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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 0' 0' rae , arxtts rottamatton it c=12.9 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. rr _ # 1* ,71 I , fin witness w4tttof LI Lave {wttunto set my '-`i. .'j,,,' ., Land at caused gels scat to to affixed. al ~ .'� ;,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 • ` STA 4024 29 /O7P 76 # /tf/49 i4/G4) Li nc 5 c Ta /c ris 4.60 4,114, 't!11 •tt{,•ti l}iiitiit. '?it%?i!ieiss.• ij;!?s•�nFi I s. •l ilt{i. .11r4 so, h ?:(i ii ? t{•;�} tiny({f�l``,41fi`4{t, i;111, So, �• 4 1 �11ii�:?V4�4t:}Ilii�,t1iii4, .�0, ..?s'jq'fiit�fiil -_ :::::. t {t3lla:a•1:,aE:• ...:,t':;iyf",. ^R/tu ,Lint 613 Ta Zacha c%t. • Ocscr•ipfion : An Qtca co/771oi n i n9 26,3/5 .59 treat {'cc/ rnor'c on /css 70 /5 c a/;/:z cd tor• r^oodam 4i/de/Wit Con s/tuC/ior) /our,poses 3 hocdn shaded. Nett) /irr/: fs of Or )n 57‘r'cct sI own bold. AT W YL/E 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 k1;;�' _ u • r t N. S• ,t •,,,, .c a A ,,,1 a la. M. s g d s N' 'r i?z? ; in o r---0. ..• I11'• .`! _ J2• �'".� . '. al .... NEEL N.9BT.'.!'' try� " jy Q A � •L 0t O 's' �^! 6.636/ •tee i a y 0 • _ • • • • 1 0 ' r w *• _•••• 'T• ''S'�• '�. C O T'T O t ‘ BELT•. �S'' --AVENUE'- .. . -h. �.. • : i E. ' Q ' a'. r • g• E r.• . a: . xi � • r aC i �`1 a a4 a `� ,N _ Al 4 01. 0.015 d1 �0 Z 11., ,:, y Zp'py �► C t c -! -..1 ;1 - - - ::C. _ 1 ;ol.. 0. . / •; ill: •.t • „.�.. , , a j N (�! .: . . • • . • • } . • t.. . •s: p e Pi. > .• . 0 • sn srr ,p . N . p • . .%'.r•.i •1'' . .. ., • : ... lailumwm.0 ,i 64 .31 • '''' A E*u . 4' • 4,...:t4,.. ; .;, 0• .ts6.94\P 6a. •60 Cat • so' • rN Y . • _.`a r• l'1�• . 'ies.; . . ,t'. re "'v! q • =; ; 1•, W. N u • l• '�' •.',', `( ' �• ii,. It, f r•�k• 7.tk 1� .1:-'�'.• !�I'yl,\ �►fi;.tit;w''4% ' I= .y•• y-, Wt., ^fit _.....)•_♦•,..• ,�" 44 A.r 4 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 nn 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 � //� r1 0� ^�i cli�'1.P /1 7'B. r� .f '' <'% (W& ,�,� 't S� Helen Starnes, Ex-Offitio Clef! ` -�= Commissioners' Court z o; ( 4trl Collin County, TEXAS 10"ti • `�; ♦c .� • , f.. . 1 . I, I . I 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 i! 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 ` � J • •.. _it,) r , • 8'i .. 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 • 8',4( 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 . • 86 . 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 - _ _ . . . _ .: ..,:.. , . • 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 i I ) I i • • • •1 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 . . • 0 1 • • • • • • • . g7 ., . . . . , . . , . • . . : ...,.. .... . 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 • 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 Mgtla 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. • • gi 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 .