02-12-1991 (City Council) Agenda Packet AGENDA
REGULAR MEETING CITY COUNCIL
CITY OF WYLIE, TEXAS
TUESDAY, FEBRUARY 12, 1991
7:00 P. M. COUNCIL CHAMBER
MUNICIPAL COMPLEX
2000 HIGHWAY 78 NORTH
CALL TO ORDER
INVOCATION - DENNIS POLLOCK
PLEDGE OF ALLEGIANCE
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 Presentation of Proclamation Boy Scouts
of American for Scouting for Food
National Good Turn Week
2 2 - 4 Consider approval of Notice of General
Election and Order of Election for May
4, 1991 for Council Place 1, 3, and 5
3 5 Discuss and Consider Adoption of Roberts
Rules of Order for City Council Meetings
4 6 - 18 Discuss and Consider approving Agreement
between City of Wylie and Atchison,
Topeka and Santa Fe Railway Company on
Installation of Railroad Signals for
Brown STreet
5 19 - 20 Discuss and Consider Presentation by Ron
Harris, Collin County Judge on New
Collin County Fail Facility
6 21 - 22 Discuss and Consider Formal Response
from the United States Environmental
Protection Agency on City Council
Resolution No. 91-1-22-91
7 23 - 25 Discuss and consider Phase II Technical
Report on City Landfill to Texas
Department of Health
8 26 - 29 Discuss and Consider Payment to Jones &
Neuse, Inc. for Landfill - Phase II
Testing and Monitoring
9 30 - 37 Discuss and Consider Adoption of an
Ordinance Authorizing a Comprehensive
Program of Procedures and Policies
Developed by the Parks and Recreation
Director for the Administration of
Recreational Programs at Community
Facilities
10 38 Discuss and Consider Authorizing
Solicitation for Competitive Bids for
Concession Rights to Community Park
Facilities
11 39 - 47 Discuss and Consider Funding Package for
Water, Sewer and Streets to Facilitate
Construction of Armory between Texas
National Guard, Centennial Hanes, Collin
County and the City of Wylie
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
12 48 - 67 Discuss and Consider Adoption of an
Ordinance of the City of Wylie, Texas
Granting a Franchise to Communication
Services, Inc. for the Construction of
and Operation of a Cable Television
System
13 68 Discuss and Consider Authorizing
Preparation of Specifications for the
Proposed Purchase of or Lease Purchase
of One New Pumper Truck for the Fire
Department
14 69 - 71 Discuss and Consider Formal Request Fran
Mayor of Dallas for the City of Dallas
through The Dallas Housing Authority to
Develop Low Rent Public Housing within
the City of Wylie
15 72 - 74 Discuss and Consider Adoption of
ordinance Designating a Historical
Landmark in accordance with Wylie
Historic Landmark Preservation Program
16 75 - 77 Discuss and Consider Proposal from BFI -
Initial Phase of Recycling Program and
Approve Central Depository Location
17 78 - 89 Discuss and Consider amending interlocal
Agreement with Collin County on Change
Orders to McCreary/Brown Street Project
and all cost incurred beyond contract
bid price
18 90 - 95 Discuss and Consider New Cost figure on
Collin County Construction Figure for
Alanis Road
19 96 - 104 Discuss and Consider Claim From Pate and
Pate on Phase II Sewer Line Construction
Work
20 105 - 109 Discuss and Consider Payment to Pate and
Pate Request No. 4, Muddy Creek
Interceptor
21 110 - 112 Discuss and Consider Payment of Claim #1
to Dalton and Co. for Newport Harbor
Sewer Line Construction Work
22 113 - 123 Discuss and Consider Acquisition of
Construction Easement for the
Construction of Newport Harbor Sewer
Line
23 124 - 132 Discuss and Consider Acquisition of
Construction Easement from Texas
Commerce Bank for Newport Harbor Sewer
Line
24 133 - 136 Discuss and Consider Tenant Agreement
Negotiated for Right-of-Way for the
Newport Harbor Sewer Line Installation
in Presidential Estates - Terri Jones
and Wayne Woodard
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
25 137 - 144 Discuss and Consider Adoption of a
Formal Resolution, after a Formal Final
Offer to Mr. C. T. Beckham was rejected,
in order to proceed with Condemnation
Action for Easement on Newport Harbor
Sewer Line
26 145 Discuss and Consider Newport Harbor
Sewer Line Change Order #1, Relocating
Lift Station to accommodate Phase II -
Newport Harbor Development
27 146 - 154 Discuss and Consider Adoption of a
Resolution Mandating Phase II of Newport
Harbor Development to Pay Pro Rata Share
of Installing Newport Harbor Sewer
Transmission Line upon Initial
Development
28 155 - 158 Discuss and Consider Possible
Condemnation Action Against Westgate
Center Phase I in order to acquire a
Drainage Construction Easement
29 159 - 160 Discuss and Consider Internal Audit of
Lake Ray Hubbard Mobile Home Park and
Consider Unpaid Sewer and Sanitation
Services and Consider lack of Collection
effort and payment for two years
30 161 - 172 Discuss and Consider Internal Audit of
all Lift Station Fees Paid from 1985 to
1990
31 173 - 176 Discuss and Consider Internal Audit on
all Impact Fees from 1984 to 1990
32 177 - 188 Discuss and Consider Critique of City
Audit and Response to the Critique from
City Auditor
33 189 - 197 Discuss and Consider Management Letter
on City Audit Dated December 3, 1990
34 198 Discuss and Consider Soliciting
Competitive Proposals for Outside
Independent Auditing Firm to do FY 91
Comprehensive City Audit
35 Recess Open Meeting
36 199 - 205 Convene Council into Executive Session
under the authority of Article 6252-17
V.A.C.S., Section 2 paragraph "g"
Personnel and paragraph "f" - with
respect to the purchase, exchange, lease
or value of real property --- Easement
a. Discuss Hiring Full Time City
Attorney and Review Qualifying Resumes
from Applicants
b. Discuss action needed on negotiated
settlement meeting between Mr. Gilbert
Welch and Pate and Pate Construction Co.
as it relates to potential lawsuite or
arbitration under the contract
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
37 Reconvene Council into open session
38 Consider any action necessary fran
Executive Session
39 Citizen Participation
In accordance with the Open Meeting Act,
the City Council will hear comments of
Public Interest from residents of the
City of Wylie. Any discussion must be
limited to placing the item on a future
agenda for further consideration.
Wylie Residents wishing to speak before
Council should limit remarks to a
maximum of five (5) minutes.
40 Ad jou rn
NOTICE OF REGULAR MEETING
Notice is hereby given that the governing body of the City
of Wylie will meet at 7:00 P. M. on the fp0 day of
, 199L, in the Council Chambers of the
Municipa Complex at 2000 Hwy. 78 North in the City of
Wylie, Texas, for the purpose of considering the attached
agenda.
Carolyn es, y Secretary
POSTED THIS THE DAY OF 04, 9 . 199j,
AT �QD_M.
.rOffice of the mayor ''r
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WHEREAS, Hunger remains a pervasive intrusion on the Quality of Life for
millions of Americans;
WHEREAS, an estimated one of every five children is unable to maintain a
minimally adequate diet, and request for emergency food
nationally have increased almost 40 percent in a two year period;
WHEREAS, Hunger is a problem we can do something about by working
together;
WHEREAS, THE BOY SCOUTS OF AMERICA has an eviable reputation in conducting
Quality Good Turns demonstrating concern for fellow mankind and
the important role volunteers, both youth and adult , have in our
community;
WHEREAS, the BOY SCOUTS OF AMERICA will coordinate with other groups to
conduct a SCOUTING FOR FOOD NATIONAL GOOD TURN WEEK', February 2nd
thru 9th, 1991 in this community and throughout the country in a
positive example of its long-standing commitment to service and
of direct benefit to the less fortunate among us.
NOW, THEREFORE, I , JOHN W. AKIN, Mayor of the City of Wylie in the State
of Texas, do hereby proclaim the period of February 2 thru 9,
1991 as SCOUTING FOR FOOD GOOD TURN WEEK in the City of Wylie. I
urge our fellow residents to join with me in expressing the
graditude of an appreciative community and I ask that each of us
contribute as best as we are able to this worth while endevor.
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fin witness w4tttof LI Lave {wttunto set my
'-`i. .'j,,,' ., Land at caused gels scat to to affixed.
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~ .'� ;,v HN W. IN, YOR
'/.a0`;'w4 ATTEST: J �r
o�aroly : . ty Secretary
Iw*.., DATE: January 22, i991
hihil,
+,sly
1,
NOTICE OF GENERAL ELECTION
(AVISO DE ELECCION GENERAL)
To the Registered Voters of the City of Wylie, Texas:
(A los votantes registrados del Ciudad de Wylie, Texas: )
Notice is hereby given that the polling places listed below
will be open from 7 :00 A. M. to 7 :00 P. M. on May 4 , 1991
for voting in a general election for Three Council Members,
Place 1, Place 3 , and Place 5 .
(Notifiquese, por las presente, que las casillas electorales
situadas abajo se abriran desde las 7 :00 A.M. hasta las 7:00
P. M. el 4th de mayo, 1991 para votar en la Eleccion
General para elegir Tres (3) Concejales, Lugar 1, Lugar 3,
and Lugar 5.
LOCATION OF POLLING PLACES: First United Methodist Church
Fellowship Hall
Clubhouse - Southfork Mobile Home
Park
(DIRECCION DE LAS CASILLAS ELECTORALES) : La Primera Iglesia
Metodista Unida
Fellowship Hall
La saladel club -
SouthFork -
Parque de Casa
Moviles
Absentee voting by personal appearance will be conducted
each weekday at 2000 Highway 78 North, City Hall in the City
Secretary' s Office between the hours of 8 :00 A. M. and 5:00
P. M. beginning on April 15, 1991 and ending on April 30,
1991 .
(La votacion en ausencia en persona se llevara cada dia de
lunes a viernes en 2000 Highway 78 , en la oficina dela
Secretaria de la Ciudad, de las 8 :00 de la manana a las 5:00
de la tarde empezando el 15th, Abril , 1991 terminando el
30th de Abril , 1991 .
Applications for ballot by mail shall be mailed to:
(Las aplicaciones para boletas para votar en ausencia por
correo se enviana: )
Carolyn Jones, City Secretary
Absentee Voting Clerk
P 0 Box 428
Wylie, Texas 75098
Applications for ballots by mail must be received no later
than the close of business on April 29, 1991 .
(Las aplicaciones para boletas par votar en ausencia por
correo ham de estar recibodas antes del fin de las horas de
negocio el 29th de abril , 1991 . )
Issued this the 12th day of February, 1991 .
(Emitada este dia 12th de febrero, 1991 .
John W. Akin, Mayor
John W. Akin, Alcalde
Qz
ORDER OF ELECTION FOR MUNICIPALITIES
An election is hereby order to be held on May 4, 1991 for
the purpose of:
ELECTING OF THREE (3) COUNCIL MEMBERS; PLACE 1, PLACE 3 , AND
PLACE 5
Absentee voting by personal appearance will be conducted
each weekday at 2000 Highway 78 North, Wylie, Texas, between
the hours of 8:00 A. M. and 5 :00 P. M. beginning on
April 15, 1991 and ending on April 30, 1991 .
Applications for ballot by mail shall be mailed to:
Carolyn Jones, City Secretary
Absentee Voting Clerk
P 0 Box 428
Wylie, Texas 75098
Applications for ballots by mail must be received no later
. than the close of business on April 29, 1991 .
Issued this the 12th day of February 1991 .
John W. Akin, Mayor
3
ORDEN DE ELECCION PARA MUNICIPIOS
Por la presente se ordena que se llevara a cabo una eleccion
el 4th de Mayo, 1991 con el proposito de:
POR TRES (3) CONCEJALES, LAGAR 1, LUGAR 3 , LUGAR 5
La votacion en ausencia en persona se llevara a cabo de
lunes a viernes en 2000 Highway 78 Norte, de las 8:00 de
la manana a las 5:00 de la trade empezando el 15th de,
abril, 1991 y terminando el 30th de abril , 1991 .
Las apicaciones para boletas para votar en ausencia por
correo se envian a:
Carolyn Jones, Secretaria de la Ciudad
Votacion En Ausencia
P 0 Box 428
Wylie, Texas 75098
Las aplicaciones para boletas para votar en ausencia por
correo ban de estar recibidas antes del fin de las horas de
negocio el 29th de april , 1991 .
Emitida este dia 12th de febrero, 1991.
John W. Akin, Alcalde
MEMORANDUM
TO: City Council
FROM: Bill Dashner , City Manager
RE: Discuss and Consider Adoption of Roberts Rules of
Order for City Council Meetings .
In compliance with Section 12 of the City Charter , "the City
Council shall , by Ordinance, determine it' s rules and order
of business" .
S
MEMORANDUM
DATE: February 6, 1991
TO: City Council
FROM: Bill Dashner , City Managhogie---
RE: Discuss and Consider A roving Agreement
Between City of Wylie a d Atchison , Topeka
and Santa Fe Railway Company on
Installation of Railroad Signals for Brown
Street
Attached is the formal agreement that will give
the Railroad Company permission to install the
signals . The Railroad has already been paid by
Collin County for the installation .
E�
05019129
CONTRACT SECRETARY'S NUMBER
o0o
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
and
CITY OF WYLIE, TEXAS
o0o
AGREEMENT: Covering land at Wylie, Collin County,
Texas, for right of way purposes for a
public road designated as Brown
Street, DOT 022102E, at Railway Mile
Post 76 + 1056 feet Paris Subdivision,
Southern Region.
DATED: /Cd.?4,44:2 ?" /99/
7
AGREEMENT Made as the /5/day of
Fs2u•94Y , 19 9i between THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY, a Delaware corporation (hereinafter
called "Santa Fe") , as First Party, and the
CITY OF WYLIE, TEXAS, a municipal
corporation of Collin County, Texas, acting
herein by and through its City Manager,
hereunto duly authorized (hereinafter called
"City") , as Second Party,
WITNESSETH:
RECITAL a:
City desires to use a certain portion of Santa Fe' s property at
Wylie, Collin County, Texas, upon which to widen, reconstruct, maintain
and use a public road, designated as Brown Street, DOT No. 022102E,
which is agreeable to Santa Fe upon the terms and conditions hereinafter
stated.
AGREEMENT
ARTICLE I
1 . Santa Fe, for and in consideration of the sum of One and
No/100 Dollars ($1 .00) , the receipt whereof is hereby acknowledged, and
of the full and faithful performance by City of its covenants
hereinafter set forth, hereby licenses City to use a portion of Santa
Fe' s property situated at Wylie, Collin County, Texas, for the purpose
of constructing, maintaining and using a public road, license to use
which is hereby given, being shown shaded on print A.M. drawing 1-00215,
dated November 6, 1990, hereto attached, marked Exhibit "A", and made a
part hereof.
2. Santa Fe agrees that it will , at City' s expense, make
adjustment to railroad signal and communication overhead lines at the
crossing location, if necessary.
3. Santa Fe agrees that it will , at City' s expense, install
active warning devices at the public road grade crossing of Santa Fe's
track.
r
4. Santa Fe agrees that it will , at City's expense, install
crossing surface on its Track, provided that in the event of
discontinuance of use by Santa Fe, all obligations assumed by it
hereunder shall cease and be at an end.
5. Santa Fe agrees that it will , at its own expense, maintain
the crossing surface within the limits of the ties, and the grade
crossing vehicle traffic control devices; however, Santa Fe shall be
entitled to receive any contribution toward the cost of such maintenance
as may be now or hereafter made available by reason of any law,
ordinance, regulation, order, grant or by other means or sources.
ARTICLE II
In consideration of the aforesaid license, City covenants and
agrees to and with Santa Fe as follows:
1 . That it will use the licensed premises exclusively as a
site for a public road.
2. That it will not let or sublet the whole or any part of
the licensed premises for any purpose whatsoever or assign this license
without the written consent of Santa Fe in each instance.
3. That in case of eviction of City by anyone owning or
claiming title to the whole or any part of the licensed premises, Santa
Fe shall not be liable to City for any damage of any nature whatsoever.
4. That if the licensed premises, or any part thereof, cease
to be used at any time for the purpose licensed, City will deliver up to
Santa Fe the possession of the whole, or such part so ceased to be used.
5. That it will , at no expense to Santa Fe, and subject at
the supervision and control of Santa Fe's Engineering Department,
locate, construct and maintain the public road in such a manner and of
such material that it will not at any time be a source of danger to or
- 2 -
interference with the present or future tracks, roadbed and property of
Santa Fe, or the safe operation of its railroad. City shall construct
the public road, and any drainage facilities required because thereof,
in such a manner as not to permit damage to Santa Fe's property or
adjoining property. In the event of a breach of this covenant at any
time. City will , within ten (10) days after receipt of a written notice
from Santa Fe thereof, do whatever may be necessary to fulfill its
obligations under this section and, failing so to do within said time,
Santa Fe may do so at City's expense, bill for which City will promptly
pay.
6. That it will do no work on Santa Fe's property without
first contacting Santa Fe' s Regional Manager at Euless, Texas, and
securing his approval to proceed with the work.
7. That no legal right of Santa Fe to maintain, use and
relocate the railroad track or tracks or other railroad facilities now
located upon the licensed premises, or to construct and thereafter
maintain, use and relocate any additional track or tracks or other
railroad facilities as it may desire upon or across said licensed
premises shall be in anywise affected by the giving of this license.
8. That if, at any time during the term hereof, Santa Fe
shall desire to make any use of the licensed property with which the
public road and drainage facilities will in any way interfere, including
the relocation of existing or the construction of new tracks, pole
lines, wires, conduits, etc. , in which it shall have an interest, City
shall at no expense to Santa Fe, make such changes in the public road
and drainage facilities as in the judgment of the Santa Fe may be
necessary to avoid interference with the proposed use of its property.
- 3 -
/a
9. That it will bear and pay the entire cost of construction
and maintaining the public road, including any drainage facilities
required because thereof, upon the licensed premises except that portion
to be maintained by Santa Fe as covered under Section 5 of Article I.
That it will also bear and pay the cost of the work as covered under
Sections 2, 3, and 4 of Article I.
10. That if it shall become necessary in the future
reconstruction and/or maintenance of said public road and drainage
facilities to make any changes or alterations in Santa Fe's right of way
fences, signal , power and/or communication pole and wire lines, and/or
other facilities located upon the licensed premises, such changes or
alterations, if agreeable to Santa Fe, will be made by Santa Fe at
City's expense, bill for the cost of which City will promptly pay.
11 . To make any and all arrangements that may be necessary to
secure the location or relocation of wire lines, pipe lines and other
facilities owned by private persons, companies, corporations, political
subdivisions or public utilities other than Santa Fe which it may be
found necessary to locate or relocate in any manner whatsoever due to
the construction of said public road.
12. To appoint and keep competent inspectors, engineers or
other authorized parties on the work to be done by City during the
progress of such work, and to give Santa Fe reasonable advance notice of
the performance by City, or any contractor employed by City to construct
said public road, of any work upon, along, over or across the right of
way and tracks of Santa Fe which might render unsafe the operation of
trains on the tracks of Santa Fe.
— 4 —
13. That the contract or contracts to be let by City for the
construction of the work to be undertaken by it hereunder shall provide:
A. Standard Manufacturer's and Contractor' s
Liability Insurance. The Contractor shall furnish
evidence to Santa Fe that, with respect to the
operations he performs, he carries regular
Contractor's Liability Insurance providing for a
limit of not less that One Million Dollars
($1 ,000,000.00) for all damages arising out of
bodily injuries to/or death of one or more persons
in any one occurrence, and Property Damage
Liability Insurance providing for a limit of not
less than Five Hundred Thousand Dollars
($500,000.00) for all damages arising out of
injury to/or destruction of property in any one
occurrence and subject to that limit per
occurrence, a total (or aggregate) limit of One
Million Dollars ($1 ,000,000.00) for all damages
arising out of injury to/or destruction of
property during the policy period.
If any part of the work is sublet, similar
insurance shall be provided by or in behalf of the
subcontractors to cover their operations.
B. Contractor's Protective Liability Insurance.
The Contractor shall furnish evidence to Santa Fe
that, with respect to the operations performed for
him by subcontractors, he carries, in his own
behalf, regular Contractor's Protective Liability
Insurance providing for a limit of not less than
One Million Dollars ($1 ,000,000.00) for all
damages arising out of bodily injuries to/or death
of one or more persons in any one occurrence, and
Protective Property Damage Liability Insurance
providing for a limit of not less than Five
Hundred Thousand Dollars ($500,000.00) for all
damages arising out of injury to/or destruction of
property in any one occurrence and subject to that
limit per occurrence, a total (or aggregate) limit
of One Million Dollars ($1 ,000,000.00) for all
damages arising out of injury to/or destruction of
property during the policy period.
— 5 —
C. Railroad's Protective Liability and Property
Damage and Physical Damage to Property Insurance.
In addition to the above, the Contractor shall
furnish an original policy to Santa Fe, with
respect to the operations he or any of his
subcontractors perform, provides the Standard
Railroad Protective Liability Policy, providing
for Bodily Injury, Death and Property Damage
limited to a combined amount of Two Million
Dollars ($2,000,000) per occurrence, and subject
to a total (or aggregate) limit of Six Million
Dollars ($6,000,000) .
D. General . The insurance, as specified in
Paragraphs A and B above, shall be carried until
all work required to be performed under the terms
of the contract is satisfactorily completed as
evidence by the formal acceptance by Santa Fe.
The insurance, as specified in Paragraph C above,
shall be carried until all work to be performed on
the Company's right-of-way has been completed.
14. That if it is determined necessary by Santa Fe during
the construction or maintenance of said public road to provide flagmen
and inspectors to insure the safety of railroad operations, the cost of
providing such flagmen and inspectors will be borne by City.
15. That it will release and vacate the licensed premises
occupied by the public road, remove the public road from the licensed
premises and otherwise fully restore the premises to the condition in
which they existed prior to the beginning of the work herein covered,
immediately after the need for such public road ceased to exist.
- 6 -
16. City shall and will , and does hereby agree, insofar as
permitted by law, to assume and discharge, and indemnify and save
harmless, the Santa Fe and the successors and assigns thereof, from and
against any and all liability, loss, damage, cost, expense, claims,
judgments, or attorneys' fees for or on account of personal injuries to
or death of persons or damage to or loss or destruction of property,
directly or indirectly caused by, due to, arising out of, or in
connection with, the maintenance operation, use, removal or existence of
that portion of the public road herein described, except in any instances
of such events which arise out of the sole negligence of Santa Fe.
17. City agrees traffic control systems at the crossing or
crossing illumination will be installed at no cost to the Santa Fe.
18. City will furnish, install , and thereafter maintain
pavement markings, advance warning signs, and traffic control signs in
accordance with applicable portions of the Texas Department of Highways
and Public Transportation Manual on Uniform Traffic Control Devices and
will provide traffic control during construction or maintenance
operations to accommodate work by Santa Fe.
19. City will maintain the top of the pavement of Brown
St. to conform with the top of the rail elevation of Santa Fe's track for
a distance of ten (10) feet on either side of the centerline of Santa
Fe's track.
- 7 -
20. City will maintain a uniform pavement transition for
the Brown Street between ten (10) feet from centerline of Santa Fe' s
track to the intersection with State Highway 78 in such a manner as to
preclude vehicles from damaging Santa Fe's track or the grade crossing
surface.
21 . That this license is made subject to all valid,
existing and future contracts, agreements, licenses and easements which
may affect said licensed property, covering roads, public and private;
pole lines and appurtenances; water lines, or other facilities.
22. That all of the covenants hereof shall inure to the
benefit of the successors and assigns of Santa Fe, to the same extent as
to Santa Fe.
23. City does not warrant nor represent hereunder that it
will levy any special tax nor assessments to pay any claims or judgments
referred to in Paragraph 16 of this Article II hereinabove, which may
arise as a direct result of the maintenance operation, use, removal of
the public road herein described.
ARTICLE III
1 . Santa Fe, upon receipt of an advance deposit in an
amount equal to the estimated cost set forth in Exhibit "B" will schedule
and perform the work as set forth herein.
2. City agrees to promptly pay Santa Fe upon completion
of all work by Santa Fe and the receipt of an itemized statement from
Santa Fe for the total cost to Santa Fe for the work performed by Santa
Fe in accordance with Exhibit "B" less prior payment. If the total cost
is less that prior payment, Santa Fe will refund the excess to City.
- 8 -
•
IN TESTIMONY WHEREOF, the parties have executed this agreement,
in duplicate, of the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
By: if'
Its: Mana er of Contracts
CITY OF WYLI TEXAS
BY:
ATTEST:
.)
Assistant Secr ry for Railway Company
ATTEST:
Secretary for City
651A
- 9 -
6
• C.E. FILE NO.
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
C/T Y OF W VL/E
TOPEKA, KANSAS w
SCALE: 1 IN. TO /OO FT. • cc
SOU7NER/V REGJOND.
PRRi.s SUBDIV.
DATE: November � /990
•
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COLL/N COUn/T Y, 7-Ex/VS Am. DRAWING NO. 1 - OO2/s
DIV. DWG. NO. DIV. FILE NO. Q.M. FILE NO. 05 '/9/29
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
FORCE ACCOUNT ESTIMATE FOR
CITY OF WYLIE
A
RENEWAL OF A ROAD CROSSING SURFACE AND INSTALLATION OF CANTILEVER FLASHERS
FOR BROWN STREET, D.O.T. NO. 022 102E AT MILE POST 76.20 LOCATED AT WYLIE,
TEXAS ON THE PARIS SUBDIVISION, TEXAS DIVISION.
1 TRACK: EXISTING LENGTH - 40 FT/FDT; PROPOSED LENGTH -J FT RUBBER.
MMMMMMMMNMNMMMMNNMMNM SUSPENSE AUTHORITY 4228-89 MN NNNMMNMMMMNMNNMNMMMMMMM
QUANTITY UNIT SUBTOTALS TOTAL COST
LABOR
- ENGINEERING 41
ENGINEERING/SIGNAL 2,100
ENGINEERING/TRACK 454
PLACE CANTILEVERS 8,488
PLACE CROSSING MATERIAL 1,449
REMOVE CROSSING MATERIAL 966
REMOVE MATERIAL 365
RENEW TRACK PANEL 483
SURFACE TRACK 676
UNLOAD BALLAST 290
UNLOAD MATERIAL 622
WELDS 440
PAYROLL ASSOCIATED COSTS 9,546
SUBSISTENCE ALLOWANCE 5,978
INSURANCE 1,637
TOTAL LABOR 33,535
MATERIAL
ADAPTER, NO. 035062-X BELL, SIZE 12-IN. 2.000 EA 88
ARM ASSEMBLY, P/N 38-0026-85, 20-FT. TO 26-FT. 2.000 EA 858
BALLAST, DAVIS 72.000 CY 691
BATTERY, 6CELLS/276AH 1.000 EA 1,008
BOUTET WELD 4.000 EA 200
BUSHING, 3 IN INSULATED 2.000 EA 18
CABLE 600.000 LF 739
CANTILEVER FLASHER, 22FT 2.000 EA. 9,318
CASE W/20A. CONTROLLER 1.000 EA 6,552
CONCRETE 28.000 CY 1,200
CONDUIT, 3 IN STEEL 100.000 LF 348
CROSS TIES, NO 1 - 9 FT 72.000 EA 1,372
FILTER FABRIC 167.000 SY 454
FOUNDATION, PLAN M-363, SHT. 1, 2.000 EA 437
FUEL AND SUPPLIES 0.000 LS 150
OTM 115 LB - 39 FT TRACK PANEL 3.000 PNL 593
PIPE, 6 IN CM PERF 260.000 LF 763
RAIL, 115 LB SH JOINTED 234.000 LF 1,682
RUBBER CROSSING FOR 115 LB TANGENT RAIL /o4.96.000 TF 19,061
HANDLING 3,283
TRANSPORTATION 911
TOTAL MATERIAL 49,726
OTHER
CONTRACT ENGINEERING 150
EQUIPMENT - OUTSIDE 1,700
STABILIZATION BY CONTRACT 1,830
WORK TRAIN 1,500
EQUIPMENT RENTAL 4,257
TOTAL OTHER 9,437
BILLING AND ACCOUNTING 927
CONTINGENCIES 9,363
LESS SALVAGE 498
TOTAL ESTIMATED COST t, „:. $102,490.
L=XK1a IT L3
MEMORANDUM
DATE: January 24 , 1991
TO: City Council
FROM: Bill Dashner , City Manage I 44010
RE: Discuss and Consider Pre entation by Ron
Harris , Collin County Judge on New Collin
County Jail Facility.
Attachment: Letter from County Judge
COLLIN
(1411
COUNTY
Pr
Office of the County Judge
January 21, 1991
Mayor John Akin
City of Wylie
2000 Highway 78 North
P.O. Box 428
Wylie, TX 75098
Dear Mayor Akin:
Thank you for the tickets to the Wylie Chamber of
Commerce Banquet. Unfortunately, Lynn and I were unable to
attend, due to previous commitments .
I would like to take this opportunity to request that
you place an item on your work session to allow Sheriff Box,
Glenn Renfro, Facilities Manager, and myself to give
information to the City Council, regarding the new Collin
County Jail facility. The presentation is about one hour in
length. Please let me know a couple of dates, so that I can
coordinate everyone's schedule.
We look forward to visiting with you and the, City
x Council, and again, thank you for the invitation to the
Chamber Banquet.
You ruly
l
Ron Har s
County Judge
RH/mc
McKinney, Texas 75069 • (214)548-4635 • 231-7170(Metro)
4•
0
MEMORANDUM
DATE: January 30 , 1991
TO: City Council
FROM: Bill Dashner , City Manage 6414411.1.-
RE: Discuss and Consider Formal Response
From the United States Environmental
Protection Agency on City Council
Resolution No . 91-1-22-91
See Attached Letter
A
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
,4 REGION 6
1445 ROSS AVENUE,SUITE 1200
DALLAS,TEXAS 75202-2733
I
January 28, 1991
, ` if
M r. Bill Dashner, City Manager City of Wylie
P. O. Box 428
Wylie, TX 75098
Dear Mr. Dashner:
Receipt of the City of Wylie ' s formal Resolution No. 91-1-22-91 ,
dated January 22 , 1991 , is hereby acknowledged. Data from two ( 2)
investigations in the area of the Chemical Recycling, Inc. facility
currently are being reviewed and evaluated by our staff . Upon
completion of these reviews we will be in a better position to
respond to Section I through Section III of your resolution in a
preliminary way. Final response to these sections likely will be
resolved after meetings with all concerned parties .
Thank you for your cooperation in this matter and we look forward
to working with you in resolving these concerns.
Sincerely,
E. Wallace oop P r
On-Scene Coordinator
cc : Mr. Paul Beaver
Director of Planning and Engineering
City of Wylie
Wylie, TX 75098
087a
MEMORANDUM
DATE: January 25 , 1991
TO: City Council
FROM: Bill Dashner , City Manage
RE: Discuss and Consider Phase II Technical
Report on City Landfill to Texas Deparment
Of Health
Attached is a copy of the technical report sent to
the Texas Department of Health dated January 16 ,
1991.
Attachment
a
JN ZONES AND NEUSE, INC.
Engineering and Environmental Consultants
January 16, 1991
Mr. Dick Smith
Texas Department of Health
1100 West 49th Street
Austin, Texas 78756
Re: City of Wylie
Phase II Hydrogeologic Investigation of the Landfill
JN03028901.2
Dear Mr. Smith:
On January 10, 1991 we discussed phase II of the hydrogeologic
investigation of the Wylie landfill . I indicated rainfall in the
area had saturated soil at the landfill and it was not be possible
to initiate drilling activities on January 7th as planned. Based
on previous experience it will take approximately one to two weeks
for soil at the landfill to dry sufficiently as to allow access.
Heavy rains occurred in and around the City of Wylie this week.
Therefore, Jones and Neuse, Inc. (JN) requests a three week
extention to the January 31, 1991 deadline for monitoring well
installation. With this extention and no further rain delays, JN
should be able to complete the well installations.
In addition to the rain delays, we also discussed the locations of
new piezometers at the landfill. Previous attempts to locate the
piezometers are as follows:
1 . JN originally scheduled drilling on December 17, 1990,
therefore arrangements were made for Dr. Mohrmann of TDH
to meet JN at the site on Tuesday of that week to select
the piezometer locations.
2 . Because the subcontract driller could not mobilize on
Monday, December 17, 1990, and because the field
activities would require at least 5 days of work (thus
pushing the job into the weekend) , and because it was the
week before Christmas, drilling was postponed until after
the holidays.
3 . Dr. Mohrmann was notified that field work would not
proceed, however, he would not reschedule marking the
locations for the piezometers. Therefore, JN sent a
representative to Wylie only for the purpose of staking
the piezometer locations .
4. On January 3, 1991, Dr. Mohrmann contacted JN and
11111 East Freeway,Suite 273 Houston,Texas 77029 713450-1882
t
Mr. Dick Smith
Texas Department of Health
January 16, 1991
Page 2
indicated the piezometer locations he chose on December
18, 1990 were incorrect. Dr. Mohrmann requested JN send
a map showing the staked positions for the piezometers,
and he would indicate the changed positions. JN faxed
the map on January 3, 1991, and again on January 4th
after Dr. Mohrmann indicated it had not been received.
5. As of the date of this letter, JN has not received the
corrected locations for the piezometers. This
information will be necessary the weak prior to
initiating drilling at the site.
JIB appreciates the guidance you have provided on this project. We
hope the phase IT investigation can be completed without further
weather delays.
If you have any questions please don't hesitate to contact me at
(713) 450-1882 .
Sincerely,
JOKE , AND MUSE, INC.
bao/A107141.-h...
J. David Buchanan
Branch Manager
JDB/jdb
WYLIE4 .LTR. 14
Attachments
cc: Paul Beaver, City of Wylie
Doug Bailey, JN
Travis Hausmann, JN
ajram.
MEMORANDUM
DATE: January 30 , 1991
TO: City Council
FROM: Bill Dashner , City Manage Alifer
RE: Discuss and Consider Pay ent To Jones &
Neuse, Inc . for Landfill - Phase II
Testing and Monitoring
Attached is a pay request in the amount of
$12,243.04 on the Task 2 - Phase II H landfill
contract dated November 13 , 1990 . This represents
23% completion of the $53,400 amendment to the
original contract . Payment is recommended out of
the Landfill Closure Fund.
Drilling additional monitoring wells and plugging
existing wells should begin in seven days as long
as good weather continues .
Attachment: Detailed Claim
IN )ONES AND NEUSE, INC.
11811 IH-10 East, Suite 275 January 15, 1991 Invoice No. 03-028901-0
J
Houston, Texas 77029 713-450-1882 Phase
CE@ EE O V IE P.O. No. 0135
Paul Beaver Q
City Engineer JAN 2 1991
City of Wylie
P.O. Box 428
Wylie, TX 75098
PM1
Period of Service: December 1, 1990 through December 31, 1990
Labor
No Labor Costs Incurred This Billing Period
Expenses
Task 2 - Phase II H
Labor
Tracy Hermann .750 hr @ $ 20.00/hr = 15.00
Angela F. Walton 1.000 hr @ $ 30.00/hr = 30. 00
Tina E. Stratton 2.000 hr @ $ 30.00/hr = 60.00
Cheryl Hardy .500 hr @ $ 30. 00/hr = 15.00
Laura J. McBryde 1.250 hr @ $ 30. 00/hr = 37.50
Henry W. Curin7ton 2.500 hr @ $ 40.00/hr = 100. 00
Brad R. McKenzie 8.000 hr @ $ 50. 00/hr = 400. 00
Robert Sherrill 2.500 hr @ $ 80. 00/hr = 200. 00
Douglas C. Bailey 11.000 hr @ $ 80. 00/hr = 880.00
R. Clarance Hamilton 5.500 hr @ $ 60. 00/hr = 330. 00
John D. Buchanan 27.500 hr @ $ 85. 00/hr = 2337.50
4405.
•
- Expenses
Overnight Courier 64.97
Postage 1.21
Photocopies 32 . 40
Analytical Subcontract 7199.00
Long Distance Calls 47.82
Telefaxing 29.00
Airfare/Car Rental 434.92
Meals 9.60
Personal Car Mileage 14.88
Vehicle Gasoline 4.24
Labor 7838.
No Labor Costs Incurred This Billing Period
Expenses
Amount Due This Invoice $ 12243.
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 1%MONTHLY SERVICE CHARGE(12%per annum)WILL BE ADDED TO SUBSEQUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT.
Q?•
)ONES AND NEUSE, INC. January 15, 1991 Invoice No. 328902-0(
J N 11811 IH-10 East, Suite 275
Houston, Texas 77029 713-450-1882 Wylie Service Cent(
Mr. James Johnson
Finance Director
City of Wylie
2000 Hwy 78N
Wylie, TX 75098
PM1S
Period of Service: October 1, 1990 through December 31, 1990
Task 1 -
Labor
Geologist IV 3 .000 hr @ $ 80.00/hr = 240.00
240.(
Expenses
Reproduction 17.60
Telecommunications 18.75
Labor 36.:
No Labor Costs Incurred This Billing Period
Expenses
Amount Due This Invoice $ 276. :
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 1%MONTHLY SERVICE CHARGE(12%per annum)WILL BE ADDED TO SUBSEQUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT.
- \
JONES AND NEUSE, INC.
JN
� Environmental and Engineering Services
STATEMENT OF INVOICES AS OF 01-18-1991
City of Wylie
P.O. Box 428
Wylie, TX 75098
Attn: Paul Beaver
Invoice # Inv Date Billed Received Net Due
03-028901-020 10-15-1990 403.43 403 .430 .00
03-028901-021 11-15-1990 768.15 .00 768.15P
03-028901-022 12-15-1990 5611. 13 . 00 5611. 13
03-028902-007 10-15-1990 385. 16 385.16p .00
TOTAL 7167.87 788.59 6379.28
2720 Bee Cave Road Austin,Texas 78746 512-327-9840
MEMORANDUM
DATE: February 5, 1991
TO: City Council
14•Aset.,
FROM: Bill Dashner , City Manager ,
Re: Discuss and Consider Adoption of an
Ordinance Authorizing a Comprehensive
Program Of Procedures and Policies
Developed By the Parks and Recreation
Director for the Administration of
Recreational Programs at Community
Facilities .
Attached is the comprehensive program developed by
the Parks and Recreation Director which is an
organized process for the procedures and policies
applicable to City Recreational Facilities. The
Parks and Recreation Director has developed the
guidelines in conjunction with the Park and
Recreation Advisory Board .
•
•
Jo
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, WYLIE, TEXAS;
ESTABLISHING RULES AND REGULATIONS AND FEES FOR THE
OPERATIONS OF THE CITY 'S COMMUNITY PARK FACILITIES AND
RECREATIONAL AREAS.
BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, WYLIE,
TEXAS THAT THE PARKS AND RECREATION DIRECTOR AND THE PARKS
AND RECREATION ADVISORY BOARD HAS ESTABLISHED SPECIFIC
RULES, REGULATIONS AND FEES FOR THE OPERATION OF THE CITY' S
RECREATION FACILITIES .
WHEREAS, these rules and regulations have been established
to redound to the benefit of all citizens of
Wylie, and
WHEREAS, certain specified user fees have been set for the
support of programs and activities , and
WHEREAS, certain fees and charges will be used to improve
and enhance the facilities , and
WHEREAS, the Parks and Recreation Director is authorized
to administer and oversee these policies as
established by the City Council .
DULY PASSED by the City Council of the City of Wylie,
Texas, on the day of , 1991
John Akin, Mayor
ATTEST:
Carolyn Jones, City Secretary
'3/
CITY OF WYLIE
ATHLETIC FIELDS POLICY - COMMUNITY PARKS
This policy is to be administered by the City of Wylie
Parks and Recreation Department in regard to the use of ,
outdoor public recreation areas for athletic activities .
The purpose of this policy is to serve as a guide for the
comprehensive and effective usage of outdoor athletic
areas owned, leased, scheduled or otherwise controlled by
the City of Wylie Parks and Recreation Department .
It is the intent of this policy to provide a basis for
establishing the following objectives :
1) A method of communicating the available inventory
of allocatable athletic facilities to qualified
requestors for usage of such facilities .
2) The implementation of a system of facilities
allocation producing results most beneficial to
the total City and surrounding communities .
SPORTS SEASONS
SEASON SPORT
Spring Soccer - 2nd weekend in February
through last weekend in
April
Spring/Summer Baseball/Softball - April 1 through
last weekend in July
Fall Soccer - 1st weekend in September
through 1st weekend in
November
Baseball/Softball - 1st weekend in
September through 1st
weekend in November
Football - 3rd weekend in September
through 1st weekend in
December
Winter None
ATHLETIC FIELD ALLOCATIONS
Organizations or groups requiring facilities for practice
and or league games will submit their request in writing
to the City of Wylie Parks and Recreation Department a
minimum of 30 days prior to the beginning of the Sports
Season . The request should address the following :
1) Organization Name
2) Starting and ending dates for practice
and league play
3) Participation estimates
4) Estimate of number of teams
5) Estimate of the number of practices and
games to be played on a weekly basis by
each team in the league
Field allocations will be based upon total game units per
week as per available facilities in order to maximize use
of all facilities. The City of Wylie Parks and
Recreation Department will respond to each request with a
written approval, denial or a statement of conditions to
be met upon acceptance of approval . Final registration
estimates and current participant registration figures
must be submitted by each approved organization two (2)
calendar weeks prior to the start of the specific sport
season . If actual registration numbers are more/less
than the estimated registration numbers , the City of
Wylie Parks and Recreation Department may
increase/decrease the organization' s field allocations in
order to insure an equitable allocation of fields to all
organizations .
ATHLETIC FIELD RESERVATIONS
Athletic fields will be reserved as equitably as possible
to accommodate as many organizations as possible.
Citizens of Wylie and surrounding communities and area
will be given priority. Extra consideration will be
given to those who abide by the Field Allocation policy
as stated above.
The use of athletic fields by the general public during
non-reserved/non-City maintenance times are on a first
come, first serve basis . Reserved fields/City
maintenance will take priority over non-scheduled
activities . The City of Wylie Parks and Recreation
Department will be the final authority as to athletic
field use.
•
•
ATHLETIC FIELD RESERVATION TIME SLOTS
Athletic fields will be reserved in one (1) hour
increments with the first field usage beginning at 8 : 00
A.M. and the last ending at 11: 00 P.M. , Monday -
Saturday. The exception will be on Sundays when usage
begins at 8: 00 A.M. and ends at 10: 00 P.M.
ATHLETIC FIELD RESERVATION USAGE FEE
A fee of $2 .00 per person, per season for organizations
will be charged for the use of reserved athletic fields .
This fee shall be paid to the City of Wylie Parks and
Recreation Department by the responsible organization by
the start of the specific sport season. The total amount
of fees due will be based on the current participant
registration figures at that time. Any increase in
participants after initial payment will result in extra
fees being due based on $2 .00 per person , per season
format . A cash receipt shall be issued by the City of
Wylie Parks and Recreation Department containing the
following :
1) Individual ' s Name
2) Organization' s Name
3) Team Sport/Sport Season
4) Number of Teams and Participants
5) Amount Paid
ATHLETIC FIELD RESERVATION - NON-LIGHTED USE
A receipt shall be issued by the City of Wylie Parks and
Recreation Department when a reservation is confirmed .
This receipt shall show the following :
1) Individual ' s Name
2) Organization ' s Name if Applicable
3) Names of the Team That Will Be Utilizing
4) The Day(s) , Time(s) and Location (s) of the
Reservation
A new receipt will be issued in the event the date, time
or location of a reservation is changed.
ATHLETIC FIELD LIGHT USAGE FEE
A fee of $3 .00 per hour will be charged for a reservation
in which lights are utilized . Reservation sessions vary
through the course of a calendar year to coincide with
sunset . The City of Wylie Parks and Recreation
Department shall determine the reservation sessions. The
following schedule approximates the availability of
reservation sessions:
February/March 6: 00 P.M. - 7 : 00 P.M.
7: 00 P.M. - 8: 00 P.M.
8:00 P.M. - 9: 00 P.M.
9: 00 P.M. - 10: 00 P.M.
*10 : 00 P.M. - 11 : 00 P.M.
April/May 7:00 P.M. - 8: 00 P.M.
8: 00 P.M. - 9: 00 P.M.
9: 00 P.M. - 10: 00 P.M.
*10: 00 P.M. - 11 : 00 P.M.
June/July/August 8: 00 P.M. - 9: 00 P.M.
9: 00 P.M. - 10: 00 P.M.
*10: 00 P .M. - 11: 00 P.M.
September/October 1-15 7: 00 P .M. - 8: 00 P .M.
8:00 P.M. - 9:00 P.M.
9: 00 P.M. - 10: 00 P.M.
*10 : 00 P.M. - 11: 00 P.M.
October 16-31/November 6: 00 P.M. - 7: 00 P.M.
7 :00 P.M. - 8: 00 P.M.
8: 00 P.M. - 9: 00 P.M.
9: 00 P.M. - 10 : 00 P.M.
*10: 00 P.M. - 11: 00 P.M.
*Except Sundays when play ceases at 10: 00 P.M.
A cash receipt shall be issued by the City of Wylie Parks
and Recreation Department at the time the light fee is
paid and the reservation is confirmed . This receipt
shall contain the following:
1) Individual ' s Name
2) Organization' s Name if Applicable
3) Names of the Teams That Will Be Utilizing the
Reservation
4) The Day(s) , Time(s) and Location (s) of the
Reservation
5) Amount Paid
A new receipt will be issued in the event the date, time
or location of a reservation is changed .
ATHLETIC FIELD RESERVATION FOR TOURNAMENT USE
Requests for athletic fields for tournament use should be
made in writing . The City of Wylie Parks and Recreation
Department prefers 30 days advance notice. The price per
field reservation fees are as follows :
Friday Night and All of Saturday
$75 .00 (Includes Light Usage
Friday Night and All of Saturday and Sunday
$150 .00 (Includes Light Usage)
A cash receipt shall be issued by the City of Wylie Parks
and Recreation Department at the time the fee is paid and
the reservation is confirmed. This receipt shall contain
the following :
1) Individual' s Name
2) Organization' s Name
3) Names of the Teams That Will be Utilizing the
Reservation
4) The Day(s) , Time (s) and Location (s) of the
Reservation
5) Amount Paid
A new receipt will be issued in the event the date, time
or location of a reservation changes .
A tournament is defined as team competition separate and
distinct from league play involving the payment of an
entry fee or additional fees in which to participate. A
curfew of midnight shall be imposed on all tournaments
utilizing lights , Monday - Saturday. A curfew of 11 : 00
P.M. shall be imposed on Sundays.
MISCELLANEOUS
The City of Wylie Parks and Recreation Department will
provide homeplate, pitching rubber (s) tie-downs for
bases and will drag baseball/softball infields for fee
paid game/tournaments reservations .
Athletic fields for non-reserved general public use or
reserved practices are accepted on an as-is basis .
Athletic field markings will be the responsibility of the
reserving party( ies) .
The City of Wylie Parks and Recreation Department
requests 24 hours or more notice of a reservation .
Requests for athletic fields with less than 24 hours
notice will be accommodated if possible.
•
• 36 .• •
A person may cancel a reservation and be issued a credit
or refund up to 24 hours prior to the reservation. A
credit or refund will be issued with less than 24 hours
notice of cancellation if the City of Wylie Parks and
Recreation Department is able to rent the athletic
field (s) to another party or if field maintenance in
preparation of the reservation has not started .
Any and all athletic field use may be canceled by the
City of Wylie Parks and Recreation Department due to
weather conditions , wet field conditions or for necessary
maintenance. If a reservation is canceled , a credit or
refund will be issued. It will be the responsibility of
the Wylie Parks and Recreation Department to determine
the playing ability of each field. If fields are not
playable due to any or all of the said conditions, this
information will be placed on the City of Wylie' s
Athletic Hotline no later than 4 :00 P.M. , Monday -
Friday.
In the event of said conditions occurring after 4 : 00
P.M. , Monday - Friday or all of Saturday and/or Sunday,
games can be called off only by league directors ,
commissioners or the umpires. In the event that play is
allowed and significant damage is done to athletic
field (s) , the responsible person/party who allowed play
will be held responsible and sanctions may be imposed .
Any and all parties seeking athletic fields for use
accept responsibility for the well-being and cleanliness
of facilities during and after their use.
Any and all funds collected by the City of Wylie Parks
and Recreation Department will be used for the
maintenance and/or upgrading of athletic facilities and
will be allocated to the Community Park Fund.
City of Wylie Parks and Recreation Department
Bill Nelson, Director
MEMORANDUM
DATE: January 29 , 1991
TO: City Council
FROM: Bill Dashner , City Manage 1
RE: Discuss and Consider Authorizing
Solicitation for Competitive Bids For
Concession Rights to Community Park
Facilities .
Authorization is requested to solicit competitive
bids for the operation of concession stands at the
Community Park for all authorized City activities .
Now that the City of Wylie is in full control of
the Community Park I am recommending that the Park
and Recreation Director be allowed to solicit
competitive bids for the operation of the
concession stand at the Community Park. Whoever
submits the best bid to the City will have
exclusive rights for the sale of all concessions
at the Community Park. The bid proposal will be
open-ended so that the bidder will have
flexibility to bid on all sales . The City will
protect its interest in that the City owns the
concession stand equipment and all utilities . The
major factor in the bids will be amount remitted
to the City based on gross sales of all products .
In the event acceptable bids are not received the
Parks and Recreation Department will find the ways
and means to operate the concession stand. I
would like to get Coca Cola and pepsi competing
for sale of their products and promotion of their
products . This might be possible.
3Jr
MEMORANDUM
DATE: February 5, 1991
TO: City Council
FROM: Bill Dashner , City Manage
RE: Discuss and Consider Fu ding Package for
Water , Sewer and Stree s to Facilitate
Construction of Armory Between Texas
National Guard , Centennial Homes , Collin
County and the City of Wylie
After many meetings with the parties listed above
there are three (3) viable options for funding
water, sewer , and streets to the facilities .
Option 1 will cost $289,000
Option 2 will cost $455 ,000
Option 3 will cost $523,000
Due to a formal agreement made by the past City
Council in February of 1990 it is my recommendation
that the City proceed with Option 1. Funding sources
are not available for the City for Option 2 or
Option 3 .
Attachment: 3 Funding Options
Binding Agreement with Centennial Homes
Formal Resolution Adopted by City
Council in February 1990
al
MEMORANDUM
TO: Bill Dashner, City Manager
FROM: Paul D. Beaver, Director of Planning & Engineering 5
DATE: February 6, 1991
RE: Centennial Homes - City of Wylie
Proposed Agreement
Armory Project
The City of Wylie is currently negotiating with Centennial
Homes to close an agreement to upgrade Spring Creek Parkway
for the new Armory Project. As you know, the Armory ground
breaking will be Monday, February 11, 1991.
Because of agreements made last year between the City, the
County, the Armory Board and Centennial Homes, certain costs
were allocated to the participants per Resolution 90-2-13-
90-3.
As I have previously discussed with you, I feel that this is
a showcase project for the City in relation to a new Federal
facility in Wylie, and a quality roadway is important.
However, the costs to construct such a street greatly
exceeds the original "bare bones" agreement.
Three options are available to the City to date:
OPTION 1
a) 2 Lane Extension (existing Spring Creek
Parkway to south side of St. Louis,
Southwestern Railroad) .
b) Water and Sewer utilities extended north of
AT & SF Railroad.
c) AT & SF Railroad crossing provided by County.
Estimated Project Cost $279, 405
City of Wylie Portion $ 10,000
a
f
OPTION 2
a) All items in Option 1 ;
plus
b) Third Lane added paralleling existing Spring
Creek Parkway.
c) Street Lights and Incidentals
Estimated Project Cost $362, 452
City of Wylie Portion $ 93, 047
OPTION 3
a) All items in Option 2;
plus
b) Third Lane added in front of Armory to south
side of SL, SW Railroad.
c) Water & Sewer utilities extended to south
side of SL, SW Railroad.
d) Street Lights and Incidentals.
Estimated Project Cost $426, 803�t
City of Wylie Portion $ 96, 395
*NOTE: $61, 000 of Perimeter Street Assessment will be
applied to Total Project Cost.
Therefore, Wylie' s share can vary from $10, 000 for minimum
service to $96, 395 for a full service, showcase project.
Please note that the above costs are only estimates and the
pro-ration of costs for Engineering fees, contingencies,
etc. have not been agreed upon to date.
In conclusion, based upon the time and financial
constraints, I believe that an equitable proposal is to
proceed with the original 2 lane only proposal previously
agreed upon, but require Centennial Homes to install street
lights and meet minimum Subdivision Ordinance requirements.
The downside of my recommendation is the City will be faced
with approximately $140, 000 of expenses at a later date to
bring a lighted, third lane with Water and Sewer utilities
to the south side of the SL, SW Railroad.
OPTION NO. 1
COSTS
a) Original 2 Lane Spring Creek Parkway Construction Cost
Estimate $129, 405
b) Railroad Crossing (A, T & SF) $150, 000
$279, 405
FUNDING
a) Texas National Guard $ 50, 000
b) Collin County (Railroad Crossing) $150, 000
c) Centennial Homes
Original 2 lane cost $129, 405
Less Tx. Nat' l Guard $ 50, 000
Less Wylie orig. commitment $ 10, 000
$ 69, 405
e) City of Wylie $ 10, 000
$279, 405
OPTION NO. 2
COSTS
a) Original 2 Lane Spring Creek Parkway Construction Cost
Estimate $129, 405
b) City Required Revisions $ 83, 047
1 . 3rd Lane Addition
Hwy. 78 - Sta. 14+00
c) Railroad Crossing (A, T & SF) $150, 000
$362, 452
FUNDING
a) Texas National Guard $ 50, 000
b) Collin County (Railroad Crossing) $150, 000
c) Centennial Homes
Original 2 lane cost $129, 405
Less Tx. Nat' l Guard $ 50, 000
Less Wylie orig. commitment $ 10, 000
$ 69, 405
e) City of Wylie $ 93, 047
$362, 452
OPTION NO. 3
COSTS
a) Original 2 Lane Spring Creek Parkway Construction Cost
Estimate $129, 405
b) City Required Revisions
1 . 3rd Lane Addition
Hwy. 78 - Sta. 14+00 $ 83, 047
2. 3rd Lane Addition
Sta. 14+00 - Sta. 20+44 $ 34, 018
3. Water & Sewer
Additional Extension $ 30, 330
c) Railroad Crossing (A, T & SF) $150, 000
$426, 800
FUNDING
a) Texas National Guard $ 50, 000
b) Collin County (Railroad Crossing) $150, 000
c) Perimeter Street Assessment $ 61 , 000
d) Centennial Homes
Original 2 lane cost $129, 405
Less Tx. Nat' l Guard $ 50, 000
Less Wylie orig. commitment $ 10, 000
$ 69, 405
e) City of Wylie $ 96, 395
$426, 803
•
ff •
CITY OF WYLIE AND CENTENNIAL HOMES, INC.
AGREEMENT
THE PROPOSED CONSTRUCTION OF A 665 FOOT EXTENSION OF
SPRING CREEK PARKWAY FROM EXISTING PAVEMENT
TO ST. LOUIS, SOUTHWEST RAILROAD
This agreement between the City of Wylie and Centennial
Homes, Inc. stipulates the extent of the proposed
improvements and funding sources necessary for construction
and acceptance of the improvements by the City of Wylie.
a) Collin County has agreed to fund up to
$150, 000 for a railroad crossing; i . e. , the
Atchison, Topeka and Santa Fe Railroad
crossing will be constructed.
b) The Texas National Guard has agreed with
Centennial Homes, Inc. to fund up to $50, 000
toward the Centennial Homes, Inc. portion of
the project.
c) The City of Wylie will fund up to $10, 000 of
the cost to extend water and sanitary sewer
mains across the Atchison, Topeka & Santa Fe
Railroad Company right-of-way in order to
serve the proposed National Guard Armory
facility.
d) Centennial Homes, Inc. agrees to fund all
remaining costs related to a two lane
extension of Spring Creek Parkway from the
existing pavement to the south right-of-way
line of the St. Louis, Southwestern Railway
Company including the following items :
a. Street Lights.
b. Three lane width at the AT &
SF Railroad Crossing portion.
c. Meet Subdivision Ordinance
requirements for two- lane
construction.
This agreement by and between the City of Wylie and
Centennial Homes, Inc. is made this day of
, 19
r---
CITY OF WYLIE
Mayor (As Approved by City Council )
Date
CENTENNIAL HOMES, INC.
By
Title
Date
RESOLUTION NO.
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 the 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: CONTINGENCY CLAUSE
The St. Louis, Southwestern Railway Company grade
crossing for Springcreek Parkway Extension will be
funded by the City of Wylie, and the City of Wylie
will also fund up to $10, 000 for cost of utility
line extension contingent upon the National Guard
Armory erecting their facility on the ten ( 10)
acres being donated to the City of Wylie from
Centennial Homes, Inc.
PASSED AND APPROVED BY THE CITY C NCIL 0 THE CITY OF
WYLIE, TEXAS ON THIS THE 13TH DAY FEBRU , 1990.
OFn►u:wa�i
YC° Chuck Trimble, Mayor
ATTEST:
�
=' SEAL
= ;0!",
Caroly on , Ci '�, retar
MEMORANDUM
DATE: February 5, 1991
TO: City Council
FROM: Bill Dashner , City Manage K'�
RE: Discuss and Consider Adoption of an
Ordinance of the City of Wylie, Texas
Granting A Franchise to Communication
Services , Inc. for the Construction of
And Operation of a Cable Television
System
After several meetings the City has been able to
negotiate a new franchise ordinance with TCI
Cablevision of Texas , Inc. The ordinance has been
drafted in compliance with the 1984 Cable
Communication Policy Act as passed by Congress .
Critical sections of the ordinance are as follows :
1) Section 2, Part 2 .2
Term - The initial term is for 25 years from
the effective date as adopted
by this ordinance.
2) Section 3.9 - Extension of Services
3.10 - Subscriber Charges for
Extension of Service
3 .11 - Service to Public Buildings
3) Section 4 .1, Part A
Franchise Fee - Grantee shall pay to the
franchise authority a franchise fee equal
to 5% of gross revenues received by grantee
from the operation of the cable system on an
annual basis (Please note we negotiated this
up from 3%, a 2% increase) .
Section 4.2
Rates and Charges - The franchise authority
may not regulate the rates for the provision
of cable services and other services .
Grantee has the right to modify its rates and
charges but not limited to the implementation
of additional charges and rates provided the
grantee shall give notice to the franchising
authority of any modifications 30 days prior
to effective date.
Section 4 .3 Renewal of Franchise
Section 4.4 Conditions of Sale
Section 4 .5
Transfer of Franchise - Must have prior
consent of franchising authority.
Attachment: Formal Ordinance
Renewal Schedule
ORDINANCE NO.
An Ordinance of the City of Wylie
Granting a Franchise to Communications Services, Inc.
d/b/a TCI Cablevision of Texas Inc.
for the Construction and Operation of a
Cable System
The City of Wylie, having determined that the financial,
legal and technical ability of Communications Services, Inc.
d/b/a TCI Cablevision of Texas, Inc. is reasonably sufficient to
provide services, facilities and equipment necessary to meet the
future cable-related needs of the community, does hereby ordain
as follows:
SECTION I
Definition of Terms
1. 1 Terms. For the purpose of this Ordinance, the follow-
ing terms, phrases, words, and abbreviations shall have the mean-
ings ascribed to them below. When not inconsistent with the con-
text, words used in the present tense include the future tense,
words in the plural number include the singular number, and words
in the singular number include the plural number:
a. "Affiliate" means an entity which owns or controls, is
owned or controlled by, or is under common ownership
with Grantee.
b. "Basic Cable" is the tier of service regularly provided
to all subscribers that includes the retransmission of
local broadcast television signals.
c. "Cable Act" means the Cable Communications Policy Act
of 1984, as amended.
d. "Cable Service" means (i) the one-way transmission to
subscribers of video programming or other programming
service, and (ii) subscriber interaction, if any, which
is required for the selection of such Video Programming
or any other lawful communication service.
e. "Cable System" means a facility, consisting of a set of
closed transmission paths and associated signal genera-
tion, reception, and control equipment or other com-
munications equipment that is designed to provide Cable
Service and other service to subscribers.
f. "FCC" means Federal Communications Commission, or suc-
cessor governmental entity thereto.
g. "Franchise" shall mean the initial authorization or
renewal thereof, issued by the Franchising Authority,
whether such authorization is designated as a
franchise, permit, license, resolution, contract,
certificate, or otherwise, which authorizes construc-
tion and operation of the Cable System for the purpose
of offering Cable Service or other service to
Subscribers.
h. "Franchise Authority" means the City of Wylie, or the
lawful successor, transferee, or assignee thereof.
i. "Grantee" means Communications Services, Inc. d/b/a TCI
Cablevision of Texas, Inc. , or the lawful successor,
transferee, or assignee thereof.
j . "Gross Revenues" mean the monthly Cable Service
revenues received by Grantee from Subscribers of the
Cable System inclusive of franchise fees received from
subscribers; provided, however, that such phrase shall
not include (i) revenues received from any national ad-
vertising carried on the Cable system; (ii) any taxes
on Cable Service which are imposed directly or in-
directly on any Subscriber thereof by any governmental
unit or agency, and which are collected by the Grantee
on behalf of such governmental unit or agency.
k. "Person" means an individual, partnership, association,
joint stock company, trust corporation, or governmental
entity.
1. "Public Way" shall mean the surface of, and space above
and below, any public street, highway, freeway, bridge,
land path, alley, court, boulevard, sidewalk, parkway,
way, lane, public way, drive, circle, or other public
right-of-way, including, but not limited to, public
utility easements, dedicated utility strips , or
rights-of-way dedicated for compatible uses and any
temporary or permanent fixtures or improvements located
theron now or hereafter held by the Franchise Authority
in the Service Area which shall entitle the Franchise
Authority and the Grantee to the use thereof for the
purpose of installing, operating, repairing, and main-
taining the Cable System. Public Way shall also mean
any easement now or hereafter held by the Franchise
Authority within the Service Area for the purpose of
installing, operating, repairing and maintaining the
Cable System. Public Way shall also mean any easement
now or hereafter held by the Franchise Authority within
the Service Area for the purpose of public travel, or
for utility or public service use dedicated for com-
patible uses, and shall include other easements or
rights-of-way as shall within their proper use and
meaning entitle the Franchise Authority and the Grantee
to the use thereof for the purposes of installing or
transmitting Grantee's Cable Service or other service
over poles, wires, cables, conductors, ducts, conduits,
vaults, manholes, amplifiers, appliances, attachments,
and other property as may be ordinarily necessary and
pertinent to the Cable System.
m. "Service Area" means the present municipal boundaries
of the Franchising Authority, and shall include any ad-
dition thereto by annexation or other legal means.
n. "Service Tier" means a category of Cable Service or
other services, provided by Grantee and for which a
separate charge is made by Grantee.
o. "Subscriber" means a person or user of the Cable System
who lawfully receives Cable Services or other service
therefrom with Grantee's express permission.
p. "Video Programming" means programming provided by, or
generally considered comparable to programming provided
by, a television broadcast station.
SECTION II
Grant of Franchise
2 . 1 Grant. The City hereby grants to Grantee a non-
exclusive Franchise which authorizes the Grantee to construct and
operate a Cable System and offer Cable Service and other services
in, along, among, upon, across, above, over, under, or in any
manner connected with Public Ways within the Service Area and for
that purpose to erect, install, construct, repair, replace,
reconstruct, maintain, or retain in, on, over, under, upon,
across, or along any Public Way and all extensions thereof and
additions thereto, such poles, wires, cables, conductors, ducts,
conduits, vaults, manholes, pedestals, amplifiers, appliances,
attachments, and other related property or equipment as may be
necessary or appurtenant to the Cable System.
2 .2 Term. The Franchise granted pursuant to this Ordinance
shall be for an initial term of twenty five (25) years from the
effective date of the Franchise as set forth in Section 2.3, un-
less otherwise lawfully terminated in accordance with the terms
of this Ordinance.
2.3 Acceptance: Effective Date. Grantee shall accept the
Franchise granted pursuant hereto by signing this ordinance and
filing same with the City Clerk or other appropriate official or
agency of the Franchising Authority within sixty (60) days after
the passage and final adoption of this Ordinance. Subject to the
acceptance by Grantee, the effective date of this Ordinance shall
be the sixtieth day after its passage and final adoption.
2 . 4 Favored Nations. In the event the Franchising
Authority enters into a franchise, permit, license, authorization
or other agreement of any kind with any other person or entity
other than Grantee to enter into the City's streets and public
ways for the purpose of constructing or operating a Cable System
or providing Cable Service to any part of the service area, the
material provisions thereof shall be reasonably comparable to
those contained herein, in order that one operator not be granted
an unfair competitive advantage over another, and to provide all
parties equal protection under the law.
SECTION III
Standards of Service
3 . 1 Conditions of Street Occupancy. All transmission and
distribution structures, poles, other lines, and equipment in-
stalled or erected by the Grantee pursuant to the terms hereof
shall be located so as to cause a minimum of interference with
the proper use of Public Ways and with the rights and reasonable
convenience of property owners who own property that adjoins any
of said Public Ways.
3.2 Restoration of Public Ways. If during the course of
Grantee's construction, operation, or maintenance of the Cable
System there occurs a disturbance of any Public Way by Grantee,
it shall, at its expense, replace and restore such Public Way to
a condition reasonably comparable to the condition of the Public
Way existing immediately prior to such disturbance.
3.3 Relocation at Request of Franchising Authority. Upon
its receipt of reasonable advance notice, not to be less than
five (5) business days, the Grantee shall, at its own expense,
protect, support, temporarily disconnect, relocate in the Public
Way, or remove from the Public Way, any property of the Grantee
when lawfully required by Franchising Authority by reason of
traffic conditions, public safety, street abandonment, freeway
and street construction, change or establishment of street grade,
installation of sewers, drains, gas or water pipes, or any other
type of structures or improvements by the Franchising Authority;
but, the Grantee shall in all cases have the right of abandonment
of its property. If public funds are available to any company
using such street, easement, or right of way for the purpose of
defraying the cost of any of the foregoing, such funds shall also
be made available to the Grantee.
3 . 4 Relocation at Request of Third Party. The Grantee
shall, on the request of any person holding a building moving
permit issued by the Franchising Authority, temporarily raise or
lower its wires to permit the moving of such building, provided:
(a) the expense of such temporary raising or lowering of wires is
paid by said person, including, if required by the Grantee,
making such payment in advance; and (b) the Grantee is given not
less than ten (10) business days advance written notice to
arrange for such temporary wire changes.
3. 5 Trimming of Trees and Shrubbery. The Grantee shall
have the authority to trim trees or other natural growth over-
hanging any of its Cable System in the Service Area so as to
prevent branches from coming in contact with the Grantee's wires,
cables, or other equipment. The Grantee shall reasonably compen-
sate the Franchising Authority or property owner for any damages
caused by such trimming, or shall, at its own cost and expense,
reasonably replace all trees or shrubs damaged as a result of any
construction of the System undertaken by Grantee. Such replace-
ment shall satisfy any and all obligations Grantee may have to
the Franchise Authority and the property owner pursuant to the
terms of this Section.
3. 6 Use of Grantee's Equipment by Franchising Authority.
Subject to any applicable state or federal regulations or
tariffs, the Franchising Authority shall have the right to make
additional use, for any public purpose, of any poles or conduits
controlled or maintained exclusively by or for the Grantee in any
Public Way; provided that (a) such use by the Franchising
Authority does not interfere with a current or future use by the
Grantee; (b) the Franchising Authority holds the Grantee harmless
against and from all claims, demands, costs, or liabilities of
every kind and nature whatsoever arising out of such use of said
poles or conduits, including, but not limited to, reasonable at-
torneys' fees and costs; and (c) at Grantee's sole discretion,
the Franchising Authority may be required either to pay a
reasonable rental fee or otherwise reasonably compensate Grantee
for the use of such poles, conduits, or equipment; provided,
however, that Grantee agrees that such compensation or charge
shall not exceed those paid by it to public utilities pursuant to
the applicable pole attachment agreement, or other authorization,
relating to the Service Area.
3 .7 Safety Requirements. Construction, installation, and
maintenance of the Cable System shall be performed in an orderly
and workmanlike manner. All such work shall be performed in sub-
stantial accordance with applicable FCC or other federal, state,
and local regulation. The Cable System shall not unreasonably
endanger or interfere with the safety of persons or property in
the Service Area.
3.8 Aerial and Underground Construction. In those areas of
the Service Area where all of the transmission or distribution
facilities of the respective public utilities providing telephone
communications and electric services are underground, the Grantee
likewise shall construct, operate, and maintain all of its trans-
mission and distribution facilities underground; provided that
such facilities are actually capable of receiving Grantee's cable
and other equipment without technical degradation of the Cable
System's signal quality. In those areas of the Service Area
where the transmission or distribution facilities of the respec-
tive public utilities providing telephone communications, and
electric services are both aerial and underground, Grantee shall
have the sole discretion to construct, operate, and maintain all
of its transmission and distribution facilities, or any part
thereof, aerially or underground. Nothing contained in this Sec-
tion 3 .8 shall require Grantee to construct, operate, and main-
tain underground any ground-mounted appurtenances such as sub-
scriber taps, line extenders, system passive devices (splitters,
directional couplers) , amplifiers, power supplies, pedestals, or
other related equipment. Notwithstanding anything to the con-
trary contained in this Section 3 .8, in the event that all of the
transmission or distribution facilities of the respective public
utilities providing telephone communications and electric serv-
ices are placed underground after the effective date of this Or-
dinance, Grantee shall only be required to construct, operate,
and maintain all of its transmission and distribution facilities
underground if it is given reasonable notice and access to the
public utilities' facilities at the time that such are placed un-
derground.
3 .9 Required Extensions of Service. The Cable System as
constructed as of the date of the passage and final adoption of
this Ordinance substantially complies with the material provi-
sions hereof. Grantee is hereby authorized to extend the Cable
System as necessary, as desireable, or as required pursuant to
the terms hereof within the Service Area. Whenever Grantee shall
receive a request for service from at least fifteen (15) Sub-
scribers within 1320 cable bearing strand feet (one-quarter cable
mile) of its trunk or distribution cable, it shall extend its
Cable System to such subscribers at no cost to said Subscribers
for system extension, other than the usual connection fees for
all Subscribers; provided that such extension is technically
feasible, and if it will not adversely affect the operation,
financial condition, or market development of the Cable System,
or as provided for under Section 3 . 10 of this Ordinance.
3.10 Subscriber Charges for Extensions of Service. No Sub-
scriber shall be refused service arbitrarily. However, for un-
usual circumstances, such as a Subscriber's request to locate his
cable drop underground, existence of more than one hundred fifty
(150) feet of distance from distribution cable to connection of
service to Subscribers, or a density of less than fifteen (15)
Subscribers per 1320 cable-bearing strand feet of trunk or dis-
tribution cable, Cable Service or other service may be made
available on the basis of a capital contribution in aid of con-
struction, including cost of material, labor, and easements. For
the purpose of determining the amount of capital contribution in
aid of construction to be borne by Grantee and Subscribers in the
area in which Cable Service may be expanded, Grantee will con-
tribute an amount equal to the construction and other costs per
mile, multiplied by a fraction whose numerator equals the actual
number of potential Subscribers per 1320 cable-bearing strand
feet of its trunks or distribution cable, and whose denominator
equals fifteen (15) Subscribers. Potential Subscribers will bear
the remainder of the construction and other costs on a prorata
basis. Grantee may require that the payment of the capital
contribution in aid of construction borne by such potential
Subscribers be paid in advance.
3 . 11 Service to Public Buildings, The Grantee shall
provide without charge one (1) outlet of Basic Service to each of
the Franchising Authority's office building(s) , fire station(s) ,
police station(s) , and public school building(s) that are passed
by its Cable System. The outlets of Basic Service shall not be
used to distribute or sell Cable Services in or throughout such
buildings; nor shall such outlets be located in common or public
areas open to the public. Users of such outlets shall hold
Grantee harmless from any and all liability or claims arising out
of their use of such outlets, including but not limited to, those
arising from copyright liability. Notwithstanding anything to
the contrary set forth in this Section 3 . 11, the Grantee shall
not be required to provide an outlet to such buildings where the
drop line from the feeder cable to said buildings or premises ex-
ceeds one hundred fifty (150) cable feet, unless it is techni-
cally feasible and so long as it will not adversely affect the
operation, financial condition, or market development of the
Cable system to do so, or unless the appropriate governmental en-
tity agrees to pay the incremental cost of such drop line in ex-
cess of 150 cable feet. In the event that additional outlets of
Basic Service are provided to such buildings, the building owner
shall pay the usual installation fees associated therewith, in-
cluding, but not limited to, labor and materials. Upon request
of Grantee, the building owner may also be required to pay the
service fees associated with the provision of Basic Service and
the additional outlets relating thereto.
3. 12 Emergency Override. In the case of any emergency or
disaster, the Grantee shall, upon request of the Franchising
Authority, make available its facilities for the Franchising
Authority to provide emergency information and instructions
during the emergency or disaster period. The Franchising
Authority shall hold the Grantee, its agents, employees, of-
ficers, and assigns hereunder, harmless from any claims arising
out of the emergency use of its facilities by the Franchising
Authority, including, but not limited to, reasonable attorneys'
fees and costs.
Section IV
Regulation by Franchise Authority
4.1 Franchise Fee.
A. Grantee shall pay to the Franchising Authority a
franchise fee equal to five percent (5%) of Gross Revenues
received by Grantee from the operation of the Cable System on an
annual basis; provided, however, that Grantee may credit against
any such payments (i) any tax, fee, or assessment of any kind im-
posed by Franchising Authority or other governmental entity on a
cable operator, or subscriber, or both, solely because of their
status as such; (ii) any tax, fee, or assessment of general ap-
plicability which is unduly discriminatory against cable
operators or subscribers (including any such tax, fee, or assess-
ment imposed, both on utilities and cable operators and their
services) , and (iii) any other special tax, assessment, or fee
such as a business, occupation, and entertainment tax. For pur-
poses of this section, the 12-month period applicable under the
Franchise for the computation of the franchise fee shall be a
calendar year, unless otherwise agreed to in writing by the
Franchising Authority and Grantee. The franchise fee payment
shall be due and payable ninety (90) days after the close of the
preceding calendar year. Each payment shall be accompanied by a
brief report from a representative of Grantee showing the basis
for the computation. In no event, shall the franchise fee pay-
ments required to be paid by Grantee exceed 5 percent of Gross
Revenues received by Grantee in any 12-month period.
B. Limitation on Franchise Fee Actions. The period
of limitation for recovery of any franchise fee payable hereunder
shall be five (5) years from the date on which payment by the
Company is due. Unless within five (5) years from and after said
payment due date the City initiates a lawsuit for recovery of
such franchise fees in a court of competent jurisdiction, such
recovery shall be barred and the City shall be estopped from as-
serting any claims whatsoever against the Company relating to any
such alleged deficiencies.
4.2 Rates and Charges. The Franchising Authority may not
regulate the rates for the provision of Cable Service and other
services, including, but not limited to, ancillary charges relat-
ing thereto, except as expressly provided herein and except as
authorized pursuant to federal and state law including, but not
limited to, the Cable Act and FCC Rules and Regulations relating
thereto. From time to time, Grantee has the right to modify its
rates and charges including, but not limited to, the implementa-
tion of additional charges and rates; provided, however, that
Grantee shall give notice to the Franchising Authority of any
such modifications or additional charges thirty (30) days prior
to the effective date thereof.
In the event that Basic Service rate increases are subject
to approval of the Franchising Authority, the Grantee may, at its
discretion and without consent of the Franchising Authority, in-
crease rates relating to the provision of Basic Service by an
amount which is at least equal to five (5) percent per year.
4.3 Renewal of Franchise. The Franchising Authority and
the Grantee agree that any proceedings undertaken by the
Franchising Authority that relate to the renewal of the Grantee's
Franchise shall be governed by and comply with the provisions of
Section 626 of the Cable Act (as such existed as of the effective
date of the Cable Act) , unless the procedures and substantive
S7
protections set forth therein shall be deemed to be preempted and
superseded by the provisions of any subsequent provision of
federal or state law.
In addition to the procedures set forth in said Section
626(a) , the Franchising Authority agrees to notify Grantee of its
preliminary assessments regarding the identity of future cable-
related community needs and interests, as well as, the past per-
formance of Grantee under the then current Franchise term. The
Franchising Authority further agrees that such a preliminary as-
sessment shall be provided to the Grantee prior to the time that
the four (4) month period referred to in Subsection (c) of Sec-
tion 626 is considered to begin. Notwithstanding anything to the
contrary set forth in this Section 4 . 3, the Grantee and Franchis-
ing Authority agree that at any time during the term of the then
current Franchise, while affording the public appropriate notice
and opportunity to comment, the Franchising Authority and Grantee
may agree to undertake and finalize negotiations regarding
renewal of the then current Franchise and the Franchising
Authority may grant a renewal thereof. The Grantee and the
Franchising Authority consider the terms set forth in this sec-
tion to be consistent with the express provisions of Section 626
of the Cable Act. A reproduction of Section 626 of the Cable act
as such existed as of the effective date of the Cable Act is at-
tached hereto as Schedule 1 and incorporated herein by this
reference.
4 . 4 Conditions of Sale. Except to the extent expressly
required by federal or state law, if a renewal of Grantee's
Franchise is denied and the Franchising Authority either lawfully
acquires ownership of the Cable System or by its actions lawfully
effects a transfer of ownership of the Cable System to another
party, any such acquisition or transfer shall be at a fair market
value, determined on the basis of the Cable System valued as a
going concern.
Grantee and Franchising Authority agree that in the case of
a lawful revocation of the franchise, at Grantee's request, which
shall be made in its sole discretion, Grantee shall be given a
reasonable opportunity to effectuate a transfer of its Cable Sys-
tem to a qualified third party. The Franchising Authority further
agrees that during such a period of time, it shall authorize the
Grantee to continue to operate pursuant to the terms of its prior
Franchise; however, in no event shall such authorization exceed a
period of time greater than six (6) months from the effective
date of such revocation. If, at the end of that time, Grantee is
unsuccessful in procuring a qualified transferee or assignee of
its Cable System which is reasonably acceptable to the Franchis-
ing Authority, Grantee and Franchising Authority may avail them-
selves of any rights they may have pursuant to federal or state
law; it being further agreed that Grantee's continued operation
of its Cable System during the six (6) month period shall not be
deemed to be a waiver, nor an extinguishment of, any rights of
either the Franchising Authority or the Grantee. Notwithstanding
anything to the contrary set forth in Section 4 .4, neither
Franchising Authority nor Grantee shall be required to violate
federal or state law.
4.5 Transfer of Franchise. Grantee's right, title, or in-
terest in the Franchise shall not be sold, transferred, assigned,
or otherwise encumbered, other than to an Affiliate, without the
prior consent of the Franchising Authority, such consent not to
be unreasonably withheld. No such consent shall be required,
however, for a transfer in trust, by mortgage, by other
hypothecation, or by assignment of any rights, title, or interest
of Grantee in the Franchise or Cable System in order to secure
indebtedness.
Section V
Compliance and Monitoring
5.1 Testing for Compliance. The Franchising Authority may
perform technical tests of the Cable System during reasonable
times and in a manner which does not unreasonably interfere with
the normal business operations of the Grantee or the Cable System
in order to determine whether or not the Grantee is in compliance
with the terms hereof and applicable state or federal laws. Ex-
cept in emergency circumstances, such tests may be undertaken
only after giving Grantee reasonable notice thereof, not to be
less than two (2) business days, and providing a representative
of Grantee an opportunity to be present during such tests. In
the event that such testing demonstrates that the Grantee has
substantially failed to comply with a material requirement
hereof, the reasonable costs of such tests shall be borne by the
Grantee. In the event that such testing demonstrates that
Grantee has substantially complied with such material provisions
hereof, the cost of such testing shall be borne by the Franchis-
ing Authority. Except in emergency circumstances, the Franchis-
ing Authority agrees that such testing shall be undertaken no
more than two (2) times a year in the aggregate, and that the
results thereof shall be made available to the Grantee upon
Grantee's request.
5.2 Books and Records. The Grantee agrees that the
Franchising Authority may review such of its books and records,
during normal business hours and on a nondisruptive basis, as are
reasonably necessary to monitor compliance with the terms hereof,
or as otherwise required by law. Such records shall include, but
shall not be limited to, any public records required to be kept
by the Grantee pursuant to the rules and regulations of the FCC.
Notwithstanding anything to the contrary set forth herein,
Grantee shall not be required to disclose information which it
reasonably deems to be proprietary or confidential in nature.
The Franchising Authority agrees to treat any information dis-
closed by the Grantee to it as confidential, and only to disclose
it to employees, representatives, and agents thereof that have a
need to know, or in order to enforce the provisions hereof.
Section VI
Insurance, Indemnification, and
Bonds or Other Surety
6.1 Insurance Requirements. Grantee shall maintain in full
force and effect, at its own cost and expense, during the term of
the Franchise, Comprehensive General Liability Insurance in the
amount of $1, 000, 000 combined single limit for bodily injury, and
property damage. Said insurance shall designate the Franchising
Authority as an additional insured. Such insurance shall be
non-cancellable except upon thirty (30) days prior written notice
to the Franchising Authority.
6.2 Indemnification. The Grantee agrees to indemnify, save
and hold harmless, and defend the Franchising Authority, its of-
ficers, boards and employees, from and against any liability for
damages and for any liability or claims resulting from property
damage or bodily injury (including accidental death) , which arise
out of the Grantee's construction, operation, or maintenance of
its Cable System, including, but not limited to, reasonable
attorney's fees and costs.
6.3 Bonds and other Surety. Except as expressly provided
herein, Grantee shall not be required to obtain or maintain bonds
or other surety as a condition of being awarded the Franchise or
continuing its existence. The Franchising Authority acknowledges
that the legal, financial, and technical qualifications of
Grantee are sufficient to afford compliance with the terms of the
Franchise and the enforcement thereof. Grantee and Franchising
Authority recognize that the costs associated with bonds and
other surety may ultimately be borne by the subscribers in the
form of increased rates for Cable Services. In order to minimize
such costs, the Franchising Authority agrees to require bonds and
other surety only in such amounts and during such times as there
is a reasonably demonstrated need therefor. The Franchise
Authority agrees that in no event, however, shall it require a
bond or other related surety in an aggregate amount greater than
$10, 000, conditioned upon the substantial performance of the
material terms, covenants, and conditions of the Franchise. Ini-
tially, no bond or other surety will be required. In the event
that one is required in the future, the Franchising Authority
agrees to give Grantee at least sixty (60) days prior written
notice thereof stating the exact reason for the requirement.
Such reason must demonstrate a change in the Grantee's legal,
financial, or technical qualifications which would materially
prohibit or impair its ability to comply with the terms of the
Franchise or afford compliance therewith.
Section VII
Enforcement and Termination of Franchise
7.1 Notice of Violation. In the event that the Franchising
Authority believes that the Grantee has not complied with the
•
•
terms of the Franchise, it shall notify Grantee in writing of the
exact nature of the alleged non-compliance.
7.2 Grantee's Right to Cure or Respond. Grantee shall have
thirty (30) days from receipt of the notice described in Section
7 . 1 to (a) respond to the Franchising Authority contesting the
assertion of noncompliance, or (b) to cure such default or, in
the event that by the nature of default, such default cannot be
cured within the thirty (30) day period, initiate reasonable
steps to remedy such default and notify the Franchising Authority
of the steps being taken and the projected date that they will be
completed.
7 . 3 Public Hearing. In the event that Grantee fails to
respond to the notice described in Section 7 . 1 pursuant to the
procedures set forth in Section 7.2 , or in the event that the al-
leged default is not remedied within sixty (60) days after the
Grantee is notified of the alleged default pursuant to Section
7. 1, the Franchising Authority shall schedule a public meeting to
investigate the default. Such public meeting shall be held at
the next regularly scheduled meeting of the Franchising Authority
which is scheduled at a time which is no less than five (5) busi-
ness days therefrom. The Franchising Authority shall notify the
Grantee of the time and place of such meeting and provide the
Grantee with an opportunity to be heard.
7.4 Enforcement. Subject to applicable federal and state
law, in the event the Franchising Authority, after such meeting,
determines that Grantee is in default of any provision of the
Franchise, the Franchising Authority may:
a) Foreclose on all or any part of any security provided
under this Franchise, if any, including without limita-
tion, any bonds or other surety; provided, however, the
foreclosure shall only be in such a manner and in such
amount as the Franchising Authority reasonably deter-
mines is necessary to remedy the default;
b) Commence an action at law for monetary damages or seek
other equitable relief;
c) In the case of a substantial default of a material
provision of the Franchise, declare the Franchise
Agreement to be revoked; or
d) Seek specific performance of any provision, which
reasonably lends itself to such remedy, as an alterna-
tive to damages.
The Grantee shall not be relieved of any of its obligations to
comply promptly with any provision of the Franchise by reason of
any failure of the Franchising Authority to enforce prompt
compliance.
7.5 Acts of God. The Grantee shall not be held in default
or non-compliance with the provisions of the Franchise, nor suf-
fer any enforcement or penalty relating thereto, where such non-
compliance or alleged defaults are caused by strikes, acts of
God, power outages, or other events reasonably beyond its ability
to control.
SECTION VIII
Unauthorized Reception
8. 1 Misdemeanor. In addition to those criminal and civil
remedies provided by state and federal law, it shall be a mis-
demeanor for any person, firm or corporation to create or make
use of any unauthorized connection, whether physically, electri-
cally, acoustically, inductively, or otherwise, with any part of
the Cable System without the express consent of the Grantee.
Further, without the express consent of Grantee, it shall be a
misdemeanor for any person to tamper with, remove, or injure any
property, equipment, or part of the Cable System or any means of
receiving Cable Service or other services provided thereto. Sub-
ject to applicable federal and state law, the Franchising
Authority shall incorporate into its criminal code, if not
presently a part thereof, criminal misdemeanor law which will en-
force the intent of this Section 8. 1.
Section IX
Miscellaneous Provisions
9.1 Documents Incorporated and Made a Part Hereof. The
following documents shall be incorporated herein by this
reference, and in the case of a conflict or ambiguity between or
among them, the document of latest date shall govern:
a) Any enabling ordinance in existence as of the date
hereof; and
b) Any proposal submitted by Grantee pursuant to a Fran-
chise renewal procedure, as amended and supplemented
during the Franchise renewal negotation process;
c) Any franchise agreement between Grantee and Franchising
Authority reflecting the renewal of the Franchise, if
any.
9.2 Preemption. If the FCC, or any other federal or state
body or agency shall now or hereafter exercise any paramount
jurisdiction over the subject matter of the Franchise, then to
the extent such jurisdiction shall preempt and supersede or
preclude the exercise of the like jurisdiction by the Franchising
Authority, the jurisdiction of the Franchising Authority shall
cease and no longer exist.
9.3 Actions of Franchising Authority. In any action by the
Franchising Authority or representative thereof, mandated or per-
mitted under the terms hereof, such party shall act in a
reasonable, expeditious, and timely manner. Furthermore, in any
instance where approval or consent is required under the terms
hereof, such approval or consent shall not be unreasonably
withheld.
9.4 Notice. Unless expressly otherwise agreed between the
parties, every notice or response to be served upon the Franchis-
ing Authority or Grantee shall be in writing, and shall be deemed
to have been duly given to the required party five (5) business
days after having been posted in a properly sealed and correctly
addressed envelope by certified or registered mail, postage
prepaid, at a Post Office or branch thereof regularly maintained
by the U.S. Postal Service.
The notices or responses to the Franchising Authority shall
be addressed as follows:
The City of Wylie
2000 North Highway 78
Wylie, Texas 75098
The notices or responses to the Grantee shall be addressed as
follows:
TCI Cablevision of Texas, Inc.
121 A North Greenville Ave.
P.O. Box 64
Allen, Texas 75002
with a copy to: TCI Cablevision of Texas, Inc.
ATTENTION: Legal Department
P.O. Box 5630
Denver, CO 80217
OR 4643 South Ulster, Denver, CO 80237
The Franchising Authority and the Grantee may designate such
other address or addresses from time to time by giving notice to
the other.
9 . 5 Descriptive Headings. The captions to Sections
contained herein are intended solely to facilitate the reading
thereof. Such captions shall not affect the meaning or inter-
pretation of the text herein.
9.6 Severability. If any Section, sentence, paragraph,
term, or provision hereof is determined to be illegal, invalid,
or unconstitutional, by any court of competent jurisdiction or by
any state or federal regulatory authority having jurisdiction
thereof, such determination shall have no effect on the validity
3
of any other Section, sentence, paragraph, term or provision
hereof, all of which will remain in full force and effect for the
term, of the Franchise or any renewal or renewals thereof.
Passed and adopted this day of , 19_, by the
following vote:
AYES:
NOES:
ABSENT:
ATTEST: City of Wylie
Title:
ATTEST: Communications Services, Inc.
Title:
61
SCHEDULE 1
RENEWAL
"Sec. 626. (a) During the 6-month period which begins with the
36th month before the franchise expiration; the franchising
authority may on its own initiative, and shall at the request of
the cable operator, commence proceedings which afford the public
in the franchise area appropriate notice and participation for
the purpose of-
" (1) identifying the future cable-related community
needs and interests; and
" (2) reviewing the performance of the cable operator
under the franchise during the then current fran-
chise term.
" (b) (1) Upon completion of a proceeding under subsection
(a) , a cable operator seeking renewal of a franchise may, on its
own initiative or at the request of a franchising authority, sub-
mit a proposal for renewal.
" (2) Subject to section 624, any such proposal shall
contain such material as the franchising authority may require,
including proposals for an upgrade of the cable system.
" (3) The franchising authority may establish a date by
which such proposal shall be submitted.
" (c) (1) Upon submittal by a cable operator of a proposal
to the franchising authority for the renewal of a franchise, the
franchising authority shall provide prompt public notice of such
proposal and, during the 4-month period which begins on the
completion of any proceedings under subsection (a) , renew the
franchise or, issue a preliminary assessment that the franchise
should not be renewed and, at the request of the operator or on
its own initiative, commence an administrative proceeding, after
providing prompt public notice of such proceeding, in accordance
with paragraph (2) to consider whether-
" (A) the cable operator has substanially complied with
the material terms of the existing franchise and
with applicable law;
" (B) the quality of the operator's service, including
signal quality, response to consumer complaints,
and billing practices, but without regard to the
mix, quality, or level of cable services or other
services provided over the system, has been rea-
sonable in light of community needs;
" (C) the operator has the financial, legal, and techni-
cal ability to provide the services, facilities,
and equipment as set forth in the operator's
proposal; and
" (D) the operator's proposal is reasonable to meet the
future cable-related community needs and inter-
ests, taking into account the cost of meeting such
needs and interests.
" (2) In any proceeding under paragraph (1) , the cable
operator shall be afforded adequate notice and the cable operator
and the franchise authority, or its designee, shall be afforded
fair opportunity for full participation, including the right to
introduce evidence (including evidence related to issues raised
in the proceeding under subsection (a) ) , to require the produc-
tion of evidence, and to question witnesses. A transcript shall
be made of any such proceeding.
" (3) At the completion of a proceeding under this subsec-
tion, the franchising authority shall issue a written decision
granting or denying the proposal for renewal based upon the
record of such proceeding, and transmit a copy of such decision
to the cable operator. Such decision shall state the reasons
therefor.
" (d) Any denial of a proposal for renewal shall be based on
one or more adverse findings made with respect to the factors
described in subparagraphs (A) through (D) of subsection (c) (1) ,
pursuant to the record of the proceeding under subsection (c) . A
franchising authority may not base a denial of renewal on a
failure to substantially comply with the material terms of the
franchise under subsection (c) (1) (A) or on events considered
under subsection (c) (1) (B) in any case in which a violation of
the franchise or the events considered under subsection (c) (1)
(B) occur after the effective date of this title unless the
franchising authority has provided the operator with notice and
the opportunity to cure, or in any case in which it is documented
that the franchising authority has waived its right to object, or
has effectively acquiesced.
" (e) (1) Any cable operator whose proposal for renewal has
been denied by a final decision of a franchising authority made
pursuant to this section, or has been adversely affected by a
failure of the franchising authority to act in accordance with
the procedural requirements of this section, may appeal such
final decision or failure pursuant to the provisions of section
635.
" (2) The court shall grant appropriate relief if the court
finds that-
" (A) any action of the franchising authority is not in
compliance with the procedural requirements of
this section; or
" (B) in the event of a final decision of the franchis-
ing authority denying the renewal proposal, the
operator has demonstrated that the adverse finding
of the franchising authority with respect to each
of the factors described in subparagraphs (A)
through (D) of subsection (c) (1) on which the
denial is based is not supported by a prepon-
derance of the evidence, based on the record of
the proceeding conducted under subsection (c) .
" (f) Any decision of a franchising authority on a
proposal for renewal shall not be considered final unless all ad-
ministrative review by the State has occurred or the opportunity
therefor has lapsed.
" (g) For purposes of this section, the term 'franchise
expiration' means the date of the expiration of the term of the
franchise, as provided under the franchise, as it was in effect
on the date of the enactment of this title.
" (h) Notwithstanding the provisions of subsections (a)
through (g) of this section, a cable operator may submit a
proposal for the renewal of a franchise pursuant to this subsec-
tion at any time, and a franchising authority may, after afford-
ing the public adequate notice and opportunity for comment, grant
or deny such proposal at any time (including after proceedings
pursuant to this section have commenced) . The provisions of
sub-sections (a) through (g) of this section shall not apply to a
decision to grant or deny a proposal under this subsection . The
denial of a renewal pursuant to this subsection shall not affect
action on a renewal proposal that is submitted in accordance with
subsections (a) through (g) .
MEMORANDUM
DATE: February 5, 1991
TO: City Council
FROM: Bill Dashner , City Manage
a*"
RE: Discuss and Consider Auth rizing Preparation
Of Specifications for the Proposed Purchase
Of or Lease Purchase of One New Pumper Truck
For the Fire Department
During FY91 budget discussions the City Council
discussed within this fiscal year to fund the
purchase of or lease purchase of a new pumper truck
for the Fire Department . As you know the City' s
four (4) fire trucks are as follows :
1. 18 years old 1973 350 Gallon Pumper
2 . 19 years old 1972 750 Gallon Pumper
3. 13 years old 1978 750 Gallon Pumper
4. 11 years old 1980 750 Gallon Pumper
With your authorization the Fire Chief will develop
a competitive set of specifications to be brought
back to the City Council , with these specifications
I will recommend a funding strategy.
6
MEMORANDUM
DATE: January 29 , 1991
TO: City Council
FROM: Bill Dashner , City Manage
RE: Discuss and Consider Formal Request From
Mayor of Dallas for the City of Dallas
Through The Dallas Housing Authority To
Develop Low Rent Public Housing Within The
City of Wylie
Attached is a letter from Annette Strauss , Mayor
of Dallas, making a formal request that the City
of Dallas Housing Authority be permitted to enter
into a cooperative agreement with the City of
Wylie to develop a reasonable number of assisted
housing units or low rent public housing in the
City of Wylie. If the City Council agrees to this
proposal the City of Dallas will draft a
cooperative agreement to be executed at a later
date by the City Council .
Attachment: Letter from City of Dallas
•
•
CITY OF DALLAS
ANNETTE STRAUSS
Mayor
January 28, 1991
Mr. Bill Dashner
City Manager
City of Wylie
P. 0. Box 428
Wylie, Texas 75098
RE: Walker, et al . vs. HUD, et al . ; Civil Action No. CA-3-85-1210-R;
United States District Court, Northern District of Texas
Dear Mr. Dashner:
On August 4, 1989 in a lawsuit styled Walker et al . v. United States Department
of Housing and Urban Development, et al . , the United States District Court of
the Northern District of Texas, Dallas Division ordered that the City of Dallas
be joined as a party to the lawsuit and ordered summary judgment in favor of
the plaintiffs and against the City of Dallas on the issue of liability. A
future hearing to determine the remedy to be imposed against the City was also
ordered. In this order the Court found that the City of Dallas had "been a
substantial cause of the racial segregation in public housing in Dallas."
However, on June 27, 1990 the City of Dallas agreed to settle all claims
asserted in the action and the City Council voted to submit a Consent Decree
to the Court as evidence of the City's intent to settle the lawsuit. (A copy
of the Consent Decree is enclosed) . The Consent Decree was formally entered
by United States District Court Judge Jerry Buchmeyer on September 24, 1990.
In the agreement the City committed to spend approximately $118 million over
the next eight years to: 1) increase the supply of government assisted housing
throughout the Dallas metropolitan area; 2) improve the neighborhood conditions
around family occupied public housing developments; and, 3) to enact, promote
and enforce a fair housing ordinance which is substantially the same as the
federal fair housing law.
The City of Dallas supports the development of low income family housing
throughout the Dallas metropolitan region as a means of providing desegregated
and expanded housing choices for low income families. In support of this goal ,
we have committed $23 million dollars to a housing fund for this purpose.
The purpose of this letter is to ask your assistance in the achievement of the
commitments we have made to the Court.
OFFICE OF THE MAYOR CITY HALL DALLAS,TEXAS 75201 TELEPHONE 214/670-4054
January 28, 1991
Re: Walker et al . vs. HUD, et al . ; Civil Action No. CA-3-85-1210-R;
United States District Court, Northern District of Texas
Page 2
Specifically, we are requesting that the City of Wylie as well as other cities
in the Dallas Metropolitan Area each enter into a cooperation agreement with
the Dallas Housing Authority for the development of a reasonable number of
assisted housing units within your city limits for persons eligible for low
rent public housing.
Your serious attention to this request is most appreciated. Should you wish
to discuss this or have questions or concerns, please do not hesitate to
contact Mr. Harry L. Jones, Sr. , Housing Compliance Director, by telephone at
214/670-5334 or, in writing, at 1500 Marilla Street, Room 4CN, Dallas, Texas
75201. We look forward to your favorable consideration of this request and are
ready to assist you should you so desire.
Sincerely,
a�i�zG
Annette Strauss
Mayor
pf
c: Jerry Buchmeyer
U. S. District Court Judge
1100 Commerce - 15E6
Dallas, Texas 75242
Mr. Louis Weber, Jr.
Special Master
The Plaza on Bachman Creek
3860 W. NW Highway - Suite 200
Dallas, Texas 75220
Mr. Alphonso Jackson
Executive Director
Dallas Housing Authority
2525 Lucas Drive
Dallas, Texas 75219
OFFICE OF THE MAYOR CITY HALL DALLAS,TEXAS 75201 TELEPHONE 214/670-5658
MEMORANDUM
DATE: January 29 , 1991
TO: City Council
FROM: Bill Dashner , City Manager • OL
RE: Discuss and Consider Adoption of Ordinance
Designating a Historical Landmark In
Accordance With Wylie Historic Landmark
Preservation Program
Attached is an ordinance which will bring about a
placement of a historical landmark monument to be
placed in the old downtown section of Wylie. This
will be done by the Historical Society of Wylie,
the Chamber of Commerce and the City.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, WYLIE, TEXAS;
DESIGNATING AN HISTORICAL LANDMARK LOCATION ACCORDING TO THE
WYLIE HISTORIC LANDMARK PRESERVATION PROGRAM ENACTED BY THE
CITY COUNCIL, CITY OF WYLIE, TEXAS, ON AUGUST 28 , 1990 .
WHEREAS, Downtown Wylie (what is now designated as the 100
blocks of North and South Ballard Street) best
represents the legacy of the commercial center of
Wylie, and
WHEREAS, City fathers Brown and Burns established their
Grocery and Dry Goods store on the northwest
corner of Ballard and Oak approximately
concurrently with the November 8, 1887
incorporation of the City of Wylie, and
Downtown was born , and
WHEREAS, In the last decade of the 19th century, a
visitor to Downtown Wylie would have seen dirt
streets , boardwalks, four saloons , a livery
stable, a harness shop, a barber shop, a large
hotel , an implement store, a dry goods store,
and a furniture store, and
WHEREAS, By approximately 1910 a thriving Wylie had
grown, and the first old wooden buildings
had given way to much of what we see today, and
WHEREAS, still another moment of fame came in the 1980 ' s
when Ballard Street became "Braddock" of TV show
"Dallas" fame.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF
WYLIE, TEXAS:
SECTION 1: Now therefore, in recognition of the need to
protect, preserve and promote the existing Town Center, the
City Council of Wylie does now designate the 100 Blocks of
North and South Ballard Street a Wylie Historic Landmark
location, hereafter to be referred to as Historic Downtown
Wylie.
SECTION 2: Historic Downtown Wylie should be designated
with an appropriate marker, the City Council does now
request that the Historical Society of Wylie take steps to
coordinate design construction and installation of such a
marker , and does now request cooperation of City
Maintenance Personnel with installation of this marker .
SECTION 3: Whereas the historical integrity of Historical
Downtown Wylie is significant to the appearance of our City,
the City Council when considering normal city improvements
such as lighting, pavement or landscaping shall make every
effort to ensure that said improvements are in keeping with
and enhance the appearance of the location.
SECTION 4: Whereas the City Council has previously enacted
an ordinance instructing the City Manager to contact and
cooperate with the Wylie Chamber of Commerce and the
Historical Society of Wylie to present a plan to the Texas
Main Street Center for consideration in inclusion of the
Texas Main Street Program, the City Council does request a
progress report and expediting of the process .
DULY PASSED by the City Council of the City of Wylie,
Texas, on the day of , 1991
John Akin, Mayor
ATTEST:
Carolyn Jones, City Secretary
7J1
MEMORANDUM
DATE: February 1, 1991
TO: City Council
FROM: Bill Dashner, City Manager ,
RE: Discuss and Consider Proposal From BFI -
Initial Phase of Recycling Program and
Approve Central Depository Location
BFI has listed two (2) options for recycling of
recyclable materials. The City Council needs to
decide which of the two (2) options they want. As
you know this phase is to determine need and
interest in a recycling program. If the City
Council decides to put this program in place a
location for the container has been recommended on
Ballard next to the old Fire Station (See Site
Map)
Attachment: BFI Proposal
Site Map
7C .
Ste Recycled paper ILO
FI Systems TM
•
BROWNING-FERRIS INDUSTRIES
McKinney District
January 31, 1991
Mr. Bill Dashner
City Manager
City of Wylie
Dear Mr. Dashner,
In response to our telephone conversation regarding placement of a 30 yard
compartmentalized container in the City of Wylie for recycling, I would like
to offer the following options and suggestions.
.0944 o
Option (1) 1 - 30 yard compartmentalized container �h' &
Haul Rate: $75.00 per haul
Daily Rental Rate: $4.50 per day
City receives 100% of the proceeds from the sale of recyclable
materials.
Option (2) 1 - 30 yard compartmentalized container $4 6'
41r1'
0
Haul Rate: $ 0.00
Daily Rental Rate: $4.50 per day
BFI retains 100% of the proceeds from the sale of recyclable
materials.
I would like to suggest to the city that the site selected by the City
for the recycling container be secured to prevent unauthorized access. This
would help in keeping the recyclable materials as clean (not mixed together)
as possible to eliminate sorting at the recycling center.
If you have any quesitons please contact me at your convenience.
inc sly,
Jerry in
P.O. BOX 14 • ALLEN, TEXAS 75002 • (214) 548-1545 • METRO 248-1800
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MEMORANDUM
DATE: January 28, 1991
TO: City Council
FROM: Bill Dashner , City Manager '
414.>
RE: Discuss and Consider Amending Interlocal
Agreement with Collin County on Change
Orders to McCreary/Brown Street Project
And All Cost Incurred Beyond Contract
Bid Price
The bid on this street project was awarded on
January 20, 1990 by Collin County. The Collin
County Commissioners Court has stipulated any
construction overruns will have to be paid for by
the City of Wylie. Therefore I have informed
Collin County prior to any change orders the City
must approve the change orders . This is a
$904,000 project. If the specifications and the
bid documents were tight I hope we can avoid
expensive change orders. I need your approval on
the amendment to the original agreement .
178?
CICOLLIN
COUNTY
January 30, 1991 Department of Public Works
Mr. Bill Dashner
City Manager
City of Wylie
P.O. Box 428
Wylie, Texas 75098
Re: Brown Street and McCreary Road -
Award of Bids
Dear Mr. Dashner:
Commissioners ' Court awarded the construction contract
for Brown Street and McCreary Road to XIT Paving &
Construction and Tiseo Construction respectively, contingent
on the City of Wylie agreeing to provide additional funds
that may be needed over and above the amount allocated by
Commissioners Court as shown on the attached Commissioners'
Court Order 89-656-09-11 .
I am attaching a letter amending the original
Interlocal Agreement dated September 11 , 1989, signed by
City Manager, Charles Norwood. Please sign the amendment
letter and return the original to me. We will send you a
fully executed copy after Judge Harris signs the letter.
We will proceed with preparation of the contract
documents and preconstruction meetings as if there were no
interruptions in the process we scheduled last year and
issue the notice to proceed with construction after we
receive the signed letter of agreement amending the
Interlocal Agreement.
Sincerely,
S20'114\- 442
Ruben Delgado, P.E.
Asst. Director of Public Works/Engineering
cc: Judge Harris and County Commissioners
Mason Strong
Barbara Stephen
Clarence Daugherty
G1 i yr�eass75069 • (214)548-4619 • 231-7170 ext. 4619(Metro) RD8-9
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AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF WYLIE AND COLLIN COUNTY
EXECUTED SEPTEMBER 11 , 1989
PURSUANT TO COMMISSIONERS' COURT ORDER 89-656-09-11
AND CITY COUNCIL RESOLUTION 89-8-1-89
WHEREAS, the City of Wylie and Collin County entered
into an Interlocal Agreement on September 11 , 1989 to
allocate 1983 County bond funds for grading, paving and
drainage improvements to Brown Street and McCreary Road
"projects" ;
WHEREAS, per the Interlocal Agreement, the County has
provided funds for engineering and preparation of plans and
specifications for said "projects" ;
WHEREAS, The City has acquired all the necessary right-
of-way, adjusted the required utilities, obtained all the
State Department of Highways and Public Transportation
permits and entered into agreements with the respective
railroad companies for the installation of railroad
crossings on Brown Street and McCreary Road;
WHEREAS, the City has requested the County advertise
for bids and award the construction contract to the lowest
qualified bidder;
WHEREAS, the bond funds allocated are insufficient to
cover the total"projects" costs;
WHEREAS, Commissioners ' Court , in Special Session on
January 28, 1991 , awarded the construction contracts to XIT
Paving and Construction and Tiseo Paving Company per Court
Order 91-074-01-28 contingent on the City of Wylie providing
funds to cover any costs over and above the amount allocated
by Commissioners' Court as per the Interlocal Agreement .
NOW THEREFORE THIS AMENDMENT TO THE INTERLOCAL AGREEMENT is
hereby made and entered into by Collin County and the City
of Wylie upon and for mutual consideration stated herein:
WITNESSET H:
County agrees to proceed with the construction contract
award, construction, and funding of the projects;
City agrees to provide additional funds to cover all
costs over and above the funds Commissioners ' Court
allocated for the projects.
EXECUTED THIS DAY OF , 1991 , by the
County of Collin, pursuant to Commissioners' Court Order
No. and the City of Wylie, pursuant to
City Council Resolution No.
COUNTY OF COLLIN
Ron Harris
County Judge
CITY OF WYLIE
•
ill D hner
City M nager
gif
COURT ORDER NO. 91-074-01-28
THE STATE OF TEXAS ) ROADS: IMPROVEMENTS
MCCREARY ROAD & BROWN STREET
COUNTY OF COLLIN ) PUBLIC WORKS/PURCHASING
On January 28, 1991,- the Commissioners' Court of Collin County, Texas,
met in special session with the following members present and
participating, to wit:
Ron Harris County Judge, Presiding
Phyllis Cole Commissioner, Precinct 1
Jerry Hoagland Commissioner, Precinct 2
John Witherspoon Commissioner, Precinct 3
Jack Hatchell Commissioner, Precinct 4
During such session the court considered a request from the public
works director for award of bid on the contract for construction of
McCreary Road and Brown Street (Ref. Bid No. 91-10-008) .
Thereupon a motion was made, seconded and carried with a majority vote
of the court to:
1) Jointly award the contract to Tiseo Paving Company at $124,556.05
for McCreary Road and to XIT Paving & Construction, Inc. at
$454,749.54 for Brown Street;
2) Allocate the $12,488 refunded to the City of Wylie and Collin
County to the McCreary Road and Brown Street projects;
3) Authorize the county purchasing agent to execute the construction
contract with XIT Paving & Construction and Tiseo Paving Company,
Inc. ; and
4) Authorize the county judge to execute the amended interlocal
agreement between the City of Wylie and Collin County, attached
hereto as Exhibit "A" .
Same is hereby approved in accordance with the information attached
hereto and the detailed bid documents which shall be retained
indefinitely in the purchasing department.
Ordered and dated this the day of January, 1991.
Ron Harris, County Judge
ATTEST: ``��owiti Collin County, T E X A S
OF
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(W& ,�,�
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Helen Starnes, Ex-Offitio Clef! ` -�=
Commissioners' Court z o; ( 4trl
Collin County, TEXAS 10"ti • `�;
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COURT ORDER NO. 894056 -09-11
THE STATE OF TEXAS ) • . ROADS: IMPROVEMENTS
) REALLOCATE BOND FUNDS TO
COUNTY OF COLLIN ) . BROWN ST. , McCREARyfpD. & SH 78
) CITY OF WYLIE/PUBLIC WORKS
On September 11, 1989, the Commissioners ' Court of Co.�lirj County,
Texas , met in regular session with the following members, present and
participating, to wit:
l ' i 1
William J. Roberts County Judge, Pyres .ding
Howard Thornton Commissioner, Prectpct 1
Jerry Hoagland Commissioner, Precinct 2
John Witherspoon Commissioner, Prec .pct 3
Jack Hatchell Commissioner, Prec.nct 4
During such session the court considered a request fromi!t
Wylie for a reallocation of approximately1the City s
to allow for reconstruction of sections on 8Br0own0Street84nd bond fundsy
Road and improvement of SH 78 to enhance transportation ,and Mtraffic circulation in this area of the county (Ref. attached locaiop map) .
Thereupon, a motion was made, seconded and carried witlit. :a i majority
vote of the court to approve reallocation of 1983 bond funds in the
approximate amount of $860 , 000 , from the Spring Creek Parkway Project
(from FM 2514 to SH 78) to: Brown Street (from SH 78 to Eallard) ,
($341 , 000*) ; McCreary Road ($484 ,000*) ; and SH 78 (remaining funds , if
any) ; and further , to authorize the county judge to ;execute the
attached interlocal agreement with the City of Wylie tq avail the
funds for the subject road projects .
* Approximate project costs .
i
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Adopted, ordered and dated this the //7< day of September r t9891
. Lil•N i ; '
c ..dt,itzh
William berts,
IID
ATTEST:
Collin County, TIE uXtA Sy udge
.11•>..
)61/120., . : PA.
Helen Starnes, Ex-0 cio Clerk c,.:'•• ;6, , ?.
Commissioners' Court ; z �i
Collin County, TEXAS ` �
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THE STATE OF TEXAS
COUNTY OF COLLIN
CITY/COUNTY AGREEMENT
Brown Street, McCreary Road and S. H. 78
WHEREAS, the County of Collin, Texas, hereinafter
called "County" , and the City of Wylie, hereinafter called
"City" , want to enter into an agreement for the construction
' of Brown Street from Ballard Street to S . H, 78; 1 and
McCreary Road from County Road 298 to F.M. 544 ; and S, H. 78
from South City of Wylie city limits to North City of Wylie
city limits, hereinafter called the "Projects" .
WHEREAS, funds were identified in the 1983 , Collin
County Bond Program for Spring Creek Parkway from SI, 11. 78
to F . M. 2514 in the amount of $1 ,080 ,000; and
WHEREAS, there remains approximately $860,000 of
unspent funds allocated to Spring Creek parkway; and
! I
WHEREAS, the Interlocal Cooperation Act, Articis 4413
( 32c) Vernon's Annotated Civil Statutes provides authoriza-
tion for any local government to contract with one orlmore
local governments to perform governmental functions and
services under the terms of the Act ;
g
NOW THEREFORE, THIS AGREEMENT is hereby made and
entered into by County and City upon and for the mutual
consideration stated herein:
WITNESSET H:
City hereby requests the County to provide bond funds
for the construction of paving,g, grading and drainage
improvements to Brown Street from Ballard Street to S. H.
78 ; and McCreary Road from County Road 298 to F. M. 544 ,; and
provide any funds remaining from Brown Street and McCreary
Road to S . H . 78 for the local government ' s share ! for
utility relocation and right-of-way acquisition as
per State
. Department of Highways and Public Transportation policy.;
II .
County hereby agrees to
provide for the engineering and
construction of the Brown Street and McCreary Road in
accordance with plL.ns and specifications approved by City.
III . II
City hereby agrees to acquire all right,,-pf-way
necessary for the improvements to Brown Street and McCreary
Road at no cost to County.
IV.
City and County hereby agree that the amount of the
funds allocated for these projects are the unused funds
•
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allocated to Spring Creek Parkway from F. M. 2514 to S H.
78 .
` I
V.
County agrees to allocate any unused bond funds
from
Brown Street and McCreary Road for the local governmept 's
share for right-of-way acquisition and utility relocaliop on
S. H. 78 ,
VI .
City hereby agrees to reimburse County all applical.le
funds collected from property owner(s ) adjacent to Lthe
projects designated in this Agreement either by assessment
or at such time in the future that said properties : are
developed. It is understood that the amount of the funds
collected will be based on actual construction costs of : the
aforementioned project and will be based on City development
policies in effect at that time .
VII .
City hereby agrees to defend, indemnify and $ave
harmless the County from any claims , demands , costs ,11 or
judgments against the County arising out of any negligent
act or omission of the City or its agents or contraotor(s)
In the performance of work and services under this
Agreement .
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Executed this AIM day of 5 -ism r-
19 g q , by
the County of Collin, pursuant to Commissioners ' Court Order
No. 2q- (056-O9-// and by City of Wylie
pursuant to City Council Resolution 89-8-1-89
COUNTY OF COLLIN, TEXAS
Wi liam J. oberts
County Judge
CITY WYLIE, TEXAS
/,(40M : "227
Charles Norwood •
City Manager
8 ;7 - _
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RESOLUTION NO. 8-/- 0
RESOLUTION AMENDING RESOLUTION
REAFFIRMING THE REALLOCATIONOFNO. 09c CREEK,
09�
PARKWAY FUNDS FOR FUNDING THE RECONSTRUCTION OF'
SECTIONS ON BROWN STREET AND MCCREARY ROAD AND '
IMPROVING HIGHWAY 78.
WHEREAS, The City of Wylie Y le wishes to continue its Capital
Improvements Program of reconstructing major
thoroughfares and designated urban roads in the
City, and;
WHEREAS, The City of Wylie's Master Thoroughfare Plan, as
well as Collin County's Urban Roads Plan has
designated Brown Street between N. Ballard (FM
2514) and U.S. Highway 78 North, as well as
McCreary Road between FM 544 and McMillan Road (CR
298) as an urban roads (thoroughfares) , and;
WHEREAS, A two-lane rubberized railroad crossing (estimated
to cost $140,008) will be a necessary part of the
reconstruction of McCreary Road, and;
WHEREAS, The proposed route of
the
would benefitSpring tCyetandPathese
the
Pendrey
improvements could bd pro err
e financed through developer
cost-sharing of the proposed parkway, and;
WHEREAS, Any improvements to the roadways on Brown Street
and McCreary Road would be
assessments to passed on through the
assess end the property owners along these
these funds would be so designated in
the county for widening and improving Highway 78,
and;
WHEREAS, The economic
down turn of the past few years,
along with the failure of the 1988 County bond
package has restricted the available funds for new
thoroughfare construction and reconstruction
programs in Collin County, and;
WHEREAS, The available funds have been designated for use
within the City of Wylie to facilitate its urban
roads and thoroughfare plans, and;
WHEREAS, There is approximately $860,808 In available urban
roads monies presently designated for Spring Creek
Parkway that could be reallocated to fund the
Brown Street and McCrearyRoad '
assistingi Programs as well as
H right-of-way purchase and relocating
utilities on State Highway 78, and
•
WHEREAS, The Brown Street Reconstruction Program would act ,
to connect FM 3412 and Highway 78 North, thereby
providing direct benefits to the citizens of '
Wylie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE !
CITY OF WYLIE, TEXAS THAT
SECTION 1 Funds presently designated for
Parkway be reallocated in the appropriate the Spring Creek
to fully fund the Brown Street reconsons amounts +
program for that area of truction i
North Ballard andBrown Street between
Road between Highway 78 North and McCreary
Road) and the widening 4nd County Road 298 (Mcm4llan
78. and Improving of Highway i
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SECTIOY 2 That the
h City Staff and County Engineering
Departmenta on beginacquiringwork at the earliest possible
day and begin th any needed easements, right-of-
expedite these engineering design so as to
• projects as soon as possible.
SECTION 3 The City Council respectfully Collin County Commissioners request that then
expeditious manner toCourt pro In he
:eallucat(on of these formally approve the
possible date, funds at the earliest
DULY PASSED BY THE CITY OUNCIL 0
_ DAY OF THE CITY OF HYLIE, TEXAS,
THIS
1999.
. Chuck Trimb e, Mayor
ATTEST: , of wy`\� �F Carolxa"'J ne
ll ity Secretary SEAL
--411/E.Telj.44 j .
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MEMORANDUM
DATE: January 28, 1991
TO: City Council
FROM: Bill Dashner , City Manager
moo'
RE: Discuss and Consider New Cost figure on
Collin County Construction Figure for
Alanis Road
For sometime now the City has been told Alanis
Road would cost approximately $18,000. Attached
is the official cost estimate from Collin County
stipulating the new estimate cost to be $46,538 .
As you know relocation of the road is a part of
the landfill closure process .
Attachment: Collin County Estimate
D
t
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Department of Public Works
January 25, 1991 Field Operations
Mr. Paul D. Beaver, P.E.
Director of Planning & Engineering
City of Wylie
2000 Hwy. 78 N.
P.O. Box 428
Wylie, TX 75098
Re: Revised cost estimate to upgrade Alanis Rd. to asphalt
Dear Paul:
The revised cost estimate to upgrade Alanis Road to asphalt
reflects a total materials cost of $46,538 .00. The cost for
materials, in accordance with Court Order No. 90-589-07-30
is considered the city' s expense as it appears this road is
totally within the city limits of Wylie. (Ref. my January
17 , 1990 letter to Ron Homeyer. At that time we understood
that only 1420 ft . of the road section was within the city
limits of Wylie. Also, the cost for flexible base has gone
up drastically) .
If you have any additional questions please give me a call.
Res ectfull iii
Richard S. Boston, P.E.
Assistant Director of Public Works
Field Operations
Attch. /Court Order #90-589-07-30
Fence detail and cost data
xc: Clarence Daugherty
Commissioner Hoagland
Bill Dashner, City Manager/City of Wylie
Ruben Delgado
700 A West Wilmeth •
McKinney, Texas 75069 • (214)548-3700 • 2317170 ext. 3700 (Metro)
COURT ORDER NO. 90-589-07-30
THE STATE OF TEXAS ) ADOPTION OF COUNTY ROAD POLICIES
(CITIES) AMENDING PREVIOUS ORDERS
COUNTY OF COLLIN ) PUBLIC WORKS
On July 30, 1990, the Commissioners ' Court of Collin County, Texas,
met in special session with the following members present and partici-
pating, to wit:
Howard Thornton Commissioner, Precinct 1
Jerry Hoagland Commissioner, Precinct 2
John Witherspoon Commissioner, Presiding
Jack Hatchell Commissioner, Precinct 4
During such session the court considered the following resolution to
accomodate various changes regarding maintenance within city limits
and which shall replace and supersede all previous orders (Ref. Court
Order Nos . 81-544-10-05, 8l-096-02-22, 84-790-11-12 and 85-506-08-12) :
WHEREAS, the Collin County Commissioners ' Court desires that a
consistent policy be continued concerning road work performed by the
county within the corporate limits of cities; and
WHEREAS, each city in Collin County has the responsibility to maintain
the roads and bridges within the city; and
WHEREAS, Collin County has limited funds , personnel and equipment to
apply to work in cities;
NOW THEREFORE, BE IT RESOLVED that the following policy be adopted:
1 . The commissioners ' court may consider making or participating in
improvements or major repairs , such as sealcoats, overlays, or
pavement rebuilding, to roads and bridges that are on the official
county thoroughfare plan and that are within the corporate limits
of a city. The court may also consider working on roads which are
not on the Collin County Thoroughfare Plan to include such items
as providing dust control, grading, sealcoating, mowing, or brush
cutting, cleaning of drainage ditches , emergency repair of bridges
and culverts, etc .
2 . If road or bridge improvements or repairs are authorized on a
thoroughfare road by the commissioners ' court, the city will be
required to reimburse the county for the cost of the materials
used in the project or for one-half of the total cost of the
project (including labor and equipment) , whichever is greater. If
work is authorized on a non-thoroughfare road by commissioners '
court, the city will be required to reimburse the county for the
total cost of the work, to include materials, equipment and labor.
COURT ORDER NO. 90-589-07-30
PAGE 2
fl 3. All requests must be submitted to the director of public works by
April 1 of the year prior to the year improvements are desired to
be made. Emergency requests will be evaluated by the
commissioners ' court and upon the merits presented by the
requesting city.
4 . Authorization for work in cities can only be given by' the commis-
sioners ' court.
5. Prior to commencement of any authorized project, the city must
place the required amount in escrow in a Collin County bank.
Approved, ordered and dated this the ,3(jA day of July, 1990 .
lArma
John D. therspoon, Commissi er, Presiding
ollin County, TEXAS
ATTEST:
Pin
efivunta
. dm
osofeo!.Lott...
He en Starnes, Ex- icio Clerk p`�;•. 4* ... ... ...••;Gyc.
Commissioners' ourt 2; ' ;d~
Collin County, TEXAS
,V CA. f, c•�`.
••••......•• .
4
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77
` JAN221990
COLLIN
LINTY
Department of Public Works
Field Operations
January 17, 1990
Mr. Ron Homeyer, P.E.
City Engineer
City of Wylie
P.O. Box 428
Wylie, TX 75098
[Regarding cost estimate to upgrade CR 1066 (Alanis Rd.)
to asphalt]
Dear Mr. Homeyer:
The cost estimate to upgrade Alanis Rd. to asphalt reflects
a total material cost of $39,482.00.
The City's portion of the materials cost would be
$18,040.00. Several other cost to be borne by the city
would be relocation of any water service line, meters,
valves and supplying water for setting up the base.
It should be noted that if your city council, after
reviewing the cost, decides that they do want the road
upgraded, then we would need a letter from you requesting
the upgrade.
It would then be presented to Commissioners' Court for their
formal approval.
If this road was presented and approved for upgrade it
should be noted that the actual upgrade would not be done
until FY91 (after October 1, 1990) as our present
construction schedule is full.
McKinney, Texas 75069 • (214)548.3700 • 231.7170 ext. 3700(Metro)
If you have any additional questions please give me a call.
Respectfully,
#04. 4111 )44417Z414,
Richard S. Boston, P.E.
Assistant Director of Public Works
Field Operations
xc: Clarence Daugherty
Commissioner Hoagland
Ruben Delgado
MEMORANDUM
DATE: January 21 , 1991
TO: Mayor and City Council
FROM: Bill Dashner , City Manager 0.
RE: Discuss and Consider Claim From Pate and
Pate on Phase II Sewer Line Construction
Work
Pate and Pate has submitted a claim in the amount
of $31,972.22 for this project which is 95%
complete. The City is holding 5% retainage. The
original contract price was $914 ,653 .32 . To this
date the City has paid $819 ,761 .90 . The
Consulting Engineer, the City Field Inspector and
the Director of Planning and Engineering have
reviewed the claim. There is one small area to be
cleaned up. When that is done the City Staff will
be making a recommendation for final acceptance
and final payment .
Attachment: Claim and Supporting Documentation
MEMORANDUM
TO: Bill Dashner, City Manager
FROM: Paul D. Beaver, Director of Planning & Engineering ?
DATE: January 18, 1991
RE: Pay Estimate No. 7
Pate & Pate Enterprises
Phase II
Attached is estimate No. 7 from Pate & Pate Enterprises in
the amount of $31, 972. 22 for your review and approval . The
project is 95% complete with a 5% retainage being held. The
Phase II original contract plus change order No. 1 is
$914, 653. 32 of which $819, 761. 90 has been paid to date.
The Consulting Engineer, the city field inspector and
myself have reviewed and approved this estimate.
The only significant portion of work to be completed is the
block sodding around Maxwell Creek Lake, plus minor cleanup.
97
SHIMEK, JACOBS & FINKLEA
CONSULTING ENGINEERS
8333 Douglas Avenue, #820 Dallas,Texas 75225 (214) 361-7900
ROSS L.JACOBS,P.E.
I.C.FINKLEA'P.E. January 15, 1991
JAMES E.LAUGHLIN,P.E.
RONALD V.CONWAY,P.E.
JOHN W.BIRKHOFF,P.E.
MATT ARMSTRONG,P.E.
JOE R.CARTER,P.E.
GARY C.HENDRICKS,P.E.
C.L.SHIMEK,P.E.
Mr. Paul Beaver, P.E.
Director of Planning and Engineering
City of Wylie
Post Office Box 428
Wylie, Texas 75098
Re: Sanitary Sewer Improvements - Phase II
Pay Request No. 7 (Pate & Pate Enterprises)
Dear Mr. Beaver:
We are enclosing three (3) copies of Pay Request No. 7 by Pate & Pate Enterprises,
Inc. , for work completed on the Sanitary Sewer Improvements - Phase II project.
We have verified the project is approximately 95% complete. The only significant
portion of work to be completed is the block sodding around Maxwell Creek Lake.
If you concur with this estimate, please forward one (1) signed copy of it along
with payment due to Pate & Pate Enterprises, Inc.
Sincerel yours,
Joe R. Carter, P.E.
Enclosures
cc: Pate & Pate Enterprises, Inc.
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CONSTRUCTION ESTIMATE
)WNER: City of Wylie, Texas ESTIMATE NO: 7 PAGE: 1
PROJECT: Sanitary Sewer Improvements - Phase II CONTRACT DATE: January 23, 1990
ORIGINAL
CONTRACT AMOUNT: $ 905,513.98
REVISED
?ROM: March 1, 1990 TO: December 14, 1990 CONTRACT AMOUNT: $ 914,653.32
:ONTRACTOR: Pate & Pate Enterprises, Inc. CONSTRUCTION TIME: Calendar Days
ADDRESS: 1432 Brazos Drive, Suite D
Huntsville, Texas 77340 ALLOTTED: 273 USED:
hir**t,k***********t**,t**,k************vt**n ******nt*t************inv k *et**************A&
item ..< Description > Unit Quantity in Total Work Contract Extended
Proposal Completed Price Amount
SECTION I
1 18" SS w/Type II Embed. , 0'-12' L.F. 1,704 1,704 21.64 36,874.56
2 18" SS w/Type II Embed. , 12'-16' L.F. 275 275 22.79 6,267.25
3 18" SS w/Type II Embed. , 16'-20' L.F. 650 649 25.33 16,439.17
4 18" SS w/Type II Embed. over 20' L.F. 740 743 35.17 26,131.31
5 18" SS w/Conc. Encase, over 20' L.F. 160 160 57.97 9,275.20
r 6 15" SS w/Type II Embed. , 0'-12' L.F. 4,591 4,641 19.49 90,453.09
7 15" SS w/Conc. Encas. , 0'-12' L.F. 190 190 35.67 6,777.30
r 8 15" SS w/Type II Embed. 12'-16' L.F. 565 590 22.79 13,446.10
r 9 15" SS w/Type II Embed, over 16' L.F. 560 485 24.35 11,809.75
10 .15" SS by other than Open Cut L.F. 50 50 96.25 4,812.50
111 15" SS in 24" Encase. Pipe L.F. 405 100 175.95 17,595.00
'12 12" SS w/Type II Embed. , 0'-12' L.F. 724 696 16.36 11,386.56
13 12" SS w/Type II Embed. , 12'-16' L.F. 938 952 17.51 16,669.52
14 12" SS in 20" Encase. Pipe L.F. 0 0 123.10 0.00
15 10" SS w/Type II Embed. , 0'-12' L.F. 968 1,246 18.06 22,502.76
' (Change Order No. 1)
CONSTRUCTION ESTIMATE
OWNER: City of Wylie, Texas ESTIMATE NO: 7 PAGE: 2
PROJECT: Sanitary Sewer Improvements - Phase II CONTRACT DATE: January 23, 1990
ORIGINAL
CONTRACT AMOUNT: $ 905,513.98
REVISED
FROM: March 1, 1990 TO: December 14, 1990 CONTRACT AMOUNT: $ 914,653.32
CONTRACTOR: Pate & Pate Enterprises, Inc. CONSTRUCTION TIME: Calendar Days
ADDRESS: 1432 Brazos Drive, Suite D
Huntsville, Texas 77340 ALLOTTED: 273 USED:
*********mot*mot*********eat* ***************************,tit********* * ********* ***s * t*
Iteat, < Description > Unit Quantity in Total Work Contract Extended
Proposal Completed Price Amount
t*********************************************************************************************
*16 10" SS w/Type II Embed. , 12'-16' L.F. 1,752 1,388 19.61 27,218.68
*17 10" SS in 18" Encase. Pipe L.F. 100 152 124.00 18,848.00
*18 8" SS w/Type II Embed. , O'-12' L.F. 926 887 19.15 16,986.05
19 8" SS w/Type II Embed. , Over 16' L.F. 22 39 40.00 1,560.00
*20 8" SS w/Conc. Encase. , 0'-12' L.F. 40 65 27.70 1,800.50
*21 8" SS other than Open Cut L.F. 0 0 73.33 0.00
*22 8" SS in 16" Encase. Pipe L.F. 0 0 111.88 0.00
*23 5.0' Dia. Std. Manhole, 0'-12' Ea. 8 9 2,219.00 19,971.00
24 5.0' Dia. Type "S" Manhole 0'-12' Ea. 17 17 2,273.00 38,641.00
*25 5.0' Dia. Std Drop Manhole 0'-12' Ea. 2 1 2,726.00 2,726.00
*26 • 5.0' Dia Type "S" Drop MH 0'-12' Ea. 1 2 2,831.00 5,662.00
*27 - 4.0' Dia. Std. Manhole, O'-12' Ea. 7 9 1,699.00 15,291.00
*28 4.0' Dia Std. Drop MH, 0'-12' Ea. 2 1 2,073.00 2,073.00
*29 5.0' Dia. Extra Depth Manhole V.F. 74 72.75 99.75 7,256.81
*30 4.0' Dia. Extra Depth Manhole V.F. 16 24 57.95 1,390.80
* (Change Order No. 1)
fa
DD
CONSTRUCTION ESTIMATE
OWNER: City of Wylie. Texas ESTIMATE NO: 7 PAGE: 3
PROJECT: Sanitary Sewer Improvements - Phase II CONTRACT DATE: January 23, 1990
ORIGINAL
CONTRACT AMOUNT: $ 905,513.98
REVISED
FROM: March 1, 1990 TO: December 14, 1990 CONTRACT AMOUNT: $ 914,653.32
CONTRACTOR: Pate & Pate Enterprises, Inc. CONSTRUCTION TIME: Calendar Days
ADDRESS: 1432 Brazos Drive, Suite D
Huntsville, Texas 77340 ALLOTTED: 273 USED:
********,t rekAnt************Ihk***F9*****************************Inhk t*******J*****
Ite.,sd < Description > Unit Quantity in Total Work Contract Extended
Proposal Completed Price Amount
**********************************************************************************************
31 Connect to Existing Manhole Ea. 8 8 260.00 2,080.00
32 Drop Connection to Exist Manhole Ea. 1 1 839.00 839.00
33 Locate & Remove Pvmt over Manhole
Raise Manhole Ring & Cover to
Match Grade, & Repair Pavement Ea. 2 2 685.00 1,370.00
34 Cement Stabilized Backfill C.Y. 90 90 18.24 1,641.60
35 Extra Crushed Stone Backfill C.Y. 75 -- 17.31 0.00
36 Extra Class "C" Concrete C.Y. 30 -- 47.88 0.00
37 Block Sodding L.F. 2,195 -- 6.84 0.00
38 Saw Cut L.F. 10 10 3.71 37.10
39 Remove & Replace Concrete Pvmt. L.F. 10 10 35.00 350.00
40 • Remove & Replace Rock Rd or Dr. L.F. 1,230 1,230 8.48 10,430.40
41 b Extra Serv. Connect for 10" SS Ea. 2 -- 200.00 0.00
42 Extra Serv. Connect, for 8" SS Ea. 2 -- 100.00 0.00
43 Trench Safety Plan & System L.S. 1 1 1,000.00 1,000.00
/0/
CONSTRUCTION ESTIMATE
OWNER: City of Wylie, Texas ESTIMATE NO: 7 PAGE: 4
PROJECT: Sanitary Sewer Improvements - Phase II CONTRACT DATE: January 23, 1990
ORIGINAL
CONTRACT AMOUNT: $ 905,513.98
REVISED
FROM: March 1, 1990 TO: December 14, 1990 CONTRACT AMOUNT: $ 914,653.32
CONTRACTOR: Pate & Pate Enterprises, Inc. CONSTRUCTION TIME: Calendar Days
ADDRESS: 1432 Brazos Drive, Suite D
Huntsville, Texas 77340 ALLOTTED: 273 USED:
******** ******* r*** t ,t t*************************** t***********,t** t
Item < Description > Unit Quantity in Total Work Contract Extended
Proposal Completed Price Amount
**********************************************************************************************
CHANGE ORDER NO. 1
*11A 15" SS in 24" Encasement L.F. 305 305 184.13 56,159.65
*14A 12" SS in 20" Encasement L.F. 100 100 128.48 12,848.00
*22A 10" SS in 16" Encasement L.F. 50 50 113.38 5,669.00
*44 4.0' Dia. Type "S" Manhole Ea. 1 1 1,848.00 1,848.00
*45 4" SS Service Connect (Under 6') Ea. 1 1 242.00 242.00
*46 4" SS Service Connect (Over 6') Ea. 12 7 404.00 2,828.00
*47 4" PVC Sanitary Sewer Service L.F. 61 44 9.56 420.64
SUBTOTAL: SECTION I 547,628.30
SECTION II
1 15" SS w/Type II Embed. , 0'-12' L.F. 4,571 4,558 17.46 79,582.68
2 - 15" SS w/Conc. Encase. , 0'-12' L.F. 210 210 32.41 6,806.10
3 15" SS w/Type II Embed. , 12'-16' L.F. 457 470 19.61 9,216.70
4 8" SS w/Type II Embed. , 0'-12' L.F. 560 560 19.33 10,824.80
5 8" SS w/Type II Embed. , 12'-16' L.F. 343 343 23.76 8,149.68
* (Change Order No. 1)
0 �
CONSTRUCTION ESTIMATE
OWNER: City of Wylie, Texas ESTIMATE NO: 7 PAGE: 5
PROJECT: Sanitary Sewer Improvements - Phase II CONTRACT DATE: January 23, 1990
ORIGINAL
CONTRACT AMOUNT: $ 905,513.98
REVISED
FROM: March 1, 1990 TO: December 14, 1990 CONTRACT AMOUNT: $ 914,653.32
CONTRACTOR: Pate & Pate Enterprises, Inc. CONSTRUCTION TIME: Calendar Days
ADDRESS: 1432 Brazos Drive, Suite D
Huntsville, Texas 77340 ALLOTTED: 273 USED:
********************************************** ***********************e t t t* *
Item < Description > Unit Quantity in Total Work Contract Extended
Proposal Completed Price Amount
******************************************************************************* ****
6 8" SS w/Type II Embed. , 16'-20' L.F. 779 779 33.50 26,096.50
7 8" SS other than Open Cut L.F. 82 82 84.33 6,915.06
8 12" Force Main w/Type I Embed. L.F. 2,777 2,787 19.12 53,287.44
9 12" Force Main other than
Open Cut L.F. 180 180 79.12 14,241.60
10 5.0' Dia. Std. Manhole 0'-12' Ea. 1 1 2,291.00 2,291.00
11 5.0' Dia. Type "S" MH 0'-12' Ea. 6 6 2,331.00 13,986.00
12 4.0' Dia. Std. MH O'-12' Ea. 4 4 1,848.00 7,392.00
13 4.0' Dia. Type "S" MH 0'-12' Ea. 2 2 1,848.00 3,696.00
*14 5.0' Dia. Extra Depth Manhole V.F. 3 7.5 99.75 748.13
15 4.0' Dia. Extra Depth Manhole V.F. 4 4 57.75 231.00
16 Connect to Existing Manhole Ea. 5 4 349.00 1,396.00
17` Sanitary Sewer Cleanout Ea. 1 1 264.00 264.00
18 Cement Stabilized Backfill C.Y. 75 75 18.24 1,368.00
*19 Extra Crushed Stone Backfill C.Y. 25 33 17.31 571.23
20 Extra Class "C" Concrete C.Y. 20 -- 47.88 0:00
* (Change Order No. 1)
/03
CONSTRUCTION ESTIMATE
OWNER: City of Wylie, Texas ESTIMATE NO: 7 PAGE: 6
PROJECT: Sanitary Sewer Improvements - Phase II CONTRACT DATE: January 23, 1990
ORIGINAL
CONTRACT AMOUNT: $ 905,513.98
REVISED
FROM: March 1, 1990 TO: December 14, 1990 CONTRACT AMOUNT: $ 914,653.32
CONTRACTOR: Pate & Pate Enterprises, Inc. CONSTRUCTION TIME: Calendar Days
ADDRESS: 1432 Brazos Drive, Suite D
Huntsville, Texas 77340 ALLOTTED: 273 USED:
******** *Ot t************, ***********-in *** a ***
Item < Description > Unit Quantity in Total Work Contract Extended
Proposal Completed Price Amount
************************************************************ ********************
21 Saw Cut L.F. 205 205 3.50 717.50
22 Remove & Replace Concrete Pvmt. L.F. 205 205 18.81 3,856.05
23 Remove & Replace Asphalt Drive L.F. 90 90 12.96 1,166.40
24 Remove & Replace Rock Rd. or Dr. L.F. 450 450 8.48 3,816.00
25 Twin Lakes Lift Station L.S. 1 1 91,000.00 91,000.00
26 Extra Serv. Connect. for 10" SS Ea. 2 -- 200.00 0.00
27 Extra Serv. Connect. for 8" SS Ea. 2 -- 100.00 0.00
28 Trench Safety Plan & System L.S. 1 1 1,000.00 1,000.00
CHANGE ORDER NO. 1
*25A Twin Lakes Lift Sta. Modif. L.S. 1 1 314.06 314.06
SUBTOTAL: SECTION II 348,933.93
* (Change Order No. 1)
Prepared and Submitted by:
SHIMEK, JACOBS & FINKLE& Total Amount
$ 896,562.23
Consulting gineers, Dallas, Texas
. 6,C6--- Less Amount Retained (5%) $ 44,828.11
By
Total Amount Payable $ 851,734.12
Date January 11 , 19, 91
Approv for Owner Less Previous Payments $ 819,761.90
By a wsL Li'. (S,G,,.,..v
Amount Due This Estimate $ 31,972.22
Date 1 ) 2 0 , 19 I/
•
/01
MEMORANDUM
DATE: February 5, 1991
TO: City Council
FROM: Bill Dashner , City Manage 6
J
RE: Discuss and Consider P yment To Pate and
Pate Request No . 4 , Muddy Creek Interceptor
The bid contract was $749,000. Based on our
meeting of February 5 , 1991 with Gilbert Welch and
Pate and Pate, I feel that the City has made every
reasonable effort to resolve Mr . Welch' s claim
with Pate and Pate for 1/2 acre restoration of his
pasture plus incidentals. At this time Pate &
Pate has posted a $10,000 surety bond related to
this claim. I have this Bond on file.
Therefore, per Section H-29 of the General
Contract documents , I recommend processing Pay
Request No. 4 in the amount of $28 , 823 .33 but to
retain $35,217 .10 which is five percent (5%) of
the $704 ,342 . 18 total work to date. The
$35 ,217 .10 will more than cover the following
outstanding items ($20,410 Total) and meet our
legal obligation .
A) Gilbert Welch claim
(Items 1-4 , letter dated 11/27/90) $10 ,210 .00
(Still not Settled)
B) Seeding per contract $ 5 ,200 .00
RE: Executive Session
C) Remaining Nominal Cleanup
Estimate $ 5,000.00
$20,410.00
The Consulting Engineer agrees with this approach.
I feel the City must do this per the contract.
Attachment: Amended Claim
/ac
ESTIMATE FOR PAYMENT PATE i PATE ENTERPRISES INC.
Contract For: CITY OF WYLIE - SANITARY SEVER Final Page.
IMPROVEMENTS, MUDDY CREEK Estimate No: 4 Date: 12-06-90
INTERCEPTOR Estimate Period 10-01-90 to 11-30-90
Contract Dated : 01-23-90
Owner: CITY OF WYLIE Work Order Dated: 03-01-90
2000 HIGHWAY 78 N Contract Time : 210 CALENDAR DAYS
WYLIE, TEXAS 15098 Original Contract Total: ,145,374.25
Revised Contract Total:
Item ; Description ;Unit; ( Quantities > ; Unit Price ; Amount
Planned ; Prev. Est. ; This Est. : To Date ;
.._ TOTAL WORE TO DATE
704,342.18
PLUS MATERIAL ON HAND
0.00
TOTAL AMOUNT TO DATE 704,342.18
LESS 0.00% RETAINAGE
5,200:00
LESS PREVIOUS PAYMENTS 640,301.15
58,8 .43 151
TOTAL AMOUNT DUB THIS ESTIMATE
SUBMITTED BY: PATE i B BRP I S IIC. ; Pee ll}
- .44 .4 APPROVED BY:
I , I I I 441ar
(0 0
(,*
RECOMMENDED FOR APPROVAL:
HUNT
CONSULTORSENGINEERSASSOCIATES
DATE z L et
AP ROVED:
DATE 1 J 4_ I
/66
ESTIMATE FOR PAYMENT PATE t PATE ENTERPRISES INC.
Contract For: CITY OF WYLIE - SANITARY SEWER Page 1
IMPROVEMENTS, MUDDY CREEK Estimate No: 4 & Fi na 1 Date: 12-06-90
INTERCEPTOR Estimate Period 10-01-90 to 11-30-90
Contract Dated : 01-23-90
Owner: CITY OF WYLIE Work Order Dated: 03-01-90
2000 HOMY 78 N Contract Time : 270 CALENDAR DAYS
NYLIE, TEXAS 75098 Original Contract Total: ,745,374.25
Revised Contract Total:
Item ; Description ;Unit; < Quantities > ' Unit Price ' Amount
I I Planned ; Prev. Est. ; This Eat. ' To Date ; ;
001 36' CONCRETE PIPE, 20-22' LF 250. 125. 75.
200.00 ; 41.50 9,500.00
002 ; 36' CONCRETE PIPE, 18-20' LF 300. 267. 33. 300.00 43.06 12,918.00
003 ; 36' CONCRETE PIPE, 14-18' LF ; 1,800. 874. 126. 1,000,00 40.57 40,570.00
004 36' CONCRETE PIPE 10-14' LF ; 1,200, 1,828. -228. 1,600.00 39.37 62,992.00
005 ; 30' CONCRETE PIPE, 14-18' LF ; 1,850. 1,737. 63. ; 1,800.00 31.36 56,448.00
006 30' CONCRETE PIPE, 10-14' LF ; 875. 910. -110. 800.00 30:21 24,168.00
007 24' CONCRETE PIPE, 10-14' LF ! 2,050.
1,519. 21. 1,600.00 24.83 39,728.00
008 24' CONCRETE PIPE, 0-10' LF 1,200. 1,499. 1. 1,500.00 23.91 35,865.00
009 21' PVC ASYM F794 OR F679 LF 450, 197. 503. 700.00 30.93 21,651.00
20-22' INCL EXCAVATION CL. B-1
ENE, TESTING AND BACKFILL
010 21' PVC ASTN F794 OR F679 LF 350. 293. 7. 300.00 26.51 7,953.00
18-20' INCh EXCAVATION, CL B-1
BNB, TESTING i BACKFILL
011 21' PVC ASTN F794 OR F679 LF 1,500. 1,425. 75. 1,500.00 23.97 35,955.00
14-18' INCL EXCAVATION, CL B-I
EMB, TESTING a BACKFILL
•
•
/07 71f
ESTIMATE FOR PAYMENT PATE i PATE ENTERPRISES INC.
Contract For: CITY OF NYLIE - SANITARY SEVER Page 2
IMPROVEMENTS, MUDDY CREEK Estimate No: 4 Date: 12-06-90
INTERCEPTOR Estimate Period 10-01-90 to 11-30-90
Contract Dated : 01-23-90
Owner: CITY OF WYLIE Mork Order Dated: 03-01-90
2000 RIMY 78 N Contract Time : 270 CALENDAR DAYS
WYLIE, TEXAS 75098 Original Contract Total: ,145,374.25
Revised Contract Total:
Item ; Description 'Unit'
Quantities > ; Unit Price : Amount
Planned ; Prev. Est. ; This Est. ; To Date ; 1
012 21' PVC ASTM F794 OR F679 LP 2,900. 2,614. 186, 2,800.00 22.70 63,560.00
10-14' INCL EXCAVATION, CL 8-1
BNB, TESTING i BACKFILL
013 21' PVC ASTN F794 OR F679 LF 2,000. 2,088. -688. 1,400.00 21.90 30,660.00
0-10' INCL EXCAVATION, CL B-1
BNB, TESTING i BACKFILL
014 12' PVC ASTN D3034 SDR35 OR LF 500. 531. 269. 800.00 18.09 14,472.00
ASTM F789 10-14 INCLUDING
EXCAVATION, CL B-1 ERB,
TESTING & BACKFILL
015 12' PVC ASTN 08034 SDR35 OR LF 1,900. 1,715. -245. 1,470.00 17.04 25,048.80
ASTN F789 0-10', INCLUDING
EXCAVATION, CI, 11-1, TESTING
AND BACKFILL
016 8' PVC ASTN D3034 SDR35 OR LF 850. 795, 5, 800.00 15.06 12,048.00
ASTN F789 0-10', INCLUDING
CL 8-1 BNB, TESTING & BACKFILL
017 16' DIP CL50 0-14' INCLUDING LF 500. 466. 34. 500.00 35.33 17,665.00
EXCAVATION, CL B-I BNB,
TESTING i BACKFILL
018 5' DIAM MR 0-10' V/SEALED RA 20. 21. 1, 22.00 1,830.00 40,260.00
RING, COVERS & STUB OUT
019 4' DIAN NO 0-10' V/SEALED RING EA 10. 9. 9.00 1,139.00 10,251.00
COVERS i STUB OUT
020 4' DIAN NN 0-10' M/STD RING, EA 2. 3. -1. 2.00 1,038.00 2,076.00
COVERS & STUB OUT
021 4' DIAN MN 0-10' V/STD RING, BA 2. 3. 3.00 1,402.00 4,206.00
COVERS AND STUB OUT
022 4' DIAN NR 0-10 V/SEALED RING, BA 1. 1. 1.00 1,504,00 1,504.00
COVERS i STUB OUT
023 5' DIAN NB >10' VF 70, 53, 15. 68.00 99.75 6,783.00
024 4' DIAN NN AND 4' DIAN DROP VF 70. 40.5 24.5 65.00 52.50 3,412.50
N8 > 10'
•
/0 ? •
ESTIMATE FOR PAYMENT PATE i PATE ENTERPRISES INC.
Contract For: CITY OF WYLIE - SANITARY SEVER Page 3
IMPROVEMENTS, MUDDY CREEK Estimate No: 4 Date: 12-06-90
INTERCEPTOR Estimate Period 10-01-90 to 11-30-90
Contract Dated : 01-23-90
Owner: CITY OF WYLIE Work Order Dated: 03-01-90
2000 HIGHWAY 78 N Contract Tine : 270 CALENDAR DAYS
WYLIE, TEXAS 75098 Original Contract Total: ,115,374.25
Revised Contract Total: .
Item ; Description ;Unit; ( Quantities ) ; Unit Price : Amount
1 ' : To Date ; ;
' ; ; Planned ; Prev. Est. , This Bet.
' ,I
025 STAINLESS STEEL TURBINE NH ; EA 8. 7. : I. 8.00 ; 793.00 6,344.00
VENT V/6-5/8" OD GALY PIPE
026 BORE & STEEL ENCASE STATE NVYS LF 500. 440. 66. 506.00 ' 180.18 91,171.08
DRIVEWAYS l RAILROADS
027 CONCRETE F/PIPE ENCASEMENT CY 150. 138.4 11.6 150.00 60.00 9,000.00
AND PIERS INCh 2-NO. 5
VERTICAL BARS PER PIER
028 CONNECT TO EXISTING NH, STUB EA 3. 2. 1. 3.00 159.60 478.80
OUT OR LIFT STATION
029 CRT STAB BACKFILL IN TRENCH AT BA 5. 5, 5.00 2,450.00 12,250.00
CREEK CROSSINGS, INCLUDING
EXCAVATION, CM?, NIXING &
COMPACTING
030 REMOVE 2 EXISTING PUMPS i LS 1, 1. 1.00 2,579.00 2,579.00
APPURTENANCES IN EXISTING 4'
DIAM VET WELL
031 12" THICK CRUSHED LIMESTONE SY 100. 38, 62. 100.00 7.98 798.00
FLEXIBLE BASE
032 SHEETING, SHORING, BRACING OR LF 20,375. 18,943. 127. 19,070.00 .10 1,907.00
OTHER NAM F/CONSTRUCTION OF
SEVER PIPE IN TRENCHES 5'f
033 4" SS SVCS EXTENDING TO EDGE BA 10. 0.00 150.00 0.00
OF EASEMENT
034 BROADCAST SEEDING AC 4. 0.00 1,300.00 0.00
035 FURNISH & CONSTRUCT NH MARKERS BA 5. 2. 2.00 60.00 120.00
•
/07 .