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03-10-1998 (City Council) Agenda Packet The City of Wylie City Council Agenda Tuesday, March 10, 1998 7:00 p.m. • Wylie Municipal Complex Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Call to Order Invocation by Reverend Ray Richey-First Baptist Church Pledge of Allegiance Proclamation Declaring the Month of March as"Red Cross Month" Wylie News Celebrating 50 Years of Service to the Wylie Community Presentation Presentation by Mr.Harlen Moore,Texas Department of Transportation regarding the Status of State Highway 78 Action Agenda 1. Consider and Act Upon Approval of the Minutes from the Regular Meetings of February 10 ,February 24 and Special Called Meeting of March 3, 1998. 2. Consider and Act Upon Appointing a Replacement to the Wylie City Council to Fill an Unexpired Term Ending May 1999 and Administer Oath of Office. 3. Consider and Act Upon Appointing a Replacement to the Planning and Zoning Commission to Fill an Unexpired Term Ending July 1998. 4. Consider and Act Upon Renewal of the Interlocal Agreement Between the City of Wylie and The City of Plano for the Use of the City of Plano 800 MHZ Trunked Communication System. 5. Consider and Act Upon Approval of Work Order No WYL-24, Authorizing the Hogan Corporation to Proceed with the Design of the Remainder of the 1995 Bond Program Water Projects to be Publicly Bid. City Council Agenda Page 1 6. Consider and Act Upon Approval of Work Order No. WYL-25, Authorizing the Hogan Corporation to Proceed with the Design of the Remainder of the 1995 Bond Program Water Projects to be Completed by City of Wylie. 7. Consider and Act Upon Approval of Issuing Change Order No 1 for Four-D Construction Company for the Construction of the new 20-inch Water Main Located Along FM 544. 8. Consider and Act Upon Final Acceptance of the Reconstruction of Approximately 1,250 Linear Feet of Alleys Between Briarwood,Dogwood and Woodhollow Streets from Stone Road to Briarwood Drive;Provide Authorization for Change Order No. 1 and Issue Final Payment in the Amount of $9,690.32 and Accept the Project as Complete. Staff Reports Citizen Participation Worksession 9. Preliminary Fee Schedule 10. Wylie Economic Development Corporation-Project Update Executive Session Hold Executive Session Under Section 551.075 of the Texas Government Code, Conference with Employees regarding City of Wylie vs Ronnie Higginbotham Cause No 19976197 and City of Wylie vs Christopher Filline Cause No. 4-98- CV-47. Reconvene Into Open Meeting Take Any Necessary Action as a Result of the Executive Session. Adjournment Posted on this the_day of ,1998 at 5:00 p.m. as required by law in accordance to Section 551.042 of the Texas Government Code. 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 972/442-8100 or TAD 972/442-8170. "' City Council Agenda Page 2 WYLIE CITY COUNCIL ACTION AGENDA Approval of Minutes March 10, 1998 Consider and ad upon approval of the Minutes from the February 10 and February 24, 1998 Council Meetings. Action Agenda Approval of Minutes Page 1 MINUTES Wylie City Council Meeting February 10, 1998 CALL TO ORDER Mayor Jim Swartz called the City Council Meeting to order February 10, 1998 at 7:00 p.m. with the following Councilmembers present: Cleo Adams, Reta Allen, J. C. Worley, Joel Scott, John Mandy and Wanda Sparks. Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant to the City Manager; Brady Snellgrove, Finance Director; Jack Jones, Supt. of Public Works; Mike Phillips, Building Official; Tobin Maples, City Planner, Greg MacLean, Consulting Engineer for the The Hogan Corporation, and Rebecca Rogers, Planning/Community Development Secretary. INVOCATION Reverend John Thornton of the Wylie United Methodist Church was present to give the invocation. PLEDGE OF ALLEGIANCE Members of the Tiger Cubs, Pack 304, Den 3 lead the Pledge of Allegiance and presented a book entitled "I like Wylie Because" to the Mayor. PRESENTATION Presentation of Griffin Industries Settlement. The Mayor asked that Ms. Toni Young come forward. Ms. Young accepted the Contribution to the Chamber of Commerce Scholarship Fund. The Mayor asked that Ms. Nell Cardwell come forward. Ms. Cardwell accepted the contribution on behalf of the Meals on Wheels program. CONSENT AGENDA Councilman Adams requested a correction to the minutes to reflect the vote taken on item number three of the January 27 council meeting. Councilman Adams stated that the minutes should reflect that the vote was not unanimous, but that he and Councilwoman Allen voted against said item. A motion was made by Councilmember Joel Scott to approve the minutes, with the noted correction, from the January 27, 1998 Council Meeting. Councilwoman Sparks seconded the motion. A vote was taken and the motion passed unanimously. Wylie City Council Minutes February 10,1998 Page 1 ACTION ITEMS Consider and Act Upon authorizing the City Manager to negotiate and award an emergency contract for the completion of the water and sewer mains as part of the Texas Community Development Program (TCDP) grant project. City Manager Mike Collins asked that Consulting Engineer Greg MacLean address this item. Mr. MacLean gave an explanation to Council as to the circumstances that lead to this request. Mr. MacLean stated that the estimated time of completion of the project, pending council action, is approximately 110 days from start date. Mr. Collins noted that all affected property owners would be notified of Council's actions with regard to start up and completion time frames. A motion was made by Councilwoman Sparks to authorize the City Manager to negotiate and award an emergency contract for the completion of the water and sewer mains. Councilwoman Allen seconded the motion. A vote was taken and the motion was passed unanimously. Consider approval of a Preliminary Plat submitted by D.R. Horton for a 114.78 acre, 359 lot residential development designated as Twin Lakes Phase II subdivision east of S. Ballard Avenue. Mr. Collins stated that Mr. Tobin Maples had an introduction to this agenda item. Mr. Maples gave a brief overview of the preliminary plat as submitted. Said case has gone before Planning and Zoning and the Commission did recommend approval. A motion was made by Councilman Adams to approve the Preliminary Plat submitted by D.R. Horton for a 114.78 acre, 359 lot residential development designated as Twin Lakes Phase II subdivision east of S. Ballard Avenue. Councilman J.C. Worley seconded the motion. A vote was taken and the motion was passed unanimously. STAFF REPORTS Mr. Collins stated it was requested that a representative from the Highway Department, be asked to respond to questions Council had, specifically the FM544/1378 intersection project. Mr. Bill Lovil of the Texas Department of Transportation was present and was available for questions from Council. Mr. Lovil stated that the project has been let and awarded. Problems with utilities have caused some delays from the original start date of October 1997 date. However, according to Mr. Lovil, his chief inspector has notified him that construction is anticipated to commence the week of the February 23 with a completion date of August 1998. Wylie City Council Minutes February 10,1998 Page 2 There was some discussion with regard to the timing of the lights, crossing arms, and the realignment of FM1378, which were addressed by Mr. MacLean. Mayor Pro Tern asked Mr Lovil about the process of funding for North Texas. Mr. Lovil stated that the projects are ranked and prioritized state wide. Mr. Lovil stated that there is funding for approximately 40% of all projects, which means that 60% will go unfunded. The three things he suggest to expedite a project are planning, acquiring Right of Way, and ensure that utilities are moved or adjusted. Councilman Scott inquired about the status of State Highway 78 . Mr. Lovil stated that he understood it was scheduled for bid letting last June, however Right of Way has not been acquired. After it is acquired, the plans are for a six (6) lane divided highway which will include the FM 544/78 intersection. With no further questions, the Mayor thanked Mr. Lovil for his presentation. Mr. Collins reported that the interior of the Hospital demolition is complete and they are currently waiting for a separate contractor to begin the interior renovation and finish out. They are scheduled to open in late June or early July. Ms. Manson reported that the lights at the five and under soccer fields are up and burning. Community center contractor has been contacted with regard to the warranty work that remains, and he has responded by letter. He indicated that he would do some research and contact city staff to set up a time for this work to be completed. Ms. Manson stated that we would coordinate with the scheduling of the Center and would try to schedule over a weekend, based on the scheduling of the Center, so not to inconvenience the patrons, including the Seniors. CITIZEN PARTICIPATION There was no citizen participation. Councilman Adams reported that we have some problems with some of our alleys, specifically, the alleyways between hilltop and fourth street; and the alleyway between Third and second street; and south end of first street between First and Ballard. Mr. Collins responded to Councilman Adams and advised that a worksession has been scheduled for February 24 in which Mr. Jones and Mr. MacLean will present to Council a list of miscellaneous streets for improvements that were financed through the 1995 Bond Program as well as the remaining Water related projects that were also financed through 1995 Bonds. Wylie City Council Minutes February 10,1998 Page 3 WORKSESSION Planning and Zoning Development Issues and ordinance amendments. Mr. Collins gave introductory remarks regarding the Planning & Zoning development issues to be address by Planning Director Mr. Tobin Maples. Mr. Maples opened the discussion stating that he is currently in the process of establishing some In house improvements to the development review process. Those items specific toward establishing consistency to the development review process include improvements to the filing system, assignment of zoning case numbers, utilize zoning signs, establish a schedule for public hearings and cut off periods, streamline the communication reports to the Planning &Zoning Commission and the development of rules of procedure for the Planning and Zoning Commission. Mr. Maples also addressed the charter review provisions for final approval for plats. The Mayor asked if we could assemble a document to aid citizens who wish to build in Wylie that would be a step by step explanation of the process. Mr. Maples stated that we do currently have something in place, but that we would ensure that it is accurate. Councilman Worley asked about the complaints received about development fees. City Manager, Collins, advised that staff is currently in the process of conducting a fee survey and information would be forthcoming. Mr. Maples addressed pertinent development issues such as single family districts, the comprehensive plan, subdivision and the zoning Ordinances, and thoroughfare screening. Mr. Maples also stated that the Planning and Zoning Commission has been briefed about the recommendations concerning improvements and ordinance amendments. Council inquired as to the time frame for implementation of the improvements. Mr. Maples stated that he would report back within 60 days with a tentative time line. Mr. Phillips address Erosion Control and Exterior Masonry Requirements. Mr. Phillips stated that staff will bring forward an Erosion Control Ordinance in the near future. He also stated that staff would be looking at amending the Zoning Ordinance to allow stucco as a masonry substitutes. EXECUTIVE SESSION Held Executive Session under Section 551.074 Personnel Matters; City Manager's annual evaluation. RECOVENE INTO OPEN MEETING No action taken as a result of the Executive Session. Wylie City Council Minutes February 10,1998 Page 4 ADJOURNMENT Jim Swartz, Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes February 10,1998 Page 5 WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION March 10, 1998 Consider and act upon appointing a replacement to the Wylie City Council Place 3, for an unexpired term ending May of 1999. Background Councilman John Mondy has submitted a formal resignation from his position on the Wylie City Council, Place 3, in order to run for the office of Mayor. His resignation was effective February 24, 1998, leaving an unexpired term ending in May of 1999. Financial Considerations N/A Other Considerations Article 3, Section 6 of the Wylie Home Rule Charter establishes the conditions and procedures under which the City Council shall fill a vacancy within the Council. The Charter states: A single vacancy in the city council shall be filled within thirty (30) days of the occurrence of the vacancy by a majority vote of the remaining members of the city council by selection of a person qualified for the position as described by this Charter. This appointee shall serve the unexpired term for the place for which he was appointed. Article 5, Section 2.A of the Wylie Home Rule Charter states the qualifications for members of the City Council. The appointee must be a qualified voter, shall have resided in the city for at least 12 months preceding the appointment, and shall not be delinquent in the payment of taxes or other liabilities due the city. Article 3, Section 2 also states that each member of Council shall reside within the city limits while in office. Board Recommendations N/A Action Agenda Appointment of Replacement to City Council Page 1 Staff_Recommendations N/A Attachments City Charter - Article 3, Sections 2 & 6 Article 5, Section 2 Memo to Council h\1\\,_ ict Prepared ay Rev ed by Fina ce City Manage Approval Action Agenda Appointment of Replacement to City Council Page 2 Art. II,§ 1 WYLIE CODE expressly conferred and permitted by Vernon's F. To enact, establish and enforce codes and Ann. Civ. St. art. 1175, as now or hereafter ordinances providing for planning and zon- amended. ing within the city and provide for ordi- nances and codes dealing with the construe- The city shall have the power: tion of improvements within the city. Editor's note—Many of the provisions of Vernon's Ann. A. To fix its boundaries, to annex adjoining Civ.St.art. 1175 have been moved to other statutes. territory with or without the consent of the inhabitants or owners of the territory to be Section 2. Cost of Improvements. annexed,to acquire and own property within The cost of development or improvement of or outside of its corporate boundaries. streets or water and sewer lines and other im- B. To have the full power and right to exercise provements as appropriate, may be paid partly or the power of eminent domain when neces- in full by assessments levied as a lien against sary or desirable to carry out any of the property abutting thereon and against the owners powers conferred upon it by this Charter or thereof, and such assessments may be levied in by the constitution and laws of the State of any amount and under the procedure established Texas. The city may exercise the power of by ordinance not prohibited by state law. eminent domain in any manner authorized or permitted by the constitution and laws ARTICLE HI. THE CITY COUNCIL of this state.The power of eminent domain hereby conferred shall include the right of Section 1. Number, Selection and Term. the city to take the fee in land so con- demned and such power and authority shall The legislative and governing body of the city include the right to condemn public prop- shall consist of a mayor and six (6) councilmen erty for such purposes. The city shall have and shall be known as the"city council of the City and possess the power of condemnation for of Wylie." any municipal or public purposes even A. The mayor and councilmen shall be elected though not specifically enumerated in this by the qualified voters of the city at large, Charter. each of whom, unless sooner removed by C. To cooperate with the government of the the provisions of this Charter, shall serve United States or any agency thereof, the - for a term of two (2) years. Each council- government of Texas or any agency thereof, man shall occupy a position on the city or with the government of any county, city council, such positions being numbered 1 or political subdivision for any lawful pur- through 6, consecutively. pose for the advancement of the interests, B. All members of the city council, other than safety, convenience and welfare of its in- the mayor, shall be elected under the place habitants. system. At the first general election held D. To contract and be contracted with, to sue under this Charter, and in each odd- and be sued, to buy, sell, lease, mortgage, numbered year thereafter, three (3) coun- hold,manage, and control such property as cilmen shall be elected, with the council- its interests require. men filling positions 1, 3, and 5. The following year and in each even-numbered E. To lay out, open, close, establish, alter, year thereafter, the mayor and three (3) widen,lower,extend,grade,supervise,main- councilmen shall be elected to fill positions tain, and improve streets, alleyways, and 2, 4, and 6. parks and regulate the use thereof, and require removal of all obstructions or en Section 2. Qualification of Members. croachments of every nature and character upon said public streets,sidewalks,or other In addition to any other qualifications pre- public property. scribed by law, the mayor and each councilman . CHT:6 CHARTER Art.III,§6 shall meet the conditions of Article V, while in Section 6. Vacancies, Forfeiture, Filling of office, and shall reside within the city limits while Vacancies. in office.Any member of the city council ceasing to possess any of the qualifications specified in this A. The office of a councilman or office of the section, or convicted of a felony while in office, mayor shall become vacant upon his death,resig- shall immediately forfeit his office. nation,removal from office in any manner autho- rized by law, or forfeiture of his office. Section 3. Judge of Election Qualifications. The city council shall be the final judge of all B. A councilman or the mayor shall forfeit his elections and of qualifications of its members. office if he: (1) Lacks at any time during his term of office Section 4. Compensation. any qualifications for the office prescribed by this Charter or by law; Members of the city council shall receive nom- inal compensation, the amount of which will be (2) Violates any express prohibition of this established by ordinance. Such ordinance may be article (see Section 8); or any other provi- adopted and amended by the city council; pro- sion of this Charter; vided, however, that no council may pass an (3) Is convicted of a crime involving moral ordinance which increases the compensation of turpitude, or the council currently seated. Such increases may benefit the next seated council regardless of how (4) Fails to attend three (3) consecutive regu- many members are returned to previously held lar city council meetings without being seats as a result of the election process. In addi- excused by the city council. tion, councilmembers shall be entitled to reim- (5) The city council shall be the final judge in bursement of all necessary expenses incurred in matters involving forfeiture of office. the performance of their official city council du- ties upon approval of said expenses by the city C. Filling of Vacancies.A single vacancy in the council. city council shall be filled within thirty(30) days of the occurrence of the vacancy by a majority vote Section 5. Mayor and Mayor Pro-Tenn. of the remaining members of the city council by The mayor shall be recognized as the official selection of a person qualified for the position as head of the city government for all ceremonial described in this Charter. This appointee shall purposes and by the governor for purposes of serve the unexpired term for the place for which military law but shall have no administrative he was appointed. The city council shall not; duties. He shall be the chairman and shall pre- however,fill more than one(1)vacancy by appoint- side at all meetings of the city council.The mayor ment within a six(6)month period, and in case a shall vote on all propositions before the city vacancy has been filled by the city council within council, but shall have no power to veto. He shall, twelve(12)months prior to a subsequent vacancy, when authorized by the city council, sign all or before a subsequent vacancy has been filled, or official documents, such as ordinances, resolu time,the city council shall order a special election if more than one (1) vacancy occurs at the same tions,conveyances,grant agreements,official plats, contracts, and bonds. within thirty(30)days of the last vacancy to elect the successor or successors to the office or offices The mayor pro tem shall be a councilman vacated. Vacancies filled by special election shall elected by the city council at the first regular city be for the remainder of the term. However, if the council meeting following each regular city elec- vacancies occur within one hundred twenty(120) tion.The mayor pro tern shall act as mayor during days of a regular election, then no special election the disability or absence of the mayor, and in this shall be called, and the remaining city council capacity shall have the rights conferred upon the members shall appoint qualified persons to fill mayor. vacancies until the regular election. CHT:7 Art V WYLIE CODE ARTICLE V. NOMINATIONS AND Shall have resided for at least twelve (12) ELECTIONS months preceding the election within the corpo- rate limits of the city, including territory an- Section 1. City Elections. nexed prior to the filing deadline. A. Election Schedule. The regular city election Shall not, after notice of any delinquency, be in will be held annually in accordance with the arrears in the payment of any taxes or other Texas Election Code. The City Council shall be liabilities due the city. "In arrears" is defined responsible for specifications of places for holding herein to mean that payment has not been of such elections. received within ninety(90) days from [the] due date. B. Special Elections. The city council may or An incumbent city councilman seeking reelec- der a special election under conditions specified tion must file for the same place position num- elsewhere in this Charter,or for ordinances, bond ber currently being served. issues, Charter amendments, recall or other pur- poses deemed appropriate by the city council.The No candidate may file in a single election for city council will fix the time and places for such more than one (1) office or place position as special elections, and provide all means for hold- provided by this Charter. ing same. No employee of the city shall continue in such C. Voter Eligibility List. A certified list of voter position after filing for an elective office pro- registrants within the city, as prepared by the vided for in this Charter. county tax assessor-collector, shall be held by the Shall not concurrently hold an elective office city secretary. If, for a purpose relating only to a with the city other than the one being filed for. city election or to candidates or issues involved in B. Petition Required. Every person desiring to such election, any organization, group or person file for elective office with the city shall first requests a list of qualified voters of the city, present to the City Secretary a sufficient petition permission to copy the current list shall be granted by the city secretary signed by a minimum of the greater of the follow- ing: D. Conduct and Regulation of Elections. All a) 25 persons; or city elections shall be governed by the Constitu- tion of the State of Texas, general laws of the b) a number of persons equal to one-half of state, this Charter,and by ordinance of the city in one percent of the total vote received by all the order named. Municipal elections shall be candidates for Mayor in the most recent conducted by election officials appointed or ap- mayoral general election who are qualified proved by the city council. voters in the City. (Ord. No. 92-2, 2-11-92) E. Publicizing City Elections.All municipal elec- tions shall be publicized in a manner consistent Section 3. Official Ballots. with the requirements of the present, and all future amended editions of the Texas Election A. Names on Ballot. The name of each candi- Code. date seeking an elective office, except those who (Ord. No. 92-2, 2-11-92) have withdrawn, died or became ineligible, shall be printed on the official ballot in the form desig- nated by the candidate in accordance with the Section 2. Filing For Office; Eligibility to File. Texas Election Code. A. Candidate Qualifications. Each candidate B. Order of Listing. The order on the ballot of for an elective office shall meet the following the names of the candidates shall be determined by lot in a public drawing to be held under the qualifications: supervision of the city secretary in accordance Shall be a qualified voter of the city. with the Texas Election Code. CHT:14 John Mondy,Mayor Pro-Tern Memo To: Mayor James Swartz From: John Mondy City Council Place 3 CC: Mike Collins City Manager J.Scott, R.Allen,W.Sparks,J.C.Worley,C.Adams Date: 02/24/98 Re: Resignation The following memo is to serve as notification of my intent to resign from my position on the Wylie City Council, Place 3, effective 10:00 p.m. February 24, 1998. In light of Mayor Swartz's recent decision to not seek, a third term as Mayor of the City of Wylie, it is my intent to announce my candidacy for the mayoral position on February 25, 1998. 1V3 - \1\k Regards, John Mondy Mayor Pro-Tem Wylie City Council •Page 1 _ of ,. DA � , ; - ( v . i WYLIE CITY COUNCILrt/171: • ACTION AGENDA COMMUNICATION March 10, 1998 issue Consider and act upon appoin ' g a r cement to the Wylie City Council, Place 3, fori an unexpired term ending my ® 998 Background i' I 11iC6 Councilman John Mondy has submitted a formal resignation from his position on the Wylie City Council, Place 3, in order to run for the office of Mayor. His resignation was effective February 24, 1998, leaving an unexpired term ending in May of 1999. Financial Considerations N/A Other Considerations Article 3, Section 6 of the Wylie Home Rule Charter establishes the conditions and procedures under which the City Council shall fill a vacancy within the Council. The Charter states: A single vacancy in the city council shall be filled within thirty (30) days of the occurrence of the vacancy by a majority vote of the remaining members of the city council by selection of a person qualified for the position as described by this Charter. This appointee shall serve the unexpired term for the place for which he was appointed. Article 5, Section 2.A of the Wylie Home Rule Charter states the qualifications for members of the City Council. The appointee must be a qualified voter, shall have resided in the city for at least 12 months preceding the appointment, and shall not be delinquent in the payment of taxes or other liabilities due the city. Article 3, Section 2 also states that each member of Council shall reside within the city limits while in office. Board Recommendations N/A Staff Recommendations Action Agenda Item No -_.. Page 1 r/ N/A Attachments City Charter - Article 3, Sections 2 & 6 Article 5, Section 2 Memo to Council .......... Action Agenda Item No Page 2 WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION March 10, 1998 Issue Consider and act upon appointing a replacement to the Planning and Zoning Commission for an unexpired term ending July of 1998. Background Mr. Tim Owen submitted his resignation to the Planning & Zoning Commission as a result of a job relocation. His resignation was effective March 3, 1998. His resignation leaves an unexpired term ending in July of 1998. The Planning & Zoning Commission is a seven member board that makes recommendations to the City Council on the master plan; proposed ordinances and amendments to ordinances regarding planning, zoning and environmental quality; review ordinances and amendments proposed by the City Council relative to the City Council's planning and zoning function; and receive and review all platting and subdivision proposals and makes recommendations to City Council for appropriate actions. The Commission shall meet not less than once each month. Vacancies in an unexpired term shall be filled by the City Council within thirty (30) days from the date of the vacancy. Members of the Planning & Zoning Commission shall be residents of the City of Wylie for at least twelve (12) months preceding the date of appointment; be knowledgeable in the affairs of the city and be knowledgeable in the functions and activities concerning the commission. Attached are applications of those who expressed an interest in serving on the Board in May of 1997. They are: Ms. Jennifer A. Sherman, Mr. Billy Alan Odom, and Ms. Heather Johnston. City staff is currently in the process of advertising for applicants to all boards and commissions for those terms expiring in July of 1998. "Living in Wylie", the citizens quarterly newsletter, will also include application forms for those interested in serving on city boards and commissions. The next issue is scheduled for distribution in April. These applications can be made available to Council as they are received. Financial Considerations N/A Action Agenda Replacement to Planning&Zoning Commission Page 1 Other Considerations Article 8, Section 1A & B of the Wylie Home Rule Charter allows the City Council to create, establish or appoint as may be required by the laws of the State of Texas or this charter, such boards, commissions and committees as it deems necessary to carry out the functions and obligations of the city. Article 9, Section 2(A&B) of the Wylie Home Rule Charter states the qualifications for members of the Planning & Zoning Commission. Board_Recommendations N/A Staff Reoom_mendations N/A Attachments Applications for Consideration City Charter - Article 8, Section 1 A&B Article 9, Section 2 A&B 2-7- 1(a/145/i/V pared b Revi ed by Fina e City Man er Approval Action Agenda Replacement to Planning&Zoning Commission Page 2 CITY OF WYLIE Full Name: jEtiPJ1FE . A . SHERPAO Boards & Commission Application Home Address: ICa LL RT`i 'bR Please print or type, return completed City, State,Zip: NOE lx, 7750923 application to: Business Address: :303 NIA2�H LN . City Secretary's Office n 2000 Hwy.78 North City, State,Zip: l�ARROLLTOI' )`Tic, 7s-co0 Wylie,Texas 75098 Home Phone: 1)-1443•)o1TWork#: q7a-7cto-5 <i2 Board or Commission (indicate first,second, and third choice) Resident of Wylie for «Di . Years o? Planning and Zoning Commission Are you a qualified voter in the City of Wylie? cue S Please list any special skills or qualifications: 3 •C'Zoning Board of Adjustments ?lease. see (di-ached resume'. ❑ Library Board y do,you desire to erve on these boards? ❑ Ambulance Advisory Board � a- first' 71/) fWmeOwner /'v . irden a bfrenler ir24ereS - in M eemmun� >144174 and aJ4rnE it) he M V /Vu� r'&o&or tv,y r�/ ❑ Construction Code Board /j 9 ❑ Parks and Recreation Board ignatu i6 /4 7 Date Wylie Economic Development Corp. Board Zoning Board of Adjustments Construction Code Board Consists of 5 members and 2 alternates who meet on an "as needed" basis to consider applications Consists of 7 members who meet on an "as for variances to zoning ordinance regulations. The needed" basis to review building code board hears appeals regarding determinations of requirements. Plumbing, contractor, and electrical the Zoning Administrator, and considers action experience helpful. concerning non-conforming uses. Ambulance Advisory Board Library Board Consists of 3 members who meet on an "as needed" basis and advise Council on ambulance Consists of 7 members who meet on the 2nd services. Monday of every month and advise the Council on library services and programs. Planning and Zoning Commission Parks and Recreation Board A 7 member board that meets the 1st and 3rd Monday of every month to review rezoning A 7 member board which meets the 4th Monday of applications, subdivision plats and site plans, and every month and advises the Council on advise Council regarding comprehensive planning acquisitions, maintenance, operation and use of issues. parks, playgrounds, and open spaces. Wylie Economic Development Corp. Board Consists of 5 members who meet the third Tuesday of each month and recommends to Council funding priorities to assist new, prospective and existing businesses. JENNIFER SHERMAN 102 Liberty Dr. ■ Wylie, Texas 75098 (972)- 442-2017 WORK EXPERIENCE: Wcstcott Communications, Carrollton,Texas Director of Education, Financial Networks (October 1996-present) Oversee program development of continuing education programs for accountants in public practice and in industry. Topics range from accounting&auditing to tax to financial planning. Responsible for compliance with state continuing professional education requirements. Interface with subscribers on reporting issues,topic development and process improvements. • Develop programming ideas and recruit speakers for 18 hours programming hours per month. • Developed and instituted process improvements,creating an"error-free" product Westcott Communications, Carrollton,Texas Director of Program Operations.ATSN (June 1995-October 1996) Liaison between the customers of the Accounting Television Satellite Network and Westcott Communications. Also managed the relationship between the panel members on the monthly programs and Westcott. • Coordinated with internal departments for installations and service of equipment at 66 sites. • Recruited speakers for the monthly programs. • Wrote marketing materials for the state societies. Child Support Enforcement,Austin,Texas Vice-President, Client Services(August 1993 -June 1995) Oversaw all client qualification and contact for private company which collects court-ordered past-due child support. Served as client/investigator liaison. Managed a staff of five. ■ Managed an average of 50 new cases per week and communication with client base of more than 2,500. • Designed and implemented system which increased return rate on contracts by 125%. ■ Helped design voice response system to handle telephone inquiries and client calls, resulting in decrease by 150%the amount of time spent by staff members on repetitive, routine calls. The Reference Press,Austin,Texas Financial Editor(November 1992-June 1995) Contract position. Responsible for accuracy of research on companies to be included in Hoover's Handbook annual business reference series:Hoover's Handbook ofAmerican Business,Hoover's Handbook of World Business,Hoover's Master List,Hoover's Handbook of Emerging Companies. Profiles edited for America Online,Dow Jones News Service and Compuserve. Montana&Associates,Dallas,Texas Research Associate(Summers 1991 -92) Consulting firm offering training and education to multinational companies and their expatriates and repatriates. Developed cross-cultural training workshop presentation materials,proposals, manuals for expatriates. Delivered high-level presentations to corporate management. EDUCATION: The University of Texas at Austin Master of Business Administration, July 1993 Emphasis: Marketing&Management Austin College, Sherman,Texas Bachelor of Arts,Business and Spanish.May 1991 HONORS: ■ Charles"Bo"Miller Scholar-Athlete Award, 1991 • N.A.I.A. National Scholar-Athlete, 1990 • Congressional Youth Leadership Scholar, 1990 • Dean's List Austin College. Spring 1988-Fall 1990 • Sigma Delta Pi,Phi Sigma Iota(Spanish,Languages-Honorary) •Trustee's Scholarship(Austin College), 1987- 1991 ACTIVITIES: ■ Secretary,Friends of the Smith Public Library, 1996-97 • Assistant Swim Coach,Hurricanes, Summers 1993 - 1995 •Participant in UT-Houston Port Authority research project: Assessment of import&export trends in steel products trade. • Chairman,Team Building Day,UT Graduate School of Business • Austin College Swim Team. 1987- 1991;Captain, 1990- 1991 •Head Coach,US Swimming Sherman-Denison Sharks, 1989- 1991 ■ Austin College Communications/Inquiry Student Leader. 1990 •People to People Student Ambassador to the Orient, 1986 EXPERTISE: ■Languages:fluent in Spanish;working knowledge of Portuguese ■ Computer literate:Excel,WordPerfect,Word,Power Point References available upon request. CITY OF WYLIE BOARD&COMMISSION APPLICATION Please print or type. Return completed application before May 28 to: City Secretary's Office, 2000 Hwy. 78 North,Wylie,Texas 75098 Board or Commission of first,second and third choice: / Planning and Zoning Commission 2. Zoning Board of Adjustments Library Board Ambulance Advisory Board Wylie Economic Development Corporation 3 Construction Board Parks and Recreation Board Full Name: 6,I(r At40 Ofidibi 6414v1\). Home Address: 6 33 B u r d k s%+r e City,St,Zip: Wyl►e, T7% 7'O`3$ Home Phone: 97 Z- L`f 2- 0757 Business Address: FOP N, e4re/ Espy City,St.,Zip: Ray,Oi TX 75074. 07` . Business Phone:A A —New 4.v/hyae •r- Qa%ty Resident of Wylie for 0 years-move i. 064e if -Z' 17 Are you a qualified voter in the City of Wylie? AIp Why do you desire to serve on these boards'?j,,,, p:urJw...;► 'AfGkac:.,4 'AY TO rS+ 'lioi t! kere ;n WYGe t fZ aex ✓fify GDn re>tne� i'J;7 m0;44440;4* MY e ?e`4 List any special skills or qualifications:T have a cc!/17 .IeSree ; AsnA tce If A 7"e(4s Real Estaie L;,ease Signature Date 1 CITY• OF WYLIE • Full Name: —J( Qr r 1 ' ,V Y I Boards & Commission Application Home Address: lap(?) W 1'6Y1 0 r Please print or type, return completed City, State,Zip: 40.. )re, application to: V • Business Address: • City Secretary's Office 2000 Hwy.78 North City,State,Zip: Wylie,Texas 75098 Z?� j (073,900 D Home Phone: I Work#: Board or Commission (indicate first,second,and third choice) Resident of Wylie for 1 Years Commission Are you a qualified voter in the City of Wylie? ❑ Planning and Zoning Please list any special skills or qualifications: •❑ Zoning Board of Adjustments • ❑ Library Board • kp `\ 011Aihy do you desire to.serve on thes boards? ❑ Ambulance Advisory Board �\ ' ' kedi nCY1Ow ❑ Construction Code Board C� ! ❑ Parks and Recreation Board Sign Date �(I • ❑ Wylie Economic Development Corp. Board • Zoning Board of Adjustments Construction Code Board Consists of 5 members and 2 alternates who meet on an "as needed" basis to consider applications Consists of 7 members who meet on an "as for variances to zoning ordinance regulations. The needed" basis to review building code board hears appeals regarding determinations of requirements. Plumbing, contractor,and electrical the Zoning Administrator, and considers action experience helpful. concerning non-conforming uses. Ambulance Advisory Board . Library Board Consists of 3 members who meet on an "as needed" basis and advise Council on ambulance Consists of 7 members who meet on the 2nd services. Monday of every month and advise the Council on • library services and programs. Planning and Zoning Commission Parks and Recreation Board A 7 member board that meets the 1st and 3rd . Monday of every month to review rezoning A 7 member board which meets the 4th Monday of applications, subdivision plats and site plans, and every month and advises the Council on • advise Council regarding comprehensive planning acquisitions, maintenance, operation and use of issues. parks,playgrounds,and open spaces. Wylie Economic Development Corp.Board • Consists of 5 members who meet the third Tuesday of each month and recommends to Council funding priorities to assist new, prospective and existing businesses. requirements as to security for deposits and shall, by ordinance, prescribe the purpose interest thereon as may be established by composition,function, duties, accountability ordinance and law. Procedures for the and tenure of each board, commission and withdrawal of money or the disbursement of committee,where such are not prescribed by funds from the city depositories shall be law or this charter. The city council may, by prescribed by ordinance. ordinance, consolidate the functions of the various boards, commissions or committees Section 12: Financial Report enumerated in this article. The city manager shall submit to the city B. Limitation on Service council at it's first formal meeting each month the financial condition of the city by No person shall be appointed to or serve on budget item, budget estate versus accruals more than two (2) boards, commissions, or for the preceding month and for the fiscal committees at any given time. Any person year to date. The financial records of the serving on the planning and zoning city will be maintained on an accrual basis commission shall be precluded from to support this type of financial simultaneously serving on any other board, management. commission, or committee of the city. Section 13: Independent Audit Section 2: Boards and Commissions Enumerated At the close of each fiscal year, and at such other times as it may be deemed necessary, A. Plannine and Zonine Commission the city council shall cause an independent audit to be made of all accounts of the city There is hereby established a planning and by a certified public accountant. The zoning commission, whose purpose, certified public accountant so selected shall composition, function, duties and tenure have no personal interest, directly or shall be as set out in Article IX of this indirectly,in the financial affairs of the city charter. or any of its officers. Upon completion of the audit, the summary thereof shall be B. Parks and Recreation Board published immediately in the official newspaper of the city and copies of the audit The city council shall appoint a parks and placed on file in the city secretary's office as recreation board of seven (7) members who public record. shall be qualified voters to work in an advisory capacity to the city council in the planning and development of parks and .1. !.!!i.1*.i. . . . . . . . . - ARTICLE 8 recreation facilities and regulations governing their use. Members of the board BOARDS AND COMMISSIONS shall be appointed for two (2) year terms with three (3) members' terms expiring in Section 1: Authority even numbered years and four (4) members' terms expiring in odd numbered years. A. General Members of the board shall elect a chairman,each July, from their membership The city council shall create, establish or and shall meet at the call of the chairman or appoint as may be required by the laws of at the request of the city council. The city the State of Texas or this charter, such manager shall appoint a staff representative boards, commissions and committees as it to the board. deems necessary to carry out the functions and obligations of the city. The city council C. Library Board • 24 • No officer of the city nor any person who B. Ordinances for the regulation of platting holds a compensated appointive position and subdivisions within the city and its with the city shall be appointed to any extraterritorial jurisdiction. board, commission or committee created or established by this charter other than in an C. Ordinances to establish development advisory capacity. performance standards and land use regulations in general within the city, F. Rules and Regulations and any valid additions thereto, or within any part thereof, in any manner All boards, commissions and committees that does not conflict with the established or created by this charter shall constitution or present or future laws of set out their own rules and regulations for the State of Texas. operation thereof unless specifically prescribed by the laws of the State of Texas, D. Ordinances to promote safe and this charter, or by ordinance. Ordinances reasonable building standards and to creating any board, commission or establish emergency administrative committee shall provide that if any member measure to be applied in the time of is absent from three (3) consecutive natural disaster. meetings, his position shall be declared vacant and the vacancy shall be filled for E. Ordinances to regulate the collection the remainder of the unexpired term by the and disposal of solid and other wastes in city council within thirty (30) days after the a manner so as to protect the general vacancy occurs. health, safety and welfare of the citizens, and to protect the G. Existing Boards and Commissions environmental quality in accordance with present laws of the State of Texas All existing boards, commissions and and the United States. committees heretofore established shall be continued in accordance with the ordinance F. Ordinances to provide for capital or other acts under which they have been improvements of the city, with or created, or until the city council shall, by without the required financial ordinance, abolish, modify or alter the participation or approval of property ordinances or acts under which they exist. owners adjacent to the improvements. H. Establish such commissions, boards or ARTICLE9 panels as may be needed in carrying out it's planning and regulatory duties as PLANNING provided by this charter. Section 1: Powers of the City Section 2: Planning & Zoning Commission The city shall have the power to adopt and enforce: The city council shall establish a planning and zoning commission in the manner . A. A master plan to be used as a guide in provided by this charter, whose primary .••:• considering passage of ordinances for duty shall be to advise the city council in :•:•: the orderly growth and development of carrying out it's various duties and functions the city. regarding planning and environmental •:•••:•.•:•. • ••• • quality as provided by this charter. A. Organization and Qualification 26 (1) There shall be established a than every five(5)years, review and planning commission which shall recommend to the city council consist of seven (7) citizens of the amendments to the master plan of City of Wylie. The members of said the city. :i!i!i.mi*„... . . . . . ... board shall be appointed by the city council within sixty (60) days of the (2) Recommend to the city council adoption of this charter, for a term proposed ordinances and of two (2) years. The members of amendments to ordinances said board at their first meeting regarding planning, zoning and shall draw lots to determine those environmental quality and review who will serve one (1)year and two ordinances and amendments (2)year terms beginning on the date proposed by the city council relative of initial appointment of the board. to the city council's planning and On the expiration of the term of zoning function. Such review and each of the members who have recommendation by the planning drawn lots, his place shall be filled and zoning commission must be by a member appointed for a two (2) received by the city council prior to year term. The board shall elect a action on the proposed ordinance or chairman from among its amendment. membership each year at the first • regular meeting in July. The (3) Receive and review all platting and commission shall meet not less than subdivision proposals and make once each month. Vacancies in an recommendations to the city council unexpired term shall be filled by the for appropriate action. city council within thirty (30) days from the date of the vacancy for the remainder of the term. For ARTICLE 10 purposes of this section, the appointment year of respective PUBLIC UTILITIES, FRANCHISES commission members shall be AND LICENSES deemed to begin on July 1st. Section 1: Powers of the City (2) Members of the planning and zoning commission shall be residents of the The city has the power to buy, own, sell, City of Wylie for at least twelve (12) construct, lease, maintain, operate and months preceding the date of regulate public services and utilities and to appointment; be knowledgeable in manufacture, distribute and sell the output the affairs of the city and be of such service and utility operations. The knowledgeable in the functions and city shall have such regulatory and other activities provided for in this article. power as may now or hereafter be granted under the constitution and laws of the State B. Duties and Powers of the PIanning & of Texas. Zoning Commission The planning and zoning commission shall: Section 2: Power to Grant Franchise (1) Make and recommend to the city council a master plan to be used as The city council has the power to grant, a guide in considering ordinances renew and extend all franchises of a public for the orderly development of the service operating within the city and, with city. The commission shall, not less the consent of the franchise, to amend the 27 WYLIE CITY COUNCILtV" ACTION AGENDA COMMUNICATION March 10, 1998 Issue Consider renewal of interlocal agreement between the City of Plano and the City of Wylie to use the City of Piano 800 MHZ trunked communication system. Background The City of Wylie entered into an interlocal agreement with the City of Plano to use the City of Plano 800 MHZ trunked communication system in February of 1996. The use of Plano's communications system has greatly enhanced the City of Wylie's communications capabilities in a very cost effective manner. Use of the 800 MHZ trunked system enables the City of Wylie Police and Fire employees to communicate with other agencies in mutual aid situations. It is not possible to have this capability without access to an 800MHZ trunked system because of the widespread use of 800 systems in public safety. The City of Plano is one of two entities that have a radio system that can offer adequate coverage to the City of Wylie. The other entity (Collin County) charges a higher fee rate. The service from the City of Plano has been excellent. The only other option would be to purchase an 800 system, but this would be cost prohibitive. Financial Considerations The monthly fees will remain the same. Total fee costs have increased slightly due to additional radios being added to the system. Because the contract expires in the middle of the budget year (Feb. 28 1998) the City of Plano will prorate the fee costs for the remainder of this budget year. The contract will automatically renew October 1 1998. Funds are currently budgeted to pay fee costs through October 1 1998. The amount provided for this contract in the FY-1998 budget is $5,250.00. Other Considerations The Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (The "Act") provides authority for local governments of the State of Texas to enter into interlocal agreements with each other regarding governmental functions and services as set forth in the Act. Board and Commission Recommendations N/A Action Agenda Interlocal Agreement-Communication System Page 1 Staff Recommendations Staff recommends the approval and renewal of this interlocal agreement. Attachments Interlocal Agreement � 'do/4 �7 Pr`piled by R ewed by F. ance City Mana r Approval Action Agenda Interlocal Agreement-Communication System Page 2 city of plono ■ February 25, 1998 John Longstreet Mayor Lt. Billy Myrick John Van Maele City of Wylie Mayor Pro tern JeranAkers Police//�/ Department Deputy Mayor Pro tern 2000 Highway 78 North Cheryl D.Williams Wylie, Texas 75098 Place 1 Rick Neudor f RE: Radio System Access Agreement Place 3 Steve Bonnette Place 4 Dear Lt. Myrick: David M.Smith Place 7 Enclosed please find an invoice for the Radio System Access charges, as per our Dick Bode interlocal agreement. The revised agreement, which I faxed, shows the same fees Places g g for service, but does reflect an increase in the number of radios Wylie has programmed for our system. Thomas H.Muehlenbeck The total annual charges will be $5,571.84 for a 12-month period. However, since City Manager the new agreement is backdated to October 1997, and Wylie has paid through February 28, 1998; the invoice enclosed reflects the pro-rated amount due from March 1, 1998 through September 30, 1998. If you have any questions regarding the agreement or the invoice, please feel free to contact me at (972) 516-2192. Sincerely, Scott W. Cisney Projects Administrator Public Safety Commu ications C: Donna Naylor-PSC Director Barry Turner-PSC Technician P.O.Box 860358 Plano,Texas 75086-0358 Area Code 972— 461-7000 http://www.ci.plano.tx.us • City of Plano, Texas N'70�CJE Public Safety Communications Department 1520 Avenue K—Suite 010 Plano, Texas 75074 (972) 516-2174 (972) 461-7355 Fax INVOICE NO: 98-0301 DATE: February 25, 1998 To: Ship To: City of Wylie N/A 2000 Highway 78 North Wylie,Texas 75098 CONTACT P.O. NUMBER DATE SHIPPED SHIPPED VIA F.O.B. POINT �` TERMS Due Upon Receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT One Radio System Access Charges (03/01/98 to 09/30/98) $3,250.24 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SUBTOTAL $3,250.24 SALES TAX -0- SHIPPING & HANDLING -0- TOTAL DUE $3,250.24 Make all checks payable to: City of Plano THANK YOU l Feb-25-98 10:O1A City of Plano - PSC Dept . (972) 461 -7355 P . 02 EXHIBIT "A" THE STATE OF TEXAS AGREEMENT BETWEEN THE CITY * OF PLANO AND THE CITY OF IN THE * WYLIE TO USE THE CITY * OF PLANO 800 MHz TRUNKED COUNTY OF COLLIN * COMMUNICATIONS SYSTEM This Agreement is made between the CITY OF PLANO, TEXAS, a home- rule municipal corporation, (hereinafter referred to as "Plano"), and the CITY OF WYLIE, TEXAS, a home-rule municipal corporation (hereinafter referred to as "Wylie"), as follows; WITNESSETH: WHEREAS, Plano and Wylie are political subdivisions within the State of Texas, and are both engaged in the provision of governmental services for the benefit of their citizens; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act") provides authority for local governments of the State of Texas to enter into interlocal agreements with each other regarding governmental functions and services as set forth in the Act; and WHEREAS, Plano owns, operates, and maintains an 800 MHz trunked communications system (hereinafter referred to as "System") for the purpose of providing radio communications in support of its governmental operations; and WHEREAS, Wylie wishes to use certain portions of the System for its governmental operations; and WHEREAS, the use of the System in the provision of governmental services is for the benefit of the public health and welfare, promotes efficiency and effectiveness of local governments, and is of mutual concern to the contracting parties; and NOW, THEREFORE, Plano and Wylie, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: Interlocal Agreement Between the City of Plano and the City of Wylie to use the City of Plano 800 Mhz Trunked Communications System Page 1 A:WYLIECRT(2l4/98) Feb-25-98 10 : O1A City of Plano - PSC Dept . (972) 461 -7355 P . 03 TERM The initial term of this Agreement shall begin on October 1, 1997, and shall end on September 30, 1998. Thereafter, this Agreement shall automatically renew each year upon approval of the parties for ten (10) successive one (1) year terms commencing on October 1 of each year and ending on September 30 of the year following each such respective renewal, unless terminated by either Plano or Wylie as set forth herein. Wylie and Plano herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Plano, which fiscal year ends on September 30th of each year, shall be subject to Plano City Council approval. II. OBLIGATIONS OF WYLIE 2.01 Wylie shall use the System in accordance with this Agreement to provide interoperability of communications by Wylie between its users on the System for governmental operations. 2.02 When using the System, Wylie shall abide by all applicable federal and state laws and regulations, including any regulations of Plano. When Wylie is using the System for interoperability with talkgroups other than those provided for by this Agreement, it shall also abide by the rules of the user of the talkgroups. 2.03 Wylie shall make written requests for activating radios on the System to the System Manager by including the model and serial number of the radio, the name of the user, and identifying talkgroups required in the radio. 2.04 Wylie shall be responsible for the furnishing of all radios and for the maintenance of the same. III. OBLIGATIONS OF PLANO 3.01 Plano will lease to Wylie talkgroups which are a primary level of organization of users on the System (hereinafter referred to as "Talkgroup"), comparable to a channel on a conventional system, for the exclusive use of Wylie. Talkgroups will be established for Wylie by Plano. Interlocal Agreement Between the City of Piano and the City of Wylie to use the City of Plano 800 Mhz Trunked Communications System Page 2 A:WYLIECRT(2/4 98) Feb-25-98 10: 02A City of Plano - PSC Dept . (972) 461 -7355 P . 04 3.02 The System Manager for Plano will not activate radios on Wylie Talkgroups nor make changes to Wylie radios without first receiving authorization from the designated representative of Wylie, unless in the opinion of Plano, such action is required to eliminate harmful interference. 3.03 Plano will also be responsible for: (1) coordinating Talkgroups into announcement groups; (2) grouping of Talkgroups to allow transmitting and receiving on all associated Talkgroups (Announcement group), as required by Wylie; (3) the operation, maintenance, and control of its System. IV. FEES 4.01 The fees to be paid for the services and use of the System shall be assessed against Wylie as follows: A. MONTHLY FEES. Monthly fees shall be as follows: (1) *Lease radio airtime (per radio, per month) $ 7.00 (2) Lease Taikgroup (per talkgroup, per month) $54.16 (3) Contract services (per month) $54.16 *includes Two Announcement Groups None of the charges listed above include the cost of maintenance of mobiles, portables, or control stations/points. Total fees for monthly service $5,571.84 The annual fees are based upon current radio units in service and supplying two (2) Talkgroups. This amount is subject to change by Plano when Wylie adds or deletes the number of radios and/or Talkgroups in service. Interlocal Agreement Between the City of Plano and the City of Wylie to use the City of Plano 800 Mhz Trunked Communications System Page 3 A:WYLIECRT(2/4/98) Feb-25-98 10 :02A City of Plano - PSC Dept . (972) 461 -7355 P . 05 V. PAYMENTS DUE For fees due under Article IV. an annual fee of FIVE THOUSAND SEVEN HUNDRED FIFTY-ONE AND 84/100 DOLLARS ($5,751.84) is due and payable within thirty (30) days of approval of this Agreement, for the first year and within thirty (30) days of the annual renewal date for subsequent years. All payments shall be made only from current revenues legally available to each respective party. VI. TERMINATION 6.01 Termination of this Agreement may occur by any of the following: (a) Either party may terminate this Agreement at any time by giving ninety (90) days advance written notice. Wylie shall pay for all fees incurred through the effective date of termination. (b) If Plano permanently discontinues operation of its System, this Agreement shall terminate on the date of discontinuance without further notice. (c) In the event of any default of any term, this Agreement may be forfeited at either party's discretion if the default is not cured within ten (10) days of written notice. VII. RELEASE AND HOLD HARMLESS Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may arise by reason or injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. In the event that a claim is filed, each party shall be responsible for its proportionate share of liability. VIII. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived Intertocal Agreement Between the City of Plano and the City of Wylie to use the City of Plano 800 Mhz Trunked Communications System Page 4 A:WYLIECRT(2/4/9B) Feb-25-98 10:02A City of Plano - PSC Dept . (972) 461-7355 P . 06 any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. IX. ASSIGNM ENT Neither party shall assign this Agreement to any other party without the prior written consent of the other. X. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Plano and Wylie and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XI. NOTICES Unless notified otherwise in writing, all notices required to be given to either party shall be in writing and delivered in person or sent by certified mail to the respective parties at the following addresses: Wylie Representative: Plano Representative: City Manager Director City of Wylie Public Safety Communications 2000 Highway 78 North. City of Plano Wylie, Texas 75098 P.O. Box 860358 (972) 442-8100 Plano, TX 75086-0358 (972) 516-2411 XII. AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. Plano has executed this Agreement Interlocal Agreement Between the City of Plano and the City of Wylie to use the City of Plano 800 Mhz Trunked Communications System Page 5 A:WYLIECRT(2/4/98) Feb-25-98 1O:03A City of Plano - PSC Dept . (972) 461 -7355 P . 07 pursuant to duly authorized action of the City Council on , 1998. Wylie has executed this Agreement pursuant to duly authorized City Council Resolution No. , dated , 1998. XIII. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice. XIV. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas. XV. INTERPRETATION OF AGREEMENT Although this Agreement is drafted by Plano, this is a negotiated document. Should any part of this Agreement be in dispute, the parties agree that the Agreement shall not be construed more favorably for either party. XVI. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. Interlocal Agreement Between the City of Plano and the City of Wylie to use the City of Plano 800 Mhz Trunked Communications System Page 6 A:WYLIECRT(214198) Feb-25-98 10 : 03A City of Plano - PSC Dept . (972) 461 -7355 P. 08 XVII. SUCCESSORS AND ASSIGNS The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this contract. Neither party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of both parties. EXECUTED this the day of , 1998. CITY OF WYLIE, TEXAS BY: Mike Collins City Manager APPROVED AS TO FORM: Richard Abernathy, CITY ATTORNEY CITY OF PLANO, TEXAS BY: Thomas H. Muehlenbeck City Manager APPROVED AS TO FORM: Diane C. Wetherbee, CITY ATTORNEY Interlocal Agreement Between the City of Plano and the City of Wylie to use the City of Piano 800 Mhz Trunked Communications System Page 7 A:WYLIECRT(2/4/98) Feb-25-98 10:04A City of Plano - PSC Dept . (972) 461 -7355 P . 09 ACKNOWLEDGMENTS STATE OF TEXAS ) ) COUNTY OF ) This instrument was acknowledged before me on the day of , 1998, by MIKE COLLINS, City Manager, of the CITY OF WYLIE, TEXAS, a home-rule municipal corporation, on behalf of such municipality. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the day of , 1998 by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public, State of Texas Interlocal Agreement Between the City of Plano and the City of Wylie to use the City of Plano 800 Mhz Trunked Communications System Page 8 A_WYLIECRT(2/4/98) WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION March 10, 1998 Issue Consider and act upon approval of Work Order No. WYL-24, authorizing The Hogan Corporation to proceed with the design of the remainder of the 1995 Bond Program Water Projects to be publicly bid. Background The Hogan Corporation will perform the Preliminary Planning Phase, Design Phase, and Construction Phase services for the proposed remaining water main improvements to be publicly bid. This work order will cover projects which will be publicly bid. The attached Work Order No. WYL-24 has exhibits which detail the specific projects and projected costs of construction. The projects itemized in the Work Order Attachment are listed in order of priority based on need for repair or level of service required. However, all of these projects will be bid under one construction contract. Construction is projected to begin in June or July of this year and will take approximately 150 days to complete. Most of these projects are located in the central, older section of town. The mains to be extended or replaced are within existing City rights-of-way or easements. No additional right- of-way or easement acquisition is anticipated. Since these projects are small individually, they will be grouped into one bid package to be awarded to one successful bidder. Board Recommendations N/A Financial Considerations These projects are being funded through the 1995 Bond Program. The projected cost for the proposed improvements to be publicly bid is $235,500.00. The original 1995 Bond Budget for this project was $239,425, which included projections for technical services as well as projected cost of construction. The total lump sum and not to exceed costs for Work Order WYL-24 is $20,500.00. The above total consists of engineering design, $16,000.00 and bidding and general review of construction, $4,500.00. No cost estimates have been furnished by the Hogan Corporation for additional services which could include engineering consultant hours, survey work, lab testing, and the preparation of right-of-way acquisition documents. Action Agenda Work Order WYL-24 Page 1 Financial Considerations -continued Additional services fee schedule is set out in the work order. The only additional services anticipated in this project would be preparation of, and acquisition of easements. This work order and water project is budgeted in the Utility Construction Fund and funds are available. Other Considerations The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and The Hogan Corporation (Engineer), as approved on July 27, 1993. Staff Recommendations Staff recommends approval of Work Order No. WYL-24. Attachments Work Order No. WYL-24 Attachment repared Revi ed by Fin nce City Man r Approval Action Agenda Work Order WYL-24 Page 2 03/02/98 16:20 f2972 490 7163 THE HOGAN CORP. WYLIE-PRICE W1002/019 March 2, 1998 WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO.WYL-24 This will constitute authorization by the City of Wylie, Texas (Owner), for The Hogan Corporation, Engineers-Planners-Consultants, Dallas, Texas (Engineer), to proceed with the following described engineering services. PUBLIC WORKS WATER SYSTEM IMPROVEMENTS A. PROJECT DESCRIPTION The Engineer shall perform the Preliminary Planning Phase, Design Phase, and Construction Phase Services and such other related Additional Services that may be authorized by the Owner for the proposed 1995 Bond Program Water System Improvements. Attachment 'A' itemizes the projects. Based on the approximate distance of the projects included in Attachment 'A', the projected construction cost for the proposed improvements is$239,425. The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas(Owner), and The Hogan Corporation(Engineer),as approved on July 27, 1993. B. PRE-WORK CONFERENCE The Engineer will meet with the Owner and other appropriate entities to discuss the design criteria, work program and schedule, procedures of communication, additional surveys, assignments of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of these water system improvements projects. Other work and review conferences will be scheduled throughout the progress of developing the project. —1— 03/02/98 16:21 ^v972 490 7163 THE HOGAN CORP. WYLIE-PRICE [4 003/019 March 2, 1998 C. DESIGN PHASE 1. Preliminary Planning a. Confirm the design criteria requirements, funding, and schedules with the Owner. b. Take additional photographs of the existing conditions along the route of the project site to identify areas of special concern in design and possible problems to resolve. c. Perform pre-design study of the proposed street and drainage improvements. d. Present recommended schematic layout, typical sections, alternatives for street construction, drainage systems design, and plan for the proposed initial phase of improvements. e. Prepare alternate layouts, where it may be needed during construction, for traffic flow and control,detours,turning movements,etc. f. Determine right-of-way and/or construction easement requirements and procedures for acquisition, where required. Establish limits of off-site drainage facilities. g. Identify potential areas requiring landscape restoration along the proposed alignment for the new curb and gutter and storm drainage improvements. h. Establish priorities for construction and scheduling for coordination with other projects in the area. i. Schedule, as needed, meeting(s) with representatives of the City of Wylie, property owners, and Collin County Department of Roads. j. Review previous field work completed, and determine additional surveys required. Establish the benchmark datum. k. Review subsurface conditions from soils investigation reports, and identify areas for additional study,where required. 1. Address other considerations of the project, such as utility relocations, adjustments, replacements,etc., and note locations where conflicts may occur. m. Prepare update on construction cost projection. -2- 03/02/98 16:22 $972 490 7163 THE HOGAN CORP. WYLIE-PRICE (j004/019 March 2, 1998 n. Proceed, upon written direction of the Owner, with the Design Phase services of the selected plan. 2. Preliminary Drafting a. Prepare preliminary work on plan sheets to include: Cover sheet; Location Map; Title blocks, north arrows, scales, benchmarks, etc.;and, Miscellaneous paving and storm drainage details, prepared per the City of Wylie Standards and Ordinances. b. Prepare preliminary work on specifications to include: Standard specifications; Special conditions; Cover sheet;and, Proposal, bid schedule, and contract documents. The construction documents will conform to the City of Wylie Standards. 3. Preliminary Design a. Reduce and plot field notes of profile, cross-sections, and topography. If weather conditions and scheduling of the Owner permit, aerial photographs may be considered in preparing the construction drawings. b. Confirm existing utility (water, sewer, drainage, gas, cable, TV, telephone, electric)locations,depths. c. Set preliminary alignments and locations for the proposed centerline, pavement transitions, and curb/gutters. d. Prepare preliminary layout of storm drainage system and water and sanitary sewer mains. e. Coordinate preliminary layout of improvements with the City of Wylie, Collin County,property owners,and utility companies. f. Field-check preliminary design. g. Present four (4) sets of preliminary design drawings and specifications with preliminary cost projections to the Owner for review and comment. 4. Final Plans and Specifications -3- 03/02/98 16:22 $972 490 7163 THE HOGAN CORP. WYLIE-PRICE 005/019 March 2, 1998 a. Draft plan and profile sheets to conform with final comments of the Owner from preliminary design review. b. Prepare final details. c. Prepare quantity of materials. d. Prepare final bid schedule, special conditions, specifications, proposal, and contract documents. e. Prepare projected cost of construction. f. Submit one (I) set of prints of the final plans and specifications to the utility companies for review and comment. g. Present two (2) copies of plans and specifications to the Owner for final approval and authorization to proceed with the Construction Phase. 5. Additional Services for Design Phase Coordinate Field Surveys with Owner's Surveyor: Locate existing structures and related facilities pertinent to design of the street paving, drainage, and utility improvements. Establish benchmark data for vertical control. Establish baseline and grid system for horizontal ground controls. - Obtain additional field data,cross-sections, etc., as necessary. - Obtain additional information of locations and depths of all existing underground utilities. D. CONSTRUCTION PHASE 1. Advertise and Receive Bids a. Coordinate the final printing of the construction plans and specifications for distribution to the proposed bidders. b. Notify individual qualified contractors of the project, and contact the Texas Contractor and Dodge Reports for publishing the description of the project and date for receiving bids. -4- 03/02/98 16:23 ' 972 490 7163 THE HOGAN CORP. . WYLIE-PRICE Z 006/019 March 2, 1998 c. Assist the Owner in securing, opening, tabulating, and analyzing of bids. The Engineer will furnish recommendations on the award of the contract based on the lowest qualified bidder. d. Assist in the engineering phases of the preparation of the formal contract documents between the contractor and the Owner. 2. General Review of Construction a. Meet (Pre-Construction Conference) with the Owner and the contractor to discuss the total work program and schedule, procedures of communication, additional surveys, field testing and inspection, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this improvement program. b. Make two (2) visits to the project site per month (as distinguished from continuous services of Resident Project Representatives). c. Consult and advise with the Owner during construction. d. Review shop and working drawings. e. Review tests of materials and equipment operation. f. Prepare monthly and final estimates for payment to contractor. g. Conduct final review of the project in the accompaniment of the Owner. 3 Additional Services for Construction Phase a. Arrange for and coordinate the services for printing the construction plans and specifications to be used in the distribution to prospective bidders. b. Perform on-site observations of construction performance on an as-called basis. This service will be performed as an addition to the two (2) routine site visits provided for in the General Review of Construction services(Item D.2.b.). c. Prepare record drawings of the completed project from information furnished by the Contractor and Owner's project representative. -5- 03/02/98 16:23 C'1'972 490 7163 THE HOGAN CORP. WYLIE-PRICE Z 007/0l9 March 2, 1998 E. RESPONSIBILITY OF THE OWNER Unless otherwise authorized in writing by the Owner for the Engineer to perform such other additional or special services,the Owner shall be responsible for the following services: 1. Provide the Engineer the assistance needed for collecting data from Owner's records for the design of the street paving, drainage, water, and sanitary sewerage system improvements. The acceptance and use of the data furnished by the Owner to the Engineer shall not operate to impose any obligation upon the Engineer to determine that the data is true,accurate, complete, or correct. 2. Provide the services of a qualified surveyor to furnish the necessary field data for the design of the proposed improvements. 3. Prepare field note descriptions for right-of-way acquisition where it may be required for revisions in street alignment, drainage structures, and utility improvements. 4. Prepare applications for routine permits required by Collin County. 5. Arrange for and coordinate the subcontract services of a Geotechnical Consultant for the soils investigation, as may be required. Also, the Geotechnical Consultant will investigate the soil conditions and recommend the requirements for preparing a trench safety program. 6. Authorize the Engineer to print, collate, and assemble an agreed number of plans, specifications,and bidding documents for distribution to prospective bidders. 7. Provide qualified personnel for daily observation of construction. 8. Furnish and coordinate qualified personnel to perform the field layout and staking for construction in accordance with the contractor's sequence of work to be accomplished. 9. Prepare daily reports of construction activities, with copies of reports furnished to the Engineer. If needed, daily report forms will be furnished to the Owner by the Engineer. 10. Advise Engineer by telephone, on a weekly basis, of the progress of work, problems encountered in construction, quality of work performed, and other matters concerning the project status. 11. Confirm the percentage of completion for work performed, as submitted by the contractor, during each month. 12. Furnish the local news media with Notice to Bidders and coordinate the appropriate times that the notice is to appear prior to the bid opening date. -6- 03/02/98 16:24 $972 490 7163 THE HOGAN CORP. -*--. WYLIE-PRICE E 008/019 March 2, 1998 F. BASIS OF COMPENSATION 1. Availability of Funds The Owner agrees that funds, to the extent required, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Proposal. All invoices submitted by the Engineer and approved by the Owner shall be paid within thirty(30)days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one and one-half percent (1-1/2%) of the unpaid balance, beginning thirty(30)days from the date of the statement. 2. Design Phase a. Engineering The Owner shall make payments to the Engineer for performing the engineering services described in the Design Phase, Section C.1., 2., 3., 4., on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of S16,000.00. b. Additional Services For Design Phase For performing the Additional Services For the Design Phase as described under Section C.5.,the Engineer will assist the Owner, as directed, and is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5. The Engineer is to be reimbursed for all direct non- labor, field surveys, and other subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. -7- 03/02/98 16:25 $972 490 7163 THE HOGAN CORP. 4,-, WYLIE-PRICE Z009/019 March 2, 1998 3. Construction Phase a. Advertise and Receive Bids For performing the Construction Phase services, as described in Section D.1., the Engineer is to be paid on a monthly billing basis in proportion to the services proposed herein which has been accomplished, as evidence by the monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The total compensation for the services performed shall be based on the lump sum amount of$1,000.00. b. General Review of Construction For performing the General Review of Construction, as described in Section D.2, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. Total compensation for the above services will not exceed$3,500.00. c. Additional Services For Construction Phase For performing the Additional Services For Construction Phase, as described in Section D.3., the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. 4. Other Special Services-(As Directed By The Owner) If authorized in writing by the Owner,the Engineer shall furnish other services or tasks in addition to the scope of services proposed herein. For performing these special services, the Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times a multiplier of 2.5, with the reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. —8— 03/02/98 16:25 $972 490 7163 THE HOGAN CORP. W'YLIE-PRICE Z 010/019 March 2, 1998 G. TIME FOR COMPLETION The design work to be performed, as authorized herein, is projected to be completed within ninety(90)calendar days after receipt of field survey information. APPROVED: ACCEPTED: CITY OF WYLIE, TEXAS THE HOGAN CORPORATION By _ By Mike Collins Gregory S. MacLean,P.E. City Manager Vice President Attest Attest Date Date -9- Cit • of Wylie ,y Texas Water Main Improvements Projects Remainder of 1995 Bond Projects Original Engineering Construction Projected Length Bond Design General Surveying Construction Priority Description (feet) Budget Services Review Services Cost 1 12"Water Main along Birmingham 1,800 $74,750 (SH 78 to Marble) 2 8"Water Main along US 78 near Motor Bank 200 $5,750 3 8"Water Mains Downtown 2,200 $63,250 Oak to Brown in alley west of Ballard Jackson to Ballard along Brown Ballard to First St.along Oak Oak to Marble in alley east of Ballard 4 8"Water Main along First St. 700 $20,125 (Brown to Marble) 5 8"Water Main along Marble(SH 78 to Fifth) 1,000 $28,750 6 8"Water Main along Ballard 1,300 $36,800 (Stone to creek) 7 12"Water Main along Stone Road 400 $10,000 (Quail Hollow to Stone Grove) Total of all Water System Projects: $239,425 $16,000 3,500.00 11,000.00 $205,000.00 WYLIE CITY COUNCIL FV111: ACTION AGENDA COMMUNICATION March 10, 1998 Issue Consider and act upon approval of Work Order No. WYL-25, authorizing The Hogan Corporation to proceed with the design of the remainder of the 1995 Bond Program Water Projects to be constructed by the City of Wylie. Background The Hogan Corporation will perform the Preliminary Planning Phase, Design Phase, and Construction Phase services for the proposed remaining water main improvements to be completed by City Forces. These projects will require, in some cases, the acquisition of easements across the currently undeveloped properties. The remainder will be constructed within existing City easements and/or rights-of-way. This work order will cover the remaining 1995 Bond Program water projects which are proposed to be constructed by City Forces. Work Order No. WYL-25 has an attachment which describes the specific projects and details the projected costs of construction for each. The attachment also shows the original bond budget amount and the new projected costs based on construction by City Forces. The projects have been prioritized according to system needs and listed accordingly. Before construction begins, Public Works will submit a detailed schedule of projected man hours and equipment costs for accounting purposes. This projection and schedule will be based on the design proposed herein. Based on the recently completed Alanis water main project, which was installed by City forces, a significant cost savings over the original bond budget is anticipated. Work performed will be done as City forces are available. No daily functions will be interrupted. These projects are located in areas which will not require any interruption or conflict with pedestrian or vehicular traffic. The methods required for the construction of municipal water mains do not require large work crews or large equipment for deep trenches. City of Wylie Public Works Department proposes to furnish all labor and equipment for the installation of the proposed improvements. The materials for these projects, including pipe, fire hydrants, valves, and all related appurtenances, will be advertised for bid by the City Purchasing Agent and Public Works. The Hogan Corporation will provide design and construction phase services on these projects. Action Agenda Work Order WYL-25 Page 1 Board Recommendations N/A Financial Considerations These projects are being funded through the 1995 Bond Program. The projected cost for the proposed improvements installed by City forces is $172,643.00. The original 1995 Bond Budget for these projects was $238,625.00, which included projections for technical services as well as projected cost of construction. The total lump sum and not to exceed costs for Work Order WYL-25 is $17,000.00. The above total consists of engineering design, $15,000.00 and bidding and general review of construction, $2,000.00. No cost estimates have been furnished by the Hogan Corporation for additional services which could include engineering consultant hours, survey work, lab testing, and the preparation of right-of-way acquisition documents. Additional services fee schedule is set out in the work order. The only additional services anticipated in this project would be preparation of, and acquisition of easements. This work order and water project is budgeted in the Utility Construction Fund and funds are available. Other_Considerations The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and The Hogan Corporation (Engineer), as approved on July 27, 1993. Staff Recommendations Staff recommends approval of Work Order No. WYL-25. Attachments Work Order No. WYL-25 Attachment Prepares by Revi ed by Fin nce City Man er Approval Action Agenda Work Order WYL-25 Page 2 03/02/98 16:25 $972 490 7163 THE HOGAN CORP. 9-,-) WYLIE-PRICE L 011/019 March 2, 1998 WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO.WYL-25 This will constitute authorization by the City of Wylie, Texas (Owner), for The Hogan Corporation, Engineers-Planners-Consultants, Dallas, Texas (Engineer), to proceed with the following described engineering services. PUBLIC WORKS WATER SYSTEM IMPROVEMENTS A. PROJECT DESCRIPTION The Engineer shall perform the Preliminary Planning Phase, Design Phase, and Construction Phase Services and such other related Additional Services that may be authorized by the Owner for the proposed 1995 Bond Program Water System Improvements. The projects included herein shall be constructed by City forces. Attachment 'A' itemizes the projects to be constructed by City forces. Based on the approximate distance of the projects included in Attachment 'A', the projected construction cost for the proposed improvements is$172,643. The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas(Owner),and The Hogan Corporation(Engineer),as approved on July 27, 1993. B. PRE-WORK CONFERENCE The Engineer will meet with the Owner and other appropriate entities to discuss the design criteria, work program and schedule, procedures of communication, additional surveys, assignments of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of these water system improvements projects. Other work and review conferences will be scheduled throughout the progress of developing the project. -1- 03/02/98 16:26 2Y972 490 7163 THE HOGAN CORP. W'YLIE-PRICE 012/019 March 2, 1998 C. DESIGN PHASE 1. Preliminary Planning a. Confirm the design criteria requirements, funding, and schedules with the Owner. b. Take additional photographs of the existing conditions along the route of the project site to identify areas of special concern in design and possible problems to resolve. c. Perform pre-design study of the proposed street and drainage improvements_ d. Present recommended schematic layout, typical sections, alternatives for street construction, drainage systems design, and plan for the proposed initial phase of improvements. e. Prepare alternate layouts, where it may be needed during construction, for traffic flow and control,detours,turning movements, etc. f. Determine right-of-way and/or construction easement requirements and procedures for acquisition,where required. Establish limits of off-site drainage facilities. g. Identify potential areas requiring landscape restoration along the proposed alignment for the new curb and gutter and storm drainage improvements. h. Establish priorities for construction and scheduling for coordination with other projects in the area. i. Schedule, as needed, meeting(s) with representatives of the City of Wylie, property owners, and Collin County Department of Roads. j. Review previous field work completed, and determine additional surveys required. Establish the benchmark datum. k. Review subsurface conditions from soils investigation reports, and identify areas for additional study,where required. I. Address other considerations of the project, such as utility relocations, adjustments, replacements,etc., and note locations where conflicts may occur. m. Prepare update on construction cost projection -2- 03/02/98 16:27 e972 490 7163 THE HOGAN CORP. -.-'-e WYLIE-PRICE Z 013/019 March 2, 1998 n. Proceed, upon written direction of the Owner, with the Design Phase services of the selected plan. 2. Preliminary Drafting a. Prepare preliminary work on plan sheets to include: Cover sheet; Location Map; Title blocks,north arrows, scales,benchmarks, etc.;and, Miscellaneous paving and storm drainage details, prepared per the City of Wylie Standards and Ordinances. b. Prepare preliminary work on specifications to include: Standard specifications; Special conditions; Cover sheet; and, Proposal, bid schedule, and contract documents. The construction documents will conform to the City of Wylie Standards. 3. Preliminary Design a. Reduce and plot field notes of profile, cross-sections, and topography. If weather conditions and scheduling of the Owner permit, aerial photographs may be considered in preparing the construction drawings. b. Confirm existing utility (water, sewer, drainage, gas, cable, TV, telephone, electric)locations,depths. c. Set preliminary alignments and locations for the proposed centerline, pavement transitions, and curb/gutters. d. Prepare preliminary layout of storm drainage system and water and sanitary sewer mains. e. Coordinate preliminary layout of improvements with the City of Wylie, Collin County, property owners, and utility companies. f. Field-check preliminary design. g. Present four (4) sets of preliminary design drawings and specifications with preliminary cost projections to the Owner for review and comment. 4. Final Plans and Specifications -3- 03/02/98 16:27 e972 490 7163 THE HOGAN CORP. --» WYLIE-PRICE Q]014/019 March 2, 1998 a. Draft plan and profile sheets to conform with final comments of the Owner from preliminary design review. b. Prepare final details. c. Prepare quantity of materials. d. Prepare final bid schedule, special conditions, specifications, proposal, and contract documents. e. Prepare projected cost of construction. f. Submit one (1) set of prints of the final plans and specifications to the utility companies for review and comment. g. Present two (2) copies of plans and specifications to the Owner for final approval and authorization to proceed with the Construction Phase. 5. Additional Services for Design Phase Coordinate Field Surveys with Owner's Surveyor: Locate existing structures and related facilities pertinent to design of the street paving,drainage,and utility improvements. - Establish benchmark data for vertical control. Establish baseline and grid system for horizontal ground controls. Obtain additional field data, cross-sections, etc.,as necessary. Obtain additional information of locations and depths of all existing underground utilities. D. CONSTRUCTION PHASE 1. Advertise and Receive Bids a. Coordinate the final printing of the construction plans and specifications for distribution to the proposed bidders. b. Notify individual qualified contractors of the project, and contact the Texas Contractor and Dodge Reports for publishing the description of the project and date for receiving bids. -4- 03/02/98 16:28 $972 490 7163 THE HOGAN CORP. w'YLIE-PRICE lA015/019 March 2, 1998 c. Assist the Owner in securing, opening, tabulating, and analyzing of bids. The Engineer will furnish recommendations on the award of the contract based on the lowest qualified bidder. d. Assist in the engineering phases of the preparation of the formal contract documents between the contractor and the Owner. 2. General Review of Construction a. Meet (Pre-Construction Conference) with the Owner and the contractor to discuss the total work program and schedule, procedures of communication, additional surveys, field testing and inspection, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this improvement program. b. Make two (2) visits to the project site per month (as distinguished from continuous services of Resident Project Representatives). c. Consult and advise with the Owner during construction. d. Review shop and working drawings. e. Review tests of materials and equipment operation. f. Prepare monthly and final estimates for payment to contractor. g. Conduct final review of the project in the accompaniment of the Owner. 3 Additional Services for Construction Phase a. Arrange for and coordinate the services for printing the construction plans and specifications to be used in the distribution to prospective bidders. b. Perform on-site observations of construction performance on an as-called basis. This service will be performed as an addition to the two (2) routine site visits provided for in the General Review of Construction services(Item D.2.b.). c. Prepare record drawings of the completed project from information furnished by the Contractor and Owner's project representative. -5- 03/02/98 16:28 $972 490 7163 THE HOGAN CORP. --- µ'YLIE-PRICE 4 016/019 March 2, 1998 E. RESPONSIBILITY OF THE OWNER Unless otherwise authorized in writing by the Owner for the Engineer to perform such other additional or special services,the Owner shall be responsible for the following services- 1. Provide the Engineer the assistance needed for collecting data from Owner's records for the design of the street paving, drainage, water, and sanitary sewerage system improvements. The acceptance and use of the data furnished by the Owner to the Engineer shall not operate to impose any obligation upon the Engineer to determine that the data is true,accurate, complete,or correct. 2. Provide the services of a qualified surveyor to furnish the necessary field data for the design of the proposed improvements. 3. Prepare field note descriptions for right-of-way acquisition where it may be required for revisions in street alignment,drainage structures,and utility improvements. 4. Prepare applications for routine permits required by Collin County. 5. Arrange for and coordinate the subcontract services of a Geotechnical Consultant for the soils investigation, as may be required. Also, the Geotechnical Consultant will investigate the soil conditions and recommend the requirements for preparing a trench safety program. 6. Authorize the Engineer to print, collate, and assemble an agreed number of plans, specifications,and bidding documents for distribution to prospective bidders. 7. Provide qualified personnel for daily observation of construction. 8. Furnish and coordinate qualified personnel to perform the field layout and staking for construction in accordance with the contractor's sequence of work to be accomplished. 9. Prepare daily reports of construction activities, with copies of reports furnished to the Engineer. If needed,daily report forms will be furnished to the Owner by the Engineer. 10. Advise Engineer by telephone, on a weekly basis, of the progress of work, problems encountered in construction, quality of work performed, and other matters concerning the project status. 11. Confirm the percentage of completion for work performed, as submitted by the contractor, during each month. 12. Furnish the local news media with Notice to Bidders and coordinate the appropriate times that the notice is to appear prior to the bid opening date. -6- 03/02/98 16:29 /T972 490 7163 THE HOGAN CORP. µ'YLIE-PRICE 1017/019 March 2, 1998 F. BASIS OF COMPENSATION 1. Availability of Funds The Owner agrees that funds, to the extent required, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Proposal. All invoices submitted by the Engineer and approved by the Owner shall be paid within thirty(30)days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one and one-half percent (1-1/2%) of the unpaid balance, beginning thirty(30)days from the date of the statement. 2. Design Phase a. Engineering The Owner shall make payments to the Engineer for performing the engineering services described in the Design Phase, Section C.1.,2., 3.,4., on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of$15,000.00. b. Additional Services For Design Phase For performing the Additional Services For the Design Phase as described under Section C.5., the Engineer will assist the Owner, as directed, and is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5. The Engineer is to be reimbursed for all direct non- labor, field surveys, and other subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. -7- 03/02/98 16:30 f2972 490 7163 THE HOGAN CORP. WYLIE-PRICE Q 018/019 March 2, 1998 3. Construction Phase a. Advertise and Receive Bids For performing the Construction Phase services, as described in Section D. the Engineer is to be paid on a monthly billing basis in proportion to the services proposed herein which has been accomplished, as evidence by the monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The City will coordinate the bidding of materials for construction. b. General Review of Construction For performing the General Review of Construction, as described in Section D.2,the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. Total compensation for the above services will not exceed$2,000.00. c. Additional Services For Construction Phase For performing the Additional Services For Construction Phase, as described in Section D.3., the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. 4. Other Special Services-(As Directed By The Owner) If authorized in writing by the Owner,the Engineer shall furnish other services or tasks in addition to the scope of services proposed herein. For performing these special services, the Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times a multiplier of 2.5, with the reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. —8— 03/02/98 16:30 $972 990 7163 THE HOGAN CORP. ->->-> WYLIE-PRICE Z 019/019 March 2, 1998 G. TIME FOR COMPLETION The design work to be performed, as authorized herein, is projected to be completed within ninety(90)calendar days after receipt of field survey information. APPROVED: ACCEPTED: CITY OF WYLIE, TEXAS THE HOGAN CORPORATION By By Mike Collins Gregory S. MacLean,P.E. City Manager Vice President Attest Attest Date Date -9- City Wylie,of Texas Water Main Improvements Projects 1995 Bond Program Projects to be Constructed by City of Wylie Public Works Work Force I Original Engineering Construction Projeted New Total Bond Budget Length Bond Design General Surveying Pub.Works Cost Minus Item Description (feet) Budget Services Review Services Cost* Projection Projected$ 1 8"Water Main from Cedar Ridge to Lanwood dead ends 1,200 $33,350 $18,579 2 12"(minimum)Water Main on West Brown 1,800 $46,000 $36,285 (NORTEX Greenhouse to Westgate) 4 8"Water Main Along Ann from Kamber to N.Ballard 1,350 $36,800 $23,945 (includes bore under N.Ballard) 5 8"Water Main from Park to Martin dead ends 4,000 $110,400 $58,415 6 8"Water Main From dead end behind nursing home 300 $6,325 $4,936 to Second St. #REF! 8"Water Main from Masters to Wylie Supermarket 300 $5,750 $5,183 Totals: $238,625 $15,000 $3,000 $7,300 $147,343 $172,643 $65,982 'Includes projected cost of materials,equipment rental WYLIE CITY COUNCIL r1/1 ACTION AGENDA COMMUNICATION March 10, 1998 Issue Consider and Act Upon approval of issuing Change Order No. 1 for Four-D Construction Company for the construction of the new 20-inch water main along FM 544. Background This project includes the construction of a new 20-inch water main from FM 1378 to the 750,000-Gallon Elevated Tank located on Decker Court in Steel Industrial Park. Change Order No. 1 represents a work performed by the Contractor as part of the compensation packages offered to the property owners along the water main alignment in return for the granting of utility easements to the City. A new utility easement along the south side of the future FM 544 right-of-way was required for this project to ensure that the new water main would not encroach the impending roadway widening project. Individual offers were made to the various property owners in consideration of the easements and were based on individual circumstances and specific property requirements. This Change Order No. 1 includes various water service connections for individual users, earthworks associated with drainage improvements, and two additional manholes. All of these items were included in the good-faith easement negotiations between the City and each Owner. Letter agreements with the Owners defined the terms of each easement and the City did not need to enact it's right of Eminent Domain and Condemnation. Board.Recommendations N/A Financial Considerations This project is funded entirely from the 1995 Bond Program, Phase II. The original contract amount for this project was $358,374. The total amount (net increase) of Change Order No. 1 is $21,755. The new contract price including Change Order No. 1 is $380,129. Please see attached Change Order No. 1 and Exhibit A. Change Order No. 1 represents a 6.1% increase over the original contract amount. Action Agenda Change Order No. 1 -Four-D Construction Page 1 Other Considerations The City of Wylie's Purchasing Manual, Chapter VIII, requires a Change Order be prepared when the contract amount changes by more than $10,000. Council approval is required for this action. Texas Local Government Code, Chapter 252.048 states that the original contract price cannot be increased by more than 25%. This Change Order represents a change in the contract price of less than 10%. Staff Recommendations Staff recommends approval of Change Order No. 1 in the amount of $21,755 Attachments Change Order No. 1 with Exhibit A Letter to Henry Garland dated 12/11/97 Letter from Hogan Corporation dated 1/31/98 Letter to Mr & Mrs Byboth dated 12/11/97 Prep red Rev. ed by Fin nce City Man er Approval Action Agenda Change Order No. 1 -Four-D Construction Page 2 CHANGE ORDER No. 1 PROJECT: New 20" & 16" Water Transmission Main along DATE OF ISSUANCE: February 26, 1998 FM544 OWNER: City of Wylie OWNER'S Project No. 2000 Hwy. 78 North Wylie, TX 75098 CONTRACTOR: Four D Construction, Inc. ENGINEER: The Hogan Corporation 10901 Stinson Drive 12900 Preston Road, Suite 620 Dallas, TX 75217 Dallas, Texas 75230 ENGINEER's Project No. THC No. 002-20.50 Description: 20" and 16"water transmission main Purpose of Change Order: Provide new service connections to adjacent property owners. Attachments: Exhibit "A" CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ 358,374.00 120 cal days substantial/150 cal days final days or date Previous Change Orders No._to No._ Net change from previous Change Orders $ 0 0 days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 358,374.00 120 cal days substantial/150 cal days final days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $ 21,755.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 380,129.00 120 cal days substantial/150 cal days final days or date RECOMMENDED: APPROVED: APPROVED: by by by rego . acLean,P.E. Mike Collins,City Manager The o n Cor oration�"n City of Wylie Four D Construction,Inc. / DATE: O DATE: DATE: FROM : PHONE NO. : P02 gout 2' Con3trtLC/Ion, lIG February 17, 1998 The Hogan Corporation 12900 Preston Road Suite 620 Dallas, Texas 75230 Attn: Greg MacLean Re: City of Wylie Changes 9 ca. •1 " Water Services @ $768.00 .ea. a $6,912.00 1 ea. 2" Water Services @ $829.00 ea. - 839.00 1 ea. 20 x 8 Tcc: w/Valve & 2 Services @ $2,876.00 ea. - 2,876.00 1 LS Excavate Channel , Fill In Old Tank, Remove & Swckpile Trees 0 $9,960.00 LS = 9,960.00 2 ca. 9' Manbo1 e $584 .00 ea . = 1 .168.00 FROM PHONE NO. : P©3 Distribution Group _ i. _ _ _ _ (((C Brunch A�<tltnl SalesI n In.o k. On. Inv.ic ULS.FILE hi.-- 10a 0542'i'/ f'li:1N•1'.I Sl:(1'f.,,l, 11/2L)/97 4377829 —.. ....taking care a the wurL!'s water. USF - Ud11dt3 R.mic Iv. PO Sox 56925n na11 ra. TY 75356 0,50 US FTT.'r F.R r>>'dTP.ItiuFIODI ei our DO DOX 60 2141631 -941U INVOICE DAI ,A3, �TX775204 U700 Total Amount Duo Illltitltftttlll,liltltlrllitltiIttlttltiiiiiIirlillll.l...11I shipped I..: FOUR D C:ON''iTRucT TnN POUR I) CONSTRUCTION oa;119 wry I i r% L I_xu:j Pt') BOX 422 7,7i0.00 vyI ig.. 'L'X 999,)9,t 0 - SEAGOVIr.r.P. TX 75159 042 t Return Top Portion With Payment For Faster Credit Thank You For The Opportunity To Ser va You. We appreciatw your prompt payment. - I)ATe Ordered t)ate Shipped 1 l'.Ian.)r Pl.)Ni.. Job Name Job Nv. hill of Lading Shipped Vri (.)rdcr Nunthcr 11/14/97 T T/19197 WY1.TR _- ryl.ie W.y�.<;L WYL I t-: __ 431:1g29 roduci Code l�uanru> l tualllil> _,, UCaciil,tit,n l racr�d �5111�IIR'll It d<'r.! Pilo.: Per Amount /52000705870 OTATION 0-2o 9, FREi:A :51. 1 1 Sao nn000 ' HA L. 4.nn MANHOLE /530007058RO STATION O�Au/ 0• nq,ECAcur L t 50:l.uuuuu PIA 584.00 MANHOLE 5 i lam:. _ u a U0..9. 'E'ItECAST . . _ __ tea., „..,�• ., /5300T7USRR7.._._... --sg,>e flN 2- y 8.1._1>sF-�+;4, I . I •. -341.-000uo I,A 54 — NHOiiE _perm.: Subtotal NET 30 _ 2,250.00 Freight Delivery I kindling Rcstoi.k Mist: Tax Invoice I•ottl ,250.0o THANK YOU FOR YOUR ORDER •*. zI)tIK Rr1gINE 1I, APPRECIATED ••+ P►easc pay this amount mi PLEA CALL IF WE CAN BE OF F'URTHFR Al;ti i ti'ranlrF MONTY 4tx1TT 214/431 9410 USF - uallao PO Box 569250 Distribution Group Dalian, Tx 75356 9250 Pdye: 1 i.te) U.S.FILTE INVOICE Invoit:r. II117R?A ...faking rare of Or wurldiv watel. } MO-Wylie December 11, 1997 Henry Garland 4131 Skyview Drive Wylie, Texas 75098 RE: Utility Easement - 20-inch water main along FM 544 Abstract No. 1061 , Tract 2 Dear Mr. Garland: This letter will serve as a "Letter of Agreement" for the acquisition of a utility easement across the above referenced properties. This "Letter Agreement" will also serve as written authorization for the contractor to proceed with the construction of the proposed improvements. Per the City of Wylie's easement acquisition offer, the City of Wylie agrees to install a water tap connection and meter and to reconnect an existing water tap. The new water tap and meter will be supplied by the City and installed by the contractor during the 20-inch water main construction. The City will also issue payment equal to $3 per lineal foot of easement, in the amount of $1 ,671 .00, Under the terms of the contract, the contractor is required to notify the property owners prior to beginning construction in the area. Any private property damaged or temporarily removed must be replaced in as good or better condition than it was prior to construction. The area between the utility easement and the existing FM 544 right-of-way will also serve as a temporary construction easement. This area must also be returned to it's pre-construction condition prior to final acceptance of the project by the City. If you agree with the terms outlined in this "Letter Agrocment", please sign both original copies of this letter, retain one for your records and return the 2000 Highway 78 North•Wylie.Texas 75098• (972) 442-8100• Fax(972)442-4302 other to the City of Wylie, attention Lisa Price. The legal documents for this easement have been prepared and will be hand delivered at your convenience for your signature. Very Truly Yours, Gre or MacLean, P.E. 9 ry The Hogan Corporation Engineer of Record City of Wylie, Texas The Undersigned Agrocs to the terms of This "Letter greeme " Henry Garlan ??/61 g Da e THE HOGAN CORPORATION Engineers • Planners • Consultants January 31, 1998 Bill and Jane Henry Coldwell Banker, Jane Henry Realtors 2710 W. FM 544 Wylie,TX 75098 Re: Terms and conditions for utility easement. Dear Mr. &Mrs. Henry: This letter will confirm and establish the terms for the granting of a utility easement across the north side of your property located at 2710 West FM 544 in Wylie,Texas. It will also serve as authorization by you to allow the City's contractor access to your property to perform the services detailed herein. You should be in receipt of a display showing the alignment of the proposed 10-foot wide easement for the construction of a new 20-inch water transmission main. The proposed easement runs from Hooper Rd. to your west property line along the future south line of FM 544. Based on our previous discussions,in consideration of the granting of said easement, the City will perform or supply the following items: 1. The City will authorize the water line contractor to construct a 'V' shaped drainage channel from the existing culvert under FM 544,west of Hooper Rd., along the south side of FM 544 to the west line of Hooper. From there, the channel will turn south and follow the west line of Hooper Rd. to your south property line. At that point,the channel will turn west and run along your south property line approximately 400 feet. It will then turn south and cross your south property line onto the Helmberger tract and then continue west to the northwest corner of the Helmberger tract where it will turn south and enter the existing creek. The channel will be constructed on your property from the FM 544 to your existing fence line near your southwest property corner. At this point, the channel will cross the property line onto the Helmberger tract. The channel will be constructed to accommodate a 100-year design frequency storm and it will have positive drainage from the culvert to the creek(it will drain dry). 2. After constructing the above-mentioned channel, the contractor will breach the dam of the existing tank and drain it. 3. The contractor will be instructed to remove the trees from the existing stock tank and dispose of them off-site. �IMember, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 t Member, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL: (972) 392-4600 FAX: (972) 490-7163 4. The contractor will roughly level the property in the vicinity of the tank by pushing in the side embankments and filling in the pond with excess material generated from the water main installation operations. 5. The City will provide one service connection to the new main which will be located in the field by coordinating with the property owner, City inspector, and contractor. - S Notes When the above terms have been reasonably fulfilled to the satisfaction of the City and the property owner, it is agreed that the final easement documents will be executed and filed. Please notify this office should you have any questions, comments or require additional information. By signing this Agreement Letter,you agree to the aforementioned terms and to execute the necessary utility easement when the terms have been satisfied. Retain one(1)copy of this letter agreement for your records and return the other to: Lisa Price,Project Coordinator City of Wylie 2000 SH 78 North Wylie, Texas 75087 Sincerely, - Gregory S. MacLean,P.E. The Hogan Corporation City of Wylie Engineer-of-Record The undersigned agrees to the terms listed. Bill Henry Jane HeruYi — 7 YY Date A,)o t 1 ' 8 The water service connection shall be a meter with a two ( 2 ) inch tap. The city and/or contractor shall install a meter and water line to the existing water feed line at the well house connection, at no cost to the Henrys ' . Also, the contractor shall complete items 3 and 4 within 30 days , weather permitting , of having completed laying the water main across our property. 4 tifiyr of V 4ie December 11 , 1997 Michael G. and Brenda Byboth 2722 W. FM 544 Wylie, Texas 75098 RE: Utility Easement - 20-inch water main along FM 544 Abstract No, 835, 5.71 Acres Dear Mr. & Mrs Byboth: This letter will serve as a "Letter of Agreement" for the acquisition of a utility easement across the above referenced properties. This "Letter Agreement" will also serve as written authorization for the contractor to proceed with the construction of the proposed improvements. Per the City of Wylie's easement acquisition offer, the City of Wylie agrocs that a 20" x 8" tee with an 8" parallel line connection will be installed at a location to be determined in the field, Water service connections will be made on this 8" parallel line for both the Byboth tract and the Davis tract, The City will also issue payment equal to $3 per lineal foot of easement, in the amount of $2,988,00, Under the terms of the contract, the contractor is required to notify the property owners prior to beginning construction in the area, Any private property damaged or temporarily removed must be replaced in as good or better condition than it was prior to construction, The area between the utility easement and the existing FM 544 right-of-way will also serve as a temporary construction easement. This area must also be returned to it's pre-construction condition prior to final acceptance of the project by the City, If you agree with the terms outlined in this "Letter Agreement", please sign both original copies of this letter, retain one for your records and return the 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100• Fax (972)442-4302 tkost other to the City of Wylie, attention Lisa Price. The legal documents for this easement have been prepared and will be hand delivered at your convenience for your signature. Very Truly Yours, 1.71 Gregory S. MacLean, P.E. The Hogan Corporation Engineer of Record City of Wylie, Texas The Undersigned Agroos to the terms of This "Letter Agreement" Michael G. Bybot enda Byboth /2 - - 97 Date WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION March 10, 1998 Issue Consider and Act Upon final acceptance of the reconstruction of approximately 1,250 linear feet of alleys between Briarwood, Dogwood and Woodhollow Streets from Stone Road to Briarwood Drive; provide authorization for Change Order No. 1, and issue final payment in the amount of$9,690.32 and accept the project as complete. Background On April 22, 1997, the Wylie City Council awarded a construction contract to L. Smith Contractors, L.C. for the City of Wylie Alley Reconstruction (between Briarwood, Dogwood and Woodhollow Streets from Stone Road to Briarwood Drive) project. This project involved the replacement of approximately 1,500 square yards of reinforced concrete alley. The work was primarily located in the alley between Dogwood Drive and Woodhollow Drive, from Stone Road northward about 1,100 feet. The remainder of the same alley had been repaved the previous year. L. Smith also repaved the alley between Briarwood Drive the Dogwood Drive, from its north endpoint at Briarwood to about 150 feet south. The reminder of this alley was also repaved in 1997 in a separate project. The old alleys had deteriorated badly and were an irritant to the neighborhood residents, whose driveways were accessed by way of the alleys. L. Smith began construction activities in May 1997. The project was substantially complete in October 1997. In a letter dated November 5, 1997 from the contractor's bonding agent, New York Surety Company (NYSC), the City was instructed to freeze any further payments due the contractor. It was mutually decided by the bonding company and city staff that the City would complete the remaining cleanup work yet to be done, deduct the expenses incurred, and make final payment direct to the bonding agent. This is explained in the letter from The Hogan Corporation dated February 17, 1998. The final cleanup items have been completed and the amount to be deducted is $3,006.52. The net final payment amount, to be issued to NYSC is $9,690.32. Action Agenda Briarwood, Dogwood& Woodhollow-Project Complete Page 1 Background -continued There is one Change Order involved in this project. It reflects the fact that the improvements in the alley between Briarwood Drive and Dogwood Drive were extended an additional 27 feet beyond what was originally planned. The original plans resulted in the alleyway stopping in the middle of a home owners driveway. It was extended to the corner of the property line in order to have a more logical stopping point. Change Order #1 adds a net amount of $4,910.00 to the original contract amount of $73,054.01, bringing the new final contract amount to $77,964.01. The project has been reviewed by representatives from The Hogan Corporation and the City of Wylie, with no deficiencies found. Council's authorization of final payment and acceptance of the project as complete would initiate the one-year warranty period. Financial Considerations The alley reconstruction project between Briarwood, Dogwood and Woodhollow Streets from Stone Road to Briarwood Drive is part of the FY1997 Street and Alley Program budgeted in the Street Department. The original contract as awarded was $73,054.01. Change Order No. 1 is $4,910.00 . The final contract amount including Change Order No. 1 is $77,964.01. The final payment due the Surety Company is $9,690.32. Other__Considerations Final acceptance of this project by the City Council will initiate the one year warranty period. Board/Commission Recommendations N/A Staff Recommendations Staff and The Hogan Corporation recommends approval of Change Order #1, issuance of final payment, and acceptance of the project as complete. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Letter from The Hogan Corporation, dated 2/17/98 Payment Request Change Order#1 and related documentation NYSC "Stop Notice" letter dated 11/5/97 NYSC letter dated 12/4/97 Prepared Rev. ed by Fin nce City Man er Approval Action Agenda Briarwood, Dogwood& Woodhollow-Project Complete Page 2 02/27/98 11:49 /2972 490 7163 THE HOGAN CORP. -)->-> WYLIE-PRICE Z 003/004 THE HOGAN CORPORATION February 17, 1998 Engineers • Planners • Consultants Mr.Mike Collins City Manager City of Wylie 2000 Hwy- 78 North Wylie,TX 75098 Attention: Lisa Price,Project Coordinator Re: Alley Reconstruction between Briarwood,Dogwood &Woodhollow fiom Stone Rd.to Briarwood THC#002-36.42 Dear Mr. Collins: We are submitting herewith for your review four(4)copies of Changer Order No. I and the Final Progress Estimate for the construction work completed by L. Smith Contractors,L.C.for the period from October 2 through October 31, 1997,on the above referenced project. The items included in this month's pay request have been reviewed and found to conform with the work actually performed. Change Order No. I is comprised of additional materials and labor required to extend the reconstruction of the alley between Briarwood Dr.and Dogwood Dr.,an additional 27 feet(see Attachment`A'). Change Order No. 1 adds a net amount of$4,910.00 to the original contract amount of$73,054.01,bringing the new final contract amount to$77,964.01. The City received a letter dated November 5, 1997 from New York Surety Company(NYSCO)which served as a "Stop Notice"with regard to any payments due to L. Smith Contractors(attached). After contacting NYSCO for clarification and direction on this matter, it was agreed that the City would complete the project(cleanup,etc.), deduct the expenses incurred,and make final payment direct to NYSCO(see attached letter dated December 4, 1997). The City estimates it has expended$3,006.52 to perform minor cleanup activities,joint sealing,and miscellaneous utility repairs. With your approval of Change Order No. 1 and this Final Progress Estimate,please execute all copies, retain two (2)copies for your files,return one(1)copy to this office,and send one(1)copy to New York Surety Company, 80 Cutter Mill Road, Great Neck,NY 11021,along with your remittance in the amount of$9,690.32. This is the final pay estimate for this project. Representatives from The Hogan Corporation and the City of Wylie recently performed a final walk-through. No deficiencies were noted in the work performed. Approval of the Final Pay Request and acceptance of the project will initiate the one-year warranty period. Yours very truly, THE HOGAN CORPORATION _ Pt GregorS.fPGlacLean,P.E. Vice President Enclosures Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ.Suite 620 - Member.American Consulting Engineers Council North Dallas Bank Tower Dallas,Texas 75230 TEL:(9721 392-4600 FAX:(9723 490-7163 CITY OF WYLIE PAYMENT AUTHORIZATION REQUEST 2/25/98 Date Lisa Price From 3/13/98 Due Date Return Check to Department Vendor No. Pay To: New York Surety Company 80 Cutter Mill Road Great Neck, NY 11021 Invoice Invoice Fund Dept No Object SAC Amount Number Date (>000 (CO() ()WON (>000() Final Payment 2/17/98 411 411 58210 0000 $9,690.32 GRAND TOTAL HHHoopwHiiiiiH Explanation: Final payment and acceptance for the alley reconstruction between Briarwood, Dogwood and Woodhollow from Stone Road to Briarwood. Council accepted the project as complete at the 3/10/98 City Council meeting. Acceptance initiated the one year warranty. Finance Dept. Department Head 02/27/98 11:49 $972 490 7163 THE HOGAN CORP. -*-- R'YLIE-PRICE Z 004/004 Application for Final Payment - Alley Reconstruction Owner. City of Wylie For Period From: October 2,1997 To: October 31,1997 Project Name: Alley Reconstruction between Briarwood,Dogwood Woodhollow from Stone Rd.to Briarwood Owner's Project No__ Engineer's Project No.: 002-36 Contractor: L.Smith Contractors,L.C. Address: 130 A Palisades Universal City,TX 78148 CONTRACT AMOUNT CONTRACT TIME Amount of Contract as Awarded: $73,054.01 Contract Date: May 13, 1997 Change Orders: Start Date: May 13. 1997 #1 $4.910.00 Time Allotted: 120 cal.days #2 Time Extensions: 0 cal.days #3 Revised Contract Time; 120 cal.days #4 Elapsed: 171.00 cal.days #5 %Time Elapsed: 142.50% k6 Remaining: -51 cal.days Total Change Orders: $4,910.00 Total Adjusted Contract: $77,964.01 ESTIMATE SUMMARY Amount Completed to Date(See Attached): $77,964.01 Material on Hand(See Attached): PROJECT TOTAL TO DATE: 100.00% $77,964.01 Less 0% Retainage: $0.00 Less additional retainage from 2nd pay estimate $2,083.23 Less additional retainage for incomplete clean-up work $750.00 Less additional retainage for water bill reimbursement $173.29 Less Previous Payments: $65 267.17 local Deductions: $68,273.69 {$68,273.69) TOTAL AMOUNT DUE THIS ESTIMATE: $9,690.32 Recommended: lz/� Approved: By: _By: yr.77/709 Date: Date: Engineer City of Wylie 2/17/98 Page 1 App for Payfinal-Alleys LSmith.xls Attachement "A" CHANGE ORDER No. 1 PROJECT: Alley Reconstruction between DATE OF ISSUANCE: February 2, 1998 Briarwood, Dogwood, & Woodhollow From Stone Rd. to Briarwood OWNER: City of Wylie OWNER's Project No. _ 2000 Hwy. 78 North Wylie, TX 75098 CONTRACTOR: L. Smith Contractors, L.C. ENGINEER: The Hogan Corporation 130 A Palisades 12900 Preston Road, Suite 620 Universal City, TX 78148 Dallas, Texas 75230 ENGINEER's Project No. THC No. 002-36 Description: Alley demolition and concrete repaving Purpose of Change order: Quantity overruns due to extending an additional 27 feet along the alley. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ 73,054.01 90 cal days substantial/120 cal days final days or date Previous Change Orders No. to No. Net change from previous Change Orders $ 0 0 days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 73,054.01 90 cal days substantial/120 cal days final days or date Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order $ 4,910.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 77,964.01 90 cal days substantial/120 cal days final days or date RECOMMENDED:S APPROVED: APPROVED: by '`:�!40,, • by by Gregory S. MacLean, P.E. Mike Collins, City Manager The Hogan C po tiona City of Wylie L. Smith Contractors, L.C. DATE: G- ir DATE: DATE: CITY OF WYLIE ALLEY RECONSTRUCTION Pay Estimate No.,fr '5 .1g. - Quantity ----- Quantity I 1 _ "-T Quantity Comptet©d Completed r Contract I Completed Amount To Date Retain�ge Original Unit Price.IPrevious Period Amount his pen,i Item No. Quanii Unit Description $16.001 485 $7,760.00 $O.00I 485 $776.00 1 473 C.Y. �UnclassTied Street _ _-I,_____, 1--- � xgvaGon I $8.00 1767 $14,136.00( $0.00 1767 $1,413.60 2 1,569 emoval of existing '� _ _ -- oncrete alley _g� $120.00 $600.00 I �4�2 _$000 I___ -- $1,200.00 3 2 djusting Manhole I- ,$3.251744 $5,668.04I 50.00 1744I b566.80 4 1,712 "Lime Stabil'¢ed �___. .I_____� ISubarade 7 1J2°�_-.__._ 32 $256.00 - - 32 $2,560.00 $0.00 i9 Ton Hydrated Lime ___- I_ $80.00 _ -._ ---• _._5_ � ( �,� 303 $8,484.00 1419 $3,973.20 $28.00r '� �1116I $31,248.00I ' 419 oD` _ ' --___1_ ( - -'Alley Pavement __.___. ------ -...� --I---- -•--,-.- _ 52.790.001 2,790.00 I 200 I $600.00 1 $30.00� �'� �� $3,210.001 .1 0, - ---) 1 7 107 S.Y. Installing Reinforced --- a 1 . -_ _I� I 1 Concrete Drvway Pavement ,I, ___I 2-0 -I- - -----, 'i $0.00 8b8 $808.00I 808 >+80.80 $1.00 8 B08 S.Y. Install Seeding IL__ --+ I 73 b 10.00 ' $1.37 - --- 50.001 73 I $100.01 I 1 9 I 7 _Installing fertilizer _.___ --- $64,582.00 $13,382.01 $7,796A0 Jan 22 98 08: 41a Rebecca Rogers 972-442-8154 p. 1 i p to M nt pegs ,JCRETE PENETRATING COMP) Fa'N R7673Is/ ! INVOICE 3 2 6 9 0 DIV'r 6F SMITH CONSTRUCTION GROUP, To 1• RD�p" Y CUSTOMER 1t P.O. BOX 35766 Jt ROfg t;F Z90603. DALLAS, TEXAS 75235 Fax. (214) 634-2990 • METRO (972)263-5641 From • P�/`( PURCHASE ORDER K CUSTOMER JOB (:honor 1 1 c, __ SOLD TO: JOB LOCATION: CITY OF WYLIE 0010—PNC) ALLEY ATTN: LISA PRICE DOGWOOD @ WOODHOLLOW 2000 HWY. 78 NORTH WYLIE, TX. WYLIE TX 75098 JO NUMBER TAX AREA SALES TERRITORY TAX STATUS DATE 2970010 1-09 K rC 12-1-8 97 ITSA( CUT RANDOM CRAB RS s ICCLEAN & QUANTITY UNIT UNIT PRICE AMOUNT SEAL RANDOM CRACKS & JOINTS IN CONCRETE PAVEMENT USING MEADOWS #1190 SEALANT: JOINTS 660 LF • • 'RANDOM CRACKS 200 LF MINIMI)M CHARGE 750.00 NOTE: PLEASE RETURN A SALES TAX EXEMPT CERTIFICATE FOR THE ABOVE REFERENCED PROJECT. GRAND TOTAL 750.00 PLEASE PAY BY INVOICE. STATEMENT SENT BY REQUEST ONLY. TERMS - NET DUE 30 DAYS TERMS: It is understood and agreed that payment of all accounts shall be Due and Payable at our corporate office in Dallas, Dallas County, Texas and interest may be charged on past due balances at the maximum rate allowed by law. Further, if the account is placed with an attorney for collection, customer agrees to pay reasonable attorney fees. IMF APP17Fr1eTF vr111R ctllcuorcc NEW YORK SURETY COMPANY 80 CUTTER MILL ROAD GREAT NECK, NY 11021 516-482-2141 FAX 516-482-2844 November 5, 1997 City of Wylie 200 Highway 78 West Wylie, TX Re: Principal: L. Smith Contractors Obligee: City of Wylie Bond#: 61513 Project: Alley Reconstruction Dear Sir/Madam: This letter constitutes a Stop Notice to the City of Wylie with respect to any payments due or to become due to L. Smith Contractors under either the subject contract or any other contract between City of Wylie. As surety, New York Surety Company (NYSCO) has received claims under various bonds that we have issued on behalf of L. Smith Contractors from subcontractors and/or laborers of L. Smith Contractors claiming monies due for labor and/or materials furnished in connection with various projects. In connection with the issuance of the bonds by New York Surety, L. Smith Contractors (and certain individual Indemnitors) executed an Agreement of Indemnity in favor of New York Surety. A copy of the Agreement of Indemnity is attached to this letter. I direct your attention to Paragraph's "Third" and "Eighteenth" of the Agreement of Indemnity. In accordance with these provisions, the City of Wylie is directed to hold all contract monies earned by L. Smith Contractors until such time as to assure NYSCO's satisfaction of L. Smith Contractors's contract requirements. Please advise as to the status of the Contract and funds currently being held by the district. Also, please confirm, in writing your receipt of this letter and the City of Wylie's intentions of honoring NYSCO's Stop Notice. Very truly yours. Maureen Hardy Claims Manager 12/09/97 13:33 $972 490 7163 THE HOGAN CORP. 4-0-4 WYLIE-PRICE Z 002/002 SENT BY: 12- 4-97 :10:26PM : NEW YORK SURETY-, 972 490 7163:# 1t 1 NEW YORK SURETY COMPANY 80 CUTTER MILL ROAD GREAT NECK. NY 11021 518-482.2141 FAX 516-422.284A December 4, 1997 Mr. Gregory MacLean, P.E. The Hogan Corporation 12900 Preston Road at LB.!. Suite 620 North Dallas Bank Tower Dallas,TX 75230 Re: Principal: L. Smith Contractors Obligee: City of Wylie Project: Alley Reconstruction Bond#: 61513 • Dear Mr. MacLean: Pursuant to our conversation, please accept this letter as authorization for the City of Wylie to complete the clean up work that needs to be done and to be deducted from the monies you have retained for this. Below is a list of potential claimants that have contact us: Charles O.Jenkins Bodin Concrete Co.,Inc. Frank Gonzales Felipe Hernandez Nova Construction Company As I stated,at this time I do not know the validity of these claims. From some of the correspondence it may take awhile to validate them. We ask that the balance of the contract monies(after the cleanup costs) be sent directly to New York Surety Company. If any additional paperwork is needed to complete this transaction please let me know. Also,if you are aware of any other potential claimants that are not listed above or if you have any additional information on the ones that are,I would appreciate it if you would let me know. Please do not hesitate to contact me if!can be of further assistance and thank you for all of your help. Very truly yours. \ tee... Alkt zw Diane Schrieber Claims Department • AMERICAN NATIONAL BANK WYLIE,TEXAS 75098 0 24082 0 8 2 �rar : (� L I-, 11,51". OPERATING ACCOUNT .P4 �rupa 2000 HIGHWAY 78 NORTH q! q�p 88-151/1119 ,- f ,p �� ; WYLIE,TX 75098 �' ggbi�g Mira` e 0 DATE CHECK NO. AMOUNT 10/17/97 24082 $10,421 .80 PAY $10,421*DOLLARS & *80*CENTS VOID AFTER 90 DAYS To L. SMITH CONTRACTORS, LC ORDER 130 A PALISADES NON-NEGOTIABLE OF UNIVERSAL CITY, TX 78148 1160 21,08 20' ': 111,90 15 i 94:400 5 0000 5H' CITY OF WYLIE (972)442-8143 VENDOR NO. 024082 INV.DATE INVOICE NO. P.O.NUMBER 30 I 44U ACCOUNT NUMBER AMOUNT _0/08/97 PAY REQUEST # 4 411 411 58210 0000 10,421 .80 CHECK DATE 10/17/97 a CHECK AMOUNT-4 10,421.80 • CITY OF WYLIE PAYMENT AUTHORIZATION REQUEST 10/13/97 Date Lisa Price From 10/17/97 Due Date c� � I - � � Return Check to Department Vendor No. Pay To: L. Smith Contractors, L.C. 130 A Palisades Universal City, Texas 78148 Invoice Invoice Fund Dept No Object SAC Amount Number Date (XXX) (XXX) (X XXX) (XXXX) Pay Request#4 10/8/97 411 411 58210 0000 $10,421.80 • GRAND TOTAL Explanation: Construction work completed from 9-8 through 10-1-97 on the'97 alley reconstruction project between Briarwood, Dogwood &Woodhollow � ' /"/') AP 9,- k)v Finance Dept. r Department ` a�~ `� Hea 1 3 THE HOGAN CORPORATION Engineers • Planners • Consultants October 8, 1997 Mr. Mike Collins City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Attention: Lisa Price, Project Coordinator Re: Alley Reconstruction between Briarwood, Dogwood &Woodhollow from Stone Rd. to Briarwood THC#002-36.42 Dear Mr. Collins: We are submitting herewith for your review four(4) copies of Progress Estimate No. 4 for the construction work completed by L. Smith Contractors, L.C. for the period from September 8 through October 1, 1997, on the above referenced project. The items included in this month's pay request have been reviewed and found to conform with the work actually performed. With your approval of this Progress Estimate No. 4, please execute all copies, retain two (2)copies for your files, return one (1) copy to this office, and send one (1) copy to L. Smith Contractors, L.C., 130 A Palisades, Universal City, TX 78148, along with your remittance in the amount of $10,421.80. Yours very truly, THE HOGAN CORPORATION Jim Jenks, E. .T. Enclosures cc: Mr. Gregory S. MacLean, P.E. °IIi Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 Q Member,American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL: (972) 392-4600 FAX: (972) 490-7163 Application for Payment No 4 - Alley Reconstruction Owner: City of Wylie For Period From: September 8, 1997 To: October 1, 1997 Project Name: Alley Reconstruction between Briarwood,Dogwood &Woodhollow from Stone Rd.to Briarwood Owner's Project No.: Engineer's Project No.: 002-36 Contractor: L.Smith Contractors, L.C. Address: 130 A Palisades Universal City,TX 78148 CONTRACT AMOUNT CONTRACT TIME Amount of Contract as Awarded: $73,054.01 Contract Date: May 13, 1997 Change Orders: Start Date: May 13, 1997 #1 Time Allotted: #2 120 cal.days #3 Time Extensions: 0 cal.days Revised Contract Time: 120 cal.days #4 Elapsed: 141.00 cal.days #5 %Time Elapsed: 117.50% #6 Remaining: -21 cal.days Total Change Orders: $0.00 Total Adjusted Contract: $73,054.01 ESTIMATE SUMMARY Amount Completed to Date (See Attached): $77,056.00 Material on Hand (See Attached): PROJECT TOTAL TO DATE: 105.48% $77,056.00 Less 10% Retainage: $7,705.60 Less additional retainage from 2nd pay estimate $2,083.23 Less additional retainage for incomplete clean-up wor $2,000.00 • Less Previous Payments: $54.845.37 Total Deductions: $66,634.20 ($66,634.20) TOTAL AMOUNT DUE THIS ESTIMATE: $10,421.80 Recommended: Ap ved: By/ - By: / /a 8/ 7 Date: _�� Date: Engineer City of Wylie 10/8/97 Page 1 App for PayNo 4-Alleys LSmith CITY OF WYLIE ALLEY RECONSTRUCTION Pay Estimate No. 4 --- ^- giantity _^ - Quan�ty I,_ -- uanty mpleted C ) ompleted Contract I Completed Amount To Date Retainage Unit Price•Previous Period Amount his Peri pescri lion � ( 485 $776.00 TEft $16.00 I 485 , . IUnclasstied Street _ _��---_Exgvation ( $0.00 17671767 $14,136.00Removal of existing I I _ concrete alley Z, $120.00 $600.00 �`001 2 $1,200.00 _ - 3 2 EA Adjusting Manhole— __-.� 50.40 1744 $566.80 $3.25 1744 $5.668.001 4 1,712 S.Y. 6" Lime Stabil'¢ed _ ----- S ubgrade�7 112°�61 -.--- $0.00 $256.00 _..\___ 5 4_____ on Hydrated Lime __ I_ r- 001 1419 $3,973.20'--- $28.00 1116I $31,248.001 303 $8,484.00 L 6 �1,419S.Y. �Reintorced Concrete - ` -__} _ _.._. Alle Pavement __-_____ -- --1 -� I- I 200 $600.00 Y-- 93 52,790.00I ------�--1 - - - $30.00. 1071 $3,210.00 I i 7 107 S.Y. lnstalling Reinforced i -__� - i Concrete Drvway Pavement __I^ _J_... -I-- - - _ 8 $I_ $: „.00 $1.00 .__ $0,�00 A^ 8 608 S.Y. Install Seeding _ ___ - 404 -- ioo 0 $ �01 —-- $1.37 - -- - $0.00 — iZ,4fifoo -r- .io 73 L.B. Installing fertilizer -------- J� $7. 9 AO I 9 ----- $64,582.00 $� 41 OCT-01-97 WED 11 :4 ' rri City of Wylie Concrete Alley Reconstruction Wylie, Texas75098 Pay Estimate Number4 Contractor: L. Smith Contractors, L.C. of y Location: CityWylie, Concrete Alley Reconstruction (between Bdarwood Dogwood, and Woodhollow,from Stone Rd. to Briawood) Address: 130 A Palisades Universal City, Tesas78148 Engineers estimate of work completed as of Scheduled completion.Date:zQ.j/97 573,054.00 Original Contract Amount 0 a PA Change Orders Approved ,3a New Total Contract Amount 00.00 Materials on Site 00.00 Change Orders Completed • 564,582A0 Work on Original Contract �0�� 677�o56.c�o's31 Total Value of Work to Date �,7�705.60 464 less zo% Retained � �,Esr►n�•re �2,og3.Z3 4J L116 AODITlOtJfL. ReTh'H'E for . Ss�,B4'S•37 ,g, Les Previous P o0 LC`.aS f t7iosr �R AiwM FOR ►Nco,�Rets Gl Ct+•rvi' `"aR"- 2,00O• �S12,043-$0-� it 10,42I.80 .t 3.1 Amount Due this Period Certification is hereby made that this estimate is bite, correct and eligible for payment • Contr Date Manager, Constructions Inspection Date Construction Inspector Date Contract Administration Date WYLIE CITY COUNCIL p/.°1 Worksession March 10, 1998 Preliminary Fee Schedule Worksession Preliminary Fee Schedule Page 1 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 CITY SECRETARY § I Ord 6 I Fee Description I CurrettAmount I Changes? I Recom.Amount I Other Changes I Justification COPIES: for Open Records $0.10/one-side of page Use state charges Purposes (standard copy) as required. Non standard copy is listed in State Charge Schedule 26.00 84-16, 89- Coin operated machine permit $7.50 per machine NO N/A Recommend 15 move to Comm. Dev. 27.00 84-16 Dance hall license $100.00 per year NO N/A Recommend move to Com. Dev. 28.00 84-16 Pool hall License $100.00 per year NO N/A Recommend move to Corn. Dev. 14.00 85-51 B Taxicab/Limo Permits 2% of gross receipts per YES $25.00 per Recommend year permit/per year move to Police Dept. CSEC-05.WPD 1 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 MUNICIPAL COURT § I Ord# I Fee Description I CurrentAmount I Changes? I Recom.Amount I Other Changes I Justification 48.00 96-24 Building Security Fee $3 NO Same None N/A 37.00 87-45 Defensive Driving Attendance - $10 NO Same None N/A Offence Dismissal Fee 36.00 87-45 Service Fee for Serving Warrants of $25 (using $35, any new YES $35 None Bringwatrant fee Arrests Ord.?) in agreement with State fees. MCT-05.WPD 1 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 ANIMAL CONTROL and POLICE § I Ord# I Fee Description I CunentAmount I Changes? I Recom.Amount I Other Changes I Justification 18.01 89-2,1-10- Registration Permit Fee $3.00 if sterilized/$10.00 YES $2.00 if sterilized/ 89 if not $5.00 if not 18.02 87-57, & Fee for lost permit tag $1.00 NO Same 7, 10-13- 87 18.03 89-2& 4, Impoundment and Adoption Fees Impoundment-1st Offense- YES Impoundment-1st 1-10-89 $20.00+$2.00 a day Offense-$20.00+ Impoundment-2nd Offense- $5.00 a day $20.00+ $4.00 a day Impoundment - Adoption: $20.00 per 2nd Offense - animal $30.00+$5.00 a day Impoundment - 3rd Offense - $40.00+$5.00 a day+citation Adoption Fee - $10.00 18.04 89-2,&8, Trap Deposits $40.00 YES $60.00 1-10-89 18.05 92-5, & 1 Dangerous Dogs $50.00 Annually/ $25.00 NO Same (15.03),3- Change of Address 10-92 17.01 90-6, &3, Commercial Permit Fee (Alarm $20.00 annually NO Same None 3-27-90 System) 17.03 90-6, & Charge for Direct Alarm System $20.00 Annually NO Same None 14, 3-27- 90 17.02 90-6 &4, Charge for False Alarms Varies; based on type of NO Same None 3-27-90 alarm 30.01 82-23,&1, Wrecker Rotation List Fee New Application $10.00 NO Same None 11-22-82 annually/Renewal $5.00 annually 30.02 93-17 & Wrecker Service Rate Schedule Varies; based on service NO IX(30.02), provided 3-9-93;Ord No.95-26, &1,10-10- 95 Fingerprinting $.00 YES $5.00 per None card/ADULTS POL-05.WPD 1 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 FIRE § I Ord# I Fee Description I Cure ntAmount I Changes? I Recom.Amount I Other Changes I Justification 46-77 92-3 and Aeresol Products $0.00 Yes $25.00 Annual Permit 94-52 46-77 92-3 94 Flammable and Combustible $ 0.00 Yes $ 25.00 Annual Permit Liquids 46-77 92-3 94-52 Underground Tank Install or $ 0.00 Yes $ 50.00 Per Job Remove 46-1 46- 64-2 92-3 Bum Permit $ 25.00 Yes $ 50.00 14 Day Permit 77 94-52 46-77 92-3 94-52 Fruit Ripening $ 0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Fumigation or Thermal Insecticidal $0.00 Yes $25.00 Annual Permit Fogging 46-77 92-3 94-52 Hazardous Materials $0.00 Yes $50.00 Annual Permit 46-77 92-3 94-52 Hazardous Production Materials $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 High-piled Combustible Storage $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Liquefied Petroleum Gases $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Places of Assembly $0.00 Yes $25.00 Annual Permit 46.77 92-3 94-52 Pyrotechnical Special Effects $0.00 Yes $25.00 Annual or Per Material Event 46-77 92-3 94-52 Radioactive Material $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Refrigeration Materials $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Spraying or Dipping $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Tents, and Temporary Membrane $0.00 Yes $25.00 Annual Permit Structures 46-77 92-3 94- Tire Storage $0.00 Yes $25.00 Annual Permit 52 46-77 92-3 94- Welding and Cutting Operations $0.00 Yes $25.00 Annual Permit 52 46-77 92-3 94-52 Liquid or Gas Fueled Vehicles or $0.00 Yes $25.00 Annual or Event Equipment in Assembly Buildings 46-77 92-3 94-52 Lumber yards $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Magnesium Working $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Mall,Covered $0.00 Yes $25.00 Annual or Per Event 46-77 92-3 94-52 Organic Coatings $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Ovens, Industrial Baking and $0.00 Yes $25.00 Annual Permit Drying 46-77 9 2 - 3 Aircraft Refueling Vehicles $0.00 Yes $25.00 Annual Permit 94052 46-77 $92-3 94- Aircraft Repair Hanger $0.00 Yes $25.00 Annual Permit 52 Yes 46-77 92-3 94-52 Asbestos Removal $0.00 Yes $25.00 Per Job ` 46-77 92-3 94-52 Automobile Wrecking Yard $0.00 Yes $25.00 Annual Permit FIRE-05.WPD 1 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 FIRE § I Ord it I Fee Description I CurrentAmount I Changes? I Recom.Amount I Other Changes I Justification 46-77 92-3 94- Bowling Pin or Alley Refmishing $0.00 Yes $25.00 Per Job 52 46-77 92-3 94-52 Candles and Open Flames in $0.00 Yes $25.00 Annual Permit Assembly Areas 46-77 92-3 94-52 Carnivals and Fairs $0.00 Yes $25.00 Duration of Event 46-77 92-3 94-52 Cellulose Nitrate Film $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Cellulose Nitrate Storage $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Combustible Fiber Storage $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Combustible Material Storage $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Compressed Gasses $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Commercial Rubbish Handling $0.00 Yes $25.00 Annual Permit Operation 46-77 92-3 94-52 Cryogen $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Dry Cleaning Plants $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Dust-producing Operations $0.00 Yes $25.00 Annual Permit 46-77 92-3 94-52 Explosives and Blasting Agents $0.00 Yes $25.00 Annual or Per Job Permit 46-77 92-3 94-52 Fire Hydrants and Water Control $0.00 Yes $25.00 Per Job Valves 46-77 92-3 94-52 Fireworks(Event) $0.00 Yes $500.00 Per Event FIRE-05.WPD 2 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 COMMUNITY DEVELOPMENT § I Ord# I Fee Description I CurrentAmount I Changes? I Recom.Amount I Other Changes I Justification 2.01 93-17 BuildingPemits(Dwellings,up to 4 $420/unit YES Add$.010/sq.ft. Larger buildings units) take longer to inspect. 2.01 93-17 New Commercial Building Permits $50/min, based on NO N/A (apartments, accessory bldg., $3/$1000 of value remodels,fmish-outs) 2.01 93-17 General Building Permits(additions, $50 min., based on NO N/A etc.) $3/$1000 of value 2.02 93-17 Building Permit- minor(re-roof, $35 YES $50 min. Same as other etc.) (non-dwelling) building permits. 2.02 93-17 Certificate (or Change) of $50 NO Occupancy 2.02 93-17 Electrical Fixtures Permit $35 YES Add $50 for Commercial Commercial. takes.longer. 2.02 93-17 Annual electrical---??? $200 YES delete delete 2.02 93-17 Clean and Show(Electrical)Permit $35 NO 2.02 93-17 Fence Permit $20 NO 44.00 78-15 Fence Permits Fees $6 YES D e 1 e t e Code of (duplication in ordinances not ord) current. 2.02 93-17 Demolition Permit $35 NO 2.02 93-17 House Moving Permit $35+$10,000 surety bond YES $50 Retain bond. 43.00 85-34A House Moving Permit Fees $100 + $10,000 surety NO This is based on bond the old ordinance. 2.02 93-17 Lawn Sprinkler(Irrigation)Permit $35 YES Add $50 for commercial. 2.02 93-17 Mechanical Permit $35 YES Add $50 for Commercial commercial. takes longer. 2.02 93-17 Plumbing Permit $35 YES Add $50 for Commercial commercial. takes longer. 2.02 93-17 Fire Sprinkler Permit $35 YES Add $50 for Commercial Commercial. takes longer. 2.03 93-17 Reinspection Fee $35 YES $50 2.03 93-17 Temporary Service/construction $35 YES Add $50 for Commercial Heat(Electrical permit) commercial. takes longer. 2.03 93-17 Pre-brick Inspection Fee $35 NO 2.02 93-17 Banner Permit $35,limit two per calendar YES yr,not exceeding 30 days in length 2.02 93-17 Sign Permit $35 YES $50 2.02 93-17 Weekend Directional Signs(per sign $75 NO Implement rules. per year) 2.01 93-17 Pool or Spa Building Permits $80 YES $125 Current rates are too low. 1 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 COMMUNITY DEVELOPMENT IOrd# I Fee Description I CurrentAmount I Changes? I Recom.Amount I Other Changes I Justification 2.01 93-17 Temporary Buildings Permits(office $80 NO trailers,etc) 31.01 74-9, 93- Massage Establishment Permit Fee $75 NO 17 31.02 74-9 Massage Establishment - Fee for $200 NO Sales,Transfer,or Change of Name 32.00 84-27, 83- Junkyard&Salvage Yard License $250 NO 17 Fees 34.00 9 0-2 4 A, Health(Food Service Establishment, $150 new and annual YES Add $50 for 9 0-2 5 A, Food Store)Permit renewal Temporary permit. 93-17 29.00 89-13 Garage Sale Permit Fees $5 limited to 4 consecutive NO days twice per calendar year 46.00 93-17 Sexually Oriented Business $500 NO 24.00 78-15, 93- Annual Wastewater Pretreatment $100 YES Actual (based on City pays 17 Fee NTMWD budget) NTMWD based on budget. Need to collect from pretreatment customers on same basis. 23.00 78-23 Sidewalk & Driveway Approach $4 YES $35 Permit 22.03 85-5 Manufactured Home(Park)License $500 NO Fee 22.02 89-16 Manufactured Home(Park)Annual $10 per occupied space NO Inspection Fee 22.01 83-18A Manufactured Home(Park)Permit $300+$50/space NO Fee to.00 84-12 Peddler's/Solicitor's Fees $20/first person, $10/ea. YES $35/permit + Retain bond. addt'l+$1000 surety bond $15/person 2.04 93-17 Master Electrician License(annual) $100-new, $75-renew NO within 30 days 2.04 93-17 Electrical Examination $25 YES delete,no longer give exams 2.04 93-17 Journeyman Electrician License $25 NO (annual) 2.04 93-17 Electrical Contractor Registration $75 NO (annual) 2.04 93-17 Fire Sprinkler Contractor $75 NO Registration(annual) 2.04 93-17 Lawn Sprinkler Contractor $75 NO Registration(annual) 2.04 93-17 Mechanical Contractor Registration $75 NO (annual) 2.04 93-17 Plumbing Contractor Registration $75 NO (annual) 2 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 COMMUNITY DEVELOPMENT § I Ord# I Fee Description I CurrentAmount I Changes? I Recom.Amount I Other Changes I Justification 47.00 ? Weeds;Rubbish;Insanitary Matter $150/lot or tract of land NO 45.00 96-25 Right-of-way Abandonment Fee Fair Market Value NO 41.00 79-16 Charges for Mowing&Removing $37.50 + cities cost for NO Brush&Unsightly matter mowing, addt'l charge of $37.50 if over 44,000 sq.ft. 3 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 PLANNING and ZONING IOrd# I Fee Description I CurrentAmount I Changes? I Recom.Amount I Other Changes I Justification 2.06 84-12 Developmast/Subdivision Inspection 1% of Estimated NO Fees Infrastructure Costs 8.00.b 84-12, 93- Final Plat Fee $150.00+$3/lot in subdiv. NO 17 or $7/acre, whichever is greater 8.00.b 84-12, 93- Preliminary Plat Fee $125+$2/lot in subdiv.or NO 17 $5/acre, whichever is greater 8.00.b 84-12, 93- Re-plat Fee(same as plat fee) $125+$2/lot in subdiv.or NO 17 $5/acre 8.00.a 84-12, 93- Zoning Fees(STRAIGHT) $200 + $25 per zone NO 17 classification 8.00a N/A Zoning Fees (PLANNED none YES 5 - 30 acres = DEVELOPMENT) $500 31 - 100 acres = $1,000 >= 101 acres = $2,000 8.00.c.2 84-12, 93- Application Fee - Sign Board of $100 YES Same as Zoning 17 Appeals Board of Adjustment - COMBINE 8.00.c.3 84-12, 93- Application Fee - Construction $35 YES $100 17 Advisory&Appeals 8.00.c.1 84-12, 93- Application Fee-Zoning Board of $100 NO 17 Adjustment 8.00.c.4 84-12, 93- Application Fee - All Other $100 NO 17 Applications Fees 12.00 86-16, 88- COPIES:up to 8 1/2 X 14,50 Pages $0.10 each YES Delete State Fee 8,93-17 or less of Readily Available Schedule Information 12.00 86-16, 88- Copies: 50 or More Pages of $0.85/first page, $0.15 ea. YES Delete State Fee 8,93-17 Readily Avail.Information additional page Schedule 12.00 86-16, 88- COPIES:Any Quantity Deemed to $0.70/first page, $0.15 ea. YES Delete State Fee 8,93-17 Be Not Readily Available addt'l page + actual labor Schedule costs incurred in providing requested information 12.00 86-16, 88- COPIES: 11 x 17 $0.50 YES Delete State Fee 8,93-17 Schedule 12.00 86-16, 88- COPIES: 14x18 $0.50 each YES Delete Not available 8,93-17 12.00 86-16, 88- COPIES:18 x 24(Cannon) $4 each,per side YES $3 each,per side Omit"Cannon" Closer to actual 8,93-17 cost. 12.00 86-16, 88- COPIES:24 x 24(Cannon) $5 each,per side YES Delete Not available. 8,93-17 12.00 86-16, 88- COPIES: 30 x 24(Cannon) $6.50 each,per side YES Delete Not Available. 8,93-17 12.00 86-16, 88- COPIES: 36 x 24(Cannon) $7.50 each,per side YES $3 each,per side Omit"Cannon" Closer to actual 8,93-17 cost. P&Z-05.DAT 1 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 PLANNING and ZONING IOrd# I Fee Description I CurrentAmount I Changes? I Recom.Amount I Other Changes I Justification 12.00 86-16, 88- COPIES: 42 x 24(Cannon) $9 each,per side YES Delete Not available. 8,93-17 12.00 86-16, 88- COPIES: 48 x 24(Cannon) $10 each per side YES Delete Not available. 8,93-17 12.00 86-16, 88- COPIES:Blue Line Prints-18 x 24, $3 each YES Delete Not available. 8,93-17 24 x 24,24 x 36 12.00 86-16, 88- COPIES: Blue Line Prints-36x36, $5 each YES Delete Not available. 8,93-17 36x48,42x48 12.00 86-16, 88- COPIES: Map Scale, Blue Line $15 each NO 8,93-17 Prints-1 inch=500 fed 12.00 86-16, 88- COPIES: Map Scale, Blue Line $6 each no • 8,93-17 Prints-1 inch=1,000 fed 12.00 86-16, 88- COPIES: Map Scale, Blue Line $3 each NO 8,93-17 Prints-1 inch=2,000 fed 12.00 86-16, 88- COPIES: Base Maps-1 inch=200 $15 each NO 8,93-17 fed to 3 feet x 6.5 feet 12.00 none COPIES: Color Zoning Map, ? YES Need a fee to computer generated charge. 12.00 86-16, 88- COPIES: Large Zoning Map - 1 $20 NO 8,93-17 inch=500 fed(4 sheets ea.3x3.5 feet) 12.00 none COPIES: Blue Line Zoning Map $6 YES 12.00 86-16, 88- COPIES: Splicing Fee for Maps $5 YES Delete No longer 8,93-17 available. 12.00 86-16, 88- COPIES: Code of Ordinances $50 YES 8,93-17 12.00 86-16, 88- COPIES: Subdivision Ordinance $20 YES Actual Combine all Amounts change 8,93-17 Book "book" fees in as"books"come ord. &go. 12.00 86-16, 88- COPIES: Zoning Ordinance $15 YES 8,93-17 12.00 86-46, 88- COPIES: Paving Standards $6.60 YES 8,93-17 12.00 86-16, 88- COPIES: Water&Sewer Design $3.40 YES 8,93-17 Manual 12.00 86-16, 88- COPIES: Storm Drainage Design $19.05 YES 8,93-17 Manual 12.00 86-16, 88- COPIES: Land Use Assumption $1.40 YES 8,93-17 Manual 12.00 86-16, 88- COPIES: Land Use Map-Color $2 NO 8,93-17 12.00 86-16, 88- COPIES: Thoroughfare Map(b/w) $1 YES Delete 8,93-17 12.00 86-16, 88- COPIES: Comprehensive Plan $50 8,93-17 Manual P&Z-05.DAT 2 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 PLANNING and ZONING IOrd N I Fee Description I CurrentAmount I Changes? I Recom.Amount I Other Changes I Justification 12.00 86-16, 88- COPIES: Parks & Open Space $35 8,93-17 Master Plan 12.00 none COPIES: Paving Standard $10 Yes Construction Details 12.00 none COPIES: Water&Sewer Standard $10 YES Construction Details 12.00 none COPIES: Storm Drainage Standard $10 YES Construction Details P&Z-05.DAT 3 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 PARKS and RECREATION § I Ord# I Fee Description I CurreatAmount I Changes? I Recom.Amount I Other Changes I Justification 21.00 93-17, 85- Rental: Community Center $6/hr. + $50 (no food)or YES $10/hr. or$15/hr. Board 34a $100(with food)Deposit- business or non- Recommendation n/c for Civic groups resident + $100 deposit 42.01 93-17 Athletic Field: Usage Fee $2/person/season NO 42.02 93-17 Athletic Field: Tournament $100-$160 NO Reservations 42.03 91-2 Athletic Field: Light Usage Fees $4/hour NO 42.04 93-17 Athletic Field: Marking $4 - $5 per marking, NO $1.50/chalk bag 16.00 87-15 Parkland Dedication Fee $225 per dwelling unit NO PRK-05.WPD 1 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 LIBRARY IOrd# I Fee Description I Cu rentAmount I Changes? I Recom.Amount I Other Changes I Justification 19a 66-1 Books and Audiovisuals(cs's,books 10 cents per day YES Change on tape,and software) ordinance to read "materials" instead of "books" whidh will include videos, audio- visual materials, and equipment. I9b 66-1 Encyclopedias 50 cants per day yes 10 cants per day 19c Video Cassettes and Equipment $1.00 per day No Lost Books $3.00 processing fee and the N e w cost of the book. Listing Damaged Books $3.00 processing fee and the N e w cost of the book Listing 66-1 Lost Library Cards $1.00 N e w Listing Copies per Page(Suggest Addition 10 cents per day N e w to section 19 for copier fee service) Listing Laminating Fee 50 cents per inch N e w Listing 21 93-17 Rental for Bluebonnet Room for $6.00 an hour YES No charge Civic Groups. (The Library has not been collecting deposits on the Bluebonnet Room.) 21 93-17 Bluebonnet Room for Individuals $50.00 deposit YES No charge and Non-civic groups without food or beverage. (The Library has not been collecting deposits on the Bluebonnet Room.) 21 93-17 Bluebonnet Room Charge for $100.00 deposit required YES No charge Individuals with food and beverage. (Ihe Library has not been collecting deposits on the Bluebonnet Room.) LIBR-05.WPD 1 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 PUBLIC WORKS § I Ord# I Fee Description I CurrentAmount I Changes? I Recom.Amount I Other Changes I Justification 20.00 74-14 Excavation Permit Fee Various Costs NO 7.00 85-8, 90- Maintance Bonds Various (100% of NO 20,90-17 Infrastructure in Development-1 yr.) 5.00 85-51 Street Reconstruction Fees Various Costs NO 13.00 85-47 Sweeping Fee for Private Lots $.05 per 100 sq.ft. YES Delete Not done by City anymore. t.no 87-48 Water and Sewer Tap Fee $125 - $560 + Mat. & YES $750 Includes Labor for some taps 1"meter only material, labor, meter deposit. More on larger meter. Ill 84-12 Reset Meter Charge None Charged NO 1.15 86-87 Replace Sewer Caps $5 NO 1.14 86-87 Replace Meter Box $15 NO 1.12 84-12, 90- Pro Rata Water&Sewer $10 L.F./$500 per acre NO 5,93-7 1.13 90-5 Development/Subdivision Water Rates in effect NO (Lowest in effect applied to calculation) 4.00 84-12 Spec.District Fees $110(Rush Creek)&$165 NO (Muddy Creek) PWKS-05.WPD 1 City of Wylie, Texas Schedule of Fees in Force March 6, 1998 UTILITY BILLING § I Ord# I Fee Description I CurrentAmount I Changes? I Recom.Amount I Other Changes I Justification 1.04 84-12 Retumed Check Charge $15 YES $20 To bring in line with average fees. 1.08 87-48 Special Service Connection Fee(for $25 NO Same Day Service requested later than loam) n.o1 87-48 Water & Sewer Svc. Customer Res.=$60,Cmrc'l.=$125 NO Will be addressed Deposit with future rate studies. 1.05 84-12 Utility Account Establishment $5 NO Planto address in Charge(aka Newcomer Fee) future study. 1.02 96-2 Water Rates Min Chg.+ Vol. Chgs. NO Willbeaddressed (varies by Account Type) in future rate studies. 1.03 93-18 Sewage Collection Rates Min.Chg. +Volume Chg. NO Will be addressed (varies by Account Type) in future rate studies. 9.00 97- Garbage,Trash Sc.Brush Fees various NO Recently amended BFI contract. 1.06 90-18 Past Due Acct..Penalty;Restoration Late=$1 or 5%;Reconnect NO Fees ar in line charges $30, $45, $10 (various with Area types) Average. 1.07 87-48 Temporary Connection Charge(aka $20 NO "Clean-up Fee") 1.09 84-12 Special Meter Reading Charge $10 NO 1.16 90-18 Meter Testing Fee $0(for once every 2 yrs.)up NO to$20dep(refund if meter is fast) UB-05.WPD 1 WYLI E CITY COUNCIL P'11: Worksession March 10, 1998 Wylie Economic Development Corporation - Project Update. Worksession Wylie Economic Development Corporation-Project Update Page 1 Wylie Economic Development Corporation MEMORANDUM TO: Mike Collins, City Manager FROM: Samuel Satterwhite, Executive Director SUBJECT: Project Update DATE: March 6, 1998 Background: Over the past 18 months, staff has been updating the Wylie City Council on issues surrounding CPI Communications, L.G. Motorsports, Inc., and Hoffman Blast Room Equipment relocations. Since February 23, 1998 the Wylie Economic Development Corporation (WEDC) has executed Loan Agreements with each entity. The following analysis describes in detail each Loan Agreement, real and personal property impacts, square footage of new facilities being constructed, and the number of new employees which will impact the City of Wylie. Analysis: CPI Communications CPI Communications is an electronics assembly firm which has purchased 1.156 acres of land within Premier Business Park. CPI will construct a 14,000 square foot facility at the northwest corner of the Park and employ approximately 25 individuals. As detailed in the attached Loan Agreement, CPI purchased property for $50,094. Should there be no Event of Default by CPI (Page 6, Section 6), the WEDC will forgive each annual principal and interest payment over a three year period. In addition, the WEDC will be reimbursing CPI for costs associated with moving and relocating to Wylie in the amount of$2,882. CPI also has a right of first refusal on 0.88 acres of land directly to the north of their existing tract as depicted on Exhibit B to the Loan Agreement. While CPI intends to expand its 14,000 square foot facility on this tract in the future, the WEDC Board of Directors wanted to ensure that this property is utilized to its utmost potential (new facilities and employees). The right of first refusal is detailed in Section 3, a(iii) of the Loan Agreement. Over the next three years, CPI will generate approximately $29,402 in property taxes to the Wylie Independent School District (WISD) and the City of Wylie. A property tax analysis has been attached to the Loan Agreement. WEDC - Project Update March 6, 1998 Page 2 L.G. Motorsports L.G. Motorsports manufactures high performance auto parts. As well, L.G. manages and participates in racing teams within a racing league similar to the Nascar circuit. Mr. Gigliotti, President and owner of L.G. Motorsports, has lead in accumulated points within this league 3 of the last 5 years. L.G. has purchased 2 acres of property fronting State Highway 78, within Century Business Park. L.G. is constructing a 12,000 square foot facility to employ approximately 22 individuals. Construction costs for this facility is $322,832 with a personal property value of approximately $250,000. This project is of particular interest to the WEDC due to its location within Century Business Park. Century has remained undeveloped over the past 15 years. The above activity within Century is hoped to spark future development in the area. The WEDC entered into a Loan Agreement with Mr. Gigliotti in the amount of$25,832 with said Loan Agreement being attached for your review. These funds will be released to the financing institution upon the release of the final draw under the construction loan. Provident Bank of Wylie will be financing this project with Mr. Gigliotti establishing a line of credit and moving business accounts to Provident. Under the terms of the Loan Agreement and assuming no events of default (Section 6 of the Loan Agreement), the WEDC will forgive equal and annual principal payments on the $25,832 note over a three year period. On the date each principal payment is due, the WEDC Board of Directors will consider forgiving each interest payment as well. Over the next three years, L.G. will generate approximately $39,612 in property taxes to the Wylie Independent School District (WISD) and the City of Wylie. A property tax analysis has been attached to the Loan Agreement. Hoffman Blast Room Equipment Hoffman Blast Room Equipment designs and manufactures a variety of blast room machinery ranging from small, pre-welded and assembled blast rooms and paint booths to completely installed, turnkey facilities including the reclamation systems necessary to properly dispose of the blast material and abrasives. Mr. Hoffman was first attracted to Wylie because of the WISD Tech Prep Program and the availability of property within Premier Business Park. Hoffman maintains offices on Los Rios Boulevard in Plano. Mr. Hoffman currently has an exclusive agreement with a firm outside of Houston to perform all manufacturing aspects of his business which Mr. Hoffman personally oversees. This exclusive agreement expires on December 31, 1999. At that time Mr. Hoffman intends to have a new office and manufacturing facility designed, constructed, and fully operational within Premier Business Park. Two phases of construction will be implemented by Hoffman. Phase I will consist of a 6,000 square foot office building which will accommodate 11 employees. Immediately following the completion of Phase I, Phase II will begin with the construction of a 28,000 square foot fabrication facility which will accommodate approximately 14 employees (8 employees may be relocating from the Houston facility). WEDC - Project Update March 6, 1998 Page 3 A large portion of property surrounding the fabrication facility will be outside storage of materials and finished products awaiting delivery. As originally proposed by Mr. Hoffman, the desired surface surrounding the storage area and fabrication facility was requested to be a crushed concrete base. The WEDC Board of Directors did not believe this to be the type of development desired within Premier Business Park and suggested that a combination of concrete and asphalt be used in place of the crushed concrete. The WEDC and Hoffman estimate that this combination of concrete and asphalt will cost Hoffman $164,869 in excess of the 100% crushed concrete design. A site plan of the Hoffman facility has been attached to the Loan Agreement for your review. Hoffman has purchased 8.42 acres within Premier Business Park located at the southwest corner. While this amount of property appears to be far in excess of the property requirements for a combined 34,000 square feet of building, the City Council must keep in mind that approximately 4 acres at the southernmost portion of the property is within the Collin County Soil Conservation District. Construction is generally prohibited within this District and is virtually useless to the WEDC. A concession by Hoffman was to purchase property to the southernmost property line so as to put this useless property on the tax roles. A depiction of the entire tract is attached as Exhibit B to the Loan Agreement. Hoffman will purchase both tracts from the WEDC for $183,366 with this amount reflecting an average cost of $0.50 per square foot. This amount takes into account the Soil Conservation District. It is hoped that the property will have an appraised value of$366,775 ($1.00 per square foot). The Loan Agreement is in effect for five years with $183,366 forgiven if there is no event of default (Section 6 of the Loan Agreement). As discussed above, the WEDC insisted on Hoffman developing the property far in excess of building requirements for the City of Wylie (asphalt and concrete opposed to crushed concrete). To assist Hoffman in that upgrade, the WEDC has agreed to Loan Hoffman $164,869, also being the difference in construction cost. $65,000 of the total loan amount is subject to forgiveness if there is no event of default. The balance of$99,869 is not subject to forgiveness. To ensure that the WEDC's investment ($99,869) is protected to the fullest, the WEDC will not be subordinating any Note on the property to any financial institution financing the construction. This should not present a problem to Hoffman due to the fact that Phase I will be paid for in cash, and Phase II will only require approximately $150,000 - $200,000 in financing. Over the next five years, Hoffman will generate approximately $174,808 in property taxes to the Wylie Independent School District (WISD) and the City of Wylie. A property tax analysis has been attached to the Loan Agreement. Recommendation: This is an information item only. The WEDC Board of Directors and staff would like to thank the City Council and City staff for their continued efforts to promote industrial development. Only through the cooperation which has been exhibited between the City of Wylie, WEDC, WISD, and Chamber of Commerce will Wylie remain competitive in our economic development efforts. LOAN AGREEMENT Borrower: CPI COMMUNICATIONS, INC. 1186 Commerce Dr. Richardson, Texas 75081 Lender: WYLIE ECONOMIC DEVELOPMENT CORPORATION P.O. Box 1467, 108 West Marble Wylie, Texas 75098 WHEREAS, THIS LOAN AGREEMENT ("Agreement") between CPI COMMUNICATIONS, INC., a Texas corporation (herein referred to as "Borrower"), and the WYLIE ECONOMIC DEVFT,OPMENT CORPORATION, a Texas non-profit corporation ("Lender"), is made and executed on the terms and conditions set forth herein; and WHEREAS, Borrower has applied to Lender for an additional loan or loans and other financial accommodations, including those which are described in this Agreement and those which may be described on any exhibit or schedule attached to this Agreement. All such loans and financial accommodations, together with all future loans and financial accommodations from Lender to Borrower, are referred to in this Agreement individually as the "Loan" and collectively as the "Loans." Borrower understands and agrees that: (a) in granting, renewing, or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements, as set forth and provided for in this Agreement; (b) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender's sole judgment and discretion; and (c) all such Loans shall be and shall remain subject to the following terms and conditions of this Agreement. NOW, THEREFORE, Borrower and Lender agree as follows: SECTION 1. TERM. This Agreement shall be effective as of February 17, 1998, and shall continue thereafter until all obligations of Borrower to Lender have been performed in full and the parties terminate this Agreement in writing, or on February 17, 2001, unless terminated sooner under the provisions hereof. SECTION 2. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Texas Uniform Commercial Code. LOAN AGREEMENT J:\LIT\SHC\CORP\189059.1 - Page 1 a. Agreement. The word "Agreement" means this Loan Agreement, together with all exhibits and schedules attached to this Loan Agreement from time to time, if any. b. Borrower. The word "Borrower" means CPI COMMUNICATIONS, INC., a Texas corporation. c. Construction Loan. The words "Construction Loan" means that certain construction loan extended to Borrower by American National Bank Wylie (the "Bank") for the construction of the Building (defined hereinafter) on the Property (defined hereinafter). d. Deed. The word "Deed" means that certain Warranty Deed with Vendor's Lien between Lender as Grantor and Borrower as Grantee covering the Property (defined hereinafter). e. Deed of Trust. The word "Deed of Trust" means that certain Deed of Trust covering the Property (defined hereinafter) and securing Note 1 (defined hereinafter) by granting Lender a lien on such real property, such lien to be subordinated to the Construction Loan. f. Event of Default. The words "Event of Default" mean and include any of the Events of Default set forth below in the section entitled "Events of Default." g. Indebtedness. The word "Indebtedness" means and includes without limitation all Loans, together with all other obligations, debts and liabilities of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower, or any one or more of them; whether now or hereafter existing, voluntary or involuntary, due or not due, absolute or contingent, liquidated or unliquidated; whether Borrower may be liable corporately or jointly with others; whether Borrower may be obligated as a guarantor, surety, or otherwise; whether recovery upon such Indebtedness may be or hereafter may become otherwise unenforceable. h. Lender. The word "Lender" means the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation, its successors and assigns. i. Loan. The word "Loan" or "Loans" means and includes any and all loans and financial accommodations from Lender to Borrower, whether now or hereafter existing, and however evidenced, including without limitation those loans and financial accommodations described in this Agreement and described on any exhibit or schedule attached to this Agreement. j. Note 1. The word "Note 1" means the interest bearing Real Estate Lien Note to be executed by Borrower upon execution of this Agreement in the principal amount of LOAN AGREEMENT J:\LIT\SHC\CORP\189059.1 -Page 2 Fifty Thousand and Ninety-Four and No/100 Dollars ($50,094.00)and bearing a variable interest rate determined annually equal to Wall Street Prime plus 1%. Interest shall begin to accrue on Note 1 on February 17, 1998. Note 1 shall be payable in three (3) equal annual installments of Sixteen Thousand, Six Hundred and Ninety-Eight and No/100 Dollars ($16,698.00) plus accrued interest with the first annual payment being due on February 17, 1999. Note 1 shall be governed by the terms and conditions set forth in this Agreement and in Note 1. Furthermore, Note 1 shall be secured by the Deed of Trust defined herein, but be subordinated to the Construction Loan. k. Note 2. The word "Note 2" means the non-interest bearing Promissory Note to be executed by Borrower upon execution of this Agreement in the principal amount of Two Thousand, Eight Hundred Eighty-Two and No/100 Dollars ($2,882.00) due upon demand, but not later than August 1, 1999, by and between the parties hereto. Note 2 shall be governed by the terms and conditions set forth in this Agreement and in Note 2. 1. Property. The word "Property" means that certain tract of land approximately 1.15 acres in size and located in Premier Industrial Park in the City of Wylie, Collin County, Texas, such Property more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes. m. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, facilities agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereafter existing, executed in connection with Borrower's Indebtedness to Lender. SECTION 3. AFFIRMATIVE COVENANTS. Borrower covenants and agrees with Lender that, while this Agreement is in effect, it shall comply with the following terms and conditions: a. Incentives. Borrower shall be entitled to the following incentives in accordance with the terms and conditions set forth below. Borrower shall submit to lender a written request for any advance in accordance with the terms hereof prior to any disbursements of the loan proceeds under the Notes: (i) Note 1. Upon the execution of this Loan Agreement, Borrower shall execute Note 1 as consideration for Lender's execution of the Deed in favor of Borrower, as secured by the Deed of Trust to be executed by Borrower. On or before May 1, 1998, Borrower shall commence construction of a manufacturing and assembly facility on the Property, as evidenced by the City's issuance of a building permit, such building to be at least fourteen thousand (14,000) square feet in size (the "Building"). The Building shall be constructed to satisfy the LOAN AGREEMENT J:\LIT\SHC\CORP\189059.1 -Page 3 specifications of the City of Wylie, Texas (the "City"), including any and all ordinances, regulations and other requirements. Borrower shall complete construction of the Building on or before August 1, 1998, as evidenced by the issuance of a final certificate of occupancy by the City. Note 1 shall be payable in accordance with the terms and conditions set forth herein and in Note 1. The payments due under Note 1 shall be subject to possible forgiveness as set forth in Section 5(a) herein. Lender agrees to subordinate its lien established by the Deed of Trust to the Construction Loan. (ii) Note 2. Borrower shall execute Note 2 concurrently with the execution of this Agreement. Upon the issuance of a certificate of occupancy by the City of Wylie, Texas, for the Building contemplated by Section 3(a)(i)above and upon Borrower's provision to Lender of the proof of costs associated with moving and relocating to the Property, Borrower shall be entitled to an advance of up to Two Thousand, Eight Hundred and Eighty-Two and No/100 Dollars ($2,882.00) from Lender, such advance being reimbursement to Borrower for the moving and relocation costs actually incurred by Borrower as a result of its relocation to the Property. Prior to Lender's provision of the advance contemplated by this Section 3(a)(ii), Borrower shall provide Lender with all requested documentation evidencing the funds expended by Borrower for moving and relocating. Note 2 shall be payable in accordance with the terms and conditions set forth herein and in Note 2. Note 2 shall be subject to possible forgiveness as set forth in Section 5(b). All requests for advances on Note 2 must be received by Lender on or before August 31, 1998, or such advances are waived. (iii) Right of First Refusal. As long as Borrower is not in default according to this Loan Agreement, Borrower shall have a right of first refusal (the "Option") regarding the purchase of that certain tract of land adjacent to and north of the Property, such tract being within Premier Industrial Park and approximately .88 acres in size, as more particularly depicted on the drawing attached hereto as Exhibit "B" (the "Option Tract"). Borrower shall be entitled to exercise the Option beginning on February 17, 1998 and continuing until February 17, 2001, unless earlier terminated as provided hereinafter (the "Initial Option Period"). After the expiration of the Initial Option Period, Lender in its discretion may agree to extend the Option Period for an addition period of up to three (3) years, as such extension shall be reflected in a written agreement from Lender (the "Extended Option Period"). However, if a third party makes an offer to purchase the Option Tract during the Initial Option Period or Extended Option Period (if any), Lender shall provide written notice to Borrower of such offer, and Borrower shall have fourteen (14) days from the receipt of such written notice to exercise the Option upon the terms and conditions hereinafter set forth. During the Initial Option Period and the Extended Option Period (if any), Borrower shall be entitled to purchase the Option Tract by executing a loan LOAN AGREEMENT J:\LIT\SHC\CORD\189059.1 -Page 4 agreement, real estate lien note, warranty deed with vendor's lien and deed of trust (the "Option Loan Documents") reflecting substantially the following terms and conditions, such to be drafted by Lender: (1) a purchase price equal to the appraised fair market value of the Option Tract, as reflected on the then current tax rolls of the Collin County Appraisal District, but in no event shall the purchase price be less than Thirty-Three Thousand, Seven Hundred Thirty-Three and No/100 Dollars ($33,733.00), with the real estate lien note reflecting a variable interest rate determined annually equal to Wall Street Prime plus 1%; (2) interest beginning to accrue on the real estate lien note on the closing date for the purchase of the Option Tract, such note being payable in three (3) equal annual installments of principal, plus accrued interest with the first annual payment being due one (1) year after the closing; (3) the principal and interest portion of the first annual payment due under the real estate lien note shall be forgiven by Lender if a building permit has been issued by the City for Borrower's construction of a building at least ten thousand (10,000) square feet in size upon the Option Tract; (4) as long as Borrower has completed the building in accordance with the respective requirements, as evidenced by the City's issuance of a final certificate of occupancy, and Borrower is not in default as provided in the loan agreement (default to be defined substantially as set forth in Section 6 hereof), Lender shall forgive each annual principal and interest payment under the real estate lien note on its respective due date; (5) the real estate lien note shall be secured by the deed of trust. However, prior to the execution of the Option Loan Documents, Borrower shall ensure that a dedicated access easement exists on the Property extending from New Hensley Lane to the Option Tract, in accordance with the specifications set forth by Lender. b. Additional Assurances. Borrower agrees to make, execute and deliver to Lender such other promissory notes, instruments, documents, leases and other agreements as Lender or its attorneys may reasonably request to evidence the Loans. c. Compliance Certificates. As a further condition to the advances hereunder, Borrower shall provide the following compliance certificates to Lender upon request: Borrower shall submit compliance certificates specifying: (i) the construction specifications associated with the Building on the Property, in accordance with the terms LOAN AGREEMENT J:\LIT\SHC\CORD\189059.1 -Page 5 and conditions of Section 3(a)(i); and (ii) the moving and relocation costs associated with Borrower relocating to the Property in accordance with Section 3(a)(ii). d. Performance. Borrower agrees to perform and comply with all terms, conditions, and provisions set forth in this Agreement and in all other instruments and agreements between Borrower and Lender. SECTION 4. CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower whether under this Agreement or under any other agreement, Lender shall have no obligation to advance or disburse Loan proceeds if: (a) Borrower becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged bankrupt; or (b) an Event of Default occurs. SECTION 5. LOAN FORGIVENESS. a. Note 1. The principal amount of the annual payments due under Note 1 from Borrower may be forgiven by Lender in accordance with the terms and conditions of this Section 5(a). As long as Borrower has completed the Building in accordance with the requirements set forth in Section 3(a)(i) and Borrower is not in default as provided in the Section hereunder entitled Events of Default, Lender shall forgive each annual principal and interest payment under Note 1 on its respective due date. Notwithstanding the foregoing, Lender may within its sole discretion extend any dates set forth herein without waiving the remaining dates and deadlines. b. Note 2. Notwithstanding the provisions hereof and the obligations contained in Note 2 executed incident hereto, so long as Borrower is not in default as provided in the Section hereunder entitled Events of Default, the advance shall be forgiven and not be payable to Lender one (1) year following such advance. SECTION 6. EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: a. Failure to Complete the Building. Failure of Borrower to complete the construction of the Building on the Property in accordance with Section 3(a)(i) herein. b. Failure to Establish and Maintain Primary Operations. Failure of Borrower to establish and maintain its primary operations at the Building without any cessation thereof. LOAN AGREEMENT J:\LIT\SHC\CORP\189059.1 - Page 6 c. False Statements. Any warranty, representation, or statement made or furnished to Lender by or on behalf of Borrower under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. d. Insolvency. The dissolution or termination of Borrower's existence as a going business, Borrower's insolvency, appointment of receiver for any part of Borrower's property, any assignment for the benefit of creditors of Borrower, any type of creditor workout for Borrower, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. e. Other Defaults. Failure of Borrower to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents, or failure of Borrower to comply with or to perform any other term, obligation, covenant or condition contained in any other agreement between Lender and Borrower, and specifically, should Borrower rent or lease in excess of fifty percent (50%) of the Building to an unaffiliated entity or sell, transfer or assign any of its interest in any portion of the Property or this Agreement. SECTION 7. EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, all commitments of Lender under this Agreement immediately will terminate, (including any obligation to make Loan advances), and all Loans (not already forgiven) immediately will become due and payable, all without notice of any kind to Borrower, at the option of Lender, except for an Event of Default described in the "Insolvency" subsection above, in which case such acceleration shall be automatic and not optional. In addition, Lender may pursue any and all other remedies provided by Related Documents and/or by statute, law or ordinance. SECTION 8. INDEMNIFICATION. Borrower shall indemnify, save, and hold harmless Lender, its directors, officers, agents, attorneys, and employees(collectively, the "Indemnitees") from and against: (i) any and all claims, demands, actions or causes of action that are asserted against any Indemnitee if the claim, demand, action or cause of action directly or indirectly relates to tortious interference with contract or business interference, or wrongful or negligent use of Lender's loan advances by Borrower or its agents and employees; (ii) any administrative or investigative proceeding by any governmental authority directly or indirectly related, to a claim, demand, action or cause of action in which Lender is a disinterested party; (iii) any claim, demand, action or cause of action which directly or indirectly contests or challenges the legal authority of Lender or Borrower to enter into this Agreement; and (iv) any and all liabilities, losses, costs, or expenses (including attorneys' fees and disbursements) that any Indemnitee suffers or incurs as a result of any of the foregoing; provided, however, that Borrower shall have no obligation under this Section to Lender with respect to any of the foregoing arising out of the gross negligence or willful misconduct of Lender or the breach by LOAN AGREEMENT J:\LIT\SHC\CORP\189059.1 -Page 7 Lender of this Agreement. If any claim, demand, action or cause of action is asserted against any Indemnitee, such Indemnitee shall promptly notify Borrower, but the failure to so promptly notify Borrower shall not affect Borrower's obligations under this Section unless such failure materially prejudices Borrower's right to participate in the contest of such claim, demand, action or cause of action, as hereinafter provided. If requested by Borrower in writing, as so long as no Default or Event of Default shall have occurred and be continuing, such Indemnitee shall in good faith contest the validity, applicability and amount of such claim, demand, action or cause of action and shall permit Borrower to participate in such contest. Any Indemnitee that proposes to settle or compromise any claim, demand, action, cause of action or proceeding for which Borrower may be liable for payment of indemnity hereunder shall give Borrower written notice of the terms of such proposed settlement or compromise reasonably in advance or settling or compromising such claim or proceeding and shall obtain Borrower's concurrence thereto. SECTION 9. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: a. Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. b. Applicable Law and Venue. This Agreement has been delivered to Lender and accepted by Lender in the State of Texas. Borrower agrees to submit to the jurisdiction of the courts of Collin County, State of Texas, and that venue is proper in said County. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and applicable Federal laws. c. Materials and Supplies Purchase. Although not a condition to this Agreement, Lender requests that Borrower hire its employees and purchase all materials, supplies and services necessary to complete construction of the Building from Wylie, Texas residents, merchants and businesses. d. Community Involvement. Although not an Event of Default or condition of any advance hereunder, Borrower agrees to actively participate in community and charitable organizations and/or activities, the purpose of which are to improve the quality of life in Wylie, and to actively encourage its Wylie employees to be involved in such organizations and/or activities. e. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. LOAN AGREEMENT J:\LIT\SHC\CORP\189059.1 -Page 8 f. Notices. All notices required to be given under this Agreement shall be given in writing and shall be effective when actually delivered or when deposited in the United States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the address shown above. Any party may change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Borrower agrees to keep Lender informed at all times of Borrower's current address. g. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. h. Survival. All warranties, representations, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered by Borrower to Lender under this Agreement shall be considered to have been relied upon by Lender and will survive the making of the Loan and delivery to Lender of the Related Documents, regardless of any investigation made by Lender or on Lender's behalf. i. Time is of the Fssence. Time is of the essence in the performance of this Agreement. j. Settlement of Disputes. Prior to the commencement of any legal action or proceeding, Borrower and Lender agree to act in good faith and diligently seek to settle any and all disputes concerning the interpretation and/or enforcement of this Agreement or the Related Documents. LOAN AGREEMENT J:\LIT\SHC\CORP\189059.1 -Page 9 BORROWER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS BUSINESS LOAN AGREEMENT, AND BORROWER AGREES TO ITS TERMS. THIS AGREEMENT IS DATED EFFECTIVE AS OF THE 17TH DAY OF FEBRUARY, 1998. BORROWER: CPI COMMUNICATIONS, INC. BY: f4: PHIL EASTERLING Vice President LENDER: WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation By:f JO EAGER Chairman of the Board LOAN AGREEMENT J:\LIT\SHC\CORP\189059.1 -Page 10 EXHIBIT "A" PROPERTY DESCRIPTION Being a tract of land situated in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas and being a part of Lot 1 of Premier Industrial Park, an Addition to the City of Wylie, Collin County, Texas according to the Plat thereof, recorded in Volume K, Page 118, of the Map Records of Collin County, Texas and being more particularly described as follows: Beginning at a 1/2 inch iron rod found for the intersection of the north right-of-way line of Hensley Lane (60' R.O.W.) with the west line of said Premier Industrial Park and being on the east line of a 178.554 acre tract conveyed to Kim B. Housewright by deed recorded under County Clerk's Number 93-0090257, Land Records of Collin County, Texas; Thence, N 03° 51' 03" E, along the west line of said Premier Industrial Park and the east line of said 178.551 acre tract, a distance of 287.65 feet to a 1/2 inch iron rod set for corner; Thence, N 90° 00' 00" E, a distance of 165.86 feet to a 1/2 inch iron rod set for corner; Thence, S 00° 00' 00" E, a distance of 287.00 feet to a 1/2 inch iron rod set for corner on the north right-of-way line of said Hensley Lane; Thence, S 90° 00' 00" W, along the north right-of-way line of said Hensley Lane, a distance of 185.18 feet to the Point of Beginning and containing 50,373 square feet or 1.156 acres of land. LOAN AGREEMENT J:\LIT\SHC\CORP\189059.1 -Page 11 t • • 1• �+ / � I �• 1 1 I i I 1I 1 ,. /I ' / • tl 1 ' 1 j / I I f k EZ ! 1 • I 1 1 , jj p 1 ' 1 1 , f ; r69,il i �wr��wr•‘rwm r.r•t rt.mwo •Lr.rr rp w wr •rl..•r.Lr..r.•r.i•u•.wr•iw sob •I�NMulwr..r..r. i\\ \‘, , . \ ....\.\....A, \ \ \ 141 : ..m. b ,, 4 \\\,,, , \ .,, ,!\\ ,., \,\% \ L.L. ‘ , : ‘11L " 'I 4 '1 , II,,! 1 1--.Z. -1. _,--, '", ...'1" *Cajo i ! , z • C =f \.....\ • , • • i, \ \ ...,„.....• -, \*\ • \ \\ • • gl •.... -+ a t 5 I d ii 02 11/ I o• I x I CPI Communications, Inc. Property Tax Analysis March 6, 1998 Assumptions: $425,188 in total value $375,094 (building cost) $50,094 (estimated property value) 1999 $6,931 $2,870 $1,105 $419 $11,325 2000 6,931 2,870 1,105 419 11,325 2001 6,931 2,870 1,105 419 11,325 Total $20,792 $8,610 $3,316 $1,257 $33,975 LOAN AGREEMENT Borrower: LOUIS P. GIGLIOTTI 8423 San Leandro Dallas, Texas 75218 Lender: WYLIE ECONOMIC DEVELOPMENT CORPORATION P.O. Box 1467, 108 West Marble Wylie, Texas 75098 WHEREAS, THIS LOAN AGREEMENT ("Agreement") between LOUIS P. GIGLIOTTI, an individual (herein referred to as "Borrower"), and the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation ("Lender"), is made and executed on the terms and conditions set forth herein; and WHEREAS, Borrower has applied to Lender for an additional loan or loans and other financial accommodations, including those which are described in this Agreement and those which may be described on any exhibit or schedule attached to this Agreement. All such loans and fmancial accommodations, together with all future loans and financial accommodations from Lender to Borrower, are referred to in this Agreement individually as the "Loan" and collectively as the "Loans." Borrower understands and agrees that: (a) in granting, renewing, or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements, as set forth and provided for in this Agreement; (b) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender's sole judgment and discretion; and (c) all such Loans shall be and shall remain subject to the following terms and conditions of this Agreement. NOW, THEREFORE, Borrower and Lender agree as follows: SECTION 1. TERM. This Agreement shall be effective as of February 23, 1998, and shall continue thereafter until all obligations of Borrower to Lender have been performed in full and the parties terminate this Agreement in writing, or on February 23, 2001, unless terminated sooner under the provisions hereof. SECTION 2. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Texas Uniform Commercial Code. LOAN AGREEMENT J:\LIT\SHC\CORP\186878.1 -Page 1 a. Agreement. The word "Agreement" means this Loan Agreement, together with all exhibits and schedules attached to this Loan Agreement from time to time, if any. b. Borrower. The word "Borrower" means Louis Gigliotti, an individual. c. Construction Loan. The words "Construction Loan" means that certain construction loan in an amount not to exceed jwol4,Ar►.1 t4 y-Ser,n'1'b,.I,sa„pollars i� . ($ lei 7,ve,c, ) extended to Borrower by prop,cir-r-- gan K (the "Bank") for the construction of the Building (defined hereinafter) on the Property (defined hereinafter). d. Deed of Trust. The word "Deed of Trust" means that certain Deed of Trust covering the Property (defined hereinafter) and securing the Note (defined hereinafter) by granting Lender a lien on such real property, such lien to be subordinated to the Construction Loan. e. Event of Default. The words "Event of Default" mean and include any of the Events of Default set forth below in the section entitled "Events of Default." f. Indebtedness. The word "Indebtedness" means and includes without limitation all Loans, together with all other obligations, debts and liabilities of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower, or any one or more of them; whether now or hereafter existing, voluntary or involuntary, due or not due, absolute or contingent, liquidated or unliquidated; whether Borrower may be liable corporately or jointly with others; whether Borrower may be obligated as a guarantor, surety, or otherwise; whether recovery upon such Indebtedness may be or hereafter may become otherwise unenforceable. g. Lender. The word "Lender" means the WYLIE ECONOMIC DEVF.I,OPMENT CORPORATION, a Texas non-profit corporation, its successors and assigns. h. Loan. The word "Loan" or "Loans" means and includes any and all loans and financial accommodations from Lender to Borrower, whether now or hereafter existing, and however evidenced, including without limitation those loans and financial accommodations described in this Agreement and described on any exhibit or schedule attached to this Agreement. i. Note. The word "Note" means the interest bearing Real Estate Lien Note to be executed by Borrower upon execution of this Agreement, such Note being in the principal amount of Twenty-Five Thousand, Eight Hundred Thirty-Two and No/100 Dollars ($25,832.00) and bearing a variable interest rate determined annually equal to Wall Street Prime plus 1%. Interest shall begin to accrue on the Note upon the date such funds are advanced to Borrower, as provided in this Agreement. The Note shall be LOAN AGREEMENT J:\LIT\SHC\CORP\186878.1 -Page 2 repayable in three (3) annual installments, with the first annual installment of Eight Thousand, Six Hundred and Ten and 66/100 Dollars ($8,610.66) plus accrued interest being due on February 23, 1999, and continuing regularly thereafter with a final installment of the remaining unpaid principal balance and any accrued but unpaid interest due at maturity on such date three (3) years later. Interest shall be calculated on the unpaid principal as of the date of each installment paid, and the payment credited first to the discharge of the interest accrued and the balance to the reduction of the principal. The Note shall be governed by the terms and conditions set forth in this Agreement and in the Note. Furthermore, the Note shall be secured by the Deed of Trust defined erein, but be subordinated to the Construction Loan, but in no event shall the is), Ii subordination exceed $ Ag 7, k Q • j. Property. The word "Property" means that certain tract of land being a part of Lot 1, Block A, of Century Business Park, an Addition to the City of Wylie, Texas, as recorded in Cabinet F, Page 692, of the Plat Records of Collin County, Texas, in the Duke Strickland Survey, Abstract No. 841, situated in the City of Wylie, Collin County, Texas, such tract containing 87,173.77 square feet or 2.00 acres of land. k. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, facilities agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereafter existing, executed in connection with Borrower's Indebtedness to Lender. SECTION 3. AFFIRMATIVE COVENANTS. Borrower covenants and agrees with Lender that, while this Agreement is in effect, it shall comply with the following terms and conditions: a. Incentives. Borrower shall be entitled to the following incentives in accordance with the terms and conditions set forth below. Borrower shall submit to Lender a written request for any advance in accordance with the terms hereof prior to any disbursements of the loan proceeds under the Note. Upon the execution of this Loan Agreement, Borrower shall execute the Note as consideration for Lender's provision of the incentives set forth herein. Note 1 shall be secured by the Deed of Trust to be executed by Borrower concurrently herewith. Upon Borrower's full and complete compliance with the following terms and conditions and the Bank's release of the final draw under the Construction Loan, one (1) advance under Note 1 in the amount of Twenty-Five Thousand, Eight Hundred and Fifty-Two and No/100 Dollars ($25,832.00) shall be forwarded directly to the Bank for the benefit of Borrower to assist with Borrower's purchase of the Property: (i) On or before M A y 1S , 1998, Borrower shall commence construction of a building at least 12,000 square feet in size (the "Building") on LOAN AGREEMENT J:\LIT\SHC\CORD\186878.1 -Page 3 the Property as evidenced by the issuance of a building permit by the City. The Building shall be constructed to satisfy the specifications of the City, including any and all ordinances, regulations and other requirements. The Building shall conform and be constructed in accordance with any deed restrictions on the Property; and (ii) At or prior to the Bank's release of the final draw under the Construction Loan, Borrower shall enter into a lease agreement with L.G. Motorsports as tenant ("Tenant") for the use of the Building. The lease agreement shall cover the entire Building and reflect a term of at least three (3) years. Borrower shall provide Lender with an executed copy of the lease agreement. b. Note Repayment and Possible Forgiveness. The Note shall be repayable in accordance with the terms and conditions set forth herein and in the Note. The payments due under the Note shall be subject to possible forgiveness as set forth in Section 5 herein. Lender agrees to subordinate its lien established by the Deed of Trust to the of Construction Loan, but in no event shall the subordination exceed $ A9-7, COb c. Additional Assurances. Borrower agrees to make, execute and deliver to Lender such other promissory notes, instruments, documents, leases and other agreements as Lender or its attorneys may reasonably request to evidence the Loans. d. Compliance Certificates. As a further condition to the advances hereunder, Borrower shall provide the following compliance certificates to Lender upon request: Borrower shall submit compliance certificates specifying: (i) the construction specifications associated with the Building and improvements to the Property, in accordance with the terms and conditions of Section 3(a)(i); (ii) the costs of the equipment and personalty located at the Property; and (iii) that the lease agreement with Tenant has been executed in accordance with Section 3(a)(ii). e. Performance. Borrower agrees to perform and comply with all terms, conditions, and provisions set forth in this Agreement and in all other instruments and agreements between Borrower and Lender. SECTION 4. CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower whether under this Agreement or under any other agreement, Lender shall have no obligation to advance or disburse Loan proceeds if: (a) Borrower becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged bankrupt; or (b) an Event of Default occurs. LOAN AGREEMENT J:\LTT\SHC\CORD\186878.1 -Page 4 SECTION 5. LOAN FORGIVENESS. The principal amount of the annual payments due under the Note from Borrower may be forgiven by Lender in accordance with the terms and conditions of this Section 5. As long as Borrower has completed the Building in accordance with the requirements set forth in Section 3(a)(i), Borrower has entered into the required lease in accordance with the requirements set forth in Section 3(a)(ii), and Borrower is not in default as provided in the Section hereunder entitled Events of Default, Lender shall forgive each annual principal payment under the Note on its respective due date. The interest payments shall be due and payable annually; however, the interest payments may be forgiven at Lender's sole discretion. Notwithstanding the foregoing, Lender may within its sole discretion extend any dates set forth herein without waiving the remaining dates and deadlines. SECTION 6. EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: a. Failure to Complete the Building. (i) Failure of Borrower to complete the construction of the Building in accordance with Section 3(a)(i) herein, on or before November I , 1998, as evidenced by the issuance of a final certificate of occupancy by the City of Wylie, or (ii) the failure of the Building and improvements (excluding land, equipment, inventory and other personalty) to reflect a cost of at least Two Hundred and Forty-Five Thousand and No/100 Dollars($245,000.00)upon issuance of the certificate of occupancy for the Building, or (iii) the failure of the equipment and other personalty (excluding inventory, land and Building) located in or at the Building (including equipment and personalty owned by Tenant) to reflect a cost of at least Two Hundred and Fifty Thousand and No/100 Dollars ($250,000.00) upon the issuance of the certificate of occupancy. b. Termination of Lease or Failure of Tenant to Maintain Operations. Any termination, assignment or sublease of the lease with Tenant or Tenant's cessation of operations at the Building. c. Maintenance of Wylie, Texas Address. Failure of Tenant to maintain a mailing address located in Wylie, Texas, for both general business purposes and mail-order purposes. d. Emblem on Racing Vehicles. Failure of Tenant or Borrower to include on all of its racing vehicles, whether raced or leased for racing, an openly visible and readable emblem consisting of the words "Wylie, Texas". e. False Statements. Any warranty, representation, or statement made or furnished to Lender by or on behalf of Borrower under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. LOAN AGREEMENT J:\LIT\SHC\CORP\186878.1 -Page 5 f. Insolvency. The dissolution or termination of Tenant's existence as a going business, Borrower's or Tenant's insolvency, appointment of receiver for any part of Borrower's or Tenant's property, any assignment for the benefit of creditors of Borrower or Tenant, any type of creditor workout for Borrower or Tenant, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Tenant. g. Other Defaults. Failure of Borrower to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents, or failure of Borrower to comply with or to perform any other term, obligation, covenant or condition contained in any other agreement between Lender and Borrower, and specifically, should Borrower rent, lease, sell, transfer or assign any of its interest in any portion of the Property or this Agreement. SECTION 7. EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, all commitments of Lender under this Agreement immediately will terminate, (including any obligation to make Loan advances), and all Loans (not already forgiven) immediately will become due and payable, all without notice of any kind to Borrower, at the option of Lender, except for an Event of Default described in the "Insolvency" subsection above, in which case such acceleration shall be automatic and not optional. In addition, Lender may pursue any and all other remedies provided by Related Documents and/or by statute, law or ordinance. SECTION 8. INDEMNIFICATION. Borrower shall indemnify, save, and hold harmless Lender, its directors, officers, agents, attorneys, and employees(collectively, the "Indemnitees") from and against: (i) any and all claims, demands, actions or causes of action that are asserted against any Indemnitee if the claim, demand, action or cause of action directly or indirectly relates to tortious interference with contract or business interference, or wrongful or negligent use of Lender's loan advances by Borrower or its agents and employees; (ii) any administrative or investigative proceeding by any governmental authority directly or indirectly related, to a claim, demand, action or cause of action in which Lender is a disinterested party; (iii) any claim, demand, action or cause of action which directly or indirectly contests or challenges the legal authority of Lender or Borrower to enter into this Agreement; and (iv) any and all liabilities, losses, costs, or expenses (including attorneys' fees and disbursements) that any Indemnitee suffers or incurs as a result of any of the foregoing; provided, however, that Borrower shall have no obligation under this Section to Lender with respect to any of the foregoing arising out of the gross negligence or willful misconduct of Lender or the breach by Lender of this Agreement. If any claim, demand, action or cause of action is asserted against any Indemnitee, such Indemnitee shall promptly notify Borrower, but the failure to so promptly notify Borrower shall not affect Borrower's obligations under this Section unless such failure materially prejudices Borrower's right to participate in the contest of such claim, demand, action or cause of action, as hereinafter provided. If requested by Borrower in writing, as so long as LOAN AGREEMENT J:\LIT\SHC\CORP\186878.1 -Page 6 no Default or Event of Default shall have occurred and be continuing, such Indemnitee shall in good faith contest the validity, applicability and amount of such claim, demand, action or cause of action and shall permit Borrower to participate in such contest. Any Indemnitee that proposes to settle or compromise any claim, demand, action, cause of action or proceeding for which Borrower may be liable for payment of indemnity hereunder shall give Borrower written notice of the terms of such proposed settlement or compromise reasonably in advance of settling or compromising such claim or proceeding and shall obtain Borrower's concurrence thereto. SECTION 9. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: a. Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. b. Applicable Law and Venue. This Agreement has been delivered to Lender and accepted by Lender in the State of Texas. Borrower agrees to submit to the jurisdiction of the courts of Collin County, State of Texas, and that venue is proper in said County. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and applicable Federal laws. c. Materials and Supplies Purchase. Although not a condition to this Agreement, Lender requests that Borrower hire its employees and purchase all materials, supplies and services necessary to complete construction of the Building from Wylie, Texas residents, merchants and businesses. d. Community Involvement. Although not an Event of Default or condition of any advance hereunder, Borrower agrees to actively participate in community and charitable organizations and/or activities, the purpose of which are to improve the quality of life in Wylie, and to actively encourage its Wylie employees to be involved in such organizations and/or activities. e. Borrower Audit. Upon receiving fifteen(15)days prior written notice, Borrower agrees to allow Lender to audit all of Borrower's records, documents, agreements and other instruments in furtherance of the following purposes: (i) to ensure Borrower's compliance with the affirmative covenants set forth in Section 3(a) herein; (ii) to determine the existence of an Event of Default set forth in Section 6 herein; and (iii) to ensure compliance with any other term or condition of this Agreement or any Related Document. LOAN AGREEMENT J:\LIT\SHC\CORP\186878.1 -Page 7 f. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. g. Notices. All notices required to be given under this Agreement shall be given in writing and shall be effective when actually delivered or when deposited in the United States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the address shown above. Any party may change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the parry's address. For notice purposes, Borrower agrees to keep Lender informed at all times of Borrower's current address. h. Severability. If a court of competent jurisdiction fords any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. i. Survival. All warranties, representations, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered by Borrower to Lender under this Agreement shall be considered to have been relied upon by Lender and will survive the making of the Loan and delivery to Lender of the Related Documents, regardless of any investigation made by Lender or on Lender's behalf. j. Time is of the Essence. Time is of the essence in the performance of this Agreement. k. Settlement of Disputes. Prior to the commencement of any legal action or proceeding, Borrower and Lender agree to act in good faith and diligently seek to settle any and all disputes concerning the interpretation and/or enforcement of this Agreement or the Related Documents. BORROWER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS BUSINESS LOAN AGREEMENT, AND BORROWER AGREES TO ITS TERMS. THIS AGREEMENT IS DATED EFFECTIVE AS OF THE 23RD DAY OF FEBRUARY, 1998. BORROWER: By: O I P. IGL OTTI LOAN AGREEMENT J:\LIT\SHC\CORD\186878.1 -Page 8 LENDER: WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation By: JO GER Chairman of the Board LOAN AGREEMENT J:\LIT\SHC\CORP\186878.1 -Page 9 L.G. Motorsports Property Tax Analysis March 6, 1998 Assumptions: $572,833 total value $322,833 Real Property (12,000 sq. ft.) $250,000 Personal Property Year 1t ISD City of Wylie C ti-ii.Ceun CCCC 15,25.::........................ 1999 $9,337 $3,867 $1,489 $565 $15, 8 2000 9,337 3,867 1,489 565 15,258 2001 9,337 3.867 1.489 565 15,258 Total $28.012 $11.600 $4,468, $1.694 $45,773 LOAN AGREEMENT Borrower: HOFFMAN BLAST ROOM EQUIPMENT, INC. 2200 Los Rios Blvd., Suite 128 Plano, Texas 75074 Lender: WYLIE ECONOMIC DEVELOPMENT CORPORATION P.O. Box 1467, 108 West Marble Wylie, Texas 75098 WHEREAS, THIS LOAN AGREEMENT ("Agreement") between HOFFMAN BLAST ROOM EQUIPMENT, INC., a Texas corporation (herein referred to as "Borrower"), and the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation ("Lender"), is made and executed on the terms and conditions set forth herein; and WHEREAS, Borrower has applied to Lender for an additional loan or loans and other financial accommodations, including those which are described in this Agreement and those which may be described on any exhibit or schedule attached to this Agreement. All such loans and financial accommodations, together with all future loans and financial accommodations from Lender to Borrower, are referred to in this Agreement individually as the "Loan" and collectively as the "Loans." Borrower understands and agrees that: (a) in granting, renewing, or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements, as set forth and provided for in this Agreement; (b) the granting, renewing, or extending of any Loan by Lender at all times shall be subject to Lender's sole judgment and discretion; and (c) all such Loans shall be and shall remain subject to the following terms and conditions of this Agreement. NOW, THEREFORE, Borrower and Lender agree as follows: SECTION 1. TERM. This Agreement shall be effective as of February 13, 1998, and shall continue thereafter until all obligations of Borrower to Lender have been performed in full and the parties terminate this Agreement in writing, or on January 31, 2005, unless terminated sooner under the provisions hereof. SECTION 2. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Texas Uniform Commercial Code. a. Agreement. The word "Agreement" means this Loan Agreement, together with all exhibits and schedules attached to this Loan Agreement from time to time, if any. LOAN AGREEMENT J:\LIT\SHC\CORD\189253.1 -Page 1 b. Borrower. The word "Borrower" means HOFFMAN BLAST ROOM EQUIPMENT, INC., a Texas corporation. c. Deed 1. The words "Deed 1" mean that certain Warranty Deed with Vendor's Lien between Lender as Grantor and Borrower as Grantee covering Tract 1 (defined hereinafter). d. Deed 2. The words "Deed 2" mean that certain Warranty Deed with Vendor's Lien between Lender as Grantor and Borrower as Grantee covering Tract 2 (defined hereinafter). e. Deed of Trust 1. The words "Deed of Trust 1" mean that certain Deed of Trust covering Tract 1 (defined hereinafter) and securing Note 1 (defined hereinafter) by granting Lender a lien on such real property. f. Deed of Trust 2. The words "Deed of Trust 2" mean that certain Deed of Trust covering Tract 2 (defined hereinafter)and securing Note 2 (defined hereinafter) and Note 3 (defined hereinafter) by granting Lender a lien on such real property. g. Event of Default. The words "Event of Default" mean and include any of the Events of Default set forth below in the section entitled "Events of Default." h. Guaranty Agreement. The words "Guaranty Agreement" mean that certain personal guaranty agreement executed by Joe Hoffman pursuant to which he guarantees the payment of Note 3 owed by Borrower. i. Indebtedness. The word "Indebtedness" means and includes without limitation all Loans, together with all other obligations, debts and liabilities of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower, or any one or more of them; whether now or hereafter existing, voluntary or involuntary, due or not due, absolute or contingent, liquidated or unliquidated; whether Borrower may be liable corporately or jointly with others; whether Borrower may be obligated as a guarantor, surety, or otherwise; whether recovery upon such Indebtedness may be or hereafter may become otherwise unenforceable. j. Lender. The word "Lender" means the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation, its successors and assigns. k. Loan. The word "Loan" or "Loans" means and includes any and all loans and financial accommodations from Lender to Borrower, whether now or hereafter existing, and however evidenced, including without limitation those loans and financial accommodations described in this Agreement and described on any exhibit or schedule attached to this Agreement. LOAN AGREEMENT J:\LIT\SHC\CORP\189253.1 -Page 2 1. Note 1. The words "Note 1" mean the interest bearing Real Estate Lien Note to be executed by Borrower upon execution of this Agreement in the principal amount of Thirty-Eight Thousand, One Hundred and Fifty-Nine and No/100 Dollars ($38,159.00) and bearing a variable interest rate determined annually equal to Wall Street Prime plus 1%. Interest shall begin to accrue on Note 1 on February 13, 1998. Note 1 shall be payable in five (5) equal annual installments of Seven Thousand, Six Hundred and Thirty-One and 80/100 Dollars ($7,631.80) plus accrued interest with the first annual payment being due on February 13, 1999. Note 1 shall be governed by the terms and conditions set forth in this Agreement and in Note 1. Furthermore, Note 1 shall be secured by Deed of Trust 1, as defined herein. m. Note 2. The words "Note 2" mean the interest bearing Real Estate Lien Note to be executed by Borrower as provided in this Agreement in the principal amount of One Hundred and Forty-Five Thousand, Two Hundred and Seven and No/100 Dollars ($145,207.00) and bearing a variable interest rate determined annually equal to Wall Street Prime plus 1%. Interest shall begin to accrue on Note 2 upon its execution, as provided in this Agreement. Note 2 shall be payable in five (5) equal annual installments of Twenty-Nine Thousand and Forty-One and 40/100 Dollars ($29,041.40) plus accrued interest with the first annual payment being due one (1) year after its execution by Borrower. Note 2 shall be governed by the terms and conditions set forth in this Agreement and in Note 2. Furthermore, Note 2 shall be secured by Deed of Trust 2, as defined herein. n. Note 3. The words "Note 3" means the interest bearing Real Estate Lien Note to be executed by Borrower as provided in this Agreement in the principal amount of up to One Hundred and Sixty-Four Thousand, Eight Hundred Sixty-Nine and No/100 Dollars ($164,869.00) and bearing an annual interest rate of five percent (5%). Interest shall begin to accrue on Note 3 upon its execution, as provided in this Agreement. Note 3 shall be payable in five (5) annual installments, the first two (2) each being in the amount of Thirty-Two Thousand and Five Hundred and No/100 Dollars ($32,500.00) plus accrued interest with the final three (3) payments being in equal installments of principal plus accrued interest. The first annual payment shall be due one (1) year after execution of Note 3. Note 3 shall be governed by the terms and conditions set forth in this Agreement and in Note 3. Note 3 shall be secured by Deed of Trust 2 defined herein pursuant to a re-filing of Deed of Trust 2 with addendum attached thereto referencing Note 3. Furthermore, Note 3 shall be secured by the Guaranty Agreement as defined herein. o. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, facilities agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments and documents, whether now or hereafter existing, executed in connection with Borrower's Indebtedness to Lender. LOAN AGREEMENT J:\LIT\SHC\CORP\189253.1 -Page 3 p. Tract 1. The words "Tract 1" mean that certain tract of land approximately 1.752 acres in size and located in Premier Industrial Park in the City of Wylie, Collin County, Texas, such property more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes. q. Tract 2. The words "Tract 2" mean that certain tract of land approximately 6.67 acres in size and located in Premier Industrial Park in the City of Wylie, Collin County, Texas, such property being immediately adjacent and south of Tract 1, as more particularly described on the drawing attached hereto as Exhibit "B" and incorporated herein for all purposes. SECTION 3. AFFIRMATIVE COVENANTS. Borrower covenants and agrees with Lender that, while this Agreement is in effect, it shall comply with the following terms and conditions: a. Incentives. Borrower shall be entitled to the following incentives in accordance with the terms and conditions set forth below. Borrower shall submit to lender a written request for any advance in accordance with the terms hereof prior to any disbursements of the loan proceeds under the Notes: (i) Note 1. Upon Borrower's execution of this Loan Agreement, Borrower shall execute Note 1 as consideration for Lender's execution of Deed 1 in favor of Borrower, as secured by Deed of Trust 1 to be executed by Borrower. On or before August 1, 1998, Borrower shall commence construction of an office building on Tract 1, as evidenced by the City's issuance of a building permit, such building to be at least six thousand (6,000) square feet in size (the "Office Building"). The Office Building shall be constructed to satisfy the specifications of the City of Wylie, Texas (the "City"), including any and all ordinances, regulations and other requirements. Borrower shall complete construction of the Office Building on or before November 30, 1998, as evidenced by the issuance of a final certificate of occupancy by the City. Note 1 shall be payable in accordance with the terms and conditions set forth herein and in Note 1. The payments due under Note 1 shall be subject to possible forgiveness as set forth in Section 5(a) herein. (ii) Note 2. Upon the City's issuance of a final certificate of occupancy for the Office Building constructed in accordance with the requirements of Section 3(a)(i) above and Lender's written approval of design plans and specifications for paving improvements on the Tract 2 land surrounding the Fabrication Facility (defined hereinafter), such paving improvements also being in accordance with City ordinances, regulations and other requirements, Borrower may execute Note 2 as consideration for Lender's execution of Deed 2 in favor of Borrower, as secured by Deed of Trust 2 to be executed by Borrower concurrently therewith. Within four (4) months following the City's issuance of a final certificate of LOAN AGREEMENT J:\LIT\SHC\CORP\189253.1 -Page 4 occupancy for the Office Building, Borrower shall commence construction of a fabrication facility on Tract 2, as evidenced by the City's issuance of a building permit, such facility to be at least twenty-eight thousand (28,000) square feet in size (the "Fabrication Facility"). The Fabrication Facility shall be constructed to satisfy the specifications of the City, including any and all ordinances, regulations and other requirements. Borrower shall complete construction of the Fabrication Facility within six (6) months from the commencement of construction, as evidenced by the issuance of a final certificate of occupancy by the City. Note 2 shall be payable in accordance with the terms and conditions set forth herein and in Note 2. The payments due under Note 2 shall be subject to possible forgiveness as set forth in Section 5(b) herein. If Note 2 is not executed by Borrower within four (4) months following the City's issuance of a final certificate of occupancy for the Office Building constructed in accordance with the requirements of Section 3(a)(i) above, the decision of whether to permit Borrower to execute Note 2 shall be within Lender's sole discretion. (iii) Note 3. Borrower shall execute Note 3 after the City's issuance of a final certificate of occupancy for the Fabrication Facility constructed in accordance with Section 3(a)(ii) above and Borrower's completion of paving improvements on the Tract 2 land surrounding the Fabrication Facility, as contemplated and approved by Lender in accordance with Section 3(a)(ii)hereinabove. In addition, Borrower shall not be entitled to execute Note 3 until Joe Hoffman executes the Guaranty Agreement. Note 3 shall be secured by Deed of Trust 2 to be executed by Borrower and the Guaranty Agreement. Borrower shall be entitled to one (1) advance under Note 3 in an amount equal to the costs incurred by Borrower to complete the aforementioned paving (as evidenced by the provision to Lender of documentation and proof of costs incurred), such advance being in an amount of up to One Hundred and Sixty-Four Thousand, Eight Hundred and Sixty-Nine and No/100 Dollars ($164,869.00). Note 3 shall be payable in accordance with the terms and conditions set forth herein and in Note 3. Note 3 shall be subject to possible forgiveness as set forth in Section 5(c). The request for the advance on Note 3 must be received by Lender on or before January 31, 2000, or such advance is waived. b. Additional Assurances. Borrower agrees to make, execute and deliver to Lender such other promissory notes, instruments, documents, leases and other agreements as Lender or its attorneys may reasonably request to evidence the Loans. c. Compliance Certificates. As a further condition to the advances hereunder, Borrower shall provide the following compliance certificates to Lender upon request, such certificates specifying: (i) the completed construction specifications associated with the Office Building on Tract 1, in accordance with the terms and conditions of Section 3(a)(i); (ii) the completed construction specifications associated with the Fabrication LOAN AGREEMENT I:\LIT\SHC\CORP\189253.1 -Page 5 Facility on Tract 2, in accordance with the terms and conditions of Section 3(a)(ii); (iii) the paving plans and specifications for Tract 2, and (iv) the paving costs for Tract 2 in accordance with Section 3(a)(iii). d. Performance. Borrower agrees to perform and comply with all terms, conditions, and provisions set forth in this Agreement and in all other instruments and agreements between Borrower and Lender. SECTION 4. CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower whether under this Agreement or under any other agreement, Lender shall have no obligation to advance or disburse Loan proceeds if: (a) Borrower becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged bankrupt; or (b) an Event of Default occurs. SECTION 5. LOAN FORGIVENESS. a. Note 1. The principal amount of the annual payments due under Note 1 from Borrower shall be forgiven by Lender in accordance with the terms and conditions of this Section 5(a). As long as Borrower has completed the Office Building in accordance with the requirements set forth in Section 3(a)(i) and Borrower is not in default as provided in the Section hereunder entitled Events of Default, Lender shall forgive each annual principal payment under Note 1 on its respective due date. The interest payments shall be due and payable annually; however, the interest payments may be forgiven at Lender's sole discretion. Notwithstanding the foregoing, Lender may within its sole discretion extend any dates set forth herein without waiving the remaining dates and deadlines. b. Note 2. The principal amount of the annual payments due under Note 2 from Borrower shall be forgiven by Lender in accordance with the terms and conditions of this Section 5(b). As long as Borrower has completed the Fabrication Facility in accordance with the requirements set forth in Section 3(a)(ii), Borrower has completed the paving improvements to Tract 2 as approved by Lender pursuant to Section 3(a)(ii) and Borrower is not in default as provided in the Section hereunder entitled Events of Default, Lender shall forgive each annual principal payment under Note 2 on its respective due date. The interest payments shall be due and payable annually; however, the interest payments may be forgiven at Lender's sole discretion. Notwithstanding the foregoing, Lender may within its sole discretion extend any dates set forth herein without waiving the remaining dates and deadlines. c. Note 3. The principal amount of the annual payments due under Note 3 from Borrower shall be forgiven by Lender in accordance with the terms and conditions of this Section 5(c). As long as Borrower has completed the Fabrication Facility in accordance with the requirements set forth in Section 3(a)(ii) and Borrower is not in default as provided in the Section hereunder entitled Events of Default, Lender shall forgive the LOAN AGREEMENT J:\LTT\SHC\CORP\189253.1 -Page 6 first two (2) annual principal payments under Note 3 on their respective due dates. The interest payments with regard to the first two (2) annual payments shall also be due and payable annually,; however the interest payments 1. fo�oiven at T a , sole -.diseretion. The remainingthree (3) annual ' principal payments under Note 3 shall be due �" and payable on their respective due dates and shall not be subject to forgiveness. The;4 .� interest payments with regard to the remaining three (3) annual payments shall also be due and payable annually.; t y e b f t T sele-diteretion7 Notwithstanding the foregoing, Lender may within its sole discretion extend any dates set forth herein without waiving the remaining dates and deadlines. SECTION 6. EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: a. Failure to Complete the Office Building. Failure of Borrower to complete the construction of the Office Building on Tract 1 in accordance with Section 3(a)(i) herein. b. Failure to Complete the Fabrication Facility. Failure of Borrower to complete the construction of the Fabrication Facility on Tract 2 in accordance with Section 3(a)(ii) herein. c. Failure to Complete the Paving Improvements. Failure of Borrower to complete the paving improvements to Tract 2 in accordance with Section 3(a)(ii) herein. d. Failure to Maintain Operations. Any cessation of operations at either the Office Building or Fabrication Facility by Borrower. e. False Statements. Any warranty, representation, or statement made or furnished to Lender by or on behalf of Borrower under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. f. Insolvency. The dissolution or termination of Borrower's existence as a going business, Borrower's insolvency, appointment of receiver for any part of Borrower's property, any assignment for the benefit of creditors of Borrower, any type of creditor workout for Borrower, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. g. Other Defaults. Failure of Borrower to comply with or to perform any other material term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents, or failure of Borrower to comply with or to perform any other material term, obligation, covenant or condition contained in any other agreement between Lender and Borrower, and specifically, should Borrower rent, lease, sell, transfer or assign any of its interest in any portion of Tract 1, Tract 2 or this Agreement. LOAN AGREEMENT J:\LIT\SHC\CORP\189253.1 -Page 7 SECTION 7. EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, all commitments of Lender under this Agreement immediately will terminate, (including any obligation to make Loan advances), and all Loans (not already forgiven) immediately will become due and payable, all without notice of any kind to Borrower, at the option of Lender, except for an Event of Default described in the "Insolvency" subsection above, in which case such acceleration shall be automatic and not optional. In addition, Lender may pursue any and all other remedies provided by Related Documents and/or by statute, law or ordinance. Notwithstanding the foregoing, Lender shall not pursue foreclosure of its security interests in Tract 1 and Tract 2 prior to its extinguishment of all other remedies granted hereunder. SECTION 8. INDEMNIFICATION. Borrower shall indemnify, save, and hold harmless Lender, its directors, officers, agents, attorneys, and employees(collectively, the "Indemnitees") from and against: (i) any and all claims, demands, actions or causes of action that are asserted against any Indemnitee if the claim, demand, action or cause of action directly or indirectly relates to tortious interference with contract or business interference, or wrongful or negligent use of Lender's loan advances by Borrower or its agents and employees; (ii) any administrative or investigative proceeding by any governmental authority directly or indirectly related, to a claim, demand, action or cause of action in which Lender is a disinterested party; (iii) any claim, demand, action or cause of action which directly or indirectly contests or challenges the legal authority of Lender or Borrower to enter into this Agreement; and (iv) any and all liabilities, losses, costs, or expenses (including attorneys' fees and disbursements) that any Indemnitee suffers or incurs as a result of any of the foregoing; provided, however, that Borrower shall have no obligation under this Section to Lender with respect to any of the foregoing arising out of the gross negligence or willful misconduct of Lender or the breach by Lender of this Agreement. If any claim, demand, action or cause of action is asserted against any Indemnitee, such Indemnitee shall promptly notify Borrower, but the failure to so promptly notify Borrower shall not affect Borrower's obligations under this Section unless such failure materially prejudices Borrower's right to participate in the contest of such claim, demand, action or cause of action, as hereinafter provided. If requested by Borrower in writing, as so long as no Default or Event of Default shall have occurred and be continuing, such Indemnitee shall in good faith contest the validity, applicability and amount of such claim, demand, action or cause of action and shall permit Borrower to participate in such contest. Any Indemnitee that proposes to settle or compromise any claim, demand, action, cause of action or proceeding for which Borrower may be liable for payment of indemnity hereunder shall give Borrower written notice of the terms of such proposed settlement or compromise reasonably in advance or settling or compromising such claim or proceeding and shall obtain Borrower's concurrence thereto. SECTION 9. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: a. Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be LOAN AGREEMENT J:\LIT\SHC\CORP\189253.1 -Page 8 effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. b. Applicable Law and Venue. This Agreement has been delivered to Lender and accepted by Lender in the State of Texas. Borrower agrees to submit to the jurisdiction of the courts of Collin County, State of Texas, and that venue is proper in said County. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and applicable Federal laws. c. Materials and Supplies Purchase. Although not an Event of Default or condition of any advance hereunder, Lender requests that Borrower hire its employees and purchase all materials, supplies and services necessary to complete construction of the Office Building on Tract 1 and the Fabrication Facility and accompanying paving on Tract 2 from Wylie, Texas residents, merchants and businesses. d. Community Involvement. Although not an Event of Default or condition of any advance hereunder, Borrower agrees to actively participate in community and charitable organizations and/or activities, the purpose of which are to improve the quality of life in Wylie, and to actively encourage its Wylie employees to be involved in such organizations and/or activities. e. Borrower Audit. Upon receiving fifteen(15)days prior written notice, Borrower agrees to allow Lender to audit all of Borrower's records, documents, agreements and other instruments in furtherance of the following purposes: (i) to ensure Borrower's compliance with the affirmative covenants set forth in Section 3(a) herein; (ii) to determine the existence of an Event of Default set forth in Section 6 herein; and (iii) to ensure compliance with any other term or condition of this Agreement or any Related Document. f. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. g. Notices. All notices required to be given under this Agreement shall be given in writing and shall be effective when actually delivered or when deposited in the United States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the address shown above. Any party may change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Borrower agrees to keep Lender informed at all times of Borrower's current address. h. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding LOAN AGREEMENT J:\LIT\SHC\CORP\189253.1 -Page 9 shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. i. Survival. All warranties, representations, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered by Borrower to Lender under this Agreement shall be considered to have been relied upon by Lender and will survive the making of the Loan and delivery to Lender of the Related Documents, regardless of any investigation made by Lender or on Lender's behalf. j. Time is of the Essence. Time is of the essence in the performance of this Agreement. k. Settlement of Disputes. Prior to the commencement of any legal action or proceeding, Borrower and Lender agree to act in good faith and diligently seek to settle any and all disputes concerning the interpretation and/or enforcement of this Agreement or the Related Documents. shall not Subordination. Lender� agreeste subordinate its security interests in Tract 1 and s, Tract 2,te Berrewer' lenders) f r r r*. m 4 L b t T - t 1 T et 4. Borrower and Lender will discuss terms of potential subordination at the time of financing for real and personal property improvements. BORROWER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS BUSINESS LOAN AGREEMENT, AND BORROWER AGREES TO ITS TERMS. THIS AGREEMENT IS DATED EFFECTIVE AS OF THE 13TH DAY OF FEBRUARY, 1998. BORROWER: HOFFMAN BLAST ROOM EQUIPMENT, INC. i By: JOE H FFMAN CEO & Owner LOAN AGREEMENT J:\LIT\SHC\CORP\189253.1 -Page 10 LENDER: WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation By: —(3_F> O AGER Chairman of the Board LOAN AGREEMENT J:\LIT\SHC\CORP\189253.1 -Page 11 EXHIBIT "A" TRACT 1 LEGAL DESCRIPTION Being a tract of land situated in the Duke Strickland survey, Abstract No. 841, City of Wylie, Collin County, Texas and being a part of Lot 1 of Premier Industrial Park, an Addition to the city of Wylie, Collin County, Texas according to the Plat thereof, recorded in Volume K, Page 118, of the Map Records of Collin County, Texas and being more particularly described as follows: Beginning at a lh inch iron rod found for the intersection of the north right-of-way line of Hensley Lane (60' R.O.W.) with the west line of said Premier Industrial Park and being on the east line of a 10.701 acre tract conveyed to John B. Robinson by deed recorded in Volume 1580, Page 861, Land Records of Collin County Texas; Thence, N 900 00' 00" E, along the north right-of-way of said Hensley Lane, a distance of 370.00 feet to a ' inch iron rod set for corner; Thence, S 000 00' 00" E, a distance of 202.50 feet to a ' inch iron rod set for corner; Thence, N 900 00' 00" W, a distance of 383.55 feet to a ' inch iron rod set for corner on the east line of said 10.701 acre tract; Thence, N 030 49" 46" W, along the east line of said 10.701 acre tract and the west line of said Lot 2, a distance of 202.95 feet to the Point of Beginning and containing 76,297 square feet or 1.752 acres of land. LOAN AGREEMENT J:\LIT\SHC\CORP\189253.1 -Page 12 EXHIBIT "B" TRACT 2 DRAWING DESCRIPTION ---------- ----N90'00'00"E i c�, i N •w [� 1.75 AC '�ti p • 010 N1fz Nap i0 f iz 383.555 } ....w .•.a......•..a.......w......a.s salsa saas••� N90.00'00"E : i i iW i �iP ;i. N:0 i IZ _\ i \ i +YULM \\\ 6-67 AC :x 1,.. \\\ . 20' UTILITY ES i, _ \ \ COLLIN COUNTY SOIL of \..\ CONSERVATION COUNTY rt; t - \ \ \ EASEMENT n' coo \ \ VOL. 522. PG.it71 b65.00' L_-- ua'OpO \ \ N 428.4156 \ \ :\\-- NR9.37'1R"W LOAN AGREEMENT J:\L1T\SHC\CORP\189253.1 -Page 13 ,., , , ,. * ** ,,, _o_e .i ir -vo. i...w 4,ri- 4, • to. gO, _4. •gte- -. '.-. t � ♦ + # + ++ ++ ++ + ++ + + # ♦ ♦ + + + + # + + + o*I(to*afl1 * c*oil*t�(I1t + f}+ + + +# + 4.+ # + ♦ + ♦♦ ♦ +*+ a,• '�.' 1 + ++ + + F + + + + + + +♦ '1 . . ,!! .••• .•.•.�. 114.++M+4 4+++#+f+++t+4+♦+#+ ---- {I b k + + + + ♦ + + + + + + ♦ ./ ``I\\ a-FHFHA..3000 PSI WNCRErt i,' .B K�, •E I + + F + + + + + + + + i I+ + + + + + + + + + + + +/ r } + F i 4 # « 4 4 4 * F 1 4 f # + + f 4 t i + F f M + « + + + + + + + + + t ME LANE b µ + + + ♦ 4 M ♦ + } } 4 i \ I i + + i i + ♦ + f f + + \ _N IF + 4 # i # F 4 4 4 + 4 } \ " IINDFLIJIT II I • I I +.+--`-- . + + t �• b ' PHASE I EXPANSION ;.<• •: r I F 4 + + + 4 # 4 + } t 4 . I+ t t # +•-ti--1--.F-�..+ + t ' § (NOTE: INSTALLED WITH FAH SHOP) �V ��!� r E. 1 + + + ♦++ + + + + + + + + + + +++++ t + ♦ + t 4 + + + F t +t+ — ,, f f F♦f _........._ +♦+ FABRICATION SHOP BLDG. — r+ + a _so.a+_+as+ GI b b I+ F + + F +-•-+--..•-4-•+—+ + ♦ b OFF 1 C E :•4�• T' - 1 + + ♦ + ♦ + + + + + + + ai « . i. . . . . . . . _ , jF F + + + f + + + } + + ,f + + + + r--+--a-•-1--�-+ + + ' E'1 4 t + + + t + —MASONRY �_+ + + + + + + + +,+ + ♦ I FRONT -•1,,. 1 + F + * F + + + + + + + -0 75' ' j+ + * •+ + t + + • + + + + + + + + ♦ + t o I PHASE II EXPANSION 11 • 1 • I .4 + + 3 I (NOTE: FUTURE DATE) I + + + ♦ + + F + t ♦ + + EXPANSION 5^} • � + + + ♦ + + + + + + + + LI- b _ k.+�tevty11*S,D*+c�gltl'y4.40+*--++ ------- ----- - • I (FUTURE DATE) j(j$j�• • I + + + + + + + + + + + I 20O'-o' 127-6' \+"••• ••••••••••••• • 4 + + + + + t F + # 4 # IL ,I ••• N+*+*+*+*+*+*+*+***+++*++ 6•IHN..5000 PS CONCRETE •.. b Y-a' IPS'8' SPY IFIBF 6' 60•-0' 50'-0' 67-0' 7Xf-0' © Nitre. ''�11� t1fS .TREES:Ott-37 e$75.03 PER TREE 6tsT.N» SITE PLAN �{ C01[REIE 1525 PER 50.FT.(88,725 SO FT.) (a72)+11 AEXIt 11.75 PER 50.FE. 5a.600 50.FT.)j [R115NED CONCFlIE 11.00 PEA 50.fI. N,62S 50.iT.) -R309 mut WOK sq z... ®am .' du.NM a a.K 0 10 20 50 w SD PROP'O HOFFMAN BLAST ROOM EQUIP. ® OFFICE&FAB.FACILITY . Rw MAmM M. SITE PLAN .®3 Hoffman Blast Room Equipment Property Tax Analysis March 6, 1998 Assumptions: $1,516,775 total value $800,000 Phase I & Phase II Construction $350,000 Personal Property $366,775 Land Value ($1.00 per square foot) :.....<;.::<::::.;::; i:iii:; :::::..:::: ewe. O� ..:.:: : lte:. fltn.. z ut t..:;::. €I!: 10; 56:. ... ; : :::;Tatar.. 2000 $24,723 $10,238 $3,944 $1,495 $40,400 2001 24,723 10,238 3,944 1,495 40,400 2002 24,723 10,238 3,944 1,495 40,400 2003 24,723 10,238 3,944 1,495 40,400 2004 24.723 10,238 3,944 1,495 40.400 Total $123,617 $51,191 $19,718 $7,474 $202,000