01-10-1995 (City Council) Agenda Packet . Agenda
Wylie City Council
Wylie Municipal Complex
January 10, 1995
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION -
CONSENT AGENDA
1. Consider Approval of the Minutes of December 13, 1994
2. Consider Approval of a Resolution Naming the Official Publication of the City
3. Consider Approval of an Ordinance Adopting Amended School Zone
Regulations
4. Consider Approval of a Resolution Designating Investment Authorities for
American National Bank
5. Consider Approval of an Amended Resolution Calling a February 18, 1995 Bond
Election
ACTION ITEMS
6. Appointment with Tim Hillery to Request Formal Investigation of Complaint and
Take Any Necessary Action
7. Discuss and Consider Authorizing Joint Purchase of Air Packs with City of Plano
8. Discuss and Consider Approval of a Lease Purchase Agreement for Purchase of
Air Packs
9. Discuss and Consider Approval of a Resolution Amending Guidelines for
Administration of Urgent Need Grant
10. Discuss and Consider Approval of a Resolution Authorizing an Investment
Agreement with Local Government Investment Co-Op (LOGIC)
11. Discuss and Consider Authorizing a Budget Amendment for the Revision/Re-
Codification of the Wylie Code of Ordinances
12. Discuss and Consider Authorizing Payment to Richard Nance for Water Line
Installation in Mill Creek Subdivision
STAFF REPORTS
CITIZEN PARTICIPATION
EXECUTIVE SESSION
13. Hold Executive Session Under 551.072 Government Code Regarding
Acquisition of Real Property:
(a) Property for Economic Development
(b) Purchase of Future Park Land
and Under 551.074 Government Code to Discuss Personnel Regarding
Appointment of Election Judges for February 18th Election.
14. Take Any Necessary Action as a Result of the Executive Sessions
ADJOURNMENT
,
Posted t s th th d y of January, 1995 at 5:00 p.m.
W �gm r .13r 1994
MINUTES OF THE WYLIE CITY COUNCIL
December 13, 1994
CALL TO ORDER
Mayor Jim Swartz called the meeting to order with the following Councilmembers
present: John Mondy Cleo Adams, Reta Allen, and Steve Wright. Ortie Messenger was
absent and Bobby Jennings arrived later in the meeting.
PRESENTATION OF LIEUTENANT BADGE TO RON SIMS, WYLIE FIRE DEPARTMENT
Fire Chief Shan English presented Ron Sims with his lieutenant badge and outlined
the qualifications for that position.
PRESENTATION BY SONS OF THE AMERICAN REVOLUTION
Representatives of the East Fork Trinity Chapter of the Sons of the American
Revolution presented the Mayor with an award congratulating the City of Wylie on its flag
display at the Wylie Municipal Complex and the show of respect for the American flag.
CONSENT AGENDA
(a) Minutes of November 8 and December 6, 1994
(b) Approval of a Contract with the Texas Municipal League Regarding the
Administration of COBRA Insurance
(c) Consider Approval of Applications under Urgent Need Grant for Disaster
Relief
(d) Award of Bids for Rehabilitation Project Under Urgent Need Grant for
Disaster Relief
(e) Resolution No.94-32 Making Application for an Extension Under the Local
Government Records Act of 1989
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS AUTHORIZING THE CITY
SECRETARY TO PETITION THE TEXAS STATE LIBRARY
AND ARCHIVES COMMISSION FOR EXTENSION OF THE
DEADLINE FOR FILING RECORDS CONTROL
SCHEDULES AND DECLARING AN EFFECTIVE DATE
Council Minutes 12/13/94 Page 1
(f) Resolution No. 94-33 Authorizing Execution of an Addendum to a Contract
with Central Ambulance and the Activation of a One Year Contract Extension
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT ADDENDUM
FOR PROVISION OF ADVANCED LIFE SUPPORT
AMBULANCE SERVICE BETWEEN THE CITY OF WYLIE,
TEXAS AND CENTRAL AMBULANCE
(g) Ordinance No.94-52 Adopting the 1994 Uniform Fire Code
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE WYLIE CODE OF ORDINANCES
CHAPTER 5, FIRE PROTECTION BY ADOPTING THE
1994 EDITION OF THE UNIFORM FIRE CODE,
REPEALING ALL CONFLICTING ORDINANCES;
CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
(h) Ordinance No. 94-53 Adopting the 1993 Uniform Electric Code
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
ADOPTING THE 1993 EDITION OF THE NATIONAL
ELECTRICAL CODE, AMENDING SECTIONS 4.01
THROUGH 4.55, INCLUSIVE, REPEALING AL
CONFLICTING ORDINANCES;CONTAINING A PENALTY
CLAUSE;CONTAINING A SEVERABILITY CLAUSE;AND
PROVIDING FOR AN EFFECTIVE DATE
(i) Resolution No. 94-34 Authorizing Submission of a 1994 Home Grant
Application to the Texas Department of Housing and Community Affairs
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WYLIE,TEXAS,AUTHORIZING THE SUBMISSION OF
AN APPLICATION FOR ASSISTANCE UNDER THE 1994
TEXAS HOME INVESTMENT PARTNERSHIP PROGRAM
(HOME PROGRAM); AUTHORIZING A LOCAL MATCH,
AND DESIGNATING THE CITY MANAGER TO ACT AS
THE CITY'S REPRESENTATIVE IN AL MATTERS
PERTAINING TO THE CITY'S PARTICIPATION IN THE
TEXAS HOME PROGRAM
Mayor Swartz read the ordinance captions. Wright made a motion to approve the Consent
Agenda. Mondy seconded the motion. The motion was voted on and passed
unanimously.
Council Minutes 12/13/94 Page 2
PRESENTATION BY SHAN ENGLISH REGARDING WYLIE FIRE ACADEMY
Fire Chief Shan English gave a detailed presentation regarding a regional training
academy through the North Texas Training Association for firefighters that would be
beginning in Wylie in January.
PRESENTATION BY ADS ENVIRONMENTAL SERVICES
Gary Woods and Terry Payne with ADS Environmental Services reported to Council
regarding a sewer system infiltration/inflow analysis completed over the past two months.
Council had contracted with ADS to develop a comprehensive sewer system assessment.
Woods and Payne presented their findings along with detailed recommendations for each
inflow and infiltration problem identified in the study.
RECOMMENDATIONS BY CITIZENS' BOND ADVISORY COMMITTEE (CBAC) AND
RESOLUTION NO. 94-35 ADOPTING RECOMMENDATIONS
Beth Fultz, Chair of the Citizens' Bond Advisory Committee, made the following
recommendations to Council:
(1) That Council approve a $7 million bond program for 1995 including $4
million for water ad wastewater improvements and $3 million for street
improvements
(2) That the bond election be held February 18th
(3) That branch early voting locations, extended hours, and Saturday voting be
providing according to a petition she submitted
She stated that members of the Citizens' Bond Advisory Committee had also planned to
actively promote and campaign in support of the bond program and outlined some of their
campaign ideas.
Allen made a motion to approve a resolution adopting the recommendations of the
Citizens' Bond Advisory Committee. Wright seconded the motion. The motion was voted
on and passed unanimously.
A RESOLUTION OF THE CITY OF WYLIE,TEXAS,ADOPTING THE RECOMMENDATIONS
OF THE CITIZENS' BOND ADVISORY COMMITTEE REGARDING THE TOTAL VALUE,
SPECIFIC PROJECTS,AND COMPOSITION OF PROPOSITIONS FOR THE FEBRUARY
18, 1995 BOND PROGRAM, AND STRATEGIES FOR EDUCATING THE VOTERS
REGARDING 1995 BOND PROGRAM
Council Minutes 12/13/94 Page 3
RESOLUTION NO. 94-36 CALLING FOR FEBRUARY 18, 1995 BOND ELECTION
Wright made a motion to approve a resolution calling for a February 18, 1995 bond
election on the following measures: $4 million for water ad wastewater improvements and
$3 million for street improvements. Adams seconded the motion. The motion was voted
on and passed unanimously.
A RESOLUTION ORDERING A BOND ELECTION TO BE HELD IN THE CITY OF WYLIE,
TEXAS, ON FEBRUARY 18, 1995; MAKING PROVISION FOR THE CONDUCT OF THE
ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH
ELECTION
PRESENTATION BY KERRY CAROTHERS, REPRESENTING THE PARKS &
RECREATION BOARD AND RESOLUTION NO. 94-37 ADOPTING A PROJECT LIST
FOR SUBMISSION TO THE WYLIE PARKS AND RECREATION FACILITIES
DEVELOPMENT CORPORATION FOR FUNDING AUTHORIZATION
Kerry Carothers presented a project list to Council for presentation to the Parks and
Recreation Facilities Development Corporation for funding authorization. He noted that
the Park Board's priorities for 1995 included developing a master parks and recreation
plan and promoting the upgrade of existing parks and recreation facilities. Councilman
Bobby Jennings arrived during this segment of the meeting. Wright me a motion to
approve a resolution accepting the project list. Mondy seconded the motion. The motion
was voted on and passed unanimously.
A RESOLUTION OF THE CITY COUNCIL OF WYLIE,TEXAS,ADOPTING A PROJECT LIST
OF PARK AND LIBRARY IMMEDIATE NEEDS FOR SUBMISSION TO THE WYLIE PARKS
AN RECREATION FACILITIES DEVELOPMENT CORPORATION FOR FUNDING
AUTHORIZATION IN FY95
APPOINTMENT WITH DON JERNIGAN REGARDING REQUEST FOR DISANNEXATION
Mr. Jernigan requested Council to disannex his property for failure to provide city
services. He introduced Thomas K Jernigan, co-owner of the property, and neighboring
property owners C.B. Watts and Mr. and Mrs. Waldner who had each signed a petition by
Mr. Jernigan for disannexation. They stated that sewer was within 500 feet but cost
prohibitive for hooking on and that Marshall Road had been paved and a street light
installed by personal funding since the road was a non-dedicated street. City Manager
Steve Norwood noted that research at the County had shown that Marshall Road from FM-
544 to the curve of the road was a dedicated street and would be maintained by the City.
Council discussed the disannexation petition with City Attorney Richard Abernathy
and the cost of boring under FM-544 with City Engineer Greg MacLean. Council
considered exchanging right of way for the cost of boring under FM-544 and discussed the
Council Minutes 12/13/94 Page 4
differences in obtaining utilities when developing raw land as opposed to building in a
developed subdivision.
Mondy made a motion to take no action but instruct the City engineer to prepare a
cost analysis and instruct the staff to investigate the amount of existing and required right
of way. Allen seconded the motion. The motion was voted on and passed unanimously.
APPEAL FROM DAVID AND CAROLYN TUTTLE TO DECISION OF THE HOUSING
ADVISORY BOARD
David Tuttle, 112 Fairmount, explained that his residence had retained storm
damage that did not become evident until insurance had settled his claim. He stated that
unsettled damage included a warped and weather damaged garage door and vapor locked
windows. The Housing Advisory Board had not recommended forwarding his application
to the State until all storm victims who suffered major damage had been given an
opportunity to apply. Tuttle presented photos to the Council and discussed his insurance
policy and the number of vapor-locked windows. Council took no action on this request.
PUBLIC HEARING AND REQUEST FROM DAN SCARBOROUGH FOR CHANGE IN
ZONING FROM "B-2" TO "SF-2" ON APPROXIMATELY 5 ACRES LOCATED A WEST
BROWN AND WINDING OAKS
Mayor Swartz opened the public hearing and Dan Scarborough of Shepard Place
Homes, presented his application to the City Council to develop ten "SF-2" lots an
estimated 275 feet deep fronting Brown Street. Council questioned the developer
regarding parking and the provision of circular drives as well as the average structure size.
Jennings stated that the property had been designated "B-2" and was inappropriate for
anything other than retail uses. As there was no one else wanting to address this issue,
the public hearing was closed.
Wright made a motion to deny the zone change request. Jennings seconded the
motion. The motion was voted on and passed with all in favor except Adams who was
opposed.
REPLAT REQUEST FROM SHEPARD PLACE HOMES
This application was withdrawn following denial of the zone change application.
FINAL PLAT FOR PREMIER BUSINESS PARK ADDITION
Norwood explained that the Wylie Development Corporation had submitted the final
plat for three lots consisting of approximately 51 acres at County Road 297 and Sanden
Boulevard for future industrial development. He stated that the final plat as submitted met
Council Minutes 12/13/94 Page 5
all development requirements. Mondy made a motion to approve the final plat. Allen
seconded the motion. The motion was voted on and passed unanimously.
CHANGE ORDER#3 FROM MAX B CONSTRUCTION FOR 1ST STREET WATER MAIN
IMPROVEMENTS AND HOLLAND HITCH SEWER LINE
Norwood explained that the change order in the amount of $2500 was a credit to
the City of Wylie for damage to sidewalks and drive approaches during construction.
Jennings made a motion to approve the change order. Mondy seconded the motion. The
motion was voted on and passed unanimously.
FINAL PAYMENT TO MAX B CONSTRUCTION FOR 1ST STREET WATER MAIN
IMPROVEMENTS AND HOLLAND HITCH SEWER LINE
Norwood explained that the project had been completed and that payment of the
remaining $43,533.73 would begin the one year warranty. City Engineer Greg MacLean
explained that a Consent of Surety was still needed from the contractor. Wright made a
motion to approve final payment subject to receipt of all required paperwork including the
Consent of Surety. Mondy seconded the motion. The motion was voted on and passed
unanimously.
STAFF REPORTS
Norwood updated Council on status of sales tax receipts, noted that the City of
Wylie's citizen newsletter had one another national award, and discussed the City of
Wylie's investment report. Finance Director Brady Snellgrove discussed investment status
with TEXTPOOL.
CITIZEN PARTICIPATION
Tim Hillery, 907 Mardi Gras, made a complaint to Council regarding the resolution
of a sexual assault case by the police department in the past year as well as the police
department's handing of a motor vehicle accident involving his son.
EXECUTIVE SESSION
Council adjourned into Executive Session at 10:10 p.m. under 551.072 Government
Code regarding acquisition of real property for economic development.
Council Minutes 12/13/94 Page 6
APPROVAL OF REQUEST FROM DEVELOPMENT CORPORATION FOR LAND
PURCHASE
Upon reconvening into regular session at 10:20 p.m., Wright made a motion to
approve a request from the Wylie Development Corporation, Inc. for the purchase of
property. Mondy seconded the motion. The motion was voted on and passed
unanimously.
ADJOURNMENT
As there was no further business to come before Council for consideration, the
meeting adjourned at 10:20 p.m.
APPROVED
ATTEST
Council Minutes 12/13/94 Page 7
• ...
................ ....... .2.........
ha� nala�i tillla .19
Qxo[ on [min. Official Pilt �n of hQ f
ISSUE
The proposed resolution will designate the Wylie News as the official publication of the City for a single
calendar year.
BACKGROUND
Section 52.004 of the Local Government Code requires that the City Council designate by ordinance or
resolution a public newspaper to be the official newspaper for the city. The Wylie News and the Dallas
Times Herald are the two publications in town that meet the criteria for an official publication as provided
by statute. The Dallas Morning News is cost prohibitive.
LEGAL CONSIDERATIONS
Statute requires this action by Council the first January of every calendar year.
STAFF RECOMMENDATION
Staff recommends approval of the resolution.
ATTACHMENTS
(1) Resolution (2) Copy of Statute
(3) Letter from Attorney Recommending This Action
t
Submitt d Approved By
ORGANIZATION OF MUNICIPAL GOVERNMENT 2. 1-- § 5 0 3
sons executing the",-- mayor shall sign the ordinances and resolutions that evidence of the adoption of the ordinance and of the
lay after the date of the mayor approves. required publication.
ed by the municipal-Y (b) If the mayor does not sign an ordinance or (c) An ordinance required to be published by this
resolution before the fourth day after the date it is section takes effect when the publication requirement
ly to a referendum placed in the secretary's office and does not return the is satisfied unless the ordinance provides otherwise.
le state constitution ordinance or resolution under Subsection (c), the ordi- An ordinance that is not required to be published by
nance or resolution takes effect as provided by law. this section takes effect when adopted unless the
t, § 6(a), eff. Aug. 28, . (c) If the mayor returns an ordinance or resolution ordinance provides otherwise.
• to the governing body with a statement of objections (d) If a Type A general-law municipality publishes
before the fourth day after the date the ordinance or its ordinances in pamphlet or book form, the publica-
OF MUNICIPAL resolution is placed in the secretary's office, the gov- tion in the official newspaper of an ordinance included
erning body shall, on the return, reconsider the vote in the pamphlet or book is not required if the ordi-
by which the ordinance or resolution was adopted. If nance was published previously in the official newspa-
L PROVISIONS a majority of the total number of members of the per. A court shall admit without further proof an
GENERAL- governing body, excluding the mayor, approve the ; ordinance of a Type A general-law municipality that is
TIES ordinance or resolution on reconsideration and enter published in pamphlet or book form as authorized by
the votes in the journal of the governing body's pro- the governing body if the ordinance was published
pe A General-Law Mu- ceedings, the ordinance or resolution may take effect. previously in the official newspaper.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Acts 1987,70th Leg.,ch. 149, § 1,eff.Sept. 1, 1987. Amend-
;.elated Conditions for ed by Acts 1989, 71st Leg.. ch. 194, § 1, eff. Aug. 28, 1989.
52.004. Official Newspaper
-ed for expansion]
(a) As soon as practicable after the beginning of § 52.012. Type B General-Law Municipality
each municipal year, the governing body of the munic- (a) Before an ordinance or a bylaw of a Type B
v OF ORDINANCES ipality shall contract, as determined by ordinance or general-law municipality may be enforced, the ordi-
ipality. resolution,with a public newspaper of the municipality nance or bylaw, or a caption that summarizes the
pality. to be the municipality's official newspaper until anoth- purpose of the ordinance or bylaw and the penalty for
er newspaper is selected. violating the ordinance or bylaw must be posted in
bi The governinghallpublish in the munici three public places in the municipality or published in
�I, PROVISIONS body a newspaper that is published in the municipality. If
k GENERAL- pality's official newspaper each ordinance, notice, or no newspaper is published in the municipality, the
,ITIES other matter required by law or ordinance to be 1ordinance, bylaw, or summary may be published in a
published. newspaper with general circulation in the municipali-
e to Type A Gener- Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
ty.
:y
[Sections 52.005 to 52.010 reserved for expansion] (b) Unless the publication is in a weekly newspaper,
3 a Type A general-
B. PUBLICATION the governing body must post or publish the ordi-
SUBCHAPTEROF ORDINANCES nance, bylaw, or summary for at least two days. If
I. Sept. 1, 1987. the publication is in a weekly newspaper, the govern-
ing in bod• shall publish the ordinance, bylaw, or sum-
§ 52.011. Type A General-Law Municipality y
mary in one issue.
of the municipality' (a) If a Type A general-law municipality adopts an Acts 1987,70th Leg.,ch. 149,§ 1,elf.Sept.1, 1987. Amend-
ity council of the city ordinance that imposes a penalty, fine, or forfeiture, ed by Acts 1989, 71st Leg.. ch. 194, § 2, eff. Aug. 28, 1989.
ty)." -'1 the ordinance, or a caption that summarizes the pur-
;hen the ordinance is pose of the ordinance and the penalty for violating the § 52.013. Home-Rule Municipalities
ordinance, shall be published in: (a) The governing body of a home-rule municipality
f. Sept. 1, 1987. (1) every issue of the official newspaper for two may publish a caption of an adopted ordinance that
days: or summarizes the purpose of the ordinance and any
and Related Condi- (2) one issue of the newspaper if the official penalty for violating the ordinance in lieu of a require-
,ce to Take Effect newspaper is a weekly paper. ment in the municipality's charter that the text of the
2solution adopted by (b) An affidavit by the printer or publisher of the ordinance be published.
tnicipality may take official newspaper verifying the publication shall be (b) If the charter of a home-rule municipality does
in must be placed in tiled in the office of the secretary of the municipality. not provide for the method of publication of an ordi-
e municipality. The In the courts of this state, the affidavit is prima facie nance, the full text of the ordinance or a caption that
63
Fax:21 -502-0202 Nov 7 '94 15:45 F. 02
Law Offices of
ABERNATHY,ROEDER,ROBERTSON&JOPUN
J.L.Abernathy A Professional Corporation 214/542-2661
Richard M.Abernathy" 101 East Davis Street Dallas 562-9003
Larry R.Boyd P-O. Box 1210 FAX
.loc M.Joplin° McKinney, Texas 75069-1210 214/562-0202
Rick Robertson`
Robert FL Roeder'
D.Kay Woods
`Board Certified-Family Law Board Certified-Civil Trial Law
Texas Board of Legal Specialization Team Board of Lentil Specialization
'Qualified Mediator
November 7, 1994
Ms. Mary Nichols BY FAX 442-4302
City of Wylie
2000 Hwy. 78 N.
P.o. Box 428
Wylie, Texas 75098
RE: Resolution Establishing a Public Newspaper of General Circulation
Dear Mary:
Enclosed please find a proposed Resolution establishing an official newspaper.
Additionally, I want to point out that Section 52.004 of the Local Government Code
requires this designation annually, therefore you may want to make note of this
requirement and implement whatever procedures necessary to accomplish this annually.
Please feel free to contact either me or Richard should you have any questions
regarding this matter.
Very truly yours,
D. Kay Woods
DKW/lw
enclosure
1:/mbox8/wylie/newspape.ltr
.y . ... ..... .
...............::;::
Ord iin o ii School n*/S ` . Zones
ISSUE
The Wylie Independent School District has changed the attendance
time of schools within the city. The school zone times need to be
changed to effectively enforce the ordinance and change the traffic
control signs to conform with the new attendance times.
BACKGROUND
School Crossing Zones were established to slow traffic during the
times children arrive and leave school property. These times are
established through City Ordinance. These ordinances allow for
specific school zone speed signs to be posted and for the police to
enforce the speed limits in the school zone. A recent change in
the attendance time of the schools has created the need to update
the ordinances and signs.
The changes are as follows :
Elementary Schools - School Times 8 :00 A.M. - 3 :00 P.M.
Kindergarten 11 : 00 end - 12 : 00 begin
Needs :
A.M. 7 :15 - 8 :00
11 : 00 - 12 :00
P.M. 3 : 00 - 3 : 30
Middle School - School Zones 8 :05 A.M. - 3 : 05 P.M.
Needs:
A.M. 7:20 - 8 :05
P.M. 3 :05 - 3 : 35
High School - School Times 8:10 A.M. - 3 :10 A.M.
Needs:
A.M. 7: 25 - 8 :10
P.M. 3 :10 - 3 : 40
FINANCIAL CONSIDERATIONS
Public Works will have to reprint the school times on metal or
plastic sign partial to cover the old times and display the new
school zone times. We do not have cost estimates at this time.
LEGAL CONSIDERATIONS
The statute governing school zone speeds is located in the City of
Wylie City Ordinances under:
Chapter 10 - Traffic Regulations
Section 19.02 - Specific Speed Limits
Subsection C - School Zones
I have submitted a new draft of the ordinance, which if adopted
would, conform to the new school attendance times.
Thank you for your consideration.
Submitted By Approved By
a
(]::; c) [Du
WYLIE INDEPENDENT SCHOOL DISTRICT
H. John Fuller. Ed.D. John H. Simmons
Superintendent Business Manager
October 6, 1994
Mr. Linden Burgess
Project Engineer
Texas Department of Transportation
P. O. Box 3067
Dallas, Texas 75221-3067
Dear Mr. Turk:
Following are the revised times that either flashing lights and/or signs are
needed at the Wylie Independent School District school zones to accommodate the
safe crossing conditions for our children:
Elementary Schools - School Times 8:00 a.m. - 3:00 P.M.
Needs:
A.M. 7:15 - 8i00
11:00 - 12:00 -
P.M. 3:00 - 3:30
Birmingham Elementary - 700 W. Brown Street (Light on FM 3412)
Hartman Elementary - 510 S. Birmingham (Light on Hwy 78)
Akin Elementary - 1100 Springwood (Sign on E. Brown)
Middle School - School Times 8:05 a.m. - 3:05 p.m.
Needs:
A.M. 7:20 - 8:05
P.M. 3:05 - 3:35
Wylie Middle School - 1001 S. Ballard Street (Sign on S. Ballard Street)
High School - School Times 8:10 a.m. - 3:10 p.m.
Needs:
A.M. 7:25 - 8:10
P.M. 3:10 - 3:40
Wylie High School - 516 S. Hilltop (Light on Stone Road - South FM 544)
Your help and cooperation in making the necessary adjustments will be greatly
appreciated.
•urs truly,
111
i'vohn H. Simmons
usiness Manager
JHS/dh
cc: Dave Brungardt, Police Chief, City of Wylie
P.O. Box 490 • Wylie. Texas 75098-0490 • (214) 442-5444 • FAX (214) 442-5368
ih) t. ,,N Ork ,f,)°--f-c--Q-
(c) School Zones (g) On Stone Road from a point four
hundred feet (400') west of the
It shall be unlawful for any person to point of its intersection with Allen
operate, or drive, any vehicle at a speed Road to a point two hundred fifty
greater than the speed designated or posted, feet (250') east of the point of its
or to overtake or pass any other vehicle in intersection with Allen Road.
any school zone as may be marked or designated
within the city during the hours indicated (2) Twenty (20) miles per hour between
upon signs erected in such zone, or whenever the hours of 7:20 a.m. to 8:05 a.m.
children are present in such zones. and 3:05 p.m. to 3:35 p.m. on school
days on the following streets:
The following prima facie maximum speed limits
hereafter indicated for motor vehicles are (a) On Ballard Street from the
hereby determined and declared to be point of its intersection with
reasonable and safe, and such maximum speed Pirate Drive to a point three
limits are hereby fixed at the rate of speed hundred twenty-five feet (325')
indicated for motor vehicles traveling upon south of the point of its
the main street or highway, or parts thereof, intersectionwith Birmingham Street.
and no motor vehicle shall' be operated along
or upon said portions of said named streets or (3) Twenty (20) miles per hour between
highway within the corporate limits of the the hours of 7:25 a.m. to 8:10 a.m.
City of Wylie in excess of the speeds set and 3:10 p.m. to 3:40 p.m. on school
forth as follows: days on the following streets:
(1) Twenty (20) miles per hour between (a) On Stone Road from a point two
the hours of 7:15 a.m. to 8:00 hundred twenty feet (220') east of
a.m. and 11:00 a.m. to 12:00 p.m. the point of its intersection with
and 3:00 p.m. to 3:30 .m. on Ballard Street to a point one
school days on the following hundred fifty feet (150') east of
streets. the point of its intersection with
Hilltop Street.
(a) On Brown Street from apoint
one hundred fifty feet (150' west (b) On Pirate Drive from the point
in
tersection the point of its intersection of its with Hilltop
with Rustic Trail to a point three Street to a point two hundred feet
hundred sixty feet (360 ) east of (200') east of the point of its
the point of its intersection with intersection with Ballard Street.
Westgate Way.
(c) On Hilltop Street from the
(b) On Birmingham Street from the point of its intersection with
oint of its intersection with Pirate Drive to a point two hundred
Williams Street to the point of its twenty-five feet (225') south of the
intersection with Stone Road. point of its intersection with Stone
Road.
(c) On Kirby Street from a point
two hundred feet (200') east of the (4) Twenty-five (25) miles per hour
point of its intersection with between the hours of 7:15 a.m. to
Memorial Drive to the point of its 8:00 a.m. and 11:00 a.m. to 12:00
intersectionwith Birmingham Street. p.m. and 3:00 p.m. to 3:30 p.m. on
school days on the following
(d) On Springwood Lane from the streets:
point of its intersection with
Lanwood Drive to the point of its (a) On State Highway 78 from the
intersection with W.A. Allen point of its intersection with
Boulevard. Jackson Street to a point five
hundred fifty-five feet (555') south
(e) On W.A. Allen Boulevard from a of the point of its intersection
point five hundred fifty feet (550') with Birmingham Street.
north of the point of its
intersection with Springwood Lane to The speed limits contained herein shall not be
a point two hundred fiftyfeet effective until signs giving notice of such
(250') south of the point of its regulations are posted upon or at the
intersection with Springwood Lane. entrances to those portions of the street or
highway affected as may be most appropriate in
(f) On Brown Street from a point accordance with the Uniform Manual on Traffic
four hundred fifty feet (450 ) west Control Devices promulgated by the State
of the point of its intersection Department of Highways and Public
with W.A. Allen Boulevard to a point Transportation of the State of Texas, and the
four hundred eighty-five feet (485') city manager or, his or her dutyauthorized
east of the point of its representative is authorized and directed to
intersection with W.A. Allen cause to be erected such appropriate signs.
Boulevard.
(d) Thence continuing along S.H. 78 in or designated within the city during the hours
a northerly direction for a distance of indicated upon signs erected in such zone, or
T) )i.,\'' 3.417 miles, approximately, said point whenever children are present in such zones.
(Station 708+25) being the north city E
limits of Wylie, a maximum speed of 55 (Ord.78-17 adopted 5-23-78,Art.V,Sec.2)
miles per hour.
The following prima facie maximum speed limits
(Ord.88-14 adopted 6-28-88) hereafter indicated for motor vehicles are hereby
determined and declared to be reasonable and safe,
(9) FM 544 and such maximum speed limits are hereby fixed at
the rate of speed indicated for motor vehicles
(a) FM 544 West to S.H. 78 traveling upon the main street or highway,or parts
thereof, and no motor vehicle shall be operated
(1) Beginning at said point (Station along or upon said portions of said named streets
330+33) being Wylie west city or highway within the corporate limits of the City
limits thence continuing along of Wylie in excess of the speeds set forth as
FM 544 in an easterly direction follows:
for a distance of 0.905 mile,
approximately, a maximum (1) Twenty (20) miles per hour between the
speed of 55 miles per hour; hours of 7:30 a.m. to 8:30 a.m. and 3:30
p.m. to 4:00 p.m. on school days on the
(2) Thence continuing along FM following streets:
544 in an easterly direction for a
distance of 0.462 mile, (a) On Stone Road from a point two
approximately, said point hundred twenty feet (220') east of the
(Station 402+56) being Wylie point of its intersection with Ballard
city limits,a maximum speed of 0,S • Street to point one hundred fifty feet
50 miles per hour, (150) east of the point of its intersection
with Hilltop Street.
(3) Beginning at said point (Station
468+62 thence continuing along (b) On Pirate Drive from the point of its
FM 544 in an easterly direction intersection with Hilltop Street to a point
for a distance of 0.254 mile, 1'4-`' - two hundred feet (200') east of the point
approximately, said point of its intersection with Ballard Street.
(Station 482+07) being at the
intersection of S.H. 78, a (c) On Hilltop Street from the point of
maximum speed of 40 miles per its intersection with Pirate Drive to a
hour. '1 1-) point two hundred twenty-five feet(225')
f 1 south of the point of its intersection with
(Ord.88-20A adopted 8-9-88) Stone Road.
(b) FM 544 South and East of S.H. 78 (�--�Ballard Street from int of-\----
itsts intersect a Drive to a
Beginning at said point (Station 5. point three h twen - feet(325')
543+90) being the north intersection M south of point of its intersection with
with S.H. 78 in the City of Wylie B• • gham Street.
thence continuing along FM 544 in a
southerly and easterly direction for a (2) Twenty (20) miles per hour between the
distance of 1.000 mile, hours of 7:30 a.m. to 8:30 a.m., 11:00
approximately, a maximum speed of a.m. to 12:30 p.m., and 2:30 p.m. to
30 miles per hour. 4:00 p.m. on school days on the
following streets:
(Ord.87-20 adopted 3-10-87)
On Brown Street from a point
(c) School Zones hun fifty feet(150')west a point
of its inte 'on with stic Trail to a
It shall be unlawful for any person to operate, or point three hundr t feet (360') east
drive,any vehicle at a speed greater than the speed of the poin of its in ection with
designated or posted, or to overtake or pass any W to Way
other vehicle in any school zone as may be marked
10-22
(b) On Birmingham Street from he The speed limits contained herein shall not be
J poitreet t of itsthepoint of intersection
its ' rsection wit i liamswith effective until signs giving notice of such
S regulations are posted upon or at the entrances to
C et)
Stone Roa . those portions of the street or highway affected as
may be most appropriate in accordance with the
(c) On Kirbry Street a point two Uniform Manual on Traffic Control Devices
hundred/feet(200')east of int of its promulgated by the State Department of Highways
interseQn with Memorial Driv o the and Public Transportation of the State of Texas,
pgiiii of its intersection with Birmingham and the city manager or his or her duly authorized
Street. representative is authorized and directed to cause to
be erected such appropriate signs.
(3) Twenty (20) miles per hur between the
hours of 7:30 a.m. to 8:30 a.m., 11:30 (Ord.9a 1 a o vf; c'-'1.R.A': ��t:: '.
a.m. to 12:30 p.m., and 2:30 p.m. to
4:00 p.m. on school days, on the § 19.03 tracing Fi thib,'_ed;'
following streets:
Any person who shall race or engage in a contest
On Springwood Lan on-the point for speed between motor vehicles of any kind upon
of its inte ' ` ith Lanwood Drive to any public street or alley within the city shall be
theieof its interne ' ith W. A. deemed guilty of a misdemeanor. The fact that the
Alen Boulevard. actual speed attained by any vehicle engaged in
racing or in contest for speed is less than the prima
(b) On W. A. Allen Boulevard._Jrnm-a- facie legal speed limit shall be no defense to a
porn hundred fifty-.feet(550) north complaint of racing or engaging in a contest for
of the poin .f-its intersection with speed in violation of this section.
Springwoocii ane to ' two hundred
fifty-feet (250') south of the pot (Ord.78-17 adopted 5-23-78,Art.V,Sec.3)
Ktersection with Springwood Lane.
(c) On Brown Street from a point four § 19.04 Minimum Limits
hundred-6 feet(450) west-6f the point No person shall drive a motor vehicle at such a
of its intersec i i itii W. A. Allen slow speed as to impede or block the normal and
Boulevard_tc-a point four ndred eighty- reasonable movement of traffic, except when
fives�--Tet (485') east of the po nt of its reduced speed is necessary for safe operation or
ii tersection with W.A.Allen Boulevard. compliance with law.
(d) On Stone Road from a point fot{r (Ord.78-17 adopted 5-23-78,Art.V,Sec.4)
unt' -fee 400')west of the point of its
intersection wit - -Road to a point § 19.05 Exemptions
two hundred--fifty feet ( st of the
point 6f its intersection with Allen ad.- The provisions of this section and other ordinarces
of the city regulating the speed of vehicles shall
(4) Twenty-five(25) miles per hour between not apply to vehicles of the fire department when
the hours of 7:30 a.m. to 8:30 a.m., responding to a call, nor to police patrol vehicles,
11:00 a.m. to 12:30 p.m., and 2:30 p.m. physicians' vehicles,or ambulances when actually
to 4:00 p.m. on school days on the engaged in responding to emergency calls;
following street: provided, however, that this subsection shall not
i
(a) On State Highway 78 from the point of forty-five (45) miles per hour, or the speed
4-)'------
of its intersection with Jackson Street to a limit,whichever is greater.
point five hundred fifty-five feet (555')
south of the point of its intersection with (Ord.78-17 adopted 5-23-78,Art.V,Sec.5)
Birmingham Street. authorize any ambulance driver to exceed the speed
(Ord.90-12 adopted 8-28-90,Sec. 1)
`State Law reference—Racing on streets and
highways prohibited, V.A.C.S., Art. 6701d, Sec.
185.
10-23
Issue
American National Bank (the City's depository institution) requires a corporate resolution
formally delegating the management of investments to the appropriate city staff.
Background
In order to have any investment activity handled through American National Bank, the resolution
authorizing such activity must be approved by council resolution. See the attached letter dated
December 15, 1994 from Steve Norwood to American National Bank for further background.
Staff Recommendation
Staff recommends the council adopt a formal resolution designating Brady Snellgrove and Pamela
Gidney as investment officers for the City of Wylie.
Attachments
Letter dated December 15, 1994 to American National Bank
Form of resolution as required by American National Bank
'411111114.7,- /
>44_ izi47,
Prepared by Approved by
ie
CITY OF Wyr. I
2000 HWY. 78N.-P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-8100• FAX 442-4302
December 15, 1994
TO: American National Bank, Terrell, Texas
FROM: Steve Norwood, City Manager
Reference: Delegation of Investment Authority
Government Code, Title 10, Chapter 2256, Paragraph 2256.055 (copy attached) states
the authority to invest local funds can only be given with the express written approval of
the governing body or the chief executive officer. The City's investment policy provides for
the Director of Finance to have the authority to delegate any phase of the investment
management program to members of the City staff, with City Manager approval..
We respect the bank's request for a corporate resolution for safekeeping of securities.
Such resolution requires City Council action and will be placed on the agenda for adoption
on Tuesday, January 10, 1995.
Brady Sneligrove, Director of Finance, who has been handling the City's cash
management and investments since October of 1991 and Pamela Gidney, Chief
Accountant are the designated investment officers for the City of Wylie.
Respectfully,
Steve Norwood, City Manager
attachment (1)
§ 2256.052 A GENERAL t
GOVERNMENT CODE .' Ch. 2256
Title 10
Historical and Statutory Notes I
Prior Laws: Acts 1989, 71st Leg., ch. 693, § 2. %t'.. Prior Laws:
Acts 1979, 66th Leg., p. 2071, ch. 810. ...it Acts 1979, 66
Vernon's Ann.Civ.St. art. 4413(34c), § 2(a).
Vernon's Anr
§ 2256.053. Investment Rate of Return
§ 2256.051
A state agency, political subdivision, or investment pool shall invest its local
funds in investments that: A political
authority to
(1) yield the highest possible rate of return; funds.
(2) protect the principal; and
Added by Acts
(3) are consistent with the operating requirements of the agency, subdivi-
sion, or pool as determined by the governing body.
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. Prior Laws:
Acts 1979, 66
Historical and Statutory Notes "
Prior Laws: Acts 1989, 71st Leg., ch. 693, § 2. § 2256.05'
•
Acts 1979, 66th Leg., p. 2071, ch. 810. Vernon's Ann.Civ.St. art. 4413(34c), § 6(a).
(a) At leas
§ 2256.054. Deli } n.O c subdivision s
funds investr
(a) Each state agency or political subdivision shall designate, by rule, order, (b) The re,
ordinance, or resolution, one or more officers or employees of the agency,
subdivision, or investment pool to be responsible for the investment of its local (1) desc.
funds. on the dat
(b) Subsection (a) does not apply if an officer of the agency or subdivision is (2) be p
assigned by law the function of investing its local funds. sion; and
(c) An officer or employee of a commission created under Chapter 391, Local (3) be s
Government Code, is ineligible to be designated as an investment officer under (c) The re
Subsection (a). five officer c
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. Added by Act.
Historical and Statutory Notes
•
Prior Laws: Vernon's Ann.Civ.St. art. 4413(34c), §§ 2(b), Prior Laws:
Acts 1979, 66th Leg., p. 2071, ch. 810. 3(a).
Acts 1989, 71st Leg., ch. 693, §§ 2, 3. Acts 1979, 6t
Vernon's Aru
§ 2256.055. - .e. e-.
§ 2256.05
1; •
A person may not deposit, withdraw, invest, transfer, or manage in any other
s'{ manner local funds of a state agency or political subdivision without express Notwithst
�... . ti •. a,,,>: if authorizes
i •r eff' ;., v: .L�«� •f the agency
.�. • u „� on request c
or su.•lvtsion.
.. Added by Aci
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
1
310
. trctitint
: ...
end d:. a lution oilIni ar : 18th.Bond Election
ISSUE
Attached is a resolution making certain amendments to the resolution calling the February 18th bond
election.
BACKGROUND
At your last meeting, Council approved a resolution calling the bond election. After approval, bond
counsel made some additional comments regarding the resolution and has recommended some minor
changes to reflect statutes that govern issuance of bonds as well as some additional proposition
wording. While our original resolution is sufficient, bond counsel would like more detailed information
including the restatement of certain statutory requirements that we will be observing.
LEGAL CONSIDERATIONS
We have already called the election so an amendatory resolution will not pose any problem on our
meeting posting and publication requirements.
STAFF RECOMMENDATION
Staff recommends approval of the resolution.
ATTACHMENTS
(1) Amendatory Resolution
-`1,047fse,C
Submitte B Appro
01/09/95 16:03 ''214 855 8200 F&J L.L.P. Z 001/006
FULORIGHT & JAWORSKI
L.L.P.
A RCGISTCRCO LIMITED LIABILITY PARTNERSHIP HOUSTON
WASHINOiTON. O,C,
2200 Ross AVENUE AUSTIN
SUITE 2800 SAN ANTONIO
DALLAS
TELEPHONE 2r4/855-8000 WALLAS, TEXAS 75201 NEW YORK
FACSIMILE: 244/855-8200 LOS ANGELE$
LON DO N
ZURICH
HONG KONG
Date: January 9, 1995
If you ecoerience arty problems with this transmission or have may questions,Please gall (214) 85,E-8097
FACSIMILE COVER SHEET
Phone No. in event of
To: Name: Facsimile Phone No. Transmission Difficulty
(1) Mary Nichols 214/442-4302 214/442-8100
(2) City of Wylie
(3)
From; Ed H. Esquivel Tel: 214-855-8013 Total Pages Sent: -6-
Gookdil_tha coast Mast,
RE: City of Wylie Matter No. 942597 Attorney No. 00577
RETURN TRANSMITTED FAX TO: LL (214/855-8387
Remarks/Notes: Attached is the revised amended Resolution to be considered
for adoption at tomorrow's City Council meeting. Final Documents for execution
will be forthcoming.
Should you have any questions, please advise.
CONFIDENTIALITY NOTICE: Unless otherwise indicated or obvious from the
nature of the transmittal, the information contained in this facsimile message is attorney
privileged and confidential information intended for the use of the individual or entity named
above. If the reader of this message is not the intended recipient, or the employee or agent
responsible to deliver it to the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this
communication in error, please immediately notify the sender by telephone and return the
original message to Fulbright & Jaworski at the above address via the U.S. Postal Service at our
expense. Thank you.
n_ l-
OFFICE SERVICES ONLY
TIME SENT: / /19 SENT BY:
Ale-
•
mummom
n
ISSUE
Tim Hillery has asked for an agenda item where Council can vote on whether or not to require an investigation
related to an accident involving Donny Long, his son, and Richard Cartwright.
BACKGROUND
Council will recall Mr. Hillery as a citizen who has come before you many times regarding this accident. The internal
investigation of the events conducted by the police chief was not satisfactory to Mr. Hillery and he now wants
Council to require a more formal investigation.
LEGAL CONSIDERATIONS
Council has no obligation to order an investigation at all, much less conduct one in the manner requested by a
complainant. Personnel complaints and department complaints are addressed internally by the City Manager and/or
affected department head. Council may, if you choose, contract for some kind of independent investigation but it
would be costly and a precedent may be set contrary to our Charter provisions by involving Council in administrative
matters and in resolving personnel complaints.
STAFF RECOMMENDATION
Staff believes that sufficient investigation of this incident has been conducted administratively although not to the
satisfaction of Mr. Hillery. Staff does not see cause for initiation of further investigation. An independent
investigation is an expense that taxpayers should not incur unless it is critical to the conduct of city business.
ATTACHMENTS
(1) Memo from Police Chief-January 3, 1995 (2) Judgement from J.P. Court on Civil Case
(3) Memo from Police Chief-July 26, 1994 (4) Letter to Mr. Hillery -October 14, 194
(5) Letter from Mr Hillery -October 11, 1994 (6) Letter from Mr. Hillery - January 3, 1995
Submitted By v Approve By
yoE Po ,
ck, WYLIE P•LICE DEPARTMENT
P.O.BOX 1062 WYLIE,TEXAS 75098 (214)442-8170
•
DEPT.
MEMORANDUM
To: Steve Norwood, City Manager
From: Dave Brungardt, Chief of Police
Date: January 3 , 1994
Subject: Hillary Concern over Accident #94-1702
Since Mr. Hillary continues to show concern over the accident were
his stepson was involved last summer, I am forwarding information
for your review. I have attached a copy of the memorandum I sent
you on July 26, 1994, explaining our actions in the accident
investigation.
This fall, Mr. Cartwright, owner of the other vehicle, sued Mr.
Hillary in small claims court for $1,000. The civil hearing by
jury was held on December 13, 1994. The jury found the Plaintiff
(Mr. Cartwright) should recover judgement of $1,000 and jury fee of
$5.00. I have attached a copy of the Civil Jury Judgement for your
review.
If you have any further questions, please call me.
Thank you for your cooperation.
CIVIL JURY JUDGMENT
CASE NUMBER: CV-94-00059
MORRIS CARTWRIGHT SMALL CLAIMS COURT
PLAINTIFF
VS PRECINCT TWO
DONNY LONG/VIVIAN HILLIARY
DEFENDANT COLLIN COUNTY,TEXAS
ON THIS THE 13TH DAY OF DECEMBER, 1994, THIS CASE WAS CALLED
AND BOTH PARTIES APPEARED AND ANNOUNCED READY FOR TRIAL.
MYSELF AND FIVE OTHERS WAS DULY SELECTED, IMPANELED AND
SWORN, WHO HAVE HEARD THE EVIDENCE SUBMITTED, RETIRED TO
CONSIDER THE VERDICT. AFTERWARDS RETURNED TO THE COURT IN
DUE FORM OF THE LAW THE FOLLOWING VERDICT, WHICH WAS
RECEIVED BY THE COURT AND IS HERE AND NOW ENTERED UPON THE
MINUTES, TO WIT:
WE, THE JURY FIND THAT THE PLAINTIFF SHOULD RECOVER JUDGMENT
THEREOF IN THE AMOUNT OF rQv[)„ -AND COURT COST AND
E.
ATTORNEY FEE $5.00 JURY E
FURE F THE JURY
OCKETED AND GIVEN UNDER MY HAND THIS THE l 3 'I` DAY OF
.�-�..�►,.��, 1994 .
JUDGE TERRY L. DOUGLAS
JUSTICE OF THE PEACE,PCT.2
2000 HWY 78,P0 BOX 1086
WYLIE, TEXAS 75098
. 4'
40
Ef POC/0_
c WYLIE P•LICE DEPARTMENT
_z6-,,
P.O.BOX 1062 WYLIE,TEXAS 75098 (214)442-8170
DEPT.
MEMORANDUM
To: Steve Norwood, City Manager
From: Dave Brungardt, Chief of Police
Date: July 26, 1994
Subject: Case Number 94-1702
This particular accident report has drawn a great amount of
attention from the fathers of the drivers of both vehicles. Since
the fathers have contacted the city council members with various
view points I wanted to relay the facts of the case for your
information.
On July 14, 1994 Officer Selman and Officer Trainee Stowers
responded to the report of an accident at Texaco. Upon arrival •
they found both vehicles on the street adjacent to the Texaco lot.
After speaking to both drivers, in the rain, they felt that the
accident occurred on the Texaco Lot and gave both drivers blue
forms (forms used for each driver to document the accident and send
to the state) . The officers left and did not record any
information for a State of Texas Peace Officers Accident Report.
The father of Driver #2, Morris Cartwright called the department
and was upset that a State accident report was not filled out. The
officers responded to the Cartwright residence to fill out an
accident report since it was determined that it occurred on the
street and not in the parking lot, and one of the involved parties
wanted an accident report.
The officers filled out information for Driver #2 Cartwright and
received statements from those in Veh. #2.
The next evening (Friday) the officers were unable to locate a
telephone number for driver #1, Donny Long, so Officer Howell went
by Long's address and found no one at home.
On Saturday evening the officers went by the Long house on one
occasion and found no one at home. Later in the evening around
11:00 P.M. they went to the Long residence and spoke with Donny
Long and the passenger of the vehicle who filled out statements
about the accident. Officer Stowers advised that Donny Long's
mother was sleeping in the bedroom and Sgt. Young and he did not
wake her because they did not want to bother her. The officer's
filled out the portion of the accident form that related to Donny
Long and returned to active patrol.
During this time, Morris Cartwright (father of driver # 1) became
upset that we did not issue a traffic citation to Donny Long for
not having his headlights on during the accident. I explained to
Morris Cartwright that the officers make decisions on who they will
issue a traffic citation and that should not be swayed or affected
by citizens or other opinions. Mr. Cartwright was not happy with
the response and contacted you and members of the city council.
Because of the attention drawn to the accident case, and our
concern that it was filled out properly, I reviewed the report
with officer Selman before he turned in the completed accident
report.
Mr. Hillery (stepfather to Donny Long, Driver #1) called after he
received a copy of the report. He met with Officer Selman and
Stowers and discussed the accident and recorded the conversation.
Still unhappy with the conversation, he called me to discuss the
matter. I attempted to call him back on two occasions and received
a busy signal on the first attempt and no one answered on the
second attempt.
The morning of 7-26-94 I was called to Mike Collins, Assistant to
the City Manager, Office. Mr. Hillery advised that the report was
false, but after several attempts to have him identify what portion
of the report was false he advised the entire report and at one
point stated the statements were false. Mr. Hillery expressed
concern over the report advising it was not professional etc. , etc.
After several attempts to explain what I have detailed in this
letter, I was unable to make Mr. Hillery understand the chain of
events.
This accident report is now in the insurance adjustment phase and
should be handled by the involved insurance companies.
If you have any further questions, or I may provide any additional
information please call me.
Thank you for your consideration.
CITY OF W YLILa''
2000 HWY. 78N.-P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-8100 • FAX 442-4302
October 14, 1994
Mr. Timothy Hillery
907 Mardi Gras
Wylie, TX 75098
Dear Mr. Hillery:
In response to your open records request submitted on October 11, 1994, to view original
accident reports taken by the Wylie Police Department from March 1, 1994 through July 14, 1994,
the City of Wylie will make these reports available for your inspection beginning on October 25,
1994. You may view these documents from 9:00 a.m. to 11:00 a.m. each day for up to ten working
days. Police Department personnel will be present to retrieve and return the files during your
inspection. You are free to take notes or photocopy pages at the standard copy fee. However you
will not be allowed to alter the reports in any way, remove them from the premises or access the file
drawers.
The cassette tapes for the meetings of Council are available in the City Secretary's Office at
any time during the day. No appointment is necessary to listen to a tape but you may want to call
ahead to reserve the cassette player. Again, you will not be permitted to alter the tapes or remove
them. A tape can be copied for you for $5.00 or at no charge if you provide the blank tape.
The City of Wylie denies your request for written statements from the officers who
investigated the accident you reference for the following reasons:
(1) The accident report is itself a written statement of the events as viewed by the officer.
(2) The City of Wylie does not require employees to make written justification of their
actions to a complainant. Employee complaints are addressed internally by supervising
personnel.
Regarding your request for an "investigation", the Chief of Police has concluded his
investigation of the events related to the taking of the accident report you reference based on a verbal
complaint you made shortly following the accident. Neither he or the City Manager, Steve Norwood,
finds cause to initiate any further investigation.
Sincerely, ,
I
Mary Nichols
City Secretary
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igg.11 a C:ommunictl # 1 of Jan 1� 1 199
.: ai Purchase k Pa ; !�i •h Ci..::: .:::I rf: art#
I ue
Council is requested to discuss and consider approval of the purchase of a breathing compressor and self
contained breathing apparatus.
Background
The budget for fiscal 1995 includes the acquisition and lease/purchase financing of a breathing air compressor
with cascade system and assorted self contained breathing apparatus (SCBA) for the Fire Department. The
budgeted amount was based on an estimated annual payment for a three year lease/purchase.
As a member of the Collin County Governmental Purchasers Forum, the City of Wylie is able to purchase the
SCBA'S through a City of Plano bid awarded to International Safety Instruments. The I.S.I. equipment meets
or exceeds Wylie Fire Department specifications. The WFD requirements for SCBA's and accessories include:
15 - 30 minute capacity SCBA'S, 5 - 60 minute capacity SCBA'S, 15 spare 30 minute cylinders, 5 spare 60
minute cylinders, 60 face masks and 4 radio communication devices. The total cost is $43, 817.40.
Since the Plano bid did not include a compressor, competitive price quotes were solicited for the required air
compressor/cascade system. The low bid was from Scuba Air Compressor Service of Dallas at a purchase
price of$14,577.00. Quotes received from Hypres Equipment and Firestorm Fire Apparatus were $15,590.00
and $15,792.00, respectively.
Financial Cgnsidgrgtipn,I
Proposals have been solicited for lease/purchase financing for the above listed equipment. The cost and terms
of financing are addressed in a separate communication which follows. The available funds are more than
adequate to cover the amount of the first annual lease payment.
taf _R@_CQr unevaltiQn
Staff recommends that Council approve the purchase of the specified self contained breathing apparatus from
International Safety Instruments and the purchase of a breathing air compressor/cascade system from Scuba
Air Compressor Service, with the total purchase price of $58,394.40 to be financed through a tax exempt
Municipal Lease/Purchase Agreement.
a_r_i )Z, 4/87,7/,
Prepared/ y Approved by
I ue
Council is requested to discuss and consider authorization for the City Manager to execute a lease/purchase
agreement to finance the acquisition of a breathing air compressor and self contained breathing apparatus.
Backgrogn
The acquisition and lease/purchase financing of an air compressor/cascade system and breathing apparatus were
approved by Council as part of the Fire Department's capital budget for 1995. The recommendation for
purchase of this equipment has been addressed in the preceding agenda communication. Proposals for the
Financing of this purchase have been solicited from six (6) firms which specialize in Tax Exempt Municipal
Leases. In addition, both of the local banks were contacted and each offered information on fixed rate loans.
The most advantageous financing proposal was submitted by Associates Commercial Corporation of Dallas.
Below is a comparison of the Quoted Rates for both a three (3) year and four(4) year lease, with total funding
estimated at $60,000.00 for purposes of rate quotation and evaluation. The total cost includes a nonrecurring
underwriting fee of$300.00
Term of Lease Annual Payment Total Cost
3 Years $21,317.76 $64,253.28
4 Years $16,530.75 $66,423.00
Financial Considerations
The Fire Department budgeted $29,500.00 for the purchase of bunker gear and the breathing apparatus system
in fiscal '95. Of that amount, the unencumbered balance after purchasing bunker gear is $22,650.00. This
amount is more than adequate to cover the first annual payment on a three (3) year lease.
taff 'crgr•n
Staff recommends that Council authorize the City Manager to execute a three(3)year lease/purchase agreement
with Associates Commercial Corporation to finance the recommended purchase of an air compressor/cascade
system and self contained breathing apparatus, with the first annual lease payment not to exceed $22, 650.00.
tt rr.. ltij Tabulation of Proposals, Sample Lease Agreement
‘11-eo-44 )-
Prepare y I Ap roved by
TABULATION OF LEASE PURCHASE PROPOSALS:
Company Name 3 Year Lease 4 Year Lease
Associates Commercial $ 21,317.76 $ 16,530.75
Baystone Leasing $ 21,395.97 $ 16,609.57
Allied Capital $ 21,510.00 $ 16,763.00
Dublin Capital $ 21,707.00 $ 16,825.00
Consolidated Financial $ 22,996.89 $ 17,910.00
American National Bank N/A $ 17,916.52 *
Provident Bank N/A $ 18,174.72 *
* Both banks quoted a 4 year fixed rate loan, not a lease/purchase.
FROM :ASSOC MUNICIPAL FINANCE 214 541 6475 1995,01-03 14:54 tt559 P.02/12
A
EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No.
Lessee: (Name and Address) Lessor: (Name and Address)
Lessor agrees to lease to Lessee and Lessee agrees to lease from REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR
Lessor the Equipment described in any Schedule A now or hereafter IMPLIED, WITH RESPECT TO THE MERCHANTABILITY,
attached hereto("Equipment")in accordance with the following terms CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION,
and conditions of this Equipment Lease-Purchase Agreement FITNESS FOR USE,OR SUITABILITY OF THE EQUIPMENT IN ANY
("Lease"), RESPECT WHATSOEVER OR IN CONNECTION WiTH OR FOR THE
1.TERM.This Lease will become effective uponthe execution hereof PURPOSES AND USES OF LESSEE.OR AS TO THE ABSENCE OF
by Lessor. The term of this Lease will commence on the date the LATENT OR OTHER DEFECTS, WHETHER OR NOT
Equipment is accepted pursuant to Section 3 hereunder and,unless DISCOVERABLE, OR AS TO THE ABSENCE OF ANY
earlier terminated as expressly provided for in this Lease,will continue INFRINGEMENT OF ANY PATENT,TRADEMARK OR COPYRIGHT,
until the expiration date(the"Expiration Date")set forth in Schedule OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT
A attached hereto(the "Lease Term"), OR ANY OTHER REPRESENTATION,WARRANTY,OR COVENANT
2.RENT.Lessee agrees to pay to Lessor or its assignee the Lease OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH
Payments,including the interest portion equal to the amounts spec itied INCIDRESPECT THERETO,TOARE IT BEING AGREED THAT ALLD RISKS
LESSOR
in Schedule A.The Lease Payments will be payable without notice or SHALL NOT T BE OBUGATED O ORE BORNE BY LESSEEL AND LENTOR
demand at the office of Lessor(or such other place as Lessor or its CONSEQUENTIAL,C NOT EOROTHER
E DAMAGESLIA FOR OF OR TO LESSEEINCIDENTAL,
OR
assignee may fro►n time to time designate in writing) and will Commence ANYOTHER
PEOR OTHER IN OR OUTOOR N
on the first Lease Payment Date as set forth in Schedule A and CON OTHER PERSON OR ENTITY ARISING OF OR IN
thereafter on the subsequent dates set forth in Schedule A. Any EQUIPMENT
ANDW TH THEM USE OR PERFORMANCEs OF THE
payments received later than ten(10)days from the due date will bear EQUIPMENT THE MAINTENANCE THEREOF.no Lessor hereby
interest at the highest lawful rate from the due date, Except as assigns tooccurred
Lessee during theands@ Term,so ins as all Eventmane a Default
specificallyhas occurred hereunder and is continuing, manufacturer's
provided in Section 6 hereof,the obligation of Lessee to warranties,if any,expressed make the Lease Payments hereunder and perform all of its other Lessee to obtd ain
respectst the Equipment,
services
obligations hereunder will be absolute and unconditional in all events furnand Lessor authorizesn sucho arran the customary services
and will not be subject to any setoff. defense, counterclaim, or Les ee sd in connection with warranties ties at Lessee's expense.
recoupment for any reason whatsoever including,without limitation, warranty
s sole remedy for the breacht of any such manufacturer's
at and not
any failure of the Equipment to be delivered or installed,any defects, against
shall be againstssethe emxpressly
acknowledges
d the that Le Equipment, not
malfunctions, breakdowns or infirmities in the Equipment or any �'ha lease,_Lessee entati n warranties
that oever makes,
accident, condemnation or unforeseen circumstances. Lessee and has made,no availabilityreprbs o f such orwarranties the manufacturer
as the
reasonably believes that funds can be obtained sufficient to make all existence or the of of the of
Lease Payments during the Lease Term and hereby covenants that the Equipment.
it will do all things lawfully within its power to obtain, maintain and 5.RETURN OF EQUIPMENT.Unless Lessee shall have exercised
properly request and pursue funds from which the Lease Payments its Purchase option as Provided in Section 20 hereof,upon the expiration
may be made,including making provisions for Such payments to the or earlier termination of this Lease pursuant to the terms hereof,Lessee
extent necessary in each budget submitted for the purpose of obtaining shall,at its sole expense but at Lessor's option,return the Equipment
funding, using its bona fide best efforts to have such portion of the to Lessor to any location in the continental United States designated
budget approved and exhausting all available administrative reviews by Lessor.
and appeals in the event such portion of the budget is not approved. 6. NON-APPROPRIATION OF FUNDS; NON-SUBSTITU-
It is Lessee's intent to make Lease Payments for the full Lease Term TION_Notwithstanding
if funds are anything contained in this Lease tothe contrary,
legally available therefor and in that regard Lessee in the event no funds or insufficient funds are appropriated and
represents that the use of the Equipment is essential to its proper, budgeted or are otherwise unavailable by any means whatsoever in
efficient and economic operation.Lessor and Lessee understand and any fiscal period for Lease Payments due under this Lease, Lessee
intend that the obligation of Lessee to pay Lease Payments hereunder will immediately notify Lessor or its assignee in writing of such
shall constitute a current expense of Lessee and shall not in any way occurrence and this Lease shall terminate on the last day of the fiscal
be construed to be a debt of Lessee in contravention of any applicable period for which appropriations have been received 6r made without
constitutional or statutory limitation or requirement Concerning the penalty or expense to Lessee,except as to()the portions of Lease
creation of indebtedness by Lessee,nor shall anything contained herein Payments herein agreed upon for which funds shall have been
constitute a pledge of the general tax revenues,funds or monies of appropriated and budgeted or are otherwise available and(ii)Lessee's
Lessother obligations and liabilities under this Lease relating to,or accruing
3.DELIVERY AND ACCEPTANCE.Lessee,or If Lessee so requests, or arising prior to,such termination.In the event of such termination,
Lessor, will cause the Equipment to be delivered to Lessee at the Lessee agrees to peaceably surrender possession of the Equipment
location specified in Schedule A("Equipment Location").Lessee will to Lessor or its assignee on the date of such termination in the manner
pay all transportation and other costs,if any,incurred in connection set forth in Section 5 hereof and Lessor will have all legal and equitable
with the delivery and installation of the Equipment.Lessee will accept rights and remedies to take possession of the Equipment.
the Equipment as soon as it has been delivered and inspected.Lessee Notwithstanding the foregoing,Lessee agrees(i)that it will not cancel
will evidence its acceptance of the Equipment by executing and this Lease and this Lease shall not terminate under the provisions of
. delivering to Lessor a Delivery and Acceptance Certificate(in the form this Section it any funds are appropriated to it,or by It for the acquisition,
provided by Lessor)upon delivery of the Equipment retention or operation of the Equipment or other equipment or Services
performing functions similar to the functions of the Equipment for the
4.DISCLAIMER OF WARRANTIES. Lessee acknowledges and
agrees that the Equipment is of a size, fiscal period in which such termination would have otherwise occurred
design and capacity selected or for the next succeeding fiscal period,and(ii)that it Will not during
by Lessee,that Lessor IS neither a manufacturer nor a vendor of such
the Lease Term give priority in the application of funds to any other
equipment, that LESSOR LEASES AND LESSEE TAKES THE
EQUIPMENT AND EACH PART THEREOF -AS-IS" AND THAT functionally similar mr�p or to„ice c �9 funCtbns simile,.
to the functions of the Equipment.This section will not be construed
LESSOR HAS NOT MADE,AND DOES NOT HEREBY MAKE,ANY
srsees .aso so as to permit Lessee to terminate this Lease in order to purchase,
lease, rent Or otherwise acquire the use of any other equipment or
FROM :ASSOC MUNICIPAL FINANCE 214 S41 6475 1995,01-03 14:SS it559 P.03/12
• services performing functions similar to the functions of the Equipment, 11. LOCATION;INSPECTION.The Equipment will not be removed
and,if this Lease terminates pursuant to this Section,Lessee agrees from or,it the Equipment consists of roiling stock,its permanent base
that during the fiscal period immediately following the fiscal period in will not be changed from the Equipment Location without Lessor's prior
which such termination occurs it will not so purchase,lease, rent or written consent which will not be unreasonably withheld. Lessor will
otherwise acquire the use of any such other equipment or services, be entitled to enter upon the Equipment Location or elsewhere during
7.REPRESENTATIONS. COVENANTS ANO WARRANTIES. reasonable business hours to inspect the Equipment or observe its use
Lessee represents,covenants and warrants as of the date hereof and and operation.
at all times during the Lease Term that'(i)Lessee is a state or a fully 12.LIENS AND TAXES. Lessee shall keep the Equipment free and
constituted political subdivision thereof,or its obligations hereunder clear of all levies,liens and encumbrances except those created under
constitute obligations issued on behalf of a state or a political subdivision this Lease.Lessee shall pay,when due,all charges and taxes(local.
thereof,such that any interest derived under this Lease will qualify for state and federal)which may now or hereafter be imposed upon the
exemption from Federal income taxes under section 103of the Internal ownership,leasing,rental, sale,purchase,possession or use of the
Revenue Code of 1966,as amended(the"Code"),and that it will do Equipment,excluding however,all taxes on or measured by Lessor's
or cause to be done all things necessary to preserve and keep in full income.If Lessee fails to pay said charges,or taxes when due.Lessor
force and effect(a)its existence and(b)this Lease;(ii)the execution, may,but need not,pay said charges or taxes and,in such event,Lessee
delivery and performance by the Lessee of this Lease and all documents shall reimburse Lessor therefor on demand, with interest at the
executed in connection herewith,including,without limitation,Schedule maximum rate permitted by law from the date of such payment by
A hereto and the Delivery and Acceptance Certificate referred to in Lessor to the date of reimbursement by Lessee.
Section 3 hereof(the Lease together with all Such documents shalt be
collectively referred to herein as the"Lease Documents")have been 13.RISK OF LOSS; DAMAGE; DESTRUCTION.Lessee assumes
duly authorized by all necessary action on the part of the Lessee;{iii) an risk of loss of or damage to the Equipment from any cause
the Lease Documents each constitute a whatsoever,and no such loss of or legal, valid and bindingdamage to the Equipment nor defect
obligation the Lessee enforeeabte in accordance with their respective therein nor unfitness or obsolescence thereof shall relieve Lessee of
terms;(iv)no additional governmental orders,permissions.consents, the obligation to make Lease Payments or to perform any other
approvals or authorizations are required to be obtained and no obligation under this Lease. In the event of damage to any item of
rated in oonnectiorh with Equipment,Lessee will immediately place the same in good repair with
registrations or declarations are required to be
the execution and delivery of the Lease Documents;(v)Lessee has the proceeds of any insurance recovery applied to the cost of such
sufficient appropriations or other funds available to pay all Lease repair.If Lessor determines that any Item of Equipment is lost,stolen,
destroyed or damaged beyond repair,Lessee,at the option of Lessor,
Payments and other amounts due hereunder for the current fiscal
period;(vi)the use of the Equipment by Lessee is essential to and will will either(a)replace the same with like equipment in good repair,or
be limited to the performance by Lessee one or more governmental (b)on the next Lease Payment Date,pay Lessor(i)all amounts then
functions of Lessee consistent with the permissible scope of Lessee's owed by Lessee to Lessor under this Lease, including the Lease
authority: (vii) no'portion of the Equipment will be used directly or Payment due on such date,and(ii)an amount equal to the applicable
indirectly in any trade or business carried on by any person other than Concluding Payment set forth in Schedule A opposite such Lease
Cusses; and (viii) no portion of the Equipment will be used by an Payment Date. in the event that Lessee is obligated to make such
organization described in section 501 (c)(3)of the Code and(ix)this payment pursuant to subparagraph(b)above with respect to less than
Lease does not constitute an arbitrage obligation within the meaning all of the Equipment,Lessor wig provide Lessee with the pro rats amount
of section 149 of the Code and is not federally guaranteed within the of the Lease Payment and the Concluding Payment to be made by
meaning of section 149(b) the Code. Lessee with respect to the Equipment which has suffered the event
Lessee shall deliver to Lessor an opinion of Lessee's counsel in form of
and substance as set forth herein or as otherwise acceptable to Lessor. 14.PERSONAL PROPERTY.The Equipment is and will remain
In the event that a question arises as to Lessee's qualification as a personal property and will not be deemed to be affixed or attached to
political subdivision, agrees to execute a power of attorney real estate or any building thereon.If requested by Lessor,Lessee will,application to the Internal Revenue Service at Lessee's e
for a letter ruling with respect to the;sane. expense furnish a waiver of any interest in the Equipment
from any party having an interest in any such real estate or building.
8.TiTLE TO EQUIPMENT.Upon acceptance of the Equipment by 16. INSURANCE.Lessee,will,at its Lessee hereunder,title to the Equipment will vest in Lessee subject expense, e,maintain at all and
to Lessor's rights under this Lease; I during the Leine Term,fire and extended coverage,Public liability and
provided,however,that(i)in the property damage insurance with respect to the Equipment in such
event of termination of this Lease pursuant to Section 6 hereof,(i)upon amaynts,
the occurrence of an Event of Default hereunder,and asas suchsat covering such rich Lessor's and with Such insurers e as shall be
Event of Default is continuing,or(iii)in the event that th longurchase toactory Lessor,or,with prior written consent,may self-
insure against any or all such rleks.In no event will the insurance limits
option has not been exercised prior to the Expiration Date, title will be less than the amount of the then immediately vest in Lessor or its ee y anyaction by Lessee applinsur ce Concludingolic Payment
with respect to such Equipment. Each insurance policy will name
and Lessee shall immedia
tely surrender possession of the Equipment Lessee as an insured and Lessor or its assigns as an additional insured.
to Lessor or its assignee in the manner set forth in Section 5 hereof. and will contain a clause requiring the insurer to give Lessor or its
9_USE REPAIRS.Lessee will use the Equipment in a careful manner assigns at least thirty(30)days prior written notice of any alteration
for the use contemplated by the manufacturer of the Equipment.Lessee in anyth terms of suchieswill
ir the to Lessee a thereof.LessorThus assign;
shall comply with all laws, ordinances, insurance policies and of r Innsuc payable Lessee or its assigns
regulations relating to the possession,use.operation or maintenance as their interests may appear.Upon,acceptance will of the Equipment and
of the Equipment.Lessee,at its expense.will keep the Equipment in upon each insurance renewal date. Lessee deliver to Lessor a
good working order and repair and furnish all pants,mechanisms and Certificate eo raking such insurance.In the event that Lessee has been
devices required theretOr. permitted to sit-insure, Lessee will furnish Lessor with a letter or
certificate to such effect.In the event of any loss,damage, injury or
t 0.ALTERATIONS.Lessee w 11 not make any alterations,additions accident involving the Equipment,Lessee will promptly provide Lessor
or improvements to the Equipment without Lessor's prior written with written notice thereof and make available to Lessor all information
consent unless mitt alterations,additions or improvements may be and documentation relating thereto and shall permit Lessor to
participate and cooperate with Lessee in making any claim for insurance
readily removed without damage to the Equipment.
in respect thereof.
FROM :ASSOC MUNICIPAL FINANCE 214 541 647S 1995,01-03 14:56 #559 P.04/12
16,INDEMNIFICATION.Lessee shall indemnify Lessor against,and to Lessee,declare an amount equal to all amounts then due under the
hold Lessor harmless from, any and all claims, actions proceedings, Lease,and all remaining Lease Payments due during the fiscal year
expenses, damages or liabilites, including attorney's fees and court of Lessee in which the default Occurs to be immediately due and
costs, arising in connection with the Equipment, including, but not payable, whereupon the same shall become immediately due and
limited to,its selection,purchase,delivery,installation,possession,use, payable:(ii)by written notice to Lessee,request Lessee to(and Lessee
operation, rejection, or return and the recovery of claims under agrees that it will),at Lessee's expense,promptly return the Equipment
insurance policies thereon. The indemnification provided under this to Lessor in the manner set forth in Section 5 hereof,or Lessor,at its
Section shall continue in full force and effect notwithstanding the full option.may enter upon the premises where the Equipment is located
payment of all obligations under this Lease or the termination of the and take immediate possession of and remove the same; iu sell or
Lease Term for any reason. ( )
lease the Equipment or sublease it for the account of Lessee,holding
17.ASSIGNMENT. Without Lessor'S prior written consent.Lessee Lessee liable for all Lease Payments and other payments due to the
will not either(i)assign,transfer,pledge.hypothecate,grant any security effective date of such selling, leasing or subleasing and for the
interest in or otherwise dispose of this Lease or the E ui meet or an difference between the purchase price,rental and other amounts paid
q p y by the purchaser, lessee or sublessee pursuant to such sale, lease
interest in this Lease or the Equipment or (ii) sublet or lend the
Equipment or permit it to be used by anyone other than Lessee or sublease and the amounts otherwise payable by Lessee hereunder;
Lessee's employees. Lessor may assign its rights, title and interest and(iv)exercise any other right, remedy or privilege which may be
in and to the Lease Documents,the Equipment and/or grant or assign available to it under applicable laws of the state where the Equipment
a security interest in this Lease and the Equipment,in whole or in part, is then located or any other applicable law or proceed by appropriate
and Lessee's rights will be subordinated thereto.Any Such assignees court breachie to enforce fthis the terms of this Lease or toa recover anyor damages
shall have all of the rights of Lessor under this Lease. Subject to the for the Equipment of Lease or Lessee
rescindwilremainthis Lease as all or all
foregoing,this Lease inures to the benefit of and is bindinguponof the msIn addition.this L,ase and for liable for other covenants
the and indemnities under this Lease all legal fees and costs
successors and assigns of the parties hereto.Lessee covenants and
agrees not to assert against the assignee any claims or defenses by and expenses,including any court t costs,incurred listed by above with any other
way of abatement setoff,counterclaim,recoupment or the like which to the y available to Lessor.of the remedies above or other
Lessee may have against Lessor.Upon assignment of Lessor's interests remedy available
herein,Lessor will cause written notice of such assignment to be sent 20.PURCHASE OPTION.Upon thirty(30)days prior written notice
to Lessee which will be sufficient it it discloses the name of the assignee from Lessee,and provided that tare is no Event of Default,or an event
and address to which further payments hereunder should be made. which with notice of lapse of time, or both, Could become an Event
No further action will be required by Lessor or by Lessee to evidence of Default, then existing. Lessee will have the right to purchase the
the assignment, but Lessee will acknowledge such assignments in Equipment on any Lease Payment date set forth in Schedule A hereto
writing if so requested. Lessee shall retain all notices of assignment by paying to Lest,on such date,the Lease Payment then due together
and maintain a book-entry record(as referred to in Section 21)which with the Concluding Payment amount set forth in Schedule A opposite
identifies each owner of Lessor's interest in the Lease.Upon Lessee's such date.Upon satisfaction by Lessee of such purchase conditions,
receipt of written notice of Lessor's assignment of all or any part of Lessor will transfer any and all of its right,title and interest in the
its interest in the Lease,Lessee agrees to attom to and recognize any Equipment to Lessee AS IS.WITHOUT WARRANTY,EXPRESS OR
such assignee as the owner of Lessor's interest in this Lease, and iMPLIED,except Lessor will warrant that the Equipment is free and
Lessee shall thereafter make such payments, including without clear of any liens created by Lessor.
limitation such Lease Payments, as are indicated in the notice of
assignment,to such assignee. 21.TAX ASSUMPTION; COVENANTS.The parties assume that
18.EVENT OF DEFAULT.The term "Event of Default," as used Lessor can exclude from Federal gross income the interest portion of
each Lease Payment set ." in Schedule A under the column
herein, means the occurrence of any one or more of the following captioned Interest Portion."
events: (i) Lessee fails to make any Lease Payment(or any other Lessee covenants that it willregister this Lease and transfers
payment)as it becomes due in accordance with the terms of this Lease, (i)
and any such failure continues for ten(10)days after the due date thereoful in accordance with section 149(a) of thew Code and the
thereof: (ii) Lessee fails to perform or observe anyother covenant, cease in ths thequireeroii)tin c file a cstetwith sement ctio 149(e)ofto the
on, Lease in the required form In accordance with section 149(e) the
and suon failure agreementi not n to be
w performedthintwenty
or observed by it hereunder Code,(iii)not permit the property financed by this Lease to be directly
(20)days after written notice or indirectly used for a private business use within the meaning of
thereof try Lessor; (iii) the discovery by Lessor that any statement, section 141 of the Code.(iv)not take any action which results,directly
representation, or warranty made by Lessee in this Lease or in any or indirectly, in the interest portion of any Lease Payment not being
writing ever delivered by Lessee pursuant hereto or in connection excludable from Federal gross income pursuant to section 103 Ot the
herewith was false,misleading,or erroneous in any material respect; Code and will take any reasonable action necessary to prevent such
(iv) Lessee becomes insolvent,or is unable to pay its debts as they result,and(v)not take any action which results in this Lease becoming,
become due, or makes an assignment for the benefit of creditors, and will take any reasonable action to prevent this Lease from becoming
applies or consents to the appointment of a receiver, trustee, (a)an arbitrage obligation within the meaning of section 148 of the Code
conservator or liquidator of Lessee or of any of its assets,or a petition or(b)federally guaranteed within the meaning of section 149 of the
for relief is filed by Lessee under any bannkruptcy, insolvency, Code.
reorganization or similar laws,or a petition in,or a proceeding under, Notwithstanding the earlier termination or expiration of this Lease,
any bankruptcy, insolvency,reorganization or similar laws is filed or the obligations provided for in this Section 21 shall survive such earlier
instituted against Lessee and is not dismissed or fully stayed within termination or expiration.
twenty(20)days after the filing or institution thereof;(v)Lessee fails
to make any payment when due or fails to perform or observe any 22.NOTICES.All notices to be given under this Lease shall be made
covenant,condltion,or agreement to be performed by it under any other in writing and mailed by certified mail,return receipt requested,to the
agreement or obligation with Lessor or an affiliate of Lessor and any other party at its address set forth herein or at such address as the
applicable grace period or notice with respect thereto shall have elapsed party may provide in
writing from time to time.Any such notice shall
or been given;or(vi)an attachment,levy or execution is threatened be deemed to have been received five days subsequent to mailing,
or levied upon or against the Equipment.
23.SECTION HEADINGS.All section headings contained herein are
19.REMEDIES.Upon the occurrence of an Event of Default, and for the convenience of reference only and are not intended to define
as long as Such Event of Default is continuing,Lessor may,at at its option, or limit the scope of any provision of this Lease.
exercise any one or more of the following remedies:(i)by written notice
FROM :ASSOC MUNICIPAL FINANCE 214 S41 647S 1995,01-03 14:57 f559 P,05/12
24.GOVERNING LAW.This Lease shall be construed in accordance Constitute the entire agreement between the parties with respect to the
with,and governed by,the laws of the state of the Equipment Location. lease of the Equipment,and this Lease shall not be modified,amended,
altered, or changed except with the written consent of Lessee and
25. DELIVERY OF RELATED DOCUMENTS.Lessee will execute or Lessor.Any provision of this Lease found to be prohibited by law shall
provide,as requested by Lessor,such other documents And information be ineffective to the extent of such prohibition without invalidating the
as are reasonably necessary with respect to the transaction remainder of this Lease.The waiver by Lessor of any breach by Lessee
contemplated by this Lease. of any term,covenant or condition hereof shall not operate as a waiver
26. ENTIRE AGREEMENT, WAIVER. The Lease Documents of any subsequent breach thereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of 19
LESSEE: LESSOR:
By: By:
Title: Title:
OPINION OF COUNSEL •
With respect to that certain Equipment Lease-Purchase Agreement instrumentality which,if adversely determined,would have a material
("Lease") dated _ _by and between adverse effect on the transaction contemplated in the Leas,or the ability
Lessor and Lessee,I am of the opinion that:(I)Lessee is a tax exempt of Lessee to perform its obligations under the Lease and Lessee is not
entity under Section 103 of the Internal Revenue Code of 1986, as in default under any material obligation for the payment of borrowed
amended;(ii)the execution,delivery and performance by Lessee of money,for the deferred purchase price of property or for the payment
the Lease have been duly authorized by all necessary action on the of any rent under any lease agreement which either individually or in
part of Lessee;(iii)the Lease constitutes a legal, valid and binding the aggregate would have the same such effect;and(v)all required
obligation of Lessee enforceable in accordance with its terms and all public bidding procedures regarding the award of the Lease have been
statements contained in the Lease and all related instruments are true; followed by Lessee and no governmental orders,permissions,consents,
(iv)there are no suits,proceedings or investigations pending or,to my approvals or authorizations are required to be obtained and no
knowledge,threatened against or affecting Lessee,at law or in equity, registrations or declarations are required to be tiled in connection with
or before or by any governmental or administrative agency or the execution and delivery of the Lease.
Counsel for Lessee:
By:
Title:
•
Date:
6256e9 Rev.0-90
FROM :ASSOC MUNICIPAL FINANCE 214 541 647S 1995,01-03 14:SS #SS9 P.06/12
.►jA ♦r- , •
SCHEDULE A
EQUIPMENT DESCRIPTION
Lease No.
This Schedule A is executed by ("Lessor") and
("Lessee"), as a supplement to, and is hereby
attached to and made a part of that certain Equipment Lase-Purchase Agreement dated as of
("Lease"), between Lessor and Lessee.
Lessor hereby leases to Lessee under and pursuant to the Lease and Lessee hereby leases
from Lessor under and pursuant to the Lease the following items of Equipment:
GUMMY DESCRIPTION.(MANUFACTURER.MOON.AND SERIAL NO3 SLIMIER
EQUIPMENT LOCATION:
Initial Term: Months Commencement Date.
Expiration Date.
Periodic Rent: Consecutive Payments of $
each (including interest), followed by one final payment of $ plus any and
ail other payments due under this Lease.
Dated
LESSEE* LESSOR* _..
BY: BY:
TITLE TITLE*
Page 1 of 2
SCN-A-ECLFRM
FROM :PSSOC MLLNICIPPL FINRNCE 214 541 6475 C 1595.01-03 14:58 #559 P.07/12
SCHEDULE A
PAYMENT SCHEDULE
Lessee:
Lease Number Amount Funded: $
Interest Rate: %
Lease Lease
Payment Payment Lease Interest Principal Concluding
Number Date Payment Portion Portion Payment
•
•
SPAPLAPATIIIM
FROM :ASSOC MUNICIPAL FINANCE 214 541 6475 1995,01-03 14:58 U559 P.08/12
:3r" Li Ay s.. i
DELIVERY AND ACCEPTANCE CERTIFICATE
The undersigned Lessee hereby acknowledges receipt of the Equipment described below
("Equipment') as fully installed and in good working condition and Lessee hereby accepts the
Equipment after full inspection thereof as satisfactory for all purposes under the Equipment Lease-
Purchase Agreement ("Leese") executed by Lessee and
('Lessor") as of the Lease Date set forth below:
LEASE LEASE SCHEDULE A DELIVERY PURCHASE PURCHASE
DATE MUMMER DATE NUMSIR DATE ORDER NO.
•
EQUIPMENT INFORMATION
QUANTITY DESCRIPTION MANUFACTURER.MODEL AND SERIAL 110.1 SUPPLIER
•
LESSEE'
BY: -
TITLES
DATE ACCEPTED.
DEL-ACEP.PRM
FROM :PSSOC MUNICIPAL FINANCE 214 541 5475 1995.01-03 14:58 U559 P.09/12
- SAMPLE
INCUMBENCY CERTIFICATE
I do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of
("Lessee"),a body corporate and politic duly organized and existing
under the laws of the State of that I have custody of the records of Lessee, and
that, as of the date hereof, the individuals named below are the duly elected or appointed officers
of Lessee holding the offices set forth opposite their respective names. I further certify that tit the
signatures set forth opposite their respective names and titles are their true and authentic
signatures, and till such officers have the authority on behalf of Lessee to enter into that certain
Equipment Lease-Purchase Agreement dated or to be dated
, between Lessee and Associates
NAME IIILE SIGNATURE
IN WITNESS WHEREOF, I have duly executed this Certificate and affixed the seal of Lessee
hereto this day of , 19_
SEAL
LESSEE
BY:
TITLE: Secretary/Clerk
INCU. ER.FM M
FROM :ASSOC MUNICIPAL FINANCE 214 S41 G47S 1995.01-03 14:S9 #SS9 P.10/12
FACT SHEET
PLEASE RETURN THIS SHEET WITH THE FINANCIAL STATEMENTS
PROPOSAL NUMBER:
LEGAL NAME OF ENTITY. - -
DEPARTMENT USING EQUIPMENT.
FEDERAL ID NUMBER:
NAME OF COUNTY:
STREET ADDRESS: Please give complete physical street address. Do not give
address with P.O. Box as express delivery will not deliver
to it.
BILLING ADDRESS: Please indicate any special billing instructions that are
required to avoid late payments and subsequent late
charges.
ACCOUNT PAYABLE:
CONTACT TELEPHONE it-
SIGNATURES: Please print or type names exactly as the person will be
signing the document. Signatures are not required hare.
AUTHORIZED OFFICIAL:
Name:
Tide:
ATTORNEY SIGNING OPINION OF COUNSEL:
Name: TELEPHONE *-
MAJOR REVENUE SOURCE-
BANK REFERENCE:_
CONTACT NAME: TELEPHONE #F:
FACT SN.MM
FROM :ASSOC MUNICIPAL FINANCE 214 S41 647S 1995.01-03 14:59 #SS9 P.11/12
ESSENTIAL USE LETTER
(Sample)
(Please complete on your letterhead)
Associates Commercial Corporation
300 East Carpenter Freeway
Irving, Texas 7E062-2726
Gentlemen;
Re: Equipment Lease-Purchase Proposal Number
I am furnishing the following information to facilitate thee credit review process
for the proposed Equipment Lease-Purchase transaction.
A detailed explanation of the use and application of the equipment is as follows:
- The equipment is essential to the organization for the following reasons:This equipment replaces previous equipment: No Yes
If yes, the previous equipment was originally purchased in 19 .
Other equipment being used for the same purpose consists of-
The useful life of the equipment in the operation of the department iv
The future plans for the equipment are:
The program/department has been in operation for years.
The source of funds for the payments due under the Equipment Lease-Purchase
Agreement for the current fiscal year is the fund(s).
The funds) generates its revenue from-
Sincerely,
Lessee'
By:
Title-
Date:
FROM :ASSOC MUNICIPAL FINANCE 214 941 6479 1999,01-03 14:99 #SS9 P.12/12
INSURANCE FACT SHEET
We are in need of a Certificate of Insurance for the Municipality listed below. Please
complete this form and return to the following:
Associates Commercial Corporation
300 East Carpenter Freeway
Irving, Texas 75062-2726
ATTN: Ed Pietzke
(214I 541-3313
TRANS NO: BID: '
MUNICIPALITY:
CONTACT: PHONE:
EQUIPMENT DESCRIPTION:
PARENT INSURANCE COMPANY:
ADDRESS•
CITY: _ STATE: ZIP:
PHONE:
UNDERWRITER/AGENT COMPANY*
ADDRESS: --
CITY: STATE: ZIP:
CONTACT: PHONE.
POLICY NO: EXPIRATION DATE:
PUBLIC LIABILITY AMOUNT: ` DEDUCTIBLE'
PHYSICAL DAMAGE AMOUNTS: COMPREHENSIVE: DEDUCTIBLE:
PHYSICAL DAMAGE AMOUNTS: COLLISION: DEDUCTIBLE-
INDICATE IF SELF-INSURED. OR IF POLICY IS CONTINUOUS:
SELF-INSURED FOR: UABIUTY: PHYSICAL DAMAGE: BOTH:
CONTINUOUS UNTIL END OF LEASE/PURCHASE AGREEMENT: YES: NO-
IN8.FACT.FRM
esol i amen ldel n ► f r nlstr an U t need (Iront
ISSUE
Our current guidelines for administration of the urgent need grant we received for tornado victims
requires that an applicant reside within the City limits at the time application is made. The proposed
resolution requests the State to all us to amend these guidelines to allow applicants to apply if they live
within our ETJ.
BACKGROUND
When the guidelines were adopted and anticipating a large number of applicants, our grant
administrators (GSA) and staff recommended that only Wylie citizens be permitted to apply. Seven
applications were approved a few months ago and Council recently approved three more. It appears
that little interest is left in this grant by Wylie citizens. There are two applications outside of the city
limits who have serious structural damage and would probably qualify for rehabilitation assistance if they
met the residency requirement. The Housing Advisory Committee (tornado grant committee) agreed to
this proposal in November provided ample opportunity was given to Wylie residents first. We have
published notice thee consecutive weeks in the Wylie News and recruited assistance from the
Ministerial Alliance in locating storm victims who have not applied. No other applications have been
received since early November. The state is under no obligation to authorize such a change. However,
at some point, the State will realize we have no further use for the money and we could forfeit the
remaining funds.
LEGAL CONSIDERATIONS
Amendment to the guidelines must be approved by the State once Council approves it.
BUDGET CONSIDERATIONS
Approximately $100,000 remains available for our use. The City will be submitting a request for
reimbursement for our costs associated with the administration of the grant.
STAFF RECOMMENDATION ATTACHMENTS
Staff recommends approval of the resolution. (1) Amendatory Resolution
ii
Sub 7a1Zh4
te By Approved By
. .
•
. ....„
Resol Lion(10 • Investmentl r i t e E [C
Issue
To establish an investment account with LOGIC (Local Government Investment Pool), a
resolution of the city council is necessary.
Background
LOGIC is an investment pool established for the safe investment of public funds. The pool was
established in May 1994 and has grown to over $350 million as of December 30, 1994. The
fund manages and invests conservatively and is paying slightly higher yields than Te)cPool.
LOGIC is currently exceeding the performance of other pool alternatives, short term bank
deposits and is comparable to the highest performing government funds. The staff feels the City
should be diversified by having at least two investment pools to use for short-term cash
management. Although the Finance Director is authorized to handle the investment activity of
the City, LOGIC requires proof of such authority in the form of a council approved resolution.
Staff Recommendation
Staff recommends the City Council approve the resolution authorizing an Interlocal Agreement
for participation in LOGIC and appointing authorized representatives to transact business with
LOGIC. Staff further recommends the council authorize a representative to sign the Interlocal
Agreement and the forms necessary to establish the LOGIC investment account.
Attachments
LOGIC December 30, 1994 memorandum
Sample Resolution
Interlocal Agreement
LOGIC Account Information Form (blank)
LOGIC Authorization for Electronic Transfer by Automated Clearinghouse (ACH) Form (blank)
Prepared b Approved
p Y PP by
L
0 7001 Preston Road
Suite 300
Dallas,Texas 75205
Telephone:800-TX-LOGIC
(800-895-6442)
Fax: 214-522-7667
Urgent Memorandum
To: All Local Government Officials
Date: December 30, 1994
Subject: Investing cash balances
If you are concerned with the investment of your liquidity and operating cash
balances, the panic situation caused by the crisis in Orange County and other investment
pools is beginning to subside. Local government officials are reviewing their alternatives and
are making decisions to shift investment dollars to programs that emphasize safety, liquidity,
and yield - - in that order of priority. The panic is over, but the analysis of investment
alternatives and choices has never been more intense.
The Local Government Investment Cooperative -- LOGIC -- has experienced excellent growth
since the beginning of the program in May, 1994. That growth has been particularly strong
during the "flight to safety" these past 30 days. In the first eight months of the LOGIC
program, balances have grown to over $350 million.
The growth in the number of LOGIC Participants and their increasing commitment of
investment dollars into LOGIC is based on four important advantages:
1. LOGIC stresses safety High Quality Government Securities only
No derivatives
Conservative operating and accounting procedures
Stable $1.00 Net Asset Value
2. LOGIC is liquid Short weighted average maturity (53 days today)
No long maturity risk exposure in any investment
(97% of the portfolio matures within one year!)
No mismatched reverse repo leverage
3. LOGIC's yield is good Outperforming other pool alternatives
Outperforming short term bank deposit yields
Competitive with highest performing government funds
4. LOGIC is client focused Strong customer service with an experienced staff
Personalized service supported by the latest technology
Professional, well-recognized, Texas-based management team
Enroll in LOGIC and join the growing number of local governments who have chosen a
professionally managed investment program, owned by the Participants and focused on the
Participants. LOGIC provides the investment quality and competitive daily rate needed to
protect and support essential local government services.
The enclosed information gives additional details about LOGIC and how to participate. Please
call 1-800-TX LOGIC (1-800-895-6442) and ask for a new participant enrollment packet.
Managed by Southwest Securities Group,Inc.
LOGIC 5.71%
Net Daily Rate 12/29/94
6.00%
5.50%
triVit
L 5.00% A.i f.1‘,1\..,,fi
0. P-ftf \FIJAA
4.50% fvf nrs\L- 1\-
-‘ti
4.00%
05/06 05/24 06/11 06/29 07/17 08/04 08/22 09/09 09/27 10/15 11/02 11/20 12/08 12/26
Portfolio 12/29/94 12/29/94
Security Type Book Value Market Value
Repo 315,539,366 315,539,366
Rev. Repo (53,906,250) (53,906,250)
T-Bill 44,005,332 43,871,300
T-Note 9,985,713 9,823,450
D-Notes 49,192,466 49,184,419
Totals 364,816,627 364,512,285
NAV 0.9992
Mat. Structure Amount Percentage
0-30 Days 261,633,116 71.72%
31-90 Days 0 0.00%
91-180 Days 88,376,207 24.22%
181-365 Days 4,821,591 1.32%
> 365 Days 9,985,713 2.74%
Total 364,816,627 100.00%
LOGIC Account Information Form
Date: Tax I.D.:
Account: Add 0 Portfolio: Liquid Asset ❑
Change ❑ Enhanced Yield 0
PARTICIPANT INFORMATION
Local Government:
Street Address: , Texas Zip:
Mailing Address: , Texas Zip:
Contact Person:
Phone: Fax: ( )
Authority is hereby given to The Trust Company of Texas,as Administrator of the Local Government Investment Cooperative Account
to allow for investment of funds in the designated Portfolio,as named below(e.g.,General Fund, Debt Service Fund, etc.):
Account Name:
WIRING INSTRUCTION
Bank Name:
Bank Address:
City: , Texas Zip:
Bank Contact:
Phone: � ) Fax: ( )
Bank ABA Number: ( 9 digits )
Account Number:
Account Name:
Correspondent Bank (if any) Name:
City: Contact:
Bank ABA Number: ( 9 digits )
Account Number:
Account Name
How much does your bank charge for wires? Incoming:$ Outgoing:$
The information, certifications and authorizations set forth in this application form are true and correct and shall remain in full force and effect
until The Trust Company of Texas,or its successor,receives written notification of a change.
It is hereby certified that the Applicant has received a copy of the Information Statement relating to the Local Government Investment
Cooperative and has read,understands and agrees to be bound by the terms thereof and the documents described therein. It is further
certified that the Applicant understands that,by adopting the Local Government Investment Cooperative Resolution, it approves the
investment policies of the Cooperative for money deposited to its Account notwithstanding any conflicting local investment policies.
Authorized Name (please print)
Authorized Signature Title Date
Do you want ACH availability? O Yes O No
If yes, please complete and sign the ACH Authorization on the reverse side.
LOGIC—7001 PRESTON ROAD SUITE 1300 DALLAS,TEXAS 75205 1400-TX-LOGIC
LOGIC
Authorization for Electronic Transfer
by Automated Clearinghouse (ACH)
Local Government:
Bank Information for ACH Transfers
Bank Name:
Bank Address:
City: , Texas Zip:
Bank Contact:
Phone: Fax: ( )
Bank ABA Number: ( 9 digits )
Account Number:
Account Name:
I hereby authorize the Trust Company of Texas, as administrator for LOGIC, to directly deposit and
withdraw funds by means of ACH electronic transfer to and from the financial institution and the account
designated above.
I agree that this authorization may be withdrawn with at least 45-days advance written notice to the
Trust Company of Texas. I understand that the Trust Company of Texas reserves the right to discontinue
ACH electronic transfer without advance notice.
I also authorize the Trust Company of Texas to deduct from the Designated Account or from
- subsequent deposits made to the Designated Account all amounts deposited in error. In the event the
Designated Account is closed or contains an insufficient balance to allow deduction for amounts deposited in
error, I agree that the Trust Company of Texas may withhold any payments until such amounts deposited in
error are repaid. Likewise, I authorize the Trust Company of Texas to credit all amounts withdrawn in error
to the Designated Account.
1 hereby certify that the above information is both true and correct.
Authorized Name (please print)
Authorized Signature Title Date
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AUTOMATED CLEARINGHOUSE CANCELLATION
Complete only if ACH Cancellation is desired. Effective Date:
Authorized Signature Title Date
LOGIC-7001 PRESTON ROAD SUITE/300 DALLAS,TEXAS 75205 1-800-TX-LOGIC
gQnda Com m l dtlon fry J l lu 10, 199
Budget mendment RegardingROK04 ion of.WylieCode o 01110oni ea
ISSUE
Staff has been reviewing the Code of Ordinances and preparing an "update" under our current
codification contract. However, many of the problems that exist with our code will require a re-write due
to insufficient legal review at the time of adoption, etc. Staff is proposing that due to the expense of the
re-writes needed, we review and re-codify the entire Code. This will require a budget amendment.
BACKGROUND
Since 1990, when we codified our Code of Ordinances, many changes have taken place in
statutes that govern municipalities, internal operations within the City, and within the code itself.
Additionally, our needs have changed and many of the provisions in the Code need amendment. We
have hesitated to incur the expense of an update until we've identified all of the changes needed in the
Code. Now that we've identified these changes, it may be more cost efficient to revise the entire code or
re-codify. This may be done with the existing firm that produces our code or by another firm. A
breakdown of the changes we are proposing in the Code of Ordinances is attached.
We have been in contact with seven different codification companies to compare what they can
each offer and to get a general idea of the cost involved in re-codifying. Many of them offer similar
services but there are great differences in experience, references, and legal review services. The firm
with the most advanced services and best quote is Municipal Code Corporation. They also have the
longest tenure in this kind of business, the best references, the most detailed legal review and serve
more municipalities nationwide than the other firms we've spoken with.
LEGAL CONSIDERATION
Staff contends that a lack of thorough and knowledgeable legal review is the primary problem
with our existing code. This is the issue that will prove to be the most costly if we attempt to bring our
existing code up to a dependable and acceptable level of dependability for several reasons:
(1) An insufficient legal review was done at the time of adoption and all existing provisions
should be reviewed for compliance with current state and federal laws
(2) We have not amended the Code regularly as laws governing municipalities have changed.
The Code must be amended on a systematic basis as regulations change. This is
something that we are doing now but had not done for several years following the adoption
of the Code.
(3) As we've made amendments to the Code over the past several years, they have not all
been reviewed by our legal staff for compliance with state and federal regulations.
(4) Legal review is charged by the hour. We can pay by the hour to have our existing Code
reviewed or we can pay by the hour while we're creating a more workable document.
BUDGET CONSIDERATIONS
A thorough legal review of the Code would cost an estimated $10,000. A total re-codification of
the Code including legal review, re-write, printing, etc will cost approximately $14,000 to $16,000. We
budgeted this year for an upgrade from a part-time to a full-time position in the City Secretary's Office.
In July, the City Secretary also began supervising Municipal Court. We have made some adjustments in
both departments in order to make better use of existing personnel. While the upgrade to the full-time
position is NOT unnecessary, it is something we can delay in order to fund a greater priority. The City
Manager has indicated that this position will be frozen in the FY95 budget.
STAFF RECOMMENDATIONS
Staff is recommending that Council authorize a budget amendment to fund the re-codification of
the Wylie Code of Ordinances. If Council makes this authorization, the mid-year budget amendment
ordinance will include this change. Council approval will allow us to begin the process.
ATTACHMENTS
(1) Breakdown of Changes Needed in Existing Code of Ordinances
(2) Example of Sample Code Review Done by Municipal Code Corporation
61t-‘21Z deI%,
Submitted •• •ved By
The Sign Ordinance
Since the sign ordinance is incorporated into the Zoning Ordinance, it contains
many of the same problems. Again, no legal review was done on our sign ordinance
requirements. There have been few amendments to the ordinance, so keeping it in the
Code is not a problem. If we ever reached a point where amendments were being
proposed frequently, it would need to updated like other areas of the Code. There are
some problems, however, with keeping the sign regulations in the Zoning Ordinance.
First, since sign regulations fall under the Zoning Ordinance, any amendment
requires a public hearing before the Planning and Zoning Commission and City Council
just like any other Zoning Ordinance amendment.
Second, the sign regulations of the Zoning Ordinance provide for a Sign Board of
Review. However, statute provides that the Board of Adjustments hear all zoning
ordinance appeals, variance requests and special exceptions. The statutes that govern
the quasi-judicial Board of Adjustments prevail even when they sit as the Sign Board. This
means no variance or special exception can be granted unless it meets the statutory
criteria, the most critical of which requires a non-financial "hardship" to the literal
interpretation of the ordinance. It would be very difficult to apply "hardship" to a sign
ordinance regulation -almost nobody would qualify meaning there is relatively no variance
process at all. Our ordinance also says the decision of the sign board is final which
conflicts with the decisions of the Board of Adjustments which are subject to appeal in
district court.
The Home Rule Charter
We do not necessarily have a problem with the Charter being included in the Code.
However, in addition to or instead of, staff would like to see the Charter put into a
paperback booklet easily distributed to citizens, boards, employees, etc since the Charter
is rarely amended. We can print as few or as many as we think we'll use.
Regulatory Sections of the Code
I have not reviewed each of the regulatory sections but there appear to be "screwy"
things in the ones that I have reviewed. For example, in Chapter 8 Personnel &
Administration, we provide for participation in the Texas Municipal Retirement system at
a rate of five percent. We have changed this twice but made not reference to amending
our Code either time. This is something that would be caught if:
(1) Our City Attorney had reviewed the ordinance and was familiar with our
Code
Proposed Code Revisions Page 2
(2) Our Code was maintained electronically and could easily be checked for key
words. Currently, the index is not cross-referenced for easy location.
(3) Our Code was updated and reviewed regularly by our codification company
We're not even sure if this is a regulation that should be included in the Code.
These areas of the Code are also where we adopt and incorporate as our own other
codes like the Uniform Fire Code and National Electric Code. We should be making certain
that each of these sections refers to the version we are operating under.
Chapter 10, Traffic Regulations, is a chapter where our requirements have left too
much room for interpretation of the reader. Council will recall some of the confusion over
traffic regulations versus zoning ordinance regulations that has come up over the past
year. These are issues that a good legal review would catch and allow us to correct or
clarify prior to codification.
The Subdivision Regulations
Chapter 9 of the Code of Ordinances, our Subdivision Regulations, has been
completely revised. This revision took the form of a re-write. Although this section was
reviewed by Steve Deiter, we would want legal review on these regulations since statutes
have changed since they were adopted. This may also be a section we want to consider
for individual publication since a very specialized group of people will be referring to it.
Removal of these requirements from the Code may reduce our overall printing cost but not
our legal review fees.
Comprehensive Fee Schedule
We've attempted to keep our fee schedule current by reviewing and amending it
only once per year. This will be easy to update on an annual basis. The fees represented
in the Code are several years out of date and were not "all-encompassing" even when the
Code was adopted. Our codification company should be able to do this for us.
SUMMARY
There is no question that our Code is in need of thorough legal review. We would
recommend that instead of accepting our current code and funding the review, we would
revise the Code into a more usable reference. We are recommending Municipal Code
Corporation who has published over 2900 Codes in 49 states. They are the single most
experienced, technologically advanced and most used code corporation in municipal
government. Part of their contract would be systematic review and quarterly, annual or
semi-annual updates.
Proposed Code Revisions Page 3
PROPOSED CHANGES
WYLIE CODE OF ORDINANCES
The Zoning Ordinance
The Code of Ordinances should contain those regulations that are somewhat stationary
and not subject to regular change. This controls the number of updates needed and
insures that the Code remains somewhat current. Zoning does not really qualify as a good
"CODE" candidate. The Zoning Ordinance should probably be maintained as a separate
document either
(1) Codified by the selected codification company, updated monthly or quarterly
by codification company, published in book form and stored electronically in-
house
(2) Codified by the selected code corporation, published in book form, stored
electronically in-house and maintained in-house with legal reviews provided
by codification company
(3) Codified, published in book form and maintained completely in-house with
systematic legal review by City Attorney
The Zoning Ordinance seems to be the portion of the Code that gives us the most
problems. This document contradicts itself, gives vague requirements with too much room
for reader interpretation, and is generally hard to follow. No legal review was ever done
on the Zoning Ordinance prior to its codification. This is not the fault of our current
codifiers, Governmental Service Agency. The Zoning Ordinance was developed and
maintained in house and was excluded at staffs direction from the legal review conducted
by GSA when the Code was developed. The Zoning Ordinance in the Code is 100%
prepared by former staff members. For these reasons, staff is recommending option #(1)
or#(2) above to maintain an accurate and dependable zoning ordinance that is constantly
being reviewed for compliance with statutes and federal law. We can accomplish this a
couple of ways:
(1) Pay for legal review of Zoning Ordinance as it exists in codified form today
(2) Pay for legal review and recreate Zoning Ordinance in revised codified form
The fees charged by a codification company will be relatively the same whether we fix
what we have or start over and recreate the document.
Proposed Code Revisions Page 1
MEMORANDUM
TO: City Attorney
FROM: Municipal Code Corporation
DATE: October 12, 1994
RE : Cursory Review of the Code of Ordinances of the
City of Wylie, Texas
Our staff attorney, Milt Lefkoff, has conducted a cursory review of
the Code of Ordinances of the City of Wylie, Texas . The results of
the review are as follows :
Chapter Section Comments
1 3 . 00 Local sales and use tax.
This section makes two references to
a House Bill No. 207 . Such a
reference is very obscure and cannot
be used to find the statute in the
Texas Tax Code or the Tables for the
Texas Codes . The codifier should
have obtained from the city the
specific citation to the Texas Tax
Code or at least a chapter number
instead of a house bill number.
1 6 . 04 Park regulations; vandalism.
This section is in conflict with
V.T.C.A. , Penal Code § 1 . 08, which
prohibits an enactment by a
governmental subdivision that makes
conduct covered by the Texas Penal
Code an offense subject to a
criminal penalty. See V.T. C.A. ,
Penal Code § 28 . 03 , Criminal
mischief, which covers the conduct
in section 6 . 04 , Vandalism.
1 17 . 01 Definition of municipal records .
Conform to V.T. C.A. , Local
Government Code § 201 . 003 (8) .
2 15 . 00 Restrictions on pit bull dogs .
This provision is in conflict with
V.T.C.A. , Health and Safety Code §
822 . 047, which prohibits municipal
restrictions on dangerous dogs that
are specific to one breed or several
breeds of dogs .
3 2 . 01 Uniform Building Code adopted.
Adopt a later edition of the Uniform
Building Code .
4 4 . 01 Coin-operated machines; definitions
of terms .
Conform subsection (b) to Vernon' s
Ann. Civ. St . art . 8801 (4) .
4 10 . 00 Massage establishments .
Pursuant to Vernon' s Ann. Civ. St .
art . 4512k, §14 , massage therapists,
as defined in section 1 (2) of that
article, should be exempted from
this section.
7 6 . 01 Loud noise; general .
The word "unnecessary" is too vague
to be used in a noise ordinance and
should be deleted.
2
••••••••• ••••••••••••••••••••c
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
W _ _t + nda ommunication ta►r Jana•• •• .• ••••, ._.._
,
ent t 0.R hard fia e 0tWOt Utn nsta ion
ISSUE
Discuss and consider authorizing payment to Richard Nance for water line installation in the Mill
Creek Subdivision.
BACKGROUND
For the past several months Richard Nance has been developing the Mill Creek Subdivision off
Stone Road and west of the Stone Grove Addition. There are approximately 16 lots in this area
that will be oversized acreage lots along with approximately 32 regular sized single family home
dwellings. Since approving the preliminary and final plat, Richard has began installing the
necessary utilities. Our development standards require Richard to install an 8" water line along
Stone Road. However, the ultimate utility plan suggests that a 12" (or oversized) line be installed
to handle additional homes as well as improve circulation and flows. The City Engineer strongly
recommended that we require Richard to install a 12" line while he is in there and give Richard
a credit off of his impact fee requirements. I know that some councilmembers are sensitive, and
that in the past, credits were given to developers without your knowledge. The credit here is
approximately $15,000 for the oversizing of the water line. There will be no monies exchanging
hands, but rather a credit will be issued to Mr. Nance who will apply the credit toward his impact
fee payment. Mr. Nance's total impact fee to the City is approximately $65,000. Since the
oversizing is to allow for future growth and overall system efficiency, it is totally and completely
legal for the City to utilize impact fee monies for this oversizing.
FINANCIAL CONSIDERATION
The oversizing from an 8" to a 12" water line of approximately 2,310 linear feet is $15,165.
LEGAL CONSIDERATIONS
Allowing credit against impact fee payments are legal and meet the intent of the impact fee
statute.
RECOMMENDATION
Authorize credit in the amount of$15,165 to Richard Nance would be applied to his final impact
fee payment to the City of Wylie.
Prepared by: Approved by:
e41\.:
Invoice
Date: December 5, 1994
To : City of Wylie
From: Richard Nance
Reference; Installing a 12 ' Water Line Down Stone Rd. and W. A. Allen Blvd.
2310 L.F.
Total Price: $59,272.00
Less Payment
From Richard
Nance $44,107.00
Total Price that
City of Wylie
Pays $15,165.00
MORROW CONSTRUCTION
P.O. BOX 158 • LAVON, TEXAS 75166 • (214) 843-3601 • 843-4681 • FAX 843-0222
1,01
��ctober 17 , 1994
Richard Nance
lylie , Texas
RR : PROPOSAL
12" Water Line
Mill Creek Addition
-L . 12" Connection - L.U . - 41 400.00
1-2 . 12" 1-900 0L150 - 2310 L. ?. 18.00 41,580.00
'-3 . Fire Hydrants ( Complete in Flace ) - 4 1500.00 6 ,000.00
'-4 . Crushed Stone - 52 .5 Tons 0 20.80 1,092.00
r'-5 . Sand �bmbedment - 280 0 .Y. 11 .00 3,080.00
!---6 . 12" Gate Valve & Stack - 4 8 765.00 3 ,060.00
1-7. 1" 'Dater Services ('complete ) - 8 'a 385 .00 3 ,080.00
--3. Test & Chlorinate - .,.S . 450.00
-9. 8" Gate Valve & Stack - 1 530.00 530.00
TOTAL - $59,272.00
ALTERNATE 8" Line
8" Connection - L.S . $ 400.00
12" x 8" Reducer - L.S . 245.00
-3. Fire Hydrants (Com fete in Place ) - 4 @ 1500.00 6 ,000.00
8" C-900 CL150 PVC 2310 L .F. @ 12 .00 27 ,720.00
-5 . Crushed Stone - 52 .5 sons ((b 20.80 1,092.00
-6 . Sand mbedment - 280 C .Y. 11.00 3,080.00
1-7 . 8" Gate Valve & Stack - 4 ,d 530.00 2,120.00
-8. 1 " '.,Dater_ Services - 8 Y0 375.00 3,000.00
d-9. Test & Chlorinate - L.S . 450.00
TOTAL - 444 , 107.00
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