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04-13-1999 (City Council) Agenda Packet WYLIE CITY COUNCIL Agenda Tuesday, April 13, 1999 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation Pledge of Allegiance Presentations & Proclamations Proclamation designating April as Sexual Assault Awareness Month Recognition of the WISD Teachers of the Year Citizens Participation 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 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. Worksession City Wide Wage Plan 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. 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. Item No. A2enda Item Action Taken 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. 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. 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. 6. Consider and act upon approval of an Ordinance granting a franchise to CoSery Gas Company. 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). 8. Consider and act upon the award of a contract for the construction of additional concrete flatwork at the Municipal Service Center. Staff Reports Worksession Presentation of Long Range Plans for the Smith Public Library Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.075,Conference with employees to receive information from city staff. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. In addition to specifically identified Executive Sessions, Council ntay convene into Executive Session at any point du ing 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 A of Ot_ MINUTES Wylie City Council Tuesday, March 23, 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,March 23, 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;Judy Klusman,Assistant Finance Director; Chris Hoisted,Hogan Corporation and Barbara Salinas,City Secretary. Invocation Deacon Warner Washington, St. Anthony Catholic Church gave the invocation. Pledge of Allegiance Councilman Trout was asked to lead the Pledge of Allegiance. Presentations & Proclamations Presentation of the Certification of Achievement for Excellence in Financial Reporting Mayor Mondy made the presentation of the Certificate of Achievement for Excellence in Financial Reporting to the Finance Department. Mr. Brady Snellgrove, Finance Director and Ms. Judy Klusman, Assistant Finance Director accepted. This is the ninth consecutive year the Finance Department has been presented this award. Proclamation for National Library Week-April 11-17,1999 Councilman Young read the proclamation declaring April 11-17, 1999 as National Library Week. Ms. Mignon Morse,Library Director and Ms. Shirley Burnett,Library Advisory Board Member accepted. Proclamation for Student Government Day-March 24,1999 Mayor Pro Tern Worley then read the read the Proclamation declaring Wednesday,March 24, 1999 as Student Government Day in Wylie,Texas and invited the seniors present to sit with their Council counterparts. Special Recognition The Mayor and Council then asked that Ms. Samantha Brammer come forward. The Mayor then read a declaration that Ms. Brammer was the winner of the contest sponsored by the City and Wylie Intermediate School to name the new park. Ms. Brammer submitted the name"Founder's Park"which was selected by both the Parks and Recreation Board and the Wylie City Council. Ms. Brammer was presented with a certificate from the Mayor. Presentation by Presbyterian and Tenet Representatives. Mr. Kirk King , Executive Director of Presbyterian Medical Center of Wylie was present to address Council regarding the closure of the Hospital in Wylie. Mr. King advised Council that there were shared concerns regarding the intentions for the property and facilities with regard to sale. Mr. King advised that the current lease- Wylie City Council Minutes March 23,1999 Page 1 Presentations & Proclamations continued -agreement with the tenants in the Professional Building would be extended. Mr. King stated that he did not know the status of the possibility of Prima Care reopening,however,they are evaluating all alternatives. Mr. Kirk King thanked the community for the hospitality extended to him and his family. Citizens Participation There was no citizen participation. CONSENT AGENDA A. Approval of the Minutes from the Regular Meeting of March 9, 1999. A motion was made by Councilman Scott to approve the Minutes from the Regular Meeting of March 9, 1999. Councilman Worley seconded the motion. A vote was taken and the motion passed,7-0. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Consider acceptance of the Comprehensive Annual Financial Report after presentation by the audit firm of Pattillo,Brown &Hill. Mr.Jim Curry of Pattillo,Brown&Hill was present to address Council. Mr. Curry briefly pointed out some of the highlights of the report,which was prepared by City staff. Mr. Curry commended Council for receiving this award consecutively for the last nine years. Councilman Scott made a motion to accept the Comprehensive Annual Financial Report after presentation by the audit firm of Pattillo,Brown&Hill. Councilman Worley seconded the motion. A vote was taken and the motion passed,7-0. 2. Consider and act upon acceptance of a proposal for the installation of a SCADA telemetry system for wastewater lift stations. In the absence of Mr.Jack Jones,Mr.Mike Collins addressed this item. Mr. Collins stated that the City Council has approved funding for fiscal '99 to expand and upgrade the SCADA (Supervisory Control and Data Acquisition) telemetry system for Public Works Utility Operations. He stated that the existing SCADA equipment which monitors the City's water storage and distribution system will be augmented by the addition of telemetry systems to monitor the status of five wastewater lift stations. Mr. Collins explained that the expanded system will include an additional SCADA computer system and radio receiver,located at the Service Center,which will interface with new radio telemetry systems installed at the lift stations and that this system will provide 24 hour monitoring and alarm capabilities to detect any failure in the lift station operating systems. Mr.Collins stated that the proposed telemetry system would provide continuous 24 hour monitoring and pager notification to the Public Works staff of any malfunction in lift station equipment and that designated call-out personnel will be paged after hours and on weekends. Mr.Collins stated that competitive sealed proposals have been solicited for the purchase and installation of the new system and that Mid-Tex Controls, Inc was the low bidder at$55,000. Mr. Collins explained that the existing SCADA system for water utilities was installed by Mid-Tex Controls in October of 1996 and Mid-Tex has provided technical support for the system since it's installation. Wylie City Council Minutes March 23,1999 Page 2 Items for Individual consideration- No.``1 -continued He stated that the proposed new system includes a 400 MHz Pentium II computer that will replace the existing SCADA computer to ensure Y2K compliance and that all components of the proposed new telemetry system have been documented as Y2K compliant. Mr. Collins was then available for questions from Council. Mr. Chris Holsted explained that this will bring the sewer system up to the same level as the water system and addressed concerns raised by Council regarding the effects of failing pumps,which he explained could result in sewage overflow at the lift stations and fines up to $10,000. Councilman Worley made a motion to accept the proposal for the installation of a SCADA telemetry system for wastewater lift stations. Councilman Ramsey seconded the motion. A vote was taken and the motion passed, 7-0. 3. Consider and Act Upon Approval of an Interlocal Cooperation Agreement with the City of Plano for Assistance in Building Plans Examination and Building Inspection. Mr. Tobin Maples addressed this item. Mr. Maples advised Council that this agreement was approved by the City of Plano City Council on March 22, 1999. Mr. Maples stated that in order to accommodate the reorganization and ensure the integrity of the plan review and building inspection process during emergency situations (low staffing levels),the City of Wylie has contracted with the City of Plano's Building Inspections Department for assistance in building plans examination and building inspection. Mr. Maples further explained that although this agreement does not intend to replace plan review by the City of Wylie,staff does anticipate implementing the agreement for all commercial and industrial plan review over the next three (3) to six (6) months. He stated that the objective of contracting with the City of Plano for commercial and industrial plan review is to free up staff time to revisit our internal procedures,cross train departmental inspectors, and develop and implement a comprehensive code enforcement program. Specifically,single family residential,swimming pools, and other minor plan review assignments will be conducted by Wylie staff as usual and utilized as an opportunity to cross train inspectors within the Community Development Department. Mr.Maples explained that although plan review will be conducted by Plano,the integrity and timeliness of the plan review process will not be affected due to their level of expertise,the fact that they utilize the same codes, and are associated with the International Conference of Building Officials. Specifically, the City of Wylie's current plan review cycle encompasses ten to fifteen(10-15)business days and entails review by the Community Development and Fire Departments. Mr. Maples stated that based on projected case loads and discussions with City of Plano officials,staff is confident the integrity of the current ten to fifteen(10-15)business day cycle will be maintained. Mr. Maples was then available for questions from Council. Councilman Worley made a motion to Approve the Interlocal Cooperation Agreement with the City of Plano for Assistance in Building Plans Examination and Building Inspection. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0. 4. Consider and act upon final acceptance of the construction of water and wastewater mains as part of the 1995 Texas Community Development Program (TCDP) grant project,and provide authorization for final payment to XIT Paving&Construction,Inc.in the amount of$5,602.93 and accept the project as complete. Wylie City Council Minutes March 23,1999 Page 3 Mr. Jim Jenks, Hogan Corporation addressed this item. Mr. Jenks advised Council that all work had been completed and reviewed and recommends acceptance and issuance of final payment. Mr. Jenks was then available for question from Council. There was some discussion with Mr. Snellgrove,Finance Director,and Mr. Jenks regarding the total projected cost and actual cost, to which they concluded that situations created and resolutions to address the problems resulted in a break even cost for the project. Councilman Scott made a motion to approve final acceptance of the construction of water and wastewater mains as part of the 1995 Texas Community Development Program(TCDP)grant project, and provide authorization for final payment to XIT Paving & Construction, Inc. in the amount of$5,602.93 and accept the project as complete. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. Staff Reports City Manager, Mike Collins reported that he had received a phone call from Mr. Jim Parks, North Texas Municipal Water District regarding a letter from the TNRCC and notice of violation on March 11, 1999. A heavy rainfall caused the plant to exceed its capacity. Mr. Collins stated that this would improve with the Sewer projects pending. He advised that a copy of the letter will be forwarded to Council and noted that this was just a notice and that no fine was imposed. Mr.Collins provided Council with an overhead map of West Kirby Street and Jackson and showing the curb and guttering that will be replaced on both sides. He stated that the map indicates improvements to only the south side of Citizens,as the properties to the north are vacant. Mr. Collins acknowledged the phone calls that Council has received from individuals within the area. Mr. Collins stated that there are several improvements to the areas that staff recognizes as creating drainage problems that will be eliminated by the construction of improvements. He described the project as approximately 480 linear feet of curb and guttering for approximately thirteen to fifteen thousand dollars and stated that there are proceeds from the 1995 bond miscellaneous streets projects that are eligible to be used toward this project and with councils approval they will proceed with work. Council expressed concerns regarding Jackson and College streets improvements. Mr. Collins stated that staff would look into both areas. Mr. Brady Snellgrove reported that the status of effect of the changes to the utility billing cycle citing approximately 94 over the age of 60 customers that have signed up to extend their billing cycle and one third of our customers have applied for the privacy billing. He reported that he could not report on the overall effect of the shortened billing cycle. Mr. Snellgrove also reported that he and his staff are currently examining our policies with regard to the recent incident in Fort Worth involving the lost lives of volunteer fire fighters. He stated that currently we have a minimal policy for volunteers and full time firefighters are covered through TMRS. The Mayor asked that staff reassure our volunteers that we trying to provide the best coverage we can. Councilman Young asked about the status of our Animal Control situation. Mr. Collins stated that the cities staff has surveyed have shown an increase in services and cannot offer room to assist. He stated that we are currently looking at alternatives such as veterinarians,kennels,and temporary structures as the feasibility of putting money into a temporary solution or develop a new facility. Councilman Young asked for a summary of activity from the animal shelter. The Mayor then called for a recess at 8:20 p.m. before adjourning into Worksession. Wylie City Council Minutes March 23,1999 Page 4 Worksession Presentation of Community Survey conducted by the Smith Public Library. Ms. Mignon Morse, Library Director introduced Mr. Matt Ivers, Library Volunteer, who made a visual presentation of the Community Survey conducted by the Smith Public Library. The survey was conducted during the months of September through December of 1998 with distribution of more than 5,000 forms and completion and return of 1,233. Ms. Morse provided Council with statistics on specific aspects of the library users as well as specific usage of library resources. Those surveyed were also asked what additional service they would like to see offered and what current services would they like to see expanded. Executive Session The Mayor adjourned into Executive Session in accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.074,Personnel Matters,Annual Review of the City Manager and Section 551.075, Conference with Employees to receive information and question employees regarding Real Estate Purchases. Reconvene into Open Meeting No action was taken as a result of Executive Session. 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 March 23,1999 Page 5 MINUTES Wylie City Council Worksession Tuesday, March 30, 1999 - 6:00 p.m. Wylie Municipal Complex-Council Conference Room 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order,Tuesday,March 30, 1999 at 6:00 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; Stanton Forester,Traffic Engineer and Barbara Salinas,City Secretary. Worksession Capital Project Update Reconstruction of South Ballard& Traffic Control Plan. Mr. Stanton Forester addressed Council and provided a diagram of the area for reconstruction of South Ballard. Mr. Forester presented an option to close Ballard from South of Butler and North of Stone for approximately three months in order to have the project completed prior to the start of school,as opposed to allowing traffic flow on Ballard and extending the completion time into the start of the 1999-2000 school year. Access would be available to residents only,prohibiting thru traffic. Mr. Forester presented a traffic control solution by creating a couplet to assist traffic flow during the reconstruction. This would consist of routing North and South bound traffic on Birmingham and East and West bound traffic on 544/Kirby would be two lanes, one way flowing to the FM544/SH78 intersection. State Highway 78 would remain as is. There was some concern regarding the shift of traffic to the residential streets such as First and Second Streets that closing Ballard might cause. Council expressed concerns of narrow streets,added traffic and speeding. Also discussed was the timely completion of the project and ensuring proper notification to all business and residents that will be effected. Council agreed that it would be advantageous to the Community to expedite the project by closing Ballard for a three month period and re-routing traffic as suggested in order to complete prior to the start of the 1999-2000 school year. With no further discussion,the Worksession was adjourned at 6:45 p.m. John Mondy,Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes March 23,1999 Page 1 WYLIE CITY COUNCIL CONSENT AGENDA April 13, 1999 Item No. Issue Consider and act upon adopting a resolution designating the Wylie News as the official publication of the City for a single year. Background There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. First, the publication must be a "newspaper" as defined by Section 2051.044, Texas Government Code. The section defines the term"newspaper" as: any newspaper devoting not less than 25%of its total column lineage to the carrying of items of general interest published not less frequently than once each week,entered as second class postal matter in the county where published and having been published regularly and continuously not less than twelve(12)months prior to the making of any publication... The second issue to consider is whether a particular publication is a newspaper of general circulation. The following area newspapers have been surveyed as to their circulation, times of publication, and advertizing costs for public notifications. Newspaper Publication Advertising Approx. No. Dates Costs Subscribers Wylie News Every Wednesday $ .83 cents per line 4,000 Plano Star Courier Wed - Sunday $ 10.50 per col. inch 9,200* McKinney Courier Sun-Friday $ .18 cents per word 8,500* McKinney Messenger & Every Thursday $ 7.65 per col. inch 7,650* Allen American Garland News Thurs - Sun $ 13.99 per col. inch 10,000* Dallas Morning News Daily $ 8.25 per line per day N/A $ 9.19 per line Sunday * The Number of Wylie Subscribers who receive this publication was not available Consent Agenda Designating Official City Newspaper Page 1 Background-continued The Wylie News meets the criteria for an official publication as provided by the statute. The Wylie News was the official publication for the City in 1998. Financial Consideration Approximately$7, 105 was spent on advertizing cost for public hearing notices and legal notices during 1998. Other Consideration The City of Wylie Home Rule Charter states in Article 11, Section 2 "The City Council shall declare an official newspaper of general circulation in the city. All ordinances, captions of ordinances, notices and other matters required to be published by this charter,by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper." Board/Commission Recommendation N/A Staff Recommendation Staff recommends naming the Wylie News as the official newspaper. Attachments Resolution Cee,04444* are Y evi d by Finance City Manager Approval Consent Agenda Designating Official City Newspaper Page 2 RESOLUTION NO. 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 WHEREAS, Section 52.004, Local Government Code, requires the City Council of the City of Wylie, Texas ("City Council") to determine, by ordinance or resolution, a public newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and WHEREAS,the City Council finds that the Wylie News is a public newspaper of general circulation NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City Council of the City of Wylie, Texas hereby determines and establishes the Wylie News as the official newspaper for Wylie until the time that another selection is made by the City Council. SECTION 2: That this resolution shall take effective immediately upon its passage. DULY RESOLVED by the City Council of the City of Wylie, Texas, and this the 13th day of April, 1999. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL r/VI PUBLIC HEARING April 13, 199 Item No. • Issue: 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. ZC. No. 99-01 Background: 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. 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. Other Considerations: • The Comprehensive Plan recommends industrial uses for the property. The proposed zoning and land use are consistent with Comprehensive Plan and compatible with the business development in the area. Specifically, uses permitted within the B-2 (Business) zoning district are less intensive than those permitted within the I (Industrial) district. • 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(1) 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. Financial Considerations: Zoning application fee - $250.00 Item for Individual Consideration Zoning Case No. 99-01 Page 1 Commission Recommendation: At the March 16, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to recommend approval of this case. Staff Recommendation: Approval. The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Public Comment Form Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Ordinance kiee4' TUAL e--044;44 Prepared by CL) Rev' ed by Financ City Manager Approval Item for Individual Consideration Zoning Case No. 99-01 Page 2 ORDINANCE NO. 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 B-2, BUSINESS DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of B-2, Business District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary 03/18/99 18:18 FAX 214+748+5984 CROSSROADS MGMT Z 01 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 i i:,;J..+ay 7:. N,,,. , Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#99-01. 1 am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#99-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 16, 1949,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 13, 1999,7:00 pm • Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Ctes5 Re4.09 AN Ntkts‘s V, LTO (pleas rinr) nn ,�,., ,+ Address: kk ft`"k JC lfo;.- Fyri 1-0-i, R-3.2-7 9' -Del-- Wylie Tax Account Number Q (if shown on enclosed map): �'i� �� Signature: tigiffif V — Date: d - COMMENTS: 03/10/1999 14:07 9049383881 BURNHAM OW PAGE 01 - 03106/199.5 11:15 9724421571 THE RI CHAR CSONS PAGE 05 PUBLIC COMMENT FORM (Pleat q'pt or we hind ink) Department of Planning Wylie,Texas 75098 VI am FOR the requested zoning as explained on the attached public notioe for Zoning Case 899-01. t am AGAINST the requested zoning as explained on the attached public notice for Zoning Cue M99-01. - Date,Location&Time of • Planning&Zoning Commission meeting: Tuesday.Match 16, 1999,7.00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 13, 1999,7:00 pm • Municipal Complex,2000 Highway 78 North.Wylie,Texas Name: IryMie. R. Ja.eo6s, 3-r. ---Ti-usb1- (pleasr print) Address: 't463 N11,0 14 G Jennings, FL 320S? Wylie Tax Account Number (if shown o n endow)mmtap). R-195 --oo A-(}oo r o -�II Qj_R-48 3S�--000+---0 2 Lo -� I; Signature: �- ""'�� 1�` ,'a+u�""" 3AA C�r Date: _ 110199 COMMENTS! R -1gs' --oo8 - 0o3o—/ R -6835 —00-0030—I i ! ' ! '-----1 � SUBJECT | PROPERTY ER " " . | | � | i_____-'--- '__--------------- / r m \ c, \ . � � � m ' --- ---_ ~ '---- ----_l -T-----____ F. . \ i ' � . ( . K� .. ! * Road PROJECT LOCATION MAP ZONIN��m�� NN� N�� N� �� G�Q��NN��m �~ �0� ��~~� � N 1 -c 1 c L B.... 2 i 1 FM 544 • • i I A 172/ \ ` .z. B ... 2 0 1". ear , — ECTPR Y R11 r c A i i o i i i 1 1 1 D I 0 U? ,-Y I 1 co I U I '0 " Steel load I I ' 1 1 ZONING AREA MAP ZONING CASE #99-01 cn • FM 544 I I S. Goldenberg m_ I k I - I � I � I oN0 M. Jacobs R-1955-00B- • - a$ ir8 : c m o K \ 0010-1 I2 ; I — . . J © I R-1955-00A- : : �. in =200' 0010-1 Crossroads Mgmt R-3274-001- I \ R-198511_ - -\ - )\ 001E-1 A.WillsM. Jacobs N R-6835-000-0240-1 R-6835-000-0260-1 $ I D. O'Connor I .X_ 2_ R-1948-OOA-0030-1 ( A. Anderson — ! I R-6835-000-0270-1 2 CP i — . . _ . . _ . . _ . . _ . . i .o I U de U� i I I L U 0 i \ �- - - - - Steel . oad OWNER NOTIFICATION MAP PROPERTYI �-- ZONING CASE #99-01 NOTIFICATION REPORT APPLICANT: Ronald Lee Williford APPLICATION FILE # 99-01 P.O. Box 1243 Plano, Texas 75086-1243 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME _ ADDRESS Jacobs Addn 415 Rockyglen Circle 1 BIk A Lot 1 R-1955-00A-0010-1 Mary Jacobs Plano, Texas 75094-3415 _ Jacobs Addn 6529 Santa Fe Trail 2 BIk B Lot 1 R-1955-00B-0010-1 Scott Goldenberg Plano, Texas 75023-3025 Jacobs Addn 415 Rockyglen Circle 3 BIk B Lot 3 R-1955-00B-003-1 Mary Jacobs Plano, Texas 75094-3415 Central Self Stg. Addn. P.O. Box 214966 4 Lot 1 A R-3274-001-0010-1 Raymond Francis Dallas, Texas 75221-4966 Central Self Stg. Addn. 206 Henry 5 Lot 1 B R-3274-001-001 B-1 Crossroads Management IV Ltd. Dallas, Texas 75226-1818 2114 Lakemere 6 Abst. 835 Tract 24 R-6835-000-0240-1 Arthur Willis Garland, Texas 75041-1 41 7 415 Rockyglen Circle 7 Abst. 835 Tract 26 R-6835-000-0260-1 Mary Jacobs Plano, Texas 75094-3415 920 Mossvine Drive 8 Abst. 835 Tract 27 R-6835-000-0270-1 Alex Anderson Plano, Texas 75023-4923 415 Rockyglen Circle 9 Abst. 835 Tract 30 R-6835-000-0300-1 Mary Jacobs Plano, Texas 75094-3415 2806 FM 544 10 Abst. 835 Tract 21 R-6835-000-0210-1 Ferrell Construction Wylie, Texas 75098-7022 Steel Industrial 4411 Malden 11 Blk A Lot 3 R-1948-00A-0030-1 Daniel O'Connor Richardson, Texas 75080-4539 _ Jacobs Addn Owner of Subject Property 415 Rockyglen Circle 12 Blk B Lot 1 R-1955-00B-0020-1 Mary Jacobs Plano, Texas 75094-3415 Jacobs Addn Applicant P.O. Box 1243 13 Blk B Lot 1 R-1955-00B-0020-1 Ronald Lee Williford Plano, Texas 75086-1243 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 99-01 Applicant: Ronald Lee Williford Location: Generally located at the southeast corner of FM 544 and Regency Drive between Steel Road and FM 544 Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: A(Agricultural) Requested Zoning: B-2(Business)for a Proposed commercial landscape company. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,March 16,1999,7:00 PM City Council: Tuesday,April 13, 1999,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing,state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North,Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. "EXHIBIT A" All of Lot 2, Block B of the Jacobs Addition, City of Wylie, Collin County, Texas. Page 1 of 2 (5/S CITY OF WYLIE P.O. BOX 428 REGO JAN 19 1999 WYLIE, TEXAS 75098 ' I APPLICATION FOR ZONING CHANGE Case No. j qG- Q Filing Fee Q" • DateJanuar Y 19 , 1.999 Applicant Ronald Lee Williford Phone No.(_972 ) 423-8055 Mailing Address: Work No.(972 ) 423-8228 P.O. Box 1243 Plano, Tx 75086-1243 • LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 1 acre of vacant commercial land , 1 acre of commercial land wit1 also known as FM 544, Lot 2 , Block B. three metal storage buildings , Jacobs Addition. also known as FM 544 , Tract 2E (Industrial ) Wm. Sachse Survey, A-885 . I hereby request that the above described property be cha a ridfr ulture isindustrial/agricul[-?istr�a Classification to B2 �� om its pr�sent zoning which for the following reasons: District Classification (attach separate sheet if necessary) The request to change the zoning to B2 is to have a commercial landscape company on the property. The current zoning prohibits this kind of business . There (are) (are not) deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser Rona d L. Williford I have attached hereto as Exhibit "A' a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed f� .te I.. WYLIE CITY COUNCIL PUBLIC HEARING April 13, 1999 Item No. ig> Issue: 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 G.B.A. Enterprises by substitute trustee's deed recorded in Volume 2612, Page 605, Deed of Trust Records of Collin County, Texas. Background: 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). 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. 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 City 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. Item for Individual Consideration Zoning Case No. 98-14 Page 1 Financial Considerations: Zoning Application Fee in the Amount of$225.00 - Paid Commission Recommendation: At the March 16, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to recommend denial of this case. Staff Recommendation: Denial. The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Staff Letters Zoning Change Application 4 I // Prepared by (t_ ) Re led by Financ: City Manager Approval Item for Individual Consideration Zoning Case No. 98-14 Page 2 City of Wylie October 28, 1998 George Spencer Zlan, Ltd. 1615 W. Brown Street Wylie, Texas 75098 RE: Application for Specific Use Permit - ZC.No. 98-14 • Dear Mr. Spencer: Your application requesting permanent zoning (ZC No. 98-14 - Specific Use Permit for a commercial outdoor amusement) with the City of Wylie is currently being reviewed at the staff level. If it is your desire to proceed with the request, please forward fifteen(15) folded site plans and applicable development standards to this office at your earliest convenience. Once we have received said site plans we will advertise your case accordingly for public hearing before the Planning and Zoning Commission and City Council. If it is your desire to withdraw your request at-this time, please send me a letter to that effect and I will reimburse your $225.00 application fee. Please call me at 972-442-8150 with any question or concerns. Sincerely, Tobin E. Maples Planning Director cc: Mike Collins, City Manager Mindy Manson, Assistant to the City Manager 2000 Highway 78 North •Wylie.Texas 75098•(9721 442-8100• Fax(972)442-4302 - Our Mission.. ; .1_. ...to be responsible stewards of the public trust, -7 to strive for excellence in public service,and _ to enhance the quality of life for all. _ rly O Ir rII� January 4, 1999 George Spencer Zlan, Ltd. 1615 W. Brown Street Wylie, Texas 75098 RE: ZC. No. 98-14 - Application for Specific Use Permit fora commercial outdoor amusement Dear Mr. Spencer: Please note that a recent review of our files indicated that the above referenced case has been pending since September 2, 1998. If it is your desire to proceed with the request, please forward fifteen(15) folded site plans and applicable development standards to the City of Wylie Planning Department at your earliest convenience. Once we have received and reviewed said site plans we will advertise your case accordingly for public hearing before the Planning and Zoning Commission and City Council. If it is your desire to withdraw your request at this time, please send me a letter to that effect and I will reimburse your $225.00 application fee. Please be advised that failure to respond to this letter by February 5, 1999, will result in your case being forwarded to the Planning and Zoning Commission and City Council with a staff recommendation for denial. Should the City Council deny your request for a Specific Use Permit, all activity associated with the request shall be discontinued immediately. Please call me at 972-442-8150 with any question or concerns. Sincerely, Tobin E. Maples Planning Director cc: Mike Collins, City Manager Mindy Manson, Assistant to the City Manager 2000 Highway 78 North •Wylie,Texas 75098•(972)442-8100• Fax(972) 442-4302 .....,„._ _ _000 I I " ii ro / \ u v I ,-; 111 24 .. ,/ I -.( Ien I■ SUBJECT P OPERTY i 122/2I u. ► t;..,....,..ice r tii .rn�''�n�El ii foal !!i!! Li WO BROWN a 1pr 0 r ►•�111� �1�.,� �' 1P.I1 1El riiIk II 1r A r I 'I r�111■ un �� 11►�� .z .. ' � ttt ■rg■Irnrrr�� nt1��!:i! �.::.Ilgr�:`�Il.i t :C RIr1�ItttOruu.,r_�� ■ = � ��,r1111I1rr 11111luuuuiuuubi:i tuu ,� ��I1111111 1,111111 I,m uiiu gt, icm 0I;II,4,illl u !A Fes'`'_-- ffii= lli. .fi.olmiin.h..t"itu"l1s" 1.11irm�. ! 1 :�■ n 4 Warn' Illri • !i!!!!!!!!1;�� 4iiiihil , l PI . .•__ PROJECT LOCATION MAP ZONING CASE #98- 14 is i i ; i i 1 i ! ! i / 7 , S F 1 j._,__ -m,,oHl i / 1 i % I ,., C.,nLYIJ,I.... 1-,,j.i.. 1 F, f T..i cro•-,,, )i i I 1 1 .. 1 1 j 1 ' ! , 1 1 ! YLakg3 ;�=FLane 1 ! MGM- ___ ___,-_ �M _- �I IIMpril ral alemosiri iim , � ?llillriAper.i ce,%1'� _.._..---.._._.._..----= . F It Iai"M Mu EMI i /-1 i j i A2 I ,J i . j 1 !, ______ i i i 110fftgVilgM4,%1, 1ilq;.11 2 1 j, ,j :iiiii::: ,,,,z,VeorgoSpericer,,,, yk ! ! ! West Brow Street i ! , j i i ! i i / 1 ! ! ! i� i ! ! i I8 - 7 6 I. 1 .1! r.1 Ai 1 A ;; :./' I A .,/ ri i ,./ ..., \ r _ /:i----)111 r-aeQ /)! rr/ i Ncs. ZONING AREA MAP ZONING CASE #98- 14 1 M I v N. _.._.._.._.._.._.._.._.._.._.._.._.._.._.._ I 1'=300' I I I City of Wylie 1— Novid Properties, Inc. R-6351-000-0050-1 $ R-6022-000-0060-1 1 1 Hampton Living Trust 1 t R-6351-000-0020-1 y „; : ,i ,i •.. .; �iii �a4 Ms� , Birmingham Land Ltd. ii _.._.._.._.._.._.._.._.._.._.._.._. v Subject ✓. ` t R-6022-000-0010-1 K.I BeV1S I i sill1 `t 4Y i ii ,1,�r,I1 11,R apl': rim t fe hill�� R-6351 4000-007Q-1 milltiT2iltGeorge Speno pow� ' T I4i }F' 4, i $ Y C 4115° ( .._. 1 1 }i u ii }:i ' ter t i�}sa, ixs e. 3i. . c �� i sq it�z�� 1 � �� 'its r � i g_ - 3$e� i t �r i t D. Mulcahy I £ is '+i carttrfz3li; �� t r '�� rosy �a t � r R-6351-000-0069-1 F ze, � ▪, ,.. � ,,,Ii z `•'.: << TxDOT West Brow Frances Wells Frances Wells R-6196-000-0010-1 R-6563-000-0020-1 / / / PROPERTY OWNER NOTIFICATION MAP ZONING CASE #98- 14 NOTIFICATION REPORT APPLICANT: George Spencer- Zlan Limited APPLICATION FILE # 98-14 1615 W. Brown Street # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS 100 Taylor Street #101 1 Abst. 22 Tract 1 R-6022-000-0010-1 Birmingham Land Ltd. San Antonio, T Box 478205-1328 2 Abst. 22 Tract 6 R-6022-000-0060-1 Novid Properties Josephine, , Texas 75164 Road 3 Abst. 563 Tract 2 R-6563-000-0020-1 Frances Bates Wells Plano, Texas 3 Road 4 Abst. 196 Tract 1 , R-6196-000-0010-1 Frances Bates Wells Plano, Texas FM s 75023 40578 5 Abst. 351 Tract 6-9 R-6351-000-0069-1 Deborah Mulcahy Wylie, Texas 75098 455 FM 1378 6 Abst. 351 Tract 7-9 R-6351-000-0079-1 Kenneth Bevis Wylie, Texas 75098 511 Dogwood Drive 7 Abst. 351 Tract 2 R-6351-000-0020-1 Hampton Living Trust Wylie, Hex as 75092000 8 8 Abst. 351 Tract 5 R-6351-000-0050-1 City of Wylie Wylie, Texas 75098 Texas Department of Transportation P.O. Box 90 9 FM 3412 (Brown St) Bill Lovil McKinney, Texas 75069 Texas Department of Transportation P.O. Box 90 10 FM 1378 (Country Club) Bill Lovil McKinney, Texas 75069 Applicant 1615 W. Brown Street 11 Abst. 22 Tract 9 R-6022-000-0090-1 George Spencer- Zlan Ltd. Wylie, Texas 75098 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE (Specific Use Permit) Zoning Case Number: 98-14 Applicant: Zlan,LTD Location: Generally located at the northeast corner of Brown Street and FM 1378 Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: B-2(Business) Requested Zoning: SUP(Specific Use Permit)for a commercial outdoor amusement(golf driving range). This public hearing is held to consider the application as a temporary amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,March 16, 1999,7:00 PM City Council: Tuesday,April 13, 1999,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts, amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name,address of the property you own and the tax account number(if applicable)on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North,Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. I ). • Being a tract of land situated in the Charles Atterbury Survey, Abstract No. 22, Collin County, Texas, and being a portion 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, and being more particularly described as follows: • • . • Beginning at a 5/8 Inch iron rod found in the.•n,brth right-bf-way line of Brown Street (F.M. 3412)for the southeast corner of aforementioned 23.4971 acre tract and being the southwest corner of a 658.48 acre tract of land conveyed to Mortgage • • Investment Company of El Paso by deed recorded in Volume 2401, Page 360, Deed Records, Collin County, Texas; Thence, N 88°09'00" lY, along the north right-of-may line of Brown Street, a distance of 760.15 fee: to a 1/2 inch iron rod set fora visibility corner; Thence, N 44°16'51" 1Y, a distance of 72.10 feet to a 5/8 inch iron rod found on the east right-of-way line.of County Club Road (F.M. 1378); Thence, N 00°16'00" 13, along said east right-of-way line, a distance of 422.60 feet to a 1/2 inch iron rod set for corner; Thence, N 90°00'00" E, a distance of 809.84 feet to a 1/2 inch iron rod set for corner in the west line of said 658.48 acre tract and the east line of said 23.4971 acre tract; Thence, S 00°15'18" E, along said common line, a distance of 498.76 feet to the Point of Beginning•and containing 9.000'acres.of land.'- .. ••..- •-- - - Page 1 of 2 9 8 - 1* 4 CITY OF WYLIE P.O. BOX 428 WYLIE, TX 75098 APPLICATION FOR SPECIFIC USE PERMIT Case No. SUP Date Submitted q//y� Filing Fee $ 21 Applicant Z4A,tf 47"d Address /o/5 W ere Phone No. GUJ`, . 7;7 ?504e Work No. (9'72) 442- o35 1 1 Owner > Tenant Prospective Purchaser Legal description of property for which Specific Use Permit is requested (if additional space is needed,the description may be typed legibly on a separate sheet and attached hereto)2 • I hereby request that a Specific,Use Permit be issued for the above described property for: The current zoning on this property is B-2 These are/are not deed restrictions pertaining to the intended use of this property. I have attached hereto as Exhibit A a plat showing the property which is the subject of this requested Specific Use Permit and h ve read the following note concerning the importance of my submitting to the C. suffi ' legal description. WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONrtif April 13, 1999 Item No. Issue 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. Background 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. The City has an opportunity to submit a new grant application for a 1999 Texas Community Development Program (TCDP) Grant. The funding originates with the Federal Government, with the Texas Department of Housing and Community Affairs(TDHCA) administering the program at the state level. Southwest Consultants, represented by Lee Lawrence, has been retained to develop the technical background information, complete the grant application and assist the City throughout the review process. The fees paid to Southwest Consultants come from the grant proceeds. 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. 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. Item for Individual Consideration TCDP Application Page 1 Background-continued 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. According to the 1997 TCDP regulations,the City is required to publish a Notice of Public Hearing with regard to submission of the grant application. A notice was published and the Public Hearing was held on March 27, 1999. The City is then required to publish a Public Notice advising of the City's intent to submit application for the grant. The 1999 grant application will be formally submitted to the Texas Department of Housing and Community Affairs on April 20, 1999. The regional Review Committee will hold its meeting to score the applications in late on July 29, 1999. The City will be given the opportunity to make a formal presentation to the Committee at that time. The Regional Review Committee will submit its recommendations to the State. The TDHCA staff will score the applications immediately after the Regional Review Committee Submits its scoring, and award the grant on August 31, 1999. Board Recommendations N/A Financial Considerations Wylie is requesting a $250,000 grant. The City would pledge to match this grant award by allocating $287,485. to the overall project. The City has two years from the time the grant is awarded in FY99, then the City would need to fulfill its obligation by FY01. These projects are included in the 1999 Bond Program. If the bond does not pass, the source of funding for the match would be budgeted from Utility Fund Reserves. Other Considerations The Local Government Code, Chapter 373, allows municipalities to engage in community development activities. Specifically, Section 373.005 allows cities to compete for funds under the specific government program the National Housing Community Development Program Act of 1974. Staff Recommendations N/A Attachments Resolution Proposed Project List Project Location Map C AmA Prepar;d by Revie d y Finance City Manager Approval Item for Individual Consideration TCDP Application Page 2 CITY OF WYLIE, TEXAS RESOLUTION NO. 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 IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS,the City Council of the City of Wylie desires to develop a viable community, including decent housing,a suitable living environment, and expanding economic opportunities,principally for persons of low to moderate income;and WHEREAS, certain conditions exist in the City which represent a threat to the public health, safety, or welfare; and WHEREAS,it is necessary and in the best interests of the City of Wylie to apply for funding under the 1999 Texas Community Development Program. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: 1. That a Texas Community Development Program application for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Texas Department of Housing and Community Affairs. 2. The City's application be placed in competition for funding under the Community Development Fund. 3. The application be for$250,000 of grant funds to carry out water and sewer system improvements. 4. That the City Council directs and designates the City Manager as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program. 5. That it further be stated that the City of Wylie is committing$287,485 from its Utility Fund as a cash contribution toward the construction activities of this water and sewer system improvements project. RESOLVED this day the 13th day of April, 1999. Approved: Attest: Mayor John Mondy Barbara A. Salinas, City Secretary PROPOSED 1999 TCDP GRANT PROJECTS Project Approximate Projected Description Length (feet) Cost 8-inch sewer main in alley between 1,300 ft. $ 97,500 Ballard Ave. and Jackson Ave. (from College to Stone). 8-inch sewer main in alley between 1,300 ft. $ 97,500 Second Street and Third Street (from Butler to Park). 8-inch sewer main in alley between 1,300 ft. $ 97,500 Third Street and Fourth Street (from Butler to Park) 8-inch sewer main in alley between 1,300 ft. $ 97,500 Fourth Street and Hilltop Lane (from Butler to Park) 8-inch sewer main in alley between 350 ft. $ 30,000 Masters Ave. and Oak Street (from Fourth to Fifth) 8-inch sewer main in alley between 1,900 ft. $117,485 First Street and Second Street (from Butler to Stone) Total Projected Project Cost $537,485 03/29/99 14:45 FAX 972 380 4633 THE HOGAN CORPORATION -0 WYLIE-PRICE Z1003/003 , .„„..., ,,.. /./in/ ./..trOMO.No. I, ' : I' ' ! 01, :. I y I ...: ,' y/ ." / , 0 , , :1 . "• . 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WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONr/V1°1: Apri113, 1999 Item No. 4 Issue 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. Background The Wylie Police Department has traditionally provided supplemental police patrols to Lake Lavon during the spring, summer and early fall months since 1986. The number of working hours, proposed by the U.S. Army Corps of Engineers, will decrease from the previous 1,043 hours in 1998 to 1,037 in 1999. The U.S. Army Corps of Engineers pays for the supplemental police patrols through the requested agreement. The police department budget reflects the costs of providing the supplemental patrols that are reimbursed by the Federal Government. These supplemental patrols, more commonly referred to by those involved as "Lake Patrols", have nothing at all to do with the preparation for Search and Rescue missions. The supplemental patrol program enables the department to provide services at no additional cost to the community to locations currently within the Wylie city limits. Among the services provided are the continuation of highly visible, proactive patrols that serve as an effective deterrent for all types of criminal acts. Carrying out the lake patrol responsibilities enables officers the opportunity to come into contact with a cross section of individuals, most are law abiding, while some are not. To those who do not abide by the law, the types of citations issued by the patrol officers include a multitude of violations from simple traffic offenses to alcohol related ordinance violations. Arrests are made for offenses that include public intoxication, D.W.I., and the service of arrest warrants from area agencies. The community benefits from the opportunity the lake patrol officer has to remove a drunk driver from the lake area roads before the individual operates their vehicle on heavily traveled highways and thoroughfares within the City. Financial Considerations The U.S. Army Corps of Engineers (Corps) provides a subsidy to the City for supplemental police patrols during the summer months. The subsidy proposed this year provides for 1,037 man-hours of patrols at a cost of$32,552.26. The man-hours are billed each month to the Corps at $31.39 per hour. Please see attachments for an itemized cost breakdown for the proposed subsidy for FY 1999. The FY 1999 Budget includes an estimated subsidy of$33,000 from the Corps. Item for Individual Consideration Agreement-Lake Patrol 1999 Page 1 Other Considerations Upon signing the Cooperative Agreement, both parties agree to the terms and conditions as set forth in V.T.C.S., Chapter 791, Texas Government Code, therefore, binding the City of Wylie and the U.S. Army Corps of Engineers. Officers are required to wear an approved Wylie Police uniform while on duty for the City of Wylie or working"lake patrol", unless on special assignment or with approval of the Chief of Police. Any action taken by these officers is action taken under the"Color of Authority" and therefore, the City will remain liable for the official actions of its officers. Board and Commission Recommendations N/A Staff Recommendations Staff recommends approval of a resolution entering into a Cooperative Agreement with the U.S. Army Corps of Engineers to provide supplemental police patrol. Attachments Resolution FY99 Itemized Cost Breakdown Letter to Mr. Ed Hill, Lake Manager Wrok etit4t4. ep r by Revie I by inance City Manager Approval Item for Individual Consideration Agreement-Lake Patrol 1999 Page 2 1999 LAKE PATROL CALCULATIONS PATROL OFFICERS 1,037 hours x 22.13 (hourly rate) $ 22,948.81 SUPERVISOR 15 hours x 25.68 (hourly rate) $ 385.20 CLERICAL SUPPORT 20 hours x 11.81 (hourly rate) $ 236.20 FICA AND MEDICARE 0.0765 x 23,570.21 = $ 1,803.12 LIABILITY INSURANCE (POLICE OFFICER) 0.25 x 1,052 = $ 263.00 T.M.R.S. (Retirement System) 0.082 x 23,570.21 = $ 1,932.76 WORKER'S COMPENSATION 0.0505 x 23,334.01 = 1,178.37 $ 1,179.17 0.0034 x 236.20 = 0.80 VEHICLE ALLOWANCE 8,400 x 0.31 = $ 2,604.00 FUEL ALLOWANCE 1,200 x 1.00 = $ 1,200.00 TOTAL 32,552.26 1999LAKE.WK4 04/02/99 01:51 PM RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS,AUTHORIZING THE CITY TO PROVIDE SUPPLEMENTAL PATROL ON LAKE LAVON AND TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE U. S. ARMY CORPS OF ENGINEERS, DEFINING THE TERMS OF SUCH PATROL, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUCH AGREEMENT. WHEREAS, The City of Wylie Police Department has in the past provided supplemental patrol and enforced City Ordinances, if applicable, on U. S. Government property which lies within the City Limits of Wylie; and WHEREAS, The City is willing to provide such patrol and enforcement for the 1999 season (as specified in agreement); and WHEREAS, The City Council desires to approve the City's providing such services and authorizes the negotiation of an agreement, defining the terms and provisions of such service, and further authorizing the execution thereof by the City Manager; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS AS FOLLOWS: SECTION 1 The City of Wylie is hereby authorized to enter into an agreement with the U. S. Army Corps of Engineers whereby the Police Department will provide supplemental patrol and enforce City Ordinances, if applicable, on U. S. Government property, located within its City Limits on and around Lake Lavon. SECTION 2 The agreement shall provide that the City of Wylie Police Department shall be reimbursed for these supplemental patrols, at an agreed upon rate. SECTION 3 The City Manager is hereby authorized to negotiate such an agreement and to sign the same on behalf of the City of Wylie. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE l3m DAY OF APRIL, 1999. John Mondy, Mayor ATTEST: Barbara A. Salinas, City Secretary 1111111111111E1011 rev iriiii ®�11C D.��R�A�L.�A� ■. ,i r ari11�n ��r r►� ,1111aaaira ..irn uaa■in ■r a iiR.�U� irrii rir 4Ia41WAAL) _ April 7, 1999 Mr. Ed Hill,Lake Manager Lavon Project Office P.O. Box 1660 Wylie, Texas 75098 Dear Mr. Hill: This letter is to confirm the intent of the City of Wylie, Texas to enter into a cooperative agreement for the Supplemental Law Enforcement Services at Lake Lavon vitl they U. S. Army Corps of Engineers. �°`.f I am enclosing a cost' breakdown of expenses for the 1,037 man-hour supplemental `) patrols during the period of Friday, May 28, 1999 through Sunday, September 19,1999. The officers received'a 15% pay raise since last year's contract, which impacted the increased personnel costs. We will forward a copy of the resolution to you after passage and approval by the Wylie City Council. Should you have any questions or need further clarification, do not hesitate to contact me. Sincerely, Jeff Butters Chief of Police JTB:ps 2000 North Highway 78 *Wylie,Texas 75098 *(972) 442-8170 *Fax (972)442-9006 WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION April 13, 1999 Item No. c 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. Background 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 for 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. 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. 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 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. 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. Financial Considerations To date, approximately $103,550 in Parkland Dedication Fees have been paid, representing approximately 460 dwelling units. Of land dedication, conceptual approval has been given to 56 acres of private park and open space(Home Owner's Association)and 60 acres of public park and open space. Other Considerations Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. Item for Individual Consideration Amending Park Zones Page 1 Board/Commission Recommendation The Parks and Recreation Advisory Board recommended approval of the amendment to the Park Zone Boundaries by a unanimous vote. Staff Recommendation Currently, Section 78-72 of the Code reads as follows: Park zones same boundaries as lift station districts. The park zones necessary for the implementation of the park dedication ordinance are declared to have the same boundaries as those defined in the lift station district ordinance. Staff recommends the City Code be amended to read as follows: Park zone boundaries. The park zones necessary for the implementation of the park dedication ordinance are declared to have the boundaries as delineated upon the park zone map, said map being adopted as part of this article for all purposes. Attachment Proposed Park Zone Map Ordinance Th;t4, - � G� L-dCJLAA44 Prepay y Revi e by Finance City Manager Approval Item for Individual Consideration Amending Park Zones Page 2 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 87-14 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: The Code of Ordinances of the City of Wylie be amended as follows: SECTION 1 Sec. 78-72. Park zones. The park zones necessary for the implementation of the park dedication ordinance are declared to have the boundaries as delineated upon the park zone map, said map being adopted as part of this article for all purposes. SECTION 2 Any person violating the provisions of the Fee Schedule, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set for in section 1-9, therein, as the same now exists or is hereafter amended and shall not be allowed the permit, privilege or license to which the fee pertains. SECTION 3 This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 4 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 the virtue of such ordinance; not shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary _--ff No ...,...::, 11.. Iferirfil 4... _Illlpr=mo•. 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I Liii"rot * 4111‘i Nia ta-:.!.11LjE • 11.6•1 .� 4iiiii, mi. v q :::-A.1.. rziiii •,. ! ii , ,,, ,e,),,,,,,:: , mit. .... o: Iii Nr..;;;;..."?..%.,...4 6 ,*,///jo r '1 1.1 4 , � 4 ,, -r r CITY OF WYLIE r � ,+ �.. W/,.:::.:::.'■ ': ' PARK ZONES 711( 11111 Nielii„A-illalfl `s'',4%i':;',,r , ..•: if 4 ..,;�i a‘ \ ;.;ice �r7'yi% WYLIE CITY COUNCIL pi" INDIVIDUAL CONSIDERATION Apri113, 1999 Item No. 1p. Issue Consider and act upon approval of an ordinance granting a franchise to CoSery Gas Company. Background CoSery Gas Company, an affiliate of Denton County Electric and CoSery Communications, has requested a franchise agreement to provide natural gas service within the City of Wylie. CoSery intends to make its initial entry into this market by providing gas service to Pulte Homes' Lakeside Estates Phase I. The site of this new subdivision, which will consist of approximately 400 homes, is generally located at the Northwest corner of FM544 and Springwell Parkway (Marshall Lane). Using the Lone Star Gas franchise as a starting point, staff drafted a proposed franchise ordinance. The terms of the agreement were altered only with respect to the gas company's responsibilities for the restoration of public lands or rights of way when these are disturbed by construction or repairs. After a review by the City Attorney, the ordinance was rewritten to further strengthen the City's position and close certain loopholes in the calculation of franchise fees. The proposed three percent franchise fee is the same as that currently collected from Lone Star Gas. The expiration date of the five-year CoSery franchise will coincide with the expiration of the Lone Star franchise. The City will be in a position to negotiate a more favorable fee from both of these utilities when their franchises come up for renewal. A copy of the proposed franchise ordinance is attached. Financial Considerations CoSery will initially be providing natural gas service to approximately 400 homes. An average monthly bill of$30 per home will generate$144,000 of annual gross revenues for CoServ. The annual franchise fee due the City would be approximately $4,320. Other Considerations Article X, Section 1 of the City Charter states that the City has the power to regulate public services and utilities within the City as granted under the constitution and laws of the State of Texas. Article X, Section 2 of the City Charter grants the City Council the power to grant, renew and extend all franchises of a public service operating within the City. Board/Commission Recommendation N/A Item for Individual Consideration Award of Bid-1995 Bond Program Water Projects Page 1 Staff Recommendation Staff recommends the adoption of the proposed ordinance granting a franchise to CoSery Gas Company to provide natural gas service in the City of Wylie. Attachments Proposed Franchise Ordinance. Summary of City Franchise Agreements 3 • ,// eGU5444•4 Prepared by Revie gr, by Finance City Manager Approval Item for Individual Consideration Award of Bid-1995 Bond Program Water Projects Page 2 CITY OF WYLIE ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, GRANTING TO COSERV GAS COMPANY, AN AFFILIATE OF DENTON COUNTY ELECTRIC, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF WYLIE, COLLIN AND DENTON COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE AND DISTRIBUTION OF GAS IN AND OUT OF AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS; REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES WITH THIS COMPANY AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, SAVINGS AND PENALTY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS the City Council is desirous of entering into a franchise agreement and passing a franchise ordinance granting to CoSery Gas Company a franchise to furnish and supply gas to the general public in Wylie, and for the transporting, delivery, sale and distribution of gas in, out of and through Wylie for all purposes; and WHEREAS the City Council investigated and determined that the granting of a franchise to CoSery Gas Company is in the best interest of the citizens of Wylie. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1: Incorporation of Findings. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2: Grant of Franchise by City. 2.1. Wylie (hereinafter called "City") hereby grants to CoSery Gas Company (hereinafter called "Company") a franchise and consents to use and occupy the present and ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 1 he\I:m box4\wy I ie\coservwsu.ord/040599 future streets, alleys, highways, public places, public thoroughfares and grounds of City for the purpose of laying, maintaining, constructing, operating and replacing therein and thereon pipe lines and all other appurtenant equipment needed and necessary to deliver gas in, out of and through City and to sell gas to persons, firms and corporations, including all the general public, within City's corporate limits. 2.2 This franchise is granted for a term of five (5) years from and after the date that this ordinance shall become effective. 2.3 The rights, privileges and franchises granted by this Ordinance are not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights and franchises as it may see fit to any other person or corporation for the purpose of furnishing gas for light, heat and power to and for City and the inhabitants thereof. City shall not grant any more favorable conditions, including franchise fee, to any other gas utility franchisee that are granted herein to Company. Section 3: Company's Responsibilities for Construction and/or Repair of its Gas Distribution System. 3.1. The location of all mains, pipes, laterals and other appurtenant equipment shall be consistent with ordinances and regulations of City as they may be, from time-to-time, amended or revised by any subsequent ordinance or regulation. 3.2. A permit shall be obtained from City prior to the initiation of any construction, repair, replacement or other act on or within the streets, alleys and/or public ways of City. Company shall lay, maintain, construct, operate and replace its pipes, mains, laterals and other equipment so as to cause as little interference as possible with traffic in City. Company shall ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 2 he\I:mbox4\wy lie\coservwsu.ord/040599 within a reasonable time, or as required by any ordinance which may direct such timeliness, repair, clean up and/or restore, to an approximate original condition, at Company's expense, all streets, alleys, landscapes, grassed areas or any other surfaces or improvements existing in or on the streets, alleys and public ways of City disturbed during the construction or repair of its gas distribution system. 3.3. When Company shall make or cause to be made excavations or shall place obstructions in any street, alley and/or other public place, the public shall be protected by barriers and lights reasonably necessary to warn members of the public of the hazardous conditions and to protect their safety; said barriers and lights to be erected and maintained by Company consistent with the ordinances and regulations of City as may be, from time-to-time, amended or revised by any subsequent ordinance or regulation. 3.4. In the event of an emergency repair, City shall be notified as soon as possible after Company's notification, and in no event shall such notification and request for permit be later than the end of the next working day after the repairs are made or as prescribed by any ordinance or regulation governing such emergencies repairs. 3.5. Erosion and sedimentation shall be controlled in accordance with the ordinances and regulations of City, as may be, from time-to-time, amended or revised by any subsequent ordinance or regulation. Permanent erosion control shall be required upon completion of all work with the streets, alleys and public ways of City. 3.6 When Company is required to remove and/or relocate its mains, laterals and/or other facilities to accommodate City construction of streets and alleys (the "Relocation"), Company shall be entitled, upon submission of appropriate documentation, to reimbursement from City or others for reasonable costs and expenses of the Relocation, provided that City is ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 3 he\I:mbox4\wy lie\coservwsu.ord/040599 eligible for and receives reimbursement of the costs and expenses associated with the Relocation. If either Company or City is eligible for reimbursement of the costs and expenses associated with the Relocation under any reimbursement program as defined below, both Company and City agree to include in any application the other Party's related costs and expenses for the Relocation. The Parties shall provide reasonable notice to the other Party of the application deadline in order to provide an adequate opportunity for the submittal of its costs and expenses for inclusion in the application. A reimbursement program includes, but is not limited to the following, the Federal-Aid System (or any successor thereto) and any federal, state, county, local or other program that allows reimbursement for Relocation costs and expenses. Section 4: Services Rendered by Company and Its Ability to Charge Citizens and to Require Deposits. 4.1. Company shall furnish adequate and efficient service to the public at fair, just and reasonable rates and charges therefor; and Company shall maintain its property, equipment and appliances in good order and condition. 4.2. Company shall be required, at its own expense, to extend distribution mains in any public right-of-way up to fifty feet (50') for any residential customer but only if such customer, at a minimum, uses gas for un-supplemented space and water heating. Un- supplemented space and water heating means a residential customer that uses gas exclusively to heat its home and water without an electric source. 4.3. In addition to the rates charged for gas supplied and transported, Company may make and enforce reasonable charges, rules and regulations for services rendered in the conduct of its business, including a charge for services rendered in the inauguration of natural ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 4 he\I:mbox4\wy lie\coservwsu.ord/040599 gas service, and may require, before furnishing service, the execution of a contract therefor. However, all such charges, rules and regulations involving any consumer of gas within the corporate limits of City shall be subject to regulations, supervision and approval by the City Council as appropriate. Any such charges, rules and regulations being proposed by Company shall be submitted in writing to the city manager or his/her designated representative prior to instituting the charge, rule or regulation. Company shall have the right to contract with each customer, if customer so desires, with reference to the installation of and payment for any and all of the gas piping from the connection thereof with Company's main in the streets or alleys to and throughout the consumer's premises. Company shall own, operate and maintain all service lines, which are defined as the supply lines from Company's main to the consumer's meter where gas is measured by Company. The consumer shall own, operate and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company's customer meter to the point of connection with consumer's house piping. 4.4. Company shall be entitled to require from each and every consumer of gas, before gas service is commenced, a deposit in an amount calculated pursuant to Company's Quality of Service Rules as may be in effect during the term of this franchise, and which are incorporated, in their current form within this franchise agreement by reference as if incorporated in full. Said deposit shall be retained and refunded in accordance with such Quality of Service Rules and shall bear interest, as provided in Tex. Rev. Civ. Stat. Ann. art. 1440a as it may be amended from time to time. Company shall be entitled to apply said deposit with accrued interest, to any indebtedness owed Company by the consumer making the deposit. ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 5 he\I:m box4\wy I ie\coservws u.ord/040599 4.5. Company agrees that City may, at any time during the term of this Ordinance, employ expert assistance and advice in determining fair, just and reasonable rates to be charged by Company to its consumers in the corporate limits of City and in determining the extent to which Company is complying with the terms and conditions of this Ordinance. Section 5: Terms of Payment of Franchise Fee to City. 5.1 Company agrees to deliver and pay to City, and City agrees to accept, annually, with the first payment being due and payable on or before the and continuing annually thereafter until , a sum of money which shall be equivalent to [1] three percent (3%) of the gross receipts received by Company from the sale of gas during each year to all its City Customers; and [2] three percent (3%) of any fees received by Company's local distribution center during each year for the transportation of gas to all its City Customers, regardless of the origination of the gas within Company's system of lines; and [3] three percent (3%) of the Transportation Purchase Price of any and all gas transported by Company to all of its City Customers during each year. 5.2 Each transportation customer ("Transportation Customer") of Company shall disclose to Company the purchase price of the gas. Should the Transportation Customer fail or refuse to disclose or furnish such purchase price to Company, Company shall establish the Transportation Purchase Price by utilizing 110% of the Houston Ship Channel Index of prices for large packages of gas published each month in Inside FERC's Gas Market Report (or a successor publication or another publication agreed upon by City and Company) for the period of time the transportation service is performed. Company shall use all due diligence in collecting from Transportation Customers any and all fees required by this franchise ordinance and/or agreement, but shall not be responsible for paying the fees to City if Company's ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 6 he\I:mbox4\wy lie\coservwsu.ord/040599 Transportation Customer refuses to pay. Provided, however, that if Company's Transportation Customer refuses to pay the fee imposed on the Transportation Purchase Price and remains delinquent in payment of such fee for a period greater than thirty days, Company shall be responsible for the uncollected fee on any gas thereafter transported through the rights-of-way of City to Company's Transportation Customer, but in no event shall the customer be relieved of its obligation to reimburse Company for any fees paid to City. 5.3 For the purpose of calculating said fees, the previous year's receipts will be the basis for such calculations; however, the payment made to City fulfills Company's obligation for the year in which payment is made. The payment shall be for the rights and privileges herein granted Company for that year, including expressly the right to use the streets, alleys and public ways of City. 5.4 Should any payment due date required by this agreement fall on a weekend or declared bank holiday, payment shall be delivered to City no later than the close of business on the day before the required due date contained within this Ordinance. 5.5 It is expressly agreed that the above-referenced payments shall be in lieu of any payments for the right to use the streets, alleys and public ways of City, including expressly, the charge permitted to be levied by Texas Tax Code §§182.021-182.026 and 182.081- 182.082 ("Tax Sections"), or any successor statute permitting such a charge, however designated. Should City not have the legal power to agree that the above-referenced payments shall be in lieu of all charges for the use of the streets, alleys and public ways of City of Wylie, City agrees to apply the percentage necessary from the above-referenced payments to satisfy Company's charges levied pursuant to the Tax Sections. ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 7 he\I:mbox4\wy lie\coservwsu.ord/040599 5.6 If the law of the state is changed to provide for a greater charge than that agreed to in this franchise, City may, at its option, notify Company of its desire to amend this franchise and Company is required to enter into negotiations for such greater charge in lieu of the charge provided herein. Company shall use due diligence in negotiating such greater charge and shall not unduly inhibit such negotiations. 5.7 In order to determine the gross receipts received by Company for those categories identified in the preceding paragraphs of this Section, Company agrees that on the same date that payment is made, it will file with the City Secretary a sworn copy of a report itemizing revenues from each of the categories identified in the preceding paragraphs of this Section. Such report shall be in substantially the same form as Exhibit "A", attached hereto. City, or its designated representative, may, at City's option, examine the books and records of Company to ascertain the correctness of the reports filed herein. 5.8 Should technological, market-driven, regulatory or similar changes occur in the natural gas industry which create classes or categories of usage different from those enumerated in this Section, or should Company alter the means, methods or types of uses of the rights-of-way of City, or should City reasonably believe that the franchise fees contained in Sections 5.1 and/or 5.2 should be amended in order to not impair City's ability to receive an adequate franchise fee pursuant to this Ordinance, then City may initiate the renegotiation of the franchise fee provision of this Ordinance. Should City request a change to the franchise fee provision of this Ordinance, both parties agree to enter into a good faith negotiation. "Good Faith", for the purpose of this Ordinance, shall mean an objective, diligent, timely and responsible discourse on the issue(s) involved and a resolute attempt to settle the issue(s). Should, as a result of renegotiation, City and Company agree to a change in a provision of this ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 8 he\I:mbox4\wy lie\coservwsu.ord/040599 Ordinance, the change shall become effective immediately upon passage of an Ordinance by the City Council and execution of the amendment by Company. Both parties agree that passage and execution will be a mandatory act following renegotiation. Company agrees to provide any and all information requested (except that which is deemed proprietary by a court of competent jurisdiction) by City to assist in a determination of any changes in conditions, practices and/or services provided by Company through the use of the right-of-way of City. Section 6: Release and Indemnification. In consideration of the granting of this franchise, Company agrees that City shall not be liable or responsible for and Company does hereby release and agree to indemnify and hold harmless City from and against, all suits, actions, proceedings or claims of injury to any person or persons, or damages to any property, brought by or made on account of any death, injuries to or damages received or sustained by any person or persons or for damage to or loss of property arising out of, or occasioned by the construction, operation or maintenance of the gas distribution plant or system of Company, except to the extent caused by the negligence of City. In the event that any action, suit or proceeding is brought against City upon any liability arising out of the construction, operation or maintenance of the gas distribution plant or system of Company, City shall give notice in writing to Company by registered or certified mail. Upon receipt of such notice, Company shall, at its own expense, defend City in any action contemplated by this paragraph and take all steps as may be necessary or proper to prevent the obtaining of a judgment against City and/or will satisfy any judgment obtained against City. City agrees to cooperate with Company in connection with defending the action. ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 9 he\I:m box4\wy I ie\coservws u.ord/040599 Section 7: Forfeiture. 7.1. If Company fails to comply with the terms of this franchise, after sixty (60) days written notice, then City may compel compliance by suit in any court of competent jurisdiction and if, upon final judgment being entered in favor of City, Company still fails to comply with the terms of the franchise and the final judgment, City may compel compliance under penalty of forfeiture hereof, with City having an option to purchase Company's property located in City at a fair market value should such forfeiture occur. In the event City chooses to purchase Company's property under penalty of forfeiture and City and Company cannot agree upon the fair market value of the property, then the fair market value of Company's property shall be established by a majority vote of three appraisers with one appraiser selected by Company, one appraiser selected by City and one appraiser selected by the other two appraisers. If the two appraisers are unable to agree upon the third appraiser, then the third appraiser shall be selected by order of a court of competent jurisdiction. 7.2 Company further agrees that if for any reason Company fails to pay the payments referenced in Section 5 of this Ordinance within thirty (30) days following written notice from City that Company has failed to make the payment, such failure shall be sufficient to permit City to forfeit the franchise without court action. Section 8: Most Favored City Provision. This Ordinance governing supplying gas to the general public of City may be amended at any time by the mutual written agreement of City and Company. It is understood that Company is currently in the process of negotiating similar ordinances and agreements with other cities throughout the state. It is understood and agreed if an ordinance or agreement governing supplying gas to the general public of another city in this state contains a provision ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 10 he\I:mbox4\wy I ie\coservwsu.ord/040599 which City feels would be more advantageous to it than the terms hereof, City may require that portion of this Ordinance be reopened for negotiation, and Company agrees to amend this Ordinance so as to provide similar provisions for City. The intent of the parties is that City will be entitled to treatment comparable to that which was afforded under the ordinance or agreement with the other city, giving due consideration to the contextual meaning of the provision on which renegotiation is sought and the effect of the proposed amendment result in a higher level produced by the methodologies utilized by Company to calculate compensation to other cities in Texas, nor may an amendment be applied retroactively. For the purpose of this section, Company shall, on request of City, provide City a copy of any gas use ordinance, franchise or similar agreement it enters into with any Texas city during the term of this Ordinance. Section 9 : Miscellaneous Provisions. 9.1. All Ordinances and parts of Ordinances of the City of Wylie, Texas in conflict with the provisions of this Ordinance are hereby repealed. 9.2. The repeal of any Ordinance or part of Ordinance effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such Ordinance or a discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any Ordinances at the time of passage of this Ordinance. 9.3. It is the intention of the City Council that this Ordinance, and every provision thereof, shall be considered severable, and the invalidity or unconstitutionality of any section, clause, provision or portion of this Ordinance shall not affect the validity or constitutionality of any other portion of this Ordinance. ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 11 hc\I:mbox4\wylie\coservwsu.ord/040599 9.4. Company shall file its written acceptance of this franchise ordinance within sixty (60) business days after passage by City. 9.5. The caption of this Ordinance shall be published in accordance with the laws of the State of Texas and in compliance with the City Charter of Wylie. 9.6. This franchise ordinance shall become effective thirty (30) days after its passage and publication, providing Company has filed with the City Secretary its written acceptance of this franchise ordinance prior to the effective date. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1999. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: APPROVED AS TO FORM: BARBARA SALINAS ABERNATHY, ROEDER, BOYD City Secretary & JOPLIN, P.C. City Attorneys RICHARD ABERNATHY IN WITNESS WHEREOF, both parties acknowledge and agree to be bound by the terms and conditions of the foregoing Ordinance. CITY OF WYLIE, TEXAS By: Date: JOHN MONDY Its: Mayor COSERV GAS COMPANY ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 12 h c\I:m box4\wy I i e\cos a rvws u.o rd/040599 By: Date: Its: 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 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: ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 13 he\I:m box4\wy I ie\coservwsu.ord/040599 STATE OF TEXAS * * COUNTY OF * 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 COSERV GAS COMPANY, 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: ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 14 he\I:mbox4\wy lie\coservwsu.ord/040599 EXHIBIT "A" CITY OF WYLIE ANNUAL FRANCHISE FEE PAYMENT COSERV GAS COMPANY For Year Ending: No. Of Subscribers by Class: (Less Subscribers Outside City Limits) Class: Number of Customers: Residential Commercial Industrial Public Authority Electric Generation Transportation Sales and Transportation Revenues in City of Wylie: Revenues: Residential Gas Sales Commercial Gas Sales Industrial Gas Sales Public Authority Gas Sales Gas Transportation Revenues for Gas Transported to Customers Total Sales and Transportation Revenues in City of Wylie: Plus: Purchase Price of Gas Transported by CoSery Gas Company to Customers in the City of Wylie Less Adjustments (Net Bad Debts): < > Adjusted Gross Revenues Franchise Rate x Adjusted Gross Revenues x 3% = Total Franchise Fee Amount: Franchise Fee Payment Amount: Authorized Signature Date ORDINANCE GRANTING FRANCHISE TO COSERV GAS COMPANY-Page 15 he\I:mbox41wy lie\coservwsu.ord/040599 WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION April 13, 1999 Item No. 7' Issue Conside and act upon approval of the Replacement of Booster 1 with the purchase of a new Quint (Fire Apparatus). Background The City Council took a very bold move for a city the size of Wylie in 1995 and authorized the purchase of the fire departments first Quint fire apparatus. The new Quint has been put to the test several times since its placement into service. The fires at Extruders in 1997, the Picadilly house fires in 1998, and most recently the downtown fires, have proved the value of the quint to the business and property owners, and the citizens of Wylie. 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 fire alone. 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. There are three options regarding the scheduled replacement of Booster# 1. ► Retain the apparatus and continue its use for the volunteer force, ► Replace the apparatus with a fire engine and modify the current staffmg plan,or; ► Replace the apparatus with a Quint while maintaining the current staffmg plan of the 'True Quint Concept' and place the Booster into reserve status. Retaining Booster# 1 Booster#1 is currently being used by the Volunteer Firefighters. The ISO rating is affected by the lack of required reserve apparatus and the required minimum flow rates of the combined fire apparatus. The fire department does not currently have any reserve apparatus. The apparatus also has a history of chronic mechanical problems with the brakes, the electrical system, the fuel system, and the plumbing system. When fire apparatus is sent out for repairs, it is out of service on the average of about seven days. Work on the engines are out sourced out due to their technical nature. In addition to the mechanical problems, the apparatus has some design issues. It is a two-man cab which allows only two fire personnel in the vehicle. Due to updated safety standards, the tailboard can no longer be used for additional personnel. The apparatus has a 750 G.P.M. Pump which restricts its capabilities to either flowing the deck gun, or flowing the pre-connects. It is not able to do both at the same time. Individual Consideration Replacement of Booster 1 Page 1 Background-continued Replace apparatus with a fire engine and modify current staffing plan Replacing Booster# 1 with a fire engine instead of another Quint would mean pulling away from the fire departments current staffing concept, 'A True Quint Concept'. This concept is the most efficient staffing and apparatus concept available, while still meeting the 2 in/2 out National Fire Protection Standards (NFPA). Steering back toward a double truck company concept would mean an additional 12 personnel and the purchase of a ladder truck when fire station#3 opens. This would cost about $600,000 a year in staffing alone at current costs. The purchase of a Fire Truck would be between $750,000 and $1,000,000. Replace apparatus with a Quint and maintain current staffing (Approximate cost$410,000) Replacing the Booster with a Quint would maintain the fire department's current staffing and five year plan. The proposed Quint would have most of the same features as our current Quint. The major difference would be to require a custom chassis verses factory built a chassis. We have not been satisfied with the detail work of the manufactured chassis and have had the manufacturer re-engineer the brake system. The quint would be delivered sometime in November 1999. A concept drawing, pricing and an article that discusses the Quint concept is included for the council's review. The purchase of a Quint is consistent with The Fire Department Master Plan which runs through the year 2004. The National Fire Protection Association promulgates a national industry standard that establishes a practice of 2 in/2 out. The Texas Commission on Fire Protection Standards, which regulates fire departments, recommends, but does not require, Texas fire departments to adopt NFPA standards for ideal use. The conclusion of the City Attorney is that the City is at a greater risk of having the (2 in/2 out) standard being used against the fire department as some evidence of negligence in a law suit if we did not adopt the same standard. Attached is a letter from Richard Abernathy's office regarding the OSHA 2 in/2 out standard. The time lines for purchasing a new quint include; • design and engineering(60 to 90 days) • obtaining a construction slot for the chassis (up to a 16-month lead depending on the type and make,due to the shortage of Allison Automatic transmissions) • obtaining a construction slot for the ladder (up to 10 month lead, due to the relocation of the manufacturer of the type ladder we are requiring) • construction of the body will take about four months • total actual construction of the vehicle will take about eight months The work on this truck started in the August of 1998 when we secured a June-99 construction slot for a 65' Snorkel ladder. This was possible because of a relationship we developed with Snorkel when we were ordering Quint 1. Construction and delivery schedule: August 1998 Acquire construction slot for ladder September Chassis specs October Construction slot for Chassis November Design and engineering December Design and engineering Individual Consideration Replacement of Booster 1 Page 2 Background continued January 1999 design and engineering February drawing and vehicle specs. March place order(deposit) April chassis construction May chassis construction June chassis completion/ ladder construction July Body construction and assembly August Body construction and assembly September Body construction and assembly October Body construction and assembly November unit completion, inspection, and testing Other Considerations The purchase of the Quint would be made under the terms of an existing contract between General Safety Equipment and the City of Plano which,along with the City of Wylie, is a member entity of the Collin County Governmental Purchasers Forum. This cooperative purchasing arrangement is made possible by the Interlocal Cooperation Act and satisfies the competitive bidding requirements of Chapter 252.021 of the Texas Local Government Code. Financial Considerations 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. Attached are estimated debt service schedules for Public Property Finance Contractual Obligations (PPFCO) for four , five and seven year financing. The assumptions for the debt service include a principal amount of$400,000 , issuance costs are included in the financing and the interest rates are conservatively estimated to be 4.125 percent for the 4 year note, 4.25 percent for the 5 year note and 4.5 percent for the 7 year note. 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 over the life of the debt. The difference in the total amount of interest paid would be approximately $33,000 between the four year and seven year note. Board/Commission Recommendation N/A Staff Recommendation Staff recommends approval for the purchase of the new Quint and that the purchase be financed by Public Property Finance Contractual Obligations for a period of seven years..The purchase of the Quint to replace Booster 1 will allow the fire department to continue with current staffing and maintain the goals that have been set forth in the master plan. Individual Consideration Replacement of Booster 1 Page 3 Attachments Quote/Proposal from General Safety Equipment Letter from Attorney Richard Abernathy Fire Department Master Plan Article"The New Quint" Repair list for freightliner chassis Debt Service Schedules for four, five and seven year financing Piu Prepared by Rev' d by Finance City Manager Approval Individual Consideration Replacement of Booster 1 Page 4 r , x Ir.a > !I�l BXI sir (P (I El ,n oarr moot ridmvc r wis a. � 1 m f— ,i, �. I i,�.. QQ i ¢1eti D ' �a I I @ ' s —1 7, for �® ~ ; 1, _ ,� I 1 rp ,41 ' MIN Ili= Mil G k Is 141-4: '''' 1 A 1,,, I' I 'rillilli')1\ • I 1 , ! iE rni 1 I kfictil teni I, reap FV 1 ;- I 1 qr , , �firi"�� Y' sia ,. E RIOW t 1 i—. A e 4b if it IlirS s .��000w•. j / �' x J f 1 C:31 MI rZ, u CO ins EB»ANI-, ®0 7f�ll/' ^,•1'pt"I. 7P I� L E14, m• COre N _.— GENERAL SAFETY EQUIPMENT ;DE i M443 m --PROPOSED— l�r ac n9sv+ol SI•oe r cum sneoiriaaoa Dirl SR UM Ell lin: to t r*---,-...- � �1'YLIE FIRE DEPT. Int 1. tip,PA qpI m: Ip[971i1 IE SU M1 tilt URl1 _-----;_,,,I CO tar 9444 0 L1.1.1. ill p+[!e s LK W1wobWR AM 9JlIEM IO i c aNC CwwG11 OK 14 SUU.G6 YfGIIIIM CH S991WA110NS 144(1114]WS IM KCFS1Mlr VOW 111 nEwS 111.0 AR[alSP[C1eu+d i a may.Mloa IMAM E/S yet NIR 1 a.. Q APR-01-1999 12:37 General Safety 1 612 462 1700 P.01/06 G get" over 60 years of dedication to the fire service Company: Wylie Fire Department GENERAL SAFETY Attn.: Chief Shan English EQUIPMENT 25900 Fallbrook Avenue Dept: Wyoming, MN 55092/USA Fax No.: 972-442-8112 Phone (612)462-1000 Fax (612)462-1700 From: Brian Bramley Pages: 6 (incl. coversheet) Date 04/01/99 Reference : 65 FT Squrt Proposal Chief English, Sorry about the delay,the meeting 1 was in lasted longer than expected. Please review the following "stripper" sheet to make sure it meets your needs. As I mentioned on the phone, the price as it is currently specified would be $409,479.00. Please call with any questions. I will have a drawing to you by next week. Thanks for your patience and support! Sincerely, GENERAL SAFETY EQUIPMENT 1 APR-01-1999 12:37 General Safety 1 612 462 1700 P.02/06 rer{",�{�+ 3.<., n� �•cY dFc x •,nx. .,,.si.Q.•I.s£ n,.gcR-,z$n"'a la;,�r-_ -( E,I .;a i` ,,A c R,tC4'4'.24 3$ SFsw :I`XV70.4{tP3'3$.L'7q `7F,' (34N '( - c'�.fi:inkta'.',€11 .t.. -kx� dS:�'{c.:e: : ^Is ,): Q�3 jai.. .<.. i...:s.: u..s,. .3�. � k.31.La .„..,: zi.:<:0;,,,,,., S„.w...ao..> .,_.,.2.:. Apt fY 3 `xVMMY 41 QUOTATIONc. f;z General Safety Equip- �� "t -.¢? R t f ,{C k:7f 1f D 3 nY> y ,� „1 �.),t ,6 s,Y,']`g'`. . r Sip, �,f„{.. thi `TL '..,1 C i x't 1 a3' ?r 7 ,f b _,a4Q f q S Atz. 'Ey�` 5 .{�l' s 4i ga ox �:lsz...1F,.�:as,.t9:,f��.a.,c,a.'.(„�,f':d�.��..e<fk.,�3.h:x.:i�:,Lz1s m:::s:i..,,,,,a3 +.u.3y�j�s..5z.�.#r..s..s.�..a•LE3a NiU>{ Ft is :. .3i�er:� "r3^.�f. at" ,�tz �^ `Ll� cf��'��'{,•f��y.3,� Quote For : rShip To : Wylie Fire Department , Wylie, TX Exp Date: 04/30/99 Quote No: 01.999-006 CHASSIS: VA-40-MI ADVANTAGE CAB AND CHASSIS BODY: 0000002000 50 ' OR 65' TELESQURT 04/01/99 Page 1 PART NO DESCRIPTION QTY e nssza CHASSIS -..=__= CHASSIS 00-VA-10 ADVANTAGE MFD CUSTOM Aluminum Tilt Cab 1 00-XX-10 Chaaazs warranty, One (1) Year 1 00-XX-20 cab Perforation Warranty, Ten (10) Yesra 1 01-00-00 "** mama *** 1 01-10-15 Double Heat Treated Frame, 110,000 PSI 1 01-10-40 Frame Paint. Standard Black 1 01-15-10 wheelbase: / AB: " (P1eeSe edit) 1 01-15-15 Maximum height of vehicle: from ground 1 02-00-00 *** FVSL SYSTEM *"" 1 02-10-05 Fuel tank, SO Callon 1 03-00-00 *** FRONT BUMPER ""' 1 03-11-24 Front Bumper with 24" extension ADV 1 03-25-20 Tow Hooks, Painted ADV 1 03-30-37 (2) Air horns, Grover, CENTER BEHIND BTMPBR 1 03-35-05 Air horn actuation,Steer wheel & RH foot awte 1 04-10-07 Install customers temporary jatkshaft 1 05-00-00 *** FRONT AXLE *** 1 05-20.12 20,000 lb Meritor (Rockwell) front axle / Ad, 1 05-50-30 Front cramp angle: 34 degrees (385/65R tire*) 1 06-00-00 *** FRONT TIRES/wH86L3 *** 1 06-38-15 Gdyr 385/65R 22.5 18 PR "d" 12.25 P 20,000 An 1 06-45-05 Pront Wheels, Steel dioc type 1 06-50-30 Pent wheel bearings. Oil lubricated 1 06-50-35 Front shock absorbers, Monroe #70150, 2-3/4" 1 06-50-45 Steering column & wheel, Tilt telescopic type 1 06-S0-20 Front brake*, Disc type w/Auto slacks ADV 1 07-00-00 *x* REAR Axyg *** 1 07-31-10 31,000 lb. Meritor (Rockwell) rear axle / Adv 1 07-32-03 Top speed: 70 MPH, Single rear axle 1 08-00-00 *** REAR TIR86/wHEELg -"* 1 08-31-12 Gdyr 315/80R 22.5 20 PR 'L" 9.00 R 32,560 ADV I 08-45-05 Rear Wheels, Steel dins type, single axle 1 08-50-30 Rear wheel bearings. Oil lubricated 1 09-00-00 *** REAR SUSPENSION *" 1 09-10.05 Rear ouspensian 57.5" x 3- vari-rate springs 1 09-35-10 Rear brakes 16-1/2"x7' "S" cam single rear ax 1 09-36-05 MABCO ABS Brakes, Front E. single rear 1 11-00-00 *** AIR BRAKE SYSTEM *** 1 11-10-05 Air brake system Single axle / 4,136 total 1 2 APR-01-1999 12:38 General Safety 1 612 462 1700 P.03/06 04/01/99 Page 2 PART NO DESCRIPTION QTY 11-20-OS Air Dryer, Midland SPA33100 spin on 1 . 11-20-05 Manual drains - Dingle rear axle 1 11-40-05 Nylon air line tubing 1 11-50-10 Engine Air compressor, 13.2 CFM, CUMMINS 1 12-00-00 *** ENGINE *** 1 12-10-06 S Cummins I8C 350 hp electronic engine - 1 12-22-10 Engine Warranty, Cummins 5 yr/100,000 miles 1 12-25-00 *** FUEL FILTERS & ENGINE OPTIONS *** 1 12.25-10 Fuel Filter - Cummins engine 1 12-30-15 Jacobs Extarder, engine exhaust brake ADV 1 12-50-10 **• SXNAVST SYSTEM *** 1 12-50-18 Exitcuet Dystcm, Metro star, Advantage 1 12-50-30 Air cleaner & air restriction gauge 1 13-00-00 *** COOLING SYSTEM *** 1 13-10-05 cooling system w/Silicone radiator hoses 1 13-10-10 Srngine fan, standard 1 13-20-35 Engine-pump heat exchanger / Advantage 1 14-00-00 *** TRANSMISSION *** 1 14-10-02 Allison MD 3050V 4/5-speed transmission 1 14-25-03 Tranomiaaion range selector, Push pad, Std 1 14-25-10 Mode button programed, 4th start-up/5th mode 1 14-30-05 Drive lines, M1710 Heavy duty Darien 1 14-50-10 Transmission Warranty, MD aeries 2 year (etd) 1 15-00-0o e** ELECTRICAL SYSTEM *** 1 15-05-13 Electrical system, 6 batteries ADV 1 15-15-47 Total System Manager w/high idle 4 switch/ADV 1 15-20-00 *** ALTERNATOR *** 1 15-20-25 270 amp Leece Neville Alternator / Advantage 1 15-20-00 *** BATTERY CONDITIONER *** 1 15-40-04 Battery Conditioner to be installed by OEM 1 16-00-00 *** HEADLAMPS, TURN & FRONT WARNING *** 1 16-05-07 Combination High/Low headlights w/2 warning 1 16-05-15 Cab marker lamps - cab face above windshield 1 16-30-00 *** MISC. LIGHTING & WARNING DEVICES **e 1 17-00-00 *** CAB ww* 1 17-VA-10 Advantage MFD 4-door Aluminum tilt cab 1 19-00-00 **• Cas INTERIOR *** 1 20-00.00 *** FRONT SEATS, (Driver & Officer) *** 1 20-10-02 Driver -Seato Inc. 911 UniV REG.BACK N/80SP 1 20-50.15 Officer-Seats Inc. 911 Universal REG_PAC1 ADv 1 21-50-15 SCRA Outboard rear face-911 Universal (2) ADV 1 21-50-60 SCBA Center fwd face cradle back-911 (2) ADV 1 22-00-00 *** UPHOLSTERY & IN RETDR PAINT COLOR **. 1 22-OS-05 Interior paint, Job color 1 22-10-05 Gray interior trim & create w/gray floor mat 1 22-20-07 Air conditioning, engine tunnel mount ADV 1 23-05-25 Cab tilt actuation 1 24-00-00 *** CAB EXTERIOR, ASSIST HANDLES *** 1 24-10-OS Assist handles la- stainless steel (4) 1 25-20-00 fe* CAB EXTORIOR, MIRRORS *** 1 25-20-OS Exterior Mirrors, Nest Coast Style - 1 27-10-05 Cab Painting single color exterior 1 28-00-00 *** MANUALS/MISC. *** 1 28-10-OS Service manuals and parts list (1 Set) 1 28-20-05 Fire extinguieher 1 BODY = BODY ...e===== BODY 3 APR-01-1999 12:38 General Safety 1 612 462 1700 P.04/06 04/01/99 Page 3 PART NO DESCRIPTION QTY AA-02-30 S PRE-CONSTR. CONFERENCE AT MFG. 1 AA•02-40 S 4 INSPECTION TRIP(S) 1 INSPECTION TRIPS) TD EN: AA-02-E4 S DELIVERY OVER 1000 MILES 1 AA-02-61 $ s TRAINING (FACTORY SUPPLIED) PER DAY EY AIR 1 TRAINING WILL BE POR GAAYS- CC-39-31 HOSEWELL CENTER OP FRONT BUMPER EXTENSION 1 CC-39-34 HOSEWELL COVER HINGED ALUMINUM 1 CC-39-45 MAP POCKB'1' IN CAB 5" W X 12.5" L X S" D 1 CC-SO-SE S CHASSIS AIR OUTLET 1 CC-$0-60 MUD FLAPS - REAR WHEELS (1 PAIR) 1 OD-01-30 S 4 WATEROUS CSUYEX-2000 GPM SINGLE STAGE PUMP 1 ** ADD ECLISPE CAPS SYSTEM ** DD-04-05 PUMP SHIPT. PNEUMATIC (WATEROUS) 1 DD-04-45 PUMP PACKIMU (WATEROUS) DD-04-70 RELIEF VALVE (WATEROUS) 1 DD-20-05 PRIMER CONTROL / MANUAL PULL CONTROL (ETRS) 1 DD-99-05 WARRANTY (WATEROUS) STANDARD TWO YNAR 1 DH-20-10 MANUFACTURERS "UL" TEST 1 OH-20-40 HEAT EXCHANGER GATED LINE ($YARTAN E HMS) 1 BE-01-10 SUCTION RBLIEP VALVE SAIGHART VALVE 53-02-6S TWO (2) - 6- STEAMER INLETS 1 EE-03-00 GATED PUMP SUCOXON$ 1 EE-04-10 2-1/2- GATED SUCTION INTAKE(S) 1 36-04.20 2-1/2- GATED SUCTION LEFT SIDE 1 55-20-15 LONG HANDLED SUCTION CAPS LEFT & RIGHT AIDES 1 FA-01-00 GATED DXSHARGN$ 1 FA-10-00 sins MOUNT DISCHARGE OPTIONS S FE-20-00 2" APRON DISCHARGES (SIDE MOUNT) 1 P1-20-30 (1) 2" AKRON FRONT DISCH 1 1/3" PST (SM) 1 P2-20-42 4 (3) 2" APRON CROSSLAY DITCH 1 1/2 EST (SM) 1 QTY 3 FE-25-00 2 1/3" AKRON DISCHARGES (SIDE MOUNT) 1 PE-25-09 (1) 2 1/2" AKRON RIGHT SIDE DISCH (SM) 1 9B-25-16 (1) 2 1/2" AKRON CROSSLAX DISCH (SM) 1 55-30-00 3" AKRON DISCHARGES (SIDE MOUNT) 1 PE-20-20 (1) 3" AKRON RIGHT SIDE PINCH 5" STRZ (SM) 1 PE-20-55 (1) 3" AKRON AERIAL DTScx (SM) 1 55-30-00 3" AKRON ELECTRIC DISCHARGES 1 PS-20-S5 (1) 3" AKRON ELEC. DECK GUN DISCH ABOVE PUMk 2 }, PM-26-30 S • FOAM SYSTEM POAM PRO $2002 1 ** COMPONENTS OP FOAM SYSTEM TO BE SUPPLIED WITH WATERoUS PUMP SYSTEM; ADJUSTED $$$ ** FM-27-20 (1) FOAM TANK 20 GAL. 50LY 1 GG-02-12 CLAss 1 4 1/2" MASTER GAMES (WHITE PACE) 2 GG-03-12 CLASS 1 2 1/2" LINE GAUGES WHITE FACE S 4 APR-01-1999 12:38 General Safety 1 612 462 1700 P.05/06 04/01/99 Page 4 PART NO DESCRIPTION QTY GG-04-12 FLOWMINDER PLUS 4 GG-04-24. CLASS 1 ENFO III MASTER WARNING DEICE 1 GG-06-10 UL TEST CONNECTIONS 1 GG-06-40 VERNIER THROTTLE (CAT OR CUMMINS ELECT ENOS) . 1 GG-06-60 PUMP GREASE ZERK (REQUIRED WITH W R$. PUMP) 1 GG-07-10 COLOR CODED TAGS - 1 GG-16-12 SIDE MOUNT PUMP PANEL (54" WIDE 10 GAUGE MAX) 1 GO-16-20 SS PUMP PANELS (SM) 1 CG-16-40 PUMP COMPT INSPECT./ACCESS DOOR, (RGT SIDE) 1 HE-00-02 UPS BOOSTER TANK 1 HH-01-10 BOOSTER TANK POLY 500 GALLON 1 NE-03-05 TANK TO PUMP LINO 3.5• WATEROU5 VALVE 1 HH-03-50 TANK FILL/COOL LINE 1-1/2' NEE VALVE 1 HH-05-25 CLASS 1 WATER LEVEL GAUGE AT PUMP PANEL 1 • HH-OS-3S CLASS 1 FOAM LEVEL GAUGE AT PUMP PANEL 2 2Z-04-12 HYDRAULIC LADDER RACK - RIGHT SIDE 1 .7.7-05-05 EXTENSION LADDER 24' TWO SECTION P900A 1 JJ-05-45 ROOF LADDER 14' N/FOLDING HOOKS p775A 1 .YJ-05-SE FOLDING ATTIC LADDER 10' ALUMINUM *S85A 1 RE-00-23 160" LONG WELDED 65' TELESQUIRT BODY 1 KB-02-20 ALUMINUM EXTRUDED APPARATUS BODY 1 KK-01-15 ALUMINUM SUB-FRAME (*EXCL. AERIAL?) 1 KX-01-40 TOW EYES (PR) UNDER REAR OF BODY 1 KK-22-20 ALUMINUM GRATINGS MAIN HOSEBED I HIC-30-12 . (3) CROSSLAY HOSEBEDS 1 3/4' ABOVE PUMP 1 QTY 3 IOC-30-30 (1) CROSSLAY HOSEEED 2 1/2' ABOVE PUMP 1 LA-02-05 FLEX JOINT / BODY AND PUMP 1 LA-03-10 INTERFACE CHASSIS/BODY-ALUM (*EXCL. AERIAL?) 1 LA-03-05 SUPER STRUCTURE / ALUMINUM BODY 1 LA-04-05 COMPT. CONSTR. / ALUM BODY (*EXCL. AERIAL*) 1 LA-OS-05 BODY WIRING RACEWAYS 1 LA-06-OS SHELVING TRACKS / ALUMINUM BODY 1 LA-07-05 RECESSED COMPARTMENT LIGHTING 1 LA-08-OS HOSE BODY COMET./ ALUM BODY (*EXCL- AERIAL?) 1 LA-08-40 PAINTED WHEEL WELL AREA 6 SS FENDERZTTES 1 LA-12-05 COWPARTMENTATION TOPS AND DRIP RAILS 1 LA-13-48 ROLL-UP COMPARTMENT POORS 1 LA-14-S5 OVERLAYS / ALUMINUM TREADPLATE 1 LA-15-05 RUNNINGBOARDS 1 LA-16.05 RUB RAILS (ALUMINUM TREADPLATE) 1 LB-48-04 COMPTS LEFT 44W (FH) (ROLL UPS) 1 LB-50-14 12' DEEP COMPTS LEFT SIDE/WELDED BODY 1 LC-48-O8 OOMPTS RIGHT 44W (PH) (ROLL UPS) W/LAD RACK 1 LC-50-24 12' DEEP COMPTS RIGHT SIDE/MELDED BODY 1 LL-10-13 REAR STEP/TAILBOARD (lo') 1 LL-14-20 .c SHELP, ALUM. ADO'. (EA) 6 LOCATIONS! LL-16-10 -c SLIDE-OUT TRAY 2 LOCATIONS: • LL-18-50 COMPT DOORS ROBINSON ROLL UP (EA) 6 LL-22-10 HANDRAILS. (2) 30- VERTICAL R$AR MTD. 1 LL-26-14 POOR (4) REAR FOLDING STSPS, 2 BA. SIDS 1 5 RPR-01-1999 12:39 General Safety 1 612 462 1700 P.06/06 04/01/99 Page 5 PART NO DESCRIPTION QI LL30-60 FVEL FILL DOOR W/REAR FUEL TANK OR GENERATOR 1 MM-01-15 PAINTING (NATURAL INTERIORS W/ROLL UP DOOR$) 1 MM-01-IS WHEEL PAINT 1 MM-01-70 TOUCH-UP PAINT (QUART) 1 M3-02-12 LETTERING (10" x 144") AERIAL SIGN PANEL 1 MM-02-25 LETTERING (SCOTCHLITE REPLECTIVE) 1 MM-02-40 STRIPE REPL$CTIVE 4" WHITE NN-00-Oo ELECTRICAL PACKAGE REQUIRED 1 NN-00.05 BACKUP ALARM (COMM CHASSIS) 1 NN-00-10 STOP/TAIL LIGHTS WELDON 2010 (RECT) 1 NN-O0-25 DIRECTIONAL LIGHTS WELDON 2010 1 NN-00-40 BACKUP LIGHTS WELDON 2010 (RECT) 1 NN-03-25 SIREN - ELECT WHELEN WS-295KF 1 NN-03-SO ONE (1) SPKR - CPI SH2015 100 WATT IN BUMPER 1 EN-O4-00 EMERGENCX LIGHTS (HEADER) 1 NN-06-10 WHELEN PACKAGES 1 NN-06-30 WHELEN HALOGEN/ROTATING PULL PUMPER PACKAGE 1 NN-25-06 TWO (2) SCENE LTS. WHELEN 554 REAR OF BODY 1 NN-27-40 HOSB$BD LIGHTS UNITS! 12V 1-SPOT 1-FLOOD 1 NN-29-15 PUMP COMPARTMENT LIGHT (EA) 1 NN-29-20 UNDERBODY LIGHTS EACH SIDE 1 NN-29-40 LICENSE PLATE LIGHT WITH MNTG, BRACKET 1 EN-35-OS GENERATOR, 5000 WATT, HONDA PORT W/BLEC START 1 NN-35-12 CHASSIS 12 VOLT CONNECT TO PORTABLE GENERATOR 1 NN-35-10 CIRcDIT PANEL WITH 2 OUTLETS / PORT. GEN. 1 TS-65-00 S 65 FT TELESQURT 1 Ts-65-15 S 4" REAR NON-GATED INLET/OUTLET 1 TS-45-20 COMMUNICATION SYSTEM TWO WAY STANDARD 1 Ts-45-35 12 VOLT UNITY SPOTLTZ TIP OS' BOOM 1 TS-65-45 UNITY 12 VOLT LIGHTS EASE OP BOOM 1 TS-65-65 S 3 110 V. GETS LTS TOP or BOOM 1 TS-65-95 S WIRELESS HANDHELD REMOTE CONTROL 1 TS-99-10 REQ EQUIP FOR TELS-SQURTS/PROV. BY GEN 9AFBTY 1 DU-00-00 ----DEALER SUPPLIED EQUIPMENT---- 1 .Ammommumti" TOTAL P.06 6 Senl by: Aber•nalhy, Roeder', Rober•lson, Bo972-582-0202; 08/14/98 10: 18; jetfax .#834;Page 1/3 ABERNATHY,ROEDER,ROBERTSON,BOYD&JOPLIN A Professional Corporation 101 East Davis Street P.O.Box 1210 McKinney,Texas 75069-1210 972/542-2661 Metro 562-9003 Fax 972/562-0202 FROM: Rebecca Brewer TOTAL PAGES: 3 (Including This Cover Page) TO: Chief Shan A. English TELEFAX NO.: (972) 2 8106 FIRM: City of Wylie TELEPHONE O.: RE: 2 in/2 out OSHA Standard ADDITIONAL MESSAGE: NOTICE: The following material is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged,confidential and exempt from disclosure under applicable law. If you are not the intended recipient, , you should not read or otherwise review this material. Any use,dissemination or copying of this material is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return this original message to us at the above address via the U.S.Postal Service. Thank you. TRANSMITTED: Date: 08/07/98 Operator: Angie Ewing Client Account No,: Sent by: Abernathy, Roeder, Robertson, Bo972-882-0202; 08/14/98 10:18; JetF.x #834;Page 2/3 Law Offices of ABERNATHY,ROEDER,ROBERTSON,BOYD&JOPLIN J.E.Abernathy A Professional Corporation Allen R.Grittier Richard M.Abernathy' 101 East Davis Street G.Randal Hulleu tarry R aoyd P.O.Box 1210 Joe M.Joplin° Rebecca H.Brewer McKinney,Texas 73069-1210 Rick Robertson* J.Timothy Brishtnnan 972/542-2661,Metro 072/562-9003 Robert H.Roeder' Brent L.Brown FAX 977/562-0202 Charles J.Crawford 'Board Ccdi5ed-Civil Trial Law *Board led-Family Law Taw Board of Lean!Specialization Texas Bocardard of Legal Specialization 'Qualified Mediator August 7, 1998 Chief Shan A. English VIA FACSIMILE(972)442-8106 City of Wylie 2000 Hwy, 78N Wylie,Texas 75098 RE: 2 in/2 out OSHA standard Dear Chief English: Pursuant to your request,this letter is a supplement to the"2 in/2 out"letter I faxed to you yesterday,August 6, 1998. You have requested that we provide you with a letter regarding the standards set forth by the National Fire Protection Association("NFPA")as they relate to the Wylie Fire Department (the"Department"). It is my understanding that the NFPA promulgates national industry standards one of which includes a"2 in/2 out"standard much like that adopted by OSHA, It is my further understanding that the Texas Commission on Fire Protection Standard("TCFPS"), which regulates the Department,recommends,but does not require,Texas fire departments to adopt the NFPA standards for local use. You advised that the Department has not adopted the NFPA standards,but it does use the standards as its guidelines. It is also my understanding that the NFPA standards are the only national standards relating to fire protection and that the Department,along with most all other fire departments,consider the NFPA standards to be the recognized industry standards. You have requested that we provide you with an opinion regarding the applicability of the parallel"2 in/2 out"NFPA standard to the Department. More specifically,if an accident occurred where the"2 in/2 out"standard was not followed and/or utilized by the Department,could the NFPA standard be considered by a judge or jury in a subsequent lawsuit to establish negligence on the part of the Department? I am relying on these facts to render my opinion to the issue posed. If additional or different facts are presented,my opinion may change. As you advised,the NFPA promulgates a"2 in/2 out"standard much like the standard adopted by OSHA. Although the TCFPS does not require the Department to adopt the NFPA standards,you have stated that the TCFPS highly recommends the same. In addition,it appears Sent by: Abernathy, Roeder, Robertson, Bo972-562-0202; 08/14/98 10:17; JetFax #834;Page 3/3 Chief Shan A.English August 7, 1998 Page 2 that the Department considers the NFPA standards to be the industry standards and/or practices. Therefore,it is more likely that the NFPA standard would be considered in a lawsuit than the OSHA standard as set forth in my first letter. This is due to the fact that the TCPPS recommends fire departments to follow the NEPA standards,and the NFPA standards are nationally recognized as establishing the industry standards. Notwithstanding the fact that the Department does not fit within the OSHA definition of an employer,it does appear that a judge would be more inclined to admit the failure to comply with NFPA standards as some evidence of negligence since it is the only national standard and the TCFPS highly recommends compliance with the same. In conclusion,and based on the foregoing facts,because the NFPA has a similar"2 in/2 out"standard to that of OSHA,the Department is at a greater risk of having the standard being used against it in a lawsuit as some evidence of negligence. If you have any questions or comments,please feel free to contact me. Very truly yours, 4/41,01A..., Rebecca rewer RHB/ae l:ltmbox4\wylie\2n2osup.ltr WYLIE FIRE DEPARTMENT MASTER PLAN 1999 THROUGH 2O04 PERSONNEL EQUIPMENT/STATION SERVICE 1999/2000 -.5 SECRETARY QUINT FOR STATION 2 PART-TIME -PEEK STAFFING (REPLACE BOOSTER PERSONNELTO FOR STATION #2 #2) COMPLETE PEAK STAFFING AT STATION #2 2000/2001 - 3 -PERSONNEL 200112002 -ADMIN. CAPTAIN 50% OF THE FULL 3 LIEUTENANTS TIME STAFFING 3 FIREFIGHTERS FOR STATION #2 (STAFFING FOR FIRE STATION #2) 2 INSPECTORS 75% OF THE FULL 2002/2003 3 FIREFIGHTERS TIME STAFFING FOR STATION #2 3 FIREFIGHTERS 100% OF THE FULL TIME 2003/2004 STAFFING FOR STATION #2 THE CENTRAL FIRE STATION WOULD BE CONSTRUCTED AND STAFFED WHEN THE DEVELOPMENT, GROWTH, AND CALL LOAD REQUIRE IT. TENTATIVELY, IT WILL BE LOCATED IN AREA OF CITY HALL AND WILL HOUSE FIRE ADMINISTRATION, FIRE PREVENTION, AND A THIRD STATION. a A CONCEPT, NOT A TRUCK By Shan English, Fire Chief, Wylie Fire.Department IE Below: Wylie Fire ?'-' -'--`�� , .• I FIRE I Department's "Quint oday there are double company concepts, • `^ •r+r., 3-" _ 1."Built by Emergency task force concepts. single engine company �- - �_ , - • I, this Quint features: concepts, quick attack concepts and total ,-/ `�-- F180 Freightliner char quint concepts (which the St. Louis Fire Depart- . ,- F! �. � sis, Cummins Diesel, ment uses. which is actually a double company = . ,,,,,,_f : Allison Automatic, 65' concept utilizing quints). There are probably a j t--+ _ladder(with remote dozen other concepts that you could think of off -""'i ! . control). Hale 1500 the top of your head. There are tandem axle L .ii t fj �� 1 G.P.M. Pump, coin- quints. single axle quints. quints just about any jil - . pressed air foam sys- length you would care to climb. quints used as tem, Holmatro rescue truck companies. paramedic quints. rescue quints, Above:Right side view of compartments and tools, air bags, 5000 haz-mat quints. quints with every ground ladder equipment. Below:Left side view of compartments watt generator(1500 ever made.and then there's-The New Quint." and equipment. PHOTOS BY SHAN ENGUSH. watt lights),ppv fan, 5 There have been opinions on steel versus alu- SCBA, 5 preconnects minum ladders, ground ladders versus compart- (including a front ments. midship versus rear mount. and 75' versus pY1IE DEFT , s jumpline), 1000'-5" 110'. It really doesn't matter that most firefighters �- - 3 ='- _ ` -` �--+ 4. hose, 500'-3"and a wye can't agree on what it should consist of or that 1+� x_ line, twin removable y- =" .�z� most newer quints don't meet the true definition / , J L - i - 1, deck guns, hydraulic • rl, .,' -a.. • ; -.�, : of a"Quint"The"New Quint"is a concept based .+-..tap, . t� L ladder rack, E.M.S. on versatility, staffing levels, and funding. It's an ,t, —_ ,. First Responder equip- �r . 1 .I, . 3 I. "all in one" strategy, indicating that everything p • •} ; � , t j menu(A.L.S.)and vents- , you need is right there. If you need an engine '=- 1'_' " ' �` r lation tools mounted at the tip of the ladder. : PHOTO BY SHAN ENGUSH ' < ,_.„.-, --1.,3,,ci.,,,,.- , ..t..„4-, „disa.... ---•"F—', „, , „„„,,,, - - , _ , , ____,,,.„, :"" ..,..L,L__--7— :, -17.....; f.„..0,,vv--.1,:;.:,./ :` ..• ,..s .. mr. 3zokA, ._.....� ..- s fix,' $- :rr,. �'a 3 >r. - r-,• 1; r �.. ! i 1-- 3z 'yam T 4 , company, it's the next unit in, if you based. It replaces a double company nel. This is the rule, not the exception, need a truck company, it's the next unit concept (an engine at every station and for most departments due to funding.A in.Many believe that you can't do both: one truck company for every three sta- department with 15 fire stations, 10 sin- "engine and truck work are two special- tions distributed evenly throughout the gle companies with three personnel and ized fields that cannot be bridged." city) with one Quint at every station five double companies with eight per- Many others believe that we do it every- equipped and trained to perform both sonnel requires a total of 70 personnel day when we rotate crews and/or per- functions. Stations would be doubled up (not including fill ins). A True Quint sonnel from the engine to the truck. with another Quint only if the call load Concept with four on every apparatus demands it. requires 60 personnel. Extra positions THE TRUE In many cases,this concept increases could be used for cost savings or to dou- QUINT CONCEPT company staffing levels for those ble up the busier stations. Regardless, a The True Quint Concept (not to be departments that are not fortunate True Quint Concept confused with the St. Louis total quint enough to staff both engine companies is lean and mean. concept) is performance and budget and truck companies with four person- Many departments The traditional have already gone to concept of separately it, and many more are in the process. staffing engine and Quints staffed truck companies is l:4"...\ with four personnel MO T O R O L A also meet the intent highly effective, but in the 2-in/2-out officer er rul- and also veryexpensive. I Radio Network Solutions ing. The officer and p engineer outside believe quints, thrsi y' packed out ready to go(a lot of old hands their versatility, offer Experience is the Difference just fell over grasp- a viable alternative. ing their chest when they read that) and two personnel inside fighting fire. Our :if. t department, and many others, has been ^�,,, -+, ' 3• i doing it for years. It's safe,effective and !` is only until enough personnel arrive to 0.3 w actually staff the line. - Quints are multifunctional and they w carry a full complement of personnel, r 3 equipment(needed for engine and truck �..: ► _ work), rescue tools and E.M.S. equip- ,.,. ' \` r ment. The basic premise is to develop a system that is flexible and adaptable to those situations that would require an f engine or a truck. ,. I Therefore, all personnel must be ,� , _ ._- trained in engine and truck company operations. Standard operating proce- dures must be developed with this flexi- bility in mind. Fortunately,most S.O.P.s Motorola is proud to salute already address basic fireground opera- the Texas Fire Chiefs Association tions,and the incorporation of the Quint operations may be as simple as remov- ing assignments made by apparatus 1801 Royal Lane, Ste. 800 type. Dallas, TX 75229 THE CONCEPT GROWING IN OUR OWN BACKYARDS The St. Louis Fire Department still attracts a lot of attention for moving to 26 TEXAS FIRE CHIEFS Fall/Winter 1998 Quints because it's one of the larger they offer the advantage of reducing the advantages of the new Quint Concept. cities to do so. But, you don't have to total number of staffed fire companies. Quints may not be the answer for look far to find some of the larger This saves big dollars while maintaining every department, but they are worth departments making the move here in an equitable or better service level. The consideration as we continually strive to Texas. In fact, many of our area depart- number of fire companies could be offer better service at a more affordable ments have been doing it for years. reduced because truck companies can cost. The Ft. Worth Fire Department has be reduced or eliminated,based on local Some other cities making the shift to been making the consolidation for some community needs. For most communi- or are utilizing Quints in the North Cen- time. Deputy Chief Hugo Sparza states ties the need for truck companies can be tral Texas Area are Addison, Allen, that the quint concept can increase the eliminated. Arlington, Bedford, Burleson, Car- effectiveness of the fire department Other advantages in addition to cost rolton,The Colony, Coppell,D/FW Air- operations if properly staffed and sup- savings can also be realized. Standard- port, Euless, Hurst, Lewisville, ported. On the fire ground, a quint can ization. effective utilization of person- Richland Hills and Wylie, to name a provide an officer and his crew several nel, and increased productivity are also few. more options in terms of firefighting capabilities because of its multi-role function. The quint can be positioned in front of a building and used in the same fash ion as an engine company providing fi SSre this position, the aerials attack. From device can be used to quickly knock or A ' hold a fire by flowing water through a window or door until lines can be SPECIALIZING IN 12 VOLT CHARGING SYSTEMS extended to the fire area. The aerial can also be positioned and utilized in the WHEN LIVES ARE ON THE LINE... same manner as a truck company;either for gaining access to the roof or upper r t .4 • 6 Don't wait for a DEATH to occur to replace the most portions of the building. rescue opera- j, .:: important component on your ambulance or fire tions, or in anticipation of a defensive i ` truck...the ALTERNATOR. i1 if tM'L stance. e yu He goes on to say there are three '= Until now, there has not been an alternator that could issues in the use of quint companies: I lei keep up with the high amp demand of EMS vehicles • Staffing or police cars. • Standard operating procedures tilit1 • Effective utilization to prevent wear Has changing alternators and batteries become your and tear way of life?It doesn't have to be. The Richardson Fire Department is ' .4 . proposing to make the move to Quints. ) ,`S , MPI-VITAL Alternators have been "at the scene" for Chief Bill Shanklin told us that quints p, three years now with 205 to 270 amp alternators for offer a tremendous opportunity for fire ambulances, and 270 and 300 amp alternators for departments to reduce overall suppres- fire trucks. These direct replacement alternators feature: sion costs and reallocate those savings ''' • precision balanced rotors • hand wound stators into other department services. • patented heat sinks • external regulators The traditional concept of separately • 24 diodes • over 14 volts at idle staffing engine and truck companies is highly effective, but also very expen Don't buy an inferior product. VITAL alternators can sive. I believe quints, through their ver- handle the load with all of the equipment on. satility,offer a viable alternative. ^`� -�*ice; Fire departments today are much Remember, low battery voltage can cause starter fail- more diverse in the number and kinds of r ure, transmission failure, early failure of electrical service delivery programs offered to our components and LOSS OF LIVES. customers. With this changing role, we are often confronted with financial chal- A high amp alternator is VITAL! lenges. Simply put, traditional fire sup- V pression programs are so expensive that M P I - VITAL inadequate dollars are available for other important programs and services. 803 Gemini.Duncanville,TX 75137•(800)886-8224•(972)780-0072•FAX(972)780-0160 Quints are expensive apparatus, but web site:http://www.mpi-vital.com TEXAS FIRE CHIEFS Fall/Winter 1998 27 Advanced Design, Performance and Quality... CONS The concept reduces the number of E-One. companies on the street. This mostly effects the larger multiple alarm fires Emergency One combines which increases the need for mutual aid advanced design with , coverage. Generally speaking, our quality workmanship to create a totally integrated ,,, L = largest fires are few and far between. Rescue/Pumper that is »- unmatched in the fire rescues �-= Less companies could also increase the industry. The integrated number of move ups from one district to vehicle philosophy of E-One w: !' another for coverage. Another consider- ensures outstanding design t: ,.k performance and quality. ' ation is vehicle weight. Make sure your t- - 1 ° t apparatus committee is aware of added Emergency One builds + weight of the additionalequipment. a totally integrated system mis from the ground up. By :, integrating each component r' _� THE MORE THINGS of the truck, E-One creates a , - single operating system that l CHANGE, THE MORE works as a unit rather than ' 1 THEY STAY THE SAME many independent elements, I , attaining outstanding vehicle `' 8', . , 1 - Some of us who have four personnel performance that lasts. E + '' on all apparatus will read this and say s� I A s a company that was I p `� " t that we get what we can justify,that it's built on innovation, E-One ,, N:• $ I1 up to each department to make the argu- defined the meaning of '� t " custom. The unmatched I� „.. "r. ment and sell it to the community. This advanced design capabilities t"�- r' ' may be true for some cities but for the of E-One provide unlimited3 !, $�# , options and optimal I j , t ^` most part statements like that come compartmentation to meet t_ .; each Fire Department's unique / * w from the wealthier cities. Most of these operating requirements- �`• g .4, l � p y .:� �. de artments are ahead running four. _S K personnel on their engines and trucks. E-One's integrated custom ' a ` f Although most of us would like the Rescue/Pumper provides a=, e-r; , , i a unlimited versatility and - ' ;t ,', - staffing levels, it's not realistic depend- performance. .,• is. is: ti ing on the funding levels and political . r €n atmosphere. �r7r- - �» The fact is that Quints may not be —2—� , `''` 1--4 for everyone. Furthermore, we are the ' 9 •' West Texas and Panhandle Areas North,Central Gulf Coast and South Texas Areas: experts on our own cities and towns. EMERGEN,,V�VEHICLES Each department will have to evaluate 0 0 ...,- what is right for them and what they can ._,C1:71::°,__,.. DACO Fire&Safety Emergency Vehicles of Texas afford. The next time you're at an inci- s,,=aryofFederalspalC.:porat�o Lubbock, Texas _ North Richland Hills, Texas dent and you wish you had another 1-800-727-0808 1-888-347-3868 www.e-one.com Contact.Steve Davis engine but all you have is a truck, ask C�)EMERGE',CY ONE°INC.,OCALA,FLORIDA U.S.A. COnlaCt:Ed BBBnE yourself"what are my options?" 0 HYDRAULIC DRIVEN A/C GENERATORS Your children are your future! ' Surrey Fire Safety House A .. '' - "All units handicap accessible" ltY Saet `s:+r f ssoare 6 Styles to Choose From f 77 Od� /Q try • r ® lL •29 foot or 30 foot Standard Lite N2ight a u,i hp �' _ ••33 foot Home Style '-"-' f " ' - 0 I •Single and'--Le,el Available SYSTEMS -m - x,„ fa- �M■ f-800-283-8233 Prices Start at "The Best for Less" t'': si6,495 JACK MONCADA PHONE 281-355-09-t9 Walters Travel Trailers,P.O.Box 388,Napoleon,Ohio 43545 SPRING, TEXAS FAX 281-355-0-'2 i www.FireRescae.OrgiMarket.Surrey.HTML 28 TEXAS FIRE CHIEFS Fall/Winter 1998 REPAIRS MADE TO THE FREIGHTLINER CHASSIS ON QUINT 1 BRAKES DATE TYPE OF REPAIR REPAIRED BY INVOICE 10/28/96 REPLACED BRAKES DALLAS FREIGHTLINER 3/21/97 REPLACED BRAKES DALLAS FREIGHTLINER 5/31/97 REPLACED BRAKES DALLAS FREIGHTLINER 66178 8/06/97 REPLACED BRAKES DALLAS FREIGHTLINER 69182 7/15/98 REPLACED BRAKES DALLAS FREIGHTLINER 83296 9/08/98 REPLACED BRAKES DALLAS FREIGHTLINER 85637 12/31/98 REPLACED BRAKES DALLAS FREIGHTLINER 99029 INTERIOR/EXTERIOR TRIM 12/14/95 REPLACED DASH PANEL DALLAS FREIGHTLINER 5/06/96 REPLACED BUMPER DALLAS FREIGHTLINER 6/24/96 REPAIRED CAB DOORS DALLAS FREIGHTLINER 6/24/96 REPLACED DOOR SEAL DALLAS FREIGHTLINER 7/21/96 REPAIRED CAB DOORS DALLAS FREIGHTLINER 7/21/96 REPLACED DASH KNOB DALLAS FREIGHTLINER 8/29/96 REPLACED DASH PANELS DALLAS FREIGHTLINER 6/05/97 REPAIRED LOOSE FENDER DALLAS FREIGHTLINER 11/04/97 REPLACED BUMPER DALLAS FREIGHTLINER 2/09/99 REPLACED SEATBELT C-SHIFT 2/21/99 REPLACED SEATBELT C-SHIFT 2/18/99 REPAIRED DOOR HANDLE C-SHIFT 4/07/99 REPLACED DOOR HANDLE C-SHIFT A/C HEATING 6/24/96 REPLACED A/C COMP. DALLAS FREIGHTLINER 6/27/97 REPAIRED A/C DALLAS FREIGHTLINER 8/04/97 REPLACED HEAT FAN DALLAS FREIGHTLINER 8/06/97 REPAIRED A/C DALLAS FREIGHTLINER 7/15/98 REPLACED A/C COMP. DALLAS FREIGHTLINER 9/30/98 REPAIRED A/C DALLAS FREIGHTLINER 9/30/98 REPAIRED DEFROST DALLAS FREIGHTLINER 3/05/99 REPAIRED A/C LT. BROWN CHARGING SYSTEM/BATTERIES 8/29/96 REPAIR CHARGING SYS. DALLAS FREIGHTLINER 8/29/96 REPLACED BATTERIES DALLAS FREIGHTLINER 9/30/99 REPAIR CHARGING SYS. DALLAS FREIGHTLINER 9/30/99 REPLACED BATTERIES DALLAS FREIGHTLINER DRIVETRAIN 10/28/96 REPLACED POWER ST. HOSE DALLAS FREIGHTLINER 06/11/97 REPLACED TRANS HOSE DALLAS FREIGHTLINER 06/27/97 REPLACED TRANS HOSE DALLAS FREIGHTLINER , 4- 7-99; 11 :24AM;F IRSI" SOUTHWEST GO. ;3365572 # 2, 4 $400,000 CITY OF WYLIE TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS,SERIES 1999 DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I FISCAL TOTAL 5/01/1999 - - - - - 2/15/2000 90,000.00 4.125% 13,016.67 103,016.67 - 8/15/2000 - - 6,393.75 6,393.75 - 9/30/2000 - - - - 109,410.42 2/15/2001 100,000.00 4.125% 6,393.75 106,393.75 - 8/15/2001 - - 4,331.25 4,33125 - 9/30/2001 - - - - 110,725.00 2/15/2002 105,000.00 4.125% 4,33125 109,331.25 - 8/152002 - - 2,165.63 2,165.63 - 9/30/2002 - - - - 111,496.88 2/15/2003 105,000.00 4.125% 2,165.63 107,165.63 - 9/302003 - - - - 107,165.63 Total 400,000.00 - 38,797.93 438,797.93 - YIELD STATISTICS Bond Year Dollars S940.56 Average Life 2.351 Years Average Coupon 4.1250014% Net Interest Cost(NIC) 4.1250014% True Interest Cost(TIC) 4.1164976% Bond Yield for Arbitrage Purposes 4.1164976% AS Inclusive Cost(AIC) 4.1164976% IRS FORM 8038 Net Interest Cost 4.1250014% Weighted Average Maturity 2.351 Years First Southwest Company File=COBS.SF-COBS Public Finance 04/07/99 12:09 TX/RX NO.1773 P.002 ■ 4- 7-99; 11 ,24AM;FIRST SOUTHWEST CO. ;3365572 # 3/ 4 $400,000 CITY OF WYLIE, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS,SERIES 1999 DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I FISCAL TOTAL 5/01/1999 - - - - - 2/15/2000 70,000.00 4.250% 13,411.11 83,411.11 - 8/15/2000 - - 7,012.50 7,012.50 - 9/30/2000 - - - 90,423.61 2/15/2001 75,000.00 4.250% 7,012.50 82,012.50 - 8/15/2001 - - 5,418.75 5,418.75 - 9/30/2001 - - - - 87,43125 2/15/2002 80,000.00 4.250% 5,418.75 85,418.75 - 8/15/2002 - - 3,718.75 3,718.75 - 9/30/2002 - - - - 89,137.50 2/15/2003 85,000.00 4.250% 3,718.75 88,718.75 8/15/2003 - - 1,912.50 1,912.50 - 9/30/2003 - - - - 90,631.25 2/15/2004 90,000.00 4250% 1912.50 91,912.50 - 9/30/2004 - - - - 91,912.50 Total 400,000.00 - 49.536.11 449,536.11 - YIELD STATISTICS Bond Year Dollars S1,165.56 Average Life 2.914 Years Average Coupon 4.2499999% Net Interest Cost(NIC) 4.2499999% True Interest Cost(TIC) 4.2425980% Bond Yield for Arbitrage Purposes 4.2425980% All Inclusive Cost(AIC) 4.2425980% IRS FORM 8038 Net Interest Cost. 4.2499999% Weighted Average Maturity. 2.914 Years First Southwest Company File=COBS.SF-COBS Public Finance 04/07/99 12:09 TX/RX NO.1773 P.003 II 4- 7-913; 11 ,24AM;FIRST SOUTHWEST CO. ;336SS72 # 4/ 4 $400,000 CITY OF WYLIE, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 1999 DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I FISCAL TOTAL 5/01/1999 - - - - - 2/15/2000 45,000.00 4.500% 14,200.00 59,200.00 - 8/15/2000 - - 7,987.50 7,987.50 - 9/30/2000 - - - - 67,187.50 2/15/2001 55,000.00 4.500% 7,987.50 62,987.50 - 8/15/2001 - - 6,750.00 6,750.00 - 9/30/2001 - - - - 69,737.50 2/15/2002 55,000.00 4.500% 6,750.00 61,750.00 - 8/15/2002 - - 5,512.50 5,512.50 - 9/30/2002 - - - - 67,262.50 2/15/2003 55,000.00 4.500% 5,512.50 60,512.50 - 8/15/2003 - - 4,275.00 4,275.00 - 9/30/2003 - - - - 64,787.50 2/15/2004 60,000.00 4.500% 4,275.00 64,275.00 - 8/15/2004 - - 2,925.00 2,925.00 - 9/30/2004 - - - - 67,200.00 2/15/2005 65,000.00 4.500% 2,925.00 67,925.00 - 8/15/2005 - - 1,462.50 1,462.50 - 9/30/2005 - - - - 69,387.50 2/15/2006 65,000.00 4.500% 1,462.50 66,462.50 - 9/30/2006 - - - - 66,462.50 Total 400,000.00 - 72,025.00 472,025.00 - YIELD STATISTICS Bond Year Dollars $1,600.56 Average Life 4.001 Years Average Coupon 4.5000000% Net Interest Cost(NIC) 4.5000000% True Interest Cost(l'IC) 4.4937573% Bond Yield for Arbitrage Purposes 4.4937573% All Inclusive Cost(AIC) 4.4937573% IRS FORM 8038 Net Interest Cost. 4.5000000% Weighted Average Maturity.. _ _ 4.001 Years First Southwest Company File=CODS.SF-COBS Public Finance 04/07/99 12:09 TX/RX NO.1773 P.004 WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION April 13, 1999 Item No. O. Issue Consider and act upon the award of a contract for the construction of additional concrete flatwork at the Municipal Service Center. Background 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. In addition to the fleet maintenance garage, most of the concrete flatwork was eliminated from the Phase I construction. The concrete flatwork consisted of approximately 25,000 square feet of paved parking to the west of the building to be used for 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 east side of the existing building. The deletion of this concrete flatwork left the Service Center with little or no visitor parking, no bulk materials storage, no parking for heavy equipment or medium duty trucks, very limited parking for light duty City vehicles and a virtually inaccessible warehouse area. Consequently, the City has been forced to use the old Service Center site on FM 544 for the storage of bulk materials, heavy equipment, medium and light duty trucks and for the warehousing of maintenance materials for streets and utility operations. As a result of the recent acquisition of the old Service Center property by Kansas City Southern Railway, the City must move quickly to address the need for paved access, parking and storage at the new Service Center site, as well as exploring short-term and long-term options for fleet maintenance and the animal shelter. 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 the construction of concrete partitions for bulk material storage. A bid tabulation is provided as an attachment. 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. Item for Individual Consideration Award of Contract-Service Center Additional Concrete Page 1 Financial Considerations The current balance in the Service Center Capital Project Fund is approximately $112,000. A budget amendment will be presented to allow the transfer of the additional $6,314 needed to complete the project from the General Fund. Other Considerations The solicitation of competitive sealed bids was conducted in accordance with Chapter 252.021 of the Texas Local Government Code. Board/Commission Recommendation N/A. Staff Recommendation Staff recommends that Council award 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$118,314.00. ATTACHMENTS Bid Tabulation. Iej1/44 Prepared by Revie by Finance City Manager Approval Item for Individual Consideration Award of Contract-Service Center Additional Concrete Page 2 ' : .. . .. ! i `h. BID SUMMARY SHEET tliri-• • .. ..> ..... for - . - •AA.. Wylie Municipal Service Center Sitew•ork—Phase 2 ` : ' City of Wylie,Texas March 31, 1999 . : ini® 1 2:00 p.m.. ::.::.... . :...:::.;:::«.>:t .. ➢3t.>.......::::::.::.:::::.�::::::::»,,..>:,..�•t».:•._.:.:.�::�:::::S_s:r::.r�:�#'»�.....:...:..:::::t..x:......»::::::::::::::::.�::rri._..c�r..+. . :-: ::•.:.>;:•> >.:^�x- r:. ...•. ::;:.;:.. .a3..i:-�..:,.�..3...:::::::. : : ::::.�.�::: ::.......»...,.....»...•:: :: ..»»....».......» .::::::::::::..».,..»».....•::::::•: .�.�...,»..»»..»: .�. � :•.3 cMls.�>='`3,:�.3�z>7 Mt.:£. ..Y....... Gibbs Construction — E/ d $ /3Q DOO .Q.00..�T— — ov Flag Concrete ❑ ❑ JRJ Paving .••CD•.Pu--- Y Pugsley -•a A 1 1- E/ +;> Er Er Ev $ / 3 BCI Utility Const. ❑ — ❑ E. $ i •��McMahon.. tl ••.rr.•.• •-. Mo ow / 6/7/(40 4tr- 0/ Er e le s //e, 3P7 °° i3 .••VJ••Strand• tt .>:st.•-�� -ram r 52 C — — C'� /4/5-.,082 Jeske P A 3g...6..72..'-'? .., L.,. ©" ✓ E, / 1 SO2 o o$ JDC ❑ ❑ XIT Tri-Con ❑ ❑ ❑ Al ed Buildersj f 5-5-8 4ci- i 0 11 Ei s /53, (40 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ oo Dui THE HOGAN CORPORATION Engineers•Planners•Consultants 1S)J3 Preston Road.#455 Dallas.Texas 75252