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10-14-1986 (City Council) Agenda Packet AGENDA SUMMARY
CITY COUNCIL
TUESDAY, OCTOBER 14, 1986
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections.
ITEM NO. 2 - APPROVE ORDINANCE AMENDING FIRE CODE - The City
has been experiencing an unusual number of fires that are
believed by the fire marshal to be arson. It is his feeling
that now might be the time to adopt an ordinance providing
for a reward for information leading to the apprehension of
arsonists. The ordinance found in your packet on pages 13-
15 was adopted from one from the City of Plano. Lester
Gayler, our Fire Marshal does not recommend the same money
amount that is offered by Plano but would like for you to
consider perhaps a graduated amount. Mr. Gayler will be
present to answer your questions at the meeting.
ITEM NO. 3 - APPROVE ORDINANCE ESTABLISHING SET FEES FOR
OPERATING A TAXICAB IN THE CITY OF WYLIE - The City adopted
an ordinance (85-51B) regulating the operation of "vehicles
for hire" , a copy of which is included in your packet.
Recently the Code Enforcement Dept. has had some preliminary
inquiries about permits etc. for operating a taxicab in
Wylie. Therefore, it was determined that now would be the
time to set the specific fees and amend the fee ordinance
before the actual request for permits is made.
ITEM NO. 4 - APPROVE RESOLUTION SUPPORTING LOCAL OPTION
ADDITIONS TO CHAPTER 152, MOTOR VEHICLE TAXATION LAWS
Included in your packet is a copy of a letter from the City
of White Settlement asking for your support of local option
additions to Chapter 152 , Motor Vehicle Taxation Laws .
Basically this resolution calls for a small percentage of
the Motor Vehicle Sales and Use Tax be credited to the City
Allocations Division of the State Comptroller of Public
Accounts for monthly distribution to the originating city.
The staff has prepared a resolution adopted from the one
from White Settlement to be forwarded to the Chairman of the
Resolution Committee of the Texas Municipal League to be
presented to the Texas Legislature. If you approve this
resolution, the staff will forward this document as
requested.
ITEM NO. 5 - APPROVE POLLUTION CONTROL ORDINANCE - Included
in your packet is a copy of the Water and Wastewater
Pollution Control and Abateman Ordinance drawn up by TALEM,
Inc. You will recall this "better and more easily enforced"
ordinance was one of our first requests of TALEM. The
passage of this ordinance is necessary in order to begin to
control the discharges from within our City that are having
a negative effect on the sewage treatment plant. Also, the
Texas Water Commission and State law both require and desire
that we have such an ordinance and begin to enforce it,
passage of this ordinance will repeal the previous ordinance
with a stronger ordinance.
ITEM NO. 6 - APPROVE FINANCE CONTRACT ORDINANCE FOR PURCHASE
OF AMBULANCE SERVICE AND THE FIRE DEPARTMENT SUBURBAN - This
document was prepared by Fulbright & Jaworski for your
review and approval in order to finalize the contract for
acquisition of the ambulance service and equipment, a new
ambulance and the new Chevrolet Suburban for the Fire
Department. Upon approval of this contract/ordinance, the
City will receive the funds and make the final transfer of
the Ambulance service from the Allen' s and proceed with the
bidding process for the new vehicles.
ITEM NO. 7 - APPROVE RESOLUTION RELATIVE TO SCHOOL ZONES ON
W. BROWN ST. AND E. STONE ROAD - Included in your packet is
1
a memo from I . W. Santry, the City Engineer who has been
working with the State Department of Highways and Public
Transportation in designating the posted school zones
referenced above. Mr. Santry' s recommendations based upon
his negotiations with the SDH is found on pages 75-77 .
ITEM NO. 8 - CITIZEN PARTICIPATION - Not an approprite area
for staff comment.
ITEM NO. 9 - AUTHORIZATION TO GO OUT FOR BIDS FOR POLICE
PATROL CARS - These items are budgeted but your approval
for the expenditure is required to initiate the bidding
process. The City has been contacted by at least two
dealers who have on hand new, police package vehicles which
are the last model year but are new vehicles which can be
bid at a lower cost and can be delivered in a matter of a
few days after the award is made, assuming the cars are
still available.
ITEM NO. 10 - AWARD BID FOR FIRMEN'S PROTECTIVE CLOTHING
This item was spec' d out as a particular brand name and
therefore only one bid was received . A copy of that bid is
included in your packet.
ITEM NO. 11 - AWARD BID FOR PAVING AT S. WYLIE FIRE STATION
Included in your packet are copies of the bids received
along with a memo summarizing the bids and a recommendation
by the City Engineer. The Engineering staff is recommending
that no award be made at this time. Mr. Santry will be
present at the meeting to answer your questions. His
concern is that none of the bidders included any provision
for doing work to the base or subgrade. The only
alternative that leaves is to accept an inferior product or
reject the bids. Because it is his opinion that the concrete
will not hold up if it is placed over our elastic soil
without any base preparation. I agree with Mr. Santry.
There is however, an alternative. We can accept the bid and
prepare the base ourselves using the Bomag. We estimate the
cost of this to be approximately $1000 for the materials .
The job is simple and straightforward enough that we can
take our equipment and do what is necessary in just a couple
of days. If that meets with the Council ' s approval , you may
so instruct the staff and award the bid under those
conditions. We will inform the contractor that he may not
begin until we have prepared the base.
ITEM NO. 12 - AWARD BID FOR PIPING/PUMPING EQUIPMENT ETC.
FOR NORTEX SITE - The City Engineer has provided a copy of
the bid which is recommended with his notations for your
review. Mr . Santry will be present to answer your questions
in detail . The source of funds for this award is the water
and sewer impact fee fund.
ITEM NO. 13 - APPROVE REIMBURSEMENT OF OVERSIZING COSTS IN
WESTGATE PHASE I - Included in your packet is a
recommendation from the engineering staff to reimburse the
developers of Westgate Addition Phase I for costs of
oversizing requested by the City of a 12 inch waterline.
The charges have been reviewed and the amount recommended by
the staff is found in your packet on page 95 .
ITEM NO. 14 - ACCEPTANCE OF DEDICATION OF DOWNTOWN STREET
LAMPS - When the ornamental street lights were installed in
the downtown area it was agreed that the City would accept
the dedication and be responsible for the maintenance and
operation of the lights. We have been performing this
function in actuality; however , the formal dedication has
not been made and accepted .
ITEM NOS. 15 & 16 - TAX ROLL MATTERS - The City has
historically determined not to send tax statements for
amounts less than $5 .00 . The cost of postage, handling,
2
etc. is generally considered to be more than the actual
revenue gained. In item no. 16 , each year there are
property owners outside the City limits who are
inadvertently included in the City' s tax rolls. The City
Secretary just needs your authorization to delete these
names from the rolls.
ITEM NO. 17 - TRAFFIC CONTROL FOR ALLEY BETWEEN WOODHOLLOW
CT.AND BUTLER CIRCLE - When these questionaires were sent to
the adjacent property owners, the City was thinking in terms
of speed limits, speed bumps, perhaps a one way designation,
etc. What we received in answer was that the majority
wanted this alley barricaded at one end to eliminate through
traffic. We have written a letter to the City attorney
asking if that is legally an option. It is the impression
from staff members that we can legally barricade this
dedicated alley, however, the Attorney has advised us that
there are certain steps and procedures that must be
followed. If it is your decision to solve the problem in
that manner, then the staff will proceed with whatever steps
are necessary. We have included copies of the responses we
received for your review and to aid in the discussion.
ITEM NO. 18 - CONSIDER SETTING DATE FOR JOINT WORKSHOP WITH
ST. PAUL RELATIVE TO WASTWATER TREATMENT AGREEMENT - For
some time there have been discussions between the cities of
Wylie and St. Paul for a wastewater treatment agreement.
This week we received a proposed agreement from Lee
Lawrence, City Manager of St. Paul . He and I had previously
discussed a possible workshop between the two Councils to
work out an agreement.
ITEM NO. 19 - COUNCIL DISCUSSION - Not an appropriate area
for staff comment.
3
CITY COUNCIL MEETING
MINUTES
SEPTEMBER 23, 1986
7:00 P. M.
The Wylie City Council met in regular session on Tuesday,
September 23, 1986 at 7: 00 P. M. in the Wylie Community
Room. A quorum was present and notice of the meeting had
been posted for the time and in the manner required by law.
Those present were Mayor Pro Tem Joe Fulgham, Councilmembers
Calvin Westerhof , Chuck Trimble, and Sandra Donovan, City
Manager Gus Pappas, City Secretary Carolyn Jones, Finance
Director James Johnson, Larry Allen, Patty Griffiths of
Wylie News.
Mayor Pro Tem Fulgham called the meeting to order and
Councilman Westerhof gave the invocation.
APPROVAL OF MINUTES: There being no corrections or addition
to the minutes a motion was made by Councilman Westerhof to
approve minutes of September 9th and 16th as submitted.
Seconded by Councilman Trimble. The vote was as follows:
Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in
favor, Councilman Westerhof - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
PUBLIC HEARING ON THE DEVELOPMENTAL PLAN FOR WYNDHAM
ESTATES, PHASE II FOR PLANNED DEVELOPMENT: The
developmental plans for Wyndham Estates, Phase II is
petitioning for the 2F (duplex) portion to be rezoned to
Planned Development with zero lot line single family homes.
Mayor Pro Tem Fulgham opened the public hearing. City
Manager Gus Pappas stated that there was little or no market
for duplexes. The Planning and Zoning recommend this for
approval with the following stipulations:
1 . The builder would meet a 10 Ft. minimum requirement
between housing units.
2. Minimum 1000 sq. ft. living area
•
3. Houses not attached, built with one wall on lot line
4. Builder required to fence each property with 6 ft.
wood fence prior to receiving a certificate of
occupancy.
5. Builder meets building codes for SF3 housing
6. No windows or doors on the zero lot line side
of the dwelling
7. Builder required to clearly display sign, at all
time, stating these are zero lot line houses.
8. Each house have rear entry, two car garage
9. Builder required to install guttering on the zero
lot line side of each house
10. Install two culverts along Brown Street
11 . Renumber the lots to remove the A & B
12. Grant some flexibility on front fencing requirements
The utilities and streets have already been put in this
development, the developer has no reason to present to
Council both the concept plan an a development plan..`. • This
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is the development plan and if passed tonight will give the
developer the approval to begin building.
Mr. Barron Cook stated the Planned Development was being
requested because there is no market for duplexes. Mr' Cook
also stated this section of Wyndham was hard to develop
because of the power line easement that goes through this
area and because of the high traffic on Brown Street.
Councilman Trimble asked about the high traffic on Brown
Street. Mr. Cook said it has a lot of traffic with high
speed.
There being no other questions or opposition, the public
hearing was closed'
APPROVAL OF ZONING ORDINANCE FOR PORTION OF WYNDHAM ESTATES
PHASE 11 FOR PLANNED DEVELOPMENT: The petition for zoning
has been requested for Planned Development instead of the
duplex zoning that was granted earlier. Motion was made by
Councilman Westerhof to approve the zoning for 5. 1 Acres out
of the Wyndham Estates from 2F to Planned Development with
the above stipulations. Seconded by Councilman Trimble.
The vote was as follows: Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor.
APPROVAL OF AMENDMENT TO ORDINANCE NO. 84-12 "FEE ORDINANCE"
FOR CONSTRUCTION METER CHARGES AND DEVELOPMENT WATER
CHARGES: City Manager Gus Pappas said the staff had
discovered several loop holes in our fee ordinance on water
charges. One being the developer does not pay for water
consumed during the time of construction period for his
development, and second the the builders are charged $15. 00
for water consumption during construction of homes and most
of the time this does not cover the water being consumed by
the builder. Home builders will be charged a deposit and
sent a water bill each month for their usage. The
Engineering staff will work with the developers in the water
consumption during construction and there is a formula to
apply for their charge. The staff has also included in this
amendment a replacement charge for meter boxes in the amount
of $15. 00 and a replacement charge for sewer clean out caps
of $5. 00.
Councilman Westerhof asked when this ordinance would be in
effect. City Manager Gus Pappas said staff recommends
November 1 , 1986 effective date and to add to section M that
the fees are due upon final acceptance of a development.
Councilman Trimble wanted to know if there was a way of
accounting for input and output on the water system. City
Manager Gus Pappas said not really, the dilemma is we buy
water from four (4) points, each point has a meter that we
could read, but at the same time we would have to read every
meter in town in order to check this. It is almost
impossible to read all the meters in the City in a timely
manner to be able to compare these meter readings. The only
non metered water usage is the water used during fires and
development construction.
Motion was made by Councilwoman Donovan to approve the
amendments to the "Fee Ordinance" as submitted and add the
effective date of November 1, 1986 and add to section M the
fees are due at the time of final acceptance. Seconded by
Councilman Trimble' The vote was as follows: Mayor Pro Tem
Fulgham - in favor, Councilman Trimble - in favor,
Councilman Westerhof - in favor, and Councilwoman Donovan -
in favor. This motion carried with all in favor.
�
APPROVAL OF AMENDMENT TO ORDINANCE NO. 78-17 THE "TRAFFIC
ORDINANCE" AMENDING ARTICLE 1V, SECTION 20 "TRUCK ROUTES":
City Manager Gus Pappas said the amendment to the Traffic
Ordinance is being presented to Council in response to a
complaint from a citizen where trucks were using the streets
with signs posted "no thru trucks" . The amendment to this
ordinance states it shall be unlawful for any truck with a
rating of over one ( 1 ) ton and/or any truck trailer or
tractor trailer unit to use, travel upon, or be driven over
any street, avenue, or highway within the City not
designated as a truck route.
Councilwoman Donovan wanted to know if we would change the
signs. City Manager Gus Pappas said the only thing staff is
recommending is to set the tonnage on trucks. Councilwoman
Donovan wanted to have signs posted to show number of axles
and tonnage such as the ones the City of Plano has posted.
City Manager Gus Pappas said this could be done, needed to
change the wording of the Ordinance stating axle and one ton
trucks. Mr. Pappas also stated that the one ton was a very
low rating. Mr. Larry Allen said that most delivery trucks
will run one and one-half to two tons with tandem axle.
Motion was made by Councilwoman Donovan to approve the
amendment stating it shall be unlawful for any truck with a
rating of over two (2) tons with tandem axle and/or any
truck trailer or tractor trailer unit to use, travel upon or
be driven over any street, avenue, or highway within the
City not designated as a truck route. Seconded by
Councilman Trimble. The vote was as follows: Mayor Pro Tem
Fulgham - in favor, Councilman Trimble - in favor,
Councilman Westerhof - in favor, and Councilwoman Donovan -
in favor. This motion carried with all in favor.
APPROVAL OF ORDINANCE ADOPTING THE PROPOSED BUDGET FOR
FISCAL YEAR 1986-87: The public hearing requirements have
been met and this is the final presentation to you for
adoption. This budget as presented does not reflect a tax
increase to the citizens.
Councilwoman Donovan said that in talking with Finance
Director James Johnson, on the ambulance purchase and
whether or not there is a need for a third ambulance and on
the need of the emergency unit for the Fire Department. Mr.
Johnson said the third ambulance will be the primary
ambulance. The reason is from looking at the Allens records
this is needed. The City will use the two existing
ambulances as back up and the new ambulance on daily calls.
There is no problem with going with lease purchase so long
as we have the new ambulance. Lease purchasing will
questions us on doing this with only used equipment.
Councilwoman Donovan asked Larry Allen how often both
ambulances were out. Larry Allen said not often.
Councilman Trimble asked Larry Allen about the need for the
third ambulance. Larry said not really, Plano only has
three ambulances.
Councilwoman Donovan said if we do not go lease purchase, we
need to fund additional $15,000. and no new ambulance in
order to purchase this service out right.
Councilman Westerhof said in considering the years of the
ambulances, you should go ahead and purchase this new
ambulance' The two used ones are almost at turn over.
Councilwoman Donovan said why not add to this lease purchase
the emergency unit for the Fire Department.
Mayor Pro Tem Fulgham said why not go ahead and by all the
Police cars, backhoes, tractors and other things we need.
Councilwoman Donovan said she was trying to use the budget
to the best we could. Mayor Pro Tem Fulgham said those
figures will only balance the budget.
City Manger Gus Pappas asked Larry Allen if he was going to
send the car out and not a fire truck for wrecks. Larry
Allen said yes, if the people were already out of the
wreckage. City Manager Gus Pappas said he had understood
this car was to be used for a command unit and not just
going out to wrecks. City Manager Gus Pappas then asked
Larry Allen if he had not said the wrecks are a threat to a
fire and you need a truck. Larry Allen said yes. City
Manager Gus Pappas said the policy he has tried to get
started was for the police to be called and they would radio
for fire equipment if it was needed. This policy was not
very popular with the Fire Department.
Councilwoman Donovan asked Larry Allen how many fire
extinguishers would the emergency unit carry. Larry Allen
said two cylinders and one dry powder. Councilwoman Donovan
asked Larry Allen if this would put out a car fire if
needed. Larry Allen said no.
Councilman Westerhof wanted to know when we would be able to
have the full time fire department. City Manager Gus Pappas
said that was hard to say, maybe as soon as next years
budget' Mid year of this coming budget it is planned to
hire a fire chief and one or two men.
City Manager Gus Pappas said the City has not gotten a good
key rate this year. The State dropped the key rate. The
future needs are water/sewer need more people and equipment,
need full time fire department, parks department is dragging
behind as well as the talk of having a full time activity
director for the parks with a full program for all ages'
Councilman Trimble said if the emergency unit will not
replace miles on the fire trucks, he does �ot believe it is
needed at this time. It would be nice to have later.
City Manager Gus Pappas said the Council will probably see
this in next years budget or maybe as soon as mid year.
City Manager Gus Pappas asked Larry Allen if the City of
Plano had an emergency unit like this. Larry Allen said not
any more they have gone to fully equipped trucks for fires
and emergencies. City Manager Gus Pappas said fire trucks
are good for 20 years and are built with all types of
cabinets for storing equipment for rescue and fire fighting.
Mayor Pro Tem Fulgham said every department got cut on this
budget and he is not for going back and adding to it.
Finance Director James Johnson said the financing people
said it would be close to 30 days before we would have the
money for purchasing the ambulance service and money for the
new ambulance.
Councilwoman Donovan wanted to know if we go ahead with the
emergency unit would it be better now. Mr. Johnson said
less money now, but more money at mid year.
Mayor Pro Tem Fulgham wanted to know if the ambulance could
carry any of this equipment. City Manager Gus Pappas said
no.
Councilman Westerhof asked Mr. Johnson if we would need
$4, 600. to add this emergency unit. Mr . Johnson said yes,
we would have to move $4, 600. into this emergency unit item.
Councilwoman Donovan said she had looked at the budget and
there was several places to get this money from. They could
take it from the Council reserve or she had a list of other
areas.
Motion was made by Councilwoman Donovan to transfer $4, 600'
from Council Reserve and add it to the emergency unit and
approve the budget. Seconded by Councilman Trimble. The
vote was as follows: Mayor Pro Tem Fulgham - in favor, but
only because of the need to go ahead and adopt the budget
now, Councilman Trimble - in favor, Councilman Westerhof -
in favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor.
APPROVAL OF ORDINANCE ADOPTING THE TAX RATE FOR THE CITY OF
WYLIE FOR FISCAL YEAR 1986-87: The required public hearings
have been held and the proposed tax rate is $0. 49 per $100.
valuation. This is the same tax rate as the past several
years. Motion was made by Councilman Westerhof to approve
and sign ordinance adopting the tax rate of $0. 49 per $100.
valuation. Seconded by Councilman Trimble. The vote was as
follows: Mayor Pro Tem Fulgham - in favor, Councilman
Trimble - in favor, Councilman Westerhof - in favor, and
Councilwoman Donovan - in favor. This motion carried with
all in favor.
PRESENTATION BY MR. LARRY D. RICE OF 2350 COUNTY LINE ROAD
REGARDING HIS CONCERNS ABOUT LAKE RAY HUBBARD MOBILE HOME
PARK: Mr. Rice said he was opposed to the mobile home park
and the storage of sewerage. This system of pumping out
sewerage tanks is not covered in the City Ordinance. I have
talked with engineering about this. I do not believe the
City can haul off the sewerage from this park on a daily
basis. Why did this developer not have to meet the
ordinance.
City Manager Gus Pappas said there is another ordinance, the
Lift Station District Ordinance that covers this.
Mr. Price wanted to know why the City does not make the
developer put in a force main. City Manager Gus Pappas said
what makes you think he will not be made to put in the force
main. Mr. Price said because he has looked at the plans and
there is not one. City Manager Gus Pappas said the staff is
working on three routes for the force main and sewer lines.
The developer knows that he owes for the force main or that
he will have to put it in.
Councilwoman Donovan wanted to know if this could be added
to the final plat. City Manager Gus Pappas said the final
plat has already been approved for construction and you can
not add to it after it has been signed. City Manager Gus
Pappas said you still have the final acceptance of public
improvements and at this time you can not accept the
improvements if the developer has not paid his fees or done
the improvements staff has said he will have to do. In the
City of Wylie the final plat has to be approved for
construction but you still have to come back to Council for
final acceptance of the public improvements.
Mr. Price said there was no way the City could handle this
sewerage. Councilwoman Donovan said she agreed with Mr.
Price.
City Manager Gus Pappas said the force main was being done
to accommodate the entire south end of Wylie. If this force
main is taken back up to FM 544 and dumped into the main
sewer line, you can only serve a small area. If the force
main goes across the roadway and back up to the main around
the Southside Fire Station, you can serve the entire south
end of Wylie. The tanks being installed are bigger at this
'�_^
park then they were at Southfork, and we are working on
getting this line in prior to having to use the tanks.
Mr. Rice said he has no problem if the City is working but
why was the developer not made to put this line in. City
Manager Gus Pappas said the City of Wylie does not do pro-
rata.
Mr. Rice said he feels the City should make the developer-
put in these lines and force main that putting in tanks is
breaking provisions in the subdivision ordinance. He feels
this an unsafe solution and should not be allowed.
City Manager Gus Pappas said to do this, first the Council
must resend the Lift Station District Ordinance, de annex
property which cannot be sewered immediately, this would
also mean that the moratorium on mobile home parks would not
do anything for you, pass a pro rata ordinance and the
developer puts in the system and as people tap into this
line the City pays the developer back some of this money.
Councilwoman Donovan said from this day forward can this be
made a part of the final plat that the sewer lines have to
be put on line prior to acceptance. City Manager Gus Pappas
said yes, but the City only has two (2) more areas that will
have this problem.
CITIZENS PARTICIPATION: Cecilia Woods of 515 Woodhollow Dr'
stated that on item no. 6, proposed budget, first of all the
McKinney paper has already printed that Farmersville and
Princeton have signed a contract for ambulance service with
the City of McKinney. The other thing, if an accident
happens by my house, I had rather see a fire truck come to
hose the street down instead of the Emergency Unit. The
second thing is on item 5, since the police have been aware
of the problems with the trucks, the trucks are finding
other routes. Thank you for your time.
Mike Loftin, 101 Fairmont received a letter from the Wylie
Code Department that his storage building was to close to
the alley. Mr. Faires said this was to close to the alley
and he has to move it. This building was put up in July,
1984 and I just purchased the home six months ago. City
Manager Gus Pappas asked him if he was informed to go to the
Zoning Board of Adjustments. Grandfathering does not apply
to zoning. First prove the date of the installation of the
building and second check to see if this ordinance was
passed before or after this building was put up. If the
building was up after the ordinance then you need to go to
the Zoning Board of Adjustments. This board can hear your
case and make a decision on whether you can keep the
building or move it. The next course if they rule to move
the building is to go to District Court for appeal .
ACCEPTANCE OF PUBLIC IMPROVEMENTS IN WESTGATE PHASE 1 : This
property is located on W. Brown Street and is adjacent to
Rustic Oaks. The engineering department has inspected the
public improvements and made all the required tests. The
engineering department is satisfied that this development
meets the subdivision standards of the City and recommend
approval and acceptance. Motion was made by Councilman
Westerhof to approve and accept the public improvements in
Westgate Phase 1 . Seconded by Councilwoman Donovan. The
vote was as follows: Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor.
AWARD OF BID FOR UNIFORM CONTRACT FOR THE CITY OF WYLI{E:_
There were six bid packets mailed out, staff received four
bids from the following:
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Aratex Services $10, 240. 00 Annual Cost
Servisco Tex . $ 9, 239. 60 Annual Cost
Unitog Rent Services $12, 757. 60 Annual Cost
National Uniforms $18, 799. 80 Annual Cost
After checking each of the bids and the service provided by
each company with their list of references, the staff
recommends the bid be awarded to Servisco, Tex . Motion was
made by Councilwoman Donovan to award bid for uniform
service contract to Servisco, Tex . for an annual cost of
$9, 239. 60. Seconded by Councilman Trimble. The vote was as
follows: Mayor Pro Tem Fulgham - in favor, Councilman
Trimble - in favor, Councilman Westerhof - in favor, and
Councilwoman Donovan - in favor. This motion carried with
all in favor.
COUNCIL DISCUSSION: Councilman Westerhof voices his concern
about the Municipal Court. There seems to be a lot of cases
being dismissed. There is a lot of time and paper work in
getting these cases to the court and then to have them
dismissed. Councilman Westerhof said he had talked with
Chief Abbott about this and it has caused a morale problem
with the officers. They do their jobs and then the judge
dismisses the case. Councilman Westerhof would like someone
to speak with the judge about this. Mayor Pro Tem Fulgham
asked Councilman Westerhof to go with him and they would
speak to the judge.
Councilwoman Donovan wanted to know if the ad was ready for
the paper on our permits. City Manager Gus Pappas said a
flyer went out with the water bills but no ad has been put
in the paper as yet. Councilwoman Donovan said the Council
agreed to put the ad in the paper.
Councilwoman Donovan wanted to know where we stood on the
street program, did the letters go out. City Manager Gus
Pappas said letters went out to tell the property owners on
Brimingham from Highway 78 to Kirby, that their street would
not be fixed. The letters went out to Stone residences.
The City crews are working on getting the Birmingham Street
from Kirby to Ballard made ready for reconstruction.
Councilman Trimble wanted to know the status on the DiTato
situation. City Manager Gus Pappas said the pump has been
pulled, the temp pole has not been removed. The system is
working by gravity. The contractor did return and tap this
lift station into the main line, but the developer did not
complete the line as yet like he was to do. The developer
has said he would be back within 10 days to complete the
job.
Councilman Trimble said the staff did some work on the
drainage ditch, is this complete. City Manager Gus Pappas
said he has checked this, there is a problem at one point,
and as soon as the developer has finished his job, then the
City will go back to re-do the slops to the drainage ditch.
Councilman Trimble said in the change over for the sewer
treatment plant, are you sure we can do that. Is there any
trouble. Do we need to take the grace period that North
Texas Municipal Water District has offered. City Manager
Gus Pappas said there should be no reason to use the grace
period. There will be problems and a learning time but we
have the crew and should move on.
Councilman Trimble said should we run the plant with North
Texas Municipal Water District for a few weeks. City
Manager Gus Pappas said the treatment plant was already
being checked out, and plans were being brought back for
'7
improvements that were needed plus checking out the site for
the new plant. This has been done. The next step is to
begin what CH2M Hill has sent in for improvements.
Councilwoman Donovan wants the City to ask North Texas
Municipal Water District to help us for a few months.
City Manager Gus Pappas said what is it they can offer that
we do not have. Councilwoman Donovan said knowledge.
City Manager Gus Pappas said are you saying CH2M Hill does
not have knowledge to advise us. Councilwoman Donovan said
no, but they are not hear on a daily basis.
City Manager Gus Pappas said there is lot of difference in
the way NTMWD runs the plant and in the way CH2M Hill wants
the plant run. City Manager Gus Pappas said that asking for
NTMWD to stay on for a few months is only going to tell the
city employees that they are not capable. Councilwoman
Donovan said that she is not saying they are not capable,
but that they have never run the entire plant before.
City Manager Gus Pappas said that he has run a plant prior
to coming to Wylie, that James Johnson, I . W. Santry, and
Kenneth Moelling have all run plants before. Mr. I . W.
Santry has taught classes at Texas A & M on sewer treatment
plants. If I remember right, Mr. Santry taught Mr. Carl
Reihn graduate courses. City Manager Gus Pappas stated that
if the Council directs him, he will write to NTMWD and ask
for them to stay with the treatment plant for sixty days.
If this is what the Council wants it will be on the next
agenda for you to vote on. Councilwoman Donovan wanted to
know why it had to be voted on. Two of the Council has
voiced their opinion of wanting it done. Mayor Pro Tem
Fulgham said it would be expending funds from the budget and
therefore would take a vote of the Council . Mayor Pro Tern
Fulgham said one council member can not make a directive to
the City Manager. That it will take a vote of the Council
before a directive can be made.
Councilman Westerhof said he fully agreed that if we were
going to ask NTMWD to continue, that it would take a vote of
the Council . If a special session was needed than maybe
that is what we should do. Councilman Westerhof said he was
very disappointed that NTMWD requested to be released from
the operation of the treatment plant, but that he also
believes that the city has employees that are qualified and
capable of running this plant.
City Manager Gus Pappas said it should be pointed out for
the record that he truly believes that the Council could get
NTMWD to take back the treatment plant. I could list out
the course of actions needed for this. Councilman Westerhof
requested to see this list. Councilman Westerhof said that
this should be on the next Tuesday meeting. Mayor Pro Tem
Fulgham said do you mean the next regular Tuesday meeting.
• Councilman Westerhof said yes.
City Manager Gus Pappas said the final plans for the new
Municipal Complex have arrived and I would like to ask each
one of you to look at these and give the staff any input you
may have.
There being no other business, Mayor Pro Tem Fulgham called
for a motion to adjourn. Motion was made to adjourn with
all in favor.
•
Joe Fulgham, Mayor- Pro Tem
ATTEST:
Carolyn Jones, City Secretary �y
MINUTES
PLANNING & ZONING COMMISSION
CALLED MEETING
THURSDAY, SEPTEMBER 11 , 1986
The Planning and Zoning Commission for the City of Wylie,
Texas met in a Called Meeting on September 11 , 1986 in the
Conference Room at 800 West Kirby Street. A quorum was
present and notice of the meeting had been posted for the
time and in the manner required by law. Those present were:
Chairman Kent Crane, Vice-Chairman Brian Chaney, Fred
Ouellette, Ben Scholz , Bill Chapman and Ken Mauk.
Representing the city staff was Gus H. Pappas, City Manager;
Roy Faires , Code Enforcement Officer; and Amanda Maples,
Secretary.
The meeting was called to order at 7: 00 P. M. by Chairman
Kent Crane.
ITEM NO. 1 - CONDUCT WORKSHOP ON THE PROPOSED LAND USE PLAN
FOR THE CITY OF WYLIE - City Manager, Gus H. Pappas made a
presentation to the Planning and Zoning Commission stating
that the Proposed Land Use Plan covers Lake Lavon and Lake
Ray Hubbard but does not include the Branch and Cullekea
Peninsula because it is not well defined yet as to whether
the City will go onto those peninsulas or have the ETJ to
protect them.
The South side of Hwy. 78 is a logical site for strip
commercial centers. The North side has been used primarily
for Industrial because of the railroad tracks. The existing
Commercial areas have been used and then fanned out for more
Industrial use. The staff feels that the City of Wylie does
not need to be entirely a bedroom community. However,
because of our location to Dallas it will always be more
bedroom than industrial . Through 'planning the staff is
trying to provide for sufficient Industrial use.
The staff tried to put Multi Family zoning where it will do
the most good , in hard to develop locations. Then spread it
out so that the entire City would have access to Multi
Family zoning. Note that Multi Family zoning can be used as
an effective tool in a land use plan in circumstances such
as when the cost of development on a piece of land is
unusually high and the developer needs to have a higher
density to make a development profitable.
In the case of Single Family, the plan started with the
highest use and then protected it using the lesser zonings.
This process has proved to be very efficent.
Along the Lake the staff tried to recognize what was already
in a> istance. Basically everything was SF1 and SF2. Then
•
allowing for some SF3 and townhomes in difficult development
areas and sufficent retail to support the community.
If this Proposed Land Use Plan is followed to the letter
your resulting figures will be 20% Commercial , 12% Multi
Family and 60% SF residential . Your predominate units will
be in SF2. Your predominate Multi Family units will be 36%
and 60% of units will be SF residential .
ITEM NO. 2 - CONSIDER RECOMMENDATION TO THE CITY COUNCIL ON
THE ADOPTION OF THE PROPOSED LAND USE PLAN FOR THE CITY. -
Bill Chapman made a motion to accept the proposed land use
plan. Ken Mauk seconded the motion. Motion carried 6-0.
ITEM NO. 3 - CONDUCT WORKSHOP ON THE USES ALLOWED FOR
COMMERCIAL ZONING DESIGNATIONS FOR THE CITY OF WYLIE. -
Chairman Kent Crane stated that the purpose of this workshop
was to more clearly specify the intent of these zonings. He
warned that when moving items from one zoning category to
another you should be careful of " Down Zoning. "
Under Retail Zoning it was recommended that the wording be
changed in the following items as stated:
1 . Banks or Savings & Loan without drive-thru service
7: Letter , Photo Copy & Printing Shop
20. Super Market
33. Be moved to B1 Zoning
34. Bus Pick Up Point
38. Private or Business Transmitting Tower
43. Church , Synagogue or Rectory
45. Day Nursery or Child Care Center
It was further recommended that the following items be added
to Retail Zoning:
A. Public Swimming Pool Indoor or Outdoor
B. Health Fitness Center
C. Medical Appliances, Fittings & Sales
D. Radio, Appliances & TV Repair
The wording was changed on the following items under the
Specific Uses for Retail Zoning:
1 . Heliport or Landing Field
6. Private Club Serving Alcoholic Beverages
It was recommended that "Commercial Amusement / Indoor" be
added to the Specific Uses for Retail Zoning.
/D
UnderBl Zoning it was recommended that the following items
be changed:
ti.
50. Be moved into Retail Zoning
56. Car Wash
60. Lawn Equipment Repair
61 . Be moved into Industrial Zoning.
62. Be removed from B1 Zoning.
63. Commercial Printing
64. Be moved to B2 Zoning.
67. Be moved into B2 Zoning.
It was further recommended that "Gasoline Service Station or
Car Care Center" be added to B1 Zoning. Items changed under
the Specific Uses for B1 Zoning are as follows:
1 . Heliport or Landing Field
2. Cemetery or Mausoleum
Recommendations for changes under the B2 Zoning are as
follows:
72. Be moved into Industrial Zoning.
81 . Be moved into Industrial Zoning.
62. Be moved into Industrial Zoning.
86. Machine or Welding Repair Shop
87. Be moved into Industrial Zoning.
90. Tennis Courts, Commercial
It was further recommended that the following items be added
under B2 Zoning:
A. Bus Terminal
B. Bowling Allies
C. Vehicle Rental
D. Plumbing, Heating & Air Cond. Shop
E. Mini or Convience Warehouse
F. Swimming Pools Commercial / Outside
Item No. 3 under the Specific Uses for B2 Zoning was changed
to read "Commercial Amusement , Indoor/Outdoor. "
Under Industrial Zoning the following changes were made:
71 . Stables, Private or Commercial
92. Be moved to B2 Zoning.
It was recommended that the following items be added to
Industrial Zoning:
A. Cabnet Shop
B. News Paper Printing
C. Bakery & Confectionary Wholesale
D. Bottling Plant
E. Motor Freight Terminal
Under Specific Uses for Industrial Zoning "Junk or Salvage
Yards" was added.
Under "Other Regulations" Item no. 5• was changed in all
categories to read "Fence Required when use abuts
Residential Zoning or Residential Use. "
ITEM NO. 4 - CONSIDER RECOMMENDATIONS TO THE CITY COUNCIL
REGARDING ALLOWED USES IN COMMERCIAL ZONING DESIGNATIONS FOR
THE CITY_ - No formal action was taken on this item since
the recommendations were considered and are as stated in
Item No. 3 above.
ITEM NO. 5 - ADJOURN - Vice-Chairman Brian Chaney made a
motion to adjourn the Called Meeting of the Planning and
Zoning Commission , September 11 , 1986. Ken Mauk seconded
the motion. Motion carried 6-0.
Kent Crane, Chairman
Planning & Zoning Commission
Respectfully Submitted:
Amanda Maples, Secretary
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE
POLICITCAL SUBDIVISION OF THE STATE OF TEXAS,
AMENDING ORDINANCE NO 81-15, THE FIRE CODE
ORDINANCE FOR THE CITY OF WYLIE, SPECIFICALLY
ADDING A SECTION PERTAINING TO A REWARD FOR THE
ARREST AND CONVICTION OF ANY PERSON FOUND GUILTY
OF ARSON.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
WHEREAS, the City Council of the City of Wylie has
determined a need for Ordinance No. 81-15 to be amended;
THEREFORE, the following paragraph will be added to the Fire
Code as follows:
The City hereby offers a reward of $ for
the arrest and conviction of any person found guilty -f
committing the crime of arson within the corporate limits of
the City. This reward is a standing offer, and shall be
paid out of the general fund of the City.
SEVERABILITY:
All ordinances or parts of the ordinance in conflict
herewith are specifically repealed and are super-ceded
by this ordinance. All other parts of such ordinances
are not repealed and remain in effect.
EFFECTIVE DATE:
This ordinance shall become effective immediately upon
passage and approval by the City Council of the City of
Wylie.
PASSED AND APPROVED ON THIS THE DAY OF ,
1986.
JOE FULGHAM, MAYOR PRO TEM
ATTEST:
Carolyn Jones, City Secretary
L�
CITY OF PLANO
ARSON REWARD
$ 1000.00
Ordinance No. 81-8-11, Section XV: The
City hereby offers a reward of One
Thousand Dollars ($1000.00) for the arrast
and conviction of any person found guilty
of committing the crime of arson within
the corporate limits of the City. This re-
ward is a standing offer, and shall be
paid out of the general fund of the City.
Report information to City of Plano Fire
Marshal at 424-6531, extension 5430.
411A);
Mayor
City Secretary
8986 TAX ROLL ADJUSTMENTS
ADJUSTMENTS TO TAX ROLL PER CENTRAL APPRAISAL DISTRICT
LEGAL ASSESSED TAX ADJUSTED ADJUSTED
Abst. 688
Tr. 9 13, 060. 63. 99 39, 988. 195. 94
Abst. 835
Tr. 3 000. 0. 00 91 , 290. 447. 32
Brown & Burns
Bk 11 Lt. 58A 41 , 953. 205. 57 48, 953. 239. 87
*Russell
Bk 1 Lt. 4A 62, 248 0. 00 62, 248. 305. 02
Abst. 56
Tr. 17 304. 1 . 49 30, 400. 148. 96
*Kellers 1st
Bk 1 Lt. 5 12,058 59. 08 27, 058 132. 58
Wylie MHP
Lt. 68 29993. 14. 67 000 0. 00
344. 80 1 , 469. 69
Net Adjustment to the Tax Roll of a Plus $1 , 124. 88
Adjust off Tax Roll due to Tax Statement
being under $5. 00 Minus Tax Dollars 71 . 16
Adjust off Tax Roll - Taxes Assessed to
property outside City Limits
Minus Tax Dollars 439. 85
Total Adjusted Dollars to Tax Roll Plus $ 613. 87
* Property had exemptions applied that was not granted by
the review board.
ct, -
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL
SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE NO.
84-12, THE FEE ORDINANCE OF THE CITY OF WYLIE, SPECIFICALLY
ESTABLISHING FEES FOR THE OPERATION OF TAXICABS ON THE CITY
STREETS OF WYLIE, PROVIDING FOR PUBLICATION, PROVIDING FOR
SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas saw
fit to establish standards and restrictions of vehicles for
hire in the City of Wylie by passage and approval of
Ordinance No. 85-51B;
THEREFORE, the City Council has determined a need to
establish fees for the operation of taxicabs on the public
streets of the City of Wylie; the following fees are hereby
set and will be collected by the City.
SECTION 8-A:
Street Rental Charge $50 .00 per unit per year
Driver Permit $25.00 per driver per year
PUBLICATION:
The caption of this ordinance shall be published one
time in a newspaper of general circulation.
SEVERABILITY:
All ordinances or parts of the ordinance in conflict
herewith are specifically repealed and are superceded
by this ordinance. All other parts of such ordinances
are not repealed. It is hereby declared to be the
intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this
ordinance are severable and if any phrase, clause,
sentence or section of this ordinance shall be declared
unconstitutional or invalid by any judgement or decree
of a court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence paragraph or
section of this ordinance; and the City Council hereby
declares it would have passed the remaining portions
even though it had known the affected parts would be
held unconstitutional .
PENALTY:
Any person, firm or corporation who shall violate any
of the provisions of this ordinance shall , upon
conviction thereof, be deemed guilty of a misdemeanor
and assessed a fine not to exceed the amount permitted
by State Law.
EFFECTIVE DATE:
This ordinance shall become effective on the day
of 1986 .
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS ON THIS THE DAY OF 1986.
Joe Fulgham, Mayor Pro Tem
ATTEST:
Carolyn Jones, City Secretary
`
ORDINANCE NO.
BEING AN ORDINANCE TO ESTABLISH STANDARDS
AND RESTRICTIONS OF VEHICLES FOR HIRE,
PROVIDING FOR PUBLICATION, PROVIDING FOR
A SEVERANCE CLAUSE, PROVIDING FOR PENALTY
AND ESTABLISHING AN EFFECTIVE DATE:
WHEREAS: The City of Wylie has no no ordinance to control
vehicles for hire and,
WHEREAS: The City Council is desirous of protecting the
Health, Safety and Welfare of the citizens of the
City of Wylie and,
WHEREAS: Authority to control "Vehicles for Hire" is
contained in Article 10-3. 07 (K) ;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY "OF WYLIE, TEXAS:
SECTION I . DEFINITIONS:
As used in this ordinance the following words and
terms shall have the respective meanings ascribed
to them:
(a) Taxicab: Any vehicle carrying passengers for
hire, except motor buses or motor coaches
operated by bus lines over designated routes
in and through the city;
(b) Conduct a Taxicab Business: The use of one
or more taxicabs within the corporate limits
of the city, by the owner thereof , for the
purpose of carrying passengers for hire,^
either by driving the same himself or having
the same driven by some other person;
(c) Taxicab Driver: A person, properly licensed
by the State of Texas who is authorized by
permit to drive a taxicab within the
corporate limits of the city;
SECTION 2. EXEMPTIONS:
(a) State regulated vehicles excepted: This
ordinance shall not apply to passenger buses
operating under the regulations of the state
railroad commission, and coming into or
Passing through the city for the purpose of
loading and unloading passengers;
^���
,
SECTION 3. GENERAL
(a) Appeal from decision of city secretary or
chief of police. Anyone desiring to do so
may appeal from any action of the city
secretary or chief of police under any
provision of this article to the city council
within ten ( 10) days of the action of the
city secretary or chief of police. The
hearing on appeal shall be de novo. The
decision of the city secretary or chief of
police shall become final unless an appeal
is taken within the time and manner herein
provided. In the event of such appeal , the
decision of said body shall be final . The
action of the city secretary or chief of
Police shall be in full force and effect
until changed by action of the city council ,
(b) Maximum seating. It shall be unlawful to
carry in a taxicab more than five (5)
passengers in any taxicab, and in no event
shall more than two (2) passengers ride in
the front seat with the driver,
^
(c) Receipt , discharge of passengers. No driver
of a taxicab shall receive or discharge
passengers in the roadway of any street, but
shall drive to the right-hand sidewalk, as
nearly as possible, or, in the absence of a
sidewalk, to the extreme right-hand side of
the road, and there receive or discharge
passengers,
(d) Acting on behalf of prostitutes or unlawful
establishments. It shall be unlawful for any
taxicab driver or owner to act in any manner
as a panderer or pimp for prostitutes or as
contact for unlawful establishments of any
character, or to knowingly transport any
passenger to the abode of a prostitute, "
(e) Alcoholic beverages - Transportation
prohibited. It shall be unlawful to
transport alcoholic beverages, not owned and
in the exclusive possession and control of a
fare-paying passenger, in the taxicab or for
any taxicab driver to have on his person any
alcoholic beverage while driving and
operating a taxicab in service,
(f ) Alcoholic beverages - Consumption in vehicle.
It shall be unlawful for any driver or
passenger of any taxicab to drink alcoholic
beverages of any kind while inside the
taxicab,
(g) Alcoholic beverages - Sale. No driver of a
taxicab or owner of a taxicab shall engage in
selling intoxicating liquors or soliciting
business for any person selling intoxicating
liquors,
(h) Transportation of criminals. It shall be
unlawful for any taxicab driver or owner to
knowingly transport any criminal , narcotic
peddler, prostitute, bootlegger or any other
person in the commission of a crime or
infraction of the law in any manner,
/
Y
(i ) Council to fix , display of rates. The city
council shall have the power to fix the
rates, charges and fares of all taxicabs
operating within the city. There shall be
displayed in a permanent place within every
taxicab doing business within the city a map
showing the various areas of the city and
designating the fare to be charged in each
area.
(j ) Refusal to pay fare. It shall be unlawful
for any person to refuse to pay the legal
fare of any taxicab after having hired the
same, and it shall be unlawful for any person
to hire any taxicab with intent to defraud
the person from whom it is hired of the value
of such service.
SECTION 4 LICENSE
(a) Required. It shall be unlawful for any
person to keep, use or operate on any street
within the city any taxicab, unless a written
license for such taxicab shall have first
been obtained from the city secretary by the
^ person owning or controlling such taxicab,
and unless such license shall be in effect at
such time.
(b) Application. Any person who shall desire to
operate a taxicab within the city shall file
a written application for a license therefor
with the city secretary. Such application
shall contain the following information:
1 . The name, address and age of the owner or
operator of the vehicle to be used,
2. The make, type, age and capacity of such
vehicle,
3. Such other information as the city ^
secretary may require.
(c) Consideration of application. Upon receipt
of an application for a license required by
the provisions of this article, the city
secretary shall , after examining said
application, make an investigation to
determine whether the issuance of a license
to operate a taxicab will be dangerous to the
health, safety and welfare of the city, and
the city secretary shall give due weight and
consideration to, among other things:
1 . The type vehicle proposed to be operated'
2. The age and mechanical condition of the
vehicle.
'
,
(d) Issuance or denial ' If the city secretary
shall determine that the operation of a
taxicab as shown in the application for a
license required by this article will not be
dangerous to the health, safety and welfare
of the city, he shall issue a license to the
applicant, upon the payment of the street
rental charge as provided herein. If the
city secretary determines that the operation
of such vehicle is or will be dangerous to
the health, safety and welfare of the city,
he shall refuse said application and shall
not issue a license to the applicant.
(e) Street rental charge. Each owner or operator
`� of a vehicle used as a taxicab within the
^rJ `
city shall pay to the city a street rental
change in the amount set forth in the fee
schedule ordinance of the city per year for
each vehicle so operated. Said street rental
charge shall be paid annually in advance and
shall cover the period ending at 12: 00
o' clock midnight of December 31 following
payment of same.
^ (f ) Register. The city secretary shall keep a
careful and accurate list or register of all
licenses issued under the provisions of this
article, including the number of each license
and the name of the person to whom such
license was issued.
(g) Duration. All licenses issued under the
provisions of this article shall authorize
the operation of the vehicle described in the
application for a period ending at 12: 00
o' clock midnight December 31 , following the
date of issuance, unless sooner revoked,
suspended or cancelled.
(h) Suspension, revocation or cancellation. Any
lic
ense issued under the provisions of Wis
article may be suspended, revoked or
cancelled for the violation by the licensee
of any applicable provision of this code,
state law or city ordinance, rule or
regulation.
(i ) Identification of vehicle. It shall be the
duty of every person holding a license issued
under the provisions of this article to place
on his vehicle used as a taxicab in vertical
block letters three (3) inches high and
three-quarters (3/4) inch thick, in a color
contrasting to the color of said vehicle,
below the back window of each vehicle, if
any, in unobstructed view, the words; "Taxi
License No. ____. " filling the blank with the
figure being the serial number of the license
for that particular car issued by the city
secretary.
SECTION 5. LIABILITY INSURANCE
(a) Required; approval ; etc. Before any license
shall be issued under article II of this
chapter to any owner of a taxicab, or before
any renewal of such a license shall be
granted, the owner shall file with the city
secretary, and thereafter keep in full force
and effect, a policy of public liability
insurance approved by the city manager and
executed by an issuance company duly
authorized to do business in the state, and
performable in this county, insuring the
public against any loss or damage that may
result to any person or property from the
operation of the taxicab covered or to be
covered by such license.
(b) Minimum amount of coverage. The minimum
amount of recovery in a policy of insurance
required by this article shall not be less
than the following sums, to wit:
I . For the injury of death of any one person
in any one accident,
^ 2. For total liability in any one accident
or personal injuries or death
________________________________
3. For injury or destruction of property in
any one accident ______________________
The minimum amount of insurance liability
shall never be less than the amount
established by the statutes of the state
under the Texas Safety Responsibility Act
or amendments thereto. (State law reference
amount of insurance required by Safety
Responsibility Act, Vernon' s Ann. Civ. St'
art. 6701h, sec. 5)
(c) Persons protected. The above public ^
liability insurance required by this article
shall be for the protection of the passengers
of the insured taxicab and for the public,
but shall not cover personal injuries
sustained by the servants, agents or
employees of the person filing the insurance'
(d) Provision for continuing liability. All
policies of public liability insurance
required by this article shall contain a
provision for a continuing liability thereon
up to the full amount thereof ,
notwithstanding any recovery thereon.
(e) Increasing amount upon return of execution
unsatisfied. In the event of the return
unsatisfied of any execution issued on any
final judgment rendered against any taxicab
owner in any suit for damages on accident of
injury to person or property occasioned by
the operation of any taxicab, such owner,
within ten ( 10) days after the return of such
execution unsatisfied, provided the judgment
is still unpaid, shall increase the amount of
his insurance by the amount of such judgment ,
and failing to do so shall forthwith cease
the operation of taxicabs in the city until
such additional insurance is deposited or
such judgment is paid.
_] /
(f ) Cancellation. In he event that any insurer
desires to be released from any insurance
filed under this article, it may give written
notice of such desire to the inspector of
taxicabs at least thirty (30) days before it
desires its liability released, and the
inspector of taxicabs shall thereupon give
written notice, by personal delivery or by
mail , to the insured and demand that he
furnish new assurance by the expiration of
the thirty (30) day period above provided
for, and shall discharge such first insurer
from any liability which shall accrue after-
the time of approval of such new policy, or
shall discharge such first insurer after the
expiration of such thirty (30) day period'
In the event any policy is so cancelled upon
the request of the insurer, and no new
insurance policy is filed before the
cancellation of the original insurance, the
license to operate taxicabs granted to the
insured shall be automatically revoked.
(g) City not liable for solvency of insurer;
owner ' s liability not affected; suits on
^ policy. Neither the city nor any officer
thereof shall be held liable for the
pecuniary responsibility or solvency of any
insurer under the provisions of this article,
or in any manner become liable for any sum on
account of such claim or act or omission
relating to the insured vehicle, no shall the
liability of the owner of any such vehicle be
in any manner limited or changed by reason
of the provisions of this article, but the
judgment creditors having causes of action
secured thereby shall be authorized to sue
directly on such policy of insurance without
impleading the city, and all persons known to
any insurer to have been injured or damaged
in the same accident and claiming damages
thereunder may be made parties without ,
priority of claim on payment in any suit had
or instituted on account of such matters.
SECTION 6. DRIVERS
DIVISION 1 GENERALLY
(a) Appearance. It shall be the responsibility
of
every person operating a taxicab business or
service in the city to require the drivers in
his employ to be neat and clean in appearance
while on duty.
(b) Solicitation of business. No driver of a
taxicab shall solicit patronage in a loud or
annoying tone of voice or in any manner annoy
any person or obstruct the movement of any
person or follow any person for the purpose
of soliciting patronage.
(c) State chauffeur' s license required. It shall
be unlawful for any person to drive a taxicab
within the city unless he is a duly licensed
chauffeur under state law.
DIVISION 2 PERMIT
(a) Required. No person shall drive a taxicab
within the city unless such person shall
first obtain a permit therefor from the city.
(b) Application. Any person who shall desire a
permit required by the provisions of this
division shall file with the city secretary
his sworn application upon a form to be
prescribed by the city secretary stating
applicant' s:
1 . Name.
2. Age
3. Present address.
4. Address or addresses and place or places
of employment for the past two (2)
years.
5. Reason for leaving place or places of
employment.
^
6. Police record, if any, together with list
of time and place of felony convictions.
(c) Fees. Every application for a permit
^~� ` required by the provisions of this section
shall be accompanied by a payment of fees
established in the fee ordinance of the City
of Wylie.
(d) Examination by Chief of Police' After
receiving an application for a permit
required by the provisions of this division,
the city secretary shall deliver such
application to the chief of police. The
chief of police shall then:
"
1 . Examine said application'
2' Take and keep a record of the fingerprint
of said applicant, and no permit shall
be issued until applicant complies with
this requirement.
3. Require a personal demonstration by the
applicant that he is able safely to
operate a taxicab with in the city. In
this connection, the chief of police, if
he deems it necessary, may require that
applicant furnish a certificate from a
reputable optometrist or occulist,
stating from any examination within the
past six (6) months the condition of
applicant' s vision.
The chief of police shall then report and
recommend to the city secretary that the
application be granted or rejected'
(e) Issuance or denial . After receiving the
report and recommendation of the chief of
police, the city secretary, if satisfied that
the applicant is able to operate a taxicab
within the city without danger to the health,
safety or welfare of the city, shall issue a
permit therefor to said applicant. If not
satisfied that applicant can operate such a
taxicab without danger to the health, safety
and welfare of the city, then said
application shall be refused.
(f ) Duration. All permits isSued under the
provisions of this division shall be valid
for a period of one year from date of
issuance and shall not be transferable, but
it shall be lawful for the holder of a permit
to use the same permit in the event of a
change of employment from one operator or
owner to another.
(g) Renewal . Every permit issued under the
provisions of this division may be renewed by
the holder thereof upon proper application
^ therefor to the city secretary and the
payment of the prescribed fee.
(h) Register. The city secretary shall keep a
careful and accurate list or register of all
Permits issued under the provisions of this
division, including the name and address of
the person to whom such permit was issued.
(i ) Display. Every person to whom a permit is
issued under the provisions of this division
shall keep such permit affixed and
prominently displayed in the passenger
section of the taxicab driven by such
permitee.
(j ) Suspension, revocation or cancellation. '
Every permit issued under the provisions of
this division may be suspended, revoked or
cancelled for the violation by the permitee
of any applicable provision of this code,
state law or city ordinance, rule or
regulation.
SECTION 7
(a) Publication Clause. The caption of this
ordinance shall be published one time in a
newspaper of general circulation.
(b) Severability Clause. All ordinance or parts
of the ordinance in conflict herewith are
specifically repealed and are superceded by
this ordinance. All other parts of such
ordinances are not repealed'
It is hereby declared to be the intention of
the City Council that the sections,
paragraphs, sentences, clauses, and phrases
of this ordinance are severable and if any
phrase, clause, sentence or section of this
ordinance shall be declared unconstitutional
or invalid by any judgment or decree of a
court of competent jurisdiction, such
unconstitutionality or invalidity shall not
affect any other remaining phrase, clause,
sentence paragraph or section of this
ordinance; and the City Council hereby
declares it would have passed the remaining
portions even though it had known the
affected parts would be held
unconstitutional .
(c) Penalty Clause. Any person firm or
corporation who shall violate any of the
provisions of this ordinance shall , upon
conviction thereof , be deemed guilty of a
misdemeanor and assessed a fine not to exceed
the amount permitted by state law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYL I E, TEXAS, THIS THE T/6 DAY OF
, 1985.
flkL
* SEAL
ATTEST ,
4 '.iloiEiuc um XP����\��
(k/24,)
Carol • ones-, ' i ty Secretary
4
RESOLUTION NO.
IN SUPPORT OF LOCAL OPTION ADDITION TO CHAPTER 152 MOTOR
VEHICLE TAXATION LAWS
WHEREAS, citizen expectations for services are continually
increasing; and,
WHEREAS, Federal and State financial assistance levels to
Cities have plummeted or been withdrawn; and,
WHEREAS, in 1985, the State collected $880 million from
Chapter 152 Motor Vehicle Sales and Use Tax; ranking as the
fifth largest revenue source in Texas; and,
WHEREAS, the collection, enforcement procedures, and
allocation administration would not be onerous within
existing scope of operations; and,
BE IT THEREFORE RESOLVED, by the City Council of the City of
Wylie, Texas, that the City of Wylie, Texas goes on record
as supporting the addition of a subsection (c) Local option
maximum of one percent (1%) of the total consideration in
Chapter 152 Taxes on Sale, Rental and Use of Motor Vehicles,
Subchapter B, Sections 152.021 and 152.022; and
BE IT FURTHER RESOLVED that the City of Wylie, Texas,
supports the amendment of Subchapter G, Section 152.122 to
include subparagraph (4) 1/5 to be credited to City
Allocations Division of the State Comptroller of Public
Accounts for monthly distribution to the originating city in
coordination with current distribution of local option
Limited Sales and Use tax allocations; and,
BE IT FURTHER RESOLVED that copies of this Resolution shall
be sent to members of the Texas Legislature and Legislative
Committees for the Texas Municipal League and Texas
Governmental Finance Officer' s Association urging them to
support the Provisions granting local option financing
alternatives as proposed.
PASSED AND APPROVED THIS THE DAY OF 1986.
Joe Fulgham, Mayor Pro Tem
ATTEST:
Carolyn Jones, City Secretary
•
•
Whit e Settlement0 dynamic City...
...on the crossroads of procress
w--
214 MEADOW PARK DRIVE
WHITE SETTLEMENT, TEXAS 78108
PHONE 248-4971
September 29, 1986
CHIEF EXECUTIVE OFFICER:
Attached is a proposed resolution forwarded to the Chairman of the Resolution
Committee for a favorable review and hopefully adopted by the membership of the
Texas Municipal League for presentation to the State Legislature.
We view this spreading of the sales tax base as a logical evolution and a necessary
move on part of City Government to alleviate the load on the Ad Valorem Tax paying
citizens.
Your support of the intent of this resolution would give the cities of the State
a needed new source of revenue that would be very easily collected and distributed
by the Comptroller of Public Accounts.
Sincerely,
James M. Herring
Mayor
JMH:dm
Attachment
7
CI' L tl`rtwj Ut'3S -111't'+
•
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•)�i A11r:� 113S 3f11JJ S ?All IIB 1
trv3135 3iIHt! 3U till)?
19ii'Cat
otic:.
wimaaal
The Home-Owned Newspaper
Baal mmas,liar,vat.•I,Ms. 13 Member,Associated Press 36 Pages,2 Seetiaas Fart Meal,Taman Ceesay,Tans,September'26,MI6 22 Cents Per Copy; 22S Per Tsar
Cities Want Share of New Car Tax
Bs F ItANK PERKINS every city in Texas asking support for the local up- right along with city sales tax disbursements.There
Conn, Maxwell is facing off against one of the Lion Inanuever. would be no requirement for additional staff." shy
roost powerful lobbies in Austin in her efforts to ease •'Mayor(James M.1 Herring already has presented said.
the ad v aloreu, tax burden on White Settlement the plan to the Tarrant County legislative Using the figures of SI million gross new car sales
c,titens. delegation," Ms. Maxwell said. "And I have as a base for one dealership. Ms. Maxwell said
Ms Ma 'A i•ll,White Settlement's(inane director. presented it to the Texas Governmental Finance Of. White Settlement would have $100.000 in addi
+sour Iegi-.l.,t,on passed amending the current state fivers Association and handed the proposal to other tional revenue if the local option plan becomes
i..w to allow cities to call heal option election'.Iii put i•ity finance offic.•rs in Tarrant County." reality. Such gross sales are much higher than e
one percent sales Lax on new cur rules. She said F'm t Vurth finance director A. Judson million,she said.
"New car sales brought in Sttau million a year in Bailiff told►er hi•would try to get the matter before "That$100,000 represents three cents on our tax
revenues to Texas in 19b5. she said. "Those the Fort Worth City Council.a tx.we'rful ally in any rate." Ms. Maxwell said."That means we would be
revenues were the fifth largest for the state that year. legislative fight. able to expand services while keeping the effective
I would like to see the cities, which now do not shine • • • tax rate the same or even lower."
f tise taxes.hate a chance to use this new siurce of "I SEE THE proposal as a way to redistribute If the plan survives the expected auto dealers'lob
revenues to ease the ad valorem tax burden.' taxes.a way of taxing diepiusable income,which pets. by onslaught in Austin. the local option portion
r he White Sett lenient City Council voted pie use to buy new cars,versus keeping almost all the would mean that only those cities whose citizens
...e•h•to petit Um the Texas Municipal league tax load on property ownership. voted in the new tax would benefit from it.
f:nd a legislative sponsor for Ms. Maxwell's in. "The car dealers would he collecting an additional "It is not automatic. Cities have to approve it
alive and controversial plan. $50 on a S5.000 car which would be disbursed before they could collect it," she said.
he cn y also is preparing a mass mailing to almost through the stun•comtptroller's city allucatiunv office i'•niinu.d •n i•sar$'t
White Settlement Wants
City Car Sales Tax Bite
Continued from Page IA
THE CITY SALES tax on new cars will have
significant impact in White Settlement because the
city has conscientiously worked to bring car dealer-
ships into its area.
Texas Motors Ford has moved to White Settle-
ment, as has Gordon Bailey's Hyundai dealership.
Ultimately, Bailey will move his Lincoln-Mercury-
Saab-Jeep-Renault. dealership from its current
Forest Park Blvd. location to the White Settlement
site.
When that move is made; new car sales, fueled by
the continued expansion 'ire Southwest and West
Fort. Worth, could fnea,n' a revenue bonanza for
White Settlement.
"We just think it is fair for people with disposable
income IA) spend who come here to buy an S I M,OO()
Lincoln to share some of that income with t he hilkz
who have lived here for years and paid t he ;al
valorem taxes without much hope of relief.'' .41te'
said.
This year's White Settlement budget was Sti.Y
million and the cit.y's effective tax rate was:10-rent s
per S 100 evaluation.
-We're just like every other city,'' Ms. Max%,% l
said. "We are having to find alternate sourr,'s lit
revenue as federal programs dry up. This sit V ta III)
new car sales seems very, very fair to us."
ir��,
ORDINANCE NO
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE CITY CODE BY ADDING A
NEW ORDINANCE, AND DESIGNATING AREAS OF THE CITY AND/OR CITY AND
EXTRATERRITORIAL JURISDICTION. REGULATING PRIVATE SEWAGE FACILITIES; RELATING
TO DISCHARGE OF INDUSTRIAL WASTEWATER RELATING TO THE DELEGATION OF FUNCTIONS
AND POWERS BY THE CITY; RELATING TO WATER POLLUTION CONTROL AND ABATEMENT
PROGRAMS BY THE CITY UNDER SECTION 26.177 OF THE TEXAS WATER CODE;
ESTABLISHING A PERMIT SYSTEM; ESTABLISHING A SYSTEM OF CHARGES FOR SERVICES
RENDERED; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Wylie, Texas, under Section 26.177, of the Texas Water
Code (Texas Legislative Senate Bill 835) is required to establish a Water
Pollution Control and Abatement Program, authorizing monitoring and enforcing
activities, requiring reporting from significant dischargers, collecting
samples, inspecting and testing of waste discharges.
WHEREAS, it is the obligation of the producers of industrial waste and
wastewater to treat and properly dispose of same in an equitable manner, and
WHEREAS, protection of the quality of the effluent and proper operation of the
wastewater collection and treatment facilities within the City and
Extraterritorial jurisdiction is the concern and obligation of the City of
Wylie, Texas.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS;
City Code as follows: Article Water Pollution Control
SECTION 16. Definitions - when used in this Section, these terms shall be
defined as follows:
(1) Abnormal Sewage: Any industrial wastewater having suspended solids or
B.O.D. content which is, in the judgment of the Director, significantly
in excess of that found in normal sewage, but which is otherwise
acceptable into a POTW under the terms of this Ordinance.
(2) Act: The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
(3) Authority: The City of Wylie, Texas.
(4) Biochemical Oxygen Demand (B.O.D.): The quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory
procedure as specified in 'Standard Methods' in five days at twenty (20)
degrees Centigrade expressed as parts per million by weight (milligram
per liter).
(5) Categorical Pretreatment Standards: National Pretreatment Standards
which are established from time to time by EPA which specify quantities
or concentrations of pollutants or pollutant properties which may be
discharged or introduced into a POTW by specific Industrial Dischargers.
(6) City: City of Wylie, Texas, or City Council of Wylie, Texas.
1
(7) Composite Sample: A sample of the wastewater discharged to the
collection system by a user and composed of a series of not less than
three samples taken during the periods when industrial wastes are being
discharged. The period of time over which the samples are collected for
compositing into a single sample shall not exceed twenty-four hours.
The series of samples may be collected on a time-proportional or
flow-proportional basis.
(8) Cooling Water: The water discharged from any system of condensation
such as air conditioning, cooling, refrigeration or water used as a
coolant in cooling towers where the only pollutant is thermal.
(9) Director: The Director of the Public Works Department of the City of
Wylie, or his authorized representative.
(10) Discharger: Any non-residential user who discharges an effluent into a
POTW by means of pipes, conduits, pumping stations, force mains,
constructed drainage ditches, surface water intercepting ditches,
intercepting ditches, and all constructed devices and appliances
appurtenant thereto. Includes owners and/or occupants of such premises.
(11) Grab Sample: A sample which is taken from a waste stream or surface
runoff on a one-time basis with no regard to the flow in the stream and
without consideration of time.
(12) Garbage: Solid waste from domestic or commercial preparation, cooking
or dispensing of food or from the handling, storage, and sale of produce.
(13) Indirect Discharge: The discharge or the introduction of nondomestic
pollutants from a source regulated under Section 307(b) or (c) of the
Act, into a POTW.
(14) Industrial Waste: Solid, liquid or gaseous waste resulting from any
industrial, manufacturing, trade, or business process or from the
development, recovery or processing of natural resources.
(15) Interference: The inhibition or disruption of a POTW's sewer system,
treatment processes or operations which contributes to a violation of
any requirement of its NPDES permit.
(16) mq/L: Milligram per liter.
(17) Major Industrial/Commercial User: A user of the sewer system that (a)
discharges 10,000 gallons or more of wastewater into the sewage system
per average workday, (b) is regulated by the Categorical Pretreatment
Standards, or (c) is found by the City of Wylie to discharge wastewater
which adversely affects the sewer system facilities, the biological
treatment process or the quality of the discharge from the POTW.
(18) National Pollutant Discharge Elimination System (NPDES): The NPDES
program or a NPDES permit issued by the Environmental Protection Agency.
(19) Normal Sewage: Sewage which, when analyzed, shows by weight a daily
average of not more than 250 mg/L of TSS and not more than 250 mg/L of
BOD and which is otherwise acceptable into a POTW under the terms of
this Code.
2
(20) 0 and M: Operation and Maintenance.
(21) Other Wastes: Decayed wood, sawdust, shavings, bark, lime, refuse,
ashes, garbage, offal, oil, tar, chemicals and all other substances
except sewage and industrial wastes.
(22) Owner or Occupant: The person, firm, or public or private corporation,
using the lot, parcel of land, building or premises connected to and
discharging sewage, industrial wastewater or liquid, into the sanitary
sewage system of the City, and who pays, or is legally responsible for
the payment of, water rates or charges made against the said lot, parcel
of land, building or premises, is connected to the water distribution
system of the City of Wylie, or who would pay or be legally responsible
for such payment if so connected.
(23) Pass Through: The discharge of pollutants through the POTW into
navigable waters in quantities or concentrations which are a cause or
significantly contribute to a violation of any requirement of the POTW's
NPDES permit.
(24) Person: Any individual, business entity, partnership, corporation,
governmental agency or political subdivision.
(25) Permit: Wastewater Discharge Permit, issued to non-domestic dischargers
of industrial waste into the sanitary sewage system of the POTW.
(26) pli: The logarithm of the reciprocal of the weight of hydrogen ions, in
grams per liter of solution, measured and calculated in accordance with
'Standard Methods'.
(27) Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sludge, mutations, chemical waste, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
(28) Pretreatment: The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater to a less harmful state prior to or in lieu of
discharging or otherwise introducing such pollutants into a POTW.
(29) Publicly Owned Treatment Works (POTW): Any sewage treatment plant and
the sewers, watercourses and appurtenances thereto, owned and operated
by the City.
(30) Pretreatment Standards: Categorical Pretreatment Standards.
(31) Sanitary Sewer: A publicly owned pipe or conduit designed to collect
and transport industrial waste and domestic sewage to the POTW.
(32) Sewage: Water-carried human wastes or a combination of water-carried
wastes from residences, business buildings, institutions and industrial
establishments, together with such ground, surface, storm or other
waters as may be present.
3
(33) Shall: Is mandatory. May: Is permissive.
(34) Sluqload: Any substance released in a discharge at a rate and/or
concentration which causes interference to a POTW.
(35) Standard Industrial Classification (SIC): A classification pursuant to
the Standard Industrial Classification Manual issued by the Executive
Officer of the President, Office of Management and Budget, 1972.
(36) Standard Methods: 'Standard Methods Eor the Examination of Water and
Wastewater' , a publication prepared and published jointly by the
American Public Health Association, American Waterworks Association and
the Water Pollution Control Federation, as it may be amended from time
to time.
(37) Suspended Solids: Solids that either float on the surface of, or in
suspension in, water, sewage or other liquid and which are removable by
laboratory filtering.
(38) Unpolluted Water or Waste: Any water or liquid waste containing none of
the following: Phenols or other substances to an extent imparting taste
and odor in receiving waters; toxic or poisonous substances in
suspension colloidal state or solution; noxious or odorous gases; not
more than ten thousand (10,000) parts per million, by weight, of
dissolved solids, of which not more than twenty-five hundred (2500)
parts permillion are chloride; not more than ten (10) parts per million
each of suspended solids and B.O.D.; color not exceeding fifty (50)
color units, nor a pH value of less than 5.0 nor higher than 11.0;
and/or any water or waste approved Eor discharge into a stream or
waterway by the appropriate state authority.
(39) Upset: An exceptional incident in which a Discharger unintentionally
and temporarily is in a state of noncompliance with the standards
established in this ordinance, due to factors beyond the reasonable
control of the Discharger, and excluding noncompliance to the extent
caused by operational error, imporperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation thereof.
(40) Wastewater: Industrial waste, sewage or any other waste that has been
used by and discharged from an industry, commercial enterprise,
household or other water consumer, including that which may be combined
with any ground water, surface water or storm water, that may be
discharged to the POTW. Said water may be either polluted or unpolluted.
Section 16.2 - Water Pollution Control Duties of the City
A. The City of Wylie, Texas having a population of more than 5,000
inhabitants, hereby establishes a Water Pollution Control and
Abatement Program for the City. The City shall employ or retain an
adequate number of personnel, who by virtue of their training or
experience are qualified to perform the water pollution and abatement
functions required to enable the City to carry out it's duties and
responsibilities under this Article.
4
B. The Water Pollution Control and Abatement Program of the City shall
encompass the entire City and its Extraterritorial Jurisdiction. The
City shall include in the program the services and functions which
will provide effective water pollution control and abatement for the
City, or as may be reasonably required by State or Federal law,
including the following services and functions:
1. the development and maintenance of an inventory of all
significant waste discharges into or adjacent to the water
within the City, and within the extraterritorial jurisdiction of
the City, without regard to whether or not the discharges are
authorized by the City;
2. the regular monitoring of all significant waste discharges
included in the inventory prepared pursuant to paragraph (1)
above;
3 the collecting of samples and conducting of periodic inspections
and tests of the waste discharges being monitored to determine
whether the discharges are in compliance with the Act and any
applicable permits, orders or regulations;
4. a procedure for obtaining compliance by the waste dischargers
being monitored, including where necessary, the use of legal
enforcement proceedings; and
5. the development and execution of reasonable and realistic plans
for controlling and abating pollution or potential pollution
resulting from generalized discharges of waste which are not
traceable to specific sources, such as storm sewer discharges
and urban runoff from rainwater.
Section 16.3 - Use of Public Sewers
A. No person shall discharge or cause to be discharged any storm water,
surface water, ground water, roof runoff, subsurface drainage or
unpolluted industrial water into any sanitary sewer.
B. Storm water and all other unpolluted drainage shall be discharged to
such sewers as are specifically designated as storm sewers, or to a
natural outlet approved by the City. Unpolluted industrial water may
be discharged to a storm sewer or into the sanitary sewer system upon
prior written approval by the City.
C. Except as hereinafter provided, no person shall discharge or cause to
be discharged into the sewer or drainage system of the City, or to
the waters of the State of Texas, directly or indirectly, any of the
following described matters, water, wastewater, or wastes:
(1) Flammable or explosive liquid, solid or gas, such as, but not
limited to, gasoline, kerosene, benzene, naptha, etc., which by
reason of its nature or quantity may be sufficient, either
alone or by interaction to cause fire or explosion or may be
injurious in any other way to the operation of the POTW.
5
(2) Any liquid or vapor having a temperature higher than one
hundred fifty degrees (150°) Fahrenheit (65 degrees
Centigrade).
(3) Any water or waste which contains wax, grease, oil, plastic or
other substances that will solidify or become discernibly
viscous at temperatures between thrity-two degrees (32°) to
one hundred fifty degrees (150°) Fahrenheit, thereby
contributing to the clogging, plugging or otherwise restricting
the flow of wastewater through the collection system.
(4) Solid or viscous substances in quantities capable of causing
obstruction in the flow in sewers or other interference with
proper operation of the POTW, such as, but not limited to,
ashes, cinders, sand, mud, straw, shavings, sawdust, metal,
glass, glue, rags, feathers, tar, plastics, wood, whole blood,
paunch manure, hair and fleshlings, entrails, lime slurry, lime
residues, slops, chemical residues, paint residues, or bulk
solids.
(5) Any noxious or malodorous substances which can form a gas
which, either singly or by interaction with other wastes, is
capable of causing objectionable odors or hazards to life or
form solids in concentrations exceeding limits established in
this Ordinance, or creates any other condition deleterious to
structures or treatment processes, or requires unusual
provisions, attentions or expense to handle such material.
(6) Any noxious or malodorous liquids, gases, or solids which
either singly or by interaction are capable of creating a
public nuisance or hazard to life or which may prevent entry
into the sewers for their maintenance and repair.
(7) Any substance which may cause the POTW's effluent or treatment
residues, sludges, or scums, to be unsuitable for reclamation
and reuse or to interfere with the reclamation process. In no
case, shall a substance discharged to the POW cause the POTW
to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 405 of the
Act or any other criteria, guidelines, or regulations affecting
sludge use or disposal.
(8) Any substance which will cause the POTW to violate its NPDES
and/or other disposal system permits.
(9) Any substance with objectionable color not removed in the
treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions.
(10) Any slugload, which shall mean any pollutant, including oxygen
demanding pollutants (B.O.D., etc.), released in a single
extraordinary discharge episode of such volume or strength as
to cause interference to the POW.
(11) Any wastewater which causes a hazard to human life or creates a
public nuisance.
6
(12) Free or emulsified oil and grease exceeding 100 mg/L of either
or both, or combinations thereof.
(13) Acids or alkalies capable of causing damage to sewage disposal
structures or personnel or having a pH value lower than 5.0 or
higher than 11.0.
(14) Cyanide or cyanogen compounds (as Cn) in excess of 1.0 mg/L.
(15) Any water or waste that contains more than ten (10) parts per
million of the following gases: Hydrogen sulfide, sulphur
dioxide or nitrous oxide.
(16) Any wastewater containing any radioactive wastes or isotopes of
such half life or concentration as exceed limits established by
the City in compliance with applicable State or Federal
regulations.
(17) No substances which contain polychlorinated biphenyls (PCB'S).
(18) Wastewater with a phenol concentration greater than two (2.0)
mg/L.
(19) Wastewater with twenty-four hour composite samples containing
BOD or TSS in excess of one thousand (1,000) mg/L, or COD in
concentrations not amenable to treatment.
(20) Salts of a heavy metals in solution or suspension, and
organics, in concentrations exceeding the following:
Maximum
Concentration (mq/L)
Arsenic 0.1
Barium 1.0
Cadmium 0.2
Chromium 3.0
Copper 2.0
Lead 2.0
Manganese 2.0
Mercury 0.005
Nickel 2.0
Selenium 0.05
Silver 1.0
Zinc 4.0
or elements or organics which will damage collection facilities
or are detrimental to treatment processes.
(21) Other heavy metals and toxic material in concentrations
prohibited by State or Federal regulations including, but not
limited to:
Antimony Uranylion
Beryllium Pesticides
Bismuth Rhenium
Boron Strontium
Cobalt Tellurium
Fungicides Herbicides
Molybdenum
7
(22) Chlorides in concentrations greater than two hundred and fifty
(250) mg/L. The City may permit discharge of chlorides greater
than 250 mg/L provided the discharger requests such discharge
in writing and the volume and concentration of chlorides
discharged will not impair the treatment processes.
D. Unless an exception is granted by the City, the City's sanitary sewer
system shall be used by all persons discharging domestic wastewater,
industrial wastewater and other polluted water.
E. Unless authorized by the Texas Water Commission, no person may
deposit or discharge any industrial waste, industrial wastewater or
other polluted water on public or private property, or into or
adjacent to any creek, drain, stream, storm sewer, or other area
within the jurisdiction of the City.
Section 16.4 - Garbage
A. No person shall discharge garbage into the sewage system unless it is
shredded to a degree that all particles can be carried freely under
the flow conditions normally prevailing in the sewage system.
Particles greater than one-half (1/2) inch in any dimension are
prohibited.
B. The City is entitled to review and approve the installation and
operation of any garbage grinder equipped with a motor of
three-fourths (3/4) horsepower (0.76 hp metric) or greater.
Section 16.5 - Discharges Requiring Traps
A. Discharges requiring a trap include, but are not limited to those
containing:
(1) Grease or water containing grease in excessive amounts;
(2) Oil;
(3) Sand or gravel;
(4) Other floatable or settleable materials, if required by the City.
B. Any person responsible for discharges requiring a trap shall, at his
own expense, and as required by the City:
(1) Provide equipment and facilities of a type and capacity approved
by the City;
(2) Locate the trap in a manner that provides ready and easy
accessibility for cleaning and inspection;
(3) Maintain the trap in effective and operating condition.
Section 16.6 - Waste Hauling
A. No person shall discharge, unload, drain, flush or clean out any
wastewater transport truck, vacuum truck, pump truck, or other such
vehicle within the city unless such person has been issued a permit
by the City to perform such acts or services. All persons engaged in
the commercial hauling of waste materials in the city shall have a
permit therefor as required by this Ordinance.
8
B. Waste Hauling Permits shall be issued by the City upon proper
application and payment of a ten dollar ($10.00) permit fee. All
such permits shall be valid for one (1) year.
C. No person holding a Waste Hauling Permit shall unload or discharge
any waste or wastewater within the City except in a manner and at a
place specified by the City.
D. Before discharging under a Waste Hauling Permit, the City may require
the permit holder to furnish a sample of material being discharged.
Any material that is found not amenable to treatment shall not be
discharged.
E. Any person discharging normal strength wastewater into the sewage
system shall be charged at the regular commercial sewer rates.
Abnormal strength wastewater shall be charged an
industrial/commercial surcharge rate.
Section 16.7 - Excessive Discharge Prohibited
No person shall increase the use of process water or, in any way, attempt to
dilute a discharge as a substitute for adequate treatment, except as approved
by the City.
Section 16.8 - Industrial/Commercial Wastewater Discharge Permit Required
A. No major industrial/commercial user shall discharge industrial wastes
into the city sewage system without first obtaining a Wastewater
Discharge Permit from the City.
B. A permit may be required for any industrial or commercial user as
deemed necessary by the City.
C. All major industrial/commercial users presently connected to or
discharging to the city sewage system shall apply for a permit within
one hundred twenty (120) days after the effective date of this
Ordinance.
Section 16.9 - Permit Application
Major industrial/commercial users required to obtain a Wastewater Discharge
Permit shall complete and file with the Director, an application in the form
prescribed by the City. A permit fee of twenty-five dollars ($25.00) shall
accompany the application. New major industrial/commercial users shall apply
at least ninety (90) days prior to connecting to the sewage system. In
support of the application, the major industrial/commercial user shall submit
the information requested by the application form.
Section 16.10 - Permit Conditions
A. Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other applicable regulations,
user charges, and fees established by the City. Permits may contain
the following:
9
(1) Limits on the average and maximum wastewater constituents and
characteristics.
(2) Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization.
(3) Specification for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards
for tests and reporting schedules.
(4) Compliance schedules.
(5) Requirements for notification of the City of any new
introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents
being introduced into the wastewater treatment system.
(6) Other conditions as deemed appropriate by the City.
B. Permits shall be valid for one (1) year from date of issuance. A
permit may be issued for a period less than one year or may be stated
to expire on a specified date. The terms and conditions of the
permit may be subject to modification by the City during the term of
the permit. The user shall be informed of any proposed changes in
the permit at least thirty (30) days prior to the effective date of
change.
C. The user shall apply for permit reissuance a minimum of ninety (90)
days prior to expiration of the existing permit.
D. Permits are issued to a specified user for a specific operation. A
permit shall not be reassigned, transferred or sold to a new owner,
new user, different premises, or a new or changed operation without
approval of the City. Any succeeding owner or user shall also comply
with the terms and conditions of the existing permit.
Section 16.11 - Permit Suspension or Revocation
A. A permit issued under this Ordinance may be revoked or suspended when:
(1) The permittee violates one or more of the provisions of this
Ordinance or fails to comply with one or more conditions of a
permit.
(2) The permittee fails to factually report the constituents and/or
characteristics of his wastewater discharge or significant
changes in operations.
(3) The permittee refuses reasonable access to his premises for the
purpose of inspection, sampling or monitoring.
(4) Such action is necessary to prevent harm or damage to the sewage
system or treatment process, or to protect the health or welfare
of persons, animals or property.
B. The City may issue a written order suspending or revoking a permit
for violations specified in this Ordinance. Such order shall state
the nature of the violation and shall be served upon the permittee in
person or by certified or registered mail.
C. The City shall reinstate a suspended permit upon satisfactory proof
from the permittee that corrective action has been taken to correct
the conditions for which the permit was suspended.
10
D. A user whose permit has been revoked must apply for a new permit and
comply with all provisions and conditions required as though a permit
had not been issued.
Section 16.12 - Procedures For Abatement of Violations
A. Any person found to be violating any provisions of this Ordinance,
shall be served by the City written notice stating the nature of the
violation and providing a reasonable time limit for the satisfactory
correction thereof. The offender shall, within the period of time
stated in such notice, permanently cease all violations. If the
offender continues violation after the expiration of time stated, the
City may prohibit the further use of the sewage system by the
offender and may remove or close the offender's sewage and water
connections.
B. Any person who shall continue any violations begond the time limit
provided for in paragraph (A) above, shall be guilty of a
misdemeanor, and upon conviction thereof, shall be fined in an amount
not less than one dollar ($1.00) nor more than one thousand
($1,000.00) dollars for each violation. Each day in which such
violations exist shall be deemed a separate offense.
C. In an emergency situation, as determined by the City, the City may
immediately terminate sewer service and/or water service to any
user. An emergency situation exists when it appears to the City that
an actual or threatened discharge presents or may present an eminent
or substantial danger to the health or welfare of person, substantial
danger to the environment, interfere with the operation of the POTW,
violate any limits imposed by this Ordinance or any Wastewater
Discharge Permit issued pursuant to this Ordinance.
D. Any person violating any of the provisions of this Article shall
become liable to the City for any expense, loss or damage occasioned
by the City for reason of such violation.
Section 16.13 - Penalties
A. A person who violates any provision of this Ordinance is guilty of a
misdemeanor and upon conviction is punishable by a fine of not more
than one thousand dollars ($1,000.00) for each act in violation of
any provision and for each day any violation occurs.
B. Additionally, the City is entitled to pursue all other criminal and
civil remedies to which it is entitled under authority of statutes or
other ordinances against a person continuing prohibited discharges or
violating any other provisions of this Ordinance.
Section 16.14 - Determining the Character and Concentration of Wastewater
A. The wastewater discharged or deposited into the sewage system shall
be subject to periodic inspection and sampling as often as may be
deemed necessary by the City. Sampling shall be conducted according
to customarily accepted methods, reflecting the effect of
constituents upon the sewage system and determining the existence of
hazards to health, life, property and the environment.
11
B. The examination and analyses of the characteristecs of water and
wastes shall be:
(1) Conducted in accordance with the latest edition of "Standard
Methods," and
(2) Determined from suitable samples taken at the control manhole
provided or other control points authorized by the City.
C. The City may select an independent firm or laboratory to perform
sampling and laboratory analyses.
D. The determination of the character and concentration of industrial
wastewater shall be made by the City at such times and on such
schedules as the City may establish.
Section 16.15 - Sampling, Analyses, and Other Fees
A. The City may make such charges as are reasonable for services
rendered in administering the programs outlined in this ordinance.
Such charges may include, but are not limited to; permitting
activities, inspection, sample analysis, monitoring and enforcement.
B. If the City selects and independent firm or laboratory to perform
sampling and analyses, the City may at its option, allow the
independent firm or laboratory to send invoices directly to the
industrial/commercial users Eor services requested and approved by
the City.
Section 16.16 - Industrial/Commercial Wastewater Surcharge
A. Any person discharging abnormal strength wastewater or any person
classified as a major contributing industry or commercial firm under
Section 16.8, shall pay a monthly surcharge to the City to cover the
additional costs of treating such wastewater. The surcharge shall be
in addition to the nomthly sewer service charges.
B. The surcharge shall be calculated as follows:
C=(B(Bu-250) + S(Su-250)] x F x V
Where:
C = surcharge to the user in dollars
B = unit cost factor for treating one unit of BOD (per 1,000 gallons)
Bu = the tested BOD of the discharge
S = unit cost factor for treating one unit of TSS
Su = the tested TSS of the discharge
F = a factor of 8.34 to convert mg/L to pounds/gallon
V = monthly billing volume (discharge) in million gallons
250 = 'normal" BOD of 250 mg/L and "normal" TSS of 250 mg/L
12
Section 16.17 - Inspection and Sampling
A. Representatives of the City, the U. S. Envrionmental Protection
Agency, the Texas Water Commission, and the Texas Department of
Health, or any successor agency bearing proper credentials and
identification, shall be permitted to enter upon all properties Eor
the purpose of inspection, observation, measurement, sampling,
records examination and testing of the sewage system or any
wastewater dsicharged into the sewage system.
B. If the City selects an independent firm or laboratory to perform
sampling and analysis, representatives of the selected firm bearing
proper identification shall be permitted the same access to property
and facilities as representatives of the City.
C. The City shall carry out all inspection and monitoring procedures
necessary to determine compliance with applicable State and Federal
regulations. Anyone acting under this authority shall observe the
establishment's rules and regulations concerning safety, internal
security and fire protection.
D. No person acting under authority of this provision may inquire into
any processes including metallurgical, chemical, oil, refining,
ceramic, paper or other industries beyond that point having a direct
bearing on the kind and wource of discharge to the sewage system.
E. Except when caused by negligence or failure of a private
establishment to maintain safe conditions, the City shall indemnify
the private establishment against loss or damage to its property
caused by City employees and against liability claims and demands Eor
personal injury or property damage asserted against the private
establishment and growing out of any inspection or monitoring
operation.
Section 16.18 - Control Manhole
A. When necessary to monitor wastewater discharged into the sewage
system, the City may require the installation of a suitable control
manhole in order to adequately sample and measure such wastewater.
Installation of such flow meters, equipment and accessories as deemed
necessary by the City may also be required
B. Required control manholes shall be located to provide ample room in
or near the facility to allow accurate sampling and preparation of
samples Eor analyses. The manhole and any required installed
equipment shall be maintained by the user at all times in safe and
proper operating condition.
C. Before beginning construction of a control manhole, the user shall
submit plans to the Director for review and approval to insure
compliance with this section. Plans must include any meters or other
equipment required to be installed.
13
Section 16.19 - Pretreatment Required
A. Industrial/commercial users shall provide necessary wastewater
treatment as required to comply with this Ordinance, Federal
Categorical Pretreatment Standards, and any State or Federal
pretreatment regulation. Any facilities required to pretreat
wastewater to a level acceptable to the City shall be provided,
operated and maintained at the user's expense.
B. Before beginning construction of pretreatment Facilities, the user
shall submit detailed plans and operating procedures Eor the facility
to the Director for review and approval. Th review of such plans and
procedures will in no way relieve the user from the responsiblity of
modifying the facility as necessary to produce an effluent acceptable
to the City under the provisions of this Ordinance.
C. Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be acceptable to the City prior to
the user's initiation of the changes.
D. All records relating to compliance with the Categorical Pretreatment
Standards shall be made available to officials of the City, State or
Environmental Protection Agency upon request.
E. The determination of the character and concentration of industrial
wastewater shall be made by the City at such times and on such
schedules as the City may establish.
Section 16.20 - Falsifying Information
Any person who knowingly makes any false statements, representation or
certification in any application, record, report, plan or other document filed
or required to be maintained pursuant to this Ordinance, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device or method
required under this Ordinance, shall, upon conviction, be punished by a fine
of not more than one thousand dollars ($1,000.00) for each conviction.
Section 16.21 - Accidental Discharges
A. Each user shall provide protection from accidental discharge of
prohibited materials or other substances regulated by this
Ordinance. Facilities to prevent accidental discharge of prohibited
materials shall be provided, operated and maintained at the user's
expense.
B. In the case of an accidental discharge, the user is responsible to
immediately telephone and notify the City of the incident. The
notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions.
C. Within five (5) days following an accidental discharge, the user
shall submit to the Director a written report describing the cause of
the discharge and the action to be taken by the user to prevent
similar future occurrences. This notification shall not relieve the
user of any expense, loss, damage, fines, civil penalties, or other
liablility which may be incurred as a result of the accidental
discharge.
14
D. A notice shall be permanently posted on the user's bulletin board or
other prominent place advising employees whom to call in the event of
a accident discharge. Users shall ensure that all employees who may
cause such a discharge are advised of the emergency notification
procedure.
E. Each major industrial/commercial user shall submit detailed plans
showing facilities and operating procedures to prevent accidental
discharge of prohibited substances to the City for review and
approval. Each existing major industrial/commercial user shall
submit such plans with the dischrage permit application required by
Section 16.9. After the effective date of this Ordinance, no major
industrial/commercial user shall be permitted to commence discharging
into the sewage system until accidental discharge procedures have
been approved.
F. Users identified in E. above shall not begin construction of any
facilities to control accidental discharges until the plans are
approved by the City. Review and approval of such plans and
operating procedures shall not relieve the user from the
responsibility to modify the user's facility as necessary to meet the
requirements of this Ordinance.
Section 16.22 - Confidential Information
A. Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from
inspections shall be available to the public or other governmental
agencies without restriction unless the user specifically requests
and is able to demonstrate to the satisfaction of the City that the
release of such information would divulge information, processes or
methods of production entitled to protection as trade secrets of the
user.
B. When requested by the person furnishing a report, the portions of a
report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses
related to this Ordinance, the NPDES Permit, Texas Water Commission
permit and/or the Pretreatment Programs; provided, however, that such
portions of a report shall be available for use by a State or Federal
agency in judicial review or enforcement proceedings involving the
person furnishing the report. Wastewater constituents and
characteristics will not be recognized as confidential information.
C. Information accepted by the City as confidential, shall not be
transmitted to any governmental agency or to the general public by
the City until and unless a ten-day notification is given to the user.
section 16.23 - Inventory of Toxic and Hazardous Chemicals
A. Each industrial/commercial user regulated by this ordinance shall
prepare an inventory (list) of all toxic or hazardous chemicals used
or stored at their facilities. The inventory shall show the name of
each chemical, quantity stored (or normally present), specific
building or storage location within the facility, annual useage, and
name and telephone number of person responsible for preparing the
inventory.
15
B. The inventory shall be completed within one hundred twenty (120) days
after the effective date of this ordinance. One copy of the
inventory shall be mailed to the Director and one copy to the Fire
Marshall, City of Wylie.
Section 16.24 - Severability Clause
The provisions of this Article are severable. If any word, phrase, clause,
sentence, section, provision or part of this Article should be held to be
invalid or unconstitutional, it shall not affect the validity of the remaining
portions, and it is hereby declared to be the City's legislative intent that
this Article would have been passed as to the remianing protions, regardless
of the invalidity of any part.
Section 16.25 - Conflict
Ordinance No. 85-41 of the city is hereby repealed and all other Ordinances
and parts of Ordinances in conflict with the provisions of the Ordinance are
hereby repealed to the extent of such conflict.
This ordinance shall be in full and effect after its passage, approval and
publication as provided by law.
The passage of this ordinance constitutes an emergency and an imperative
Public necessity that the Charter Rule requiring that City Ordinances be read
at three (3) separate meetings of the City Council be suspended and said rule
is hereby suspended, and this ordinance shall take effect immediately upon its
passage.
Pass and approved on emergency reading at a regular meeting of the City
Council on the day of , 1986 with all members
present voting "aye" for the passage of same.
APPROVED:
Mayor
ATTEST:
City Secretary
•
FULBRIGHT & JAWORSKI
2001 Bryan Tower,Suits f100 Houston
Dallas, Taxas,76201 Washington,aC
Austin
Tabphona:2141969-0022 San Antonio
Dallas
London
Zurich
October 9, 1986
VIA FEDERAL EXPRESS
Mr . James Johnson
Finance Director
City of Wylie
108 South Jackson
Wylie, Texas 75098
Re: Personal Property Finance Contract
Dear Mr . Johnson:
Enclosed please find a draft of the ordinance authoriz-
ing the personal property finance contract and such contract .
Both of the items here enclosed are in substantially the forms
to be acted upon, subject to having the terms of the transac-
tion filled in.
Exhibit A will list the three ambulances to be ac-
quired. Exhibit B will list the debt service which we under-
stand will include $25, 000 for 1987 through 1989 and $30,000
for 1990 and 1991, together with interest payable semi-annually.
Please call if you have any questions.
Very truly yours,
Mark S. Westergard
For the Firm
MSW/lc
Enclosures
•
AN ORDINANCE approving and authorizing the execution
of a Personal Property Finance Contract
pertaining to the acquisition of personal
property; providing for the payment of such
Contract by levying a continuing direct
annual ad valorem tax for the payment of
payments thereunder and the delivery of a
Note in evidence thereof; pledging certain
funds, revenues and taxes to the payment of
the contract obligation; resolving other
matters incident and related to the payment
of such Contract; and declaring an emergency.
WHEREAS, the City Council of the City of Wylie, Texas
(the "City") has determined that it is necessary to provide for
the use, acquisition and purchase of certain personal property
for use in its operations; and
WHEREAS, to facilitate the acquisition of such property,
the City Council has determined that it is desirable to enter
into a Personal Property Finance Contract relating to the ac-
quisition of such property (the "Contract") ; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1: Findings; Execution and Delivery of
Contract . It is hereby found and determined that :
(a) all of the property to be acquired under the
Contract is personal property, and during the term of the
Contract is to remain personal property;
(b) the Contract, including its form as a personal
property finance contract, and the terms and conditions thereof
are deemed to be appropriate by this governing body;
(c) the Contract shall be made payable from revenues,
funds, and taxes, as permitted by Section 4(a) of the Public
Property Finance, Act, Article 2368a.2 V.A.T.C.S. (the "Act") ;
(d) the property to be acquired pursuant to the
Contract will not be used in the trade or business of any per-
son other than the City and none of the principal or interest
on the Contract will be paid, directly or indirectly, by pay-
ments from any person other than the City;
(e) the City is a governmental unit with general
taxing powers and the Contract will enable the City to finance
operations of or facilities for the City (i .e. personal proper-
ty required by the City) and the aggregate face amount of all
governmental purpose obligations the interest on which is ex-
empt from federal income tax issued by or on behalf of the City
in 1986 will not exceed $5, 000, 000; and
(f) the Contract is a Qualified Tax-Exempt Obligation
for purposes of the disallowance rule with respect to interest
expense of financial institutions .
The execution and delivery of the Contract by the Mayor,
substantially in the form attached hereto as Exhibit "A" , to
facilitate the use, acquisition and purchase of the personal
property described in Exhibit A to the Contract, all as autho-
rized pursuant to the Act, is hereby authorized. The Mayor,
City Secretary, City Manager, and Director of Finance, any one
of the foregoing officials or all , are hereby authorized and
directed to furnish and execute such documents relating to the
City and its financial affairs as may be necessary for the
delivery of the Contract, the approval of the Attorney General
and registration by the Comptroller of Public Accounts . The
City Manager and the Director of Finance, either or both, are
authorized to take such action as may be necessary to qualify
the interest on the Contract as interest which is excludable
from the gross income of the recipient thereof under the
Internal Revenue Code. Specifically, without limitation, the
City Manager and Director of Finance are delegated the power,
acting on behalf of the City, to make representations and to
make covenants to bind the City regarding the use and ownership
of the property to be acquired, the use of the proceeds ad-
vanced to the City pursuant to the Contract, the investment of
any funds resulting from or pledged to the payment of the
Contract and the yield on the Contract; insofar as such repre-
sentations and covenants are required by law in order for the
interest on the Contract to be excludable from the gross income
of the recipient thereof under the Internal Revenue Code.
SECTION 2 : Levy of Taxes . To provide for the payment
of the "Debt Service Requirements" of the Contract being (i)
the interest on the Contract and (ii) a sinking fund for pay-
ment of the principal on the Contract as specified on Exhibit B
to the Contract or a sinking fund of 2% (whichever amount is
the greater) , there is hereby levied, and there shall be annu-
ally assessed and collected in due time, form, and manner, a
tax on all taxable property in the City, within the limitations
prescribed by law, and such tax hereby levied on each one hun-
dred dollars ' valuation of taxable property in the City for the
Debt Service Requirements of the Contract shall be at a rate
from year to year as will be ample and sufficient to provide
funds each year to pay the principal of and interest on said
Contract until paid; full allowance being made for delinquen-
cies and costs of collection; the taxes levied, assessed, and
collected for and on account of the Contract shall be accounted
for separate and apart from all other funds of the City and
-2-
j/5
shall be deposited in the "Special 1986 Personal Property
Finance Contract Fund" (the " Interest and Sinking Fund" ) to be
maintained at an official depository of the City' s funds; and
such tax hereby levied, and to be assessed and collected annu-
ally, is hereby pledged to the payment of the said Debt Service
Requirements.
Proper officers of the City are hereby authorized and
directed to cause to be transferred to
from funds on deposit in the Interest and Sinking Fund, amounts
sufficient to fully pay and discharge promptly each installment
of interest and principal of the Contract as the same accrues
or comes due; such transfers of funds to be made in such manner
as will cause collected funds to be deposited with
on or before each principal and interest
payment date for the Contract .
SECTION 3 : Public Meeting . It is officially found,
determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice
of the time, place, and subject matter of the public business
to be considered at such meeting, including this Ordinance, was
given, all as required by Article 6252-17, Vernon' s Texas Civil
Statutes, as amended.
SECTION 4 : Emergency. That the public importance of
this measure and the fact that the acquisition of the personal
property pursuant to the Contract herein authorized are urgent-
ly needed and should be acquired at the earliest possible date
to preserve the health and safety of the City and its citizens
constitutes and creates an emergency relating to the immediate
preservation of the public peace, health and safety of the City
and its citizens, requiring that any Charter provision that all
ordinances and the descriptive caption thereof shall be read at
two regular Council meetings be suspended and requiring that
this ordinance be passed and take effect as an emergency mea-
sure, and such rule is accordingly suspended and this ordinance
is passed as an emergency measure and shall take effect and be
in full force from and after its passage.
PASSED AND ADOPTED, this , 1986 .
CITY OF WYLIE, TEXAS
Mayor
ATTEST:
City Secretary
(City Seal)
2 2 4 8 E
-3-
PERSONAL PROPERTY FINANCE CONTRACT
between
and
THE CITY OF WYLIE, TEXAS
Dated as of October 1, 1986
Table of Contents
Page
Preamble 1
ARTICLE I
DEFINITIONS AND EXHIBITS
Section 1 . 1 Definitions 1
Section 1.2 Exhibits 3
ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES
Section 2 . 1 Representations, Covenants and Warranties
of the City 4
Section 2 .2 Representations, Covenants and Warranties
of the Company 5
ARTICLE III
CONTRACT FOR USE, ACQUISITION, OR PURCHASE OF PROPERTY
Section 3 . 1 Contract for Use, Acquisition, or Purchase
of Property 6
ARTICLE IV
TERM OF CONTRACT
Section 4 . 1 Contract Term 6
Section 4 .2 Termination of Contract 6
ARTICLE V
CONTRACT PAYMENTS
Section 5 . 1 Contract Payments 6
Section 5.2 Payment Obligation Unconditional 7
Section 5.3 Nature of Payments 7
ARTICLE VI
INSURANCE AND INDEMNIFICATION
Section 6 . 1 Liability Insurance 7
Section 6.2 Property Insurance 7
Section 6.3 Requirements For All Insurance 8
ARTICLE VII
OTHER OBLIGATIONS OF THE CITY
Section 7. 1 Use; Permits 8
Section 7 . 2 Maintenance of Property by the City 8
ARTICLE VIII
TITLE
Section 8 . 1 Title; Ownership in the City 8
Section 8 . 2 Identification of Property 8
Section 8 . 3 Liens 9
Section 8 .4 Installation of City' s Property 9
Section 8 . 5 Modification of Property 9
Section 8 . 6 Personal Property 10
Section 8 . 7 Uniform Commercial Code Filings 10
ARTICLE IX
PROPERTY WARRANTIES
Section 9 . 1 Selection of Property 10
Section 9 .2 Installation and Maintenance of Property 10
Section 9 .3 Disclaimer of Warranties 10
ARTICLE X
COMPLIANCE WITH CODE;
INTEREST TO BE AND REMAIN TAX-EXEMPT
Section 10 . 1 Special Covenants 11
ARTICLE XI
ASSIGNMENT AND LEASING PROHIBITED
Section 11 . 1 Assignment and Leasing by the City
Prohibited 12
ARTICLE XII
EVENTS OF DEFAULT AND REMEDIES
Section 12 . 1 Events of Default Defined 13
Section 12 .2 Remedies on Default 14
Section 12 .3 No Remedy Exclusive; 14
Section 12 .4 Agreement to Pay Attorney' s Fees
and Expenses 14
ARTICLE XIII
ADMINISTRATIVE PROVISIONS
Section 13 . 1 Notices 15
Section 13 .2 Financial Information 15
Section 13 .3 Binding Effect 15
Section 13 .4 Severability 15
Section 13 . 5 Amendments, Changes and Modifications 15
Section 13 . 6 Captions 16
Section 13 . 7 Time of Essence 16
Section 13 . 8 Execution in Counterparts 16
Section 13 .9 No Usury 16
Section 13 . 10 Applicable Law 16
Section 13 . 11 Consent to Jurisdiction; Waiver
of Immunities 16
Section 13 . 12 Entire Agreement 17
Signature Page 17
************
EXHIBIT A Property
EXHIBIT B Schedule of Payments
EXHIBIT C Certificate of Acceptance
EXHIBIT D The City' s Certificate of Representation and
Incumbency
EXHIBIT E Ordinance of the City Authorizing the Execution
of the Contract
EXHIBIT F Form of Contract Supplement
EXHIBIT G Form of Note
PERSONAL PROPERTY FINANCE CONTRACT
THIS PERSONAL PROPERTY FINANCE CONTRACT dated as of
October 1, 1986 (this "Contract") , between
(the "Company" ) , a private corporation incorporated under the
laws of the State of Texas, and the CITY OF WYLIE, TEXAS (the
"City") , a political subdivision of the State of Texas;
WITNESSET H:
WHEREAS, the City is authorized by the Public Property
Finance Act, Tex. Rev. Civ. Stat. Ann. art. 2368a . 2 (Vernon' s
Supp. 1986) (the "Act") to execute, perform and make payments
under contracts with any person for use, acquisition, or pur-
chase of any property (as defined in the Act) ;
NOW, THEREFORE, in the joint and mutual exercise of
their powers , and in consideration of the mutual covenants
herein contained, the parties hereto recite and agree as
follows :
ARTICLE I
DEFINITIONS AND EXHIBITS
Section 1 . 1 Definitions . Unless the context other-
wise requires, the terms defined in this Section shall, for all
purposes of this Contract, have the meanings herein specified.
"Additional Payment" means all amounts other than
Payments payable by the City under this Contract .
"Certificate of Acceptance" means a certificate of a
Responsible Officer of the City, stating that all of the
Property described therein has been acquired and accepted by
the City, substantially in the form of Exhibit C of this
Contract . In the event the City acquires Property in install-
ments, a Certificate of Acceptance shall be executed with re-
spect to each installment of Property.
"City" means the political subdivision of the State
identified as the City in the first paragraph of this Contract .
"Closing Date" means the date upon which this Contract
is delivered by the Company and the City and moneys are ad-
vanced by the Company to the City pursuant to Section 3 . 1 of
this Contract .
"Code" means the Internal Revenue Code.
"Collateral" means the Property wherever located and
includes any modifications to, substitutions for or additions
thereto.
"Company" means the identified as
the Company in the first paragraph of this Contract .
"Contract" means this Personal Property Finance
Contract, including all Exhibits , each Contract Supplement and
all amendments or supplements thereto.
"Contract Supplement" means a document in substantially
the form attached hereto as Exhibit F, which, upon the execu-
tion and delivery thereof, shall constitute a part of this
Contract to the same extent as if the provisions thereof were
set forth in full in this Contract. The terms "Contract" ,
"hereof" , "herein" and "hereunder" , as used in this Contract
and a Contract Supplement, shall mean and refer to this
Contract and a Contract Supplement .
"Fiscal Year" means the twelve-month fiscal period of
the City.
"Indebtedness" means amounts due to the Company under
this Contract, whether principal , interest, or otherwise.
"Independent Counsel" means an attorney duly admitted to
practice law before the highest court of any state who is not a
full-time employee, director or officer of the Company or the
City.
"Net Proceeds" means any insurance proceeds paid with
respect to the Property, remaining after payment therefrom of
all expenses incurred in the collection thereof .
"Payments" means the amounts payable by the City to the
Company on each Payment Date as described on Exhibit B attached
to this Contract which includes principal installment payments
in the amount specified on Exhibit B and the amount of interest
due thereon at the interest rate or rates, and in the amounts,
specified on Exhibit B.
"Permitted Encumbrances" means and includes :
(a) The lien of this Contract .
(b) Mechanic ' s, materialmen' s, workmen' s,
vendor ' s, or other undetermined liens and charges
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incident to acquisition, installation or mainte-
nance provided that the same shall be discharged in
the ordinary course of business .
(c) The lien of taxes and assessments which
are not delinquent .
(d) The lien of taxes and assessments which
are delinquent but the amount or validity of which
is being contested in good faith.
"Property" means the personal property described on the
attached Exhibit A which is to be acquired by the City in ac-
cordance with the terms of law and this Contract .
"Responsible Officer" means an officer or other person
designated by official action of the governing body of the
Company or the City, as the case may be, to act in the capacity
of Responsible Officer for the designating party.
"Specifications" means the bid specifications and/or
purchase order pursuant to which the City has ordered the
Property.
"State" means the State of Texas .
"State and Federal Law" or "Laws" means the Constitution
and any law of the State and any rule or regulation of any
agency or political subdivision of the State; and any law of
the United States, and any rule or regulation of any federal
agency.
"Term" or "Term of this Contract" means in respect to
this Contract, that period specified in Section 4 . 1 hereof .
Section 1.2 Exhibits . The following Exhibits are
attached to and by reference made a part of this Contract :
Exhibit A: A description of the Property to be
acquired by the City, including the serial number,
if any, and invoice price thereof when available.
Exhibit B: A schedule showing the dates on
which Payments are due and the amounts thereof and
each Payment Date.
Exhibit C: A form of Certificate of Acceptance
of the City indicating that the item or items of
Property described therein has or have been deliv-
ered and has or have been accepted by the City and
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that certain other requirements have been met by
the City.
Exhibit D: A form of Certificate of
Representations and Incumbency of the City relating
to certain authorized representatives of the City
and the authority, the offices or positions, signa-
tures and qualifications of the persons executing
on behalf of the City this Contract and other docu-
ments relating thereto.
Exhibit E: The ordinance of the City authoriz-
ing execution of this Contract, as described in
Section 2 . 1(b) hereof .
Exhibit F: The form of Contract Supplement .
Exhibit G: The form of the Note.
ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES
Section 2 . 1 Representations, Covenants and Warranties
of the City. The City represents, covenants and warrants as
follows :
(a) The City is a political subdivision of the
State authorized under the Constitution and laws of
the State to enter into this Contract and the
transactions contemplated hereby, and to perform
all of its obligations hereunder .
(b) The officer of the City executing this
Contract has been duly authorized to execute and
deliver this Contract by appropriate action of the
governing body of the City, evidence of such action
is attached hereto as Exhibit E, and the City has
taken all action and complied with all applicable
procedures necessary to insure enforceability of
this Contract.
(c) The City will not pledge, mortgage or
assign this Contract, or its duties and obligations
hereunder, to any other person, firm or corporation
except as provided under the terms of this Contract .
(d) The final budget for each Fiscal Year
during the Term of this Contract shall set aside
and appropriate an amount sufficient to pay the
obligations of the City hereunder.
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(e) Upon delivery and acceptance of each item
of the Property, the City will provide to the
Company a completed and executed copy of the
Certificate of Acceptance attached hereto as
Exhibit C.
(f) Unless exempt by law, the City will comply
with and satisfy all competitive bidding require-
ments with respect to the acquisition and purchase
of each item of Property.
(g) To provide for the Payments, the City has
levied a tax on all taxable property within the
boundaries of the City, within the limitations
prescribed by law, at a rate from year to year as
will be ample and sufficient together with other
funds and revenues available for the purpose to
provide funds each year to pay the Payments, full
allowance being made for delinquencies and costs of
collection, and such tax together with other funds
and revenues available for the purpose have been
pledged to the payment of the Payments as the same
shall become due and payable under this Contract,
all as provided in the ordinance authorizing the
execution of this Contract .
(h) The duties of the officials of the City to
do and perform the actions mentioned in paragraphs
(d) and (g) of this section are ministerial duties,
and that the tax levied and to be annually assessed
and collected may not exceed the amount of tax
permitted by applicable law.
Notwithstanding any other provision of this
Contract, the parties hereto recognize that para-
graphs (d) , (g) , and (h) of this section prevail
over any other provision of this document .
Section 2 . 2 Representations, Covenants and Warranties
of the Company. The Company represents, covenants and warrants
as follows :
(a) The Company is possessed of full power and
authority to enter into this Contract .
(b) Neither the execution and delivery of this
Contract, nor the fulfillment of or compliance with
the terms and conditions hereof, nor the consumma-
tion of the transactions contemplated hereby, con-
flicts with or results in a breach of the terms,
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conditions or provisions of any restriction or any
agreement or instrument to which the Company is now
a party or by which the Company is bound, consti-
tutes a default under any of the foregoing .
ARTICLE III
CONTRACT FOR USE, ACQUISITION, OR PURCHASE OF PROPERTY
Section 3 . 1 Contract for Use, Acquisition, or
Purchase of Property. The Company, for and in consideration of
the Payments, and the covenants and agreements hereinafter
contained, and by these presents, advances the principal amount
specified on Exhibit B hereto, to the City for the purpose of
acquiring the Property and the City accepts such principal
amount and agrees to use such principal amount to acquire the
Property and to make the Payments in the amounts, and bearing
interest at the rates, specified on Exhibit B hereto.
ARTICLE IV
TERM OF CONTRACT
Section 4 . 1 Contract Term. The term of this Contract
shall commence on the Closing Date and expire on the later of
the final payment date shown on Exhibit B or the date all
Indebtedness is paid; provided this Contract may be terminated
prior to such expiration date as provided in Section 4 . 2 hereof .
Section 4 . 2 Termination of Contract. The Term of
this Contract will terminate prior to the expiration thereof
upon the occurrence of a default by the City and the Company' s
election to terminate this Contract pursuant to Article XII .
ARTICLE V
CONTRACT PAYMENTS
Section 5 . 1 Contract Payments . As provided in
Section 3 . 1 and this Article, the City agrees to pay Payments
(including principal payments and interest on the unpaid prin-
cipal) for the Term of this Contract and in evidence thereof
will deliver to the Company a Note in substantially the form
attached hereto as Exhibit G . Payments shall be due in the
amounts shown on Exhibit B attached hereto and shall be payable
to the Company on or before the Payment Date during the Term of
this Contract.
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Section 5 . 2 Payment Obligation Unconditional . The
obligation of the City to pay Payments pursuant to this
Contract is absolute and unconditional and is not subject to
offset or abatement for any reason whatsoever .
Section 5 . 3 Nature of Payments . The aggregate of the
Payments due over the Term of this Contract is represented and
acknowledged by the City to be debt of the City incurred by the
City in the exercise of its borrowing power and due and proper
provision for the payment of such debt has been duly made by
the levy of an ad valorem tax upon all taxable property in the
City, within the limitations prescribed by law.
ARTICLE VI
INSURANCE AND INDEMNIFICATION
Section 6 . 1 Liability Insurance. Upon receipt and
acceptance of the Property, (to the extent that such risk is
not barred by the Texas Tort Claim Act) the City shall obtain
insurance, or shall self-insure, in an amount sufficient to
assure that any liability for injuries to or death of any per-
son or damage to or loss of property arising out of or in any
way relating to the condition or the operation of the Property
or any part thereof is covered.
Section 6 . 2 Property Insurance. In a manner consis-
tent with State law, upon receipt of possession of the
Property, the City shall have and assume the risk of loss with
respect thereto . The City shall obtain and maintain continu-
ously in effect during the Term of this Contract, including any
extensions , from whatever source legally available (including
self-insurance) , all-risk insurance (including flood and earth-
quake coverage, if applicable) . If any such policy is obtained
or caused to be obtained from a private insurer, then such
coverage is subject only to the standard exclusions contained
in the policy, in such amount as will be at least sufficient so
that a claim may be made for the full replacement cost or any
part thereof damaged or destroyed. Such insurance may be pro-
vided by a rider to an existing policy or under a separate
policy. Such insurance may be written with customary deducti-
ble amounts . The Net Proceeds of insurance required by this
Section shall be applied to the prompt repair, restoration or
replacement of the Property, unless the City elects not to
repair, restore or replace the Property in which case the Net
Proceeds will be applied to the Payments due hereunder in in-
verse order of due date. If the City elects to have the pro-
ceeds applied to the repair, restoration and replacement of
Property, then any Net Proceeds in excess of the costs of the
repair, restoration or replacement shall be applied as a credit
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to the Payments due hereunder in inverse order of due date.
Any remaining Net Proceeds shall be applied to amounts due the
Company, thereafter to the City.
Section 6 . 3 Requirements For All Insurance. All
insurance policies including all applicable riders, addenda,
clauses or otherwise, required by this Article shall be ob-
tained from and maintained with responsible insurance companies
qualified to do business in the State; and shall contain a
provision that the insurer shall not cancel or revise coverage
thereunder without giving written notice to the insured parties
at least ten (10) days before the cancellation or revision
becomes effective. All insurance policies, riders, addenda,
clauses or letters of coverage required by Section 6 . 1 and 6 . 2
shall name the City, as insured party.
ARTICLE VII
OTHER OBLIGATIONS OF THE CITY
Section 7. 1 Use; Permits . The City shall exercise
due care in the installation, use, operation and maintenance of
the Property. The City shall comply with all State and Federal
laws applicable to the installation, use, possession and opera-
tion of the Property, and if compliance with any such State and
Federal law requires changes or additions to be made to the
Property, such changes or additions shall be made by the City
at its expense.
Section 7.2 Maintenance of Property by the City. The
City shall , at its own expense, maintain, preserve and keep the
Property in good repair, working order and condition, and shall
from time to time make all repairs and replacements necessary
to keep the Property in such condition. The Company shall have
no responsibility for any such repairs or replacements, or with
respect to any warranty or other terms of the sale and purchase
thereof from the original supplier of the Property.
ARTICLE VIII
TITLE
Section 8. 1 Title; Ownership in the City. During the
Term of this Contract, title to and ownership of the Property
and any and all repairs, replacements , substitutions and modi-
fications of the Property shall be in the City.
Section 8.2 Identification of Property. The City
will join with the Company in executing such financing state-
ments or other documents and will perform such acts as the
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Company may reasonably request to establish and evidence any
security interest of the Company in the Property. If requested
by the Company, the City shall conspicuously mark the Property
with appropriate lettering, labels or tags, and maintain such
markings during the Term of this Contract .
Section 8 . 3 Liens . During the Term of this Contract,
the City shall not, directly or indirectly, create, incur,
assume or suffer to exist any mortgage, pledge, lien, charge,
encumbrance or claim on or with respect to the Property, other
than the respective rights of the Company and the City as here-
in provided and Permitted Encumbrances . The City shall prompt-
ly, at its own expense, take such action as may be necessary to
discharge or remove any such mortgage, pledge, lien, charge,
encumbrance or claim if the same shall arise at any time. The
City shall reimburse the Company for any expense incurred by
the Company in order to discharge or remove any such mortgage,
pledge, lien, charge, encumbrance or claim.
Section 8 .4 Installation of City' s Property. The
City may at any time and from time to time, in its sole discre-
tion and at its own expense, install other items of equipment
in or upon the Property, which items shall be identified by
tags or other symbols affixed thereto as property of the City.
All such items so identified shall remain the sole property of
the City, in which the Company shall have no interest, and may
be modified or removed by the City at any time provided that
the City shall repair and restore any and all damage to the
Property resulting from the installation, modification or re-
moval of any such items . Nothing in this Contract shall pre-
vent the City from purchasing items to be installed pursuant to
this Section under a conditional sale or lease with option to
purchase contract, or subject to a vendor ' s lien or security
agreement, as security for the unpaid portion of the purchase
price thereof, provided that no such lien or security interest
shall attach to any part of the Property. Additions to
Property not readily removable without causing substantial
damage or loss of value to the Property or any items not remov-
able as aforesaid shall constitute Property hereunder .
Section 8 .5 Modification of Property. The City
shall, at its own expense, and in addition to but not in limi-
tation of its obligations under Section 7 .2 , have the right to
make repairs to the Property, and to make repairs, replace-
ments, substitutions and modifications to all or any of the
parts thereof . All such work and any part or component used or
installed to make a repair or as a replacement, substitution or
modification, shall thereafter comprise part of the Property
and be subject to the provisions of this Contract . Such work
shall not in any way damage the Property; and the Property,
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upon completion of any such work shall be of a value which is
not less than the value of the Property immediately prior to
the commencement of such work. Any Property for which a re-
placement or substitution is made pursuant to this Section may
be disposed of by the City in such manner and on such terms as
are determined by the City. The City will not permit any me-
chanic' s or other lien to be established or remain against the
Property for labor or materials furnished in connection with
any repair, replacement, substitution or modification made by
the City pursuant to this Section.
Section 8. 6 Personal Property. The Property is and
shall at all times be and remain personal property. The
Property or any part thereof may not be or hereafter become in
any manner affixed or attached to or embedded in or permanently
rested upon real property or any building thereon or attached
in any manner that will cause the same to be considered a part
of the realty under State law.
Section 8 . 7 Uniform Commercial Code Filings . Simul-
taneously with the exception and delivery of this Contract, the
City has executed and delivered two UCC-1 Financing Statements,
one to be filed in the Office of the Secretary of State for the
State of Texas and the other to be filed in the Office of the
County Clerk for the county in which the Property will be lo-
cated. The City covenants and agrees that it will execute and
deliver any additional UCC-1 Financing Statements required by
the Company in connection with this Contract.
ARTICLE IX
PROPERTY WARRANTIES
Section 9 . 1 Selection of Property. The Property has
been selected by the City, and the Company has not had and
shall have no responsibility in connection with the selection
of the Property or its suitability for the use intended by the
City.
Section 9 .2 Installation and Maintenance of Property.
The Company shall have no obligation to install, erect, test,
inspect, service or maintain the Property under any circum-
stances, and any such obligation or obligations provided under
the terms of the purchase and sale thereof, shall be assumed by
the City.
Section 9 .3 Disclaimer of Warranties . INSOFAR AS THE
COMPANY IS CONCERNED, THE PROPERTY IS DELIVERED AS IS, AND THE
COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR
IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY,
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FITNESS OR USEFULNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR
THE USE CONTEMPLATED BY THE CITY OF THE PROPERTY, OR ANY OTHER
REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROPERTY. NO
BREACH OF WARRANTY SHALL AFFECT THE OBLIGATION OF THE CITY TO
REMIT THE PAYMENTS PRESCRIBED HEREUNDER. THIS DISCLAIMER IS
GIVEN BY THE COMPANY ONLY AND IS NOT INTENDED, NOR SHALL IT BE
CONSTRUED, TO AMEND, MODIFY OR OTHERWISE AFFECT THE GUARANTEES
AND WARRANTIES, IF ANY, PROVIDED BY THE MANUFACTURER, WHOLESALE
DISTRIBUTOR, OR ANY OTHER PARTY WITH RESPECT TO THE PROPERTY.
ARTICLE X
COMPLIANCE WITH CODE;
INTEREST TO BE AND REMAIN TAX-EXEMPT
Section 10 . 1 Special Covenants . It is the intent of
the parties to this Contract that the interest on this Contract
be and remain excludable from the gross income of the recipient
thereof under Sections 103 and 141 through 150 of the Internal
Revenue Code of 1986 . The City agrees to take all action nec-
essary and reasonably within its control to comply with such
sections of such Code and covenants, without limiting the gen-
eral covenant of compliance herein, specifically as follows :
(1) None of the proceeds of the Contract will
be used (directly or indirectly) in any trade or
business carried on by any person other than the
City;
(2) The City will be the owner of the Property
and no person other than the City will have actual
or beneficial use of the Property pursuant to a
lease, a management or incentive payment contract
or any other arrangement such as a take-or-pay or
other output-type contract;
(3) None of the payments of principal or in-
terest on the Contract are to be made (directly or
indirectly, and whether or not to the City) with
respect to a trade or business use of the Contract
proceeds, or are otherwise secured by payments or
property used in a trade or business of a person
other than the City;
(4) The principal of and interest on the
Contract are payable from revenues collected from
the tax levied by the Ordinance, a form of which is
attached hereto as Exhibit E, and such tax is a
generally applicable tax levied and to be assessed
and collected against all taxable property within
the City as described in the Ordinance;
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(5) The Ordinance authorizes and directs the
City Manager and Director of Finance to make repre-
sentations and covenants to bind the City which are
required by law in order for the interest on the
Contract to be excludable from the gross income of
the recipient thereof under the Internal Revenue
Code of 1986 and the City will comply with such
representations and covenants and will not take any
subsequent intentional actions after the Closing
Date to earn arbitrage;
(6) The City will not issue, and will not
authorize the issuance by any other governmental
unit subordinate to it under applicable State or
local law of, more than $5,000,000 in governmental
bonds (or any other evidence of indebtedness in-
curred pursuant to the borrowing power of the City)
during 1986, the calendar year during which the
Closing Date will occur; and
(7) No assignment or reassignment of any of
the Company' s right, title or interest in this
Contract or the Property shall be effective unless
and until the City shall have received a duplicate
original counterpart of the document by which the
assignment or reassignment is made, disclosing the
name and address of each such assignee; provided,
however, that if such assignment is made to a bank
or trust company as paying or escrow agent for
holders of certificates of participation in the
Contract, it shall thereafter be sufficient that a
copy of the agency agreement shall have been depos-
ited with the City until the City shall have been
advised that such agency agreement is no longer in
effect . During the Contract term the City shall
keep a complete and accurate record of all such
assignments in form necessary to comply with the
"bond registration requirements" of the Internal
Revenue Code of 1986 (as formerly codified in
Section 103(j ) of the Internal Revenue Code of
1954, and as amended by such 1986 Code) , and the
regulations, proposed or existing, from time to
time promulgated thereunder .
ARTICLE XI
ASSIGNMENT AND LEASING BY CITY PROHIBITED
Section 11. 1 Assignment and Leasing by the City
Prohibited. Neither this Contract nor the City' s interest in
the Property may be assigned or leased by the City.
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ARTICLE XII
EVENTS OF DEFAULT AND REMEDIES
Section 12 . 1 Events of Default Defined. The following
"events of default" under this Contract and the terms "events
of default" and "default" shall mean, whenever they are used in
this Contract, any one or more of the following events :
(i) Failure by the City to pay any Payment on
or before its due date.
(ii) Failure by the City to pay any Additional
Payment at the time specified herein or
failure by the City to observe and perform
any covenant, condition or agreement on
its part to be observed or performed and
in any such case (other than as referred
to in Clause (i) of this Section) , the
continuation of said failure for a period
of thirty (30) days after written notice
specifying such failure and requesting
that it be remedied has been given by the
Company to the City, unless the Company
shall agree in writing to an extension of
such time prior to its expiration.
(iii) Any representation or warranty herein by
the City shall prove to have been inaccu-
rate in any material respect when made.
(iv) The filing by the City of a voluntary
petition in bankruptcy, or failure by the
City promptly to lift any execution, gar-
nishment or attachment of such consequence
as would impair the ability of the City to
carry on its governmental or proprietary
function, or adjudication of the City as a
bankrupt, or assignment by the City for
the benefit of creditors, or the entry by
the City into an agreement of composition
with creditors, or the approval by a court
of competent jurisdiction of a petition
applicable to the City in any proceedings
instituted under the provisions of the
Federal Bankruptcy Code, as amended, or
under any similar acts which may hereafter
be enacted.
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Section 12 . 2 Remedies on Default . Whenever any event
of default referred to in Section 12 . 1 hereof shall have hap-
pened and be continuing, the Company shall have the right, at
its option and without any further demand or notice, to take
one or any combination of the following remedial steps :
(i) By written notice to the City, declare an
amount equal to the unpaid principal
amount together with interest thereon at
the rate specified therefor to the payment
date specified in this Clause to be imme-
diately due and payable on the third busi-
ness day after the taxes levied by the
next annual tax levy of the City become
delinquent, whereupon such amount shall
become due and payable on such date;
(ii) As a supplement to or as an alternative to
the foregoing remedy, the Company may
institute a mandamus action to require the
City to comply with the covenants made by
the City herein, the satisfaction of the
remedies herein provided, and the ordi-
nance which is attached as Exhibit E.
Section 12 . 3 No Remedy Exclusive. No remedy conferred
upon or reserved to the Company by this Article is intended to
be exclusive and every such remedy shall be cumulative and
shall be in addition to every other remedy given under this
Contract. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power
or shall be construed to be a waiver thereby but any such right
and power may be exercised from time to time and as often as
may be deemed expedient by the Company or its assignee.
Section 12 .4 Agreement to Pay Attorney' s Fees and
Expenses . In the event the Company or the City should default
under any of the provisions hereof and the nondefaulting party
should employ attorneys and/or incur other expenses for the
collection of moneys or for the enforcement of performance or
observance of any obligation or agreement on the part of the
defaulting party herein contained, the defaulting party agrees
that it will on demand therefor pay to the nondefaulting party
the reasonable expenses so incurred by the nondefaulting par-
ty. Any payments required to be made by the City pursuant to
this Section shall be due and payable on the third business day
after the taxes levied by the next annual tax levy of the City
become delinquent .
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ARTICLE XIII
ADMINISTRATIVE PROVISIONS
Section 13 . 1 Notices . All notices, certificates,
legal opinions or other communications hereunder shall be suf-
ficiently given if given in writing by (a) personal delivery,
or (b) expedited delivery service with proof of delivery, or
(c) United States mail, certified or registered form, postage
fully prepaid, return receipt requested, or (d) prepaid tele-
gram or telex (provided that such telegram or telex is con-
firmed by expedited delivery service or by mail in the manner
previously described) , sent to the addresses set forth opposite
the signatures on the signature page of this Contract ; provided
that the Company or the City by notice given hereunder, may
designate different addresses to which subsequent notices,
certificates, legal opinions or other communications will be
sent . All notices, certificates, legal opinions or other com-
munications given in accordance herewith shall be deemed to
have been given at the time of personal delivery, or, in the
case of expedited delivery service or mail , as of the date of
first attempted delivery at the address and in the manner pro-
vided herein, or, in the case of telegram or telex, upon
receipt .
Section 13 . 2 Financial Information. During the Term
of this Contract, the City annually will provide the Company
with current financial statements, budgets, proof of compliance
with the covenant with respect to the appropriation and budget-
ing for the ensuing Fiscal Year and such other financial infor-
mation relating to the ability of the City to continue this
Contract as may reasonably be requested by the Company or its
assignee.
Section 13 .3 Binding Effect. This Contract shall
inure to the benefit of and shall be binding upon the Company
and the City and their respective successors and assigns .
Section 13 . 4 Severability. In the event any provision
of this Contract shall be held invalid or unenforceable by any
court of competent jurisdiction, such holding shall not invali-
date or render unenforceable any other provision hereof .
Section 13 . 5 Amendments, Changes and Modifications.
This Contract may be amended by agreement between the Company
and the City only as provided in this Section. This Contract
may not be changed or terminated orally or in any manner other
than by agreement in writing and signed by the party against
whom enforcement of the change or termination is sought .
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Section 13 . 6 Captions . The captions or headings in
this Contract are for convenience only and in no way define,
limit or describe the scope or intent of any provision,
Article, Section or Clause of this Contract .
Section 13 . 7 Time of Essence. Time is of the essence
of this Contract.
Section 13 . 8 Execution in Counterparts. This Contract
may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute
but one and the same instrument.
Section 13 . 9 No Usury. Any provisions contained here-
in to the contrary notwithstanding, the Company shall not be
entitled to receive or collect, nor shall the City be obligated
to pay, interest on any amounts owing to the Company pursuant
to this Contract in excess of the maximum rate of interest
permitted by applicable law, and if any provision herein shall
ever be construed or held to permit the collection or to re-
quire the payment of any amount of interest in excess of that
permitted by applicable law, the provisions of this Section
13 . 9 shall control and shall override any contrary or inconsis-
tent provision herein. The intention of the parties being to
conform strictly to the usury limitations under applicable law,
this Contract shall be held subject to reduction to the amount
allowed under said applicable law as now or hereafter construed
by the courts having jurisdiction. The term "applicable law"
as used in this section shall mean the law of the State of
Texas or the law of the United States, whichever law allows the
greater rate of interest , as such laws now exist or may be
changed or amended or come into effect in the future.
Section 13 . 10 Applicable Law. This Contract shall be
governed by and construed in accordance with the laws of the
State.
Section 13 . 11 Consent to Jurisdiction; Waiver of
Immunities .
(a) In any action or proceeding arising out of
or relating to this Contract, the City hereby irre-
vocably submits to the jurisdiction of any state or
federal court sitting in the county of the State in
which county the Company resides, and the City
hereby irrevocably agrees that all claims in re-
spect of such action or proceeding may be heard and
determined in such Texas State or Federal court .
The City hereby irrevocably waives, to the fullest
extent it may effectively do so, the defense of an
-16-
Co�
inconvenient forum to the maintenance of such ac-
tion or proceeding.
(b) Nothing contained in subsection 13 . 12(a)
above shall affect the right of the Company to
bring any action or proceeding against the City in
the courts of any other jurisdictions .
(c) To the extent that the City has or here-
after may acquire any immunity from jurisdiction of
any court or from any legal process (whether
through service or notice, attachment prior to
judgment, attachment in aid of execution, execution
or otherwise) with respect to itself or its proper-
ty, the City hereby irrevocably waives such immuni-
ty in respect of its obligation under this Contract .
Section 13 . 12 Entire Agreement. This Contract sets
forth the entire agreement between the parties and cancels all
prior negotiations, arrangements, brochures, agreements, and
understandings, if any, between the Company and the City re-
garding the subject matter of this Contract .
IN WITNESS WHEREOF, the Company has executed this
Contract; and the City has caused this Contract to be executed
in its name by its duly authorized officer, as of the date
first above written.
Address :
By
Title
CITY OF WYLIE, TEXAS,
Address :
By
Title:
2 2 8 /E
-17-
EXHIBIT A
PROPERTY
The Property which is the subject of the attached
Personal Property Finance Contract is as follows:
Serial Invoice
Quantity Description Number Price
EXHIBIT B
SCHEDULE OF PAYMENTS
Total Principal Amount Advanced: $
Interest on the unpaid principal amount accrues (based
on a 360-day year of twelve 30-day months) from the Closing
Date. The Closing Date is
Due Principal Interest Interest Total
Date Amount Due Rate Amount Due Amount Due
*
TOTAL *
*Subject to calculation. The amount of interest due on the
first Due Date will be calculated at the rates shown above on
the principal amount shown above from the Closing Date to the
first Due Date shown above. This amount and the Total Amount
Due are to be completed by a Responsible Officer of the City as
authorized by the Ordinance authorizing this Contract .
EXHIBIT C
CERTIFICATE OF ACCEPTANCE
I, the undersigned, hereby certify that I am the duly
qualified and acting
of ("the City" ) with respect
to the Personal Property Finance Contract dated as of
September 1, 1986 (the "Contract" ) , by and between the City and
First Southwest Company ( "the Company") , and that:
1 . The Property described on Attachment I hereto
is Property described in the Contract (the "Property" ) and has
'been delivered and has been accepted by the City.
2 . The City is exempt from all personal property
taxes, and is exempt from sales and/or use taxes with respect
to the Property and the Payments.
3 . All public bidding requirements, if applicable,
have been satisfied with respect to the Property described on
Attachment I , and there is no litigation, action, suit or pro-
ceeding pending or before any court, administrative agency,
arbitrator or governmental body, known to the undersigned after
reasonable inquiry, that challenges the authority of the City
or its officers or employees to enter into the Contract; the
proper authorization, approval and execution of the Contract
and other documents contemplated thereby; the levy of taxes and
the appropriation of revenues and funds available for the pur-
pose, or the pledge of such taxes, revenues or funds to the
payment of the Payments , or any other action taken by the City
to provide moneys sufficient to make Payments coming due under
the Contract; the ability of the City otherwise to perform its
obligations under the Contract and the transactions contem-
plated thereby; or the acquisition of or bidding procedures
with respect to, the Property described on Attachment I .
Dated: , 19
By:
Its
To be executed by one of the
following:
eo
EXHIBIT D
THE CITY'S CERTIFICATE OF REPRESENTATION
AND INCUMBENCY
I, the undersigned, being duly sworn hereby certify and
state that I am the duly qualified and acting
of the City of Wylie, Texas ("the City" ) ; and, with respect to
the Personal Property Finance Contract dated as of 1, 1986
("Contract") , by and between the City and
("the Company" ) , I further certify, as follows:
1. That the total principal amount of indebtedness
of the City, including the proposed $ PERSONAL
PROPERTY FINANCE CONTRACT, dated as of September 1, 1986, pay-
able from ad valorem taxes levied and collected by the City is
as follows :
OUTSTANDING INDEBTEDNESS $
PERSONAL PROPERTY FINANCE
CONTRACT $
TOTAL INDEBTEDNESS $
2 . That a debt service requirement schedule for
the City' s above described outstanding indebtedness as well as
the proposed $ PERSONAL PROPERTY FINANCE CONTRACT,
dated as of September 1, 1986, is attached hereto as Exhibit A
and made a part of this certificate for all purposes .
3 . That said City is incorporated under the
General Laws of the State of Texas, and is operating under the
Home Rule Amendment to the Texas Constitution, Section 5 ,
Article XI , as amended in 1912; the City Charter was adopted at
an election held in said City for that purpose on the day
of , and was amended at elections held on
, and has not been
amended in any respect since
4 . That the assessed value of all taxable property
(net of exemptions) in the City, as shown by the tax rolls for
the year 1986, and which have been duly approved and are the
latest official assessment of taxable property in the City is
as follows :
TOTAL ASSESSED TAXABLE VALUES
OF REAL AND PERSONAL PROPERTY $
'7O
5 . That I am well acquainted with the persons
listed below and with their signatures; that said persons hold
the respective offices or positions set forth opposite their
signatures below; that the signatures below written are true
and correct signatures of said persons; and that as of the date
of execution of the Contract or other documents relating there-
to by any of said persons, such persons were duly qualified and
acting as the officers or position holders indicated below and
duly authorized to execute the same:
Name Office or Position Signature
Mayor
City Secretary
City Manager
Director of Finance
CITY OF WYLIE, TEXAS
By:
Mayor,
City of Wylie, Texas
SUBSCRIBED AND SWORN TO BEFORE ME this day of
, 1986 .
Notary Public
My Commission Expires:
EXHIBIT E
(The ordinance of the City
authorizing the execution of the Contract)
EXHIBIT F
(The form of Contract Supplement)
7
EXHIBIT G
(The form of the Note)
MEMORANDUM
DATE: October 10, 1986
TO: Gus H. Pappas, City Manager
FROM: I . W. Santry, Jr. , P. E. , City Engineer ' �' Al—,
SUBJECT: School Zones
On Tuesday, October 7, 1986, I met with two members of the
Traffic Section of the State Department of Highways and
Public Transportation relative to the status of the flashing
lights requested at the Birmingham Elementary School on West
Brown (FM 3412) . The discussion evolved into a discussion
of all school zones within the City of Wylie and the
following is a summary of those discussions.
1 . The flashing lights for the Birmingham Elementary
School Zone are part of a construction program of the SDH &
PT to be accomplished during the next year. The flashing
lights should be in place for the school year 1987-88.
2. The non-flashing school zone signs for the Birmingham
Elementary School are to be extended west and east to
provide a zone length of 1000 feet. The attached resolution
has been prepared for action by the City Council to
accomplish the extended zone length and provide a 20 mile
per hour limit rather than the present 25 mile per hour
limit. It is recommended by the Engineering Staff that the
Resolution be passed.
3. There will be no change in the 25 mile per hour school
zone on State Highway 78 as long as any WISD student can
live northwest of the highway and walk to either the Middle
School or High School and there by crossing State Highway 78
at Birmingham Street.
4. The school zone sign on East Stone (FM 544) will be
moved just East of Thomas Street and West of Dogwood Drive
for greater protection. There will be no change in the sign
that is just East of Ballard Street since the zone is
protected at this location by the four-way stop at Stone
Road and Ballard Street.
5. The overall speed zone along East Stone Road (FM 544)
and South FM 544 is under study by the SDH & PT and will be
adjusted as to the location of the 30 mile per hour section,
the 40 mile per hour section and the 55 mile per hour
section.
-
'
Lira IS
- - • a-.LL'.. UF SELIION
- SIREEI ., UR PARTS
uF
DINANLL',' AND PROVICING A PENALTY
OF - ' FOR HE V1ULTION JP THIS
' - 1eXas
_ the governing body of
the LJ,,Asls an engineering
7:hat any prima facie s7.ii-ieed therein
set ':"nan is -eaadna!i.Dle safe
- - 7 to exist at any intersection or
cf lh4 ...T-,,f Within
-....dmsideratidn; i condition
.nd tHe- .:Jir:d.:J.rnstances cn sLich poi Lion of
. - n-fT . m:ay determine a;—.1 declare a
- - a sdeed iimit thereat or
re rected at such
iht.a dart Df tne Etret or
;a:17Y COUNCiE 2F IHE CT.I1--1- OF
Upoin ...ffic investigation
heretofore M,:?Cie by the prdvisic!-.s of Section
169 (b) of Art..1 -, ,-/ rnEDflS St,i-AUt9S , the
limjts hereater ihdicated for
ane d ,..7.1 ,:--:6' ad to be re&sonable
a: hi..;reloy at the rate
of sp.sed t .a.velimg upon thP named
,LLL rArtc thOre0+ d!,-.7.scribed as
:1F: THE -ITY OF
date tne paasage of
_ iTo motor vehifolc.i, shall be
Hignway Nd. :3412 (V.I. Brown
the Cit.: of Wylie in
ifl
pc3int (: - . of) 431+00)
F!'! in
• a FM f42fc.A. a distrca of 1 . 039
H.. a MILE PER HUIIF.'.
in i-7,n E,=:,.stery direction
- i1 ; ccrped
LH HIEEE WHEN 'SO SiuNED FOR
FM WESTBOUND
FM 341/ in an
er y Oirection for a distarce of 0. b99
riles , : / , said pcinn ,Station 543+90/ teing at
� - z 78, a 'naximum speed of 30 MILES PER
The Kwy� c 71 �v of Wylie in hereby authorized to cause
e/ n'- ` �' o—priare signs inaicating s'.cr speed zone.
SECIIIA z .
It:, / sf L�e provisions of this ordinance
�-ilty o+ * misdemeanor and upon conviction
ther2_f nna; .= fired ik aqy sum qut to exceed [wo Hundred
FASSTL A/J AF&R.j2D fH13 THE DAY OF A. D.
| vq '
----------------------- -------
ice B. Fulgham, Moyor Pro-tem
City of Wylie, lexas
.^. �7T.
______________________________
city Secretary
City of �111e9
A�nVE� �Z 'n LE21L 73RM:
__________________________ ____
L ±-' o/.nn . LZ> sj� _ Eity Actorney
City cf !lie, Tsxas
--------------- _______________
3-, �/' Fap, -s , 21Ly manager-
City " T �/! ! O ,
1 _________________________ City Secretary of the City of
ki1 . n , | e^.v , hereby certify that the above and foregoing is
a tr �e ard cw pct copy of Drdinance No. _______ , adrpted by
Lhn Cl �> Lc"noli of the City of Wylie. Texas on
A. D. , 1986.
lo cerri +y °nzck , witness my hand and seal o+ office this
_ dsy of _______________, A. D. , 1986.
____________________________________
Carc� i '. j.n�, , �� t / Secretary
/ y
•
POLICE PATROL UNITS
SPECIFICATIONS
1.) Specifications listed below are minimum requirements and are intended to
govern, in general, the size and type of vehicle desired.
2.) Bidder shall fill in all information requested in the blanks provided
under each item. Failure to completely describe the equipment bidding
may result in rejection of your bid. The City of Wylie reserves the
right to evaluate variations from these specifications.
MODEL: Specify Make and
Series Model
ENGINE: Engine torque rating not less than 250 ft.lbs at 2,400 RPM.
Piston displacement shall be not less than 318 cubic inch.
This V-8 engine must be the highest performing Police Special
package available with four barrel carburetor. It must meet
all Federal and State emission standards for the current year.
No alteration of engine or exhaust system by new car dealers
or private muffler shops will be accepted. Any engine modi-
fications for higher performance intended for law enforcement
use must be made on the assembly line of the new car menu-
' facturer. These alterations may include electronic fuel
injection turbo charging, dual exhaust or higher performance
cam shaft with or without catalytic converters, if available
from the factory for the current year.
Describe: torque rating;
displacement.
Factory installed dual exhaust.
ELECTRICAL
SYSTEM: The trunk and hood will have courtesy lighting. The charging
system will be heavy duty alternator with transistor regula-
tor rated at not less than 100 Amp output with heavy duty
battery rated at not less than 90 Amp hours. Shall have full
dash instruments, no warning lights.
Describe: Amp battery; Amp alternator.
WHEELS: Shall have five (5) 15 X 7.0 JJ heavy duty wheels. No space
saver spare. Wheel rims must have cooling slots.
Describe: size.
0oI1ca Patrol use..
Page 2
TIRES: Shall have five (5) P215/70R15 or larger, glass belted,
. Police Special , radial tubeless blackwall.
Describe: tire size.
WHEELBASE: Shall not be less than 112 inches.
Describe: inch wheelbase.
BODY STYLE
AND`'TRIM: The body shall be a 4-door sedan with middle-of-the-line
trim and chrome moldings.
STANDARD AND
EXTRA ':'
EQUIPMENT: Standard equipment required by Federal Highway Safety Act or
furnished as original equipment:
, 1. Dual.horns
2. Dual`:back up lights
, -4 3.: Dual windshield wipers-2 speed or greater
-- 4•
Windshield washers
5. Parking brake warning light and side marker
.x ;5; lights
6. Hazard-warning light system
7. Foam seat cushions, front & rear
8. Arm rest,.front-& rear
9. Ash:`receivers, Tfront & ,rear
10. : Padded sun visors, left & right
11. Head restraints, left and right, front seat
12. Mirrors -day `& night, inside rear view
13. Seat belts, 2 front & 2 rear, non retractable
} 3 14. Shoulder belts,=front, left.& right
15. Inside 'hood release
16. Padded instrument panel
17. Dual master cylinder with warning light and
power booster
18. Energy absorbing steering wheel
19. Windshield defroster
20. Starter safety switch (automatics only)
21. Anti-theft' ignition key with warning buzzer &
locking steering wheel _
22. Energy absorbing bumper system
- 23. Full flow oil filter-one quart capacity
24. Dry air cleaner-heavy duty
25. Turn indicators & direction lights
26. Emission control equipment to comply with
current year Federal Clean Air Act.
Extra equipment not furnished as standard equipment:
1. Speedometer-certified and calibrated to minimum
120 mph
Page 3
•
•
Extra equipment (continued)
2. Heavy duty seat and seat back springs with all
vinyl covers
3. Heavy duty black rubber floor mats-front & rear
4. Remote control driver side mirror
5. Remote control right side mirror
6. Three-speed automatic transmission, heavy duty
7. Engine oil cooler
8. Front sway bar
9. Extra heavy duty rear leaf springs
10. Heavy duty front & rear shock absorbers '-
11 . Fan shroud
12. High capacity heavy duty radiator
13. High capacity fan (7 blade with slip drive or
variable pitch blades)
14. Power brakes (disc on front wheels)
15. Rear cross-member reinforcement
16. Large deluxe air conditioner & fresh air heater
17. Special reading type dome light mounted between
sun-visors
18. Cigar lighter
19. One spot light, 6" diameter, factory mounted
on left cowl post
20. Universal single key for all locks on car
21. AM radio
22. Front & rear bumper guards
23. Tinted windows
24. Screw-on type side molding, length of body
25. Power steering
26. Oil Gauge (not oil light)
COLOR: White
DELIVERY
TIME: Describe: week delivery
date from date of order.
WARRANTY: Vehicle(s) bid under this proposal shall enjoy the same
warranty period as that of a standard production model.
Specifications •
Police Patrol Unit
Page 4
• SPECIAL
CONDITIONS: The undersigned hereby certifies that he understands all the
specifications enumerated herein and has read them carefully
and will deliver and furnish all articles or services speci-
fied in this specification.
Bidder shall return one copy of this specification completed
in full and signed.
FIRM NAME SUBMITTING BID:
SIGNATURE OF AUTHORIZED REPRESENTATIVE:
NAME AND TITLE OF AUTHORIZED REPRESENtATIVEt
ADDRESS:
CITY/STATE
•
.. .y
TELEPHONE:
;
' , ,BID: UNIT PRICE: ;x
EXTENDED PRICE:
TERMS: % cash discount if paid within
days from delivery and acceptance of" oods or coupletfo
service.
17,
•
SPECIFICATION FOR FIRE FIGHTING CLOTHING
MUST BE GLOBE ASTRA SUITS
22 Each - #3776 Astra jacket: 7. 502 Nomex 111 Aramid
Shell , cotton/polyester, neoprene coated
vapor barrier, spruce nomex quilt lining:
Must include: Nomex Aramid Vapor Barrier
Florescent Trim
Suede Leather Elbow Patches
Suede Leather Shoulders
22 :D $ PO 31 each = $
71, s7D s-z—S
22 Each - #4776 Astra Bib Overall : 7. 502 Nomex 111 Shell ,
cotton/polyester neoprene coated vapor
barrier, spruce nomex aramid quilt lining
Must include: Nomex Aramid Vapor Barrier
2" Florescent Trim around Legs
Suede leather Cuffs
Suede Leather Knee Patches
All seams must be tape sealed to N.F.P.A. /OSHA
requirements. Overalls and jackets to have zipper
inclosures in conjunction with velcro.
22 @ $ /6-.5-. 31 each = $ 4. 11/8. S8
g S TO S22E3
22 Each Carins 660 N. F.P.A. Helments
22 $ 0.1,PS each = $ 13 S(o, 3
Arc'T 3UU-A F ,,e a SSA17 2 ►3. y
22 Each N.F.F'. A. Knee Boots
22 $ 42. 8S each = $ Qq2, 70
R
TOTAL BID FOR ALL EQUIPMENT $ 9yc 7^P, 'V°
4A7 B 015 7; 9, 2s3- 8 if
FRED HUBER & ASSOCIATES 1)13v ; STOCK 41:t. Iaeta.i s ! o .
P.O. Box 575
Humble, Texas 77347
(713) 852-1990 ,=;41/4-X ?tfle,t,,
'
' .
.
. .
MEMORANDUM
DATE: October 8, 1986
TO: Gus H. Pappas, City Manager
FROM: I ' W. Santry, Jr. , P. E. , City Engineer
SUBJECT: Paving Bids at South Ballard Fire Station --
In reviewing the bid information distributed and the
resulting bids for the proposed additional paving of the
fire station on South Ballard , it is the Engineering Staff 's
opinion that insufficient information was disclosed to the
bidders.
Also, the bids that were submitted with information relative
to what was being proposed was not uniform and in most
instances was not adequate.
Those bidders that made specification proposals were not
adequate to provide the paving to withstand the heavy
equipment at a fire station. Not one bidder proposed a base
under the pavement which is a necessity with the soil here
in Wylie.
It is recommended that all bids be rejected and that simple
but adequate specifications be written for the project and
that it be rebid.
C7-7
�� =+
•
•
•
MEMORANDUM
•
DATE: October- 8, 1986
TO: Gus H. Pappas, City Manager
FROM: I . W. Santry, Jr. , P. E. , City Engineer .< <Lti
SUBJECT: Paving Bids at South Ballard Fire Station
In reviewinc the bid information distributed and the
resulting bids for the proposed additional paving of the
fire station on South Ballard , it is the Engineering Staff 's
opinion that insufficient information was disclosed to the
bidders.
Also, the bids that were submitted with information relative
to what was being proposed was not uniform and in most
instances was not adequate.
Those bidders that made specification proposals were not
adequate to provide the paving to withstand the heavy
equipment at a fire station. Not one bidder proposed a base
under the pavement which is a necessity with the soil here
in Wylie.
It is recommended that all bids be rejected and that simple
but adequate specifications be written for the project and
that it be rebid.
•
SPECS FOR DRIVEWAY AT WYLIE SOUTH FIRE STATION
1. Slab to be five (5) inches thick with steel bar
reinforcement.
2. North side slabs to be twenty (20) feet wide and
one hundred thirty-one (131) feet long.
3. South side slab to be twelve (12) feet wide and
sixty (60) feet long and include 12 inch by 12
inch holes so drying rack for fire hose can be
constructed at later date. Slab to be placed
three (3) feet from building.
Larry K. Allen
1 imriais j ►ae
_Ced P�eoareC by
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•
•
•
CONCRETE CONSTRUCTION SYSTEMS CORP. Page No. l of l Pages
14811 VENTURE
� 75234
, Proposal
PROPOSAL SUBMITTED TO: DESCRIPTION OF JOB:
Job
City of Wylie / South Fire Station Driveway/Fire station
Address
City State
Wylie Tex.
Phone Date
Ns rrthg Ouhmit specifications and estimates for__ materials and labor to constuct
driveways at the_South__Fire_StationWylis, .x._per_d ng/S,Pgc_ unished _
by Larry -K. Allen.
•
Mt aag Impost to furnish labor and materials complete in accordance with the above specifications, for the
sum of $ Seven Thousand Five Runarea dollars $7500.00
With payment to be made as follows: Ncog/Upon Comp.
All material is guaranteed to be as specified. All work is to be completed in a work- Authorized
manlike manner according to standard practices Any alteration or deviation from above
specifications involving extra costs will be executed onlyuponSignature T. nn i p Af•man
become an extra charge agreements orders,and will
g
over and above the estimate. All ry contingent upon u v rn
stnkea,accidents or delays beyond our control.Owner to carry firs,tornado and other Note: This pro necessary insurance. Our workers are fully covered by workmen's compensation drawn by us if not accepted within In .days.
mswance. y
Artsptaturs of Proposal—The above prices, speci-
fications and conditions are satisfactory and are hereby
accepted. You are authorized to do the work as specified. Signature
Payment will be made as outlined above. '
Date Accepted Signature
,(r7
•
227691
'�'•v h C.oncfre/e cJri YeWa al
ec1i /,'e So d744 re 574444'err
DATE /Q•J-c?‘
TO L>y,e 7-677 a S CUSTOMER'S
ORDER NO
Address .
City State SHIP
Ship To VIA
SALESMAN
CASH CHARGE C.O. D. PAID OUT RETURNED MDSE. RECEIVED ON ACCOUNT
QUANTITY DESCRIPTION PRICE AMOUNT
L erP SL.,.01 P��a Pu � c
Teti er 54t/ / ,s"A%,il
6 G te.f//� dr<<Ye ithy a+7L lit 1'e SA Lift t:'ro .S Y:are
AY j T'Gri,S G 4 9 3' ,r S.4e, , 51 eel-
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der r.Ser7 ajce"a 660(1i6s, J S rr/,�•rfoler Cl.. /
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ALL Claims and Returned Goods MUST Be Accompanied By This Bill
SIGNATURE
•
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Marshall Batley C eonstructlon, Inc.
PROPOSAL AN D'N
P.O. BOX 863306 • PLANO, TEXAS 75086 ,I ACCEPTANCE
(214) 985-0499 ,c)' ~,
PAGE / of / PAGES
PROPOSAL UBMITTED TO PHONE DATE
81 0 f Wy ii 6 44 2 - ` Z 3 to /0 - 7 - 864
STREET JOB NAME
08 S . JACe,Son3 s4. ,� Sadh Fiee Vig/
CITY,STATE AND ZIP CODE JOB IpI 00.)
LU / TA rA s
SALESMAN DATE OF COMPLETION FENCE MATERIAL JOB PHONE
We hereby submit specifications and estimates for:
A dat2rVy Al Pkiifil LO1 4/ (J)y/;f so(/7/ fr.,ez sigI,&u
33dD srii4 'E /> ' / o/ 6 .EK/ChZS 1c, td1 71A
3/t3 Re 64,e c1'J /8 J.0 ch evit,e s .
e,1.,JcP(7 c ,e-// do 36o0 /osZ s/,ee 7 4 o f
SRdigris
Lt) . ea).z// s,:i,4 /y 41/ , .96'0,e Q and Ma4he-CA /
,t,e #45 1o,eaJed aye/ i9/sue 164 v E 6 fc r i M4/
OAS ai. ,/ I </,- (3u I /Jta4S iV&41 eiN<tee I
WE PROPOSE hereby/to furnish material and labor complete in accordance with above specifications,for the sum of
TLvu A9 .1-AiriacrriiaAidei-ei SCUD e� /f/dollars : 0 0
s6 7 e --
0 74-
Payment to be made as foil sus: /
4 g.2.-
Ay,/,‘.17/
c_ ce o',..oci ,r-
1 7�7 e5tflle4 h.v 01 f 1 b,eA
All material is guaranteed to be as specified.All work to be completed In a workman
like manner according to standard practices. Any alteration or deviation from above Authorized A ���
speelflcatlons invoNlrq extra costs will be executed only upon written orders and a
wilt become an extra Marge over and above the estimate.AlI agreements contingent Signatur
upon strikes accidents or delays beyond our control. Owner to carry fire, tornado
and other necessary Insurance. Note:This proposal may be
withdrawn by us If not accepted within e/+ •ays
ACCEPTANCE OF PROPOSAL The above prices specifications
and conditions are satisfactory and are hereby accepted.You are authorized
to do the work as specified.Payment will be made as outlined above. Signature
Date of Acceptance Signature
J
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�`'� COnGIe±
DALCO CONSTRUCTION CO.
2600 AVE."K" • SUITE 207 • PLANO,TEXAS 75074
(214)424-3755
October 1 , 1986
City of Wylie
114 N. Ballard St.
Wylie, Texas 75098
Subject: Bid for enlargement of parking lot at the
South Wylie Fire Station
We propose installing 3,340 sq. ft. of 3,000 P.S.I.
concrete a minimum of five inches deep. Reinforcement
to be #3 rebar on 24 inch centers. Sand leveling fill
to be used for final grading do control joints to be
on 20 foot centers.
' ,top° �
Total price: $5,344.00 <
Terms: Net, 30 days from completion
• hn S. Cox
er
� /
•
•
•
Jaggers Construction Company, Inc.
mocsimucosotax
P.O. Box 2031
Piano, Texas 75074
(214) A Ci OOC 442-3886
•
September
Twenty-five,
1986
Carolyn Jones
City of Wylie
P. 0. Box 428
Wylie, Texas 75098
PROPOSAL: Concrete Work
Wylie South Fire Station
Wylie, Texas
Dear Ms. Jones:
We propose to furnish all labor and materials neces ary to do
the concrete work on this project for $5, 344.00. (, Goon /,
Our proposal includes grading, setting forms, place #3 rebar
at 24" on center each way, place and finish concrete.
We appreciate the opportunity to submit our proposal.
Sincerely yours,
JAGGERS CONSTRUCTION CO. , INC.
k. F A r
Robert F. Jaggers, Jr.
President
RFJ/cj
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CITY OF WYLIE
PLANNING & ENGINEERING DEPARTMENT
,
SUBJECT t-- -0/Ahar.— A142-5-/QY PROJECT. S741 "zr---- ---7 ri-'r
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BY -r WS. DATE' -S-g6 CHKD.BY DATE SHEET, I OF„
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MEMORANDUM
DATE: October 8, 1986
TO: Gus H. Pappas, City Manager
FROM: I . W. Santry, Jr. ,P. E. , City Engineer = '019 • -"�--\ -
SUBJECT: Nortex Tank Site Piping , Installation , etc.
The following represents the analysis of the bids received
at 1 : 00 p. m. and opened at 2: 00 p. m. in your conference room
on Tuesday, October 7, 1986 for the installation of piping,
pumps and appurtenances; for the construction of the vault ,
pumphouse, and fence; for the site work and the labor ,
supervision and equipment at the Norte:, Ground Storage Site
in accordance with the contract documents, plans and
specifications.
INDIVIDUAL BID ITEM
BIDDER - A B C D TOTAL
BID -AMOUNT
Tim Dawson Utility
Contractors
8585 Stemmons Frwy . $18 , 980 . 00 $8, 160 . 00 $11 , 937 . 00 $6 ,480 . 00 $45 , 557 . 00
Dallas , Texas 75247
(Bid Bond )
Flowers Bros . Equip.
& .Cons': Co . , Inc .
113 Timberidge $65 ,719 . 17 $9 ,260 . 90 $28 ,203 .83 $8 ,343 .40 $111 ,527 . 30
Plano , Texas 75074
( No Bid Bond )
There appears to be no comparison in the two bidders out of
the total o+ nine contacted about bidding. Tim Dawson has
done work indirectly for the City of Wylie in the past in a
timely an-id competent manner.
The Engineering Department staff recommends the award of the
bid to Tim Dawson Utility Contractors of 8585 Stemmons
Frwy. , Dallas , Texas 75247 , (817) 458-4791 .
•
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CITY OF WYLIB1
114 N. BALLARD ST. - P.O. BOX 428
WYLIE TEXAS
75093-0428
MEMORANDUM
October 8-, -1986
To: Gus Pappas, City Manager -
From: I. W. Santry, Jr. , P.E. , City Engineer ' ' LA) .
Subject: Oversizing of 12-inch Water Line, Westgate - Phase I
Lichliter/Jameson & Associates, Inc. , engineers for the Westgate Addition, sub-
mitted a request for the City of Wylie participation in the oversizing of the
east/west 12-inch water line for the developer. However, the length we show is
2,180 feet versus 2,200 feet by the contractor and engineer.
The contractor's bid indicates the following figures:
12-inch PVC per foot $ 14.85
8-inch PVC per foot 8.90
Per foot pipe cost difference . . $ 5.95
12-inch gate valve $ 747.73 each
8-inch gate valve 400.03 each
Per valve cost diference $ 347.70 each
In checking costs to the City for materials only, the following were established.
12-inch PVC per foot $ 8.68
8-inch PVC pwe door 4.00
Per foot pipe cost difference . . $ 4.68
12-inch gate valve $ 800.00 each
8-inch gate valve 400.00 each
Per valve cost difference $ 400.00 each
Using the checked length of the 12-inch installed (2,180 feet) , the contractor's
bid cost difference is $12,971 .00 and the City cost difference is $10,202.40.
Using the 6 valves as designed into the system, the contractor's bid cost dif-
ference is $2,086.20 and the City cost difference is $2,400.00.
Therefore, the request of Lichliter/Jameson & Associates, Inc. would be a total
of $15,057.20, whereas the City total would be $12,602.40.
It is my recommendation that the developer be offered $12,602.40 for oversizing in
accordance with our practice. The line has been installed .101:12e tested as-yet.
J
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(141y
SEP 2 61986 ! ,
/�/ CHAMBER OF COMMERCE U\\f
September 25, 1986
Gus H. Pappas
City Manager
City of Wylie
P.O. Box 428
Wylie, Tx. 75098
Gus,
Enclosed are the signatures you needed for the dedication of the downtown
amenities. I was fortunate not to have any difficulty finding them.
Also thank you for making the arrangements for the necessary supplies for
burying our Time Capsule. That ceremony will take place on Tuesday, Oct. 28
at noon, just before our monthly luncheon. You and I should probably go out
to the library soon to decide on the exact location for burial.
Thanks again for all your help!
Sincerely,
James Butts
Executive Vice President
JTB:bn
P.O. Box 918 • Wylie, Texas 75098 • 214-442-2804
•
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CITY OF WYLIE
114 N. BALLARD ST. — P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236
September 23, 1986
James Butts, Esecutive Vice-President
Wylie Chamber of Commerce
P. 0. Box 918
Wylie, Texas 75098
Dear James:
Enclosed is a letter of dedication of the ornamental street
lights in the downtown area that needs to be signed and
returned to the City for the formal acceptance. As •you
know, the City has been maintaining and repairing these
lights since they were installed; however, we do need the
formal dedication on file in the City Secretary' s office.
We will appreciate having you secure the necessary
signatures on this document, after which it will be
presented to the Council for formal acceptance.
G s . Pa,A 's
City Mana.er
GHP:bl
encl. (1)
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CITY OF W YI-BIM
114 N. BALLARD ST. — P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236
September 23 , 1986
City Council
City of Wylie, Texas
Dear City Council Members:
The Chamber of Commerce, the Downtown Merchants Assoc. , the
individuals listed below and various other contributors have
caused to be erected and made operational several ornamental
antiqued multi-globe street lights along Ballard Street. it
was our understanding that upon completion of the
installation of these lights that the City of Wylie would
consider the dedication of these fixtures to the City for
the benefit of the general public and that the City would
accept the responsibility for their maintenance, repair and
electrical use.
We the undersigned believe that we represent the true owners
of said property and do hereby request that the Council of
the City of Wylie officially accept these items for
dedication. 4eA
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\ife,72
eWl
Terry ner, President S fi President
Cha of Comme ce Downtown Merchants Assoc.
i
n Co pe , Donor arold Spence, onor
I, (Th7,-( 12 776/-".td
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SEP 151986
•
SUGGESTIONS FOR TRAFFICS CONTROL BETWEEN
WOODHOLLOW COURT AND BUTLER COURT
NAME: 1YV11) S
ADDRES: ' 3 �„1 UU�%V`ID I&) Gf
c,, Jx-
I would like to see the following done to help control the
traffice in the alley between Woodhollow Court and Butler
Court.
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SUGGESTIONS FOR TRAFFICE CONTROL BETWEEN
WOODHOLLOW COURT AND BUTLER COURT
4/ 964-J(1k/111i
NAME:
ADDRES: 3 1p /7/ ek
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I would like to see the following done to help control the
traffice in the alley between Woodhollow Court - - itler
Court.
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SUGGESTIONS FOR TRAFFICE CONTROL BETWEEN
WOODHOLLOW COURT AND BUTLER COURT
NAME:
ADDRES:
I would like to see the following done to help control the
traffice in the alley between Woodhollow Court and Butler
Court.
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SUGGESTIONS FOR TRAFFICE CONTROL BETWEEN
WOODHOLLOW COURT AND BUTLER COURT
NAME:D2n'14Seg4-a-C141441
ADDRES: 30A 003LA)00d1 CT'
I would like to see the following done to help control the
traffice in the alley between Woodhollow Court and Butler
Court.
L01.4V ,a2_ ea6„
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► i
SUGGESTIONS FOR TRAFFICE CONTROL BETWEEN
WOODHOLLOW COURT AND BUTLER COURT
NAME: 9,1---/1.61
A RES• 74 1 D1-C4
I would like to see the following done to help control the
traffice in the alley between Woodhollow Court and Butler
Court.
SEP 101986
SUGGESTIONS FOR TRAFFICE CONTROL BETWEEN
WOODHOLLOW COURT AND BUTLER COURT
9 / 8 / 86
NAME: MR.&MRS CHAELES J.POW LL
ADDRES: 303 HILLTOP LANE
WYLIE,TEXAS 75098
I would like to see the following done to help control the
traffice in the alley between Woodhollow Court and Butler
Court.
Also The Alley All The Way Down To The Next Alley On The OtheR
Side Of Woodhollow.
41 Put Threeway Stop At Both EntersecttoJs _ Speed Biimp.s_Also
�riI3 T iese Alleys Or -
;'2 Make All The Alleys One Way Going South And East This Would
This Would Put Most Of The Traffic On The Streets Insted of
These Alleys
The Alley East Of Hilltop Has Blind Entersectons And Thair
Is Several Pickup Trucks That Go up And MAX Down The Alley
Several Times A Day Blowing Air Horns Going 40 To 65 MPH
Blowing At The Intersections Each Time They Go By Even At
Night The 10 Miles Per. Speed Limit Dont Mean A Thing
I Am Sure One Way, Or Seed Bums y;ould .t.�.1,p.,
aeot"lieV,.“40,
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Gam►,` ,
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SEP 8 I9K
SUGGEST IONS--FOR—TRAFFICE CONTROL BETWEEN
WOODHOLLOW COURT AND BUTLER COURT
NAME: L o 'J EJi-h Y`Y` i\krAsei
ADDRES: Coo
I would like to see the following done to help control the
traffice in the alley between Woodhollow Court and Butler
Court.
(I. O -WOJA 1A_.46z.L.6_humps ___
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SEP 81986
SUGGESTIONS FOR TRAFFICE CONTROL BETWEEN 1
WOODHOLLOW COURT AND BUTLER COURT
NAME: WI-a/2) (14rk-k
r
a, ,&_„_thL
ADDRES: 66
I would like to see the following done to help control the
traffice in the alley between Woodhollow Court and Butler
Court.
)sza, wiserasitece .„*
_i2 L42-auld _a_,46ceei -Ln01,9L
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