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08-08-2000 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, August 8, 2000 - 7:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Action Taken .:.... ... .. �:•. �::ire:: ::xe:_ ;�sen�:�g: a::-..�..�.•..•...�.�..`:>? +D�!!=.e�#> :.:>_::>::>::>::»:::�>::>::�»<;.;:.;:.:>.�•.;;: �ex�sea�:l�a�a.aud>�f:3�e:�e �tel� A. Approval of the Minutes from the Work Session held July 18, 2000 and the Regular Meeting of July 25, 2000. 1. Consider and act upon authorization of a Direct Alarm Monitoring introductory offer. 2. Consider and act upon the adoption of an ordinance granting a franchise for the collection and disposal of solid waste and recyclable commodities. 3. Consider and act upon the adoption of an ordinance establishing fees for the collection and disposal of solid waste recyclable commodities. 4. Consider and act upon accepting the proposed Ad Valorem Tax Rate and Calculation of an Effective Tax Rate for Fiscal Year 2000-2001. 5. Hold a Public Hearing to consider and act upon approval of a replat of Twin Lakes Addition, generally located along the East side of South Ballard Avenue, South of Alanis Drive and being all of Lot 20 Block D, of a certain 1.663 acres out of the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County,Texas. 6. Consider and act upon authorizing the City Manager to enter into a professional services agreements for the revision of the Subdivision Regulations and associated Design Standards in an amount not to exceed$25,000. In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Act), Section 551.072 Real Estate (200 Block of North Jackson Street) to deliberate the purchase, exchange,lease or value of real property. Take any action as a result of the 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 4th day of August, 2000 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. Date Notice Removed City Secretary 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 MINUTES Wylie City Council Budget Work Session Tuesday, July 18, 2000 Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North Council Present: Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout. Councilman Eric Hogue was absent. Staff Present: Anthony Johnson, City Manager; Brady Snellgrove, Finance Director; Police Chief Jeff Butters; Mike Sferra, Development Services/Public Works Director, Mignon Morse, Library Director; Robert Diaz, Community Center Coordinator;Bill Nelson,Parks Superintendent and Barbara Salinas,City Secretary. FY2000-2001 Budget City Manager, Anthony Johnson began the Work Session with an explanation of the FY2000-2001 presentation process. Mr. Johnson stated that the Budget would be presented as both Departmental and City Manager recommendations with no individual department presentations. Mr. Johnson stated that, based on the direction he received from Council, the wage plan funding was the priority for the FY2000-2001 Budget. He stated that the outcome of the study conducted by Mr. Chris Hartung's would allow Council to determine the percentage for the City of Wylie employees in order to keep within the market. Mr. Johnson stated that it is desirable to conduct an analysis of wages each year to keep wages within the market at a determined percentile in order to retain employees. Mr. Johnson further explained that in order to fund the wage plan,Directors based their budget on the same service level as provided in the FY99-2000 Budget. He stated that he conducted Budget meetings with all Directors and that all were in agreement with the FY2000-20001 Budget as presented. Mr. Snellgrove provided Council with an overview of the General Fund Income Statement, with detailed explanation of the Water/Sewer Services transfer justified by use of the standard formal approved by the GOFA. Mr. Snellgrove pointed out the increase in revenues from Municipal Court citing a 50%increase from last year; a 3% increase in sales tax from last year and the decrease from TXU Electric, by approximately $10,000. Mr. Snellgrove stated that our reserve increased from 12%to 15.5%or equal to 56 days of operation and that it is our goal to be at 70 days of operation or 20%as this is looked at closely by Bond raters. Mr. Snellgrove provided Council with an overview of the Utility Fund stating that we have 186 days of working capital and this was positive as we move forward with the construction of the Wastewater Treatment Plant. There was some discussion and concern regarding the funding of expenditures, specifically additional growth, city services, employees to maintain new park areas and the funding amount for bond projects verses the wage plan. Mr. Snellgrove and Mr. Johnson both provided information with regard to the Staffing Summary. There was some discussion with regard to the additional positions such as the park laborers to keep up with the demands for service due to additional parkland and the Lieutenant's position for Station 2 who will act as the coordinator for EMS Services. Also discussed briefly were the new positions; an employee specialized in grant writing for all departments and a Crew Leader for Utility Meter Reading. Minutes of July 18,2000 Wylie City Council Page 1 Mr. Snellgrove stated that we should have the Property Tax Distribution calculations within another week and this could be up or down. Mr. Snellgrove explained in more detail the breakdown of calculations for the water and sewer transfer. Discussion continued with regard to the identification of specific bond projects and bond amount versus funding for the Employee Wage Plan. Mr. Sferra,Development Services/Public Works Director, was mmendotlonto ist so forme the of the streets completed within this budget year and there was some discussion regarding ao street overlay program. Council inquired as to the direct alarm monitoring revenues. Chief Butters stated that 40-50 packets were mailed out to existing permit holders and to homebuilders,but that the program is too new to have a history. Mr. Snellgrove addressed the time line for the FY2000-2001 Budget by stating that he hoped to have the final budget by August 5, 2000. Mr. Johnson asked if Council had any questions or comments on the budget as presented. Councilman Scott asked that staff look at a progressive increase in the Street Improvement funds, increasing the appropriated$200,000. Councilwoman Allen expressed her concerns regarding the lack of funding for additional police officers. She expressed concerns regarding response time and safety issues. Chief Butters stated that at the present time,the Wylie Police department has staffing to provide a good response time. He stated that the national average response time is seven(7)minutes and our response time is five (5) minutes. Councilwoman Allen also agreed with Councilman Scott to increase the Street Improvement fund annually. With no further comments,the Mayor stated that he would direct the City Manager on the necessity of future work sessions on the FY2000-2001 Budget. With no further discussion,the Work Session was adjourned. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of July 18,2000 Wylie City Council Page 2 MINUTES Wylie City Council Tuesday, July 25, 2000 Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North ................. Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C.Worley and Councilman Chris Trout. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director and Barbara Salinas, City Secretary. :. : ::. :;'. ION&PL`EI :. EOF LE A ::.:::::............... Pledgeof ................... Councilman Hogue was asked to give the Invocation and Councilman Trout was asked to lead the Allegiance. Mr. Sam Satterwhite,Representing the Wylie Chamber of Commerce. Mr. Satterwhite expressed his appreciation to the Council and staff who assisted with the.Ranch Rodeo. He also presented a copy of the new Chamber Directory that was recently distributed to all households in Wylie. Witigeferiaittompoisinimmininnsimisimasiminisiminsigsigigemiminsimmamoss . ........ ...... ::: t::. ..Okice:gitiO ;:.:.:>::;::»>::0 ;::.:>: : .:::......:::::::.::......'::::.::::......: .;;: :.; : :.::;.;:. �:.:,:.��s..:::.:::::.............:. 0.00 1*thEon: E*ilii ;.;;:.;;;>:.:.::: : i; :.;:..;:.;::::::;.;::;.;: hOf efE�E`��..�i.:::ESA.�.:.....::.::::::::........... ;::::.........:.: :.........:.::.::...... .:.::. . . .. . ....:::.:::.:::::::::.:::::._::::::::::.;:.:::::::::::.;':::..::. it a a�eaaov d frt*s::t# :Ag :: :: ; 4 s s..s . .. . A. Approval of the Minutes from the Regular Meeting of July 11, 2000 and the April 24, 2000 Joint Meetings with the Wylie Independent School District Board of Trustees and Library Advisory Board; Special Called Meeting of May 11, 2000 and the June 6 Canvass of Election Returns. Councilman Hogue made a motion to the Minutes from the Regular Meeting of July 11, 2000 nd d the April 24, 4, 2000 Joint Meetings with the Wylie Independent School District Board of Trustees and Library Advisory Special Called Meeting of May 11, 2000 and the June 6 Canvass of Election Returns. Councilwoman Allen seconded the motion. . A vote was taken and the motion was approved, 7-0. 1. Hold a Public Hearing to consider and act upon a request from Allen Funeral Home for approval of a zone change from SF-3 (Single Family) to B-1 (Business), generally located south of Masters Avenue and Fifth Street and being all of a certain 0.627 acre tract out of the Francisco de la Pina Survey, Abstract No. 688 and also being all of Lots 16 & 17, Block 28 of the Railroad Addition, City of Wylie, Collin County, Texas. (Item Tabled at the 7/11/00 Regular Meeting) Councilwoman Allen abstained from any discussion and vote on Item No. 4 and completed the proper affidavit for Conflict of Interest. Minutes of July 25,2000 Wylie City Council Page 1 Councilman Scott made a motion to remove Item 1 from the table. The Mayor then opened the public hearing asking that anyone wishing to speak either in favor or opposition of the zone change to please come forward, stating their name and address for the record and limiting their comments to three (3) minutes. With no response, the Mayor then closed the Public Hearing. Councilman Scott made a motion to approve Ordinance No.2000-10 amending the zoning ordinance to include a zone change from SF-3 (Single Family) to B-1 (Business), generally located south of Masters Avenue and Fifth Street and being all of a certain 0.627 acre tract out of the Francisco de la Pina Survey, Abstract NTexas. 88 C8un and also being all of Lots 16 & 17,Block 28 of the Railroad Addition, City of Wylie, Collin County, man Trout seconded the motion. A vote was taken and the motion was approved,6-0. Councilwoman Allen abstained. 2. Hold a public hearing and consider and act upon the adoption of an Ordinance establishing new residential zoning district regulations. The Mayor opened the public hearing asking that anyone wishing to speak either in favor or opposition of the zone change to please come forward, stating their name and address for the record and limiting their comments to three (3)minutes. With no response,the Mayor then closed the Public Hearing. Councilman Worley made a motion to move into Work Session on Item No. 2 before Council consideration and action. Councilman Young seconded the motion. A vote was taken and the motion was approved,7-0. 3. Consider and act upon award of a contract for construction of an asphalt walking path and sidewalks at Community Park. Councilman Young asked if this contractor was the original contractor who completed the initial concrete work. Ms.Manson stated that this was not the original contractor. e Councilman Young made a motion to award Park�Councilmanct to on Worleylces, Inc forseconded thehmotion�A�ote was n of an asphalt walking path and sidewalks at Community taken and the motion was approved,7-0. 4. Consider and act upon the proposed extension of a contract with Browning-Ferris, Inc.,for collection and disposal of solid waste and recyclable commodities. Mr. Johnson stated that they were presenting the extension of the contract with Browning-Ferris, Inc., for collection and disposal of solid waste and recyclables after the July 11 Work Session that resulted in additional services (brush/bulk pick up) that the citizens have requested. Mr. Johnson explained that the additional once a month pick up services will result in a .22 increase. He also added that over the next four years, BFI does have the option to increase rates based on the Consumer Price Index (2.7% this year) with a cap of 5%. Staff is recommending extension of the contract with BFI. There was some discussion with regard to the 6' X 6' X 3' restrictions for bulk pick up. Mr. Don Smith, Operations Manager,came forward to address Council's concerns. Mr. Smith stated that their concerns are not so much the area,but the weight and that they will be flexible with items. Mr. Smith stated that this is not a common problem,however,if it becomes the demand becomes excessive they will work with staff on a solution. Mr. Smith stated that there are typically 2-3 men per truck for brush/bulk pick up. The Mayor instructed staff to use resources such as water bill notations and the citizens newsletter to inform the public of the new changes. Mr. Johnson stated that the changes will go into effect in September with billing in October. Councilman Worley made a motion to approve the extension of a contract with Browning-Ferris, Inc., for collection and disposal of solid waste and recyclable commodities. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,7-0. Minutes of July 25,2000 Wylie City Council Page 2 The Mayor then adjourned into Work Session for discussion on Item No. 2 Establishment of New Residential Zoning District Regulations. Mr. Ray Stanland and associate, Ms. Janet Tharpe were both present to provide details on the changes to the Residential Zoning District Regulations. Mr. Stanlan stated that the intent of the recommended changes was to set the standards for future development. After considerable discussion Council recommended the following amendments to the Residential Zoning District as presented by Mr. Stanland: • With regard to the Proposed Residential Districts Minimum Dwelling Size: Recommended Amendments Agriculture 2,800 sq ft same SF-lA 2,800 sq ft 2,600 sq ft SF-30 2,600 sq ft 2,400 sq ft SF-20 2,500 sq ft 2,100 sq ft SF-10 2,200 sq ft 1,900 sq ft SF-8.5 2,000 sq ft 1,700 sq ft TH 1,500 sq ft same • Clean up charts to reflect notation from"2 acres"to"1 acre" • Take Kennel out of one acre districts(listed in two places—inside&outside Kennels) • Change shingles by weight to require heavy weight shingles in the base standards. With no further discussion,the Mayor then reconvened into Regular Session. _y■:�:::::�':ty:;�:r:::Syr.:��.::y�:!(:}.;':.}'y{:�({::.�n�:::.}v:•:r:::::n':.::../yy}.:':y{'....::..�.��:y:.;':.}'.�.:.:�}:(��.,a:{:�;:?y{:!�.(::�:.i.}'T�:::�.:.v.,•(�.:'::���.. :-.w.: ..iiy1�.461 .. ..... Council had moved to hold Item 2 for consideration and action until after the work session. 2. Hold a public hearing and consider and act upon the adoption of an Ordinance establishing new residential zoning district regulations The Public Hearing was held earlier in Regular Session, with no response. Councilman Worley then made a motion to approve the adoption of Ordinance No. 2000-11 establishing new residential zoning district regulations with the amendments as a result of the Work Session. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 7-0. The Mayor then adjourned into Work Session. .... ifXk1R`Yv::.:v::':::::i?i::::i:':::::isis�::i?:::::i::i:::i:{.i::;:::::%+::::::i::::ii:::i�v:i::::::i::::i':::::' :::i:':::i::::::-`.::::i�j::?:�;::::}':!::::::::::::: :::::`::::(::::i::::i:::•'::'::is�:.::!.::::i'::::::%:i:i%�:-i::::::::i::::::::i FY2000-20001 Budget Mr. Brady Snellgrove, Finance Director, made a brief presentation to Council with regard to the FY2000-2001 Budget. Mr. Snellgrove stated that the Property District Calculations were in showing a 15%increase. Mr. Snellgrove explained how Truth in Taxation would effect this increase and the need to issue additional debt. Minutes of July 25,2000 Wylie City Council Page 3 Statement of venue Mr. Snellgrove detailed an overhead display of an Generalspecifically dthe Community Park Special d Expenditures; General Obligation Debt Services Fundas enue Revenue Fund. Mr. Snellgrove stated that staff is cand withing to eliminate this funthe addition of Founders Park,ethevsame received from the user fees does not cover expenses, situation of escalating costs will be created and thee deficit willion continue of the fund.grow. Mr. Snellgrove stated that there will be no noticeable difference,onl y adjourned in to :: .. . ...................................... ::. . � �'Au ::;::iis:.us s:i:.:n:or..c. ....... .. .. the Mayor the With no further discussion or comments on the FY2CTOo00 r OmenBCodetVernon's Texas Code Annotated Executive Session in accordance with Chapter 551, (Open Meeting Act), Section 551.072 Real Estate (200 Block of North Jackson Street)to deliberate the purchase,exchange, lease or value of real property. There was no action taken as a result of the Executive Session. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of July 25,2000 Wylie City Council Page 4 WYLIE CITY COUNCIL AGENDA ITEM NO. 1. August 8,2000 Issue Consider and act upon authorization of a Direct Alarm Monitoring introductory offer. Background In July the City of Wylie began offering alarm monitoring to Wylie citizens. The Police Department has mailed out 40-50 packets to citizens interested in taking advantage of our alarm monitoring service. Only a very small percentage have followed through and elected to use Wylie Direct Alarm monitoring service. The Police Department began calling back people who were sent packets but had not called back to get hooked up to our monitoring system. Some of the people contacted reported that they are waiting for their current monitoring contracts to expire,but many more are stating that they have been deterred by the initial set-up cost($87- $150). Giving people the first four months of alarm monitoring free will help defray the initial costs, and may allow us to sign up more alarm monitoring customers. Financial Considerations Offering the first four months of alarm monitoring free will cost the City some revenue in the short term, but may allow us to sign up more people to the service, and generate more revenue in the long run. Other Considerations The City of Woodway offers first six months of alarm monitoring free for the same reason that we are considering it. The City of University Park also offered the first 3 months free for a period of time until they got there customer base high enough to support the cost of the service. Staff also recommends extending the introductory offer to existing customers(three as off 08-01-00), so that we don't alienate them. Board/Commission Recommendations N/A Staff Recommendations Staff recommends offering the first four months of Wylie Direct Alarm monitoring for free,until such time as there are enough customers online to support the cost of the service. Attachments None P , red by evi ed by Finance City Manag oval WTYLIE CITY COUNCIL AGENDA ITEM NO. oL• August 8, 2000 ISSUE Consider and act upon the adoption of an ordinance granting a franchise for the collection and disposal of solid waste and recyclable commodities. BACKGROUND On July 25, 2000, the City Council approved new contract provisions and rate schedules for the collection of solid waste and extended the contract with BFI for an additional five year term. The revised contract provides an enhanced level of service by the addition of a regularly scheduled brush and bulky waste collection. The contract also provides for rate adjustments in accordance with increases in the Consumer Price Index(CPI). The new rate schedule reflects a CPI increase of 2.7 per cent. The award of this contract extension will necessitate the adoption of an ordinance granting a new franchise to BFI for the collection of solid waste and recyclables within the City of Wylie. The proposed ordinance, a copy of which is attached, gives effect to and fully incorporates the terms and conditions of the contract. FINANCIAL CONSIDERATIONS N/A. OTHER CONSIDERATIONS N/A. STAFF RECOMMENDATION Staff recommends that Council adopt the proposed ordinance granting a franchise BFI for the collection and disposal of solid waste and recyclable commodities within the City of Wylie. ATTACHMENTS Proposed Ordinance, Copy of Contract. ) a.1ZrZhi4d11244101 \-c ,ng 11�` \' 1) Do Prepared by Re ewed by finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, GRANTING A FRANCHISE FOR THE COLLECTION, REMOVAL AND DISPOSAL OF SOLID WASTE AND RECYCLABLE COMMODITIES WITHIN THE CITY OF WYLIE TO BROWNING-FERRIS INDUSTRIES; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS , the City has recently negotiated a contract (Agreement) with Browning- Ferris Industries (BFI ) for the collection of solid waste and recyclable commodities within the City on terms and conditions deemed to be favorable to, and in the best interest of, the City ; and , WHEREAS, the City Council desires to implement and give effect to the Agreement by providing for the execution and adoption thereof in the form of an ordinance granting such franchise ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE , TEXAS, as follows : SECTION I The City of Wylie hereby grants a franchise for the collection , removal and disposal of solid waste and recyclable commodities within the City to Browning- Ferris Industries , on the terms and conditions of the Contract attached hereto as "Exhibit A" and fully incorporated herein and made a part hereof by reference. SECTION II The Mayor, the City Manager, and the City Secretary are hereby authorized and directed to properly execute the original (s ) of such agreement as the act and deed of the City . 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 Bfi fran.ord 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 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 8th day of August , 2000. By John Mondy Mayor ATTEST: Barbara Salinas City Secretary Bfi fran.ord SOLID WASTE & RECYCLING CONTRACT BETWEEN THE CITY OF WYLIE, TEXAS AND BROWNING-FERRIS INC. Effective September 1,2000 GENERAL SPECIFICATIONS 1.00 GRANT. ........................... .......................................................... - l - 2.00 DEFINITIONS................................................. 2.01 Bags.......................................................................................................... _ 1 - 2.02 Bins..................................................... 2.03 Bullcy Waste. ......................................................................................... - 1 - _ 1 2.04 Bundle - 2.05 Cir - 1 1 2.06 Commercial and Industrial Refuse _2 _ 2.07 Commercial and Industrial Unit _2 - 2.08 Commercial Hand Collect Unit _2 - 2.09 CoCo_____odity - 2 ' 2.10 Commodity Buyer -2 - 2.11 Construction Debris -2 - 2.12 Container - 2 - 2.13 Contractor -2 - 2.14 Dead Ani_it -2 - 2.15 Disp osal Site - 3 - 2.16 Garbage - 3- 2.17 Hazardous Waste - 3 - 2.18 Holida s - 3 - 2.19 Poi ycart Container - 3 - 2.20 Producer - 3 2.21 Recyclablem Comodities -3 - 2.22 Recycling Container - 3 - 2.23 Refuse - 3 - 2.24 Residential Refuse -4 - 2.25 Residential Unit - 4 - 2.26 Rubbish - 4 - 2.27 Stable Matter -3.00 SCOPE OF WORK - 4 - 4.00 COL ION LECT OPERATION -4 - 4.01 Service Provided 4.02 Location of Pol carts Bins Containers Ba s and Bundles for Collection - 5 - -5.00 COLLECTION OPERATION -5 - 5.01 Hours of Operation - 6 - 5.02 Routes of Collection - 6 - 5.03 Holidays - 6 - 5.04 Complaints - 7 - 5.05 Collection Equi pment _ 7 - 5.06 Office - ii - - 7 - 5.07 Haulin - 7 - 5.08 Disposal - 7 - 5.09 Notification - 7 - 5.10 Point of Contact - 8 - 6.00 COMPLIANCE WITH LAW - 8 - 7.00 EFFECTIVE DATE - 8 - 8.00 NONDISCRIMINATION - 8 - 9.00 INDEMNITY - 8 - 10.00 INDEPENDENT CONTRACTOR - 8 - 11.00 LICENSES AND TAXES - 9 - 12.00 TERM - 9 - 13.00 INSURANCE -14.00 BOND - 10 - 14.01 Performance Bond - 10 - 14.02 Power of Attorney 15.00 BASIS AND METHOD OF PAYMENT - 10 - - 10 - 15.01 Collection and Disposal Rates - 10 - 15.02 Modification to Rates - 11 - 15.03 Contractor to Act as Collector - 11 - 15.04 Delinquent and Closed Accounts - 11 - 15.05 Contractor Billings to City 16.00 TRANSFERABILITY OF CONTRACT - 11 - - 12 - 17.00 EXCLUSIVE CONTRACT - 12 - 18.00 OWNERSHIP - 12 - 18.00 FRANCHISE FEE - 12 - 20.00 BOOKS AND RECORDS - 12 - 21.00 TERMINATION FOR CAUSE - 13 - 22.00 NOTICES - iii - 23.00 AP .................................................. 24.00 AMENDMENT................................................................................... ..... - 13 - 25.00 FORCE tA.- E........................................................... 26.00 SEVERABII-ITY.................................................................. - 14 - 27.00 ENTIRE CONTRACT - 14 - 28.00 SPECIAL P ROVISIONS - 14 - 28.01 City Facilities - 14 - 28.02 rin lean-Up Camyai n - 14 - 28.03 Pavement Damage in Allevs - 14 - 28.04 Contract Performance Review - 17 - ATTACHMENT A ATTACHMENT B - 19 - - 1 PERFORMANCE STANDARDS I. Residential and Commercial Hand Collection - 208 - - II. Residential Recycling - 20 - III. Commercial Container Collection - 21 - IV. General - 22 - ANTI-SCAVENGING ORDINANCE - iv - CONTRACT THIS CONTRACT, made and entered into this day of , 2000, by and between the City of Wylie, Texas a Municipal Corporation of Collin County, Texas, (hereinafter called the "City") and Browning-Ferris, Inc., (hereinafter called "Contractor"). WITNES SETH: WHEREAS,the parties hereto desire for Contractor to provide Solid Waste and Recyclable Materials Collection within the City and to perform such work as may be incidental thereto in accordance with the terms of this Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: • 1.00 GRANT BFI shall be granted the exclusive right to provide refuse collection, removal and disposal services and collection of recyclable materials for the Residential, Commercial and Industrial Units within the corporate limits of the City, as specified and described in the Contract. Further, the Contractor is hereby granted a franchise, license and privilege within the territorial jurisdiction of the City to and wide refuse collection, remall furnish all l, labor, oval and equipment,trucks, and all other items necessary p disposal services, and recycling collection as specified and to perform all of the work called for and described in the Contract. 2.00 DEFINITIONS 2.01 Bags-Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 40 lbs. 2.02 Bins-Metal receptacles designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 2.03 Bulky Waste- Stoves,refrigerators,water tanks,washing machines, furniture and other waste materials other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for Bins, Containers or Polycarts, as the case may be. 2.04 Bundle - Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length or the amount that can be lifted by two men. 2.05 City-City of Wylie, Texas. - 1 - 2.06 Commercial and Industrial Refuse - All Bulky Waste, Construction Debris, Garbage,Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07 Commercial and Industrial Unit-All premises,locations or entities, public or private,requiring Refuse collection within the corporate limits of the City not a Residential Unit. 2.08 Commercial Hand Collect Unit 14,-A 30t anon bags oail or light r ontainercial ersof refuse per e of business which generates no more than30-gallon 2.09 Commodity - Material that can be sold in a spot or future market for processing and use or reuse. 2.10 Commodity Buyer- A buyer or processor, selected by Contractor pursuant to the Contract Documents, of Recyclable Materials delivered by Contractor. 2.11 Construction Debris-Waste building materials resulting from construction, remodeling, repair or demolition operations. 2.12 Container- A receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a Container and its contents shall not exceed 60 lbs. 2.13 Contractor-Browning-Ferris, Inc. 2.14 Dead Animals - Animals or portions thereof equal to or greater than 10 pounds in weight,that have expired from any cause, except those slaughtered or killed for human use. 2.15 Disposal Site - A Refuse depository including but not limited to sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or Dead Animals for processing or final disposal. - 2 - 2.16 Garbage-Any and all Dead Animals of less than 10 pounds in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, that used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); exce t (coon Debris, Deadl cases) any atter Arumalsuded in the Hazardous definition of Bulky Waste, Construction Waste,Rubbish or Stable Matter. 2.17 Hazardous Waste -Waste, in any amount,which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency by ant to Federal or State Federal or State law.lFor or waste, in any amount,which is regulated under purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, paint and paint cans. 2.18 Holidays - The following shall be holidays for the purpose of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2.19 Polycart Container-A rubber wheeled container,having a maximum capacity of 95 gallons, designed for automated or semi-automated solid waste collection systems. Construction shall be injection molded polyethylene. 2.20 Producer-An occupant of a Commercial Unit,Industrial Unit or a Residential Unit who generates Refuse. 2.21 Recyclable Commodities -Material collected by the Contractor pursuant to the contract documents, which can be sold in a spot or future market for processing and use or reuse including, but not limited to, newsprint, magazines, plastic (PET and HDPE), glass containers, aluminum cans and metal (tin) cans. 2.22 Recycling Container - A plastic receptacle, designed for the purpose of curbside collection of recycling commodities, with minimum capacity of 18 gallons. 2.23 Refuse - This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter d Commerc al and I sidential Unit,IndustrialRefuse.unless the context otherwise requires, an 2.24 Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential Unit. - 3 - 2.25 Residential Unit-A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. consisting of fourd orl less whether of single or multi-level units, shall be treated as a contiguous or separate single-family dwelling Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. 2.26 Rubbish - All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.27 Stable Matter-All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. 3.00 SCOPE OF WORK The work under this Contract shall consist of the items contained in the Performance Standards, including all the supervision, materials, equipment,labor and all other items necessary to complete said work in accordance with the Contract Documents. A copy of said Performance Standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 4.00 COLLECTION OPERATION • 4.01 Service Provided (a) Contractor shall provide curbside or alley collection service for the collection of Residential Refuse to each Residential Unit one (1) time per week. Polycart Containers shall be placed at curbside by 7:00 a.m. on the designated collection day. All Residential Refuse shall fit into the Polycart Container with the lid closed. (b) Contractor shall provide curbside collection service for the collection of Recyclable Materials from each Residential Unit one (1) time per week. Containers shall be placed at curbside by 7:00 a.m. on the designated collection day. - 4 - Contractor shall provide Bin Collection service for the collection U of (c) Commercial and Industrial Refuse to Commercial and Ind its according to individual agreement. The Ca Collect ctor units as defined'ml provide e2.08 rcial Hand Collection service for Commercial of definitions. (d) The Contractor shall provide for the special Stable Matterection fr. m Also,the Conn ractor al Units of Bulky Waste, Construction Debris an may from time to time provide for the special collection of Dead Animals and Hazardous Waste at Commercial and Industrial Units and Residential Units at its sole discretion and upon such terms and conditions as Contractor shall specify. (See paragraph 15.01(b).) (e) Contractor shall provide transportation of collected refuse to the landfill site for disposal, which responsibility is solely that of the landfill operator. (f) Contractor shall provide transportation and processing of collected recyclables to the Recyclery. (g) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado noor In similar event such ifferent Act of God over which the Contractor has control a flood, tornado, or other Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the Contractor. 4.02 Location of Pol carts Bins Containers Ba s and Bundles for Collection (a) Each Polycart, Container, Bag, Recycling Container and Bundle shall be placed at curbside for collection. Curbside refers to that portion of right-of- way adjacent to paved or traveled City roadways(including alleys). Polycarts, Containers, Bags and Bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction d Bundles s shall be placed as crmed in the lose af- s way, Polycarts, Containers, Bags an practicable to an access point for the collection vehicle. Contractor may decline to collect any Polycart, Container,Bag and Bundle not so placed or any Residential Refuse not contained in a Polycart. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a concrete pad according to individual agreement. Contractor may decline to collect Refuse in Bins not so placed. Placement of bin and - 5 - size/construction of concrete pad shall be such that the front wheels of collection vehicles shall rest entirely on the pad while bin is lifted and emptied. 5.00 COLLECTION OPERATION 5.01 Hours of Operation (a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. on the same day. affected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual • circumstances. (b) Collection of residential brush and bulky waste, commercial and industrial refuse shall take place according to individual agreement. 5.02 Routes of Collection (a) Residential Unit and Commercial collection routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. City shall publish at its expense at least once during each calendar year a map of such Residential Unit collection routes in a newspaper published in the immediate area. The published map shall be of such size to clearly show all pertinent information. The Contractor may from time to time propose to City for approval, changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City's approval of the proposed changes, City shall promptly give written or published notice to the affected Residential Units. (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03 Holidays - Contractor may decide to observe any of the Holidays mentioned hereina,but such decision in no manner relieves Contractor of his obligation to provide Refuse collection service at Residential Units at least once per week. 5.04 Complaints-All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections,the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the Refuse not collected within 24 hours after the complaint is received. - 6 - 5.05 Collection Equipment-The Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles, Bins and other equipment shall be kept in good repair,appearance, and in a sanitary condition at all times. Each vehicle shall have clearly forle on each side the food service establishments and telephone number of the Contractor. shall be exchanged at least one time per year. 5.06 Office-The Contractor shall maintain la anoffice or such can be contacted.cted facilitieser It shalle close proximity to the City through w they equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 5:00 p.m.Monday through Friday. 5.07 Non-Collection - Should a dispute arise between City, Contractor and/or a customer as to whether Contractor actually failed to make a collection (whether Contractor missed a pick-up),the decision of City's Mayor in such matter shall be final, and City and Contractorthe cugromer of the reason foree to abide by sthd ssion. such Contractor shall also provide notice to non-collection (unless such non-collection is the result of the customer's failure to timely place the refuse or containers out for collection). Contractor's norice to the customer shall be in writing, attached to the container or the front door of the residence or commercial business and shall indicate the nature of the violation and the correction required in collection dade.r that such garbage may then be collected atthe next regular 5.08 Interruption of Service - In the event that the collection and disposal of acceptable waste should be interrupted by any reason for more than forty- eight hours, City shall have the right to make temporary independent arrangements for purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety, and contractor shall pay the City all costs and expenses associated therewith within ten days of notice of the costs and expenses. If the interruption of service mentioned above continues for a period of seventy-two hous and is not the result of a force majure, then City shall have the right to terminate this contract. 5.09 Hauling - All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing are reasonably prevented. 5.10 Disposal- All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. 5.11 Notification- The City shall notify all Producers at Residential Units about complaint procedures, rates, regulations, and day(s) for scheduled Refuse collection. - 7 - 5.12 Point of Contact-All dealing, contacts, etc.,between the Contractor and the City shall be directed by the Contractor to the City Manager or the City Finance Director. 6.00 COMPLIANCE WITH LAW The Contractor shall conduct operations under this Contract in compliance with all applicable laws; provided, however, the General Specifications of this Contract shall govern the obligations of the Contractor where there exists conflicting ordinances of the City on the subject. 7.00 EFFECTIVE DATE This Contract shall become effective upon the execution hereof by all parties and performance shall begin on September 1, 2000. 8.00 NONDISCRIIINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 9.00 INDEMNITY The Contractor will indemnify and save harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys'fees incident to any work done in the performance of this Contract arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys'fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees. 10.00 INDEPENDENT CONTRACTOR Contractor is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which itperforms ned shall be construed as creating under the terms of this contract. Nothing a relationship of employer and employee, or principal and agent, between City and contractor or any of Contractor's agents or employees. Contractor assumes exclusively the responsibility for its acts and the acts of its employees as they relate to the services to be provided during the course and scope of their employ. Contractor, its agents and employees shall not be entitled to any rights or privileges of City's employees and shall not be conidered in any manner to be a City employee(s). 11.00 LICENSES AND TAXES - 8 - The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract)and promptly pay all taxes required by the City and by the State. 12.00 TERM The contract shall be for a five(5)year period beginning September 1, 2000 and ending five(5)years thereafter. The initial term of contract may o both extendedpentie for successive additional five (5)year terms with the mutual s. 13.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Worker's Compensation, Public Liability and Property Damage Insurance,including contractual liability coverage for the provisions of Section 9.00. All insurance shall be by insurers and for policy limits t atctor acceptableagi'ees to the City; and to furnish to the before City commencement of work hereunder the Co certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate Property Damage Liability $500,000 each occurrence Except Automobile $500,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Excess Umbrella Liability $5,000,000 each occurrence - 9 - As an alternative to the above, Contractor may insure the above public liability and property coverage under a plan of self insurance. Each insurance policy with respect to public liability insurance may provide for a self-insured retention of an amount of $250,000 with the result that the Contractor is its own insurer to the extent the coverage may be provided by the Contractor's parent corporation. The Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self insurance. 14.00 BOND 14.01 Performance Bond - The Contractor will be required to furnish a corporate surety bond as security for the performance of this Agreement. Said surety bond must be in the amount of$100,000.00,with no pro rata reduction over the term of the Agreement. 14.02 Power of Attorney - Attorneys-in-fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. 15.00 BASIS AND METHOD OF PAYMENT 15.01 Collection and Disposal Rates (a) The rate for collection services required to be performed pursuant to Sections 4.01 (a), (b) and(c) shall be the rates set forth in Exhibit"A", attached hereto and made a part hereof, subject to adjustment in accordance with Section 15.02. 1 ), (b) For special collection provided aYb been the Contractor and Produceoractor pursuant to Section r priorthe charges are to be negotiate to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. (c) The Refuse collection charges provided by Sections 15.01 (a)-(c) shall include all disposal costs. (d) In the event that any Commodity collected shall not be marketable for a period of 60 days or longer, City and Contractor upon mutual agreement, shall eliminate that Commodity from the Recyclable Materials program and this Contract. 15.02 Modification to Rates-The Contractor may adjust the rates contained herein during the term of this Agreement to fully cover increases in costs resulting from (i) changes in any laws, ordinances, regulatory requirements or guidelines (including changes in construction or interpretation thereof or - 10 - change in the manner or method of enforcement thereof); (ii) orders, judgments or directives of any court or governmental body of instrumentality thereof;or(iii)increased costs due to changes in location of disposal facilities and/or increases in disposal costs; (iv)changesarners anected d Clerical Workers ations in the Consumer Price Index for Urban Wage published by the U.S. Department of Labor,Dallas-fort Worth area. Should its operation costs increase,t Col2 months during the term of this tractor may petition the City for rate adjustments no more than onceevery Contract. Any proposed rate adjustment shall be submitted to City as soon as practicable and be accompanied by adequate cost justification and documentation to allow for proper review by the City,-which petition shall not be unreasonably denied. Increase not to exceed 5% of the rates in force at the time of the requested adjustment. 15.03 Contractor to Act as Collector-The Contractor shall submit statements to and collect from all Commercial and Industrial Units ig°r services provided by the Commercial HandCollect Contractor pursuant to Section ( ) and Shared Dumpsters). 15.04 Delinquent and Closed Accounts (a) The Contractor shall discontinue Refuse collection service at any Residential Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume Refusecollection on the notification by the City, the Contra next regularly scheduled collection day. The City shall indemnify and hold the Contractor harmless from any claims, suits, damages, liabilities or expenses (including but not limited to expenses of investigation and attorney's fees) resulting from the Contractor's discontinuing service at any location at the direction of the City. (b) The Contractor shall have the�Unit, Commercial Hand Collect, or Shared t to discontinue Refuse collection service at any Commercial and Indust Dumpster delinquent in its payments. 15.05 Contractor Billings to City - The Contractor shall bill the City for service rendered to Residential Units within ten (10) days following the t e 15th day month and the City shall pay the Contractor on or following the receipt of the invoice. Such billing and payment shall be based on the price rates and schedules set forth in the Contract Documents. The Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not the City collects from the customer for such service. - 11 - 16.00 TRANSFERABILITY OF CONTRACT Other than by operation of law,no assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld. In the event of any assignment, the assignee shall assume the liability of the Contractor as though it was the original Contracting Party. 17.00 EXCLUSIVE CONTRACT The Contractor shall have the sole and exclusive franchise, license and privilege to provide refuse collection and removal and recycling collection within the corporate limits of the City. The Contractor shall at all times have the right to first refusal to the collection of Dead Animals and Hazardous Waste from Residential Units and from Commercial and Industrial Units. 18.00 OWNERSHIP Title to Refuse , Dead Animals and Recyclable Materials shall pass to the Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the customer's premises, whichever last occurs. 19.00 FRANCHISE FEE The Contractor shall pay to the City fifteen percent(15%) of all amounts received by the Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 25th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. 20.00 BOOKS AND RECORDS The City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense,upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 14.02. 21.00 TERMINATION FOR CAUSE - 12 - If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth,the City shall notify Contractor by registered or certified mail addressed to the Contractor at the address set forth herein of specific reasons in support p of the City's claim that the Contractor has substantially breached 3 terms and provisions date of of this Contract. Contractor shall be allowed a thirty (30) day period receipt of said notice from City to remedy any failure to perform. Should the City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no earlier than 10 days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Should the City still deem Contractor to have failed in its performance, said hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate refuse collection service for the City, the City Council may, by two- thirds vote, terminate this Contract. 22.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to the City, at: P. O. Box 428 Wylie, Texas 75098 Attn: City Manager If to the Contractor, at: 4200 E. 14th Street Plano, Texas 75074 Attn: District Manager or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 23.00 APPROVAL This Contract shall not be considered fully executed nor binding on the City or the Contractor until the same shall have been executed by the Contractor,the Mayor and the City Secretary of the City. 24.00 AMENDMENT - 13 - with and conformed to by thelied All provisions of this Contract shall be strictly complied writtenon the Contractor, and no amendment to this Contrac o��d to release e made thet rparty fro anY consent of the parties. No amendment shall be c for in such amendment. obligation under this Contract except as specifically provided 25.00 FORCE MAJEURE Notwithstanding anything herein to the contrary,the Contractor shall not be liable for the failure to perform its duties if such failure caused of God by a so�ot er s�milar or t, war, governmental order or regulation, strike, fire, accident different contingency beyond the reasonable control of the Contractor. 26.00 SEVERABILITY In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceablitY of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 27.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. 28.00 SPECIAL PROVISIONS 28.01 City Facilities - Bin collection service for City of Wylie facilities shall be provided at no charge. 28.02 Spring Clean-Uv Cam ai (a) Contractor shall provide up to ten (10) 30-cubic yard containers at a centralized Spring Clean-Up site. A minimum of eight containers shall be maintained on site at all times. (b) Contractor shall provide free collection and disposal to the City, up to a maximum of 15 hauls of 30 cubic yards. 28.03 Pavement Damage in Alleys (a) Contractor shall be responsible for the repair of damage to paved surfaces in alleys when such damage is caused by the Contractor's collection equipment. Substantiation of cause shall be by mutual agreement of both parties. - 14 - (b) Within thirty (30) days s after receipt of a notice of damage, pending substantiation of cause and mutual agreement of both parties as outlined in Section 28.03(a), the Contractor shall arrange for satisfactory repair of the alley pavement or repairs will be performed by City forces and the City reimbursed on a time and materials basis. Reimbursement for materials and labor shall be in the form of a credit on the Contractor's next monthly billing for Residential collection service. 28.04 Contract Performance Review (a) Contractor's representatives shall meet with City staff periodically in order to review contract performance. The time and place of meetings shall be scheduled by mutual agreement. (b) Contractor's representatives shall meet once a year with the City Council for purposes of an annual contract performance review. - 15 - IN WITNESS WHEREOF,we,the contracting parties,by our duly authorized agent, hereto affix our signatures and seals as of this day of , 2000. r^ UOi�uu���ii� CITY OF WYLIE,TEXAS `S� YZ1:k t. A Municipal Corporation of V Collin County, Texas I SEAL - €. 144 S- • of the `5t By: Ma o Y Sty ,, P. -v41 1111111111I0 and ice, _ �`.. .. C'ikf ger ATTEST: • • i Se', i irr BROWNING-FERRIS INDUSTRIES By: ATTEST: District Manager - 16 - ATTACHMENT A CITY OF WYLIE,TEXAS SEPTEMBER 2000 RATE REFUSE AND RECYCLING SERVICE: $8.31 Residential- Single Family $8.31 Duplex Unit-Per Unit $8.31 Trailer Park-Per Unit $3.00 Additional Polycart, Per Unit COMMERCIAL SERVICE: $11.50 Commercial Hand Collect 2 x week $ 4.03 Additional Polycart 6 .5 2 cu. yd. 1 x week $$42 42. 6 2 x week 90$120.78 3 x week ..._ $ 58.66 3 cu. yd. 1 x week $ 8.66 2 x week $169.09 3 x week .42 4 Cu. yd. 1 x week $ 8$187.1 2 x week $196.69 3 x week .37 6 cu. yd. 1 x week $10$102.37 78 2 x week $247.30 3 x week k $125.38 1 x wee 8 cu. yd. 2 x week $215.09$286.41 3 x week EXTRA PICKUPS EACH: $ 32.21 2, 3, 4, cu. yd. $ 36.81 6, 8, cu. yd. DELTVERY/EXCHANGE of FEL CONTAINERS: $ 51.35 - 17 - ATTACHMENT A CONTINUED ROLLOFF CHARGES: 42 Cu. Yd. Compactor Containers, Per Haul $287.56 (Includes disposal, does not include equipment) 30 Cu. Yd. Open-top Rolloff containers, Per Haul $258.80 (Includes disposal) Daily Rental $$ 7.1977. 9 Delivery/Exchange SPECIAL CHARGES: Polycart Replacement $60.00 Returned Check Charge $ 20.00 CITY BILLS RESIDENTIAL BFI BILLS COMMERCIAL & ROLLOFF (Includes 15% Franchise Fee) CITY ACCOUNT#9015397 CONTACT UTILITY BILLING 972.442.8131, FAX 972.442.8105 - 18 - ATTACHMENT B CITY OF WYLIE,TEXAS PERFORMANCE STANDARDS Residential and Commercial Hand Collection A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. - 7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All refuse must fit inside the polycart with the lid closed; nothing outside the polycart will be collected with the regularly scheduled weekly service. Plastic bags may be used inside the polycart. E. Spillage: Any spillage caused by Contractor will be picked up immediately. Spillage caused by others or by inadequate containers will be the producer's responsibility. F. Brush and Bulky Item Collection BFI will make brush and bulky collection available to Wylie residents one day per month as part of the standard contract. Maximum size is restricted to two (2) cubic yard. Maximum weight is no more than that which can be lifted by two men. Special collection of brush and bulky items will be made available to Residents at the rate of$72.00 per hour for time spent on collection, with a minimum charge of $15.00 per collection. Residents must call Contractor's dispatch office to schedule collection. Approved Containers: a) Polycarts b) Brush cut to 6 x 3 x 3 and bundled with twine, no heavier than what can be handled by one man, and placed at the curb. c) Maximum weight bundle or container is not to exceed that which can be lifted by two men. G. Commercial Hand Collection Customers with an average weekly volume exceeding 2 polycarts twice a week will be required to use container service unless there are extraordinary - 19 - circumstances. Any dispute in average weekly volume will be submitted to City officials for decision. II. Residential Recycling A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. - 7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: 1. 18 gallon plastic bin. 2. Additional bins may be obtained from Contractor by Producer. III. Commercial Container Collection A. Container Size Available: 2 cu. yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu. yd. B. Schedules Available: Up to three times weekly. C. Hours of Operation: 7:00 a.m. - Completion. D. New Service: A listing will be maintained in the yellow pages. Requests for new service will be filled within five working days. E. Extra Collections: If notified by 10:00 a.m. on service day, extra pick up will be performed that day. After 10:00 a.m., we will attempt to make the pick up that day. If unable, it will be made the following service day. There is a charge for extra pickups and refills. F. Blocked Containers: If access to a container is blocked, the driver will radio our dispatcher. A call will be placed to the location describing the obstruction. The driver will wait until the customer is contacted and the obstruction cleared. If not cleared, the driver will proceed on route. Customer may call in for an extra pickup, if desired, when access is clear. Customer will be charged for extra pickups. G. Overfilled Containers: Container will not be emptied if a safety hazard exists. Customer will be contacted to remove excess. An extra pickup will be re- _.. scheduled when excess refuse has been removed. Customer will be charged for extra pickups. - 2 0 - H. Container Maintenance: Containers that have been damaged will be exchanged or repaired within 5 working days of notification. If the damage is not due to our servicing or a defect in materials and workmanship, a fee will be charged to the customer. The amount will depend on the repairs needed. All containers will be exchanged at reasonable intervals to maintain a good appearance considering type of refuse generated, normal wear and weathering. If an unsightly condition develops due to fire, paint or other causes beyond our control, the container will be exchanged upon the request of the customer. A maximum of$50.00 for refurbishing will be charged. Containers at food service establishments shall be exchanged at least one time per year. I. Gates and Enclosures: Assistance will be requested for opening and closing gates at those locations which desire to place containers in enclosures. If customer does not assist, an additional charge of$5.00 per month per container times number of pickups per week will be added. J. Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. K. Casters: Casters are not available on our containers. L. Non-Payment: Customers will be notified in writing when 30 days past due. If unpaid after 45 days, customer will be notified in writing that service is being suspended until account is paid in full. A copy will be sent to the Finance Department and City Code Enforcement. If a customer is suspended twice, a deposit in the amount of one month's average billing will be required to re-establish service. This deposit will be refunded after one year of prompt payments by customer. IV. General A. Office Hours: 8:00 a.m. - 5:00 p.m. Monday-Friday. B. Holidays: New Years, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days may be omitted by Contractor, however, refuse collection service at residential units will be performed no less than once per week. - 21 - ANTI-SCAVENGING ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE TION , OCIITT I OF WYLIE, TEXAS, CHAPTER ,BY ADDING���W S FROM RESIDENTIAL AND G SCAVENGING OF RECYCLABLE MA COMMERCIAL AREAS WITHIN THE CORPORATE LIMITS. BE IT ORDAINED by the City Council of the City of Wylie, Texas, Chapter is hereby amended by addition of a new section, Section ,to read as follows: Section : Prohibiting the Scavenging of Recyclable Materials From Residential and Commercial Areas Within the Corporate City Limits. 1. No person or persons, other than the current resident of the property on which the items are placed, or an authorized carrier, shall remove, pickup, or transfer recyclable materials left at curbside in any residential subdivision, at curbside at any single family residence, or in a dumpster designated for recycling at a commercial or industrial place of business. Materials placed in either specifically marked recovery containers or any other type of container are to be picked up by a designated carrier for the purpose of removal of recyclable materials. Materials referred to, and to be left in specifically marked containers, will include recyclable materials included in the City's recycling program. 2. Each removal of an item or items from a residential subdivision residence location or a single family residence location or a commercial or industrial location shall constitute a separate violation of this ordinance. Unauthorized persons removing materials or bins other than those persons designated above shall be fined as follows: a. Upon first conviction of violation of this ordinance, the person shall be fined $50.00 for each such violation. b. Upon second conviction of violation of this ordinance, the person shall be fined $100.00 for each violation. c. Upon third and subsequent convictions of violation of this ordinance, the person shall be fined $250.00 for each such violation. - 22 - 3. All ordinances or resolution or parts thereof in conflict herewith are hereby repealed. DATED this day of , 2000. CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney - 23 - WYLIE CITY COUNCIL AGENDA ITEM NO. 3. August 8, 2000 ISSUE Consider and act upon the adoption of an ordinance establishing fees for the collection and disposal of solid waste and recyclable commodities. BACKGROUND Having granted a franchise to BFI for the collection and disposal of solid waste and recyclables and, having entered into an agreement based on a proposal of new and revised rates for such collection, it will be necessary for the Council to adopt a new rate schedule in the form of an ordinance. The following proposed ordinance reflects the new residential rates to be charged by the City and the revised commecial collection rates to be billed by BR, all of which were approved by Council in the award of the contract July 25, 2000. FINANCIAL CONSIDERATIONS N/A. OTHER CONSIDERATIONS N/A. STAFF RECOMMENDATION Staff recommends that Council adopt the proposed ordinance establishing fees for the collection and disposal of solid waste and recyclable commodities within the City of Wylie. ATTACHMENTS Proposed Ordinance. 0-)bn .1A6). ti °il .,;24$4101 Prepared by ed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING FEES FOR THE COLLECTION AND REMOVAL OF SOLID WASTE AND RECYCLABLE MATERIALS; AMENDING ORDINANCE NO. 98-16; AND FURTHER REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has renegotiated its contract for solid waste collection with its current contractor Browning- Ferris Industries (BFI ) ; and , WHEREAS, the new agreement with BFI provides for changes in rates for certain services , including an increase in rates for residential and commercial collection services ; and , WHEREAS, the City Council has determined that the rates the City is charging its residential customers for collection services and the rates that BFI is charging its commercial customers should be adjusted to reflect these increases ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows : SECTION I That Ordinance No . 98-16 be, and it hereby is , amended as follows : Section 9.01(a) The collection and removal of solid waste and recyclable materials in approved containers from residential premises once per week shall be made for a fee of 9 .86 per residential unit for each calendar month . Section 9.01(c) The rate for each unit of a single family detached or duplex (not master metered ) shall be $9.86 per month . Section 9.01(d) The rates for Duplex, Multi -family , Trailer BFIRATES.ORD 1 Park shall be $9.86 per unit per month . Section 9.02 Commercial polycart collection fees . (a ) Collection of one 90 gallon polycart twice per week shall be billed at the rate of $11 . 50. (b) Each additional polycart shall be billed at the rate of $4.03. Section 9.03 Commercial Dumpster Charges shall be as follows : 2 cu. yd. - 1X $ 42.56/mo. ; 2X $ 90.87/mo. ; 3X $120.78/mo. 3 cu. yd. -1X $ 58.66/mo. ; 2X $ 109.27/mo. ; 3X $169.09/mo. 4 cu. yd. - 1X $ 87.42/mo. ; 2X $139. 18/mo. ; 3X $196.69/mo. 6 cu. yd . -1X $ 102.37/mo. ; 2X $166.78/mo. ; 3X $247.30/mo. 8 cu. yd. - 1X $125.38/mo. ; 2X $215.09/mo. ; 3X $286.41/mo. Extra pickup rates shall be as follows : 2-4 cu . yd . - $32 . 21 each additional pickup . 6-8 cu . yd . - $36.81 each additional pickup. Section 9.04 Special Charges : Compactor Containers , disposal only- $287 . 56 per haul Roll -Off Containers , disposal only- $258.80 per haul Roll -Off Daily Rental - $7 . 19 per day Roll -Off Delivery/Exchange- $77.03 Front End Delivery/Exchange- $51 .35 Polycart Purchase/Replacement- $60.00 each Returned Check Charge- $20.00 Additional Residential Cart- $3.00 per month Past Due Service Charge- 1 . 5 per cent Tire collection/disposal - $5.00 each Section 9.05 Fees for Special Collection of Brush and Bulky Waste Items Special collection of brush and bulky items, in excess of 2 cubic yards per month , will be made available to BFIRATES.ORD 2 residents at the rate of $72 .00 per hour for time spent on collection , with a minimum charge of $15.00 per collection . SECTION II In the event of non payment of charges for the above services City shall have the right to deny further service to such non paying person or customer. 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 this Ordinance , shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor BFIRATES.ORD 3 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 8th day of August , 2000 . By John Mondy Mayor ATTEST: Barbara Salinas City Secretary BFIRATES.ORD 4 WYLIE CITY COUNCIL AGENDA ITEM NO. Li . August 8, 2000 Issue Consider and Act Upon Accepting the proposed Ad Valorem Tax Rate and Calculation of an Effective Tax Rate for Fiscal Year 2000-2001. Background In accordance with the"Truth in Taxation"laws of the State of Texas, notices must be published and a public hearing must be held if an entity's proposed tax rate exceeds 103 percent of the effective tax rate. Therefore,the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven(7) days prior to the first scheduled public hearing on August 29t. The purpose of the first public hearing is to give the taxpayers an opportunity to express their views on the increase. The Council may not adopt the tax rate at this hearing. Instead, at the end of the hearing, it must set and announce the date,time and place of the meeting at which it will note on the final proposed tax rate. The second public hearing on September 12th to vote on the tax rate must take place no less than three (3) days and no more than fourteen(14) days after the first public hearing. The official detailed effective tax rate calculation is available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. Financial Considerations The proposed budget is based on the proposed tax rate of$0.725 per$100 valuation. This is the rate previously discussed by the Council. Any change in the proposed rate will require revision of the proposed budget. Other Considerations The City is required by law to follow certain meeting and notice(publication) guidelines as shown on the attached calendar excerpt from the"Truth in Taxation"guide. Staff Recommendation It is recommended that the City Council approve the proposed tax rate and schedule the next required public hearing on the tax rate for August 29, 2000. Attachments Resolution Reporting Record Vote 2000 Planning Calendar from the"Truth in Taxation" guide 2000 Property Tax Rates in the City of Wylie and Effective Tax Rate Calculation re ed by Revie d by Financ City Ma e Approval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2000-2001; ACCEPTING THE CALCULATION OF AN EFFECTIVE TAX RATE; ESTABLISHING A DATE FOR PUBLIC HEARING ON THE PROPOSED PROPERTY TAX RATE; AND PROVIDING FOR THE PUBLICAITON AS PROVIDED BY THE TEXAS PROPERTY TAX CODE WHEREAS, the City of Wylie has received the calculated effective tax rate as presented by the Collin County Tax Assessor/Collector's Office; and WHEREAS, the proposed tax rate exceeds 103 percent of the effective tax rate and the Statute requires an additional public hearing in order to entitle the City Council to consider acceptance and adoption of an ordinance levying a proposed tax rate of$0.725 per$100 valuation; and WHEREAS, the Texas Property Tax Code Chapter 26, as heretofore amended, provides the specific procedures in which to consider the proposed tax rate; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Wylie,Texas, SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of $0.725 per$100 valuation as the proposed property tax rate for fiscal year 2000-2001. SECTION 2. The City Council of the City of Wylie, Texas, met in a public meeting on August 8, 2000, and accepted this resolution with a majority vote as follows: Mayor John Mondy YEA NAY ABSTAIN ABSENT Mayor Pro Tern Joel Scott YEA NAY ABSTAIN ABSENT Councilmember Reta Allen YEA NAY ABSTAIN ABSENT Councilmember Eric Hogue YEA NAY ABSTAIN ABSENT Councilmember Merrill Young YEA NAY ABSTAIN ABSENT Councilmember J.C.Worley YEA NAY ABSTAIN ABSENT Councilmember Chris Trout YEA NAY ABSTAIN ABSENT SECTION 3. A public hearing shall be held on August 29, 2000, at 7:00 p.m. in the City Council Chambers at the Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas, to receive public comment regarding the proposed tax rate. SECTION 4. The content and vote taken on this resolution shall be published in the official newspaper of the City as provided by the Texas Property Tax Code. DULY RESOLVED by the City Council of the City of Wylie, Texas, on this the 8th day of August,2000. John Mondy,Mayor Barbara Salinas,City Secretary 2000 Planning Calendar May Mailing of notices of appraised value by chief appraiser. May 15 Deadline for submitting appraisal records to ARB. July 20 Deadline for ARB to approve appraisal records. July 25 Deadline for chief appraiser to certify rolls to taxing units. July?? Certification of anticipated collection rate by collector. July 31 Calculation of effective and rollback tax rates. Aug 9 Publication of effective and rollback tax rates; statement of schedules; submission to governing body. Aug 4 72-hour notice for meeting (Open Meetings notice). Aug 8 Meeting of governing body to discuss tax rate: if proposed tax rate will exceed the rollback rate or 103 percent of the effective tax rate (whichever is lower), take record vote and schedule public hearing. Aug 16 "Notice of Public Hearing on Tax Increase"(1st quarter-page notice) published at least seven days before public hearing. Aug 25 72-hour notice for public hearing (Open Meetings notice). Aug 29 Public hearing: schedule and announce meeting to adopt tax rate 3-14 days from this date. Sept 6 "Notice of Vote on Tax Rate" (2nd quarter page-notice) published before meeting to adopt tax rate. Sept 8 72-hour notice for meeting at which governing body will adopt tax rate. Sept 12 Meeting to adopt tax rate. Meeting is 3-14 days before public hearing. Taxing unit must adopt tax rate by September 30, or within 60 days of receiving certified appraisal roll. 08/03/2000 08:43 FAX 9725475017 COLLIN CO TAX LL 1 09 2000 Property Tax Rates In City of Wylie This notice concerns 2000 property tax rates for City of Wylie. It presents information about three tax rates. Laic year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both yeas. This years rollback tax rate is the highest tax me the taxing unit can set before taxpayer can start tax rollback procedures. In each cue these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property)with adjustments as required by nate law. The rates are given per S 100 of property value. Last year's tax rate: List year's operating taxes S2,727,859 Last years debt taxes 51.064.506 Last year's total taxer S3,792,365 Last year's tax base S541.766.429 Lest year's total tax rate 0.700000/S 100 This year's effective tax rate: Last year's adjusted taxes 53,785,929 (after subtracting taxes on lost property) I This year's adjusted tax base S564,133,090 (after subtracting value of new property) = This year's effective tax rate 0.671105/S 100 This year's rollback tax rate: Last year's adjusted operating taxes 52,723,489 (after subtracting taxes on lost property and adjusting for transferred function) / This year's adjusted tax base 5564,133.090 = This year's effective operating rate 0.482774 5100 a 1.08=this year's maximum operating rate 0.521395/5100 + This years debt rate 0.204125/5100 = This year's rollback ntc 0.725520/5100 '08/03/2000 08:43 FAX 9725475017 COLLIN CO TAX LL Ij 10 Statement of Increase/Decrease If City of Wylie adopts a 2000 tax rate equal to the effective tax tate of S0.671105 per S 100 of value,taxes would increase compared to 1999 taxes by$395,774. Schedule A Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balance+are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance Maintenance&Operation S1,120,490 Interest&Sinking 5212,750 Schedule B 2000 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid horn property tax revenues(or additional sales tax revenues,if applicable). Principal or Interest to be Contract Payment Paid from Other Description to be Paid from Property Amounts Total of Debt Property Taxes Taxes to he Paid Payment Tax S208,230 S89,964 S350 5298,544 RefundingBon ds Series 1993 G O Bond 555,808 S72,627 S350 S128,785 Series 1995 Certificates of S50,000 S76,110 S350 5126,460 Obligation Series 1997 Tax Notes 5145,000 S30,709 S350 S176.059 Series1998 G O Bond S95,000 S 169.344 S350 S264,694 Series 1999 G O Bond S55,000 5113,419 S350 S168.769 Series 2000 Public Prop 530.000 S8,635 5350 S38,985 Finang Coot Ob Series 1995 Puhliic Prop S55,000 S16,235 S350 S71.585 Finang Coot Ob Series 1999 Total required for 2000 debt service S1,273,881 - Amount(if uny)puid hem funds listed in Schedule A SO - Amount(if any)paid from other resources SO • Excess colloctions last year SO = Total to be paid from taxes in 2000 S1,273,8111 + Amount added in anticipation that the unit will collect only 100.00%of its taxes in 2000 S0 — Total debt levy 51,273,881 This notice contains a summary of actual effective and rollback tax rats' calculations. You can inspect a copy of the tall calculations at 1800 N.Graves McKinney,TX 75070. Name of person preparing this notice:Kenneth L Maur Title:Tax Assessor Collector Date prepared:July 25,2000 AGENDA COMMUNICATION Date received by REQUEST FORM City Secretary: Submission for the council meeting of August 81 2000. CONSENT/ACTION ITEM ORIGINATING DEPARTMENT: Finance. Circle one Agenda Communication Submitted by:( on l l dv. Financial Considerations Prepared by: Financial Considerations Reviewed by: on e/ / / GV ALL AGENDA COMMUNICATION REQUESTS MUST BE RECEIVED BY THE CITY SECRETARY'S OFFICE IN ACCORDANCE WITH THE SUBMITTAL DEADLINE SCHEDULE. Agenda Communication Request Forms must include the signature of the Finance Director prior to delivery to the City Secretary. After review, the City Secretary will forward to the City Manager. ISSUE: Consider and act upon accepting the proposed ad valorem tax rate and calculation of an effective tax rate for the fiscal year 2000-2001. ATTACHMENTS: Resolution 2000 Planning Calendar from the "Truth in Taxation"guide 2000 Property Tax Rates in the City of Wylie and Effective Tax Rate Calculation COMMENTS: WYLIE CITY COUNCIL AGENDA ITEM NO. 5. August 8, 2000 Issue: Hold a public hearing to consider and act upon approval of a Replat for Twin Lakes Addition, generally located along the east side of S. Ballard Avenue, south of Alanis Drive, and being all of Lot 20 of Block D, of a certain 1.663 acres out of the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Background: The replat under consideration is for Lot 20 of Block D, of the approved Twin Lakes, Phase 1 subdivision. The applicant is replatting 1.663 acres of land in order provide an access easement to a tract of land to the southeast which was dedicated to the City as park land (as part of the original Final Plat for Phase 1), and develop the property with single family residential uses. The property is currently vacant, platted, and zoned for SF-1 (Single Family Residential)uses. Financial Considerations: Rezoning application fee in the amount of$127.00—Paid The applicant is aware that Water and Sewer Impact Fees in the amount of$2,112.00 must be paid prior to filing the plat with Collin County. Other Considerations: • Staff has reviewed the proposed replat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. • Due to the fact that the proposal under consideration is a replat of an existing subdivision zoned for residential uses, state law mandates that the City notify property owners within 200' in the original subdivision and hold a public hearing prior to taking action. Public Comment Forms were mailed to seven (7) property owners as required by state law. No Public Comment Forms have been returned. • The original Twin Lakes,Phase 1 Final Plat contains a note stating"Lot 20,Block D, shall be reserved for temporary park access until future development provides permanent park access, at that time lot will be released for sale and building purposes". The owner has a potential buyer for Lot 20,Block D,who wishes to build on this lot, and in order to uphold the intent of the Final Plat, is creating an access easement to this tract, rather than wait until a future phase is developed which provides permanent access. If and when the future phase is developed,this access easement can be removed from Lot 20,Block D. • Due to the fact this was originally platted in 1989,Impact Fees were collected at the time of permitting. Since the owner is replatting this lot, current Impact Fees apply. The applicant is aware that all Impact Fees must be paid prior to a request for the final plat to be filed with Collin County. The Impact Fee for new residential construction is$700 for water and $1,412 for sewer or a total of$2,112 per dwelling unit or lot. Board/Commission Recommendations: At the July 18,2000 Planning and Zoning Commission meeting,the P&Z recommended approval of this replat. Staff Recommendations: Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Location Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Final Plat Application Final Plat Prepared evi ed by Finance City Manag j p>Koval I I , Atts:411111 , a 111-d• . a < a ' I ' ..I- i ._............... ! • :II II * —1111 1 lailb ou 1 4allard Avenule 1 112111111. . South Liallard Avenue I ! 1 ! ! ! 4r RI ! I i ! 1 ! ! 1 i' i •-4 1 ! i i • ! e.-- -..-.----.c ra a* ! 1 1 \ ' \ •P`No i— i. i ! 1 • ... I Milli - • ,- Court\ ) I I L 1--- --FITT7—..-- ' I .%. 1 I 11111 \ i — ni ri n rya I / '• ! .. i i • ! i 1 I I) 1 I I fy-- i i • i , a , 0 , •0 i i i 1 1W6 4 1 ii 1 - 1 1 1 1 1 J i 1,..---K, ../ - V„.) din..1 -• I c . ... i i 0 i 1 .,. 1 i 1 z : A 3 - 1 i 1 /E 1 ! i i 1 ! i -,... > , "r1 i 1 . . .... . i i II i i - -. /-11111 ',:i Il o 11111°.1 nve 1 . ! 1 i i i i . 1 i i Ll 910 0 r i I M r'M i j . .... ! .,I i i i 1 i i 1 I i i .., - -I ETil i 1 .-• ! v . Fi - .. _e_.; ..... U $ '' .... 1 .. U) $ M. Bosley •. • N N R-2462-00D- �, d 0190-1 • .. n 1 -;:-..:::'',.,IN.—ti 6."..,-:::". ',i'.-,..-. Eft c z.45,17 O'�`� , .,i 1��T,:, -, .`sue, 1 ,11„0ry �� 1 ti. B.Perez �.,_ is`�A'e A o 2)390';1 19:69:,, 1911.._ 1 •-2462-0OD- ►� s . . _ . . _ . . — . . — . . _ . . — . . _ . . . . — . _ . - �~ \ I . I I :I rill.11111 PROPERTY OWNER NOTIFICATION MAP NOTIFICATION REPORT . APPLICANT: DR Horton Texas Ltd. APPLICATION FILE Replat Twin Lakes, Lot 20, BIk D 310 1-30, Ste 280 Garland Tx 75043 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Twin Lakes Ph. I 219 Martin Drive 1 D 18 R-2462-00D-0180-1 Alva Anderson Wylie, Texas 75098 Twin Lakes Ph. I 221 Martin Drive 2 D 19 R-2462-00D-0190-1 Marvin Bosley Wylie, Texas 75098 Twin Lakes Ph. I Applicant 310 1-30, Suite 280 3 D 20 R-2462-00D-0200-1 DR Horton Texas Ltd. Garland, Texas 75043 Twin Lakes Ph. I 224 Martin Drive 4 D 21 R-2462-00D-0210-1 Brad Perez Wylie, Texas 75098 Twin Lakes Ph. I 222 Martin Drive 5 D 22 R-2462-00D-02280-1 John Geasa Wylie, Texas 75098 Twin Lakes Ph. I 220 Martin Drive 6 D 23 R-2462-00D-0230-1 Daniel True Wylie, Texas 75098 Twin Lakes Ph. I 218 Martin Drive 7 D, 24 R-2462-00D-0240-1 Jeffrey Speicher Wylie, Texas 75098 1 8 9 10 11 . 12 13 14 15 16 17 • PUBIC NOTICE FOR Replat of Twin Lakes Phase I PUBLIC NOTICE BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF WYLIE, TEXAS AND THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO CONDIDER RESUBDIVISION OR • REPLATTING OF RECORDED SUBDIVISION WITHIN THE CITY LIMITS OF WYLIE, COLLIN COUNTY, TEXAS. • Notice is hereby given that the following public hearings to consider resubdivision or replatting of a recorded subdivision as hereinafter described will be held in the City Council Chambers of the Municipal Complex, 2000 Highway 78 North, Wylie, Texas: Planning & Zoning Commission: 7:00 PM, July 18, 2000 City Council: 7:00 PM,August 8, 2000 1 This property is generally located along the east side of Ballard Avenue and south of Alanis Drive, and being all of Lot 20, Block D of Twin Lakes Phase I subdivision. Section (3), Subsection C): If the proposed is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of all members of the municipal planning commission or governing body, or both. For a legal protest, written • instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public hearing. All citizens or interested parties desiring to be heard concerning this replat may speak. The application and documents are on file for public examination in the Development Services Department, 2000 Highway 78 North, Wylie, Texas. 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. Lisa Price Planning Assistant . t._ _ Our Mission.. ...to be responsible stewards of the public trust. to strive for excellence in public ser ice.and - —, to enhance the quality of life for all. dN of wytit Application For ❑Preliminary Plat ❑ Final Plat Q'Replat ❑Vacation of Existing Addition All rules and regulations established by the Subdivision Ordinance,City of Wylie,Texas,and Texas Local Government Code,Title 7,Chapter 212,Subchapter A. Engineer/ Phone: Qfl., 39L I2.CO Surveyor: C,GYbv,n ErS;ne.e.Y-;nth Fax: 70 :0 L y 98? Address: 900 W CjQIMJrJ( 1 ui+e. r City: P\11A State: �� Zip: 75G 1 3 Owner: 'on TC,,kQS 1 OA_ Phone: 6111. 4 L 433-1 Address: . 3t(3 .E a o-- T-"2)6 S\.e, a-g O Fax: C 7.,. 3;6 4141-te City: C-)COrkctY\r) State: —R. Zip: 1 41 5 Other: - Phone: — Address: - Fax: City: — _State: - Zip: Locaition of Property(Address if Applicable) 0.)L., 1 RR r t t-J D(- i.J °'_ Proposed Subdivision Name: --(W i rt L.41<e...S , j r)Q 'V--, Survey Name: c1Ie.(I, 'CY\9tv-r-1 q)ury e.A.i Abstract No.: a 3 Acreage Existing Zoning: 5 11-•,-4t- t'�te ` Pending Zoning: S%r\S i z alm...1 *Please provide a building improvement survey,if the property has existing improvements. Is this a replat of an existing recorded subdivision? Yes No If yes,give name and date when the original subdivision was filed for record at Dallas County Deed Records: Subdivision Name: ) w ,y j L_L-A•e s ) Ph 1 Date Filed: 4- Z.(0 — 'of* Volume: G Page: CC,i Number of lots within original subdivision: 117 Proposed lots: /C If applicable,complete OExhibit AO as evidence that all owners of property within the subdivision join in this application to vacate. NJ ft- Was this subdivision restricted by zoning or deed restrictionto single family or two family residential dwelling use within the last five(5)years? Yes No I am authorized to make application for a subdivision on behalf of the owner of this property �J gidk- Agent i ({/' The above person is my representative,authorized to make application for a subdivision 5n y beh If and I a the o er oft e property for which this application is made. I6, , Owner ____ For Off ce Use Only:-..-.._Deie Fikd:__.a /.9Q f O..___.._.__ Rooeipt No: d J/ ' , Amom1S 1 # Pmd n Zaiiii Case if livable)` _ J" 3 A:\worddocs`plaorting`appl icition`platap.doc City of Wylie, Development Services Department 2000 Highway 78 North+ Wylie,Texas 75098+ 972-442-8150+ Fax 972-442-8154 "EXHIBIT A" Legal Description of Area Proposed for Subdivison. Lo+ (9O) Ply ck D iw„s, cnkesi Phase.... I • 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 ful esponsible for the legal description given above. Date: 4 Z1 JOO Signature of Applicant: Page 2 of 2 _ - MEMORANDUM OF =_==- - _ EXPEDITED APPROVAL ektfiff Wylie KNOW ALL BY THESE PRESENTS: Whereas,I the applicant or owner of the plat known otherwise as (plat name) Lk' Rlockl)I,v Labs hereby declare my intent to seek approval of this plat as soon as possible and acknowledge that the City can and must deny this plat if it fails to comply with city Ordinances and that such denial would, of necessity, delay the desired approval. Therefore, I hereby waive the time periods of Chapter 212, Texas Local Government Code, in order that I can have a chance to work with City Staff to seek an approval with the least number of delays. Executed this 2� day of «.kk , A.D., 2oo�a• rttik it (Applicant) By: D R ^T2x0.S• Print Name: .1-)av;( L . vo Title: BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day . personally appeared ;ci L. R,}{,. , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said L Tar tv-s1,;,T , and that he executed the same as the act of such Lh� 1ara.4J GRS'{\P , for the purposed and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 21 day of ih , 2.coo. r NOTARY PUBLIC IN A D FOR COLLIN,COUNTY,TEXAS PAUL W. MORGAN My commission expires , Notary Pub'i State cf 7zx_3 EApira, A:\ _T e 11 04-2000 ord _I in�a j w �s_ City of Wylie,Development Services Department 2000 Highway 78 North♦Wylie,Texas 75098♦972-442-8150+Fax 972-442-8I54+w w.ci.wylie.tx.us WYLIE CITY COUNCIL AGENDA ITEM NO. Co . August 8, 2000 Issue Consider and act upon authorizing the City Manager to enter into professional services agreements for the revision of the Subdivision Regulations and associated Design Standards in an amount not to exceed $25,000. Background The current Subdivision Regulations and design standards were adopted in 1993. In concurrence with the re-write of the Zoning Ordinance, the Subdivision Regulations and the design standards should be reviewed and updated. The design standards include the Drainage Manual, the Water and Sewer Design Manual, and the Pavement Standards. There are currently inconsistencies in the regulations, as well as minimum standards which need to be reviewed to ensure that the tools are in place in order to facilitate appropriate development. Financial Consideration There is sufficient budgetary funding in the General and Utility Funds for these projects and a budget amendment will not be necessary. The Subdivision Regulations revisions will be paid out of Development Services in the General Fund and design standards will be paid out of Combined Services in the Utility Fund. Other Considerations State law permits municipalities to solicit requests for proposals and enter into agreements for certain professional services without observing the standard bidding procedures. Board/Commission Recommendations N/A Staff Recommendations N/A Attachments N/A 6,111/"Pla/hilh., Ili Prepared by Revie 1177 by Finance City M e pproval NOTICE OF CALLED MEETING WYLIE CITY COUNCIL AGENDA Friday, August 4, 2000 9:00 a.m. Wylie Methodist Church 109 W. Jefferson Wylie,Texas 75098 Action Taken In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551.072 Real Estate (200 Block of North Jackson Street) to deliberate the purchase, exchange,lease or value of real property. Take any action as a result of Executive Session. hi 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 1st day of August,2000 at 9:00 a.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. - i . G y Secr G' 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. �TiNG GElDA A. � ENC1L �' on en i1� - 1,00 Psi,- Ac" Tak �.�i pgt ll C° �il CXbers � A g ,ex cipal Com$rlocth r..— wa e Higt' t ca 7 Texas x ue, T e ..r .max:• i . exK.. itiett' • ::•.:;.;•:.:.,............. •• :tip....• . ito • • • • .... .;:';'": e :::..::' • ;::::::::::.:;:•.:::::. : .;:.::::.:.: Zoo • an <t :...::... ld 1u y '. ` `:::::. • gam :_>;;>< :.::::> ->.: .:::::::.... e = t::..:. ::: :.......::.:: itra��:.::... k Session h `' ::;:•:et:01 1 ; e' the W • ute Mm 00. =��sc... the 2p of S al 2 , A Approval. Meeting of July , .. Rego ,.:::.,::; ;��` �� ;`>:: � -� ,n introductory' • �:: •. '•.:<::. Direct Alarm Mpp�ton g ` ' ation of a ;::; : ;: :;;:::::.::;;:::::r and act upon authorization se for the 1 Consider ting a{rancbt offer. ordinance gran odities. Consider and act up on the adoption of a° clable Comm 2• osal of solid waste and rec ce establishing fees for the collection and lisp on the adoption of an ordinance •s osal of solid waste recyclable commodities. 3 Consider and act up Tag gate and collection and disposal Consider and act upon accepting the proposed Ad Valorem 4• ion of an EffeCtive Tax Rate for Fiscal Year 2000-200 . Calculat of a replat of Twin to consider and act upon approval Hold a public Hearing to located along the East side of South Ballard 63 acres 5. t 20 Block D,o Collin Lakes Addition, generally all of Lot City of Wylie,South of the All Drive and ry Survey, Abstract No. 23, out of Allen Atterberry County,Texas. professional the City Manager to enter into a p 6• Consider and act upon authorizing lations and services agreements for the an amo amount notto exceed$25,000.ubdivision egu associated Design Standards in tin _ Te gas Code Annotated (Open g Jackson Street) to deliberate the purchase, -In accordance with Chapter 551, Government Code, Vernon In I !: Act), � a1 p opera+oannounced h anC X e accord„„ Take any action as a result of the Executive Session. ce NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, August 8, 2000 - 7:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Action Taken cototomAorsiummunismuseimoniiingimmonsomegamenamigni Atttik t;:..;.>:.: ;4..:t f r 1:. .., eOsacted ......: .... ...tea::are:s �::t4►.1�:*oic_: y:: ?�*Y::�v�awa�.: 1>�:`:>,,,,,,::.,:-::::-tip:mice ez�sent !nd .:and l:he deted:sei knkety. A. Approval of the Minutes from the Work Session held July 18, 2000 and the Regular Meeting of July 25, 2000. 1. Consider and act upon authorization of a Direct Alarm Monitoring introductory offer. 2. Consider and act upon the adoption of an ordinance granting a franchise for the collection and disposal of solid waste and recyclable commodities. 3. Consider and act upon the adoption of an ordinance establishing fees for the collection and disposal of solid waste recyclable commodities. 4. Consider and act upon accepting the proposed Ad Valorem Tax Rate and Calculation of an Effective Tax Rate for Fiscal Year 2000-2001. 5. Hold a Public Hearing to consider and act upon approval of a replat of Twin Lakes Addition, generally located along the East side of South Ballard Avenue, South of Alanis Drive and being all of Lot 20 Block D, of a certain 1.663 acres out of the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County,Texas. 6. Consider and act upon authorizing the City Manager to enter into a professional services agreements for the revision of the Subdivision Regulations and associated Design Standards in an amount not to exceed S25,000. In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Act), Section 551.072 Real Estate (200 Block of North Jackson Street) to deliberate the purchase, exchange,lease or value of real property. Take any action as a result of the 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 4th day of August, 2000 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. City 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 MINUTES Wylie City Council Budget Work Session Tuesday, July 18, 2000 Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North Council Present: Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout. Councilman Eric Hogue was absent. Staff Present: Anthony Johnson, City Manager; Brady Snellgrove, Finance Director; Police Chief Jeff Butters; Mike Sferra, Development Services/Public Works Director; Mignon Morse, Library Director; Robert Diaz, Community Center Coordinator;Bill Nelson,Parks Superintendent and Barbara Salinas, City Secretary. W(ltl Slt FY2000-2001 Budget City Manager, Anthony Johnson began the Work Session with an explanation of the FY2000-2001 presentation process. Mr. Johnson stated that the Budget would be presented as both Departmental and City Manager recommendations with no individual department presentations. Mr. Johnson stated that, based on the direction he received from Council, the wage plan funding was the priority for the FY2000-2001 Budget. He stated that the outcome of the study conducted by Mr. Chris Hartung's would allow Council to determine the percentage for the City of Wylie employees in order to keep within the market. Mr. Johnson stated that it is desirable to conduct an analysis of wages each year to keep wages within the market at a determined percentile in order to retain employees. Mr. Johnson further explained that in order to fund the wage plan,Directors based their budget on the same service level as provided in the FY99-2000 Budget. He stated that he conducted Budget meetings with all Directors and that all were in agreement with the FY2000-20001 Budget as presented. Mr. Snellgrove provided Council with an overview of the General Fund Income Statement, with detailed explanation of the Water/Sewer Services transfer justified by use of the standard formal approved by the GOFA. Mr. Snellgrove pointed out the increase in revenues from Municipal Court citing a 50%increase from last year; a 3% increase in sales tax from last year and the decrease from TXU Electric, by approximately $10,000. Mr. Snellgrove stated that our reserve increased from 12%to 15.5%or equal to 56 days of operation and that it is our goal to be at 70 days of operation or 20%as this is looked at closely by Bond raters. Mr. Snellgrove provided Council with an overview of the Utility Fund stating that we have 186 days of working capital and this was positive as we move forward with the construction of the Wastewater Treatment Plant. There was some discussion and concern regarding the funding of expenditures, specifically additional growth, city services, employees to maintain new park areas and the funding amount for bond projects verses the wage plan. Mr. Snellgrove and Mr. Johnson both provided information with regard to the Staffing Summary. There was some discussion with regard to the additional positions such as the park laborers to keep up with the demands for service due to additional parkland and the Lieutenant's position for Station 2 who will act as the coordinator for EMS Services. Also discussed briefly were the new positions; an employee specialized in grant writing for all departments and a Crew Leader for Utility Meter Reading. Minutes of July 18,2000 Wylie City Council Page 1 Mr. Snellgrove stated that we should have the Property Tax Distribution calculations within another week and this could be up or down. Mr. Snellgrove explained in more detail the breakdown of calculations for the water and sewer transfer. Discussion continued with regard to the identification of specific bond projects and bond amount versus funding for the Employee Wage Plan. Mr. Sferra, Development Services/Public Works Director, was asked to list some of the streets completed within this budget year and there was some discussion regarding recommendations for the street overlay program. Council inquired as to the direct alarm monitoring revenues. Chief Butters stated that 40-50 packets were mailed out to existing permit holders and to homebuilders,but that the program is too new to have a history. Mr. Snellgrove addressed the time line for the FY2000-2001 Budget by stating that he hoped to have the final budget by August 5, 2000. Mr. Johnson asked if Council had any questions or comments on the budget as presented. Councilman Scott asked that staff look at a progressive increase in the Street Improvement funds, increasing the appropriated$200,000. Councilwoman Allen expressed her concerns regarding the lack of funding for additional police officers. She expressed concerns regarding response time and safety issues. Chief Butters stated that at the present time,the Wylie Police department has staffing to provide a good response time. He stated that the national average response time is seven (7)minutes and our response time is five (5) minutes. Councilwoman Allen also agreed with Councilman Scott to increase the Street Improvement fund annually. With no further comments,the Mayor stated that he would direct the City Manager on the necessity of future work sessions on the FY2000-2001 Budget. With no further discussion,the Work Session was adjourned. John Mondy, Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of July 18,2000 Wylie City Council Page 2 MINUTES Wylie City Council Tuesday, July 25, 2000 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director and Barbara Salinas, City Secretary. Councilman Hogue was asked to give the Invocation and Councilman Trout was asked to lead the Pledge of Allegiance. Mr. Sam Satterwhite,Representing the Wylie Chamber of Commerce. Mr. Satterwhite expressed his appreciation to the Council and staff who assisted with the Ranch Rodeo. He also presented a copy of the new Chamber Directory that was recently distributed to all households in Wylie. O+1 I I. .z i t : : .. All->mat .itt***u 104. .000.(, 4rAggp> a d. a 6c c y the it.- a a: .; 0l: e �> �o�t.:.;;:.Takear.�:�i�:> �; :�... :a� ::xs � >is Giese:; � ;:.; ��0>;:.;:.;;;;:;.;;::�s�e��.....:..:.....:_.. eft€:>�.»�a:�.:m�_.........:: ::.::::::::::::::::::::::::::: " .......P. :"". . A. Approval of the Minutes from the Regular Meeting of July 11, 2000 and the April 24, 2000 Joint Meetings with the Wylie Independent School District Board of Trustees and Library Advisory Board; Special Called Meeting of May 11, 2000 and the June 6 Canvass of Election Returns. Councilman Hogue made a motion to the Minutes from the Regular Meeting of July 11, 2000 and the April 24, 2000 Joint Meetings with the Wylie Independent School District Board of Trustees and Library Advisory Board; Special Called Meeting of May 11, 2000 and the June 6 Canvass of Election Returns. Councilwoman Allen seconded the motion. . A vote was taken and the motion was approved, 7-0. 1. Hold a Public Hearing to consider and act upon a request from Allen Funeral Home for approval of a zone change from SF-3 (Single Family) to B-1 (Business), generally located south of Masters Avenue and Fifth Street and being all of a certain 0.627 acre tract out of the Francisco de la Pina Survey, Abstract No. 688 and also being all of Lots 16 & 17, Block 28 of the Railroad Addition, City of Wylie, Collin County, Texas. (Item Tabled at the 7/11/00 Regular Meeting) Councilwoman Allen abstained from any discussion and vote on Item No. 4 and completed the proper affidavit for Conflict of Interest. Minutes of July 25,2000 Wylie City Council Page 1 Councilman Scott made a motion to remove Item 1 from the table. The Mayor then opened the public hearing asking that anyone wishing to speak either in favor or opposition of the zone change to please come forward, stating their name and address for the record and limiting their comments to three (3) minutes. With no response, the Mayor then closed the Public Hearing. Councilman Scott made a motion to approve Ordinance No.2000-10 amending the zoning ordinance to include a zone change from SF-3 (Single Family) to B-1 (Business), generally located south of Masters Avenue and Fifth Street and being all of a certain 0.627 acre tract out of the Francisco de la Pina Survey, Abstract No. 688 and also being all of Lots 16 & 17, Block 28 of the Railroad Addition, City of Wylie, Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0. Councilwoman Allen abstained. 2. Hold a public hearing and consider and act upon the adoption of an Ordinance establishing new residential zoning district regulations. The Mayor opened the public hearing asking that anyone wishing to speak either in favor or opposition of the zone change to please come forward, stating their name and address for the record and limiting their comments to three (3)minutes. With no response,the Mayor then closed the Public Hearing. Councilman Worley made a motion to move into Work Session on Item No. 2 before Council consideration and action. Councilman Young seconded the motion. A vote was taken and the motion was approved, 7-0. 3. Consider and act upon award of a contract for construction of an asphalt walking path and sidewalks at Community Park. Councilman Young asked if this contractor was the original contractor who completed the initial concrete work. Ms. Manson stated that this was not the original contractor. Councilman Young made a motion to award the contract to Tri-Con Services, Inc for the construction of an asphalt walking path and sidewalks at Community Park. Councilman Worley seconded the motion. . A vote was taken and the motion was approved, 7-0. 4. Consider and act upon the proposed extension of a contract with Browning-Ferris, Inc., for collection and disposal of solid waste and recyclable commodities. Mr. Johnson stated that they were presenting the extension of the contract with Browning-Ferris, Inc., for collection and disposal of solid waste and recyclables after the July 11 Work Session that resulted in additional services (brush/bulk pick up) that the citizens have requested. Mr. Johnson explained that the additional once a month pick up services will result in a .22 increase. He also added that over the next four years, BFI does have the option to increase rates based on the Consumer Price Index (2.7% this year) with a cap of 5%. Staff is recommending extension of the contract with BFI. There was some discussion with regard to the 6' X 6' X 3' restrictions for bulk pick up. Mr. Don Smith, Operations Manager, came forward to address Council's concerns. Mr. Smith stated that their concerns are not so much the area,but the weight and that they will be flexible with items. Mr. Smith stated that this is not a common problem,however,if it becomes the demand becomes excessive they will work with staff on a solution. Mr. Smith stated that there are typically 2-3 men per truck for brush/bulk pick up. The Mayor instructed staff to use resources such as water bill notations and the citizens newsletter to inform the public of the new changes. Mr. Johnson stated that the changes will go into effect in September with billing in October. Councilman Worley made a motion to approve the extension of a contract with Browning-Ferris, Inc., for collection and disposal of solid waste and recyclable commodities. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,7-0. Minutes of July 25,2000 Wylie City Council Page 2 The Mayor then adjourned into Work Session for discussion on Item No. 2 Establishment of New Residential Zoning District Regulations. Mr. Ray Stanland and associate, Ms. Janet Tharpe were both present to provide details on the changes to the Residential Zoning District Regulations. Mr. Stanlan stated that the intent of the recommended changes was to set the standards for future development. After considerable discussion Council recommended the following amendments to the Residential Zoning District as presented by Mr. Stanland: • With regard to the Proposed Residential Districts Minimum Dwelling Size: Recommended Amendments Agriculture 2,800 sq ft same SF-1A 2,800 sq ft 2,600 sq ft SF-30 2,600 sq ft 2,400 sq ft SF-20 2,500 sq ft 2,100 sq ft SF-10 2,200 sq ft 1,900 sq ft SF-8.5 2,000 sq ft 1,700 sq ft TH 1,500 sq ft same • Clean up charts to reflect notation from"2 acres"to"1 acre" • Take Kennel out of one acre districts(listed in two places—inside&outside Kennels) • Change shingles by weight to require heavy weight shingles in the base standards. With no further discussion,the Mayor then reconvened into Regular Session. :.::::::::.::x::::::::::.:':.::.y{:y/.::::{y.;�.':y;:�}':::Y�_(:-;�l:;:y■:;:�;..�.::?'(.::.:;:+::::`�::,ry:::'::_:y.}y.'y::��:+:}:[:+yy:y;:':::::::.:.::::;.'::,•::}::•:[.y/',:{}::)y.:�y. Council had moved to hold Item 2 for consideration and action until after the work session. 2. Hold a public hearing and consider and act upon the adoption of an Ordinance establishing new residential zoning district regulations The Public Hearing was held earlier in Regular Session, with no response. Councilman Worley then made a motion to approve the adoption of Ordinance No. 2000-11 establishing new residential zoning district regulations with the amendments as a result of the Work Session. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 7-0. The Mayor then adjourned into Work Session. O SE OT 15 FY2000-20001 Budget Mr. Brady Snellgrove, Finance Director, made a brief presentation to Council with regard to the FY2000-2001 Budget. Mr. Snellgrove stated that the Property District Calculations were in showing a 15% increase. Mr. Snellgrove explained how Truth in Taxation would effect this increase and the need to issue additional debt. Minutes of July 25,2000 Wylie City Council Page 3 Mr. Snellgrove detailed an overhead display of the General Fund Statement of Revenue and Expenditures; General Obligation Debt Services Fund and specifically the Community Park Special Revenue Fund. Mr. Snellgrove stated that staff is recommending to eliminate this fund as the revenue received from the user fees does not cover expenses, and with the addition of Founders Park, the same situation of escalating costs will be created and the deficit will continue to grow. Mr. Snellgrove stated that there will be no noticeable difference, only the elimination of the fund. With no further discussion or comments on the FY2000-2001 Budget, the Mayor then adjourned into Executive Session in accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551.072 Real Estate (200 Block of North Jackson Street)to deliberate the purchase, exchange, lease or value of real property. There was no action taken as a result of the Executive Session. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of July 25,2000 Wylie City Council Page 4 WYLIE CITY COUNCIL AGENDA ITEM NO. 1. August 8,2000 Issue Consider and act upon authorization of a Direct Alarm Monitoring introductory offer. Background In July the City of Wylie began offering alarm monitoring to Wylie citizens. The Police Department has mailed out 40-50 packets to citizens interested in taking advantage of our alarm monitoring service. Only a very small percentage have followed through and elected to use Wylie Direct Alarm monitoring service. The Police Department began calling back people who were sent packets but had not called back to get hooked up to our monitoring system. Some of the people contacted reported that they are waiting for their current monitoring contracts to expire,but many more are stating that they have been deterred by the initial set-up cost($87- $150). Giving people the first four months of alarm monitoring free will help defray the initial costs, and may allow us to sign up more alarm monitoring customers. Financial Considerations Offering the first four months of alarm monitoring free will cost the City some revenue in the short term, but may allow us to sign up more people to the service, and generate more revenue in the long run. Other Considerations The City of Woodway offers first six months of alarm monitoring free for the same reason that we are considering it. The City of University Park also offered the first 3 months free for a period of time until they got there customer base high enough to support the cost of the service. Staff also recommends extending the introductory offer to existing customers(three as off 08-01-00), so that we don't alienate them. Board/Commission Recommendations N/A Staff Recommendations Staff recommends offering the first four months of Wylie Direct Alarm monitoring for free, until such time as there are enough customers online to support the cost of the service. Attachments None p red y evi ed by Finance City Manag p oval WYLIE CITY COUNCIL AGENDA ITEM NO. a • August 8, 2000 ISSUE Consider and act upon the adoption of an ordinance granting a franchise for the collection and disposal of solid waste and recyclable commodities. BACKGROUND On July 25, 2000, the City Council approved new contract provisions and rate schedules for the collection of solid waste and extended the contract with BFI for an additional five year term. The revised contract provides an enhanced level of service by the addition of a regularly scheduled brush and bulky waste collection. The contract also provides for rate adjustments in accordance with increases in the Consumer Price Index(CPI). The new rate schedule reflects a CPI increase of 2.7 per cent. The award of this contract extension will necessitate the adoption of an ordinance granting a new franchise to BFI for the collection of solid waste and recyclables within the City of Wylie. The proposed ordinance, a copy of which is attached, gives effect to and fully incorporates the terms and conditions of the contract. FINANCIAL CONSIDERATIONS N/A. OTHER CONSIDERATIONS N/A. STAFF RECOMMENDATION Staff recommends that Council adopt the proposed ordinance granting a franchise BFI for the collection and disposal of solid waste and recyclable commodities within the City of Wylie. ATTACHMENTS Proposed Ordinance, Copy of Contract. - a‘afal-e4d429,4420s.) gh 00 Prepared by Re ewed by finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, GRANTING A FRANCHISE FOR THE COLLECTION , REMOVAL AND DISPOSAL OF SOLID WASTE AND RECYCLABLE COMMODITIES WITHIN THE CITY OF WYLIE TO BROWNING-FERRIS INDUSTRIES; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS , the City has recently negotiated a contract (Agreement) with Browning- Ferris Industries ( BFI ) for the collection of solid waste and recyclable commodities within the City on terms and conditions deemed to be favorable to , and in the best interest of , the City ; and , WHEREAS, the City Council desires to implement and give effect to the Agreement by providing for the execution and adoption thereof in the form of an ordinance granting such franchise ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE , TEXAS , as follows : SECTION I The City of Wylie hereby grants a franchise for the collection , removal and disposal of solid waste and recyclable commodities within the City to Browning- Ferris Industries , on the terms and conditions of the Contract attached hereto as " Exhibit A" and fully incorporated herein and made a part hereof by reference . SECTION II The Mayor, the City Manager, and the City Secretary are hereby authorized and directed to properly execute the original (s ) of such agreement as the act and deed of the City . 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 Bfi fran.ord 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 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 8th day of August , 2000 . By John Mondy Mayor ATTEST: Barbara Salinas City Secretary Bfi fran.ord SOLID WASTE & RECYCLING CONTRACT BETWEEN THE CITY OF WYLIE, TEXAS AND BROWNING-FERRIS INC. Effective September 1, 2000 GENERAL SPECIFICATIONS - 1 - 1.00 GRANT - 1 - 2.00 DEFINITIONS - 1 - 2.01 Bags - 1 - 2.02 Bins - 1 - 2.03 Bulky Waste - 1 - 2.04 Bundle - 1 _ 2.05 City - 2 - 2.06 Commercial and Industrial Refuse - 2 - 2.07 Commercial and Industrial Unit - 2 - 2.08 Commercial Hand Collect Unit - 2 - 2.09 Commodity - 2 - 2.10 Commodity Buyer - 2 - 2.11 Construction Debris - 2 - 2.12 Container - 2 - 2.13 Contractor - 2 - 2.14 Dead Animals - 2.15 Disposal Site --23 2 - 2.16 Garbage _ 3- 2.17 Hazardous Waste - 3 - 2.18 Holidays - 3 - 2.19 Polycart Container - 3 - 2.20 Producer - 3 - 2.21 Recyclable Commodities - 3 - 2.22 Recycling Container - 3 - 2.23 Refuse - 3 - 2.24 Residential Refuse - 4 _ 2.25 Residential Unit - 4 - 2.26 Rubbish -4 - 2.27 Stable Matter 3.00 SCOPE OF WORK - 4 - 4.00 COLLECTION OPERATION - 4 - - 4 - 4.01 Service Provided 4.02 Location of Polycarts, Bins, Containers,Bags and Bundles for Collection - 5 - - 5 - 5.00 COLLECTION OPERATION - 56 - 5.01 Hours of Operation - 6 - 5.02 Routes of Collection - 6 - 5.03 Holidays - 5.04 Complaints --67 6 - 5.05 Collection Equipment - 7 - 5.06 Office - ii - 5.07 Hauling - 7 - - 7 - 5.08 Disposal - 7 - 5.09 Notification - 7 - 5.10 Point of Contact 6.00 COMPLIANCE WITH LAW - 8 - 7.00 EFFECTIVE DATE - 8 - 8.00 NONDISCRIMINATION - 8 - 9.00 INDEMNITY - 8 - 10.00 INDEPENDENT CONTRACTOR . - 8 - 11.00 LICENSES AND TAXES - 8 - 12.00 TERM - 9 - 13.00 INSURANCE - 9 - - 10 - 14.00 BOND - 10 - 14.01 Performance Bond - 10 - 14.02 Power of Attorney 15.00 BASIS AND METHOD OF PAYMENT - 10 - - 10 - 15.01 Collection and Disposal Rates - 15.02 Modification to Rates - 10- 11 - 15.03 Contractor to Act as Collector - 11 - 15.04 Delinquent and Closed Accounts - 11 - 15.05 Contractor Billings to City 16.00 TRANSFERABILITY OF CONTRACT - 11 - 17.00 EXCLUSIVE CONTRACT 12 18.00 OWNERSHIP - 12 - 18.00 FRANCHISE FEE - 12 - 20.00 BOOKS AND RECORDS - 12 - 21.00 TERNIINATION FOR CAUSE - 12 - 22.00 NOTICES - 13 - - iii - 23.00 APPROVAL - 13 - 24.00 AMENDMENT - 13 - 25.00 FORCE MAJEURE - 13 - 26.00 SEVERABILITY - 14 - 27.00 ENTIRE CONTRACT - 14 - 28.00 SPECIAL PROVISIONS - 14 - 28.01 City Facilities - 14 - 28.02 Spring Clean-Up Campaign - 14 - 28.03 Pavement Damage in Alleys - 14 - 28.04 Contract Performance Review - 14 - ATTACHMENT A - 17 - ATTACHMENT B PERFORMANCE STANDARDS - 19 - I. Residential and Commercial Hand Collection - 18 - II. Residential Recycling - 20 Commercial Container Collection - 20 - IV. General - 21 - ANTI-SCAVENGING ORDINANCE - 22 - - iv - CONTRACT THIS CONTRACT, made and entered into this day of , 2000, by and between the City of Wylie, Texas a Municipal Corporation of Collin County, Texas, (hereinafter called the "City") and Browning-Ferris, Inc., (hereinafter called "Contractor"). WITNESSETH: WHEREAS,the parties hereto desire for Contractor to provide Solid Waste and Recyclable Materials Collection within the City and to perform such work as may be incidental thereto in accordance with the terms of this Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.00 GRANT BFI shall be granted the exclusive right to provide refuse collection, removal and disposal services and collection of recyclable materials for the Residential, Commercial and Industrial Units within the corporate limits of the City, as specified and described in the Contract. Further, the Contractor is hereby granted a franchise, license and privilege within the territorial jurisdiction of the City and shall furnish all personnel, labor, equipment,trucks, and all other items necessary to provide refuse collection, removal and disposal services, and recycling collection as specified and to perform all of the work called for and described in the Contract. 2.00 DEFINITIONS 2.01 Bags -Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 40 lbs. 2.02 Bins-Metal receptacles designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 2.03 Bulky Waste- Stoves, refrigerators,water tanks, washing machines, furniture and other waste materials other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for Bins, Containers or Polycarts, as the case may be. 2.04 Bundle - Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length or the amount that can be lifted by two men. 2.05 City- City of Wylie, Texas. - 1 - 2.06 Commercial and Industrial Refuse - All Bulky Waste, Construction Debris, Garbage,Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07 Commercial and Industrial Unit - All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of the City not a Residential Unit. 2.08 Commercial Hand Collect Unit-A retail or light commercial type of business which generates no more than 14, 30-gallon bags or containers of refuse per week. 2.09 Commodity - Material that can be sold in a spot or future market for processing and use or reuse. 2.10 Commodity Buyer - A buyer or processor, selected by Contractor pursuant to the Contract Documents, of Recyclable Materials delivered by Contractor. 2.11 Construction Debris -Waste building materials resulting from construction, remodeling, repair or demolition operations. 2.12 Container - A receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a Container and its contents shall not exceed 60 lbs. 2.13 Contractor-Browning-Ferris, Inc. 2.14 Dead Animals - Animals or portions thereof equal to or greater than 10 pounds in weight, that have expired from any cause, except those slaughtered or killed for human use. 2.15 Disposal Site - A Refuse depository including but not limited to sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or Dead Animals for processing or final disposal. - 2 - 2.16 Garbage-Any and all Dead Animals of less than 10 pounds in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, that used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 2.17 Hazardous Waste -Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, paint and paint cans. 2.18 Holidays - The following shall be holidays for the purpose of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2.19 Polycart Container-A rubber wheeled container, having a maximum capacity of 95 gallons, designed for automated or semi-automated solid waste collection systems. Construction shall be injection molded polyethylene. 2.20 Producer- An occupant of a Commercial Unit,Industrial Unit or a Residential Unit who generates Refuse. 2.21 Recyclable Commodities -Material collected by the Contractor pursuant to the contract documents, which can be sold in a spot or future market for processing and use or reuse including, but not limited to, newsprint, magazines, plastic (PET and HDPE), glass containers, aluminum cans and metal (tin) cans. 2.22 Recycling Container - A plastic receptacle, designed for the purpose of curbside collection of recycling commodities, with minimum capacity of 18 gallons. 2.23 Refuse - This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. 2.24 Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential Unit. - 3 - 2.25 Residential Unit-A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less contiguous or separate single-family dwelling units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. 2.26 Rubbish - All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.27 Stable Matter- All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. 3.00 SCOPE OF WORK The work under this Contract shall consist of the items contained in the Performance Standards, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract Documents. A copy of said Performance Standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 4.00 COLLECTION OPERATION 4.01 Service Provided (a) Contractor shall provide curbside or alley collection service for the collection of Residential Refuse to each Residential Unit one (1) time per week. Polycart Containers shall be placed at curbside by 7:00 a.m. on the designated collection day. All Residential Refuse shall fit into the Polycart Container with the lid closed. (b) Contractor shall provide curbside collection service for the collection of Recyclable Materials from each Residential Unit one (1) time per week. Containers shall be placed at curbside by 7:00 a.m. on the designated collection day. - 4 - (c) Contractor shall provide Bin Collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. The Contractor shall provide Commercial Hand Collection service for Commercial Hand Collect units as defined in 2.08 of definitions. (d) The Contractor shall provide n Debris or the special and Stablelection Matterfr m Also,the Conal Units tractor actor of Bulky Waste, Construct may from time to time provide for the special collection of Dead Animals and Hazardous Waste at Commercial and Industrial Units and Residential Units at its sole discretion and upon such terms and conditions as Contractor shall specify. (See paragraph 15.01(b).) (e) Contractor shall provide transportation of collected refuse to the landfill site for disposal, which responsibility is solely that of the landfill operator. (f) Contractor shall provide transportation and processing of collected recyclables to the Recyclery. (g) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which the Contractor has no control. In the event of such a flood, tornado, or other Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the Contractor. 4.02 Location of Polycarts, Bins, Containers, Bags and Bundles for Collection (a) Each Polycart, Container, Bag, Recycling Container and Bundle shall be placed at curbside for collection. Curbside refers to that portion of right-of- way adjacent to paved or traveled City roadways(including alleys). Polycarts, Containers, Bags and Bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of- way, Polycarts, Containers, Bags and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Polycart, Container,Bag and Bundle not so placed or any Residential Refuse not contained in a Polycart. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a concrete pad according to individual agreement. Contractor may decline to collect Refuse in Bins not so placed. Placement of bin and - 5 - size/construction of concrete pad shall be such that the front wheels of collection vehicles shall rest entirely on the pad while bin is lifted and emptied. 5.00 COLLECTION OPERATION 5.01 Hours of Operation (a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. on the same day. Exceptions to collection hours shall be affected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. (b) Collection of residential brush and bulky waste, commercial and industrial refuse shall take place according to individual agreement. 5.02 Routes of Collection (a) Residential Unit and Commercial collection routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. City shall publish at its expense at least once during each calendar year a map of such Residential Unit collection routes in a newspaper published in the immediate area. The published map shall be of such size to clearly show all pertinent information. The Contractor may from time to time propose to City for approval, changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City's approval of the proposed changes, City shall promptly give written or published notice to the affected Residential Units. (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03 Holidays - Contractor may decide to observe any of the Holidays mentioned hereina, but such decision in no manner relieves Contractor of his obligation to provide Refuse collection service at Residential Units at least once per week. 5.04 Complaints-All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections,the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the Refuse not collected within 24 hours after the complaint is received. - 6 - 5.05 Collection Equipment -The Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles, Bins and other • equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor. Bins for food service establishments shall be exchanged at least one time per year. 5.06 Office-The Contractor shall maintain an office or such other facilities within close proximity to the City through which they can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 5:00 p.m. Monday through Friday. 5.07 Non-Collection - Should a dispute arise between City, Contractor and/or a customer as to whether Contractor actually failed to make a collection (whether Contractor missed a pick-up),the decision of City's Mayor in such matter shall be final, and City and Contractor agree to abide by said decision. Contractor shall also provide notice to the customer of the reason for such non-collection (unless such non-collection is the result of the customer's failure to timely place the refuse or containers out for collection). Contractor's norice to the customer shall be in writing, attached to the container or the front door of the residence or commercial business and shall indicate the nature of the violation and the correction required in order that such garbage may then be collected at the next regular collection date. 5.08 Interruption of Service - In the event that the collection and disposal of acceptable waste should be interrupted by any reason for more than forty- eight hours, City shall have the right to make temporary independent arrangements for purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety, and contractor shall pay the City all costs and expenses associated therewith within ten days of notice of the costs and expenses. If the interruption of service mentioned above continues for a period of seventy-two hous and is not the result of a force majure, then City shall have the right to terminate this contract. 5.09 Hauling - All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing are reasonably prevented. 5.10 Disposal- All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. 5.11 Notification - The City shall notify all Producers at Residential Units about complaint procedures, rates, regulations, and day(s) for scheduled Refuse collection. - 7 - 5.12 Point of Contact-All dealing, contacts, etc.,between the Contractor and the City shall be directed by the Contractor to the City Manager or the City Finance Director. 6.00 COMPLIANCE WITH LAW The Contractor shall conduct operations under this Contract in compliance with all applicable laws; provided, however, the General Specifications of this Contract shall govern the obligations of the Contractor where there exists conflicting ordinances of the City on the subject. 7.00 EFFECTIVE DATE This Contract shall become effective upon the execution hereof by all parties and performance shall begin on September 1, 2000. 8.00 NONDISCRIIVIlNATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 9.00 INDEMNITY The Contractor will indemnify and save harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys'fees incident to any work done in the performance of this Contract arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees. 10.00 INDEPENDENT CONTRACTOR Contractor is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it under the terms of this contract. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between City and contractor or any of Contractor's agents or employees. Contractor assumes exclusively the responsibility for its acts and the acts of its employees as they relate to the services to be provided during the course and scope of their employ. Contractor, its agents and employees shall not be entitled to any rights or privileges of City's employees and shall not be conidered in any manner to be a City employee(s). 11.00 LICENSES AND TAXES - 8 - The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract)and promptly pay all taxes required by the City and by the State. 12.00 TERM The contract shall be for a five(5)year period beginning September 1, 2000 and ending five(5)years thereafter. The initial term of this contract may be extended for successive additional five (5)year terms with the mutual agreement of both parties. 13.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Worker's Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9.00. All insurance shall be by insurers and for policy limits acceptable to the City; and before commencement of work hereunder the Contractor agrees to furnish to the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate Property Damage Liability $500,000 each occurrence Except Automobile $500,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Excess Umbrella Liability $5,000,000 each occurrence - 9 - As an alternative to the above, Contractor may insure the above public liability and property coverage under a plan of self insurance. Each insurance policy with respect to public liability insurance may provide for a self-insured retention of an amount of $250,000 with the result that the Contractor is its own insurer to the extent the coverage may be provided by the Contractor's parent corporation. The Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self insurance. 14.00 BOND 14.01 Performance Bond - The Contractor will be required to furnish a corporate surety bond as security for the performance of this Agreement. Said surety bond must be in the amount of$100,000.00, with no pro rata reduction over the term of the Agreement. 14.02 Power of Attorney - Attorneys-in-fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. 15.00 BASIS AND METHOD OF PAYMENT 15.01 Collection and Disposal Rates (a) The rate for collection services required to be performed pursuant to Sections 4.01 (a), (b) and(c) shall be the rates set forth in Exhibit "A", attached hereto and made a part hereof, subject to adjustment in accordance with Section 15.02. (b) For special collection provided by the Contractor pursuant to Section 4.01 (d), the charges are to be negotiated between the Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. (c) The Refuse collection charges provided by Sections 15.01 (a)-(c) shall include all disposal costs. (d) In the event that any Commodity collected shall not be marketable for a period of 60 days or longer, City and Contractor upon mutual agreement, shall eliminate that Commodity from the Recyclable Materials program and this Contract. 15.02 Modification to Rates -The Contractor may adjust the rates contained herein during the term of this Agreement to fully cover increases in costs resulting from (i) changes in any laws, ordinances, regulatory requirements or guidelines (including changes in construction or interpretation thereof or - 10 - change in the manner or method of enforcement thereof); ii(i) orders, judgments or directives of any court or governmental body of instrumentality thereof; or(iii)increased costs due to changes in location of disposal facilities and/or increases in disposal costs; (iv) changes reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the U.S. Department of Labor, Dallas-fort Worth area. Should its operation costs increase, the Contractor may petition the City for rate adjustments no more than once every 12 months during the term of this Contract. Any proposed rate adjustment shall be submitted to City as soon as practicable and be accompanied by adequate cost justification and documentation to allow for proper review by the City, which petition shall not be unreasonably denied. Increase not to exceed 5% of the rates in force at the time of the requested adjustment. 15.03 Contractor to Act as Collector-The Contractor shall submit statements to and collect from all Commercial and Industrial Units for services provided by the Contractor pursuant to Section 4.01(c) (including Commercial Hand Collect and Shared Dumpsters). 15.04 Delinquent and Closed Accounts (a) The Contractor shall discontinue Refuse collection service at any Residential Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. The City shall indemnify and hold the Contractor harmless from any claims, suits, damages, liabilities or expenses (including but not limited to expenses of investigation and attorney's fees) resulting from the Contractor's discontinuing service at any location at the direction of the City. (b) The Contractor shall have the right to discontinue Refuse collection service at any Commercial and Industrial Unit, Commercial Hand Collect, or Shared Dumpster delinquent in its payments. 15.05 Contractor Billings to City - The Contractor shall bill the City for service rendered to Residential Units within ten (10) days following the end of the month and the City shall pay the Contractor on or before the 15th day following the receipt of the invoice. Such billing and payment shall be based on the price rates and schedules set forth in the Contract Documents. The Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not the City collects from the customer for such service. - 11 - 16.00 TRANSFERABILITY OF CONTRACT Other than by operation of law, no assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld. In the event of any assignment, the assignee shall assume the liability of the Contractor as though it was the original Contracting Party. 17.00 EXCLUSIVE CONTRACT The Contractor shall have the sole and exclusive franchise, license and privilege to provide refuse collection and removal and recycling collection within the corporate limits of the City. The Contractor shall at all times have the right to first refusal to the collection of Dead Animals and Hazardous Waste from Residential Units and from Commercial and Industrial Units. 18.00 OWNERSHIP Title to Refuse , Dead Animals and Recyclable Materials shall pass to the Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the customer's premises, whichever last occurs. 19.00 FRANCHISE FEE The Contractor shall pay to the City fifteen percent(15%) of all amounts received by the Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 25th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. 20.00 BOOKS AND RECORDS The City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 14.02. 21.00 TERMINATION FOR CAUSE - 12 - If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City shall notify Contractor by registered or certified mail addressed to the Contractor at the address set forth herein of specific reasons in support of the City's claim that the Contractor has substantially breached the terms s and them provisions date of of this Contract. Contractor shall be allowed a thirty ( ) day period receipt of said notice from City to remedy any failure to perform. Should the City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no earlier than 10 days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Should the City still deem Contractor to have failed in its performance, said hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate refuse collection service for the City, the City Council may, by two- thirds vote, terminate this Contract. 22.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to the City, at: P. O. Box 428 Wylie, Texas 75098 Attn: City Manager If to the Contractor, at: 4200 E. 14th Street Plano, Texas 75074 Attn: District Manager or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 23.00 APPROVAL This Contract shall not be considered fully executed nor binding on the City or the Contractor until the same shall have been executed by the Contractor,the Mayor and the City Secretary of the City. 24.00 AMENDMENT - 13 - All provisions of this Contract shall be strictly complied with and conformed to by the Contractor, and no amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. 25.00 FORCE MAJEURE Notwithstanding anything herein to the contrary,the Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, Act of God or other similar or different contingency beyond the reasonable control of the Contractor. 26.00 SEVERABILITY In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceablity of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 27.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. 28.00 SPECIAL PROVISIONS 28.01 City Facilities - Bin collection service for City of Wylie facilities shall be provided at no charge. 28.02 Spring Clean-Up Campaign (a) Contractor shall provide up to ten (10) 30-cubic yard containers at a centralized Spring Clean-Up site. A minimum of eight containers shall be maintained on site at all times. (b) Contractor shall provide free collection and disposal to the City, up to a maximum of 15 hauls of 30 cubic yards. 28.03 Pavement Damage in Alleys (a) Contractor shall be responsible for the repair of damage to paved surfaces in alleys when such damage is caused by the Contractor's collection equipment. Substantiation of cause shall be by mutual agreement of both parties. - 14 - (b) Within thirty (30) days after receipt of a notice of damage, pending substantiation of cause and mutual agreement of both parties as outlined in Section 28.03(a), the Contractor shall arrange for satisfactory repair of the alley pavement or repairs will be performed by City forces and the City reimbursed on a time and materials basis. Reimbursement for materials and labor shall be in the form of a credit on the Contractor's next monthly billing for Residential collection service. 28.04 Contract Performance Review (a) Contractor's representatives shall meet with City staff periodically in order to review contract performance. The time and place of meetings shall be scheduled by mutual agreement. (b) Contractor's representatives shall meet once a year with the City Council for purposes of an annual contract performance review. - 15 - IN WITNESS WHEREOF,we,the contracting parties, by our duly authorized agent, hereto affix our signatures and seals as of this day of , 2000. .. `\�����`��ttmt�ttrrnrrriii�i��'�'"�,� CITY OF WYLIE, TEXAS W 4i \`��� Y‘ 4 '' A Municipal Corporation of V ir==t - Collin County, Texas SEAL'- NI 144 ' S- , of the a qf i By: - A, Mayo and ..---, C 1\ ger ATTEST: /d!/./i., 5 /%- V- 0. Seer / BROWNING-FERRIS INDUSTRIES By: ATTEST: District Manager - 16 - ATTACHMENT A CITY OF WYLIE, TEXAS SEPTEMBER REFUSE AND RECYCLING SERVICE: 2000 RATE Residential - Single Family $8.31 Duplex Unit-Per Unit $8.31 Trailer Park-Per Unit $8.31 Additional Polycart, Per Unit $3.00 COMMERCIAL SERVICE: Commercial Hand Collect 2 x week $11.50 Additional Polycart $ 4.03 2 cu. yd. 1 x week $42.56 2 x week $ 90.87 3 x week $120.78 3 cu. yd. 1 x week $ 58.66 2 x week $109.27 3 x week $169.09 4 cu. yd. 1 x week $ 87.42 2 x week $139.18 3 x week $196.69 6 cu. yd. 1 x week $102.37 2 x week $166.78 3 x week $247.30 8 cu. yd. 1 x week $125.38 2 x week $215.09 3 x week $286.41 EXTRA PICKUPS EACH: 2, 3, 4, cu. yd. $ 32.21 6, 8, cu. yd. $ 36.81 DELIVERY/EXCHANGE of FEL CONTAINERS: $ 51.35 - 17 - ATTACHMENT A CONTINUED ROLLOFF CHARGES: 42 Cu. Yd. Compactor Containers, Per Haul $287.56 (Includes disposal, does not include equipment) 30 Cu. Yd. Open-top Rolloff containers, Per Haul $258.80 (Includes disposal) Daily Rental $ 7.19 Delivery/Exchange $ 77.03 SPECIAL CHARGES: Polycart Replacement $60.00 Returned Check Charge $ 20.00 CITY BILLS RESIDENTIAL BFI BILLS COMMERCIAL & ROLLOFF (Includes 15% Franchise Fee) CITY ACCOUNT#9015397 CONTACT UTILITY BILLING 972.442.8131, FAX 972.442.8105 - 18 - ATTACHMENT B CITY OF WYLIE,TEXAS PERFORMANCE STANDARDS Residential and Commercial Hand Collection A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. - 7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All refuse must fit inside the polycart with the lid closed; nothing outside the polycart will be collected with the regularly scheduled weekly service. Plastic bags may be used inside the polycart. E. Spillage: Any spillage caused by Contractor will be picked up immediately. Spillage caused by others or by inadequate containers will be the producer's responsibility. F. Brush and Bulky Item Collection BFI will make brush and bulky collection available to Wylie residents one day per month as part of the standard contract. Maximum size is restricted to two (2) cubic yard. Maximum weight is no more than that which can be lifted by two men. Special collection of brush and bulky items will be made available to Residents at the rate of$72.00 per hour for time spent on collection, with a minimum charge of $15.00 per collection. Residents must call Contractor's dispatch office to schedule collection. Approved Containers: a) Polycarts b) Brush cut to 6 x 3 x 3 and bundled with twine, no heavier than what can be handled by one man, and placed at the curb. c) Maximum weight bundle or container is not to exceed that which can be lifted by two men. G. Commercial Hand Collection Customers with an average weekly volume exceeding 2 polycarts twice a week will be required to use container service unless there are extraordinary - 19 - circumstances. Any dispute in average weekly volume will be submitted to City officials for decision. II. Residential Recycling A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. - 7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: 1. 18 gallon plastic bin. 2. Additional bins may be obtained from Contractor by Producer. III. Commercial Container Collection A. Container Size Available: 2 cu. yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu. yd. B. Schedules Available: Up to three times weekly. C. Hours of Operation: 7:00 a.m. - Completion. D. New Service: A listing will be maintained in the yellow pages. Requests for new service will be filled within five working days. E. Extra Collections: If notified by 10:00 a.m. on service day, extra pick up will be performed that day. After 10:00 a.m., we will attempt to make the pick up that day. If unable, it will be made the following service day. There is a charge for extra pickups and refills. F. Blocked Containers: If access to a container is blocked, the driver will radio our dispatcher. A call will be placed to the location describing the obstruction. The driver will wait until the customer is contacted and the obstruction cleared. If not cleared, the driver will proceed on route. Customer may call in for an extra pickup, if desired, when access is clear. Customer will be charged for extra pickups. G. Overfilled Containers: Container will not be emptied if a safety hazard exists. Customer will be contacted to remove excess. An extra pickup will be re- scheduled when excess refuse has been removed. Customer will be charged for extra pickups. - 20 - H. Container Maintenance: Containers that have been damaged will be exchanged or repaired within 5 working days of notification. If the damage is not due to our servicing or a defect in materials and workmanship, a fee will be charged to the customer. The amount will depend on the repairs needed. All containers will be exchanged at reasonable intervals to maintain a good appearance considering type of refuse generated, normal wear and weathering. If an unsightly condition develops due to fire, paint or other causes beyond our control, the container will be exchanged upon the request of the customer. A maximum of$50.00 for refurbishing will be charged. Containers at food service establishments shall be exchanged at least one time per year. Gates and Enclosures: Assistance will be requested for opening and closing gates at those locations which desire to place containers in enclosures. If customer does not assist, an additional charge of$5.00 per month per container times number of pickups per week will be added. J. Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. K. Casters: Casters are not available on our containers. L. Non-Payment: Customers will be notified in writing when 30 days past due. If unpaid after 45 days, customer will be notified in writing that service is being suspended until account is paid in full. A copy will be sent to the Finance Department and City Code Enforcement. If a customer is suspended twice, a deposit in the amount of one month's average billing will be required to re-establish service. This deposit will be refunded after one year of prompt payments by customer. IV. General A. Office Hours: 8:00 a.m. - 5:00 p.m. Monday-Friday. B. Holidays: New Years, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days may be omitted by Contractor, however, refuse collection service at residential units will be performed no less than once per week. - 21 - ANTI-SCAVENGING ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE OF WYLIE, TEXAS, CHAPTER ,BY ADDING A NEW SECTION , TING SCAVENGING OF RECYCLABLE MATERIALS FROM RESIDENTIAL AND COMMERCIAL AREAS WITHIN THE CORPORATE LIMITS. BE IT ORDAINED by the City Council of the City of Wylie, Texas, Chapter is hereby amended by addition of a new section, Section , to read as follows: Section : Prohibiting the Scavenging of Recyclable Materials From Residential and Commercial Areas Within the Corporate City Limits. 1. No person or persons, other than the current resident of the property on which the items are placed, or an authorized carrier, shall remove, pickup, or transfer recyclable materials left at curbside in any residential subdivision, at curbside at any single family residence, or in a dumpster designated for recycling at a commercial or industrial place of business. Materials placed in either specifically marked recovery containers or any other type of container are to be picked up by a designated carrier for the purpose of removal of recyclable materials. Materials referred to, and to be left in specifically marked containers, will include recyclable materials included in the City's recycling program. 2. Each removal of an item or items from a residential subdivision residence location or a single family residence location or a commercial or industrial location shall constitute a separate violation of this ordinance. Unauthorized persons removing materials or bins other than those persons designated above shall be fined as follows: a. Upon first conviction of violation of this ordinance, the person shall be fined $50.00 for each such violation. b. Upon second conviction of violation of this ordinance, the person shall be fined $100.00 for each violation. c. Upon third and subsequent convictions of violation of this ordinance, the person shall be fined $250.00 for each such violation. - 22 - 3. All ordinances or resolution or parts thereof in conflict herewith are hereby repealed. DATED this day of , 2000. CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney - 23 - WYLIE CITY COUNCIL AGENDA ITEM NO. 3. August 8, 2000 ISSUE Consider and act upon the adoption of an ordinance establishing fees for the collection and disposal of solid waste and recyclable commodities. BACKGROUND Having granted a franchise to BFI for the collection and disposal of solid waste and recyclables and, having entered into an agreement based on a proposal of new and revised rates for such collection, it will be necessary for the Council to adopt a new rate schedule in the form of an ordinance. The following proposed ordinance reflects the new residential rates to be charged by the City and the revised commecial collection rates to be billed by BFI, all of which were approved by Council in the award of the contract July 25, 2000. FINANCIAL CONSIDERATIONS N/A. OTHER CONSIDERATIONS N/A. STAFF RECOMMENDATION Staff recommends that Council adopt the proposed ordinance establishing fees for the collection and disposal of solid waste and recyclable commodities within the City of Wylie. ATTACHMENTS Proposed Ordinance. jil'A eArfiq. 't.)4-) f•".14,.1.1;244$4600.7 Prepared by ed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING FEES FOR THE COLLECTION AND REMOVAL OF SOLID WASTE AND RECYCLABLE MATERIALS; AMENDING ORDINANCE NO. 98-16; AND FURTHER REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS , the City has renegotiated its contract for solid waste collection with its current contractor Browning- Ferris Industries ( BFI ) ; and , WHEREAS , the new agreement with BFI provides for changes in rates for certain services , including an increase in rates for residential and commercial collection services ; and , WHEREAS , the City Council has determined that the rates the City is charging its residential customers for collection services and the rates that BFI is charging its commercial customers should be adjusted to reflect these increases ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS , as follows : SECTION I That Ordinance No . 98-16 be , and it hereby is , amended as follows : Section 9.01(a) The collection and removal of solid waste and recyclable materials in approved containers from residential premises once per week shall be made for a fee of 9 .86 per residential unit for each calendar month . Section 9.01(c) The rate for each unit of a single family detached or duplex (not master metered) shall be $9 .86 per month . Section 9.01(d) The rates for Duplex, Multi -family , Trailer BFIRATES.ORD 1 Park shall be $9.86 per unit per month . Section 9.02 Commercial polycart collection fees . ( a ) Collection of one 90 gallon polycart twice per week shall be billed at the rate of $11 . 50 . (b) Each additional polycart shall be billed at the rate of $4.03. Section 9.03 Commercial Dumpster Charges shall be as follows : 2 cu. yd. - 1X $ 42. 56/mo. ; 2X $ 90.87/mo. . 3X $120. 78/mo. 3 cu . yd. -1X $ 58.66/mo. ; 2X $ 109.27/mo. ; 3X $169.09/mo. 4 cu. yd . - 1X $ 87.42/mo. ; 2X $139. 18/mo. ; 3X $196.69/mo. 6 cu. yd . -1X $ 102.37/mo. ; 2X $166. 78/mo. ; 3X $247.30/mo. 8 cu. yd. - 1X $125.38/mo. ; 2X $215.09/mo. ; 3X $286.41/mo. Extra pickup rates shall be as follows : 2-4 cu . yd . - $32 . 21 each additional pickup . 6-8 cu . yd . - $36 .81 each additional pickup . Section 9.04 Special Charges : Compactor Containers , disposal only- $287 . 56 per haul Roll -Off Containers , disposal only- $258.80 per haul Roll -Off Daily Rental - $7 . 19 per day Roll -Off Delivery/Exchange- $77 . 03 Front End Delivery/Exchange- $51 .35 Polycart Purchase/Replacement- $60 . 00 each Returned Check Charge- $20 . 00 Additional Residential Cart- $3 . 00 per month Past Due Service Charge- 1 . 5 per cent Tire collection/disposal - $5 . 00 each Section 9.05 Fees for Special Collection of Brush and Bulky Waste Items Special collection of brush and bulky items , in excess of 2 cubic yards per month , will be made available to BFIRATES.ORD 2 residents at the rate of $72 . 00 per hour for time spent on collection , with a minimum charge of $15. 00 per collection . SECTION II In the event of non payment of charges for the above services City shall have the right to deny further service to such non paying person or customer. 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 this Ordinance , shall not be construed as abandoning any action now pending under or by virtue of such ordinance ; nor BFIRATES.ORD 3 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 8th day of August , 2000 . By John Mondy Mayor ATTEST: Barbara Salinas City Secretary BFIRATES.ORD 4 WYLIE CITY COUNCIL AGENDA ITEM NO. Li . August 8, 2000 Issue Consider and Act Upon Accepting the proposed Ad Valorem Tax Rate and Calculation of an Effective Tax Rate for Fiscal Year 2000-2001. Background In accordance with the "Truth in Taxation" laws of the State of Texas, notices must be published and a public hearing must be held if an entity's proposed tax rate exceeds 103 percent of the effective tax rate. Therefore, the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven(7) days prior to the first scheduled public hearing on August 29th. The purpose of the first public hearing is to give the taxpayers an opportunity to express their views on the increase. The Council may not adopt the tax rate at this hearing. Instead, at the end of the hearing, it must set and announce the date,time and place of the meeting at which it will note on the final proposed tax rate. The second public hearing on September 12th to vote on the tax rate must take place no less than three (3) days and no more than fourteen (14) days after the first public hearing. The official detailed effective tax rate calculation is available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. Financial Considerations The proposed budget is based on the proposed tax rate of$0.725 per $100 valuation. This is the rate previously discussed by the Council. Any change in the proposed rate will require revision of the proposed budget. Other Considerations The City is required by law to follow certain meeting and notice (publication) guidelines as shown on the attached calendar excerpt from the "Truth in Taxation" guide. Staff Recommendation It is recommended that the City Council approve the proposed tax rate and schedule the next required public hearing on the tax rate for August 29, 2000. Attachments Resolution Reporting Record Vote 2000 Planning Calendar from the"Truth in Taxation" guide 2000 Property Tax Rates in the City of Wylie and Effective Tax Rate Calculation re ed by Revie d by Financ City Ma e Approval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2000-2001; ACCEPTING THE CALCULATION OF AN EFFECTIVE TAX RATE; ESTABLISHING A DATE FOR PUBLIC HEARING ON THE PROPOSED PROPERTY TAX RATE; AND PROVIDING FOR THE PUBLICAITON AS PROVIDED BY THE TEXAS PROPERTY TAX CODE WHEREAS, the City of Wylie has received the calculated effective tax rate as presented by the Collin County Tax Assessor/Collector's Office; and WHEREAS, the proposed tax rate exceeds 103 percent of the effective tax rate and the Statute requires an additional public hearing in order to entitle the City Council to consider acceptance and adoption of an ordinance levying a proposed tax rate of$0.725 per$100 valuation; and WHEREAS, the Texas Property Tax Code Chapter 26, as heretofore amended, provides the specific procedures in which to consider the proposed tax rate; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Wylie, Texas, SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of $0.725 per$100 valuation as the proposed property tax rate for fiscal year 2000-2001. SECTION 2. The City Council of the City of Wylie, Texas, met in a public meeting on August 8, 2000, and accepted this resolution with a majority vote as follows: Mayor John Mondy YEA NAY ABSTAIN ABSENT Mayor Pro Tern Joel Scott YEA NAY ABSTAIN ABSENT Councilmember Reta Allen YEA NAY ABSTAIN ABSENT Councilmember Eric Hogue YEA NAY ABSTAIN ABSENT Councilmember Merrill Young YEA NAY ABSTAIN ABSENT Councilmember J.C.Worley YEA NAY ABSTAIN ABSENT Councilmember Chris Trout YEA NAY ABSTAIN ABSENT SECTION 3. A public hearing shall be held on August 29, 2000, at 7:00 p.m. in the City Council Chambers at the Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas, to receive public comment regarding the proposed tax rate. SECTION 4. The content and vote taken on this resolution shall be published in the official newspaper of the City as provided by the Texas Property Tax Code. DULY RESOLVED by the City Council of the City of Wylie, Texas, on this the 8th day of August, 2000. John Mondy,Mayor Barbara Salinas, City Secretary 2000 Planning Calendar May Mailing of notices of appraised value by chief appraiser. May 15 Deadline for submitting appraisal records to ARB. July 20 Deadline for ARB to approve appraisal records. July 25 Deadline for chief appraiser to certify rolls to taxing units. July?? Certification of anticipated collection rate by collector. July 31 Calculation of effective and rollback tax rates. Aug 9 Publication of effective and rollback tax rates; statement of schedules; submission to governing body. Aug 4 72-hour notice for meeting (Open Meetings notice). Aug 8 Meeting of governing body to discuss tax rate: if proposed tax rate will exceed the rollback rate or 103 percent of the effective tax rate (whichever is lower), take record vote and schedule public hearing. Aug 16 "Notice of Public Hearing on Tax Increase" (1st quarter-page notice) published at least seven days before public hearing. Aug 25 72-hour notice for public hearing (Open Meetings notice). Aug 29 Public hearing: schedule and announce meeting to adopt tax rate 3-14 days from this date. Sept 6 "Notice of Vote on Tax Rate" (2nd quarter page-notice) published before meeting to adopt tax rate. Sept 8 72-hour notice for meeting at which governing body will adopt tax rate. Sept 12 Meeting to adopt tax rate. Meeting is 3-14 days before public hearing. Taxing unit must adopt tax rate by September 30, or within 60 days of receiving certified appraisal roll. 08/03/2000 08:43 FAX 9725475017 COLLIN CO TAX LL f109 2000 Property Tax Rates In City of Wylie This notice concerns 2000 property tax rates for City of Wylie. It presents information about throe tax rates. Last year's tax rate is the actual rite the taxing unit used to determine property taxes last year. This years effective tax rate would impose the same total taxes as last year if you compare properties taxed in both yaws. This yat's rollback tax rate is the highest tax rate the taxing unit can set bctorc taxpayers can start tax rollback procedures. In each cue these rates arc found by dividing the total amount of taxes by the tax base (the total value of taxable property)with adjustments as required by state law. The rates are given per S 100 of property value. Last year's tax rate: Last year's operating taxes S2,727,85'9 but years debt taxes S1,064,506 Last year's total taxes S3,792.365 Last year's tax base S541.766,429 Last year's total tax rate 0.700000/S 100 This year's effective tax rate, Last year's adjusted taxes S3,765,929 (alter subtracting taxes on lost property) / This year's adjusted tax base S564,133,090 (after subtracting value of new property) = This year's effective tax rate 0.671105/S 100 This year's rollback tax rate: Last year's adjusted operating taxes S2,723,489 (after subtracting taxes on lost property and adjusting for transferred function) / This years adjusted tax base S564,133.090 = This year's effective operating rate 0.482774/S 100 x 1.08=this year's maximum operating rate 0.521395/S 100 + This year's debt rate 0.204125/S100 = This years rollback rate 0.725520/S100 08/03/2000 08:43 FAX 9725475017 COLLIN CO TAX LL li0 Statement of Increase/Decrease If City of Wylie adopts a 2000 tax rate equal to the effective tax rate of S0.671105 per S 100 of value,taxes would increase compared to 1999 taxes by S395,774. Schedule A Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the cod of the fiscal year. These balances arc not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance Maintenance&Operation St,120,490 Interest&Sinking S212,750 Schedule B 2000 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by ptoperty taxes. These amounts will be paid from property tax revenues(or additional sales tax revenues,if applicable) Principal or In to be Contract Payment Paid from Other Description to be Paid from Property Amounts Total • of Debt Property Taxes Taxes to he Paid Payment Tax S208,230 589,964 S350 5298,544 Refunding Bon do Series 1993 G O Bond S55,808 S72,627 S350 S128,785 Series 1995 Certificates of 550,000 S76,110 S350 5126,460 Obligation Series 1997 Tax Notes S145,000 S30,709 S350 5176,059 Series 1998 G O Bond 595.000 S 169,344 S350 S264,694 Series 1999 G O Bond 555,000 S113,419 S350 S168,769 Series 2000 Public Prop 530.000 S8,635 $350 S36,985 Finang Coat Ob Series 1995 Puhliic Prop S55,000 S16,235 S350 S71.585 Pinang Cont Ob Series 1999 Total required for 2000 debt service S1,273,881 - Amount(if uny)paid from funds listed in Schedule A SO - Amount(if any)paid from other resources S0 • Excess collections last year $0 = Total to be paid from taxes in 2000 S1,273,1181 + Amount added in anticipation that the unit will collect only 100.00%of its taxes in 2000 S0 — Total debt levy 51,273,881 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the fill calculations at 1800 N.Graves McKinney,TX 75070. Name of person preparing this notice:Kenneth L.Maun Title:Tax Attestor Collector Date prepared:July 25,2000 WYLIE CITY COUNCIL AGENDA ITEM NO. 5. August 8, 2000 Issue: Hold a public hearing to consider and act upon approval of a Replat for Twin Lakes Addition, generally located along the east side of S. Ballard Avenue, south of Alanis Drive, and being all of Lot 20 of Block D, of a certain 1.663 acres out of the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Background: The replat under consideration is for Lot 20 of Block D, of the approved Twin Lakes, Phase 1 subdivision. The applicant is replatting 1.663 acres of land in order provide an access easement to a tract of land to the southeast which was dedicated to the City as park land (as part of the original Final Plat for Phase 1), and develop the property with single family residential uses. The property is currently vacant, platted, and zoned for SF-1 (Single Family Residential)uses. Financial Considerations: Rezoning application fee in the amount of$127.00—Paid The applicant is aware that Water and Sewer Impact Fees in the amount of$2,112.00 must be paid prior to filing the plat with Collin County. Other Considerations: • Staff has reviewed the proposed replat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. • Due to the fact that the proposal under consideration is a replat of an existing subdivision zoned for residential uses, state law mandates that the City notify property owners within 200' in the original subdivision and hold a public hearing prior to taking action. Public Comment Forms were mailed to seven (7) property owners as required by state law. No Public Comment Forms have been returned. • The original Twin Lakes,Phase 1 Final Plat contains a note stating"Lot 20, Block D, shall be reserved for temporary park access until future development provides permanent park access, at that time lot will be released for sale and building purposes". The owner has a potential buyer for Lot 20, Block D, who wishes to build on this lot, and in order to uphold the intent of the Final Plat, is creating an access easement to this tract, rather than wait until a future phase is developed which provides permanent access. If and when the future phase is developed,this access easement can be removed from Lot 20, Block D. • Due to the fact this was originally platted in 1989, Impact Fees were collected at the time of permitting. Since the owner is replatting this lot, current Impact Fees apply. The applicant is aware that all Impact Fees must be paid prior to a request for the final plat to be filed with Collin County. The Impact Fee for new residential construction is $700 for water and $1,412 for sewer or a total of$2,112 per dwelling unit or lot. Board/Commission Recommendations: At the July 18, 2000 Planning and Zoning Commission meeting,the P&Z recommended approval of this replat. Staff Recommendations: Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Location Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Final Plat Application Final Plat Prepared qevi ed by Finance City Manag p oval NoV %,/, v , I I i 1 fir. .._.._ j 1 I c li Q -T -1 i l 1 h.._.._.._.._.._.._.._.. '�. I I rO _ so- /..!—I 1 I i ...._.._'()7- i I ._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.[ Li71,3121 A,. i .1 i 9 I c i f 1- I , ---- .,, i SUBJECT ------ Alank Drive �, PROPERTY u I• — _ — ...e'...,.... i O E n 1 g I — "may' �� — rive —z / I i n.. i i i i i i i i ; i 1 i i 1 i I i 1 I I i Drive ii ! i i 1 I i i i I 1 i i i i I i i i i i i 1 i i i I i i i i i 1 i i i i I I i i i i I ,.._.._..1 I I I I i ! i i I ! I i i Ina ' I I 1...1..._..--iI I_,. I i i i i / I i i ; I I / I I i I LOCATION MAP • • • • • • cn I $ M. Bosley • N R-2462-00D- v 0190-1 e41 � Qj li •r•;�' 3� Perez, ijtc 1. fl,, B. e ® K •iv R-242OD- . ► •• • f • /\ • • i • • 1.11111111111111.1 PROPERTY OWNER NOTIFICATION MAP NOTIFICATION REPORT APPLICANT: DR Horton Texas Ltd. APPLICATION FILE Replat Twin Lakes, Lot 20, BIk D 310 1-30, Ste 280 Garland Tx 75043 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME _ ADDRESS Twin Lakes Ph. I 219 Martin Drive 1 D 18 R-2462-00D-0180-1 Alva Anderson Wylie, Texas 75098 Twin Lakes Ph. I 221 Martin Drive 2 D 19 R-2462-00D-0190-1 Marvin Bosley Wylie, Texas 75098 Twin Lakes Ph. I Applicant 310 1-30, Suite 280 3 D 20 R-2462-00D-0200-1 DR Horton Texas Ltd. Garland, Texas 75043 Twin Lakes Ph. I 224 Martin Drive 4 D 21 R-2462-00D-0210-1 Brad Perez Wylie, Texas 75098 Twin Lakes Ph. I 222 Martin Drive 5 D 22 R-2462-00D-02280-1 John Geasa Wylie, Texas 75098 Twin Lakes Ph. I 220 Martin Drive 6 D 23 R-2462-00D-0230-1 Daniel True Wylie, Texas 75098 Twin Lakes Ph. I 218 Martin Drive 7 p, 24 R-2462-00D-0240-1 Jeffrey Speicher Wylie, Texas 75098 8 9 10 11 • 12 13 • 14 15 16 17 PUBIC NOTICE FOR Replat of Twin Lakes Phase I PUBLIC NOTICE BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF WYLIE, TEXAS AND THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO CONDIDER RESUBDIVISION OR REPLATTING OF RECORDED SUBDIVISION WITHIN THE CITY LIMITS OF WYLIE, COLLIN COUNTY, TEXAS. Notice is hereby given that the following public hearings to consider resubdivision or replatting of a recorded subdivision as hereinafter described will be held in the City Council Chambers of the Municipal Complex, 2000 Highway 78 North, Wylie, Texas: Planning & Zoning Commission: 7:00 PM, July 18, 2000 City Council: 7:00 PM, August 8, 2000 I . I This property is generally located along the east side of Ballard Avenue and south of Alanis Drive, and being all of Lot 20, Block D of Twin Lakes Phase I subdivision. Section (3), Subsection C): If the proposed is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of all members of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public hearing. All citizens or interested parties desiring to be heard concerning this replat may speak. The application and documents are on file for public examination in the Development Services Department, 2000 Highway 78 North, Wylie, Texas. 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(IUD) (972)442-8170 for assistance. Lisa Price Planning Assistant Our Mission.. ...to be responsible stewards of the public trust, to strive for excellence in public service,and to enhance the quality of life for all. env f Wylie Application For ❑Preliminary Plat 0 Final Plat ['Replat DVacation of Existing Addition All rules and regulations established by the Subdivision Ordinance,City of Wylie,Texas,and Texas Local Government Code,Title 7,Chapter 212,Subchapter A. n Engineer/ r � Phone: q�-� -I(G 12.CtiJ Surveyor: (o vi,n ;nte.,(Ic1Q L Fax: ��. 'iL, 498 1 Address: 9vO W f3e1no(4' i )u rk. City: P1,'U\ State: -1\4 Zip: -75 C\ 3 Owner: 1), t� t t-6'*G►1 TC',.koS 1 U .• Phone: 11 A ,;-1(,' 4-;"3 Address: 3l3 .EoS-- T`` --')V 5\2, ago Fax: C7). ,9L(,) 4`tl-t� City: CXa`rkc r State: -R. Zip: '5 Other: - Phone: — Address: - Fax: City: - _State: - Zip: -Location of Property(Address if Applicable) Oa tv PrR T t ti n t J e_ Proposed Subdivision Name: TW t r- U4 re-S 1 Tv)ct Survey Name: Mtn,\ i k t(ko v""f'�,{ q)u•ry Abstract No.: a 3 Acreage Existing Zoning: '5 L1'•�t t�'r^'� l Pending Zoning: S r\S 1 Z t c rv,..,t1 *Please provide a building improvement survey,if the property has existing improvements. Is this a replat of an existing recorded subdivision? Yes No If yes,give name and date when the original subdivision was filed for record at Dallas County Deed Records: Subdivision Name: 'T j ,r.j Lake-s I I ' 1 Date Filed: y- Z(0 - 1v\ Volume: G Page: al‘ Number of lots within original subdivision: 1h Proposed lots: /C . If applicable,complete OExhibit AO as evidence that all owners of property within the subdivision join in this application to vacate. t-tlpr- Was this subdivision restricted by zoning or deed restrict:7 to single family or two family residential dwelling use within the last five(5)years? Yes No (4, I am authorized to make application for a subdivision on behalf of the owner of this property ✓a Ste- Agent The above person is my representative,authorized to make application for a subdivision n y behhIf and I a the o er oft e property for which this application is made. E:, I 1. Owner _..._..._._...._....._..._....__....__.l . _�.•�. .�A _....ecei_.. .1 7-•-----_«irrt 1_.... mil_ For Office Use Only: Date Filed: f v . /00 Recdpt No.: fr 1 1 AmouutS d- Pending Zoning Case(If Appticablep - • L• I A:\worddocs`planning applicition`platap.doc City of Wylie, Development Services Department 2000 Highway 78 North+ Wylie,Texas 75098+ 972-442-8150+ Fax 972-442-8154 "EXHIBIT A" Legal Description of Area Proposed for Subdivison. Lo+ ) Pelt)CMG D Iw, La ice S Ptiase_ I 1 1 I � 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 ful esponsible for the legal description given above. Date: '3 Z1 J Signature of Applicant: C/ Page2of2 _ _- MEMORANDUM OF = - EXPEDITED APPROVAL c Wylie KNOW ALL BY THESE PRESENTS: Whereas, I the applicant or owner of the plat known otherwise as (plat name) 1,.D1' 2011gilock f t r Lab S hereby declare my intent to seek approval of this plat as soon as possible and acknowledge that the City can and must deny this plat if it fails to comply with city Ordinances and that such denial would, of necessity, delay the desired approval. Therefore, I hereby waive the time periods of Chapter 212, Texas Local Government Code, in order that I can have a chance to work with City Staff to seek an approval with the least number of delays. Executed this 2-1 day of —w- , A.D., - /'., 2003 'C Z�GY I I (Applicant) By: D R - ^Texas L 47, Print Name: Dew;v L L. boo it., Title: ',\- 5 ZCd BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day • personally appeared iow; , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Tav‘vu+rs1,•,,T , and that he executed the same as the act of such L}t) TA-rare GRS%-t\P , for the purposed and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 21 day of M a-9, , 2c�,. r NOTARY PUBLIC IID FOR COLLIN,COUNTY,TEXAS PAUL W. MORGAN My commission expires «���� Note. Pub!i^, State cf Tax_s �f T C r.,. ',:'u� Expire.; p eo - .1-G4.2000 • City of Wylie,Development Services Department 2000 Highway 78 North♦Wylie,Texas 75098♦972-442-8150♦Fax 972-442-8154+www.ci.wylie.tx.us WYLIE CITY COUNCIL AGENDA ITEM NO. Co . August 8, 2000 Issue Consider and act upon authorizing the City Manager to enter into professional services agreements for the revision of the Subdivision Regulations and associated Design Standards in an amount not to exceed $25,000. Background The current Subdivision Regulations and design standards were adopted in 1993. In concurrence with the re-write of the Zoning Ordinance, the Subdivision Regulations and the design standards should be reviewed and updated. The design standards include the Drainage Manual, the Water and Sewer Design Manual, and the Pavement Standards. There are currently inconsistencies in the regulations, as well as minimum standards which need to be reviewed to ensure that the tools are in place in order to facilitate appropriate development. Financial Consideration There is sufficient budgetary funding in the General and Utility Funds for these projects and a budget amendment will not be necessary. The Subdivision Regulations revisions will be paid out of Development Services in the General Fund and design standards will be paid out of Combined Services in the Utility Fund. Other Considerations State law permits municipalities to solicit requests for proposals and enter into agreements for certain professional services without observing the standard bidding procedures. Board/Commission Recommendations N/A Staff Recommendations N/A Attachments N/A Prepared by /v Revie OF, by Finance City M e pproval