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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