Ordinance 2001-16
CITY OF WYLIE, TEXAS
ORDINANCE NO. tlaJl-1 b
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A SINKING FUND
FOR THE FUNDING OF THOSE CERTAIN AGREEMENTS BY AND BETWEEN THE
CITY, COLLIN COUNTY, AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY;
PROVIDING FOR THE LEVYING AND COLLECTION OF A SUFFICIENT TAX TO PAY
THE INTEREST ON SUCH OBLIGATION; PLEDGING SUCH FOR THE PAYMENT OF
SAID AMOUNT; CONTAINING OTHER INCIDENTAL AND RELATED MATTERS;
PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL CONFLICTING
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is the owner of that certain tract of real property described on Exhibit
"A" attached hereto and incorporated herein by reference (the "Property"); and
WHEREAS, The City, the Kansas City Southern Railway Company ("KCS") and Collin
County, Texas, a corporate political body ofthe State of Texas, have executed that certain tri-party
agreement dated as of January 26, 1999 (the "Original Agreement"); and
WHEREAS, the City and KCS have executed three (3) agreements, pursuant to and/or
supplementing the Original Agreement, including (a) a temporary construction easement agreement,
recorded in Volume _, Page _ of the Real Property Records of Collin County, Texas (the
"Temporary Easement"), pursuant to which KCS constructed a new track connection, in part upon
the Property, (b) an agreement dated February 2000, and ( c) a letter agreement dated March 29, 2000
(the "Supplemental Agreements"); and
WHEREAS, the City placed the Property into the voluntary cleanup program of the Texas
Natural Resources Conservation Commission and has performed certain ofits obligations pursuant
to said Original Agreement and Supplemental Agreements; however, the City has not received and
provided KCS with a copy of either a Final Certificate of Completion pursuant to the Voluntary
Cleanup Program or such other documentation indicating that no further action is required or
anticipated, pursuant to applicable state environmental laws and regulations, with respect to the solid
waste landfill (the "Final Certificate"); and
WHEREAS, the City and KCS desire to proceed with the closing under the Original
Agreement, without either party waiving any of its rights, or any of either party's obligations, under
either the Original Agreement or any of the Supplemental Agreements, and such parties desire to
take whatever actions are reasonable and appropriate to assure that the obligations of each of the
parties are valid and lawfully enforceable; and
WHEREAS, although the parties did not intend or foresee that the terms ofthe Supplemental
Agreements could or would extend beyond the City's then current fiscal year, due to unforseen
circumstances the terms ofthe Supplemental Agreements did so and could potentially extend beyond
such closing and beyond the present (2001-2002) fiscal year; and
WHEREAS, pursuant to the provisions contained in Article 11, Sections 5 and 7 ofthe Texas
Constitution, the City may not enter into unfunded debt, i.e., debt beyond the current fiscal year, for
any purpose without creating a sinking fund of at least two percent (2%) ofthe amount of such debt
for the payment of said debt;
WHEREAS, at the time long-term debt is created, the City must provide for the assessment
and collection on an annual basis of a sufficient sum of money for payments accruing during any
subsequent budget year.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, THAT:
SECTION 1
All the above premises are hereby found to be true and correct and are hereby approved and
incorporated into the body ofthis ordinance as if copies in their entirety.
SECTION 2
The City does hereby reaffirm its obligations under the Original Agreement and
Supplemental Agreements. From and after the effective date of this Ordinance, the City's Chief
Financial Officer is hereby directed to create and maintain a Sinking Fund for the payment of the
debt created by such Original and Supplemental Agreements. The Sinking Fund shall consist of two
percent (2%) of Two Hundred Fifty Thousand and No/IOO Dollars ($250,000.00). The Sinking Fund
shall terminate upon completion ofthe City's obligations to obtain the Final Certificate and to pay
the costs of defense ofKCS against claims, if any, as provided in paragraph 1.4 of the Supplemental
Agreement dated February 2000, and which provides for the Final Certificate (the "Termination
Date").
SECTION 3
The proceeds placed into the Sinking Fund, for the current fiscal year (2001-2002) and the
succeeding fiscal years shall be from the City's ad valorem tax and there shall be annually assessed
and collected in due time, form and manner, a direct and continuing ad valorem tax on all taxable
property within the corporate limits of the City at a rate from year to year, within the limitations
prescribed by law, on each one hundred dollars' valuation oftaxable property as will be sufficient
to provide funds to satisfy any obligations under the Original and Supplemental Agreements during
any budget year until the Termination Date.
SECTION 4
The City's Chief Financial Officer shall keep and maintain all records relating to the Sinking
Fund and all such other elated documentation and accounts.
SECTION 5
All ordinances, orders or resolutions heretofore passed and adopted by the City Council of
the City of Wylie, Texas, are hereby repealed to the extent that said ordinances, orders or resolutions,
or parts thereof, are in conflict herewith.
SECTION 6
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance is held
invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the
validity ofthe remaining portions ofthis Ordinance; and the City Council hereby declares it would
have passed such remaining portions ofthis Ordinance despite such invalidity, and further declares
that such remaining portions shall remain in full force and effect.
SECTION 7
This Ordinance shall take effect and be in full force from and after its passage, as provided
by the Revised Civil Statutes ofthe State of Texas and the Home Rule Charter of the City of Wylie,
Texas.
PASSED, APPROVED AND ADOPTED THIS 24th DAY OFApril, 2001.
Jo
ATTEST:
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'- APPROVED AS TO FORM:
Richard M. Abernathy, City Attorney
City of Wylie . 'RaDtoad EMement
BeIng a tract Dr parcel of lend sihJated In the S.B. ShGIby S\I'VeY. Abstract No. 820
Collin County. Texas. and being. part of a hot conveyed to the City of WyUe. a ·
municipal COfPOI'StiDn. by deed. rec;crded in Volume 279. p.~ 511, Deeds Reccrds,
COfUn COunty, Texas. and is more particularly ~ibed as follows:
COMMENCING at an Iron pin found for eomer in the SDU\h rlght-of-way line of the okI
St. Louis Southwestern RaIlroad property (100' ROW) and alao being 1he Northwest
comer of Lot 17 of the WyUe Industrial Park Addition, and eddl1Jon to 1he City ofWylle
as recorded in Votume 1985, Page 9ge of the Map Reeord. ofCoI1ln County, Texas;
THENCE, South 08 deg 13 min 90 see West, wtth the Wnt line of said WylIe II'D19triaI
Park Addition. a distance of 81.13 feet to "'e PlACE OF BEOINNtNG of the traot herein
deSC:ribed; .
THENCE, South 08 deg 13 min 00 $eo West, with the saki West line, e distance of
51.03 feet to a point for corner, said point be;ng on a curve to the left, the radius of
WhIch Is 658.69 feet:
THENCE, In a southwesterly diredion along tlle arc of said curve, having a chord
distance of 409.31 teet whId1 bears SOuth 20 deg 38 mIn 56 see West. 15.00 feet from
and concentric to the centerline of a proposed railroad relocation, an arc distance of
419.07 feel to a point of tangenc.y;
THENCE. South 00 deg 50 min 22 see East. along tM east line of the tract herein
desaibed, 15.00 feet from and parallel to the ~nterir.e of a pt'oposed rallroad
relo~on. a distance of 371.30 feet to a point for <:orner in the NorttI right-of-way I1ne of
F.M..544 (120' ROm. said point bears South 89 deg 37 nUn 38 see west. 30.01 feet
from the Southeast ecmer of ~ City of ~i8 property;
THENCE, South 89 deg 37 min 38 see West. along the North right-of-way line of F.M.
544, a dIStance of 30.00 feet to a pont for comer on the West fine of the tract herein
described;
rHENCE. North 00 deg 50 rnin 22 lee Wast. along the W9st Hne of the tract herein
described. 15.00 feet from and paralfel to the c:enterllne of a propoeed railroad
reIo~tIon. a cfisbrlc:e d 371.06 feet to a point of tangency and the begh ring ot a curve
to b right. the radus of which is sas.69 feet;
ntENCE. In a Ncrthaaster1y dir8dion along the arc pf safd ~ havtng a chOrd
distance of 470.43 feet whIc'Jh bears North 22 deg 42 mfn41 see East. 15.00 feet from
and COIlC8I'dric to the centerline of a p~ railroad reIoca1Ion, an arc dlstanee of
483.~ feet to the PLACE OF BEGINNING and containing 24.690.61 square feet Of
O.5ee8 acJ'e$ of JaneL .
EXHIBIT "e"
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
CERTIFIED RESOLUTION
I, Jay M. Nadlman, do hereby certify that I am "the duly appointed and qualified
Corporate Secretary of The Kansas City Southern Railway Company, a Missouri
corporation, and that as such, I am the keeper of its corporate records and seal; and
I further certify that by unanimous consent of the Board of Directors of the
Kansas City Southern Railway Company on April 27, 2001, the following resolution
was duly adopted and is currently in full force and effect:
WHEREAS, the Company, the City of Wylie, Texas (the "City")
and Collin County, Texas (the "County") entered into a tri-party
agreement, dated January 26, 1999, (the "Original Agreement") setting
forth the terms and conditions whereby those parties would cooperate in the
relocation of the Company's main line of railroad in City from the right of
way of Highway 78 and the Company thereupon would convey its right of
way within the Highway 78 right of way to the County;
WHEREAS, in furtherance of the parties' rights and obligations
under and supplemental to the Original Agreement, the Company and the
City entered into three (3) additional agreement consisting of (a) a
temporary construction easement agreement (the "Temporary Easement"),
(b) an agreement dated February, 2000, and ( c) a letter agreement dated
March 29, 2000 (collectively, the "Supplemental Agreements"); and
WHEREAS, on April 24, 2001, the City's Council adopted
Ordinance No. 2001~16 wherein, in part, the City reaffIrmed its obligations
under the Original Agreement and Supplemental Agreements;
RESOLVED, that the Company shall and hereby does reaffirm its
obligations under the aforesaid Original Agreement and Supplemental
Agreements.
Signed and sealed at Kansas City, Missouri, this 27th day of April, 2001.
(Corporate Seal)
, '" N, 1J1111nll.l 51.
P.o, nllx 369
Wylit', TeJtn~ 75U98
STATE OIi' TEXAS
COUNTY OF COLLIN
THE WYLIE NEWS
CoverIng Wyllc, SaellSC, 81urpllY Inti tllC surroundIng IItel!
~.
(912) 442-55' 5
rn~ (972) 442-43' 8
Defol'e me, the undersigned authul'lty* UIl this day personally appeared Cilad Ettgbrock* of TilE WYLIE
NEWS, a newspaper regularly vubUshed Jri:Collln County* texas and having general circulation in Coffin
CountJ', Texas, who being by me duly slVOrn deposed and says that the toregolng aUached
32 L Legal - Ord. 2001-16
"'ns published In snld newspaper 011 tht! tollowJng dates* to-wit!
May 9
. 20(H'; and
r:f!::-
f 2001
Subscribed alld swotn to befote tile tbJs the .. 2nd
to cerUry ,,,hleh wttllt!SS my hand .md seal of office.
day of June
; 2001
Notary PttbUe h. aud fot
The State ut Thxlls
My Conmdssloll jj;xpltes '3/3/6*
ORDINANCE NO. 1
2001-16
AN ORDiNANCE Of
THE CITY Of WYLIE.
TEXAS. ESTABliSH-
ING A SINKING FUND
FOR THE FUNDING Of
THOSE CERTAIN
AGREEMENTS BY AND
BETWEEN THE CITY
COLLIN COUNTY /'\ND
THE KANSAS CiTY
SOUTHERN RAILWAY
COMPANY; PROVIDING
FOR THE LEVYING
AND COLLECTION Of
A SUFFICIENT TAX TO
PAY THE INTEREST ON
SUCH OBLIGATiON;
PLEDGING SUCH FOR
THE PAYMEl'-iT OF
Sf\LD Al'I/I0UNT; CON-
DENTAL f\i'l U l<.t.Li\l-
'.' "r,,"cR~ ?ROVlD-
ED lvLi" I L:- '0,.. ,
[NG ,0-. SLVERABIUT (,
CLAUSE; REPE/~:lW~
- CONFUC lINe)
,t..LL \ND
ORDINANCES; / 1
IPROVlD1NG AN EFFEC-
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