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05-27-2003 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA May 27, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 RO CLAMATIO $ PRESENTA ION ...... • Presentation of Star Students Awards with the character trait of Accountability c IT E1NS PART IPATION CON EIN AIxE DA d:to::be::rue:.b >tlie:>� >:�t�uaac tl::a�td:wdl::6�:eaa�ed b:. Afl::mutters::lisbcd::uiutlecx�:lhe:: Qnse�L::�: .nd�::Marc:oona�i��e... ............................... ................. ........... :.:::::::::::: y. ou:::is:::desi d :that::it : ::be:::re coved: •be::�e ��c�a�o�':r :the�enusR; :dts ............................�.....................:..::::::::.:.::::::::::::::::: . e constdered:::se aratel: :>::>::: g A. Approval of the Minutes from the Regular Meeting of May 13, 2003 B. Consider and act upon a Final Plat for the McMillan Junior High/Davis Intermediate School Addition, being a replat of Lot 1, Block A of the Wylie Junior High School Addition, and being all of a certain 44.889 acre tract of land, generally located north of Park Boulevard and east of Country Club Road (F.M. 1378), being situated in the Mercer Phalen Survey, Abstract No. 695, City of Wylie, Collin County, Texas. C. Consider and act upon approval of Ordinance#2003-08 amending Ordinance#2003-06 D. Consider and act upon Final Payment Rush Creek Lift Station IN,DIDUAL COS1ERATiON 1. Consider and act upon a Request for Proposal(RFP)for a Facilities Needs Assessment. 2. Consider and act upon approval of an Ordinance of the City of Wylie, amending the budget for Fiscal Year 2003, beginning October 1, 2002, and ending September 30, 2003; repealing all conflicting ordinances; containing a severability clause; and providing for an effective date. 3. Consider and act upon adopting an Ordinance #2003-10 granting a franchise agreement to Oncor Electric Delivery Company READING OF>=ORDINAN TITLE>: >CAPTI+ N APPROVED'B3 C I JL. A��::REQUIRED BY WYLIE CI`I`Y C HARTER,ARTICLE Lll, 1 CT ON 13- Ordinance#2003-08 Ordinance#2003-09 Ordinance#2003-10 WORK SES ON • Work Session - Discuss Non-Residential Landscape Requirements of the Zoning Ordinance >AD. O?UNMEN`C...: In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 23rd day of May 2003 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us 7 C le Ehrlich, rty Secretary Date Notice Removed The Wylie Municipal Complex is WhBelcha accesible: Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contng t ac�tjCity Secretary's office at 972/442-8100 or TD 972/442-8170. / MINUTES Wylie City Council Tuesday, May, 13 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. with the following Council members present; Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young, Councilman Shinn, Councilman Worley, and Councilman Trout were present. The following staff members were present; City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director Brady Snellgrove; City Engineer, Chris Hoisted; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich;Administrative Assistant,Aimee Nemer. INVOCATION&PLEDGE OF ALLEGIANCE Reverend Roy West of the Wylie United Methodist Church gave the invocation and Councilmember Worley led the Pledge of Allegiance. PROCLAMATIONS&PRESENTATIONS • Proclamation recognizing Vietnam Veteran's Week Mayor Mondy read a proclamation for Vietnam Veteran's Week. • Proclamation recognizing Prudence Kling for 20 years Prudence Kling was present to accept her proclamation recognizing her 20 years of service to the City of Wylie presented by Mayor Mondy and Finance Director,Brady Snellgrove. CITIZENS PARTICIPATION There were no citizens present to address the council. CONSENT AGENDA All matters listed ander the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items.If discussion is desired,that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of April 22, 2003 and Approval of the Minutes from the Special Called Meeting of May 6,2003. Council Action Councilman Young made a motion to approve the minutes of the April 22, 2003 meeting and the May 6, 2003 special meeting. Councilman Worley seconded the motion. A vote was taken and passed 7-0. Minutes—May 13,2003 Wylie City Council Page 1 WORK SESSION • Work Session for future budget items. Council adjourned to work session at 6:10 p.m. Staff Comments Mr. Anthony Johnson addressed the Council. He reported that there would be additional money in the upcoming budget process available for other uses. He stated that the service levels in all areas would remain constant as well as salary packages. He reported that property valuations were up by 20% with only 4.5% of that increase due to existing values and the remaining increase due to growth. He asked direction from the council as to how the remaining funds could best be used. He stated that there was a need for additional staffing but he felt even after those needs were met, some funding would be left for other items. He stated that there were a number of areas the money could be used, such as beautification, additional lighting, increasing street funds, and putting part in reserves. Council Discussion Councilman Trout mentioned the purchase of land for additional parks. He stated with the growth the city is experiencing and with land still available, it would be a very good time, economically, for the city to purchase land to be used in the future for park projects. Mayor Mondy mentioned a decrease in the tax rate for the city. Councilman Worley expressed a direction toward additional paving. Councilman Young expressed a desire to add some funds to the reserves. Staff Comments Mr. Anthony Johnson asked council members to submit their ideas in writing and he would arrange another workshop after the operational process was completed. ADJOURNMENT Councilman Hogue made a motion to adjourn the meeting, seconded by Councilwoman Allen at 7:05 p.m. A vote was taken and passed 7-0. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—May 13,2003 Wylie City Council Page 2 WYLIE CITY COUNCIL AGENDA ITEM NO. B. May 27, 2003 Issue Consider and act upon a Final Plat for the McMillan Junior High/Davis Intermediate School Addition, being a replat of Lot 1,Block A of the Wylie Junior High School Addition, and being all of a certain 44.889 acre tract of land, generally located north of Park Boulevard and east of Country Club Road (F.M. 1378), being situated in the Mercer Phalen Survey, Abstract No. 695, City of Wylie, Collin County, Texas. Background The Final Plat under consideration is an amendment to the Preliminary Plat of the Wylie Junior High School Addition,to accommodate two schools of the Wylie Independent School District.Initially the subject property was within unincorporated Collin County and the Extraterritorial Jurisdiction of St. Paul. The tract was released by St.Paul to Wylie ETJ on May 13, 2002 and the Preliminary Plat was reviewed by the Wylie Planning Commission on May 21, 2002 and approved by the City Council on June 11, 2002. The site was subsequently returned to St. Paul and the County for approval of the final plat and construction plans at the request of the WISD. St. Paul later released the subject tract again and it was annexed into the City of Wylie on December 10, 2002. The subject Plat will create the necessary utility easements on the 44.889 acre lot to accommodate the new Davis Intermediate School facilities, as well as right-of-way for the future expansion of Park Boulevard. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to the issuance of a building permit. Other Considerations 1. The Final Plat substantially complies with all applicable technical requirements of the City of Wylie, as well as the approved Preliminary Plat. 2. The City of Wylie Zoning Ordinance and Building Codes will apply to the construction of the new Davis Intermediate School. Board/Commission Recommendation At the May 6, 2003 Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. 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Section 2 will hereby be amended to read as follows: "That the official map and boundaries of Wylie are hereby amended to exclude the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas." Financial Considerations N/A Other Considerations In order for a correct filing with the Collin County Clerk's Office and proper notification of the Utility Franchises and property owner,this amendment is required. Staff Recommendation Staff recommends this ordinance be amended with Ordinance#2003-08. Attachments Ordinance#2003-06 and Ordinance#2003-08. SA-6 r Pre re By Re 4 ed y Financ City M Approval Ordinance No. 2003-08 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2003-06, PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS,the City Council of the City of Wylie, Texas("City Council")passed Ordinance No. 2003-06 on or about March 25, 2003; and WHEREAS, Ordinance No. 2003-06, Section 2, contains an inadvertent mistake that should be amended. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: AMENDMENT TO WYLIE ORDINANCE NO. 2003-06, SECTION2. Wylie Ordinance No. 2003-06, Section 2 is hereby amended to read as follows: "That the official map and boundaries of Wylie are hereby amended to exclude the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas." SECTION 2: Savings/Repealing Clause. Wylie Ordinance No. 2003-06 shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 3: Severability. Should any section, subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 4: Effective Date. This Ordinance shall become effective from and after its adoption. ORDINANCE AMENDING ORDINANCE NO. 2003-06-Page 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 27th day of May, 2003. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary ORDINANCE AMENDING ORDINANCE NO. 2003-06-Page 2 Ordinance No. 2003-06 AN ORDINANCE DISANNEXING A CERTAIN 1.53 TRACT OF LAND OUT OF THE W.D. BARNETT SURVEY, ABSTRACT 56, COLLIN COUNTY, TEXAS; PROVIDING THAT THE DISANNEXATION IS IN THE BEST INTEREST OF THE CITY; PROVIDING THAT THE CITY OF WYLIE HAS COMPLIED WITH ALL REQUIREMENTS OF LAW; PROVIDING THAT MUNICIPAL SERVICES WILL NOT BE PROVIDED AS OF THE EFFECTIVE DATE OF THE ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.142. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to disannex the below-described property (the "Property") to Wylie; and WHEREAS, the City Council has determined that specific circumstances exist for the property described in Exhibit "A" that render disannexation to be in the best interest of the City; and WHEREAS, the City of Wylie has complied will all requirements of law; and WHEREAS, the City of Wylie will no longer be providing any services to the property as of the effective date of the ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same are hereby disannexed. SECTION 2: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 3: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 4: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of , 2003. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Aimee Nemer, Acting City Secretary EXHIBIT "A" All that certain lot, tract or parcel of land in the W.D. Barnett Survey, Abstract No. 56 in the City of Wylie, Collin County, Texas and being part of a called 8.369 acre tract of land conveyed to Darlene Ponder by deed dated January 15, 2002, recorded in Volume 5177, Page 3057, Deed Records Collin County, Texas described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod set for corner at the Southwest corner of said Ponder tract, said point also being in the North line of a called 53.7251 acre tract of land conveyed to Cascade Companies, L.L.C. by deed recorded in Volume 4607, Page 1881, Deed Records, Collin County, Texas; THENCE North 00 degrees 28 minutes 06 seconds West, along the West line of said Ponder tract, a distance of 284.0 feet to a point for corner; THENCE North 89 degrees 31 minutes 54 seconds East, a distance of 187.0 feet to a point for corner, said point being at an ell corner of said Abstract 56 and an ell corner in the C. Mculmurry Survey, Abstract No. 629; THENCE South 00 degrees 28 minutes 06 seconds East, a distance of 281.78 feet to a point for corner, said point being in the South line of said Ponder called 8.369 acre tract, said point also being in the North line of said Cascade Companies tract; THENCE South 88 degrees 37 minutes 53 seconds West along the South line of said Ponder tract, 2.42 feet to a'h inch Red Capped iron rod found marker#4846 for corner; THENCE South 88 degrees 51 minutes 12 seconds West continuing along said South line, a distance of 184.59 feet to the Place of BEGINNING and Containing 52,901 square feet or 1.21 acres of land. WYLIE CITY COUNCIL AGENDA ITEM NO. D . May 27, 2004 Issue Consider and act upon approval of final acceptance of the Rush Creek Lift Station and authorize final payment to North Texas/TNG Services,in the amount of$34,468.14 and accept the project as complete. Background On January 13, 2002 the Wylie City Council awarded a construction contract to North Texas/TNG Services for the construction of the Rush Creek Lift Station, which includes three submersible pumps and all related appurtenances. The construction of the lift station provides sewer service to the eastern portion of the City and will allow the existing Rush Creek Lift Station to be abandoned. The walk through has been performed and the contractor has addressed all of the items identified. Two change orders were issued for additional dewatering and piping changes for a total adjustment of $13,873.61. The final construction cost for the project is $1,032,873.61. Financial Considerations The 1999 Bond included $1,000,000 for the Rush Creek lift station and force main and the FY 2002 budget included $130,000 for new pumps. The lift station was also included in the most recent impact fee update. To date, approximately $1,300,000 has been spent on the lift station project. Other Considerations Acceptance by the City Council will initiate the one-year warranty period during which the contractor is liable for any repairs that may be required. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Staff Recommendations The Engineer and Staff recommends final acceptance of the project and issuing final payment to North Texas/TNG Services in the amount of$34,468.14. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Final Payment Request Contractor Affidavit of Final Payment and Release Prepared by Revi ed by inane City Manag pproval THE HOGAN CORPORATION Engineers • Planners • Consultants April 15, 2003 Mr. Biff Johnson City Manager City of Wylie 2000 Hwy. 78 North Wylie,TX 75098 Attention: Chris Hoisted Re: Rush Creek Lift Station THC #002-50.20 Dear Mr. Johnson: Enclosed please find four(4)original copies of North Texas/TNG Services Pay Request Number 12 and Final for the referenced project,for the period of November 26, 2002 through March 25, 2003, in the amount of$34,468.14. This final pay request includes release of all retainage held on the revised contract amount. The Contractor has submitted a"Consent of Surety to Final Payment"from the bonding company as well as an"Affidavit of Final Payment and Release." Copies of these documents are attached for our reference. Based on our general review of construction, and reports from the City's Construction Observer, it is our opinion that the work has been constructed in substantial conformance to the approved plans and specifications, as amended. We therefore recommend the City accept the construction and authorize final payment to North Texas/TNG Services, Inc. Approval of the Final Pay Request and acceptance of the project will initiate the one-year warranty period. Upon your approval of this pay request, please sign all four(4)copies in the spaces provided, retaining two copies for your files, and forward one copy to us, and one to the contractor with your remittance. If there are any comments or questions on the above, please do not hesitate to contact the undersigned. Very truly yours, THE HOGAN CORPORATION k., . . Fus in, P.E. ce esid; t Enclosures cc: Karl Hirschey,North Texas/TNG Services /'� Member, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455 �� Member, American Consulting Engineers Council Dallas, Texas 75252 TEL: (972) 380-4646 FAX: (972) 380-4633 Application for Payment No 12 and Final - Rush Creek Lift Station Owner: City of Wylie For Period From: November 26,2002 To: March 25,2003 Project Name: Rush Creek Lift Station Owner's Project No.: Engineer's Project No.: 002-50.20 Contractor: North Texas/TNG Services,Inc.A Joint Venture Address: 6334 Maple Ave.,Suite 550 Dallas,TX 75235 CONTRACT AMOUNT CONTRACT TIME Part A Amount of Contract as Awarded: $1,019,000.00 Contract Date: January 18,2002 Change Orders: Start Date: January 23,2002 #1 $11,046.60 Time Allotted: 210 cal.days #2 $2,827.01 Time Extensions: 36 cal.days Revised Contract Time: 246 cal.days Elapsed: 426 cal.days %Time Elapsed: 173.17% Remaining: -180 cal.days Total Change Orders: $13,873.61 Total Adjusted Contract: $1,032,873.61 • ESTIMATE SUMMARY Amount Completed to Date(See Attached): $1,032,873.61 Material on Hand(See Attached): $0.00 PROJECT TOTAL TO DATE: 100.00% $1,032,873.61 Les: 0.0% Retainage: $0.00 Less Previous Payments: $998,405.47 Total Deductions: $998,405.47 ($998,405.47) TOTAL AMOUNT DUE THIS ESTIMATE: $34,468.14 Recom ended: Approved: By: D Date: Date: Engineer City of Wylie 4/15/03 Page 1 App for Pay A I B C D E F G H ( I ( J 1 K I LIM 1 CONTRACTORS ESTIMATE 2 Engineer. Contractor. 3 The Hogan Corporation North Texas/TNG Services,IncA Joint Venture 4 18333 Preston Road,Suite 455 6334 Maple Ave.,Suite 550 5 Dallas,Texas 75252 Dallas,TX 75235 6 7 Owner. Project 9 City of Wylie,Texas Rush Creek Lift Station 9 2000 Highway 78 North Project No.002-50.20 10 Wylie,Texas 75098 11 12 Billing Number. 12 Revised:Final Billing Billing Date:March 25,2002 Tr 14 Time Charged From: 01/23/02 To: 03/25/03 15 Calendar Days Through This Period: 304 16 17 WORK IN PLACE REPORT (F+G) (F+G+H) (D-I) 18 Total This Billing Work Comp!. Total 19 Work Work Compl Mat'I& Balance Total Mat+ 20 Scheduled Prior In Mat'Is To Work To Work Work 21 Work Item Value U Billing Place Stored Date To Date Finish % _ 22 23 Bonds&Insurances 27,809.00 LS 27,809.00 0.00 0.00 27,809.00 27,809.00 0.00 100% 100% 24 Mobilization 18,046.00 LS 18,046.00 0.00 0.00 18,046.00 18,046.00 0.00 100% 100% 25 Strip site&store topsoil 3,891.00 LS 3,891.00 0.00 0.00 3,891.00 3,891.00 0.00 100% 100% 26 Layout pump station 1,750.00 LS 1,750.00 0.00 0.00 1,750.00 1,750.00 0.00 100% 100% 27 Trench safety design 1,000.00 LS 1,000.00 0.00 0.00 1,000.00 1,000.00 0.00 100% 100% 28 Excavate station and store material • 83,200.00 LS 83,200.00 0.00 0.00 83,200.00 83,200.00 0.00 100% 100% 29 Excavate ramp for access&store material 15,840.00 LS 15,840.00 0.00 0.00 15,840.00 15,840.00 0.00 100% 100% 30 Dewatering 5,500.00 LS 5,500.00 0.00 0.00 5,500.00 5,500.00 0.00 100% 100% 31 Wet well base slab grade preparation 3,700.00 LS 3,700.00 0.00 0.00 3,700.00 3,700.00 0.00 100% 100% 32 Seal slab @wet well base slab 5,000.00 LS 5,000.00 0.00 0.00 5,000.00 5,000.00 0.00 100% 100% 33 Wet well base slab forms 4,725.00 LS 4,725.00 0.00 0.00 4,725.00 4,725.00 0.00 100% 100% 34 Wet well base slab resteel 11,025.00 LS 11,025.00 0.00 0.00 11,025.00 11,025.00 0.00 100% 100% 35 Wet well base slab concrete 14,175.00 LS 14,175.00 0.00 0.00 14,175.00 14,175.00 0.00 100% 100% . 36 Wet well baseslabforms-strip 1,575.00 LS 1,575.00 0.00 0.00 1,575.00 1,575.00 0.00 100% 100% 37 Wetwell wall forms 54,506.00 LS 54,506.00 0.00 0.00 54,506.00 54,506.00 0.00 100% 100% 38 Wet wellwallresteel 42,393.00 LS 42,393.00 0.00 0.00 42,393.00 42,393.00 0.00 100% 100% 39 Wet well wall concrete 18,168.00 LS 18,168.00 0.00 0.00 18,168.00 18,168.00 0.00 100% 100% 40 Wet wellwallfroms-strip 6,056.00 LS 6,056.00 0.00 0.00 6,056.00 6,056.00 0.00 100% 100% 41 Wetwell wall concrete point8 patch 5,500.00 LS 5,500.00 0.00 0.00 5,500.00 5,500.00 0.00 100% 100% 42 Backfill against firstwetwell wall pour 25,056.00 LS 25,056.00 0.00 0.00 25,056.00 25,056.00 0.00 100% 100% 43 Backfill against final wet well wall pour 14,367.00 LS 14,367.00 0.00 0.00 14,367.00 14,367.00 0.00 100% 100% 44 Valve vault base slab grade preparation 2,500.00 LS 2.500.00 0.00 0.00 2 500.00 2500.00 0.00 100% 100% 45 Valve vault base slab forms 900.00 LS 900.00 0.00 D.00 J00.00 900.00 0.00 100% 100% • ( 46 Valve vault base slab resteel 2100.00 LS 2100.00 0.00 0.00 2100.00 2,100.00 0.00 100% 100% !'. 47 Valve vault base slab concrete Z700.00 LS 2,700.00 0.00 0.00 2,700.00 2.700.00 0.00 100% 100% 48 Valve vault base slab forms-strip 300.00 LS 300.00 0.00 0.00 300.00 300.00 0.00 100% 100% 49 Valve vault wall forms 5,040.00 LS 5,040.00 0.00 0.00 5,040.00 5,040.00 0.00 100% 100% Dann I A I B I C I D I E 1 F G H I J K L I M 50 WORK IN PLACE REPORT (F+G) (F+G+H) (D-I) 51 Total This Billing Work Compl. Total 52 Work Work Compl Mat'l& Balance Total Mat+ 53 Sched'd Prior In Mat'Is To Work To Work Work 54 Work Item Value U Billing Place Stored Date To Date Finish % % 55 Valve vault wall resteel 3,920.00 LS 3,920.00 0.00 0.00 3,920.00 3,920.00 0.00 100% 100% 56 Valve vault wall concrete 1,680.00 LS 1,680.00 0.00 0.00 1,680.00 1,680.00 0.00 100% 100% 57 Valve vaultwallfroms-strip 560.00 LS 560.00 0.00 0.00 560.00 560.00 0.00 100% 100% 58 Valve vault wall concrete point&patch 1,500.00 LS 1,500.00 0.00 0.00 1,500.00 1,500.00 0.00 100% 100% 59 Concrete deck forms 5,635.00 LS 5,635.00 0.00 0.00 5,635.00 5,635.00 0.00 100% 100% 60 Concrete deck resteel 805.00 LS 805.00 0.00 0.00 805.00 805.00 0.00 100% 100% 61 Concrete deck concrete 805.00 LS 805.00 0.00 0.00 805.00 805.00 0.00 100% 100% 62 Concrete deck forms-strip 805.00 LS 805.00 0.00 0.00 805.00 805.00 0.00 100% 100% 63 Concrete deck concrete point&patch 250.00 LS 250.00 0.00 0.00 250.00 250.00 0.00 100% 100% 64 Rub exposed exterior concrete walls 300.00 LS 300.00 0.00 0.00 300.00 300.00 0.00 100% 100% 65 Backfill against valve vault 6,525.00 LS 6,525.00 0.00 0.00 6,525.00 6,525.00 0.00 100% 100% 66 Remaining site&road fill&grading 3,715.00 LS 3,715.00 0.00 0.00 3,715.00 3,715.00 0.00 100% 100% 67 Build road base-flex base 3,175.00 LS 3,175.00 0.00 0.00 3,175.00 3,175.00 0.00 100% 100% 68 Install CMP culverts with end grates 2,851.00 LS 2,851.00 0.00 0.00 2,851.00 2,851.00 0.00 100% 100% 69 Distribution pad base slab grade preparatior 200.00 LS 200.00 0.00 0.00 200.00 200.00 0.00 100% 100% 70 Distribution pad base slab forms 315.00 LS 315.00 0.00 0.00 315.00 315.00 0.00 100% 100% 71 Distribution pad base slab resteel 735.00 LS 735.00 0.00 0.00 735.00 735.00 0.00 100% 100% 72 Distribution pad base slab concrete 945.00 LS 945.00 0.00 0.00 945.00 945.00 0.00 100% 100% 73 Distribution pad base slab forms-strip 105.00 LS 105.00 0.00 0.00 105.00 105.00 0.00 100% 100% 74 Generator pad base slab grade preparation 180.00 LS 180.00 0.00 0.00 180.00 180.00 0.00 100% 100% 75 Generator pad base slab forms 283.00 LS 283.00 0.00 0.00 283.00 283.00 0.00 100% 100% 76 Generator pad base slab resteel 661.00 LS 661.00 0.00 0.00 661.00 661.00 0.00 100% 100% 77 Generator pad base slab concrete 850.00 LS 850.00 0.00 0.00 850.00 850.00 0.00 100% 100% 78 Generator pad base slab forms-strip ' 94.00 LS 94.00 0.00 0.00 94.00 94.00 0.00 100% 100% 79 Drill&place SCADAfoundation 350.00 LS 350.00 0.00 0.00 350.00 350.00 0.00 100% 100% 80 Excavate for 72"gravity sewer manhole 4,750.00 LS 4,750.00 0.00 0.00 4,750.00 4,750.00 . 0.00 100% 100% 81 Install 72"gravity sewer manhole 3,235.00 LS 3,235.00 0.00 0.00 3,235.00 3,235.00 0.00 100% 100% 82 Backfill 72"gravity sewer manhole 3,325.00 LS 3,325.00 0.00 0.00 3,325.00 3,325.00 0.00 100% 100% 83 Excavate for 72'surge relief manhole 750.00 LS 750.00 0.00 0.00 750.00 750.00 0.00' 100% 100% 84 Install 72'surge relief manhole 2,170.00 LS 2,170.00 0.00 0.00 2,170.00 2,170.00 0.00 100% 100% 85 Backfill 72'surge relief manhole 550.00 LS 550.00 0.00 0.00 550.00 550.00 0.00 100% 100% 86 Excavate for 48'flow meter manhole 650.00 LS 650.00 0.00 0.00 650.00 650.00 0.00 100% 100% 87 Install 48'flow meter manhole 1,773.00 LS 1,773.00 0.00 0.00 1,773.00 1,773.00 0.00 100% 100% 88 Backfill 4B'flow meter manhole 500.00 LS 500.00 0.00 0.00 500.00 500.00 0.00 100% 100% 89 Excavate 48"gravity sewer line 18,532.00 LS 18,532.00 0.00 0.00 18,532.00 18,532.00 0.00 100% 100% 90 Install 48'gravity sewer line 25,726.00 LS 25,726.00 0.00 0.00 25,726.00 25,726.00 0.00 100% 100% 91 Backfill 48"gravity sewer line 7,868.00 LS 7,868.00 0.00 D.00 7,868.00 7,868.00 D.00 100% 100% 92 Install wet well pump base 90,brigs,rails 13,585.00 LS 13,585.00 0.00 0.00 13,585.00 13,585.00 0.00 100% 100% 93 Install wet well pump riser piping 13,353.00 LS 13,353.00 0.00 11.00 13,353.00 13,353.00 0.00 100% 100% 1, _ 94 Install wetvr:!I pumps&control panel 155,500.00 LS 155,500.00 0.00 0.00 155,500.00 155,500.00 0.00. 100% 100% f_.., 95 Install 8'vents&10"s.c fittings in station 4915 00 LS 4,915.00 0.00 0.00 ' 4915.00 4,915.00 0.00 ,100% 100% 96 Install sluice gate wall thimbles 5,000.00 LS 5,000.00 0.00 0.00 5,000.00 5,000.00 D.00 100% 100% 97 Install sluice gates 11,750.00 LS 11,750.00 0.00 0.00 11,750.00 11,750.00 0.00 100% .100% k.. 98 Install valve vault discharge piping&valves 37,310.00 LS 37,310.00 0.00 0.00 37,310.00 37,310.00 0.00 100% 100% Page 2 A B 1 C l D I E 1 F I G I H I J K L M 99 WORK IN PLACE REPORT (F+G) (F+G+H) (D-I) 100 Total This Billing Work Compl. Total 101 Work Work Compl Mat'I& Balance Total Mat+ 102 Sched'd Prior In Mat'Is To Work To Work Work 103 Work Item Value U Billing Place Stored Date To Date Finish % 104 Install valve vault drains&flap valves 1,490.00 LS 1,490.00 0.00 0.00 1,490.00 1,490.00 0.00 100% 100% 105 Install valve vault air release piping&valves 1,061.00 LS 1,061.00 0.00 0.00 1,061.00 1,061.00 0.00 100% 100% 106 Grout wet well&inlet chamber 1,500.00 LS 1,500.00 0.00 0.00 1,500.00 1,500.00 0.00 100% 100% 107 Install valve vault exhaust fan&duct 960.00 LS 960.00 0.00 0.00 960.00 960.00 0.00 100% 100% 108 Install station hatches,ladder,plate,pipe 109 supports,hoist frame&monorail beam 23,500.00 LS 23,500.00 0.00 0.00 23,500.00 23.500.00 0.00 100% 100% 110 Install station hoist 11,500.00 LS 11,500.00 0.00 0.00 11,500.00 11,500.00 0.00 100% 100% 111 Yard Piping-excavate 30"disch.&s.r.lines 1,000.00 LS 1,000.00 0.00 0.00 1,000.00 1,000.00 0.00 100% 100% 112 Yard Piping-install 30"discharge line 10,985.00 LS 10,985.00 0.00 0.00 10,985.00 10,985.00 0.00 100% 100% 113 Yard Piping-install surge relief line 9,414.00 LS 9,414.00 0.00 0.00 9,414.00 9,414.00 0.00 100% 100% 114 Yard Piping-backfill 30"disch.&s.r.lines 700.00 LS 700.00 0.00 0.00 700.00 700.00 0.00 100% 100% 115 Yard Piping-excavate 18"force mains 3,900.00 LS 3,900.00 0.00 0.00 3,900.00 3,900.00 0.00 100% 100% 116 Yard Piping-install 18"force mains 20,989.00 LS 20,989.00 0.00 0.00 20,989.00 20,989.00 0.00 100% 100% 117 Yard Piping-trench safety:200 If®$3/If 600.00 LS 600.00 0.00 0.00 600.00 600.00 0.00 100% 100% 118 Yard Piping-backfill18"force mains 3,150.00 LS 3,150.00 0.00 0.00 3,150.00 3,150.00 0.00 100% 100% 119 Yard Piping-test piping 1,500.00 LS 1,500.00 0.00 0.00 1,500.00 1,500.00 0.00 100% 100% 120 Painting 16,840.00 LS 13,472.00 3,368.00 0.00 16,840.00 16,840.00 0.00 100% 100% 121 Electrical-conduit&fittings 11,500.00 LS 11,500.00 0.00 0.00 11,500.00 11,500.00 0.00 100% 100% 122 Electrical-wire&cable 8,600.00 LS 8,600.00 0.00 0.00 8,600.00 8,600.00 0.00 100% 100% 123 Electrical-duct banks 12,900.00 LS 12,900.00 0.00 0.00 12.900.00 12,900.00 0.00 100% 100% 124 Electrical-generator&a.ts. 75,000.00 LS 75,000.00 0.00 0.00 75,000.00 75,000.00 0.00 100% 100% 125 Electrical-equipment rack 5,000.00 LS 5,000.00 0.00 0.00 5,000.00 5,000.00 0.00 100% 100% 126 Electrical-instrumentation 19,000.00 LS 19,000.00 0.00 0.00 19,000.00 19,000.00 0.00 100% 100% 127 Electrical-grounding 2,000.00 LS 2,000.00 0.00 0.00 2,000.00 2,000.00 0.00 100% 100% 128 Electrical-panels 23,000.00 LS 23,000.00 0.00 0.00 23,000.00 23,000.00 0.00 100% 100% 129 HMAC Roads 7,750.00 LS 7,750.00 0.00 0.00 7,750.00 7,750.00 . 0.00 100% 100% 130 Fencing&gates 5,500.00 LS 5,500.00 0.00 0.00 5,500.00 5,500.00 0.00 100% 100% 131 Fine grade&seed site 2.500.00 LS 2,500.00 0.00 0.00 2,500.00 2,500.00 0.00 100% 100% 132 Erosion prevention&control 1,668.00 LS 1,668.00 0.00 0.00 1,668.00 1,668.00 0.00' 100% 100% 133 Start-up&test station 5,500.00 LS 5,500.00 0.00 5,500.00 5,500.00 0.00 100% 100% 134 Final cleanup&punch-out 4,685.00 LS 4,685.00 0.00 0.00 4,685.00 4,685.00 0.00 100% 100% 135 Change Order#1:SUD line,Seal off 24'S.S., 136 bulkhead credit 11,046.60 LS 11,048.60 0.00 0.00 11,046.60 11,046.60 0.00 100% 100% 137 Change Order#2:Deawter/dean wet well,mt 2,827.01 LS 2,827.01 0.00 0.00 2,827.01 2827.01 0.00 100% 100% 138 139 TOTAL OF WORK ITEMS 1,032873.61 1,024,005.61 8,868.00 0.00 1.032,873.61 1,032,873.61 0.00 100% 140 141 142 143 144 145 t 146 • 147 Y Page 3 A B I CI D I E I F I G I H I I I J K L M 295 BILLING SUMMARY 296 297 Analysis of Contract Amount To Date: 298 Original Contract Amount 1,019,000.00 299 Change Orders To Date 13,873.61 300 Adjusted Contract Amount To Date 1,032,873.61 301 302 303 Analysis of Work Performed: 304 Total Work Performed To Date 1,032,873.61 305 Total Materials Stored To Date 0.00 306 Total Work Performed and Materials Stored To Date 1,032,873.61 307 Less:Retainage 0.00% 0.00 308 Subtotal 1,032,873.61 309 Less:Amount of Previous Payments 998,405.47 310 Amount Due This Application 34,468.14 311 312 313 314 The undersigned CONTRACTOR certifies that all work including materials on hand,covered by this Periodical 315 Payment has been completed or delivered in accordance with the Contract Documents,that all amount have been 316 paid by him for work materials.and equipment forwhich previous Periodical Payments were issued and received 317 from the Owner,and that the current payment shown herein is now due. 318 319 320 Contractor.North Texas/I-NG Services,a Joint Venture By ) Date: 03/25/03 321 Karl D.Hirschey 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 ,, ,. 337 338 • 339 ,f ;w • 340 341 342 • . • • Page 7 AFFIDAVIT OF ALL BILLS PAID State of Texas County of Collin This waiver, given on the 8 day of April,2003,by TNG Services, Inc.,to the City of Wylie, Texas. TNG Services, Inc. supplied materials and labor to the City of Wylie, Texas on a project known as: Rush Creek Lift Station THC#002-50.20 Wylie,Texas TNG Services, Inc., in consideration of the sum of$34,468.14,which represents full and final payment for materials and labor, and upon receipt of which,will pay in full all persons,firms, corporations, and subcontractors furnishing labor and/or material on the Project, and waives claim of lien and right of lien that it may have against such property by providing the labor and/or materials. On witness whereof, the undersigned person represents that he has full authority to execute this lien waiver for and on behalf of TNG Services,Inc., and has executed this waiver in the City of Dallas, State of Texas on the date stated above. Company TAJ(- • 1 c Cl . By: V3\11. SWORN TO AND SUBSCRIBED BEFORE ME,this I day ofa , 2003. Y: ., CAROLYee E LITTLE -, may compute*I$NU$: imessutnum Notary Public �' of 27,Boos _ Commission Expires _ 1 • CONSENT-OF - OWNER ❑. ARCHITECT D - SURETY COMPANY CONTRACTOR ❑ TO FINAL PAYMENT OTHER ❑ AlA DOCUMENT G707 - PROJECT: Rush CneeFz L..J- Station (name,address) Wy.Pe, Texas • TO (Owner) ARCHITECT'S PROJECT NO: City 04 Wytie 2000 Hwy. 78 Nohth CONTRACT FOR: Li4t Station WyV.i.e, TX 75098 L J CONTRACT DATE: Januahy 18, 2002 CONTRACTOR: NoAth Tex Mun,ici.pae Const. Co., Inc./ TNG Senvi,ee6 Inc., A Joint 'Ven tuA Bond No. 789'276 • in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the *we iruen name and address of Surety Conmpanyt Capitol indemnity Co a ton 4610 Uni ve,,ty Ave.,�Boox 5900 Madison, WI 53705-0900 , SURETY COMPANY, • on bond of there insert name and address of Contractor) Noah Texa6 MUn icipat Const. Co. , Inc./ TNG SeAv.iced Inc. , A Joint Ventwte 6334 Map'e Ave., Suite 550 DaCCa3, TX !S[33 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to there :nscn name and address of Owned City oil W ytie 2000 Hwy. 78 Nonth Wylie, TX 75098 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 81i • day of Apnit, 2003. Cap<i to.e. Indemnity CoAppAa t i on Surety Company Attest;v. • , 1!ature of Authorized Representative (Seal): � • � '-"'" .' �• "'. C�vr<i� •14.. HittJ e P. Fulton, Atta�cney-In-Fact Title — NOTE: This form is to be used as a companion document to AlA DOCUMENT G706,CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS,Current Edition AIA DOCUMENT G707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT,' A.IAl9 AP It970.EDITIOAI :O 1970'.THE A.5ERIC;A►N,INSTITUTE OF IRC ECTs.1735,NEW YORK A R ASNINGTCIN 'n i-'"'eivvu ... ,�._ . ... 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' '•' `-61;•• attorney hUmb617P9r. .. , „ thispoWer',of attorney y.. , ., . .. , '' 'only1 the'Pow••'61 -- •.'• Het concerning „..„,,,,, .. ....,.., . ., ,,,, . -,‘:•i.''..,'"'" is power i6-;valid.. . A.• . ,- 6.,the company.19.9u..,..,„.. •..,. .'. • . ,. — 1.4..- •are"notbinding .,..,.... .41',"• other reproductions. .. r •;.:or. e Office of the Capitol ‘. to the Bond Manager6t f: Horn Indemnity Corporation, ,_."• • ••• - , - -- WYLIE CITY COUNCIL AGENDA ITEM NO. l . May 27, 2003 Issue Consider and act upon a Request for Proposal (RFP) for a Facilities Needs Assessment. Background As the community continues to grow, every element of that growth must be evaluated and anticipated. Because of this, the Council has been proactive in adopting long range plans for parks, recreation and library, future zoning and land uses, water and sewer expansions, and street systems. The preparation of an overall facilities plan, which identifies needs and priorities for municipal buildings, will assist in meeting the growing demands on the City. The RFP includes three primary elements: Phase One - Assessment of Current Space. Phase Two - Recommendatio ns to Maximize Current Facilities Phase Three - Projects to Meet Fu ture Needs Phase Two includes recommendations for increasing efficiency of daily operations through rearranging, consolidating, space rental, and so forth. Phase Three requires the consultant to analyze growth projections, traffic patterns, WISD facility construction and many other factors in order to make recommendations for future facility needs. Other Considerations N/A Financial Consideration Approximately $7,000 was budgeted in FY2003 to begin the process. In speaking with staff from other communities, Facility Needs Assessments range from $20,000 - $30,000. If Council recommends approval, the balance of the necessary funding will be placed in the FY2004 budget. Board/Commission Recommendations N/A Staff Recommendations Staff recommends moving forward with the Request for Proposal. Attachments Request for Proposal: Facility Needs Assessment repare by Revi ed y Finance City Man Approval CITY OF WYLIE REQUEST FOR PROPOSAL FOR: FACILITY NEEDS ASSESSMENT PROPOSAL DUE DATE: , 2003 BY CLOSE OF BUSINESS (5:00 P.M.) MAILING ADDRESS: CITY OF WYLIE, TEXAS Attn. Jim Holcomb, Purchasing Agent 2000 Highway 78 North Wylie,Texas 75098 TELEPHONE: 972-442-8142 TECHNICAL CONTACT: Jim Holcomb - 972-442-8142 IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THIS OFFICE AS SOON AS POSSIBLE. City of Wylie,Texas Issue Date: , 2003 TABLE OF CONTENTS SECTION TITLE PAGES 1.0 SCOPE OF SERVICES 2 2.0 GENERAL INFORMATION 2 3.0 PROPOSAL SELECTION 2 thru 3 4.0 PROPOSAL FORMAT 3 5.0 GENERAL TERMS AND CONDITIONS 4 thru 5 ALSO INCLUDED: ATTACHMENT"A"- Summary of existing facilities to be included in Assessment 1 1.0 SCOPE OF SERVICES: 1.1 The proposed Survey and Assessment shall include three major components: 1.1.1 PHASE ONE -ASSESSMENT OF CURRENT SPACE A. An inventory by office or department in all existing City facilities shall be performed to determine the current square footage of each. A floor plan diagram for each building shall be prepared noting current locations, usages, and identifying all bearing walls. In addition to compiling data on current usage, the final report shall assess adjacency needs, meeting space requirements, current deficiencies, security concerns, storage requirements and projected growth requirements. 1.2.1 PHASE TWO- PROJECTIONS TO MAXIMIZE CURRENT FACILITIES A. Based on the findings revealed in Phase One, recommendations shall be provided regarding possibilities within existing facilities for increasing the efficiency of daily operations through renovation, consolidation, rearrangement, temporary facilities, space rental and other cost-effective options. 1.3.1 PHASE THREE—PROJECTIONS TO MEET FORESEEABLE FUTURE NEEDS A. Using available census data, planned neighborhood growth patterns, anticipated traffic projections and other demographic information, the consulting firm shall prepare an analysis to forecast City needs for such new and expanded facilities as City Halls, fire stations, EMS locations, public libraries, public parks, sports and recreation centers, senior centers, etc., and outline how all of these facilities could best work with WISD projections for future school construction. 2.0 GENERAL INFORMATION 2.1 The City of Wylie is seeking an experienced and qualified design and consulting firm to prepare a study of existing and future City facilities and space needs, with the goal of improved space utilization in City offices, to include possible renovation, consolidation or relocation of offices and functions and long range projections for construction of new City facilities. 2.2 The required Survey and facilities/space study by a professional space planner, must provide an objective, professional assessment of current facilities, as well as recommend a range of improvements and projections for expansion. 2.3 All inquiries concerning this Request for Proposal should be made to Jim Holcomb, Purchasing Agent, City of Wylie Texas, 2000 Highway 78 North, Wylie,Texas 75098 - 972-442-8142. 2.4 A mandatory pre-proposal tour of all facilities is scheduled for, 2003, at 10:00 a.m. The tour will begin at the Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas. General floor plans for all existing buildings will be available. 3.0 PROPOSAL SELECTION 3.1 A preliminary evaluation of all proposals will be conducted by City staff. At least two firms will be invited to present and discuss their proposals. 2 3.2 Subsequent to interviews with City staff, negotiations will begin with the firm submitting the best evaluated proposal. If a satisfactory agreement cannot be reached with the selected firm, negotiations will be terminated. Staff will then initiate negotiations with the second ranked offeror. This process will continue until a Contract is negotiated with a qualified consulting firm for a fair and reasonable fee. Once a satisfactory Contract is negotiated, an award will be recommended to City Council. 3.3 The following criteria will be used in evaluating the proposals to determine those firms invited for presentations/interviews: 1. Experience and qualifications of proposed personnel to be assigned to project. 2. General technical approach and understanding of the assignment. 3. Proposed methodology to be used and experience with similar studies. 4. Proposed work management plan and scheduled completion of project. 5. Professional fee range. 6. Previous experience with similar studies. 3.4 The City reserves the right to reject any or all proposals. 4.0 PROPOSAL FORMAT 4.1 Five (5) copies of the Proposal must be submitted to the City at the address indicated on the first page of the RFP. Each proposal must include a transmittal letter that bears the signature of an authorized representative of the firm as well as the name of individuals authorized to negotiate with the City, and should conform to the following format: 1 Transmittal letter 2 Brief statement of the firm's qualifications for the proposed project. 3 A statement of the scope of services to be performed by the firm. 4 Firm's philosophy of space planning and design. 5 Estimated time required for completion. 6 Personnel assigned to the project, including resumes and other current projects to which they are assigned. 7 Proposed management structure, indicating the relationship of key personnel and the percentage of time to be devoted to this project. Identify any outside firms or individuals for which an association is proposed to accomplish the work. 8 Cost summary for study, including hourly rates and a "not to exceed" amount for services required. 9 List of client references including the name, address and telephone number of a contact person, along with a brief description of the project for which a feasibility study was prepared. 3 5.0 GENERAL TERMS AND CONDITIONS 5.1 Submission of Proposals A. Proposals shall be submitted in the specified form and format. Include ALL information as requested or required. Proposals shall be sealed and properly identified as a"Proposal for Facility Needs Assessment", and must be received on or before the specified time and date. Proposals may be either mailed or hand delivered to City of Wylie, Office of the Purchasing Agent, 2000 Highway 78 North,Wylie, Texas 75098. B. When proposals are mailed in and not identified as specified above, the offeror takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the proposal to be disqualified. The City reserves the right to declare such a proposal as non-responsive. 5.2 Late Proposals Late proposals will be returned UNOPENED if the proposer's return address is shown. 5.3 Fees To Be Held Firm Proposed fees must be held firm for City acceptance for sixty(60)days from the due date. 5.4 Authority to Bind Firm in Contract Proposals must give full firm name and address. Failure to manually sign the proposal may disqualify it from being considered. Person signing proposal should show TITLE and written AUTHORITY TO BIND THE FIRM IN A CONTRACT. 5.5 Exemption from Taxes The City of Wylie, Texas is exempt from State Sales Tax and Federal Excise Tax. A Tax Exemption Certificate is available upon request. 5.6 Completion Time Time required for completion services is a part of the consideration and must be stated in definite terms and clearly outlined in the proposal. 5.7 Rights of City A. The City reserves the right to reject any or all proposals, to accept any items thereon, to waive technicalities or informalities, and to make the award to the firm whose proposal is determined to be the best evaluated proposal representing the best value for the City. B. When more than one proposal is offered by any one firm or agent, by or in the name of his clerk, partner, or other agent or representative, the City reserves the right to reject all such proposals. 5.8 License Requirement All firms doing business in the City of Wylie, Texas are required to be licensed in accordance with the City's ordinances. 4 5.9 Method of Payment Upon receipt of invoice for professional fees, the City will render payment within thirty (30) days or in accordance with the payment terms set forth in the contract . Invoices shall be submitted to: City of Wylie, Texas Purchasing Agent 2000 Highway 78 North Wylie, Texas 75098 5.10 Contract Documents The Contract entered into by the parties shall consist of the Request for Proposal, the signed proposal submitted by the consultant, the City of Wylie's Standard Purchase Order/Contract, and all terms and conditions, all of which shall be referred to collectively as the Contract Documents. 5 WYLIE CITY COUNCIL AGENDA ITEM NO. a . May 27, 2003 Issue Consider and act upon approval of an Ordinance of the City of Wylie, amending the budget for Fiscal Year 2003, beginning October 1, 2002, and ending September 30, 2003; repealing all conflicting ordinances; containing a severability clause; and providing for an effective date. Background Assumptions that form the basis of revenue and expenditure projections are made in August preceding the adoption of the budget in September. The mid-year review process enables the City to determine the validity or accuracy of the assumptions. The process also contemplates that the City operates in a dynamic environment and that actions are required to appropriately respond to the change in conditions. This represents a change to both revenues and expenditures. The proposed budget amendments consist of re-estimates of revenues in the General Fund, and amendments to appropriations in the General,4B Sales Tax Revenue and Fleet Replacement Funds.The proposed amendments also include the creation of the Park Acquisition and Improvement Fund. The purpose of this fund is to account for the receipt and expenditure of Parkland Dedication Fees. Financial Considerations Mid-year Ending Fund Balance 1,925,720 - 544,880 861,060 Less: Net Increases in Expenditures (226,330) 62,090 (20,000) (20,000) Estimated Ending Fund Balance 1,699,390 62,090 524,880 841,060 Original Budget Amended Budget Total Expenditures 25,506,730 26,536,940 Total Revenues 17,617,360 17,802,560 Net Increase in Expenditures 1,030,210 Net Increase in Revenues 185,200 Other Considerations The City Charter under Article 7, Municipal Finance, Section 4: Amendments After Adoption "If during the fiscal year, the City Manager certifies that there are revenues available for appropriation in excess of those estimated in the budget, the City Council may make supplemental appropriations to fund other appropriations as desired." Staff Recommendation It is recommended that the City Council approve the amendments as proposed and adopt the ordinance amending the Fiscal Year 2002-2003 Budget. Attachments Attachment 1 —Combined Summary Attachment 2— Summary of Proposed Changes Attachment 3 —Proposed Mid-Year Budget Amendments—Narrative Mid-Year Budget Ordinance Prepared by Re e ed y Fin ce City • rr pproval ATTACHMENT 1 CITY OF WYLIE PROPOSED FY2003 MID-YEAR BUDGET AMENDMENTS May 27,2003 COMBINED SUMMARY 2002-2003 ALL 2002-2003 ALL FUNDS 4B SALES TAX FUNDS NET CHANGE ORIGINAL GENERAL PARK A&I REVENUE AMENDED (for purposes of BUDGET FUND FUND FUND BUDGET(1) comparison) AUDITED FUND BALANCE 9-30-02 16,977,300 N/A N/A N/A 16,977,300 N/A REVENUES: Ad Valorem Taxes 6,611,230 6,611,230 - Non-Property Taxes 1,868,700 1,868,700 - Franchise Fees 979,000 979,000 - Licenses and Permits 865,100 865,100 - Intergovernmental Revenue 264,500 4,370 147,140 416,010 151,510 Service Fees 6,957,670 172,000 7,129,670 172,000 Court Fees and Fines 486,400 486,400 - Interest&Miscellaneous Income 411,300 411,300 - Bond Proceeds - - - Transfers from Other Funds 852,090 185,840 1,037,930 185,840 TOTAL REVENUES 19,295,990 4,370 504,980 - 19,805,340 509,350 EXPENDITURES: General Government 3,594,980 4,900 3,599,880 4,900 Public Safety 4,826,890 30,600 4,857,490 30,600 Urban Development 781,290 - 781,290 - Streets 867,150 40,000 907,150 40,000 Community Services 1,698,470 24,370 340,000 20,000 2,082,840 384,370 Utilities 4,862,650 4,862,650 - Debt Service 3,387,830 3,387,830 - Capital Projects 8,589,000 8,589,000 - Economic Development 688,220 688,220 - Transfers to Other Funds 852,090 185,840 1,037,930 185,840 TOTAL EXPENDITURES 30,148,570 285,710 340,000 20,000 30,794,280 645,710 ENDING BALANCES 6,124,720 5,988,360 NET CHANGE TO ENDING FUND BALANCE (281,340) 164,980 (20,000) (136,360) (136,360) TOTAL REVENUES 19,805,340 NET DECREASE(INCREASE)IN FUND BALANCES(Original Budget) 10,852,580 Amendments to Budget 136,360 TOTAL APPROPRIABLE FUNDS 30,794,280 (1) All funds are included in the Original Budget and Amended Budget columns. However, individual fund columns include only the funds that are affected by proposed budget amendments. PROPOSED FY 2003 MIDYEAR BUDGET AMENDMENTS GENERAL FUND ATTACHMENT 3 05/27/03 Audited Fund Balance 9-30-2002 $ 2,709,290 FY 2003 Original Budgeted Revenues 10,092,360 FY 2003 Original Budgeted Appropriations 10,875,930 Mid-Year Ending Fund Balance 1,925,720 Net Amendments equals gross appropriations of$285,710 minus new revenues Mid-Year Budget Amendments (Net) (281,340) of$4,370. Estimated ending Fund Balance represents 14.7 of amended budgeted Estimated Ending Fund Balance $ 1,644,380 expenditures or 53.8 days. EXP/ DEPARTMENT ACCOUNT NO. (REV) AMOUNT DESCRIPTION Library 10-000-43420 Rev 4,370 State Library Grant Total Revenues $ 4,370 Combined Services 10-181-58039 Exp 185,840 Operating Transfer of reserved Parkland Dedication Fees to Park A& I. Combined Services 10-181-56060 Exp 4,900 Estimated quarterly payment of ambulance contract of$8,625. Increased to $9,850 Qtly. Requesting difference. Fire 10-231-52310 Exp 4,100 FY 2003 Budget$12,300. Requesting to increase budget$4,100 to cover the projected increase in fuel usage. Fire 10-231-54510 Exp 20,000 Additional request for Vehicle Maint., FY 2003 Budget$35,000. Q2 has required an excessive amount of repairs and the unit out of service first six Fire 10-231-54630 Exp 6,500 lnitital FY2003 Budget$7,500. Requesting $6,500 of which $3,500 to repair one of the thermal imaging cameras. Streets 10-411-56610 Exp 40,000 Due to unanticipated electrical demand and inconsistencies in TXU electrical billing. Parks 10-511-56610 Exp 20,000 Due to unanticipated electrical demand and inconsistencies in TXU electrical billing. Library 10-551-51xxx Exp 4,370 Library received state grant funding. Money will be allocated to provide additional part-time staffing hours for the summer. Total Expenditures $ 285,710 PROPOSED FY 2003 MID YEAR BUDGET AMENDMENTS PARK ACQUISITION AND IMPROVEMENT FUND ATTACHMENT 3 05/27/03 Audited Fund Balance 9-30-2002 $ 0 FY 2003 Original Budgeted Revenues 0 FY 2003 Original Budgeted Appropriations 0 Mid-Year Ending Fund Balance 0 Mid-Year Budget Amendments 0 Mid-Year Ending Fund Balance 0 Revenues 504,980 Expenditures 340,000 Transfers from General Fund 0 Estimated Ending Fund Balance $ 164,980 Estimated ending Fund Balance EXP/ DEPARTMENT ACCOUNT NO. (REV) AMOUNT DESCRIPTION 141 141-000-43514 Rev 147,140 Collin County Parks Grants, Birmingham and Community Park 141 141-000-44134 Rev 172,000 Parkland Dedication Fees 141 141-000-34110 Rev 185,840 Transfer from the General Fund for reserved Parkland Dedication Fees. Total Revenues $ 504,980 West Zones 141-623-5xxxx Exp 60,000 Completion of Quail Meadow Park. To date, $30,000 already spent this FY. Central Zone 141-622-5xxxx Exp 80,000 Continuation of park projects in Community Park and Valentine Park. East Zone 141-622-5xxxx Exp 200,000 Cash match by City for County grant of$100,000 at Birmingham Park. Total Expenditures $ 340,000 PROPOSED FY 2003 MID-YEAR BUDGET AMENDMENTS 4B SALES TAX REVENUE FUND ATTACHMENT 3 05/27/03 Audited Fund Balance 9-30-2002 $ 544,880 FY 2003 Original Budgeted Revenues 476,600 FY 2003 Original Budgeted Appropriations 688,220 Mid-Year Ending Fund Balance 333,260 Mid-Year Budget Amendments (20,000) Estimated Ending Fund Balance $ 313,260 EXP/ DEPARTMENT ACCOUNT NO. (REV) AMOUNT DESCRIPTION Parks 131-614-58150 Exp 20,000 Contribution to the Trinity Trail Association, council approved resolution on Sept. 25, 2001. Funds have been requested by Association. Total Expenditures $ 20,000 ATTACHMENT 2 PROPOSED FISCAL YEAR 2003 MID-YEAR BUDGET AMENDMENTS NARRATIVE GENERAL FUND REVENUES • $4,370 State Library Grant. This funding is from a State grant for direct aid to library's. The Library is going to utilize these funds for part-time staffing hours during the busy summer rush. EXPENDITURES Combined Services • $185,840 Operating Transfer to Park Acquisition & Improvement Fund. The fiscal year 2002 audit in the general fund includes a reservation of Fund Balance for Parkland of $185,840. This reserve is the result of collected and unspent Parkland Dedication Fees over a period of several years. The requested transfer of $185,840 to the Park Acquisition and Improvement Fund will place all of the past unspent parkland revenues into this new fund. • $4,900 for Ambulance Contract. An additional $4,900 has been requested to cover the contractual ambulance agreement. The FY2003 budget includes $34,500 for this service; the new contract is for$39,400. Fire • $4,100 for Fuel & Lubricants. These funds are needed to cover the increase the projected increase in fuel usage. • $20,000 for Motor Vehicles. Vehicle Maintenance has increased this year due to Q2 has had an excessive amount of repairs and has been out of service half of the first six months of the budget cycle. Some may be related to the vehicle accident but many repairs are related to the age of the vehicle. Account budget for the year is $35,000, and Actual as of April 30 is $26,461.31. Considering the history of the vehicle the city should anticipate additional repairs this fiscal year. • $6,500 for Tools & Equipment. The department has requested an increase to this maintenance account. One of the thermal imaging cameras needed to be repaired cost the department $3,900, or 52% of their $7,500 fiscal year budget. The thermal imaging camera repaired has been in service for four years. Requesting increase to cover additional repair costs as they arise. FY2003 MID-YEAR BUDGET AMENDMENTS PAGE 1 ATTACHMENT 2 PROPOSED FISCAL YEAR 2003 MID-YEAR BUDGET AMENDMENTS NARRATIVE GENERAL FUND (page 2) Streets ■ $40,000 for Utilities Electric. Due to unanticipated electrical demand and inconsistencies in TXU electrical billing statements. Parks • $20,000 for Utilities Electric. Due to unanticipated electrical demand and inconsistencies in TXU electrical billing statements. Library • $4,370 Part - Time Staffing - State Library Grant. This funding is from a State grant for direct aid to library's. The Library is going to utilize these funds for part- time staffing hours during the busy summer rush. FY2003 MID-YE4R BUDGET AMENDMENTS PAGE 2 ATTACHMENT 2 PROPOSED FISCAL YEAR 2003 MID-YEAR BUDGET AMENDMENTS NARRATIVE PARK ACQUISITION & IMPROVEMENT FUND REVENUES ■ $147,140 in Intergovernmental Revenue - from Collin County Park Grants. The County has awarded the City a grant for park improvements for $47,140 for Community Park located in the Central Zone and a $100,000 for Birmingham Park in the East Zone. These grants require cash matches for park improvements. • $172,000 in Parkland Dedication Fees. The West zone received $127,500 and the Central Zone received $44,500. These fees can be used for cash matching ability to grants or general park improvements in identified zones. • $185,840 Operating Transfer from the General Fund. The General Fund has $185,840 reserved for parkland use in its Fund Balance. Requesting transfer of the complete amount held in reserve to the new Park A& I Fund. EXPENDITURES • $60,000 for Park Expenses — West Zone. To date, $30,000 has been allocated for completion of Quail Meadow Park. The remaining $30,000 is anticipated miscellaneous expenditures. Funding will be allocated from the Parkland Dedication Fees-West Zone. ■ $80,000 for Park Expenses — Central Zone. Actual expenses paid to-date for Community Park and Valentine Park total approximately $10,000. The anticipated expenditures of $ 70,000 include a Playground for Community Park and other miscellaneous items. A small portion of the grant will be completed FY 2004. • $200,000 for Park Expenses — East Zone. The Collin County grant match of $100,000 for Birmingham Park will require a cash match $100,000. Parkland Dedication funds to-date has purchased Park items to include picnic tables, benches, cooking Grills and other miscellaneous items for Cimarron Park. Total cost to date is approximately $7,000. The East Zone is anticipating an additional $193,000 of expenditures for completion of Birmingham Park. FY2003 MID-YEAR BUDGET AMENDMENTS PAGE 3 ATTACHMENT 2 PROPOSED FISCAL YEAR 2003 MID-YEAR BUDGET AMENDMENTS NARRATIVE 4B SALES TAX REVENUE FUND EXPENDITURES Parks ■ S20,000 for Land Betterment. On September 25, 2001, Council approved a resolution to contribute $20,000 to the Trinity Trail Association. The Association has recently requested the City of Wylie's pledge. Prior to payment of the $20,000 in a lump sum, staff intends to develop an agreement with the Association that will allow the City to verify and to audit expenditures made by the Association to improve the trailhead. FY2003 MID-YEAR BUDGET AMENDMENTS PAGE 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE BUDGET FOR THE FISCAL YEAR 2003 BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003, BY AMENDING ORDINANCE NO. 2002-31; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has heretofore adopted Ordinance No. 2002-31 adopting a Budget and appropriating resources for Fiscal Year 2003 (FY2003) beginning October 1, 2002, and ending September 30, 2003; and, WHEREAS, the Staff has presented information to the Council concerning the actual income and expenses for the first half of FY2003 and made comparisons of such information to the heretofore budgeted projections; and, WHEREAS, based upon such review the Staff has recommended to the Council that certain amendments to the Budget, as hereinafter set forth, be made to facilitate operation and administration of the operations of the City for the balance of FY2003; and, WHEREAS, the Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the Council has determined that the proposed amendments to the FY2003 Budget, with the revenues and expenditures therein contained, is in the best interest of the City and therefore desires to adopt the same by formal action; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I The proposed amendments to the FY2003 Budget of the City of Wylie, as heretofore adopted by Ordinance No. 2002-31, as summarized in Attachment 1 which is attached hereto and fully incorporated herein by reference, be, and the same hereby are, completely adopted and approved as amendments to the said FY2003 Budget. SECTION II All portions of the existing FY2003 Budget and Ordinance No. 2002-31, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 27th day of May, 2003. John Mondy, Mayor ATTEST: Carol Ehrlich, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. 3. May 27, 2003 Issue Consider and act upon adopting an ordinance granting a franchise agreement to Oncor Electric Delivery Company. Background The current franchise agreement with Oncor Electric Delivery Company will expire in May. The proposed new agreement puts in updated ordinance form the various adjustments that have been made over the past several years due to deregulation and settlement agreements. Specifically, the method of calculation of the franchise fee is now based on the amount of kilowatt hours delivered. Further, as a result of the Denton Settlement, 4% of the gross revenues received by Oncor from "Discretionary Service Charges" are included within the franchise fee calculation. The term of the franchise is 15 years with a five year extension. The term of the previous agreement was 20 years. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Ordinance reps by evi d by Finance City Ma r Approval ORDINANCE NO. 2003-10 AN ORDINANCE GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC POWER FRANCHISE TO USE THE PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS AND PUBLIC GROUNDS AND RIGHTS-OF-WAY OF WYLIE, TEXAS, PROVIDING FOR COMPENSATION THEREFOR, PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE, PROVIDING FOR THE REPEAL OF ALL EXISTING FRANCHISE ORDINANCES TO ONCOR, ITS PREDECESSORS AND ASSIGNS, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC. BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE,TEXAS: SECTION 1. GRANT OF AUTHORITY: That there is hereby granted to Oncor Electric Delivery Company, its successors and assigns (herein called "Oncor" or "Company"), the right, privilege and franchise to construct, extend, maintain and operate in, along, under and across the present and future streets, alleys, highways, and other public grounds and rights-of-way of Wylie, Texas (herein called "City") electric power lines, with all necessary or desirable appurtenances (including underground conduits, poles, towers, wires, transmission lines and other structures, and telephone and communication lines for its own use), for the purpose of supplying electricity to the City, the inhabitants thereof, and persons, firms and corporations beyond the corporate limits thereof, for the term set out in Section 7. SECTION 2. Poles, towers and other structures shall be so erected as not to unreasonably interfere with traffic over streets, alleys and highways. SECTION 3. Oncor shall not be required to pay for street cutting, street excavation or other special permits or be required to post any type of bond related to excavations in Public Rights-of-Way in connection with Company's operations in Public Rights-of-Way. Company shall construct its facilities in conformance with the applicable provisions of the National Electric Safety Code or such comparable standards as may be adopted. SECTION 4. Oncor shall hold the City harmless from all expense or liability for any act or neglect of Oncor hereunder. SECTION 5. This franchise is not exclusive, and nothing herein contained shall be construed so as to prevent the City from granting other like or similar rights, privileges and franchises to any other person, firm, or corporation. SECTION 6. In consideration of the grant of said right, privilege and franchise by the City and as full payment for the right, privilege and franchise of using and occupying the said streets, alleys, highways and other public grounds and rights-of-way, and in lieu of any and all occupation taxes, assessments, municipal charges, fees, easement taxes, franchise taxes, license, permitting and inspection fees or charges, street taxes, bonds, street or alley rentals, certain regulatory expenses under Section 33.023 of the Public Utility Regulatory Act, Title 2, Texas Utilities Code ("PURA"), as amended, or any similar or successor law, and all other taxes, charges, levies, fees and rentals of whatsoever kind and character which the City may impose or hereafter be authorized or empowered to levy and collect, excepting only the usual general or special ad valorem taxes which the City is authorized to levy and impose upon real and personal property, sales and use taxes, and special assessments for public improvements, Oncor shall pay to the City the following: (a) On an annual basis,a charge, as authorized by Section 33.008(b)of PURA and as specified by Oncor to the City by letter dated January 21, 2002. 1. The first payment hereunder shall be due and payable on or before June 30, 2003, based on each kilowatt hour of electricity delivered by Oncor during the twelve-month period ended March 31, 2003, to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries. This initial payment and the payment provided on or before June 30 of each year throughout the life of this franchise are for the rights and privileges granted hereunder for the twelve months preceding the payment date (July 1 — June 30). The final payment due under this agreement will be due on or before June 30, 2023 and will cover the privilege period of July 1, 2022—June 30, 2023. 2. Thereafter, on or before June 30 of each year throughout the life of this franchise, Oncor, shall pay to the City an amount as authorized by Section 33.008(b) of PURA based on the preceding twelve-month period ended March 31;and (b) Beginning January 1, 2003, a sum equal to four percent (4%) of gross revenues received by Oncor from services identified in its "Tariff for Retail Delivery Service", Section 6.1.2 "Discretionary Service Charges," items DD 1 through DD24,that are for the account and benefit of an end-use retail electric consumer. 1. The franchise fee amounts based on "Discretionary Service Charges" shall be calculated on an annual calendar year basis, i.e. from January through December 31 of each calendar year. 2. The franchise fee amounts that are due based on"Discretionary Service Charges"shall be paid at least once annually on or before April 30 each year based on the total "Discretionary Service Charges" received during the preceding calendar year. The initial Discretionary Service Charge franchise fee amount will be paid on or before April 30, 2004 and will be based on the calendar year January 1 through December 31, 2003. The final Discretionary Service Charge franchise fee amount will be paid on or before April 30, 2023 and will be based on the calendar year January 1 through December 31, 2022. 3. Oncor may file a tariff or tariff amendment(s)to provide for the recovery of the franchise fee on Discretionary Service Charges. 4. City agrees (i) to the extent the City acts as regulatory authority, to adopt and approve that portion of any tariff which provides for 100% recovery of the franchise fee on Discretionary Service Charges; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the City will take an affirmative position supporting the 100% recovery of such franchise fees by Oncor and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100%recovery of such franchise fees by Oncor. 5. City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by Oncor. (c) Notwithstanding anything to the contrary in Sections 6(a) and 6(b) hereof, if Oncor files general rate cases and the City incurs cumulative expenses, otherwise reimbursable by Oncor under Section 33.023 of PURA, as amended, or similar or successor law, in excess of$4 million, then in such event, Oncor shall reimburse all of the expenses incurred by the City in connection with all general rate cases filed during the period beginning June 1, 1993, and ending June 21, 2008, in excess of said $4 million. The term "general rate case" as used in this Ordinance means a rate case initiated by Oncor in which it seeks to increase its rates charged to a substantial number of its customer classes in the City and elsewhere in its system and in which Oncor's overall revenues are determined in setting such rates. The City agrees to exercise reasonable best efforts, considering the facts and circumstances,to keep its expenses on average to under$1,000,000 per general rate case. SECTION 7. This Ordinance shall become effective upon Oncor's written acceptance hereof, said written acceptance to be filed by Oncor with the City within sixty (60) days after final passage and approval hereof The right,privilege and franchise granted hereby shall begin on May 27,2003 and expire on June 30, 2018. Upon mutual agreement of the parties, the term of this Ordinance may be renewed for an additional term of five (5) years on the same terms and conditions as set forth herein or as negotiated by the parties hereto. Negotiations for renewal may commence no later than six (6) months prior to the expiration of any term of this Ordinance. SECTION 8. This Ordinance shall supersede any and all other franchises granted by the City to Oncor, its predecessors and assigns. SECTION 9. In order to accept this franchise, Company must file with the City Secretary its written acceptance of this franchise ordinance within sixty(60) days after its final passage and approval by City. SECTION 10. It is hereby officially found that the meeting at which this Ordinance is passed is open to the public and that due notice of this meeting was posted, all as required by law. PASSED AND APPROVED at a regular meeting of the City Council of Wylie, Texas, on this the day of , 2003. Mayor Wylie ATTEST: City Secretary STATE OF TEXAS § COUNTIES OF COLLIN, DALLAS, AND ROCKWALL § CITY OF WYLIE § I , a City Secretary of Wylie, Collin, Dallas, and Rockwall Counties, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and approved by the City Council of Wylie, Texas, at a session, held on the day of ,2003. WITNESS MY HAND AND SEAL OF Wylie,this the day of , 2003. City Secretary Wylie, Texas At the Regular Meeting of May 27°', The Wylie City Council passed and approved three ( 1 ) ordinance(s). The captions for said ordinance(s)are herein submitted for publication by the official city newspaper,The Wylie News.) I am sending, by email the ordinance captions as approved by the Wylie City Council, per our publication requirements. Please publish once, as they appear. Thank you. Should you have any questions or concerns, please contact 442-8103 immediately. ORDINANCE NO. NO. 2003-11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE WYLIE ANIMAL SHELTER ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF ITS MEMBERS AND THE METHOD OF FILLING VACANCIES; PROVIDING FOR THE QUALIFICATIONS OF ITS MEMBERS; DEFINING A QUORUM AND VOTING REQUIREMENTS; PROVIDING FOR THE DESIGNATION OF OFFICERS; PROVIDING FOR THE POWERS AND DUTIES OF THE ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 10th day of JUNE. 2003. JOHN MONDY, Mayor ATTESTED: Carole Ehrlich, City Secretary rx' ,4 kg'