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04-11-2000 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, April 11, 2000 7:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 ::.;;;:.:.;:.;....... ... Recognition of the Wylie Independent School District's Star Students in conjunction with the Character Education Program. moduteminotooktivitmoillostwomikiiiimmonnwamomm A. Approval of the Minutes from the March 28,2000 Regular Meeting. B. Consider and act upon approval of a resolution to authorize the negotiation and execution of an agreement to provide supplemental police patrol to the Lake Lavon Project in 2000. mI` , .ItIN)I WI L`>. NS ' ` I# ::>::.::: >;om==«=>=> ==i 1. Consider and act upon a final plat for the Sage Creek Amenity Center,proposed by Tipton Engineering for Paramount Land Development, for the property generally located at the southeast corner of Springwell Parkway and Riverway Lane and being all of a certain 2.96 acre tract out of the Moses Sparks Survey, Abstract No.849,City of Wylie,Collin County,Texas. 2. Hold a Public Hearing to consider and act upon a request from Laurence DeBerry,for approval of a zone change from SF-3 (Single Family Residential)to 2F (Two Family Duplex) for the property generally located at the northeast corner of Birmingham Street and Kirby and being all of Lots 24 & 25A, Block 0,of Southside Addition,City of Wylie,Collin County,Texas. ZC 200-01 3. Hold a Public Hearing to consider and act upon a request from Tipton Engineering, Inc., for approval of a zone change from A (Agricultural) to PD (Planned Development)for a master planned single family neighborhood for the property generally located along the south side of McMillian road and east of the Southfork Mobile Home Development and being all of a certain 50.7752 acre tract out of the John W. Mitchell Survey,Abstract No. 589,City of Wylie, Collin County,Texas. ZC 99-10. 4. Consider and act upon approval of a change to Work Order No. WYL-38 authorizing 4D Construction Company to proceed with the relocation of a sewer line servicing Universal Transformer. ................................. IO '< >>'[i;NF >ggig;: POOP< >`'»' >> „I'{ € >>E,::: '`>::;M:>M In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Law), Section 551.074 Personnel Matters, appointment of a new city manager and 551.072 Real Property. >:<:::;>::: :::>::>1C:0NV_ENEG'SQL .................:::::.:::::::::::::::::::::. .:::. :::::::::........................... Take any action as a result of Executive Session. 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. Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. 9 I certify that this Notice of Meeting was posted on this 7 day of 2000 at 5:00 p.m. as required by law in accordance Section 5 .042 of the Texas Government Code and that the appropriate news media contacted. ity Secretary Date Notice Removed , 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 972/442-8100 or TD 972/442-8170. Page 2 of 2 NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, April 11, 2000 7:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Recognition of the Wylie Independent School District's Star Students in conjunction with the Character Education Program. ;:_;:; '1'Il .mot i�i? € fit.���=�> :�...:.::::::::::::::::::::::::::::::::._:::::::::: :::::.:::::: A. Approval of the Minutes from the March 28,2000 Regular Meeting. B. Consider and act upon approval of a resolution to authorize the negotiation and execution of an agreement to provide supplemental police patrol to the Lake Lavon Project in 2000. 1. Consider and act upon a final plat for the Sage Creek Amenity Center,proposed by Tipton Engineering for Paramount Land Development, for the property generally located at the southeast corner of Springwell Parkway and Riverway Lane and being all of a certain 2.96 acre tract out of the Moses Sparks Survey, Abstract No.849,City of Wylie,Collin County,Texas. 2. Hold a Public Hearing to consider and act upon a request from Laurence DeBerry,for approval of a zone change from SF-3 (Single Family Residential)to 2F (Two Family Duplex) for the property generally located at the northeast corner of Birmingham Street and Kirby and being all of Lots 24 & 25A, Block 0,of Southside Addition,City of Wylie,Collin County,Texas. ZC 200-01 3. Hold a Public Hearing to consider and act upon a request from Tipton Engineering, Inc., for approval of a zone change from A (Agricultural) to PD (Planned Development)for a master planned single family neighborhood for the property generally located along the south side of McMillian road and east of the Southfork Mobile Home Development and being all of a certain 50.7752 acre tract out of the John W.Mitchell Survey,Abstract No. 589,City of Wylie, Collin County,Texas. ZC 99-10. 4. Consider and act upon approval of a change to Work Order No. WYL-38 authorizing 4D Construction Company to proceed with the relocation of a sewer line servicing Universal Transformer. :iO1` ':': >`:':>g.M;i <<'> »> > < >':<>>':>< <'<' > '<>< <>`=?;<< '>< > ' >`:; In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Law), Section 551.074 Personnel Matters, appointment of a new city manager and 551.072 Real Property. Take any action as a result of Executive Session. 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. Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on this day of 2000 at 5:00 p.m. as required by law in accordance th Section4/2Z(Z--, .042 of the Texas Government Code and that the appropriate news media contacted. l/ Secre Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special p assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Page 2 of 2 MINUTES Wylie City Council Tuesday, March 28, 2000 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Call to Order-7:00 p m. Council Present: Mayor John Mondy, Joel Scott, Reta Allen, Merrill Young, and Chris Trout. Councilman Worley was absent. Staff Present: Mike Collins, City Manager, Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director; Tobin Maples, Planning Director; Jack Jones, Capital Projects; Jim Jenks, Hogan Corporation; Shan English, Fire Chief; Robert Diaz, Community Center Coordinator; Stanton Forester, Traffic Engineer and Barbara Salinas, City Secretary. Invocation& Pledge of Allegiance Deacon Warner Washington, St. Anthony Catholic Church was present to give the invocation and Former Councilman Place 3, Mr. Jim Swartz was asked to lead the Pledge of Allegiance. Proclamations& Presentations Due to the threat of severe weather, the Mayor asked that we forego the reading of the proclamations for Student Government Day and International Building Public Safety Week in order to move quickly through the agenda and excused the students from attendance. The Mayor gave a brief statement regarding the Student Government Day activities that will take place on Wednesday, March 29, 2000 at the Municipal Complex. Students who will take active roles as Council members were present and recognized by the Mayor. Citizens Participation Sharon Dowdy Ms. Dowdy provided clarification to Council with regard to her "no" vote at the February 21, 2000 regular meeting of the Planning Zoning Commission. She clarified her comments specific to Council's agenda Item No. 3, Development Plan/Preliminary Plat for Phase HI of the Lakeside Estates Addition. Ms. Dowdy also wished Mr. Collins well in his new position. Sam Satterwhite-Wylie Economic Development Director& Chamber of Commerce Representative. Mr. Satterwhite was present representing both the Wylie Economic Development Office and the Chamber of Commerce. A plaque of appreciation was presented to Mr. Collins. March 28,2000 City Council Minutes Page 1 Consent Agenda Councilwoman Reta Allen asked that the spelling of Councilman Worley's name be corrected in the minutes. With that correction Councilwoman Allen made a motion to approve the minutes of March 14, 2000. Councilman Trout seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Worley absent and Place 3 vacant. The Mayor then moved to Item No. 2. Consider and act upon a recommendation to the City Council regarding a Site Plan/Preliminary Plat for the Parker Addition, proposed by Jackson & Associates Land Surveyors, Incorporated for the property generally located at the northeast corner of FM544 and FM1378 across from the High School and being all of a certain 4.201 acre tract situated in the J.W. Curtis Survey, Abstract No. 196 and the M Milron Survey, Abstract No. 563, City of Wylie, Collin County,Texas. Mr. Tobin Maples, Planning Director provided a brief background of this case and a recommendation from the Planning and Zoning Commission for approval, subject to approval of the rear yard set back variance. Councilman Trout made a motion to approve the Site Plan/Preliminary Plat for the Parker Addition, proposed by Jackson & Associates Land Surveyors, Incorporated for the property generally located at the northeast corner of FM544 and FM1378 across from the High School and being all of a certain 4.201 acre tract situated in the J.W. Curtis Survey, Abstract No. 196 and the M Milron Survey, Abstract No. 563, City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Worley absent and Place 3 vacant. Item 3. Consider and act upon an Ordinance and Development Plan/Preliminary Plat for Phase iii of the Lakeside Estates Addition, proposed by Carter & Burgess for the property generally located at the northeast corner of FM544 and Springwell Parkway along the north side of the railroad and being all of a certain 37.090 acre tract out of the Moses Sparks Survey, Abstract No. 849 and the G.W. Gunnell Survey, Abstract No. 351, City of Wylie, Collin County,Texas. The Mayor asked for the City Attorney's input on Council's options. Mr. Rebecca Brewer, representing Abernathy Roder Robertson & Joplin, stated that the Code is specific regarding approval; if the plat meets all requirements, Council must approve or the Council, or individual members of Council could be held liable if they vote to deny. Mr. Brewer cited a Dallas case where individual members were sued. Mr. Matt Robertson, Carter & Burgess, and representing the applicant was present. The Mayor asked Mr, Brewer if Council could negotiate at this point. Ms. Brewer responded by stating that if two parties are willing to negotiate, then yes; however, if the plat meets all requirements,the Council has no option but to approve. March 28,2000 City Council Minutes Page 2 There was some concern regarding access roads and signalization at the Railroad Crossing. Mr. Robertson stated the volume of traffic would determine what would be warranted and that TxDOT would review after 6-7 months. Estimated time of completion is approximately one year. There was some discussion regarding lights at the crossing, Mr. Robertsons stated that the Railroad would be responsible to install. The Mayor asked that Council be updated within 45 days on the progress with regard to the Railroad crossing. Councilman Scott made a motion to approve the Ordinance and Development Plan/Preliminary Plat for Phase III of the Lakeside Estates Addition, proposed by Carter & Burgess for the property generally located at the northeast corner of FM544 and Springwell Parkway along the north side of the railroad and being all of a certain 37.090 acre tract out of the Moses Sparks Survey, Abstract No. 849 and the G.W. Gunnell Survey, Abstract No. 351, City of Wylie, Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Worley absent and Place 3 vacant. Item 4. Hold a Public Hearing and act upon a Final Plat for the Eastridge Addition, 1st Revision proposed by Jackson & Associates Land Surveyors, Incorporated for the property generally located along the west side of W.A. Allen Boulevard between Carriage and Surr Circle and being all of Lots 13 and 14, Block E of the Eastridge Addition, City of Wylie, Coffin County,Texas. Mr. Tobin Maples, Planning Director provided Council with a brief background of the request and a recommendation from the Planning and Zoning Commission for approval. The Mayor opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request to come forward and state their name and address for the record, limiting their comments to three minutes. With no response the Mayor then closed the Public Hearing. Councilman Scott made a motion to approve the Final Plat for the Eastridge Addition, 1t Revision proposed by Jackson & Associates Land Surveyors, Incorporated for the property generally located along the west side of W.A. Allen Boulevard between Carriage and Surr Circle and being all of Lots 13 and 14, Block E of the Eastridge Addition, City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Worley absent and Place 3 vacant. Item 5 Consider and act upon authorizing the City Manager to enter into an Interlocal Agreement between the Texas Municipal League Intergovernmental Employee Benefits Risk Pool and the City of Wylie concerning the transfer of assets and approve a Consent to Assignment Agreement for the Continuation of Coverage Administration and Retiree Direct Billing. March 28,2000 City Council Minutes Page 3 Mr. Brady Snellgrove provided a brief background on the purpose of this Agreement and the need to approve prior to April 1, 2000. Mr. Snellgrove stated that the 1979 group TML-GBRP as a benefits welfare trust that will expire on May of 2000. Council's action will allow GBRP Trustees to transfer all assets to another trust established for similar purposes. The TML-IEBP was formed on September 17, 1999 and have similar purpose, including the same trustees, officers, policies and procedures. On January 28 all assets were transferred from the GBRP to the IEBP and assume all liabilities as of April 1, 2000. Councilman Scott made a motion to approve the Interlocal Agreement between the Texas Municipal League Intergovernmental Employee Benefits Risk Pool and the City of Wylie concerning the transfer of assets and approve a Consent to Assignment Agreement for the Continuation of Coverage Administration and Retiree Direct Billing. Councilman Trout seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Worley absent, Place 3 vacant. The Mayor then moved to Item 1. Consider and act upon the acceptance of the Comprehensive Annual Financial Report(CAFR) after presentation by the audit firm of Pattillo,Brown and Hill. Mr. Jim Curry, representing Pattillo, Brown and Hill was present and provided Council with a brief overview of the report. Council had been provided a copy of the CAFR. He was then available for questions from Council. Councilman Scott made a motion to accept the Comprehensive Annual Financial Report (CAFR) after presentation by the audit firm of Pattillo, Brown and Hill. Councilman Young seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Worley absent and Place 3 vacant. Executive Session The Mayor then adjourned into Executive Session under Section 551.072 Real Estate. Reconvene into Open Meeting The Mayor reconvened into Open Session and moved to Item No. 6. Consider and act upon authorization to advertise for bid the reconstruction of Kirby Street between Birmingham and State Highway 78. Mr. Stanton Foerster addressed this item. Mr. Foerster stated that the proposed improvements to Kirby will cost approximately $800, 000 to $900,000 and asked for authorization to advertise to bid the entire project. Mr. Collins stated that staff is working to award the bid at the April 25, 2000 meeting. The Mayor asked that all residents and school personnel are notified of the construction schedule. March 28,2000 City Council Minutes Page 4 Councilman Young made a motion to authorize advertisement to bid the reconstruction of Kirby Street between Birmingham and State Highway 78. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Worley absent and Place 3 vacant. The Mayor then called for a five-minute recess before moving to the Work Session. Work Session-8:15 p.m. Councilman Worley was present for the Work Session. Summer Youth Program-Mr.Robert Diaz, Community Center Coordinator Mr. Robert Diaz provided Council with a detailed overview of the proposed Wylie Wave Summer Youth Program. He provided information with regard to staffing, facilities, and general scope of the program. Councilman Worley had some concerns regarding liability. However, Mr. Diaz has been in contact with Mr. Holcomb and Mr. Snellgrove confirmed that our coverage has been recently increased and adequate for this program. Mr. Diaz concluded that he asking for Council's approval for establishment of this program prior to mid-year budget amendments in order to implement the program for the summer of 2000. ISO Update- Fire Chief, Shan English Mr. Collins stated that this item would be tabled until next month. Muddy Creek Regional Wastewater Treatment Plant Mr. Mike Sferra,Public Works Superintendent Mr. Sferra provided Council with a detailed explanation and description of the purpose and operations of a Regional Wastewater Treatment Plant. In addition to an Overview, Historical Background, Mr. Sferra provided a detailed description of the phases of treatment from Basic, Primary, Secondary, and Tertiary. He also explained Sludge Disposal and concluded with a brief summary. Presidential Estates Jim Jenks,Hogan Corporation& Jack Jones, Capital Projects. Mr. Jenks and Mr. Jones provide Council with options to the drainage situation at Presidential Estates. Several options were presented to Council including, ditch excavating north of Mrs. Netherly's lot discharging at the City's lot providing positive drainage and discharge for a cost of$77,983. Easements would be necessary. A second option is to provide underground pipe across Drain's property, then discharge at City's Lot for a cost of$96,502. The third option is to provide discharge at Muddy Creek for a cost of$321,475. The Hogan Corporation recommended Option No. 1 as this would serve to eliminate the ponding and provide positive drainage to the subdivision. In discussion of a time frame, the Mayor stated that this is a dry weather project. He also asked staff to contact residents and notify them of the construction schedule. March 28,2000 City Council Minutes Page 5 1999 Bond Program and Other Capital Projects There were no updates on this item. The Mayor then convened into Open Session at 10:00 p.m.for Action Item No.7. Item 7. Consider and act upon authorizing the establishment of the Wylie Wave Summer Youth Program. Councilman Trout made a motion to approve the establishment of the Wylie Wave Summer Youth Program. Councilman Scott seconded the motion. A vote was taken and the motion passed, 6-0. Place 3 vacant. The Mayor then called for a five-minute recess before adjourning into Executive Session. Executive Session The Mayor then convened into Executive Session under Section 551.074 Personnel Matters, City Manager/Development Services and Fire Department. Reconvene into Open Meeting- 11:30 p.m. As a result of the Executive Session, a motion was made by Councilman Worley and seconded by Councilman Trout to subcontract for the Planning Department Support the firm of Dunkin, Sefco and Associates and initiate the City Manager search with Mr. Chris Hartung of The Waters Group. A vote was taken and the motion passed, 6-0. Place 3 vacant. Adjournment- 11:32 p.m. With no further business to come before Council,the meeting was then adjourned. John Mondy, Mayor Attest: Barbara Salinas, City Secretary March 28,2000 City Council Minutes Page 6 WYLIE CITY COUNCIL AGENDA ITEM NO. April 11, 2000 Issue Consider and act upon approval of a Resolution to authorize execution of an agreement to provide supplemental police patrols to the Lake Lavon Project in 2000. Background The Wylie Police Department has traditionally provided supplemental police patrols to Lake Lavon during the spring, summer and early fall months since 1986. The number of working hours,proposed by the U.S. Army Corps of Engineers,will decrease from the previous 1,037 hours in 1999 to 1,031 in 2000. The U.S. Army Corps of Engineers pays for the supplemental police patrols through the requested agreement. The police department budget reflects the costs of providing the supplemental patrols that are reimbursed by the Federal Government. These supplemental patrols, more commonly referred to by those involved as "Lake Patrols", have nothing at all to do with the preparation for Search and Rescue missions. The supplemental patrol program enables the department to provide services at no additional cost to the community to locations currently within the Wylie City limits. Among the services provided are the continuation of highly visible, proactive patrols that serve as an effective deterrent for all types of criminal acts. Carrying out the lake patrol responsibilities enables officers the opportunity to come into contact with a cross section of individuals, most are law abiding,while some are not. To those who do not abide by the law, the types of citations issued by the patrol officers include a multitude of violations from simple traffic offenses to alcohol related ordinance violations. Arrests are made for offenses that include public intoxication, D.W.I., and the service of arrest warrants from area agencies. The community benefits from the opportunity the lake patrol officer has to remove a drunk driver from the lake area roads before the individual operates their vehicle on heavily traveled highways and thoroughfares within the City. Financial Considerations The U.S. Army Corps of Engineers (Corps) provides a subsidy to the City for supplemental police patrols during the summer months. The subsidy proposed this year provides for 1,031 man-hours of patrols at a cost of$34,002.96. The man-hours are billed each month to the Corps at $32.98 per hour. Please see attachments for an itemized cost breakdown for the proposed subsidy for FY 2000. The FY 2000 Budget includes an estimated subsidy of$34,002.96 from the Corps. Other Considerations Upon signing the Cooperative Agreement,both parties agree to the terms and conditions as set forth in V.T.C.S., Chapter 791, Texas Government Code, therefore, binding the City of Wylie and the U.S. Army Corps of Engineers. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of a resolution entering into a Cooperative Agreement with the U.S. Army Corps of Engineers to provide supplemental police patrol. Attachments Copy of Cooperative Agreement FY00 Itemized Cost Breakdown e `ardbY evi d by Finance CityM a er Approval RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY TO PROVIDE SUPPLEMENTAL PATROL ON LAKE LAVON AND TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE U. S. ARMY CORPS OF ENGINEERS, DEFINING THE TERMS OF SUCH PATROL, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUCH AGREEMENT. WHEREAS, The City of Wylie Police Department has in the past provided supplemental patrol and enforced City Ordinances, if applicable, on U. S. Government property which lies within the City Limits of Wylie; and WHEREAS, The City is willing to provide such patrol and enforcement for the 2000 season (as specified in agreement); and WHEREAS, The City Council desires to approve the City's providing such services and authorizes the negotiation of an agreement, defining the terms and provisions of such service, and further authorizing the execution thereof by the City Manager; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS AS FOLLOWS: SECTION 1 The City of Wylie is hereby authorized to enter into an agreement with the U. S. Army Corps of Engineers whereby the Police Department will provide supplemental patrol and enforce City Ordinances, if applicable, on U. S. Government property, located within its City Limits on and around Lake Lavon. SECTION 2 The agreement shall provide that the City of Wylie Police Department shall be reimbursed for these supplemental patrols, at an agreed upon rate. SECTION 3 The City Manager is hereby authorized to negotiate such an agreement and to sign the same on behalf of the City of Wylie. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE 25TH DAY OF APRIL, 2000. John Mondy, Mayor ATTEST: Barbara A. Salinas, City Secretary '.\,f. —��� ,„- DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS LAVON LAKE PROJECT OFFICE 3375 SKYVIEW DR. WYLIE, TEXAS 75098 — 5775 March 16, 2000 P. Chief Jeff Butters Wylie Police Department 2000 N. Highway 78 Wylie, Texas 75098-6043 Chief Butters, The enclosed Cooperative Agreement for Additional Law Enforcement Services, City of Wylie, Lavon Lake, Texas initiates Agreement No . COOPLAW-00-WYLIE between the City of Wylie and the U. S . Army Corps of Engineers . This agreement is for the provision of additional law enforcement services from May 26, 2000 through September 4 , 2000 for a sum not to exceed $34 , 002 . 96 . If the agreement is satisfactory, please have both copies signed by the appropriate City of Wylie representative, keeping one for your records, and returning the other to the U. S . Army Corps of Engineers office at Lavon Lake . Sincerely, / J Ed and H . Hill Lavon Lake Manager Enclosures CF: CESWF-OD-R CESWF-RM A00082 PR&C :W45XMA00760203 $34 , 002 . 96 COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND City Of Wylie , TEXAS FOR THE, PROVISION OF ADDITIONAL LAW ENFORCEMENT SERVICES Agreement No. COOPLAW-00-WYLIE This agreement, entered into by the U. S . Army Corps of Engineers, Fort Worth District (hereinafter referred to as the Corps) and City Of Wylie, Texas (hereinafter referred to as the Cooperator) , witnesseth that : WHEREAS, the construction of Lavon Lake (hereinafter called the "Project") was authorized by the Rivers and Harbors Act, Public Law 14 , 71th Congress, approved 2 March 1945, and the provision of recreation resources in Lavon Project was authorized by Section 4 of the 1944 Flood Control Act, as amended (16 U. S . C . 460d) ; and WHEREAS, it is the responsibility of the Corps, in administering the Project lands, to provide the public with safe and healthful recreational opportunities; and WHEREAS, the Cooperator has the authority to enforce the state and local laws for City of Wylie, Texas on such lands, and WHEREAS, Section 120 of the Water Resources Development Act of 1976 (Public Law 94-587) authorizes the Corps to contract with states and their political subdivisions for the purpose of obtaining increased law enforcement services on project lands to meet needs during peak visitation periods; and WHEREAS, it is in the best interests of the Corps to obtain the assistance of the Cooperator in the enforcement of state and local laws on project lands . NOW, THEREFORE, the parties hereto mutually agree as follows : Article 1 . Plan of Operation . (a) The Corps and the Cooperator have agreed to a Plan of Operation which describes the scope and extent of law enforcement services to be provided by the Cooperator in accordance with this agreement . Such Plan of Operation, as concurred in by the Cooperator, is attached hereto as Appendix A and made a part hereof . (b) It is recognized and understood that the Corps and the Cooperator may, at the request of either, renegotiate the Plan of Operation. The renegotiated Plan of Operation shall, upon written acceptance thereof by both parties, supersede Appendix A. Article 2 . Obligations of the Cooperator . (a) The Cooperator agrees to furnish additional law enforcement services as follows : (1) Normal, emergency, or unanticipated enforcement of civil and criminal laws of the state and local jurisdiction on Project lands and waters without claim for reimbursement under this agreement . This agreement does not diminish or otherwise limit the existing law enforcement responsibilities of state or local law enforcement agencies . . - (2) The enforcement of the civil and criminal laws of the state and applicable local laws on project lands in accordance with the schedules and duties described in the Plan of Operation, with payment by the Corps in accordance with Article 3 of this agreement . (b) The Cooperator agrees to provide personnel, equipment, and supplies which are required in order to provide the law enforcement services requested by the Corps in accordance with subparagraph (a) above . (c) The Cooperator agrees to prepare a Daily Enforcement Log of a format provided or approved by the Corps and to submit this log to the Corps at least once a month throughout the effective period of the current Plan of Operation. (d) The Cooperator agrees to assign only those personnel who are qualified and trained pursuant to the requirements of state and local laws and regulations to undertake the law enforcement services to be provided under Article 2 (a) (2 ) . Where state and local standards for the qualifications of law enforcement personnel do not exist, the Cooperator will advise the Corps of the experience, qualifications and training of those personnel expected to be assigned law enforcement duties under this agreement and assign such duties to them only with the approval of the Corps . Article 3 . Obligation of the Government . Subject to the availability of funds, the Corps agrees to pay the Cooperator for the total cost of the law enforcement services to be provided in accordance with the obligations agreed to be undertaken by the Cooperator in Article 2 (a) (2 ) , including the costs of operation and maintenance of such equipment as is required for the provision of such services identified in the Plan of Operation under Article 1 . At the request of the Cooperator, partial payments may be made as the law enforcement services are performed based on billings as identified in the Plan of Operation under Article 1 and approved by the Corps . Article 4 . Period of Services . The period of this agreement shall be from the date of execution until terminated by mutual agreement, or on written notice from either party to the other, as set forth in Articles 6 and 10 . Article 5 . Disputes . (Dec . 1991) FAR 52 . 233-0001 . (a) This contract is subject to the Contract Disputes Act of 1978 , as amended (41 U. S .C . 601-613) . (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause . (c) "Claim, " as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract . A claim arising under a contract, unlike relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant . However, a written demand or written assertion by the contractor seeking the payment of money exceeding $50, 000 is not a claim under the Act until certified as required by subparagraph (d) (2) below. A Voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act . The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time . (d) (1) A claim by the contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer . (2) For Contractor claims exceeding $50, 000, the Contractor shall submit with the claim a certification that- (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Contractor ' s knowledge and belief; and (iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable . (3) (i) If the Contractor is an individual, the certification shall be executed by that individual . (ii) If the Contractor is not an individual, the certification shall be executed by- (A) A senior company official in charge at the contractor ' s plant or location involved; or (B) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor ' s affairs . (e) For Contractor claims of $50, 000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request . For Contractor-certified claims over $50, 000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made . (f) The Contracting Officer ' s decision shall be final unless the Contractor appeals or files a suit as provided in the Act . (g) At the time a claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternated dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certification described in paragraph (d) (2 ) of this clause, and executed in accordance with paragraph (d) (3) of this clause . (h) The Government shall pay interest on the amount found due and unpaid from (1) the date the contracting Officer receives the claim (properly certified if required) , of (2 ) the date payment otherwise would be due, if that date is later, until the date of payment . Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-moth period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer . Article 6 . Default . In the event that either party to this agreement fails to meet any of its obligations hereunder, the other party may immediately terminate the whole or any part of this agreement . Such termination shall be effected by written notice of either party to the other. Article 7 . Exclusion of Federal Employee Benefits . It is understood and agreed that the services to be provided by the Cooperator and its employees shall not be considered to fall within the scope of Federal employment, that the Cooperator and its employees shall not be considered as agents or employees of the Federal government, and that none of the benefits of Federal employment will be conferred under the terms of this agreement . Article 8 . Release of Claims . The Cooperator agrees - to hold and save the Corps, its officers, agents or employees, harmless from liability of any nature or kind, for or on account of any claims for damages that may arise during the performance of the law enforcement services by the Cooperator under this agreement . Article 9 . Transfer or Assignment . The Cooperator shall not transfer or assign this agreement, nor any rights acquired thereunder, nor grant any interest, privilege, or license whatsoever in connection with this agreement without the approval of the Corps . Article 10 . Termination for Convenience . The Corps or Cooperator may, on 30 days written notice, terminate this agreement, in whole or in part, when it is in the best interests of either party. If this agreement is so terminated, the Corps shall be liable only for payment in accordance with the payment provisions of this agreement for services rendered prior to the effective date of termination. Article 11 . Equal Opportunity. (April 1984 ) FAR 52 . 222-0026 . (a) If, during any 12-month period (including the 12 months preceding the award of this contract) , the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10, 000, the Contractor shall comply with subparagraphs (b) (1) through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause . (b) During performing this contract, the Contractor agrees as follows : (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship . (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this- clause . (4) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers ' representative of the Contractor ' s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment . ( 6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and order of the Secretary of Labor . (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations , and orders of the Secretary of Labor . Standard Form 100 (EEO-1) , or any successor form, is the prescribed form to be filed within 30 days following the award, unless filed within 12 months preceding the date of award. (8 ) The Contractor shall permit access to its books, records, and accounts by the contracting agency or the Office of Federal Contract Compliance Programs (OFCCP) for the purposes of investigation to ascertain the Contractor ' s compliance with the applicable rules, regulations, and orders . ( 9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of subparagraph (b) (1) through (11) of this clause in every subcontract or purchase order that is not excepted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and condition, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States . (c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1 . 1 . Article 12 . Gratuities . (April 1984 ) FAR 52 . 203-0003 . (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative- (1) Offered or gave a gratuity (e .g. , an entertainment or gift) to an officer, official, or employee of the Government; and (2 ) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract . (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c) If this contract is terminated under paragraph (a) above, the Government is entitled- (1) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee . (This subparagraph (c) (2) is applicable only if this contract uses money appropriated to the Department of Defense . ) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract . Article 13 . Examination of Records by Comptroller General . The Cooperator agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under this agreement or such less time specified in Appendix M of the Defense Acquisition Regulation have access to and the right to examine any directly pertinent books, documents, papers, and records of the Cooperator involving transactions related to this agreement . Article 14 . Audit by Department of Defense . Upon request, the Cooperator shall provide, and the Corps shall have the right to examine, books, records, documents, and other evidence of accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this agreement . Article 15 . Service Contract Act of 1965 (As Amended) . (May 1989) FAR 52 . 222-0041 . (a) This cooperative agreement is subject to the following provisions and all other provisions of the Service Contract Act of 1965, as amended. Each service employee employed in the performance of this contract shall be paid not less than the prevailing wage rates and fringe benefits of the cooperator for the locale in which the work is being performed. (b) Records . The cooperator and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division Employment Standards Administration, a record of the following for each employee subject to the Act : (1) Name and address and social security number; (2) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation; (3) Daily and weekly hours worked by each employee; and (4 ) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. Article 16 . Any changes in the provisions of this agreement which are necessary and proper will be made by formal amendment signed by both parties . IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first written above . U. S . ARMY CORPS OF ENGINEERS THE CITY OF WYLIE, Texas FORT WORTH DISTRICT BY: BY: Dwight L. Quarles City Manager Chief, Operations Division City of Wylie DATE : DATE : • APPENDIX A 1 . The Wylie Police Department agrees to provide supplemental law enforcement services (enforcement of state criminal and civil laws and local criminal and civil laws above and beyond normal coverage) on U.S . Government Property within Wylie City Limits at Lavon Lake . Standard surveillance will be concentrated primarily in developed park areas . Standard surveillance will include vehicular patrol of the areas listed below and other areas of government property as requested by Corps Personnel (e .g. outlying areas of government property within the Wylie city limits experiencing problems with off-road vehicles, ect . ) . LAVON LAKE : East Fork Park, Avalon Park, office and spillways area, Lavonia Park, Mallard Park, Little Ridge Park, and Pebble Beach Park. . - 2 . The Wylie Police Department agrees to provide the following law enforcement services : a . Patrol the areas listed in paragraph one . b. Maintain order in the park' areas . c . Control traffic by visual observation and by the use of electronic radar units . d. Inform park users of federal, state, and local laws and regulations through personal contacts . e . Cite or arrest violators committing applicable offenses . f . Respond to calls for assistance by Corps of Engineer Park Rangers . 3 . Patrols will begin on the first scheduled day shown on the patrol schedule after receiving notice that this agreement has been approved. 4 Wylie Officers will adjust their patrol schedules and routes to serve specific parks or other areas as requested by Corps personnel . Permanent park rangers may make temporary adjustments in patrol schedules and routes, as they deem necessary. 5 . The Chief of Police and the Lavon Lake Manager will agree to and approve all permanent schedule adjustments . 6 . Patrol officers will prepare a Daily Law Enforcement Log in accordance with the attached Appendix B format . The log will be completed in detail and submitted to Lavon Lake Office at the end of each week. Copies of arrest reports and accident reports (for arrests and accidents occurring on government property) will be submitted or faxed to the Lavon Lake Office as soon as possible . The fax number for the Lavon Lake Office is 972/442-1109 . Copies of log sheets for Wylie Police Department records will be the responsibility of Wylie Police Department . 7 . Wylie officers will remain in the lake area (in the parks and/or moving between parks or other areas of government property) . If an emergency situation arises that makes it necessary for an officer to leave the lake area, that officer will, if possible, contact the permanent park ranger on duty and advise him or her of the situation. The officer will also note the time he or she left the lake area, the purpose for having to leave, and the time returned to the lake area on the Daily Law Enforcement Log. 8 . All officers will wear the standard uniforms normally worn by the Wylie Police Department personnel . 9 . All patrol vehicles will have the standard insignia and markings normally used by the Wylie Police Department . Patrol vehicles will also be equipped with standard law enforcement type lights, radios, and any other equipment necessary to perform the required services . The Wylie Police Department will furnish and maintain one portable radar unit for at least one patrol unit per shift . The Wylie Police Department will be responsible for all vehicle costs . This includes insurance, fuel, maintenance, and any other costs associated with the operation of each vehicle . 10 . Officers will notify the permanent park ranger on duty of any accidents, fatalities, missing persons, or serious crimes that occur on government property. 11 . The duration of this agreement will be for a total of 1, 031 man-hours . The total cost (per the City of Wylie cost breakdown) for the time period indicated will be $34, 002 . 96 . $34 , 002 . 96 / 1, 031 hours = $32 . 980562 per man hour. 12 . The cost per patrol unit, for providing law enforcement services described in paragraph 2, will be $32 . 98 per man-hour. A patrol unit will consist of a vehicle, one certified law enforcement officer, and all the equipment necessary for the performance of the officer' s duties . 13 . The Wylie Police Department will provide the Lake Manager with a request for payment for reimbursable services performed each month. The request for payment will be based on the number of patrol hours involved. The request for payment must include the starting and ending dates of the billing period in question. The request for payment will be submitted no later than five calendar days after the close of the month being reported. Failure to meet the criteria mentioned above may result in delayed payment . The total cost of services provided during the term of this agreement may not exceed $34, 002 . 96 . 14 . The following individuals are designated to issue and receive requests for reimbursable law enforcement services under this agreement : CORPS OF ENGINEERS REPRESENTATIVE Edward H. Hill Lake Manager 3375 Skyview Drive Wylie, TX 75098 972/442-3141 Fax 972/442-1109 WYLIE POLICE DEPARTMENT REPRESENTATIVE Jeff Butters Chief of Police - 2000 N. Hwy 78 Wylie, TX 75098 972/442-8171 15 . The Lake Manager or his representative will conduct an orientation for all officers and supervisors that will be participating in this agreement . The purpose of this orientation will be to familiarize the law enforcement personnel with the policies and procedures of the Corps of Engineers and to familiarize Corps personnel with the functions and duties of the Wylie Police Department . If an officer begins providing the services of this agreement after the initial orientation, he or she will be required to meet with the Lake Manager or his representative before beginning work. 16 . State and local law enforcement agencies generally have the same authority and responsibilities on U.S . Army Corps of Engineers ' property as they do elsewhere in their respective jurisdictions . Therefore, requests by the Corps of Engineers for emergency law enforcement or responses by Wylie Police Department to situations occurring outside of the scope of this agreement will not be reimbursable . (E .g. officers responding to a call on government property after the scheduled patrol hours, officers working a call on government property and having to stay past the scheduled patrol time, etc . ) 17 . The initial patrol schedule will be as follows : Normal Schedule May 26 - September 4 2000 Day Shift (s) No. of 1 Hours Man Units Monday 1730 - 2230 1 5 Tuesday 1730 - 2230 1 5 Wednesday 1730 - 2230 1 5 Thursday 1730 - 2230 1 5 Friday 1700 - 2300 1 6 Saturday 1100 - 2100 1 ' - 1300 - 2300 1 20 Sunday 1100 - 2100 1 1300 - 2300 1 20 Special Schedules* Date Shift (s) No. of 1 Man Hours Units May 29 1100 - 1900 2 16 June 30 1500 - 0100 1 10 1100 - 2100 1 July 1 - July 4 1500 - 0100 1 20/day September 4 1100 - 1900 2 16 *Special Schedules replace normal schedules for dates indicated Page of Daily Law Enforcement Log For Reports Required Under Contract Number COOPLAW 00 WYLIE with the U.S.Army Corps of Engineers Cooperator: City of Wylie-Police Department Project:LAVON Officer(s): Date: - - Day of Week: Start Time: End Time: Total Hours: Start Milage: End Mileage: Total Miles: Fuel Used: Log of Patrol Activities Park Time In Time Out Type of Activity and Action Taken Arrests Tickets • • Total Calls: Arrests Made: Warrants Served Felony Misdemeanor Other Agency Total Citations: Moving Non-Moving Non-Traffic(M.I.P.,Violate Ordinance-Alcohol,etc.) 2000 Lake Patrol Caculations Patrol Officer Salaries 1031 hours x 23.23 (1 %2 hourly rate) 23,950.13 Supervisor Salaries 15 hours x 26.96 (1 %2 hourly rate) 404.40 Clerical Support Salaries 20 hours x 12.84 (hourly rate) 256.80 FICA and Medicare 0.0765 x 24,611.33 1,882.76 Liability Insurance (Police Officer) .27 x 1031 278.37 T.M.R.S. (Retirement System) 0.082 x 24,611.33 2,018.13 Workers Compensation 0.0505 x 24,354.53 0.0034 x 256.80 1,230.77 Vehicle Allowance 8400 x 0.325 2,730.00 Fuel Allowance 840 x 1.49 1,251.60 • Total 34,002.96 WYLIE CITY COUNCIL AGENDA ITEM NO. I • April 11, 2000 Issue Consider and Act Upon a final plat for the Sage Creek Amenity Center,proposed by Tipton Engineering for Paramount Land Development, for the property generally located at the southeast corner of Springwell Parkway and Riverway Lane and being all of a certain 2.896 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Background The final plat under consideration is for the Sage Creek amenity center. The applicant is final platting 2.896 acres in order to develop the property park and recreational uses (per the approved 1997 PD zoning). The property is currently vacant,unplatted, and zoned PD(Planned Development)for single family and open space uses. Issues: • Staff has reviewed the proposed plat for Phase I of Sage Creek Estates and found it to be in compliance with the Subdivision regulations and other pertinent ordinances of the City of Wylie. This plat also complies with all applicable state subdivision laws. • The applicant is aware that all impact fees must be paid prior to filing this plat with the county. Financial Considerations Plat application fee- Paid Board/Commission Recommendation At the April 4, 2000, Planning and Zoning Commission meeting, the Commission voted by 3-2 to recommended approval of this case. Commissioner's Schmader and Wood voted nay. Commissioner Schmader voted nay and stated she had reviewed the development plan associated with this lot (Development Plan was approved in 1997 prior to Commissioner Schmader's appointment) Commissioner Wood did not state her opposition. Staff Recommendation Approval The Department's of Public Works, Fire, and Development Services concur with this recommendation. Attachments Final Plat Final Plat Application •141,09,7194-- Prepared by Revie by Finance City Man er Approval WYLIE CITY COUNCIL AGENDA ITEM NO. a. April 11, 2000 Issue Hold a public hearing to consider and act upon a request from Laurence DeBerry, for approval of a zone change from SF-3 (Single Family Residential)to 2F(Two Family Duplex)for the property generally located at the northeast corner of Birmingham Street and Kirby and being all of lots 24 &25A,Block 0, of Southside Addition, City of Wylie, Collin County, Texas. ZC. No. 2000-01: Background The applicant is requesting rezoning in order to develop the property with two family duplex uses. Specifically,the applicant has stated that their desire is to develop the property with a single duplex unit. The properties to the north, east, and south are zoned SF-3 (Single Family Residential)with a few of the lots being developed accordingly with single family uses. The property to the west is developed with an elementary school. Public Comment Forms were mailed to seventeen(17)property owners within 200 feet of this request. One (1)Public Comment Form in support and one(1)Public Comment Form in opposition have been returned. Issues: • The Comprehensive Plan recommends single family uses for the property(Suburban Residential). The proposed zoning and land use are not consistent with Comprehensive Plan or compatible with the surrounding residential development. Financial Considerations Zoning application fee- $225.00 Board/Commission Recommendation At the March 21, 2000, Planning and Zoning Commission meeting, the Commission voted to recommended approval of this case. Staff Recommendation Denial due to the fact that the request does not comply with the intent of the Comprehensive Plan. Specifically, the proposed use (duplex) does not comply with the Comprehensive Plan recommended use (single family). The Department's of Public Works, Fire, and Development Services concur with this recommendation. Attachments Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Ordinancen Prepared by Review y Finance City Man er Approval ORDINANCE NO. AN ORDINANCE OF TILE CITY OF WYLIE,TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED,SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO 2F, TWO-FAMILY DUPLEX DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas,in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of R, Retail District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions ofthis ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning clascification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, 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 so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. 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 7. The repeal of any ordinance, or parts thereof by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2000. By John Mondy,Mayor ATTEST: Barbara Salinas, City Secretary PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 7I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2000-01. I am AGAINST the requested zoni xplained on the attacnoticeor Zoning Case#2000-01. ed public for gas ✓ Date, Location&Time of /' T .=Qi()1,cq{'` cke Planning&Zoning Commission meeting: Tuesday,March 21,2000, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date, Location&Time of City Council meeting: Tuesday, April 11,2000,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas , Name: r---PO & l Ckt, PrTr bM, 2]C (please print) -� Address: `3 S 3 1 TO�--'1.L else �. _e I C )„, r (L-/ L--) C(X-V&C2.-r 6).(, Wylie Tax Account Number , (�(�� ,, (if shown on enclosed map): �%( RY‘ I` a Lake 5 s G�Q, \) IV • 0, </-1 Signature: (70 (, 4ci 30 j / t' (f�L) Date: ' 1 /a.0 o 6 COMMENTS: ��� �`� PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2000-01. xI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 21,2000,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date, Location&Time of City Council meeting: Tuesday,April 11,2000, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas t t Name: R 11I / gat /" d i N (please print) Address: 1!12/ )f V'71 ; & [ xGy 79iggi Wylie Tax Account Number (if shown on enclosed map): rp 0 Q 9-4 - 1 Signature: — ,/ l` Afi,.:-.2 Date: 31 - / 9--- e 0 67 COMMENTS: u 6- r c a cl a ki a Lt e.... .) 0 It 2_ Fa- . C4L-SGv4 ; bA rn ri:- /---LI / ``° ar e re ;,- _ -..�., 1 - _ — • sik,—wir in SI i .._._. u) c ■ ■ milr T.-:/::-1-7,- --""I I V**F MI .= Mi v. _ t_ �, Oak Street HME i° Oak Street cm i!../.. .., xiz Num 7..c.,.) ,. , lit ow ,.. p..,..,..„--- treet 1� r t � i l_i), Flemin S ree: `'� i 1 , MEM 177...."-- T ! / i i i • �.' / IINIMMM 4-0I / OUP Li SUBdCT / o g ' I ' Butler Street — • c i PROPERTY , ' ��• ., a oway SPt — ' S �•� f `14p2<ci)a) `.1': i i Street 0 a� co Ilk _.. 11t :4ise I l I — — i i i J es Ir -.._..� tree ' _......� - MEI "� =r�Y � ree � j 1 � iii '■" -.._... ,� L.._ E !I IHIINI • X ■ =�� ,.... o ne 'o. . • \ NM Mit IIM . -I- V.._...\ . .am • p !....; IF / 1 j4P o==►:_ a ��' `,,, r . .. • , - ' re 4* Ira i kl)arlik i /Q rIl • i -. T-. LOCATION MAP ve 111111fiTTFT ZONING CASE #2000-01 vviiiiams street /\ © - F - 1 l l-,Q o . P - Citizens Ave .. :::1414.,.;01 --------____ ._.c.- / /°:E _. .. . c FL E : dAN`1,*--' �,BJ p P 3 O24T West Kirby Street Kirby Street 1 n ............„......_ SF .3 i MF SF -A ZONING AREA MAP ZONING CASE #2000-01 vviiiiams street 4D 2 1 1 4C 3 2B 4A 2A 1"-1 00' 4 _ WISD R-1160-006-0010-1 P• BaAln 3 R-1160-003-004A 1 WISD Citizens Ave R-1 160-006-0010-1 E WISD G ._ tOH 4 .1 1 -11 10-1 `'• 1� , d R 60-006-00 C1 0 C0' 7 N ^ § 23 8 .,:t .._ 22 21 2C 19 18� 17 16 . SSIBJ` .., N N WISD G3 o R-1160-006-0010-1 z T my 24 `'1 . 26 27 28 29 30 31 32 West Kirby Street 40 39 38 !7 36 35 34 33 Kirby Street 13 ct:`\A. <1. Domtex Equities R-1165-006- 0130-1 418 42B 43 44 45 46 47 48 4 13 41A 42A PROPERTY OWNER NOTIFICATION MAP ZONING CASE #2000-01 NOTIFICATION REPORT APPLICANT: Laurence DeBerry APPLICATION FILE #2000-001 3117 Angie Drive Sachse, Tx. 75048 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Calloway Addn P.O. Box 924 1 BIk 3 Lot 4B R-1160-003-004A-1 Pinkie Bardin Wylie, Texas 75098 Calloway Addn P.O. Box 490 2 BIk 6 Lot 5 R-1160-006-0010-1 Wylie Independent School District Wylie, Texas 75098 Calloway Addn P.O. Box 490 3 BIk 6 Lot 6 R-1160-006-0010-1 Wylie Independent School District Wylie, Texas 75098 Calloway Addn P.O. Box 490 4 Blk 6 Lot 7 R-1160-006-0010-1 Wylie Independent School District Wylie, Texas 75098 Calloway Addn P.O. Box 490 5 Blk 6 Lot 8 R-1160-006-0010-1 Wylie Independent School District Wylie, Texas 75098 Holiday Terrace #3 3831 Turtle Creek Blvd #10G 6 Blk 6 Lot 13 R-1165-006-0130-1 Domtex Equities, Inc. Dallas, Texas 75219-4413 Southside Addn 300 N. Cottonbelt Ave 7 --- W 1/2 of 18, E 12 of 19 R-1176-000-0190-1 Jose Almedariz Wylie, Texas 75098 205 Citizens Ave 8 --- W 1/2 of 19, E 12 of 20 R-1176-000-0200-1 Diane Cuellar Wylie, Texas 75098 703 S. Ballard Ave 9 --- W 12 of 20, &21 R-1176-000-0210-1 Sharon Cuellar Wylie, Texas 75098 703 S. Ballard Ave 10 --- Lots 22 &23 R-1176-000-0220-1 Sharon Cuellar Wylie, Texas 75098 3600 Touchstone Road 11 --- Lots 24 &25A R-1176-000-0240-1 Bobby Brininstool Wylie, Texas 75098 208 W. IGrby 12 --- Lots 25B &26 R-1176-000-0260-1 Jackie Henderson Wylie, Texas 75098 206 W. IGrby 13 --- Lot 27 &w 1/2 of 28 R-1176-000-0270-1 Louis Cortez Wylie, Texas 75098 P.O. Box 68 14 --- E 1/2 of 28 & 29 R-1176-000-0280-1 Edna Henderson Wylie, Texas 75098 RR 1, Box 185C 15 --- Lot 35 R-1176-000-0350-1 Horace McGuire Alba, Texas 75410-9801 RR 1, Box 185C 16 --- Lot 36 &E 1/2 of 37 R-1176-000-0350-1 Horace McGuire Alba, Texas 75410-9801 801 S. Birmingham 17 --- W 1/2 of 37 &38 R-1176-000-0400-1 Grace Martin Wylie, Texas 75098 801 S. Birmingham 18 --- Lots 39 &40 R-1176-000-0400-1 Grace Martin Wylie, Texas 75098 Applicant 3117 Angie Drive 19 --- Lots 24 &25A R-1176-000-0240-1 Laurence DeBerry Sachse, Texas 75048 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 2000-01 Applicant: Laurence DeBerry(LGD Properties Location: Generally located at the northeast corner of Birmingham Street and Kirby Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: SF-3 (Single Family Residential) Requested Zoning: 2F(Two Family Duplex) Proposed duplex complex.. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,March 21,2000,7:00 PM City Council: Tuesday,April 11,2000,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name,address of the property you own and the tax account number(if applicable)on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North,Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. "EXHIBIT A" Legal Description of Area of Request in Zoning Case No. L 0 I a `I 2 �� , 6l0 cir 5ee- 3 ve-y . I certify that to the best of my knowledge, this is an accurate description of the property upon which I have requested a change in zoning. I understand that I am fully responsible for the legal description given above. Date: Signature of Applicant: Page 2 of 2 :...i.... Our Mission.- ,it .� t ___ ...to be respo.isibte stewards of the public trust. n CL�e/� /S to strive for excellence in public service.and f/ / /; City Cf wrylie to enhance the quality of life for all. APPLICATION FOR A CHANGE IN ZONING q Zoning Case No. C Q OO --C I (PLEASE TYPE OR PRINT) The Following Information To Be Supplied By The Applicant: / / ,�l Name: r Li.s-e- fit':t-. ne7-,\;_e rrr L(� �/ (U(Gr-iic ti Contact Person:_ -- (i--v-.z (Dr Address: //7 A Zip --) � > City: ;S���_S c' State: / p' Telephone: GJ�-).-�� CO( 6 Fax:: 524 W7-0.3.3 E-Mail CaY ` v • , (41 Signature of Applicant The Following Information To Be Supplied By The Owner: Name: I d88 y /. 1 tJ/'S7-ooL -il- dad/t,4Zine,t //e,,o Address: City: illy L t-N State: *) . Zip: 7 52)9 cf. Fax:: E-Mail Telephone: ��OO .� I Am The Owner Of The Herein Described Property, And d\ � Is Authorized To File This Application On My Behalf. iLlic g c4,---- . Y ".„........1.--.. Signature of Owner - ' / c- Se;(l 45(>-& cd77b Location ofRequest: `t� � 1 - / Existing Zoning: P.z.? S•« ._,,,,,�� - *Requested Zoning. n ,s i lam/ , zv i (Ocv4)44, ,,; -,.--- („t.yvre.5,e( Explanation: t J �z l * All requests shall be advertised for the requested distric and/or any othe district which is more restrictive by area requirements,land use and height. A legal description of the property for which the zoning change is requested must be completed as"EXHIBIT A"and attached hereto. The description shall include the distance and bearing of the point of beginning from the nearest intersection of streets or roads. Use a TYPEWRITER and sign where indicated. a,.-worddocs`ptat,nmg!app►iatial'cP.R.t.d.2s Receipt t No.: o�/D�v_.__..._.......$ ���' v o i Date Filed: tl/� 00 P .__. .-- Pending•Plat: City of Wylie,Development Services Department 2000 Highway 78 North y Wylie,Texas 750987 972-442-81507 972-442-8154 Fax "EXHIBIT A" Legal Description of Area of Request in Zoning Case No. Se 41----7-aLL,G r( w ve y . I certify that to the best of my knowledge, this is an accurate description of the property upon which I have requested a change in zoning. I understand that I am fully responsible for the legal description given above. Date: Signature of Applicant: Page 2 of 2 VVYLIE CITY COUNCIL AGENDA ITEM NO. 3. April 11, 2000 Issue Hold a public hearing to consider and act upon a request from Tipton Engineering, Inc., for approval of a zone change from A(Agricultural)to PD(Planned Development)for a master planned single family neighborhood for the property generally located along the south side of McMillen road and east of the Southfork Mobile Home Development and being all of a certain 50.7752 acre tract out of the John W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas. ZC. No. 99-10: Background The conceptual plan under consideration is for the proposed Sage Creek North Addition. The applicant is requesting rezoning on 50.7865 acres in order to develop the property with a master planned single family residential community. The property to the north is vacant and zoned for PD (Planned Development) single family, retail and multi-family uses. The properties to the east and southeast are undeveloped and zoned for A(Agricultural)uses. The property to the southwest is zoned PD(Planned Development)for single family uses. The property to the west is zoned MIT Manufactured Home and is developed accordingly. Public Comment Forms were mailed to eighty-three(83)property owners within 200 feet of this request. Two(2) Public Comment Form in opposition and one(1)Public Comment Form in support have been returned. Issues: • The Comprehensive Plan recommends Country Residential(1 acre single family)uses and Suburban Residential (8,500 sq. foot lots) for the property. The proposed land use is consistent with the Comprehensive Plan only in terms of the single family residential aspect. Specifically,the applicant is proposing a density of 3.05 dwelling units per acre. The applicant is also proposing 4.2 acres of dedicated parkland and 3.6 acres of H.O.A. open space. Staff is of the opinion that the proposed zoning does not meet the intent of the Comprehensive Plan as it relates to density and preservation of open space. However, density associated with this case is consistent with previous zoning cases approved subsequent to the adoption of the Comprehensive Plan. • When this case was reviewed and denied by the Commission in January,the applicant was proposing 161 lots with a density of 3.17 dwelling units per acre(seventy-two 6,000 sq. ft. lots&eighty-nine 8,500 sq. it. lots). • The applicant is filing this PD in order to ensure a quality development, request an amendment to the Comprehensive Plan, and propose a few minor variances. The following tables provide a summary of the development standards being proposed. Proposed Tract A Proposed Tract-A Required for SF-2 Lot Area 8,500 sq. ft. minimum 8,500 sq. ft. (9,296 sq. ft. average) Front Yard 20 ft. 25 ft. Rear Yard 20 ft. 25 ft Side Yard 10 ft. separation Not less than 7 ft. on between structures& each side of the lot and 15 ft. for side yards 20 ft. for side yards adjacent to a side street. adjacent to a side street. Minimum Lot 110 ft. 100 ft. Depth Minimum Lot 60 ft. 60 ft. Width Roof pitch None proposed None required House Elevation None Proposed No regulations Landscaping None Proposed None required Exterior Wall 75%brick,tiles, 75%masonry Material cement, concrete, stone or similar materials Minimum 1,800 sq. ft. 1,500 sq. ft. dwelling size Proposed Tract- B Proposed Tract-B Required for SF-3 Lot Area 7,200 sq. ft. minimum 7,200 sq. ft. (8,450 sq. ft. average) Front Yard 20 ft. 25 ft. Rear Yard 15 ft. 25 ft Side Yard 10 ft. separation Not less than 6 ft. on between structures & each side of the lot and 15 ft. for side yards 20 ft. for side yards adjacent to a side street. adjacent to a side street. Minimum Lot 110 ft. 100 ft. Depth 90 ft. for cul-de-sac Minimum Lot 60 ft. 60 ft. Width Roof Pitch None Proposed None required House Elevation '' None Proposed No regulations Landscaping None Proposed None required Exterior Wall 75%brick,tiles, 75%masonry Material cement, concrete, stone or similar materials Minimum 1,600 sq. ft. 1,100 sq. ft. dwelling size Proposed Tract- C Proposed Tract-C Required for SF-1 Lot Area 10,000 sq. ft. minimum 7,200 sq. ft. (11,456 sq. ft. average) Front Yard 20 ft. 25 ft. Rear Yard 20 ft. 25 ft Side Yard 16 ft. separation Not less than 8 ft. on between structures& each side of the lot and 20 ft. for side yards 25 ft. for side yards adjacent to a side street. adjacent to a side street. Niinimum,Lot 110 ft. 100 ft. Depth 90 ft. for cul-de-sac Minimum Lot 70 ft. 60 ft. Width Roof pitch None Proposed None required House Elevation None Proposed No regulations Landscaping None Proposed None required Exterior Wall 75%brick, tiles, 75%masonry Material cement, concrete, stone or similar materials Minimum 2,000 sq. ft. 1,800 sq. ft. dwelling size • The applicant is incorporating approximately 3.6 acres of H.O.A. open space and 4.2 acres of dedicated public park(public park to include the extension of a hike&bike trail). The H.O.A. open space includes a pond system to be utilized for flood control and drainage. • The applicant is proposing a divided entry way to McMillen Road. • In order to determine the developmental impact on the roadway system,the applicant authorized the firm of Innovative Transportation Solutions, Inc. to complete an updated traffic impact study(TIS) for the proposed development including impacts associate with the Lakeside Estates/Sage Creek development to the south and the proposed Creekside Estates development to the north. • In order to verify the findings of the applicant's TIS, staff authorized the City's traffic consultant Stanton Foerster(Foerster Engineering, LLC),to review the Innovative Transportation Solutions TIS. Please note that Mr. Foerster has reviewed the study and is recommending approval of their findings(staff will provide copies of the study at the meeting for City Council review). • The applicant is aware that a development plan,preliminary plat and final plat must be approved prior to the issuance of building permits. Financial Considerations Rezoning application fee in the amount of - Paid Board/Commission Recommendation At the April 4, 2000,Planning and Zoning Commission meeting,the Commission voted to recommended approval of this case. Staff Recommendation Approval, due to the fact that the proposed density is consistent with previous zoning cases approved within the area and subject to the following item: 1. City approval of a traffic impact study. The Department's of Public Works, Fire, and Development Services concur with this recommendation. Attachments Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Comment Forms Public Hearing Notice Proposed Land Data Conceptual Plan If ( Prepared by Revie v Finance City Man er Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 4. April 11, 2000 Issue • Consider and act upon approval of a change to Work Order No. WYL-38 authorizing 4D Construction Company to proceed with the relocation of a sewer line servicing Universal Transformer. Background The agreement with the Kansas City Southern Railroad necessitated the sale of the City's old annex site to the rail company and the relocation and construction of a new 30"sewer line that runs through the property. The sewer line servicing Universal Transformers is still connected to the abandoned 15"line running through the property. This is an old clay line that is not encased and runs under the future site of the new track location. Currently,the City's Public Works Department crews are pumping discharge from the abandoned manhole to the new 30"line. A new sewer line needs to be constructed that will run north from the Universal Transformer site approximately 400 feet to connect to an existing manhole which connects to the new 30" line. At its February 8, 2000, meeting,the Council awarded a contract to 4D Construction Company for the construction of new water and sewer lines in the alley between 3rd and 4th Streets. 4D Construction has a crew available that can begin work immediately on this project. The company has given the City a bid of$29,258.75 to relocate and construct the new sewer line to service Universal Transformer and to abandon the service line on the old annex property. The abandonment of the old service line will eliminate an inflow and infiltration problem the City had identified. Financial Considerations The City issued Water and Sewer Revenue bonds in September 1999 that included$339,000 for Inflow and Infiltration point repairs and rehabilitation. These funds will be used to finance this project. Other Considerations The City's Purchasing Procedures (Chapter X, Section 1) allow for emergency purchase of services when it is necessary to protect the public health and safety of its citizens. The Procedures (Chapter VIII, Section 2) also establish that any change order greater than $10,000 will be referred to the City Council for approval. Staff Recommendation The Staff recommends that the City Council approve the change to Work Order WYL-38, increasing it by$29,258.75 to $210,123.58 and authorizing 4D Construction to proceed with the relocation of the sewer line servicing Universal Transformer. Attachments Relocation Map - Bid from 4D Construction epared by Revie d b Financ ity ager Approval il i I I 1" - 200' : ) i i r i i t i { 1 I r /f ! I 1 I 1 f KCS Railroad .. _. . _. .___ . ___.. ._ . ..._. .y. . . . _ .. _. ._ . . _ .. _. . I i i I i . : it D n\ r ii • L . 3 . _. . _ . I it } I I : (I I - I v' I I I . I i : I I I / I I II / o • I ya / • / FM 544 I /• I . I / 2 - / / / • • / �,4. / \ I / I / \� .. I �. FROM : FOUR D CONSTRUCTION INC FAX NO. : 9722869178 Apr. 05 1999 08: 15AM P2 42) 3 , 2 Conitructiop, inc 4/4/00 The Hogan Corporation 18333 Preston Road, Ste. 455 Dallas, Texas 75087 Attn: Mr. Chris Hoisted Re: Universal Transformer Sewer Improvements Dear Mr. Hoisted We are pleased to provide you with a quote for the referenced project. 4-D Construction will provide all labor, equipment, material and supervision to construct the project as shown on plans by The Hogan Corporation, stamped preliminary and dated 1/00. Please review the following bid items and associated unit cost. ITEM BID ITEM DESCRIPTION QTY U/M UNIT TOTAL COST COST 1 8"SDR-35 SEWER PIPE 395 LF $59.85 $23,640.75 2 4' DIA. STANDARD MANHOLE 2 EA $1,783.00 $3,566.00 3 SEWER LATERAL 1 EA $472.00 $472.00 4 TRENCH SAFETY 395 LF $4.00 $1,580.00 $29,258.75 Please contact me if you have any questions. Exclusions: Density and soils testing are excluded. Fees, permits and bonds are excluded. Layout and surveying by others. Pipe spoil will be spread along pipeline. Seeding, sodding and hydromulching are excluded. Proposal is good for 30 days. Sincerely, 4411. Mit ch Chappe 11200 Old Seagoville Rd.•Balch Springs,"Texas 75180•(972)286-0094-Fax(972)286-9178