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05-11-1999 (City Council) Agenda Packet WYLIE CITY COUNCIL rti/11 Agenda Reminders: Tuesday, May 11, 1999 • Boards&Commission Applicant's Reception-5:30 pm -6:45 pm 7:00 p.m. Municipal Complex Wylie Municipal Complex-Council Chambers • Council Photos-6:30 pm. 2000 State Highway 78 North Council Chambers Wylie,Texas 75098 1 Item No. Agenda Item Action Taken Call to Order Invocation Pledge of Allegiance Presentations & Proclamations Presentation by Chief Butters Updates on CAD System Installation&Direct Alarm Monitoring Citizens Participation Election of Mayor Pro Tem Consent Agenda All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed form the consent agenda and will be considered separately.' A. Approval of the Minutes from the Regular Meetings of April 13 and April 27, 1999 and the Special Called Meeting of May 4, 1999. Items for Individual Consideration Approval of Resolutions 1. Consider and act upon authorizing the City Manager to execute an agreement with the Kansas City Southern Railway Company for the installation of a new crossing surface and flasher signals with gates. Worksession Discussion on authorizing the City Manager to enter into a contract between the City of Wylie, the Town of St. Paul, and Baron Cook for the provision of sewer services. 2. Consider and act upon authorizing the City Manager to enter into a contract between the City of Wylie, the Town of St. Paul, and Baron Cook for the provision of sewer services. Staff Reports Item No. Agenda Item Action Taken Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.072,Deliberation Regarding Real Property and SS 551.075,Conference with Employees to receive information from the employees or question the employees. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. In add%t on to specifically identified Executive Sessions, Council may convene into Executive Session at any point inuring the open meeting to discuss any item posted on this agenda. Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on this the day of ,1999 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code. City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972/442-8100 or TDD 972/442-8170. Page of MINUTES Wylie City Council Tuesday, April 13, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order. Tuesday.April 13, 1999 at 7:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen. Lavern Ramsey, Merrill Young,J.C. Worley and Chris Trout. Staff members present were: Mike Collins_City Manager: Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director Chris Hoisted, Hogan Corporation and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the invocation. Pledge of Allegiance Councilman Trout was asked to lead the Pledge of Allegiance. Presentations & Proclamations Mayor Mondy and the Wylie City Council gave special recognition of the WISD Teachers of the Year nominated by each school campus. Five of those selected were present, including the newly named Teacher of the Year who will represent the City of Wylie in District competition. Ms. Betty Stephens was also present. Citizens Participation Mr.Jeff Janke,TU Electric addressed Council briefly regarding the optional rates proposed by TU Electric. Mr. Janke was then available for questions from Council. Consent Agenda A. Approval of the Minutes from the Regular Meeting of March 23, 1999 and the Worksession of March 30, 1999. B. Consider and act upon adopting a resolution designating the Wylie News as the official publication of the City for a single year. Councilman Scott made a motion to approve Items A and B on the Consent Agenda. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. RESOLUTION NO.99-9(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE Wylie City Council Minutes April 13,1999 Page 1 Worksession City Wide Wage Plan The Mayor convened into Worksession at 7:20 p.m. Mr. Chris Hartung, The Waters Consulting Group,Inc.,was present to give Council a presentation offering comparisons from the old wage plan to the new plan using handouts that outlined our current wage plan and salary ranges as opposed to the new plan. Mr. Hartung gave an explanation of the process used to restructure the wage plan. Mr. Hartung stated that this plan was designed to address an employees worth,not cost of living and that it would develop a system to manage personnel costs. He also stated that the new plan would develop a system for evaluating employees. Mr. Hartung stated that the next step would be to bench mark positions. He stated that this would involve gathering date to identify organizations that had the same benchmark positions as those identified by the City of Wylie,with Council's direction. Mr. Hartung was available for questions from Council. Mr,. Collins stated that the entire benefit package, including vacation,personal leave,insurance and retirement is as good, if not better than most. The Mayor convened in to Regular Session at 8:00 p.m. Items for Individual Consideration Public Hearings 1. Hold a public hearing and consider a request from Ronald Lee Williford,for approval of a zone change from A(Agricultural)to B-2(Business)for the property generally located at the southeast corner of FM 544 and Regency Drive between Steel Road and FM 544 and being all of Lot 2, Block B, of the Jacobs Addition, City of Wylie, Collin County,Texas. Mr. Tobin Maples. Planning Director, addressed this item. Mr. Maples stated that the applicant is requesting rezoning on 1 acre in order to develop the property with business uses. Specifically,the applicant has stated that he intends to develop the property with a commercial landscape company. The properties to the north are zoned I(Industrial)and A(Agricultural)with the agricultural tract being vacant and the industrial tract being partially developed with business uses. The properties to the south and southeast are zoned I(Industrial)and developed with business uses. The property to the west is vacant and zoned for B-2 (Business)uses. He stated that Public Comment Forms were mailed to thirteen (13) property owners within 200 feet of this request. Two(2)Public Comment Forms in support of the request have been returned. Mr. Maples stated that the applicant is aware that site plan approval by the Planning and Zoning Commission may be required prior to the issuance of building permits or permanent certificate of occupancy. Specifically,the applicant has stated that he may utilize both the one(I) acre lot under consideration for rezoning and the one(1) acre lot located to the south for his development. The one (1) acre lot to the south is already zoned I(Industrial) and,therefore,is not included as part of the request for rezoning. However,the property to the south has never been platted and,therefore.requires site plan approval prior to the issuance of new building permits. Should the applicant desire to redevelop the one (1) acre tract to the south. site plan approval by the Planning and Zoning Commission shall be required. Mr.Maples stated that at the March 16. 1999, Planning and Zoning Commission meeting,the Commission voted unanimously to recommend approval of this case. Mr. Maples was then available for questions from Council. Council expressed some concerns regarding the screening. Mr. Maples explained the acceptable screening requirements. The applicant was in the audience and did come forward to address additional questions from Council. Wylie City Council Minutes April 13,1999 Page 2 The Mayor then opened the public hearing and asked that anyone wishing to speak either in favor of or in opposition of the zone change request to come forward,stating name and address for the record and limiting their comments to five minutes. With no response. the Mayor then closed the Public Hearing. Councilwoman Reta Allen made a motion to approve the request from Ronald Lee Williford,for a zone change from A(Agricultural)to B-2(Business)for the property generally located at the southeast corner of FM 544 and Regency Drive between Steel Road and FM 544 and being all of Lot 2,Block B,of the Jacobs Addition,City of Wylie, Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. ORDINANCE NO.99-7 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING THE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO B-2,BUSINESS DISTRICT CLASSIFICATION;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 2. Hold a public hearing and consider a request from Zlan, Ltd., for approval of a Specific Use Permit (SUP) for a Commercial outdoor amusement(proposed driving range)on the property generally located at the northeast corner of FM 1378 and Brown Street and being a portion(9 acres)of a 23.4971 acre tract of land conveyed to C.B.A. Enterprises by substitute trustee's deed recorded in Volume 2612,Page 605, Deed of Trust Records of Collin County,Texas. Mr. Maples addressed this item. Mr. Maples stated that this application under consideration has been pending since September 2, 1998. The applicant originally requested a Specific Use Permit (SUP) for a commercial outdoor amusement on nine(9)acres in order to develop the property with a golf driving range. In every zoning district, certain specific uses are allowed when granted in accordance with Section 23 of the Comprehensive Zoning Ordinance No. 85-23A. In this particular case. the applicant must obtain a Specific Use Permit(SUP) due to the fact that a golf driving range is defined as a commercial outdoor amusement(Section 33.22 of the Comprehensive Zoning Ordinance No 85-23A). Mr. Maples stated that In an effort to open the proposed golf driving rage prior to submitting the application under consideration tonight. the applicant applied for a temporary Specific Use Permit (SUP). A temporary specific use permit may be issued with the approval of the Planning and Zoning Commission and City Council for a period not to exceed eighteen (18) months. Should the Council approve a request for a temporary specific use permit (SUP), the applicant would be required to seek permanent zoning prior to the expiration of said temporary specific use permit. The applicants request for the temporary SUP (ZC.No. 98-11)was denied by City Council on October 13, 1998. As a result. the case under consideration tonight(ZC. No. 98-14)has been pending since September 2. 1998. Mr. Maples stated that in an effort to finalize or close pending cases at year end,staff sent two(2)certified letters to the applicant requesting that he either proceed with the request or withdraw the application (see attached letters). Specifically,the second letter dated January 4. 1999,requested that the applicant notify staff of his intent or desire and advised him that failure to respond by February 5. 1999.would result in the case being forwarded to the Planning and Zoning Commission and Cite Council with a staff recommendation for denial. As of March 29, 1999,the City had not received a response to the letter. Public Comment Forms were mailed to eleven(11) property owners within 200 feet of this request. No Public Comment Forms have been returned. Mr.Maples concluded that at the March 16. 1999. Planning and Zoning Commission meeting,the Commission voted unanimously to recommend denial of this case. Mr. Maples was then available for questions from Council. Wylie City Council Minutes April 13,1999 Page 3 The Mayor asked Mr. Maples if there was any indication that the applicant had done anything about the lighting, netting or parking. Mr. Maples responded that there was nothing erected to indicate otherwise. The Mayor asked if the applicant was present. The applicant was not. The Mayor then opened the public hearing and asked that anyone wishing to speak either in favor of or in opposition of the zone change request to come forward.stating name and address for the record and limiting their comments to five minutes. With no response.the Mayor then closed the Public Hearing. Councilman Scott made a motion to deny the request from Zlan, Ltd., for approval of a Specific Use Permit (SUP)for a Commercial outdoor amusement(proposed driving range)on the property generally located at the northeast corner of FM 1378 and Brown Street and being a portion (9 acres) of a 23.4971 acre tract of land conveyed to C.B.A. Enterprises by substitute trustee's deed recorded in Volume 2612,Page 605,Deed of Trust Records of Collin County_ . Texas. Councilman Worley seconded the motion. A vote was taken and the motion to deny passed, 7-0. Approval of Resolutions & Ordinances 3. Consider and act upon approval of a Resolution authorizing the submission of a Texas Community Development Program Application to the Texas Department of Housing and Community Affairs for the Community Development Fund; and authorizing the City Manager to act as the City's Executive Officer and authorized representative in all matters pertaining to the City's participation in the Community Development Program. Mr.Mike Collins,Assistant to the City Manager addressed this item. Ms. Manson stated that the City of Wylie was successful in 1995, after submitting application on three consecutive funding cycles over three years, in receiving a Texas Community Development program Grant. The City was awarded a$250,000 grant to finance $566,000 in water and wastewater system projects located in the older,central part of town. These projects were completed and accepted by City Council on 3/23/99. Mr. Collins stated that staff.with the assistance of the City's Consulting Engineer, The Hogan Corporation,has identified $537,485 in projects eligible for TCDP funding. The maximum grant awarded is $250,000. The City's match would be $287.485 if the total project list is submitted and approved by the City Council. The wastewater projects are located in the older. central part of town. A proposed project list is included as an attachment. Mr. Collins stated that the grant approval process involves scoring of the application by a Regional Review Committee,consisting of twelve (12)elected county and city officials from the North Central Texas Council of Governments, and staff from the TDHCA Community Development Program. Several distress factors are considered when scoring the application, including income_ property and unemployment levels of those persons directly benefitting from the improvements, as well as city wide income levels. Technical merits of the project that quantify the age and condition of the system proposed for replacement are also scored in the process. The overall score received from the regional level is advanced to the State and evaluated with all applications received statewide. The number of applications awarded funding will be established when the legislature authorizes a funding level for the TCDP Program. A city that pledges a significant financial overmatch to the program will enhance the competitiveness of the application. Mr.Collins stated that the city was awarded higher scoring in 1995 as a result of the overmatch. An overmatch reflects a strong commitment of the City's part to the area and its people. Wylie would request$250,000 in grant monies and would match this award by allocating $287,485 to the overall project. Mr. Collins stated that Southwest Consultants. Mr. Lee Lawrence will be working with the Hogan Corporation on this grant application. Wylie City Council Minutes April 13,1999 Page 4 Councilman Trout made a motion to approval of a Resolution authorizing the submission of a Texas Community Development Program Application to the Texas Department of Housing and Community Affairs for the Community Development Fund: and authorizing the City Manager to act as the City's Executive Officer and authorized representative in all matters pertaining to the City's participation in the Community Development Program. Councilman Scott seconded the motion. A vote was taken and the motion passed,7-0. RESOLUTION NO 99-10(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION INTHE COMMUNITY DEVELOPMENT PROGRAM. 4. Consider and act upon approval of a Resolution to authorize the negotiation and execution of an agreement to provide supplemental police patrols to the Lake Lavon Project in 1999. Chief Butters addressed this item. Chief Butters began with statistics on Crime in Wylie and produced figures that showed crime rates down and arrest rates have increased from last year. Chief Butters commended his officers for a job well done. Chief Butters stated that the Lake Patrol Agreement is similar to those in previous years since 1986. He did note the number of hours will decrease from 1.043 in 1998 to 1,.037 in 1999. Chief Butters stated that the Corp of Engineers provides a subsidy to the City for supplemental patrol during the summer months. The subsidy proposed this year provides or 1,037 man hours of patrols at a cost of$32,552.26,for man hours billed at 31.39 per hour. The FY99 budget includes an estimated subsidy of$33,000 from the Corps. There was some discussion regarding jurisdiction which Chief Butters clarified. Mr. Snellgrove stated that he would be providing additional information on insurance coverage and benefits during staff reports. Councilwoman Reta Allen made a motion to approve a Resolution to authorize the negotiation and execution of an agreement to provide supplemental police patrols to the Lake Lavon Project in 1999. Councilman Ramsey seconded the motion. A vote was taken and the motion passed. 7-0. 5. Consider and act upon approval of an Ordinance amending Chapter 78,Article III,Section 78-72 of the City Code,Park zones same boundaries as lift station districts. Ms. Mindy Manson. Assistant to the City Manager addressed this item. Ms. Manson stated that the Parkland Dedication Ordinance.which was adopted in 1987 and amended in March 1999,establishes the process by which the developers of residential property dedicate acreage Ibr parks or pay a parkland dedication fee. If a fee is paid, the ordinance specifies that any fee collected is to be utilized for park purposes within the same general area. These areas are called Park Zones and are geographically based on three Lift Station Districts which are defined in the City Code. Ms. Manson stated that as development activity has increased. the Parks and Recreation Advisory Board evaluated the existing Park Zones and determined that the realignment of the Zones was necessary. The Board's primary concern with the existing Zones is the fact that they do not encompass the entire City. Further,the Zones have not been adjusted to incorporate annexations during the past 12 years. Ms. Manson stated that in determining the logical boundaries for the recommendation, the Park Board took several factors into consideration. First_the Board reviewed the Parks and Open Space Master Plan. Because- Wylie City Council Minutes April 13,1999 Page 5 Item 5- continued -the emphasis of the Master Plan is on neighborhood parks. specific Neighborhood Areas were identified during the development of the Master Plan. These Neighborhood Area boundaries served as a solid basis for redefining the Park Zones. She stated that the Board also believed that the Zones should stay large in order to build in as much flexibility as possible for the use of the fees.while still ensuring that the funds accumulated stay in the same general area of the City. Ms.Manson concluded by stating that the Parks and Recreation Advisory Board recommended approval of the amendment to the Park Zone Boundaries by a unanimous vote and if amended, City Code will read as follows: Park zone boundaries. The park zones necessatyfor the implementation ot.the park dedication ordinance are declared to have the boundaries as delineated upon the park zone map. suuicl map being adopted as part of this article for all purposes. Councilman Scott made a motion to approve the Ordinance amending Chapter 78,Article III, Section 78-72 of the City Code.Park zones same boundaries as lift station districts. Councilman Trout seconded the motion. A vote was taken and the motion passed. 7-0. ORDINANCE NO.99-8 AN ORDINANCE AMENDING ORDINANCE NO 87-1.1 PROVIDING FOR PARK ZONES;TO PROVIDE FOR NECESSARY PLANNING FOR OPEN SPACE PRESERVATION AND PARK DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 6. Consider and act upon approval of an Ordinance granting a franchise to CoSery Gas Company. A motion was made by Councilman Scott to table the Ordinance granting a franchise to CoSery Gas Company. Councilwoman Allen seconded the motion. A vote was taken and the motion to table passed,7-0. Approval of Purchase &Award of Contract 7. Consider and act upon approval of the Replacement of Booster 1 with the purchase of a new Quint (Fire Apparatus). Chief English addressed this item. Chief English stated that in 1995.the City Council authorized the purchase of the fire departments first Quint lire apparatus,which has been put to the test several times since its placement into service. Chief cited several instances where the Quint has proven its value to the business and property owners and citizens of Wylie. He stated that because of the purchase of the Quint, in combination with other changes in personnel and equipment, has ushered in an era in which buildings valued at over two and a half million dollars were saved in the downtown lire alone. Chief English stated that the purchase of the city's second quint is proposed as a replacement of Booster#1 for 1999/2000 budget year per the city's fleet replacement program. Fire engines (or pumpers)have a twenty-year life span and additional five years as a reserve unit. The apparatus is a 750 G.P.M. Booster which has been modified to serve as a fire engine. It is a 1980 Emergency One vehicle with a"two-man"cab design and a tail board for additional personnel. With the growth of the city and the development of the fire department the need for this type of apparatus has diminished. Wylie City Council Minutes April 13,1999 Page 6 Chief English then presented in detail the three options regarding the scheduled replacement of Booster No. 1. 1)Retain the apparatus and continue its use for the\olunteer force: 2) Replace the apparatus with a fire engine and modify the current stalling plan or 3) Replace the apparatus with a Quint while maintaining the current staffing plan of the 'True Quint Concept' and place the Booster into reserve status. Chief English addressed concerns regarding time line for completion of the Quint(delivery in November of 1999) as well as an explanation of the 2in/2out concept established as a national industry standard by the National Fire Protection Association. Chief English provided information regarding the financing of the Quint. He stated that the quoted contract price from General Safety Equipment for the proposed new quint is $409,479. The City has already accumulated $37,000 in the Fleet Replacement Fund towards the replacement of Booster #1. He stated that the first consideration in financing is usually the cost of money_ however.with these low interest rates, the City has the opportunity or luxury to consider longer term financing. If the longer seven year term for financing is chosen, the net increase in cash flow to the General Fund would be approximately $37,500 per year. There was some discussion with Council on the Quint Concept with mention of other cities who also operate on this concept. Council had concerns regarding the current booster. which according to Chief English will go into reserve status. Chief English stated that they are hoping to lower our ISO rating with improvements to the Fire Department. However,it was explained that it would be in our benefit to make improvements over the next few years and wait until the year 2001 than to request a re-rating now. Chief English stated that they are confident of a lower rating by the year 2001. There were some concerns regarding the financing,4 years as opposed to 7 years. Mr. Snellgrove stated that Staff would recommend 7 years. Councilwoman Allen asked Chief English if he attends shows on new equipment. Chief English responded that he recently attended the show in Richardson last month and that he receives good ideas from attending such displays. Councilman Young made a motion to approve the Replacement of Booster 1 with the purchase of a new Quint (Fire Apparatus). Councilman Worley seconded the motion. A vote was taken and the motion passed, 6-1. Councilwoman Allen voting in opposition. 8. Consider and act upon the award of a contract for the construction of additional concrete flatwork at the Municipal Service Center. Chris Hoisted addressed this item. Mr. Hoisted stated that when bids were solicited three years ago for the Phase I construction of the Municipal Service Center. the lowest competitive bids were considerably higher than the architect's preliminary cost estimates and far exceeded the funding available for the project. Therefore, it was necessary to make severe reductions in the scope of the project. and significant utilitarian features of the building and site plans were deleted with the intent of phasing these in as funds became available in future budget cycles. Mr. Hoisted stated that in addition to the fleet maintenance garage. most of the concrete flatwork was eliminated from the Phase I construction. He stated that the concrete Ilatwork consisted of approximately 25,000 square feet of paved parking to the west of the building to be used Ior the staging of heavy equipment and storage of bulk aggregate materials, a small visitors' parking lot and the driveway and concrete aprons necessary for access to the planned garage addition and to the warehouse on the cast side of the existing building. The deletion of this concrete flatwork left the Service Center with little or no parking and storage forcing the City to use the old Service Center site on FM 544 for storage. Mr. Hoisted stated that competitive sealed bids have been solicited and received for the construction of approximately 25.000 square feet of paved parking for heavy equipment and trucks and for storage of bulk aggregate materials. Alternate bids were invited to provide paved access to the existing warehouse area and for- Wylie City Council Minutes April 13,1999 Page 7 Item 8- continued -the construction of concrete partitions for bulk material storage. Mr. Hoisted stated that of the seven bids received,the lowest responsive bidder is Morrow Construction, with a base bid of$118,314 for the construction of the 25,000 square foot parking/staging area, including the bulk storage area partitions. The alternate bid of $30,946.00 for paved access to the warehouse exceeds available funding and staff will not recommend this alternate construction. Mr.Hoisted stated that staff recommends that Council av and a contract to Morrow Construction to provide all equipment, labor and materials for the construction of approximately 25,000 square feet concrete flatwork for the base bid amount of$l 18,314.00. There was discussion regarding previous project of Marrow Construction which include, Kreymer Lane and Regency. Councilman Worley asked who would be responsible for overseeing the project. Mr. Hoisted responded that he would ultimately responsible. He stated that the completion time is 90 days. Councilwoman Allen made a motion to award the contract for the construction of additional concrete flatwork at the Municipal Service Center in the amount of$1 18,314.00. Councilman Trout seconded the motion. A vote was taken and the motion passed, 6-I. Councilman Worley voting in opposition. Staff Reports City Manager Mike Collins reported that the Ballard Street closure would be effective as of May 2, 1999 with a time line to be provided this week. He asked that all members of Council contact his office to respond as to attendance of the Carver Governance workshop. He reminded Council of the Library dedication on April 14, 1999, 7:00 p.m. Councilman Scott asked staff the status of the Street Impact Fees. Ms. Manson stated that there have been problems with the assembly of a complete committee and that the Planning and Zoning Commission would be acting as that committee, however, the comprehensive plan has been a priority. Councilman Scott asked for a time line for completion. Ms. Manson stated that the review of Street Impact Fees was a 5-6 week process. Mr. Snellgrove reported to Council that the City of Wylie is closing the bank account at the American National Bank entitled"Texas Community Development Program 94 Sewer Grant". He stated that the TCDP grant has been completed and that final payment was made to the contractor, XIT, on April 2, 1999. Mr. Snellgrove reported that all grant funds receivd from the State have been properly documented and accounted for and that there is no longer a need for this account, since the grant has been closed out. Mr. Snellgrove repored to Council that in researching our coverage and benfits for our Fire Department Personnel, he discovered that while the Fire Personnel has various levels of coverage,the same is not so for the Police Department personnel. They do have the same coverage with the exception of$100,000 accidental death, which the staff is working to correct. Mr. Snellgrovc explained the summary of benefits. Chief English addressed Council to clarify the Lake Worth situation. It was concluded that all Fire personnel had adequate coverage while working a fire for the City of Wylie, however, if firefighters choose to volunteer in another city they should assume the responsibiltiv of ensuring their coverage. Mr. Snellgrove stated that he would keep Council advised. Ms. Manson reported on the Rodeo Arena project introduced by Mr. Brent Bates. Ms. Manson stated that the Chamber Board voted to support the construction for this coming July Jubilee and to allow a two week time frame to research the City's process and requirements. There was discussion on several considerations of the Wylie Independent School District with regard to parking, land and formal action. Discussion concluded with the Council's need to see a formal proposal or application. Wylie City Council Minutes April 13,1999 Page 8 The Mayor convened into Worksession at 9:50 p.m. Worksession Presentation of Long Range Plans for the Smith Public Library Ms. Mignon Morse and Library Board Members. Tom Proctor and Shirley Burnett,made a brief presentation of the long range plans for the Smith Public Library. Information provided included goals for Building needs, staffing,collection development,automation and electronic resources, programming,public relations and School and Library relations. Ms. Morse and the Library Board Members were available for questions from Council. Adjournment. As there was no further business to come before the Council,the meeting was adjourned. John Mondy,Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes April 13,1999 Page 9 MINUTES Wylie City Council Tuesday, April 27, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday,April 27, 1999 at 7:00 p.m.with the following Councilmembers present: Joel Scott, Reta Allen. Lavern Ramsey, J.C. Worley and Chris Trout. Councilman Young was absent. Staff members present were:Mike Collins,City Manager; Mindy Manson,Assistant to the City Manager;Brady Snellgrove,Finance Director and Barbara Salinas, City Secretary. Invocation Pastor Jerod Rost of True Vine Fellowship gave the invocation. Pledge of Allegiance Councilman Worley was asked to lead the Pledge of Allegiance. Citizens Participation There was no citizens participation. Items for Individual Consideration Board Appointments 1. Consider and act upon appointment of a board of director to the North Texas Municipal Water District Board. Councilman Scott made a motion to re-appoint Mr. Harry Tibbals to a two year term expiring in May of the year 2001. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0 2. Consider and act upon appointing replacements to the Library Advisory Board for three unexpired terms. Councilwoman Allen made a motion to appoint Mr. Joseph Conely to fill the unexpired term of his late wife, Mary Conely,said term expiring in July of 1999, and to table the additional two appointments until July of this year. Councilman Scott seconded the motion. A vote was taken and the motion passed,6-0. Final/Preliminary Plats & Development Plan 3. Consider and Act Upon a Final Plat for Phase I of Sage Creek , proposed by Tipton Engineering for Paramount Land Development, generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a certain 18.3166 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Wylie City Council Minutes April 27,1999 Page 1 Mr. Snellgrove briefed Council on the Y2K External Committee whose charge is to address issues concerning Public Safety and Water and Sewer services that could have serious impact if service is interrupted. The committee has identified two levels of contingencies. Level 1 which has minimal cost and accepts some risk, and Level 2 which accepts not level of risk of discontinued service and carries with it a higher cost. The Committee continues to research these issues. The Committee has identified seven function areas: Radio Communication;Power to Dispatch,Phone System, Fuel,Water and Sewer Delivery,Vehicle Operations. and Traffic Control. Mr. Snellgrove provided related costs for both Level 1 and Level 2 issues. Mr. Snellgrove provided information regarding the Utility Fund and the issue of the hand held meter reading devices. He stated that this software is not Y2K compliant an must be replaced before 1999. Mr. Snellgrove gave an estimated cost of replacement of$16.000. Request for Proposal will be prepared and issued in May. The Mayor expressed his concerns regarding the Y2K situation and would like to use the Citizens Newsletter to address Y2K issues and reassure the citizens that the City does have a plan of action. The Mayor suggested a detailed presentation on Y2K. Mr. Snellgrove suggested that a worksession could be held in July during budget time. Regional Wastewater Treatment Plant Mr. Collins began with a brief description of the contract and stated the Mr. Chris Holsted,Mr. Larry Fuson and Mr.Brady Snellgrove would be making this presentation. Mr. Hoisted referred to the contract that was provided to Council and stated we are actually buying a service contract. Mr. Holsted explained that the projection for capacity needs were based on Wylie's residential and commercial development forecasts the were used in the 1997 Water and Wastewater Impact Fee Study, Comprehensive Land Use Plan process and the 1999 Bond Program. The population and flow projections from both Wylie and Murphy were reviewed by North Texas. Mr. Holsted stated that there was a ten year window before future expansion would be necessary. Council expressed concerns and had questions regarding the room for future expansion on this site. Mr. Holsted explained that there was room for future expansion and that the plant would be completed in phases. Mr. Larry Fuson, Hogan Corporation, provided information regarding the time line for completion, including existing possible reasons for delays working toward completion in three years. He cited public opposition could extend the time line. Mr. Snellgrove gave details of the financing of the Treatment Plant. Mr. Snellgrove gave an estimated construction cost for the 5 MGD regional plant of$7,500,000. Wylie's share of the financing based on a share of flow estimate of two-thirds would be$5,000,000. The debt service on$5,000,000 would be an additional cost of about $400,000 per year. Mr. Snellgrove explained that the $4,000,000 when coupled with the existing average annual debt of$203.800 on the Alanis plant would equal $603,800 per year. Council asked about the sewer pass-thni fee and if it would be continued. Mr. Snellgrove stated that it would in order to fund the debt for the two plants sine the fee related directly to the debt service requirements. Mr. Snellgrove stated that continued collection of the$2 fee should be sufficient to support the estimated debt service cost of$603,800. Mr. Snellgrove stated that the estimated costs for engineering and design will be approximately $700,000 and that staff proposed to pay these costs up front with impact fees to avoid having to pay interest. Wylie City Council Minutes April 27,1999 Page 4 The Mayor then convened into Regular Session at 9:50 p.m. 6. Consider and act upon the approval of an Ordinance of the City of Wylie, amending the budget for Fiscal Year 1999, beginning October 1, 1998, and ending September 30, 1999; repealing all conflicting ordinances, containing a severability clause; and providing for an effective date. Councilman Ramsey made a motion to approve an Ordinance of the City of Wylie, amending the budget for Fiscal Year 1999. beginning October 1. 1998, and ending September 30, 1999; repealing all conflicting ordinances,containing a severability clause; and providing for an effective date. Councilman Scott seconded the motion. A vote was taken and the motion passed. 7-0. ORDINANCE NO. 99-10 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING THE BUDGET FOR THE FISCAL YEAR 1999 BEGINNING OCTOBER 1,1998,AND ENDING SEPTEMBER 30,1999,BY AMENDING ORDINANCE NO 98-26;REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 7. Consider and act upon the approval of a contract for the Muddy Creek Regional Wastewater System between the North Texas Municipal Water District, the City of Murphy and the City of Wylie. Councilman Ramsey made a motion to approve the contract for the Muddy Creek Regional Wastewater System between the North Texas Municipal Water District, the City of Murphy and the City of Wylie. Councilman Scott seconded the motion. A vote was taken and the motion passed. 7-0. Adjournment. As there was no further business to come before the Council,the meeting was adjourned at 10:00 p.m. John Mondy,Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes April 27,1999 Page 5 Mr. Maples addressed this item. Mr. Maples stated that the final plat under consideration is Phase I of Sage Creek Estates and that the applicant is platting 18.3166 acres in order to develop the property within 62 single family residential lots. The property is currently vacant, unplatted and zoned PD (Planned Development)for single family residential uses. Mr. Maples stated that staff has reviewed the proposed pat for Phase I of Sage Creek Estates and found it to be in compliance with the Subdivision regulations and other pertinent ordinances of the City of Wylie. Mr. Maples advised Council that at the March 16,regular meeting of the Planning and Zoning Commission, the Commission voted unanimously to favorably recommend this case. Councilman Worley made a motion to approve the Final Plat for Phase I of Sage Creek,proposed by Tipton Engineering for Paramount Land Development,generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a certain 18.3166 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County_ Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed, 6-0. 4. Consider and Act Upon a Preliminary Plat/Development Plan for Phase V of Sage Creek, proposed by Tipton Engineering for Paramount Land Development, for the property generally located along the east side of McCreary Road, north of FM 544 and the railroad tracks, and between the Lakeside Estates Phase I Addition and Southfork Mobile Home Park and being all of a certain 63.822 acre parcel out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Mr.Maples addressed this item. Mr. Maples stated that the preliminary plat under consideration is Phase V of the Sage Creek Estates Addition,formerly part of the Lakeside Estates Addition,referring to the Zoning Exhibit. He stated that the applicant is preliminary platting 63.822 acres in order to develop the property with a master planned single family residential community and that this is the final step associated with establishing the Planned Development zoning request during the Lakeside Estates public hearings conducted in 1997. Mr. Maples gave a brief explanation of the process for approval of the Concept Plan and Development Plan. Mr.Maples stated that at the March 16 meeting of the Planning and Zoning Commission,the Commission voted unanimously to favorably recommend this case. Councilman Worley made a motion to approve the Preliminary Plat/Development Plan for Phase V of Sage Creek, proposed by Tipton Engineering for Paramount Land Development,for the property generally located along the east side of McCreary Road,north of FM 544 and the railroad tracks, and between the Lakeside Estates Phase I Addition and Southfork Mobile Home Park and being all of a certain 63.822 acre parcel out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 6-0. ORDINANCE NO.99-9 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,AS HERETOFORE AMENDED,SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANED DEVELOPMENT DISTRICT CLASSIFICATION;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Wylie City Council Minutes April 27,1999 Page 2 5. Consider and act upon a Final Plat for Springwell Parkway, proposed by Tipton Engineering for Paramount Land Development, for the property generally located along the east side of McCreary Road, north of FM 544 and the railroad tracks, and between the Lakeside Estates Phase I Addition and Southfork Mobile Home Park and being all of a certain 1.5711 acre parcel out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Mr. Maples addressed this item. Mr. Maples stated that the final plat under consideration is for the extension of Springwell Parkway. He stated that the applicant is final platting 1.5711 acres in order to dedicate the right of way and construct the road. The property is currently vacant,unplatted and zoned PD(Planned Development) for single family residential uses. Mr. Maples stated that staff has reviewed the proposed plat for Springwell Parkway and found it ti be in compliance with the Subdivision regulations and other pertinent ordinances of the City of Wylie. Mr. Maples advised Council that at the March 16, 1999 regular meeting of the Planning and Zoning Commission.the Commission voted unanimously to favorably recommend this case. Councilman Scott made a motion to approve Final Plat for Springwell Parkway,proposed by Tipton Engineering for Paramount Land Development,for the property generally located along the east side of McCreary Road,north of FM 544 and the railroad tracks. and between the Lakeside Estates Phase I Addition and Southfork Mobile Home Park and being all of a certain 1.5711 acre parcel out of the Moses Sparks Survey,Abstract No. 849,City of Wylie, Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed,6-0. The Mayor convened into Worksession at 7:15 p.m. Councilman Young joined the Worksession and was present for the remainder of the Meeting. Worksession Mid Year Budget Amendments Mr.Brady Snellgrove gave a presentation of an overall summary of budget amendments. Mr. Snellgrove detailed the individual department requests, and adjustments that needed to be made due to error. Council expressed concerns regarding the fund balance. to which Mr. Snellgrove assured that a our 14%is still considered good. Council had questions and concerns regarding the amendments proposed by Mr. Maples and the Planning/Community Development Department. Council had specific concerns regarding the use of the inspectors time and addressed code enforcement issues. Mr. Maples defined the"team approach"to a successful code enforcement program which would utilize employees outside of the department. Both he and Ms. Manson stressed the need for coordination and follow up in this area. Mr. Snellgrove then addressed budget perspectives of W2K related issues including personal computers and software that are general to all departments, computer and equipment that is department specific and other Y2K costs. Mr. Snellgrove gave a detailed presentation on the budget impacts of personal computers including testing for Y2K compliance and related costs. He also addressed uniform use of one software and the cost to convert users to the software of choice and the costs related to replacing the computers that may not be worth repairing. Mr. Snellgrove addressed the Y2K issues as they relate to the Police and Fire Departments. He stated that the new 911 system is Y2K compliant and has been installed and is operational. However,the dispatch recording system is over ten years old and not Y2K compliant and will need to be replaced at a cost of$21,000 which will be brought forward in the next year's budget. Mr. Snellgrove reported that the CAD system is under contract to be installed and is Y2K compliant. Wylie City Council Minutes April 27,1999 Page 3 MINUTES Wylie City Council Special Called Meeting Tuesday, May 4, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the Special Meeting of the Wylie City Council to order, Tuesday, May 4, 1999 at 7:00 p.m. with the following Councilmembers present: Joel Scott, Lavern Ramsey, Merrill Young, and Chris Trout. Councilwoman Reta Allen and Councilman J.C. Worley were absent. Staff members present were: Mike Collins, City Manager; Mindy Manson,Assistant to the City Manager and Barbara Salinas, City Secretary. The purpose of the meeting was to consider all matters incident and related to the canvassing of returns and declaring the results of the general and bond election held on May 1, 1999,including the passage and adoption of Resolutions canvassing said returns and declaring the results of said elections. 1. Receive Official Canvass of Election Returns for the General and Bond Election of May 1, 1999. Mayor Mondy read into the record the official Canvass of Election Returns from the General and Bond Election of May 1, 1999. Official acceptance of the returns and Summary are attachments to the Minutes and to be recorded in the official Record of Elections. 2. Consider and act upon the approval of a Resolution declaring the results of the official canvass of the General Election of May 1, 1999. Councilman Scott made a motion to approve the Resolution declaring the results of the official canvass of the General Election of May 1, 1999. Councilman Young seconded the motion. A vote was taken and the motion passed, 5-0. Councilwoman Allen and Councilman Worley were absent. RESOLUTION NO 99-12(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF THE GENERAL ELECTION OF MAY 1, 1999; GENERAL ELECTION FOR THE PURPOSE OF ELECTING THREE MEMBERS OF THE WYLIE CITY COUNCIL,PLACES 1 AND 3 FOR A TERM OF TWO YEARS AND PLACE 5 FOR A TERM OF THREE YEARS. 3. Consider and act upon the approval of a Resolution declaring the results of the official canvass of the Bond Election of May 1, 1999. Wylie City Council Minutes May 4, 1999 Page 1 Councilman Scott made a motion to approve the Resolution declaring the results of the official canvass of the Bond Election of May 1, 1999. Councilman Young seconded the motion. A vote was taken and the motion passed,5-0. Councilwoman Allen and Councilman Worley were absent. RESOLUTION NO 99-13(R) A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE BOND ELECTION HELD,MAY 1, 1999. 4. Administer Oath of Office to elected officials, Place 1 and 3. The Statement of Elected Official was first administered to Councilman Scott and Councilman Swartz. The Oath of Office was then administered to Councilman Scott and Councilman Swartz. Councilman Worley was absent. 5. Issue Certificate of Election. The newly sworn officials were then issued a Certificate of Election. Adjournment. As there was no further business to come before Council,the meeting was adjourned. John Mondy,Mayor Attest: Barbara A. Salinas, City Secretary' Wylie City Council Minutes May 4, 1999 Page 2 WYLIE CITY COUNCIL AGENDA ITEM NO. 1 May 11, 1999 Issues:' Discuss and consider authorizing the City Manager to execute an agreement with the Kansas City Southern Railway Company for the installation of a new crossing surface and flasher signals with gates. Background: The City of Wylie is required to enter into "Agreements" with the various railway companies in order to construct improvement projects which cross the railway or encroach the right-of-way. The agreement must be executed by the City Manager and attested by the City Secretary. The railway entities also require a copy of the resolution authorizing the signatures. Other Considerations: The agreement under consideration is for the rail crossing improvements associated with the Lakeside Estates development located along the north side of FM 544 directly across from Regency Business Park. Specifically, the new crossing surface and flasher signals with gates will be installed at the Spingwell Parkway (formally known as Marshal Lane) Cotton Belt crossing (Mile Post T-582.80). Financial Considerations: Total cost for the improvements amounts to $229,650.00. - Paid by the developer to the City of Wylie. Commission Recommendation: Not applicable Staff Recommendation: Approval of a resolution authorizing the City Manager to execute an agreement with the Kansas City Southern Railway Company for the installation of a new crossing surface and flasher signals with gates. Attachments: Resolution NA4 &()L-.) Prepared by evi'ted by Finance City M ger Approval Agenda Item Agreement/KCS RESOLUTION NO. RESOLUTION BY THE WYLIE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR THE INSTALLATION OF THE NEW CROSSING SURFACE AND FLASHER SIGNALS WITH GATES BETWEEN THE CITY OF WYLIE AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY WHEREAS, the City Council agrees that it is in the best interest to enter into an agreement between the Kansas City Southern Railway Company and the City of Wylie; and WHEREAS,the City is constructing a new road know as Springwell Parkway, which will cross tracks owned by Dallas Area Rapid Transit, at Mile Post T-582.80 in Wylie, Collin County, Texas; and that Kansas City Southern Railway Company has operating rights over this segment of track; and WHEREAS, Kansas City Southern Railway Company will install an 81 ft. prefabricated concrete crossing surface and flasher signals with gates at the proposed crossing; and WHEREAS, the City Council authorizes the City Manager to execute the agreement on behalf of the City of Wylie; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Agreement for Grade Crossing Surface and Warning Devices The agreement between The Kansas City Southern Railway Company and the City of Wylie, Texas covering land in Wylie, Collin County, Texas, at Mile Post T-582.80. SECTION 2: Authorizing Execution The City Council authorizes the City Manager to execute the agreement on behalf of the City of Wylie. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. 2 May 11, 1999 .............. .. . . . .......................... .. ...... ...... . Issue Consider and act upon authorizing the City Manager to enter into a contract between the City of Wylie, the Town of St. Paul, and Baron Cook for the provision of sewer services. Background The City of Wylie had been approached several months ago by a land developer who owns a 165 acre tract of land located in St. Paul and immediately adjacent to the City of Wylie city limits. The developer asked the City to develop a contract that would allow the property to be served by City of Wylie Wastewater Services. The City Council directed staff to prepare a draft contract for its consideration. There are several reasons why such a contract might be adopted. First, there is a possibility that at some undetermined time in the future, properties located in areas adjacent to the City of Wylie's limit may be incorporated into the City of Wylie's jurisdiction. Second, there is a possibility that at some undetermined time in the future, the TNRCC may no longer permit septic tanks to be installed. A situation such as this would all but mandate communities with septic systems to either develop their own sanitary sewer systems or cooperate with a neighboring city that already provides that service. The development and adoption of this contract allowing properties such as the parcel described above could apply to any properties adjacent to the city's limits currently located in any neighboring city. The City of Wylie's wastewater service is operated as an enterprise with no subsidy from the property tax payers of Wylie. This policy would establish that even though the neighboring cities have their own set of ordinances consistent with their General Law Charter, the raw land being developed would be platted consistent with all City of Wylie standards regulating the installation, maintenance, and operations of sanitary sewer service. If, for example, the property were located in the Town of St. Paul, its Planning & Zoning Commission and City Council would approve the plat using City of Wylie standards. No septic tanks would be allowed now or in the future within the designated subdivisions. The City of Wylie Wastewater crews would be responsible for maintenance and repair, just as they are responsible for the system within the City of Wylie. The sewer rates charged to customers includes the provision of maintenance at no additional cost to the customer. The City of Wylie will inspect and accept the sewer line construction and require the governing body to not approve or file the plat or issue building permits if improvements are not accepted by the City of Wylie. Financial Considerations The Wylie Northeast Water Supply Corporation provides water service to this area. The current City of Wylie sewer rate structure would apply to these new customers, including a sewer pass through. In addition to the regular sewer rate, a fifteen percent (15%) surcharge will be assessed. Agenda Item Contract/Sewer Service Financial Considerations -continued At the time of plat submittal, all related development fees, including a charge equal to the City's current sewer impact fee, will be assessed and collected by the Town of St. Paul. Final plat approval will not be granted by the municipality until the fees are paid to the City of Wylie. Other Considerations The City of Wylie will also require of the governing body to agree to and support application to the TNRCC to amend the City of Wylie's Sewer CCN boundaries. The basic terms of this contract would be applicable to other situations with similar conditions in other cities. This agreement is not a product of negotiations with the Town of St. Paul or the developer. This contract represents a draft contract that establishes the conditions acceptable to the City of Wylie to provide sewer services. Board/Commission Recommendation N/A Staff Recommendation Staff recommends that the City Council authorize the City Manager to enter into a contract between the City of Wylie, the Town of St. Paul, and Baron Cook for the provision of sewer services. Attachment Draft Contract \at 663. }'L Prepared by (,Reviewed by Finance City M ger Approval P Agenda Item Contract/Sewer Service Sent by: Abernathy Roeder Boyd Joplin 214 544 4040; 05/07/99 12:t3PM;Jetrax #946;Page 2/6 AFTER RECORDING,RETURN TO: Ciry Secretary City of Wylie,Texas 2000 State Highway 78 North Wylie,Texas 75098 INTERLOCAL ACREEMENT FOR INSTALLATION OF SEWER LINES This Agreement(the"Agreement")is entered into as of the day of 1999 by and between THE CITY OF WYLIE,TEXAS, a home rule municipal corporation ("Wylie"), and THE CITY OF ST. PAUL,TEXAS, a general law municipal corporation ("St. Paul"). WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, 1. Land Subject to Agreement. The land that is the subject of this Agreement is located in the Aaron West Survey,Abstract No. 972, the William Spurgeon Survey, Abstract No. 808 and the D. Yeaman Survey,Abstract No. 1042,situated in the City of St. Paul,Collin County,Texas and containing 165 acres, more or less, and more particularly described in Exhibit"A", which Exhibit is attached hereto and incorporated herein for all purposes(collectively called the"Property"). St. Paul represents that the Property is within its city limits. 2. Extension of Sewer Lines Into St. Paul. a. At its sole cost and expense,St. Paul represents that will construct, install and, upon completion of construction and acceptance by Wylie,dedicate to Wylie the sewer improvements described on Exhibit"B",attached hereto and incorporated herein for all purposes,said construction to begin on or before , 1999 and said dedication to Wylie to occur on or before , 1999("the Sewer Improvements"). b. The Sewer improvements will be approved by Wylie before construction begins. Inspections will be performed by Wylie. c. Certificates of occupancy on the Property will not be issued by St. Paul until the Wylie accepts the Sewer Improvements. Wylie agrees to accept the Sewer AGREEMENT FOR INSTALLATION OF SEWER LINES Page I I.jtl:uobu:4\W Y LI E\Agnnt 4 Install Sewer Sent by: Abernathy Roeder Boyd Joplin 214 544 4040; 05/07/99 12:14PM;Jeff= #946;Page 3/6 Improvements within a reasonable time following the completion of construction so long as such improvements have been completed in accordance with plans and specifications approved and accepted by Wylie. d. Upon acceptance by Wylie,the Sewer Improvements will be maintained by Wylie. 3. Jnspection Fees. St.Paul agrees to pay all inspection fees imposed by Wylie for the Sewer Improvements prior to their acceptance by Wylie. 4. Impact Fees, Upon final plat approval of any portion of the Property,St. Paul will pay to Wylie a sum of money equal to the amount of impact fees charged by Wylie that would be due if that portion of the Property receiving final plat approval were in Wylie. 5. Charges for Sewer. All customers accessing sewer services within the Property will pay to St.Paul a monthly fee equal to the sewer fees charged by Wylie for that customer plus fifteen percent 15%. St.Paul will remit to Wylie all collections for sewer charges within days of receipt. 6. Application to Texas National Resource Conservation Commission (TNRCC)to Provide Sewage Service to Property. a. Upon execution of this Agreement,Wylie will file an application with the TNRCC to amend CCN No. to reflect that Wylie will provide sewer service to the Property. St. Paul will support the application and will not object or otherwise attempt to defeat Wylie's application for a Certificate of Convenience and Necessity to the Property. b. Wylie and St.Paul agree not to initiate legal action under 7 U.S.C. Section 1926(b) for any matter related to this Agreement. 7. Default. In the event any party fails to comply with the terms of this Agreement, the other party has the right to enforce the terms of this Agreement by specific performance or by any other remedies available to the other party. The prevailing party to any dispute arising out of the enforcement of this Agreement shall be entitled to recover from the losing party reasonable attomey's fees, expenses and costs. AGREEMENT FOR INSTALLATION OF SEWER LINES Page 2 bj)l nboz4‘WYL1E\Agrnn 4 WWI Sewer Sent by: Abernathy Roeder Boyd Joplin 214 544 4040; 05/07/99 12:14PM;, #946;Page 4/6 8. Miscellaneous. a. Except as herein provided,the parties acknowledge that the owner of the Property owned by each,their successors and assigns,shall be subject to all other ordinances of St. Paul,whether now existing or in the future arising. b. All dedications and other conveyances required by this Agreement (1) will be conveyed to Wylie;and, (2)will be in a form acceptable to Wylie; and, (3)will be free and clear of any and all encumbrances and liens. c. All construction will be in accordance with applicable rules,regulations and ordinances of Wylie. d. This Agreement may not be assigned by any party without the written consent of the other parties. e. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. f. This Agreement shall he construed in accordance with the laws of the State of Texas and shall be performable in Collin County,Texas. g. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. h. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears,that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so,and such authorization is valid and effective on the date hereof. i. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. j. Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may he effected by registered or certified mail,return receipt AGREEMENT FOR INSTALLATION OF SEWER LINES Page 3 bjA:\mbox41WYLIE Aarmt 4!Wall Sewer Sent by: Abernathy Roeder Boyd Joplin 214 544 4040; 05/07/99 12:15PM;J #946;Page 5/6 requested. Notice to Wylie shall be sufficient if made or addressed to City Manager,2000 State Highway 78 North,Wylie,Texas, 75098. Notice to St.Paul shall be sufficient if made or addressed to . Each party may change the address to which notice may be sent to that party by giving notice of such change to the other parties in accordance with the provisions of this Agreement. k. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 1. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid,illegal or unenforceable provision had never been contained herein. in. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. n. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and arc not intended to be used in construing this document. o. Time is of the essence in this Agreement. IN WITNESS WHEREOF,the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. THE CITY OF WYLIE,TEXAS, a home rule municipal corporation By: Date: Its: THE CITY OF ST.PAUL, a general law municipal corporation By: Date: Its: AGREEMENT FOR INSTALLATION OF SEWER LINES Page 4 hj4t:lmbox4\WYLI&1Agrmt 4 Install Scwcr Sent by: Abernathy Roeder Boyd Joplin 214 544 4040; 05/07/99 12:15PM;fedrax #946;Page 6/6 STATE OF TEXAS COUNTY OF COLLIN BEFORE ME,the undersigned authority, on this day personally appeared ,known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for THE CITY WYLIE, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1999. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS COUNTY OF COLLIN BEFORE ME,the undersigned authority, on this day personally appeared ,known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for THE CITY OF ST.PAUL,TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1999. Notary Public in and for the State of Texas My Commission Expires: AGREEMENT FOR INSTALLATION OF SEWER LINES Page S hjlt:'mbox4\WYLIE\Acrmt 4 legal)Sewer