08-09-2011 (City Council) Agenda Packet Wylie City Council
CITY F IATYLIE NOTICE OF MEETING
Regular Meeting Agenda
August 9, 2011 — 6:00 pm
Wylie Municipal Complex — Council Chambers
300 Country Club Road, Building #100
Eric Hogue Mayor
M. G. "Red" Byboth Mayor Pro Tern
David Goss Place 1
Kathy Spillyards Place 3
Bennie Jones Place 4
Rick White Place 5
Diane Culver Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972-516-6020.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
PRESENTATION
• Never Leave a Child Unattended Month
• Jenny Fry Life Saving Award
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or takes action on any matter presented during citizen participation.
August 9,2011 Wylie City Council Regular Meeting Agenda Page 2 of 4
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the July 26, 2011 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2011-21(R) authorizing the Mayor to enter
into an Interlocal Agreement with the Collin County Commissioners Court to
include the City of Wylie and its extraterritorial jurisdiction in the Collin County
Environmental Health Care Services program. M. McAnnally, Building Official)
C. Consider, and act upon, ratifying the City Manager's execution of a construction
contract in the amount of$1,995,277 to JC Commercial, Inc. for the construction of
the 2011 Community Park Improvements Project contingent upon City Attorney
approval of the contract, insurance, and bond documents. (M. Sierra, Public Services
Director)
D. Consider, and act upon, Ordinance No. 2011-15 prohibiting parking, stopping, or
standing of a vehicle along Martinez Lane from SH 78 to Alanis Drive. (C. Holsted,
City Engineer)
E. Consider and act upon, Ordinance No. 2011-16 amending Section 3 of Ordinance
2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a
school zone for certain streets; establishing prima facie maximum speed limits
during school hours in such zone; providing for installation of signs and markings;
regulating vehicular and pedestrian traffic; providing for a penalty for the violation
of this ordinance, providing for repealing, savings and severability clauses; and
providing for an effective date of this ordinance. (C. Holsted, City Engineer)
REGULAR AGENDA
1. Consider, and act upon, Resolution No. 2011-22(R) of the City Council of the City of
Wylie, Texas, accepting the proposed property tax rate for fiscal year 2011-2012,
accepting the calculation of the effective tax rate, and providing for the publication
as provided by the Texas Property Tax Code. (L. Bantz, Finance Director)
Executive Summary
The proposed budget is based on a tax rate of$0.8989 per$100 valuation. This year's effective tax rate is
$0.901299 and the rollback tax rate is$0.949368. Any change in the proposed tax rate will require revision
of the proposed budget. Since the proposed tax rate is less than both the effective and rollback tax rate, no
public hearings on the tax rate are required.
Presentation
Hear presentations from the top ranked finalist design/build construction firms: Pulliam
Construction Services, Byrne Construction, and Adolfson & Peterson Construction.
2. Consider, and act upon, ranking the finalist design/build construction firms and
authorizing the City Manager to negotiate a contract beginning with the top-ranked
August 9,2011 Wylie City Council Regular Meeting Agenda Page 3 of 4
firm, for the Public Services remodel and new construction project. (J. Butters,
Assistant City Manager)
Executive Summary
Staff is requesting council to rank the design/build construction firm finalists in the order of preference.
Staff published a Request for Proposals for design build services for the Public Services construction
project and received 17 proposals. Staff narrowed the firms down to seven firms to interview. After
interviewing the seven firms and checking references staff narrowed those to three finalists to present to
City Council;Pulliam Construction Services,Byrne Construction,and Adolfson&Peterson Construction.
3. Consider, and act upon, authorizing the Mayor to sign an amendment to Exhibit C
of the Solid Waste contract between the City of Wylie and Community Waste
Disposal (CWD); adding biannual Clean up Green up event services and increasing
the residential solid waste rates by $. cents per month and increasing the rate
for additional polycarts by $. cents per month. CWD contract rate including
1111W (or clean up green up) rate and consider a CWD request for rate increase. (J
Butters, Assistant City Manager)
Executive Summary
At the July 12th City Council meeting Council directed staff to add services to the solid waste contract
including two events per year in which our solid waste provider would collect household hazardous waste,
tires, electronics, metal appliances, and conduct paper shredding at an additional cost of.40 per household
per month.
4. Consider, and act upon, authorizing the Wylie Economic Development Corporation
to construct parking improvements on private property to benefit the downtown
Wylie commercial district. (S. Satterwhite, Executive Director WEDC)
Executive Summary
Prior to consideration of this paving project, the Wylie Economic Development Corporation(WEDC) had
attempted to purchase 0.198 acre from the Wylie First Baptist Church (FBC) to facilitate downtown
redevelopment and facilitate increased parking to benefit downtown businesses and Olde City Park. The
area in question is located across Ballard Street from Olde City Park, adjacent to and south of Boyd
Recording Studio. An attachment to this memo depicts the property more specifically.
5. Consider, and act upon, Ordinance No. 2011-XX approving a negotiated resolution
between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex
Division regarding the company's fourth annual rate review mechanism filing in all
cities exercising original jurisdiction; declaring existing rates to be unreasonable;
adopting tariffs that reflect rate adjustments consistent with the negotiated
settlement and finding the rates to be set by the attached tariffs to be just and
reasonable; requiring the company to reimburse cities' reasonable ratemaking
expenses; repealing conflicting resolutions or ordinances; determining that this
ordinance was passed in accordance with the requirements of the Texas Open
Meetings Act; adopting a savings clause; declaring an effective date; and requiring
delivery of this Ordinance to the company and the Steering Committee's legal
counsel. (M. Manson, City Manager)
Executive Summary
The City, along with approximately 154 other cities served by Atmos Energy Mid-Tex Division ("Atmos
Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or "Steering
Committee"). On or about April 1, 2011, Atmos Mid-Tex filed with the City an application to increase
natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City as part of
the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. This is the fourth annual
RRM filing.
August 9,2011 Wylie City Council Regular Meeting Agenda Page 4 of 4
6. Consider, and act upon, a settlement with David Edward Company, Ltd in Cause
No. 401-02629-2011 in the case styled The David Edward Company, LTD v. City of
Wylie, Texas pending in the 401st District Court in Collin County, Texas and to
authorize the City Manager to take all actions necessary to effectuate the same. (M.
Manson, City Manager)
WORK SESSION
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 5th day of August 2011 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was
contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
7 ' Wylie City Council
CITY OF WYLIE
q
Minutes
Wylie City Council Meeting
Tuesday, July 26, 2011 - 6:00 p.m.
Wylie Municipal Complex - Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Council members present
included: Councilwoman Kathy Spillyards, Councilwoman Diane Culver, Councilman Rick White,
Councilman David Goss, and Councilman Bennie Jones. Mayor Pro Tem Red Byboth was
absent.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire
Chief, Randy Corbin; Finance Director, Linda Bantz; Planning Public Services Director, Mike
Sferra; Library Director, Rachel Orozco; City Engineer, Chris Hoisted; Wylie Economic
Development Director, Sam Satterwhite; Human Resources Manager, Lynn Fagerstrom; City
Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Randy Corbin led the Invocation and Kaesen Wortham representing Boy Scout Troop
302 led the Pledge of Allegiance.
PRESENTATION
• Employee Milestones—Lynn Fagerstrom, HR Manager— 10 years; JD Pulley, Crew
leader— 10 years; Candy Hawkins, CID Secretary— 10 years.
Mayor Hogue presented Plaques of Appreciation to city employees Lynn Fagerstrom, JD Pulley,
and Candy Hawkins in celebration of their 10th year anniversary with the City of Wylie. Mayor
Hogue thanked each employee for their commitment and service to the city.
• Wylie Tribute to Elvis Presley Proclamation.
Wylie Advocates for Senior Activities (WASA) representatives were presented a proclamation
by Mayor Hogue, in honor of Elvis Presley who died on August 16, 1977. He announced that
"Elvis' clone" was coming to Wylie on August 19th and invited all WASA representatives to come
Minutes July 26, 2011
Wylie City Council
Page 1
forward. Jim Swartz, President of WASA, informed attendees that Elvis' clone would be coming
to town on August 19th at the Events Center at First Baptist Church. He explained that tickets
could be purchased from any WASA member. The event is a fund raiser to raise money to
update the old library to a senior activity center. Mayor Hogue read a proclamation designating
August 15, 2011 through August 21, 2011 as "Elvis Presley Week" in the City of Wylie.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or takes action on any matter presented during citizen participation.
Alice James, residing at 3007 Leslie, Wylie, Texas, addressed council thanking them and city
staff, especially the Police Department, for responding so quickly and providing assistance in a
shooting incident in the Creekside Estates Subdivision.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the July 12, 2011 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and place on file, the Monthly Revenue and Expense Report for the City
of Wylie as of June 30, 2011. (L. Bantz, Finance Director)
C. Consider, and place on file, the City of Wylie Monthly Investment Report for June
30, 2011. (L. Bantz, Finance Director)
D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of June 30, 2011. (S. Satterwhite, Executive
Director WEDC)
E. Consider, and act upon, approval of a proposal from Fire Training Structures, LLC
in the amount of$54,685.00 for the purchase and installation of an open bay system
fire training structure. (R. Corbin, Fire Chief)
F. Consider, and act upon, award of a contract to Digital Resources, Inc., in the
amount of $74,915.40 for the installation of audio-visual equipment in selected
conference rooms and meeting rooms located in the Smith Public Library,
Recreation Center, and City Hall. (C. Kelly, Public Information Officer)
Council Action
A motion was made by Councilman White seconded by Councilwoman Spillyards to approve
the consent agenda as presented. A vote was taken and the motion passed 6-0 with Mayor Pro
Tem Byboth absent.
Minutes July 26, 2011
Wylie City Council
Page 2
REGULAR AGENDA
General Business
1. Consider, and act upon, award of a contract to Tiseo Paving Company in the
amount of$7,918,059.07 for the reconstruction of Brown Street from SH 78 to Wylie
East Drive. (C. Holsted, City Engineer)
Council/Staff Discussion
City Engineer Holsted addressed council stating the Brown Street East paving project includes
reconstructing approximately 11,100 linear feet of 4-lane concrete pavement section with sidewalks on
Brown Street from SH 78 to Stone Road. On June 24, 2011, the City opened seven bids with the low bid
being submitted by Tiseo Paving Company. The project includes approximately 70,850 square yards of
concrete paving, 9,100 square yards of concrete sidewalk, and approximately 5,000 linear feet of 24-inch,
12-inch, and 8-inch water line relocation. Two alternates were bid with the project. The bid for roadway
illumination was $371,957.64 and the bid for median irrigation was $52,052.29. The 2005 Bond Program
provided $6,300,000 for the project.
Holsted explained two of the projects included in the 2005 bond program were completed under budget.
The Alanis Drive project from Ballard Avenue to FM 544 was under budget by approximately $1,370,000.
The FM 1378 project from Brown Street to Parker Road is projected to be under budget by approximately
$2,000,000. Staff recommends using the excess funds from these projects to cover the $2,134,010
shortfall for the Brown Street East project.
Councilman Goss asked Mr. Holsted if the remainder left from the FM 1378 project included the funding
for the last 1,400 linear feet of 1378 that are still in the design phase. Mr. Holsted replied that it did not but
the city was working with Collin County to use the remainder of county funding left from the FM 1378 to
Brown Street to complete that portion of the project.
Councilman White asked when the project, if approved tonight, would begin. Mr. Holsted replied that the
project would take approximately 30 days to mobilize and 30-45 days to start. Councilwoman Culver
asked if this project would go all the way to the four way. Mr. Holsted replied it would go from SH 78 and
Brown Street all the way to Wylie East Drive.
Council Action
A motion was made by Councilman White, seconded by Councilman Goss to award a contract
to Tisco Paving Company in the amount of$7,918,059.07 for the reconstruction of Brown Street
from SH 78 to Wylie East Drive. A vote was taken and the motion passed 6-0 with Mayor Pro
Tem Byboth absent.
WORK SESSION
• WEDC presentation of the 2011-2012 Budget.
Wylie Economic Development Corporation Executive Director Sam Satterwhite addressed
council and presented an overview of the proposed budget for WEDC. Satterwhite projected
income of $2.25 million including sales tax of $1.508 million, $86,400 of Rental income from
lease properties on Industrial Court, $646,161 of Lease income from Ascend Custom Extrusion,
and Interest/Misc. income of $5,400. It was also reported that the WEDC will begin the fiscal
Minutes July 26, 2011
Wylie City Council
Page 3
year with an estimated $1,012,077 fund balance with total funds available of$3,258,038.
The WEDC has budgeted for $2,767,766 in expenses in addition to creating a reserve fund of
$490,272 representing 12 months debt service for the Ascend construction note. Of total
expenses budgeted, Personnel Services represents 9%, Operating 4.5%, Travel & Recruitment
1%, Advertising & Community Development 2.5%, Debt Service 23%, Land Acquisition 14.5%,
and Incentives & Related Expenditures 44%. Of the three core components within the WEDC
Budget, Land Acquisition, Debt Service, and Incentives represent 91% of the proposed
expenditures for FY 2011 —2012.
• Finance Department Annual Overview
Finance Director Linda Bantz presented an overview of the functions and organizational chart of
the Finance Department. She explained the main functions of the department including: Human
Resource, Purchasing, Budgeting, Accounting, Municipal Court, and Utility Billing/Meter Service.
Key areas covered were the annual budget preparation and the annual City audit. Also under
the umbrella of the Finance Department were: payroll, accounts payable/receivable, and
accounting.
Bantz presented an overview of property taxes and noted that the City's percentage of overall
revenue derived from property tax was 31%. She reviewed the sources of revenues for the City
and explained the differences between General Obligation Bonds, Revenue Bonds, and
Certificates of Obligation and their relation to bond ratings.
• 2011-2012 Budget Overview Follow-Up
City Manager Manson presented the second update of the 2011-2012 proposed budget. She
explained that the budget was still a work in progress. She reported that the final numbers had
come in from all three appraisal districts and are reflected in the revenue numbers. She reported
the beginning fund balance was approximately $450,000 higher than the number reported at the
last budget work session. She explained there was some contingency funding left from the prior
year that was not anticipated to be used therefore it was being moved to the beginning balance
line item.
The proposed revenues of $24,264,286 presume a slight tax reduction. The proposed
expenditures of $23,971,089 are less than previously presented which showed all departmental
requests. This proposal has taken out all requests and also added $125,000 for Community
Park Light payments and the elimination of the employee sick leave buyback which resulted in
$102,282 in savings. This will leave an estimated ending fund balance of$7,684,646 or 32.10%.
Manson explained that the overall appraisal district estimates were up slightly leaving a
difference between revenues and expenditures of $293,197. She recommended additional
expenditures to offset the $293,197 in additional revenue. Those included TMRS benefits for
part-time Library staff, one Police Sergeant to Lieutenant, one Police Officer to Sergeant, an
additional IT Technician, a part-time employee for Finance accounts payable, and additional
Fire Department overtime.
Manson reviewed additional requests that could be funded by an additional utility transfer. They
included one personnel upgrade to the Human Resources and City Secretary departments,
three new fire captain upgrades, three new firefighters (less any additional overtime approved),
Minutes July 26, 2011
Wylie City Council
Page 4
Animal Control attendant upgrade, Code Enforcement administrative assistant, and one new
Parks maintenance worker were recommended.
Manson reported additional expense recommendations, drawing down the fund balance by an
additional $790,355, taking the percentage from 32.10% to 27.20% which she explained was
still very healthy. The additional expenditures included new and replacement fleet items and
new and replacement equipment plus a onetime lump sum payment to all city employees. She
explained none of these expenditures would be recurring costs to the city. Manson noted that
employees had not received a raise in the past two years and this proposed 2% lump sum
payment would be given out in the fall when the sick leave buyback checks used to go out.
Manson reported that this proposed additional transfer from the Utility Fund would cause a slight
change in the water rates. She displayed the rates for the coming four years. She reported rates
had been set at a 5.25% increase each year and the additional Utility Fund transfer would raise
that water rate increase by 1.5%. Manson reported that the proposed budget had a decrease of
$.0025 in the tax rate. She reported that the tax rate based on the 2005 bonds was to be $.94
per $100 of valuation in 2012. She reported currently the tax rate had been held at $.89. She
asked for council direction on all recommendations.
Direction from council was to continue preparation of the budget with the recommendations
made based on the additional draw down of the fund balance and the additional increase in
water rates to include the additional Utility Fund transfer but not decrease the tax rate at this
time. Direction was also given to include $15,000 of Occupancy Tax dollars to fund the 2011
Wylie Arts Festival. The public hearing for the budget will be held at the regular council meeting
on August 23, 2011.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
White, seconded by Councilwoman Spillyards to adjourn the meeting at 9:30 p.m. A vote was
taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes July 26, 2011
Wylie City Council
Page 5
Wylie City Council
CITY OF WYLIE
AGENDA REPORT
Meeting Date: August 9, 2011 Item Number: B.
Department: Building Inspections (City Secretary's Use Only)
Prepared By: J. M. "Mike" McAnnally Account Code: 100-5181-56040
Date Prepared: 8/1/11 Budgeted Amount: $32,000.00
Exhibits: 1
Subject
Consider, and act upon, Resolution No. 2011-21(R) authorizing the Mayor to enter into an Interlocal Agreement
with the Collin County Commissioners Court to include the City of Wylie and its extraterritorial jurisdiction in
the Collin County Environmental Health Care Services program.
Recommendation
Motion to approve Resolution No. 2011-21(R) authorizing the Mayor to enter into an Interlocal Agreement with
the Collin County Commissioners Court to include the City of Wyllie and its extraterritorial jurisdiction in the
Collin County Environmental Health Care Services program for FY 2011-2012.
Discussion
Beginning in February 2003, the City began and has continued in annually contracting the administrative and
inspections elements of Environmental Health Services with Collin County. The extension Environmental
Health Services include the inspection of day care facilities, restaurants, schools, food service facilities, public
swimming pools, bed and breakfast establishments and hotels/motels.
The City's projected cost to hire a registered sanitarian would be approximately $75,000.00 per year for salary,
benefits, training / maintenance, equipment and vehicle with other significant initial financial burdens to
provide the office space, equipment and training. This proposed extension of the current Interlocal Agreement
will cost the City an annual amount that is calculated at 80 cents per each inhabitant of the City based on the
most recent population established by the North Central Texas Council of Governments. This base cost
calculation has remained the same since 2003, with the current contract proposed cost of$33,632.00 to the City.
These annual contract increases reflect the steady population growth of the City of Wylie and it is substantially
less expensive for the City to contract with Collin County to provide these services, while satisfying compliance
with state law through the utilization of state registered sanitarians. This is the last year available under the
current contract terms.
Approved By
Initial Date
Department Director JMM 8/1/11
City Manager IIi/'IL/
Page 1 of 1
RESOLUTION NO. 2011-21(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS, TO EXECUTE AN INTER-LOCAL
AGREEMENT BY AND BETWEEN COLLIN COUNTY AND THE CITY
OF WYLIE FOR ENVIRONMENTAL SERVICES.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, an Inter-local Agreement
by and between Collin County and the City of WYLIE, Texas for Environmental Services,
SECTION 2: This Resolution shall take effect October 1, 2011.
RESOLVED THIS 9th Day of August, 2011.
Eric Hogue, Mayor
ATTEST TO:
CAROLE EHRLICH, City Secretary
Resolution No.2011-21(R)
Inter-Local Agreement for Environmental Services
Collin County&The City of Wylie
EXHIBIT "A"
Inter-Local Agreement for Environmental Services 10/1/2011 — 9/30/2012
Resolution No.2011-21(R)
Inter-Local Agreement for Environmental Services
Collin County&The City of Wylie
Office of the Purchasing Agent
% 2300 Bloomdale Road
"LH"" COLLIN COUNTY Suite3160
McKinney, Texas 75071
www.collincountytx.gov
August 1, 2011
City of Wylie
Attn: Mayor
300 Country Club Bldg 100
Wylie, TX 75098
Re: Interlocal Agreement for Environmental Services
Dear Sir:
Please find the enclosed Amendment which will extend the above mentioned Agreement for a one
(1) year period beginning October 1, 2011, through and including September 30, 2012.
The charge for environmental services performed by the County for FY2012 will be $33.632.00.
The new amount is determined by the most recent North Texas Council of Governments population
projections.
Please sign the enclosed amendment and return all copies as soon as possible to the Collin County
Purchasing Department.
Upon completion, one(1)fully executed copy will be returned to you for your files.
Should you have any questions, please feel free to contact me at(972) 548-4103 or Metro (972)
424 1460, ext. 4103.
Sincerely,
Matt Dobecka, CPPB
Collin County Purchasing Department
2300 Bloomdale Rd., Ste 3160
McKinney, Texas 75071
/md
Encl.
c:file
Office of the Purchasing Agent
Collin County Administration Building
coy iH Contract Amendment Four(4) 2300 Bloomdale Rd,Ste 3160
count.
McKinney,TX 75071
972-548-4165
Vendor: City of Wylie Effective Date 10/1/2011
Attn: Mayor Contract No. 10178-09
300 Country Club Bldg 100 Contract Interlocal Agreement for
Wylie,TX 75098 Environmental Services
Awarded by Court Order No.: 2007-742-09-11
Contract Amendment No. 1 Court Order No. 2008-963-10-28
Contract Amendment No. 2 Court Order No. 2009-712-09-14
Contract Amendment No. 3 Court Order No. 2010-771-09-27
Contract Amendment No. 4 Court Order No.
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT
Extension of agreement for a one(1)year period as provided for in section 2.0 of the agreement.
Agreement shall be in effect from October 1, 2011,through and including September 30, 2012.
Total amount for fiscal year 2012: $33,632.00
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be modified in writing signed by both parties.
ACCEPTED BY: ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
CITY OF WYLIE COMMISSIONERS' COURT
Collin County Administration Building
300 Country Club Bldg 100 2300 Bloomdale Rd,Ste 3160
Wylie,TX 75098 McKinney,Texas 75071
SIGNATURE Frank Ybarbo
TITLE: Purchasing Agent
DATE: DATE:
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: August 9, 2011 Item Number: C.
Department: Public Services (City Secretary's Use Only)
Prepared By: Mike Sferra Account Code: 447-5447-56510 Project 7CA
Date Prepared: August 1, 2011 Budgeted Amount: $1,495,000
Exhibits:
Subject
Consider, and act upon, ratifying the City Manager's execution of a construction contract in the amount of
$1,995,277 with JC Commercial, Inc. for the construction of the 2011 Community Park Improvements Project
contingent upon City Attorney approval of the contract, insurance, and bond documents.
Recommendation
Motion to ratify the City Manager's execution of a construction contract in the amount of $1,995,277 with JC
Commercial, Inc. for the construction of the 2011 Community Park Improvements Project contingent upon City
Attorney approval of the contract, insurance, and bond documents.
Discussion
On June 14, 2011 the Council approved Resolution No. 2011-19(R) authorizing the City Manager to execute a
construction contract in the amount of $1,995,277 with JC Commercial, Inc. for the construction of the 2011
Community Park Improvements Project contingent upon City Attorney approval of the contract, insurance, and
bond documents. Since that date, the contractor has submitted all required documentation to the City Attorney,
and the City Attorney has reviewed and approved all documents. The City Manager executed the contract on
August 1, 2011
The June 14, 2011 agenda communication related to the Community Park project stated the following: "In the
interest of expediting project implementation, this item requests that Council authorize the City Manager to
execute the contract contingent upon City Attorney approval of the contract, insurance, and bond documents
from JC Construction, Inc. Staff would then return to Council with an item to ratify that action." Today's
agenda item completes that process.
As a project update - two of the approved add alternate items from the June 14 Council meeting included a
concession stand/restroom facility with a cap not to exceed $300,000 and a parking variation for $200,000 (112
— 115 spaces with landscape and irrigation for islands and pavement markings). The project consultant, Teague
Nall and Perkins, coordinated with the contractor and developed several parking variations, but none emerged
satisfactory to staff as they lacked an overall, complete, finished-out appearance. Staff was aware that Council
voiced concern regarding the cost of the concession stand and the adequacy of the proposed parking. With that
consideration, reducing the cost of the concession stand to $217,900 would allow for the construction of 156
parking spaces for $282,100 including pavement markings and landscape and irrigation for the islands. As
Page 1 of 2
Page 2 of 2
there is no overall increase in cost, and the concession stand remains below the established cap, staff is currently
progressing in this direction.
On Friday, July 15 2011, staff and the project consultant held a preconstruction meeting with the contractor.
The City issued a Notice to Proceed to the contractor on August 1, 2011.
Approved By
Initial Date
Department Director MS August 1 2011
City Manager IMM 8/'IL/
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: August 9, 2011 Item Number: D.
Department: Engineering (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code: N/A
Date Prepared: August 1, 2011 Budgeted Amount:
Exhibits: Ordinance
Subject
Consider, and act upon, Ordinance No. 2011-15 approval of an Ordinance prohibiting parking, stopping, or
standing of a vehicle along Martinez Lane from SH 78 to Alanis Drive.
Recommendation
Motion to approve Ordinance No. 2011-15 prohibiting parking, stopping, or standing of a vehicle along
Martinez Lane from SH 78 to Alanis Drive.
Discussion
Properties along Martinez Lane have recently developed with industrial type uses which have increased truck
traffic along the roadway. To provide better traffic and emergency vehicle flow along the roadway, staff
recommends posting the street with no parking from SH 78 to Alanis Drive.
Approved By
Initial Date
Department Director CH 08/01/11
City Manager IMM
Page 1 of 1
ORDINANCE NO. 2011-15
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
SECTION 110-173 (STOPPING, STANDING, OR PARKING
PROHIBITED IN CERTAIN PLACES) OF ARTICLE VI (STOPPING,
STANDING, AND PARKING) OF CHAPTER 110 (TRAFFIC AND
VEHICLES) OF THE WYLIE CODE OF ORDINANCES; PROHIBITING
PARKING, STOPPING OR STANDING OF A VEHICLE ALONG
MARTINEZ LANE FROM SH 78 TO ALANIS DRIVE DURING THOSE
TIMES SET FORTH IN THIS ORDINANCE; ESTABLISHING AN
OFFENSE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to
prohibit the stopping, standing, or parking of a vehicle along Martinez Lane from SH 78 to
Alanis Drive (the "Zone"); and
WHEREAS, the City Council further finds that it is a reasonable exercise of its police
power to prohibit the stopping, standing, or parking of a vehicle in the Zone; and
WHEREAS, the City Council further finds that the stopping, standing, or parking of a
vehicle in the Zone is dangerous and creates a traffic hazard that threatens the health, safety, and
welfare of motorists and pedestrians; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie and promote the public health, safety and
welfare of the school children to prohibit the stopping, standing, or parking located in Wylie, as
set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: FINDINGS INCORPORATED. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Section 110-173 (Stopping, Standing, or Parking
Prohibited in Certain Places) of Article VI (Stopping, Standing, and Parking) of Chapter 110
(Traffic and Vehicles) of the Wylie Code of Ordinances. Section 110-173 (Stopping, Standing,
or Parking Prohibited in Certain Places) of Article VI (Stopping, Standing, and Parking) of
Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances is amended to read as
follows:
Ordinance No.2011-15—No Parking,Martinez Lane from SH78 to Alanis Dr. Page 1
596255.1
"Sec. 110-173. Stopping, standing or parking prohibited in certain places.
(a) An operator may not stop, stand or park a vehicle:
(1) On the roadway side of a vehicle stopped or parked at the edge or curb of
a street;
(2) On a sidewalk;
(3) In an intersection;
(4) On a crosswalk;
(5) Between a safety zone and the adjacent curb or within 30 feet of a place
on the curb immediately opposite the ends of a safety zone, unless the
governing body of a municipality designates a different length by signs or
markings;
(6) Alongside or opposite a street excavation or obstruction if stopping,
standing, or parking the vehicle would obstruct traffic;
(7) On a bridge or other elevated structure on a highway or in a highway
tunnel;
(8) On a railroad track; [er]
(9) Where an official sign prohibits stopping. or [-]
(10) In the following designated areas, if a no stopping, standing, and parking
sign is posted:
(A) Glen Lakes Court from the northern most point of Glen Lakes
Court, extending one hundred and twenty (120) feet south of said
point from 30 minutes prior to the start of school until 30 minutes
after the start of school and from 30 minutes prior to the end of
school until 30 minutes after the end of school when Groves
Elementary School is in session; and
(B) Martinez Lane from SH 78 to Alanis Drive at any time; and
(b) An operator may not, except momentarily to pick up or discharge a passenger,
stand or park an occupied or unoccupied vehicle:
(1) In front of a public or private driveway;
(2) Within 15 feet of a fire hydrant;
(3) Within 20 feet of a crosswalk at an intersection;
(4) Within 30 feet on the approach to a flashing signal, stop sign, yield sign or
traffic control signal located at the side of a roadway;
(5) Within 20 feet of the driveway entrance to a fire station and on the side of
a street opposite the entrance to a fire station within 75 feet of the
entrance, if the entrance is properly marked with a sign; or
(6) Where an official sign prohibits standing.
(c) An operator may not, except temporarily to load or unload merchandise or
passengers, park an occupied or unoccupied vehicle:
(1) Within 50 feet of the nearest rail of a railroad crossing; or
Ordinance No.2011-15—No Parking,Martinez Lane from SH78 to Alanis Dr. Page 2
596255.1
(2) Where an official sign prohibits parking.
(d) A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not
impede the normal and reasonable movement of pedestrian or other traffic on the
sidewalk.
(e) A private vehicle operated by an elevator constructor responding to an elevator
emergency shall be exempt from subsections (a)(1), (a)(5), (a)(6), and (a)(9), (b),
and (c) of this section.
(f) Subsections (a), (b) and (c) of this section do not apply if the avoidance of conflict
with other traffic is necessary or if the operator is complying with the law or the
directions of a police officer or official traffic control device."
SECTION 3: ENFORCEMENT: In no way shall those areas where stopping, standing,
or parking is prohibited be obstructed and no parking shall occur therein. The Police Chief, or
his/her authorized representatives, is authorized to issue citations and/or remove or cause to be
removed any material or vehicle obstructing the area in which stopping, standing, or parking is
prohibited at the expense of the owner of such material or vehicle. The City shall not be
responsible or liable for any damage to any vehicle or personal property removed from the area
where stopping, standing, or parking is prohibited and shall not be responsible for any damage
resulting from the failure to exercise the authority granted under this Ordinance.
SECTION 4: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal
shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the
repeal prevent a prosecution from being commenced for any violation if occurring prior to the
repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and
effect.
SECTION 5: SEVERABILITY. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall
remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,
and each section, subsection, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
SECTION 6: PENALTY PROVISION. Any person violating this Ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not more
than Five Hundred Dollars ($500.00). Each continuing day's violation or separate act under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all
legal rights and remedies available to it pursuant to local, state and federal law.
Ordinance No.2011-15—No Parking,Martinez Lane from SH78 to Alanis Dr. Page 3
596255.1
SECTION 7: AMENDMENTS. For clarity in reading amendments to the Wylie Code of
Ordinances, any language intended to be added to the code may be underscored in the amending
ordinance, and any language intended to be deleted from the code may be placed in brackets and
stricken through. These markings, when used, and the deleted portions shall be removed when
amendments are printed in the code. The amended provisions as set forth in this Ordinance have
also been renumbered for ease of reading.
SECTION 8: EFFECTIVE DATE. This Ordinance shall be effective upon its passage
and publication as required by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 9th day of August, 2011.
ERIC HOGUE, Mayor
ATTESTED AND CORRECTLY
RECORDED:
CAROLE EHRLICH, City Secretary
Date of publication in The Wylie News - Wednesday, August 17, 2011
Ordinance No.2011-15—No Parking,Martinez Lane from SH78 to Alanis Dr. Page 4
596255.1
Wylie City Council
CITY OF WY .I AGENDA REPORT
Meeting Date: August 9, 2011 Item Number: E.
Department: Engineering (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code: N/A
Date Prepared: August 1, 2011 Budgeted Amount:
Exhibits: Ordinance
Subject
Consider and act upon, Ordinance No. 2011-16 amending Section 3 of Ordinance 2007-36 and Article IV,
Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima
facie maximum speed limits during school hours in such zone; providing for installation of signs and markings;
regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing
for repealing, savings and severability clauses; and providing for an effective date of this ordinance.
Recommendation
A motion to approve Ordinance No. 2011-16 amending Section 3 of Ordinance 2007-36 and Article IV, Section
110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie
maximum speed limits during school hours in such zone; providing for installation of signs and markings;
regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing
for repealing, savings and severability clauses; and providing for an effective date of this ordinance.
Discussion
The proposed Ordinance establishes school zones on the recently complete portion of FM 1378 for Smith
Elementary and it also establishes a pedestrian crossing on Stone Road for Burnett Jr. High School.
Approved By
Initial Date
Department Director CH 08/01/11
City Manager IMM 8/'IL/
Page 1 of 1
ORDINANCE NO. 2011-16
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO.2007-36 AND ARTICLE IV(SPEED), SECTION 110-133
(SCHOOL ZONES), OF THE WYLIE CODE OF ORDINANCES,
ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS;
ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING
SCHOOL HOURS IN SUCH ZONE;PROVIDING FOR INSTALLATION OF
SIGNS AND MARKINGS; REGULATING VEHICULAR AND
PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, §545.356 of the Texas Transportation Code provides that whenever the
governing body of the municipality shall determine upon the basis of an engineering and traffic
investigation that any prima facie speed therein set forth is greater or less than is reasonable or
prudent under the conditions found to exist at any intersection or other place or upon any part of a
street or highway within the City of Wylie, Texas ("Wylie" or"City"), taking into consideration,
among other things, whether the highway is a two-lane, undivided highway, as well as the usual
traffic thereon, said governing body may determine and declare reasonable and prudent maximum
prima facie speed limits thereon by the passage of an ordinance, which shall be effective when
appropriate signs giving notice thereof are erected at such intersection or other place or part of the
street or highway; and
WHEREAS, §541.302 of the Texas Transportation Code defines a"school crossing zone"as
a reduced speed zone designated on a street by a local authority to facilitate safe crossing of the
street by children going to or leaving a public or private elementary or secondary school during the
time the reduced speed limit applies; and
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") finds it
necessary to amend Ordinance No. 2007-36 and Article IV (Speed), Section 110-133 (School
Zones), of the Wylie Code of Ordinances to coordinate with the change in school attendance times
and to establish maximum speed limits within the areas and at the locations named and designated in
the body of this Ordinance, all within the corporate limits of the City of Wylie, and in the immediate
vicinity of school areas, during periods of time,which shall be set by the City's Engineer,when the
schools are in session and school children are going to and from schools and playgrounds; and
WHEREAS, the City Council finds that it is necessary for the protection and safety of
pedestrians crossing streets in school areas to establish maximum speed limits and to prohibit the
overtaking and passing of motor vehicles within the school zone; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of the City to amend Ordinance No.2007-36 and Article
IV(Speed), Section 110-133 (School Zones) of the Wylie Code of Ordinances as set forth below.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
Ordinance No.2011-16
School Speed Zones Page 1
596105.1
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Ordinance No. 2007-36 and Article IV(Speed), Section 110-
133(School Zones), of the Wylie Code of Ordinances. Ordinance No. 2007-36and Article IV
(Speed), Section 110-133 (School Zones) of the Wylie Code of Ordinances are hereby amended to
read as follows:
"School Zones
a) Vehicle speed and operation generally: It shall be unlawful for any person to
operate or drive any vehicle at a speed greater than the speed designated or posted,or
to overtake or pass any other vehicle in any school zone as may be marked or
designated within the City during the hours indicated upon signs erected in such
zone, or whenever children are present in such zones, or when such zones have an
alternating flashing light in operation.
b) Speed limits: The following prima facie maximum speed limits hereinafter indicated
for motor vehicles are hereby determined and declared to be reasonable and safe.
Such maximum speed limits are hereby fixed at the rate of speed indicated for motor
vehicles traveling upon the main street or highway, or parts of the main street or
highway, and no motor vehicle shall be operated along or upon such portions of the
named streets or highways within the corporate limits of the City in excess of the
speeds set forth as follows:
1) Twenty (20) miles per hour on school days, on the following streets:
a. On Brown Street from a point one hundred fifty feet(150') west of
the point of its intersection with Rustic Trail to a point three hundred
sixty feet (360') east of the point of its intersection with Westgate
Way.
b. On Birmingham Street from the point of its intersection with
Williams Street, one hundred fifty feet(150')south to the point of its
intersection with West Stone Road.
c. On Park Boulevard from the intersection of Westgate Way, west to
the intersection of Country Club (FM 1378).
d. On Westgate Way from the intersection of Park Boulevard, south one
hundred fifty feet(150').
e. On Westgate Way from a point(1260') north of its intersection of
with Brown St., to a point(1170') south of-its intersection-with
Brown St.
2) Twenty (20) miles per hour on school days, on the following streets:
Ordinance No.2011-16
School Speed Zones Page 2
596105.1
a. On Kirby Street from a point two hundred feet(200')east of the point
of its intersection with Memorial Drive to the point of its intersection
with Birmingham Street.
b. On Springwood Lane from the point of its intersection with Lanwood
Drive to the point of its intersection with W.A. Allen Boulevard.
c. On Lanwood Drive from a point five hundred twenty five feet(525')
north of its intersection with Springwood Lane, south to the point of
its intersection with Heatherwood Lane.
d. On Heatherwood Lane from its intersection with Lanwood Drive to
two hundred fifty feet (250') west of intersection with Castlewood
Drive.
e. On W.A. Allen Boulevard from a point one thousand feet (1000)
north of the point of its intersection with Springwood Lane to a point
two-tenths (2/10) of a mile south to the intersection of Stone Road.
f On Stone Road from a point four hundred feet (400') west of the
point of its intersection with Allen Road to a point east of the point of
its intersection to Stonehedge Drive.
g. On Lanwood Drive west to Castlewood Drive.
h. On Heatherwood Drive from W.A. Allen to the intersection of
Lanwood Drive.
i. On Heatherwood Drive from its intersection with Brentwood Drive
to a point, (250') north of the intersection.
j. On Park Boulevard from the intersection of Country Club Road,west
one hundred fifty feet(150').
k. On Cheyenne Road from Park Boulevard, north to one hundred fifty
feet(150') north of the intersection of Tuscalosa Drive.
1. On Tuscalosa Drive from the intersection of Cheyenne Road,east five
hundred feet(500').
m. On McCreary Road from the intersection of Riverway Lane, south
one thousand feet(1000').
n. On McCreary Road from the intersection of Riverway Lane, north
one thousand feet(1000').
o. On Riverway Lane from McCreary Road, east two-tenths (2/10) of a
mile to one hundred feet (100') west of the intersection of
Meandering Drive.
p. On Appalachian Drive from the intersection of Riverway Lane, south
one hundred fifty feet(150').
q. On Springtide Drive from the intersection of Riverway Lane, north
one hundred fifty feet(150').
3) Thirty-five (35) miles per hour on school days, on the following streets:
a. On Country Club Road from the intersection of Park Boulevard,
south five hundred feet(500').
b. On Country Club Road from the intersection of Park Boulevard,
north one thousand feet(1000').
Ordinance No.2011-16
School Speed Zones Page 3
596105.1
4) Twenty (20) miles per hour on school days, on the following streets:
a. On Pirate Drive from the point of its intersection with Hilltop Street
to a point of its intersection with Ballard Street.
b. On Hilltop Street from the point of its intersection with Pirate Drive
to a point of its intersection with Stone Road.
c. On Kirby Street from the intersection of Birmingham, east to Ballard
Street.
d. On Ballard Street from the intersection of Stone Road, south to two
hundred feet(200') north of the intersection of Stoneybrook Drive.
e. On Stone Road from the point of its intersection with 2nd Street to the
point of its intersection with Dogwood Dr.
5) Twenty (20) miles per hour on school days, on the following streets:
a. On Wylie East Drive to from a point(1000') north of its intersection
ef with Brown St.to a point(100')south of the Brown St intersection.
b. On Brown St. from its intersection with Wylie Drive East to a point
(100') west of the intersection.
6) Twenty (20) miles per hour on school days, on the following streets:
a. On Hooper Road from its intersection with New Hensley Ln. south
to its intersection with Old Hensley Ln.
b. On the southbound lanes Woodbridge Pkwy from 500 feet north of
its intersection with New Hensley Ln. to its intersection with New
Hensley Ln.
c. On the northbound lanes of Woodbridge Pkwy from its intersection
with New Hensley Ln to the north property line of the Broad Stone
Apartments.
d. On New Hensley Ln. from its intersection with Woodbridge Pkwy
east to a point 400 feet east of the east property line of the Raymond
Cooper Jr High School.
7) Twenty (20) miles per hour on school days, on the following streets:
a. On Elm Rd. from its intersection with FM 544 west to a point 400
feet west of its intersection with Timber Falls Dr.
b. On Timber Falls Dr from its intersection with Elm Rd to a point 200
feet south of the intersection.
8) Twenty (20) miles per hour on school days, on the following streets:
a. On Country Club Dr. (FM 1378)from a point 200 ft south of its
intersection with Lakeway Dr. to a point 400 ft south of its
intersection with Teakwood Dr.
Ordinance No.2011-16
School Speed Zones Page 4
596105.1
As a result of the frequent changes to elementary and secondary public and private school
start and end times, the appropriate hours of enforcement for school zone maximum speed
limits shall be set by the City's Engineer. The maximum speed limits in a school zone shall
be set in accordance with the Texas Department of Transportation recommendations,unless
set forth and posted otherwise as determined by the City's Engineer. The speed limits
contained in this section shall not be effective until signs giving notice of such regulations
are posted upon or at the entrances to those portions of the street or highway affected as may
be most appropriate in accordance with the Uniform Manual on Traffic Control Devices, as
amended, promulgated by the state department of transportation. The city manager or his
duly authorized representative is authorized and directed to cause to be erected such
appropriate signs."
SECTION 4: Penalty Provision. Any person, firm, corporation or entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Five Hundred Dollars($500.00). Each continuing day's violation or separate act
under this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal
rights and remedies available to it pursuant to local, state and federal law.
SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 6: Severability. Should any section, subsection, sentence,clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Wylie hereby declares that it would have passed this Ordinance,and each section, subsection,clause
or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the Wylie City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 9th day of August, 2011.
Eric Hogue, Mayor
ATTEST
Carole Ehrlich, City Secretary
Date of publication in The Wylie News—August 17, 2011
Ordinance No.2011-16
School Speed Zones Page 5
596105.1
tit Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: August 9, 2011 Item Number: 1.
Department: Finance (City Secretary's Use Only)
Prepared By: Linda Bantz Account Code:
Date Prepared: July 29, 2011 Budgeted Amount:
Resolution, Property Tax
Exhibits: Distribution Calculations
Subject
Consider, and act upon, Resolution No. 2011-22(R) of the City Council of the City of Wylie, Texas, accepting
the proposed property tax rate for fiscal year 2011-2012, accepting the calculation of the effective tax rate, and
providing for the publication as provided by the Texas Property Tax Code.
Recommendation
Motion approving Resolution No. 2011-22(R) of the City Council of the City of Wylie, Texas, accepting the
proposed property tax rate for fiscal year 2011-2012, accepting the calculation of the effective tax rate, and
providing for the publication as provided by the Texas Property Tax Code.
Discussion
In accordance with the "Truth in Taxation" laws of the State of Texas, the effective and rollback tax rates and
other statements and schedules must be published.
The proposed budget is based on a tax rate of $0.8989 per $100 valuation. This year's effective tax rate is
$0.901299 and the rollback tax rate is $0.949368. Any change in the proposed tax rate will require revision of
the proposed budget. Since the proposed tax rate is less than both the effective and rollback tax rate, no public
hearings on the tax rate are required.
The official detailed effective tax rate calculation is available in the office of the Collin County Tax
Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for
the Council and public to view.
Approved By
Initial Date
Department Director LB 7/29/11
City Manager IM
M
Page 1 of 1
RESOLUTION NO. 2011-22(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX
RATE FOR FISCAL YEAR 2011-2012; ACCEPTING THE
CALCULATION OF THE EFFECTIVE TAX RATE; AND
PROVIDING FOR THE PUBLICATION AS PROVIDED BY THE
TEXAS PROPERTY TAX CODE.
WHEREAS, the City of Wylie has received the calculated effective tax rate as presented
by the Collin County Tax Assessor/Collector's Office; and
WHEREAS, the Texas Property Tax Code Chapter 26, as heretofore amended, provides
the specific procedures in which to consider the proposed tax rate;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of
$0.8989 per $100 valuation as the proposed property tax rate for fiscal year 2011-2012.
SECTION 2. The City Council of the City of Wylie, Texas, met in a public meeting on
August 9, 2011, and accepted this resolution with a majority vote as follows:
Mayor Eric Hogue YEA NAY ABSTAIN ABSENT
Mayor Pro Tem Red Byboth YEA NAY ABSTAIN ABSENT
Councilmember Kathy Spillyards YEA NAY ABSTAIN ABSENT
Councilmember Richard White YEA NAY ABSTAIN ABSENT
Councilmember Bennie Jones YEA NAY ABSTAIN ABSENT
Councilmember David Goss YEA NAY ABSTAIN ABSENT
Councilmember Diane Culver YEA NAY ABSTAIN ABSENT
SECTION 3. The content and vote taken on this resolution shall be published in the
official newspaper of the City as provided by the Texas Property Tax Code.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on
this the 9th day of August 2011.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Resolution No. 2011-22(R)
Proposed Property Tax Rate FY2011-12
PROPERTY TAX DISTRIBUTION CALCULATIONS
FY2011-12 FY2010-11
Tax Year 2011 Tax Year 2010
TAX ROLL:
Assessed Valuation (100%) $2,235,696,487 $2,195,909,672
Rate per $100 0.89890 0.89890
Tax Levy Freeze Adjusted 20,096,676 19,739,032
Tax Levy -Frozen (Disabled/over 65)* 802,935 723,946
Total Tax Levy 20,899,611 20,462,978
Percent of Collection 100% 100%
Estimated Current Tax Collections $ 20,899,611 $ 20,462,978
SUMMARY OF TAX COLLECTIONS:
Current Tax $ 20,096,676 $ 19,739,032
Revenue From Tax Freeze Property 802,935 723,946
Delinquent Tax 90,000 110,000
Penalty and Interest
TOTAL TAX COLLECTIONS $ 20,989,611 $ 20,572,978
FY2011-12
PERCENT
FY2011-12 OF FY2011-12 FY2010-11
TAX RATE TOTAL AMOUNT AMOUNT
GENERAL FUND:
Current Tax $ 0.600153 $ 13,417,600 $ 13,194,123
Revenue From Tax Freeze Property 536,120 483,906
Delinquent Tax 60,093 73,527
Penalty and Interest
Total General Fund $ 0.600153 66.77% $ 14,013,813 $ 13,751,556
DEBT SERVICE FUND:
Current Tax $ 0.298747 $ 6,679,076 $ 6,544,909
Revenues From Tax Freeze Property 266,815 240,040
Delinquent Tax 29,907 36,473
Penalty and Interest
Total Debt Service $ 0.298747 33.23% $ 6,975,798 $ 6,821,422
DISTRIBUTION $ 0.898900 100.00% $ 20,989,611 $ 20,572,978
7/: Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: 08-09-2011 Item Number: Presentations
Department: CM (City Secretary's Use Only)
Prepared By: Jeff Butters Account Code:
Date Prepared: 07-26-2011 Budgeted Amount:
Exhibits:
Subject
Hear Presentations from the top ranked finalist design/build construction firms: Pulliam Construction Services,
Byrne construction, and Adolfson & Peterson Construction.
Recommendation
No Action Required
Discussion
Staff is requesting council to rank the design/build construction firm finalists in the order of preference. Staff
published a Request for Proposals for design build services for the Public Services construction project and
received 17 proposals. Staff narrowed the firms down to seven firms to interview. After interviewing the seven
firms and checking references staff narrowed those to three finalists to present to City Council; Pulliam
Construction Services, Byrne Construction, and Adolfson & Peterson Construction.
Each firm is present tonight to present their proposals. Action will be taken in a separate agenda item following
the presentations.
Approved By
Initial Date
Department Director JB 7-26-2011
City Manager IMM
Page 1 of 1
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: 08-09-2011 Item Number: 2.
Department: CM (City Secretary's Use Only)
Prepared By: Jeff Butters Account Code:
Date Prepared: 07-26-2011 Budgeted Amount:
Exhibits:
Subject
Consider, and act upon, ranking the finalist design/build Construction firms and authorizing the City Manager
to negotiate a contract beginning with the top-ranked firm, for the Public Services remodel and new
construction proj ect.
Recommendation
Motion to rank first, second, and and authorize the City Manager to
negotiate a contract beginning with the top-ranked firm, for the Public Services remodel and new construction
proj ect.
Discussion
Staff is requesting council to rank the design/build construction firm finalists in the order of preference. Staff
published a Request for Proposals for design build services for the Public Services construction project and
received 17 proposals. Staff narrowed the firms down to seven firms to interview. After interviewing the seven
firms and checking references staff narrowed those to three finalists to present to City Council; Pulliam
Construction Services, Byrne Construction, and Adolfson & Peterson Construction.
Once the City Council ranks the finalist in order of preference the City Manager, or designee, will initiate
negotiations relative to scope of work, services, fee and payment schedule with the top ranked firm. If a
tentative agreement is reached the City Manager will return to Council with a contract for consideration and
possible action. If a tentative agreement cannot be reached with the top firm then negotiations will begin with
the second ranked firm, until an agreement can be reached and a contract can be brought back to City Council.
Approved By
Initial Date
Department Director JB 7-26-2011
City Manager II / 1/
Page 1 of 1
7/: Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: 08-09-2011 Item Number: 3
Department: CM (City Secretary's Use Only)
Prepared By: Jeff Butters Account Code:
Date Prepared: 07-22-2011 Budgeted Amount: NA
CWD Request for Market
Adjustment, Solid Waste
Exhibits: contract.
Subject
Consider and act upon authorizing the Mayor to sign an amendment to Exhibit C of the Solid Waste contract
between the City of Wylie and Community Waste Disposal (CWD); adding biannual clean up Green up event
services and increasing the residential solid waste rates by $. cents per month and increasing the rate for
additional polycarts by $. cents per month. CWD contract rate including HHW (or clean up green up) rate
and consider a CWD request for rate increase.
Recommendation
Motion to authorize the Mayor to sign an amended Solid Waste Contract between the City of Wylie and
Consolidated Waste Management; adding bi-annual Clean up Green up event services and increasing the
residential solid waste rates by $. cents per month and increasing the rate for additional polycarts by
$. cents per month. CWD contract rate including HHW (or clean up green up) rate and consider a CWD
request for rate increase.
Discussion
At the July 12t City Council meeting Council directed staff to add services to the solid waste contract
including two events per year in which our solid waste provider would collect household hazardous waste, tires,
electronics, metal appliances, and conduct paper shredding at an additional cost of.40 per household per month.
After the July 12th meeting staff received a request for a market adjustment from CWD. CWD requests an
increase of.44 per residential household per month and an increase of.18 per additional polycart per month.
Per our contract CWD has the ability to request a rate adjustment once per year for consideration by the Wylie
City Council. Our contract began with CWD in September 2008. Since that time there has been one request for
an increase in commercial rates (in 2010), and there has not been a request for an increase in residential rates.
CWD rate adjustment requests are based on a formula that the City agreed upon when we executed the solid
waste contract. The cost factors in the formula are fuel prices, disposal cost(cost per ton to dump at the landfill)
and the CPI. Each cost factor is weighted by what percentage of the cost of a particular service that cost factor
equals. For example, the CPI is 63% of the cost of residential service, whereas it is 58% of the cost of
commercial front load service.
Staff is asking Council to consider several issues all related to this contract and this agenda item. They include:
Page 1 of 3
Page 2 of 3
• Whether or not to grant CWD's request for a rate increase of .44 per month per household and .18 per
month per household for additional carts.
• At what level to fund the rate increase caused by the additional services for Clean up Green up; .15, .30,
or .40. (the Cities cost will be .15 per month per household for 2011, .30 for 2012, and .40 for 2013)
The first two decisions affect our contract with CWD and what rate we pay for the services. The third decision
is what to do with our rate that we collect from citizens, do we pass on all of the rate increase to citizens or do
we absorb some or all of it?
Included with this agenda item is a table of different rate options and how they impact the budget.
How Wylie residential rates compare to other Cities;
City Wylie Murphy Sachse Rockwall Rowlett Allen Plano McKinney Garland
11.30 12.44 13.64 14.39 15.01 15.02 15.10 15.36 16.58
CWD Contract options
Options HHW rate Rate Increase Total rate New % of increase Budget
increase Residential if passed impact if not
contract rate. onto citizens passed onto
citizens.
1 .15 .44 .59 8.38 5.2% -93,500
2 .15 .0 .15 7.94 1.3% -23,500
Wylie Solid Waste Rate option examples
Options Current rate Rate increase New rate %Increase Budget
impact for
2011
1 11.30 .59 11.89 5.2 Neutral
2 11.30 .15 11.45 1.3 Neutral
3 11.30 .22 11.52 2 -58,199
4 11.30 .33 11.63 3 -40,900
5 11.30 .84 12.14 7.4 +39,300
6 11.30 0 11.30 0 $93,500
*Option 1 shows the effect of passing through .15 for HHW and .44 rate increase.
*Option 2 shows the impact of passing on .15 for HHW and denying the .44 rate increase.
*Option 3 assumes spreading out the rate increase over several years at 2%per year. The budget impact for
2011 assumes that the CWD rate increase of.44 is granted. The budget impact would (potentially)be neutral by
year 4.
*Option 4 assumes spreading out the rate increase over several years at 3%per year. The budget impact for
2011 assumes that the CWD rate increase of.44 is granted. The budget impact would (potentially)be neutral by
year three.
*Option 5 shows the impact of charging citizens .40 for HHW and passing on the .44 rate increase.
*Option 6 shows the impact of absorbing the .15 for HHW and the .44 rate increase.
*All budget impact numbers are approximate, the number of accounts changes monthly.
Page 3 of 3
*Households with additional polycarts are not factored into these tables. If the additional polycart rate increase
was granted and not passed onto citizens it would have a budget impact of negative $1000-$1500 per year.
Approved By
Initial Date
Department Director JB 8-4-2011
MM 8-4-11
City Manager
, IH IH1T
f
,
t
aster)
July 13, 2011
Mindy Manson
City Manager
30(1 Country Club Rd Bldg 100
Wylie, TX 75098-3000
RE: Request for Market .!,.iljustment Effective September(III 2011
1)ear Mindy:
In accordance with the Solid Waste & Recycling Contract Community Waste Disposal (('WI)) may
request an annual market adjustment This notice is to inform you of our request I&a Market Adjustment
effective September 01, 2011. Attached is a new 2011 schedule "A" outlining the changes in rates, the
IS. Department of Labor information regarding the CP1 index, the DOE regional fuel prices for 2011 (Sr.,
2010 and a worksheet that recaps the changes in disposal, fuel and landfill.
The information below reflects adjustment lbr'Wylie's residential customer base.
2010 2011 Residential rate $ 7.79
:2011-2012 Residential rate $ 8.23
2010-201 1 Additional Carts each $ 3.45
201 -2012 Additional Carts each $ 3.63
If you have any questions concerning this matter, please feel free to contact mc directly at 972.392,9300 x
225.
Sineerely,/,, „„
(a) (
David Datrynfple
Accounts Receivable Manner
Ene: CPi Statistical Summary Data
DOE Regional Diesel Fuel Prices 2010&2011
Calculation Worksheet
201 I Schedule A
CC: Jeff Butlers
Greg Roemer
Dale Pound
0 C:Pdii(X
',302,f)301
WYLIE Schedule
a € € 201012?i 2 2 12 i 1
City � Solid Waste Collection and R n _ CPI �. Total 1 I NetRaet N eta ere
1cue", .Adjust�•ent Aulastmeni _Au, st. ..nt zczusErne..; , -
i Services
3.30% 32.42%. 0.00% 1 1
Percent o Ahins men 4_
Residential Trash Rate_o Residents once a week) I r654. I $4.71 1 30.10 $0.15 • $0.00 I $0 25 i $4.98 I N43. 1
I Additional Residential Trash Cad Pricing(Each) 1 $3.45 I 80.07 I $0.,, I $0.00 I $0,18 I 53 63
I �_ I I I
Percent of Adjustment 1 88 12 0 1 1
l Residential Recycling Rate to Residents ones week) 51537 $2.38 80,07 € $0,09 $0.00 $0.i6 I $2.54 I
1 Additional Residential.Recycling Cary?nein- Each) 0 ( 30.0 t 1 $O.f O i $0.14 I $2.07
t
I I
1 -._. -_. _Percent oT Just 75 is € 63,v I 107. ' 2.7. 1 1 i
Bulky Waste Collection(6 yards per pick,•24 yards maxper year) I NIA I $0,70 f$0.01 I $0,02 1 $0.00 € $0.03 I $0.73 i 'NIA
I 1
Percent of j s ant 100 r 04
s
Replace10st/s_olen Trash=or Recycle Cart(Each) S84,11 I $76.90 $2, 0_00 I $0.00 1 $2.64 t $82.54 __
I 1 1. a
Commercial C 1
t -.. - f- Percent of Adjustment I 63% 0_"E -}- - 2 :, I --- _- -
r< First rash Pol,Cart _5 $22.09 I $0.46 I $0.72 80,00 i $1.18 € $23,21 I I
Two Trash(2)R01 Carts I 20 I $41.99 I 80.87 I $1,36 s $0.00 ` $2.23 1 $44.22 I 11146,3 5 I
Each A € t r, After € 9.. 81 0 63 0 € $'03 C I
Knee �. dcl€:€onal Trash €�P u 2r� �€ I ,9.28 I .�O _ € O.v 0.3
Recycle Poly-Cedf I $10.00 I $0.21 1 $0.32 1 30.00 I $0.53 1 St 0.53 1
r -- --- Front Load Cora.Trash Container Services
Percent t straw& 58% I 12':y
i .0% 1 t
2 Cubic Yard Container 1 i I € 1
One time per week I zs 93,71 $53.71 € $1.03 1 $2.09 $0.00 i $3.12 55.63
, Two times per= k S114.8 52.1 5445 [ OOv i 5 .65 1 5123,32
Three r w `- $3.84 37.8= [- $0.00 3t 1.55 $212,44
times fie.week 1 I $200.79 € 3 0223.62
= Four irtee perweek I k 204430 i $280 $5,36 z $10.90 ; $0.00 i $16.26 1 $296- 3
I Five times per wee; $363 62 , Mac 1 3=4..5 I $0.00 1 $21.1: I $384.73 I
} Six tunes per weed 1 $448.41 I $8.58 I 013444 I $0.00 I $26_02 I $4.4.43 '
3 Cubic Yard Container 1 1 I - 1 ? I
? t 7 01 ] 142 2.88 $0.00 .30 $,F8_vt
1 On me week $ 4. 1 5
Two times per €eek I s I $137.90 I $2.64 I $5.36 $0.00 1 $6.0 $145.90 t $145.90
Three times per week ,.; I $218 32 $4.18 . $8.49 I $0.00 I $12.57 1 $230,99
Four times per week I 33173 32 f $302.40 I $5.79 6 I $0.0111 1 $ 7.m 3,
Fie times per week I S4211,11 L $407.65 ; $%80 1 $15,85 I $0.00 1 $23.66 31,31 I I
Six times week cc 11509.77 $484.28 I $9,27 I 318.84 I $0.00 328.11 I $5 i2,39 I S533.351
I 4 Cubic Yard Container I I I I 1
d 1
1 One time per week I 993,52 I $88,94 1 $i.F 0 I $3.46 i $0.00 € $5.15 I $94.f 0 13115111,115
Two times per week n $165 25 $3.18 I $6.47 1 50.00 1 89.65 I $175.90 1 5155.15Three times per week 1 5245`` I $233.1:4 j $4.46 1 $9.07 I $0.00 i 5,..3.5.E I $246,67 I 5259.65
i FOOT times oar week € S341.23 I 8324.64 1 $6,21 I $12.53 $0.00 I 518.84 I $343 40 I S391.53
1 Five trees per week I 3439,93 5417.93 _ 08,00 I $16.26 I 80.00 j $24,26 1 $442.19
x times :r reek z- $518.35 I $9.92 $20.17 1 0.00 's $$30.09 t $548.443573,31
T 1 I I 1
6 Cubic Yard Container 1
1 I t 3 T
t One time oar week I 5139,22 I $100.75 , $1.99 1 $4.04 1 $0.00 $6.03 $108,73
timesTwo e 0_` $19001 $3,64 87.39 $0.30 i $11.03 I __$201,04 I 42
£ Three times per week 23 .Z^ I $268.8w € u.1' $10.38 30.00 i $15:9 -Sv 3
Page 1 of 4
2011CITY of WYLIE Schedule "An
1 City l ' Solid Waste e Collection and RecyclingeI > a � e a
Net to Adjustment ; Adjustment Adjustment Adjustment ;
E 3.30% I 32.42% I 0.00%
Four times-per week i S 386_97 $367 62 : $7 C4 1 $ 4.30 s 8C CC I 421.34 - $388 9
: $ 77,6 ,34 18.50.60 327.73 I Five times per week
o 1 5590 1^€ $11 29 I $22.96 3u.C3. $34.25 $
E Six times per week _ I �_
1 I
3�
8 Cubic Yard Container I , i
limeOne .89 $2.22 $ .5; € $0.00 $6.73 22 82 I
, Y $4.17 $8.49 $0.00 . $12.65 I $230 78 [
F Two times fie,week _ [ � � �215,i 2�
1 Three times per week $300.51 I $5.75 r $ 1.69 ' 80,00 I $17.44 E $3 5 7 95.
12.09 37.89 I 8.33
Four times week a0.9€7 € $23.92 I $438 C°1
Five times ner week 51 =t2` $_9_
$0.00 i $389 $56 ..5
r Six times herwe a $660.06 $12.63 I $25.68 $9.9 £ $38.31 1 $698,37
9 z
b �
_ _cu.Yd.Containers i 1448.110 1 $45.68 f Q.87 $`-'7 ? $0.95 i $2 64 $ 8.24 I
5.61 $0.89 .8 $0.00 j $2.70 9.31
3 Cu.Yd.Containers t `
4 cu.Yd.C tainers ! a2 $8 91 3>.85 I 39.0E $2.76 $59.38 1 I
1 9,85 .95 81.93 t3_t3 s $2.88 1 2.5�
Yam.Containers
Containers '. $50.87 $0.97 61 97 1 $0.00 1 $2.94 $53,61
I
V I $35.47 $9.68 $1.38 1 $0.9=3 $2,06 ; .5.
� �. :d.Containers
d.Containers I 131213 39 1 $36.47 1 $9.70 r $1A2 1 $8.09 [ $2.1° $38.59
':,u ••^ Containers 1 $39.a55 i 337 48 ; $0.72 i $1A8 t 90.06 € $2.98 $39.66
cu.Yd,Containers I $39.51 $0.76 $#.54 I $0.00 , $2.30 1 $41.81 1 942451 I
8 cu.Yd.Containers S u.53 3b'8 $1.58 I 33.93 € $2.36 $42.89 '
1 5
Front Load Com actor Efate r Pick U-t
1 Percent of Adjustment I.1 1. ; 12% 50.E
1 _ _ -
1 5 Cubic Yard 5 9 1 $6b.89 I $0.76 = 323a I 39 u9 t $3.13 `s61.92
i Va I ._ 1 $88.39 ' $0.86 I 32.66 `s $0.00 $3.52 $71.91
8 CL�tC .^rd
: s
Commercial Special Services
Percent of Adjustment 1 1 o 0 I 08t. ,
LEvre _.,,�
I Container Inside. our Side Enclosures Per Pick-Up,t er Container 7 $8.31 I $0.27 $0.00 I $0.00 1 $0;27 $8.56 - t
I Caster-(44 cu.Yd.)Per Pick-up,Per Container $8.�1 [ .2 r 33.8G 1 $G.83 J.2, ! 38,56 I
Locks Per rick U Per Container 3.3i .2 S9, 9 58.98 8Q.2' $8.58
S � r . t € 0-2 F
' PercentAdjustment an, [ 12% 1 _
I Front Load Container Enhance Charge I 375220 i $72.201 -- __- k --- $4.9 -_ 1
Percent of Adjustment € $3 r 9^-- _ �,< r
E
I
E ,e > . a .eta a �=a � 3
I n2 Charge(Dry Run)-weekday _ 2 € 6338.41 I $9 83 $13_-=7 $8 88 € $23.00 $ 5?44
Trip Charge(ply Run)-weekend
! , $366,15 ? $19.63 _ .2 v^.GG $2 .8t $391.72
I �•
€ r _
Percent o=Adjustment ment I 8 € 2%
PerHaul-weekday* 9 2 I 90 12 i $6 1 S $9.89 t $25.22 I
30 Cubic Yard - 519.G 35 E 5.3
- r PerHaul- t $521 a 1 1 S6.5' 327.2 SG.86 326,83 $548.-4
30 Cubic Ord weekend`" t
35 Cubic Yard Per Haul weekday 2 1 $480 12 s 56.15 1 $19.07 I $0.00 I $25.22 t $5 5 3 2
35 Cubic Yard Pers€Ha -weekend i '8643330 1 $521.51 1- $6.54 1 $20.29 0.03 1 $25.83 I $548.34
42 Cubic Yard Per Hau weekday" 1 $ $49E 12 I $6.15 $19.'r 1 $0.00 ' 125.22 1 $515.34
2 Cubic Yard Per Haul-weekend R I 6518 335 I $521. $6.5 323.29 9.40 1 $28.83 1 $ 8 3
Page 2 of 4
2011 -CITY of WYLIE Schedule "
City yue Solid Waste n - Recycling i _.. 1 - 72Gc1 'i t Fuel I Disposal Total 23E '2a'2
I I a o- Ad ust er<t A=�Ius m ,_t A use,=e3= djus:r- . Net e t ..
3.3 °! 32 e2v I v uv c 1
T us Disposal Per Ton if over 8,000 lbfs i r 1 -
cent of Adjustment I 0 I .00% I _ I
Disposal Per Ton i _ 11 $32.46 1 $0.89 I $8.85 $G G6 6.00 $32.4; _
Open To- Relloff Containers
e1 2 v-weeede -367 71 .61 61 .31 1 $0 nO = $.8.92 388 63
Delivers,-weekend,dd I $398.08 $4.99 $€5.49 € $0.00 -I $20.48 i $418 o6
_ Trip Charm(Dry u,)-weekday r $367.71 ' $4.61 I $ 4,3 1 1 $0.00 1 Si 8.92 i $386 3
e �•` I 3 £,J8 $15. 9 6.88 $tu. 8 e
s i
Trip Charge(Dry Run)-weekend [ i $
!
i
- Percent of Adjustment I €
i
Monthly RentaE i I $224.60 ? 1 C QC.ve 7.41 I $232.01 i
20 Cubic Yard Per Haul-weekday x� $479.65 $6.01 $18,66 $0.00 $24,67 1 $50 32
1 20 Cubic l Yard Per weekend --_. _ 5507.85 $511.05 t $6.41 I $19.88 I ---$o.GO 626.29 I $5 t 34
30 Cubic Yard Per Haul-weekday*- I1515.91 $490.12 6 15 1 $19.37 1 $0.00 $25.22 ' $515.34 ,
30 Cubic Yard Per Haul-weekend&` I $5,28.116 I $521.51 I $6.54 I $20.29 $0.00 I $26.83 1 $548.34 i 0577 St5 t
40 Cubic Yard Per Haul-sveko ?. $52 .5, S6.54 S20.29 $0.00 $28.8
40 Cubic Yard Per Haul-weekend« I S58 -` a $552.96 i $6,93 ` 21.51 3 $0,00 I $28.4 I $581 4S 8
1(1 plus Disposal Per.Ton If over 8,000 lb.'s I I
1 1 6
percent of Adjustor t I 0% 0% F c r, I 3
C7ispos i on ! 1`; I $32.40 T $0.00 1 so.so.00 i soma 1 $0.0 1 $32.40
Special Collections
Other Charges 1 S
Returned Checks I 826,31 I $2;.00 $0.00 I $0.30 $0.00 I $0.00 I $25.00
ty
t Solid Waste Removalrvve a € I `sc ;
n facilitiesI € �C _ N,/C C N:C v�'C `�C I
1 .
City Hall,aortaStation, i'e anon en€c Center and other Municipal as needed € ] y"
i Ten(10)thirty(30)yard roll off containersthree(3)doles per year I 'C /C -C 1 -
.,rC
I
for the City of Wylie t be used for annual dean up protect 1 1 €
I
I Curbside collection of Christmas `rees N?C WC T WIC
f .0
o times d� �a a two p ro n tip the v €3cent I 1 ( 1
Pace 3 0T 4
2011 CITY of _ LIE g
1 City_ ��� SolidCollection _ Crt ,el Disposal ram, O
I fet Rate to 1 et Rs.e tc E
iices I '' c� : . A , s fier�,z Adjustment Adjustment o,u st!ile i Vcs-,'n t -
t o 2 2 0
1 1 201012011 1 201 20 2 -
g Waste
- � C� due Disposal '��+� i f
City Elie® S Solid -t {e o i e e t
4 Collection � Aaiustment M ustmeni Aa us ent Adjustmem i CAA,U
Front Load Commercial Trash Container Services
Cubic Yard Container Percent of Adjustment I - % I 12% 1 r ;
One-me{erweer i 657.51 $67.9 I $ .30 I 52.64 $0.00 $3.94 $ 85
Two limes per weak I _.. _1 $ 29.78 $2,48 t $5.05 I $0,00 I $%'.53 1 $13 3
Three times per week € 1 $180.71 1 53 46 $7.03 $8.00 I $10.49 1 5191.20
I- Four ernes per week € $252.16 i $4.83 I $9,81 1 $0.00 1 $14.64 I $266.80 s
Five timesper week I 2 $327.27 1 $6,26 I $12.73 30,00 I $18.99 1 4346,26 1
Six times per weer; _ 540753 $403.57 i $7 72 1 $15.70 MOO I $23.42 I S426,99
3 Cubic Yard Container I a
t
919 8 e 3` $7 9.58 -
� Qn���r��P�rt�i��k s � � 'S �u I 1.44� 3 2. � � 5 .OG i ,
Two times per week i "., $141,60 ? $2.72 - $ .52 I $0.00 8 2HI i $150.14
I Tree times her week ` S $196. 8 , $3.76 I $%. i $0.80 1 $11 48 207 86 1 9207.88 I
.our times per week I 9272 16 1 $272.16 I $5.21 I $10.59 I $0.00 l $ 5,80 1 $287 96 € 9257.96 1
Five times per week I S,, ,, __£ $366.88 $7,02 I $14.27 I $0.00 $2',29 I $388.17
t
S x times per week i ,,,
5 $435.86 € $8.34 I $s6_96 I $0.00 i $25.30 3 S461 16 ! 11411O bi Y ; Container E I I t
One time r week 5 $80.05 I $1.53 i 53. 1 -' $0,00 I 84.64 1 $84 89
Two times ocr week , $149 8 I $2.86 $5.80 I $0.00 1 $8.66 i $157.84 3. 1
1 - Tree times °I $209.33 I 4 02 1 $8.16 I $ .00 I $12.18 I $222.01 Three
1 Four times per week I 5293 $292 1. 1 $5.59 € $11.37 I $0.00
i $16.96 € $309.13 I 66,09.10 I
Five times per week I 67710.;; j $375.68 1 $7 19 i $14.62 i_ $0.00 i $21.81 1 5397.49
i Six times oar week $466.54 i $8.93 I $18.15 I MOO I $27.88 1 3493.62
1 1 1 1
6 cubic Yard Container i I i i ,
i One time ner week $93,39 1 $1.79 3,63 $0.00 1 $5.42 I $98.81 I 988731 1
1 r 1 01 $3 2 t $ 1 $0.00 $9 92 I 180.93
I Two imes per week t �,�'
i Three(tries per week I _ A�20 1$ 60 { $9.34 x $0.00 $£v. $2'�4.09
1
I Four times per week s $330.86 ' $6.33 € $.2.87 [ $0.00 1 $19.20 1 $350.06 ,
I ._ ' t $429.98 $8.23 € $16,73 I $0.00 $24,96 $454.94 I
Five�IiPe�i�er� k
Six times per week 65551 $531.11 1 $10.17 € 620.86 i $0.00 33 .6 1 $561,94 s I
I 1 1 1
i
One time per week i[ 3193631 I $104 31 1 $2.00 I $4.06 I $0.00 $6.06 10 37
Two times per week I 6192,84 I $192.84 I $3,69 i $7.50 1 0.00 $ _19 I $204,03
Three times per week
$270.46 1 $5,18 1 8 8.52 1 $0.00 1 $15.70 286.16 ]
o,t Imes �r week - $37089 i �f 1Ci 8i>°.43 i 8 .uir I 821.a �$392 42�
1 Five times per week I $479.90 I $9.19 I `18.67 I $0.00 i $27.86 i $507.76
$594 05 i 01=.37 $23.11 1 ,0.00 634. 8 6923 5
Six times c� =max
race 4 of 4
Wylir, - Fut,fi4 .:,,,,,,,,,,,i(..:drksheet
Apr, May 4 Apr, May & l•
June of 2010 June of 2011
Week 1 2.978 3.905 Landfill Information
Week 2 3.023 4,001 Landfill Prior 35.00 l
VVeiek.3 3.034 4.033. Current 35,00
Week 4 3,038 4.024. Difference in if
Week 6 3.083 4.060. i•,._,rprcehitassLa0..00%J
Week 6 3.087 4.022'
iWeek 7 3,042 3.996. CPI Information
Week 8 2.977 3.935 CPI May 2009 202.100
Week .9 2.936. 3.884 ' DPI May.20'10 208.794
Week 10, 2.899 3.877 2.010 less 2009 6.68e
Week 11 2.874 3.896 , Percenylge
Week 12 2.908 3.896
Week 13. 2.893 3.834.
.i",,verage 2,984 3..951
Dollar Change 0.967
Percent of Change 32..42%
.. .... ............. . ,
INDEX CHANGE
3.30/0
L
Fuel % 32.42%..I
Disposal %
0.00%.
R/0 Excessive
F/L R/0 Weight Resi Trash Resi Rey
CPI 58% 38% 0% 63% 88%
Fuel 12% 12% 0% 10% '12% •
Disposal, 30% 50.% 100% 27% 0%
100% '100% 100% 100% 100%
aUMMMIIMMICMUMWIIIMIMMal.wilManitinalONU •• •• • • MI • • • •• II • WII.O.M.MIMiaberniMMUMMUMIIIMMII.11111111..
R/O Excessive
Eit, R/0 Weight Resi Trash Resi Rey
CPI 1.91% 1.2.5% 0,00% 2.08% 2.90%
Fuel 3,89% !3.89% 0..00% 3.24% 3,89%
Disposal 0,00% 0.00% 0...00% 0.00% 0.00%
Total 5.80% 5.14% 0.00,%. 5.32% 6..79%
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. . See below for detailed PADDigeographic information.
Ci..A SS 111,I'E D S
Jobs , U.S. East New Centre] Lower ,,,,,,,, ,,,,,,, Cult Rocky
WeSt C il•forn'a
' pa- Average Coast England Mantic Atlantic """Yht- Guard Mountain CoasA 'I '
Equipment 1
, Marketplace 1 )001r y '6/27 3,888 3.014 4.038 4.014 3.860 3.842 3.834 3,885 4.069 4 146
Place Print Line Ad
ENS PA PER 6/20 3.950 3.952 4.077 4,074 3,904 3.904 3.886 3.959 4.156 4.236
Subscribe 6/1 a 3.954 3,908 4.087 4.086 3.905 3.905 3.806 3,988 4.162 4,245 rliiiktalit '/,,;
Group Subscriptions
Renew , ,... ..4 2, 3 I 1 9,Aul
6/6 3.940 3.955 4.106 4.074 3.891 3.889 3.877 4.0'15 4.140 .41.,
1 Q01,410111111;1)))),1014W0
, Olip 110 hriet,
Customer Smice ,
Buy aii Digital Copy ' 1 , 100111,01111011,01,11'r
'Archives 5/30 3.948 3.962 4.121 4.0.82 3.897 3.896 3.884 4.020 4.161 4,2 27
illpillill0
Staff , 5/23 3.997 4.011 4.161 4.138 3.943 3,942 3.935 4.101 4.201 4.287
Contact I.Js
, 91111111,11111111100011111bbiliopiiiiiiiiiiip04
SPOTLIGHT i 5/16 4.061 4.075 4.207 4.210 4.006 4,015 3,996 4.134 4.248 41.371 001111PRIC!Iran*,
riryilpil!,21,1,1,1ffin,,,,,,e, 4,
CSA 8,Drug Te0609 5/9 4404 4.117 4,240 4.241 4.052 4.066 4.022 4 150 4,307 4,459 111111 000111111,7',
HA HIKING'S 1,111,10 „I 10I II noLIHO 1
5/2 4.124 4.128 4,231 4.269 4.069 4.086 4.060 4 156 4.328 4.465 ,k1,1ill't),11,111,4311),M01144'
TT 100
TT Logistics 50 ' I
1 VIIII rem w/14,,,,
LiGHT& iilEDIUIVii 1
4/26 4.098 4.105 4,222 4.236 4,038 4.061 4 024 4,1 34 4.305 4.438
'TRUCK .0,4, V b 1 Lb 110 Eli
Current Issue 1 , 4/18 4.105 4.111 4.212 4,229 4.051 4.058 4.033 4.126 4.310 4,440
I-M.11 100
1 4/11 4.078 4.082 4.154 4.204 4.024 4.040 4.001 4.097 4,306 4.397
ADVEPTISIINIG ' Yoti SMrt
Web IP4i 3.976 3.982 4.100 4,092 3.925 3.932 3.905 4.017 4.209 4,323 1 ,„1or m, ,a'
, 1 n y,
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WPM NA RS 3123 3,932 3.952 4 095 4.001 3,892 3.683 3.85'7 3.969 4,155 4.256
, 41111 A
Archives I 301 3.907' 3.938 4,087 4 046 3 878 3,855 3.841 3.925 4,104 4 1 gp
Sponsorship
3/14 3.906 3.940 4.081 4,061 3 865 3.859 3.842 3.886 4.091 4.'170 *Pr ,81111111,1111,111F" ' 1111,11,1„,'
RESOURCES
ATA Home , 3/7 3.871 3,906 4.046 4,014 3.660 3,823 3.812 3.845 4.046. 4.122
ATA Business
Solutions 1 r
Useful Links 2)28 3.716 3.764 3.903 3.875 3,703 3.661 3.666 3,698 3.892 3.964 1 1111 111 1 11 1 Irrtr
1 it. ii, I 1111.111 '
2721 3.573 3.620 3.769 3.734 3,557 3,517 3.522 3.668 3.720 3.799 1
artettra ices tr,
C°wiring ht Nano'. 1 2/14 3.534 3,687 3,749 3./00 3.824 3,479 3,489 3,.511 3,671 3 747 1
Transport tropics 1 1 rit 99 tlt,[i
content is protected 2/7 3.513 3.565 3.717 3.602 3,501 3.475 3 455 3 A59 3.630 31/07
by U.S.copyright ! 60 Horsepower
law and May no/bc Increase Save 7 MPG,
Used without prier ,
.1 I Easy$ns)1illafion on All
written , 1/31 3.430 3,494 3,633 3.611 3.432 3.399 3.384 3,396 3.533 3.612 Cars
1/24 3,430 3.480 3,609 3.590 3.421 3.3.92 3.382 3.388 3,531 3.602
1/17 3.407 3,448 3,560 3.556 3.392 3371 3 306 3,374 3,509 3.562 . ' 1 en'Is rety,wets I
1 ' 1 ithrisdr et
1/10 3.333 3.364 3,450 3.478 3.308 3.302 3.284 3.334 3,445 3.5'16 , 41,000 Sign On Bonus
' -Dallas Area,Now
113/11 3.331 3,357 3.427 3,470 3.303 3.303 3.279 3.332 3.443 3,607 Fliring tor Regional
Dedicated!
1 I
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TrrWSflUd Topf tine 2010 Df,.).13 Repf oflal Fuel Prices Page 1 o '3
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""11111' 3i 0:4 11'1 i!i!; 1111)01: 1111 \ r
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- or
201 0 it E e 1)les ell up ric s
11,111,3
(See below for detailed PADDigeographic information.)
Pick, he re"r Or t re C e f toe prices,
Date U.S. East New Central Lower Guff Rocky West c,of,
Average Coast England Atlantic Atlantic Mrdwe's't Coast Mountain Coast '°'
r era
12/27 3.294 3.313 3.406 3.428 3.256 3.278 3.226, 3.311 3.405 3.470
12/20 3.248 3.260 3.375 3.381 3.197 3.229 3 183 3.290 3.366 3 407
12/13 3.231 3.248 3 373 3.364 3.187 3.205 3,163 3.285 3.361 3.403
12/6 3.197 3.206 3.3'15 3.328 3.144 3.175 3,132 3.276 3.321 3.352
11/29 3.162 3.166 3.237 3.288 3,108 3.144 3.078 3.272 3.300 3.328
11/22 :3.'17'1 3.172 3.235 3.293 3.115 3.'156 3.087 3.265 3.316 3.340
11/15 3,184 3.187 3.230 3.303 3.133 3.167 3.100 3.278 3.329 3.339
11/8 3.1'16 3.114 3.170 3.225 3.061 3.102 3.030 3.199 3.273 3.279
11/1 3.067 3,063 3.147 3,181 3.005 3.049 2.982 3,141 3.242 3.237
10/25 3.06°7 3.064 3.136 3.180 3.008 3,048 2.985 3.128 3.243 3.229
10/18 3.1073 3.072 3.140 3.188. 3.016 3,063 2.979 3.112 3.249 3.232
10/11 3.066 3.065 3.118 3.178 3.011 3.055 2,982 3.085 3,239 3.215
10/4 3.000 2.997 3,040 3.095 2.952 2.990 2 920 .3.024 3.165 3.179
9/27 2.951 2.946 '3.004 3.034 2.904 2,928 2.883 3.0'14 3.121 3.139
9/20 2.960 2.949 2.997 3.041 2,905 2.944 2.890 3.037 3.120 3.150
9/13 2,943 2932 2.987 3.019 2.890 2.920 2.887 3.031 an 0'1 3.142
9/6 2.931 2.923 2.995 3 007 2.880 2.900 2.876 3.021 3.104 3.145
8/30 2.9.38 2.930 2.99.6 3.020 2.886 2.909 2.888 3,0°19 3.101 3.150
8/23 2.957 2.952 3.009 3.0313 2.910 2 927 2.916 3.016 3 114 3.1"71
8/16 2.979 2.97'7 3.024 3.055 2.940 2,953 2.933 3.011 3.129 3.186
8/9 2.991 3.000 3.027 3.086 2.962 2.960 2.947 2.991 3.124 3.183
8/2 2.928 2.934, 3,009 3.020 2.890 2,900 2,887 2.937 3.071 3.'132
7/26 2.919 2.928 3.014 3.020 2 880 2.89'1 2.875 2.920 3.060 3,125
7/19 2.899 2.913 3.015 3,012 2.861 2.866 2.850 2.902 3.042 3,116
7/12 2,903 2.921 3.017 3,022 2.869 2.865 2.857 2.9'12 3.057 3.123
7/5 2,924 2,944. 3.033 3.055 2.889, 2,890 2.866 2,928 3.077 3.132
6/28 2.956 2.975 3.044 3.091 2.919 2.930 2,893 2.956 3.099 3.147
6/21 2.961 2.974 3.029 3.088 2.921 2,936 2.908 2.980 3.093 3.125
ht tp://www.ttnews omffuelid oeregional20 1 0.ht m 7/5/201 1
Transport op ic 2010 f)0 E Regional Foci Prices Page 2 of 3
6/14 2,928 2.949 3.025 3.067 2.892 2.892 2.874 2.989 3,054 3.068.
6/7 2.946 2,973 3.045 3,090 2,916 2.'904 2.099 3,020 3.058 3.060
5/31 2.980 3.005 3,064 3.'121 2.950 2.940 2,936 3.061 3.082 3.094
5/24 3.021 3.039 3.098 3,165 2.981 2.985 2,977 3.107 3.132 3 162
5/17 3,094 3.109 3.'142 3.232 3.054 3.067 3.042 3.157 3.204 3.238
5/10 3.127 '3.136 3.'164 3.246 3,08'7 3.102 3.087 3.169 3.233 3.269
5/3 3.122 3.127 3.'138 3.238 3.079 3.096 3.083 3.166 3.243 '3.260
4/26 3.078 3,075 3,105 al 86 3 026 3.053 3,038 3.137 3.211 3,227
4/19 3.0'74 3.081 3.103 3.'189 3.033 3.044 3.034 3.109 3.203 3.228
4/12 3.069 3.082 3.086 3.'186 3.037 3,045 3.023 3.082 3.187 3.221
4/5 3.015 3.032 3.054 3.136 22986 2.989 2.978 3.044 3.1'13 3.147
3/29 2,939 2,965 3.029 3.075 2.913 2.910 2.899 2,968 3.027 3.073
3/22 2.946 2.973 3.032 3.079 2.923 2.922 2.904 2.954 3.027 3.072
3/15 2.924 2.948 3.018 3.055 2.895 2.895 2,897 2.923 3,005 3.065
3/8 2.904 2.932 3.015 3.037 2.880 2.8'71 2.873 2.890 3.003 3.057
3/1 2,861 2.902 3.018 3.013 2,844 2.825 2.0'19 2.851 2.956 3.023
2/22 2.832 2.877 3.01'1 2.9.67 2.826 2.794 2.793 2.827 2.918 2.980
2/15 2.756 2.809 2.991 2.905 2.751 2.705 2.718 2.777 2.846 2.902
2/8 2.7(391 2.8'19 3.014 2,920 2.757 2,724 2.729 2.782 2.860 2.920
2/1 2.781 2.832 3.017 2.926 2.775 2.731 2,744 2.797 2.876 2.950
1/25 2.833 2.883 3.055 2.986 2.823 2,790 2.800 2.817 2.915 2.987
1/18 2.870 2.923 3,065 3.023 2.867 2,834 2.831 2,827 Z 947 3.008
1/11 2.879 2.922 3.068 3.026 2.864 2.844 2.846 2,814 2.971 3.032
1/4/10 2.797 2.827 2.935 2.932 2.772 2.771 2.750 2.'746 2.908 2.959
CI 11C k h e re for ):1der pr es.
bout 0 E io. iu al averges:
DOEs regional averages are drawn from its weekly national survey of 350
diesel service centers. The stations are surveyed on Mondays and the
results are reported late that day.
DOE divides the country up into five geographic districts called Petroleum
Administration for Defense Districts (PADD). It also breaks the East Coast
into three subdistricts and treats the state of California as a subdistrict of the
West Coast.
The full geographic breakdown is:
6 The East Coast (PADD 1)comprises New England Subdistrict
IA): Conn., Maine, Mass., N.H., RI., Vt.; Central Atlantic Subdistrict
(PADD 1E3) : Del., D.C., Md., N.J., N.Y., Pa.; and Lower Atlantic
Subdistrict(PADD 1C) : Fla., Ga., N.C., S.C., Va., W.Va.
The Midwest (PADD 2) is Ill., Ind., Iowa, Kan., Ky, Mich, Minn., Mo.,
http://wwwttnewscom/fuel/docregional2010.htm 7/5/2011
litire a u .L4i.1.) r St.atiatic;',t,',
So u flitt3�rt7't 111111101118111,1311003113 Office
,t3t.tittitt.vverSi"... tt,t!ts.n..ttattrit,tty IndittutlitOrat
t:P1 fOri 12,11 Urban CoNsurneiss(CPT.it) 11,11„ City Average, Daiiids-Fort Worthwrind Houston-Galveston-brazoriaii 11011.
(1982-84=2.12.33 332}less othensfidie notecil (133}1111111ptimay)J not uodisteN untie rold-rr34r1ing reienibe day)
1311333/3711.3113.231131., 11212111211331E1113.111.917333. 2111.1111173731712132111113113191.161,17332.1197P11.
I Perdent chiages Insiss Perd;Xta.Mange Index. Percerit change
rilue 12- I- 2- May 12- }1.- 2 May 1.2-
Item fuel group 20111 swath month month 2012 . II Ill month 22111 3nonth month. rhonith
225.904 3.6 0.5 1.1 208.794 2.3 0.9
So•oil aria beverages 22370832 3.31 0.4 0,7 229,319
esiod '226.9'76 3,5 0.32 0,7.224,168 3,4 0.2
Foga et borne 225.356 7 0.5 0,9 203.877 3.8 -OH 0.1. 210.282 5.8 1.3 1.8
3' issw from bongs 2303501 17.2 0.2 0.5 255.772 9.0 0.0
21cutio116 hiuminJoes 226.989 2.0 034 0.6 299.108 -0.3
Housing 218.4831 1..2 0.3 0.31 180.047 0.8 0,6
Sheiter ;250.745 1.1 0.1. 0.2 186.663 (1,3 0,2 0.5 205,853 1,1 Os 0.3
Rent of primary residence.623( 252.393 1.4 0.1 0.1 1(3.9,567 OH 0,5 1.1. 193.929 1.3 0,0 -0,1
Owners°stiouNdient lent of residences II).fyil 258.587 0,9 0.1 0.1 201,610 0.0 0.2 0.4 192.041 1,0 0,1 0.4
Owners'dotheajorat rent of'isdrivary residence Ili) 258.574 0.9 0.1 0.1 201.010 0,0 0,2 OM 192,041 1..0 0.1 0,4
Fuels and utilities 219,956 3,1 1,2 3..5 211,121 -0.2 2.7
Household(merge 193.498 2.9 1,5 1.8 201.019 -1.5 2.,a 3.5 187.940 -233 0,6 0.7
Energy services 1713133,631 193.698 1,.1 1.7 1,8 1971103 -2.0 2.31 3.6 180.890 -2,7 0.0 0.7
Electricity L1.1 195.838 1.8 2.4 2.5 186,1.03 -3,8 1.3 1.3 186.286 0.5 0.7 11.7
((Nifty(piped),oas service 1,84,327 -1.2 -0,5 0,4 21E71318 10.3 2.0,0 20.9 137,781 -23.7 -0,1 •OS
Household furnishings R.cwieratione 125,1 41 -0.7 0,2 03 139,555 5.3 -1.1
Apparel 122.271 1.0 0.0 0..8 116,784 1,8 '1.0
'Pransaortath}n 220.270 13,1 i1,6 1,31 225.591 13.7
Nitrate trunsgortation 215.8'29 13,6 7 31,7 226.0315' 14.0 (1,2
Motor fuel 33E359 36,8 .3,5 11.1•350,171 36,31 2.8 11.3. 338.3180 41.1 3.? 13.1
Gasofine(2211 199es) 336,999 36,9 3.6 1.14 350.047 3661 3.0 11.0. 339.321 41,31 3.6 13.9
florfical care .„399,375 310 NI III 3.61,857 ••2.31 0.0
RI I 3(0 3 113.659 0.0 0.3 0.4 3.328.463 -0.9
Education and COIMTWEaCatiOn 130,000 1,0 0,0 -0,1 136,378 0,0
Other gooris eful•SerACeS 385,476 1,5 -0,2 0,0 353.583 2.5 -1.2
SPECIAL liNDLISE}B(6171-111
Energy 260.370 21.5 2.7 7.4 270.1E2 19.7 2.0 8.3 257.91.9 21.7 2,5 8,5
AB kerns leurs shelter •718,847 6,7 0.6 1.0 219.762 4,6
iht Newts Wes fetal brad oneroy 224.533} 1,5 0.2 0.4 203.1.08 1.3. 310
21211 kerne(1961 333 100) 676.887 654.977
127I URBAN WAGS EARNERS
AND CLERICAL ViRMIKEIES(CPI-E11)
Ail items 272.951 1.1 0.5 1.3 214.038 31.3
'Aill Items(2.962' 100) •661,113 660,022
Footnotes
(1)This inclox series was calcuirstied usin71 a lispsyres Estlirifffois Ail other 103)11 stratum index series viers calculaied uses)<I deumstric means ssilmator.
•(2)index On a Doceinbor 1982.200 base.
(3)"rhis index series was formerly titled C10)3(piped)and electricity.
(1)iridex 0,3a Decanter 19973-100 base.
Nolo:The Consumer Nice Index(CP)).measures chane.es in prices of all goods and services ptirchased,fo r conu smption by urban h e ousholdshe.'T i xes fo nder food at ho is d ,}
and shelter are compiled monthly for Dallas 0-oil Worth and Houston,buili SUrveys,vihich produce the Ali hems Indexer and rrodur components,are complied evour two monde.
These full surveys are published for the odd-numbered months for lffl8s Fort Worth one for the eyeiv numbered fru:mad for Houston.
Souihwest CPI indicators:Ibty1015,15:5,9§,§,
IketU"",to 59111t 3aL...0,;.afa1(.9..,.Sp3(3<s,t3)p3 menu
Schedule'of 1111.831111141161131
(IS. Bureau of lreifer'Statistics I Southrve•st Information Office,Suite 221, 5223 South Groin:Stleet, hellos, IX 75202
}312221.12217.11171.61962 11116031211e1 I-91228503Q0° 1112.31113.5.1.37122,6112.8312.20,3121}7.
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Dat ;es 8.,,Tunis , freIbil'oett one 1 Er onernis it oi()ra3,e,s BOta
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ftp:go.. 2001 L...,r,., 10!, 2011 J
C„)ntiOnS".;
1-linelude graphs.
11',19.rg1JEPTDIA11,11D119170J,A35,
Data extracted on i :June 1.5, 2011 (443:50 PM),
CIFITISUrner Price Index -All tirban ConSunnierS
Set 31e.s ltd: CIJORA.31IC.S/JJO
Not:. SeR S on a 1 ly Ad-jj lI S t ed
DallaS-Fot Worth, TX
Item Cr].] items
Base Period:;. 1982-81J-100
It ownloart. 101),....•xj11:,-,j
3an Fel)`'. I lair !Artr I May ,Jun Jul lAu g I ;i,1ep Oct! Ises' i,Dec :'''''Irtnual , FIALF11,„ UALE2 I
I
2001 I 167.3 I 1.68.9 Ii 169,4 Ls, 171.5 1.72 8I i 171.,5s,III' 170.4 J 168,9 I 171,8
20rI",1;2{ 1706 172,1 ' 172.9 1.72.91 173.2 17373 172,7 1.72..1 1733
2003 1 17101 1.76 1.31 1 176 9 1.7673 , 177,0 ' 175,9 1.76.2; 176.1.1 176,41
7.004 175.7 177,71 1 1'79 1 179,1. . 1.79.71
J79.91 ,
178.7. 17'7.81 .179.6
--,- -
2.0051 111,10.(1 11131,31 1 183.5 181 188 9.31 , — 187.81 184.7 102,01. 1.87.4 200;1"; 188,6 1813.1" 191,21 191,71 192.01 1 :188,4 190.1 1.89,7 1905. .1
1 „ 1
2007. 1.1886890 i 119(1.1.56, 1_192779 1.91,286 1194.847 . 196,465 ; i 193.245. 191.057..„1.95,433
200 V) I 97079 '.198 596 i 12(0 357' 1706 11' ° I 205 883 I 200 0(-3 I I-201 791 200 138 203 16'3 '
s,
009 I 198.623 ! 200.039 199,3.11 I 200,6631 201..802 201.958' ' 200.511, 199 1.91. 201,595 I
201.1)1201,1.06 201.9821 2.02,1.08 1200,217; 2(11.8821 120,1_168 1201..624 2.01„908 201339
2011 ,1 203.199 , 206,967 ! 208,791 ! I,, I 1 I I
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111.(1)://data.,.h1S.p„ovic0,i-lhinistiltveyrnost 6/1 5/201 1
AMENDED AND RESTATED
SOLID WASTE & RECYCLING CONTRACT
BETWEEN
THE CITY OF WYLIE, TEXAS
AND
COMMUNITY WASTE DISPOSAL, L.P.
Effective September 1, 2011
582391.v1
TABLE OF CONTENTS
Page
1.00 GRANT 1
2.00 DEFINITIONS 1
2.01. Bags 1
2.02. Bins 1
2.03. Bulky Waste 1
2.04. Bundle 2
2.05. City 2
2.06. Commercial and Industrial Refuse 2
2.07. Commercial and Industrial Unit 2
2.08. Commodity 2
2.09. Commodity Buyer 2
2.10. Construction Debris 2
2.11. Container 2
2.12. Contractor 2
2.13. Curbside 2
2.14. Dead Animals 2
2.15. Disposal Site 2
2.16. Garbage 2
2.17. Hazardous Waste 3
2.18 Household Hazardous Waste 3
2.19. Holidays 3
2.20. Polycart Container 3
2.21. Producer or customer 3
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2.22. Recyclable Commodities 3
2.23. Refuse. 3
2.24. Residential Refuse 3
2.25. Residential Unit 3
2.26. Rubbish 4
2.27. Stable Matter 4
3.00 SCOPE OF WORK 4
4.00 COLLECTION OPERATION 4
4.01. Service Provided. 4
4.02. Location of Polycart Container Bins, Containers, Bags and Bundles for Collection. 5
5.00 COLLECTION OPERATION 5
5.01. Hours of Operation. 5
5.02. Routes of Collection. 6
5.03. Holidays 6
5.04. Complaints 6
5.05. Collection Equipment 7
5.06. Office 7
5.07. Non-Collection 7
5.08. Interruption of Service 8
5.09. Hauling 8
5.10. Disposal 8
5.11. Emergency Circumstances and Notifications 8
5.12. Point of Contact 9
5.13. Property Damage 9
5.14. Liquidated Damage 9
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6.00 COMPLIANCE WITH THE LAW 9
7.00 EFFECTIVE DATE 9
8.00 NONDISCRIMINATION 10
9.00 INDEMNITY 10
10.00 INDEPENDENT CONTRACTOR 10
11.00 LICENSES AND TAXES 10
12.00 TERM 10
13.00 INSURANCE 11
14.00 BASIS AND METHOD OF PAYMENT 12
14.01. Collection and Disposal Rates. 12
14.02. Rate Adjustments 12
14.03. Contractor to Act as Collector 13
14.04. Delinquent and Closed Accounts. 13
14.05. Contractor Billings to City 13
14.06. New Accounts and Account Changes 13
14.07 Charges for Containers not Returned 13
15.00 OWNERSHIP 14
16.00 CONTRACTOR FEE 14
17.00. RECYLE REVENUE SHARING 14
18.00 BOOKS AND RECORDS 14
19.00 TERMINATION FOR CAUSE 14
20.00 NOTICES 15
21.00 APPROVAL 15
22.00 AMENDMENT 16
23.00 FORCE MAJEURE 16
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24.00 SEVERABILITY 16
25.00 ENTIRE CONTRACT 16
26.00 COUNTERPARTS 16
27.00 VENUE 16
28.00 ORDINANCES 16
29.00 AUTHORITY TO EXECUTE 16
30.00 ASSIGNMENT 17
31.00 SOVEREIGN IMMUNITY 17
32.00 MISCELLANEOUS DRAFTING PROVISIONS 17
33.00 NO THIRD PARTY BENEFICIARIES 17
EXHIBITS "A", "B" AND "C" ATTACHED
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AMENDED AND RESTATED
SOLID WASTE & RECYCLING CONTRACT
THIS AMENDED AND RESTATED SOLID WASTE & RECYCLING CONTRACT (this
"Contract"), made and entered into this 1st day of September, 2011, by and between the City of
Wylie, Texas, a Municipal Corporation of Collin County, Texas, (hereinafter called the "City")
and Community Waste Disposal L.P. , (hereinafter called"Contractor").
WITNESSETH:
WHEREAS, Contractor and City entered into a Solid Waste and Recycling Contract with the
City dated effective September 1, 2008 (the "Original Contract").
WHEREAS, the parties hereto desire to amend Exhibit's "C" and "B" of the Original Contract
and, therefore, this Contract amends and restates the Original Contract.
NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is
understood and agreed by and between the parties hereto as follows:
1.00 GRANT
The City hereby grants to Contractor an exclusive contract to engage in the business of
collecting from the Residential, Commercial (excluding temporary) and Industrial Units
within the corporate limits of the City and disposing of Refuse and Recyclable Materials
and, further, the City hereby grants to Contractor permission to use the public streets,
alleys, easements and thoroughfares within the limits of the City for the purpose of
collection and disposal of Refuse and Recyclable Material, subject to the limitations,
terms and conditions hereinafter specified and contained in this Contract.
2.00 DEFINITIONS
2.01. Bags. Plastic sacks designed to store Refuse with sufficient wall strength
to maintain physical integrity when lifted by the top. Total weight of a bag and its
contents shall not exceed 40 lbs.
2.02. Bins. Metal receptacles designed to be lifted and emptied mechanically
for use only at Commercial and Industrial Units.
2.03. Bulky Waste. Stoves, refrigerators, water tanks, washing machines,
furniture, Construction Debris (generated from the Residential Unit only) and other
waste materials other than Dead Animals, Hazardous Waste, or Stable Matter with
weights or volumes greater than those allowed for the applicable Bins or Polycart
Containers. Customer shall be responsible for the proper removal of refrigerants,
Hazardous Wastes and other hazardous materials from Bulky Wastes and shall
properly tag Bulky Wastes as being free of refrigerants, Hazardous Wastes and other
hazardous material prior to removal by Contractor.
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2.04. Bundle. Tree, shrub and Brush trimmings or newspapers and magazines
securely tied together forming an easily handled package not exceeding four feet in
length, six inches in diameter, or fifty (50)lbs. in weight.
2.05. City. City of Wylie, Texas.
2.06. Commercial and Industrial Refuse. All Bulky Waste, Construction
Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a
Commercial and Industrial Unit.
2.07. Commercial and Industrial Unit. All premises, locations or entities, public
or private, requiring Refuse collection within the corporate limits of the City; but not
a Residential Unit.
2.08. Commodity. Material that can be sold in a spot or future market for
processing and use or reuse.
2.09. Commodity Buyer. A buyer or processor selected by Contractor pursuant
to the Contract Documents, of Recyclable Materials delivered by Contractor.
2.10. Construction Debris. Waste building materials resulting from
construction, remodeling, repair or demolition operations.
2.11. Container. A receptacle for the temporary storage of solid waste.
2.12. Contractor. Community Waste Disposal.
2.13. Curbside. Portion of right-of-way adjacent to paved or traveled City
roadways (including alleys).
2.14. Dead Animals. Animals or portions thereof equal to or greater than 10
pounds in weight, that have expired from any cause, except those slaughtered or
killed for human use.
2.15. Disposal Site. A Refuse depository including but not limited to sanitary
landfills, transfer stations, incinerators and waste processing/separation centers
licensed, permitted or approved by all governmental bodies and agencies having
jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or
Dead Animals for processing or final disposal.
2.16. Garbage. Any and all Dead Animals of less than 10 pounds in weight,
except those slaughtered for human consumption; every accumulation of waste
(animal, vegetable and/or other matter) that results from the preparation, processing,
consumption, dealing in, handling, packing, canning, storage, transportation, decay or
decomposition of meats, fish, fowl, birds, fruits, grains or other, animal or vegetable
matter (including, but not by way of limitation, that used tin cans and other food
containers; and all putrescible or easily decomposable waste animal or vegetable
matter which is likely to attract flies or rodents); except (in all cases) any matter
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included in the definition of Bulky Waste, Construction Debris, Dead Animals,
Hazardous Waste, Rubbish or Stable Matter.
2.17. Hazardous Waste. Waste, in any amount, identified or listed as a
hazardous waste by the administrator of the United States Environmental Protection
Agency under the Federal Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act (42 U.S. C. Section 6901), or appropriate State
agency by or pursuant to Federal or State law, or waste, in any amount, which is
regulated under Federal or State law. For purposes of this Contract, the term
Hazardous Waste shall also include motor, oil, gasoline, paint and paint cans
2.18. Household Hazardous Waste. Wastes from households that would be
hazardous waste, if not specifically excluded by federal regulations, (HHW) are
hazardous wastes contained in consumer products designed and marketed to be used
in households, not in industrial settings. Examples include fluorescent light bulbs,
paints, wood stains, fuels, batteries, corrosive cleaners, pool chlorine and acid and
some pesticides. Examples of other materials that are collected with HHW include
motor oil, oil filters, antifreeze, and latex paint.
2.19. Holidays. The following shall be holidays for the purpose of this
Contract: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
2.20. Polycart Container. A rubber wheeled container, with a maximum
capacity of 95 gallons, designed for automated or semi-automated solid waste
collection systems.
2.21. Producer or customer. An occupant of a Commercial Unit, Industrial Unit
or a Residential Unit who generates Refuse.
2.22. Recyclable Commodities. Material that has been recovered or diverted
from the nonhazardous waste stream for the purposes of reuse, recycling, or
reclamation, including, but not limited to, newspapers (including glossy inserts);
plastic jugs and bottles; aluminum and metal cans; and glass food and beverage
containers.
2.23. Refuse. This term shall refer to Residential Refuse and Bulky Waste,
Construction Debris and Stable Matter generated at a Residential Unit, unless the
context otherwise requires, and Commercial and Industrial Refuse.
2.24. Residential Refuse. All Garbage and Rubbish generated by a Producer at
a Residential Unit.
2.25. Residential Unit. A dwelling within the corporate limits of the City
occupied by a person or group of persons comprising not more than four families. A
Residential Unit shall be deemed occupied when either water or domestic light and
power services are being supplied thereto. A condominium dwelling, whether of
single or multi-level construction, consisting of four or less contiguous or separate
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single-family dwelling units, shall be treated as a Residential Unit, except that each
single-family dwelling within any such Residential Unit shall be billed separately as a
Residential Unit.
2.26. Rubbish. All waste wood, wood products, tree trimmings, grass cuttings,
dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust,
printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and
discarded shoes and boots, combustible waste pulp and other products such as are
used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings,
glass mineral or metallic substances, and any and all other waste materials not
included in the definition of Bulky Waste, Construction Debris, Dead Animals,
Garbage, Hazardous Waste or Stable Matter.
2.27. Stable Matter. All manure and other waste matter normally accumulated
in or about a stable, or any animal, livestock or poultry enclosure, and resulting from
the keeping of animals, poultry or livestock.
3.00 SCOPE OF WORK
The work under this Contract shall consist of all the supervision, materials, equipment,
labor and all other items necessary to complete said work in accordance with these
Contract Documents including the Special Provisions and the Performance Standards. A
copy of said Special Provisions is attached as Exhibit "A" and made a part hereof for all
purposes. A copy of said Performance Standards is attached hereto as Exhibit "B" and
made a part hereof for all purposes.
4.00 COLLECTION OPERATION
4.01. Service Provided.
(a) Contractor shall provide curbside or alley collection service for the collection of
Residential Refuse to each Residential Unit one (1) time per week. Polycart
Containers shall be placed at curbside or alley by the residential customer by 7:00
a.m. on the designated collection day. All Residential Refuse shall fit into the
Polycart Container with the lid closed.
(b) Contractor shall provide curbside or alley collection service for the collection of
Recyclable Materials from each Residential Unit one (1) time per week.
Recycling Containers shall be placed at curbside or alley by the residential
customer by 7:00 a.m. on the designated collection day.
(c) Contractor shall provide Bin collection service for the collection of Commercial
and Industrial Refuse to Commercial and Industrial Units according to individual
agreement. This shall exclude temporary commercial service.
(d) The Contractor shall provide for the special collection from Residential Units of
Bulky Waste, Construction Debris and Stable Matter in accordance with Section
14.01(b). Contractor shall provide transportation of collected Refuse to the
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Disposal Site for disposal, which responsibility is solely that of the Disposal Site
operator.
(e) Contractor shall provide transportation and processing of collected recyclables to
Contractor's Material Recovery Facility.
(f) The work under this Contract does not include the collection and disposal of any
increased volume resulting from a flood, tornado or similar or different Act of
God over which the Contractor has no control. In the event of such a flood
tornado, or other Act of God, the Contractor and the City will negotiate the
payment to be made to the Contractor. Further, if the City and the Contractor
reach such an agreement, then the City shall grant the Contractor variances in
routes and schedules as deemed necessary by the Contractor. Contractor will
provide emergency storm clean up services at a rate of$125.00 per hour per rear
load truck, as need is determined by the City.
4.02. Location of Polycart Containers, Bins, Containers, Recycling Containers,
Bags and Bundles for Collection.
(a) Each Polycart Container, Bag, Recycling Container, Containers and Bundle shall
be placed at curbside for collection. Polycart Containers, Recycling Containers,
Containers Bags and Bundles shall be placed as close to the roadway as
practicable without interfering with or endangering the movement of vehicles or
pedestrians. When construction work is being performed in the right-of way,
Polycart Containers, Containers, Recycling Containers, Bags and Bundles shall be
placed as close as practicable to an access point for the collection vehicle.
Contractor may decline to collect any Polycart Container, Container, Recycling
Container, Bag and Bundle not so placed or any Residential Refuse not contained
in a Polycart Container.
(b) Contractor shall provide Bins for Commercial and Industrial Units whenever
customers request their use. Each Bin shall be placed in an accessible, outside
location on a concrete pad according to individual agreement between Contractor
and the Commercial or Industrial Unit. Contractor may decline to collect Refuse
in Bins not so placed by the customer. Placement of bin and size/construction of
concrete pad shall be such that the front wheels of collection vehicles shall rest
entirely on the pad while bin is lifted and emptied.
5.00 COLLECTION OPERATION
5.01. Hours of Operation.
(a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after
7:00 p.m. on the same day. Exceptions to collection hours shall be affected only
upon the mutual agreement of the City and Contractor, or when Contractor
reasonably determines that an exception is necessary in order to complete
collection on an existing collection route due to unusual circumstances.
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(b) Collection of residential Rubbish and Bulky Waste, and Commercial and
Industrial Refuse shall take place according to individual agreement.
5.02. Routes of Collection.
(a) Residential Unit routes shall be established by the Contractor. Contractor shall
submit a map designating the Residential Unit collection routes to the City for
their approval, which approval shall not be unreasonably withheld. Contractor
shall provide, at its expense, a map of such Residential Unit collection routes in a
brochure to be mailed to each customer affected by a route change at least once
during each calendar year and shall make such brochures continuously available
at City Hall. The published map shall be of such size to clearly show all pertinent
information. The Contractor may, from time to time, propose to City for approval,
changes in routes or days of collection affecting Residential Units, which
approval shall not be unreasonably withheld. Upon City approval of the proposed
changes, Contractor shall promptly give written or published notice to the affected
Residential Units.
(b) Commercial and Industrial Unit collection routes shall be established by the
Contractor at its sole discretion.
5.03. Holidays. Contractor may decide to observe any of the Holidays
mentioned herein, but such decision in no manner relieves Contractor of his
obligation to provide Refuse collection service at Residential Units at least once per
week.
5.04. Complaints. All complaints shall be handled directly by the Contractor.
Each complaint shall be given prompt and courteous attention and be resolved within
seventy-two (72) hours of receiving the complaint. However, in the case of alleged
missed scheduled collections, the Contractor shall investigate, and if such allegations
are verified, shall arrange for the collection of the solid waste the same day if called
in before 12:00 Noon, but not more than twenty-four (24) hours after the initial
complaint was received. Contractor will be responsible for maintaining a log of all
complaints received, and will provide the City with a copy of the log on a monthly
basis.
The log shall indicate at least the following information:
• Name of complainant;
• Date and hour of the complaint; and
• Nature and address of the complaint, and the manner and the date and time of
its resolution.
Contractor shall meet the timeliness requirements of the performance standards set forth
in this Contract at least ninety-eight (98%) of the time, measured on a quarterly basis, or
City shall have the right to terminate this Contract by providing Contractor with at least
thirty (30) days advance written notice of the termination and the effective date thereof.
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Contractor shall continue to provide services under this Contract until the effective date
of termination.
5.05. Collection Equipment. The Contractor, at its sole cost and expense, agrees
to furnish all trucks, equipment, machines, and labor (the "equipment"), which are
reasonably necessary to collect and transport Refuse and/or recyclables from accounts
serviced by the Contractor in accordance with this Contract. The equipment shall be
maintained in a safe and clean working condition throughout the term of the Contract
and any renewal period. The equipment shall be maintained and painted as often as
necessary to preserve and present a well-kept appearance in accordance with normal
industry standards in the Dallas-Fort Worth metropolitan areas. The Contractor shall
clean the equipment on a regular weekly basis or more frequently as may be
necessary to maintain sanitary and safe working conditions. Contractor will ensure
that no fluids leak from contractors equipment onto alleys, streets, sidewalks or
driveways and if such leaks or spills occur contractor will remediate the spill and
repair the equipment to prevent further leaks or spills.
Additionally, the Contractor shall have standby equipment available to regularly
complete the daily routes in the event of equipment failure or excessive volumes of
collection, which it is obligated to collect and transport in connection with this Contract.
The Contractor shall provide the City a list of all identification numbers for collections
vehicles operating in the performance of the Contract. Vehicles not listed will not be
authorized for disposal under this Contract. Vehicular changes, additions, or deletions
shall be made through the City's Public Services Director in writing. Emergency changes,
additions, and deletions may be submitted by telephone and followed up in writing.
5.06. Office. The Contractor shall maintain an office. Such office shall be open
at a minimum, Monday through Friday, 8:00 a.m. until 5:00 p.m. with a qualified
service representative available to personally answer inquiries, as well as a qualified
field supervisor to oversee the daily operations. The office is to include personnel
needed to maintain weekly delivery of new and replacement trash carts and make
repairs when necessary. The telephone number of the Contractor's office will be
widely available to customers. After-hours calls shall be forwarded to a twenty-four
hour message center, with calls responded to, by Contractor personnel, the following
morning or immediately depending on the nature of the call. Contractor shall advise
the City Manager or representative thereof of all emergency service matters.
5.07. Non-Collection. Should a dispute arise between City, Contractor and/or a
customer as to whether Contractor actually failed to make a collection (whether
Contractor missed a pick-up), the decision of the City shall be final, and the
Contractor agrees to abide by said decision.
It is specifically understood and agreed that if the customer fails to timely place a
Container/cart out, maintains improper or inadequate containers for the nature, volume,
or weight of acceptable waste/recycling to be removed from the premises, or places
improper bundles or volumes of waste/recycling for collection, or places hazardous
waste, special waste, or other refuse in violation of this agreement, the Contractor may
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refrain from collecting all or a portion of such refuse that is rendered not collectable due
to any of the aforementioned circumstances. The Contractor shall notify both the City
and the customer of the reason for any such non-collection (unless such non-collection is
due to the customer's failure to timely place the waste/recycling for collection).
Contractor's notice to the customer shall be in writing, attached to the container or the
front door of the residence, and shall indicate the nature of the violation and the
correction required in order that such solid waste may then be collected at the next
regular collection date.
Where a customer notifies the City that acceptable waste/recycling has not been removed
from the residents' premises on the scheduled collection day and where no notice of non-
collection nor a change in collection schedule has been received from the Contractor, the
City shall investigate. If the investigation discloses that the Contractor has failed to
collect acceptable waste/recycling from the subject premises without cause, the
Contractor shall collect same within twenty-four (24) hours after a collection is ordered
by the City, at no additional charge.
5.08. Interruption of Service. In the event that the collection and disposal of
acceptable waste should be interrupted by any reason for more than forty-eight (48)
hours, City shall have the right to make temporary independent arrangements for
purposes of continuing this necessary service to its residents in order to provide and
protect the public health and safety, and Contractor shall pay the City all costs and
expenses associated therewith within ten (10) days of notice of the costs and
expenses. If the interruption of service mentioned above continues for a period of
seventy-two (72) hours and is not the result of a force majeure, then City shall have
the right to terminate this Contract by providing Contractor written notice of the
termination and the effective date thereof.
5.09. Hauling. All Refuse hauled by the Contractor shall be contained, tied or
enclosed so that leaking, spilling or blowing is reasonably prevented.
5.10. Disposal. All Refuse collected for disposal by the Contractor shall be
hauled to a Disposal Site.
5.11. Emergency Circumstances and Notifications. Contractor shall use
whatever means to notify the City Manager or representative thereof of any changes,
due to emergency circumstances, that may require the use of alternative
disposal/recycling facilities/sites. In the event that at some future time, there is no
disposal site available, costs in disposing of said waste may be negotiated by the City
and Contractor in good faith.
The Contractor shall notify, at its sole cost and expense, all producers at residential units
about complaint procedures, rates, regulations, and days for scheduled collection.
5.12. Point of Contact. All dealing, contacts, etc., between the Contractor and
the City shall be directed by the Contractor to the City Manager or his/her designated
representative.
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5.13. Property Damage. The Contractor shall be responsible for the repair of
damage caused by the Contractor's collection equipment. Substantiation of cause
shall be determined by mutual agreement of the City and the Contractor. Within
fifteen (15) days after receipt of a notice of damages, pending substantiation of cause
that shall not be unreasonably delayed, the Contractor shall arrange for satisfactory
repairs. Repairs shall be made within one week of notification unless additional time
is needed to meet repair requirements. Contractor agrees to notify the resident or
business and the City of their course of action and give reasonable timeframe for
completion. This shall include remediating any leaks or spills of motor oil, hydraulic
fluid, gas or other hazardous material onto alleys, streets, sidewalks, drives or yards.
5.14. Liquidated Damage. In the event the Contractor fails to collect solid
waste and recycling within twenty-four (24) hours after an order for collection is
issued by the City pursuant to the third paragraph of Section 5.07 above, such failure
shall constitute an act of non-collection, and the City may assess Contractor a penalty
for each act of non-collection per account, to be withheld by City from payments due
pursuant to Section 14.07 below: for each residential account, Twenty-five dollars
($25.00) and for each commercial account, Fifty dollars ($50.00).
6.00 COMPLIANCE WITH THE LAW
Contractor shall comply with all rules and regulations of the Texas Commission on
Environmental Quality and the Environmental Protection Agency. In this regard,
Contractor shall not be required to collect and dispose of any oil, sludge, fecal material,
or any radioactive, pathological, toxic, acidic, or volatile material, Hazardous Waste, or
other hazardous, medical, non-conforming or improper waste. Should Contractor elect to
dispose of such materials, Contractor shall receive a fee or charge mutually acceptable to
Contractor and the party requesting disposal of such materials. City agrees to pass such
ordinances as are reasonably necessary to effectuate all terms of this Contract. Both
parties and their officers, agents, employees, representatives, contractors and
subcontractors shall abide by and comply with all applicable laws in the performance of
this Contract.
7.00 EFFECTIVE DATE
This Contract shall become, effective upon the execution hereof by all parties and the
continuing performance of Contractor shall be governed by this Solid Waste & Recycling
Contract from and after such date.
8.00 NONDISCRIMINATION
The Contractor shall not discriminate against any person because of race, sex, age, creed,
color, religion, or national origin.
9.00 INDEMNITY
THE CONTRACTOR WILL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE
CITY,ITS OFFICERS,AGENTS,SERVANTS,AND EMPLOYEES FROM AND AGAINST ANY AND
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ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, INJURIES
(INCLUDING DEATH), JUDGMENTS, COSTS, EXPENSES, AND ATTORNEYS'
FEES (INCLUDING ANY ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS
INDEMNITY) (COLLECTIVELY, "CLAIMS") ARISING OUT OF CONTRACTOR'S
PERFORMANCE OF THIS CONTRACT AND DIRECTLY CAUSED BY A WILLFUL,NEGLIGENT
OR GROSSLY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES. CONTRACTOR IS EXPRESSLY REQUIRED TO
DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF
COMPETENT JURISDICTION DETERMINES THAT CITY WITHOUT WAIVING ANY
GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE LIABILITY FOR THE
CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS,
THEN CONTRACTOR IS NOT REQUIRED TO INDEMNIFY OR RELEASE CITY NOR BE LIABLE
FOR DEFENSE OR DEFENSE COSTS OF THE CITY TO THE EXTENT OF THE LIABILITY
APPORTIONED TO THE CITY. THE PARTIES RECOGNIZE THAT NOTHING IN
THIS PARAGRAPH SHALL BE CONSTRUED AS A WAIVER BY THE CITY OF ITS SOVEREIGN
IMMUNITY AND THAT THIS PARAGRAPH DOES NOT CREATE, AND SHALL NOT BE
CONSTRUED AS CREATING,ANY RIGHT ENFORCEABLE BY ANY PERSON NOT A PARTY TO
THIS AGREEMENT.
10.00 INDEPENDENT CONTRACTOR
Contractor is and shall at all times be deemed to be an independent contractor and shall
be wholly responsible for the manner in which it performs the services required of it
under the terms of this contract. Nothing herein contained shall be construed as creating a
relationship of employer and employee, or principal and agent, between City and
contractor or any of Contractor's agents or employees. Contractor assumes exclusively
the responsibility for its acts and the acts of its employees as they relate to the services to
be provided during the course and scope of their employ, except to the extent such
services are performed in accordance with the specific directions of the City. Contractor,
its agents and employees shall not be entitled to any rights or privileges of City
employees and shall not be considered in any manner to be a City employee(s).
11.00 LICENSES AND TAXES
The Contractor shall obtain all licenses and permits (other than the license and permit
granted by the Contract) and promptly pay all taxes required by the City and by the State.
12.00 TERM
This Contract shall be for a term beginning on the effective date pursuant to Section 7
and continuing through September 1, 2013. Thereafter, this Contract may be extended
for an additional five (5) year term upon the written, mutual agreement of the parties,
which either party may refuse to enter in that party's sole discretion.
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13.00 INSURANCE
The Contractor shall at all times during the Contract maintain in full force and effect
Employer's Liability, Workers Compensation, Public Liability and Property Damage
Insurance, including contractual liability coverage for the provisions of Section 9.00. All
insurance shall be by insurers and for policy limits acceptable to the City; and before
commencement of work hereunder the Contractor agrees to furnish to the City certificates
of insurance or other evidence satisfactory to the City to the effect that such insurance has
been procured and is in force. The certificates shall contain the following express
obligations:
"This is to certify that the policies of insurance described herein have been
issued to the insured for which this certificate is executed and are in force
at this time. In the event of cancellation, thirty (30) days prior written
notice will be given the certificate holder."
For the purpose of the Contract, the Contractor shall carry the following types of
insurance in at least the limits specified below:
Workers Compensation Statutory
Employer's Liability $500,000
Bodily Injury Liability $500,000 each occurrence
Except Automobile $1,000,000 aggregate
Automobile Bodily Injury $500,000 each person
Liability $1,000,000 each occurrence
Automobile Property Damage $500,000 each occurrence
Excess Umbrella Liability $1,000,000 each occurrence
As an alternative to the above, Contractor may insure the public liability and property
coverage under a plan of self insurance. Each insurance policy with respect to public
liability insurance may provide for a performance bond in the amount of one hundred
thousand dollars and no cents ($100,000.00) with the result that the Contractor is its own
insurer to the extent the coverage may be provided by the Contractor's parent
corporation. The Contractor agrees to furnish the City with certificates satisfactory to the
City evidencing such plan of self insurance.
The Contractor shall provide the City with thirty (30) days prior written notice of any
change in insurance coverage which would cause Contractor's insurance coverage to be
for amounts less than required by this Contract.
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 11
582391.v1
14.00 BASIS AND METHOD OF PAYMENT
14.01. Collection and Disposal Rates.
(a) The rate for collection services required to be performed pursuant to Sections 4.01
(a), (b) and (c) shall be the rates set forth in Exhibit "C", attached hereto and
made a part hereof subject to adjustment in accordance with Section 14.02, to be
effective September 1, 2008.
(b) For special collection provided by the Contractor pursuant to Section 4.01 (d), the
charges are to be negotiated between the Contractor and Producer prior to
collection. If agreement cannot be reached, the matter may be submitted to the
City for determination of a reasonable fee.
(c) The Refuse collection charges provided by Sections 14.01 (a)-(c) shall include all
disposal costs.
(d) In the event that any commodity collected shall not be marketable for a period of
sixty (60) days or longer, City and Contractor upon mutual agreement, shall
eliminate that commodity from the Recyclable Materials program and this
Contract.
14.02. Rate Adjustments. The rates set forth in the Contract shall remain
effective for the period of one (1) contract year from the effective date of this
Contract. On each anniversary of such date, any or all rates may be increased or
decreased based on the DFW CPI-U, the price of diesel fuel as reported by the
Department of Energy, Energy Information Administration, and the published
disposal costs of the Garland, Texas landfill. (Current Garland Landfill Gate Price =
$35.00 per ton)
At least sixty (60) days prior to the date anniversary each year, the Contractor shall notify
the City of any such proposed rate adjustment, and upon request, provide the supporting
data that is the basis for the rate adjustment. Any justifiable increase or decrease will be
determined by the City.
In addition, the above-defined rates may be adjusted annually by mutual written
agreement between the City and the Contractor in the event of (i) changes in any laws,
ordinances, regulatory requirements or guidelines including changes in construction or
interpretation thereof or change in the manner or method of construction or interpretation
thereof or change in the manner or method of enforcement thereof; (ii) orders,judgments
or directives of any court or governmental body of instrumentality thereof; The
Contractor shall provide the City documents and records in sufficient detail to reasonably
establish the basis to any requested rate adjustment(s) at the time of the request and the
City will act reasonably in determining whether it agrees to any such request for a rate
increase.
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 12
582391.v1
All above-mentioned rate adjustment procedures are agreed to and understood to apply to
any and all services provided to commercial and industrial customers as well as
residential customers.
14.03. Contractor to Act as Collector. The Contractor shall submit statements to
and collect from all Commercial and Industrial Units for services provided by the
Contractor pursuant to Section 4.01(c) (including Shared Dumpsters).
14.04. Delinquent and Closed Accounts.
(a) The Contractor shall discontinue Refuse collection service at any Residential Unit
as set forth in a written notice sent to it by the City. Upon further notification by
the City, the Contractor shall resume Refuse collection on the next regularly
scheduled collection day.
(b) The Contractor shall have the right to discontinue Refuse collection service at any
Commercial and Industrial Unit or Shared Dumpster delinquent in its payments.
14.05. Contractor Billings to City. The Contractor shall bill the City for service
rendered to Residential Units within ten (10) days following the end of the month and
the City shall pay the Contractor on or before the fifteenth (15th) day following the
receipt of the invoice. Such billing and payment shall be based on the price rates and
schedules set forth in this Contract. The Contractor shall be entitled to payment for
services rendered to Residential Units irrespective of whether or not the City collects
from the customer for such service.
14.06. New Accounts and Account Changes. The City shall notify the Contractor
of all new accounts by email or fax (if network non-operational), during working
hours. Residential Polycart Containers and Recycling Containers requested on this
list will be delivered on the resident's move-in day or within three (3) days after the
day of request from the City, whichever is later. Service will begin during the next
regularly scheduled collection day after the delivery of the cart or container. The
Contractor shall notify the City of any account changes in writing on the same day the
account change requests have been implemented.
14.07. Charges for Containers Not Returned. Contractor shall be entitled to
collect a Container Replacement Charge applicable to each Container, Polycart
Container, or Recycling Container, in the amount set forth on Exhibit "C," from any
Terminating Customer (as defined below) who does not return to Contractor (by
pickup by Contractor) each Container, Polycart Container, and Recycling Container
delivered to such customer by or on behalf of Contractor in connection with the
provision of services by Contractor under this Agreement. The City shall use its best
efforts to collect from any Terminating Customer the Container Replacement
Charge(s) set forth on Exhibit"C". All such Container Replacement Charges shall be
paid over to Contractor by the City with the next monthly invoice payment or (upon
termination of this Contract, within thirty (30) days of receipt by the City from the
customer). As used herein, a "Terminating Customer" is a customer whose service
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 13
582391.v1
with Contractor terminates, whether due to the customer's relocation or upon the
termination of this Contract.
Commercial and construction waste containers will be delivered to customers within
twenty-four(24) hours (excluding Sunday) of City notification.
15.00 OWNERSHIP
Title to Refuse, Dead Animals and Recyclable Materials, except special, hazardous or
non-conforming Refuse shall pass to Contractor when placed in Contractor's collection
vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from
the customer's premises, whichever last occurs. Title to special, hazardous or non-
conforming Refuse and to Hazardous Waste shall not pass to Contractor, but shall remain
with the Customer that generated such waste.
16.00 CONTRACTOR FEE
The Contractor shall pay to the City five percent (5%) of all amounts received by the
Contractor for all Commercial and Industrial Refuse collection and disposal services
provided pursuant to this Contract. Such payment shall be made to the City on or before
the 20th day of each month for amounts received by the Contractor for the performance
of services during the immediately preceding month. The Wylie Independent School
District(WISD)is excluded from this franchise fee.
17.00 RECYCLE REVENUE SHARING
Contractor shall remit six dollars and twenty-five cents ($6.25) per ton of recycle material
collected in the City. Recycle revenue will adjust as commodity prices adjust per Exhibit
D. The recycle revenue sharing will be remitted to the City of Wylie.
18.00 BOOKS AND RECORDS
The City and Contractor agree to maintain at their respective places of business adequate
books and records relating to the performance of their respective duties under the
provisions of this Contract and such books and records shall be made available at any
time during business hours for inspection by the other party, at the inspecting party's
expense, upon reasonable advance notice; provided, however, the City may not inspect or
audit any books and records pertaining to the cost of Contractor's operations, except to
the extent pertaining to increases in the fees which may be charged by Contractor under
Section 14.02; but the City may inspect for the purpose of, including but not limited to,
verifying and auditing payments made pursuant to Section 16.00.
19.00 TERMINATION FOR CAUSE
If at any time the Contractor shall fail to substantially perform terms, covenants or
conditions herein set forth, the City shall notify Contractor by registered or certified mail
addressed to the Contractor at the address set forth herein of specific reasons in support
of the City's claim that the Contractor has substantially breached the terms and
provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 14
582391.v1
date of receipt of said notice from City to remedy any failure to perform. Should the City
deem the failure to perform remedied, no hearing shall be held.
Should Contractor fail to remedy its performance, the City, after a hearing described
herein, may terminate this Contract and the rights and privileges granted to Contractor
herein. A notice shall be sent to Contractor no earlier than ten (10) days before a hearing
is scheduled. The notice shall specify the time and place of the hearing and shall include
the specific reasons in support of the City's claim that the Contractor has substantially
breached the terms and provisions of this Contract. Should the City still deem Contractor
to have failed in its performance, said hearing shall be conducted in public by the City
Council of the City and the Contractor shall be allowed to be present and shall be given
opportunity to answer such claims as are set out against it in the aforesaid notice. If, after
said public hearing, the City Council makes a finding that Contractor has failed to
provide adequate refuse collection service for the City, the City Council may, by a
majority vote, terminate this Contract.
20.00 NOTICES
Any notice required or permitted to be delivered hereunder shall be in writing and shall
be deemed to be delivered when deposited in the United States mail, postage prepaid,
certified mail, return receipt requested, addressed to the respective party of the address
set forth below:
If to the City, at: 2000 Highway 78 N
Wylie, Texas 75098
Attn: City Manager
If to the Contractor, at: 2010 California Crossing
Dallas, Texas 75220-2310
Attn: President
or such other addresses as the parties may hereafter specify by written notice delivered in
accordance herewith.
21.00 APPROVAL
This Contract shall not be considered fully executed or binding on the City or the
Contractor until the same shall have been executed by the Contractor, the Mayor and the
City Secretary of the City.
22.00 AMENDMENT
No amendment to this Contract shall be made except upon the written consent of the
parties. No amendment shall be construed to release either party from any obligation
under this Contract except as specifically provided for in such amendment.
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 15
582391.v1
23.00 FORCE MAJEURE
Notwithstanding anything herein to the contrary, Contractor shall not be liable for the
failure, or delay of, performance of its duties if such failure is caused by a catastrophe,
riot, public disturbance, accident, military authority, war, act of terrorism, governmental
order or regulation, fire, act of God or other similar or different contingency beyond the
reasonable control of Contractor.
24.00 SEVERABILITY
In the event that any provision or portion hereof shall be found to be invalid or
unenforceable, then such provision or portion thereof shall be performed in accordance
with the applicable laws. The invalidity or unenforceability of any provision or portion
of this Contract shall not affect the validity or enforceability of any other provision or
portion of this Contract.
25.00 ENTIRE CONTRACT
This Contract constitutes the entire understanding between the parties hereto and cancels
and supersedes all prior negotiations, representations, understandings and agreements,
either written or oral, with respect to the subject matter hereof.
26.00 COUNTERPARTS
This Contract may be executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
27.00 VENUE
This Contract shall be construed under and in accordance with the laws of the State of
Texas and venue shall be in Collin County, Texas.
28.00 ORDINANCES
The Contractor shall conduct Operations under this Contract in compliance with all
applicable ordinances of the City; provided however, the requirements of this Contract
shall govern the obligations of the Contractor where there exists conflicting ordinances of
the City on the subject.
29.00 AUTHORITY TO EXECUTE
The individuals executing this Contract on behalf of the respective parties below
represent to each other and to others that all appropriate and necessary action has been
taken to authorize the individual who is executing this Contract to do so for and on behalf
of the party for which his or her signature appears, that there are no other parties or
entities required to execute this Contract in order for the same to be an authorized and
binding Contract on the party for whom the individual is signing this Contract and that
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 16
582391.v1
each individual affixing his or her signature hereto is authorized to do so, and such
authorization is valid and effective on the date hereof.
30.00 ASSIGNMENT
This Contract shall not be assigned, unless approved by the City Council prior to the
assignment. Notwithstanding the preceding sentence, Contractor my assign its right to
receive payments under this Contract in connection with any lending arrangement of
Contractor or any of its affiliates.
31.00 SOVEREIGN IMMUNITY
The parties agree that the City has not waived its sovereign and/or governmental
immunity by entering into and performing its obligations under this Contract.
32.00 MISCELLANEOUS DRAFTING PROVISIONS
This Contract shall be deemed drafted equally by all parties hereto. The language of all
parts of this Contract shall be construed as a whole according to its fair meaning, and any
presumption or principle that the language herein is to be construed against any party
shall not apply. Headings in this Contract are for the convenience of the parties and are
not intended to be used in construing this document.
33.00 NO THIRD PARTY BENEFICIARIES
Nothing in this Contract shall be construed to create any right or obligation on any third
party not a signatory to this Contract, and the parties do not intend to create any third
party beneficiaries by entering into this Contract.
IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents,
hereto affix our signatures and seals as of the 28th day of September, 2010.
CITY OF WYLIE, TEXAS
A Municipal Corporation of Texas
By:
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 17
582391.v1
COMMUNITY WASTE DISPOSAL L.P.
By:
Greg A. Roemer, President
ATTEST:
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 18
582391.v1
EXHIBIT "A"
SPECIAL PROVISIONS
CITY OF WYLIE, TEXAS
EFFECTIVE SEPTEMBER 1, 2008
City Facilities. Bin collection service for City of Wylie facilities shall be provided at no
charge, with bins to be provided by the Contractor. Contractor will also provide recycle
service for City facilities at no charge.
II. Clean-Up Green-Up Campaign.
A. Contractor shall provide 2 clean up green up events per year. Contractor shall
hold the event within the Wylie City limits at a site agreed upon by the City and
the contractor. The event shall last for eight (8) hours unless a different time
frame is agreed upon by the City and contractor in writing. At the events
contractor will provide residential collection and disposal for:
• Household hazardous waste
• Electronics
• Household metal appliances
• Automotive tires
• Document shredding
Acceptable items are defined by the contractor in the letter dated May 02, 2011
form the contractor to the City of Wylie, offering the clean up green up service to
the City. Any changes to the agreed upon definitions will be mutually agreed
upon by the contractor and the City. The cost for the clean-up green-up events
will be contained in Exhibit C of this contract.
III. Informational Services.
A. Contractor also agrees to support environmental educational opportunities within
the City, as well as other local festivals, events and fundraisers.
B. Contractor agrees to link its website to the City's website in order to make
available solid waste and recycling information and list the City information on
Contractor's web site.
IV. Polycart Containers. Contractor agrees to deliver Polycart Containers to new customers
on the customer's move-in date or within three (3) days after the day of request from the
City, whichever is later. If a Polycart Container must be changed out or repaired,
Contractor will deliver a substitute Polycart Container within one week after the day of
request from the City or customer.
V. Pavement Damage in Alleys.
A. In addition to the obligation created by Section 5.13 of the Contract, Contractor
shall be responsible for the repair of damage to paved surfaces in alleys when
such damage is caused by the Contractor's collection equipment. Substantiation
of cause shall be by mutual agreement of both parties.
B. Within fifteen (15) days after receipt of a notice of damage, pending
substantiation of cause and mutual agreement of both parties as outlined in
Section 26.05(a), the Contractor shall arrange for satisfactory repair of the alley
pavement or repairs, which will be performed by City forces and the City shall be
reimbursed on a time and materials basis. Reimbursement for materials and labor
shall be in the form of a credit on the Contractor's next monthly billing for
Residential collection service.
C. If the parties cannot reach agreement on the above-referenced liability, damage,
or cost of repair; then, the parties agree to submit the matter to non-binding
arbitration in accordance with the arbitration rules of the American Arbitration
Association.
EXHIBIT `B"
PERFORMANCE STANDARDS
CITY OF WYLIE, TEXAS
EFFECTIVE SEPTEMBER 1, 2011
Residential and Commercial Hand Collection
A. Schedule: Once Weekly.
B. Hours of Operation: 7:00 a.m. —7:00 p.m.
C. Placement: Curbside or Alley
D. Approved Containers:
Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All
refuse must fit inside the polycart with the lid closed; nothing outside the polycart
will be collected with the regularly scheduled weekly service. Plastic bags may
be used inside the polycart.
E. Spillage: Any spillage caused by Contractor will be picked up immediately.
Spillage caused by others or by inadequate containers will be the producer's
responsibility.
F. Brush and Bulky Item Collection:
CONTRACTOR will make weekly, brush and bulky collection available to Wylie
residents on a "call as needed" basis with a limit of (6) cubic yards per call and
(24) cubic yards per year, per household. Requests for bulk pickup beyond the
(24) cubic yards per year maximum will be charged to the resident requesting
additional bulk service.
Special collection of brush and bulky items will be made available to Residents at
the rate negotiated between the Contractor and the customer. Residents must call
Contractor's dispatch office to schedule collection.
Approved Containers:
(a) Polycarts
(b) Bundles placed at the curb or alley.
(c) Maximum weight bundle or container is not to exceed that which can be
lifted by two men, weight less than 150 pounds, and not to exceed 4 ft. x
4ft. x 8ft.
G. Commercial Cart Collection
Customers with an average weekly volume exceeding two (2) polycarts twice a
week will be required to use container service unless there are extraordinary
circumstances. Any dispute in average weekly volume will be submitted to City
officials for decision.
H. Clean up Green up:
Contractor will hold to events per year wherein residents are allowed to bring
disposal items to the contractor at a site agreed upon by the City and the
Contractor. The event will last 8 hours unless contractor and City agree, in writing
to shorten the event. Items collected at the event will include; Houshold
II. Residential Recycling
A. Schedule: One (1)time weekly.
B. Hours of Operation: 7:00 a.m. —7:00 p.m.
C. Placement: Curbside or Alley
D. Approved Containers:
1. Recycling 95 gallon Polycart.
III. Commercial Container Collection
A. Container Size Available: 2 cu. yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu.
yd.
B. Schedules Available: Up to five times weekly.
C. Hours of Operation: 7:00 a.m. — to completion or 6:00 a.m. to 7:00 p.m. in non-
residential areas.
D. New Service: A listing will be maintained in the yellow pages. Requests for new
service will be filled within five (5)working days.
E. Extra Collections: If notified by 10:00 a.m. on service day, extra pick up will be
performed that day. After 10:00 a.m., we will attempt to make the pick up that
day. If unable, it will be made the following service day. There is a charge for
extra pickups and refills.
F. Container Maintenance: Containers that have been damaged will be exchanged or
repaired by the contractor.
G. Gates and Enclosures: If a container is located in an enclosure with a gate a fee of
$8.75 per container per pickup will be assessed. This fee does not apply unless the
enclosure does have a Gate.
H. Odor and Insect Control: The customer will be responsible for odor and insect
control in and around containers.
I. Casters: Casters and locks are available on containers at a charge of $8.75 per
container per pickup.
J. Non-Payment: Customers will be notified in writing when thirty (30) days past
due. If unpaid after forty-five (45) days, customer will be notified in writing that
service is being suspended until account is paid in full. A copy will be sent to the
Finance Department and City Code Enforcement.
IV. General
A. Office Hours: 8:00 a.m. — 5:00 p.m. Monday—Friday.
B. Holidays: New Years, Memorial Day, July 4th, Labor Day, Thanksgiving,
Christmas. Pickups scheduled for these days may be omitted by Contractor;
however, refuse collection service at residential units will be performed no less
than once per week.
EXHIBIT "C"
CITY OF WYLIE, TEXAS
EFFECTIVE SEPTEMBER 1, 2011
REFUSE AND RECYCLING SERVICE: SEPTEMBER(2010 Rate)
Residential - Single Family $7.79
Duplex Unity-Per Unit $7.79
Trailer Park-Per Unit $7.79
Additional Polycart Container, Per Unit $3.45
Clean-up Green-up service $.15
COMMERCIAL SERVICE:
Commercial Hand Collection, per 95 gallon polycart
Automated Collection Cost:
Once per week $23.25
Two carts once per week $44.20
Front Load Container Rates
l xwk 2xwk 3 xwk 4xwk 5 xwk 6xwk
2 cu yd $ 53.71 $114.67 $211.36 $294.92 $382.76 $ 472.01
3 cu yd $ 74.01 $137.90 $229.81 $318.32 $429.11 $ 509.77
4 cu yd $ 93.62 $175.00 $245.41 $341.73 $439.39 $ 545.63
6 cu yd $109.22 $200.01 $280.87 $386.97 $502.91 $ 621.17
8 cu yd $121.99 $229.60 $316.33 $433.78 $561.26 $ 694.80
Additional Charges
Additional charge of$8.75 per pick up for containers on Casters
Additional charge of$8.75 per pick up for containers with 4 sided enclosures
Additional charge of$8.75 per pick up for containers with locks
8 cubic yard Cardboard Recycling Container 1 X per week $84.28
8 cubic yard Cardboard Recycling Container 2 X per week $176.74
Front load container exchange charge $ 76.00
Extra Pick Ups
2 cubic yard $48.00
3 cubic yard $49.06
4 cubic yard $50.13
6 cubic yard $52.26
8 cubic yard $53.34
Refills
518736-1
2 cubic yard $37.34
3 cubic yard $38.39
4 cubic yard $39.45
6 cubic yard $41.59
8 cubic yard $42.66
ROLLOFF CHARGES:
20 cubic yard per haul $504.89 (M-F)
30 cubic yard per haul $515.92 (M-F)
40 cubic yard per haul $548.96 (M-F)
Delivery and Exchange $356.22 (M-F)
Daily Container Rental $ 7.89
COMPACTORS:
6 cubic yard compactor haul charge $265.11 (M-F)
8 cubic yard compactor haul charge $297.79 (M-F)
30 cubic yard compactor haul charge $515.92 (M-F)
35 cubic yard compactor haul charge $515.92 (M-F)
42 cubic yard compactor haul charge $515.92 (M-F)
Disposal will be billed at $34.11 per ton; rates based on 4 ton minimum.
Returned check Charge $26.31
COMMERCIAL RATES FOR WYLIE INDEPENDENT SCHOOL DISTRICT
Front Load Container Rates
Size/Pickup 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week
2 Cu Yd $ 67.91 $129.78 $180.71 $252.16 $327.27 $403.57
3 Cu Yd $75.19 $141.90 $196.48 $272.16 $366.88 $435.86
4 Cu Yd $80.05 $149.18 $209.83 $292.17 $375.68 $466.54
6 Cu Yd $93.39 $171.01 $240.15 $330.86 $429.98 $531.11
8 Cu Yd 104.31 $192.84 $270.46 $370.89 $479.90 $594.05
WISD front load rates are net to contractor, does not include billing fee, franchise fee and sales
tax do not apply.
CITY BILLS RESIDENTIAL
COMMUNTY WASTE DISPOSAL BILLS COMMERCIAL & ROLLOFF (Includes 5%
Contractor Fee, excluding WISD)
CITY ACCOUNT #9015397
CONTACT UTILITY BILLING
972.442.8131 -FAX 972.442.8105
518736-1
EXHIBIT "D"
CITY OF WYLIE, TEXAS
EFFECTIVE SEPTEMBER 1, 2008
RECYCLE REBATE REVENUE CALULATIONS:
Total Revenue from the sale of all commodity (collected in the City of Wylie) times (60%)
minus total processing fees.
Example;
Total Revenue from the sale of commodity $243,191.37
City Share of Gross Revenue (60%) $145,914.82
Less total processing fee $131,069.49
Revenue due to the City $ 14,845.33
Current Value= $6.25 per ton.
NOTES
Processing fee will be adjusted annually based on DFW CPIU
Pricing based on March 2008
Component%will be periodically adjusted based on plant actual results.
Per ton value shall not exceed $40.00
518736-1
AMENDED AND RESTATED
SOLID WASTE & RECYCLING CONTRACT
BETWEEN
THE CITY OF WYLIE, TEXAS
AND
COMMUNITY WASTE DISPOSAL, L.P.
Effective September 1, 2011
582391.v1
TABLE OF CONTENTS
Page
1.00 GRANT 1
2.00 DEFINITIONS 1
2.01. Bags 1
2.02. Bins 1
2.03. Bulky Waste 1
2.04. Bundle 2
2.05. City 2
2.06. Commercial and Industrial Refuse 2
2.07. Commercial and Industrial Unit 2
2.08. Commodity 2
2.09. Commodity Buyer 2
2.10. Construction Debris 2
2.11. Container 2
2.12. Contractor 2
2.13. Curbside 2
2.14. Dead Animals 2
2.15. Disposal Site 2
2.16. Garbage 2
2.17. Hazardous Waste 3
2.18 Household Hazardous Waste 3
2.19. Holidays 3
2.20. Polycart Container 3
2.21. Producer or customer 3
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page i
582391.v1
2.22. Recyclable Commodities 3
2.23. Refuse. 3
2.24. Residential Refuse 3
2.25. Residential Unit 3
2.26. Rubbish 4
2.27. Stable Matter 4
3.00 SCOPE OF WORK 4
4.00 COLLECTION OPERATION 4
4.01. Service Provided. 4
4.02. Location of Polycart Container Bins, Containers, Bags and Bundles for Collection. 5
5.00 COLLECTION OPERATION 5
5.01. Hours of Operation. 5
5.02. Routes of Collection. 6
5.03. Holidays 6
5.04. Complaints 6
5.05. Collection Equipment 7
5.06. Office 7
5.07. Non-Collection 7
5.08. Interruption of Service 8
5.09. Hauling 8
5.10. Disposal 8
5.11. Emergency Circumstances and Notifications 8
5.12. Point of Contact 9
5.13. Property Damage 9
5.14. Liquidated Damage 9
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page ii
582391.v1
6.00 COMPLIANCE WITH THE LAW 9
7.00 EFFECTIVE DATE 9
8.00 NONDISCRIMINATION 10
9.00 INDEMNITY 10
10.00 INDEPENDENT CONTRACTOR 10
11.00 LICENSES AND TAXES 10
12.00 TERM 10
13.00 INSURANCE 11
14.00 BASIS AND METHOD OF PAYMENT 12
14.01. Collection and Disposal Rates. 12
14.02. Rate Adjustments 12
14.03. Contractor to Act as Collector 13
14.04. Delinquent and Closed Accounts. 13
14.05. Contractor Billings to City 13
14.06. New Accounts and Account Changes 13
14.07 Charges for Containers not Returned 13
15.00 OWNERSHIP 14
16.00 CONTRACTOR FEE 14
17.00. RECYLE REVENUE SHARING 14
18.00 BOOKS AND RECORDS 14
19.00 TERMINATION FOR CAUSE 14
20.00 NOTICES 15
21.00 APPROVAL 15
22.00 AMENDMENT 16
23.00 FORCE MAJEURE 16
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24.00 SEVERABILITY 16
25.00 ENTIRE CONTRACT 16
26.00 COUNTERPARTS 16
27.00 VENUE 16
28.00 ORDINANCES 16
29.00 AUTHORITY TO EXECUTE 16
30.00 ASSIGNMENT 17
31.00 SOVEREIGN IMMUNITY 17
32.00 MISCELLANEOUS DRAFTING PROVISIONS 17
33.00 NO THIRD PARTY BENEFICIARIES 17
EXHIBITS "A", "B" AND "C" ATTACHED
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AMENDED AND RESTATED
SOLID WASTE & RECYCLING CONTRACT
THIS AMENDED AND RESTATED SOLID WASTE & RECYCLING CONTRACT (this
"Contract"), made and entered into this 1st day of September, 2011, by and between the City of
Wylie, Texas, a Municipal Corporation of Collin County, Texas, (hereinafter called the "City")
and Community Waste Disposal L.P. , (hereinafter called"Contractor").
WITNESSETH:
WHEREAS, Contractor and City entered into a Solid Waste and Recycling Contract with the
City dated effective September 1, 2008 (the "Original Contract").
WHEREAS, the parties hereto desire to amend Exhibit's "C" and "B" of the Original Contract
and, therefore, this Contract amends and restates the Original Contract.
NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is
understood and agreed by and between the parties hereto as follows:
1.00 GRANT
The City hereby grants to Contractor an exclusive contract to engage in the business of
collecting from the Residential, Commercial (excluding temporary) and Industrial Units
within the corporate limits of the City and disposing of Refuse and Recyclable Materials
and, further, the City hereby grants to Contractor permission to use the public streets,
alleys, easements and thoroughfares within the limits of the City for the purpose of
collection and disposal of Refuse and Recyclable Material, subject to the limitations,
terms and conditions hereinafter specified and contained in this Contract.
2.00 DEFINITIONS
2.01. Bags. Plastic sacks designed to store Refuse with sufficient wall strength
to maintain physical integrity when lifted by the top. Total weight of a bag and its
contents shall not exceed 40 lbs.
2.02. Bins. Metal receptacles designed to be lifted and emptied mechanically
for use only at Commercial and Industrial Units.
2.03. Bulky Waste. Stoves, refrigerators, water tanks, washing machines,
furniture, Construction Debris (generated from the Residential Unit only) and other
waste materials other than Dead Animals, Hazardous Waste, or Stable Matter with
weights or volumes greater than those allowed for the applicable Bins or Polycart
Containers. Customer shall be responsible for the proper removal of refrigerants,
Hazardous Wastes and other hazardous materials from Bulky Wastes and shall
properly tag Bulky Wastes as being free of refrigerants, Hazardous Wastes and other
hazardous material prior to removal by Contractor.
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2.04. Bundle. Tree, shrub and Brush trimmings or newspapers and magazines
securely tied together forming an easily handled package not exceeding four feet in
length, six inches in diameter, or fifty (50)lbs. in weight.
2.05. City. City of Wylie, Texas.
2.06. Commercial and Industrial Refuse. All Bulky Waste, Construction
Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a
Commercial and Industrial Unit.
2.07. Commercial and Industrial Unit. All premises, locations or entities, public
or private, requiring Refuse collection within the corporate limits of the City; but not
a Residential Unit.
2.08. Commodity. Material that can be sold in a spot or future market for
processing and use or reuse.
2.09. Commodity Buyer. A buyer or processor selected by Contractor pursuant
to the Contract Documents, of Recyclable Materials delivered by Contractor.
2.10. Construction Debris. Waste building materials resulting from
construction, remodeling, repair or demolition operations.
2.11. Container. A receptacle for the temporary storage of solid waste.
2.12. Contractor. Community Waste Disposal.
2.13. Curbside. Portion of right-of-way adjacent to paved or traveled City
roadways (including alleys).
2.14. Dead Animals. Animals or portions thereof equal to or greater than 10
pounds in weight, that have expired from any cause, except those slaughtered or
killed for human use.
2.15. Disposal Site. A Refuse depository including but not limited to sanitary
landfills, transfer stations, incinerators and waste processing/separation centers
licensed, permitted or approved by all governmental bodies and agencies having
jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or
Dead Animals for processing or final disposal.
2.16. Garbage. Any and all Dead Animals of less than 10 pounds in weight,
except those slaughtered for human consumption; every accumulation of waste
(animal, vegetable and/or other matter) that results from the preparation, processing,
consumption, dealing in, handling, packing, canning, storage, transportation, decay or
decomposition of meats, fish, fowl, birds, fruits, grains or other, animal or vegetable
matter (including, but not by way of limitation, that used tin cans and other food
containers; and all putrescible or easily decomposable waste animal or vegetable
matter which is likely to attract flies or rodents); except (in all cases) any matter
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included in the definition of Bulky Waste, Construction Debris, Dead Animals,
Hazardous Waste, Rubbish or Stable Matter.
2.17. Hazardous Waste. Waste, in any amount, identified or listed as a
hazardous waste by the administrator of the United States Environmental Protection
Agency under the Federal Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act (42 U.S. C. Section 6901), or appropriate State
agency by or pursuant to Federal or State law, or waste, in any amount, which is
regulated under Federal or State law. For purposes of this Contract, the term
Hazardous Waste shall also include motor, oil, gasoline, paint and paint cans
2.18. Household Hazardous Waste. Wastes from households that would be
hazardous waste, if not specifically excluded by federal regulations, (HHW) are
hazardous wastes contained in consumer products designed and marketed to be used
in households, not in industrial settings. Examples include fluorescent light bulbs,
paints, wood stains, fuels, batteries, corrosive cleaners, pool chlorine and acid and
some pesticides. Examples of other materials that are collected with HHW include
motor oil, oil filters, antifreeze, and latex paint.
2.19. Holidays. The following shall be holidays for the purpose of this
Contract: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
2.20. Polycart Container. A rubber wheeled container, with a maximum
capacity of 95 gallons, designed for automated or semi-automated solid waste
collection systems.
2.21. Producer or customer. An occupant of a Commercial Unit, Industrial Unit
or a Residential Unit who generates Refuse.
2.22. Recyclable Commodities. Material that has been recovered or diverted
from the nonhazardous waste stream for the purposes of reuse, recycling, or
reclamation, including, but not limited to, newspapers (including glossy inserts);
plastic jugs and bottles; aluminum and metal cans; and glass food and beverage
containers.
2.23. Refuse. This term shall refer to Residential Refuse and Bulky Waste,
Construction Debris and Stable Matter generated at a Residential Unit, unless the
context otherwise requires, and Commercial and Industrial Refuse.
2.24. Residential Refuse. All Garbage and Rubbish generated by a Producer at
a Residential Unit.
2.25. Residential Unit. A dwelling within the corporate limits of the City
occupied by a person or group of persons comprising not more than four families. A
Residential Unit shall be deemed occupied when either water or domestic light and
power services are being supplied thereto. A condominium dwelling, whether of
single or multi-level construction, consisting of four or less contiguous or separate
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single-family dwelling units, shall be treated as a Residential Unit, except that each
single-family dwelling within any such Residential Unit shall be billed separately as a
Residential Unit.
2.26. Rubbish. All waste wood, wood products, tree trimmings, grass cuttings,
dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust,
printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and
discarded shoes and boots, combustible waste pulp and other products such as are
used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings,
glass mineral or metallic substances, and any and all other waste materials not
included in the definition of Bulky Waste, Construction Debris, Dead Animals,
Garbage, Hazardous Waste or Stable Matter.
2.27. Stable Matter. All manure and other waste matter normally accumulated
in or about a stable, or any animal, livestock or poultry enclosure, and resulting from
the keeping of animals, poultry or livestock.
3.00 SCOPE OF WORK
The work under this Contract shall consist of all the supervision, materials, equipment,
labor and all other items necessary to complete said work in accordance with these
Contract Documents including the Special Provisions and the Performance Standards. A
copy of said Special Provisions is attached as Exhibit "A" and made a part hereof for all
purposes. A copy of said Performance Standards is attached hereto as Exhibit "B" and
made a part hereof for all purposes.
4.00 COLLECTION OPERATION
4.01. Service Provided.
(a) Contractor shall provide curbside or alley collection service for the collection of
Residential Refuse to each Residential Unit one (1) time per week. Polycart
Containers shall be placed at curbside or alley by the residential customer by 7:00
a.m. on the designated collection day. All Residential Refuse shall fit into the
Polycart Container with the lid closed.
(b) Contractor shall provide curbside or alley collection service for the collection of
Recyclable Materials from each Residential Unit one (1) time per week.
Recycling Containers shall be placed at curbside or alley by the residential
customer by 7:00 a.m. on the designated collection day.
(c) Contractor shall provide Bin collection service for the collection of Commercial
and Industrial Refuse to Commercial and Industrial Units according to individual
agreement. This shall exclude temporary commercial service.
(d) The Contractor shall provide for the special collection from Residential Units of
Bulky Waste, Construction Debris and Stable Matter in accordance with Section
14.01(b). Contractor shall provide transportation of collected Refuse to the
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Disposal Site for disposal, which responsibility is solely that of the Disposal Site
operator.
(e) Contractor shall provide transportation and processing of collected recyclables to
Contractor's Material Recovery Facility.
(f) The work under this Contract does not include the collection and disposal of any
increased volume resulting from a flood, tornado or similar or different Act of
God over which the Contractor has no control. In the event of such a flood
tornado, or other Act of God, the Contractor and the City will negotiate the
payment to be made to the Contractor. Further, if the City and the Contractor
reach such an agreement, then the City shall grant the Contractor variances in
routes and schedules as deemed necessary by the Contractor. Contractor will
provide emergency storm clean up services at a rate of$125.00 per hour per rear
load truck, as need is determined by the City.
4.02. Location of Polycart Containers, Bins, Containers, Recycling Containers,
Bags and Bundles for Collection.
(a) Each Polycart Container, Bag, Recycling Container, Containers and Bundle shall
be placed at curbside for collection. Polycart Containers, Recycling Containers,
Containers Bags and Bundles shall be placed as close to the roadway as
practicable without interfering with or endangering the movement of vehicles or
pedestrians. When construction work is being performed in the right-of way,
Polycart Containers, Containers, Recycling Containers, Bags and Bundles shall be
placed as close as practicable to an access point for the collection vehicle.
Contractor may decline to collect any Polycart Container, Container, Recycling
Container, Bag and Bundle not so placed or any Residential Refuse not contained
in a Polycart Container.
(b) Contractor shall provide Bins for Commercial and Industrial Units whenever
customers request their use. Each Bin shall be placed in an accessible, outside
location on a concrete pad according to individual agreement between Contractor
and the Commercial or Industrial Unit. Contractor may decline to collect Refuse
in Bins not so placed by the customer. Placement of bin and size/construction of
concrete pad shall be such that the front wheels of collection vehicles shall rest
entirely on the pad while bin is lifted and emptied.
5.00 COLLECTION OPERATION
5.01. Hours of Operation.
(a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after
7:00 p.m. on the same day. Exceptions to collection hours shall be affected only
upon the mutual agreement of the City and Contractor, or when Contractor
reasonably determines that an exception is necessary in order to complete
collection on an existing collection route due to unusual circumstances.
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(b) Collection of residential Rubbish and Bulky Waste, and Commercial and
Industrial Refuse shall take place according to individual agreement.
5.02. Routes of Collection.
(a) Residential Unit routes shall be established by the Contractor. Contractor shall
submit a map designating the Residential Unit collection routes to the City for
their approval, which approval shall not be unreasonably withheld. Contractor
shall provide, at its expense, a map of such Residential Unit collection routes in a
brochure to be mailed to each customer affected by a route change at least once
during each calendar year and shall make such brochures continuously available
at City Hall. The published map shall be of such size to clearly show all pertinent
information. The Contractor may, from time to time, propose to City for approval,
changes in routes or days of collection affecting Residential Units, which
approval shall not be unreasonably withheld. Upon City approval of the proposed
changes, Contractor shall promptly give written or published notice to the affected
Residential Units.
(b) Commercial and Industrial Unit collection routes shall be established by the
Contractor at its sole discretion.
5.03. Holidays. Contractor may decide to observe any of the Holidays
mentioned herein, but such decision in no manner relieves Contractor of his
obligation to provide Refuse collection service at Residential Units at least once per
week.
5.04. Complaints. All complaints shall be handled directly by the Contractor.
Each complaint shall be given prompt and courteous attention and be resolved within
seventy-two (72) hours of receiving the complaint. However, in the case of alleged
missed scheduled collections, the Contractor shall investigate, and if such allegations
are verified, shall arrange for the collection of the solid waste the same day if called
in before 12:00 Noon, but not more than twenty-four (24) hours after the initial
complaint was received. Contractor will be responsible for maintaining a log of all
complaints received, and will provide the City with a copy of the log on a monthly
basis.
The log shall indicate at least the following information:
• Name of complainant;
• Date and hour of the complaint; and
• Nature and address of the complaint, and the manner and the date and time of
its resolution.
Contractor shall meet the timeliness requirements of the performance standards set forth
in this Contract at least ninety-eight (98%) of the time, measured on a quarterly basis, or
City shall have the right to terminate this Contract by providing Contractor with at least
thirty (30) days advance written notice of the termination and the effective date thereof.
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Contractor shall continue to provide services under this Contract until the effective date
of termination.
5.05. Collection Equipment. The Contractor, at its sole cost and expense, agrees
to furnish all trucks, equipment, machines, and labor (the "equipment"), which are
reasonably necessary to collect and transport Refuse and/or recyclables from accounts
serviced by the Contractor in accordance with this Contract. The equipment shall be
maintained in a safe and clean working condition throughout the term of the Contract
and any renewal period. The equipment shall be maintained and painted as often as
necessary to preserve and present a well-kept appearance in accordance with normal
industry standards in the Dallas-Fort Worth metropolitan areas. The Contractor shall
clean the equipment on a regular weekly basis or more frequently as may be
necessary to maintain sanitary and safe working conditions. Contractor will ensure
that no fluids leak from contractors equipment onto alleys, streets, sidewalks or
driveways and if such leaks or spills occur contractor will remediate the spill and
repair the equipment to prevent further leaks or spills.
Additionally, the Contractor shall have standby equipment available to regularly
complete the daily routes in the event of equipment failure or excessive volumes of
collection, which it is obligated to collect and transport in connection with this Contract.
The Contractor shall provide the City a list of all identification numbers for collections
vehicles operating in the performance of the Contract. Vehicles not listed will not be
authorized for disposal under this Contract. Vehicular changes, additions, or deletions
shall be made through the City's Public Services Director in writing. Emergency changes,
additions, and deletions may be submitted by telephone and followed up in writing.
5.06. Office. The Contractor shall maintain an office. Such office shall be open
at a minimum, Monday through Friday, 8:00 a.m. until 5:00 p.m. with a qualified
service representative available to personally answer inquiries, as well as a qualified
field supervisor to oversee the daily operations. The office is to include personnel
needed to maintain weekly delivery of new and replacement trash carts and make
repairs when necessary. The telephone number of the Contractor's office will be
widely available to customers. After-hours calls shall be forwarded to a twenty-four
hour message center, with calls responded to, by Contractor personnel, the following
morning or immediately depending on the nature of the call. Contractor shall advise
the City Manager or representative thereof of all emergency service matters.
5.07. Non-Collection. Should a dispute arise between City, Contractor and/or a
customer as to whether Contractor actually failed to make a collection (whether
Contractor missed a pick-up), the decision of the City shall be final, and the
Contractor agrees to abide by said decision.
It is specifically understood and agreed that if the customer fails to timely place a
Container/cart out, maintains improper or inadequate containers for the nature, volume,
or weight of acceptable waste/recycling to be removed from the premises, or places
improper bundles or volumes of waste/recycling for collection, or places hazardous
waste, special waste, or other refuse in violation of this agreement, the Contractor may
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refrain from collecting all or a portion of such refuse that is rendered not collectable due
to any of the aforementioned circumstances. The Contractor shall notify both the City
and the customer of the reason for any such non-collection (unless such non-collection is
due to the customer's failure to timely place the waste/recycling for collection).
Contractor's notice to the customer shall be in writing, attached to the container or the
front door of the residence, and shall indicate the nature of the violation and the
correction required in order that such solid waste may then be collected at the next
regular collection date.
Where a customer notifies the City that acceptable waste/recycling has not been removed
from the residents' premises on the scheduled collection day and where no notice of non-
collection nor a change in collection schedule has been received from the Contractor, the
City shall investigate. If the investigation discloses that the Contractor has failed to
collect acceptable waste/recycling from the subject premises without cause, the
Contractor shall collect same within twenty-four (24) hours after a collection is ordered
by the City, at no additional charge.
5.08. Interruption of Service. In the event that the collection and disposal of
acceptable waste should be interrupted by any reason for more than forty-eight (48)
hours, City shall have the right to make temporary independent arrangements for
purposes of continuing this necessary service to its residents in order to provide and
protect the public health and safety, and Contractor shall pay the City all costs and
expenses associated therewith within ten (10) days of notice of the costs and
expenses. If the interruption of service mentioned above continues for a period of
seventy-two (72) hours and is not the result of a force majeure, then City shall have
the right to terminate this Contract by providing Contractor written notice of the
termination and the effective date thereof.
5.09. Hauling. All Refuse hauled by the Contractor shall be contained, tied or
enclosed so that leaking, spilling or blowing is reasonably prevented.
5.10. Disposal. All Refuse collected for disposal by the Contractor shall be
hauled to a Disposal Site.
5.11. Emergency Circumstances and Notifications. Contractor shall use
whatever means to notify the City Manager or representative thereof of any changes,
due to emergency circumstances, that may require the use of alternative
disposal/recycling facilities/sites. In the event that at some future time, there is no
disposal site available, costs in disposing of said waste may be negotiated by the City
and Contractor in good faith.
The Contractor shall notify, at its sole cost and expense, all producers at residential units
about complaint procedures, rates, regulations, and days for scheduled collection.
5.12. Point of Contact. All dealing, contacts, etc., between the Contractor and
the City shall be directed by the Contractor to the City Manager or his/her designated
representative.
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5.13. Property Damage. The Contractor shall be responsible for the repair of
damage caused by the Contractor's collection equipment. Substantiation of cause
shall be determined by mutual agreement of the City and the Contractor. Within
fifteen (15) days after receipt of a notice of damages, pending substantiation of cause
that shall not be unreasonably delayed, the Contractor shall arrange for satisfactory
repairs. Repairs shall be made within one week of notification unless additional time
is needed to meet repair requirements. Contractor agrees to notify the resident or
business and the City of their course of action and give reasonable timeframe for
completion. This shall include remediating any leaks or spills of motor oil, hydraulic
fluid, gas or other hazardous material onto alleys, streets, sidewalks, drives or yards.
5.14. Liquidated Damage. In the event the Contractor fails to collect solid
waste and recycling within twenty-four (24) hours after an order for collection is
issued by the City pursuant to the third paragraph of Section 5.07 above, such failure
shall constitute an act of non-collection, and the City may assess Contractor a penalty
for each act of non-collection per account, to be withheld by City from payments due
pursuant to Section 14.07 below: for each residential account, Twenty-five dollars
($25.00) and for each commercial account, Fifty dollars ($50.00).
6.00 COMPLIANCE WITH THE LAW
Contractor shall comply with all rules and regulations of the Texas Commission on
Environmental Quality and the Environmental Protection Agency. In this regard,
Contractor shall not be required to collect and dispose of any oil, sludge, fecal material,
or any radioactive, pathological, toxic, acidic, or volatile material, Hazardous Waste, or
other hazardous, medical, non-conforming or improper waste. Should Contractor elect to
dispose of such materials, Contractor shall receive a fee or charge mutually acceptable to
Contractor and the party requesting disposal of such materials. City agrees to pass such
ordinances as are reasonably necessary to effectuate all terms of this Contract. Both
parties and their officers, agents, employees, representatives, contractors and
subcontractors shall abide by and comply with all applicable laws in the performance of
this Contract.
7.00 EFFECTIVE DATE
This Contract shall become, effective upon the execution hereof by all parties and the
continuing performance of Contractor shall be governed by this Solid Waste & Recycling
Contract from and after such date.
8.00 NONDISCRIMINATION
The Contractor shall not discriminate against any person because of race, sex, age, creed,
color, religion, or national origin.
9.00 INDEMNITY
THE CONTRACTOR WILL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE
CITY,ITS OFFICERS,AGENTS,SERVANTS,AND EMPLOYEES FROM AND AGAINST ANY AND
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ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, INJURIES
(INCLUDING DEATH), JUDGMENTS, COSTS, EXPENSES, AND ATTORNEYS'
FEES (INCLUDING ANY ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS
INDEMNITY) (COLLECTIVELY, "CLAIMS") ARISING OUT OF CONTRACTOR'S
PERFORMANCE OF THIS CONTRACT AND DIRECTLY CAUSED BY A WILLFUL,NEGLIGENT
OR GROSSLY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES. CONTRACTOR IS EXPRESSLY REQUIRED TO
DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF
COMPETENT JURISDICTION DETERMINES THAT CITY WITHOUT WAIVING ANY
GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE LIABILITY FOR THE
CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS,
THEN CONTRACTOR IS NOT REQUIRED TO INDEMNIFY OR RELEASE CITY NOR BE LIABLE
FOR DEFENSE OR DEFENSE COSTS OF THE CITY TO THE EXTENT OF THE LIABILITY
APPORTIONED TO THE CITY. THE PARTIES RECOGNIZE THAT NOTHING IN
THIS PARAGRAPH SHALL BE CONSTRUED AS A WAIVER BY THE CITY OF ITS SOVEREIGN
IMMUNITY AND THAT THIS PARAGRAPH DOES NOT CREATE, AND SHALL NOT BE
CONSTRUED AS CREATING,ANY RIGHT ENFORCEABLE BY ANY PERSON NOT A PARTY TO
THIS AGREEMENT.
10.00 INDEPENDENT CONTRACTOR
Contractor is and shall at all times be deemed to be an independent contractor and shall
be wholly responsible for the manner in which it performs the services required of it
under the terms of this contract. Nothing herein contained shall be construed as creating a
relationship of employer and employee, or principal and agent, between City and
contractor or any of Contractor's agents or employees. Contractor assumes exclusively
the responsibility for its acts and the acts of its employees as they relate to the services to
be provided during the course and scope of their employ, except to the extent such
services are performed in accordance with the specific directions of the City. Contractor,
its agents and employees shall not be entitled to any rights or privileges of City
employees and shall not be considered in any manner to be a City employee(s).
11.00 LICENSES AND TAXES
The Contractor shall obtain all licenses and permits (other than the license and permit
granted by the Contract) and promptly pay all taxes required by the City and by the State.
12.00 TERM
This Contract shall be for a term beginning on the effective date pursuant to Section 7
and continuing through September 1, 2013. Thereafter, this Contract may be extended
for an additional five (5) year term upon the written, mutual agreement of the parties,
which either party may refuse to enter in that party's sole discretion.
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13.00 INSURANCE
The Contractor shall at all times during the Contract maintain in full force and effect
Employer's Liability, Workers Compensation, Public Liability and Property Damage
Insurance, including contractual liability coverage for the provisions of Section 9.00. All
insurance shall be by insurers and for policy limits acceptable to the City; and before
commencement of work hereunder the Contractor agrees to furnish to the City certificates
of insurance or other evidence satisfactory to the City to the effect that such insurance has
been procured and is in force. The certificates shall contain the following express
obligations:
"This is to certify that the policies of insurance described herein have been
issued to the insured for which this certificate is executed and are in force
at this time. In the event of cancellation, thirty (30) days prior written
notice will be given the certificate holder."
For the purpose of the Contract, the Contractor shall carry the following types of
insurance in at least the limits specified below:
Workers Compensation Statutory
Employer's Liability $500,000
Bodily Injury Liability $500,000 each occurrence
Except Automobile $1,000,000 aggregate
Automobile Bodily Injury $500,000 each person
Liability $1,000,000 each occurrence
Automobile Property Damage $500,000 each occurrence
Excess Umbrella Liability $1,000,000 each occurrence
As an alternative to the above, Contractor may insure the public liability and property
coverage under a plan of self insurance. Each insurance policy with respect to public
liability insurance may provide for a performance bond in the amount of one hundred
thousand dollars and no cents ($100,000.00) with the result that the Contractor is its own
insurer to the extent the coverage may be provided by the Contractor's parent
corporation. The Contractor agrees to furnish the City with certificates satisfactory to the
City evidencing such plan of self insurance.
The Contractor shall provide the City with thirty (30) days prior written notice of any
change in insurance coverage which would cause Contractor's insurance coverage to be
for amounts less than required by this Contract.
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14.00 BASIS AND METHOD OF PAYMENT
14.01. Collection and Disposal Rates.
(a) The rate for collection services required to be performed pursuant to Sections 4.01
(a), (b) and (c) shall be the rates set forth in Exhibit "C", attached hereto and
made a part hereof subject to adjustment in accordance with Section 14.02, to be
effective September 1, 2008.
(b) For special collection provided by the Contractor pursuant to Section 4.01 (d), the
charges are to be negotiated between the Contractor and Producer prior to
collection. If agreement cannot be reached, the matter may be submitted to the
City for determination of a reasonable fee.
(c) The Refuse collection charges provided by Sections 14.01 (a)-(c) shall include all
disposal costs.
(d) In the event that any commodity collected shall not be marketable for a period of
sixty (60) days or longer, City and Contractor upon mutual agreement, shall
eliminate that commodity from the Recyclable Materials program and this
Contract.
14.02. Rate Adjustments. The rates set forth in the Contract shall remain
effective for the period of one (1) contract year from the effective date of this
Contract. On each anniversary of such date, any or all rates may be increased or
decreased based on the DFW CPI-U, the price of diesel fuel as reported by the
Department of Energy, Energy Information Administration, and the published
disposal costs of the Garland, Texas landfill. (Current Garland Landfill Gate Price =
$35.00 per ton)
At least sixty (60) days prior to the date anniversary each year, the Contractor shall notify
the City of any such proposed rate adjustment, and upon request, provide the supporting
data that is the basis for the rate adjustment. Any justifiable increase or decrease will be
determined by the City.
In addition, the above-defined rates may be adjusted annually by mutual written
agreement between the City and the Contractor in the event of (i) changes in any laws,
ordinances, regulatory requirements or guidelines including changes in construction or
interpretation thereof or change in the manner or method of construction or interpretation
thereof or change in the manner or method of enforcement thereof; (ii) orders,judgments
or directives of any court or governmental body of instrumentality thereof; The
Contractor shall provide the City documents and records in sufficient detail to reasonably
establish the basis to any requested rate adjustment(s) at the time of the request and the
City will act reasonably in determining whether it agrees to any such request for a rate
increase.
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 12
582391.v1
All above-mentioned rate adjustment procedures are agreed to and understood to apply to
any and all services provided to commercial and industrial customers as well as
residential customers.
14.03. Contractor to Act as Collector. The Contractor shall submit statements to
and collect from all Commercial and Industrial Units for services provided by the
Contractor pursuant to Section 4.01(c) (including Shared Dumpsters).
14.04. Delinquent and Closed Accounts.
(a) The Contractor shall discontinue Refuse collection service at any Residential Unit
as set forth in a written notice sent to it by the City. Upon further notification by
the City, the Contractor shall resume Refuse collection on the next regularly
scheduled collection day.
(b) The Contractor shall have the right to discontinue Refuse collection service at any
Commercial and Industrial Unit or Shared Dumpster delinquent in its payments.
14.05. Contractor Billings to City. The Contractor shall bill the City for service
rendered to Residential Units within ten (10) days following the end of the month and
the City shall pay the Contractor on or before the fifteenth (15th) day following the
receipt of the invoice. Such billing and payment shall be based on the price rates and
schedules set forth in this Contract. The Contractor shall be entitled to payment for
services rendered to Residential Units irrespective of whether or not the City collects
from the customer for such service.
14.06. New Accounts and Account Changes. The City shall notify the Contractor
of all new accounts by email or fax (if network non-operational), during working
hours. Residential Polycart Containers and Recycling Containers requested on this
list will be delivered on the resident's move-in day or within three (3) days after the
day of request from the City, whichever is later. Service will begin during the next
regularly scheduled collection day after the delivery of the cart or container. The
Contractor shall notify the City of any account changes in writing on the same day the
account change requests have been implemented.
14.07. Charges for Containers Not Returned. Contractor shall be entitled to
collect a Container Replacement Charge applicable to each Container, Polycart
Container, or Recycling Container, in the amount set forth on Exhibit "C," from any
Terminating Customer (as defined below) who does not return to Contractor (by
pickup by Contractor) each Container, Polycart Container, and Recycling Container
delivered to such customer by or on behalf of Contractor in connection with the
provision of services by Contractor under this Agreement. The City shall use its best
efforts to collect from any Terminating Customer the Container Replacement
Charge(s) set forth on Exhibit"C". All such Container Replacement Charges shall be
paid over to Contractor by the City with the next monthly invoice payment or (upon
termination of this Contract, within thirty (30) days of receipt by the City from the
customer). As used herein, a "Terminating Customer" is a customer whose service
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 13
582391.v1
with Contractor terminates, whether due to the customer's relocation or upon the
termination of this Contract.
Commercial and construction waste containers will be delivered to customers within
twenty-four(24) hours (excluding Sunday) of City notification.
15.00 OWNERSHIP
Title to Refuse, Dead Animals and Recyclable Materials, except special, hazardous or
non-conforming Refuse shall pass to Contractor when placed in Contractor's collection
vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from
the customer's premises, whichever last occurs. Title to special, hazardous or non-
conforming Refuse and to Hazardous Waste shall not pass to Contractor, but shall remain
with the Customer that generated such waste.
16.00 CONTRACTOR FEE
The Contractor shall pay to the City five percent (5%) of all amounts received by the
Contractor for all Commercial and Industrial Refuse collection and disposal services
provided pursuant to this Contract. Such payment shall be made to the City on or before
the 20th day of each month for amounts received by the Contractor for the performance
of services during the immediately preceding month. The Wylie Independent School
District(WISD)is excluded from this franchise fee.
17.00 RECYCLE REVENUE SHARING
Contractor shall remit six dollars and twenty-five cents ($6.25) per ton of recycle material
collected in the City. Recycle revenue will adjust as commodity prices adjust per Exhibit
D. The recycle revenue sharing will be remitted to the City of Wylie.
18.00 BOOKS AND RECORDS
The City and Contractor agree to maintain at their respective places of business adequate
books and records relating to the performance of their respective duties under the
provisions of this Contract and such books and records shall be made available at any
time during business hours for inspection by the other party, at the inspecting party's
expense, upon reasonable advance notice; provided, however, the City may not inspect or
audit any books and records pertaining to the cost of Contractor's operations, except to
the extent pertaining to increases in the fees which may be charged by Contractor under
Section 14.02; but the City may inspect for the purpose of, including but not limited to,
verifying and auditing payments made pursuant to Section 16.00.
19.00 TERMINATION FOR CAUSE
If at any time the Contractor shall fail to substantially perform terms, covenants or
conditions herein set forth, the City shall notify Contractor by registered or certified mail
addressed to the Contractor at the address set forth herein of specific reasons in support
of the City's claim that the Contractor has substantially breached the terms and
provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 14
582391.v1
date of receipt of said notice from City to remedy any failure to perform. Should the City
deem the failure to perform remedied, no hearing shall be held.
Should Contractor fail to remedy its performance, the City, after a hearing described
herein, may terminate this Contract and the rights and privileges granted to Contractor
herein. A notice shall be sent to Contractor no earlier than ten (10) days before a hearing
is scheduled. The notice shall specify the time and place of the hearing and shall include
the specific reasons in support of the City's claim that the Contractor has substantially
breached the terms and provisions of this Contract. Should the City still deem Contractor
to have failed in its performance, said hearing shall be conducted in public by the City
Council of the City and the Contractor shall be allowed to be present and shall be given
opportunity to answer such claims as are set out against it in the aforesaid notice. If, after
said public hearing, the City Council makes a finding that Contractor has failed to
provide adequate refuse collection service for the City, the City Council may, by a
majority vote, terminate this Contract.
20.00 NOTICES
Any notice required or permitted to be delivered hereunder shall be in writing and shall
be deemed to be delivered when deposited in the United States mail, postage prepaid,
certified mail, return receipt requested, addressed to the respective party of the address
set forth below:
If to the City, at: 2000 Highway 78 N
Wylie, Texas 75098
Attn: City Manager
If to the Contractor, at: 2010 California Crossing
Dallas, Texas 75220-2310
Attn: President
or such other addresses as the parties may hereafter specify by written notice delivered in
accordance herewith.
21.00 APPROVAL
This Contract shall not be considered fully executed or binding on the City or the
Contractor until the same shall have been executed by the Contractor, the Mayor and the
City Secretary of the City.
22.00 AMENDMENT
No amendment to this Contract shall be made except upon the written consent of the
parties. No amendment shall be construed to release either party from any obligation
under this Contract except as specifically provided for in such amendment.
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 15
582391.v1
23.00 FORCE MAJEURE
Notwithstanding anything herein to the contrary, Contractor shall not be liable for the
failure, or delay of, performance of its duties if such failure is caused by a catastrophe,
riot, public disturbance, accident, military authority, war, act of terrorism, governmental
order or regulation, fire, act of God or other similar or different contingency beyond the
reasonable control of Contractor.
24.00 SEVERABILITY
In the event that any provision or portion hereof shall be found to be invalid or
unenforceable, then such provision or portion thereof shall be performed in accordance
with the applicable laws. The invalidity or unenforceability of any provision or portion
of this Contract shall not affect the validity or enforceability of any other provision or
portion of this Contract.
25.00 ENTIRE CONTRACT
This Contract constitutes the entire understanding between the parties hereto and cancels
and supersedes all prior negotiations, representations, understandings and agreements,
either written or oral, with respect to the subject matter hereof.
26.00 COUNTERPARTS
This Contract may be executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
27.00 VENUE
This Contract shall be construed under and in accordance with the laws of the State of
Texas and venue shall be in Collin County, Texas.
28.00 ORDINANCES
The Contractor shall conduct Operations under this Contract in compliance with all
applicable ordinances of the City; provided however, the requirements of this Contract
shall govern the obligations of the Contractor where there exists conflicting ordinances of
the City on the subject.
29.00 AUTHORITY TO EXECUTE
The individuals executing this Contract on behalf of the respective parties below
represent to each other and to others that all appropriate and necessary action has been
taken to authorize the individual who is executing this Contract to do so for and on behalf
of the party for which his or her signature appears, that there are no other parties or
entities required to execute this Contract in order for the same to be an authorized and
binding Contract on the party for whom the individual is signing this Contract and that
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 16
582391.v1
each individual affixing his or her signature hereto is authorized to do so, and such
authorization is valid and effective on the date hereof.
30.00 ASSIGNMENT
This Contract shall not be assigned, unless approved by the City Council prior to the
assignment. Notwithstanding the preceding sentence, Contractor my assign its right to
receive payments under this Contract in connection with any lending arrangement of
Contractor or any of its affiliates.
31.00 SOVEREIGN IMMUNITY
The parties agree that the City has not waived its sovereign and/or governmental
immunity by entering into and performing its obligations under this Contract.
32.00 MISCELLANEOUS DRAFTING PROVISIONS
This Contract shall be deemed drafted equally by all parties hereto. The language of all
parts of this Contract shall be construed as a whole according to its fair meaning, and any
presumption or principle that the language herein is to be construed against any party
shall not apply. Headings in this Contract are for the convenience of the parties and are
not intended to be used in construing this document.
33.00 NO THIRD PARTY BENEFICIARIES
Nothing in this Contract shall be construed to create any right or obligation on any third
party not a signatory to this Contract, and the parties do not intend to create any third
party beneficiaries by entering into this Contract.
IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents,
hereto affix our signatures and seals as of the 28th day of September, 2010.
CITY OF WYLIE, TEXAS
A Municipal Corporation of Texas
By:
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 17
582391.v1
COMMUNITY WASTE DISPOSAL L.P.
By:
Greg A. Roemer, President
ATTEST:
Amended and Restated Solid Waste&Recycling
Contract(Community Waste Disposal,L.P.—rate amendment) Page 18
582391.v1
EXHIBIT "A"
SPECIAL PROVISIONS
CITY OF WYLIE, TEXAS
EFFECTIVE SEPTEMBER 1, 2008
City Facilities. Bin collection service for City of Wylie facilities shall be provided at no
charge, with bins to be provided by the Contractor. Contractor will also provide recycle
service for City facilities at no charge.
II. Clean-Up Green-Up Campaign.
A. Contractor shall provide 2 clean up green up events per year. Contractor shall
hold the event within the Wylie City limits at a site agreed upon by the City and
the contractor. The event shall last for eight (8) hours unless a different time
frame is agreed upon by the City and contractor in writing. At the events
contractor will provide residential collection and disposal for:
• Household hazardous waste
• Electronics
• Household metal appliances
• Automotive tires
• Document shredding
Acceptable items are defined by the contractor in the letter dated May 02, 2011
form the contractor to the City of Wylie, offering the clean up green up service to
the City. Any changes to the agreed upon definitions will be mutually agreed
upon by the contractor and the City. The cost for the clean-up green-up events
will be contained in Exhibit C of this contract.
III. Informational Services.
A. Contractor also agrees to support environmental educational opportunities within
the City, as well as other local festivals, events and fundraisers.
B. Contractor agrees to link its website to the City's website in order to make
available solid waste and recycling information and list the City information on
Contractor's web site.
IV. Polycart Containers. Contractor agrees to deliver Polycart Containers to new customers
on the customer's move-in date or within three (3) days after the day of request from the
City, whichever is later. If a Polycart Container must be changed out or repaired,
Contractor will deliver a substitute Polycart Container within one week after the day of
request from the City or customer.
V. Pavement Damage in Alleys.
A. In addition to the obligation created by Section 5.13 of the Contract, Contractor
shall be responsible for the repair of damage to paved surfaces in alleys when
such damage is caused by the Contractor's collection equipment. Substantiation
of cause shall be by mutual agreement of both parties.
B. Within fifteen (15) days after receipt of a notice of damage, pending
substantiation of cause and mutual agreement of both parties as outlined in
Section 26.05(a), the Contractor shall arrange for satisfactory repair of the alley
pavement or repairs, which will be performed by City forces and the City shall be
reimbursed on a time and materials basis. Reimbursement for materials and labor
shall be in the form of a credit on the Contractor's next monthly billing for
Residential collection service.
C. If the parties cannot reach agreement on the above-referenced liability, damage,
or cost of repair; then, the parties agree to submit the matter to non-binding
arbitration in accordance with the arbitration rules of the American Arbitration
Association.
EXHIBIT `B"
PERFORMANCE STANDARDS
CITY OF WYLIE, TEXAS
EFFECTIVE SEPTEMBER 1, 2011
Residential and Commercial Hand Collection
A. Schedule: Once Weekly.
B. Hours of Operation: 7:00 a.m. —7:00 p.m.
C. Placement: Curbside or Alley
D. Approved Containers:
Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All
refuse must fit inside the polycart with the lid closed; nothing outside the polycart
will be collected with the regularly scheduled weekly service. Plastic bags may
be used inside the polycart.
E. Spillage: Any spillage caused by Contractor will be picked up immediately.
Spillage caused by others or by inadequate containers will be the producer's
responsibility.
F. Brush and Bulky Item Collection:
CONTRACTOR will make weekly, brush and bulky collection available to Wylie
residents on a "call as needed" basis with a limit of (6) cubic yards per call and
(24) cubic yards per year, per household. Requests for bulk pickup beyond the
(24) cubic yards per year maximum will be charged to the resident requesting
additional bulk service.
Special collection of brush and bulky items will be made available to Residents at
the rate negotiated between the Contractor and the customer. Residents must call
Contractor's dispatch office to schedule collection.
Approved Containers:
(a) Polycarts
(b) Bundles placed at the curb or alley.
(c) Maximum weight bundle or container is not to exceed that which can be
lifted by two men, weight less than 150 pounds, and not to exceed 4 ft. x
4ft. x 8ft.
G. Commercial Cart Collection
Customers with an average weekly volume exceeding two (2) polycarts twice a
week will be required to use container service unless there are extraordinary
circumstances. Any dispute in average weekly volume will be submitted to City
officials for decision.
H. Clean up Green up:
Contractor will hold to events per year wherein residents are allowed to bring
disposal items to the contractor at a site agreed upon by the City and the
Contractor. The event will last 8 hours unless contractor and City agree, in writing
to shorten the event. Items collected at the event will include; Houshold
II. Residential Recycling
A. Schedule: One (1)time weekly.
B. Hours of Operation: 7:00 a.m. —7:00 p.m.
C. Placement: Curbside or Alley
D. Approved Containers:
1. Recycling 95 gallon Polycart.
III. Commercial Container Collection
A. Container Size Available: 2 cu. yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu.
yd.
B. Schedules Available: Up to five times weekly.
C. Hours of Operation: 7:00 a.m. — to completion or 6:00 a.m. to 7:00 p.m. in non-
residential areas.
D. New Service: A listing will be maintained in the yellow pages. Requests for new
service will be filled within five (5)working days.
E. Extra Collections: If notified by 10:00 a.m. on service day, extra pick up will be
performed that day. After 10:00 a.m., we will attempt to make the pick up that
day. If unable, it will be made the following service day. There is a charge for
extra pickups and refills.
F. Container Maintenance: Containers that have been damaged will be exchanged or
repaired by the contractor.
G. Gates and Enclosures: If a container is located in an enclosure with a gate a fee of
$8.75 per container per pickup will be assessed. This fee does not apply unless the
enclosure does have a Gate.
H. Odor and Insect Control: The customer will be responsible for odor and insect
control in and around containers.
I. Casters: Casters and locks are available on containers at a charge of $8.75 per
container per pickup.
J. Non-Payment: Customers will be notified in writing when thirty (30) days past
due. If unpaid after forty-five (45) days, customer will be notified in writing that
service is being suspended until account is paid in full. A copy will be sent to the
Finance Department and City Code Enforcement.
IV. General
A. Office Hours: 8:00 a.m. — 5:00 p.m. Monday—Friday.
B. Holidays: New Years, Memorial Day, July 4th, Labor Day, Thanksgiving,
Christmas. Pickups scheduled for these days may be omitted by Contractor;
however, refuse collection service at residential units will be performed no less
than once per week.
EXHIBIT "C"
CITY OF WYLIE, TEXAS
EFFECTIVE SEPTEMBER 1, 2011
REFUSE AND RECYCLING SERVICE: SEPTEMBER(2010 Rate)
Residential - Single Family $8.23
Duplex Unity-Per Unit $8.23
Trailer Park-Per Unit $8.23
Additional Polycart Container, Per Unit $3.63
Clean-up Green-up service $.15
COMMERCIAL SERVICE:
Commercial Hand Collection, per 95 gallon polycart
Automated Collection Cost:
Once per week $23.25
Two carts once per week $44.20
Front Load Container Rates
l xwk 2xwk 3 xwk 4xwk 5 xwk 6xwk
2 cu yd $ 53.71 $114.67 $211.36 $294.92 $382.76 $ 472.01
3 cu yd $ 74.01 $137.90 $229.81 $318.32 $429.11 $ 509.77
4 cu yd $ 93.62 $175.00 $245.41 $341.73 $439.39 $ 545.63
6 cu yd $109.22 $200.01 $280.87 $386.97 $502.91 $ 621.17
8 cu yd $121.99 $229.60 $316.33 $433.78 $561.26 $ 694.80
Additional Charges
Additional charge of$8.75 per pick up for containers on Casters
Additional charge of$8.75 per pick up for containers with 4 sided enclosures
Additional charge of$8.75 per pick up for containers with locks
8 cubic yard Cardboard Recycling Container 1 X per week $84.28
8 cubic yard Cardboard Recycling Container 2 X per week $176.74
Front load container exchange charge $ 76.00
Extra Pick Ups
2 cubic yard $48.00
3 cubic yard $49.06
4 cubic yard $50.13
6 cubic yard $52.26
8 cubic yard $53.34
Refills
518736-1
2 cubic yard $37.34
3 cubic yard $38.39
4 cubic yard $39.45
6 cubic yard $41.59
8 cubic yard $42.66
ROLLOFF CHARGES:
20 cubic yard per haul $504.89 (M-F)
30 cubic yard per haul $515.92 (M-F)
40 cubic yard per haul $548.96 (M-F)
Delivery and Exchange $356.22 (M-F)
Daily Container Rental $ 7.89
COMPACTORS:
6 cubic yard compactor haul charge $265.11 (M-F)
8 cubic yard compactor haul charge $297.79 (M-F)
30 cubic yard compactor haul charge $515.92 (M-F)
35 cubic yard compactor haul charge $515.92 (M-F)
42 cubic yard compactor haul charge $515.92 (M-F)
Disposal will be billed at $34.11 per ton; rates based on 4 ton minimum.
Returned check Charge $26.31
COMMERCIAL RATES FOR WYLIE INDEPENDENT SCHOOL DISTRICT
Front Load Container Rates
Size/Pickup 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week
2 Cu Yd $ 67.91 $129.78 $180.71 $252.16 $327.27 $403.57
3 Cu Yd $75.19 $141.90 $196.48 $272.16 $366.88 $435.86
4 Cu Yd $80.05 $149.18 $209.83 $292.17 $375.68 $466.54
6 Cu Yd $93.39 $171.01 $240.15 $330.86 $429.98 $531.11
8 Cu Yd 104.31 $192.84 $270.46 $370.89 $479.90 $594.05
WISD front load rates are net to contractor, does not include billing fee, franchise fee and sales
tax do not apply.
CITY BILLS RESIDENTIAL
COMMUNTY WASTE DISPOSAL BILLS COMMERCIAL & ROLLOFF (Includes 5%
Contractor Fee, excluding WISD)
CITY ACCOUNT #9015397
CONTACT UTILITY BILLING
972.442.8131 -FAX 972.442.8105
518736-1
EXHIBIT "D"
CITY OF WYLIE, TEXAS
EFFECTIVE SEPTEMBER 1, 2008
RECYCLE REBATE REVENUE CALULATIONS:
Total Revenue from the sale of all commodity (collected in the City of Wylie) times (60%)
minus total processing fees.
Example;
Total Revenue from the sale of commodity $243,191.37
City Share of Gross Revenue (60%) $145,914.82
Less total processing fee $131,069.49
Revenue due to the City $ 14,845.33
Current Value= $6.25 per ton.
NOTES
Processing fee will be adjusted annually based on DFW CPIU
Pricing based on March 2008
Component%will be periodically adjusted based on plant actual results.
Per ton value shall not exceed $40.00
518736-1
7/: Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: 8-8-11 Item Number: 4.
Department: WEDC (City Secretary's Use Only)
Prepared By: Sam Satterwhite Account Code:
Date Prepared: 8-1-11 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, authorizing the Wylie Economic Development Corporation to construct parking
improvements on private property to benefit the downtown Wylie commercial district.
Recommendation
Motion to approve the Wylie Economic Development Corporation to construct parking improvements on
private property to benefit the downtown Wylie commercial district.
Discussion
Prior to consideration of this paving project, the Wylie Economic Development Corporation (WEDC) had
attempted to purchase 0.198 acre from the Wylie First Baptist Church (FBC) to facilitate downtown
redevelopment and facilitate increased parking to benefit downtown businesses and Olde City Park. The area in
question is located across Ballard Street from Olde City Park, adjacent to and south of Boyd Recording Studio.
An attachment to this memo depicts the property more specifically.
While the WEDC was unsuccessful in its attempt to purchase the property due to FBC policy issues, a scenario
has been identified by which increased parking for Olde City Park and downtown businesses can be
accomplished. The WEDC has discussed this issue in concept with FBC to construct the parking improvements
(±35 spaces) on the above referenced site, put in place a shared parking agreement with the FBC under which
public parking is unrestricted, and with the WEDC to be reimbursed a portion or all of its expenses should the
FBC sell the property or after a predetermined number of years pass.
As a framework for discussion assuming the WEDC funds the improvements, the WEDC will be reimbursed
100% should the FBC sell the property within a 10 year period. Should the 10 year period expire with no sale,
FBC reimburses the WEDC 50 — 75% of its costs with no expiration date for the shared parking agreement.
Further, staff envisions angled, head-in parking with one-way traffic exiting into and through the existing FBC
parking lot. Finally, the WEDC will be responsible for directional and public parking signage with FBC
responsible for all maintenance.
Due to the uncommon scenario of providing public improvements on private property, the WEDC Board of
Directors has sought input from the Parks and Recreation Board, Downtown Merchants Association, and now
the Wylie City Council prior to making a final determination as to the viability of the project.
Page 1 of 1
The Parks Board unanimously supported the project but suggested specific attention be paid to cross walk
directional signage so that individuals would be deterred from crossing directly across Ballard Street to Olde
City Park. The Merchants Association also unanimously supported the project. Staff and Board members
presenting the concept to both groups were very clear regarding the unusual nature of this project relating to
public improvements on private property and that the Board would heavily weigh Council's input.
Approved By
Initial Date
Department Director SS 8-1-11
City Manager IMM /'1tl../'� '�
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Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: August 9, 2011 Item Number: 5.
Department: City Manager (City Secretary's Use Only)
Prepared By: Mindy Manson Account Code: N/A
Date Prepared: August 2, 2011 Budgeted Amount: N/A
Exhibits: 2
Subject
Consider, and act upon, Ordinance No. 2011-17 approving a negotiated resolution between the Atmos Cities
Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's fourth annual rate
review mechanism filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable;
adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be
set by the attached tariffs to be just and reasonable; requiring the company to reimburse cities' reasonable
ratemaking expenses; repealing conflicting resolutions or ordinances; determining that this ordinance was
passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause;
declaring an effective date; and requiring delivery of this Ordinance to the company and the Steering
Committee's le:al counsel.
Recommendation
Motion to approve Ordinance No. 2011-17 approving a negotiated resolution between the Atmos Cities Steering
Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's fourth annual rate review
mechanism filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable;
adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be
set by the attached tariffs to be just and reasonable; requiring the company to reimburse cities' reasonable
ratemaking expenses; repealing conflicting resolutions or ordinances; determining that this ordinance was
passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause;
declaring an effective date; and requiring delivery of this Ordinance to the company and the Steering
Committee's le:al counsel.
Discussion
The City, along with approximately 154 other cities served by Atmos Energy Mid-Tex Division
("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or
"Steering Committee"). On or about April 1, 2011, Atmos Mid-Tex filed with the City an application to
increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City as part
of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. This is the fourth annual
RRM filing.
The Atmos Mid-Tex RRM filing sought a $15.7 million rate increase. The City worked with ACSC to
analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The
Ordinance and attached rate and RRM tariffs are the result of negotiations between ACSC and the Company to
resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The Ordinance
resolves the Company's RRM filing by authorizing supplemental revenue of $6.6 million to be recovered
through the customer charge component of rates to cover direct incremental costs associated with a steel service
line replacement program approved as part of last year's rate adjustment. All other relief requested by Atmos
Page 1 of 4
Page 2 of 4
Mid-Tex is denied.
The ACSC Settlement Committee and ACSC legal counsel recommend that all ACSC Cities adopt the
Ordinance implementing the rate change.
RRM Background:
The RRM tariff was approved by ACSC Cities as part of the settlement agreement to resolve the Atmos
Mid-Tex 2007 system-wide rate filing at the Railroad Commission. Atmos Mid-Tex's current action represents
an extension to the three-year trial project known as the Rate Review Mechanism ("RRM") process. The RRM
process was created collaboratively by ACSC and Atmos Mid-Tex as an alternative to the legislatively
authorized GRIP surcharge process. ACSC opposed GRIP because it constituted piecemeal ratemaking, did not
allow any reasonableness review, and did not allow participation by cities or recovery of cities' rate case
expenses. The RRM process has allowed for a more comprehensive rate review and annual adjustment as a
substitute for GRIP filings during the three-year trial period specified by the tariff.
Purpose of the Ordinance:
Rates cannot change and the Settlement Agreement with Atmos Mid-Tex cannot be implemented
without passage of rate ordinances by cities. No related matter is pending at the Railroad Commission. The
purpose of the Ordinance is to approve rate tariffs ("Attachment A") that reflect the negotiated rate change
pursuant to the RRM process and to ratify a Settlement Agreement recommended by the ACSC Settlement
Committee and Executive Committee.
As a result of the negotiations, ACSC was able to reduce the Company's requested $15.7 million RRM
increase to $6.6 million, allowing only incremental revenues necessary to cover direct costs associated with the
steel service line replacement program approved by ACSC Cities in 2010. Approval of the Ordinance will
result in the implementation of new rates that increase Atmos Mid-Tex's revenues effective September 1, 2011.
Reasons Justifying Approval of the Negotiated Resolution:
During the time that the City has retained original jurisdiction in this case, consultants working on
behalf of ACSC cities have investigated the support for the Company's requested rate increase. While the
evidence does not support the $15.7 million increase requested by the Company, ACSC consultants agree that
the Company can justify an increase in revenues of $6.6 million, a result consistent with Cities' approval of a
steel service line replacement program last year. The agreement on $6.6 million is a compromise between the
positions of the parties.
The Settlement Agreement of 2010 which included an extension of the RRM process, included an
allowance for recovery of direct costs, excluding overheads, of the steel service line replacement program.
Current year recovery factors of $00.15 for residential customers and $00.41 for commercial customers per
month were authorized last year. The 2010 Settlement Agreement contemplated that the steel service line
replacement program would be adjusted annually, but shall be capped at $00.44 cents for residential customers
and $1.22 for commercial customers. The increase in this case is consistent with the caps contemplated last
year for the steel service line replacement program, and nothing more.
The alternative to a settlement of the RRM filing would be a contested case proceeding before the
Railroad Commission on the Company's current application, would take several months and cost ratepayers
millions of dollars in rate case expenses, and would not likely produce a result more favorable than that to be
produced by the settlement. The ACSC Settlement Committee recommends that ACSC members take action to
approve the Ordinance authorizing new rate tariffs.
Page 3 of 4
Steel Service Line Replacement:
Under pressure from the Railroad Commission to establish a comprehensive program to replace service
lines that contain steel which is subject to corrosion and leaks, ACSC worked with Atmos Mid-Tex in 2010 to
establish a risk based approach to steel service line replacement that accomplishes the following goals:
1. Replace all service lines throughout the Mid-Tex Region with the highest degree of risk within
two years;
2. Coordination between ACSC city members and Atmos Mid-Tex to minimize disruption of rights
of way without compromising safety;
3. To minimize and spread the rate impact on customers of the replacement program, the service
lines with little relative risk of leaks should be replaced over a 10-year period; and
4. Current recovery of incremental (above and beyond normal maintenance and repair addressed in
RRM proceedings) direct (excluding Atmos Mid-Tex overheads) cost of service line replacement should be
permitted as an adder to customer charges.
Fulfillment of these goals in the 2010 case led to $00.15 and $00.41 added to residential and commercial
customer charges, respectively. The annual customer charge adder to cover the steel service line replacement
program may not exceed $00.44 and $1.22 for residential and commercial customers, respectively, prior to the
entry of a Final Order in the next system-wide Statement of Intent rate proceeding.
Changes to Customer Charges:
The Settlement Agreement approved in 2010 contemplated that incremental revenues to cover future
steel service line replacement costs would be recovered through customer charges. Consistent with that
approach, the $6.6 million in additional revenues to be recovered following passage of the Ordinance is
accomplished by increasing customer charges.
The tariffs to be approved by the Ordinance set monthly customer charges at $7.50 and $16.75 for
residential and commercial customers, respectively.
The commodity portion of the commercial rate will decline slightly from existing rates.
Explanation of`Be It Ordained" Paragraphs:
1. This paragraph approves all findings in the Ordinance.
2. This section adopts the attached tariffs ("Attachment A") in all respects and finds the rates set
pursuant to the attached tariffs to be just, reasonable and in the public interest. Note that only new tariffs or
existing tariffs being revised are attached to the Ordinance. Existing tariffs not being changed in any way are
not attached to the Ordinance.
3. This section requires the Company to reimburse ACSC for reasonable rate making costs
associated with reviewing and processing the RRM application.
4. This section repeals any resolution or ordinance that is inconsistent with this Ordinance.
5. This section finds that the meeting was conducted in compliance with the Texas Open Meetings
Act, Texas Government Code, Chapter 551.
Page 4 of 4
6. This section is a savings clause, which provides that if any section(s) is later found to be
unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this
Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if
the offending section or clause never existed.
7. This section provides for an effective date upon passage.
8. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the
Company and legal counsel for ACSC.
Approved By
Initial Date
Department Director MM 08/03/2011
City Manager IMM 8/'�/11
ORDINANCE NO. 2011-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, ("CITY") APPROVING A NEGOTIATED
RESOLUTION BETWEEN THE ATMOS CITIES STEERING
COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND
ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX"
OR "COMPANY") REGARDING THE COMPANY'S FOURTH
ANNUAL RATE REVIEW MECHANISM ("RRM") FILING IN ALL
CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING
EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS
THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE
NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE
SET BY THE ATTACHED TARIFFS TO BE JUST AND
REASONABLE; REQUIRING THE COMPANY TO REIMBURSE
CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING
CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING
THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH
THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT;
ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE
DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO
THE COMPANY AND THE STEERING COMMITTEE'S LEGAL
COUNSEL.
WHEREAS, the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy
Corp., Mid-Tex Division ("Atmos Mid-Tex" or" Company"), and a regulatory authority with an
interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC" or
"Steering Committee"), a coalition of approximately 154 similarly situated cities served by
Atmos Mid-Tex that have joined together to facilitate the review of and response to natural gas
issues affecting rates charged in the Atmos Mid-Tex service area (such participating cities are
referred to herein as"ACSC Cities"); and
WHEREAS, pursuant to the terms of the agreement settling the Company's 2007
Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to
develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review
Ordinance No. 2011-17 1
Atmos Energy and Atmos Cities Steering Committee
process controlled in a three-year experiment by ACSC Cities as a substitute to the current GRIP
process instituted by the Legislature; and
WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos
Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and
WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC
Cities' reasonable expenses associated with RRM applications; and
WHEREAS, the Steering Committee and Atmos Mid-Tex agreed to extend the RRM
process in reaching a settlement in 2010 on the third RRM filing; and
WHEREAS, on or about April 1, 2011, the Company filed with the city its fourth annual
RRM filing, requesting to increase natural gas base rates by $15.7 million; and
WHEREAS, ACSC coordinated its review of Atmos Mid-Tex's RRM filing by
designating a Settlement Committee made up of ACSC representatives, assisted by ACSC
attorneys and consultants, to resolve issues identified by ACSC in the Company's RRM filing;
and
WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos Mid-Tex
is unable to justify an increase over current rates except for undisputed costs of$6.6 million to
cover the steel service line replacement program initiated in 2010; and
WHEREAS, the ACSC Settlement Committee, as well as ACSC lawyers and consultants,
recommend that ACSC Cities approve the attached rate tariffs ("Attachment A" to this
Ordinance), which will increase the Company's revenue requirement by $6.6 million to extend
current recovery of incremental direct costs of the steel service line replacement program
authorized by ACSC Cities in ordinances passed in 2010; and
Ordinance No. 2011-17 2
Atmos Energy and Atmos Cities Steering Committee
WHEREAS, the attached tariffs implementing new rates are consistent with the
negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That the City Council finds the existing rates for natural gas service provided
by Atmos Mid-Tex are unreasonable and new tariffs which are attached hereto and incorporated
herein as Attachment A, are just and reasonable and are hereby adopted.
Section 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of
the ACSC Cities in processing the Company's rate application.
Section 4. That to the extent any resolution or ordinance previously adopted by the
Council is inconsistent with this Ordinance, it is hereby repealed.
Section 5. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 7. That this Ordinance shall become effective from and after its passage with
rates authorized by attached Tariffs to be effective for bills rendered on or after September 1,
2011.
Ordinance No. 2011-17 3
Atmos Energy and Atmos Cities Steering Committee
Section 8. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of David
Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ
Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at
Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED this 9th day of August, 2011.
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2011-17 4
Atmos Energy and Atmos Cities Steering Committee
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: R—RESIDENTIAL SALES
APPLICABLE TO: All Cities except the City of Dallas
EFFECTIVE DATE: Bills Rendered on or after 91112011
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter,
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $7.50 per month
Commodity Charge—All Mcf $2.5116 per Mcf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part(a)and Part(b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: C—COMMERCIAL SALES
APPLICABLE TO: All Cities except the City of Dallas
EFFECTIVE DATE: Bills Rendered on or after 9/1/2011
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 16.75 per month
Commodity Charge-All Mcf $ 1.0217 per Mcf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part(a)and Part(b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s)
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I—INDUSTRIAL SALES
APPLICABLE TO: All Cities except the City of Dallas
EFFECTIVE DATE: Bills Rendered on or after 9/1/2011
Application
Applicable to Industrial Customers with a maximum daily usage(MDU)of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Meter $450.00 per month
First 0 MMBtu to 1,500 MMBtu $0.2750 per MMBtu
Next 3,500 MMBtu $0.2015 per MMBtu
All MMBtu over 5,000 MMBtu $0.0433 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part(a)and Part(b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s)
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled"Daily Price Survey."
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I—INDUSTRIAL SALES
APPLICABLE TO: All Cities except the City of Dallas
EFFECTIVE DATE: Bills Rendered on or after 9/1/2011
Replacement Index
In the event the "midpoint" or 'common" price for the Katy point listed in Platts Gas Daily in the table
entitled"Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T-TRANSPORTATION
APPLICABLE TO: All Cities except the City of Dallas
EFFECTIVE DATE: Bills Rendered on or after 911/2011
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge Amount
Customer Charge per Meter $450.00 per month
First 0 MMBtu to 1,500 MMBtu $0.2750 per MMBtu
Next 3,500 MMBtu $0.2015 per MMBtu
All MMBtu over 5,000 MMBtu $0.0433 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part(b)of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T—TRANSPORTATION
APPLICABLE TO: All Cities except the City of Dallas
EFFECTIVE DATE: Bills Rendered on or after 9/1/2011
Monthly Imbalance Fees
Customer shall pay Company the greater of(i)$0.10 per MMBtu, or(ii) 150%of the difference per MMBtu
between the highest and lowest "midpoint" price for the Katy point listed in Plaits Gas Daily in the table
entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10°/6 of Customer's receipt quantities for the month.
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Plaits Gas Daily published for the
applicable Gas Day in the table entitled"Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Plaits Gas Daily in the table
entitled"Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company
Customer must pay Company all costs associated with the acquisition and installation of the meter.
August 1, 2011
FREQUENTLY ASKED QUESTIONS REGARDING
ACSC AND THE RRM RATEMAKING PROCESS
What is the Role of Cities in Ratemaking?
Cities have historically exercised original jurisdiction over the level of gas rates charged
within their boundaries. Generally, gas distribution utilities have filed rate cases at the city level
and only gone to the Railroad Commission of Texas ("RRC") with an appeal of city action or if
they cannot reach a settlement with cities. If a utility and cities reach an agreement, the utility
may then file a case at the RRC to implement the same rates approved by cities in areas outside
municipal boundaries.
Once a case is at the RRC, the Commission Staff generally expects cities to intervene and
do most of the discovery, sponsor opposing witnesses, and do most of the cross-examination and
briefing. There is no consumer advocate at the RRC. If cities do not participate in hearings at
the RRC, the request of a regulated utility is likely to be rubber-stamped.
What is the background to the creation of the Atmos Cities' Steering Committee?
The Atmos pipeline and distribution systems were built, owned and operated by Lone
Star Gas ("LSG") which maintained over 200 rate jurisdictions until it sold its assets to Texas
Utilities ("TXU") in the late 1990's. That meant that many cities had their own unique
distribution rates and that individual cities had to process rate cases at the local level. LSG-
Pipeline served all 200-plus distribution systems and pipeline rates were set by the RRC.
From the early 1980's through the late 1990's, LSG filed no pipeline or system-wide rate
case at the RRC. When LSG was finally brought before the RRC to show cause why its rates
should not be reduced, approximately 80 cities intervened and created an ad hoc group known as
the Steering Committee of Cities Served by Lone Star.
TXU purchased the LSG assets in the late 1990's and immediately commenced
consolidating 200-plus ratemaking jurisdictions into regions. As regional cases were filed, cities
within each region created an ad hoc committee to form a common strategy and negotiating
position. Once TXU had aggregated the cities into five or six jurisdictions, each with a different
rate, Texas Utilities Gas Company filed a system-wide case to bring all of the old LSG territory
under one common rate. The different city regional committees then united and formed the
Allied Coalition of Cities ("ACC"). While the gas utility assets were owned and controlled by
TXU, the Steering Committee transformed itself from an ad hoc group that came together only in
response to rate filings by the utility into a permanent standing committee.
In Gas Utilities Docket ("GUD") No. 9400 in 2004, TXU's request for a $61.6 million
system-wide increase was aggressively opposed by ACC. The Company received only a $2.01
million increase. Unhappy with that result, TXU decided that owning a gas system was neither
as fun nor as profitable as the deregulated electric system, and they sold the system to Atmos
Energy Corporation ("Atmos" or "Company"). ACC was then transformed into the Steering
Committee of Cities Served by Atmos and then renamed Atmos Cities Steering Committee to
obtain an easy to remember acronym, "ACSC".
What is the Atmos Cities Steering Committee?
ACSC is a coalition of 154 cities that unite in common purpose to address gas utility rate
and franchise issues related to Atmos Energy Corporation. Its objectives are to: (1) ensure that
gas utility rates charged to cities and their residents are fair and reasonable; (2) maintain
reasonable franchise fee revenues for cities; (3) protect cities' original jurisdiction over rates and
services; (4) be a voice for consumers where no state agency assumes such a role; and (5)
promote sound ratemaking policy in the public interest.
Cities join the permanent standing committee by passing a resolution and agreeing to
support the work of ACSC through modest occasional per capita assessments which support
ongoing administrative and legislative advocacy and all expenses where cities are not entitled to
reimbursement. Each member city designates a representative to ACSC. Member
representatives may volunteer to serve on the ACSC Executive Committee or Settlement
Committee. The Executive Committee sets policy, hires legal counsel and consultants, directs
litigation, establishes a legislative agenda, sets assessments on members as needed and meets
quarterly with Atmos executives. The Settlement Committee is directly involved in negotiating
resolution of contested matters with Atmos executives.
The list of current members is attached.
What is the benefit of membership in ACSC?
One hundred fifty-four cities speaking as one voice is much more effective in advocacy
before the Railroad Commission and legislature than any one city or multiple small groups of
cities.
The legislature has given gas utilities a right to an annual increase in rates. Resources
(both financial and human) of individual cities are conserved by membership in ACSC.
Additionally, membership enhances institutional memory of ratemaking issues, public policy
debates, and right-of-way and franchise fee battles.
What has ACSC accomplished?
Going into the legislative session, ACSC in December 2010 released a 48-page report,
"Natural Gas Consumers and the Texas Railroad Commission." More than 200 television,
newspaper and radio news sites posted information on and a link to the report which may be
found on ACSC's website, TexasGasConsumers.org.
Earlier in 2010, ACSC representatives visited on several occasions with the Sunset
Commission Staff, and several ACSC recommendations for reform were included in the Sunset
Commission Report on the Railroad Commission, delivered to the legislature's Sunset
Committee prior to public hearings on the agency. Several ACSC member representatives
testified before the legislature regarding reforms needed at the Railroad Commission.
2
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During the most recent legislative session, lobbying efforts by ACSC were critical in
killing two gas utility bills that would have undermined traditional regulation, deprived cities of
certain rights, and led to even greater rate increases.
In the last 12 months, ACSC has resolved a major issue involving franchise fees. Atmos
unilaterally, with notice, ceased inclusion of franchise fees in the calculations of gross receipts
regardless of whether specific franchises included such payments. Several cities were willing to
pursue the matter through litigation. However, counsel for ACSC was able to negotiate a
resolution that allowed each member city to determine whether it desired an increase in franchise
fee payments based on inclusion of franchise fees in the calculation of gross receipts. If a city
opted for inclusion of fee-on-fee revenues, it had the further option of retroactive payments back
to the point in time that Atmos decided to curtail fee-on-fee payments. Each member had these
options regardless of the wording of the then valid franchise agreement. This resolution spared
significant litigation costs and anxiety and was only possible because of the clout of the ACSC
membership.
One of the most significant accomplishments of ACSC occurred in 2007 via a settlement
of the then pending system-wide rate case. Approximately 50 ACSC city representatives showed
up in Arlington for a meeting with Atmos executives who were shocked at the vocal opposition
to Atmos practices, the unfairness of annual Gas Reliability Infrastructure Program ("GRIP")
rate filings that precluded city and citizen review, and the Company's lack of coordination with
cities. That meeting led to the creation of the Rate Review Mechanism ("RRM") process and
greater ongoing communication between the Company and ACSC.
Last year, ongoing communications between ACSC and the Company led to a workable
solution to the need to replace steel service lines in a manner that accommodated city needs to
control their rights-of-way, while moderating the rate impact and focusing first on the riskiest
service lines based on leak repair histories. This compromise precluded a more onerous (from a
city and consumer perspective)program threatened by the RRC.
What is a RRM case?
The concept of a RRM proceeding emerged as a three-year experimental substitute for
GRIP cases as part of the settlement of Atmos Mid-Tex's 2007 system-wide rate case. In 2003,
the Texas Legislature added Section 104.301, Interim Adjustment for Changes in Investment, to
the Gas Utility Regulatory Act. While not identified as such in the law, § 104.301 was referred
to as the Gas Reliability Infrastructure Program or GRIP. The GRIP adjustments allowed gas
companies to recover changes to invested capital without a review of whether increased revenues
or declining expenses offset the invested capital costs. Both Atmos Pipeline and Atmos Mid-Tex
filed GRIP cases as soon as the RRC adopted rules to implement the interim adjustments. As
explained below, it quickly became apparent that the GRIP adjustments were terrible public
policy.
As an alternative to GRIP, ACSC entered into a negotiated agreement with Atmos in
2007 to establish the RRM process. Unlike GRIP, the RRM provided for an annual review of all
portions of Mid-Tex's cost of service. It fixed an authorized rate of return on equity for the
three-year period at 9.6% (which was less than what the RRC would have authorized) and set
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caps on the extent to which expenses or investments could increase from one year to the next.
More importantly, it allowed cities to make a comprehensive evaluation of all aspects of the
utility business—investment, operation and maintenance expenses and revenues—unlike GRIP
which only allows consideration of changes to invested capital.
Why is RRM superior to GRIP?
The GRIP cases are one-sided guarantees of a rubber-stamp of the utility's rate request.
ACSC attempted to participate in the first two GRIP proceedings filed by both Atmos Pipeline
and Atmos Mid-Tex at the RRC. Not only were cities' motions to intervene denied, but also,
ACSC's comments were ignored. At the city level, ACSC consultants determined that Atmos
was not only including items such as artwork, chairs, computers and meals in interim rate
adjustments that were allegedly intended to promote pipeline safety, but also the Company was
over-earning its previously authorized rate of return. ACSC attacked the Commission's rule in
court because it denied city participation, denied a hearing on a contested matter, and denied
cities' recovery of any expenses associated with resisting GRIP rate increases. The courts have
not been helpful to cities, although the matter has now been set for hearing before the Texas
Supreme Court on September 15, 2011.
Cities have contended that GRIP is terrible public policy since it authorizes what would
from a history of public interest regulation be regarded as unlawful—piecemeal ratemaking.
GRIP allows rates to increase if the utility's invested capital net of depreciation increases year-
over-year. An increase in rates is mandated under GRIP if investment increases, even if
increasing revenues and declining expenses more than offset the costs associated with increased
investment.
The RRM process negotiated by ACSC solves the piecemeal ratemaking problem by
providing for a comprehensive review of Atmos' expenses and revenues. Furthermore, RRM
benefits ACSC by: (1) allowing cities participation that would be denied under GRIP; (2)
allowing cities to recover, at utility shareholder expense, all their ratemaking costs; and (3)
avoiding both litigation and RRC jurisdiction.
The legislature has functionally authorized annual increases in gas utility rates through
the GRIP process. Since consumers are otherwise stuck with annual rate increases, it is better to
have cities participating in the comprehensive RRM process than unable to participate in a
piecemeal process.
What has been the history of the RRM efforts?
In 2010, ACSC, in settling the third RRM proceeding, agreed to a slight modification and
extension of the process. A settlement of the fourth annual RRM is now pending before ACSC
members. The results of the four RRM proceedings are as follows:
RRM Filing Year Atmos Request ACSC Settlement
#1 2008 $33.5 million $20 million
#2 2009 $20.2 million $2.6 million
#3 2010 $70.2 million $27 million
#4 2011 $15.7 million $6.6 million (pending)
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These results are better for cities and consumers than would have been authorized by the
RRC under the GRIP process.
What is the future of the RRM process?
The settlement of the fourth RRM filing anticipates ACSC and Atmos working between
August and December to refine the RRM process. If agreement on a new process is reached,
Atmos will file another RRM case next April. If no agreement can be reached on the RRM
process by the end of this year, Atmos Mid-Tex will file a system-wide traditional rate case in
January 2012.
If you have other questions please contact me at (512) 322-5875 and/or
ggay@lglawfirm.com.
Geoffrey Gay
ACSC, General Counsel
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Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: August 9, 2011 Item Number: 6.
Department: City Manager (City Secretary's Use Only)
Prepared By: Mindy Manson Account Code:
Date Prepared: August 3, 2011 Budgeted Amount: $
Exhibits: 3
Subject
Consider, and act upon, a settlement with David Edward Company, Ltd in Cause No. 401-02629-2011 in the
case styled The David Edward Company, LTD v. City of Wylie, Texas pending in the 401st District Court in
Collin County, Texas and to authorize the City Manager to take all actions necessary to effectuate the same.
Recommendation
Motion to approve a settlement with David Edward Company, Ltd in Cause No. 401-02629-2011 in the case
styled The David Edward Company, LTD v. City of Wylie, Texas pending in the 401st District Court in Collin
County, Texas and to authorize the City Manager to take all actions necessary to effectuate the same.
Discussion
The original specifications for one of the high-back chairs for the new Library called for 26 chairs. During the
process of ordering the furniture, the number was inadvertently doubled and a purchase order issued by the City
based on the quote. It was not until we received the custom chairs with the upholstery selected for our project
that we realized the mistake. Staff began the discussion with the vendor regarding some sort of settlement or
credit regarding the amount owed because while we clearly processed the request with the incorrect number of
chairs, we believed that the vendor had some responsibility to compare the order to the original specifications.
After several months of discussions, the issue was ultimately referred to the attorneys for both parties. The
initial response from the vendor's attorney was an assertion that they were due $32,911.36 but after negotiation
they agreed to settle at $23,500. We have possession of the chairs and will utilize them within the new
buildings. Staff recommends the acceptance of the settlement offer which was received on July 25th and which
must be responded to by August 22nd
Approved By
Initial Date
Department Director MM 8/3/11
City Manager IMM
Page 1 of 1
ABERNATHY
ROEDER
BOYD
J O1 T 't•p.C. 1700 Metro 214.544.4000 ulev FaSuite
2 lte5404•P.O.Box 1210.McKinney,Texas 75070-1210
4040
ATTORNEYS AT LAW
RICHARD M.ABERNATHY rabernathyr@abemathylaw.com
Board Certified-Civil Trial Law Direct Dial 214.544.4002
Texas Board of Legal Specialization
Qualified Mediator
July 22,2011
THIS COMMUNICATION IS FOR SETTLEMENT PURPOSES
ONLY AND IS SUBJECT TO TEXAS RULE OF EVIDENCE 408
Mr. Paul A. Sartin Via Telefax No. 214-599-0602
The Sartia Law Firm, P.C.
4514 Travis Street, Suite 300
Dallas,Texas 75205
Re: Cause No.401-02629-2011; The David Edward Company, Ltd vs. The City of
Wylie, Texas
Dear Mr. Sartin:
Thank you for your letter dated July 22, 2011.
My client declines your offer and makes the following counteroffer pursuant to Rule 408,
Texas Rules of Evidence.
1, The City of Wylie will pay The David Edward Company, Ltd. the sum of
$23,500.00.
2. The David Edward Company, Ltd.will dismiss with prejudice the above-
referenced cause.
3. This offer has been authorized by the City Manager but must be approved by the
City Council. Its next meeting is July 26,2011; however, if that is too soon,the
first meeting in August is August 9,2011, Upon approval by the City Council,
payment would be made within five(5) business days.
595937.1
Mr. Paul A. Sartin
July 22,2011
Page 2
Best regards.
Very truly yours,
RMA/bac Richard M.Abernathy
cc: Client
595937.1
07125/2011 13:22 FAX 002/002
THE SARTIN LAW FIRM, P.C.
Litigation 1 Creditors`Rights J Wills&Trusts# Probate
4614 Travis Street, Suite 30C
Dallas,Texas 75205
(214)599-0448 I Fax: (214)599-11602
www.sarlintaw.00m
PAUL A.SARTIN,ESQ,
pearttn@sartinlaw com
July 25,201 I
VIA FACSIMILE(. 1L4)544-4040
Richard M.Abernathy, Esq.
Abernathy,Roeder,Boyd& Joplin,P.C.
1700 Redbud Blvd., Suite 300
P.O.Box 1210
McKinney, Texas 75070
Re: The David Edward Company,Ltd v. The City of Wylie, Texas,et al.;Cause No.401-
02629-2011 in the 401 s'" District Court of Collin County,Texas;Our File No, 1197
Dear Counsel:
The David Edward Company,Ltd.("Client")received your proposed global settlement offer
dated July 22,2011 pursuant to Rule 11 of the Texas Rules of Ci'ril Procedure concerning the above-
referenced matter. I have visited with my Client in response to your offer to resolve the issues
between the parties for the sum of S23,500,00, and my Client accepts your client's offer in this
regard.
Upon the payment of the sum of$23,500.00,Plaintiff arid Defendants are fully and finally
released of and from all claims asserted or assertable by one and another,and the above-referenced
lawsuit will be dismissed with prejudice to the re-filing of sem,.
Please direct the payment to this law firm by check pay:Lble to 'The Sartin Law Firm,P.C.,
attorneys for The David Edward Company,Ltd.' ("payee").
Should you have any questions or require anything further from our office at this time,please
do not hesitate to contact me. Thank you for your assistance in this regard.
Very trul
Paul A, Sartin
07/26/2011 10:50 FAX l 002/002
THE SARTIN LAW FIRM, P.C.
Litigation I Creditors'Rights Wills&Trusts I Probate
4614 Travis Street Suite 300
Dallas, Texas 75205
(214)599-0448 I Fax (214)599.0302
www.sartinlaw.corn
PAUL A.SARTIN,ESQ.
psartin@sartlsilaw,com
July 26,2011
VIA FACSIMILE a141544.4040
Richard M. Abernathy,Esq.
Abernathy,Roeder, Boyd& Joplin,P.C.
1700 Redbud Blvd., Suite 300
P.O.Box 1210
Mc1Cinney,Texas 75070
Re; The.David Edward Company,Ltd v. The City of Wylie, Texas, et a1.;Cause No.401-
02629-2011 in the 401 sr District Court of Col1l1 t County,Texas;Our File No. 1197
a ,
Dear Counsel:
By this letter please accept Plaintiff's agreement pursuant to Rule 11 of the Texas Rules of
Civil Procedure that Defendant in the above-referenced suit ne+:d not answer or otherwise respond
to the suit until August 22,2011.
Should you have any questions or require anything further from our office at this time,please
do not hesitate to contact me. Thank you for your assistance i a this regard.
Very truly 1
Paul A.Saxtin
Enclosures
PAS/nce
o:\Client DocumentsU.itigation111971Iettcr.davidedwerd4,wpd