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01-13-2009 (City Council) Agenda Packet Wylie City Council CI_41 TY OF NOTICE OF MEETING Regular Meeting Agenda January 13, 2009 —7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tem David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter 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: vvww.vvylieteYasy within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation overview of the Public Safety Communications System Assessment for the Cities of Plano,Allen, and Wylie. (R. Corbin, Fire Chief/RCC Consultant) January 13,2009 Wylie City Council Regular Meeting Agenda Page 2 of 5 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. 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 from the December 9, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) C. Consider, and act upon, Ordinance No. 2009-01 amending the zoning from Multi- Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. ZC 2008- 10 (R. 011ie, Planning Director) D. Consider, and act upon, Ordinance No. 2009-02 amending the zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC 2008-11 (R. 011ie, Planning Director) E. Consider, and act upon approval and fmal acceptance of the 12-inch water line along FM 1378 from Lakefield Drive to Brown Street and authorize final payment to Tri-Con Services Inc, in the amount of $8,262.47, and accept the project as complete. (C. Holsted, City Engineer) F. Consider, and act upon, authorizing the City Manager to execute and award a contract with Erecycler, LLC for recycling services related to Wylie's Cleanup Greenup residential electronic recycling program. (M. Sferra, Public Services Director) G. Consider, and act upon, a Replat for First Church of the Nazarene, Block A, Lot 1. Subject property located south of State Highway 78 and 1,530 feet east of Kreymer Lane. (R. 011ie, Planning Director) REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance 2001-48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article January 13,2009 Wylie City Council Regular Meeting Agenda Page 3 of 5 10, Section 10.2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity generating appliances. ZC 2008-12 (R. 011ie, Planning Director) Executive Summary In an effort to provide for alternative renewable energy, staff is proposing wind powered sources as a means of providing alternative energy sources to the residents within Wylie, and to allow safe, effective and efficient use of such systems. A wind turbine, as they are sometimes called, is a machine designed to convert kinetic energy in the wind to mechanical or electrical energy, for the primary purpose of on-site use and not for resale or transmission off-site. The proposed amendment would allow wind turbines in all districts based on specific regulations and would be classified as an accessory structure, meaning they may only be erected where an already existing primary use. 2. Conduct a Public Hearing for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23, Collin County,Texas, generally located south of Martin Drive and east of South Ballard Ave. (R. 011ie, Planning Director) Executive Summary This annexation is at the request of the property owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave within the Extraterritorial Jurisdiction(ETJ)of Wylie. Before a municipality may begin annexation proceedings,the governing body of the municipality must conduct two(2)public hearings in which persons interested in the annexation are given the opportunity to be heard. General Business 3. Consider, and act upon, authorizing the City Manager to negotiate an agreement for Wylie's Public Safety Communications System, including the installation of infrastructure to support the system. (R. Corbin, Fire Chief) Executive Summary RCC collected current information of the existing radio systems that serve the cities of Plano, Allen, and Wylie. RCC conducted several on-site user interview sessions to determine the two-way radio requirements that must be met any new or upgraded system that will serve the participating agencies in Plano,Allen,and Wylie. RCC developed conceptual system alternatives for the replacement of the current systems. 4. Consider, and act upon, Ordinance No. 2009-03 establishing the maximum speed limits on FM1378 (Country Club) proceeding from FM 544 to FM 2514 (Parker Road), providing for notification of the maximum speed limit by the installation of signs and markers to regulate vehicular speed on the designated street; providing for a penalty for the violation of this ordinance; providing for an effective date and providing for the publication of the caption hereof. (C. Holsted, City Engineer) Executive Summary The Texas Department of Transportation(TxDOT)released ownership and control of FM 1378 to the City of Wylie on October 30, 2008. In 2006, TxDOT completed a speed zone study which recommended the speed limit for some portions of the roadway be posted at 50 miles per hour. In response to the TxDOT study, Lee Engineering completed a study in October 2006 which recommended the speed limit be posted at 45 mph due to the lack of shoulders and high driveway density. Approval of the attached ordinance will establish the prima facie speed limit for FM 1378 at 45 mph. January 13,2009 Wylie City Council Regular Meeting Agenda Page 4 of 5 5. Consider, and act upon, authorizing the Mayor to execute the Woodbridge Parkway/Hooper Road Paving Agreement between Woodbridge North I, Ltd., the Wylie Independent School District and the City of Wylie. (C. Hoisted, City Engineer) Executive Summary On July 10, 2007,Council approved an Interlocal Cooperation Agreement between the City and the Wylie Independent School District (WISD). The agreement specifies that WISD will construct Hensley Lane from Raymond Cooper Junior High School to the City of Wylie Public Service Center. After the execution of the agreement, it was brought to the City's attention that the Real Estate Purchase Agreement executed between Woodbridge North I, Ltd. (WBNI) and WISD specifies that WISD is required to pay for the construction of two of the four lanes of the Hooper Road/Woodbridge Parkway improvements adjacent to the school site. 6. Consider, and act upon, authorizing the City Manager to execute a Development Agreement between the City of Wylie and Herzog Development for reimbursement of the construction of a 12-inch water line. (C. Hoisted, City Engineer) Executive Summary On June 27, 2006 Council approved a development agreement with Herzog Development for the construction of an offsite 12-inch water line. The water line was necessary to loop the water system in the Woodbridge development with the City's system located in Alanis Drive. In August, 2004 the City received approval from TCEQ for the installation of a water line on the east side of the landfill which was necessary to provide water service to the first phase of the Woodbridge development. Because of the previous approval from TCEQ the new water line was designed to be located adjacent to the west property line of the closed landfill. The design was submitted to TCEQ for approval and due to recent rule changes, it was not possible to install the water line within the landfill boundary. 7. Consider, and act upon, award of a contract to 2L Construction LLC, in the amount of $183,211.00, for the construction of a 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits. (C. Hoisted, City Engineer) Executive Summary On December 3, 2008, eight bids were opened for the construction of a 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits. The water line extends from Anchor Drive along Spinnaker Way to Coral Reef Lane and provides additional water capacity to portions of Newport Harbor and Birmingham Farms. Power to the Newport Harbor Pump Station is currently provided by overhead power lines that run along the north side of the alley north of Anchor Drive as shown on the attached display. To provide sufficient working room to construct the future two million gallon ground storage tank, the electrical service must be relocated underground including a pad mounted transformer. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Discussion on implementation of a sidewalk program through the Neighborhood A.C.T.I.O.N. Plan. (R. 011ie, Planning Director) RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. January 13,2009 Wylie City Council Regular Meeting Agenda Page 5 of 5 EXECUTIVE SESSIONS Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: SS 551.074 Personnel Matters; Closed Meeting • To deliberate the Evaluation of the City Manager SS 551.072 Deliberation Regarding Real Property • Discussion of the Twin Lakes sewer line easement compensation RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 6`h day of January, 2009 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: lvww.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: Presentation Department: Fire (City Secretary's Use Only) Prepared By: Noe Flores Account Code: Date Prepared: December 15, 2008 Budgeted Amount: Exhibits: Subject Overview of the Public Safety Communications System Assessment for the Cities of Plano, Allen, and Wylie. Recommendation Discussion The purpose of the presentation is to provide information on the report submitted by RCC consultants. The report is an assessment of the two-way radio communication systems that serve the public safety departments and other entities that operate within the cities of Plano, Allen, and Wylie. The report addresses the improvement of interoperable communications for the area, which results because of the implementation of a new standards-based network. RCC collected current information of the existing radio systems that serve the cities of Plano, Allen, and Wylie. RCC conducted several on-site user interview sessions to determine the two-way radio requirements that must be met any new or upgraded system that will serve the participating agencies in Plano, Allen, and Wylie. RCC developed conceptual system alternatives for the replacement of the current systems. As a result of the previous tasks RCC will present the findings and provide a recommendation in the way of an area wide system solution. Approved By Initial Date Department Director RC 1/8/09 City Manager /7 I \ $) Page 1 of 1 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, December 9, 2008 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:01 p.m. with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Rick White and Councilman Carter Porter. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; WEDC Executive Director, Sam Satterwhite; Building Director, Mike McAnnally; Library Director, Rachel Orozco; Fire Chief, Randy Corbin; Police Chief, John Duscio; Public Services Director, Mike Sferra; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Chad Womack, Youth Pastor for the Wylie First Baptist Church gave the invocation and Cub Scout Pack 1049-Den 1 presented the colors and Boy Scout Pack 301-Dens 1, 2, 3, and 4 led the pledge of allegiance. Scouts present included: Pack 301- Eric Balser, Lucus Eppler, Brennen Osborne, Joseph Eppler, Alan Huddy, Matthew Gonzales, Josh Hicks, Ben Folsom, Ryan Lemonds, Jacob Kriegar, Tyrus Grover, and Joseph Anderson. Pack Leaders included: Laura Eppler and Carrie Hicks. Pack 1049 Scouts present were Austin Byboth, Dan Barnhart, Jordan Schwarz, Gavin Pugh, Cailin Stewart, Patrick Fogarty, and Caleb Benson. Pack 1049 leader was Brenda Byboth. PRESENTATIONS • Presentation to 21 Six Weeks Star Students — Character Trait of "Respect." (E. Hogue, Mayor/Council) Mayor Hogue and Mayor Pro Tem Byboth presented medallions to students demonstrating the character trait of "Respect." Each six weeks one student from each WISD campus is chosen as the "star student." Minutes— December 9, 2008 Wylie City Council Page 1 REGULAR AGENDA General Business 1. Consider, and act upon, Resolution No. 2008-46a(R) adopting an official City of Wylie Seal depicting Wylie's rich history of its founding on the Gulf, Colorado and Santa Fe Railway, and incorporation in 1887. (C. Kelly, PIO) Staff Comments Public Information Officer Kelly addressed Council stating that the City Seal is affixed to all permanent documents such as Ordinances, Resolutions, and Minutes. The seal is also affixed to all proclamations, contracts, and other legal documents distributed to other jurisdictions and governmental entities, including interlocal agreements. He explained that the seal is the legal symbol that documents have been executed by the Mayor or City Manager and made part of the attesting by the City Secretary. In addition, the City Seal can be put on display in the Council Chamber, lobby or other formal setting. He noted that The City Seal should be classic and stand the test of time; a seal should have longevity, rarely, if ever changed. Based on research and inspection of older documents, the City has never had a custom seal created. The generic look has flipped flopped between the standard Texas Star to our current look that simply says"Seal." The new design focuses on the rich history of Wylie and its incorporation in 1887. Wylie was organized in the early 1870s and originally called Nickelville, reportedly after the name of the first store. In 1886 the Gulf, Colorado and Santa Fe Railway laid tracks a half mile north of the original town site. That same year Nickelville moved to take advantage of the railroad and named their new location Wylie, in honor of W. D. Wylie, a right-of-way agent for the railroad. In fact, the Document of Incorporation lists the railway as one of the town's boundaries. In 1887 a second railway, The St. Louis, Arkansas and Texas, passed through Wylie, later to be named the St. Louis Southwestern in 1891. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tern Byboth to approve Resolution No. 2008-46a(R) adopting an official City of Wylie Seal depicting Wylie's rich history of its founding on the Gulf, Colorado and Santa Fe Railway, and incorporation in 1887. A vote was taken and the motion passed 7-0. Presentation Mayor Hogue and the Wylie City Council affixed the first seal to Resolution No. 2008-46a(R). CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. 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. Jennifer Dunlap, residing at 906 Glen Lakes Court, Wylie, Texas, addressed Council thanking them for providing a no parking or standing ordinance at the last Wylie City Council meeting. She stated that on behalf of the residents on Glen Lakes Court, she thanked the Council for allowing the children a much safer place to play in the neighborhood before and after school. Minutes— December 9, 2008 Wylie City Council Page 2 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 from the November 11, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2008-47a(R) authorizing the Mayor to execute an amended Interlocal Agreement with the Town of St. Paul to provide Fire Protection Services for their city limits. (R. Corbin, Fire Chief) C. Consider, and act upon, Resolution No. 2008-48a(R) authorizing the City Manager to enter into an Interlocal Agreement with Collin County for the Collin County Project Funding Assistance Program for Founders Park. (M. Sferra, Public Services Director) D. Consider, and act upon, Ordinance No. 2008-50 amending Ordinance No. 2008-41 (2008-2009 Budget) and approving an appropriation of funds in the amount of $400,000 for the Park Acquisition and Improvement Fund for the Collin County Project Funding Assistance Program for Founders Park; add $400,000 to the County Park Grants Fund revenues to reflect reimbursements made by Collin County; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. Sferra, Public Services Director) E. Consider, and act upon, award of a bid, in the amount of$189,375.56, to J. Nichols Construction for park improvements at Olde City Park. (M. Sferra, Public Services Director) F. Consider, and act upon, a Final Plat for Wylie Lakes, Phase 2A creating 42 single family residential lots, generally located south of Skyview Drive and west of Spencer Lane. (R. 011ie, Planning Director) G. Consider, and act upon, a Final Plat for Wylie Lakes, Phase 2B creating 45 single family residential lots, generally located south of Skyview Drive and east of Spencer Lane. (R. 011ie, Planning Director) H. Consider, and act upon, a Final Plat creating six Light Industrial lots for Regency Business Park Phase III , generally located at the east end of Capital Street. (R. 011ie, Planning Director) I. Consider, and act upon, a Preliminary Plat for the Wylie Municipal Complex generally located at SH 1378 and Brown Street. (R. 011ie, Planning Director) J. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2008. (S. Satterwhite, Executive Director, WEDC) Minutes— December 9, 2008 Wylie City Council Page 3 K. Consider, and act upon, award of a contract, in the amount of $109,914.50 to Tri- Con Services, Inc. for the Douglas Drive Outfall Drainage Improvements. (C. Hoisted, City Engineer) Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tem Byboth to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. RECESS CITY COUNCIL Mayor Hogue recessed the Wylie City Council meeting at 6:22 p.m. Parks and Recreation Facilities 4B Development Corporation Interim Chair Hogue opened the Parks & Recreation Facilities Development Corporation meeting at 6:23 p.m. Parks & Recreation 4B board members present were: Councilman Eric Hogue, Councilman David Goss, Councilman Merrill Young, Councilman Rick White, and Parks board member Anne Hiney. 4B board members Dan Chestnut and Shirley Burnett were absent. CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 1. Consider, and act upon, approval of the Minutes of the September 9, 2008 Regular meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) Parks & Recreation 4B Board Action A motion was made by board member Hiney, seconded by board member White to approve the minutes from the September 9, 2008 Parks & Recreation Facilities Development Corporation (4B). A vote was taken and passed 5-0 with board members Chestnut and Burnett absent. 2. Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and to appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2009 and ending December 31,2010. (C. Ehrlich, City Secretary) Parks & Recreation 4B Board Action A motion was made by board member White, seconded by board member Young to appoint 4B board member Hogue as Chair, board member Hiney as Vice Chair, Mindy Manson as President, Jeff Butters as Vice President, Carole Ehrlich as Secretary, and Melissa Beard as Treasurer of the Parks & Recreation Facilities Development Corporation (4B) for a term beginning January 1, 2009 and ending December 31, 2010. A vote was taken and passed 5-0 with board members Chestnut and Burnett absent. Minutes— December 9, 2008 Wylie City Council Page 4 ADJOURN Parks & Recreation 4B Board Action A motion was made by board member White, seconded by board member Hiney to adjourn the meeting of the Parks & Recreation Facilities 4B Board at 6:30 p.m. A vote was taken and passed 5-0 with board members Chestnut and Burnet absent. RECONVENE INTO REGULAR SESSION OF THE WYLIE CITY COUNCIL Mayor Hogue reconvened the Wylie City Council Regular Session at 6:31 p.m. All Council members were present. REGULAR AGENDA Public Hearings 2. Hold a Public Hearing and consider, and act upon, a change in zoning from Multi-Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. ZC2008-10 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. The applicant is requesting to rezone 1.1692 acres from Multi-Family (MF) to Light Industrial (LI) District in order to facilitate a new water storage tank. Water tanks are only allowed in LI and HI districts, and not MF, and as the current ordinance does not allow expansion of a legally non-conforming use rezoning is required. The property currently contains an existing 500,000 gallon water storage tank. She explained that the existing tank is sixteen (16) feet in height. With growth throughout the city, it has become necessary to add a larger capacity tank at this facility. The proposed tank is a 2 million gallon concrete ground storage tank and will be 36 feet it height when completed. Ms. 011ie reported that the new tank will serve those residents whose water system is serviced by the City of Wylie. The residents within the Cascades Addition are served by Wylie Northeast Water Utility District and not the City of Wylie. She noted that the property has never been platted and the attached zoning exhibit will serve as the preliminary plat. A Final Plat will be completed before construction begins if the zoning change is approved and will come back to Council. Planning Director 011ie reported that the P&Z Commissioners discussed possible noise factors and maintenance with the proposed modifications to the tanks. Staff stated that the storage tanks will have exhaust fans that dissipate the heat within the tanks. During the summer months, these fans will come on more. The City Engineer will research other methods that will aid in reducing noise from the fans. In addition, staff will verify with Public Works that the property is maintained and mowed as required. She reported that public comment forms were mailed to 40 property owners within 200 feet of this request, as required by State Law. Six responses have been received at the time of this posting, all against the proposed re-zoning. One verbal response in favor of the request was given at the P&Z meeting and at the Council meeting held on November 11th from a resident outside the 200' notification area. Minutes— December 9, 2008 Wylie City Council Page 5 Consultant/Council Discussion Mr. Joe Carter representing Burkhoff, Hendricks, and Conway, LLP addressed Council stating that the firm had reviewed the potential site and determined that the tank depth could not be lowered on order to lower the profile of the tank; he commented that lowering and burying the tank 12 feet would interfere with the pump station operations. To replace the pumps to allow the lowering of the profile, would be somewhere around $2.3 million dollars. He reported that in reviewing other sites for the new elevated tank, the issue was still costly due to a new pump station and new tank installation being required in addition to the acquisition of land to place the new pump station and tank. Water lines to this existing tank and pump station are in place; if a new site was chosen new water lines would more than likely be required. He noted that it would be hard to definitively estimate the cost for establishing a new site. Mr. Carter reported there were architectural treatments that could be added to the outside of the tank for very low costs that would lessen the view from the neighboring properties. Councilwoman Spillyards asked Mr. Carter what some of the treatments consisted of. Mr. Carter replied there were treatments that would give the tank a stone or adobe texture, trees could be planted that would in time hide the view of the tanks and murals could be painted on the tank. Councilwoman Spillyards asked Mr. Carter how the noise from the tanks could be controlled. Mr. Carter replied that fans could be replaced which would buffer the sound. Councilman Young stated that it was his understanding that an underground tank had no bearing on water pressure. Mr. Carter replied that burying the tank did not have any bearing on water pressure; however, with the growing population and the additional demand at the Newport Harbor system, there was no reserve capacity available with the existing tank. The additional tank would allow approximately six hours of storage, in addition to the overhead storage tank. Councilman Young asked with the additional storage this tank would provide, how far out the tank adequately would provide service. Mr. Carter reported that with the additional tank, the capacity should serve another seven years. He reported that an additional one million gallon tank was planned in the future. Public Hearing Mayor Hogue opened the public hearing for Zoning Case #2008-10 at 6:46 p.m. asking anyone present wishing to address Council to come forward state their name and address and keep their comments to three minutes. Linda Waits, residing at 1302 Rain Tree Drive, Wylie, Texas, spoke in opposition to the approval of ZC 2008-10. Frederic Sender, residing at 1301 Rain Tree Drive, Wylie, Texas, spoke in opposition to the approval of ZC 2008-10. Eric Smith, residing at 3410 Melvin Drive, Wylie, Texas, spoke regarding the addition of architectural treatments that could be added to the proposed tank. With no other residents wishing to address Council, Mayor Hogue closed the public hearing for Zoning Case#2008-10 at 7:18 p.m. Council Discussion Mayor Hogue asked Planning Director 011ie if due to the unanimous vote to approve this zoning change by the Planning and Zoning Commission would it take a super majority (6 out of 7) votes by the City Council to deny this request. Planning Director 011ie replied that was correct. Mayor Pro Tern Byboth asked if architectural treatments could be included and where the funding would come from. City Manager Manson reported that the actual approval of the tank would come back in another action item in a future agenda. At that time funding issues for the architectural treatments could be addressed and include proposed funding. She explained that the item presented tonight was to change the zoning to allow the existing tank to be legally conforming. Minutes— December 9, 2008 Wylie City Council Page 6 Council Action A motion was made by Councilman Goss, seconded by Councilman Young to deny Zoning Case No. 2008-10 a change in zoning from Multi-Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. A vote was taken and failed 3-4 with Councilman Goss, Councilwoman Spillyards, and Councilman Young voting for denial and Mayor Hogue, Mayor Pro Tem Byboth, Councilman Porter, and Councilman White voting against denial. Further Council Discussion Councilman Goss stated that the additional twenty feet was a lot. He stated that the property had never been plated and therefore the city was not in violation. Planning Director 011ie reported that it was her recommendation that the zoning be approved to allow the existing tank to be legally conforming. She reported that currently the zoning for this structure was a legally non-conforming structure which required the proposed zoning to become compliant. Councilman Porter stated that it would be endangering the citizens of Wylie to not have available water distribution for all citizens. The City needs the water and if funding is not available to place this tank in another location, our responsibility is to the entire City not just a few residents. City Manager Manson stated that if this zoning change was not approved and the additional tank could not be constructed, staff would need to re-address the long term Capital Improvement Plan. Fire Chief Corbin commented that this is long range planning and the day we run out of water we are behind the eight ball. There is not a lot of latitude in the location that the City can place these water tanks. Councilman Young asked Chief Corbin about the ISO rating. Chief Corbin stated that the good ISO rating was dependent upon the reserves of water capacity along with other requirements. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve Zoning Case No. 2008-10 approving a change in zoning from Multi-Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. A vote was taken and passed 6-1 with Mayor Hogue, Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman White, and Councilman Porter voting for and Councilman Goss voting against approval. 3. Hold a Public Hearing and consider, and act upon, a change in zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC2008-11 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is located south of Brown Street and west of Westgate Way adjacent to Westgate Phase I. The applicant is requesting to rezone 0.9027 acres from Agricultural District (AG/30) to Light Industrial (LI) District in order to facilitate a new water storage tank. Water tanks are only allowed in LI and HI districts, and not AG/30, and as the current ordinance does not allow expansion of a legally non-conforming use re-zoning is required. The property currently contains an existing 900,000 gallon water storage tank sixteen (16) feet in height. Planning Director 011ie reported that the Planning and Zoning Commission voted unanimously in approval for this Minutes— December 9, 2008 Wylie City Council Page 7 zoning change. Mayor Pro Tem Byboth asked Planning Director 011ie if anyone was present to address this item during the Planning Commission meeting. Planning Director 011ie replied that there were no citizens present wishing to address the Commission on this item. Public Hearing Mayor Hogue opened the public hearing for Zoning Case #2008-11 at 7:15 p.m. asking anyone present wishing to address Council to come forward, state their name and address and keep their comments to three minutes. Andrea Linear stated that she lived at the entrance to Town Gate and had some concerns about entering and exiting the area when construction was underway. She asked staff to allow for another entrance and exit to the development during the construction phase. She stated that she was out of town during the Planning and Zoning Commission discussion on this item. Engineering Consultant Joe Carter addressed the concerns by stating that the tank will be set back to allow more room and Council could direct construction during times when traffic was less congested. He stated that he is also reviewing the possibility for an additional entrance/exit. With no other residents wishing to address Council, Mayor Hogue closed the public hearing (ZC 2008-11) at 7:18 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilman Goss to approve a change in zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC 2008-11. A vote was taken and the motion passed 7-0. General Business 4. Consider, and act upon, approval of the location and design of the proposed kiosk signs in accordance with Ordinance 2008-33, Section 9.E. (R..011ie,Planning Director) Staff Comments Planning Director 011ie addressed Council stating that with the adoption of Sign Ordinance No. 2008-33, replacing and repealing Sign Ordinance No. 2003-14, Council has moved forward in providing for homebuyers and citizens directions to the location of housing developments, homebuilders, public facilities, and community events within the City of Wylie while discouraging the placement of unsightly and hazardous off-site directional signs. She stated that several options for color were included in the packets and asked Council to determine the option sign and color within the motion for this item. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to approve the location and design of the proposed kiosk signs as presented in accordance with Ordinance 2008-33 and designate version #5 (white with blue print) and include City information on the top portion of each kiosk sign. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, adopting Ordinance No. 2008-51 and authorizing the Mayor to execute the Interlocal Boundary and ETJ Contract, with Attachments 1 through 5, by and between the City of Lavon, a general law municipality located in Minutes— December 9, 2008 Wylie City Council Page 8 Collin County, Texas; the City of Nevada, a general law municipality located in Collin County, Texas; the City of Wylie, a home rule municipality located in Collin, Dallas, and Rockwall Counties, Texas; the City of Rockwall, a home rule municipality located in Rockwall County, Texas; and the City of Garland, a home rule municipality located in Dallas and Collin Counties, Texas. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the City of Garland owns its own power plant on Lake Lavon, located next to Little Ridge Park. Many years ago Garland annexed a 10 foot strip along its power lines running from the power plant all the way to the City of Garland. The Garland strip has inhibited expansion of Wylie, Rockwall, Lavon, and Nevada because we cannot legally annex into or across Garland City limits. Garland indicated that they would be open to dis-annexing the strip if all cities with a boundary interest would agree, in advance, as to which City received what land, and further would agree not to annex the Garland Power Plant and leave a buffer around the plant. He reported that Lavon was researching a possible development within the areas in question and could not move forward until some resolution was made as to boundaries. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to approve Ordinance No. 2008-51 and authorizing the Mayor to execute the Interlocal Boundary and ETJ Contract with Attachments 1 through 5, by and between the City of Lavon, the City of Nevada, The City of Rockwall, the City of Garland, and the City of Wylie. A vote was taken and passed 7- 0. 6. Consider, and act upon, approval of the Revised Meeting Room Policy for the City of Wylie Rita and Truett Smith Public Library. (R. Orozco, Library Director) Staff Comments Library Director Orozco addressed Council stating that the current Meeting Room Policy has been utilized since 2001. The meeting room is a popular place at the library. The Meeting Room Policy has been revised to become more clearly defined and to allow more citizen usage. She reported that the changes included: • Standing reservations have been limited due to the popularity of the meeting room use. • The application is more detailed and includes information needed to approve the request. • Does not allow selling products, accepting donations, or charging admission. She reported that the revised Meeting Room Policy for the Rita and Truett Smith Public Library has been approved by the City Attorney and the Library Advisory Board. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to approve the Revised Meeting Room Policy for the City of Wylie Rita and Truett Smith Public Library. A vote was taken and the motion passed 7-0. 7. Consider, and act upon, the appointment of three alternates to the City of Wylie Construction Code Board per Ordinance No. 2008-49. (M. McAnnally, Building Official) Minutes— December 9, 2008 Wylie City Council Page 9 Staff Comments Building Inspector McAnnally addressed Council stating that as per requirements within the recently adopted Ordinance No. 2008-49, the Building Department is requesting the addition of three alternates to the Construction Code Board. These three positions have been created to satisfy the revised Section 22.24 that creates these positions and requires that the "alternate members shall be taxpaying residents of the City." Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to appoint Kevin Thompson, Cyndee Combest, and Brian Huddleston as the new Construction Code Board alternates. A vote was taken and the motion passed 7-0. 8. Consider, and act upon, acceptance of the resignation of Merrill Young from the Wylie Economic Development Corporation and appoint a new Board Member to the Wylie Economic Development Corporation to fill the unexpired term of July 2008 to June 30,2011. (S. Satterwhite, Executive Director, WEDC) Staff Summary As per section 4.01 Board of Directors of the First Amended Bylaws of the Wylie Economic Development Corporation, the business and affairs of the Corporation and all corporate powers shall be exercised by or under the authority of the Board of Directors, appointed by the governing body of the City of Wylie. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to accept the resignation of WEDC board member Merrill Young and to appoint Todd Wintters to serve the unexpired term beginning July 2008 and ending June 30, 2010. A vote was taken and the motion passed 7-0. 9. Consider, and act upon, acceptance of the resignation of Warner Washington and appoint a new Board Member to the Public Arts Advisory Board to fill the unexpired term of July 2008 to June 30, 2010. (C. Ehrlich, City Secretary/PAAB Liaison) Staff Comments PAAB staff liaison Ehrlich addressed Council stating that Mr. Warner Washington has actively served on the Public Arts Advisory Board since the creation of the board. Mr. Washington submitted his resignation from the Public Arts Advisory Board effective immediately. The board thanks Mr. Washington for his loyal service to the board. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to accept the resignation of Warner Washington and appoint Alvaro Salinas Jr. to serve the unexpired term of July 2008 to June 30, 2010. A vote was taken and the motion passed 7-0. Minutes— December 9, 2008 Wylie City Council Page 10 READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No. 2008-50 and No. 2008-51 into the official records. WORK SESSION • Discussion of the cost review for the new Library, Recreation Center, and City Hall. (Council, Staff ARCHITEXAS, Architect/Holzman Moss, Architecture) Craig Melde representing ARCHITEXAS and representatives of Thomas S. Byrne were present to address Council with final bid submission for the construction of the new Wylie Civic Center. He reported that the costs with valued engineering taken into consideration under budget by $248,089. He proposed several value engineering omission that could possibly be added back in should the Council wished to do so. Direction from Council was to accept all VE alternatives with the exception of the following: ❑ Replacement of all end grain flooring in all three buildings with Oak end-grain flooring ❑ Reduce by eleven the quantity of type G ceiling (ACT clouds) in the Recreation Center Gym ❑ Substitute mechanically attached TPO System in lieu of the specified fully adhered system. Mayor Hogue closed the work session at 8:30 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 8:30 p.m. 10. Consider, and act upon, the final guaranteed maximum price for the Wylie Municipal Complex. (S. Colley, Construction Manager) Staff Comments Construction Manager Shane Colley addressed Council stating that the construction manager for the Wylie Municipal Complex, Thomas S. Byrne, has taken bids for each sub-contract portion of the project. They have evaluated those bids and have prepared a package representing the best value to the City. While the exact cost of the project is subject to change until Byrne completes the buy-out of all components, T.S. Byrne is presenting a Guaranteed Maximum Price for construction at this time. He reported that after direction from the Council during the work session portion of tonight's meeting the guaranteed maximum price proposed is $33,923,227.00. Minutes— December 9, 2008 Wylie City Council Page 11 Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve the final guaranteed maximum price in the amount of $33,923,227.00 for the construction of the Wylie Civic Center. A vote was taken and the motion passed 7-0. Mayor Hogue convened into Executive Session at 8:31 p.m. citing 551.071, consultation with Attorney for legal advice regarding the Application of the City of Wylie to amend the Certificates of Convenience and Necessity (CCN) No. 10186 and 20068 in Collin County, Texas Application Nos. 33435-C; SOAH Docket No. 582-08-3357, TCEQ Docket No. 2008-0847-UCR. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §551.071 Consultation with Attorney; Closed Meeting • Legal advice regarding the Application of the City of Wylie to Amend Certificates of Convenience and Necessity(CCN)No. 10186 and 20068 in Collin County, Texas, Application Nos. 33435-C; SOAH Docket No. 582-08-3357, TCEQ Docket No.2008-0847-UCR. Mayor Hogue reconvened into Regular Session at 9:00 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. There was no action taken as a result of Executive Session. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Councilman White to adjourn the meeting at 9:01 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes— December 9, 2008 Wylie City Council Page 12 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: B Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: N/A Budgeted in individual Date Prepared: January 5, 2009 Budgeted Amount: departments Resolution, Distribution and Exhibits: Cost Comparisons Subject Consider, and act upon, Resolution No. 2009-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. Recommendation Motion to approve Resolution No. 2009-01(R) establishing the Wylie News as the "Official Newspaper" of the City of Wylie; and further establishing the Dallas Morning News (Collin County and Metro East Sections) as the secondary paper for notices requiring specific legal requirements. Discussion Texas Local Government Code, §52.004 states that at the beginning of each fiscal year, municipalities must designate an official newspaper. This must be done as soon as practicable. The municipality shall contract with the newspaper designated by ordinance or resolution. There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. (a) Designating Official Newspaper. The publication must be a newspaper as defined by § 2051.044, Texas Government Code. The section defines the term newspaper as: § 2051.044, (a) (1) any newspaper devoting not less than 25% of its total column lineage to the carrying of items of general interest (2) published not less frequently than once each week, (3) entered as second class postal matter in the county where published (4) having been published regularly and continuously not less than twelve (12) months prior to the making of any publication... Page 1 of 2 Page 2 of 2 § 2051.044, (b) Publication of Notice in Newspaper. Where a law which requires or authorizes the publication of a notice in a newspaper by a municipality, and does not specify the manner of the publication, including the number of times that the notice is required to be published and the period during which the notice is required to be published, the above requirements (a) pertain; additionally, (b), (4) states that a municipality shall publish notices in a newspaper that is published in the municipality, and which meets the above requirements and will publish the notice at or below the legal rate. If no newspaper published in the municipality meets these requirements, then the municipality shall publish the notice in a newspaper that is published in the county in which the municipality is located and will charge the legal rate or a lower rate. GC §2051.048. Staff has attached publication rates for both the Wylie News and Dallas Morning News current for 2009. Some legal notices require that the notice be published in all counties within the incorporated city; in this case the city attorney's office has noted that it is best to publish these notices in the three county editions of the Dallas Morning News as well as the Wylie News. The City of Wylie Home Rule Charter additionally states in Article X1, Section 2; The City Council shall declare an official newspaper of general circulation in the city. All captions of ordinances, notices and other matters required to be published by this charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper. The Wylie News meets the criteria for official publication as provided by the statute and provides the most cost efficient legal notice fees. The Wylie News has been the official newspaper for the City for many years. Approved By Initial Date Department Director CE 1/5/09 City Manager A\,I\ ( -2/°1 RESOLUTION NO. 2009-01 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE. WHEREAS,Section 52.004,Local Government Code,requires the City Council of the City of Wylie,Texas("City Council")to determine,by ordinance or resolution,a public newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council finds that the Wylie News is a public newspaper of general circulation and: (1) devotes not less than 25%of its total column lineage to general interest items; (2) is published at least once a week; (3) is entered as 2nd class postal matter in the county where published; (4) has been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice; and WHEREAS,the City Council finds that the Wylie News is a publication that meets all of the criteria legally required of an officially designated newspaper for the City of Wylie; and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: (1) The Wylie News is designated as the official newspaper for the City of Wylie for Fiscal Year 2009, commencing January 1, 2009. (2) This Resolution is effective immediately upon passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, and this the 13th day of January 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution 2009-01(R) Establishing Official Newspaper 2009 PUBLICATION COST SUMMARY Dallas Morning News Wylie News January 2009 DALLAS MORNING NEWS (COLLIN COUNTY AND METRO EAST SECTION) Legal Notices (Ordinance Captions, Public Hearings P& Z) Zoned Edition Open(no contract) $2.55 per line/$15 liner-$20 display online With Contract($3,000/yr.) $1.60 per line/$15 liner-$20 display online (Based on 11 columns per page) Full Dallas Morning News Open $14.00 per line/$15 liner-$20 display online Full Dallas Morning News ($3,000/yr) $5.50 per line/$15 liner-$20 display online Classified Rates (Election Notices) Full DMN only $14.00 per line/$15 liner-$20 display online With Contract($3,000/yr.) $5.50 per line/$15 liner-$20 display online Display Rates (Budget/Tax Notices) Open $2,075.00 (1/4 page-Thurs area edition) $2,700.00 (1/4 page-Sunday areas edition) THE WYLIE NEWS Legal Notices (Ordinance Captions, Public Hearings P& Z) Open (no contracts available) $2.41 per line (display online included) Classified Rates (Election Notices) $14.00 per column inch (display online, based on 8 columns per page, included in price) Display Rates (Budget/Tax Notices) $14.23 per column inch (online not available) CIRCULATION WITHIN THE CITY Dallas Morning News (for zip code 75098) 2, 782 (Mon/Sat paper) 4,258 (avg. Circulation Sunday) The Wylie News (Wylie) 6,465 (The Wylie News) The Wylie News -Notices are published in the 9,613 (total circulations) Murphy/Sachse/Wylie editions Public notices are also included in Wylie News Online which has over 20,000 unique visitors per month. 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: C Planning (City Secretary's Use Only) Department: Prepared By: Renae 011ie Account Code: Date Prepared: December 11, 2008 Budgeted Amount: Exhibits: Three Subject Consider, and act upon, Ordinance No. 2009-01 amending the zoning from Multi-Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. ZC2008-10 Recommendation Motion to approve Ordinance No. 2009-01, amending the zoning from Multi-Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The request to rezone 1.1692 acres from Multi-Family (MF) to Light Industrial (LI) District will allow the City to construct a 2 million gallon water storage tank to better serve those residents whose water system is serviced by the City of Wylie. 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. Approved By Initial Date Department Director RO 12/11/08 City Manager t " /17w0 Page 1 of 1 ORDINANCE NO. 2009-01 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 2008-10, FROM MULTI- FAMILY (MF) DISTRICT TO LIGHT INDUSTRIAL (LI) DISTRICT TO ALLOW FOR A WATER STORAGE TANK; 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 Light Industrial (LI) District, said property being described in Exhibit "A" (Legal Description), and Exhibit "B" (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. 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 Ordinance No.2009-01 ZC 2008-10 Multi-Family to Light Industrial Anchor Dive and Spinnaker Way 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 January, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—January 21, 2009 Ordinance No. 2009-01 ZC 2008-10 Multi-Family to Light Industrial Anchor Dive and Spinnaker Way Exhibit"A" Legal Description Zone Case#2008-10 Being a tract of land located north of Anchor Drive in the Newport Harbor Subdivision and east of FM 1378 (Country Club Road), also being situated in the C. McUlmurry Survey, Abstract No. 629, Tract 10, City of Wylie, Collin County, Texas. 1 v \\ \ CASCADE CO. LLC VOL. 4607, PG. 1681 \\ \\<..s°'" \\\\\\ �\ CONTROL PONE 1 233 \ \ \\ E625�486.64 9 .034 \ _ �.. /' "� a= •• Y.Nf INF1Ei F \'16'.EA211. \\1\l'?*4 \* A- Y GROUND SWAGE Taa \\ \ y \;wG , \ \/ CONTROL PONT y 203 • V\\ � ���(600 NHL) a�OErsnoW \A W. E 2562030.8262 ,�B•WE ;. C \\'�9 \ \ I CP 203 1 EL:562.709 PPE STACK Y--' r,;... unExru Ca. \ , I i I LOW PRanE PAIR RLo�EASING \ \\ ROCK I' I \ \ \ CITY OF WYLIE >. \\\• \\ II VOL 2471, PG. 0001 4 • OLLIN ACRES \ �, '''' \ \ \\ IIII "8 COLIIN COUNTY uN spE \ \ �' o I \ _ i 5.5957 Nr -` \ \\\ \ x-ecetari, N. II \ I E\ \\\ \ \RRE MESH CtWN INN FENCE C.M. 40 0, �.' \EXIST.GRAVEL ERNE \ •\. p i W/BIRBm WIRE t07 - iS 7lCV \ �• \\ \ \ j OOP L�- ,-- _, IlP_ LONG NiM•— — -':gip —•GW —=,, _'—\ �\ \ I — —___ ' _—.� \\ �\ EXHIBIT tag„ d CONC.OR. II GOV LONC.•OR 'I W000 FENCE co_____-:,-*E-. \ Ii 6000 FENCE \\ \ 1 i \ \\ P N 14 �' \A PK NAIL N N.E.CORNER OF CONC. 362.0 f' '�' 1,\ \\ ALLEY APPROXIMATELY 6.6'SOWN OF SOLRN GATE \ N 7069318.5455,E 2562299.0769 \ Bev.558,2E87 ;;I CONC.OR. \� NEWPORT HARBOR NO. 1 •II f NEWPORT HARBOR NO. 3 \ I ADDRION BIOG. II ADDITION .,.d I \ aww.a .w�axN• i4 M M^.,b NI* *awl autheArate t �, I PRELIMINAn.,akw.a e°^"yx�,ynex. I x RyCITY OF WYLIE, TEXAS I FOR INTE; NEWPORTS HARBOR 2.0 MG ? {�GROUND STORAGE RESERVOIR III , , irfttr■n LNG SITE PLAN do CONTROL POINTS hi lv '{ 1—-'; .?��, 'I.R I ' . J4.OFF,HENDRICKS&CONWAY,L,L.P. �v I ` N 1 1 1 t ( rnNSEn7wc m+oRa[ERs • Nargin: PulP71.r` T 3.R.0 Nara 2006-123 sm xa ., • ,1�`• PROJECT mnra eT, NM Rrl DAMseptan6er,2008 3 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: D Planning (City Secretary's Use Only) Department: Prepared By: Renae 011ie Account Code: Date Prepared: December 11, 2008 Budgeted Amount: Exhibits: Three Subject Consider, and act upon, Ordinance No. 2009-02 amending the zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC2008-11 Recommendation Motion to approve Ordinance No. 2009-02, amending the zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The request to rezone 0.9027 acres from Agricultural District (AG/30) to Light Industrial (LI) District will allow the City to construct a 2 million gallon water storage tank to better serve those residents whose water system is serviced by the City of Wylie. 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. Approved By Initial Date Department Director RO 12/11/08 City Manager i'fl11\. i f-1 '0 Page 1 of 1 ORDINANCE NO. 2009-02 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 2008-11, FROM AGRICULTURAL DISTRICT (AG/30) TO LIGHT INDUSTRIAL (LI) DISTRICT TO ALLOW FOR A WATER STORAGE TANK; 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 Light Industrial (LI) District, said property being described in Exhibit "A" (Legal Description), and Exhibit "B" (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. 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 Ordinance No. 2009-02 ZC 2008-11 AG District(AG30)to Light Industrial(LI) South of Brown Street and West of Westgate Way 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 January, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—January 21, 2009 Ordinance No. 2009-02 ZC 2008-11 AG District(AG30)to Light Industrial(LI) South of Brown Street and West of Westgate Way Exhibit "A" Legal Description Zone Case#2008-11 Being a tract of land located south of Brown Street (FM 3412) and west of Westgate Way, also being situated in the E.C. Davidson Survey, Abstract No. 266, Tract 32, City of Wylie, Collin County, Texas. \\ \ \\\ \\ EXHIBIT F•BRR S BORINGS \ - '�— EXISTING \ \\ \\ \ NUMBER LOCATION D m w ELEVATION E.C. DAVIDSON SURVEY BORING 1 N 7057591.1035,E 2564573.1306 LIEY.539.45 AROTRACT NO.266 \ \\ \ \ HDRRarN SCALE IN FEET BORING 3 N 7057581.2013,E 15646616067 ELEV..540.29 PROP.EROSION CONTROL SILT N 7057820.4694 60 1 AAl➢H PNKUS TRACT VOL.836.PG.200 FENCE 720 LF. D.R.C.C.T. E 2564538.0767TH \\ \ BENCHMARK: "%"CUT IN CONC.ALLEY 135 FT.WEST N 452 1 '0.✓6 OF TOWNGATE DR.AND 5'EAST OF E 2564525.0029 —_ _ NORTEX SITE ENTRANCE. �� PROP.CHAIN \ PR Cnow LA PROP 18" W D. ElevN 5 9506 2.1377.E 2564705.6352 PROP. 18" LINK FENCE . rSUPPLY LINE 348 L.F. 'N* PROP.CHAIN ERSnNG CHAIN LK FENCE I UM FENCE PL SO 50 L.F. NW1/\ 6.IBII LIL —. • PROP.CHAIN ' '.� \ __� \ \ I— I�KLfY�NCf PROPOSED�,rp ♦m' CONCRETE fO51RE014' �w ,�/._ \''Tn \\ \NO.1 \` it-upIRARY I /•6RNE SIPRY WE F[NLE /YN C.P.f43 60e NM. 91 E 6H \ 0� =H \\ \ IO PUMP - 5N 4 STATION PROPOSED 1.5 M.G. 11� b EXPANSION - \ H EXISTING \ \\ \ I 3° --GROUND STORAGE-- I. PUMP * RESER _ ° _• _ o0sn90 917,500 GAL PUMP sH . FINISHED FLOOR OILI/N UNE VOL 2001 PC.EJ4 GROUND RESERIOR STORAGE �H N v ELEK 55183 o D.R.0 C.T. RESERVOIR ELEV. S ` \\ \\ \ CONTRACTOR SHALL RESET NAM • N 705755J.0586 /�4\ PROP.6 9,40 C.P.222 • \\ \ STURBED BY ONSTRUCTI MONUMENT ION pACRVRES. PROP.6" E 2564611.7252 •y RE/NF p PERFGPATfO �J ATEERFCO UME 'I 3 PERIMETER PRCw?4' LONSIRULT 30 L.F. DRAIN LINE OVERFLOW LINf N CONC.CURB SEE EIOSING 4a' 1_ el WuxH ) DETAN SHEET 14 UCDON)L I� COMING 2\ \\SH fff jl ( 7 I� 2584702. \ E 2564704.8889 • I ; EMT.2C 0.C.CP. (04LNI8M1T) H1MW11 PROP. /B' ��RE ND.3 WL(OBOVAGE) OEM 24'R.C.CP. ,` Cyy \\ \ k LIPIK FONCCEN ' * SUPPLY LINE -_,) A._ rm..(6UCODN) F YAL lOSE 6 EX IIK OWN g 81 LF. ; - - • / /r. L:.i.' f _SH— .1: : : . ./ / __\ - J� uP uroC D \DP CO DE CP.RI6.. DISTURBE• RAP. �A•CUT -_- —DIME 14 ILL _``—_ € / / \ VN00 FENCE WOOD FENCE WOODEN FENCE - N 7057488.5239 \ / w00D FENCE ORAL. / 4_0 40 \\• \ - \ \\ HW6E HOUSE NOTES: i *-DIMENSIONS ARE PRONGED FROM INSIDE 91.28 FT DMMETER RESERVOIR "ESfCATE E PERPENDICULAR TO FENCE AND TO OUTSIDE OF fXlSTING TANK PRISE 3 HOUSE \ / WESTG E OWNER]2] \\ \\ J P.R.C.C.i. 6 -CONTRACTOR SHALL REMOVE AND REPLACE EXIS17NG FENCE ON SOUTH AND � WEST EDGE OF SITE(NO SEPERATE PAY ITEMJ 1 -PROHDE TEMPORARY 6 FT. CHAIN LINK FENCE FOR SECURITY AT END OF --\ i \ I EACH WORKDAY NO SEPERATE PAY ITEM). I \ \ \ a E •CONWAY I.Lt. TMo ROME.ARE;0 CITY OF WYLIE,TEXAS MD * s NORTEX 1.8 M.O.GROUND sTORAOERE5ERVOR ��� MIRED MOW,OR POW PURPOSES 2006-121 7302 a®.NIIeAw..Slab 220 Az RCHARD CARTER PROPOSED SHE PLAN 4 ��0.790 1EYA O PE.NO 6w06 ODTOB6l7(QB odder.NFB (214)361-9900 • 1 c POISED 10/28/O6-JLWiER3 H:\Projec4\MyGa\2006111\SM1ee1a\100612I-04.0ry PLOT SCALE:IS PLOT S1YLE Iirl].clE PLOTTED WA JCMiER ON 10/I6/2008 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2008 Item Number: E (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: 615-5725-58310 Date Prepared: 12/16/08 Budgeted Amount: $ 1,400,000 Exhibits: 3 Subject Consider, and act upon approval and final acceptance of the 12-inch water line along FM 1378 from Lakefield Drive to Brown Street and authorize final payment to Tri-Con Services Inc, in the amount of $8,262.47, and accept the project as complete. Recommendation Motion to approve final payment to Tri-Con Services Inc, in the amount of$8,262.47, and accept the project as complete. Discussion On October 14, 2008, a construction contract was awarded to Tri-Con Services, Inc. in the amount of $168,492.35 for the construction of a 12-inch water line along FM 1378. The line extends from Lakefield Drive to Brown Street and provides water service to the new City facilities located on the east side of FM 1378. The construction of a 12-inch water line along FM 1378 from Lakefield Drive to Newport Harbor was identified in the City of Wylie Water and Wastewater Impact Fee Update 2005-2015 and the Water Distribution System 10- Year Capital Improvement Plan. Certificates of Obligation in the amount of$7,750,000 were issued in 2007 for multiple water system projects. $1,400,000 was included for the construction of a water line along FM 1378 from Lakefield Drive to Newport Harbor. The remaining portion of the water line from Brown Street to Newport Harbor will be constructed with the paving improvements to FM 1378. The final contract price with quantity adjustments is $165,249.30. Approved By Initial Date Department Director CH 12/16/08 City Manager I 1 � ' I 01 Page 1 of 1 Project: F.M.1378 WATER LINE-SECTION 1 Contract Amount:6168,492.35 Owner: CITY OF WYLIE PAY REQUEST NO.3 REVISED CONTRACT AMOUNT$172.485.35 Pay request period: November 26,2008-December 25,2008 Contractor: TRI-CON SERVICES, INC., P.O.BOX 472867,GARLAND,TX 75047-2667 Inspector. JOSEPH TIDWELL I Item Description Unit Quantity Unit Price Total Sid Installed This month Comp date Current To This month$ $To Date No, Current Total iet........4..../„1_ /` 7„........______ Total Amount of Work Completed ?�m IIllaiV.i►Eziclej Leas Tri-Con Services,Inc. f Z I Z Z-CY Retainage 0% $0.00 $0.00 Date Other Amount Payable on Contract $185,249.30 City of Wylie Less Date Payments $156,986.84 •--Tae Engineers Other i3HgG Date Due this Estimate $0.00 8,262.46 Project: F.M.1378 WATER LINE-SECTION 1 Contract Amount:$168,492.35 Owner:CITY OF WYLIE PAY REQUEST NO.3 REVISED CONTRACT AMOUNT$172,485.35 Pay request period: November 26,2008-December 25,2008 Contractor:TRI-CON SERVICES,INC.,P.O.BOX 472867,GARLAND,TX 75047-2867 Inspector: JOSEPH TIDWELL Item Description Unit Quantity Unit Price Total Bid Pry' This month Campl.To This month$ $To Date No. Installed . 4 data PAVING 1 12'PVC WATERLINE W/CLASS 8-1 EMB/OPEN CT LF 2.789.00 $26.00 $72,514.00 2,812.00 2,812.00 $0.00 $73,112.00 2 17'PVC WATERLINE W/20'ID STEEL ENCB-1 LF 110.00 $150.00 $16,500.00 90.00 90.00 $0.00 $13,503.00 3 12"PVC WATERLINE WI2O'ID STEEL ENC.NO OC IF 150.00 $210.00 $31,500.00 157.00 157.00 $0.00 $32,970.00 4 8"PVC WATERLINE W/B-1 EMBED.OPEN CUT LF 395.00 $21.00 $8,295.00 395.00 395.00 $0.00 $8,295.00 5 12"R.S.GATE VALVE EA 3.00 $3,558.00 $10,674.00 2.00 2.00 $0.00 $7,116.00 6 8"R.S.GATE VALVE 'EA 5.00' $1.165.00 $5,825.00 4.00 4.00 $0.00 $4,660.00 7 6"BLOW-OFF VALVE W/4FT.MANHOLE EA 1.00 $8.600.00 $8,600.00 1.00 1.00 $0.00 $8,600,00 8 WET CONNECTION TO EXISTING WATERLINE EA 2.00 $1.000.00 $2,000.00 1.00 1,00 $0.00 $1,000.00 9 TRENCH SAFETY SYSTEMS LF , 2,789.00 $0,15 $418.35 2,432.00 ' 2,432,00 $0.00 $364,80 10 SAW CUT EXIST.REINF.CONC,PAVEMT OR CURB LF 61.00 $4.00 $244.00 61.00 61,00 $0.00 $244.00 11 REMOVE/DISPOSE OF REINFORCED CONCRETE SY 142.00 $8.00 $1,136.00 36.50 36.50 $0.00 $292.00 12 6"REINF.CONC.SIDEWLK OR PVMT-CONSTRUCT SY 142.00 $33.00 $4,686.00 152.50 152.50 $0.00 $5,032.50 13 6"MONOLITHIC CONC.CURB-CONSTRUCT LF 12.00 $10.00 $120.00 14,00 14.00 $0.00 $140,00 14 TRAFFIC CONTROL DEVICES/FURN.INST.MAINT. MO 3.00 $50.00 $153.00 2.00 2.00\ $0.00 $100,00 CHANGE ORDER NO.1 8"TAP,VALVE&SLEEVE EA 1,00 $3,993.00 $3.993,00 1.00 1.00 $0.00 $3,993.00 15 MISC,FITTINGS/FURNISH&INSTALL LS 1.00 $5,830.00 $5.830.00 1.00 1.00. $0.00 $5,830.00 TOTAL AMOUNT OF BID $172,485.35 $0.00 $165,249.30 CONSENT OF SURETY TO FINAL PAYMENT Bond No. 105173906 PROJECT: FM 1378 Waterline-Section 1, Lakefield Drive to West Brown Street TO (Owner): City of Wylie P.O. Box 428 Wylie, TX 75098 CONTRACT FOR: Waterline CONTRACT DATE: 10/14/2008 CONTRACTOR: Tri-Con Services, Inc. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 , SURETY COMPANY, on bond of Tri-Con Services, Inc. 3010 Main Street Rowlett, TX 75088 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to City of Wylie P.O. Box 428 Wylie, TX 75098 OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, Travelers Casualty and Surety Company of America the Surety Company has hereunto set its hand this 7th day of January,2009 Travelers Casualty and Surety Company of America Surety Company &'AJL , a}� icItQG� Connie Jean egel Ii Attorney-in-fact (Seal) WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AIIIIIk POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 220196 Certificate No.O O 2 6 6 2 4 5 1 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St,Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters.Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Lloyd Ray Pitts,Beverly M.Trimble.Connie Jean Kregel,Jeffrey Todd McIntosh,and Cynthia Watson Fowler of the City of Dallas ,State of Texas ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their..bus}ness of.guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perr t in anylt ons or proceedings allowed by law. 9, gyp, > AA t �') tp,• ,l .V' ��F1 t ,‘ \`, �," 14th IN WITNESS WHEREOF,the Companies have caused this instnWto"be ne anclAht cot orate seals to be hereto affixed,this dayof October 2008 i Farmington Casualty C�o�,Pt}u . ,'s� �� St.Paul Guardian Insurance Company Fidelity and Guaranty+Iasslara [pa k.w) St.Paul Mercury Insurance Company Fidelity and Guaranty Insunderers,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company e� ' Ypq,, � � por*Y r 4:, „,,,*r,,„„ '�µ.r eye. ..V wUit. -Yryb t ram " __4 0,7(. 2 4i fit, _cp mt rr{n ,f °+A / °: 6 a 192T '�yiir e 7 q�t�i aS o ..:4.4^ .„ lap `,,1,F tr s� t:o. osSEAL i V88RL, �` d a ►„, �� orraw r,�;^„cc fs'.•iw+ 1�.. ...�M s1, •�„+� . `L�MI MM Allill'. State of Connecticut By City of Hartford ss. Georg Thompson,'ice President On this the 14th day of October 2008,before me personally appeared George W.Thompson,who acknowledged himself to he the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company,St. Paul Fire and Marine Insurance Company.St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,us such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. i' N'T" Nci\W"`� `! My Commission expires the 30th day of June,2011. * * Marie C.Tetreault,Notary Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc..Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson.the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance,Company,,St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Sure, pinpanxc�meric�a'' atd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power ,f.�tto y etc d byatp ompanies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and; ea the s .o sa cl. c. antes this day of UCLA j ,20 09. Kori M.Johans Assistant Secretary oatu4,' "�.it.,. np Y H iy }�p�...�"rG9 LJje.'NYYq'a ��tV AMp Ir r/P *0°AY 1 Leak VS7$�•rs- * } �(-PP011�f,(,~ W frypRAf�!� ,,s d t :6° 182� _ 8 /1►- �t,SEAL e" 'tSBJLLii ( 0) )X44 ►+ N 1 OFPEW`' P ` O.*) To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CONTRACTOR'S AFFIDAVIT OF BILLS PAID (To be executed prior to acceptance of project) STATE OF TEXAS COUNTY OF DALLAS Personally, before me the undersigned authority, on this day appeared r, e O. 6 v,,/ , who, being duly sworn, on oath, says that he is a legal representative of �Y 5 TIZ1C�DN 2V 6 , /,. . - and that the contract for the construction of the project, designated as F-M 137 0 W,A-Tt,1?L I N E S5c i i o.�v / LAI<FF/ELD DR. %O, iA/i 6T l320(.e)A1l cT REC.T has been satisfactorily completed and that all bills for materials, apparatus, fixture, machinery and labor used in connection with the construction of this project have, to the best of my knowledge and belief, been fully paid. ; Signature Ar-2 '7i' c1/_a_ Title Sworn to and - -- 'bed before me this 7 day of-_ ,1hi49-/ZA f . 200(1. 1 Notary Pu• • -nd f• AS . . _ County, Texas c °e, JUDITH A. SUTTON C ° Notary Public 'u .. STATE OF TEXAS 0, ,,,/ ',�I`-.Tin.Exp 12/05/2009 , C&B-9 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: F Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: 100-5511-56680 Date Prepared: December 12, 2008 Budgeted Amount: $12,000 Proposed Contract Cost Comparison Exhibits: October 2008 Invoice Subject Consider, and act upon, authorizing the City Manager to execute and award a contract with Erecycler, LLC for recycling services related to Wylie's Cleanup Greenup residential electronic recycling program. Recommendation Motion authorizing the City Manager to execute and award a contract with Erecycler, LLC for recycling services related to Wylie's Cleanup Greenup residential electronic recycling program. Discussion For the past several years, the City has contracted with a vendor to provide electronic recycling services associated with the Cleanup Greenup collection events. That vendor charges a flat rate of$0.30 per pound, and City personnel must collect, palletize, and transport the collected electronics to the vendor's recycling center located in Carrolton, Texas. For the most recent collection event held in October 2008, the electronic recycling cost was $5,652.90, and cost to transport the items to Carrolton was approximately$250.00 In an effort to secure more favorable contract terms, staff contacted another electronics recycling vendor that agrees to charge the City of Wylie no more than $5.00 per CRT monitor, $10.00 per television, and $0.15 per pound of other electronic equipment. Staff compared this cost to the previous expenses incurred for electronics recycling (please see attachment for comparison) and anticipates a cost reduction of nearly 50% by using the services of Erecycler, LLC. Erecycler, LLC is also committed to staffing the Cleanup Greenup event with personnel to collect, load, and transport the electronics to their recycling facility at a cost of$600. This service would allow City personnel to manage the Cleanup Greenup event more effectively and with less personnel time and expenses devoted to electronics recycling. The City Attorney has reviewed the proposed contract document and finds it acceptable. Approved By Initial Date Department Director MS 12/12/08 City Manager (( � � I DI Page 1 of 1 AGREEMENT BY AND BETWEEN CITY OF WYLIE AND ERECYCLER, LLC FOR ELECTRONICS RECYCLING PROGRAM THIS AGREEMENT ("Agreement") is made and entered by and between Erecycler, LLC, a Texas limited liability company, whose address is 2747 Oakland Avenue, Garland, TX 75041, hereinafter referred to as (the "Contractor") and the City of Wylie, Texas, hereinafter referred to as (the "City"). For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: SCOPE OF WORK Contractor shall provide all labor, supervision, materials and equipment necessary to collect and remove from the City, and dispose of in accordance with all applicable federal, state, and local statutes, ordinances, laws, rules, standards, codes and regulations, all electronic equipment collected or submitted through the City of Wylie's residential electronic recycling program. These services are to be provided at the City's Cleanup Greenup collection event to be held the week of February XX, 2009 (the "Collection Event"). These services shall be provided in accordance with the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference. This Agreement consists of this written Agreement by and between City of Wylie and Erecycler, LLC for Electronics Recycling Program and the following items which are incorporated herein by reference: (a) The Scope of Services for the sale of electronic equipment - Exhibit "A". (b) Acceptable Items - Exhibit "B" (c) The Contractor's Insurance - Exhibit "C". (d) Affidavit of No Prohibited Interest - Exhibit "D". (e) Texas E-cycling STandards (TEST) - Exhibit "E" (f) Collection Site - Exhibit "F" In the event there is a conflict in interpretation, the documents shall control in the order listed above. These documents (and including this Agreement by and between City of Wylie and Erecycler, LLC for Electronics Recycling Program) shall be referred to collectively as the "Agreement." Agreement with Erecycler, LLC Page 1 of 19 532990.v 1 II. TERM OF AGREEMENT Subject to the termination provisions of this Agreement, this Agreement shall be for and in connection with the Collection Event to be held the week of February XX, 2009 between the hours of 8:00 a.m. and 4:00 pm. Following the conclusion of the Collection Event, the City shall have the right and option to renew this Agreement for other community events within the City that may occur in 2009 ("Other Collection Events"), as determined by the City (and consideration for such right and option to renew being part of the consideration paid hereunder). Any such renewal shall occur by the City giving written notice to Contractor of the City's election to renew this Agreement, such notice to be given not later than sixty (60) days following the conclusion of the Collection Event or any Other Collection Events, as the case may be. The terms and conditions of this Agreement for Other Collection Events shall be the same as set forth herein, except that (i) pricing may be renegotiated in good faith by both Parties to reflect current market rates with a written request of a rate adjustment from Contractor, and (ii) the City shall have the right to modify the location, dates and times for any Other Collection Events. III. CHARGES Contractor agrees to charge the City of Wylie a flat base rate of $600.00 to staff each of the four event days in February, 2009; no more than $5.00 per CRT monitor; $10.00 per Television; and $0.15 per pound of other electronic equipment for services as outlined in Exhibit "A" — Scope of Services and Exhibit "B" —Acceptable Items. Payment shall be made in accordance with the following: Within thirty (30) days following the City's receipt from Contractor of the last of (i) a certificate of recycling for all electronic equipment collected at the Collection Event that is reused, refurbished, or recycled, (ii) a certificate of destruction for all electronic equipment that is not reused, refurbished or recycled, (iii) records of the total weight of recycled electronic equipment dropped off and collected by Contractor at the Collection Event, and (iv) an invoice for the amount to be paid to Contractor calculated according to the immediately prior paragraph (the "Invoice Amount"), the City will pay Contractor the Invoice Amount. Iv. WARRANTY City makes no (and specifically disclaims any) warranty, representation, covenant, or promise whatsoever, express or implied, or arising by operation of law or otherwise, about the quality, condition, or fitness for a particular purpose of the electronic equipment collected through the City's electronic recycling program or pursuant to this Agreement. Agreement with Erecycler, LLC Page 2 of 19 532990.vl Contractor represents and warrants that (a) it has the skills, qualifications, expertise, experience and financial capability necessary to perform the work and services set forth in this Agreement in an efficient and cost-effective manner with a high degree of quality and responsiveness and has performed and continues to perform the same and similar services for others, and (b) its services, work, products, and materials shall comply with all applicable federal, state and local statutes, ordinances, laws, rules, standards, codes and regulations, including, without limitation, standards, rules and regulations of the Environmental Protection Agency and the Texas Commission on Environmental Quality. Additionally, all of the services and work of the Contractor shall be conducted and completed in accordance with the highest and best industry practices. V. INDEMNIFICATION Contractor shall release, defend, indemnify and hold harmless the City, its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from the performance of the work or caused by the negligent act or omission of Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Contractor is legally responsible (hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims. In its sole discretion, City shall have the right to select or to approve defense counsel to be retained by Contractor in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. City reserves the right to provide a portion or its own entire defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain City approved defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract. If Contractor fails to retain Counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. VI. INSURANCE Contractor shall procure and maintain for each collection event under this contract insurance as set forth in Exhibit "C" attached hereto and incorporated herein. City of Wylie insurance requirements override the insurance requirements noted in the Texas E-cycling STandards (TEST) in Exhibit "E". Agreement with Erecycler, LLC Page 3 of 19 532990.v l VII. VENUE The laws of the State of Texas (without reference to its conflict of laws provisions) shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas, and that exclusive venue shall lie in Collin County, Texas. VIII. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of law, such decisions shall not affect the remaining portions of the Agreement, and the remaining provisions hereof shall remain in full force and effect. However, not later than thirty (30) days following the occurrence of such event, either party may terminate this Agreement by giving the other party at least thirty (30) days written notice of such termination. IX. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership, joint venture, or joint enterprise between City and Contractor. X. TERMINATION Either the City or Contractor may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Agreement, terminate further work under this Agreement, in whole or in part by giving at least sixty (60) days prior written notice thereof to the other party with the understanding that all services being terminated shall cease upon the date such notice is received. Additionally, if (a) Contractor fails to fulfill in a timely manner Contractor's obligations under this Agreement, or (b) Contractor violates any of the terms or provisions of this Agreement, then City shall have the right to terminate this Agreement Agreement with Erecycler, LLC Page 4 of 19 532990.v 1 effective immediately upon the City giving written notice thereof to Contractor; provided, however, that such right of termination shall not be exercised by the City unless and until such failure or violation remains uncured to the City's satisfaction by Contractor for a period of 5 consecutive days after notice thereof from the City is received by Contractor. In the event Contractor fails to cure such failure or violation to the City's satisfaction within such period of time, the City may terminate this Agreement immediately. XI. AGREEMENT INTERPRETATION This is a negotiated Agreement between Contractor and City, should any part of this Agreement be in dispute, the parties agree that the Agreement shall not be construed more favorably for either party. XII. NON-ASSIGNABILITY This Agreement may not be assigned, transferred, subcontracted, or otherwise conveyed in whole or in part by either party without the prior written consent of the other party, and any such assignment, transfer, subcontract, or other conveyance without the prior written consent of the other party shall be void ab initio. XIII. AUTHORIZATION Each person executing this Agreement warrants and represents that they are fully authorized to do so. XIV. HEADINGS The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. XV. MISCELLANEOUS A. For purposes of this Agreement, notices shall be in writing, addressed as provided hereinafter to the party to whom the notice or request is given, and shall be either (i) delivered personally, (ii) sent by United States certified mail, postage prepaid, return receipt requested, (iii) placed in the custody of Federal Express Corporation or other nationally recognized carrier to be delivered overnight. Notice shall be deemed given when received. Addresses for notice are as follows: Agreement with Erecycler, LLC Page 5 of 19 532990.vl To Contractor: To Client: 2747 Oakland Avenue City of Wylie Garland, TX 75041 2000 Highway 78 North Attn: Robert F. Bruns Wylie, Texas 75098 Attn: Mike Sferra B. The failure by either party to exercise any right, power, or option given to it by this Agreement, or to insist upon strict compliance with the terms of this Agreement, shall not constitute a waiver of the terms and conditions of this Agreement with respect to any other or subsequent breach thereof, nor a waiver by such party of its rights at any time thereafter to require exact and strict compliance with all the terms hereof. The rights or remedies under this Agreement are cumulative to any other rights or remedies, which may be granted by law, in equity, or otherwise. Any rights and remedies either party may have with respect to the other arising out of this Agreement shall survive expiration or termination of this Agreement. C. This Agreement and all of its terms and provisions are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. D. For purposes of this Agreement, "includes" and "including" are terms of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded. XVI. ENTIRE AGREEMENT This Agreement and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement by signing below. ERECYCLER, LLC By: Name: Title: City of Wylie, TEXAS By: Mindy Manson, City Manager Agreement with Erecycler, LLC Page 6 of 19 532990.v I STATE OF TEXAS § § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the and duly authorized representative for ERECYCLER, LLC, a Texas limited liability company and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2008. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me she is the City Manager and duly authorized representative for the City of Wylie, Texas and she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2008. Notary Public in and for the State of Texas My Commission Expires: Agreement with Erecycler, LLC Page 7 of 19 532990.v I Exhibit "A" Scope of Services Contactor shall subscribe to and at a minimum comply with the Texas E-cycling STandards (TEST) — Exhibit "E." Contractor shall provide truck(s), required equipment, and staff to collect, load, and transport all acceptable electronic equipment dropped off the day of each event (as specified in Exhibit "B"). Contractor shall provide trained staff to unload residents' vehicles and load contractor's truck during the collection event at a mutually agreed upon location in Wylie, Texas as specified in Exhibit "F". Contractor shall accept all items as listed in this document and otherwise specified in the Agreement. Contractor shall be responsible for cleaning the collection site and shall leave the collection site litter free. The collection site is defined as the immediate drop off, staging and loading zones. Contractor shall remove all overflow electronic equipment within an hour of event closing if more comes in during the allotted time period than the truck will hold. All hard drives will be sanitized (erased) according to Texas Commission on Environmental Quality standards (or any other applicable mandatory standards) before being separated into recyclable components or re-manufactured. Contractor shall provide records of the total weight of recycled electronic equipment dropped off at each event. These records shall be mailed within thirty (30) days of the event to: Mr. Mike Sferra City of Wylie 2000 Highway 78 North Wylie, TX 75098 Contractor shall provide to the City a certificate of recycling for all electronic equipment collected at the event that is reused, refurbished or recycled. Contractor shall also provide to the City a certificate of destruction for all electronic equipment that is not reused, refurbished or recycled. These certificates shall be mailed within sixty days (60) days of the event to: Agreement with Erecycler, LLC Page 8 of 19 532990.vl Mr. Mike Sferra City of Wylie 2000 Highway 78 North Wylie, TX 75098 The City of Wylie agrees to: Promote and publicize the collection by Erecycler, LLC as deemed appropriate solely by the City. Provide a location to hold the collection event. Provide a liaison contact to insure unidentified challenges are corrected in a timely fashion. Agreement with Erecycler, LLC Page s of 19 532990.v l EXHIBIT "B" ACCEPTABLE ITEMS Acceptable Items: Cables Software CD Rom Drives Stereo Components Circuit Boards Telephones Chips Televisions Computer Books Video Cassette Recorder Players Computer Systems Copiers Digital Video Disc Players Furniture Consoles for Stereos and TVs Digitizer and Drawing Boards Ham Radio Equipment Disk Drives Line Printers External Drives Mainframe Equipment Fax Machines Mini-systems Hard Drives Radios Keyboards Telex Machines Laptops Terminals Modems Word Processors Monitors Mouse Components Phone Systems Printers Processors Radios Scanners Unacceptable Items: Furniture Appliances Agreement with Erecycler, LLC Page 10 of 19 532990.vl EXHIBIT "C" INSURANCE REQUIREMENTS City of Wylie Insurance Requirements Requirements: Contractors performing work on City property or public right-of-way for the City of Wylie shall provide the City a certificate of insurance evidencing the coverage and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverage as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverage must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Wylie. Listed below are the types and amounts of insurance required. The City reserves the right to amend or require additional types and amounts of coverage or provisions depending on the nature of the work. Type of Insurance Amount of Insurance Provisions 1. Commercial General(Public) $1,000,000 combined single City to be listed as additional Liability to include coverage for: limits per occurrence and insured and provided 30-day a) Premises/Operations $2,000,000 general aggregate, notice of cancellation or b) Products/Completed which coverage shall include material change in coverage. Operations products/completed operations c) Independent Contractors ($1,000,000 products/completed Insurer shall be rated AVII or d) Personal Injury operations aggregate). Coverage for higher by A.M. Best or AA or e) Contractual Liabilityproducts/completed operations must be maintained for at least two(2) higher by Standard &Poor's years after any work hereunder (but in any event subject to has been completed. Coverage must the approval of the City) be amended to provide for an each- project aggregate limit of insurance. Contractor shall specifically endorse applicable insurance policies as follows: (a) the City of Wylie, Texas shall be named as an additional insured with respect to all liability policies; (b) all liability policies shall contain no cross liability exclusions or insured versus insured restrictions, (c) a waiver of subrogation in favor of the City of Wylie, Texas shall be contained in the workers compensation and liability policies, (d) all Agreement with Erecycler, LLC Page 1 1 of 19 532990.v 1 insurance policies shall be endorsed to require the insurer to immediately notify the City of Wylie, Texas of any material change in the insurance coverage, (e) all insurance policies shall be endorsed to the effect that the City of Wylie, Texas will receive at least thirty (30) days' notice prior to cancellation or non-renewal of the insurance, (f) all insurance policies which name the City of Wylie, Texas as an additional insured, must be endorsed to read as primary coverage regardless of the application of other insurance, (g) required limits may be satisfied by any combination of primary and umbrella liability insurances, (h) reasonable and customary deductibles may be maintained, subject to approval by the City of Wylie, Texas, (i) insurance must be purchased from insurers that are financially acceptable to the City of Wylie, Texas, (j) all insurance must be written on forms filed with and approved by the Texas Department of Insurance; and Certificates of all such insurance shall be prepared and executed by the insurance company or its authorized agent, shall be provided to the City of Wylie, Texas at least thirty (30) days prior to the date of the performance under this Agreement, and shall contain provisions representing and warranting the following: (a) sets forth all endorsements and insurance coverages according to requirements and instructions contained herein, and (b) shall specifically set forth the notice-of-cancellation or termination provisions to the City of Wylie, Texas. Agreement with Erecycler, LLC Page 12 of 19 532990.vI EXHIBIT "D" AFFIDAVIT OF NO PROHIBITED INTEREST I, the undersigned declare and affirm that no person or officer of (herein "Contractor") is either employed by the City of Wylie or is an elected official of the City of Wylie and who has a financial interest, direct or indirect, in any contract with the City of Wylie or has a financial interest, directly or indirectly, in the sale to the City of Wylie of any land, or rights or interest in any land, materials, supplies or service. I further understand and acknowledge that the existence of a prohibited interest at any time during the term of this Agreement will render the Agreement void. Name of Contractor By: Signature Print Name Title Date STATE OF § COUNTY OF § SUBSCRIBED AND SWORN TO before me this day of , 2008. Notary Agreement with Erecycler, LLC Page 13 of 19 532990.vl EXHIBIT "E" Recycling Alliance of Texas !ECM NI Amy ES VICE a Amy ECO ERY 1 Texas cyCIL cling Y g STandards (TEST) As computers and other electronic equipment have become an increasingly important part of our personal and professional lives, they have also become a rapidly growing part of our waste. The Texas E-cycling STandards were researched, compiled, and developed by the Electronic Resource Recovery Council of the Recycling Alliance of Texas to help minimize this waste and the negative economic, environmental, and public health impacts that it can create. Disposition service providers, or E-cyclers, that subscribe to these standards, or "pass the TEST," are committed to the responsible management of surplus and end-of-life electronic equipment. As assurance of this commitment, they have agreed to provide their customers with a copy of the Texas E-cycling STandards, including a signed statement by an officer of the organization agreeing to abide by them as a condition of the use and display of the TEST logo and recognition by the Electronic Resource Recovery Council of the Recycling Alliance of Texas. Large-scale generators of surplus electronic equipment (including municipalities and other organizations that sponsor public used electronics collection events) can incorporate the TEST as a whole or in Agreement with Erecycler, LLC Page 14 of 19 532990.v 1 any part in their contracts for disposition services or in their qualifications for bidders, with specific documentation required for any or all items. The TEST logo and certificate are the property of the Electronic Resource Recovery Council of the Recycling Alliance of Texas, which reserves the right to deny their use or display to anyone who fails to document or otherwise demonstrate compliance with any of the TEST elements. Recycling Alliance of Texas ler le Texas E-cycling A S 11 E I I STandards (TEST) ICC411 E 0 E N if Best Management Practices for Electronic Equipment Disposition Service Providers A. General Operations 1. Comply with all applicable state and federal environmental and safety laws and regulations, including notification, permit and registration requirements. 2. Maintain an effective, compliant safety program, documented by training records, OSHA 300 Log, etc. 3. Maintain an effective security program to prevent theft of electronics and data. 4. Document environmental, safety, and security audits of facilities. 5. Maintain and document an effective environmental management system. B. Financial Assurance 1. Maintain general liability insurance coverage ($1,000,000 minimum); make certificate copies available to upstream sources (generators/suppliers). 2. Facilities requiring EPA identification numbers as small or large-quantity generators of hazardous waste: maintain environmental liability insurance coverage ($1,000,000 minimum); make certificate copies available to upstream sources (generators/suppliers). Agreement with Erecycler, LLC Page 15 or 19 532990.v t 3. Self-Insurance (private sector service providers). In lieu of the liability insurance requirements in Items 1 & 2, a company may provide: a. a letter signed the company's chief financial officer, stating that the company meets the Financial Test for Liability as detailed in Title 30, Part 1 of the Texas Administrative Code, §37.541(b); and b. a report from an independent certified public accountant stating that the chief financial officer's statement (above) has been verified by an independently audited year-end financial statement for the most recent fiscal year. 4. Financial Assurance (City and County Governments) a. Local (City and county) governments that receive used electronics as part of a household hazardous waste facility or collection event in compliance with Title 30, Part 1, Chapter 335, Subchapter N of the Texas Administrative Code are not subject to the requirements of this section. b. In lieu of the liability insurance requirements in Items 1 & 2, a local government that receives used electronics from non-household sources may provide a letter from its chief financial officer stating that the local government meets the Local Government Financial Test detailed in Title 30, Part 1 of the Texas Administrative Code, §37.271, based on an independently audited year-end financial statement for the latest fiscal year. C. Inventory Control 1. As requested by the customer, conduct a detailed, complete inventory of all equipment, components, and materials at the point they are received. 2. As requested by the customer, make asset numbers, asset tags, or serial numbers identifying each piece of equipment or component available to generators/suppliers as evidence of disposition. 3. Document the transfer of ownership of all electronic equipment, components, and materials received. 4. Provide documentation of tax-deductible donations of equipment (non- profit organizations). D. Data Security Measures 1. Use tested and reliable software for data erasure. 2. Employ a quality assurance process to check effectiveness of data erasure on units to be reused/resold. 3. As requested by the customer, provide documentation of data erasure on all hard drives to be resold. 4. Ensure complete destruction of EoL (End-of-Life) hard drives to prevent retrieval of information. Make documentation available upon request to customers. Agreement with Erecycler, LLC Page 16 of 19 532990.vl E. Maximize Value, Minimize Risk: the Seven R's 1. As consistent with economic, security, and other criteria identified by the recycler and customer, implement the following hierarchy of management options, in order of preference: a. Reuse of whole units b. Repair/ Refurbishment/ Remanufacturing c. Recovery / reuse of functional peripherals and components d. Recycling of constituent materials e. Responsible disposal of hazardous and non-hazardous wastes 2. Document the removal of hazardous components such as fluorescent tubes, mercury-containing switches and relays, and nickel-cadmium and lithium batteries before shredding equipment for recycling. 3. Upon request, or as a provision of service contracts or other business agreements, provide customers with client-specific accounting of all equipment received and its disposition. This accounting may be in the form of an itemized report, and/or as a mass balance report including the following information: a. Equipment Received (Inputs) - accounting to be submitted with billing statements or within 30 days of receipt: i. Weight of whole units (categorized by type) for ultimate reuse (donation, resale, repair, refurbishment); ii. Weight of parts/components (categorized by type) for ultimate reuse (resale, repair, refurbishment); iii. Weight of whole units for end-of-life processing (parts recovery, recycling, disposal); and iv. Weight of parts/components for end-of-life processing (recycling, disposal), categorized by type. b. Equipment/Material Disposition (Outputs) — accounting to be submitted within 60 days or other agreed-upon schedule, with receipts from downstream buyers and service providers available for customer audit: i. Weight of whole units sent to brokers/buyers for ultimate reuse ii. Weight of parts/components sent to brokers/buyers for (ultimate) reuse iii. Weight of end-of-life whole units sent to processors for parts recovery, recycling, disposal. iv. Weight of end-of-life parts/components/materials sent to processors (leaded glass, other glass, plastic, metals, whole circuit boards, shredded circuit boards, adapters, power cords, batteries, transformers, capacitors, mercury switches, mixed materials, other), categorized by type. v. Weight of non-recyclable parts/components/materials disposed of, categorized by type and means of disposal (incineration, landfilling as hazardous or non-hazardous waste). Agreement with Erecycler, LLC Page 17 of 19 532990.v l 4. Audit downstream vendors in the chain of custody, both domestic and international, requiring documentation of regulatory compliance and responsible recycling and disposal of hazardous and non-hazardous materials. F. Responsible Export Practices 1. Comply with all applicable laws and regulations, including country-specific import/export regulations. 2. Maintain documentation for exports from the United States of electronic systems and components, including: a. shipping manifests identifying the recipient and showing make, model, and condition for all declared reuse items, and b. any other information necessary to complete the export 3. Do not export from the United States any non-working cathode-ray tubes (CRTs) or other hazardous equipment, components, or materials for recycling to any countries other than: a. members of the Organization for Economic Cooperation and Development (OECD); b. members of the European Community; or c. countries that have entered into an agreement with the United States that allows for such exports. 4. Retain all export-related documentation for a period of one year or as required in applicable export documentation retention schedules, whichever is longer. Agreement with Erecycler, LLC Page 18 of 19 532990.vl EXHIBIT "F" COLLECTION SITE Site Address: TBD Agreement with Erecycler, LLC Page 19 of 19 532990.vl Unit Summary-October 2008 Current Vendor Apple Compute r 1 25 $0.30 $7.50 Fax Machine 1 12 $0.30 $3.60 Memory 1 1 $0.30 $0.30 Mixed Other- Large 27 16,473 $0.30 $4,941.90 Mixed Other-Small 7 66 $0.30 $19.80 Network Hub 1 4 $0.30 $1.20 PC Computer 24 457 $0.30 $137.10 PC Monitor 7 218 $0.30 $65.40 Printer 10 190 $0.30 $57.00 Scanner 8 117 $0.30 $35.10 Server 1 40 $0.30 $12.00 Television 15 1,225 $0.30 $367.50 Typewriter 1 15 $0.30 $4.50 104 18,843 $5,652.90 Unit Summary-October 2008 Proposed Vendor Apple Computer 1 25 $0.15 $3.75 Fax Machine 1 12 $0.15 $1.80 Memory 1 1 $0.15 $0.15 Mixed Other- Large 27 16,473 $0.15 $2,470.95 Mixed Other-Small 7 66 $0.15 $9.90 Network Hub 1 4 $0.15 $0.60 PC Computer 24 457 $0.15 $68.55 PC Monitor 7 218 $5.00 $35.00 Printer 10 190 $0.15 $28.50 Scanner 8 117 $0.15 $17.55 Server 1 40 $0.15 $6.00 Television 15 1,225 $10.00 $150.00 Typewriter 1 15 $0.15 $2.25 104 18,843 $2,795.00 02222222 omm Q22 aw N..om m t t NAw N amm.,m Awti AwN mw„m. w N o —' ""- 222222222222 ®$ � � mm n n ? e 2; WmmoRwA mo h w N ; oN $w;Imalwa $$ $ $rn $ �� ; d $ noa n , v g m- vvti UOU Ulm m m m m 33 3 N n n 3: 3 S• 3f a L vvtivvvn'vv vamy-+y F, F vvvv Ty vet- C 0000000 _ mgg 3'v vvvavvv > 0 0 0 0 0 0 0 3 m___ m a a m m 'm m n m x 0 0 0 0 0 0 0 0 0 0 0 0 __ - K 0 0 0 0�-0 0 0 0 _ _ _ �.0 0 0 m 3 3 3 3 3 3 v. o _ _ a au F, g,c m 0 0 0 O O 0 0 0 0 3 m - _ .n a 3 ;;m 0 0 0 O i n n m 0 0 0 m F o - ? \ M o Q Q Q 9, g m O O Q Q 994 _ _ 3 3 3 3 3 3 3 3 3,1- - o-O O Q?_ _ _ 3 3 3 3 o O g 3 3 3 0 - =3`� O a n v a, , m m m m m m m mm"msmoonna mzo ��_ ��Ao 0 0 0 oom �°ino3dmgo�9mzz'vzz z;�zOxTmzO-gym z xx'mvOy ��� v �O ___=a Z Z Z Z D m D D o m§ m Z Z m Z m --m N m =__ 0 0 0 0 O D- x x O O m x m 2 m .a O O 2 D x g 2 m m - ¢Z m £ T m x D .3 A m £ 2 D m-O ,o _O 8 e m<< O � ' Z 29 Z m Z �m�m o m£ m a § x v d m m y v 0 `< m 2 m o a vm x m m.m O v v v ^,' O N NO m z m z m m m I aa a a O a m N 0 as as V. n u-y 2 2 ,m p i i t, y p n p 0 y n n 3 g g 3 V N; a 0 r <Z Z O O O O U�T 74 O« U n m 0 w y m T Z < o S O, T Q w mP PT A A yD DN N N N Ov V D (/i m U mX??OOO O N.i AND D 0 < V m�0�^> w0Z y $ m m 0 D O' ZjOON �N -'O �zm n m m>m mmm;mmi - T; 88 f< D m 0 Dm w 8. -a m A p m r r ]J O N Z V N N A<O U N o m y y r r m A m 0=y O ry ai p o o D �> �"' v ��0 0 N �D r in - a u 0 m Z O A Om O o g ui, n n O P y xO TH! 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N P A D mi m r V d V 2 2 1 m V w m 1 :88"8, Ao 0 o NON tn0(noo0 o o O o o O O (n O m m N N�I V V O o m m w�T o m pi m m O w N w<n N O O O O • INO Ri q 9 C A mi mi Nr mu WANn n r vet t.trsgsggsgsggsnrnrt r 1 r 0 0 0 0 0 E 0 0 o pO Ao$ 0 0 EEE O O o O Egg 0 0 0 0 0 0 8 0 E Ao 0 0 0 o O O O o o O O 0 0 0 E O O o 0 a g N nnntgnto000 o d'o o 00 ngtn n t n S88 nntntnngnngngngngt stntnngtttng t ntnntt " ^0' 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 88 0 0 0 E 0 0 0 8 8 8 888888888888838888 888888888888 O 888888 0 0 0 0 E N T ntnnnntnnngn ntn nt nngt n 8 n nsgO o 0 0 0 o N 0 0 v 828888888888 moo 00 000E m o o 888 888888888888888888 00000000000E m 00000E 88888 ' 0 0 0 0 0 E 0 0 g o 0 0 S o0 0 0 0 0 0 0o mo 0 0 0 0 0 0 0 E 0 0 8 0 8 8 0 0 0 0 0- o $ o 0 0 0 0 O o o O o 0 0 $ o 0 mmmmmmmmmmmm mmm mm mmmm�NgNgcsmmm mmmmmmmmmmmmmmmmmm�mmmmmmmmmmmmU mmmmmm mmmmm z ,`mm m` m`m m� � `mm mv`m` �v m` m`l5m m <`m 5m`5 m` m o r m m m m m m m m m m m m 444 `m m `a n n m D m D m D m .�m m m m m a a o a a io m.m�o a a a.mo e ra m a a a m mo` m m m m m -ml m m w E« O O O O O O O O O O O O O O O 22 O O O O Z O m O m O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 E O O O O K 222222222222 p 0 222222 0 0 1 0 E < c<<.c<.c«<c< «CZ CZ « <CZ, N<C ND S DN 7C C. < c<, <«<t< <« C Cz ,C ,< cr<< < `cC <<«« « O« CD y ,, T Z Z Z N N N N n N>>n N N N N N N N N a D a a D A D 0 D A D a› a› D a a m 0 0 0 o Z Z O v N AA JJ Q9 00 O 0 0 O O (� j T A * A O Am A mu .ZI Fuel p Unit Id Unit Class Manufacturer Model Asset Tag Serial Number Class Oty Lbs. Per Unit Per Lb. EOL Lb. Surcharge Tex Total Foes Notes 70 16397194 Printer Hewlett Packard DESKJET 820CSE NO ASSET TAG SG67H1900VBM S 15 $4.50 $0.00 $0.00 $4.50 Se vage Only 71 16397200 Punter Hewlett Packard PSC 2110XI NO ASSET TAG MV35PF42H30F S 20 $6.00 $0.00 $0.00 $6.00 Se vage Only 72 16397198 Printer Epson STYLUS CX5200 NO ASSET TAG EP3E000731 S 25 $7.50 $0.00 $0.00 $7.50 Se cage Only 73 16397206 Printer Epson STYLUS PRO NO ASSET TAG 2EGE154282 S 20 $6.00 $0.00 $0.00 $6.00 Sa vage Only 74 16397196 Printer Panasonic KX-P1124 NO ASSET TAG 9LMAOJ99326 S 10 $3.00 $0.00 $0.00 $3.00 Se vage Only 75 16397207 Printer MICROTEK MSII-300P NO ASSET TAG 8100916141 S 20 $6.00 $0.00 $0.00 $8.00 Sa vage Only 76 16397115 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397115 S 995 $298.50 $0.00 $0.00 $298.50 Sa vage Only UNIT IS A MISELANEAS ELECTRONIC 77 16397116 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397116 S 530 $159.00 $0.00 $0.00 $159.00 Se vage Only UNIT IS A MISELANEAS ELECTRONIC 78 16397117 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397117 S 340 $102.00 $0.00 $0.00 $102.00 Selvage Only UNIT IS A MISELANEAS ELECTRONIC 79 16397118 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397118 S 640 $192.00 $0.00 $0.00 $192.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 80 16397119 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397119 S 560 $168.00 $0.00 $0.00 $168.00 Selvage Only UNIT ISA MISELANEAS ELECTRONIC 81 16397120 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397120 S 670 $201.00 $0.00 $0.00 $201.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 82 16397121 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397121 S 700 $210.00 $0.00 $0.00 $210.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 83 16397122 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397122 S 680 $204.00 $0.00 $0.00 $204.00 Selvage Only UNIT IS A MISELANEAS ELECTRONIC 84 16397123 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397123 S 640 $192.00 $0,00 $0.00 $192.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 85 16397154 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397154 S 545 $163.50 $0.00 $0.00 $163.50 Salvage Only NIT IS A MISELANEAS UELECTRONIC 86 16397155 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397155 S 665 $199.50 $0.00 $0.00 $198.50 Salvage Only NIT IS A MISELANEAS UELECTRONIC 87 16397156 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397156 S 680 $204.00 $0.00 $0.00 $204.00 Salvage Only S A MISELANEASUELNIT ECTRONIC 88 16397157 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397157 S 595 $178.50 $0.00 $0.00 $178.50 Below Tech Cut Line UNIT IS A MISELANEAS ELECTRONIC 89 16397158 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397158 S 685 $205.50 $0.00 $0.00 $205.50 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 90 16397159 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397159 S 655 $196.50 $0.00 $0.00 $196.50 Selvage Only UNIT IS A MISELANEAS ELECTRONIC 91 16397160 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397160 S 720 $216.00 $0.00 $0.00 $216.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 92 16397161 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397161 S 715 $214.50 $0.00 $0.00 $214.50 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 93 16387162 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397162 S 935 $280.50 $0.00 $0.00 $280.50 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 94 16397163 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397163 5 710 $213.00 $0.00 $0.00 $213.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 95 16401089 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116401089 S 570 $171.00 $0.00 $0.00 $171.00 Salvage Only UNIT IS A MIX TV 96 16397203 Scanner Hewlett Packard SCANJET 5P NO ASSET TAG SG76J111JBDM 5 20 $6.00 $0.00 $0.00 $6.00 Salvage Only 97 16397211 Scanner Hewlett Packard SCANJET IICX NO ASSET TAG 3418A97388 S 25 $7.50 $0.00 $0.00 $7.50 Salvage Only 98 16397202 Scanner Visioneer PAPERPORT 3000 NO ASSET TAG 116397202 S 12 $3.60 $0.00 $0.00 $3.60 Salvage Only 99 16397201 Scanner UMAX ASTRA 1220P NO ASSET TAG 116397201 S 15 $4.50 $0.00 $0.00 $4.50 Salvage Only 100 16397213 Server Intel INTEL NO ASSET TAG 116397213 S 40 $12.00 $0.00 $0.00 $12.00 Salvage Only 101 16397212 Typewriter Apple A252128 NO ASSET TAG 116397212 5 15 $4.50 $0.00 $0.00 $4.50 SALVAGE ONLY 102 16399140 Television Toshiba CX2779K NO ASSET TAG 50536458 5 60 $18.00 $0.00 $0.00 $18.00 Salvage Only 103 16399142 Television JVC AV-32950 NO ASSET TAG 14517801 S 80 $24.00 $0.00 $0.00 $24.00 Salvage Only 104 16397204 Apple Computer Apple POWER MACINTOSH NO ASSET TAG XB5520013FT S 25 $7.50 $0.00 $0.00 $7.50 Salvage Only 8500/120 04 18,843.00 $ - $ 5,652.90 $ - $ - $ - $ 5,652.90 TOTAL UNITS RECEIVED 43 TOTAL SYSTEMS/SERVERS RECEIVED 26 TOTAL PRINTERS/SCANNERS RECEIVED 10 TOTAL NOTEBOOKS RECEIVED 0 TOTAL MONITORS RECEIVED 7 TOTAL MISC PRODUCT RECEIVED 104 TOTAL END OF LIFE UNITS RECEIVED 104 TOTAL UNITS REMARKETED 0 TOTAL$REMARKETED TOTAL FUEL SURCHARGE $ - - TOTAL TAX $ Page 2 of 2 L:\Agenda Packets\Agenda Packets 2009\1-January 2009\01-13-2009\October 31,2008 Intechra report 110915 Settlemen[_Report-(Basic_Recycle).xls 12/18/2008 11:01 AM intechra �.M INVOICE • Waste-free, Worry-free IT Asset Disposition"' 110915 Client W025/CITY OF WYLIE Invoice Date 10/23/2008 Client ID 2611 Manifest ID 110915 Purchase Order Freight Carrier Client Arranged ARS Number Receipt Date 10/21/08 Cost Center Reference 1 Reference 2 Bill To: Pickup Location: City of Wylie MIKE SFERRA Dennis Sewell 949 HENSLEY LN 949 Hensley WYLIE, TX, 75098- Wylie, TX, 75098 (972) 442-8108 469-628-7661 Description Amount Manifest Processing Fees $5,652.90 Tax $0.00 Freight $0.00 Manifest Value Recovery $0.00 Total Due: $5,652.90 Remit To: Intechra, LLC Payment Due Date 10/23/08 PO BOX 635498 Cincinnati, OH 45263 Terms None For billing inquiries, please contact your Client Services Representative or email clientservices@intechra.com Thank you for your continued business. Intechra Corporate - 42701-55 N Ste 101 Jackson, MS 39211 Tax ID# 68-0580574 Unit Summary Manifest Id: 110915 lunit class quantity 'passed 'failed 'weight 'total per unit fees 'total per pound fees 'total tax 'total value Apple Computer 1 0 1 25 $0.00 $7.50 $0.00 $0.00 Fax Machine 1 0 1 12 $0.00 $3.60 $0.00 $0.00 Memory 1 0 1 1 $0.00 $0.30 $0.00 $0.00 Mixed Other- Large 27 0 27 16,473 $0.00 $4,941.90 $0.00 $0.00 Mixed Other-Small 7 0 7 66 $0.00 $19.80 $0.00 $0.00 Network Hub 1 0 1 4 $0.00 $1.20 $0.00 $0.00 PC Computer 24 0 24 457 $0.00 $137.10 $0.00 $0.00 PC Monitor 7 0 7 218 $0.00 $65.40 $0.00 $0.00 Printer 10 0 10 190 $0.00 $57.00 $0.00 $0.00 Scanner 8 0 8 117 $0.00 $35.10 $0.00 $0.00 Server 1 0 1 40 $0.00 $12.00 $0.00 $0.00 Television 15 0 15 1,225 $0.00 $367.50 $0.00 $0.00 Typewriter 1 0 1 15 $0.00 $4.50 $0.00 $0.00 104 0 104 18,843 $0.00 $5,652.90 $0.00 $0.00 • Manifest Id: 110915 Cost Center: /�iT p �j PO Number: Reference#1: (I ILTrchrQ f ARS Number: Reference#2: Received: 10/21/2008 # Unit Id Unit Class Manufacturer Model Asset Tag Serial Number Class Oty Lbs. Per Unit Per Lb. EOL Lb. Fuel Tax Total Fees Notes Surcharge 1 16395467 Television Panasonic CT-32SX31E NO ASSET TAG 116395467 5 - 300 $90.00 $0.00 $0.00 $90.00 Salvage Only 2 16395468 Television THOMSON 19GT313C NO ASSET TAG 80034446613066 S 80 $24.00 $0.00 $0.00 $24.00 Salvage Only 3 16395470 PC Computer Intel INTEL NO ASSET TAG 116395470 _S 20 $6.00 $0.00 $0.00 $6.00 Below Tech Cut Line 4 16395469 Network Hub Cisco Systems CATALYST 26005ERIES NO ASSET TAG FAB0540Y2DU S 4 $1.20 $0.00 $0.00 $1.20 Salvage Only 5 16395471 Television Philips 32PT563537G NO ASSET TAG 7716116332PS60B S 90 $27.00 $0.00 $0.00 $27.00 Salvage Only 121 6 16395472 Television THOMSON F27242GY NO ASSET TAG 81230017626368 S 50 $15.00 $0.00 $0.00 $15.00 Salvage Only 7 16396397 PC Computer Gateway MINI DESKTOP NO ASSET TAG 0020112986 S 21 $6.30 $0.00 $0.00 $6.30 Salvage Only 8 16396396 PC Computer POWERSPEC PC COMPUTER NO ASSET TAG 202109981888 5 12 $360 $0.00 $0.00 $360 Salvage Only 9 16396391 PC Computer E-MACHINES T1220 NO ASSET TAG 0LM27E0011288 S 15 $4.50 $0.00 $0.00 $4.50 Salvage Only 10 16396392 Printer Hewlett Packard DESKJET 842C NO ASSET TAG CN03D1 NONBLB 5 13 $3.90 $0.00 $0.00 $3.90 Salvage Only 11 16396394 Printer Hewlett Packard HP PSC 1210 ALL-IN-ONE NO ASSET TAG MY32MB60FK5H S 12 $3.60 $0.00 $0.00 $3.60 Salvage Only 12 16396395 Mixed Other-Small NONE DVD PLAYER NO ASSET TAG 2803783 S 3 $0.90 $0.00 $0.00 $0.90 Salvage Only UNIT IS A DVD PLAYER 13 16396393 Mixed Other-Small SHARP VCR NO ASSET TAG 116396393 5 11 $3.30 $0.00 $0.00 $3.30 Salvage Only UNIT IS A VCR 14 16395473 Television THOMSON 27GT613 NO ASSET TAG 80087704227186 5 70 $21.00 $0.00 $0.00 $21.00 Salvage Only 15 16396408 PC Computer Compaq N/A NO ASSET TAG 6925CCK45271 5 19 $5.70 $0.00 $0.00 $5.70 Salvage Only 16 16396402 PC Computer Hewlett Packard PAVILION NO ASSET TAG 1-16396402 S 16 $4.80 $0.00 $0.00 $4.80 Salvage Only 17 16396410 PC Computer Hewlett Packard PAVILION NO ASSET TAG US01318231 S 18 $5.40 $0.00 $0.00 $5.40 Salvage Only 18 16396409 PC Computer E-MACHINES T2615 NO ASSET TAG QL23760400066 S 19 $5.70 $0.00 $0.00 $5.70 Salvage Only 19 16396400 Printer Xerox WORKCENTRE XD125F NO ASSET TAG 1-16396400 S 40 $12.00 $0.00 $0.00 $12.00 Salvage Only 20 16396401 PC Monitor Compaq 304U NO ASSET TAG 1-16396401 S 25 $7.50 $0.00 $0.00 $7.50 Salvage Only 21 16396407 PC Monitor Hewlett Packard D7480A NO ASSET TAG 1-16396407 S 23 $6.90 $0.00 $0.00 $6.90 Salvage Only 22 16396405 PC Monitor Mitsubishi FS66005ETK NO ASSET TAG 301007206 S 27 $8.10 $0.00 $0.00 $8.10 Salvage Only 23 16396404 PC Monitor MAGITRONIC C-SV1448 9410533 116396404 S 16 $4.80 $0.00 $0.00 $4.80 Salvage Only 24 16396413 Mixed Other-Large NONE POWER SUPPLY NO ASSET TAG 1-16396413 S 16 $4.80 $0.00 $0.00 $4.80 Salvage Only UNIT IS A POWER SUPPLY 25 16396398 Mixed Other-Small NONE VCR V 1-16396398 S 10 $3.00 $0.00 $0.00 $3.00 Salvage Only UNIT IS A VCR 26 16396399 Mixed Other-Small NONE VCR NO ASSET TAG TATT084203US S 10 $3.00 $0.00 $0.00 $3.00 Salvage Only UNIT IS A VCR 27 16396411 Television Philips CCC190AT31 NO ASSET TAG 16396411 S 47 $14.10 $0.00 $0.00 $14.10 Salvage Only 28 16396403 Television NONE 14"COLOR TV NO ASSET TAG KB2653103 S 17 $5.10 $0.00 $0.00 $5.10 Salvage Only 29 16396406 Television NONE 14"COLOR TV NO ASSET TAG 51427783 S 17 $5.10 $0.00 $0.00 $5.10 Salvage Only 30 16396412 Fax Machine Panasonic KX-FP151 NO ASSET TAG 1-16396412 S 12 $3.60 $0.00 $0.00 $3.60 Salvage Only 31 16396419 PC Computer Apple PERFORMA 6200CD NO ASSET TAG XB539D6Z55Z S 12 $3.60 $0.00 $0.00 $3.60 Salvage Only 32 16396415 PC Computer Dell DIMENSION 2100 NO ASSET TAG 6B6L311 S 18 $5.40 $0.00 $0.00 $5.40 Salvage Only 33 16396436 PC Computer Dell DIMENSION L400C NO ASSET TAG 6PJIV S 19 $5.70 $0.00 $0.00 $5.70 Salvage Only 34 16396606 PC Computer Dell OPTIPLEX 4100/LE NO ASSET TAG 40PCI S 20 $6.00 $0.00 $0.00 $6.00 Salvage Only 35 16396604 PC Computer Gateway G6-300 NO ASSET TAG 0010508511 S 30 $9.00 $0.00 $0.00 $9.00 Salvage Only 36 16396434 PC Computer Intel INTEL NO ASSET TAG HD110AEB00437 S 13 $3.90 $0.00 $0.00 $3.90 Salvage Only 37 16396607 PC Computer Intel INTEL NO ASSET TAG 116396607 S 20 $6.00 $0.00 $0.00 $6.00 Salvage Only 38 16396429 PC Computer KDS VS-195E NO ASSET TAG 0892206794 S 30 $9.00 $0.00 $0.00 $9.00 Salvage Only 39 16396605 PC Computer TATUNG TTE3156-01 NO ASSET TAG 08300191 S 20 $6.00 $0.00 $0.00 $6.00 Salvage Only 40 16396426 Printer Hewlett Packard LASEJET6P NO ASSET TAG SG6BG1P05JBL 5 15 $4.50 $0.00 $0.00 $4.50 Salvage Only 41 16396433 PC Monitor Dell 0 1626HT NO ASSET TAG 55347B04W7C7 5 60 $18.00 $0.00 $0.00 $18.00 Salvage Only 42 16396438 PC Monitor Dell P780 NO ASSET TAG MX06271R4774108 S 35 $10.50 $0.00 $0.00 $10.50 Salvage Only A31 L6 43 16396422 PC Monitor Hewlett Packard M70 NO ASSET TAG SM72601379 S _ 32 $9 60 $0.00 $0.00 $9 60 Salvage Only 44 16396430 Mixed Other-Large NONE SPEAKER NO ASSET TAG 85001826 5 20 $6.00 $0.00 $0.00 $6.00 Salvage Only UNIT IS A SPEAKER 45 16396431 Mixed Other-Large NONE POWER SUPPLY NO ASSET TAG 116396431 S 12 $3.60 $0.00 $0.00 $3.60 Salvage Only UNIT IS A POWER SUPPLY 46 16397111 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397111 S 745 $223.50 $0.00 $0.00 $223.50 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 47 16397112 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397112 S 680 $204.00 $0.00 $0.00 $204.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 48 16397113 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397113 S 900 $270.00 $0.00 $0.00 $270.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 49 16397114 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397114 _5 870 $261.00 $0.00 $0.00 $261.00 Salvage Only UNIT IS A 870 50 16396425 Scanner Hewlett Packard SCANJET 4300C NO ASSET TAG CN08R1116ODT 5 15 $4.50 $0.00 $0.00 $4.50 Salvage Only 51 16396432 Scanner Hewlett Packard SCANJET 4400C NO ASSET TAG SCN15X1C0J2BB S 10 $3.00 $0.00 $0.00 $3.00 Salvage Only 52 16396428 Scanner UMAX ASTRA 2100U NO ASSET TAG HAF0019BD047865 S 10 $3.00 $0.00 $0.00 $3.00 Salvage Only 53 16346427 Scanner PRIMAX COLORADO 600P NO ASSET TAG 013A008381 S 10 $3.00 $0.00 $0.00 $3.00 Salvage Only 54 16396437 Mixed Other-Small RCA CC415 NO ASSET TAG RT2380BK5503CA S 14 $4.20 $0.00 $0.00 $4.20 Salvage Only UNIT IS A VCR 55 16396420 Mixed Other-Small NONE VCR NO ASSET TAG R0033416816 S 10 $3.00 $0.00 $0.00 $3.00 Salvage Only UNIT IS A VCR 56 16396435 Mixed Other-Small ORION VR0420 NO ASSET TAG 054200403864 S 8 $2.40 $0.00 $0.00 $2.40 Salvage Only UNIT IS A VCR 57 16396421 Television Magnavox 27"TV NO ASSET TAG DN1A0525494394 S 30 $9.00 $0.00 $0.00 $9.00 Salvage Only 58 16396424 Television RCA AGR 120S NO ASSET TAG 848670740 S 200 $60.00 $0.00 $0.00 $60.00 Salvage Only 59 16396416 Television SANYO AVM-2756 NO ASSET TAG 1-16396416 S 42 $12.60 $0.00 $0.00 $12.60 Salvage Only 60 16396418 Television SANYO AVM-3258G NO ASSET TAG V20248500518 _S 125 $37.50 $0.00 $0.00 $37.50 Salvage Only 61 16396423 Television NONE 14"COLOR TV NO ASSET TAG 065310301595 S 17 $5.10 $0.00 $0.00 $5.10 Salvage Only 62 16396439 Memory NONE MEMORY NO ASSET TAG 116396439 S 1 $0.30 $0.00 $0.00 $0.30 Salvage Only 63 16397205 PC Computer Compaq PRESARIO 9232 NO ASSET TAG 6608HVB5O056 5 25 $7.50 $0.00 $0.00 $7.50 Salvage Only 64 16397210 PC Computer Dell DIMENSION XPS T800R NO ASSET TAG 50UGZ $ 25 $7.50 $0.00 $0.00 $7.50 Salvage Only 65 16397197 PC Computer Intel INTEL NO ASSET TAG 116397197 5 20 $6.00 $0.00 $0.00 $6.00 Salvage Only 66 16397208 PC Computer Intel INTEL NO ASSET TAG CA45O0FK S 20 $6.00 $0.00 $0.00 $6.00 Salvage Only 67 16397209 PC Computer Intel INTEL NO ASSET TAG 116397209 S 10 $3.00 $0.00 $0.00 $3.00 Salvage Only Page 1 of 2 L:\Agenda Packets\Agenda Packets 2009\1-January 2059\01-13-2009\Consent Item#E-Attachment-October 31,2008 Intechra report 110915_Settlement_Report_(Basic_Recycle).xls 1/5/2009 12:48 PM # Unit Id Unit Class Manufacturer Model Asset Tag Serial Number Class Qty Lbs. Per Unit Per Lb. EOL Lb. Fuel Surcharge Tan Total Fees Notes 68 16397199 PC Computer Sony PCV-1132 NO ASSET TAG 28550730 5 15 $4.50 $0.00 $0.00 $4.50 Salvage Only 69 16397195 PC Computer ETOWER 6331D NO ASSET TAG OCFOA80025912 S 20 $6.00 $0.00 $0.00 $6.00 Salvage Only 70 16397194 Printer Hewlett Packard DESKJET 820CSE NO ASSET TAG SG67H1900VBM S 15 $4.50 $0.00 $0.00 $4.50 Salvage Only 71 16397200 Printer Hewlett Packard PSC 2110X1 NO ASSET TAG MY35PF42H30F S 20 $6.00 $0.00 $0.00 $6.00 Salvage Only 72 16397198 Printer Epson STYLUS CX5200 NO ASSET TAG EP3E000731 S 25 $7.50 $0.00 $0.00 $7.50 Salvage Only 73 16397206 Printer Epson STYLUS PRO NO ASSET TAG 2EGE154282 S 20 $6.00 $0.00 $0.00 $6.00 Salvage Only 74 16397196 Printer Panasonic KX-P1124 NO ASSET TAG 9LMA0J99326 S 10 $3.00 $0.00 $0.00 $3.00 Salvage Only 75 16397207 Printer MICROTEK MSII-300P NO ASSET TAG 8100916141 S 20 _$6.00 $0.00 $0.00 $6.00 Salvage Only 76 16397115 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397115 S 99$ $298.50 $0.00 $0.00 $298.50 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 77 16397116 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397116 S 530 $159.00 $0.00 $0.00 $159.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 78 16397117 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397117 S 340 $102.00 $0.00 $0.00 $102.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 79 16397118 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397118 S 640 $192.00 $0.00 $0.00 $192.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 80 16397119 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397119 5 560 $168.00 $0.00 $0.00 $168.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 81 16397120 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397120 S 670 $201.00 $0.00 $0.00 $201.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 82 16397121 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397121 S 700 $210.00 $0.00 $0.00 $210.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 83 16397122 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397122 5 680 $204.00 $0.00 $0.00 $204.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 84 16397123 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397123 S 640 $192.00 $0.00 $0.00 $192.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 85 16397154 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397154 S 545 $163.50 $0.00 $0.00 $163.50 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 86 16397155 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397155 S 665 $199.50 $0.00 $0.00 $199.50 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 87 16397156 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397156 5 680 $204.00 $0.00 $0.00 $204.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 88 16397157 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397157 5 595 $178.50 $0.00 $0.00 $178.50 Below Tech Cut Line UNIT IS A MISELANEAS ELECTRONIC 89 16397158 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397158 S 685 $205.50 $0.00 $0.00 $205.50 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 90 16397159 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397159 S 655 $196.50 $0.00 $0.00 $196.50 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 91 16397160 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397160 S 720 $216.00 $0.00 $0.00 $216.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 92 16397161 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397161 5 715 $214.50 $0.00 $0.00 $214.50 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 93 16397162 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397162 S 935 $280.50 $0.00 $0.00 $280.50 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 94 16397163 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116397163 5 710 $213.00 $0.00 $0.00 $213.00 Salvage Only UNIT IS A MISELANEAS ELECTRONIC 95 16401089 Mixed Other-Large NONE MISC ELEC NO ASSET TAG 116401089 S 570 $171.00 $0.00 $0.00 $171.00 Salvage Only UNIT IS A MIX TV 96 16397203 Scanner Hewlett Packard SCANJET 5P NO ASSET TAG SG76J111JBDM S 20 $6.00 $0.00 $0.00 $6.00 Salvage Only 97 16397211 Scanner Hewlett Packard SCANJET IICX NO ASSET TAG 3418A97388 5 25 $7.50 $0.00 $0.00 $7.50 Salvage Only 98 16397202 Scanner Visioneer PAPERPORT 3000 NO ASSET TAG 116397202 S 12 $3.60 $0.00 $0.00 $3.60 Salvage Only 99 16397201 Scanner UMAX ASTRA 1220P NO ASSET TAG 116397201 S 15 $4.50 $0.00 $0.00 $4.50 Salvage Only 100 16397213 Server Intel INTEL NO ASSET TAG 116397213 S 40 $12.00 $0.00 $0.00 $12.00 Salvage Only 101 16397212 Typewriter Apple A2S2128 NO ASSET TAG 116397212 S 15 $4.50 $0.00 $0.00 $4.50 SALVAGE ONLY 102 16399140 Television Toshiba CX2779K NO ASSET TAG 50536458 S 60 $18.00 $0.00 $0.00 $18.00 Salvage Only 103 16399142 Television JVC AV-32950 NO ASSET TAG 14517801 S 80 $24.00 $0.00 $0.00 $24.00 Salvage Only 104 16397204 Apple Computer Apple POWER MACINTOSH NO ASSET TAG XB5520013FT S 25 $7.50 $0.00 $0.00 $7.50 Salvage Only 8500/120 04 18,843.00 $ - $ 5,652.90 $ - $ - $ - $ 5,652.90 TOTAL UNITS RECEIVED 43 TOTAL SYSTEMS/SERVERS RECEIVED 26 TOTAL PRINTERS/SCANNERS RECEIVED 10 TOTAL NOTEBOOKS RECEIVED 0 TOTAL MONITORS RECEIVED 7 TOTAL MISC PRODUCT RECEIVED 104 TOTAL END OF LIFE UNITS RECEIVED 104 TOTAL UNITS REMARKETED 0 TOTAL$REMARKETED TOTAL FUEL SURCHARGE $ - TOTAL TAX $ - Page 2 of 2 L:\Agenda Packets\Agenda Packets 2009\1-January 2009\01-13-2009\Consent Item#E-Attachment-October 31,2008 Intechra report 110915_Settlement_Report_(Basic_Recycle).xls 1/5/2009 12:48 PM CERTIFICATE OF INDEMNIFICATION FOR DATA DESTRUCTION AND RECYCLING MANIFEST NUMBER: 110915 MIKE SFERRA 949 HENSLEY LN DATE RECEIVED: 10/21/08 WYLIE,TX, 75098- This Letter of Certification is provided to W025/CITY OF WYLIE(the"Customer")as assurance of the destruction/recycling or the erasure of data from software and electronic storage devices and/or the destruction and recycling of electronic equipment or components in connection with the Manifest number listed above and under the terms and conditions of Customer's written agreement("Agreement")with Intechra LLC("Intechra"). Data Erasure and Software Destruction lntechra acknowledges receipt of the Material listed on the Manifest number above. For equipment and Material that will be destroyed or recycled, Intechra certifies that all non- functioning data storage devices have been or will be destroyed making it impossible to recover any data from the device and will be handled in accordance with applicable Federal, State, and Local laws and regulations. Intechra further acknowledges that all data on functional storage devices has been or will be erased according to Department of Defense 5220.22M standards or according to the method agreed to in writing with the Customer. Material Destruction and Recycling Intechra certifies that all Material listed on the above manifest number and marked for destruction and/or recycling has been or will be destroyed and recycled or otherwise disposed of in accordance with applicable Federal, State and Local laws and regulations. Indemnification Intechra will indemnify, defend and hold harmless the Customer, in the manner described and as set forth in the Customer's written Agreement with lntechra, from removal or remediation costs, expenses and/or liabilities under the Comprehensive and Environmental Response, Compensation and Liability Act, 42 U.S. Sec. 9601, et seq., and/or other laws stated in the Agreement, arising from the disposition of Materials obtained from the Customer under the above Manifest number. Additionally, Intechra will indemnify, defend and hold harmless the Customer, in the manner described and as set forth in the Customer's written Agreement with Intechra, from costs, expenses and/or liability that may arise from any validated claim of recovered data or software improperly distributed due to Intechra's resale or destruction of the Material(s)obtained from the Customer under the above Manifest number. This indemnification shall not apply with respect to any liability or expense arising in conjunction with any Material provided by the Customer to Intechra that is not authorized under the Agreement. Capitalized terms used, but not defined herein, shall have the respective meanings ascribed in INTECHRA LLC By: 0.164:e• Chip Slack, CEO Unit Summary -October 2008 Current Vendor unit class 'quantity !weight 'total per unit fees 'total per pound fees ' I Apple Computer 1 25 $0.30 $7.50 Fax Machine 1 12 $0.30 $3.60 Memory 1 1 $0.30 $0.30 Mixed Other- Large 27 16,473 $0.30 $4,941.90 Mixed Other- Small 7 66 $0.30 $19.80 Network Hub 1 4 $0.30 $1.20 PC Computer 24 457 $0.30 $137.10 PC Monitor 7 218 $0.30 $65.40 Printer 10 190 $0.30 $57.00 Scanner 8 117 $0.30 $35.10 Server 1 40 $0.30 $12.00 Television 15 1,225 $0.30 $367.50 Typewriter 1 15 $0.30 $4.50 104 18,843 $5,652.90 Unit Summary -October 2008 Proposed Vendor unit class quantity 'weight {total per unit fees 'total per pound fees I Apple Computer 1 25 $0.15 $3.75 Fax Machine 1 12 $0.15 $1.80 Memory 1 1 $0.15 $0.15 Mixed Other- Large 27 16,473 $0.15 $2,470.95 Mixed Other-Small 7 66 $0.15 $9.90 Network Hub 1 4 $0.15 $0.60 PC Computer 24 457 $0.15 $68.55 PC Monitor 7 218 $5.00 $35.00 Printer 10 190 $0.15 $28.50 Scanner 8 117 $0.15 $17.55 Server 1 40 $0.15 $6.00 Television 15 1,225 $10.00 $150.00 Typewriter 1 15 $0.15 $2.25 104 18,843 $2,795.00 7A1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: G Department: Planning (City Secretary's Use Only) Prepared By: Renae 011ie Account Code: Date Prepared: 12/26/08 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a Replat for First Church of the Nazarene, Block A, Lot 1. Subject property located south of State Highway 78 and 1,530 feet east of Kreymer Lane. Recommendation Motion to approve a Replat for First Church of the Nazarene, Block A, Lot 1. Subject property located south of State Highway 78 and 1,530 feet east of Kreymer Lane. Discussion The applicant is proposing a Replat of Wylie Ranch Estates Commercial Park, Lot 8. This revision to the original plat is to accommodate the redevelopment of the property including dedication of fire lanes and cross access easements and the abandonment of a 75 foot building setback line This property was originally developed while beyond the City of Wylie's corporate city limit boundaries. The property was annexed into the City in 1986. Since the late 1970's through early 2007 the property has been used for light manufacturing and other commercial uses. The current applicant proposes to redevelop the property for Church/House of Worship uses. A site plan was approved by the Commission December 16, 2008. The Replat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 5-0 to recommend approval. Approved By Initial Date Department Director RO 12 26/08 City Manager nl l '\ 1 /e9 1 '( Page 1 of 1 11IoA3AWIS ONV I A L.L3.-I Tr ..... ��1% I1� 03uw13es 30.12w3eloaaol lo10N JI.W Ali 71 01 A 54'�nl0tou0lo'Tk p'lm�095R�+v 9aiig nra stl LITEv9 ,Ts f• 903 �N .N95 Slae 0 M0 n.0 9 XL 9 AM I 10A1v1d031P100311308 3AI IiMVW O tl3� �� to i• pze, 31w npN.'o 0u ppS»w�d&urwunJ w .amuvwi rw3im�u 'rvll 3N - 2VN 3N1 JOtl N0tl0tl0 19tl -1 Ip AS - S31aN V 0 � .8tl3NM0 A9v131VO9011.dVtl0 , 1�'.'�9�, a 00 09 0 _--_— J1'Ml /.KKAMi _—d —. — 0„,,,Zd,M, 9002 'el tl39V13AON it�I f N- SrN31 'A1N000 1111100 '311 AM 40 A110 1I ",91 — -.- - —— - -—— -I -- 999-V A30009 VNId Vl 30 I,I7■■ iI('1'6 199'91) 93900 t4 I V . 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Nw 1p -.me90.a3w1 .lt•Ofl 3..oe.ae De N u.WAui •w u.Eudfrl:a4:3=pp'11'M.3O,=,,y a owwa, e+ J,4125 � N.I..N.YM mgaSN.Av..I.WN am pi Loma= w•�7314,1 -a 1,13638d 39.1AG NMI TN MONN 39033tl3111 MON µNm.nq uou e+wp pynnl µ+ �9p0 31v01311.30000100005 .1611.0 Alrfg1 l 4..e'a'NNW ryl0e3.04:mv'3�Na4iae wY101wwd o"rB 0313031v16 A-p'.Lea N11.. 31V01411930993NM0 - - - —02A'VMN9 H/-31Vt3 - jtvl Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: December 5, 2008 Budgeted Amount: Exhibits: 1 Subject Hold a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance 2001-48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity-generating appliances. ZC2008-12 Recommendation Motion to amend Zoning Ordinance No. 2001-48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity-generating appliances. Discussion In an effort to provide for alternative renewable energy, staff is proposing wind powered sources as a means of providing alternative energy sources to the residents within Wylie, and to allow safe, effective and efficient use of such systems. A wind turbine, as they are sometimes called, is a machine designed to convert kinetic energy in the wind to mechanical or electrical energy, for the primary purpose of on-site use and not for resale or transmission off-site. Wind energy conversion systems include a tower and all directly connected facilities and associated control equipment,but not including any wired connections stemming from the tower. The proposed amendment would allow wind turbines in all districts based on specific regulations and would be classified as an accessory structure. The proposed text amendment would limit the height of such structures as well as clearly define the design and permitting requirements. Height requirements shall be no more than 60' within residential and commercial districts and 100' in industrial districts. The ordinance regulates the setbacks for windmills/turbines as at least 125% of the tower's height The Ordinance sets forth the design requirements of wind powered systems within all district and limits the noise level to 60dB at any point along the property line. The Ordinance will further outline the submittal process required to obtain a permit to construct all wind powered systems. In addition to making application for a building permit for a Wind Powered System a site plan along with elevations shall also be submitted to the Planning Department. A property owner with a valid permit to operate a wind powered system must submit to the Building Inspection Department every other year from the date of original permit a letter prepared by a Professional Engineer Page 1 of 2 Page 2 of 2 registered in the State of Texas, stating that the wind powered system continues to meet current electrical and structural requirements as set forth in this Ordinance. Any owner's permitted wind turbine that becomes inoperable for six (6) months will be notified by the Code Enforcement Department that the owner has three (3) months from the notice date to restore or remove the system. Although the state does not have a program at this time that provides funding of renewable energy equipment on an individual basis, there are tax exemptions available in certain instances. For example businesses that either use or manufacture or install wind energy generators can receive franchise tax deductions and/or exemptions. There also exists a property tax exemption involving wind energy generation for business installation or for the construction of such systems. Texas residents can also check with their local utility providers, as some have energy efficiency programs that offer low cost loans/rebates and advice on renewable energy technologies. http://www.seco.cpa.state.tx.usre wind-incentives.htm for Texas Wind Energy Incentives. Planning& Zoning Commission Discussion: The Commission discussed at length the need or lack of need to regulate the number of kilowatts allowed. The height of the towers would dictate the amount of kilowatts necessary. The larger the tower, the higher the kilowatts used. By limiting the height to 60 feet in residential/commercial and 100 in industrial, the kilowatts would be kept low. It was therefore concluded that the Commission was not as concerned with the number of kilowatts used as it was with the height remaining at 60' and 100' and restricting the sound level. The Commission also discussed the need to implement a shutoff switch for the towers. The ordinance would impose a mandatory automatic shutoff mechanism be installed on each tower. The wind powered system would shut off automatically during utility outages to protect utility line workers and will not energize a dead power line. In addition, they will automatically shut down during extreme wind speeds as defined by the National Renewable Energy Laboratory (NREL) and in compliance with IEEE 929 & 1547 and UL1741. All towers that meet the proposed ordinance would be allowed by right. If an applicant wishes to install a tower taller than that specified in the ordinance they would have to obtain a specific use permit in accordance with Article 5, Section 5.4. Text Amendments are only required to be notified 15 days prior to the public hearing in the official newspaper of the City. This requirement has been met. Approved By Initial Date Department Director RrnO 12/11/08 City Manager Y '1 t f Gael [Formatted:Right r SECTION 2.5 REGULATIONS APPLICABLE TO ALL DISTRICTS A. APPLICABILITY 'Formatted:Numbered+Level: 1+ Theiegulations in this Section shall apply to all zoning districts in this ordinance,as at: 1+rg Alignment:Style:A, B,C,...+Start at: 1 Left+Aligned at: amended, 0.25"+Tab after: 0.5"+Indent at: 0.5",Tabs: 0.75",List tab+Not at 0.5" B. GENERAL, (Deleted:following Formatted:Header,Left,Indent: 1. No land or structure Lbuildingj shall be used, nor intended for any use, First line: 0" other than those uses permitted in the district where the land or structure (Deleted:: [building] is located. Formatted:Font: 11 pt,No 2. No structure [building] shall be erected, reconstructed, enlarged, underline structurally altered, or moved in such a manner as to evade conformity (Formatted:Bullets and Numbering with height,bulk, lot area, use and other regulations for the district where the structure fly is located. (Formatted:Indent:Left: 0.75" j 3. No yard provided adjacent to a structure [building] for the purpose of Formatted:Indent:Left: 0.5" complying with provisions of this Zoning Ordinance,as amended, shall be Formatted:Header,Left,Numbered considered as providing any part of a yard for another building or sturcture +Level: 1+Numbering Style:A,B, on the same lot or on an adjacent lot. c,...+Start at: 1+Alignment:Left +Aligned at: 0.25"+Tab after: ' 0.5"+Indent at: 0.5",Tabs: 0.75", List tab+Not at 0.5" ~ (Deleted:BUILDINGS 1 C. ACCESSORY,ST RUCT U RES Formatted:Indent:Hanging: 0.2", 1. Attached accessory,Structures shall conform to the regulations applicable to the' Numbered+Level:1+Numbering main buildingto which theyare attached. Attached structure are defined as anyStyle:lig a1,t:L,...+Start at: 1+ � Alignment:Left+Aligned at: 0.5"+ ,structure sharing a common roof with the primary structure. Tab after: 0.95"+Indent at: 0.95" 2. petached accessory structures,shall be subject to all of the following regulations, (Deleted: buildings in addition to any other applicable regulations of this chapter.NOTE:Accessory (Deleted:buildings ,structures in AG/30 zoning districts directly associated with the support of a bona (Deleted:building fide private agricultural use of the property and those structures associated \'ilh [Formatted:Font:Times New Roman the private generation of electrical power have some differentiating requirements which are noted under separate,headings below as necessary. Formatted:a : 0.2",Spaceed, BIefore: Hanging: Space Before: 6 pt, a. Number of„Structures: Numbered+Level: 1+Numbering Style: 1,2,3,...+Start at:1+ (1) No more than two (2) accessory structures,may be placed on any Alignment:Left+Aligned at: 0.5"+ residential or commercial lot. Tab after: 0.95"+Indent at: 0.95", (2) AG/30:The number of accessory,structures that maybeplaced on an Tabs: 1",List tab+Not at 0.75"+ 0.95" AG/30 lot is limited by lot coverage(see 4.b.2.b). (Deleted:buildings Deleted:buildings b. Lot coverage: (Deleted:ly under the various (1) The combined floor area of all accessory structures,shall not exceed Deleted:Buildings five(5) percent of lot coverage or sixty (60)percent of the primary r structure, whichever is less. In no case shall the combined area of Deleted:buildings 1 the primary structure and accessory structure,4s) exceed the (Deleted:buildings maximum percentage of lot coverage allowed for the zoning district [Formatted:Justified on which the structures are placed. (Deleted:buildings [Deleted:building , (2) AG/30: Barns and/or stables shall be limited in area to ten (10). -LFormatted:Bullets and Numbering percent of lot coverage. —, Formatted:Bullets and Numbering c_Setback Requirements: Deleted:buildings f (Deleted:building (1) Street: Accessory strucutres shall not extend beyond a platted front, side or rear building line adjacent to a street. If no building line Deleted:budding . ng exists adjacent to a street on an approved plat,the structure,shall not CCIeleted: be located closer than ten(10)feet from the property line. Deleted:1)(1illriig, (2) Easement: No accessory structure, shall be located within any [Deleted:d easement. (Deleted:buildings (3) front: Accessory,structures shall not be located closer to the front C Deleted:building property line than the main building or the front yard setback Deleted:building requirement for that zoning district,whichever is greater. Deleted:building (4) ,,Side:Accessory,structure shall not be located closer than five(5)feet I -- - to the side property line when the accessory structure, is located to c behind the main building. When the accessory structure,is located in (,Deleted building the side yard,the setback for the accessory structure,,will be the same ' (Deleted:buildings j as the setback requirement for the main building. Deleted:f.. (5) „tear: When the accessory structure;is a garage or carport with rear [Deleted:buildings f access,the rear setback shall be a minimum of twenty(20)feet from Deleted:g. the property line. All other accessory structures,shall not be located closer than five(5)feet to the rear property line. Formatted:Justified o-- Inde L (6) other Structures-Accessory structures,other than carports,shall not Formatted: 0.3",Numberedbe: + 0.95",Hanging: 0 3", + be located within five(5)feet of any other structure. Level:1+Numbering Style:a,b,c, :Barns stablesshall belocated and/or not ocate within fiftyl+Start at:1+Alignment:Left+ (7) AG/30 50� �feet Aligned at: 0.95"+Tab after: 1.1" of any property line or dwelling. +Indent at: 1.15",Tabs: 1.25",List tab+Not at -0.42"+ 1"+ 1.1" d. Roof: Deleted:buildings (I) The minimum roof slope for all accessory structure shall be 3:12, Deleted:building unless the accessory ,structure is prefabricated, pre-finished, and Deleted:b_ covers less then two(2)percent of the lot or is a carport. Deleted:building (2) F'he color and materials of the roof of the accessory,structure must Deleted:building closely resemble the color and materials of the roof of the main Deleted:building structure, unless the accessory „structure is prefabricated, pre- ' Formatted:Font:(Default)Times finished, and covers less then two (2) percent of the lot or is a New Roman Carport` (Formatted:Font:Times New Roman j e. Exterior Walls: .f Formatted:Font:(Default)Times (1) "Accessory,,Structure covering less than two(2)percent of the lot are • New Roman required to be constructed with exterior walls composed of metal ---- Deleted:buildings with a baked-on enamel or vinyl finish,vinyl,wood,structures that is Formatted:Font:(Default)Times prefinished and prefabricated, composite masonry facade, or the New Roman same masonry content required of the main structure. [Deleted:building (2) Accessory„Structures covering more than two (2) percent of the lot Formatted:Font:(Default)Times are required to be constructed with exterior walls composed of (New Roman composite masonry facade material or the same masonry content (Deleted:b.. J required of the main structure. (Deleted:buildings Formatted [...I11 (3) AG/30: Barns and stables located on property zoned Agricultural -(Deleted:c. '(AG/30) are exempt from the masonry requirement for exterior walls. (4) ,No pressure treated wood is permitted as exterior fmish. Deleted:d.- Formatted:Justified f Height: • Formatted:Indent:Left: 0.95", Hanging: 0.3",Numbered+Level:1 (1) Accessory,structures shall be limited to a height of not more than +Numbering Style:a,b,c,...+Start fourteen(14)feet, at:1+Alignment:Left+Aligned at: 0(2) AG/30:Accessorystructure shall be limited to a height of not more 1.15"+Tab after: 1.1"+Indent at: S, g `1.15",Tabs:Not at 1"+ 1.1" than twenty(20)feet, (Deleted:buildings Deleted: to the top of the roof g. Notes: ' (Deleted:buildings i ,AG/30: Commercial equestrian or rodeo arenas whether enclosed,partially Deleted: to the top of the roof enclosed, or open air shall require a Specific Use Permit as provided in I Formatted:Bullets and Numbering j section 5.4"Special Use Permits"of this ordinances Formatted:Font:Times New Roman, 11 pt D. WIND POWERED SYSTEMS Formatted:Font:(Default)Times New Roman Wind Powered Systems may exist only as a secondary use.A Wind Powered System' [Formatted:Font:Times New Roman may not be erected on a lot until a primary structure has been constructed. 'Th Formatted:Font: 11 pt 1 Formatted:Header,Left,Numbered 1. Size limitations +Level: 1+Numbering Style:A,B, C,...+Start at:1+Alignment:Left a. Wind powered systems will be limited to no more than 60 feet in total' +Aligned at: 0.25"+Tab after: height within Residential or Commercial districts and 100 feet in Industrial 0.5"+Indent at: 0.5",Tabs: 0.75", districts. List tab+Not at 0.5" } b. An applicant desiring to install a wind powered system greater than the Formatted:Indent:Lob: 0.ts", Space Before: 6 pt, No bullets or height limitations as specified by this ordinance shall be required to submit numbering application for a Specific Use Permit in accordance with Section 5.4 of the Formatted:Justified,Indent:Left: Zoning Ordinance. 0.75",Hanging: 0.5",Space Before: c. Wind powered systems including windmills and/or wind turbines shall be 3N pt,Numbered+.Level: 1+ setback from all boundaries of anylot or habitable structure bya distance at: 1+Ag Style:: e,3,Aligned +start at: 1+Alignment:Left+A at: equal to at least one hundred twenty-five percent (125%) of the tower's 1"+Tab after: 1.15"+Indent at: height, as measured from average natural ground level, to the top of the 1.2",Tabs: 1",List tab+Not at hub above such ground level. 1.15"+ 1.25" Formatted:Style2,Justified,Indent: d. Applicants wishing to install towers greater than those specified in Left: 1",Hanging: 0.38",Numbered subsection b.above, must request a specific use permit in accordance with +Level:3+Numbering Style:a,b, Article 5,Section 5.4 of the Zoning ordinance. c,...+Start at: 1+Alignment:Left +Aligned at: 1.38"+Tab after: 2. Design Requirements 1.83"+Indent at: 1.83",Adjust n a. Wind Powered System shall be installed according to the manufacturer's' Adjus betwee b Lateen Asiane text, Adjust space betwween Asian text and recommendations and under the seal of a professional engineer registered numbers,Tabs: 1.38",List tab+Not by the State of Texas. Wet stamps are required for systems greater than at 1.83" 20kw. [Formatted L I21, b. All wind powered systems are limited to 60dB at any point along the" (Formatted l—I31') property line. (Formatted _-L1. c. The tower shall be a monopole type without guy wires. [Formatted:Font:Times New Roman Formatted:Font:Times New Roman d. The color of all wind powered systems shall be non-reflective and of neutral tones or of earth tones such as subdued green or brown. Grey, including naturally darkening galvanized grey, is also an acceptable neutral tone. Wind powered systems shall not be finished in bright or vivid colors intended to draw attention to the structure. e. Multiple wind powered systems are allowed on any lot, provided they are separated by a distance equal to at least the height of the tallest such tower, as measured from average natural ground level to the highest point of the wind blades'elevation above such ground level. f. Lighting. All lighting not required by Federal Aviation Administration (FAA)regulations is prohibited. g. Signs. There shall be no signage on the tower structure or any rotor blade other than those required by National Codes or Manufacturers requirements. h. Safety shutdown: The system must be equipped with both manual and automatic controls to limit the rotational speed of the blades within the design limit of the rotor and to shutdown during high wind speeds in excess of 60 mph or in the event the grid shuts down. • Formatted:Style2,Justified,Indent: Left: 1.25",Adjust space between 3. Required Plans and Specifications Latin and Asian text,Adjust space In addition to the submittals otherwise required upon making application for a between Asian text and numbers, Tabs: 1.25",List tab buildingpermit,the application for a building permit for a Wind Powered System must be accompanied by a site plan. a. A site plan of the proposed Wind Powered System shall include: (1) A survey or scaled drawing of the site on which the proposed Wind Powered System will be constructed. (2) The location of the Wind Powered System in regards to the property on which the system will be constructed. (3) All components of the system including the distance of the system to the property lines: required setbacks: existing structures on the site: natural features such as watercourse and trees. b. Elevation drawings shall include: (1) The design and height of the proposed Wind Powered System; (2) Detailed drawings of all system components. 4. Permitting Requirements a. Small wind turbines must have been approved under the Emerging {Formatted:Font:limes New Roman Technologies program of the California Energy Commission or any other small wind certification program recognized by the American WindFormatted:Font:Times New Roman Energy Association. Formatted:Justified,Indent:Left: 1",Hanging: 0.38",Space Before: 3 b. Compliance with Uniform Building Code: Building permit applications' pt,Numbered+Level: 1+ for wind systems shall be accompanied by standard drawings of the Wind Numbering Style:a,b,c,...+Start Powered Systems includingthe tower, base and footings. An engineeringat:. 1+Tab Alignment:fter L0ft+Aligned at: g 1.6"+ after: 2.05"+Indent at: analysis of the tower showing compliance with the Uniform Building Code 2.05",Tabs: 1.38",List tab+Not at or International Building Code and certified by a licensed professional 1.25"+ 2.05" Formatted:Font:Times New Roman engineer registered by the State of Texas shall also be submitted. Wet liormatted:Font:Times New Roman 1. stamps shall be required for systems greater than 20kwc-- - -- (Formatted:Font:Times New Roman f c. Compliance with FAA Regulations: Wind Powered Systems. must Formatted:Font:Times New Roman comply with applicable FAA regulations. including any necessary Formatted:Font:Times New Roman approvals for installations close to airports. d. Compliance with National Electric Code: Building permit applications (Formatted:Font:Times New Roman J for Wind Powered Systemssshall be accompanied by a line drawing of the --(Formatted:Font:Times New Roman electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code and UL1741. e. Utility Notification: No Wind Powered System, shall be installed until Formatted:Font:Times New Roman evidence has been given that the utility company has been informed of the -_. Formatted:Font:Times New Roman customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. 5. Maintenance and Abandonment • Formatted:Style2,Justified,Indent: Left: 0.75",Hanging: 0.25", a. A property owner with a valid permit to operate a wind powered system Numbered+Level: 1+Numbering must submit to the Building Inspection Department every other year from Style: 1,2,3,...+Start at:1+ the date of original permit a letter prepared by a Professional Engineer Alignment:Left+Aligned at: 1"+ registered in the State of Texas, statingthat the windpowered system Tab : 1",List1. t"+Indent at: 5" g Tabs: 1", tab+Not at 1.15" continues to meets current electrical and structural requirements as set forth in this Ordinance. b. A Wind Powered System that has become unstable, leans significantly out of plumb, or that poses a danger of collapse shall be removed or brought into repair within 60 days following notice by the Building Official to the owner of the lot upon which the System is located. The Building Official may order immediate repairs in the event of imminent collapse. Failure to make the required repairs within the time provided is an offense. c. If the owner of a Wind Powered System plans to abandon or discontinue, or is required to discontinue, the operation of the System, the owner shall notify the Building Official by certified U.S. mail of the proposed date of abandonment or discontinuation. Such notice shall be given no less than thirty(30)days prior to abandonment or discontinuation. d. In the event that an owner fails to give such notice, the Wind Powered System shall be considered abandoned if the Wind Powered System is not operated for a continuous period of six(6)months. (1) Upon abandonment or discontinuation of use,the property owner shall physically remove the Wind Powered System within ninety (90) days from the date of abandonment or discontinuation of use. (2) "Physically remove" includes, without limitation, the actual, complete removal of the tower,turbine and all other components of the Wind Powered System from the site of the original installation. ,SECTION 10.2 WORDS AND TERMS DEFINED (Formatted:Font:Bold — Wind Powered System means a machine designed to convert kinetic energy in the wind to --- Formatted:Font:Bold mechanical or electrical energy, for the primary purpose of on-site use and not for resale or -- [Formatted:Font: 11 pt,Bold transmission off-site. Wind energy conversion systems include a tower and all directly connected Formatted:Font:Not Bold facilities and associated control equipment, but not including any wired connections stemming from the tower. 4 Formatted:Font:Times New Roman Formatted:Style2,Justified ' -, �SKVSTRAM37 . A revolutionary residential power appliance for utility-connected homes. • Quiet operation • vironment • Designed Blendsinto forthe loneng life • Low cost of energy • Rated at 1.9 kW continuous, 2.6 kW peak L 1 Ij � j. J. L'. j N Iliirr S 1ar Wind ` ` '�' TECHNOLOGIES �" a ae ; k w i r r it w ,w+r"r f .,4 I 1- ,,, 972-727-6809 � r,. 5 ., g � a www.SolarWindTEC.com ` SHVSTR ::AM 33 1.9 KW RESIDENTIAL POWER APPLIANCE Skystream 3.7 is a breakthrough in a new generation of RPAs (Residential Power Appliances) that is changing the energy landscape of how homes and small businesses receive electricity. Skystream is the first fully integrated system that produces energy for less than the average cost of electricity in the United States and it produces usable energy in exceptionally low winds. �I Skystream is available on towers ranging from 33 feet (10.2 m) to 110 ;^ feet (33.5 m 2 tall. Its universal inverter deliverspower compatible with = ) p , any utility grid from 110-240 VAC. Skystream efficiently and quietly ter; provides 40-90%of the energy needs for a home or small business. Any extra energy is fed into the grid spinning the meter backward.3 POWER 2.5 --®�-- 3 2.0 •- - Made in the USAN fip� w€ 3 11..50 r„ r a< am - Technical Specifications 0 mPE 0 11 22.3 33.5 44.75 60 67.1 Model Skystream 3.7 mis 0 5 10 15 20 25 30 Wind Speed Rated Capacity 1.9 kW continuous output, Data measured and compiled by USDA-ARS Research Lab.Bushland,TX 2.6 kW peak Weight 170 lb(77 kg) Rotor Diameter 12 ft(3.72 m) MONTHLY ENERGY Swept Area 115.7 ft2(10.87 m0) 900 a 800 - Type Downwind rotor with stall y 700 regulation control w y 600 500 Direction of Rotation Clockwise looking upwind E a 400 c 5 300 Blades 3-Fiberglass reinforced composite 2 O 200 100 Rated Speed 50-325 rpm 0 mpn 5.6 7.9 10 12.3 14.5 16.8 19 21.2 23.5 24.6 Maximum Tip Speed 216.5 ft/s(66 m/s) mi: 2.5 3.5 4.5 5.5 6.5 7.5 8,5 9.5 10.5 11 Average Annual Wind Speed Alternator Slotless permanent magnet brush less Yaw Control Passive Grid Feeding Southwest Windpower inverter 120-240 VAC 50-60 Hz FIVE YEAR WARRANTY clus C E Battery Charging Battery sensor available for battery charging systems Braking System Electronic stall regulation with Southwest Wind power redundant relay switch control 1801 W. Route 66 928.779.9463 Flagstaff, AZ 86001 USA www.skystreamenergy.com Cut-in Wind Speed 8 mph(3.5 m/s) Makers of Skystream 3.7`'/AIR/Whisper Rated Wind Speed 21 mph(9.4 m/s) User Control Wireless 2 way interface 1.Based on a 12 mph(5.4 m/s)wind and utility energy cost of$.09/kWh remote system 2.Taller towers are available 3.Assuming the Skystream 3.7 is producing more energy than the load is Survival Wind Speed 140 mph(63 m/s) consuming Warranty 5 year limited warranty 4 Printed on recycled paper using vegetable inks. 3-CMLT-1338-01 REV 0 3-08 7; Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: 2 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: December 15, 2008 Budgeted Amount: Exhibits: Three Subject Conduct a Public Hearing for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Ave. Recommendation Conduct Public Hearing only. No action is necessary. Discussion This annexation is at the request of the property owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave within the Extraterritorial Jurisdiction (ETJ) of Wylie. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings in which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings December 31, 2008 & January 14, 2009 First Public Hearing January 13, 2009 Second Public Hearing January 27, 2009 Adoption of Ordinance February 10, 2009 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Approved By Initial Date Department Director RO 12/16/08 City Manager /14t ► \ i Da Page 1 of 1 CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA MCCREARY ROAD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: February 10, 2009 ACREAGE ANNEXED: 7 acres SURVEY, ABSTRACT & COUNTY: Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS I. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. • Exhibit A BEING a tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, and being a part of a tract of land described in a deed to Fred Ronald Mobbs and Jean Mobbs recorded in Volume 1731, Page 385 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod found on the Gast right of way line of Ballard Street (60 foot right of way) being the Northwest corner of said Mobbs tract as described in the aforementioned deed and currently being the Northwest corner of a tract of land described in a deed to East Fork Special Utility District recorded in Clerk's File No. 2000-0041889 of the Deed Records of Collin County, Texas; THENCE South with said East right of way line, a distance of 247.00 feet to a 1/2" iron rod found with cap being the Southwest corner of said East Fork Special Utility District tract and the POINT OF BEGINNING of the herein described tract; THENCE North 89 degrees 55 minutes 00 seconds East, with the South line of said East Fork Special Utility District tract, a distance of 480.00 feet to a 1/2" iron rod found with cap being the Southeast corner of said East Fork Special Utility District tract for an ell corner of this tract; THENCE North with the East line of said East Fork Special Utility District tract, a distance of 247.00 feet to a 1/2" iron rod found on the North line of said Mobbs tract being the Northeast corner of said East Fork Special Utility District tract for the most Northerly Northwest corner of this tract; THENCE South 89 degrees 57 minutes 56 seconds East, with the North line of said Mobbs tract, a distance of 1048.06 feet (deed calls North 89 degrees 56 minutes East) to a point, from which a fence corner post bears South 82 degrees 41 • minutes 27 seconds East, a distance of 1.19 feet, said point being the Northeast corner of said Mobbs tract and being the Northwest corner of a tract of land described in a deed to Raymond B. Cooper, recorded in Volume 2819, Page 861 of the Deed Records of Collin County, Texas; THENCE South 00 degrees 05 minutes A0 seconds East, with the West line of said Cooper tract, a distance of 277.00 feet to a 1/2" iron rod found on the South line of said Atterberry Survey and the North line of the D.W. Williams Survey,. Abstract No. 980, being the Southeast corner of said Mobbs tract and being the Southwest corner of said Cooper tract and being the Northwest corner of a tract of land described in a deed to Raymond B. Cooper recorded in Volume 1326, Page 238 of the Deed Records of Collin County, Texas and being the Northeast corner of a tract of land described in a deed to Verna May Poor and Michael Ray Poor recorded in Clerk's File No. 99-0055923 of the Deed Records of Collin County, Texas; • THENCE North 89 degrees 58 minutes 17 seconds West, With the South line of said Mobbs tract, a distance of 1101.72 feet (deed calls South 89 degrees 56 minutes West, a distance of 1101.10 feet), to a 1/2" iron rod found being the Northwest corner of said Poor tract and being the Northeast corner of a tract of land described in a deed to Mary Elanor Stone Howrey recorded in Volume 531, Page 695 of the Deed Records of Collin County, Texas; THENCE South 89 degrees 55 minutes 00 seconds West, with said South line, a • distance of 426.74 feet (deed calls 427.36 feet) to a 1/2" iron rod set with • cap stamped "Precise Land Surv." on the aformentioned East right of way line • being the Southwest corner of said Mobbs tract and being the Northwest corner of said Howrey tract; THENCE North with said East right of way line, a distance of 30.00 feet to the • POINT OF BEGINNING, CONTAINING 304,826 square feet or 6.998 acres of land. - - � - - ' I 10 q �`11`Q QG P0)* 10 i 1 I I I p dd 1 ! 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N- I , � ,� , Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: 3 (City Secretary's Use Only) Department: Fire Prepared By: Noe Flores Account Code: Date Prepared: December 15, 2008 Budgeted Amount: Exhibits: Subject Consider, and act upon, authorizing the City Manager to negotiate an agreement for Wylie's Public Safety Communications System, including the installation of infrastructure to support the system. Recommendation Motion authorizing the City Manager to negotiate an agreement for Wylie's Public Safety Communications System, including the installation of infrastructure to support the system. Discussion RCC collected current information of the existing radio systems that serve the cities of Plano, Allen, and Wylie. RCC conducted several on-site user interview sessions to determine the two-way radio requirements that must be met any new or upgraded system that will serve the participating agencies in Plano, Allen, and Wylie. RCC developed conceptual system alternatives for the replacement of the current systems. RCC consultant presented an assessment of the two-way radio communication systems that serve the public safety departments and other entities that operate within the cities of Plano, Allen, and Wylie. The report addresses the improvement of interoperable communications for the area, which results because of the implementation of a new standards-based network. RCC presented its findings and a recommendation in the way of an area wide system solution. Approved By Initial Date Department Director RC 12/15/ 9 City Manager mrfN I i 09 Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: 4 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: 12/12/08 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2009-03 establishing the maximum speed limits on FM1378 (Country Club) proceeding from FM 544 to FM 2514 (Parker Road), providing for notification of the maximum speed limit by the installation of signs and markers to regulate vehicular speed on the designated street; providing for a penalty for the violation of this ordinance; providing for an effective date and providing for the publication of the caption hereof. Recommendation Motion to approve Ordinance No. 2009-03 establishing the maximum speed limits on FM1378 (Country Club) proceeding from FM 544 to FM 2514 (Parker Road), providing for notification of the maximum speed limit by the installation of signs and markers to regulate vehicular speed on the designated street; providing for a penalty for the violation of this ordinance; providing for an effective date and providing for the publication of the caption hereof. Discussion The Texas Department of Transportation (TxDOT) released ownership and control of FM 1378 to the City of Wylie on October 30, 2008. In 2006, TxDOT completed a speed zone study which recommended the speed limit for some portions of the roadway be posted at 50 miles per hour. In response to the TxDOT study, Lee Engineering completed a study in October 2006 which recommended the speed limit be posted at 45 mph due to the lack of shoulders and high driveway density. Approval of the attached ordinance will establish the prima facie speed limit for FM 1378 at 45 mph. Approved By Initial Date Department Director CH 12/12/08 City Manager IYIPA ( I1 (01 Page 1of1 ORDINANCE NO. 2009-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE MAXIMUM SPEED LIMITS ON FM 1378(COUNTRY CLUB)PROCEEDING FROM FM 544 TO FM 2514(PARKER ROAD),WITH SUCH STREET BEING LOCATED IN THE CITY OF WYLIE, TEXAS, COLLIN COUNTY, TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED STREET; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of Wylie, Texas, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway,as well as the usual traffic thereon, said governing body may determine and declare a reasonable and prudent prima facie speed limit thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS,the City Council of the City of Wylie,Texas("Wylie")finds it is necessary for the protection and safety for the citizens of Wylie to declare a reasonable and prudent speed for FM 1378 from FM 544 to FM 2514 as set forth in the study attached hereto as Exhibit"A"and incorporated for all purposes as if fully set forth herein. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Establishment of Prima Facie Speed. Upon basis of an engineering and traffic investigation heretofore made, and as authorized by the provisions of §545.356 of the Texas Transportation Code,the prima facie speed limit(s)for FM 1378 proceeding from FM 544 to FM 2514 shall be as set forth in the study attached hereto as Exhibit"A" and incorporated for all purposes as if fully set forth herein. SECTION 3: Placement of Signs. The City Manager or his/her designated representative is hereby authorized and directed to cause the placement of signs on FM 1378 proceeding from FM 544 to FM 2514 indicating the maximum speed allowed. The signs shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic. The sign shall be permanently affixed to a Ordinance No. 2009-03 FM 1378 Speed Zone Ordinance FM 544 to FM2514(Parker Road) Page 1 stationery post or installed on permanent buildings or walls or as approved by the City Manager or his/her designated representative. The sign shall in no way be obstructed from view,and shall comply with applicable state laws. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,and each section,subsection,clause or phrase thereof irrespective of the fact that any one or more sections,subsections,sentences,clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar($1.00) nor more than Two Hundred Dollars($200.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 13th day of January, 2009. ERIC HOGUE, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of publication in The Wylie News—January 21, 2009 Ordinance No. 2009-03 FM 1378 Speed Zone Ordinance FM 544 to FM2514 (Parker Road) Page 2 October 30, 2008 360 NOW, THEREFORE, the commission finds that the surplus land is no longer needed for a state highway purpose and recommends, subject to approval by the attorney general, that the Governor of Texas execute a proper instrument conveying all of the state's rights, title and interest in the surplus land to The Real Lighthouse, L.P., for $27,636; SAVE AND EXCEPT, however, there is excepted and reserved herefrom all of the state's rights, titles and interests, if any, in and to all of the oil, gas, sulphur and other minerals, of every kind and character, in, on, under and that may be produced from the surplus land. Note: Exhibit A on file with minute order clerk. (2) Brown County—US 67 at US 377 in Brownwood—Consider the exchange of drainage easements(MO) 111571 In the city of Brownwood,BROWN COUNTY, on US 67,the State of Texas ROW acquired an easement interest in certain land for highway drainage purposes by instrument recorded in Volume 279,Page 397,Deed Records of Brown County, Texas. A portion of the easement(surplus easement), described in Exhibit A, is no longer needed for a state highway purpose. In accordance with V.T.C.A., Transportation Code, Chapter 202, Subchapter B, the Texas Transportation Commission (commission) may recommend the exchange of a surplus easement as partial or full consideration for other land needed by the state for highway purposes. WG-Brownwood 07, L.P., a Texas limited partnership, (WG-Brownwood) and Ching Mei Tsai and Chi Wen Chou are the owners and have conveyed to the state the easements needed for highway drainage purposes (new easements), described in Exhibits B and C. WG-Brownwood is the owner of the fee underlying the surplus easement and has requested that the surplus easement be released. WG-Brownwood will pay to the state the $2,560 difference in value between the value of the surplus easement and that of the new easements. It is the opinion of the commission that it is proper and correct that the state release its interest in the surplus easement in exchange and as full consideration for the new easement and the cash payment of$2,560 to the state. NOW, THEREFORE, the commission finds that the surplus easement is no longer needed for a state highway purpose and recommends, subject to approval by the attorney general, that the Governor of Texas execute a proper instrument releasing the state's rights and interest in the surplus easement to WG-Brownwood 07, L.P., a Texas limited partnership, in exchange and as consideration for the new easements and the cash payment of$2,560 to the state. Note: Exhibit A on file with minute order clerk. (3) Collin County—FM 1378 from FM 544 to FM 2514 in Wylie—Consider the transfer of right of way to the city of Wylie and removal from the state highway system (MO) October 30, 2008 361 111572 In the city of Wylie, COLLIN COUNTY, on FARM TO MARKET ROAD 1378, ROW the State of Texas acquired certain land needed for highway purposes by instruments recorded in the Deed Records of Collin County, Texas. The land (surplus land), described in Exhibit A, is no longer needed for a state highway purpose. In accordance with V.T.C.A., Transportation Code, Chapter 202, Subchapter B, the Texas Transportation Commission (commission) may waive payment for real property transferred to a governmental entity if the estimated cost of future maintenance on the property equals or exceeds the fair value of the property. The fair value of the surplus land has been determined to be $2.4 million, and the state's costs for maintenance and resurfacing over the next 20 years is estimated to be $4.3 million. The City of Wylie (city) has requested that the surplus land be transferred to the city in consideration of the savings to the state of future maintenance costs, since the future maintenance costs exceed the value of the surplus land. The commission finds $2.4 million to be a fair and reasonable value of the state's rights, title and interest in the surplus land and recommends that the state transfer the surplus land to the city. NOW, THEREFORE, the commission finds that the surplus land is no longer needed for a state highway purpose and recommends, subject to approval by the attorney general, that the Governor of Texas execute a proper instrument transferring all of the state's rights, title and interest in the surplus land to the City of Wylie, Texas, in consideration of the savings to the state of future maintenance costs; SAVE AND EXCEPT, however, there is excepted and reserved herefrom all of the state's rights, titles and interests, if any, in and to all of the oil, gas, sulphur and other minerals, of every kind and character, in, on, under and that may be produced from the surplus land. IT IS FURTHER ORDERED by the commission that FM 1378 from FM 544 to FM 2514 is removed from the state highway system and transferred to the city for control,jurisdiction and maintenance. Note: Exhibit A on file with minute order clerk. (4) Fort Bend County—SH 6 at FM 1092 in Missouri City—Consider the sale of surplus right of way(MO) 111573 In FORT BEND COUNTY, on STATE HIGHWAY 6,the State of Texas ROW acquired certain land needed for state highway purposes by instrument described in Cause No. 5103, L.M. Rice vs.the State of Texas, County Court Records of Johnson County, Texas. A portion of the land (surplus land), described in Exhibit A, is no longer needed for a state highway purpose. In accordance with V.T.C.A., Transportation Code, Chapter 202, Subchapter B, the Texas Transportation Commission (commission) may recommend the sale of surplus land. f r LB76J60 FREEWAY SUTE DALLAS,TEXAS 75234 972/248-3006 FAX 972/248-3855 TOLL FREE 888/298-3006 October 30,2006 Mr. Chris Hoisted,P.E. City of Wylie 949 Hensley Wylie,Texas 75098 Re: Speed Zoning Study along FM 1378 (Country Club Road) Mr. Holsted: Lee Engineering has conducted an analysis of vehicular speeds along FM 1378 within the City of Wylie. This letter report presents the results of our study. Speed zone studies were performed along the following two sections of FM 1378: • North Segment—between Parker Road and Park Boulevard • South Segment—between Park Boulevard and Brown Street The existing posted speed limit along FM 1378 on both the North Segment and South Segment is 55 miles per hour(mph). FM 1378 is a two-lane undivided roadway in the study area. The total study area is 2.5 miles in length. Trial runs were conducted in the study area to better understand the roadway conditions and the traffic patterns. These runs were also helpful in determining potential sites for the collection of spot speeds. Based on these trial runs, it was found that the pavement surface of the roadway was uneven in many locations. This led to a reduction in speed at those locations. Furthermore, since FM 1378 is a two-lane undivided roadway, there are few opportunities available to the roadway users to pass a slower moving vehicle. SPEED DATA A spot speed study was performed along FM 1378 within the existing posted 55 mph speed zone. Lee Engineering operated eight spot speed check stations for each travel direction. The date, time,and location of spot speed check stations along FM 1378 are presented in Table 1. Table 1: Spot Speed Check Locations—FM 1378(Country Club Road) NORTH SEGMENT Date Start Stop Existing Location Site# Time Time Limit 10/4/06 1135 1300 55 1000'North of Park Blvd 1,2 10/4/06 1325 1440 55 500' South of Starpoint Ln 3,4 10/4/06 1455 1545 55 500'South of Schooner Bay 5,6 10/4/06 1555 1645 55 750'South of Lakeway Dr 7,8 10/5/06 1300 1420 55 500'South of FM 2514 9,10 SOUTH SEGMENT Date Start Stop Existing Location Site# Time Time Limit 10/5/06 915 1015 55 1000'North of Brown Street 11,12 10/5/06 1020 1115 55 500'South of Hodges Lane 13,14 10/5/06 1130 1230 55 1000'South of Park Blvd 15,16 i Spot speeds for FM 1378 were measured using a handheld LIDAR speed measurement device and speed data were recorded at each location until two hours of data collection was performed or the sample size exceeded the 125 vehicle minimum. Only free-flowing vehicle speeds were measured, and all measurements were performed during daylight and good weather. Table 2 presents the spot speed results for each check station. Data sheets for each study site are attached to this letter. TxDOT Procedures for Establishing Speed Zones indicate that the speed limit for a section of roadway is typically set based upon the 85th percentile spot speed rounded to the nearest 5 mph increment. For instance, a speed limit established based on Site 5's 85th percentile speed would likely be 50 mph. Other factors such as geometric constraints, driveway density, development density and crash history can be used to establish a speed zone at a speed lower than the rounded 85th percentile value. Table 2: Spot Speed Study Results NORTH SEGMENT Direction FM 1378 Location Site Total 85th Mean Mode Vehicles Percentile NB 1000'North of Park Blvd 1 127 50 46 47 SB 1000'North of Park Blvd 2 141 55 50 51 NB 500'South of Starpoint Ln 3 130 51 45 39 SB 500'South of Starpoint Ln 4 129 52 47 46 NB 500' South of Schooner Bay 5 140 50 45 47 SB 500' South of Schooner Bay 6 159 52 46 47 NB 750'South of Lakeway Dr 7 137 51 47 47 SB 750'South of Lakeway Dr 8 131 53 48 50 NB 500'South of FM 2514 9 135 49 44 45 SB 500' South of FM 2514 10 142 49 44 48 SOUTH SEGMENT Total Direction FM 1378 Location Site Vehicles Percentile Mean Mode NB 1000'North of Brown Street 11 129 51 46 47 SB 1000'North of Brown Street 12 132 51 46 43 NB 500'South of Hodges Lane 13 141 53 48 46 SB 500'South of Hodges Lane 14 130 53 48 49 NB 1000'South of Park Blvd 15 139 53 47 45 SB 1000' South of Park Blvd 16 136 55 49 50 CRASH ANALYSIS Crash data were provided by the Wylie Police Department for crashes that occurred during the previous twelve (12) months. According to the police reports, 36 crashes occurred along FM 1378 within the study area, of which, speed was either cited or may have been a contributing factor in approximately 20 percent of the crashes. Based on the daily volume of 15,664 vehicles collected on Thursday, October 12, 2006, the estimated crash rate for the study roadway is approximately 2.52 crashes per million vehicle miles traveled. This crash rate appears to be lower than comparable facilities based on information contained in the TxDOT Access Management Manual and information provided by the New York State Department of Transportation. CONCLUSION The spot speed data collected indicates that the 85th percentile speed is typically between 51 and 53 mph for this study area roadway. Based on this data, it is recommended that the posted speed limit along FM 1378 between Brown Street and Parker Road be lowered to at least 50 mph. However, according to the TxDOT Procedures for Establishing Speed Zones, additional roadway factors such as narrow roadway, high driveway density, etc. could contribute to reducing the posted speed limit to as much as 10 mph below the 85th percentile speed. Due to the applicable additional roadway factors, high driveway density and lack of shoulders, Lee Engineering, L.L.C. recommends the limit be reduced to 45 mph on FM 1378 within the study area. If you have any questions about this letter,please feel free to call me at your convenience at 972.248.3006. Sincerely, r, "/ sz hristopher 'ierce,P.E. Project Engineer Texas Department of Transportation Form 1882 RADAR MOTOR VEHICLE SPEED 5/96 Feld Telly Sheet Gbvt rr¢y cc.uq • Q Date: I�f 3 County: G�"t"I� Hwy: F"� I Location: /D� N8iCrrt Of f ARf'S Time:(from) 11 '3✓ 4M ,(to) I ' CI q'Yr\ Weather: Cil-" Surface Type: "CJ PH i �� Surface Condition: ❑Wet or Ej ry/ month or❑Rough AUTOMOBILES i AUTOMOBILES > TRUCKS///��� &BUSSES Direction: = — Direction: a _ Direction: Direction: MDRTYt 5N�D 5 OCT 88v� M.P.H. M.P.H. sic 7xa $ E?>.a •�.dF?�.�+.{ h �ft'�3ti�`..� �rrE:Y..a'F�?:tJ:c � �xi,`ai'Ya:l w°3�e MR= �r'z.:res==' MI 74 73 73 72 _—� 72 71 — --- 71 c>.,; <. >- �'7,,. 5 u, >.? E� B a .. ;�$, g + can :'YN .1';;.::.cL:a#:et.f�O F$ i1g4..�£'.:��Yc7r• f�ti:%;.i :?.5.'.',.: :s fi'"\'::' RIEM 5 69 _ 69 68 68 67 gill 67 66 }} r� -- 66 if`f ii:a:' �F3�:Ws E':kS:2i.#:3:Yi#.�jf p:.;ti£ £EINM{ # 64 864 3 . EVA _-- 83 62 MI 6 2 61 Mil MI 59 58 __ EMI 58 57 ! —_—_ 57 56 MMINIMEMIIIIIMMI 1 -- 56 :il mum ,Flo>�A 2 Emozo r �>' 54 1111117il 11111M 54 53 m ITL1 1 171'11--' 63 52 ` tJ stiff — 52 51 ( \ mMNI3 Vr4 ILIIIII 51 49 .w a `W��fummiiimr;. 49 48 irrlar. :ll 90 -- 48 47 WWittilM.1.1111 g 5 al,u1 43 -- 47Y 46 :fix�� � M .: � �`<' '����' �i��s ��� ���. z: r t.�.I 44 IriY Ml : t ITEM 44 43 I1 iL �� 43 42 111� , R _-- 442 1 Mill IIIIIMIIIIIMIIMIMII MN 39 36 _ _— 39 38 37 Inall111.111MMITAII _-- 37 38 +�� L1M� _-- 36 33 _ 33 32 32 31 `z _ gee 31� i :'. .a`>tai `5 .��'.+.. >:di,`�`,6� .c i.''L'? .S x... .: '�...(..:.•S W xl 3�, S :i<fi ��x.?c<�SRLE .s : Total Automobiles: Total Automobiles:Mil� 85th Percentile Automobile: •' 85th Percentile Automobile:�l`l 85th Percentile Speed(m.p.h):Mall 85th Percentile Speed(m.p.h.):ZVI Recorder • Texas Department of Transportation Form 1882 RADAR MOTOR VEHICLE SPEED 5196 1 (� Fieldto Tally Sheet �+5 S Date: 12J 5. 44 County: Yt—L—IN Hwy: �rn 113 Location: 3 -11:41' ‘1,111/4""Sr. LA. f�.)L -Y Time:(from) Z� (to) 4 Weather: QSurface Type: 41,.......a._ Surface Condition:IDWet or CAPry 19Smooth or DRough AUTOMOBILES i AUTOMOBILES TRUCKS&BUSSES (�� Direction: _ Direction:f = _ Direction: Direction: 1 V Cr U i �� A.. U F�- M.P.H. M.P.H. K.' < g' :. '' 1 .a• s• ."+ ..;:$>ir`:8�%pktN �;Xi3.oz I "a M : . 13 C,4 . I $� . '� . �{ :ar .:,• `� .,�: <-��¢ax:�;�:�s� .��';:���`>�:�.>��.- �:::.:ohs:: .:.�,�. x.x��.•��� �•� � �,.. :.:,� ����..• ��'�:� ��� �`• 3�` 74 74 73 73 72 72 71 71 th + Kt:!IL: :.$ A.J{£.4 0ta C M.'•411fili �9tYt �, e t:I ios NY4 fffi C 5 . h . Cb.* ` 89 69 68 1 i;a 68 67 67 "<,�5 66 v`.<:s {;.x:t...L-�,.;�J�:�:;.r Y,F,7�.•g.3�.• N2� '.E �9'r�7.'f:y'tr,2:'af ':'{.��dk' •:(' ':Y'SIE s. •r 'r c.:g.. • y ,.Z¢+g:C' :1:+�. - •.:�... :}i;:86'.c`- B4 84 63 63 62 62 I61 :v.. 61 ` -S;fi: fi Y., ix'�',�i�J' Yw'<' x• e ; y,4 :$" P :.NOM 59 \, 11.:4- 59 58 I IL 2.8 58 (• 57 IIItriS 57 58 56 t'sg �Y,�i;Y'FYf.,�o53'�,"eYP. ::µ : '' �9' 3�}�§ g�a• �} a '+'�tr'. '��$ f:�.xa ♦as?A��;Y23:2: .i:�iJk`-'�:>T` 3��.•'�• �,:\ �4�:�"iF33:.iJ+.'�.'-�-��': +. :_f3 ••:3���fa� r:��r:t•�¢�:+- a1b'tr' 54 1 11,2 11 t 54 53 1'f; 1 121 �t1 11 53 1 52 ..A I 1 t9 (i 1 11fi3 52 . 51 1 • fA . 3 ., 51 3i "::b 3{,:A j' gS?tayg J > .b # eM ; IVI,'.:•:,,,?''x• i ''L ` s alViti . . J .49 % 1 1 49 48 • 1 k 48 47 Ii e $ 47 46 1 Wage �J 48 ,31.� .? `,,�+..+,.v:•: r•' ., 3•Y �X•'''r i 4 "' . .i E• e : x - 44 t CO + • ttl as 43 �12 �I 43 42 f Ia 3 , 1 1 214 42 41o�}t 3' v�. D 41 39 1 L, ' ] Z 39 38 K 38 37 11 l 5 I - 37 38 l t 3 g 36 3• !%r:; `K 1° $ac" u rsekk Y3fE '£,'t, k;+' <`•x .<s as tint:- i. '•,a'' s#.Set;rf'.:� •.•�:'`':.:. ',.'a N. . 34 34 33 1 2- k 1 33 32 1 32 itia • 1 : Div.3i' ',, !'.9 I'S K6 i• '-s• �ay'r'��.LLe a ' x '. ` ••3 •# ::,g4;.i: 4:.-:,3 f ; ,b:' Total Automobiles: I Q Total Automobiles: I flat 85th Percentile Automobile: I t 1 85th Percentile Automobile: 1[0 85th Percentile Speed(mph): 1 85th Percentile Speed (m.p.h.): S 2(m.p.h): 1,/ Recorder Texas Department of Transportation Form 1882 RADAR MOTOR VEHICLE SPEED 5/96 Field Tally Sheet �__eAJ A �A11" } m';}s S +�Y g`'n Date: t��I� County: Hwy: l � Location: Time:(from) . "5 5 Ito) ;' 145 Weather: U, Xa.)-1 Surface Type: Surface Condition:OWet or ❑Dry I❑Smooth or❑Rough AUTOMOBILES i AUTOMOBILES >) TRUCKS&BUSSES Direction: 1 _ Direction: 1 _ Direction: Direction: EV S 6 Em M.P.H. i U o v M.P.H. �{ �. ��..,� x.• ::�..�>: ¢ ?�:. i' '�:�q���S>::�;q•�w-.x�-L<:x9:#:r.8 .. ,,:;.� � ;s ;,.s:e� fix:•�'•.afY-93' ..Y`�.! :jTV<'?':�ni<$36°.`•r i°5 3 •$:i. :5 f i,'.' .i.' i:Y.t,.<f?}:.�'!Y:si'y$Y.'54,3' 'E:S' Y%3:c:::1:,' . .:.. }..•a;.; ': k,',Al _ "ai'sr'<. 74 74 73 73 72 72 71 71 69 69 88 88 571.1111.1.1MillMLUMNIMIIMIIIMIN67 66 >: :..{:. ' :3 ' {„} � 66 �: g' �5 ice'$'. 3.gg�i °{-zy� VI * Itli<<z Is TT may $ "-:s.1:8. }rLs.t, .2: R�i�"#.'�`'.�ti 1 '�.' ' +Y:���:ZS�•.�c:�2 R:-R' i..�::a.•i3:. <.�k••:.��>'•- .�:�£�`;::�+ :X' �`�� �. .. 64 64 63 63 82 82 61 61 59 tcei 59 58 58 , 57 inUntillINIMIIMMIN Ira57 54 Aill 1 1 54 53 tIIIIIIIIMIIIMIIIIIMIIM ( 53 52 KIVi IIMNIMEMI 52 trig{ i�' ( 51 illfEMBENIMM 49 il> niII :ii ti' I 49 48 I-rt-irt s rti ��� 48 / �l iliA C�T 47 47 —it .s . et�i �� 4;4ae i� ,£ 46 f..`,�-.Qd,VIE5f.'i£_ ,st'y ae_ 5 t•_ slltri x R ^e1' .¢ 44 al .�(1 l `'adl "iti N— 44 43 tEM b WA4 L N 443 2 42 �e+l� r \1C 41 Mr 1 140 VAIEMIIMIIIII 3 o 41 39 ral.1111.111111MIIIMIMIIMMI ' 391 38 lI r 38 37 ! ¢111 / 37 38 .111110 34 I IIINMIIMIIMNMIIWIIIIIMIIIMIIIINIMIINIIIEIII 34 33 Mil33 32 32 31 31 Total Automobiles: % 413 Total Automobiles:M1111 — 85th Percentile Automobile: 11. 85th Percentile Automobile: 85th Percentile Speed (m.p.h): 5 85th Percentile Speed(m.p.h.): MN \ ,v . Recorder Texas Department of Transportation Form t882 RADAR MOTOR VEHICLE SPEED U 5/96 Field Tally Sheet �b 1^ S A— Date: `ly" County: Hwy: Fimfel ?Location: L+ "Y I % Time:(from) �� Ito} 5- Weather: Surface Type: \ i— Surface Condition: OWet or%Dry/t5mooth or ORough AUTOMOBILES AUTOMOBILES i TRUCKS&BUSSES m I Direction: g _ Direction: Direction: Direction: E � E � 0 Ne) v � �5 . M.P.H. M.P.H. 74 74 73 _-- 73 72 _— 72 71 _-- 71 ,.v. 69§ `;': ,:I: :�,. = # #-s:$ .;.:#n4. : •:, . �__�_ Bs 68 87 _— 67 66 gg -- 66 83 64 • _-- 83 82 _— 82 81 _ 61 ir;59 # , M , 1111.11111111 59 58 itT1 1 im-_ 58 i 72 -- 57 56 1111111M1111M111111=1=111111111=1111111111111= 11 —_ �# §f 56 54 MI PNVIMIIIIIIIIIMIIMI I1 1 54 53 I1011PP'�:jM 113 -- 53 52 �Va�111.1=1—MIlln a t D. -- 52 51 illik:i ice!•i`ia�i [[b],_— 51 :r lt`M f N I s1114i?eft'AMMO 4iaii f ili a F A 'l: 49 ILWillialM11111IMM EIIMMIIIIIINIIII kill-- 49 45 ■��:il a_ ' 1 l�:�t 1'0 �� 48 47 �M��sei r1r1♦ lIELELilliiiik -- 47 46 E 0.:1111111111111111111111€2 1IK'VaillIllIllMIIIIII Mill— 46 44 w IAA1�naitT 34 �� 44 rirt 43 lf� IIR IMMI 43 42 —WWII ENIEUVIl __ 42 41 alikVaiNNIMMIN 15 In 41 MN 39 38 7- IIIIIIIIIMIIIIIIIIIIII W 38 37 F4, -- 37 36 a Mil ME 36 ;' 33 nUMIIIIIIMMIN U _— — 33 32 31 32 31( It ME USEINEMINMUI ;_PRENNERMIZEIBTEDIEffil £ M }fig g}WSIMI MTV. Total-Automobiles:msa Total Automobiles:I1 85th Percentile Automobile:,, M 85th Percentile Automobile:ME 85th Percentile Speed (m.p.h):Mill 85th Percentile Speed(m.p.h.):` I / 111) Recorder • Texas Department of Transportation Form 1882 RADAR MOTOR VEHICLE SPEED 5/96 Field Tally Sheet �n� p�. � `} Date: 16IC1 64' County: 6\` Hwy:CM '1�& Location: , c 4- CA Vm L Ili �' Time:(from) ` 1 r'{'� (too) K �6 VIA Weather: L�caLS�l1( Surface Type: ,"6 I/ el Surface Condition: OWet or rif,Dry/QSmooth or ORough AUTOMOBILES > AUTOMOBILES > TRUCKS&BUSSES '111, a Direction: Direction: =° a Direction: Direction: N'R✓ U I— 5 g I- M.P.H. M.P.H. ..�.�:... •?:.::e 2..:9?`;�l`}•'>:'Ftf��_ '�S'`":g.��r.-•,f �*s+-.'?tb};is{:t• s4.*o-:Y ��¢� � x:{•:., g: agg •+�+$', ,yn •3�,t g,( '•i`.f ]� k aCiq�,il ,'e�j., J..+ Y i.' ?p jai},.:,.fi>�;q:�y+,��T�%' ., yQ}' S ).�:y� by(�).£ .... } 1 i3.•'•:' :{;'ENSM TEE �'•••••`��•�• '• ��:F :t{: }.Y.AYs fPiRV \`:S:F 1'S:(•:: ��.�� �::.YS:i-�.:i�;:J�w6<:.X:-::;� d�Z� ::M.�N'}! '� '. CS]FS�i2?.}: �} Y� d:4L.:' l.�.'. 74 74 73 73 72 72 71 lialffi -0• <., :,:.'r: <.a.' • 71 f- C' f,S� {. cZ'r ttr e: q s-' tx' P ac 69 69 68 68 67 67 66 88 riatliM MEO & PAI + fO SIWA MAIMIYxt fiAIRINMO IVENAII:� 64 64 63 63 62 _ 82 61 $ y �c y# y }$ 61 •t.-'t.k.!,;:# 'lia`:Y`a`. l£3:`Rs. .-ilea jt�•''.eitti��m`•"a: ' .fib:,v NNfil. e:': .s.';' � ...L�,..•ON 59 59 58 58 1 57 f iSti 57 56 }t 13 56 s:>�, ..ri7fR}>;�•a�. #z:# f;x.`"f `' ^��""t-.:'ASHAMWMARS. .#:�F.. •<. .":Afti ntibeigagni �.',�: lifiNaiN��s 54 54 53 1311 ( \ • `�%`� _ 53 52 1 26 1 I1 52 51 iiiIRSIRMUNGESIti e'-].:: .. " itegnitaiRafie 4016.10111.11VAT. Ift•,. . .. .Tilif,','..':.:',1 L51 49 11 11-40 i ( (Zt4 49 48 , {l'3 . +1 l • 48 47 i \01 - 1Ub 47 46 K 319ai ( r v� . >. >. 46 44 R•Z ' 1-(.( 44 43 j 1 1 ( 44 43 42 $ • S 42 41 0 • ;�y LI 41 HaatrgilifiNNONSWORSIBOWNWMAR 39 3 3 Y 26? 39 38 2•S 2.2 36 37 ii4-1'1 0 2 1)1 12 37 36 CI 36 34 l IS 34 34 33 f 3 1 `L. 33 32 • 32 • ( MN .* ' . tritintWOMMitit lArtliatte,44,i4itiMit,';::,; ..:,i,V'SgtiaMaiNtsegrailMitai Total Automobiles: 1g Total Automobiles: l G 2 85th Percentile Automobile: 115' 85th Percentile Automobile: II I 85th Percentile Speed (m.p.h): 49 85th Percentile Speed(m.p.h.): 49 \\\;. Recorder • Texas Department of Transportation Form 1882 RADAR MOTOR VEHICLE SPEED 5/96 Meld Tally Sheet { pt,m)ri Date:C(14 a* County: 1 vr1 Hwy:\IM I1M? Location: 'tom Ykf741% 6 `�h S �r' r Time:(from) c)S• 1c (to) t 6 . tJ Weather: l libaNf • Surface Type: Surface Condition: DWet or[wry/®Smooth or❑Rough AUTOMOBILES > AUTOMOBILES c > TRUCKS&BUSSES 7. Direction: M Direction: y Direction: Direction: y c Vlt U I� r U 1° M.P.H. `� M.P.H. tr � •. J. }L:'h�:;}:k4: :Y}.:3. .. i Fl •.': "A SIC .}:i:?.�.p.�.�,.��?:{..;{� •C•`3,� •• of � ,}. .:y •3 k �*j Jy ,t.. n..: ,��yyjj } f SF, i fyy N :.S j. ${y g�'.�3<'2d C ') G O".N{r}(.S'%4 yy ¢} Y`;{¢ 5y�j L yy $4.S :y�}y in'�Qt� :sk4:i• ;�ik:�'h3`.i.[:Y')��Y,.��jt�$:^�4:tv'.S�.,x4^ :f•Y.�'ti:#':.5�'bi:i3�:i��3}�3��+1t=�iS�:S�Y.i•;�F+.�-},��,`,�5��lX:O:��^K��.n��.�.�}"+���'>A�:i ..:Sd: 74 74 73 73 72 72 3:g' 71 [.. �c 3•() }• 4 Y•i },.3.. y,rA� J. 2{�. �}- �SS;:L.L�6� � �¢p,� �p. 71A.,yY� r Ea' `x'i"<Y.z i 1 ?' ESARRz�x' aS: ONSW .C','NN IMMA cIMOS�4"'�'a ?•i° E33.s."f '.� `>'t•$ &{ 69 69 68 68 67 67 HM}} 68 ,,##�� g.�� c�5���5�; {• d;2��� 2` fy:�y}.�2:Srda�:'�3��"i:�gr r`v 3 r'�'. �Yy '/;",• _ ,{$� s� �'},� 6B g#�u 2+5�•cY`-f:3` n fA<.. r ik RA 7c<:� angt ?:2::�4'jFY.}?rc`f niankl c.:.$!.` AlltrAS P :i''�.R E �#: 1&2 64 64 63 83 62 62 61 61 S9 59 68 k 'L32 58 • 57 57 `AIS I°'`1 SIN 4y.3:%}y. cataA 1 yf£y fr Y l� jqy a$� �qy{t K .�{y� 56 54 I 2b 1 �k 54 53 k 53 t� 23 52 S t 11 1 , 11 - 52 51 11 I1 L ti 1 }} 51 'a¢3 fi 2..(-. r:x' oy} ` f. +a P<ir: �p;.o.`'4 ,1' .}E3, ; .. : }.`'•#IC} •Y:'G433. t3 as - g f 4 4s 48 ,Ittt `II 1 t 1 48 47 ✓ \.t $3 ii 4 47 'y�46 i 1-2- 46 :�v�:�i�'3. '.§ 4 Y it }. .`' I7Cvk '':!'..7:+= iathif3ataitiffia-$i}iivia 44 u 9 W 0 44 43 I Lt 1 t} L+2 43 42 11 %a 30 42 41 �� 2- 64 11 41 39 1 ' III 39 38 1 1 2 1 A 38 37 I\ - 8 37 1- 36 t 3MNVE Ey ix' 0 aa&' 3 n hR tWAN Ia ik r 34 1 I 5 1 Ll 34 33 11 3 _ I `I - 33 32 32 31 31 Total Automobiles: 'Lei Total Automobiles: ? _ 85th Percentile Automobile: 1 it, 85th Percentile Automobile: \1 85th Percentile Speed lm.p.h): 51 85th Percentile Speed(m.p.h.): 51 Recorder J • Texas Department of Transportation Form 1882 RADAR MOTOR VEHICLE SPEED 5/96 / f f 't^ U i Field Tally Sheet 5 00 -& Date: 5)t Q 1 Oc County: `�t Hwy: ` Location: k%O.yi �1:404.1.— l' Time:(from► 1 v •�Oto) �� 17+� Weather: V�1LL9� t Surface Type: Surface Condition:DWet or tpDry/( Smooth or DRough AUTOMOBILES a AUTOMOBILES M TRUCKS&BUSSES Direction: 5 _• Direction: 3 Direction: Direction: M.P.H. ] { M.P.H. -..�.�y yys�..,•+-";-",�•N:-!i:8:�-^:-:C}'i::{'{ •S:}:;�:}'3.h. .CiC. .[;�' ^•iyv y:4` 'i:!{y: {d�:6}'�(v 'Y- •;f• �F .}�4:� �:. .� "N;�:: I A ''?.'ii sf :#:€¢: ° 's..aSIMMsA ss sflo'.':"� a'£`F4z`:k£:) z,o i .'i••`s#?E3 .:INMO` tiMI :ta..�x� >'# :' sz s:�z r>. }� Vic: :<{• 74 74 73 1 73 72 72 71 Y 4<• T'q"•k-Y {' G >C}>• F' l'} P - 2 $$'` 9 f{ $ 7 1 OM€� { INI aM � ''y�€ KKK._.£ ¢ �.ISSI :MENf :. ".-.• M. � � fnt 69 ---- 69 68 68 87 87 a t 66 p3� z sz� c M c+.. r <,' 'f's�st�•ram`-}t t s �. { M�. I t {66 64 121 64 63 63 62 1 \ 62 61 '1 81 59 59 58 t, IIt t l S 58 \ 57 �'\ 1 1 �� � 1'L2 57 56 1 5 �� t' V ;4 11 56 y 3 *y;"+i'3� Z �r.;., .•-.. ffi 3` allot ''+';"8 M-ate,,'-":YS" k'�:. KI-,ts' t: 114MOI5:>,•",��v I �s�e.a.i `:t� 54 irtit) PRI a 1 1% 54 kl...3 t - l i t 53 5352 iJ L16 ,l'- 111 ,IQ Li 52 51 } 11• 51 • �' �'.v 4"3.. t i M 'F'`4�3'`' k _k r 1 r: {:£` e��&? ` SS`.' •''4•S ka r... .� '}3:f3 414• {.. rk �,. � .. "C �. .. ,xc' .�$"ic�k3'�,�. , h�'... :� ,A /�} }.,.:.t�": "3�a'.i#.• h.,r.z ff ?$.°Aiu.h: ".�. r-<�RT : ., .. ) r 49 { a III I g'2 49 '-{ 4B 4747 1 1 -4 11� t ( c a 47 44 '1i LID q a4 44 to 43 42 ,nria et1 L2 42 41 IraT• 1 41 39 1 \ s lb , 38 38 t tt S t - 5 38 37 37 38 3 38 Platt���EMSEMBEIS . a• , Yfe ���-�� lettr teeztitHiMilitia l 34 34 33 33 32 - 32 31 31 $ Total Automobiles: Total Automobiles: ISO ; 85th Percentile Automobile: t,1,() 85th Percentile Automobile: t 1 I 85th Percentile Speed(m.p.h): S 3. 85th Percentile Speed (m.p.h.): S ‘ttj I Recorder a Texas Department of Transportation Form 1882 RADAR MOTOR VEHICLE SPEED 5/96 Field Tally Sheet l Date:�b[!r f/G County: \k 1" Hwy: '• t 1 Location: My Time: (from) p 1 - 36 P1'Vl (to) 1 ` 76 04 Weather: CIDav"--- 1ti U Surface TYPe: e, f1 Surface Condition: DWet or spDry/E Smooth or CRough AUTOMOBILES `g AUTOMOBILES > TRUCKS&BUSSES a Direction: la Direction: 5 _ Direction: Direction: A E m E � M.P.H. "� U ~ c . . v F' M.P.H. `s: 63` d•¢ s >+•.t• •Y Ali..„I kk' tyy}.5.4:.. {v d, :t• '.�{.J .4.,,.• Elrif �^ g- ?:'t`,-`' �s:::i� .�,+4. r.�:.4'. kw•. :.x:k3•�.y:.:c:.s:'t�sfs-Y`• �. d ��.t3: �. ��" �4... ��•�: 74 74 .. 73 73 72 72 $:> yr ,•.r. ah.o x :k: s: 71 71 . s...., .; -: Z:x q'ty.;.�• __ 1312521. > 69 69 68 68 67 67 66 � 66 dd 64 64 63 1 ' 63 62 1 i qc 62 61 81 59 KM 59 58 t St TIMIMIIIIIIMIIIIIWIIII- 58 \ 571111113111811111.1.111.111= 12 8 - 57 56 1 4S - 56 R ;fib: ' M #`•::.•q } T<: 2` M I : 8 . 4 I: • s�= 54 12 salt" 54 - 53 „it ti e I 6- 53 52 Lei itrt 6 52 61 _ t i 51 1 3 { r"ta RZW RMWSOMPROATEZeranlaffirOgingalanalr, 49 dfiVdl M 49 48 _nai S .iii�� 48 47 i1 .�l a4{ratl illiMINEMMIll 47 x�46 ' s[ �� `�� 46 44 .,.ris rtiirrNIE= 44 43 i� rt _.i 19" 43 42 111101.1111MMINIEWAIVAMMINIMINIMI it 42 41 1k 0 - g i 1 41 39 B 39 38 li ' - lip► 38 37 .4' 1 10111111 37 36 36 34 ENIIIIMIM 34 33 33 32 32 r 31 31 1 IIIMERRINVEMONNETWORMTIMMEEMPARNEWA Total Automobiles: ia`I Total Automobiles:WM 85th Percentile Automobile: 1)eC 85th Percentile Automobile: i Os 85th Percentile Speed (m.p.h): 5 5 85th Percentile Speed(m.p.h.): SS Recorder Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: 5 Department: Engineering • (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: December 16, 2008 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, authorizing the Mayor to execute the Woodbridge Parkway/Hooper Road Paving Agreement between Woodbridge North I, Ltd., the Wylie Independent School District and the City of Wylie. Recommendation Motion authorizing the Mayor to execute the Woodbridge Parkway/Hooper Road Paving Agreement between Woodbridge North I, Ltd., the Wylie Independent School District and the City of Wylie. Discussion On July 10, 2007, Council approved an Interlocal Cooperation Agreement between the City and the Wylie Independent School District (WISD). The agreement specifies that WISD will construct Hensley Lane from Raymond Cooper Junior High School to the City of Wylie Public Service Center. After the execution of the agreement, it was brought to the City's attention that the Real Estate Purchase Agreement executed between Woodbridge North I, Ltd. (WBNI) and WISD specifies that WISD is required to pay for the construction of two of the four lanes of the Hooper Road/Woodbridge Parkway improvements adjacent to the school site. A large portion of the roadway improvements have already been installed by WBNI with the construction of Phase 1 and Phase 2 of the Woodbridge Parkway Improvements. The attached agreement releases WISD from financial responsibility for Woodbridge Parkway and specifies that final design plans for Hensley Lane be submitted to the City by April 1, 2009. The agreement has been reviewed by the City Attorney and staff recommends approval. Approved By Initial Date Department Director CH 12/16/08 City Manager 1 D Page 1 of 1 WOODBRIDGE PARKWAY/HOOPER ROAD PAVING AGREEMENT This Woodbridge Parkway/Hooper Road Paving Agreement (the "Agreement") is made and entered into this 13th day of January, 2009, by and between WOODBRIDGE NORTH I, LTD., hereinafter referred to as ("WBNI"), the BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as ("WISD") and the CITY OF WYLIE, TEXAS, hereinafter referred to as ("CITY") (collectively the"Parties"). WHEREAS, pursuant to Wylie's Code of Ordinances and the Texas Local Government Code, Wylie required WBNI to construct four lanes of Hooper Road as shown on the approved plans for Woodbridge Parkway Phase 1 (North Bound Lanes) and Woodbridge Parkway Phase 2 (South Bound Lanes) (the "Hooper Road Improvements"), said plans being approved by the City on May 22, 2007; and WHEREAS, WBNI and WISD entered into a Real Estate Purchase Agreement dated December 14, 2004, (the "Contract") for the purchase of approximately 40 acres of Property (the WISD Property"); and WHEREAS, the Contract requires WISD to pay WBNI for the cost of constructing two of the four lanes of the Hooper Road Improvements adjacent to the west boundary of the WISD Property; and WHEREAS, WBNI has paid for and constructed a portion of the four lanes of the Hooper Road Improvements, and WISD has yet to reimburse WBNI for any portion of the cost of constructing two lanes of the Hooper Road Improvements; and WHEREAS, the City has approved and accepted all of the public improvements of the Hooper Road Improvements constructed prior to the date of this Agreement by letters dated August 27, 2007 and September 27, 2008. WHEREAS, the CITY AND WISD have subsequently entered into an Interlocal Cooperation Agreement, whereby WISD has agreed to design and construct a street on the Hensley Lane Property (the "Hensley Lane Improvements") as described in Exhibit "A", which is attached hereto; and WHEREAS, WISD wants WBNI to release them from any and all obligations to reimburse WBNI for the cost of constructing two of the lanes of the Hooper Road Improvements; and WHEREAS, WBNI is only willing to give WISD a release of their obligations relating to the Hooper Road Improvements if the CITY releases WBNI from any and all obligations to make additional improvements to Hooper Road other than that portion of the Hooper Road Improvements completed prior to the date of this Agreement. WHEREAS, the City desires that the construction of the Hensley Lane Improvements occur as soon as possible, and is willing to give WBNI its requested release if WISD agrees to Woodbridge Parkway/Hooper Rd.Paving Agreement Page 1 534604.vI submit final design and schematics for the construction of the Hensley Lane Improvements to the City for review by December 1, 2008. NOW THEREFORE, for and in consideration of the covenants, conditions, and undertakings hereinafter described, and the benefits to accrue to the citizens of the District and the City, the parties contract, covenant, and agree as follows: 1. Releases and Performance. a. The City, on behalf of itself, its Council Members, officers, employees, representatives, and agents unconditionally and forever releases, acquits, and discharges WBNI, its officers, directors, employees, and assigns, of and from having to make additional improvements on other portions of Hooper Road other than the Hooper Road Improvements completed prior to the date of this Agreement, as defined herein. This release, however, shall not affect any impact fees owed to the City, nor affect any impact fee reimbursement due WBNI for the Hooper Road Improvements completed prior to the date of this Agreement nor affect any required future improvements to Hooper Road if WBNI were to purchase and develop another piece of property adjacent to Hooper Road after the date of this Agreement. It also shall not affect any claims the City may have against WBNI arising out of the work performed and materials used on the Hooper Road Improvements. b. WBNI, on behalf of itself, officers, directors, employees and assigns unconditionally and forever releases, acquits, and discharges WISD from having to pay any portion of the costs of the Hooper Road Improvements under the Contract. c. WISD agrees to submit final design and schematics for the construction of the Hensley Lane Improvements to the City for review by April 1, 2009. 2. Miscellaneous Provisions. a. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. b. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. c. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. d. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. e. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, Woodbridge Parkway/Hooper Rd.Paving Agreement Page 2 534604.v 1 that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. f. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. g. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. h. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. i. Sovereign Immunity. The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. j. Assignment. This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other parties. The Parties hereto have executed this Agreement effective on the last date written below. CITY OF WYLIE, TEXAS, WOODBRIDGE NORTH I, LTD. a municipal corporation a Texas limited partnership By: HDC Woodbridge North I, LLC By: a Texas limited liability company Eric Hogue, Mayor its general partner By: Donald P Herzog, Member BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT By: Dr. H. John Fuller, Superintendent Woodbridge Parkway/Hooper Rd.Paving Agreement Page 3 534604.v I EXHIBIT "A" Woodbridge Parkway/Hooper Rd.Paving Agreement Page 4 534604.v l INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS AND THE WYLIE INDEPENDENT SCHOOL DISTRICT This INTERLOCAL COOPERATION AGREEMENT ("Agreement") is executed as of this the 261" day of June, 2007, by and between the Board of Trustees of the Wylie Independent School District, an independent school district and political subdivision of the State of Texas ("District"), and the City of Wylie, Texas, a political subdivision of the State of Texas ("City"), acting by and through their duly authorized representatives. WHEREAS, the District is constructing school facilities within the City on property located at Hooper Road and Hensley Lane as shown on Exhibit A attached hereto and incorporated herein for all purposes ("District Property"); WHEREAS, the City requires two points of access to the District Property; WHEREAS, the City will permit a second point of access across certain City property described on Exhibit A, between points C and D, ("Hensley Lane Property") provided that the District will construct a street on the Hensley Lane Property; WHEREAS, the City will construct certain improvements to Hooper Road adjacent to the District Property; WHEREAS, the District has placed in escrow the sum of S519,686.00 as security for the construction of streets as required by the City; WHEREAS, the City previously paid to the District one half of the cost of construction of a parking lot at the District's stadium in return for the District's agreement to pay one half of the cost of construction of a future parking lot at Founders Park(City Park); and WHEREAS, the Board of Trustees finds that the continuing benefits to be received by entering this Agreement will serve a lawful purpose of the District, and that the terms of this Agreement provided sufficient control over District resources so as to ensure that the public purposes set forth herein will be fulfilled; NOW, THEREFORE, for and in consideration of the covenants, conditions and undertakings hereinafter described, and the benefits to accrue to the citizens of the District and the City, the parties contract, covenant and agree as follows: ARTICLE 1 PERFORMANCE BY THE CITY 1.1 Hooper Road Improvements. The City will design and construct improvements to Hooper Road and no cost to the District, located as shown on Exhibit A between points A and B. 1.2 City Park Parking Lot. The City will use its best and reasonable efforts to complete improvements in the City Park within eighteen (18) months of the date of this Agreement. Based on bids or Interlocal Cooperation Agreement Between The City of Wylie,Texas and the Wylie Independent School District Page 1 of 5 proposals for construction of the improvements to the City Park received by the City, the City and District will determine the cost of the parking lot in the City Park. 1.3 Maintenance and Operation. From and after the completion of construction of improvements to the City Park, the City will operate and maintain the City Park, including the parking lot at no cost to the District. 1.4 Hensley Lane Temporary Right-of-Entry. The City hereby grants to the District a temporary construction right-of-entry on and across the Hensley Lane Property, as reasonable needed, for construction of Hensley Lane by the District. 1.5 Hensley Lane Maintenance. Upon completion of construction of Hensley Lane and acceptance by the City, Hensley Lane shall be a part of the public streets of the City and the City shall maintain Hensley Lane at no cost to the District. ARTICLE 2 PERFORMANCE BY THE DISTRICT 2.1 Hensley Lane Construction. The District will construct a street at no cost to the City on the Hensley Lane Property, and such street shall be constructed in accordance with the City's engineering and design standards for streets. The street will be 39 feet wide, with 8 inch reinforced concrete pavement on 7 inch thick lime stabilized sub grade including associated earthwork, and underground storm drainage improvements. The District will use it's best and reasonable effort to complete Hensley Lane within one year of the completion of Draper Intermediate School. ARTICLE 3 PAYMENT 3.1 Cost of Improvements. The Cost of Improvements means the District funds held in escrow as security for the construction of streets as required by the City in the amount of S519,686.00, plus one half of the cost of the parking lot in the City Park. 3.2 Cost of Construction. "Cost of Construction"means all direct costs of design and construction incurred by a Party, including architectural and engineering design, construction costs, and contract administration costs paid to architects, engineers, or other consultants. Cost of Construction does not include costs of administration by City or District staff. 3.3 Allocation of Cost. 3.3.1 If the District's Cost of Construction of Hensley Lane is greater than the Cost of Improvements, the City will pay the difference to the District. Such payment by the City will be by a credit against future building and impact fees which would otherwise be payable by the District to the City. 3.3.2 If the District's Cost of Construction of Hensley Lane is less than the Cost of Improvements, the District will pay the difference to the City. Such payment by the District shall be within twelve (12)months after the later of: (1) completion of construction of Draper Intermediate School or (2) completion of construction of improvements to the City Park. Interlocal Cooperation Agreement Between The City of Wylie,Texas and the Wylie Independent School District Page 2 of 5 6/25/2007 ARTICLE 4 TERM OF AGREEMENT AND RENEWAL 4.1 Terms of Agreement. The term of this Agreement shall begin on the date first written above and shall terminate when all obligations have been performed and all payments have been made pursuant to Article 3. ARTICLE 5 GOVERNMENTAL FUNCTIONS 5.1 Terms of Agreement. Notwithstanding any provision to the contrary herein, this Agreement is for and with respect to the performance of governmental functions by governmental entities. ARTICLE 6 MISCELLANEOUS 6.1 Other Services. Nothing in this Agreement shall be deemed to create, by implication or otherwise, and duty, responsibility or right as to either the District or the City, except with respect to the City Park,Hooper Road and Hensley Lane as specifically set forth herein. This Agreement does not and shall not be interpreted to limit or extend any governmental authority or discretion except as specifically set forth herein. 6.2 No General Liability. Nothing contained in the Agreement shall be construed as incurring a pecuniary liability or charge upon the general credit of the City or the District or against their taxing power,nor shall the breach of any provision contained in the Agreement impose any pecuniary liability upon the City or the District or any charge upon their general credit or against their taxing power. 6.3 Jurisdiction. Nothing in this Agreement shall be deemed to extend or increase the jurisdiction or authority of either the City or the District except as necessary to give effect to this Agreement. All the governmental functions and services of the City shall be and remain the sole responsibility of the City. All governmental services and functions of the District shall be and remain the sole responsibility of the District. 6.4 Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to either the City or the District nor to create any legal rights or claims on behalf of any third party. Neither the City nor the District waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship or principal and agent, partners,joint venturers, or any other similar such relationship between the parties hereto. 6.5 No Third Party Beneficiary. This Agreement inures to the benefit of and obligates only the parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a party to it. The parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit,protection, release or other consideration under this Agreement. 6.6 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement, and contains all of the covenants and agreements between the parties with respect to such subject matter. Each party to this Agreement Interlocal Cooperation Agreement Between The City of Wylie,Texas and the Wylie Independent School District Page 3 of 5 6/25/2007 acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not set forth in this Agreement, and that no agreement, statement, or promise not contained in this Agreement shall be valid or binding. Exhibit A is attached hereto and incorporated as if fully set forth herein. 6.7 Amendments and Modifications. This Agreement may not be amended or modified except in writing executed by the City and District and authorized by both governing bodies. 6.8 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the parties hereto shall be construed and enforced in accordance therewith. The parties hereto acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed on such a manner this it will, to the maximum extent practicable, be deemed to be validated and enforceable. 6.9 Construction of Agreement. This Agreement shall be construed without regard to the identity of the person or persons who drafted the provisions contained herein. Moreover, each and every provision of this Agreement shall be construed as if each party hereto participated equally in the drafting hereof. As a result of the foregoing, any rule of construction that the document is to be construed against the drafting parties shall not be applicable to this Agreement. 6.10 Gender. Number of Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. 6.11 Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall be considered fully executed when all parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. IN WITNESS WHEREOF, the parties have executed and attested this Agreement by their officers thereunto duly authorized as of the date first written above. THE BOARD OF TRUSTEES OF THE THE CITY OF WYLIE, WYLIE INDEPENDENT SCHOOL TEXAS DISTRICT BydTh By: . Name: �usA.,‘ 5l.01e,c Name: k Ai no/rdy Title: �jeq•n Rreciievi\ Title: 14[tt Interlocal Cooperation Agreement Between The City of Wylie,Texas and the Wylie Independent School District Page 4 of 5 6/25/2007 Exhibit A �,, , rr�-;?S • .,.mfi?:7 '^ �.c;`r'-";<•r;`P4 yt,� .Fs�, .:,•, t. •4, it ti'F4.•"M -.._...._, r :, Y;,::.�.:: -'F,;:rs}f., ., „8;' t; .7 txv+t•r ,."L , °i ,' ,,, :.-", ' ':,. 6, �t�, '!70kt •„ „•;I:; ,. 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'4,R'� +,.=L'.. ..�.- _ 4 i ':*�:U /,,r i2 �,, -h.fl�• t C }.{r} '+•r� �/r• :q , r. �.'..,,....,,.-...:.� _t-tia, ,_,b�^,J 1'�f - ,gX1� t;anS i'� !1; t tt:,, R , `l.�f:Y,.ir:. :1" ..I ,, ,r-i k:C:..—•,•.-. : ..1^'„'i�...:•ir1 ^ 't�. ', .,.._.. F .... .:�iS r. '••iL4".1 II..u'C.,:. • • lnterlocal Cooperation Agreement Between The City of Wylie.Texas and the Wylie 6/25/2007 Independent School District Page 5 of 5 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: 6 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: December 19, 2008 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, authorizing the City Manager to sign a Development Agreement between the City of Wylie and Herzog Development for reimbursement of the construction of a 12-inch water line. Recommendation Motion authorizing the City Manager to sign a Development Agreement between the City of Wylie and Herzog Development for reimbursement of the construction of a 12-inch wate Discussion On June 27, 2006 Council approved a development agreement with Herzog Development for the construction of an offsite 12-inch water line. The water line was necessary to loop the water system in the Woodbridge development with the City's system located in Alanis Drive. In August, 2004 the City received approval from TCEQ for the installation of a water line on the east side of the landfill which was necessary to provide water service to the first phase of the Woodbridge development. Because of the previous approval from TCEQ the new water line was designed to be located adjacent to the west property line of the closed landfill. The design was submitted to TCEQ for approval and due to recent rule changes, it was not possible to install the water line within the landfill boundary. A new design was developed through property the City owns adjacent to the Glenn Knoll Mobile Home Park which did not require TCEQ approval. The original agreement approved in 2006 specified a maximum reimbursement for engineering fees of$13,800. Due to the additional submittals to TCEQ and the redesign of the water line, the engineering services exceeded the original anticipated amount. Total engineering fees for the water line are $35,462.50. $740,000 is included for the project in the water system capital improvements plan. Total cost for the water line including engineering and construction is $121,376.00. Approved By Initial Date Department Director CH 12/19/08 City Manager {V' II 1 I D Page 1 of 1 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WYLIE AND WOODBRIDGE 1314, LTD. THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into by and between Woodbridge 1314, Ltd. (the "Developer"), and the City of Wylie, Texas (the "City"). The Developer and the City are hereinafter collectively called the "Parties". WHEREAS, Developer desires to and shall develop the Property as a Planned Development in accordance with the City's Ordinance No. 98-15, the Comprehensive Zoning Ordinance No. 2001-48 (the "Zoning Ordinance"), the Subdivision Regulation Ordinance No. 2003-03 (the "Subdivision Regulations") and any other applicable City ordinance, as they all currently exist, including amendments, or may be amended; to the extent there is any conflict between Planned Development Ordinance No. 98-15 and the Zoning Ordinance, the terms of Planned Development Ordinance No. 98-15 shall prevail; and WHEREAS, Subchapter C, Chapter 212, Local Government Code, provides, in pertinent part, that City and Developer may, among other things, contract to allow the Developer to construct public improvements; and WHEREAS, a 12-inch water line is necessary to loop the water system in the Woodbridge development; and WHEREAS, City is entitled to collect impact fees, as described in City Ordinance No. 90-10, as amended or supplemented by City Ordinance Nos. 93-4 and 97-4, 2001-19, 2001-42, 2001-56, and 2006-25 and any other Ordinances amending or supplementing impact fees, whether now existing or in the future arising for water, sewer and thoroughfares (collectively, the "Impact Fee Ordinances"); and NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the Parties agree as follows: 1. Land Subject to Agreement. The land that is the subject of this Agreement is a 42.2853 acre tract of land, more or less, as more particularly described in Exhibit "A", attached hereto and incorporated as if fully set forth herein (the "Property"). Developer represents it will be the sole owner of the Property prior to development of the Property. 2. 12-inch Water Line. Developer acknowledges and agrees that the construction of a 12-inch water line consisting of approximately 331 linear feet as shown in Exhibit "B" is necessary to serve all or a portion of the development to occur on the Property (the "Water Line"). A. Easements for Water Line. The City at City's expense shall secure all easements or other right of access determined by City to be necessary for the Water Line (the "Easements"). DEVELOPMENT AGREEMENT - Page 1 B. Construction of Water Line. To facilitate the development of the Water Line, Developer shall obtain a detailed quote or offer of costs for Developer to construct the Water Line ("Developer's Quote"). Construction costs shall include, but are not limited to: engineering, staking, excavation, erosion control, and material costs. Developer's Quote shall be obtained by Developer and submitted to the City upon receipt, but not later than sixty (60) days after Developer receives from the City the information and documents necessary to obtain the quote or offer. City shall review Developer's Quote and may compare it with bids received by the City. If City does not award a contract to one of its bidders, then Developer shall construct the Water Line in accordance with Developer's Quote and dedicate it to the City. City shall notify Developer that it has awarded a contract or that it has rejected all bids within seven (7) business days of making such decision. If City notifies Developer that it has rejected all bids, Developer shall submit its final contract for construction to City for approval, which shall not be unreasonably withheld. Developer shall cause construction of the Water Line to begin within forty-five (45) days of receipt of notice from the City that it approves of the contract and will actively continue construction until the Water Line is complete and accepted by the City. In the event that the Developer fails to comply with its obligations in this paragraph, City may continue with its own plans and timeline for construction of the Water Line that it had prior to this Agreement. C. Reimbursement of Water Line Costs. If Developer constructs the Water Line in accordance with paragraph 2.B. above, Developer will be entitled to reimbursement by the City of One Hundred Percent (100%) of the amount of Developer's actual costs. The City agrees to reimburse Developer on a monthly basis for costs incurred within twenty (20) days of receipt of invoice for the portion of the Water Line that is constructed. Developer shall not cause work to be performed, or approve any contract amendments (or series or group of amendments), which will result in an aggregate increase in the contract price in an amount greater than twenty percent (20%) of Developer's Quote, or which will result in an extension of the time for completion of the Water Line or change in types of materials or methods of construction being used under the contract, unless the Developer shall have received City's prior written approval of such amendment. In the event that the Developer fails to secure such approval, the contract shall be deemed not to have been modified by such amendment and Developer shall not be entitled to reimbursement for any amounts contained in the amendment. The City represents to Developer that sufficient funds are available to fully reimburse Developer for the cost of the Project as allowed herein. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, CITY SHALL NOT BE OBLIGATED TO REIMBURSE DEVELOPER FOR ANY CONSTRUCTION COSTS FOR THE WATER LINE,AS PROVIDED HEREIN,UNLESS AND UNTIL CITY APPROVES SAID CONSTRUCTION COSTS IN WRITING AND DEVELOPER PROVIDES COPIES OF CONTRACTOR'S INVOICES AND VERIFICATION OF PAYMENT, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, AFFIDAVITS OF PAYMENT EXECUTED BY THE CONTRACTOR AND ANY OTHER SUPPORTING DOCUMENTATION REASONABLY REQUIRED BY CITY BEFORE ANY AMOUNT IS TENDERED TO DEVELOPER. 3. Capital Improvement Plan. City acknowledges and represents to Developer that the Water Line is included in the City's Capital Improvements Plan. DEVELOPMENT AGREEMENT - Page 2 4. Impact Fees. Developer acknowledges that the Property is subject to the Impact Fee Ordinances. Developer is not receiving any credit towards water or sewer impact fees under this Agreement and this Agreement does not alter the City's right to assess and collect water and sewer impact fees against the Property pursuant to the Impact Fee Ordinances. 5. Continuity. This Agreement shall be a covenant running with the land and shall be binding upon the Developer, its officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. In addition, the parties shall cause this Agreement to be filed in the Land Records of Dallas County and Collin County. 6. Sovereign Immunity. Except for the obligations set forth in this Agreement, Developer and City agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 7. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United State Mail, addressed to the party to be notified, postage pre-paid and registered or verified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date factual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Developer to: Woodbridge 1314, Ltd. Attention: Donald P. Herzog 9696 Skillman Street, Suite 210 Dallas, TX 75243 With a copy to: Winstead Sechrest &Minick P.C. 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270 Attn: Arthur J. Anderson If to City, to: Mindy Manson City Manager 2000 Highway 78 North Wylie, Texas 75098 DEVELOPMENT AGREEMENT - Page 3 With a copy to: Julie Y. Fort Abernathy, Roeder, Boyd & Joplin, P.C. 1700 Redbud Blvd., Suite 300 McKinney, TX 75069 8. INDEMNIFICATION. DEVELOPER, ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES, DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF DEVELOPER, ITS OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FOR WHOM DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT (HEREINAFTER "CLAIMS"). 9. PARTIES' ACKNOWLEDGMENT OF CITY'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS, STATUTES AND CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCES, RULES AND REGULATIONS/DEVELOPER'S WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. A. THE PARTIES ACKNOWLEDGE AND AGREE THAT: 1. THE PUBLIC IMPROVEMENTS TO BE CONSTRUCTED AND/OR PAID FOR BY THE DEVELOPER AND/OR THE FEES TO BE IMPOSED BY THE CITY REGARDING THE PROPERTY PURSUANT TO THIS AGREEMENT DO NOT CONSTITUTE A: (a) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (b) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE AMENDED; (C) NUISANCE;AND/OR (d) CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION. 2. THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION (AFTER RECEIVING ALL CONTRACTUAL OFFSETS, DEVELOPMENT AGREEMENT - Page 4 CREDITS AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT DEVELOPER'S DEVELOPMENT PLACES ON THE ROADWAY, WATER AND/OR SANITARY SEWER SYSTEM OF THE CITY. 3. DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY FROM ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, AND/OR TRUSTEES, BROUGHT PURSUANT TO THIS PARAGRAPH. B. DEVELOPER RELEASES THE CITY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS RELATED TO THIS AGREEMENT. C. DEVELOPER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION RELATED TO THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. Vested Rights/Chapter 245 Waiver. Nothing in this Agreement shall be implied to vest any rights in the parties. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245, Texas Local Government Code and nothing in this Agreement provides the City with fair notice of Developer's project. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE UNDER THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11. Attorney's Fees. In any legal proceeding brought to enforce the terms of this Agreement, including but not limited to a proceeding brought pursuant to ¶ 9 or 10 above, the prevailing party may recover its reasonable and necessary attorneys' fees from the non-prevailing party as permitted by Section 271.159 of the Texas Local Government Code, effective on September 1, 2005 or as it may subsequently be amended. 12. Construction. All construction will be in accordance with applicable Ordinances and Codes of City. Evidence of any bonds required by Section 212.073 of the Texas Local Government Code, or other applicable law, shall be provided by Developer or the contractor to the City. 13. Compliance with Ordinances. The parties hereto acknowledge this Agreement is limited to setting forth the obligations of City to reimburse Developer for construction of the Water Line as set forth herein. City ordinances, including but not limited to those establishing construction standards, covering on-site improvements, property taxes, tap fees, utility rates, zoning, permits, water, sewer and thoroughfare impact fees, subdivision regulations and the like, are not affected by this Agreement. Unless expressly stated herein, this Agreement does not waive or limit the obligations of Developer to City under any ordinance. DEVELOPMENT AGREEMENT - Page 5 14. Miscellaneous. (a) Assignment. This Agreement is assignable upon the following conditions: (i) the assignment of the Agreement must be evidenced by a recordable document. The recordable document referred to in this paragraph is subject to the approval of City; (ii) at the time of any assignment, Developer must give the assignee written notice that any and all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by the assignee; (iii) Developer will file any approved, executed assignment in the Land Records of Collin County, Texas; and (iv) Developer shall provide City with the name, address, phone number, fax number and the name of a contact person for the assignee. (b) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. (c) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. (d) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. (e) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes, (f) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. (g) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. (h) Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other DEVELOPMENT AGREEMENT -Page 6 provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been contained herein. (i) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. (j) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. (k) Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. (1) Force Majeure. If performance by either party of any term, condition or covenant in this Agreement is delayed or prevented by an act of God, strike, lockout, shortage of material or labor, any federal or state law or any order, rule or regulation or governmental authority, civil riot, flood, or any other cause not within the control of the party, the period for performance of the term, condition or covenant shall be extended for a period equal to the period said party is so delayed or prevented. (m) Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon the Developer, and its respective, officers, directors, partners, employees, representatives, contractors, agents, successors, assignees, vendors, grantees and/or trustees. (n) Recitals Incorporated. The recitals set forth above are incorporated as if set forth herein and the parties relied upon the accuracy of the recitals when entering into this Agreement. (o) Exhibits Incorporated. Each exhibit attached to this Agreement and referenced above is incorporated into this Agreement for all purposes as if fully set forth herein. 15. Governmental Powers; Waivers of Immunity. By its execution of this Agreement, the City does not waive or surrender any of its governmental powers, immunities, or rights except as follows: (a) The City waives its governmental immunity from suit and immunity from liability as to any action brought by a party to pursue the remedies available under this Agreement, but only to the extent necessary to pursue such remedies. Nothing in this section shall waive any claims, defenses or immunities that the City has with respect to suits against the City by persons or entities other than a party to this Agreement. DEVELOPMENT AGREEMENT - Page 7 (b) Nothing in this Agreement is intended to delegate or impair the performance by the City of its governmental functions. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the last date written below. CITY OF WYLIE, TEXAS, WOODBRIDGE 1314, LTD. a municipal corporation a Texas limited partnership By: HDC Properties of Austin, Inc. By: a Texas corporation John Mondy, Mayor Date: By: � pr t - 7 onald P. Herzog, Pre t Date: J/4/i y %7 �?t�0T7 STATE OF TEXAS * COUNTY OF COLLIN * BEFORE ME, the undersigned authority, on this day personally appeared JOHN MONDY, the Mayor of the CITY OF WYLIE, TEXAS, a municipal corporation, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the CITY OF WYLIE, TEXAS and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of 2006. Notary Public in and for the State of Texas My Commission Expires: DEVELOPMENT AGREEMENT - Page 8 STATE OF TEXAS * COUNTY OF COLLIN * BEFORE ME, the undersigned authority, on this day personally appeared DONALD P. HERZOG, the President of HDC PROPERTIES OF AUSTIN, INC., who is the general partner of WOODBRIDGE 1314, LTD., known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the WOODBRIDGE 1314, LTD., and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ,day of �zl 1 , 2007. - - CAROLYN F ELLIS Notary Public, State of Texas Notary Public in and foil-the State of Texas '�,i , My Commission Expires My Commission Expires: % 12-05-2010 DEVELOPMENT AGREEMENT - Page 9 EXHIBIT A LEGAL DESCRIPTION Item 4-Attachment-Woodbridge Development Agreement Page 10 OWNER'S CERTIFICATE STATE OF TEXAS * COUNTY OF COLLIN" WHEREAS WOODBRIDGE XIII,LTD., is the owner of a tract of land situated in the Richard Newman Survey, Abstract No.660, in the City of Wylie, Collin County,Texas, being part of a called 199.3963 acre tract of land described in deed to Woodbridge Properties, LLC, recorded in Collin County Clerk's File No.97-0032076,and part of a 44.3305 acre tract of land described in deed to WGC Properties, LLC, recorded in Collin County Clerk's File No. 1997-0107782, both of the Land Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod with cap stamped"KHA"found for the northwest corner of Lot 49, Block H of WOODBRIDGE PHASE 9, an addition to the City of Wylie,Collin County,Texas,according to the plat thereof recorded in Cabinet Q, Slide 372, of the Map Records of Collin County,Texas; Thence leaving the north line of Lot 49, Block H of WOODBRIDGE PHASE 9 and across the beforementioned 199.3963 acre tract, the following courses and distances to wit: —North 02°02'20" East, a distance of 160.00 feet to a 5/8-inch iron rod set with cap stamped"KHA"(herein after called"5/8-inch iron rod set")for corner, —North 87°57'40"West, a distance of 60.00 feet to a 5/8-inch iron rod set for the POINT OF BEGINNING; THENCE continuing across 199.3963 acre tract, the following courses and distances to wit: —North 87°57'40"West, a distance of 383.14 feet to a 5/8-inch iron rod set for the beginning of a curve to the left; —Southwesterly,with the curve to the left,through a central angle of 36°51'24", having a radius of 275.00 feet, and a chord bearing and distance of South 73°36'38"West, 173.87 feet, an arc length of 176.90 feet to a 5/8-inch iron rod set for the end of the curve; —South 55°10'56"West,a distance of 136.14 feet to a 5/8-inch iron rod set for comer, —North 34°49'04"West, a distance of 124.84 feet to a 5/8-inch iron rod set for the beginning of a curve to the right; —Northwesterly, with the curve to the right, through a central angle of 6°55'51", having a radius of 700.00 feet, and a chord bearing and distance of North 31°21'09"West, 84.62 feet, an arc length of 84.68 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the left; —Southwesterly,with the curve to the left,through a central angle of 19°21'30", having a radius of 515.00 feet, and a chord bearing and distance of South 55°05'48"West, 173.18 feet, an arc length of 174.00 feet to a 5/8-inch iron rod set for the end of the curve; —South 45°25'03"West,a distance of 393.06 feet to a 5/8-inch iron rod set for the beginning of a curve to the right; —Southwesterly,with the curve to the right,through a central angle of 11°27'15", having a radius of 485.00 feet,and a chord bearing and distance of South 51°08'41"West,96.80 feet, an arc length of 96.96 feet to a 5/8-inch iron rod set for the end of the curve; —South 56°52'18"West,a distance of 365.46 feet to a 5/8-inch iron rod set for corner, —South 71°45'58"West, a distance of 50.52 feet to a 5/8-inch iron rod set for corner, —South 63°11'37"West,a distance of 120.00 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the left; PAGE 1 OF 2 THENCE continuing across the 199.3963 acre tract and the beforementioned 44.3305 acre tract, the following courses and distances to wit: -Northwesterly,with the curve to the left,through a central angle of 6°19'19", having a radius of 545.00 feet, and a chord bearing and distance of North 29°58'03"West,60.10 feet, an arc length of 60.13 feet to a 5/8-inch iron rod set for the end of the curve; -North 33°07'42"West, a distance of 547.75 feet to a 5/8-inch iron rod set for the beginning of a curve to the right; -Northwesterly,with the curve to the right, through a central angle of 20°17'37", having a radius of 935.00 feet,and a chord bearing and distance of North 22°58'54"West,329.44 feet, an arc length of 331.17 feet to a 5/8-inch iron rod set for the end of the curve; -North 12°50'05"West,a distance of 59.26 feet to a 5/8-inch iron rod set for corner; -North 77°09'55"East,a distance of 120.25 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the right; -Northeasterly,with the curve to the right, through a central angle of 174°15'39", having a radius of 50.00 feet, and a chord bearing and distance of North 80°02'05"East, 99.87 feet, an arc length of 152.07 feet to a 5/8-inch iron rod set for the end of the curve; --North 77°09'55" East, a distance of 23.14 feet to a 5/8-inch iron rod set for corner; -North 12°50'05"West, a distance of 110.00 feet to a 5/8-inch iron rod set for corner; -North 77°09'55" East,a distance of 615.39 feet to a 5/8-inch iron rod set for the beginning of a curve to the left; -Northeasterly,with the curve to the left, through a central angle of 33°11'27", having a radius of 340.00 feet,and a chord bearing and distance of North 60°34'11"East, 194.22 feet,an arc length of 196.96 feet to a 5/8-inch iron rod set for the end of the curve; -North 43°58'28" East,a distance of 467.00 feet to a 5/8-inch iron rod set for corner in the south line of GLEN KNOLL MOBILE HOME PARK, an addition to the City of Wylie, Collin County, Texas,according to the plat thereof recorded in Cabinet E, Slide 6,of the Map Records of Collin County,Texas; THENCE with the south line of GLEN KNOLL MOBILE HOME PARK,South 87°56'32" East, a distance of 205.48 feet to a 5/8-inch iron rod set for the southerly common corner of GLEN KNOLL MOBILE HOME PARK and a called 39.76 acre tract of land described in deed to the City of Wylie, recorded in Volume 753, Page 444 of the Deed Records of Collin County, Texas; THENCE with the south line of the 39.76 acre tract, South 87°57'40"East,a distance of 455.12 feet to a 5/8-inch iron rod set for corner; THENCE leaving the south line of the 39.76 acre tract and across the 199.3963 acre tract, the following courses and distances to wit: -South 02°02'20"West,a distance of 160.00 feet to a 5/8-inch iron rod set for corner, -South 87°57'40" East, a distance of 10.00 feet to a 5/8-inch iron rod set for corner; -South 02°02'20"West, a distance of 27.42 feet to a 5/8-inch iron rod set for the beginning of a curve to the left; -Southeasterly,with the curve to the left,through a central angle of 36°29'21", having a radius of 480.00 feet, and a chord bearing and distance of South 16°12'21" East, 300.55 feet,an arc length of 305.69 feet to a 5/8-inch iron rod set for the end of the curve; -South 34°27'01" East,a distance of 143.90 feet to a 5/8-inch iron rod set for the beginning of a curve to the right; -Southeasterly,with the curve to the right,through a central angle of 36°29'20", having a radius of 420.00 feet, and a chord bearing and distance of South 16°12'21" East, 262.98 feet,an arc length of 267.48 feet to a 5/8-inch iron rod set for the end of the curve; -South 02°02'20"West, a distance of 81.69 feet to the POINT OF BEGINNING and containing 42.2853 acres(1,841,946 square feet)of land. Bearing system based upon the plat of WOODBRIDGE GOLF CLUB, an addition to the City of Wylie,Collin County, Texas, according to the plat thereof recorded in Cabinet L, Slide 246 of the Map Records of Collin County,Texas. PAGE 2 OF 2 Exhibit "B" 12-INCH WATER LINE Item 4-Attachment-Woodbridge Development Agreement Page 11 Project h o. 2002164 BIRHOFF, HENDRICKS & CONWAY, L.L.P. K CONSULTING ENGINEERS Client: City of Wylie Date: 2/1/2006 Project: Waterline Improvements CIP 2005-2015 Summary of Projects(includes S15/L.f. Open Cut For Esmt.) By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item]�o. Description Quantity Unit Price Amount 730 Service Area Waterline CIP Projects 1 2005-2006 Project L1 (Creekside Developer Construction) 1 L.S. S 866.000.00 S 866,000.00 * xr a., DO5=2 9'00b r,t s6t . an *c xea e n 3, ,> .t ;' `a1 i Q0 O0 4 .6,SDQ"OII. s n+n� 4 '�4 F s��t, Fpps'� or �1 Y,y *c n "1,�EY�A.t "q�q2x!� t g A a t�QYk '"c{ems �<�',a '�°f�SdP Y. 3ef k 4Was�. t� ��v�i�}�yy� i 1 i��,� �'�''(�y-� i ` 3..r a i 4ii�1 +�l0VC' k Q,,,,�4s vF �^ i47fa1, "l j '.w1Z '�,+�r"X " t � �C.i�! I$ 4;, 17yV1#i.3:UUi t tfi79."oai3OO'. _, x 2btlS= b0S o,lectlft *giltCdt r-e lcstae Aaz g t ap , .5&B OIa11 i�0 .Sbi;000 0" i p tl a F ,u ,?` 5 2008-2015 Project L5 -FM 1378 to Hideaway Court 1 _ L.S. S 449,000.00 S 449,000.00 High Service Area Subtotal: S 3.695.500.00 679 Service Area Waterline CIP Projects i 2QQ 10 a4olect sfi.'' I e#, ,ea eskga ry r !i 4 a '� '00o'04 e�97,5O000; �� tc � ' '�9�e ` Il r r �' S Aux ' �s t i p *� 'r 1' "-� S' h px r c ° F. 3 y., : v Y3 a a�, y'3� r it 'k a .:.: .::' 2 a '011 "'. 10:� `atti e. �' �i ,s 1 . B iii .�d w't k' I x.t� » 4 "vizt i4'!:::-:::!'"'''''''';':4,-...:.:':.::' w 42,000 i10 v s o-. U _ yx r aL u v t`' ."# ,z�"° '� ir" - 4 ' v4 ,� i rit".n 4'0 ". r 20©5 20D8Project:IsS«t�on,,.......,,......$' the Er.eet'Ttl:tzt i irks " : 3 ...... 541O 0 $" .''i836,000..00 4 2008-201C Project L9 -Hensley Lane Distibution Line No. 1 1 L.S. S 916.000.00 $ 916,000.00 5 2010-2015 Project LI 1 -Lake Travis&Canyon Lake Waterlines 1 L.S. S 99.000.00 $ 99,000.00 F �ni r ?n1 z, Prnir+rt I 1?-Fact girl,-Warr,-Tlictrihnrion I ine& 1 I. 473 000 0(1 471000 00 t7 2010-2015 Project L13-Woodbridge Waterlines 1 L.S. S 740.000.00 $ 740,000.00 I 8 2005 Project L10-East Alan's Drive 12" Waterline 1 L.S. S 250.000.00 S 250.000.00 t y� 1T I t ..y .y x P a , :9. 20 05,2.008,PxIole ct,T15 T3rnvy'n'Str. et&t,Sand en'WaterLines 9. $ 30fl0(ltl00 .S 300;000 0 Low Service Area Subtotal: S 4.648.000A0 1 20©6'2007`Sy5tetn-'Prolcct 2� ressure:Radvcing`VatveVau _. L � 00 00 '. 319 500.00 !I Total for Both Service Areas: S 8.658.000.00 ......................... -All proiects either completed or recommended for Phase 1 of the CIP are shown in Bold Type - Projects that are included in current enmeermo proposa - Al projects include an estimated engineering and surveying allowance Page,1 0,1•` BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2002164 CONSULTING ENGINEERS Client: City of Wylie Date: 2/1/2006 Project: Waterline Improvements Recommenced in 2010-2015 679 Service Area Project L13-Woodbridge Waterlines By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item Nt. Description Quantity I Unit Price Amount 1 Furnish&Install 16-Inch Waterline w/Std.Embedment 0 L.f. $ 50.00 $ - 2 Furnish&Install 16-Inch Waterline w/Conc.Encasement 0 L.f. $ 70.00 $ - 3 Furnish &Install 16-Inch Waterline by Other Than Open Cut 0 L.f. $ 300.00 5 - 4 Furnish& Install 12-Inch Waterline w/Std.Embedment 5.300 L.f. $ 45.00 $ 238.500.00 5 Furnish&Install 12-Inch Waterline w/Conc.Encasement 100 L.f. $ 60.00 $ 6.000.00 6 Furnish&Install 12-Inch Waterline by Other Than Open Cut 100 L.f. $ 275.00 $ 27.500.00 7 Furnish&install 8-Inch Waterline w/Std. Embedment 3.300 L.f. S 30.00 $ 99.000.00 8 Furnish&install 8-Inch Waterline w/Conc. Encasement 100 E S.. $ 45.00 $ 4.500.00 9 Furnish& Install 8-Inch Waterline by Other Than Open Cut 50 L.f. $ 170.00 S 8,500.00 10 Furnish&Install 16-Inch Butterfv Valve 0 Ea. S 4,000.00 $ - 11 Furnish&Install 12-inch Gate Valve 5 Ea. $ 2,500.00 5 12.500.00 12 Furnish&Install 8-Inch Gate Valve 3 Ea. 5 900.00 5 2,700.00 13 Furnish&install Blow-off Valve 4 Ea. $ 3.500.00 $ 14,000.00 14 Furnish&install Air/Vacuum Release Valve 4 Ea. S 4,000.00 S 16.000.00 15 Furnish&Install Trench Safety Design &Systems 8.800 Ea. $ 2.00 $ 17.600.00 16 Furnish.Instal; &Maintain Erosion Control Devices 17.600 Ea. $ 2.00 $ 35.200.00 17 Remove&Replace Driveway Pavement 180 S.Y. $ 25.00 S 4.500.00 Subtotal: S 486,500.00 Eneineerint.Contingencies and Miscellaneous Items: 25% S 121.625.00 Total: S 608.000.00 Easements:a S15/L.f. Open Cu: 8.800 L.f. 5 15.00 S 132,000.00 I (i TOTAL BUDGET AMOUNT: $ 740.000.00 , • .!. .._ . ., ..„ .... , ,.--,.-. -, .... ::,,..,, . ..-..-_...:.•;-,.„,:,,,,,,t,... ..... ..::‘..._ .:,.:,... „_ , _... ... .._. . . f,3--___ , ,--.'s,..-, ' .".:::-.:-.--, .- -- . ..',.--.:•;,.= -. --:. ,:,.._...._. 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Yf - r! ►' 4, .• "k 1.1.E •414-' E:. 1 it , .. -Inch equals feet ENGINEERING DEPARTMENT q Chris Hoisted,P.E. 849 Hensley Ln. 0 140 280 560 Wylie,TX 75098 Feet (972)442-8109 thoatedatci.wy l'ie.lx.u s Kathleen Hartnett White,Chairman N.: R.B."Ralph"Marquez,Commissioner iz 14'',� Y ��t'', Larry R.Soward,Commissioner . `;'s < ,5 ��J j Glenn Shankle,Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution August 24, 2004 The Honorable John Mondy Mayor of Wylie City of Wylie 2000 Highway 78 North Wylie,Texas 75098 Re: Municipal Solid Waste(MSW)-Collin County City of Wylie Closed MSW Landfill-MSW Permit No. 712(Revocation: May 25,2000) Water Line Improvements on Closed Landfill Site Mail Log No. 04-6608/WWC No. 10729372 RN102119971 /CN600613376 Dear Mayor Mondy: We received a request on August 20, 2004, regarding the proposed water line improvements to cross a portion of the City of Wylie Closed Municipal Solid Waste(MSW)Landfill. Our evaluation indicates that the information presented is sufficient to begin construction activities. Although the letter states that no waste was ever placed in the area of proposed water line improvements,please notify us if any waste is encountered during construction. The waste must be removed, evaluated, and taken to an appropriate disposal facility. Any waste left in place must be properly sealed,and no waste shall be exposed overnight. The integrity of the final cover or liner systems shall not be knowingly disturbed,nor penetration of the final cover or liner systems allowed,without the prior written approval of the Executive Director,per Title 30 of the Texas Administrative Code(TAC)Chapter 330 Section §330.955 (relating to Prohibitions). If you have any questions concerning this matter,please contact me at MC-124,P.O. Box 13087, Austin, Texas 78711;telephone number(512)239-3419. Sincerely, —J l Rebecca Beard,Environmental Permit Coordinator Municipal Solid Waste Permits Section fA— Waste Permits Division RB/pt cc: Mr.Chris Hoisted,P.E.,City Engineer,City of Wylie Ms.Ashley Frysinger,P.E.,Kimley-Horn and Associates,Inc. P.O.Box 13087 • Austin,Texas 7871]-3087 • 512/239-1000 • Internet address:www.tceq.state,tx.us prinlcd on recycled paper using soy based ink • Kathleen Hartnett White.Chairman Lam:R.Soward,Commissioner Glenn Shankle,Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution September 1,2006 Ms.Ashley M.Frysinger,P.E. Kimley-Horn and Associates,Inc. 12700 Park Central Drive Suite 1800 Dallas,TX 75251 Re: Municipal Solid Waste(MSW)-Collin County City of Wylie Landfill—Former MSW Permit No.712 Construction of 12-inch Water Line Over a Closed MSW Landfill WWC# 11413303;RN102119971/CN600613376 Dear Ms.Frysinger: On July 12, 2006,the Municipal Solid Waste(MSW)Permits Section received a request for the construction of a 12-inch water line over the closed MSW landfill in Wylie,Texas. This request was submitted to Texas Commission on Environmental Quality(TCEQ)by you on behalf of the City of Wylie. In order to complete the processing of this request,please provide the following: 1. A certification as required in Title 30 TAC§330.957(b); 2. A summary of existing conditions as set forth in Title 30 TAC§330.957(c); 3. A site layout map of the closed landfill showing the route of the proposed 12-inch water line; 4. A description of the construction/investigation process including, but not limited to, work schedule and safety issues during construction;and 5. A description of the procedures for water and/or methane monitoring and excavated material disposal during construction. Also, please be sure that engineering documents are properly signed and sealed as required in the Texas Engineering Practice Act,Subchapter I,§1001.401(b). If you have any questions you may contact me at MC-124, P.O. Box 13087, Austin, Texas 78711; or by telephone at(512)239-4465;or by email at hpearson@tceq.state.tx.us. Sincerely, 4/4/4"1"4-4449 Harold Pearson,P.E.,Project Manager Municipal Solid Waste Permits Section Waste Permits Division HP/fp cc: Mr.Chris Hoisted,P.E.,City Engineer,City of Wylie P.O.flux 13087 • Austin,Texas 78711-3087 • 512/239-1000 • Internet address:u,ww.teeq.state.tx.us j OFFSITE WATER PLANS FOR WOODBRIDGE ...__ PHASE 13 j WI FEBRUARY 2007 3 INDEX OF SHEETS SHEET NO. DESCRIPTION DATE REVISIONS I / , P HENV fY ...I6 TYB W R008 C-1 ,COVER SHEET ` J �ci� z < 111 N C-2 GENERAL NOTES F NDCREST C-3 OFFSITE WATER PLAN&PROFILE-(1+00-8+00) ' ' H ALANIS C-4 ,OFFSITE WATER PLAN&PROFILE-(8+00-END) OMITS n I I C-5 EROSION CONTROL PLAN AND DETAILS ATER LINK PHASE 12 WYLE ,11 yI CITY LIMIT FLANS SUBMITTAL/REVIEW LOG ` I 0LONIAL PHAB�1s EADONL"Rr< • 1STI SUBMITTAL TOOT OF ONS FOR 05/24/06 Oe'FkfatWW: INITIAL RENEW-NOT FOR CONSTRUCTION • 2ND SUBMITTAL TO CITY OF WYLIE FOR 07/19/06 REVIEW-NOT FOR CONSTRUCTION \ PHASE 10C/ ::Y:::::I'�,�,-'•_'- •3RD SUBMITTAL TO CITY OF WYLIE FOR 08/15/06 i• I` X.PHASE 9 REVIEW-NOT FOR CONSTRUCTION COLLIN COUNTY DALLAS COUNTY • 41H SUBMITTAL TO CITY OF WILE FOR 02/07/07 •�`, J REVIEW-NOT FOR CONSTRUCTION PHASE 100 tl • 5TH SUBMITTAL TO CITY OF WYLIE FOR 04/03/07 Fs REVIEW-NOT FOR CONSTRUCTION 4- O,P yPe % 1404, • LOCATION MAP nitalreigh NOT TO SCALE IERZOG DEVELOPMENT CORPORA770N 06E8 SKLLMAN*TRfWT,MATT t10 DALLAS,TEXAS 7e817 1. RwTx COMFITM 6 NY SOLI. TW..NO.Pt/Q He-000 aIIBUACK TES TOT AT ROLE a MM. My PAX.NO. ELEVATOR E ,ATOR STOW LOCATED EEAST CUT fIdTOOrIRETEO 1E ROE P . _ GOLF I GLUT . I IN Dcn�r AMARECr M.TO%AT HOLEOP CLUB r � ❑ IGmley-Horn °""TION �� CITY OF WYLIE, a"`�= STO P! IIIIIIIII. and �1 Inc. CALL BEFORE YOU DIG 6 WOO � SPRI PtI fangi;g] COLLIN COUNTY, TEXAS ,.D ,>c.. 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DDfe: JANUNRY 3008 P L Q I I"I P 1 nl 0 F f� ..---t-o� -- a lei w.(V�3)sdv-S°10 Project No. oeaseno8 Ills VV UU UU UU --�_ A Residential Golf Community a o $ a S u V A llr I� 0 )t,"‘4)1 I V/ 11 pllll l \ ,'1,/ ( \ \ , 1 I A ''' Ai, i / )) ') 1.1; sas l� lit I l'i (i/1/"1/1/ � tr%) I 1 l/ l II I, 1 7 S I �� I// /�/ 1 /Ili r R a� Zr(b I :;',,,,Ifi,:ij w' �P F i I )I 1 g Qox I .. / / / / F ; s/ l / m ' ' /ill ' I/ / 1 x III / t I i b \ /./ I' /A, 1 1 1 \ /// �� J \ 1 F/I/ I I 1 M / //// / I NI I _t /1/// ///I1 III 1I:I(A/ $ I I0 ////�11 i fl'/ /l 1 'FF1PE 1 ,4 / / ,k 1111 k 1 ' r� I I/l ( ri 1/,�I f vi l ro ,• I_Am 1'/% \; / !!/t uft:1l I s o�,�'"., 1 -'_ If.. h\ rIlr ...1\ ; — i,/ /� ( Io ) vllllll l / //i ! r 115 t lIll ri I ill//#41 i 1 1/l//11 1 �r _ 1 / / 'I 1 // //% i 1 a�►At ' "Lit'I /" Os'k t N �" • n ii €i I t Olt 1 i l k 1 e O I 1 lwr /�r j I II I / / ; -u0 '; \\ 4'/ i\ 1$11 s'I I I / Arn z r 1 . i J/. I Y ' I / R#g 'N\\ o,�l j v vv vv , , 11 � ,Q \ \i I a 8M1 \ \\N II d l l " " \ �t .-�\\ � \\ ,l \ II\ I \\ \ '� Fign \ \\\ \\ lw►\ )\ \ rj I L I `\\\\\ 11 4��\` \\ ` 1 I I ""11I AN Ng 8 /' 1 � -V 1" vv vv vvv ( \ I "'i ce' on s• w I 111 r`f 4,\-,\\t tin`\',\a' \I \ 1 I R°' x /' ��,1'•�iJVIIII V I N I T OW ' vI1 0._// 1VA v � v 1} 11IIi J,/11\\rttsi \ // ` •I \ ' hiiiiiEr _ I� i I g, : -- y . llII : : 4 1+1I/''' \\ \\Drr @ Eg �e �� � e j ;y '`` tea _ �y} ,.,, 1 J Ag ds i Ai \ 0 4 Ali.ri �i iiiirli:It li P li? a Ii No. Dale ReNMone App, Scale: 1'=40'H,1"=4 V Ipry� ��ty/�1y/�//p�� DDrroinab byRVG J OO u FS��E VU W�ER \ I �, PHASE 13 ❑=� �mley-Horn ti Checked by, AIAF l� !1 \I U,U,<��ID� �� and Assoaates,Inc Pale: JANDARY 2C" PLAN O P R O f O j L `T r ,7 C i l Port Cn sw��fM0 it 4'2/i].3o-Project No. 063564,06 if �_ A Residential Golf Community "'°'"" r� map 1 WOODBRIDGE PH. 13- OFFSITE WATER LINE Month Hrs Rate/Hr. Cost Description of Work Provided October-06 0.5 $170.00 $85.00 Review TCEQ comments for the offsite water line; 0.5 $170.00 $85.00 Phone call with Chris Hoisted(City Engineer)to discuss how to address TCEQ comments; November-06 1.0 $140.00 $140.00 Phone call to Red Weddell at TCEQ to discuss comments on offsite water line; 1.0 $140.00 $140.00 Phone call with Red Weddell(TECQ)regarding their submittal process if a water line alignment crosses trash areas within a closed landfill; Phone call with Chris Hoisted(City Engineer)to discuss TCEQ 0.5 $140.00 $70.00 comments on the offsite water line.Sine they may not approve the plans,Chris would like us to re-route water line to go under existing creek and submit to him for review; 1.5 $140.00 $210.00 Re-route offsite water line to go under creek; 1.0 $140.00 $140.00 Coordinate with survey sub-consultant to tie NTMWD.existing sanitary sewer manhole shots along the creek; 1.0 $140.00 $140.00 Review new alignment and email exhibit to Chris Hoisted for approval. December-06 2.0 $130.00 $260.00 Prepare a drawing showing the existing NTMWD sanitary sewer line and manhole locations; 0.5 $130.00 $65.00 Coordinate with Chris Hoisted on the approval of the alignment and to obtain additional field topo for the new location; 1.5 $140.00 $210.00 Re-design onsite and offsite water lines per the new offsite water line alignment; 1.0 $140.00 $140.00 Email AutoCad file of the revised offsite water line alignment to the survey sub-consultant to obtain field topo; 9.5 $125.00 $1,187.50 Revise Phase 13 plan sheets per the new offsite water line alignment; $690.00 Fee for survey subconsultant to obtain topo for the new alignment of the offsite water line along the west side of the creek; 0.5 $140.00 $70.00 Coordinate with Brian Havens to get additional topo shots of the existing power poles and franchise utilities; 0.5 $140.00 $70.00 Review the new topo shots and revise the offsite water line alignment to be aligned between the power poles and existing sanitary sewer line; 1.0 $140.00 $140.00 Email AutoCad file of the new offsite water line alignment to survey sub- consultant to stake for upcoming site visit; 7.5 $125.00 $937.50 Revise Phase 13 and Offsite Water Line plans per additional topo information; 5.0 $140.00 $700.00 Review the revised offsite water line and Phase 13 plans for re- submittal to the City; Coordinate with Brian Havens to get additional topo shots. Reviewed 1.5 $140.00 $210.00 new topo shots and revised water line alignment to go betweeen the power poles and existing sanitary sewer line; 2.0 $140.00 $280.00 Third revision to the Offsite Water Line plans per existing utilities location with the alignment area; 2.0 $170.00 $340.00 Review Phase 13 and Offsite Water Line plans; Coordination with Bob Quinn(NTMWD)to obtain as-built copies of the 3.0 $170.00 $510.00 existing sanitary sewer line to be used for the revised Offsite Water Line plans; Review and revise offsite water line alignment plans and Phase 13 January-07 6.0 $150.00 $900.00 Plans and coordinate with Ashley Frysinger to sign and seal plans before making copies and submitting them to the City; 1.0 $180.00 $180.00 Coordinate on the offsite water line alignment revisions and NTMWD sanitary sewer line crossings; 2.0 $140.00 $280.00 Revise the offsite water line; G:\CIVIL\63564108\Admin\WB 13 Billing-offsite water line_Revised 07.07.2008.xls WOODBRIDGE PH. 13- OFFSITE WATER LINE Month Hrs Rate/Hr. Cost Description of Work Provided February-07 2.0 $205.00 $410.00 Review the revised property information for the water line easement and legal description for the water line easement; 30.0 $135.00 $4,050.00 Prepare the revised water line easements per changes requested by Chris Hoisted(City Engineer); 1.0 $180.00 $180.00 Sign and seal the revised offsite water line plans; 3.0 $150.00 $450.00 Review the revisions to Phase 13 plans and the offsite water line plans due to the new water line easement; 0.5 $150.00 $75.00 Phone call with C.A.Davis and Debby Bass regarding the approval of the revised offsite water line; 0.5 $150.00 $75.00 Coordinate with John Vicain to revise the Final Plat to incorporate the new water line easement for pre-construction meeting copies; 1.0 $180.00 $180.00 Review the revised water line legal description and exhibit; 11.0 $130.00 $1,430.00 Prepare easements and associated legal descriptions; 1.0 $145.00 $145.00 Revised Final Plat per easement relocation; March-07 1.0 $150.00 $150.00 Discuss the new alignment for the offsite water line per Chris Holsted's request with Johnny Ostrowski(survey sub-consultant); 1.5 $150.00 $225.00 Coordinate with Rnady Smith(survey sub-consultant)to obtain field topo points for the offsite water line; 1.5 $150.00 $225.00 Coordinate with Brian Havens(survey sub-consultant)to discuss topo needs and cost and email him the Autocad file of the revised alignment; 5.5 $130.00 $715.00 Upload the additional topo points,revise the offsite water line alignment and revise the water plan and profile sheet; Apri-07 2.0 $180.00 $360.00 Coordinate with KHA team on the revisions of the offsite water line plans,and send the plans to Debby Bass and the City for review; 2.0 $130.00 $260.00 Adjust water line profile and update plan view per NTMWD comments; 4.0 $130.00 $520.00 Review comments and move water line in between ex.Trees and creek; 3.0 $130.00 $390.00 Review NTMWD comments for the offsite water line and make adjustments; 0.5 $140.00 $70.00 Print and review City comments and discuss an air release valve detail with KHA team; Look for as-builts of existing s.s.line and determine the NTMWD flow 0.5 $150.00 $75.00 line elevations for purposes of showing crossings of the offsite water line; Review offsite water line plans and have them signed by Ashley 1.0 $150.00 $150.00 Frysinger,and then scan and email the plans to Chris Hoisted,C.A. Davis and Debby Bass for approval; 1.5 $150.00 $225.00 Review additional comments on the offsite water line alignment from Chris Hoisted and discuss the new alignment design with KHA team; 0.5 $150.00 $75.00 Review and send out email of Phase 13 offsite water line plans to Chris Hoisted and Bob Quinn(NTMWD); $2,070.00 Fee for survey subconsultant to obtain additional field topo for the revised offsite water line on February, 15,2007; May-07 4.5 $135.00 $607.50 Revise the offsite water line easement per changes made during engineering design; 1.0 $145.00 $145.00 Review,sign and seal the revised easement exhibits; 1.5 $150.00 $225.00 Coordinate with KHA team to revise the offsite water line easement exhibits per the new alignment that Chris Hoisted approved; $21,662.50 TOTAL G:\CIVIL\63564108\Admin\WB 13 Billing-offsite water line_Revised 07.07.2008.xls Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: 7 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: 615-5725-58310 Date Prepared: 12/23/08 Budgeted Amount: $ 3,100,000 Exhibits: 3 Subject Consider, and act upon, award of a contract to 2L Construction LLC, in the amount of $183,211.00, for the construction of a 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits. Recommendation Motion to award a contract to 2L Construction LLC, in the amount of$183,211.00, for the construction of a 12- inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits. Discussion On December 3, 2008, eight bids were opened for the construction of a 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits. The water line extends from Anchor Drive along Spinnaker Way to Coral Reef Lane and provides additional water capacity to portions of Newport Harbor and Birmingham Farms. Power to the Newport Harbor Pump Station is currently provided by overhead power lines that run along the north side of the alley north of Anchor Drive as shown on the attached display. To provide sufficient working room to construct the future two million gallon ground storage tank, the electrical service must be relocated underground including a pad mounted transformer. The low bid was submitted by 2L Construction LLC. The references were checked by Birkhoff, Hendricks and Conway and it appears that 2L construction has the resources and financial capability to successfully complete the project. Certificates of Obligation in the amount of$7,750,000 were issued in 2007 for multiple water system projects. $1,400,000 was included for the construction of the Newport Harbor Water Distribution Line and $1,700,000 was included for the construction of the 2.0 MG Ground Storage Tank. Approved By Initial Date Department Director CH 12/23/08 City Manager I ) � I Page 1 of 1 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 11910 Greenville Ave.,Suite 600 Dallas,Texas 75243 Fax(214)361-0204 Phone(214)361-7900 JOHN W.BIRKHOFF.P.E. RONALD V.CONWAY.P.E. GARY C.HENDRICKS,P.E. JOE R.CARTER.P.E. PAUL A.CARLINE,P.E. MATT HICKEY,P.E. December 5, 2008 Mr. Chris Hoisted, P.E. City Engineer City of Wylie 949 Hensley Lane Wylie, Texas 75098 Re: Spinnaker Way 12-Inch Waterline and Newport Harbor Pump Station Conduits Recommendation for Award of Contract Dear Mr. Holsted: We checked the bids received at 2:00 p.m. on December 3, 2008, for construction of the Spinnaker Way 12-Inch Waterline and Newport Harbor Pump Station Conduits project and are returning the original bid documents and bid bonds with this letter. Three(3) copies of the Bid Tabulation are also enclosed for your use. 2L Construction, L.L.C. of Haslet, Texas, submitted the lowest bid for the project in the amount of $183,211.00. We called several references provided by 2L Construction, L.L.C. and reviewed their equipment list and financial information. The references were favorable and it appears 2L Construction, L.L.C. has the resources and financial capability to successfully complete this project. Accordingly, we recommend that the City of Wylie accept the bid of provided by 2L Construction, L.L.C. and award them a contract for construction of the Spinnaker Way 12-Inch Waterline and Newport Harbor Pump Station Conduits project in the amount of$183,211.00. We are returning the eight (8)original bids and bid bonds received yesterday. We understand that you will return the bid bonds. Please call if you have any questions regarding this project. Sincerely yours, Joe R. Carter, P.E. Enclosures j:clerical Wylie 2006-125 fm1378&spinnaker ul spinnaker letters k award-rec-1_doc CITY OF WYLIE, TEXAS Spinnaker Way Water Line and Newport Harbor Pump Station Conduits BID SUMMARY Bids Received at 2:00 p.m.,Wednesday,December 3,2008 Contractor Total Amount Bid 1. 2L Construction, LLC 1150 Blue Mound Rd. West,#815 Haslet Texas 76052 $ 183,211.00 2. Jim Bowman Construction Co., LP 1111 Summit Ave., Suite 1 Plano, Texas 75074 $ 192,141.25 3. Canary Construction,Inc. 1430 Valwood Pkwy., Suite 150 Carrollton,Texas 75006 $ 195,413.00 4. P.E.T. Construction,Inc. P. O. Box 224 Midlothian, Texas 76065 $ 205,975.05 5. Quality Excavation,Ltd. 5620 U.S. Highway 377 Aubrey, Texas 76227 $ 238,890.30 6. Morrow Construction Company P. O. Box 158 Lavon, Texas 75166 $ 244,891.93 7. Saber Development Corp. P. O. Box 540186 Dallas, Texas 75354-0186 $ 259,996.50 8. Tri Dal Celina, Ltd. 4160 N. Preston Road Celina, Texas 75009 $ 381,426.00 J.\Wylie\2006125\specs\tech\P&BS-2(Spinnaker).xls TABULATION OF BIDS BID OF BID OF BID OF BID OF Date: December 3,2008 Project: CITY OF WYLIE, TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. 2L Construction,LLC Jim Bowman Construction Co.,LP Canary Construction,Inc. P.E.T.Construction,Inc. Spinnaker Way Water Line and PROFESSIONAL ENGINEERS 1150 Blue Mound Rd.West,#815 1111 Summit Ave.,Suite 1 1430 Valwood Pkwy.,Suite 150 P.O.Box 224 Newport Harbor Pump Station Conduits Dallas,Texas Haslet Texas 76052 Plano,Texas 75074 Carrollton,Texas 75006 Midlothian,Texas 76065 Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension Price Extension Price Extension 1 717 L.F. Furnish&Install 12"PVC Waterline(AWWA C900)By Open Cut With Class B+Embedment $35.00 $ 25,095.00 $41.00 $ 29,397.00 $79.00 $ 56,643.00 $73.00 $ 52,341.00 Furnish&Install 12"PVC Waterline(AWWA C900)By Open Cut With Class G Embedment 2 40 L.F. (Concrete Encasement) $85.00 $ 3,400.00 $80.00 $ 3,200.00 $109.00 $ 4,360.00 $90.00 $ 3,600.00 3 3 Ea. Furnish&Install 12"Gate Valve With Extended Operator $2,000.00 $ 6,000.00 $2,050.00 $ 6,150.00 $2,000.00 $ 6,000.00 $2,500.00 $ 7,500.00 4 2 Ea. Perform Wet Connections Including All Fittings $9,500.00 $ 19,000.00 $19,000.00 $ 38,000.00 $4,200.00 $ 8,400.00 $5,500.00 $ 11,000.00 5 47 L.F. Furnish&Install 18"RCP Storm Sewer(Class III)By Open Cut With Class C Embedment $30.00 $ 1,410.00 $110.00 $ 5,170.00 $107.00 $ 5,029.00 $72.00 $ 3,384.00 Furnish&Install 18"RCP Storm Sewer(Class III)By Open Cut With Class G Embedment 6 17 L.F. (Concrete Encasement) $130.00 $ 2,210.00 $150.00 $ 2,550.00 $67.00 $ 1,139.00 $130.00 $ 2,210.00 7 1 Ea. Furnish&Install 18"RCP Storm Sewer Plug $400.00 $ 400.00 $75.00 $ 75.00 $50.00 $ 50.00 $100.00 $ 100.00 8 1 L.S. Connect 18"Storm Sewer To Existing Curb Inlet $600.00 $ 600.00 $500.00 $ 500.00 $2,500.00 $ 2,500.00 $1,500.00 $ 1,500.00 9 I L.S. Remove and Replace Existing 10'Standard Curb Inlet And Storm Sewer Lateral $4,500.00 $ 4,500.00 $4,200.00 $ 4,200.00 $900.00 $ 900.00 $4,500.00 $ 4,500.00 Furnish&Install(2)4"PVC Electrical Conduits Per TXU Electric(Oncor)Specifications& 10 208 L.F. Details $25.00 $ 5,200.00 $19.00 $ 3,952.00 $65.00 $ 13,520.00 $7.00 $ 1,456.00 Furnish&Install Two Sets of(2)4"PVC Electrical Conduits Per City of Wylie Specifications& 11 100 L.F. Details $100.00 $ 10,000.00 $53.00 $ 5,300.00 $100.00 $ 10,000.00 $19.00 $ 1,900.00 Furnish&Install Termination Of Primary Conduits At Riser Pole Per TXU Electric(Oncor) 12 1 Ea. Specifications&Details $700.00 $ 700.00 $900.00 $ 900.00 $700.00 $ 700.00 $1,500.00 $ 1,500.00 13 1 Ea. Furnish&Install One Electrical Handhole(Pull Box)Per City of Wylie Specifications&Details $7,000.00 $ 7,000.00 $3,000.00 $ 3,000.00 $6,500.00 $ 6,500.00 $1,000.00 $ 1,000.00 Furnish&Install One Electrical Transformer Pad with Conduits for 3-Phase 225-500 KVA 14 1 Ea. Service Type DDS-4 UG per TXU Electric(Oncor)Specifications&Details with 7 Pipe Bollards $4,500.00 $ 4,500.00 $2,900.00 $ 2,900.00 $6,000.00 $ 6,000.00 $9,250.00 $ 9,250.00 15 890 L.F. Saw Cut Existing Reinforced Concrete Pavement,Curb,Barrier Free Ramp Or Sidewalk $2.50 $ 2,225.00 $1.50 $ 1,335.00 $1.50 $ 1,335.00 $4.00 $ 3,560.00 Remove&Properly Dispose Of Reinforced Concrete Pavement,Curb,Barrier Free Ramp Or 16 993 S.Y. Sidewalk $10.00 $ 9,930.00 $10.00 $ 9,930.00 $4.00 $ 3,972.00 $8.00 $ 7,944.00 17 270 S.Y. Construct 4'Reinforced Concrete Sidewalk $45.00 $ 12,150.00 $40.00 $ 10,800.00 $30.00 $ 8,100.00 $70.00 $ 18,900.00 J:\Wylie\2006125\specs\tech\P&BS-2(Spinnaker).xls Page 1 of 4 TABULATION OF BIDS BID OF BID OF BID OF BID OF Date: December 3,2008 Project: CITY OF WYLIE, TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. 2L Construction,LLC Jim Bowman Construction Co.,LP Canary Construction,Inc. P.E.T.Construction,Inc. Spinnaker Way Water Line and PROFESSIONAL ENGINEERS 1150 Blue Mound Rd.West,#815 1111 Summit Ave.,Suite 1 1430 Valwood Pkwy.,Suite 150 P.O.Box 224 Newport Harbor Pump Station Conduits Dallas,Texas Haslet Texas 76052 Plano,Texas 75074 Carrollton,Texas 75006 Midlothian,Texas 76065 Item Approximate - Unit Bid Unit Bid Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension Price Extension Price Extension 18 703 S.Y. Construct 6"Reinforced Concrete Pavement and Alley Pavement $40.00 $ 28,120.00 $44.00 $ 30,932.00 $32.00 $ 22,496.00 $36.00 $ 25,308.00 19 4 Ea. Construct Barrier Free Ramp $1,000.00 $ 4,000.00 $700.00 $ 2,800.00 $800.00 $ 3,200.00 $250.00 $ 1,000.00 20 550 L.F. Construct 6"Monolithic Concrete Curb $2.50 $ 1,375.00 $2.25 $ 1,237.50 $7.00 $ 3,850.00 $29.00 $ 15,950.00 21 6 Ea. Remove&Replace Existing Crepe Myrtle Tree $1,200.00 $ 7,200.00 $600.00 $ 3,600.00 $500.00 $ 3,000.00 $450.00 $ 2,700.00 22 2 Mos. Furnish,Install And Maintain Traffic Control Devices $1,500.00 $ 3,000.00 $500.00 $ 1,000.00 $500.00 $ 1,000.00 $350.00 $ 700.00 23 757_ L.F. Design Trench Safety Plan&Provide Trench Safety Systems $1.00 $ 757.00 $0.50 $ 378.50 $2.00 $ 1,514.00 $3.15 $ 2,384.55 Furnish&Install Wiring,other Materials,Equipment,Labor&Related Appurtenances to Transfer 24 1 L.S. Pump Station Electrical Service to Proposed Pad Mounted Transformer $22,000.00 $ 22,000.00 $22,000.00 $ 22,000.00 $21,600.00 $ 21,600.00 $21,800.00 $ 21,800.00 25 537 S.Y. Furnish,Install and Maintain Solid Sod Bermuda Grass $3.00 $ 1,611.00 $4.25 $ 2,282.25 $5.00 $ 2,685.00 $7.50 $ 4,027.50 26 46 L.F. Furnish&Install One Spare 4"PVC Electrical Conduit Per City of Wylie Specifications&Details $18.00 $ 828.00 $12.00 $ 552.00 $20.00 $ 920.00 $10.00 $ 460.00 TOTAL AMOUNT BID (Items 1 Through 26) $ 183,211.00 $ 192,141.25 $ 195,413.00 $ 205,975.05 J:\Wylie\2006125\specs\tech\P&BS-2(Spinnaker).xls Page 2 of 4 TABULATION OF BIDS BID OF BID OF BID OF BID OF Date: December 3,2008 Project: CITY OF WYLIE, TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Quality Excavation,Ltd. Morrow Construction Company Saber Development Corp. Tri Dal Celina,Ltd. Spinnaker Way Water Line and PROFESSIONAL ENGINEERS 5620 U.S.Highway 377 P.O.Box 158 P.O.Box 540186 4160 N.Preston Road Newport Harbor Pump Station Conduits Dallas,Texas Aubrey,Texas 76227 Lavon,Texas 75166 Dallas,Texas 75354-0186 Celina,Texas 75009 Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension Price Extension Price Extension 1 717 L.F. Furnish&Install 12"PVC Waterline(AWWA C900)By Open Cut With Class B+Embedment $50.00 $ 35,850.00 $55.86 $ 40,051.62 $85.50 $ 61,303.50 $105.00 $ 75,285.00 Furnish&Install 12"PVC Waterline(AWWA C900)By Open Cut With Class G Embedment 2 40 L.F. (Concrete Encasement) $47.00 $ 1,880.00 $75.00 $ 3,000.00 $201.00 $ 8,040.00 $130.00 $ 5,200.00 3 3 Ea. Furnish&Install 12"Gate Valve With Extended Operator $2,200.00 $ 6,600.00 $1,750.00 $ 5,250.00 $2,100.00- $ 6,300.00 $2,600.00 $ 7,800.00 4 2 Ea. Perform Wet Connections Including All Fittings $10,000.00 $ 20,000.00 $6,500.00 $ 13,000.00 $18,000.00 $ 36,000.00 $11,500.00 $ 23,000.00 5 47 L.F. Furnish&Install 18"RCP Storm Sewer(Class III)By Open Cut With Class C Embedment $83.00 $ 3,901.00 $57.73 $ 2,713.31 $65.00 $ 3,055.00 $100.00 $ 4,700.00 Furnish&Install 18"RCP Storm Sewer(Class III)By Open Cut With Class G Embedment 6 17 L.F. (Concrete Encasement) $107.00 $ 1,819.00 $167.00 $ 2,839.00 $70.00 $ 1,190.00 $130.00 $ 2,210.00 7 1 Ea. Furnish&Install 18"RCP Storm Sewer Plug $250.00 $ 250.00 $500.00 $ 500.00 $195.00 $ 195.00 $700.00 $ 700.00 8 1 L.S. Connect 18"Storm Sewer To Existin:Curb Inlet $1,400.00 $ 1,400.00 $1,500.00 $ 1,500.00 $1,600.00 $ 1,600.00 $1,100.00 $ 1,100.00 9 1 L.S. Remove and Replace Existing 10'Standard Curb Inlet And Storm Sewer Lateral $3,400.00 $ 3,400.00 $5,500.00 $ 5,500.00 $4,200.00 $ 4,200.00 $4,400.00 $ 4,400.00 Furnish&Install(2)4"PVC Electrical Conduits Per TXU Electric(Oncor)Specifications& 10 208 L.F. Details $28.50 $ 5,928.00 $35.00 $ 7,280.00 $49.00 $ 10,192.00 $33.00 $ 6,864.00 Furnish&Install Two Sets of(2)4"PVC Electrical Conduits Per City of Wylie Specifications& 11 100 L.F. Details $108.00 $ 10,800.00 $95.00 $ 9,500.00 $135.00 $ 13,500.00 $120.00 $ 12,000.00 Furnish&Install Termination Of Primary Conduits At Riser Pole Per TXU Electric(Oncor) 12 1 Ea. Specifications&Details $750.00 $ 750.00 $9,500.00 $ 9,500.00 $2,850.00 $ 2,850.00 $400.00 $ 400.00 13 1 Ea. Furnish&Install One Electrical Handhole(Pull Box)Per City of Wylie Specifications&Details $7,500.00 $ 7,500.00 $7,370.00 $ 7,370.00 $8,000.00 $ 8,000.00 $8,300.00 $ 8,300.00 Furnish&Install One Electrical Transformer Pad with Conduits for 3-Phase 225-500 KVA 14 1 Ea. Service Type DDS-4 UG per TXU Electric(Oncor)Specifications&Details with 7 Pipe Bollards $2,750.00 $ 2,750.00 $7,500.00 $ 7,500.00 $2,650.00 $ 2,650.00 $1,200.00 $ 1,200.00 15 890 L.F. Saw Cut Existing Reinforced Concrete Pavement,Curb,Barrier Free Ramp Or Sidewalk $1.40 $ 1,246.00 $4.50 $ 4,005.00 $2.00 $ 1,780.00 $6.00 $ 5,340.00 Remove&Properly Dispose Of Reinforced Concrete Pavement,Curb,Barrier Free Ramp Or 16 993 S.Y. Sidewalk $52.00 $ 51,636.00 $20.00 $ 19,860.00 $2.50 $ 2,482.50 $10.00 $ 9,930.00 17 270 S.Y. Construct 4'Reinforced Concrete Sidewalk $38.00 $ 10,260.00 $48.00 $ 12,960.00 $50.00 $ 13,500.00 $60.00 $ 16,200.00 1:\Wylie\2006125\specs\tech\'&BS-2(Spinnaker).xls Page 3 of 4 TABULATION OF BIDS BID OF BID OF BID OF BID OF Date: December 3,2008 Project: CITY OF WYLIE, TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Quality Excavation,Ltd. Morrow Construction Company Saber Development Corp. Tri Dal Celina,Ltd. Spinnaker Way Water Line and PROFESSIONAL ENGINEERS 5620 U.S.Highway 377 P.O.Box 158 P.O.Box 540186 4160 N.Preston Road Newport Harbor Pump Station Conduits Dallas,Texas Aubrey,Texas 76227 Lavon,Texas 75166 Dallas,Texas 75354-0186 Celina,Texas 75009 Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension Price Extension Price Extension 18 703 S.Y. Construct 6"Reinforced Concrete Pavement and Alley Pavement $43.40 $ 30,510.20 $60.00 $ 42,180.00 $55.00 $ 38,665.00 $110.00 $ 77,330.00 19 4 Ea. Construct Barrier Free Ramp $575.00 $ 2,300.00 $1,050.00 $ 4,200.00 $950.00 $ 3,800.00 $1,800.00 $ 7,200.00 20 550 L.F. Construct 6"Monolithic Concrete Curb $24.00 $ 13,200.00 $6.00 $ 3,300.00 $10.00 $ 5,500.00 $3.00 $ 1,650.00 21 6 Ea. Remove&Replace Existing Crepe Myrtle Tree $300.00 $ 1,800.00 $500.00 $ 3,000.00 $200.00 $ 1,200.00 $350.00 $ 2,100.00 22 2 Mos. Furnish,Install And Maintain Traffic Control Devices $117.00 $ 234.00 $3,000.00 $ 6,000.00 $2,150.00 $ 4,300.00 $2,300.00 $ 4,600.00 23 757 L.F. Design Trench Safety Plan&Provide Trench Safety Systems $0.10 $ 75.70 $8.00 $ 6,056.00 $2.00 $ 1,514.00 $1.00 $ 757.00 Furnish&Install Wiring,other Materials,Equipment,Labor&Related Appurtenances to Transfer 24 1 L.S. Pump Station Electrical Service to Proposed Pad Mounted Transformer $21,200.00 $ 21,200.00 $23,900.00 $ 23,900.00 $25,150.00 $ 25,150.00 $100,000.00 $ 100,000.00 25 537 S.Y. Furnish,Install and Maintain Solid Sod Bermuda Grass $5.00 $ 2,685.00 $5.00 $ 2,685.00 $3.50 $ 1,879.50 $4.00 $ 2,148.00 26 46 L.F. Furnish&Install One Spare 4"PVC Electrical Conduit Per City of Wylie Specifications&Details $19.90 $ 915.40 $27.00 $ 1,242.00 $25.00 $ 1,150.00 $22.00 $ 1,012.00 TOTAL AMOUNT BID (Items 1 Through 26) $ 238,890.30 $ 244,891.93 $ 259,996.50 $ 381,426.00 J:\Wylie\2006125\specs\tech\P&BS-2(Spinnaker).xls Page 4 of 4 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 MEMORANDUM To: Chris Hoisted,P.E. From: Joe R. Carter,P.E. Sent via Email Date: Revised February 22,2007 Subject: Water Distribution System 5-Year Capital Improvement Plan At your request, we reviewed the Water Distribution System 5-Year Capital Improvement Plan as outlined by the City of Wylie Agenda Report dated November 14, 2006. We met with you and Mike Sferra yesterday to discuss the 5-Year Capital Improvements Plan and how funds should be allocated. The budget costs listed in the Agenda Report were based on information contained in the Impact Fee Report. Since the time of that report we have begun detailed design on several elements in the Water Distribution System Capital Improvement Plan and we have better information for more precise opinions of construction cost. Based on the results of our meeting we recommend the following projects to be included in the Water Distribution System 5-Year Capital Improvements Plan: 730 Service Area(Hieh Pressure Service Area) Project Budget Cost Newport Harbor 2.0 MG Ground Storage Tank $1,700,000 • Newport Harbor Pump Station Improvements(1 pump) $ 160,000 Newport Harbor(FM 1378) Water Distribution Line No. 1 $1,400,000 • McCreary Road Water Distribution Line $ 990,000 Total High Pressure Service Area $4,250,000 679 Service Area (Low Pressure Service Area) Project Budget Cost Nortex 1.5 MG Ground Storage Tank $1,275,000 Nortex Pump Station Improvements(1 pump) $ 150,000 SH 78 Distribution Line No. 1 (NTMWD to Eubanks) $ 540,000 Brown Street Distribution Line $ 300,000 *NTMWD Pump Station Improvements $ 985,000 Total Low Pressure Service Area $3,250,000 j:kkricaIwyliel l-4090 general services1104-nand pump sta water vnddUedas\lcl5yreipanm+a(2)•doc Page 1 of 2 • City of Wylie 2/22/2007 Water Distribution System 5-Year Capital Improvement Plan Page 2 of 2 *Important Note The "NTMWD Pump Station Improvements" budget amount of $985,000 is the approximate construction cost for the originally planned first phase of improvements to the NTMWD Pump Station. Increasing the pumping capacity at NTMWD or building a new pumping facility is essential to be able to serve any heavy industrial type of demand along State Highway 78 over the next five years. The improvements included in the stated budget amounts will allow for some light industrial • or commercial development along State Highway 78 over the next five years without completing the NTMWD Pump Station Improvements. During our second meeting with the NTMWD regarding the proposed pump station improvements they informed us that an air gap must be provided. That requirement more than doubles the probable cost of the pump station improvements (adding $1.2M to $1.3M). The NTMWD has indicated that it is unlikely they will pay for construction of the additional pump station and related facilities necessary to provide an air gap but this is not known for certain until a formal request is made. The remainder of the SH 78 Distribution Line is also required to provide sufficient water for Heavy Industrial demands along State Highway 78 and the approximate construction cost of the portion of that project not included in the 5-Year CIP is$1,320,000. If the NTMWD will not participate in the cost of improvements at the current NTMWD Pump Station site and the Brown Street Pump Station option is selected the approximate construction cost of the first phase of improvements is $3,900,000 requiring $2,915,000 more than is included in this bond proposal. cc: Mike Sferra Mindy Manson Larry Williamson j:lckrieenwykell-4090 general xrvicesua-n1m wdpumpuawatermocienknas1165yrcip-n S(z).doc City of Wylie Page 1 of 2 v iijrUIhlylia 1•J✓T��7G c ,rf 4. fie '°. "" s" ' . 'z C / k o- - JJ .�x , fJjA .iam,'w G' F. Y 1 • • ir ,' , SI ♦ k $ a, ,� --1 . } !PI ' wwrtr M f S w F ". 7 }Itt 'i taa :yV' 1IeteXa CV . -�-. N City of Wylie DISCLAIMER 2000 State Highway 78 This data has been compiled for the City of Wylie.Various official and unoffic al North City of Wylie sources were used to gather this information.Every effort was made to ensure the Wylie,TX 75098 accuracy of this data,however,no guarantee is given or Implied as to the accuracy of 12/23/2008 said data. http://maps.wylietexas.gov/print.asp?Extentleft=2561857.66875107&ExtentRight=2562508.3 8950219&Extenttop=7068726.54156973&E... 12/23/2008 1g 10 CITY OF WYLIE, TEXAS —r iI T.,l�.���. r :e�i 11-1 i W111�r1 r CONSTRUCTION PLANS FORIonia _ mP, ve4 ` ''ISPINNAKER WAY 12-INCH WATERLINE ' �a , � 1 AND —aT�fw.!PROJECT d LOCATrikei.D.;,,,,,-;;,_-- -� Tu I NEWPORT HARBOR PUMP STATION CONDUITS !" ,'*,'"' .:,::::,,,--;,,...i.,5,...,,,,,---:,. ._.z.:,1"::_,,,,,.,4,,6_,,,L;L'_;1;,..„__-;...:iii-:,,' l h/ ., / - _. lial l - sf, _yam'-'Bp CITY COUNCIL =gin ` r: tf,� E�1 r ERIC HOGUE, MAYOR l : M.G. "RED" BYBOTH, MAYOR PRO—TEM .OI�Mr0 ." °°° "" a DAVID GOSS " 1 . KATHY SPILLYARDS MERRILL YOUNG RICK WHITE SHEET INDEX CARTER PORTER CITY OF WYLIE SHEET DESCRIPTION 1 COVER SHEET k LOCATION MAP g . 2 3 GENERAL NOTES 12"WATER PLAN/PROFILE STA 0+00 TO STA. 5+00 4 12"WATER PLAN/PROFILE STA 5+00 TO ETA. 7+56.06 CITY ENGINEER 5 16" WATER PN/PROFILE STA 0+00 TO STA. 0+63.30 6 & 7 REMOVAL PLAN CHRIS HOLSTEO, P.E. 8 NEWPORT HARBOR PUMP STATION CONDUITS El ELECTRICAL SITE PLAN E2 ONE UNE DIAGRAM AND SCHEDULES E3 CONTROL SCHEMATICS BIRKHOFF, HENDRICKS do CONWAY, LLP. E4 — E6 ELECTRICAL DETAILS DIRECTOR OF PUBLIC SERVICES CONSULTING ENGINEERS 1 MIKE SFERRA Dallas, T`Na9 October, 2008 i a J CITY OF WYLIE, TEXAS t1 , , worignm.. .. CONSTRUCTION PLANS FOR .tem SPINNAKER WAY 12-INCH WATERLINE T " ��' `1.1 � x AND PROJECT NEWPORT HARBOR PUMP STATION CONDUITS ' LOCATION J I *II ii- T-- .- .--_ ::-.":; / . .,.r .i 1 ,es mqw n \ ' • t _ :ML.' ,, CITY COUNCIL C`��" �'— � ®i1!1 t=1 lu►� I ERIC HOGUE, MAYOR ... o z000 000 aoo M.G. "RED" BYBOTH, MAYOR PRO—TEM1, , wwaaa DAVID GOSS IN Y I KATHY SPILLYARDS 1 MERRILL YOUNG SHEET INDEX RICK WHITE CITY OF WYLIE SHEET DESCRIPTION 1 CARTER PORTER ,T 1 COVER SHEET & LOCATION MAP 2 3 4 12J WATER NOTESERAL PLAN/PROFILE STA. 0+00 TO STA 5+00 12' WATER PLAN/PROFILE STA. 5+00 TO STA. 7+56.06 CITY ENGINEER 5 18' WATER PLAN/PROFILE STA. 0+00 TO STA. 0+63.30 6 & 7 REMOVAL PLAN CHRIS HOLSTED, P.E. 8 NEWPORT HARBOR PUMP STATION CONDUITS El ELECTRICAL SITE PLAN E2 ONE LINE DIAGRAM AND SCHEDULES E3 CONTROL SCHEMATICS BIRKHOFF, HENDRICKS do CONWAY, LLP. E4 — E6 ELECTRICAL DETAILS DIRECTOR OF PUBLIC SERVICES CONSULTING ENGINEERS MIKE SFERRA oolias, Texas E October, 2008 8 s si i PAVING NOTES STORM SEWER WATER 1. CONCRETE FOR ALL STREETS SHALL BE IN ACCORDANCE WITH NCTCOG CLASS'C'CONCRETE(3800 1 SECTIONTHE FLOOR OF THE THUEXCAVATION FOR INLET BOX MUST PROVIDE A FIRM,LEVEL BED FOR THE BASE I. ALL TNRCCLINE NE CROSSINGS WATER OF SANITARY SEWER LINES SHALL BE AS SHOWN IN THE PLANS AND ON. P.S.I,COMPRESSIVE 0 28 DAYS). 2 REINFORCING STEEL SWILL BE DEFORMED BARS NO.3 ON 15 INCH CENTERS OR Na 4 BARS ON 24 2. *MINIMUM OF 6 INCHES OF 11 DIAMETER(MAXIMUM)ROCK OR GRAVEL SHALL BE USED TO PREPARE 2. PIPES 12INCHES IN DIAMETER AND SMALLER SHALL BE POLYVINYL CHLORIDE(PVC.)MEETING THE INCH CENTERS.REINFORCING SHALL BE IN BOTH DIRECTONS ON CENTER REINFORCING STEEL THE BEDDING TO FINAL GRADE OR IN LIEU OF THIS.AT LEAST B INCHES OF 2-SACK CEMENT STABILIZED REQUIREMENTS OF AWNACSOO DR 180R DUCTILE IRON PIPE(D.LP.)MEETING THE REQUIREMENTS OF SAND SHALL BE USED TO PREPARE E BEDDING TO GRADE CEMENT STABILIZEDSAND SHALL BE AAWJAC 151 CLASS SD PIPE.ALL DIP.SHALL BE WRAPPEDNATH A POLYETHYLENE LINER. SHAH BE IN ACCORDANCE WITH ASTM 615,fi16 AND 61 T. TH ALLOWED TO SET BY KEEPING HOLE PUMPED DRY. 3. ALL REINFORCING STEEL SHALL BE TED(100%),REINFORCING STEEL SHALL BE SET ON PLASTIC 3. AFTER PIPE RAG BEEN WOONPROPERBEDDING.BACKFILUNGTOCOIBAENCEWRHB'MAXIMUM 3. FOR PIPES LARGER THAN 12 INCHES IN DIAMETER.THE PIPE SHALL BE REINFORCED CONCRETE CHAIRS.BAR LAPS BE MINIMUM 30pM1ETER5. LOOSE LIFTS MECHANICALLY COMPACTED T0955%STANDARD PROCTOR UNDER ROADWAY OR IT CYLIMDERPIPE(AMNMA C301 OR MAMAC3031,DUCTILE IRON PIPE(AYANAC151CU3550)OR MAXIMUM LOOSE LIFT BEHIND CURB.MAXIMUM SIZE ROCK IN BACKFILL SHALL NOT EXCEED 4 INCHES POLYVINYL CHLORIDE PIPE UP TO 16 INCHES MEETING THE REQUIREMENTS OFAWWA C905-235 P.S.I. 4. EXPANSION JOINTS SHALL BE LOCATED AT ALL INTERSECTIONS.ALLEYS SHALL HAVE A MINIMUM OF IN DIAMETER RATED PIPE. TWO EXPANSION JOINTS. 4 PRECAST INLETS MUST BE APPROVED BY THE CRY. 4. ALL VALVES ON PIPES I2 INCHES AND SMALLER SHALL BE RESILIENT SEALED WEDGE VALVES(AWWA S. SAWED TRANSVERSE DUMMY JOINTS SHALL BE SPACED EVERY IS'DR 1.25 TIMES LONGIIVDINAL BUTT JOINT SPACING WHICHEVER IS LESS.SAVING SHALL OCCUR WITHIN 57012 HOURS AFTER THE POUR S. CONCRETE TO BE MINIMUM 4,23O P.S.I. INCLUDING SEAUNG.OTHERWISE THE SECTION SHALL BE REMOVED AND LONGITUDINAL BUTT JOINT 5. ALL VALVES ON PIPES LARGER THAN 12 INCHES BUT SMALLER THAN 30 INCHES SHALL BE BUTTERFLY CONSTRUCTED. 6. LOCKING DEVICE IS REQUIRED ON ALL STORM SEWER LIDS. VALVES(AWWA C534)OR WEDGE VALVES(AWWA C509). 6. SIZORADE UNDER PAVEMENTS SHALL BE A MINIMUM OF 7 INCHES OF LIFE TREATED SUBGRADE. 7. 'NO DUMPING'WARNING PLAQUE TO BE INSTALLED ON ALL STANDARD AND RECESSED INLETS. 6. ALL VALVES ON PIPES 30 INCHES AND LARGER SHALL BE BUTTERFLY VALVES(MAMA C504). ONLY HYDRATED LIME SHALL BE UTILIZED.OPTIMUM LIME SHALL BE APPLIED.OPTIMUM USE CONTENT SHALL BE DETERMINED WRING THE EXCAVATION BY THE USE OF A LIME SERIES TEST.LIME S CONCRETE CAST-IWP1.ACE INLETS SHALL NAVE A MINIMUM COMPRESSIVE STRENGTH OF 4200 P.S.I.Q 7, EMBEDMENT SHALL BE AS SHOWN IN THE PLANS.BACKFILL WITHIN THE UNITS OF EXISTING AND SERIES TEST SHALL BE TAIEN ALONG THE EXCAVATION AT ALL CHANGES IN SOIL AND AMNIMUM OF 28 DAYS. PROPOSED PAVEMENT SHALL BE COMPACTED TO SS%STANDARD PROCTOR.WTSIOE PAVEMENT 300FEET.LIME SERIES SWILL BE COMPLETED BY AN INOEPENDENT LABORATORY APPROVED BY THE (EXISTING OR PROPOSED)SHALL BE COMPACTED TO MINIMUM OF 95%STANDARD PROCTOR.ALL CtiY. 9. STORMO AS HLESHALLB PLACED DRAWING. USE PL.NTEROFTIUCTION ADHESIVE FROM THE EDGE OF COMPACTION SHALL BE BY MECHANICAL METHODS. OLENNGAS SHOWN IN THE DRAWING.USE P4A000NC..425ION ADHESIVE FOR APPLICATION. 7. LIME TREATED DE SHALL BE COMPACTED TO AOENSITY OF NOT LESS THAN 95 PERCENT OF TILES CAN SE ORDERED FROM CENTERLINE SUPPLY,INC., JESSE STREET,GRAND PRAIRIE,'TEXAS B. WATER LINES SHALL BE PRESSURE TESTED IN ACCORDANCE WITH NCTCOG REM 8.7.3.. TEENNUMUM DENSITY AS DETERMINEDSYASTMO COM MOSTUBE CONTENT SHALL INDEPENDENT E WTHIN BORATO2 TO 75061.1141.1806 1-1]31,METRO:2145/lS]N,FAX 214-S41-1221. A40FOPTIMUM.DENSITY TEST RESISTS SHALL BE COMPLETED THE INDEPENDENT LABORATORY APPROVED BY THE CITY.ALL RESULTS SHALL BE PROVIDED TO THE CITY. ID. CASTING STORM SEWER PIPE AND/OR LATERALS SHALL BE LOCATED PRIOR TO SETTING SF 9. ALL HORIZONTAL AND VERTICAL BENDS SHALL BE OLOCHEO. CONSTRUCTING INLET BOXES.IF ADJUSTMENT IN GRADE OF LATERAL IS REQUIRED,A REVISED S. UNE TRIMMINGS ARE NOT ACCEPTABLE FOR ANY USE. DESIGN BY THE ENGINEER OF RECORD SHALL BE SUBMITTED TO THE CITY FOR APPROVAL 10.ALL FITTINGS SHALL INCLUDE MEGALUS CONNECTORS. A ALL FILL SHALL BE COMPACTED BY MECHANICAL METHODS.MAXIMUM LOOSE LIFT FOR COMPACTION 11. REINFORCED CONCRETE PIPE CLASS 6115 APPROVED WITHIN THE CITY. 11.NO WET BORES AMLL BE ALLOWED. SHALL BE IT INCHES.ALL LIFTS SHALL BE TESTED FOR DENSITY BY AN INDEPENDENT LABORATORY APPROVED BY THE CITY.DENSITY REQUIREMENT SHALL BE AS SHOWN ON THE PLANS FOR THE TYPE 12. ALL COMPLETED SANITARY SEWERS UNDER 48 INCHES SHALL BE INSPECTED USING A TELEVISION 12.MAIN UNE VALVE REQUIRED AT ALL FIRE HYDRANTS. OF MATERIAL CALLED FOR IN TIE PLANS. CAMERA IN ORDER TO EXAMINE IRREGULARITIES AND TO DETERMINE SUITABILITYFOR SERVICE. 10.ALL DISTURBED AREAS OF ROADWAT WORK SHALL HAVE GRASS ESTABLISHED IMMEDIATELY.GRASS 13.54'AND LARGER SHALL BE INSTALLED WITH HYDRAULIC FILLER. 13.NO IT WATER UNE WILL BE ALLOWED. SHALL MEET THE REQUIREMENTS OF ITEM 3.8,3.9.110 5 3.11 OF NCTCOG. ] 14.ALL STORM SEWER SHALL BE COLOR IV INSPECTED PRIOR TO ACCEPTANCE BY THE CITY. EET(CAVAT HA 11.ALL AREAS TO BEDORFRLEDSLL HAVE EROSION CONTROL PLACED PRIOR TO SCREENING WALLS COMMENCING EARTHWORK EROSION CONTROL DEVICES SHALL BE MAI TH NTAINED ROUGH OUT THE S PROJECT IN ACCORDANCE WITH NCTCOO ITEM 112. SANITARY SEWER 1. CONCRETE-MINIMUM COMPRESSIVE STRENGTH OF 3.000 P.S.I.g 28 DAYS. J• 12 ALLNOEWALKS SHALL INCLUDE BARRIER FREE RAMPS AT INTERSECTING STREETS.ALLEYS. 2. REINFORCEMENT-ALTAR A-36. DRIVEWAYS,ETC.BARRIER FREE RAMPS SHALL NEST CURRENT ADA REQUIREMENTS AND BE 1. ALL SEWER LINES CROSSING POTABLE WATERLINES SHALL BE AS SHOWN IN THE PLANS AND MEET APPROVED BY THE TEXAS LICENSING BOARD. TNRCC REQUIREMENTS. 3. MASONRY-COMPRESSIVE STRENGTH SHALL BE PRESCRIBED IN ITEM 2.3.6 SPECIAL PROVISIONS. 1 13.SIDEWALKS SHALL BE DOWELED INTO PAVEMENT WHERE IT ABUTS DRIVEWAYS.EXPANSION JOINT 2 PIPERS INCHED THROUGH IS INCHES SHALL BE IN ACCORDANCE WITH ARTS D33A WITH AMINIMUM 4. WIND LOAD FOR DESIGN-20 P.S.F. MATERIAL SWILL BE USED AT THESE LOCATIONS. SDR OF 35 ORASTM D3350 AND D3454. d▪ 14. NO VEHICLES SHALL BE FERMITTEEON CONCRETE PAVEMENT WITHOUT APPROVAL FROM THE CITY. 5. PIER BEARING STRESSES-SEE BRICK SCREENING WALL NOTES. 13 PIPES URGER THAN 121NCHESTHRO 010345NCHE$SHILL BE INACCORDANCEWITH ASM TO CITYWILLMIME DETERMRATONMITTE ONOR REVIEW.E SREAI(REPORT. STANDARDS F679,F794,F948 AND 1320501 D3464. 8. MORTAR-TYPE'ST 15.CONCRETE MIX DESIGN SHALL BE SUBMITTED FOR 4. MANHOLES SHALL BE PRECAST.ALL MANHOLES SHALL BE WATER TIGHT.PRECAST MANHOLES SHALL 7. PROVIDE CONTROL JOINTS AT 50 FEET. HAVE JOINTS SEALED WITH RAMNEK.ALL RING AND COVERS SHALL INCLUDE AN INTERNAL CHIMNEY i 16.ALL PAVING FOR PARKING SHALL BE MIN.SJTHICK3030P.S.I.CONCRETE SUBJECT TO CITY ENGINEER SEAL B. PROVIDE EXPANSION JOINTS AT 200 FEET CENTER MAXIMUM, i APPROVAL. 5. ALL PIPE OPENINGS IN MANHOLES SHALL INCLUDE COUPLINGS WITH'0'RING RUBBER GASKETS. 9, PROWOE PIER WITH MINIMUM 9 FOOTMANFOOT INCH DIAMETER BELL IN CLAY OR OTHER MATERIAL EXCEPT BLUE SIALE.6 FOOT MINIMUM WITH 3 MINIMUM INTO BLUE SHALE. LINED CHANNELS 6. STUBOUTS MINIMUM OFDUT OF S FEET FROMOLES MANHSHALL SAND BE SUPPORTED BY ACONCRETEC SRAOIE.�S SHALL BEA 10.AU.EXPOSED CONCRETE SHALL BE CLASS 2 RUSBED FINISHED SURFACE. 1. CONSTRUCTION JOINT 9HOWNIN DETAILS FOR CONVENIENCE ONLY.MONOLITHICCONSTRUCTION MAY 7 ALL DROP MANHOLES SHALL BE OF THE EXTERNAL TYPE. II. SIDEWALKS ADJACENT TOWALLS MUST BE FOOT MINIMUM WITTN FROM ALL PORTIONS OF THE WALL BE USED. (INCLUDING PILASTERS.COLUMNS.ETC.). B MANHOLES SHALL BE VENTED IN ACCORDANCE VMTHTNRCC REQUIREMENTS. 12. MAXIMUM PILASTER SPACING WFEET. 2 ALL VISIBLE SURFACES SITYLBEA TROWEL FINISH 9. COLORALL TV INSPRY ECTIOWER N SHALIPE L BE OBE TESTED(IN PRESENCETOOD 6EOUIREEPRESER TATIVE MN.TESTING 13. WALLS SHALL NOT SE PLACED IN THE VISINUTY EASEMENT OR STREET RIGHT OF WAY, 1. UNLREINFORCING THERWISTEEL STALL BE 3IB'OIAMETER AND SPACED IT CENTER TO CENTER BOTH WAYS SHALL INCLUDE PRESSURE TESTING,BE COMPLETED TEST(TNRCC REQUIRED)AND COLOR TVINSP ECTIOR UNLESS OTHERWISE SPECIFIED. ORLONLVHS FORMATTED PE SHLBE GIVENTH TY R COMPLETION OF THETH1E I4,THE WALL SHALL BE A MINIMUM OF EIGHT FEET IN HEIGHT AS MEASURED FROM THE NEAREST ALLEY ORIGINAL VHS FORMATTED TAPE SHALL BE GIVEN TO THE CITY AT THE COMPLETION OF THE EDGE OR SIDEWALK GRADE,WHICHEVER IS THE HIGHER.THE COLOR OF THE WALL SHALL BE LIMITED !• A IF WOOD FORMS ARE USED WITH CONSTRUCTION JOINT,THEY SHALL BE TWO.2%4',AND SHALL.NOT BE REMOVED UNTIL CONCRETE ON SLOPES IS READY TO BE PLACE INSPECTION. TO EARTH-TONE COLORS,EXCLUDING GRAY,GREEN AND WHITE.THE COLOR OF THE WALL SHALL BE . UNIFORM ON EACH SLOE OF A THOROUGHFARE FOR THE ENTIRE LENGTH BETWEEN INTERSECTING 10. MANHOLES SHALL BE VACUUM TESTED IN THE PRESENCE OF THE CITY REPRESENTATIVE. THOROUGHFARES,UNLESS OTHERWISE APPROVED BY THE CITY'S PUBLIC WORKS DEPARTMENT.THE I' B ALL CONCRETE IN LINED CHANNEL SHALL BE NCTCOG CUSS'A'(MINIMUM 3,000 PSI)CONCRETE. FINISH OF THE WALL SHALL BE CONSISTENT ON ALL SURFACES. 11.NO END-OF-LINE CLEANOUTS WILL BE ALLOWED.TERMINATE SEWER LINES WRH A MANHOLE. I 8. FLAT BOTTOM TO BE CONSTRUCTED WHEN CHANNEL WIDTH IS LESS THAN 12 F00T. IS. IF WROUGHT IRON FENCING IS TO BE UTILIZED ON REQUIRED SCREENING,ALL WROUGHT IRON MUST BE SOLID STOCK NO TUBULAR STEEL WILL RE ALLOWED. 7. TV CHAMFER ON ALL CONCRETE CORNERS. 8 DETAILS SPECIAL DETAILS OR MODIFICATIONS TO THESE STANDARD DETAILS TO BE UTILIZED ON ANY GIVEN PROJECT SHALL BE SUBMITTED TO TIE CITY FOR APPROVAL FOR USE. ILLUMINATION 3 ND 1. STREET LIGHT FOUNDATIONS SHALL BE CONSTRUCTED IN ACCORDANCE VAIN TXU ELECTRIC DETAIL E! AND NOTES FOR 2T OR 3V MOUNTING HEIGHT ROUND STEEL POLE. I 2 PROVIDE SQUARE CONCRETE MOW STRIP 18.FROM OUTSIDE OF POLE TO COWER USING 3,000 P.S.I. I CONCRETE WTH 83 BARS a 18.AND IV EXPANSION JOINT. BHC i BIRKHOFF,HENDRICKS&CONWAY,L.L.P. t.^<.*\.. , t� CITY OF WAY WATER TEXAS PROJECT ]]BBII `� SPINNAKER WATERLINE&NEWPORT HARBOR PUMP 5T0.CONDUITS PROJECTNO. SHEET NO. I CONSULTING ENGINEERS 20U6125 e 7502 Cmmvillc Ave,Suit.220 J0r- - t3// ,�T GENERAL NOTES 2 i DRUM,Tams A fi.4W�� 2006 (214)361.7900 'Qkf,T 3 a�� • REV5E0)10/23/O13-CCFXY N\PIPRI\JhM\2036125\SR115A r\S eMc\21KM125-B2Ap PLOT SCONE:13 PLOT VOL 11,17.E PLOTTED m:XARRR2 ON 10/24/2008 I , Z 4 �� , ; / I , NITER LAVE C(ARF£DATA 1.4 ' �/ r e JTIs'19" 41 r R=2548' � w/S ii N /WR LMY CURVE L1RTA , STA J+J77770STA 5657.77 ' C N 5827222710 OJ'SfYO f LE.. O&STALCRETE % QET36'7722.7710 J66.BJ' 20 LE.CONCRETE ENCASEMENT 3 _ �J 03 S 4 N.756784],379J O Jp (I ��-. PI EVRSTA.0+00 n 'I 7-7T.SY E 75676fJ.J930 Z A },✓ � - 1-14SH R XL5TAL2 ; C•25.12' PI STA 1+13 FURNISH&INSTALL 3 ,, -��� 1-Jf r17"Jff I� d•OP57.13"(T. , 72 P.V.C. WATER LINE �iI �-4 CONNECT TO£X S VALVE> o PULL PIPE FOR OEREc N N _ —IA`r/ �4'' _1"or 74•WA7FR LIVE 1 ' I I "� -'"� � `-`�- I ^;(T 6._________ �_� �H ROSE BUSIES -- /•-, ° II ROSE WOWS rr�1� � , O. N O ,, I I Rose BUSHES ,f'� .,.ems J.. _ ._ - �.rt.., _ A • l eRIPe WARE ' kr'�0 02 j I s l� �"_ � r NNpI(ER WAY .as V� x 1/z iI A SP{ �. ���'_- l cc...... ----- wc N 706791J3261 1 � �-. •-+`�` _a �CO caxo 56746.18621 P./.75TAf+CRJ6 r la I 1,1 �M . DR. 1 PULL PIPE FOR DEFLEC770N I L°I _ t. °� I WARNING I! 1 •• CONC.DR 1 EFslxc L10FPORWN) \ \ I 111 3 N 7067599.6896 1 UTILITIES 61 SCUD OE E.25627756933 N 7067627.0567 I 1-goo-E15-4545 07 P.L/P.C.S7A O+Of E.T56T772f87J I 1 ` n � ` T7 M.14 j 111 l `1 P%NAIL IN N.E.CORNER OF ECHO d•90'La 855 CT. P./-/P./.STA 0+T9.JI I TO RE41rMlc I FURNISH R P/STALL 4•aro OJ•LT. I CONSTRUCTION I LEY APPROXIMATELY 8.6 SOUTH m _ FURNATI/&M757AL( • 'OF SOUTH6337 GATE. a so 1-77• �� /-I2"90'BEND N 7068318.5155,E 2562299.0789 InTal Elev.558.27 101201161 9CAE M ffE1 i 556 i lI 1 1 1 1 I ! j :556 ti'•^ • I I 1 --"-I - -� -r- 1I a I �E'HSRxci sraa snail INLET' 1 • 1 552 - LUSTING clmLBO uNE� _ -+— - i r i •I 552 h �:_�. I I I I • - i• $ ' I j w s.bzse I snr A.ceie SOS SDI I T '.11_ I-- ' 548 ----- ss I� I 548 I , i i 1 ! II I r I I srw s.4z1 i �T2'W.L. OVL�O252r L -1_- EMIIMI_L — - --- R 64 R I ti .:.�.' 1�.�®. 1 !544 544 I M I -___ _J j-- 1 __ = - _ -F -_ �_-_ 1 j 540 I i 17 l 1 h l I t E 1 I I I • 540 • I j 1-- iv4ra'.Rl•7ERTAYE'" �. �� I 1 y---L-.n--! --- i �,PASS, r 15 ice y I 536 h 1 �- • (ASS B+ �EIVI Br OPEN CA j /{/�' r i 536 ! I c 20 L�F rf P W.41(R tad I T el cvni i t___,> , • 1-- i. { F i _ _- __ 532 h. 1 --_-_ 532 ! 528 , R ' j fi +L�' 1 1,t 1 I s.m 1 528 am 1.00 MO 3 00 4-66 .. TEXASHNC BLRKHOFF,HENDLUCKS&CONWAY,L.L.P. �14 L CITY OF WYLIE, PROJECT NO. SHEET NO. CONSULTING ENOINEERS SPINNAKER WAY WATER LINE 2W6125 "-` 119tOG.cDallua Ave.,Suite '1OEP1p1""OC""1B1 „,i-s3L c WATER LINE PLAN&PROFILE Dallas,Coos •_'y M00°o' 7` 5O STA.0+00 TO STA.5.00 ocmber zoos 3 (214)361-7900 , r�.Y?2✓ NOISED 10/23/00-GCERU R\PrR 059.7 2006125\SyinNa.\Shoat\$pndw-RI Nog PIOT SCALE:I:0 PLOT STYE:11.17.06 PLUME)RV.GINER2 ON 10/24/2001 �/ j / . N.7066183.8228 /� wNiNNc!! WATER LANE CLIFVF LNTA E.156130[8876 IXrsTOa uNOERl011 06 d=33'16'19' \ 1 / / P.O 580 7f5O J7 DIOLOES w OMIT 0E Z / , R=154' `.� d=SH&"OD'Rr 1—245-INS Al PROJECT.CALL T=745.7 FURNISH 90' WSTALC ``\ LEAST 71 ROLM PRIOR -81 L. 7F6.70" 1-J1' BEND TO BEGI CMI // _� ``\ mTS1ODCTION / F7/IPAIS/&INSTALL N 7068789.5777 / 72.P.✓.C. DATER CANE STA.674817 TD S7A 6+6B.77 // q` E.156130f.78J6 MOTES -�10 ((( / \`\ 1. COMPACTOR SACL/L41E ALL PIPE FITTINGS AND OTHER n N F(R19.SN d•INSTALL PI.S7A 7f56.06 N/SCELLM'EOUS APPURTENANCES ON LAND PRIOR 70 = 20 IF.CONCRETE EACI.SEWAT fURN/SN&INSTALL �`\ W I ' - ' 1-24 i/8'CROSS .SiJI£IXXINO CONNECTION TO IX/57A1G WATER.WAY.ALL 1 / 7 24i11'REDUCER REN5 STALL 8E DISINFECTED. 1-7Bi14'R£OLICER Z :l� �_ //yam w\ 1-72-RS.GATE VALVE ING _ rn- —>, / / .��, 1. COMR:Ap O L Ro RDAw7F J//E SCHEDULE FOR `\ / "\4 CONNECT" ALL EXISTING / Am-LA APPRONIL{TOOL TO XL57 WATER LAW AND a SPINSPIN ER \J Cs \ /�j �� \ 3 Of PUMP STATION SALE NOT EXCEED 74 • Al lor 40 rl • N.75613368410 N.70691251970 , .'"' E. 7068184.4 10 '' E.75673749657 4y% ', Pd..SA 7+7635 P.T./P.L STA.6+F3.21 AA"/ / d=4568040'LT. e=o73475 RT. / FURNISH&INSTALL PULL PIPE FOP DEFLEC/NON 5/ /� N. • 70661fB.0187 7-72"IS BEND } .% i / • JL E.156137455/3 tiY Q P.L 5TA 6+6596 RWJ1MSN' INSTALL T.B.A.14 1 \ / / 1 Q' aPK NAIL IN N.E.CORNER OF CO.NC. 1- 'u WEND 4�, ALLEY APPROXIMATELY e.6'SOUTH /, OF SOUTH CATE. / 6 / N 7068318.5655.E 2562299.0769 0 N 40 ./,/ / Elev.558.27 z / -- wlNartK srxF n 1FEi 1 556 --- i , I •---- h " I I i , 1556 p6TN9 CROOK L6L • ' SG e+ro 7n --i 78 #-SEM. R�`h b� 1"--1 f—I- + I —'- j i I( 552 I °ti ss a sew. FL 357ss j �s1i 7012631 I i 1 I 1 552 soR I I i '.9 i i j j I 1 i 1 i 1 _ N� 1 548 I i -- 4 .14Y I 1 548 72 W I ON o.1EtT I I i I I _) y_.--L _ I I I 7 -1 544 I I I i I I i I j 544 t I I — 1 _� — g — I T t 540 c 540 N; I ! I �: 1 I I I I''' y I - I i __- i i_.J ' i -----T- i46ner 11'• WATERcpF� I — 97B9L.,. IZ PVC KA7£?LAE `� T_� — j +— —:11 ~, i 536 ' 536 I i r/CLASS 6f ENS 81I OPE9 Curl• S ./Duffs of ENBEa6nw 87 cur pLF J1w1EB I I - - - - --'-41-, 3 c Nr By 6,o,1:� •--- IA.i¥ - -- f -- I =I 1 .-�- F- T- �---� j : 532 ! e j ,ry N+ o w q I 1 i I I 532 • i528 ¢o a a ' ) e I . 1 528 . . . i , 1! 46 o Two 6400 7+ `k 1 BIRI HOFF,HENDRICKS&CONWAY,L.L.P. se,41"4'I PROJECT No. SHEET NO. I CONSULTING ENGLNEERS SPINNAKER WAY WATER LINE CITY OF WYLIE,TEXAS JEB 2006-125 11910GnmvillO Ave,S.00 600 !DE=NAMOM .` Q ri3f,cs4 WATER LINE PLAN&PROFILE 4 O.D..,Rua STA. M SO TO STA 7V38.013 (214)361-7900 1�R4°� October 2008 4019 :10/23/611-MOW Mpruk,b\MRVOa/25\Spnmkr\STMASP+1./Aer-00.G.O PLOT SCALE 1:40 PLOT STYLE:11,17,.,1. ROTTED 61.t+mvn 00 10/24/200D • E N.70681783J52 E 2352359155? I . 7 0 8EA +00. m CONNE .R, I CT PO VS1ING 57017M LOWER 11817 , u %YARNING N ISTI....NG UNDEROROUND ES RI VC.PITY Or PROJECT.CALL I-800-20-4SO AT 3 VAST UTMORS PRION TO BEGINNING CONSTRUCTION • ill! Ilt! C4' 1 - N.70881878228 .s — E 2562304.8876 \ 1 k \ '13 ANCHOR DRIVE N.7068189.5717 ;..., *12, E.2581309.6918 P.I.SIN 04-SX29 1 ii.M...---- -4 .......ri ft1RNISM&MSTALL 1 '.. ....' ....,,, 1-18-RCP 45'READ . .,•Ilk ,, •••• --7--- -----\ /- ' '11 ; ..I.N•g,44,41N 7088185.64E4 FURAISH&INSTALL E.25623088918 STA 0+0.30 M.CUSS III R.C.P. 1 ENO PROP. 18'R.C.P. FURNISH et RISTNI 1-18'RCP PLOC FLINCH IWO RISTA1.1. 7187 LF.CONCRETE j ENC4S150701 COMM° ON 1KITERUNE CROSSING .1. ' ' 1 ULM.14 / 1 '7.."'N".•-•-- 18'HOP FROM AftIPOR7 IMR8OR PUMP STATION SffE PK SOIL IN N.E.CORNER OF CONC. ALLEY APPROXIMATELY 8.61 SOUTH OF SOUTH GATE. N 7068318.5455,E 2562299.D769 a I Lev.558.27 90 40 * NOMMEN SC.IN FEET I ! ; ; . 1 - _i,', _ I 1. 564 ,,,,- ,1,• ' I ! ; • ; ; ; 1 , . ! I ! 1 564 _ _i__I ; ! I 1---r . 1 : L ! , i I I 1 . . 1111111 ' ' ', -4 I- 4 i- 1 I 4 I -- ,-- I . , , 560 • I : • I I I ! i 560 , , 1 , . ; I ; " , I , , , 1 . :. ; CASTING cnouro u,i , : :1 i. _ , . . :„__ _ ,. J , , , , I ! I- : , i ! i , I 556 -,- I-- ---1-- j 1 556 DIST.TOP 111.ET S2-17 ___4.------ i ..--i. ! . . ! II i —•------- ' i ! L- • / I , 1 oty...thATION — 173;111:21!••.. T/2'F' !!---- ' -‘1.1"' --- 7 ' — E 54 .-- r' !--- ! !i .Ifr ---- 552 ; I I 1 1 i 1 I I 1 , ! ! 1 4 1552 : -'---L1 t1 ' II . ; ---- - -- i , ; • : _ ... . , 0268 ' ; I ' 1- t ! ! 1 548 : , .ir• . , I il I ; I : '!, • ' ' , ! , ; t ; , , 548 , , . , ; , _ At 0 L8 18' I i 12.02-F. 1.19'CG,SS 18 RCP. . I ! i . . . I • • 4/2C.P ! 18Y MEN OUT 8/7-118EOMEN1 • I i --7 - ;' •"•1' 7 ''' -F ---,--r- i 544 1 I • . I ; T ! ! I i 1 ! .1 1 I , i . , I ! ! ! ! ! I 544 I 1 ! 1 1 11 li ' I ' !! I , .rap] . , 1 •. , E `4 ! 1. cuss N R.C.P . 1 ' . ] 1 • ..! G. ..,,,, -. ,..,.. 4.4._.*' 1 f- • , r— I-- ---i--- i1 ti- -'- 1-1- -11— __._ 11 1 , 1 —19 `c, ' .. ! • I , • . • I . , . . I I 1 1 ! I 1 1540 2.i - , , . ,L • , ' , ,. 1 II ' , a le ' , .I._ ._,4- ' 4 -I- -i---r--. -F . _L 1 - —I- I '[--11— --r--1---1- -t---I I 536 - : 5, §, ' ' "-: . , , • ' i : ; I ' I i 1 1 I ! I I i ' ; ;536 0+00 1+00 ' ' : ! I I 1 i ' " ' I • Arilrg... 7 eR,. CITY OF WYLIE,TEXAS BI C I BIRICHOFF,HENDRICKS&CONWAY,L.L.P. .t.,.,/ w , SPINNAKER WAY WATER UNE PROJECT NO. SHEET NO. i CONSULTING ENGINEERS '-Asaima--DNINA CeV6*-3/..ALS PROPOSED 18'STORM SEWER 2006.125 1 11910 Greenville Ave..%Re 600 Dallas,Toms STA.0.00 TO STA_0.81.30 5 I J (214)3614900 ‘1:41,000 Octobef 2006 REVISED:70/23/06-Gam ' It.\ProjecONVIAVOC6125\SpinnekoNShorte\Spknoker-034, PLOT SCALE:INO PLOT SME:11•17.c11: PLOTTED BP:JCPRIE172 ON 10/24/20IXI • • • N // ,., ci / / 17--------...... ,./ /i / / o'''' // ' '-'----/ / .... .. / L 9 IF SABSUI O /r MOTES. // / / SIDEWALK % 4 LF PAVEMENTWEIR S.CONTRACTOR SIWL PROVIDE ADEQUATE TRENCH SAFETY SYSTEMS m I STREET ` / Leer TRENCH MOM FOR/r WATER UNE AND Sr STORM SEWER TO A /TI !! • • 117 MANTRAP OF T.ALL OPEN TRENCHES&ALL BE COVERED WIN STEEL F1ATES AT THE END OF EACH WORK DAY.MERE SNAIL BE NO SEPARATE • / M4L UT i I 1 4 LF SANEMT .5 IfSITUT IIN .PAYMENT MO ALL COSTS SHALL BE INCLUDED IN THE APPRO....F ys N // IIN HERO SCHEE.c I .{2 RISES.PAYMENTFOR S AILS ANDSOS REPLACEMENT R TE SWEETBARRIERFREE .�1 1. / tit. W RAMPS.CURBS AND REINFORCED CONCRETE STREET ATD ALLEY I, ���/` PAVEMENT SHALL DEuma,TO THE PUN Duw REMOVE AND ![�� � 1. -J 41ittN. ty[� IN MMHG BY nip CITY.CONTRACTOR SRAM REMOVE AND REPLACE ALL ;�t-�r°°"�"" _. .®..,m �e�.,amwsmm�>UEaau�a. xsU�r=:�mv ..- Mill f� �} '� — N SIDEWALKS,BARRER TREE RAINS,moo AID REINFORCED CONCRETE 4 •k.+� - , : o•, .. _ gme.=^3 extu _ STREET AND Aura PAYMENT DAMpoEo or CONSTRUCTION OPERATIONS L '<*..-� ,_ .' ''- ... ---®ram, - W OUTSIDETEIRNTSS OWV ON THERMSATMSORTIMPENSE. � - —r rs -�_..��v.... ....N.:;•-1S -r+I ' r++--yllr s xp.. Wi�T('` Li I CONNECT PROPOSED REPECROW COMPETE PAVEMENT TO QTSND - —.— -. __. ,_. _ -v-.—---_ \\ 1 NESEORCED CONCRETE STREET AND ALLEY PAVEMERT WIN SPOON COMBS w ACCORDANCE WRH CITY OF MITE STANDARD DEi L FOR - - ` - SPINNAKER (/ I LONCATUDINM BUTT JOINT.THERE SNAIL BE NO SEPARATE PAYMENT AND \-- / ! _ _!1 _J Au cows SHILL NE Dn:tUom w THE APPiOPR1AIE'MIS IN THE BID \' ,..,...p. _ ..- SCHEDULE. •� .. as _ _ A CONTRACTOR SMALL FRONDE A TRAFFIC CONTROL WAN FOR REVIEW MO - -..... - - �'°-`. I U APPROVAL BY HE CM PRIOR ro CLOSING ANY LANE'S TO TRAFWc _� / O I --.. .T -- - F —Q CONTRAnoR SNAU rROWDEAu eAmelcADE$FTACMErt wARMLe sICNs I T 1 - �� Th -1 ., ALL GAMH/N!C DEVICES 00 THE gAATRS OF NA ONE V IRECLOSURES. ALL COSTS SHALL BE OAILUCED IN THE APPROPRIATE ITEMS M THE BID SCR®IAE TOTAL 720 IF j A CONTRACTOR FINIAL Nor CLOSE BON ANCHOR BRIE Arm WINDWARD l SAAOVT STREET I I I DRIVE AT S E SAW MBE THE CONTRACTOR MIMI PROVIDE B- PAROSEAT T9FORIRY FUDOBIE BASE PAVEMENT IF PAVEMENT IS NOT ro RE I I REMOVE k REPLACE EMLSTAC REPLACED FOR MORE TAW 1 DAYS AFTER WATER ME CONSTRUCTION N TO.STD CURB MET AND 18. HIS BEEN COMPLETED AT ANCHOR TWYE AND ARCWAR°DRIVE.THERE RCP LATERAL SNAIL BE NO SEPARATE PAYMENT NO ALL COSTS RALI BE PCEUD®IN 1 NEM4COOR STE HALL VTH1ABD SLLIJ ET 1 A CONTRACTOR SWAFRORDWA ISMA ANNEOFENASHNG CONCRETE PAVEMENT ON SPIMNAI(G.WAY TO ANLTAw TM[YW.AY CTRAFRC AT RE BD OF MONK DAY.THERE SEW.BE NO SEPARATE PAYMENT ND ALL COSTS SNAIL BE MUM IN THE APPROPRIATE rTEAS IN ME BD SG®IAE. 1 T.COMPACTOR SHALL PROTECT ALL FJOST1G FENCES,PUNTS AND ONCE 1 A ROVE IBTS NOT MOM TO BE REMOYEL AND REPLACES PROM 0 20 A0 SO 1 DAMAGE DUE TO CONSTRUCTION ACTMITES. ALL AfROVEAEMS MOOED BY CON51RUCTDN ACTIVATES SHALL BE REPLACED MRN AAT6IALS AND WORIALAMSHP,EQUAL OR BETTER THAN ORDINAL AS IIEBCOIRiI SLNE I IQI APPRO S ALL COSTS L�IN THE APPPPROOPR NO PLATFTT PAYMENTEM N THE BID LEGEND LEGEND SCHEME o A ALL CLASS EN EMBEDMENT SHALL wCCUDE A GEOTEOTEEFABNTC BETWEEN '11.f A.AMA'''.MII.6 Ca'C)EA RMt1EIl/ I ME cRumED ROCK MATERIAL MO SELECT 05 GRANULAR MATERIAL IT, - REM E AID RECDSSTIRDT RAEDKYD MCWRI IC c1NMOEE WWI MTV WG ATKw OP SELECTOR TE PAYMENT MATERIAL 05 CRUSHED STONE THEE SHALL SE NO SEPARATE PAYMENT MD ALL COSTS SRAM. - RTADMC A.&comma AEMWOxtD LDADaTE smamm BE INCL DEDIN THE APPROPRIATE RENTS W THE MD SCHEDULE KELM AND ACCOMINLET SWANN MET RAMP __ iEll SOD BLOCK 500 LEMMA GRASS Z rFTOMSED RANT ROMAN AND RfWAORLM i Z CITY OF WYLIE,TEXAS BHC BIRKHOFF,HENDRICKS&CONWAY,L.L.P. SPINNAKER WAY WATER LINE PROJECT NO. SHEET NO. CONSULTING ENGINEERS v' 200G125 — 11910GISSSSLlle Ave.,Suit 600Fq ' .NWE_ef..s aX- 31,.9..g' REMOVAL PLAN a tobe r 6 (214)161-7900 ROME01 10/2./06-RORIM, It\RejAc4\WTTALV6125\SPnnake\Mods\Spma4.r-04.eey PDT SOME 12 PLOT$1ne 11.17.ee PLOTTED 126 Mcw1ER2 OS 10/L4/m0e N /.LONIRACTOI SHALL PROVIDE ADEQUATE TRENCH SAFETY SYSTEMS TO LOST WIDTH FOR 12.WATERWATER IL AM IE ,r STORY SEWER TO A . / MAGNIFY L OF ALL OPEN S NCRES SHALL SE COVERED WITH STEEL `\ PLATES AT THE ENO EAC H CT WORN DAY.(HERE SEPARATE PA NO SEPAIE YMENT AND ALL COSTS SMALL BE INCLUDED INTHE APPROPRIATE ITEMS M THE BID cC.sTld F \\\ 2 PAYMENT FOIIREMOVAL AND RCA[ACEFSVT OOSDEWAEE BARRIER FREE //�\ RAMPS CURBS AND REINFORCED CONCRETE STREET NO ALLEY PAVEMENT SIWL BE LIMITED TO THE PLAN O DO RES,A ALL nESSAPPRD M PANTINGE JrBY T CRY.CONTRACTOR SHALL REMOVE AND REPLACE Au N` S E As.BALEEN FREE RAMPS,CURDS AD REINFORCED CONCRETE\ \\Y/ STREET ALLEY PAVEMENT DAMAGED STRUCTICW OPERATIONS 00750E 1NEARTSSNOBNON7NERANSATPS ONNfMPC0SE 3.CONFECT PROPOSED REINFORCED CONCRETE PAVEMENT TO FJOSTMD ``\ /, ' / DOEL IN CONCRETE STREET ANY FALLEYWI EPAVEMENT D O AB.FOR //\ DOWELS W ACCORDANCEMTTJOINT CITY OF BE EPARATRD OETNL FOR LAL ST L SHALE T JOINT THERED Stull tE AO MORE(IE PAYMENT AND ALL COSTS SMALL BE INCLUDED W THE APPROPRIATE T1EM$W flit BID `\\ / CONTRACT. 4.CONTRACTOR TIE FACADE A TRAFFIC CONTTKK PLAN FOR RENEW AND `N APPROVAL BY RE CITY PRIOR TO CLOSPVG ANY LANES TO TRAFFIC. CONTRACTOR STILL PROVIDE ML.TIE 0CADES.FLAGMEN.WARNING SMRS AND COSTS SHALL DEWCES FOR THE DLVUDCN CF ALL LANE CLOSURES. `�. /' ��\ ALL COSTS SHALL SE NUDGE11 W THE APPROPRIATE ITEMS W THE MD SGIEWLE / 5 CONTRACTOR SHALL NOT CLOSE 00RI ANCHOR DRIVE AND WINDWARD ORME Ar TFE SANE TINE THE CONTRACTOR SHALL PROVIDE 6 i \"\ TEMPORARY FLEJDBLE BASE PAVEMENT IF PAVEMENT LS NOT TO BE D I REPLACED FOR MORE THAN T DAYS AFTER WATER LPE CONSTRUCTION MS SEEN COAP ETEDAT MORON DRIVE AMD WINDWARD DRIVE.THERE n I LE S1N'CUT SHALL BE NO SEPARATE PAYMENT AND ALL COSTS SHALL BE INCLUDED W =I I7 Lr SIBCN MEET PA NEAPPROPRWTE ITEMS W MEMO SCHEDULE. ALLEY PAVEMENT PROVIDE CONTRACTOR SHALL _ r `\ 1// B.PAVEMENT ON SP 0410CR WAY TO MORAY TRAFFIC CONCRETE E Z ; m IBA LEAVE OUT AV /// END OF EACH WORK CAT THERE STILL BE NO SEPARATE PAYMENT AND in .i, �...:: FRONT OF MET / AU COSTS SHALL BE INCLUDED W THE APPROPRIATE ITEMS M THE MO SGEpAE TJ LF SMNCUT 7 CONTRACTOR SMALL PROTECT ALL EXISTING FENCES,PLANTS AND OTHER Ivl ' / IMPROVEMENTS NOT SHOW TTTO PE S III REMOVED AND REPLACED FROM STREET PAVEMENT DAMAGE WE TO CONSTRUCTION acTrvni£. ALL IPRovEMEHrs _ - //!F SANCUI DAMAGED Al'CONSTRUCTION ACTIYRIE5 SHALL BE REPLACED N7TN En T ATEY PAVEMENT MATERIALS AND WGNIWNSNNP EQUAL OR BETTER THAN ORONAAL AS . ;; APPROVED BY T3E OWNER.MERE SHALL BE NO SEPARATE PAYMENT AND tTh / / ALL COSTS SHALL BE INCLUDED W TIE APPROPRIATE ITEMS W THE MD _— � - Y $E B ALL CLASS FIPFTUHPNT SHALL INCLUDE A GEOTEXILE FABRIC BETWEEN -�} s� THE CRUSHED ROCK AMTERIM AND SELECT OR GRAAYAA41L1TERY TO N _.. � '/�'Yy.3s q l'' -:: SCHEDULE••N\ MMIWNE MIGRATION OF SELECT OR ORAN1ANt MATERIAL INTO CRUSHED STONE—\`` AlrIr ,,� j. \`\ BEAU HERE THEMWAI RNO SEPARATE ENE810YMENT SCHEDD ALLULE. COSTS STALL �` ' £ Al `\\ BENCLfDED/NTNEAPPRO'RATETTEYSW TTYEBD SGEIX&F. ;f \ / �/ FR TF ME FM \ �Y FRONT OFMET 17 IF SANCUT / m w D // Q' STRUT PAVEMENT / IIOMMTAL SOLE N FEET 4/ // / / _- _- //I / / i ANED RLAAL AM REMAc£LYSNIC COM[RCx-PAKMCNT 1 . P TE£bg R£[YMSTItCT REMLRCTD M MI/DC CON;RETE CORO -- -- -- -- --- In ApOYFAND CON0INX'I JTNOREID CONCRETE SWAN"ROA ME AND RECOYSTRLCT BARER FREE SOP SRO WAX SA,LRMAN CALSS XPROPOSED PLAT AEWNIL AM RORACEMENT BIRKHOFF,HENDRICKS&CONWAY,L.L.P. ;- 'G'a CITY OF VYYLiE,TEXAS MC CONSULTING ENGINEERS `N_ SPINNAKER WAY WATER UNE PROJECT NO. SHEET NO. I IS ID Greenvale Ave_Seim 600— JO..4,""f°M (J .A.3tr f& REMOVAL PLAN ZGa-tzs MIAs,TaM _....MBW._.. 7 October 200E M'WED:10/24/08-TORTEN tE\Pro1FPh\Nyis\ROMS\SON*\Woks\SAwalAr-a.deq TOT SCALE:TA PLOT SALE TILlste PLOTTED Ti:JCMCIBQ ON 10/ZA/On covNA __ �!-�+�e� IL.GhtlM.0/1 £L 1559.,4f1 _ - �\ \� \ 1 (�}/�7....: .�. 564 2 I- I 1 -564 %; / TURNLSIL h NJSTALL \ • '•:.1 Gpa, 1 I_ 1 Rh I —r— 100 LF.(f)03 N.V.C. \a 1 I I ; ELECTRICAL CONDUITS •"� 560 1-4 a Wel Paw IrIca� 1,• , f \\\\ ��0 I 1560 JJ .' 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TA C146W7s' FOUNDATION ABOW EXISTING GROUND AT COWER v WE s1!nr RA numaxAR Pn9. 548 W{ cL W I p{ A)AN5,PP141P NW 9161 S na:YCRD AID.vIPR1.l9 BEFORE n'ACdKNr 5��.���...III �'CONDUIT CURVE dl,�N.7068J20ICD16 \� �� f2£C' '6 g, \ \• 1RVIRRIAR BY TAN EIELTAIC(DM.n7,1 C I { I A-1.75639' E .R.0 STA 1+ rn INp I I N 756 2202435 , - le 7 BEAR To SIAM El n6 AO,E6 FOR Am7Xw1 PEWS MARV TO mmrl gg R=101.00• f PROPOSED S7C CONDUITS f.1362220.21J6 0 _ `.e-°`� w '3 \' \ CORAMACIXAS AM TRRNISEIR Or arroocm SLAW(ro/Bw6'GN[R 544 N R �',b, i u,y I 1 544 i PAOPoSLQ LO.NgN75 N.706AEIJ JTE7 0+00 1+00 7=12J5' �70;; STA.0+00 .R DEGy PROPOSED 2-4 R,.C. , E 2561126.117J , \ L-7l58' 1 �7 ELECTRICAL cGAQwrs MOOR CwC� f su o+00 \`.,, \ \\ PROPOSED CONDUIT PROFIT f A 69(51 ARWOSEQ(I) : \ i I le; RECTA/OIL L - ..- ��\ N.7066S7E.7579 rimi \. fi E.2562064.1834 IC 7058.329.JJ59 ? 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SHEET NO. 1 CONSULTING ENGINEERS r- -"`� SPINNAKER WAY WATER LINE 2006-125 1 1I910Gr Dallas A ,Arc e' " L¢AE'Ve. ,3,�C,g CONDUIT PLAN AND PROFILE 8 IETS A:VN Dallas, o°IOOi q, October.2008 (214)M1-7900 939 RER 10/24/06- EI2 k\Pmj42Allyro 20e6125\SPtinela•\SA..'lS9i2SSer-65.064 am SCALE:1:60 Pam ME 11,07. 'PLOWED er:6ARI692 ON 10/24/20a 0 o/ FINE MEAT dWN IM MICE I /� 11 \ \ \ \ \ \\�• X. W/ °M°�TOP 4 N ELECTRICAL SITE PLAN of I i RAGE 7 N j,� \ \ �\ \�` SYMBOL LEGEND � I`l ? �� ���� -RIN0. 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TOP OF A T°�AOEIEmu 110.E.XPREPAR A FRAME WIT 1/GRATE CI SD.of CRUSHED ROCK FOR MULTIPLE CONDUIT RUNS — NM FEA GRAVEL NOT 10 SCALE LTC FIXTURE 4.PROWL WNBIOLE WTI A 3610,12"KO DODSION,WRIT RING MO GOER CAST INTO PLACE DUNNED FOR H2O LOADING. WNW COVER SWll E OORAYFD WRN THE WODO'ELECIPoFA'. f SUWP PUP 5.NLEBER AND SZE OF TERYWTCRS ARE NOW ON PALS.RE RA CEMENT AND WOW SHALL E COME N ACCORD/NM TO RFD. 130MROL PANEL RECONEIOATONS. 15'FOIE I 6. JOINTS WE TO BE WOE YWFRTONT BY OW SE AN ROI Iims�NSDLMG WMOLG POLE 6TO LUG L BOAR 111 i x-S1 CABLE T-PE OYNIH UNUSED DUCT TERMALITOR O OWERS. NE INSIDE OF / EMI // TO GM BUSHINGHOG I3volla0 a INSTALL N ALWIOMLCE TO AEG.RECOMMENDATIONS. GAP TTZYEELOCY/SS1�MiS CND BUSHING BOND MC ��i1 a"14°M °"L0"G ` LING NUT, 09 DETAIL MANHOLE �Ir{: AFL WITH GROUT MOLTS.LE1165 NUTS, H�•�•.n NOT TO AFTER LESfl1NG ^IDlR NO RIMERS(IYP.) 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MOT TO "NW TO SOLE NEWPORT STORAGE RESERVOIR NEWPORT HARBOR 2.0 MG 06 INSTALLATION OF POLE MOUNTED LTG.NDD ro SCALE n VERIFY SCALE * ARE g oocuuuon MDR �.;�...ti DETAILS II e.W I Way % I`tG''ayRr a.r,R AND pfNgT�' BgLKHOFF,HONSUL CKS&CONWAY,L.L.P. p1 A4�L• CORSUL .cwESRS I II n!—e Wa a riY-e9 t'' �. o®Y MG. nov) 2006 120 MT RI `•.!oa,,,r' sArl tr WFS DM OCTOBER,2006 E5 ifik_____.--Jiimmimi. . ......10111101111111111 IIII ----L__ _____ , T-T L__- i , _ a 1 i 1 = I. , , ICI �MIIII. �— O 'll• I EDGE OF BOLDING BOLDINGBOLDING NUN 4 '- IIKIL - --_ III 11111 PULL nt Ell -pi qIE ■�� ■ I 1 - • f iI il � �� II jl --7111111 v. III �•"la '! UI M CONDOS TO UGC MA aIi"-IN PTACE RD CONDOS FROMYANgIE um CAP FOR SERMCE CONDUCTORS PROM NEW • PAD MOUNTED TRANSFORMER UNDERGROUND UNDERGROUND COMM CONDOS 3 `UNDERGRO CA TO '.AS W IC TOO YET TT'CI&. =DMZZ PEER IIEEC.°A TO Mx E70SI1140 SERY10E POLE EXISTING ELECTRICAL SERVICE N.W. CORNER PROPOSED ELECTRICAL SERVICE NOT TO SOME OF PUMP STATION BUILDING NOT TO SOLE b a wata saw,*a Wawa. CITY OF WYLIE, TEXAS NEWPORT HARBOR 2.0 MG GROUND STORAGE RESERVOIR Min VALE THESE DOCUMENTS PRE FOR DETAILS III r N se. BUDORIG,CONSTRUCODN. ::',`-_ pp .Np}r•rq NND ��} '"L� BIRKHOFF,IEENDRICK3&CONWAY,L.L.P. 4..� '_;icy CONSULTING 1.01NEFRS 4 R r :e- • /p-i �OQ NiZitnot ow..e rim MOM 2006£20 sat e woe Re MEN. sum O mot 2008 E6 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 13, 2009 Item Number: Work Session Department: Planning/Public Works (City Secretary's Use Only) Prepared By: Renae' 011ie/Mike Sferra Account Code: Date Prepared: December 12, 2008 Budgeted Amount: Exhibits: 6 Subject Direction to implement installation of sidewalks through the Neighborhood A.C.T.I.O.N. Plan. Recommendation Direction for staff to move forward with an approach toward achieving goals of the Accountable Communities through Involvement of Neighborhoods (A.C.T.I.O.N.) Program and implement a sidewalk replacement/installation criteria and processes. Discussion With the adoption and implementation of the City of Wylie's Accountable Communities Through Involvement of Neighborhoods (ACTION) program, staff recommends that the replacement and/or installation of city sidewalks target those neighborhoods that are part of this A.C.T.I.O.N. Plan. Staff held its first neighborhood meeting with the residents of the Bostic Addition, located along Third Street, Fourth Street, and Hilltop Lane bounded on the north by Butler Street and on the south by Park Street. Those residents/owners in attendance identified poor sidewalk conditions as a major concern for this area. Staff is requesting that this neighborhood be the first to participate in the Neighborhood A.C.T.I.O.N. Plan sidewalk program. For sidewalks to be considered for this program, the subject sidewalks shall be located in the right-of-way and parallel to the street and must adhere to criteria set forth in this document. Commercial sites are not eligible for participation. Any home that is eligible and selected to participate in the program will incur no cost to the home owner. The source of funding will be the 1999 bond funds approved for sidewalk repairs and installation. There is approximately $450,000 of available funding in this bond series. Staff proposes that the City fund 100% of the improvements and forego requesting homeowner participation. The City of Wylie will provide a contractor to perform the necessary work. EVALUATION AND ASSESSMENT OF EXISTING CONDITIONS The Bostic Subdivision was evaluated approximately three years ago by Public Works. To better calculate an estimated cost for the improvements, this procedure should be repeated and performed with enough detail to allow Public Works to collect the following information for each address in the service area: • Square footage of existing sidewalks to be removed in right-of-way (ROW). • Square footage of sidewalks to be installed (new and replacement) in ROW. • Square footage of sidewalks to be removed/replaced on private property to allow a smooth transition to ROW sidewalk. • Square footage of driveway approaches to be removed/replaced to allow a smooth transition to ROW Page 1 of 3 Page 2 of 3 sidewalk. • Location and number of ADA ramps to be installed at street corners. • Location, number and health of all trees that are in the right-of-way or impede the sidewalk. SIDEWALK EVALUATION CRITERIA The establishment of qualifying criteria is important to be able to justify the decision to replace or not to replace sections of sidewalks. Without such criteria, it would be difficult for staff to explain why some sidewalks are not deteriorated to a point that warrants replacement. The following criteria are recommended as a tool to allow staff to identify which existing sidewalk panels qualify for replacement: • Sidewalk must be located within the City of Wylie street right-of-way or easement. • Sidewalk that has surface spalling with a depth of inch or greater and covers 50%or greater of the area to be replaced. • Sidewalk cross fall that is 1 '/2 inches or greater than the City's sidewalk specifications (1/4"/Foot) found in the City's Standard Construction Details. (2 '/2"total on a 4' walk) • A sidewalk section that is missing pieces that create a safety hazard, not chips or cracks that are cosmetic in nature. • Longitudinal sidewalk sections that have a dip of 2 3/4 inches or greater. • Sidewalk sections that are adjoining and have a '/2 inch or greater difference in levelness. PROPERTY OWNER NOTIFICATION AND DOCUMENTATION The procedures for the sidewalk replacement program (Exhibit A) outline the eligibility criteria as well as the proposed methodology. In order for homeowners to have their properties considered as recipients for the program, each property owner must complete the following forms: • Property Owner Application. (Exhibit B) • Right of Entry and Hold Harmless Agreement(Exhibit C) The Right of Entry and Hold Harmless Agreement must be completed by all property owners and filed with the County to protect the City from future claims. The Right of Entry will allow City contractors and personnel to have access to private property to perform the necessary work. A letter to property owners (Exhibit D) notifying them of the project will be mailed using the ACTION Plan property owner's list. The letter would inform the residents of the City's intention to initiate the Sidewalk Program and provides copies of the necessary forms to be completed by each property owner where a sidewalk will be installed or repaired. In addition, a door to door follow-up will be conducted by staff to ensure contact with non- responders and to collect proper signatures for the Right of Entry/Hold Harmless Agreements. During the cursory review of the area, staff observed several trees and private improvements located in the right-of- way. It may be necessary to remove such features in order to repair or install sidewalks.Not wanting to lose such features, some property owners may wish to decline from participating in this program. However, since the right-of- way is not private property,the City has the right to remove trees, landscaping or improvements in order to proceed with the project for the health, safety and general welfare of the community. The well established trees aligning the streets are a major asset to the community. Hence, staff is considering alternative methods that would both serve the safety of citizens walking on the sidewalks as well as save as many healthy trees as possible. Page 3 of 3 Staff is proposing to utilize the RubberWay'N'Flexible Sidewalks (Exhibit E) in those areas where tree roots have impeded the sidewalk but the tree is healthy and viable to the aesthetics of the streetscape. RubberWay' Flexible Sidewalks are a modern, environmentally friendly, solution to cracked sidewalks. With custom design options and a variety of colors to choose from,the porous rubber surfacing can withstand even the heaviest amount of rainfall. Some highlights of the RubberWay'Flexible Sidewalks product include: • The poured in place system allows for expansion and contraction without damaging results in any environment cold or warm. • Can be installed directly over tree roots without damaging them or hindering growth. • Encourages deep rooting, making the tree stronger and less likely to blow over in strong wind gusts. • Helps to preserve urban forest by reducing the necessity for tree removal. • Can be implanted to curve around corners and even down slopes. • The installation process is the exact same as concrete. • The manufactures warranty is 5 years with a life expectancy of ten years. Installation options: 1.) World Recycling Surfacing Group performs the installation. The company would locate a local tire recycling facility in Texas, ship the remaining materials needed and rent local equipment to minimize the installation costs. 2.) City of Wylie performs the installation. World Recycling Surfacing Group provides the materials to the City allowing city employees to do the installation. A license agreement would need to be signed by the city,which would provide the right to the installation with an agreement that all materials related to the RubberWay ' system are always purchased through their organization to avoid patent infringement and that proper application methods are implemented through city employees or sub-licensing to approved and qualified city vendors. The manufacturer states: If the product cracks, which it should not if installed properly,you would simply cut out the wear layer and patch it or remove the wear layer and re-top it. The material cost per square foot is roughly $9.00 for the Rubber sidewalk and the installed cost is $14.00 with a minimum of 1,500 square feet to mobilize to Wylie, Texas for this rate. The price may vary depending on volume and thickness if you wish to do less or more. In summary, Staff asks that Council give direction to move forward with a process to utilize the 1999 sidewalk bond funds in an effort to accomplish stated goals of the Neighborhood A.C.T.I.O.N. Plan. After more detailed evaluation and assessment, staff will draft formal procedures that outlay the steps necessary to implement the policy. The formal policy will then be presented to Council for official adoption. Approved By Initial Date Department Director RO 12/26/08 City Manager 111P6 1(1 ill POWERPOINT HANDOUT Preview of Discussion and Main Points City of Wylie ■ Funding Source. . Recommended Replacement Criteria. ACTION Plan - Sidewalks • Issues Affecting Installation of New Sidewalks. Issues and Recommendations • Issues Affecting Installation January 13,2009—Council Work Session of Replacement Sidewalks. ■ Proposed Replacement Methodology. • Decision Points. Funding Source Recommended Replacement Criteria • 1999 Sidewalk Bond $450,000. Severe Spiting • Bond includes sidewalk repairs and installation --_ "' = x • No cost to property owner • Residential ro p PertY only • City and/or City Contractor to perform ` , .. work Excessive Cross Fall 1 POWERPOINT HANDOUT Recommended Replacement Issues Affecting Installation Criteria of New Sidewalks Longitudinal Clip/Sag Private •-:,166 _., Improvements in Right-of-Way yaiyir *1. ' F , _ ' t .ate .-+ _.. °^a kYfn unlevel Sections ... Issues Affecting Installation Issues Affecting Installation of New Sidewalks of Replacement Sidewalks - :1I - k No room for yr^S:a a + h. sidewalk in Do we repair 1fIM� Right-of- ---•••.war sidewalk from City Way ROW to house? ....-- ic .,...,4± , 1.0 .. '-,44P,44 w— T. :',1 Obstructions inr Right-of-Way -�,,ar r Problem trees an -.,.,r r*3 xµr Private Property _ .z �,,,.,,,,,, 2 POWERPOINT HANDOUT Issues Affecting Installation Proposed Replacement of Replacement Sidewalks Methodology Bostic Addition - i L.2'1 1 -i C-_ Problem trees in Fl i .� ..LI • R.O.W. l 0 Z ^^ 0--. --1 ---7- i ....._ _ _ , ..._ 1r0-- I — A Do we do drive �— 0ti approaches? ' t . ' J 4 V• :,..- I I ;-1 _L Proposed Replacement Proposed Replacement Methodology Methodology Bostic Addition-Current Conditions _ Bostic Addition-Tree root problems r • -Well established tree line -.- Unleveled a* .", sidewalks 3 POWERPOINT HANDOUT Proposed Replacement Methodology Solution: Bostic Addition - ADA Ramps needed Rubberway Flexible Sidewalks - r y Gl S Baforc talling Rubberway 1 +,'1 *' (Pomona,ins Ca) ,i i y _.-__, After installing Rubberway _ (Pomona,Ca.) _ .msss Solution: Rubberway Flexible Sidewalks Decision Points . i v ET Before orerni�fling Rubberway ■ funding— 1999 Bond $4 0,000? r{. 0. . Consensus on replacement criteria and methodology? g r ACTION Neighborhood? , f' II Work limited to ROW only? Private ' improvements,trees, etc? ■ Consensus on Rubberway product? After installing Rubberway (Pomona,Ca.) ... - .. i 4 EXHIBIT "A" PROCEDURE FOR SIDEWALK INSTALLATION/REPAIR A. APPLICATION Formal application for sidewalk improvement shall be made by the property owner submitting to the Planning Department an application and all required documentation. 1. Application required: Attached to this information sheet is an application form to request replacement and/or installation of sidewalk panels in the right-of-way in front and/or side of your house. i. Exhibit No. 1: City of Wylie A.C.T.I.O.N. Sidewalk Replacement Program Application ii. Exhibit No. 2: Right of Entry and Hold Harmless Agreement must be filled out and filed with the appropriate county. 2. Submission deadline: The application and all required documents must be completed and returned to the Planning Department. All owner information will be verified by current Central Appraisal District tax records of the appropriate County. After applicable City departments have verified and executed the application, it will be submitted to the City of Wylie Public Works Department for implementation. B. ELIGIBILITY All potential participants must be private residences and must be identified by the City of Wylie as having existing deficient sidewalk conditions and meet the following eligibility requirements: 1. Sidewalk must be located within the City of Wylie street right-of-way or easement. 2. The sidewalk in the right-of-way is parallel to the street. 3. Sidewalk that has surface spalling with a depth of 'A inch or greater and covers 50% or greater of the area to be replaced. 4. Sidewalk cross fall that is 1 'A inches or greater than the City's sidewalk specifications (1/4"/Foot) found in the City's Standard Construction Details. (2 ''A"total on a 4' walk) 5. A sidewalk section that is missing pieces that create a safety hazard, not chips or cracks that are cosmetic in nature. 6. Longitudinal sidewalk sections that have a dip of 2 % inches or greater. 7. Sidewalk sections that are adjoining and have a '''A inch or greater difference in levelness. 8. Commercial properties are not eligible for participation. C. METHODOLOGY Certain issues affecting installation and/or replacement may arise, therefore each potential installation and/or replacement will be considered on a case by case basis. 1. Public Works will evaluate the neighborhood to determine: i. Square footage of existing sidewalks to be removed in right-of-way (ROW); ii. Square footage of sidewalks to be installed (new and replacement) in ROW; iii. Square footage of sidewalks to be removed/replaced on private property to allow a smooth transition to ROW sidewalk; iv. Square footage of driveway approaches to be removed/replaced to allow a smooth transition to ROW sidewalk; v. Location and number of ADA ramps to be installed at street corners; vi. Location, number and health of all trees that are in the right-of-way or impede the sidewalk. EXHIBIT "A" 2. All demolition and removal to be performed by City; 3. Related materials (rebar, concrete, etc.) purchased by City; 4. Contractor installs forms and concrete and removes forms. 5. Replacement of landscaping (dirt, sod, etc.) by City. 6. A property owner may decline participation in the program in the event trees, private landscaping or private improvements in the ROW need to be removed to install or repair sidewalks. 7. The City has the right to remove trees, private landscaping or private improvements in the ROW in order to proceed with the project for the health, safety, and general welfare of the community. For Office Use Only EXHIBIT "B" Date Received: Approved: El Yes 0 No Reviewed by: CITY OF WYLIE A.C.T.I.O.N. Sidewalk Replacement Program Property Owner Application PROPERTY OWNER INFORMATION: Note: For the purpose of this program owner information will be verified by current Central Appraisal District Tax Records of Collin County. It is important that you provide accurate information on this application so that ownership verification can be established in a timely manner. Owner Name: Property Address: Last, First, Mi Numerical, Street Name, City Is this the Name that is on tax records? — yes no Owner Occupied? — yes — no If you are not listed as owner on the County tax record, but you are the owner, please explain. Best method of contact: —Telephone Number: L email: Best time of day to contact you AM PM SIDEWALK HISTORY: Approximate year home built: Has sidewalk ever been replaced? C yes I no If yes,what year? Please describe sidewalk problems you have experienced: Is there any other information you wish to provide relating to the condition of your sidewalk or ability to repair/maintain this facility that you would like to include with this application (hardships, disabilities,other special considerations)? OWNER AFFIDAVIT: By my signature, I attest that all of the information provided on this application form is true and correct to the best of my knowledge and ability. Further, I understand that as a condition of this program I will be required to sign a waiver releasing the City of Wylie from liability relating to the execution of this program. Signature of Owner: Date Signature of Co-Owner(f applicable) Date EXHIBIT "C" The City of Wylie reserves the right to make the final determination of which applicants are eligible and qualms for participation in the program. "Notice of Confidentiality rights: If you are a Natural Person, you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers'License Number." AFTER RECORDING RETURN TO: Attn: City Manager City of Wylie 2000 Hwy. 78 N. Wylie, Texas 75098 RIGHT OF ENTRY AND HOLD HARMLESS AGREEMENT I/We, (whether one or more "Owner"), the owner(s) of the property commonly identified as , City of Wylie, County of Collin, State of Texas (the "Property") do hereby grant and give freely and without coercion, the right of access and entry to Owner's private property, (i.e.,the Property),to the City of Wylie (the "City"), and the City's employees, agents, contractors, and subcontractors thereof, for the purpose of removing sidewalk panels ("Old Sidewalk"), and/or constructing and installing sidewalk panels ("New Sidewalk") on the Property. Owner executes this Agreement in consideration for the removal of the Old Sidewalk, and/or construction and installation of the New Sidewalk and hereby forever confesses the adequacy of the consideration for this Agreement. Owner and Owner's heirs, executors, administrators, assigns, successors, and grantees understand and fully acknowledge that any maintenance or servicing of the New Sidewalk following construction and installation shall forever be the responsibility of Owner or subsequent owners of the Property, and the City shall in no way be held responsible for nor contribute to any future maintenance nor any costs of future maintenance, and completely release and hold harmless the City from any subsequent costs, expenses, hazards, or conditions, including subsidence, that may arise related to removing the Old Sidewalk and/or constructing and installing the New Sidewalk. OWNER AND OWNER'S HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, SUCCESSORS, AND GRANTEES, AGREE AND WARRANT TO HOLD HARMLESS THE CITY, AND THE CITY'S EMPLOYEES, AGENTS, CONTRACTORS, AND SUBCONTRACTORS, FOR DAMAGE OF ANY TYPE WHATSOEVER OR CLAIM(S) OF DAMAGE OF ANY TYPE WHATSOEVER, PROPERTY, PERSONAL INJURY, OR OTHERWISE, EITHER TO THE PROPERTY OR PERSONS SITUATED THEREON REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF CITY AND HEREBY RELEASE, DISCHARGE, AND WAIVE ANY ACTION, EITHER LEGAL OR EQUITABLE, THAT MIGHT ARISE OUT OF THE CITY'S ACTIVITIES ON THE PROPERTY RELATED TO THE REMOVAL OF THE OLD SIDEWALK AND CONSTRUCTION AND INSTALLATION OF THE NEW SIDEWALK. For the cause, consideration, and purposes set forth herein, I/we hereby execute this Agreement before the undersigned Notary Public on this the day of , 2009. Signature of Owner Print Name: EXHIBIT "C" ACCEPTED AND APPROVED: Mindy Manson City Manager for the City of Wylie STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared , the of ; that he/she acknowledged to me he/she is the duly authorized representative of the and that he/she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2009. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, the City Manager of the City of Wylie; that she acknowledged to me she is the duly authorized representative of the City of Wylie and that she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2009. Notary Public in and for the State of Texas EXHIBIT "D" CITY OF WYLIE DATE, 2009 Dear Wylie Resident: As you know, our Neighborhood Accountable Communities Through Involvement of Neighborhoods (A.C.T.I.ON.) Plan meeting was held on November 10, 2008 for the Bostic Subdivision and produced some very important dialogue between you the property owner/resident and the City of Wylie. In that meeting you expressed concerns of safety and infrastructure. As part of the City of Wylie's A.C.T.I.O.N. program,your home may qualify for replacement and/or installation of sidewalk panels in the right-of-way in front and/or side of your house. The sidewalk in the right-of-way is parallel to the street. Please note the following eligibility requirements of the program: • All potential participants must be private residences and must be identified by the City of Wylie as having existing deficient sidewalk conditions. • Commercial sites are not eligible for participation. • All interested persons must fill out and submit the attached Property Owner Application form. • All persons must fill out a Right of Entry and Hold Harmless Agreement form to be provided by City Staff upon application verification and acceptance. • If your home is eligible and selected for this program, staff will contact you to obtain required signatures for Right of Entry and Hold Harmless Agreement. • The City of Wylie reserves the right to make the final determination of which applicants are eligible and qualify for participation in the program. Funds for this program are being provided by the City of Wylie, and the City of Wylie will provide a contractor to perform the necessary work. There would be no cost to the home owner. City staff anticipates that the program will commence by March, 2009. If you qualify, please fill out the attached application by DATE XX, 2009 and submit to: City of Wylie Planning Department 2000 SH 78N Wylie, TX 75098 ATTN: Ms. Renae 011ie If you have any questions about the A.C.T.I.O.N.Sidewalk program, please contact Mr. Rick Daddio, Assistant Public Works Superintendent, at 972-442-7588. Exhibit E WRSG Dear Prospective Customer, World Recycling Surfacing Group(WRSG) is an environmentally focused product development company, with emphasis on the global urban environment.WRSG manufactures and provides leading sustainable surfacing technologies, materials and installation. This includes United Sports Surfacing of America, Inc. (USSA) a division of WRSG, which provides exclusive distribution for a variety of recycled rubberized surfacing systems as well as recycled plastic lumber products and materials used for sports, park, fitness and recreation. We market and sell: multi-purpose seamless indoor and outdoor sports floors, synthetic turf fields, recycled plastic lumber benches (made from milk jugs), receptacles, recycled plastic lumber playground equipment, recycled rubber mulch, poured-in-place recycled playground safety surfacing, impact resistant non-slip surfaces and the new generation of synthetic landscaping grass.( Our rubber systems divert 1 tire per square foot from landfills.) We offer RubberWay®flexible Rubbersidewalk, Rubbertreewells, and Softwalk, our custom unique patented seamless surfacing systems for cracked sidewalks, walkways, tree wells, and jogging trails. Our systems are environmentally friendly, safe and encourage healthy lifestyles. They are poured, multi-layer systems, featuring a permeable and 100% recycled tire base layer with a resilient rubber surface. The porous systems offer flexibility, encourage deep rooting and provide moisture retention. www.rubberway.com We offer PolyStar®Poured-In-Place surfacing, a resilient, cushioned certified safety system for playgrounds, multipurpose floors, and jogging tracks. www.soortsurfacinq.com The PolyStar®Poured-In-Place recreational systems are recommended for: Playgrounds Wet Areas Locker Rooms Running Tracks Spa Areas Weight Rooms Gymnasiums Pool Decks Tennis Courts We offer PolyTurf®synthetic grass, manufacture direct and wholesale for commercial, sports, and recreational, residential, and multi-purpose applications. Our systems save on water, pesticides and reduced maintenance costs. They are fully recyclable; using soy based latex backing and do not require an in fill. PolyTurf® also offers a recycled natural latex rubber shoe sole as an in fill option. Our products are an attractive, cost effective and environmentally friendly alternative to natural grass, with an 8 year manufacturer's warranty. You may wish to visit our artificial turf website at www.polyturf.com Whatever the surface, high quality materials much be used to assure the appearance, durability and performance of the installation. If you are considering specifying, purchasing or installing a new sport or recreational surface, playground or play equipment we encourage you to contact us. We would be pleased to send you more information or answer any questions regarding or installations, products, or materials. You may wish to visit our company website at www.sustainablesurfacinq.com With kind regards, Karoleen Alexander President/CEO World Recycling Surfacing Group (WRSG), 949-551-4696, Irvine, California USSA, Inc. SBE Certification#21825/Ca. Contractors License#838103 Exhibit E World Signature Surfacing of America, Inc. WSSA RUBBERWAY® Flexible Sidewalks PRODUCT FACT SHEET RUBBERWAY® recycled rubber sidewalk and tree well systems provide a superior, cost-effective and LEED accredited alternative to concrete sidewalks and pathways and preformed rubber pavers. City and municipal works departments and councils are constantly faced with the public safety concerns and financial burdens posed by sidewalks damaged by tree roots, freeze-thaw, and vehicular traffic. RUBBERWAY®' sidewalk systems accommodate tree root growth, frost heave and vehicles with minimal damage. Cost Benefit Analysis Currently installed--100,000 square feet y Average costisq ft.material $8.00 Size limitations none i> RUBBERWAY®sidewalks and tree wells are Installation method poured to form virtually unbreakable. i> RUBBERWAY®sidewalks and tree wells greatly reduce injuries from tripping and falling accidents. > Unlike concrete,rubber and asphalt pavers, RUBBERWAY®sidewalks and tree wells are seamless and so provide little or no opportunity for tripping. • WSSA offers site inspection and tracking on request. ➢ RUBBERWAY®sidewalks and tree wells can be repaired on-site if vandalized or otherwise damaged. i-- RUBBERWAYO sidewalks and tree wells can be"re-topped"replacing just the EPDM layer thus further reducing the eventual renewal costs. i RUBBERWAY®products don't yellow or darken with age and last at least 7 or 8 years before needing re-topping. Benefits of RUBBERWAY® Sidewalks and Tree Wells. • Helps to preserve the urban forest by reducing the necessity for tree removal. • Seamless construction eliminates cross path seams and raised edges to greatly reduce tripping and falling • Poured-in-Place installation allows easy shaping around obstacles and follows curves in the pathway. • Virtually unlimited texture and color combinations to suit the application. • RUBBERWAY®products are porous,allowing moisture penetration to the substrate •• Seamless construction eliminates weed growth between paving panels typical of rubber and concrete systems. .• Variable densities allow a range of resilience to suit the type of traffic anticipated. • Safe,non-toxic, sound absorbing,flame resistant and uses regionally obtained recycled rubber materials. •o Environmentally friendly using recycled rubber from tires,shoe soles and industrial rubber. • At the end of its life it can itself be recycled and used again to create new sidewalks and tree wells. ,,, Facts . O0'00,A sera. <.1 tire are dispo e► ,f if,the Unite a "�. _,..., f I i k r at* + --..- 'Nic tat �- �� t - o vvas e r beri - o . - ''_�� asquar :Oof - •ber O '+, `sr• - V•a ortr -- :.,tiCss- • :.: hre :l: - ,`"'.afo•1 s.` ,-'0'it ; ro,, it 4000 Barranca Parkway, Suite 250, Irvine,California 92604 Tel: (949) 551-4696• Fax:(949)551-4695 website: www.sustainablesurfacina.com •e-mail: info cL.sustainablesurfacins.com Exhibit E World Signature Surfacingof America, Inc. G. g wssA COMPETITIVE ANALYSIS r �� BENEFITS RUBBERWAY® RUBBERSIDEWALK CONCRETE ASPHALT PAVERS Estimated Life Cycle 8 yrs 3yrs 2-5 yrs 2 yrs Installed Material Cost $14.00 sq ft $16.00 sq ft. $12.00 sq ft. $5-8.00 sq ft. Crew Needed 3 man crew 2 man crew 4 man crew 4 man crew Completion Time 2000 sq ft/day 500 sq ft/day 2000 sq ft/day 2000 sq ft/day Recycled Material Content 100% 100% Low Low ADA Compliance Very low vibration Low vibration High vibration High vibration Size Unlimited 2'x2.5'x1.875" unlimited unlimited Weight 9 lbs/sq ft. 10.8 lbs/sq ft. 93.75 lbs/sq ft. 24.5 lbs/sq ft. Appearance Changes None Darkens overtime Cracking,staining Chipping, holes Mass Changes None Some settling Lifting, breaking Deterioration Trip Hazard None High at lifted seams High at seams, Medium through cracks breaking Maintainability Very low moderate low moderate Walking Comfort Highest Moderate Low Low Porosity Highest Only at seams None(0'/hr) Low(.2"/hr) Follow Curves, obstacles Yes No Yes yes Re-Topping Easy No Difficult Moderate Patch Repairing Almost invisible Difficult(Variable density) Poor poor Weed Growth None In seams In seams Through surface cracks Coefficient of Friction .76 dry/.56 wet .90 dry/.65 wet .60 dry/.50 wet .50 dry/.25 wet (non-skid) LEED Qualified Highest High No no 100%recycled rubber, 100%recycled rubber, Lime,heat island Heat island effect Environmental Impact low heat island,low low heat island, high effect high, high high, high water water runoff,low energy need. water run-off, high run-off,high ener• need. ener• need. ener• need. 4000 Barranca Parkway, Suite 250, Irvine,California 92604 Tel: (949) 551-4696• Fax: (949) 551-4695 website: www.sustainablesurfacina.com •e-mail: infoisustainablesurfacing.com