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12-14-1993 (City Council) Agenda Packet
AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex December 14, 1993 7:00 p.m. CALL TO ORDER INVOCATION PRESENTATION OF GOVERNMENT FINANCE OFFICERS AWARD FOR EXCELLENCE IN FINANCIAL REPORTING CONSENT AGENDA 1 . Consider Approval of the Minutes of Previous Meetings 2. Consider Approval of an Ordinance Increasing TMRS Contributions 3. Consider Approval of an Ordinance Amending the Smoking Regulations in Municipal Facilities APPOINTMENTS/PUBLIC HEARINGS 4. Hold Public Hearing and Consider Approval of an Ordinance Authorizing a Specific Use Permit for an Auction House in a Retail Zoning Category 5. Appointment with Tony Mooney Regarding Rails to Trails and Take Any Necessary Action 6. Appointment with David Davis to Request Disannexation and Take Any Necessary Action ACTION ITEMS 7. Discuss and Consider Award of Bids to Remove Underground Storage Tanks at Service Center 8. Discuss and Consider Award of Bids for Public Works Vehicles: (a) Sewer Jet Machine (b) Backhoe (c) Dumptruck 9. Discuss and Consider Award of Contract for Street Sweeping 10. Discuss and Consider Approval of an Ordinance Granting a Franchise to GTE EXECUTIVE SESSION 11 . Hold Executive Session Under Chapter 551:074 Government Code to Discuss Personnel: Appointment of Presiding and Alternate Presiding Judge at Southfork Polling Place 12. Reconvene Into Regular Session and Take Any Necessary Action ADJOURNMENT � zab) Posted this t 1 h y of December, 1994 at 5:00 p.m. MINUTES OF THE WYLIE CITY COUNCIL November 9, 1993 CALL TO ORDER Mayor John W. Akin called the meeting to order with the following Councilmembers present: Jim Swartz, Reta Allen, John Mondy, Ortie Messenger, Steve Wright and Bud Naish. CONSENT AGENDA (1) Minutes of October 26, 1993 (2) Cancellation of the Second Council Meetings in November and December (3) Resolution No. 93-21 Authorizing Submission of a Grant Application to the Texas Department of Housing and Community Affairs Wright made a motion to approve the Consent Agenda. Mondy seconded the motion. The motion was voted on and passed unanimously. RESOLUTION NO. 93-23 DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT Wright made a motion to approve the resolution. Naish seconded the motion. The motion was voted on and passed unanimously. ORDINANCE NO. 9 - LATED TO THE PROVIDING FOR THE EXECUTION AND DELIVERY O 40, "CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRA BLIGATIONS, SERIES 1993" DATED NOVEMBER 1, 1993, INCLUDING THE SAGE AND ADOPTION OF AN ORDINANCE PROVIDING FOR THE EXECUTION AND DELIVERY OF SUCH OBLIGATIONS AND APPROVING AND AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT Wright made a motion to approve the ordinance awarding the sale of the bonds to Service Asset Management. Messenger seconded the motion. Mayor Akin read the ordinance caption. The motion was voted on and passed unanimously. ORDINANCE NO. 93-52 REGULATING BASIC CABLE RATES Naish made a motion to approve the ordinance. Swartz seconded the motion. The motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE NO.91-4 THE CABLE TELEVISION FRANCHISE AGREEMENT WITH COMMUNICATIONS SERVICES, INC. D/B/A/TCI CABLEVISION OF TEXAS, INC. TO PROVIDE FOR LOCAL REGULATION OF CABLE SERVICES AND RATES AWARD OF PROPOSAL FOR INSURANCE PROVIDER FOR CITY OF WYLIE EMPLOYEES Council heard a presentation from Becky Reeves regarding the proposal submitted by Texas Municipal League, the carrier and policy recommended by staff. An analysis of proposals submitted is attached hereto as Exhibit "A". Reeves explained that dependent coverage would be less than currently paid by employees and outlined the plan as a 90%/10% using preferred providers and a 70%/30% plan using a doctor not on the preferred provider list. She outlined the provisions of the prescription card program and dental coverage at 50% major, 80% preventative and 50% for orthodontics. City Manager Steve Norwood stated that the proposal by TML offered employees the most choices and was most affordable. Messenger made a motion to award a contract to TML. Mondy seconded the motion. The motion was voted on and passed unanimously. Naish then made a motion to award a contract for Accidental Death and Dismemberment to American United Life. Wright seconded the motion. The motion was voted on and passed unanimously. CASTING OF VOTES FOR CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS After Council discussion regarding the 32 votes allocated and the two Wylie candidates, Swartz made a motion to cast all votes for Bart Peddicord. Allen seconded the motion. The motion was voted on and passed unanimously. REJECTION OF BIDS FOR SEWER JET MACHINE City Manager Steve Norwood stated that bids received were higher than expected and the Jack Jones, Sup- endent of Public Works, had recommended downscaled equipment that would s me e department's needs. Naish made a motion to reject bids received and rebid wi e ,'sed specifications. Swartz seconded the motion. The motion was voted on and passed unanimously. AGREEMENT WITH DR. PEPPER REGARDING SCOREBOARDS AT COMMUNITY PARK Norwood explained that Dr. Pepper proposed a five year contract for (3) three softball field scoreboards in exchange for the use of Dr. Pepper product at Community Park. Messenger made a motion to authorize the City Manager to execute a contract with Dr. Pepper under the terms described. Wright seconded the motion. The motion was voted on and passed with all in favor except Mondy who was opposed. CITIZEN PARTICIPATION David K. Davis addressed Council to request disannexation of a tract of land located in Rockwall, Collin and Dallas counties. He stated that the water rights did not belong to the city, that he was unable to extend sewer without building a lift station and that platting, zoning, and right-of-way requirements were too prohibitive. He agreed to return to Council at the next meeting with a formal request. EXECUTIVE SESSION Council adjourned into Executive Session at 8:00 p.m. under Chapter 551.071, Government Code to discuss Litigation: Doyle Spurgin vs. City of Wylie. Upon reconvening into regular session at 8:15 p.m., no official action was taken. ADJOURNMENT As there was no further business to come before the Council for consideration, the meeting adjourned. APPROVED ATTEST Exhibit "A" to Minutes November 9, 1993 HEALTH INSURANCE PROPOSAL ANALYSIS - CITY OF WYLIE CITY FUNDING COMPANY MO PRM BUDGET EMP.PART OVR(SHRT) COMMENTS TMLIE MP ONLY 195.89 190.24 0.00 (5.45) PPO 610 COPAY/90 70 - TMLJDEP 304.83 126.68 187.59 9.44 In/out of network revs benefits TOTAL FAMILY 500.52 316.92 187.59 3.99 Does not req.PCP designation No referrals needed for specialist care REFERENCES: Excellent Annual increases low. BLUE CHOICE/EM 176.80 190.24 0.00 13.44 PPO PLAN$10 COPAY/90R0 BLUE CHOICEJDEF 320.70 126.68 187.59 (6.43) Benefits comp to TML TOTAL FAMILY 497.50 316.92 187.59 7.01 Requires PCP designation Requires referrals for specialist REFERENCES: Mixed,bad to soso Annual Increases/no specific info past exp bid low/high raises SANUS/DEP ONLY 165.85 190.24 0.00 24.39 HMO PLAN$7 COPAY 275 HOS/650 STOP SANUS/DEP 336.33 126.88 187.59 (21.86) Few providers in Wylie - - TOTAL FAMILY 502.18 317.12 187.59 253 REFERENCES:Fair/increases high DEPENDENT COVERAGE 126.68 City Share 187.59 Emp Share 314.27 Total CITY/EMP CONTRIBUTIONS: 316.92 City 187.59 Employee 504.51 Total City/Emp Contributions(monthly) PROPOSED COSTS: 195.69 City pay for employee 126.68 City pay for dependent 178.15 Employee pay for dependent 500.52 Total family cost This represents an approximate 5% savings for employees - City costs stay at the budgeted figures. HLTHPRO/10.26.93 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT » I 12/14/93 2 Ordinance Updating TMRS Contributions Judges SUMMARY OF SUBJECT: This ordinance changes the employee's contribution and the City's contribution upon retirement of an employee. Employee contributions will now be six percent. This is an item provided for in this year's budget. ALTERNATIVES: (1) Approve the Ordinance (2) Table the Ordinance (3) Deny the Ordinance ACTION REQUESTED: Since Council has already approved the increased contribution in the budget, staff J recommends approval of the ordinance 1 _ PT ; 1RCES: EXPENDITURE ACCOUNTS: F .SCAL YEAR(s): ESTIMATED EXPENDITURE: S L ❑ OVER/UNDER PROJECTIONS BY: IS— 0 ONE-TIME ❑ • S ' 0 RECURRING 0 OTHER COMMENTS: R"'MENT COMMENTS: 3 DOCUMENTS: C 3ROUND MEMO MINUTES LETTER P ORDINANCE/RESOLUTION OTHER D,° WYUE CODE OTHER P, PLAN, SKETCH BID TAB/SPECS OTHER JUIES LEGAL . Y _ -- _ 41-1AGER DIRECTOR OF PARKS/REC. CITY SECRETARY TAR OF FINANCE DIR.OF PLANNING✓ENG. UBRARY DIRECTOR E CHIEF_ - CITY ATTORNEY_ PUBUC �R T� :riv`�I': t ;I- :F DIRECTOR BUILD �yIN G�O - WoRS ' APPROVED FOR SUBMISSION TO CITY COUNCIL . 411111111111111111111164 / 9-- CITY MANAGER (e) In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of the TMRS Act, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to the City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in we the municipality accumulation fund of the System. Section 3. Dates of Allowances and Increases. The initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective on January 1, 1994, subject to the approval by the Board of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act. Updated Service Credit Annuity Increase Ord/1993 Section 4. Employee Deposit Rate. All Employees of the City of Wylie, who are members of the Texas Municipal Retirement System, shall make deposits to the System at the rate of six percent (6%) of their individual earnings. Section 5. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 1994. PASSED and APPROVED this the day of . 1994. ATTEST: APPROVED: • Mary Nichols, City Secretary John W. Akin, Mayor Updated Service Credit Annuity Increase Ord/1993 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS) "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE, ARE IN THE EMPLOYMENT OF THE CITY OF WYLIE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS ACT"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit (as that term is defined in subsection (d) of Section 853.402 of the TMRS Act). (b) On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, who has unforfeited credit for prior service and/or current service, and was a contributing member on the 1st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said Section 853.601 both as to the initial grant hereunder and all future grants under this ordinance. (c) The Updated Service Credit hereby allowed and provided for shall be 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act.) (d) Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. Updated Service Credit Annuity Increase Ord/1993 City of Wylie AGENDA COMMUNICATION 9 �1 Legal Steven P. Deite '' u,. SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 12/9/93 3 Ordinance Prohibiting Smoking in Municipal Complex SUMMARY OF SUBJECT: '- The City is implementing a smoke free policy in the Municipal Complex. In order to give effect the policy it is necessary to change the City Code which currently allows smoking in the dispatch, courtyard, and lunch room areas of the complex. The proposed ordinance prohibits smoking except ia the dispatch area by on duty dispatch personnel. The dispatch exception will expire on December 1, 1994 at which time the building will become smoke free. The ordinance also limits smoking around the perimeter of the building to the back or north side, to avoid situation of entrances being used as smoke areas. i ALTERNATIVES: (1) Adopt ordinance prohibiting smoking in municipal complex, as presented (2) Adoption of ordinance restricting smoking in municipal complex, as modified by Council (3) Take no action and allow smoking in municipal complex to continue as is ACTION REQUESTED: Staff recommendation is to adopt ordinance prohibiting smoking in municipal complex, as presented. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: OVER/UNDER PROJECTIONS BY: PERSONNEL ❑ _ OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL 0 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. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY - PUBUC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM TO: City Council _,�, FROM: Steve Deiter �. SUBJECT: Ordinance Changing Smoking Policy in Munic' al Complex DATE: December 8, 1993 The City Manager, in consultation with the Council, has implemented a smoke free policy in the municipal complex. In order to implement the policy it is necessary to pass an ordinance amending the current policy which allows smoking in the courtyard, lunch room, and police dispatch area. The proposed ordinance does away with the courtyard and lunch room as smoking areas. It further restricts the smoking in the dispatch area to limit it to dispatch personnel who are on duty at the time. The reasoning for the exception is that dispatch persons cannot leave their post for a smoking break, unlike other employees. The proposed ordinance continues the exception for dispatch for one year, but after November 30, 1994 the smoking prohibition will apply to dispatch as well. Finally the ordinance prohibits smoking around the perimeter of the building, except in the back. The City Manager requested this provision to avoid the situation of taxpayers entering the building having to walk past smoking employees who would likely stand near the doors to smoke. Please do not hesitate to contact me should you have any questions concerning the content or the effect of the proposed ordinance. cc: Steve Norwood 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS, AMENDING SECTION 8.00 OF CHAPTER OF THE WYLIE CITY CODE, BY FURTHER RESTRICTING THE AREAS IN THE WYLIE MUNICIPAL COMPLEX WHERE SMOKING IS ALLOWED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE • WHEREAS, Section 8.00 of Chapter 7 of the Wylie City Code prohibits smoking in the Wylie Municipal Complex except for the areas of the courtyard, the lunch room, and the police dispatch area; and, WHEREAS, the City is engaged in an ongoing wellness program promoting the good health of its employees; and, WHEREAS, the City Council has determined that it would promote wellness of the City employees, thereby making them more productive to the City, if smoking were further restricted in the Municipal Complex, as a substantial number of City employees spend their work day in the Complex; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 8.00 of Chapter 7 of the Wylie City Code be, and it hereby is, amended by deletion of the existing section 8.00 and substitution of the following therefore: (for purpose of comparision the new section is in italics and the existing section is lined out) 1 "§ 8.00 SMOKING IN MUNICIPAL COMPLEX-RESTED-PROHIBITED Smoking in the Municipal complex is prohibited except as follows: Smoking-iisproktbited-in-all-sress-ef-tke- rti -eornple* eepi-ift-designs s ng smoking-ar s--Tke-designated- (eking areas--are: (a) Police dispatch personnel, while on duty, shall be allowed to smoke in the dispatch area of the police department, up to and including November 30, 1994. (a}The-eour rel;, (b) On and after December 1, 1994 the above exception shall expire and no exceptions shall be allowed. fb}The-lanek--reomr fe+The-poliee-dilate#-area- The prohibitions of this section shall include, without limitation, the courtyard area of the municipal complex, as well as the areas within 30 feet of the South, East, and West exterior walls of the municipal complex building. " SECTION II Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended. 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 V That all other ordinances and code provisions in conflict herewith 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. 2 SECTION VI 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 14th day of December, 1993. By John W. Akin Mayor A n EST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 conjunction with other activities approved by the weeks of the date of mailing a notice by registered city council. mail with return receipt requested to his or her address,shall be deemed guilty of a misdemeanor. (Ord.87-5 adopted 1-13-87,Sec.2) (Ord.85-9 adopted 3-12-85,Sec.3) § 7.03 Penalty for Violations § 9.03 Mutilating, Defacing Library Any person, firm,corporation or other entity who ' Materials is found guilty of violating the terms of this section shall be deemed guilty of a misdemeanor Every person who shall willfully or wantonly cut, and upon conviction of any such violation, shall mutilate, mark, tear, write upon, .deface or be subject to a fine not to exceed the amount otherwise destroy or injure in whole or in part,any permitted by state law. book, pamphlet, periodical, map or document, picture, or written, engraved or printed paper (Ord.87-5 adopted 1-13-87,Sec.3) belonging to the Wylie Public Library, or shall suffer any such injury to be inflicted while such property is in his or her custody,or shall willfully § 8.00 ,SMOKING IN MUNICIPALS or wantonly injure any of the furniture or property COMPLEX RESTRICTED in the building of the Wylie Public Library, or shall willfully or wantonly mark or deface or in any way injure the Wylie Public Library or any Smoking is prohibited in all areas of the municipal part thereof,or any fixtures therein or appertaining complex except in designated smoking areas. The thereto,shall be deemed guilty of a misdemeanor. designated smoking areas are: (Ord.85-9 adopted 3-12-85,Sec.4) (a) The courtyard; § 9.04 Refusing to Pay Overdue Fine (b) The lunch room• Deemed Misdemeanor (Ord.87-32 adopted 6-23-87,Sec. 1) Every person who is assessed a penalty for failure to timely return any item lent them by the Wylie (c) The police dispatch area. Public Library and who refuses to pay the penalty shall be deemed guilty of a misdemeanor. (Ord.89-4 adopted 1-24-89,Sec. 1) (Ord.85-9 adopted 3-12-85,Sec.5) § 9.00 THEFT FROM LIBRARY; OVERDUE BOOKS AND MATERIALS; MUTILATING LIBRARY MATERIALS § 9.01 Theft of Library Materials Every person who shall take from the Wylie Public Library any book, pamphlet, periodical, paper or other property,except in accordance with the rules of such library,shall be deemed guilty of a misdemeanor. (Ord.85-9 adopted 3-12-85,Sec.2) § 9.02 Overdue Books Every person who shall take or borrow from the Wylie Public Library any book, pamphlet, periodical, paper or other property and neglect, refuse or fail to return the same within two (2) 7-11 City of Wylie - AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 12/14/93 4 Public Hearing and Ordinance on SUP Request for - Auction House in Residential District SUMMARY OF SUBJECT: As Council is aware, Doyle Spurgin has made application for an SUP for an Auction House in a retail zoning category. The Planning afrd Zoning Commission recommended approval of the request but did not specify any conditions. The staff, however, has reviewed the request thoroughly and attached is a memo from the City Manager outlining the recommendations. We have attached two ordinances for your consideration. One includes our recommended conditions with no time limit and one includes an 18 month expiration to allow time to review the SUP for problems and complaints ALTERNATIVES: (1) Approve Ordinance - Alternative #1 - No Time Limit (2) Approve Ordinance - Alternative #2 - 18 Month Renewal Required ,- (3) Approve Ordinance Removing All Conditions (4) Table Action Pending Submission of Site Plan and Scaled Drawings (5) Deny Request ACTION REQUESTED: Staff's concerns and recommendations are outlined in the attached memorandum from the City Manager V I 1 • REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: • OPERATIONS 0 ONE-TIME 0 • S +- . CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPO NG DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION _ OTHER BUDGET WYUE 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 AOXF/ CITY MANAGE Memorandum DATE • December 10, 1993 TO : Mayor John Akin and City Council FROM : Steve Norwood, City Mana,, r SUBJECT : Proposed Auction House Ordinance At Tuesday night's meeting, the Spurgins will formally be requesting a special use permit to operate an auction house in a retail zoning classification. On Monday, December 6, the Planning and Zoning Commission approved this special use permit with no requirements. The purpose of a special use permit is to identify certain requirements to be placed on the business to promote the city and surrounding uses. Although the Planning and Zoning Commission did not specify any requirements, the Spurgins made reference to several requirements that they would be willing to comply with. I strongly urge council to require these as part of the SUP. They are: 1.) occupant load not-to-exceed 100, 2.) must provide parking for 50 spaces, 3.) must have executed agreement with the First Baptist Church for parking prior to issuing a certificate of occupancy, 4.) limit the use to antiques, collectibles and estates. Industrial type products and equipment are not allowed, 5.) all commercial type products and equipment (estate) will be conducted offsite, and 6.) auction to be limited to two evening per week. The auctio n be held prior to 6:00 p.m. and must conclude no-later-tha 10:00 .m. s Also, the Spurgins have not submitted scaled drawings (site plan), as this is required of all building projects in our city. At this point, since the city does not have the drawings, we cannot guarantee that a fire sprinkler system will not be required. I also think the city should see drawings so that you will have information as to the layout and potential impacts to the area. It is imperative, for public record, the Spargins understand that if 1 certain combustibles, flammables, and other hazardous materials are allowed to be stored on site, it will trigger more stringent building and code requirements. The auction house contents should be compatible with other like establishments in the area. There are two ordinances attached for council's review. Alternative #1 basically outlines the conditions that I have set forth above. Alternative #2 is identical with the exception of the special use permit being temporary and limited to a period of 18 months. This would allow council to monitor the auction house and ensure that it is compatible and does not pose any negative impact to surrounding businesses. Steve Deiter is out of the city and still needs to review both ordinances. I have instructed the Building Official to closely monitor this situation and to ensure all building, health, fire and safety items are added. Russell Wyman, Building Official, will be in attendance at Tuesday night's meeting. Please contact me should you have any questions. 2 ORDINANCE NO. Alternative #1 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE AS HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR AN AUCTION HOUSE AS HEREIN DEFINED ON A TRACT OF LAND DESCRIBED AS LOTS 17 AND 18, BLOCK 18, RAILROAD ADDITION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, A Specific Use Permit for an Auction House has been requested by Doyle Spurgin for the property described as Lots 17 and 18, Block 18, Railroad Addition; and WHEREAS, the Planning and Zoning Commission of the City of Wylie and the governing body of the City of Wylie, in compliance with the laws of the State of Texas and the ordinances of the City of Wylie, have given the requisite notices by publication and otherwise, and have held public hearings and afforded a full and fair hearing to all property owners generally, and to all persons interested in and situated in the affected area and in the vicinity thereof, the governing body in the exercise of its legislative discretion has concluded that the Comprehensive Zoning Ordinance of the City of Wylie should be amended-as follows: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas: Section 1. That the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, be and the same is hereby amended so as to grant a Specific Use Permit for an Auction House as provided herein on the following described property: Lots 17 and 18, Block 18, Railroad Addition and further described on the approved site plan attached hereto as Exhibit "A". Section 2. That the Specific Use Permit shall be subject to the following special conditions: 1. The approved uses shall be limited to retail uses including the sale and/or auction of antiques and collectibles and the sale of estates 2. A parking agreement with the First Baptist Church providing the deficient number of minimum parking spaces required shall be executed to the satisfaction of the City of Wylie prior to issuance of a Certificate of Occupancy The occupancy load of the building shall be limited to 100 persons 4. That a scaled site plan shall be submitted to and approved by the Building Official prior to issuance of a Certificate of Occupancy and attached hereto as Exhibit "A" and made a part of this ordinance. 5. That a minimum of 50 parking spaces shall be provided either on- site or by way of official agreement with the First Baptist Church 6. No industrial products or equipment are authorized for sale or auction under the terms of this SUP 7. '` That all non-residential auctions shall not take place in or on the property described herein but must take place off-site •L :. That auctions are limited to two (2) nights per week between the hours of 6:00 p.m. and 10:30 p.m. as proposed by the applicant • Section 3. That the above described tract of land shall be used only in the mannerandlor the purposes provided for in the Comprehensive Zoning Ordinance of the City.of Wylie as heretofore amended, as amended herein by granting of this Specific Use Permit and as may be amended in the future. Section 4. That all ordinances of the City of Wylie in conflict with the provisions of this ordinance be, and the same are hereby repealed to the extent of that conflict. Section 5. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a penalty of fine not to exceed the sum of TWO THOUSAND DOLLARS ($2,000.00) for each offence and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 6. If any section paragraph, or provision of this ordinance or the application of that section, paragraph, or provision to any person, firm, corporation or situation is for any reason judged invalid, the adjudication shall not affect any other section, paragraph, or provision of this ordinance or the application of any other section, paragraph or provision to any other person, firm, corporation or situation, nor shall adjudication affect any other section, paragraph, or provision of the Comprehensive Zoning Ordinance No. 85-23A pf the City of Wylie, Texas, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and,to this end the provisions for this ordinance are declared to be severable. Section 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED AND APPROVED this 14th day of December, 1993. APPROVED ATTEST ORDINANCE NO. Alternative #2 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE AS HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR AN AUCTION HOUSE AS HEREIN DEFINED ON A TRACT OF LAND DESCRIBED AS LOTS 17 AND 18, BLOCK 18, RAILROAD ADDITION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, A Specific Use Permit for an Auction House has been requested by Doyle Spurgin for the property described as Lots 17 and 18, Block 18, Railroad Addition; and WHEREAS, the Planning and Zoning Commission of the City of Wylie. and the governing body of the City of Wylie, in compliance with the laws of the State of Texas and the ordinances of the City of Wylie, have given the requisite notices by publication and otherwise, and have held public hearings and afforded a full and fair hearing to all property owners generally, and to all persons interested in and situated in the affected area and in the vicinity thereof, the governing body in the exercise of its legislative discretion has concluded that the Comprehensive Zoning Ordinance of the City of Wylie should be amended as follows: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas: Section 1. That the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, be and the same is hereby amended so as to grant a Specific Use Permit for an Auction House as provided herein on the following described property: Lots 17 and 18, Block 18, Railroad Addition and further described on the approved site plan attached hereto as Exhibit "A". Section 2. That the Specific Use Permit shall be subject to the following special conditions: 1. The approved uses shall be limited to retail uses including the sale and/or auction of antiques and collectibles and the sale of estates 2. A parking agreement with the First Baptist Church providing the deficient number of minimum parking spaces required shall be executed to the satisfaction of the City of Wylie prior to issuance of a Certificate of Occupancy 3. The occupancy load of the building shall be limited to 100 persons 4. That a scaled site plan shall be submitted to and approved by the Building Official prior to issuance of a Certificate of Occupancy and attached hereto as Exhibit "A" and made a part of this ordinance. 5. That a minimum of 50 parking spaces shall be provided either on- site or by way of official agreement with the First Baptist Church 6. No industrial products or equipment are authorized for sale or auction under the terms of this SUP 7. That all non-residential auctions shall not take place in or on the property described herein but must take place off-site 8. That auctions are limited to two (2) nights per week between the hours of 6:00 p.m. and 10:30 p.m. as proposed by the applicant 9. That this Specific Use Permit is limited to a period of eighteen (18) months from the date of approval Section 3. That the above described tract of land shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Wylie as heretofore amended, as amended herein by granting of this Specific Use Permit and as may be amended in the future. Section 4. That all ordinances of the City of Wylie in conflict with the provisions of this ordinance be, and the same are hereby repealed to the extent of that conflict. Section 5. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a penalty of fine not to exceed the sum of TWO THOUSAND DOLLARS ($2,000.00) for each offence and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 6. If any section paragraph, or provision of this ordinance or the application of that section, paragraph, or provision to any person, firm, corporation or situation is for any reason judged invalid, the adjudication shall not affect any other section, paragraph, or provision of this ordinance or the application of any other section, paragraph or provision to any other person, firm, corporation or situation, nor shall adjudication affect any other section, paragraph, or provision of the Comprehensive Zoning Ordinance No. 85-23A of the City of Wylie, Texas, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions for this ordinance are declared to be severable. Section 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED AND APPROVED this 14th day of December, 1993. APPROVED ATTEST M I N. U P E S THE PLANNING AND ZONING COMMISSION MET IN A REGULAR BUSINESS MEETING AT 6:30 P.M. , MONDAY, DECEMBER 6, 1993 IN THE COUNCIL CHAMBERS OF THE MUNICIPAL COMPLEX, LOCATED AT 2000 HIGHWAY 78 NORTH WYLIE, TEXAS. A QUORUM WAS PRESENT AND A NOTICE WAS POSTED IN THE TIME AND MANNER REQUIRED BY LAW. COMMISSION MEMBERS PRESENT: CHAIRMAN, BART PEDDICORD; STUART ALLISON, RICHARD ECKMAN, CLEO ADAMS, JOHN CROWE, AND BOBBY JENNINGS. STAFF MEMBERS PRESENT: BUILDING OFFICIAL, RUSSELL WYMAN; AND SECRETARY, NITA BOHLS. ABSENT: VICE CHAIRMAN, MIKE HAWKINS, EXCUSED. CALL TO ORDER: CHAIRMAN PEDDICORD CALLED THE MEETING TO ORDER AT 6:30 P.M. . • PUBLIC! HEA12.2 NG ITEM NO. 1: HOLD A PUBLIC HEARING TO DISCUSS AND CONSIDER RECOMMENDING APPROVAL OF A REOUEST FROM DOYLE SPURGIN OF PHOENIX GALLERIES FOR A SPECIFIC USE PERMIT TO ISSUED, ALLOWING AN AUCTION MOUSE (ANTIOUES, COLLECTABLE AND ESTATE SALE AUCTIONS) TO BE LOCATED AT 130 NORTH BALLARD. ALSO DESCRIBED AS LOTS 17 AND 18 OF BLOCK 18 OF THE RAILROAD ADDITION: Chairman Peddicord opened the Public Hearing. Mrs. Patricia Spurgin of 302 North Ballard, co-owner of Phoenix Galleries gave a summary of how Phoenix Galleries were anticipating running the Auction House. Mrs. Spurgin went over days and hours of operation (starting at 6:15 p.m. and end no later than 10:15 p.m. on Tuesday and Saturday) , occupancy load they anticipated (100 occupancy load) , future concession stand, no outside storage would be used, renovation of the building and parking (one parking space for every two people, parking to accommodate 50 cars) . Commission Members had concern about required parking for the down town area. Mrs. Spurgin's response to this was that parking would not be a problem. The First Baptist Church's Pastor, located directly behind the building, had given permission for use of their parking lot to accommodate overflow parking. Mrs. Spurgin stated that her husband, Doyle, as well as herself were licensed auctioneers and that they would run their auction according to State Laws that pertain to Auction Houses. The Planning and Zoning Commission had concern regarding flammable liquid that might be stored at the Auction House. Mrs. Spurgin assured the commission that any item that would contain such liquids would be emptied (i.e. Lawn mowers, paint and oil lamps) and would be stored in their Plano storage to enable the gases to be aired before transporting to the Auction House located in Wylie. Paints and other such items be auction at the business site or discarded. Chairman Peddicord closed the Public Hearing. The Planning and Zoning Members discussed the Auction House and after consideration a motion was made by Bobby Jennings and seconded by Richard Eckman to approve to go before the City Council for consideration to grant a Special Use Permit for an Auction House (Antiques, collectable and Estate Sales) located at 130 North Ballard in the Down Town area. Motion carried with 5 votes in favor and 1 against. ACTION ITEM : ITEM NO. 1: DISCUSS AND CONSIDER APPROVAL OF A%SITE PLAN OF THE TRAILS PLACE ADDITION WHICH INDICATES THE LOCATION OF THE BUILDINGS WHICH ARE ACCESSORY TO THE MULTI-FAMILY STRUCTURES: Russell Wyman. Building Official, briefed the members of the problem on the plat for Trails Place Addition. The apartments had car-ports and were 60% built. The car-ports were not indicated on the site plan and did not meet the set back requirements. After discussion the members decided that the carports would not be a problem and that they could continue with construction. A motion was made by Bobby Jennings and seconded by Cleo Adams to continue and finish construction of apartment buildings with car- ports located in the Trails Place Addition. Motion Carried, all in favor with 6 votes. CITIZEN' PA.R1112CIPATION : None. ADJOURN: Chairman Peddicord adjourned the meeting at 8:05 P.M. . Motion carried, all in favor with 6 Votes. RESPECTFULLY SUBMITTED: BART PEDDICORD, CHAIRMAN NITA BOHLS, SECRETARY IV (4 00 CITY OP' VCTYIaIE 2000 HWY. 78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC HEARING NOTICE The Planning and Zoning Commission will hold a public hearing on December 6, 1993 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, December 14, 1993 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North Wylie, Texas, to consider approval of a request from Doyle Spurgin of Phoenix Galleries for a Special Use Permit to be issued for an Auction House (selling antiques, _.._ collectables and estate sale auctions) located at 130 North Ballard, also described as lots 17 and 18, block 18 of the Rail Road Addition, an addition to the City of Wylie, Collin County, Texas. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ\CC-DOYLE SPURGIN Return this form to: Russell Wyman, Building Official P.O. Box 428 Wylie, Texas 75098 I am in favor of the request for the reasons listed below // I am opposed to the request for the reasons listed below • ,.. 1. _T 1ti9i/6-- )0604 171)x Mal - Sh41 CJrf 3 16 `-5 2. fliv - , / a 7;0-71 A ._;ueL(--14-sue Tp9c 14964f Signature Printed Name /40X d q SpcK Address )d &a2( 13 oo Aid, 7G=x _-� �i s' I e CITY o ' V�TYLIE 2000 HWY.78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC HEARING NOTICE The Planning and Zoning Commission will hold a public hearing on December 6, 1993 at 6: 30 p.m. and the City Council will hold a public hearing on Tuesday, December 14, 1993 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North Wylie, Texas, to consider approval of a request from Doyle Spurgin of Phoenix Galleries for a Special Use Permit to be issued for an Auction House (selling antiques, collectables and estate sale auctions) located at 130 North Ballard, also described as lots 17 and 18, block 18 of the Rail Road Addition, an addition to the City of Wylie, Collin County, Texas. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ\CC-DOYLE SPURGIN Return this form to: Russell Wyman, Building Official P.O. Box 428 Wylie, Texas 75098 I am in favor of the request for the reasons listed below I am opposed to the request for the reasons lis d below 1' .6p 0e �� �'C I ,a}'1 �`7c?US� c vvl 5 <:- sbrrc" •..� S arvN, ,-b f ec- ier gy. f e4571 4V- ail ge ''//'' n 5 -/� C.)�7 j� A-, I7 pp �eG ,e rnd - 14- 1, - h fick n &t L3 tc� Si natur- ""�/ d)c6 g 11 171- I • Printed - ie �Ccni y 6Ir)�4.7 Address //3 bi/A41 ya tit y4 Lt 1�. S rfrk Ft. AFL. /. Y`-L , gv+ r a e rb%- 441 t 54r ee -fr d M rn-e. A a ir S 71L, i/1J /40 i4s f- n cr 4' �a. C 1.-4 s fro.•.. �,. Lc_ A•j 6 • De-ter,ic Z R�•.. Goo k, ,, "Jr- yeeS5 LOd k S L , r Ae//, *, pie CITY OF' WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC HEARING NOTICE The Planning and Zoning Commission will hold a public hearing on December 6, 1993 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, December 14, 1993 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North Wylie, Texas, to consider approval of a request from Doyle Spurgin of Phoenix Galleries for a Special Use Permit to be issued for an Auction House (selling antiques, collectables and estate sale auctions) located at 130 North Ballard, also described as lots 17 and 18, block 18 of the Rail Road Addition, an addition to the City of Wylie, Collin County, • Texas. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ\CC-DOYLE SPURGIN Return this form to: Russell Wyman, Building Official P.O. Box 428 Wylie, Texas 75098 i//'. I am in favor of the request for the reasons listed below I am opposed to the request for the reasons listed below 1. 2. 3. _... Signature / /'- Printed Name /- Address 7'9/Gv 1/cu/ 727 Po 5 1 V/1 /;p ,7C -7 Tv96 CITY OF WYLIE 2000 HWY.78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 - NOV 2 2 PUBLIC HEARING NOTICE The Planning and Zoning Commission will hold a public hearing on December 6, 1993 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, December 14, 1993 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North Wylie, Texas, to consider approval of a request from Doyle Spurgin of Phoenix Galleries for a Special Use Permit to be issued for an Auction House (selling antiques, collectables and estate sale auctions) located at 130 North Ballard, also described as lots 17 and 18, block 18 of the Rail Road Addition, an addition to the City of Wylie, Collin County, Texas. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ\CC-DOYLE SPURGIN Return this form to: Russell Wyman, Building Official P.O. Box 428 Wylie, Texas 75098 Y. I am in favor of the request for the reasons listed below I am opposed to the request for the reasons listed below 1. CCU& wee r\o ct" o �- 2. 3 . -,, Signa 40641110 Printed Name 46 41. ,y. Address Zo `1 ASP(U Rb k le I--154 75cx3E5, p 5"---- .238 AC. 56.12 247.061 • • • J.C. Q M.N. .--,,ear, eQ " BILL KREYMER J Ni I f ,� I I �, KREYME Ti M .30 AC. l .27,AC •I87 so'- BROWN • " , ...._j " �N 89• w " 1 -- ,r ''-7 ' 17 'n 150' r- •125 70' 125' Fatal 80 I O , 160 160 135 10 1 10 10 36 `° .r O 30 It ! 9 Q 9 2 9 2 9 2 5 • '� 2! 3 IS s • ; 8 ` 3 8TIM 8 0 3 8 O 3 37. '� • 7 4 7 4 v� 2>t 14 .. a T 4 7 4 1 + 3 ta7' =„ 13 'n 6 5 6 5 6 5 , q , 1Mdor • in' -- '.. . i . r _ 'D ISO' 125' 125' 125 160 160 i 1i -1' °J E F F E R S 0 N ° .e. ' ►5' sewer =__—— —— —— — �.,�-'. P` STREET p4.). I- 1... Eau menl-'"4. I IOw , in 16 ' ;CZ 26 �Z 1O 1 IA ' W 1 176 ' i ,�,P•( 2 PO - ' T 2 Imo .' IllE OM C , CO2 -2 2 D i 4ti 2 4 • 3 N"., '' 145' $ 123" VI 7 3 i 3t b 23 T..� 4 c 11 6 o 4 it v , p �- N �/,22 / .:.�i� • i../"'J'� a s • ` •-4b+ 6• it :..ti 85' 60' _ 125' '., • ' O aMAR BLE , 1s 125' ° STREET ° . 8. WPM 7°' 11 O � 1s . '^ 70 2701 M 8J / IC 1 ,,,,„in It 2 ' •`1)• . 13 (I 9 3 - .in 069 2 r 13 WOW= . 12 4 111:111.r3 :I VI,. 11 .. aS t ,� 'Si�e� ` 6 ri 125.0' s7� 4111. ! 1 1 " ME �l:+1 7 125' 10 12�' 12. Lam' �-�' r:.il ° \ 0. OAK I• .. ° STREag T t � ; m 'I t �� 341) / .o L,, �o • i . .: It 2 i - 12 4 � • � le Z � 14 11 i N 6 14 i• -T- City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 12/14/93 5 ppointment with Tony Mooney, Wylie Bicycle Shop, Regarding Rails to Trails SUMMARY OF SUBJECT: Mr. Mooney has scheduled an appointment with Council to discuss DART and conversion of rails to trails. We have not questioned Mr: Mooney regarding his proposal but understand he intends to ask for budget consideration. ALTERNATIVES: ACTION REQUESTED: • . _ _ _ _ _ } REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S 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 WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES _ LEGAL 1 , 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 SUBMISSIO • CITY COUNCIL -..."---- rer ..logroo&A . , - f - CITY MANAGER jJ ieleinitiKeA} October 27, 1993 City Manager City of Wylie Highway 78 Wylie, TX 75098 Dear Mr. Norwood: I have been working on a project involving D.A.R.T. and the unused rail line they own that is located between Murphy and the Wylie City Complex on Highway 78. I have developed a proposal for the use of this rail property as a recreational trail for the citizens of Wylie and others in the area that will cost the City of Wylie little or nothing. I would like the opportunity to present this proposal to the Wylie City Council at the second council meeting in November 1993 . The length of the presentation will be about 10-15 minutes. Please advise me if this is possible and what time I should be at council chambers. If there are any furthur questions, please feel free to contact me. Thank you for your assistance. Y\in Frank Mooney Owner, Wylie Bicycle Shop City of Wylie AGENDA COMMUNICATION g• Steven P. SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 12/9/93 (e Disannexation of David Davis Property } SUMMARY OF SUBJECT: The subject property was purchased earlier this year by the Davis's and was voluntarily annexed in 1985. It contains approximately 10 acres and is located in Collin, Dallas, and Rockwall Counties. The City has not °- provided sewer service to the property. Eastfork WSC has jurisdiction for water. There is no one residing on the property so the City cannot be forced to disannex the property. However the Council may properly disannex the property if it so desires. ► ALTERNATIVES: (1) Adopt ordinance disannexing the property from the City; (2) Decline to take action on request for disannexation ACTION REQUESTED: Staff recommendation is for passage of Ordinance disannexing Davis property from the City. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ S • CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: • SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET __ WYUE 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 PUBUC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER •.•. .... .. - • j ' ' • ' i '•.......7.!'.‘1.1............'......-::.:. • 1 I : 1Cilc:26 1- , • • ..: ',••. . . ''''.••••[:::•:' . .•,....,....7,:.;.:......,:::::,:....... .• •• • ..,,..:,..;.:,......;........ . -Li h.... 4 . . .,.... ‘ ....,.,,.............:.:..•......::;:::::,'...............:'.::‘:..........:;,....1....;.::,1.....,..:::....,.........•.' .4, 1 9 . 1 :t . . . . . • • •••• ..............,.. ,... • • .....•:........•:.!..,..•....,....•„. 0 . I . , , • ''''......:.',.'........:.',....:'...:::••••":.•,..::::.;...'..........'....'s.'''',''''''... „ ,..• ...• •• .......... • ... ,.., ... ''''41%•;.•''% ••• •'. .% . i I I ••••••d.1 • . ,•••••......•. 11. •, ..% 1 ...... • ...........:.:::....... .. .............. , ...„.,.:.:....,.. .. .,.,. i , , , ..:...........••,..... . ........„:::„.... . , . • ,•,.....i .•....,.......,...„. , ...... ., • • ::........,.• ..• ........ .._• ._.• ._•• .,.... _.... , , . , ..•-•• , •, , ,-•,. ,- ‘1.• r. ' . ' '''" • . 7- ' . . •• 1 ;• — %.,. --''. 7 —:" • 1 • ;.•' e'•••...... • :'.'•''':::::';''...• • ;.. • :".••••.::.:::::::;', •j•::::•••••••:.•••.::::::... '....:'•:::•:•:•:....• • ••••••••...... ............, . .....:::•:•:.•.....::::::.• . ...... ••••••::::::.-••••::•::. ,......:::::::.:;•:•...• ''''•'• '''''''' :•:::::•:.,!;.,:;:••••• . • '•••::::''..:'.:•:•. ,.............1 . ....:::::::.:N..:•::'r •.%::::::..................... '.••••••...I..%.• ;.....:.:.X.%.:% ......•....• .........:•:':':':.:‘..... ....••......... ...1....';::...;:7 . ' , Y .• . .7:7...•:.:•:.•7:7..• •.......... ...,.• „•....... ... ...,.,.....,.. •..... ..........•.•. . 7:.7::..'''•../..' ."..•....•••.... ' •'•'.'.';'.'•::':•'.7'• '•;•7.:::',•$.',...., •.........,...• ...........,....... • :::7::%.:''.........7•:.' ......., ,.. .• •.•:., , . .„ .•.. . ...7"....":"...•'•::::::.7.... . ''7...........7:......... .. . ..... .."....7:7:7i......:a :::.......;....... ,,.•.....•............ ... .............. ••••••••',......., •'.:;:.:::•;...:'''' . •.... ............ .•.. . ...,. . ........::::7?.:'.......7. ....•.,...-. • ' ...:',..........T......:7•:''. . ,. •• •.. . .... .. ; 7.,••••••••..' ' • .-.',:..'.......... •.',........:::•-.7: ••• '" ••••••......"...• . .... ••'• • •'•....... •• . ...•..... ... i •;•'..' ::I i '•:::::......:..:....... . 1 1 ' ::•:•••f ,: • • ••... i : 1. • 1 ...,......... ,• . • e :I ' f:••••.1 , •• ...•..•...,......... ...••.,e..... , . . . . • .1 MEMORANDUM TO: City Council ` FROM: Steve Deiter . Aar SUBJECT: Disannexation of Davis Property DATE: December 9, 1993 The above referenced property was purchased earlier this year by David and Patricia Davis who have requested that the same be disannexed from the City (see previous Memo dated May 5, 1993, for background). To refresh the Council's memory the land is located across the road north from Lake Ray Hubbard MHP, now Redwood on the Lake MHP. 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 one resides on the land in question and therefore a petition to force the disannexation cannot be used to force the City to disannex the property. Although the owner cannot force the disannexation but the Council may grant the request if it so desires. The staff is recommending that the request be granted as it does not appear that keeping the property in the City will be of any significant advantage to the City and conversely disannexing the property would not seem to be of any detriment. From a legal perspective I am not making a recommendation one way or the other, as leaving the property in or taking it out are equally permissible legally. In the event the Council desires to grant the request for disannexation it is necessary to pass a disannexing ordinance. I have attached a draft of such an ordinance for your consideration, and possible adoption at the December 14, 1993 Council meeting. Should any of you require further information or background on this matter please advise. cc: Steve Norwood 1 # dry a '. - ; ( 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 eight 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, c. The subject property is composed of at least three contiguous acres that are unimproved and adjoining municipal boundaries; 1 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 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. 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 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 14th day of December, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 KkADI-k- Pv 40 O JrJ;AcA.Ac(c f ct 3 — 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 c property locate! on Vinson Road in the Counties of Dallas. Rockwall and Collin. Texas. out of the J. D. SHELBf SURVEY, ABSTRACT NO. 819 and N. A. ATTERBURY SURVEY. ABSTRACT R0. 1763 and "" being known an s 10.00 acre tract out of • 78.2 acre tract conveyed to Russell Addington by Paul Addington and Alice Addington by deed of record is Volume 420. Page 135. Collin County Deed Records. Volume 3400. Page 74, Dallas County Deed Records and Volume 46. Page 592. Rock- wall County Dee! Records. said 10 acres being described as recorded in Exhibit eA'. filed in Volume 82076 at Page 0013 of Deed Records of Dallas County, Texas. and in Volume 1513 at Page -4 792 of Deed Records of Collin County. Texas and being ■ore particularly described as follows: COMMENCING at a highway marker located at the intersection of the East Right-of-Way line of Fars 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 • highway marker for corner; -' Thence South 45 deg. 52 min. East with the Northeast line of Vinson Road 1588.1 feet to an 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 42.90 feet to a point for corner; 9 Si. 2. South 3J deg. 08 min. F.est 383,00 feet to s point for corner; 3. South 73 deg. 10 sin. East 316.40 feet to a point for corner; "" 4. South 08 deg. 30 min. 37 sec. East 99.54 feet to a stake for corner located in old fence line; THENCE Souts 8d deg. 48 min. 29 sec. West with said old fence line 335.92 feet to an iron stake for cdraer; THENCE Souta 00 deg. 57 min. Vest crossing the survey line between Collin County and Rockwall Coanty, 1612.:7 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 11 ,... .lvs+ , .. ' , OA, ooe 111• 4.. or • , q...NN. I oil leoi t.,,,ont,00 o•eo -ow 0.who I \ . I . Cl \ c•\ CIT-- (., w 71. .7\ 0 . 0 " .St" . 41 •.k 1 .I I / 3 I/ r I, r i v k avii-II ....6 II . ti k ... t • $0 1 i 1 %'la. ly ? r b 1,.\ s -- re ii L - — I I%) //j ot 1 I .4, _AS Aizry—F—AN•1-700 •#rt.t . u CI ' $' II TO NV". •46-• 70 601 PAU 0 ,00 66 sr. It 00,170 r ... . • • 414 .9/ P • •E. 6 . . 4 V.: & • & k e 0 0 .. s• \. sell i. , Log 2%0 7 go.07 6' -hi 1; L 1 1 1 1 : ; 1 1 i ' • 1. „ I . , • O A,".. 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" MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Disannexation of Davis Property DATE: May 5, 1993 CO Dy 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 • 58323 ORDINANCE NO. `Ja 8001G16 rA.•L981 AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN CO NTY, TEXAS, A TRACT OF LAND OF THE sh.e.t�, y ova - -4'-- ��1 Sy 9 SURVEY, ABSTRACT NO. ir `�/9 b� /2/ , UPON PETT I ON OF L1�` .��� 1 ___ (11•1X64 /,//7 WHEREAS. e/ ZXj/ 4-4;,2 26. has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) all of which said facts the City Council lherebyedefindsrestoebe true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit: e ci 1 ,L7/�C6/ i • 0 1 1 II B0022161.,•f Mt is ORDINANCE NO. "" CONT'D. be received, annexed to, and made to, part of - and the same is hereby received, annexedand made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the and, because planned improvements cupon said and theClay so Wcreate. e an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance ' shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE ���`i1� ----. 198� .,��L1� DAY OF 'We 6:5:: .....x7..) John W. Akin, Mayor- _ 0°.(4 OF G ` •ATTEST: _ sitzr (t1 E *€ �r 1 YZiE TEXP5 00/ mmaeauu Carolyn s, Secretary City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Russell Wyman DIRECT DATE REFERENCE NO. SUBJECT 12/10/93 Underground storage tank removal. f/ SUMMARY OF SUBJECT: Consider the authorization of funding to remove the underground storage tanks, all piping and plumbing equipment presently located at our Public Works Facility, 800 W. Kirby. Proposal has been submitted by U.S.T. consulting services, Inc. in conjunction with United Contractors to perform the removal, testing and submission of removal documentation at a cost of $8,939.88. ALTERNATIVES: 1. Approve as requested. 2. Approve with revisions. 3. Deny. ACTION REQUESTED: 1. Approve as requested. • REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ _•. S CAPITAL ❑ RECURRING 0 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. X CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBUC X BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSI• TO CITY COUNCIL ‘10 CITY MANAGER • - CONSULTING SERVICES, INC. Dallas Petroleum Cenre! Dallas(214) 991-71 13612 Midway. Suite 300 Metro(214) 263-71 Dallas,Texas 75244 Fax(214) 991-66 November 5, 1993 ESTIMATE NO: 93134 Mr. Russell Wyman City of Wylie 2000 Hwy 78 North Wylie, Texas 75098 (214)442-8151 F 142-4302 Site: Public Works, 800 West Kirby, Wylie Texas Project: Removal of (A) USTs Commen is: ---= s-------=-wse_zw==zzam222============wwwww:m4m2:3222=z2z=============alluswww This estimate includes United Contractings' Excavation Proposal No. 225 417 .,.0 Additional lab samples are not included in this estimate Liquid disposal or additional samples not included in this estimate. No rock excavation or shoring included Barricades and lights included for one week. USTCSI AND SUBCONTACTORS NOT RESPONSIBLE FOR EXISTING UTILITIES LINES. Thank you f this opportunity. =3==us/s..4z____sssssasss:ss==ram======sawszsszzz=====esassssw===========wwwwsswss • TOTAL ESTIMATE 88.239.88 szs=--_--saswssszs=r--====sassssswzsszzassssswwssssss-_ --=swssssssaaaws3 Thank for your consideration. $11%' Sae Bacon President CONSULTING SERVICES. INC. Dallas Petroleum Center Dallas(214) 991-71 13612 Midway, Suite 300 Metro(214)263.7 Dallas.Texas 75244 Fax(214) 991-6E November 8, 1993 Mr. Russell Wyman Building Official City of Wylie 2000 Hwy. 78 North Wylie, Texas 75098 Dear Russell, As per our discussion, the project to be undertaken is the removal of four(4) underground storage tank(UST) systems (i.e. one 8,000 gallon, one 6,000 gallon and two estimated at 1,000 gallon capacity). Removal procedures will follow TNRCC guidelines and American Petroleum Institute 1604 procedures. The scope-of-work will include: • Obtain necessary permits • Project oversight and regulatory liaison • Supervision of field work, subcontractors • Removal and disposal of(3)dispensers ,-., • Removal and disposal of pump island structtne • Excavation and temporary stockpiling of fill materials and native soils • Removal and disposal of product and vent lines and fittings • Maintaining of access through the tank area • Inerting and vapor checking of the tanks and tank enniromnent(LEL) • Removal and disposal of(4)USTs • Taking of up to(12)soil samples as directed by TNRCC • Analysis of samples for BTEXI TPH by a TNRCC appriwed lab • Backfilling and compaction to 90%proctor of the excavations with excavated materials and with select fill added to compensate for displacement of tanks. • Barricades with flashers for one week UST Removal Project-800 W.Kirby Scope And Exclusions Ctty((Wylie Page 2 • Preparation and submission of removal documentation including the following: Written description of condition of tanks and/or lines Cumulative table of analysis Written description of removal, transport and disposition of the tanks Written description of disposition of materials removed from the tanks Written description of disposition of contaminated solid wastes Conclusions and recommendations(if necessary) All waste manifests and laboratory reports Copy of original TNRCC Construction Notification Form TNRCC tracking Number, or acknowledgment letter Copy of amended TNRCC UST Registration Form Scaled site drawings Photographs(if available) Exclusions to the scope-of-work are: * Removal and disposal of liquid wastes and/or rinse agents * Lab analysis of additional samples over(12)in estimate * Plastic sheeting * Additional fill or berming materials * Excavation, or stockpiling of materials, other than that necessary to remove tanks * Excavation, transportation or disposal of contaminated materials * Paving or resurfacing of excavations * Saw cutting of concrete * Excavation of rock * Locating or repair of underground structures or utilities f We look forward to providing these services for you. Sincerely, - aR Saact Baca rv# President S B/fp frytk nt0 STw CONSULTING SERVICES, INC. Dallas Petroleum Center Dallas(214) 991-7117 13612 Midway, Suite 300 Metro(214) 263-7133 Dallas,Texas 75244 Fax(214) 991-6607 • October 28, 1993 Mr. Russell Wyman Building Official City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Dear Mr. Wyman, As per our discussion concerning the underground storage tank project at your Kirby Street address the attached is presented. Following our meeting, a detailed proposal will be submitted for your review. The enclosed Client List reflects our client base, the type and difficulty of the projects managed in the previous six years. Thank you for this opportunity. Sincerely, CA14,j1. Sam C. Bacon President SCB/fp (wyt 0) enclosures: USTCSI Partial Client List USTCSI Licenses and Certificates UST Consulting Services, Inc. Licenses and Certificates Sam Bacon and UST Consulting Service, Inc. (USTCSI) are licensed by the Texas Water Commission under Title 31, Texas Administrative Codes, Chapter 334, Subchapter I as an UST Installer/On-site Supervisor to perform: El Installations and Repairs of Underground Storage Tanks Lic. No. 1089 Type A El Removals of Underground Storage Tanks Lic. No. 1089 - Typb B And Under Title 31, Texas Administrative Codes, Chapter 334, Subchapter J as an Leaking Petroleum Storage Tank (LPST) Corrective Action Specialist to perform: 0 LPST Corrective Action Services Lic. No. Pend. Type C Sam bacon And USTCSI personnel are certified under OSHA/U.S.E.P.A. Title 29, Code of Federal Regulations, Chapter 1910,& 120 as a: El Hazardous Material Incident Technician/Manager Sam Bacon and UST Consulting Service, Inc. (USTCSI) is a Charter Member of the Texas Association of Storage Tank Professionals (TASTP) Partial Client List Major Food Products Companies Pepsi-Cola South Six Sites: Assessments, North Texas Region Remediation, Closures, Dallas, Texas and LPST Refund $420,000 The Kroger Company One Site: Assessment, Remediation, Irving, Texas Closure and LPST Refund $394,000 Mrs. Baird's Bakeries, Inc. Five Sites: Assessments, Closures, Dallas/FortWorth, Texas Remediation and LPST Refund $210,000 Petroleum Distribution Companies 1,4 Mobil Oil Corporation LPST Refund Application Dallas, Texas B P Oil Company, for Assessment, Closure, Remediation, Truckstops of America Rapid Response & LPST.Refund, Mesquite, Texas $144,500 National Convenience Stores, Inc. Eight Sites: Assessments, Closures & Stop N' Go Remediation Houston, Texas $345,000 Buckley Oil and Chemical Assessment & Closure Dallas, Texas $22,000 Caruthers Oil Company Assessment & LPST Refund Denton, Texas $34,000 L&M FastLane Convenience Stores Five Sites: Assessment, Closure, Irving, Texas Remediation & LPST Refund $185,000 Service and Small Distribution Companies J.C. Duncan Co. Assessment, Closure & Remediation - Arlington, Texas $154,000 B&R Rentals Assessment, Closure & LPST Refund Irving, Texas $45,000 North Texas Salvage Pool Assessment & Closure Grand Prairie, Texas $18,000 Federal. State and Local Government Raytheon Service Company / for Eight Contracts, 79 sites, Federal Aviation Administration Assessments and Closures Southwest Region $280,000 Texas, Louisiana, Okla. Fort Worth, Texas Federal Aviation Administration Nine Sites, Closures and Tank . . D/FW Sector Testing $48,000 Fort Worth, Texas Texas Department of Highways and 72 Sites, Survey and Assessment Public Transportation $22,000 Austin, Texas City of Burleson 3 Sites: Assessments, Closures, Public Works Remediation, & LPST Refunds Burleson, Texas $48,000 •. Kennedale ISD Closure Kennedale, Texas $6,500 City of Irving 3 Sites: Planning, Assessments, Irving, Texas Compliance Reports & LPST Refund $28,000 City of Mesquite Hazardous Waste Sampling & Mesquite, Texas Determination $1,000 City of Seagoville Removal & Assessment Seagoville, Texas $12,000 Public Service and Utility Companies Southwestern Bell Telephone Five Sites: Assessments, Closures & Architecture Division Remediation $160,000 Dallas, Texas TU Electric Service Company Remediation & Closure Fort Worth, Texas $28,000 KTVT Television Closure Gaylord Broadcasting Co. $7,500 Fort Worth, Texas Fort Worth Star Telegram Assessment, Remediation & Closure Fort Worth, Texas $32,000 Major Manufacturing Companies Johnson Controls, Inc. Assessment, Closure, Remediation & Battery Division LPST Refund $81,000 Garland, Texas Arrow Industries, Inc. Assessment, Recovery & General Carrollton, Texas Services $160,000 Gilbarco, Inc. Assessment & Remediation Dallas, Texas $30,000 Berryman Products, Inc. Planning, Assessment & Closure Arlington, Texas $228,000 Nationwide Papers Closure, Remediation & LPST Arlington, Texas Refund $26,000 Bates Container Inc. Assessment, Recovery, Remediation North Richland Hills, Texas & Planning $39,000 Motorola, Inc. Closure Fort Worth, Texas $4,200 Haggar Apparel Company 2 Sites, Assessments, Closures & Dallas, Texas Remediation $42,000 Weyerhaeuser, Inc. Closure, Remediation & LPST Carrollton, Texas Refund $49,000 Transportation Companies Overnite Transportation Company Closure, Recovery & Assessment Richmond, Virginia $125,000 Bilbo Freight Lines, Inc. Closure, Remediation & Compliance Dallas, Texas Reports $11,000 H.R. Hill Trucking Company Emergency Spill Response Duncan, Oklahoma $5,500 Refrigerated Transport, Inc. Closure & Remediation Dallas, Texas $23,000 Transcon Lines, Inc. Assessment Sunset Hills, Missouri $11,000 Lending Institutions and Investment Groups General Motors Acceptance Corp.. 2 Sites: Assessments Ken E. Davis Associates, Inc $2,300 Southbend, Indiana Bright Reality (RTC) Assessment & Remediation Dallas, Texas $62,000 • First State Bank Assessment Mesquite, Texas $6,600 Midway National Bank Assessment & Planning Dallas, Texas $7,800 Bonham State Bank Assessment Bonham, Texas $9,400 Litwin and Company, Inc. Two Sites, Closure, Remediation & Dallas, Texas LPST Refund $140,000 Overcash Goodman Company Remediation & Closure Fort Worth, Texas $28,000 Bill Heard Enterprises, Inc. Assessment, Closure & Remediation Love Ford $24,000 Dallas, Texas Hall Properties, Inc. Closure Anadarko, Oklahoma $ 13,000 EAC Audit, Inc. Assessment Kansas City, Kansas $5,800 Oates Road Joint Venture Assessment, Closure, Remediation & Dallas, Texas LPST Refund $135,000 Rhombus-4 Assessment, Closure & LPST Refund Arlington, Texas $48,000 R.S. Frazier Properties Assessment, Closure, Remediation & Arlington, Texas LPST Refund $ 96,000 E. Fuibright Properties Closure, Assessment, Remediation& Irving, Texas LPST Refund $88,000 Colter's Restaurants Four Sites: Assessments Dallas, Texas $16,200 Non-Profit Organizations. Estates and Private Interests Wadley Institutes Assessments & Closures Dallas, Texas $28,000 Eberstein & Associates, Executor Remediation & Closure Dallas, Texas $22,000 B. E. White Estate Closure, Assessment & LPST Refund Lancaster, Texas $58,000 Charles Greene, Executor Assessment, Closure, Remediation & Dallas, Texas LPST Refund $138,000 I.C. Hardin Assessment, Closure & LPST Refund Grand Prairie, Texas $56,000 D.R. Mitchell Closure, Remediation & LPST Dallas, Texas Refund $52,000' R. Rudder Closure, Remediation & LPST Dallas, Texas Refund $77,000 Frauman Electric Closure Dallas, Texas $13,000 Hall's Grocery Closure Grapevine, Texas $35,000 Heavy Equipment and Construction Related Companies Steed, Inc. Assessment & Remediation Fort Worth, Texas $28,000 Anthony Crane, Inc. Assessment, Closure, Remediation & Haltom City, Texas LPST Refund $124,000 Hertz Equipment Rental Corp. Assessment Dallas, Texas $5,000 Gallagher Construction Co. Assessment Dallas, Texas $4,000 Slaughter Industries, Inc. 3 Sites, Closures & Remediation Dallas, Texas $52,000 S & H Tank Disposal Assessment, Closure &Remediation Irving, Texas $24,000 Ward, Massengale Equipment Company Closure, Remediation & Dallas, Texas LPSTRefund $32,000 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Finance Dept.-Purchasing Div. DIRECTOR: Brady Snellgrove DATE REFERENCE NO. SUBJECT 12/1/93 Award of Bid for Sewer Jetting Machine SUMMARY OF SUBJECT: The City's ten year old Aquatech sewer jetting machine is inoperable and repairs are no longer feasible or cost effective. Bids have been previously solicited for a replacement and all bids were rejected based on staff's recommendation. Specifications were revised and new bids solicited (bid tabulation follows) . The lowest responsive bidder is Montgomery Municipal Supply with a bid of $18,988.00 on a Shamrock SPT650G trailer mounted jetter. After the $3,680.00 trade-in allowance on the old machine is credited, the City's total cost is $15,308.00. Montgomery will provide a loaner unit until the new jet machine can be delivered (approximately 45-60 days after receipt of order) . ALTERNATIVES: 1. Award bid to Montgomery Municipal Supply as the lowest responsive bidder. 2. Staff finds no other feasible alternative. ACTION REQUESTED: Award bid to Montgomery Municipal Supply for one Shamrock SPT650G sewer jetter at the bid price of $18,988.00, with a $3,680.00 trade-in allowance to be applied to purchase price. Amend budget to fund purchase from Fleet Replacement Fund (not budgeted for fiscal '94) . REVENUE SOURCES: EXPENDITURE ACCOUNTS: Fleet Replacement Fund BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ 15,308.00 PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ® • $ •N/A CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: This expenditure was not budgeted and will require a budget amendment. SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH X 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 x PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSi N TO CITY COUNCIL CITY MANAGER BID TABULATION: BID 94-02, TRAILER MOUNTED SEWER JETTER Ntivember 24, 1993 Bidder Name Make/Model Base Bid (New) Alternate (Demo) Trade-In Montgomery Shamrock SPT650G 18,988.00 3,680.00 Municipal Supply Industrial Shamrock SPT650G 19,000.00 3,680.00 Disposal Supply Conley-Lott O'Brien 700J 22,017.00 4,500.00 Nichols Machinery Conley-Lott US Jetting 4014-300 26,500.00 4,500.00 Nichols Machinery Sreco Flexible Sreco HV2060 19,982.00 Texas Underground Underground SR720 20,740.00 1,500.00 Naylor Supply SECA 747 24,980.60 2,500.00 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Finance Dept.- Purchasing Div. DIRECTOR: Brady Snellgrove DATE REFERENCE NO. SUBJECT 12/8/93 Award of Backhoe Bid SUMMARY OF SUBJECT: The City has received two competitive bids for one new backhoe/loader which is to be debt-financed, along with two other pieces of equipment. Bidders were requested to submit a trade-in offer on the City's Galion motor grader. Bids are as follows. Bidder Make/Model Bid Amount Delivery Trade-in Mega Equipment John Deere 300D $39,649.00 45-60 days $5,250.00 Case Equipment Case 580 Super K $41,945.00 120 days Declined Staff feels that the trade-in offer from Mega is too low and that the motor grader would bring more on the open market. The backhoe was budgeted at $50,000.00 for financing. ALTERNATIVES: 1. Award bid to lowest responsive bidder and reject trade-in offer on motor grader. 2. Award bid to lowest responsive bidder and accept trade-in offer. 3. Reject all bids. ACTION REQUESTED: Staff recommendation is for Council to award bid to Mega Equipment for one John Deere model 300D backhoe/loader at the bid price of $39,649.00 and to reject bidder's offer of trade-in allowance. REVENUE SOURCES: EXPENDITURE ACCOUNTS: Public Property Finance Contractual General Fund- Streets Obligations. Series 1993 BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ 39,649.00 PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME © • $ 10,351.00 under 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. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY x PUBUC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL ITY MANAGER City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Finance Dept.-Purchasing Div. DIRECTOR: Brady Snellgrove DATE REFERENCE NO. SUBJECT 12/6/93 Award of Dump Truck Bids SUMMARY OF SUBJECT: Bids have been solicited for one flat bed dump truck (bid tabulation follows) with alternate bids requested for both gasoline and diesel engines. This is one of three pieces of equipment which are to be debt-financed. It should be noted that a diesel engine is recommended for this type of application and the lowest diesel bid is within the price range budgeted for financing. ALTERNATIVES: 1. Award bid to lowest responsive bidder, based on diesel alternate. 2. Award bid to lowest responsive bidder, based on gasoline alternate. 3. Reject all bids. ACTION REQUESTED: Staff recommendation is for Council to award the bid to Metro Ford Truck for one Ford F700D diesel powered flat bed dump truck at a total price of $30,295.00. REVENUE SOURCES: EXPENDITURE ACCOUNTS: Public Property Finance Contractual General Fund- Streets Obligations, Series 1993 BUDGETED FISCAL YEARN): ESTIMATED EXPENDITURE: $ 30,295.00 PERSONNEL ElOVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ® $ over $295.00 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 X 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. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY X PUBLIC WORKS SUPR FIRE CHIEF DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER BID TABULATION: Bid No. 94-04; Dump Truck December 1, 1993 Bidder Make & Model Bid Amount Delivery Metro Ford Truck Ford F700G (gas) 26,975.00 45-60 days Metro Ford Truck Ford F700D (diesel) , 30,295.00 45-60 days Prestige Ford Ford F600G (gas) 27,181.00 45-90 days Prestige Ford Ford F600D (diesel) 31,722.00 45-90 days Mahanay International International 4700 31,333.86 90-150 days (diesel only) White GMC Truck GMC Topkick (gas) 28,621.00 100 days White GMC Truck GMC Topkick (diesel) 32,171.00 100 days City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Finance Dept.- Purchasing Div. DIRECTOR: Brady Snellgrove DATE REFERENCE NO. SUBJECT 12/8/93 Privatization of Street Sweeping Service SUMMARY OF SUBJECT: Browning-Ferris Industries (BFI) has submitted a proposal to provide street sweeping services in the City of Wylie under the same terms and conditions as their contract with the City of Plano. As a member of the Collin County Governmental Purchasers Forum, the City is entitled to participate in this contract upon written approval of Plano and BFI (see following facsimile letter) . The City has sold it's Tymco Sweeper at auction for the sum of $9,000.00 and this revenue will be applied to the cost of the first year of contractual sweeping charges. The proposed rates are as follows. Option A. arterials twice monthly, residential four times annually: $14,877.76 annually Option B. arterials once monthly , residential twice annually: $7,438.88 annually ALTERNATIVES: 1. Approve BFI proposal for Option A sweeping services. 2. Approve BFI proposal for Option B sweeping services, a 1 3. Reject BFI proposal for sweeping services. Ai ACTION REQUESTED: Staff recommends Council approval of the proposal from BFI to provide street sweeping service (Option B) once per month on arterials and twice yearly on residential streets at a total annual cost of $7,438.88. REVENUE SOURCES: EXPENDITURE ACCOUNTS: General Fund- Street. Dept. Operating Budget (Contractul Services) - BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ 7,438.88 PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS CJ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ® OTHER COMMENTS:' USER DEPARTMENT COMMENTS: Not budgeted. Budget Amendment required. Auction proceeds from sale of sweeper to be applied to first year expense. SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES X 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 x PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL -4gr;dgir411111Pr> . 1'4er. C MANAGER .66 *Cat a piano November tit, 1933 SFr. Nark L. ilt::con Arr.44 hi Saw SPY armr Inc. shove 2627 WIlLc brook 4:14'.41�—R RE: aid So. 1200 ``tree{. Sweeping Services Jcit Toe ''•i -ation Date: Septtmlar 30, IGS4 a Pr:Awl xacpl Dear Xs'. Dulica :: A."4 a partiu i a tang r.no ?er of E the aoi to Coumty Governmental Purchasers roru , the ' city oC wylis has request-ad to •pas tiaipate in the Citli sit: Piafo'3 contract mac oz on tto :te ve Tab ec Did, This Vetter w i Z 3 tmi.e as natirication and reclucat authoriatdtlua to anew the City of Wylie to particlpate in the purchase of street rr,aa swcepinq services off thiE. contract. IPlease scxnowiedge receipt of IL i s ! letter as .i:rstii:3'tt:tf lue. m,i. - beivw and return to the Parcflasirg 9ivision within seven c0.44.ft. dera. IE you. with, you may fax to 23,4 422-021V, attention 3ir.i1yn- In addition, please fax your reply to dim Bolc=b, City of 'r'y13. fax =Der 210 442-4302) f •i` at'..15:e / ,r1 Date _— 1 `f f 4ILK. _�1[ ILs.1..... _._. Printed Naze t The C t ty apgreciAtils your exceiie. p *ervico and loOtz forward to a continued successful nursiness relaticwhip with your firm. If you have anyquestions* please call ' the Purchasing Division at 214 57S-71 5. Sincerely* { t :cs Ryan snrchaning Manager e: Jim Holras , City or Wylie 4s Pa dos magi s�oo.as a.►..r. r Cu* —4848601 7i':T P.«;;,• TOTAL P.02 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 12/14/93 10 Franchise Ordinance - GTE SUMMARY OF SUBJECT: Our Charter requires that a franchise ordinance be read at two separate meetings of the City Council. Tuesday night will be the first reading. Attached is the ordinance and the City Attorney's commentary. ALTERNATIVES: - Approve Ordinance _ Table Ordinance Deny Ordinance ACTION REQUESTED: REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: • OPERATIONS ❑ ONE-TIME 0 • S CAPITAL w ❑ RECURRING ❑ OTHER COMMENTS: - USER DEPARTMENT COMMENTS: • SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYUE 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. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY • PUBUC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL C MANAGER INTERDEPARTMENTAL MEMORANDUM 16. TO : Brady Sne77grove N164 I IP I I I I FROM: Steve Deiter 1111111., SUBJECT : New GTE Franchi e Agreement DATE : December 6 , 1993 *********************************************************** ******************** I have reviewed the proposed agreement renewing the GTE franchise agreement, which was forwarded to you on November 29, 1993 by Aida Dorman. I have also reviewed the existing GTE franchise agreement, the City Charter and State law as the same pertains to the agreement. I will be referring to the propose ordinance as either the agreement, the franchise or the ordinance, interchangeably and with distinction. As a preliminary matter I would note that there are Charter provisions relating granting of franchises which must be followed. In particular the proposed ordinance must be brought before a council meeting for a first reading (reading of the caption will suffice as a reading unless otherwise requested by a council member), and a summary of the ordinance (again I believe the caption would suffice) must be published once in the official City newspaper within 15 days after such first reading (see attached portions of charter). Assuming both the City and GTE desire to enact the franchise as soon as possible I would suggest that a first reading of the ordinance be placed on the Council agenda for the December 14 meeting. The summary could be published on December 22nd and the ordinance actually adopted at the January 11 meeting. I would offer the following comments and suggestions on the proposed ordinance: CAPTION AND RECITALS: I would change the caption by adding "CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE." at the end of the present language. I would also clean up the last seven lines of the caption which present rambles on:in series of "for . . ." statements between semi-colon's. The clean up would be by either making all of the semi-colons into commas, or by adding the word "PROVIDING" immediately before the word "FOR" whenever it appears in the final portion of the caption (see attached). SECTION 1 - No comments. SECTION 2 - Grant of the franchise is on a non-exclusive basis as required by the Charter. The franchise is made applicable the newly annexed areas of the City but there are no provisions requiring GTE to provide services in all areas of the City. They may very well be required to do so by the FCC or PUC but the agreement is silent on such a requirement. I would suggest they be asked about this. The City has experienced a similar problem in its' cable franchise where the company doesn't have to provide service until population density reaches a certain level in an area. SECTION 3 - The first portion of this section says GTE can lay its lines and conduit essentially anywhere it wants, but the later portion says such placement is subject to "reasonable and proper regulation, control and direction of the City". Such control by the City is not therefore absolute, which would be preferable, but which would not likely be granted by GTE. SECTION 4 - No comments. SECTION 5 - The stated requirement is to "restore" the surface of streets alleys etc., but it does not say at what level it will be restored. Therefore I would suggest addition of the words "to substantially the same state and condition as the same existed prior to interference by the Telephone Company" be added after the word restored in the third line on page seven. SECTION 6 - No comments. SECTION 7 - No comments. SECTION 8 - This section deals with the franchise fee imposed by GTE and paid to the City, which is referred to as an "Annual Fee". (a) As you are aware the fee is a flat fee, as opposed to the previous percentage of income. Obviously the blank for the stated amount of the initial fee should be filled in before enactment of the ordinance. I assume the fee will be negotiated by, and within the sound discretion of, the City Manager, the Council and yourself. The fee is an annual one but the ordinance does not specify when the annual period begins and ends, only that it is for the "effective year", but effective year is not defined. Consequently is could be the twelve month period following the effective date of the agreement (which is defined in Section 23 as the first day of the first quarter following receipt of written acceptance of the ordinance from GTE), or it could be a calendar year, or some other unspecified fiscal year. I would suggest that it be defined one way or the other and suggest that it makes more sense to use the twelve month period following effective date of the contract, and any similar twelve month period thereafter. Similarly, it should be stated whether the first payment be for a whole quarter or a pro-rata portion thereof. The fee structure is such that it increases the chance that the customer will be over charged and GTE will hold fees in excess of what it will owe the City. Such overage will eventually be credited to the customers individually, or applied against next years annual fee (paragraph (b)), but GTE will have the benefit of using the money interest free in the interim. The final paragraph in subsection (a) states that the annual fee is "subject to adjustment" which to me implies that it may be adjusted, whereas I believe the intent of the agreement is that it will be adjusted, period, not just subject to adjustment. Therefore I suggest the paragraph be changed to read as follows: "For the second and subsequent years while this Ordinance remains in effect the annual fee shall be increased by a growth factor of six (6) per year, effective as of each anniversary of the effective date hereof. " (b), (c), and (d) No comments. SECTION 9 - This section contains standard provisions that the agreement shall be binding on successors of each party. It does not place any restrictions on transfer so GTE could sell the agreement to another telephone utility without the City having any say so in the matter. I have no objection to such assignability factor but wanted to point it out so that the City is aware of such fact going in. SECTION 10 - The initial term is stated to be five years and subject to another five year renewed term. It is silent as to the when's, how's and notice requirements of such an extension. I would suggest adding simple language stating the how's and when's of such an extension. As it is written the extension sentence is essentially meaningless as it gives neither party any right or obligation concerning renewal. It merely states the obvious that the parties can agree between themselves to extend the agreement for five years, just as they could agree to extend for one year, ten years, or to any other mutually acceptable term. SECTION 11 - This section contains a very broad and encompassing release of all rights and liabilities, under the present franchise agreement, between GTE and the City, . I have some uneasiness about such a broad release, especially when I am not completely familiar with what may be being released. However, such a release is probably acceptable if the council and the administration is comfortable with it. The one notable exception to such acceptability is that the release should be specifically stated as NOT being applicable to the franchise payments accrued and unpaid under the present franchise agreement as of the effective date of the new agreement. Under the present agreement the fee is paid in arrears and GTE would owe for all of calendar year 1993 on March 31, 1994. SECTION 12 - No comments. SECTION 13 - Subpart (b) of this section contains the statement that the agreement was negotiated "at arms length and drafted by the combined efforts . . ". While this is true to an extent, the contract is largely the result of the take it or leave it provisions put forth by GTE. I have no objection to the statement, but it has the effect of doing away with the general rule of interpretation that unclear provisions of a document will be resolved against the party who prepared the document (which in this instance, but for such a provision, would be GTE). SECTION 14 - This section requires that the parties utilize what is known as alternate dispute resolution (ADR) for settling differences over the agreement. This is a method that is gaining in popularity and has generally proven to be successful and much less costly that litigation. As noted in the ordinance the ADR is not in lieu of litigation but rather an attempt to avoid litigation. If it fails litigation through the normal channels would still be possible. The first sentence of sub-section (b)appears to be repetitive with the first sentence of(a). The repetition should be resolved. In the third line of sub-section (c) the word "initiate" is used, whereas I think the intent is for the word "indicate". Accordingly, assuming I am correct in my surmisal, the intended word (pardon the pun) should be substituted for the present initiate. In the eighth to the last line of the section on page 17 a reference is made to "each party" requesting arbitration. In the context I think it makes more sense to use the term "a party" since its entirely possible that one of the parties may not request mediation. I suggest that the words "or other mutually acceptable mediation service" be added after the term "JAMS" on page 17. This is in keeping consistent with the preceding page where the parties are given a choice on mediation services. Without this addition there is no choice as to whose list the mediators would be chosen from. SECTION 15 - The section has the effect of shortening the statute of limitations concerning any claims under the agreement. It does so by limiting institution of claims to four years from the occurrence of the act giving rise to the claim. This could have the effect of having a statute of limitations pass before the City knows it has a claim. Therefore I am recommending that the language be added to the section after the word "dispute" and before the word "claim" (as the same appear on the third to the last line of page 17): "or four years from the date at which the act or omission giving rise to the dispute, claim or cause of action is, or reasonably should have been discovered, which ever is later" SECTION 16 - This provision is in anticipation of what you referred to as "golden highway" type services whereby phone companies will be offering video services to residences via fiber optic networks. It states that the such services are not within the coverage of the franchise agreement, and therefore would need to be addressed by separate franchise as and when they would actually become a reality in Wylie. SECTION 17 - GTE duty to indemnify is limited to those situations where the acts casing the liability is "caused solely by the negligence of the Telephone Company". The practical effect of this is that if GTE is 98% negligent and the City, or someone else, is 2% negligent there is no duty to indemnify (as to the 98%). Therefore I would suggest that the section be changed to indicate that GTE will indemnify to the extent (percentage) it is found to be negligent in causation of the damages. SECTION 18 - This section contains standard repealer language. It does not however, actually repeal the existing franchise ordinance. Neither does Section 11 on mutual releases (as mentioned above). Therefore I recommend addition of the following after the word "Ordinance" in the middle line of the section: "specifically including, without limitation, Ordinance No. 80-17," SECTION 19 - No comments. ..... SECTION 20 - The mailing address for mailing of notices to the City needs to be filled in. SECTION 21 - The last sentence of this section appears to be repetitive with the repealer language of Section 18 and therefore probably should be deleted from the agreement. SECTION 22 - The words "governing street use" in the first line and "street use" in the sixth line appear to be unnecessary. Their use has the effect of limiting the "most favored City" protection of the paragraph to only those provisions dealing with street use. My understanding wm is that such status should apply to all provisions of the agreement, not just street use. Therefore I suggest that the words "governing street use" in the first line be deleted and the words "or other similar agreement or franchise" be added after the words "street use" and before the word "with" in the sixth line of the ordinance. I would also note that GTE is not agreeing to keep the City apprised of agreements with other cities, only that they'll provide such agreements upon request and that they will consider changes to Wylie's agreement on request. SECTION 23 - As noted above the effective date of the agreement will be the 1st day of the beginning of calendar quarter following acceptance of the agreement by GTE. Practically speaking this will likely be April 1, since the Ordinance will not be adopted until January, and GTE then has 60 following adoption to accept the same. GENERAL COMMENTS - The franchise ordinance is silent as to any performance standards on the part of GTE. I assume their performance is regulated by the FCC and the PUC. However, it would be nice for the ordinance to have some type of general provision stating that service shall be maintained at a satisfactory level, and providing for some complaint procedures when it is not. I would again cite the City's cable franchise agreement as an example of why such a provision is desirable. Please advise as to whether you desire me to contact GTE or whether you will follow up on such of the above suggestions that are deemed appropriate by yourself and/or the City Manager. Thanks cc: Steven P. Norwood City Council I D. Ordinances to promotc safe and reasonable shall meet not less than once each month. 1111 building standards and to establish emergency Vacancies in an unexpired term shall be administrative measures to be applied in the filled by the city council within thirty time of natural disaster. (30)days from the date of the vacancy for •ithe remainder of the term. For purposes ll E. Ordinances to regulate the collection and of This section. the appointment year of disposal of solid and othcr wastes in a manner respective commission members shall be `, so as to protect the general health,safety and deem(' to begin on July 1st. welfare of the citizens. and to protect the I environmental quality in accordance with (2) Members of the planning and zoning present laws of the Slate of Texas and the commission shall be residents of the City United States. of Wylie for at least twelve (12) months IF. Ordinances to provide for the acquisition of preceding the date of appointment: beknowledgeable in the affairs of the city lands within the city limits and extraterritorial and be knowledgeable in the functions and jurisdiction for public purposes not in conflict activities provided for in this article. Iwith the laws of the State of Texas. B. Duties and Powers of the Planning do Zoning _ G. Ordinances to provide for capital Commission I improvements of the city, with or without the required financial participation or approval of Thc planning and,wning commission shall: property owners adjacent to the improvements. - (I) Maker tifccommcn a city council a 1111 H. Establish such commissions, boards or panels master plan o e used as a guid� in as may be needed in carrying out it's planning considering ordinances for the orderly m and regulatory duties as provided by this development of the city. The charter commission shall. not less than every I - five (5) years. review and recommend to Section 2: Planning & Zoning the city council amendments to the master Commission plan of thc,city. /' IThe'city council shall establish a planning and (2) Recommend to the city council proposed - zoning commission in the manner provided by this ordinances and amendments to ordinances charter, whosc primary duty shall be to advise the regarding planning, zoning and 1 city council in carrying out it's various clinics and environmental quality and rcvicw functions regarding planning and environmental ordinances and amendments proposed by - quality as provided by this charter. the city council relative to the city I council's planning and zoning function. A. Oreanization and O�alification Such rcvicw and recommendation by the planning and zoning commission must be (1) There shall be established a planning received by the city council prior to action Icommission which shall consist of seven(7) citizens of the City of Wylie. _The on the proposed ordinance or amendment. - members of said board shall be appointed (3) Reccive and review all platting and I by the city council within sixty(6C)days subdivision proposals and make of the adoption of this charter.for a teem recommendations to the city council for - of two (2) years. The members of said appropriate action. . board at their first meeting shall draw lots to dctcrminc those who_ will serve one(I) I ` year and two(2)year terms beginning on ARTICLE X -... the date of initial appointment-of the board. On the expiration of the term of PUBLIC UTILITIES, FRANCHISES Ieach of the members who have drawn AND LICENSES _ lots,his place shall be filled by a member appointed for a two (2) year term. The Section 1: Powers of the City board shall elect a chairman front among - its membership each year at Tic first _., l_. The city has the power to buy. own. sell. - regular meeting in July. The ca_ nmiott' - construct. Icase, maintain. operate and regulate I 23 I I L. To rcquirc such compensation and rental as investigate and if necessary. litigate requests may be permitted by the laws of thc State of for rate changes. The public service will I Texas. reimburse the city for reasonable and necessary expenses thus incurrcd. M. To rcquirc city council approval of all rates, rate schcdulcs and amcndmcnts thcrcto of E. If not satisfied with the outcome, thc public I utilities franchised in thc City of Wylic. service may make a motion for a rehearing within thirty (30) days after the order is ,_ Section 7: City Owned Public Services entered. The motion is considered overruled if I the city council does not act upon it within The city council shall have the following rights: sixty(60)days. A. To set rates of city-owned public services. F. No public service may institute legal action I contesting rates fixed by the city council until B. To require all city-owned public services to the public service has exhausted the remedies keep accounts to show complete financial described in this charter. I operations. Accounts must show actual cast of each service to the city, including costs of Section 9: Existing Franchises: extensions and improvements and sources of Other Conditions funds expended for these purposes. Costs of I services furnished to other cities or . All franchises heretofore granted are recognized as government agencies must also be included. contracts between the city and the franchisee and the contractual rights as contained in such Section 8: Regulations of Rates franchises shall not be impaired by the provisions I of this charter except for the following: A. The city council has the power,by ordinance. to fix and regulate the rates and charges of all A. To license. regulate. control or prohibit the public utilities and fix the fares of all public erection of signs or billboards or other devices I transportation of every kind operating within designed to attract the attention of members of the corporate limits of WyIic. the public. I B. Upon receiving a request from a public service B. To license any lawful business.occupation or requesting a change in rates, the city council calling subject to control pursuant to the shall call a meeting for consideration of the police powers of the State of Texas. — change. C. To license,regulate and fix charges made for Q Thc public scrvicc must show the necessity vehicles carrying passcngcrs or freight for hire for the change by any cvidcncc required by the on strccts within the city. °'" council,including:IciLy D. To license, regulate. control and prohibit (1) Cost of it's investment for scrvicc in the vendors and/or solicitors operating within the . city. city. I (2) Amount and character of expenses and ARTICLE XI revenues connected with rendering the . ° scrvicc. GENERAL AND TRANSITIONAL I PROVISIONS (3) Copies of any reports or returns filed with any state or federal regulatory agency Section 1: Publicity I within the last three(3)years. All records of the city shall be open to inspection . (4) Demonstration that the return on except for those that are closed to the public by . . investment is within state and federal law. The records may be examined and copied in I limitations. the city office during normal office hours. The council may set reasonable rates and fees for D. If not satisfied with the sufficiency of copying. . _ evidence, the city council shall hiresate Iconsultants. auditors and attorneys. to i(t) public services and utilities and to manufacture, T. wee extcnsicxt of. t in distribute and sell the ouiput of such service and • -cit " ' s to become (If regale utility opeiations. The city shall have such property of the service and operate subject to •- regulatory and other power as may now or hereafter all obligations and reserved rights contained in be granted under the constitution and laws of the this charter. This extension is considered part State of Texas. of the original grant and terminable:at the same time and under the same conditions as Section 2: Power to Grant Franchise the original grant. The city council has the power to grant,renew and C. o require ansion and exte of - extend all franchises of a public service operating face es and services an to require within the city and, with the consent of the maintenance of existing facilities to provide franchise, to amend the same. No franchise shall adequate service at the highest level of be granted for a term of more than twenty (20) efficiency. years from the date of the grant, renewal or - extension. D. To require reasonable standards'of scrvic d quality of product and prevent unjust rate Section 3: Ordinance Granting Franchise discrimination. Any ordinance granting. renewing, extending or E. To impose rcasonable:,.trgulati and amending a public service franchise shall not take restrictions to insure the safety and welfare of effect until thirty(30)days after the final adoption. the public. Within fifteen (15)days following the first reading of the ordinance,a summary of the ordinance-shall F. To prescribe the form ?accoun�lept by each be published one (1) time in a newspaper of utility. Accdmrb ,uuwt blr pt according to general circulation in the city with the expense of the accounting system prescribed by the such publiesti e b the ros ective appropriate state or federal regulatory agency. franchisee. Nq franchise-s exclusry - G. To examine and ' i d records and Section 4: Transfer of Franchise to require annual reports on local operations of the utility. No public service franchise is transferable,except """" with the approval of the city council. However, H. To require that p cedura riles d regulations the franchisee may pledge franchise assets as dealing with pub es conform to the security for a valid debt or mortgage. requirements of the appropriate state or other regulatory agency. Section 5: Franchise Value Not to be Allowed I. To require franchisee to restore,at franchisee's expense, all public or private property to a — Franchises granted by the city are of no value in condition as good or better than before fixing rates and charges for public utility service disturbed by the franchisee for construction, within the city and in determining just repair or removal. compensation to be paid by the city for public "" utility property which the city may acquire by J. To require every franchisee to furnish,within a condemnation or otherwise. reasonable time t • t the franchisee's expense,•a general tlining current Section 6: Right of Regulation location,c er,size,length and terminal of all facilities, over and underground of city In granting, amending, renewing and extending property and additional information on request. public service and utility franchises, the city has . the followin rights: K. To require every franchise and public service utilities operator within the city to file A. o repeal e franchise by ordinance for failure certified copies of all franchises owned or to construction or operation within the claimed or under which such utility is operated — time prescribed or for failure to comply with in the city. This shall be done within six (6) terms of the franchise. This may be executed months after the charter takes effect. The city only after due notice and hearing. shall maintain a public record of public service franchises. 24 ORDINANCE NO. AN ORDINANCE WHEREBY THE CITY OF WYLIE, TEXAS, AND GTE SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL CONSTRUCT, ERECT, BUILD, EQUIP, OWN MAINTAIN AND OPERATE IN, ALONG UNDER, OVER AND ACROSS THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELEPHONE AND OTHER COMMUNICATION SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THE ORDINANCE;PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT; PROVIDING FOR A PERIOD OF AGREEMENT; PROVIDING FOR FUTURE CONTINGENCIES; REPEALING ORDINANCE NO. 80-17 AND OTHER CONFLICTING ORDINANCES; PROVIDING FOR EXCLUSION OF VIDEO SERVICES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; PROVIDING FOR A LIMITATIONS PERIOD; PROVIDING FOR PROPER VENUE; PROVIDING FOR A METHOD OF ACCEPTANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN El-PECTIVE DATE. ORDINANCE NO. AN ORDINANCE WHEREBY THE CITY OF WYLIE, TEXAS, AND GTE SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELEPHONE MID OTHER COMMUNICATION SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT; FOR A PERIOD OF AGREEMENT; FOR FUTURE CONTINGENCIES; FOR REPEAL OF CONFLICTING ORDINANCES; FOR EXCLUSION OF VIDEO SERVICES; FOR RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; FOR ALTERNATE DISPUTE RESOLUTION; FOR A LIMITATIONS PERIOD; FOR VENUE; AND FOR METHOD OF ACCEPTANCE. WYU@NEN - Page 1 - 11/18/110 WHEREAS, GTE Southwest Incorporated, hereinafter referred to as the Telephone Company, is now and has been engaged in the telecommunications business in the State of Texas and in furtherance thereof, has erected and maintained certain items of its physical plant in the City of Wylie, Texas, hereinafter referred to as the City, for many years pursuant to such rights as have been granted it by and under the laws of the State of Texas, and subject to the reasonable exercise of the police powers granted by and under said laws to the City; and WHEREAS, the Telephone Company has operated its telecommunications business in the City under successive ordinances of the City, the last of which was Ordinance Number 80-17, adopted November 11, 1980, which provided compensation to the City for the superintendence of that agreement based upon a percentage of gross receipts/revenues received by the Telephone Company from certain local services rendered within the corporate limits of the City; and WHEREAS, it is recognized by the parties hereto that changes in the telecommunications industry, changes in technology, changes in state and federal law, and changes in the accounting practices mandated by the Uniform System of Accounts promulgated by the Federal Communications Commission ("FCC") , along with regulatory requirements of the Public Utility Commission of Texas ( "PUC") , have caused the traditional method of determining the wvt j w - Page 2 - 11/18/93 amount of compensation to municipalities to become impractical for telecommunications utilities. In order to address these issues in a manner beneficial to both the City and the Telephone Company, the City and the Telephone Company have chosen the method of determining the amount of compensation provided for in this Ordinance to eliminate the expense and time related to audits, to achieve administrative simplicity, to provide the City with predictable revenues and an opportunity for growth and to avoid the expense and delays of litigation which could '•be necessary to resolve any issues in controversy between the parties; and WHEREAS, it is to the mutual advantage of both the City and the Telephone Company that an agreement should be entered into between the Telephone Company and the City establishing the conditions under which the Telephone Company shall maintain and construct its physical plant in the public rights-of-way within the City's corporate limits in the future; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1. DEFINITIONS Whenever used in this Ordinance, the following words and terms shall have the definitions and meanings provided in this section: wnew - Page 3 - »/,ap,, (a) FACILITIES: All Telephone Company duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures and appurtenances and all associated Transmission Media, which are located in the City Rights-of-Way. (b) TRANSMISSION MEDIA: All Telephone Company cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice or data or other purposes, which are located in the City Rights-of-Way. (c) RIGHTS-OF-WAY: All present and future streets, avenues, highways, alleys, bridges, viaducts and public grounds within the city limits of the City. (d) CITY: The City of Wylie, Texas. (e) Telephone Company: GTE Southwest Incorporated. SECTION 2. CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICE Pursuant to the laws of the State of Texas, the Telephone Company has the non-exclusive right and privilege to use and occupy the public rights-of-way in the City for the operation of a telecommunications system. The Telephone Company's facilities and Transmission Media used in or incident to the provision of telecommunications service and to the maintenance of a wn8NEw - Page 4 - 11/1s/9A telecommunications business by the Telephone Company in the City shall remain as now constructed, subject to such changes as under the conditions prescribed in this Ordinance may be considered necessary to the public health and safety by the City in the exercise of its lawful police powers and such chanqes and extensions as may be considered necessary by the Telephone Company in the pursuit of its telecommunications business. The terms of this Ordinance shall apply throughout the City, and shall include the provision of telecommunications services in any newly annexed areas upon the effective date of such annexation... SECTION 3. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUITS All poles to be placed shall be of sound material and reasonably straight, and shall be so set that they will not interfere with the flow of water to any gutter or drain, and so that the same will interfere as little as practicable with the ordinary travel on the street or sidewalk. The location and route of all poles, stubs, guys, anchors, conduits, cables and any other facilities to be placed and constructed by the Telephone Company in the construction and maintenance of its telecommunications system in the City, and the location of all conduits to be laid by the Telephone Company within the limits of the City under this Ordinance, shall be subject to the reasonable and proper regulation , control and direction of the City Council or of any City official to whom such duties have been or may be delegated. wnEZtEw - Page 5 - »/,a/ao Nothing in this Ordinance is intended to add to or detract from any authority granted by the Legislature of the State of Texas to the City. SECTION 4. ATTACHMENTS TO POLES AND SPACE IN DUCTS Nothing contained in this Ordinance shall be construed to require or permit any pole attachments for electric light or power wires or communications facilities or systems not provided by the Telephone Company to be attached to the Telephone Company'.s poles or other physical plant or placed in the Telephone Company's conduit. If the City desires pole attachments for electric light or power wires or communications facilities or systems not provided by the Telephone Company, or if the City desires to place communications facilities or systems not provided by the Telephone Company in any Telephone Company duct, then a further separate, noncontingent agreement shall be prerequisite to such attachment(s) or such use of any duct by the City. Nothing contained in this Ordinance shall obligate or restrict the Telephone Company in exercising its rights voluntarily to enter into pole attachment, pole usage, joint ownership or other wire space or facilities agreements with light and/or power companies or with other wire-using companies which are authorized to operate within the City. SECTION 5. STREETS TO BE RESTORED TO GOOD CONDITION The surface of any street, avenue, alley, highway, viaduct or wvu w - Page 6 - 11/18/93 public ground within the City disturbed by the Telephone Company in building, constructing, renewing, or maintaining its telecommunications system shall be restored within a reasonable time after completion of the work in compliance with the applicable provisions of the Code of Ordinances and maintained to the satisfaction of the City Council, or of any City official to whom such duties have been or may be delegated, for a period of one (1) year following completion of the restoration, after which time responsibility for the maintenance shall revert to the City. No such street, avenue, alley, highway, viaduct or public ground shall be encumbered for a longer period than shall be necessary to execute the work. SECTION 6. TEMPORARY REMOVAL OF AERIAL WIRES The Telephone Company on the request of any person shall remove or raise or lower its wires within the City temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefitted party or parties, and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes. The clearance of wires above ground shall conform to the basic standards of the National Electrical Safety Code, National Bureau of Standards, United States Department of Commerce, as promulgated at the time of erection thereof. vow - Page 7 - 11/18/93 SECTION 7. TREE TRIMMING In the pursuit of maintaining its telecommunications system, the Telephone Company, its contractors, agents, successors and assigns shall have the right to trim trees upon and overhanging the streets, avenues, alleys, bridges, viaducts and public grounds of the City, so as to prevent the branches of such trees from coming in contact with the wires, cables or other facilities of the Telephone Company, and when so ordered by the City, said trimming shall be done under the supervision and direction of the City Council or of any City official to whom said duties have been or may be delegated. SECTION 8. COMPENSATION TO THE CITY (a) As compensation for the Telephone Company's use and occupancy of the City's rights-of-way and for the City's oversight and supervision of such use and occupancy, in consideration for all other agreements and promises made herein by the City and in lieu of and in full compensation for any lawful tax, license, charge, right-of-way permit fee or inspection fee, whether charged to the Telephone Company or its contractor(s) , or any right-of-way easement or street or alley rental or franchise tax or other character of charge for the use and occupancy of the rights-of-way within the City, except the usual general ad valorem taxes, special assessments in accordance with State law or sales taxes now or hereafter levied by the City in accordance with State laws, the mummw - Page 8 — 11/1e/ee City hereby imposes upon the Telephone Company, and the Telephone Company agrees to pay, an annual fee (the "Annual Fee". ) The amount of the "Annual Fee" for the first effective year of this Ordinance shall be $ In no event shall the "Annual Fee" be less than the above amount for each year this Ordinance is in effect, except as provided in the case of disannexation as set forth in paragraph 8(e) , or as provided in Section 13 herein. The Telephone Company will bill the "Annual Fee". pro rata, to its -- customers residing within the corporate limits of the City. The pro rata charge to each customer shall be calculated as follows: Not later than the date the Telephone Company accepts this Ordinance, and three months prior to each subsequent anniversary date of this Ordinance, the Telephone Company shall determine the "Customer Fee. " To determine the "Customer Fee", the "Annual Fee" shall be divided by twelve (12) ; the result shall then be divided by the sum of the weighted local exchange access lines as determined by applying appropriate allocation factors to the number of access lines in each class of service. The resultant will be the "Customer Fee. " For purposes of this calculation, "local exchange access lines" shall be defined as residence, single line business, multi-line business, Centrex, Centranet, key lines and PABX trunks. The number of such access lines shall be determined for the end of the month prior to the month in which this agreement is finally passed by the City. Each residential customer shall pay wnmpw - Page 9 - for each residential local exchange access line, a monthly amount equal to the "Customer Fee. " Each business customer shall pay for each business local exchange access line a monthly amount weighted and calculated according to the business customer's class of service. The Telephone Company shall annually adjust its billings to customers to account for any undercollection or overcollection of the "Annual Fee" due the City. For the second and subsequent years while this Ordinance remains in effect, the "Annual Fee" is subject to adjustment by application of Growth Factor of six (6) percent per year. This adjustment for the Growth Factor will be made effective as of each anniversary date of this Ordinance. (b) The "Annual Fee" for each year shall be paid in four equal payments. Payment shall be by wire transfer and is dependent upon the City providing the Telephone Company proper bank account information, otherwise a check will be issued. The due dates shall be February 28, May 31, August 31 and November 30, with the first payment under this Ordinance due on . In the event of any over or undercollection from customers, then the Telephone Company may make a pro rata credit or charge to the customer billing for affected customers at the end of each calendar year. No such adjustment may be made more than 150 days following the - Page 10 - »,upo date of expiration of this Ordinance. If, however, it is impractical to credit any overcollection to customers, then such overcollection shall be paid to the City and credited to the next year's "Annual Fee", and the Customer Fee appropriately adjusted to reflect such credit. (c) Payment of the "Annual Fee" shall not relieve the Telephone Company from paying all applicable municipally-owned utility service charges. Should the City not have the legal power to agree that the payment of the foregoing charge shall be in lieu of the taxes, licenses, charges, rights-of-way permit or inspection fees, rentals, rights-of-way easements or franchise taxes as described in Section 8(a) above, then the City agrees that it will apply so much of such payments as may be necessary to the satisfaction of the Telephone Company's obligation, if any, to pay any such taxes, licenses, charges, rights-of-way permit or inspection fees, - rentals, rights-of-way easements or franchise taxes. (d) In the event that either (1) territory within the boundaries of the City shall be disannexed and a new incorporated municipality created which includes such territory or (2) an entire, existing incorporated municipality shall be consolidated or annexed into the City, then notwithstanding any other provision of this Ordinance, the Annual Fee shall be adjusted. To accomplish this adjustment, within sixty (60) days following the action effecting a w — Page 11 - 11/1e/93 disannexation/annexation as described above, the City shall provide the Telephone Company with maps of the affected area(s) showing the new boundaries of the City. In the event of an annexation as described above, the Annual Fee paid to the City will be adjusted to include the amount of the Annual Fee paid by the Telephone Company to the existing incorporated municipality being annexed. In the event that the annexed municipality had no ordinance imposing an Annual Fee or in the event of a disannexation, then the adjustment to the Annual Fee will be made based on the City's net gain or loss of telephone subscribers using the same methodology prescribed in section 10(a) above. The effective date of the adjustment shall be within 120 days following the annexation/disannexation action by the City, provided that the City will have supplied the appropriate annexation/disannexation maps to the Telephone Company in accordance with the provisions herein. SECTION 9. SUCCESSORS AND ASSIGNS The rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns. SECTION 10. PERIOD OF AGREEMENT This agreement shall be in full force and effect for the period mummy - Page 12 - „i„p, beginning with the effective date hereof and ending five (5) years after such date. This Ordinance may be extended for an additional five (5) year period if mutually agreed to in writing by both parties. SECTION 11. MUTUAL RELEASES The City hereby fully releases, discharges, settles and compromises any and all claims which the City has made or could have made arising out of or connected with Ordinance Number 80-17, adopted November 11, 1980, and renewed or extended from time to time thereafter, and its predecessor ordinances, if any, (hereinafter referred to collectively as "Ordinance 80-17" This full and complete release of claims for any matters under Ordinance 80-17 shall be for the benefit of GTE Southwest Incorporated; its parent; its affiliates; their directors, officers and employees; successors and assigns; and includes any and all claims, actions, causes of action and controversies, presently known or unknown, arising directly or indirectly out of or connected with the Telephone Company's obligations to the City pursuant to the provisions of Ordinance 80-17. GTE Southwest Incorporated, its parent, affiliates, successors and assigns hereby fully release, discharge, settle and compromise any and all claims, actions, causes of action or controversies heretofore made or which could have been made, known or unknown, against the City, its officers or its employees, arising directly or indirectly out of or connected with any matters mummw - Page 13 - „ii. under Ordinance 80-17. It is the intent of the City and the Telephone Company to enter into the foregoing mutual releases in order to reach a compromise that is acceptable to both the City and the Telephone Company. This Ordinance and the mutual release set forth in this Section represent a compromise of each party's claims as well as each party's defenses, and is not intended to be and is not an admission of liability or vulnerability by either party to the other with respect to either the claims or the defenses asserted or which could be asserted against the other. SECTION 12. FUTURE CONTINGENCIES Notwithstanding anything contained in this Ordinance to the contrary, in the event that (1) this Ordinance or any part hereof, (2) any tariff provision by which the Telephone Company seeks to collect the charge imposed by this Ordinance, or (3) any procedure provided in this Ordinance, or (4) any compensation due the City under this Ordinance, becomes, or is declared or determined by judicial, administrative or legislative authority exercising its ,�. jurisdiction to be excessive, unrecoverable, unenforceable, void, unlawful or otherwise inapplicable, in whole or in part, the Telephone Company and the City shall meet and negotiate in good faith to obtain a new ordinance that is in compliance with the authority's decision or enactment; and, unless explicitly prohibited, the new ordinance shall provide the City with a level mummw - Page 14 - „/„/1M of compensation comparable to that set forth in this Ordinance so long as such compensation is recoverable by the Telephone Company in a mutually agreed manner permitted by law for the unexpired portion of the term of this Ordinance. SECTION 13. GOVERNING LAN (a) This Ordinance shall be construed in accordance with the City Charter and City Codes in effect on the date of passage of this Ordinance to the extent that such Charter and Codes are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas. (b) This Ordinance shall be construed and deemed to have been negotiated at arms length and drafted by the combined efforts of the City and the Telephone Company. SECTION 14. ALTERNATE DISPUTE RESOLUTION (a) Notwithstanding any other provision of this Agreement, the Parties hereto agree that any claim, cause of action or other dispute based upon or arising out of this Agreement (a "dispute") shall be conducted, decided, determined and/or resolved pursuant to and in accordance with the provisions of this Section. The parties desire to resolve disputes arising out of this Ordinance without litigation. Accordingly, in the event of any dispute hereunder, the parties hereto agree to attempt in good faith to resolve their dispute between themselves. At the written request of a party, MU ► - Page 15 - „/1$/ each party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Ordinance. The parties intend that these negotiations be conducted by non-lawyer, business representatives. (b) Except for action seeking a temporary restraining order or injunction related the purposes of this Ordinance, or suit to compel compliance with this dispute resolution process, the parties agree to use the following alternative dispute resolution procedure, and also agree not to sue any party to this Ordinance with respect to any controversy or claim arising out of or relating to this Ordinance or its breach prior to exhausting the procedures set out in this Section. (c) In the event of any dispute hereunder, the Parties hereto agree to attempt in good faith to resolve their dispute between themselves. If the Parties are unable to settle their dispute within sixty (60) days of the initial request, either party may, on written notice to the other party, initiate they agree to submit the matter to non-binding mediation before a single mediator affiliated with Judicial Arbitration and Mediation Services, Inc. ( "JAMS") in Dallas County, Texas, or another mediation service mutually agreeable to the parties. Mediation is a forum in which an impartial person, the Mediator, facilitates communication between the Parties to promote reconciliation, settlement, or understanding among them. A Mediator may not impose his own judgment on the issues for that of the Parties. Unless expressly authorized by the Parties, the Mediator may not disclose to either y. vemmmtv - Page 16 - „nab party information given in confidence by the other and shall at all times maintain confidentiality with respect to communications relating to the subject matter of the dispute. Unless the Parties agree otherwise, all matters, including the conduct and demeanor of the Parties and their counsel during mediation, are confidential and shall be inadmissible as settlement discussion pursuant to Rule 408 of the Federal Rules of Evidence or the applicable state rules. The Mediator shall be selected by agreement of the Parties within thirty (30) days after each Party first requests mediation of the other. If a single mediator cannot be agreed upon, then each Party shall select its own Mediator from those on the JAMS approved list; those two mediators will then select a third independent Mediator who will conduct the mediation session(s) . The Mediator's fees will be borne equally by both Parties. In the event mediation is requested, the applicable statutes of limitations shall be automatically tolled until the Mediator declares an impasse. SECTION 15. LIMITATIONS PERIOD The City and the Telephone Company mutually agree that any dispute, claim or cause of action one party may have against the other party arising from or in any way related to this Agreement must be brought to the attention of the other party, by written notice received no later than four (4) years from the date of the act or omission giving rise to the dispute, claim or cause of action; otherwise, such dispute, claim or cause of action shall be waived and the party asserting such dispute, claim or cause of action vm w - Page 17 - shall be barred from pursuing the same. SECTION 16. EXCLUSION OF VIDEO SERVICES This Ordinance does not authorize the Telephone Company to provide cable television or other video programming service as a cable operator in the City. SECTION 17. INDEMNITY The Telephone Company shall indemnify and hold the City harmless from all costs, expenses (including reasonable attprney's fees) and damages to persons or property arising directly or indirectly out of the construction, maintenance or operation of the Telephone Company's facilities found to be caused solely by the negligence of the Telephone Company. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of the Telephone Company and the City. SECTION 18. REPEAL OF CONFLICTING PROVISIONS All other ordinances and agreements and parts of agreements and ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 19. VENUE Venue for any proceeding under this Agreement shall be in Collin County, Texas. verum w - Page 18 - limoo SECTION 20. NOTICE For any purposes related to this Ordinance, notice to the City shall be to: City Manager City of Wylie, Texas Address* Wylie, Texas Notice to the Company shall be to: Area Manager-Municipal Affairs GTE Southwest Incorporated P.O. Box 1001 MC TXD01214 San Angelo, TX 76902 Notice will be effective upon delivery at the above addresses until the City or the Company notifies the other, in writing, of a change of address. SECTION 21. PARTIAL INVALITY AND REPEAL PROVISIONS If any Section, sentence, clause or phrase of this Ordinance is for any reason held to be illegal, ultra vireo or unconstitutional, such invalidity shall not affect the validity of the remaining portions of this Ordinance. All ordinances and agreements and parts of ordinances and agreements in conflict herewith are hereby repealed. mum ► - Page 19 - 11/18/93 Section 22. MOST FAVORED CITY PROVISION This ordinance governing street use may be amended at any time by the mutual written agreement of the City and the Telephone Company. It is understood that the Telephone Company is currently in the process of negotiating similar ordinances and agreements with other cities throughout the State. It is understood and agreed if an ordinance or agreement governing street use with another city in this state contains a provision which the City feels would be more advantageous to it than the terms hereof, the City may require that portion of this Ordinance be reopened for negotiation and the Telephone Company agrees to amend this Ordinance so as to provide similar provisions for the City. The intent of the parties is that the City will be entitled to treatment comparable to that which was afforded under the ordinance or agreement with the other city giving due consideration to the contextual meaning of the provision on which renegotiation is sought and the effect of the proposed amendment result in a higher level produced by the methodologies utilized by the Telephone Company to calculate compensation to other cities in Texas nor may an amendment be applied retroactively. For the purpose of this section, the Telephone Company shall, on request of the City, provide the City a copy of any street use ordinance, franchise or similar agreement it enters into with any Texas city during the term of this ordinance. SECTION 23. ACCEPTANCE OF AGREEMENT The Telephone Company shall have sixty (60) days from and after the WYLIEZNEw - Page 20 - 11/1s/113 passage and approval of this Ordinance to file its written acceptance thereof with the City Secretary. Upon such filing, this Ordinance shall take effect and the effective date of this Ordinance shall be deemed to be the first day of the calendar quarter following the acceptance and it shall be in force from and after such date, and shall effectuate and make binding the agreement provided by the terms hereof. APPROVED this day of , A.D. 19 MAYOR ATTEST: City Secretary mummy :: - I Page 21 t1/ta/w The City, acting herein by its duly constituted authorities, hereby waives the three separate meetings and hereby declares the foregoing Ordinance passed and finally effective as of this day of , 19 MAYOR Council Member Council Member Council Member Council Member Council Member WARDEN Page 22 - „/,e/w The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the day of , 19 , at a regular session of the City Council. Mayor, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting The above and foregoing ordinance read, adopted on the second reading and passed to the third reading by the .,fallowing votes, this the day of , 19 , at a regular session of the City Council. Mayor, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting The above and foregoing ordinance read, adopted on the third reading by the following votes, this the day of , 19 , at a regular session of the City Council. Mayor, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting w?1J J - Page 21 - 11/18/a9 STATE OF TEXAS S S COUNTY OF COLLIN S I. , City Secretary of the City of Wylie, Texas, do hereby certify that the above and foregoing is a true and correct copy of the right-of-way rental agreement between the City of Wylie, Texas, and GTE Southwest Incorporated as indicated herein. The same is now recorded in Volume , Page , of the Ordinance Records of the City of Wylie, Texas. WITNESS MY HAND this the day of , A.D. 19 . City Secretary (Seal) -- Page 22 „/,ate ACCEPTANCE WHEREAS, the City Council of the City of Wylie, Texas, did on the day of , 19 , enact an Ordinance entitled: AN ORDINANCE WHEREBY THE CITY OF WYLIE, TEXAS, AND GTE SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELEPHONE AND OTHER COMMUNICATION SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT; FOR A PERIOD OF AGREEMENT; FOR FUTURE CONTINGENCIES; FOR REPEAL OF CONFLICTING ORDINANCES; FOR EXCLUSION OF VIDEO SERVICES; FOR RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; FOR ALTERNATE DISPUTE RESOLUTION; FOR A LIMITATIONS PERIOD; FOR VENUE; AND FOR METHOD OF ACCEPTANCE; and WHEREAS, said Ordinance was on the day of , 19 duly approved by the Mayor of said City and the seal of said City was thereto affixed and attested by the City Secretary; NOW THEREFORE, in compliance with the terms of said Ordinance as enacted, approved and attested, GTE Southwest Incorporated hereby accepts said Ordinance and files this its written acceptance with the City Secretary of the City of Wylie, Texas, in his office. Dated this day of , A.D. 19 . GTE SOUTHWEST INCORPORATED By: . Vice President ATTEST: Assistant Secretary wnw — Page 23 - 11/111/9f • • Acceptance filed in the office of the City Secretary of Wylie, Texas, this day of , A.D. 19 • • City Secretary • IVAMMLNEW Page ,24 - 11/18/93