01-26-1988 (City Council) Agenda Packet DATE POSTED 1-22-88
TIME POSTED 7: 00 P.M.
AGENDA
REGULAR CI?Y COUNCIL MEETING
TUESDAY, JAMUARY 26, 1988
7:10 P.M. $00 ?SOMAS ST.
WYLIE COMMUNITY ROOM
CALL TO ORDER ''" -U
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 6 onsider approval of minutes
for January 12th.
2 7 Consider appointment to Park
and Recreation- Board to
replace Mr. Larry Nickell .
3 Consent Agenda
The following items are to be considered as one
item. The council may move, by motion and second,
to approve or reject all items contained within.
Any Council member may request that an item or
items be pulled from the Consent Agenda and
considered separately. If such a request is made,
those items will occur in numerical order
immediately following the vote on the Consent
Agenda .
A. 8 - 14 gplider authorization to
ek bids on plugging
abandoned municipal water
we
B. 5 - 28 onsider awarding bid for
electrical service and wiring
for Wylie Nortex water storage
site and pump station to Ready
Electric, Inc.
C. 29 - 30 Consider refund of payment of
delinquent taxes .
PUBLIC READING OF ORDINANCES AND RESOLUTIONS
4 31 - 53 onsider ordinance amending
Ordinance #78-29 as amended by
Ordinance #80-1 regarding the
operation and maintenance of
the Community Antenna
Television System in Wylie,
Texas .
5 54 - 56 Consider ordinance resetting
the tax rate for f- scal year
1987 .
ORDER or PAGE
BUSINESS REFERENCE BUSINESS
6 57 Consider resolution
authorizing city manager to
draw up lease agreement
between city and Lifeline for
space in the new municipal
complex .
OLD BUSINESS
7 58 - 69 onsider approval of Lake Ray
Hubbard Mobile Home Park
Sanitary Sewer Force Main
System approval for
construction only.
GENERAL DISCUSSION _
8 Oral itizen Participation.
9 Oral ouncil Discussion.
1H ADJOURN
ADENDUM TO THE AGENDA
CITY COUNCIL MEETING
TUESDAY, JAN. 26, 1988
7:00 P. M. COMMUNITY ROOM
800 THOMAS ST.
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
11 Recess open meeting
12 Convene into Executive Session under
Article 6252-17 V.A.C.S. , Section 2
paragraph "g" personnel matters -
performance evaluation process for
required lay-offs in Police Department
as result of Rollback Election.
13 Reconvene meeting into open session
14 Adjourn
NOTICE OF ADENDUM TO REGULAR MEETING
Notice is hereby given that the governing body of the City
of Wylie will meet at 7:00 P. M. on the Lli M day of
(fri2.11,(1/2" , 198 f , in the Wylie Community
Center at 800 Thomas Street in the City of Wylie, Texas,
for the purpose of considering the attached agenda.
Carol 172 )
s i t t ySecretary
POSTED THIS THE 01,41
DAY OF 198r , AT
33s/011M.
CITY COUNCIL MEETING
MINUTES
JANUARY 12, 1988
The Wylie City Council met in regular session on Tuesday,
January 12 , 1988 at 7 :00 P . M. in the Wylie Community Room.
A quorum was present and notice of the meeting had been
posted in the time and manner required by law. Those
present were Mayor Chuck Trimble, Mayor Pro Tem Sandra
Donovan, Council Members Calvin Westerhof, Kent Crane,
Marvin Blakey, John Akin, and Chris DiTota, and City Manager
John Pitstick , City Secretary Carolyn Jones, Code
Enforcement Officer Roy Faires, Chief of Police Royce
Abbott, Finance Director James Johnson, Assist . Engineer Ron
Homeyer, Personnel Specialist Debbie Peoples and City
Attorney Robert Dillard.
Mayor Trimble called the meeting to order and Councilman
Akin gave the invocation.
APPROVAL OF MINUTES OF THE DECEMBER 22, 1987 AND JANUARY 4,
1988 MEETINGS: Motion was made by Councilman Westerhof to
approve the minutes with corrections on the Jan. 4th
meeting. The corrections were that the 1982 taxes were $ .49
per $100 .00 valuation and that Councilman Akin and Crane
arrived late. Seconded by Councilman DiTota. The vote was
as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan
- in favor , Councilman Akin - in favor , Councilman Westerhof
- in favor, Councilman DiTota - in favor, Councilman Crane -
in favor, and Councilman Blakey - in favor . This motion
carried with all in favor.
APPROVAL OF PROCLAMATION - AMERICAN HISTORY MONTH -
FEBRUARY, 1988 : This proclamation is done for the Rockwall
Chapter of Daughters of the American Revolution. Motion was
made by Mayor Pro Tem Donovan to approve the proclamation
for American History Month as February, 1988 . Seconded by
Councilman Blakey. The vote was as follows : Mayor Trimble
- in favor, Mayor Pro Tem Donovan - in favor, Councilman
Akin - in favor , Councilman Westerhof - in favor, Councilman
DiTota - in favor, Councilman Crane - in favor, and
Councilman Blakey - in favor . This motion carried with all
in favor.
AUTHORIZATION TO SEEK BIDS FOR RADIO COMMUNICATION SYSTEM
FOR THE TWO NEW POLICE CARS: City Manager John Pitstick
said that Council granted two new cars for the police
department and now we need to seek bids for radio equipment
for these cars. Councilman Akin wanted to know about the
radios in the old cars . Councilman Crane asked about their
condition. Chief Abbott stated that these old radios were
14 years old and did not pickup all the frequencies, plus
they were worn out . Motion was made by Councilman Westerhof
to approve the authorization to seek bids for radio
communication system for the two police cars. Seconded by
Councilman DiTota. The vote was as follows : Mayor Trimble
- in favor, Mayor Pro Tem Donovan - in favor, Councilman
Akin - in favor, Councilman Westerhof - in favor , Councilman
DiTota - in favor, Councilman Crane - in favor, and
Councilman Blakey - in favor . This motion carried with all
in favor.
APPROVAL OF A RESOLUTION REQUESTING REGULAR TAGS WITH EXEMPT
STATUS FOR 1978 BUICK REGAL: This is the car that was
awarded to the police department through the Collin County
Courts . We have been trying for over a year to get these
plates and each time paper work is sent in it comes back
with another request . Motion was made by Councilman DiTota
/
to approve and sign the resolution requesting regular tags
with exempt status for the 1978 Buick Regal . Seconded by
Mayor Pro Tem Donovan. The vote was as follows : Mayor
Trimble - in favor, Mayor Pro Tem Donovan - in favor ,
Councilman Akin - in favor, Councilman Westerhof - in favor,
Councilman DiTota - in favor, Councilman Crane - in favor,
and Councilman Blakey - in favor. This motion carried with
all in favor .
APPROVAL OF A RESOLUTION SUPPORTING THE DEVELOPMENT AND
CONSTRUCTION OF A REGIONAL WASTEWATER TREATMENT FACILITY FOR
THE MUDDY CREEK BASIN: City Manager John Pitstick said that
this was a key resolution, and that Mayor Pro Tem Donovan
has been working on this project. Mayor Pro Tem Donovan and
Mr . Johnson are on the Collin County Bond Committee that is
trying to get funding for planning money for a regional
wastewater plant. Mayor Pro Tem Donovan said there are
seven (7) cities and five (5) commitments from these cities
have been turned in. A motion was made by Mayor Pro Tem
Donovan to approve the resolution supporting the development
and construction of a regional wastewater treatment plant.
Seconded by Councilman Akin. The vote was as follows:
Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor,
Councilman Akin - in favor, Councilman Westerhof - in favor ,
Councilman DiTota - in favor Councilman Crane - against, and
Councilman Blakey - in favor . This motion carried with
six (6) in favor, and one (1 ) against.
APPROVAL OF TERMINATION OF AGREEMENT AND PRO RATA CHARGES TO
KEN ' S COMMUNICATION ON THE POLICE COMMUNICATION TOWER: City
Manager John Pitstick said there was an agreement with Ken' s
Communication. It was a 20 year agreement with a pay off
clause. This pay off would be $908 .00 . Motion was made by
Councilman Westerhof to approve the termination of the
agreement and pro rata charges to Ken' s Communication in the
amount of $908 .00 . Seconded by Councilman Akin. The vote
was as follows : Mayor Trimble - in favor , Mayor Pro Tem
Donovan - in favor, Councilman Akin - in favor , Councilman
Westerhof - in favor, Councilman DiTota - in favor ,
Councilman Crane - in favor, and Councilman Blakey - in
favor . This motion carried with all in favor .
APPROVAL OF FINAL DRAW FOR SPEED FAB-CRETE IN THE AMOUNT OF
$31 ,000 . City Manager John Pitstick said this was the final
draw for Speed Fab-Crete and that everything has been
corrected with the exception of the hand rail on one side of
the ramp going into the Council Chambers. Councilman Akin
wanted to know what type of agreement over a period of time.
Mr . Roy Faires, Code Enforcement Office said, there is a one
year time period for problems. Councilman Crane wanted to
know if they had cleaned the maroon paint off the walls.
Mr. Faires said yes. Motion was made by Councilman Akin to
approve the final draw for Speed Fab-Crete in the amount of
$31 ,000 . Seconded by Mayor Pro Tem Donovan. The vote was
as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan
- in favor , Councilman Akin - in favor , Councilman Westerhof
- in favor, Councilman DiTota - in favor, Councilman Crane -
in favor , and Councilman Blakey - in favor . This motion
carried with all in favor.
DISCUSSION OF THE PROPOSED ALIGNMENTS OF SANDEN BLVD: Mr .
Ron Homeyer, Assist. Engineer, stated that there are four
(4) proposals that Collin County Public Works Department has
sent to us . These proposal will taken Sanden Blvd. from
FM544 to Hwy 78 . Sanden Inc. is going to begin work the
week of January 25th and is looking at early March for
ground breaking.
Alignment I - this alignment aligns with Century Way and
does not require construction of a bridge.
There are some disadvantages such as it will
divide the Sanden tract, limits traffic
Alignment I - this alignment aligns with Century Way and
does not require construction of a bridge.
There are some disadvantages such as it will
divide the Sanden tract, limits traffic
access to the West and the grade crossing at
the railroad and Hwy 78 with a grade range of
12% to 13% .
Alignment II - this alignment would be less disruptive to
the Sanden tract and it affords a better
westerly alignment with County Road 297. It
does not have favorable north-south
alignment, does require a bridge and the
grade crossing is unfavorable between the
railroad and Hwy. 78 .
Alignment III this aligns with Alanis and conforms to the
proposed thoroughfare alignment for the City
of Wylie. This alignment does require
construction of two (2) bridges and has a
grade crossing in excess of 10% and would
also require major modification to the
railroad trestle.
Alignment IV this alignment requires construction of a
major bridge and has a most favorable grade
crossing on Hwy 78 which is less than 3% and
does not require alteration of railroad
grade. This alignment does not align with
the present Alanis Road and does not totally
conform to the future thoroughfare plans for
the City of Wylie.
Councilman Akin wanted to know if staff looked at Sanden' s
plans prior to doing these alignments . Mr. Homeyer said no,
that Sanden has just this week said their plans were ready.
Councilman DiTota wanted to know which alignment would give
frontage road. Mr. Homeyer said alignments tow and three
are both totally in flood plan. Councilman DiTota wanted to
know if alignment four was in the city limits. Mr . Homeyer
said yes.
Mayor Pro Tem Donovan wanted to know about the time frame if
Hwy 78 had to be raised. Mr . Homeyer said now because staff
is looking at the improvements for Hwy 78 now. Councilman
Blakey said the railroad in front of Century Way looks as if
it is about the same as the highway if you take the sides
off the tract . Mr . Homeyer said no, because the highway
will be raised at this point. Mayor Pro Tem Donovan asked
Mr. Homeyer which he would suggest , would it be number four .
Mr . Homeyer said alignment four is most feasible, but does
not meet the thoroughfare plans . City Manager John Pitstick
said we are not asking Council to choose one of these but to
let you know where we are on the project. This will be
brought back to Council later.
PRESENTATION AND DISCUSSION OF NEW COMPENSATION AND PAY FOR
PERFORMANCE PLAN FOR CITY EMPLOYEES : Councilman DiTota made
a motion to table this item as well as item no. ten approval
of salary adjustments under the new compensation plan.
Seconded by Mayor Pro Tem Donovan. The vote was as follows:
Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor,
Councilman Akin - in favor , Councilman Westerhof - in favor ,
Councilman Crane - in favor, and Councilman Blakey - in
favor . This motion carried with all in favor to table.
PRESENTATION OF THE PROPOSED 87-88 BUDGET CUTS UNDER
ROLLBACK ELECTION: City Manager John Pitstick said the City
raised taxes from $ .49 to $ .59 have eliminated 16 positions.
The City now has 59 employees with over 8 ,000 population and
12.4 square miles of city. In 1985/86 budget year the City
had 63 employees with 5 ,000 population and 4 .75 square miles
3
of city. In addition to raising the taxes, the City raised
the over 65 exemption to $30 ,000 . The staff has tried to be
fair and honest in the cut backs if the rollback passes.
City Manager John Pitstick said the main staffing levels are
critical right now. In the first cut back we did not touch
the police department. If the rollback occurs there will be
four patrolmen effective by a lay off, one officer has
recently left our employment so there will be only three as
his position was not filled. The biggest impact is going
from three vehicles to two vehicles patrolling the streets.
Other cuts in the police department are the cars, we
originally budgeted for four cars, but have only bid out two
and the other two will be cut . The Library will be closed,
staff will try and keep the library open with volunteer
help. The third area is in the Parks Department. We would
be looking for volunteers to help in maintaining the parks
and right-of-way in the City. City Manager John Pitstick
said come Monday morning if the rollback passes these cuts
will be done immediately. Our service levels and staffing
are critical , we received a letter from Bob Bullock' s office
that stated that sales tax for Wylie is down by 20% . Staff
is recommending the above cuts if the rollback passes.
Councilman Akin asked how the staff came up with $ .50 isn' t
it 8% of the tax rate. City Manager John Pitstick said no
it is on the valuations of property.
APPOINTMENT OF ALTERNATE JUDGE FOR JANUARY ELECTION: City
Secretary Carolyn Jones said she had talked with Mr . Curtis
Hale last Sunday night and he would not be able to work this
election due to his job. The Election Judge Mrs. Stewart
recommends Mrs. Martha Cryer . Motion was made by Councilman
Blakey to appoint Mrs . Martha Cryer as Alternate Judge.
Seconded by Mayor Pro Tem Donovan. The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor ,
Councilman Akin - in favor , Councilman Westerhof - in favor,
Councilman DiTota - in favor , Councilman Crane - in favor ,
and Councilman Blakey - in favor. This motion carried with
all in favor .
CITIZEN PARTICIPATION: Mr . Naish of 512 Rustic Place wanted
to know who much the Christmas Party at the Harvey House for
the city employees cost . City Manager John Pitstick said
approximately $3400 .00 . Mr . Naish said with times the way
they are and with the economy it should not have been done.
Mr . Naish also said he shows an increase over tax money from
last year with one cent increase. Mr. Naish also said that
the 16 positions in the paper was very threatening , I have a
lot to do with the rollback and I did not have any personal
vendetta with the Council or staff. These positions that
were never rehired from 86/87 budget year and two employees
were promoted and we have hired a warehouse and garageman.
City Manager John Pitstick said there was a trade for these
positions, the payroll clerk took the personnel position as
well as payroll clerk and the garageman was also a member of
the public works staff. Mr . Naish asked how many new
employees were hired since September . Mr. Naish also stated
that he did not get into the rollback election for the
money, I did not know you had the work shops on the budget,
or I would have been there to help. The parks people, in
the 86/87 budget never did work in the parks, and these
people worked in other departments of the City yet there was
money paid out of the parks budget for salaries. I do not
understand if you pay someone from parks department how you
can let them work in other areas. The football and other
sports people mowed and cared for the parks during the
summer times . City Manager John Pitstick said yes we used
the parks employees in other areas, I do not have a
secretary right now and I go to the court clerk or someone
else and they type for me. In a small city like us,
everyone works together to get the work done.
Mr. Orton Messenger 504 Rustic Place heard the Southfork
Mobile Home Park is to pay the City some $400,000 . for
sewer . City Manager John Pitstick said he does not know
where the story come from that every house (lot) pays
$275 .00 for sewer and $225.00 for water. Everyone pays
this, Southfork has sewer and we did collect from them.
City Manager John Pitstick said Southfork does not owe us
any money right now.
Mr . Robert Fultz , 701 S. Ballard, Chairman of the Library
Board. The Library Board charged me with making a statement
to the Council , first the building was given to us by Rita
and Truett Smith, plus other gifts from other citizens. The
Library also receives gifts from other agencies, Wylie
accepted these gifts and we should be gracious in
maintaining them. A community concern is shown in the
education program and it would not enjoy such a thing as
closing the library. The Library Board urges Council to
look at these cuts and work with the Library prior to making
such cuts. Have the two positions been changed since the
budget . City Manager John Pitstick said no. Mr . Fultz said
volunteer help would be disastrous if staff chooses to go
this way. Perhaps there are cuts in other departments
before cutting the Library. The questionnaire was very good
that you mailed out.
Mr. Allan Nosar 505 Rustic Place, is it true the auditor was
scheduled to come on moving day. City Manager John Pitstick
said it was schedule prior to the move. Mr . Nosar said
concerning the 16 positions , how much revenue does it save
the City. Councilman Akin said $17 ,000 . to $20 ,000 . City
Manager John Pitstick said these people had quit and staff
did not replace them. Mr . Nosar asked if there was a final
copy of the 87/88 budget . City Manager John Pitstick said
there was a final copy. Mr. Nosar wanted to know if there
was a printout that could be purchased. City Manager John
Pitstick said as long as we don' t have everyone wanting a
copy you can come by and pick up one.
COUNCIL DISCUSSION: Mayor Pro Tem Donovan stated that with
BFI missing a pickup day, due to weather, is there a refund.
City Manager John Pitstick said there is an act of God
clause in their contract that covers this, and they are
trying to double up. Finance Director James Johnson said
the land fills were closed and they could not get here. BFI
had one truck slide through a wall in Allen and three men
were in the hospital from it. Mr . Johnson said BFI would
not give a refund. Mr . Nosar said they are only putting
half of the trash in the trucks. They are not picking up
properly.
Mayor Pro Tem Donovan said a final note to Citizens, we have
to listen to staff on the figures, I hope to God this
rollback does not come about on Saturday and I hope we do
not have to do away with these services and that all the
citizens will get out and vote on Saturday help up with
these services.
Councilman Blakey wanted to know if we had an update on the
Texas Water Commission meeting. Mayor Trimble said he would
give that later. Councilman Blakey also said any citizen
who have questions about the rollback, maybe some of them do
not know the exact dollar it is costing them to hold this
election and that they have no confidence in the staff or
the Council All these citizens have a change to become
involved come May.
Councilman Crane wanted to know if there is any hard numbers
on the cut from the Library. Also I would like to receive a
compliance report on the wastewater plant. Mr. Homeyer said
he would get them.
City Secretary Carolyn Jones reminded Council of the called
meeting on Tuesday, January 19th to validate the election
returns and a possible work shop on Thursday, Jan. 21 if
there is no Collin County Bond meetings.
Councilman Akin said one of the greatest things to happen to
Wylie was getting the Library. I will not do any thing to
off set the Library. It has been very distributing to me
that some of the older people have been told that we would
do away with the exemption and that the police department is
being done away with. These things are very frightening,
and this bothers me.
Mayor Trimble said the TWC meeting on Tuesday, Jan. 5th was
with himself, John Pitstick, Ron Homeyer , Carl Riehn and
Dolan McKnight and with members of the Water Commission
staff and Water Resource Board. The Water Resource Board is
the board that will lend us money for our improvements.
Mayor said the grant system has been done away with but
there is a revolving loan where you can borrow money and pay
it back. If we can get a regional plat then we can look at
borrowing the money. This is the second meeting at TWC and
they are very supportive at this one. Mayor said they are
supportive of the cut back on the size of line for
connecting sub divisions to our sewer system due to cost .
TWC was in total opposition to pump and haul . TWC said they
were never in favor of pump and haul . We have met all the
deadlines and we are in good standing with them again.
City Manager John Pitstick said we have a meeting next
Friday with TWC again. We are still under the enforcement
act from TWC until we get out of the pump and haul .
Councilman Akin said he was glad to hear we were in good
faith with TWC again and that TWC is working with us.
There being no other business, a motion was made to adjourn
with all in favor .
Chuck Trimble, Mayor
ATTEST :
Carolyn Jones , City Secretary
6
Staff Report to Mayor and City Council
DATE: SUBJECT: NO:
1-11-88 _ Appointment to the Park and Recreation Board
Mr. Don Whitt has contacted staff and recommended
Mr. Ron Ferguson, Principal of Birmingham Elementary,
as their representative on the Park Board.
Staff has contacted Mr. Ferguson and he is willing
to serve if Council chooses to place him on this
board.
Mr. Ferguson can be reached at 442-7197 (home) or
442-6512 (work) . He resides at 103 Liberty.
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
John Pitstick, City Manager
FOR ADD.INFO. CONTACT: OTHER:
John Pitstick, City Manager
Staff Report to Mayor and City Council
DATE: SUBJECT: AUTHORIZATION TO SEEK BIDS ON PLUGGING NO: ,/1
01-20-88 ABANDONED MUNICIPAL WATER WELL / '
I HAVE ATTACHED CORRESPONDENCE FROM THE TEXAS WATER COMMISSION
REGARDING THE CITY'S OLD MUNICIPAL WATER WELL THAT IS LOCATED
AT THE REAR OF THE OLD POLICE/FIRE DEPARTMENT BUILDING ON SOUTH
BALLARD. FOR THE SAKE OF HISTORY, THIS WATER WELL ACTED, AT
ONE TIME, TO SUPPLY WYLIE'S WATER NEEDS VIA THE UNDERGROUND
AQUIFER (TRINITY SANDS) . THE EXISTING PUMP THAT SITS ATOP THE
OLD WELL IS PROBABLY 40-50 YEARS OLD AND IS 30 H.P. GENERAL
PUMP. IT'S LAST KNOWN USAGE WAS IN THE 1956-57 ERA. THIS WAS
ABOUT THE TIME THE CITY CONVERTED TO SURFACE WATER THROUGH
NTMWD.
FINANCING THIS PROJECT THROUGH EXISTING OPERATING FUNDS WILL BE
THE PROBLEM. THIS IMPACT FUND HAS BEEN DEPLETED BY THE CHZM
HILL ENGINEERING FEES. SOME FUNDS IN THE ACCOUNT FOR WATER
TANK, LEASE PAYMENTS, AND NORTEX WORK. LIFT STATION FUNDS ARE
NOT ELIGIBLE TO BE USED HERE. CURRENT UTILITY FUNDS APPROPRIA-
TIONS WOULD HAVE TO BE REALLOCATED TO FUND THIS PROJECT. THIS
WOULD BE STUFF RECOMMENDATIONS ONCE THE BIDS HAVE BEEN RECEIVED.
TWC REQUIREMENTS ARE SUCH THAT A PROFESSIONAL WATER WELL COMPANY
SHOULD BE EMPLOYED TO DO THIS WORK. PROJECTED COSTS ARE IN THE
$7,000 - $8,000 RANGE.
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
JAMES JOHNSON, DIRECTOR OF FINANCE
FOR ADD.INFO. CONTACT: OTHER:
>f 2
Nlyite
CITY OF WY LIE
2001 HWY 78 N—P.O.BOX 428
WYLIE,TEXAS 75098
January 14, 1988
Brad Cross
Texas Water Commission
P.O. Box 13087
Capital Station
1700 N. Congress Avenue
Austin, Texas 78711-03087
RE: Abandoned Municipal Water Well
Dear Mr. Cross:
In follow-up to our phone conversation this date regarding the abandoned
municipal water well, the city staff will shortly forward its recom-
mendation for rectifying the problem to the City Council.
After receiving Bill Klemt's letter of December 4, 1987, I contacted
several companies that have experience in plugging abandoned water
wells and that are familiar with the applicable statutes, rules and
regulations governing this process. The City received a formal written
estimate and an oral one that projected the costs for this plugging
to be in the $7,000 to $8,000 range. At this level of projected
expenditure, the matter would be subject to competitive bidding per
the City Charter. Consequently, the staff will be forwarding a report
to the Council for a reallocation of funds for this project from current
budgeted funds and authorization to seek bids on plugging the well.
I anticipate this action to take place within the the next twenty one
(21) days.
Should you have any questions, please call me at (214) 442-2236.
Respectively,
i
awes J nson
Director of Finance
cc: Forest John, TWC District 4, Duncanville
John Pitstick, City Manager
Ron Homeyer, Asst. City Engineer
q
TEXAS WATER COMMISSION
,k. ;.,yip
Paul Hopkins,Chairman i` ' N.f. James K. Rourke,Jr.,General Counsel
John O.Houchins,Commissioner Michael E. Field,Chief Examiner
B.J.Wynne,Ill,Commissioner '`'' Karen A. Phillips,Chief Clerk
Larry R.Soward,Executive Director
December 4, 1987
PTTTTTgrgI77
Mr. James Johnson
City of Wylie
114 North Ballard li
P. O. Box 428 h'
Wylie, Texas 75098 iii :
Dear Mr. Johnson:
Our staff has received notice of an abandoned municipal water well located behind
the fire station and near the overhead water tower in Wylie, Collin County,
Texas. Property records indicate that the city of Wylie is the landowner of the
subject property.
Abandoned wells not only serve as conduits or channels for contamination to reach
ground water but these wells can also be a hazard to human and animal life.
As the property owner, you are responsible for plugging or properly capping the
abandoned well as stated in the Water Well Drillers Act and in 31 TAC 287.48 and
287.49. If you choose to plug the well and the well has no cement behind casing,
then the casing must be removed and a cement plug extended from land surface to a
depth of not less than ten (10) feet. Within thirty (30) days of plugaing the
well , a report must be filed with the Commission on forms supplied by the TWC
Drillers Board Assistance Program. Enclosed for your information are copies of
the Texas Water Commission Permanent Rules and a Plugging Report Form.
Our district office in Duncanville will be contacting you within the next 10 days
to check on the progress of the plugaing. Should you have any questions, please
contact Mr. Brad L. Cross at (512) 463-8280 or our district office at (214)
298-6171.
Sincerely,
zr-- -------p , y......_..
Q.....t..4,447\
Bill Klemt, Chief
Ground Water Conservation Section
BLC:is
Enclosures (2)
cc: Mr. Dave Gill , TWC District 4, Duncanville
Mr. Frank Grimes, 3638 Stables Lane, Dallas, Texas
Mr. Steve Wiley, TWC Drillers Board Assistance Program, Austin
P.O.Box 13087 Capitol Station • 1700 North Conaress Ave • Al loin TPxae 7R711-1f1R7 • Aro,rr„ao c19.1AZ-7QWn
/a
SS287.41-287.50
feet below- the lowermost fresh water zone to the land
surface. . _ -
(b) , The annular space between the casing and the wall of the
borehole shall be cemented to the land surface, or as a
minimum, to a height greater than the hydrostatic head
of the undesirable-water: aquifer plus the uppermost 10
feet of casing. - -
(c) - If the undesirable water does not enter the cased part
of the well, the lowermost and uppermost 10 feet (mini-
mum) of the casing shall be cemented in order to seal
off all other water-bearing or other permeable sections
- . " from the well. -
5287.47. Recompletions. _ _
(a) - The landowner shall have the continuing - responsibility
of insuring that a well does not allow the commingling
of undesirable water and fresh water or the unwanted
loss of water through the wellbore to other porous
strata.
(b) If a well is allowing the commingling of undesirable
water and fresh water or the unwanted loss of water, and
the casing in the well cannot be removed- and the well'
recompleted in accordance with the applicable rules, the
casing in the well shall be . perforated: and, squeeze
cemented' 'in . a manner that will prevent the commingling
g 9
or loss of water.'- If such a well has no casing then the
well shall be cased and cemented, or plugged in a manner
that will prevent such commingling or loss of water.
(c) The executive director may direct the landowner to take
proper- steps to prevent the commingling of undesirable
- water and fresh water, or the unwanted loss of water.
S287.48. Well Plugging and Capping.--_ :=
(a) :- It - is - the responsibility of the landowner - or person
having the well drilled, deepened, or otherwise altered,
to cap or have capped, under_ standards _ setforth in
SS287.4-287. 50 of this title (relating to Well Drilling,
:c Completion, - Capping and"_Plugging) , any well which is
open at the surface.' .
- (b)n It is the responsibility of -- the-. landowner or- person
- having the well drilled, deepened or otherwise altered
to plug or have plugged a well which is abandoned.
(c) It shall- be- the responsibility: of --:each- licensed well
driller-- to - inform _a landowner or person having a well
... drilled, - deepened; or otherwise - altered that .the well
must be plugged if it is- abandoned. -- _
(d) It is the responsibility of the licensed well driller to
see that_ anywell which encounters undesirable ' water is
:..: plugged under the standards..set forth in SS287_.41-287.50 - __
of this title (relating: to Well Drilling, zCompletion,
Capping, and Plugging) .
Printed
2/10/86 -4-
f
- SS287,41-287_50 _ - - - - - . -- --- . ------
.e-1( _
(e) The person that plugs such a well shall, within 30 days
after completion or plugging is complete, submit a well
completion and plugging report to the executive direc-
tor, on forms supplied by the executive director.
S287.49. Standards for Plugging Wells. -
(a) - If the use of a well that does not contain any undesir- .
able-water zones is permanently discontinued, all
removable casing shall be removed from the well and the
entire well filled with cement to the land surface.
(b) In lieu of the procedure in subsection (a) of this
section, the well may be filled with heavy mud followed
by a cement plug extending from land surface to a depth
of not less than 10 feet.
S287.50. • Standards For Plugging Wells That Penetrate Unde-
sirable Water Zones.
(a) If the use of a well that penetrates undesirable water
is to be permanently discontinued, all removable casing
shall be removed from the well and the entire well
filled with cement to the land surface.
(b) In lieu of the procedure in subsection (a) of this
(20 - section, either the zone (s) contributing undesirable
water, or the fresh water zone (s) , shall be isolated
with cement plugs and the remainder of the wellbore
filled with heavy mud to form a base for a cement plug
extending from land surface to a depth of not less than
10 feet.
0 .
Printed
2/10/86 -5-
Please use black ink. I
State of Texas
File WHITE COPY w'tn: Water Well Completion and Plugging Report
Texas Department of Water Resources Texas Water Wen Drillers Board
P.O.Box 13087 iThis form must be completed and filed with the TWC P.O.Box 13087
Austin,Texas 78711 within 30 days following the date the well is plugged as
Austin-Texas 78711
Phone 1512)463-7997 required by current statutory law) Phone 1512)463-7997
A. Well Identification and Location Data
1) Owner Address
iNamei (Street or RFD/ (City) (State) (Zip)
2) Owner's Well Number
3) Location of Well County miles in direction from
N.E..S.W.,etc.) (Town)
Legal description:
Driller or other person performing the plugging Section No. Block No. Township
operations must complete the legal description
to the right with distance and direction from two Abstract No. Survey Name
intersecting section or survey lines, or he must
locate and identify the well on an official Distance and direction from two intersecting section lines or survey lines:
Quarter- or Half-Scale Texas County General
Highway Map and attach the map to this form.
J See Attached map.
B. Historical Data on Well To Be Plugged (if available)
4) Driller License Number
—City
5) Drilled 19 6) Diameter of hole inches; 71 Total depth of well _feet.
C. Current Plugging Data
81 Date well plugged , 19
91 Sketch of well: Using space at right, show method of
plugging the well including all casing and cemented
intervals.
10) Name of Driller or other person actually performing
the plugging operations
•
if a water well driller plugged the .veil g:ve he drillers
license no.
11) Casing and cementing data relative to the plugging
operations:
Diameter Casing Left in Well •
(inches) From (feet) To(feet)
Cement Plug(s)Placed in Well Sacks)of
From (feet) To (feet) cement used
I f I I
D. Validation of Information Included in Form
I hereby certify that this well was plugged by me (or under my supervision)and that
all of the statements herein are true and accurate to the best of my knowledge and belief.
Company or Individual's Name
(Type or Print)
Address
Street or RFDI (City)
(State)
(Signed) (Signed)_ •- i.p_. n•,na p;ogy...�of ura _ —
rot w,ill
..rr tWC •
)yell Nc
lens Micas Company
_ 4 O.O.Box 31-L
Kilgore.Tx.75662
114f986-l342
Januany 6, 1988
rt : ;IF
M . James Johnson--Finance D.inecton
City oS Witey
114 N. BaLLand Stneet -
Wiley, Texas 75098
Dean Sin:
In Aesponse to yours nequest Son an estimated pn.ice to plug and abandon yours
city waters weft behind the Site station, we osiers the Sottow.ing .
1 . Move .in heavy senv-ice n.i.g and putt the existing pump (est.imaed to be
6" column set appnox.imatet y 500 S eet deep) , then measune the depth
os the wettikeponted to be 2790 Seet .in 1923 ) and measune the size
and depth os the casing . The cost OS this step would be---- $ 1700. 00
2. The estimate cost to plug the weL.2 Wen the pump has been nemoved .is
$5050. 00, .is done white the senv.ice n.tg is st.i t on Location.
3. The estimate cost to plug the weft, i you have the A.Lg move out and
come back to plug at a Latex date .is $5730. 00.
The estimated cost Son ptugg,ing .is based on OWL expecting the bottom os
the weft to be 6" d,i.ameten and on the anea Snom appnox.imatety 700 Sea to
2600 Seet, being 8" d.iameten and the anea Snom gnound Levet to 700 Seet
being 12" d.iametex. Vax.iat.ion .in d.iameten and depth would cause the pn.ice
to vany some.
The ptugg.i.ng would be done by a negistened dn.itteA .in comp.Uance with the
State os Texas waters Commission Rates . A Aepont made on Sonms Sunn.ished
by the commission and a copy Sunnis hed to the City o S Wiley when the plug-
g.ing .is completed.
Thank you Son the oppontun.ity to quote these places to you.
TS you have any questions, please ieet Snee to catt me at anytime.
SLncene-Ly,
tan GA-cm
Staff Report to Mayor and City Council
DATE: SUBJECT: BID AWARD, BIT #88-04 - ELECTRICAL NO:
SERVICE AND WIRING FOR WYLIE NORTEX
01-20-88 WATER STORAGE SITE AND PUMP STATION
BID OPENING, JANUARY 13, 1988, 2:00 P.M.
CONFERENCE ROOM - FINANCE
TWO BIDS RECEIVED:
(1) READY ELECTRIC INC. $8,975.00
626 N. INTERURBAN BID GOOD
RICHARDSON, TEXAS 75081 FOR 90 DAYS
234-5092 - FRANK WATERS
(2) MORROW ELECTRIC $9,198.00
324 BRIARWOOD BID GOOD
WYLIE, TEXAS 75098 FOR 90 DAYS
442-1679 - GLEN MORROW
FUNDING: IMPACT FUND
ACCOUNT #90-900-901-04262
RECOMMENDATION: READY ELECTRIC
WORK TO COMMENCE UPON BID AWARD
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
JAMES JOHNSON, DIRECTOR OF FINANCE
FOR ADD.INFO. CONTACT: OTHER:
� 5�
( r ( ( ( ( r ( ( r ( r r r r r r
KM 11114 **abbe Irma(neffi:f*1e,avian.Wm 01480
• Proposal Page No. of Pages
MORROW ELECTRIC, INC.
Commercial, Residential, Industrial
324 Briarwood Drive Wylie, TX 75098
(214)442-1679 442-2428
PROP SUBMITTED O PHONE DATE
017� d i kiV if 4 _ VIZ — 2 Z 3 -- I —fig
STREET JOB NAME
aR 00 / lib,/ 7gN r 1 -i
CITY. STATE AND ZIP CODE JOB IQCATIO_ /
Po 3a) 4-2-2 011)..k, () /U1� r [ery, 0)4-fe.< 5.471 Tel(
ARCHITECT DATE OF PLANS 08 PHONE
I
We hereby submit specifications and estimates for:
is /4972 S Ai' fAY ',
/0 Dap%e x O Pt2�T t ri 1
�, 5-/? 5w,�eh s ' r J
7 jj ►,
/�/ Ts 5
I /9"/C eIli' 7,0 /I
Qo J'4 54.Xi 4971 e.1 (Coa, 1r1 /Tool, )
7 r f-e- f x fa re s (3 b r- )- )
pcf"to 41 1 5 0 I4.e.
1u,.....p ,tZ S N-P
l "a Ie...,€ f 0IR (Is119 )
/ l.�J411 14-cirieilK C f A 0 4)
ec._ 5 4c
A -e1 - P fP1e_ � �z �
2S- 1CvA /,Bii orr1o#S � eiga flfi /La
/ cod A 1iPU SQYv.c.e.....
Mr Propose hereby to furnishl� material and
and labor — complete in accordance with above specifications, for the sum of:
�J`t'_A 3� l!ibi.-1 Q let:ON Ott
Payment to be made as fol ows:
r dollars($ q 9� ).
All material is guaranteed to be as specified.MI work to be completed in a workmanlike
manner according to standard practices.Any alteration or deviation from above specifics. Authorized
lions involving extra costs will be executed only upon written orders,and will become an Signature 992
extra charge over and above the estimate.All agreements contingent upon strikes,accidents
or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Note:This proposal may be O
Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted withi days.
ArreptatuE of PrnpoBaI—The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized Signature
/6
yral1uaIaL Page No. Of Pages
••44sa YY YY
RICHARDSON
READY ELECTRIC INC.
626 North Interurban
RICHARDSON, TEXAS 75081
(214) 234-5092
PROPOSAL auaaaTTED TO i PNONE !DATE
PTTRCHASTNG AGENT, CITY OR WYT TF 1447..1Sfi4 ! 1/11/8R
STREIT 1-J06 NAME
crtr.aaYE
p�coo JoeLocA P 428 NORTFY GROU�[D STORAGR SITE
w
ARCNRECY WYCIB, TX_ 75098 i WYLIE OF PLANS iJOB PHONE
RON HCMEYER 1 1/4/88 r
lit Pupas, hereby to furnish material and labor—complete in accordance with specifications below, for the sum of:
EIGHT TNOHSAND, NINE HUNT)RFI] AND SEVENTY..FTVF dollars(S 8,975-00 1. '
Payment to be made as follows:
TOTAL PAYMENT TS ❑UE AND PAYARI F UPON COMPLETION OF CONTRACT.
THERE WILL BE A 211106 (2%) DISCOUNT ALLOWED IF PAID WITHIN FOURTEEN DAYS. 1
AO,mat.Nsl a gwranteso to be es sp.cllleo.An work to be completed m a workmanlike r f
mentor aeCwdMg to stsrbar0 PraCiK.s.Any ahentbn or deviation from fpeC wanton.b.- Authorized r rL./� t k.1
low involving extra Costa will be ea.euted only upon written orders,and will become an `Signature
want charge over and above the estimate.All agreements contingent upon strikes,acci- NOIe:ThiO ro
dents or delays beyond Our control.Owner to carry tire,tornado and other necessary proposal may be
in. eec..Our workers are fully cows by Workmen's Compensation Insurance. withdrawn by us if not accepted within 90 days.
w
We hereby submit specifications and estimates for
RICHARDSON READY ELECTRIC INC. SHALL:
(1) COMPLETE JOB IN APPROXIMATELY FIVE DAYS AFTER ALL EQUIPEMENT
HAS ARRIVED.
(2) INSTALLED POWER COMP. SUPPLIED TRANS—SOCKET AND SUPPLY AND INSTALL
RISERS FOR A 1000 AMP 480 VOLT OVER—HEAD SERVICE.
(3) FURNISH AND INSTALL ONE 1000 AMP NEMAI SURFACE MOUNT TWENTY—FOUR
SPACE 480 VOLT PANELBOARD, WITH MAIN—BREAKER.
(4) FURNISH AND INSTALL BREAKERS AND FEEDERS FOR CONTROL PANEL,
PUMPS 1 & 2 , HEATERS 1 & 2 , TRANSFORMER, POWER TO BUTTERFLY
VALVE, INSTRUMENT ROOM 120/240 VOLT PANEL, AND REQUIRED CIRCUITS
TO TELEMETRY EQUIPWENT, AWR CONDITIONER, AND CONTROL PANEL AS
PER PRINT.
(5) 480 VOLT PANELBOARD WILL HAVE THE CAPABILITIES FOR TWO FUTREURE
THREE—PHASE BREAKERS.
(6) FURNISH AND INSTALL SEVEN 8* TWO LAMP FLOURESCENT FIXTURES.
(70 INSTALL ONE SINGLE POLE SWITCH AND TWO 3—WAY SWITCHES AS PER PRINT.
(8) INSTALL NINE CONVIENCE RECEPTACLES.
(9) INSTALL RECEPTACLES FOR A/C UNIT AND HEATER.
(10) SUPPLY POWER TO TWO 7.5 KW HEATERS.
NOTE: CITY OF WYLIE TO FURNISH HEATERS, A/C , TRANSFORMER, DUPLEX
CONTROL PANEL, AND ALL TELEMETRY COMPONEBENTS.
ALL WORK IS TO BE DONE IN A WORKMAN LIKE MANNER AND ACCORDING TO ALL
STATE AND CITY CODES. ANY AND ALL WORK REQUESTED BY OTHERS AND NOT
DESCRIBED IN THE ABOVE WILL BE AN EXTRA AND BILLED ON A COST PLUS
BASIS. IF ACCOUNT IS NOT PAID AS PER TERMS OF PROPOSAL, ALL
WARRANTIES EXPRESSED OR IMPLIED ARE VOID.
Arreplatirt of Proposal—The above prices.specifications
end conditions are satisfactory and are hereby accepted.You are authorized Signature
to do the work as specified.Payment will be made as outlined above. !�
Oats of Acceptance: Signature /
rpnru 115-3 ♦raarbw km�Jun-Gam.Mona NUl
7
\filie
CITY OF WYLIE
20C' -4WY '8 N —P a BOX 428
NYLE. TEXAS '5098
PUBLIC NOTICE
INVITATION TO BID
The City of Wylie , Wylie , Texas is now accepting bids
for the following item(s) :
Install electrical service and all associated wiring
for City of Wylie Nortex Water Storage site and Pump
Station.
Sealed bids will be received by the City of Wylie , Finance
Department , Purchasing Agent at 2001 Hwy 78 N . , P. O . Box
428 , Wylie , Texas 75098 , until 2 :00 P . M. , January 13 ,
1988 . At said place and time and promptly thereafter all
bids that have been duly received will be publicly opened
and read aloud . The City reserves the right to reject all
bids , waive informalities , and to reject nonconforming ,
nonresponsive , or conditional bids . Specifications and
requirements are available at City Hall , 2001 Hwy 78 N. ,
Wylie , Texas 75098 , or can be forwarded to interested
bidders, (214) 442-2236 . #88-04
GENERAL CONDITIONS OF BIDDING
READ CAREFULLY
1. INSTRUCTIONS: These instructions apply to all
quotations and become a part of terms and conditions of
any bid submitted unless bidder takes exception in
writing when submitting quotations .
2. FORM: Quotations must be submitted on this form only,
in duplicate, unless otherwise stated.
3. BID RETURNS: Each bid must be sealed in a separate
envelope, addressed to the Purchasing Agent , City of
Wylie, P.O. Box 428, Wylie, Texas 75098.
4. LATE BIDS : Bids must be in the Finance Department' s
office prior to the closing date and time. No late
bids will be accepted.
5. ACCEPTANCE: The right is reserved to accept or reject
all or part of the Quotation, and to accept the offer
considered most advantageous to the City by item or
total bid .
6. ERROR-QOANTITY : Bids must be submitted on units of
quantity specified - extend and show total . In the
event of discrepancies in extension, the unit prices
shall govern. Any suggestions as to quantity to
secure a better price are welcome.
7 . F.O.B. - DAMAGE: Quotations shall be bid F.O.B.
Delivered, City Hall , 2881 Highway 78 North, Wylie,
Texas 75098 and shall include all delivery and
packaging costs. The City of Wylie assumes no
liability for goods delivered in damaged or
unacceptable condition. The successful bidder shall
handle all claims with carriers, and in case of damaged
goods, shall ship replacement goods immediately upon
notification by the City of damage.
8. FIRM PRICES: Bid prices must be firm for a minimum of
90 days from date of bid closing. In the case of
Annual Contract Request for Quotations, the prices must
remain firm for the period as specified on the bid.
"Discount from List" bids are not acceptable unless
specifically requested.
9. AUTHORIZED SIGNATURE: Bids MUST show full firm name
and address of bidder, and be manually signed. Failure
/
to do so will disqualify bid. Person signing bid must
show title or AUTHORITY TO BIND HIS FIRM IN A CONTRACT.
Firm name and authorised signature should appear on
each page of a bid consisting of sore that one sheet .
10. WITHDRAWAL - ALTERATION OF BIDS: Bids CANNOT be
altered or amended after bid closing. Alterations made
before bid closing must initiated by bidder
guaranteeing authenticity. No bid may be withdrawn
after bid closing without acceptable reason in writing
and with the approval of the Director of Finance.
11 . INVOICES: Invoices must be submitted by the successful
bidder in duplicate to the City of Wylie, Finance
Department, P.O. Box 428, Wylie, Texas 75098.
Successful bidder will bill by fund and department and
give detailed list of charges by department when
invoicing the City in accordance with City
requirements.
12 . CASH DISCOUNTS: Normal payment terms are Net 30.
Any discounts available to the City for early payment
should be noted. Discounts may be considered in
determining low bid.
13. TAXES: The City of Wylie is exempt from Federal
Manufacturer' s Excise, and State Sales Taxes. TAX MUST
NOT BE INCLUDED IN BID. Tax exemption certificates
will be executed by the City and furnished upon
request.
14 . SPECIFICATIONS - SAMPLES: Any catalogue, brand name,
or manufacturer ' s reference in the Request for
Quotation is descriptive and NOT restrictive, and is
used to indicate type and quality level desired for
alternates if unable to bid on items listed. Bid on
brands of like nature and quality may be considered
unless specifically excluded. If bidding on other than
reference or specifications, bid must show
manufacturer brand, trade name, catalog and/or lot
number, etc. , on article offered, and certify article
offered is equivalent to specifications. If other
than specified brands of items are offered,
specifications, illustrations and complete descriptive
literature must be submitted with bid unless previously
filed with the Finance Director. Samples, if required
shall be furnished free of expense to the City and if
not used or destroyed in examination and testing will
be returned to the bidder, if requested, at the
bidder's expense. Each sample must be marked with
bidder's name and address and Bid Number reference.
SAMPLES SHOULD NOT BE ENCLOSED WITH BID.
:3. GELIvERY PSGMI_E - PENALTIES: Quotations MUST chow the
ru,nber of caiendar days required to 01 a=e the materials
in the possession of the City. DO NOT quote shipping
dates. Failure to specify delivery item will obligate
Bidder to COMPLETE delivery in TWO (2) weeks. A
minimum of five days better delivery promise will
automatically break a tie bid. Unrealistically short
�r undue long delivery promises may cause the bid to be
di =regardea. Consistent failure of a iii Oder to meet
his delivery promises without valid reason may cause
removal from the Bid List.
When delivery delay can be foreseen, the bidder shall
give prior notice to the Finance Director, who shall
have the right to etend the delivery date if reasons
for delay appear acceptable. The bidder must keep the
Finance Director advised at all times as to the Status
of the order . Default in promised delivery, without
acceptable reasons, or failure to meet specifications,
authorizes the Finance Director to purchase the goods
elsewhere, and charge any increase in cost and handling
to the defaulting bidder. Every effort will be made by
the Finance Department to locate the goods at the same
or better price as that originally contracted.
Ib. PACKAGING: Unless otherwise indicated. items will be
new unused and in first class condition .n containers
suitable for damage-free shipment and stDrage.
17. DELIVERY TIMES: Deliveries will be acceptable only
during normal working hours, ie; 8:00 A. M. to 5: 00
P.M. , Monday through Friday, at the designated City
Municipal Facilities.
18. TIE BIDS: Consistent and continued tie bidding on any
commodity could be caused for rejection of all bids by
the Finance Director and/or investigation by the
Attorney-General to determine possible Anti-Trust
violations.
19. PATENT RIGHTS: The vendor agrees to protect the City
from any claim involving patent right infringement or
copyrights on goods supplied.
20. NO BID: Quotation forms must be returned at once if
bidder is unable to quote.
21 . BID EVALUATION: All bids are evaluated for compliance
with specifications before the bid price is considered.
Response to specification is primary in determining the
best, low bid.
o /
BID FORM
BID NO.
THE FOLLOWING INFORMATION MUST BE PROVIDED IN ORDER FOR '(OUR
SID TC 9+E CONSIDERED.
1 . Article IX Sect_on 5 Personal Financial Interest of the
City Charter states in part that "no officer of
employee of the City shall have a financial interest,
direct or indirect , in any contract with the city, nor
shall be financially interested, directly or
indirectly, in the sale to the city of any land,
materials, supplies or service. "
Is the bidder or any person having a direct or indirect
financial interest in the bidder, an officer or
employee of the City?
If yes, please identify the person or persons and the
exact nature of the interest .
_ . Is the bidder or any officer or .manager of the bidder
related to a Manager of any City department, any
employee of the City Purchasing Department, City
Manager, or any member of the City Council?
If yes, please identify the relationship between the
bidder and the City.
Signature Title
Company Name
Address
2'
BID FORM
BID NO.
THE FOLLOWING INFORMATION MUST BE Pcry I DFD FnF ',OUR F I r To
BE CONSIDERED.
House Bill 620 Municipal Contracts: Non-resident Bidders.
New law of the State of Texas 69th Legi sl ati v= Regular
Session prohibits cities and other governmental units from
awarding contracts to a non-resident bidder unless the
amount of such bid is lower than the lowest bid by the Teas
resident by the amount the Texas resident would be required
to underbid in the non-resident bidders state.
In order to make this determination, please answer the
following questions:
1 . Give the address and phone number of your principal
place of business.
Give the name, address of principal place of business
and phone number of your company' s majority owner.
3. Give the name address of principal place of business
and phone number of your company' s ultimate parent
company.
4. If in any of your answers to numoer 1 . 2. or 72. above.
the answer indicated a principal place of business
other than within the State of Texas, you are required
to provide a copy of all relevant laws applicable to
non-resident bidders in the other jurisdiction.
ailure to suopl •; this ihformation may .—esu1t in the
'�Jection c • our bid .
Signature Title
Company Name & Address
CITY OF WYLIE
'4CRTE X 3RCLND 3TCRAGE SITE ELECTRICAL
SERVICE i INTERNAL WIRING
SPECIFICATIONS
A. _GENERAL_REQUIREMENTS
The +rrr'K :C .erec b•. tn . s section includes' furnishing :i t i
_ 3b•_r, ecui :.crier•t , 3'1co . '.e3 and 'nater :a.; and performing
3 . i operations . n connection with the installation
of
all
w: . na and : :rho.:rert3 in accordance with thi
1S
specl f lcat 1•_rr 3rd apol 1caoie drawing.
The contractor .' is iriclu-J.e all supplementary parts
r:ecessari or rebuired for a complete and satisfactory
lnstallat : :n within tne tr..e meaning and intent of
drawings e .el,,rGing one 25 roiA transformer and one auplex
control i ;are: and all telemetry components to
� � be supplied
by the City of Wylie) .
The ei?•: ;cal wiring ana : :ri:pcner t3 srall be the U.
4. All :_�m e r:e-.i s _ t n . s system_m
' ' � snail „e tne product :'` one
ri:anuf act .r.^er. where possible, to ensure ease : f
maintenance and present tne same general appearance.
b. Only newly manufactured components shall be used. No
pre-used or rernanu f act ured components will be accepted.
6.- The- contractoe shall furnish - detailed shop drawings at
request of the City of Wylie which show actual layout
dimensiors.
B. _MATERIALS
Al :1 . elect-' .ca: wir. ` g spa. . be ::upper, n.: aluminum wiring
will pe a: :._w_z. All wiring wiij de sued according to
projected loadings anc as set forth In the National
Electric Code (NEC) , 1982 version.
Z. All conduit shall be either rigid conduit or EMT conduit,
no PVC e:ectricai conduit shall be allowed.
3. All electrical boxes snail be of metal construction.
4. All electrical o'.erload protectors shall be resetable
breakers, no fused connections will be allowed.
f. All interior lighting fixtures shall be florescent. no
incandescent lights will be allowed.
C. INSTALLATION
All electrical components and wiring shall be installea in
accordance with the attached wiring schematic in the general
locations exhibited in the attached floor plan and site plan
with new materials, and all work shall be performed in a
workmanlike manner satisfactory to the City of Wylie staff.
WCRKMANSHIPAND CLEANUP
-- ai . electrical wiring and c•:rnperrents anal ; meet t^e
_-ec -cbment •:i :t'e VET. i -3a.? -dersi•on.
anC •+cr. na-r5� 1 � anal : be :f F ;
-str•E3:ec' -3r.d 3�di :rrn - : lass :
nEr t lor:ed. ter. _ spec. . __at : _ns 'ter-rein
e is? any used materials _r
�@rrl e,r,+d' 3e C 'arSG c,:mocrents mill
_. ,:or , nat9r- : a : sdec . Tied in tft : 3 secti :.n may be -ejected
r 'a1 : Jr a to meet '
atan/ _ f t''e pro -_r,s of this
s;.ec : :c iorr :r - :r any defect causing • -
to be
.unsuitable f :r .ts i-,ter,dea use.
4. The contractor shall remove from the vicinity ofthe
completed work, all tools. building ecuidrnerrt and other
materials oar ecr_t1�:,rnent, belonging to .`Tin :r lsec under his
i re
= t : :,n during c,:tr=tr,.cct
E. MEASUREMENT AND PAYMENT
wiring : r Sta. 1 _: . 1•rc ,
r at t.^.t ,.r-act lump Sure price h --' 1 _
w':c price snail
_ :r,stitute full c:rnpernsatior, for- furniSnlrrg all labor,
equipment (eAcept transformer, control panel. electric heaters
a.-d telemetry equipment ) , tools and incidentals necessary to
__ornolete the work.
Me+'er
ti
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'reaker 4ao volt pane
(loon Ar ip) .
baited lq Valve
p # 2 -beaker 4 I -Realer *2 raneAorrner Mayor Control
a ker Breaker Or'eo ker Breaker breaker
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el +teaker * i 14ea- •er 4 2 ranscormer Nu Rer f lq
(7.6 KW ) ( 7.5 kW ) 4$0 V 4v U to Vatve
25 Mai-orKVA
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# 2 goorn Grid Ou+ lek5
94.t 3-20 Amp Circuit*
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•slrac"s TRUCK INSURANCE EXCHANGE
� "°°°%� INTERIM CERTIFICATE AS TO EVIDENCE OF INSURANCE
Z r'-y T
THIS IS NOT AN INSURANCE POLICY.THIS IS ONLY A VERIFICATION OF INSURANCE.IT DOES NOT IN ANY WAY AMEND,EXTEND OR ALTER THE
COVERAGE PROVIDED BY THE POLICIES LISTED BELOW.
Nom*d READY ELECTRIC
Iesurad • 626 N. INTERURBAN ^g('i.-37 3
Address olicy No.-Workmen's or
• RICHARDSON, TEXAS 75081 Worker's Compensation
i
Agent Policy No.-Other Cov
This is to certify that policies for the above named insured are in force as follows:
This Interim Certificate As To Evidence of Insurance shall expire thirty days from M.,
/I- )- T , 1911, unless cancelled prior to such date by written notice to the named insured.
COVERAGE COMBINED LIMITS OF LIABILITY
COVERED NOT
COVERED AUTO
LIABILITY
ElOwned Bodily Injury $ /C�' ,000 each person
❑ ❑ Hired $ 3'2 ,000 each occurrence
Non-Owned Property Damage $ l C 0
❑ ❑ Employer's Non-Ownership p y 000 each occurrence
Contingent liability
Single Limit Liability for Coverages checked ® above $ ,000 each occurrence
GENERAL LIABILITY
M&C - OLT Bodily Injury $ S eV ,000 each person**
Owners & Contractors $ S c 000 each occurrence
❑ Contractual* $ ` O 000 annual aggregate
Elevators products••.
Elevators
and/or Property Damage $ Sv0 ,000 each occurrence
❑ ❑ $ -re, 000 annual aggregate
Completed Operations products•..
Single Limit Liability for Coverages checked ® above
$ Sdif) ,000 each occurrence
$ 5r 0 moo apronnualduce ag.•gregat• e
❑ ❑ CARGO $ ,000 each vehicle
$ ,000 each occurrence
❑ 0 WORKERS'
COMPENSATION Statutory
*Includes Goods or Products Warranty, Written Lease of Premises, Easement Agreement, Municipal Ordinance
Agreement, Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only, unless accompanied by
specific endorsement providing additional Contractual Coverage.
❑ Described Description
below ❑ woi.ed
OWNED YEAR,MAKE. TYPE OF BODY, LOAD CAPACITY IDENTIFICATION NUMBER
•
AUTO-
' MOBILES,
IF LAST J
COVERED DIGITS
log g DQd ye S i ., S/J cu c-r-d-.. S 'p SHOWN
Umbrella Liability $ ,000 retained limit
POLICY NUMBER
E each occurrence
$ aggregate
If this Interim Certificate As To Evidence Of Insurance is to be cancelled prior to the expiration date, we shall
provide 3 7 days advance notice in writing to whom this certificate is issued.
•
Certificate issued to: AL CORONADO INSURANCE
Name 1524 CLARK ROAD
Address •
DUNCANVILLE,TX 75137
• (214) 298-0024
Countersigned ��:,f, J &L1Q-tyfl"�i
**Not Applicable in Texas. Authorized Representative
•** In Texas the aggregate also applies to owners and contractors protective, contractual and/or completed operations.
560514 via 15a1200/STP NTEOINU.SA 0 to
0:5t
MEMO
DATE: January 22, 1988
TO: James Johnson, Director of Finance
FROM: Prudence Kling, Tax Assessor/Collector
RE: Refund of payment of delinquent taxes
Please consider refund of $550. 41 to Harold Wayne Daniel.
They paid their 1984 taxes twice in closing (once in January
1985, and again in June 1987) . According to Sec. 31. 11 (a) of
the Texas Property Tax Code this refund must be approved by
the governing body.
r
Collections and Delinquency Sec. 31.11
certified copy of the report as his monthly report to the governing
body of each unit.
(b) The collector for a taxing unit shall prepare and submit to
the governing body of the unit an annual report made under oath
accounting for all taxes of the unit collected or delinquent on prop •
-
erty taxed by the unit during the preceding 12-month period.
Annual reports are due on the 60th day following the last day of the
fiscal year.
(c) At least monthly the collector for a taxing unit shall
deposit in the unit's depository all taxes collected for the unit. The
governing body of a unit may require deposits to be made more
frequently.
Amended by 1983 Tex. Laws,p.5462.ch. 1027.Sec. I.
Cross References:
County collector,see Sec. 6.21.
Assessor and collector for other units, see Sec. 6.22.
Sec. 31.11. Refunds of Overpayments or Erroneous Pay-
ments.(a) If a taxpayer applies to the tax collector of a taxing unit
for a refund of an overpayment or erroneous payment of taxes and
the auditor for the unit determines that the payment was erroneous
or excessive,the tax collector shall refund the amount of the exces-
sive or erroneous payment from available current tax collections or
from funds appropriated by the unit for making refunds. However,
if the amount of the refund exceeds $500, the collector may not
make the refund unless the governing body of the taxing unit also
determines that the payment was erroneous or excessive and
approves the refund.
(b) An application for a refund must be made within three
years after the date of the payment or the taxpayer waives the right
to the refund.
CAdded by 1981 Tex.Laws(1st C.S.),p. 167.ch. 13.Sec. 126.
Cross References:
Refunds made automatically by unit, see Sec. 26.15(f).
259
3
Staff Report to Mayor and City Council
DATE: SUBJECT: NO: /../
01-21-88 CATV Ordinance Revision
This ordinance will act to delete paragraph L (d) of
Section 12 of Ordinance 80-1 (which amended 78-20 the
original CATV ordinance) . In essence, this allows
Communications Services, Inc. (CSI) , the local CATV
franchise, to utilize these channels in expanding basic
service to the subscribers in Wylie. Basic services
added will be Channel 27 and the Discovery Channel.
The schools will be utilizing another channel for
their educational programs and the four channels re-
served in Ordinance 80-1 can be converted to basic
service. The City of Allen, McKinney, and Princeton
have already completed the same action as the Council
will consider tonight.
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
James Johnson, Director of Finance
FOR ADD.INFO. CONTACT: OTHER:
3/
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION
12 (d) OF ORDINANCE 78-20 AS AMENDED BY ORDINANCE 80-1
REGARDING THE OPERATION AND MAINTENANCE OF THE COMMUNITY
ANTENNA TELEVISION SYSTEM IN THE CITY OF WYLIE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, by Ordinance No . 78-20 as amended by Ordinance 80-
1 , dated July 11 , 1978 , the City of Wylie, Texas granted a
non-exclusive franchise to Media Systems , Inc . to construct ,
maintain and operate a community antenna television system
within the corporate limits of the City which was
subsequently assigned to Communications Services, Inc . on
July 12 , 1983; and,
WHEREAS, the City desires to cooperate with the request of
the Regional Instructional Television Consortium of the
Education Service Center , Region 10 ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
_SECTION 1 . That from and after the effective date of this
ordinance that Section 12 (d) of Ordinance 78-20 as amended
by ordinance 80-1 is amended by deleting paragraph (d) of
Section 12 referring to "Reserved Educational - 4 channels"
regarding the operation and maintenance of Community Antenna
Television System in the City of Wylie, Texas
SECTION 2 . This Ordinance shall become effective
immediately upon it ' s passage and publication as required by
law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, ON THE 26th DAY OF JANUARY, 1988 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
302./
0
WYLIE INDEPENDENT SCHOOL DISTRICT
Don E.Whitt-Superintendent
DATE: January 20, 1988
TO: Mayor Chuck Trimble and
City Council
RE: Educational Television Revision
Please be advised that the Wylie Independent School District
is co-operating in the construction of reception apparatus (i.e.
towers, antennae and down converters) to receive educational
programming via the Regional Instructional Television Consortium
(RITC). Receiving the programming at individual campus sites
as opposed to receiving via the cable system is advantageous
to the school district, the RITC and Communication Services,
Inc.
With this reception design in place, the district will no longer
depend on Communication Services, Inc. to carry such programming.
Releasing the four educational channels for other programming
will also benefit the city and the local citizenry. Furthermore,
this plan, in no way effects the utilization of any other local
access channels for city, school or community purposes.
Please support the realization of this design by adopting a
resolution to amend the local cable franchise which will be
forthcoming by Communications Services, Inc.
Sincerely,
Don E. Whitt
Superintendent of Schools
os
P.O.Box 490•Wylie,Texas 7609E-0490•(214)442-5444
COMMUNICATIONS SERVICES, INC.
North Texas Regional Office
1 �;,,
121 N. Greenville Ave., Allen, Texas 75002 �'' t
(214) 727-5723
JAN 13 11988 .tf
January 11, 1988
Mr. James Johnson
City of Wylie
P .O. Box 428
Wylie, Texas 75098
Dear Mr. Johnson:
When I visited with you today I left a Resolution for your
review to have the cable telelvision ordinance amended. In that
resolution there is an error that should read Ordinance No. 78-20
and not 78-80.
I have enclosed a new Resolution with the corrected Ordinance
number. Sorry for the confusion in regards to this matter.
Best regard ,
Edward L Musser
Regions Manager
ORDINANCE NO. 71;_ 711
CITY OF WYLIE
COUNTY OF COLLIN, STATE OF TEXAS
AN ORDINANCE GRANTING TO CABLEVISION OF WYLIE, A SUB-
SIDIARY OF CABLEVISION EQUIPMENT COMPANY, ITS SUC-
CESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUP-
PLY CABLE TELEVISION (CABLEVISION) TO THE GENERAL
PUBLIC IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS,
AND THE ENVIRONS THEREOF; PROVIDING FOR FRANCHISE
FEE; PROVIDING FOR THE WAIVER OF A FEE OR CHARGE
FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS,
AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES
AND CHARGES, EXCEPTING AD VALOREM TAXES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS :
SECTION 1. That the City of Wylie, Texas, hereinafter
called "City, " hereby grants to Cablevision Equipment Com-
pany, hereinafter called "Company, " its successors and as-
signs, a franchise to use and occupy the present and future
streets, alleys, highways, public places, public thorough-
fares and grounds of City for the purpose of laying, main-
taining, constructing, operating and replacing therein and
thereon cablevision lines and all other appurtenant equip-
ment needed and necessary to deliver and sell cablevision
services to persons, firms and corporations, including
all of the general public, within the City's corporate
limits and the environs thereof, such franchise being granted
for a term of fifteen (15) years from and after the date of
the final passage and approval of this ordinance.
SECTION 2. Company shall lay, maintain, construct, op-
erate and replace its cablevision wires, cables, and con-
ductors and other equipment so as not to interfere with traf-
fic and shall promptly clean up and restore to an approxi-
mate origianl condition, at its cost, all thoroughfares
and other surfaces which it may disturb. The location of all
cablevision wires, cables, conductors, and other appurtenant
equipment shall be fixed under the supervision of the City
Council or an authorized committee or agent appointed by
said Council. The governing body of City shall recommend
the extension of subject cables wires and conductors, into
new subdivisions to be underground and to be emplaced by
the subdivider in the same manner as telephone and electric
utilities.
SECTION 3. When Company shall make or cause to be made
excavations or shall place obstructions in any street, alley
or other public place, the public shall be protected by bar-
riers and lights placed, erected and maintained by Company,
and in the event of injury to any person or damage to any
property by reason of the construction, operation or main-
tenance of cablevision equipment and system of Company, Com-
pany shall indemnify and keep harmless City from any and all
liability in connection therewith. Company shall repair,
clean up and restore to an approximate original condition
all streets and alleys disturbed during the construction
and repair of its cablevision equipment and system.
All transmission and distribution structures, lines,
equipment, and facilities erected or maintained by Company
within the City shall be so located as to cause minimum inter-
ference with the proper and intended use of streets, high-
ways, alleys, bridges, and other public ways and places,
and to cause minimum interference with the rights or reason-
able convenience of property owners who adjoin any of said
streets, highways alleys, bridges, or other public ways or
places.
Company, upon the written request of any person holding
a building moving permit issued by City, shall remove, raise,
or lower its cable wires and conductors, temporarily to per-
mit the moving of houses, buildings, or other bulky struc-
tures. The reasonable expense of such temporary removal,
raising, or lowering shall be paid by the benefitted person
or persons and Company may require such payment in advance.
Company shall be given not less than forty-eight (48)
hours advance notice in writing to arrange for such temporary
transmission line changes.
Company shall have the authority, to the same extent
that the City has such authority, to trim trees upon or
overhanging streets, highways, alleys, bridges, or other pub-
lic ways or places of the City in order to prevent the branches
of such trees from coming in contact with the wires, cables,
conductors, or other facilities or equipment of Company.
SECTION 4. Company may promulgate and enforce reason-
able rules and regulations in the conduct of its business
and may require, before furnishing any service, the execution
of a contract therefor and may require each consumer, within
the corporate limits of City, to pay Company for the installa-
tion of cablevision service lines. Service lines are defined
as wires, cables, conductors, amplifying and distribution
equipment connected to Company' s main distribution system
in the streets or alleys to and ending in the subscriber 's
premises.
SECTION 5. Company shall be entitled to require from
each and every subscriber of cablevision, before cablevision
service is commenced, a deposit of twice the amount of an
estimated average monthly bill, which said deposit may be
retained by Company until service is discontinued and all
bills therefor have been paid. Company shall then return
said deposit to the suscriber, together with nine per cent
(9%) interest thereon from the date of said deposit up to
the date of discontinuance of service. Company shall be
entitled to apply said deposit, with accrued interest, to
any indebtedness owed Company by the subscriber making the
deposit.
SECTION 6 . The rights, privileges, and franchises granted
by this ordinance are not to be considered exclusive, and
City hereby expressly reserves the right to grant, at any
time, like privileges, rights and franchises as it may see
fit to any other person or corporation for the purpose of
furnishing cable television for City and inhabitants thereof.
SECTION 7. City hereby grants Company the authority to
contract with the City or with any appropriate board or
L
agency thereof or with the holder or owner of any utility
franchise in the City of Wylie for the use, rental, or lease
of its or their poles, underground conduits, and other struc-
tures and facilities for the purpose of extending, carry-
ing, or laying Company's wires, cables, electronic conductors,
and other facilities and appurtenances necessary or usable
in receiving, amplifying, and distributing television signals
and in providing cable television service in the City of
Wylie.
SECTION 8. Company shall furnish reasonably adequate
service to the public at reasonable rates and charges therefor;
rates are to be determined by Company and to be consistent
with industry rates.
Company hereby agrees to submit to City, in writing, a
notice of rate changes at least 60 days prior to any change
in rates charged by Company for its basic services, such
notice to include detailed reasons for any increase in rates.
Company hereby agrees to notify subscribers, in writing, at
least 30 days prior to any increase in rates charged by Com-
pany for its basic serices.
"Basic services" is defined as the installation fees and
monthly subscriber fees and does not include any premium op-
tions such as paid television service, extra sets, security
service, or any other ancilliary options offered in the future
paid for in addition to the basic service, provided such
options do not involve the use of City property to install
and maintain such optional equipment or service.
SECTION 9. Company, its successors and assigns, agrees
to pay and City agrees to accept, on or before the 21st
day of July , 1978 , and on or before the same day of each
succeeding year during the life of this franchise, up to
and including the year 1994, a sum of money which shall be
equivalent to three per cent (3%) of the gross receipts for
basic services for the preceding calendar year, received
by Company for the sale of cablevision service and equip-
ment to its domestic and commercial subscribers within the
city limits of the City of Wylie, excluding however, re-
ceipts derived from sales to governmental users and sub-
scribers in said City, but including users and sub-
scribers outside the City Limits of Wylie who are provided
cablevision service through the use of city streets, alleys,
highways, public places, public thoroughfares, and grounds
of the City, and who are served from main distribution
points within the City Limits through feeder lines which
extend outside the City Limits. Such annual payment shall
be for the rights and privileges herein granted to Company,
including expressly the right to use the streets, alleys and
public ways of said City. And it is also expressly agreed
that the aforesaid annual payment shall be in lieu of any and
all other and additional occupation and easement taxes or
charges (whether levied as an ad valorem, special or other
character of tax or charge) , in lieu of municipal license
and inspection fees, street taxes and street or alley rentals
or charges, and all other and additional municipal taxes,
charges, levies, fees and rentals whatsoever which City may
impose or hereafter be authorized to levy and collect, except-
ing the usual general or special ad valorem taxes, which
City is authorized to levy and impose upon real and personal
property. Should City not have the legal power to agree that
the payment of the foregoing sums of money shall be in lieu
of taxes, licenses, fees, street or alley rentals or charges,
3 1
or occupation and easement taxes or charges aforesaid,
then City agrees that it will apply so much of said sums of
money paid as may be necessary to satisfy Company' s obliga-
tions, if any, to pay any such taxes, licenses, charges, fees,
rentals, occupation or easement taxes or charges.
In order to determine the gross receipts received by Com-
pany from the sale of cablevision equipment and services
(expressly excluding the sales to governmental subscribers)
within the corporate limits of City, Company agrees that on
the same date that payments are made as provided in the pre-
ceding paragraph of the Section 9 , it will file with the
City Clerk a sworn report showing the number of users and sub-
scribers within said city limits for the calendar year pre-
ceding the date of payment. City may, if it sees fit,
have the books and records of Company examined by a representa-
tive of City to ascertain the correctness of the sworn re-
ports agreed to be filed herein.
Receipts from sales to governmental users or subscribers
shall include all those receipts derived from the sale of
cablevision service to Federal, State, County or City govern-
ments or branches and subdivisions thereof, school districts
or other similar districts, it being the intention to
include within the term "governmental users and subscribers"
all tax-supported institutions owned or operated directly or
indirectly by said governments and branches or subdivisions
thereof, such as schools, colleges, hospitals, charitable
institutions, airports, courthouse, city hall and other
institutions of like or similar kind and character.
SECTION 10. All work done in connection with the con-
struction, reconstruction, maintenance, or repair of said
cablevision system shall be subject to and governed by all
laws, rules, and regulations of City now in force, or that
may be hereafter passed and adopted, and which are uniformly
enforced, for the government and regulation thereof, and
not inconsistent herewith.
SECTION 11. The construction, maintenance, and operation
of Company' s cablevision system and all property of Company
subject to this ordinance shall be subject to all lawful
police powers and regulations by the governing body of the
City of Wylie. City shall have the power at any time to order
and require Company to remove and abate any pole, tower,
wire, cable, electronic conductor, or other structure
or facility that is dangerous to life or property and,
in the event Company, after written notice, fails or refuses
to act, City shall have the power to remove or abate the
same at the expense of Company, all without compensation or
liability for damages by City to Company.
SECTION 12 . Should the Federal Communications Commission
(FFC) amend or modify its rules or regulations relating to
local cable television franchises in a manner effecting
this ordinance, such rules and regulations shall be incorpo-
rated into this ordinance as if originally a part hereof and
supercede any inconsistent portions hereof. Company shall
have full right and authority to utilize its cablevision
system in any manner permitted by the FCC, including, but
not limited to lawful business or commercial uses or opera-
3
tions other than the delivery of television signals to sub-
scribers.
SECTION 13. Company agrees that the rights, privileges
and licenses granted hereunder may be assigned by the Company
only with the prior approval of the governing body of the
City. No assignment to any person, firm or corporation shall
be effective until the assignee has filed with the City Secre-
tary an instrument, duly executed, reciting the fact of such
assignment, accepting the terms of this franchise, and agree-
ing to perform all the conditions hereof.
SECTION 14. If any section, sentence, clause, or phrase
of this ordinance is for any reason held to be illegal,
unconstitutional, or in violation of the rules or regulation
of any governmental agency, such invalidity shall not af-
fect the validity of the remaining portions of this
ordinance.
SECTION 15. Company hereby covenants and agrees that it
will commence construction of cable television facilities
within two (2) years of the effective date of this ordinance,
unless it is unreasonably delayed by Federal, State, or
Local authorities or "Acts of God. "
SECTION 16 . Company shall file its written acceptance
of this franchise ordinance within sixty (60) days after its
final passage and approval by said City.
PASSED AND APPROVED on this the llth day of July
1978 .
`14ir
/ ayor
City of Wylie, Texas
ATTEST:
Q-)I1Ja›-CIA_CtCity SecrcoL
ary
Approved as to Form:
j
CLrCy, ttorney
STATE OF TEXAS §
COUNTY OF COLLIN §
I , riek.AJK.iA Fc , Secretary of the City of
Wylie, Collin County, Texas, do hereby certify that the above
and foregoing is a true and correct copy of an ordinance
passed by the City Council of the City of Wylie at its
x_y vje" session held on the j JA day of 9 ", , 1978 ,
as it appears of record in the Minutes of said City Council,
in Book L , page
WITNESS MY HAND AND SEAL OF SAID CITY, this the `/:'
day of , A. D. 1978.
(2)art...La/0-3Lo P9(2, o
Secretary
City of Wylie, Texas
®- 1
79-80-2-26
CERTIFIED RESOLUTIONS OF THE CITY COUNCIL
OF WYI,IE , TEXAS
STATE OF TEXAS S
S
COUNTY OF p 'LLIN S
S
CITY OF WYLIE S
I , Sarah Connelly , City Secretary of the City of
Wylie , Texas do Hereby certify that the following
resolutions have been duly adopted at a duly convened meeting of
the City Council of the City of Wylie Texa:; at which a
quorum was present, and that such resolutions have not been
amended or revoked, and are now in full force and effect :
"WHEREAS, by ordinance number 78-20 ( the "Ordinance") , dated
July 11 , 1978 , the City of Wile Texas (the "City")
granted a non-exclusive right and privilege (the "Franchise") to
Cablevision Equipment Dt.he "Company" ) , to construct , maintain ,
and operate a community antenna television system (the "System")
within the corpnorate limits of the City; i franchise
been assigned to-media SysL ns, Inc. , on Feru which has subsequently
Y�6, 19 and,
"WHEREAS, Media Systems, Inc . , a Texas corporation , as
general partner, has formed or will form a limited partnership
under the provisions of the Texas Uniform Limited Partnership Act
(the "Partnership" ) which will construct, own , maintain , and
operate the System; and
"WHEREAS, in order to obtain financing for the construction
of the System, the Partnership desires to obtain a loan (the
"Loan" ) from Mercantile National Bank at Dallas , a national
banking association (the "Bank") ; and
"WHEREAS , the Bank is only willing to make the Loan if the
Partnership grants to the Bank a security interest in all of the
System, including the rights and Franchise granted to the
grantee by the Ordinance; and
"WHEREAS , the City desires that the System be constructed ;
"NOW, THEREFORE, in consideration of the foregoing , it is
"RESOLVED, that the City approves the assignment of the
Company ' s rights under the Ordinance to the Partnership; and
further
"RESOLVED', that the City approves the collateral assign-
ment of and the grant of a security interest in the Company ' s
rights under the Ordinance, to the Bank by the Partnership;
and further
it 100
"RESOLVED , that the approval of and cane:ent of the City
to the assignment and trans ur to the hank and/or its
successors and assigns , (whether by foreclosure sale , deed
in lieu of foreclosure, or otherwise) , of the Franchise and
all rights of the Company or the Partnership under the
Ordinance upon any default under the Loan or the loan
documents evidencing or securing the Loan , shall not be
unreasonably withheld by the City ; for purposes •hereof ,,
consent and approval shall be "unreasonably withheld" if the
City withholds consent to and approval of an assignment and
transfer to a financially qualified buyer (A) which has a
minimum net worth at least equal to the sum of : (i ) the
remaining unpaid principal balance of all loans to the
Partnership secured by the System; and (ii ) any unpaid
franchise fees under the Ordinance , and (B) which has
operated a community cable television system for not less
than the preceding five (5) years ; and further
• "RESOLVED, that the Mayor or Mayor-Pro Tern of the City
is authorized, on behalf of the City, to execute and deliver
to the Bank the Estoppel Certificate , in substantially the
. form attached hereto as Exhibit "A" ; and further
"RESOLVED, that these Resolutions will not be altered,
amended , or rescinded without the prior written consent of
the Bank.
IN WITNESS WHEREOF, I have duly executed this certificate as
of this 26th day of February 1980 .
i//
` (//./
�.
Secretary
City of Wylie , T • as
•
. .
O_
EXHIBIT "A"
ESTOPPEL. CER'I' I F I CATi.
TO: Mercantile National Bank at Dallas , a national banking
association , ( the " Bank" ) , its successors and a!-( Ign:;
THIS IS TO CERTIFY :
%
1 . That no default has occurred and is cunt inuiuy, under
the terms of Ordinance Number 78-20 ( the "Ordi.n;►nce") of the
City of Wylie , Texas ( the "City") , which grants a non-exclusive
right and privilege (the "Franchise") to Cablevision Equipment
Company ( the "Company") , to construct , maintain , and operate a
community antenna television system ( the "System") within the
corporate limits of the City ; which Franchise has subsequently
been assigned to Media Systems , Inc . , on February 26 , 1980 ;
2 . That the Ordinance has not been amended or altered and
remains in full force and effect ;
3 . That the City approves the assignment by the Company of
its rights under the Ordinance to Media Systems , Ltd . , a limited
partnership ( the "Partnership") to be formed under the provisions
of the Texas Uniform Litmited Partnership Act ;
4 . That the City approves the grant of a security interest
to and the collateral assignment to the Bank of the Company ' s right
under the Ordinance as security for a loan ( the "Loan") to be made
by the Bank to the Partnership for the construction of the System;
5 . That the City will give the Bank reasonable notice of any
d.. fault under the Ordinance , together with the opportunity , but
not the obligation , to cure any such detault whithin a reasonable
time , which shall in nu event be less than 30 days from the date
such notice is given to the Hank ;
6 . That any notice to be given to the, Bank hereunder will be
deemed given when delivered in person or mail , regi :; tered or
certified mail , return receipt requested , postage prepaid , to :
Mercantile National Bank at Dallas
P . 0 . Box 225415
Dallas , Texas; 7526 'i
Attn: Joe Rappeport ;
and
4 y
7 . That this Certificate is given In order to Induce the
Bank to make the Loan and that the City will take no action
which will be in any manner alter or destroy the Bank ' s security
interest in the System or the Franchise , including , but not
limited to , any action which would alter or amend the Ordinance ,
without the prior written consent of the Hank , which consent
shall not be unreasonably withheld , until the Partnership has
paid and performed in full its obligations to the Bank pursuant
to any and all documents executed by the Partnership in connection
with the Loan .
EXECUTED as of this 26th day of February 1980 .
CITY OF WYLIE , TEXAS
B Y : %-cJ r ,/
Mayor
Jr
ORDINANCE 80-1.
AN ORDINANCE AMENDING ORDINANCE NO. 78-20 ;
PROVIDING FOR THE GRANT OF A FRANCHISE TO
MEDIA SYSTEMS, INC . , ITS SUCCESSORS AND
ASSIGNS, TO CONSTRUCT, OPERATE AND MAINTAIN
A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE
CITY AND SETTING FORTH CONDITIONS ACCOMPANYING
THE GRANTING OF THE FRANCHISE; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS :
For the purposes of this ordinance , the following
terms, phrases, words and their derivations shall have the
meaning given herein. When not inconsistent with the context,
words used in the present tense include the future, words in
the plural number includes the singular number, and words in
the singular number include the plural number.
(a) City is the City of Wylie , Texas .
(b) Council is the City Council of Wylie, Texas .
(c) Community antenna television system or CATV
system, whenever used in this ordinance, shall
mean a system for the interception, receipt, sale,
transmission and distribution of television and
radio signals .
(d) Grantee is Media Systems , Inc. , or anyone who
.'succeeds in accordance with the provisions of this
franchise. Grantee is also referred to herein as
Company .
(e) Person is any person, firm, partnership,
association, corporation or organization of any
kind.
agMLOISIM. There is hereby granted to Media Systems ,
Inc. hereinafter called "Grantee" , kg
�`'"`
*arye,Urirfroill7ttid7frect.l.vcI4-4t:e_ol_jhAsLoydipancq, the
right and privilege to construct, erect , maintain and operate
towers, poles, wires, anchors, cables , manholes , conduits ,
and other electronic equipment along, across, on, over,
y
• �. 10
through, above and under the public streets , avenues , alleys ,
roads and highways and other public places of the City, for
the purpose of operating a community antenna television
system to the extent that the City may lawfully permit the
use of the above described properties for the purposes
enumberated. This grant is further made subject to the
right of the City to cancel the grant and permit in the
event of violation by the Grantee herein of any of the terms
and provisions of this Ordinance or in the event said Grantee
herein fails to complete, keep and perform any of the terms
and provisions of this ordinance.
SECTION 3: The Grantee must have begun construction on
the community antenna television system on or before July 11 ,
1980 and must have customer service available within 6 months
from that date ; otherwise this ordinance shall be null and
void.
SECTION 4 : In order to protect the City from any
damage to any public streets , avenues , alleys, roads and
highways, and other places of the City resulting from the
installation by the Grantee of any towers , poles , wires ,
anchor, cables p . .ole , conduits and other e u i ment
the � .:1. = �..,� - P
' ,� 9u3 s an mom•any,: or: ;Comps les er loann n—?
_CI4 • . �"•Tr�l:lti`� iTr �� T� irlo
ern.,,t�l ve o s
3 �-.. ?., , _ . �De • , •e .'�fi jd
x' ts� .``the_commencemen
SECTION 5: The services furnished by the Grantee shall
be first class services and the same shall be furnished to
each person within the City, within reasonable reach of its
facilities and within reasonable time after demand for such
service has been made, upon equal and exact terms for the
same class of service.
SECTION 6 : The Grantee shall comply with all rules and
regulations now in force or which may hereinafter be put
into force. with respect to proper installation and construction
of lines, cables, wiring and other electronic equipment
-authorized by this permit and grant.
The Grantee shall use only new cables and equipment
with such shielding and protective devices as may be necessary
to insure the best possible service and with the least
possible interference. The Grantee shall , at its own cost
and expense, move its lines , cables , wiring, towers and
other appurtenances to other locations when the City through
its authorities, may require such removal for the safety and
convenience of said City and other franchise holders and
inhabitants affected thereby, or when it is deemed necessary
by City to widen, relocate, reconstruct or improve a street,
way or public place. In those areas where telephone and
electric service lines are underground, the Grantee shall
place its cables and service lines underground. In the
•
41
event the Grantee, after notice, fails or refuses to act ,
the City shall have the power to remove or abate the same at
the expense of the Grantee, all without compensation or
liability for damages from the City to the Grantee .
SECTION 7 : All installations made by the Grantee shall
be made in good, substantial and safe condition and shall be
maintained in such condition at all times . The Grantee
shall make no excavations in the streets , alleys , or other
public places without first obtaining a written permit from
the City or its agent or representatives . The surface of
any street, alley or other public place disturbed by the
Grantee in constructing, erecting, maintaining,or repairing its system shall be restored immediately dbynthe
Grantee after completion of the work to as
con
as before the commencement of the work, and gsuchooasurfacelon
shall be maintained at the cost of the Grantee to the satisfaction
of the City for a period of one (1) year from the date such
surface of said street, alley or public place is broken or
excavated for such construction or maintenance work , after
which time responsibility for the normal maintenance of such
surface shall become the duty of the City .
SECTION 8 : The Grantee shall , at all times during the
existence of this franchise , carry and require its contractors
to carry insurance as follows :
(a) Worker ' s Compensation Insurance in accordance
with the Laws of the State of Texas .
(b) Public Liability Insurance, with limits in
the amount of $100, 000 . 00 for each person, $500 , 000 . 00
for each accident, and $100, 000 . 00 property damage
liability. In case the City is impleaded in any suit
by reason of any alleged accident or omission of the
Grantee, its successors or assigns, the City shall be
entitled to judgment over and against the Grantee, its
successors or assigns , in such amount as may be obtained
against the City, by reason thereof, provided due
written Notice is given the Grantee, its successors or
ssigns, on the filing of said suit, so that proper
defense may be made to said action or suit .
(c) The Grantee shall defend the City against all
lawful claims for injury to any person or property
caused by the negligence of the Grantee in the
• construction or operation of its property, and in
the event of a determination of liability shall
indemnify the City; more particularly the Grantee
herein, its successors and assigns , does hereby agree
to indemnify and hold harmless the City from any and
•
all liability, claim, demand or judgment growing out
of any injury to any person or property as a result
of the violation or failure on the part of the Grantee,
its successors and assigns, to observe their proper
duty or because of negligence in whole or in part
arising out of construction, repair, extension,
maintenance, or operation of its equipment of any
kind or character used in connection with this
franchise.
w jj//
�EGi ;�� t�'tee h a T=' �fia y the try n Kanblial
s hge erceni 3%4 of s.�r-,oss eipt-r eceived .
ky,,- h. Gran; lard.iTCCo-1lectic�oa _for_Tliasic=-service
from said community antenna television system in said City .
The said gross receipts shall' be computed annually and
amounts due to the City shall be paid on or before the 15th
day of January, provided, however, that the final payment to
the City after the termination of this franchise shall be
made within fifteen (15) days after the date of said termination .
The City shall have the right and privilege by and through
its auditor or other persons designated by it to freely
examine the books, vouchers, and records of the Grantee, its
successors or assigns, during normal business hours , in
order to determine the amount to be paid to the City under
the provisions of this ordinance. In the event the City
shall grant an option to renew or extend this franchise as
provided in Section 18 (b) , the percentage of gross receipts
payable hereunder may be renegotiated between City and
Grantee.
SECTION 10 : (a) Grantee shall furnish reasonably
adequate service to the public at reasonable and
charges *tt4V4. o .t bji °the bmp
ir
. r. 1.G J. "ii' •T S. A'.
.SY E 't6t bh.' }f+ S %i 1} .a.� Y t!•'T- i�6i..t1 ..�. ..T _
A C �
:
ny. an•e. ar•a•* • ►
. . <:•Y .a ct- -e4.4
•
ervipes:;$
rs.•: 47r^ r - s ins a"1'ta`tIIori Beet
e n ,
. :� e _ s on-servic =- rem
w.=x_trasets 'two•-waW
titla ' •»•_.cAn,y ,,orh-e 'nc1�1 3a ry: p
otlong offered in
t e- u ure paid for in addition to basic service, provided
such options do not involve the use of the City property to
install and maintain such optional equipment or service .
(b) The Grantee shall not, as to rates , charges , service
facilities rules, regulations or in any other respect, make
or grant any preference or advantage to any person nor subject
any person to any prejudice or disadvantage, provided that
nothing in this contract shall be deemed to prohibit the
establishment of a graduated scale of charges and classified
rate schedules to which any customer coming within such
classification would be entitled.
,,0 . The proposed initial rates and charges for customer
service a e set forth i 'gxhaitg '"Nr attached hereto.
SECTION 11 : The Grantee shall furnish those channels
reserved for education and public use free of charge to all
public schools as well as public buildings and facilities in
the City. Major trunk and distribution cables will be routed
near these installations, where possible, or where the cable
system is in the area, feeder lines will be extended to a
service point outside the school or public building. All
attachments to schools and public buildings and facilities shall
be at the Grantee's expense, but distribution of the system
within these buildings shall be at the expense of the schools
or responsible public agencies . It is further understood that
•
service to schools and public buildings and facilities will be
supplied. in a logical extension of the system into each area
rather than construction specifically serving a school , because
of the cost and extended time required to build a complete
system.
The Grantee shall , as requested by the City in each specific
instance, provide the use of one or more video and/or audio
channel (s) to permit fire, police, civil defense and
municipal authorities to make official public service and
emergency announcements and programs . Such TV camera equipment,
microphone (s) and other essential program origination equipment,
if any, shall be maintained at the Grantee 's control center or
head-end, and such tech 4ci
r - 1 ans w::c are r�ormall ., ,.,
•
The system shall be constructed to provide for an all
channel audio override by the emergency - public service channel .
SECTION 12 : In addition to the channels above provided,
the Grantee shall to the extent permitted by law provide the
following services :
(a) Provide two-way system capability;
.(gr-b) r *0 81 na 4 an te casts or i, a '_n'1l •rd1ng educational- and governmental access ss
(c) Distribute and provide a channel for local use,
local information, local weather, and time;
(d) arm n"'1,a. . t
, n e�s `s._;_own_.on the:a tacked _ --"jr
,.
lOWJWAUWJMUF
(e) y � sl al e'AYnterc_onriec ab e_iiia ottre i11s
(f) The system will be built to provide for carriage of
maximum of 35 channels; a
(g) Grantee shall at all times maintain in the City a
sufficiently competent staff to adequately service all of
its equipment in use during all hours of telecast
distribution.
Said office is to be open during
g
normal business hours and have a telephone with public
listing for' r-`eeefr complaints and so operated that
complaints and requests for repairs or adjustments
maybe received on a 24-hour basis.
SECTION 13: Grantee shall file a complete system map with
the Director o Public Works of the City of Wylie, Texas ,
updated every year showing location of the Grantee 's facilities
within the City.
SECTION 14 •
• hzan„ a h y x ,
. dn 8q annual . Provide. t eCit , a cPY o •ts_
basis when said audit is .. eceved; ";f
J 4/
•
41
SECTION 15 : The Grantee shall , at all times during the
life of this franchise be subject to all lawful exercise of
the police power by the City and obey all lawful exercise of
the police power by the City and obey all ordinances related
thereto. Grantee shall maintain and operate the CATV system
according to all pertinent rules and regulations of the
Federal Regulatory Commission or agency having jurisdiction
in respect to any matters affecting CATV operations authorized
pursuant to this franchise.
SECTION 16 : The Grantee is expressly prohibited from
entering into any service or sales contract with any residential
subscriber for the repair or sale of television receivers .
SECTION 17 : This franchise is not exclusive and nothing
herein contained shall be construed to prevent the City from
granting any other like privilege to any other person.
SECTION 18 : At the expiration of the term for which
this franchise is granted, or upon its termination and
cancellation, as provided herein, the City shall have the
right to exercise one of the following options :
(a) Require the Grantee to remove at its expense
all portions of the CATV System from all public ways
within the City to be completed within one (1)
year after said termination or cancellation.
(b) If notice is given to City within six (6)
months of the end of the initial 15-year term or
additional terms hereof, grant the Grantee an
option to continue an additional ten (10) years
under this franchise, provided City determines
after public hearing that Grantee' s service has
been adequate.
In the event that the City refuses to give Grantee the
option referred to in sub-paragraph (b) above, and Grantee
obtains an offer from a third party to purchase said CATV
System, the City shall have the first right to purchase said
CATV Systeip upon the same terms and conditions and for the
same consideration that the Grantee received in the offer
-from the third party. Such first right of purchase shall be
exercised by the City within ninety (90) days from the date
of written notification from Grantee of the proposed purchase
by a said third party.
SECTION 19 : The Grantee shall have the authority to
trim trees upon and overhanging streets , alleys, sidewalks ,
easements and public ways and places of the City so as to
prevent the branches of such trees from coming in contact
with the wires and cables of the Grantee .
SECTION 20 : Upon termination of service to any subscriber,
the Grantee shall promptly remove all its facilities and
equipment from the interior of the residence located on the
premises of such subscriber upon his request, without cost
to the subscriber, repairing any damage that may be done.
3-7)
® I
SCHEDULE "A"
BASIC SERVICE PREWIRED
NOtJ-PREWIRED
Installation charge-first outlet:
Aerial
Underground 15.00 25.00
35.00 45.00
Installation charge-additional
outlets at time of initial installation 10.00 ea.
10.00 ea.
Installation charge-additional
outlets after initial installation 15.00 ea.
15.00 ea.
41i z'ter"' :00.1 8.00
risqtriiistaiersargeinua
r 3.00
Monthly charge for each additional
. "FM" outlet 1.00
1.00
OPTIONAL, SERVICE
Installation charge-first outlet 15.00
15.00
Monthly charge for home Box Office 10.00 10.00
Monthly charge for Second Preniun 8.00
8.00
•
1 i
41
SCHEDULE "B"
BASIC SERVICE
FDFW-TV, Dallas-Ft. Worth
KXAS-TV, Dallas-Ft. Worth
KXTX-TV, Dallas-Ft. Worth
WFAA-TV, Dallas-Ft. Worth
KTVT-TV, Dallas-Ft. Worth
KERA-TV, Dallas-Ft. Worth
C-SPAN Public Affairs, Washington D.C.
WGN-TV, Chicago, Illinois
WTBC, Atlanta, Georgia
Newstime Picture Service, Atlanta, Georgia
Vocal Weather-Meessa es-NOAA Forecast
adS'F"°yr$-n' 'r� ca���/�crrd1 to agA e7
t p OWO d_rari
Full FM Band Coverage
Local Religious Channel
an dap
oca Access Channe
City Channel
School Channel
x 'tesa dve:. .
a ison Square Garden/Calliope, N. Y. , N.Y.
OPTIONAL SERVICE
Home 'Box Office Pay Movie/Marquee, N. Y. , N.Y.
♦ Second Premium-undetermined
LIMITED ACCESS SERVICE
Medical Limited Access
Legal Limited Access
Educational Limited Access
Reserved Educational - 4 channels
Reserved Future Use - 2 channels
i
II I
SECTION 21 : The Grantee shall insure that all subscribers
have recourse to a satisfactory hearing of any complaint
made of its services. The City shall work closely with the
Grantee and subscribers to establish procedures for handling
and settling of subscriber complaints . Information pertaining
to these rules', regulations and procedures shall be provided
to all subscribers at least once a year for the term of this
franchise.
SECTION 22 : The Grantee shall pay the City all costs
of adopting this ordinance.
•
SECTION 23: . ,The Grantee shall not sell or transfer any
right or privilege under this franchise to another except
"with the written approval of the Council at Council ' s sole,
and complete discretion, nor shall Grantee lease more than
301Cof its charm a to any one operator or group of
operators without such written permission.
SECTION 24 : Grantee shall have thirty (30) days after
final passage of this ordinance in which to file its written
acceptance thereon with the governing body of the City .
SECTION 25: This ordinance shall become in full force and
effect after the same has been passed and accepted .
SECTION 26 : It is further provided that in case a
section, clause, sentence or part of this ordinance shall be
deemed or adjudged by a Court of competent jurisdiction to
be invalid, then such invalidity shall not affect, impair or
invalidate the remainder of this ordinance.
SECTION 27: All ordinances, or parts of ordinances in
conflict herewith are specifically repealed.
PASSED AND APPROVED in Special Council Session on this
the 26th day of February, 1980.
...
CITY OF WYLIE, TEXAS
,;4
Mayor
ATTEST:
/ _.1
% / ," '
. ity Secretary
ORDINANCE NO.
AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE
CITY OF WYLIE, TEXAS FOR THE YEAR 1987 , UPON ALL TAXABLE
PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF
PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR
ENDING SEPTEMBER 30, 1988 , AND THE FURTHER PURPOSE OF
CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST
OF THE BONDED INDEBTEDNESS OF SAID CITY: PROVIDING FOR A
LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF
TAXES DUE THEREON: PROVIDING THAT IN THE EVENT ANY
PROVISIONS OF THIS ORDINANCE BE HELD UNCONSTITUTIONAL AND
THAT SUCH HOLDING SHALL NOT AFFECT THE REMAINING PROVISIONS
THEREOF: REPEALING ALL ORDINANCES AND PARTS THEREOF IN
CONFLICT HEREWITH AND PROVIDING FOR PUBLICATION.
WHEREAS, and election was held on January 16 , 1988 in the
City of Wylie, Texas to repeal the tax increase set forth in
ordinance 87-50 , and
WHEREAS, the results of the election was for a rollback of
the tax rate set on September 22 , 1987 to a total rate of
Fifty ( .50) cents on each One Hundred ($100 .00 ) Dollars of
assessed valuation on all said property in City,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 . There is hereby levied for the fiscal year 1987
upon all real property situated within the corporate limits
of said City of Wylie, Texas , and upon all personal property
which was owned within the corporate limits of said City of
Wylie, Texas , on the 1st day of January, A.D. 1987 , except
so much thereof as may be exempt by the Constitution of laws
of the State of Texas, a total tax of Fifty Cents (0 .50) , on
each One Hundred ($100 .00) Dollars of assessed valuation on
all of said property which said total tax here now levied as
aforesaid is respectively as follows:
SECTION 2 . An ad valorem tax of and at the rate of Fifty
Cents ( .4105) on each One Hundred ($100 .00) Dollars of
assessed valuation of said taxable property is hereby levied
for the year 1987 , for the general city purposes and to pay
the current operating expenses of said City of Wylie , Texas,
for the fiscal year ending September 30, 1988 , which tax ,
when collected shall be appropriated to and for the credit
of the General Fund of said City of Wylie, Texas .
SECTION 3 . An ad valorem tax of and at the rate of Nine
cents (0 .0895) on each One Hundred ($100 .00 ) Dollars of
assessed valuation of said taxable property is hereby levied
for the year of 1987 , for the purpose of creating an
Interest and Sinking Fund with which to pay the interest and
retire the principal of the valid bonded indebtedness ,
capital lease payments , and related fees of the City of
Wylie, Texas , now outstanding, and such tax when collected
shall be appropriated and deposited in and to the credit of
the Interest and Sinking Fund of the said City of Wylie,
Texas for the fiscal year ending September 30 , 1988 .
SECTION 4 . The City of Wylie shall have a lien on all
taxable property located in the City of Wylie to secure the
payment of taxes , penalty interest, and all costs of
collection , assessed , and levied hereby.
SECTION 5 . Taxes are payable in Wylie, Texas at the Office
of the Tax-Assessor Collector , Finance Department, City
Hall . The City shall have available all the rights and
remedies provided by law for the enforcement of the
collection of taxes levied under this ordinance.
5
SECTION 6 . That the tax roll presented to the City Council ,
together with any supplements thereto, be and same are
hereby accepted . (See attachment A)
SECTION 7 . In the event any provision of this Ordinance
shall be held unconstitutional and invalid by a court of
competent jurisdiction, the same shall not affect the
remaining provisions thereof .
SECTION 8 . All Ordinances and part thereof in conflict with
any of the provisions of this Oridnance are hereby
expressively thereof .
SECTION 9 . The caption of this ordinance to be published
one time in a newpaper having general circulation in the
City of Wylie, Texas, and to become effective immediately
upon its passage and publication .
PASSED AND APPROVED, and ordered published by the City
Council of the City of Wylie, Texas this the 26th day of
January, 1988 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
5 6
I I J 1 1 1
SECTION 7 . In the event any provision of this Ordinance
shall be held unconstitutional and invalid by a court of
competent jurisdiction , the same shall not affect the
remaining provisions thereof .
SECTION 8 . All Ordinances and part thereof in conflict with
any of the provisions of this Ordinance are hereby
expressively thereof .
SECTION 9 . The caption of this ordinance to be published
one time in a newspaper having general circulation in the
City of Wylie , Texas , and to become effective immediately
upon its passage and publication . Yam.
•
PASSED AND APPROVED, and ordered published by /„t City
Council of the City of Wylie, Texas this the day of
Ja4)114/2y, ,s 24),
•
GChuck Trimble, Mayor
ATTEST: F
r���i.
C
CarolpyJones, City Secretary=
IF
SEAL
��
5
iy
4k' ��'t I E. TE�`PS
54
RESOLUTION
WHEREAS, the City of Wylie and Lifeline Christian Care
Ambulances , Inc . (Lifeline) entered into a contract on
December 15, 1987 for emergency ambulance services for the
city; and
WHEREAS, police dispatch and patrol services will be moving
in the next few days into the new municipal complex located
at 2000 Hwy 78 N, and
WHEREAS, Lifeline wishes to lease from the City certain real
property and improvements at the new municipal complex for
operation of its emergency medical services for the City,
and
WHEREAS, Lifeline proposes to enter into a formal written
agreement that sets out the terms and conditions of leasing
Room #104 , approximately 300 square feet at $10 .19 per
square foot for a period of one year , and
WHEREAS, it is the desire of the city staff to proceed with
the lease agreement and allow Lifeline to move into the new
facilities within the next seven (7) days ,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
(1) That the city manager shall proceed with drawing
up a written lease agreement between the City of
Wylie (City) and Lifeline Christian Care
Ambulances, Inc. (Lifeline) for their usage of
Room 104 at $10 .19 per square foot (excluding
phone) for a period of one (1) year .
(2) That Lifeline be allowed to move into the new
municipal complex and operate its emergency
medical services for the city from this facility
pending approval and execution of the contract by
both parties .
Duly Passed by the City Council of the City of Wylie, Texas
on the 26th day of January, 1988 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones , City Secretary
Staff Report to Mayor and City Council
DATE: SUBJECT: Lake Ray Hubbard Mobile Home Park NO: r/
1-21-88 Sanitary Sewer Force Main System
The above referenced project' s construction plans including
the Lift Station details and specifications, have been
presented and adjusted in accordance with the recommendations
of the City of Wylie and CH2M Hill. Attached you will find
CH2M Hill' s comments on both the lift station and the force
main system. I feel confident that the City of Wylie can
expect to receive a reliable product with the plans and
specifications presented.
The construction permits for FM Highway 544 and County Road
382 (Stone Rd. ) have been secured for this project. The
Developmental Inspection Fee (which needs to be substantiated
by a copy of an engineering estimate or a signed contract ) has
not been paid at this time. A copy of an engineered trench
safety plan for all of the project has not been submitted to
my office at this time either, but it does not become critical
until the construction is initiated.
In light of the recent amendment to the Subdivision Ordinance,
which requires the contractor to secure a performance and
payment bond for each and every project within the City of
Wylie, I feel that we should apply the ordinance to this
project.
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
- Ron Homeyer
FOR ADD.INFO. CONTACT: OTHER:
Ron Homeyer
CITY OF WYLIE
108 S_JACKSON ST. — P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236
January 8. 1988
Mr . Roger Finholt
Bit D Construction
1115 Luke St.
I rving. Texas 75061
RE: Lake Ray Hubbard Mobile Home Park
Sanitary Sewer Lift Station and Force Main
Dear Mr . Finholt :
As of this date I have not received any revised information
on the proposed lift station from Pierce Pump Co. in
response to the letter dated December 22. 1987 from CH2M
Hill . For that reason. I am unable to place this item on
the January 12. 1988 Council Agenda.
Transmitted herewith is a copy of the CH2M Hill letter dated
December 31 . 1987 which addresses the revised construction
clans for the force main. Please review these additional
comments and correct the plans accordingly.
If I can be of further assistance. please feel free to call
me at 442-2236.
Sincerely.
Ron Homeyer. P.E.
Asst. City Engineer
RH/rh
enc.
cc : Mr . Wayne Barr . Hamill /McKinney
Mr. John,Pitstick. City Manager
City Council
11111111
Engineers
1111.11111 Planners
CHMHILL Economists
NMI Scientists
December 31 , 1987
TX21259.B0. 20
Mr. Ron Homeyer
City Engineer
City of Wylie
P.O. Box 428
Wylie, TX 75098
Dear Mr. Homeyer:
Subject: Lake Ray Hubbard Mobile Home Park Wastewater
Service Force Main and Gravity Sewer System
Review
We have reviewed the revised plans submitted to us on the
above referenced project, dated December 22 , 1987 . It
appears that the drawings now address some of our earlier
comments , but the entire project is still missing other
information. The following comments summarize our review of
the project from the data supplied.
LIFT STATION
The submitted drawings still have no more details on the
lift station than the earlier drawings. Therefore, the com-
ments in our letter dated December 10 , 1987 still apply.
FORCE MAIN AND GRAVITY SEWER SYSTEM
The following comments and recommendations summarize our
review of the drawings of the force main and gravity sewer
system:
1 . The drawings now address pipe material type and
class and include a test pressure for acceptance
testing of all pipes. These appear appropriate
for this application.
2 . Specifications regarding pipe bedding and pipe
zone material are also addressed now and appear
appropriate.
CH2M HILL Dallas/Fort Worth Office 5339 Alpha Rood,Suite 300. Dallas. Texas 75240 214.980.2170
Metro:263.9476
Mr. Ron Homeyer
Page 2
December 31 , 1987
TX21259 .B0. 20
3 . Details of fitting restraint such as thrust block-
ing or restrained joints should be included. The
drawings now state that 3 ,000 psi concrete will be
used at all vertical bends, but no details are
provided to show how much concrete should be pro-
vided or how it should be placed. It should also
be noted that thrust blocks are necessary at all
horizontal bends.
4 . The drawings need to show the force main angle at
Station 6+35 .
5. From Station 39+25 to Station 58+75, the force
main is 5 feet from a 12-inch water line. If the
force main was moved to 10 feet from the water
line , the force main could be laid shallower.
This could help eliminate the flat slope from Sta-
tion 52+00 to Station 59+00 .
6 . Air relief valves are now provided at all high
points in the force main and blow-off valves are
provided at all low points. However, the drawings
just use the wording provided in our December 10 ,
1987 letter to "specify" these assemblies. The
Engineer should specify the manufacturer and type
of valves to be used, and provide details for the
installation of the entire assembly including
access manholes , etc.
7. Discharge to the gravity system should be at the
highest point in the line. As designed, the dis-
charge is 2 feet below the force main high point
at Station 98+00 . This will allow the force main
to partially drain at pump shutoff. This condi-
tion needs to be evaluated further to ensure the
pumps stay on their operating curve, and a vacuum
does not occur in the line which might collapse or
damage the pipeline.
8. The drawings now state:
"The Contractor shall perform no trenching in
excess of 5 ' -0" in depth until such time as the
Owner furnishes to the Contractor detailed plans
and specifications for trench safety systems
Mr. Ron Homeyer
Page 3
December 31 , 1987
TX21259 .BO. 20
conforming to OSHA Requirements prepared by the
Owner' s special consultant. "
Since the drawings now show much of the pipeline
to be deeper than 5' -0" , why not provide these
details now? We are not sure that the statement
included on the Drawings meets the intent of the
new Trench Safety Law.
If we can be of any further service to you on this project,
please let us know.
Sincerely,
77./KZ:Ze-14--)
Robert J. Morrison, P.E.
Project Manager
cls/DFW29/029
cc: Mr. John Pitstick/Wylie City Manager
2
1
2
Engineers
® Planners
CHA HILL Economists
® Scientists
December 31 , 1987
TX21259 .BO. 20
Mr. Ron Horn: er
City Eng ' eer
City • Wylie
P.O Box 428
• ie, TX 75098
Dear Mr. Homeyer:
Subject: Lake Ray Hubbard Mobile Home Park Wastewater
Service Force Main and Gravity Sewer System
Review
We have reviewed the revised plans submitted to us on the
above referenced project, dated December 22 , 1987 . It
appears that the drawings now address some of our earlier
comments , but the entire project is still missing other
information. The following comments summarize our review of
the project from the data supplied.
LIFT STATION
The submitted drawings still have no more details on the
lift station than the earlier drawings. Therefore, the com-
ments in our letter dated December 10 , 1987 still apply.
FORCE MAIN AND GRAVITY SEWER SYSTEM
The following comments and recommendations summarize our
review of the drawings of the force main and gravity sewer
system:
1 . The drawings now address pipe material type and
class and include a test pressure for acceptance
testing of all pipes. These appear appropriate
for this application.
2 . Specifications regarding pipe bedding and pipe
zone material are also addressed now and appear
appropriate.
CH2M HILL Dollos/Fort Worth Office 5339 Alpha Rood. Suite 300, Dallas, Texas 75240 214 980.2170
Metro:263.947o
Mr. Ron Homeyer
Page 2
December 31 , 1987
TX21259.BO. 20
3 . Details of fitting restraint such as thrust block-
ing or restrained joints should be included. The
drawings now state that 3 ,000 psi concrete will be
used at all vertical bends , but no details are
provided to show how much concrete should be pro-
vided or how it should be placed. It should also
be noted that thrust blocks are necessary at all
horizontal bends.
4 . The drawings need to show the force main angle at
Station 6+35 .
5 . From Station 39+25 to Station 58+75 , the force
main is 5 feet from a 12-inch water line. If the
force main was moved to 10 feet from the water
line , the force main could be laid -shallower.
This could help eliminate the flat slope from Sta-
tion 52+00 to Station 59+00 .
6 . Air relief valves are now provided at all high
points in the force main and blow-off valves are
provided at all low points. However, the drawings
just use the wording provided in our December 10 ,
1987 letter to "specify" these assemblies . The
Engineer should specify the manufacturer and type
of valves to be used, and provide details for the
installation of the entire assembly including
access manholes , etc.
7 . Discharge to the gravity system should be at the
highest point in the line. As designed, the dis-
charge is 2 feet below the force main high point
at Station 98+00 . This will allow the force main
to partially drain at pump shutoff. This condi-
tion needs to be evaluated further to ensure the
pumps stay on their operating curve, and a vacuum
does not occur in the line which might collapse or
damage the pipeline.
8. The drawings now state:
"The Contractor shall perform no trenching in
excess of 5 ' -0" in depth until such time as the
Owner furnishes to the Contractor detailed plans
and specifications for trench safety systems
Mr. Ron Homeyer
Page 3
December 31 , 1987
TX21259 .B0. 20
conforming to OSHA Requirements prepared by the
Owner ' s special consultant. "
Since the drawings now show much of the pipeline
to be deeper than 5 ' -0" , why not provide these
details now? We are not sure that the statement
included on the Drawings meets the intent of the
new Trench Safety Law.
If we can be of any further service to you on this project,
please let us know.
Sincerely,
A77"(W/ /e
Robert J. Morrison, P. E.
Project Manager
cl /DFW29/029
cc: Mr. John Pitstick/Wylie City Manager
f
Engineers
1111111111 Planners
Cl13MHIfl Economists
1111111111 Scientists
January 15, 1988
TX21259 .B0. 20
Mr. Ron Homeyer
City Engineer
City of Wylie
P.O. Box 428
Wylie, TX 75098
Dear Mr. Homeyer:
Subject: Lake Ray Hubbard Mobile Home Park Wastewater
Service Force Main and Gravity Sewer System Review
We have reviewed the pump and lift station information you
forwarded to us on the above referenced subject. This
letter summarizes our review.
The pump data supplied indicates that the use of Hydromatic
Model S4LRC/S4LVX non-clog submersible sewage pumps with
15 horsepower motors is proposed. The indicated flow and
static head at design conditions is 200 gpm at 80 feet of
total head. In general, we have no problems with this type
of pump. However, we have the following concerns about this
specific pump selection:
1 . The motor horsepower should be increased to at least
25 horsepower if this pump is to be used. It is good
practice to always ensure that the pump motor
horsepower is never exceeded at any point on the pump
capacity--head curve. This minimizes the chances of
burning motors should any unforeseen flow condition
occur.
2 . The pump will be operating at the low end of its
capacity--head curve, which will result in a very low
efficiency of about 32 percent. A different pump
selection should be possible with efficiencies in the
range p f at least 50 percent. The higher efficiency
would '.allow the use of a smaller horsepower motor,
resulting in lower capital and O&M costs.
I
CH2M HILL Dallas/Iort Worth Office 5339 Alpha Rood,Suite 300, Dallas, Texas 75240 214.980.2170
Metro:263.9476
Mr. Ron Homeyer
Page 2
January 15, 1988
TX21259.B0. 20
3 . Our calculations indicate that the proposed pump
selection will provide about 175 gpm at 79 feet of
head. This meets the minimum recommended flow
criterion. However, because the pump will be operating
on the low end of its curve, there will be very little
increase in flow provided if both pumps operate at the
same time. Our analysis indicates that two pumps
together will only provide about 190 gpm and each pump
will be operating at an efficiency of only about
20 percent.
No specific details have been provided on the lift station
at this time. The pump information package shows two
general layout drawings. We would recommend that a layout
similar to "Duplex PRVO, Bulletin S-608" with all valves in
a separate valve box be incorporated into the final design.
We also recommend that the following information or details
be provided in the final design:
1 . Structural details of the lift station showing
dimensions of inside diameter and depth.
2 . Flow level settings for pump control in the wet well.
3 . Invert elevation of the influent pipe.
4 . Piping and valving between the pumps and the force main
with a separate valve box.
5. Electrical and control panel details.
6 . Emergency power supply provisions and alarm system for
pump failure.
If we can be of any further service to you on this project,
please let us know.
Sincerely,
Robert J. Mprrison, P.E.
Project Manager
das/DFW29/034
cc: Mr. John Pitstick/Wylie City Manager
r ;
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S4LRGJS4LVX—MAX. SOLIDS 31/4 " SPHERE-1750 RPM I SNP
TOTAL j i I I 1 I SHADED AREA
HEAD I 1I . I ; Top LIne—The curves reflect maximum performance
IN I i characteristics of pumps, without exceeding motor
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