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06-24-2008 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda June 24, 2008 - 6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 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. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. June 24,2008 Wylie City Council Regular Meeting Agenda Page 2 of 4 A. Consider, and act upon, approval of the Minutes from the June 10, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2008-30 amending Zoning Ordinance No. 2001-48, Article 4 Non-Residential District Regulations, Article 5 Use Regulations and to the Official Zoning Map to create a Business Government District. ZC 2008- 06 (R. 011ie, Planning Director) C. Consider, and act upon, Resolution No. 2008-21(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of improvements for Founders Park. (M. Sferra, Public Services Director) D. Consider, and act upon, Resolution No. 2008-22(R) acknowledging consent to the acquisition, by purchase or condemnation, of approximately 8.556 square feet of property located on FM 1378. (C. Holsted, City Engineer) E. Consider, and act upon, Resolution No. 2008-23(R) acknowledging consent to the acquisition, by purchase or condemnation, of approximately 12,920 square feet of property located on FM 1378. (C. Holsted, City Engineer) F. Consider, and act upon, Resolution No. 2008-24(R) amending Resolution No. 2007- 31(R), increasing the City of Wylie Municipal Court Judge monthly stipend of service. (J. Butters, Assistant City Manager) G. Consider, and act upon, a Preliminary Plat creating six Light Industrial lots for Regency Business Park Phase III , generally located at the east end of Capital Street. (R. 011ie, Planning Director) H. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports for the period ending May 31,2008. (L. Williamson, Finance Director) REGULAR AGENDA General Business 1. Consider, and act upon, appointment(s) to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. (M. Manson, City Manager) Executive Summary In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three (3) WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. Current members serving on the sub-committee are: WISD Trustee members Susan Shuler, Chair; Ronnie Fetzer, and Baron Cook. Current City Council members are: David Goss and Rick White. WISD Committee facilitator Dr. John Fuller has requested a third Council member be appointed to replace Mayor John Mondy. Staff is requesting the appointment a third member to the Wylie Independent School District City/School Partnership Committee. June 24,2008 Wylie City Council Regular Meeting Agenda Page 3 of 4 2. Consider, and act upon, Ordinance No. 2008-31 repealing Ordinance Nos. 1987-5 and 2004-15; amending Chapter 74 (Offenses and Miscellaneous Provisions), Article V (weapons) of the Wylie Code of Ordinances; defining terms for the article; prohibiting the sale of replica firearms and projectile weapons from ice cream vending trucks, mobile food vending trucks or push carts. (J. Duscio, Police Chief) Executive Summary Staff has received numerous complaints concerning the sale of BB guns, Air soft Guns, and Replica guns from Ice Cream Trucks, and Mobile Food Vending Trucks. The obvious concern is that these items are being sold to minor children without parental consent or knowledge. This ordinance will prohibit the sale of these items from this type of venue. 3. Consider, and act upon, the recommendations of the 2008 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for terms expiring June 30, 2008. (C. Ehrlich, City Secretary) Executive Summary Article 8, Section IA of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City and to make recommendations to the City Council. The City Council has prescribed the purpose, composition, function, duties, accountability and the tenure of each board, commission and committee. The City Secretary's Office began an active campaign to solicit for Board and Commission applications by utilizing the Wylie News, eWylie, all municipal facilities and current board and commission members. We also utilized the City's Website by offering application submittal on-line. An interview panel, consisting of three council members,was used to conduct interviews of all applicants. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Discussion and possible action regarding the Solid Waste & Recycling Contract. (J. Butters, Assistant City Manager) RECONVENE INTO OPEN SESSION Take any action as a result from Work Session. 4. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, award of bid for solid waste services and authorizing the Mayor to enter into a contractual agreement with Community Waste Disposal L.P. for the provision of solid waste services in the City of Wylie. (J. Butters, Assistant City Manager) June 24,2008 Wylie City Council Regular Meeting Agenda Page 4 of 4 WORK SESSION • Discussion and direction for pending items from the Value Engineering List for the New City Hall,Library and Recreation Center. (Mark Scruggs,ARCHITEXAS)) ADJOURNMENT CERTIFICATION 1 certi& that this Notice of Meeting was posted on this 20`"day of June 2008 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 was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, June 10, 2008 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. Council Members present were: Mayor Pro Tern Red Byboth, Councilman David Goss, Councilman Rick White, Councilman Carter Porter, Councilman Merrill Young and Councilwoman Kathy Spillyards. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Police Chief, John Duscio; Fire Chief, Randy Corbin; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Library Director, Rachel Orozco; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Brownie and Girl Scout Troops #1838 led the Pledge of Allegiance. Brownies and Girl Scouts Troop #1838 in attendance were: Annie Gunther, Elizabeth Krolczyk, Emily Harrah, Haylea Cloyes, Shelby Dudley, Sophia DeMoiay, Summer Blair, Taylor Davis and Victoria Bell. Scout leaders in attendance were: Sherrie Krolczyk and Charlotte DeMoiay. PRESENTATION Mayor Hogue presented Payton Wallin with a medallion for his nomination as a "Star Student" displaying the character trait of"Citizenship". CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No citizens were present to address City Council during Citizen Participation Minutes—June 10, 2008 Wylie City Council Page 1 APPOINTMENT OF MAYOR PRO TEM • (MOTION TO REMOVE FROM TABLE) Consider, and act upon, appointment of the Mayor Pro Tern for a one year term beginning June 2008 and ending May 2009. Council Action A motion was made by Councilman Porter, seconded by Councilman Young to remove the appointment of the Mayor Pro Tern from the table and consider. A vote was taken and passed 7-0. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to appoint Councilmember Red Byboth as the Mayor Pro Tern to begin June 2008 and end May 2009. A vote was taken and passed 4-3 with Mayor Pro Tern Byboth, Councilman Porter, Councilman Young, and Councilwoman Spillyards voting for and Councilman Goss, Councilman White and Mayor Hogue voting against. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the May 27, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2008-27, amending Zoning Ordinance No. 2001-48 to provide for regulations of posting signs on property for zoning changes. (R. 011ie, Planning Director) C. Consider, and act upon, a Final Plat for First Baptist Church Addition creating one lot on 7.704 acres, generally located on the northwest corner of S.H. 78 and Oak Street. (R. 011ie, Planning Director) Council Action A motion was made by Councilman Young, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 7-0. REGULAR AGENDA Public Hearings 1. Hold a Public Hearing, consider, and act upon, adopting new sign regulations, repealing Ordinance No. 2003-14 and repealing all conflicting ordinances. ZC2008- 07 (R. 011ie, Planning Director) Minutes—June 10, 2008 Wylie City Council Page 2 Staff Comments Planning Director 011ie addressed Council stating that staff is requesting that this item be tabled until July 8, 2008 to allow the City Attorney to attend the meeting. However, because publication and notification of the zoning item has been completed in accordance with State Law, the public hearing must be opened and some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, continue the public hearing and table the item to the July 8, 2008 Council meeting. Public Hearings Mayor Hogue opened the public hearing for Zoning Case 2008-07 at 6:10 p.m. asking anyone wishing to address council regarding sign regulations to come forward and keep their comments to three minutes. No one was present to address Council. Mayor Hogue closed the public hearing at 6:11 p.m. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to table consideration and possible action regarding sign regulations (ZC2008-07) to the July 8, 2008 Regular Council meeting to allow the City Attorney to be present. A vote was taken and passed 7-0. 2. Hold a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance 2001-48, Article 4 Non-Residential District Regulations, Article 5 Use Regulations and to the Official Zoning Map to create a Business Government District. (ZC2008-06) (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the current Zoning Ordinance limits non-residential uses within residentially zoned areas. Under current regulations, a library, general/governmental offices are not allowed within Residential Districts. The establishment of a Business Government District will bring existing municipal facilities into conformance with the zoning regulations accommodate municipal facilities located within residentially zoned districts. The Business Government (BG) District is intended to serve as a pedestrian-friendly center for governmental, office, cultural, entertainment and light commercial uses. Several parcels throughout the city would be affected by this proposed zoning change. Public Hearings Mayor Hogue opened the public hearing for Zoning Case 2008-06 at 6:15 p.m. asking anyone wishing to address council regarding Zoning Case 2008-06 to come forward and keep their comments to three minutes. No one was present to address Council. Mayor Hogue closed the public hearing at 6:16 p.m. Council Action A motion was made by Councilman White, seconded by Councilman Goss to approve an amendment to Zoning Ordinance 2001-48, Article 4 Non-Residential District Regulations, Article 5 Use Regulations and to the Official Zoning Map to create a Business Government District. (ZC2008-06). A vote was taken and passed 7-0. Minutes—June 10, 2008 Wylie City Council Page 3 General Business 3. Consider, and act upon, all matters incident and related to approving and authorizing publication of notice of intention to issue of $15,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2008 including the adoption of Resolution 2008-19(R) pertaining thereto. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the citizens of Wylie approved the issuance of $26,985,000 General Obligation Bonds to build a new Library, City Hall and Recreation Center. The estimated cost to build these facilities is approximately $41,985,000. The $15,000,000 Certificates of Obligations are being sold to complete the funding for these projects. He explained that the debt service for this obligation will be included in next year's l&S tax levy. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve all matters incident and related to approving and authorizing publication of Notice of Intention to issue $15,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2008 including the adoption of Resolution 2008-19(R) thereto. A vote was taken and passed 7-0. 4. Consider, and act upon, Ordinance No. 2008-28 amending Section 2 of Ordinance No. 2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (.1 Duscio, Police Chief) Staff Comments Police Chief Duscio addressed Council stating that due to increased pedestrian traffic attending Birmingham elementary staff is recommending a (20) miles per hour school zone on Westgate Dr. 1260 feet north of the intersection of Brown St. and 1170 feet south of Brown St. on school days. There is not an established school zone at this time. The location of the school is in close proximity to a residential neighborhood, two city parks and an elementary school. Chief Duscio explained that the only other amendment to the proposed ordinance was to add a section on page 4 to include appropriate hours of enforcement for such maximum speed limits to be set by the City's Engineer. He explained that this change would enable the hours to be changed according to the current school hours without bringing an ordinance amendment back to City Council each year. He noted that this change had been passed out to Council and needed to be made part of the motion to approve. Councilman Young asked if the speed limits could be reduced for residential areas of the city. He reported that he received many complaints from citizens regarding speeding in residential areas. Chief Duscio replied that reduction in speed limits could be proposed for Council consideration at a future meeting if Council wished to address that issue. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to approve Ordinance No. 2008-28 amending Section 2 of Ordinance No. 2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school zone hours in such zone; requiring that the City Minutes—June 10, 2008 Wylie City Council Page 4 Engineer establish the appropriate school zone times; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this Ordinance; providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. A vote was taken and passed 7-0. 5. Consider, and act upon, the appointment of a Council representative to the regional Emergency Preparedness Planning Council. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that in 2002 the Council of Governments created the regional Emergency Preparedness Planning Council (EPPC) in response to requests from elected officials that the various emergency preparedness plans be integrated and coordinated on a regional level. The EPPC meets every other month, and provides guidance and makes recommendations to the COG Executive Board and the Regional Emergency Preparedness Advisory Committee which is the technical arm (staff participants) of the initiative. Council Discussion Mayor Hogue reported that Councilman White had indicated a desire to serve on the COG regional Emergency Preparedness Planning Council (EPPC). Councilman Porter stated that speaking as both a Wylie City Council member and a North Texas Council of Governments Executive Board member; he believed Councilman White's expertise in this field made him more than qualified for this position and highly recommended him. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to appoint Councilman Rick White to the COG regional Emergency Preparedness Planning Council. A vote was taken and passed 7-0. 6. Consider, and act upon, Ordinance No. 2008-29 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of $65,000 for the purpose of purchasing Project 25 portable and mobile radios; providing for repealing, savings, and severability clauses; and providing for an effective date of this ordinance. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed Council stating that the City of Wylie will pay for an upgrade of the current analog and outdated 800 MHz portable and mobile radios. The old analog portable and mobile radios can be upgraded at a cost of approximately $1000 each. A new radio purchased at a later time costs approximately $2800. The reason for the savings is that Motorola and Nextel have provided this opportunity to each 800 MHz radio user. The City of Wylie will have Project 25 portable and mobile radios. Project 25 radios are the most compliant and best practices for interoperability. The Project 25 radios will work with a Digital and Analog system assuring the City of Wylie communications with any neighboring departments for years to come. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tern Byboth to approve Ordinance No. 2008-29 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of $65,000 for the purpose of purchasing Project 25 portable and mobile radios; providing for repealing, savings, and severability clauses; and providing for an effective date of this ordinance. A vote was taken and passed 7-0. Minutes—June 10, 2008 Wylie City Council Page 5 7. Consider, and act upon,Resolution No. 2008-20(R) to provide sanitary sewer service to a future Wylie Independent School District site located outside of the city limits. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the Wylie Independent School District has identified a potential future school site located outside of the City of Wylie in the City of Lucas ETJ. The site is adjacent to and on the west side of FM 1378 across from the Seis Lagos development as shown on the attached display. WISD has requested sewer service for the site which will require the construction of an offsite sewer line connecting to the sewer system in the Creekside Development. Extension of the sewer line to the site will be the responsibility of the WISD. Council Discussion Mayor Pro Tern Byboth asked City Engineer Hoisted if Council approved the extension of the sewer line to WISD, could it be intended for that property only. Mr. Holsted replied that the way the resolution was written, it was written for the school district only and site specific. Councilman Goss asked if approving this extension outside the city limits opened the City up to possibly more individuals and entities wishing to receive sewer service outside the Wylie City Limits. Mr. Holsted replied that with the gravity lines that would be constructed, if approved, he felt there would be more non-residents wishing to tie on to the new system. Mayor Pro Tern Byboth asked what WISD's options were if this item was denied. Mr. Holsted deferred the question to Assistant Superintendent Brian Miller. Assistant Superintendent Miller addressed Council stating that if the item was denied, the real estate committee would go back and review other sites that could be more favorable. Mr. Miller reported that the school needed to be in the northwest portion of the boundaries and 60 acres property was difficult to acquire. City Manager Manson reported that she had been in contact with the City Administrator in the City of Lucas and noted that the City of Lucas would need to sign off on this agreement for sewer service; which was in their jurisdiction. She reported that the City of Lucas was in favor of this agreement for sewer service and suggested other properties within the Lucas ETJ boundary that could tie in to the system in the future. She explained that her reply was that the City of Wylie was not entertaining the idea of sewer service to the area other than the school but suggested to the City Administrator that if the City of Lucas consider being a partner in the operation and maintenance of the Waste Water Treatment Plant as the City of Murphy and Wylie have and divide up the cost by the measure of flow. This could be something for discussion; with Lucas having separate sewer customers. Councilman Goss stated that he believed the item was getting the cart before the horse and stated that he could not support sewer service for anyone outside the City Limits. Mayor Pro Tern Byboth stated that he believed Wylie residents were taxpayers for both the school system and the City and being a good neighbor and partner to the Wylie School System, he thought it would behoove Council to approve the extension of sewer service to WISD; especially if we can isolate it to this one instance. Councilman Goss stated that many commercial properties would be crossed in approving this extension and at some point they would want a tie in. City Engineer Hoisted reported that he saw the property owners to the south of the proposed school as City of Lucas customers and felt that the City of Lucas should step up and become part of the wastewater treatment plant as a member city and service those properties. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve Resolution No. 2008-20(R) to provide sanitary sewer service to a future Wylie Independent School District site located outside of the city limits. A vote was taken and passed 5-1-1 with Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman White, Councilman Porter, and Mayor Hogue voting for and Councilman Goss voting against. Councilman Young filed a conflict of interest form and abstained from the vote. Minutes—June 10, 2008 Wylie City Council Page 6 8. Consider, and act upon, award of bid for solid waste services and authorizing the Mayor to enter into a contractual agreement with Community Waste Disposal L.P. for the provision of solid waste services in the City of Wylie. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the City of Wylie's current solid waste disposal contract will expire August 31st of this year. On March 25, 2008 the City Council appointed a solid waste citizens' advisory committee to provide feedback and advice to Council and staff on solid waste service issues. On April 10, 2008 the committee met and discussed solid waste service issues. The issues expressed included; dissatisfaction with the current level of service, a need for an option for disposing of household hazardous waste (HHW), a different method of residential bulk pickup, a need for curb-side Christmas Tree pick-up, a need for a mulching program, an option for bulk removal following storms, and a concern that revenue generated from recycle collection should be shared with the City/residents. Assistant City Manger Butters thanked the subcommittee members who served on the Solid Waste Advisory Board and staff members Larry Williamson and Mike Sferra for their assistance on this project. He reported that the committee reviewed the proposals submitted and agreed unanimously to recommend Community Waste Disposal L.P. Staff concurred with their recommendation. Citizen/Contractor Comments Riqobarto Benitez residing at 1701 Hightimber Lane, Wylie addressed Council stating that he had been employed by Allied Waste for the past 22 years. He reported that after his wife had surgery, the insurance that Allied provided had paid for all but $250. He stated that Allied was an excellent company and provider of solid waste service. He recommended that Council continue the contract with Allied Waste Service. Reid Donaldson, general manager for Allied Waste addressed Council stating that the company had a long history with the City of Wylie for the past twenty years. He thanked the Council and staff for their patronage. He reported that he was aware of the proposals and that Allied was not the low bidder. He asked that the Council review the services proposed carefully before making a final decision to award the solid waste service contract. Greg Roemer, President of Community Waster Disposal L.P. addressed Council stating that the largest difference between Community Waste Disposal and the other providers was that CWD are a privately held company while the others are publicly held companies. These companies do billions of dollars in revenues each year while CWD does $30 million each year. Locally we are a large company and operate 100 trucks providing excellent service to surrounding communities. We are very capable of transitioning the City's services and providing good service to Wylie. Council Discussion Mayor Pro Tern Byboth stated that he had contacted both the City Manager and Assistant City Manager this week to have concerns he had answered with regard to the proposed contracts. He stated that he still had many concerns presently. He explained that he was in the service industry, most specifically transporting of goods. He noted that in today's economy and fuel prices as they are, he was having a hard time understanding how the company could provide services based on their proposal. He noted that Mr. Butters had explained that the contract had clauses within to protect the City from high levels of increases but he felt if the company was suffering due to increases in fuel and other expenses, that would not be beneficial to the City or the citizens. Mayor Pro Tem Byboth noted at least seventeen areas within the contract the he had remaining concerns. He requested Council and staff table the item to allow time for a work session to discuss the contract to allow him to have a better comfort level. Mayor Hogue asked Mr. Butters based on the concerns presented tonight if the Council could table the contract and allow for a work session to address all of the concerns of Council. Mr. Butters replied that Minutes—June 10, 2008 Wylie City Council Page 7 tabling the item to allow for a work session would be permissible; however he suggested that Council ask Allied to extend their contract for 30-60 days to allow time for these discussions to take place. He noted that August 31, 2008 was the expiring date for the current contract held by Allied. Mayor Hogue asked Mr. Donaldson representing Allied Waste to come forward. He asked Mr. Donaldson if he would extend the contract for p 30 to 60 day period. Mr. Donaldson replied that Allied Waste would be happy to extend the contract for 30 days or even to the end of the year, if that's what it took to allow time for further discussion and bid award. Councilman Goss asked Assistant City Manager Butters if the proposal presented tonight was a complete proposal fully reviewed by the committee and staff. Mr. Butters replied that it was, however if Mayor Pro Tem Byboth had additional concerns he felt they should be addressed. Mayor Hogue stated that he believed the item needed to be tabled and all concerns needed to be addressed prior to award of bid. He noted that the work session and final action should be completed quickly to allow the item to move forward. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to table consideration of award of bid for a solid waste services contract to the June 24, 2008 City Council meeting. A vote was taken and passed 6-1 with Mayor Hogue, Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman Porter and Councilman Young voting for and Councilman Goss voting against. 9. Consider, and act upon, authorizing the Wylie Economic Development Corporation to enter into a Performance Agreement with T. W. Snider & Associates. (S. Satterwhite, WEDC Executive Director) Staff Comments Wylie Economic Development Corporation Executive Director Satterwhite addressed Council stating that a Letter of Intent between the Wylie Economic Development Corporation (WEDC) and T.W. Snider & Associates (Snider) had been presented to Council for review. As per the terms of the attached Letter of Intent, the WEDC will be participating in the development of a garden-office complex consisting of 19,200 square feet of office condominiums. The site is located northeast and adjacent to the Brookshire's Shopping Center near the intersection of State Highway 78 and F.M. 544. The incentive package has a potential value of up to $205,000 and is payable in four installments. The first installment consists of $85,000 and is payable upon completion of a 4,800 square foot shell and parking and utilities to support all four phases. Each phase consists of four, 1,200 square foot office units which will be sold; giving a small business the opportunity to have ownership in the complex. Phases two through four are funded at$40,000 each and are payable when all units sold with each complex having a cumulative$600,000 sales price. He explained that the WEDC was aggressive with this project for two reasons. First of all, the property being developed is adjacent to a neighborhood which has had past difficulty is supporting commercial development. Mr. Snider has proposed a project which has little to no adverse impact on the adjacent neighborhood. Secondly, there are no similar opportunities for small business to own their office. There are many opportunities for a small business to lease office space, but there are no like opportunities in Wylie as described above. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Young to authorize the Wylie Economic Development Corporation to enter into a Performance Agreement with T. W. Snider &Associates. A vote was taken and passed 7-0. Minutes—June 10, 2008 Wylie City Council Page 8 READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the Ordinance captions to Ordinance No.'s 2008-27, 2008-28, and 2008-29 into the official records. Mayor Hogue convened into Work Session at 7:35 p.m. WORK SESSION • Presentation, update, discussion, and direction related to revisions to the design development and construction of the New Library, Recreation Center and City Hall. (ARCHITEXAS, Architect/Holzman Moss, Architecture) Craig Melde Principal for ARCHITEXAS presented Council with estimates for the New City Hall, Recreation Center and Library. He reported that the firm was closer to 60% completion with the construction documents but due to the escalating costs in construction, the firms felt it necessary to present estimated costs at this time. Staff from Thomas S. Byrne was present and explained that construction for large projects such as the new stadium in Arlington had put pressure on the labor force and contractors. Many contractors were busy with other large area projects, making bid estimates come in higher. He also noted the economy overall having a negative effect on cost overruns with building materials, such as steel. Mr. Meade reported that cost estimates currently were over budget by $2,044,616. Mr. Meade explained to the Council that the firms had reviewed optional construction and material costs that could reduce the overall cost of the buildings and more in line with the proposed budget. He reviewed with Council each item and noted that some options, the firms were recommending, while others were on the table for discussion but not recommended by the firms. Direction from Council was to continue construction documents with no shell out of the 3rd floor of City Hall or east portion of the stack area in the Library; bring back options to include the end- grain wood flooring; bring back options for the glass entrances to the three buildings; some Council members wished to consider keeping the retention ponds; look into the option of leased lighting fixtures, research the aluminum wiring, and make all other recommended changes. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into open session at 9:21 p.m. ADJOURNMENT With no further business before City Council, a motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to adjourn the meeting at 9:22 p.m. A vote was taken and passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—June 10, 2008 Wylie City Council Page 9 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 24, 2008 Item Number: B (City Secretary's Use Only) Department: Planning Prepared By: Mary Bradley Account Code: Date Prepared: 06/16/08 Budgeted Amount: Exhibits: Three Subject Consider, and act upon, Ordinance No. 2008-30, amending Zoning Ordinance No. 2001-48, Article 4 Non- Residential District Regulations, Article 5 Use Regulations and to the Official Zoning Map to create a Business Government District. Recommendation Motion to approve Ordinance No. 2008-30, amending Zoning Ordinance No. 2001-48, Article 4 Non- Residential District Regulations, Article 5 Use Regulations and the Official Zoning Map to create a Business Government District. Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The request to create a Business Government District would allow for current municipal facilities to be brought into conformity with Article 5 Land Use Charts and to establish a zoning category for future municipal facilities. Zoning Ordinance 2001-48 Article 4 (NON-RESIDENTIAL DISTRICT REGULATIONS) Article 5 (USE REGULATIONS), of the Comprehensive Zoning Ordinance of the City, is amended herein by the granting of this Ordinance. Approved By Initial Date Department Director RO 06/17/08 City Manager 6//7/O2 Page 1 of 1 ORDINANCE NO. 2008-30 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 2001-48 OF THE CITY OF WYLIE, TEXAS, BY AMENDING ARTICLE 4 NON-RESIDENTIAL DISTRICT REGULATIONS, ARTICLE 5 USE REGULATIONS AND TO THE OFFICIAL ZONING MAP TO ESTABLISH A BUSINESS GOVERNMENT DISTRICT; 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; WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Zoning Ordinance No. 2001-48, Article 4, and Article 5, establishing regulations to allow for current municipal facilities to be brought into conformity with Article 5 Land Use Charts and to establish a zoning category for future municipal facilities. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. 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 Business Government (BG) District, said property being described in Exhibit "A" (Legal Description), Exhibit"B" (Location Map) attached hereto and made a part hereof for all purposes. Ordinance No.2008-30 Amending Ordinance No.2001-48 Establishing A Business Government District Zoning Case No.2008-06 SECTION 2: Amendment to Zoning Ordinance No. 2001-48 The City of Wylie's Comprehensive Zoning Ordinance No. 2001-48 Article 4 and Article 5 is hereby amended to add the following: Article 4,Section 4.1 Commercial Districts D.Business Government District(BG) 1. Purpose: The Business Government District is intended to serve as a pedestrian-friendly center for governmental, office, cultural, entertainment and light commercial uses. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for Business Government District. Figure 4-4—Business Government District(BG) Height Height of Main Structure (feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback (feet) 25 Side Yard Setback(feet) 10 Rear Yard Setback(feet) 10' Lot Coverage (maximum) 50 % Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side & Rear Setback— 10' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side & Rear Setback— 5' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses Ordinance No.2008-30 Amending Ordinance No.2001-48 Establishing A Business Government District Zoning Case No.2008-06 Section 5.1 LAND USE CHARTS Figure 5-2 District Abbreviations ABBREVIATE ZONING DISTRICT NAME U DESIGNATION Low-Density Residential Districts AG/30 Agricultural District SF-IAi'30 Single Family I Acre Medium Density Residential Districts SF-2026 Single Family - 2() District SF-10 24 Single Family - 10 District [Iigh-Density Residential Districts li 1 Townhouse District Nib Nlultitamil\ District MR Manufactured Home District Commercial Districts NS Neighborhood Services District C"R Community Retail District CC Corridor Commercial District BG Business Government Industrial District L.l light Industrial District 11I lIeavv Industrial District Special Purpose and Overlay Districts Pl) Planned Development District FP Floodplain District DTI I Downtown Historic District Section 5.2 LISTED USES C. Institutional& Community Service Uses 3. Civic Center a. Definition: A Civic Center is a building or complex of buildings that house municipal offices and services, and which may include,but are not limited to, cultural,recreational,athletic, convention or entertainment facilities owned, managed, or operated, in whole or in part by a governmental agency. b. Permitted Districts: See Land use Charts in Section 5.1. c. Required Parking: Shared parking calculated at thirty percent(30%) of peak demand period based on use. Buildings must be designed as complexes with parking placed behind pedestrian- Ordinance No.2008-30 Amending Ordinance No.2001-48 Establishing A Business Government District Zoning Case No.2008-06 oriented walkways. The total number shall be determined during a site plan review process that considers: Library=One space for every 200 square feet of floor area. Office=One space for every 300 square feet of floor area. Recreational Center=The following general standards when applicable: i. One space for every 100 square feet of floor area for structures ii. Three spaces for every game court; iii. One space for every three seats in any assembly area; iv. Seventy spaces for every playing field used for league play. F. Retail,Personal Service& Commercial Uses 13. General Merchandise or Food Store 5,000 s.f. or less f. Additional Provisions: BG District: Use must be incorporated into the Civic Center facility and owned, managed, operated, or contracted through, in whole or in part by a governmental agency. 21. Restaurant without Drive-in or Drive-through Service f. Additional Provisions for BG District: Restaurant Use must be incorporated into the Civic Center facility and owned, managed, operated, or contracted through, in whole or in part by a governmental agency. SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for 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. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: 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 it 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. Ordinance No.2008-30 Amending Ordinance No.2001-48 Establishing A Business Government District Zoning Case No.2008-06 SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, 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 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24th day of June, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—July 2, 2008 Ordinance No.2008-30 Amending Ordinance No. 2001-48 Establishing A Business Government District Zoning Case No.2008-06 Exhibit "A" Legal Description Zone Case#2008-06 BEING three tracts of land situated as follows: The M. Milliron Survey, Abstract No. 563, Tract 2 and containing 158.6647 acres and The John W. Curtis Survey, Abstract No. 196, Tract 1 and containing 68.7110 acres for a total of 227.3757 acres; The Allen Atterbury Survey, Abstract No. 23, Tracts 23 and 54, containing 28.392 acres; Lot 2, Block A in the Wylie High School Addition, containing 80.066 acres of land, being in the City of Wylie, Collin County, Texas / 4' .rr. 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Recommendation Motion to approve Resolution No. 2008-21(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of improvements for Founders Park. Discussion The 2003 Collin County Bond election established a pool of funding for park and open space development in Collin County. The County took the approach of establishing a matching grant system as the means of distributing the funding throughout the County. The grant is set up as a 50-50, dollar-for-dollar, reimbursement program. Staff received notice in March 2008 that the County was accepting grant applications for the development, expansion or improvement of parks and open space. Applications must be submitted to the County by July 8, 2008, and awards for successful applications will be made by the County in October 2008. The sponsoring entity must approve a resolution authorizing the project application submittal and designation of a project official. The grant application requests approximately $600,000 in funding from Collin County to supplement the existing $5.47 million in available bonds funding. This grant application proposes to use the value of the existing park land as the match for grant; therefore, no additional expenditures are required by the City to fulfill the 50 — 50 matching requirement. According to the Collin County Appraisal District website, the existing Founders Park acreage is valued at approximately $35,000 per acre. Approximately 30 acres of the site is undeveloped, consequently, the value of the existing undeveloped land is in excess of$1 million which is more than adequate for the match. To remain eligible for potential grant funding, the County advises that the construction contract should be issued after October 1, 2008. Staff is currently working with the project consultant on the bid documents, plans, Page 1 of 2 Page 2 of 2 and specifications, and the date recommended by the County does not present a problem. Proposed improvements include construction of soccer and softball fields, lighting, hike and bike trails, concession stands and restrooms, additional parking, landscaping, irrigation, utilities, and site amenities. Staff anticipates using any grant proceeds to award alternate bid items that would enhance the items contained in the base bid, i.e., wider trails, more landscaping, additional shade structures or pavilions, additional parking, etc. Approved By Initial Date Department Director MS 6/2/08 City Manager CM/OP RESOLUTION NO. 2008-21(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE APPLICATION TO COLLIN COUNTY FOR GRANT FUNDING FOR THE FOUNDERS PARK IMPROVEMENT PROJECT AND DESIGNATING A PROJECT OFFICIAL. WHEREAS, Collin County is accepting grant applications for the development, expansion, or improvement of parks in Collin County, utilizing Open Space Program bond funds; and WHEREAS, the City of Wylie wishes to make improvements to Founders City Park; and WHEREAS, the City of Wylie wishes to designate a project official for the purposes of working with Collin County; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City of Wylie hereby certifies that the matching share for this application is readily available at this time. SECTION 2: That the City of Wylie hereby authorizes and directs its City Manager or his designee to act as the Applicant in working with Collin County for the purposes of the grant funding. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 24th day of June 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-21(R) Application to Collin County For Grand Funding-Founders Park Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 24, 2008 Item Number: D (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: June 17, 2008 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2008-22(R) acknowledging consent to the acquisition, by purchase or condemnation, of approximately 8,556 square feet of property located on FM 1378. Recommendation Motion to approve Resolution No. 2008-22(R) acknowledging consent to the acquisition, by purchase or condemnation, of approximately 8,556 square feet of property located on FM 1378. Discussion Collin County is acquiring property for the FM 1378 project between FM 544 and Brown Street. The County's attorney has asked that the Council consider the attached Resolution acknowledging consent to the acquisition of the property by purchase or condemnation. The parcel is located on the west side of FM 1378 north of Brown Street and includes approximately 8,556 square feet of land. Approved By Initial Date Department Director CH 6/17/08 City Manager 6 // clot Page 1 of 1 RESOLUTION NO. 2008-22(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACKNOWLEDGING CONSENT TO THE ACQUISITION, BY PURCHASE OR CONDEMNATION, OF CERTAIN PROPERTIES FOR THE RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE CONSTRUCTION OF AND/OR IMPROVEMENTS TO FARM-TO-MARKET ROAD 1378 ("FM 1378") BETWEEN FM 544 AND FM 3412; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collin County, Texas (the "County") has determined that current county needs necessitate the widening and realignment of Farm-to-Market Road ("FM") 1378 between FM 544 and FM 3412 in Wylie, Texas (the "Project"); and WHEREAS, the County has determined that in order to facilitate the Project, the County must acquire certain property interests as generally set forth below and more fully described in Exhibit"A" attached hereto (the "Property"): approximately 8556 square feet of land, more or less, in the G.W. Gunnell Survey, Abstract No. 351, Collin County, Texas, and being part of a called 9.994 acre tract of land conveyed to Deborah J. Mulcahy by deed recorded in County Clerk File No. 93-0073282 of the Deed Records of Collin County, Texas; and WHEREAS, it is the City of Wylie, Texas' ("Wylie") desire to proceed with the Project and consent to the County's acquisition, by purchase or condemnation, the necessary right-of-way and/or easements on the Property on behalf of the Texas Department of Transportation for the purpose of, among other things, the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. Resolution No.2008-22(R) Acquisition of Property For Right Of Way/Related Easements For FM 1378 Between FM544 and FM3412 519746v1 SECTION 2: Consent. Wylie desires to proceed with the Project and consents to the County's acquisition, by purchase or condemnation, the necessary right-of-way and/or easements on the Property on behalf of the Texas Department of Transportation for the purpose of the Project. Should the County be unable to acquire the right-of-way and/or easements by purchasing same, the City hereby consents to the commencement of condemnation proceedings for the acquisition of the right-of-way and/or easements for the Project. SECTION 3: Authority to Execute Documents. The City Manager is hereby authorized, on behalf of Wylie, to execute all documents necessary in relation to the County's acquisition, by purchase or condemnation, of the Property. SECTION 4: Effective Date. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 24th day of June, 2008. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: Carole Ehrlich, City Secretary Abernathy, Roeder, Boyd & Joplin, P.C. Rebecca Brewer City Attorneys Resolution No.2008-22(R) Acquisition of Property For Right Of Way/Related Easements For FM1378 Between FM544 and FM3412 519746v1 Font a0w-A-5 Rev,3/2004 GSD-Erc FIELD NOTES • Exhibit"A" • County:Collin Page 1 of 4 Highway; FM 1378 April 17,2003 From FM 544 Rev.December 16,2003 To:FM 3412 Rev.March 8,2004 DGN CSJ:0619-06-007 Rev.June 7,2004 ROW CSJ:0619-06-01•1 Rev.August 4,2004 Legal Land Description for Parcel No.5 BEING a 0.1964 acre or 8,556 square foot tract of land situated in the G.W. Gunnell Survey,Abstract Number 351,Collin County, Texas,and being a portion of that certain tract of land conveyed to Deborah J. Mulcahy according to the deed recorded at County Clerk's File No. 93-00732E2, Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 3-1/4 inch Texas Department of Transportation aluminum disk set for corner in the south line of the aforementioned Deborah J.Mulcahy tract and the north line of the remainder of that certain tract of land conveyed to Frances Bates Wells according to the Last Will and Testament of Clarinda.Mathews and described as Separate Estate "A"in the documents recorded in Case No. 90-136 of the Records the Probate Court of Collin County,Texas,from whence a 3/8" iron rod found at the southwest corner of said Deborah J.Mulcahy tract bears North 88 degrees 38 minutes 26 seconds West—1,634,87 feet, said disk being in the proposed west right of way line of F.M. Hwy. No. 1378 (a variable width right of way);** (1) THENCE North 00 degrees 08 minutes 34 seconds East, departing the south line of said Deborah J. Mulcahy tract and the north line of said Francis Bates Wells tract and with said proposed west right of way line of F.M. Hwy. No. 1378, 132.76 feet to a 3-1/4 inch Texas Department of Transportation aluminum disk set for cornet?* (2) THENCE North 03 degrees 18 Minutes 35 seconds West,continuing with said proposed west right of way line of F.M. Hwy,No. 1378 (a variable width right of way), 129.49 feet to a 3-1/4 inch Texas Department of Transportation aluminum disk set for corner in the north line of said Deborah J. Mulcahy tract and the south line of that certain tract of land conveyed to Kenneth Bevis, Et Ux according to the deed recorded in Volume 684,'Page 218,Deed Records,Collin County,Texas;** Form ROW-A-5 Rev.3/2004 GSD-EPC FIELD NOTES CONTINUED Exhibit"A" County: Collin Page 2 of 4 Highway: FM 1378 April 1°7,2003 From: FM 544 Rev.December l 6, 2003 To: FM 3412 Rev. March 8,2004 DGN CSJ; 0619-06-007 Rev.June 7,2004 ROW CSJ: 061 9-06-011 Rev.August 4,2004 Legal Land Description for Parcel No. 3 (3) THENCE South 88 degrees 38 minutes 22 seconds East, departing said proposed west right of way line of F.M.Hwy.No. 1378 and with the north line of said Deborah.J. .Mulcahy tract and the south line of said Kenneth Bevis, Et Ux tract, 39.02 feet to a 1/2 inch iron rod set for the northeast corner of said Deborah. J. Mulcahy tract and for the southeast corner of said Kenneth Bevis, Et Ux tract, said iron rod being in the existing west right of way line of F.M. Hwy. No. 1378 (a variable width right of way Called 90 feet wide at this point according to the right of way map for F. M.Highway No. 1378 as recorded in Volume 416,Page 25, Deed Records of Collin County,Texas); (4) THENCE South 00 degrees 20 minutes .32 seconds West, with said existing west right of way line F.M.Hwy.No. 1378(a variable width right of way at this point according to the right of way map for F. M. Highway No. 1378 as recorded in Volume 416, Page 25, Deed Records of Collin Countyy, Texas),261.83 feet to a 1/2 inch iron rod found for the southeast corder of the aforementioned Deborah J. Mulcahy tract and the northeast corner of the aforementioned Frances Bates Wells tract; (5) THENCE North 88 degrees 38- minutes 26 seconds West, departing said existing west right of way line F.M. Hwy. No. 1378 and with the south line of said Deborah J. Mulcahy tract and the north line of said Francis Bates Wells tract, 3031 feet to the POINT OF BEGINNING and containing 0.1964 acres or'8,55:6 square feet of land,more or less.. Bearings for this survey.are based on the Texas state.plane coordinate system, NAD 83, referenced to the City of Garland,Texas GPS control monurnentation. **The monument described and set in-this call,if destroyed during construction, may be replaced with a TxDOT Type II Right of Way Marker upon completion of the highway construction project under the supervision of a Registered Professional Land Surveyor,. either employed or retained by TXDOT.. Form ROW-A-5 Rev.3/2004 GSD-EPC FIELD NOTES CONTINUED Exhibit"A" County: Collin Page 3 of 4 Highway: FM 1378 April 17,2003 From:FM 544 Rev.December 16,2003 To:FM 3412 Rev. March 8,2004 DON CSk 061.9-06-007 Rev. June 7,2004 ROW CS):0619-06-011 Rev.August 4, 2004 Legal Land Description for Parcel No. 5 Prepared By: Nathan.D. Maier Consulting Engineers,Inc. 8080 Park Lane,Suite 600 Dallas,Texas 75231 Kp� it_p{` , ,�a v% 41%• L. Me ton a- * Fp -N Registered.Professional Land Surveyor No.4268 JOHN L. MEL t.t Forrn ROW-A-5 Rev.3/2204 GSD-EPC PARCEL SKETCH County: Coffin Exhibli "A" Page 4 of 4 Highway: FM 1378 PARCEL NO. 5 AprIl 17, 2003 From: FM 544 Rev. December 16, 2003 To: FM 3412 Rev. March 8, 2004 DGN CSJ: 0619-06-007 (:t4.I fp Rev. June 7, 2004 ROW CSJ: 0619-06-011 lf. 7 I- Rev. August 4, 2004 h. "FIPE FOUND .• Tet LINE F.M. HWY. NO. 1378 (VOLUME 416. PAGE 25) KENNETH BEVIS, ET UX clo (VARIABLE 1•410rif RIGHT OF WAY) ‘' fri7 VOLUME 684, PAGE 218 leparrir Y tee ' cz\O.. , A..vrstfivo RIGHT OF WAY LINE 43' -,& 13'504 a:( 7:4 (-5';• :r.,.- 4:( _4643_, 00' &t.:',..'.' ....kii2. STATE OF TEXAS P':\ d.: 9'-' ,‘ VOLUME 419, PAGE 20-1-------- G- t" S 85"38',2.2" E G° 1 14. caS ' 39.02' ZLAN, LTD. CLERK'S FILE NO, 94-0029160 ... - i ' I Ian' DEED RECORDS, COLLIN CO., 7X “.7-t/.4'TxDoT Fr•,---.;t.v...,-I. . meteimewrsr k3-3.1..- , 1/2 RON :::-:•,•-,V::t.. ... Rre ser ii..,i 41 k'' N 0318 ,5a w -U.:L.s.-- STATE OF TEXAS 129.49.' '=- ,:.,:,..;•' . < VOLUME 419, PAGE 213 -• ::-... re. DEBORAH J. MULCAHY .:r N .. ''''' ,, 0 F.M. HWY. No. 3412 SCALE:1”.--100' CLERK'S FILE NO. 93-0073282 ,;:.:::...-, (FORMERLY CALLED F.M. HWY. NO. 544) DEED RECORDS, COLLIN CO., 7.)e.,,es,* (VOLUME 388, PAGE t) !NtS-tete Ti..' t'15,7 (VARIABLE 14,10171 RIGHT OF WA)) Artwaval.047,:t4q92:' !L STATE OF reXAS CONDEhlNAnoN NO. 11029 .,. ,••• ••-;- II,' - '%,-;,:::.2., .-6, VOLUME J. PAGE 24 N 00V8)34" E , ..z.i5.-;-::,- N 132.16' - : ,:-.,4 a 1/2-INN Roo teriuNo• • **3-1/4`moor MOM/WENT SET r, ,,,,, .,........ ,,,, .iyov N 8838'26" W 1634.87' z. ;•,1 POST FOUND -- ROD row .,,, -89.70 - . i . f ' / —r: - _AP , 1`,-- 1,4 LW ,, cV' POINT OF . /43 --- 0,6 BEGINNING .." I , CENTER r . lAS A- N 88 Roo178'26" i .. / If ,I4. e,s‘• FRANCES BA TES WELLS I ,- A., WM' J.• p, / \AAP' NiC( f 63 REMAINDERSEPARATE ESTATE "A" as , CASE NO. 90--136 / ,/. OIC 5k.) 1..10, COLLIN COUNTY PROBATE COURT 051. STATE" OF TEXAS/ -*--.STATE OF TEXAS 713e monument described and set in this VOLUME 419, PACE 201 /1 / VOLUME 392, PAGE 130 coil, if destroyed during cOnstruct I ion. may . be replaced with o TxDOT Type 11 Right of 1 (020 rRANces BATES WELLS Way Meeker upon completion of the highway ___ATTO10 ,,,... I 1 REMAIMYER"'SEPARATE ESTATE- "B" project under the supervision of a Registered '' '"'" WAY" , CASE NO. 96-436 E Professional Land Surveyor, either employed I COLLIN COUNTY PROBAT COURT or retained by TxDOT. PLAT OF SURVEY A Legal Description of even dote SHOWING A LEGEND oceomponies this plat. 8,556 SO. FT TRACT OF LAND Existing Roodwoy Right ___—____....._ SITUATED IN THE Of Way Boundary Line Bearings for this survey ore based on the G.W. GUNNELL SUI?VEY Right of Way Line Texas state plane coordinate system, NAD Properly Line 83, referenced to the City of Garlon4 ABSTRACT NO. 351 Survey Line ---- ----1-.------ Texas CPS control monurnentotlon. COLLIN COUNTY, TEXAS Center Line NAThAN D. MAIER CONSULTING ENGINEERS, INC. r Two Northpork / 8080 Pork Lc/he / Suite 600 - Del los, Texas 7-5231 / Ph. (21 4) 732-4741 • \ DV 0019EX05.DWG JOB NO. 00701—.01_9 Page 2.14 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 24, 2008 Item Number: E Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: June 17, 2008 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2008-23(R) acknowledging consent to the acquisition, by purchase or condemnation, of approximately 12,920 square feet of property located on FM 1378. Recommendation Motion to approve Resolution No. 2008-23(R) acknowledging consent to the acquisition, by purchase or condemnation, of approximately 12,920 square feet of property located on FM 1378. Discussion Collin County is acquiring property for the FM 1378 project between FM 544 and Brown Street. The County's attorney has asked that the Council consider the attached Resolution acknowledging consent to the acquisition of the property by purchase or condemnation. The parcel is located on the west side of FM 1378 north of Brown Street and includes approximately 12,920 square feet of land. Approved By Initial Date Department Director CH 6/17/08 City Manager ..0P4z KV/`771b° Page 1 of 1 RESOLUTION NO. 2008-23(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACKNOWLEDGING CONSENT TO THE ACQUISITION, BY PURCHASE OR CONDEMNATION, OF CERTAIN PROPERTIES FOR THE RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE CONSTRUCTION OF AND/OR IMPROVEMENTS TO FARM-TO-MARKET ROAD 1378 ("FM 1378") BETWEEN FM 544 AND FM 3412; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collin County, Texas (the "County") has determined that current County needs necessitate the widening and realignment of Farm-to-Market Road ("FM") 1378 between FM 544 and FM 3412 in Wylie, Texas (the "Project"); and WHEREAS, the County has determined that in order to facilitate the Project, the County must acquire certain property interests generally set forth below and more fully described in Exhibit "A" attached hereto (the "Property"): approximately 12,920 square feet of land, more or less, in the G.W. Gunnel Survey, Abstract No. 351, Collin County, Texas and being part of a called 10.002 acre tract of land conveyed to D.L. Caldwell by deed recorded in County Clerks File No. 20071015001415550 of the Deed Records of Collin County Texas; and WHEREAS, it is the City of Wylie, Texas' ("Wylie") desire to proceed with the Project and consent to the County's acquisition, by purchase or condemnation, the necessary right-of-way and/or easements on the Property on behalf of the Texas Department of Transportation for the purpose of, among other things, the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. Resolution No.2008-23(R) Acquisition of Property for Right of Way/Related Easements For FM 1378 between FM544 and FM3412 519742v1 SECTION 2: Consent. Wylie desires to proceed with the Project and consents to the County's acquisition, by purchase or condemnation, the necessary right-of-way and/or easements on the Property on behalf of the Texas Department of Transportation for the purpose of the Project. Should the County be unable to acquire the right-of-way and/or easements by purchasing same, the City hereby consents to the commencement of condemnation proceedings for the acquisition of the right-of-way and/or easements for the Project. SECTION 3: Authority to Execute Documents. The City Manager is hereby authorized, on behalf of Wylie, to execute all documents necessary in relation to the County's acquisition, by purchase or condemnation, of the Property. SECTION 4: Effective Date. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 24th day of, 2008. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: Carole Ehrlich, City Secretary Abernathy, Roeder, Boyd& Joplin, P.C. Rebecca Brewer City Attorneys Resolution No.2008-23(R) Acquisition of Property for Right of Way/Related Easements For FM1378 between FM544 and FM3412 519742v1 Form ROW-A-5 REV.3/2004 GSD-EPC FIELD NOTES Exhibit"A" • County: Collin Page 1 of 3 Highway: FM 1378 April 17,2003 From:FM 544 Rev, December 16,2003 To:FM 3412 Rev.March 8,2004 • DGN CSJ: 0619-06-007 Rev. June 7,2004 ROW CSJ: 0619-06-011 Rev. August 4,2004 Legal Land Description for Parcel No. 9 BEING a 0.2966 acre or 12,920 square foot tract of land situated in the G.W. Gunnell Survey, Abstract Number 35.1, Collin County,Texas, and being a portion of that certain tract of land conveyed to the Hampton Living.Trust according to the deed recorded at County Clerk's File No. 96-0016870, Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a.3-1/4 inch Texas Department of Transportation aluminum disk set for corner in the north line of the aforementioned Hampton Living Trust tract and the south line of that certain tract of land conveyed to the City of Wylie according to the deed recorded in Volume 4147, Page; 1350, Deed Records of Collin County, Texas, from whence a 1/2 inch iron rod found for the northwest corner of said Hampton Living Trust tract bears North_88 degrees 59 minutes 24 seconds West—1,601,53 feet, said disk being in the proposed west right of way line of F.M. Hwy, No. 1378 (avariable width right of way);** (1) THENCE South 88 degrees 59 minutes 24 seconds East, with the north line of said Hampton Living Trust tract and the south line of said City of • Wylie tract,48A3 feet to a.1/2 inch iron rod found for the northeast corner of said Hampton Living Trust tract and the southeast,comer of said City of Wylie tract, said iron rod being in the existing west right of way line of FM.Hwy. No. 1378 (a variable width right of way called 90 feet wide at this point.according to the right of way map for F.M. Highway No. 1378 as recorded in Volume 416, Page 25, Deed Records of Collin County, Texas); (2) THENCE South 00 degrees 13 minutes 46 seconds West, with said existing west right of way line of F.M. Hwy. No. 1378 (a variable width right of way called 90 feet wide at this point according to the right of way map for F.M. Highway No. 1378 as recorded in Volume 416, Page 25, Deed Records of Collin County,Texas),268:48 feet to a 1 inch pipe found for the southeast corner of said Hampton Living Trust tract and the northeast corner of that certain tract of land conveyed to Kenneth Bevis, Et IOx,_according to the deed recorded in Volume 684, Page 218, Deed Records of Collin County,Texas; Form ROW-AS Rev.3/2004 GSD-EPC FIELD NOTES CONTINUED Exhibit"A" County: Collin Page 2 of 3 Highway: FM 1378 April 17,2003. From:FM 544 Rev. December 16, 2003 To:FM 3412 Rev. March 8,2004 DON CSJ: 0619-06-007 Rev.June 7,2004 ROW CSJ: 0619-06-011 Rev. August 4,2004 Legal Land Description for Parcel No. 9 (3) THENCE North 88 degrees 39 minutes 16 seconds West,.departing said existing west right of way line of F.M. Hwy. No. 1378 and with the south line of said Hampton Living Trust tract and the north line o.f said Kenneth Bevis, Et Ux tract, 47,88 feet to a 3-1/4 inch Texas Department of Transportation aluminum disk set for corner in the aforementioned proposed west right of way line of F.M.Hwy, No. 1378;** (4) THENCE North 00 degrees 06 minutes 33 seconds East, departing the south line of said Hampton Living Trust tract and the north line of said Kenneth Bevis,Et Ux tract and with said proposed west right of way line of F.IvI. Hwy. No. 1378, 268.20 feet to the POINT OF BEGINNING and containing 0.2966 acres or 12,920 square feet of land,more or less. Bearings for this survey are based on the Texas state plane coordinate system, NAD 83, referenced to the City of Garland,Texas GPS control monumentation. **The monaament described and set in this call, if destroyed during construction,may be replaced with a TxDOT Type I1 Right of Way Marker upon completion of the highway construction project udder the supervision of a Registered Professional. Land Surveyor, i either employed Or retained by TxDOT. A Plat of Survey of even date accompanies this Legal Description. Prepared By: Nathan D.Maier Consulting Engineers,Inc, 8080 Park Lane, Suite 600 Dallas,Texas 75231at / , 4aft, ,•-•,...... rat relief+ JQHN L. MELTON r Jo L. to .; „. Registered Professional Land Surveyor No.4268 < '%o#4L68 4 silROJ . Form ROW-A-5 Rev.3/2004 GSD•EPC , PARCEL SKETCH V County. Collin Exhibit "A" Page 3 of 3 Highwoy. FM 1378 PARCEL NO. 9 April 17, 2003 From: FM 544 Rev. December 16, 2003 To: FM 3412 Rev. March 8, .2004 fj 06W CSJ: 0619-06-007 Rev. June 7, 2004 ,i ROW CSJ: 0619-06-011 � o t z'IRON Rev. August 4, 2004 f.<1 ice CITY OF WYLIE Rofl FOUND VOLUME 4147, PAGE 1,350 S 8t '" E 1T , ..,... l n failMo "•s-1/s- rmo j // r l/dvui ENT sEr yp � N 88 59'24" W 1601.53' ` 'r^+4� .00 1-004D j ii �I RONALD J. JOHNSON it ;1 iiii) POINT OF F.;-11 '° VOLUME 5142, PAGE 1371 BEGINNING N 4 ' I ' W s.. ''�' I RICN1 Gt�WA IINE ras Lzi NI HAMPTON LIVING TRUST ' JET ' CLERK'S FILE NO. 96--0016870f s:: a� DEED RECORDS, COLLIN CO, 7X T 3- �R� 9-9' �tw , SCALE:1"=700' F •• Al) , A� `� G.5FWNO, 'iJ--1/4 Tx007' r j F AM L N 88,39'16' w 8E' ' SQ' ti 4Z .. G�Iy Q. KENNETH BEV/S, ET_UX-. ` ---F..M. HWY. Na 1378 c>'(. tsl VOLUME 684, PAGE 218 i (VOLUME 416, PAGE 25) G, a �� (VARIABLE W1DTH RIGHT OF WAY) •STATE OF TEXAS VOLUME 419, PAGE 205 ILAN, LTD. P CLERK'S FILE NO. 94-002 9.160• **The monument described and set Ia this DEED' RECORDS, COLLIN CO:;• TX. Call, If destroyyed•during construction, moy oF WAY Lux be replaced with a Tx0OT Type M Right of Way Marker upon completion of the high way �"` 6"-------STATE OF TEXAS project under the supervision of a Registered VOLUME. 419, PACE 213 Professional Land Surveyor, either employed ar retained by TxDOT veoo RDly, POST FDUNO Bearings for this survey are bosed on the Texas state plane coordinate system, NAD r,r momclLi 83, referenced to the City of Garland, I, Rao ram F.M. HWY. NO. 3412 Texas CPS control monumentotion. L � (FORMERLY CALLED F.M. HWY.. NO. 544) (VOLUME 388, PAGE 1) A Lego! Description of even date (VARIABLE 1M07H RIGHT OF WAY) accompanies this plot. ty1.1RDN P ROA FWNDLEGEND 11,'NW' .-A STATE OF TEXAS GONDEMIJA TION NO; 11029 Existing Roodwoy Right _ 12,920 SQ , lIR C'T aOF LAND VOLUME J, PAGT.24 _ Of Way Boundary Line .S`/TUA•tik ,, , E lie Now \ Right of WayLine ,y ROD FOUND ti _____,,— Properly Line `iy w GtlNhjL ,S`/ Y ' Survey Line — ABSTRACT�?': 1 • Center Line — COLLIN COUNTY, TEXAS , NATHAN D. MAIER CONSULTING ENGINEERS,, INC, Two Northpark / 8080 Park Lane / Suite 600 0018EX09.DWG DaIIos, Texas 75231 / Ph. (214) 739-4741 1'../VJOB NO. 00-01--019 Page 2.15 I Wylie City Council CITY OF WYLIE AGENDA REPORT 1 Meeting Date: June 24, 2008 Item Number: F Department: Municipal Court (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: June 17, 2008 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2008-24(R) amending Resolution No. 2007-31(R), increasing the City of Wylie Municipal Court Judge monthly stipend of service. Recommendation Motion approving Resolution No. 2008-24(R) amending Resolution No. 2007-31(R), increasing the City of Wylie Municipal Court Judge monthly stipend of service. Discussion Article IV, Section 3b of the City of Wylie Charter states "The city council shall appoint a judge of the municipal court, who shall be a competent, duly qualified, licensed attorney in the State of Texas. The judge of the municipal court shall be appointed to a term of two years, and may be appointed to additional and consecutive terms, upon completion of his term of office. The appointment of the judge may be terminated by a majority vote of the city council. The judge shall receive compensation as may be determined by the city council. This compensation shall be fixed, and commensurate with the duties performed by the judge. " Art Maldonado was appointed as the City of Wylie Municipal Court Judge on October 9, 2007 to fill an unexpired two year term. The effective term approved by Council is January 1, 2008-March 31, 2010 with renewable two (2) year terms. The monthly stipend of $866.00 for compensation of services as the City of Wylie Municipal Court Judge was also approved at the October 9, 2007 Council meeting. Services provided by the Municipal Court Judge have increased due to the increase of court dates. Staff recommends the monthly stipend of the City of Wylie Municipal Court Judge be increased from $866.00 a month to $1418.00 a month as compensation for services provided to the City of Wylie. Approved By Initial Date Department Director JB 6/17/08 City Manager eM/D; Page 1 of 1 RESOLUTION NO. 2008-24(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING RESOLUTION NO. 2007-31(R), INCREASING A MONTHLY STIPEND FOR REIMBURSABLE SERVICES PERFORMED BY THE CITY OF WYLIE MUNICIPAL COURT JUDGE. WHEREAS,the City of Wylie has determined that a Municipal Court Judge is necessary to perform the judicial functions of the Municipal Court of the City of Wylie; and WHEREAS, the City appointed Art Maldonado as the Municipal Court Judge for the City of Wylie on October 9, 2007 with an effective term of service January 1, 2008-March 31, 2010 with subsequent two year terms; and WHEREAS, reimbursable services of the Municipal Court Judge shall constitute all time spent on any matters assigned including conference, telephone calls, investigation, drafting of documents, correspondence, negotiations, legal research and travel to conduct City of Wylie municipal court business; and WHEREAS, such reimbursable services of the Municipal Court Judge increased due to additional court dates for the City of Wylie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: Section 1. That the City Council authorizes the increase of a monthly stipend in the amount of$1418.00 for services performed by the City of Wylie Municipal Court Judge for the City of Wylie. Additional court dates are shown herewith as Exhibit"A". DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas this 24th day of June, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-24(R) Increase in stipend amount For the Municipal Court Judge Exhibit A 2008 CITY OF WYLIE MUNICIPAL COURT DATES PLEA/Juv 1PM/3PM PRE-TRIAL/SxowCAUSE 1PM/2PM TRIALS 9AM/2PM January 8 January 10 January 24 February 5 February 7 February 14 March 4 March 13 March 27 April 1 April 10 April 24 May 6 May 8 May 22 June 3 (Judge Douglas on June 12 June 26 Vacation) July 1 July 10 July 24 August 5 August 7 August 21 September 9 September 11 September 25 October 7 October 9 October 23 November 4 November 6 November 20 December 2 December 11 No Trials 2007 number of court cases: 24 2008 number of court cases: 36 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 24, 2008 Item Number: Ci (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: June 17, 2008 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat creating six Light Industrial lots for Regency Business Park Phase III, generally located at the east end of Capital Street. Recommendation Motion to approve a Preliminary Plat creating six Light Industrial lots for Regency Business Park Phase III, generally located at the east end of Capital Street. Discussion The property totals 7.097 acres and will create six lots within a Light Industrial zoned district. A plat for the entire Regency Business Park Phase III was submitted in 1987 but never filed, and is therefore expired. The entire property was sold to New Heights Baptist Church in 2004. The portion of the property that is to contain the Church was platted in 2006. This plat represents the subdivision of the remaining property. This Preliminary Plat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted to recommend approval 7-0. Approved By Initial Date Department Director RO 06/17/08 City Manager � ('// r`!i c Page 1 of 1 OWNER'S CERTIFICATE AND DEDICATION STATE OF TEXAS COUNTY OF COLLIN BEING THE.31 acre or a tract of l O«e trod m tone m to N In me is B m Sachse Surve.Pd et 835,C IE ,.r... •�•^^��..� or 4,PoEASgel2 6,Dee iReco ass eaingCo r a os,s l ere 97oere lava described m re pare ul New scribed by,net mane :recorded a o Volume ST34,Poge 28]6,Deed Records Collin County.Terri,sold 7.097 o re trot Being acre e ponieelenortneas be 'm(tea one bounds as follows: BEGINNING a a 5/8 Inch iron found I« id 28.31 a Lot 12,Elba,B,of Regency onsM Paid Ore boundary Two,an a called 8.00 acre tracts oaf Tana described°�nCabinet•G.Ausfi 92,Plat Records.Collinnc0rtled County, :as,s 921,corner being Business h tract deed to WNie Realty,<« os re Volume04 Page PANT OF v on LIM ... pwE 1204,the south Deed Records; O1 addition s recorded ose.u_ SxIE I �I (wL w.00�.«) ZONED:LI i Welt'") (As C.01A5 ET5 x) THENCE North 89 degrees s nut a East,w theline a tract, boundary lines o paid BEGINNING �"- E� ew zi Purl - — 6. °c` tract on.of called 2A0 acre 50.03 feet to 06 seconds ern con redo ebbedinith p boundary c a Diaz t et saa_]1 recorded in Volume „ed to as .Page 523 t for o Deed - r � N 8B574e�E N1450.03' zR at _ THENCE South es 44 minutes a 1/con an da ace as 423 fe stamped et tt Rost,e (herein a with op et for the northeast corner of a/e z �aw.o--rmw I n 3 - eq seconds Eoaf 77 3'eV,'pp Dam oo e so. +/z inch iron rod.th cop set for _ µ p of J THENCE South 89 degrees 5 minutes 46 seconds West. Y e B00 reef to a 1/2" c z0(crW n¢?Mr' waexul f N V. of 36,Block C.°r Phase Two and the west D°un core VICINITY MAP t.c_C.T_ '$ �� ICI $� E N«tn 00 degre a sa minutes wTMl<vaH west iota ens ast oundary ne301 s a Pnaae Tw°'°n <ne a°I aa•e ze.31 Ni.s. 4col I «re tract,a dis once of 669.T3 feet to T OF BEGINNING ANODCONTAINING 9, 9 p e ree «°TOOT acres of loop. ), BLOCK B 1: m5'�a'9 -"� NOW.THEREFORE,KNOW ALL MEN BY THESE PRESENTS'. ua st pun Dry l�n tot 1x ' A I PEurcti vma PARK Si 1 B v s 14 g Tvilo 15 , IHAi,NEW HEIGHTS BAP11Si CHURCH,acting herein by ontl through its pulpy...zed officers.does hereby oQoDfothis pI°t desigbnotmdg m e N (c.a PHASE Rx)ta d O.eat.aEs d§ om4 AaEs D.�l AarS Y 9. q `` pl described t eep p a the REGENCY Bs, ESS PARK,y. MREE, a s City O ever,for the purposes indicated t `YW seta,rptlte-of-way.No other P 0/fie, streets °AZ, dedicMed for street buildings, trees,ses.The easements rvba c public use oreo,as shown,are dedicot.,for the onstructed pved laced upon, 1-�°p'E e some Iago I easements as show,except that tu`,,,b 4 anew the easement?MRS Te City of WBie.In add.,utility `uslandscape coo Dartleuiar utilities.oy also be told use for the mutual public uhllhes being t subordinate ion al all °tot p blic tic'a the nd Citty ng y,a`WNesncil of e use e m using nthereof. s.shrubs or ,0�. K eL _ , _ gal o aB4.t.2855)a other wipe public utility entities a°1`n ror^m er removed constructiin,m ce public's andfences. sx_°e'rs\� aald`nts or growths e s.fie City o'!may shall rainier s with a the tmes n O of orts of any a8aor from their N: -tom �zs �ad easements purpose o inspecting,patrolling m ding meters,ontl adding cy of to or removing I r -I- �-t s, f\\ �� v of their`respectiveep a without the necessity a y1 time procuring Permission from e. �� 4. p � I Thls oat approved bject to d platting ordinances,rules,regulations and resolutions of the y f Wyie.Texoa. i, _ APITAL STREET � 'A l50 a ra e ]D CAPITAL STREETp'TPet EAsEME — �F�"fF"J+) WITNESS,my hand.cols the y of D cop'6.o.w) ic.a .Pa.. ; — qq.— SiRaasso ea ROT.) X% O zooe. SCALE IN FEET - •=t ■ ,,,:„?' , E lea• T T —p;t !I DI -r—ss-- BY: -606 —�s _ T.-____ °F`L' o\ /�, ZONED:LI ---�T\ p{ Authorized Signature of Owner }�, vr.LT pew _- V�—i1 z . PHASE S W k - Printed Nome and Ti. I.'a aoct c (6 LOTS) ,-' pEmx P k _ _ ______. _ x STATE OF TEXAS 'NQ91Ly COUNTY a (c.fi. 1MORa)� sa sx2 50.FT. z 10 BLOCK C „8 I S ORE ME oheLun authority. Notary Pudic in me for said County ands personally oP a Steve Foster,known to me P.R.ccT ,.nfi.assR II 4 S +z undersigned a foregoing Instrument pea oeknp g to me toot he restated the same fort ppose and O• Ru A¢aEw¢ p z t.z)sT',IL' u S' TNt Ace vo§ e e z' to be the person consideration thereincerpreaaed and°M`Me dcapacity therein toted. -fi L�ryn.c.c T.sz) T,. e q d _sort •CR" wsTROImIT GIVEN MY„AND AND SEAL OF OFFICE THIS DAY OF 2006. NOPrMImI Y lot Mr rend purposes y - ____ M TEXAS 1. Lai NOTARY PUBLIC FOR ME STATE OF z.All monumAVER ore I/2'V.R.S.Arta o emmpea uRVEq COMMISSION EXPIRES- ' 'GRFFIM 4846'unless otherwlae ndicated. -- ].eat.or beating een9 carat cci.of plat oe L 5 5 s _ __ D W,� ai reamed n cab'net c s'de 92 SA +S o 4/Lyu .r+_ ..__ z—-..-. --` IH O.n.c c..Ft,__ —' — "RECOMMENDED FOR APPROVAL" iiii FLOOD NOTE - l ___�- - x T sx - 1 ton COnrman,Planning k Zoning c°mmissim Dote Property Ilea within zoo n the Galileo Canty _ _I' ta0O n'I ap'pp' tWI:/ CitO o Texoa Tex a Incorporated`Areas,Flood Insurance Rate p,Pan 1 w I.R S 891Sti.W 450.00' r wNie. Nu 48085C04T0 H,dated January 19,1996, Zone'%'is /W r I.- defined -_ ° o be outsideDo-par eoaavloin. }L ..[[ -' APPROVED FOR CONSTRUCTION' fory hi detiermdnateceab°vde referenced m Inform hos not been ation Mcdluux 51 I _ -- .xmE awes4.ste« an Iaee) T W (w. r4Rl BLOCK 0 (ii la)scM by revi`ed fl oddfife federal lOin Emergency`Management Agency some other ed f bTO.rt. au0rg O.R.cc.T. Mayor.City of WNie,Texas Dote pourer. REzx ZONED:COwAAORaa k'adI�c�. RaI TB 6AT MN)Ra cr P �w(�a...CM 2e2e) "ACCEPTED" SURVEYOR'S CERTIFICATE Mayor,City af Wylie,Texas Dote KNOW ALL MEN BY THESE PRESENTS. ChrisMat E.Griffith,do hereby certify shot I prePored the plat ham On actual and 'PRELDONARY PLAT I, w a the land thereon are `APPROVED AND ACCEPTED" FOR REVIEW PURPOSES ONLY roCLUpa1v to Y personal supervision in accordance with thehSubdivision Ordinance col a0 Occ d I th O survey done that m<,Done.monuments shown were tea umer m era rH. off err of WNie. a plot is hereby approves( OrCA NO with Section 2.I1.B a e City of W.wmiwipn Regulations(Dre'mana No.2003-o3). PRELIMINARY PLAT o ; REGENCY BUSINESS C„RIS E.GRIFFITH a� °N"TM LEGEND DotePARK, PHASE THREE REGISTERED PROFESSIONAL LAND SURVEYOR tw/Ic i S?xiOWED P00`Er MTM c.r Plannlnq Direct« STATE OF TEXAS NO.4846 aamlx 4ea y f wNie,Teaaa 8 COMMERCIAL LOTS .RF INorI bap aa.Wp ( -, BEING The undersigned,the City Se«etory of ine City of WNie.Tens,herebycertifies that the O.R.c.c.T. ewxrr TRAW x Volution bn by a portion of this OWNER V m lea and bounds 1a a -'MAY 202008-' 7,097 ACRES of Sgin9 alp`b Regency to the Business Cork,H on addition to the CityPR.c.c.T. W a n of and aOrdinance t to e Phase], spy of NE On c\RORn TExas and.tuna-d fines NEW HEIGHTS SE CHURCH SITUATED IN THE a wyfw was submitted to the City Council an me a _.__._ e e.eas,by s.formalpub action,teen one water and oeew<W Ins as ehoian of streets.alleys, ring of utilities and parka.ai s.Public places,m sewer liMayas note a act for and 0'E' UM Fwg4IVIT building permits. WYLIE, 8- upan soeesplot°and said Council further authonzea the Mayor to note the acceptance u.E. UM, Mar (9T2)99 2959 WILCITY SACHSE SURVEY,ABSTRACT EX 835 thereof by signing s name as heremanove aubaoaed. Ra. o-4wx0 CITY OF WYLiE,COLLIN COUNTY,TEXAS Wetness my hand this_ray A.D.2008. A6. sac,.FACWExi LAND SURVEYOR GRIFFITH SURVEYING CO„LLC ENGINEERING CONCEPTS&DESIGN,I.E. 2801 CAPITAL STREET acixbmc/PROM,04%4015ONx/CONSTR CTIos®vlC65 (972)R41-88 a y4oe t.anv car car arse,. city Se«'W'r (9]U,TX OB lm)ur City or WNie,Texoa FA%(972)941-8401 BIg.I i OF i xATt x-e0 DNID VAT SaCe 4>IS0N OS MRr MG SO Prmv,PletTaws 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 24, 2008 Item Number: H Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: June 16, 2008 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports for the period ending May 31, 2008. Recommendation Motion to place on file the City of Wylie Monthly Revenue and Expenditure Reports for the period ending May 31, 2008. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LW 6/16/08 City Manager (1/510P Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: MAY 31, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 14,502,020 12,579,921.04 12,834,617.31 254,696 A FRANCHISE FEES 1,980,000 941,239.00 967,328.26 26,089 LICENSES AND PERMITS 977,750 598,469.05 475,492.45 -122,977 B INTERGOVERNMENTAL REV. 469,030 261,934.52 264,587.69 2,653 SERVICE FEES 2,282,140 1,461,456.44 1,508,427.09 46,971 FINES AND FORFEITURES 551,000 361,925.30 355,569.80 -6,356 INTEREST INCOME 350,000 233,333.32 213,076.32 -20,257 MISCELLANEOUS INCOME 140,490 93,468.00 127,030.16 33,562 OTHER FINANCING SOURCES 519,000 471,098.27 471,098.27 0 TOTAL REVENUES 21,771,430 17,002,845 17,217,227 214,382 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 139,200 92,800.04 91,302.78 -1,497 CITY MANAGER 721,160 444,290.00 439,629.15 -4,661 CITY SECRETARY 254,176 169,450.96 151,714.01 -17,737 CITY ATTORNEY 173,000 115,333.36 137,677.23 22,344 FINANCE 678,460 452,306.68 424,509.11 -27,798 FLEET& FACILITIES SVC 243,300 162,200.00 161,655.79 -544 MUNICIPAL COURT 337,048 212,168.76 201,661.65 -10,507 HUMAN RESOURCES 205,740 137,160.04 118,828.01 -18,332 PURCHASING 105,586 70,390.64 69,515.19 -875 INFORMATION TECHNOLOGY 385,700 257,133.36 225,717.88 -31,415 POLICE 4,530,730 2,819,224.81 2,854,532.24 35,307 FIRE 4,562,352 2,841,568.04 2,752,634.94 -88,933 ANIMAL CONTROL 267,200 178,133.36 151,069.28 -27,064 PLANNING 407,020 271,346.64 198,500.05 -72,847 BUILDING INSPECTION 722,160 481,440.00 386,750.65 -94,689 CODE ENFORCEMENT 154,790 103,193.36 78,588.00 -24,605 STREETS 1,630,040 1,086,693.40 1,106,758.71 20,065 PARKS 1,489,210 892,073.32 818,126.06 -73,947 RECREATION 338,845 98,563.32 88,103.43 -10,460 LIBRARY 727,026 484,683.92 489,558.16 4,874 COMBINED SERVICES 3,911,680 2,607,786.64 2,576,019.26 -31,767 TOTAL EXPENDITURES 21,984,423 13,977,941 13,522,852 -455,089 REVENUES OVER/(UNDER) EXPENDITURI -212,993 3,024,904 3,694,376 669,471 A. Additional Ad Valorem revenue received to date in comparison to last year. B. New Dwelling Permit receipts appear to be lower than anticipated. CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: MAY 31, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,617,000 5,494,666.60 5,412,305.02 -82,362 INTEREST INCOME 200,000 154,876.41 154,876.41 0 MISCELLANEOUS INCOME 30,000 20,000.00 34,459.85 14,460 OTHER FINANCING SOURCES 1,707,000 1,707,000.00 1,707,000.00 0 TOTAL REVENUES 10,554,000 7,376,543 7,308,641 -67,902 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 548,770 365,846.76 337,828.57 -28,018 UTILITIES-WATER 1,081,020 720,680.00 643,980.27 -76,700 CITY ENGINEER 455,226 303,484.04 273,366.56 -30,117 UTILITIES-SEWER 497,980 331,986.68 305,973.38 -26,013 UTILITY BILLING 774,914 516,609.40 435,620.94 -80,988 COMBINED SERVICES 7,297,620 5,160,080.04 5,243,155.87 83,076 TOTAL EXPENDITURES 10,655,530 7,398,687 7,239,926 -158,761 REVENUES OVER/(UNDER) EXPENDITURI -101,530 -22,144 68,716 90,860 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 24, 2008 Item Number: 1 Department: City Manager (City Secretary's Use Only) Prepared By: City Secretary Office Account Code: Date Prepared: June 12, 2008 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, appointment(s) to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Recommendation Motion to appoint to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Discussion In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three (3) WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. Current members serving on the sub- committee are: WISD Trustee members Susan Shuler, Chair; Ronnie Fetzer, and Baron Cook. Current City Council members are: David Goss and Rick White. WISD Committee facilitator Dr. John Fuller has requested a third Council member be appointed to replace Mayor John Mondy. Staff is requesting the appointment a third member to the Wylie Independent School District City/School Partnership Committee. Approved By Initial Date Department Director City Manager (V/7/'(3& Page 1 of 1 ORDINANCE NO. 2005-55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING, ESTABLISHING AND APPOINTING THE CITY COUNCIL SUBCOMMITTEE FOR WISD RELATIONS; PRESCRIBING THE PURPOSE, COMPOSITION, FUNCTION, DUTIES, AND TENURE OF EACH SUBCOMMITTEE MEMBER; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), has investigated and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its citizens to create a City Council Subcommittee for WISD Relations, as set forth below; and WHEREAS, the City Council desires to prescribe the purpose, composition, function and duties of said Subcommittee; and WHEREAS, the Board of Trustees of the Wylie Independent School District ("WISD") has established a similar subcommittee of its members to work with the City's subcommittee ("WISD Subcommittee"); and WHEREAS, the City Council desires to appoint members to the Subcommittee and prescribe the duties and tenure for said members. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: 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: Establishment of Subcommittee. A. There is hereby created the City Council Subcommittee for WISD Relations (the "Subcommittee") of the City Council, and such Subcommittee shall meet with WISD representatives to work on maintaining and recommending partnerships between the City and WISD and to further a positive working relationship between the City and the WISD, and any other such functions as the City Council may direct in writing. It shall function according to the laws of the State of Texas and the provisions of this Ordinance. The Subcommittee shall serve in an advisory capacity to the City Council. B. The Subcommittee shall consist of three members, to be appointed by the City Council for the remainder of the term that said member serves on the City Council, Page 1 Ordinance No. 2005-55 Subcommittee for WISD Relations or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term, that member shall not continue his membership until replaced. C. When vacancies occur on the Subcommittee, the City Council shall appoint, by majority vote, a replacement to serve the remainder of that term. D. Each Subcommittee Member shall serve at the pleasure of the City Council and may be removed at the discretion of said Council. F. Each Subcommittee Member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. G. The Subcommittee shall keep and maintain minutes of any and all proceedings held and shall submit a written or make an oral report of such proceedings to the City Council not more than three (3)weeks following each such meeting. SECTION 3: Officers. The Subcommittee shall have a Chair and Vice-Chair whose terms shall be one (1) year. The Chair and Vice-Chair shall be elected by the members of the Subcommittee. The Chairperson shall preside over meetings. The Vice-Chair shall assist the Chair in directing the affairs of the Subcommittee. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair. SECTION 4: Duties and Responsibilities. The Subcommittee shall have the following duties and responsibilities: a. Advise and make recommendations to the City Council on matters relating to the City's relationship with WISD and on ways to maintain and develop partnerships with WISD. b. Attend meetings with the WISD Subcommittee and other designated WISD representatives. c. Any other duties requested in writing to be performed by the City Council that are consistent with the purposes of forming the Subcommittee. Page 2 Ordinance No. 2005-55 Subcommittee for WISD Relations SECTION 5: Power to Obligate and Finance. The Subcommittee shall have no power to obligate Wylie in any manner whatsoever. The Subcommittee's finances shall be handled in the same manner as any division of the City Government. SECTION 6: The City Manager shall act as facilitator to the City Council Subcommittee for WISD Relations. SECTION 7: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for 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. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: 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 it 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. SECTION 9: Effective Date. This Ordinance shall become effective immediately upon its passage and execution. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 25th day of October, 2005. - �y O F W MOZilyor ATTEST: _ E A _, _ \ ; J .../ CAR LE EHRLI( ', City Secretary Date to be published in The Wylie News—November 2, 2005 Page 3 Ordinance No. 2005-55 Subcommittee for WISD Relations Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 24 , 2008 Item Number: 2 Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: May 30, 2008 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2008-31 repealing Ordinance Nos. 1987-5 and 2004-15; amending chapter 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), Article V (weapons) of the Wylie Code of Ordinances; defining terms for the article; prohibiting the sale of replica firearms and projectile weapons from ice cream vending trucks, mobile food vending trucks, or push carts. Recommendation A motion to approve Ordinance No. 2008-31 repealing Ordinance Nos. 1987-5 and 2004-15; amending chapter 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), Article V (weapons) of the Wylie Code of Ordinances; defining terms for the article; prohibiting the sale of replica firearms and projectile weapons from ice cream vending trucks, mobile food vending trucks, or push carts. Discussion Staff has received numerous complaints concerning the sale of BB guns, Air soft Guns, and Replica guns from Ice Cream Trucks, and Mobile Food Vending Trucks. The obvious concern is that these items are being sold to minor children without parental consent or knowledge. This ordinance will prohibit the sale of these items from this type of venue. Staff is requesting Council approve the repealing of Ordinance Nos. 1987-5 and 2004-15; amending chapter 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), Article V (weapons) of the Wylie Code of Ordinances; defining terms for the article; prohibiting the sale of replica firearms and projectile weapons from ice cream vending trucks, mobile food vending trucks, or push carts; Approved By Initial Date Department Director 9‘4.JD05/30/08 City Manager (// y7O Page 1 of 1 ORDINANCE NO. 2008-31 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NOS. 87-5 AND 2004-15; AMENDING CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE V (WEAPONS) OF THE WYLIE CODE OF ORDINANCES; DEFINING TERMS FOR THE ARTICLE; PROHIBITING THE SALE OF REPLICA FIREARMS AND PROJECTILE WEAPONS FROM ICE CREAM VENDING TRUCKS, MOBILE FOOD VENDING TRUCKS, OR PUSH CARTS; PROHIBITING THE PRESENCE OF REPLICA FIREARMS AND PROJECTILE WEAPONS IN ICE CREAM VENDING TRUCKS, MOBILE FOOD VENDORS, OR PUSH CARTS; PROVIDING A MORE EFFECTIVE ORGANIZATION FOR ARTICLE V; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS,the City Council of the City of Wylie ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to repeal Ordinance Nos. 87-5 and 2004-15 and amend Chapter 74 (Offenses and Miscellaneous) Article V (Weapons) of the Wylie Code of Ordinances; and WHEREAS,the City Council has investigated and determined that there is a need for an ordinance controlling the discharge of fire arms and projectile weapons within the City of Wylie; WHEREAS, many replica firearms are manufactured in a manner that makes them appear and sound like real firearms; and WHEREAS,the sale of replica firearms from these vehicles targets minor children; and WHEREAS, the close resemblance of many replica firearms to real firearms creates confusion and alarm in law enforcement officers and the general public when such replica firearms are displayed or brandished in public; and WHEREAS, this confusion and alarm created by replica firearms have resulted in the death and injury of minors caused by the reactions of law enforcement officers and members of the public who mistakenly believe the minors are displaying or brandishing real firearms; and WHEREAS, the City Council has determined that a need exists to adopt certain regulations and restrictions relating to the sale of replica firearms in the City of Wylie in order to further the health, safety, and welfare of minors residing in, or visiting, Wylie, as set forth below; and Ordinance No.2008-31 Amendment to Chapter 74,Article V of Wylie's Code of Ordinances Prohibiting Sale of Weapons and Firearms From Vending Trucks and Push Carts Page 1 516617-1 WHEREAS, the City Council has determined that a need exists to make various non- substantive organizational changes to Chapter 74 (Offenses and Miscellaneous Provisions), Article V (Weapons) in order to make the regulations easier to understand and enforce. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated as if fully set forth herein. SECTION 2: Ordinance Nos. 87-5 and 2004-15 Repealed. Wylie Ordinance Nos. 87-5 and 2004-15 are repealed in their entirety and replaced by this Ordinance for the purpose of updating the rules and regulations relating to weapons. 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. 87-5 and 2004-15 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. 87-5 and 2004-15 occurring before the effective date of this Ordinance. Any permit issued pursuant to Ordinance Nos. 87-5 and 2004-15 shall remain effective, but shall be governed by, and expire in accordance with,this Ordinance. SECTION 3: Amendment to Chapter 74 (Offenses and Miscellaneous Provisions) Article V (Weapons). Amendment to Chapter 74 (Offenses and Miscellaneous Provisions), Article V (Weapons) of the Wylie Code of Ordinances is to read as follows: "ARTICLE V. WEAPONS Sec. 74-81 Definitions. The following words, terms and phrases, when used in Section 74-61, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning: Air Soft Gun means a spring-operated, gas-operated, or battery powered replica firearm made of hard plastic or light metal that fires plastic or other nonmetallic projectiles. Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, or any device readily convertible to that use. Examples of firearms include, but are not limited to, guns, rifles, shotguns, automatic rifles, revolvers, pistols. Ice Cream Vending Truck or Pushcart means any vehicle from which ice cream or other frozen desserts are sold or offered for sale. Ordinance No.2008-31 Amendment to Chapter 74,Article V of Wylie's Code of Ordinances Prohibiting Sale of Weapons and Firearms From Vending Trucks and Push Carts Page 2 516617-1 Mobile Food Vending Truck means any vehicle from which food is prepared, pre-package, and sold or offered for sale. Paintball Gun means a projectile weapon that is powered by compressed gas carbon dioxide, nitrogen, or ordinary air, and fires dye-filled gelatinous capsules. Projectile Weapon means any device designed, made, or adapted to expel a projectile, other than firearms. Examples of a projectile weapon include, but is not limited to, pellet guns, BB guns, air soft guns, paintball guns, starter pistol, air rifles, and bow and arrows. Replica Firearm means any device or object that reasonably resembles a firearm, or is a toy version or facsimile of a firearm. Sec. 74-82. Discharge of firearms and projectile weapons. It shall be unlawful to discharge, or cause to be discharged any firearm, or projectile weapon within the city limits. Sec. 74-83. Exceptions to Sec. 74-82. The provisions of this Section 74-82 of this article shall not apply in the following situations: (1) Police officers while in the performance of their official duties. (2) Where a special permit application describing in detail the request of the applicant has been filed with the city secretary, reviewed by the chief of police and approved by the city council. (3) Where blank cartridges are used to indicate the beginning of a sporting event under the auspices of the schools or when such sporting event is in conjunction with other activities approved by the city council. (4) Discharge of firearms at gun ranges. (5) Where the police chief authorizes use of firearms or projectile weapons by citizens in civil emergencies. (6) Where the person who discharged the firearm or projectile weapon had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by V.T.C.A., Health and Safety Code § 822.101, as it exists or may be amended. Ordinance No.2008-31 Amendment to Chapter 74,Article V of Wylie's Code of Ordinances Prohibiting Sale of Weapons and Firearms From Vending Trucks and Push Carts Page 3 516617-1 (7) Where deadly force is used in defense of a person as prescribed by V.T.C.A., Penal Code § 9.32, as it exists or may be amended. (8) Where deadly force is used against another to protect a third person as prescribed by V.T.C.A., Penal Code § 9.33, as it exists or may be amended. (9) Where force, deadly or otherwise, is used to protect life or health as prescribed by V.T.C.A., Penal Code § 9.34, as it exists or may be amended. (10) Where force is used to protect one's property as prescribed by V.T.C.A., Penal Code § 9.41, as it exists or may be amended. Sec. 74-84. Replica Firearms or Projectile Weapons. (1) A person commits an offense if he, either personally or through an employee or agent, sells or offers for sale any firearm, projectile weapon, or replica firearm from an ice cream vending truck, mobile food vending truck, or pushcart. (2) Except as otherwise permitted by state law, the owner, operator, or person in control of an ice cream vending truck, mobile food vending truck, or pushcart commits an offense if a firearm, projectile weapon, or replica firearm is present in or on the ice cream vending truck, mobile food vending truck, or pushcart while it is in the city. Sec. 74-85. Penalty. Any person, firm, corporation or business entity violating this article, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not to exceed $500.00. Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law." SECTION 4: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). City retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing Clause. All ordinances for the City of Wylie, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being Ordinance No.2008-31 Amendment to Chapter 74,Article V of Wylie's Code of Ordinances Prohibiting Sale of Weapons and Firearms From Vending Trucks and Push Carts Page 4 516617-1 commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: 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 it 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. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 24th day of June, 2008. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—July 2, 2008 Ordinance No.2008-31 Amendment to Chapter 74,Article V of Wylie's Code of Ordinances Prohibiting Sale of Weapons and Firearms From Vending Trucks and Push Carts Page 5 516617-1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 24, 2008 Item Number: 3 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: June 12, 2008 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, the recommendations of the 2008 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for terms expiring June 30, 2008. Recommendation Motion to accept the recommendations of the 2008 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for terms expiring June 30, 2008. Discussion Article 8, Section 1A of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City and to make recommendations to the City Council. The City Council has prescribed the purpose, composition, function, duties, accountability and the tenure of each board, commission and committee. The City Secretary's Office began an active campaign to solicit for Board and Commission applications by utilizing the Wylie News, eWylie, all municipal facilities and current board and commission members. Staff also utilized the City's Website by offering application submittal on-line. An interview panel, consisting of three council members, was used to conduct interviews of all applicants. All applicants were personally contacted to schedule an informal meeting, in open session, with the Boards and Commission Council Interview Panel. Council members appointed by the City Council for 2008 were: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, and Councilman Rick White. The applicants consisted of 30 new applicants, 25 current members seeking reappointment. Three current members did not seek reappointment and two positions were vacant. Page 1 of 2 The Panel met with applicants on Monday, June 9, 2008, Thursday, June 12, 2008 and Wednesday, June 18, 2008. The Council feels that the entire process is helpful to them in making appointments and offers an opportunity to understand some of the visions the applicants have for the community. The 2008 Boards and Commission Council Interview Panel has attached their recommendations for Council consideration and action. Approved By Initial Date Department Director CE 06/12/08 City Manager /1P5 6 /i 9 /U k Wylie Economic Development CORPORATION May 15, 2008 Carole Ehrlich, City Secretary City of Wylie 2000 Hwy 78 North Wylie, TX 75098 Dear Carole: As you know, we have found an irregularity in the appointments to the Wylie Economic Development Corporation(WEDC) Board of Directors. WEDC by-laws state that the appointment of Board members are to be staggered — two members one year, two members the next year, and one member the next — with each term lasting three years. Presently, WEDC has three members due to be re-appointed in 2010. In order to correct this irregularity, the WEDC Board voted at their regular meeting on May 15, 2008, to recommend to the Wylie City Council that Merrill Young be appointed to a three-year term beginning in 2008 and 2011. Should you have questions or comments regarding the above information, please contact my office at your convenience. Sincerely, Samuel Satterwhite Executive Director 108C W. Marble • Wylie,Texas 75098 Office: (972)442-7901 • Fax(972)429-0139 Serving The City of Wylie • Wylie Independent School District • Wylie Chamber of Commerce Board & Commission Applicants Interviewed/Considered for Appointment /Reappointment 2008 Monday, June 9, 2008 Thursday, June 12, 2008 Wednesday, June 18, 2008 5:00-9:20 p.m. 6:00-9:30 p.m. 5:30-7:20 p.m. Carole Ehrlich -Public Arts Anne Hiney - Parks/Rec Sam Satterwhite - WEDC Rachel Orozco -Library Grace Morrison- Library Junaid Najamuddin -Library co Robert Diaz-Parks/Rec Bennie Jones- Parks/Rec Dennis Larson- P&Z Charles Lee- Construction Code Marilyn Herrera- ZBOA Phillip Johnston- P&Z to tin Renae 011ie-P&Z/ZBOA Karyn McGinnis - ZBOA Warner Washington -Public Arts Mike Atkison -Animal Shelter Allen Morris Jim Chaney -Construction Code Heather Screws - Animal Shelter Beverly Woodall John Onufreiczuk Donna Larson- Parks/Rec Roger West Dave Willey - Parks/Rec Ronald Hauck- Construction Code Lucy Shriver- Library Anna Kiewit Diane Culver- Animal Shelter Jamie Eckles M. Erin Dougherty Jeff Ellis - ZBOA Bethany Scott Daljinder Dhillon Chuck Kerin - Animal Shelter Alvaro Salinas Jr. Marc Pieroni Dana DeMay Kevin Finnell David Lewis Jeffrey Katzman Joy Cortinas Brian Parten Courtney Gober **Willie Osborne - P&Z Dave Tillery Cyndee Combest **Polly Harrison - Public Arts Eric Miles John Manganilla Stewart Matthews - Public Arts Kelli Bolton Brett Bim Terry Lancaster David Dahl Owen Lewis Sunil Verma Brian Huddleston 27 17 13 Overall Total: 57 (Includes Board Liaison and applicants that asked to be considered without an interview. Noted as**) (Listing do not include applicants that were scheduled but did not appear-1) (Listing do not include members not seeking re-appointments or vacant positions-5) wimmi Board Liaison(s) Current Board Member seeking reappointment 2008 BOARD AND COMMISSION COUNCIL INTERVIEW PANEL RECOMMENDATION CHART ANIMAL SHELTER ADVISORY BOARD This board must have 5 qualified members:1 licensed veterinarian,1 animal shelter employee,1 county or municipal official,1 2008-2009 Boards and Commission Recommendations representative from an animal welfare organization,and 1 City of Wylie resident. hted Seeking Reappt. (recommended members Highlighted 9 g ) Current Board Members Expiring Terms(3) (3) Applicant(s)Selected by Interview Panel Chuck Kerin Chuck Kerin Yes Chuck Kerin Chuck Kerin Licensed Veterinarian Diane Culver Diane Culver Yes Beverly Woodall Beverly Woodall Resident of the City Ken Qualls Ken Qualls Animal Shelter Employee Heather Screws Heather Screws Yes Heather Screws Heather Screws Animal Welfare Representative Carter Porter Carter Porter County or Municipal Official CONSTRUCTION CODE BOARD Current Board Members Expiring Terms(3) I Seekin(1 eappt. Applicant(s)Selected by Interview Panel Ronald Hauck Ronald Hauck Yes Ronald Hauck Ronald Hauck Re-appointed Elvia Clark Elvia Clark NO Brian Parten Brian Parten New Member Jim Chaney Jim Chaney Yes Jeffrey Katzman Jeffrey Katzman New Member Bryan Rogers Bryan Rogers Current Member Lisa Palomba Lisa Palomba Current Member _ Zachary Herrera Zachary Herrera Current Member Frank Spingola Frank Spingola Current Member LIBRARY BOARD Seeking Reappt. 2008-2009 Boards and Commission Recommendations Current Board Members Expiring Terms(3) (3) Applicant(s)Selected by Interview Panel Eric LeJeune Current Member Eric LeJeune Lucy Shriver Lucy Shriver Yes Lucy Shriver Lucy Shriver Re-appointed Shirley Burnett Shirley Burnett Current Member Grace Morrison Grace Morrison Yes Grace Morrison Grace Morrison Re-appointed David James David James Current Member Junaid Najamuddin Junaid Najamuddin Yes Junaid Najamuddin Junaid Najamuddin Re-appointed James Griffin Courtney Gober Courtney Gober New Member PARKS&RECREATION BOARD Seeking Reappt. 2008-2009 Boards and Commission Recommendations Current Board Members Expiring Terms(4) (4) Applicant(s)Selected by Interview Panel Donna Larson Donna Larson Y: Donna Larson Donna Larson Re-appointed Daniel Chestnut Daniel Chesnut Current Member Brandi Lefleur Current Member Brandi Lafleur _ Anne Hiney Re-appointed Anne Hiney Anne Hiney Yes Anne Hiney Frankie Delgado Frankie Delgado Current Member Benny Jones Benny Jones Yes Benny Jones Benny Jones Re-appointed David Willey David Willey Yes David Willey David Willey Re-appointed 1 2008 BOARD AND COMMISSION COUNCIL INTERVIEW PANEL RECOMMENDATION CHART PARKS&RECREATION 4B BOARD Seeking Reappt. 2008-2009 Boards and Commission Recommendations Current Board Members Expiring Terms(3) (2)and(1) Applicant(s)Selected by Interview Panel Vacancy Shirley Burnett Shirley Burnett Current Member Dan Chesnut Dan Chesnut Current Member Anne Hiney Anne Hiney Current Member David Goss David Goss Current Member Vacant Vacancy(Mayor) Eric Hogue Eric Hogue New Member Merrill Young Merrill Young Yes Merrill Young Merrill Young Re-appointed Rick White Rick White Yes Rick White Rick White Re-appointed PLANNING&ZONING BOARD Current Board Members I Expiring Terms(4) Seeking3 Reappt. Applicants)Selected by Interview Panel 2008-2009 Boards and Commission Recommendations Scott Ames Scott Ames NO John Manganilla John Manganilla New Member Ruthie Wright Ruthie Wright Current Member Ramona Kopchenko Ramona Kopchenko Current Member Willie Osborne Willie Osborne Yes Willie Osborne Willie Osborne Re-appointed Dennis Larson Dennis Larson Yes Dennis Larson Dennis Larson Re-appointed Philip Johnston Phillip Johnston Yes Phillip Johnston Phillip Johnston Re-appointed Tim Bennett Tim Bennett Current Member PUBLIC ARTS ADVISORY BOARD Seeking Reappt. 2008-2009 Boards and Commission Recommendations Current Board Members Expiring Terms(4) (4) and(1) Applicant(s)Selected by Interview Panel Vacancy Ashley Burt Ashley Burt Current Member Patsy Robertson Patsy Robertson Current Member Vacant Vacancy Erin Dougherty Erin Dougherty New Member Polly Harrison Polly Harrison Yes Polly Harrison Polly Harrison Re-appointed Kathy Spillyards Kathy Spillyards Yes Kathy Spillyards Kathy Spillyards Re-appointed Stewart Matthews Stewart Matthews Yes Stewart Matthews Stewart Matthews Re-appointed Warner Washington Warner Washington Yes Warner Washington Warner Washington Re-appointed WYLIE ECONOMIC DEVELOPMENT BOARD Current Board Members Expiring Terms(1) Seeking Reappt. Applicant(s)Selected by Interview Panel 2008-2009 Boards and Commission Recommendations ) Mitch Herzog Mitch Herzog Current Member Marvin Fuller Marvin Fuller Current Member Chris Seely Chris Seely Current Member John Yeager John Yeager Current Member Merrill Young Merrill Young Yes Merrill Young Merrill Young Re-appointed 2 2008 BOARD AND COMMISSION COUNCIL INTERVIEW PANEL RECOMMENDATION CHART ZONING BOARD OF ADJUSTMENTS Seeking Reappt. 2008-2009 Boards and Commission Recommendations Current Board Members Expiring Terms(4) (3) Applicant(s)Selected by Interview Panel Bryan Rogers(Alt) Current Member Bryan Rogers(Alt) William Baumbach(Alt) David Dahl David Dahl(Alt) New Member Linda Jourdan Current Member Linda Jourdan Marilyn Herrera Marilyn Herrera Yes Marilyn Herrera Marilyn Herrera Re-appointed Layne LeBaron Layne LeBaron NO William Baumbach William Baumbach New Member Karyn McGinnis Karyn McGinnis Yes Karyn McGinnis Karyn McGinnis Re-appointed Jeff Ellis Jeff Ellis Yes Jeff Ellis Jeff Ellis Re-appointed NORTH TEXAS MUNICIPAL WATER DISTRICT Expiring term 2008-2009 Boards and Commission Recommendations Current Board Members Applicant(s)Selected by Interview Panel appointed May 2008 Marvin Fuller Current Member Marvin Fuller Robert Thurmond Jr. Current Member Robert Thurmond Jr. 3 WORK SESSION Discussion and possible action regarding the Solid Waste & Recycling Contract Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 24, 2008 Item Number: 4 (City Secretary's Use Only) Department: City Manager's Office Prepared By: Jeff Butters Account Code: Date Prepared: June 5, 2008 Budgeted Amount: Solid Waste Contract, Solid Exhibits: waste bid matrix. Subject (MOTION TO REMOVE FROM TABLE) Consider, and act upon, award of bid for solid waste services and authorizing the Mayor to enter into a contractual agreement with Community Waste Disposal L.P. for the provision of solid waste services in the City of Wylie. Recommendation Motion to award of bid for solid waste services and authorizing the Mayor to enter into a contractual agreement with Community Waste Disposal L.P. for the provision of solid waste services in the City of Wylie. Discussion The City of Wylie's current solid waste disposal contract will expire August 31st of this year. On March 25th, 2008 the City Council appointed a solid waste citizens' advisory committee to provide feedback and advice to Council and staff on solid waste service issues. On April 10th, 2008 the committee met and discussed solid waste service issues. The issues expressed included; dissatisfaction with the current level of service, a need for an option for disposing of household hazardous waste (HHW), a different method of residential bulk pickup, a need for curb-side Christmas Tree pick-up, a need for a mulching program, an option for bulk removal following storms, and a concern that revenue generated from recycle collection should be shared with the City/residents. The issues raised by the committee were incorporated into our Request for Proposal with the exception of a mulching/composting program. Staff felt that we did not have the staffing currently for the program and that it would have to be addressed through the budget process. The RFP process was conducted as follows: • On April 30th a Request for Proposals for Solid Waste Service for the City of Wylie was advertised in compliance with Chapter 252 of the Local Government Code. • On May 7th a pre-bid conference was held with venders interested in bidding on the solid waste contract. • On May 21st a bid opening was conducted. Five proposals were received and opened. Immediately following the bid opening staff reviewed the proposals, compiled a matrix to compare costs, and got references on the providers bidding on the contract. • On May 28th staff met with the citizens' advisory committee to present the proposals and references and to hear their recommendations. The advisory committee makes the following recommendations: • That the City Council authorize the Mayor to contract with the low bidder, Community Waste Disposal Page 1 of 2 Page 2 of 2 (CWD) with the following service options: • HHW will be collected three times per year at a municipal site (during Cleanup Greenup events). • Bulk will be picked up on a "on call, as needed" basis with a limit of six (6) cubic yards per visit and 24 cubic yards per year, with an option to have additional bulk picked up as result of a storm or other weather event. • Recycle polycarts will be picked up every week. • Christmas trees will be collected at curbside and composted by CWD at no additional charge. • Wylie Independent School District will receive a 10% discount. • There will be a recycle commodities revenue share which was detailed in the proposal and is detailed in the contract. • Residential rates remain the same, no increase, which leaves room for the City to absorb any future rate increases. • The commercial fee charged by the City will be reduced so that the net effect of this contract will be no increase in costs for the business community. (This will be easily absorbed by the increase in revenue generated by the low residential bid). The net effect of the committee's recommendation is that residents will receive the additional services that they have requested, at no additional costs, the City will generate more revenue than it has in the past, and WISD will reduce their solid waste collection costs. Recycle Revenue Sharing: At our current level of recycle participation, the revenue sharing proposal will produce approximately $15,000 per year in revenue. With an increase in recycle pick up to every week, increasing commodities prices, and the growth of the City, staff is hopeful that this revenue will increase in the future. In thinking about a way to use this revenue that will help us motivate citizens to recycle more, staff offers the following proposal: • That the recycle revenue be rebated from CWD directly to WISD to be placed into a scholarship fund and used to grant college scholarships to graduating Wylie seniors. Staff anticipates that creation of a scholarship fund would assist the City of Wylie and WISD in encouraging citizens to increase participation in recycling and provide a tremendous benefit to citizens for years to come. I presented this option to the solid waste committee and some members expressed support for the idea while several members suggested other alternatives for the revenue that would benefit a wider range of residents. Suggestions included using the money for animal control, Parks and Recreation activities or programs, or using this revenue to fund the mulching program which was asked for but not included in this contract. How this revenue is utilized does not have to be decided tonight. The contract will take effect September 1st, 2008 and a use for the recycle revenue can be determined prior to that date by addendum to the contract. Community Waste Disposal did receive very favorable recommendations from current customers which are the Cities of Allen, Frisco and Little Elm. Approved By Initial Date Department Director JB 6/5/08 City Manager 6°// '0( SOLID WASTE & RECYCLING CONTRACT BETWEEN THE CITY OF WYLIE, TEXAS AND COMMUNITY WASTE DISPOSAL,L.P. Effective September 1, 2008 518736-1 TABLE OF CONTENTS Page 1.00 GRANT 1 2.00 DEFINITIONS 1 2.01. Bags 1 2.02. Bins 1 2.03. Bulky Waste 1 2.04. Bundle 2 2.05. City 2 2.06. Commercial and Industrial Refuse 2 2.07. Commercial and Industrial Unit 2 2.08. Commodity 2 2.09. Commodity Buyer 2 2.10. Construction Debris 2 2.11. Container 2 2.12. Contractor 2 2.13. Curbside 2 2.14. Dead Animals 2 2.15. Disposal Site 2 2.16. Garbage 2 2.17. Hazardous Waste 3 2.18 Household Hazardous Waste 3 2.19. Holidays 3 2.20. Polycart Container 3 2.21. Producer or customer 3 Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page i 518736.v1 2.22. Recyclable Commodities 3 2.23. Refuse. 3 2.24. Residential Refuse 3 2.25. Residential Unit 3 2.26. Rubbish 4 2.27. Stable Matter 4 3.00 SCOPE OF WORK 4 4.00 COLLECTION OPERATION 4 4.01. Service Provided. 4 4.02. Location of Polycart Container Bins, Containers, Bags and Bundles for Collection. 5 5.00 COLLECTION OPERATION 5 5.01. Hours of Operation. 5 5.02. Routes of Collection. 6 5.03. Holidays 6 5.04. Complaints 6 5.05. Collection Equipment 7 5.06. Office 7 5.07. Non-Collection 7 5.08. Interruption of Service 8 5.09. Hauling 8 5.10. Disposal 8 5.11. Emergency Circumstances and Notifications 8 5.12. Point of Contact 9 5.13. Property Damage 9 5.14. Liquidated Damage 9 Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page ii 518736.vl 6.00 COMPLIANCE WITH THE LAW 9 7.00 EFFECTIVE DATE 9 8.00 NONDISCRIMINATION 10 9.00 INDEMNITY 10 10.00 INDEPENDENT CONTRACTOR 10 11.00 LICENSES AND TAXES 10 12.00 TERM 11 13.00 INSURANCE 11 14.00 BASIS AND METHOD OF PAYMENT 12 14.01. Collection and Disposal Rates. 12 14.02. Rate Adjustments 12 14.03. Contractor to Act as Collector 13 14.04. Delinquent and Closed Accounts 13 14.05. Contractor Billings to City 13 14.06. New Accounts and Account Changes 13 14.07 Charges for Containers not Returned 13 15.00 OWNERSHIP 14 16.00 CONTRACTOR FEE 14 17.00. RECYLE REVENUE SHARING 14 18.00 BOOKS AND RECORDS 14 19.00 TERMINATION FOR CAUSE 15 20.00 NOTICES 15 21.00 APPROVAL 15 22.00 AMENDMENT 16 23.00 FORCE MAJEURE 16 Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page iii 518736.vl 24.00 SEVERABILITY 16 25.00 ENTIRE CONTRACT 16 26.00 COUNTERPARTS 16 27.00 VENUE 16 28.00 ORDINANCES 16 29.00 AUTHORITY TO EXECUTE 17 30.00 ASSIGNMENT 17 31.00 SOVEREIGN IMMUNITY 17 32.00 MISCELLANEOUS DRAFTING PROVISIONS 17 33.00 NO THIRD PARTY BENEFICIARIES 17 EXHIBITS "A", "B" AND "C" ATTACHED Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page iv 518736.vl SOLID WASTE & RECYCLING CONTRACT THIS SOLID WASTE & RECYCLING CONTRACT (this "Contract"), made and entered into this 1st day of September, 2008, by and between the City of Wylie, Texas, a Municipal Corporation of Collin County, Texas, (hereinafter called the "City") and Community Waste Disposal L.P. , (hereinafter called"Contractor"). WITNESSETH: WHEREAS, Contractor formerly submitted a proposal for the provision of solid waste services within the incorporated city limits of Wylie, Texas. WHEREAS, the parties hereto desire for Contractor to provide Solid Waste and Recyclable Materials Collection within the City and to perform such work as may be incidental thereto in accordance with the terms of this Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.00 GRANT The City hereby grants to Contractor an exclusive contract to engage in the business of collecting from the Residential, Commercial (excluding temporary) and Industrial Units within the corporate limits of the City and disposing of Refuse and Recyclable Materials and, further, the City hereby grants to Contractor permission to use the public streets, alleys, easements and thoroughfares within the limits of the City for the purpose of collection and disposal of Refuse and Recyclable Material, subject to the limitations, terms and conditions hereinafter specified and contained in this Contract. 2.00 DEFINITIONS 2.01. Bags. Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 40 lbs. 2.02. Bins. Metal receptacles designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 2.03. Bulky Waste. Stoves, refrigerators, water tanks, washing machines, furniture, Construction Debris (generated from the Residential Unit only) and other waste materials other than Dead Animals, Hazardous Waste, or Stable Matter with weights or volumes greater than those allowed for the applicable Bins or Polycart Containers. Customer shall be responsible for the proper removal of refrigerants, Hazardous Wastes and other hazardous materials from Bulky Wastes and shall properly tag Bulky Wastes as being free of refrigerants, Hazardous Wastes and other hazardous material prior to removal by Contractor. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 1 518736.vl 2.04. Bundle. Tree, shrub and Brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length, six inches in diameter, or fifty (50) lbs. in weight. 2.05. City. City of Wylie, Texas. 2.06. Commercial and Industrial Refuse. All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07. Commercial and Industrial Unit. All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of the City; but not a Residential Unit. 2.08. Commodity. Material that can be sold in a spot or future market for processing and use or reuse. 2.09. Commodity Buyer. A buyer or processor selected by Contractor pursuant to the Contract Documents, of Recyclable Materials delivered by Contractor. 2.10. Construction Debris. Waste building materials resulting from construction, remodeling, repair or demolition operations. 2.11. Container. A receptacle for the temporary storage of solid waste. 2.12. Contractor. Community Waste Disposal. 2.13. Curbside. Portion of right-of-way adjacent to paved or traveled City roadways (including alleys). 2.14. Dead Animals. Animals or portions thereof equal to or greater than 10 pounds in weight, that have expired from any cause, except those slaughtered or killed for human use. 2.15. Disposal Site. A Refuse depository including but not limited to sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or Dead Animals for processing or final disposal. 2.16. Garbage. Any and all Dead Animals of less than 10 pounds in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other, animal or vegetable matter (including, but not by way of limitation, that used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 2 518736.vl included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 2.17. Hazardous Waste. Waste, in any amount, identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S. C. Section 6901), or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor, oil, gasoline, paint and paint cans 2.18. Household Hazardous Waste. Wastes from households that would be hazardous waste, if not specifically excluded by federal regulations, (HHW) are hazardous wastes contained in consumer products designed and marketed to be used in households, not in industrial settings. Examples include fluorescent light bulbs, paints, wood stains, fuels, batteries, corrosive cleaners, pool chlorine and acid and some pesticides. Examples of other materials that are collected with HHW include motor oil, oil filters, antifreeze, and latex paint. 2.19. Holidays. The following shall be holidays for the purpose of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2.20. Polycart Container. A rubber wheeled container, with a maximum capacity of 95 gallons, designed for automated or semi-automated solid waste collection systems. 2.21. Producer or customer. An occupant of a Commercial Unit, Industrial Unit or a Residential Unit who generates Refuse. 2.22. Recyclable Commodities. Material that has been recovered or diverted from the nonhazardous waste stream for the purposes of reuse, recycling, or reclamation, including, but not limited to, newspapers (including glossy inserts); plastic jugs and bottles; aluminum and metal cans; and glass food and beverage containers. 2.23. Refuse. This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. 2.24. Residential Refuse. All Garbage and Rubbish generated by a Producer at a Residential Unit. 2.25. Residential Unit. A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less contiguous or separate Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 3 518736.vl single-family dwelling units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. 2.26. Rubbish. All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.27. Stable Matter. All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. 3.00 SCOPE OF WORK The work under this Contract shall consist of all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with these Contract Documents including the Special Provisions and the Performance Standards. A copy of said Special Provisions is attached as Exhibit "A" and made a part hereof for all purposes. A copy of said Performance Standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 4.00 COLLECTION OPERATION 4.01. Service Provided. (a) Contractor shall provide curbside or alley collection service for the collection of Residential Refuse to each Residential Unit one (1) time per week. Polycart Containers shall be placed at curbside or alley by the residential customer by 7:00 a.m. on the designated collection day. All Residential Refuse shall fit into the Polycart Container with the lid closed. (b) Contractor shall provide curbside or alley collection service for the collection of Recyclable Materials from each Residential Unit one (1) time per week. Recycling Containers shall be placed at curbside or alley by the residential customer by 7:00 a.m. on the designated collection day. (c) Contractor shall provide Bin collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. This shall exclude temporary commercial service. (d) The Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter in accordance with Section Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 4 518736.vl 14.01(b). Also, the Contractor Shall provide for the special collection of Hazardous Waste at Municipal Facilities three times per year. (e) Contractor shall provide transportation of collected Refuse to the Disposal Site for disposal, which responsibility is solely that of the Disposal Site operator. (f) Contractor shall provide transportation and processing of collected recyclables to Contractor's Material Recovery Facility. (g) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which the Contractor has no control. In the event of such a flood tornado, or other Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the Contractor. Contractor will provide emergency storm clean up services at a rate of$125.00 per hour per rear load truck, as need is determined by the City. 4.02. Location of Polycart Containers, Bins, Containers, Recycling Containers, Bags and Bundles for Collection. (a) Each Polycart Container, Bag, Recycling Container, Containers and Bundle shall be placed at curbside for collection. Polycart Containers, Recycling Containers, Containers Bags and Bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of way, Polycart Containers, Containers, Recycling Containers, Bags and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Polycart Container, Container, Recycling Container, Bag and Bundle not so placed or any Residential Refuse not contained in a Polycart Container. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a concrete pad according to individual agreement between Contractor and the Commercial or Industrial Unit. Contractor may decline to collect Refuse in Bins not so placed by the customer. Placement of bin and size/construction of concrete pad shall be such that the front wheels of collection vehicles shall rest entirely on the pad while bin is lifted and emptied. 5.00 COLLECTION OPERATION 5.01. Hours of Operation. (a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. on the same day. Exceptions to collection hours shall be affected only upon the mutual agreement of the City and Contractor, or when Contractor Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 5 518736.vl reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. (b) Collection of residential Rubbish and Bulky Waste, and Commercial and Industrial Refuse shall take place according to individual agreement. 5.02. Routes of Collection. (a) Residential Unit routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. Contractor shall provide, at its expense, a map of such Residential Unit collection routes in a brochure to be mailed to each customer affected by a route change at least once during each calendar year and shall make such brochures continuously available at City Hall. The published map shall be of such size to clearly show all pertinent information. The Contractor may, from time to time, propose to City for approval, changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City approval of the proposed changes, Contractor shall promptly give written or published notice to the affected Residential Units. (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03. Holidays. Contractor may decide to observe any of the Holidays mentioned herein, but such decision in no manner relieves Contractor of his obligation to provide Refuse collection service at Residential Units at least once per week. 5.04. Complaints. All complaints shall be handled directly by the Contractor. Each complaint shall be given prompt and courteous attention and be resolved within seventy-two (72) hours of receiving the complaint. However, in the case of alleged missed scheduled collections, the Contractor shall investigate, and if such allegations are verified, shall arrange for the collection of the solid waste the same day if called in before 12:00 Noon, but not more than twenty-four (24) hours after the initial complaint was received. Contractor will be responsible for maintaining a log of all complaints received, and will provide the City with a copy of the log on a monthly basis. The log shall indicate at least the following information: • Name of complainant; • Date and hour of the complaint; and • Nature and address of the complaint, and the manner and the date and time of its resolution. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 6 518736.vl Contractor shall meet the timeliness requirements of the performance standards set forth in this Contract at least ninety-eight (98%) of the time, measured on a quarterly basis, or City shall have the right to terminate this Contract by providing Contractor with at least thirty (30) days advance written notice of the termination and the effective date thereof. Contractor shall continue to provide services under this Contract until the effective date of termination. 5.05. Collection Equipment. The Contractor, at its sole cost and expense, agrees to furnish all trucks, equipment, machines, and labor (the "equipment"), which are reasonably necessary to collect and transport Refuse and/or recyclables from accounts serviced by the Contractor in accordance with this Contract. The equipment shall be maintained in a safe and clean working condition throughout the term of the Contract and any renewal period. The equipment shall be maintained and painted as often as necessary to preserve and present a well-kept appearance in accordance with normal industry standards in the Dallas-Fort Worth metropolitan areas. The Contractor shall clean the equipment on a regular weekly basis or more frequently as may be necessary to maintain sanitary and safe working conditions. Contractor will ensure that no fluids leak from contractors equipment onto alleys, streets, sidewalks or driveways and if such leaks or spills occur contractor will remediate the spill and repair the equipment to prevent further leaks or spills. Additionally, the Contractor shall have standby equipment available to regularly complete the daily routes in the event of equipment failure or excessive volumes of collection,which it is obligated to collect and transport in connection with this Contract. The Contractor shall provide the City a list of all identification numbers for collections vehicles operating in the performance of the Contract. Vehicles not listed will not be authorized for disposal under this Contract. Vehicular changes, additions, or deletions shall be made through the City's Public Services Director in writing. Emergency changes, additions, and deletions may be submitted by telephone and followed up in writing. 5.06. Office. The Contractor shall maintain an office. Such office shall be open at a minimum, Monday through Friday, 8:00 a.m. until 5:00 p.m. with a qualified service representative available to personally answer inquiries, as well as a qualified field supervisor to oversee the daily operations. The office is to include personnel needed to maintain weekly delivery of new and replacement trash carts and make repairs when necessary. The telephone number of the Contractor's office will be widely available to customers. After-hours calls shall be forwarded to a twenty-four hour message center, with calls responded to, by Contractor personnel, the following morning or immediately depending on the nature of the call. Contractor shall advise the City Manager or representative thereof of all emergency service matters. 5.07. Non-Collection. Should a dispute arise between City, Contractor and/or a customer as to whether Contractor actually failed to make a collection (whether Contractor missed a pick-up), the decision of the City shall be final, and the Contractor agrees to abide by said decision. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 7 518736.vl It is specifically understood and agreed that if the customer fails to timely place a Container/cart out, maintains improper or inadequate containers for the nature, volume, or weight of acceptable waste/recycling to be removed from the premises, or places improper bundles or volumes of waste/recycling for collection, or places hazardous waste, special waste, or other refuse in violation of this agreement, the Contractor may refrain from collecting all or a portion of such refuse that is rendered not collectable due to any of the aforementioned circumstances. The Contractor shall notify both the City and the customer of the reason for any such non-collection (unless such non-collection is due to the customer's failure to timely place the waste/recycling for collection). Contractor's notice to the customer shall be in writing, attached to the container or the front door of the residence, and shall indicate the nature of the violation and the correction required in order that such solid waste may then be collected at the next regular collection date. Where a customer notifies the City that acceptable waste/recycling has not been removed from the residents' premises on the scheduled collection day and where no notice of non- collection nor a change in collection schedule has been received from the Contractor, the City shall investigate. If the investigation discloses that the Contractor has failed to collect acceptable waste/recycling from the subject premises without cause, the Contractor shall collect same within twenty-four (24) hours after a collection is ordered by the City, at no additional charge. 5.08. Interruption of Service. In the event that the collection and disposal of acceptable waste should be interrupted by any reason for more than forty-eight (48) hours, City shall have the right to make temporary independent arrangements for purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety, and Contractor shall pay the City all costs and expenses associated therewith within ten (10) days of notice of the costs and expenses. If the interruption of service mentioned above continues for a period of seventy-two (72) hours and is not the result of a force majeure, then City shall have the right to terminate this Contract by providing Contractor written notice of the termination and the effective date thereof. 5.09. Hauling. All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing is reasonably prevented. 5.10. Disposal. All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. 5.11. Emergency Circumstances and Notifications. Contractor shall use whatever means to notify the City Manager or representative thereof of any changes, due to emergency circumstances, that may require the use of alternative disposal/recycling facilities/sites. In the event that at some future time, there is no disposal site available, costs in disposing of said waste may be negotiated by the City and Contractor in good faith. Solid Waste& Recycling Contract(Community Waste Disposal,L.P.) Page 8 518736.vl The Contractor shall notify, at its sole cost and expense, all producers at residential units about complaint procedures, rates, regulations, and days for scheduled collection. 5.12. Point of Contact. All dealing, contacts, etc., between the Contractor and the City shall be directed by the Contractor to the City Manager or his/her designated representative. 5.13. Property Damage. The Contractor shall be responsible for the repair of damage caused by the Contractor's collection equipment. Substantiation of cause shall be determined by mutual agreement of the City and the Contractor. Within fifteen (15) days after receipt of a notice of damages, pending substantiation of cause that shall not be unreasonably delayed, the Contractor shall arrange for satisfactory repairs. Repairs shall be made within one week of notification unless additional time is needed to meet repair requirements. Contractor agrees to notify the resident or business and the City of their course of action and give reasonable timeframe for completion. This shall include remediating any leaks or spills of motor oil, hydraulic fluid, gas or other hazardous material onto alleys, streets, sidewalks, drives or yards. 5.14. Liquidated Damage. In the event the Contractor fails to collect solid waste and recycling within twenty-four (24) hours after an order for collection is issued by the City pursuant to the third paragraph of Section 5.07 above, such failure shall constitute an act of non-collection, and the City may assess Contractor a penalty for each act of non-collection per account, to be withheld by City from payments due pursuant to Section 14.07 below: for each residential account, Twenty-five dollars ($25.00) and for each commercial account, Fifty dollars ($50.00). 6.00 COMPLIANCE WITH THE LAW Contractor shall comply with all rules and regulations of the Texas Commission on Environmental Quality and the Environmental Protection Agency. In this regard, Contractor shall not be required to collect and dispose of any oil, sludge, fecal material, or any radioactive, pathological, toxic, acidic, or volatile material, Hazardous Waste, or other hazardous, medical, non-conforming or improper waste. Should Contractor elect to dispose of such materials, Contractor shall receive a fee or charge mutually acceptable to Contractor and the party requesting disposal of such materials. City agrees to pass such ordinances as are reasonably necessary to effectuate all terms of this Contract. Both parties and their officers, agents, employees, representatives, contractors and subcontractors shall abide by and comply with all applicable laws in the performance of this Contract. 7.00 EFFECTIVE DATE This Contract shall become, effective upon the execution hereof by all parties and the continuing performance of Contractor shall be governed by this Solid Waste & Recycling Contract from and after such date. Solid Waste& Recycling Contract(Community Waste Disposal,L.P.) Page 9 518736.vl 8.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 9.00 INDEMNITY THE CONTRACTOR WILL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY,ITS OFFICERS,AGENTS,SERVANTS,AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH), JUDGMENTS, COSTS, EXPENSES, AND ATTORNEYS' FEES (INCLUDING ANY ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) (COLLECTIVELY, "CLAIMS") ARISING OUT OF CONTRACTOR'S PERFORMANCE OF THIS CONTRACT AND DIRECTLY CAUSED BY A WILLFUL,NEGLIGENT OR GROSSLY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES. CONTRACTOR IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE LIABILITY FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, THEN CONTRACTOR IS NOT REQUIRED TO INDEMNIFY OR RELEASE CITY NOR BE LIABLE FOR DEFENSE OR DEFENSE COSTS OF THE CITY TO THE EXTENT OF THE LIABILITY APPORTIONED TO THE CITY. THE PARTIES RECOGNIZE THAT NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED AS A WAIVER BY THE CITY OF ITS SOVEREIGN IMMUNITY AND THAT THIS PARAGRAPH DOES NOT CREATE, AND SHALL NOT BE CONSTRUED AS CREATING,ANY RIGHT ENFORCEABLE BY ANY PERSON NOT A PARTY TO THIS AGREEMENT. 10.00 INDEPENDENT CONTRACTOR Contractor is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it under the terms of this contract. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between City and contractor or any of Contractor's agents or employees. Contractor assumes exclusively the responsibility for its acts and the acts of its employees as they relate to the services to be provided during the course and scope of their employ, except to the extent such services are performed in accordance with the specific directions of the City. Contractor, its agents and employees shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be a City employee(s). 11.00 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City and by the State. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 10 518736.vl 12.00 TERM This Contract shall be for a term beginning on the effective date pursuant to Section 7 and continuing through September 1, 2013. Thereafter, this Contract may be extended for an additional five (5) year term upon the written, mutual agreement of the parties, which either party may refuse to enter in that party's sole discretion. 13.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Workers Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9.00. All insurance shall be by insurers and for policy limits acceptable to the City; and before commencement of work hereunder the Contractor agrees to furnish to the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for which this certificate is executed and are in force at this time. In the event of cancellation, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Workers Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence As an alternative to the above, Contractor may insure the public liability and property coverage under a plan of self insurance. Each insurance policy with respect to public liability insurance may provide for a performance bond in the amount of one hundred thousand dollars and no cents ($100,000.00) with the result that the Contractor is its own insurer to the extent the coverage may be provided by the Contractor's parent Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 11 518736.v1 corporation. The Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self insurance. The Contractor shall provide the City with thirty (30) days prior written notice of any change in insurance coverage which would cause Contractor's insurance coverage to be for amounts less than required by this Contract. 14.00 BASIS AND METHOD OF PAYMENT 14.01. Collection and Disposal Rates. (a) The rate for collection services required to be performed pursuant to Sections 4.01 (a), (b) and (c) shall be the rates set forth in Exhibit "C", attached hereto and made a part hereof subject to adjustment in accordance with Section 14.02, to be effective September 1, 2008. (b) For special collection provided by the Contractor pursuant to Section 4.01 (d), the charges are to be negotiated between the Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. (c) The Refuse collection charges provided by Sections 14.01 (a)-(c) shall include all disposal costs. (d) In the event that any commodity collected shall not be marketable for a period of sixty (60) days or longer, City and Contractor upon mutual agreement, shall eliminate that commodity from the Recyclable Materials program and this Contract. 14.02. Rate Adjustments. The rates set forth in the Contract shall remain effective for the period of one (1) contract year from the effective date of this Contract. On each anniversary of such date, any or all rates may be increased or decreased based on the DFW CPI-U, the price of diesel fuel as reported by the Department of Energy, Energy Information Administration, and the published disposal costs of the Garland, Texas landfill. (Current Garland Landfill Gate Price = $30.00 per ton) At least sixty (60) days prior to the date anniversary each year, the Contractor shall notify the City of any such proposed rate adjustment, and upon request, provide the supporting data that is the basis for the rate adjustment. Any justifiable increase or decrease will be determined by the City. In addition, the above-defined rates may be adjusted annually by mutual written agreement between the City and the Contractor in the event of (i) changes in any laws, ordinances, regulatory requirements or guidelines including changes in construction or interpretation thereof or change in the manner or method of construction or interpretation thereof or change in the manner or method of enforcement thereof; (ii) orders,judgments or directives of any court or governmental body of instrumentality thereof; The Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 12 518736.vl Contractor shall provide the City documents and records in sufficient detail to reasonably establish the basis to any requested rate adjustment(s) at the time of the request and the City will act reasonably in determining whether it agrees to any such request for a rate increase. All above-mentioned rate adjustment procedures are agreed to and understood to apply to any and all services provided to commercial and industrial customers as well as residential customers. 14.03. Contractor to Act as Collector. The Contractor shall submit statements to and collect from all Commercial and Industrial Units for services provided by the Contractor pursuant to Section 4.01(c) (including Shared Dumpsters). 14.04. Delinquent and Closed Accounts. (a) The Contractor shall discontinue Refuse collection service at any Residential Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. (b) The Contractor shall have the right to discontinue Refuse collection service at any Commercial and Industrial Unit or Shared Dumpster delinquent in its payments. 14.05. Contractor Billings to City. The Contractor shall bill the City for service rendered to Residential Units within ten (10) days following the end of the month and the City shall pay the Contractor on or before the fifteenth (15th) day following the receipt of the invoice. Such billing and payment shall be based on the price rates and schedules set forth in this Contract. The Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not the City collects from the customer for such service. 14.06. New Accounts and Account Changes. The City shall notify the Contractor of all new accounts by email or fax (if network non-operational), during working hours. Residential Polycart Containers and Recycling Containers requested on this list will be delivered on the resident's move-in day or within three (3) days after the day of request from the City, whichever is later. Service will begin during the next regularly scheduled collection day after the delivery of the cart or container. The Contractor shall notify the City of any account changes in writing on the same day the account change requests have been implemented. 14.07. Charges for Containers Not Returned. Contractor shall be entitled to collect a Container Replacement Charge applicable to each Container, Polycart Container, or Recycling Container, in the amount set forth on Exhibit "C," from any Terminating Customer (as defined below) who does not return to Contractor (by pickup by Contractor) each Container, Polycart Container, and Recycling Container delivered to such customer by or on behalf of Contractor in connection with the provision of services by Contractor under this Agreement. The City shall use its best efforts to collect from any Terminating Customer the Container Replacement Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 13 518736.vl Charge(s) set forth on Exhibit "C". All such Container Replacement Charges shall be paid over to Contractor by the City with the next monthly invoice payment or (upon termination of this Contract, within thirty (30) days of receipt by the City from the customer). As used herein, a "Terminating Customer" is a customer whose service with Contractor terminates, whether due to the customer's relocation or upon the termination of this Contract. Commercial and construction waste containers will be delivered to customers within twenty-four(24) hours (excluding Sunday) of City notification. 15.00 OWNERSHIP Title to Refuse, Dead Animals and Recyclable Materials, except special, hazardous or non-conforming Refuse shall pass to Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the customer's premises, whichever last occurs. Title to special, hazardous or non- conforming Refuse and to Hazardous Waste shall not pass to Contractor, but shall remain with the Customer that generated such waste. 16.00 CONTRACTOR FEE The Contractor shall pay to the City five percent (5%) of all amounts received by the Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 20th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. The Wylie Independent School District(WISD) is excluded from this franchise fee. 17.00 RECYCLE REVENUE SHARING Contractor shall remit six dollars and twenty-five cents ($6.25) per ton of recycle material collected in the City. Recycle revenue will adjust as commodity prices adjust per Exhibit D. The recycle revenue sharing will be remitted to the City of Wylie. 18.00 BOOKS AND RECORDS The City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 14.02; but the City may inspect for the purpose of, including but not limited to, verifying and auditing payments made pursuant to Section 16.00. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 14 518736.vl 19.00 TERMINATION FOR CAUSE If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City shall notify Contractor by registered or certified mail addressed to the Contractor at the address set forth herein of specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the date of receipt of said notice from City to remedy any failure to perform. Should the City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no earlier than ten (10) days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Should the City still deem Contractor to have failed in its performance, said hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate refuse collection service for the City, the City Council may, by a majority vote, terminate this Contract. 20.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to the City, at: 2000 Highway 78 N Wylie, Texas 75098 Attn: City Manager If to the Contractor, at: 2010 California Crossing Dallas, Texas 75220-2310 Attn: President or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 21.00 APPROVAL This Contract shall not be considered fully executed or binding on the City or the Contractor until the same shall have been executed by the Contractor, the Mayor and the City Secretary of the City. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 15 518736.vl 22.00 AMENDMENT No amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. 23.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, Contractor shall not be liable for the failure, or delay of, performance of its duties if such failure is caused by a catastrophe, riot, public disturbance, accident, military authority, war, act of terrorism, governmental order or regulation, fire, act of God or other similar or different contingency beyond the reasonable control of Contractor. 24.00 SEVERABILITY In the event that any provision or portion hereof shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 25.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. 26.00 COUNTERPARTS This Contract may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 27.00 VENUE This Contract shall be construed under and in accordance with the laws of the State of Texas and venue shall be in Collin County, Texas. 28.00 ORDINANCES The Contractor shall conduct Operations under this Contract in compliance with all applicable ordinances of the City; provided however, the requirements of this Contract shall govern the obligations of the Contractor where there exists conflicting ordinances of the City on the subject. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 16 518736.v1 29.00 AUTHORITY TO EXECUTE The individuals executing this Contract 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 Contract 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 Contract in order for the same to be an authorized and binding Contract on the party for whom the individual is signing this Contract 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 30.00 ASSIGNMENT This Contract shall not be assigned, unless approved by the City Council prior to the assignment. Notwithstanding the preceding sentence, Contractor my assign its right to receive payments under this Contract in connection with any lending arrangement of Contractor or any of its affiliates. 31.00 SOVEREIGN IMMUNITY The parties agree that the City has not waived its sovereign and/or governmental immunity by entering into and performing its obligations under this Contract. 32.00 MISCELLANEOUS DRAFTING PROVISIONS This Contract shall be deemed drafted equally by all parties hereto. The language of all parts of this Contract 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 Contract are for the convenience of the parties and are not intended to be used in construing this document. 33.00 NO THIRD PARTY BENEFICIARIES Nothing in this Contract shall be construed to create any right or obligation on any third party not a signatory to this Contract, and the parties do not intend to create any third party beneficiaries by entering into this Contract. IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals as of the 1st day of September, 2008. CITY OF WYLIE, TEXAS A Municipal Corporation of Texas By: Eric Hogue, Mayor Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 17 518736.vl ATTEST: Carole Ehrlich, City Secretary COMMUNITY WASTE DISPOSAL L.P. By: Greg A. Roemer, President ATTEST: Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 18 518736.v1 EXHIBIT "A" SPECIAL PROVISIONS CITY OF WYLIE, TEXAS EFFECTIVE SEPTEMBER 1, 2008 I. City Facilities. Bin collection service for City of Wylie facilities shall be provided at no charge, with bins to be provided by the Contractor. II. Clean-Up Green-Up Campaign. A. Contractor shall provide Forty (40) 30-cubic yard roll off containers per year for Clean up Green up. Additional containers will be provided at the cost established in Exhibit C. B. Contractor agrees to collect household hazardous waste at Clean up Green up three times per year and transport the materials collected to a Recycle Center, at no disposal cost to the contractor. HHW will be collected per the restrictions and standards dictated by the Recycle Center. At no time will the contractor be obligated to collect material which is not accepted by the Recycle Center. All bulking fees will be billed separately to the city. These include but are not limited to: 55-gallon drums Flex bins 5-gallon bales Lecture bottles Speedy Dry III. Informational Services. A. Contractor also agrees to support environmental educational opportunities within the City, as well as other local festivals, events and fundraisers. B. Contractor agrees to link its website to the City's website in order to make available solid waste and recycling information and list the City information on Contractor's website. IV. Polycart Containers. Contractor agrees to deliver Polycart Containers to new customers on the customer's move-in date or within three (3) days after the day of request from the City, whichever is later. If a Polycart Container must be changed out or repaired, Contractor will deliver a substitute Polycart Container within one week after the day of request from the City or customer. V. Pavement Damage in Alleys. A. In addition to the obligation created by Section 5.13 of the Contract, Contractor shall be responsible for the repair of damage to paved surfaces in alleys when such damage is caused by the Contractor's collection equipment. Substantiation of cause shall be by mutual agreement of both parties. B. Within fifteen (15) days after receipt of a notice of damage, pending substantiation of cause and mutual agreement of both parties as outlined in Section 26.05(a), the Contractor shall arrange for satisfactory repair of the alley pavement or repairs, which will be performed by City forces and the City shall be reimbursed on a time and materials basis. Reimbursement for materials and labor shall be in the form of a credit on the Contractor's next monthly billing for Residential collection service. C. If the parties cannot reach agreement on the above-referenced liability, damage, or cost of repair; then, the parties agree to submit the matter to non-binding arbitration in accordance with the arbitration rules of the American Arbitration Association. EXHIBIT "B" PERFORMANCE STANDARDS CITY OF WYLIE, TEXAS EFFECTIVE MARCH 1,2006 I. Residential and Commercial Hand Collection A. Schedule: Once Weekly. B. Hours of Operation: 7:00 a.m. —7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All refuse must fit inside the polycart with the lid closed; nothing outside the polycart will be collected with the regularly scheduled weekly service. Plastic bags may be used inside the polycart. E. Spillage: Any spillage caused by Contractor will be picked up immediately. Spillage caused by others or by inadequate containers will be the producer's responsibility. F. Brush and Bulky Item Collection: CONTRACTOR will make weekly, brush and bulky collection available to Wylie residents on a "call as needed" basis with a limit of(6) cubic yards per call and (24) cubic yards per year, per household. Requests for bulk pickup beyond the (24) cubic yards per year maximum will be charged to the resident requesting additional bulk service. Special collection of brush and bulky items will be made available to Residents at the rate negotiated between the Contractor and the customer. Residents must call Contractor's dispatch office to schedule collection. Approved Containers: (a) Polycarts (b) Bundles placed at the curb or alley. (c) Maximum weight bundle or container is not to exceed that which can be lifted by two men, weight less than 150 pounds, and not to exceed 4 ft. x 4ft. x 8ft. G. Commercial Cart Collection Customers with an average weekly volume exceeding two (2) polycarts twice a week will be required to use container service unless there are extraordinary circumstances. Any dispute in average weekly volume will be submitted to City officials for decision. II. Residential Recycling A. Schedule: One (1)time weekly. B. Hours of Operation: 7:00 a.m. —7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: 1. Recycling 95 gallon Polycart. III. Commercial Container Collection A. Container Size Available: 2 cu. yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu. yd. B. Schedules Available: Up to five times weekly. C. Hours of Operation: 7:00 a.m. — to completion or 6:00 a.m. to 7:00 p.m. in non- residential areas. D. New Service: A listing will be maintained in the yellow pages. Requests for new service will be filled within five (5) working days. E. Extra Collections: If notified by 10:00 a.m. on service day, extra pick up will be performed that day. After 10:00 a.m., we will attempt to make the pick up that day. If unable, it will be made the following service day. There is a charge for extra pickups and refills. F. Container Maintenance: Containers that have been damaged will be exchanged or repaired by the contractor. G. Gates and Enclosures: If a container is located in an enclosure with a gate a fee of $8.75 per container per pickup will be assessed. This fee does not apply unless the enclosure does have a Gate. H. Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. I. Casters: Casters and locks are available on containers at a charge of $8.75 per container per pickup. J. Non-Payment: Customers will be notified in writing when thirty (30) days past due. If unpaid after forty-five (45) days, customer will be notified in writing that service is being suspended until account is paid in full. A copy will be sent to the Finance Department and City Code Enforcement. IV. General A. Office Hours: 8:00 a.m. — 5:00 p.m. Monday—Friday. B. Holidays: New Years, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days may be omitted by Contractor; however, refuse collection service at residential units will be performed no less than once per week. EXHIBIT "C" CITY OF WYLIE, TEXAS EFFECTIVE SEPTEMBER 1, 2008 REFUSE AND RECYCLING SERVICE: SEPTEMBER(2008 Rate) Residential-Single Family $7.80 Duplex Unity-Per Unit $7.80 Trailer Park-Per Unit $7.80 Additional Polycart Container, Per Unit $3.40 COMMERCIAL SERVICE: Commercial Hand Collection, per 95 gallon polycart Automated Collection Cost: Once per week $22.94 Two carts once per week $43.58 Front Load Container Rates lxwk 2xwk 3xwk 4xwk 5xwk 6xwk 2 cu yd $ 78.40 $149.80 $208.60 $291.06 $377.76 $ 465.85 3 cu yd $ 86.80 $163.80 $226.80 $314.16 $423.50 $ 503.12 4 cu yd $ 92.40 $172.70 $242.20 $337.26 $433.66 $ 538.52 6 cu yd $107.80 $197.40 $277.20 $381.92 $496.34 $ 613.06 8 cu yd $120.40 $226.60 $312.20 $428.12 $553.94 $ 685.73 Additional Charges Additional charge of$8.75 per pick up for containers on Casters Additional charge of$8.75 per pick up for containers with 4 sided enclosures Additional charge of$8.75 per pick up for containers with locks 8 cubic yard Cardboard Recycling Container 1 X per week $84.28 8 cubic yard Cardboard Recycling Container 2 X per week $176.74 Front load container exchange charge $ 78.94 Extra Pick Ups 2 cubic yard $47.37 3 cubic yard $48.42 4 cubic yard $49.47 6 cubic yard $51.58 8 cubic yard $52.63 Refills 2 cubic yard $36.84 518736-1 3 cubic yard $37.89 4 cubic yard $38.95 6 cubic yard $41.05 8 cubic yard $42.11 ROLLOFF CHARGES: 20 cubic yard per haul $482.31 (M-F) 30 cubic yard per haul $492.84 (M-F) 40 cubic yard per haul $524.42 (M-F) Delivery and Exchange $369.76 (M-F) Daily Container Rental $ 7.89 COMPACTORS: 6 cubic yard compactor haul charge $265.11 (M-F) 8 cubic yard compactor haul charge $297.79 (M-F) 30 cubic yard compactor haul charge $492.84 (M-F) 35 cubic yard compactor haul charge $492.84 (M-F) 42 cubic yard compactor haul charge $492.84 (M-F) Disposal will be billed at $29.23 per ton; rates based on 4 ton minimum. Returned check Charge $26.31 COMMERCIAL RATES FOR WYLIE INDEPENDENT SCHOOL DISTRICT Front Load Container Rates Size/Pickup 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 2 Cu Yd $ 67.03 $128.08 $178.35 $248.86 $322.99 $398.30 3 Cu Yd $74.21 $140.05 $193.91 $268.61 $362.09 $430.17 4 Cu Yd $79.00 $147.23 $207.08 $288.36 $370.78 $460.44 6 Cu Yd $92.17 $168.78 $237.01 $326.54 $424.37 $524.17 8 Cu Yd 102.94 $190.32 266.93 $366.04 $473.63 $586.30 WISD front load rates are net to contractor, does not include billing fee, franchise fee and sales tax do not apply. CITY BILLS RESIDENTIAL COMMUNTY WASTE DISPOSAL BILLS COMMERCIAL & ROLLOFF (Includes 5% Contractor Fee, excluding WISD) CITY ACCOUNT#9015397 CONTACT UTILITY BILLING 972.442.8131 -FAX 972.442.8105 518736-1 EXHIBIT "D" CITY OF WYLIE, TEXAS EFFECTIVE SEPTEMBER 1, 2008 RECYCLE REBATE REVENUE CALULATIONS: Total Revenue from the sale of all commodity (collected in the City of Wylie) times (60%) minus total processing fees. Example; Total Revenue from the sale of commodity $243,191.37 City Share of Gross Revenue (60%) $145,914.82 Less total processing fee $131,069.49 Revenue due to the City $ 14,845.33 Current Value = $6.25 per ton. NOTES Processing fee will be adjusted annually based on DFW CPIU Pricing based on March 2008 Component%will be periodically adjusted based on plant actual results. Per ton value shall not exceed $40.00 518736-1 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: June 24, 2008 Item Number: Work Session Department: City Manager (City Secretary's Use Only) Prepared By: Shane Colley Account Code: Date Prepared: June 20, 2008 Budgeted Amount: Exhibits: 3 Subject Discussion and direction for pending items from the Value Engineering List for the New City Hall, Library and Recreation Center. Recommendation Discussion I have marked the VE List according to the direction given from the June 10th Council Meeting and included it here. The items that are marked in green were accepted, the red lines are items that were declined, and the yellow lines are items needing further discussion. Starting with a budget deficit of $2,044,616, our current accepted list will give us a total of$684,798 which leaves us with a $1,359,818 deficit. I have attached documentation concerning the items that were left for discussion at the last Council Meeting on June 10th. The first item on the list is the removal of the detention ponds. Included is a memo from Halff detailing the function of these ponds and we will discuss possible alternatives. The next item is the reduction of cost of the entry vestibules. The architects are working on a variant design as requested. The third item is the end-grain flooring and the alternate materials that could be used which will be presented by the architects. Next I have marked the acoustical panels and the Epic Deck together. The reason for this is that the Epic roof deck is being used in the Rec Center as well as the City Hall. We did not look at this as a possible split on this item. What is being proposed is to eliminate the portion of this item in the Rec Center and use that savings to add an equal portion of the acoustical treatments which would offset this cost savings but provide us with better acoustics in the Gym. The final item on this list is the use of the aluminum wiring in lieu of copper. I have included a report from the IAEI detailing this material and their uses. Staff was also presented with the option of pre-purchasing the Millennium Tile surplus. I have been in contact with Millennium Tile. The company is offering a price guarantee and warehousing of the surplus of the custom Page 1 of 2 Page 2 of 2 colored tile for a 30% down payment. This custom color is normally a cost of$12.60 per square foot. The price they are offering us is equal to their general stock price of$9.60 per square foot. I have reviewed this possibility with the Finance Director and we would be asking for approval to use funds that would be reimbursed from the Bond Fund if we decide to take this option. Approved By Initial Date Department Director SC 6/20/0811 City Manager 9/1-- �/;i e`/D Wylie Civic Center Wylie, Texas 10-Jun-2008 VE and Budget options VE items Track # Description Value Recommended Site VES4 Delete the Retention Ponds $ (45,286) $ (45,286) VES2 Delete pavers and substitute with rock salt concrete stamped with $ (15,239) $ (15,239) same pattern as shown in L-100 Building Exterior VE4 Delete sawtooth roof in Quiet Reading Room (L138) $ (22,457)and replace with flat roof at 20'-0" VESTR7 Delete open structure without roof deck at South porch area $ (230,230) $ (230,230) VE6 Replace roof assembly at roof overhangs with structural standing $ (41,293) $ (41,293) seam roof VE10 Replace Millenium Tiles with 12" wide 3-color $ (66,500) - standing seam VE12 Delete stone sills and lintels on stone wall and replace with steel $ (150,439) - sills and lintels at windows Al-A4 VE14 Reduce cost of stone entry portals and stone wall above entry $ (50,000) $ (50,000) portals by 50,000 target VE22 Reduce cost of glass entry vestibules $ (49,551) - Holzman Moss Architecture ArchiTexas Thos. S. Byrne, Ltd. Track # Description Value Recommended Building Interior VE-AI-4 Reduce the amount of interior storefront on the $ (51,992) - City Hall VESTR2 Bury all windframe base plates into the slab. No $ (10,500) $ (10,500) cast concrete bases. VE19 Replace end-grain flooring with stained and sealed $ (90,519) $ (90,519) concrete City Hall and Rec Center. Library to remain end-grain wood florring. VE-AI-5 Use laminate flooring in lieu of mesquite flooring - Item is exclusive $ (71,250)with VE 19. VE20 Replace Vinyl Wall Coverings 1, 2, 3 with painted $ (53,394) $ (53,394) GWB VE21 Reduce quantity of acoustical panels in Gymnasium $ (46,160) $ (46,160) ceiling by 50% VESTR4 Delete Epic roof deck and replace with standard painted $ (75,000) - metal deck Use 2x4 lay-in fixtures in work areas in lieu of pendants. Keep $ (125,889) $ (125,889) pendants in excecutive offices. Adjust qty of F5, F10, F14 fixtures. (VEAL6, VEAL1, VEAL2, VEAL3) VE-AI-1 Change the clay block to gyp w/ vinyl wall covering $ (3,790) $ (3,790) in Room L149 Library Puppet Theater VE-AI-3 Reduce millwork by 100,000 - Targeted reduction $ (100,000) $ (100,000) Recommended VE total $ (812,300) Holzman Moss Architecture ArchiTexas Thos. S. Byrne, Ltd. Track # Description Value Recommended Owner Options Phase interior finish-out VE1 City Hall - Shell out 3rd floor $ (810,171) $ (810,171) $ (810,171) Library - Shell out East portion of stack area (CLs 22 to 26) and $ (371,441) $ (371,441 $ (371,441) A.1 reading room VES3 Reduce 1/3 Parking to match first phase areas $ (259,913) Library options Replace wood deck with metal deck and acoustical treatment $ (121,702) - Other options Postpone construction of rainwater collection tanks. Provide $ (240,000) - interior plumbing to use rainwater collection on toilets. Reduce roof overhang South side of City Hall $ (91,280)per sketch. Replace clay block types A Et B with brick type D'Hanis: 3-5/8" $ (54,463) $ (54,463) $ (54,463) deep x 7-5/8" long x 2-1/4" high. Use aluminum wiring in lieu of copper on wires 1/0 and thicker. $ (28,613) - Total Recommended Options and VE $ (2,048,375) Holzman Moss Architecture ArchiTexas Thos. S. Byrne, Ltd. ■■■ 1201 North Bowser Road ■■■ H AL..F F Richardso 81 Texas 0■■. Fax(214)739-0095 MEMORANDUM TO: Mark Scruggs DATE: June 12, 2008 Architexas FROM: Brandon A. Luedke, E.I.T. AVO: 25417 EMAIL: bluedke@halff.com SUBJECT: Wylie Civic Center—Detention Pond Description for City Council clarification Per our conversation today, here is a description of the detention ponds as originally shown on the plans and recently removed for Value Engineering to save costs. There were two detention ponds originally designed, one on the east and west sides of the proposed building complex, both for storm water management purposes only. The detention ponds we designed were to temporarily hold 3-ft to 3.5-ft of water for heavy rain events based on City of Wylie criteria and would immediately begin draining until empty. The detention ponds would be dry most of the time. Per the City of Wylie's Manual For The Design Of Storm Drainage Systems, a new development shall incorporate detention ponds to control post-development runoff except in situations where a case is made to the City proving hydraulically there are no adverse conditions created downstream as a result of development. The ponds only regulate the amount of storm water runoff discharging from this site to the adjacent Creek. We made our case to Chris Hoisted—City Engineer and he approved the removal of both ponds from the storm design. January-February 2006: Aluminum Building Wire Installation and Terminations Page 1 of 7 Sign In I Register { , Coogle- Thr dcfinitivc• riaga!inc for cicctrical inspectors WWW t% IAEI Magazine Advertise Contribute Reader Services Editorial Team IAEI.org IAEI News>Issue Listinq>January/February 2006 >Aluminum Building Wire Installation and Terminations Aluminum Building Wire Installation and • Terminations In my experiences as a field engineer with Alcan Cable, I'm often asked about the right way to install aluminum building wire. Quite often I'm told that aluminum wiring is fine, as long as the installer is careful. The implication is that installing aluminum Photo 1 building wire is in some way trickier than installing copper building wire. Although this Aluminum wiring might have been true with pre-1972 aluminum wire, conductor and connector changes incorrectly installed on have made installing aluminum building wire as simple as installing copper. copper-only receptacle by Christel Hunter Table 1 Coefficients of expansion In my experiences as a field engineer with Alcan Cable, I'm often asked about the right way to install aluminum building wire. Quite often I'm told that aluminum wiring Photo 2 is fine, as long as the installer is careful. The implication is that installing aluminum Legend on commercially building wire is in some way trickier than installing copper building wire. Although this available AA-8000 might have been true with pre-1972 aluminum wire, conductor and connector changes conductor have made installing aluminum building wire as simple as installing copper. Photo 3 Compact stranded History of Aluminum Wire aluminum conductor Electricity is transmitted from the utility generating station to individual meters using almost exclusively aluminum wiring. In the U.S., utilities have used aluminum wire for over 100 years. It takes only one pound of aluminum to equal the current-carrying ■Current Issue capacity of two pounds of copper. The lightweight conductors enable the utility to run transmission lines with half the number of supporting structures. The utility system is ■Issue Archive designed for aluminum conductors, and utility installers are familiar with installation techniques for the types of aluminum conductors used in utility applications. ■View Series ■Focus on the Code Feeder and branch-circuit wiring systems were designed primarily for copper .Request Reprints conductors. Aluminum wiring was evaluated and listed by Underwriter's Laboratories for interior wiring applications in 1946; however, it was not used heavily until 1965. At ■Editorial Team that time, copper shortages and high prices made the installation of aluminum branch- .Sign in I Register circuit conductors a very attractive alternative. At the same time, steel screws became more common than brass screws on receptacles.1 The aluminum wire and the ■Subscribe receptacle devices were both listed in accordance with the available product standards. As aluminum wire was installed more frequently, the industry discovered that changes were needed to improve the means of connecting and terminating smaller aluminum wire. Installation methods for utility grade aluminum conductors were also different, and workmanship was an important factor in making reliable connections. The use of steel screws with utility grade aluminum wire resulted in a connection point that was more sensitive than copper or aluminum wire terminated with the previously used brass screws. Almost all reported problems involved 10 AWG and 12 AWG branch-circuit connections, so let's focus on this type of connection and explain why it was more difficult to achieve a stable connection. The pre-1972 aluminum wire is often referred to as either EC grade aluminum, AA-1350 or utility grade aluminum. I will use these three terms interchangeably. Several factors led to the reported failures of aluminum conductors with steel screws. One of the most often cited reports on aluminum wiring, The Report of the Commission of Inquiry on Aluminum Building Wire, evaluated information published http://www.iaei.org/subscriber/magazine/06_a/hunter.html 9/15/2006 • January-rebruary 2UUb: Aluminum Building Wire Installation and Terminations Page 2 of 7 between 1941 and 1978 and identified 19 different factors that might have affected the contact resistance of aluminum wiring.2 The most likely and often identified culprits were: workmanship, thermal expansion differences and creep. Table 1 shows the coefficients of linear expansion for aluminum, copper, steel and brass. Poor workmanship is generally recognized as the primary source of failed connections. Incorrect installation methods included incorrectly tightened connections, wires wrapped the wrong way around binding screws, and aluminum conductors used in push-in connections or with devices meant only for copper(see photo 1). Because the connections were often made incorrectly, a chain of events was initiated that sometimes led to failure at the connection. The connection was loose to begin with due to improper tightening torque, and the physical properties of the aluminum/steel interface tended to loosen the connection more over time. Aluminum and steel have significantly different rates of expansion. Because the two materials would expand and contract at different rates under varying load and temperature conditions, they would gradually develop a smaller contact area. Since the contact area was reduced, the resistance increased. As the resistance increased, the temperature also increased at the termination point. A similar problem occurred when the aluminum conductors were incorrectly terminated in the push-in connections intended only for copper conductors. Another property of aluminum that is often referenced is known as the creep of a conductor. Creep is a property of all metals, and each metal has a unique rate of creep. Creep is the measurement of the rate of change of a material's dimensions over a period of time when exposed to a force at a particular temperature. EC grade aluminum building wire has a higher creep rate than copper building wire. In comparison, AA-8000 aluminum alloys have creep rates very similar to copper building wire. This means that AA-8000 conductors perform very much like copper conductors at terminations. Cold flow is a related term that also refers to the permanent deformation of a material when subjected to a force; however, cold flow is the result of a momentary force and does not vary over time. Cold flow is a necessary property of metals that allows a good connection to be made between separate components during the connection process. Corrosion is often cited as a contributing cause of failure at aluminum connections. In 1980, the National Bureau of Standards performed a study to determine what caused the high resistance at aluminum/steel connections in receptacles.3 The study revealed that the formation of intermetallic compounds (alloys of aluminum and steel) caused the high resistance terminations, not corrosion or aluminum oxide. The thin, protective layer of oxide on aluminum conductors contributes to the excellent corrosion resistance of aluminum. When terminations are made correctly, the oxide layer is broken during the termination process allowing the necessary contact to be made between conducting surfaces. Aluminum Wire in the NEC The National Electrical Code has permitted the use of aluminum wire since 1901, a mere four years after the first recognized national electrical code was published in 1897.4 This is remarkable considering that aluminum had only been commercially feasible in large quantities since 1889 with the combined improvements in refining alumina from bauxite (the Bayer process in 1889) and producing molten aluminum from alumina (Hall-Heroult process in 1886).5 By comparison, many sources indicate that copper has been used for thousands of years, and the modern electric system only began in the 1880s. The NEC has required aluminum alloy conductors for branch-circuit wiring (12-8 AWG) since 1981, The Code never explicitly prohibited aluminum building wire; however, there was a period in the early 1970s when UL withdrew the listing for aluminum building wire and revised the listing to require aluminum alloy conductors. During this process, there was no listed aluminum building wire available except remaining stock. Today's "new technology" aluminum building wire is made of AA- 8000 series aluminum alloy. These alloys were developed in the late 1960s and were listed and manufactured beginning in 1972. At about the same time, CO/ALR devices http://www.iaei.org/subscriber/magazine/06_a/hunter.html 9/15/2006 January-1 er ruary 2000: Aluminum Building Wire Installation and'Terminations Page 3 of 7 • were required for aluminum wire branch circuits and listed by UL. These devices were developed to be used reliably with 10 and 12 AWG conductors and must have brass • screws. AA-8000 series aluminum conductors were first specifically required by the NEC in 1987. The language has remained virtually unchanged since then, and can be found in the 2005 NEC Section 310.14. AA-8000 series aluminum alloy conductors have physical properties that are significantly different from the previously used AA-1350 aluminum conductors. To identify these conductors in the field, look for the designation "AA-8XXX" in the legend on the conductor or cable assembly; these are the only type of aluminum building wire conductors that are UL listed. AA-8000 series aluminum alloy building wires are manufactured according to ASTM B- 800. In the U.S., they are generally compact stranded according to ASTM B-801. Compact stranding reduces the diameter of the conductor by 9-10%. Compact stranding allows conductors to be installed in smaller conduit than their compressed stranded equivalents. Equal ampacity AA-8000 aluminum and copper conductors can usually be installed in the same size conduit. Annex C in the 2005 NEC has a separate set of tables for determining conduit fill when using compact stranded conductors. These tables apply equally to compact stranded aluminum or copper conductors. Each table for compact stranded conductors is designated by an "(A)" following the table number [i.e., Table C.1(A)]. Table 5A is a separate table of conductor properties for compact aluminum conductors and is located in chapter 9 of the NEC. Although many changes were made in the aluminum conductors used for building wire, industry changes in connectors are equally significant. In 1978, UL issued a standard for connectors for aluminum building wire. This standard, UL 486B, contained much more rigorous testing methods than had previously been required. Today, UL 486B has been combined with UL 486A and the combined standard contains requirements for both copper and aluminum wire connectors. Industry Standard Installations Beginning in 2005, the NEC has started referencing through fine print notes the National Electrical Installation Standards (NEIS), a new series of standards published by the National Electrical Contractors Association (NECA). One of these standards is NECA/AA 104-2000, titled "Recommended Practice for Installing Aluminum Building Wire and Cable." According to the foreword of NECA/AA 104-2000, the standards "define a minimum baseline of quality and workmanship for installing electrical products and systems."6 This standard was jointly developed with the Aluminum Association. NECA is currently in the process of developing an equivalent standard for installing copper building wire. Installing aluminum building wire requires the same process as installing copper building wire. The insulation should be stripped from individual conductors using tools manufactured for the conductor type and insulation type, or by standard methods such as penciling or whittling the insulation from the conductor. Never "ring cut" the insulation since you risk nicking the conductors inside. One common perception regarding aluminum building wire is that it is more susceptible to breaking when nicked than copper building wire. This opinion is based on experiences from "old technology" aluminum wire that was made of AA-1350 or EC grade aluminum prior to 1972. The EC grade wire then available was 99.5% pure aluminum, hard-temper and was more notch sensitive than copper building wire. This is no longer true since AA- 8000 aluminum alloy building wire is a fully annealed aluminum alloy conductor that is very strong and flexible. Where terminating with a compression connector, the bare conductor should then be inserted into the connector barrel and crimped with the tool recommended by the connector manufacturer. Compression connectors are generally marked with the required die size. After the crimping process is complete, any excess oxide inhibitor should be removed from the conductor. If terminating a conductor with a set-screw connector, the bare conductor should be wire brushed and an oxide inhibitor applied to the bare conductor. The screw should then be tightened using a torque wrench or torque screwdriver. Using these tools will insure that the connection is tightened to the torque value recommended by the connector manufacturer. Over tightening the screw can be as detrimental to the long- term performance of the connection as a loose connection. Many electricians believe http://www.iaei.org/subscriber/magazine/06_a/hunter.html 9/15/2006 • January-rebruary 2UUb: Aluminum Building Wire Installation and Terminations Page 4 of / that "the tighter the better." Unfortunately, over tightening can lead to damaged conductors and connection points. Proper tightening (torqueing) is essential to achieve a reliable connection. Once the proper torque is achieved, there is no need to go back and re-tighten the lug after a period of time with AA-8000 series aluminum alloy conductors. However, all electrical connections should be periodically inspected in accordance with NFPA 70B.7 Oxide Inhibitor Oxide inhibitor use is considered good workmanship for all 600-volt terminations, whether wired with copper or aluminum conductors. The oxide inhibitor provides a barrier at the connection point that excludes moisture and other potentially damaging environmental substances. Oxide inhibitor must be compatible with the conductor type. Different manufacturers make compounds that can be used with copper only, aluminum only, or both copper and aluminum. Be sure to choose the compound listed for the application. Compression connectors often come pre-filled with the appropriate oxide inhibitor. When connectors are tested for compliance with UL 486B, the conductor is prohibited to be wire brushed or abraded, and oxide inhibitor may only be used if the connector is pre-filled with the antioxidant. Therefore, mechanical set- screw terminations are tested without wire brushing and oxide inhibitor. According to the UL Guidelnfo (UL White Book) for wire connectors (ZMVV), oxide inhibitor for aluminum or copper wire may be used if the connector manufacturer recommends its use on the connector documentation. Oxide inhibitor is of the most value when making connections between uncoated copper and aluminum. This type of connection is subject to galvanic corrosion when in the presence of an electrolyte. Since most lugs today are made of tin-plated aluminum, galvanic corrosion is limited except in the case of severe electrolytic environment or significant damage to the connector plating. Wire Brushing For 600 V wire, you should wire brush the exposed conductor before applying the oxide inhibitor and terminating the conductor. This step will remove any excessive oxide from copper or aluminum wire and remove any pieces of insulation or other contaminants that might interfere with your connection. The thin layer of oxide that is naturally on copper or aluminum conductors will be broken by the physical act of tightening the setscrew connection or crimping the compression connection. According to the UL listing for wire connectors (ZMVV), wire brushing aluminum or copper conductors may be performed if the connector manufacturer recommends its use on the connector documentation. Mechanical vs. Compression Mechanical set-screw lugs are reliable when used with AA-8000 or copper conductors. Most commercially available lugs provided with equipment are made of an AA-6000 series aluminum alloy body plated with tin. UL 486B allows aluminum connectors to be manufactured without this plating, but only for connectors rated for aluminum conductors only. Since the standard lug is dual-rated, it is plated with tin to prevent galvanic corrosion between the copper conductor and the aluminum connector. Compression connectors are available for aluminum only, copper only, or dual-rated for copper and aluminum. Examples of typical connector markings are included in photo 4. Some compression connectors are pre-filled with anti-oxidant and some are not. When deciding whether to specify or install compression or set-screw connectors, the application is the most important factor. Based on both field installations and laboratory testing, set-screw connections are equally reliable on both copper and aluminum conductors.8 Belleville Washers NECA/AA 104-2000 (p. 10) recommends the use of a Belleville washer when connecting aluminum conductors to existing copper bus bar or studs. NFPA 70B indicates in 24.4.2.1 that if a Belleville spring washer has been flattened it should be loosened and re-tightened to manufacturer's specifications. A flattened Belleville washer indicates over tightening, or possible overheating and loss of temper. If discoloration is present, the washer has most likely been overheated and should be replaced. http://www.iaei.org/subscriber/magazine/06_a/hunter.html 9/15/2006 • January-I'ebruary 2006: Aluminum Building Wire Installation and Terminations Page 5 of 7 Pin Connectors The use of pin connectors (adapters) is widely considered to be an acceptable requirement when specifying or installing aluminum conductors. The use of pin connectors allows aluminum conductors to be used when the provided conductor is not rated for use with aluminum. For instance, a pin connector with aluminum conductors could be used if existing equipment terminations are only rated for use with copper conductors, or the existing terminations are not sized properly for the required aluminum conductor size (i.e., a lug with a maximum size 500-kcmil provided for use with a 750-kcmil conductor). In these situations, a pin connector can be used to transition from the aluminum conductor to the incompatible termination. Caution must be used when installing pin connectors (also known as wire adapters). The UL Guide Information for Wire Connector Adapters (ZMOW) states that"Adapters to be assembled to wire using a special tool are intended to be assembled using the tool specified by the manufacturer in the instructions which are provided in the unit container in which the adapters are packaged. Such tools are identified by appropriate marking."When inspecting the installation of pin connectors, it should be verified that the proper tool and method of installation were used. The connector is generally marked with a die requirement, and use of the proper tool can be verified by inspecting the crimp(s). If the connector was installed with a dieless crimper, the inspector should ask for documentation from the connector manufacturer showing that the crimper used was recommended by the connector manufacturer. Installations with incorrectly installed pin connectors may lead to overheating connections and a hazardous condition. Possible results of using the wrong tool can include connections that are under- or over-crimped. Either condition can lead to overheating and failed connections. Pin connectors are not required for connecting AA-8000 aluminum alloy conductors to properly sized dual-rated mechanical set-screw connectors listed under UL 4866. The industry standard for lugs in equipment is to use a dual-rated aluminum body lug. These lugs are generally manufactured using AA-6000 series aluminum alloy and are tin plated. Laboratory and field installations have proven that AA-8000 conductors are as reliable as copper building wire when properly installed on set-screw lugs.9 As a corollary to this statement, improper installations of both copper and aluminum wire are susceptible to failure. The most common point of failure in electrical circuits is at the termination. Using unnecessary pin connectors increases the number of connections and can significantly increase the risk of failure in the circuit. Additionally, since pin connectors generally require special and/or proprietary tools and a particular method and number of crimps, the opportunity for incorrect connections is much greater than with normal set-screw lugs. The specification and installation of pin connectors should be avoided unless absolutely necessary. Flexibility Because of the alloying and annealing processes, AA-8000 conductors are more flexible than equivalent ampacity copper conductors.10 The NEC has begun to recognize this difference in physical properties with the revision of Table 312.6(B), which requires the same bending space at terminals for equal ampacity copper and AA-8000 conductors. For instance, 500-kcmil copper would require the same bending space as 750-kcmil AA-8000 aluminum. Pulling Tension AA-8000 series aluminum alloy building wires have a higher strength to weight ratio than copper building wires. Since copper must be approximately twice as heavy to achieve the same conductivity, AA-8000 has inherent advantage in vertical applications and when pulled through conduit. When installing AA-8000 conductors in vertical conduit runs, Table 300.19(A) in the NEC lists the distances allowed before strain relief is required for the conductors. When pulling conductors through conduit, pull tension calculations should always be made before the pull. There are many software programs and examples available explaining how to calculate pull tension. One factor that changes for different conductors in the calculations is the maximum allowable pulling stress; for AA-8000 series conductors, it is 0.006 lbs/cmil. For copper, the value is 0.008 lbs/cmil. When pulling, use a listed wire pulling compound that is rated for the insulation on the conductor. http://www.iaei.org/subscriber/magazine/06_a/hunter.html 9/15/2006 January-r euruary 2UU6: Aluminum Building Wire Installation and l erminations Page 6 of Conclusion As with most products used in the electrical industry, there is a variety of information available on the installation and use of aluminum building wire. Much of the information is unsupported and simply incorrect. Unreferenced articles, anecdotal examples and dire warnings should be carefully evaluated to determine if there is evidence to support the claims made. Aluminum building wire today is at least as safe and reliable as copper building wire. Listed connectors are evaluated and manufactured specifically for aluminum connections. AA-8000 conductors now have over 30 years of field installation examples proving their reliability and have been recognized in the NEC for nearly 20 years. AA-8000 series aluminum alloy conductors provide a safe and reliable method of designing and installing electrical systems. They are available as single conductors, in cable assemblies such as MC cable and SE cable, and a variety of other configurations to meet the needs of different installations. For Additional Information If you have questions about the information in this article, please feel free to contact the author at(702) 341-5856 or by email at Christel.Hunter@Alcan.com. References 1 "Glowing Electrical Connections." Electrical Construction and Maintenance (February 1978): 57-60. 2 Wilson, J. Tuzo. "The Report of the Commission of Inquiry on Aluminum Building Wiring, Part 2."Queen's Printer for Ontario (1979): 106-107. 3 Newbury, D. and Greenwald S. "Observations on the Mechanisms of High Resistance Junction Formation in Aluminum Wire Connections." Journal of Research of the National Bureau of Standards (1980): 429-440. 4 Daniels, G. "The Controversy Over Aluminum Wiring." Popular Science (May 1976): 58. 5 International Aluminium Institute website. (2000) Retrieved October 3, 2005 from http://www.world-aluminum.org/history/index.html. 6 NECA/AA 104. "Installing Aluminum Building Wire and Cable." National Electrical Contractors Association (2000): 1-26. 7 NFPA 70B."Recommended Practice for Electrical Equipment Maintenance." (2002). 8 Ganatra, R. and McKoon, T. "Reliability of connections: a comparison of aluminum alloy stranded conductors and electrically equivalent copper conductors." Wire Journal International (1998). 9 Ibid. 10 Beckman, M. and Ganatra, R. "Flexibility and Springback Characteristics of 600 Bolt Insulated Conductors."IAEI News (July/August 1997). Christel Hunter, senior field applications engineer, Alcan Cable, holds bachelor of science degrees in engineering physics and electrical engineering. Chris is a board member for the Southern Nevada Chapter of the IAEI and a member of IEEE. She has worked in the electrical industry for eleven years including positions with the utility, regulatory and manufacturing sectors of the industry. Chris is currently working with Akan Cable as a senior field applications engineer. Home I Join Advertising I Seminars I Contact Us I Privacy Statement l LeyalNotices http://www.iaei.org/subscriber/magazine/06_a/hunter.html 9/15/2006 • January-February 2006: Aluminum Building Wire Installation and Terminations Page 7 of 7 Copyright© 2006 IAEI. All Rights Reserved. http://www.iaei.org/subscriber/magazine/06_a/hunter.html 9/15/2006