The URL can be used to link to this page

09-26-1995 (City Council) Agenda Packet WRe City Council Mgetin8 September 26, 1995 AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex September 26, 1995 7:00 p.m. CALL TO ORDER INVOCATION - Rev. Mike Arrington PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Discuss and Consider Approval of Minutes -August 22, August 29 and September 12, 1995 2. Discuss and Consider Approval of Resolution Declaring the Week of September 25 - 30th, "Pirate Week" 3. Discuss and Consider Approval of Resolution Declaring the Week of October 9-14th, "Fire Prevention Week" DISCUSSION ITEM 4. Discuss and Hear Petitions for Voluntary Annexation by Patsy Flanagan, E. R. Donihoo, and William E. Campbell Jr. ACTION ITEM 5. Discuss and Consider Approval of a Resolution Calling for a Public Hearing to Initiate Annexation of Specific Property Along the FM 544 Corridor PUBLIC HEARING 6. Hold Public Hearing to Adopt the 1995-1996 Operating Budget ACTION ITEMS 7. Discuss and Consider Approval of the Resolution Adopting the 1995-1996 Operating Budget 8. Discuss and Consider Approval of Property Tax Ordinance 9. Discuss and Consider Approval of an Ordinance Granting a Franchise for Refuse Collection to Browning Ferris Industries 10. Discuss and Consider Approval of an Ordinance Adopting a Rate Schedule for Refuse Collection STAFF REPORTS CITIZEN PARTICIPATION ADJOURNMENT Posted on this the 22th day of September, 1995 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD 442-8170 MINUTES OF THE WYLIE CITY COUNCIL August 22, 1995 CALL TO ORDER Mayor Jim Swartz called the meeting to order with the following Councilmembers present: Reta Allen, John Mondy, Joel Scott, Steve Wright, J. C. Worley, and Cleo Adams. No Councilmembers were absent. RESOLUTION NO. 95-26 AUTHORIZING FUNDING PROCEDURE FOR PURCHASE OF COMMUNITY CENTER City Manager Mike Collins explained that this was a clean up procedure ratifying the method of funding for purchasing the Community Center. He stated that the purchase, renovation and operation of the community center is an allowable use of 4B Tax funds. At the time of the purchase option, insufficient 4B Sale Tax funds were available. A loan from the general fund to the 4B Sales Tax fund was made. The purchase price of the Old Post Office is $80,000. Roof repairs are needed and will total $15,000. A loan of $99,150 was obtained from the General Fund and transferred to the 4B Sales Tax Fund. The terms and conditions are 12 month, 6% interest, and payments will begin in April, 1995. A motion to approve was made by Wright and seconded by Adams. The motion was passed by unanimous vote. RECESS CITY COUNCIL Council recessed while the Parks and Recreation Facilities Development Corporation convened. APPROVAL OF RESOLUTION NO. 95-26 BY PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION Kerry Carothers called the meeting to order with the following board members present: Jerri Smith, Dan Chestnut, Jim Swartz, Steve Wright, John Mondy and Joel Scott. No board members were absent. The motion was made by Scott to approve a resolution authorizing the purchase of the community center with 4B Sales Tax Funds. Wright seconded the motion. The motion passed by unanimous vote. As there was no further business to come before the corporation for consideration, the meeting adjourned. PRESENTATION BY WYLIE BILCO INC. REGARDING PROPOSED PLANNED DEVELOPMENT ZONING ON A 630 ACRE TRACT OF LAND LOCATED AT FM-1378 AND FM-3412 Karen Porter of Carter Burgess Engineers and Planners presented a presentation before council regarding the proposed planned development to be known as Birmingham Park. She introduced John Wells and Skip Heineken of Wylie Bilco Inc. Collins noted that public hearings before the Planning and Zoning Board and City Council were scheduled for August 28th and September 19th, respectively. He stated that this was an informal presentation and the developer wanted an opportunity to present their concept plan before the formal public hearing process. Porter and Heineken answered questions from council regarding density and development standards. JOHN F. RYNTIES, 603 GRAHAM COURT, objected to 26 acres as Multi-Family. He also objected to small lots. Rynties stated that 118 acres of single family have major drainage problems in the Pointe North subdivision. DENNIS WILLIAMS, 299 W. BROWN, made a complaint about the traffic on Brown and he did not want additional traffic. He said he didn't want apartments because they attract crime. STEVE HARKINS, 118 PULLMAN PL., was not opposed to development but opposed density and multi-family adjacent to the school. He also had a street sign complaint. JEANIE MEARES, 404 TRUMAN, was not opposed to growth and welcomed positive development and parks. Her concern was short front yards, little or no rear yards, front entries. She also stated that since property will be sold to homebuilders, she wants apartments on FM-1378 not Brown. REBECCA SMITH, 504 W. OAK, stated she was a new Wylie resident and like the country atmosphere. She is concerned about the widening of FM-1378 and Brown. She also stated that the 1,100 sq. ft. homes were not acceptable and she wants a copy of the notices and development plan. DAN LeMONS, 1708 LINCOLN DRIVE, opposed small lots and he like the country atmosphere. Collins outlined development and zone change approval process including the master plan and details on the development plan process. APPROVAL OF MINUTES OF AUGUST 8 AND AUGUST 15, 1995 Wright made the motion to approve the minutes of August 8 and August 15, 1995 as written. Mondy seconded the motion. The motion passed by unanimous vote. APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY MANAGER Mondy made the motion to approve the employment agreement for the City Manager, with an amendment that the City Manager relocate to the City of Wylie within six months from August 22, 1995. Adams seconded the motion. The motion passed by unanimous vote. ORDINANCE NO. 95-19 ADOPTING AMENDMENTS TO THE 1994-1995 ANNUAL OPERATING BUDGET AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE BUDGET FOR THE FISCAL YEAR 1995 BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995, BY AMENDING ORDINANCE NO. 94-41, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Adams made the motion to adopt the amendments to the 1994-1995 Annual Operating Budget. Mondy seconded the motion. The motion passed unanimously. RESOLUTION NO. 95-25 ACCEPTING THE PROPOSED TAX RATE FOR THE 1995- 1996 FISCAL YEAR AND SCHEDULING A PUBLIC HEARING Snellgrove explained Sanden's effect on the effective tax rate which was lower than the existing tax rate. Scott made a motion to adopt the resolution to accept the proposed tax rate for the 1995-1996 fiscal year and schedule a public hearing. Adams seconded the motion. The motion passed unanimously. INTERLOCAL AGREEMENTS FOR DISPATCHING NEIGHBORING FIRE DEPARTMENTS Fire Chief Shan English stated the City would charge $20 per call based on annual number of calls dispatched as opposed to the per capita. A motion was made by Allen to approve the Interlocal agreements for dispatching to neighboring fire departments. Wright seconded motion and was passed unanimously. STAFF REPORTS Collins assured Council that the staff is prepared to review the Birmingham Park proposed concept plan very carefully. Collins also stated that the City Secretary's resignation is effective September 1, 1995. Greg MacLean, consulting engineer with Hogan Corporation, updated Council on the water tower and the need to select a logo for the water tower. He also updated the status of Cooper and Regency. He has met with County on FM-544/FM-1378 development alignments and submittals. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. Mayor Jim Swartz Susan Shuler MINUTES OF THE WYLIE CITY COUNCIL August 29, 1995 CALL TO ORDER Mayor Jim Swartz called the meeting to order with the following Councilmembers present: John Mondy, Joel Scott, J. C. Worley, and Cleo Adams. Steve Wright arrived late and Reta Allen was absent. BUDGET WORKSHOP Mike Collins, City Manager and Brady Snellgrove, Finance Director, gave an overview of the proposed 1995-1996 Operating Budget. Revenues and projected expenditures were discussed. 4% was calculated into the budget for raises, but merit raises available at 0-6%. Collins announced that Susan Shuler would fill the City Secretary vacancy. A part-time clerk for the fire department was replaced with a full time clerk/receptionist position for the City Secretary and Fire Chief. Funds for new Christmas decorations were added to the budget. ORGANIZATION STAFF Collins discussed changes in the organization. Municipal court will be consolidated with utility billing for two reasons (1) central cash flow with checks and balances, and (2) uses staff more effectively. Court clerks and utility billing clerks will be crossed trained. The current court area will be made into office space for the fire chief and receptionist. The moving of walls will be estimated at $1,700. A new library director has been hired and will start employment September 11, 1995. ADJOURNMENT As there was no further business, the meeting was adjourned. Mayor Jim Swartz Susan Shuler, City Secretary MINUTES OF THE WYLIE CITY COUNCIL September 12, 1995 CALL TO ORDER Mayor Jim Swartz called the meeting to order with the following Councilmembers present: Reta Allen, Joel Scott, J. C. Worley, Steve Wright and Cleo Adams. John Mondy was absent. RESOLUTION NO. 95-27 AUTHORIZING THE REQUESTS OF THE KEEP WYLIE BEAUTIFUL BOARD TO HOLD A CHILI COOK-OFF, SEPTEMBER 30, 1995 Mike Collins, City Manager, stated that this was the second year for the Keep Wylie Beautiful Board to host the chili cook-off. The event will be held at Olde City Park and the proceeds will be used to provide improvements to the gazebo. A motion to approve was made by Adams and seconded by Allen. The motion was passed by unanimous vote. BIDS AWARDED FOR REGENCY AND COOPER RECONSTRUCTION PROJECTS Greg MacLean, consulting engineer with Hogan Corporation, introduced Larry Fuson, Project Manager for the Hogan Corporation, reported that the low base bid for Cooper Drive was submitted by BCI Utility Construction Company, Incorporated in the amount of $233,410. The low base bid for Regency was $229,102.60, submitted by Morrow Construction Company. Several alternative bid items were included in each bid form to provide flexibility. Alternative low bid for Cooper Drive was BCI for a total amount of$235,840 and for Regency Drive, alternate bid for items Al, A4, A5,and A7 to Morrow for a total of $249,253. Fuson stated that Cooper would take 150 calendar days to complete and 120 calendar days to complete the Regency Drive project. A motion was made to award the bids to BCI for Cooper Drive and Morrow for Regency Drive by Wright and seconded by Worley. The motion was passed by unanimous vote. SENIOR CITIZENS APPOINTED TO ADVISORY COMMITTEE Collins explained that a resolution was approved at the August 8, 1995 meeting to select a Senior Citizsen Advisory Committee. The following names were nominated to the committee: Jerri and Roger Smith, Bart Peddicord, Raymond Cooper, Pauline Akin, Sue Jones, Cleo Adams, Reta Allen, Margie Craft, Nell Cardwell, Sue Carlisle, Reta Smith, Geline Dodd, Jerri Whitt and Carey Gooch. A motion was made to appoint those that were nominated by Allen and seconded by Scott. The motion was passed by unanimous vote. APPOINTMENT TO ANIMAL SHELTER ADVISORY COMMITTEE Collins explained that there was a vacancy on the Animal Shelter Advisory Committee due to the departure of Building Official, Russell Wyman. It was recommended that the current Building Official, Mike Phillips, be named to this committee. A motion was made to appoint Phillips to th advisory committee by Scott and seconded by Adams. The motion was passed by unanimous vote. REPLAT FOR LOT 8 & 9, LAKE RANCH ADDITION The minor replat of Lot 8 and Lot 9 of the Lake Ranch Estates would allow the property owner to build on a bigger lot. A motion to approve was made by Allen and seconded by Adams. The motion was passed by unanimous vote. PRESENTATION BY BROWNING FERRIS INDUSTRIES (BFI) REGARDING REFUSE SERVICE Randi Smith, representing BFI gave a report on public notififcation of polycarts, delivery of polycarts, and concerns of citizens. Residents on Willow Way have a problem with trash delivery in the front due to the trucks not being able to move in the alley. Collins stated that the city staff and BFI will work together to solve this problem. Smith stated that for Sr. Citizens or physicalled challenged residents, BFI will place a handicapped sticker on the cart and BFI will pick up at the citizens door. Also in attendance for BFI was Charles Tyler and John Love. ORDINANCE NO. 95-20 ADOPTING AMENDING A SPECIFIC USE PERMIT ISSUED TO DOYLE SPURGIN AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE AS HERETOFORE AMENDED AND AMENDING ORDINANCE 93-57 SO AS TO GRANT A SPECIFIC USE PERMIT FOR AN AUCTION HOUSE AS HEREIN DEFINED ON A TRACT OF LAND DESCRIBED AS LOT 18, BLOCK 18, RAILROAD ADDITION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Allen made the motion to approve amending the specific use permit for an auction house, and Adams seconded the motion. The motion passed unanimously. ORDINANCE NO. 95-21 ZONE CHANGE FROM "A" AGRICULTURAL TO "I" INDUSTRIAL FOR TOMI K. SILSBEE AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF A 2.387 ACRE TRACT OF LAND IN THE L.K. PEGUES SURVEY, ABSTRACT NO. 703, TRACT 2, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 343 HOOPER ROAD BEING ON THE EAST SIDE OF HOOPER ROAD AND SOUTH OF HOOPER BUSINESS PARK, FROM "A" AGRICULTURE TO "I" INDUSTRIAL; AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13); AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN 1EFFEFCTIVE DATE. Adams made the motion to pass the ordinance and Worley seconded. The motion was passed unanimously. PUBLIC HEARING TO HEAR PUBLIC COMMENT ON PROPOSED TAX RATE AND FY 1995-96 ANNUAL OPERATING BUDGET A public hearing was held to hear comments from the public concerning the proposed tax rate and the annual operating budget. After no comment from the citizens, Swartz closed the public hearing. STAFF REPORTS Collins announced that Shan English, Fire Chief, received word that Freightliners, had placed the wrong chaise on the Quint. English advised that the truck would not be available for TML. English also advised that a representative from Freightliners would be present for any questions from Council at the September 26, 1995 Council Meeting. ADJOURNMENT As there was no further business to come before Council for cdnsideration, the meeting was adjourned. Mayor Jim Swartz •:ii::.:,.......,...1,-•,..:„.._•:_,_,.,.,.,.,.,.,..,.:.-,:,-.,:zi-....:iii:i.i.i.....:. .. iiiiii..... ... :,:iiiiimo...::-::Acitir••••• .......tpo •••••••••••••••••K::::•••••••••••••:::i•li;•••;•:: :00.•:.••••:••M•••••••••••'••••=n: • •••••:•••••:•••:•-•gi•••..•••••:••••••:•••••••••••••••• ••••••.. ;::;•:.••••:::::•:•:•:: : :::::::::.?..ii:•••• ••.•: :•••i:•••:•:::•••••,4•-•,:iff,...,••••. ...,-tiniket..26ii..........12954.:.1:.:zg-m............i...!,Fg.ii:••••.;-:.•:-: tiii. -...,..•:-...::::-..k.:::::-.1-...,..:::::::::::...!!.FIArg•...:: n .::.•:.. .:. .: . ..:.: l&tlOOtl r1n: .::.: er::: 4 ° 99 : :WQe ISSUE The week of September 25th is the week of Homecoming. The Wylie I.S.D. has requested the City of Wylie to declare this week"Wylie Pirate Week" with a resolution which sets out some of the Homecoming activities. STAFF RECOMMENDATION Staff is recommending approval of the resolution. The Consent Agenda can be approved with a single motion. ATTACHMENT Resolution declaring the week of September 25th as Wylie Pirate Week eekm4 (..\(.1.),.titai repared By City Manager Approval RESOLUTION NO. 95- A RESOLUTION OF THE CITY OF WYLIE, TEXAS DECLARING THE WEEK OF SEPTEMBER 25, 1995 AS WYLIE PIRATE WEEK WHEREAS,the Wylie Homecoming Week has been established by the Wylie I.S.D. as the week of September 25, 1995, and WHEREAS, the City of Wylie supports the Wylie I.S.D.'s youth and teen programs, and WHEREAS,the Homecoming dance on September 30th and the Bonfire on September 25th are sure to encourage school spirit as well as community spirit. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wylie, Texas that the week of September 25, 1995 is hereby declared: WYLIE PIRATE WEEK and all adults and students are encourage to have a fun and safe Homecoming! DULY PASSED AND APPROVED on this the 26th day of September, 1995. James D. Swartz, Mayor Susan Shuler, City Secretary 1.1111-1i111111:111-111-11-11111:1,111,11•111-11-11-11-11-1111111111111111111iiiimsw.. ::: :e alp..: .tulle Wyk of. ober 9-' ,:1�99 .:fi rr Week ISSUE The week of October 9th is Fire Prevention Week nationwide and the Wylie Fire Department has every year also developed fire safety and prevention activities during this annual event. The resolution before you will establish Fire Prevention Week in Wylie. BACKGROUND The Fire Department has scheduled many events during Fire Prevention Week including a poster contest in the fourth and fifth grades to be judged by city officials. The first, second and third place winners from each grade will be featured on the Channel 5 morning news during the week of October 9-13, 1995. Fire prevention will be taught in the schools that week as well. Kindergarten and first grade will tour a fire engine, receive fire prevention literature, see Sparky, watch a puppet show, see a firefighter in bunker gear, learn about 911 and see a video. Second grade will learn how to get out of a burning building, receive coloring books, see a video, learn about the 911 system, see Sparky, and learn stop, drop and roll. Third grade will see a video, watch a puppet show, see Sparky, learn the 911 system, and receive coloring books. The fourth and fifth grade will see a video, tour a fire engine, see a fire fighter in bunker gear, learn stop, drop, and roll, and learn about the 911 system. Preschoolers will be visited by a fire engine and encouraged to recognize firefighters as well as learn basic rules for surviving in a fire. The entire month of October will include home inspections, upon request, to help occupants identify dangers in the home. Fire station tours are being offered and an "Open House" is scheduled for October 14th for kids and adults to get a closer look at the fire equipment and enjoy refreshments with the Fire Department personnel. STAFF RECOMMENDATION Staff is recommending approval of the resolution. The Consent Agenda can be approved with a single motion. ATTACHMENT Resolution declaring the week of October 9th as Fire Prevention Week :tAlt repared By City Manager Approval RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING THE WEEK OF OCTOBER 9, 1995, AS NATIONAL FIRE PREVENTION WEEK IN WYLIE, ENCOURAGING THE COMMUNITY TO PARTICIPATE IN FIRE PREVENTION ACTIVITIES AND ENDORSING THE FIRE PREVENTION ACTIVITIES TAKING PLACE WHEREAS,National Fire Prevention Week is the week of October 9, 1995, and the City of Wylie recognizes the need for fire safety and prevention training in the community, and WHEREAS,Fire Departments nationwide are providing and promoting fire prevention and fire safety activities, and WHEREAS,the Wylie Fire Department will be providing fire safety and prevention training in all grade levels as well as in the community during the week of October 9th, and WHEREAS, some of these activities will include a poster contest, literature distribution, home inspection,fire escape &rescue demonstrations, an Open House at the Wylie Fire Station, and a fire safety and prevention video presentation, and WHEREAS, the Wylie City Council does support and endorse these activities NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, THAT: SECTION 1. The week of October 9th is hereby declared Fire Prevention Week and the month of October is hereby declared: Fire Prevention and Safety Month SECTION 2. That all citizens and residents are hereby encouraged to participate in fire prevention and safety activities and awareness programs available during Fire Prevention Week. SECTION 3. That the City Council of the City of Wylie does hereby endorse and support all activities proposed for Fire Prevention Week. DULY PASSED AND APPROVED on this the 26th day of September, 1995. James D. Swartz, Mayor Susan Shuler, City Secretary -----___________________Iipirir 0201: , ...:,i,m1c:Iiiiiiioil „,,,:,_,,,,„„:„.:,„<„.,,:,_,,,_,:,„.,„.:, ,„....,.,„...v.v..._.v.............. a sodagmEo r s .. :::.;:. .::::.: .:: : . . :. .:..::. ... ISSUE City Council will hear petitions to voluntarily annex property North of McMillien and East of McCreary into the City of Wylie. BACKGROUND Mr. Jim Carson, representing William E. Campbell Jr., Patsy D. Flanagan, and E. R. Donihoo, delivered petitions to voluntarily annex five tracts of land into the City of Wylie to the City Secretary's office on September 6, 1995. Under Local Government Code 43.028, the petition must be heard after the 5th day but on or before the 30th day, after the date the petition is filed. Ms. Flanagan's property is located at the northeast intersection of McMillien and McCreary Road. Mr. Donihoo's property is North of Mrs. Flanagan's property and it fronts McCreary Road. Mr. Campbell has three tracts of land all located between McMillien Road and Parker Road, being East of McCreary. The tracts of land petitioning for annexation into the City of Wylie are currently in the ETJ of Parker and Wylie. A service plan has been established for this area. A service plan must include police protection, fire protection, solid waste collection, maintenance of water and waste water facilities, and maintenance of roads and streets, including road and street lighting. LEGAL CONSIDERATION Attached is a copy of the House Bill No. 2758 which amended Section 2. Subchapter C, Chapter 43, Local Government Code by adding Section 43.0561. Pursuant to the provisions of this section, the Petitioners represent that the tract is (a) more than forty (40) acres in size; (b) located entirely in a county with a population of more than 260,000 people; and (c) located in the extraterritorial jurisdiction (ETJ) of a general law municipality with a population of more than 1,000 but less than 2,500 people that provides water but not sewer services. Petitioners further represent that pursuant to Section 43.0561 that upon annexation by the City of Wylie, the tracts described are by statutory decree released from the extraterritorial jurisdiction of the adjacent general law municipality. FINANCIAL CONSIDERATION Attached is a table showing the possible financial expenditures that the city would incur. RECOMMENDATION Staff recommends action be taken on said petitions at the October 10, 1995 City Council meeting, granting acceptance of the annexation. ATTACHMENTS Petitions from Mrs. Flanagan, Mr. Campbell and Mr. Donihoo Copy of H. B. 2758, Amending Local Government Code Section 43.0561 Service Plan e/‘ t tic j(_?/tt.?'" Prepared By Community Dev. Approval City Manager Approval F.M. 25/4 PARKER ROAD • WILLIAM E.CAMPBELL,JR.— PARKER ROAD LTD.PARTNER- SHIP 4 0 RkeR I LIMITS 44.53 acs. C/TYv 4 m m 4 4 TRACT NO. 5 (PARKER CITY LIMITS<'//` • m r i •0 o rtn m al ED 4 WILLIAM E. CAMPBELL,JR.- WYLIE LTD. PARTNERSHIP 0 PARKER CITY LIMITS —7 207.452 acs. rn am 4 E. R. DONIHOC 80 acs. 4 TRACT NO. 2 TRACT NO. ABST.594 POST. 589 ABST.589 A BS 7, 589 n� F f. �Im V h PATSY D. FLANAGAN WILLIAM E.CAMPBELL,JR.— m McCREARY ROAD LTD.PARTNERSHIP 110 acs. 114.17 acs. FINANCIAL CONSIDERATIONS The following table shows the approximate projected costs (in today's dollars) of providing water and/or wastewater service to the properties being considered for annexation. The costs shown represent the cost to the City if the mains are funded entirely with City funds. It should be noted that in most cases, the cost of construction will be recouped when the properties being served are platted and developed, through impact fees, etc. These costs are projections only. Actual construction costs may vary in the future. 555 ACRES NORTH OF McMILLAN ROAD No. of Cost per Total ITEM Tracts Tract Cost Extend Muddy Creek Interceptor Sewer, approximately 7,000 feet to the north to serve five 5 $84,000 $420,000 tracts. Extend service westward, approximately 2,000 feet, from the proposed Muddy Creek Interceptor 1 $180,000 $180,000 Sewer to serve the Donihoo tract. Extend water mains from future 12-inch water main in McMillan Road northward through the 555 5 $108,000 $540,000 acres and eventually eastward across current Wylie ETJ to FM 1378 and connect to existing water main near Newport Harbour. - TOTAL $1,140,00C Following are two examples of how the service plan might be implemented showing how the financial considerations may be affected: Example No. 1: If the Parker Road LTD. tract in the 555 acres north of McMillan Road Annexation develops before the Wylie LTD. tract, the cost of the utility construction would be borne by Parker Road LTD., but only for the size of main required to serve that development. The cost of "oversizing" the main for future development of the Wylie LTD. tract and others would be paid for by the City (at the City's option). When the Wylie LTD. tract does finally plat and develop, impact fees would be assessed to cover the cost of oversizing the line. In this type of case, the City would have spend money up front out of convenience, only to recoup it later as development continues. Example No. 2: If the Swanson tract requires a sewer extension, and there is an existing residence or business, the City would be responsible for providing service. The only way the City would be able to recoup this money is if the property is someday subdivided and platted. At that time, impact fees would be used to offset the cost of the previous improvements. SERVICE PLAN for the 1995 - 555± Acres North of McMillan Road Annexations WATER AND WASTEWATER SERVICE The City of Wylie will need to extend the Muddy Creek Interceptor Sewer northward along Muddy Creek approximately 7,000 feet. The initial size will be 16-inch diameter, eventually dropping to 12- inches in diameter at some point depending on the final development plan for the service area. This interceptor sewer extension will provide sewer service to the Parker Road LTD., Wylie LTD., and McCreary Road LTD. tracts. Water service for the above mentioned tracts will require a 12-inch (minimum) water main from McMillan Road, northward through the tracts (final alignment will depend on development plans) to within 500 feet of the Parker Road LTD. tract (northernmost tract) and then eastward across land lying within Wylie's Extraterritorial Jurisdiction, to FM 1378 and then southward to the existing 8- inch water main near Newport Harbour, approximately 12,000 feet in all. The E.R. Donihoo tract will need to be served by a main extension from the proposed interceptor sewer extension. The sewer service could be extended westward from the proposed interceptor sewer across the southwest corner of the Wylie LTD. tract, approximately 2,000 feet. The Patsy Donihoo Flanigan tract can be served directly for both water and wastewater from existing facilities. POLICE AND FIRE PROTECTION The City will expand police and fire protection services as needed to meet changing requirements. MAINTENANCE OF WATER, SEWER, STREETS, ETC. The City will own and maintain all facilities constructed, dedicated, and accepted for public use. SOLID WASTE COLLECTION Provision of service to new customers is covered by the franchise agreement with the service provider. Service will be expanded as needed. H.B. No. 2758 AN ACT relating to the provision of municipal services in an annexed area. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 43.056(e) and (i), Local Government Code, are amended to read as follows: (e) A service plan may not: (1) require the creation of another political subdivision; (2) require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent . with Chapter 395 unless otherwise agreed to by the landowner; or (3) provide fewer services or lower levels of services in the area{{{:}}} {{{(A)}}} than were in existence in the area immediately preceding the date of the annexation{{{;}}} or {{{(B) than}}} [«<that>>] are otherwise available in other parts of the municipality with land uses and population densities similar to those reasonably contemplated or projected in the area. (i) A service plan is valid for 10 years. Renewal of the service plan is at the discretion of the municipality. {{{A person residing in an annexed area may enforce a service plan by applying for a writ of mandamus. If a court issues the writ, the municipality shall pay the person's costs and reasonable attorney's fees in bringing the action. A writ issued under this subsection must provide the municipality the option of disannexing the area within 30 days.}}} SECTION 2. Subchapter C, Chapter 43, Local Government Code, is amended by adding Section 43.0561 to read as follows: {{{Sec. 43.0561. RELEASE OF EXTRATERRITORIAL JURISDICTION BY GENERAL LAW MUNICIPALITY OVER CERTAIN TRACTS OF LAND. (a) This section applies only to a tract of property that is:}}} {{{(1) 40 or more acres in size;}}} {{{(2) located entirely in a county with a population of more than 260,000; and}}} {{{(3) located in the extraterritorial jurisdiction of a general law municipality with a population of more than 1,000 but less than 2,500 that provides water but not sewer services.}}} {{{(b) The owner of a tract of land to which this section applies that is adjacent to the corporate limits of another municipality may petition the governing body of that other municipality for annexation. On receipt of a petition, the municipality may annex the area if the municipality agrees to a service plan that provides both water and sewer services to the tract not later than 3-1/2 years after the date of the annexation. On annexation, the area is released from the extraterritorial jurisdiction of the municipality described by Subsection (a)(3) and becomes a part of the municipality agreeing to provide water and sewer services.}}} {{{(c) This section expires March 31, 1996, unless there is litigation pending at that time involving the validity of the annexation of a tract of land to which this section applies. If litigation is pending, this section remains in effect until a court enters a final judgment in the case.}}} SECTION 3. The change in law made by Section 1 of this Act applies only to annexations that are initiated on or after the effective date of this Act. The former law is continued in effect for annexations that were initiated prior to the effective date of this Act. SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. President of the Senate Speaker of the House I certify that H.B. No. 2758 was passed by the House on May 10, 1995, by the following vote: Yeas 137, Nays 0, 1 present, not voting; that the House refused to concur in Senate amendments to H.B. No. 2758 on May 26, 1995, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 2758 on May 28, 1995, by the following vote: Yeas 145, Nays 0, 1 present, not voting. Chief Clerk of the House I certify that H.B. No. 2758 was passed by the Senate, with amendments, on May 25, 1995, by the following vote: Yeas 31, Nays 0; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 2758 on May 29, 1995, by the following vote: Yeas 30, Nays 1. Secretary of the Senate APPROVED: Date Governor PETITION FOR ANNEXATION #41.0561 Petition TO: THE MAYOR AND GOVERNING' BODY OF THE CITY OF WYLIE, TEXAS: The undersigned petitioners hereby request and represent as follows: 1. Pgttiopers are the sole owners of record of tract of land described by metes and bounds on the attached Exhibit A" ", which is incorporated herein for all purposes. 2. The tract is not situated within the corporate limits of any munici- pality and is contiguous to the City of Wylie, Collin County, Texas. . 3. Pursuant to the provisions of Section 43.0561 of the Local Government Code, Petitioners represent that the tract is (a) more than forty (40) acres in size; (b) located entirely in a county with a population of more than 260,000' ' people; and (c) located in the extraterritorial jurisdiction of a general law. municipality with a population of more than 1,000 but less than 2,500 people that provides water but not sewer .services. • ;4. The Petitioners further represent that the property is adjacent to the corporate limits of the City of Wylie, Collin County, Texas, and the Peti- tioners do hereby request that the City of Wylie, Collin County, Texas, annex the area herein described and agree to q service plan to provide both water and sewer services to the tract herein described, not later than three and .one-half years after the date of annexation. 5. Petitioners further represent that pursuant to Section 43.0961 , upon annexation by the City of Wylie, Collin County, Texas, the tract described here- in is by statutory decree released from the extraterritorial jurisdiction of the adjacent general law municipality above described. 6. Petitioners request that such further action be taken as is appropriate under the circumstances. DATED this 3f day of //uy-4s 7-- , 1995. Respectfully submtted. ig 0-Yr...4.-4-e, • STATE OF TE COUNTY OFq�,; This instrument was acknowledged before me by C-74A.o0.4 Ic fl a. on the 3� day of ,¢k4�,S •�-- , 1995. n �`d� . { ^ Notar) Pnt ic, State ref TOM WHITE My Commission expires NoWyPublic,SWedTexas My Co m.Expires 8.23-96 • ' • a/f m ' r BEING a part of the Squire T. Lewis 320 acre Survey , Abstract No. 529, on the waters of Muddy Creek, in Collin County, Texas , and that part of said survey conveyed herein more particularly described as follows; to-wit: BEGINNING at the Southeast corner of said Squire T. Lewis Survey.; THENCE West 950.4 varas, as take , the original Southwest corner of Said survey; THENCE Nort.a with the West boundary line of said Lewis Survey a dis- tance of 475 .2 varas , a stake for corner; T'dENCE East 950. 4 varas to .. s take in the Last boundary line of said Squire T. Lewis Survey; TriENCE 'South 475.2 varas to the place of beginning, cont:iiniiw' 90 acres of land, and being the same tract of land, sold, conveyed and described in deed from L. L. Gant et al to W. J. dobbins , i rt t:ci November 25 , 1914, and recorded in Vol. 18.9, Pape 704, of the Deed dee,' !:: of Collin County, Texas; • • • • • • PETITION FOR ANNEXATION i43.0561 Petition TO: THE MAYOR AND GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: • The undersigned petitioners hereby request and represent as follows 1. P;etitioners are the sole owners of record of tract of land described by metes and bounds on the attached Exhibit "A", which is incorporated herein for all purposes. 2. The tract is not situated within the corporate limits of any munici- pality and is contiguous to the City of Wylie, Collin County, Texas. 3. Pursuant to the provisions of Section 43.0561 of the Local Government Code, Petitioners represent that the tract is (a) more than forty (40) acres in size; (b) located entirely in a county with a population of mare than 260,000 people; and (c) located in the extraterritorial jurisdiction of a general law municipality-with a population of more than 1,000 but less than 2,500 people that provides water but not sewer .services. 4. The Petitioners further represent that the property is adjacent to the corporate limits of the City of Wylie, Collin 'bounty, Texas, and the Peti- tioners do hereby request that the City of Wylie, Collin County, Texas, annex the area herein described and agree to a service plan to provide both water and sewer services to the tract herein described, not later than three' and one-half years after the date of annexation. 5. Petitioners further represent that pursuant to Section 43.0561, upon annexation by the City of Wylie, Collin County, Texas, the tract described here- in is by statutory decree released from the extraterritorial jurisdiction of the adjacent general law municipality above described. 6. Petitioners request that such further action be taken as is appropriate under the circumstances. DATED this, �� " day of O ,Q�. , ]995. Respectfully submitted. Alkdi 7*:116447,146...-1 STATE OF TEXAS COUNTY OF CQA„ Thi rument as acknowl dged before me by 'PO \ ., on the ".6 o y , 1995. 0 G (7,;(3A,&- Notar Public, State of Texas sm...�,.�. My,Commission expires 9 9g :'o'R•P_�e<.+ t ... 412TER �•a f� Nf ::�r '?;ii 25,1998 f S. the J . W. Mitchell BEING 110 acres of land, part of No. 539, Volume No. 7 , Abstractas Patent No. 586 , tracts , Survey , and described in two in Collin County, Texas , follows , to-wit: being FIRST TRACT: The North 3; of 110 acre tract, W. Mitchell 55 acres) N. W. corner of the J .• -. BEGINNING at the an elm 8 inches in diameter F. Survey, a stake from whic� East , 53 links ; marked X bears North 43.5 THENCE South 20 chains , a stake, the NW corner of the South one-half of saidi110 acre tract; of the THENCE East 2 cha ,chains , to the North line THENCE North 27 .50 Mitchell Survey; o the PLACE OF BEGINNING, THENCE West 27 •50 chains and the same tract and land wife, 501d containing 55 ibac ds no land, and from J . P. Stovall sold and described inTa D. Turner , dated October 30'Coun- Stovall to 5d Oct Collin Elizabeth95and Volume 136 , page 1905 recorded in ty Deed Records . bring SECOND TRACT: (South z of 110 acre tract , 55 acres) BEGINNING at the S.E. corner of said 110 acre tract of land; r I (b1'65,q‘ (q gill AA 0' TRACT NO. 5 #43.0561 Petition PETITION FOR ANNEXATION TO: THE MAYOR AND GOVERNING BODY OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: The undersigned petitioners hereby request and represent as follows: 1. Petitioners are the sole owners of record of a tract of land described by metes and bounds on the attached Exhibit "A", which is incorporated herein for all purposes. 2. The tract is not situated within the corporate limits of any municipality and is contiguous to the City of Wylie, Collin County, Texas. 3. Pursuant to the provisions of Section 43.0561 of the Local Government Code, Petitioners represent that the tract is (a) more than forty (40) acres in size; (b) located entirely in a county with a population of more than 260,000 people; and (c) located in the extraterritorial jurisdiction of a general law municipality with a population of more than 1,000 but less than 2,500 people that provides water but not sewer ervices. 4. The Petitioners further represent that the property is adjacent to the corporate limits of the City of Wylie, Collin County, Texas, and the Petitioners do hereby request that the City of Wylie, Collin County, Texas, annex the area herein described and agree to a service plan to provide both water and sewer services to the tract herein described, not later than three and one-half years after the date of annexation. 5. Petitioners further represent that pursuant to Section 43.0561 of the Local Government Code, upon annexation by the City of Wylie, Collin County, Texas, the tract described herein is by statutory decree released from the extraterritorial jurisdiction of the adjacent general law municipality above described. 6. Petitioners request that such further action be taken as is appropriate under the circumstances. DATED this S Z1 date of September, 1995. Respectfully submitted, Wm E. Campbell, Jr. - Parker Rd. Ltd. Partnership / ,.rs. /-e By: William Xampbell, Jr. , General Partner STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me by William E. Campbell, Jr. , General �Pa 'tner of William E. Campbell, Jr.- Parker Rd, Limited Partnership on the .S — day of September, 1995. q/�� d DORIS MOFFITT r Notary Public, t to of T as 1�, NOTARY PUBLIC My Commission expires _7797 �,/ STATE OF TEXAS nn__��''4' °,R,.PEr Com. Exp. 2-22-97 t 9/6f45 EXHIBIT "A" VOL 1337PAGe 102 DESCRIPTION 44.530 Acres SITUATED in Collin County, Texas, in the L.M. Marshall Survey, Abstract No. 594, being a resurvey of part of the 50 acres of land described in a deed from J.F. Stinson to Clara Edith Stinson, dated February 2, 1920, recorded in Volume 228, Page 340 of the Collin County Deed Records, being described by metes and bounds as follows: BEGINNING at an existing iron pin in a North-South fence at the Southeast corner of said 50 acre tract; said iron pin being in the East line of said Marshall Survey; same being the North,,North- east corner of a 207.452 acre tract,reference deed Volume 818, Page 530 of the Collin County Deed Records; THENCE South 88° 47' 48" West 354.89 feet crossing Muddy Creek to an existing iron pin set beside a large Bois d'arc post on top of the west bank of Muddy Creek; THENCE with the top of said west bank of Muddy Creek as follows: North 41° 40' West 145.0 feet; North 0° 28' 48" East 187.15 feet to a point in the center of a branch of Muddy creek for a corner; THENCE generally in a westerly direction up the center of Turner Branch and with the South line of said 50 acre tract as follows: South 44° 52' West 35.68 feet; North 87° 53' West 63.85 feet; North 61° 43' West 21.00 feet; North 4° 10' East 43.99 feet; North 40° 27' East 36.69 feet; North 10° 27' East 23.96 feet; South 89° 57' West 124.45 feet; South 67° 56' West 46.93 feet; South 2° Il' East 95.89 feet; South 44° 20' West 48.07 feet; South 86° 24' West 56.72 feet; South 46° 24' 48" West 36.40 feet; ' South 78° 47' West 36.82 feet; South 53° 59' West 59.5 feet; South '39° 27' West 55.88 feet; South 59° 44' West 73.89 feet to a Southwest corner of said 50 acre tract for a corner; THENCE North 0° 03' 03" East with a west line of said 50 acre tract passing an iron pin set beside a corner post at 56.9 feet and continuing with a fence passing a corner post at 320.41 feet and continuing passing a post in a clump of trees at 623.7 feet and continuing in all 1095.95 .feet to an iron pin set beside a Bois d'arc corner post at the ell corner of said 50 acre tract for a corner; . THENCE North 82° 57' 13" West 266.71 feet with a South line of said 50 acre tract to a post in a clump of trees for an angle point; THENCE North 89° 59' 10" West 252.35 feet along the north line of a 40/100 acre FIRST TRACT reference deed Volume 274, Page 266 of the Collin County Deed Records to an iron pin set beside a corner post at the Northwest corner of said 40/100 acre tract fora corner; same being in the West line of said 50 acre tract; THENCE North 0° 35' 42" West 721.29 feet with said West line to an existing iron pin set in said line in the South Right-of-Way line of Farm Road No. 2514 (100 foot Right-of-Way) for a corner; THENCE North 89° 38' East 859.26 feet with said South Right-of-Way line to an iron pin set at the Northwest corner of a 0.908 acre tract reference deed Volume 1060, Page 834 of the Collin County Deed Records for a corner; THENCE South 1° 27' 32" East 294.3 feet with the West line of said 0.908 acre tract to an iron pin set beside a post at the Southwest corner of said 0.903 acre tract for a corner; THENCE South 88° 45' 38" East 132.52 feet with the South line of said 0.908 acre tract to an existing iron pin set at the Southeast corner of said 0.908 acre tract for an angle point; same being the Southwest corner of a 3.430 acre tract reference Volume 1017, Page 611 of the Collin County Deed Records; THENCE South 88° 58' 08" East 492.79 feet with the South line of said 3.430 acre tract and with a fence to •an existing iron pin set " beside a corner post at the Southeast corner of said 3.430 acre tract fora corner;.same being in the East line of said 50 acre tract; THENCE Southerly with the East line of said 50 acre tract and with an established fence and hedge row as follows: South 0° 13' West 388.1 feet crossing Muddy Creek; South 0° 42' West 82.78 feet; South 11° 22' East 47,26 feet; South 1° 08' East 262.88 feet; South 0° 55' East 240.0 feet;' South 0° 34' East 600,81 feet to the PLACE OF SECINP:ING and containing 44.530 acres of land. 62Cr TRACT NO. 4• #43.0561 Petition PETITION FOR ANNEXATION TO: THE MAYOR AND GOVERNING BODY OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: The undersigned petitioners hereby request and represent as follows: 1. Petitioners are the sole owners of record of a tract of land described by metes and bounds on the attached Exhibit "A", which is incorporated herein for all purposes. 2. The tract is not situated within the corporate limits of any municipality and is contiguous to the City of Wylie, Collin County, Texas. 3. Pursuant to the provisions of Section 43.0561 of the Local Government Code, Petitioners represent that the tract is (a) more than forty (40) acres in size; (b) located entirely in a county with a population of more than 260,000 people; and (c) located in the extraterritorial jurisdiction of a general law municipality with a population of more than 1,000 but less than 2,500 people that provides water but not sewer �s'ervices. 4. The Petitioners further represent that the property is adjacent to the corporate limits of the City of Wylie, Collin County, Texas, and the Petitioners do hereby request that the City of Wylie, Collin County, Texas, annex the area herein described and agree to a service plan to provide both water and sewer services to the tract herein described, not later than three and one-half years after the date of annexation. 5. Petitioners further represent that pursuant to Section 43.0561 of the Local Government Code, upon annexation by the City of Wylie, Collin County, Texas, the tract described herein is by statutory decree released from the extraterritorial jurisdiction of the adjacent general law municipality above described. 6. Petitioners request that such further action be taken as is appropriate under the circumstances. DATED this date of September, 1995. Respectfully submitted, Wm E. Campbell, Jr. - Wylie Ltd. Partnership //��1 /fr._ -L 1 /�/ Bye' William Campbell, ,Jr. , General Partner STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me by William E. Campbell, Jr. , Gelnral Partner of William E. Campbell, Jr.- Wylie Limited Partnership on the day of September, 1995. ( { DORIS MOFFITT •,,, 0 Notary Public t� ate of Texas NOTARY PUBLIC My Commission expires STATE OF TEXAS Q9�rd 0 ,,,`........:+c rr m c.v., on n7 , • • • C�2 C^"1 EXHIBIT "A" GO SITUATED in Collin County, Texas, out of the L. M. MARSHALL SURVEY, ABSTRACT NO. 594 and the WM. PATTERSON SURVEY, ABSTRACT NO. 716, and being a survey of a called 153.88 acre tract as conveyed to John Brodhead from Bankers Life Co., by Warranty Deed recorded in Vol. 329, Page 390 on April 5, 1941 in the Deed Records of Collin County, Texas and also a called 41.0 acre tract and a called 9.0 acre tract conveyed to John Brodhead from Myrtle Stinson Phillips, a feme sole by Warranty Deed recorded in Vol. 390, Page 100 on April 26, 1948, in the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of the said Marchall survey, same being the southeast corner of the said 153.88 acre tract; THENCE S89°49'24"W, 1551.47 feet along the south line of said tract and survey, to a 12-inch elm tree marked "X" ; THENCE N87°56'45"W, 1063.13 feet to an iron stake for corner; THENCE Nl°49'34"W, 3236.01 feet along the west lines of said 153.88 and 41.0 acre tracts to the northwest corner of the said 41.0 acre tract; THENCE N89°09'10"E 2306.01 feet along the north line of said 41.0 acre tract to an iron stake found on the west bank of Muddy Creek; THENCE N88°11'54"E, crossing said Creek, 355.30 feet to an iron stake for corner found in place; THENCE Sl°05'24"E, 307.49 feet to an iron stake for corner, the northwest corner of the said 9.0 acre tract of land; THENCE N88°35'E, 518.00• feet, along the north line of said 9.0 acre tract to .the northeast corner thereof, an iron stake; THENCE S4°34'20"W, 800.58 feet along the general line of an old fence on the east line of said 9.0 acre tract to the southeast corner thereof; THENCE S88°29'15"W, 462.00 feet along an established fence line on the south line of the said 9.0 acre tract to the southwest corner thereof in the east line of the said 153.88 acre tract; THENCE in a southerly direction along the east line of said 153.88 acre tract as follows: S0°21' 19"W, 422.74 feet with an established fence line; THENCE S4°33'02"E, 804.78 feet; THENCE SO°10'53"W, 983.08 feet along an established fence line to the place of beginning and containing 207.452 acres of land. TRACT NO. 3 #43.0561 Petition PETITION FOR ANNEXATION TO: THE MAYOR AND GOVERNING BODY OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: The undersigned petitioners hereby request and represent as follows: 1. Petitioners are the sole owners of record of a tract of land described by metes and bounds on the attached Exhibit "A", which is incorporated herein for all purposes. 2. The tract is not situated within the corporate limits of any municipality and is contiguous to the City of Wylie, Collin County, Texas. 3. Pursuant to the provisions of Section 43.0561 of the Local Government Code, Petitioners represent that the tract is (a) more than forty (40) acres in size; (b) located entirely in a county with a population of more than 260,000 people; and (c) located in the extraterritorial jurisdiction of a general law municipality with a population of more than 1,000 but less than 2,500 people that provides water but not sewer services. 4. The Petitioners further represent that the property is adjacent to the corporate limits of the City of Wylie, Collin County, Texas, and the Petitioners do hereby request that the City of Wylie, Collin County, Texas, annex the area herein described and agree to a service plan to provide both water and sewer services to the tract herein described, not later than three and one-half years after the date of annexation. 5. Petitioners further represent that pursuant to Section 43.0561 of the Local Government Code, upon annexation by the City of Wylie, Collin County, Texas, the tract described herein is by statutory decree released from the extraterritorial jurisdiction of the adjacent general law municipality above described. 6. Petitioners request that such further action be taken as is appropriate under the circumstances. DATED this date of September, 1995. Respectfully submitted, Wm E. Campbell, Jr. - McCreary Rd. Ltd. Partnership By: William E. 4rampbell7Jr. , General Partner STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me by William E. Campbell, Jr. , General Partner of William E. Campbell, Jr.- McCreary Rd. Limited Partnership on the J=� day of September, 1995. —DORIS MOFFITT NotaryPublic, +J` . i - ' NOTARY PUBLIC r MyS�� Texas q. `► ' i Commission expires o3/j.�/cJ %•.. 1' .4-,1 STATE OF TEXAS Corn. Exp. 2-22-97 0 . EXHIBIT "A' -.. Being par of the John W. Mitchell " ^vey, Abstract . 569, Coll.., County, Texas, being kn'_.n as the 112.96 . acre tract conveyed to Morton Realty Assoc., Inc., by deed recorded in Volume ti1f3, Page 161 of the Deed • Records of Collin County,_ and being described more particularly as follows; • • CD Beginning at an "X" cut found or. the south fork of 00 • ' a double 12" elm tree, being the following; . • The northeast corner of the 117' acre tract con— veysd to Nathan Eldridge et ux •by deed 00 - recorded in Volume 529, Page 515, . c The northwest corner of the 112.18 acre tract conveyed to •J. 3. Prince. by deed recorded • in Volume 624, Page 128. and An angle point on the south•llre of the •207.4 52 • acre tract conveyed to William E. Campbell • 1 Jr., by deed recorded in Volume 818, Pg. 530; .Thcr.ce. S 00°.06' E, along the general lino cf.'the old fence and row of trees on the west line of said Prince "..-`•tract, at 2648.5 feet pasting the north line of an . undedicated road, 40 feet wide on the ground, .a steel red at the southeast corner of said Morton tract, in • . all a distance of 2668.' feet to a steel rod on the • •center line of said road, at tho southwest corner of said Prince tract; Thence N 89° 39' W, along the center line of said road, the north'line of. the 122 acre tract conveyed • . to Mrs. Maggie Wood by deed recorded in Volume•288 Page 369 of said Deed Records, a distance of .1678.8 feet to a steel rod for corner; • Thence N 00° 36' E, along the east line of tho 5.0 acre tract conveyed to Gene Lewis, et ux, by deed ' .• recorded in Volume G00, Page 546 of said Deed Records, . being 264.0 feet east of and parallel with the west H. Line of said 117. acre tract, at 20.0 feet passing a ' . steel rod on the north line of said road, at 25.3 feet passing a pipe found by post, and continuing along the east edge of a fence, in all a distance of d37.6 feet . to a steel rod for corner; . Thence S 89° 43' W, '&lone; the north edge of the fence on the north line, ns occupied,of said Lewis tract, a distance of 264.0 feet to- a steel rod for corner on the west line of said 117 acre tract and the east line of the 55 acre tract conveyed to T. D. Turner by deed recorded in Volume 136, Page 574 of said Deed Records; Thence N 00° 36' E, along the old fence, ram of trees and turn row on the east line of said Turner tract • and the east line of another Turner 55 acre tract . described in Volume 131 , Page 555 of said Deed Records, a distance of 1663.6 feet to a pipe for corner on the • south lire of the 60 acre tract described in deed to `':dward Ray Donihoo, et ux, recorded in Volume 5�+9, • Page L61 of said Deed Records, said pipe being en the center line of a turn row running west and 11 feet . ' south of a turn row running east; ' Thence N 89° 28' E, along the south line of said .Doni.hoo tract, a distance of 848.6 feet to a steel � .. ' • rod found, the southwest corner of said Campbell tract; Thence S 37° 20' E, along the south line of said • Campbell tract, being along the south high bank of I a deep drainage ditch, a distance of 1062.1+ feet to the place of beginning; • • Cont.:lining 1 111 . t?3 :cr e.., including 0.771 acre i;1 tho • north 20.c. fe . of sNid 1' :i'i , or11:).1407 acre!: not;. oii:ll:iuiiiioioouiwyitoiiH::iatyuccitiitdtoioiioioioso 1:::1,,.. 5 ..„.„.:.,i„:„.:::::::::::::::.:.::.:....:::::.::.::::...:::.„::::::::::::::.:::::::::::::::i.iiiii,„ :,i::::::::::.:„,::::::::::::::: :::::::::::::::::,::::.:„::...::::::::, ::: itH,„ ,::„:::„, . :. Qndo itsnunlcatlon for 1o. Capin. :::€for Pan ;..:.. . [In. - nnex on of:: y#ilun+ `Fitt 544 ISSUE The City Council will consider approval of a resolution to formally initiate action for a Public Hearing for the Involuntary Annexation for specific properties along the FM 544 corridor. BACKGROUND There are several purposes of this annexation. It will allow the city to consolidate its city limit boundaries. This will also eliminate pockets of county land that are bounded on at least two sides by property in the city. This creates certain service delivery challenges. Many of the properties are along the most highly visible corridor (FM 544) coming in the City of Wylie. In order to maintain the standards that the citizens of Wylie have come to expect, the city must annex said property to oversee and regulate future development. To clarify terms used in this annexation, listed below are: Unincorporated -this area is surrounded by the city limits but the city has no jurisdiction as far as requiring building permits, housing inspection, code enforcement, or zoning, but the city does require any platting of land to follow the Wylie Subdivision Regulations. City/ETJ - this area is the same as unincorporated property except this property is within one mile of the current city limits, allowing enforcement of Subdivision Regulations (paving, drainage, water, sewer) if platted. City - this area must conform with all standards set by the city and all services are made available to property owners. A service plan has been established for this area. A service plan must include police protection, fire protection, solid waste collection, maintenance of water and wastewater facilities, and maintenance of roads and streets, including road and street lighting. LEGAL CONSIDERATION Local Government Code 43.052, Annexation Hearing Requirements, states that before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. The hearings must be conducted on or after the 40th day but before the 20th day before the date of the institution of the proceedings. At least one of the hearings must be held in the area proposed for annexation if more than 20 adult residents of the area file a written protest of the annexation with the secretary of the municipality within 10 days after the date of the publication of the notice. The protest must state the name, address, and age of each protester who signs. The municipality must also publish notice of the hearings in the newspaper. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing. The municipality must give additional notice by certified mail to each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. Local Government Code 43.053, Period of Completion for Annexation, states that the annexation of an area must be completed within 90 days after the date of the governing body institutes the annexation proceedings or those proceeding are void. FINANCIAL CONSIDERATION Attached is a table showing the possible financial expenditures that the city would incur. RECOMMENDATION The staff recommends approval of this resolution calling for a public hearing to initiate the involuntary annexation for specific properties along FM 544. ATTACHMENTS Resolution for Public Hearing on Annexation of FM 544 properties Map of area to be annexed Service Plan 1.46-64---- (MT ,41`?--e--./ Prepared By Community Dev. Approval City Manager Approval FINANCIAL CONSIDERATIONS The following table shows the approximate projected costs (in today's dollars) of providing water and/or wastewater service to the properties being considered for annexation. The costs shown represent the cost to the City if the mains are funded entirely with City funds. It should be noted that in most cases, the cost of construction will be recouped when the properties being served are platted and developed, through impact fees, etc. These costs are projections only. Actual construction costs may vary in the future. FM 544 CORRIDOR ANNEXATIONS No. of Cost per Total Tracts Tract Cost Item No. 10 Extend wastewater service from an existing 8-inch sanitary sewer main in the Hooper Business 3 $5,600 $16,800 Park, east, approximately 1,000 feet to serve 3 tracts. Item No. 1 Extend water service from an existing 8-inch water main along FM 1378, westward along the 1 $24,000 $24,000 north line the Gladys Swanson tract, approximately 1,000 feet to serve the Witherspoon tract. Item No. 6 Extend water service from the existing 8-inch water main in the Premier Business Park, westward 8 $7,125 $57,000 following Hensley Lane (C.R. 297), approximately 2,400 feet to serve eight tracts. Item No. 4 Extend water service from the existing 20-inch water main along the south side of FM 544 to the 6 $11,667 $70,000 north approximately 1,400 feet to serve six tracts. Item No. 8 Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, 2 $14,400 $28,800 along the north line of the 34.98 acre J.L. Brand tract, approximately 1,180 feet to serve two tracts. Item No. 7 Extend wastewater service from the existing 21-inch Muddy Creek Interceptor Sewer eastward, 1 $16,800 $16,800 approximately 700 feet to serve the Swanson tract. Item No. 9 Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, 8 $19,125 $153,000 approximately 3,400 feet to serve eight tracts. Item No. 2 Extend water service from the existing 12-inch water main along north side of FM 544 northward 2 $53,000 $106,000 following Marshall Lane, northward and then eastward, approximately 2,400 feet to serve two tracts. Item No. 3 Extend water service from the proposed water main (Item No. 8 of this plan) northward, along the 3 $24,000 $72,000 west line of the Mannewitz tracts, approximately 2,000 feet to serve three tracts. Item No. 11 Extend wastewater service from the existing 30-inch Muddy Creek Interceptor Sewer east and 2 $46,800 $93,600 then northeasterly, along the tributary to Muddy Creek, approximately 2,900 feet to serve both the 17.5 and 37.96 acre Carlson tracts. TOTAL $638,000 C: \MAPS\ANNEX Fri Sep 22 11: 26: 21 1995 HP DesignJet 650C LISA-1 .HPC Hewlett-Packard HP-GL/2 devices v3.0, ADI 4.2 -by HP .. e. __ .e.. i . . ... I 0 igi.:.iliVitaiiiikiti:iis,‘I'l i 1 r K p4 C m , j1; t ' is _: r ,yr ui q . , ,,t. . 0 44A, 4 ...�-_ M azr {---et r iv, to' r , . r i i�g, , 444444* 333333 , - v L , r Eg m. i . . t 0 - 1 ..,, --` li 1 .1 i ►i __ --, t . is ...— e ,,,,, I 0 1 -"' '''' af4, : i N '. ' I , ' * - - �' 1 ,. _ . zzzz It'll mmmm m rn m m eddd 00to0 tJ'1 D N. 3 . 4,, .,,, I; riri ,\ h zm « r � imp' RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CALLING FOR A PUBLIC HEARING TO INITIATE THE INVOLUNTARY ANNEXATION FOR SPECIFIC PROPERTIES ALONG FM 544 WHEREAS,The City of Wylie desires to initiate annexation of specific properties along the FM 544 corridor, and WHEREAS, Property proposed for annexation includes property North of FM 544 extending to the South existing city limits at Presidential Estates and property South of FM 544 just South of Hensley Lane, and WHEREAS, the City of Wylie finds that said annexation is advantageous for the city in solidifying boundaries to eliminate pockets of county land being in the corporate city limits, and WHEREAS,the City of Wylie will be able to effectively deliver services to said property owners, and WHEREAS,the City of Wylie will be able to oversee and regulate future enhancements of the area, and WHEREAS,The City Council of the City of Wylie finds that the approval of the request would pose no negative affects on the citizens of Wylie NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Wylie: SECTION 1. That the City Council of the City of Wylie does hereby grant approval to initiate annexation proceedings for the property located along the FM 544 corridor. DULY PASSED AND APPROVED this the 26th day of September, 1995. James D. Swartz, Mayor A F1'EST: Susan Shuler, City Secretary SERVICE PLAN for the 1995 - FM 544 Corridor Annexations WATER AND WASTEWATER SERVICE The Item Numbers listed below correspond to the attached annexation map. Item No. 10 Extend wastewater service from an existing 8-inch sanitary sewer main in the Hooper Business Park, east, approximately 1,000 feet to serve 3 tracts (Wood, Scholz, and Parker). Item No. 1 Extend water service from an existing 8-inch water main along FM 1378, westward along the north line the Gladys Swanson tract, approximately 1,000 feet to serve the Witherspoon tract. Item No. 6 Extend water service from the existing 8-inch water main in the Premier Business Park, westward following Hensley Lane (C.R. 297), approximately 2,400 feet to serve eight tracts (Housewright, Hensley, Van Cleeve, Speed, Miller, Bradshaw, Caldwell, and Oliver). Item No. 4 Extend water service from the existing 20-inch water main along the south side of FM 544 to the north approximately 1,400 feet to serve six tracts (Brand (4), Wood, and Taylor). Item No. 8 Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, along the north line of the 34.98 acre J.L. Brand tract, approximately 1,180 feet to serve two tracts (J.L. Brand and Dorothy Green, and J.L. Brand). Item No. 7 Extend wastewater service from the existing 21-inch Muddy Creek Interceptor Sewer eastward, approximately 700 feet to serve the Swanson tract. Item No. 9 Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, across the Francis Bates tract and then along the common line of the 34.98 and 32.14 acre J.L. Brand and Dorothy Green Tracts, approximately 3,400 feet to serve eight tracts (Brand (3), Taylor, Wood, Lemmon, and Mannewitz). Item No. 2 Extend water service from the existing 12-inch water main along north side of FM 544 northward following Marshall Lane, northward and then eastward, approximately 2,400 feet to serve two tracts (Mannewitz and Lemmon). Item No. 3 Extend water service from the proposed water main (Item No. 8 of this plan) northward, along the west line of the Mannewitz tracts, approximately 2,000 feet to serve three tracts (Mannewitz, Housewright, and Housewright). Item No. 11 Extend wastewater service from the existing 30-inch Muddy Creek Interceptor Sewer east and then northeasterly, along the tributary to Muddy Creek, approximately 2,900 feet to serve both the 17.5 and 37.96 acre Carlson tracts. POLICE AND FIRE PROTECTION The City will expand police and fire protection services as needed to meet changing requirements. MAINTENANCE OF WATER, SEWER, STREETS, ETC. The City will own and maintain all facilities constructed, dedicated, and accepted for public use. SOLID WASTE COLLECTION _ Provision of service to new customers is covered by the franchise agreement with the service provider. Service will be expanded as needed. Following are two examples of how the service plan might be implemented showing how the financial considerations may be affected: Example No. 1: If the Parker Road LTD. tract in the 555 acres north of McMillan Road Annexation develops before the Wylie LTD. tract, the cost of the utility construction would be borne by Parker Road LTD., but only for the size of main required to serve that development. The cost of "oversizing" the main for future development of the Wylie LTD. tract and others would be paid for by the City (at the City's option). When the Wylie LTD. tract does finally plat and develop, impact fees would be assessed to cover the cost of oversizing the line. In this type of case, the City would have spend money up front out of convenience, only to recoup it later as development continues. Example No. 2: If the Swanson tract requires a sewer extension, and there is an existing residence or business, the City would be responsible for providing service. The only way the City would be able to recoup this money is if the property is someday subdivided and platted. At that time, impact fees would be used to offset the cost of the previous improvements. .. . :..::::.:::.... .... ..ub�t�:. Mtn. .:��:. ........... :.::::: : .::.:.._.......... .:::::::::..............:.: :........ ....:.::::: : ::....... .... .: ISSUE The City Council is to hold a public hearing for the purposes of Adopting the 1995- 1996 Operating Budget. BACKGROUND The Home Rule Charter states that City Council shall hold a public hearing on the budget as submitted at the time and place so advertised or at another time and place with proper notification. All interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. LEGAL CONSIDERATION Holding a public hearing for the budget is in the Home Rule Charter. RECOMMENDATION Staff recommends holding the public hearing to hear all interested persons concerns. )/1;:ittt 6e1/1/14-. repared By City Manager Approval WY: ani f ig ntda Commanlcat an ur gpt�mb¢» Z! 5 ¢sawa0 + . n !) ' !► 16 Q in mud ISSUE An ordinance of the City of Wylie, adopting a budget and appropriating resources for Fiscal Year 1996, beginning October 1, 1995 and ending September 30, 1996; repealing all conflicting ordinances; containing a severability clause; and providing for an effective date. BACKGROUND The General Fund includes a tax rate increase of two cents which will generate additional revenues of approximately $70,0060. The Utility Fund budget includes a water rate increase, effective in January 1996, which will increase water revenues approximately $75,000. These rate increases will be used to help support the additional debt service requirements due to new capital construction (1995 Bond). The attached summary of all operating and capital funds includes the Multi-Year Financial Plan for Park and Rec. Facilities Development Corporation which was adopted on September 19, 1995. FINANCIAL CONSIDERATIONS For all budgeted funds, the projected totals for revenues and expenditures are $10,054,120 and $10,705,560 respectively. Total expenditures will exceed total revenues by $651,440. The General Fund expenditures are $22,200 more than revenues and this will result in a decrease to fund balance by that amount. The Utility Fund will have a modest increase in fund balance (working capital) of $52,550. LEGAL CONSIDERATIONS A tax rate ordinance for the Fiscal Year 1995-1996 must be adopted to support this budget. STAFF RECOMMENDATION It is recommended that the City Council adopt the Fiscal Year 1995-1996 budget as presented. ATTACHMENTS • Budget ordinance and summary. ��.�� - 1) .•.. , ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 1996, BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed Budget for operation of the City during Fiscal Year 1996; and, • WHEREAS, the proposed budget appears to be in a form and substance which fully complies with all applicable provisions of the City Charter and State law; and, WHEREAS, the proposed budget has been available for public inspection and review; and, WHEREAS, the City Council has of this date conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and, WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget, and the revenues and expenditures therein contained, is in the best interest of the City and therefore desires to adopt the same by formal action; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the proposed budget of the revenues of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 1996. SECTION II That the sum of TEN MILLION SEVEN HUNDRED FIVE THOUSAND FIVE HUNDRED SIXTY DOLLARS ($10,705,560) is hereby appropriated out to the General, Community Park, Development Corporation, Parks/Recreation/Library, Debt Service, Street, Service Center, Utility, and Fleet Replacement Funds for payment of Operation Expenses and Capital Outlay of the operation and administration of the City according to the various purposes and intents therein described. SECTION III That specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations form designated appropriations to any individual department or activity as provided in the City Charter. SECTION IV Should any paragraph, sentence, sub-divisions, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to law and the City Charter. SECTION VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26th day of September, 1995. By James D. Swartz Mayor ATTEST: Susan Shuler City Secretary EXHIBIT"A" SUMMARY OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 1995/96 BUDGET • SPECIAL REVENUE FUNDS CAPITAL PROJECT FUNDS PROPRIETARY FUNDS GENERAL COMMUNITY DEVELOPMENT PARKS,REC. DEBT SERVICE STREET SERVICE • UTILITY FLEET TOTAL FUND PARK CORPORATION AND LIBRARY FUND FUND CENTER FUND REPLACEMENT ALL FUNDS BEGINNING BALANCES $858,600 $190 $487,860 ($74,290) $124,540 $1,442,540 $317,920 $830,620 $127,218 $4,115,198 REVENUES: Ad Valorem Taxes 1,871,850 0 0 0 552,580 0 0 0 0 2,424,430 Non-property Taxes 541,600 0 270,500 270,500 0 0 0 0 0 1,082,600 Franchise Fees 556,000 0 0 0 0 0 0 0 0 556,000 Licenses and Permits 120,000 0 0 0 0 0 0 0 0 120,000 Intergovernmental 59,200 0 242,500 0 0 0 0 0 0 301,700 Service Fees 429,800 25,000 0 0 0 0 0 2,561,000 124,190 3,139,990 Court Fees 186,400 0 0 0 0 0 0 0 0 186,400 Interest 8,Miscellaneous Income 86,000 0 9,000 40,000 5,000 32,500 8,000 54,500 8,000 243,000 G O Bond Proceeds 0 0 0 1,600,000 0 0 0 0 0 1,600,000 TOTAL REVENUES 3,850,850 25,000 522,000 1,910,500 557,580 32,500 8,000 2,615,500 132,190 9,654,120 Transfers From Other Funds 250,000 0 0 0 0 0 150,000 0 0 400,000 TOTAL AVAILABLE RESOURCES 4,959,450 25,190 1,009,860 1,836,210 682,120 1,475,040 475,920 3,446,120 259,408 14,169,318 EXPENDITURES: General Government 1,618,190 0 0 0 0 0 0 0 13,000 1,631,190 Public Safety 1,378,410 0 0 0 0 0 0 0 51,000 1,429,410 Urban Development 210,540 0 0 0 0 0 0 0 0 210,540 Streets 551,850 0 0 0 0 0 0 0 0 551,850 Community Services 314,060 19,200 0 609,740 0 0 0 0 0 943,000 Utilities 0 0 0 0 0 0 0 1,336,520 16,000 1,352,520 Debt Service 0 0 0 200,840 603,170 0 0 876,430 0 1,680,440 Capital Projects 0 0 0 0 0 1,350,000 455,100 0 0 1,805,100 Market Reserve 0 0 0 0 0 0 0 0 0 0 Economic Development 0 0 701,510 0 0 0 0 0 0 701,510 TOTAL EXPENDITURES 4,073,050 19,200 701,510 810,580 603,170 1,350,000 455,100 2,212,950 80,000 10 305,560 Transfers to Other Funds 50,000 0 0 0 0 0 350,000 0 400,000 ENDING FUND BALANCE $836,400 $5,990 $308,350 $1,025 630 $78,950 $125,040 -_-_ $20 820. _--__$883 170 _.--_$179 408 $3,463,758 Total Revenues $10,054,120 Net Decrease(Increase)In Fund Balance 651,440 Total Appropriable Funds 510,705,560 0 705 560 f1gnda(ommankatlon for Sptmb+�r 2b,.1995' • Discuss and Consider opproval of Tax card Inanc¢ ISSUE An ordinance fixing the tax rate/levy for 1995 and for the Fiscal Year 1995-1996 Budget. The Tax Rate proposed is for Sixty-five and one-half cents ($0.655) per $100 of assessed value. BACKGROUND The proposed tax rate is $0.655 (cents) versus $0.635 (cents) for the prior fiscal year, an increase of two cents ($0.02). Based on the current tax values this proposed increase will generate approximately $70,000 in new revenue. On September 12, 1995 a public hearing was held on the new tax rate being proposed and no public comment was received at that meeting. Attached are copies of tax notices published in the Wylie News on August 30, 1995 and September 20, 1995. These notices, along with the public hearings already held and this meeting tonight, will satisfy the "Truth-in-Taxation" laws and the City's Charter. FINANCIAL CONSIDERATIONS This tax ordinance will generate new levies of $1,794,640 to the General Fund and $529,790 to the Debt Service Fund. LEGAL CONSIDERATIONS The adopted Fiscal Year 1995-1996 budget requires the support of this ordinance. STAFF RECOMMENDATION The staff is requesting that the City Council adopt the proposed 1995 Tax Rate and Levy Ordinance as submitted. ATTACHMENTS Tax ordinance. August 30, 1995 tax notice in Wylie News September 20, 1995 tax notice in Wylie News e6kIiiita) Prep d by Approved by ORDINANCE NO. AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE, TEXAS UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30, 1996, AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget for operation of the City for fiscal year 1996; and, WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax on tangible taxable property in the City of Wylie; and, WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and, WHEREAS, the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 1996; and, WHEREAS, notice of the proposed tax rate, as well as the effective tax rate has been published as required by law and the City has received no formal protest thereof; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE WYLIE, TEXAS, as follows: SECTION I There is hereby levied for the fiscal year 1996 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D., 1995, except so much thereof as may be exempt by the Constitution of laws of the State of Texas, a total tax of Sixty-five and one-half cents (0.6550), on each One Hundred ($100.00) Dollars of assessed valuation on all of said property which said total tax herein so levied shall consist and be comprised of the following components: 1 a) An ad valorem tax of and at the rate of Fifty and Five Hundred Seventy One thousandths cents (0.50571) on each One Hundred Dollars ($100.00) of assessed valuation of said taxable property is hereby levied for the general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September, 30, 1996 which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax of and at the rate of Fourteen and Nine Hundred Twenty-Nine thousandth cents (0.14929) on each One Hundred ($100.00) of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and retire the principal of the valid bonded indebtedness, capital lease payment, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the Interest and Sinking Fund of the said City of Wylie, Texas for the fiscal year ending September 30, 1996. SECTION III The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty interest, and all costs of collection, assessed, and levied hereby. SECTION IV Taxes are payable in McKinney, Texas at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION V That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted and approved. SECTION VI Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. 2 SECTION VII This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VIII That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION IX The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26th day of September, 1995. By James D. Swartz Mayor ATTEST: Susan Shuler City Secretary 3 Notice of Public Hearing on Tax Increase The City of Wylie will hold a public hearing on a proposal to increase total tax rev- enues from properties on the tax roll in 1994 by 9.62 percent. Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property. } The public hearing will be held on Tuesday, September 12, 1995 at 7:00 p.m. at Wylie Municipal Complex, 2000 Hwy. 78 North, Wylie, Texas. FOR the proposal: Jim Swartz, Reta Allen, Joel Scott, John Mondy, J.C. Worley, Cleo Adams, Steve Wright AGAINST the proposal: None PRESENT and not voting: None ABSENT: None The statement above shows the percentage increase the proposed rate represents over the effective tax rate that the unit published on Wednesday, August 16, 1995. The fol- lowing table compares taxes on an average home in this taxing unit last year to taxes - proposed on the average home this year. Again, your individual taxes may be higher or lower, depending on the taxable value of your property. Last Year This Year Average home value $65,990 $70,376 General exemptions available (amount available on the average home, not including • senior citizen's or disabled person's exemptions) $ 0 $ 0 Average taxable value $65,990 $70,376 • Tax rate (per $100) 0.63500 0.65500 Tax $419.04 $460.96 UNDER THIS PROPOSAL TAXES ON THE AVERAGE HOME WOULD INCREASE BY$41.92 OR 10.00 PERCENT COMPARED WITH LAST YEAR'S TAXES. COMPARING TAX RATES WITHOUT ADJUSTING FOR CHANGES \_ IN PROPERTY VALUE, THE TAX RATE WOULD INCREASE BY $0.02000 PER $100 OF TAXABLE VALUE OR 3.15 PERCENT COMPARED TO LAST YEAR'S TAX RATE. THESE TAX RATE FIGURES ARE NOT ADJUSTED FOR CHANGES IN THE TAXABLE VALUE OF PROPERTY. �! 6. 3�� /S Sj- 13-1t-c. 1 iiAI , r l When you want to get rid of what gathers dust, call The Wylie News classified at 442-5515 5arei7 21D,//95' NOTICE ..... n � "110: ;';''' ' ,'"'`,i Fr OF VOTE ON TAX RATE , d,' , ,..' c is ' © TER THE CITY OF WYLIE 1 er Texassov8 CONDUCTED A PUBLIC HEARING ON A PROPOSAL 'OS e.S TO INCREASE YOUR PROPERTY TAXES BY 9.62 PERCENT ON TUESDAY, SEPTEMBER 12, 1995 ti AT 7:00 P.M. ;, THE CITY OF WYLIE CITY COUNCIL rf w IS SCHEDULED TO VOTE ;en Pegues, ON THE TAX RATE AT A vhiler PUBLIC MEETING TO BE HELD vocal group who ON TUESDAY, SEPTEMBER 26, 1995 AT ht way, solid and ial favorites, new that have a mes- 7:00 P.M. AT WYLIE MUNICIPAL COMPLEX, refit ept. 22 2000 HWY. 78 NORTH, WYLIE, TEXAS. 16-1 t-c339 t Copeville '"".".gin""1""".".".gi":"""""""""m'""""i"""""Biiiiiiii.""""""wviitiiilititiviiiito i. ii. tiiii.iii.iigiggiiiiii"""""""""iiiii"i"""""ii"!iiii;i""""igiiiiiiiiiiti :!:1::1•111'igl.!:--.,6...':11iijii 9 L.....j .:„„„,,,!:,:,:,:,:,:,:,,,:,:,:,:,:,:,:,::,:.,::„E,E,E,E,„„E,E,E,E,„,E,E,E:E:EEEEEE,E,,,,,„,„,:,::,E,E,„,„:„.„::,::::::.::i,„:„.„.„„::„,:„.::„::::„::::„::„.„„„::,„:,,,,„:":,:.,, ::„:„„:„„„:„:::,:::„:,::,::,::::,,:::.„,:,:„E„,:,,,,,:,,,::„:„:„.,:,:.,,,,,,,:„.„.„.,,,,„,,,,,,„,,,,,„,„,,,,,,,,,,,,,,,:,,,:„,::,, ,.,,,„,„.:....„.„....„,„,„, 9: 5.:.::.:.:'. .::.. . ,„„„.„„.„:,,:,,:,„,:,„,,,,,:„,,,,:,:,:,:,:,:,:,:,:,:,:,:„:„:,„::,,,:„,:„,„.„::::::::„:,:,::„„,:::::::::::;,;,:::::„:::::„::„,„„::„:::::::::,,,,,,„„„,,,,,,:„„„,:,:,:,:,:,,,:,:,:„„;„„,;:,:,,,:„:,:„„„„,,„„„:,:,„„,,„,„,,,„„„,„„„,„:,,:,,,:,:,:::,:,,,,,,„:„:„:,:,,,,,,„:„:„:„,,,,,,,,,,,,,,,,,,,„:„,,,,,:,:,,,,,,,,,,,:,:„:„,,,:,,,,,,,,,,,:,:,:,:,:,,,,„„,„,,,,,„:„,,,„,„„„,„„„„.„.„„„,,,„ .z.,...„.:::..................... io to ,viaumoim000imomeoo:.....i.aa..a................imminj....... - ..--- fo--.:.:Rditotto -.....:: ISSUE Council is requested to discuss and consider approval of an ordinance granting a franchise for refuse collection to Browning-Ferris Industries, Inc. BACKGROUND On May 23, 1995, the City Council awarded a new five year contract to Browning-Ferris Industries (B.F.I.) for the collection and disposal of refuse and recyclable commodities. The new agreement provides for once a week automated collection of residential waste using a 95 gallon rubber-wheeled polycart and includes once a week recyclable collection. Under the new service, each residential unit receives one polycart and additional carts are available for a slight increase in the monthly rate. Commercial hand collect customers have also been converted to automated polycart collection. A copy of the contract document is provided herewith. The award of this contract will necessitate the adoption of an ordinance granting a franchise to B.F.I. for solid waste collection within the City of Wylie. The proposed ordinance, a copy of which is also provided herewith, gives effect to and fully incorporates the terms and conditions of the contract. FINANCIAL CONSIDERATIONS Under the terms of the new contract, B.F.I.'s residential rate has been reduced from $9.31 to $7.39 per month. After the addition of sales tax and debt service charges, this represents a net savings of $2.08 on the residential utility bill. Commercial rates have also been significantly reduced, resulting in an annual savings of approximately$18,000.00 for the business community. The attached contract document contains a complete rate schedule for all levels of residential and commercial service. RECOMMENDATION Staff recommendation is for Council to approve the proposed ordinance granting a franchise to Browning-Ferris Industries, Inc. for the collection and disposal of refuse and recyclable commodities within the City of Wylie. ATTACHMENTS: Proposed Ordinance, Copy of Contract Document. jineN,141,LO-fy\-9, WIZ- Ciedans.t.god Prepared By Approved By ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, GRANTING A FRANCHISE FOR REFUSE COLLECTION, REMOVAL AND DISPOSAL WITHIN THE CITY OF WYLIE TO BROWNING-FERRIS INDUSTRIES; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has recently negotiated a contract (Agreement) with Browning-Ferris Industries (BFI) for refuse collection within the City on terms and conditions deemed to be favorable to, and in the best interest of, the City; and, WHEREAS, the City Council desires to implement and give effect to the Agreement by providing for the execution and adoption thereof in the form of an ordinance granting such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I The City of Wylie hereby grants a franchise for refuse collection, removal and disposal within the City to Browning-Ferris Industries, on the terms and conditions of the Contract attached hereto as "Exhibit A" and fully incorporated herein and made a part hereof by reference. SECTION II The Mayor, the City Manager, and the City Secretary are hereby authorized and directed to properly execute the original(s) of such agreement as the act and deed of the City. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26th day of September, 1995. By James D. Swartz Mayor ATTEST: Susan Shuler City Secretary CONTRACT' THIS CONTRACT, made and entered into this 1 5:c day of s `P 1Ei+n$s(. 1995, by and between the City of Wylie, Texas, a Municipal Corporation of Collin County, Texas, ("City") and Browning-Ferris, Inc. , ("Contractor") . WITNESSET H: WHEREAS, the parties hereto desire for Contractor to provide Solid Waste and Recyclable Materials Collection within City and to perform such work as may be incidental thereto in accordance with the terms of this Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1. 00 GRANT Contractor shall be granted the right in contracts with City to provide refuse collection. Further, Contractor is hereby granted a ninety-five percent (95%) franchise, license and privilege within the territorial jurisdiction of City and shall furnish all personnel, labor, equipment, trucks and all other items necessary to provide refuse collection, removal and disposal services, and recycling collection as specified, and to perform all of the work called for and described in the Contract. 2 . 00 DEFINITIONS 2 . 01 Bags - Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 40 lbs. 2 . 02 Bins - Metal receptacles designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 2 . 03 Bulky Waste - Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for Bins, Containers or Polycarts, as the case may be. 2 . 04 Bundle - Tree, shrub and brush trimmings or newspapers and magazines securely tied together SOLID WASTE AND RECYCLING CONTRACT-Page I hj 1:\CnboxAwylic•\brown.conl' 95 forming an easily handled package not exceeding four feet in length or 40 pounds in weight. 2 . 05 City - The City of Wylie, Texas. 2 . 06 Commercial and Industrial Refuse - All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2 . 07 Commercial and Industrial Unit - All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of City and not a Residential Unit. 2 . 08 Commercial Hand Collect Unit - A retail or light commercial type of business which generates no more than fourteen 30-gallon bags or containers of refuse per week. 2 . 09 Commodity -''Material that can be sold in a spot or future market for processing and use or reuse. 2 . 10 Commodity Buyer - A buyer or processor, selected by Contractor pursuant to the Contract Documents, of Recyclable Materials delivered by Contractor. 2 . 11 Construction Debris - Waste building materials resulting from construction, remodeling, repair or demolition operations. 2 . 12 Container - A receptacle with a capacity of greater than 20 gallons, but less than 35 gallons, constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base, The weight of a Container and its contents shall not exceed 60 lbs. 2 . 13 Contractor - Browning-Ferris, Inc. 2 . 14 Dead Animals - Animals or portions thereof equal to or greater than 10 pounds in weight that have expired from any cause, except those slaughtered or killed for human use. 2 . 15 Disposal Site - A Refuse depository including, but not limited to sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted SOLID WASTE AND RECYCLING CONTRACT-Pagc 2 hj/lArnbox4\Nryfic ,own.con/0830`n or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or Dead Animals for processing or final disposal. 2 . 16 Garbage - Any and all Dead Animals of less than 10 pounds in weight, except those slaughtered for human consumption; every accumulation of waste, (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, that used in cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents) . except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 2 . 17 Hazardous Waste - Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, paint and paint cans. 2 . 18 Holidays - The following shall be holidays for the purpose of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2 . 19 Polycart Container - A rubber-wheeled container, having a maximum capacity of 95 gallons, designed for automated or semi-automated solid waste collection systems. Construction shall be injection molded polyethylene. 2 . 20 Producer - An occupant of a Commercial Unit, Industrial Unit or a Residential Unit who generates Refuse. 2 . 21 Recyclable Commodities - Material collected by Contractor pursuant to the contract documents, which can be sold in a spot or future market for processing and use or reuse including, but not SOLID WAS"Ib AND RECYCLING CON1RACT-Page 3 hj t nbcu4\wylie\brown.conN83095 limited to, newsprint,` magazines, plastic (PET and HDPE) , glass containers, aluminum cans and metal (tin) cans. 2 . 22 Recycling Container - A plastic receptacle designed for the purpose of curbside collection of recycling commodities, with minimum capacity of 18 gallons. 2 . 23 Refuse - This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. 2 . 24 Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential Unit. 2 . 25 Residential Unit - A dwelling within the corporate limits of City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less contiguous or separate single-family dwelling units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. 2 . 26 Rubbish - All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, ashes, cinders, floor sweepings, glass mineral or metallic substances and any and all other waste materials not included in the definitions of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2 . 27 Stable Matter - All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. SOLID WASTE AND RECYCLING CONTRACT-Page 4 hjfl nbea4\wylie J cown.coo,V83095 3 . 00 SCOPE OF WORK The work under this Contract shall consist of the items contained in the Performance Standards, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract Documents. A copy of said Performance Standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 4 . 00 COLLECTION OPERATION 4 . 01 Service Provided (a) Contractor shall provide curbside or alley collection service for the collection of Residential Refuse to each Residential Unit one (1) time per week. Polycart Containers shall be placed at curbside by 7 : 00 a.m. on the designated collection day. All Residential Refuse shall fit into the Polycart Container with the lid closed. (b) Contractor shall provide curbside collection service for the collection of Recyclable Materials from each Residential Unit one (1) time per week. Containers shall be placed at curbside by 7 : 00 a.m. on the designated collection day. (c) Contractor shall provide Bin Collection service for the collection of commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. Contractor shall provide Commercial Hand Collection service for Commercial Hand Collect units as defined in 2 . 08 of definitions. (d) Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter. Also, Contractor may from time-to-time provide for the special collection of Dead Animals and Hazardous Waste at Commercial and Industrial Units and Residential Units at its sole discretion and upon such terms and conditions as Contractor shall specify. (See paragraph 15. 01 (b) ) . (e) Contractor shall provide transportation of collected refuse to the landfill site for SOLID WASTE AND RECYCLING CONTRACT-Pagc 5 hj/lAmboa4\ ieWrown.axiN83095 disposal, which responsibility is solely that of the landfill operator. (f) Contractor shall provide transportation and processing of collected recyclables to the Recyclery. (g) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which Contractor has no control. In the event of such a flood, tornado or other Act of God, Contractor and City will negotiate the payment to be made to Contractor. Further, if City and Contractor reach such an agreement, then City shall grant Contractor variances in routes and schedules as deemed necessary by Contractor. (h) Public \Education - Contractor shall be responsible for developing and implementing a public education plan to insure a smooth transition for the new automated collection system and to increase resident participation in the recycling program. The program shall include, but not be limited to, information packets including a magnet with Contractor's telephone number, a brochure outlining the details of the automated collection system and paid advertising with the local newspaper. Additionally, Contractor will supply speakers for presentations to civic groups and schools. The BFI Recyclery will be available for tours, and the MOBIUS Curriculum will be made available to all elementary teachers of grades 4 through 6. 4 . 02 Location of Polycarts, Bins, Containers, Bags and Bundles for Collection (a) Each Polycart Container, Bag, Recycling Container and Bundle shall be placed at curbside for collection. Curbside refers to that portion of right-of-way adjacent to paved or traveled City roadways (including alleys) . Polycarts, Containers, Bags and Bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Polycarts, Containers, Bags and Bundles shall SOLID WASTE AND RECYCLING CONTRACT-Page 6 hjI1 mbox4\wylie\b-own.coo,OS30'95 be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Polycart, Container, Bag and Bundle not so placed or any Residential Refuse not contained in a Polycart. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a concrete pad according to individual agreement. Contractor may decline to collect Refuse in Bins not so placed. Placement of bin and size/construction of concrete pad shall be such that the front wheels of collection vehicles shall rest entirely on the pad while bin is lifted and emptied. 5. 00 COLLECTION OPERATION 5. 01 Hours of Operation (a) Collection of Residential Refuse shall not start before 7 : 00 a.m. or continue after 7: 00 p.m. on the same day. Exceptions to collection hours shall be affected only upon the mutual agreement of City and Contractor or when Contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. (b) Collection of residential brush and bulky waste, commercial and industrial refuse shall take place according to individual agreement. 5. 02 Routes of Collection (a) Residential Unit and Commercial collection routes shall be established by Contractor. Contractor shall submit a map designating the Residential Unit collection routes to City for their approval, which approval shall not be unreasonably withheld. City shall publish at its expense at least once during each calendar year a map of such Residential Unit collection routes in a newspaper published in the immediate area. The published map shall be of such size to clearly show all pertinent information. Contractor may from time-to- time propose to City for approval, changes in routes or days of collection affecting SOLID WASTE AND RECYCLING CONTRACT-Page 7 h j/L•jm bax4\wyl ic\bcowo.coa/083095 Residential Units, which approval shall not be unreasonably withheld. Upon City's approval of the proposed changes, City shall promptly give written or published notice to the affected Residential Units. (b) Commercial and Industrial Unit collection routes shall be established by Contractor at its sole discretion. 5. 03 Holidays Contractor may decide to observe any holidays as defined herein, but such decision does not relieve Contractor of his obligation to provide Refuse collection service at Residential units at least once per week. 5 . 04 Complaints - All complaints shall be made directly to Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the Refuse not collected within 24 hours after the complaint is received. Contractor shall be responsible for maintaining a log of complaints and inquiries and provide it to City on a monthly basis with copies of all complaints and inquiries indicating the date and hour of the complaint, nature of the complaint and inquiries and the manner and timing of its resolution. 5 . 05 Collection Equipment - Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles, Bins and other equipment shall be kept in good repair, appearance and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of Contractor. Bins for food service establishments shall be exchanged at least one time per year. 5. 06 Office - Contractor shall maintain an office or such other facilities within close proximity to City through which they can be contacted. Contractor shall secure an annual listing in the appropriate telephone directory under the name by which it conducts business in City. In addition, the listed telephone number shall be attended by a telephone answering machine, which will record calls received after normal business hours. It shall equipped with sufficient telephones, and the SOLID WASTE AND RECYCLING CONTRACT-Pagc 8 hj/lAmbo4\wylic\b-own. i095 office shall be staffed with sufficient, competent personnel to handle calls and inquiries during the office hours, which are 8 : 00 a.m. to 5: 00 p.m. Monday through Friday, excluding holidays as defined in this Contract. 5. 07 Non-Collection - Should a dispute arise between City, Contractor and/or a customer as to whether Contractor actually failed to make a collection (whether Contract missed a pick-up) , the decision of City's Mayor in such matter shall be final, and City and Contractor agree to abide by said decision. Contractor shall also provide notice to the customer of the reason for such non-collection (unless such non-collection is a result of the customer's failure to timely place the refuse or containers out for collection) . Contractor's notice to the customer shall be in writing, attached to the container or the front door of the residence or commercial business and shall indicate the nature of the violation and the correction required in order that such garbage may then be collected at the next regular collection date. 5 . 08 Interruption of Service - In the event that the collection and disposal of acceptable waste should be interrupted by any reason for more than forty- eight (48) hours, City shall have the right to make temporary independent arrangements for purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety, and Contractor shall pay to City all costs and expenses associated therewith within ten (10) days of notice of the costs and expenses. If the interruption of service mentioned above continues for a period of seventy-two (72) hours and is not the result of a force majeure, then City shall have the right to terminate this Contract. 5. 09 Hauling - All Refuse hauled by Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing are reasonably prevented. 5. 10 Disposal - All Refuse collected for disposal by Contractor shall be haul to a Disposal Site. 5. 11 Notification - City shall notify all Producers at Residential Units about complaint procedures, rates, regulations and day(s) for scheduled Refuse collection. SOLID WASTE AND RECYCLING CONTRACT-Page 9 hj/1:\mbox4\wyl cfrown.con,0S3095 5. 12 Point of Contact - All dealing, contacts, etc. , between Contractor and City shall be directed by Contractor to the City Manager or the City Finance Director. 6. 00 COMPLIANCE WITH LAW Contractor shall conduct operations under this Contract in compliance with all applicable laws. 7 . 00 EFFECTIVE DATE This Contract shall become effective upon the execution hereof by all parties and performance shall begin on September 1, 1995. 8 . 00 NONDISCRIMINATION Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin. 9 . 00 INDEMNITY Contractor will indemnify and save harmless City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees incident to any work done in the performance of this Contract arising out of any act or omission of Contractor, its officers, agents, servants and employees; provided, however, that Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of any act or omission of City, its officers, agents, servants and employees. 10. 00 INDEPENDENT CONTRACTOR Contractor is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it under the terms of this Contract. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between City and Contractor or any of Contractor's agents or employees. Contractor assumes exclusively the responsibility for its acts and the acts of its employees as they relate to the services to be provided during the course and scope of their employ. Contractor, its agents and employees, shall not be entitled to any rights or privileges of City's SOLID WASTE AND RECYCLING CONTRACT-Pagc 10 hjAAnb oc4\wytic\brown.conA 83O95 employees and shall not be 'considered in any manner to be a City employee(s) . 11. 00 LICENSES AND TAXES Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by City and by the State. 12 . 00 TERM The contract shall be for a five (5) year period beginning September 1, 1995 and ending five (5) years thereafter; except for earlier termination as provided herein. The initial term of this contract may be extended for successive additional five (5) year terms with the mutual agreement of both parties. 13 . 00 INSURANCE Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Workers' Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9 . 00. All insurance shall be by insurers and for policy limits acceptable to City; and before commencement of work hereunder, Contractor agrees to furnish to City certificates of insurance or other evidence satisfactory to City to the effect that such insurance has been procured and is in force. The policy or policies shall name City as additional insured, to the extent of Contractor's indemnification herein. The certificates shall contain the following express obligations: This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder and City. City may require that the limits stated herein be raised in the event liability of municipal governments is increased by case law, amendment to current statutes or any other state or federal legal requirements. SOLID WASTE AND RECYCLING CONTRACT-Page I I hyt mbeo[4\wylie\brnwn.coaAS3095 For the purpose of the Contract, Contractor shall carry the following types of insurance in at least the limits specified below: Worker's Compensation Statutory Employer's Liability $500, 000. 00 Bodily Injury Liability $500, 000 each occurrence Except Automobile $1, 000, 000 aggregate Property Damage Liability $500, 000 each occurrence Except Automobile $500, 000 aggregate Automobile Bodily Injury $500, 000 each person Liability $1, 000, 000 each occurrence Automobile Property Damage $500, 000 each occurrence Excess Umbrella Liability $5, 000, 000 each occurrence As an alternative to the above, Contractor may insure the above public liability and property coverage under a plan of self-insurance. Each insurance policy with respect to public liability insurance may provide for a self-insured retention of an amount of $250, 000. 00 with the result that Contractor is its own insurer to the extent the coverage may be provided by Contractor's parent corporation. Contractor agrees to furnish City with certificates satisfactory to City evidencing such plan of self-insurance. 14 . 00 BOND 14 . 01 Performance Bond - Contractor will be required to furnish a corporate surety bond as security for the performance of this Agreement. Said surety bond must be in the amount of $100, 000 . 00, with no pro-rata reduction over the term of the Agreement. The surety on the bond must be a duly authorized corporate surety company authorized to do business in the State of Texas and approved by City. 14 . 02 Power of Attorney - Attorneys-in-fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of the Power of Attorney. SOLID WASTE AND RECYCLING CONTRACT-Page 12 hylAmbox4\wytie\ rowacoe 083095 15. 00 BASIS AND METHOD OF PAYMENT 15. 01 Collection and Disposal Rates (a) The rate for collection services required to be performed pursuant to Sections 4 . 01 (a) , (b) and (c) shall be the rates set forth in Exhibit "A" , attached hereto and made a part hereof, subject to adjustment in accordance with Section 15. 02 . (b) For special collection provided by Contractor pursuant to Section 4 . 01 (d) , the charges are to be negotiated between Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to City for determination of a reasonable fee. (c) The Refuse collection charges provided by Sections_ . 01 (a) -(c) shall include all disposal costs. (d) In the event that any Commodity collected shall not be marketable for a period of 60 days or longer, City and Contractor, upon mutual agreement, shall eliminate that Commodity from the Recyclable Materials program and this Contract. 15. 02 Modification to Rates - Contractor may adjust the rates contained herein during the term of this Agreement to fully cover increases in costs resulting from (i) changes in any laws, ordinances, regulatory requirements or guidelines (including changes in construction or interpretation thereof or change in the manner or method of enforcement thereof) ; (ii) orders, judgments or directives of any court or governmental body of instrumentality thereto; or (iii) increased costs due to changes in location of disposal facilities and/or increases in disposal costs. Should its operation costs increase, Contractor may petition City for rate adjustments no more than once every 12 months during the term of this Contract. Any proposed rate adjustment shall be submitted to City as soon as practicable and be accompanied by adequate cost justification and documentation to allow for proper review SOLID WASTE AND RECYCLING CONTRACT-Page 13 hji1Ambox4\wylicV cown.00al1S3095 by City, which petition shall not be unreasonably denied. In the event City does not believe there is adequate cost justification and documentation to allow for a cost increase, City may deny Contractor's request for an operational cost increase. 15. 03 Contractor to Act as Collector - Contractor shall submit statements to and collect from all Commercial and Industrial Units for services provided by Contractor pursuant to Section 4 . 01 (c) (including Commercial Hand Collect and Shared Dumpsters) . 15. 04 Delinquent and Closed Accounts (a) Contractor shall discontinue Refuse collection service at any Residential Unit as set forth in a written notice sent to it by City. Upon further notification by City, Contractor shall resume Refuse collection on the next regularly scheduled collection day. City shall indemnify and hold Contractor harmless from any claims, suits, damages, liabilities or expenses (including, but not limited to, expenses of investigation and attorney' s fees) resulting from Contractor's discontinuing service at any location at the direction of City. (b) Contractor shall have the right to discontinue Refuse collection service at any Commercial and Industrial Unit, Commercial Hand Collect or Shared Dumpster delinquent in its payments. 15. 05 Contractor Billings to City - Contractor shall bill City for service rendered to Residential Units within ten (10) days following the end of the month, and City shall pay Contractor on or before the 15th day following the receipt of the invoice. Such billing and payment shall be based on the price rates and schedules set forth in the Contract Documents. Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not City collects from the customer for such service. SOLID WASTE AND RECYCLING CONTRACT-Page 14 hj lAmbax4\wyiie\bRrvn.o nAJ83O95 16. 00 TRANSFERABILITY OF CONTRACT Other than by operation of law, no assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by Contractor without the express written consent of City. In the event of any assignment, the assignee shall assume the liability of Contractor as though it was the original Contracting Party. 17. 00 EXCLUSIVE CONTRACT Contractor shall have a ninety-five (95%) franchise, license and privilege to provide refuse collection and removal and recycling collection within the corporate limits of City. 18 . 00 OWNERSHIP Title to Refuse Dead Animals and Recyclable Materials shall pass to Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container or removed by Contractor from the customer's premises, whichever last occurs. 19. 00 FRANCHISE FEE Contractor shall pay to City fifteen percent (15%) of all amounted received by Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to City on or before the 25th day of each month for amounts received by Contractor for the performance of services during the immediately preceding month. 20. 00 BOOKS AND RECORDS City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract, and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section . 02 . SOLID WASTE AND RECYCLING CONTRACT-Page 15 hjA:\n box4\wylic\bcown.mnlM83095 21. 00 REVOCATION In the event of an alleged breach by Contractor of any of the terms, covenants or conditions contained herein, City shall notify Contractor in writing by certified mail of such alleged breach, and if the same is not cured within fifteen (15) working days from such notice, City may, after a hearing as described herein, determine that a breach has occurred and remains uncured, and, therefore, cancel and revoke this Contract. The hearing prerequisites to such revocation shall not be held until notice of such hearing has been given to Contractor at the address shown herein, and a period of at least ten (10) days has elapsed since the mailing of such notice. The notice shall specify the time and place of the hearing and shall include the alleged reasons for cancellation and revocation of this Contract. The hearing shall be conducted in open session by the City Council of City, and Contractor shall be allowed to present evidence to answer such allegations as set out in the notice. If, after the hearing is concluded, the City Council of City determines that a breach of the terms, covenants or conditions of this Contract has occurred and remains uncured, the City Council of City may revoke and cancel this Contract and same shall be null and void. 22 . 00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to City: Attention: City Manager P.O. Box 428 Wylie, Texas 75098 If to Contractor: Attention: District Manager 4200 E. 14th Street Plano, Texas 75074 or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. SOLID WASTE AND RECYCLING CONTRACT-Page 16 hj/1_Vnb at4\wylie\brown.con/083095 23 . 00 APPROVAL This Contract shall not be considered fully executed nor binding on City or Contractor until the same shall have been executed by Contractor, the Mayor and the City Secretary of City. 24 . 00 AMENDMENT All provisions of this Contract shall be strictly complied with and conformed to by Contractor, and no amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. 25. 00 FORCE MAJEURE Notwithstanding anything herein to the contrary, Contractor shallhnot be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, Act of God or other similar or different contingency beyond the reasonable control of Contractor. 26. 00 SEVERABILITY In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 27. 00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. 28 . 00 SPECIAL PROVISIONS 28 . 01 City Facilities - Bin collection service for City facilities shall be provided at no charge. SOLID WASTE AND RECYCLING CONTRACT-Page 17 hj/L•\mbooc4\wyhc\brown•conN83095 28 . 02 Spring Clean-Up Campaign (a) Contractor shall provide up to ten (10) 30- cubic yard containers at a centralized Spring Clean-Up site. A minimum of eight containers shall be maintained on site at all times. (b) Contractor shall provide free collection and disposal to City, up to a maximum of 25 hauls of 30 cubic yards. 28 . 03 Pavement Damage in Alleys (a) Prior to the effective date of this Contract, a photographic survey shall be performed by representatives of City and Contractor to document all existing pavement damage in alleys. All such documented pavement damage shall be exempt from this provision of the Contract. (b) Contractor shall be responsible for the repair of damage to paved surfaces in alleys when such damage is caused by Contractor's collection equipment. Substantiation of cause shall be by mutual agreement of both parties. (c) Within thirty (30) days after receipt of a notice of damage, pending substantiation of cause and mutual agreement of both parties as outlined in Section . 03 (a) , Contractor shall arrange for satisfactory repair of the alley pavement or repairs will be performed by City forces and City reimbursed on a time and materials basis. Reimbursement for materials and labor shall be in the form of a credit on Contractor's next monthly billing for Residential collection service. 28 . 04 Contract Performance Review (a) Contractor's representatives shall meet with City's staff quarterly in order to review contract performance. Contractor shall notify City of the proposed time and place of such meetings, and meetings will be scheduled by mutual agreement. (b) Contractor's representatives shall meet once a year with the City Council for purposes of an annual contract performance review. SOLID WASTE AND RECYCLING CONTRACT-Pagc 18 bjA:\mbox4\wylic\biown con1083095 IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agent, hereto affix our signatures and seals as of this day of 1995. CITY OF WYLIE, TEXAS A Municipal Corporation of Collin unty, T as Cam S L of the City By: =,of Wy1= e; Texas', ,yor V 7.4 and U6414) r'''✓ ;Jl 1E City Manager ATTEST: 14,144 )4ttet City Secretary BROWNING-FE INDUSTRIE By: ri t nager ATTEST: SOLID WASTE AND RECYCLING CONTRACT-Page 19 h ji1Am bax4\wylicW rown.00a/083095 ATTACHMENT 'A THE CITY OF WYLIE, TEXAS SEPTEMBER REFUSE AND RECYCLING SERVICE: 1995 RATE Residential - Single Family $ 7. 39 Duplex Unit - Per Unit $ 7. 39 Trailer Park - Per Unit $ 7. 39 Additional Polycart, Per Unit $ 2 . 25 (Up to 50 Users) COMMERCIAL SERVICE: Commercial Hand Collect 2 x week $ 10. 00 Additional Polycart $ 3 . 50 2 cu. yd. 1 x week $ 37. 00 2 x week $ 79 . 00 3 x week $105. 00 3 cu. yd. 1 x week $ 51. 00 2 x week $ 95. 00 3 x week $147 . 00 4 cu. yd. 1 x week $ 76. 00 2 x week $121. 00 3 x week $171. 00 6 cu. yd. 1 x week $ 89 . 00 2 x week $145. 00 3 x week $215. 00 8 cu. yd. 1 x week $109 . 00 2 x week $187 . 00 3 x week $249. 00 EXTRA PICKUPS: 2 , 3 , 4 cu. yd. $ 28 . 00 6, 8 cu. yd. $ 32 . 00 SOLID WASTE AND RECYCLING CONTRACT-Page 20 hylAto lox4\wylie\browo.000d083095 SPECIAL CHARGES: Compactor Containers (42 cu. yd. ) Per Haul $250. 00 (includes disposal) (Plus equipment rental) Roll-Off Containers (30 cu. yd. ) Per Haul $225. 00 (includes disposal) Roll-Off Containers (30 cu. yd. ) Daily Rental $ 7. 00 Per Day Delivery & Exchange of Roll-Off $ 75. 00 Delivery & Exchange of Front Load Containers $ 50. 00 Polycart Purchase Price $ 60. 00 Return Check Charge $ 15. 00 Tires (each) $ 5. 00 SOLID WASTE AND RECYCLING CONTRACT'-Pagc 21 hj t\nobo4\wylic\brown.coa/083095 ATTACHMENT' B THE CITY OF WYLIE, TEXAS PERFORMANCE STANDARDS I. Residential and Commercial Hand Collection A. Schedule: Once weekly. B. Hours of Operation: 7 : 00 a.m. - 7 : 00 p.m. C. Placement: Curbside or Alley. D. Approved Containers: Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All refuse must fit inside the polycart with the lid closed; nothing outside the polycart will be collected with the regularly scheduled weekly service. Plastic bags may be used inside the polycart. E. Spillage: Any spillage caused by Contractor will be picked up immediately. Spillage caused by others or by inadequate containers will be the producer's responsibility. F. Brush and Bulky Item Collection Special collection of brush and bulky items (as defined in Paragraph 2 . 03 of the Contract) will be made available to Residents at the rate of $1. 50 per minute for time spent on collection, with a minimum charge of $15. 00 per collection. Residents must call Contractor's dispatch office to schedule collection. SOLID WASTE AND RECYCLING CONTRACT-Page 22 hj,t'nbox4\wylic\brown_oon 083095 G. Commercial Hand Collection Customers with an average weekly volume exceeding 2 polycarts twice a week will be required to use container service unless there are extraordinary circumstances. Any dispute in average weekly volume will be submitted to City officials decision. II. Residential Recycling A. Schedule: Once weekly. B. Hours of Operation: 7 : 00 a.m. - 7 : 00 p.m. C. Placement: Curbside or Alley. D. Approved Containers: 1. 18 gallon plastic bin. 2 . Additional bins may be purchased from Contractor by Producer:.- ._ III. Commercial Container Collection A. Container Size Available: 2 cu. yd. , 3 cu. yd. , 4 cu. yd. , 6 cu. yd. , 8 cu. yd. , 30 c yd. , 42 cu. yd. B. Schedules Available: Up to three times weekly. C. Hours of Operation: 7 : 00 a.m. - Completion. D. New Service: A listing will be maintained in the yellow pages. Requests for new service will be filled within five working days. E. Extra Collections: If notified by 10: 00 a.m. on service day, extra pick up will performed that day. After 10: 00 a.m. , we will attempt to make the pick up that day. If unable, it will be made the following service day. There is a charge for extra pickups and refills. F. Blocked Containers: If access to a container is blocked, the driver will radio our dispatcher. A call will be placed to the location describing the obstruction. The driver will wait until the customer is contacted and the obstruction cleared. If not cleared, the driver will proceed on route. Customer may call in for an extra pickup, if desired, when access is clear. Customer will be charged for extra pickups. G. Overfilled Containers: Container will not be emptied if a safety hazard exists. Customer will be contacted to SOLID WASTE AND RECYCLING CONTRACT-Page 23 hjA:\mbox4\wylie\brown.conA83095 remove excess. An extra pickup will be re-scheduled when excess refuse has been removed. Customer will be charged for extra pickups. H. Container Maintenance: Containers that have been damaged will be exchanged or repaired within 5 working days of notification. If the damage is not due to our servicing or a defect in materials and workmanship, a fee will be charged to the customer. The amount will depend on the repairs needed. All containers will be exchanged at reasonable intervals to maintain a good appearance considering type of refuse generated, normal wear and weathering. If an unsightly condition develops due to fire, paint or other causes beyond our control, the container will be exchanged upon the request of the customer. A maximum of $50 . 00 for refurbishing will be charged. Containers at food service establishments shall be exchanged at least one time per year. I . Gates and Enclosures: Assistance will be requested for opening and closing gates at those locations which desire to place containers in enclosures. If customer does not assist, an additional charge of $5. 00 per month per container times number of pickups per week will be added. J. Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. K. Casters: Casters are not available on our containers. L. Non-Payment: Customers will be notified in writing when 30 days past due. If unpaid after 45 days, customer will be notified in writing that service is being suspended until account is paid in full. A copy will be sent to the Finance Department and City Code Enforcement. If a customer is suspended twice, a deposit in the amount of one month's average billing will be required to re-establish service. This deposit will be refunded after one year of prompt payments by customer. IV. General A. Office Hours: 8: 00 a.m. - 5 : 00 p.m. Monday - Friday. B. Holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days may be omitted by Contractor; however, refuse collection service at residential units will be performed no less than once per week. SOLID WASTE AND RECYCLING CONTRACT-Pagc 24 hj/IAtnbox4\wylic\brnwn.con, 83095 .. . . . .. ...g...:....-.,......,...,::: :,e'..!:..wio lit: City: H-C, OU.: 0,C,...'y'y'!..1..' .:::::::...„.;-::::::::.:;:.::.::i..:..........:::.:::.:-.: --:.:-.:!:::-:-. .i.::.::!:. .....I i.i:'::.::::#:...1...:.0... .- ... Li .. .. . ....i..sondolosininthi..... .. .italig::::1004..soptent:: ::. . ber.:. 46:02: 9:5.1iiiii::;::: :::::;:.b::.:......:.. .. i. .:.. .; Ordinance'��. dopti t O 1 d r f c 'Coll: : . :.::.::::::.:::.:: ::.:::::.::::::::.::::::::..... .j.. .. _____________ ISSUE Council is requested to discuss and consider approval of an ordinance adopting a rate schedule for the collection and disposal of refuse and recyclable commodities. BACKGROUND Having granted a franchise to B.F.I. for the collection and disposal of refuse and recyclable commodities and, having entered into an agreement based on a proposal of new and revised rates for such collection, it will be necessary for the Council to adopt a new rate schedule in the form of an ordinance. The following proposed ordinance reflects the new residential rate to be charged by the City and the revised commercial collection rates billed by B.F.I., all of which were approved by Council in the award of the contract May 23. RECOMMENDATION Staff recommendation is for Council to approve the proposed ordinance adopting a rate schedule for the collection and disposal of refuse and recyclable commodities within the City of Wylie. ATTACHMENTS: Proposed Ordinance 0-1)41--\151.,chms ,Ne.n:4)(At (6624;itv Prepared By Approved By ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING FEES FOR THE RESIDENTIAL AND NON-RESIDENTIAL COLLECTION OF GARBAGE, TRASH, BRUSH AND RECYCLABLE MATERIALS; AMENDING SECTION 9 OF APPENDIX A TO THE WYLIE CITY CODE; AMENDING PORTIONS OF ORDINANCE 93-42 AND FURTHER REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has renegotiated its contract for solid waste refuse service with its current contractor Browning-Ferris Industries (BFI); and, WHEREAS, the new agreement with BFI provides for changes in rates to City for certain services, including a reduction in rates for residential services; and, WHEREAS, the City Council has determined that it is the rates the City is charging its customers for refuse services should be adjusted to reflect the reduction in prices which the City has received from BFI; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 9 of Appendix A to the Wylie City Code be, and it hereby is, amended as follows: Section 9.01(a) The rate for residential service is changed from $10.86 to $8.94 per month. Section 9.01(c) The rate for each unit of a single family detached or duplex (not master metered) is changed from $10.86 per month to $8.94 per month. Section 9.01(d) The rates for Duplex, Multi-family, Trailer Park are changed from $10.86 per month to $8.94 per month; and the rate for residential unit (utility customer outside City) is deleted from the rate schedule. Section 9.02(a) The base rate for commercial hand collection is changed from $15.72 for once per week collection of less than five bags (or approved containers) to $10.00 for twice per week collection of one 90 gallon polycart. 1 Section 9.02(b)-(c) The rates for five to twelve bags (or approved containers) per week are deleted and replaced by an additional fee of $3.50 for each additional polycart collected twice weekly. Section 9.03 Commercial Dumpster Charges are changed as follows: 2 cu. yd.- 1X $ 37.00/mo.; 2X $ 79.00/mo.; 3X $105.00/mo. 3 cu. yd.- 1X $ 51.00/mo.; 2X $ 95.00/mo.; 3X $147.00/mo. 4 cu. yd.- 1X $ 76.00/mo.; 2X $121.00/mo.; 3X $171.00/mo. 6 cu. yd.- 1X $ 89.00/mo.; 2X $145.00/mo.; 3X $215.00/mo. 8 cu. yd.- 1X $109.00/mo.; 2X $187.00/mo.; 3X $249.00/mo. 10 cu.yd.- deleted. Extra pickup rates are changed as follows: 2-4 cu. yd.- $28.00 each additional pickup. 6-8 cu. yd.- $32.00 each additional pickup. Section 9.03 Special Charges: The charge for a return check is changed from $15.20 to $15.00; and the per month rental rate for roll off containers is deleted. Other special charges are changed as follows: Compactor Containers- $250.00 per haul Roll-Off Containers- $225.00 per haul Roll-Off Daily Rental- $7.00 per day Roll-Off Delivery/Exchange- $75.00 Front End Delivery/Exchange- $50.00 Polycart Purchase- $60.00 each Tire Collection/Disposal- $5.00 each Additional Residential Cart- $2.25 per month Section 9.04 Fees for Tree,Shrub and Brush Trimmings,Newspapers and Magazines is deleted in its entirety and replaced with the following: Section 9.04 Fees for Special Collection of Brush and Bulky Waste Items Special collection of brush and bulky items will be made available to residents at the rate of$1.50 per minute for time spent on collection, with a minimum charge of$15.00 per collection. Section 9.05 Landfill Disposal Charges is deleted in its entirety. SECTION II In the event of non payment of charges for the above services City shall have the right to deny further service to such non paying person or customer. 2 SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26th day of September, 1995. By James D. Swartz Mayor ATTEST: Susan Shuler City Secretary 3