12-08-1992 (City Council) Agenda Packet AGENDA
WYLIE crrY COUNCIL
PRE-COUNCIL MEETING WORKSESSION
DECEMBER 8, 1992
6:00 P.M.
MUNICIPAL COMPLEX
Call to Order
Discussion of Agenda Items
Adjournment
Mary A. Ni ols Ci Secretary
Posted /?/7 , 1992 at 500 P.M.
AGENDA
WYLIE CITY COUNCIL
DECEMBER 8, 1992
7:00 P.M.
MUNICIPAL COMPLEX
Call to Order
Invocation
Pledge of Allegiance
Presentations
Consent Agenda
1. Consider Approval of the Minutes of November 10 and November 17th, 1992
2. Consider Approval of a Resolution Declaring National Drunk and Drugged
Driving Month
Action Items
3. Discuss and Consider Contract Renewal with Cigna for Health Care Services
4. Disc1m and Consider Award of Contract for Ambulance Service
S. Discuss and Consider Approval of an Ordinance Amending Regulations
Regarding High Weeds, Grass & Rubbish
6. Discuss and Consider Authorization of Payment to Randall &Blake, Inc.for
Service Related to Landfill Closure
7. Discuss and Consider Approval of Settlement Offer from Wylie Northeast
Water Supply Corporation
Staff Reports
g'i7. City Manager's Reporti?!" i+2r' lit.
r
t ° L, `i7-
4 •8' City Engineer's Report
/bX City Attorney's Report
Page 1 of 2
Citizen Participation
Executive Session
j( Ie. Hold Executive Session Under Article 6252-17 VAC.S. to Discuss Litigation:
James Johnson vs. City of Wylie
Don White vs. City of Wylie
Wylie Northeast Water Supply Corp
rl' Reconvene Into Regular Session and Take Any Necessary Action Related to
Litigation:
James Johnson vs. City of Wylie
Don White vs. City of Wylie
Wylie Northeast Water Supply Corp
Adjournment /
tf2.4)
Mary Ni , CitySecreta
ry
Posted ' , 1992 at 5 APP.M.
Atu fte,
Gv-ctiee./eio-td as.- 4- a.
MINUTES OF THE WYLIE CITY COUNCIL
November 10, 1992
CALL TO ORDER
5
Mayor John Akin called the meeting to order with the following Councilmembers
present: Jim Swartz, Reta Allen, Jay Davis, Ortie Messenger,Steve Wright,and Bud Naish.
No Councilmembers were absent.
10 RESOLUTION NO.92-14 URGING THE TEXAS AIR CONTROL BOARD TO EXPEDITE
THE PERMIT APPLICATION FOR AMERICAN MOLDS
Mayor Akin read aloud the resolution. Davis made a motion to approve the
resolution. Swartz seconded the motion. The motion was voted on and passed
15 unanimously.
APPOINTMENT WITH RESIDENTS OF NEWPORT HARBOR REGARDING UTILITIES
Ron Bouchard, Greg Gells, and David Parish presented a petition on behalf of 22
- 20 Newport Harbor residents requesting the following:
1. An independent water quality test and written results
2. Answer to allegation that air is running through the water lines
causing high water bills
25 3. Explanation of City's short, mid and long term plans to upgrade the
water service
4. Demonstration of fire hydrant pressure in neighborhood
5. Copy of Minutes of October 27, 1992
30 Council answered questions of the Newport Harbor residents regarding City requirements
upon the development of the subdivision. Bouchard, Gells and Parish agreed to meet with
the City Manager and representatives from the engineering firm.of Freeman-Millican, Inc.
to discuss status of improvements, answer questions, and study various options.
35 PROPERTY TAX OVERPAYMENT REFUND
Swartz made a motion to authorize payment to Percy Simmons of property taxes paid
in duplicate. Allen seconded the motion. The motion was voted on and passed
unanimously.
40
CONTRACT FOR AMBULANCE SERVICE
City Manager Steve Norwood and Director of Finance Brady Snellgrove outlined the
provisions of contract proposed as it compared to the request for proposals. Bill Woodruff
1
45 and Tommy Crevance representing A-1 Ambulance, the only accepted bidder, were present
to address Council's questions regarding Workers Compensation, variations from
specifications, compliance with OSHA requirements, and the base rate charged. After
lengthy discussion, Naish made a motion to reject all bids received and instructed the City
Manager to mail requests for proposals a second time as soon as possible. Wright seconded
50 the motion. The motion was voted on and passed with all in favor except Davis who was
opposed.
INTERLOCAL AGREEMENT WITH CITY OF LUCAS FOR DISPATCH SERVICE
55 Norwood explained that the contract proposed was the same contract executed with
other area cities with a few minor dianges. Allen made a motion to approve the agreement.
Naish seconded the motion. The motion was voted on and passed unanimously.
PAYMENT NO.2 TO JESKE CONSTRUCTION FOR RUSTIC OAKS DRAINAGE
60 IMPROVEMENTS
Messenger made a motion to approve payment number two to Jeske Construction
Company in the amount of$25,25836 for work related to the Rustic Oaks drainage project.
65 PAYMENT NO.7 TO RANDALL & BLAKE, INC. FOR WORK RELATED TO THE
LANDFILL CLOSURE
Swartz made a motion to authorize payment of$5,757 (which brought payment of
work completed to 96% of the $246,453 contract amount). Wright seconded the motion.
* 70 The motion was voted on and passed unanimously.
RE-AWARD OF BIDS RELATED TO CURB, GUTTER AND SIDEWALK
IMPROVEMENTS ON OAK, BIRMINGHAM AND JACKSON STREETS ORIGINALLY
AWARDED ON OCTOBER 21, 1992
75
Due to time delays and non-responsiveness of the awarded bidder, the City staff
recommended that the bid from Bolen Construction be rejected and the bid be awarded to
JRJ Paving, the second low bidder.
80 Bidder Curb Driveway Sidewalk Move In Days to Move-In
.77
Bolen 8.00/LF $700 ea. 3.00/SF $350.00 10 days
Construction
85 JRJ 10.25/LF $500/ea. 2.80/SF $650.00 10 days
Paving
Holley 10.50/LF $590/ea. 2.69/SF no bid 3 days
2
& Son
90
Ballard 10.93/LF $827/ea. 5.28/SF $900.00 10 days
Contracting
Akin made a motion to reject the bid by Bolen Construction and award the bid to
95 JRJ Paving. Davis seconded the motion. The motion was voted on and passed
unanimously.
MOSS ADDITION FINAL PLAT
- 100 Mike Schmidt, Building Official, stated that the plat as submitted met or exceeded
all city requirements. Wright made a motion to approve the final plat. Davis seconded the
motion. The motion was voted on and passed unanimously.
STAFF REPORTS
• 105
City Manager Steve Norwood introduced City employees in the audience and City
engineer Paul Beaver updated Council on Code revisions being developed by his
department.
110 EXECUTIVE SESSION
Council adjourned into Executive Session at 8:33 p.m. under Article 6252-17 V.A.C.S.
to discuss Litigation: Wylie North East-Water Supply Corporation Texas Water
Commission Settlement.
115
Upon reconvening into regular session at 9:02 p.m., Naish made a motion to
authorize the City Manager to follow Part 1 of TWC's recommendation: $5290 payable to
Northeast Water District for the loss of revenue by the Armory and to pay reasonable
attorney's fees to Northeast Water District up to January 21, 1992, and instruct the City
- 120 Attorney to take immediate action following the final hearing with TWC regarding two
homes and six lots within Newport Harbor that could be within the District's area. Wright
seconded the motion. The motion was voted on and passed unanimously.
ADJOURNMENT
125
As there was no further business to come before the Council for consideration, the
meeting adjourned.
130 APPROVED
ATTEST
3
MINUTES OF THE WYLIE CITY COUNCIL
WORKSES SI ON
November 17, 1992
5 CALL TO ORDER
Mayor John W. Akin called the meeting to order with the following Councilmembers
present: Reta Allen, Jay Davis,Bud Naish, Steve Wright,and Jim Swartz. Ortie Messenger
was absent.
10
UTILITY RATE DISCUSSION
City Manager Steve Norwood explained that the last utility rate change in June of
1991 resulted in approximately $15,000 per month in lost revenue and that the rate study
15 conducted in 1990 indicated that Wylie's 1992 rates cfid not reflect what rates for 1990
should be. He stated that more funds must be generated for the City to meet existing and
future capital water and wastewater needs. The City Manager recommended that the sewer
pass-through be reinstated in all billing categories and that the monthly water base rate be
reinstated to the amount prior to the last rate change which would generate approximately
20 $175,000 annually in additional revenue and noted that this additional revenue could debt
service approximately 1.5 million dollars for needed projects.
Council discussed new projects that could not begin until late 1993 or early 1994 if
additional funds were generated by a utility rate increase. City Manager pointed out that
25 recent rainy years and the City absorbing rate increases from North Texas Municipal Water
District had contributed to the poor financial condition of the utility fund.
ALLOCATION OF FUNDS FOR WATER AND WASTEWATER PROJECTS
30 Norwood explained that$350,000 remained from the landfill closure that was eligible
for expenditure on water and wastewater projects. Council concurred that the allocation
should be made as follows:
NTMWD gravity relief line $180,000
35 TDC Grant ($50,000 = 25,000 Grant + 25,000 City) 25, 000
Replacement with 8" Line on 1st Street . 50,000
Alanis (T'ie-in 8') 50,000
Newport Harbor (Pressure and Chlorination) 45A00
TOTAL 350,000
40
MANAGEMENT UPDATE
Norwood updated the City Council on the following:
1
45 1) upcoming proposed amendments to subdivision rules and regulations
2) upcoming proposed Code changes
3) requests for proposals for development of a Comprehensive Plan - Norwood
50 explained that interviews would be conducted throw December 1
4) status of impact fee review - Norwood stated that the staff would be
proposing 100% of the cost be levied against the developer instead of 1/2 the
cost to the builder and 1/2 the cost to the developer
55
5) Industrial pre-treatment - sending bills to businesses at $3047 per industry
6) the Citizen Newsletter being printed and due to be mailed over the
Thanksgiving holidays
60
7) the Collin County Committee on Aging transportation program
8) upcoming joint meeting with the Development Corporation of Wylie
65 9) Strategic Planning outline developed by thy staff members
11) status of a satellite airport search
COUNCIL DISCUSSION ITEMS
70
Council confirmed that the second meetings in both November and December had
been cancelled and that construction on Birmingham was due to begin within the week.
ADJOURNMENT
75
As there was no further business to come before Council for consideration, the
meeting adjourned.
80
APPROVED
ATTEST
2
RESOLUTION NO.
WHEREAS, Drivers and pedestrians impaired by alcohol and other drugs account
for nearly 20,000 highway deaths annually, and
WHEREAS, Motor vehicle crashes are the number one cause of death for children,
teenagers and young adults in the United States; and
WHEREAS, Alcohol is involved in nearly half of all traffic fatalities; and
WHEREAS, Injury and property damage resulting from impaired driving cause
physical, emotional, and economic hardship for hundreds of thousands of adults and young
people; and
WHEREAS, A decade of intense public education effort has proved that alcohol-
related highway collisions are not accidents and can be prevented; and
WHEREAS, Comprehensive community based strategies to further reduce and
prevent impaired driving tragedies are known; and
WHEREAS, If we take a stand now, we can prevent impaired driving
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie that:
SECTION 1. December, 1992 is hereby proclaimed as National Drunk and Drugged
Driving Awareness Prevention Month in the City of Wylie.
SECTION 2. That the City of Wylie does hereby call upon all citizens, government
agencies, public and private institutions, business, hospitals and schools in Wylie to promote
awareness of causes of driver impairment, existing and proposed laws intended to further
reduce and prevent impaired driving, and opportunities to establish safer and healthier
norms regarding the use of alcohol and other drugs for all citizens, particularly the young.
PASSED AND APPROVED this the eighth day of December, 1992.
APPROVED
ATTEST
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: FINANCE DEPT. DIRECTOR: BRADY SNELLGROVE
DATE REFERENCE NO. SUBJECT
RENEWAL OF CIGNA HEALTHPLAN AND DENTAL FOR THE PERIOD OF
Dec. 4 1992 DEC. 1, 1992 to NOVEMBER 30, 1992
SUMMARY OF SUBJECT:
The staff is recommending the renewal of the contract with CIGNA for
Health, Dental and Life/Accidental Death. The Health plan increased 23% based on changes
in trend, demographics, and family mix. The dental plan combined rate (employee &
dependents) increased 4.6%. There was no increase in the premiums for life and
accidental death insurance. There will be an approximate budget shortfall in Fiscal
Year 1992/93 of $15,000. The budget shortfall will be addressed during the Mid—Year
Review with the City Council.
ALTERNATIVES:
None Recommended.
ACTION REQUESTED:
Authorize the City Manager to sign a contract with CIGNA-for Health/Dental services
and Life/Accidental Death insurance for the period of December 1992 through
November 30, 1992. -
•
4
SUMMARY OF GROUP HOSPITALIZATION AND LIFE INSURANCE RATES
DECEMBER 4, 1992
EMPLOYEE DEPENDENT
MONTHLY RATES RATE RATE
Health Plan:
1991/92 $120.40 $241.51
1992/93 $148.09 $297.06
Dental Plan:
1991/92 $10.15 $16.08
1992/93 $10.44 $17.02
Alternative Dental Plan: (1)
1991/92 -0- -0-
1992/93 $16.75 $33.45
Notes:
(1)The City is offering an opitional dental plan to employees. The alternative plan is for employees
willing to pay extra to use a dentist not in the CIGNA plan.The City will pay$10.44 of the
employee's rate and$0.94 of the dependents rate.
(2)The City pays all of the premiums on Life and Accidental Death.The premiums are
are$0.40/thousand and$0.05/thousand for Life and Accident respectively.
:>::>::::;:>>>:::»:<:»::>::»:>:>:<:;.:.CIGNABE W ►L:FINANCIAL: :::>::>.:;<::>:>::»:>::>::>::;<:>:::::
CITY OF WYLIE
GROUP RENEWAL SUMMARY
Presented to: BRUCE HICKS
Prepared by: CIGNA COMPANIES, INC:
Effective Date: DECEMBER 1, 1992
CIGNA RENEWAL RATE SUMMARY
TREND 15%
DEMOGRAPHIC CHANGE 5%
FAMILYMIX 3%
OV
ERALL DI CREASE
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w.4:n+:v:�n:.v:•
.ti.}::.r,:}::::::: .n}•.vi:v:.j}L;:;j + h`:,..+YF.Y•:•:•Y
...�if:Y:�l�'V.aJiVLIVi'�►:•'i}:•'.?iT::<=iii}x:.-0:•:::v�:v:::::v}:•:
..gin...• n........ :i}}}}y...
CIGNA HEALTHPLAN
MANAGED MEDICAL CARE PLAN $148.09 $297.06
$5 OFFICE VISIT
CIGNA DFNPAL CARE
L192 SCHEDULE $ 10.44 $ 17.02
RATE ASSUMPTIONS:
• Premium rates quoted are valid for the contract effective date illustrated above and
guaranteed for 12 montbs.
CIGNA Employee Benefits Companies
CIGNA
Cat.4421123
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: Finance Dept.- Purchasing Div. DIRECTOR: Brady Snellgrove
DATE REFERENCE NO. SUBJECT
12/4/92 j/ EMS/Ambulance Contract
SUMMARY OF SUBJECT:
The City's current contract for ems/ambulance services will expire December 15. Proposals
for a new two year contract have been received from A-1 Ambulance, Central Ambulance and
Rural/Metro (Apollo) . Alternate proposals were also received for a one year contract and
for ambulance contractor to provide it's own facility.
A summary of all proposals submitted is provided.
ALTERNATIVES:
ACTION REQUESTED:
1. Award contract to the ems provider whose proposal is determined to be in the
best interest of the City.
71,
2. Appoint an EMS;Advisory Board with authority and responsibility,to monitor :a;�
and audit ems/ambulance service as provided by;-.the RFP and the ems contract.
i
SUMMARY OF EMS PROPOSALS
AS OF NOVEMBER 30, 1992
A-1 AMBULANCE CENTRAL AMBULANCE RURAUMETRO
BASE BID 132,252.00 152,000.00 145,000.00
FACILITY PROVIDED
BY CONTRACTOR 149,052.00 159,200.00 160,000.00
ONE YEAR CONTRACT 180,000.00 NO BID 145,000.00
NON-EMERGENCY 200.00 165.00 150.00
BLS RATE
EMERGENCY BLS RATE 200.00 190.00 150.00
ALS RATE 250.00 280.00 245.00
COMMENTS -Did Not Provide -Proposed MICU -Base Bid would
Reviewed Financial Level of Service require City to
Statements exceeds Spec's. Dispatch 911 calls
-Worker Comp. -Did not provide -Did not provide
coverage would Reviewed Financial List of charges
cost$42,000 Statements for supplies/med's
more
-Worker's Comp. -Back-up Ambulance
-Charges for use Coverage would may not be close
of certain non- cost$80,000 enough to Wylie
disposable items more.
not charged by -Proposed renewal
other providers option does not
meet City Spec.
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: City Attorney DIRECTOR: Steven P. Deiter
DATE REFERENCE NO. SUBJECT S
12-4-92
Updating Weed Ordinance
SUMMARY OF SUBJECT:
The current code sections dealing with tall grass, weeds and rubbish was deemed
in need of review after review by the Code Enforcment Officer. Code Enforcment
provided the draft of the update which I have put into Ordinance for for the
Council's consideration.
ALTERNATIVES:
1. Pass ordinance as presented
.2. Make appropriate changes to Ordinace and pass revised version
3. Take no action and stay with current code provisons
ACTION REQUESTED:
Motion to pass Ordinance Modifying Section 2.00_.of Chapter 6 of the; lie:"Ci_
r,.Code_dealing:-with tall weeds, brush,--and,grass.
•. I
be fined and each day any violation shall contii e" control of any real plated property occupied,within
all constitute a separate offense. A violat'- of the corporate limits of the city, to permit weeds,
t provisions of this section shall cons ute a brush or any objectionable or unsightly matter to
nu nce. grow to a greater height than twelve inches (12")
upon any such plated real property. This section
(d) city allot ney is authorized l nstitute and does not apply to street or thoroughfare right-of-
prosec civil actions in the app• priate district way. All vegetation, not regularly cultivated (and
courts, a, Irovided in Section of the act, for excluding farmer's crops and rancher's grass or
injunctive , ief to prevent an urther violations forage)which exceeds twelve inches(12")in height
of this sectio or of the act • rules, regulations, shall be presumed to be objectionable and
determinations'.r orders • the board. Nothing unsightly,matter
herein deprives a offic'- ,agent or employee of ;
the city, the same a , other private citizen, of (Ord.87-37 adopt 7-14-87,Sec. 1)
the right to file a ';lemeanor complaint for a
violation of this se , i § 2. uty of Property Owner to Cut
and Remove Weeds, Brush and
(e) It is the p. cy of th, City of Wylie, to the Unsightly Matter
extent possi e under a ,licable laws and
ordinances . d within budge .ry limitations, for It shall be the duty of any person owning,
the officia ., agents and emplo •es of the city to claiming, occupying or having supervision or
cooperat. ith the state board in 'e air pollution control of any such real property, as provided for
control ,ork of the state board. herein,to cut and remove all such weeds,brush and
other objectionable or unsightly matter as often as
(Or. 71-4 adopted 4-13-71,Sec.7-10-1 may be necessary to comply with the next
preceding section;provided,that the removing and
§ 1.14 Hearing Board cutting same at least once every thirty (30) days
shall be deemed a compliance with this section.
(a) A • •aring board shall be appointed as ne-' •
for arbitr. 'on of differences between the - . trol (Ord.79-16 adopted 7-24-79,Sec.2)
director and t ittee or operating certif.. e holder
on matters conc , ing interpretation d execution § 2.03 Duty of Property Owner to
of the provisions . this sectio vy the control Remove Stagnant Water,
director. The cost of + • arbitr on will be divided Rubbish, Trash, Carrion or
equally between the c d the permittee or Other Impure or Unwholesome
operating certificate holde Matter
(b) One (1) mem•- of the ►.ard shall be a It shall be the duty of any person owning,
registered practici' professional e ineer;one(1) claiming, occupying or having supervision or
member shall •_ : lawyer;one(1)m• .i ber shall be control of any real property, occupied or
a represent. e of industry or ma acturing unoccupied,within the corporate limits of the city,
enterprise; d two(2)members shall be s- - fed at to keep such property free from stagnant water,.
large f' their interest in accomplishi , the rubbish, trash, filth, carrion or other impure or
obj- es of this section. unwholesome matter of any kind, and to keep the
i sidewalks in front of this property free and clear of
"- (• d.71-4 adopted 4-13-71,Sec.7-10-14) the same, and to fill up,drain or regrade any lots,
grounds or yards which shall be unwholesome or
have stagnant water therein, and to cleanse and
§ 2.00 TALL WEEDS. BRUSH disinfect any house, building, establishment, lot,
AND GRASS* yard, or ground from rubbish, trash, filth, carrion
or other impure or unwholesome matter of any
kind.
§ 2.01 Weeds, Brush, Etc., Over Twelve
.. "Rubbish," as that term is used in this section,
Inches (12") High shall include but not be limited to the debris left
It shall be unlawful for any person owning, upon properties after any building or other
,.._ claiming, occupying or having supervision or structures on such properties have been:
, (a) Destroyed by fire or other calamity and the
*State Law reference—Authority to regulate tall same not restored to its original or better condition
"` weeds and grass, V.T.C.A., Health do Safety Code, * I
342.004.
6-8
or removed from the property within ninety (90) : in addition to and cumulative of the provisions for
days from the date of such destruction; the abatement of the said nuisance and charging the
cost of same against the owner of the premises by
(b) Intentionally wrecked or demolished by the the city.
owner;
(Ord.79-16 adopted 7-24-79,Sec.5)
(c) Moved from such property to another location;
§ 2.06 Charge to be Levied and
(d) Vacated by a prior owner or tenant. Collected if Work Done by City
(Ord.79-16 adopted 7-24-79,Sec.3) The expense incurred by the City of Wylie,
pursuant to the correcting of conditions as set forth
§ 2.04 Notice to Owner to Remove, in this section, shall be charged to and become a
Etc.; Removal by City Upon lien on the platted real estate or lot or lots upon
Failure of Owner to Do So which such expense is incurred. Such charges to
be levied shall be as provided for in the fee
In the event that any person owning, claiming, schedule located in the appendix of this Code of
occupying or having supervision or control of any Ordinances.
real property occupied or unoccupied within the
corporate limits of the city fails to comply with (Ord.79-16 adopted 7-24-79,Sec.6)
the provisions of § 2.01, § 2.02 and § 2.03, it
shall be the duty of the building inspector's office § 2.07 Charges to Become a Lien to be
to give ten (10) days notice in writing to such Levied and Collected by the City
person violating the terms of this section, or by Tax Assessor and Collector
letter,certified,return receipt requested,addressed to
such person at his or her last known address. The charges provided for in this section shall be
-- If such letter is undeliverable and the whereabouts levied, assessed and collected by the tax assessor
of the owner cannot be determined,the notice will and collector of the City of Wylie,Texas. In the
be published at least two (2) times within ten (10) event the owner of said premises upon which work
consecutive days in the city's official newspaper. was done and charges incurred fails or refuses to
If such person fails or refuses to comply with the pay such charges and expenses within thirty (30)
provisions of§ 2.01, § 2.02 and § 2.03 within ten days after the first day of the month following the
(10)days after date of notification in writing or by one in which the work was done, the tax assessor
letter,or date of second publication of notice in the and collector shall file with the county clerk of
city's official newspaper, the city may go upon Collin County, a statement by the mayor of the
such property and do or cause to be done the work city setting out the expenses that the city has
necessary to obtain compliance with this section, incurred pursuant to the provisions of this section,
and may charge the expenses incurred in doing or and the City of Wylie shall thereby perfect a
in having same done, to the owners of such privileged lien on the property involved, second
property as provided hereafter in compliance with only to tax liens and liens for street improvement,
Article 4436, Revised Civil Statutes of Texas, as to secure the expenses incurred, together with ten .
amended. percent(10%) interest from the date such payment
was due. For any such expenditures and interest,
(Ord.87-37 adopted 7-14-87,Sec.4;Ord.adopting as aforesaid,suit may be instituted and foreclosure
Code) had in the name of the City of Wylie; and the
statement so made,as aforesaid,or a certified copy
§ 2.05 Failure to Comply With thereof, shall be prima facie proof of the amount
Removal Notice expended for any such work or improvements.
Any person violating the provisions of this (Ord.79-16 adopted 7-24-79,Sec.7)
section, who continues to be in violation of the
same after notice is given as set forth in § 2.04
above, shall be deemed guilty of a misdemeanor
and upon conviction shall be fined for each offense.
Each and every day such offense is continued shall
constitute a separate offense. This section shall be
6-9
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SEC. 2.00 TALL
WEEDS, BRUSH, AND GRASS OF CHAPTER 14 OF THE CODE OF ORDINANCES OF
THE CITY; DECLARING WEEDS, RUBBISH, BRUSH AND OTHER OBJECTIONABLE,
UNSIGHTLY OR UNSANITARY MATTER A NUISANCE AND SETTING FORTH
REGULATIONS REQUIRING THE OWNER OR OCCUPANT TO KEEP PROPERTY FREE
OF SUCH NUISANCE; PROVIDING FOR ABATEMENT OF SUCH NUISANCE BY THE
CITY AND RECOVERY OF COSTS AND EXPENSES OF SUCH ABATEMENT,
INCLUDING PROVISIONS FOR IMPOSITION OF A LIEN; PROVIDING FOR AN
ADMINISTRATIVE FEE BEING THE COST OF ADMINISTRATION OF THE PROVISIONS
OF SECTION 6-2; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVING CLAUSE, A PENALTY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the Texas Health and Safety Code, V.T.C.A. provides municipalities with
the power to require the owner of a lot within the municipality to keep the lot free from weeds,
rubbish, brush, and other objectionable, unsightly, or unsanitary matter; and
WHEREAS, for the health, safety and welfare of the citizens of Wylie, the City Council
desires to revise the provisions of Sec. 6-2 of Wylie City Code to provide clearer regulations and
requirements for keeping properties within the City free from such conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OF WYLIE, TEXAS, AS FOLLOWS:
SECTION I
That Sec. 2.0 of Chapter 6 of the Wylie City Code, is hereby revised to read in its entirety
as follows:
"Sec. 2.00 Weeds, rubbish or unsanitary matter.
2.01 Definitions: for purposes of this section, the terms used herein shall have the
following meanings:
Brush shall mean scrub vegetation or dense undergrowth.
Carrion shall mean the dead and putrefying flesh of any animal, fowl or fish.
Filth shall mean any matter in a putrescent state.
Garbage shall mean all decayable wastes.
Junk shall mean all worn out, worthless, or discarded material, including, but not limited
to: odds and ends, old iron or other material; glass; cordage; refrigerators and appliances (if
outside buildings).
Enforcement Officer shall mean the City of Wylie Code and Environmental Inspector, or
such other person(s) designated by the City Manager.
Impure or unwholesome matter shall mean any putrescible or nonputrescible condition,
object or matter which tends, may, or could produce injury, death, or disease to human beings.
Objectionable, unsightly or unsanitary mater shall mean any matter, condition, or object
which is or should be objectionable, unsightly, or unsanitary to a person of ordinary sensitivities.
Owner shall mean a person having title to real property.
Person shall mean any individual, firm, partnership, association, business, corporation,
or other entity.
Refuse shall mean a heterogeneous accumulation of worn out, used up, broken, rejected
or worthless materials and includes garbage, rubbish, paper or litter and other decayable or non-
decayable waste.
Rubbish shall mean trash, debris, rubble, stone, useless fragments of building materials,
refrigerators and appliances, or other miscellaneous useless waste or rejected matter.
Weeds shall mean vegetation that because of its height is objectionable, unsightly or
unsanitary, but excluding:
(1) Shrubs, bushes, and trees,
(2) Cultivated flowers, and
(3) Cultivated crops.
Any word not defined herein shall be construed in the context used and by ordinary
interpretations; not as a word of art.
2.02 A person owning, claiming, occupying, or having supervision or control of any
2
real property, occupied or unoccupied, within the city limits of the City of Wylie, Texas, and
outside the city limits for a distance of five thousand (5,000) feet, commits an offensive if said
person permits or allows any stagnant or unwholesome water, sinks, filth, carrion, weeds,
rubbish, brush, refuse, junk or garbage, or impure or unwholesome matter of any kind, or
objectionable, unsightly matter of whatever nature to accumulate or remain on such real property
or within any easement area on such real property or upon any adjacent right-of-way for streets
and alleys between the property line of such real property and where the paved surface of the
street or alley begins. Such condition or conditions are hereby defined as public nuisances.
2.03 A person, owner, tenant, agent or person responsible for any premises within the
City, occupied or unoccupied, commits an offensive if said person permits or allows weeds to
grow on the premises to a greater height than twelve (12) inches. Said premises shall include,
but not limited to, the parkway between sidewalk and the curb; the right-of-way between any
fence, wall or barrier and the curb or pavement if such exists or the center line of said right-of-
way; or the area between a fence, wall or barrier and within any abutting drainage channel
easement to the top of such channel closest to the property.
2.04 With respect to uncultivated agricultural properties, a person, owner, tenant, agent
or person responsible for such property commits an offense if said person permits or allows
weeds to grow to a greater heights than twelve (12) inches within one-hundred fifty (150) feet
from any adjacent property under different ownership or any street right-of-way. However, on
cultivated agricultural properties where the distance between he growing cop and abutting
property under different ownership or street right-of-way is less than one hundred fifty (150)
feet, the person, owner, tenant, agent or person responsible for such property commits an offense
if said person permits or allows weeds to grow to a greater height than twelve (12) inches
between such growing crop and such property or street right-of-way, so long as no traffic
visibility obstruction will exist.
2.05 In the event that any person violates the provisions of this section, the
Enforcement Officer , or his designee, shall give notice to such person setting forth the
noncompliance with this section. Such notice shall be given in any one of the following ways:
(a) Personal delivery:
(b) By letter addressed to such person at his post office address, and which shall
deemed to have been received five (5) days from the date of mailing;
(c) If personal service cannot be obtained or the owner's post office address is
unknown;
(1) by publication at least twice within ten (10) consecutive days;
(2) by posting the notice on or near the front door of each building on the
property to which the violation relates; or
(3) by posting the notice on a placard attached to a stake driven into the ground
on the property to which the violation relates if the property contains no
buildings.
If such person fails or refuses to comply with the demand for compliance in the notice within
ten (1) days of such notice or publication, the city may do such work or cause such work to be
done to bring the real property into compliance with this section. The costs, charges, and
expenses incurred in doing or having such work done or improvements made to the real property
shall be a charge to and personal liability of such person (called "Charges).
The Charges to be collected by the City under this section shall include in addition to the costs
and expenses of mowing or correcting a condition upon a tract of land, the sum of One Hundred
Fifty Dollars ($l 50.00) per lot or tract of land, which sum is hereby found to be the cost to the
city of administering the terms of this section.
If a notice as provided herein is delivered to the owner of such real property, and he fails or
refuses to comply with the demand for compliance within the applicable time period as herein
provided, the aforementioned costs, charges, and expenses shall be, in addition to a charge to
and personal liability of the owner, a privileged lien upon and against such real property,
including all fixtures and improvements thereon. In order to perfect such lien, the enforcement
officer, or his designee, shall first give such owner written notice of demand for payment of such
charges. Such written notice may be given by an one of the methods provided for the initial
notice requiring compliance. If the owner fails or refuses to make complete payment of the
charges within twenty (20) days of such notice, the enforcement officer, or his designee, shall
file a written statement of such charges with the County Clerk of the County in which the real
property is located for filing in the County Land Records. The statement shall be sufficient if
it contains the following:
i) The name of the owner;
ii) A description of the real property;
iii) The amount of the charges including interest thereon;
iv) A statement that all prerequisites required by this section for the imposition of the
charges and the affixing of the lien have been met;
v) A statement signed by the Enforcement Officer, or his designee, under oath, that the
statements made therein are true and correct.
The statement may also contain such other information deemed appropriate by the Enforcement
Officer, or his designee.
All charges shall bear interest at the rate of ten (10) percent per annum from the date the City
incurs the expense. The City may bring suit to collect the Charges, institute foreclosure
4
proceedings, or both. The statement, as provided herein, or certified copy thereof, shall be
prima facie evidence of the City's claim for charges or right to foreclose the lien. The owner
or any other person responsible as provided herein, shall be jointly and severally liable for the
charges.
2.06 The provisions of this section shall be enforced by representatives of the City's Code
Enforcement Department. Notwithstanding any provisions of this section to the contrary, the
Enforcement Officer has authority to issue immediate citations to persons violating any provision
of this section in the presence of said official. It shall be unlawful for any person to interfere
with the Enforcement Officer, his designee, or an Environmental Health Specialist, in the
exercise of their duties under this section.
2.07 Any person, firm, or corporation who commits an offense under the provisions of this
section shall be subject to the penalty provided for in Section 1-1.06 of this Code.
SECTION II
Should any paragraph, sentence, sub-division, clause,phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal.
SECTION III
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION IV
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION V
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
5
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
8th day of December, 1992.
By
John W. Akin
Mayor
ATTEST:
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
fi
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
8th day of December, 1992.
By
John W. Akin
Mayor
ATTEST:
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
fi
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: DIRECTOR:
Paul Beaver Engineering
DATE REFERENCE NO. SUBJECT
12/3/92 Randall & Blake, Inc.
Pay Request No. 8
Wylie Landfill Closure
SUMMARY OF SUBJECT:
Attached is Pay Request from Randall & Blake, Inc. in the amount of
$9, 474. 42 for release of retainage on their outstanding landfill closure
contract. This is a request for a reduction of retainage from 5% to 1%.
Please note that the remaining 20% of bermuda grass coverage would be
accomplished during the spring of 1993.
ALTERNATIVES:
1 . Retain the existing 5% amount ($11, 843. 02) which is based upon the
total amount of the project accomplished to date ( $236, 860. 38) .
2. Reduce the retainage to 1% ( $2, 368. 60) and rely on the Contractor to
fulfill his obligation to plant the remaining 20% bermuda grass in
the spring of 1993 ($4, 040 of work) .
ACTION REQUESTED:
Referring to the TWC letter of November 23,- 1992 ( see attached) , the
State placed emphasis on City post-closure maintenance in order to avoid
possible erosion problems or land subsidence. Consequently, the
importance of a thorough grass stand cannot be over emphasized:"
Therefore, Alternative 1 which maintains 5% retainage is recommended and
will assure $11, 843. 02 is available to complete the 20% non-bermuda
covered area plus any bermuda areas that do not survive an extremely cold
winter.
John Hall, Chairman
Pam Reed, Commissioner \'
n
Peggy Garner,Commissioner
TEXAS WATER COMMISSIO
PRO7EC77NG 7EYANS'HEALTH AND SAFELY BY PREVEN77NG AND REDUC
NOV 2 3 1992
Honorable John Akin
Mayor of Wylie
P. O. Box 428
Wylie, Texas 75098
Subject: Solid Waste - Collin County
City of Wylie - Permit No. 712
1.0 Mile SW of Wylie, S of SH-78
Dear Mayor Akin:
The Commission has received a certified copy of an "Affidavit to the Public" for
the subject site. The affidavit, as filed within the Deed Records of Collin
County is acceptable. When we receive our district's verification of proper
closure, the file for the subject site will be marked inactive pending our
district's post-closure maintenance inspections at least through the year 1997
to determine if any post-closure subsidence or erosion problems occur which are
in need of correction. If at the end of the five-year post-closure maintenance
period the site is found to have been satisfactorily maintained, the subject file
will be marked closed since you have indicated that the site has been filled and
rendered unusable by closing and submitting the closure affidavit.
Your cooperation in properly closing and maintaining this site is appreciated.
If you have any questions concerning this letter or if we may be of any
assistance to you regarding municipal solid waste, you may contact Mr. Phil Spry,
P.E. , of my staff here in Austin at P. O. Box 13087, Austin, Texas 78711;
telephone number (512) 908-6674 or you may prefer to contact Mr. Charles D. Gill,
District Manager, at 1019 N. Duncanville Road, Duncanville, Texas 75116-2201;
telephone number (214) 298-6171. When responding, please forward a copy of all
correspondence to the district office as well as to our central office.
Sincerely,
Michael D. Graeber, P.E. , Team Leader
Municipal Solid Waste Permits Section
MDG\PAS\ff
cc: TWC District 4 Office
Collin County Health Department
Wylie City Manager
P.O.Box 13087 • 1700 North Congress Avenue • Austin,Texas 78711.3087 • 512/463-7830
FRIN II t.r,' Ri \OTn r.rTR
klew pay R ues- : =
! APPLICATION AND CERTIFICATE FOR PAYMENT PROJECT: Closure of the OId Nlunic:aa
TO: City of Wylie PERIOD TO: OCTOBER 15, 1
(:-.--Y-FROM:-Randall-and-Blake via (Engineer)_-.-. - .
APPLICATION DATE: NOVEMBER 18,
,1 . 1 1
1 A B C D E F I G
} _ ..-. ---- -- -- ---- ------.--- -- -- -- 1-- -
• 1 PAY !WORN CCMPL E
ip , 1 ITEM DESCRIPTION OF ITEMS CONTRACT LN1T LNIT PRICE SCNEDLLED 1 FROM PREVIr.
- 1 NO. LIUANTITY VALUE 1 APPLICATIC
' -1------ --1- - ---
I I CLEARING AND GRUBBING 48.88 AC $45.88 $1,888.80 1 $1,800.
, 1 2 EXCAVATION AND GRADING 57888.88 CY $1.52 $86,648.80 1 $85,272.
1 3A BERMJDA GRASSING 48.80 PC $585.88 $29,208.88 1 $16,161a.
' 1--4-1 VE,-DISPOSE,-INSTALL-6461 4EU,BASE ----1.88-1-EACH------$385.88- $385.88-1---f132.
i0; 1 5A 9 GA 6' HEAVY DUTY CHAIN LINE FENCE 1120.00 LF $9.58 $18,648.09 1 $9,50e.
1 6 DELETED 1.88 EACH $8.88 $8.88 1 $8. ..
1 7A LOAD, HALL, SPREAD OFF-SITE CLAY FILL 28980.88 CY $2.35 $67,915.88 1 $65,217.
' 1-8A-14-STRCE -BARBED-1iIRE-FENCE I--1458.-88-1--LF $3.18 $4,495.88-1 $4,3-+3.
, 1 9A 9 GA 8' HEAVY DUTY CHAIN LINKS FENCE 128.90 LF $12.65 $1,518.00 1 $1,518.
. . . 1 18A REMOVE, DISPOSE EXISTING TREES 1.88 LS $2,868.80 $2,868.88 1 $2,868.
1 11A LOAD, NAIL, SPREAD OFF-SITE CLAY FILL 18888.80 CY $5.88 $58,880.08 1 $58,009.
' -I---1 -- 1-- 1--1 --- 1- ---- 1 - -
1 TOTALS $246,453.88 1 f236,86,a.
1 1
,
y
--` , TOTAL CONTRACT CALENDAR DAYS 68
CONTRACT CALENDAR DAYS TO DATE 179
-%-COMPLETE- 139,50 %
n
- NOTICE TO PROCEED 1-86-92
Ilk '.: CONTRACT START DATE . 1-16-92
i:.
t .
i ,40 -;
;n: -
i°1i
F.• »{
iui
:n,
,. Application is Bade for Payment, as shown below, in connection with the Contract.
1. ORIGINAL CONTRACT SUM $172,692.88
alk+ 2. Net Change by Change Orders $73,761.88
3. CONTRACT SUN TO DATE (Line 1 +/- 21 $246,453.08
- ' ,-4.--TOTAL-COMPLETED-L-SiDRED-TO-DATE- $236,868.38 -- ---
(Column J Above)
lik «;' 5. RETAIRLABE
` a. 1 % of Completed Work $2,368.68
.! -II X of Col -G.f) .
z" b. 8 % of Stored Material $8.88 P`_ pc>ed
CI- II ., `(8 % of Column I)
Total Petainage (5a + 5b) 68� F--IceVimac\e
z - TOTAL-EARBED"LES -AETAIM�E $234, 91.TB
- - (Line 4 Iess Line 5 Total)
' 7. LESS PREVIOUS CERTIFICATES FOR PAYA NT $2225,817.36
' ..j (Line 6 Eros prior Certificate)
c`--�-L'LRRtENI`PRYIENt-DtE 19,474i 42
_. , i 9. BALANCE TO FINIS%, PLUS RETAINABE $11,961.22
�, (Line 3 less Line 6) .
..
G5 -
dew pa Q ue��f' •
y � l
fill 1fS1t7 JTIal TO: Page 1 of 2
APPLICATION NOt a --_•_-- Owner
--
Engineer
CONTRACT DATE: Oecwbe► 'K 1991 - j-----Contractor 1 ,
i H I t.
I iK COMPLETED THIS KRIM 01e1114.3 OM amen BALANCE TO
wont! 'TOAD 1 'TO[D TO I FINISH
QUANTITY TY 1 ACM OCT PI I Om HI OATS tesoil tI1mo.ETE (F - J) — ! ,
MIN 0.0 11,MR.M `10.00 — 11.M
0.0 n I&M II M 1e3.m.M 91. % $1,3Ei7.32 - ea
1,N A[ moo 0 M 116,161.M 11.1fx . $4,14a.11 !
-&M MO - moo -- moo _ men a __MOO -._-_l192,51_1 .,!
1.M if *OD t*M 19,9M.M 89.291 $1,14011 I 1 I
LIMP EADI M.M I&0 at M tL IM *OD 1 y •
1:M CY WOO M.M 16.3,217.21 96. a $2,697.0I
0.0 if -- -- MAO - --- - -M.M ---- $4.30.08- 96.3U L59.M.1 1"
-O.M lF /1.0 Wit 11,9111.0 10.Ns $11.M 1 I '
1.M IS SO.DO f1.11 i51,M.et 111.8X 11.11 1 1'•!
COI CY SO.DO I I A ',
-- - 0.00 MOO -$236,861.38 91.ON 19,592.62 1 y 1
: •'
Page 2 of 2 •; .,
mg on sj 4„ri,SI ewliVl/'e that to tM best of the Contractor's
MZr1MS% isfersirfNA Mf belle ter Verb myna! by this Application for „,
Aea•! r1 tames tot �a>el+mee .IM theContract Documents, that i
a ammonia boo ImamM'sad Se e Contractor for York for mhich previous
'.•t i f 1e+atw For wa„t awry served and ears ent s received from the Owner, ,"
wmt Om eleroot area - burro* Is nor Ow. I n 1 4,
h, _illorp I.,- .,,
- -- 1-I
r'
4IP
EhelhEER'S CERTIFICATE FOR PAYMENT I,r K
1a.decordance with the Contract Documents, based on on-site observations and y,
tl data comprising the above application, the Engineer certifies to the Ia;
Oi er that to the best of the Engineer's knowledge, information and belief
the Work has progressed as indicated, the quality of the Work in accordance }.
with the Contract Documents, and the Contractor is entitled to payment of 4
A"'1NT CERTIFIED. j-
A.-I CERTIFIED 1 I , •
(Attach antis/tatlon if amount certified differs from -- - -- — •
amount molted for.) '
6 MR: - - y- f --- `-; r.
T s Certificate Is not negotiable. The AMOUNT CERTIFIED is payable only to .! y,
the Contractor named herein. - Issuance, payment and acceptance of payment are CHI
_
without prejudice to any rights of the Owner or Contractor under this Contract. I:i
•
t
— - — - —
1
f APPLICATION ANDof CERTIFICATE FOR PAYMENT PROJECT: Closure of the Old Municipal PERIOD TO: OCT08ER 15, 199r
TO:„?...„4,___siopir_RgisarrahrBnikerWyli via-(Engineer')— �T�it iS� 1913
APFLICATION DATE: _ _
8 C D E 1
F 8 i
1 •• , PAY DESCRIPTION OF ITEMS QUANTITY UNIT WIT PRICE 1 m VALLE pF101 PREVIOUS
ION
t •• ITEM:
a- N0. _
'1 CLEARINS RID GRUBBING 40.00 AC $45.M 1 $1,800.00 shoe.*
2 EXCASVTIO( AND f1.52 1 $86,640.00 $85,272.68
5 41.81 AC ones 1 f2Y,2/0.80 $l$,100.90
3A 13E10l1D, iSPOSE, t l S
•-,: gA 9�D FEAVY DUTY CHAIN LINK Ft]ICE
1129.00 EACH $9.50 1 $10,640.80 f9,SOL ee
• ,11 f2.35 Mee 1 $67,915.00 $65,21�7.288
..' 8A LORD, ara SPREAD OFrasa (LAY FILL 2B1 .tF f
RE N1 129.80 LF $12.65 1 f1,518.00 f1,518.0E
9A 9 SA 8, DISPOSEVY DUTY CHAIN INN LINK ma 1.00 LS f2,868.00 1 $2,860.00 f2,860.fE
1� is
,REMOVE, LI., R EXISTING TEES 10000.10 CY f3.90 I CSg,000.U fs0,000.*
. 1IA LOAD, 1NAlt-, SPREAD OFF-SITE CLAY FILL ip 453.10
• I-I TOTALS
..x TOTAL -T ENDAR DAYS b0
CEP:TRACT DIDVAR DAYS TO DATE 179
139.5t A
- 1)TIC TTOtPROCEED 146-92
a CONTRACT START DATE 1-16-92 --
S
_ ''• . . .j.et •(<\./.....,,
' '''''t/ /a'.----)1......\Z ,
/•
•
ITS 1
- • . } Application is Bade for Payment, as shown below, in connection with -
�I ,692.
7 f12 M
1. ORIGINAL catireACT SIPS 7 ,661.0
• ;••; 2. Net Change by Change Orders f$73,76 .00
.; 3. N31fTRACT SUN TO DATE (Line 1 +I- 2)
4. TOTAL
(Golan 7 Above) -- .. :. .°
• 5, ETR11f8;E -.. - E
d : - .� •� f12,stS•N! � � 1�8'F3��b'�
as • a. 5 •% of Meted Morlic.
- I� (5 d of Calms PIO f1:00 E>`� �r
I. b. 5 7� of Stored Material p S d T e�
z (5 A of Cohn I) _f} , ► �R�atrt
o I-
I . Total Retainage (Sa + Sb) ��d .3
F _ . �feeereeer .
z .. b- ..TNJ1N. EWE?LESS lt�lil/1dL' •- (Line 4.1ass Line S Total) ��• - �.
. : I a 7. .LESS DEVISE CERTI ICATE FOR PAYMENT S 9 �'
-(Line 6 frog friar Ciertificate) . .. - •_• •
'•:
•, a. CIDRRE NT WONT NEE -"41 IS �t f'�3S• �'
" 9. TEl FINISH, FLEE 1E7AI10
e (Line 3 less Line 6)
1
fill DISTRIBUTION TO: Page 1 of 2 i
APPLICATION NO: 7 Omer_ —x-
-. CONTRACT DATE: Deceeber 38, 1991 _ —x— Contractor
} +
1 H 1 J x
— t
1K OMPLETED THIS PERIOD )iATERIALS TOTAL CEPIPLETEDI BFLPtCEFINISH TO , '
_ PRE'SE)TThY STORED j STORED TO 1 %
J .1niITY s CUNT (NOT IN 6 OR H F _ J)) DATE (6+F1+I) 1 COMPLETE + • .
h I O.RI
! �
8-48 PC f8.88 s8.88 $1,888.88 1 - 188.88x = .
I 0 CY $e.a8 $8.88 185,27268I 98. $1,367.32 s
?I 8 AC 41 ��-14 e 1.0 se.se -seeree8:-ee-c4A)00 .s*$°% $1w.0 4)o 4o
-ieeEpQNf----s8;88-t -- —1R:e8-f--IIT 38 I .!!6 f1$1 5
LF f8.OD SLOG $9,3e8.88 1 89.291�
( e EACH s8.88 IL OS se.88 1 8.88% ��6SO.988 ..,
I 0 CY $9.88 SO.88 $65,217.29 1 96.83X fl � •
-It de-L:F-1---s8.8e --- - --s�88-
9.89 LF 89.88 98.88 81,319.119 I 18s.it% 1e.M O
se.ee s2,868.el 1 188.On .
I 0 CS W.99 W.88 s38,OM I 1MMM.88% f8.18
P s8.e8 .1
$18,188.88 . $8.88 $2481 9e8.38 1 -NAM PS+ G"- 4)S 1 ).L L I: -
• j,o60 'a(.A?co.3e2.. , ;"
•
ra
Page 2 of 2
I..
s
Z. -----.),6,, . •
•
a
' i Iersigned Contractor certifies that to the best of the Contractor's ,Y
wledge, information and belief the Work covered by this Application for / !,
went has been co.pleted in accordance with the Contract Documents, that
---mrrts-have been'Paid-tr>-the-Cc,r+tr,Rt,,. fk,. Mug k-for-,hith r.wrivR,s � \ .r
ticates for Payment were issued and Payments received from the Divert ��
i...it current payment shown herein is now due. '
J
. is.:.... /115/1,- _ wk.--,---j-, i•:.:
rr. ,40-0 irzs.
•
, i)/
;II,.. ..S CERTIFICATE FOR PAYMENT "
accordance -.d Dt,ca.entb, &meQ err-wr site e
data comprising the above application, the Engineer certifies to the !F;
le that to the best of the Engineer's knowledge, information and belief j-f
, 1 -k has progressed as indicated, the quality of the Work in accordance •,
fr .
UI(T CERTIFIL>?. • 4 c '
�, . 13:RTIFIED
•
t ir-explanatfat-ff-roant-certified differs free -
ie amount applied for.) •
1I : -
.
4.0.4.1.2-__-—_
r
is.Gerti firsts is not negotiable. The AIC lNT CERTIFIED is payable oial to •= -.- ;a;7s: r<7-,`_` �,:;:_`'.- •
rj op
:h t prejudice to any rights of the Owner or Contractor' under this Contract. • . .
!I
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: CITY ATTORNEY DIRECTOR:
DATE REFERENCE NO. SUBJECT
12-3-92 7 WNE-WSC SETTLEMENT CONFERENCE
SUMMARY OF SUBJECT:
This subject has been set for hearing before the TWC hearings examiner on December 15,
1992. In an effort to settle the issues and avoid the hearing the matter has been
placed on the agenda to allow the Council to receive and consider the latest proposal
which will be presented by WNE-WSC and their representatives.
The Council will have the opportunity to question, discuss and consider the proposal
with the proponents at the meeting.
The Council may want to consider an executive session following the public portion
when the proposal is presented.
ALTERNATIVES:
1. Consider and take appropriate action concerning receipt of settlement proposal
. Take such other action as deemed appropriate by the Council on the issue.
ACTION REQUESTED:
Staff is reserving making requets pending presentation of the proposal and the
opportunity to discuss t matter after proposal is received
A