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05-11-1993 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex May 11, 1993 7:00 p.m. Call to Order Invocation - George Fournier, Southfork Baptist Church Pledge of Allegiance Oaths of Office - Jim Swartz, John Mondy, Ortie Messenger Election of Mayor Pro-Tern Consent Agenda 1 . Consider Approval of the Minutes of March 9, March 23, April 13, and April 20 2. Consider Approval of an Ordinance Adopting the 1991 Uniform Mechanical Code 3. Consider Approval of an Ordinance Adopting the 1991 Uniform Housing Code 4. Consider Approval of an Ordinance Adopting the 1991 Code of Abatement of Dangerous Buildings Action Items 5. Discuss and Consider Negotiating Contract Terms for Garbage Collection or Take Related Action 6. Hold Public Hearing and Consider Approval of an Ordinance Establishing a Change in Zoning from Multi-family to Agricultural on a Tract of Land Located off FM-1378 7. Discuss and Consider Approval of an Ordinance Disannexing a Tract of Land Located on SH-78 Requested by Linda Bair 8. Discuss and Consider Approval of an Ordinance Disannexing a Tract of Land Located at County Line Road Requested by David and Patty Davis 9. Discuss and Consider Approval of a Contract with the Corp of Engineers for Lake Patrol 10. Discuss and Consider Approval of a Resolution of Agreement Regarding the Transfer of Property With NTMWD 11. Discuss and Consider Authorizing Payment to Jeske Construction for Rustic Oaks Drainage Improvements 12. Discuss and Consider Authorizing Payment to JRJ Paving for Curb and Gutter Improvements on Jackson and Oak Streets 13. Discuss and Consider Naming of Future Park Located at SH- 78 and Ballard Street STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 14. Adjourn into Executive Session Under Article 6252-17 V.A.C.S. to Discuss Litigation: Southfork Mobile Home Park Agreement 15. Reconvene Into Regular Session and Take Any Necessary Action as a Result of the Executive Session on Litigation: Southfork Mobile Home Park Agreement ADJOURNMENT vilfated Posted , P 1 93 5:00 .m. Y City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 5/11/93 1 Minutes SUMMARY OF SUBJECT: Minutes will be provided to you under separate cover. ALTERNATIVES: ACTION REQUESTED: City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Michael Schmidt DIRECTOR: Community Development DATE REFERENCE NO. SUBJECT 5/4/93 n Adopt the 1991 Uniform Mechanical Code. SUMMARY OF SUBJECT: To repeal the 1988 Uniform Mechanical Code, Ordinance Number 88-32 and adopt the 1991 Uniform Mechanical Code. ALTERNATIVES: 1. To approve the request. 2. To deny the request. ACTION REQUESTED: Approval to repeal Ordinance 88-32, Uniform Mechanical Code and adopt the 1991 Uniform Mechanical Code. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. x ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: x CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF x CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC x BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL IP ITY MANAGER ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING SECTION 6.01 CHAPTER 3 OF THE WYLIE CITY CODE BY ADOPTING THE 1991 EDITION OF THE UNIFORM MECHANICAL CODE; REGULATING THE INSTALLATION AND MAINTENANCE OF HEATING, VENTILATING, COOLING AND REFRIGERATION SYSTEMS; PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES THEREFORE; PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF; REPEALING ORDINANCE NO. 88-32 AND ALL OTHER CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has adopted the 1988 edition of the Uniform M- ert i�.. :"m certain limited modifications, which currently appears in Section 6.01 Cha r , .f �i 'e City Code; and, WHEREAS, an updated version, known as the 1991 edition of the Uniform Mechanical Code, (UMC) has been promulgated for use by municipalities and other entities; and, WHEREAS, the building official for the City has reviewed the 1991 edition of the UMC and recommends adoption of the same, in toto, without modification or amendment, by the City of Wylie; and, WHEREAS, the City Council has determined in its legislative capacity that adoption of such code furthers the best interest of the City; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 6.01 of Chapter 3 of the Wylie City Code, be deleted in their entirety and the following provision inserted therefore: 1 "Section 6.01 Uniform * echanical Code "That certain documents, one of which are on file in the office of the City Secretary and open for inspection, being marked and designated as: `Uniform Mechanical Code', 1991 Edition, published by the International Conference of Building Officials.' be and the same hereby is adopted as the code of the City of Wylie fogulatinsgththe installa being tion and maintenance of heating, ventilating, cooling and refrigerationsystems, incorporated herein by reference and made a part hereof as if fully set out in this ordinance." SECTION II The penalties for violations of this ordinance, in additionCodethose set the forth in now UM MCC,oshar lll be determined by the General Penalty for Violation of hereafter amended, in section 1.06 of Chapter 1 of the Wylie City Code. SECTION III That Ordinance No. 88-32 is hereby repealed. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalidthereof,same er than the � or parts as all not affect the validity of this ordinance as a whole or any part or provision declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from and after its adoptson by the City in such cases. Council and publication of its caption as the law and the City Charter provide _.,. 2 SECTION VI 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 VII 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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11 th day of May, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 ORDINANCE NO. v O AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REGULATING THE INSTALLATION AND MAINTENANCE OF HEATING, VENTALATING, COOLING AND REFRIGERATION SYSTEMS, AS STATED IN THE UNIFORM MECHANICAL CODE, 1988 EDITION; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING 83-14 AND ALL PREVIOUS ORDINANCES AND CONFLICT HEREWITH; CONTAINING A SEVERANCE CLAUSE; PROVIDING FOR PENALTIES FOR VIOLATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas has recently adopted the Uniform Building Code, 1988 Edition, and is desirous of adopting the companion code related thereto , therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. (A) That ordinance 83-14 is hereby repealed. SECITON 2. That certain documents, one (1) copy of which is on file in the office of the City Secretary and being marked and designated as "Uniform Mechanical Code", 1988 Edition, published by the International Conference of Building Officials, without appendices A, B, C, and D, for regulating the installation and maintenance of heating, ventilating, cooling and refrigeration systems within the City limits of the City of Wylie, are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. SECTION 3. REPEALING CLAUSE - That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY CLAUSE - Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjuged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 3. PENALTY - Any person firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. PUBLICATION CLAUSE - This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such case provides. DULY PAII9ED BY THE CITY CO NC L OF THE CITY OF WYLIE, TEXAS, THIS f4/_ DAY OF ___ , 19�9 Chuck fir mble, Mayor ATTEST: Carolyn i .,ne v ity Secretary Vc%) City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Michael Schmidt DIRECTOR: Community Development DATE REFERENCE NO. SUBJECT 5/4/93 Adopt the 1991 Uniform Housing Code. SUMMARY OF SUBJECT: To repeal the 1988 Uniform Housing Code, Ordinance Number 88-29 and adopt the 1991 Uniform Housing Code. ALTERNATIVES: 1. To approve the request. 2. To deny the request. ACTION REQUESTED: Approval to repeal Ordinance 88-29, Uniform Housing Code and adopt the 1991 Uniform Housing Code. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. X ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: x CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF X CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL &ItI—pc 111° ITY MANAGER ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS, AMENDING SECTION 7.01 AND 7.02 OF CHAPTER 3 OF THE WYLIE CITY CODE BY ADOPTING THE 1991 EDITION OF THE UNIFORM HOUSING CODE; REGULATING ALL BUILDINGS AND STRUCTURES, DESIGNED OR INTENDED TO BE USED FOR HUMAN HABITATION; PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF; REPEALING ORDINANCE NO. 88-29 AND ALL OTHER CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has adopted the 1988 edition of the Uniform Housing Code, with certain limited modifications, which currently appears in Section 7.01 and 7.02 of Chapter 3, of the Wylie City Code; and, WHEREAS, an updated version, known as the 1991 edition of the Uniform Housing Code, (UHC) has been promulgated for use by municipalities and other entities; and, WHEREAS, the building official for the City has reviewed the 1991 edition of the UHC and recommends adoption of the same, in toto, without modification or amendment, by the City of Wylie; and, WHEREAS, the City Council has determined in its legislative pact :RI, Ai • such code furthers the best interest of the City; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Sections 7.01 and 7.02 of Chapter 3 of the Wylie City Code, be deleted in their entirety and the following provision inserted therefore: "Section 7.01 Uniform Housing Code "That certain documents, one of which are on file in the office of the City Secretary and open for inspection, being marked and designated as: `Uniform Housing Code', 1991 Edition, published by the International Conference of Building Officials.' 1 be and the same hereby is adopted as the code of the City of Wylie for regulating, all buildings and structures designed or intended to be used for human habitation, the same being fully incorporated herein by reference and made a part hereof as if fully set out in this ordinance." SECTION II The penalties for violations of this ordinance, in addition to those set forth in the UHC, shall be determined by the General Penalty for Violation of Code, as the same now exists or is hereafter amended, in section 1.06 of Chapter 1 of the Wylie City Code. SECTION III That Ordinance No. 88-29 is hereby repealed. SECTION IV 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, or unconstitutional. SECTION V 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 VI 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 VII 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 2 ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11th day of May, 1993. By John W. Akin Mayor A 1-TEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 ORDINANCE NO. BEING AN ORDINANCE OF THE CITY OF WYLIE A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS ADOPTING THE UNIFORM HOUSING CODE 1988 EDITION PROVIDING SEVERABILITY CLAUSE, PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE: BE IT ORDAINED BY BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS THAT SECTION 1. The "Uniform Housing Code" 1988 Edition as published by the International Conference of Building Officials, one (1) copy of which is on file in the City Secretaries office is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. SECTION 2. That the following addition and amendment to the Uniform Housing Code 1988 Edition is hereby approved: in chapter 10 section 1001 (a) General an addition to be numbered (a2) and to be read as follows; (a2) No person shall occupy as owner-occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist which has been declared substandard by the Building Official. SECTION 3. REPEALING CLAUSE - That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY CLAUSE - Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invalid, the same shall not affect the validity of this ordinance as whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 5. PENALTY - Any person firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Five Hundred ($500.00) for each offense, and each day such violation shall continue to exist shall constitute a. separate offense. SECTION 6. PUBLICATION CLAUSE - This ordinance shall take immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PA SED Y THE CITY C NC L THE CITY OF WYLIE, TEXAS, THIS _ VL_ DAY OF __ _,— 1988. Chuck Trimble, Mayor ATTEST: l,aom iFnr�,�� h Carolyn nes ty Secretary t===i SEAL y FAQ tHT�EP�`\``�� iip City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Michael Schmidt DIRECTOR: Community Development DATE REFERENCE NO. SUBJECT 5/4/93 !r Adopt the 1991 Uniform Code of the Abatement of 'f Dangerous Building. SUMMARY OF SUBJECT: To repeal the 1988 Uniform Code of the Abatement of Dangerous Buildings, Ordinace Number 88-28 and adopt the 1991 Uniform Code of the Abatement of Dangerous Buildings. ALTERNATIVES: 1. To approve the request. 2. To deny the request. ACTION REQUESTED: Approval to repeal Ordinance 88-28, Uniform Code of the Abatement of Dangerous Buildings and adopt the 1991 Uniform Code of the Abatement of Dangerous Buildings. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL CIOVER/UNDER PROJECTIONS BY: - OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. - X ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF x CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO C COUNCIL CITY MANAGER ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 3 OF CHAPTER 3 OF THE WYLIE CITY CODE BY ADOPTING THE 1991 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; REGULATING BUILDINGS AND STRUCTURES WHICH MAY ENDANGER THE LIFE, LIMB, HEALTH, MORALS, PROPERTY, SAFETY OR WELFARE OF THE GENERAL PUBLIC OR THEIR OCCUPANTS ; PROVIDING FOR PROCEDURES FOR THE REMEDY AND ABATEMENT OF UNSAFE CONDITIONS; PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF;REPEALING ORDINANCE NO. 88-28 AND ALL OTHER CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has adopted the 1988 edition of the Uniform Code for the Abatement of Dangerous Buildings which currently appears in Section 3.00 of Chapter 3, of the Wylie City Code; and, WHEREAS, an updated version, known as the 1991 edition of the Uniform Code for the Abatement of Dangerous Buildings (UCADB) has been promulgated for use by municipalities and other entities; and, WHEREAS, the building official for the City has reviewed the 1991 edition of the UCADB and recommends adoption of the same, in toto, with out amendment or modification, by the City of Wylie; and, WHEREAS, the City Council has determined in its legislative ca city that adoption of such code furthers the best interest of the City; and, '`- • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE dITY OF WYLIE, TEXAS, as follows: SECTION I That Section 3.00 of Chapter 3 of the Wylie City Code, be deleted in its entirety and the following provision inserted therefore: "That certain documents, one of which are on file in the office of the City Secretary and open for inspection, being marked and designated as: `Uniform Code For the Abatement of Dangerous Buildings', 1991 Edition, published by the International Conference of Building Officials.' 1 be and the same hereby is adopted as the code of the City of Wylie for regulating abatement and repair of buildings and structures which may endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants, the same being fully incorporated herein by reference and made a part hereof as if fully set out in this ordinance. SECTION II The penalties for violations of this ordinance, in addition to those set forth in the UCADB, shall be determined by the General Penalty for Violation of Code, as the same now exists or is hereafter amended, in section 1.06 of Chapter 1 of the Wylie City Code. SECTION III That Ordinance No. 88-28 is hereby repealed. SECTION IV 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, or unconstitutional. SECTION V 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 VI 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. 2 SECTION VII 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 ball it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11th day of May, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Defter City Attorney 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES IN THE CITY OF WYLIE, TEXAS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ORDINANCES NO. 83-15, 84-10 AND 86-3 OF THE CITY OF WYLIE, TEXAS AND ALL OTHER ORDINANCES AND PARTS OR THE ORDINANCES IN CONFLICT THEREWITH; CONTAINING A SEVERANCE CLAUSE; PROVIDING PENALTIES FOR VIOLATIONS; AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS THAT SECTION 1. That Ordinance No. 83-15, 84-10, of the City of Wylie hereby be repealed. SECTION 2. That certain documents, one (1) copy of which is on file in the office of the City Secretary of the City of Wylie being marked and designated as "Uniform Building Code," including appendix chapter 12 but, without Appendix Chapters 1, 11, 23, 26, 32, 38, 49, 51, 53, 55, 57 and 70, 1988 Edition, published by the International Conference of Building Officials, be and the same is hereby adopted as the code of the City of Wylie for regulating the erection, construction, enlargement, alteration,repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City of Wylie providing for issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such "Uniform Building Code," 1988 Edition, and "Uniform Building Code Standards," 1988 Edition, published by the International Conference of Building Officials, one of which is on file in the office of the City Secretary are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. SECTION 3. The Uniform Building Code 1988 Edition is hereby amended by adding thereto in the sections designated the following: in section 1707 a new paragraph (d) to read as follows; (d) In order to abate the proliferation of buildings subject to early and premature deterioration and to reduce fire hazards within this community, all residential and commercial buildings shall be constructed of masonry walls; that is, exterior walls shall be at least seventy-five percent covered with masonry on vertical surfaces, excluding windows, doors, and other normal openings; or with materials with equivalent fire-retardant and structural qualities as approved by the Building Inspector. In section 2309 a new paragraph (c,d,e&f) to read as follows; (c) All wood studs shall be on a maximum of 16 inch centers. (d) All wood ceiling Joists shall have a minimum nominal dimension of 2 inches by 6 inches and shall have maximum spacing of 16 inches as centers. (e) All wood hips and ridges shall be constructed with a minimum nominal 2 inch by 8 inch material except when formed by a truss. (f) All wood shakes and shingles installed on any structure shall be fire retardant treated wood as defined in Section 407 of the Uniform Building Code 1988 Addition. SECTION 4. The "Uniform Code for the Abatement of Dangerous Building" 1988 Edition, published by the International Conference of Building Officials one (1) copy of which is on file in the City Secretary's office is hereby adopted. SECTION 3. REPEALING CLAUSE - That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. SEVERABILITY CLAUSE - Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as whole or any part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 7. PENALTY - Any person firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Five Hundred (S500.00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 8. PUBLICATION CLAUSE - This ordinance shall take effect immediately from and after its passage and publication of its caption, as law in such cases provides. DULY PA SE BY THE CITY ,OU CI L OF THE CITY OF WYLIE, TEXAS, THIS _ _ DAY OF ,it9A8. Luck Trig mb r---. ATTESTi Carolyn nes ty Secretary City of Wylie AGENDA COMMUNICATION SUBMITTED BY• Finance Dept.- Purchasing Div. DIRECTOR• Brady Snellgrove DATE REFERENCE NO. SUBJECT 5/7/93 BFI Proposal for Solid Waste Collection Contract SUMMARY OF SUBJECT: As a result of staff negotiations with representatives of Browning-Ferris,Inc., B.F.I. has submitted proposed rates for a new solid waste collection contract which includes several modifications in the terms and conditions. The rates are based on various levels of service for refuse collection and curbside recycling. The following pages contain the BFI rate proposal, contract terms and conditions and a summary of the modifications to the contract. ALTERNATIVES: 1. Award a new two year contract to B.F.I. based on acceptance of one of several alternate rate proposals and the modified terms and conditions. 2. Continue negotiations with B.F.I. for a more advantageous proposal. 3. Reject B.F.I. proposal and solicit competitive proposals from other contractors. ACTION REQUESTED: Staff recognizes the importance of recycling and the fact that (a) citizen participation is vital to the success of any curbside recycling program, (b) reducing regular refuse collection to once a week is a definite incentive to recycle and (c) twice weekly regular refuse collection offers no such incentive. Staff recommends that Council accept the proposal of Browning-Ferris,Inc. for once a week regular collection and once a week recyclable collection and enter into a two year contract under the agreed upon terms and conditions. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY X DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL MANAGER 06-May-93 CITY OF WYLIE PROPOSAL BY BROWNING-FERRIS INC. BFI City RATE Rate(1) Current Rate $7.43 $10.55 Proposal A: Residential Garbage Collection 2 x Week $7.76 $9.31 Proposal B: 1. Residential Garbage 1 x Week Residential Recycling 1 x Week(Bags) $8.05 $9.60 or with Residential Recycling 1 x Week(Plastic Bins) $8.30 $9.85 2. Residential Garbage 2 x Week Residential Recycling 1 x Week(Bags) $9.06 $10.61 * or with Residential Recycling 1 x Week(Plastic Bins) $9.31 $10.86 3. Residential Garbage 1 x Week With Polycart Residential Recycling 1 x Week $9.55 $11.10 (5 Year Contract) Notes: 1. The City rates include$1.55 per month for debt service on landfill closure. 2. All commercial and industrial rates remain the same to the customer. 3. All proposals with recycling assume Wednesday collection in plastic bags of a color chosen by the City. 4. BFI will spend up to$3,000 per year for promotional and educational costs toward curbside recycling. 5. Plastic bins for recycling costs an additional$0.25 per month. * This amount was originally presented to Council as$11.39. BFI SOLID WASTE PROPOSAL SUMMARY OF CONTRACT MODIFICATIONS Section 3.02, b) : Requires concrete pads for dumpsters, with stipulations for placement and size of pads. Section 4.03 : With reference to the contractor's observance of holidays, requires refuse collection at least once per week. Section 4.05 : Requires dumpsters at food service establishments to be exchanged at least once per year. Section 10.00 : Changes term of contract to two years with options for a one year extension. Section 13.02 : Allows for rate modifications based on increased disposal costs and certain recyclable material legislation. Also limits rate modification requests to once every 12 months. Section 13.03 : Requires contractor to bill and collect for commercial hand collect and shared dumpsters. Section 19.00 : Allows contractor thirty days to remedy any breach in contract performance prior to termination of contract for cause. Section 26.01 : Collection service for City facilities will be provided at no charge. Section 26.02 : In support of spring clean-up, contractor will provide a minimum of ten 30 yard containers and provide free collection and disposal, up to ten hauls. GENERAL SPECIFICATIONS 1.00 DEFINITIONS 1.01 Bags 1.02 Bin 1.03 Bulky Waste 1.04 Bundle 1.05 City 1.06 Commercial and Industrial Refuse 1.07 Commercial and Industrial Unit 1.08 Construction Debris 1.09 Container 1. 10 Contractor 1. 11 Dead Animals 1. 12 Disposal Site 1. 13 Garbage 1. 14 Hazardous Waste 1. 15 Landfill 1. 16 Producer 1. 17 Refuse 1. 18 Residential Refuse 1. 19 Residential Unit 1.20 Rubbish 1.21 Contract Documents 1.22 Stable Matter 1.23 Commercial Hand Collect Unit 1.24 Recyclable Commodities 1.25 Recycling Containers 1.26 Polycart Containers 2 .00 SCOPE OF WORK 3.00 COLLECTION 3.01 Service Provided 3.02 Location of Bins, Containers, Bags and Bundles for Collection 4.00 COLLECTION OPERATION 4.01 Hours of Operation 4 .02 Routes of Collection 4 .03 Holidays 4 .04 Complaints 4.05 Collection Equipment 4 .06 Office 4.07 Hauling 4 .08 Disposal Page - 2 General Specifications 4.09 Notification 4. 10 Point of Contact 5.00 COMPLIANCE WITH LAWS 6.00 EFFECTIVE DATE 7 .00 NONDISCRIMINATION 8.00 INDEMNITY 9.00 LICENSE AND TAXES 10.00 TERM 11.00 INSURANCE 12 .00 BOND 12.01 Collection 12.02 Power of Attorney 13.00 BASIS AND METHOD OF PAYMENT 13.01 Collection 13.02 Modification to Rates 13.03 City to Act as Collector 13.04 Delinquent and Closed Accounts 13.05 Contractor Billing to City 14.00 TRANSFERABILITY OF CONTRACT 15.00 EXCLUSIVE CONTRACT 16.00 OWNERSHIP Page - 3 General Specifications 17 .00 FRANCHISE FEE 18.00 BOOKS AND RECORDS 19.00 TERMINATION FOR CAUSE 20.00 NOTICES 21.00 APPROVAL 22.00 AMENDMENT 23.00 FORCE MAJEURE 24 .00 SEVERABILITY 25.00 ENTIRE CONTRACT 26.00 SPECIAL PROVISIONS 26.01 Bin Collection Service 26.02 Spring Clean-Up Campaign Page - 4 General Specifications 1.00 DEFINITIONS 1.01 BAGS - Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 35 pounds. 1 .02 BINS - Metal receptacle designed to be lifted and emptied mechanically for use only at commercial and industrial units. 1.03 BULKY WASTE - Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than construction debris, dead animals, or hazardous waste with weights or volumes greater than those allowed for bins or containers, as the case may be. 1.04 BUNDLE - Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding three feet in length or 35 lbs. in weight. 1 .05 CITY - City of Wylie, Texas. 1.06 COMMERCIAL AND INDUSTRIAL REFUSE - All bulky waste construction debris, garbage, rubbish generated by a producer at a commercial and industrial unit. 1.07 COMMERCIAL AND INDUSTRIAL UNIT - All premises, locations or entities, public or private, requiring refuse collection within the corporate limits of the City not a residential unit. 1.08 CONSTRUCTION DEBRIS - Waste building materials resulting from construction, remodeling, repair or demolition operations. 1.09 CONTAINER - A receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a container and its contents shall not exceed 60 lbs. 1. 10 CONTRACTOR - The person, or partnership performing refuse collection and disposal under the contract with the City. Page - 5 General Specifications 1. 11 DEAD ANIMALS - Animals or portions thereof equal to or greater than 10 lbs. in weight that have expired from any cause, except those slaughtered or killed for human use. 1 . 12 DISPOSAL SITE - A refuse depository including but not limited to the landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive refuse and/or dead animals for processing or final disposal. 1. 13 GARBAGE - Any and all dead animals of less than 10 lbs. in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing consumption, dealing in, handling, packing, canning, storage transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, that used in tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents) ; except (in all cases) any matter included in the definition of bulky waste, construction debris, dead animals, hazardous waste, or rubbish. 1. 14 HAZARDOUS WASTE - Any chemical, compound, mixture, substance or article which is designated by the United States Environments Protection Agency or appropriate agency of the State to be "hazardous" as that term is defined by or pursuant to Federal or State law. 1. 15 LANDFILL - A facility used by the contractor where trash and garbage are disposed of by burying between layers of earth. 1. 16 PRODUCER - An occupant of a commercial industrial unit or a residential unit who generates refuse. 1. 17 REFUSE - This term shall refer to residential refuse and bulky waste, construction debris generated at a residential unit, unless the context otherwise requires, and commercial and industrial refuse. 1. 18 RESIDENTIAL REFUSE - All garbage and rubbish generated by a producer at a residential unit. Page - 6 General Specifications 1. 19 RESIDENTIAL UNIT - A dwelling within the corporate limits of the City occupied by a person or group of persons comprising no more than four families. A residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less contiguous or separate single-family dwelling units, shall or less contiguous or separate single-family dwelling units, shall be treated as a residential unit, except that each single- family dwelling within any such residential unit shall be billed separately as a residential unit. 1.20 RUBBISH - All waste wood, wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, flood sweeping, glass, mineral or metallic substances, and any and all waste, construction debris, dead animals, garbage, or hazardous waste. 1 .21 CONTRACT DOCUMENTS - The request for Proposals, Instructions to Proponents, Contractor's Proposal, General Specifications, the Agreement, Performance Bond and any addenda or changes to the foregoing documents agreed to by the City and the Contractor. 1.22 STABLE MATTER - All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry, or livestock. 1.23 COMMERCIAL HAND COLLECT UNIT - A retail or light commercial type of business which generates no more than 14 30 gal. bags or containers of refuse per week. 1.24 RECYCLABLE COMMODITIES - Material collected by the contractor pursuant to the contract documents, which can be sold in a spot or future market for processing and use or reuse including, but no limited to, newsprint, plastic (pet and hdpe) , glass containers, aluminum cans and metal (tin) cans. 1.25 RECYCLING CONTAINER - A plastic receptacle, designed for the purpose of curbside collection of recycling Page - 7 General Specifications commodities, with minimum capacity of 18 gallons. Containers shall be of a type currently utilized in other municipal recycling programs. 1.26 POLYCART CONTAINER - A pneumatic wheeled container, having a minimum capacity of 95 gallons, designed for automated or semi-automated solid waste collection systems; (Otto Industries, Inc. - Model MSD-95 or equal) . Construction shall be injection molded polyethylene. 2 .00 SCOPE OF WORK The work under this contract shall consist of the items contained in the proposal including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the contract documents. 3.00 COLLECTION 3.01 SERVICE PROVIDED a) Contractor shall provide curb side collection service for the collection of residential refuse to each residential unit twice per week according to bid. Bags, containers and bundles shall be placed at curb side by 7:00 A.M. on the designated collection day. b) Contractor shall provide bin collection service for the collection of commercial and industrial refuse to commercial and industrial units according to individual agreements. The contractor shall provide commercial hand collection service for commercial hand collect units as define in 1.23 of definitions. c) Contractor shall provide transportation of collected refuse to the landfill site for disposal, which responsibility is solely that the landfill operator. d) The contractor shall provide for the special collection from residential units of bulky waste. Also, the contractor may from time to time provide for the special collection of dead animals and hazardous waste at commercial and industrial units and residential units at its sole discretion and upon such terms as contractor shall specify. (See Para. 13.01 B) Page - 8 General Specifications e) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, hurricane or similar or different act of God over which the Contractor has no control. In the event of such a flood, hurricane or other act of God, the Contractor and the City will negotiate the payment to be made to the Contractor. Further, if the City and the Contractor reach such agreement, then the City shall grant the Contractor variances in route and schedules as deemed necessary by the Contractor. 3.02 LOCATION OF BINS, BAGS, CONTAINERS AND/OR BUNDLES FOR COLLECTION a) Each bag, container, and/or bundle shall be placed at curb side for collection. Curb side refers to that portion of right-of-way adjacent to paved or traveled City roadways. Bags, containers, and/or bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, bags, containers, and/or bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any bag, container, and/or bundle not so placed. b) Contractor shall provide bins for commercial and industrial units whenever customers request their use. Each bin shall be placed in an accessible, outside location on a concrete pad according to individual agreement. Contractor may decline to collect refuse in bins not so placed. Placement of bin and size/construction of concrete pad shall be such that the front wheels of collection vehicles shall rest entirely on the pad while bin is lifted and emptied. 4 .00 COLLECTION OPERATION 4 .01 HOURS OF OPERATION a) Collection of residential refuse shall not start before 7 :00 A.M. or continue after 7:00 P.M. on the same day. Exceptions to collection hours shall be effected only upon the mutual agreement of the City and contractor, or when contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. Page - 9 General Specifications b) Collection of commercial and industrial refuse shall take place according to individual agreement. 4 .02 ROUTES OF COLLECTION a) Residential and Commercial collection routes shall be established by the contractor. Contractor shall submit a map designating the residential unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. City shall publish at its expense at least once during each calendar year a map of such residential unit collection routes in a newspaper published in the immediate area. The published map shall be of such size to clearly show all pertinent information. The contractor may from time to time propose to City for approval changes in routes or days of collection affecting residential units, which approval shall not be unreasonably withheld. Upon City's approval of the approved changes, City shall promptly give written or published notice to the affected residential units. b) Commercial and residential unit collection routes shall be established by the contractor at its sole discretion. 4 .03 HOLIDAYS - The following shall be holidays for purposes of this contract: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Contractor may decide to observe any or all of the above- mentioned holidays by suspension of collection services on the holiday, but such decision in no manner relieves contractor of his obligation to provide refuse collection service at residential units at least once per week. 4 .04 COMPLAINTS - All complaints shall be made directly to the contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the refuse not collected within 24 hours after the complaint is received. Page - 10 General Specifications 4 .05 COLLECTION EQUIPMENT - The contractor shall provide an adequate number of vehicles for regular collection services. All vehicles, bins and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the contractor. Bins for Food Service Establishments shall be exchanged at least one time per year. 4 .06 OFFICE - The contractor shall maintain an office of such other facilities through which he can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 A.M. to 5:00 P.M. Monday through Friday. 4 .07 HAULING - All refuse hauled by the contractor shall be so contained, tied or enclosed that leaking, spilling or blowing are reasonably prevented. 4 .08 DISPOSAL - All refuse collected for disposal by the contractor shall be hauled to a landfill or other disposal site. 4 .09 NOTIFICATION - The City shall notify all producers at residential units about complaint procedures, rates, regulations, and days for scheduled refuse collection. 4 . 10 POINT OF CONTACT - All dealings, contacts, etc. , between the contractor and the City shall be directed by the contractor to the City Manager or Finance Director. 5.00 COMPLIANCE WITH LAW The contractor shall conduct operations under this contract in compliance with all applicable laws; provided, however, that the general specifications shall govern the obligations of the contractor where there exist conflicting ordinances of the City on the subject. 6.00 EFFECTIVE DATE This contract shall be effective upon the execution of the contract and performance of such contract shall begin on 7 .00 NONDISCRIMINATION Page - 11 General Specifications The contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin. 8.00 INDEMNITY The contractor will indemnify, save harmless, and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, cost, expenses, and attorneys' fees incident to any work done in the performance of this contract arising out of a willful or negligent act or omission of the contractor, its officers, agents, servants and employees; provided, however, that the contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees. 9.00 LICENSES AND TAXES The contractor shall obtain all licenses and permits (other than the license and permit granted by the contract) and promptly pay all taxes required by the City and by the State. 10.00 TERM The contract shall be for a two (2 ) year period beginning upon the execution of the contract and ending two (2) years thereafter. The initial term of this contract may be extended for successive additional one ( 1) year terms with the mutual agreement of both parties. 11.00 INSURANCE The contractor shall at all times during the contract maintain in full force and effect employer's liability, worker's compensation, public liability and property damage insurance, including contractual liability coverage for the provisions of Section 8.00. All insurance shall be by insurers and for policy limits acceptable to the City; and, before commencement of work hereunder, the contractor agrees to furnish the City Page - 12 General Specifications certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the cer- tificate holder, thirty (30) days prior written notice will be given the certificate holder" . For the purpose of the contract, the contractor shall carry the following types of insurance in at least the limits specified below: Coverage Limits of Liability Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 each aggregate Property Damage Liability $500,000 each occurrence Except Automobile $500,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Excess Umbrella Liability $5,000,0000 each occurrence As an alternative to the above, contractor may insure the above public liability and property coverage under a plan of self insurance. Each insurance policy with respect to public liability insurance may provide for a self-insured retention of an amount of $250,000 with the result that the contractor is its own insurer to the extent. The coverage may be provided by the contractor's parent corporation. The contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self- insurance. 12.00 BOND Page - 13 General Specifications 12.01 PERFORMANCE BOND - The Contractor will be required to furnish a corporate surety bond as security for the performance of this Agreement. Said surety bond must be in the amount of $100,000.00, with no pro rata reduction over the term of the Agreement. 12 .02 POWER OF ATTORNEY - Attorneys-in-fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. 13.00 BASIS AND METHOD OF PAYMENT 13.01 COLLECTION a) For collection service required to be performed pursuant to Sections 3.01 (a) - (b) , the charges shall not exceed the rates as shown on EXHIBIT "A" , as adjusted in accordance with Section 13.02 . b) For special collection provided by the Contractor pursuant to Section 3.01 (d) , the charges are to be negotiated between the contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. 13.02 MODIFICATION TO RATES - The Contractor may adjust the rates contained herein during the term of this Agreement to fully cover increases in costs resulting from (i) changes in any laws, ordinances, regulatory requirements or guidelines (including changes in construction or interpretation thereof or change in the manner or method of enforcement thereof) , or (ii) order, judgment or directives of any court or governmental body of intrumentality thereof; (iii) increased costs due to changes in location of disposal facilities and/or increases in disposal costs. Should it's operation costs increase, the Contractor may petition the City for rate adjustments no more than once every 12 months during the term of this contract. Any proposed rate adjustment shall be submitted to City as soon as practicable and be accompanied by adequate cost justification and documentation to allow for proper review by the City, which petition shall not be unreasonably denied. If recycling is included, and in the event any future federal, state or local law reduces the amount of recyclable material provided pursuant to this Contract for Page - 14 General Specifications collection and disposal, then Contractor and the City shall mutually agree to modify the rates accordingly 13.03 CONTRACTOR TO ACT AS COLLECTOR - he Contractor shall submit statements to and collect from all commercial and industrial units for services provided by the contractor pursuant to Section 3.01 (b) - (d) (including commercial- hand collect and shared dumpsters) . 13.04 DELINQUENT AND CLOSED ACCOUNTS a) The contractor shall discontinue refuse collection service at any residential unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the contractor shall resume refuse collection on the next regularly scheduled collection day. The City shall indemnify and hold the contractor harmless from any claims, suits, damages, liabilities or expenses (including but not limited to expenses of investigation and attorney's fees) resulting from the contractor's discontinuing service at any location at the direction of the City. b) The contractor shall have the right to discontinue refuse collection service at any commercial and industrial unit delinquent in its payments. 13.05 CONTRACTOR BILLINGS TO CITY - The contractor shall bill the City for service rendered to residential units within ten ( 10) days following the end of the month and the City shall pay the contractor on or before the 15th day following the end of such month. Such billing and payment shall be based on the price rates and schedules set -.* forth in the contract documents. The contractor shall be entitled to payment for services rendered to residential unit irrespective of whether or not the City collects from the customer for such service. 14 .00 TRANSFERABILITY OF CONTRACT No assignment of the contract or any right accruing under this contract shall be made in whole or in part by the contractor without the express written consent of the City, which consent shall not be unreasonably withheld. In the event of any assignment, the assignee shall assume the liability of the contractor as though it was the original contracting party. Page - 15 General Specifications 15.00 EXCLUSIVE CONTRACT The contractor shall have the sole and exclusive franchise, license and privilege to provide refuse collection and removal within the corporate limits of the City. The contractor shall at all times have the right to first refusal to the collection of dead animals and hazardous waste from residential units and from commercial and industrial units. 16.00 OWNERSHIP Title to refuse and dead animals shall pass to the contractor when placed in contractor's collection vehicle, removed by contractor from a bin or container, or removed by contractor from the customer's premises, whichever last occurs. 17 .00 FRANCHISE FEE The Contractor shall pay to the City fifteen percent ( 15%) of all amounts received by the Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 25th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. 18.00 BOOKS AND RECORDS The City and the Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 13.02 . 19.00 TERMINATION FOR CAUSE Page - 16 General Specifications If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City shall notify Contractor by registered or certified mail addressed to the Contractor at the address set forth herein of specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the date of receipt of said notice from City to remedy any failure to perform. Should the City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no earlier than 10 days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Should the City still deem Contractor to have failed in its performance, said hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate refuse collection service for the City, the City Council may be two-thirds vote terminate this Contract. 20.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: if the City, at: P.O. Box 428 Wylie, Texas 75098 Attn: City Secretary if the Contractor, at: Page - 17 General. Specifications or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 21.00 APPROVAL This Contract shall not be considered fully executed nor binding on the City or the Contractor until the same shall have been executed by the Contractor, the Mayor and the City Secretary of the City. 22.00 AMENDMENT All provisions of this Contract shall be strictly complied with and conformed to by the Contractor, and no amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. 23.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, the Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, Act of God or other similar or different contingency beyond the reasonable control of the Contractor. 24 .00 SEVERABILITY In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 25.00 ENTIRE CONTRACT This Contract constitutes the entire understanding Page - 18 General Specifications between the parties hereto and cancels and supersedes all prior negotiations, representation, understandings and agreements, either written or oral, with respect to the subject matter hereof. 26.00 SPECIAL PROVISIONS 26.01 Bin collection service for City of Wylie facilities shall be provided at no charge. 26.02 Spring Clean-Up Campaign a) Contractor shall provide a minimum of ten ( 10) 30 cubic yard containers in multiple locations. b) Contractor shall provide free collection/disposal up to 10 hauls of 30 cubic yards. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Mi rhael Srhmi nit DIRECTOR: Community DevP1 npment DATE REFERENCE NO. SUBJECT 5/5/93 Request from Harold Hurst: Zone change from Multi-Family to Agriculture. SUMMARY OF SUBJECT: Hear a request from Harold Hurst to rezone a 6.48 acre tract of land from Multi-Family to Agriculture. This tract of land is located in the J. D. McUlmurrey Survey, Abstract No. 629 situated in the City of Wylie. Land situated around the above named tract of land is zoned Multi-Family and is vacant. Mr. Hurst is requesting this zone change in order to put a "Ranchette" on this property. This tract is so far north of the City that it will be unusable for years at its current zoning classification. ALTERNATIVES: 1. To approve the zone change. 2. To deny the zone change request ACTION REQUESTED: Approval of zone change from Multi-Family to Agriculture as recommened by the Planning and Zoning Commission. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: x BACKGROUND MEMO x MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER X MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: _.m X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF X CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC x BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CI M AGER '•::.." 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'' ...': : -":::'.::::*-7,...-..:".. . iiiiiiiiiiiiiiiii 04444,4.,...i.44,sys,. • ii.:::::-i.--:-:::"-:-.''':.:::::.1:i 1 : •,1:11:;: ;11.11!v1111.,11111,1;!ii.,iii1111.1..i.1;:::1.1:ii..1 .,_ • • :::-..---....----.::.:-..-::::::.-:.--.- -:: .-.::.:::-::-:.r:::•::.::.:::•-•••••••AiliiiliyiyAltiNeefkiefigigisrigl 444444444444mA, . • • ::..-::.,:.:::-.:-::-.:::.-..:.-.,..:,.....:;.14,,_,,, ,.,. , , , ,niiiiii,i,n4i.ii.miiiiiiiiiiiiiiiiiiiii -::-5.7-:::::•::::::-:.::::::::...:.::. .. :-.. . . . • • . ; , •:'-'141144111114iYiitiii+i11141111114-i- ,, , , , , , ,f,. ,:•:::::-:::-...-------- . - .. -„....,,,,:Ailii..t,i4,111-• . ..... :_,, . ,, , ,„..,,„,„ , • • . . • . - -- 0.3/L 41 7 3 1(:l71 L 14.:(L e 7 7 7 worts[ CJINJ 4 rT,a_ Cod. r» Thomas M. I aniel, Engineer 615 MAIN ST. 12141 27c.4314 GARLAND TEXAS 75040 March 23, 1993 LEGAL DESCRIPT 'N OF PROPERTY FOR ZON G CASE -. CITY OF IE TEXAS A tract of land located in the J. D. Mc , 'REY SURVEY, ABSTRACT NO. 629 situated in the City of Wylie, Collin County, Tex s and being out of a 39.532 acre tract described in Substitute Trustee's Deed a filed in Volume 3525 at Page 022 of the Deed Records of Collin County, Texas and being a part of a 32.557 acre tract de- "" scribed in Deed to Kenneth W. Martin as ecorded in Volume 1169 at Page 656 of the Deed Records of Collin County, Texas and a 32.555 acre tract described in Deed to Kathleen M. Moore recorded in Volume 116. at Page 660 of the Collin County Deed Re- - cords and being more particularly descried as follows: CNCING at a stake set in the centerl ne of Shore Drive, a 60 foot street as platted in Lakeway Business Park, an add tion to the City of St. Paul, Collin County, Texas, said Lakeway Business Par filed in Cabinet G at Slide 11 of the Map and Plat Records of Collin County, T xas; Thence South 00 deg. 05 min. 08 sec. West with fence line and East line of a . .00 acre tract conveyed to Louis 'Gentry by deed as recorded in Volume 1170 at pa e 596 of the Deed Records of Collin County, Texas, 113.72 feet to stake for orner and Place of Beginning,, said point also being the Southwest corner of a 4.8.0 acre tract and being on the North line of said Abstract No. 629 and the South 1 ne of said Abstract No. 56; THENCE South 00 deg. 05 min. 08 sec West with the West line of said 39.532 acre tract and old fence line 337.9; feet to iron stake set at fence corner for corner; THENCE North 88 deg. 33 min. 36 sec East with old tree line and South line of said 39.532 acre tract 846.41 fe-t to iron stake for corner and being the Southeast corner of said 39.532 acr- tract; THENCE North 00 deg. 28 min. 06 sec West with proposed extension of Lavon Parkway, 330.77 feet to point for •rner being the Southeast corner of said 4.880 acre tract, said point being •n the North line of Abstract No. 629 and being the North line of City of Wy e and the South line of City of St. Paul per City Boundary Agreement dated .ril 8, 1975, filed in Volume 953 at Page 762 of the Deed Records of Collin •aunty, Texas; THENCE South 89 deg. 02 min. 30 se• West with City Boundary line end North line of Abstract No. 629 and South ine of 4.880 acre tract, 843.06 #eet to Place of Beginning and containing •.48 acres of land, more or less. • tom, fi.. .. Profenafie* _ '�io -259_27. " ed Professional Lad`�Snrveyor'�Nc.•2575 Wee: 'ems 1f as OW and provided t0 1ffi.x' HD fi.e]d ueiicvisec aiimed • tide t1�. - um 17ra-R- I 3 N IJ i" E O. THE PLANNING AND ZONING COMMISSION MET IN REGULAR SESSION AT 6:30 P.M. MONDAY, APRIL 19, 1992 IN THE COUNCIL CHAMBERS OF THE MUNICIPAL COMPLEX. A QUORUM WAS PRESENT AND A NOTICE WAS POSTED IN THE TIME AND MANNER REQUIRED BY LAW. THOSE MEMBERS PRESENT WERE: VICE CHAIRMAN, BART PEDDICORD, BILLY MILLS, RICHARD ECKMAN, CLEO ADAMS, BOBBY JENNINGS AND MIKE HAWKINS. STAFF MEMBERS PRESENT WERE: BUILDING OFFICIAL, MICHAEL SCHMIDT; AND SECRETARY, NITA MORROW, MEMBERS ABSENT: CHAIRMAN, GILBERT WELCH, EXCUSED. ITEM NO. 1: CONSIDER APPROVAL OF MINUTES OF THE APRIL 5, 1993 REGULAR BUSINESS MEETING: A MOTION WAS MADE BY BILLY MILLS AND SECONDED BY BOBBY JENNING TO APPROVE THE MINUTES AS SUBMITTED WITH NO CORRECTIONS OR ADDITIONS. MOTION CARRIED ALL IN FAVOR. (6 VOTES) ITEM NO. Z: HOLD A PUBLIC HEARING FOR A REQUEST FROM HAROLD HURST TO REZONE FROM MULTI-FAMILY TO AGRICULTURE A TRACT OF LAND LOCATED IN THE J. D. MC ULMURREY SURVEY. ABSTRACT NUMBER 629 SITUATED IN THE CITY OF WYLIE: VICE CHAIRMAN PEDDICORD OPENED THE PUBLIC HEARING: HAROLD HURST OF 21 CLIPPER CIRCLE, FRISCO, TEXAS, POSSIBLE FUTURE OWNER OF THE PROPERTY IN QUESTION, SPOKE IN FAVOR OF THE ZONE CHANGE. VICE CHAIRMAN PEDDICORD CLOSED THE PUBLIC HEARING. ITEM NO. 3: CONSIDER APPROVAL FOR A REQUEST FROM HAROLD HURST TO REZONE FROM MULTI-FAMILY TO AGRICULTURE A TRACT OF LAND LOCATED IN THE J. D. MC ULMURREY SURVEY, ABSTRACT NUMBER 629 SITUATED IN THE CITY OF WYLIE: AFTER THE PLANNING AND ZONING MEMBERS DISCUSSED THE ZONE CHANGE, A MOTION WAS MADE BY MIKE HAWKINS AND SECONDED BY BOBBY JENNINGS TO APPROVE TO GO BEFORE THE CITY COUNCIL A TRACT OF LAND LOCATED IN THE J. D. MC ULMURREY SURVEY, ABSTRACT NUMBER 629, TO BE REZONED FROM MULTI-FAMILY TO AGRICULTURE. MOTION CARRIED, ALL IN FAVOR. (6 VOTES) ITEM NO. 4: CITIZEN PARTICIPATION: NONE. ITEM NO. 5: ADJOURN: VICE CHAIRMAN PEDDICORD ADJOURNED THE REGULAR BUSINESS MEETING. MOTION CARRIED, ALL IN FAVOR. (6 VOTES) RESPECTFULLY SUBMITTED: Bart Peddicord, Vice Chairman Nita Morrow, Secretary ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION A 6.48 ACRE TRACT IN THE J.D. McULMURREY SURVEY, ABSTRACT NO. 629, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED ADJACENT TO THE NORTH OF NEWPORT HARBOR SUBDIVISION IN THE EXTREME NORTHWEST CORNER OF THE CORPORATE LIMITS OF THE CITY OF WYLIE, FROM MULTI-FAMILY "MF" TO AGRICULTURAL"A";AMENDING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13), AND ORDINANCE, AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the zoning of the property herein described was established as "MF" Multifamily by virtue of Ordinance 85-80 passed and adopted on November 12, 1985; and, WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the Multi-family zoning of the subject property, which it now enjoys; and, WHEREAS, the owners of the property have properly filed a request with the City to change the zoning classification from "MF" Multi-family to "A"; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the request for change in zoning classification be granted; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed changed and voted in open meeting to approve the same; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the property described on the attached Exhibit A (which is fully incorporated herein by reference) from "MF" Multi-family District to "A" Agricultural District. SECTION II That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION III Any person violating the provisions of this ordinance, or any part hereof, shall be guilty commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION IV 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, or unconstitutional. SECTION V 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 VI That all other ordinances and code provisions in conflict herewith, specifically including without limitation that portion of Ordinance 85-80 which established the zoning as hereinabove referenced, are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII 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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11th day of May, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney City of Wylie AGENDA COMMUNICATION SUBMITTEDBY: LEGAL DEPARTMENT DIRECT•R: STEVEN P. DEITER .tea_ DATE REFERENCE NO. SUBJECT 5-5-93 7 DISANNEXATION OF BAIR PROPERTY - S . HWY 78 - SUMMARY OF SUBJECT: THE BAIR'S PROPERTY IS ON S . HWY 78 AND WAS INVOLUNTARILY ANNEXED INTO THE CITY IN MAY OF 1986 . THE CITY HAS NOT PROVIDED SEWER AND WATER SERVICES TO w THE PROPERTY IN 7 YEARS FOLLOWING THE ANNEXATION . BAIRS HAVE REQUESTED THAT THE PROPERTY BE DISANNEXED FOR NON-PROVIS'ION OF x- SERVICES, BUT CANNOT FORCE THE DISANNEXATION AS THEY ARE NOT RESIDENTS OF THE CITY AND DO NOT HAVE STANDING TO FILE A PETITION FOR DISANNEXAATION . THE COUNCIL MAY GRANT THE ANNEXATION REQUEST IF IT SO DESIRES WITHOUT PETITION NOTICE OR HEARING UNDER A PROVISION OF THE LOCAL GOVERNMENT(ODE ALTERNATIVES: 1) PASS ORDINANCE DISANNEXING THE APPROXIMATELY THREE ACRES FROM THE CITY 2) DECLINE REQUEST FOR DISANNEXATION BY VOTE OF COUNCIL (NO ORDINANCE NECESSARY) ACTION REQUESTED: AS NOTED IN THE ATTACHED MEMORANDUM THE ACTION TO BE TAKEN WILL BE DETERMINED BY THE COUNCIL/THE ONLY REQUEST IS THAT COUNCIL TAKE ACTION TO EITHER GRANT THE REQUEST BY PASSAGE OF THE DISANNEXING ORDINANCE OR DENYING THE REQUEST BY MAJORITY VOTE OF THE COUNCIL ,7 REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 • S CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: N. d . SUPPORTING DOCUMENTS: x x x x BACKGROUND MEMO MINUTES LETTER C.I.P. XX ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER xX MAP. PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: _ CITY MANAGER DIRECTOR OF PARKS/REC. X X CITY SECRETARY DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF — CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISS N TO CITY COUNCIL MANAGER MEMORANDUM TO: City Council FROM: Steve Deer I SUBJECT: Disannexation of B. Property - S. Hwy 78 DATE: May 3, 1993 The Council has previously received a request, in the form of a personal appearance of Mrs. Bair at the February 23, 1993 Council meeting, that her property be disannexed from the City. In following up on her request I found that they could not force the City to disannex them because they were not residents of the City. However the City could grant the request for disannexation if it so desired (see attached March 9, 1993 Memo for further background). I have received several requests from Mrs. Bair to have the Council take action on her request for disannexation and have advised the Council of the requests. She has also called the Mayor with her request to be heard and the Mayor, in response, has suggested to me that the matter be placed on an agenda for Council's consideration. I am forwarding herewith an Ordinance which would grant the disannexation request. My submitting the ordinance is not a suggestion or recommendation that the Council should pass the same and disannex the property. Whether the request should be granted and the disannexation ordinance passed is within the sound discretion of the Council. I would suggest that the issue turns on policy considerations rather than legal ones, as there is no question as to the legality of granting or denying the request - either is perfectly lawful. I have prepared the ordinance so that the Council could take action to grant the request when it is considered, if in fact that is what the Council determines is the proper action to take. On the other hand if the Council determines that the proper action is to deny the request no Ordinance is necessary just a vote of the Council. Should any of you require any further information or follow up on my part please advise. cc: Steve Norwood 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING LOT 13 OF R.D. NEWMAN SURVEY, ABSTRACT NO. 660, COLLIN COUNTY, TEXAS AND CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE ACCORDINGLY; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City annexed, on an involuntary basis the following described property, to wit: Lot 13 of R.D. Newman Survey, Abstract No. 660, Collin County, Texas (herein referred to as the subject property) on or about the 13th day of May, 1986 by virtue of Ordinance No. 86-50, which was duly passed and adopted on said date; and, WHEREAS, the subject property has remained in the City from and after its annexation thereto, but the City has failed to provide municipal water and sewer services to the subject property in the seven years following its annexation and such property continues to be without such services as of this date; and, WHEREAS, Robert Bair and Linda Bair (Owners), owners of the subject property, have requested that the same be disannexed from the City of Wylie due to the City's failure to provide the municipal services as aforesaid; and, WHEREAS, the Owners are not registered voters of the City of Wylie and therefore do not have standing to petition the City, and force disannexation of the subject property, pursuant to Section 43.141 of the Texas Local Government Code (LGC); and, WHEREAS, the City Council fmds that the subject property meets the qualifications of Section 43.145 of the LGC in the following particulars: a. The City has a population of 4,000 or more; and, b. The City and the subject property are located in Collin County which has a population of more than 205,000; and, c. The subject property is composed of at least three contiguous acres that are unimproved and adjoining municipal boundaries; and therefore may be discontinued as a part of the City, pursuant to said Section 143.145; and, 1 WHEREAS, the City Council has further determined that the interests of the City and its citizens would be best served by disannexation of the subject tract; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the subject property, as hereinabove described, and designated on the plat map attached hereto as Exhibit A, should be, and the same hereby is, disannexed from the corporate limits of the City of Wylie, and the City's boundaries are contracted accordingly. SECTION II That upon adoption of this ordinance, the City Council shall enter in the minutes of the City and Order discontinuing the area. SECTION III That it is the intent of this ordinance to disannex all of the aforesaid Lot 13, as the same currently exists, and in the event the said Lot 13 has different dimensions this date that when annexed this Ordinance shall be effective as to that property currently described as Lot 13. SECTION IV 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, or unconstitutional. SECTION V 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. 2 SECTION VI 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, specifically including without limitation Ordinance No. 86-50 and the territory annexed thereby, shall be unaffected by the provisions hereof except as to the subject property as herein identified. SECTION VII 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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11 th day of May, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 A-841 • i I ZZIna.46. I 3 ' . 4 1 cirry Law vitt, i• )11)4 K��o '1t�l . ar,• aoa • 3 L�_—._ \ 414 0 0 = O y i il .. a \ "\1*. r. 111 v•4 ...�. > c (1g • GLEN KNOLL Y 'yam' ° C� e a n a MOBIL HOME PARK CITY WYLlE '` ! 39.78 AC C i • OYNN II. MIN4All. _..�.,,.—� 1985 S. jk. i' 31 :--'`i 15 / /'••�,..\ - �8 ` �, �. :� l olc • L - - - -- — - - — - -- -- --•- - — -- —.--_ . . ...-. _ KITTNER :GEORGE LEWIS INC. 29.51AC 1. � .. •-.•::1 . 44 AC AL KITTNEFry `' GEORGE LEWIS INC. 1 Q6.197 AC GEORGS L�EC IS INC. 96.034 AC '� GEORGE LEWIS INC. • .' 89.84 AC _ ` -4 I: MEMORANDUM TO: City Council ANVIIIPP FROM: Steve Deiter Agi SUBJECT: Disannexation o- Bair Property - S. Hwy 78 DATE: March 9, 1993 Linda Bair of 406 Rustic Circle, Richardson, Texas, addressed the Council at its last meeting requesting that her property (which is adjacent to the Lott property that was recently disannexed) be disannexed for failure to provide services. Her property is indicated as Lot 13 on the attached map. For reference_purposes the Lott property was Lot 14. I spoke with Mrs. Bair following the meeting and assured her that I would follow upon her request by preparing the appropriate paper work. In so doing I assumed her case would be similar to that of the Lott's and the current one involving the Parker road residents. That is, she could publish notice of the disannexation (on the property and in the paper), file a petition and affidavits of publication with the City, all pursuant to Section 43.141 of the Local Government Code. Section 43.141 governs procedures for disannexation as a matter of right, when the City annexed the property on an involuntary basis and then fails to provide water and sewer services. The section has a requirement that anyone filing a petition for disannexation be a registered voter of the City. As noted above the property owner resides in Richardson and cannot be a registered voter of Wylie, consequently cannot properly file a petition for disannexation. Practically speaking this means that they could not force the City to disannex them. On the other hand I am of the opinion that the City could grant disannexation if it so desires. Such disannexation could be done under the City's general power, as exercised through the City Council, to disannex property from the City. However, there is a specific disannexation statute, Section 43.145, which would apply and serve as a mechanism to accomplish disannexation. I have attached a copy of the statute for your information and review. The bottom line is that the request is one in which the Council may properly grant, but is not required to. Therefore I am soliciting direction from the Council as to what, if any, further action you require to take on the request. cc: Steve Norwood City of Wylie AGENDA COMMUNICATION SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: STEVEN P . DEITER DATE REFERENCE NO. SUBJECT is 5-6-93 57 DISANNEXATION OF DAVIS PROPERTY (VINSON RD) w SUMMARY OF SUBJECT: DAVIS ' RECENTLY PURCHASED A TEN ACRE WHICH IS LOCOCATED ACROSS THE ROAD TO THE NORTH OF THE LAKE RAY HABBARD MHP . THEY HAVE REQUESTED DISANNEXATION DUE TO THE CITY ' S NON-PROVISION OF MUNICIPAL SERVICES . SINCE THEY DO NOT RESIDE ON THE SUBJECT TRACT THEY CANNOT FORCE THE DISANNEXATION. THE COUNCIL MAY GRANT THE DISANNEXATION REQUEST IF IT DESIRES TO DO SO UNDER THE PROVISIONS OF SECTION 43 . 145 OF THE LGC . THIS SECTION DOES NOT REQUIRE THE FAILURE TO PROVIDE SERVICES AS A PREREQUISITE TO DISANNEX.ATION. ALTERNATIVES: A) PASS ORDINANCE DISANNEXING THE SUBJECT TRACT FROM THE CITY B) . DECLINE REQUEST FOR DISANNEXATION BY VOTE OF COUNCIL (NO ORDINANCE NECESSARY) ACTION REQUESTED: • ACTION TO BE TAKEN IS POLICY MATTER WHICH MUST BE DETERMINED BY COUNCIL, THEREFORE NO RECOMMENDATION, AS TO WHICH ACTION SHOULD BE TAKEN, IS MADE. EITHER ACTION IS FULLY PERMISSABLE AND LAWFUL . ° REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S k PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: xxx BACKGROUND MEMO MINUTES LETTER C.I.P. XXX ORDINANCE/RgRQkW IAA OTHER BUDGET WYLIE CODE OTHER XXX MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: XX CITY MANAGER DIRECTOR OF PARKS/REC. X X X CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF xx CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM TO: City Council FROM: Steve Deiter ���9pr SUBJECT: Disannexation of D s Property DATE: May 5, 1993 At the April 13, 1993 council meeting David Davis came before the Council to request disannexation of his land, located across the road north from Lake Ray Hubbard MHP. As the matter was brought up in the public participation portion of the meeting no action was taken. The tract which they are requesting disannexation for is approximately 10 unimproved acres and was brought into the City on the request the then owner in 1985. The City has not provided municipal services to the area (note that the area is within Eastfork WSC jurisdiction for water and further note existing City sewer line to MHP across road) and the property could be forcibly disannexed from the City if a majority of the qualified voters of living on the land properly petitioned the City. However, in this case no resides on the land in question and therefore a petition to force the disannexation cannot be properly filed. This being the case the situation becomes one that is similar to that of the Bair property which Council will be considering for disannexation on May 11, 1993. That is, it is a situation where the owner cannot force the disannexation but the Council may grant the request if it so desires. On the chance the Council desires to disannex the property I have prepared an ordinance (copy attached) which when passed would accomplish the disannexation. The ordinance makes the findings that make the land eligible for disannexation under Section 43.145 of the Local Government Code. As with the Bair issue I am not making a recommendation as to what action should be taken but stating what possible actions would be proper. No prior hearings, notices, or petitions are necessary for this type of disannexation. Therefore the Council may take decisive action on the matter at the May 11 meeting. Or if you desire delay action for further consideration. Should any of you require further information or background on this matter please advise. cc: Steve Norwood 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING A TRACT IN THE J.D. SHELBY SURVEY, ABSTRACT NO. 819 AND N.A. ATTERBURY SURVEY, ABSTRACT NO. 1763, IN COLLIN, DALLAS AND ROCKWALL COUNTIES, TEXAS, CONTAINING APPROXIMATELY 10.038 ACRES, AND CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE ACCORDINGLY; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City annexed, on the request of the then owner of the property, the following described property, to wit: A tract of land consisting of 10.038 acres lying and situated in the j.c. shelby survey, Abstract No. 819 and the N.A. Atterbury survey, Abstract No. 1763, in Collin, Dallas and Rockwall Counties, in Texas being mores specifically described on the attached Exhibit A which is fully incorporated herein by reference on or about the 10th day of September, 1985 by virtue of Ordinance No. 85-52, which was duly passed and adopted on said date; and, WHEREAS, the subject property has remained in the City from and after its annexation thereto, but the City has failed to provide municipal water and sewer services to the subject property in the seven years following its annexation and such property continues to be without such services as of this date; and, WHEREAS, David Davis and Patricia Davis (Owners), owners of the subject property, have requested that the same be disannexed from the City of Wylie due to the City's failure to provide the municipal services as aforesaid; and, WHEREAS, the Owners do not reside on such property and therefore do not have standing to petition the City, and force disannexation of the subject property, pursuant to Section 43.141 of the Texas Local Government Code (LGC); and, WHEREAS, the City Council finds that the subject property meets the qualifications of Section 43.145 of the LGC in the following particulars: a. The City has a population of 4,000 or more; and, b. The City is located in Collin County which has a population of more than 205,000; and, 1 c. The subject property is composed of at least three contiguous acres that are unimproved and adjoining municipal boundaries; and therefore may be discontinued as a part of the City, pursuant to said Section 143.145; and, WHEREAS, the City Council has further determined that the interests of the City and its citizens would be best served by disannexation of the subject tract; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the subject property, as hereinabove described, and designated on the plat map attached hereto as Exhibit A, should be, and the same hereby is, disannexed from the corporate limits of the City of Wylie, and the City's boundaries are contracted accordingly. SECTION II That upon adoption of this ordinance, the City Council shall enter in the minutes of the City and Order discontinuing the area. SECTION III 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, or unconstitutional. SECTION IV 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 VI 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 2 in conflict herewith, specifically including without limitation Ordinance No. 885-52 and the territory annexed thereby, shall be unaffected by the provisions hereof except as to the subject property as herein identified. SECTION VII 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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11th day of May, 1993. By John W. Akin Mayor A[TEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 E. xtilbl-k- tk 40 0TJi..c c ' Gts - pe 2 SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This is to certify that I have. this date, made a careful and accurate survey on the ground o- property located on Vinson Road in the Counties of Dallas. Rockwall and Collin, Texas, out of the J. D. SHELBY SURVEY. ABSTRACT NO. 819 end N. A. ATTERBURY SURVEY. ABSTRACT NO. 1763 and being known an s 10.00 acre tract out of a 78.2 acre tract conveyed to Russell Addington by Paul Addington and Alice Addington by deed of record in Volume 420. Page 135. Collin County Deed Records, Volume 3400, Page 74, Dallas County Deed Records and Volume 46. Page 592. Rock- wall County Deed Records, said 10 acres being described se recorded in Exhibit "A". filed in Volume 82076 at Page 0013 of Deed Records of Dallas County, Texas. and in Volume 1513 at Page - 792 of Deed Records of Collin County, Texas and being more particularly described as follows: COMMENCING at a highway marker located at the intersection of the East Right-of-Way line of Farm Road 544 and the Northeast Right-of-Way line of Vinson Road Thence South 42 deg. 58 min. East with Northeast line of Vinson Road 80.7 feet to a highway marker for corner; Thence South 45 deg. 52 min. East with the Northeast line of Vinson Road 1588.1 feet to en iron stake for corner and to the Place of Beginning; THENCE North 00 deg. 57 min. East with the small tracts 1984.56 feet to an iron stake located in the drainage ditch for corner; THENCE meandering with said drainage ditch as follows: 1. South 28 deg. 08 min. East 42.50 feet to a point for corner; 99,4" 2. South 30 deg. 08 min. Fast 383,00 feet to a point for corner; 3. South 73 deg. 10 min. East 316.40 feet to a point for corner; 4. South 08 deg. 30 sin. 37 sec. East 99.54 feet to a stake for corner located in old fence line; THENCE Souta 8S der. 48 min. 29 sec. West with said old fence line 335,92 feet to an iron stake for turner; THENCE South 00 deg. 57 min. West crossing the survey line between Collin County end Rockwall County, 1612.27 feet to an iron stake set in said Northeast R.O.W. of Vinson Road for corner; THENCE North 45 deg. 58 min. 51 sec. West with said R.O.W. line of Vinson Road 278.60 "" feet to Place of Beginning and containing 10.038 acres of land, more or less. - i — I' 14.I4E /4=Aaa' 7 \Q.s.'..1- .5 LI'oe'.6 .9i ea ' .IS.L. . e ec. � . • /b 0SM.? 5 ae'50'!7 't 99$4• 1....j.._ jib 9t,a-rlr. ,L..L. p .-Wk. 5 ea'98't9"N \ // ' i J 7/4 ----� 4_41 Ate. 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W vI cum • - / --� • OVA.,.•40 :'. 410 (�'���'] % r JAME`'L 4.‘"e"1cN1t9.',.4.I1.I1.• REWITT LN .F4 $ COTTONWO D \ 1 2 ,:1;':.:;5 1k,:: G s ,r 3 N (SUNRISE D ,= G- '\ 9740 0 `�Q .94 1 t L \ 15 / \ I,,,o,,S t:44/..!rk 3 •::i G^ 2_ C. 1 IAC/I•1 CT / Ch:\ ! I_vL.ir.`.'v... .Y., City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Harvey M_ Hightower DIRECTOR: Harvey M. HOltower DATE REFERENCE NO. SUBJECT 5/7/93 `7 Agreement for Law Enforcement Services at Lake Lavon SUMMARY OF SUBJECT: Contract between the City of Wylie and the U.S. Army Corps of Engineers for Law Enforcement Services at Lake Lavon from May 23 - Sept. 6, 1993. ALTERNATIVES: Contract Collin County Sheriff's Office for Law Enforcement Services. ACTION REQUESTED: Authorization for City Manager to sign Contract to enter the City of Wylie into a contract with the U.S. Corps of Engineers to provide Law Enforcement Services at Lake Lavon between the above dates. REVENUE SOURCES: EXPENDITURE ACCOUNTS: Reimbursement by the U.S. Corps of Engineers. BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ - OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION X OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY X DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR x POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL C MANAGER CITY OF WYLIE POLICE DEPARTMENT COST BREAKDOWN - LAVON LAKE PATROL CONTRACT 1993 Labor Breakdown (Based on 1150 hours) Salary 1159 X 18.89 (Hourly Rate)* $21,893.51 FICA and Medicare SS .0765 X 21,723.50 1,674.85 Insurance (Police Officer's Liability) 549.00 X 5 Months 2,745.00 T. M. R. S. .0408 X 21,723.50 893.25 TOTAL LABOR COST 27,206.61 Auto Expense Vehicle Allowance 10,000 miles X .28 per mile 2,800.00 Fuel Allowance 10,000 miles X .95 per gal. 950.00 Equipment Oil, Vehicle Service and Repair at days X 110.00 per day 1,320.00 TOTAL AUTO EXPENSE 5,070.00 Total Contract Cost Subtotal 32,276.61 Overhead Cost Annualized at 1.36 X 1150 hours 1,564.00 (Please see Appendix "A") GRAND TOTAL $33,840.61 *Footnote: 1. The average hourly overtime rate for police officers has increased due to a salary market survey adjustment and a 3% merit raise. APPENDIX A BREAKDOWN OF OVERHEAD COST Additional Jail Operating Expense (Janitorial cleaning, maintenance; no longer contractual labor but hourly) Six(6)hours per month X 14.58 (O/T)X 5 $437.40 Additional Workmen's Compensation for Police $4,000 premium X .4168 1,667.00 Secretarial Cost- Reports 9.00 X 1.50 X 20 hours 180.00 Supervisor's Cost at 1 hour per week 21.00 per hour X 20 hours 420.00 Garage Overhead/Emergency Repair Labor 18.27 (O/T)X 1.50 X 5 hours 137.05 TOTAL OVERHEAD COSTS $2,841.45 ! II AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1.CONTRACT ID CODE PAGE OF PAGES 1 f 10 2.AMENDMENT/MODIFICATION NO. 3.EFFECTIVE DATE 4.REQUISITION/PURCHASE REO.NO. 5.PROJECT NO.(If applicable) P00007 05/28/93 DACW63-86-H-0038 6.ISSUED BY CODE DACW63 7.ADMINISTERED BY(If other than Item 6) CODE US ARMY ENGINEER DISTRICT, FTW P 0 BOX 17300 819 TAYLOR ST FT. WORTH, TX 76102-0300 ALVIN J ALBRECHT C53 (817)334-4408 JOAN 0 LO RE C52 (817)334-2783 8.NAME AND ADDRESS OF CONTRACTOR(No.,street,county,State and ZIP Code) Vendor ID: 00024680 (X) 9A.AMENDMENT OF SOLICITATION NO. CITY OF WYLIE 9B.DATED(SEE ITEM 11) P.O. BOX 428 2000 HWY, 78 NORTH 10A.MODIFICATION OF CONTRACT/ORDER NO. WYLIE TX 75098- • DACW63-86-H-0038 X bOB.DATED(SEE ITEM 13) 04/10/86 CODE OVL52 FACILITY CODE 11.THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS O- The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers 0 is extended, 0 is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;or(c)By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG- MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted,such change may be made by telegram or letter,provided each telegram or letter makes reference to the solicitation and this amendment,and is received prior to the opening hour and date specified. 12.ACCOUNTING AND APPROPRIATION DATA(If required) 96X3123 FSN96412 KK CB1381610A06038 285 0/C 0250 INC $33,842.80 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. (X) A.THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14ARE MADE IN THE CONTRACT ORDER NO.IN ITEM 10A. B.THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office,appropriation date,etc.) -•a SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: X Articles lb 8 15 0.OTHER(Specify type of modification and authority) — E. IMPORTANT: Contractor is not, El is required to sign this document and return 1 copies to the issuing office. 14.DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section headings,including solicitation/contract subject matter where feasible.) The Agreement for Law Enforcement Services at Lavon Lake, Wylie, Texas is modified by Supplemental Agreement to extend period of services as provided in Articles of the basic agreement. a. The new attached Appendix A, Plan of Operation, pages 1 thru 3; Appendix B, Daily Law Enforcement Log, page 4; and Appendix C, Wage Determination No. 87-0149 (Rev. 12) dated 07/30/1992, pages 5 thru 8, provide in part for the work added by this supplemental agreement. Except as provided herein,all terms and conditions of the document referenced in Item 9A or 10A,as heretofore changed,remains unchanged and in full force and effect. t5A.NAME AND TITLE OF SIGNER(Type or print) 16A.NAME AND TITLE OF CONTRACTING OFFICER(Type or print) DEBRA L PULLING 15B.CONTRACTOR/OFFEROR 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED BY (Signature of person authorized to sign) (Signature of Contracting Officer) 7540-01-152-8070 STANDARD FORM 30 (REV. 10-83) Prescribed by GSA PREVIOUS EDITION UNUSABLE 30-105 FAR(48 CFR)53.243 SF 30 CONTINUATION SHEET b. All other terms of the agreement, including any modification thereto, shall remain in full force and effect during the period covered by this supplemental agreement. c. Contract start date is 28 May 1993 or date of award whichever comes later. The total patrol hours is 1159. d. As a result of this modification, the total contract price is increased S33,842.80 for a revised contract price of S263,446.03. DACW63-86-H-0038 Mod. P00007 2 APPENDIX A PLAN OF OPERATION 1 . The contractor agrees to provide law enforcement services on government lands of Lavon Lake Project lying within the corporate city limits of Wylie, Texas, for the purpose of enforcement of state and local criminal and civil laws. Standard surveillance will include vehicular patrol by the contractor of the interior roads of all parks, dam, and stilling basin fishing area. 2 . (a) Reimbursement for law enforcement services shall be limited to those services specifically identified in the contract as stated in paragraph 3 . (b) State and local law enforcement agencies generally have the same authority and responsibilities on Corps administered lands as they do elsewhere in their respective jurisdictions. Because of this, request by the District Commander or his authorized representative for emergency or unanticipated law enforcement assistance will be considered non-reimbursable. 3 . The contractor agrees to provide the following reimbursable law enforcement services in all Corps of Engineers parks within the city limits and in the dam and stilling basin fishing area. a. PATROL SCHEDULE - Patrol of the areas listed above shall be as follows : DAY OF PATROL NUMBER NUMBER NUMBER THE WEEK HOURS HOURS VEHICLES OFFICERS Monday - 1800 - 2300 5 1 1 Thursday Friday 1700 - 2300 6 1 2 Saturday 1300 - 2300 10 1 2 Sunday 1300 - 2300 10 1 2 Holidays 1300 - 2300 10 1 2 NOTE: Deviations from the above schedule may be required to allow for special situations that may arise during the agreement period. Any deviations shall be mutually agreed upon in advance by both parties to this agreement and in no event will the total man-hours specified in the agreement be exceeded. 1 b. Patrols shall start on 28 May 1993 or on the first scheduled day after approval of this contract, whichever is later, and shall be provided for a total of 1159 man-hours in accordance with the above patrol schedule. 4 . The cost per man-hour for the provision of law enforcement services described in paragraph 3 will be $29 .20 . This cost (29 . 20) includes utilization, operation, maintenance, and repair of equipment and supplies used in performing the reimbursable services . 5 . When requested by the Corps of Engineers representative, the Chief of Police agrees to dispatch an officer or officers, within his manpower capabilities, to unforeseen or emergency situations. This assistance will be considered non-reimbursable. 6 . The contractor will prepare a Daily Law Enforcement Log in accordance with the attached format (Appendix B) . The log will be completed daily and submitted at the close of each week to the Corps of Engineers representative listed in paragraph 8 of this plan. 7 . The contractor will provide the Corps of Engineers representative designated in paragraph 8, a request for payment for reimbursable services performed each month. The request for payment will include total charges (including cost of utilization, operations, maintenance, and repair of equipment and supplies) , number of hours involved and starting and ending dates of billing period. The request for payment will be submitted not later than five (5) calendar days after the close of the reporting month. Total cost of reimbursable services during tenure of the contract may not exceed $33 , 842 . 80 (1159 M/H @ $29 . 20) . 8 . The following individuals are designated to issue and receive request for reimbursable law enforcement service under the contract : CORPS OF ENGINEERS WYLIE POLICE DEPARTMENT REPRESENTATIVE REPRESENTATIVE Jerry L. Hammers Harry M. Hightower Reservoir Manager Chief of Police P.O. Box 1660 P.O. Box 1062 Wylie, Texas 75098-1660 Wylie, Texas 75098 (214) 442-3014 (214) 442-6060 2 9 . All contract personnel shall wear standard uniforms normally worn by the law enforcement agency. 10 . All patrol vehicles shall have standard insignia and markings normally used by the law enforcement agency. Patrol vehicles shall also be equipped with standard equipment necessary to perform the required services. The contractor shall be responsible for all vehicle cost, including insurance, fuel, service and maintenance, and any other cost associated with the operation of each vehicle. 11 . The services performed by the contract law enforcement agency under provisions of this contract shall be subject to inspection by the Contracting Officer or his designated representative to insure strict compliance with the terms of the contract. If for any reason the contractor fails to provide or satisfactorily perform the services as specified, the Government reserves the right to terminate the contract . 12 . An appropriate orientation for all contract law enforcement personnel will be conducted by the Corps of Engineers (Reservoir Manager) to familiarize the contractor with the policies and procedures of the Corps, and to familiarize Corps personnel with the functions and duties of the local law enforcement contracting agency. 3 ' Sheet of Appendix B Daily Lav Enforcement Log For Reports Required Under Contract Number with the U.S. Army Corps of Engineers Cooperator Project Lavon Officer (s ) Date On Duty from to Total Hours Log of Activities . Time Time Arrest (s) Park In Out Type Activity & Action Taken Citation(s) I • TOTAL CALLS TOTAL 4 U.S. DEPARTMENT OF LABOR Page 1 of 4 EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION State: Texas WASHINGTON, D.C. 20210 Area: TX COUNTIES : COLLIN, COOKE, DALLAS REGISTER OF WAGE DETERMINATIONS UNDER LOCALITY DELTA, DENTON, ELLIS, FANNIN, HENDERSON THE SERVICE CONTRACT ACT HOPKINS, HUNT, KAUFMAN, LAMAR, NAVARRO, RAINS By direction of .the Secretary of Labor ROCKWALL, SMITH, VAN ZANDT, WOOD (; :17131/ Alan L. Division of Director Wage Determinations Wage Determination No. : 87-0149 (Rev. 12) Date: 07/30/1992 Minimum Fringe Benefit Payments Class of Service Employees Hourly Wage Health & Vacation Holiday Other Welfare Protective Services: '' 1. Court Security Officer $ 12 . 11 2 . Detention Officer/Correction $ 12 . 11 Officer 3 . Firefighter $ 10.86 4 . Guard I $ 6. 00 5. Guard II $ 10. 86 6. Police Officer $ 12 . 11 Fringe benefits applicable to all classes of service employees engaged in contract performance: 1/ 2/ 3/ 1/ HEALTH & WELFARE: $0. 83 per hour or $33 . 20 per week or $143 . 86 per month. 2/ VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years; 4 weeks,after 15 years. Length of service includes the whole span of continuous service with the present (successor) contractor, wherever employed, and with the predecessor contractor in the performance of similar work at the same Federal. facility. (Reg. 4 . 173) 3/ HOLIDAYS: 10 paid holidays per year: New Year' s Day, Martin Luther King Jr. 's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, d E 4 s , U.S. DEPARTMENT OF LABOR Page 2 of 4 EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION State: Texas WASHINGTON, D.C. 20210 • Area: TX COUNTIES: COLLIN, COOKE, DALLAS REGISTER OF WAGE DETERMINATIONS UNDER LOCALITY DELTA, DENTON, ELLIS, FANNIN, HENDERSON THE SERVICE CONTRACT ACT HOPKINS, HUNT, KAUFMAN, LAMAR, NAVARRO, RAINS By directio of .tjie 'Secretary of Labor ROCKWALL, SMITH, VAN ZANDT, WOOD / / — ittpaj • Alan L.-'Noss Division of Director Wage Determinations Wage Determination No. : 87-0149 (Rev. 12) Date: 07/30/1992 Minimum Fringe Benefit Payments Class of Service Employees Hourly Wage Health & Vacation Holiday Other • Welfare Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the name holidays another day off with pay in accordance with a plan communicated to the employees involved. ) rn • WAGE DETERMINATION 87-0149 (Rev. 12) DATE 07/30/1992 Page 3 of 4 NOTE: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e. , the work to be performed is not performed by any classification listed in the wage determination) , be classified by the contractor so as to provide a reasonable relationship (i . e. , appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class (es) of employees. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class (es) of employees performs any contract work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agencys' recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4 . 6 (b) (2) of Regulations 29 CFR 4) UNIFORM ALLOWANCE: If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc. ) , the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this' wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost) , reimburse all employees for such cleaning and maintenance at a rate of $3 . 80 a week (or 76 cents a day) ; and effective April 1, 1991, the note shall be $4 . 25 per week (or $. 85 cents per day) . However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reii. bursed for uniform maintenance costs. WAGE DETERMINATION 87-0149 (Rev. 12) DATE 07/30/1992 Page 4 of 4 NOTE: The duties of employees under job titles listed are those described in the Service Contract Act Directory of Occupations, Second Edition, July 1986, unless otherwise indicated. See also 29 CFR Part 4 Section 4 . 152 . • • City of Wylie AGENDA COMMUNICATION SUBMITTED BY: CITY MANAGER DIRECTOR: STEVE NORWOOD DATE REFERENCE NO. SUBJECT 5/07/93 /Q JOINT RESOLUTION WITH THE NTMWD SUMMARY OF SUBJECT: As was discussed at our previous worksession, the North Texas Municipal Water District has agreed to transfer approximately 4.5 acres to the City of Wylie to be used for municipal purposes only. In exchange, the City of Wylie is amending its thoroughfare plan to align Springcreek Parkway with Skyview instead of Dog Drop Lane. Also, the City is abandoning any public right- of-way interest along Dog Drop Lane. • ALTERNATIVES: 1.) Approve resolution on transfer of property. 2.) Deny transfer ACTION REQUESTED: 1.) Approve transfer of property as specified in the attached resolution. REVENUE SOURCES: EXPENDITURE ACCOUNTS: No cost to the City of Wylie • BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ - OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • - $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: The City's thoroughfare plan will need to be amended at the May 25 Council meeting. SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL VIEWED BY: • CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR POUCE CHIEF CITY ATTORNEY PUBUC WORKS SUPR FIRE CHIEF DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS • APPROVED FOR SUBMISSION TO CITY COUNCIL jaf,(Ap".zsz:_=__ CITY MANAGER fL f)‘1 \ Walimine NORTH TEXAS MUNICIPAL WATER DISTRICT P.O.BOX 2408 WYLIE,TEXAS 75098 REGIONAL SERVICE THROUGH UNITY PHONE NO.442-5405 April 23 , 1993 Mr . Steve Norwood City Manager City of Wylie P. O. Box 428 Wylie, TX 75098 Dear Steve: Enclosed with this letter are four NTMWD executed copies of a joint resolution between the City of Wylie and the NTMWD. The resolution was approved by the NTMWD Board of Directors in a Regular Meeting on April 22 , 1993 . When the City of Wylie has authorized the resolution please forward two completely executed copies to my office for NTMWD records . A deed is being prepared by NTMWD attorneys for the transfer of the property . The Board expresses its appreciation to the City of Wylie and the City Council for its cooperation in the development of this vital project . At the same meeting the Board authorized easements to the City of Wylie for a sewer line on the NTMWD - Wylie Water Treatment Plant Site in accordance with your previous request . This docu- ment is also in a state of preparation and will be sent to you on execution. We look forward to our continued cooperation, and if I may ever be of any service, please do not hesitate to call on me. Sincerely, CARL W. R I EHN, Executive Director CWR:md Encl . A JOINT RESOLUTION OF THE CITY OF WYLIE, TEXAS AND THE NORTH TEXAS MUNICIPAL WATER DISTRICT IN A COOPERATIVE TRANSFER OF CONSIDERATIONS FOR THE MUTUAL BENEFIT OF BOTH PARTIES . WHEREAS , the North Texas Municipal Water District Water Treatment Plant located in Wylie , Texas on an approximate 140 acre site treats potable drinking water for a large regional area on the North and Eastern side of the Dallas Metropolitan area; WHEREAS, the City of Wylie, a home rule city, has since 1954 cooperated with the NTMWD in the development of this major regional water treatment facility located within its city limits; WHEREAS, the NTMWD has purchased an additional 240 plus acres to the North of the existing plant site and is planning construc- tion of additional plant capacity to serve the area; WHEREAS, both parties agree that it will be in their best self interests to realign Spring Creek Parkway , abandon right-of- way for Dog Drop Lane, and transfer land for use of the City of Wylie. NOW, THEREFORE, BE IT RESOLVED that the City of Wylie and the North Texas Municipal Water District mutually agree to the follow- ing: 1 . In the City of Wylie' s master street plan Spring Creek Parkway will be realigned as it affects NTMWD property in accordance with attached Exhibit A. 2 . Dog Drop Lane (County Road 383) will be abandoned from Paul Wilson Road (County Road 384) to Eubanks Lane (County Road 389) . 3 . A tract of land approximately 4 .55 acres at the intersection of County Road No. 389 and County Road No. 384 , being more specifically the Southeast corner, will be transferred by the NTMWD to the City of Wylie for its use for as long as the City utilizes the property for municipal purposes. Should the City cease to use the property for municipal purposes the property would revert to the NTMWD. This joint Resolution approved by the City of Wylie on this the day of , 1993 , and by the Board of Directors of the North Texas Municipal Water District on this the 22nd day of April , 1993 . CITY OF WYLIE, TEXAS NORTH TEXAS MUNICIPAL WATER DISTRICT MAYOR, ROBERT C. ALLEN, PRESIDENT ATTEST: ATTEST: CITY SECRETARY J CK I . MCJUNK SECRETARY City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Jack Jones C U ' DIRECTOR: Public Works Superintendent DATE REFERENCE NO. SUBJECT 5/5/93 Jeske Construction Company // Release of 10% Retainage - $2,500 Rustic Oaks Drainage Ditch SUMMARY OF SUBJECT: Attached is a copy of Final Pay Request No. 3 from Jeske Construction Company which references a $2,500 retainage. Jeske Construction Company is requesting release of their $2,500 retainage which was withheld in January to assure establishment of bermuda grass in the spring. not The project is now complete but bermuda grass is/established. No slippage of dirt has occured from the banks. ALTERNATIVES: No alternative is recommended. ACTION REQUESTED: Payment of $2,500 retainage is recommended. REVENUE SOURCES: EXPENDITURE ACCOUNTS: 411 - 58150 BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ 2,500 PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: X BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY X PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGE MEMORANDUM TO: Steve Norwood, City Manager FROM: Jack Jones, Public Works Superintendent 9' 9' ' DATE: May 5, 1993 SUBJECT: Rustic Oaks Drainage Ditch Project Inspection and Release After visual inspection on May 5, 1993 of the Rustic Oaks Drainage Ditch, the grass is up and no slippage of dirt has occured from the banks. Bermuda grass is not established and the project is now complete. Payment of the 10% retainage in the amount of $2, 500 is recommended. N° 818i, • ie CITY OF WYIJIE 2000 HWY. 78 N. - P.O. BOX 428 WYLIE, TEXAS 75098 Due Date (214) 442-2236 Vendor Number PAYMENT REQUEST/APPROVAL FORM From: Pub1Ic' Atelfbi-er Date: c/S/q3 To: Finance Department nn Pay To: Je3ke u •i9'vx. l',Q ro 8to cow p-exa, SS211i Amount: 2, ,SDo Contract/PO No. (i f applicable): Charge To: Fund Sub-Account Dept. No. Account Code Amount /o /0° � .58/R) 2 S' o Explanation: eleos '_ & /o 20 reia,'pL€ e �r 1) i vtane_ ti-1 ., CO e �S caw ptde 4 beirmuda cress is esfab ;shed (Attach supporting documents. ) Checked and Approved by: Recommended for Payment by: Finance Department %sartment Hea City of Wylie. AGENDA COMMUNICATION SUBMITTED BY: Paul Beaver DIRECTOR: Planning/Engineering '4 DATE REFERENCE NO. SUBJECT 1/6/93 Jeske Construction Company Pay Estimate No. 3 Rustic Oaks Drainage Ditch SUMMARY OF SUBJECT: Attached is Pay Estimate No. 3 from Jeske Construction Company in the amount of $10,127.98 for work accomplished on the Rustic Oaks Drainage Ditch, including loading, hauling, and filling clay, installing 12" rock rip-rap, bermuda grassing and removal/ installation of 6' wood fence. This payment represents 96% completion of the City Council approved $58,082.34 which includes Change Order #1. A total retainage in the amount of $2,500 is being withheld to assure bermuda grass establishment in the spring. • ALTERNATIVES: No alternative is recommended. ACTION REQUESTED: • Payment is recommended. • i- • • `fit l -- MT': f::T 7 { HI' i.r:I..TF_ DIRT CHANNEL PERIOD ENDING: 11/30/92 92-17 ESTIMATE NO: 3 CCNTRACTOP: JESi'E CONSTRUCTION CO. SUBCONTRACTOR: P.O. BOX 59°2°: DALL3,TX 75229 214 ❑_0- _q3 :ITEM : CITY : DESCRIPTION : CONTRACT UNITS : CONTRACT UNITS AMOUNT : AMOUNT COMPLETED : MORK DONE : ITEM ' ' : QUANTITY : UNIT PRICE : COMPLETED : COMPLETED : PREVIOUS REQUEST : THIS FERIOE . 1 , LOA .HAUL y FILM CLAY 2"1 CY $18.70 : 2100.''0 : 139.270.00 : $37,400.00 : $1,87O. . . 2 : • 12" PO"!' RIR RA>• I9 CV 173.00 : 24.39 : 12.267..34 : 12.267.34 : 1f0.( 3 . PE9mUDA GRASSING 0.75 AC : 112,100,00 , 0,75 : $9.075,00 : 14;598.00 : $4,477.' 4 : REM/INSTALL 6' WOOD PENCE : 200 LP 118.00 : 415.10 : 17.470.00 : 16,300.00 : $1,170., 5 10.00 : fn.c c 10.00 : f0./ ? f0.00 f0.'` : 10.00 : : f0.r ? .• , $0.00 : f0. 1! f0.00 : f0. TOTAL AMOUNT NOP DONE 153.082.34 150,565.74 $7,517., LESS 10:: RETAINAGE 12,500.00 1751.- SUB TOTAL 155,582.31 16,765.- LESS PREVIOUS PAYMENTS 145.454.36 AMOUNT DUE THIS ESTIMATE 110,127.93 O REQUESTED BY: _ DATE: / / /T % /. Jcs! Construct Lo. APPROVED BY: P 1.,,.,....k.. • DATE: 4_`_.6__/ q3 City of Wylie AGENDA COMMUNICATION SUBMITTED BY• Jack Jones DIRECTOR: Public Works Superintendent DATE REFERENCE NO. SUBJECT 5/5/93 JRJ Paving, Inc. /O1 Pay Estimate No. 2 Birmingham, Oak and Jackson Street Upgrade SUMMARY OF SUBJECT: Attached is pay estimate no. 2 from JRJ Paving, Inc. in the amount of $23,564.95 for curb and gutter work accomplished on the Birmingham, Oak and Jackson Streets upgrade. This is an annual contract for concrete work as needed. The original contract amount was for $58,635, but an additional amount of $4,579.90 was approved on 4/13/93. The new contract amount is $63, 145. With this pay request, a total amount of $62,427.35 was paid which represents 98% completion of the approved $63,145 contract amount. ALTERNATIVES: No alternatives are recommended. ACTION REQUESTED: Payment is recommended. REVENUE SOURCES: EXPENDITURE ACCOUNTS: Birmingham, Jackson & Oak Street Upgrade BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ 23,564.95 PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY X PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION O CITY COUNCIL CITY MANAGER R J PAVING, INC. P O.Box 59934 (214) 869-2971 11332 Mathis St..Suite 100 Dallas.TX 75229 * * * INVOICE * * * 14970 INVOICE # 7074 PAGE !^ .TY OF WYL I E ESTIMATE # 2 'CA) HWY 78N ESTIMATE PERIOD 12/14/92 TO 4/28. CONTRACT AMOUNT $67, 1 = AYL I E, TEXAS 75098 BETA I NAGS JB 97007 CITY OF WYL I E,ANNUAL CONTRACT UNITS COMPLETED/ PLAN UNIT ESTIMATED EARNED EM DESCRIPTION QUANTITY UNIT PRICE THIS MONTH TO DAT 24" CURB AND GUTTER 4000.000 LF 10.250 569.000 2885.0 5872.25 29571 . 2.,.. . 6" R.S.DRIVEWAYS 25.000 EA 500.000 7.000 18.c 1500.00 9000. 4" R.S. SIDEWALK 500.000 SF 2.800 2825.000 4253.0 7910.00 11908. 4 , MOVE—IN 1 .000 EA 650.000. 1 .000 1 .c 650.00 650. 5 . 6" R.C. STREET INTERSECTION 129.000 SY 71 .250 116.0 =625 . . 18" CURB & GUTTER 276.000 LF 9.800 276.000 276.C: 2312.80 2712. , 4' WIDE VALLEY GUTTER 271 .000 LF 16.900 271 .000 271 .0 4579.90 4579. 25' WIDE DRIVEWAY 1 .000 EA 780.000 1 .000 1 .0 780,00 780 . „.. J RJ PAVING, INC. P.O.Box 59934 (214)869-2971 11332 Mathis St.Suite 100 Dallas.TX 75229 * * * INVOICE * * 149=0 INVOICE # 7074 PAGE .ITY OF WYLIE ESTIMATE IS 2 00 HWY 78N ESTIMATE PERIOD 12/14/92 TO 4/28:; CONTRACT AMOUNT $63 , 145 WYLIE, TEXAS 75098 RETAINAGE 1B 97003 CITY OF WYLIE,ANNUAL CONTRACT ESTIMATED EARNED AMOUNTS AMOUNTS THIS MONTH TO DATE TOTAL AMOUNT OF WORK DONE 27, 564.95 62,427 . LESS RETAINAGE .00 AMOUNT DUE ESTIMATE # 2 23, 564.95 62,427 . LESS PREVIOUS PAYMENTS XXXXXXXXXXXXXXX 38,862 . UNPAID BILLINGS AS OF 12/14/92 .00 TOTAL OUTSTANDING AS OF THIS ESTIMATE 23, 564.95 27, 564. PREPARED BY DATE ***************** * * PAY THIS AMOUNT FOR ESTIMATE 2 * 23, 564.95 * * * ***************** J R J PAVING, INC. C Box 59934 '214) 869-2971 11332 Matris St. Suite toC Dauas. TX 7522S City of Wylie aril 6, 1993 2000 N. ?wy.7 8 P.O.Box 428 Wylie, Texas 75098 Attn. : Mr. Jim Holcomb RE: 93-02 Curb & Gutter Contract Purchasing Agent Wylie, Texas Gentlemen, We propose to furnish all labor, rrateriais and equipment required to perform the following additional work on the above referenced project. Birmingham, Oak and Jackson Streets - For 4' Wide 3000 PSI Reinforced Concrete Valley Cutter including saw cutting and removal of existing pavement. Approx. 269 LF @ $16.90/LF Jackson Street - For 18" Reinforced concrete Curb & Gutter in lieu of 24" Curb and Gutter. Approx. 236 LF @ $ 9.80/LF All terms, conditions and specifications, etc. as outlined in the original contract shall apply to this additional work. Your acceptance in the space provided below will constitute a contract covering this additional work. Very truly yours, JRJ Paving, Inc. c /6 Tolli Katrycz Contract Adtni istrator %^ Accepted for the City of Wylie by: et _.._ Date: V/0/6/; ASPHALT PAVING • CONCRETE PAVING • SEAL COATING & REPAIR N c 11 u ( 5 Nrytie CITY OF WYLIE 2000 HWY. 78 N. — P.O. BOX 428 WYLIE, TEXAS 75098 Due Date (214) 442-2236 Vendor Number PAYMENT REQUEST/APPROVAL FORM From:ciACk e. L _ 0( - Date: 5/5/95 l To: Finance Department Pay To:�� �< <� � ✓ 1 .J 1_ nJ C • . O , sga3 ' Leg l / As , 1 4 , `lsa.ag Amount: a 3 5 634. Contract/PO No. (if applicable): Charge To: fund Sub-Account Dept. No. Account Code Amount �- I I 58 IO 025 5ee `�, s Explanation: Lam,— -t `t, LA, weal-) �Iii. 0 teL an, %041-4-errt., n t . , � .) & �h9 11 o,vn� �� . Oa ctQ14J • S O 19 3 t cj (Attach supporting documents. ) Checked and Approved by: recommended for Payment by: Finance Department iartment Head City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT - 5/11/93 13 Discuss and Consider Naming Future Park at SH-78 and Ballard Streets SUMMARY OF SUBJECT: Council has not yet officially named this future park. We will need to name the park ' in order to identify it on grant requests, maps, etc. Some of the suggestions we've heard are: Ole' City Park Old City Park Volunteer Park Volunteer Station ... ALTERNATIVES: .- (1) Give the park one of the names mentioned above or another name of Council's choosing (2) Take no action at this time ACTION REQUESTED: REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER City of Wylie AGENDA COMMUNICATION 4,147r SUBMITTEDBY: LEGAL DEPARTMENT DIRECTOR: STE EN P . DEITER DATE REFERENCE NO. SUBJECT 5-7-93 /t/ SETTLEMENT NEGOTIATIONS-SOUTHFORK MHP LAWSUIT SUMMARY OF SUBJECT: THE PROCEEDINGS FILED BY SOUTHFORK HAVE BEEN PENDING IN COLLIN COUNTY - DISTRICT COURT FOR NEARLY TWO YEARS, AND CONCERN THE METERING AND SERVICING OF WATER CUSTOMERS WITHIN THE PARK. PREVIOUS NEGOTIATIONS HAVE RESULTED IN SOUTHFORK' S MAKING A SETTLEMENT OFFER (FROM JIM CLAYTON) WHICH THE COUNCIL NOW NEEDS TO CONSIDER. FURTHER INFORMATION AND BACKGROUND IS PROVIDED FOR COUNCIL ' S REVIEW BUT - NOT PART OF PACKET MATERIALS . ALTERNATIVES: 1) ACCEPT SETTLEMENT PROPOSAL AS PRESENTED 2) MAKE COUNTER PROPOSAL 3) DISCONTINUE SETTLEMENT NEGOTIATIONS ACTION REQUESTED: UNTIL THE MATTER IS DISCUSSED BY COUNCIL I AM NOT REQUESTING WHICH OF THE ABOVE ALTERNATIVES BE TAKEN . I AM REQUESTING THAT COUNCIL TAKE ONE OF THE ACTIONS AS IT..DEEMS APPROPRIATE FOLLOWING DISCUSSION OF THE MATTER IN EXECUTIVE SESSION -- REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME 0 • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: (UNDER SEPARATE COVER) x x BACKGROUND MEMO MINUTES x x x LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES XX LEGAL REVIEWED BY: xx CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY xx, DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF XX CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL /, ANAGER