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01-14-1992 (City Council) Agenda Packet t AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS 7:00 PM TUESDAY, JANUARY 14, 1992 COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 SH 78 N d CALL TO ORDER INVOCATION: DON YEAGER WYLIE UNITED METHODIST CHURCH ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1. 1 Consider approval of minutes from meeting held on December 28, 1991. CONSENT AGENDA The following items are to be considered as one item. The Council may move, by motion and second, to approve or reject all items contained within. Any Council member may request that an item or items be pulled from the Consent Agenda and considered separately. If such a request is made, those items will occur in numerical order immediately following the vote on the Consent Agenda. 2. 2-3 Consider approval of payment of Invoice No 9188 in the amount of $5940.72 to Helmberger Associates for services rendered through 12.16.91 in connection with closure plan for the Wylie Municipal Landfill. 4-5 Consider approval of payment of Invoice No. 03-028905-003 in the amount of $3856.80 to Jones & Neuse for November 1991 services - Groundwater Monitor Well Sampling. 6-7 Consider approval of payment request in the amount of $4000 to Lane & Associates for appraisal services for R.O.W. for Alanis Road. 8 Consider approval of Computer Software Request for Proposal (RFP). 9-36 Consider authorization to seek bids for Solid Waste Collection and Disposal. 37-38 Consider award of bid for Annual Motor Fuel Contract. ORDER OF PAGE BUSINESS REFERENCE BUSINESS 6. 55-62 Consider any action to be taken with regard to the Bridge on Thomas Street, and the Extension of Pirate Drive. 7. 63-65 Consider approval of City's share of Escrow Deposit ($22,420) with regard to the Regional Wastewater Treatment Plant. 8. Consider options regarding repair to Rush Creek Drainage Ditch. 9. 66-72 Discuss November, 1991 City of Wylie Financial Report, as prepared by the Finance Dept. 10. 73-74 Discuss update on Revenues received from Community Park Activities for 1991. 11. CITIZEN PARTICIPATION In accordance with the Open Meeting Act, the City Council will hear comments of Public Interest from citizens residing within the City limits of Wylie. Any discussion must be limited to placing the item on a future agenda for consideration. Wylie residents wishing to speak before the Council should fill out the form provided at the back of the Chamber and will limit their remarks to a maximum of five (5) minutes. EXECUTIVE SESSION 12. Recess Open Meeting. 13. Convene Council into Executive Session under the Authority of Article 6252-17 V.A.C.S., Section 2, paragraph "e" for the purpose of conferring with the City Attorney regarding the closure of the Municipal Landfill and acquisition of R.O.W. for Alanis Road . 14. Reconvene Council into Open Session. 15. Consider any action appropriate from Executive Session. 16. ADJOURN SPECIAL CITY COUNCIL MEETING MINUTES December 28 , 1991 The City of Wylie City Council met in special session on Saturday , December 28 , 1991 at 8: 00 A.M. in the Council Conference Room of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John Akin , Mayor Pro Tem Jay Davis , Council illMembers Jim Swartz , Don Hughes , Ortie Messenger , and Wiloimy Steve i . Acting City Manager Carolyn Jones , City Deiter , City Engineer Paul Beaver , and Secretary Barbara LeCocq . CONSIDER AWARD OF BID FOR CONTRACT TO CLOSE WYLIE MUNICIPAL LANDFILL: The bid from Randall and Blake had a calculation error which was in our favor . $ 172 , 692 . 50 is the actual amount of the bid . Councilman Hughes made a motion that we accept the City Engineer' s recommendation and approve the bid from Randall and Blake for $ 172 , 692 . 50 . Seconded by Mayor Pro-Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , and Councilman Messenger - in favor . The motion carried with six in favor . DISCUSS DRAINAGE CHANNEL IN RUSTIC OAKS SUBDIVISION: This item was for discussion only. Council asked the City Engineer to bring back possible solutions to this problem at the next council meeting . RECESS OPEN MEETING RECESSED REGULAR BUSINESS MEETING AND CONVENED COUNCIL INTO EXECUTIVE SESSION UNDER THE AUTHORITY OF ARTICLE 6252-17 V.A.C.S , SECTION 2 , PARAGRAPH "G" PERSONNEL MATTERS - FIRST INTERVIEW SESSION WITH APPLICANTS FOR CITY MANAGER POSITION AND EVALUATION OF CITY ATTORNEY: RECONVENE OPEN MEETING: Action from the executive session is as follows : Jim Swartz made a motion that four applicants be selected to come back for a second interview after thorough background investigations . They are Ken Evans , Don Taylor , Jack Cummings and Steve Norwood . Seconded by Councilman • Messenger . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , and Councilman Messenger - in favor . The motion carried with six in favor . There being no other business for discussion , a motion was made to adjourn . MEMORANDUM TO: Carolyn Jones, Acting City Manager FROM: Paul D. Beaver, Director of Planning & Engineering Pa DATE: January 6, 1992 SUBJECT: Helmberger Associates Invoice No. 9188 Services rendered through 12-16-91 Closure Plan for Wylie Municipal Landfill Attached is pay request #9188 from Helmberger Associates in the amount of $5, 940. 72 for expenses directly related to the closure of the landfill . This work finished the design of the landfill cap plus realigned the existing Alinis Drive with minimum negative impact on the three property owners. The $46, 500 not to exceed contract is now 86% complete by dollar amount billed to date. Please place this item on the next Council Agenda. Payment is recommended. • hlmbform HELMBERGER ASSOCIATES HRVCA© ►IFir1r n r11 A' (w . WO. CIVIL AND ENVIRONMENTAL ENGINEERS 1:4 11(►nrrii 111) P.O. BOX 861351 1.%,t tr, 1 Y 7ratlIt; PLANO,TEXAS 75086-1351 (214)442-7459 I;I\\id ! _ Ill a City of Wylie INVOICE NO. : 9188 2000 Highway 78 North PN,# : 9188 P.O. Box 428 DATE : DECEMBER 16, 1991 • Wylie, Texas 75098 Attn: Mr. Paul Beaver, P. E. , Director of Planning and Engineering Professional services rendered to date for providing the three surveys listed below, redesigning Alanis Lane to meet County design criteria, researching need for 100 ' Right-of-Way (R-O-W) requirement, coordinating R-O-W layout with the City and affected property owners, preparing exhibits and metes and bounds descrip- tions for filing at the County Courthouse. FOR PROFESSIONAL SERVICES RENDERED THROUGH 12-16-91 SERVICES APPROVED 12/4/91 Direct Salary Expense: Staff Engineer 32 .75 Hrs. * $57 . 50/Hr. = $ 1,883 .13 Total Direct Salary Expense $ 1,883 . 13 Direct Costs: 3 . 557 Acre Pockrus Survey $1, 225.00 * 1. 0 = $ 1,225.00 10. 20 Acre St John/Tibbals Survey $1, 325.00 * 1. 0 = $ 1, 325.00 13 .845 Acre St John Survey $1, 500. 00 * 1. 0 = $ 1, 500.00 Copies 66 copies * $0. 10 * 1. 15 = $ 7. 59 Total Direct Cost $ 4, 057.59 AMOUNT DUE THIS INVOICE $ 5,940.72 (11 Inv.#9188 JEH 1 Z i 16 j CI( WHITE•ORIGINAL YELLOW-REMITTANCE COPY PINK-FILE MEMORANDUM TO: Carolyn Jones, Acting City Manager FROM: Paul D. Beaver, Director of Planning & Engineering ra DATE: January 6, 1992 SUBJECT: Jones & Neuse Pay Estimate Invoice No. 03-028905-003 November 1991 Services Groundwater Monitor Well Sampling Attached is a payment request from Jones & Neuse in the amount of $3, 856. 80 for the third calendar quarter monitor well testing required by the Texas Department of Health. This testing provided the information which the landfill closure plan was approved upon. This represents 54% completion by dollar amount of the 9-11-91 approved contract. Please place this item on the next Council Agenda. Payment is recommended. l \` 1 Dece r.\j�TS,��1,y .r-- Invoice No. 03-028905-003 JONES AND NELJSE, INC. r N 1 181 1 111-It1 East, Suite 275 �t+ t, Ji� " \ '. Phase I Houston, Jexas 77029 71 t-4S0.Itt02 l \',.1...-2:::: "--'..- ---. W. Paul Bearer Finance Director City of Wylie 2000 Hwy 78N Wylie, TX 75098 _ — - - — _PM-1-4— Period of Service: November 1, 1991 through November 30, 1991 Labor Env Specialist VI 4 .250 hr @ $ 90.00/hr = 382 .50 Clerk III .250 hr @ $ 33 . 00/hr = 8 .25 Clerk II .250 hr @ $ 25 . 00/hr = 6 .25 397.00 Expenses Mail/Shipping 1. 53 Reproduction 106.00 Subcontracts 3338 .33 Telecommunications ,. 13 .94 3459 .80 Amount Due This Invoice $ 3856.80 PAYMENT OF THIS INVOICE IS DUE WITHIN 30 DAYS . AFTER 30 DAYS, INTEREST OF 1% PER MONTH WILL BE APPLIED TO AMOUNT DUE. TERMS:Net cash,due on receipt of invoice.Payable in Houston.Harris County,Texas A I".MONTHLY SERVICE CHARGE(12%pet annum)WILL BE ADDED TO SUBSEOUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT. MEMORANDUM TO: Carolyn Jones, Acting City Manager FROM: Paul D. Beaver, Director of Planning & Engineering Pa DATE: January 6, 1992 SUBJECT: Lane & Associates Payment Request Appraisal Services for Alanis Drive R. O. W. Attached is a payment request from Lane & Associates in the amount of $4, 000 for appraisals on three tracts of property whose acquisition is directly related to the landfill closure. The base appraisal research has now been accomplished for any additional appraisals required for the Alanis Drive upgrade which is tentatively set for late summer in 1992. Please place this item on the next Council Agenda. Payment is recommended. lanepay LANE & .ASSOCIATES Professional Real Estate Appraisers&C nsultants December 19, 1991 �, �.• r ,t Paul Beaver, City Engineer City of Wylie P.O. Box 428 Wylie, Texas 75098 RE: Research and Appraisals on Parcels # 10, # 11, and # 12 for the Alanis Lane Right-of-Way, Wylie, Collin County, Texas Tax ID #: 75-1947706 Dear Mr. Beaver: For appraisal services on the following: Research $ 1,500 Parcel # 10 750 Parcel # 11 750 Parcel # 12 $ 1.000 Total $ 4,000 Sincerely, Tom R. Lane, SRA/SRWA I adim � f Chad L. Campbell TRL;CLC/jv 1414 South Tennessee Street • McKinney, TX 75069 !I I '548-0715 • (Metro) 214/235-1515 MEMORANDUM DATE: January 9, 1992 TO: Carolyn Jones , Acting City Manager FROM: Brady Snellgrove, Finance Director SUBJECT: Computer Software Request For Proposal (RFP) We are close to finishing the RFP specifications for the Finance computer software system. I would like to seek the City Council 's permission to go ahead with the bid advertisement and the issuance of this RFP to prospective software vendors when it is finished. I have been working closely with Dennis Hensley on technical aspects of this project and will also will have Jim Holcomb review the RFP for all of the appropriate bid language required for the proposal . When this document is in a finished format it will be made available to any Council Member that wants to see it . It is my recommendation that this RFP should be put out for bid as soon as it is completed. INSTRUCTIONS TO PROPONENTS SOLID WASTE COLLECTION AND DISPOSAL 1. RECEIPT AND OPENING OF PROPOSALS The City of Wylie (the "City" ) invites and will receive proposals on the forms attached hereto, all information on which must be appropriately filled in. Proposals will be received at the office of the Purchasing Agent at the Wylie Municipal Complex - 2000 Hwy. 78N - Wylie, Texas until 2 :00 P.M. , February 5, 1992, and publicly read aloud at that time and place. The envelopes containing the proposals must be sealed and addressed to the Purchasing Agent, City of Wylie Municipal Complex - P.O. Box 428 - 2000 N. Hwy. 78N - Wylie, TX.- 75098, and plainly marked "SOLID WASTE COLLECTION PROPOSAL" . 2 . PREPARATION OF THE PROPOSAL All proposals must be prepared and signed by the proponent in the form attached hereto (EXHIBIT "A" ) and without removal from this pamphlet. Additional copies of the proposal form may be obtained from the City. All blank spaces in each proposal form together with appropriate schedules must be completed in full in ink or typewritten, in both words and figures. If a unit price or a lump sum already entered by the proponent on the proposal form is to be altered, it shall be crossed out with ink and the new unit price or lump sum bid entered above or below it, and initialed by the proponent in ink. The proposals received will be compared on the basis of the summation of the lump sum amount bid and the products of the quantities of items listed at the unit prices bid. In case of a discrepancy between the total shown in the proposal and that obtained by adding the products of the quantities of items at the unit prices, the unit prices as written out in words in the proposal shall govern and any errors found in said products, and in the addition, will be corrected. Each proposal, together with appropriate schedules, must be submitted in a a sealed envelope bearing on the outside the name of proponent, his address, and plainly marked "SOLID WASTE COLLECTION PROPOSAL" . If forwarding by mail, the sealed envelope containing the proposal must enclosed in another envelope addressed as specified in the proposal. The City may consider informal any proposal not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all proposals. Page - 2 Solid Waste Any proposal may be withdrawn prior to the above scheduled time for the opening of proposals or authorized postponement thereof. Any proposal received after the time and date specified shall not considered. 3. PROPOSAL SECURITY AND EVIDENCE OF INSURANCE Each Bidder's proposal must be accompanied by a bond or a certified check of the proponent in an amount equal to Ten Thousand Dollars ($10,000.00) , as a guarantee on the part of the proponent that he will, if called upon to do so, accept and enter into a contract on the attached form (or such form as may mutually be agreed upon by the City and the selected proponent) , to perform the work covered by such proposal and at the rates stated therein and to furnish a corporate surety bond for its faithful and entire performance. Checks and bonds will be returned promptly after the City and the selected proponent have executed three (3) copies of the Contract, or, if no proponent's proposal has been selected with ninety (90) days after the date of the opening of proposals, upon demand of the proponent at any time thereafter, so long as he has not been notified of the acceptance of his proposal. Each proposal must accompanied by a certificate of insurance evidencing the coverages set forth in Section 11 .00 of the General Specifications. 4 . LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO THE CONTRACT The contract shall be deemed as having been awarded when formal notice of award shall have been mailed by the City to the proponent by certified mail, return receipt requested. The proponents to whom the contract shall have been awarded will be required to execute three (3) copies of the contract on the form attached hereto (or such form as may mutually be agreed upon by the City and the selected proponent) and to furnish insurance certificates, all as required. In case of his refusal or failure to do so within twenty (20) days after his receipt of formal notice of ward, proponents will considered to have abandoned all his rights and interests in the award, and proponents's proposal security may be declared forfeited to the City as liquidated damages and the award may then be made to the next best qualified proponent or the work readvertised for proposals as the City may elect. Page - 3 Solid Waste r 5. SCOPE OF WORK The work under this contract shall consist of the items contained in the proposal, including all incidentals necessary to fully complete said work in accordance with the contract documents. 6. CONDITIONS Each proponent shall fully acquaint himself with conditions relating to the scope and restrictions attending the execution of the work under the contract. Proponents shall thoroughly examine and be familiar with the General Specifications. The City will not provide a disposal site for refuse collected by the contractor. The failure or omission of any proponent to receive or examine any form, instrument, addendum or other document, or to acquaint itself with conditions existing, shall in no way relieve it of any obligations with respect to this proposal or to the contract. The City shall make all such documents available to the proponents. The proponents shall make his own determination as to conditions and shall assume all risk and responsibility and shall complete the work in an under conditions he may encounter or create, without extra cost to the City. The Proponent's attentions is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the work to be performed shall apply to the Contract throughout, and they will be deemed to be included in the Contract as though written out in full in the contract. 7 . ADDENDA AND EXPLANATIONS Explanations desired by a prospective proponent shall be requested of the City in writing, and if explanations are necessary, a reply shall be made in the form of an Addendum, a copy of which will be forwarded to each proponent. Every request for such explanation shall be in writing addressed to Purchasing Agent. Any verbal statements regarding same by any person, previous to the award, shall be unauthoritative and not binding. Addenda issued to prospective proponents prior to date of Page - 4 Solid Waste receipt of proposals become a part of the contract documents, and all proposals shall include the work described in the Addenda. No inquiry received within seven (7 ) days of the date fixed for the submission and opening of proposals will be given considerations. Any and all such interpretations and any supplemental instructions will be in the form of written Addenda, which, if issued shall be mailed by certified mail, return receipt requested, to all perspective proponents (at the respective addresses furnished for such purposes) , not later than five (5) days prior to the date fixed for the opening of proposals. 8. NAME, ADDRESS, AND LEGAL STATUS OF THE PROPONENT The proposal must be properly signed in ink and the address of the proponent given. The legal status of the proponent, whether corporation, partnerships, or individual, shall also be stated in the proposal. A corporation shall execute the proposal by its duly authorized officers in accordance with it corporate by-laws and shall list the State in which it is incorporated. A partnership proponent shall give full names and addresses of all partners. Partnership and individual proponents will be required to state in the proposal the names of all person interested therein. The places of residence of each proponent, or the office address in the case a firm or company, with county and state and telephone number, must be given after his signature. If the proponent is a joint venture consisting of a combination of any or all of the above entities, each joint venturer shall execute the proposal. Anyone signing a proposal as a agent of another or others must submit with his proposal, legal evidence of his authority to act in such capacity. 9. COMPETENCY OF PROPONENT The opening and reading of the proposal shall not be construed as an acceptance of the proponent as a qualified, responsible proponent. The City reserves the right to determine the competence and the responsibility of the proponent from its knowledge of the proponent's qualifications and from other sources. Page - 5 Solid Waste The City will require submission with the proposal of certified supporting data regarding the qualifications of the proponent in order to determine whether he is a qualified, responsible proponent. The proponent will be required to furnish the following information sworn to under oath by him: (a) An itemized list of the proponent's equipment available for use on the contract. (b) A copy of the latest available financial state- ments of the proponent (or its parent corpor- ation if individual subsidiary or division financial statements are not prepared and gen- erally available) certified by a nationally recognized firm of independent certified public accountants. (c) Evidence that the proponent is in good standing in the State of Texas, and, in the case of a corporation organized under the laws of any other State, evidence that the proponent is licensed to do business in the State of Texas or a sworn statement that it will take all necessary action to become so licensed if its proposal is accepted. In the event that the City shall require additional certified supporting data regarding the qualifications of the proponent in order to determine whether he is a qualified, responsible proponent, the proponent may be required to furnish any or all of the following information sworn to under oath by him: (a) Evidence that the proponent is capable of commencing performance as required in the contract documents. (b) Evidence, in form and substance satisfactory to the City, that proponent has been in existence as a going concern for in excess of three (3) years and possesses not less than three ( 3) years actual operating experience as a going concern in refuse collection. (c) Evidence, in form and sustance to City, that proponent possesses as a going concern the managerial and financial capacities to perform Page - 6 Solid Waste all phases of the work called for in the contract documents. (d) Evidence, in form and substance satisfactory to City that proponent's experience as a going concern in refuse collection operation derives from operations and comparable size to that contemplated by the contract documents. (e) Such additional information as will satisfy the City that the proponent is adequately prepared to fulfill the contract. The Proponent may satisfy any or all may satisfy any or all of the experience and qualification requirements of this paragraph 11 by submitting the experience and qualifications of its parent corporation and subsidiaries of the parent. 10. DISQUALIFICATION OF PROPONENTS Although not intended to be an exhaustive list of causes for disqualification, any one or more of the following causes, among others, may be considered sufficient for the disqualification of a proponent and the rejection of his proposal: (a) Evidence of collusion among proponents. (b) Lack of competency as revealed by either financial statements, experience or equipment statements as submitted, or other factors. (c) Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted. (d) Default on a previous municipal contract for failure to perform. 11. BASIS OF THE PROPOSAL Proposals with respect to solid waste collection are solicited on the basis of rates for each type of collection work. Proposals will be compared on the basis of the summation of the rates proposed. The rates as written out in words in the proposal shall govern and any errors found will be corrected. 12 . QUANTITIES Page - 7 Solid Waste The City estimates that the number of residential units initially serviced under the Contract is 2,800. No estimate is attempted for commercial and industrial collection service. The proponent may wish to utilize his own or other estimates and to provide for growth or shrinkage factors. The City makes no representation as to the reliability of its estimate for residential units. Unit price computation for residential units shall be based upon such estimate. 13. METHOD OF AWARD The City reserves the right to accept any proposal or to reject any or all proposals, and to waive defects or irregularities in any proposal. In particular, any alteration, erasure of interlineation of the contract documents and of the proposal shall render the accompanying proposal irregular and subject to rejection by the City. The City intends that the Contract shall be awarded within thirty (30) days following the date that proposals are publicly opened and read. GENERAL SPECIFICATIONS 1.00 DEFINITIONS 1.01 Bags 1.02 Bin 1.03 Bulky Waste 1.04 Bundle 1.05 City 1.06 Commercial and Industrial Refuse 1.07 Commercial and Industrial Unit 1.08 Construction Debris 1.09 Container 1. 10 Contractor 1. 11 Dead Animals 1. 12 Disposal Site 1. 13 Garbage 1. 14 Hazardous Waste 1. 15 Landfill 1. 16 Producer 1. 17 Refuse 1. 18 Residential Refuse 1. 19 Residential Unit 1.20 Rubbish 1.21 Contract Documents 1.22 Stable Matter 1.23 Commercial Hand Collect Unit 1.24 Recyclable Commodities 1.25 Recycling Containers 1.26 Polycart Containers 2 .00 SCOPE OF WORK 3.00 COLLECTION 3.01 Service Provided 3.02 Location of Bins, Containers, Bags and Bundles for Collection 4 .00 COLLECTION OPERATION 4 .01 Hours of Operation 4 .02 Routes of Collection 4 .03 Holidays 4 .04 Complaints 4 .05 Collection Equipment 4 .06 Office 4 .07 Hauling 4 .08 Disposal Page - 2 General Specifications 4.09 Notification 4. 10 Point of Contact 5.00 COMPLIANCE WITH LAWS 6.00 EFFECTIVE DATE 7 .00 NONDISCRIMINATION 8.00 INDEMNITY 9.00 LICENSE AND TAXES 10.00 TERM 11.00 INSURANCE 12 .00 BOND 12 .01 Collection 12.02 Power of Attorney 13.00 BASIS AND METHOD OF PAYMENT 13.01 Collection 13.02 Modification to Rates 13.03 City to Act as Collector 13.04 Delinquent and Closed Accounts 13.05 Contractor Billing to City 14.00 TRANSFERABILITY OF CONTRACT 15.00 EXCLUSIVE CONTRACT 16.00 OWNERSHIP Page - 3 General Specifications 1.00 DEFINITIONS 1.01 BAGS - Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 35 pounds. 1.02 BINS - Metal receptacle designed to be lifted and emptied mechanically for use only at commercial and industrial units. 1.03 BULKY WASTE - Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than construction debris, dead animals, or hazardous waste with weights or volumes greater than those allowed for bins or containers, as the case may be. 1 .04 BUNDLE - Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding three feet in length or 35 lbs. in weight. 1.05 CITY - City of Wylie, Texas. 1 .06 COMMERCIAL AND INDUSTRIAL REFUSE - All bulky waste construction debris, garbage, rubbish generated by a producer at a commercial and industrial unit. 1.07 COMMERCIAL AND INDUSTRIAL UNIT - All premises, locations or entities, public or private, requiring refuse collection within the corporate limits of the City not a residential unit. 1.08 CONSTRUCTION DEBRIS - Waste building materials resulting from construction, remodeling, repair or demolition operations. 1.09 CONTAINER - A receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a container and its contents shall not exceed 60 lbs. 1 . 10 CONTRACTOR - The person, or partnership performing refuse collection and disposal under the contract with the City. Page - 4 General Specifications 1. 11 DEAD ANIMALS - Animals or portions thereof equal to or greater than 10 lbs. in weight that have expired from any cause, except those slaughtered or killed for human use. 1. 12 DISPOSAL SITE - A refuse depository including but not limited to the landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive refuse and/or dead animals for processing or final disposal. 1. 13 GARBAGE - Any and all dead animals of less than 10 lbs. in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing consumption, dealing in, handling, packing, canning, storage transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, that used in tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents) ; except (in all cases) any matter included in the definition of bulky waste, construction debris, dead animals, hazardous waste, or rubbish. 1. 14 HAZARDOUS WASTE - Any chemical, compound, mixture, substance or article which is designated by the United States Environments Protection Agency or appropriate agency of the State to be "hazardous" as that term is defined by or pursuant to Federal or State law. 1. 15 LANDFILL - A facility used by the contractor where trash and garbage are disposed of by burying between layers of earth. 1. 16 PRODUCER - An occupant of a commercial industrial unit or a residential unit who generates refuse. 1. 17 REFUSE - This term shall refer to residential refuse and bulky waste, construction debris generated at a residential unit, unless the context otherwise requires, and commercial and industrial refuse. 1. 18 RESIDENTIAL REFUSE - All garbage and rubbish generated by a producer at a residential unit. Page - 5 General Specifications 1. 19 RESIDENTIAL UNIT - A dwelling within the corporate limits of the City occupied by a person or group of persons comprising no more than four families. A residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less contiguous or separate single-family dwelling units, shall or less contiguous or separate single-family dwelling units, shall be treated as a residential unit, except that each single- family dwelling within any such residential unit shall be billed separately as a residential unit. 1.20 RUBBISH - All waste wood, wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, flood sweeping, glass, mineral or metallic substances, and any and all waste, construction debris, dead animals, garbage, or hazardous waste. 1.21 CONTRACT DOCUMENTS - The request for Proposals, Instructions to Proponents, Contractor's Proposal, General Specifications, the Agreement, Performance Bond and any addenda or changes to the foregoing documents agreed to by the City and the Contractor. 1.22 STABLE MATTER - All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry, or livestock. 1.23 COMMERCIAL HAND COLLECT UNIT - A retail or light commercial type of business which generates no more than 14 30 gal. bags or containers of refuse per week. 1.24 RECYCLABLE COMMODITIES - Material collected by the contractor pursuant to the contract documents, which can be sold in a spot or future market for processing and use or reuse including, but no limited to, newsprint, plastic (pet and hdpe) , glass containers, aluminum cans and metal (tin) cans. 1 .25 RECYCLING CONTAINER - A plastic receptacle, designed for the purpose of curbside collection of recycling Page - 6 General Specifications commodities, with minimum capacity of 18 gallons. Containers shall be of a type currently utilized in other municipal recycling programs. 1.26 POLYCART CONTAINER - A pneumatic wheeled container, having a minimum capacity of 95 gallons, designed for automated or semi-automated solid waste collection systems; (Otto Industries, Inc. - Model MSD-95 or equal) . Construction shall be injection molded polyethylene. 2.00 SCOPE OF WORK The work under this contract shall consist of the itepis contained in the proposal including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the contract documents. 3.00 COLLECTION 3.01 SERVICE PROVIDED a) Contractor shall provide curb side collection service for the collection of residential refuse to each residential unit twice per week according to bid. Bags, containers and bundles shall be placed at curb side by 7 :00 A.M. on the designated collection day. b) Contractor shall provide bin collection service for the collection of commercial and industrial refuse to commercial and industrial units according to individual agreements. The contractor shall provide commercial hand collection service for commercial hand collect units as define in 1.23 of definitions. c) Contractor shall provide transportation of collected refuse to the landfill site for disposal, which responsibility is solely that the landfill operator. d) The contractor shall provide for the special collection from residential units of bulky waste. Also, the contractor may from time to time provide for the special collection of dead animals and hazardous waste at commercial and industrial units and residential units at its sole discretion and upon such terms as contractor shall specify. (See Para. 12 .01 B) Page - 7 General Specifications 3.02 LOCATION OF BINS, BAGS, CONTAINERS AND/OR BUNDLES FOR COLLECTION a) Each bag, container, and/or bundle shall be placed at curb side for collection. Curb side refers to that portion of right-of-way adjacent to paved or traveled City roadways. Bags, containers, and/or bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, bags, containers, and/or bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any bag, container, and/or bundle not so placed. b) Contractor shall provide bins for commercial and industrial units whenever customers request their use. Each bin shall be placed in an accessible, outside location on a hard surface according to individual agreement. Contractor may decline to collect refuse in bins not so placed. 4 .00 COLLECTION OPERATION 4 .01 HOURS OF OPERATION a) Collection of residential refuse shall not start before 7:00 A.M. or continue after 7 :00 P.M. on the same day. Exceptions to collection hours shall be effected only upon the mutual agreement of the City and contractor, or when contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. b) Collection of commercial and industrial refuse shall take place according to individual agreement. 4 .02 ROUTES OF COLLECTION a) Residential and Commercial collection routes shall be established by the contractor. Contractor shall submit a map designating the residential unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. City shall publish at its expense at least once during each calendar year a map of such residential unit collection routes in a newspaper published in the immediate area. The published map shall be Page - 8 General Specifications of such size to clearly show all pertinent information. The contractor may from time to time propose to City for approval changes in routes or days of collection affecting residential units, which approval shall not be unreasonably withheld. Upon City's approval of the approved changes, City shall promptly give written or published notice to the affected residential units. b) Commercial and residential unit collection routes shall be established by the contractor at its sole discretion. 4 .03 HOLIDAYS - The following shall be holidays for purposes of this contract: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Contractor may decide to observe any or all of the above- mentioned holidays by suspension of collection services on the holiday, but such decision in no manner relieves contractor of his obligation to provide collection service at residential units at least twice per week. 4 .04 COMPLAINTS - All complaints shall be made directly to the contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the refuse not collected within 24 hours after the complaint is received. 4 .05 COLLECTION EQUIPMENT - The contractor shall provide an adequate number of vehicles for regular collection services. All vehicles, bins and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the contractor. 4 .06 OFFICE - The contractor shall maintain an office of such other facilities through which he can be contacted. Page - 9 General Specifications It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 A.M. to 5:00 P.M. Monday through Friday. 4 .07 HAULING - All refuse hauled by the contractor shall be so contained, tied or enclosed that leaking, spilling or blowing are reasonably prevented. 4 .08 DISPOSAL - All refuse collected for disposal by the contractor shall be hauled to a landfill or other disposal site. 4 .09 NOTIFICATION - The City shall notify all producers at residential units about complaint procedures, rates, regulations, and days for scheduled refuse collection. 4 . 10 POINT OF CONTACT - All dealing, contracts, etc. , between the contractor and the City shall be directed by the contractor to the City Manager or Finance Director. Whomever the City designates as the contact. 5.00 COMPLIANCE WITH LAW The contractor shall conduct operations under this contract in compliance with all applicable laws; provided, however, that the general specifications shall govern the obligations of the contractor where there exist conflicting ordinances of the City on the subject. 6.00 EFFECTIVE DATE This contract shall be effective upon the execution of the contract and performance of such contract shall begin on 7 .00 NONDISCRIMINATION The contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin. 8.00 INDEMNITY The contractor will indemnify, save harmless, and exempt the City, its officers, agents, servants, and Page - 10 General Specifications employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, cost, expenses, and attorneys' fees incident to any work done in the performance of this contract arising out of a willful or negligent act or omission of the contractor, its officers, agents, servants and employees; provided, however, that the contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees. 9.00 LICENSES AND TAXES The contractor shall obtain all licenses and permits (other than the license and permit granted by the contract) and promptly pay all taxes required by the City and by the State. 10.00 TERM The contract shall be for a five (5) year period beginning upon the execution of the contract and ending five (5) years thereafter. The initial terms of this contract shall automatically be extended for successive additional one ( 1) year terms, unless either party notifies the other party in writing, not less than sixty (60) days and not more than ninety (90) days prior to the expiration of the initial five (5) year term or of any successive one ( 1) year term of its intentions to terminate this contract. Any such written notice shall be served by certified or registered mail, return receipt request. 11.00 INSURANCE The contractor shall at all times during the contract maintain in full force and effect employer's liability, worker's compensation, public liability and property damage insurance, including contractual liability coverage for the provisions of Section 8 .00. All insurance shall be by insurers and for policy limits acceptable to the City; and, before commencement of work hereunder, the contractor agrees to furnish the City Page - 11 General Specifications certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the cer- tificate holder, thirty (30) days prior written notice will be given the certificate holder" . For the purpose of the contract, the contractor shall carry the following types of insurance in at least the limits specified below: Coverage Limits of Liability Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 each aggregate Property Damage Liability $500,000 each occurrence Except Automobile $500,000 aggregate Automobile Bodily Injury $500, 000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Excess Umbrella Liability $5,000,0000 each occurrence As an alternative to the above, contractor may insure the above public liability and property coverage under a plan of self insurance. Each insurance policy with respect to public liability insurance may provide for a self-insured retention of an amount of $250,000 with the result that the contractor is its own insurer to the extent. The coverage may be provided by the contractor's parent corporation. The contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self- insurance. 12.00 BOND Page - 12 General Specifications 12.01 PERFORMANCE BOND - The Contractor will be required to furnish a corporate surety bond as security for the performance of this Agreement. Said surety bond must be in the amount of $100,000.00, with no pro rata reduction over the term of the Agreement. 12.02 POWER OF ATTORNEY - Attorneys-in-fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. 13.00 BASIS AND METHOD OF PAYMENT 13.01 COLLECTION a) For collection service required to be performed pursuant to Sections 3.01 (a) - (b) , the charges shall not exceed the rates as shown on EXHIBIT "A" , as adjusted in accordance with Section 13.02 . b) For special collection provided by the Contractor pursuant to Section 3.01 (d) , the charges are to be negotiated between the contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. 13.02 MODIFICATION TO RATES a) The fees which may be charged by the Contractor for the second and subsequent years of the term here of shall be adjusted upward or downward to reflect changes in CPI as defined below. As of the last month of the first year of the contract and every twelve ( 12 ) months thereafter, the fees shall be increased or decreased for the ensuing twelve ( 12) months based on an Annual Adder calculated in accordance with the following formula: Annual Adder = CPI X Base Rates (Exhibit "A" ) for Preceding Twelve Months. Where: CPI = the percentage change for the preceding Calendar Year in Consumer Price Index based on the Index entitled "Dallas-Fort Worth; All Items" ) from the U.S. Department of Labor, Bureau of Labor Statistics publication Page - 13 General Specifications entitled "Southwest Statistical Summary, Consumer Price Index-For all Urban Consumers (CPI-U) , U.S. City Average, Dallas-Fort Worth and Houston" , 1982-1984-100. Percent changes in the index shall be calculated with the base period of 1982-1984-100 until the Bureau of Labor Statistics "BLS" publishes data on a new base period. Calculations shall be made from data on the new base period from that time forward. If the index specified above is discontinued, the parties hereto shall agree by June 1 to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar for CPI as may then be available so as to carry out the intent of this provision. If the BLS designates an index with a new title or code number of table number as being the continuation of the index cited herein, the new index shall be used. If the specific index "Dallas-Fort Worth" is discontinued, but the "U.S. City Average" remains, the latter index will be used. Otherwise, a substitute shall be agreed upon by the parties hereto. As soon as practicable after the end of each Contract Year ( of each year) , the Contractor will determine the amount of the Base Rate adjustment increase (Annual Adder) that will be effective on the second and subsequent years of the term. If a calculation hereunder does not result in an increase in the amount of the Base Rates, the amount of the Base Rates will not be changed hereby. b) The rates charged by the Contractor may also be adjusted to reimburse the Contractor for increases in gate rates (disposal fees) charged at the Disposal Site due to changes in state and federal regulations governing the operation of the disposal site. Adjustments made under this provision may only reflect increases in said gate rates (disposal fees) over and above the Annual Adder as calculated herein. c) If the Disposal Site becomes unavailable for any reason for Refuse disposal during the term of this Agreement, the Contractor shall provide an alternative Disposal Site. In such event, City shall pay an additional amount to Contractor, which amount shall be mutually agreed to between the parties. In the event the parties are unable Page - 14 General Specifications to reach an agreement, Contractor, at its sole discretion, may elect to terminate this Contract on thirty (30) days' notice, or to continue the Contract at the then current rates. d) Every adjustment conferred herein to the rates paid to the Contractor shall be cumulative and in addition to every other rate adjustment conferred herein. 13.03 CONTRACTOR TO ACT AS COLLECTOR - The Contractor shall submit statements to and collect from all commercial and industrial units for services provided by the contractor pursuant to Section 3.01 (b) - (d) . 13.04 DELINQUENT AND CLOSED ACCOUNTS a) The contractor shall discontinue refuse collection service at any residential unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the contractor shall resume refuse collection on the next regularly scheduled collection day. The City shall indemnify and hold the contractor harmless from any claims, suits, damages, liabilities or expenses (including but not limited to expenses of investigation and attorney's fees) resulting from the contractor's discontinuing service at any location at the direction of the City. b) The contractor shall have the right to discontinue refuse collection service at any commercial and industrial unit delinquent in its payments. 13.05 CONTRACTOR BILLINGS TO CITY - The contractor shall bill the City for service rendered to residential units within ten ( 10) days following the end of the month and the City shall pay the contractor on or before the 15th day following the end of such month. Such billing and payment shall be based on the price rates and schedules set forth in the contract documents. The contractor shall be entitled to payment for services rendered to residential unit irrespective of whether or not the City collects from the customer for such service. 14 .00 TRANSFERABILITY OF CONTRACT No assignment of the contract or any right Page - 15 General Specifications accruing under this contract shall be made in whole or in part by the contractor without the express written consent of the City, which consent shall not be unreasonably withheld. In the event of any assignment, the assignee shall assume the liability of the contractor as though it was the original contracting party. 15.00 EXCLUSIVE CONTRACT The contractor shall have the sole and exclusive franchise, license and privilege to provide refuse collection and removal within the corporate limits of the City. The contractor shall at all times have the right to first refusal to the collection of dead animals and hazardous waste from residential units and from commercial and industrial units. 16.00 OWNERSHIP Title to refuse and dead animals shall pass to the contractor when placed in contractor's collection vehicle, removed by contractor from a bin or container, or removed by contractor from the customer's premises, whichever last occurs. 17 .00 FRANCHISE FEE The Contractor shall pay to the City percent ( %) of all amounts received by the Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 25th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. 18.00 BOOKS AND RECORDS The City and the Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; Page - 16 General Specifications provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 13.02 (d) and (e) . 19.00 TERMINATION FOR CAUSE If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. The aforesaid hearing shall not be held until notice of same has been given to the Contractor by registered or certified mail addressed to the Contractor at the address set forth herein, and a period of at least ten ( 10) days has elapsed since the receipt of such notice by Contractor. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. The hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate Refuse collection service for the City, the City Council may be two-thirds vote terminate this Contract. 20.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: if the City, at: P.O. Box 428 Wylie, Texas 75098 Attn: City Secretary if the Contractor, at: Page - 17 General Specifications or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 21.00 APPROVAL This Contract shall not be considered fully executed nor binding on the City or the Contractor until the same shall have been executed by the Contractor, the Mayor and the City Secretary of the City. 22 .00 AMENDMENT All provisions of this Contract shall be strictly complied with and conformed to by the Contractor, and no amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. 23.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, the Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, Act of God or other similar or different contingency beyond the reasonable control of the Contractor. 24 .00 SEVERABILITY In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceability of any provision Page - 18 General Specifications or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 25.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representation, understandings and agreements, either written or oral, with respect to the subject matter hereof. EXHIBIT A CONTRACTOR'S PROPOSAL FOR SOLID WASTE COLLECTION TO: The City of Wylie Proposal of a corporation duly organized under the laws of the State of Texas. The undersigned, having carefully read and considered the terms and conditions of the enclosed Documents for Solid Waste Collection for the City of Wylie does hereby offer to perform such services on behalf of the City, of the type and quality and in the manner described, and subject to and in accordance with the terms and conditions set forth in the Contract Documents at the rates (expressed in word and figures) hereafter set forth: A. Rate per residential unit per month, with two collections per week dollars and cents($ ) . B. Alternate proposal. The following alternates are based on combinations of regular waste (garbage/refuse) collection and curbside collection of recyclable commodities, variations in the number of scheduled collections and an option utilizing pneumatic wheeled polycarts. Bid amounts shall be expressed as the proposed rate per residential unit per month. 1. One regular collection and one recyclable collection per week: dollars and cents ($ Contractor shall provide a sufficient number of 18 gal. recycling containers at a unit price of 2 . Two regular collections and one recyclable collection per week: dollars and cents ($ Page - 2 Contractor's Proposal 3. One regular collection, utilizing polycart containers and one recyclable collection per week: dollars and cents ($ a. Contractor shall provide, at no cost to the City, one polycart container for each resident unit. Containers shall conform to Section 1.26 of the General Specifications and shall be subject to acceptance by the City. b. Contractor agrees to replace lost, stolen or damaged container up to % of the total number of containers provided under the initial contract. c. Containers shall become the property of the City at the end of the initial contract period. 4 . To enhance the successful implementation of a curb- side recycling program, the contractor shall provide the following educational and promotional assistance (describe) : Contractor shall be responsible for % of educational/promotional costs. C. Schedule of proposed charges for commercial/industrial collection: 1. Commercial hand collection - monthly rate per unit, with two collections per week: dollars cents ($ 2. Commercial bin collection: Bin Capacity Number of Collections per Week 1 2 3 4 5 6 2 yard 3 yard Page - 3 Contractor's Proposal 4 yard 6 yard 8 yard PROPONENT: BY: PRINCIPAL OFFICE ADDRESS: TELEPHONE NUMBER: MEMORANDUM DATE: 01/08/92 TO: Brady Sneligrove, Finance Director FROM: Jim Holcomb, Purchasing Agent RE: Bid for Annual Motor Fuel Contract Please have the above referenced bid placed on the Council Agenda for consideration at the January 14, 1992 meeting. Bids were solicited from D/FW area fuel distributors, and based on the vendor's gross profit margin which is expressed in the bid as a fixed rate mark-up on the wholesale rack price at the time of purchase. The only supplier submitting a bid this year was Ricochet Fuel Distributors (see attached bid sheet) . Their mark-up on all fuel purchases would be $.039 per gallon which is somewhat lower than the previous contract with Reeder Distributors. Reeder declined to bid this year. My recommendation is for Council to award the City's annual motor fuel contract to Ricochet Fuel Distributors. OR'-( BID SHEET (S) State minimum number of gallons for transport loads to the City of Wylie i any: NONE gallons RACK PRICE TOTAL TYPE FUEL ( 10/12/90 ) MARK UP SELLING/PRICE* PREMIUM UNLEADED $ • 744 /GAL+ % OR $ _039 /GAL. _ $ • 783 GAL REGULAR UNLEADED $ . 704 /GAL+ % OR $ .039 _/GAL. _ $ •743 GAL #2 DIESEL $ . 7065 /GAL+ % OR $ .039 /GAL. _ $ •7455 GAL *DO NOT INCLUDE TAXES OR LOADING FEES DELIVERY RESPONSE TIME AFTER RECEIPT OF ORDER: 24 hours - rush orders are possible METHOD FOR TEMPERATURE ADJUSTMENT: manifest Fuel Bid is - Koch Refining - Euless , Texas HAVE REQUESTED ANALYSIS SHEETS BEEN INCLUDED WITH THIS BID RESPONSE: XXXX YES - _ NO BIDDER DOES ( XXX ) DOES NOT ( ) MEET ALL SPECIFICATIONS EXCEPTIONS: FIRM/BIDDER: Ricochet Fuel Dist . Inc . BY: (See Attached Signature ) President Signature Title ADDRESS: 815 Trailwood Dr . , ir1.00 Hurst , Texas 76053 PHONE: (817) 268-5910 Metro (Kit Empson - Contact ) MEMORANDUM DATE : January 9 , 1992 91 fill) TO : City Council FROM: Carolyn Jones , Acting City Manage RE: Proposed Charter Amendments The members of the Home Rule Charter Review Committee will be present and will give Council a presentation on the recommended amendments . If possible , the Home Rule Charter Review Committee would like these amendments to be placed on the May Ballot . In accordance with the law, each amendment will be voted on separately , if placed on the ballot . ARTICLE I FORM OF GOVERNMENT AND BOUNDARIES No Changes Proposed ARTICLE II POWERS OF THE CITY No Changes Proposed ARTICLE III THE CITY COUNCIL Section 8: Prohibitions C. Interference with Administration Current : Except for the purpose of inquiries and investigations as provided by this charter , the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager , and neither the city council nor its members shall give orders to any such officer or employee , either publicly or privately , except as otherwise provided in this charter . Proposed : The city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager , solely through the city manager , except for the purpose of investigations as provided in Section 15 of this Article , and neither the City Council nor its members shall give orders to any such officer or employee , either publicly or except as otherwise provided in this charter . Section 15 : Investigations by the City Council Current : The city council shall have the power to inquire into the official conduct of any department , agency , office , officer , or employee of the city , and for that purpose shall have the power to administer oaths , subpoena witnesses , and compel the production of books , papers , and other evidence material to the investigation . The city council shall provide , by ordinance , penalties for failing or refusing to obey any such subpoena or to produce any such books , papers , or other evidence , and shall have the power to punish any such contempt in the manner provided by such ordinance . Proposed : The city council shall have the power to investigate the official conduct of any department , agency , office , officer , or employee of the city , and for that purpose shall have the power to administer oaths , subpoena witnesses , and compel the production of books , papers , and other evidence material to the inquiry . The city council shall provide , by ordinance , penalties for failing or refusing to obey any such subpoena or to produce any such books , papers , or other evidence , and shall have the power to punish any such contempt in the manner provided by such ordinance . ARTICLE IV CITY ADMINISTRATION Section 1 : City Manager D. Acting City Manager Current : The city manager shall , within thirty ( 30) days of taking office , and at appropriate subsequent times , designate by letter , filed with the city secretary , an alternate to perform the duties of the city manager in the case of his absence or disability . The city council shall ratify the city manager' s designated alternate . During the absence or disability of the city manager , the city council may revoke such designation and appoint another person to serve as acting city manager until the city manager shall return or his disability shall cease . The acting city manager shall be a qualified administrative officer of the city at the time of his designation . No member of the city council shall serve as acting city manager , unless the council shall deem the situation to be an emergency . It shall require at least five ( 5 ) affirmative votes of the city council to declare such an emergency . Proposed : The city manager shall , within thirty ( 30) days of taking office , and at appropriate subsequent times , designate by letter , filed with the city secretary , an alternate to perform the duties of the city manager in the case of his absence or disability . The city council shall ratify the city manager's designated alternate . During the absence or disability of the city manager , the city council may revoke such designation and appoint another person to serve as acting city manager until the city manager shall return or his disability shall cease . The acting city manager shall be a qualified administrative officer of the city at the time of his designation . No member of the city council shall serve as acting city manager . E . Duties Current : The city manager shall be empowered to : ( 1 ) Appoint , and when he deems necessary for the welfare of the city , suspend or remove any or • all city employees and appointive adminis- trative personnel provided for by this charter . He shall promulgate such rules regulations as he may deem appropriate and necessary for the exercise of this authority. Proposed : The city manager shall be empowered to : ( 1 ) Appoint , and when he deems necessary for the welfare of the city , suspend or remove any or all city employees and appointive adminis- trative personnel provided for by this charter ; except the positions of City Engineer , Municipal Court Judge , Acting Judge of the Municipal Court and City Attorney who shall be appointed , suspended , or removed only by the city council as provided elsewhere in. this article . He shall promulgate such rules regulations as he may deem appropriate and necessary for the exercise of this authority . Section 7 : Personnel System Current : A. Neither the city council nor any of its members shall request or direct the appointment of any person to , or his removal from office or employment , by the city manager or any of his subordinates ; provided that the appointment or removal from office of department heads shall be subject to approval of the city council . Except for the purposes of inquiry , the city council and its members shall deal with the city' s administrative service solely through the city manager . And , neither the city council nor its members shall give orders to any subordinates of the city manager , either publicly or privately , except as may be provided in this charter . Proposed : A. The city manager' s power to appoint , suspend or remove employees as established in Section 1 of this Article , shall not be interfered with and neither the cit y council nor any of its members shall request or direct the appointment of any person to , or his removal from office or employment except as provided in this charter . Except for the purposes of investigation , the city council and its members shall deal with the city's administrative service solely through the city manager . And , neither the city council nor its members shall give orders to any subordinates of the city manager , either publicly or privately , except as may be provided in this charter . ARTICLE V NOMINATIONS AND ELECTIONS Section 1 : City Elections A. Election Schedule Current : The regular city election will be held annually on the first Saturday in April . The city council shall be responsible for specifications of places for holding such elections . Proposed : The regular city election will be held annually in accordance with the Texas Election Code . The City Council shall be responsible for specifications of places for holding such elections . Section 2 : Filing for Office : Eligibility to File Current : Each candidate for an elective office shall meet the following qualifications : Shall be a qualified voter of the city. Shall have resided for at least twelve ( 12 ) months preceding the election within the corporate limits of the city , including territory annexed prior to the filing deadline . Shall not , after notice of any delinquency , be in arrears in the payment of any taxes or other liabilities due the city . "In arrears" is defined herein to mean that payment has not been received within ninety ( 90) days from due date . An incumbent city councilman seeking re—election must file for the same place position number currently being served . No candidate may file in a single election for more than one ( 1 ) office or place position as provided by this charter . No employee of the city shall continue in such position after filing for an elective office provided for in this charter . Proposed : A. Candidate Qualifications Each candidate for an elective office shall meet the following qualifications : Shall be a qualified voter of the city . Shall have resided for at least twelve ( 12) months preceding the election within the corporate limits of the city , including territory annexed prior to the filing deadline . Shall not , after notice of any delinquency , be in arrears in the payment of any taxes or other liabilities due the city . "In arrears" is defined herein to mean that payment has not been received within ninety ( 90) days from due date . An incumbent city councilman seeking re-election must file for the same place position number currently being served . No candidate may file in a single election for more than one ( 1 ) office or place position as provided by this charter . No employee of the city shall continue in such position after filing for an elective office provided for in this charter . Shall not concurrently hold an elective office with the city other than the one being filed for . B. Petition Required Every person desiring to file for elective office with the city shall first present to the City Secretary a sufficient petition signed by a minimum of the greater of the following : a) 25 persons ; or b) a number of persons equal to one-half of one percent of the total vote received by all candidates for Mayor in the most recent mayoral general election , who are qualified voters in the City . ARTICLE VI INITIATIVE, REFERENDUM AND RECALL No Changes Proposed ARTICLE VII MUNICIPAL FINANCE Section 8 : Borrowing B. General Obligation Bonds Current : The city shall have the power to borrow money on the credit of the city and to issue general obligation bonds for permanent public improvements or for any other public purpose not prohibited by law and this charter , and to issue refunding bonds to refund out- standing bonds previously issued . All such bonds or certificates of obligation shall be issued in conformity with the laws of the State of Texas and shall be used only for purposes for which they were issued . Any bonds to be issued under the provisions of this section shall not be issued without an election . Therefore , the city council shall prescribe the procedure for calling and holding such elections , shall define the voting precincts and shall provide for the return and canvass of the ballots cast at such elections . If , at such election , a majority of the vote shall be in favor of creating such a debt or refunding outstanding valid bonds of the city , it shall be lawful for the city council to issue bonds as pro- posed in the ordinance submitting same but if a majority of the vote polled shall be against the creation of such debt or refunding such bonds , the City council shall be without authority to issue the bonds . In all cases when the city council shall order an election for the issuance of bonds of the city , it shall , at the same time , submit the question whether or not a tax shall be levied upon the property of the city for the purpose of paying the interest on the bonds and to create a sinking fund for their redemption . Proposed : The city shall have the power to borrow money on the credit of the city and to issue general obligation bonds for permanent public improvements or for any other purpose not prohibited by law and this charter , and to issue refunding bonds to refund outstanding bonds previously issued . All such bonds shall be issued in conformity with the laws of the State of Texas and shall be used only for purposes for which they were issued . New: D. Certificates of Obligation The city shall have the power to issue certificates of obligation in conformity with Chapter 271 of the Texas Local Government Code as the same now exists or is hereafter amended . Provided , however , that the published notice of intention to issue certificates , as provided for in said Chapter 271 shall , in addition to language required by Section 271 . 49 , also contain the following statement : THE PROPOSED CERTIFICATES OF OBLIGATION WILL BE ISSUED WITHOUT FURTHER NOTICE AND WITHOUT APPROVAL OF THE VOTERS OF THE CITY UNLESS A SUFFICIENT PETITION , SIGNED BY AT LEAST 5% OF THE QUALIFIED VOTERS OF THE CITY, PROTESTING THE ISSUANCE OF THE CERTIFICATES OF THE CERTIFICATES OF OBLIGATION IS FILED WITH THE CITY SECRETARY , WITHIN 30 DAYS FROM THE FIRST PUBLICATION OF THIS NOTICE, PRIOR TO CONSIDERATION OF THIS MATTER BY THE WYLIE CITY COUNCIL AT THE ABOVE TIME AND DATE . IN THE EVENT OF THE TIMELY FILING OF A SUFFICIENT PETITION THE CITY COUNCIL MAY NOT AUTHORIZE ISSUANCE OF THE CERTIFICATES OF OBLIGATIONS UNLESS THE ISSUANCE IS FIRST APPROVED AT AN ELECTION . NEW: E . Election Required Any general obligation bond , revenue bond , and in the event sufficient petition is received , certificates of obligation , shall not be issued without an election . The city council shall prescribe , in accordance with article 701 of Vernon' s Annotated Civil Statutes and other applicable State Law, the city procedure for calling and holding such elections . Therefore , the city shall prescribe the procedure for calling and holding such elections , shall define the voting precincts and shall provide for the return and canvass of the ballots cast at such elections . If , at such election , a majority of the vote shall be in favor of creating such a debt or refunding outstanding valid bonds of the city , it shall be lawful for the city council to issue bonds as proposed in the ordinance submitting same but if a majority of the vote polled shall be against the creation of such debt or refunding such bonds , the city council shall be without authority to issue the bonds . In all cases when the city council shall order an election for the issuance of bonds of the city , it shall , at the same time , submit the question whether or not a tax shall be levied upon the property in the city for the purpose of paying the interest on the bonds and to create a sinking fund for their redemption . ARTICLE VIII BOARDS AND COMMISSIONS Section 1 : Authority Current : The city council shall 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 . The city council shall , by ordinance , prescribe the purpose , composition , function , duties , accountability and tenure of each board , commission and committee , where such are not prescribed by law or this charter . Individuals may be appointed to serve on more than one ( 1 ) board , commission or committee . The city council may be ordinance , consolidate the functions of the various boards , commissions or committees enumerated in this article . PROPOSED: A. General The city council shall 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 . The city council shall , by ordinance , prescribe the purpose , composition , function , duties , accountability and tenure of each board , commission and committee , where such are not prescribed by law or this charter . The city council may , by ordinance , consolidate the functions of the various boards , commissions or committees enumerated in this article . B. Limitation on Service No person shall be appointed to or serve on more than two boards , commissions , or committees at any given time . Any person serving on the planning and zoning commission shall be precluded from simultaneously serving on any other board , commission , or committee of the city . ARTICLE IX PLANNING No Changes Proposed 1 ARTICLE X PUBLIC UTILITIES , FRANCHISES AND LICENSES No Changes Proposed ARTICLE XI GENERAL AND TRANSITIONAL PROVISIONS Section 14 : Persons Indebted to the City Shall Not Hold Office or Employment . Current : No person shall be qualified to hold a municipal office or serve the city in any other capacity for which compensation is paid who is , or may become while in service , in arrears in the payment of taxes or other liabilities due the city , provided he has received notice of the same . Proposed : No person shall be qualified to hold a municipal office who is , or becomes while in service , in arrears in the payment of taxes or other liabilities due the city , provided they have received notice of the same ( in arrears in this section shall have the same meaning as defined in Article V, Section 2 of this Charter) . ARTICLE XII ADOPTION OF CHARTER No Changes Proposed MEMORANDUM DATE : December 18 , 1991 TO: Carolyn Jones , Acting City Ma . r��'�' FROM: Steve Deiter , City Attorney RE : Amendment of Ordinance Pertaining to Consumption of Alcohol in Public Parks and Public Places I have prepared an ordinance which amends the existing ordinances concerning the consumption of alcoholic beverages within the City Park and other public places . The ordinance came about as a result of enforcement problems under the old ordinance whereby consumption was prohibited but possession was allowed . The problem was brought before the Council and the Council gave direction to amend the existing ordinances to prohibit possession as well as consumption of alcoholic beverages in the City Park and other public places . The ordinance which I have proposed accomplishes this purpose and thereby amending the affected sections of the Wylie City Code . I would suggest the ordinance be placed on the agenda for the next Council meeting for consideration and passage . Should you have any questions on the ordinance or its effect please advise . cc : City Council ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS , PROHIBITING THE USE, CONSUMPTION, POSSESSION , SALE AND GIVING AWAY ALCOHOLIC BEVERAGES WITHIN THE CITY PARKS AND OTHER PUBLIC PLACES IN THE CITY OF WYLIE, TEXAS ; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND FURTHER PROVIDING FOR AN EFFECTIVE DATE . WHEREAS , Ordinance No . 71-8 , as codified in Section 2 . 1 of Chapter 7 of the Wylie City Code and Ordinance No . 85-49 , as codified in Section 6 .05 of Chapter 1 of the Wylie City Code , both prohibit the consumption of alcoholic beverages in public places and City Parks respectively ; and , WHEREAS , both said ordinances prohibit the possession of alcoholic beverages in Parks and other public places in the City of Wylie ; and WHEREAS , allowing possession of alcoholic beverages creates a problem in enforcing the prohibition on consumption thereby frustrating the purpose and intent of said ordinances to prevent such consumption ; and WHEREAS , the City Council has determined that prohibiting possession of alcoholic beverages as well as consumption is necessary to properly enforce and effectuate the intent of the City Council in regard to consumption of alcoholic beverages within the City Park and other public places ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS , as follows : SECTION 1 . That Chapter 1 , Section 6 . 05 of the Code of Ordinances , City of Wylie , Texas , is hereby amended to read as follows : "Section 6 . 05 Possession , Consumption and Use of Alcoholic Beverages in Class Containers a) It shall be unlawful for any person to sell , give away, possess or consume any beer or alcoholic beverage within in any City park in the City of Wylie . b) It shall be unlawful for any person to possess or use any glass container of any kind or nature within in any City Park." SECTION 2 . That Chapter 7 , Section 2 . 01 of the Code of Ordinances , City SECTION 3 . That all other ordinances and code provisions in conflict herewith hereby are repealed to the extent of any conflict or any inconsistency. SECTION 4 . Should any paragraph , sentence , subdivision , clause , phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invalid , the same shall not affect the validity of this ordinance as a whole or any part or provision thereof , other than the part or parts so declared to be invalid , illegal or unconstitutional . SECTION 5 . This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and the City Charter provide in such cases . DULY PASSED AND APPROVED by the City Council of the City of Wylie , Texas this day of January , 1992 . City of Wylie , Texas APPROVED: BY John W. Akin , Mayor ATTEST: Carolyn Jones , City Secretary APPROVED AS TO FORM: Steven P. Deiter , City Attorney MEMORANDUM TO: Mayor John Akin and City Council FROM: Paul D. Beaver, Director of Planning & Engineering ibjs DATE: January 7, 1992 SUBJECT: Springcreek Parkway Water Line Extension (Armory Project) I have recently become aware that the area north of the AT & SF Railroad tracks which includes the proposed new Armory building is within the existing defined service area of the Northeast Wylie Water Supply Corporation. On February 3, 1990 the Wylie City Council , by Resolution, stated that the City of Wylie will fund up to $10, 000 towards the cost of water and sanitary sewer main extensions in order to serve the new National Guard Armory facility. I have received a verbal protest by Mr. John Fitzpatrick, Operations Manager for the Northeast Wylie Water S. C. over the possibility of the City of Wylie serving this facility. It is my understanding that Northeast Wylie W. S. C. wants to serve the Armory themselves. By the terms of the Certificate of Convenience and Necessity, the • City cannot actively solicit a customer within another utility' s service area without their permission. Due to the long term obligation of the City of Wylie to serve this general area, I feel that the water line should be extended north of the AT & SF Railroad track while the railroad crossing is being made whether a water line tie- in is made this year. The City would then be in a position to tie-in the Armory and additional customers in the event the City purchases Northeast Wylie facilities in the future. Therefore, there are three options available to the City in order to resolve the Northeast Wylie W. S. C. protest concerning immediate City water service to the Armory facility: 1. The City to offer to buy out the Northeast Wylie W. S.C. interest in the Armory project at a projected rate of "revenues less expenses" over a ten year period ; or 2. Trade a portion of the City of Wylie service area for the Armory service area ; or 3. Proceed to tie-in the Armory into our distribution system and allow legal action to resolve itself . Since the bid letting date for the water line extension is tentatively set for late February, 1992, and the Armory completion date will be in late summer, 1992, a decision needs to be made regarding which entity, Wylie o'r Northeast Wylie Water Supply Corporation, serves this facility. t t ULUI iUfa NU. / U+ A ./ /v ✓ RESOLUTION FOR THE CITY OF WYLIE, TEXAS SUPPORTING THE LOCATION OF THE NATIONAL GUARD ARMORY IN WYLIE BY AGREEING TO FUND THE CONSTRUCTION OF THE SPRINGCREEK PARKWAY RAILROAD GRADE CROSSING AND THE EXTENSION OF UTILITIES : WHEREAS, The City Council agrees that the location of the National Guard Armory within the City will be a great asset for the citizens of Wylie ; and. WHEREAS, The City Council wishes to secure the donation of ten ( 10) acres of land from Centennial Homes, inc. for the new site of the National Guard Armory ; and, WHEREAS, The City Council agrees that the railroad grade crossings , one of which belongs to the Atchison, Topeka & Santa Fe Railway line and the other belonging to the St. Louis, Southwestern Railway Company, is necessary to provide access to the proposed site of the National Guard Armory; and. WHEREAS, The City Council agrees that Mthe water and sanitary sewer mains must be extended across the Atchison, Topeka & Santa Fe Railway right-of-way in order to service the proposed National Guard Armory Facility ; NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE. TEXAS : SECTION 1 : RAILROAD GRADE CROSSING A grade crossing agreement will be secured from the St. Louis , Southwestern Railway Company for the Springcreek Parkway extension. The City will fund up to $140, 000 of the cost of the said railroad grade crossing at the time the agreement is secured. SECTION 2: UTILITY LINES EXTENSION The water and sanitary sewer mains will be extended across the Atchison. Topeka & Santa Fe Railway Company right-of-way in order to serve the proposed National Guard Armory facility. The City will fund up to $10, 000 of the cost of the said utility lines extension. SECTION 3 : COUT I :•�..,�,USE The St. Zeuthwestern Railway Company grade crossing for Springcreek Parkway Extension will be funded by Lhe Ci 1y ui Wylie, and the City or Wylie will also fund up to $10, 000 for cost of utility line extension contingent upon the National Guazd MEMORANDUM DATE: January 9 , 1992 TO : City Council FROM: Acting City Manager 0/ RE: Bridge on Thomas Stree , Extension of Pirate Dr . The above referenced item has been discussed several times but today it is critical for Council to make some decisions . After all the rains , this bridge has become weak as the cavity underneath has gotten larger . Council needs to decide on closing the bridge or repairing . If the repairs are done , there will be no entrance to the Library or Park Office or into the Park unless the extension of Pirate Dr . is completed . Council could close Thomas Street entrance and open up Pirate Dr . and do repairs next year on the bridge . Staff feels there is a great liability for the City to continue using Thomas St . entrance . I believe the funds can come from - Rock - Asphalt , sand and emulsion funds from the Street Department , if necessary. CITY OF WYLIE PUBLIC WORKS DIVISION DATE: JANUARY 8, 1992 . ~~� w~~' TO: CAROLYN JONES, ACTING CITY MANAGER �� FROM: BILL FLOWERS, DIRECTOR OF PUBLIC WORKS »�^ SUBJECT: PIRATE DRIVE AND BRIDGE REPAIR ON THOMAS BY LIBRARY During the regular City Council meeting dated October 8, 1991 , the final open session, the Order of Business, Number 24, the Review of the Extension of Pirate Drive was discussed and I believe was placed on hold until the early part of this year. Paul Beaver, Bill Nelson, Jackie Jones and I have closely monitored the steady deterioration around the bridge on Thomas Street. We are very concerned about the situation. Number 1 . for the potential danger of collapse and possible ' injury to someone and liability to the City. Number 2, we should not wait until the last minute before the spring season, Sports activities begin at the Community Park. Mr. Beaver and ] will compile an estimated cost and a proposal on renovation of the existing bridge structure. For your information, I have attached a memorandum dated ' March 19, 1990 to City Manager, Bill Dashner, 2 road estimates from Hilltop to Thomas and other associated work also supporting rough drawings. I believe the road was approved at a previous Council meeting but the decision was made to place it on hold until sufficient money was received to construct the road. It there a possible date that you feel we may start either of these projects. Please let me know if we can be of any assistance. xc: Paul Beaver, City Engineer Jack Jones, Superintendent of Public Works Bill Nelson, Director of Parks/Recreation ' ` ` . ~ .' CITY OF WYLlE PUBLlC WORKS DIVISION - DATE: MARCH 19, 1991 TO: BILL DASHNER~ CITY MANAGER FROM: JACK JONES, PUBLIC WORKS SUPERINTENDENT ' SUBJECT: COMMUNITY PARK PROPOS EQIMATE THOMAS TO HILLTOP -- �' � /� � � /�~~' ���t' Beal Coat - 24' x 725 ' - 1 , 933.33 sq. yds. $ 4,B33. 33 Sub Base Material - 60 loads 59400. 00 2 Stop Signs R1-1 40. 00 I Adv. Warning Stop Signs W3-1A 40. 00 0 - 20 m.p. h. Speed Signs 40. 00 Ripple Speed Bumps Unknown New cost 12. 50 ea. -78 guard rail posts - wood - used - 3. 00 pieces � ^ 228.00 1100' - 7/16" or 1/2" cable . 11 ft. - est. 176" 00 14 - Cable Clamps 100. 00 120 ' - 12" Culvert Pipe 680. 00 Relocate one fire hydrant - new - Hilltop 900. 00 Relocate one fire hydrant - Library 300. 00 Red Reflectors for Guard Rail Posts 37. 80 ' 5 Gal , White Paint 100. 00 $12,e55. 13 This is not liming the sub-grade. This is only stripping the grass off 28 ' wide, shaping up and putting sub base material on top of road grade and seal coating. ]Cc: Bill Flowers, Public Works �]�Z��t��_ ~+ Bill Nelson, Parks Department Director Tommy McDaDeI , Public Works Coordinator ' CITY OF WYLIE PUBLIC WORKS DIVISION MEMORANDUM DATE: MARCH 19, 1991 TO: BILL DASIINER, CITY MANAGER FROM: JACK JONES, PUBLIC WORKS SUPERINTENDENT SUBJECT: COMMUNITY PARK PROPO5 ROAD TIMATE THOMAS TO HILLTOP --/', jR E //11/. Asphalt overlay - 2 1/2" - 265 . 83 ton $ 6 ,379 . 99 Contractor overlay - 265 . 83 ton - 10 . 00 ton 2 ,658 . 30 Lime sub grade - 28 . 28 ton - 76 . 00 2 ,148 . 90 2 Stop signs 40 . 00 2 Adv. Stop signs 40. 00 2 20 m.p.h. 40. 00 76 Guard rail posts 228 .00 1600' cable 176. 00 14 Cable clamps 100. 00 120' - 12" Culvert pipe 660. 00 Relocate fire hydrant 900. 00 Relocate fire hydrant 300. 00 Red reflectors 37 . 80 5 Gal . - White 100. 00 $ 1 Sub Base Material 5,400. 00 $ 19, 208 . 99 xc: Bill Flowers , Public Works Director Bill Nelson, Parks Department Director Tommy McDanel , Public Works Coordinator Pa- aroA . F F 14.. .4'...1„,? _ _ _ --------j--- J v 31i e j - \ 4e3vd biv! wed 1 1 • aroma yw•N '�• m.Pw of �t3v b n� add C1r2"� oaj a l+d^' �d� rr� - S �r 12-3 p_2so6 °"L \ . a.1..N7/16 - z sill; (0 J Jr -v3vbr 6 n , t claY--- c,. 1 Vow fir'' -- - - aroma 4° . tt a . fra p_ sod 0116 -4'.4.-----............\-), ��v7pu K . • 3 t Y1'4 1 \ . 1. r t \ a �t+v,Ci _ c rill/ <0 e -wryly bn, dd 1 , . MEMORANDUM DATE : January 9 , 1992 TO : City Council01) FROM: Carolyn Jones , Acting City Manager RE: Regional Wastewater Treatment Commit ee Councilman Simmons and myself have been attending these meetings . The four cities are moving forward getting all the preliminary work done . It is time for your representatives to ask Council for support on continuing on with this project . Council needs to approve the Escrow Deposit Agreement for Wylie . The City' s share is $22 , 420 . Staff will need to send North Texas Municipal Water District a check for this , however North Texas Municipal Water District will be reimbursing the City approximately $25 , 000 from the upgrading of the filter system at our current plant . Item III 12-12-91 ESCROW DEPOSIT AGREEMENT BETWEEN THE NORTH TEXAS MUNICIPAL WATER DISTRICT AND THE RWMS ADVISORY COMMITTEE WHEREAS, the Cities of Rowlett , Wylie, Murphy and Sachse have created by resolution an advisory committee referred to as "RWMS" ; WHEREAS, the RWMS Agreement provides that each city shall deposit funds based on the approval of the City Councils of each city for the express use of developing a program to maintain a safe environment and to protect the water quality in Muddy Creek and Lake Ray Hubbard; WHEREAS, the RWMS Advisory Committee has agreed to a program for the current fiscal year to complete a feasibility study for a regional plant on Muddy Creek including site investigation with soil testing and surveying, land option, and supervision through the NTMWD. THEREFORE, it is proposed that the RWMS Advisory Committee and the North Texas Municipal Water District (NTMWD) agree to fund an escrow account controlled by the NTMWD under the following condi- tions: 1 . All expenditures must be approved by the RWMS Advisory Committee; 2. The escrow funds would be deposited in an interest bearing account by the NTMWD with all interest credited to said escrow account; 3. The funds for deposit would be forwarded by the cities to the NTMWD based on a proration in accordance with the resolutions establishing the RWMS which states, "Each Member City shall be responsible for its proportional share of the approved cost based on the 1990 census of population" which would be as follows: City Population Percent Dollars Rowlett 23,260 59.84 $59,840 Wylie 8,716 22 .42 22 ,420 Murphy 1 ,547 3.98 3 ,980 Sachse 5 .346 13.76 13 ,760 Total 38,869 100.00 $100,000 RWMS ADVISORY COMMITTEE RESOLUTION - PAGE TWO 4. Should any city choose by resolution of its City Council to remove itself from the RWMS Agreement or for any reason the RWMS Committee disolves, any funds not previously obli- gated by the RWMS Advisory Committee would be prorated back to the city based on its percentage of original contri- bution; 5. The RWMS Advisory Committee establishes the escrow account with the NTMWD in the amount of $100,000 with an understand- ing that an agreement for an engineering feasibility study with Freese and Nichols is under consideration but not yet approved in the amount of $48,000 and an NTMWD Engineer- ing Function time and charges budget for supervision in an amount of $5 ,000 with the balance being reserved for additional future programs to be considered by the RWMS Advisory Committee for land survey , soil testing, and land option cost. This agreement formally approved by the RWMS Advisory Committee on this the day of , 199 RWMS NTMWD President - RWMS Executive Director - NTMWD ATTEST: ATTEST: Secretary - RWMS - NTMWD CITY OF WYLIE INTERIM COMBINED STATEMENT OF CASH RECEIPTS AND DISBURSEMENTS For the Month Ending November 30, 1991 Balance November November Balance Fund 10-30-91 Receipts Disbursements 11-30-91 General Fund $151,421 $350,300 $231,416 $270,305 Payroll 13,098 150,338 148,854 16,582 Special Revenue Funds: Police Drug/Crime 10,891 43 0 10,934 Lbrary Contrbutlon 73 0 0 73 Impact/Lift 14,442 1,156 3,410 12,188 Debt Service Funds: G.O. Bonds 165,085 20 0 165,105 Utility I&8 Fund 10,321 27,622 0 37,943 Capital Projects Funds: Streets Construction 12,889 49 1,271 11,667 Parks Improvement 1,121 365 727 759 Street Improvement 329,588 157 0 329,745 Landfill Closure 850,149 52,639 55,420 847,368 Service Center/Animal Shelter 311,600 0 0 311,600 Enterprise Funds: Utility Fund 386,410 112,381 98,179 402,612 Utility Constr&Engineering 824 0 0 824 Sanitation Fund 20,900 25,843 26,482 20,341 Agency Funds: State Court 6,052 1,303 0 7,355 Municipal Appearance 12,800 5,812 5,208 13,404 Partial Payment Municipal Court 7,428 4,168 1,540 10,057 TOTAL-ALL FUNDS $2,305,172 $732,195 6588,507 $2,468,860 INVESTMENTS BY MATURITY AND TYPE As of November 30, 1991 Average Maturity Annual Yield Amount CASH AND INVESTMENTS:At 11-30-91 Investments: 0-30 days 5.56% 61,789,878 Demand Deposits $698,904 TOTAL CASH AND INVESTMENTS $2,468,860 NOTE: The amount shown for the Utility Fund includes customer deposits and debt reserves. CITY OF WYLIE GENERAL FUND INTERIM COMBINED STATEMENT OF REVENUES AND EXPENDITURES For the Month of November, 1991 and the Second Month Ended November 30, 1991 Received Year 1991-92 or Spent to Date 1991-92 Annual Year as%of Expected Budget to Date Budget Total BEGINNING BALANCE(1) $180,000 $180,000 100.0% $180,000 REVENUES: Ad Valorem Taxes $2,099,500 $291,535 13.9% $2,099,500 Sales Taxes 469,886 77,538 18.5% 469,886 Franchise Fees 339,400 10,768 3.2% 339,400 Licenses and Permits 68,400 8,016 11.7% 68,400 Intergovernmental Revenues 49,930 12,018 24.1% 49,930 Service Fees 50,000 8,233 16.5% 50,000 Court Fees 114,500 20,692 18.1% 114,500 Interest Income 12,000 1,075 9.0% 12,000 Paving Assessments 800 0 0.0% 800 Miscellaneous 30,100 3,122 10.4% 30,100 Transfers From Other Funds 373,080 160,000 42.9% 373,080 Total Revenues $3,607,596 $592,997 16.4% $3,607,596 TOTAL AVAILABLE RESOURCES $3,787,596 $772,997 20.4% $3,787,596 EXPENDITURES: City Council $64,000 $2,388 3.7% $64,000 City Manager 129,596 6,506 5.0% 129,596 City Secretary 116,688 17,908 15.3% 116,688 City Attorney 76,074 10,689 14.1% 76,074 Finance 294,677 38,413 13.0% 294,677 Municipal Court 43,447 6,602 15.2% 43,447 Building Services 274,225 30,928 11.3% 274,225 Llorary 67,490 8,542 12.7% 67,490 Police 807,797 118,789 14.7% 807,797 Fire 178,157 10,006 5.6% 178,157 Emergency Medical Service 132,252 11,021 8.3% 132,252 Animal Control 42,741 4,355 10.2% 42,741 Engineering 189,885 18,513 9.7% 109,885 Community Development&Planning 136,151 Z1,498 15.8% 136,151 Streets 385,524 43,034 11.2% 385,524 Garage 41,542 5,411 13.0% 41,542 Parks&Recreation 186,292 17,148 9.2% 186,292 Transfer to Debt Service Fund 517,425 0 0.0% 517,425 TOTAL EXPENDITURES $3,683,963 $371,751 10.1% $3,683,963 ENDING FUND BALANCE $103,633 $103,633 (1)The Beginning Balance of$180,000 is an estimate of the ending Fund Balance for Fiscal Year 1991. CITY OF WYLIE GENERAL FUND INTERIM STATEMENT OF ACTUAL REVENUE COMPARED TO BUDGET For the Month of November, 1991 and the Second Month Ended November 30, 1991 Year-to-Date Actual Actual as%of November Year Annual Budget Annual 1991 to Date Unrealized Current Prior Revenue Category Budget Revenue Revenue Revenue Year Year Ad Valorem Taxes: Current Taxes $1,955,500 $233,147 $269,169 $1,686,331 13.8% 0.1% Delinquent Taxes 97,500 9,173 16,714 80,786 17.1% 15.8% Penalty&Interest 46,500 2,957 5,651 40,849 12.2% 20.1% Sales Taxes: General 469,136 46,231 77,337 391,799 16.5% 20.3% Alcoholic Beverage 750 201 201 549 28.8% 62.7% Franchise Fees: Electric Franchise 216,000 0 0 216,000 0.0% 0.0% Telephone Franchise 43,500 0 0 43,500 0.0% 0.0% Gas Franchise 38,500 0 0 38,500 0.0% 0.0% Bank Franchise 0 0 0 0 0.0% 0.0% Cable Franchise 7,500 0 0 7,500 0.0% 0.0% Sanitation Franchise 33,900 3,678 10,768 23,132 31.8% 18.6% Licenses and Permits 68,400 2,484 8,016 60,384 11.7% 22.7% Intergovernmental Revenues: Lake Patrol 18,500 0 0 18,500 0.0% 35.5% Fire Call Reimbursement 7,300 0 2,875 4,425 39.4% 0.0% County 3,730 0 933 2,797 25.0% 25.2% ISD/School Guard 7,400 8,210 8,210 (810) 110.9% 0.0% Other Govt Reim/Warrant Officer 13,000 0 0 13,000 0.0% 17.7% Sondes Fees: Development Fees 1,700 464 553 1,147 32.5% 32.4% Alarm Permits 1,000 20 40 960 4.0% 40.0% 911 Fees 41,000 3,697 7,382 33,618 18.0% 18.4% Animal Control 3,300 123 186 3,114 5.6% 15.5% Recreation Fees(Community Room) 3,000 0 72 2,928 2.4% 0.0% Court Fees 114,500 6,557 20,692 93,806 18.1% 14.5% Interest Income 12,000 668 1,075 1,075 9.0% 12.4% Paving Assessments: Principal 800 0 0 800 0.0% 0.0% Miscellaneous: Rental Income 15,000 1,234 2,468 12,532 16.5% 16.7% Miscellaneous Income 14,600 294 654 13,946 4.5% 13.5% Restitutions 500 0 0 500 0.0% 1116.0% Transfers From Other Funds: Sanitation Fund 68,080 0 0 68,080 0.0% 0.0% Utility Fund 305,000 0 160,000 145,000 52.5% 0.0% TOTAL REVENUES $3,607,596 $319,137 $592,997 $3,004,750 16.4% 9.4% "" No budget comparisons are made for these Items. NOTE:The revenues reported above do not include all of the year end accruals. CITY OF WYLIE GENERAL FUND INTERIM STATEMENT OF ACTUAL EXPENDITURES COMPARED TO BUDGET For the Month of November 1991 and the Second Month Ended November 30, 1991 Year-to-Date Actual as%of Actual Annual Budget Annual November Year-to-Date Current Prior Expenditure Category Budget Expenditures Expenditures Balance Year Year General Government City Council $64,000 $1,263 $2,388 $61,612 3.7% 23.1% City Manager 129,596 1,384 6,506 123,090 5.0% 10.2% City Secretary 116,688 8,710 17,908 98,780 15.3% 13.8% City Attorney 76,074 4,523 10,689 65,385 14.1% WA Finance 294,677 23,502 38,413 256,264 13.0% 16.1% Municipal Court 43,447 3,467 6,602 36,845 15.2% 14.7% Building Services 274,225 15,031 30,928 243,297 11.3% 14.6% Public Safety: Police 807,797 63,771 118,790 689,007 14.7% 14.8% Fire 178,157 5,946 10,006 168,151 5.6% 5.1% Emergency Medical Service 132,252 11,021 11,021 121,231 8.3% 16.7% Animal Control 42,741 2,502 4,355 38,386 10.2% 16.9% Urban Development: Engineering 189,885 10,156 18,513 171,372 9.7% 17.1% Community Development&Planning 136,151 10,876 21,498 114,653 15.8% 17.2% Public Works: Streets 385,524 26,789 43,034 342,490 11.2% 20.7% Garage 41,542 3,047 5,411 36,131 13.0% 12.2% Community Services: Library 67,490 4,397 8,542 58,948 12.7% 13.8% Parks&Recreation 186,292 9,497 17,148 169,144 9.2% 8.3% Transfer to Debt Service Fund 517,425 0 0 517,425 0.0% 0.0% TOTAL EXPENDITURES $3,683,963 $205,884 $371,751 $3,312,212 10.1% 12.3% NOTE:The expenditures reported here do not include all of the year end adjustments. CITY OF WYLIE UTILITY FUND INTERIM STATEMENT OF ACTUAL REVENUES AND EXPENSES COMPARED TO BUDGET For the Month of November 1991 and the Second Month Ended November 30, 1991 Year-to-Date Actual as%of Annual Budget Actual Current Prior Budget November Year-to-Date Balance Year Year REVENUES: Water Sales $1,063,800 $52,625 $146,517 $917,283 13.8% 18.4% Water Tap Fees 12,500 100 1,000 11,500 8.0% 24.7% Reconnect Fees 6,200 230 430 5,770 6.9% 33.5% Sewer Service 873,650 48,193 119,688 753,962 13.7% 15.3% Sewer Pass Thru 109,953 5,606 13,266 96,687 12.1% 18.1% Sewer Tap Fees 4,500 20 200 4,300 4.4% 10.4% Interest Income 15,300 559 1,716 13,584 11.2% 25.3% Penalty&Interest 48,600 2,409 5,334 43,266 11.0% 14.8% Misc.Income 6,000 369 1,049 4,951 17.5% 16.2% TOTAL.REVENUES $2,140,503 S110,112 $289,199 $1,851,304 13.5% 17.1% EXPENSES: Utility Admin $312,463 $8,282 $180,838 $131,625 57.9% 3.5% Water 508,965 38,501 54,833 454,132 10.8% 15.6% Wastewater 382,189 27,403 68,147 314,042 17.8% 16.7% • Utility Billing 170,222 11,838 24,372 145,850 14.3% 15.2% Building Services 41,125 235 545 40,580 1.3% 6.4% Transfer to Debt Service 620,539 8,921 49,754 570,785 8.0% 18.2% TOTAL EXPENDITURES $2,035,503 $95,180 $378,489 51,657,014 18.6% 14.4% NOTE:The revenues and expenses reported above do not Include all of the year end adjustments. CITY OF WYLIE SANITATION FUND INTERIM STATEMENT OF ACTUAL REVENUES AND EXPENSES COMPARED TO BUDGET For the Month of November 1991 and the Second Month Ended November 30, 1991 Year-to-Date Actual as%of Annual Budget Actual Current Prior Budget November Year-to-Date Balance Year Year REVENUES: Sanitation Collection Fees $391,000 $23,963 $55,491 $335,509 14.2% 14.0% Interest on Investments 1,000 120 257 743 25.7% 14.9% TOTAL REVENUES $392,000 $24,083 $55,747 $336,253 14.2% 14.0% EXPENSES: Sanitation Operating $392,000 $26,482 $52,838 $339,162 13.5% 1.9% TOTAL EXPENSES $392,000 $26,482 $52,838 $339,162 13.5% 1.9% CITY OF WYLIE IMPACT/LIFT FUND INTERIM STATEMENT OF ACTUAL REVENUES AND EXPENSES COMPARED TO BUDGET For the Month of November 1991 and the Second Month Ended November 30, 1991 Year-to-Date Actual as%of Annual Budget Actual Current Prior Budget November Year-to-Date Balance Year Year REVENUES: W a S Impact Fees $103,500 $1,100 $9,900 $93,600 9.6% 36.4% Interest Income 1,500 56 113 1,387 7.5% 11.7% TOTAL REVENUES $105,000 $1,156 $10,013 $94,987 9.5% 35.6% EXPENSES: ImacULIft $70,000 $3,410 $6,820 $63,180 9.7% 15.2% TOTAL EXPENSES $70,000 $3,410 $6,820 $63,180 9.7% 15.2% MEMORANDUM r DATE : December 10 , 1991 TO : Carolyn Jones , Acting City Manager FROM: Bill Nelson , Park and Recreation Director 4 RE : Community Park Monies Received Field Fees - September through November , 1991 W. S .A. - Youth Soccer - Fall Season $ 592 . 00 Youth Football - Fall Season 148 . 00 Adult Softball - Fall Season 400 .00 Drill Team - Fall Season 236 . 00 Wylie Girls - Youth Softball - Fall Season 200 . 00 $ 1 , 576 . 00 Tournament Fees - September through November , 1991 Jan Swantick - Adult $ 200 . 00 Chris Davalos - Adult 400 . 00 $ 600 .00 Light Fees - September through November , 1991 W. S .A. - All Ages $ 237 . 00 Wylie Girls - Youth Softball 141 . 00 $ 378 .00 Concession Stand - September through November , 1991 City' s Share ( 21% of Gross Sale less Sales Tax $ 1 , 260 .89 ( $ 1 , 260 . 89 divided by 44 days open equal $28 . 65 a day) Total All Fees and Concessions $ 3 , 814 . 89 (September through November , 1991 ) For March through July, 1991 10 , 342 , 81 For All Time Periods Stated Above $ 14 , 157 . 70 __________ MEMORANDUM DATE! July 30,1991 TOt Bill Dashner, City Manager FROM! Bill Nelson, Park and Recreation Director B)J RE! Community Park Monies Received Field Fees - March through July, 1991 W.S.A. - Youth Soccer - Spring Season $ 588.00 Youth Softball - Spring/Summer Season 1,306.00 . Adult Softball - Spring/Summer Season 664.00 — Country Place League - Adult Softball Spring/Summer Season 28 .00 Sanden League - Adult Softball Spring/Summer Season 50 .00 $ 2,636 .00 • Tournament Fees - April . through July, 1991 W.S.A. - All Ages $ 190.00 Chamber of Commerce - Adult 50 .00 Rudy Rowell - Adult 100..00 $ 340.00 Light Fees - April through July, 1991 W.S.A. - All Ages $ 1,827.00 Concession Stand - April through July, 1991 City' s Share (21% of Gross Sales less Sales Tax) $ 5,539 .81 (5,539 . 81 divided by 85 days open = $65.17 a day) _ TOTAL ALL FEES AND CONCESSIONS $10,342.81