05-14-1996 (City Council) Agenda Packet AGENDA
WYLIE CITY COUNCIL
Wylie Municipal Complex
May 14, 1996
7:00 p.m.
CALL TO ORDER
INVOCATION - Rev. Dan Stratton, Jesus Name Pentecostal Church
PLEDGE OF ALLEGIANCE
OATHS OF OFFICE - Newly Elected/Re-Elected Mayor& Councilmembers
ELECTION OF MAYOR PRO TEM
PRESENTATION
Update from BFI
CONSENT AGENDA ITEMS
1. Discuss and Consider Approval of Minutes from February 27, March 12, March 19, and
March 26, 1996
2. Discuss and Consider Approval of Naming an Acting City Manager in the City Manager's
Absence
3. Discuss and Consider Approval of a Resolution Authorizing the Request of the Chamber
of Commerce in Relation to the July Jubilee Celebration, July 18-20, 1996
ACTION ITEMS
4. Second Reading of Ordinance and Consider Approval of a New Franchise with Farmers
Electric Cooperative (FEC)
5. Discuss and Consider Approval of an Interlocal Cooperation Agreement with Collin
County for Public Works Projects
6. Discuss and Consider Approval of Final Acceptance of the Reconstruction of Paving and
Drainage Improvements for Regency Drive and Authorize Final Payment to Morrow
Construction
7. Discuss and Consider Approval of Amendments to the City of Wylie's Flood Plain
Ordinance 96-1
8. Discuss and Consider Award of the Contract for the TCDP Water and Wastewater
Project
9. Discuss and Consider Appointing Board of Director to the North Texas Municipal Water
District Board
STAFF REPORTS
CITIZEN PARTICIPATION
EXECUTIVE SESSION
11. Hold Executive Session Under Section 551.075 Conference With Employees To
Receive Information and Question Employees Regarding Pending Litigation, City of
Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas
219 Judicial District
ADJOURNMENT
Posted on this the 10th day of May, 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
Wy ire City counci #1
agenda Communication for May 14,, 1996
Minutes for February 27,' March 12 March 19 and March 26, 1996
iAry l e City Counci #
Agenda Communication for May 14, 1996
Naming Acting City Manager in Absence of City Manager
Issue
Discuss and consider ratifying recommendation of City Manager designating an Acting City Manager,
Mindy Manson.
Background
The City Charter requires the City Manager to designate by letter, filed with the City Secretary, an
alternate to perform the duties of the City Manager in the case of his absence or disability. The Acting City
Manager must be a qualified administrative officer of the city at the time of his/her designation.
The City Manager's designated alternate is Mindy Manson. She currently serves as Assistant to the
City Manager, and as a direct report to the City Manager, she has earned the respect and loyalty of the City
Management Team, as well as the City Council. Ms. Manson is involved in the day to day functions of the
City Manager's Office and is involved in all major issues. She is qualified to serve in the role as Acting City
Manager.
Board Recommendations
N/A
Financial Considerations
N/A
Legal Considerations
Article IV. Section 1: Acting City Manager of the City Charter establishes the process of appointing
the position. The Charter requires that "The City Council shall ratify the City Manager's designated
alternate."
Staff Recommendations
The City Manager recommends the appointment of Mindy Manson as Acting City Manager.
Attachments
Letter on file to the City Secretary
77) ) ,
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Prepared By City Mgr. Approval
1.1
URIC
April 26, 1996
The purpose of this letter is to formally name Mindy Manson as Acting City Manager.
She currently serves as Assistant to the City Manager and is a qualified administrative
officer of the City.
This action is consistent with The Wylie City Charter,Article IV- City Administration,
Section D.
Sincerely,
J1') AQ 41 thiv4.
Mike Collins
City Manager
MC/bas
2000 Highway 78 North•Wylie.Texas 75098•(214)442-8100•Fax(214)442-4302
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WyIir� city Coun #3
agenda Communication for May 14, 1996
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Resolution for July jubilee the Weak of July 18-Z0, 1996
Issue
Discuss and consider approval of a resolution authorizing the request of the Chamber of Commerce
in relation to the July Jubilee celebration July 18-20, 1996.
Background
Each year the Wylie Chamber of Commerce holds an annual July celebration. The Chamber is
requesting approval for request related to this celebration. The Chamber is asking that the Council grant
permission for the following items related to the celebration:
1) a carnival scheduled to run from on or about July 16-20
2) permission to hold a street dance on Ballard St., Friday, July 19. This will require Ballard St.
to be blocked off between Oak and Marble St. from 6:00 p.m. to Midnight
3) a parade on Saturday, July 20. This will be the regular parade route beginning at Oak and
Birmingham, East to Ballard, North on Ballard to Brown and then East on Brown.
4) permission to hang the Jubilee Banner over City right-of-way (Ballard) beginning the last week
in June.
Staff is in the currently working with the Chamber to ensure the proper permits are filed and
appropriate procedures are followed.
Board Recommendations
N/A
Financial Considerations
N/A
Legal Considerations
N/A
Staff Recommendations
These are all requests similar to those made by the Chamber last year and the Jubilee progressed
with no problems. Staff recommends approval of the requests.
Attachments
Resolution Approving Chamber of Commerce request
Letter dated April 26, 1996 from Chamber of Commerce
64&.,44-
Prepared By City Mgr. Approval
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AUTHORIZING THE REQUESTS OF THE CHAMBER OF
COMMERCE IN RELATION TO THE JULY JUBILEE CELEBRATION
SCHEDULED FOR JULY 18 THROUGH JULY 20, 1996
WHEREAS, the Wylie Chamber of Commerce had made specific requests relating
to the celebration, and
WHEREAS, the Wylie City Council deems the requests to be reasonable and in the
best interest of the celebration of our community pride, and
WHEREAS, the City Council has been assured that all necessary precautions will
be taken to protect the health, safety, and public welfare of the celebration participants and
the spectators
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, THAT:
SECTION 1. A letter dated April 26, 1996, from the Chamber of Commerce is
attached hereto as Exhibit "A" and is incorporated as a part of this resolution for the
purpose of approving requests made therein.
SECTION 2. That all requests as stated in Exhibit "A" are hereby approved with the
condition that all reasonable measures be taken to protect the health, safety, and public
welfare of all citizens, participants and spectators to the celebration events.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, THIS THE 14th day of May, 1996.
Jim Swartz, Mayor
Susan Shuler, City Secretary
fe/ CHAMBER OF COMMERCE
_�
April 26, 1996
Mr. Mike Collins, City Manager
City Council Members
City of Wylie
2000 Hwy 78 N.
Wylie, TX 75098
Thar Mr. Collins and Cnkinril Members:
The Wylie Chamber of Commerce respectfully requests permission to conduct various
events in conjunction with our annual July Jubilee Celebration July 18-20, 1996.
The carnival is scheduled to run from on or about July 16-20.
On Friday, July 19, The Retail Merchants Association requests permission to hold a street
dance beginning at 8:00 p.m. until 11:00 p.m. on Ballard between Oak St. and Marble St.
The Chamber is requesting that the City block off Marble between Oak and Marble from
6:00 p.m. until midnight on July 19.
The Jubilee Parade is scheduled to begin at 10:30 a.m. on Saturday, July 20. The
Chamber respectfully seeks permission from the city to block off Ballard St. north to
Provident Bank beginning at 8:00 a.m. on Saturday July 20. The parade route will be as
follows: staging area at Oak and Birmingham near the railroad, east on Oak to Ballard,
north on Ballard to Brown, east on Brown past Hillcrest Manor for disbursement.
The Chamber also seeks permission from the City of Wylie to hang our Jubilee banner
across Ballard Street beginning the last week in June.
The Chamber would like to take this opportunity to thank the City of Wylie for their
continued support and cooperation in the staging of this annual event.
Sincerely,
Bev Nemer, Office Manager r--,
ce: Shan English Jack Jones
Bill Rushing Bill Nelson
108 West Marble •Wylie, Texas 75098 .214/442-2804•FAX 214/442-2804
Wye CityCOunci #4
agenda Communication for May 14. 1996
Farmers Electric Cooperative (FEC)Franchise,Agreement - Second Public,Reading
Issue
Second of two required public readings of the ordinance and consider a new franchise agreement
with Farmers Electric Cooperative (FEC).
Background
The City's current non-exclusive franchise agreement with FEC was for a ten year period which
expired in December 1995. The franchise rate for the current contract was for three (3) percent of the
annual gross receipts for each calendar year received by FEC from the sales of all electric, heat, and
power service revenues within the City. The new franchise agreement proposes to increase the franchise
rate to four (4) percent and to limit the term of the contract to five (5) years. The increase to four (4)
percent would create a level playing field between FEC and TU Electric since both companies would be
then be using the same franchise rate. Members of FEC corporate management will be in attendance to
answer questions.
Financial Considerations
For calendar years 1994 and 1995 the franchise fees received from FEC were $20,873 and $21,909
respectively. The new franchise rate should generate approximately $29,200 for a full calendar year, which
would be an increase of $7,300 per year.
Legal Considerations
Article X, Section 3 of the City Charter requires that this ordinance be read at two (2) separate
regular meetings of the City Council, and shall not be acted upon until thirty (30) days after the first
reading. Within fifteen (15) days following the first reading of the ordinance, a summary of the ordinance
shall be published one (1) time in a newspaper of general circulation in the City. Any ordinance granting,
renewing, extending, or amending a public service franchise shall not take effect until thirty (30) days after
the final adoption.
Staff Recommendations
This is the second public reading of the ordinance. At the second reading of the ordinance the
Council can take public comment and take the necessary action on the ordinance.
Attachments
Draft of Ordinance granting a non-exclusive electric franchise to FEC.
Ti(I .
Prepared by Fina ce Dir. Approval City Mgr. Approva
CITY OF WYLIE, TEXAS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS GRANTING TO FARMERS
ELECTRIC COOPERATIVE, INC., ITS SUCCESSOR AND ASSIGNS THE
FRANCHISE AND RIGHTS TO CONDUCT THE BUSINESS OF ACQUIRING,
MAINTAINING, INSTALLING AND OPERATING AN ELECTRIC SYSTEM TO
THE CITY OF WYLIE AND THE INHABITANTS THEREOF; GRANTING THE
RIGHTS TO USE THE STREETS, ALLEYS AND OTHER PUBLIC WAYS IN THE
CITY FOR SUCH PURPOSES;PRESCRIBING THE CONDITIONS,
RESTRICTIONS, OBLIGATIONS AND LIMITATIONS UNDER WHICH SUCH
FRANCHISE SHALL BE EXERCISED; PROVIDING FOR ADEQUATE
COMPENSATION TO BE PAID TO THE CITY; PRESCRIBING THE TERMS OF
THE FRANCHISE;PROVIDING FOR SAVING, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, FARMERS ELECTRIC COOPERATIVE, INC., (the"COMPANY") is
now and has been engaged in the electric light, heat and power business in the state of Texas; and
WHEREAS, in furtherance of such business and for many years, the COMPANY erected
and maintained certain aspects of its distribution system in the CITY OF WYLIE, TEXAS,
("CITY") pursuant to rights granted the COMPANY under the laws and regulations of the state
of Texas, CITY and/or other governmental entity with the authority to contract with and regulate
the COMPANY; and
WHEREAS, the City Council for the CITY("City Council") has investigated and
determined that it will be advantageous and beneficial for the citizens of the CITY to grant to the
COMPANY the right to conduct its electrical business in the CITY and to enter into an
agreement governing the terms and conditions of that business; and
WHEREAS, it is to the mutual advantage of both the CITY and the COMPANY that an
agreement should be entered into between the COMPANY and the CITY establishing the
conditions under which the COMPANY shall operate in the CITY.
ORDINANCE GRANTING FRANCHISE TO FARMERS ELECTRIC -Page 1
wylie/contract/electric.ord
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1: There is hereby granted to COMPANY, its successors and assigns, the
right, privilege and franchise to acquire, maintain, install and operate an electric light, heat and
power business and system in the CITY for the purpose of distributing and transmitting electric
service to the City and its inhabitants for the considerations, and subject to the conditions, terms,
duties, obligations, limitations and regulations, hereinafter prescribed and subject to all statutes,
character provisions, ordinances, rules and regulations applicable to the COMPANY and its
operations. The use of the term CITY in this Ordinance shall hereinafter mean the CITY's
current corporate limits and shall include those corporate limits as may be extended by the CITY
from time to time.
SECTION 2: COMPANY is granted the right to have, acquire, place, remove, construct,
reconstruct, extend, maintain, and operate along, across, on, over, through, above, and under the
present and future streets, alleys, parkways, and other public grounds and places within the
CITY's limits, a system of poles, wires, anchors, cables, manholes, conduits, and other facilities
and equipment used in or incident to the giving of electric service in the CITY's limits.
SECTION 3: The poles, wires, anchors, cables, manholes, conduits, and other facilities,
construction, and appurtenances now used in or incident to the giving of the electric service and
other maintenance of the electric service and system by the COMPANY in the CITY shall remain
as now constructed, subject to: 1) such reasonable changes as may be considered necessary or
desirable by the CITY or other applicable regulatory authority; 2) any changes required as a result
of compliance with the limitations and conditions herein prescribed; and 3) any reasonable
changes required by any applicable statute, charter provision, ordinance, rule and regulation
ORDINANCE GRANTING FRANCHISE TO FARMERS ELECTRIC -Page 2
wylie/contract/electric.ord
governing the operation of COMPANY's business of furnishing electric services.
All extensions, replacements, construction or reconstruction of any such equipment or
facilities, and the location, relocation, routing and re-routing of all poles, wires, anchors, cables,
manholes and conduits undertaken by the COMPANY within the CITY, either overhead or
underground, shall be subject to reasonable control, regulation and direction of the CITY
Manager or his/her designated representative. All poles used in the electric light, heat and power
system shall be of sound material and reasonably straight. The poles shall be so set that they will
not interfere with the flow of water in any gutter or drain, and that they will interfere as little as
practicable with the ordinary travel on alleys, streets, or sidewalks.
SECTION 4: The surface of any street, alley, highway or public place disturbed by the
COMPANY in the building, constructing, renewing or maintaining of its electric plant and system
shall be restored to substantially the same state and condition as existed prior to the disturbance
by the COMPANY. The restoration shall be completed within a reasonable time, but no later
than sixty days (60) days after the completion of the COMPANY's work, and shall be completed
to the satisfaction of the CITY Manager or his/her designated representative. After restoration,
the surface of any street, alley, highway or public place disturbed by the COMPANY shall be
maintained to the satisfaction of the CITY Manager or his/her designated representative for one
(1)year from the date of the disturbance; after such time, maintenance shall become the
responsibility of the CITY. No street, alley, highway or public place shall be encumbered for a
longer period than shall be necessary to execute the work designated by the COMPANY. The
CITY may, from time to time, adopt reasonable ordinances regulating such work including, but
not limited to, the times and extent of any such encumbrances.
ORDINANCE GRANTING FRANCHISE TO FARMERS ELECTRIC -Page 3
wylie/contract/electric.ord
SECTION 5: The CITY shall at all times, have the right and power to require fair
and reasonable extensions and types of services offered to the inhabitants of the CITY, taking into
consideration the circumstances, conditions and costs involved. The CITY may, by ordinance,
adopt policies regulating such extensions and services, subject to any regulations of the state of
Texas or the United States which may supersede the CITY's ordinance.
SECTION 6: In conducting its business and in the construction, reconstruction, location
or relocation of any lines or equipment as provided herein, including but not limited to Section 12,
the COMPANY shall comply with all reasonable regulations and requirements of the CITY or
other applicable regulatory authority. Upon default by the COMPANY to comply with any
specific regulation or requirement of the CITY or other applicable regulatory authority, after
reasonable notice to the COMPANY and opportunity to be heard, the CITY may proceed to
perform or carry out such regulation or requirement, and any and all expenses incurred by the
CITY in such performance shall be borne by the COMPANY.
SECTION 7: The COMPANY shall indemnify and hold the CITY harmless from all
costs, expenses (including reasonable attorney's fees) and damages to persons or property arising
directly or indirectly out of the construction, maintenance or operation of the COMPANY'S
equipment and facilities, to the extent such costs, expenses and damages are found to be caused
by the negligent actions or intentional misconduct of the COMPANY. The COMPANY shall
have no duty to indemnify the CITY for any costs, expenses or damages to the extent such costs,
expenses or damages are found to be caused by the negligence of any other person or entity,
unless acting in an agency relationship with COMPANY.
ORDINANCE GRANTING FRANCHISE TO FARMERS ELECTRIC -Page 4
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SECTION 8: The COMPANY shall maintain all of its equipment and facilities in
reasonable operating condition at all times during the continuance of this Ordinance or franchise.
An exception to the requirements imposed by this paragraph is automatically in effect when
services furnished by the COMPANY is interrupted, impaired or prevented by fires, strikes, riots,
storms, floods or any other causalities or occurrences beyond the control of the COMPANY;
however, in case such events or occurrences, the COMPANY shall do all things reasonably within
its power to restore normal service as soon as practical.
SECTION 9: The COMPANY on the request of any person shall remove, raise or lower
its wires temporarily to permit the moving of houses or other bulky structures. The expense of
such temporary removal, raising or lowering wires shall be paid by the benefited party or parties,
and the COMPANY may require such payment in advance. The COMPANY shall be given not
less than seventy-two (72) hours advance notice for such temporary wire changes. The clearance
of wires above ground shall conform to the basic standards of the National Electrical Safety Code,
National Bureau of Standards, U. S. Department of Commerce, as promulgated at the time of
erection thereof.
SECTION 10: The COMPANY, its successors and assigns, is hereby granted the right,
license, privilege and/or permission needed to trim trees upon and overhanging the streets, alleys,
sidewalks and public places of the CITY, so as to prevent the branches from coming in contact
with the wires or cables of the COMPANY. The COMPANY shall be responsible for trimming
any tree at the request of the CITY MANAGER or his/her designated representative, and the
CITY shall have the right to supervise and direct any such request.
ORDINANCE GRANTING FRANCHISE TO FARMERS ELECTRIC -Page 5
wylie/contract/electric.ord
SECTION 11: To indemnify the CITY for the use of its streets, alleys and public
grounds authorized hereby, and to compensate the CITY for its superintendence of this franchise
and the performance of the CITY's regulatory functions (which such regulation the CITY shall
exercise and to which the COMPANY shall be subject to the extent authorized by law), the
COMPANY agrees to pay to the CITY annually a sum of money equal to four percent (4%) of
the annual gross receipts for the proceeding year received by the COMPANY from the sales of all
electric, heat and power service revenues within the CITY, with the first payment being due and
payable on March 15, 1997 and continuing with a like payment being due and payable on that
same date each year throughout the remainder of term of this franchise. Further, the parties agree
as follows:
A. On or before March 15, 1997, the COMPANY shall pay to the CITY a sum of
money equal in amount to four percent (4%) of the gross receipts received by the
COMPANY from the sales of all electric, heat and power service revenues within
the corporate limits of the CITY from January 1, 1996 to and including December
31, 1996.
B. Payments based on the gross receipts for each of the years subsequent to calendar
year 1995 shall be made on or before March 15, 1996.
C. The CITY agrees that the consideration set forth in the preceding paragraphs shall
be paid and received in lieu of any tax, license, charge, fee, rental, expense or any
other character of charge for use and occupancy of the streets, alleys and public
places in the CITY. This consideration is in lieu of any pole tax, inspection fee tax
and any easement or franchise tax whether levied as an ad valorem, special or
ORDINANCE GRANTING FRANCHISE TO FARMERS ELECTRIC -Page 6
wylie/contract/electric.ord
other character of tax. However, this consideration(1) shall not be in lieu of any
imposition expressly provided for herein, (2) shall not be in lieu of the usual
general or special ad valorem taxes now or hereafter levied, and (3) shall not be in
lieu of any other obligation to make payments or reimbursements to the CITY as
provided or required by applicable law.
SECTION 12: If reasonably ordered by the CITY in connection with the widening or
relocation of any street or alley, or other public improvement, the COMPANY shall, upon sixty
(60) days notice from the CITY, relocate any poles, conduits, wires and/or other structures and
appurtenances or any extension thereof, located within any present and future streets, alleys and
public places as so directed by the CITY. Such relocation shall be without cost to the CITY, and
shall be at the expense of the COMPANY. COMPANY shall give the CITY ninety(90) days
advance, written notice of the construction of any transmission line within the CITY.
SECTION 13: COMPANY shall use reasonable diligence to supply electric utility
service to aid CITY and its inhabitants. The service shall be subject to such rules, regulations and
service standards as may be approved by the CITY. The COMPANY may require reasonable
security for the payment of its bills.
SECTION 14: The COMPANY shall not discriminate against any person, corporation,
firm or association in the charge for gas service or in the services rendered under like
circumstances to customers of the same classification. The COMPANY will not directly or
indirectly grant any discount, or rebate, or use any other device to circumvent the applicable rate
schedule.
ORDINANCE GRANTING FRANCHISE TO FARMERS ELECTRIC -Page 7
wylie/contract/electric.ord
SECTION 15: The CITY, by the granting of this franchise, does not surrender or to
any extent lose, waive, imperil or lessen the lawful powers and rights now or hereinafter vested in
the CITY under the Constitution or the Statutes of the state of Texas and under the Charter of the
CITY to regulate the rates for services of the COMPANY; and the COMPANY, by its
acceptance of this franchise, agrees that all such lawful regulatory power and rights as the same
may from time to time be vested in the CITY shall be in full force and effect and subject to the
exercise thereof by the CITY at any time and from time to time.
SECTION 16: The CITY Manager or his/her designated representative shall have the
right, at all reasonable times, to inspect the books and records of the COMPANY relating to the
services provided to the City and its inhabitants.
SECTION 17: The COMPANY shall have available a map setting forth its distribution
system located within the CITY which map shall be corrected and brought up to date from time to
time.
SECTION 18: The COMPANY shall not sell, exchange, transfer, lease or assign the
property rights, franchise or privileges herein granted without thirty(30) days; prior written notice
of same to the CITY. Upon receipt of such notice the CITY shall at its option, (1)take no action
or(2) act to cancel this franchise as of the effective date of such sale, exchange, transfer, lease or
assignment. The term"assign" in addition to its generally accepted meaning, shall mean a transfer
of ownership of the controlling interest of the COMPANY, but shall not include assignment or
transfer to a trustee or trustees (individual or corporate) as security for bonds or other obligations
or securities.
ORDINANCE GRANTING FRANCHISE TO FARMERS ELECTRIC -Page 8
wylie/contract/electric.ord
SECTION 19: This agreement shall be in full force and effect for the period beginning
with the effective date hereof and ending five (5)years after such date. This Ordinance shall be
extended for an additional five (5)year period unless either party notifies the other party in
writing, delivered no less than ninety(90) days prior to the last day of the initial term, that it
declines to renew this Ordinance.
SECTION 20: This franchise is granted subject to the provisions of Section 2, Article X,
of the Charter of the CITY. Nothing contained in this franchise shall limit or interfere with any
power conferred upon the Public Utility Commission of Texas.
SECTION 21: In compliance with the provisions of the Charter of the CITY, this
ordinance, upon being introduced at a regular meeting of the CITY Council, shall be read at two
(2) separate regular meetings of the CITY Council, and shall not be finally acted upon until thirty
(30) days after the first reading. This Ordinance shall take effect thirty (30) days after its final
passage by the CITY Council and upon written acceptance by the COMPANY, which acceptance
shall be filed with the CITY Secretary within thirty(30) days after the final passage of this
Ordinance.
SECTION 22: The CITY Secretary is hereby authorized and directed to make
appropriate endorsements over his/her official hand and seal of the CITY, and attach such
endorsements for recording at the conclusion of this Ordinance. The CITY Secretary shall record
the date upon which this Ordinance shall take effect.
SECTION 23: It is hereby declared to be the intention of the CITY Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and if any
phrase, clause, sentence, of section of this Ordinance shall be declared unconstitutional or invalid
ORDINANCE GRANTING FRANCHISE TO FARMERS ELECTRIC -Page 9
wylie/contract/electric.ord
by any judgement or decree of a court of competent jurisdiction, such unconstitutional or invalid
by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any other remaining phrase, clause, sentence paragraph or section of this
Ordinance; and the CITY Council hereby declares it would have passed the remaining portions
even though it had known the affected parts would be held unconstitutional.
SECTION 24: All Ordinances in conflict herewith are repealed to the extent they are in
conflict. Any remaining portions of said ordinances shall remain in full force and effect
SECTION 25: A caption and summary if this ordinance shall be published in
accordance with Article X, Section 3 of the CITY Charter as well as provide for the effective date
being thirty(30) days after final adoption by the CITY Council.
SECTION 26: In accordance with the Charter of the CITY, this Ordinance shall
become effective on
PASSED AND APPROVED THIS THE DAY OF 1996
JAMES SWARTZ, MAYOR
ATTEST:
CITY SECRETARY
ORDINANCE GRANTING FRANCHISE TO FARMERS ELECTRIC -Page 10
wylie/contract/electric.ord
APPROVED AS TO FORM:
CITY ATTORNEY
DATE OF PUBLICATION: ,Wylie News
ORDINANCE GRANTING FRANCHISE TO FARMERS ELECTRIC -Page 11
wylie/contract/electric.ord
WyiiQ City council
5
Agenda Communication for May 14 1996
Approval of intatiocai Agreement with Collin County for Public Works Projects
Issue
Discuss and consider approval of an Interlocal Cooperation Agreement with Collin County for public
works projects.
Background
The Collin County Public Works Department reviewed their files recently, and discovered that there
was not a signed Interlocal Agreement which allows their department to participate with Wylie to provide
road improvements and maintenance inside Wylie's corporate city limits. The Resolution approved by the
Commissioner's Court states:
The Commissioner's Court may consider making or participating in
improvements or major repairs, such as sealcoats, overlays, or pavement
rebuilding, to roads and bridges that are on the official county thoroughfare
plan and that are within the corporate limits of a city. The Court may also
consider working on roads which are not on the Collin County Thoroughfare
Plan to include such items as providing dust control, grading, sealcoating,
mowing, or brush cutting, cleaning or drainage ditches, emergency repair of
bridges, culverts, etc.
The Thoroughfare Plan includes the major streets within Wylie such as Ballard Ave.,
Brown St., and Stone Rd. in addition to FM 544, FM 1378 and Hwy 78. The Plan also
includes future roads and road extensions.
The Collin County Commissioner's Court approved the language of this agreement
in 1990 in order to establish a consistent policy with regard to the County performing road
work within municipal boundaries. According to Mr. Bobby Atteberry, Director of Public
Works for Collin County, the County has been operating under the assumption that an
interlocal agreement had been approved and signed. As such, there has been no ill effect
on the City of Wylie over the past six (6) years due to the lack of a signed document.
Financial Considerations
The payment and reimbursement methods established in the agreement are
consistent with the methods of payment that have been utilized in previous years.
Legal Considerations
Upon signing the Interlocal Agreement, both parties will agree to the terms and
conditions as set forth in V.T.C.S. Chapter 791 of the Texas Government Code, therefore,
binding the City of Wylie and Collin County to the Agreement.
Board/Commission Recommendation
N/A
Staff Recommendation
N/A
Attachment
Letter from Collin County
Court Order No. 90-589-07-30, Collin County Commissioners' Court
Interlocal Cooperation Agreement
Prepa ed by City Manager Approval
t
Department of Public Works
Operations
April 19, 1996
Mr. Mike Collins, City Manager
City of Wylie
P.O. Box 428
Wylie,Tx. 75098
Re: Interlocal Agreement
Dear Mr. Collins:
On July 30, 1990,the Collin County Commissioners' Court adopted a Court Order allowing the Public
Works Department to participate with cities to provide road improvements and maintenance inside your
incorporated limits. In order to provide this service,we are required to have a signed Interlocal
Agreement between your City and Collin County.
Upon a review of our files,we noticed that we do not have a signed agreement with your city.
I have attached two(2)originals of the Interlocal Agreement along with the Court Order authorizing this
action for your review and for action.
If you desire to have such an agreement,please submit to your City Council for approval and forward to
my office. Upon receipt,I will place the item on the Commissioners' Court agenda for their approval and
send an original back to you for your files.
We look forward to working with you in the future and if you have any questions,please do not hesitate to
call me at 548-3701 or metro 424-1460 ext. 3701.
Sincerely
Bobby Atteberry
Director of Public Works
attachments
Pr
y :CD')
-s. I v n r _
di
700 A West Wilmeth
McKinney. Texas 75069•(214)548-3700.424-1460 ext. 2700(Metro). FAX (214)54R-R754
COURT ORDER NO. 90-509-07-30
•
THE STATE OF TEXAS ) ADOPTION OF COUNTY ROAD POLICIES
(CITIES) AMENDING PREVIOUS ORDERS
COUNTY OF COLLIN ) PUBLIC WORKS
On July 30, 1990, the Commissioners . Court of Collin County, Texas ,
met in special session with the following members present and partici-
pating, to wit:
Howard Thornton Commissioner, Precinct 1
Jerry Hoagland Commissioner, Precinct 2
John Witherspoon Commissioner, Presiding
Jack Hatchell Commissioner, Precinct 4
During such session the court considered the following resolution to
accomodate various changes regarding maintenance within city limits
and which shall replace and supersede all previous orders ( Ref . Court
Order Nos . Q1-544-10-05, 0i-096-02-22 , 04-790-11-12 and 05-506-00-12 ) :•
WHEREAS, the Collin County Commissioners ' Court desires that a
consistent policy be continued concerning road work performed by the
county within the corporate limits of cities ; and
WHEREAS, each city in Collin County has the responsibility to maintain
the roads and bridges within the city; and
WHEREAS, Collin County has limited funds , personnel and equipment to
apply to work in cities ;
NOW T1IEREFORES BE IT RESOLVED that the following policy be adopted: ,
1 . The commissioners ' court may consider making or participating in
' improvements or major repairs , such as sealcoats , overlays , or
pavement rebuilding, to roads and bridges that are on the official,
county thoroughfare plan and that are within the corporate limits
of a city. The court may also consider working on roads which are
not on the Collin County Thoroughfare Plan to include such items ,
as providing dust control , grading, sealcoating, mowing, or brush
cutting, cleaning of drainage ditches , emergency repair of bridges
and culverts , etc .
2 . If road or bridge improvements or repairs are authorized on a
thoroughfare road by the commissioners ' court, the city will be
required to reimburse the county for the cost of the materials
used in the project or for one-half of the total cost of the
project (including labor and equipment) , whichever is greater. If,'
work is authorized on a non-thoroughfare road by commissioners''
court, the city will be required to reimburse the county for the
total cost of the work, to include materials , equipment and labor.
COURT ORDER NO. 90-509-07-30
PAGE 2
3 . All requests must be submitted to the director of public works by
April 1 of the year prior to the year improvements are desired to
be made. Emergency requests will be evaluated by the.
commissioners ' court and upon the merits presented by the
requesting city.
4 . Authorization for work in cities can only be given by the commis-
sioners ' court.
5 . Prior to commencement of any authorized project, the city must
place the required amount in escrow in a Collin County bank.
Approved, ordered and dated this the 3()fh day of July, 1990 .
� . S)
John D. \therspoon, Commissi er, Presiding
Collin County, T E X A S
ATTEST:
`ogiti l nw,4
A,
•
He en Starnes , Ex- icio Clerk ;�bJ��
Commissioners ' ourt • ��
Collin County, TEXAS S : --, •
�11J1*II1{{to.`,```
•
7
INTERLOCAL COOPERATION AGREEMENT
WHEREAS, the Interlocal Cooperation Act, Article 4413
( 32c) , Vernon' s Annotated Civil Statutes (the "Act" ) , and
the Constitution of the State of Texas, Article III, Section
64 (b) (the "Constitution" ) , specifically authorize counties
and other political subdivisions comprised or located within
the County, to contract with one another for the performance
of governmental functions and/or services required or
authorized by the Constitution, or the laws of this State,
- under the terms and conditions prescribed in the Act; and
WHEREAS, the functions and/or services contemplated to
be performed by Collin County, Texas, as set out herein, are
governmental functions and/or services contemplated by the
terms of the Act and are functions and/or services which
each of the parties hereto have independent authority to
pursue, notwithstanding this Agreement; and
WHEREAS, both the County and the political subdivision ,
named herin are desirous of entering into this Interlocal
Cooperation Agreement, as is evidenced by the resolutions
or orders of their respective governing bodies approving
this Agreement which are attached hereto and made a part
hereof.
NOW, THEREFORE, THIS AGREEMENT is hereby made and
entered into by and between Collin County, Texas, a
political subdivision of the State of Texas, and
, political subdivision of the
state of Texas
INTERLOCAL COOPERATION AGREETMENT Page 1
which is wholly or partially located within Collin County,
Texas . Consideration for this Agreement consists of the
mutual covenants contained herein, as well as any monetary
consideration which may be stated herein. This agreement is
as follows, to-wit:
I .
As requested by the political subdivision named herein,
Collin County, Texas , acting by and through its duly
authorized agents and employees, agrees to provide said
political subdivision with the following described
governmental functions and/or services :
ROAD MAINTENANCE IN ACCORDANCE WITH COURT ORDER NO.
90-589-07-30 (COPY ATTACHED) .
II .
As consideration for the above-described governmental
functions and/or services, said political subdivision agrees
to pay to Collin County, Texas, in accordance with the
advance cost estimate submitted to them for work they have
requested in the amount and upon the following terms and
conditions : :
1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF
BILL FOR SAME.
2) . PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR,
EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY. •
INTERLOCAL COOPERATION AGREEMENT Page 2
III .
Each party hereto agrees to defend and indemnify the
other from any claims, demands, costs or judgments arising
out of any negligent act or omission of their respective
employees or agents in the performance of the governmental
functions and/or services under this Agreement,
IV.
This Agreement shall be effective from and after the
passage of enabling resolutions or orders by the governing
bodies of the parties hereto and the execution hereof by
each of the authorized representatives of the political
subdivisions who are parties hereto and shall remain in
effect until revised or terminated, as agreed upon by
both parties .
COLLIN COUNTY, TEXAS
Date:
By:
Title: County Judge
INTERLOCAL COOPERATION AGREEMENT Page 3
(Political Subdivision
Date:
By:
Title:
INTERLOCAL COOPERATION AGREEMENT Page 4
W'yi ¢ City Council il 6
ft
agenda Communication for May14, 1996
Final Payment on Regency Drive
....mmimmiimimiummimminimmiummilimmomm.............mmil
Issue
Discuss and Consider final acceptance of the reconstruction of paving and drainage improvements
for Regency Drive, and provide authorization for final payment to Morrow construction in the amount of
$26,340.07.
Background
Morrow Construction was awarded the contract for the reconstruction of paving and drainage
improvements for Regency Drive at the September 12, 1995 City Council Meeting. Construction began on
October 23, 1995 and was substantially completed within the allotted contract time. A final walk through was
conducted by City Staff and members of The Hogan Corporation on Monday, April 15, 1996.
Acceptance will initiate the one-year warranty period in which the contractor is liable for any repairs
which may be required in that time period. A provision in the contract provides that the warranty period
begins on the date of final acceptance by the City.
Board Recommendations
N/A
Financial Considerations
This project was financed through funds from the 1995 Bond Package. The original contract amount
was for$249,253.00. The final contract amount is $263,400.65. The difference is due to overruns in the
quantity of work actually performed, primarily related to two field changes. The first change involved the
relocation of the existing 8"water main on Regency in conflict with the proposed storm sewer. The contract
envisioned the relocation of 30 lineal feet of existing pipe; however, approximately four times that quantity
had to be lowered, due to the actual location of the line being different than City records indicated. The
second change involved revisions to the ditch along Steel Road. Additional corrugated metal pipe culvert
was installed in the westerly segment of the ditch to eliminate excessive depths and to address associated
safety and maintenance concerns.
Considering the final project amounts of Regency Drive and Cooper Drive together (projects were
grouped in one bid package), the net overall difference is an increase of $2,553, or approximately 1/2% of
the original contract amounts.
Legal Considerations
One of the property owners along Steel Road, American Steam, has issued a series of letters to the
Contractor, claiming the Contractor trespassed on their property which was within the road R.O.W. They
objected to the work associated with the re-grading of the ditch along Steel Road. The Engineer with the
Hogan Corporation issued a response letter to American Steam detailing the scope of work relating to the
roadside ditch and extension of storm sewers from Regency Drive to the creek. The letter details the
reasons for the reconstruction and describes the materials used, type and size of culverts used, their load
carrying capacity, culvert embedment and trench backfill compaction, and driveway repair. The letter
continues to state that the improvements are appropriate for the intended purposes and are typical of similar
public utility and drainage improvement work. They also presented American Steam with record documents
which dedicated the Steel Road R.O.W and utility easement. American Steam's latest letter states that they
intend to pursue legal actions against the Contractor.
Staff Recommendations
Staff recommends final acceptance of the project and final payment to Morrow Construction. The
contractor has satisfactorily fulfilled the terms of the contract.
Attachments
Affidavit of Final Payment, Final pay estimate and recommendation letter from the Hogan
Corporation.
aa4
7ff)..1a.
Prepared Community Dev. Approv City Mgr. Approval
THE HOGAN CORPORATION
Engineers • Planners • Consultants
May 8, 1996
Honorable Mayor and City Council
City of Wylie
P.O. Box 428
Wylie, Texas 75098
ATTN: Mr. Mike Collins
RE: Regency Drive Paving and Drainage Improvements
THC#002-27.40
Dear Mr. Collins:
Submitted herewith please find four(4) copies of Morrow Construction Company's Pay Estimate No. 4
and FINAL for the referenced project, in the amount of$26,340.06. A final site review was conducted on
April 15, and the contractor has since resolved most of the punch list items.
The contract time of 120 calendar days was initiated with a Notice to Proceed effective October 23,
1995. While final completion was delayed due to modifications to the ditch on Steel Road, the street and
associated facilities were open and being fully utilized before the contract completion date of February
19, 1996. It is our opinion, therefore, that the work was substantially completed by that date.
The final, total amount of work completed based on quantities actually installed is$263,400.65, or
$14,1147.65 over the contract amount of$249,253.00. The difference is due to overruns in quantities
actually placed, primarily in two line items. The contract included relocation of 30 linear feet of existing
8"water main on Regency in conflict with the proposed storm sewer. Approximately four times that
quantity had to be lowered, due to the actual location of the line being different than City records
indicated. The second significant overrun occurred with the corrugated pipe culvert along Steel Road,
for which additional length was needed to eliminate excessive ditch depths.
Based on our general review of the project site and discussions with the City's construction observer, it is
our opinion that the work has been constructed in general conformance with the approved plans and
specifications. We therefore recommend the City of Wylie make final payment to Morrow Construction
Company and accept the construction project with a one (1) year warranty period commencing on the
date of acceptance, as stipulated in the Contract Supplementary General Conditions SGC - 13.12.
Please execute all copies in the spaces provided, forwarding one copy to Morrow Construction Company
with their payment, and returning one copy to us for our files. Please do not hesitate to call if there are
any comments or questions on the enclosed.
Very truly yours,
THE HOGAN CORPORATION
Laarto K
, Larry K. Fuson, P.E.
j6 Vice President
Enclosures
% Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620
e, Member,American Consulting Engineers Council North Dallas Bank Tower
Dallas, Texas 75230
TEL:(214) 392-4600
FAX:(214)490-7163
APPLICATION FOR PAYMENT NO. 4 (Final)
Owner: City of Wylie For Period From: March 29, 1996
To: March 29, 1996
Project Name: Regency Dr.Paving and Drainge Imprv. (Final)
Owner's Project No.: Engineer's Project No.: 002-27.40
Contractor: Morrow Construction
Address: P.O. Box 158
Lavon,TX 75166
CONTRACT AMOUNT CONTRACT TIME
Amount of Contract as Awarded: $249,253.00 Contract Date: September 22, 1995
Change Orders: Start Date: October 23, 1995
#1 Time Allotted: 120 cal.days
#2 Time Extensions: 0 cal.days
#3 Revised Contract Time: 120 cal.days
#4 Elapsed: 158 cal.days
#5 %Time Elapsed: 131.67%
#6 Remaining: -38 cal.days
Total Change Orders: $0.00
Total Adjusted Contract: $249,253.00
ESTIMATE SUMMARY
Amount Earned to Date(see attached): $263,400.65
Material on Hand(see attached): $0.00
PROJECT TOTAL TO DATE: 105.68% (Final) $263,400.65
Less 0% Retainage: $0.00
Less Previous Payments: $237,060.59
Total Deductions: $237,060.59 ($237,060.59)
TOTAL AMOUNT DUE THIS ESTIMATE: $26,340.06
Requested: Recommended: ng� Approved:
(see a 4fo ec!) LLJ K ►���
By: By: By:
Date: Date: Date:
Contractor Engineer Owner
5/8/96 Page 1 APL-PMT4-regency
APPLICATION FOR PAYMENT NO. L4
Owners: City of Wy i i e For Period From: / /
To: / /
Project Name:
Regency Dr. - Paving & Drainage
J
Owner's Project No.: Engineer's Project No.:
Contractor: Morrow Construction
Address: P.O.Box 158
Lavon, TX 75166
CONTRACT AMOUNT CONTRACT TIME
Amount of Contract as Awarded; $ Contract Date: / /
Change Orders: Start Date: / /
Time Allotted: cal. days
"Time Extensions: - cal.days
Revised Contract Time: cal. days
Elapsed: cal days
Remaining: cal days
Total Change Orders: $
-Total AdjustedCuutract: "
ESTIMATE SUMMARY
"' 4nao nt arnedta'Date
Materials on Hand a. - $
Project Total to Date $
Less 10% Retainage: S
„LesaPstviaus :.
Total Deductions: >;$ )
TOTAL AMOUNT DUE THIS ESTIMATE: Re t a i n a€e - $ 2 fi , 3 9 . 4 7
JLL IUt t , k .
Requseted By: Recoentied By Approved By:
. /z /9 51 s Iqc�
Date: Date: Date:
Conctractor Engineer Owner
AFFIDAVIT OF CONTRACTOR
STATE OF TEXAS
COUNTY OF Collin
I hereby certify that all bills for labor and materials
on Regency Drive - Paving and Drainage project :
have been paid by the undersigned and that no outstanding bills
for labor or materials exist on the above referenced project .
In consideration of receiving final payment , and upon re-
ceipt of final payment , the undersigned does hereby hold harm-
less and indemnify the City of Wylie
from any liability, and will re-imburse the City of Wylie
for all its costs ,
expenses , court costs , reasonable attorneyrs fees and damages
on any such claims or lawsuits hereinafter made in connection
with the above project for any sub-contractor for supplying of
labor or. `materials on said project .
I sign this affidavit with full authority and knowledge
of the facts contained here-in.
Morrow Construction Co .
By :
etit91
Owner
is
i ��� r 10 AND SW N TO before me under q _fficial of office
l ��erpue is i I
s r%
't1rf Public j,day of , 19 l�
* * STATE OF r
r' gA/6"—
PI or'<' My GommIaiion Expires 116.01.99
NW,. Notary P c in and the tate
(Seal) of Texas
Wylie City council #7
Jegenda Communication for May 14, 1996
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amendments to the City of Wylie's Flood Plain Ordinance 96-1'
Issue
Discuss and Consider Approval of Amendments to the City of Wylie's Flood Plain Ordinance 96-1
Background
The National Flood Insurance Program (NFIP) regulations require participating communities to adopt
certain floodplain management measures. The City received official notice that it had to adopt floodplain
management measures that satisfy the requirements of Section 60.3(d) of the regulations and have them
approved by the Regional Office. Wylie would be suspended from the NFIP unless the measures were
approved by Council.
Please note that there are serious implications when a community is suspended from participation
in the NFIP. When a community is suspended from the NFIP, flood insurance may not be sold or renewed
within that community; 3-year insurance policies remain in force only until the end of the current policy year;
and the remaining premium for years 2 and/or 3, which was prepaid, will be refunded. In addition, the
community is subject to the provisions of Section 202(a) of Public Law 93-234, as amended. This section
prohibits Federal officers or agencies from approving any form of loan, grant, guaranty, insurance, payment,
rebate, subsidy, disaster assistance loan, or grant (in connection with a flood), for acquisition or construction
purposes within Special Flood Hazard Areas (SFHAs). For example, this would prohibit mortgage loans
guaranteed by the Department of Veterans Affairs, insured by the Federal Housing Administration, or
secured by the Rural Economic and Community Development Services.
Section 202(b) of Public Law 93-234, as amended, also requires federally regulated lending
institutions to notify, as a condition of making, increasing, extending, or renewing any loan secured by
improved real property situated in such SFHAs, the purchaser or lessee of such property of whether, in the
event of a disaster caused by flood to such property, Federal disaster relief assistance will be available to
such property.
The City recently adopted a model flood plain ordinance on January 23, 1996 that was provided by
the Federal Emergency Management Association (FEMA). The model ordinance provided did not include
several subsections which are normally included for
cities the size of Wylie. FEMA identified the deficiencies in the adopted ordinance and immediately provided
the required amended paragraphs to be added into the new ordinance.
Board Recommendations
N/A
Financial Considerations
N/A
Legal Considerations
Adopting this ordinance would satisfy the requirements of Section 60.3(d) of the National Flood
Insurance Program (NFIP) regulations. Failure to pass this ordinance would subject Wylie to suspension
from the NFIP.
Staff Recommendations
Staff recommends amendments to the Ordinance.
Attachments
Amended paragraphs (will be handed out Tuesday at City Council Meeting)
a.k1/410‘. egif
Prepared By Community Dev. Approv l;K!/rI City Mgr. Approval
Wylie City Council i,8
ft
Agenda Communication for May 14 1996
Award Contract for the Texas Community Development Program
Issue
Discuss and Consider award of the contract for the Texas Community Development Program (TCDP)
water and wastewater project.
Background
The TCDP Grant was awarded to the City of Wylie in 1995. This program consists of the replacement
and upgrading of approximately 3,500 feet of water distribution mains, and about 7,800 feet of sanitary
sewers with new pipe, fittings, manholes, service connections, and other related appurtenances. The project
will serve about 78 water system customers and 210 sewer customers located in 14 areas within the City.
An additional 2,200 feet of water main replacement servicing 52 customers in 4 areas are included as
alternate bid items. Existing water and sewer lines in these areas are undersized and/or deteriorating,
resulting in service problems and requiring frequent maintenance. The general location of the proposed
improvements and areas served is shown on the attached map.
The project was submitted for grant funding through the Texas Department of Housing and
Community Affairs (TDHCA) for several successive years, and the City was finally successful with a grant
awarded in 1995. Work on the project was initiated subsequent to the City/TDHCA contract agreement
dated July 1, 1995. The agreement identifies a construction budget of $482,870, and stipulates that work
is to be completed by June 30, 1997.
Sealed bids were opened and read aloud on May 2, 1996. The Hogan Corporation is evaluating the
various options and checking the low bidders' qualifications. A detailed breakdown of bid prices and
alternate bid items is attached to aid Council in evaluating the various options.
In order to incur the least amount of confusion and inconvenience to the 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.
Board Recommendations
N/A
Financial Considerations
The projected total costs for water and wastewater projects approved by voters in the 1995 Bond
Program is $4,000,000 . All of the projects submitted in the grant were included in the Bond Election. This
conservative action was taken because of the uncertainty of receiving the Grant monies. Because of the
receipt of the Grant, the City Council could utilize $250,000 for additional water and wastewater projects.
It is recommended that a determination be made after completion of all water and wastewater bond projects.
Financing for this project will be funded in part by the 1995 Texas Community Development Program
(TCDP) Grant, ($250,000). The balance of the funding will be provided by the 1995 City of Wylie Bond
Program.
Legal Considerations
N/A
Staff Recommendations
The Hogan Corporation will make a recommendation on award of this contract at the May 14, 1996
City Council Meeting.
Attachments
1) Bid Tabulation
2) Letter of recommendation for award of contract from the Hogan Corporation. (Will be handed
out at Council Meeting)
3) Location Map
(/*
Prepared By Community Dev. Approva City Mgr. Approval
111
City of Wylie BID TABULATION SUMMARY �o,
TCDP Water Sewer Improvements m
0
Alternate Bid Waterline Sections I
NI
Total Base Bid Ail 'BetW B°Keat4r a Oak from Com+mttelt to SecondSom Matto to Moog first from Butler to
Bidder Cottonlrott ItoreManta to B4rndnplrarn Brava Re'touch of elutes
Grand Total
Water&Sewer Antrum
9
2&S Construction $448,784.50 $18,970.00 $25,684.00 $31,075.00 520,480.00 $542,973.50
tm
XIT Paving&Construction $469,414.20 $17,891.00 $28,579.20 $32,038.40 320,099.00 $588,0I9.80 0
U
fi
Berson Utilities $515,555.00 $18,130.00 $35,510.00 $30,650.00 $19,040.00 $618,835.00
•
Moss Construction $522,904.00 $20,056.00 $30,436.00 $34,008.00 $17,973.00 $625,377.00
BC! Utility Construction $525,360.00 $19,980.00 $38,790.00 $28,720.0D $17,870.00 $626,700,00
Bast Texas Construction $531,385.00 $22,746.00 $33,185.00 $33,982.0D $20,140.00 $641,438.00 :0
ttl
Quantum Construction $611,947.12 $27,392.18 $40,372.50 $48,578.05 $21,597.00 $747,886.85 0
Mid-State Utility $628,530.00 $24,740.00 $35,220.00 $40,910.08 $28,290.00 $757,890.00 E
0
Camino Construction $630,477.00 $27,044.80 $54,188.00 $45,246.38 $32,060.00 $789,016,10
J.C. Evans Construction $657,430.00 $20,090.00 $34,186.00 $35,460.08 $24,640.00 $771,806.00 4
4.
Saber Development Corp. $673,075.00 $24,610.00 $37,585.00 $40,930.00 $25,945.00 $802,145.00
r
Four D Construction $683,252.00 $19,800.00 $30,285.00 $41,227.00 $27,272.00 $801,836,00
n
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Wyiie City Council #9
Agenda Communication for May 14, 1996
Appoint Board Member for North Texas Municipal Water District
Issue
Discuss and consider appointing Board of Director to the North Texas Municipal
Water District Board.
Background
The Board of Directors of North Texas Municipal Water District is a policy making
body similar in nature to the City Council. The Board is responsible to both the State of
Texas and to the cities for assuring that NTMWD operations occur in accordance with law,
in alignment with NTMWD policy, and in the best interests of the cities receiving services.
NTMWD's existing Board (18 member cities) is composed of individuals that have
worked to represent their communities in other capacities (the past), having a solid
understanding of municipal concerns to share with other Directors. Historically, Directors
have dedicated service from 10 to 30 years, thereby gaining experience and contributing
the necessary leadership. This provides the maximum benefit in order to assure the
meeting of the city's needs in the most effective manner.
All NTMWD programs provide service based on cost to serve, with all cities provided
equal treatment. Therefore, NTMWD policy established by the Board of Directors affects
cost, performance and quality of service.
The City of Wylie has two board members on the NTMWD Board. Mr. Harry Tibbals,
whose term will expire in May of 1997 and Mr. Raymond Cooper, whose term expires May,
1996. Mr. Cooper has stated he does not desire to serve for another two years. The City
Council will need to appoint a new board member before the term expires May 31, 1996.
The new appointee will serve until May of 1998.
Financial Considerations
N/A
Legal Considerations
In accordance with the statute creating the District, (Article 8280-141) the
qualifications of a Director include the following: "No person shall be appointed a Director
unless he resides in the City from which he is appointed. No member of a governing body
of a City, and no employee of a City, shall be appointed as a Director." Under other State
Law, no other government official that receives compensation could be appointed.
Board/Commission Recommendation
N/A
Staff Recommendation
N/A
Attachment
Letter from NTMWD
Aii _71-1,,,„. --).-Nn,JA.„ Gro.....
Prepared by City Manager Approval
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NORTH TEXAS MUNICIPAL
WATER DISTRICT
Regional Service Through Unity
March 19, 1996
Mr. Mike Collins , City Manager
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
RE: NTMWD Board Member Appointment
Dear Mr. Collins :
This is your official notification that Mr. Raymond B. Cooper 's
term of office as an NTMWD Board Member expires May 31,1 1996.
The City Council should reappoint Mr. Cooper or appoint another
Director to serve a term from June 1, 1996, to May 31, 1998.
In accordance with the statute creating the District , (Article
8280-141) the qualifications of a Director include the following:
"No person shall be appointed a Director unless he resides in
the City from which he is appointed. No member of a governing
body of a City, and no employee of a City, shall be appointed
as a Director. " Under other State Law, no other government
official that receives compensation could be appointed.
The cities served by the NTWMD appreciate the work and effort
expended by the appointed Directors. It is my practice to visit
with new Directors in an orientation session prior to their
first meeting; therefore, please notify my office in writing
when the City Council has appointed a Director for the new term.
Should you have any questions or need additional information,
please do not hesitate to contact my office.
Since
.
CARL W. RIEHN
Executive Director
CWR/mcf
cc: Mr. Raymond B. Cooper
505 E. Brown St., P. O. Box 2408, Wylie, Texas 75098-2408 Telephone: 214/442-5405 Fax: 214/442-5405