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03-22-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA MARCH 22, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 f BALL T+ RDER" INVOCATION &:P EDG 'O <: .::. ,..>. . .; • Pledge of Allegiance will be led by Boy Scout Troop #442 • Student Government Day—March 23, 2005 CITIZEN P.ARTIC P.A' I N .. .: .. . All..:ura��rs.hs�.�d>�ta�z::tb�;Goz�.........:Ag :::::::::: : ..............: :.:. ::::::: ...........:..:.::::. .:.::.::::::::::;::.;::.. ...:: :::::::::::::::.:::...... ::. ;::tee >:I ::d: assign ass:::desired :; t::atem: l: :E < owed rom t e: .................�t::: :.:.........................:: :. :.............. :::.::::. A. Approval of the Minutes from the regular City Council Meeting of March 3, 2005 and March 8,2005. (C. Ehrlich, City Secretary) B. Consider and act upon a Water CNN Transfer Agreement between Wylie Northeast Water Supply Corporation and City of Wylie, Texas. (M.Roath, City Manager) C. Consider and act upon an Interlocal Agreement to place antennas on water towers by and between the City of Wylie, Texas and East Fork Special Utility District. (M. Roath, City Manager/S. Seddig, Fire Marshal) D. Consider and act upon approval of a Consent to Sublease Agreement between Bozeman Farm Development, East Fork Special Utility District and the City of Wylie, Texas. (M. Roath, City Manager/S. Seddig, Fire Marshal) E. Consider and act upon approval of an agreement between Collin County Community College District and the City of Wylie to hold a one day training session for City employees on April 8, 2005. (C. Ehrlich, City Secretary) F. Consider and act upon approval of an agreement between the City of Wylie and the Dallas Morning News for a 12 month period for the purpose of advertising. (C. Ehrlich, City Secretary) G. Consider and act upon awarding of bid to A New Deal Irrigation for the installation of irrigation systems in Sage Creek North Park and Cimarron Estates Park in the amount of $51,200.00. (J. Holcomb,Purchasing/R. Diaz,Asst. Superintendent,Parks) H. Consideration and act upon approval of a request from Jason Ridings to use the Bart Peddicord Community Center for a "Battle of the Bands" concert on April 1, 2005. (R. Diaz, Asst Superintendent,Parks) TNDI WUA,L CON IDERATJ N .... ` ..... PUBLIC HEARING 1. Hold a Public Hearing and consider and act upon a change of zoning from Agriculture(A)to Planned Development (PD) for Single Family Residential (SF). (Zoning Case No. 2005-04-Rice Tract/Skorburg). (C. Thompson,Planning and Zoning Director) Executive Summary The property totals 185.1449 acres, west of FM 544/South Stone Road and north of Vinson Road. The property was annexed into Wylie on September 28, 2005. Notification/Responses—No responses from five(5)notifications mailed. Comprehensive Plan— • Recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential (1 ac lots). Requested residential density does not comply with the Comprehensive Plan. • Eliminates 0.4 ac NS (zoned such since 1985), complying with proposed revisions to Comp Plan. The Planning and Zoning Commission voted 6-1 to recommend approval of the requested rezoning, with the stipulation that the minimum house size be increased to 2,400 square feet. Approval requires a simple majority. PUBLIC HEARING 2. Hold a Public Hearing and consider and act upon an Ordinance adopting Standards of Care for Youth Programs. (R Diaz,Asst. Superintendent,Parks) Executive Summary Since the inception of the summer youth programs in 2000,the Standards of Care have been reviewed yearly and adopted as an ordinance. The ordinance and Standards of Care provides the necessary guidelines for the regulation of the summer youth program,the Wylie Wave, as legislated by the Texas Senate Bill 212, Section 42.041 (b)(14). 3. Consider and act upon an Ordinance repealing Ordinance Nos. 77-5 and 95-8; regulating and defining itinerant merchants, itinerant vendors, solicitors, handbill distributors and persons selling or taking orders for goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines; providing for a permit or certificate of registration and applicable fees. (J.Butters, Chief of Police) Executive Summary The proposed Handbill/Solicitation Ordinance addresses several issues that the current "Peddlers and Solicitors" and "Handbills" ordinances do not adequately address. These Ordinances were also combined because of the relationship between the two. 4. Consider and act upon an Ordinance establishing a Citizens Bond Advisory Committee; providing for the scope and authority of the Committee; providing for the appointment of its members; and providing for an effective date. (M.Roath, City Manager) Executive Summary City Council has directed staff to prepare and submit an ordinance establishing a Citizens Bond Advisory Committee (CBAC)and outlining the responsibilities of the Committee. The CBAC will develop a Bond Program and submit it along with its recommendations to the City Council by no later than June 21,2005. 5. Consider and act upon an agreement between the City of Wylie and Abernathy, Roeder, Boyd and Joplin,P.C. , for legal services. (M. Roath, City Manager) Executive Summary At a meeting on September 27, 1994, the Firm made its presentation to the Wylie City Council, and subsequently the City Council voted to retain the Firm to serve as its City Attorney. The City approved a Retainer Agreement with the Firm on October 25, 1994. With our increasing use of legal services, the City initiated negotiations to develop an Agreement for Legal Services with the Firm, which addresses the position, term, services to be performed, compensation, billing, termination, independent contractor status,and City property. 6. Consider and act upon award of a contract for the construction of Alanis Drive from SH 78 to Ballard Avenue to Site Concrete in the amount of$3,863,384.66. (C. Hoisted, City Engineer) Executive Summary The City of Wylie 1999 Bond program included$3,700,000.00 for the reconstruction of Alanis Drive from SH 78 to South Ballard Avenue in accordance with the City's Thoroughfare Plan. Right of way for the project has been acquired or right of entry has been obtained for all parcels. The construction includes expansion of the roadway to 3-lanes of concrete, a bridge over Muddy Creek, a 12-inch water line, and a signal at the new intersection of Alanis and SH 78. To date approximately$817,000 has been spent on the project for design and right-of-way acquisition. Funding for the project will be from the 1999 bond funds and water impact fee funds will be used for the installation of the 12-inch water line. 7. Consider and act upon the naming of Cimarron Park to Eureka Park and Sage Creek North Park to Riverway Park. (R. Diaz,Asst Superintendent,Parks) Executive Summary Staff has been working with the Parks and Recreation Board since the end of 2004 on a list of potential names for Cimarron Park and Sage Creek North Park. From directives given by the Parks and Recreation Board, staff pursued working with the staff from the elementary schools in the vicinity of the parks to get input from the children on the name they would like for the parks. Prior to the February 28, 2005 Parks and Recreation Board meeting, the students of Akin Elementary (Mighty Diggers Club) submitted Eureka Park and the students from Groves Elementary (2°d, 3rd, 4th grades) submitted Riverway Park. 8. Consider and act upon appointment of a new member of the Planning and Zoning Commission to replace Chris Seely for the unexpired term of July 2004 to July 2006. (C. Thompson, Planning and Zoning Director) Executive Summary Chris Seely was reappointed to the Planning and Zoning Commission for a two (2) year term expiring July 2006. Mr. Seely, who has served on the Commission since 2003,has recently accepted a position with an engineering firm. In order to avoid any potential conflict of interest,Mr. Seely has expressed his desire to resign immediately from the Commission. XEC TIVI SESSION Recess into Closed Session in compliance with Section 551.001, eLseq.,Texas Government Code,to wit: Section 551.071-Consultation with Attorney regarding a matter in which the duty of the City Attorney of the Texas Disciplinary Rules of Civil Conduct conflicts with the Open Meetings Act. • Nielson V City of Wylie Section 551.072. To deliberate the purchase, exchange, lease or value of real property generally located at or in the vicinity of: • Alanis Drive Section 551.072. To deliberate the purchase, exchange, lease or value of real property generally located at or in the vicinity of: • Ballard Avenue Section 551.072. To deliberate the purchase, exchange, lease or value of real property generally located at or in the vicinity of: • Brown and W.A. Allen RECO ENE NTO O "EN:SE O t: Take any action as a result of Executive Session In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 18th day of March,2005 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is al sted to he City of Wylie,Website at www.ci.wylie.tx.us ar le Ehrlich,City cretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. CITY OF WYLIE Item No. 5 Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: March 10, 2005 Budgeted Amount: $102,000.00 Exhibits: Two w/Exhibit"A" AGENDA SUBJECT: Consider and act upon an agreement between the City of Wylie, Texas and Abernathy, Roeder, Boyd and Joplin, P.C., for legal services. RECOMMENDED ACTION: Approve. SUMMARY: In 1994, the City sought and the law firm of Abernathy, Roeder, Boyd and Joplin, P.C. responded to a request for legal services. At a meeting on September 27, 1994, the Firm made its presentation to the Wylie City Council, and subsequently the City Council voted to retain the Firm to serve as its City Attorney. The City approved a Retainer Agreement with the Firm on October 25, 1994 (See Letter dated October 11, 2004). With our increasing use of legal services, the City initiated negotiations to develop an Agreement for Legal Services with the Firm, which addresses the position, term, services to be performed, compensation, billing, termination, independent contractor status, and City property (See Agreement for Legal Services including Exhibit "A"). This proposed Agreement distinguishes between routine legal services and litigation services. This proposed Agreement sets forth the status of the Firm, and the attorney assigned as City Attorney, which is as an independent contractor. This proposed Agreement clarifies what is considered City property, which heretofore has not been addressed. In addition, this proposed Agreement sets forth quarterly reporting by the City Attorney to the City Council as well as sets forth certain benchmark service standards for the City Attorney, such as telephone calls shall be returned within 24 hours, telephone inquiries shall be answered within 3 business days, and written documents shall be produced within 7 business days, or within a mutually agreed upon time, etc. This proposed Agreement, if adopted, would set forth the entire understanding between the City and the Firm relating to the employment of the Firm by the City. APPROVED BY: Initial Date Department Director: \ City Manager: MBR \ 3/18/05 NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA April 12, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 • CALL T 3 O DE N VOCATION 4 PLEDGE OF ALL EOIAN C E •P OcI A ATIONS €AND PRESENT,A.TIONS CIT N PART1 IPA'TI(IN CONSENT AA.GE nA t �€s listed der tl Cvrisen Agenda are eo deretl to be routine by the City Couiictl and wiN le e tacted ley a t€ 'T w�1 riot sedate discussion o£these items. If discussion'is desiared, that:ite n will lie remove from:the ;Coi ttt;t ench and ll onsider d separately A. Approval of the Minutes from the regular City Council Meeting of March 22, 2005 and Special Called Meeting of March 29, 2005. (C. Ehrlich, City Secretary) B. Consider and Place on File Comcast 2005 FCC Forms1240 and 1205. (M. Roath, City Manager) C. Consider, Approve and Place on File the 2005 Public Utilities Commission of Texas Adjustment to Municipal Telecommunications Right-of-Way Access Line Rates for Wylie, Texas. (M. Roath, City Manager) D. Consider and act upon approval of an Ordinance amending the Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards and Standard Construction Details. C. Holsted, Engineering) E. Consider and act upon authorizing the Mayor to execute a Letter of Agreement in the amount of $105,900.00 with the Hogan Corporation for engineering services for the Twin Lake Outfall Sewer. (C.Holsted, City Engineer) F. Consider and act upon authorizing the Mayor to execute an amendment to Work Order No. Wyl-32 in the amount of$14,800.00 to add the design of a 16-inch water line to the Ballard Avenue paving project. (C.Holsted, City Engineer) G. Consider and act upon authorizing the Mayor to execute a contract with A New Deal Irrigation, Inc. for irrigation systems in Sage Creek North Park (Riverway Park) and Cimarron Estates Park (Eureka Park). (J. Holcomb,Purchasing/R. Diaz,Asst. Superintendent, Parks) H. Consider and act upon authorizing the Mayor to execute a contract, in an amount not to exceed $3,000.00, with Kleinfelder, a geotechnical firm, for geotechnical engineering services related to the construction of two pedestrian bridges in Riverway Park. (M. Sferra,Public Services Director) I. Consider and act upon a Preliminary Plat for the Cooper Retail Addition. (C. Thompson, Planning and Zoning Director) J. Consider and act upon a Re-plat for Lot 6 of the Regency Business Park Addition, Phase Two. (C. Thompson,Planning and Zoning Director) K. Consider and act upon a Final Plat for the Ambers Cove Addition. (C. Thompson, Planning and Zoning Director) INOMOVAL B S I I A T IE N PUBLIC HEARINGS 1. Hold a Public Hearing and act upon a change of zoning from Agriculture (A) to Single Family Residential (SF-10/19) District. (Zoning Case No. 2005-06) (C. Thompson, Planning and Zoning Director) Executive Summary This property totals 63.76 acres and abuts 8,500 sq. ft. lots of the Cimarron Estates on its west and unincorporated rural acreage development to its north, east and south. The proposal is for 10,000 sq. ft. lots, complying with the standard regulations of the Zoning Ordinance. The request complies with the recommendations of the Comprehensive Plan for Suburban Residential,and P&Z recommends approval. 191 written comments were received favoring the request,and the affirmative vote of a simple majority of the Council is required for approval. 2. Hold a Public Hearing and act upon a change of zoning from Corridor Commercial (CC)to Planned Development (PD) District for commercial uses and to allow coordinated signage. (Zoning Case No.2005-07) (C. Thompson,Planning and Zoning Director) Executive Summary The reconfiguration of the lot pattern and extension of Cooper Drive to SH78 (preliminary plat on the current Consent agenda), creates a 4-lot complex on this property already zoned to allow commercial uses. The PD will provide a coordinated and shared sign program for all lots which is not allowed by the current Sign Regulations. The initial development is the Baylor Health clinic, the visibility of which from SH 78 will be impaired without this sign plan. The request complies with the recommendations of the Comprehensive Plan, and P&Z recommend approval. One written comment was received favoring the request, and the affirmative vote of a simple majority of the Council is required for approval. 3. Hold a Public Hearing and act upon a change of zoning from Single Family Residential (SF-8.5/17) District to Planned Development (PD) District for residential uses. ZC 2005-08 (C. Thompson, Planning and Zoning Director) Executive Summary The proposal is to develop the subject 4.5 acres as a planned community. following neotraditional design concepts. The property is land-locked and surrounded by development, accessible only from Thomas Street. The plan will provide 20 lots of at least 5,100 sq. ft. each,which does not comply with the Comprehensive Plan. Minimum house size is to be 1,400 sq. ft., with 50%of the dwellings being 1,800 sq. ft. or larger. The private street and central open space amenity will be maintained by the HOA. The PD conditions generally comply with the standard regulations of the Zoning Ordinance except for the definition of"masonry". Because written opposition representing owners of more than 20%of the property within the legal notification area has been received, the affirmative vote of 75% of the Council will be required for approval." 4. Consider and act upon approval of a Resolution recommending federal demonstration funds be reallocated to add additional lanes to SH 78. (G Holsted, City Engineer) Executive Summary On March 10, 2005, the City of Wylie, City of Sachse, City of Garland, Collin County and Dallas County met with representatives of the Texas Department of Transportation (TxDOT) to discuss the need to add capacity to SH 78 in the form of two additional lanes. The existing 4-lanes in the City of Wylie have the capacity for the current traffic volumes; however, with the projected development at SH 78 and SH 205 and retail development at SH 78 and SH 190, additional capacity will be needed to accommodate the future volumes. Approximately 3.92 miles are located within the City of Wylie and TxDOT estimates the construction to cost between$1-$1.5 million per mile or$3.92-$5.88 million. 5. Consider and act upon approval of mid-year budget amendments. (Ron. Hutchison, Interim Finance Director) Executive Summary 6. Consider and act upon a Resolution creating the position of Children's Librarian, abolishing the position of Children's Programming Coordinator and providing an effective date. (L. Fagerstrom, Human Resources Manager) Executive Summary The Children's Programming Coordinator resigned effective January 25. 2005. Staff recommends upgrading this position to Children's Librarian. Many of the duties performed by the children's programming clerk are professional duties. This position's duties include planning and implementing Summer Reading Club, scheduling all programming, promoting programs to schools, developing the children's collection, and performing at least two story times a week. A librarian is needed to plan these programs and ensure that patron informational and developmental needs are being met. Upgrading this position to Children's Librarian will allow for expansion of this department. Staff will be added in this department in the future to handle patron demand. 7. Consider and act upon the ratification of the Citizen Bond Advisory Committee members and appointment of Chair and Vice-Chair. (M. Roath, City Manager) Executive Summary On March 22, 2005, the City Council approved the establishment of a Citizens Bond Advisory Committee. The proposed entire Committee member list is attached for ratification by the City Council. In addition, Section 1 of the adopted Ordinance establishing the Committee calls for the City Council to appoint the Chair and Vice-Chair to lead the Citizens Bond Advisory Committee. Therefore, we ask that the City Council select and name two (2) individuals for these respective positions as well. 8. Consider and act upon an agreement between the City of Wylie and Abernathy, Roeder, Boyd and Joplin,P.C. , for legal services. (M.Roath, City Manager) Executive Summary At a meeting on September 27, 1994,the Firm made its presentation to the Wylie City Council, and subsequently the City Council voted to retain the Firm to serve as its City Attorney. The City approved a Retainer Agreement with the Finn on October 25, 1994. With our increasing use of legal services, the City initiated negotiations to develop an Agreement for Legal Services with the Firm, which addresses the position, term, services to be performed, compensation, billing, termination, independent contractor status,and City property. tYA k (JI OI I S I E & CAI'I I :N A• PPROVED BY CO NCIL S RE I3Y WY II . T3 et ARTER,ART:1Ctt III,SEC ION 13_D In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 8th day of April,2005 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us Carole Ehrlich,City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Law Offices of ABERNATHY, ROEDER, ROBERTSON &JOPLIN J.E.Abernathy A Professional Corporation 214/542-2661 Richard M.Abernathy' 101 East Davis Street Dallas 562-9003 Larry R.Boyd P.O. Box 1210 FAX Joe M.Joplin° McKinney, Texas 75069-1210 214/562-0202 Rick Robertson` Robert H. Roeder° D. Kay Woods 'Board Certified-Family Law 'Board Certified-Civil Trial Law Texas Board of Legal Specialization Texas Board of Legal Specialization °Qualified Mediator October 11, 1994 Mr. Steve Norwood City Manager P.O. Box 428 Wylie, Texas 75098 RE: Abernathy, Roeder, Robertson & Joplin, P.C. 's representation of the City of Wylie, Texas Dear Mr. Norwood: This firm appreciates the opportunity to represent the City of Wylie, Texas in its legal matters. This Retainer Agreement sets forth the agreement between Abernathy, Roeder, Robertson & Joplin, a Professional Corporation, and the City of Wylie, Texas in any legal matter it deems appropriate. Our fee is based upon the amount of time we devote to matters referred to us. It is impossible to determine in advance the amount of time necessary to complete any assigned matter. It may be necessary to have other professionals in this office perform services on your behalf other than the specific attorney you have retained. We will use our best judgment to determine the most economical use of our attorneys and staff personnel. Billed time includes all time spent on any matters assigned including conferences, telephone calls, investigation, drafting of documents, correspondence, negotiations, legal research, and travel to and from locations away from our office. We charge for telephone time because many times an attorney can accomplish as much in your behalf by telephone as in a face-to-face meeting with you or others. The use of the telephone saves your personal time and that of your attorney and results in a lower cost to you. Any figures we quote you for the total cost of our services are merely estimates. Others may engage in activities beyond our Mr. Steve Norwood October 11, 1994 Page 2 control requiring us to expend additional time not originally contemplated. You will receive itemized bills which will be sent on a regular periodic basis based upon hourly rates presently ranging as follows: 1. Richard M. Abernathy, attorney $150. 00 2 . Robert H. Roeder, attorney $150. 00 3 . Larry R. Boyd, attorney $150. 00 4. Joe M. Joplin, attorney $150. 00 5. Kay Woods, attorney $110. 00 6. Heidi Ernsberger, legal assistant $ 50.00 7. Sharon Starnes, legal assistant $ 50. 00 8. Linda Williams, legal assistant $ 50. 00 9. Wendy Hill, legal assistant $ 50. 00 Time is billed in units of one-tenth hour each. From time to time our firm is required to adjust its hourly rates to more accurately reflect changing economic circumstances. If this occurs, you will be notified. In addition, you will be responsible for all costs which we may incur on your behalf. These costs include, but are not limited to, copy and telephone expenses. The periodic bill which we will mail, usually monthly, itemizes the time and costs charged to your account for that period. If you have any questions regarding the statement, you should feel free to contact Mrs. Becky Wood or Mr. Charley Wysong in our billing department. All balances on your account are due upon receipt. If you do not timely pay your account we have the right, at our discretion, to withdraw from representing the City. We also have the right, at our discretion, to withdraw from representation if you have misrepresented or failed to disclose material facts to us, if you fail to follow our advice or if for any reason our relationship becomes unworkable. Likewise, you may discharge us at any time for any reason. You will be responsible for any fee and cost incurred prior to our withdrawal or discharge, including time and costs expended to turn over the file(s) and other information to you or substitute counsel. We may require you at our discretion to pay an additional retainer(s) or provide other security for our fee. This Agreement contains all of the terms of our financial arrangement with you and can only be modified by a written document signed by all parties except for any hourly rate adjustment as set out above. Mr. Steve Norwood October 10, 1994 Page 3 V�YSIGNED this day of 1994 . THE CITY OF WYLIE, TEXAS ABERNATHY, ROEDER, ROBER ON & JO LIN, P.C. By: Its. RI HARD M. ABERNATHY, for the Corporation AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES, hereinafter referred to as the "Agreement," is made and entered into this 22nd day of March, 2005, by and between the City of Wylie, Texas, hereinafter referred to as the"City" and the firm of Abernathy, Roeder, Boyd and Joplin, P.C., hereinafter referred to as the "City Attorney" or the "Firm." Recitals A. The City is a political subdivision of the State of Texas, and maintains its principal place of operations at the 2000 Highway 78 North, Wylie, Texas, 75098. B. The Firm is a professional service corporation organized and existing under the laws of the State of Texas, and has its principal place of business and office at 1700 Redbud Boulevard, Suite 300, McKinney, Texas, 75070. C. The City sought a qualified and experienced legal counsel to represent the City and its officers and officials in matters relating to the City's official business in 1994. D. The Firm responded to the City request for said legal services. E. At a meeting on September 27, 1994, the Firm made its presentation to the Wylie City Council, and subsequently the City Council voted to retain the Firm to serve as its City Attorney. F. The City approved a Retainer Agreement with the Firm on October 25, 1994. THEREFORE, in consideration of the premises and mutual covenants expressed herein and pursuant to the employment relationship between the parties, and for other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged by the parties, the parties agree as follows: 1. Recitals: The recitals outlined above are true and correct and are incorporated into and made a part of this Agreement. 2. Position. The City hereby employs, engages and hires the Firm to serve as and to perform the duties and responsibilities of City Attorney pursuant to the Charter of the City of Wylie and the general laws of the State of Texas. 3. Term. The term of this Agreement shall commence upon execution of this Agreement, and shall, at the pleasure of the City Council, continue in effect unless terminated by either party by giving ninety (90) days written notice. 4. Services to be Performed. A. General. The Firm shall serve as the City Attorney who shall act as legal advisor to, and Attorney and counselor for, the City and all of its officers in matters relating to their official duties. All of the resources of Abernathy, Roeder, Boyd and Joplin, P.C., law firm will be available to support that role. Specifically, the City Attorney will have the assistance, when necessary, of other members of the firm, secretarial staff, paralegals, law research and word processing equipment. It is expected that the City Attorney will provide such duties required pursuant to the Charter of the City of Wylie and the general laws of the State of Texas. B. Routine Legal Services: The routine legal services to be provided on a recurring basis shall include the following: 1. Preparation for and attendance at all regular, special meetings or work sessions of the City Council when requested by the City Council or City Manager. 3. Preparation for and attendance at any City Committee, Board, or other meeting when requested by the City Council or City Manager. 4. Consultation with the City Council members, City Manager, or City Secretary regarding the Council agenda or other City matters. 5. Consultation with staff of various departments and divisions of the City on matters affecting their operations. 6. Draft or review of all ordinances and resolutions of the City. 7. Draft or review of all contracts, leases, franchises, agreements and documents of a strategic or operational nature involving the City. 8. Review of all claims made against the City to determine potential liability and to advise appropriate officials of the City as to the proper method for the disposition thereof. 9. The rendering of advice concerning the potential claims of the City against other persons or entities. 10. Draft or review of all proposed code amendments. 2 11. Coordinate and oversee research and legal functions even when associated with outside counsel and provide liaison from the City to outside counsel, including approving billing negotiations and fees. 12. Conduct internal workshops as requested. 13. Render personnel advice. 14. The City Attorney shall advise the City Council as to its compliance or noncompliance with the provisions of the Charter of the City of Wylie and Texas Statutes. 15. The City Attorney shall provide quarterly reports due the 15th day of January, April, July and October. Each report shall include the previous three months of activities. C. Litigation Leqal Services. The "Litigation Legal Services" which are to be provided by the Firm to the City include, but are not limited to: a. Serving as counsel for the City in any and all legal actions, including, but not limited to, civil lawsuits, administrative hearings, mediation or arbitration proceedings in which the City is a party or in which it has an interest; b. Serving as counsel for the City in the appeal of any legal action in which the City is a party or in which it has an interest; c. Acting as counsel for the City in any employee grievance proceedings; d. Serving as counsel for the City in any administrative proceedings; e. Investigating and responding to charges filed against the City with the EEOC; f. Investigating complaints of employment discrimination against the City; g. Representing the City in eminent domain proceedings, including negotiations, mediation and arbitration. h. Representing the City in condemnation proceedings. D. Request for Information or Advice. The City Attorney shall answer all City initiated requests for information or advice in a timely fashion. Generally, telephone calls shall be returned within 24 hours, telephone inquiries shall be answered within 3 business days, and written documents shall be produced within 7 business days, or within a mutually agreed upon time frame. The City Attorney shall use his best efforts to review routine items within 5 business days, more difficult and lengthy review shall be accomplished within a mutually agreed upon time frame. 3 5. Compensation. The City shall pay the Firm the following compensation for the various types of legal services provided by the Firm: a. Routine Legal Services at an annual retainer of$102,000.00 to be paid in four equal installments, by March 31, June 30, September 30, and December 31. The amount of the annual retainer set forth in this Agreement may be reviewed and renegotiated, at the City's or City Attorney's discretion, in June of each year this Agreement is in effect; provided, that any change in amount will not take effect until October 1 of said year. b. Litigation Services at the rate of$200.00 per hour for partners, $185.00 per hour for associates, and $75.00 per hour for legal assistants. c. The City acknowledges that the City Attorney may incur various expenses in providing services to the City and agrees to reimburse City Attorney for such out of pocket expenses whether for routine or litigation services. The Firm will bill the City on a monthly basis. Such costs and expenses include, but are not limited to, charges for serving and filing papers, documents, depositions, transcripts, investigations, appraisals, witnesses, long distance telephone calls, copying materials, computer assisted legal research, travel expenses, and postage. Extraordinary items, such as expert witness fees, travel expenses or expenses above Five Hundred Dollars ($500.00)will be authorized by the City before the charge is incurred. Attached as Exhibit "A" are the costs of some of these expenses and fees. 6. Billing. The Firm will submit an itemized statement to the City for each month for Litigation Services and Expenses and payment shall be due upon receipt. The statement for March 1, June 1, September 1 and December 1 shall include one quarter of the annual retainer and shall be due by the end of each month. 7. Controlling Law. This Agreement and the validity, execution, construction, interpretation, performance and enforcement thereof shall be governed by the substantive and procedural laws of the State of Texas. 8. Termination. This Agreement may be terminated by a majority vote of the entire City Council by giving the Firm ninety (90) days written notice; the parties may terminate it by mutual consent; and the Firm may void it by giving the City ninety (90) days written notice. 4 9. Independent Contractor. It is agreed that the City Attorney is an independent contractor, and all persons working for or under the direction of the City Attorney, are agent's, servants and employees of the Firm, and said persons shall not be deemed agents, servants or employees of the City. 10. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. 11. Integration. The Agreement sets forth and establishes the entire understanding between the City and the Firm relating to the employment of the Firm by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by the Agreement. No amendment or modification of this Agreement shall be valid or effective unless it is in writing and properly executed by all parties thereto. 12. Notice. Any notice required or permitted under this Agreement shall be sent by certified mail to (a) the City at its principal place of operations and (b)to the Firm at its principal place of business and office. 13. Annual Evaluation. The City Council shall have the right to conduct an annual evaluation of the performance of the City Attorney. 14. City Property. The Firm agrees that all files, documents, correspondence, notes, reports, data, specifications, drawings and other material prepared by or furnished to the City Attorney in connection with this Agreement hereunder shall be and remain the exclusive property of the City. Said property of the City of Wylie shall be turned over promptly upon request after resolution of all compensation issues. 5 IN WITNESS WHEREOF, the parties executed this Agreement in Collin County,Texas this 22nd day of March, 2005. CITY OF WYLIE, TEXAS John Mondy, Mayor ATTEST: By: Carole Ehrlich, City Secretary ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. Richard Abernathy 6 EXHIBIT "A" TO AGREEMENT FOR LEGAL SERVICES LIST OF COSTS Long Distance Telephone Calls (per call) $ 2.00 Copies (per page) $ 0.25 Faxes (per page sent) $ 2.00 In-House Courier (Dallas and surrounding cities) $35.00 In-House Courier (local) $10.00 Postage Going Rate as Directed by the U.S. Postal Service Courier Mileage (per mile) $ 0.32 7 MINUTES WYLIE CITY COUNCIL SPECIAL CALLED MEETING March 3, 2005 5:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 A L Tt ORDER Mayor Pro Tern Eric Hogue called the meeting to order at 5:00 p.m. Council Members present were: Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom, and Councilman Merrill Young. Mayor John Mondy and Councilman J. C. Worley were absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Holsted; Interim Finance Director, Ron Hutchison; Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich. Councilman Newsom gave the invocation and City Manager Roath led the Pledge of Allegiance. Mayor Pro Tern Hogue recessed into Executive Session at 5:03 p.m. Recess into Closed Session in compliance with Section 551.001, eLseq.,Texas Government Code, to wit: Section 551.072. To deliberate the purchase, exchange, lease or value of real property generally located at: • Third and Oak Streets along S.H. 78 RECONVENE INT OPEN SES ON Mayor Pro Tem Hogue reconvened into open session at 5:15 p.m. Take any action as a result of Executive Session A motion was made by Council Young, seconded by Councilwoman Allen to authorize staff to enter into a contract to purchase property located at 301 Highway 78 North, Wylie Texas in the amount of $131,258.00 and to authorize the City Manager to execute said contract. A vote was taken and passed 5-0 with Mayor Mondy and Councilman Worley absent. Minutes—March 3,2005 Wylie City Council Special Called Meeting Page 1 MINUTES WYLIE CITY COUNCIL March 8, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CAL>l TO+( RDF R Mayor Pro Tern Eric Hogue called the meeting to order at 6:00 p.m. Council Members present were: Councilman Chris Trout, Councilman J. C.Worley, Councilman Earl Newsom, and Councilman Merrill Young. Mayor John Mondy and Councilwoman Reta Allen were absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; Interim Finance Director, Ron Hutchison; Planning & Zoning Director, Claude Thompson; Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich. OcATI O Councilman Newsom gave the invocation and Councilman Young led the Pledge of Allegiance. ` ` tit PARTTI CICI�A £�N Tricia Smith residing at 610 Willow Way, Wylie, Texas (Friends of the Library member) addressed Council stating that she would like to see Council move forward with plans for a new and expanded library on a priority basis. Harvey Wechsler and Dr. Arkow residing at 1331 Primrose Dr.,Wylie, Texas addressed Council stating that they were not in favor of the proposed tax credit apartments that would be located near McCreary and McMillan Drive near Creekside Estates Development. Dr. Arkow stated that she had spoken to the developer and he was the person who sent the flyers. She stated that it was bad for business and for the citizens of Wylie. She requested that staff and council provide direction regarding what avenues the citizens have to impact this issue, once it has been zoned multi-family, to provide alternative ideas for the land, such as senior facilities or assisted living projects. Lou Jarocki residing at 3203 Candlebrook Drive, Wylie Texas addressed Council stating that he was also in opposition to the proposed apartments at McCreary and McMillan. He stated he had many concerns regarding an increase in traffic and home values. Chad Jordan residing at 3105 Charles Ct. Wylie, Texas addressed Council in opposition to the proposed apartments at McCreary and McMillan near Creekside Estates. He stated that he had concerns pertaining to flyers that were left at doors regarding the development published by the developer. He stated that the information was not clear and was not distributed properly. Minutes—March 8,2005 Wylie City Council Special Called Meeting Page 1 Staff Comments Planning and Zoning Director Thompson addressed citizens present to explain the requirements to build the proposed apartments. He stated that this project was a planned development project that was approved in 1999. He explained that there would be 5 acres included in the zoning for commercial. The road will be widened and the developer will pay for some 50 feet of the Park Blvd. widening project. The sewer infrastructure to the east is in place. It is located between two major thoroughfares and will in the future be very close to a retail shopping center and will be within walking distance of a school. Mr. Thompson explained that these are the areas that are taken into consideration in the state application approval process to award tax credits, which is a financial issue not a land issue. The applications were due to the state by the 1st of March and the staff in Austin will be compiling and reviewing the applications and will have public hearings on the applications some time in June/July, 2005. Once the tax credits have been issued from the state, and if in fact the applicant receives tax credits, the applicant must then come to the City for approval of a Preliminary Plat which the P & Z Commission will review for approval and then must be considered by Council for approval. Mr. Thompson explained that the proposed plat must be built and maintained in the future according to the requirements of the City and will always be taxed at the multi-million dollar value of the apartment complex. CO ENT AGEI A All. nattels.:liked::tinder;;the.:Consent;;Agenda<are.consi ed.to be;.rou t ':tt e:City ouncil and xy ll he enacted by one motion: T i will not bo separate discussion of these items Tf dis ssion s;desired.th it rtem ;ill beremov€d.fi tm the::Consent:A. atid It:lie considered:: :: tel Ag . .:. A. Approval of the Minutes from the regular City Council Meeting of February 22, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon a Preliminary Plat for WISD Center Addition. (C. Thompson, Planning and Zoning Director) Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. • Facilities Space Needs Assessment Study (D. Brinkley, Brinkley Sargent Architects and M. Roath, City Manager) City Manager Roath presented some recommendations to implement the Facilities Needs Assessment Study. These included: Direction from Council to prepare an Ordinance to be presented at the next Council meeting establishing a Bond Committee; Direction from Council to explore alternative funding sources for one or more of the Consultant's list of facility projects; and Direction from Council to develop a RFP for a Master Plan for the newly acquired Trust for Public Lands property and direct staff to prepare a Resolution for Council consideration and action declaring the City's intent to reimburse itself from bond proceeds for certain contributions incurred prior to the bond election. Consensus of Minutes—March 8,2005 Wylie City Council Special Called Meeting Page 2 Council was to direct staff to prepare an Ordinance to establish a Bond Committee asking each Wylie Board Chairman(or Vice Chair)to serve on the Committee (8) and each Councilmember to appoint one committee member with a total of 15 members, and direct staff to explore alternative funding sources and develop a RFP for a Master Plan and Resolution for declaring the City's intent to reimburse itself from bond proceeds for certain contributions. With no further business before Council a motion was made by Councilman Newsom, seconded by Councilman Young to adjourn the meeting at 7:00 p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—March 8,2005 Wylie City Council Special Called Meeting Page 3 CITY OF WYLIE Item No. B City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: March 7, 2005 Budgeted Amount: N/A Exhibits: 1 w/Exhibits A and B AGENDA SUBJECT: Consider and act upon a Water CCN Transfer Agreement Between Wylie Northeast Water Supply Corporation and City of Wylie, Texas. RECOMMENDED ACTION: Approve. SUMMARY: On June 24, 2003, the City Council approved Resolution No.#2003-11 (R), dealing with the transfer of water service areas between the Wylie Northeast Water Supply Corporation and the City of Wylie. This Agreement will complete that transfer subject to approval by the Texas Commission on Environmental Quality ("TCEQ"). APPROVED BY: Initial Date Department Director: \ City Manager: MBR \ 3/9/05 WATER CCN TRANSFER AGREEMENT BETWEEN WYLIE NORTHEAST WATER SUPPLY CORPORATION AND CITY OF WYLIE, TEXAS This Water CCN Transfer Agreement ("Agreement") is executed by and between the City of Wylie, Texas ("City"), a Texas home rule municipal corporation, and Wylie Northeast Water Supply Corporation ("Corporation"), a Texas nonprofit water supply corporation organized pursuant to Tex. Rev. Civ. Stat. art. 1434a and operating under Chapter 67 of the Texas Water Code, for the purposes and consideration set forth herein. RECITALS WHEREAS, the City has been issued Certificate of Convenience and Necessity ("CON") No. 10186 by the Texas Commission on Environmental Quality ("TCEQ") to provide water utility service to certain areas within Collin County, Texas; WHEREAS, the Corporation has been issued CCN No. 10192 by the TCEQ to provide water utility service to certain areas within Collin County, Texas; WHEREAS, the City and Corporation are both "retail public utilities" as defined in Texas Water Code § 13.002; WHEREAS, Centex Homes is in the process of developing Birmingham Farms Phase 2A ("Phase 2A"), Birmingham Farms Phase 14A ("Phase 14A"), and Birmingham Farms Phase 14B ("Phase 14B"), additions to City of Wylie, Collin County, Texas, according to the final plats thereof recorded in Cabinet N, Page 887, Cabinet P, Page 654, and Cabinet P, Page 656, of the Plat Records of Collin County, Texas, respectively; WHEREAS, the City's CCN covers most of Phases 2A and 14A with the remainder covered by the Corporation's CCN, and the Corporation's CCN covers most of Phase 14B with the remainder covered by the City's CCN; WHEREAS,the parties and Centex determined that each of the above subdivisions would be better served by a single water utility provider and, with the parties approval, Centex entered into an agreement with the City to obtain service to Phases 2A and 14A and an agreement with the Corporation to obtain service to Phase 14B; WHEREAS, the parties have agreed to adjust their respective water CCN boundaries to bring Phases 2A and 14A wholly within the City's CCN and Phase 14B wholly with the Corporation's CCN, and to more accurately reflect the platted boundaries of certain other tracts of land currently served by the Corporation; WHEREAS, the City and the Corporation have, through good faith negotiations, resolved issues concerning the permanent boundaries of their respective water CCNs subject to jurisdiction of the TCEQ. WATER CCN TRANSFER AGREEMENT-Page 1 NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, including the recitals set forth above, and other good and valuable consideration, the City and the Corporation agree as follows: 1. CCN Transfer. (a) Transfer Area 1. Subject to approval of this Agreement by the TCEQ, the Corporation hereby transfers to the City, and the City hereby accepts, that certain 35.41±acre portion of the Corporation's CCN No. 10192 described by metes and bounds in the attached EXHIBIT "A" and shown on the map attached as EXHIBIT "B" under the designation "Transfer Area 1." (b) Transfer Area 2. Subject to approval of this Agreement by the TCEQ, the City hereby transfers to the Corporation, and the Corporation hereby accepts, that certain 51.28± acre portion of the City's CCN No. 10186 described by metes and bounds in the attached EXHIBIT "A" and shown on the map attached as EXHIBIT "B" under the designation "Transfer Area 2." 2. Regulatory Approval. After execution by the parties, a copy of this Agreement shall be filed with the TCEQ in accordance with Texas Water Code § 13.248. Within 30 days of such execution, the parties shall prepare and shall file a joint TCEQ Form 10516 (STM Form) or other appropriate application with the TCEQ to effect the formal transfer of the water CCN areas described in paragraph 1 above. The Corporation shall be primarily responsible for preparation of the application and shall bear all costs related to same. The City shall be primarily responsible for filing and obtaining TCEQ approval of the application and shall bear all costs related to same. The Corporation will cooperate with the City and the TCEQ to accomplish this goal. 3. Effect of Transfer. Upon approval of this Agreement by the TCEQ, the adjusted water CCN boundaries described in EXHIBIT"A"and shown on EXHIBIT"B"shall be the water CCN boundaries between the City and the Corporation. The parties agree that, upon such approval, the City will have the sole right to provide water utility service within Transfer Area 1 and the Corporation will have the sole right to provide water utility service within Transfer Area 2. 4. Customers in Transfer Areas. The parties agree that on the effective date of this Agreement the Corporation has no water utility customers in Transfer Area 1 and the City has no water utility customers in Transfer Area 2. The parties further agree that, between the effective date of this Agreement and the Transfer Effective Date, the Corporation will not serve any new customers in Transfer Area 1 and the City will not serve any new customers in Transfer Area 2. 5. Facilities and Waterlines. There parties agree that there is no transfer of facilities, waterlines, easements or equipment under this Agreement. WATER CCN TRANSFER AGREEMENT-Page 2 6. Transfer Effective Date. The"Transfer Effective Date"shall be the date the TCEQ issues an order granting the STM Form or other application to be filed hereunder and/or approving the water CCN transfer described in paragraph 1 above. 7. Effective Date. This Agreement is effective and enforceable as between the City and the Corporation following execution by the parties. 8. Related Documents. The parties hereto covenant and agree that they shall execute and deliver such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the intent of this Agreement. 9. Applicable Law. This Agreement shall be governed by and construed and enforced under the laws of the State of Texas. 10. Performance. Except for matters within the jurisdiction of the TCEQ (or its successor), any action at law or in equity brought to enforce or interpret any provision of this Agreement shall be brought in a state court of competent jurisdiction with venue in Collin County, Texas. 11. Agreement Drafted Equally. This Agreement shall be deemed drafted equally by the parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party or parties hereto shall not apply. 12. Entire Agreement. This Agreement contains the entire agreement by and between the City and the Corporation with respect to the subject matter of this Agreement. No Agreement, statement or promise made by any party to any other party, or by or to any employee, agent or officer of any party hereto,that is not contained in this Agreement shall be valid, binding or of any force or effect. Any amendments to this Agreement must be in writing and signed by the party or parties to be charged. 13. No Waiver of Government Immunity. The parties agree that neither party has waived its sovereign or governmental immunity by entering into and performing its obligation under this Agreement. 14. Exhibits. The boundary description and map attached to this Agreement as EXHIBIT "A" and EXHIBIT "B" are incorporated herein by reference for all purposes. 15. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective successors, heirs, representatives and assigns. 16. No Third Party Beneficiaries. It is the express intention of the parties that the terms and conditions of this Agreement may be enforced by either party, but not by any third party or alleged third-party beneficiary. WATER CCN TRANSFER AGREEMENT-Page 3 17. Severability. Should any provision of this Agreement be declared void by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. 18. Covenant of Authority. The undersigned hereby represent and covenant that they are fully authorized to sign this Agreement on behalf of their respective party. 19. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. IN WITNESS HEREOF, EXECUTED by City of Wylie, Texas, and Wylie Northeast Water Supply Corporation under the authority of their respective governing bodies on the dates indicated below. SIGNED on the day of , 2005. CITY OF WYLIE, TEXAS: By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary WATER CCN TRANSFER AGREEMENT-Page 4 SIGNED on the day of , 2005. WYLIE NORTHEAST WSC: By: Jimmy Beach, President ATTEST: Mike Bailey, Secretary/Treasurer • WATER CCN TRANSFER AGREEMENT-Page 5 .,w.„o,..cI.Vw,,.nlo,w,..1ws<,Cc..,.s3,,,1oo,.m.nnm..t Cny ofw,l.,AGREEMEN..,,... lw.l>«N(w,..,wmorm...,wsc).P, EXHIBIT "A" METES & BOUNDS DESCRIPTION OF WATER CCN TRANSFER AREAS TRANSFER AREA 1: The following described water service area shall be subtracted from Wylie Northeast Water Supply Corporation's CCN No. 10192 and added to the City of Wylie's CCN No. 10186: BEGINNING at the southwest corner of Wylie Northeast Water Supply Corporation's CCN No. 10192 located approximately two miles north of the City of Wylie; THENCE north 0 degree 2 minutes west along a line approximately 785 feet to a point for a corner; THENCE south 89 degrees 4 minutes east along a line approximately 1,971 feet to west side right-of- way of Gateway Bend to a point for a corner; THENCE southerly along west side right-of-way of Gateway Bend approximately 764 feet to a point for a corner; THENCE north 89 degrees 45 minutes west along a line approximately 1,987 feet back to the place of beginning. TRANSFER AREA 2: The following described water service area shall be subtracted from the City of Wylie's Certificate Convenience of Necessity("CCN")No.10186 and added to Wylie Northeast Water Supply Corporation's CCN No. 10192: BEGINNING at the intersection of the center of Farm to Market Highway2514 and the center of Collin Road Paul Wilson located approximately two miles north of the City of Wylie and located in the southern portion of the Wylie Northeast Water Supply Corporation's CCN No. 10192; THENCE easterly along the center of Paul Wilson Road approximately 1,212 feet to a point for a corner; THENCE south 3 degrees 20 minutes east along a line approximately 304 feet to a point for a corner; THENCE south 88 degrees 44 minutes west along a line approximately 4,116 feet to a point for a corner; THENCE south 0 degrees 20 minutes east along a line approximately 975 feet to the center of Ann Drive to a point for a corner; THENCE northwesterly along the center of Ann Drive approximately 1,091 feet to a point for a corner; THENCE north 76 degrees 17 minutes east along a line approximately 76 feet to a point for a corner; THENCE north 16 degrees 23 minutes east along a line approximately 92 feet to a point for a corner; THENCE north 9 degrees 26 minutes east along a line approximately 52 feet to a point fora corner; THENCE north 1 degrees 21 minutes east along a line approximately 707 feet to a point for a corner; THENCE north 89 degrees 20 minutes east along a line approximately 3,779 feet to a point for a corner and back to the place of beginning. Solo Page , ` : w uU MEAD O LARK i t-� R IE LANE - Ct ! 1 :: 1 i i: v I Q¢ —Q -. till ' .Y.' -Z:14 / 0 l I' -PAY L4 € �� \ i . _UNR OA� Ii T, i., ____.______ _._ ,,,cf) ,:___cMO.S S • il. -- ' -QU4IL _- t ` - I, -W.1.S.D. SCHOOLW.IIS.D. SCHOOL . 7,,,_,Z.,/, ,;,,,;,,,,:::,If.?,:�, 7PARK BLVD p SCALE: 1"=600' 1I (//" �__ WYLIE NE— \ r T • OFFICE 21 N‘,,! ill H.__ }-1...101 --L..:LI, -1,---.1 \-,..''''-L-1, I i 1 N 1 i--- 1 1 • `r: iiik ,r r-te E_ -- ' CCN B UNDARY ��\ N TRANSFER i AUL wlcso L .. ■ M... • AREA#1 -4 L_+- F- ,, +=G J L 35.41 ACRES) FI � yj I TRANSFER AREA #2 -- M W 3 (APPROX. I WYLIE NORTHEAST WSC 51,28 ACRES) / �' , m CITY OF WYLIE, TX !i�� z 1 PROPOSED CCN TRANSFER // X 1-18-2005 li W i 1 1 CITY OF WYLIE Item No. C. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22, 2005 Originating Department: City Manager and Fire Mark B. Roath and Steve Prepared By: Seddig Account Code No.#: Date Prepared: March 8, 2005 Budgeted Amount: N/A Exhibits: 1 AGENDA SUBJECT: Consider and act upon an Interlocal Agreement to place antennas on water towers by and between the City of Wylie, Texas and East Fork Special Utility District. RECOMMENDED ACTION: Approve. SUMMARY: The Wylie Fire Rescue and Police Departments rely on communications. Presently, the Departments are operating with Mobile Data Computers (MDC's) in all first line units. The system is connected to a wireless network Computer Aided Dispatch (CAD) center. Recently, the Departments are working to improve connectivity, which will require a number of strategically located communication devices installed and networked together. Because East Fork Special Utility District has several water towers within our coverage areas, the City requested that they allow us to locate communication devices on their facilities. The attached Agreement is a result of our request. The Agreement allows the City to place our communication devices on their towers at a cost of$1.00 per annum. APPROVED BY: Initial Date Department Director: \ City Manager: MBR \ 3/8/05 ORIGINAL INTERLOCAL AGREEMENT TO PLACE ANTENNAS ON WATER TOWERS BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND EAST FORK SPECIAL UTILITY DISTRICT This Interlocal Agreement to Place Antennas on Water Towers by and between the City of Wylie, Texas, a municipal corporation ("Wylie") and East Fork Special Utility District, a general law water district ("EFSUD"), each political subdivisions of the State of Texas, is entered into as of the date executed below ("Agreement"). WHEREAS, the Interlocal Corporation Act, Chapter 791 of the Texas Government Code (the "Act") provides the authority to political subdivisions for contract by and between each other to purchase goods and services and facilitate governmental functions of said political subdivisions under the terms of the Act; WHEREAS, Wylie has investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to acquire permission from EFSUD to place antennas to be used for public safety wireless communications by Wylie; WHEREAS, Wylie is acquiring wireless routers for communications from Nexgen; WHEREAS, EFSUD has investigated and determined that it would be advantageous and beneficial to EFSUD to provide water tower access to Wylie. NOW THEREFORE, in consideration of the mutual covenants contained herein, Wylie and EFSUD agree as follows: 1. Water Tower Use by Wylie. EFSUD will provide Wylie access to its water towers listed below ("Facilities") for purposes of installing and maintaining Nexgen (or similar) wireless routers and related appurtenances to be used exclusively by Wylie for public safety wireless communications ("Communications Equipment"). No commercial use shall be permitted under this Agreement. Presently, EFSUD has water towers located at: a) 1355 Troy Road, Wylie, Collin County, Texas 75098, and more particularly described in the attached Exhibit "A". b) 2491 Elm Grove Road, Dallas County, Texas, more particularly described as a 0.983 acre tract (Tract 10) out of the F. T. Gaines Survey, Abstract No. 497 (Page 095), Dallas County, Texas. 2. Water Tower Access Provided. Wylie shall have the right, at its own expense, to install and maintain Communications Equipment on the Facilities in a good and workmanlike manner that does not interfere with existing communication equipment, if any. All necessary Facility access, whether underground or aerial, will be provided at each Facility. Wylie shall submit a site plan and plans and specifications for EFSUD INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 1 F:tW.t..OnU,o E*.t Fe.Y SUOt OY of W0M 1O51lTow,Agt..o,0IM A Wau,Tow,Antenna EFWD.doe approval of the location of the Communications Equipment at each Facility and such approval shall not be unreasonably withheld. Wylie shall have access to the Facilities Monday through Friday, 9:00 A.M. to 4:00 P.M., for purposes of performing maintenance on the Communications Equipment and shall have access 24-hours a day, 7-days a week for purposes of performing emergency maintenance on the Communications Equipment. Wylie shall notify EFSUD by telephone prior to entering the Facilities. EFSUD hereby grants Wylie a right of ingress, egress and access to the Facilities for the purpose of installing and maintaining the Communications Equipment. 3. Standards. All work will be done according to applicable codes and regulations and approved plans. 4. Consideration. Wylie agrees to pay EFSUD a sum of One Dollar ($1.00) per year, payable in full for the initial term of this Agreement upon execution by the parties. 5. Term. The initial term of this Agreement shall be for ten (10) years from the date of final execution. This Agreement shall automatically be extended for two (2) additional five (5) year terms, upon the same terms and conditions, unless one party notifies the other in writing of its intent not to renew at least ninety (90) days prior to the expiration of the existing term. Wylie has the right to remove the Communications Equipment at its sole expense on or before the expiration or earlier termination of this Agreement, and Wylie shall repair any damage to the Facilities caused by such removal. Upon the expiration or earlier termination of this Agreement, Wylie shall remove the Communications Equipment and repair any damage to the Facilities caused by such removal. 6. Termination. This Agreement may be terminated by EFSUD upon ninety (90) days written notice if it is determined by EFSUD that Wylie's use of Facilities causes substantial interference with EFSUD's use of the above described property(ies) or Facilities in furtherance of its water utility system operations, or in any way prevents EFSUD from complying with applicable rules or regulations of the Environmental Protection Agency or Texas Commission on Environmental Quality, or their successors. 7. Water Tank Maintenance. Upon at least thirty (30) days prior written notice, Wylie shall remove some or all of the Communications Equipment from the Facilities as necessary for EFSUD to make repairs and/or to perform routine or scheduled maintenance on the Facilities, including painting the inside and/or outside of the Facilities. Upon completion of such repairs or maintenance, Wylie shall be permitted to reinstall the Communications Equipment removed. 8. Miscellaneous Provisions. a) Assignment. This Agreement is not assignable. b) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 2 F-\Wker OntreeE..t Fmk SUO1Ciry el WyS)6511Tavnr Ayr«nrnNLA Wktn T.*.,Menru EFWO.Eoc • c) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. d) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g) Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. i) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. j) Pursuit of a Governmental Function. Both Wylie and EFSUD have determined by their execution of this Agreement that this Agreement and the obligations of the parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation Act, Chapter 791, Texas Government Code, and the participation by either party in the terms of this Agreement shall not make such party an agent or representative of the other party. INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 3 F\W.t.,Ontrk:t.\E.,t Fa,k SUO\C ty el Wyk.7O5I\T..!Apr«rtyntUU W.t.,TO?!MUnn.L WO.Goc k) Sovereign Immunity. The parties agree that neither Wylie nor EFSUD has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. I) Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Wylie, to: City of Wylie Attn: City Manager and Fire Marshall 2000 N. Highway 78 Wylie, TX 75098 If to EFSUD, to: East Fork SUD Attn: Office Manager 1355 Troy Road Wylie, Texas 75098 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. EAST FORK SPECIAL UTILITY DISTRICT By: 9f7'1 te: //'•�—dam Name: ger Han Title: Vice President CITY OF WYLIE, TEXAS By: Date: Name: Title: INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 4 F.',Watar OIatftt,\Eaat Foek SUD\CM M Wyla)652\Tew.t AyraarmnFJ A Watar Tnvnr Mtanv EFWO Cec STATE OF TEXAS * * COUNTY OF COUNTY * BEFORE ME, the undersigned authority, on this day personally appeared Roger Hankey known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for East Fork Special Utility District, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this&L day of kOUef1)beo; 200 .1.0 "c= DANA ANDREWS -Y n �i, Notary Public n /��y, n J / /1 �� *1 State of Texas �'/ L G/(� ~�''tocit+'y My Comm.Exp. 10-09-2007 Notary Public in and for the State of Texas My Commission Expires: )e- q'e,0O7 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 , 2004. Notary Public in and for the State of Texas My Commission Expires: INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 5 F AYatar Dbbeb Eaat Faro SUD\Gty of Wyh.]OSi\Toter AW..!,.ntU A Watat Towat Antenna EFWO.Eoo EXHIBIT "A" Lying and being situated in the AARON WEST SURVEY, County of Collin, State of Texas, and being out of a tract of land conveyed by Deed to C. J. Bozman from M. T. Bozman and wife, Rosa Bozman, as recorded at Volume 266, Page 548, of the Collin County Deed Records and more fully described as follows: BEGINNING at a point in a public road which bears E. 25' from the Southeast corner of a three acre tract of land conveyed by Annie Seabourn, et vir, to F. E. Lillard by Warranty Deed dated November 6, 1950, and recorded in Volume 421, Page 55, of the Deed Records of Collin County, Texas; THENCE S. with the Center of public road, 200.00 feet to a point for corner; THENCE W. 350.00 feet to a point for corner; THENCE N. 200.00 feet to a point for corner in the S. line of said Lillard tract; THENCE E. 350.00 feet with the S. line of said Lillard Tract to the PLACE OF BEGINNING and containing 1.607 acres of land. INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 6 F\W.t.,OnvchEFar Fury SUOrC4y M WyIM]052\Tmwr Aw..m.nlYU Water Toxr nnNnro EFWO.d c CITY OF WYLIE Item No. D. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22, 2005 Originating Department: City Manager and Fire Mark B. Roath and Steve Prepared By: Seddig Account Code No. #: Date Prepared: March 8, 2005 Budgeted Amount: N/A Exhibits: 1 w/Exhibit A AGENDA SUBJECT: Consider and act upon a Consent to Sublease Agreement between Bozeman Farm Development, East Fork Special Utility District and the City of Wylie, Texas. RECOMMENDED ACTION: Approve. SUMMARY: The Wylie Fire Rescue and Police Departments rely on communications. Presently, the Departments are operating with Mobile Data Computers (MDC's) in all first line units. The system is connected to a wireless network Computer Aided Dispatch (CAD) center. Recently, the Departments are working to improve connectivity, which will require a number of strategically located communication devices installed and networked together. Because East Fork Special Utility District has several water towers within our coverage areas, the City requested that they allow us to locate communication devices on their facilities. The attached Consent to Sublease is a result of our request. Note: This Sublease allows the City to place our communication device on the East Fork Special Utility District water tower located at 1355 Troy Road, Wylie, which said water tower property is leased from Bozeman Farm Development, Ltd., to the District; thus, the reason for this Agreement. APPROVED BY: Initial Date Department Director: \ City Manager: MBR \ 3/8/05 CONSENT TO SUBLEASE This consent to sublease is entered into as of the 31 day of , 20¢ by and between Bozman Farm Development, Ltd. ("Landlord" , a Tex s limited partnership, acting by and through its general partner Troy Development Corporation, a Texas corporation, East Fork Special Utility District("Sublessor"), a Texas general law water utility district operating under Chapters 49 and 65 of the Texas Water Code, and City of Wylie, Texas ("Sublessee"), a home rule municipality. RECITALS WHEREAS, Sublessor leased a 1.607 acre parcel of land located at 1355 Troy Road, Wylie, Collin County, Texas (the "Premises"), under a lease dated January 29, 1991, which lease and all its riders and amendments is called the "Master Lease;" and WHEREAS, Sublessor erected an elevated water storage tower on the Premises and a second elevated water storage tower is under construction; and WHEREAS, Sublessee desires access to Sublessor's water towers on the premises for purposes of installing and maintaining Nexgen (or similar)wireless routers and related appurtenances to be used exclusively by Sublessee for public safety wireless communications; and WHEREAS, Landlord represents that it is the owner of the Premises and, pursuant to the terms of the Master Lease which require the consent of Landlord to any subletting, has agreed to grant consent. THEREFORE, Landlord consents to the proposed Interlocal Agreement to Place Antennas on Water Towers (the "Sublease") between Sublessor and Sublessee, a copy of which Sublease is attached hereto as Exhibit "A" and made a part of this Consent subject to the following terms and conditions: 1. The Sublease shall be subject and subordinate at all times to the Master Lease and this Consent. This Consent by Landlord shall not be deemed in any way or manner a release of Sublessor from any and all obligations to be performed by Sublessor under the Master Lease. 2. Sublessee is prohibited from assigning the Sublease or subletting the Premises or any part thereof. 3. Nothing contained in the Sublease or in this Consent shall enlarge or increase Landlord's obligations or liability under the Master Lease or otherwise, and in the event of a default in the Master Lease which results in its termination, the Sublease and Sublessee's rights in the Premises shall also be terminated. CONSENT TO SUBLEASE-Page 1 ..w..o.... ...a.soc,a=w...io.:,...,,, .T....Ree..crc.....,. .......,. 4. This Consent shall not be changed orally but only by an agreement in writing signed by all the parties hereto. This Consent may be signed in counterparts, each of which shall be deemed to be an original The parties to this Consent to Sublease have caused it to be duly executed as of the day and year first written above. LANDLORD: BOZMAN FARM DEVELOPMENT, LTD., a Texas limited partnership By: Troy Development Corporation, a Texas corporation, its general partner By: • Name: ' Title: ATTEST: NANDY DANAE HENARD '.��/�:"= Notary Public,State of Texas My Commission Expires By: April 21,2007 Title: SUBLESSOR: EAST FORK SRECIAL UTILITY DISTRICT By: giff"-- Mark Burnett, President ATTEST: liff , Secretary SUBLESSEE: CITY OF WYLIE, TEXAS By: Jon Mondy, Mayor ATTEST: • Carol Ehrlich, City Secretary CONSENT TO SUBLEASE-Page 2 n.0••.tsE..tE>,som .e ,..a.2.,e.. 9 .....,GAEEME.. oo...mi Sue i.....va EXHIBIT "A" INTERLOCAL AGREEMENT TO PLACE ANTENNAS ON WATER TOWERS BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND EAST FORK SPECIAL UTILITY DISTRICT This Interlocal Agreement to Place Antennas on Water Towers by and between the City of Wylie, Texas, a municipal corporation ("Wylie") and East Fork Special Utility District, a general law water district ("EFSUD"), each political subdivisions of the State of Texas, is entered into as of the date executed below ("Agreement"). WHEREAS, the Interlocal Corporation Act, Chapter 791 of the Texas Government Code (the "Act") provides the authority to political subdivisions for contract by and between each other to purchase goods and services and facilitate governmental functions of said political subdivisions under the terms of the Act; WHEREAS, Wylie has investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to acquire permission from EFSUD to place antennas to be used for public safety wireless communications by Wylie; WHEREAS, Wylie is acquiring wireless routers for communications from Nexgen; WHEREAS, EFSUD has investigated and determined that it would be advantageous and beneficial to EFSUD to provide water tower access to Wylie. NOW THEREFORE, in consideration of the mutual covenants contained herein, Wylie and EFSUD agree as follows: 1. Water Tower Use by Wylie. EFSUD will provide Wylie access to its water towers listed below ("Facilities") for purposes of installing and maintaining Nexgen (or similar) wireless routers and related appurtenances to be used exclusively by Wylie for public safety wireless communications ("Communications Equipment"). No commercial use shall be permitted under this Agreement. Presently, EFSUD has water towers located at: a) 1355 Troy Road, Wylie, Collin County, Texas 75098, and more particularly described in the attached Exhibit "A". b) 2491 Elm Grove Road, Dallas County, Texas, more particularly described as a 0.983 acre tract (Tract 10) out of the F. T. Gaines Survey, Abstract No. 497 (Page 095), Dallas County, Texas. 2. Water Tower Access Provided. Wylie shall have the right, at its own expense, to install and maintain Communications Equipment on the Facilities in a good and workmanlike manner that does not interfere with existing communication equipment, if any. All necessary Facility access, whether underground or aerial, will be provided at each Facility. Wylie shall submit a site plan and plans and specifications for EFSUD INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF YLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 1 4 W F.WVatr Onrn E.,t E,*SUO'Oiry al WyM 7O52tTovnr Aprrm.rULA W.t.,T*.,Mt.nru EFWD IEabb AI Eoc I�� approval of the location of the Communications Equipment at each Facility and such approval shall not be unreasonably withheld. Wylie shall have access to the Facilities Monday through Friday, 9:00 A.M. to 4:00 P.M., for purposes of performing maintenance on the Communications Equipment and shall have access 24-hours a day, 7-days a week for purposes of performing emergency maintenance on the Communications Equipment. Wylie shall notify EFSUD by telephone prior to entering the Facilities. EFSUD hereby grants Wylie a right of ingress, egress and access to the Facilities for the purpose of installing and maintaining the Communications Equipment. 3. Standards. All work will be done according to applicable codes and regulations and approved plans. 4. Consideration. Wylie agrees to pay EFSUD a sum of One Dollar ($1.00) per year, payable in full for the initial term of this Agreement upon execution by the parties. 5. Term. The initial term of this Agreement shall be for ten (10) years from the date of final execution. This Agreement shall automatically be extended for two (2) additional five (5) year terms, upon the same terms and conditions, unless one party notifies the other in writing of its intent not to renew at least ninety (90) days prior to the expiration of the existing term. Wylie has the right to remove the Communications Equipment at its sole expense on or before the expiration or earlier termination of this Agreement, and Wylie shall repair any damage to the Facilities caused by such removal. Upon the expiration or earlier termination of this Agreement, Wylie shall remove the Communications Equipment and repair any damage to the Facilities caused by such removal. 6. Termination. This Agreement may be terminated by EFSUD upon ninety (90) days written notice if it is determined by EFSUD that Wylie's use of Facilities causes substantial interference with EFSUD's use of the above described property(ies) or Facilities in furtherance of its water utility system operations, or in any way prevents EFSUD from complying with applicable rules or regulations of the Environmental Protection Agency or Texas Commission on Environmental Quality, or their successors. 7. Water Tank Maintenance. Upon at least thirty (30) days prior written notice, Wylie shall remove some or all of the Communications Equipment from the Facilities as necessary for EFSUD to make repairs and/or to perform routine or scheduled maintenance on the Facilities, including painting the inside and/or outside of the Facilities. Upon completion of such repairs or maintenance, Wylie shall be permitted to reinstall the Communications Equipment removed. 8. Miscellaneous Provisions. a) Assignment. This Agreement is not assignable. b) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 2 F:\Water Dntrcta�ast Ferk SUD1Dity el WyN Id'S3\Tower Agrwrmnt\ILA Water Tarr Mtanna EFWD IE.luby AI ea modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. d) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g) Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. i) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. j) Pursuit of a Governmental Function. Both Wylie and EFSUD have determined by their execution of this Agreement that this Agreement and the obligations of the parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation Act, INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 3 F Wn,O.,th bEaat Faro SUO\Gty of WyG J053\Torn!Ag,aarmnt)ILA Wata.Tovnr Mt. EFWO{EsMdt A,.Jec Chapter 791, Texas Government Code, and the participation by either party in the terms of this Agreement shall not make such party an agent or representative of the other party. k) Sovereign Immunity. The parties agree that neither Wylie nor EFSUD has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. I) Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Wylie, to: City of Wylie Attn: City Manager and Fire Marshall 2000 N. Highway 78 Wylie, TX 75098 If to EFSUD, to: East Fork SUD Attn: Office Manager 1355 Troy Road Wylie, Texas 75098 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. EAST FORK SPECIAL UTILITY DISTRICT By: Date: Name: Roger Hankey Title: Vice President CITY OF WYLIE, TEXAS By: Date: Name: Title: INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 4 E:'Watar OA,b'East Fo.k SUOtCity el WyM I052\TevweAyraamantUAWM.s Terwr Mbnna EEW0 IEoh,54 At Ua t1\ STATE OF TEXAS * COUNTY OF COLLIN * BEFORE ME, the undersigned authority, on this day personally appeared Roger Hankey known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for East Fork Special Utility District, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2004. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS * * COUNTY OF COLLIN * BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the City of 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 2004. Notary Public in and for the State of Texas My Commission Expires: INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 5 F tWM.r Dnbeb E.,I Fork SUDIC4y of WyN>0531Tovwr AgrN,.rntuU Wal•r Tex.r MM1nrb EFWD IEaMbn*Ex EXHIBIT "A" Lying and being situated in the AARON WEST SURVEY, County of Collin, State of Texas, and being out of a tract of land conveyed by Deed to C. J. Bozman from M. T. Bozman and wife, Rosa Bozman, as recorded at Volume 266, Page 548, of the Collin County Deed Records and more fully described as follows: BEGINNING at a point in a public road which bears E. 25' from the Southeast corner of a three acre tract of land conveyed by Annie Seabourn, et vir, to F. E. Lillard by Warranty Deed dated November 6, 1950, and recorded in Volume 421, Page 55, of the Deed Records of Collin County, Texas; THENCE S. with the Center of public road, 200.00 feet to a point for corner; THENCE W. 350.00 feet to a point for corner; THENCE N. 200.00 feet to a point for comer in the S. line of said Lillard tract; THENCE E. 350.00 feet with the S. line of said Lillard Tract to the PLACE OF BEGINNING and containing 1.607 acres of land. INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 6 F:tW.s D!Et(fl Enit Fetk SUD'City of WyM 7O5aTay.Agrrnn*J A W.tnt Tows Mtnnna EFWO IE,Mbd A).Coc my CITY OF WYLIE Item No. El City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22. 2005 Originating Department: City Secretary Prepared By: Carole Ehrlich Account Code No. #: Date Prepared: 3/10/05 Budgeted Amount: See below Exhibits: Proposed Contract AGENDA SUBJECT:Consider and act upon the approval of an agreement between Collin County Community College District and the City of Wylie to hold a one day training session for City employees on April 8, 2005 at a cost of$1,548.00. RECOMMENDED ACTION:Approval SUMMARY: The City of Wylie (Human Resource Department) has requested the Collin County Community College to present a program entitled "The Manager as Leader" for presentation to City staff and supervisors. The contract will be for one session to be conducted on April 8, 2005, at a cost of$1,548.00. Funds will be allocated from departments attending through their Professional Training budget items. APPROVED BY: Initial Date Department Director: CE \ 3/10/05 City Manager: nid1C \ 3.47ct!"" 1 Business $olitions , roup Business Solutions Group Collin County Community College District Courtyard Center 4800 Preston Park Boulevard, Box 9 Plano, TX 75093 CONTRACT TRAINING AGREEMENT This Agreement is entered into by and between the Collin County Community College District(District), and City of Wylie(Agency), to conduct training and provide services as described in this Agreement. I. DISTRICT AGREES TO PROVIDE: 1. Qualified trainers to be supervised and paid by the District. 2. Appropriate curriculum or statement of work as mutually agreed upon by the District and Agency. 3. A course delivery schedule as mutually agreed upon and documented by the District and Agency,which is responsive to Agency employees,District trainers, and facility availability. 4. Trainers and course evaluation. 5. Necessary trainee materials,assessment tools,books,handouts,and equipment as needed to conduct training. II. AGENCY AGREES TO: 1. Reimburse the District for assessment,training, services,and materials as identified in Attachment"A" which is part of this Agreement. 2. Pay District upon receipt of invoice for all services rendered. III. HOLD HARMLESS AGREEMENT 1. Agency hereby agrees to hold District,its Governing Board and/or any officer, agent or employee thereof free and harmless and defend same from all suits or actions at law arising from use of Agency facilities or actions or negligence of Agency.This includes loss, damage,liability, cost or expense or injury to persons,life or property that may arise during or be caused by use or occupancy of facilities or premises by District or actions or negligence of Agency. 2. The District agrees to hold Agency,its agents, officers and employees harmless from any and all damages to property and persons resulting from District's actions, errors or negligence in connection with the activities described in this agreement. 1 IV. GENERAL CONTRACT TERMS AND CONDITIONS 1. Training will generally be conducted as specified in Attachment"A." 2. Students will be required to give their name, social security number and birth date to register for training through the District. These records are protected by the Family Education Rights and Privacy Act (FERPA).A copy of the Act is attached to the contract. 3. Courses will be billed to the Agency in full for cancellations made five business days or less prior to course start date. Courses cancelled six to ten business days prior to start of course will result in billing for half the contracted fee. In the event of cancellation at any time,Agency agrees to pay for assessment tools,non-returnable textbooks, and supplies. Participation substitutions can be made up to and including the first day of each course section. 4. The Agency agrees that, for a six-month period following termination of this Agreement,it will not enter into any future agreement for the provision of training by any person providing training services under this Agreement unless that future agreement is either with the District or is made following the express written consent of the District. 5. It is expressly understood and agreed that no personal liability whatsoever attaches to any member of the Board of the District, or any of the officers or employees thereof by virtue of this Agreement. 6. Time is of the essence in this Agreement. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto. 7. Without the written consent of the District,this Agreement is not assignable by the Agency in whole or in part. The copyright to all District materials either produced as a result of this Agreement or pre- existing shall belong to the District, or are otherwise limited as by copyright law.Agency may not use, copy, or modify materials without the expressed written consent of the District. 8. The parties to this Agreement understand that the Agency's non-solicitation policy prohibits promotion for solicitation of products or services by District personnel or assignees. 9. The parties to this Agreement warrant that items that are used or distributed during the training are original works and that no portion of these items violates copyright protection or similar right of any third party. V. CONFIDENTIALITY District agrees to hold in strict confidence and not to use or disclose any confidential information for or to any person, firm, corporation, association, or entity either before,during, or after the term of this Agreement, except as authorized by the Agency or as is necessary for the performance of duties under this Agreement but only after having received written consent from the Agency,which will be limited to the specific confidential information described in the consent. VI. COMPLIANCE WITH LAWS AND REGULATIONS Agency agrees that it will not discriminate in the selection of any student to receive instruction pursuant to this Agreement because of race, creed, color,national origin, sex, sexual orientation,age, or disability. In the event of Agency's noncompliance with this section, this Agreement may be canceled, terminated, or suspended,in whole or part, by the District. 2 VII. RELATIONSHIP OF THE PARTIES It is understood that this is an agreement by and between Agency as Contractor and District and is not intended to, and shall not be construed to create the relationship, of agent,employee,partnership,joint venture or association or any other relationship whatsoever. VIII. GOVERNING LAW This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to the principles of conflicts of laws of the State of Texas.Venue for any lawsuit regarding enforcement or interpretation of this Agreement will be in Collin County,Texas. CITY OF WYLIE BUSINESS SOLUTIONS GROUP Collin County Community College District Courtyard Center 4800 Preston Park Boulevard,Box 9 Plano,TX 75093 By: Agency Representative Business Solutions Group Director Date Date 3 Business Sol t roue b Contract Training Agreement Attachment A Agency: City of Wylie 2000 Highway 78 North Wylie,TX 75098 Contact: Lynn Fagerstrom Phone: 972-442-8146 Human Resources Manager Email: lfagerstrom@ci.wylie.tx.us Date: March 7, 2005 Training: The Manager as Leader 8 Hours BMGT1020.177 Friday,4/8/05 8:O0am-5:00pm Location: City of Wylie Council Chambers Instructor: David Cegelski Fees: $1,548 flat fee Maximum: Books & Assessment Tools: Handouts Dimensions of Leadership Assessment Tool- $20 per tool Terms: Payable upon receipt of invoice Invoice will be sent to: Lynn Fagerstrom,Human Resources Manager City of Wylie 2000 Highway 78 North Wylie,TX 75098 972-442-8146;lfagerstrom@ci.wylie.tx.us Business Solutions Group Collin County Community College 4800 Preston Park Blvd.,Box 9 Plano,TX 75093 972.599.3130 Fax:972.985.3765 bsg.ccccd.edu 4 FERPA (Family Education Rights and Privacy Act) The privacy of students' education records,including those contained in CCCCD's automated Student Information System-Plus (SIS Plus),is protected by the Family Educational Rights and Privacy Act 1974,also referred to as FERPA,The Privacy Act,or the Buckley Amendment. Only directory information, as specified in CCCCD's catalog and Student Records Policy,may be released without the student's prior written permission. Moreover, students have the right to restrict the release of directory information,in which case all information is protected. (Restriction of directory information is indicated on screens 7 and 11.) Approved SIS-Plus users have been determined to have"legitimate educational interest", as defined by FERPA and CCCCD's Students Record Policy,and are permitted access to students' education records. PERSONALLY IDENTIFIABLE INFORMATION,INCLUDING EASILY TRACEABLE INFORMATION, SHOULD NOT BE RELEASED TO THIRD PARTIES WITHOUT THE STUDENT'S PRIOR WRITTEN PERMISSION. Statistical information is exempted from the Privacy Act. For example,publication of college withdrawal rates would not violate student's privacy rights;however,publishing which students withdraw would violate the law,unless their prior written permission was on file. Likewise,reporting percentages of enrollment by ethnic origin is permissible,while releasing an individual student's ethnicity would require prior written permission. The Registrar's Office has responsibility for ensuring compliance with FERPA. If a student does not want to furnish his or her social security number, they may complete a Request for Assigned Student I.D. form. Collin County Community College District will assign a student i.d. number to use for training registration. Please contact the Business Solutions Group at 972.985.3762 to request this form. 5 CITY OF WYLIE Item No. F. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22. 2005 Originating Department: City Secretary Prepared By: Carole Ehrlich Account Code No. #: 100-5181-56080 Date Prepared: 3/10/05 Budgeted Amount: $28.000. (all advertising) Exhibits: Proposed Contract AGENDA SUBJECT: Consider and act upon approval of an agreement between the City of Wylie and The Dallas Morning News for a 12 month period for the purpose of advertising. RECOMMENDED ACTION:Approval SUMMARY: The City of Wylie has contracted with the Dallas Morning News for the past year.The Dallas Morning News has submitted a new proposed contract that will begin February 28, 2005 and terminate March 1, 2006. The agreement includes a summarized revenue cost update on a monthly basis. The old line rate (non-contracted), prior to 2004, was $23.00 per line. The current offered rate in the proposed contact is $7.50 per line, which is a substantial discount. The same rate in the 2004 contract was $8.00 per line. APPROVED BY: Initial Date Department Director: CE \ 3-10-05 City Manager: /1/44 \ a346/0.r' 1 Page 1 of 2 011)I aliato 1: 1! 1 ritin,0 yi:thrg Contract CLASSIFIED Advertising Contract arch ''""(" Automotive Real Estate IT Recruitment City of Wylie (Account# 1054431904) Hereinafter referred to as Advertiser hereby contracts with THE DALLAS MORNING NEWS for consumption of not less than $10,000 (Ten Thousand Dollars) of advertising,through the use of classified advertising(all publications—The Dallas Morning News,Quick,Al Dia),to be published within twelve(12)months,such advertising to pertain solely to the business of the Advertiser as now conducted,for which the Advertiser agrees to pay at the office of The Dallas Morning News at Dallas,Texas,in accord with the attached schedule of rates. The term of this agreement is for the period beginning February 31,2005 and ending March 1,2006 • $10,000 The Dallas Morning News will provide Advertiser with monthly revenue updates summarizing llt(►110r Volume Contract the advertising revenue spent by Advertiser. If during the Contract Period,Advertiser does not achieve the contracted dollar volume level specified above,Advertiser will be billed and agrees to pay the difference between the amount REQUIRED BY CONTRACT II billed at the discounted rate for the contracted dollar volume level and amount that would have DMN Sunday Rate(per line) $7.50 been billed at the rate for the actual dollar volume level. For example,if the contracted dollar DMN Daily Rate(per line) $5.50 volume level is$500,000 Dollars and Advertiser's actual dollar volume is$400,000,Advertiser would be charged the difference between the discounted rate charged at the$500,000 dollar volume level and the rate charged for the$400,000 Dollar volume level based upon actual JobCenter Products advertising volume. Such amount will be due and payable immediately upon receipt of the Online(Ad listed for 14 days) $85.00 invoice. • $50.00 In-column In-column $75.00 Display The Dallas Morning News may,during the term of this Agreement,offer different discount •Kiosks-7 day posting $110.00 programs,designate new Dollar Volume Levels and frequency requirements for advertising. These changes will not be applicable to this Agreement.Rather,the rates and discounts described • $20.00 Display in this Agreement will apply to the entire Contract Period,except as provided in the Further JobLink(up to 10 candidate profiles) Conditions attached hereto. In the event any tax is imposed on advertising,Advertiser agrees to • $15.00 pay all such taxes,fees and surcharges. Working Smart(per line) $1.10 This Agreement and the attached Further Conditions represents the only Agreement between the parties and may not be modified except in writing signed by both parties. Upon termination of this Agreement,the terms of this Agreement will not be renewable except by written agreement of the parties. The Dallas Morning News is under no obligation to provide the same discount OPTIONAL BUYS 4 programs or to continue any discounting upon termination of this Agreement. Upon expiration of the contract term specified above,the contract will continue on a month-to- Bold Line Rate month basis at Publisher's then current advertising rates. Either party may terminate the month- 1 line per ad $20.00 to-month contract with thirty days'written notice to the other party. 2 lines per ad $35.00 The Display rates of Publisher are based upon the volume or number of inches used by its 3+lines per ad .. $45.00 advertisers.The rates specified herein are to apply only in the event the number of insertions contracted for is used by the Advertiser.An insertion refers to advertising space used on a JobCenter Posting(30 days online) $250.00 specific day.Multiple advertisements used in one day are considered one insertion. • Includes Resume Database Access • Includes a Company Profile The entire contract is expressed on the face hereof and in the additional Further Conditions attached hereto and no verbal agreements,provisions or conditions exist with respect thereto. Signed: The Dallas Morning News City of Wylie 508 Young Street Lynn Fagerstroni Dallas,TX 75202-4808 2000 N Highway 78 Wylie. TX 7509S BY: BY: NAME: LISA VIRGOE NAME: TITLE: CLASSIFIED RECRUITMENT ADVERTISING DIRECTOR TITLE: DATE: DATE: Page 2 of 2 FURTHER CONDITIONS OF THIS CONTRACT 1. The Publisher reserves the right to edit or reject any advertising tendered under this contract. 2. Payment by Advertiser must be made in Dallas,Texas,and shall be made not later than the 15th of the month for space billed in the preceding calendar month.The Publisher and Advertiser agree that this contract is performable in Dallas County,Texas. Any amount not paid in full by the due date will be considered overdue and incur interest at a rate of 1.5%per month or the maximum amount permitted by law,whichever is less 3. The rates of Publisher as set forth in this Agreement are based upon an assumed classification for the advertising being placed.If at any time the Publisher determines that the advertising being placed does not qualify for the rates set forth,then Publisher shall notify Advertiser that any further inserts run pursuant to this agreement shall be run at a revised rate.Advertiser agrees to pay to Publisher the revised rate for any insertions run after Advertiser has received notice that the rate has been revised and has been advised of the amount of the revised rate.If the advertiser chooses not to pay the revised rate,then the Advertiser must so advise Publisher before any additional insertions are run.If the Advertiser gives notice to Publisher that Advertiser will not pay the revised rate,then this Agreement shall be terminated and the parties shall have no further liability to each other except for amounts owing for advertising run prior to Publisher's receipt of such notice from Advertiser. Upon contract termination,all advertising will be billed at the appropriate rate card rates. 4. Advertisements are to be inserted in accordance with the Publisher's rules of composition,position,and shape. 5. If the Advertiser specifies position,then the Advertiser agrees to pay the rate for such specific position provided the desired position is available.The Publisher does not agree to accommodate a request for a specified position.If a specified position requested by an Advertiser is not available,then the Publisher may position the copy in any position according to the Publisher's rules of composition,position and shape unless the Publisher is notified in writing by the Advertiser that the copy is to be printed only in the specified position and the Advertiser agrees to pay the applicable rate of any copy printed in other than the specified position. 6. In the event the Advertiser fails to make payment as agreed,the Publisher and Advertiser agree that Publisher may at any time discontinue the advertising of Advertiser and cancel this contract.Cancellation of the contract shall in no way affect the obligation of the Advertiser to pay amounts due at the time of cancellation. 7. In case of omission or error in an advertisement as presented,the Publisher shall not be liable for damages,but in such event the Advertiser's sole remedy shall be that the Advertiser shall not be liable for the entire cost of the advertisement. The publisher will determine the%of effective cost due to error and reduce the entire cost of the ad by this%amount. Publisher is the sole judge. 8. Advertising running consecutively will be carried until new copy is furnished or the advertising is ordered suspended.All orders changing copy or suspending an advertisement must be made in writing. 9. In the event of default or other breach of the Advertiser in the undertaking herein,and suit thereon,Advertiser agrees to pay all attorneys fees and costs incurred by Publisher. 10. While this contract is in effect,should any conditions arise which affect the cost of newspaper operation such as,imposition by the Government of a sales tax or increased material or production costs,the Publisher reserves the right to increase the advertising rates named on the reverse side hereof or incorporated, herein by reference.In such event,however,the Publisher must give the Advertiser at least thirty(30)days'notice thereof and if such increase is not satisfactory to the Advertiser,then the Advertiser shall have the privilege of canceling this contract. 11. Advertiser represents and warrants that the material provided by Advertiser for publication in accordance with this Agreement is true,accurate,and correct. Advertiser agrees to indemnify and hold harmless Belo and its directors,officers,agent and employees against and from all claims,exposure,liability,loss,or damage,including reasonable attomey's fees,alleged to be caused by or arising wholly or in part out of the publication of advertiser's material hereunder. 12. This contract made and entered into under Publisher's current published schedule of rates in effect on the date hereof and by reference such schedule is expressly made a part hereof.Advertiser assumes responsibility for acquainting Advertiser with such current published schedule of rates and Advertiser agrees that Advertiser shall be deemed to know such current published schedule of rates. 13. Advertiser agrees to submit to Publisher in writing,all claims of errors in the statement of account submitted by Publisher within thirty(30)days of billing date.All such claims not submitted shall be considered waived. 14. In the event that Publisher's form"Application for Credit"has been completed and submitted by Advertiser in connection with this contract,Advertiser warrants that the information contained therein is true and correct,and agrees that the making of any false statements therein constitutes a material breach of this agreement. 15. Any Application for Credit executed by Advertiser is hereby made a part of this Contract and incorporated herein fully by reference. 16. The Advertiser,and the person signing in Advertiser's behalf if any,warrants they have the authority to make and sign this agreement. 17. The Advertiser agrees to assume liability for and make payment for all advertising published pursuant hereto in the event the Advertiser's business is sold, merged or otherwise transferred,until such time as a contract is entered into between Publisher and the new owner. 18. Space contracts and frequency contracts are automatically renewed for successive periods of one(1)year rates in effect at time of renewal.Either party may decline such renewal by written notice to the other thirty days prior to the expiration date of the current contract.One-time frequency contracts will not be renewed automatically. CITY OF WYLIE Item No. G. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22, 2005 Originating Department: Parks Prepared By: Jim Holcomb Account Code No.#: Date Prepared: March 10, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon award of bid to A New Deal Irrigation for the installation of irrigation systems in Sage Creek North Park and Cimarron Estates Park in the amount of$51,200.00. RECOMMENDED ACTION: Staff recommends award of bid. SUMMARY: The 2005 fiscal year budget, as approved by Council, includes funding for the installation of irrigation systems in Sage Creek North Park and Cimarron Estates Park. The allocation is split between the General Fund operating budget and the Parks Acquisition and Improvement Fund. The cost of the Sage Creek North project ($11,356) will be paid from the Parks & Recreation budget line item for Land Betterments (100-5511- 58150). The Parks A& I Fund (line item 121-5623-58150) will cover the Cimarron Estates project ($39,844). Staff has solicited competitive sealed bids in accordance with Chapter 252 of the Texas Local Government Code. The following bids have been submitted: Sage Creek North Cimarron Estates Total A New Deal Irrigation: $11,356.00 $39,844.00 $51,200.00 Canyon Creek Irrigation $11,795.00 $40,670.00 $52,465.00 Irricon $16,840.00 $41,950.00 $58,790.00 Nature's Outlook of Texas $18,849.65 $63,821.60 $82,671.25 APPROVED BY: Initial Date Department Director: JH \ 3/10/05 City Manager: MBR \ 3/18/05 AND, INC. A "NEW DEAL" IRRIGATION IRRIGATION SPECIALISTS P.O. BOX 1089 WYLIE,TEXAS 75098 (972)442-4077 FAX(972)442-5527 March 8, 2005 City of Wylie Purchasing Department 2000 Highway 78 North Wylie, TX 75098 Project: Sage Creek North Park Re: Irrigation As per plans and specifications TOTAL PROPOSED PRICE $11,356.00 Project: Cimarron Estates Park Re: Irrigation 1 V-12 As per plans and specifications TOTAL PROPOSED PRICE $39,844.00 kAii) .7?"' 7X0eibytir-id 51.ft d►41 31 91oS— IRRIGATION IN TEXAS IS REGULATED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION P.O. BOX 13087,AUSTIN TEXAS 787 1 1-3087 A. Sprinkler Mains: Test sprinkler main only for a period of twelve (12)to fourteen (14) hours under normal pressure. If leaks occur, replace joint or joints and repeat test. B. Complete tests prior to backfilling. Sufficient backfill material may be placed in trenches between fittings to insure stability of line under pressure. In each case, leave fittings and couplings open to visual inspection for full period of test. 3.10 FINAL ADJUSTMENT After installation has been completed, make final adjustment of sprinkler system in preparation for final inspection. Completely flush system to remove debris from lines and turning on system. Check sprinklers for proper operation and proper alignment for direction of flow. Check each section of spray heads for operating pressure and balance to other sections by use of flow adjustment and top of each valve. Check nozzling for proper coverage. Prevailing wind conditions may indicate that arch of angle of spray should be other than shown on drawings. In this case, change nozzles to provide correct coverage. END OF SECTION BID SUBMITTAL TOTAL BID AMOUNT FOR SAGE CREEK NORTH PARK PROJECT: $ I I i Z9S' 00 6 9url174+>J TOTAL BID AMOUNT FOR CIMMARON ESTATES PARK PROJECT: $ '{0 1170.00 r S 00 F61/144J4;) BIDDER NAME AND ADDRESS: eil'AlOAI Crag 1 rrIG,TD 106710 Cr R• V tf , 1 ij0,'J 7n440, AUTHORIZED SIGNATURE: TELEPHONE: 97 Z'' till 2,-075.3 City of Wylie 02810-6 Irrigation A. Sprinkler Mains: Test sprinkler main only for a period of twelve (12)to fourteen (14) hours under normal pressure. If leaks occur, replace joint or joints and repeat test. B. Complete tests prior to backfilling. Sufficient backfill material may be placed in trenches between fittings to insure stability of line under pressure. In each case, leave fittings and couplings open to visual inspection for full period of test. 3.10 FINAL ADJUSTMENT After installation has been completed, make final adjustment of sprinkler system in preparation for final inspection. Completely flush system to remove debris from lines and turning on system. Check sprinklers for proper operation and proper alignment for direction of flow. Check each section of spray heads for operating pressure and balance to other sections by use of flow adjustment and top of each valve. Check nozzling for proper coverage. Prevailing wind conditions may indicate that arch of angle of spray should be other than shown on drawings. In this case, change nozzles to provide correct coverage. END OF SECTION BID SUBMITTAL TOTAL BID AMOUNT FOR SAGE CREEK NORTH PARK PROJECT: $ 76, S 90. bo TOTAL BID AMOUNT FOR CIMMARON ESTATES PARK PROJECT: $ `?,', 9SD - BIDDER NAME AND ADDRESS: /i i /G()/V PC /v . i x 7f-0 4/lc o' /. AUTHORIZED SIGNATU . TELEPHONE: 472- 2-6, c 2-3i/9 (5#AH/b 411SGiL,) l )qo City of Wylie 02810-6 Irrigation A. Sprinkler Mains: Test sprinkler main only for a period of twelve (12)to fourteen (14) hours under normal pressure. If leaks occur, replace joint or joints and repeat test. B. Complete tests prior to backfilling. Sufficient backfill material may be placed in trenches between fittings to insure stability of line under pressure. In each case, leave fittings and couplings open to visual inspection for full period of test. 3.10 FINAL ADJUSTMENT After installation has been completed, make final adjustment of sprinkler system in preparation for final inspection. Completely flush system to remove debris from lines and turning on system. Check sprinklers for proper operation and proper alignment for direction of flow. Check each section of spray heads for operating pressure and balance to other sections by use of flow adjustment and top of each valve. Check nozzling for proper coverage. Prevailing wind conditions may indicate that arch of angle of spray should be other than shown on drawings. In this case, change nozzles to provide correct coverage. END OF SECTION BID SUBMITTAL TOTAL BID AMOUNT FOR SAGE CREEK NORTH PARK PROJECT: $ l 8 8 `7 9 • TOTAL BID AMOUNT FOR CIMMARON ESTATES PARK PROJECT: $ 673 2 I (7° BIDDER NAME AND ADDRESS: N A L4 C- r-S OAT I-2)bI( of A-S I A)L'- s �"&i✓a k y e 1 s AUTHORIZED SIGNATU — -. TELEPHONE: 9 7 4.1` 6 3 g 8L1 I e ZS City of Wylie 02810-6 Irrigation CITY OF WYLIE Item H. City Secret et H. Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22, 2005 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: Date Prepared: March 9, 2005 Budgeted Amount: Exhibits: Vendor Registration Form AGENDA SUBJECT: Consider and act upon a request from Jason Ridings to use the B.P. Community Center for a"Battle of the Bands" concert April 1, 2005. RECOMMENDED ACTION: Approval SUMMARY: Jason Ridings, Wylie High School student, approached staff at the community center about having a concert he could put together with local bands. Jason would want to charge a fee to enter the community center to watch the concert and he would also want to charge the bands participating. Revenue generated would pay for use of the facility, rental of equipment, and prizes for participants. Staff recommends that in addition to our staff, an off-duty police officer be on site during the concert. The off-duty police officer would need to be paid by the event organizer, Jason Ridings. At the February 28, 2005 Parks and Recreation Board Meeting, the Board approved the request for Mr. Ridings to have the concert with the staff stipulation that an off-duty police officer be on site during the event. APPROVED BY: Initial Date Department Director: RD \ 3/9/05 City Manager: /IJB \ CITY O Fc/Yl I E �1 . CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name: Jason Ridings Location: Wylie community center Address: 1008 Lynda Ln Wylie,Tx 75098 Date(s): 4/1/2005 Phone No. (972)442-6797 Start Time 5pm set up and the concert starts at 6 pm Alternate Phone No.: (214)797-1986 End Time: The concert will end at 10 pm and we will have an hour of cleanup Contact Person Name: Number of individuals vending items: 0 Address: Target Audience: 16-19 Phone No.: Anticipated number in attendance at event: 100-120 Alternate Phone No.: Specific items to be sold: tickets for$2.00 as prize for the winning Emergency Contact Name: Ken Ridings band. All proceeds go to the winning band. Address: 1008 Lynda Ln Wylie,Tx 75098 I will also be charging the bands$26 to help with the rental and to Phone No. (214)202-7110 pay for the PA system. Alternate Phone No.: Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city. CITY OF WYLIE Item No. 1 Cuy Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22. 2005 Originating Department: Plannine and Zonine Prepared By: Claude Thomason Account Code No. #: Date Prepared: March 9, 2005 Budgeted Amount: Exhibits: _ AGENDA SUBJECT: Hold a public hearing and consider a change in zoning from Agriculture (A) to Planned Development (PD) District for single-family residential uses. ZC 2005-04 RECOMMENDED ACTION: The Planning and Zoning Commission voted 6-1 to recommend approval of the requested rezoning, with the stipulation that the minimum house size be increased to 2,400 square feet. Approval requires a simple majority. SUMMARY: Owner: Charles Rice Applicant: Skorburg Company The property totals 185.1449 acres, west of FM 544/South Stone Road and north of Vinson Road. The property was annexed into Wylie on September 28, 2004. Notification/Responses—No responses from five (5) notifications mailed. Comprehensive Plan— • Recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential (1 ac lots). Requested residential density does not comply with the Comprehensive Plan. • Eliminates 0.4 ac NS(zoned such since 1985), complying with proposed revisions to Comp Plan. Planned Development zoning is not justified, and the applicant has not demonstrated why development cannot be accomplished through standard zoning districts. The request offers limited innovations other than reduction of adopted plan and code requirements, and the property offers no constraints and is of sufficient size and flexibility to efficiently accommodate the development recommended by the Comp Plan. APPROVED BY: Initial Date Department Director: CT 3/9/05 City Manager: A'l4( \ .3A‘Ass— ORDINANCE NO. 2005-13 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, ZONING CASE NUMBER 2005-04, TO PLANNED DEVELOPMENT (PD) DISTRICT FOR SINGLE- FAMILY RESIDENTIAL USES; 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, 1'hXAS: 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 Planned Development (PD) District for single- family residential uses, said property being described in Exhibit "A", Exhibit "B" and Exhibit "C" 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. Ordinance#2005-13 Zoning Case#2004-05 1 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 1.5 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 22nd day of March, 2005. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance#2005-13 Zoning Case#2004-05 2 Exhibit "A" Legal Description Zone Change#2005-04 BEING a 185.1449 acre tract of land situated in the E.M. Price Survey, Abstract No. 725, the D.W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E.M. Price Survey, Abstract No. 1114, Dallas County, Texas, said tract being all of a 53.42 acre tract of land and a 134.33 acre tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co., recorded in Volume 561, Page 226, Deed Records, Collin County, Texas (D.R.C.C.T.) save and except parcels take for road rights-of-way and being more particularly described as follows: BEGINNING at a 1/2" iron rod found for corner and being the intersection of the Westerly line of said 134.33 acre tract of land with the Northerly line of Vinson Road (a 60' ROW) said intersection point being at the most easterly corner of Twin Creeks Estates, an addition to the City of Wylie, recorded in Volume 72, Page 808, Map Records, Dallas County, Texas; THENCE N 47 degrees 41 minutes 51 seconds West, along an old fence line, and on the Easterly line of said Twin Creek Estates, a distance of 1276.47 feet to a 1/2" iron rod found for corner; THENCE N 47 degrees 43 minutes 58 seconds West, continuing along said old fence line, and on said Twin Creek Estates easterly line, a distance of 360.95 feet to a '/2" iron rod found for corner; THENCE northwesterly, along an old fence line, the following three (3) calls: 1. THENCE N 47 degrees 01 minutes 33 seconds West, a distance of 218.23 feet to a '/2" iron rod found for corner; 2. THENCE N 47 degrees 31 minutes 52 seconds West, a distance of 404.96 feet to a 1/2" iron rod found for corner; 3. THENCE N 47 degrees 18 minutes 48 seconds West, a distance of 327.40 feet to a'/2" iron rod found for corner and being the most northerly corner of a tract of land conveyed by deed to Larry Morgan, recorded in Volume 1449, Page 264, D.R.C.C.T.; THENCE S 48 degrees 28 minutes 56 seconds West, along a new fence and remains of old fence, and the Northwesterly line of said Larry Morgan tract of land, a distance of 262.83 feet to a 3/8" iron rod found for corner; THENCE S 34 degrees 24 minutes 05 seconds West, continuing on a new fence line and the Northwesterly line of said Larry Morgan tract of land to a point in an old fence line, a distance of 115.79 feet to a '/2"iron rod set for corner; Ordinance#2005-13 Zoning Case#2004-05 3 THENCE northerly, along an old fence line and along the meanderings of a creek bluff the following nine (9) calls: 1. THENCE N 16 degrees 10 minutes 57 seconds West, a distance of 184.51 feet to a 3/8" iron rod found for corner; 2. THENCE N 10 degrees 56 minutes 33 seconds East, a distance of 60.71 feet to a 3/8" iron rod found for corner; 3. THENCE N 14 degrees 46 minutes 10 seconds West, a distance of 37.08 feet to a 3/8" iron rod found for corner; 4. THENCE N 26 degrees 15 minutes 15 seconds West, a distance of 200.07 feet to a 3/8" iron rod found for corner; 5. THENCE N 23 degrees 31 minutes 48 seconds West, a distance of 56.70 feet to a 3/8" iron rod found for corner; 6. THENCE S 79 degrees 02 minutes 43 seconds West, a distance of 98.71 feet to a '/2" iron rod set for corner; 7. THENCE N 14 degrees 51 minutes 31 seconds West, a distance of 228.87 feet to a '/2" iron rod set for corner; 8. THENCE N 03 degrees 51 minutes 19 seconds W, a distance of 77.26 feet to a '/2" iron rod set for corner; 9. THENCE N 01 degrees 22 minutes 06 seconds E, a distance of 120.14 feet to an 18" Elm tree found for corner also serving as fence corner and being a point on the southerly line of said D. W. Williams Survey; THENCE easterly, along an old fence line, along the South line of said D.W. Williams Survey, the following four (4) calls: 1. THENCE S 89 degrees 46 minutes 03 seconds E, a distance of 659.55 feet to a '/2 inch iron rod set for corner; 2. THENCE S 89 degrees 51 minutes 16 seconds E, a distance of 212.12 feet to a '/2 inch iron rod found for corner; 3. THENCE S 89 degrees 38 minutes 47 seconds E, a distance of 1135.88 feet to a 3/8" iron rod found for corner; 4. THENCE S 89 degrees 56 minutes 14 seconds E, a distance of 168.67 feet to a '/2" iron rod found for corner; THENCE North, a distance of 532.51 feet to a'/2" iron rod found for corner; THENCE S 88 degrees 01 minutes 19 seconds E, a distance of 19.78 feet to a 3/8" iron rod Ordinance#2005-13 Zoning Case#2004-05 4 found for corner and being a point in a Public road; THENCE North, a distance of 1786.75 feet to a '/2" iron rod found for corner and being a point on the South line of the A. Atterberry Survey, Abstract No. 23, said point also being the Northeast corner of a tract of land conveyed by deed to Darlene Ceilley, recorded in Volume 5020, Page 2287, and also being in a tract of land conveyed by deed to Michael Hood, recorded in County Clerk's File No. 95-0056731, D.R.C.C.T.; THENCE East along the South line of said A. Atterberry Survey, and along the south line of said Hood tract of land, a distance of 1220.11 feet to a '/2" iron rod found for corner, and being a point on the Westerly line of Farm to Market Road 544 (a 90' ROW); THENCE along the westerly line of said Farm to Market Road 544 the following eight (8) calls: 1. THENCE S 04 degrees 31 minutes 19 seconds E, passing a wooden right-of-way marker at a distance of 208.24 feet and continuing for a total distance of 211.90 feet to a '/2" iron rod set for corner and being the beginning of a non-tangent curve to the right having a central angle of 04 degrees 57 minutes 44 seconds, a radius of 2819.79 feet and a chord which bears S 02 degrees 02 minutes 28 seconds E, a distance of 244.14 feet; 2. THENCE southeasterly, along the said curve to the right, a distance of 244.21 feet to a 1/2" iron rod found for corner and being the end of said curve; 3. THENCE S 00 degrees 28 minutes 42 seconds W, a distance of 1217.75 feet to a '/2" iron rod set for corner; 4. THENCE S 00 degrees 52 minutes 55 seconds E, a distance of 108.89 feet to a 3/8" iron rod found for corner and being the beginning of a cutback line in said Farm to Market 544 westerly line; 5. THENCE S 44 degrees 16 minutes 48 seconds W, a distance of 37.41 feet to a '/2" iron rod set for corner; 6. THENCE S 00 degrees 52 minutes 55 seconds E, passing the common property line of said 134.33 acre and 53.42 acre at a distance of 20.00 feet and continuing for a total distance of 40.00 feet to a '/2" iron rod set for corner; 7. THENCE S 44 degrees 27 minutes 55 seconds E, a distance of 38.48 feet to a'/2" iron rod set for corner; 8. THENCE S 00 degrees 52 minutes 55 seconds E, a distance of 1926.55 feet to a '/2" iron rod set for corner; THENCE S 48 degrees 20 minutes 46 seconds W, a distance of 65.70 feet to a '/2" iron rod set for corner; THENCE N 88 degrees 30 minutes 46 seconds E, a distance of 133.60 feet to a '/2" iron rod set for corner and being a point on a County Public Access Road; Ordinance#2005-13 Zoning Case#2004-05 5 THENCE S 47 degrees 02 minutes 55 seconds E, along said County Public Road, a distance of 136.82 feet to a '/2" iron rod set for corner; THENCE S 89 degrees 59 minutes 18 seconds W, along the North line of a tract of land conveyed by deed to Bill Kreymer in Volume 222, Page 423 of the Deed Records, Dallas County, Texas, a distance of 372.73 feet to a '/2" iron rod set for corner; THENCE S 36 degrees 59 minutes 18 seconds W, along the Northwesterly line of a dedicated portion of Vinson Road and the Northwesterly line of said Kreymer tract of land, a distance of 1094.11 feet to a '/2" iron rod set for corner and being the Northwesterly corner of said Bill Kreymer tract of land and the Southwesterly corner of said 134.33 acre tract of land; THENCE N 46 degrees 12 minutes 49 seconds W, crossing Vinson Road, a distance of 175.74 feet to the POINT OF BEGINNING and containing 8,064,912 square feet or 185.1449 acres of land. Ordinance#2005-13 Zoning Case#2004-05 6 Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Braddock Place Zoning Case#2005-04 Planned Development Requirements: I. Statement of Purpose: The purpose of this Planned Development District is to permit the development of BRADDOCK PLACE. II. Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein; III. General Regulations: All regulations providing for a Village Center District as set forth in Section 3.3 Village Residential Districts of the current Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the conditions of the current Comprehensive Zoning Ordinance, which are not amended by this Planned Development, shall constitute all the zoning requirements applicable to this Planned Development. Concept Plan: Development shall be in conformance with the Concept Plan attached herewith; however, in the event of conflict between the Concept Plan and the written conditions of this ordinance, the written conditions shall apply. Subsequent Submittals: A Development Plan shall be submitted for public hearing review and approval of the Planning and Zoning Commission and City Council. The Development Plan shall conform to the approved Concept Plan and conditions of the Planned Development, and shall serve as the Preliminary Plat. IV. Specific Regulations: i. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling units permitted in this Planned Development shall not exceed 600 S.F. Units. In the event the Parks Department accepts the proposed Park depicted on the Zoning Exhibit the maximum number of units shall be reduced to 500 units. In the event Wylie ISD elects to construct a school on the proposed school site depicted on the Zoning Exhibit, the maximum number of units shall be reduced to 560 units. In the event the school and park are both developed according to the Zoning Exhibit, the maximum number of units shall be 460. 2. Lot Mix: A minimum of 10% of the Single Family Lots will be in excess of 12,000 sf. A minimum of 60% of the Single Family Lots will be 10,000 sf or greater. No Single Family lot shall be less than 7,500. For the purposes of determining these percentages, all calculations shall be on a cumulative basis. 3. Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single Family Lot. This can be accomplished either through swing driveways or alleys. However, when three car garages are constructed on a lot and a "2&1" configuration is used, the single car door may face the street. Garages may face the street on a corner lot side yard. 4. Distribution of the Single Family Dwelling Unit types shall be distributed within the development as shown on the Development Plan/Preliminary Plat submitted with each phase. ii. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type "A": 10,000 s.f b. Lot Type `B": 7,500 s.f. 2. Lot Width: The minimum permitted lot widths (measured at the building line) are: a. Lot Type"A": 70 feet b. Lot Type`B": 65 feet 3. Lot Width of Corner Lots: The minimum lot widths of corner lots (measured at the building line) are: a. Lot Type "A": 75 feet b. Lot Type `B": 70 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type "A": 100 feet b. Lot Type `B": 100 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type "A": 120 feet b. Lot Type `B": 120 feet 6. Minimum Dwelling Unit Square Frontage: The minimum permitted square footage is 2400 s.f. 7. Main Structure Front Yard: The minimum Front Yard Setbacks are: a. Lot Type"A": 25 feet b. Lot Type `B": 20 feet 8. Main Structure Side Yard: The minimum permitted side yards (measured at the building line) are: a. Lot Type "A": 10% lot width b. Lot Type "B": 10% lot width 9. Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type "A": 15 feet b. Lot Type`B": 15 feet 10. Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type "A": 20 feet b. Lot Type `B": 20 feet 11. Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type "A": 30 feet b. Lot Type`B": 30 feet 12. Main Structure Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 13. Permitted uses: Permitted in all Single Family Residential Districts shall include the uses specified in the SF 8.5/17 District. 14. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 15. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 16. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10%of the lot depth for all lot types. 17. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 18. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are 10 feet for all lots. 19. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 20. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed a 600 s.f. maximum. This does not limit amenity centers that are part of a single family development. 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 36 feet or 2 stories on all lot types. V. Single Family Base and Desirable Requirements of the Village Residential District (Figure 3-14) shall apply fully to all phases of the Planned Development. 1.A landscaped berm and split rail fence shall be allowed along FM 544 in place of the required masonry screening wall. The berm shall be planted with a combination of hardwood and evergreen trees, irrigated by an underground system, and grassed with Bermuda, buffalo, or a rye/Bermuda mix. All open space areas will be maintained by the HOA. VI. Common Area Platting: All street medians, green belts and common areas not dedicated to the City must be maintained by the HOA, and shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. VII. Tree Preservation: Toward the goal of preserving as many existing trees (8 in. caliper or larger) possible, a tree management plan provided by the owner as preserves at least 25% of the riparian tree cover shall be approved by the director of planning prior to commencement of any grading or infrastructure or improvements within the area of this Planned Development. VIII. Landscape Zone: In an effort to preserve the agricultural heritage of the Rice farm, as indicated by the existing fence line trees, the developer shall preserve all hardwood trees with a caliper of 8 inches or greater located within an edge zone that extends 3 feet from perimeter property line. IX. Screening and Landscape: A screening and landscape berm with split rail fence shall be provided along FM 544 in lieu of the brick screening wall . The berm shall have a sculpted, undulating form. A conceptual landscape plan to be provided with the Preliminary Plat. X. Transition Zone: In an effort to make a land use transition from the existing homes in the Twin Creek Ranch Subdivision, the developer shall establish an edge, one lot deep, of lots along the south western property line of this development that have a minimum lot size of 10,000 square foot and a minimum house size of 2,400 sf. In an effort to make a land use transition from the existing Pulliam residence north of the Property, the developer shall: (1)Establish an edge, one lot deep, of lots along the northern property line of this development that have a minimum lot size of 12,000 square foot and a minimum house size of 2,400 sf. and (2) Create a thirty foot (30') landscape buffer between the Pulliam property and Braddock Place that will be planted with evergreen trees thirty feet (30') on center along the edge of the property. XI. Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ownership and maintenance of all non- dedicated common areas and improvements within the Planned Development District, shall be filed with the Building Inspections Department. XII. Amenity Centers: The developer will construct an amenity center in the Subdivision. The amenity center will feature a pool, playground, and cabana. The amenity centers will be for the residents of Braddock Place only and be maintained by the HOA. XIII. The Developer of the Braddock Place has met with the Wylie Independent School District and discussed the following terms for an elementary school site in Braddock Place: i. 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'• e : 1 `.°.r,.,' * i \ •• \os . ' .'!" • \ ‘, , .. 1 : i \ '• e i . . • . : 1 • 1 i \ •. '• eK. 1 i \ • •'•,.:7N 1 • .).i . i \ e*.C. ••• '` \,* 1 , / •k , 1 . I rZ11].. , L f" 35' MIN. ~ SPLIT RAIL FENCE i L- 4:1 s.Y SLOPE' 4'-5' is. j SUBJECT ! ! • !'PROPERTY i i <Y % .1 BERM DETAIL 30' OPEN SPACE WITH ;j E' \'�• NTS I CEDARS • 30' 0.C. j 1 VICINITY MAP {jj (OR OTHER EVERGREENS) t INTS I l ►t i ! 't jl 80' TYP (70' MINI 65' TYP (65' MIN) ! _•-•-•-•-•- _-_,4i j j 1 20' 20' i ! ( : R PELA L 1 ► i Y '2 'z •i I , I �I ! 1 I 15 I I� �. 1 : I • 1 ////�////_ .;sI -.I 7' OR 10% IO -.I •.-6.5' OR 10% Io I '-� 11 *i i I i 5 I� I I� i S /''�/,.,__ 11 POTENTIAL I AL i !xp I S ELEMENTARY % j , I IN I f I-o ! E SCHOOL SITE % / ';+.,,�;e i I 25' FRONT I� ( 20' FRONT I^ Latt.DRI r ----.-: - -� - -= }.._.•. i%i I TYPE A TYPE Bp/i.,_..+._._•_._._-_.�'' :j •3 i! TYPICAL LOT DIMENSIONS PARK . x+i! NTS i t ` 4 i l r�• ' 1 ' 4 11 • * A MINIMUM OF 60% OF THE TOTAL LOTS MUST y' r ✓ " '.-.---1 411 BE 10,000 SF, OR TYPE 'A' LOTS. • ,f ,� - I 4 0• I 4e * MAXIMUM HEIGHT • 36 FT i ._..1- ili ! !I' 8• ,ice,, . ! i ,• ,, • . ,, I 1 1 I 1 I I 1 I 1 i i j i i i i i ,, 1 f i i ! i i i i • i i i i i I I ! , ., i 41 i I ----------� % IEtI, i ) ;> PARK _.'.....;,-,,,„,,,,,a.'"*:--'"-- i i �.• ',, _� i ;i i \ \ i 4'• .,. al*VP .., > . • A4 \ // ..41110, -\ COLLIN C,Q(MTY' _ I , •\ 4, \ 4.i' �;i ♦'\ T DALLAS COUNT ' .., s O W I ..I.._._.L iij .�'.\ .i'• ice, • \\ .,,•\•. `�►0, • 1. ALL COMMON AREAS, INCLUDING BERMS ALONG FM 544, ARE • �T'',, v '''�"O TO BE MAINTAINED BY HOA. '9 2. 10•f. OF THE TOTAL LOTS WITHIN THE SUBDIVISION SHALL BE ' G •;" �i ,' " A MINIMUM OF 12,000 SF. '`-\ 4k. I 3. MINIMUM LOT SIZES OF 12,000 SF SHALL BE REQUIRED ADJACENT . `j' / TO THE 30' OPEN SPACE AT THE NORTH EDGE OF THE TRACT. ,' .___' ___A' 400' 800' 4. MINIMUM LOT SIZES OF 10,000 SF SHALL BE REQUIRED ALONG ' THE SOUTHWESTERN PROPERTY LINE OF THE TRACT. i . I I SCALE: I' s 400' PREPARED FOR: PREPARED BY: BRADDOCK PLACE SKORBURG COMPANY KENNEDY CONSULTING, INC. ZONING EXHIBIT 3838 OAK LAWN AVE., SUITE 1212 808 S. COLLEGE ST., SUITE 300 :185.2 ACRE TRACT DALLAS, TX 75219 214-522-4945 MCKINNEY, TX 75069 972-542-1754 WYLIE, TEXAS NOTIFICATION REPORT APPLICANT: Ryan Betz of Skorburg Company APPLICATION FILE #2005-04 3838 Oak Lawn Dallas, Texas 75220 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- Ryan Betz 3838 Oak Lawn 1 Skorburg Company Dallas, Texas 75220 Dallas County PO Box 9790 2 Abst 1114 --- 65111431510050000 CMH Parks Inc. Maryville, TN 37802-9790 210 S. McDonald Street 3 FM 544 Collin Co. Commissioner's Court McKinney, Texas 75069 210 S. McDonald Street 4 Elm Drive Collin Co. Commissioner's Court McKinney, Texas 75069 Allen Clemson 411 Elm Street, 2nd Floor 5 Vinson Road Dallas County Commissioners Court Administrator Dallas, Texas 75202 6 7 8 9 10 11 12 13 14 15 16 17 18 CITY OF WYLIE Item No. 2 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22, 2005 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No.#: Date Prepared: March 9, 2005 Standards of Care, Memo, Budgeted Amount: Exhibits: Ordinance AGENDA SUBJECT: Hold a Public Hearing and consider and act upon an Ordinance adopting the Standards of Care for Youth Programs. RECOMMENDED ACTION: Staff recommends approval. SUMMARY: Since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly and adopted as an ordinance. The ordinance and Standards of Care provides the necessary guidelines for the regulation of the summer youth program,the Wylie Wave, as legislated by the Texas Senate Bill 212, Section 42.041 (b)(14). APPROVED BY: Initial Date Department Director: RD \ 3/ /05 City Manager: \ /6 4T City of Wylie Parks and Recreation Department Memo To: Office of the City Manager From Robert Diaz,Assistant Superintendent Date: 3/3/2005 Re: Adoption of Standards of Care for Wylie Youth Programs In order to establish youth programs, it will be necessary for the Wylie City Council to adopt an ordinance establishing a standards of care for youth programs that complies with the 1995 Senate Bill 212. The Senate Bill 212 states the following: Section 42.041 (b)(14) Elementary age(ages 5-13)recreation programs operated by a municipality; provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs and that such standards are provided to the parents of each program participant. Such ordinances shall include at a minimum,staff ratios, minimum staff qualification, minimum facility and safety standards, and mechanisms for monitoring and enforcing the adopted local standards,further, provided that parents be informed the program is not licensed by the state and the program not be advertised as a childcare facility. The above legislation determines that the City will become exempt from any licensing from the Texas Department of Protective and Regulatory Services if the standards of care establishes the following: 1. Staff Ratios 2. Minimum Staff Requirements 3. Minimum facility, health,and safety standards 4. Monitoring and enforcement mechanisms for adopted local standards 5. A process to notify parents that the program is not licensed by the State 6. A policy that the program will not be advertised as a childcare facility I am submitting a copy of the standards of care that will comply with the Senate Bill 212 and be a standard that will be used for all youth programs run by the Wylie Parks and Recreation Department. •Page 1 ORDINANCE NO.2005-XX AN ORDINANCE OF THE CITY OF WYLIE ADOPTING STANDARDS OF CARE FOR THE CITY OF WYLIE YOUTH PROGRAMS. WHEREAS, the City of Wylie will be establishing a history of providing youth programs that contribute to the overall well being of Wylie youth and families; and WHEREAS, a hearing before the City Council was set for March 22, 2005, such date being at least 7 days after publication of the notice of such public hearing; said notice appearing in the Wylie News on March 16, 2005; and WHEREAS, the intent of the City is to adopt Standards of Care for its youth programs that fulfill the requirements of Senate Bill 212 as it amends Section 42.041 of the Texas Human Resource Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. The Wylie Youth Programs' Standards of Care as detailed in Attachment "A" are hereby adopted. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 22nd day of March, 2005. Mayor Attest: City Secretary Date of publication in The Wylie News-March 16,2005 Ordinance No.2005-XX Standards of Care for Wylie Youth Programs STANDARDS OF CARE WYLIE YOUTH PROGRAMS The following Standards of Care will be adopted by the City Council of the City of Wylie, Texas in order to comply with Senate Bill 212 as approved by the Texas Legislature during the 74th legislative session. The Standards of Care are intended to be minimum standards by which the City of Wylie Parks and Recreation Department will operate the City's Youth Programs. The programs operated by the City are recreational in nature and are not day care programs licensed by the State of Texas. GENERAL ADMINISTRATION 1. Organization A. The governing body of the City of Wylie Youth Programs is the Wylie City Council. B. Implementation of the Youth Programs Standards of Care is the responsibility of the Parks and Recreation Department Managing Director and Departmental employees. C. Youth Programs ("Program")to which these Standards of Care will apply is the Wylie Wave Summer Youth Program. D. Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. E. Parents of participants will be provided a current copy of the Standards of Care during the registration process. F. Criminal background checks will be conducted on prospective Youth Program employees. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (1) a felony or a misdemeanor classified as an offense against a person or family; (2) a felony or misdemeanor classified as public indecency; (3) a felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (4) any offense involving moral turpitude; 1 (5) a felony or misdemeanor classified as DWI (driving while intoxicated) or DUI (driving under the influence); (6) any offense that would potentially put youth participants or the City of Wylie at risk. 2. Definitions A. City: City of Wylie B. City Council: City Council of the City of Wylie C. Department: Parks and Recreation Department of the City of Wylie D. Youth Programs or Program: City of Wylie Youth Programs consisting of the Wylie Wave Summer Youth Program and future youth programs. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Wylie Youth Programs. F. Director: City of Wylie Community Services Director or his or her designee. G. Assistant Superintendent: City of Wylie Parks and Recreation Department full-time employee who has been assigned administrative oversight responsibility for the City's Youth Programs. H. Program Coordinator: City of Wylie Parks and Recreation Department full-time Recreation Supervisor has been assigned administrative responsibility for the Wylie Wave Summer Youth Program. I. Site Supervisor, Assistant Site Supervisor and Program Leader: City of Wylie Parks and Recreation Department seasonal part-time employees who have been assigned responsibility to implement the City's Youth Programs. J. Program Site: Area and facilities where Wylie Youth Programs are held consisting of a Wylie Independent School District(W.I.S.D.) facility (i.e. Burnett Jr. High). K. Participant: A youth whose parent(s)have completed all required registration procedures and determined to be eligible for a Wylie Youth Program. 2 L. Parent(s)/Legal Guardian: This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren) in the Wylie Youth Programs. M. Employee(s): Term used to describe people who have been hired to work for the City of Wylie and have been assigned responsibility for managing, administering, or implementing some portions of the Wylie Youth Programs. 3. Inspections/Monitoring/Enforcement A. A monthly inspection report will be initiated by the Site Supervisor of each Program to confirm the Standards of Care are being adhered to. (1) Inspection reports will be sent to the Assistant Superintendent for review and kept on record for at least two years. (2) The Assistant Superintendent will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The Assistant Superintendent will make visual inspections of the Program based on the following schedule: The Wylie Summer Youth Program will be inspected twice during its summer schedule. C. Complaints regarding enforcement of the Standards of Care will be directed to the Coordinator. The Coordinator will be responsible to take the necessary steps to resolve the problems. The Assistant Superintendent will record complaints regarding enforcement of the Standards of Care and their resolution. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Director of Community Services (or their designee) and the complaint and the resolution will be noted. D. The Assistant Superintendent will make an annual report to the City Council on the overall status of the Youth Programs and their operation relative to compliance with the adopted Standards of Care. 3 4. Enrollment A. Before a child can be enrolled, a parent/legal guardian must sign registration forms that contain the child's: (1) name, address, home telephone number; (2) name and address of parents and telephone number during Program hours; (3) the names and telephone numbers of people to whom the child can be released; (4) a statement of the child's special issues or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; and (7) a liability waiver. 5. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Supervisor. The Superintendent will immediately notify the Police Department and any other agency as may be appropriate. Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. 4 STAFFING -RESPONSIBILITIES AND TRAINING 6. Youth Program Coordinator("Coordinator") Qualifications A. Coordinators will be full-time, professional employees of the Wylie Parks and Recreation Department and will be required to have all Program Leader qualifications as outlined in Section 7 of this document. B. Coordinators must be at least 21 years old. C. Coordinators must have a bachelor's degree from an accredited college or university. Acceptable degrees include: (1) Recreation Administration or General Recreation; (2) Physical Education; or (3) Any other comparable degree plan that would lend itself to working in a public recreation environment. D. Coordinators must have two years experience planning and implementing recreational activities. E. Coordinators must pass a background investigation including testing for illegal substances. F. Coordinators must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation(CPR) based on either American Heart Association or American Red Cross standards. G. Coordinator must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. 7. Coordinator's Responsibilities A. Coordinators are responsible to recommend for hire, supervise, and evaluate the Site Supervisor, Asst. Site Supervisors and Program Leaders. B. Coordinators are responsible to plan, implement, and evaluate programs. 5 8. Youth Program Leader/Site Supervisor/Assistant Site Supervisor("Leader") Qualifications A. Leaders will be part-time or temporary employees of the Parks and Recreation Department. B. Leaders working with children must be age 16 or older; however, each site will have at least one employee 18 years old or older present at all times. C. Leaders should be able to consistently exhibit competency, good judgement, and self-control when working with children. D. Leaders must relate to children with courtesy, respect,tolerance, and patience. E. Leaders must have successfully completed a course in first aid and CPR based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. F. Leaders must pass a background investigation including testing for illegal substances. G. Leaders must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. 9. Leader Responsibilities A. The Site Supervisor is responsible to administer the Programs' daily operations in compliance with the adopted Standards of Care. B. Leaders will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. C. Leaders will be responsible to know and follow all City, Departmental, and Program standards,policies, and procedures that apply to Wylie Youth Programs. D. Leaders must ensure that participants are released only to a parent or an adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Leader. 6 10. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Coordinators will provide each Leader with a Program manual specific to each Youth Program. B. Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council. C. Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees will be trained in appropriate procedures to handle emergencies. E. Program employees will be trained in areas including City, Departmental, and Program policies and procedures,provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgement that they received the required training. OPERATIONS 11. Staff-Participant Ratio A. In a Wylie Youth Program,the standard ratio of participants to Leaders will be 15 to 1. In the event a Leader is unable to report to the Program site, a replacement will be assigned. B. Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special problems as identified by the participant's parent/legal guardian during the registration process. 12. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. B. There must be no cruel or harsh punishment or treatment. 7 C. Program employees may use brief, supervised separation from the group if necessary. D. As necessary, Program employees will initiate discipline reports to the parent/legal guardian(s) of participants. Parent/legal guardian(s)will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E. A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in a participant being suspended from the Program. F. In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. 13. Programming A. Program employees will attempt to provide activities for each group according to the participants' ages, interests, and abilities. The activities must be appropriate to participants'health, safety, and well being. The activities also must be flexible and promote the participants' emotional, social, and mental growth. B. Program employees will attempt to provide that indoor and outdoor time periods include: (1) alternating active and passive activities; (2) opportunity for individual and group activities; and (3) outdoor time each day weather permits. C. Program employees will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the Program. (1) During trips, Program employees supervising participants must have immediate access to emergency medical forms and emergency contact information for each participant. (2) Program employees must have a written list of the participants in the group and must check the roll frequently. (3) Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips. 8 14. Communication A. Each Program site will have a pager/cell phone to allow the site to be contacted by City personnel, and each site will have access to a telephone for use in contacting the City personnel or making emergency calls. B. The Program Site Supervisor will post the following telephone numbers adjacent to a telephone accessible to all Program employees at each site: (1) Wylie emergency medical services and police department. (2) Numbers at which parents/staff may be reached; and (3) The telephone number for the site itself. 15. Transportation A. Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent/legal guardian of the participant must be filed with the Program Site Supervisor. B. First aid supplies and a first aid and emergency care guide will be available in all Program vehicles that transport children. C. All Program vehicles used for transporting participants must have available a 6-BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. 9 FACILITY STANDARDS 16. Safety A. Program employees will inspect Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the Coordinator. B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants' use. D. Program employees must have first aid supplies and a first aid and emergency care guide readily available to staff at each site, during transportation to an off-site activity, and for the duration of any off-site activity. E. Program air conditioners, electric fans, and heaters must be mounted out of participants'reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be equipped with railing participants can reach. G. All swing seats at Program sites must be constructed of durable, lightweight, relatively pliable material. 17. Fire A. In case of fire, danger of fire, explosion, or other emergency, Program employees' first priority is to evacuate the participants to a designated safe area. B. The Program site will have an annual fire inspection by the local Fire Marshall, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Assistant Superintendent who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Assistant Superintendent's annual report to the Council. C. Each Program site must have at least one fire extinguisher approved by the Fire Marshal readily available to all Program employees. 10 D. Fire drills will be initiated at Program sites based on the following schedule: (1) Wylie Wave Summer Youth Program: A fire drill twice during the session. 18. Health A. Illness or Injury (1) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if: (1) Parent/Legal Guardian(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. (2) Prescription medications are in the original containers labeled with the child's name, date, directions, and the physician's name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. (3) Nonprescription medications are labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. 11 (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. No injections will be administered by the Program employees. (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator(when available), medications will be kept separate from food. C. Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed. (2) There must be one flush toilet for every 30 children. Urinals may be counted in the ratio of toilets to children,but they must not exceed 50%of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. D. Sanitation (1) The Program facilities must have adequate light, ventilation, and heat. (2) The Program must have an adequate supply of water meeting the standards of the Texas Natural Resource Conservation Commission for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from buildings daily. 12 CITY OF WYLIE Item No. 3. Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: 03-22-05 Originating Department: Police Department Prepared By: Jeff Butters Account Code No. #: Date Prepared: 03-01-05 Budgeted Amount: Exhibits: Proposed Ordinance AGENDA SUBJECT: Consider and act upon an Ordinance repealing Ordinance Nos. 77-5 and 95-8; regulating and defining itinerant merchants, itinerant vendors, solicitors, handbill distributors and persons selling or taking orders for goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines; providing for a permit or certificate of registration and applicable fees. RECOMMENDED ACTION:Approval SUMMARY: The proposed Handbill/Solicitation Ordinance addresses several issues that the current "Peddlers and Solicitors" and "Handbills" ordinances did not adequately address. The Ordinances were also combined because of their relationahip to one another and for convenience of reference. HANDBILLS The proposed ordinance has the following changes: +Better defines handbills by including and defining religious and political handbills. +Requires a permit to distribute handbills + Sets the time allowed to distribute handbills from 9 a.m. — 7 p.m. +Will not allow someone to get one type of handbill permit (religious) and distribute a different type of handbill (commercial) using the same permit. +Prevents handbills from being distributed in uninhabited houses. +Prevents children under age 13 from distributing handbills unless supervised by an adult. +Requires handbills to have the name, address, and phone number of the sponsor. +Eliminates distributing handbills from public right of way. APPROVED BY: Initial Date Department Director: JB \ 3/1/0 City Manager: ,t/d, \ 3 7! j 1 AGENDA SUBJECT: Consider and act upon an Ordinance repealing Ordinance Nos. 77-5 and 95-8; regulating and defining itinerant merchants, itinerant vendors, solicitors, handbill distributors and persons selling or taking orders for goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines; providing for a permit or certificate of registration and applicable fees. SUMMARY: (Continued) SOLICITATION The proposed ordinance has the following changes: + Solicitation is more broadly defined. + Changes solicitation hours from 9 a.m. — 9 p.m. to 9 a.m. — 7a.m. +Permitting responsibility is changed from the City Secretary to the Police Chief. + Allows us to issue permits for time periods of less than one year. +Makes it unlawful to solicit for purposes other than those stated in the certificate of registration. +Makes it unlawful for solicitors to indicate that the permit constitutes an endorsement or approval by the City. +Makes it unlawful to solicit at residences where residents have posted a NO SOLICITING card or sign. +Makes it unlawful to peddle, solicit, sell or exhibit merchandise in public right-of-way. + Child solicitors under age 13 must be supervised. +Details grounds for denial of a permit. +Details an appeals process for denied permits. +Exempts the regular delivery or selling of newspapers. + Defines Non-Profit Charitable organizations. +Waves the registration statement and fee for charitable non-profits such as Girl Scouts. + The registration statement requires much more information than our current application. +Raises the permit fee from, $30 for the first application and $15 for subsequent applications, to $75 per application (non-refundable). 2 ORDINANCE NO.2005-XX AN ORDINANCE OF THE CITY OF WYLIE REPEALING ORDINANCE NOS. 77-5 AND 95-8; REGULATING AND DEFINING ITINERANT MERCHANTS, ITINERANT VENDORS, SOLICITORS, HANDBILL DISTRIBUTORS AND PERSONS SELLING OR TAKING ORDERS FOR GOODS, WARES, MERCHANDISE, SERVICES, PHOTOGRAPHS, NEWSPAPERS,MAGAZINES OR SUBSCRIPTIONS TO NEWSPAPERS OR MAGAZINES; PROVIDING FOR A PERMIT OR CERTIFICATE OF REGISTRATION AND APPLICABLE FEES; PROVIDING EXCEPTIONS THERETO; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, REPEALING AND SAVING CLAUSES; PROVIDING FOR THE PUBLICATION OF THIS CAPTION HEREOF AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of the City of Wylie, Texas ("Wylie") to prevent potential traffic hazards resulting from unauthorized use of the public right-of-way and city property; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid loitering and keep the right-of-way clear from unauthorized activity to prevent citizens from feeling threatened or being distracted by persons located outside their vehicle while driving as a means of crime prevention and to prevent accidents; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid and prevent littering within the city; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid loitering and unwanted solicitation or visitors on private property to prevent citizens from feeling threatened while on private property and as a means of crime prevention; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid certain obstructions in the right-of- way that may interfere with emergency services; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to insure a noncommercial atmosphere in residential areas; WHEREAS, there are many locations throughout Wylie that are zoned for commercial activity or are a public forum for expression; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create appropriate and orderly commercial and residential atmospheres; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to maintain the privacy of the home and limit what an occupant must be unwillingly exposed to relative to the enjoyment of the investment made in the home; WHEREAS,the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to enhance property values and psychological well-being for individuals and families; WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS,the City Council has investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to repeal Ordinance Nos. 77-5 and 95-8. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: ARTICLE I GENERAL PROVISIONS SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: ORDINANCE NOS. 77-5 AND 95-8 REPEALED. Wylie Ordinance Nos. 77-5 and 95-8 are repealed in their entirety and replaced by this Ordinance for the sole purpose of consolidating the rules and regulations relating to solicitation and the distribution of handbills. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance Nos. 77-5 and 95-8 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance Nos. 77-5 and 95-8 occurring before the effective date of this Ordinance. 2 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) SECTION 3: DEFINITIONS. A. The following words and phrases, when used in this Ordinance, shall have the meaning ascribed to them by this Section: 1. Business day means any calendar day except Saturday, Sunday or any local, state, or national holiday. 2. Charitable purpose shall mean philanthropic, religious or other nonprofit objectives,including the benefit of poor,needy,sick,refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans' association or organization;the benefit of any fraternal,social or civil organization,or the benefit of any educational institution. "Charitable purpose"shall not be construed to include the direct benefit of the individual making the solicitation or construed to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law. 3. City or Wylie means the City of Wylie, Texas. 4. City Manager means the City Manager of the City of Wylie,Texas,or his/her designee. 5. Consumer means an individual who seeks or acquires real or personal property, services, money, or credit for personal, family or household purposes. 6. Consumer transaction means a sales transaction in which one(1)or more of the parties is a consumer. 7. Handbill means and includes any printed or written matter, any sample or devise,dodger,circular,leaflet,pamphlet,paper,booklet,or any other printed or otherwise reproduced original copies of any matter or literature,except for religious handbills or political handbills. 8. Handbill,political means any handbill containing exclusively political speech as the term "political speech" is generally defined under the legal jurisprudence of the State of Texas and the United States of America. 9. Handbill, religious means any handbill containing exclusively religious speech as the term "religious speech" is generally defined under the legal jurisprudence of the State of Texas and the United States of America. 3 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) 10. Handbill distributor means and includes any person engaging or engaged in the business for hire or gain of distributing handbills,other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills. 11. Handbill sponsor means and includes any person, firm or corporation who utilizes handbills as a medium of advertising or spreading a message. 12. Home solicitation transaction means a consumer transaction for the purchase of goods, services, or realty,payable in installments or in cash, in which the merchant engages in a personal solicitation of the sale to the consumer at a residence,in person or by telephone,and the consumer's agreement of offer to purchase is given at the residence to the merchant either in person or by telephone. A home solicitation transaction shall not include a sale made pursuant to a preexisting revolving charge account or retail charge agreement, or a sale made pursuant to prior negotiations between the parties at a business establishment, at a fixed location, where goods or services are offered or exhibited for sale; or a sale of realty in which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker. 13. Individual or person shall mean an individual, a group of two (2) or more individuals, proprietorship, partnership, corporation, limited liability company, association or other legal entity. 14. Job placement activities means any request, offer, enticement, or action which announces the availability for or of employment or seeks to secure employment. As defined herein,"job placement activities"shall be deemed complete when made whether or not an actual employment relationship is created. 15. Merchant means a party to a consumer transaction other than a consumer. 16. Resident means any separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure. 17. Solicit funds or solicitation of funds or solicitation shall mean any home solicitation transaction; any request for the donation of money, property, or anything of value, or the pledge of a future donation of money, property, or anything of value; or the selling, or offering for sale, or the purchasing, or offering to purchase,of any property,real or personal,tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets,tickets,publications or subscriptions to publications. Expressly excluded from the meaning of"solicit funds" or "solicitation of funds" or 4 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) "solicitation"is any offers of membership in any organization. A solicitation of funds is complete when the solicitation is communicated to any individual then located within the corporate limit of the city. B. All terminology used in this Ordinance and not specifically defined above,shall retain its meaning in conformance with applicable publications of the American National Standards Institute(ANSI) or its successor body and/or the latest volume of Webster's Collegiate Dictionary. SECTION 4: UNLAWFUL SOLICITATION AND HANDBILL DISTRIBUTION. A. Solicitation Permit Required. No person,directly or through an agent,shall canvass or solicit in person from house to house in the city to sell or attempt to sell goods, merchandise, wares, services or anything of value or to take or attempt to take orders for the future delivery of goods,merchandise,wares,or any personal property of any nature whatsoever,or take or attempt to take orders for services to be furnished or performed in the future, without first having a written permit therefor, unless the solicitation is for charitable purposes. B. Handbill Distribution Permit Required. It shall be unlawful for any person,directly or through an agent or employee to distribute or cause to be distributed,deposited,placed,thrown,cast, scattered,handed out or circulated any handbill in or upon any premises within the corporate limits of the city without first having obtained a written permit for such distribution. C. Certificate of Registration Required. It shall be unlawful for any person,directly or through an agent or employee,to solicit funds for charitable purposes within the corporate limits of the city without first having obtained a certificate of registration for such solicitation. It shall further be unlawful for any person, as the agent or employee of another, to solicit funds for charitable purposes within the corporate limits of the city unless his principal or employer has received a certificate of registration. D. Prohibited Hours. It shall be unlawful to solicit funds or distribute handbills,political handbills or religious handbills after 7:00 p.m. and before 9:00 a.m. E. Expiration of Permit/Certificate of Registration. It shall be unlawful for any person, directly or through an agent or employee,to solicit funds or distribute handbills after the expiration of any permit or certificate of registration issued as hereinafter provided. F. Compliance with Application/Registration Statement. It shall be unlawful for the person registering or applying, or the agents or employees thereof, to solicit funds or distribute handbills for a purpose other than that set out in the registration statement or application upon which the certificate of registration or permit was issued. G. No Endorsement by City. It shall be unlawful for any person who shall solicit funds or distribute handbills in the city to represent that the issuance of a certificate of registration or permit by the city constitutes an endorsement or approval of the solicitation or distribution by the city or its officers or employees. 5 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) H. Uninhabited/Vacant Premises. It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill, political handbill or religious handbill in or upon any premises which are temporarily or continuously uninhabited or vacant. I. Inhabited Premises. It shall be unlawful for any person to distribute or cause to be distributed,deposited,placed,thrown,cast,scattered,handed out or circulated any handbill,political handbill or religious handbill upon any premises which are inhabited and not otherwise posted as provided for in Subsection J below, except by handing or transmitting such handbill, political handbill or religious handbill directly to the owner,occupant,or any other person then present in or upon such premises. J. Premises(Posted Card). It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill, political handbill or religious handbill upon any premises if requested not to do so by the owner, occupant, or any other person then present in or upon such premises, or if there is placed on such premises in a conspicuous place upon or near the main entrance to the residence,a card as provided in Section 9 (Exhibiting Card Prohibiting Solicitation and Handbills of any Type). K. Pasting,Posting,Attaching Prohibited. It shall be unlawful for any person to paste, stick, tack or place any handbill, political handbill or religious handbill upon any house, wall, building, fence,railings,pole street sign, sidewalk or other property,public or private,without the permission of the owner or the person in charge thereof Should permission be granted pursuant to this Subsection,all other laws,rules and regulations shall be complied with regarding the placement of the handbill,political handbill or religious handbill. L. Handbill Sponsor Information Required. It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill in any place,under any circumstances, which does not have printed on the cover, front or back thereof, the name, address and telephone number of the handbill sponsor who caused the same to be distributed;provided,however,that in the case of a fictitious person or club,in addition to such fictitious name, the true name(s) and address(s) of the owner(s), manager(s), or agent(s) for the fictitious person or club sponsoring such handbill shall also appear thereon. M. Depositing on or in Vehicles Prohibited. It shall be unlawful for any person to throw, deposit,distribute or cause to be distributed or attached any handbill,religious handbill or political handbill in or upon any vehicle;provided,however,it shall not be unlawful in any public place for a person to hand out or distribute,without charge to the receiver thereof,a handbill,religious handbill or political handbill to an occupant of a vehicle who is willing to accept it. N. Use of Public Right-of-Way. It shall be unlawful for any person to:(i)peddle,solicit, sell,offer or exhibit for sale any merchandise or service,whether for profit,for a charitable purpose or otherwise;(ii)distribute handbills,political handbills or religious handbills whether for profit,for a charitable purpose or otherwise; or (iii) solicit funds, donations, contributions, employment, business or a ride, whether for profit, for a charitable purpose or otherwise, upon any public 6 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) sidewalk, street, street right-of-way, median, traffic island, parkway, or other public right-of-way within Wylie. SECTION 5: SUPERVISION OF CHILD SOLICITORS. It shall be unlawful for any person to use children thirteen(13)years of age or less for any type of solicitation or handbill distribution purposes unless the children are actively supervised by an adult individual at least eighteen (18) years of age, who has obtained the permit or certificate of registration required by this Ordinance,or is the agent of the individual who obtained the permit or certificate of registration. In all cases the supervising adult shall be within one hundred(100)yards of the child solicitor. SECTION 6: PERMIT OR CERTIFICATE OF REGISTRATION - GROUNDS FOR DENIAL OR REVOCATION. Failure to comply with any of the provisions of this Ordinance shall constitute grounds for denial or revocation of any permit or certificate of registration sought to be issued or issued in accordance with the provisions of this Ordinance. SECTION 7: PERMIT OR CERTIFICATE OF REGISTRATION - APPEAL FROM DENIAL OR REVOCATION. Should an applicant or registrant be denied a permit or certificate of registration, or have a permit or certificate of registration revoked,he/she may appeal that action to the City Manager by submitting a letter within ten(10) days of the denial or revocation. Upon receipt of the letter, the City Manager shall review the appeal and render a decision within seven(7)days to reject the action complained of and order that the permit or certificate of registration be granted or reinstated or uphold the denial or revocation. Should the City Manager uphold the denial or revocation, he/she shall schedule a hearing before the City Council at a regular or special meeting within thirty (30) days of the appeal request. The City Council shall render a decision on the appeal within seven(7) days of the date of the hearing. Such hearing shall be an administrative hearing, and adherence to formal rules of evidence shall not be required. The decision of the City Council shall be final. SECTION 8: AFFIRMATIVE DEFENSE AND EXEMPTION. A. It shall be an affirmative defense to prosecution under this Ordinance if the person is occupying the public right-of-way for the purpose of selling newspapers or publications of other printed material which deal with the dissemination of information or opinion;however,this defense is not available if said act occurred upon the paved surface or shoulder of any public street,highway or road. B. The provisions of this Ordinance shall not apply to: i) the regular delivery of newspapers or magazines or other items which have been subscribed to by the persons receiving them or by occupants of the premises to which they are delivered; ii) the interruption of service notices by utility companies;iii)the distribution of mail by the United Sates government;and iv)the 7 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) service of any lien foreclosure or governmental notices of any character distributed by the City of Wylie or any other governmental entity. SECTION 9: EXHIBITING CARD PROHIBITING SOLICITORS AND HANDBILL DISTRIBUTORS. A. A person desiring that no merchant or other person engage in solicitation, a home solicitation transaction, or distribution of handbills, political handbills or religious handbills at his/her premises shall exhibit,in a conspicuous place upon or near the main entrance to the premises, a weatherproof card,not less than three(3) inches by four(4) inches in size bearing the words"no trespassing", "no peddlers", "no advertisements", "no solicitation", "no handbills", or any similar notice indicating in any manner that the occupants of such premises do not desire to be molested or to have their right of privacy disturbed,or to have a handbill of any type left upon the premises. The letters on such cards shall be not less than two-thirds(2/3) of an inch in height. B. Every person upon going onto any premises shall first examine the premises to determine if any notice prohibiting soliciting or handbill, political handbill or religious handbill distribution is exhibited upon or near the main entrance to the premises. If notice prohibiting soliciting or handbill, political handbill or religious handbill distribution is exhibited, the person shall immediately depart from the premises without distributing,placing, or depositing any type of handbill or disturbing the occupant,unless the visit is the result of a request made by the occupant. C. No person shall go upon any premises and ring the doorbell,or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the premises,for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a solicitation or distribution transaction,if a card,as described in this Section,is exhibited in a conspicuous place upon or near the main entrance to the premises,unless the visit is the result of a request made by the occupant. D. No person,other than the owner or occupant of the premises,shall remove,deface,or render illegible, a card placed by the occupant pursuant to this Section. E. Any merchant or person who has gained entrance to a premises,or audience with the occupant,whether invited or not,shall immediately depart from the premises without disturbing the occupant further when requested to leave by the occupant. 8 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) ARTICLE II CHARITABLE SOLICITATION SECTION 10: EXCEPTIONS. The provisions of this Article II shall not apply to: 1. The solicitation of funds for charitable purposes by any organization or association from its members. 2. The solicitation of funds for charitable purposes by a person when such solicitation occurs on premises owned or controlled by the person soliciting funds or with the permission of the person who owns or controls the premises, when previously invited to the premises for the solicitation. 3. The issuance of any announcement or advertisement that charitable solicitation will occur or which announces or advertises an event at which unannounced charitable solicitation will occur. SECTION 11: REGISTRATION STATEMENT. A. All persons desiring to solicit funds for charitable purposes in the City shall file with the City's Police Department a registration statement,on forms provided by the City,containing the following information: 1. The name of the person registering and desiring to solicit funds for charitable purposes. 2. Whether the person registering is a natural person,partnership,corporation or association, and: a. If a natural person, the business or residence address and telephone number must be given. b. If a partnership,the names of all partners and the principal business address and telephone number of the partnership and the address and telephone number of each partner must be given. c. If a corporation, the person registering must: i) state whether it is organized under the laws of the State of Texas or is a foreign corporation; ii) show the mailing address and telephone number of the principal place of business;iii)show the mailing address,business location, telephone number and name of the individual in charge of the Wylie office of such corporation,if any; iv)state the names of all 9 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) officers and directors or trustees of such corporation; and v) if a foreign corporation, state the place of incorporation. d. If an association, the registration statement must: i) show the association's principal business address, and telephone number, if any;ii)show names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed ten(10)in number,in which case the application shall so state and the person registering may alternatively list the names of principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association;and iii)if the association is part of a multi-state organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office. 3. The names,mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation of funds. 4. The time period within which the solicitation of funds is to be made,giving the date of the beginning of solicitation and its concluding date. 5. A description of the methods and means by which the solicitation of funds is to be accomplished. 6. Approved documentation of the tax exempt status,as described in Section 12 below,of the applicant to justify the solicitation to be for charitable purposes. 7. A statement to the effect that if a certificate of registration is granted, such certificate will not be used or represented to be an endorsement or approval by the city or any of its officers or employees. 8. Each person registering shall provide proof of identification through submission of a valid driver's license or other valid/official photo ID. 9. Any other information which the city deems necessary for the administration of this Article. B. The registration statement must be signed by the applicant if the person registering is an individual;if the applicant registering is a partnership,by the partner charged with disbursing the funds solicited; if the applicant registering is a corporation or an association,by its officer charged with disbursing the funds solicited. The individual signing the registration statement shall sign the statement,swearing that he/she carefully read the registration statement and that all the information contained therein is true and correct. 10 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) C. Information provided by applicant in accordance with the provisions of this Article shall be subject to verification by the Wylie Police Department. Such registration statement shall also be satisfactory written proof of the applicant's authority to represent the partnership, corporation, association or business entity. SECTION 12: REGISTRATION FEE. Every registration statement shall be accompanied by a nonrefundable registration fee of seventy-five dollars ($75.00)to compensate the city for the cost of administering this Article, and such fee will not be refunded if a certificate of registration is not issued. No certificate of registration provided for by this Article shall be issued until such fee has been paid by the applicant registering. However,such registration fee of seventy-five dollars($75.00)shall not be required of a duly authorized,tax exempt,charitable organization registered as such with the Secretary of State for the State of Texas. Proof of such tax exempt status from the Comptroller of the State of Texas or the Internal Revenue Service must be provided to the city. SECTION 13: CERTIFICATE OF REGISTRATION ISSUANCE, DURATION AND FORM. A. After review of the registration statement to determine its compliance with Section 11 above, and within fifteen(15)business days of the receipt of the registration statement,unless it is determined that the applicant has provided false or incomplete information on its application, the Wylie Police Department shall either issue a certificate of registration, or notify the person registering that the registration statement does not comply with the requirements of Section 11 above, and specifically point out what information or explanation has not been furnished that is required before a certificate of registration can be issued. B. Every certificate of registration issued by the city shall expire at the termination of the solicitation period specified in the registration statement or one(1)year from the date of issuance, whichever is less. C. The city shall prescribe the form of the certificate of registration. Each such certificate of registration shall be printed in black except that the following shall be printed prominently thereon in red: "The issuance of this certificate of registration is not an endorsement by the City of Wylie or any of its officers or employees." Each certificate of registration shall bear a registration number which is the same as the file containing the registration statement filed by the registrant. SECTION 14: SOLICITOR'S IDENTIFICATION. A. Each solicitor shall carry with him/her and produce upon request the following authorization and identification: 1. Proof of tax exempt status described in Section 12 or authorization to represent the tax exempt, charitable organization; and 11 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) 2. A copy of the certificate of registration issued by the City of Wylie; and 3. A valid driver's license or other valid/official photo ID. SECTION 15: PUBLIC DISCLOSURE. All registration statements,whether or not a certificate of registration has been issued,shall be a public record and shall be available for inspection by members of the public during regular business hours and copies may be obtained at cost. ARTICLE III NONCHARITABLE SOLICITATION AND HANDBILL DISTRIBUTION SECTION 16: EXCEPTION. The provisions of this Article II shall not apply to a person: 1. Engaged in charitable solicitation and meeting one of the exceptions in Article II, Section 10; 2. Holding a certification of registration as provided in Article II; or 3. Engaged in the distribution of political handbills or religious handbills. SECTION 17: APPLICATION FOR PERMIT. A. Any person desiring to make home solicitation transactions or distribute handbills within the city shall file a written application for a permit to do so with the Wylie Police Department, which application shall show: 1. The name of the person applying and desiring to make home solicitations or distribute handbills; 2. The name of the handbill sponsor if the permit applied for is for distribution of handbills; 3. Whether the person registering is a natural person,partnership,corporation or association, and: a. If a natural person, the business or residence address and telephone number must be given. b. If a partnership,the names of all partners and the principal business address and telephone number of the partnership and the address and telephone number of each partner must be given. 12 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) c. If a corporation, the person registering must: i) state whether it is organized under the laws of the state of Texas or is a foreign corporation; ii) show the mailing address and telephone number of the principal place of business;iii)show the mailing address,business location, telephone number and name of the individual in charge of the Wylie office of such corporation,if any; iv)state the names of all officers and directors or trustees of such corporation; and v) if a foreign corporation, state the place of incorporation. d. If an association, the registration statement must: i) show the association's principal business address, and telephone number, if any;ii)show names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed ten(10)in number,in which case the application shall so state and the person registering may alternatively list the names of principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association;and iii)if the association is part of a multi-state organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office. 4. The names,mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation of funds or distribution of handbills. 5. The time period within which the solicitation of funds or distribution of handbills is to be made,giving the date of the beginning of solicitation and its concluding date. 6. A description of the methods and means by which the solicitation of funds or distribution of handbills is to be accomplished. 7. The names of other communities in which the applicant has made home solicitations or distribution of handbills in the past six(6)months. 8. The nature of merchandise to be sold or offered for sale or the nature of the services to be furnished. 9. Whether such applicant, upon any such order so obtained, will demand, accept or receive payment or deposit of money in advance of final delivery. 10. Each applicant shall provide proof of identification through submission of a valid driver's license or other valid/official photo ID. 13 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) 11. A statement to the effect that if a permit is granted, such permit will not be used or represented to be an endorsement or approval by the city or any of its officers or employees. 12. Any other information which the city deems necessary for the administration of the Article. B. The application must be signed by the applicant, if the person applying is an individual;if the applicant is a partnership,by the partner charged with disbursing the funds solicited or overseeing the handbill distribution; if the applicant is a corporation or an association, by its officer charged with disbursing the funds solicited or overseeing the handbill distribution. The individual signing the application shall sign the application, swearing that he/she carefully read the application and that all the information contained therein is true and correct. C. The application must be accompanied by a copy of a valid states sales tax certificate, if applicable. D. Information provided by applicant in accordance with the provisions of this Article shall be subject to verification by the Wylie Police Department. Such application shall also be satisfactory written proof of the individual's authority to represent the partnership, corporation, association or business entity. SECTION 18: PERMIT FEE. Every application shall be accompanied by a nonrefundable application fee of seventy-five dollars ($75.00)to compensate the city for the cost of administering this Article,and such fee will not be refunded if a permit is not issued. No permit provided for by this Article shall be issued until such fee has been paid by the applicant. SECTION 19: EXEMPTIONS FROM PERMIT FEE. The permit fee required for the issuance of a permit under the provisions of this Article shall not be required of the following: 1. Ordinary commercial travelers who sell or exhibit for sale goods, wares or merchandise to persons selling and dealing in the same within the city. 2. Persons offering for sale agricultural products,meats,poultry or other articles of food grown or produced by such persons. 3. Individuals operating under licenses granted by a state agency. 14 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) SECTION 20: PERMIT ISSUANCE, DURATION AND FORM. A. After review of the application to determine its compliance with Section 17 above, and within fifteen(15)business days of the receipt of the application,unless it is determined that the applicant has provided false or incomplete information on its application, the Wylie Police Department shall either issue a permit, or notify the person applying that the application does not comply with the requirements of Section 17 above, and specifically point out what information or explanation has not been furnished that is required before a permit can be issued. B. A permit requested under this Article shall be issued for the length of time requested, not to exceed six (6)months. C. The city shall prescribe the form of the permit. Each such permit shall be printed in black except that the following shall be printed prominently thereon in red: "The issuance of this permit is not an endorsement by the City of Wylie or any of its officers or employees." Each permit shall bear a permit number which is the same as the files containing the application filed by the applicant. SECTION 21: SOLICITOR'S AND HANDBILL DISTRIBUTOR'S IDENTIFICATION. Each person soliciting and/or distributing handbills shall carry with him/her and produce upon request the following information and identification: 1. Authorization to represent the permittee by holding a copy of the permit issued by the City of Wylie; and 2. A copy of the valid state sales tax certificate, if applicable; and 3. A valid driver's license or other valid/official photo ID. SECTION 22: PUBLIC DISCLOSURE. All applications,whether or not a permit has been issued,shall be public record and shall be available for inspection by members of the public during regular business hours and copies may be obtained at cost. ARTICLE IV JOB PLACEMENT ACTIVITIES SECTION 23: PROHIBITION OF JOB PLACEMENT ACTIVITIES IN UNAUTHORIZED LOCATIONS. A. No person shall engage in or attempt to engage in job placement activities in an unauthorized location. This Section shall not apply to job placement activities concerning 15 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) employment or business for the owner or lawful tenants of the subject premises. B. This Section shall only apply to unauthorized locations where the location has a notice posted in both English and Spanish in a conspicuous place at each entrance and exit to such location not less than eighteen(18)by twenty-four(24)inches in size with lettering not less than one (1) inch in height and not to exceed, in total area, six (6) square feet. The notice shall be in substantially the following form: "It is unlawful to engage in job placement activities on these premises." C. This Article shall override other Ordinances regulating the placement of signage, temporary or permanent, for the purpose of solicitation or job placement in and throughout Wylie. ARTICLE V MISCELLANEOUS PROVISIONS SECTION 24: PENALTY. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense.The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 25: SAVINGS/REPEALING. Except as otherwise stated herein,all provisions of any Wylie ordinances in conflict herewith are repealed to the extent they are in conflict,but such repeal shall not abate any pending prosecution for the violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance; provided, however, Wylie Ordinance Nos. 77-5 and 95-8 shall remain in full force and effect until the effective date of this Ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 26: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect.Wylie hereby declares that is would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections,subsections,sentences,clauses and phrases be declared unconstitutional or invalid. 16 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) SECTION 27: PUBLICATION AND EFFECTIVE DATE. The caption of this Ordinance shall be published in accordance with Wylie's City Charter and applicable law and shall become effective on the tenth(10th) day after such publication. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 22nd day of March 2005. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE ERHLICH, City Secretary DATE(s)OF PUBLICATION: , in the 17 SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8) CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No.#: Date Prepared: March 9, 2005 Budgeted Amount: N/A Exhibits: One AGENDA SUBJECT: Consider, and act upon, an Ordinance of the City of Wylie, Texas establishing a Citizens Bond Advisory Committee; providing for the Scope and Authority of the Committee; providing for the Appointment of its members; and providing for an effective date. RECOMMENDED ACTION: Approve. SUMMARY: At the March 8th Regular Meeting, the City Council directed City Staff to prepare and submit an ordinance for their consideration establishing a Citizens Bond Advisory Committee and setting forth its charge. APPROVED BY: Initial Date Department Director: \ City Manager: /y1 f/C ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING A CITIZENS BOND ADVISORY COMMITTEE (CBAC); PROVIDING FOR THE SCOPE AND AUTHORITY OF THE COMMITTEE; PROVIDING FOR THE APPOINTMENT OF ITS MEMBERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie is considering calling a local bond election for November 2005; WHEREAS, the City Council's desire is to appoint a Citizens Bond Advisory Committee (CBAC) to develop a Bond Program for recommendation to the City Council at its June 21, 2005 Regular Meeting or within ninety (90) days of formation of the CBAC, whichever is earlier; WHEREAS, the CBAC has the responsibility to develop a recommendation regarding the total amount of the bond issuance and the specific projects to be included in the proposition(s) presented to the voters; WHEREAS, bond projects are necessary in order to avoid falling behind in maintaining the city infrastructure, are essential for the city to operate effectively and efficiently, and to better position the city in handling its continued growth; WHEREAS, a successful bond program can demonstrate to potential investors, industrial prospects and to existing businesses considering an expansion that citizens are willing to make investments to improve the community; NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Wylie, Texas, that: SECTION 1. The City Council shall appoint fifteen (15) members to serve on the CBAC, who shall consist of the Chairperson or the Vice-Chairperson or designee if the Chairperson is unable or unwilling to serve from each City Board or Committee including the Wylie Economic Development Corporation but excluding the 4B Board and two (2) members designated by the Mayor and one (1) member designated by each of the remaining City Council members. Said members may or may not be registered voters. The City Council shall appoint a Chair and Vice-Chair to lead the CBAC. The City Manager or designated representative will serve as the staff liaison. SECTION 2. The Citizens Bond Advisory Committee shall meet, at a minimum, four (4) times, according to a schedule established by the CBAC. All meetings shall be conducted in accordance with the Texas Open Meetings Act. SECTION 3. The Citizens Bond Advisory Committee shall be a recommending body with no budget or administrative authority. Ordinance No. Page 2 SECTION 4. The Citizens Bond Advisory Committee is charged with the following: (a) To discuss and consider a list of capital improvement projects for inclusion in a November 8, 2005 bond election. (b) To ensure that the Bond Program is fiscally responsible, adequately addresses current and future critical city needs and is beneficial to all sectors of the community. (c) To make a recommendation(s) to the City Council at the June 21, 2005 Regular Meeting or within ninety (90) days of formation of the CBAC, whichever is earlier about the total amount of the Bond issuance and the specific projects to be included in the proposition(s) presented to the voters. SECTION 5. The City Council reserves the right to amend or deny any recommendation made by the CBAC. SECTION 6. This ordinance shall take effect immediately upon its publication and passage by the City Council of the City of Wylie. DULY PASSED AND APPROVED this 22 day of March, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary CITY OF WYLIE Item No. 6 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22, 2005 Originating Department: Engineering Prepared By: Chris Hoisted Account Code No.#: Date Prepared: March 11, 2005 Budgeted Amount: $3,700,000.00 Exhibits: Bid Summary AGENDA SUBJECT: Consider and act upon award of a contract for the construction of Alanis Drive from SH 78 to Ballard Avenue to Site Concrete in the amount of$3,863,384.66 RECOMMENDED ACTION: Approval SUMMARY: The City of Wylie 1999 Bond program included $3,700,000.00 for the reconstruction of Alanis Drive from SH 78 to South Ballard Avenue in accordance with the City's Thoroughfare Plan. Right of way for the project has been acquired or right of entry has been obtained for all parcels. The construction includes expansion of the roadway to 3-lanes of concrete, a bridge over Muddy Creek, a 12-inch water line, and a signal at the new intersection of Alanis and SH 78. Three alternates were bid for the project which included constructing 2-lanes of pavement vs. 3-lanes of pavement and a 12-inch water line to help serve the Woodbridge development. Site Concrete was the lowest bidder on all three alternates as well as the base bid. Site also bid 275 calendar days for the project completion. The references for the contractor have been contacted and nothing would indicate that they are incapable of fulfilling the requirements of the contract. To date approximately $817,000 has been spent on the project for design and right-of-way acquisition. Funding for the project will be from the 1999 bond funds and water impact fee funds will be used for the intallation of the 12-inch water line. The current balance and future expenditures for the 1999 Street Bond fund is as follows: APPROVED BY: Initial Date Department Director: CH \ 3/11/05 City Manager: M \ -3/6/�tt'- AGENDA SUBJECT: Consider and act upon award of a contract for the construction of Alanis Drive from SH 78 to Ballard Avenue to Site Concrete in the amount of$3,863,384.66 SUMMARY: (Continued) Original Authorization $15,910,000.00 County Funds $ 1,370,446.00 Interest Earned $ 449,395.47 Expended to Date $(8,429,389.17) TOTAL AVAIL. FUNDS $ 9,300,452.30 Remaining 1999 Bond Projects: Alanis Drive (less water line) $ 3,655,841.66 Ballard Avenue $ 3,600,000.00 FM 1378 (City match) $ 1,032,000.00 Traffic Control Imp. $ 515,031.99 Sidewalks $ 450,388.50 TOTAL PROJECT COSTS $ 9,253,262.15 We recommend award of the Base Bid plus Alternate 2 (3-lanes of pavement) and Alternate 3 (12-inch water line)to Site Concrete in the amount of$3,863,384.66. BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 JOHN W.BIRKHOFF,P.E. RONALD V.CONWAY,P.E. GARY C.HENDRICKS,P.E. JOE R.CARTER,P.E. PAUL A.CARLINE,P.E. MATT HICKEY,P.E. DOUGLAS K.SHOWERS,P.E. February 24, 2005 Mr. Chris Hoisted, P.E. City Engineer City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Alanis Drive Paving and Drainage Improvements Recommendation for Award of Contract Dear Mr. Hoisted: We checked the bids received at 2:00 p.m. on February 18, 2005, for construction of Alanis Drive Paving and Drainage Improvements and are returning the original bid documents and bid bonds with this letter. We are also enclosing four(4) copies of the itemized tabulation of bids received for the project. Site Concrete, Inc. of Grand Prairie, Texas, submitted the lowest Base Bid in the amount of$2,455,959.91, the lowest bid for Alternate 1 (24' Pavement)in the amount of$1,071,459.70, the lowest bid for Alternate 2 (36' Pavement) in the amount of$1,251,241.75 and the lowest bid for Alternate 3 (12"Waterline) in the amount of$207,543.00. The deductive bids for continuously reinforced concrete pavement are $39,088.00 for 24' pavement and$51,360.00 for 36' pavement. They also bid the shortest amount of time at two hundred seventy five (275) calendar days to complete the project. We reviewed Site Concrete's experience, equipment list and financial report. They have experience in projects similar in nature to this project. The information we reviewed leads us to believe that they are capable of completing this project. Accordingly,we recommend that the City of Wylie accept the bid of Site Concrete, Inc. and award them a contract for construction of the Alanis Drive Paving and Drainage Improvements project. The amount of the contract will depend on what combination of alternates the City desires to construct at this time. In our opinion the best option would be to award a contract in the amount of$3,863,384.66 for the Base Bid plus Alternate 2 and Alternate 3 with the deduction for continuously reinforced concrete pavement. We are available to discuss this matter at your convenience. Sincerely yours, Joe R. Carter, P.E. Enclosures j_\clerical\wylie\2001-117 alanis p&d\letters\corres\k\recomendaward.doc TABULATION OF BIDS BID OF BID OF BID OF BID OF Date: February 18,2005 Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Site Concrete,Inc. Tiseo Paving Co. JRJ Paving,L.P. Austin Bridge&Road,Inc. Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy Orr Blvd. 419 E.Hwy 80 2277 Masch Branch Road 6330 Commerce Drive,Suite 150 (From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063 Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension Price Extension. Price Extension BASE BID 1 61.6 Sta. Preparation of Right-of-Way,Clearing&Grubbing $2,850.00 $ 175,560.00 $3,000.00 $ 184,800.00 $2,063.40 $ 127,105.44 $1,455.20 $ 89,640.32 2 2,239 S.Y. Remove Reinforced Concrete Pavement $6.75 $ 15,113.25 $7.35 $ 16,456.65 $3.81_$ 8,530.59 $6.26 $ 14,016.14 3 509 S.Y. Remove Asphaltic Concrete Pavement $6.75 $ 3,435.75 $3.15 $ 1,603.35 $3.83 $ 1,949.47 $6.05 $ 3,079.45 4 2,384 S.Y. Furnish&Install Cement Treated Base $18.00 $ 42,912.00 $14.75 $ 35,164.00 $16.80 $ 40,051.20 $9.10 $ 21,694.40 5 250 L.F. Furnish&Install Metal Beam Guard Fence(12 ga.)(Steel Post) $30.00 $ 7,500.00 $31.00 $ 7,750.00 $28.88 $ 7,220.00 $32.89 $ 8,222.50 6 2 Ea. Furnish&Install Guardrail Extruder Terminal $675.00 $ 1,350.00 $2,200.00 $ 4,400.00 $2,058.00 $ 4,116.00 $2,343.82 $ 4,687.64 7 820 L.F. Furnish&Install Portable&Precast Concrete Traffic Barrier $47.50 $ 38,950.00 $50.00 $ 41,000.00 $47.25 $ 38,745.00 $53.81 $ 44,124.20 8 868 L.F. Furnish&Install 3-Strand Barbed Wire Fence $3.00 $ 2,604.00 $5.75 $ 4,991.00 $2.89 $ 2,508.52 $6.19 $ 5,372.92 9 555 L.F. Remove 3-Strand Barbed Wire Fence $2.00 $ 1,110.00, $2.50 $ 1,387.50 $2.25 $ 1,248.75 $5.35 $ 2,969.25 10 1,832 L.F. Remove&Replace 3-Shand Barbed Wire Fence $5.00 $ 9,160.00 $8.00 $ 14,656.00 $4.46 $ 8,170.72 $8.37 $ 15,333.84 t 11 27 L.F. Remove&Replace Wood Rail Fence $100.00 $ 2,700.00 $60.00 $ 1,620.00 $13.91 $ 375.57 $60.23 $ 1,626.21 12 1,572 L.F. Remove&Replace Chain Link Security Fence $18.00 $ 28,296.00 $20.00 $ 31,440.00 $14.44 $ 22,699.68 $16.77 $ 26,362.44 13 2 Ea. Construct 24-ft Wide Security Gate $2,778.30 $ 5,556.60 $2,000.00 $ 4,000.00 $2,701.13 $ 5,402.26 $3,076.27 $ 6,152.54 14 213.5 S.F. Furnish&Install Aluminum Signs(Type"A") $11.25_$ 2,401.88 $11.00 $ 2,348.50 $10.92 $ 2,331.42 $17.94 $ 3,830.19 15 29 Ea. Furnish&Install Small Roadside Sign Assembly(Type"A"Mount) $307.25 $ 8,910.25 $300.00 $ 8,700.00 $378.00 $ 10,962.00 $430.50 $ 12,484.50 16 2 Ea. Furnish&Install Small Roadside Sign Assembly(Type"A")(Rotating)(Special Mount) $523.25 $ 1,046.50 $525.00 $ 1,050.00 $756.00 $ 1,512.00 $861.00 $ 1,722.00 17 9,322 S.Y. Construct Temporary 6-inch Flexible Base Pavement $7.94 $ 74,016.68 $7.65 $ 71,313.30 $9.46 $ 88,186.12 $9.36 $ 87,253.92 18 1,299 L.F. Furnish&Install 18-inch Reinforced Concrete Pipe(Class III) $30.00 $ 38,970.00 $34.00 $ 44,166.00 S33.60 $ 43,646.40 $48.15 $ 62,546.85 19 64 L.F. Furnish&Install 21-inch Reinforced Concrete Pipe(Class III) $39.00 S 2,496.00 $39.00 $ 2,496.00 $38.85 $ 2,486.40 $54.57 $ 3,492.48 20 769 L.F. Furnish&Install 24-inch Reinforced Concrete Pipe(Class III) $39.00 $ 29,991.00 $43.00 $ 33,067.00 $43.05 $ 33,105.45 $59.92 $ 46,078.48 1 21 624 L.F. Furnish&Install 27-inch Reinforced Concrete Pipe(Class III) $43.00 $ 26,832.00 $50.50 $ 31,512.00 $50.40 $ 31,449.60 $67.41 $ 42,063.84 22 1,446 L.F. Furnish&Install 30-inch Reinforced Concrete Pipe(Class III) $49.00 $ 70,854.00 $56.00 $ 80,976.00 $55.65 $ 80,469.90 $74.90 $ 108,305.40 23 807 L.F. Furnish&Install 36-inch Reinforced Concrete Pipe(Class III) $63.00_ $ 50,841.00 $70.50 $ 56,893.50 $70.35 $ 56,772.45 $96.30 $ 77,714.10 24 634 L.F. Furnish&Install 42-inch Reinforced Concrete Pipe(Class III) $82.00 $ 51,988.00 $94.50 $ 59,913.00 $94.50 $ 59,913.00 $125.19 $ 79,370.46 25 131 L.F. Furnish&Install Three 10'x 8'Reinforced Concrete Box Culverts $1,069.20 $ 140,065.20 $865.00 $ 113,315.00 $1,104.60 $ 144,702.60 $1,022.92 $ 134,002.52 26 2 Ea. Furnish&Install Modified Parallel Wingwalls with Apron $27,540.00 $ 55,080.00 $42,000.00 $ 84,000.00 $53,707.50 $ 107,415.00 $49,755.00 $ 99,510.00 27 7 Ea. Furnish&Install 8-ft.Recessed Curb Inlet $2,322.00 $ 16,254.00 $2,125.00 $ 14,875.00 $2,110.50 $ 14,773.50 $1,952.75 S 13,669.25 1:\Wylie\2001-t t7tspecs\terh\ea:as-2.=t: Page 1 of 14 TABULATION OF BIDS BID OF BID OF BID OF BID OF Date: February 18,2005 t Project: CITY OF WYLIE, TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Site Concrete,Inc. Tiseo Paving Co. JILTPaving,L.P. Austin Bridge&Road,Inc. Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy OTT Blvd. 419 E.Hwy 80 2277 Masch Branch Road 6330 Commerce Drive,Suite 150 (From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063 i Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension Price Extension ' Price Extension s 28 9 Ea. Furnish&Install 10-ft.Recessed Curb Inlet $2,538.00 $ 22,842.00 $2,350.00 $ 21,150.00 $2,336.25 $ 21,026.25 $2,166.75 $ 19,500.75 1 29 11 Ea. Furnish&Install 12-ft.Recessed Curb Inlet $2,700.00 $ 29,700.00 $2,575.00 $ 28,325.00 $2,572.50 $ 28,297.50 $2,380.75 $ 26,188.25 1 30 8 Ea. Furnish&Install I4-ft.Recessed Curb Inlet $2,970.00 $ 23,760.00 $3,075.00 $ 24,600.00 $3,071.25 $ 24,570.00, $2,835.50 $ 22,684.00 31 1 Ea. Fumish&Install 16-ft.Recessed Curb Inlet $3,402.00 $ 3,402.00 $3,300.00 $ 3,300.00 $3,291.75 $ 3,291.75 $3,049.50 $ 3,049.50 32 6 Ea. Furnish&Install 20-ft.Recessed Curb Inlet $5,076.00 $ 30,456.00 $3,700.00 $ 22,200.00 $3,696.00 $ 22,176.00 $3,424.00 $ 20,544.00 r 1 33 1 Ea. Furnish&Install Standard Drop Inlet $1,620.00 $ 1,620.00 $2,000.00 $ 2,000.00 $1,963.50 $ 1,963.50 $1,819.00 $ 1,819.00 34 2 Ea. Furnish&Install 18"Sloped Reinforced Concrete Pipe $1,080.00 $ 2,160.00 $325.00 $ 650.00 $315.00 $ 630.00 $963.00 $ 1,926.00 yt 35 5 Ea. Furnish&Install Type"A"Storm Sewer Manhole $2,808.00 $ 14,040.00 S4,750.00 $ 23,750.00 $4,725.00 $ 23,625.00 $4,066.00 $ 20,330.00 { 36 6 C.Y. Construct Type"C"Sloping Headwall $270.00 $ 1,620.00 $350.00 $ 2,100.00 $346.50 $ 2,079.00 $321.00 $ 1,926.00 i 1 37 420 L.F. Furnish&Install 2-inch PVC Conduit(Sch.40)(Lighting)(Buried) $4.15 $ 1,743.00 $4.00 $ 1,680.00 $3.99 $ 1,675.80 $4.07 $ 1,709.40 p1 38 470 L.F. Furnish&Install 2-inch PVC Conduit(Sch.40)(Signal)(Buried) $4.15 $ 1,950.50 $4.00 $ 1,880.00 _ $3.99 $ 1,875.30 $4.07 $ 1,912.90 C 39 420 L.F. Fumish&Install 4-inch PVC Conduit(Sch.40)(Lighting)(Buried) $6.25 $ 2,625.00 $6.25 $ 2,625.00 $6.04 $ 2,536.80 $6.15 $ 2,583.00 40 470 L.F. Furnish&Install 4-inch PVC Conduit(Sch.40)(Signal)(Buried) $6.25 $ 2,937.50 $6.25 $ 2,937.50 $6.04 $ 2,838.80 $6.15 $ 2,890.50 41 1,040 L.F. Furnish&Install 2-inch Rigid Aluminum Conduit(Lighting)(Structure) $9.75 $ 10,140.00 $9.50 $ 9,880.00 $9.45 $ 9,828.00 $9.63 $ 10,015.20 42 26 Ea. Furnish&Install Ground Pull Box(Electrical) $378.00 $ 9,828.00 $375.00 $ 9,750.00 $367.50 $ 9,555.00 $374.50 $ 9,737.00 43 9 Ea. Fumish&Install TxDOT Type"C"Pull Box(Signal) $415.80 $ 3,742.20 $425.00 $ 3,825.00 $404.25 $ 3,638.25 $411.95 $ 3,707.55 44 1 L.S. Construct Retaining Wall at State Highway 78 $21,600.00 $ 21,600.00 $37,000.00 $ 37,000.00 $3.99 $ 3.99 $42,254.79 $ 42,254.79 45 15,570 L.F. Furnish&Install Sediment Control Fence $1.25 $ 19,462.50 $1.40 $ 21,798.00 $1.31 $ 20,396.70 $1.34 $ 20,863.80 46 15,570 L.F. Remove Sediment Control Fence $0.25 $ 3,892.50 $0.20 $ 3,114.00 $0.16 $ 2,491.20 $0.16 $ 2,491.20 47 40 L.F. Furnish&Install Rock Filter Dams(Type 1) $35.00 $ 1,400.00 $25.00 $ 1,000.00 $18.38 $ 735.20, $18.73 $ 749.20 [ 48 40 L.F. Fumish&Install Rock Filter Dams(Type 1)(Remove) $25.00 $ 1,000.00 $10.00 $ 400.00 $5.25 $ 210.00 $5.35 $ 214.00 1 49 53 S.Y. Construction Entrance/Exit(Type 2) $25.00 $ 1,325.00 $20.00 $ 1,060.00 $13.65 $ 723.45 $13.91 $ 737.23 1 50 53 S.Y. Construction Entrance/Exit(Type 2)(Remove) $15.00 $ 795.00 $5.00 $ 265.00 $3.68 $ 195.04 $3.75 $ 198.75 b 51 5,774 L.F. Design and Provide Trench Safety Systems $1.00 $ 5,774.00 $1.00 $ 5,774.00 $0.11 $ 635.14 $0.11 $ 635.14 52 110 L.F. Construct Drilled Shafts(18-Inch) $42.15 $ 4,636.50 $31.50 $ 3,465.00 $71.40 $ 7,854.00 $29.01 $ 3,191.10 53 772 L.F. Construct Drilled Shafts(36-Inch) $95.05 $ 73,378.60 $94.50 $ 72,954.00 $88.20 $ 68,090.40 $90.47 $ 69,842.84 54 20 L.F. Construct Formed Drilled Shafts(36-Inch) $108.00 $ 2,160.00 $160.00 $ 3,200.00 $120.75 $ 2,415.00 $119.58 $ 2,391.60 55 97 C.Y. Furnish&Install Class"C"Concrete(Abutment) $561.60 $ 54,475.20 $630.00 $ 61,110.00 $462.00 $ 44,814.00 $596.66 $ 57,876.02 J.\wys6Voot-tt7 specs kecMP&Bs-2xls Page 2 of 14 TABULATION OF BIDS BID OF BID OF BID OF BID OF Date: February 18,2005 Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.F. Site Concrete,Inc. Tiseo Paving Co. JRJ Paving,L.P. Austin Bridge&Road,Inc. Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy Orr Blvd. 419 E.Hwy 80 2277 Masch Branch Road 6330 Commerce Drive,Suite 150 (From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063 Item Approximate Unit Bid Unit Bid Unit Bid - Unit Bid No. Quantities Unit Description Price Extension Price Extension Price Extension Price Extension _ 56 94 C.Y. Furnish&Install Class"C"Concrete(Bent) $561.60 $ 52,790.40 $700.00 $ 65,800.00 S534.45 $ 50,238.30 $607.58 $ 57,112.52 57 23,972 S.F. Furnish&Install Bridge Reinforced Concrete Slab $14.05 $ 336,806.60,. $15.00 $ 359,580.00 $12.60 $ 302,047.20 $11.42 $ 273,760.24 58 3,750 L.F. Furnish&Install Prestressed Concrete Beam(Type IV) $118.80_ $ 445,500.00 $110.00 $ 412,500.00 S115.50+$ 433,125.00 $107.39 $ 402,712.50 59 2,442 S.Y. Furnish&Install Concrete Surface Treatment $2.15 S 5,250.30 $1.25 $ 3,052.50 $1.47 $ 3,589.74 $0.90 $ 2,197.80 60 230 C.Y. Furnish&Install Rip Rap(Concrete)(Class"B")(5-Inch)(RR8) $259.20 $ 59,616.00 $255.00 $ 58,650.00 $310.80 $ 71,484.00 $302.49 $ 69,572.70 61 509 L.F. Furnish&Install Traffic Rail(C201)(Galvanized Steel)(Bridge) $69.15 S 35,197.35 $71.50 $ 36,393.50 $73.50_ $ 37,411.50 $87.31 $ 44,440.79 62 517 L.F. Furnish&Install Traffic Rail(C201)(MOD)(Galvanized Steel)(Bridge) $69.15 $ 35,750.55 $71.50 $ 36,965.50 $74.55 $ 38,542.35 $87.32 $ 45,144.44 63 300 L.F. Furnish&Install Traffic Rail(C201)(Galv.Steel)(Culvert)(Ret.Wall) $69.15 S 20,745.00 $65.00 $ 19,500.00 $72.45 $ 21,735.00 $87.31 $ 26,193.00 64 507 L.F. Furnish&Install Steel Pedestrian Railing $88.55 $ 44,894.85 $80.00 $ 40,560.00 $131.25 $ 66,543.75 $90.59 $ 45,929.13 65 145 L.F. Furnish&Install Sealed Expansion Joint(SEJ-A)(4-Inch) $75.60 $ 10,962.00 $95.00 $ 13,775.00 S98.70 $ 14,311.50 $99.68 $ 14,453.60 66 92 C.Y. Furnish&Install Structural Approach Slab(Class"C")(10-Inch) $259.20_$ 23,846.40 $300.00 $ 27,600.00 $334.95 $ 30,815.40 $325.42 $ 29,938.64 67 1 Ea. Adjust Existing Water Meter Manhole Frame&Cover $750.00_$ 750.00 $2,000.00 $ 2,000.00 $1,905.75 $ 1,905.75 $1,284.00 $ 1,284.00 68 6 Ea. Adjust Existing Sanitary Sewer Manhole Frame&Cover $1,000.00 S 6,000.00 $2,000.00 $ 12,000.00 $1,905.75 $ 11,434.50 $1,284.00 $ 7,704.00 69 3 Fa. Adjust Existing Water Valve Box $500.00 $ 1,500.00 $300.00 $ 900.00 $ - $214.00 $ 642.00 70 1 Ea. Relocate Existing Water Valve&Hose Bibb S500.00 $ 500.00 $1,000.00 $ 1,000.00 $997.50 $ 997.50 $1,284.00 $ 1,284.00 71 II Fa. Remove Existing Small Drainage Structures(24"or Less) $750.00 $ 8,250.00 $575.00 $ 6,325.00 $567.00 $ 6,237.00 $321.00 $ 3,531.00 72 I L.S. Remove&Reconstruct Glen Knolls Signs&Planter Boxes $2,000.00 $ 2,000.00 $12,500.00 $ 12,500.00 $7,500.00 $ 7,500.00, $5,979.14 $ 5,979.14 73 10 Mos. Furnish,Install&Maintain Barricades,Signs&Traffic Handling $2,500.00 $ 25,000.00 $2,000.00 $ 20,000.00 $18,000.00 $ 180,000.00 $23,916.59_$ 239,165.90 74 2 Ea. Furnish&Install Project Sign $550.00 $ 1,100.00 $500.00 $ 1,000.00 $750.00 $ 1,500.00 $1,434.99 $ 2,869.98 75 70 L.F. Furnish&Install 2-Inch PVC-Trenched $4.15 $ 290.50 $4.00 $ 280.00 $3.99 $ 279.30 $4.07 $ 284.90 76 215 L.F. Furnish&Install 3-Inch PVC-Trenched $6.15 $ 1,322.25 $6.00 $ 1,290.00 $5.93 $ 1,274.95 $6.05 $ 1,300.75 77 195 L.F. Furnish&Install 3-Inch PVC-Bored $18.35 $ 3,578.25 $20.00 $ 3,900.00 $17.85 $ 3,480.75 $18.19 $ 3,547.05 78 480 L.F. Furnish&Install IC#6 AWG(BARE) $0.50 $ 240.00 $0.50 $ 240.00 $0.47 $ 225.60 $0.48 $ 230.40 79 740 L.F. Furnish&Install IC#8 XHHW $0.60 $ 444.00 $0.75 $ 555.00 $0.55 $ 407.00 $0.59 $ 436.60 80 200 L.F. Furnish&Install 1C#6 XHHW $0.80 $ 160.00 $1.00 $ 200.00 $0.79 $ 158.00 $0.80 $ 160.00 81 7 Ea. Furnish&Install Ground Boxes Type C W/Apron $415.80 $ 2,910.60 S405.00 $ 2,835.00 $404.25 $ 2,829.75 S411.95 $ 2,883.65 82 1 Ea. Furnish&Install Electrical Service TY D(120/240)070(NS)SS(E)(C(0) $3,780.00 $ 3,780.00 $4,000.00 $ 4,000.00 $3,675.00 $ 3,675.00 $3,745.00 $ 3,745.00 _ 83 22 L.F. Furnish&Install Type 30-A Drilled Shaft Foundation $118.80 $ 2,613.60 $120.00 $ 2,640.00__ $115.50 $ 2,541.00 $117.70 $ 2,589.40 t:twytlet2001-i 17tspecs\tesMP&Bs-2.:ls Page 3 of 14 p{� !!Y 4 TABULATION OF BIDS )3m OF BID OF BID OF BID OF Date: February 18,2005 Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Site Concrete,Inc. Tiseo Paving Co. JRJ Paving,L.P. Austin Bridge&Road,Inc. Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy Orr Blvd. 419 E.Hwy 80 2277 Masch Branch Road 6330 Commerce Drive,Suite 150 (From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063 Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension Price Extension Price Extension 84 26 L.F. Furnish&Install Type 36-A Drilled Shaft Foundation $129.60 $ 3,369.60 $130.00 $ 3,380.00 $126.00 $ 3,276.00 $128.40 $ 3,338.40 85 I Ea. Furnish&Install Traffic Signal Controller Foundation $1,404.00 $ 1,404.00 $1,400.00 $ 1,400.00 $1,365.00 $ 1,365.00 $1,391.00 $ 1,391.00 86 124 L.F. Furnish&Install Type I Solid White Markings(24") $3.80 $ 471.20 $4.00 $ 496.00 $4.20 $ 520.80 $13.75 $ 1,705.00 87 124 L.F. Furnish&Install Type 11 Solid White Markings(24") $0.30 $ 37.20 $0.50 $ 62.00 $2.10 $ 260.40 $9.47 $ 1,174.28 88 144 L.F. Eliminate Existing Pavement Markings(4") $1.05_$ 151.20 S1.30 $ 187.20 $1.05_$ 151.20 $7.33 $ 1,055.52 89 124 LF. Pavement Marking Surface Preparation(24") $0.25 $ 31.00 $0.25 $ 31.00 $1.05_ $ 130.20 $7.33 $ 908.92 90 1 Ea. Installation of Highway Traffic Signals $17,20.00 $ 17,280.00 $17,000.00 $ 17,000.00 $16,800.00 $ 16,800.00 $17,120.00 $ 17,120.00 91 36 Ea. Furnish&Install Vehicle Signal Section(12") $140.40 $ 5,054.40 $140.00 $ 5,040.00 $136.50 $ 4,914.00 $I39.10 $ 5,007.60 92 6 Ea. Furnish&Install Back Plates(12")-3 Section $65.90 $ 395.40 _ $65.00 $ 390.00 $64.05 $ 384.30 $65.27 $ 391.62 93 2 Ea. Furnish&Install Back Plates(12")-4 Section $69.15 $ 138.30 $70.00 $ 140.00 $67.20 $ 134.40, $68.48 $ 136.96 94 2 Ea. Furnish&Install Back Plates(12")-5 Section $77.75 $ 155.50 $80.00 $ 160.00 $75.60 $ 151.20 $77.04 $ 154.08 i 95 232 L.F. Furnish&Install 7C#14 AWG $1.75 $ 406.00 $1.75_$ 406.00 $1.68 $ 389.76 $1.71 $ 396.72 96 907 L.F. Fumish&Install 5C#14 AWG $1.05 $ 952.35 $1.00 $ 907.00 $1.00 $ 907.00 $1.02 $ 925.14 97 760 L.F. Furnish&Install 16C#14 AWG $2.40 $ 1,824.00 $2.50 $ 1,900.00 $2.31 $ 1,755.60 $2.35 $ 1,786.00 98 1 Ea. Furnish&Install Traffic Signal Pole w/28'Mast Arm w/Luminaire $4,860.00 $ 4,860.00 $4,800.00 $ 4,800.00- $4,725.00 $ 4,725.00 $4,815.00 $ 4,815.00 99 1 Ea. Furnish&Install Traffic Signal Pole w/32'Mast Arm w/Luminaire $5,184.00 $ 5,184.00 $5,100.00_$ 5,100.00 $5,040.00 $ 5,040.00 $5,136.00 $ 5,136.00 100 2 Ea. Furnish&Install Traffic Signal Pole w/48'Mast Arm w/Luminaire $6,696.00 $ 13,392.00 $6,500.00 $ 13,000.00 $6,510.00 $ 13,020.00 $6,634.00 $ 13,268.00 101 10 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Red) $79.95 $ 799.50 $80.00 $ 800.00 $77.70 $ 777.00, $79.18 $ 791.80 102 10 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Yellow) $91.80 $ 918.00 $90.00 $ 900.00 $89.25 $ 892.50 $90.95 $ 909.50 103 10 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Green) $162.00 $ 1,620.00 $160.00 $ 1,600.00 $157.50_ $ 1,575.00 $160.50 $ 1,605.00 104 2 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Yellow Arrow) $86.40 $ 172.80 $85.00 $ 170.00 $84.00 $ 168.00 $85.60 $ 171.20 105 4 Ea. Furnish &Install 12-Inch LED Traffic Signal Lamp(Green Arrow) $124. 0 $ 496.80 $125.00 $ 500.00 $120.75 $ 483.00 $123.05 $ 492.20 106 1 Ea. Furnish&Install Secondary Spread Spectrum Radio(SSR) $3,456.00 $ 3,456.00 $3,500.00 $ 3,500.00 $3,360.00 $ 3,360.00 $3,424.00 $ 3,424.00 107 1 Ea. Furnish&Install Yagi SSR Antenna and Mounting Brackets $378.00 $ 378.00 $375.00 $ 375.00 $367.50 $ 367.50 $374.50 $ 374.50 108 120 L.F. _Furnish&Install SSR Cable $1.65 $ 198.00 $2.00 $ 240.00 $1.58 $ 189.60 $1.61 $ 193.20 109 1 Ea. Installation of VIVDS System $2,187.00 $ 2,187.00 $2,200.00 $ 2,200.00 $2,126.25 $ 2,126.25 $2,166.75 $ 2,166.75 110 1,436 L.F. Furnish&Install VIVDS Coaxial Cable(6 Pair 18 Gauge) $1.65 $ 2,369.40 $1.75 $ 2,513.00 $1.58 $ 2,268.88 $1.61 $ 2,311.96 AMOUNT BID: BASE BID (Items 1 Through 110) S 2,455,959.91 S 2,538,925.00 a $ 2,614,442.54, $ 2,727,538.04 J:twyttetzaot-t t7\spealt«MP&BS-2xis Page 4 of 14 I TABULATION OF BIDS BID OF B11) OF BID OF BID OF Date: February 18,2005 Project: CITY OF WYLIE, TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Site Concrete,Inc. Tiseo Paving Co. JRJ Paving,L.P. Austin Bridge&Road,Inc. Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy Orr Blvd. 419 E.Hwy 80 2277 Much Branch Road 6330 Commerce Drive,Suite 150 (From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063 Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension Price Extension Price Extension 1 ALTERNATE 1 (24-Foot Pavement) _ 101-A 23,182 C.Y. Unclassified Street and Channel Excavation(Plan Quantity) $3.50 $ 81,137.00 $3.45 $ 79,977.90 $3.47 $ 80,441.54 $8.56 $ 198,437.92 102-A 37,452 C.Y. Construct Embankment Material(Plan Quantity) $3.50 $ 131,082.00 $3.45 $ 129,209.40 $4.14 $ 155,051.28 $9.20 $ 344,558.40 f 103-A 35,520 S.Y. Furnish&Place Topsoil(4-inches) $0.85 $ 30,192.00 $1.50 $ 53,280.00 $0.50 $ 17,760.00 $1.24 $ 44,044.80 1 104-A 22,769 S.Y. Furnish&Install Soil Retention Blanket with Broadcast Seeding or Hydromulch $1.00 $ 22,769.00 $1.50 $ 34,153.50 $1.25 $ 28,461.25 $1.27 $ 28,916.63, 1 105-A 23,250 S.Y. Furnish&Install Block Sod $2.75 $ 63,937.50 $2.50 $ 58,125.00 $2.26 $ 52,545.00 $2.03 $ 47,197.50 106-A 21,038 S.Y. Furnish&Install Lime Treated Subgrade $1.65 $ 34,712.70 $2.50 $ 52,595.00 $1.92 $ 40,392.96 $2.19 $ 46,073.22 107-A 378.7 Tons Furnish&Install Hydrated Lime(@ 36#/S.Y.) $95.00 $ 35,976.50 $100.00 $ 37,870.00 $102.00 $ 38,627.40 $100.45 $ 38,040.42, 108-A 19,519 S.Y. Furnish&Install 8-inch Reinforced Concrete Pavement $29.00 $ 566,051.00 $27.80 $ 542,628.20 $28.86 $ 563,318.34 $35.16 $ 686,288.04 109-A 1,065 S.Y. Furnish&Install 6-inch Non-reinforced Concrete Median Pavement $29.00 $ 30,885.00 $30.00 $ 31,950.00 $24.19 $ 25,762.35 $27.49 $ 29,276.85 1 110-A 10,990 L.F. Furnish&Install 6-inch Monolithic Concrete Curb $1.50 $ 16,485.00 $1.00 $ 10,990.00 $2.50 $ 27,475.00 $1.54 $ 16,924.60 111-A 169 L.F. Furnish&Install Reinforced Concrete Street Header $10.00 $ 1,690.00 $10.00 $ 1,690.00 $25.00 $ 4,225.00 $5.34 $ 902.46 112-A 715 S.Y. Fumish&Install Reinforced Concrete Driveway $38.00 $ 27,170.00 $35.00 $ 25,025.00 $36.00 $ 25,740.00 $36.99 $ 26,447.85 113-A 236 S.Y. Construct 8"HMAC Transition Pavement $33.00 $ 7,788.00 $31.00 $ 7,316.00 $33.00 $ 7,788.00 $36.17 $ 8,536.12 114-A 271 S.Y. Construct Temporary 6"HMAC Pavement $25.00 $ 6,775.00 $30.00 $ 8,130.00 $25.00 $ 6,775.00 $40.14 $ 10,877.94 115-A 236 L.F. Furnish&Install Barrel Mounted Metal Beam Guard Fence $30.00 $ 7,080.00 $25.00 $ 5,900.00 $25.00 $ 5,900.00 $29.90 $ 7,056.40 116-A 600 L.F. Furnish&Install Broken White Line Traffic Buttons $0.50 $ 300.00 $0.50 $ 300.00 $0.54 $ 324.00 $0.78 $ 468.00 117-A 1,612 L.F. Furnish&Install White Edge Line Traffic Buttons $0.50 $ 806.00 $0.50 $ 806.00 $0.86 $ 1,386.32 $0.78 $ 1,257.36 118-A 730 L.F. Furnish&Install Yellow Edge Line Traffic Buttons $0.50 $ 365.00 $0.50 $ 365.00, $0.86 $ 627.80 $0.83 $ 605.90 119-A 6,156 L.F. Furnish&Install Double Yellow Line Traffic Buttons $1.00 $ 6,156.00 $1.25 $ 7,695.00 $1.31 $ 8,064.36 $1.10 $ 6,771.60 120-A 102 L.F. Furnish&Install Double White Line Traffic Buttons $1.00 $ 102.00 $1.00 $ 102.00 $4.26 $ 434.52 $1.10 $ 112.20 AMOUNT BID: ALTERNATE 1 (Items 101-A Through 120-A) $ 1,071,459.70 $ 1,088,108.00 $ 1,091,100.12 S 1,542,794.21 15lwyhet20otatTtpeaitech1P&Bs-2.xis Page 5 of 14 TABULATION OF BIDS Date: February 18,2005 BID OF BID OF BID OF BID OF Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Site Concrete,Inc. Tiseo Paving Co. JRJ Paving,LP. Austin Bridge&Road,Inc. Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy Orr Blvd. 419 E.Hwy 80 2277 Masch Branch Road 6330 Commerce Drive,Suite 150 (From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063 • Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid E€ No. Quantities Unit Description Price Extension Price Extension Price Extension. Price Extension ALTERNATE 2 (36-Foot Pavement) 201-A 24,104 C.Y. Unclassified Street and Channel Excavation(Plan Quantity) $3.50 $ 84,364.00 $3.45 $ 83,158.80 $3.56 $ 85,810.24 $8.03 $ 193,555.12 202-A 36,221 C.Y. Construct Embankment Material(Plan Quantity) $3.50 $ 126,773.50 $3.45 $ 124,962.45 $4.14 $ 149,954.94 $8.40 $ 304,256.40 203-A 35,520 S.Y. Furnish&Place Topsoil(4-inches) $0.85 $ 30,192.00 $1.50 $ 53,280.00 $0.50 $ 17,760.00 $1.24 $ 44,044.80 204-A 22,769 S.Y. Furnish&Install Soil Retention Blanket with Broadcast Seeding or Hydromulch $1.00 $ 22,769.00 $1.50 $ 34,153.50 $1.25 $ 28,461.25 $1.27 $ 28,916.63 k205-A 15,906 S.Y. Furnish&Install Block Sod $2.75 $ 43,741.50 $2.50 $ 39,765.00 $2.26 $ 35,947.56 $2.03 $ 32,289.18 206-A 28,245 S.Y. Furnish&Install Lime Treated Subgrade $1.65 $ 46,604.25 $2.50 $ 70,612.50 $1.92 $ 54,230.40 $1.84 $ 51,970.80 207-A 508.4 Tons Furnish&Install Hydrated Lime(@ 36#/S.Y.) $95.00 $ 48,298.00 $100.00 $ 50,840.00 $102.00 $ 51,856.80 $100.45 $ 51,068.78 208-A 25,680 S.Y. Furnish&Install 8-inch Reinforced Concrete Pavement $29.00 $ 744,720.00 $28.95 $ 743,436.00 $28.21 $ 724,432.80 $33.73-$ 866,186.40 209-A 1,065 S.Y. Furnish&Install 6-inch Non-reinforced Concrete Median Pavement $27.50 $ 29,287.50 $30.00 $ 31,950.00 $24.19 $ 25,762.35 $27.49 $ 29,276.85- a 210-A 10,920 L.F. Furnish&Install 6-inch Monolithic Concrete Curb $1.50 $ 16,380.00 $1.00 $ 10,920.00 $2.50 $ 27,300.00 $1.54 $ 16,816.80 211-A 182 L.F. Furnish&Install Reinforced Concrete Street Header $10.00 $ 1,820.00 $10.00 $ 1,820.00 $25.00 $ 4,550.00 $5.41 $ 984.62 212-A 710 S.Y. Furnish&Install Reinforced Concrete Driveway $38.00 $ 26,980.00, $35.00 $ 24,850.00 $36.00 $ 25,560.00 $35.23 $ 25,013.30 213-A 333 S.Y. Construct 8"HMAC Transition Pavement $33.00 $ 10,989.00 $32.00 $ 10,656.00 $33.00 $ 10,989.00 $30.08 $ 10,016.64 214-A 223 S.Y. Construct Temporary 6"HMAC Pavement $25.00 $ 5,575.00 $32.00 $ 7,136.00 $25.00 $ 5,575.00 $44.03 $ 9,818.69 215-A 36 L.F. Furnish&Install Barrel Mounted Metal Beam Guard Fence $30.00 $ 1,080.00 $50.00 $ 1,800.00 $25.00 $ 900.00 $29.90 $ 1,076.40 216-A 6,080 L.F. Furnish&Install Broken White Line Traffic Buttons $0.50 $ 3,040.00 $0.50 $ 3,040.00 $0.54 $ 3,283.20 $0.66 $ 4,012.80 217-A 1,612 LF. Furnish&Install White Edge Line Traffic Buttons $0.50 $ 806.00 $0.50 $ 806.00 $0.86 $ 1,386.32 $0.66 $ 1,063.92 218-A 580 L.F. Furnish&Install Yellow Edge Line Traffic Buttons $0.50 $ 290.00 $0.50 $ 290.00 $0.86 $ 498.80 $0.72 $ 417.60 i i 219-A 6,156 L.F. Furnish&Install Double Yellow Line Traffic Buttons $1.00 $ 6,156.00 $1.25 $ 7,695.00 $1.31 $ 8,064.36 $0.98 $ 6,032.88 220-A 1,026 L.F. Furnish&Install Double White Line Traffic Buttons $1.00 $ 1,026.00 $1.00 $ 1,026.00 $4.26 $ 4,370.76 $0.98 $ 1,005.48 221-A I LS. Furnish&Install White Directional Arrow Pavement Markings $350.00 $ 350.00 $1,000.00 $ 1,000.00 $420.00 $ 420.00 $2,675.00 $ 2,675.00 AMOUNT BID: ALTERNATE 2 (Items 201-A Through 221-A) S 1,251,241.75_ $ 1,303,197.25 $ 1,267,113.78 $ 1,680,499.09 I:\Wylie\2001-11Tspecs tech\P&BS-2xts Page 6 of 14 TABULATION OF BIDS BID OF BID OF BID OF BID OF Date: February 18,2005 Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Site Concrete,Inc. Tiseo Paving Co. JRJ Paving,L.P. Austin Bridge&Road,Inc. Mania Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy Ors Blvd. 419 E.Hwy 80 2277 Masch Branch Road 6330 Commerce Drive,Suite 150 (From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063 t Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid t No. Quantities Unit Description Price Extension Price Extension Price Extension. Price Extension ALTERNATE 3 (12-Inch Water Line) , 301-A 3,850 L.F. Furnish&Install 12-Inch PVC Water Line w/Standard Embedment $24.00 _$ 92,400.00 ' S43.50 $ 167,475.00 $44.45 $ 171,132.50 $38.52 $ 148,302.00 302-A 70 L.F. Furnish&Install I2-Inch PVC Water Line w/Concrete Encasement $55.00 $ 3,850.00 $77.00 $ 5,390.00 $76.12 S 5,328.40 $80.25 $ 5,617.50 I 303-A 726 L.F. Furnish&Install 8-Inch PVC Water Line w/Standard Embedment $20.00 $ 14,520.00 $36.50 $ 26,499.00 $36.33 $ 26,375.58 $29.96 $ 21,750.96, € k 304-A 20 L.F. Furnish&Install 8-Inch PVC Water Line w/Concrete Encasement $48.00 $ 960.00 $65.00 $ 1,300.00 $63.53 $ 1,270.50 $71.69 $ 1,433.80 € 305-A 41 L.F. Furnish&Install 6-Inch PVC Water Line w/Standard Embedment $18.00 $ 738.00 $35.00 $ 1,435.00 $31.50 $ 1,291.50 $37.45 $ 1,535.45 306-A 12 Ea. Furnish&Install 12-Inch Gate Valve $2,750.00 $ 33,000.00 $2,150.00_$ 25,800.00 $2,152.50 $ 25,830.00 $2,140.00 $ 25,680.00 307-A 13 Ea. Furnish&Install 8-Inch Gate Valve _ $875.00 $ 11,375.00 $925.00 $ 12,025.00 $908.25 $ 11,807.25 $1,391.00 $ 18,083.00 } 308-A 14 Ea. Furnish&Install 6-Inch Gate Valve $775.00 $ 10,850.00 $725.00 $ 10,150.00 $719.25 $ 10,069.50 $1,016.50 $ 14,231.00 309-A 9 Ea. Furnish&Install Standard Fire Hydrant Assembly $2,200.00 $ 19,800.00 $2,500.00 $ 22,500.00 $2,391.37 $ 21,522.33 $2,033.00 $ 18,297.00 310-A 3 Ea. Remove&Salvage Existing Fire Hydrant $1,000.00 $ 3,000.00 $675.00 b 2,025.00 $659.75 $ 1,979.25 $321.00 $ 963.00 311-A 1 Ea. Furnish&Install Blow-Off Valve Assembly S2,750.00 $ 2,750.00 $2,600.00 $ 2,600.00 $2,564.63 $ 2,564.63 $2,568.00_ $ 2,568.00 312-A 2 Ea. Connect to Existing Water Line $650.00 $ 1,300.00 $7,500.00 $ 15,000.00 $7,245.00 $ 14,490.00 $5,457.00 $ 10,914.00 313-A 13 Ea. Transfer Existing Water Service $1,000.00 $ 13,000.00 $900.00 $ 11,700.00 $847.30 $ 11,014.90 $642.00 $ 8,346.00 g AMOUNT BID: ALTERNATE 3(Items 301-A Through 313-A) $ 207,543.00 $ 303,899.00 $ 304,676.34 $ 277,721.71 SUMMARY OF BID AMOUNT BID: BASE BID(Items 1 Through 110) $ 2,455,959.91 $ 2,538,925.00 $ 2,614,442.54 S 2,727,538.04 AMOUNT BID: ALTERNATE 1 (Items 101-A Through 120-A) S 1,071,459.70 $ 1,088,108.00 $ 1,091,100.12 $ 1,542,794.21 AMOUNT BID:ALTERNATE 2(Items 201-A Through 221-A) $ 1,251,241.75 $ 1 303,197.25 $ 1,267,113.78 $ 1,680,499.09 AMOUNT BID: ALTERNATE 3 (Items 301-A Through 3I3-A) S 207,543.00 $ 303,899.00 _ $ 304,676.34 $ 277,721.71 (BASE BID)+(ALTERNATE 1) $ 3,527,419.61 $ 3,627,033.00 $ 3,705,542.66 $ 4,270,332.25 (BASE BID)+(ALTERNATE 2) $ 3,707,201.66 $ 3,842,122.25 $ 3,881,556.32 $ 4,408,037.13 (BASE BID)+(ALTERNATE 1)+ (ALTERNATE 3) $ 3,734,962.61 $ 3,930,932.00 $ 4,010,219.00 $ 4,548,053.96 I (BASE BID)+(ALTERNATE 2)+(ALTERNATE 3) $ 3,914,744.66 $ 4,146,021.25 $ 4,186,232.66 $ 4,685,758.84 I IContinuously Reinforced Concrete Pavement(CRCP): Add or Deduct ALTERNATE 1: 24-FOOT PAVEMENT(CRCP) $ (39,088.00) $ (55,000.00) $ 244,232.00 $ (27,759.00) ALTERNATE 2: 36-FOOT PAVEMENT(CRCP) $ (51,360.00) $ (55,000.00) $ 310,689.00 $ (26,049.00) Calendar Days Bid: 275 300 300 No Bid Jiwyhe@00t-117\spec:trcch\NUS-2.xls Page 7 of 14 TABULATION OF BIDS BID OF BID OF Date: February 18,2005 Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. L.H.Lacy Co.LTD Orval Hall Excavating Co.,Inc. Mania Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street (From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106 Item Approximate Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension BASE BID 1 61.6 Sta. Preparation of Right-of-Way,Clearing&Grubbing $3,632.00 $ 223,731.20 $3,075.00 $ 189,420.00 2 2,239 S.Y. Remove Reinforced Concrete Pavement $29.70 $ 66,498.30 $5.60 $ 12,538.40 3 509 S.Y. Remove Asphaltic Concrete Pavement $3.00 $ 1,527.00 S5.60 $ 2,850.40 4 2,384 S.Y. Furnish&Install Cement Treated Base $16.80 $ 40,051.20 $11.00 $ 26,224.00 [[ g 5 250 L.F. Furnish&Install Metal Beam Guard Fence(12 ga.)(Steel Post) $22.00 $ 5,500.00 $27.50 $ 6,875.00 1. 6 2 Ea. Furnish&Install Guardrail Extruder Terminal $2,468.00 $ 4,936.00 $1,960.00 $ 3,920.00 7 820 L.F. Furnish&Install Portable&Precast Concrete Traffic Barrier $47.00 $ 38,540.00 S45.00 $ 36,900.00 8 868 L.F. Furnish&Install 3-Strand Barbed Wire Fence $4.00 $ 3,472.00 S2.75 $ 2,387.00 9 555 L.F. Remove 3-Strand Barbed Wire Fence $1.00 $ 555.00 $1.50 $ 832.50 10 1,832 L.F. Remove&Replace 3-Strand Barbed Wire Fence $4.20 $ 7,694.40 S4.25 $ 7,786.00 11 27 L.F. Remove&Replace Wood Rail Fence $23.00 $ 621.00 $13.25 $ 357.75 12 1,572 L.F. Remove&Replace Chain Link Security Fence $17.90 $ 28,138.80 $13.75 $ 21,615.00 13 2 Ea. Construct 24-ft Wide Security Gate $1,050.00 $ 2,100.00 $2,572.50 $ 5,145.00 14 213.5 S.F. Furnish&Install Aluminum Signs(Type"A") $32.00 $ 6,832.00 $20.60 $ 4,398.10 15 29 Es. Furnish&Install Small Roadside Sign Assembly(Type"A"Mount) $383.00 $ 11,107.00 $360.00 $ 10,440.00 16 2 Ea. Furnish&Install Small Roadside Sign Assembly(Type"A")(Rotating)(Special Mount) $1,103.00 $ 2,206.00 $720.00 $ 1,440.00 17 9,322 S.Y. Construct Temporary 6-inch Flexible Base Pavement $6.60 $ 61,525.20 $8.00 $ 74,576.00 18 1,299 L.F. Furnish&Install 18-inch Reinforced Concrete Pipe(Class III) $33.60 $ 43,646.40 $80.60 $ 104,699.40 19 64 L.F. Furnish&Install 21-inch Reinforced Concrete Pipe(Class III) $39.00 $ 2,496.00 $72.40 5 4,633.60 20 769 L.F. Furnish&Install 24-inch Reinforced Concrete Pipe(Class III) $43.00 $ 33,067.00 $79.35 $ 61,020.15 21 624 L.F. Furnish&Install 27-inch Reinforced Concrete Pipe(Class III) $50.00 $ 31,200.00 $90.20 $ 56,284.80 22 1,446 L.F. Furnish&Install 30-inch Reinforced Concrete Pipe(Class III) $55.70 $ 80,542.20 $100.40 $ 145,178.40 23 807 L.F. Furnish&Install 36-inch Reinforced Concrete Pipe(Class III) $70.00 $ 56,490.00 $124.85 $ 100,753.95 24 634 L.F. `Furnish&Install 42-inch Reinforced Concrete Pipe(Class III) $95.00 S 60,230.00 S157.00 $ 99,538.00 25 131 L.F. Furnish&Install Three 10'x 8'Reinforced Concrete Box Culverts $1,105.00 $ 144,755.00 $1,170.00 $ 153,270.00 _ 26 2 Ea. Furnish&Install Modified Parallel Wingwatls with Apron $53,708.00 $ 107,416.00 S40,000.00 $ 80,000.00 27 7 Ea. Furnish&Install 8-ft.Recessed Curb Inlet $1,916.00 $ 13,412.00 $2,100.00 $ 14,700.00 J:\Wylie\200t-t tTspecs\tech1P&BS-2.xls Page 8 of 14 TABULATION OF BIDS BID of $ID OF Date: February 18,2005 Project: CITY OF WYLIE, TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. L.H.Lacy Co.LTD Orval Hall Excavating Co.,Inc. Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street (From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106 Item Approximate Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension 28 9 Ea. Furnish&Install 10-ft.Recessed Curb Inlet $2,126.00 $ 19,134.00 $2,300.00 $ 20,700.00 29 I 1 Ea. Furnish&Install 12-ft.Recessed Curb Inlet $2,336.00 $ 25,696.00 $2,500.00 $ 27,500.00 30 8 Ea. Furnish&Install 14-ft.Recessed Curb Inlet $2,783.00 $ 22,264.00 $3,100.00 $ 24,800.00 31 1 Ea. Furnish&Install I6-ft.Recessed Curb Inlet $2,993.00 $ 2,993.00 $3,400.00 $ 3,400.00 32 6 Ea. Furnish&Install 20-ft.Recessed Curb Inlet $3,360.00 $ 20,160.00 $3,900.00 $ 23,400.00 I 33 1 Ea. Furnish&Install Standard Drop Inlet $1,785.00 $ 1,785.00 $2,700.00 $ 2,700.00 t t 34 2 Ea. Furnish&Install 18"Sloped Reinforced Concrete Pipe $315.00 $ 630.00 $3,000.00 $ 6,000.00 35 5 Ea. Furnish&Install Type"A"Storm Sewer Manhole $3,990.00 $ 19,950.00 $5,600.00 $ 28,000.00 36 6 C.Y. Construct Type"C"Sloping Headwall $315.00 $ 1,890.00 $400.00 $ 2,400.00 37 420 L.F. Furnish&Install 2-inch PVC Conduit(Sch.40)(Lighting)(Buried) $4.00 $ 1,680.00 $3.80 $ 1,596.00 38 470 L.F. Furnish&Install 2-inch PVC Conduit(Sch.40)(Signal)(Buried) $4.00 $ 1,880.00 $3.80 $ 1,786.00 f 39 420 L.F. Furnish&Install 4-inch PVC Conduit(Sch.40)(Lighting)(Buried) $6.00 $ 2,520.00 $5.75 $ 2,415.00 40 470 L.F. Furnish&Install 4-inch PVC Conduit(Sch.40)(Signal)(Buried) $6.00 $ 2,820.00 $5.75 $ 2,702.50 a 41 1,040 L.F. Furnish&Install 2-inch Rigid Aluminum Conduit(Lighting)(Structure) $9.50 $ 9,880.00 $9.00 $ 9,360.00 42 26 Ea. Furnish&Install Ground Pull Box(Electrical) $368.00 $ 9,568.00 $350.00 $ 9,100.00 43 9 Ea. Furnish&Install TxDOT Type"C"Pull Box(Signal) $404.00 $ 3,636.00 $385.00 $ 3,465.00 44 1 L.S. Construct Retaining Wall at State Highway 78 $32,340.00 $ 32,340.00 $50,000.00 $ 50,000.00 45 15,570 L.F. Furnish&Install Sediment Control Fence $1.21 $ 18,839.70 $1.25 $ 19,462.50 46 15,570 L.F. Remove Sediment Control Fence $0.16 $ 2,491.20 $0.15 $ 2,335.50 47 40 L.F. Furnish&Install Rock Filter Dams(Type 1) $19.00 $ 760.00 $17.50 $ 700.00 6 48 40_ L.F. Furnish&Install Rock Filter Dams(Type 1)(Remove) $5.00 $ 200.00 $5.00 $ 200.00 1 49 53 S.Y. Construction Entrance/Exit(Type 2) $23.00 $ 1,219.00 $13.00 $ 689.00 50 53 S.Y. Construction Entrance/Exit(Type 2)(Remove) $12.00 $ 636.00 $3.50 $ 185.50 51 5,774 L.F. Design and Provide Trench Safety Systems $0.10 $ 577.40 $1.00 $ 5,774.00 52 110 L.F. Construct Drilled Shafts(18-Inch) $75.00 $ 8,250.00 $44.60 $ 4,906.00 53 772 L.F. Construct Drilled Shafts(36-Inch) $91.00 $ 70,252.00 $95.80 $ 73,957.60 54 20 L.F. Construct Formed Drilled Shafts(36-Inch) $121.00 $ 2,420.00 $212.00 $ 4,240.00 55 97 C.Y. Furnish&Install Class"C"Concrete(Abutment) $462.00 $ 44,814.00 $492.00 $ 47,724.00 J:\Wylie\2001-117\spealtech\P&BS-2.xls Page 9 of 14 TABULATION OF BIDS BID OF BID OF Date: February 18,2005 Project: CLTY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. LH.Lacy Co.LTD Orval Hall Excavating Co.,Inc. Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street (From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106 Item Approximate Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension 56 94 C.Y. Furnish&Install Class"C"Concrete(Bent) $534.00 $ 50,196.00 $609.00 $ 57,246.00 57 23,972 S.F. Furnish&Install Bridge Reinforced Concrete Slab $12.60 $ 302,047.20 $13.40 $ 321,224.80 58 3,750 LF. Furnish&Install Prestressed Concrete Beam(Type IV) $131.30 $ 492,375.00 $102.00 $ 382,500.00 59 2,442 S.Y. Furnish&Install Concrete Surface Treatment $L.50 $ 3,663.00 $6.70 $ 16,361.40 60 230 C.Y. Furnish&Install Rip Rap(Concrete)(Class"B")(5-Inch)(RR8) $311.00 $ 71,530.00 $304.00 $ 69,920.00 61 509 L.F. Furnish&Install Traffic Rail(C201)(Galvanized Steel)(Bridge) $74.00 $ 37,666.00 $86.60 $ 44,079.40 62 517 LF. Furnish&Install Traffic Rail(C201)(MOD)(Galvanized Steel)(Bridge) $75.00 $ 38,775.00 $86.60 $ 44,772.20 _ 63 300 LF. Furnish&Install Traffic Rail(C201)(Galv.Steel)(Culvert)(Rat.Wall) $75.00 $ 22,500.00 $93.10 $ 27,930.00 64 507 L.F. Furnish&Install Steel Pedestrian Railing $131.00 $ 66,417.00 $84.90 $ 43,044.30 65 145 LF. Furnish&Install Sealed Expansion Joint(SFJ-A)(4-Inch) $152.00 $ 22,040.00 $95.90 $ 13,905.50 66 92 C.Y. Furnish&Install Structural Approach Slab(Class"C")(10-Inch) $335.00 $ 30,820.00 $367.00 $ 33,764.00 i 67 1 Ea. Adjust Existing Water Meter Manhole Frame&Cover $1,906.00 $ 1,906.00 $500.00 $ 500.00 68 6 Ea. Adjust Existing Sanitary Sewer Manhole Frame&Cover $1,906.00 $ 11,436.00 $500.00 $ 3,000.00 69 3 Ea. Adjust Existing Water Valve Box $1,650.00 $ 4,950.00 $500.00 $ 1,500.00 70 1 Ea. Relocate Existing Water Valve&Hose Bibb $998.00 $ 998.00 $500.00 $ 500.00 71 11 Ea. Remove Existing Small Drainage Structures(24"or Loss) $567.00 $ 6,237.00 $220.00 $ 2,420.00 72 1 L.S. Remove&Reconstruct Glen Knolls Signs&Planter Boxes $27,500.00 $ 27,500.00 $2,000.00 $ 2,000.00 73 10 Mos. Furnish,Install&Maintain Barricades,Signs&Traffic Handling $15,839.00 $ 158,390.00 $17,820.00 $ 178,200.00 74 2 Ea. Furnish&Install Project Sign $550.00 $ 1,100.00 $350.00 $ 700.00 75 70 L.F. Furnish&Install 2-Inch PVC-Trenched $4.00 $ 280.00 $3.80 $ 266.00 76 215 L.F. Furnish&Install 3-Inch PVC-Trenched $6.00 $ 1,290.00 $5.65 $ 1,214.75 I 77 195 L.F. Furnish&Install 3-Inch PVC-Bored $18.00 $ 3,510.00 $17.00 $ 3,315.00 78 480 L.F. Furnish&Install IC#6 AWG(BARE) $0.47 $ 225.60 $0.45 $ 216.00 79 740 LF. Furnish&Install IC#8 XHHW $1.00 $ 740.00 $0.55 $ 407.00 80 200 L.F. Fumish&Install IC#6 XHHW $1.00 $ 200.00 $0.75 $ 150.00 81 7 Ea. Furnish&Install Ground Boxes Type C W/Apron $404.00 $ 2,828.00 $385.00 $ 2,695.00 82 1 Ea. Furnish&Install Electrical Service TY D(120/240)070(NS)SS(E)GC(0) $3,675.00 $ 3,675.00 S3,500.00 $ 3,500.00 83 22 LF. Furnish&Install Type 30-A Drilled Shaft Foundation $116.00 $ 2,552.00 $110.00 $ 2,420.00 J:\WyGe1200l-ttn \ttth\P&B5-2.xis Page 10 of 14 TABULATION OF BIDS BID OF BID OF Date: February 18,2005 Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. L.H.Lacy Co.LTD Orval Hall Excavating Co.,Inc. Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street (From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106 Item Approximate Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension 84 26 L.F. Furnish&Install Type 36-A Drilled Shaft Foundation $126.00 $ 3,276.00 $120.00 $ 3,120.00 85 1 Ea. Furnish&Install Traffic Signal Controller Foundation $1,365.00 $ 1,365.00 $1,300.00 $ 1,300.00 86 124 L.F. Furnish&Install Type I Solid White Markings(24") $4.00 $ 496.00 $3.50 $ 434.00 87 124 L.F. Furnish&Install Type II Solid White Markings(24") $2.00 $ 248.00 $0.25 $ 31.00 88 144 L.F. Eliminate Existing Pavement Markings(4") $1.00 $ 144.00 $0.95 $ 136.80 89 124 L.F. Pavement Marking Surface Preparation(24") $1.00 $ 124.00 $0.20 $ 24.80 - 90 1 Ea. Installation of Highway Traffic Signals S16,800.00 $ 16,800.00 $16,000.00 $ 16,000.00 91 36 Ea. Furnish&Install Vehicle Signal Section(12") $137.00 $ 4,932.00 $130.00 $ 4,680.00 I92 6 Ea. Furnish&Install Back Plates(12")-3 Section $64.00 $ 384.00 $61.00 $ 366.00 93 2 Ea. Furnish&Install Back Plates(12")-4 Section $67.00 $ 134.00 $64.00 $ 128.00 94 2 Ea. Furnish&Install Back Plates(12")-5 Section $76.00 $ 152.00 $72.00 $ 144.00 95 232 L.F. Furnish&Install 7C#14 AWG $2.00 $ 464.00 $1.60 $ 371.20 96 907 L.F. Furnish&Install 5C#14 AWG $1.00 $ 907.00 $0.95 $ 861.65 97 760 L.F. Furnish&Install 16C#14 AWG $2.00 $ 1,520.00 $2.20 $ 1,672.00 98 1 Ea. Furnish&Install Traffic Signal Pole w/28'Mast Arm w/Luminaire $4,725.00 $ 4,725.00 $4,500.00 $ 4,500.00 99 1 Ea. Furnish&Install Traffic Signal Pole w/32'Mast Arm w/Luminaire $5,040.00 $ 5,040.00 $4,800.00 $ 4,800.00 100 2 Ea. Furnish&Install Traffic Signal Pole w/48'Mast Arm w/Luminaire $6,510.00 $ 13,020.00 $6,200.00 $ 12,400.00 101 10 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Red) $78.00 $ 780.00 $74.00 $ 740.00 102 10 Ea. Famish&Install 12-Inch LED Traffic Signal Lamp(Yellow) $89.00 $ 890.00 $85.00 $ 850.00 103 10 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Green) $158.00 $ 1,580.00 $150.00 $ 1,500.00 104 2 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Yellow Arrow) $84.00 $ 168.00 $80.00 $ 160.00 105 4 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Green Arrow) $121.00 $ 484.00 $115.00 $ 460.00 106 1 Ea. Furnish&Install Secondary Spread Spectrum Radio(SSR) $3,360.00 $ 3,360.00 $3,200.00 $ 3,200.00 107 1 Ea. Furnish&install Yagi SSR Antenna and Mounting Brackets $368.00 $ 368.00 $350.00 $ 350.00 108 120 L.F. Famish&Install SSR Cable $2.00 $ 240.00 $1.50 $ 180.00 109 1 Ea. Installation of VIVDS System $2,126.00 $ 2,126.00 $2,025.00 $ 2,025.00 110 1,436 L.F. Furnish&Install VIVDS Coaxial Cable(6 Pair 18 Gauge) S1.60 $ 2,297.60 $1.50 $ 2,154.00 AMOUNT BID: BASE BID(Items I Through 110) $ 2,839,446.40 $ 2,927,621.85 J.\wyhe2OOI.It s s\i«h\P&Bs-2.xi: Page 11 of 14 TABULATION OF BIDS BID OF BID OF Date: February 18,2005 Project: CITY OF WYLIE, TEXAS BIRKBOFF,HENDRICKS&CONWAY,L.L.P. L.H.Lacy Co.LTD Orval Hall Excavating Co.,Inc. Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street (From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106 I Item Approximate Unit Bid Unit Bid € No. Quantities Unit Description Price Extension Price Extension I ALTERNATE 1 (24-Foot Pavement) , 101-A 23,182 C.Y. Unclassified Street and Channel Excavation(Plan Quantity) $4.38 $ 101,537.16 $5.00 $ 115,910.00 102-A 37,452 C.Y. Construct Embankment Material(Plan Quantity) $3.41 $ 127,711.32 $5.28 $ 197,746.56 103-A 35,520 S.Y. Furnish&Place Topsoil(4-inches) $5.50 $ 195,360.00 $0.88 $ 31,257.60 104-A 22,769 S.Y. Furnish&Install Soil Retention Blanket with Broadcast Seeding or Hydromuich $1.18 S 26,867.42 $1.19 S 27,095.11 i 105-A 23,250 S.Y. Furnish&Install Block Sod $2.54 $ 59,055.00 $2.15 $ 49,987.50 106-A 21,038 S.Y. Furnish&Install Lime Treated Subgrade $2.41 $ 50,701.58 $1.31 $ 27,559.78 107-A 378.7 Tons Furnish&Install Hydrated Lime(@ 36#/S.Y.) $103.00 $ 39,006.10 $99.75 $ 37,775.33 i 108-A 19,519 S.Y. Furnish&Install 8-inch Reinforced Concrete Pavement $30.46 $ 594,548.74 $31.44 $ 613,677.36 109-A 1,065 S.Y. Furnish&Install 6-inch Non-reinforced Concrete Median Pavement $28.60 $ 30,460.07 $37.80 $ 40,257.00 1 110-A 10,990 L.F. Furnish&Install 6-inch Monolithic Concrete Curb $1.00 $ 10,990.00 $1.89 $ 20,771.10 111-A 169 L.F. Furnish&Install Reinforced Concrete Street Header $8.00 $ 1,352.00 $6.30 $ 1,064.70 112-A 715 S.Y. Furnish&Install Reinforced Concrete Driveway $30.00 $ 21,450.00 $36.75 $ 26,276.25 113-A 236 S.Y. Construct 8"HMAC Transition Pavement $37.00 $ 8,732.00 $29.40 S 6,938.40 114-A 271 S.Y. Construct Temporary 6"MAC Pavement $28.00 $ 7,588.00 $23.00 $ 6,233.00 115-A 236 LF. Furnish&Install Barret Mounted Metal Beam Guard Fence $0.00 $ $27.50 $ 6,490.00 116-A 600 L.F. Furnish&Install Broken White Line Traffic Buttons $1.00 $ 600.00 $0.46 $ 276.00 117-A 1,612 L.F. Furnish&Install White Edge Line Traffic Buttons $0.90 $ 1,450.80 $0.46 $ 741.52 118-A 730 L.F. Furnish&Install Yellow Edge Line Traffic Buttons $1.00 $ 730.00 $0.46 $ 335.80 I 119-A 6,156 L.F. Furnish&Install Double Yellow Line Traffic Buttons $1.30 $ 8,002.80 $0.92 $ 5,663.52 120-A 102 L.F. Furnish&Install Double White Line Traffic Buttons $4.00 $ 408.00 $0.92 $ 93.84 AMOUNT BID: ALTERNATE 1 (Items 101-A Through 120-A) S 1,286,550.99. $ 1,216,150.37 l:twyrc\z000-t t7aa\t«htraas-2.xi Page 12 of 14 TABULATION OF BIDS BID OF BID OF Date: February 18,2005 Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. L.H.Lacy Co.LTD Orval Hall Excavating Co.,Inc. Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street (From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106 Item Approximate Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension ALTERNATE 2 (36-Foot Pavement) 201-A 24,104 C.Y. Unclassified Street and Channel Excavation(Plan Quantity) $3.41 $ 82,194.64 $5.00 $ 120,520.00 202-A 36,221 C.Y. Construct Embankment Material(Plan Quantity) $5.97 $ 216,239.37 $4.90 $ 177,482.90 203-A 35,520 S.Y. Furnish&Place Topsoil(4-inches) $5.50 $ 195,360.00 $0.88 $ 31,257.60 204-A 22,769 S.Y. Furnish&Install Soil Retention Blanket with Broadcast Seeding or Hydromulch $1.18 $ 26,867.42 $1.19 $ 27,095.11 205-A 15,906 S.Y. Furnish&Install Block Sod $2.54 $ 40,401.24 $2.15 $ 34,197.90 206-A 28,245 S.Y. Furnish&Install Lime Treated Subgrade $2.21 $ 62,421.45 $1.31 $ 37,000.95 207-A 508.4 Tons Furnish&Install Hydrated Lime(®36#/S.Y.) $102.00 $ 51,856.80 $99.75 $ 50,712.90 208-A 25,680 S.Y. Furnish&Install 8-inch Reinforced Concrete Pavement $28.60 $ 734,448.00 $32.50 $ 834,600.00 209-A 1,065 S.Y. Furnish&Install 6-inch Non-reinforced Concrete Median Pavement $28.60 $ 30,459.00 S37.80 $ 40,257.00 210-A 10,920 L.F. Furnish&Install 6-inch Monolithic Concrete Curb $1.00 $ 10,920.00 $2.47 $ 26,972.40 211-A 182 L.F. Furnish&Install Reinforced Concrete Street Header $8.00 $ 1,456.00 $6.30 $ 1,146.60 212-A 710 S.Y. Furnish&Install Reinforced Concrete Driveway $30.00 $ 21,300.00 $36.75 $ 26,092.50 213-A 333 S.Y. Construct 8"HMAC Transition Pavement $37.00 $ 12,321.00 $29.40 $ 9,790.20 214-A 223 S.Y. Construct Temporary 6"HMAC Pavement $28.00 $ 6,244.00 $23.00 $ 5,129.00 215-A 36 L.F. Furnish&Install Barrel Mounted Metal Beam Guard Fence $ - $27.50 $ 990.00 216-A 6,080 L.F. Furnish&Install Broken White Line Traffic Buttons $0.50 $ 3,040.00 $0.46 $ 2,796.80 217-A 1,612 L.F. Furnish&Install White Edge Line Traffic Buttons $0.90 $ 1,450.80 $0.46 $ 741.52 2I8-A 580 L.F. Furnish&Install Yellow Edge Line Traffic Buttons $1.00 $ 580.00 $0.46 $ 266.80 219-A 6,156 L.F. Furnish&Install Double Yellow Line Traffic Buttons $1.30 $ 8,002.80 $0.92 $ 5,663.52 220-A 1,026 L.F. Furnish&Install Double White Line Traffic Buttons $4.20 $ 4,309.20 $0.92 $ 943.92 221-A 1 L.S. Furnish&Install White Directional Arrow Pavement Markings $420.00 $ 420.00 $350.00 $ 350.00 AMOUNT BID: ALTERNATE 2 (Items 201-A Through 221-A) $ 1,510,291.72 $ 1,434,007.62 Page 13 of 14 r:twylkNzaot a tn��«etra as-z.,t, TABULATION OF BIDS BID OF BID OF Date: February 18,2005 Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. L.H.Lacy Co.LTD Orval Hall Excavating Co.,Inc. Alanis Drive Paving,Drainage&Waterline hup,ovements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street (From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106 Item Approximate Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension . ALTERNATE 3 (12-Inch Water Line) . 30I-A 3,850 L.F. Furnish&Install 12-Inch PVC Water Line w/Standard Embedment $43.50 $ 167,475.00 $40.50 $ 155,925.00 302-A 70 L.F. Furnish&Install 12-Inch PVC Water Line w/Concrete Encasement $76.00 $ 5,320.00 $51.00 $ 3,570.00 303-A 726 L.F. Furnish&Install 8-Inch PVC Water Line w/Standard Embedment $36.00 $ 26,136.00 $32.00 $ 23,232.00 304-A 20 L.F. Furnish&Install 8-Inch PVC Water Line w/Concrete Encasement $64.00 $ 1,280.00 $40.00 $ 800.00 305-A 41 L.F. Furnish&Install 6-Inch PVC Water Line w/Standard Embedment $32.00 $ 1,312.00 $25.00 $ 1,025.00 306-A 12 Ea. Furnish&Install 12-Inch Gate Valve $2,153.00 $ 25,836.00 $1,700.00 $ 20,400.00 307-A 13 Ea. Furnish&Install 8-Inch Gate Valve $908.00 $ 11,804.00 $950.00 $ 12,350.00 308-A 14 Ea. Furnish&Install 6-Inch Gate Valve 5719.00 $ 10,066.00 $720.00 $ 10,080.00 ( 309-A 9 Ea. Furnish&Install Standard Fire Hydrant Assembly $2,391.00 $ 21,519.00 $1,980.00 $ 17,820.00 310-A 3 Ea. Remove&Salvage Existing Fire Hydrant $659.00 $ 1,977.00 $310.00 $ 930.00 I 311-A 1 Ea. Furnish&Install Blow-Off Valve Assembly $2,565.00 $ 2,565.00 52,400.00 $ 2,400.00 E 312-A 2 Ea. Connect to Existing Water Line $7,245.00 $ 14,490.00 $1,800.00 $ 3,600.00 313-A 13 Ea. Transfer Existing Water Service $890.00 $ 11,570.00 S500.00 $ 6,500.00 AMOUNT BID: ALTERNATE 3 (Items 301-A Through 313-A) $ 301,350.00 $ 258,632.00 SUMMARY OF BID AMOUNT BID: BASE BID (Items 1 Through 110) $ 2,839,446.40 $ 2,927,621.85 AMOUNT BID: ALTERNATE 1 (Items 101-A Through 120-A) $ 1,286,550.99 $ 1,216,150.37 AMOUNT BID: ALTERNATE 2 (Items 201-A Through 221-A) $ 1,510,291.72 $ 1,434,007.62 AMOUNT BID: ALTERNATE 3 (Items 301-A Through 313-A) $ 301,350.00 $ 258,632.00 (BASE BID)+(ALTERNATE 1) $ 4,125,997.39 $ 4,143,772.22 (BASE BID)+(ALTERNATE 2) $ 4,349,738.12 $ 4,361,629.47 (BASE BID)+(ALTERNATE 1)+(ALTERNATE 3) $ 4,427,347.39 $ 4,402,404.22 (BASE BID)+(ALTERNATE 2) +(ALTERNATE 3) $ 4,651,088.12 $ 4,620,261.47 Continuously Reinforced Concrete Pavement(CRCP): Add or Deduct ALTERNATE 1: 24-FOOT PAVEMENT(CRCP) $ 85,000.00 $ (20,000.00) ALTERNATE 2: 36-FOOT PAVEMENT(CRCP) $ 130,000.00 $ (25,000.00) Calendar Days Bid: 365 280 Page 14 of 14 1:1Wyli62001-117\pecs4echlP&BS-2.x11 CITY OF WYLIE BOND PROGRAM Monthly Report Street Bonds($15,910,000 authorized) Bonds Issued 1999,2000,2001,2002 15,910,000.00 Total Expended to date (8,429,389.17) 1/t 1/2005 Issuance costs Balance remaining on issued Bonds ,480,610.83 FY2002&FY2003 FY2000& iii Original FY2005 FY2004 Expenditures to FY2001 Authorization Expenditures to date Expenditures to date Date Expenditures GRAND TOTAL Balance 1 P1 6916 Alanis Drive(Century Way to S Ballard) 3,700,000.00 12,766.64 443,438.38 328,423.50 32,700.50 817,329.02 2,882,670.98 I P2 2 6903 Kirby Street(SH78 to Birmingham) 900,000.00 195,701.18 595,106.22 914,985.43 1,705,792.83 (805,792.83) P3 6904 Stone Road(Birmingham to Ballard) 965,000.00 78,038.97 441,415.86 519,454.83 445,545.17 I P4 6905 Stone Road(Ballard to Akin) 2,000,000.00 194,621.40 106,722.78 301,344.18 1,698,655.82 P4 CO1 Ballard to Akin above($600,000) 0.00 0.00 0.00 0.00 0.00 P5 6906 S Ballard(Stone to Alanis) 2,600,000.00 14,550.00 2,688.47 438,014.12 455,252.59 2,144,747.41 P6 6910 Traffic Control Improvements 750,000.00 131,258.00 11,988.00 47,781.90 43,941.01 234,968.91 515,031.09 P7 Street Improvements ($600,000) 0.00 0.00 i P7 Remaining Balance- 153,310.00 0.00 153,310.00 P7 6902 Hilltop Alley 150,000.00 76,021.30 76,021.30 73,978.70 P7 2 6918 Alley Ballard/Jackson 95,000.00 10,004.81 12,089.72 22,094.53 72,905.47 j P7 2 6919 Alley Ballard/First 50,000.00 243,699.81 4,350.79 248,050.60 (198,050.60) P7 2 6926 Alley Spence/Liberty 6,690.00 6,687.00 6,687.00 3.00 6929 StoneyBrook Alley 145,000.00 0.00 132,322.50 0.00 132,322.50 12,677.50 P8 Street Improvements ($390,000) 0.00 0.00 P8 Remaining Balance- 200,000.00 0.00 200,000.00 P8 2 6901 McMillen Asphalt 120,000.00 107,198.39 107,198.39 12,801.61 P8 6920 Third Street 70,000.00 13,000.00 0.00 13,000.00 57,000.00 P9 2 6908 Median/Landscape(S Ballard) 70,000.00 76,869.49 76,869.49 (6,869.49) € P10 6909 Misc Sidewalk Improvements 500,000.00 11,301.50 35,570.00 2,740.00 49,611.50 450,388.50 Bond Proceeds 0.00 87,002.67 87,002.67 (87,002.67) Subtotal 12,475,000.00 158,574.64 662,429.06 1,768,260.25 2,263,736.39 4,853,000.34 7,709,002.33 i i ggg1 Additional sources of funds/expenditures: 6928 Highway 78 extension 0.00 77,259.51 75,013.74 0.00 152,273.25 (152,273.25) 9929 SH 78 0.00 3,121,233.50 92,822.20 0.00 3,214,055.70 (3,214,055.70) 0 misc 0.00 0.00 14,670.00 0.00 14,670.00 (14,670.00) FEDI 6915 SH 78 Intersections 400,000.00 13,171.97 0.00 68,674.49 81,846.46 318,153.54 CO3 6917 FM1378-FM544 to Brown Street 1,032,000.00 0.00 94,681.00 94,681.00 937,319.00 CO2 6907 Ballard-Alanis to Co Line 1,070,000.00 0.00 0.00 1,070,000.00 : Transfer to General Fund-Capital Projects Coordina 16,080.00 0.00 16,080.63 16,080.63 (0.63) i Newsletter Publication&Distribution 2,800.00 0.00 2,781.79 2,781.79 18.21 0.00 2,520,880.00 13,171.97 3,198,493.01 182,505.94 182,217.91 3,576,388.83 (1,055,508.83) Grand Total 14,995,880.00 171,746.61 3,860,922.07 1,950,766.19 2,445,954.30 8,429,389.17 6,653,493.50 3/11/2005 1:27 PM 2004-2005 capital proj summary I CITY OF WYLIE Item No. 7 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22, 2005 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No. #: Date Prepared: March 9, 2005 Budgeted Amount' 0 Historical information,school • Exhibits: information,Park Naming Policy AGENDA SUBJECT: Consider and act upon the naming of Cimarron Park, Eureka Park and Sage Creek North Park, Riverway Park. RECOMMENDED ACTION: Approval of the names as submitted. SUMMARY: Staff has been working with the Parks and Recreation Board since the end of 2004 on a list of potential names for Cimarron Park and Sage Creek North Parks. The list of potential names were as follows: Cimarron Park Sage Creek North Park Eureka Park Riverway Park Gallagher Park Creek Trails Park Housewright Park Woody Trails Park Kreymer Park Wooded Trails Park John W. Akin Jr. Park Hidden Trails Park From directives given by the Parks and Recreation Board, staff pursued working with the staff from the elementary schools in the vicinity of the parks to get input from the children on the name they would like for the parks. Prior to the February 28, 2005 Parks and Recreation Board meeting, the students of Akin Elementary (Mighty Diggers Club) submitted Eureka Park and the students from Groves Elementary (2❑d, 3ra, 4- grades) submitted Riverway Park. The name, Eureka, was chosen by founders in the 1850's for an area in Wylie where the Eastfork of the Trinity River and the Eureka Lake came together. Eureka owed its beginnings to William Marshall Lee who came here from Virginia in the early 1850's. Mr. Lee bought 2,800 acres of land located approximately three miles southeast of the present town of Wylie. Eureka means "I have found it," which is what the founders exclaimed when they discovered the rich bottom lands that had an "abundance of every type of tree imaginable and animals of every size and description." The children in the Mighty Diggers are the Junior Master Gardening group at Akin Elementary. The children in this group of 3rd and 4th graders chose Eureka because they thought that name would draw people to the park. The students also liked the history surrounding the name. APPROVED BY: Initial Date Department Director: RD \ 3/9/05 City Manager: 4/4/L \ -46 AJr AGENDA SUBJECT: Consider and act upon the naming of Cimarron Park, Eureka Park and Sage Creek North Park, Riverway Park. AGENDA SUBJECT: Consider and act upon the naming of Cimarron Park, Eureka Park and Sage Creek North Park, Riverway Park. SUMMARY: (Continued) Riverway Park was named for the street that runs next to the park. Many children that attend Groves Elementary live near that street and thought that would be a good name for the park. At the February 28, 2005 meeting the Parks and Recreation Board approved Eureka Park to replace the name for Cimarron Park and Riverway Park to replace the name at Sage Creek North Park. CITY OF WYLIE PARKS AND RECREATION DEPARTMENT PARK AND PARK FACILITY NAMING POLICY POLICY ADMINISTRATION 1. The park and recreation board ("board"), will be responsible for recommending a name for municipal parks and park facilities. 2. The board shall be responsible for research, study and recommendation of a proposed name to the city council. Rationale for the recommended name shall be given in writing and accompany the recommendation. 3. The recommended name will be forwarded to the city council for its consideration and approval. 4. Municipal parks and park facilities shall be named immediately prior to or during development, generally not later than 60 days after acquisition or commencement of construction or at the earliest possible date. 5. A park name or park facility name may be changed no more frequently than once every ten years. II. GUIDELINES FOR NAMING MUNICIPAL PARKS AND PARK FACILITIES 1. Names of municipal parks and facilities should be familiar to the majority of citizens, easy to recall, unique and lasting. 2. The following guidelines are listed in order of importance. Municipal parks and facilities shall be named: a) By outstanding and/or predominate physical characteristics of the land such as: 1. Those naturally occurring, such as forested areas, streams, rivers, lakes and creeks; 2. Manmade features such as subdivisions, streets, office/industrial or commercial complexes; 3. 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LOCATION MAP CITY OF WYLIE Item No. 8 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: March 22. 2005 Originating Department: Planning and Zoning Prepared By: Claude Thomason Account Code No.#: Date Prepared: March 9. 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon appointment of a new member to the Planning and Zoning Commission to replace Chris Seely for the unexpired term of July 2004 to July 2006. RECOMMENDED ACTION: Appoint new member to the Planning and Zoning Commission. SUMMARY: Article VIII, Section 2A of the City Charter authorizes the City Council to appoint a Planning and Zoning Commission to advise the Council in carrying out its various duties regarding planning and development. The Commission shall consist of seven(7) citizens who have been residents of the City at least twelve (12) months, appointed for terms of two (2) years each. Section 10.2 of the adopted"Rules of Procedures" for the Planning and Zoning Commission provides that any Commission member missing three (3) consecutive regularly scheduled meeting shall be subjected to dismissal from the Commission. Chris Seely was reappointed to the Planning and Zoning Commission for a two (2) year term expiring July of 2006. Mr. Seely, who has served very faithfully on the Commission since 2003 including serving currently as its Chairman, has recently accepted a senior position with an engineering firm which provides consulting for a significant amount of land planning and development within Wylie. In order to avoid any potential for conflict of interest, Mr. Seely has expressed his desire to resign immediately from the Commission(see attached letter). APPROVED BY: Initial Date Department Director: \ 3/5/05 City Manager: /1/ 4 \ �s* Mar 04 05 11 : 28a RCEI Garland 972 205 0550 p• 2 March 3, 2005 Claude Thompson City of Wylie Planning Department 2000 Highway 78 North Wylie, Texas 75098 Dear Claude: I regretfully inform you that as of March 3, 2005 I am resigning from the Wylie Planning & Zoning Commission. I have thoroughly enjoyed serving on the Commission as a Commissioner and Chairman for the past year and a half. However, due to future potential conflict of interests with my current employer (Adams Engineering) on several tracts within Wylie and placement on many future Planning & Zoning agendas, I feel that it is in the best interest for me and the City of Wylie that I resign my position. I would like to personally "Thank you" for your many hours of leading the Planning Department and providing experience and guidance to the Planning & Zoning Commission. Your assistance and leadership that you provide to the City of Wylie is immeasurable; however, many times it is taken for granted. Please feel free to contact me should you have any questions. Please pass this letter on to the Planning & Zoning Commissioners within the next meeting packet. Best regards, Chris Seely