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02-11-1997 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex February 11 , 1997 7:00 p.m. CALL TO ORDER INVOCATION - Rev. John Thornton, First United Methodist Church PLEDGE OF ALLEGIANCE PRESENTATION Presentation by the Fire Department Presentation by the Downtown Merchants Association Presentation of Conceptual Plan for the Woodbridge Development CONSENT AGENDA 1. Consider Approval of Minutes for January 21 and January 28, 1997 2. Consider Approval of Declaring Election for Municipal Officers, May 3, 1997 to be Held Jointly with the Wylie Independent School District 3. Consider Approval of a Contract with the County Elections Office to Conduct the May 3, 1997 Municipal Election 4. Consider Awarding Bid for Community Park Parking Lot 5. Consider Final Acceptance of the Construction of a New 750,000 Gallon Elevated Tank and Authorize Final Payment to Landmark Structures, Inc. in the Amount of$76,680.00 and Accept the Project as Complete 6. Discuss and Consider Issuing Change Order No. 2 and Final Acceptance for "Part B" of the Utility Relocations Project Along State Highway 78 and Authorize Final Payment to J & R Concrete & Utility Contracting in the Amount of $72,568.84 and Accept the Project as Complete ACTION ITEMS 7. Discuss and Consider Approval of Signage for Library 8. Discuss Alternatives for the McCreary Road Construction and Consider Awarding Bid for Construction on McCreary Road 9. Discuss and Consider Appointing a Replacement to the Zoning Board of Adjustments to Fill an Unexpired Term Ending July 1997 10. Discuss and Consider Adopting an Amendment to Ordinance 83-18A, Chapter 3, Section 14 of the Wylie Code of Ordinances, Pertaining to Masonary Construction Requirements for Storage Buildings in a Mobile Home Park STAFF REPORTS CITIZEN PARTICIPATION WORKSESSION 11. Discuss the Northeast/State Highway 78 Corridor Study and Consider Authorizing the City Manager to Enter Into a Contract with Insight Research EXECUTIVE SESSION 12. Hold Executive Session Under Sections 551.071 Consultation with Attorney; 551.072 Deliberations about Real Property; and 551.075 Conference With Employees To Receive Information and Question Employees Regarding Pending Litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District RECONVENE INTO OPEN MEETING 13. Take Any Necessary Action as a Result of the Executive Session ADJOURNMENT Posted on this the 7th day of February, 1997 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD 442-8170 r/If WYLIE CITY COUNCIL February 11, 1997 PRESENTATION Issue Presentation by Don Herzog, Herzog Development Corporation, of the Conceptual Plan for the Woodbridge Planned Development District. Background Included herein are the Development Standards to be approved as the development guidelines for this Planned Development District. This item is for information only. No formal action is requ i red. Don Herzog of Herzog Development Corporation, located at 9696 Skillman Street, Suite 210, Dallas, Texas, initiated discussions with staff in the spring of 1996 regarding a 921-acre master planned community. This proposed development is to be located south of Alanis Drive, between Sachse Road and State Highway 78. Of the 921 total acres, approximately 390.51 acres are situated within the Wylie City Limits. The remaining acreage is located in the Sachse City Limits. The development, known as Woodbridge, will consist of amenities such as an 18-hole championship golf course, park/recreational areas, neighborhood/park hiking trails and community swimming pools. Approximately 980 residential lots will be within the Wylie City Limits. There will be multiple residential lot types including 9,000 sq.ft., 8,400 sq.ft., 7,200 sq.ft. and 5,500 sq.ft. lots. Regarding residential development, there will also be a City Council approved set of Development Standards, protective covenants, as well as a Homeowners Association. Herzog Development Corporation, with required council approval, plans to begin development of the golf course this year. Residential development in Wylie is expected to commence in three to five years. Action Agenda Presentation Page 1 The Herzog Development Corporation is requesting this development to be established as a Planned Development District. According to the City of Wylie's adopted Zoning Ordinance, a Planned Development District's general purpose and description is as follows: A planned development district is intended to provide for the combining and mixing of uses allowed in various districts with appropriate regulations, and to permit growth flexibility in the use and design of land and buildings in situations where modification of specific provisions of this ordinance (Zoning Ordinance) is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. A "PD" district may be used to permit new and innovative concepts in land utilization. In order to establish a Planned Development District (PD), the developer must follow basically a two-step process which includes submitting for approval a Conceptual Plan and a Development Plan. The developer must first submit for approval a Conceptual Plan. The Conceptual Plan must show the applicant's intent for the use of the land within the proposed development in a graphic manner and as required by staff, be supported by written documentation of proposals and standards for development. The Conceptual Plan must also show thoroughfares, preliminary lotting arrangements and other pertinent development data deemed necessary. Once staff has determined that the applicant has provided sufficient information, a Public Hearing must be held at which the Conceptual Plan will be submitted to the Planning and Zoning Commission to consider recommending approval or denial of the Conceptual Plan to the City Council. Once the Planning and Zoning Commission has taken action, the City Council will call a Public Hearing at which the Conceptual Plan will be submitted for approval. The second phase of establishing a PD District is submitting for approval a Development Plan. The initial Development Plan must be submitted for approval within six months from the approval of the Conceptual Plan. If the Development Plan is not submitted within six months, the Concept Plan is subject to reapproval by the Planning and Zoning Commission and City Council. The Development Plan shall set forth the final plans for the PD District and needs to conform to the data presented and approved on the Conceptual Plan. The Development Plan is a complete site inventory analysis of what is to be developed. This plan will include, but not be limited to, detailed lot information, existing and proposed public infrastructure and utilities, all public right of ways and easements, screening and landscaping and other pertinent data as required by staff. The Planning and Zoning Commission will again meet and consider a recommendation of approval or denial to the City Council for the Development Plan. Once the Planning and Zoning Commission has taken action, the Development Plan will be submitted for approval to the City Council. Action Agenda Presentation Page 2 The ordinance establishing the PD District will not be approved until a Development Plan has been approved. The Development Plan may be approved in phases. If phasing is proposed, separate approvals by the Planning and Zoning Commission and City Council for the initial and subsequent sections will be required. Approval of the Development Plan shall be the basis for the issuance of any building permits. On January 6, 1997, Don Herzog made a presentation to the Planning and Zoning Commission describing the Woodbridge Development Conceptual Plan. On January 20, 1997, the Commission met and had the opportunity to express any concerns they may have had. Concerns raised included the following: • 5,500 sq.ft. lots being allowed and setting a precedence (Sec.2.09) Note: Staff informed the Commission that current residential development standards remain in effect and that each individual PD proposal would be evaluated on its own merits. • Adequate utility service (3.06) Note: Staff informed the Commission that the developer, at his sole expense, is required to provide adequate utility service to the development. • When and how impact fees are collected (3.13) Note: Staff informed the Commission that Herzog Development Corp. has been made aware that the City has an adopted ordinance stating that Impact Fees are to be collected at the time the Developer submits the Development Plan (Final Plat) and does not intend to waive such requirement. • The time frame allowing the Planned Development District as well as the Concept Plan approval to remain in effect (Sec. 3.02, b(5)) Note: Clarification of this issue will be resolved before Council gives approval of the Conceptual Plan. • The time frame of development (3.03) Note: Clarification of this issue will be resolved before Council gives approval of the Conceptual Plan. • The issue of who exactly will maintain the parkways and medians of major and secondary thoroughfares (Section 3.09) Note: Mr. Herzog said that he intends to amend this section and clarify that it will be up to the City if and when the City will maintain the parkways and medians of major and secondary thoroughfares. Action Agenda Presentation Page 3 Board Recommendations The Planning and Zoning Commission recommended approval of the Conceptual Plan and the Development Standards by a vote of four (4) to three (3). However, a condition of the approval was that Mr. Herzog clarify that it would not be the City's responsibility to maintain the parkways and medians of secondary and major thoroughfares within the development unless the City agreed to do so. Financial Considem ions- N/A Legal Considerations N/A Staff Recommendation N/A Attachments Development Standards Site Plan Map Location Map Area Zoning Map Action Agenda Presentation Page 4 EXHIBIT "C" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS CITY OF WYLIE, TEXAS 1.0 PLANNED DEVELOPMENT DISTRICT • 1.01 Purpose: The purpose of this Planned Development District is intended to provide for the mixing and combining of uses allowed in various districts with appropriate land use regulations and development standards. Each permitted use is planned, developed or operated as an integral land use unit while providing flexibility in the use and design of land and buildings where modification of specific provisions of this ordinance is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. While flexibility is given to provide special restrictions which allow for new and innovative concepts in land utilization and development not otherwise permitted, procedures are established to insure against misuse of the increased flexibility. 1 02/06/97 2.0 PLANNED DEVELOPMENT - SINGLE FAMILY RESIDENTIAL Tract A-1 2.01 General Description: The residential tracts are intended to accommodate a variety of single family residential uses. The residential units will be comprised of R-9.0 Single Family, R-8.4 Single Family, R-7.2 Single Family, R-5.5 Single Family and Patio Home. Development standards for each of the aforementioned housing types are outlined within this text. 2.02 Permitted Uses: Land uses permitted within residential areas, indicated as Tract A-1 on Exhibit "A", are as follows: a. Residential units as described herein. b. Permitted uses referenced in Section 11.1 of Ordinance No. 85-23A of the City of Wylie Zoning Ordinance as it currently exists. c. Private or public recreation facilities. d. Churches/rectories, but not including mission tents or revival tents. e. Schools- public or state accredited, and having no rooms regularly used for housing or overnight lodging. f. Day care centers. g. Utility distribution lines and facilities. h. Parks, linear greenbelt areas, trails and walkways, playgrounds and neighborhood recreation facilities, golf course, maintenance facility and 2 02/06/97 yard, and associated office uses, including, but not limited to, swimming pools, clubhouse facilities, tennis courts, and practice range. i. Fire stations and public safety facilities. j. Real estate sales offices and model homes during the development and marketing of the residential areas. k. Public and private streets, alleys and utility easements. Private streets shall be permitted only if approved by the City Council at the time of platting. 1. Electronic security facilities including gatehouse and control counter. m. Directional signs pertaining to the development. n. Accessory buildings which are not a part of a main building are to be constructed in accordance with Section 26 of ordinance No. 85-23A of the City of Wylie Zoning Ordinance as it currently exists. o. Temporary buildings, advertising signs, and uses incidental to construction work on the premises, which shall be removed upon completion. p. Uses similar to the above mentioned permitted uses, provided, however, that the City Council shall approve said use prior to the issuance of a building permit. q. Home occupations which are secondary to the primary residential use and which involve the manufacture, assembly, sale or service of goods, or which involve the providing of a service, subject to the following conditions: 3 02/06/97 1. The home occupation is conducted entirely within a dwelling unit which is the bona fide residence of the practitioner(s) (not to include a driveway, yard or outside area). 2. Participation in the home occupation shall be limited to family members residing in the home. 3. The lot and dwelling maintain their residential character. Neither the interior nor the exterior of the dwelling shall be structurally altered so as to require compliance with nonresidential construction codes to accommodate the home occupation. No additional buildings shall be added on the property to accommodate the home occupation. 4. The home occupation does not generate customer-related vehicular traffic in excess of two (2)vehicles at any one time and a total of five(5)vehicles per twenty-four (24) hours a day in the residential neighborhood. 5. No direct selling of merchandise occurs on the premises. 6. No equipment or materials associated with the home occupation are displayed or stored where visible from anywhere off the premises. 7. The occupation produces no external noise, vibrations, smoke, dust, odor, heat, glare, fumes, electrical interference or waste 4 02/06/97 run-off outside the dwelling unit or on the property surrounding the dwelling unit. 8. No vehicle used in connection with the home occupation which exceeds one (1) ton capacity is parked on the premises or on any street adjacent to the residentially zoned property. 9. The home occupation does not advertise with signage on the premises, nor shall the street address of the home occupation be advertised through signs, billboards, television, radio, newspapers or telephone directories. Provided, however, that nothing herein shall be construed to allow the following businesses or occupations in residential neighborhoods as home occupations: animal hospitals, animal breeding, clinics, hospitals, contractor's yards, dancing schools,junkyards, restaurants, rental outlets, vehicle repair shops or massage parlors. r. Concrete batch plant, temporary during construction when permitted by code enforcement. 2.03 Density: The overall maximum allowed residential units for Tract A-1 shall not exceed 980 units. 2.04 Garage, Parking and Driveway Requirements: Garage, parking and driveway requirements for single family development areas shall be as follows: 5 02/06/97 a. Two (2) off-street parking spaces shall be provided on the same lot as the main structure. In conjunction with this requirement, a two (2) car enclosed garage shall be provided for each unit. Garage parking shall be behind the front building line. The entrance to any attached or detached garage shall be allowed to face any street subject to paragraph 2.04(c) below. b. No parking space, garage or other automobile storage space or structure shall be used for storage of any commercial vehicle with the exception that a recreation vehicle, travel trailer, boat or similar equipment may be stored off-street and behind the front building line by the owner or occupant of the residential premises in accordance with the screening portion of this ordinance. c. No driveway entrances shall be allowed to be constructed on the side or rear lot line adjacent to any or Secondary Thoroughfare (Designation F per subdivision regulations). d. Parking lots required to serve the uses permitted in this district shall have concrete surface pavement required for all applications. 2.05 Building Materials: The building materials requirements shall be as follows: a. A minimum of seventy-five (75) percent of the total exterior wall surfaces of all main buildings shall have an exterior finish of stone, brick, or other masonry veneer as otherwise approved by the Building Official. If there is 6 02/06/97 a window or door, including garage doors, that is on a wall with masonry on both sides, then it can count as part of the masonry requirement. If there is wood siding around the window, door or garage door, it counts as wood siding. Regarding gables, if in front of an attic space, the gable is exempt from masonry requirement. If the gable is in front of a living space, it is considered into the calculation of masonry. b. Detached, free-standing garages, whether attached to the main building by a covered walkway or not, must be clad in one of the materials of the main structure. c. If a detached garage is constructed on a corner lot or has sides adjacent to any street or thoroughfare that is not screened by a masonry screening wall, then seventy-five (75) percent of the garage structure must be of same masonry material as the residence. 2.06 R-9.0 Single Family: R-9.0 Single Family units are single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand eight hundred (1,800) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be nine thousand (9,000) square feet. 7 02/06/97 c. Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be seventy (70) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of sixty (60) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred ten(110) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty(20) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen(15)feet. g. Side Yard: The minimum side yard on each side of the lot shall be seven (7) feet. A side yard adjacent to a street shall be a minimum of fifteen(15) feet. 8 02/06/97 h. Rear Yard: The minimum depth of the rear yard shall be twenty(20)feet, if the rear yard is adjacent to another residential lot, and ten(10) feet if adjacent to open space, parks or golf course. If the rear lot line abuts a dedicated alley, the garage door must be set back a minimum of twenty (20) feet. i. Maximum Building Height: Buildings shall be a maximum of two and • one-half(2' ) stories, or thirty five (35) feet. 2.07 R-8.4 Single Family: R-8.4 Single Family units are another form of single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand six hundred (1,600) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be eight thousand four hundred (8,400) square feet. c. Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. 9 02/06/97 d. Lot Width: The minimum width of any lot shall be seventy(70)feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of sixty(60) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred ten(110) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty(20) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen (15)feet. g. Side Yard: The minimum side yard on each side of the lot shall be seven (7) feet. A side yard adjacent to a street shall be a minimum of fifteen(15) feet. h. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet, if the rear yard is adjacent to another residential lot, and ten(10) feet if adjacent to open space, parks or golf course. If the rear lot line abuts a dedicated alley, the garage door must be set back a minimum of twenty (20)feet. 10 02/06/97 i. Maximum Building Height: Buildings shall be a maximum of two and one-half(21/2) stories, or thirty five (35) feet. 2.08 R-7.2 Single Family: R-7.2 Single Family units are another form of single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand four hundred (1,400) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be seven thousand two hundred (7,200) square feet. c. Lot Coverage: In no case shall more than forty five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be sixty (60) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of fifty(50) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street 11 02/06/97 elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of ninety (90) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty (20) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen(15) feet. g. Side Yard: The minimum side yard on each side of the lot shall be five (5) feet. A side yard adjacent to a street shall be a minimum of fifteen(15) feet. h. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet if the rear yard is adjacent to another residential lot, and ten(10) feet if adjacent to open space, parks or golf course. If the rear lot line abuts a dedicated alley, the garage door must be set back a minimum of twenty (20) feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half(21/2) stories, or thirty five(35) feet. 2.09 R-5.5 Single Family: R-5.5 Single Family units may be either single family detached units or patio homes (zero-lot-line homes in which the unit is sided on, or adjacent to, one of the side lot lines) consisting of moderately sized housing units and lots. These residential units will have access and frontage on a public or 12 02/06/97 private road. Building and area requirements for single family detached units are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand two hundred (1,200) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be five thousand five hundred (5,500) square feet. c. Lot Coverage: In no case shall more than fifty(50) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be fifty(50) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of forty-five(45) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points 13 02/06/97 on front and rear lot lines, of ninety (90) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty (20) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen(15) feet. g. Side Yard: The minimum side yard on each side of the lot shall be five (5) feet. A side yard adjacent to a street shall be a minimum of fifteen(15) feet. h. Rear Yard: The minimum depth of the rear yard shall be fifteen(15) feet if the rear yard is adjacent to another residential lot, and ten(10) feet if adjacent to open space, parks or golf course. If the rear lot line abuts a dedicated alley, the garage door must be set back a minimum of twenty (20) feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half(21/2) stories, or thirty five (35) feet. Building and area requirements for patio homes are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand two hundred (1,200) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be five thousand five hundred (5,500) square feet. 14 02/06/97 c. Lot Coverage: In no case shall more than fifty(50) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be fifty(50) feet at the front building line, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of forty five (45) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of ninety(90) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty(20) feet except, for side entry garages which shall have a minimum front yard depth of ten (10) feet. g. Side Yard: Side yard setbacks shall be zero (0) feet to three(3) feet on one side (the zero side), and seven(7) feet to ten(10) feet on the opposite 15 02/06/97 side. A minimum separation of ten (10) feet is required between structures. A side yard adjacent to a street shall be a minimum of fifteen (15) feet. h. Rear Yard: The minimum depth of the rear yard shall be ten (10) feet. If the rear lot line abuts a dedicated alley, the garage door, if provided, must be set back a minimum of twenty (20) feet. Maintenance Easement: 1. A maintenance easement, to provide access to an adjacent garden home, of not less than four(4) feet or more than seven(7) feet in width extending along the entire side lot line shall be established on each lot adjacent to a garden home lot and shown on the final plat. 2. The maintenance easement shall be maintained as an open space. However, the Building Official may approve fences and horizontal construction at grade level, such as a deck not exceeding twelve (12) inches above grade, or paved surfaces in the maintenance easement upon a finding that it does not impede the use of the easement for the maintenance and drainage of the adjoining structure. j. Maximum Building Height: Buildings shall be a maximum of two and one-half(21/2) stories, or thirty five (35) feet. 16 02/06/97 2.10 General Requirements: a. Due to existing topographic and physical site features, curvilinear streets will be constructed within portions of the residential tracts. This does not mandate that all residential streets within any particular phase will be curvilinear or that all residential tracts or plats within any particular phase will incorporate the use of curvilinear streets. b. Provisions allowing for outside storage within the tract(s) covered by this ordinance are as follows: 1. Prohibition: A person commits an offense if he or she keeps, maintains or stores, outside of a building, on any property zoned for single family use, any personal property which is visible from a public street or alley, or is visible from private property which is under separate ownership, including but not limited to household items, building materials, automotive parts, equipment, etc., without proper screening and located in allowed outside storage areas only. It shall not be a defense to prosecution that such items were covered with a tarp or similar covering. 2. Exception: It is not an offense to keep, store or maintain personal property customarily found outside of a building on property zoned for single family use such as lawn furniture, dog houses, landscape containers, etc. 17 02/06/97 3. Parties Responsible: The owner (or owners) and persons in control of such residentially zoned property are responsible for violations of this subsection. 18 02/06/97 3.0 PLANNED DEVELOPMENT- GENERAL CONDITIONS 3.01 Conformance to the Wylie Zoning Ordinance: Except as amended herein, this Planned Development shall conform to any and all applicable articles and sections of the City of Wylie Zoning Ordinance, Ordinance No. 85-23A, as it presently exists. 3.02 Procedures of the Planned Development District: a. Zoning Exhibit: A zoning exhibit is hereby attached and made a part of the approval for this Planned Development District. This zoning exhibit, indicated as Exhibit "A" sets forth an overall property boundary description, and the designation of a zoning tract, identified by number which corresponds to the tract in Exhibit "C". b. Conceptual Plan: 1. The Conceptual Plan is hereby attached and made a part of the approval for this Planned Development District as Exhibit "D". 2. The Conceptual Plan shall show topography, land uses including parks and open space, streets, the lot layout for single family residential development, thoroughfares and other features which graphically explain the standards and conditions set forth in Exhibit 19 02/06/97 3. Changes of detail including lot configuration which do not alter the uses permitted, density or development standards contained herein, may be authorized by the city manager or his or her designee. c. Development Plan: 1. A Development Plan shall set forth the plans for development of the Planned Development District or any part thereof and shall reasonably conform to the data presented and approved on the Conceptual Plan. 2. The initial Development Plan for any section or part thereof of the Conceptual Plan shall be submitted for approval within six(6) months from the approval of the Conceptual Plan to ensure validity of the approved Conceptual Plan. If development of the approved Development Plan is not completed within (2)years from approval, the Planning&Zoning Commission and City Council may review the original Conceptual Plan to ensure its continued validity. 3. If the initial Development Plan does not comprise the entire area of the approved Conceptual Plan, a subsequent Development Plan for any remaining section or part thereof of the Conceptual Plan shall be submitted for approval within twenty four(24) months from the approval of the initial Development Plan. Subsequent Development Plans shall be submitted for approval within twenty four(24) 20 02/06/97 months from the most recent approved Development Plan until the entire area shown on the Conceptual Plan has been submitted for Development Plan approval. The development of each approved Development Plan shall be completed within two (2) years from approval. If development of any approved Development Plan is not completed within two (2) years from its respective approval date, the Planning&Zoning Commission and City Council may review any remaining portion of the Conceptual Plan to ensure its validity. 4. Approval of any Development Plan shall be the basis for issuance of a building permit. 3.03 General Compliance: Except as amended by these conditions, development of property within this Planned Development must comply with the requirements of all ordinances, rules and regulations of the City of Wylie as they presently exist. 3.04 Street Design Standards: All paved areas, permanent drives, streets, (dedicated or private) and drainage structures must be constructed in accordance with standard City of Wylie, specifications as they presently exist. However, the following criteria shall apply: a. The minimum centerline radius for a secondary thoroughfare (minimum sixty(60) foot right-of-way) shall be three hundred fifty(350) feet and a minor residential street (minimum 50 foot right-of-way) shall be one hundred fifty (150) feet. 21 02/06/97 b. A cul-de-sac length shall not be longer than six hundred (600) feet. c. The pavement thickness for residential streets shall be six (6) inches. 3.05 Maintenance of Facilities: Prior to the approval of a final plat a homeowner's association, property owner's association, membership association or other entity that will be responsible for the maintenance of all common areas and/or common facilities contained within the area of development must be established. The city • shall be under no obligation for operation or maintenance of the above facilities without prior city acceptance and approval. 3.06 Screening Walls: a. Unless otherwise approved by the City Council or their designee, screening walls shall be provided along the side or rear lot lines adjacent to major thoroughfares and secondary thoroughfares. The screening wall shall be constructed of stone, stucco, brick, concrete block, concrete, wrought iron or similar materials, or any combination thereof. The design and location of screening walls shall be submitted for approval with the Development Plan or Preliminary Plat. b. A screening fence shall be required for the storage of a recreation vehicle, travel trailer, boat or similar equipment. The screening fence shall be constructed of wood or masonry and shall be a minimum of six(6) foot in height and be in accordance with all applicable city ordinances. 22 02/06/97 3.07 Hiking and Jogging Trail Along Secondary Thoroughfares and Residential Streets: A six(6) foot wide concrete hiking and jogging trail may be constructed on one (1) side of the secondary thoroughfares and residential streets in lieu of sidewalks on both sides of the designated streets. In order to provide for a meandering trail, the pavement for the secondary thoroughfares and residential streets shall be allowed to be offset a maximum of five (5) feet from the center of the right-of-way to provide for additional parkway on one (1) side of the designated streets for the construction of the meandering trail. 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S F- - 1 j ,"' 86 - 24 • A 1 ,,j'` 86 -26 A A . . - 86 -26 WYLIE CITY COUNCIL tV1: 1 CONSENT AGENDA ITEM NO 1 February 11,1997 Consider Approval of the Minutes for January 21 and January 28, 1997. Consent Agenda Item No 1 Page 1 Minutes of the Wylie City Council January 21 , 1997 CALL TO ORDER Mayor Jim Swartz called the Special Called City Council Meeting to order, January 21, 1997 at 7:00 p.m. with the following Councilmembers present: Wanda Sparks, Cleo Adams, Joel Scott, John Mondy and J. C. Worley. Reta Allen was absent. Staff members present were: Mike Collins, City Manager, Mindy Manson, Assistant to the City Manager, Susan Shuler, City Secretary, and Richard Abernathy, City Attorney. EXECUTIVE SESSION Executive Session was held at 7:05 p.m. under Section 551.071 Consultation with Attorney, 551.072 Deliberations about Real Property and 551.075 Conference with Employees to Receive Information and Question Employees regarding pending litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District. Mayor Swartz announced that the Executive Session closed to the public ended at 8:00 p.m. WORKSESSION Wylie Home Rule Charter Abernathy stated that it would be difficult to get a review and recommended changes to the charter ready for the May, 1997 municipal election. Mondy expressed a desire to appoint a charter review committee after the My, 1997 election to work on the charter revisions for the May, 1998 election. Mondy also stated that he would like issues such as Council length of term and a bi-annual budget reviewed. STAFF REPORTS Collins gave an overview of the upcoming Kansas City Southern Railroad Town Hall Meeting to be held Tuesday, February 4 at the Municipal Complex. He stated that KCS would make a slide presentation and then a question and answer period would be held. He also stated that the City was in the process of looking at the possibility of obtaining the services for an Intermodal Consultant. He said the consultant would work with the City and the Development Corporation to determine the needs and help with any concerns during the KCS development process. Scott asked if the school zones near the Birmingham Elementary School could have the double sided lights and the school zone sign on Kirby by Hartman Elementary needs lights. Minutes of the Wylie City Council,January 21, 1997, Page 1 Collins stated that due to the recent school bus accident, there would be signage to reflect no thru traffic on Hensley Lane. Mondy asked if there was a state law on required training for bus drivers? Worley stated that the traffic lights at FM 544 and FM 1378 need to cycling properly due to the bus traffic. Manson stated that the resubmittal date for the Texas Parks and Wildlife Grant was February 28, 1997. Shuler stated that Student Government Day would be held April 23, 1997. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. Jim Swartz, Mayor Susan Shuler, City Secretary Minutes of the Wylie City Council,January 21, 1997, Page 2 Minutes of the Wylie City Council January 28, 1997 CALL TO ORDER Mayor Jim Swartz called the City Council Meeting to order, January 28, 1997 at 7:00 p.m. with the following Councilmembers present: Wanda Sparks, Cleo Adams, Joel Scott, Reta Allen and J. C. Worley. John Mondy was absent. Staff members present were: Mike Collins, City Manager, Mindy Manson, Assistant to the City Manager, Susan Shuler, City Secretary, Mike Phillips, Director of Community Development, Brady Snellgrove, Finance Director, Jack Jones, Supt. of Public Works and Greg MacLean, Consulting Engineer. CONSENT AGENDA 1) Consider Approval of Minutes for January 14, 1997 2) Consider Approval of Final Plat for the Newport Harbor Phase II Subdivision submitted by Myran Corporation 3) Consider Adopting the Water and Waste Water Master Plan 4) Consider Setting a Date of March 11, 1997 for the Public Hearing to Consider the 10 Year Capital Improvements Program (1997-2006) and Impact Fees Adams made the motion to approve the Consent Agenda and Worley seconded the motion. The motion was voted on and passed unanimously. ACTION ITEM Public Hearing and Adoption of a Resolution Approving the Land Use Assumptions, 1997-2006 Phillips gave an overview of the Land Use Assumptions. He stated that the Land Use Assumptions had four main components: a service area map, which shows the proposed service area for water and waste water; base data, which is information on existing use and population as of December 1996; land use and growth assumptions for the next ten years; and the ultimate buildout conditions of the service area. He said there were factors in considering the projections such as character, type, density and quantity of existing development, existing zoning patterns, future land uses, availability of land for expansion, physical holding capacity of the City and location and configuration of vacant land. Minutes of the Wylie City Council,January 28, 1997, Page 1 Mayor Swartz opened the public hearing and with no comments from the public, the public hearing was closed. Adams made the motion to adopt the resolution approving the Land Use Assumptions, 1997-2006. Scott seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS Snellgrove said that the auditors had finished the audit and were in the process of preparing a written report. He said all indications were favorable. Shuler stated that Student Government Day would be held April 23, 1997. Mayor Swartz stated that February 24, 1997 would be the City Manager Review. CITIZEN PARTICIPATION Kenneth Wilson, 204 Westgate Way - He would like to get help for code enforcement to get the construction trash cleaned up in his neighborhood. EXECUTIVE SESSION Executive Session was held at 7:30 p.m. under Section 551.072 Deliberations about Real Property and 551.075 Conference with Employees to Receive Information and Question Employees regarding pending litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District. Mayor Swartz announced that the closed meeting ended at 7:35 p.m. and reconvened into open meeting. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. Jim Swartz, Mayor Susan Shuler, City Secretary Minutes of the Wylie City Council,January 28, 1997, Page 2 WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 2 February 11, 1997 Issue Discuss and consider approving a resolution ordering a Joint Election with the Wylie Independent School District on May 3, 1997. Background The offices currently held by Councilmen Joel Scott, John Mondy and J. C. Worley are subject to re-election. The resolution proposed will call the joint election with the Wylie Independent School District on May 3, 1997 and a run-off date of June 7, if necessary. The resolution stipulates the polling places where qualified voters can cast ballots for the election. It also outlines the early voting by personal appearance locations. Early voting will take place at the Municipal Complex beginning April 15, 1997 through April 29, 1997. There will be an extended hour voting on Thursday, April 24, 1997 through 7:00 p.m. and on Saturday, April 26, 1997 from 8:00 a.m. to 5:00 p.m. The County has added one new early voting location in Plano. The Collin County Election contract shall designate the election judges for this joint election. The first day to file for office is February 17, 1996. The last day to file is March 19, 1997 before 5:00 p.m. Candidate packets, include an application for office, petition for office, financial contributions report, designation of campaign treasurer and other helpful information are available in the City Secretary's office. The State Legislature passed a bill that enables municipalities to cancel the election if all of the candidates are running unopposed or there are no propositions on the ballot. If at the end of the filing deadline, all candidates are unopposed, a certification will be delivered to the Council declaring the candidates are unopposed. On receipt of the certification, the Council by ordinance may declare each unopposed candidate elected to the office. If a declaration is made, the election is not held. A copy of the ordinance shall be posted on election day at each polling place that would have been used in the election. A certificate of election shall be issued to each candidate in the same manner as provided for a candidate elected at the election. Consent Agenda Item No 2 Page 1 Financial Consideration Three thousand five hundred dollars ($3,500.00) has been budgeted for the city's share in the joint elections. Details of the cost sharing can be found in the elections services contract with the Collin County Elections Administration. Legal Consideration The Texas Election Law, Chapter 3 gives direction in ordering the election. The resolution, if approved, will meet statutory requirements for ordering the municipal election under Article 5, Sections 1-7 of the Home Rule Charter. Section 2.051, Subchapter C of the Texas Election Law applies to the ruling on an unopposed candidate. Staff Recommendation Staff recommends approval of the resolution. Attachments Resolution Copy of Election Calendar Qualifications for Candidacy f. , 2&<-- Tatkit. 6AAO. Prepared by Re i wed by Fin ce City Manager Approval Consent Agenda Item No 2 Page 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ORDERING A JOINT ELECTION TO BE HELD ON MAY 3, 1997, FOR THE PURPOSE OF ELECTING THREE (3) MEMBERS, (PLACE 1, 3, AND 5), TO THE CITY COUNCIL TO HOLD OFFICE FOR A PERIOD OF TWO YEARS; DESIGNATING LOCATION OF POLLING PLACE; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1: An election is hereby ordered to be held jointly with the Wylie Independent School District on Saturday, May 3, 1997, for the purpose of electing three (3) City Councilmembers to fill the following expiring terms on the Wylie City Council; Place No. 1, Place No. 3, and Place No. 5, each such term being for a period of two (2) years. SECTION 2: The polling place where qualified voters shall cast ballots at such location in the City of Wylie 1997 regular municipal election is as follows: County Election Precincts Polling Place All City Precincts Precinct 25 Southfork Mobile Home Park 210 Southfork Blvd. Precincts 27, 56 & 83 First United Methodist Church 109 W. Jefferson Wylie, Texas Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election. SECTION 3: Early voting by personal appearance shall be available at the Collin County Sub Courthouse, 920 E. Park, Suite 120, Plano, Texas, Collin County Courthouse Lobby, 210 S. McDonald Street, McKinney, Texas and Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas, beginning on Monday, April 14, 1997 through Tuesday, April 29, 1997, during the normal working hours of 8:00 a.m. to 7:00 p.m. with extended voting hours on Thursday, April 24, 1997 from 8:00 a.m. to 7:00 p.m. and Saturday, April 26, 1997 from 8:00 a.m. to 5:00 p.m. Applications for ballot by mail shall be requested from and mailed to Bill Bilyeu, Collin County Elections Administrator, Collin County Elections Administration Office, 920 E. Park Blvd., Suite 120, Plano, Texas 75074. Applications for ballots by mail must be received no later than the close of business on April 25, 1997. SECTION 4: The City Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this election. The Collin County Election contract shall designate the election judges for the joint election. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ON THIS THE 11TH DAY OF FEBRUARY, 1997. Jim Swartz, Mayor Susan Shuler, City Secretary TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM Preliminary Election Calendar For a City's General Election on May 3, 1997 This Calendar shows the dates for the various actions connected with a general election of city officers to be held on May 3, 1997 (the first Saturday in May). It includes all major actions for which the Election Code prescribes a specific date or deadline for performance but it does not include all actions (e.g., preparation of ballot boxes and other election equipment and of sets of precinct election forms) for which the beginning date for performance can vary widely from one city to another, depending on local factors such as the size of the city and the number of election precincts, the type of voting equipment in use, the size of the city secretary's staff, etc. Each city secretary should use the chart in M.§9-02 of the Texas Municipal Election Law Manual in conjunction with this Calendar to fill in those dates on an election calendar created in accordance with local conditions (see M.§9-03). If this Calendar recommends a discretionary date but the city secretary prefers a different date, he should draw a line through the recommended date and enter the chosen date on his calendar. Column 5 is included in the Calendar as an aid in making up a calendar for a general election held on a uniform date other than the first Saturday in May (see M.§12-03). The column shows the time interval between the date of the action and election day. For example, the notation "75th" in the entry for February 17 means that the first day for filing an application for a place on the ballot is the 75th day before election day; the notation "60th" in the entry for July 2 means that the normal preservation period for precinct election records expires on the 60th day after election day. (See M.§18-10 for an explanation of the timing for the first entry in the Calendar.) In making up a personal calendar, the city secretary should keep in mind the rule in E.C. §1.006 that if the last day for performance of an action falls on a Saturday, Sunday, or a state or national holiday, the deadline date usually is extended to the next regular business day (see M. §2-16). Major steps are in BOLD PRINT. Steps for.early voting are in ITALICS. By or With Sec. Ref. Col- Date Action Whom Taken in Manual umn 5 Jan. If not already done, city secretary should City Secretary 7-11 121st 2 obtain or replenish, if necessary, a supply et seq. of the following forms: candidate's appli- 18-10 cation for place on ballot; appointment of campaign treasurer (candidate and specific- purpose committee); report of contributions and expenditures (candidate-officeholder and specific-purpose committee); applica- tion for mail ballot. Also a set of admini- strative forms if ordered from a supply house. (Set up schedule for ordering pre- cinct sets and other forms if they are to be ordered later.) Oct. 1996 1 PRELIMINARY ELECTION CALENDAR FOR 1997Continued By or With Sec. Ref. Col- Date Action Whom Taken in Manual umn 5 Jan. 2-24 Review recommendation for following City Secretary 9-02 121 st steps listed in M.§9-02 for possible and 20-06 to needed or desired action and submission Council 14-03 99th for preclearance under Federal Voting Rights Act, if necessary: Steps 1 through 5 (revising election precincts; designating polling places; changing method of voting if equipment is available but not adopted for use or if acquisition of equipment by city is desired); Step 12 (establishing or changing terms of election judges); also, any other action already taken by council for which preclearance is required but not yet submitted. 15 Last day for timely filing of semi- City Secretary 18-05 annual report of contributions and expenditures. [5] Jan. 16- Recommended period to submit requests City Secretary 20-06 107th Feb. for PRECLEARANCE. to 78th 14 Feb. Recommended period for ISSUING Mayor [1] 10-03 89th 3-14 ELECTION ORDER and POSTING 10-12 thru NOTICE of ELECTION on bulletin 78th board. 17 FIRST DAY FOR FILING City Secretary 11-05 75th APPLICATION for place on ballot. 11-07 [6] 17 Recommended beginning date for City Secretary 4-08 75th preliminary work on appointment of [6] election judges. 17 First day a write-in candidate may file City Secretary 11-01 75th his declaration. E.C. §146.025, [6] §146.054, & §146.055. 2 PRELIMINARY ELECTION CALENDAR FOR 1997Continued By or With Sec. Ref. Col- Date Action Whom Taken in Manual umn 5 Mar. 4 First day to apply for mail ballot. City Secretary 16-51 60th Note 48 hour waiting period before a et seq. voter's application is available to public. 17-01 Note the Federal postcard exception. 4 First•day of the period Texas Ethics City Secretary/ 18-01 60th Commission will defer investigation Texas Ethics until after election (or runoff) if an Commission allegation is filed. 10-21 Recommended period for APPOINT- Council [1] 4-03 54th ING ELECTION JUDGES. [9] 4-04 thru (Schedule for first council meeting after 4-05 43rd period if no meeting during period.) 10-02 City Secretary sends notice of appointment not later than 20th day after appointment. 14 Beginning date of period for City Secretary 2-15 50th mandatory office hours. 16 Remove candidate's name from ballot if City Secretary 11-25 48th he dies on/before March 16. [7] 17 Recommended last day to POST 72 City Secretary 8-06 47th HOUR NOTICE OF DRAWING before drawing for order of names on ballot. 18 Recommended LAST DAY FOR City Council 3-06 46th ORDER DESIGNATING ELEC- 3-08 TION PRECINCTS AND POLLING 10-12 PLACES. (Preclearance may be needed.) 19 First day to mail early ballots, if City Secretary 16-57 45th available. Note 24 hour waiting period 6-32 before roster is available to public. Oct. 1996 3 PRELIMINARY ELECTION CALENDAR FOR 1997Continued By or With Sec. Ref. Col- Date Action Whom Taken in Manual umn 5 Mar. (continued) 19 LAST DAY FOR FILING City Secretary 11-05 45th APPLICATION FOR PLACE ON [4] 11-06 BALLOT (must be received by 5 p.m.). 19 Recommended LAST DAY TO City Secretary 6-35 45th REQUEST voter registrar to prepare 7-42 lists of registered voters and furnish affidavit of residence forms to be used in conducting the election. 19 STATUTORY LAST DAY FOR Mayor [1] 10-03 45th ORDERING ELECTION. [9] 10-01 19 LAST DAY FOR A REGULAR City Secretary 11-01 45th WRITE-IN CANDIDATE TO DE- [4] CLARE CANDIDACY by 5 p.m. for general election. E.C. §146.054 19 Recommended deadline for early voting City Secretary 16-72 45th clerk to determine whether a signature verification committee may be needed. 24 Last day to declare by 5 p.m. City Secretary 11-01 40th replacement write-in candidacy for [4] if office of a candidate who has a place on applicable a ballot but who has died or has been determined to be ineligible after the 48th day before election day. E.C. §146.054 24-25 Recommended period to CONDUCT City Secretary 8-06 40th DRAWING FOR ORDER OF thru NAMES ON BALLOT and inform 39th candidates of the Statement of Elected Officials (M. §12-32). Make up ballot format and send it to the printer. 28 Last day for candidate to withdraw City Secretary 8-05 36th (withdrawal request must be received by [4] 11-22 5 p.m.). E.C. §145.092(b). Last day 11-23 4 PRELIMINARY ELECTION CALENDAR FOR 1997Continued Action By or With Sec. Ref. Col- Date Whom Taken in Manual umn 5 Mar. (Continued) 28 that a declaration of ineligibility causes omission of candidate's . name from ballot. E.C. §145.094. 28 Recommended last clay to order updated City Secretary 6-32 36th list of registered voters to be delivered ASAP after 30th day. 31 RECOMMENDED DATE TO PRINT City Secretary 8-16 33rd BALLOTS which have been prepared 6-32 earlier. As soon as printed ballots are received, city secretary designates the specimen ballot(s). Apr. 3 Due date for filing first report of City Secretary 18-06 30th campaign contributions and expendi- tures by opposed candidates and specific- purpose committees supporting or opposing opposed candidates by 5 p.m. 3 Last day for submitting voter registration Registrar 6-23 30th application in time to vote at the election 6-25 or for requesting transfer of registration in time to vote in new precinct not in the same county and territory. 3 RECOMMENDED LAST DAY TO Mayor 10-15 30th NOTIFY PRESIDING JUDGES OF DUTY TO HOLD ELECTION. 3 First day of period for inspecting and City Secretary 7-38 30th sealing voting machines to be used on election day. City Secretary posts notice at least 48 hours before inspection. 3 Minimum 10th day to post continuous City Secretary 16-72 30th notice if signature verification committee meets April 15. 3-23 PERIOD FOR PUBLISHING Mayor [1] 10-12 30th NOTICE OF ELECTION. 3-06 thru 10th 20-04 Oct. 1996 5 PRELIMINARY ELECTION CALENDAR FOR 1997Continued By or With Sec. Ref. Col- Date Action Whom Taken in Manual umn 5 Apr. 9 Last day for posting notice of schedule City Secretary 16-22 24th for branch early voting polling places. • 9-24 Possible period for posting notice City Secretary 16-22 24th amending notice of branch early polling thru 9th places. 9 Last day for inspecting and sealing City Secretary 7-38 24th voting machines to be used in early voting. E.C. §125.031(a) 11 Last day to receive application in person City Secretary 16-51 22nd for a ballot to be voted by mail, by close of business. E.C. §84.008 11 Recommended last day to request waiver City Secretary 9-45 22nd of partial manual recount of electronically counted ballots. 14 LAST DAY for POSTING NOTICE City Secretary 10-12 19th OF ELECTION on bulletin board for [1] posting notices of city council meetings. 14 First day a signature verification City Secretary 16-72 19th committee, if any, may begin operating. [2] 14 First day for early voting by personal City Secretary 16-21 19th appearance. If voting will be conducted [2] on a Saturday or Sunday, notice of schedule must be posted at least 72 hours before first hour of the weekend voting. 18 STATUTORY DEADLINE FOR Mayor 10-15 15th NOTIFYING JUDGES OF DUTY TO HOLD THE ELECTION. 18 Last day to challenge write-in candidate City Secretary 11-01 15th for compliance. 6 PRELIMINARY ELECTION CALENDAR FOR 1997Continued By or With Sec. Ref. Col- j Date Action Whom Taken in Manual umn 5 Apr. 23 LAST DAY FOR PUBLICATION OF Mayor [1] 10-12 10th NOTICE OF ELECTION. 24 First day for new illness or disability Voter 17-02 9th allowing late application for late (emergency) early voting. 25 Last day to receive application by mail City Secretary 16-51 8th for a ballot to be voted by mail, by 12 16-55 noon or close of business. E.C. §84.007(c), E.C. §101.004(b), FPCA. 25 Due date for filing second report of City Secretary 18-06 8th campaign contributions and expenditures by 5 p.m. 28 Last day for inspecting and sealing City Secretary 7-38 5th voting machines to be used on election day. (Post notice 48 hours before test.) 28 First day for death in family to qualify City Secretary 17-3 5th for late (emergency) early voting. 29 Last day of regular early voting by City Secretary 16-21 4th personal appearance. 29 As soon as early voting is over, and City Secretary 16-74 4th thru until 7:00 p.m. May 3, early voting close of ballots may be delivered to the early polls voting ballot board if notice requirements have been followed. Apr. 30 - Period to apply for late (emergency) City Secretary 17-03 3rd thru May voting because of death in family April 1st 2 29 or later. Apr. Period to apply for late (emergency) City Secretary 17-02 3rd thru 30 - early voting because of disability Election May originating on or after April 25. Day,2 pm 3 Oct. 1996 7 PRELIMINARY ELECTION CALENDAR FOR 1997Continued By or With Sec. Ref. Col- Date Action Whom Taken in Manual umn 5 Apr. 30 - Prepare list of registered voters for early City Secretary 16-76 3rd thru May voting ballot board if more than one 1st 2 early voting polling place. Apr. Last day for conducting first test of City Secretary 7-40 3rd 30 automatic tabulating equipment to be used at a polling place (at least 48 hours before use on election day). Notice must be published at least 48 hours before date of test. May 1 Last day for first test of automatic Presiding 7-40 2nd equipment to be used at central counting Judge station. Notice must be published at least 48 hours before date of test. 2 Recommended date for delivery of City Secretary 7-47 1st precinct early voting lists and supplies 16-83 to presiding election judges. 2 Recommended date for delivery of City Secretary 7-48 1st equipment to polling places (statutory deadline is 6 a.m. on election day). 2 NOTICE OF COUNCIL MEETING to City Secretary 9-42 1st canvass the returns must be posted at least 72 hours before time of meeting. (G.C. §551.001ff.) 3 ELECTION DAY. Polls are open 7 City Secretary 17-04 a.m. to 7 p.m. Voting by sick or disabled voters at main early voting place where electronic voting devices are used at precinct polling place, 8 a.m. to 2 p.m.; where lever voting machines are used, 7 a.m. to 7 p.m. 3 7 a.m. to 7 p.m. early voting clerk's City Secretary 9-23 office shall remain open for early voting activities. 3 2 p.m. deadline for late applications for City Secretary 17-02 ballots from voters who became ill or disabled April 25th or later. Oct. 1996 8 PRELIMINARY ELECTION CALENDAR FOR 1997Continued By or With Sec. Ref. Col- Date Action Whom Taken in Manual umn 5 May (Continued) 3 Deliver early voting ballots, etc. to early City Secretary 16-73 voting ballot board. Second key to ballot box is delivered by chief of police or marshal. 3 After regular mail delivery, check mail City Secretary 9-23 box for early voting mail ballots. 16-58 3 Receive precinct records, voted ballots, City Secretary 9-33 etc. (Chief of police or marshal receives Mayor 9-34 keys to ballot boxes containing voted ballots.) 3 UNOFFICIAL TABULATION OF City Secretary 9-35 RESULTS. 5 PROVIDE STATEMENT OF City Secretary 12-32 2nd ELECTED OFFICIALS to candidates who appear to have won, or may win. !++ 5-9 PERIOD FOR OFFICIAL CANVASS. Council 9-42 2nd thru Mayor sets exact day and hour. City City Secretary 9-44 6th Secretary records results in election register as soon as practicable after canvass. 5-9 Report of early votes cast for each City Secretary 16-87 2nd thru candidate or measure by election 6th precinct. 5-9 AFTER CANVASS, ISSUE Mayor 12-23 2nd thru CERTIFICATE OF ELECTION. 6th 5-14 MAYOR ORDERS RUNOFF Mayor [1] 14-04 2nd thru ELECTION, if necessary, not later 11 th than 5th day after canvass. (Open meeting). [8] 6 Partial manual count of electronically City Secretary 9-45 3rd counted ballots if waiver not obtained from Secretary of State. Oct. 1996 9 PRELIMINARY ELECTION CALENDAR FOR 1997Continued By or With Sec. Ref. Col- Date Action Whom Taken in Manual umn 5 May 9 Mail results of manual count to City Secretary 9-45 6th Secretary of State not later than 3rd day after completion, if no waiver. 9 Type A elected officials may qualify and Candidate 12-34 6th assume duties of office. L.G.C. with §22.006. City Secretary 9 Voting machines or voting devices can City Secretary 9-48 6th be released if the canvass is complete and if E.C.§126.031 and §127.181 are complied with and no request for extended security. 13 Last day of normal security period for City Secretary 9-48 10th voting machines and voting devices. Ballot labels are detached for further preservation after expiration of security period. May 27 POSSIBLE PERIOD FOR RUNOFF City 14-03 (20th thru thru ELECTION, depending on date of Secretary/ 30th clay June official canvass, unless a charter states Council after 9 otherwise. [3] [8] canvass) June LAST DAY OF MANDATORY City Secretary 2-15 40th 12 OFFICE HOURS. July LAST DAY OF NORMAL City Secretary 9-50 60th 2 PRESERVATION PERIOD for ballots and other precinct election records. 4 CONTENTS OF BALLOT BOXES City Secretary 9-50 62nd may be destroyed unless there is a contest, criminal investigation, or open records request (or city records management order). 15 Last day for timely filing of semiannual City Secretary 18-05 report of contributions and expenditures. Oct. 1996 10 Footnotes [1] Follow home-rule city's charter provision, if any. [2] In a Tuesday election, this process begins on 20th day before election day. [3] Deadline extended to next regular business day because regular deadline falls on a Saturday, Sunday, or holiday. E.C. §1.006. [4] City Secretary's office should remain open until 5 p.m. [5] January 15, 1997, is a state holiday. The report is timely if filed January 16, 1997. [6] February 17, 1997, is Presidents' Day. If your city offices are closed, move date to February 18, 1997. [7] This date does not change even though it falls on a weekend; it is not an official action. [8] There are 3 exceptions allowing the date for a runoff to be extended to a time no later than the 45th day after the official canvass. E.C. §2.025 allows the extension to accommodate a joint runoff, to avoid a holiday, or to avoid a long holiday weekend. Remember to preclear any date different from the past. [9] The city's governing body may choose to conduct a mock student election under E.C. §276.007. The major steps taken for a general election should be taken for a student election. The student election may be held on the first day before the election, but results must not be published until after the polls close on election day. NOTE ON CALENDAR FOR SPECIAL OR RUNOFF ELECTION To make up a calendar for a special election to fill a vacancy in office, see M. §13-02; for a special election on a measure, see M. §15-03; for a runoff election, see M. §14-02. NOTE ON CONTEXT When reading a section of the Election Code, do not forget to read the chapter and subchapter titles for the context of the section you are reading. Oct. 1996 11 QUALIFICATIONS CITY COUNCIL - Charter Section Article 5, Section 2, A. & B. Registered voter of Texas Resident of Wylie for at least twelve (12) months preceding the election within the corporate limits of the city. Shall not, after notice of any delinquency, be in arrears in the payment of any taxes or other liabilities due the City of Wylie. An incumbent city councilman seeking re-election must file for the same place position number currently being served. No candidate may file in a single election for more than one office or place position. No employees of the city shall continue in such position after filing for an elective office. Shall not concurrently hold an elective office with the city other than the one being filed for. Every person desiring to file for elective office with the city shall first present to the City Secretary a sufficient petition signed by a minimum of the greater of the following: a. 25 persons; or b. a number of persons equal to one-half of one percent of the total vote received by all candidates for Mayor in the most recent mayoral general election who are qualified voters in the City. WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 3 February 11, 1997 issue Discuss and consider approving a contract for election services between the City of Wylie and the Collin County Elections Administration for the May 3, 1997 Municipal Election. Background Last year the Collin County Elections Administration was contracted to conduct the Municipal Elections. The Collin County Elections Administration provided all of the judges for the election in addition to providing a professional and timely service, Saturday early voting, and an extended hour voting. The City Secretary met with Bill Bilyeu, Elections Administrator of Collin County and officials from the Wylie Independent School District to discuss the 1997 elections. Mr. Bilyeu stated that the proposed contract is basically the same as last year. However, if more entities elect to contract with the County the cost would be divided equally. The County has added the City of Frisco and Frisco Independent School District to the list of entities now contracting with the County. Financial Consideration The City was notified at the end of last year that there may be an increase in cost due to an upgrade in their election tabulation system. The total contract cost for the 1996 election was $2,665.48. State law stipulates that the county may only charge 5% over the cost of the election. They may be contracted for part or all of the election. The proposed contract states that the estimated contract expense will be $3,989.78. Mr. Bilyeu pointed out that this contract expense did not reflect the addition of the City of Frisco and Frisco Independent School District. Before the final contract is signed, the County will furnish the new estimated contract expenses. There is a provision in the contract that will allow the City to cancel their election pursuant to Section 2.051 of the Texas Election Code, with the City only paying a $50.00 preparation fee. Three thousand five hundred dollars ($3,500.00) has been budgeted for the city's share in the joint elections. Consent Agenda Item No 3 Page 1 Legal Consideration Section 51.014 of the Texas Local Government Code gives municipalities the authority to contract with other persons. Article 2, Section 1(c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants. Staff Recommendation Staff recommends approval of the contract. Attachments County Elections Contract A 4Litt..., Prepared by Revi d by Finan City Manager Approval Consent Agenda Item No 3 Page 2 THE STATE OF TEXAS CONTRACT FOR COUNTY OF COLLIN II CITY - SCHOOL WYLIE ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF WYLIE, hereinafter referred to as the "CITY," and the BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as the "SCHOOL DISTRICT," and BILL BILYEU, the Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority of Section 31.091, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City and School District May 3, 1997, Joint General Election. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Balloting Board. a. The Contracting Officer shall be responsible for notification of each Election day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City and the School District will be the accepted guidelines for the number of clerks secured to work in each polling place. The presiding election judge of each polling place, however, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the balloting board. 02/03/97 10:55 % 214 548 4695 ELECTIONS 2n002/005 Election judges shall be secured by the Contracting Officer with the approval of the City and the School District. b. Election judges shall attend the Contracting Officer's school of instruction (Elections Seminar)to be held Thursday, May 1, 1997, in the City of Plano Training Room 'A', at 6:30 P.M. c. Election judges shall be responsible for picking up from and returning election supplies to the county election's warehouse located in Plano. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge and worker shall receive $6.00 per hour for services rendered. B. The Contracting Officer shall procure, prepare, and distribute ballots, frames (ballot pages), election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, duplication ballots, and legal documentation required to run the central counting station. c. The Contracting Officer shall provide all lists of registered voters required for use on election day and for the early voting period required by law. The election day list of registered voters shall be arranged in alphabetical order by polling place, in lieu of alphabetic by each precinct in each polling place. d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 2 02/03/97 10:56 VV214 548 4695 ELECTIONS E1003/005 l. Equipment includes the rental of voting and demonstrator machines, ballot boxes, transfer cases, voting signs, directional poles and tote boxes. 2. Supplies include punch card ballots, sample ballots, early voting mail ballots, demonstrator ballots, pens, tape, markers, etc. C. The Contracting Officer, Bill Bilyeu, shall be appointed the Chief Deputy Early Voting Clerk by the City and the School District. • a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City and School District May 3, 1997, Joint General Election shall be conducted on weekdays beginning Monday, April 14, 1997, and continuing through Tuesday, April 29, 1997, between the hours of 8:00 A.M. and 5:00 P.M. On Thursday, April 24, 1997, early voting shall be conducted between the hours of 8:00 A.M. and 7:00 P.M. Early voting shall also be conducted on Saturday, April 26, 1997, between the hours of 8:00 A.M. and 5:00 P.M. c. All personal appearance voting shall be conducted during the hours detailed above at the following locations: Collin County SubCourthouse Main Early Voting Location 920 E. Park, Suite 251 Plano, Texas 75074 3 Wylie Municipal Building 2000 N. Hwy 78 Wylie, Texas 75098 Collin County Courthouse Lobby 210 S. McDonald Street McKinney, Texas 75069 d. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 920 E. Park Blvd., Suite 120, Plano, Texas 75074. 1. Application for mail ballots erroneously mailed to the City or School District shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants (FPCA) will be sent a mail ballot. No postage is required. e. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be Vickie Self. The Board shall meet for preparation of the early voting ballots on Wednesday, April 30, 1997, at 9:00 A.M. They will recess and continue the preparation process and begin tabulation after the mail is received on Saturday, May 3, 1997, at 5:00 P.M. D. The Contracting Officer shall arrange for the use of all Election Day polling places. The City and School District shall assume the responsibility of remitting the cost of all employee services required to provide access, provide security or provide custodial services for the polling locations. 4 E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.000 of the Election Code and of this agreement. Counting Station Manager shall be Bill Bilyeu. Central Count Judge shall be Sharon Rowe. The Tabulation Supervisor and Tabulation Operator shall be provided by Business Records Corporation and paid as a contract expense. a. The tabulation supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted on Thursday, May 1, 1997, at 2:00 P.M., by the Contracting Officer. c. Election night reports will be available to the City and School District at the Central Counting Station on election night. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City and School District as soon as possible after all returns have been tallied. e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 60 days. 1. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded 60 days after the election. 2. The list of registered voters can be obtained by the City and School District from the Elections Administration Office after this 60 day retention period. Pending no litigation and if the City or School District does not request the lists, they shall be destroyed by the Contracting Officer 90 days after the election. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election 5 Code and submit a written report to the City and School District in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.20 I(C) of the aforementioned code. (I. Duties and Services of the City and School District. The City and School District shall assume the following responsibilities: A. The City and School District shall prepare the election orders, resolutions, notices,justice department submissions, official canvass and other pertinent documents for adoption by the appropriate office or body. a. The Contracting Officer shall publish and post the Notice of the Public Logic and Accuracy Test of the electronic voting system and one press release. The Contracting Officer shall also prepare a certification of tabulation and a "canvass report" that will assist the City and School District with the official canvass. b. The City and School District assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City and School District shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation. a. The City and School District shall deliver to the Contracting Officer as soon as possible, but no later than Friday, March 21 , 1997, the official wording for the City and School District May 3, 1997, Joint General Election. b. The City and School District shall approve the "blue line" ballot format prior to the final printing. C. The City and School District shall post the publication of election notice by the proper methods with the proper media. 6 D. The City and School District shall prepare and submit to the U. S. Department of Justice under the Federal Voting Rights Act of 1965, any required submissions on voting changes. E. The City and School District shall compensate the Contracting Officer for any additional cost incurred in the process of running this election or for a re-count this election may require. F. The City and School District shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to March 14, 1997, to be placed in the "contract fund" as prescribed by Section 31.098 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 920 E. Park Blvd., Suite 120 Plano, Texas 75074 ATTN: Sharon Rowe Deputy Elections Administrator G. The City shall pay the cost of conducting said election, less partial payment, including the 5% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. III. Cost of Services. See Exhibit "A." IV. General Provisions. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City and School District May 3, 1997, Joint General Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 3 I.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City and School District. 7 C. If the City and/or School District cancel their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of$50. An entity cancelling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 3, 1997, Joint General Election. All actual shared costs incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 3, 1997, Joint General Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. WITNESS BY MY HAND THIS THE DAY OF 1997. Bill Bilyeu Elections Administrator Collin County, Texas WITNESS BY MY HAND THIS THE DAY OF 1997. Attested: Susan Shuler Mike Collins City Secretary City Manager City of Wylie, Texas City of Wylie, Texas WITNESS BY MY HAND THIS THE DAY OF 1997. Attested: John Simmons John Fuller Wylie Independent School District Superintendent Wylie, Texas Wylie ISD Board of Trustees Wylie, Texas 8 02/03/97 10:56 ^v214 548 4695 ELECTIONS 411004/005 City of Wylie - Estimated Contract Cost - Exhibit "A" MAY 3, 1997 02/03/97 SUPPLY COST Punch Card Ballots 3000 $40 per M $120.00 Sample Ballots 50 $0.37 each $18.50 Early Voting Mail Ballots 40 $0.51 $20.40 Demonstrator Ballots 500 $5 per C $25.00 Frames (Ballot Pages) 20 $80.00 Early voting and election day kits 4 $50 each $200.00 Cental Counting kit and supplies 1 $50 each $50.00 County precinct maps 4 $5 each $20.00 Total Estimated Supply Cost $533.90 RENTAL OF EQUIPMENT Voting Machines 15 $30 each $450.00 Transfer Cases 3 $5 each $15.00 Ballot Boxes 6 $5 each $30.00 Supply Cart 1 $1 each $1.00 Metal Signs 4 $1 each $4.00 Wood Signs 4 $2 each $8.00 0.00 $5 each $1 Large Early Voting Signs 2 0.00 Early Voting Cabinet 1 $50 each $ Demonstrator Voting Machine 6 $0.50 3 $5 each $15.005.00 Directional Poles $3.00 Tote Boxes 2 $1 each Total Estimated Equipment Rental $588.00 EARLY VOTING COSTS Mailed Ballot Kits 60 $1 each $60.00 Postage for mailed Early Ballots 60 $0.52 EACH $31.20 Workers for early voting location # of workers 3 Total hours worked 350 $6 per hour $2,100.00 Pickup & Delivery of early voting supplies 1 $25 per poll $25.00 FICA 7.65% of above 2 $162.56 Assemble Early Voting Location 1 $48 per site $48.00 Early Voting Computer at site 1 $300 per site $300.00 Misc Early Voting Costs $200 $200.00 Total Estimated Early Voting Costs $2,926.76 ELECTION DAY #of election poll workers 8 Total hours worked 85 $6 per hour $510.00 # of delivery fees to election judges 2 $25 per poll $50.00 Total Estimated Election Day Costs $560.00 02/03/97 10:57 '&214 548 4695 ELECTIONS fill 005/005 02/03/97 page 2 ADMINISTRATIVE EXPENSES Manual recount per Election Code $60.00 $60.00 Process early voting and poll worker checks 11 $1.50 each $16.50 # of mail election judge notices 4 $1.50 each $6.00 3 Press Releases $25.00 Total Estimated Administrative Costs $107.50 SEMINAR NIGHT Training seminar overtime for election staff $200.00 Total hours to distribute supplies 10.5 $6 per hour $_6_3__00 Total Estimated Seminar Costs $263.00 TABULATION AND CENTRALIZED COSTS Tabulation Network $1,250.00 BRC on-site support $950.00 Base Programming $750.00 #of programming entities 8 $200 each $1,600.00 Cost for central count workers $6 per hour $600.00 FICA on central workers 7.65% of above $45.90 Notice of tabulation test $30.00 Early Voting personnel-Mckinney/Plano $3,200.00 FICA on McKinney/Plano early voting personnel 7.65% of above $244.80 Early voting computer in McKinney/Plano $600.00 County overtime and temporaries $2,000.00 Total Estimated Tabulation And Centralized Costs $11,270.70 SUMMARY OF COSTS Total Estimated Supply Cost $533.90 Total Estimated Equipment Rental $588.00 Total Estimated Early Voting Costs $2,926.76 Total Estimated Election Day Costs $560.00 Total Estimated Administrative Costs $107.50 Total $4,716.16 Expense divided by number of entities sharing early voting and election day polls 2 City of Wylie, Wylie ISD $2,358.08 Total Estimated Seminar Costs $263.00 Total Estimated Tabulation And Centralized Costs $111,270.70 Total $11,533.70 Expense divided by total number of entities contracting with County for May election 8 $1,441.71 Entity's share of expenses $3,799.79 County Election Officer's Administrative Charge at 5% $1$9.99 Total contract expense to entity for May 3, 1997 Election $3,989.78 Amount due prior to March 14, 1997 $3,590.81 WYLIE CITY COUNCIL rt"I CONSENT AGENDA COMMUNICATION ITEM NO 4 February 11, 1997 issue Discuss and Consider Awarding a Bid for the New Community Park Parking Lot Background Sealed bids were opened and read aloud on February 6, 1997. Nine (9) bids were received, identifying unit costs for the project. The apparent low bid on this project is $28,013.20. The Hogan Corporation has evaluated the various options and checked the low bidder's qualifications. A detailed breakdown of bid prices are attached to aid Council in evaluating the various options. In December, 1994, the Park Board considered an Immediate Needs Project List in order to identify projects to be funded by the 4B sales tax. The projects on the initial list totaled over $460,000. After review, the Park Board recommended to Council a Project List totaling approximately $279,600 which was approved by the Council and the Parks and Recreations Facilities Development Corporation. In November, 1995, the Park Board reviewed and approved a new Project Priority List for the 1995/96 fiscal year, with a funding amount of$50,000 from Bond proceeds. The list contained projects in Olde City Park, Valentine Park, Community Park, and the new Community Center. Contained in the FY 1997 Budget is an allocation of $50,000 in 4B funding for miscellaneous park projects. In reviewing the various projects identified since 1994, few remain incomplete; however, many of the remaining projects are somewhat costly. Of those projects, the Park Board identified the following as priority for FY 1997: 1. Community Park _Extending the Park Road, Shoulders r__o�_ments, Construction of a New Parking Lo_t,_and Grading Work..to Im rp ove Drainage This project is to improve the overall parking situation in the Park by adding an asphalt parking lot of approximately 45 spaces and improving the shoulder area of the existing park road for the head-in parking. Work in the Park will also include some grading work to improve the drainage problems which are causing the erosion of the shoulders $42,000 Consent Agenda Item No 4 Page 1 2. Community Park - uic Connects, Hose, prinklers This equipment is needed to efficiently water down the infields $ 1,500 3. Community Park -Soccer Field Irrigation Irrigation of the field behind the Library $ 2,500 Financial Considerations To date, the 4B Sales Tax has funded approximately $330,000 in park projects. When the Bonds were issued in January, 1996, a portion of the 4B Sales Tax was pledged toward the debt service of those bonds. Due to an accumulation of 4B funds, interest earned and a delay in project schedules, $50,000 will be available in the budget year beginning October 1, 1996, for miscellaneous park projects. Much of the work can be accomplished as a part of the winter work projects routinely scheduled during the November - March window. Legal Considerations On October 8, 1996, the Park and Recreation Facilities Development Corporation approved the FY 1997 Budget authorizing $50,000 in Park projects. The bid solicitation for this project was conducted in accordance with Chapter 252.021 of the Local Government Code which governs the procedural requirements for certain capital expenditures. Board Recommendation The Park Board recommended approval of this project during the December 9, 1996 meeting. Staff Recommendation Staff recommends the award of bid to Quantum Contracting. Attachment Letter of Recommendation from The Hogan Corporation Bid Tabulation r-AA, CA.44:4- Prepare Revi ed by Finan City Manager Approval Consent Agenda Item No 4 Page 2 02/07/97 14:32 '8`214 490 7163 THE HOGAN CORP. 4-4 WYLIE-COLLINS 1005/006 THE HOGAN CORPORATION Engineers • Planners • Consultants February 7, 1997 Honorable Mayor and City Council Members City of Wylie 2000 Hwy. 78 North Wylie,TX 75098 ATTN: Mr. Mike Collins, City Manager RE: New Parking Lot in Community Park THC#002-21 Dear Mayor and Council Members: On February 6, 1997, bids were received at the office of the City Manager and then publicly opened and read aloud for the construction of the above referenced project. During the process of the bid opening, the bid bonds or cashier's checks included with each bidder's proposal were reviewed, and all appeared to be acceptable. The proposals submitted for this project have been thoroughly reviewed in our office. No errors were found that would alter the position of the bidders. Seven (7) bids were received, and the apparent low base bid was submitted by Quantum Contracting Co. in the amount of$28,013.20. The base bid for this project included an asphalt paving surface. Alternate bids were received for the same configuration done in concrete. The low alternate bid was submitted by Site Concrete in the amount of$39,846.30. A detailed bid tabulation of all of the bidders is attached for your reference. Since this project is a "Unit Price" bid proposal, the City has the option of extending or reducing the quantities to adjust the final contract amount. A change in the contract of 25%can be done without an adjustment to the unit prices bid. Furthermore,the City Council must approve any contract change order in excess of$10,000. Due to the significant difference in price between asphalt and concrete, The Hogan Corporation recommends the City accept the lower base bid for asphalt. This also allows greater flexibility in utilizing available budget dollars on this or other projects. The Hogan Corporation has received and reviewed the information and references provided by Quantum Contracting Co. We have contacted several of the references provided and all have indicated they would use Quantum Contracting Co. again. Based on this information,we have no hesitancy in recommending award of the construction contract to Quantum Contracting Co. in the amount of the base bid of$28,013.20. Should you agree with our recommendation, please notify this office, and we will proceed with preparation of the Contract Documents. Yours very truly, THE HOGAN CORPORATION 4y74eAtcr-e'*(4- Gr S. MacLean, P.E. Vice President Enclosure par rikz. Member,Consulting Engineers Council of Texas 12900 Preston Road at LBJ,Suite 620 s.- Member,American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL:12141392-4600 FAX:(21 41 490-71 63 .-b i e - BID SUMMARY SHEET �.EW� - for _..,._!... ... ._..;-_._ ., COMMUNITY PARK PARKING FACILITY ar . ;r 1 City of Wylie,Texas February 6, 1997 �� �...,. 1:30 p.m. ::i:::i::>::::k- --: ::Stott:::i::iii:::::: . .:::::::::: •...:::.:�::: : :...:g-j:::::.:._:: t e u,...:.:..:j4}:�::.::::: .:::::.::... «4'.�z:::�`�,�:i>iii>a:::z:::::;:»:z::t>::>ifi>i>i»::::-s!)��«` > .1��'1::: : ::::. ..........::... ....... ;: c ` 3'is25= >� 3r'2 ``' `� ` Yy2' < � � ' i ` < APAC-Texas O O O $34,684.60 $55,350.80 ,,,rr,::/,/r/»/,/..//.//„/„»//rr»/,///„rrr,:,::rrr.rrr//::r:,,/r. All-Tex Paving O O O $29,067.00 $ . ht.,..'...r.Ft:.r... .::F'r/:'!."'J•.:',::r.:.r»»:,,.:..t,.:.:.:::/:,,,,.:,..:,{.r:r.::,.•.;•t,{r{t',:::::.!{{!?:F.,/„/:r,:.y..;'.;Fy�?�: :.,� /.rn:r::::...:......:,r::.:',:.r.' .,,.,:..,...,r,r,...,..:r.. .r.::::::.,:,.,:...:..r t..h,.. Brock Paving O O O $34,987.00 $ ttCamino Construction str uction0,'{•r:.:,:..'•.':..,,-..:r;:�/r...//../r,."a,,v,::r .., ❑::..:i" $ r:!V .!4: {„ " 4p;.,.rE.»!" ».{ :i{wp! {" +/J..U.:..;...:.!: {{n.J.M.W•lvv.: S.v:.i.i . ..i.:..!. lt!• 1,.i»:: J.",».r :SS;4:Vhrls %:?slss ,t. ss: ,S?:":^rr.>.s{ n'rr.s.,r.;:::r:..V/,,»:.....•!:.:::...'::.;. ;„" z. Cal Tex Construction O O O $34,815.60 $45,844.60 ,..,r„:,r",".., .r»../.,,,,.rr.:.......ii>s >'s>3%'s :»»/»r::r:`>•'»/:/ ,.,,,' :" ". JDC Construction O O O $45,000.00 ssssttssts""sfsr/sstsssass;s:r{sr,.:st-"--st?;;rss^.:;s�s;:lns$; Fsssr:•%;sss s..Fs «s. ................ %<%% <t%%........n%%%%%%%K%i%'i'jtf:if%%.......':Si%S i5.! •-f,: rr rr r•f.•.,.,ii:•i':f:...rii:'i''%:i JRJ Paving O O O $33,335.48 $41,770.76 • ! ».JJ,./, ,»>,>'../», „».,/JJ,>/:,.JJ, , »/,J. >,» n' ,/>r/>{>{»{,!{,{?.{{{{{{i.»,J�.,,>{! >'>:>rJ:.>w.J.. :>:>.J, :,t:: ,ifiS .r.,:'.r...'s>s.....'.r./»:/»:.':»:/rr//::.....:.....r:.r::rr.rrr,.':,rrr...:.r:r.r»r»./..::.....:.::.r:.r/.,...r....r:.....:.:..r.:.:.. ftMcMahon Contracting: _.r....':.:::///:..//t<iDif:../ $ ;,r ssr.ss^.tss.^;:;r itrst}r;<,! t}{s••srstts,;; »s,;: ssx Yt;• t%S%%<%'<%"s a%%%%%%%%%%f f%:t.'t%iri ....�'<%%%%%%%i%%%{f F'{ffF%%%%K%%ti r,Lt{f%%%%.. ,....,..,..:.......:............. ........,.,r.r.,.:r..»,.»::.::r»»r»r„.,:..:::r...::».:».r»»» :.::i,..•. �iiiii::r:?:ii:4`:.•. Quantum Contracting O O 0 $28,013.20 $40,263.20 Site Concrete O O O $39,846.30 ;rss :tnr.•tttr... :tssf !t:fss{ss:,r r::::r! SSftfffri .w::r ::.::.:. r::»':::':r./»:::.:r::::::: . .n•?::•:+v:riit:•'4%!..:n.....,i:. ...,...:.... ::fr ft%ii % %%%'<%% Sutton&Assoc.• O O O $37,709.30 $44,786.10 r,'J,.J ,, „/J/ ,.,.//„ ._ _ .... _ .> . .. ... ,>,;r;:::ft-tfff gaga.:7, ,';.;fr;{{, r'=;f:!tn<.'%{r't>s.EM .. ! n r.........% . .' .'... . r . . .., ,'f..'�,...I.SFSffiiii5.:'.»»Sfft/»'.»»#±ffff�iri'ifitf:Siii-,iiff>fff5'm+ttftti. taivtivrtifiirri»/n»ii3Jt ❑ E. ❑ $ »t .,:,,.. ..vh»r::/:.g,a:,b..•: a...:»: ib::.:::.5:i.:. -{:/r .;;{�.yi!{..rr».1./..»»»»»:»»,,..,»:rttFt£tfi'1.5....rft:r:ststsFt.^,t:srftS;SEES:F»/»FFSff%f.KJYtF'Fttfr{'^.wtF: J'/.ttttFFF: »f••tt'J'ttt'at'..'t• :r:.:r:/:,.::,,:s:.:r,,,:.::.::.,,::,/:: .... ... .. .. .... ........ ... ,,..:..'.:::::::,::.::::.::.:::.::::..':r:/».:,,,::::../r::..,:,.,,,!{,/.r.::»:..:,!::r..::.:rrrr.,..,,.,,.".:'.:r.,,{,;{!,::,.':r..:r:..,:r{ . .'!t!i{{?i!!{?!?VJ.iS•:Kit!{t14.!•.v.K4:V.SS<!{it{!•!.?J.{{:!!!!?!Crli/:f !M{!!{•:tlY:<•:{iS{i'.t??!S<V.?SSii!{??i!??{K{!-'r.SS{SSitt{!!?K:'S:S %i%^isjL?it%�:{:%%«%<i%<fii�:i>%ri{;{::fit:iti%i<%% %!!{:%<-`:i{iti�Li%ti{%:i<... .nt%:t!{%%%}:i�{nti 'i?i!{•:{{{.....:!!?!??lli4: . ❑ — ❑ $ tt�S?S,J/JJnfnr,,r>;;ttr»„nf>:; ;f>r>' :>/f r8: . ».Silf.» . '.Siii:::i::li .r:'SSSS.»»S'S'J' „s s rstsr.: ssrvrr.•r"ts'„sN stt,sr.:sµtr/stsssssss;'r{Ftstt;;stsnts:r.,s{ ss:tttstr;:ifN ./s s;g;;;s{;{;smt y<ttF t{{ssssF:« zrti;i'Jm.,,F%Ft'/,'/.t'/.'.,'.»'»/ g-e.....»..»z..4c,:gg t't ,,,s i. " f.» :riir{. 0 El CI r/.. ./,. ./, JSSS <LSSSK!VJ.K!!SiN.SSt{iSV.t-0CS{VJ.S!{�4-:%E'.4llKt:rJ.tt«•:{{!(??L?S?K{%%%%Y44<S%istk{:ttiittit!{<2'vi:%%%u�::�:1:.....v R%!'J!!%%J.tfJ/JJJ!! !!!!V.!!!!!!!!%i! .?!i fif!% S%S%:%%!%I!SSL1%!<!%!!t{!!W l%<%%%L%S f:?''%%%<%lf f:%%LiSVJ.{%%S{tSV/.i tint{!/{A4iL{V. El ' ❑ ❑ $ THE HOGAN CORPORATION ' Engineers•Planners•Consultants 12900 Preston Road at LBI,N620 Dallas,Texas 75230 WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 5 February 11, 1997 Issue Discuss and consider final acceptance of the construction of a new 750,000 gallon elevated tank and provide authorization for final payment to Landmark Structures, Inc. in the amount of $76,680.00 and accept the project as complete. Background Landmark Structures, Inc. was awarded the contract for the construction of a new 750,000 gallon elevated tank at the June 27, 1995 City Council Meeting. This project consisted of the construction of a 750,000 gallon elevated water storage tank and associated water transmission mains. The design of this storage facility included the piping, valves, fittings, site grading, fencing, paint systems, foundations, telemetering system and other related appurtenances. The water mains included miscellaneous on-site 20-inch and 8-inch water mains, with a fire hydrant and other related appurtenances. Construction began in August 1995 and was substantially complete within the allotted contract time. The tank was placed in service in May 1996. Since that time, the telemetry system has been installed and configured to the City of Wylie's specifications and requirements. At this time, the tank and all of its components are complete and functioning as required by the plans and specifications. A final walk through was conducted by City Staff and members of The Hogan Corporation on January 28, 1997. Acceptance by the City Council will initiate the one year warranty period in which the contractor is liable for any repairs which may be required in that time period. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Board Recommendations N/A Consent Agenda Item No 5 Page 1 Financial Considerations This project was financed through funds from the 1995 Bond Program - Phase I. The original bond construction cost projection for this project was approximately $985,000 and the bid price on the project was $908,000. The final contract amount is $906,670.00. The difference is due to a quantity underrun for the painting of the logos. The original bid amount was $20,000 and the actual cost was $18,670. No change order is required. This represents 1% under the bid amount or $1330.00. Legal Considerations N/A Staff Recommendations Staff recommends final acceptance of project and final payment to Landmark Structure, Inc. in the amount of $76,680.00. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Contractor Affidavit of Payment of Debts and Claims One year Surety Bond Letter from The Hogan Corporation Final Payment Request. Prepared by Re wed y Fina e City Manager Approval Consent Agenda Item No 5 Page 2 CITY OF WYLIE PAYMENT AUTHORIZATION REQUEST 1/30/97 Date Lisa Price From 2/14/97 Due Date 2/Return Check to Department Vendor No. Pay To: Landmark Structures, Inc. 1665 Harmon Road Ft. Worth, Texas 76177 Invoice Invoice Fund Dept No Object SAC Amount Number Date (XCX) ( ) 90000() (000() Final 1/30/97 612 901 58310 8501 $72,568.84 GRAND TOTAL $72,568.84 Explanation: Final Pay Estimate for the 1995 Bond Project-the new elevated storage tank The project was accepted as complete at the 2-11-97 City Council Meeting. Finance Dept. Department Head V2/U3/91 Uy:53 pL14 4`JU 11 i nib !MUNN UUKY. ->->-� 111L1r.-YK1'..r. L Juu /UU6 THE HOGAN CORPORATION Engineers • Planners • Consultants January 29, 1997 Mr. Mike Collins City Manager City of Wylie P.O. Box 428 Wylie, Texas 75098 ATTN: Lisa Price RE: New 750,000-Gallon Elevated Tank THC Job No.: 002-24.42 Dear Mr. Collins: We are submitting herewith for your review four(4) copies of the Final Progress Estimate for the work completed by Landmark Structures, Inc. on the above referenced project. The items included in this pay request have been reviewed and found to conform with the work actually performed. The final pay request includes all retainage held on previous pay requests. A final walk-through was performed on the project on January 28, 1997. Representatives of the City, the Contractor, and the Engineer were present. No deficiencies were noted. The Contractor has submitted a "Consent of Surety"from the bonding company as well as an "Affidavit of All Bills Paid." Copies of these documents are attached for your reference. Approval of the Final Pay Request and acceptance of the project will initiate the one year warranty period. This project was completed with a single quantity underrun in the price bid for painting the logo. The actual cost of the logos was $18,670 or$1,330 under the $20,000 bid. This reduces the original contract amount from $908,000 to $906,000. With your approval of this Final Progress Estimate, please execute all copies, retain two (2) copies for your files, return one (1) copy to this office, and send one (1) copy to Landmark Structures, Inc., 1103 E. Price, Suite 102, Keller, Texas 76248, along with your remittance in the amount of $76,680.00. Yours very truly, THE HOGAN CORPORATION Gre ry . MacLean, P.E. Vice President Enclosures Member,Consulting Engineers Council of Texas 12900 Preston Road at LW, Suite 620 Member, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL:(214)392-4600 FAX:(214)490-7163 a 02/03/97 09:54 C 214 49U 7153 IRE HUUAN UUKY. - 44 1►IL11 -YK1UL WIuuJiuua CITY OF WYLIE,TEXAS PAYMENT PERIOD - December-96 12TH PROGRESS CERTIFICATE ISSUE DATE - 25-Dec-96 CONTRACT THIS ESTIMATE TOTAL TO DATE NO ITEM AMOUNT % COMPL. AMOUNT % COMPL. AMOUNT IA BOND & INSURANCE 15,500.00 0.00% 100.00% 15,500.00 1B ENGINEERING/DESIGN/SUBMITTALS 29,000.00 0.00% 100.00% 29,000.00 IC MOBILIZE SITE 8,000.00 0.00% 100.00% 8,000.00 SITEWORK 1D CLEARING &GRAVEL ROAD 11,000.00 0.00% 100.00% 11,000.00 IE SITE GRADE&SEEDING 1.500.00 0.00% 100.00% 1,500.00 CONCRETE WORK 1F FOUNDATION 30,870.00 0.00% 100.00% 30,870.00 IG SUPPORT COLUMN 216,000.00 0.00% 100.00% 216,000.00 IH DOMED FLOOR 39,500.00 0.00% 100.00% 39,500.t10 1I RING BEAM/FLOOR GROUT 6,500.00 0.00% 100.00% 6,500.00 11 INTERIOR FILL&SLAB 5,700.00 0.00% 100.00% 5,700.00 IK MISC.SITE CONCRETE 500.00 0.00% 100.00% 500.00 MATERIALS ON SITE IL MISC.IRON 9,200.00 0.00% 100.00% 9,200 00 1M ELEV.TANK MECHANICAL/VALVES 22,100.00 0.00% 100.00% 22,100.00 IN STEEL PLATE& FABRICATIONS 72,000.00 0.00% 100.00% 72,000.00 IO REINFORCING STEEL 16,500.00 0.00% 100.00% 16,500.00 INSTALLATION OF MATERIALS 1P MISC.IRON 3,200.00 0.00% 100.00% 3,200.00 IQ ELEV..TANK MECHANICAL/VALVES 6,700.00 0.00% 100.00% 6,700 00 1R STEEL TANK ERECTION 110,000.00 0.00% 100.00% 110,000.00 1S STEEL TANK HOISTING 5,000.00 0.00% 100.00% 5,000.00 IT PAINTING 59,700.00 0.00% 100.00% 59,700.00 02/03/97 09:55 TS214 490 7163 THE HUCAN CORP. 4-44 WYL1E-FR10E g UU4/UUt3 CITY OF WYLIE,TEXAS PAYMENT PERIOD - December-96 12TH PROGRESS CERTIFICATE ISSUE DATE - 25-Dec-96 CONTRACT THIS ESTIMATE TOTAL TO DATE NO ITEM AMOUNT % COMPL. AMOUNT % COMPL. AMOUNT 1U ELECTRICAL/INSTRUMENTATION 169,000.00 40.00% 67,600.00 100.00% 169,000.00 1V FENCE 13,300.00 0.00% 100.00% 13,300.00 1W STARTUP/DEMOBILIZE 2,000.00 0.00% 100.00% 2,000.00 2 CONCRETE APPROACH 2,500.00 0.00% 100.00% 2,500.00 3 20-INCH WATER MAIN 12,980.00 0.00% 100.00% 12,980.00 8-INCH WATER MAIN 14,000.00 0.00% 100.00% 14.000.00 5 FIRE HYDRANT ASSEMBLY 2,000.00 0.00% 100.00% 2,000.00 6 WATER MAIN CONNECTIONS 3,000.00 0.00% 100.00% 3,000.00 7 8-INCH GATE VALVE 750.00 0.00% 100.00% 750.00 8 LOGO 20,000.00 0.00% 93.35% 18,670.00 ORIGINAL CONTRACT AMOUNT 908,000.00 67,600.00 906,670.00 GROSS AMOUNT DUE $906,670.00 LESS RETENTION-REDUCED TO 0% $0.00 AMOUNT DUE TO DATE $906,670.00 LESS PREVIOUS PAYMENT REQUEST $829,990.00 AMOUNT DUE THIS APPLICATION $76,680.00 REQUESTED BY: �,� DATE: 12/3I(96 LANDMARK STR T RES IA CCEPTED BY: "r/�� ` DATE: �z 7 DATE: THE HOGAN CO APPROVED BY:W CITY OF YLIE UZ/uJ/V 1 us:ao ()L14 Oyu /103 inn nui.,it I.w(r. ->- - nlLlr,-r1ll.r. Wgj uua/uuo J.AN. -it' 97(FRI) I4:44 LANDMARK STRUCTURES TEL:817-379-6816 P. 002 PAYMENT CERTIFICATE/CONSENT OF SURETY TO: City of Wylie RE: New 750,000 Gallon Elevated Tank and Related Appurtenances I, Chris Lamon of Landmark Structures. inc., do hereby affirm that all claims and obligations Incurred by me or in my behalf in connection with the pe f the above mentioned project have been fully paid and settled. Chris Lamon, Vice President Landmark Strictures. Inc. Contractor STATE OF TEXAS ) COUNTY OF TARRANT ) Before me, the undersigned, a Notary Public in and for said County and State, of this 20 day of January 1997 personally appeared Chris Lamon, to me known to be the identical person who signed the name of Landmark Structures, Inc., a Texas Corporation, to the within and foregoing instrument as its Vice President, and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of said Corporation/Company for uses and purposes therein set forth. Witness my hand and seal thy and year last above written. 2Y i a..iti•�Y2_.CSv -` o~r'PY ko, DIANE GENTRY '? ! `' Notary Public * /k * STATE OF TEXAS ; q,F a Q.' My Comm.Exp 09/30/00 Notary Public — My commission expires 9/30/00. Seen and approved this /Iiii day of / f (1717 , by Fidelity and Deposit Company of Maryland Sur ompany. / „r- eV/tit/44 ii,/)',1,—/Al—ritCr ■ JAN 1? '9? 15:52 B17 3?9 6816 PAGE.02 UL/US/yl u :at OL14 4yU 11U) In UU' MN WKY. ->->-> n1L11!.-Y1f1l.C. _(UUD/UUb AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS AND RELEASE OF LIENS To: City of Wylie Project: New 750,000 Gallon Elevated Tank and Related Appurtenances By this instrument, the undersigned Contractor engaged in the construction of the above project, hereby certified that on this date, or any time prior thereto, except listed below, the Contractor has paid the full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed and for ail known indebtedness and claims against the undersigned for damages arising in any manner on or against the project, its land, improvements and equipment of every kind. Signed this 2Qth day of January, 1997. Landmark ' =s. In . 111111111 •r Authorized Signature Chris Lamon Printed Name Vice President Title MI WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 6 February 11, 1997 issue Discuss and Consider issuing Change Order No. 2 and final acceptance of the utility relocations project along State Highway 78 (Part B.) and provide authorization for final payment to J&R Concrete and Utility Contracting in the amount of $72,568.84, and accept the project as complete. Background City Council authorized the issuance of the Notice to Proceed to J&R Concrete and Utility Contracting for the utility relocation project along State Highway 78 (Part B) at the April 23, 1996 City Council meeting. The project included approximately 6,400 linear feet of 12-inch water main, 1 highway and 1 railroad bore, fire hydrants, and related appurtenances. Approximately 1,400 I.f. of 12" water main along Kirby Road was subsequently added because of the continue service problems with the rapidly deteriorating condition of this water main. Construction began April 29, 1996 and was substantially completed within the allotted contract time. A final walk through was conducted by City Staff and members of The Hogan Corporation on November 20, 1996. Change Order No. 2 is required to adjust the contract quantities to reflect the actual quantities installed on the project, as well as the addition of several items required for the job which were not part of the original contract. The additional items were added during construction to make field adjustments to the project due to field conditions. Total amount included in Change Order No. 2 is $57,998.01. An itemized list, including costs, was submitted by the contractor and is attached for your reference. Acceptance will initiate the one-year warranty period in which the contractor is liable for any repairs which may be required in that time period. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Board Recommendations N/A Consent Agenda Item No 6 Page 1 Financial Considerations This project was financed through funds from the 1995 Bond Program - Phase I. The original bond construction cost projection for this project was approximately $360,000 and the bid price (contract amount) on the project was $254,416.60. The actual total cost for the project including Change Orders # 1 and 2 is $349,414.61. The difference is due to variations in the quantity of work actually performed, primarily related to field changes and the addition of approximately 1,400 I.f. of 12" water main along Kirby Road east of Hwy 78. The final contract amount of $349,414.61 is approximately 37% over the original bid amount, but is 3% under the original Bond construction cost projection, or $10,585.39. Legal Considerations N/A Staff Recommendations Staff recommends final acceptance of the project and final payment to J&R Concrete & Utility Contracting in the amount of $72,568.84. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Change Order No. 2 Consent of Surety Affidavit of Payment Final Pay Request Recommendation Letter from The Hogan Corporation.t(io-Prepared Re wed y Fin ce City Manager Approval Consent Agenda Item No 6 Page 2 CITY OF WYLIE PAYMENT AUTHORIZATION REQUEST 1/30/97 Date Lisa Price From 2/14/97 Due Date Return Check to Department Vendor No. Pay To: J &R Concrete& Utility Contracting P.O. Box 1300 Rowlett, Texas 75088 Invoice Invoice Fund Dept No Object SAC Amount Number Date (XXX) ( ) NOON QOOOC) Final 1/30/97 612 901 58210 8505 $72,568.84 GRAND TOTAL $72,568.84 Explanation: Final Pay Request for the construction work completed for the Utility relocations along State Hwy. 78 (Part B)as part of the 1995 Bond Program. The project was accepted as complete at the 2-11-97 City Council Mooting. Finance Dept. Department Head U1/31/ar tt:ua '. 14 eau r1o, lnn nuu'uv uunr. yyy T1L1L.-r1'1 quJUVt/UU! THE HOGAN CORPORATION Engineers • Planners • Consultants January 29, 1997 Mr. Mike Collins City Manager City of Wylie 2000 Hwy 78 North Wylie, Texas 75098 RE: Utility Relocation along SH 78-Part B THC#002-24.42 ATTN: Lisa Price, Project Coordinator Dear Mr. Collins: We are submitting herewith for your review four(4)copies of Change Order No. 2 and the Final Progress Estimate for the construction work completed by J & R Concrete and Utilities Contracting, for the period from December 9, 1996 through January 29, 1997, on the above referenced project. Change Order No.2 is comprised of additional materials and labor required to adjust the alignment of the new 12-inch water main along SH 78 in front of the Wylie Butane Mobile Home Park, extend bore and casings per TxDOT requirements, and other various quantity overruns and additions due to field conditions (See Attachment A). Change Order No. 2 adds$57,998.01 to the original contract amount of$254,416.60 and along with Change Order#1 ($37,000, previously authorized by City Council), brings the new final contract amount to$349,414.61. A final walk-through was performed on this project on November 20, 1996. Representatives of the City, the Contractor, and Engineer were present. No deficiencies were noted in the work performed. The items included in this month's pay request have been reviewed and found to conform with the work actually performed. The Contractor has submitted a "Consent of Surety" from the bonding company as well as an "Affidavit of All Bills Paid." Copies of these documents are attached for your reference. Approval of the Final Pay Request and acceptance of the project will initiate the one year warranty period. With your approval of Change Order No. 2 and this Final Progress Estimate, please execute all copies, retain two (2) copies for your files, return one(1) copy to this office, and send one (1) copy to J &R Concrete and Utilities Contracting, P.O. Box 1300, Rowlett, TX 75088, along with your remittance in the amount of$72,568.84. Yours very truly, THE HOGAN CORPORATION (97 Greg , MacLean, P.E. Vice President Enclosures Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ. Suite 620 Member,American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL:(214)392-4600 FAX:(214)490-7163 a U1/31/y7 1L:Uti OZ14 4`JU 'llti3 tnt. nuu!uv uunr. � -' trii.tr rxtt,n rjuoa/uur APPLICATION FOR PAYMENT -FINAL Owner. City of Wylie For Period From: June 23,1996 To: December 9, 1996 Project Name: 20-inch Water Main Along FM544 from FM1378 to Westgate Way(Part A)and Utility Relocations Along SH78(Part Bl Owner's Project No.: Engineer's Project No.: 002-24.20/002-20.20 Contractor: J&R Concrete&Utility Contracting Address: P.O.Box 1300 Rowlett,TX 75088 CONTRACT AMOUNT CONTRACT TIME Part A Amount of Contract as Awarded (Part B): $264,416.60 Contract Date: January 24, 1996 Change Orders: Start Date: April 29, 1996 #1 $37,000.00 Time Allotted: 90 cal.days #2 $57,998.01 Time Extensions: 0 cal.days #3 Revised Contract Time: 90 cal.days #4 Elapsed: cat-days #5 %Time Elapsed: 100.00% #6 Remaining: 0 cal.days Total Change Orders: 894,998.01 Total Adjusted Contract $349,414.61 Part 8 Contract Date: January 9, 1996 Start Date: April 29, 1996 Time Allotted: 120 cal.days Time Extensions: 0 cal.days Revised Contract Time: 120 cal.days Elapsed: 224 cal-days %Time Elapsed: 100.00% Remaining: 0 cal.days ESTIMATE SUMMARY Amount Completed to Date-Part A(see Attachment A): $0.00 Amount Completed to Date-Part B(see Attachment B): $349,414.61 Total Amount Completed to Date(Part A&Part B) $349,414.61 Material on Hand(see attached): S0.00 PROJECT TOTAL TO DATE: 100.00% $349,414.61 Less 0% Retalnage: $0.00 Less Previous Payments: *276,845.77 Total Deductions: $276,845.77 ($276,845.77) TOTAL AMOUNT DUE THIS ESTIMATE: $72,568.84 Recommended: Approved: Air By: Date: Date: Engineer Owner 1/30/97 Page 1 APL-PMT FINAL-Part B 1111 U1/31/U! 1Z:U/ pZ14 4UU 1103 Inn nuutuv �unr. » > nt, to r,ct�n uu4ivur CHANGE ORDER No. 2 PROJECT: Part B - Utility Relocations along DATE OF xssDANCE, January 29, 1997 SH 78 OWNER: City of Wylie OWNER'S Project No. 2000 Hwy. 78 North Wylie, TX 75098 CONTRACTOR: J&R Concrete and Utilities Contracting !mamma: The Hogan Corporation P.O. Box 1300 12900 Preston Road, Suite 620 Rowlett, TX 75088 Dallas, Texas 75230 INGINEER's Project No. THC No. 002-24.42 Description: Additional materials and labor required to adjust the alignment of the new 12-inch water main along SH 78, in front of the Wylie Butane Mobile Home Park, extend bore and casings per TxDOT requirements, and other various quantity overruns due to field conditions. (See Attachment A) Purpose of Change Order: Adjust contract to account for additional labor and materials required. Attachments: Attachment A CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TINE: original Contract Price Original Contract Time $ 254,416.60 150 cal days substantial/180 cal days final days or date Previous Change Orders No. 1 to No. 1 Net change from previous Change Orders $ 37,000.00 0 days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 291,416 .60 150 cal days substantial/180 cal days final days or date Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order $ 57,998 .01 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $_ 349,414.61 150 cal days substantial/180 cal days final days or date RECOMMENDED: APPROVED: APPROVED: by ""r by by Gregory S. MacLean, P.E. Mike Collins, City Manager Ronny Ross The Hogan Corporation Cityof Wylie Y J&R Concrete and Utilities Contracting DATE: #07 DATE: DATE: ■ U1/31/U 12:UtS p21' zibU I1b3 1nG nut,'uv tuxr. I_Iuv,/VUr • CONSENT OF OWNER ❑ SURETY COMPANY CONTIRTAECTOR 0 TO FINAL PAYMENT SURETY ❑ OTHER AIA DOCUMENT G707 PROJECT: CITY OF WYLIE (name,address) Utility Relocation - SH 78 TO (Owner) CITY OF WYLIE, TEXAS —I ARCHITECT'S PROJECT NO: CONTRACT FOR: Utilities Relocation Wylie, Texas Part B - SR 78 CONTRACT DATE: 1/9/96 CONTRACTOR: RONNY ROSS, dba J i R CONCRETE & UTILITIES CONTRACTING P. O. Box 1300 Rowlett, Texas 75088 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the there insert name and address of Surety Company) AMWEST SURETY INSURANCE COMPANY 1231 Greenway Drive, Suite 420 Irving, Texas 7503E , SURETY COMPANY, on bond Of there insert name and address of Contractor) RONNY ROSS dba J & R CONCRETE & UTILITIES CONTRACTING P. O. Box 1300 , CONTRACTOR, Rowlett, Texas hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to there insert name and address of Owner) City of Wylie, Texas , OWNER, Wylie, Texas as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 14th day of January 1997 . AMWEST SURETY INSURANCE COMPANY Surety Company ate., Signature of A thorized ,presentative Attest: (Seal): Melba Butcher Title Attorney-in-Pact NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AIA DOCUMENT G707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT•APRIL 1970 EDITION•AIA® ONE PAGE ©1970•THE AMERICAN INSTITUTE ORCH)TECTS,1735 NEW YORK AVE., NW, WASHINGTON, O.C. 20006 WARNING:Unlicensed photocopying violate,U.S.copyright)awe and Is subject to legal prosecution. ■ 01/31/97 12:09 ' 214 490 7163 THE HUVAN CAMP. ->->-> lfIL1E—YR10E iglUUb/UU/ LIMITED POWER. OF ATTORNEY . Ai»west Surety Insurance:Company EXPIRATION DATE 10-10-98 POD NI.IMI3ER 0000653651 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo(14 )of Amwest Surety Insurance Company(the"Company")on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced,forged or otherwise distributed without the permission oft'Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation(the"Company"),does hereby make, constitute and appoint RAYMON R.DYER PERRY MAX JACK DAVIS MELBA BUTCHER AS EMPLOYEES OF DAVIS-DYER-MAX,INC. its true and lawful Attorney-in-fact,with limited power and authority for and on behalf of the Company su to xecute,• It ., affix the seal of the company __ - thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller A o r pesfo . 1. .. .•or other written obligations in the nature thereof as follow: Bid Bonds up to S**1,000,000.00 , Contract(Performance&Payment),Court,Subdivision S"2,500,000.00 losis :,0 110 4..iTh • and to bind the company thereby. This �)p y appointment is made under and by au By-La . e t. �'�fich are now in full force and effect. I,the undersigned secretary of Amwest Surety Insurance Company,a Ne• .�� corrpporrad "o r a 1.• •.BY TIFY that this Power of Attorney remains in till force and effect and has not been revoked and furthermore,that the r . • f the Board or .� on this Power of Attorney,and that the relevant provisions of the By-Laws of the Company,are now in full force an• I7t4 -4?a0ead.U...• Bond No.0I�`a GOJ�i q( Signed&sealed this _7: o t`'J Karen G.Cohen,Secretary * all * ill ale a0 * erg * all all ONS DIRECTORS all ill all ill ale '1 ill all tit all ill This POA is signed and sealed by facsimile under d by audio• o o • utions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 1975: RESOLVED,that the President or any t,in niunc wi Secretary or any Assistant Secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the ins• vi cin ' tment' case,for and on behalf of the Company,to execute and deliver and affix the seal of the Company to bonds,tmdertaki.•:, .72, 'I, ces,:• s tp oblig of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any POA previously gran-• • • •- son. RESOLVED FURTHER,that: .•rid,uncle•:. •gn suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President o any Vi 1' i• and sealed(if a seat be required)by any Secretary or Assistant Secretary;or (ii)when signed by the President or any a .• nt or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or a:--•c ' (iii)when duly executed and sealed(ifs 1 require one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney iss ompany to suc person or persons. RESOLVED FURTHER that the sr of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and del' cry of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto affixed this 14th day of December,1995i;ZI0461, g! JP4VSeAhlyr...A ,°'11X,,t.,--,f ,,,k aIeeog John E.Savage,Presfdent Karen G.Cohen,Secretary State of California County of Los Angeles On December 14,1995 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) tlig ityq(rumenj,[he�erlkn(,.ogahecAotilx gEon of which theperson(s)acted.executed the instrument. /�/ -"I .•"a PEGGY$.t fl_N '',•, %NS U ,', WITNESS hand and official seal- .- /*U Op"POggAI- 1E• i if.'-',„:,,r„,, .r 1okiv Pubic—Callku r Signature (Seal) Rf GetrdyzJ 2 F_111a _ Vg .Lofton,Notary PuDdr Awoa>Ioor 'co DEC.14, OFF` `\ I-' 1995 %tr) \ 1- 4 /west -.,,\ .FeR As' '/ape ,',4 -* ���1�,I It'll( annr.t >.cone 1'u.t OlhLc Ku.a�Qll A\oudLuul Hills.t V `)Ili 4=1111 1 I L`iIS"ll J-11 I I Ill R 11/1/J1/.7l 1L.11 VGi•* 't.7v I J.00 inc. nvu_m.ol Vona . --,', rr a L.a.a:—a ala V.E. .j vvr r vvr INA AFF7J)AVIT: LABOR AND MATERIAL The Oder Cump.ny,Publishers,Dallas Tess* Sland.rd Form rfrS".FEZ ^ -TAT JmT�: :: -J.•-:si=...Tc?'...a�.. ..s:...FL:v....-.forA.�r.:Tar1 " "T�Z - 1ct T�-v.wi.!•i g s 1Ije *tate of Texag, 1 Coantp of i it 1 F.' The undersigned, having erected and completed the improvements on 11 ,/o " l� n Al& Atoms -d? 5m7 fir-,,, /M. /3 78 i° j y 41657-6-e.rrr Gum A 7 2 T 14 r9>vr2 7-c/7 j fre -ra 5 11. 6" 5f7e ,n7ar6. 11 e d Et 666 Cil situated in the City of (yc r , 7Ex5 , 0/� County, Texas, being hi {1 sworn on oath deposes and says that all labor and material used in the construction of said improve- ments have been paid for and there are now no unpaid labor or material claims against said improve- ments or the property -upon which same are situated, and hereby declares that all sums of money ti 1 due for the erection of said improvements have been fully paid and satisfied. I Q 2ev1ZARMONS % ,e ��� I�TiL7di7, •) N Public 5 el it 1S !::aJ 09/09/2000 ISUBSCRIBED AND SWORN TO BEFORE ME, this y of � h A.D. 194-7 (L. S.) - -------_______-- Notary Public in and for County, Texas WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 7 February 11, 1997 Issue Discuss and Consider purchasing a multi-purpose pole sign for the Library. Background Staff is recommending the purchase of a multi purpose pole sign with changeable copy to be placed outside the Library building at the corner of the parking lot. It is vitally important to have signage that will make The Rita and Truett Smith Public Library more visible, since it is not located on a major thoroughfare. This new signage is proposed as part of the Library Capital Improvement Project Funds by 4B Sales Tax and grant funds. The sign design will be a 5' by 8' double-sided marquee on a six-foot pole. It will have a navy background and white lettering. The lettering will be covered with lexan to prevent vandalism. The City Logo, name of the Library, and hours will be permanently placed on the sign. There will be four message lines that can be changed. (Please refer to attached drawing.) The following quotes were received from signage companies: Sign Warehouse, $3375; Hobson's Choice Signs, $3885; Signs Direct, $4,814; and Plano Signs for $5,672. Staff recommends accepting the quote for outside signage of $3375 from Sign Warehouse which includes custom design, lettering, and installation with an additional cost of $625 for electrical wiring. The total cost for the project is $4000. The sign will be used to advertise the weekly story time and special events throughout the year such as programs held during Summer Reading Club, National Library Week, and Children's Book Week. The proposed signage will increase the visibility of the Library and promote the programs and services provided. This will increase the number who utilize the Library and attend programs. Action Agenda Item No 7 Page 1 Legal Consideration The City of Wylie Code of Ordinances Chapter 12 Section 27.18.h states that a sign cannot be taller than 20 feet in overall height or no larger than 100 square feet without the approval of the Building Official. The sign will be exactly 40 square feet in size and 11 feet in overall height. Municipally owned signs shall not be placed in any sight visibility triangle and shall be located at least 25 feet from any privately owned parcel of land. The sign will be 25 feet from Pirate Drive and 65 feet from the Library's drive way. A sign and separate electrical permit will be required. The site plan, showing the location of the sign, has been approved by the Community Development Department. Financial Consideration There has been $285,000 allocated from the 4B sales tax money to renovate and expand the Library facility. A total of $28,781 has been awarded in grants to supplement the 4B funds. (Hillcrest Foundation, $15,000; Tocker Foundation, $9,333, and a matching grant for $4,448 from the Swalm Foundation.) Funding is adequate for the purchase and installation of the sign. Board Recommendation The Library Advisory Board is in favor of purchasing the sign with 4B sales tax renovation funds. Staff Recommendation Staff recommends the approval of the purchase of the proposed multi purpose pole sign from Sign Warehouse at the quoted price of$3375, with a total installed cost not to exceed $4,000. Attachments Site Plan Sign Quote Sign Drawing Electrical Quote /V' ""blAct . m,, C8L Prep r d by Revi ed y Fina ce City Manager Approval Action Agenda Item No 7 Page 2 it/ �� i 4e ..,"''. -.21 ,, / ,., :-.2 ; / ., �• \ ��✓ .. .tip. ;/ / * l a. "e` \ /� , O / 11 4 r 4�s \� °ti I). (NUKE P / / / S, / MOPE. / . /Pi' \\�• "'N..ft - _ N 00° 01 2 a� W 8 86 , 46� E -Q a d Z• -- ',g, A / .. . 0 / w = I / t 1 < I Si4pWarebouse 1101 S. JUPITER GARLAND. TX. (972) 276-4063 SMITH PUBLIC LIBRARY 800 THOMAS STREET WYLIE, TX. 75098 442-7566 5X8 POLE SIGN 6' HIGH (as per drawing) 100ct LETTERS 6'-18' CHANGING ARM LEXAN COVERS ELECTRIC by OTHERS 5X8 POLE SIGN $3200.00 PRONTO LETTERS $125.00 CHANGING ARM $50.00 TOTAL $3375.00 + permits if required? Si4pWarel)ouse 1101 S. JUP(TER GARLAND. TX. (9?2) 2?6-4063 Rita & Truett Smith Public Library o• s, 4 • et bs Library Hours o`o Mon.-Tues.-Thur. Wed. Fri. Sat. 12:00 - 8:00 11:00-7:00 11:00-5:00 9:00-4:00 Submitted By: Dewayne Hor eycatt DBA: Si4t Warehouse .J H-24-9 7 FF:I C15 :2Ci AM R G S SERVICES.. INC: 217 442 9196 F . 01 Date: 1/21/96 To: Mignon Morse Truitt& Rita Smith Library From: Richard Porter R.G.S.Services P.O.13ox 1564 Wylie, Texas75098 Ref: Lighted Sign This letter is to confirm the bid for adding power at the front )."the property for the lighted sign. We hereby propose to furnish all labor and material necess r` f ) tun electricity to a sign that is to be furnished by others. We will hookup said sign and install a dusk to dawn photo eye to control power. The Total for labor and material $625.00 .Respe'ctailly submitted Richard Porter WYLIE CITY COUNCIL Ptif ACTION AGENDA COMMUNICATION ITEM NO 8 February 11, 1997 Issue Discuss Alternatives for the McCreary Road Construction and Consider Awarding Bid for the Construction of McCreary Road. Background Sealed bids were opened and read aloud on February 6, 1997. The apparent low bid on this project is $558,892.31. The Hogan Corporation has evaluated the various options and checked the low bidder's qualifications. A detailed breakdown of bid prices and alternate bid items are attached to aid Council in evaluating the various options. At the January 14th City Council Meeting, Council was briefed on the possibility of closing McCreary Road for the duration of construction. At that meeting it was decided that alternate bids would be received for closing McCreary Road or maintaining traffic during construction. Council wished to review the bids and consider their options with regard to public access, convenience, and safety prior to awarding the contract. The base bid on this project includes all work necessary to complete the project with McCreary Road closed to traffic during the construction phase. Additive Alternate #1 is a lump sum amount over and above the base bid if the contractor is required to maintain two-way traffic on a minimum of one lane of driving surface, 24 hours a day, for the duration of the construction. The lump sum bid for Additive Alternate #1 was $68,100. Additive Alternate #2 is for the contractor to provide a surface-course treatment on McMillen Road from the Southfork Mobile Home Park to FM 1378. The bid total for Additive Alternate No 2 is $33,630. The contract may be awarded for the base bid only or with either or both Additive Alternates #1 and #2. A meeting was held on Friday, February 7 with the management of Southfork Mobil Home Park to discuss this project and the various options. The results of this meeting will be provided to Council at the February 11, 1997 meeting. Action Agenda Item No 8 Page 1 In order to incur the least amount of confusion and inconvenience to the property owners, the contractor will be required to comply fully with the terms and conditions as specified in the Contract documents. These items will be addressed at the preconstruction meeting and required of the contractor: 1. Submit a detailed construction sequence plan including parking and project schedule for review by the Engineer and Staff. 2. Coordinate through City Staff a meeting with the adjacent property owners to discuss the proposed plan and schedule and make adjustments if necessary. 3. Prepare a form letter of notification to be used to inform affected owners of any construction related activities which may affect access. This letter must be reviewed by staff prior to issuance. 4. Deliver letter of notification to affected parties 48 hours in advance of specified construction activity. A copy must be simultaneously submitted to the City and Engineer. 5. Notify the City's Inspector as soon as possible as to any changes or problems which may affect the progress of the project. 6. Prepare the monthly pay request and review it with the City Inspector prior to submittal to the Engineer for further processing. 7. Coordinate with Staff and the Engineer monthly progress meetings to be held at the site to review progress and discuss any changes or problems. 8. Fully comply with all other aspects of the Contract Documents. City Staff has scheduled a meeting with the residents at Southfork Mobile Home Park to discuss the construction alternatives and comments will be provided City Council. Board Recommendations N/A Financial Considerations This project is part of the 1995 Bond Program - Phase II. The original bond budget was $646,967.00. The Base Bid is $558,892.31. If City Council accepts Alternate 1, the contract amount will total $626,992.31 or $19,974.69 below the Bond Budget. If City Council accepts Alternate 2, the contract amount will total $592,522.31 or $54,444.69 below the Bond Budget. Please see the attachment from The Hogan Corporation for a more detailed analysis. Action Agenda Item No 8 Page 2 Legal Considerations N/A Staff Recommendations The Hogan Corporation will make a recommendation on award of these contracts at the February 11, 1997 Council Meeting. Attachments Letter of Recommendation from the Hogan Corporation Bid Tabulation WU., 4...:4, 14A- Prepared Rev' ed by Finan City Manager Approval Action Agenda Item No 8 Page 3 02/07/97 14:30 T2214 490 7163 THE HOGAN CORP. 444 W'YLIE-COLLINS [iti 002/006 THE HOGAN CORPORATION Engineers • Planners • Consultants February 7, 1997 Honorable Mayor and City Council Members City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 ATTN: Mr. Mike Collins, City Manager RE: McCreary Road Paving &Drainage Improvements THC#002-34.20 Dear Mayor and Council Members: On February 6, 1997, bids were received at the office of the City Manager and then publicly opened and read aloud for the construction of the above referenced project. During the process of the bid opening, the bid bonds or cashier's checks included with each bidder's proposal were reviewed, and all appeared to be acceptable. The proposals submitted for this project have been thoroughly reviewed in our office. No errors were found that would alter the position of the bidders. Ten (10) bids were received, and the apparent low bid was submitted by XIT Paving and Construction, Inc. in the amount of$558,892.31. A detailed bid tabulation of all of the bidders is attached for your reference. This project is part of the 1995 Bond Program. The original amount budgeted for this project as part of the Bond Program was$646,967. By adding the cost of technical services(engineering and surveying) to the low base bid of$558,892.31,the total project cost comes to$599,392. This represents a budget under-run of approximately$47,575, or 8%. Additive Alternate bid items were added to the bid form to consider the additional cost required to keep the road open to traffic during construction (Additive Alternate No. 1) and for applying a surface-course treatment to McMillan Road (Additive Alternate No. 2). The low base bidder, included an Additive Alternate No. 1 bid price of$68,100 and an Additive Alternate No. 2 bid price of$33,630. The Hogan Corporation does not recommend either of the Additive Alternate bid items. If Additive Alternate No. 1 was added, in addition to the extra cost,the time for construction would need to be increased 30-60 days. Furthermore,the price given for Additive Alternate No. 2 does not appear to be particularly competitive with rates the City has paid in the past. If a surface-course treatment on McMillan is desired, a separate work order or purchase order could be issued. The Hogan Corporation has received and reviewed the information and references provided by XIT Paving and Construction, Inc. We have contacted several of the references provided and all have indicated they would use XIT Paving and Construction, Inc. again. Based on this information,we have no hesitancy in recommending award of the construction contract to XIT Paving and Construction, Inc. in the amount of the base bid of$558,892.31. If the City Council desires, either or both of the Additive Alternates may be added to the base bid. Member,Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 tf. Member,American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL:(2141392-4600 FAX:(214)490-7163 02/07/97 14:30 e214 490 7163 THE HOGAN CORP. 444 WYLIE-COLLINS C 0031006 Should you agree with our recommendation, please notify this office, and we will proceed with preparation of the Contract Documents. Yours very truly, THE HOGAN CORPORATION Gregory S. MacLean, P.E. Vice President Enclosure _..'',f;.. ..•,•.. ' .• , . '. •,- : . BID SUMMARY SHEET ......111i--L'..4.IA H- " • 2 . -• -4i.. for : : : • Paving St Drainage Improvements : AlongNicCreary Road ..'' ..'JF-i- L Cityf Wylie.T.- .i.7:--r i-tiTti..i......f.1- Fcbr:aly6, 957xas ..i"ri--i--i-I-r"--i-t- 200 p.m. •::.5.13/DDEiCqq!:ii! gAftlfffitAig.,Fikaied•i•NiiRi:T..0.-TAL:RASE:::B/D :q.;!; ::: ::!:!:!::?.;!; A:ti,r).*:41:74:i.:::•!i-t.iigi::!.i:::::Riji!?•0iiiiii:ji...AZ31)IALr2Ogigi:.1!; 1111110111MilingillaPalige Apac-Texas 0 c) S632,571.45 S $14,160.00 :,-z:::':, ----,:zzf. ,'zwf,'.$$z.;,'$:4f, ,'m' z,'• :4z:; :;::::::::z,:::•'n.'mim::;:';m:3iiim:.r::.'Ti:i:i:'':.1!1:im'm-n:.'g%m.mi'ilm:•.RMtgiNg'EME'Zme".Pi.W,ZMVL'IME:g.Znggi::::','.:U:gM All-Tex Paving El 0 $ s s :..:Nium:m:N.EE:mmii...iw. .................................................................................................................................................................................................................................................................................................................................................................................. _Camino Construction 0, c) $614,369.95 S140,000.00 $53,100.00 •:::E'IMMEE'4M:TMi:Mn:ii,:0Mig:ii:;i:MM, nigaMlisiiiiii0a0;020:MagglaMMEMEMIEMEMIEVATi:MEMEMEMEMEM: — East Texas c) 0 $605,710.94 S50,000.00 S24,957.00 ..1..::;..:;.W...g..M.M.:U:M..''.0. :3.3.'.'.'.''.::;.;..-...:.•:•:':T:'.'..1:''.3.0. 1:zt: lili0.1il'.]:a,...:1:;.:d:'?i':i.6:: : ?;...M.M.X:iai::::::MiM.:Ei?..: ?:.,WORIZ20.M.MM:N•riMMEN.:REE...:ME:?:':21.:*:: Ed Bell Construction S S S 0 0 _ JRJ Paving c) c) $631,546.92 $16,000.00 $28,320.00 ?'.M.3.':'.iafit'i:•' ':.W..'.'.?..'.)5ia:M.'.'.''?•.'.:.5.':''1":"' WW : ' M3:3.EUZ.ME:is:inninnge2:2:.1:23.?Zi:1%.:1...': ME:.!:Mig,U.::II:.:!.:. K&S Utility $ S $ 0 El M.:.MfOR:a.ei:MMAMMf a;;;;M a ::';'M'M4f.;:' ' '''"'f;'fA;:f .4:*;;;MEkliM :ME:::4MWEEEMSMT::?Zf;;;TZE McMahon Contracting 0 0 $660,678.25 S S ::i::-k].:::.i.M.•301',.?,.m:i'st:M.:MS.gn5.5:?N:'gg'4:.;.z?:.aa=zii.=1.ai',ZZa:iV.MMS.U:::M.W.M:MaM::.'g';.{:M.Ei;.i;::A3KEM.Zg::galg:'fi:l;'E:Ti.mM:t2MM.?.:k,EaiMlair:;::.:::] Moss Construction EJ . 0 $ S S , Quantum Contracting 0 0 $647,107.90 $10,000.00 $35,400.00 Scava 0 0 S S S Site Concrete (-_-.) 0 $699,595.15 $12,500.00 37,170.00 lin.E.ZEIEBAMEN.M.Z.;:.,=:'::::EZ.E3.:::AMMI'M:iili?:M.REEMEN.M.0.................................................................................................................................................. . Tiseo Paving 0 (-_-.) $653,969.15 $150,000.00 $26,550.00 :::::::,.:.:::.:::,==::::::zz.mmz.mwz=..::::::::::::::=1::::mwm.:::::....:;:,4:::::::::::::i=:::::::f.zz::z::;::zz::::mmmzKw:::'::::Y:::.•'%4zz::zzzbx:::;::::::rmmm:;, s5xi'.5?:iim;.p.:::zz::z:::::;:n::::*.,A5Mggmf.mgma:ia Tri-Con Senices. c) $647170.40 $ $ t.MMISiMai::N.5.T;kWl'Sk:Z:aaii'gMEU'MEMMaaWMal'M'i5.E.C.MMan:M:15:ga'I'M .E::.ER Triple S Utilities El $ S 0 $ mimmazmamiim..............................................ma:mammaifamgtIg.ZIEMEMmag;I:AlltEMWM:i'..4TEMIMINEEMaKamaNIR.:::'ii: XIT Paving 0 0 $558,892.31 S68,100.00 S33,630.00 ;M•62Mi'Mx:1%:ggk';.N.EiEZEM.giNS.WiN.::::::B.ME.E1: 11E1]:i.3:;=::'10. 2..:IME.W.E:MMEMOSEMENE:3MES:WiliZEMEREE 0 0 s s $ ,.:a.:miio:,,,:mammagm:,,,.mc:&;:.mgwg.,.::.mx.%m,ix,m.:55m,mgmmg,:w;:,,o.:m.:,iamw..:smgggsamzws.gmEzzazsgs.m.sz.g.z..:;E:T::Eug 0 0 s s $ ;E:m3.. .mons. .:..m.o.m6:n....E.:=0. :iig..m.mo.mmizzgl..E3.ER.Humm.mmuno.E.1]-?:::::?4:: :: CI 0 s . s $ ::::0:::::%,:,:::::::::::::4:::ITM551.M555f.;5:WM55:,:mm:::=1::::%:::::::'.....::::::,:::%:::00:::::::::::%::::=:,;:,:m.zzo:: ::::::-;5:::::::::::;z:::::::,,kw:=:::::4:: ::::::50::::•;::z-;::::55M.15M55%,..•.%'55%::::••::::::::=5:41::::::::::::TIMMIT.MM....................... 0 D s s s THE HOGAN CORPORATION • 12900 Preston Road al LW,11620 Dallas,Texas 73230 WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 9 February 11, 1997 issue '' Discuss and consider appointing a replacement to the Zoning Board of Adjustment for an unexpired term ending 7/97. Background James Arthur Smith was appointed to the Planning &Zoning Commission in December of 1996. His term on the Zoning Board of Adjustment would have ended July of 1997. The role of the Zoning Board of Adjustments is to grant variances, special exceptions and hear appeals to the decisions of the building official as they relate to the Zoning Ordinance. A decision of the Zoning Board of Adjustments can only be appealed to a court of record, which in Collin County is District Court. The City Council does not have the ability to over-rule or hear appeals to a decision of the Zoning Board of Adjustments or hear cases in lieu of the Zoning Board of Adjustments. The Board can only grant variances to provisions of the zoning ordinance if they pose a hardship to a particular piece of property due to some physical irregularity of that property. Special exceptions, like extensions of non-conforming use, can also be made but only if they do not convey a special privilege to a property that is not commonly enjoyed by relative properties. The board cannot grant variances based on financial hardship and cannot grant a variance to a land use. Four members of the Zoning Board of Adjustments constitute a quorum, not three. An affirmative vote of the Board requires four positive votes. For this reason, there are two alternate members of the Zoning Board of Adjustments appointed by Council to help insure a quorum. Council has the option of appointing either one of the two alternates, Ken Ryburn and Denise Mays, to the position and name a new alternate or name a replacement member. A notice was placed in the paper to accept applications to fill the vacant position. Three applications have been received. They are Matthew Conte, Mark Clark and Don Cornett. Board Recommendations N/A Action Agenda Item No 9 Page 1 Financial Considerations N/A Legal Considerations Section 211.008 of the Texas Local Government Code and Article 8, Section 2(D) of the Wylie Home Rule Charter sets out the qualifications for members of the Zoning Board of Adjustments. Members of the Zoning Board of Adjustments should be knowledgeable in the affairs of the City and in the functions and activities of the Board. Staff Recommendations N/A Attachments Applications for Consideration - injti 611Artik. repared by Rev ed by Fina ce City Manager Approval Action Agenda Item No 9 Page 2 CITY OF WYLIE Full Name: MAMA-litivAA T. C-r-ti1T� Boards & Commission Application Home Address:90 6"Thu-\t A-tyl.., Please print or type, return completed City,State,Zip: l�� t.S Tx 7co 9 8 application, before June 13, 1996,to: .. 11 ���� Business Address:a q3S CeAyr tq-(.. FX1 JL1 City Secretary's Office ''ll,_,_ 2000 Hwy. 78 North City, State, Zip: �LC1144415viJ 7 98 Wylie,Texas 75098 Home Phone:yy Z Mr Work#:1064 at(9 Board or Commission ,` (indicate first,second,and third choice) Resident of Wylie for 3 t2. Years sr ,l Planning and Zoning Board Please list any spe ial skills or qualifications: (5)0,4, L.�4nfYJWG �er) 7i airty uaar - wiA449.5 SGflt..ica L&G L 3 'Zoning Board of Adjustments FACLL Tant4inI& - aitT,r . ❑ Library Board Why do you desire to serve on these boaids? 76A %U 91Nt3, sl l,Jc. o' + . �104enlzc rr 4 TL'LCJ m.µw.1 tC,4.116,Q. ❑ Ambulance Advisory Board Du34.n, ,� W,t ribac.c t Ci l+•t pe ua.6pwurwr d i' w . ❑ Construction Code Board Signature 2 Parks and Recreation Board Date Matthew J.Conte Senior Manager Zoning Board of Adjustments Constru Wireless Network Solutions Consists of 5 members and 2 alternates who meet Consists Northern Telecom N EYRT E L on an "as needed" basis to consider applications needed" 2435 N.Central Expressway for variances to zoning ordinance regulations. The requirem Richardson,TX 75080-2799 NORTHERN T LECOM board hears appeals regarding determinations of experien P.O.Box 833805 Richardson,TX 75083-3805 the Zoning Administrator, and considers action Tel 214 684-2169 concerning non-conforming uses. Fax 214 684-3300,QuickMail:Matt Conte Library Board Consists of 3 members who meet on an "as needed" basis and advise Council on ambulance Consists of 7 members who meet on the 2nd services. Monday of every month and advise the Council on library services and programs. Planning and Zoning Commission Parks and Recreation Board A 7 member board that meets the 1st and 3rd Monday of every month to review rezoning A 7 member board which meets the 4th Monday of applications, subdivision plats and site plans, and every month and advises the Council on advise Council regarding comprehensive planning acquisitions, maintenance, operation and use of issues. parks, playgrounds, and open spaces. Mark Clark bF�De General M ager Grubb&Ellis Axiom Real Estate Management,Inc. 1900 Pacific Avenue, Suite 202 Dallas,TX 75201 Full Name:MAkkI(214) 969-5450 Site Phone (214)969-0525 Site Fax ion Home Address: ,1wV V...:� AXIOM (972)450-3262 Phone ` l —7ICI (972)450-3399 Fax City, State,Zip:W , ` 1 ` \Ac Business Address: T . Ci 'Secretary's Office 2000 Hwy.78 North City,State,Zip: 1 �� 'j 1�' Wylie,Texas 75098 AI,LAHo Pho e k#: . �J Board or Commission Vcr. t (indicate first,second, and third choice) Resident of Wylie for k,c7 - Years ❑ Plan ' g and Zoning Board Please list an ecia s ' o u rcatio r*: Lit_ ems. 4 1.� 1N Zoning Board of Adjustments ' -, ti)kAC .1,{,.��� S t-'Igh... ❑ Library Board y o yo desire to seyv� o these bo 1 r � � �J 0 Ambulance Advisory Board ❑ Construction Code Board . Si nat .e-N), 1 % 1,--/ t. ❑ Parks and Recreation Board Date ` i NAIL., a tYpst 1;Acevklve____ V. Zoning Board of Adjustments et-7C nstructi n e ar -Urol O A ho me an "as Consists of 5 members and 2 alternates who meet Consist o members w on an "as needed" basis to consider applications needed" basis to review building code for variances to zoning ordinance regulations. The requirements. Plumbing, contractor, and electric I board hears appeals regarding determinations of experie ce h Ipful. i A i ` the Zoning Administrator, and considers action lill,concerning non-conforming uses. �� �� �/e %� i �eAry Bo �8`"' Library Board onsists of 3 memb 14o e, a on an "as� �``� needed" basis and advi e Counc on ambulance Consists of 7 members who meet on the 2nd serf s. Monday of every month and advise the Council on ' �f C ai5 ✓et..L.: library services and programs. Pla ning and Zoning Commission Parks and Recreation Board A 7 member board that meets the 1st and 3rd Monday of every month to review rezoning A 7 member board which meets the 4th Monday of applications, subdivision plats and site plans, and every month and advises the Council on advise Council regarding comprehensive planning acquisitions, maintenance, operation and use of issues. parks, playgrounds, and open spaces. CITY OF WYLIE Full Name: J AmE 5 DontiP.ltD Co(LNlrc 1 Boards & Commission Application Home Address: I I 0 M R2 t';/3 -D2kJ Please print or type, return completed City, State,Zip: w kA 1 t cl. ! Tx -1 S odl$ application to: Business Address: 13 So o M . c-o v RFc._ E),P y City Secretary's Office 2000 Hwy.78 North City, State,Zip: C LL Pc 1 Tx 1 S24o s Wylie,Texas 75098 ci 1-2- �i72- Home Phone: 4'k 2-0519 Work#: q 4 c-14 2_ Board or Commission (indicate first,second, and third choice) Resident of Wylie for 4 Years V 21 Planning and Zoning Board Please list any special skills or ualifications: InWesTEo 1N P-GlkL. G 51-4.6-c /LAf,io CzS kirS) FAN%L.i/}/L w. SP,Sc_i F.%C/N-ftor 5/rER1.4. 14e1.06>i QIR/Zoning Board of Adjustments Ur-) tZ,us,plEss / PE2so riPo- L (F ) Why do you desire to serve on these boards? ❑ Library Board 1. woui-n Let Ke 'ro oFF.:2 t-k c-xP 21- Ise /'tkaGEMFt-)T 1-1- My OE' Ambulance Advisory Board Lo M nn u!J'1 TA/ • Gam' Pd 1 0.1A"JA ❑ Construction Code Board Si nature J PCB VIP;it/ \7- 1 k9t °l -1 El Parks and Recreation Board Date 1 Zoning Board of Adjustments Construction Code Board Consists of 5 members and 2 alternates who meet Consists of 7 members who meet on an "as on an "as needed" basis to consider applications needed" basis to review building code for variances to zoning ordinance regulations. The requirements. Plumbing, contractor, and electrical board hears appeals regarding determinations of experience helpful. the Zoning Administrator, and considers action concerning non-conforming uses. Ambulance Advisory Board Library Board Consists of 3 members who meet on an "as needed" basis and advise Council on ambulance Consists of 7 members who meet on the 2nd services. Monday of every month and advise the Council on library services and programs. Planning and Zoning Commission Parks and Recreation Board A 7 member board that meets the 1st and 3rd Monday of every month to review rezoning A 7 member board which meets the 4th Monday of applications, subdivision plats and site plans, and every month and advises the Council on advise Council regarding comprehensive planning acquisitions, maintenance, operation and use of issues. parks, playgrounds, and open spaces. WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 10 February 11, 1997 issue Consider and adopt an Amendment to Ord. No. 83-18A, Chapter 3, Section 14 of the Wylie Code of Ordinances, pertaining to masonry construction requirements for storage buildings in a mobile home park. Background Ord. No. 83-18A, a comprehensive Ordinance regulating mobile home parks, contains structural requirements for all buildings and facilities in a mobile home park. These requirements apply to any service buildings, recreation buildings, and other community service facilities. The community service facilities include management offices, maintenance and storage areas, and sanitary or laundry facilities. According to Sec. 707 c. 1., construction must comply with the current Uniform Building Code adopted by the City of Wylie and causes of at least 75% masonry. While reviewing plans for a storage building in a mobile home park, it came to the attention of city staff that these requirements may be overly restrictive. Staff realizes that the intent of this provision is to have service buildings and other permanent structures that are aesthetically pleasing and structurally enduring on the mobile home park site. The use and location of the service buildings, management offices, recreation buildings, maintenance, sanitary and laundry buildings lend themselves to the more restrictive 75% masonry construction requirement. The number of users of these facilities, the types of uses, and the location on the property in relation to City streets, public right of ways and required open space within the park would dictate the more durable finish and aesthetic benefit that masonry construction would afford. However, for the construction of a storage building in a mobile home park, the requirements seem to be overly restrictive. This type of construction is more restrictive than the development standard that calls for masonry exteriors in Commercial and Residential Zoned Districts. These requirements call for 75% masonry exteriors, not construction, and only 50% on any single face of residential structures. Residential requirements also allow for wood framed structures to be built if more than 60% of the other residential structures within a block are also made of similar construction. It is worth mentioning that virtually all homes in a mobile home park are made with exteriors of metal, masonite or wood siding. Action Agenda Item No 10 Page 1 The proposed change in Ord. No. 83-18A is to Section 7.07: c. Structural Requirements for Buildings, no. 1: "Service building shall be protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of moisture and weather-proof materials and construction. Construction must comply with current Uniform Building Code as adopted by the City of Wylie and causes of at least 75% masonry construction except storage buildings not for occupant use, wb.ich__must_have at least 75% masonry exterinrs_ on any wall that faces a City street, public right of way, and any public area or required open space in the_park.__" The remainder of the buildings in a mobile home park would still have the same requirements as before. This change would allow for the intended aesthetic and durability benefits of this section of the Ordinance, particularly with regard to the walls of the building which might face public areas of the mobile home park or the City. Board Recommendations N/A Financial Considerations This proposed change would not have any financial impact on the City of Wylie. It could lessen unnecessary financial hardship on the owners of the mobile home park. Legal Considerations Local Government Code 51.001-"Ordinance, Rule, or Regulation Necessary to Carry Out Other Powers" gives the governing body the authority to adopt, publish, amend or repeal an ordinance, rule, or police regulation that is necessary or proper for carrying out a power granted by law to the municipality or to an office or department of the municipality. Also Local Government Code 51.072- "Authority to Self-Government", the municipality has full power of local self-government. Action Agenda Item No 10 Page 2 Staff Recommendations Staff recommends amending Ord. No. 83-18A with the proposed change. Attachments Excerpt from Ordinance No. 83-18A Section 7.07 with the change inserted Copy of Ordinance va--ko,vcA,:,,, r' 7:14,,,„ " e- Prepared by Re ' ed by Finance City Manager Approval Action Agenda Item No 10 Page 3 Excerpt from Ordinance 83-18a. 7.07 Service Building and Other Community Service Facilities: a. General - The requirements of this Section shall apply to service buildings, recreation buildings and other community service facilities, such as management offices, maintenance and storage areas, and sanitary or laundry facilities. b. Required Community Sanitary Facilities - Every park shall be provided with emergency sanitary facilities consisting of not less than one (1) flush toilet and one (1) lavatory per sex for each 50 mobile home lots, or fractional part thereof, which shall be accessible to all mobile homes. c. Structural Requirements for Buildings - 1. Service building shall be protected from damage by ordinary uses and by decay,corrosion, termites and other destructive elements. Exterior portions shall be of moisture and weather-proof materials and construction. Construction must comply with current Uniform Building Code as adopted by the City of Wylie and causes of at least 75% masonry construction, except storage buildings not for occupant use. which must have 75% masonry exteriors on any wall that faces a City street.public right-of-way. any public area or required open space in the park. " 2. All rooms containing sanitary or laundry facilities shall: a) Have sound resistant walls extending to the ceiling between male and female sanitary facilities. Wall and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, non-absorbent water-proof material or covered with moisture-resistant material in accordance all code applicable. b) Have at least one window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than ten(10)percent of the floor area served by them. c) Have a least one window which can be easily opened or an adequate mechanical ventilation device. 3. Toilets shall be located in separate compartments equipped with self-closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open. 4. Illumination levels shall be maintained as follows: a) General seeing tasks - Five (5) foot-candles; b) Laundry room work area- Forty(40) foot-candles; c) Toilet room, in front of mirrors - Forty(40) foot-candles. 5. Hot and cold water shall be furnished to every lavatory, sink and bathtub, shower and laundry fixture, and cold water shall be furnished to every toilet and urinal. d. Barbeque Pits, Fireplaces, Stoves - Cooking Shelters, barbeque pits and fireplaces shall be so located, constructed, maintained and used so as to minimize fire hazards and smoke nuisance. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors. No open fire shall be permitted except in approved facilities. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 83-18A, REGULATING MOBILE HOME PARKS, ADDING AN EXCEPTION PROVIDING ALTERNATE STRUCTURAL REQUIREMENTS FOR STORAGE BUILDINGS NOT FOR USE BY THE OCCUPANTS OF THE PARK; REPEALING CONFLICTING PORTIONS OF ALL OTHER ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Wylie has adopted Ord. No. 83-18A, Regulating Mobile Home Parks which currently appears, with amendments, as Chapter 3, Section 14 of the Wylie City Code; and, WHEREAS, the City Council realizes that the needs of its citizens are ever changing; and, WHEREAS, the City Council has determined in its legislative capacity that adoption of such amendments furthers the best interest of the City; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows, SECTION I Ord. No. 83-18a, be, and it hereby is, amended by adding an exception to Section 7.07, c.1., as follows: c. Structural Requirements for Buildings, no. 1: "Service building shall be protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of moisture and weather- proof materials and construction. Construction must comply with current Uniform Building Code as adopted by the City of Wylie and causes of at least 75% masonry construction except storage buildings not for occupant use. which must have at least 75% masonry exteriors on any wall that faces a City street. public right of way. and any public area or required open space in the park." SECTION II That Section 14.00 of Chapter 3 of the Wylie City Code being hereby amended and repealed any conflicting provisions of Ordinance No.83-18A or other ordinance. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal or unconstitutional. SECTION IV This ordinance shall be in full force and effect from February 19, 1997 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 effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1996. By James D. Swartz Mayor ATTEST Susan Shuler City Secretary