01-09-1996 (City Council) Agenda Packet _ t
AGENDA
WYLIE CITY COUNCIL
Wylie Municipal Complex
January 9, 1996
7:00 p.m.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATION
1. Presentation by Library Director
2. Presentation by Boys and Girls Club
ACTION ITEMS
3. Discuss and Consider Approval of Resolution Naming Official Publication
4. Discuss and Consider Adoption of a Joint Use Agreement for the Central Park/Athletic
Field Complex Between the City of Wylie and The Wylie Independent School District
5. Discuss and Consider Approval of a Resolution Ratifying the Actions of the Parks and
Recreational Facilities Development Corporation in Their Designation of Parks and
Recreation Projects, Authorization of the Award of Bonds and Approval of the Official
Statement
6. Discuss and Consider Approval of a Work Order No. WYL-12 to Authorize the Hogan
Corporation to Proceed With a Drainage Study for the Flooding Conditions Along
Maxwell Creek
7. Discuss and Consider Award of the Contract for the Construction of a New 20" Water
Transmission Main along FM 544 from Westgate Way to FM 1378 (Part A) and Utility
Relocations Along State Highway 78 (Part B)
STAFF REPORTS
CITIZEN PARTICIPATION
ADJOURNMENT
Posted on this the 5th day of January, 1996 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
V ' l .City �Counci #1
gQnd4 Communication for January 9, 1996
Presentation 'by the Library Director
' ' City Ihr % 2
y It
flganda Communication for January 9, 1996
Presentation by The Boys 8 Gins club
Eric Dickerson will formally introduce the new director for the Wylie Teen Club a/k/a Boys and
Girls Club at the Council Meeting. He will also give a brief overview of the club opening and future goals
for the club.
Wylie City Council #3
agenda Communication for January 9, 1996
Resolution Naming Official Publication of the City
Issue
Discuss and Consider Resolution designating the Wylie News as the official publication of the City
for a single calendar year.
Background
There are two requirements that must be met for a newspaper to meet the statutory requirements
as a newspaper of general circulation. First the publication must be a "newspaper" as defined by Section
2051.044, Texas Government Code. The section defines the term "newspaper" as:
...any newspaper devoting not less than 25% of its total column lineage to the carrying of items of
general interest published not less frequently than once each week, entered as second class postal
matter in the county where published and having been published regularly and continuously not less
than twelve (12) months prior to the making of any publication...
The second issue to consider is whether a particular publication is a newspaper of general circulation.
The Wylie News meets the criteria for an official publication as provided by the statue and is the
publication of the City for the 1995 calendar year.
Legal Consideration
As stated in the City of Wylie Home Rule Charter, Article 11, Section 2, - "The City Council shall
declare an official newspaper of general circulation in the city. All ordinances, captions of ordinances,
notices and other matters required to be published by this charter, by city ordinances, or by the constitution
and laws of the State of Texas, shall be published in this official newspaper." Also, Texas Government
Code, Section 52.004 requires this action be taken by City Council during the first month (January).
Financial Consideration
N/A
Staff Recommendation
Staff recommends approval of the resolution naming The Wylie News as the official publication.
Attachments
(1) Resolution (2) Copy of Statute (3) Copy of Article 11, City Charter
pproved and repared By: City Manager Approval
•
Texas Government Code. Section 2051.044
defines the term"newspaper"as:
...any newspaper devoting not less than 25%
of its total column lineage to the carrying of
items of general interest published not less
frequently than once each week,entered as
second class postal matter in the county
•
where published and having been published
regularly and continuously not less than
twelve(12)months prior to the making of
any publication...
TEX.GOVT CODE ANN.,Section
2051.044(Vernon 1995).
The second issue to consider is whether
a particular publication is a newspaper of
general circulation. The term"general
circulation"was construed by a Texas court
in the case,City of Corpus Christi v.Jones,144
S.W.2d 388(Tex.Civ.App.-San Antonio
1940,writ dism'd). In holding the
• newspaper to be one of general circulation,
the court stated that although publicity was
given to the activities of churches and
religious organizations,the news coverage in
the newspaper was not restricted to such
activities and the paper contained news items
of general interest,editorials,and
advertisements. Furthermore,the paper had
a circulation of about 4,000 with 1,200 paid
subscribers in a city with a population of
45,000.
ORGANIZATION OF MUNICIPAL GOVERNMENT § 52.013
persons executing the' mayor shall sign the ordinances and resolutions that evidence of the adoption of the ordinance and of the
h day after the date of the mayor approves. required publication.
erred by the municipal.. (b) If the mayor does not sign an ordinance or (c) An ordinance required to be published by this
n• resolution before the fourth day after the date it is section takes effect when the publication requirement
pply to a referendum placed in the secretary's office and does not return the is satisfied unless the ordinance provides otherwise.
r the state constitution ordinance or resolution under Subsection(c), the ordi- An ordinance that is not required to be published by
nance or resolution takes effect as provided by law. this section takes effect when adopted unless the
h. 1, § 6(a), eff. Aug. 28, (c) If the mayor returns an ordinance or resolution ordinance provides otherwise.
to the governing body with a statement of objections (d) If a Type A general-law municipality publishes
before the fourth day after the date the ordinance or its ordinances in pamphlet or book form, the publica-
N OF MUNICIPAL resolution is placed in the secretary's office, the gov- tion in the official newspaper of an ordinance included
;ES erning body shall, on the return, reconsider the vote in the pamphlet or book is not required if the ordi-
by which the ordinance or resolution was adopted. If nance was published previously in the official newspa-
RAL PROVISIONS a majority of the total number of members of the ! per. A court shall admit without further proof an
�LITIESERAL governing body, excluding the mayor, approve the ; ordinance of a Type A general-law municipality that is
ordinance or resolution on reconsideration and enter published in pamphlet or book form as authorized by
the votes in the journal of the governing body's pro- the governing body if the ordinance was published
Type A General-Law Mu- ceedings, the ordinance or resolution may take effect. previously in the official newspaper.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Acts 1987,70th Leg.,ch. 149.§ 1,eff.Sept. 1, 1987. Amend-
Related Conditions for ed by Acts 1989, 71st Leg., ch. 194, § 1, eff. Aug. 28. 1989.
.ct. § 52.004. Official Newspaper
erved for expansion]
(a) As soon as practicable after the beginning of § 52.012. Type B General—Law Municipality
each municipal year,the governing body of the munic- (a) Before an ordinance or a bylaw of a Type B
[ON OF ORDINANCES ipality shall contract, as determined by ordinance or general-law municipality may be enforced, the ordi-
nicipality. resolution,with a public newspaper of the municipality nance or bylaw, or a caption that summarizes the
nicipality. to he the municipality's official newspaper until anoth- purpose of the ordinance or bylaw and the penalty for
er newspaper is selected. violating the ordinance or bylaw must be posted in
b) The governingbody publish in the munici three public places in the municipality or published in
RAL PROVISIONS shall
pality's official newspaper each ordinance, notice, or a newspaper that is published in the municipality. If
A GENERAL— no newspaper is published in the municipality, the
AI ITIES other matter required by law or ordinance to be ordinance, bylaw, or summary may be published in a
published. newspaper with general circulation in the municipali-
able to Type A Gener- Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
►lity ty.
[Sections 52.005 to 52.010 reserved for expansion] (b) Unless the publication is in a weekly newspaper,
r to a Type A general the governing body must post or publish the ordi-
SUBCHAPTER B. PUBLICATION nance, bylaw, or summary for at least two days. If
eff. Sept. 1, 1987. *; OF ORDINANCES
the publication is in a weekly newspaper, the govern
§ 52.011. Type A General—Law Municipality ing body shall publish the ordinance, bylaw, or sum
mary in one issue.
ce of the municipality`_ (a) If a Type A general-law municipality adopts an
ordinance that imposes a penalty, fine, or forfeiture, Acts 1987,70th Leg.,ch. 149,§ 1,eff.Sept. 1, 1987. Amend-
city council of the city'. Po ed by Acts 1989, 71st Leg.. ch. 194, § 2, eff. Aug. 28, 1989.
ality).„ t the ordinance, or a caption that summarizes the pur-
1 when the ordinance is pose of the ordinance and the penalty for violating the § 52.013. Home-Rule Municipalities
et. r ordinance, shall be published in: (a) The governing body of a home-rule municipality
eff. Sept. 1, 1987. (1) every issue of the official newspaper for two may publish a caption of an adopted ordinance that
days; or summarizes the purpose of the ordinance and any
r and Related Condi- (2) one issue of the newspaper if the official penalty for violating the ordinance in lieu of a require-
ance to Take Effect newspaper is a weekly paper. ment in the municipality's charter that the text of the
resolution adopted by (b) An affidavit by the printer or publisher of the ordinance be published.
municipality may take official newspaper verifying the publication shall be (b) If the charter of a home-rule municipality does
tion must be placed in filed in the office of the secretary of the municipality. not provide for the method of publication of an ordi-
the municipality. The In the courts of this state, the affidavit is prima facie nance, the full text of the ordinance or a caption that
63
Section 9: Existing Franchises: or by the constitution and laws of the State
Other Conditions of Texas, shall be published in this official
newspaper.
All franchises heretofore granted are
recognized as contracts between the city and Section 3: Nepotism
the franchisee and the contractual rights as
contained in such franchises shall not be No person related within the second degree
impaired by the provisions of this charter by affinity or within the third degree by
except for the following: consanguinity to the mayor or any city
council member or the city manager shall be
A. To license, regulate, control or prohibit employed or appointed to any position of the
the erection of signs or billboards or city. This does not apply to any person
other devices designed to attract the continuously employed for two (2) years
attention of members of the public. prior to the election or appointment of the
person related in the above degrees.
B. To license any lawful business,
occupation or calling subject to control Section 4: Oath
pursuant to the police powers of the
State of Texas. All elected and appointed officers of the city
shall take and sign the oath of office based
C. To license, regulate and fix charges on ones prescribed for state elective and
made for vehicles carrying passengers appointive offices, respectively, in the
or freight for hire on streets within the constitution of the State of Texas.
city.
Section 5: Personal Financial
D. To license,regulate, control and prohibit Interest
vendors and/or solicitors operating
within the city. No officer or employee of the city shall have
a financial interest, direct or indirect, in any
contract with the city. or shall be financially
ARTICLE 11 interested directly or indirectly, in the sale
to the city of any land, materials, supplies or
GENERAL AND TRANSITIONAL service, except on behalf of the city as an
PROVISIONS officer or employee. Any willful violation of
this section shall constitute malfeasance in
Section 1: Publicity office, and any officer or employee found
guilty thereof shall be subject to removal
All records of the city shall be open to from his office or position. Any violation of
inspection except for those that are closed to this section with the knowledge expressed or
the public by law. The records may be implied, of the person or corporation
examined and copied in the city office during contracting with the city council shall
normal office hours. The council may set render the contract involved void.
reasonable rates and fees for copying. Section 6: Assignment, Execution
Section 2: Official Newspaper and Garnishment
The city council shall declare an official The property, real and personal, belonging
newspaper of general circulation in the city. to the city shall be liable to be sold or
All ordinances, captions of ordinances, appropriated under any writ or execution of
notices and other matters required to be cost bill. The funds belonging to the city, in
published by this charter, by city ordinances, the hands of any person, firm, or
30
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION
TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE
WHEREAS, Section 52.004, Local Government Code, requires the City Council of
the City of Wylie, Texas ("City Council") to determine, by ordinance or resolution, a public
newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and
WHEREAS, the City Council finds that the Wylie News is a public newspaper of
general circulation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: That the City Council of the City of Wylie, Texas hereby determines
and establishes the Wylie News as the official newspaper for Wylie until the time that
another selection is made by the City Council.
SECTION 2: That this resolution shall take effective immediately upon its passage.
DULY RESOLVED by the City Council of the City of Wylie, Texas, and this the 9th
day of January, 1996.
James D. Swartz, Mayor
Susan Shuler, City Secretary
Wylie City Council #4
tganda Communication for janaary 9. '1996
Joint Use 0graamant for Central Park/athletic Field
Issue
Discuss and consider adoption of a Joint Use Agreement between the City of Wylie and the Wylie
Independent School District (WISD) regarding the Central Park/Athletic Field Complex.
Background
On November 14, 1995 the City Council approved a joint Resolution with the WISD which formally
established a working relationship between the two entities. The WISD Board approved the Resolution at
their November 20th meeting. The purpose of the Resolution was to ensure the continued communication
and cooperation that will be necessary to carry out the project.
This Joint Use Agreement must be included in the grant submittal to the Texas Parks and Wildlife
Department. The primary function of the Agreement is to begin to identify how the complex will be jointly
developed, used and maintained. This agreement is modeled after sample agreements which were supplied
to the City by J.T. Dunkin and Associates in their capacity as our consultants for the development of our
Master Park Plan, the Concept Plan for the Park, and for the grant submittal process.
The agreement establishes a Planning Committee made up of members appointed by the City and
the WISD whose job it will be to represent each entity in the planning and design process for the Park. The
Committee will meet this spring to finalize a Concept Plan and a more detailed, specific Joint Use
Agreement.
In addition, the Agreement identifies in general terms the responsibilities each entity has with regard
to the scheduling and use of the facilities, maintenance, capital expenditures and finances.
Legal Considerations
The Joint Use Agreement is for the purpose of the Grant submittal and is dynamic in nature and is
subject to change with the mutual agreement of both the WISD and the City.
Financial Considerations
The Agreement states that the site development costs will generally be incurred by the primary using
entity, and in the case of the joint development of facilities, each entity will pay its own proportionate share
of the costs. This Agreement does not specify any financial obligations for the City or the WISD.
Those items will be specifically identified in a future Agreement to be drafted by the Planning Committee
Board/Commission Recommendation
N/A
Staff Recommendation
N/A
Attachment
Joint Use Agreement
krinat
Prepare y City Manager Approval
JOINT USE AGREEMENT - CENTRAL PARK/ATHLETIC FIELD COMPLEX
WYLIE INDEPENDENT SCHOOL DISTRICT
CITY OF WYLIE
POLICY
Through the adoption of a joint Resolution, the WISD and the City have established a working
partnership by which the two entities agree to actively support each other's missions at all levels
of their organizations in order to provide for the continuous improvement of services to the
community. Specifically, WISD and the City recognize that a cooperative effort to provide such
services as park and recreational facilities will result in the provision of higher quality services
at lower costs to the citizens of Wylie.
PURPOSE
The purpose of this Joint Use Agreement is to define, subject to later agreements, the
implementation of the joint use of the Central Park area (the Property), the methodology by
which such joint use shall be shared during the term of this agreement, the method of
communications between the parties, and general administrative issues. The rules and
regulations contained in this Joint Use Agreement shall be reviewed and renewed annually with
the goal of maintaining an efficient procedure for implementing joint use of the Property which
is mutually beneficial to the WISD and the City.
PLANNING, DESIGN AND IMPLEMENTATION
It is recognized that the WISD has the responsibility for designing and providing facilities for
educational purposes and the City shares similar responsibilities for recreational purposes. This
Joint Use Agreement acknowledges the need for joint planning and design of the facilities to
more effectively use the tax dollar through joint utilization.
Toward this effort, each entity shall be represented in the planning and design process through
the establishment of a Planning Committee to consist of two members appointed by the WISD
and two members appointed by the City in addition to designated staff to be determined by the
Superintendent and the City Manager. Through this committee, either entity may request that
features be included in the plan, at their expense, which may be of benefit for their
programming but not normally provided by the other entity. The same committee may meet as
needed to ensure compliance with the procedures and to resolve any issues which may arise.
PROGRAMMING/APPROVED USES
WISD and the City agree to cooperate with each other for the operation of the Property. The
scheduling and coordination of the Property shall be governed by the following provisions. The
individual responsible for scheduling events and representing the WISD shall be the
Superintendent, or his designee. The individual responsible for the scheduling of events and
representing the City shall be the City Manager or his designee.
The WISD shall have scheduling responsibilities and priority use of the Football Stadium and
WISD practice fields. The City shall have scheduling responsibilities and priority use of the
soccer fields and the softball/baseball complex. The WISD and the City agree to supply to each
other any known scheduled use of the fields and park area as soon as those schedules become
available. All facilities shall be available to the general public as scheduling permits.
Consideration should be given to the provision of service by one entity to the other to prevent
duplication of services where one entity possesses the expertise, staff, equipment and facility to
better provide the service.
MAINTENANCE
The maintenance of grounds, equipment and facilities utilized for joint programming shall be
performed as agreed by both entities in such a manner as to realize the greatest savings to the
taxpayer, and which best meets the standards adopted for specific facilities.
CAPITAL EXPENDITURES
Both parties anticipate that additional capital expenditures will be required from time to time to
improve the joint facilities, to replace existing improvements and equipment, and to acquire or
develop other facilities. All capital expenditures shall require the consent and approval of both
entities and allocation of the cost and expense thereof, and any other matters relating to such
capital expenditures shall be made by agreement of the entities.
FINANCES
The site development costs shall generally be incurred by the primary using entity. In the case
of joint development of facilities, such as parking lots, each entity will pay its own proportionate
share of the costs consistent with applicable State law and local policies. The respective shares
will be mutually agreed upon in advance by the respective governing bodies, based on the
proportionate benefit to each entity.
AMENDMENT
This Agreement is dynamic in nature and is subject to change with the mutual agreement of both
the WISD and the City.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS ON THIS THE DAY OF , 1996.
Jim Swartz, Mayor
Attest:
Susan Shuler, City Secretary
DULY PASSED AND APPROVED BY THE SCHOOL BOARD OF THE WYLIE
INDEPENDENT SCHOOL DISTRICT, WYLIE, TEXAS ON THIS THE DAY OF
, 1996.
Dr. Ted Trimble, President
WyU • city Council
f1gr nda Communication for January 9, 1996
Resolution Ratifying fictions of the Parks& Recreational Facilities Dev. Corp.
Issue
The Wylie Parks and Recreation Facilities Development Corporation will convene at 6:30 p.m.,
January 9th in order to take action to award Bonds (or reject all bids) and to adopt a resolution
designating parks and recreation projects, authorizing the award of bonds in order to finance those
projects and approving the Official Statement. The City Council, during their regularly scheduled
meeting, will discuss and consider approval of a resolution ratifying the Board's actions.
Background
The Parks and Recreation Facilities Development Corporation was established in accordance
with State law as a result of the January 15, 1994 election approving the '/ cent sales tax for parks,
recreation, and library projects. The Board of Directors of the Corporation are:
Mayor Jim Swartz
Mayor Pro-Tern John Mondy
Councilmember Joel Scott
Councilmember Steve Wright
Kerry Carothers - Parks Board Member
Dan Chestnut - Parks Board Member
Jerri Smith - Library Board Member
As set out in the Articles of Incorporation, the Board has the power to provide financing to pay the
costs of projects through the issuance of bonds.
The projects to be considered by the Board are:
Central Park/Athletic Field $1,000,000
Community Center Renovation 175,000
Library Expansion 225,000
Other Library and Park Projects 100,000
A public hearing was held on December 19, 1995 in order to consider these projects, take public
comment, and proceed with the issuance of bonds which will finance these projects.
The award of Bonds will begin the process for the Library Board, the Park and Recreation Board,
the City Council and the WISD to design and construct the new Community Center, the renovations and
expansion of the Library and phase 1 of the Central Park Athletic Field Complex.
Financial Considerations
The Board will take action to award the Bonds, or reject all bids. The City Council will then take
action to ratify the actions of the Corporation during the regularly scheduled meeting at 7:00, January 9,
1996.
Legal Considerations
The authority to levy the '/ sales tax is established in the Development Corporation Act of 1979,
Article 5190.6, Section 4B, Vernon's Annotated Civil Statutes, as amended. The Act required the
creation of the Parks and Recreation Facilities Development Corporation which receives and manages
the sales tax receipts. The procedure for the approval of the projects and the issuance of the bonds is in
accordance with the Act as well as the Articles of Incorporation and the By-Laws for the Corporation.
Board/Commission Recommendation
N/A
Staff Recommendation
N/A
Attachment
Resolution
)(Y)Aitt eeeeVlik.
Prepared Dr City Manager Approval
RESOLUTION NO.
A RESOLUTION by the City Council of the City of Wylie,
Texas, relating to the "Wylie Park and Recreation
Facilities Development Corporation Sales Tax
Revenue Bonds, Series 1996"; approving (i) the
resolution of the Board of Directors of the Wylie
Park and Recreation Facilities Development
Corporation authorizing the issuance of such Bonds
and (ii) the execution, on behalf of the City, of
the Financing/Use Agreement relating to such
financing by the economic development corporation;
resolving other matters incident and related to the
issuance of such Bonds; and providing an effective
date.
WHEREAS, Wylie Park and Recreation Facilities Development
Corporation (the "Issuer") has been duly created and organized
pursuant to the provisions of Section 4B of the Development
Corporation Act of 1979, Article 5190. 6, Vernon's Texas Civil
Statutes, as amended (the "Act") ; and
WHEREAS, pursuant to the Act, the Issuer is empowered to issue
bonds for the purpose of defraying the cost of any "project"
defined as such by the Act; and
WHEREAS, the Act defines "project" to include land, buildings,
equipment, facilities, and improvements found by the Board of
Directors of the Issuer to be required or suitable for use for
amateur (including children's) sports, athletic, entertainment and
public park purposes and events or promote or develop new and
expanded business enterprises; and
WHEREAS, the Board of Directors of the Issuer has found and
determined that the development of a park and multi-purpose
athletic fields located on land adjacent to Wylie High School at FM
1378 and FM 544, the expansion and renovation of the Rita & Truett
Smith Library and the renovation of the Old Post Office located at
100 W. Oak Street for the purpose of creating a multi-use Community
Center (collectively, the "Projects") are projects within the
meaning of the Act required or suitable for use for amateur
(including children's) sports, athletic, entertainment and public
park purposes and events, and the costs of such Projects should be
financed from the proceeds of sale of $1,710, 000 "Wylie Park and
Recreation Facilities Development Corporation Sales Tax Revenue
Bonds, Series 1996" (the "Bonds") ; and
WHEREAS, Section 25(f) of the Act requires the City
Council of the City approve the resolution of the Issuer providing
for the issuance of the Bonds no more than sixty (60) days prior to
the delivery of the Bonds; now, therefore,
0302222
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
Section 1: The Resolution authorizing the issuance of
$1,710, 000 "Wylie Park and Recreation Facilities Development
Corporation Sales Tax Revenue Bonds, Series 1996", adopted by the
Issuer (the "Issuer Resolution") on January 9, 1996, and submitted
to the City Council this day, is hereby approved in all respects.
The Bonds are being issued to finance the construction of the
Projects, each located within the City of Wylie, and the City
agrees that upon receipt of the proceeds of sale of the Bonds from
the Issuer, the City will construct the Projects and thereafter be
fully responsible for the upkeep, maintenance and use of the
Projects.
Section 2: The approvals herein given are in accordance with
Section 25(f) of the Act, and the Bonds shall never be construed an
indebtedness or pledge of the City, or the State of Texas (the
"State") , within the meaning of any constitutional or statutory
provision, and the owner of the Bonds shall never be paid in whole
or in part out of any funds raised or to be raised by taxation
(other than sales tax proceeds as authorized pursuant to Section 4B
of the Act) or any other revenues of the Issuer, the City, or the
State, except those revenues assigned and pledged by the Issuer
Resolution.
Section 3: The City hereby agrees to promptly collect and
remit to the Issuer the Gross Sales Tax Revenues (as defined in
the Issuer Resolution) in accordance with the terms of the Issuer
Resolution and the Act to provide for the prompt payment of the
Bonds, and to assist and cooperate with the Issuer in the
enforcement and collection of sales and use taxes imposed on
behalf of the Issuer.
Section 4: The Financing/Use Agreement by and between the
City and the Issuer in relation to the Projects, attached hereto
as Exhibit A and incorporated by reference as a part of this
resolution for all purposes, with respect to the obligations of
the City and Issuer during the time the Bonds are outstanding, is
hereby approved as to form and substance and the Mayor and the
City Secretary are hereby authorized to execute and deliver such
agreement for and on behalf of the City and as the act and deed of
this City Council. Furthermore, the Mayor and the City Secretary
and the other officers of the City are hereby authorized, jointly
and severally, to execute and deliver such endorsements,
instruments, certificates, documents, or papers necessary and
advisable to carry out the intent and purposes of this Resolution.
0302222
-2-
Section 5: The City hereby acknowledges and recognizes that
the Bonds are being issued as tax exempt obligations under and
pursuant to section 103 (a) of the Code (as defined below) and the
proceeds of sale of such Bonds are to be deposited with the City
following their receipt by the Issuer and the City shall have full
control and responsibility with respect to the construction of the
Projects and the investment and disbursement of the proceeds of
sale of the Bonds. Therefore, as a result of the foregoing, the
City hereby makes the following representations and warranties to
the Issuer:
(a) Definitions. When used in this Section, the following
terms have the following meanings:
"Closing Date" means the date on which the Bonds
are first authenticated and delivered to the initial
purchasers against payment therefor.
"Code" means the Internal Revenue Code of 1986, as
amended by all legislation, if any, effective on or
before the Closing Date.
"Computation Date" has the meaning set forth in
Section 1. 148-1(b) of the Regulations.
"Gross Proceeds" means any proceeds as defined in
Section 1. 148-1(b) of the Regulations, and any
replacement proceeds as defined in Section 1. 148-1(c) of
the Regulations, of the Bonds.
"Investment" has the meaning set forth in Section
1. 148-1(b) of the Regulations.
"Nonpurpose Investment" means any investment
property, as defined in section 148 (b) of the Code, in
which Gross Proceeds of the Bonds are invested and which
is not acquired to carry out the governmental purposes
of the Bonds.
"Rebate Amount" has the meaning set forth in
Section 1. 148-1(b) of the Regulations.
"Regulations" means any proposed, temporary, or
final Income Tax Regulations issued pursuant to Sections
103 and 141 through 150 of the Code, and 103 of the
Internal Revenue Code of 1954, which are applicable to
the Bonds. Any reference to any specific Regulation
shall also mean, as appropriate, any proposed, temporary
or final Income Tax Regulation designed to supplement,
amend or replace the specific Regulation referenced.
0302222 -3-
"Yield" of (1) any Investment has the meaning set
forth in Section 1. 148-5 of the Regulations and (2) the
Bonds has the meaning set forth in Section 1. 148-4 of
the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall
not use, permit the use of, or omit to use Gross Proceeds or any
other amounts (or any property the acquisition, construction or
improvement of which is to be financed directly or indirectly with
Gross Proceeds) in a manner which if made or omitted,
respectively, would cause the interest on any Bond to become
includable in the gross income, as defined in section 61 of the
Code, of the owner thereof for federal income tax purposes.
Without limiting the generality of the foregoing, unless and until
the City receives a written opinion of counsel nationally
recognized in the field of municipal bond law to the effect that
failure to comply with such covenant will not adversely affect the
exemption from federal income tax of the interest on any Bond, the
City shall comply with each of the specific covenants in this
Section.
(c) No Private Use or Private Payments. Except as permitted
by section 141 of the Code and the Regulations and rulings
thereunder, the City shall at all times prior to the last Stated
Maturity of Bonds:
(1) exclusively own, operate and possess all
property the acquisition, construction or improvement of
which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Bonds, and not use
or permit the use of such Gross Proceeds (including all
contractual arrangements with terms different than those
applicable to the general public) or any property
acquired, constructed or improved with such Gross
Proceeds in any activity carried on by any person or
entity (including the United States or any agency,
department and instrumentality thereof) other than a
state or local government, unless such use is solely as
a member of the general public; and
(2) not directly or indirectly impose or accept
any charge or other payment by any person or entity who
is treated as using Gross Proceeds of the Bonds or any
property the acquisition, construction or improvement of
which is to be financed or refinanced directly or
indirectly with such Gross Proceeds, other than taxes of
general application within the City or interest earned
on investments acquired with such Gross Proceeds pending
application for their intended purposes.
0302222 -4-
(d) No Private Loan. Except to the extent permitted by
section 141 of the Code and the Regulations and rulings
thereunder, the City shall not use Gross Proceeds of the Bonds to
make or finance loans to any person or entity other than a state
or local government. For purposes of the foregoing covenant, such
Gross Proceeds are considered to be "loaned" to a person or entity
if: (1) property acquired, constructed or improved with such Gross
Proceeds is sold or leased to such person or entity in a
transaction which creates a debt for federal income tax purposes;
(2) capacity in or service from such property is committed to such
person or entity under a take-or-pay, output or similar contract
or arrangement; or (3) indirect benefits, or burdens and benefits
of ownership, of such Gross Proceeds or any property acquired,
constructed or improved with such Gross Proceeds are otherwise
transferred in a transaction which is the economic equivalent of
a loan.
(e) Not to Invest at Higher Yield. Except to the extent
permitted by section 148 of the Code and the Regulations and
rulings thereunder, the City shall not at any time prior to the
final Stated Maturity of the Bonds directly or indirectly invest
Gross Proceeds in any Investment (or use Gross Proceeds to replace
money so invested) , if as a result of such investment the Yield
from the Closing Date of all Investments acquired with Gross
Proceeds (or with money replaced thereby) , whether then held or
previously disposed of, exceeds the Yield of the Bonds.
(f) Not Federally Guaranteed. Except to the extent
permitted by section 149 (b) of the Code and the Regulations and
rulings thereunder, the City shall not take or omit to take any
action which would cause the Bonds to be federally guaranteed
within the meaning of section 149 (b) of the Code and the
Regulations and rulings thereunder.
(g) Payment of Rebatable Arbitrage. Except to the extent
otherwise provided in section 148 (f) of the Code and the
Regulations and rulings thereunder:
(1) The City shall account for all Gross Proceeds
(including all receipts, expenditures and investments
thereof) on its books of account separately and apart
from all other funds (and receipts, expenditures and
investments thereof) and shall retain all records of
accounting for at least six years after the day on which
the last Outstanding Bond is discharged. However, to
the extent permitted by law, the City may commingle
Gross Proceeds of the Bonds with other money of the
City, provided that the City separately accounts for
each receipt and expenditure of Gross Proceeds and the
obligations acquired therewith.
0302222 -5-
(2) Not less frequently than each Computation
Date, the City shall calculate the Rebate Amount in
accordance with rules set forth in section 148 (f) of the
Code and the Regulations and rulings thereunder. The
City shall maintain such calculations with its official
transcript of proceedings relating to the issuance of
the Bonds until six years after the final Computation
Date.
(3) As additional consideration for the purchase
of the Bonds by the Purchasers and the loan of the money
represented thereby and in order to induce such purchase
by measures designed to insure the excludability of the
interest thereon from the gross income of the owners
thereof for federal income tax purposes, the City shall
remit to the Issuer for payment to the United States the
amount described in paragraph (3) above and the amount
described in paragraph (4) below, at the times, in the
manner and accompanied by such forms or other
information as is or may be required by Section 148 (f)
of the Code and the Regulations and rulings thereunder.
(4) The City shall exercise reasonable diligence
to assure that no errors are made in the calculations
and payments required by paragraph (2) , and if an error
is made, to discover and promptly correct such error
within a reasonable amount of time thereafter (and in
all events within one hundred eighty (180) days after
discovery of the error) , including the amount remitted
to the Issuer for payment to the United States of any
additional Rebate Amount owed to it, interest thereon,
and any penalty imposed under Section 1. 148-3 (h) of the
Regulations.
Section 6: It is officially found, determined, and declared
that the meeting at which this Ordinance is adopted was open to
the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting,
including this Ordinance, was given, all as required by V.T.C.A. ,
Government Code, Chapter 551, as amended.
0302222 -6-
.
Section 7: This Resolution shall be in force and effect
from and after its passage on the date shown below.
PASSED AND ADOPTED, this January 9, 1996.
CITY OF WYLIE, TEXAS
Mayor
ATTEST:
City Secretary
(City Seal)
0302222 -7-
a HI3ITA
FINANCING/USE AGREEMENT
This Financing/Use Agreement (this "Agreement' ) is made to be
effective as of the 9th day of January, 1996, by and between the
City of Wylie, Texas, a duly incorporated and existing municipal
corporation and political subdivision of the State of Texas (the
"City") and the Wylie Park and Recreation Facilities Development
Corporation, a non-profit industrial development corporation
organized and existing under the laws of the State of Texas,
including Vernon's Ann. Civ. St. , Section 4B of Article 5190. 6,
(the "Corporation")
RECITALS
WHEREAS, the Corporation on behalf of the City is to finance
the development of a park and multi-purpose athletic fields located
on land adjacent to Wylie High School at FM 1378 and FM 544, the
expansion and renovation of the Rita & Truett Smith Library and the
renovation of the Old Post Office located at 100 W. Oak Street for
the purpose of creating a multi-use Community Center (collectively,
the "Projects") ; and
WHEREAS, such financing contemplates the issuance and sale of
the Corporation's tax exempt bonds in the principal amount of
$1,710, 000, and the proceeds of sale are to be used by the City to
design and construct the Projects; and
WHEREAS, the City will have full responsibility for the design
and construction of the Projects and the Corporation shall have no
duties or responsibilities with respect to the Projects other than
to provide for the financing of their costs;
AGREEMENT
1. Financing of Projects: For and in consideration of the
City's covenants and agreements herein contained and subject to the
terms contained herein, the Corporation hereby agrees to issue and
sale a series of obligations to be known as "Wylie Park and
Recreation Facilities Development Corporation Sales Tax Revenue
Bonds, Series 1996", hereinafter called the "Bonds" , and deposit
the proceeds of sale of the Bonds to a construction fund or account
to be designated by the City and the City hereby agrees and
covenants that all proceeds of sale deposited to the credit of such
construction account shall be used solely to pay the costs of the
Projects.
2 . Use of Projects. Until all the Bonds have been fully paid,
discharged and retired, the upkeep and maintenance of the Projects
will be the responsibility of the City and the Corporation shall
have no responsibility with respect to the operation, upkeep and
maintenance of the Projects.
0302234
3 . Recognition of Tax Exempt Financing. The City hereby
acknowledges and recognizes that the Bonds are being issued as
"state or local bonds" under and pursuant to section 103 (a) of the
Internal Revenue Code of 1986, as amended, and the City hereby
covenants and agrees with respect to the use of proceeds of sale of
the Bonds and the use of the Projects as follows:
(a) Definitions. When used in this Section, the following
terms have the following meanings:
"Closing Date" means the date on which the Bonds are
first authenticated and delivered to the initial
purchasers against payment therefor.
"Code" means the Internal Revenue Code of 1986, as
amended by all legislation, if any, effective on or
before the Closing Date.
"Computation Date" has the meaning set forth in
Section 1. 148-1(b) of the Regulations.
"Gross Proceeds" means any proceeds as defined in
Section 1. 148-1(b) of the Regulations, and any
replacement proceeds as defined in Section 1. 148-1 (c) of
the Regulations, of the Bonds.
"Investment" has the meaning set forth in Section
1. 148-1(b) of the Regulations.
"Nonpurpose Investment" means any investment
property, as defined in section 148 (b) of the Code, in
which Gross Proceeds of the Bonds are invested and which
is not acquired to carry out the governmental purposes of
the Bonds.
"Rebate Amount" has the meaning set forth in Section
1. 148-1(b) of the Regulations.
"Regulations" means any proposed, temporary, or
final Income Tax Regulations issued pursuant to Sections
103 and 141 through 150 of the Code, and 103 of the
Internal Revenue Code of 1954, which are applicable to
the Bonds. Any reference to any specific Regulation
shall also mean, as appropriate, any proposed, temporary
or final Income Tax Regulation designed to supplement,
amend or replace the specific Regulation referenced.
"Yield" of (1) any Investment has the meaning set
forth in Section 1. 148-5 of the Regulations and (2) the
Bonds has the meaning set forth in Section 1. 148-4 of the
Regulations.
0302234 -2-
, ! BIIA
(b) Not to Cause Interest to Become Taxable. The City shall
not use, permit the use of, or omit to use Gross Proceeds or any
other amounts (or any property the acquisition, construction or
improvement of which is to be financed directly or indirectly with
Gross Proceeds) in a manner which if made or omitted, respectively,
would cause the interest on any Bond to become includable in the
gross income, as defined in section 61 of the Code, of the owner
thereof for federal income tax purposes. Without limiting the
generality of the foregoing, unless and until the City receives a
written opinion of counsel nationally recognized in the field of
municipal bond law to the effect that failure to comply with such
covenant will not adversely affect the exemption from federal
income tax of the interest on any Bond, the City shall comply with
each of the specific covenants in this Section.
(c) No Private Use or Private Payments. Except as permitted
by section 141 of the Code and the Regulations and rulings
thereunder, the City shall at all times prior to the last Stated
Maturity of Bonds:
(1) exclusively own, operate and possess all
property the acquisition, construction or improvement of
which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Bonds, and not use
or permit the use of such Gross Proceeds (including all
contractual arrangements with terms different than those
applicable to the general public) or any property
acquired, constructed or improved with such Gross
Proceeds in any activity carried on by any person or
entity (including the United States or any agency,
department and instrumentality thereof) other than a
state or local government, unless such use is solely as
a member of the general public; and
(2) not directly or indirectly impose or accept any
charge or other payment by any person or entity who is
treated as using Gross Proceeds of the Bonds or any
property the acquisition, construction or improvement of
which is to be financed or refinanced directly or
indirectly with such Gross Proceeds, other than taxes of
general application within the City or interest earned on
investments acquired with such Gross Proceeds pending
application for their intended purposes.
(d) No Private Loan. Except to the extent permitted by
section 141 of the Code and the Regulations and rulings thereunder,
the City shall not use Gross Proceeds of the Bonds to make or
finance loans to any person or entity other than a state or local
government. For purposes of the foregoing covenant, such Gross
Proceeds are considered to be "loaned" to a person or entity if:
(1) property acquired, constructed or improved with such Gross
Proceeds is sold or leased to such person or entity in a
0302234 -3-
� ;,H BI I A
transaction which creates a debt for federal income tax purposes;
(2) capacity in or service from such property is committed to such
person or entity under a take-or-pay, output or similar contract or
arrangement; or (3) indirect benefits, or burdens and benefits of
ownership, of such Gross Proceeds or any property acquired,
constructed or improved with such Gross Proceeds are otherwise
transferred in a transaction which is the economic equivalent of a
loan.
(e) Not to Invest at Higher Yield. Except to the extent
permitted by section 148 of the Code and the Regulations and
rulings thereunder, the City shall not at any time prior to the
final Stated Maturity of the Bonds directly or indirectly invest
Gross Proceeds in any Investment (or use Gross Proceeds to replace
money so invested) , if as a result of such investment the Yield
from the Closing Date of all Investments acquired with Gross
Proceeds (or with money replaced thereby) , whether then held or
previously disposed of, exceeds the Yield of the Bonds.
(f) Not Federally Guaranteed. Except to the extent permitted
by section 149 (b) of the Code and the Regulations and rulings
thereunder, the City shall not take or omit to take any action
which would cause the Bonds to be federally guaranteed within the
meaning of section 149 (b) of the Code and the Regulations and
rulings thereunder.
(g) Payment of Rebatable Arbitrage. Except to the extent
otherwise provided in section 148 (f) of the Code and the
Regulations and rulings thereunder:
(1) The City shall account for all Gross Proceeds
(including all receipts, expenditures and investments
thereof) on its books of account separately and apart
from all other funds (and receipts, expenditures and
investments thereof) and shall retain all records of
accounting for at least six years after the day on which
the last Outstanding Bond is discharged. However, to the
extent permitted by law, the City may commingle Gross
Proceeds of the Bonds with other money of the City,
provided that the City separately accounts for each
receipt and expenditure of Gross Proceeds and the
obligations acquired therewith.
(2) Not less frequently than each Computation Date,
the City shall calculate the Rebate Amount in accordance
with rules set forth in section 148 (f) of the Code and
the Regulations and rulings thereunder. The City shall
maintain such calculations with its official transcript
of proceedings relating to the issuance of the Bonds
until six years after the final Computation Date.
0302234 -4-
n. I i A
(3) As additional consideration for the purchase of
the Bonds by the Purchasers and the use of the money
represented thereby and in order to induce such purchase
by measures designed to insure the excludability of the
interest thereon from the gross income of the owners
thereof for federal income tax purposes, the City shall
remit to the Corporation for payment to the United States
the amount described in paragraph (g) (2) above and the
amount described in paragraph (g) (4) below, at the times,
in the manner and accompanied by such forms or other
information as is or may be required by Section 148 (f) of
the Code and the Regulations and rulings thereunder.
(4) The City shall exercise reasonable diligence to
assure that no errors are made in the calculations and
payments required by paragraph (g) (2) , and if an error is
made, to discover and promptly correct such error within
a reasonable amount of time thereafter (and in all events
within one hundred eighty (180) days after discovery of
the error) , including the amount remitted to the
Corporation for payment to the United States of any
additional Rebate Amount owed to it, interest thereon,
and any penalty imposed under Section 1. 148-3 (h) of the
Regulations.
4. Receipt and Transfer of Proceeds of Sales Tax. The City
agrees, in cooperation with the Corporation, to take such actions
as are required to cause the "Gross Sales Tax Revenues" (as such
term is defined in the resolution authorizing the issuance of the
Bonds) received from the Comptroller of Public Accounts of the
State of Texas for and on behalf of the Corporation to be
transferred and deposited immediately upon receipt by the City to
the credit of the banking or monetary fund maintained at the
depository designated by the Corporation and known on the books and
records of the Corporation as the "Pledged Revenue Fund" .
5. Modifications. This Agreement shall not be changed
orally, and no executory agreement shall be effective to waive,
change, modify or discharge this Agreement in whole or in part
unless such executory agreement is in writing and is signed by the
parties against whom enforcement of any waiver, change,
modification or discharge is sought.
6. Entire Agreement. This Agreement, including the
Exhibits, contains the entire agreement between the parties
pertaining to the subject matter hereof and fully supersedes all
prior agreements and understandings between the parties pertaining
to such subject matter.
7. Counterparts. This Agreement may be executed in several
counterparts, and all such executed counterparts shall constitute
0302234 -5-
the same agreement. It shall be necessary to account for only one
such counterpart in proving this Agreement.
8. Severability. If any provision of this Agreement is
determined by a court of competent jurisdiction to be invalid or
unenforceable, the remainder of this Agreement shall nonetheless
remain in full force and effect.
9. Applicable Law. This Agreement shall in all respects be
governed by, and construed in accordance with, the substantive
federal laws of the United States and the laws of the State of
Texas.
10. Captions. The section headings appearing in this
Agreement are for convenience of reference only and are not
intended, to any extent and for any purpose, to limit or define the
text of any section or any subsection hereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement to be effective as of the date and year first above
written.
WYLIE PARK AND RECREATION FACILITIES
DEVELOPMENT CORPORATION
ATTEST: President
Secretary
(Corporation Seal)
CITY OF WYLIE, TEXAS
ATTEST: Mayor
City Secretary
(City Seal)
0302234 -6-
tHibU i A
viylle City council J,6
ft
Rgr nda Communication for January 9, 1996
approval of Work Order No. WYL-12 -Maxwell Creek Drainage Study
Issue
Discuss and Consider approval for Work Order No. WYL-12 which will constitute authorization by the
City of Wylie for the Hogan Corporation to proceed with a drainage study for the flooding conditions along
Maxwell Creek and its tributaries.
Background
The Wylie City Council considered the annexation of properties located along Hensley Lane, west
of State Highway 78. The attached map identifies the specific properties approved for annexation during
the December 19th meeting. Consideration of the remaining properties along Hensley Lane was tabled until
the January 23, 1996 City Council meeting until information could be obtained regarding the impacts of
Maxwell Creek on the area. The City Council requested that an evaluation be completed of potential
flooding conditions along Maxwell Creek and its tributaries in the vicinity of Hensley Lane between Sanden
Boulevard and Hooper Road. This information will be used to develop viable and cost-effective options for
improvements which would allow the City the ability to more effectively deal with the flooding conditions in
this area. This work order will permit The Hogan Corporation to perform the Engineering Services and other
such related additional services that may be authorized by the City for the study of drainage and flooding
conditions in the affected area.
Local conditions produce flooding of the low water crossing of the tributary to Maxwell Creek
approximately 2,100 feet east of Hooper road. The properties along the south side of Hensley Lane have
experienced flooding from waters retained by the Soil Conservation Service Dam to the south of Hensley
Lane and west of State Highway 78.
Financial Considerations
Under Section "C" of Work Order#WYL-12, total compensation for the scope of services shall be
the lump sum amount of $4,800. There are funds available in the General Fund, however, there are no
appropriations for Engineering Services. This project will require either a line item adjustment or an
amendment by City Council.
Legal Considerations
The information obtained in a study of this nature would allow the City to more effectively evaluate
options for dealing with potential flooding in the Hensley Lane vicinity. Having this type of detailed
knowledge may force the City into a position where the taxpaying public believes the City will or should
attempt corrective measures which may not be within our jurisdiction.
Board Recommendations
N/A
Staff Recommendations
City Staff recommends approval of Work Order No. WYL-12.
Attachments
Work Order No. WYL-12 which includes a list of all services that The Hogan Corporation will provide,
including a map of the general location and limits of the proposed project.
, I06,, q
4.k6
;k
Prepared By Community Dev. Appro al City Mgr. Approval
01/03/96 11:50 V214 490 7163 THE HOGAN CORP. 44-+ WYLIE-PRICE 10 002/005
January 3, 096
WORK ORDER FOR PROFESSIONAL SERVICES
WORK ORDER NO.WYL-12
This will constitute authorization by the City of Wylie, Texas (City), for The Hogan Corporation,
Engineers-Planners-Consultants, Dallas, Texas (Engineer), to proceed with the following described
engineering services.
DRAINAGE STUDY
FLOODING CONDITIONS ALONG IVIAXWELL CREEK
AND ITS TRIBUTARIES
IN THE VICINITY OF HENSLEY LANE
(BETWEEN SANDEN BOULEVARD AND HOOPER ROAD)
A. PROJECT DESCRIPTION
The City desires to investigate and evaluate flooding conditions along Maxwell Creek and its
Tributaries in the vicinity of Hensley Lane between Sanden Boulevard and Hooper Road and
to propose viable and cost-effective alternatives for improvements which will mitigate future
flooding conditions in the vicinity.
The Engineer shall perform the Engineering Services, and such other related Additional
Services that may be authorized by the City for the study of drainage and flooding conditions in
the affected area Local conditions produce flooding of the low water crossing of the tributary
to Maxwell Creek approximately 2,100 feet east of Hooper Road. The properties along the
south side of Hensley Lane have experienced flooding from waters retained by the Soil
Conservation Service Dam to the south of Hensley Lane and west of State Highway 78. The
affected properties are being considered for annexation in the first quarter of 1996.
A map is attached to show the general location and limits of the proposed project.
-1-
a
01/03/96 11:51 ' 214 490 7163 THE RUGAN CURD. 4-4-4 WYLIE-PRICE 003/U05
• January 3, 1996
The City hereby authorizes the Engineer to perform the following services in conjunction with
this project.
1. Review all prior studies of record for the drainage conditions in the Maxwell Creek
drainage basin, available historical rainfall information,and other available data.
2. Study contributing drainage areas and project the development of the drainage basin
and its effect on the hydrology of the basin.
3. Determine, as closely as possible,, the minimum initial improvements to be made in the
area to mitigate flooding to the property owners' and Hensley Lane.
4. Prepare a cost analysis of all known viable alternatives to determine the most feasible
approach to address the City's and property owners' concerns,
5. Prepare a letter report summarizing the results of the analyses, based on Items 1
through 4 above,including preliminary layouts, cost projections and recommendations.
6. Submit to the City, for review and comment, five (5) copies of the preliminary letter
report.
7. Meet with the City's representatives to discuss in detail the conclusions and
recommendations in the preliminary letter report.
8. Incorporate the City's review comments,and submit twenty(20)copies of the report to
the City.
9. Present and discuss the report in detail with the City Council.
The above described services are to be performed in accordance with the applicable sections of
the Agreement for Engineering Services by and between the City of Wylie, Texas (City), and
The Hogan Corporation(Engineer), as approved on July 27, 1993.
_2_
V1/ VJ/ VO 11: (jt14 42l1.1 lID.) 1nL. IIU'.ftV ',UXU. VV'!l VVJ
January 3, 1996
B. RESPONSIBTLITY OF THE CITY
Unless otherwise authorized in writing by the City for the Engineer to perform such other
additional or special services,the City shall be responsible for the following services:
1. Provide the Engineer the assistance needed for collecting data from City's records for
the design of the street paving, drainage, water, and sanitary sewerage system
improvements. The acceptance and use of the data furnished by the City to the
Engineer shall not operate to impose any obligation upon the Engineer to determine
that the data is true, accurate, complete,or correct.
2. Provide the services of a qualified surveyor to furnish any necessary field data for the
analysis and recommendations in this study.
C. BASIS OF COMM'ENSATION
1. Availability of Funds
The City agrees that funds,to the extent required, are currently available and sufficient
to complete all phases of the proposed services authorized under this Work Order.
All invoices submitted by the Engineer and approved by the City shall be paid by the
City within thirty(30)days of the invoice date.
For any payments not made within thirty (30) days, a charge will be made monthly in
the amount of one and one-half percent (1-1/2%) of the unpaid balance, beginning
thirty(3 0)days from the date of the statement.
2. Engineering Services
For performing the above services, the Engineer is to be paid on a monthly billing basis
in proportion to that part of the services proposed herein which has been accomplished,
as evidenced by monthly statements submitted by the Engineer and approved by the
City. Final payment shall be due upon completion of these services. The total
compensation for the scope of services described above shall be the lump sum amount
of S4,800.00.
-3-
01/03/9b 11:51 ''Z14 466 7163 THE HO(AN CORP. -,4-- WYL1H-YH1CH WJU65/UU5
January 3, 1996
3. Other Special Services-(As Directed By The City)
If authorized in writing by the City,the Engineer shall furnish other services or tasks in
addition to the scope of services proposed herein. For performing these special
services, the Engineer shall be paid on a monthly billing basis at a per diem rate of the
personnel's Salary Cost times a multiplier of 2.5, with the reimbursement of all direct
non-labor and subcontract expenses at the invoice cost plus 10 per cent for
coordination and handling.
C. COMPLETION SCHEDULE
The time projected for substantially completing the services, as described herein, is sixty (60)
calendar days after approval of this work order.
APPROVED: ACCEN't'EL):
CITY OF WYLIE,TEXAS THE HOGAN CORPORATION
By By
Mike Collins Gregory S.MacLean,P-E.
City Manager Vice President
Attest Attest
Date Date
-4-
a
11yie City council ji
Agenda Communication for January 9, 1996
Award Contract for Construction of New 20" Water Main
Issue
Discuss and Consider award of the contract for the Construction of a New 20" Water Transmission
Main along FM 544 from Westgate Way to FM 1378 (Part A) and Utility Relocations along State Highway
78 (Part B).
Background
Sealed bids were opened and read aloud on January 4, 1996. The apparent low bidder on these
projects was J & R Concrete & Utility Contracting. The Hogan Corporation is evaluating the bids and
checking the low bidders' qualifications. A detailed breakdown of bid prices and alternate bid items will be
provided to aid Council in evaluating the various options. Greg MacLean will be present at Council to
explain the bids received, answer any questions, and recommend award of contract.
In order to incur the least amount of confusion and inconvenience to the adjacent property owners,
the contractor(s)will be required to comply fully with the terms and conditions as specified in the Contract
Documents. These items will be addressed at the preconstruction meeting and required of the contractor(s):
1. Submit a detailed construction sequence plan including traffic control and project schedule for review
by the Engineer and Staff. The traffic control plan must allow access to all businesses and properties
adjacent to the project at all times.
2. Coordinate through City Staff a meeting with the adjacent businesses and property owners to discuss
the proposed plan and schedule and make adjustments if necessary.
3. Prepare a form letter of notification to be used to inform affected businesses of any construction
related activities which may affect access. This letter must be reviewed by staff prior to issuance.
4. Deliver letter of notification to affected parties 48 hours in advance of specified construction activity.
A copy must be simultaneously submitted to the City and Engineer.
5. Notify the City's Inspector as soon as possible as to any changes or problems which may affect the
progress of the project.
6. Prepare the monthly pay request and review it with the City Inspector prior to submittal to the
Engineer for further processing.
7. Coordinate with Staff and the Engineer monthly progress meetings to be held at the site to review
monthly progress and discuss any changes or problems.
8. Fully comply with all other aspects of the Contract Documents.
Financial Considerations
Financing for these two projects will be provided by funds from the 1995 Bond Package.
Legal Considerations
N/A
Board Considerations
N/A
Staff Recommendation
The Hogan Corporation will make a recommendation on award of these contracts at the January 9th
Council meeting.
Attachments
Letter of recommendation from the Engineer will be provided to the Council along with detailed bid
tabulation.
rirr Out 61,44;
Prepared By Comm. Dev. Approval City Mgr. Approval