N101001 - warm' SANDEN eLuom CLOG 1000-1.4.31.0 PREPAID. EXPENSES - MISC 0.00 1000-11110 DEFERRED ERARCEE 606,51.8„00 0,968,574.60 TOIAL IL IT', 8,560,574,60 •••-'•'••--•''.•••'•,.••,.•••••----,''••-- LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 01 003 2000-20111 MEMICAPE PAYABLE 0,00 2000-20112 CHILE SUPPORT PAYABLE 0,00 2000-20113 CREDIT UNIO?.,1,1 PAYABLE' 0„01 2000-20114 IRS LEVY' PAYABLE 0,00 2000-20115 NATIONWIDE DEFERRED COMP 0,„100 2000.-20116 HE,"1TN DREUR PAY-EMPLOYER 1 $10„01)0 2000-201U7 TMRS INANAMIE 0.00 2000-2011E ROTK IPA PAYABLE °moo 2000-20119 WOREERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE n„,ao 2000-20121. TEE PAYABLE 0,00 2000-20122 STUDENT MAN LEVY PAYABLE 0,0P 2000-20123 ALIMONY PAVARLE 0,00 2000-20124 UNKRUPICY PAYABLE, 0.00 2000-20120 VALIC DEFERRED cnmp 0,00 2000-20126 TCMA PAYABLE 0.00 2000-20127 041'. LEGAL SERVICES PAYABLE: 2000-20130 FLEXIBLE SPENDING ACCOUNT 300,00 2000-20134 EDWARD JONES DEFERNED COMP 0.00 2000-20132 EMP CASE ELITE 12,00 2000-20,15a ACCEWED WAGES RAMBLE 0.00 2000-20180 ADOIT EMPLOYEE. INERP PAX 0„00 2000-20195 MISC PAYROLL PAYABLE 0,00 7000-21101 AP PENDING 5,696„,13 9 1 - In 1.5 0 4 El!'l C Ir.'",W!' 011:':'" WYLIE 1121,R,I.,"011E„‘ 2 ENLANC S VET AS OF AUGUST „A s"r .2 0 1.5 1.1 -WI E EVONOI (.'„` 1/„.„11!1'VE L CORP A.10CC)V„)14"E "!Ir!TINE 2 0 -.2 02 1.0 ACCOUNTS FINABLE "7 98 2000-2 0 5 30 E 11 OP ER.."11!"Y TAKES INNYA.13 0„011„11 2 0 BO 2 0 5 4 0 NOTES PAY A.B)LE 67 ,5 2.8 0 2 0 00,-2 08 1. DUE TO GEPIERAI.„ Ran) 0 0 2 0 00-2 22.70 DEFERRED R.EVE UE 2:290 882.80 2 0 00-2:2 215 EP FERRER REV L E.A.S E PR INC I PAL 0 0 2 0 00-2 2 280 DEF"E,E.IRE11.11 REVENUE. - LEASE. I NT 0„ 9' 2 00 a 2 2 9 1.5 RENTAK.„ 101„POE ITS „.1!'0 50 0 00 Ivan L: ES 921,371 5.1. EQ 113 I."ry assars so -34110 ELMO EA..1.A:114CE NESE EVE 19 0 0 0 3 0 0-.3 4 5 90 FUND. BA L.AEVIE! -GRIN R SIE 11,01/U110 S E.« ,37 5,V33,0 2 "masa, BEGINNING RCN "rY. 37 5 VUV„ 2 REVENUE ,12 01 4 4 5 TOTAL EX PENIS ES 050„8 2!0 FLEVENUE ovER.1 0.1EKP EXPENSES 6'7 yNRN gyp, "I "II r.n"NIL EQU ITY GIVER./((INVER ,94"1 0 9.7„0 9 "WEA.11„. L EQLLK T'1&' & (11/E18/11;1011AIDER, 81.958,574„.60 9 10 .2015 04:51 IINI ciTY OE 021019D PAGE, 1 BALANCE 3HERT AT OF, AUOUST 3IST, 20151 922-ORM IGINo TERM DEBT (WERc ACCOONTI TITLE A'S:OZ"Ill13 100(11-iO312 caBEENmENT 64TrE0 0,00 1004-18110 L0499 WEIRS 0,00 1840 18120 LoAN - BIRMINGHAM 0,00 1000-18210 AMOUNT TO DE PROVIDED 0,241 1000-18224 BIRMINGHAM LOAN 0,00 0„00 TOTAL ASDETS 8.00 LIA4I1ITIES 2004-20310 CoMPFNEATED ABSENcEs PAYABLE 5M,906,66 2000 20311 (FXRP AGEENcES PASAIILE OTROUZNI" 0„1100 2000 24410 ROCA0E99 INTEREST BAYABLE 0,00 2000-28205 WEDC 04A048 cURFENT 1 472,485„DS) 2000 243220 94191,1121(0404 11,0011 0,00 2008-28210 120000 LOAN II Cl 2000.28234 AND LOAM - BANDAGE/HUGHES 360,693.49 2000-2823S AN LOAN 1640959„ 2400-282)6 AND CONSTRUCTION LOAN 0.00 09 ANB ROAD 9 ONSTR4 CT4O99 LOAN 965,1067„15 2000-28219 ANR LOAN BUCHANAN 394,296.55 2004-28239 AN$ LOAN - JONES/HOBART PAYOFF 0.60 43!1100-70240 HUGHT,S 34 0„80 2006-242',0 CITY OF WYLIE LOAN 0,00 2080-24200 PRIME FUTs 40AN 8.84 2008B282941 93122194990/A1ADER509 LOAN 99 20(TS„„28280 CARISB0, ONE CAR ID LOAN 0.00 2048 20280 UGISABT/coMBERGE" LoAN 250,900.56 TO'PAL LEABILITLES 1,655,438„85 184uTTY 3000 34090 FISSO DAD ,NDF-ONIBEDEBV/IORDEDIB,1 2,129,904„712M TOTAL BEGINNING EQUITY 9 2999 ToTAL AFVEIGJD C.00 TOTAL E00EN599E 9 4/0,1Uo,410) REVENUE OVERRONDEP0 EXPENSES 472,46'5,;:h5 ToTAL EQUITR I 0YER/39N0R0I ( 1,655,430E05) ToTAL LIABILITHO EQUITY 0 0010919019M9 E1 0„00 9-10-2015 04:1A2 Ilni CITT OF WYLIE RA,OE t REVENUE, AND EXPENSE RREORT “ WNAODITED) AS or AUGUST iiST, 2015 1H-WYW,IE ECONOMIC OBVEL CORP FINAA,CIAL MAMARY CURRENT C,URRENT PRIOR YEAR Y T-0 Y-T-D BUDGET E OF BU0SET PERIOD IPO AR4UST. ACTUAL ENCUMBRANCE BALANCE BUDGET 11"TYLIE' SUMMARY TAXER N„147,,r12,00 716,062,40 0,00 L.600,403„,5% 6 00 7,30e505,1% 82,02 INTERGOVERNMENTAL REY, 20":',000„00 0„00 0.00 202,000.00 4,00 0,00 100.00 INTEREST INCOME r?,228.00 1,059.41 0.00 11.5157.00 0,00 70,10 94„52 MI5ERLLANEDES INCOME 136,0,00„00 12,650„00 ni,oci 176,714„40 0,00 0f222,00 95.04 OTHER PINANCING SOURCES '22, qA„00 0%00 0.00 M22.365'" 0,00 0„00 too.on TUTAL REVENUES 3,030,505,00 210,601,92 0.00 2, 4J2',141,4b 0,00 340,400.55 0e,15 EXPENWTURE,SBMMARY REVELORMENT CORIP-WEIDC i,936,940.00 101,910„34 0.00 2,05001211.18 i4S,3P4'913 1,4", 114^" 62"/ TOTAL EXPENDTTURES 0.536,940,00 151,910.04 0,00 2,050,t20,38 395,074.90 4„450,141.64 67.13 REVRNER WeB/(UNIDER) EXPENDITURZS 39h,010 ',N5,01.98 0,00 671,354.0; t 305,174,90)) 1,142,144.09p ,fl,.96- 0-10-2015 04k52 PM CITY DIE WYLIE PAGE 2 NEVMUE AND EXPENSE REPORT' - 0.4MANOITED) AS OF: AUGUST 3IST, 20/9 111-WYLIE locoNomic D(VC( CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-E Y-T-D BUBC07 11 OE"' BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET ..,..,.. TAXES 4000-40150 REM IN eeoc OF TAXES 0,00 a.00 o.00 0„.00 0,00 0,00 0,00 4000-40210 SALES TAX. 1,947,992-00 216,062-10 0.00 1,609f483,65 0,00 338,508,35 32,62 TOTAL TAXES' 1,94'1,992,00 216,062„40 0,00 1,609,403„65 0,00 330,500,35. 82,62 INTERGOVERNMENTAL REV, a000-aaFna 3ao ECONOMIC AGREEMENTS 202,000.00 0,00 0.00 202,000,00 0,00 0.00 100,00 TOTAL INMAGOVERNMENTAL REV. 202,000.00 0,00 0,00 202,000,00 0.00 0,00 100,00 INTEREST 1NCONE 1000-46050 CERTIFICATE Cf' DEPOSIT' 0.00 0,00 0,00 0,00 0„.09 0.00 0,00 4000-16110 ALLOCATED INTEREST EA00NIN0 ' 279.00 /.2.'95 0.00 516,42 0.00 326,42P 220.90 4006-46140 TEXVOOL INTERM" 0,00' 0.00 0.00 0.00 0„90 0.00 0,00 4000-16143 LOGIC' INTEREST 6,00 0,00 o_no o.00 o.00 o_ao 0,00 4000-46150 INTEREST EARNING'S 3,817„00 :A0.5,38. 0,00 3,514,68 Co0, 102,32 92.00. 1000-46160 LOAN REPAYMENT (PRINCI(AL) a,lal.00 691,14 0.00 70446,70 0,001 694_30 or Or 4000-46210 RANK MONEY MARKET INTEREST 0.00 0,00 0.00 0.00 0,00 0,00 0,00 TOTAL INTEREST' INCOME. 12,220.00 t,00.44 cc cm 11,551.80 0,00 670,20 84,52 NIWELEANEON _INOKNNE 4006-10410 RENTAL INCOME Imoao.„oo 12,050.00 0,00 Y.76,700,00 0,60 0,250,00 95,03 4000-10310 RECOVERY - PRIOR YEAR EX PEN 0,00 0,00 0,00 0,00 0,00 0,90 0,00 4000-40410 NISCELLAWALS INCOME 0.00 0,00 0„00 28,00 0,00 ( 26,001 0,00 4000-A8130 GAIN/LOSE SALE OF CAP ASSET 0,00 0,00 0,00 0,00 0„00 0.00. 0.00 TOTAL MISCELLANEOUS INCOME 186,000,06 11,650,00 0,00 176,718.00 0,00 04222,00 55,04 OTBER. FINANCING SOURCES 4000-A0160 TRANSZER (cob 4 GENERAa, FUND 0.00 0,00 or or 0,00 0.90 0.00 0,00 4000-A9325 BANK. MOIE PROCEEDS 721,365.00 a.00 0,00' 722,365,00 0,00 0,00 100.00 4060-49550' Luse PRINCIPAL PAYMENTS M) 0.00 6,00 cc or 0,00 0,06 0.00 or 00 TOTAL OTKER FINANCNG SOURCES 722,360,00 0,00 0,00 '122,365,00 0.00 0.00 100,00 TOTAL REVENUES 3,oao,sas.00 230,681-92 0,00 2,422,164„45 0.00 )48,400,55 88,65 corz OF WYLIE PRAT( 3 618E88318 ,KNO 514.1336(11.16. REPORT ''''- 1113EATOITE11,71 O. OFc Ao-fol,..ioyo oisT, 061.5 11811—AR6IN, 111211356003111811 DEVEL 128113.0 CEVE1 OTNE2651111 CORP--111E11C DEPARTMENTAL EXPERIETURES 21.011111172,E11,811 515111111136111,111 1151192,11:311112 1,111118.39 '.0!'--T--D 13(..313011120 :'.!.,, 1o,r Fo)Dolor ou.,.,,R,R.,:or..), oo A.D.,ou s,q,o, .A.coio..P.,„:„fo F.'1'sko,..c..io.,I.Evo...A.1,,ic..1,.,..'„ 155.18181,0812 11111172125310 1110:1111111501012151... 1211115,31LIDA1,183 13 . 1 .3 1,. , 1 . 3 . 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C,I 4 4rJ 6 l'''r.01 Al 4414 48 13 33 Al2 112 030114 0'13 401121004.10 44 1 1 Wylie Economic Development Corporation Balance Sheet Sub Ledger August 31, 2015 Notes Payable Date of Rate of Principal Purchase Payment Beginning Bal. Principal Interest Interest Balance August 1,2015 2,374,247.81 ANBTX-88122627 MARTINEZ(#57 of 60) 10/28/10 $8,200.66 $23,808.60 $8,138.71 $61.95 2.95 15,669.89 ANBTX-88130968 HUGHES/RANDACK(33 of 60) 10/23/12 10,107.00 270,305.99 9,178.01 928.99 3.99 261,127.98 Hobart HOBART(#19 of 60) 1/6/14 5,378.30 206,833.63 4,516.49 861.81 5.00 202,317.14 ANBTX-88130976 WOODBRIDGE PKWY (#12 of 60) 8/15/14 13,267.93 852,480.91 11,351.98 1,915.95 2.61 841,128.93 ANBTX-88148481 BUCHANAN(#12 of 60) 8/13/14 7,331.95 332,656.02 6,287.36 1,044.59 3.77 326,368.66 ANBTX-88149711 PEDDICORD/WHITE(#8 OF 120) 12/12/14 7,382.45 688,194.53 4,974.36 2,408.09 4.20 683,220.17 August 31, 2015 $44,446.91 $7,221.38 2,329,832.77 Note: Principal and Interest payments vary by date of payment. r • Wylie Economic Development Corporation Inventory Subledger August 31, 2015 Inventory-Land Date of Pur. Address Acreage Improvements Cost Basis Sub-totals Cooper McMasters 7/12/05 709 Cooper 0.48 n/a $202,045 Heath 12/28/05 706 Cooper 0.46 $32,005 3,625 186,934 , Perry 9/13/06 707 Cooper 0.49 Demo 200,224 Bowland/Anderson 10/9/07 Cooper Dr. 0.37 n/a 106,419 KCS 8/1/08 Cooper Dr. 0.41 n/a 60,208 Duel Products 9/7/12 704 Cooper Dr. 0.50 n/a 127,452 Randack 10/23/12 711-713 Cooper Dr. 1.09 217,500 8,880 400,334 Lot 2R3 7/24/14 Cooper Dr. 0.95 n/a 29,056 $1,312,672 Industrial Ct. Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361 R.O.W. 0.18 41,585 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284 R.O.W. 0.11 n/a 77,380 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,782 Buchanan 8/13/14 400 S. Hwy 78 1.25 68,294 12,750 503,233 Glenn 4/24/15 209 Industrial Ct 0.18 69,426 2,900 326,773 R.O.W. 0.12 n/a 1,799398 Regency Ferrell 9/29/05 2806 F.M. 544 1.09 Demo 239,372 Sale of R.O.W. 2/14/07 -0.09 n/a -20,094 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 2,800 171,842 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,171 416.290 Commerce Hobart Investments 11/12/13 Commerce 1.60 n/a 156,820 Hobart 1/6/14 605 Commerce 1.07 396,263 20,000 386,380 543,200 Jackson Heath 3/17/14 104 N. Jackson 0.17 220,544 3,304 220,034 Udoh 2/12/14 109 Marble 0.17 n/a 70,330 Peddicord 12/12/14 108/110 Jackson 0.35 155,984 4,444 486,032 City Lot 12/12/14 100 W. Oak St 0.35 n/a 776,396 Alanis White Property(Alanis) 12/12/14 Alanis 6.63 n/a 420,336 420,336 South Ballard Birmingham Trust 6/3/15 505 S. Ballard 0.14 n/a 411,977 411,977 507 S. Ballard 0.14 n/a 601 S. Ballard 0.22 n/a 603 S. Ballard 0.15 n/a 605 S. Ballard 0.15 n/a 607 S. Ballard 0.15 n/a Total 21.16 $1,704,819 77,153 $5,680,269 $5,680,269 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and not part of land value. "Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF SEPTEMBER 2015 MONTH WEDC WEDC WEDC DIFF % DIFF 2013 2014 2015 14 VS 15 14 VS 15 DECEMBER $148,500 $134,371 $154,719 $20,347 13.70% JANUARY 117,904 128,968 156,685 27,717 23.51% FEBRUARY 187,682 213,877 241,858 27,981 14.91% MARCH 139,745 121,483 171,741 50,258 41.37% APRIL 121,594 124,866 134,475 9,610 7.70% MAY 192,612 200,476 211,645 11,168 5.57% JUNE 141,328 145,137 161,426 16,289 11.22% JULY 148,763 149,537 159,973 10,436 6.98% AUGUST 180,280 193,751 216,962 23,212 11.98% SEPTEMBER 144,572 154,328 195,347 41,018 26.58% OCTOBER 137,407 152,545 NOVEMBER 193,783 213,292 Sub-Total $1,854,171 $1,932,632 $1,804,830 $238,036 15.19% AUDIT ADJ TOTAL $1,854,171 $1,932,632 $1,804,830 $238,036 15.19% WEDC SALES TAX ANALYSIS $300,000 $250,000 $200,000 1 It IV 1 ) /11 , 1 $150,000 { 1 li 02014 M201 1r Jil l{ <aI! 1 1 fri $100,000 i IVI I 1 t r mow 1 t 11 l, ,...�..... t I " ' l% r 1 % fil a Iij i0I I %; I l ( 1 I J' y $0 C �.�_� ...... E 2 '2 4 ¢ 2 4 ' ac 0 E Wylie City Council AGENDA REPORT ry krv4Mkw�, kllrq'.MYYY ryAi'A0A Meeting Date: October 13, 2015 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: September 23, 2015 Budgeted Amount: $ Exhibits: 4 Subject Consider, and act upon, Ordinance No. 2015-34, a change in zoning from Commercial Corridor (CC) to Planned Development —Light Industrial District (PD-LI) to allow Light industrial uses; on approximately 2 acres generally located west of Commerce Street and south of Business Way (710 Business Way). ZC 2015-10 Recommendation Motion to adopt Ordinance No. 2015-34, a change in zoning from Commercial Corridor (CC) to Planned Development —Light Industrial District (PD-LI) to allow Light industrial uses; on approximately 2 acres generally located west of Commerce Street and south of Business Way (710 Business Way). ZC 2015-10 Discussion Owner: Td Linduff Real Estate, LP Applicant: Wylie Economic Development Corporation Zoning Case 2015-10 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. Special Conditions of the PD prohibit certain uses typically allowed within the LI District by the current Zoning Ordinance. Animal Boarding without outside pens, automobile rental, mini-warehouse, and outside storage are prohibited, while contractor's maintenance yard requires an SUP. No irrigation is required and the existing landscaped/grassy areas are allowed to remain as is. Exhibits A (Location Map), B (PD Conditions), and C (Concept Plan) are included and made a part of this Ordinance. 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. Page 1 of 1 ORDINANCE NO. 2015-34 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 2015-10, FROM COMMERCIAL CORRIDOR (CC) TO PLANNED DEVELOPMENT — LIGHT INDUSTRIAL DISTRICT (PD- LI) TO ALLOW LIMITED LIGHT INDUSTRIAL USES ON APPROXIMATELY 2 ACRES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; 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 Planned Development Single Family (PD2015-XX-SF), said property being described in Exhibit "A" (Location Map), Exhibit "B" (PD Conditions), and Exhibit "C" (Concept Plan) 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. 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. Ordinance No.2015-34 Change in zoning from(CC)to (PD-LI)to allow Light industrial uses; generally located west of Commerce Street and south of Business Way 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 13th day of October, 2015. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: October 21,2015,in the Wylie News Ordinance No.2015-34 Change in zoning from(CC)to (PD-LI)to allow Light industrial uses; generally located west of Commerce Street and south of Business Way 1 I — I ' f I FN 12 r1,1! 4 34 West Brown Street „, u L —,' I 'I 1 i 9 , i I I I I I I 1 1 I 1 1 1 I 9 I tltl IIIIIIIP „ . . , ' , ! 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I ,' —..„.I Subject / ......._. ........._ Property I fl ,,C[Itl:1 A 1 0,,0 0,0 1,.. 01.1 41 ' ,.1. ,......--."-' „,,,; ; ; ; ,,..„.„,,,,,,1';;;\ 1,1191,9,049,91 tlI Lurk, ,tltltl,„ f 9ftlf,, tl III4 II ,, 9 I...—.,tlfztl. ,, , ,,,,,tl,!„ , \ !,, 1 \\ ,, 1 tl_tla,,,,,,"\ =,..4m, I I 9 Rol 7 „,....... ,...,1.,„„Illimi 1 Itl itlif,tlontlftlIf ftils I' I 1 1 '' '' !V,..mt,,,,4 .',K,L1 '„, i 11111 ' I I'Ill ) 11111 ' ' n il1 1 ,.. . . , 1111111111 ision , ............. 0 1 C:Q• ' ..,, — . r 2 ' 1 III 1 1 1 . : 1 i t / t• 1. t: ' I I 1 I I 1 , , 1 I I I 9 9 !talk„tllitluf,191,, Wo,,, ,k, I i i 1 , I I 9 i I 1 , 1 , 1 1 i 1 1 1 II tl 1 I r I / I , a i N , FM 544 t , F_____..) _ ,,,, ___ ......., , 1 ---„„„„ = „.. l'u; 11 , a — — , = u u-- LOCATION MAP ZONING CASE #2015- 10 .. . „ EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE No. 2015-10 I. GENERAL CONDITIONS: 1. This Planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Light Industrial District (LI) set forth in Article 4, Section 4.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 4-5—Light Industrial District(LI) Height Height of Main Structure (feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback(feet) 10 Rear Yard Setback(feet) 20 Lot Coverage 50 % Buffering and Screening Service and Loading Areas May face a public street or adjacent residential uses II. SPECIAL CONDITIONS: 1. The following uses as defined in the current Comprehensive Zoning Ordinance shall be permitted by Specific Use Permit only on the subject property: a. Contractor's Maintenance Yard with accessory outside storage (Retail, Personnel Service & Commercial or Wholesale, Distribution & Storage) b. Outside Storage as a primary use. 2. Light Assembly (Miniature Extrusion) uses to include the process of hydraulically pushing material through an aperture at elevated temperatures are permitted by right. 3. The following uses as defined in the current Comprehensive Zoning Ordinance shall be prohibited on the subject property: a. Animal Boarding/Kennel without Outside Pens b. Hotel/Motel c. Financial Institution (with or without drive-thru, Alternative) d. Automobile Rental e. Body Art Studio f. Equipment Rental g. Food Processing h. Motor Vehicle Fueling Station i. Pawn Shop j. Truck Machinery & Heavy Equipment Sales, Service or Repair k. Water Treatment Plant, Reservoir or Water Storage 1. Industrial (Outside) m. Mini-warehouse (Self-storage) n. Recycling Collection Center 4. The subject property shall be in conformance with all regulations of the Light Industrial Zoning District set forth in Section 4.2, Section 4.3, and Section 5.2 of the current Zoning Ordinance (and as amended)in every respect with exception to the uses indicated in Section II.1 and 11.2 above. 5. A Site Plan shall be submitted to reflect any accessory outside storage areas. 6. Existing unirrigated natural/landscaped areas shall remain in accordance with Site Plan. 7. Security screening (slats or other material) shall be allowed to screen outside storage areas. i I •,1 11 11 I Ili 1 t 1'V rl ir I? ' A 1 oh i a' dl . d R :177 , 1 1 ,, '1 ri q 1 i 'it, I ', \ i It i 1 .:,-- I I .411" I ig, Outside 0 1 eillt; tl. Ili 1 i t I Storage 1 0 I I 1 l'il 0,11i V , i I& '11100 '';. 11 I S 1 112 II: El R • AA 1 1 , _ 1 t I,1*,,,t,11;1101 Ar iti ir% tp. _ ''',','.',''''''.7c,\', II A ,,, ,, w k,,,,,, ,i .011 3 a 1 . vvL'vvvv•vvvv,I • _ , vv4 V I 4 44 h N h X 1 I hh4 i.0fl i M X hh „I I 111 t 4 t , 1 1 1 1 I 0 I 1 L h 1 —— APP. 1 I '15 1 1 1 , 1 I , 1 , I 1 „ 1 4 A - IP. 1 ol >< 1Z R96..2Z7 = 1,2 6XZ * ca' hIJ P M AZ C.C/2. , 010 110 $04—mls.e w;;;a;; 401111111k11“1. .h .;.1.0*A 1.11,1 III 411 4,1% 4 8 Iraq 0 1" ' ',1 • R Ai a I a 0 0 A 4Ax 1 8 i 1 1 1 3P 1 "1 Wylie City Council AGENDA REPORT Meeting Date: October 13, 2015 Item Number: G Department: Engineering (City Secretary's Use Only) Prepared By: Engineering Account Code: Date Prepared: October 2, 2015 Budgeted Amount: $4,414,571.00 Exhibits: Final pay request Subject Consider, and act upon, approval and final acceptance of the Woodbridge Parkway paving project and authorize final payment to Mario Sinacola& Sons in the amount of$228,411.78 and accept the project as complete. Recommendation Motion to approve final payment to Mario Sinacola& Sons in the amount of$228,411.78 and accept the project as complete. Discussion On July September 24, 2013, a construction contract was awarded to Mario Sinacola & Sons in the amount of $4,414,571.00 for the construction of Woodbridge Parkway from Hooper Road to Cody Lane. The contractor has addressed all of the punch list items and the roadway was opened to traffic last November. Funding for the project was provided by Collin County, the City of Wylie, the Wylie Economic Development Corporation, and the City of Sachse. The final contract price for the project is $4,568,235.95. Total project cost from Hooper Road to SH 78 is approximately $8,500,000. (Rev 01/2014) Page 1 of 1 EXCAVATING,INC. August 25,2015 Bid No.: W2013-71-B Project No.: 13310 Street: Woodbridge Parkway Mr.Chris Hoisted, P.E.,CFM City of Wylie 300 Country Club Road Wylie,TX 75098 Re: Release of Retainage Request Mr. Hoisted, Pursuant to Article SC.34,Application for Final Payment,of the Special Conditions of the Contract, Mario Sinacola&Sons Excavating, Inc. (MSSEI)has provide all documentation required by the City and is hereby requesting the release for all of the retainage withheld from previous pay request as well as the retainage on the attached final pay request. The amount of retainage being requested(including final pay request)is$228,411.78. The undersigned has been authorized to sign for the abovernentioned principal contractor: ,,, Date: August 25,2015 Principal Cont r ' "&SONS EXCAVATING INC. Signed By:„ , Typed Name: Robed L. Stevens Title: Vice President MSSEI requests that the retainage release payment be paid within thirty days of receipt of this letter If you have any questions or concerns please call Robert Bentz at(214)500-2120 or you can send an email to rbentZ@mariosinacola.corn. - - Approved Denied Amount$ Chris Hoist,i,P.E,CFM City of Wylie 31 41 C 1 ntry Club Road 10950 Research Road fu Frisco, Texas 75033 Phone: (2141 387-3900 fu Fax: (2141 387-3940 Application and Certificate For Payment Page 1 To Owner. City of Wylie Phojece: WOODBRIDGE PARKWAY ARdliCatkm PIO: 16 Date: 08/26/2015 300 Country Outs Road, lYt II WSLIE„TX Wylie,TX 75098 Period T . 08/26/15 architect's *13310 Project No: From Piano Sinacute 4 Born Err 4K, Contractor Sob (Contractor): 10950 Research Number: 13310 Contract Date: Frisco,TX 75033 vie(Architect): Contract for: prone: 214 387 3900 — ---- ---- -- Contractor's Application For Payment ' c _,.4' a Dreier Summery Additions. Deductions Original contract sum 4,414,571.00 change orders appru.ei in previous months by owner Net change by change orders 153,664.95 59356.70 — Date — Contract sum to date 4,568,235.95 Number Approved change 3 08/26/15 94,308,25 Total completed and stored to date 4,568,235.95 ordets approval this month Retainage 0.0%of completed work 0.00 ' Totals 94,308.25 0.0% of stored material 0.00 ..- Not change by change ca aka s 153,664.95 Total retainage 0.00 The nothandaned Centre:sae nannies met led the ben ar taa[retreurres hooa*toae,inklonatioo.end tieerf the nark Total earned less retainage ee Pe P 4,568,235..95 owned oe thes edelkatien fee ayment e been corepletral el ndelande fete the Canteen Ceenevalien,teat aa araorats raw tirom pan t,fin Canthacen few No**.whban P.PAP.4 01.191.1141.5 ft.'Perfent...d.re kneed end pavreents received Mien the neenie,see/thet nevelt Vary men(0.0 ,,11.1.,441W,h Rea.4,.. Less previous certificates of payment 4,339,82415 ---1 /I / /I,ill I II 1 Current sales tax c..ver,A--:// '---'- /-7 ._, Sy: ir.„o.i.s- ,---- _ t,--- I Date: - - - r, c 0.000% of taxable arnount 0.00 TEMS State oh.' Coonty of: COW SELL zR5 , :-_,-- \ _ JAYNI i7 t o- mission Exp e Current sales tax 0.00 Subscribed and sworn to beforecize mii6th flax of..--.1-1"7''1-47 1'J':-: , junn 19i 201 n x 2015 ()wag.). Notary pubilic: 1— - :--7.-...: ----- r -my irs Current payment due 1 226,411.78. 6- ...fy mrn coisairm e 1017 i xpires - - ' - .__ Balance to finish, Including retainage 0.00 Architect's Certificate for Payment in acWoJaoco wen the Centred thadornenfa,toned On ce-rata observations and Ift data ow-wising the above applicaUen acceded Ow aminallet dertiefle W the Dow that to trio test or re Arceitedet arioatiocie intoohnien aro brie tria wooi Ins PreVaSSO5 ft inthaibed,eta duality or tee Week IS in iiffx-OgrOr eta We[retract Oracumare6 eta the[hatierue ts mtittaa to reheard Of the Amen"C01.1n4d- 8v: Doc MSS El Thki Certerahre is nal no;ottablor Tha Adtriaa CUrUted to payable trey to the Cam name°herein: bauanta,~mark aid so:or:Wpm of payment are wet praaudka to terry notia of die Owner Or Contactor unfair di,Cu t.ict Amount Cardffed 3,. CITY ENGINEER CITY SUPERVISOR Application and Certificate For Payment--page 2 To Owner: City of Wylie Application No: 16 Date: 08/26/15 Period To:08/26/15 From(Contractor): Mario Sinacola&Sons Exc Inc, Contractors lob Number: 13310 Project: WOODBRIDGE PARKWAY Architect's Project No: #13310 Work Completed Work Completed Completed and Stored To Date Previous Application This Period Item Unit Contract Schortotod Number Description Price Quantity UM Value Quantity Amount Quantity Amount Quantily Amount -_,- Retention Memo 10 BASE BID A-PAVING/DRAINAGE 10010 TOP SOIL STRIPPING 6,0060000 1.00 LP 6.000.00 1.00 6,000.00 .00 0.00 7,,cc 6.000.00 100.0 600 10020 MOBILIZATION 160,000.0000 1.00 LP 160.000.00 1.00 160.01)601) .00 0.00 ,_L'41, 160,000.00 100_0 000 10030 SITE PREPARATION 80.000.0000 1,00 LP 80.000.00 1.00 00,000.00 .00 0.00 •_00 60.000.00 100,0 coo 10040 TEMP EROSION,SEDIM• 30.000.0000 1.00 LP 30,000.00 1.00 30,000,00 .00 0.00 '_00 30000,00 100,0 609 ENTATION&WATER POLLUTION PREV8CONTROL 10050 TRAFFIC CONTROL 5,000.0000 1.00 LP 5.000.00 1.00 5,000.00 .00 0.00 1.00 5,000.00 100.0 0.00 10060 UNCLASSIFIED STREET 2.0000 6200.00 CY 12.400.09 6200.00 12,400.00 .00 0.00 6200.00 12,400.00 100.0 0.00 EXCAVATION 10070 BACKFILL(IMPORT=37,800 CY) 1.0000 44000.00 CY 44.000.00 44000.00 44.000.00 .00 0.00 44000.00 44.000.00 100.0 0.00 10080 MIME STABILIZATION 2.3000 1470600 SY 33.810.00 14700.00 33.810.00 00 0.00 14700.00 33.810.00 100.0 0.00 SUBGRADE e 44 LBS/SY 10090 HYDRATED LIME a 44 LBS/SY 140.0000 323.00 TON 45,220.00 323.00 45220,00 .00 0.00 323.00 45.220.00 100,0 0.00 10100 6"REIN.CONCRETE W/6" 31.0000 13900.00 SY 430,900.00 13900.00 430.900.00 .00 0.00 13900.00 430.930.00 100.0 0.00 INTEGRAL CURB 10110 6"REIN,CONCRETE DRIVEWAY 40.0000 92.00 SY 3,680.00 92.00 3.680.00 .00 0.00 92.00 3.680.00 100.0 0.00 10120 GRAVEL DRIVEWAY TXDOT IT. 15.0000 101.00 SY 151600 10100 1.515.00 .00 0.00 101.00 1.515.00 100.0 0.00 247-FLEX BS(NON•LIMESTONE GR) 10130 HYDROSEED PARKWAY) 1.5000 16500.00 SY 24,750,00 16500,00 24.750.01 .00 0.00 165000 24.750.01 100.0 0.00 10140 SOD(MEDIAN) 3.0000 1300.03 SY 3.900.00 1300.00 3,900.00 .00 0.00 1300.00 3.900.00 100.0 0.00 10150 PAVEMENT MARKINGS AND 6,000.0000 1.00 LP 6,050.00 1,00 6.000.00 .00 0.00 1.00 6,000.00 100.0 0.00 MARKERS 10160 RELOCATE EX,MAILBOX 2.000.0000 1.00 EA 2,000.00 1.00 2.000.00 .00 0.00 1.00 2,000,00 100.0 0.00 10170 EX-SCHOOL MONUMENT TO BE 5.000.0000 1.00 EA 5,000.00 1.00 5,000.00 .00 0.00 1.00 5.000_00 100.0 0.00 RELOCATED 10180 CONCRETE SIR.HEADER 10,0000 200.00 LF 2,000.00 200.00 2.000.00 .00 0.00 200.00 2,000.00 100.0 0.00 10190 METAL BEAM GUARD FENCE 20.0090 100.00 IF 2,000.00 100.00 2.940.00 .00 0.00 100.00 2,000.00 100.0 0.00 10200 METAL BEAM GUARD FENCE• 1.000.0300 2.00 EA 2.000.00 2.00 2.000.00 .00 0.00 2.00 2,000.00 100.0 0.00 TL2 10210 24"RCP 56.0000 140.00 LF 0.120.00 140.00 8.120.00 .00 0.00 140.00 8,120.00 100.0 0.00 10220 48"RCP 163.0000 68.00 LF 14,344.00 88.00 14,344.00 .00 0.00 88.00 14.344.00 100.0 0.00 10230 54"RCP 195.0000 324.00 LF 63.180.00 324.00 63,180.00 .00 0.00 324.00 63.180.00 100.0 0.00 10240 6'X 6'RCB 255.0000 810.00 LF 206.550.03 810.00 206,550.00 .00 0.00 810.00 206.550.00 100.0 0.00 10250 7'X 7'RCB 290.0000 750.00 LF 217.500.00 750.00 217.500.00 .00 0.00 750.00 217.500.00 100.0 0.00 10260 15'CURB INLET 3,500.0000 2.00 EA 7.000.00 2.00 7,000.00 .00 0.00 2.00 7.000.00 100.0 0.00 10270 20'CURB INLET 4,500.0000 2.00 EA 9.000.00 2.00 9.000.00 .00 0.00 2.00 9.000.00 100.0 0.00 10280 6'X.V STORM DRAIN JUNCTION 11.000.0000 4,00 EA 44.000.00 4.00 44.000.00 .00 0.90 4.00 44.000.00 100.0 0.00 BOX 10290 HEADWALL FOR 7'X 7'RCB 15000.0000 1.00 EA 15.00000 1.00 15.000.00 .00 0.00 1.00 15,00600 100,0 0.00 (TXDOT FW•61 Application and Certificate For Payment--page 3 To Owner: City of Wylie Application No.: 16 Date: 08/26/15 Period To:08/26/15 From(Contractor): Mario Sinacola&Sons Exc Inc. Contractors Job Number: 13310 Project: WOODBRIDGE PARKWAY Architect's Project No: #13310 Work Completed Work Completed Completed and Stored To Date Previous Application This Period Item Unit Contract Scheduled Number Description Price Quantity um value Quantity Amount Quantity Amount Quantity Amount % Retention Memo 10300 CONCRETE RIPRAP 55.0000 792.00 SY 43360.00 792.00 43,560.00 .00 0.00 792.00 43.560,00 100.0 0.00 10310 STORM DRAIN TRENCH SAFETY 5.0(100 2112.00 LF 10,560.00 2112.00 10.560,00 .00 DM 2112.00 10.560.00 100.0 0.00 10320 REMOVE&RELOCATE EX,FIRE 2,250.0000 1.00 EA 2,250.00 1.00 2.250.00 .00 0.00 1.00 2.250.00 100.0 0,00 HYDRANT ASSEMBLY 10330 WATER VALVE ADJUST 350.0000 5.00 EA 1.750.00 5.00 1,750.00 .00 0.00 5.00 1,750.00 100.0 0.00 10340 FIRE HYDRANT ADJUST 750.0000 2.00 EA 1,500.00 2.00 i.500.00 .00 0.00 2.00 1.500,00 100.0 0.00 10350 WATER METER ADJUST 750.0000 1.00 EA 750.00 1.00 750,00 .00 0.00 1.00 750.00 100.0 0.00 10360 TYPE R GROUTED ROCK RIP RAP 75.13606 115.00 SY 8,625.00 115.00 8.625.00 .00 0.00 115.00 8,625.00 100.0 0 00 10370 30°PVC 0546 WASTE WATER 335.0000 143.00 LF 47,905.00 143.00 47,905.00 .00 0.00 143.00 47,905.00 100.0 0.00 LINE 10360 42"STEEL ENCASEMENT 500.0000 100.00 LF 50.000.00 100.00 50.000.00 .00 0.00 100.00 50.000,00 100.0 0.00 10390 5.0°DIAMETER WASTE WATER 24,000,0000 3.00 EA 72.000.00 3.00 72,000.00 .00 0.00 3.00 72 000.00 100.0 0.00 MANHOLE 10400 BYPASS PUMPING 40.000.0000 1.00 LP 40.000.00 1.00 40.000.00 .00 0.00 1.00 40.000.00 100.0 0.00 10410 SINGLE GUARDRAIL TERMINAL 3,000.0000 2.00 EA 6.000.00 2.00 6.000.00 .00 0.00 2.00 6 000.00 100.0 0.00 Total BASE BID A-PAVING/DRAINAGE 1.769.769.00 1.769.769.01 0.00 1,769,769.01 0.00 20 BASE BID B-BRIDGE CONSTR 20010 TOP SOIL STRIPPING 3,000.0000 1.00 LP 3.000,00 1.00 3.00000 .00 0.00 1.00 3.000.00 100.0 0,00 20020 DRILL SHAFT(30 IN) 90.0000 596.00 LF 53.840.00 596.00 53.640.00 .00 0.00 596.00 53,640.00 100.0 0,00 20030 CLASS C CONCRETE 830,0000 50.00 CY 41,500.00 50.00 41,500.00 .00 0.00 50.00 41,500.00 100,0 0.00 (ABUTMENTS) 20040 CLASS C CONCRETE(BENT) 950.0000 93.00 CY 88.350.00 93.00 8E1.350.00 .00 0.00 93.00 88.350.00 100.0 0.00 20050 CLASS C CONCRETE 350.0000 107.00 CY 37.450.00 107.00 37.450.00 .00 0.00 107.00 37450.00 100.0 0.00 (APPROACH SLAB) 20060 CLASS S CONCRETE(BRIDGE 510.0000 50.00 CY 25,500.00 50.00 25.500.00 .00 0.00 50.00 25.560.00 100.0 0.00 SIDEWALK) 20070 REIN.CONCRETE SLAB 16.0000 16240.00 SF 259.840,00 16240.00 259.840.00 .00 0.00 16246.09 259.840.00 100.0 0.00 20080 PRESTRESSED CONCRETE 109.0000 2224.00 LF 242.416.00 2224.00 242.416,00 .00 0.00 2224.00 242.415.00 100.0 0.00 GIRDER(TX28) 20090 CONCRETE SURFACE 3.0000 19432.00 Si' 5.976.00 1992.00 5.976.00 .00 0.00 1992.00 5.976.00 100.0 0.00 TREATMENT(CLASS II) 20100 RIPRAP(CONCRETES") 380.0000 189.00 CY 71,820.00 189.00 71,820.00 .00 0,00 i 89.00 71.820.00 100.0 0.60 20110 STRUCTURAL STEEL 20.0000 154.00 LB 3,080.00 154.00 3,080.00 .00 0.00 154.00 3.080.00 100.0 0.00 (MISCELLANEOUS BRIDGE) 20120 RAIL(TY C221) 100.0000 292.00 LF 29,200.00 292.00 29,199.99 .00 0.00 292.00 29,199.99 100.0 0.00 20130 RAILING(TY T551) 70.0000 292.00 LF 20.440.00 292.00 20.440.00 .00 0.00 292.00 20.440.00 100 0 0.00 20140 ARMOR..101NT(WITH SEAL) 80.0000 110.00 LF 8,800.00 110.00 8,800.00 .00 0,00 110.00 8.8130.00 100.0 0.00 Total BASE BID B-BRIDGE CONSTR 891.012.00 891.011.99 0.00 891.011,99 0.00 30 BASE BID C-PAVG/DRAINAGE 30010 TOP SOIL STRIPPING 13,000.0000 1.00 LP 13,000.00 1.00 13,000,00 .00 0.00 1.00 13.000.00 100.0 0.00 Application and Certificate For Payment--page 4 To Owner: City of Wylie Application No: 16 Date: 08/26/15 Period To:08/26/15 From(Contractor): Mario Sinacola&Sons Exc Inc. contractor's Jab Number: 13310 Project: WOODBRIDGE PARKWAY Architect's Project No: #13310 work Completed Work Completed Completed and Stared To Pale Previous Application ThiS Period Rem Unit Contract Scheduled -- Number Description Price Quantity UM Value Quantity Amount Quantity Amount Quanuty Amount % Retention Memo 30020 MOBILIZATION 175,000,0000 1.00 LP 175,000.00 1.00 175.000.00 .00 0.00 1.00 175.000.00 100 0 0.00 50030 SITE PREPARATION 95,000.0000 1.00 LP 95,000.00 1.00 95.00000 .00 0.00 1.00 95.000.00 100.0 0.00 30040 TEMP EROSION.SEE)- 30.000.0000 1.00 LP 30,000.00 1.00 30.000,00 ,00 0.00 1.00 30,000.00 100.0 0.00 IMENTATION&WATER POLLUT PREY&CONTROL 30050 UNCLASSIFIED STREET 2.0000 77800.00 CY 155.600.00 77800.00 $55.600.00 .00 0.00 77800,00 155.600.00 100.0 0.00 EXCAVATION 30060 BACKFILL(ROADWAY) 1.0000 76500.00 CY 76,500.00 76500.00 76.500.00 .00 0.00 76509.00 76,500.00 100.0 0.00 30070 ROADWAY EXCAVATION(HAUL 8.4600 1300.00 CY 10920.00 1300.00 10,920.00 .00 0.00 1300.00 10,920.00 100.0 0.00 OFF) 30080 OFF•SITE EXCAVATION(PL ON 2.2000 90000.00 CY 196.000,00 90000,00 198.000.00 .00 0.00 90000.00 198,000,00 100,0 0.00 HERZOG PROPERTY WEST.OF WE iskwy) 30050 OFF-SITE EXCAVATION(HAUL 5.3000 90000,00 CY 477,000.00 90000.00 477,000,00 .00 0.00 90000.00 477,000.00 100.0 0.00 OFF) 30100 7"LIME STABLIZATION 2.3000 9350,00 SY 21.505.00 9350.00 21.505.00 .00 0.00 9350,00 21.505.00 100.0 0.00 SUBGRADE ig 44 LBS/SY 30110 HYDRATED LIME ig 44 LBS/SY 140.0000 206.00 TON 28.84000 206.00 28.840,00 .00 0.00 206.00 26.840.00 100.0 0.00 30120 8-REiN.coNCRE W(6"INTEGRAL 31.0000 8685.00 SY 269.235.00 6665.00 269.235.00 .00 0.00 8685.00 259.236.00 100.0 0.00 CURB 30130 HYDROSEE(PARKWAY) 1.5000 16350.00 SY 24.525,00 16350.00 24.525.00 00 0.00 16350.00 24,525.00 100.0 0.00 30140 SOD(MEDIAN) 3.0000 3400,00 SY 10,200.00 3400.00 10.200.00 .00 0.00 3400.00 10.200.00 100.0 0.00 30150 PAVEMENT MARKINGS AND 3,000.0000 1.00 LP 3.000.00 1,00 3.000.00 .00 0.00 1.00 3.000.00 100.0 0.00 MARKERS 30160 METAL BEAM ORD FENCE 20.0000 100.00 IF 2.000.00 100.00 2.000.99 .00 0.00 100.00 2.000.00 100.0 0.00 30170 METAL BEAM GUARDRAIL.TL2 1.000.0000 2.00 EA 2.000.00 2.00 2,000.00 .00 0.00 2.00 2,000,00 100,0 0.00 30180 18-RCP 48,0000 117.00 LF 5.616.00 117.00 5.616.00 .00 0.00 117.00 5.616.00 100.0 0.00 30190 24-RCP 58,0000 176,00 LF 10.208.00 176.00 10.208.00 .00 0.00 176,00 10.208.00 100.0 0.00 30200 48"RCP 163.0000 187.00 LF 30.481.00 187.00 30 481.00 .00 0.00 187.00 30.481.00 100.0 0.00 30210 10'CURB INLET 2.600.0000 3.00 EA 7.800.09 3.00 7.800.00 .00 0,00 3.00 7,800.00 100.0 0.00 30220 15 CURB INLET 3.500.0000 1.00 EA 3.500.00 1.00 3,500.00 .00 0.00 1,00 3.500.00 100.0 0.00 30230 HEADWALL FOR 24-RCP(TYPE 2,000,0000 2.00 EA 4,000.00 2.00 4,000.00 .00 0.00 2.00 4.000.00 100.0 0.00 B) 30240 HEADWALL FOR 46"RCP(TYPE 4.00(,0000 2.00 EA 8.000.03 2.00 8.000.00 .00 0.00 2.00 8,000.00 100.0 0.00 B) 30250 ROCK RIPRAP 65.0000 165.00 SY 10.725.00 165.00 10,725.00 .00 0.00 165.00 10,725.00 100.0 0.00 30260 CONCRETE RIPRAP 55.0000 1277.00 SY 70.235.00 1277011 70,235.00 .00 0,00 1277.00 70.235.00 100.0 0.00 30270 STORM DRAIN TRENCH SAFETY 5.0000 480.60 LG 2.400.00 480.00 2,400.00 .00 0.00 480.00 2.400.00 100.0 0.00 30280 SANITARY SEWER MANHOLE 2.500.0000 1.00 EA 2,500,00 1.00 2.500.00 .00 0.00 1.00 2.50000 100.0 0.00 ADJUSTMENT 30290 SINGLE GUARDRAIL TERMINAL 3.050.0000 2.00 EA 6,000.00 2.00 6,000.00 .00 0.00 2.00 6.000.00 100.0 0.00 Total BASE BID C-PAVG/DRAINAGE 1,753.790.00 1,753,790.00 0.00 1,753.790.00 0.00 50 CHANGE ORDER 1 Application and Certificate For Payment-- page 5 To Owner: City of Wylie Application No: 16 Date: 08/26/15 Period To:08/26/15 From(Contractor): Mario Sinacola&Sons Exc Inc. Contractors lob Number: 13310 Project: WOODBRIDGE PARKWAY Architect's Project No: #13310 Work Completed Work Completed Completed and Stored To Date Previous Application This Period Item Unit Contract Scheduled Number Description Price Quantity UM Value Quantity Amount Quantity Amount Quantity Amount % Retention Memo 50010 CO1-REMV EXIST PVMN'T MARK 1 262.0000 1.00 LP 1.262.00 1.00 1.262.00 .00 0.00 1,00 1.262.00 100.0 0.00 AND MARKINGS Total CHANGE ORDER 1 1.262.00 1,262.00 0.00 1.262.00 0.00 ss CHANGE ORDER 2 10080 CO2.7 LIME STABILIT S Q44 2,3000 135,75 SY 312.23 135.75 312.23 .00 0.00 135.75 312.23 100.0 0,00 Ibs/sy 10090 CO2-HYDR,LIME 644 lIe 140.0000 2.99 TON 418,60 2.99 418.60 .00 0.00 2.99 418,60 100,0 0.00 10110 002.E-REINF CONCR DRIV 40.0060 101.00 SY 4,040,00 101.00 4,040,00 .D0 0.00 101.00 4,040,00 100.0 0.00 10120 CO2-GRAVEL DRIVE WAY TaDol 15.0000 •101.00 SY •1515.00 -101.00 -1,515.00 .00 0.00 -101.00 -1.515.0D 100.0 0.00 247•Flen BS(Non Limestone) 10260 CO2.15'CURB INLET 3,500,0000 -2,00 Fro -7.000.00 -2.00 .7.000.00 .00 0.00 -2.00 -7.000.00 100.0 0.00 10270 CO2.20'CURB INLET 4.500,0000 2.00 EA 9.000.00 2.00 9.000.00 .00 0.00 2.00 9.000.00 100.0 0.00 20020 CO2•DRILL SHAFT(301 90.0000 219.62 LF 19.765.60 219.62 19.765.60 .00 0.00 219.62 19.765.80 100.0 0.00 55010 CO2•EX.15.S.S.CONCR(Base 10.415,1800 1.0D LP 10.415.18 1.00 10.415.18 .00 0.00 1.00 10.415.18 100.0 0.00 Bid C) 55020 CO2-3-WYLIE ISD GAS STRIKE 19.517.4700 1.00 LP 19.517.47 1.00 19.517.47 -00 0.00 1.00 19.517.47 100.0 0.00 ON 414/14(Base Sid Al 55030 CO2-30'DIA.DRILL SHA 836.4600 •1.00 LP -836.46 -1.00 -83646 .00 0.00 •1.00 -836.46 100.0 0.00 EXTENSIONS(Base Bid El 55040 CO2•STRIPING ADDITIONS FOR 3,976,8800 1.00 LP 3.976.88 1.00 3.976.86 .00 0.00 1,00 3.976.88 100.0 0.00 Base Bids A.B 5 C Total CHANGE ORDER 2 56.094.70 58,094.70 0.00 58.094.70 0.00 6o CHANGE ORDER 3-FINALIZE QTY'S 10100 CO3-8'REIN.CONC W/6'CURB 31.0000 135.75 SY 4.208,25 135,75 4,208.25 .00 0.00 135.75 4,206.25 100.0 0.00 30090 CO3.OFFSITE EXC(MAUL. 5.3000 17000.00 CY 90.100.00 17000,00 90.100.00 .00 0.00 17000.00 90,100.00 100,0 0.00 Total CHANGE ORDER 3-FINALIZE QTY'S 94.308.25 94.308.25 0.00 94,308.25 0.00 Application Total 4.566,235.95 4,568,235,95 0.00 4,568,235,95 0.00 CONDITIONAL WAIVER ANC RELEASE ON FINAL PAYMENT Project WOODBR➢DGEPARKWAY. Job No.13310 On receipt by the signer of this document of a check from City of W lie,(maker of cheek) in the sum of S228,6111..78 payable to Mario Sinacola & Sons ExcavatinLin+c._ (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with ° state or federal statute, any common law payment bond right, any claim for payment., and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of City of Wylie (owner) located at Wylie Texas, Colin County (location) to the following extent: ]having, Drainage Utilities and Structures(job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to City_of Wylie (Contractor)„ Before any recipient of this document relies on this document,, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s)or progress payment request(s)„ Dante August 2f3 20l S /° �' '",�� Excavating,Inca (Company name) (Signature) oert I. Stevens, Vice President (Name and Title) STATE OP TEXAS COUNTY OF COL➢._IN This Conditional Waiver and Release on Final Payment was acknowledged before me on this 26th day of Auttust, 2015, by Robert L, Stevens, on behalf of Mario Sinacola & Souls, Excavation Int., a Corporation. rr-NRY PUBLIC, in and for the Stara of Texas My Commission Expires: 6-19-2017 zryu4u II,II„ S +Im uouirmi sNaaiiio pw,Xpuo e 111 June tl,9, 201"r .. SOLO PAGE CONDITIONAL AND '1''1E11..,EASE ON FINAL !'''AYMENT Project WOODBRiDGE PARKWAY, Job No.13310 On receipt by the signer of this document of a check from City of Wylie (maker of check) in the sum of$228,411.78 payable to Mario Sinacola & Sons Excavating Inc. (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic"s lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment., and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of City of Wylie (owner) located at Wylie Texas., Colin County (location) to die following extent: Paving, Drainage Utilities and Structures(job description), This release covers the final payment to the signer for all labor., services, equipment. or materials furnished to the property or to City of Wylie (Contractor), Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer"s laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s), Date •August 26. 2015 Mario Sinacola & Sons Excavating Inc. (Company name) By (Signature) Robert I...„ Stevens., Vice President (Name and Title) STATE OF TEXAS COUNTY OF COLLIN This Conditional Waiver and Release on Final Payment was acknowledged before me on this 26th day of August, 2015, by •Robert L. Stevens, on behalf of Mario Sinacola ; Sons. Excavation Inc., a Corporation. A , iTARY PUBLIC, in and for the Sta., of Texas My Commission Expires: 6-19-2017 Ann s LL. S My V omuniissC.IIe s 9 20 SC0.0 AG 9 µ ° Wylie City Council Y w� w 49 AGENDA REPORT Meeting Date: October 13, 2015 Item Number: 1 Department: Engineering (City Secretary's Use Only) Prepared By: Purchasing Account Code: Date Prepared: October 1, 2015 Budgeted Amount: Exhibits: Bid Tabulation Subject Consider and act upon the award of bid # W2015-67-B for Ballard Avenue Paving & Drainage Improvements Dallas/Collin County Line to Alanis Drive Project; to Tri-Con Services Inc. in the amount of $5,299,999.99, and authorizing the City Manager to execute any and all necessary documents. Recommendation A motion authorizing the award of Consider and act upon the award of bid # W2015-67-B for Ballard Avenue Paving & Drainage Improvements Dallas/Collin County Line to Alanis Drive Project; to Tri-Con Services Inc. in the amount of $5,299,999.99, and authorizing the City Manager to execute any and all necessary documents. Discussion Competitive sealed bids were solicited for the paving, drainage and utility improvements for Ballard Avenue from the Dallas/Collin County Line to Alanis Drive as described in bid #W2015-67-B. A public notification was placed in The Wylie News and on the Purchasing Department's public web page, and local agents were notified of the bid opportunity. Staff recommends the award of Bid #W2015-67-B for the Ballard Avenue Paving & Drainage Improvements in the amount of $5,299,999.99 to Tri-Con Services Inc. as the lowest responsive, responsible bid; and authorizing the City Manager to execute any necessary documents. The 2007 Collin County bond program included $5,400,000 for the Ballard Avenue project. The county released $365,000 for engineering and $350,000 for right of way acquisition. An agreement with Atmos was also approved in the amount of $440,680.71 for the relocation of a gas line along Ballard. County funding available for the project is $4,685,000 and an additional $1,056,000 is needed to complete the project. On September 2Pt, the Collin County Commissioners Court agreed to fund 50% of the additional funding needed for the project which is $528,000. Staff recommends using $528,000 from the east zone thoroughfare impact fees to match the county funding. The current east zone thoroughfare impact fee fund balance is approximately $1,200,000.00. Total project expenses to date are approximately $925,000 which includes engineering, right of way acquisition and the Atmos gas line relocation. Page 1 of 1 I I y O1 WYLIE BID SUBMISSIONS W2015-67-B BALLARD AVENUE IMPROVEMENTS (Dallas/Collin County Line to Alanis Drive) Bids Due Prior to: August 17, 2015 @ 3:00 pm (CT) Addendum/ Company Name: Bid Bond Base Bid Add 1 Total Bid$ GTI Yes/yes $6,416,046.75 $243,360.75 $6,659,407.50 Haydon Central LLC Yes/yes $6,114,275.35 $359,368.75 $6,473,644.10 Mario Sinacola&Sons Yes/yes $6,080,998.00 $222,681.75 $6,303,679.75 Pavecon Public Works Yes/yes $6,607,172.62 $229,544.15 $6,836,716.77 Tiseo Paving Company Yes/yes $6,916,788.65 $234,646.70 $7,151,435.35 Tri-Con Services Inc. Yes/yes $5,299,999.99 $260,3385.00 $5,560,384.99 I certify that the above includes all firms contacted to bid and that replies are exactly as stated. Final figures are subject to review by the Engineer of Record. kJ/ aa � e 2f i tit /7 20/o Glenna Hayes C.P.M.,A.P.P. Purchasing Agent Date "BID TABULATION STATEMENT" ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND, ACCORDING TO LAW,ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. PURCHASING DEPARTMENT CITY OF WYLIE,TEXAS e �`�� �� � Wylie City Council AGENDA REPORT era. kllrq'.MYYY tAi'AMA Meeting Date: October 13, 2015 Item Number: Work Session Department: Public Services (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: September 24, 2015 Budgeted Amount: Exhibits: 2 Subject Review of proposed Brown House facility fees. Recommendation N/A Discussion The City acquired the Brown House from the Birmingham Memorial Land Trust in May of 2015. In order to begin the process of accepting paid reservations from the public, a set of fees needs to be recommended by the Parks and Recreation Board and eventually approved by the City Council. At their July 2015 meeting, the Parks and Recreation Board reviewed fees recommended by staff as well as examples from other municipal facilities in the Metroplex. The Board tabled a formal recommendation of any new fees, and they decided to create a Board Subcommittee to conduct further study of potential fees with the goal of subsequently bringing a recommendation back to the full Board for review. The Parks and Recreation Board Subcommittee consisting of three Board members met on August 19, 2015 and September 9, 2015 to discuss proposed fees. At the Subcommittee meetings, the allowance of alcohol at the Brown House during rentals was discussed, and the Subcommittee directed staff to develop a draft policy that incorporated this possibility. At the September 14, 2015 Parks and Recreation Board meeting,the Board removed from the table the Brown House fees to review the Subcommittee recommendations. The Board discussed the proposed fees and alcohol policy. Ultimately,the Board decided to again table the item and directed staff to schedule a work session with City Council to review their findings prior to a formal recommendation being made. A recommended fee structure and draft alcohol policy will be discussed at the October 13, 2015 City Council meeting in a work session. (Rev 01/2014) Page 1 of 1 Brown House - Rental Pricing Comparisons updated 9-16-15 Deposit Hourly Rate Minimum Other Additional Info Board recommendation $ 300.00 $ 100.00 3 hours Mon-Thu Resident (capacity 40-50) $ 125.00 4 hours Fri-Sun Resident $ 300.00 $ 125.00 3 hours Mon-Thu Non-resident $ 150.00 4 hours Fri-Sun Non-resident $ 50.00 per hour Photography session per hour rate (use of outdoor/indoor) ? ? WISD rate Birmingham Trust fees $ 500.00 $ 100.00 4 hours Photography Sessions:$35/hr for inside house access $ 200.00 $ 150.00 3 hours Package 1-Resident City of Farmers Branch Historical Park $ 300.00 $ 250.00 3 hours Package 2-Resident (Capacity Varies) $ 200.00 $ 75.00 3 hours Package 1-Non-Resident* $ 300.00 $ 125.00 4 hours Package 2-Non-Resident* $ 200.00 $ 60.00 4 hours Resident-Mon-Thurs City of Dallas-White Rock Lake $ 200.00 $ 76.00 4 hours Resident-Fri-Sun Big Thicket $ 200.00 $ 70.00 4 hours Non-Resident-Mon-Thurs (Capacity 50) $ 200.00 $ 70.00 4 hours Non-Resident-Fri-Sun $ 400.00 Alcohol security deposit $ 50.00 Alcohol permit application fee *All Non-Residents are required to use$1000 worth if business with Farmers Branch hotels.A$25 per hour fee will be deducted from all deposits for reservations taking place before or after the Historical Park's hours of operation. DRAFT-Alcohol Policy-Brown House Alcohol may be consumed during Brown House reservations and at designated special events with written approval of the Director of the Public Services Department or his/her designee. The following guidelines must be adhered to: • Alcohol beverages shall be brought to the city facility and served ONLY by a contractor/vendor/concessionaire appropriately licensed by the Texas Alcoholic Beverage Commission. It is the contractor/vendor/concessionaire's responsibility to abide by all applicable laws/regulations/licensing/permitting. • Either the sponsor of the event or the contractor/vendor/concessionaire who will be serving/selling alcoholic beverages at the event must carry or obtain a Liquor Liability Addendum to their General Liability Policy and have such policy endorsed to the name City of Wylie as additional insured on the policy. Insurance requirements are as follows: General Liability Coverage: $1,000,000 per occurrence $2,000,000 annual aggregate G/L must include coverage for the following: a. Must be on an occurrence basis. b. Must include Medical Expense limits of not less than $10,000. c. Personal and Advertising Injury limit of not less than $1,000,000. d. Products and Completed Operations limit of$2,000,000 aggregate. e. Fire Damage, any one Fire limit of$1,000,000. The above insurance shall be in addition to any other insurance coverage required by the City policies or ordinances or contracts with the City. In the event any other policy, ordinance, or contract require greater levels of additional insurance than this policy, then the more stringent requirement will control. • The event sponsor shall be responsible for ensuring that intoxicated individuals are not served additional alcoholic beverages. • Consumption/service of alcoholic beverages will only be allowed in a specified area defined in the permit issued by the Director and his/her designee. • Any time alcoholic beverages are served, food must be made available by the event sponsor to attendees of the event. • Alcoholic beverages will not be authorized at an event where the attendees will predominantly be under 21 years of age (e.g. children's birthday parties, high school graduation parties, and similar events), which determination shall be solely at the discretion of the Director or his/her designee. • Any event where alcohol will be allowed and an alcohol deposit paid will require one or more off-duty Wylie Police Officers (or, if insufficient number of Wylie Police Officers are available, one or more law enforcement officers, as approved by the Wylie Police Department, with TCOLE certificate), as determined by the Director or his/her designee based on anticipated attendance at the event. Attendance exceeding the anticipated amount may require additional Police Officers and will be at the discretion of the Police Officer working the event. The cost of such officers shall be solely the expense of the event sponsor. • The deposit required by Fee Ordinance shall be doubled for events for which the Director and his/her designee have issued a permit pursuant to this policy. • Alcoholic beverages shall not be brought to the Brown House by an individual(s) or event sponsor for personal consumption or for ceremonial purposes; however, a single bottle of champagne, wine or other alcoholic beverage may be brought by the wedding party to a wedding event for which a reservation has been made solely for a toast between the bride and groom. This does require written permission of the Director or his/her designee, and the intent of such ceremonial toast must be indicated on the rental agreement. n e � • �� �� Wylie City Council AGENDA REPORT �kllrq'.MYYY�Ai'AMA Meeting Date: October 13, 2015 Item Number: Work Session 2 (City Secretary's Use Only) Department: City Manager Prepared By: Mindy Manson Account Code: Date Prepared: October 8, 2015 Exhibits: 1 Subject Review of proposed Interlocal Agreement between the City of Wylie, Texas and Wylie Northeast Special Utility District for an Interim Waste Water Service Agreement. Recommendation N/A Discussion Since the Inspiration Subdivision (originally known as the Hanover Development) was initially proposed in 2008, the City of Wylie has worked to ensure that the neighborhood would be connected to the regional waste water system, rather than be served by a small, independent treatment plant located near Lake Lavon. To that end, we worked through the process available to us with the Texas Commission on Environmental Quality and ultimately arrived at a Development Agreement that was approved by the City Council 2011. That Agreement set out some land use and development requirements, as well as the criteria for the timing that the development would be required to tie into the regional waste water system. The Agreement allowed the development to operate with a small on-site plant until a specified flow was reached, and at that time provisions would be made to tie the subdivision to one of the waste water treatment plants in the NTMWD system. Since that original Agreement was approved, the land changed hands and the new developers wish to forgo the small on-site plant option and work to connect to the regional system. Staff has worked with the Wylie Northeast Special Utility District (WNE), who will be the provider of water and sewer to Inspiration in order to identify a logical connection between that service area and the Muddy Creek Waste Water Treatment Plant. The ultimate permanent connection for the fully built-out neighborhood will take longer to implement due to the need to acquire right-of-way, complete engineering and so forth. The proposed term of the Interim Agreement is 3 years with a specified average and maximum daily flow. If approved, this will allow time for the work to be completed for the proposed permanent connection. (Rev 01/2014) Page 1 of 1 INTERIM WASTEWATER SERVICE AGREEMENT This Interim Wastewater Service Agreement (this "Agreement") is entered into by the City of Wylie, Texas ("City"), and Wylie Northeast Special Utility District ("SUD") effective this day of , 2015 (the "Effective Date"). City and SUD are individually referred to herein as a"Party" and collectively as the "Parties." ARTICLE I RECITALS Circumstances that lead to this Agreement are as follows: 1.1 North Texas Municipal Water District ("NTMWD") owns, operates and maintains a wastewater treatment and collection system known as the Muddy Creek Regional Wastewater System (the "Muddy Creek System") pursuant to which it operates the Muddy Creek Regional Wastewater Treatment Plant("Muddy Creek Plant")for treatment of wastewater. 1.2 NTMWD and City previously entered into a contract for wastewater treatment by NTMWD of City wastewater dated effective May 27, 1999 and a contract for wastewater transmission of City wastewater dated effective May 27, 2004 (collectively, the "Wastewater Contracts"). 1.3 Under the Wastewater Contracts, NTMWD currently provides wastewater collection and treatment service for areas within City commencing at the point of entry into the Muddy Creek System generally shown on Exhibit"A" attached hereto (the "City/Muddy Creek POE"). 1.4 SUD also provides wastewater collection and service and, pursuant to an agreement with NTMWD dated effective December 20, 2010, may transport the wastewater it collects to another regional wastewater treatment facility plant operated by NTMWD that is not the Muddy Creek Plant(the "Other Regional Facility"). 1.5 SUD provides wastewater services to property located within the boundaries of Collin County Water Control Improvement District #3 ("WCID #3") pursuant to a contract dated September 3, 2008 between SUD and WCID #3 (through an assignment to WCID #3). 1.6 NTMWD and SUD previously entered into a Settlement Agreement dated effective December 14, 2010, pursuant to which (i) SUD was allowed or permitted to construct a temporary on-site wastewater treatment facility within the boundaries of WCID #3 (the "Temporary Facility"), (ii) NTMWD was to operate the Temporary Facility; (iii) wastewater from the Temporary Facility was to be discharged into Lake Lavon, and (iv) SUD was to subsequently construct a lift station and pipeline to transmit wastewater from within the boundaries of WCID #3 (the "WCID #3 Wastewater") to the Other Regional Facility to replace the Temporary Facility and the discharge into Lake Lavon. 1.7 The Parties have now determined that all Parties would best be served by (i) SUD not constructing the Temporary Facility, and (ii) not discharging the WCID #3 Wastewater from the Temporary Facility into Lake Lavon, but instead, on an interim basis, having SUD provide wastewater services within WCID #3 at this time by transporting the WCID #3 Wastewater to a point of entry located within City generally shown on Exhibit"B" (the "WCID #3/City POE") so that the WCID #3 Wastewater is transmitted through City's collection system into the Muddy Creek System to the Muddy Creek Plant as shown on Exhibit"A". 1.8 City has additional collection system capacity under the Wastewater Contracts and is therefore willing, on an interim basis, to allow SUD to use the WCID #3/City POE to transport the WCID #3 Wastewater into City's wastewater collection system and to allow such wastewater to flow through the City's wastewater collection system to the City/Muddy Creek POE as shown on Exhibit"A". 1.9 In a separate document between NTMWD and City, NTMWD has acknowledged that the Muddy Creek System has adequate capacity for the arrangement contemplated in Sections 1.7 and 1.8 and has acknowledged City may allow the WCID #3 Wastewater to flow through City's wastewater collection system on an interim basis into the Muddy Creek System and be treated at the Muddy Creek Plant; said document shall be in such form as is normal and customary for NTMWD. 1.10 SUD is willing to immediately design and construct a lift station from within WCID #3 (the "Lift Station") and a pipeline to allow the WCID #3 Wastewater to be transported to the WCID #3/City POE. 1.11 The Parties have also determined that, on a long-term basis, the procedure contemplated by the Settlement Agreement for transport of the WCID #3 Wastewater to the Other Regional Facility should not be utilized and that, instead, SUD should construct a pipeline to transport the WCID #3 Wastewater from the Lift Station to flow directly into the Muddy Creek System without going through the WCID #3/City POE. 1.12 The Parties agree and acknowledge that the Parties should work together with one another, NTMWD and other stakeholders in the Muddy Creek System to structure a mutually desirable program to plan, develop, fund, and construct long-term improvements to the Muddy Creek System, including the Muddy Creek Plant, that will allow the Muddy Creek System and Muddy Creek Plant to serve SUD, customers serviced by SUD (including WCID #3) and other Participants and customers of NTMWD. 1.13 The Parties agree and acknowledge that this Agreement will be beneficial to the regions primary water reservoir, Lake Lavon, and will provide a preparatory step for SUD and other entities to become part of the Muddy Creek System, which will benefit all Parties and stakeholders in the region by diversifying the user base and related financing of operational costs, debt service, and future capital expansion of the Muddy Creek System. Page 2 ARTICLE II ADOPTION OF RECITALS AND CONSIDERATION 2.1 Each Party acknowledges the Recitals set forth in Article II of this Agreement and agrees that such Recitals are hereby incorporated into, and made a part of, this Agreement. For and in consideration of the Recitals set forth in Article I and the representations, agreements and covenants contained in this Agreement, the adequacy and sufficiency of which are hereby acknowledged, the Parties hereby agree as set forth in the following Sections of this Agreement. ARTICLE III CONSTURCTION OF SUD INTERIM FACILITIES 3.1 Within seventy-five (75) days after the Effective Date, SUD shall provide to City a set of engineering plans and specifications (the "Plans") prepared by a registered professional engineer for the construction of a wastewater transmission system from the Lift Station to the WCID #3/City POE, which transmission system shall consist of the Lift Station, force main and companion gravity main, and meter, all of sufficient size and capacity to transport expected volumes of the WCID #3 Wastewater from the Lift Station to the WCID #3/City POE during the Term (the "SUD Interim Facilities"). The Parties anticipate that the Lift Station and portions of the pipeline set forth in the Plans may, subsequent to the Term, be used to transport the WCID #3 Wastewater from the Lift Station to a point of entry directly into the Muddy Creek System that will not utilize the WCID #3/City POE or the City's wastewater collection system. Therefore, at such time as it has prepared such plans, SUD shall provide to NTMWD a set of the engineering plans for any portion of the above wastewater transmission system that is contemplated to be used for portions of the long-term improvements to the Muddy Creek System that may be hereinafter proposed. 3.2 Within twenty (20) days after receiving the Plans, NTMWD and City shall confer as needed and shall provide any comments the entity (City or NTMWD) may have on the Plans. After receipt of such comments, SUD shall have ten (10) days to address the comments and concerns of NTMWD and City. If the Parties are unable to resolve any differences over the Plans within such ten-day period, they shall thereafter meet with one another, with each Party agreeing to work in a commercially reasonable manner to resolve such differences as expeditiously as possible. Once the Plans have been approved by City and NTMWD, City shall promptly provide written approval of such Plans to SUD. 3.3 SUD shall not commence construction of the SUD Interim Facilities until NTMWD and City have provided written approval of the Plans in accordance with the procedure set forth in Sections 3.1 and 3.2. 3.4 As between the Parties, all costs for the construction of the SUD Interim Facilities shall be the responsibility of SUD, and NTMWD and City shall have no responsibility for such costs. Except for maintenance of the meters as described in Section 4.1, all operational and Page 3 maintenance costs for the SUD Interim Facilities shall be the responsibility of SUD. 3.5 SUD agrees that the Plans and the construction of the SUD Interim Facilities shall comply with all applicable laws and regulations. ARTICLE IV MEASUREMENT OF WASTEWATER FLOWS AND LIMITATION ON FLOWS 4.1 Once the SUD Interim Facilities have been completed, SUD may commence the transmission of the WCID #3 Wastewater from the Lift Station to the WCID #3/City POE. 4.2 Ownership of the meters at the WCID #3/City POE installed for purposes of measuring the WCID #3 Wastewater flows shall be vested with City. City hereby grants a license to NTMWD and to SUD to access such meters. NTMWD shall be responsible for maintaining the meters in accordance with NTMWD's standard maintenance policy for meters. 4.3 All the WCID #3 Wastewater entering the WCID #3/City POE shall be limited to wastewater produced within the current boundaries of WCID #3 and from properties granting easements for the wastewater transmission line conveying the wastewater flow to the WCID #3 / City POE; however, any property to be provided wastewater outside of the WCID #3 shall be requested by SUD in writing and approved / authorized in writing by City prior to service being provided. 4.4 SUD agrees not to discharge a volume of WCID #3 Wastewater into the WCID #3/City POE in excess of: an average daily flow of 175,000 gallons per day; a maximum (peak) day flow of 300,000 gallons per day, measured at the WCID #3/City POE; or a peak hour flow of 17,000 gallons per hour. 4.5 SUD agrees not to discharge WCID #3 Wastewater into the WCID #3/City POE that exceeds any of the following normal wastewater concentrations: (a) 275 milligrams per liter BOD (Biological Oxygen Demand); (b) 300 milligrams per liter TSS (Total Suspended Solids); (c) pH, not less than six (6) or greater than nine (9); and (d) 0.1 milligrams per liter Hydrogen Sulfide. 4.6 City agrees not to knowingly accept into the WCID#3/City POE any WCID #3 Wastewater in excess of such limitations. 4.7 City agrees to the flows of the WCID #3 Wastewater in accordance with this Article IV. 4.8 Title to all the WCID #3 Wastewater shall remain with SUD until discharged by SUD into the WCID #3/City POE, after which point title to the WCID #3 Wastewater shall pass to City until subsequently discharged into City/Muddy Creek POE, at which point title to such WCID #3 Wastewater shall pass to NTMWD. NTMWD shall have the right of re-use of the WCID #3 Wastewater treated at its Muddy Creek Plant to the extent authorized by all applicable laws and regulations. Page 4 4.9 SUD covenants that the transmission of the WCID #3 Wastewater to the WCID #3/City POE shall comply with all applicable laws and regulations. 4.10 City covenants that the transmission of the WCID #3 Wastewater from the City/Muddy Creek POE to the Muddy Creek Transmission System POE shall comply with all applicable laws and regulations and contractual provisions of City's agreement with NTMWD. 4.11 SUD shall be authorized to enter into a contract with WCID #3 authorizing the transport of WCID #3 Wastewater from the Lift Station to the WCID#3/City POE; the payment, allocation and reimbursement of the costs of constructing the Interim Facilities; the allocation and payment of the operational and maintenance costs of the Interim Facilities; and all other relevant matters as determined between such parties. 4.12 City shall continue to be responsible for maintenance and operation of City's wastewater collection and transmission system from the WCID #3/City POE to the City/Muddy Creek POE. 4.13 The Parties hereto acknowledge that NTMWD shall continue to be responsible for maintenance and operation of the Muddy Creek System according to existing agreements with City. ARTICLE V CHARGES AND PAYMENTS 5.1 SUD shall pay City charges for transport and treatment of the WCID #3 Wastewater (the "Wastewater Charges") equal to the amount derived by multiplying the number of gallons of WCID #3 Wastewater metered for the billing period times the Calculated Rate. For purposes of this Agreement, the "Calculated Rate" shall be equal to the per gallon unit cost paid by City to NTMWD pursuant to the Wastewater Contracts times a factor of 1.2. 5.2 City shall invoice SUD on a monthly basis for the Wastewater Charges. Invoices shall be prepared by City and delivered to SUD based on such billing cycle as agreed to between City and SUD and shall be consistent with the meter reading cycle at the WCID #3/City POE. SUD shall be responsible for paying such invoices within twenty (20) days after receipt. If an invoice is not paid within such time period, it shall be considered delinquent and subject to an additional charge of 5% as a late payment fee. 5.3 City shall be obligated to NTMWD for the payment of all amounts due under the Wastewater Contracts and this Agreement for transport and treatment of the WCID #3 Wastewater into the Muddy Creek System. 5.4 Either SUD or City shall have the right to request verification of the accuracy of the meters located at the WCID# 3/City POE by witnessing NTMWD calibrations. Should disagreement arise regarding the accuracy of the meters, either SUD or City shall have the right Page 5 to have an outside meter company evaluate the meters with NTMWD personnel once in any six (6) month period. ARTICLE VI TERM 6.1 This Agreement shall be for a term of three (3) years from the Effective Date unless terminated in writing by the Parties prior to the end of such three-year period. ARTCILE VII LONG TERM AGREEMENT 7.1 Within 60 days after the Effective Date, the Parties shall commence discussions with each other and with other stakeholders and NTMWD in the Muddy Creek System to structure a mutually desirable program to plan, develop, fund, and construct long-term improvements to the Muddy Creek System, including the Muddy Creek Plant, that will allow the Muddy Creek System and Muddy Creek Plant to serve SUD and other participants and customers of NTMWD. The Parties will work with one another in a commercially reasonable manner to complete a plan within twelve (12) months after the Effective Date for the construction and financing of long- term improvements to the Muddy Creek System such that SUD will be able to commence and complete construction within twenty four (24) months of a pipeline to transport WCID #3 Wastewater from the Lift Station to flow directly into the Muddy Creek System without going through the WCID #3/City POE. ARTICLE VIII REMEDIES 8.1 Each Party shall indemnify, defend and hold harmless each of the Other Parties and such other Parties' officers, agents, contractors, and employees (the "Indemnified Parties") from and against any and all risks, liabilities, liens, demands, suits, actions, losses, expenses, damages, costs (including, but not limited to attorneys' fees, accountant's fees, engineers' fees, consultants' fees and experts' fees), and claims because of injury to persons (including death) and/or injury or damage to or loss of any property or improvements to the extent arising from or caused by the acts and/or omissions of the indemnifying Party or such indemnifying Party's officers, agents, contractors, or employees in the execution of, performance under, or attempted performance under this Agreement. 8.2 The Parties acknowledge that the covenants and obligations of each Party under this Agreement are of a special nature and that any actual or threatened breach, violation, or evasion of such covenants and obligations will (a) result in damages to the other Parties in amounts Page 6 difficult to ascertain, and (b) give rise to irreparable injury to the other Parties. Accordingly, each Party agrees that the other Parties shall have a right to sue and shall be entitled to equitable relief, including without limitation, injunctive relief(in the form of a temporary restraining order, temporary injunction, and permanent injunction) and specific performance, without the necessity of proof of actual damage or posting a bond, against the actual or threatened breach, violation, or evasion of such covenants and obligations by the breaching Party in any proceeding that either of the other Parties may bring to enforce any provision of this Agreement, in addition to any other available legal remedies. 8.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE PARTIES SHALL, AND HEREBY DO, IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, CONTROVERSY, CLAIM, OR CAUSE OF ACTION BETWEEN THEM ARISING OUT OF OR RELATING TO THIS AGREEMENT. ARTICLE IX MISCELLANEOUS 9.1 This Agreement contains the entire agreement between the parties respecting the matters herein set forth and supersedes all prior or contemporaneous agreements or understandings, verbal or written, between the parties hereto respecting such matters. This Agreement may be amended by written amendment executed by all Parties thereto, but not otherwise. 9.2 Article and Section headings in this Agreement shall not be used in construing this Agreement. 9.3 This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same document. 9.4 If any provisions of this Agreement shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder this Agreement shall not be affected thereby, and every other term and provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 9.5 In the event that any Party is rendered unable, wholly or in part, to perform any of its obligations under this Agreement (by reason of act of God, failure or national moratorium of operation of the banks, transfer agents, brokers, stock exchanges or modes of transportation; or work stoppages or restrain by court order or other public authority; or action or inaction concerning governmental or regulatory authorizations; or transportation delay, or death or personal injury to a representative of a Party whose signature is necessary), upon the provision of written notice that fully relates the particulars of the claimed force majeure, including, but not limited to, the dates on which it commenced and ceased or is expected to cease by the Party Page 7 claiming force majeure to the other Party as soon as is reasonably practicable after the occurrence of the cause relied upon, the obligations of the Party claiming force majeure, to the extent they are affected by the force maj eure, shall be suspended during the continuance of any inability of performance so caused. This Agreement shall not be terminated by reason of any such cause but shall remain in full force and effect. Any Party rendered unable to fulfill any of its obligations under this Agreement by reason of force majeure shall exercise the utmost diligence to remove such inability. The suspension of obligations of a Party to this Agreement pursuant to this Section 9.5 shall be added to the time specified in other provisions of this Agreement for the purpose of calculating the date on which certain conditions of this Agreement are to be satisfied. 9.6 Each Party hereby agrees that it will take all actions necessary to fully carry out the purposes and intent of this Agreement and reasonably cooperate with each other Party in doing so. 9.7 All notices, demands or other communications given in connection with or required under this Agreement must be in writing and delivered to the person to whom it is directed; notices, demands or other communications not given in the manner set forth in this Section 9.9 shall be void and of no effect. Notices, demands or other communications may be given by hand delivery, delivery service, email, or by telecopy. Any notice, demand or other communication given by certified mail, return receipt requested, shall be deemed to have been given and received three (3) days after deposit thereof (with proper postage affixed and addressed to the party to be notified as provided herein) with a post office or other depository under the care or custody of the United States Postal Service. Any notice, demand or other communication given by means other than certified mail, return receipt requested, shall be deemed to have been given and received when actually delivered to the below stated address of the party to whom it is addressed. All notices, demands and other communications shall be given to the parties hereto at the following addresses: To City: City of Wylie, Texas 300 Country Club Rd Wylie, TX 75098 Attention: Mindy Manson Email: mindy.manson@wylietexas.go To SUD: Wylie Northeast Special Utility District P.O. Box 1029 745 Parker Road Wylie, Texas 75098 Email: chester@wylienortheastwater.com Page 8 Any Party entitled to receive notices hereunder may change the address for notice specified above by giving the other parties entitled to receive notices hereunder ten (10) days' advance written notice of such change of address. 9.8 This Agreement may be assigned by a Party only with the prior written consent of the other Parties, which consent shall not be unreasonably withheld or delayed. The other Parties may require any proposed assignee to execute a document evidencing the responsibility of assumption by the assignee of the obligations assigned under this Agreement. 9.9 This Agreement shall inure only to the benefit of the Parties hereto, their heirs, successors and assigns and third persons not privy hereto shall not, in any form or manner, be considered third-party beneficiaries of this Agreement. 9.10 The Parties agree and acknowledge that this Agreement does not create a joint venture, partnership, or joint enterprise, that each party is not an agent of the other entity, and that each Party is responsible for its own acts and omissions in conjunction with performance of this Agreement, and without waiving any rights or defenses under the laws of the State of Texas. 9.11 This Agreement shall be governed by the laws of the State of Texas. 9.12 In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the state and federal courts located in Collin County, Texas, and each of the Parties hereto consents to the exclusive jurisdiction of such courts. 9.13 The following Exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A— Illustration of City WW Transmission Main POE connection with the NTMWD Muddy Creek System Exhibit B — Illustration of anticipated WW main (portion of long term and balance of interim) transferring wastewater from Inspiration (WCID #3) to POE with City System Executed to be effective as of the Effective Date: Page 9 THIS AGREEMENT REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE in a Regular meeting on the day of , 2015 with authorization for the City Manager and City Secretary to execute the agreement on behalf of the City of Wylie. CITY OF WYLIE, TEXAS , City Secretary Mindy Manson, City Manager THIS AGREEMENT REVIEWED AND APPROVED BY THE BOARD OF DIRECTORS OF THE WYLIE NORTHEAST SPECIAL UTILITY DISTRICT in a Regular meeting on the day of , 2015 with authorization for the President and Board Secretary to execute the agreement on behalf of the Wylie Northeast Special Utility District. WYLIE NORTHEAST SPECIAL UTILITY DISTRICT Brenda Kellow, Secretary Jimmy C. Beach, President Page 10 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared MINDY MANSON, in her capacity as City Manager of the CITY OF WYLIE, TEXAS, a Texas Home Rule Municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she has executed the same on behalf of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 2015. Notary Public, Collin County, Texas My commission expires Page 11 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared JIMMY C. BEACH, in his capacity as PRESIDENT of the WYLIE NORTHEAST SPECIAL UTILITY DISTRICT, a Texas Special Utility District, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on behalf of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 2015. Notary Public, Collin County, Texas My commission expires Page 12 r a° u , nrLr_ / „'u011�mIIIIIVIIIIUIIIDIII� _ / ___�_ ' -- -`- CJ) . ..... .... 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Vrnterceptor MUDDY CREEK EX.54"St.. TRANSMISSION SYSTEM ? EXHIBIT A .„j\ \_- __, ________ _- , _, L _ ______ _ _ -\ j_ t- I . _ J PROPOSED ifs WASTEWATER w PROPOSED PUMP STATION U I I I I o I- WASTEWATER C U FORCE MAIN m U coN ( a. — Parker Rd —M __ �_ N „l r� 1 PROPOSED0 6c. I Imil _ — MANHOLE(TYP) I____Lii \ Iii rPROPOSEDINTERIM 0 — — II — — 0WASTEWATER II GRAVITY MAIN — — — — — L Vakewa Dr I — — — — ' 1111 - INTERIMTOTHE P CITYOINTOF OF ENTRY III — — — WYLIE I , CITY OF WYLIE _ WASTEWATER SYSTEM EXIST MANHOLE — = ,,1 l I I I I I I ral I _ 1 il ' ' . k ' - ' I IIr_, CITY OF WYLIE '� ', ,, — — I \ EXISTING ,, , .. r _ 'I WASTEWATER 41110 PROPOSED WYLIE NE SUD SYSTEM ♦',, WNESUD FORCE MAIN WASTEWATER LINE & 410*• IWNESUDGRAVITYMAIN - INTERIM POINT OF ENTRY TOiErnCITY OF YLIE GRAVITY MAIN CITY OF WYLIE SYSTEM ,,,,, W �\ �I'111 11111 EXHIBIT 'B' Inspiration projected Flow to Interim Muddy Creek connection via City of Wylie Projected Flow/ day updated 10-1-15 tot gal flow Time occupied people total WW flow per day at Period units /unit occupancy /capita end of perioid at Oct 1, 2015 7 2.75 19.25 115 2213.75 balance of 2015 30 2.75 82.5 115 9487.5 3 months 10-1 thru 12-31 Jan thru Dec, 2016 160 2.75 440 115 50600 12 months Jan thur Dec 2017 180 2.75 495 115 56925 12 months Jan thru June, 2018 95 2.75 261.25 115 30043.75 6 months total projected Flow at end of 30 month period ending December 31, 2017 at end of 33 month 472 2.75 1298 115 149,270 interim period MGD at end of period Note: 1. Occupied units per period could be off by as much as 20%in any period, but the reception the proje experienced in early review indicates even with slow initial activity,the projection for the 30 to 33 n are likely to be realized. Therefore, at the June, 2018,the average day flow from Inspiration/Wylie projected to be in the range of 0.147 MGD;with a 10%eror factor,the total MGD would be in the 0. 2. peak day flow is projeted at 2 x the average day flow due to the quality of new construction and a v systen 3. Peak hour flow is projected at 2.75 times the average hour flow. Inter-Local Agreement Cummulative Peak day peak hr flow flow/day at Flow at 2.75 X end of period at 2.00X ave hour 2213.75 4427.5 253.66 11,701 23402.5 1340.77 62,301 124602.5 7138.68 119,226 238452.5 13661.34 149,270 298540.0 17103.85 149,270 298540.0 17103.85 0.149 ,ct has nonths a NE SUD is 162 MGD range. 'ery tight