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05-23-1995 (City Council) Agenda Packet WIPLIE CI '11
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AGENDA
WYLIE CITY COUNCIL
Wylie Municipal Complex
May 23, 1995
7:00 p.m.
CALL TO ORDER
INVOCATION - Reverend Al Draper
PLEDGE OF ALLEGIANCE W 17- '( / r
L. CONSENT AGENDA
/Consider Approval of Minutes of May 9 and May 16, 1995 / reeITT
Consider Approval of a Resolution Authorizing a Contract with Southwest '117
Consultants for Administration of the Community Development Block Grant for
Sewer System Improvements
Afilte5
PI PUBLIC HEARINGS
Hold Public Hearing and Consider Approval of an Ordinance Authorizing aii
0 �I ' Change in Zoning from "I" Industrial to "R" Residential at the Request of
Cornerstone Private School on a Tract of Land Located at Industrial Court and
5 37 Birmingham Street c;6-j ow _ 0,- c� V
ir/64. Hold Public Hearing and Consider Approval of a Preliminary Plat and an �/1 , Ve6
Ordinance Authorizing a Change in Zoning to PD Planned Development on a
Tract of Land to be Known as Westgate Phase II
ACTION ITEMS �Ctle� - c9' �"�� .�'
0ti4►$Wo4/ Discuss and Consider Action Related to a Contract for Refuse Collection and
/ , Recycling pceep*- /4c1/ /p5/yea4-t- I "CY /-e- "9-,a Llee-..e
w4i ' / Discuss and Consider Approval of an Ordinance Authorizing Amendments to the
�a/715 1995 Budget ©p-di�a d-e- — S - I// z ce e/
�04Ct7. Discuss and Consider Approval of a Resolution Adopting an Investment Policy
STAFF REPORTS /l/4ye e41
CITIZEN PARTICIPATION ,,//
ADJOURNMENT ��( ��`'`d kYn.e
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ida2-g.
Po d051• •5at5:00p.m.
lie City C me l
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Min g of G +�lr
MINUTES OF THE WYLIE CITY COUNCIL
May 9, 1995
CALL TO ORDER
Mayor Jim Swartz called the meeting to order with the following councilmembers
present: Reta Allen, Cleo Adams, Bobby Jennings, Ortie Messenger, Steve Wright, and
John Mondy. No members were absent.
CANVASS OF VOTES
Mayor Swartz and Councilman Wright canvassed the returns of the May 6, 1995
Municipal Election and reported to the Council that the return sheet as submitted
represented the results of the election as follows:
PLACE ONE Joel Scott Early 33
Meth. Church 254
Southfork 16
TOTAL 303
Scott Foster Early 13
Meth. Church 205
Southfork 17
TOTAL 235
PLACE THREE John Mondy Total 415
PLACE FIVE R. Paul Hawkins Early 30
Meth. Church 127
Southfork 16
TOTAL 173
J.C. Worley Early 30
Meth. Church 321
Southfork 16
TOTAL 367
OATHS OF OFFICE
Mayor Swartz administered the Oath of Office to newly elected councilmembers Joel
Scott, John Mondy, and J.C. Worley who then took their seats in place of outgoing
councilmembers Bobby Jennings and Ortie Messenger.
ELECTION OF MAYOR PRO-TEM
Allen nominated John Mondy as Mayor Pro-Tem. Adams seconded the motion.
Wright nominated Adams as Mayor Pro-Tem who declined the nomination. Being no more
nominations, the motion was voted on and passed with all in favor except Mondy who
abstained.
PRESENTATION TO WYLIE MIDDLE SCHOOL
Mayor Swartz presented certificate of appreciation to the students of Wylie Middle
School for their production of a mural exhibit displayed at City Hall and representing
positive alternatives to drugs, stressing drug prevention awareness, and expressing a
commitment to live drug free.
CONSENT AGENDA
(1) Minutes of April 25, 1995
(2) Requests of the Chamber of Commerce Related to Annual July Jubilee
Celebration
(3) an Interlocal Road Maintenance Agreement
Allen pulled item (2) from the Consent Agenda. Wright made a motion to approve the
remaining items. Allen seconded the motion. The motion was voted on and passed
unanimously except for Worley and Scott who abstained. Regarding item (2), Allen made
a motion to approve the requests of the Chamber of Commerce with the condition that the
carnival end by 11:00 p.m. weeknights and midnight on Friday and Saturday nights.
Adams seconded the motion. The motion was voted on and passed unanimously.
CONTRACT FOR REFUSE COLLECTION AND RECYCLING
Norwood explained that the contract with BFI would expire August 31st and that
proposals had been received from Community Waste Disposal, Laidlaw, Waste
Management and BFI. He discussed the proposal comparison attached hereto as Exhibit
"A" and explained that a five year proposal was much more favorable than a two year
contract. He recommended award of the contract to BFI and noted that their proposal
was a substantial reduction in residential and commercial collection rates over the current
rate structure.
Randi Smith, Municipal Marketing Manager for BFI, discussed landfill costs, escape
and cancellation clauses in the proposed contract, procedures for requesting a rate
increase and customer service questions of Council. Mondy made a motion to table action
pending a discussion between staff and representatives of BFI regarding quality of service.
Allen seconded the motion. The motion was voted on and passed unanimously.
Greg Roemer, President of CWD, made a presentation to Council regarding the
qualifications and background of his company and the terms of his service proposal. A
representative from Waste Management also discussed the qualifications of his company
and requested Council to re-bid with a more detailed request for proposals.
WORK ORDER#9 WITH HOGAN CORPORATION FOR ENGINEERING AND DESIGN
OF COOPER ROAD RECONSTRUCTION PROJECT
Norwood explained that the contract provided for Hogan Corporation to perform the
preliminary planning and design phases of the Cooper Road street paving project from FM-
544 northward to the end of the cul-de-sac; approximately 1385 feet. He stated that the
construction phase of the project was not included in the contract. Adams made a motion
to approve the work order. Mondy seconded the motion. The motion was voted on and
passed unanimously.
WORK ORDER#10 WITH HOGAN CORPORATION FOR ENGINEERING AND DESIGN
OF REGENCY DRIVE RECONSTRUCTION PROJECT
Norwood explained that the contract provided for Hogan Corporation to perform the
preliminary planning and design phases of the Regency Drive street paving project from
FM-544 southward to the intersection of Steel Road; approximately 1000 feet. He stated
that the construction phase of the project was not included in the contract. Wright made
a motion to approve the work order. Adams seconded the motion. The motion was voted
on and passed unanimously.
EXECUTIVE SESSION AND SUBSEQUENT APPOINTMENTS TO PARK BOARD AND
NORTH TEXAS MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS
Upon reconvening into regular session, Allen made a motion to appoint Harry
Tibbals to the North Texas Municipal Water District Board of Directors. Adams seconded
the motion. The motion was voted on and passed unanimously. Wright made a motion
to appoint Janet Lamb and Biff Johnson as members of the Park Board and Tommy Jones
as an alternate member. Adams 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.
APPROVED
ATTEST
1 X/1/ ¶/ tt l Y)i YE5
Brr" �
rnn y 9, /9'S
PROPOSAL FOR SOLID WASTE COLLECTION
COMPARISON OF PROPOSED RATES
BY GROSS ANNUAL REVENUE
Residential Service Current B.F.I. C.W.D. Laidlaw Waste Mgmt.
Frequency & Type Rate Proposal Proposal Proposal Proposal
A. 2 regular, 9.31 8.67 8.49 10.35 9.28
1 recyclable
Annual Revenue 358,062 333,448 326,525 398,061 356,909
B. 1 w/polycart, N/A 7.39 8.99 8.05 8.31
1 recyclable
Annual Revenue N/A 284,219 345,755 309,603 319,603
C. 2 w/polycart, N/A 8.81 10.49 10.42 10.57
1 recyclable
Annual Revenue N/A 338,833 403,445 400,753 406,522
D. 1 reg.w/cart, N/A 8.95 N/A N/A N/A
1 yd.waste w/cart,
1 recyclable*
Annual Revenue N/A 344,217 N/A N/A N/A
Commercial Hand
Collect, 2X Week 15.72 10.00 33.00 33.50 30.00
Commercial Bin Svc.
1X 2 yd bin 62.30 37.00 63.00 72.00 60.98
2X 2 yd bin 101.25 79.00 112.00 116.00 107.10
3X 2 yd bin 140.18 105.00 157.00 161.00 153.72
lX 3 yd bin 68.98 51.00 71.00 79.00 66.78
2X 3 yd bin 111.26 95.00 123.00 128.00 119.70
3X 3 yd bin 152.43 147.00 169.00 175.00 172.62
1X 4 yd bin 84.55 76.00 86.00 97.00 74.34
2X 4 yd bin 124.62 121.00 132.00 143.00 133.56
3X 4 yd bin 173.56 171.00 186.00 200.00 191.52
1X 6 yd bin 95.68 89.00 96.00 110.00 88.20
2X 6 yd bin 159.11 145.00 167.00 183.00 158.76
3X 6 yd bin 225.86 215.00 237.00 260.00 229.32
1X 8 yd bin 119.04 109.00 121.00 137.00 104.58
2X 8 yd bin 189.19 187.00 199.00 218.00 186.48
3X 8 yd bin 244.78 249.00 257.00 282.00 268.38
Total Commercial 222,357 204,276 241,416 266,952 224,304
Combined Total A 580,419 537,724 567,941 665,013 581,213
Combined Total B N/A 488,495 587,171 576,555 543,907
Combined Total C N/A 543,108 644,861 667,705 630,826
*Unsolicited alternate proposal.
MINUTES OF THE WYLIE CITY COUNCIL
WORKSESSION
May 16, 1995
CALL TO ORDER
Mayor Pro-Tern John Mondy called the meeting to order with the following
councilmembers present: Reta Allen, Cleo Adams, J.C. Worley, Steve Wright, and Joel
Scott. Mayor Jim Swartz was absent.
WORKSESSION ITEMS
Council discussed the status of the Meals on Wheels program funding and
discussed methods of generating community involvement in fund raising activities.
Councilmembers agreed that staff should contact Norma Sessoms with the Collin County
Committee on Aging to discuss low fat and low cholesterol meals and to schedule a
meeting with local business and civic groups to encourage support and solicit ideas.
City Manager Steve Norwood discussed mid-year budget amendments proposed
resulting in a net increase in revenues over expenditures of $19,410. He explained a
separate reserve account developed for surplus funds from capital projects and noted that
the sales tax receipt represented a 15 percent decrease from the previous year.
Council discussed the existing fee schedule and Norwood noted that the new
building official would be reviewing existing building and development fees. Fire Chief
Shan English discussed proposed burn permit fees and slip fees were proposed if Council
chose to annex Collin Park.
MANAGEMENT UPDATE
Norwood briefed Council on a meeting held with representatives of BFI regarding
the refuse collection and recycling contract, discussed status of commercial fire
inspections, suggested that Council consider at a future meeting a reduction in the speed
limit on McCreary Road, and informed Council of an ordinance staff was in the process of
researching regarding sprinklers in new residential construction.
ADJOURNMENT
As there was no further business to come before Council, the meeting adjourned.
APPROVED
ATTEST
yli¢ City/ Council
Agenda Communication for May 23, 1995
2
Resolution (luthorizing a Contract with Southwest Consultants
ISSUE
The purpose of this item is to consider approval of a contract for professional services between City
of Wylie and Southwest Consultants in the administration of the 1995 Texas Community
Development Program Grant.
RECOMMENDATION
Approval of a resolution authorizing the City Manager or his designee to execute a contract with
Southwest Consultants for an amount not to exceed $20,000.00.
BACKGROUND
The City of Wylie was successful in its efforts to receive a $250,000 matching grant from the Texas
Community Development Program for water and sewer improvements in central Wylie. The City
Council approved a resolution on ????, 1994 that approved appointment of Southwest Consultants
to assist in the preparation of the 1995 Grant Application and, if the grant application was successful,
to serve as the grant administrator. The resolution considered by City Council would approve the
contract for these services.
The administration of the grant requires a substantial amount of paper work and reporting. The Texas
Department of Housing and Community Affairs receives funds for the Texas Community
Development Program from the federal Department of Housing and Urban Development (HUD). A
recordkeeping system consistent with the program guidelines, including the establishment and
maintenance of a filing system, will be developed by Southwest Consultants. The firm will also furnish
the city with necessary forms and procedures required for implementation of the project. The
administration of this grant should not be compared with any situations experienced with the Tornado
grant.
FINANCIAL CONSIDERATIONS
All the projects contained in the grant must be completed within two years. The City has therefore
commenced design of the projects. Costs associated with the engineering and design, as well as the
grant administration, are included as part of the city's$316,000 match. The funding for the city's share
was approved in the 1995 Bond Program.
•
LEGAL CONSIDERATIONS
Consistent with State Law provisions regarding Professional Services Contracts, the City Council
must approve all contracts for an amount greater than $15,000.
BOARD/COMMISSION CONSIDERATIONS
N/A
STAFF CONSIDERATION
Staff recommends approval of a contract for professional services between City of Wylie and
Southwest Consultants in the administration of the 1995 Texas Community Development Program
Grant.
-/-q'JAL, Cla/Y14,'
Submitted By Appro ed By
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF WYLIE, TEXAS
AND
SOUTHWEST CONSULTANTS
WHEREAS, the City of Wylie, Texas, hereinafter referred to as the City, desires to engage the services of
Southwest Consultants, hereinafter referred to as SWC, to provide management and administrative
assistance in the administration of a Texas Community Development Program(TCDP)grant from the
Texas Department of Housing and Community Affairs(TDHCA)under the 1995 program; and
WHEREAS, SWC agrees to provide such management and administrative assistance in the
implementation of the City's 1995 TCDP Community Development Fund project;
WHEREAS THIS AGREEMENT, entered into by and between the City, acting herein by the duly
elected Mayor, and SWC, acting herein by a duly appointed officer;
NOW THEREFORE, both parties agree as follows:
L TIME OF PERFORMANCE
The services of SWC shall commence on the acceptance of this contract by the City. In any event, all of
the services required and performed hereunder shall be completed no later than the end date of the 1995
TCDP Community Development Fund Contract between the City of Wylie and the Texas Department of
Housing and Community Affairs, subject to Part IV-B of this contract.
II. SCOPE OF SERVICES
SWC shall provide the following professional services under this agreement:
A. Program Management
(1) During the course of the project, SWC will provide general advice with respect to the
implementation of the project and regulatory matters.
(2) Furnish the City with necessary forms and procedures required for implementation of the
project.
(3) As a normal part of the services, SWC will also implement an on-going training program
for City personnel who will be directly involved in the program to assist them in handling
any routine and daily tasks they may be required to perform.
(4) Assist the City in developing a recordkeeping system consistent with the program
guidelines, including the establishment and maintenance of a filing system.
Page 1 of 10
(5) SWC will serve as liaison for the City during any monitoring visit by staff representatives
from either TDHCA or the U.S. Department of Housing and Urban Development(HUD).
SWC will provide a representative for any scheduled monitoring visit(s), provided the
City gives sufficient notice of such visit(s).
(6) SWC will assist the City in meeting all special condition requirements.
(7) SWC will prepare and submit to TDHCA all required periodic progress and compliance
reports.
(8) SWC will assist the City in meeting citizen participation, fair housing, personnel and
flood prevention requirements as may be required for participation in the TCDP. It is
understood,however, that SWC shall be compensated, in addition to the fee prescribed
herein, if the preparation of any fair housing ordinance/resolution, personnel policy
manual, or flood prevention ordinance is required.
B. Financial Management
(1) SWC will assist the City in proving its ability in managing the grant funds to the state's
audit division and assist in the establishment of a simple but satisfactory accounting
system
(2) SWC will assist or instruct the City in establishing a separate bank account,journals,
ledgers, and a policy to retain all files for a period of not less than three(3)years from
close-out.
(3) SWC will assist the City in submitting the required accounting system certification letter
and the depository/authorized signatory form to TDHCA.
(4) SWC will order all fund drawdowns on behalf of the City as they are needed in order to
ensure orderly, timely payments to all contracting parties.
(5) SWC will submit all interim financial reports as required.
(6) SWC will not complete the following without additional compensation: (a)obtain
appropriate surety bond;(b)be responsible for internal control; (c)provide day-to-day
maintenance of records and files; (d)draft checks; (e)pay invoices; (f)enter transactions
in books; (g)reconcile bank statements;or(h)establish and administer procurement
procedures.
C. Environmental Review
(1) SWC will assist the City in meeting all environmental clearance procedures required by
TDHCA, including the preparation of a preliminary environmental assessment and
consideration of any historic and flood plain concerns. SWC shall not be required to
conduct any needed Environmental Impact Statement. Any environmental related
problems identified through the preliminary environmental assessment shall be resolved
entirely by the City.
Page 2 of 10
(2) The City shall be required to advertise/publicize the environmental clearances/public
notices and to execute the required certifications for submittal to TDHCA. SWC will
provide advice and instruction for such notices and certifications.
D. Labor Standards and Equal Opportunity
(1) SWC will assist the City in meeting the labor standards and equal opportunity
requirements of the program by reviewing all contract documents, providing proper
notices to TDHCA, conducting preconstruction conferences, providing job site posters,
securing prevailing wage rates, and reviewing payroll reports.
(2) SWC will furnish the local businesses and/or contractor(s)involved with the project all
necessary forms and documents necessary for their execution as may be required by
TDHCA in order to fulfill their requirements in the program. This will include Section 3
Affirmative Action Plans, special wage classification requests, equal opportunity, labor
standards and prevailing wage requirements, and Section 504 Handicapped Affirmative
Action.
(3) The City shall be responsible for conducting periodic on-site employee interviews and
job-site monitoring visits, at least once a month.
E. Close-Out and Audit Reports
(I) SWC will prepare a final performance report(Project Completion Report) along with the
required close-out documents for submission to TDHCA for close-out of the program.
(2) SWC will provide the City's auditor with adequate information and audit guidelines for
conducting an official audit report of the grant funds.
(3) SWC will conduct, prior to the auditor compiling his official audit report, any necessary
exit conferences with the auditor in order to rectify or explain any negative finding(s)that
may have arisen during the audit. In the event any finding cannot be adequately resolved
with the auditor, SWC will determine the basis for the finding, and if a satisfactory
response to the finding can be made, include it in the audit report to mitigate its adverse
effects.
F. Miscellaneous
(1) SWC will assist the City in the procurement of professional consulting engineering
services through the request for proposal process, if applicable, and as required by the
TCDP regulations.
(2) SWC will furnish the City with property acquisition procedures, should real property
acquisition activities be required, in accordance with program requirements. It is
understood that these acquisition services are limited to the provision of procedures and
instructions. Actual acquisition assistance is not included as a part of this agreement and
any and all assistance provided in addition to that of providing forms, procedures, and
general guidance shall be compensable in addition to the fee established herein.
Page 3 of 10
(3) SWC will be compensated, in addition to the fee established herein,by separate
agreement(to be attached hereto as an addendum to this agreement, if applicable)for
administration of any housing program activities such as rehabilitation, demolition,
relocation, or code enforcement.
III. COMPENSATION
A. The City agrees to compensate SWC as a base price the sum of Twenty Thousand Dollars
($20,000.00) for its services set out in Part II, according to the following schedule:
An initial payment of One Thousand Two Hundred Dollars ($1,200.00), to be paid
upon signing of this agreement.
Twenty two additional monthly payments of Eight Hundred Dollars($800.00).
A fmal payment of One Thousand Two Hundred Dollars($1,200.00)to be paid upon
final closeout of the contract between the City and TDHCA.
B. If the project is closed out prior to completion of all payments due, the remaining balance
shall be paid upon closeout. If the project is not completed prior to payment of all
installments due, the final payment shall be withheld by the City until completion of the
project.
C. Any additional services desired by the City and not associated with the general services
described in Part II shall be billed at Forty Five Dollars($45.00)per hour, which includes
travel and clerical costs, unless a formal addendum indicating otherwise has been
executed by both parties.
IV. GENERAL PROVISIONS
A. The City agrees to provide adequate staff support, resources and general cooperation,
including publishing notices and holding meetings, throughout the term of the program to
ensure completion of the project.
B. All services provided by SWC under this agreement shall be provided during the course
of the program, but in no event shall SWC be obligated to provide these services longer
than Part I of this contract permits. Should the project contract be extended past the the
termination date,then SWC will be compensated an additional amount not to exceed ten
percent(10%)over and above the compensation amount established in Part III above.
C. This agreement provides services and requires compensation based on the original scope
of work as outlined in the 1995 TCDP application. Should the scope of work be so
amended to require SWC to provide additional and/or duplicated services, SWC shall be
compensated in accordance with any executed addendum or in accordance with the hourly
rate as specified in Part III, COMPENSATION, of this agreement.
D. This contract is fully performable in the county in which the City is located and any
dispute hereunder shall be resolved in the courts of that county.
Page 4 of 10
TCDP TERMS AND CONDITIONS
1. Termination of Contract for Cause — If, through any cause, SWC shall fail to fulfill in a timely
and proper manner the obligations under this Contract, or if SWC shall violate any of the
covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to
terminate this Contract by giving written notice to SWC of such termination and specifying the
effective date thereof, at least ten days before the effective date of such termination. In such
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs and reports prepared by SWC under this Contract shall, at the option of the City,
become its property and SWC shall be entitled to receive just and equitable compensation for any
work satisfactorily completed hereunder.
Notwithstanding the above, SWC shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the Contract by SWC, and the City may withhold
any payments to SWC for the purpose of set-off until such time as the exact amount of damages
due the City from SWC is determined.
2. Termination for Convenience of the City— The City ,may terminate this Contract at any time by
giving at least ten (10) days notice in writing to SWC. If the Contract is terminated by the City as
provided herein, SWC will be paid for the time provided and expenses incurred up to the
termination date. If this Contract is terminated due to the fault of SWC, Paragraph 1 hereof
relative to termination shall apply.
3. Changes — The City may, from time to time, request changes in the scope of the services of
SWC to be performed hereunder. Such changes, including any increase or decrease in the amount
of SWC's compensation, which are mutually agreed upon by and between the City and SWC, shall
be incorporated in written amendments to this Contract.
4. Personnel
(a) SWC represents that the firm has, or will secure at his own expense, all personnel required
in performing the services under this Contract. Such personnel shall not be employees of
or have any contractual relationship with the City.
(b) All of the services required hereunder will be performed by SWC or under the firmis
supervision and all personnel engaged in the work shall be fully qualified and shall be
authorized or permitted under State and Local law to perform such services.
(c) None of the work or services covered by this Contract shall be subcontracted without the
prior written approval of the City. Any work or services subcontracted hereunder shall be
specified by written contract or agreement and shall be subject to each provision of this
Contract.
5. Assignability — SWC shall not assign any interest on this Contract and shall not transfer any
interest in the same (whether by assignment or novation), without the prior written consent of the
City thereto: Provided, however, that claims for money by SWC from the City under this
Contract may be assigned to a bank, trust company, or other financial institution without such
approval. Written notice of any such assignment or transfer shall be furnished promptly to the
City.
Page 5 of 10
6. Reports and Information— SWC, at such times and in such forms as the City may require, shall
furnish the City such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this Contract.
7. Records and Audits — SWC shall maintain accounts and records, including personnel, property
and financial records, adequate to identify and account for all costs pertaining to the Contract and
such other records as may be deemed necessary by the City to assure proper accounting for all
project funds, both Federal and non-Federal shares. These records will be made available for
audit purposes to the City or any authorized representative, and will be retained for three(3)years
after the expiration of this Contract unless permission to destroy them is granted by the City.
8. Findings Confidential — All of the reports, information, data, etc., prepared or assembled by
SWC under this contract are confidential and SWC agrees that they shall not be made available to
any individual or organization without the prior written approval of the City.
9. Copyright — No report, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an application for copyright by or on behalf of SWC.
10. Compliance with Local Laws — SWC shall comply with all applicable laws, ordinances and
codes of the State and local governments, and SWC shall save the City harmless with respect to
any damages arising from any tort done in performing any of the work embraced by this Contract.
11. Equal Employment Opportunity — During the performance of this Contract, SWC agrees as
follows:
(a) SWC will not discriminate against any employee or applicant for employment because of
race, creed, sex, color or national origin. SWC will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, creed, sex, color, or national origin. Such action shall include but not
be limited to the following: employment, upgrading, promotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship SWC agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by the City setting forth the provisions of this non-discrimination clause.
(b) SWC will, in all solicitation or advertisements for employees placed by or on behalf of
SWC, state that all qualified applicants will receive consideration for employment without
regard to race, creed, color, sex, or national original.
(c) SWC will cause the foregoing provisions to be inserted in all subcontracts for any work
covered by this Contract so that such provisions will be binding upon each subcontractor,
provided that the foregoing provisions shall not apply to contracts or subcontracts for
standard commercial supplies or raw materials.
(d) SWC will include the provisions of the paragraphs (a)through (c) in every subcontract or
purchase order unless exempted
12. Civil Rights Act of 1964 — Under Title VI of the Civil Rights Act of 1964, no person shall, on
the grounds of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving Federal
financial assistance.
Page 6 of 10
13. Section 109 of the Housing and Community Development Act of 1974 — No person in the
United States shall on the ground of race, color, national origin, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available under this title.
14. "Section 3" Compliance in the Provision of Training,Employment and Business Opportunities
(a) The work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and Urban
Development and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the
greatest extent feasible opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by
persons residing in the area of the project.
(b) The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development
set forth in 24 C.F.R. 235, and all applicable rules and orders of the Department issued
thereunder prior to the execution of this Contract. The parties to this Contract certify and
agree that they are under no contractual or other disability which would prevent them
from complying with these requirements.
(c) SWC will send to each labor organization or representative of workers with which he/she
has a collective bargaining agreement or other contract or understanding, if any, a notice
advising the said labor organization or workers' representative of his/her commitments
under this Section 3 clause and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or training.
(d) SWC will include this Section 3 clause in every subcontract for work in connection with
the project and will, at the direction of the applicant for or recipient of Federal fmancial
assistance, take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of Housing and Urban
Development, 24 C.F.R. Part 135. SWC will not subcontract with any subcontractor
where it has notice or knowledge that the latter has been found in violation of regulations
under 24 C.F.R. Part 135 and will not let any subcontract unless the subcontractor has
first provided it with a preliminary statement of ability to comply with the requirements of
these regulations.
(e) Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part
135, and all applicable rules and orders of the Department issued hereunder prior to the
execution of the contract, shall be a condition of the federal financial assistance provided
to the project, binding upon the applicant or recipient for such assistance, its successors
and assigns. Failure to fulfill these requirements shall subject the applicant or recipient,
its contractors and subcontractors, its successors and assigns to those sanctions specified
by the grant or loan agreement or contract through which federal assistance is provided,
and to such sanctions as are specified by 24 C.F.R. Part 135.
Page 7 of 10
15. Section 503 Handicapped(if$2,500 or Over)Affirmative Action for Handicapped Workers.
(a) SWC will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant
for employment is qualified. SWC agrees to take affirmative action to employ, advance
in employment and otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in all employment practices
such as the following: , demotion or transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
(b) SWC agrees to comply with the rules, regulations, and relevant orders of the Secretary of
Labor issued pursuant to the Act.
(c) In the event of SWC's non-compliance with the requirements of this clause, actions for
non-compliance may be taken in accordance with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the Act.
(d) SWC agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Director, provided by or through
the contracting officer. Such notices shall state SWC's obligation under the law to take
affirmative action to employ and advance in employment qualified handicapped
employees and applicants for employment, and the rights of applicants and employees.
16. Interest of Members of a City — No member of the governing body of the City and no other
officer, employee, or agent of the City who exercises any functions or responsibilities in
connection with the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, in this Contract; and SWC shall take appropriate steps to assure
compliance.
17. Interest of Other Local Public Officials— No member of the governing body of the locality and
no other public official of such locality, who exercises any functions or responsibilities in
connection with the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, in this Contract; and SWC shall take appropriate steps to assure
compliance.
18. Interest of Consultant and Employees — SWC covenants that the firm presently has no interest
and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any
other interest which would conflict in any manner or degree with the performance of his/her
services hereunder. SWC further covenants that in the performance of this Contract, no person
having any such interest shall be employed.
Page 8 of 10
GENERAL COVENANTS
1. Time of Performance — The services of SWC shall commence on the date that the agreement for
professional services is adopted by the City. All of the services required and performed shall be
completed no later than the TCDP contract termination date, unless said date is formally extended.
2. Access to Information — It is agreed that all information, data, reports, records, and maps as are
existing, available, and necessary for the carrying out the project shall be furnished to SWC by the
City and its agencies. No charge will be made to SWC for such information and the City and its
agencies will cooperate with SWC in every way possible to facilitate the performance of the work
described in the contract.
3. Indemnification — SWC shall comply with the requirements of all applicable laws, rules and
regulations, and shall exonerate, indemnify and hold harmless the City and its agency members from
and against them, and shall assume full responsibility for payments of federal, state and local taxes on
contributions imposed or required under the social security, workers' compensation and income tax
laws.
4. Miscellaneous Provisions
(a) This agreement shall be construed under and accord with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable in the county or counties in
which the City is located.
(b) This agreement shall be binding upon and ensure to the benefit of the parties hereto and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this agreement.
(c) In case one or more of the provisions contained in this agreement shall for any reason be held
to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof.
(d) If any action at law or in equity is necessary to enforce or interpret the terms of this
agreement, the prevailing party shall be entitled to reasonable attomey's fees, costs and
necessary disbursements in addition to any other relief to which such party may be entitled.
(e) This agreement may be amended by mutual agreement of the parties hereto and a writing to be
attached to and incorporated unto this agreement.
(f) The City agrees to timely provide such information as may be requested by SWC for the
project, hold meetings as needed, to publish such notices as may be required, and to provide
any other needed information or action.
(g) The City shall forever hold SWC or any of its officers, employees or associates harmless of
and from any claims, demands, suits, actions, causes of action, liability and expenses, all of
any kind or type whatsoever, including, but not limited to, attomey's fees and expenses
incurred in defense thereof, arising either directly or indirectly from SWC's business
association with City, excepting only a breach of this agreement by SWC. In no event shall
SWC's liability exceed the total amount of compensation paid to SWC under the terms of this
agreement.
Page 9 of 10
V. ACCEPTANCE
ACCEPTED, APPROVED, EXECUTED, and ENTERED into this agreement by the authorized parties as
signed below on this_day of , 1995.
CITY OF WYLIE SOUTHWEST CONSULTANTS
Mayor Lee Lawrence, Partner
City Secretary Pat Dillon, Partner
Page 10 of 10
# ihK�a Comlln�unica# ono ' May 23,; 955
Consider Ei pro rai of an + rdinan+ce Authorizhiq ZoIne(hang¢
Issue
Discuss and consider approval for a request from The Cornerstone Private School for a
zone change from I to R for the properties located at the northwest corner of Industrial
Court and Birmingham Street (1.2 acres), also described as Lot 13 of Railroad Industrial
Park and unplatted acreage in Abstract 820, Tract 32
Background
Melissa Abbott, owner of the Cornerstone Private School wishes to rezone this property
in order to relocate and build a new daycare center.
Board/Commission Recommendations
The Planning and Zoning Commission voted to recommend to the City Council a
request from Melissa Abbott to rezone this property at the May 15, 1995 Planning &
Zoning Meeting.
Staff Recommendations
City Staff recommends approval
Attachments
Attached are P & Z minutes and packet.
)'14/A4-C-( 1
Prepared By Approved By
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
ZONING CLASSIFICATION OF LOT 13 OF RAILROAD INDUSTRIAL PARK, AND
ACREAGE IN ABSTRACT 820, TRACT 32, IN THE CITY OF WYLIE, COLLIN
COUNTY, TEXAS, GENERALLY LOCATED AT 120 SOUTH BIRMINGHAM, FROM
"I" INDUSTRIAL TO "R" RETAIL; AMENDING THE COMPREHENSIVE ZONING
ORDINANCE (ORDINANCE NO. 85-23A); AMENDING THE ZONING DISTRICT
MAP (ORDINANCE 91-12, ORDINANCE 91-13); AND REPEALING ALL
CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the zoning of the property herinafter described is presently zoned as "I"
Industrial; and,
WHEREAS, the owners of the property have properly filed a request with the City to
change the zoning classification from "I" Industrial to "R" Retail; and,
WHEREAS, the Planning and Zoning Commission, after first having given all requisite
notices, by publication and otherwise, and conducting all requisite hearings thereon, has
recommended to the City Council that the request for change in zoning classification be granted;
and,
WHEREAS, the City Council has heretofore conducted a public hearing on the proposed
change and determined that the change should be granted;
WHEREAS, the City Council has determined, in its legislative capacity, that the proposed
change is appropriate and in the best interest of the orderly development of the City in that it is
based on recognition of changed or changing conditions or circumstances in the locality and/or
recognizes changes in technology, the style of living, or manner of doing business, as required by
Section 35.1 of the Comprehensive Zoning Ordinance and therefore not in derogation of any of
the purposes therein expressed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, as follows:
SECTION I
That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the
Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the same
currently exists, so as to change the zoning classification on the following described property,
commonly described as 120 South Birmingham, to wit:
Lot 13 of Railroad Industrial Park and acreage in Abstract 820, Tract 32 of Wylie,
Collin County, Texas
from "I" Industrial to "R" Retail.
SECTION II
That the property herein described shall be used only in the manner and for the purposes
authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended.
SECTION III
Any person violating the provisions of this ordinance, or any part hereof, commits an
unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning
Ordinance, as the same now exists or is hereafter amended.
SECTION IV
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance
be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to
the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code
not in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to
accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
day of , 1995.
By
James D. Swartz
Mayor
ATTEST
Mary Nichols
City Secretary
Approved
City Attorney
MINUTES
The Planning and Zoning Commission met in a Regular Business Meeting on May 15, 1995, at 6:30 p.m. in the
Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A
quorum was present and a notice was posted in the time and manner required by law.
COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord ,Vice-Chairman, Rich Eckman, John
Crowe, Stuart Allison, Steve Ahrens, Cecilia Wood, and Tim Owen.
ABSENT: All present
STAFF MEMBERS PRESENT: Building Inspector, March Coover and Technical Coordinator, Lisa Price
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes from April 17, 1995 Regular Business Meeting. A motion was
made by Rich Eckman and seconded by Stuart Allison to approve the Minutes as submitted. Motion carried, all
in favor (7 votes).
PUBLIC HEARING
ITEM NO. 2: Hold Public Hearing and consider a recommendation to the City Council a request from The
Cornerstone Private School for a zone change of the properties located at the northwest corner of Industrial Court
and Birmingham Street (1.2 acres) from Ito R, and further described as Lot 13 of Railroad Industrial Park and
unplatted acreage in Abstract 820, Tract 32. Melissa Abbott of 400 Dogwood and owner of Cornerstone spoke
in favor of the zone change. This property is centrally located with access to both Highway 78 and F.M. 544.
This will be a facility of the '90's with a learning environment inside and out, with four separate age-appropriate
playgrounds. There is no other daycare like this located in the Wylie area, with this being a state of the art 10,000
square foot, $500,000 building to add to the tax base. Cecilia Wood questioned whether the Industrial zoning
surrounding the property poses any problems, and if not now, what about future industrial growth. Stuart Allison
questioned the capacity(240 students)which would make approximately 120 cars travelling in a highly congested
area in early mornings and late afternoons, with no traffic signals at this intersection, and no plans to widen
Birmingham. John Crowe also expressed concerns over the daycare being located in the middle of an Industrial
area. A motion was made by John Crowe and seconded by Rich Eckman to recommend to City Council for
approval of this zone change request. Motion carried, 5 in favor, 2 against - Cecilia Wood and Stuart Allison.
(7 votes).
ITEM NO. 3: Discuss and consider a recommendation to the City Council for approval of a Preliminary Plat
submitted by The Cornerstone Private School for the properties located at the northwest corner of Industrial Court
and Birmingham Street (1.2 acres). Discussion began by Cecilia Wood for rezoning 3 lots to the north of the
daycare location. Bart Peddicord stated he liked to see Wylie moving ahead with this tune of school at this
location. Motion made by John Crowe and seconded by Rich Eckman to recommend to City Council for approval
of Preliminary Plat. Motion passed, 5 in favor, 2 against - Cecilia Wood and Stuart Allison. (7 votes).
ITEM NO. 4: Hold Public Hearing and consider a recommendation to the City Council a request from F.M.
3412,Inc. (Jim Meara, Managing Partner) for a zone change from SF-3 to PD for a tract of land (8.28 acres)to
be platted as Westgate Phase II, south of Westgate Phase 1 and north of the Kansas City Southern Railroad, and
further described as: Abstract 266,E.C. Davidson Survey,Blocks 10 and 11. Steve Heniford, Engineer with Rust,
Lichliter/Jameson, representing Jim Meara and F.M. 3412 spoke in favor of this zone change. The Developer's
intent is to develop this area in the same manner as what exists on the west side of Westgate Way. D.R. Horton
will also build homes in this area. Cecilia Wood had a question about the overflow swale in the southeast corner
of the property. Mr. Heniford explained that when the new road way is constructed there will be a sag in the turn
in the street where all the drainage that bypasses the inlets in the existing storm sewer system collects, and in case
the storm system clogs the water has a way to get out of the street and pass between the lots without inundating
the homeowners. The plans are for this to be a small shallow grass ditch that runs between the two homes. Steve
Ahrens requests this ditch to be constructed out of concrete to alleviate any possible erosion problems. A person
from the audience asked if these homes would be zero lot line homes, and Building Inspector, March Coover
advised the Board that this PD would have the same setback requirements as the existing PD on the west side.
A motion was made by Stuart Allison and seconded by Steve Ahrens to recommend to the City Council approval
of this zone change. Motion passed with all in favor (7 votes).
ITEM NO. 5: Discuss and consider a recommendation to the City Council for approval of a Preliminary Plat
submitted by F.M. 3412,Inc. for a tract of land (8.28 acres) to be platted as Westgate Phase II, located south of
Westgate Phase 1 and north of the Kansas City Southern Railroad. John Crowe questioned the purpose of going
from a SF-3 zoning to a PD. Inspector March Coover said that the Developer's purpose was to build a bigger
home than the existing SF-3 setbacks currently allowed. The City's most lenient setback on a side yard is only 6
feet. The proposed PD would have a 5 foot side yard setback, 20 foot front setback, and 20 foot rear setback.
This would give the builder greater flexibility. A motion was made by Stuart Allison and seconded by Steve
Ahrens to recommend to the City Council approval of the Preliminary Plat subject to making the overflow swale
between lots 21 and 22 of Block 10 a concrete ditch. Motion passed with all in favor(7 votes).
At this time, Board members had some questions that they wanted to discuss at the next Planning and Zoning
meeting. Some mis-information has been given to people to start out with such, as certain zoning that was needed,
etc. Also to discuss possible re-zoning of 3 lots north of the proposed Cornerstone Private School location.
ADJOURN: A motion was made by Steve Ahrens and seconded by Stuart Allison to adjourn. Motion carried,
all in favor(7 votes). Chairman Peddicord adjourned the meeting.
Respectfully Submitted:
Bart Peddicord, Chairman Lisa Price, Technical Coordinator
•
MINUTES
The Planning and Zoning Commission met in a Regular Business Meeting on April 17, 1995, at 6:30 p.m. in the
Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North,Wylie, Texas 75098. A quorum
was present and a notice was posted in the time and manner required by law.
COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord ,Rich Eckman, Stuart Allison, Steve
Ahrens, and Tim Owen.
ABSENT: Cecilia Wood and John Crowe, excused.
STAFF MEMBERS PRESENT: Kirsten Fresh
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes from April 3, 1995 Regular Business Meeting. A motion was made
by Steve Ahrens and seconded by Tim Owen to approve the Minutes as corrected to reflect the proper vote on Public
Hearing item number two (2). Motion carried, all in favor(5 votes).
•
ITEM NO. 2: Discuss and consider a recommendation to the City Council for approval of a preliminary and final
plat submitted by Wylie I.S.D. for the property at FM 1378 and FM 544 for the new high school. The Commission
wanted clarification on what certain areas on the floor.plan were. It was explained that the building was set up for
expansion and the gray areas were to reflect those'places where expansion could take place if needed. Parking
access, the widen of FM 1378 and a traffic signal being installed at the intersection of FM 1378 and FM 544 were
discussed as well. A motion was made by Tim Owen and seconded by Steve Ahrens to recommend to the City
Council an approval of a preliminary and final plat for the new high school. Motion passed, all in favor(5 votes).
ADJOURN: A motion was made by Steve Ahrens and seconded by Rich Eckman to adjourn. Motion carried, all
in favor(5 votes). Chairman Peddicord adjourned the meeting.
Respectfully Submitted:
•
Bart Peddicord, Chairman Kirsten Fresh, Secretary
Page i of 2 (5/93)
CITY OF WYLIE
P.O. BOX 428
Wylie, TX 75098
APPLICATION FOR ZONING CHANGE
Case No. Filing Fee 3 57Date April 19 , 1995
Applicant The Cornerstone Private School Phone No. 442-6495
Mailing Address: 216 N Rustic Trails Wylie Work No. 442--649c
LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional spade
is needed for description, the description may be put on a separate sheet and attached
hereto.)1
I hereby request that the above described property be changed from its present zoning
which Is zna ns t r i R 1 , District Classification to
Retail District Classification forthe following reasons: (attach
separate sheet if necessary)
There (are) (are not) deed restrictions pertaining to the intended use of the property.
2
Status of Applicant Owner Tenant
Prospective Purchaser . xxxx.
I have attached hereto as Exhibit "A" a plat showing the property which is the subject Of
this requested zoning change and have read the following concerning the importance
of my Submitting to the City a sufficient legal description.
Signed £'��
Page 2 of 2
Note:
1
The legal description is used to publish notice of .the required hearing and in the
preparation of the final ordinance granting the zoning change. The description must be
sufficient so as to allow a qualified surveyor to take the description and locate and mark
off the tract on the ground. Each applicant should protect himself by having a Surveyor
or his attorney approve his legal description. Failure to do so by the applicant may result
In delay In passage of the final ordinance or the ordinance being declared invalid at
some later date because of an Insufficient legal description.
2
If the applicant is someone other than the owner, written acknowledgement by the
owner of the zoning request must also be submitted.
PROPERTY DESCRIPTION
Being a tract of land situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas,
and being all of the same tract of land conveyed to Raymond B. Cooper by deed recorded in Volume 1739, Page
223, Deed Records, Collin County, Texas, and being all of the same tract of land conveyed to Raymond B. Cooper
by deed recorded in Volume 1901, Page 540, Deed Records, Collin County, Texas, and being a portion of a 1.483
acre tract of land conveyed to Raymond B. Cooper by deed recorded in Volume 918, Page 519, Deed Records,
Collin County, Texas, and being a portion of a tract of land conveyed to Raymond B. Cooper by deed recorded
in Volume 868, Page 626, Deed Records, Collin County, Texas, and being all of Lot 13 in Railroad Industrial
Park, an Addition to the City of Wylie, Texas, according to the Map thereof recorded in Volume C, Page 748,
Map Records, Collin County, Texas, and being more particularly described as follows:
Beginning at an 112 inch iron rod set for the intersection of the north right-of-way line of Industrial Court (50'
R.O.W.) and the west right-of-way line of Birmingham Street (40'R.O.W.);
Thence S 79°49'55" W, a distance of 147.69 feet to a 1/2 inch iron rod found for the beginning of a curve to
the left from which the radius point bears S 10°10'05" E, a distance of 158.35 feet;
Thence, along said curve to the left, through a central angle of 23°21'22", an arc length of 64.55 feet to a 112
inch iron rod set for the most easterly corner of Lot 12 in Railroad Industrial Park, an Addition to the City of
Wylie, Texas, according to the Map thereof recorded in Volume C,Page 748,Map Records, Collin County, Texas;
Thence, N 33°31'38" IV, along the northeast line of said Lot 12, a distance of 129.55 feet to a 1/2 inch iron rod
found for the most northerly corner of said Lot 12 in the easterly right-of-way line of the St. Louis Southwestern
Railroad (100'R.O.W.) and in a curve to the left from which the radius point bears N 68°21'11" W, a distance
of 1488.68 feet;
Thence, along said curve to the left and said railroad right-of-way line, through a central angle of 13°13'12",
an arc length of 343.48 feet to a 1/2 inch iron rod set for the northwest corner of aforementioned 1.483 acre
tract;
Thence, N 86°31'25"E, along the north line of said 1.483 acre tract, a distance of 22.19 feet to a 1/2 inch iron
rod set for the northeast corner of said 1.483 acre tract and the northwest corner of the St. Louis Railroad;
Thence, S 03°32'20" E, along the west line of said Railroad Tract, the west line of a tract of land conveyed to
Jesse James by deed recorded in Volume 2557, Page 997, Collin County, Texas, the west line of a tract of land
conveyed to Richard Parker by deed recorded in Volume 3743, Page 169, Deed Records, Collin County, Texas,
and the west line of a tract of land conveyed to Jose Barbosa by deed recorded in Volume 1501, Page 80, Deed
Records, Collin County, Texas, to a 1/2 inch iron rod set for the southwest corner of said Barbosa Tract;
Thence, N 86°12'22"E, along the south line of said Barbosa Tract to a 1/2 inch iron rod set for the southeast
corner of said Barbosa Tract in the west right-of-way line of said Birmingham Street;
Thence, S 11°17'10"E, along said west right-of-way line, a distance of 139.90 feet to the Point of Beginning and
containing 52,271 square feet or 1.200 acres of land.
The Cornerstone Private School
216 N. Rustic Trails
Wylie, Texas 75098
442-6495
April 18 , 1995
Dear Chairman of The Planning and Zoning Committee ,
Fn : .losed is ill`' request for the reolat and the
application of rezoning of named properties .
I feel this location for a new state-of-the-art
Child care facility will greatly benefit the families of
Wylie and surrounding communities specifically in the area of
convenience . The location off of Highway 78 will give
parents greater acce.ssabiiity , visabilty , and consolidation
of The Cornerstone Private Schools not to mention the lastest
technology in the child Care Industry .
Sincerly ,
`7771-%
Melissa Abbott
Director
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II : Cou r 1 .
EigQndal Communkation for Mary Z3, 1995
Consic r fi proval of a P'ralinrinary Plat and ardinann¢ (uthorizing Zone Cho. nge
Issue
Discuss and consider approval for a request from F.M. 3412, Inc. (Jim Meara, Managing
Partner) for a zone change from SF-3 to PD for a tract of land (8.28 acres) south of
Westgate Phase I and north of the Kansas City Southern Railroad, and also described as
Abstract 266, E.C. Davidson Survey, Blocks 10 and 11.
Background
Jim Meara, Managing Partner of F.M. 3412, Inc. wishes to rezone his property to have the
same setback restrictions as were approved in the PD zoned lots D.R. Horton is currently
building on in Westgate Phase I. This will allow D.R. Horton Custom Homes to continue
to build in Wylie.
Board/Commission Recommendations
The Planning and Zoning Commission voted to recommend to the City Council a
request from F.M. 4312, Inc. to rezone this property at the May 15, 1995 Planning &
Zoning Meeting.
Staff Recommendations
City Staff recommends approval
Attachments
Attached are P & Z minutes and packet.
)/4,,,,,,LCV,_ Z67-1-,---(L-
Prepared By i Approved By
MINUTES
The Planning and Zoning Commission met in a Regular Business Meeting on May 15, 1995, at 6:30 p.m. in the
Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A
quorum was present and a notice was posted in the time and manner required by law.
COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord ,Vice-Chairman, Rich Eckman, John
Crowe, Stuart Allison, Steve Ahrens, Cecilia Wood, and Tim Owen.
ABSENT: All present
STAFF MEMBERS PRESENT: Building Inspector, March Coover and Technical Coordinator, Lisa Price
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes from April 17, 1995 Regular Business Meeting. A motion was
made by Rich Eckman and seconded by Stuart Allison to approve the Minutes as submitted. Motion carried, all
in favor (7 votes).
PUBLIC HEARING
ITEM NO. 2: Hold Public Hearing and consider a recommendation to the City Council a request from The
Cornerstone Private School for a zone change of the properties located at the northwest corner of Industrial Court
and Birmingham Street (1.2 acres) from Ito R, and further described as Lot 13 of Railroad Industrial Park and
unplatted acreage in Abstract 820, Tract 32. Melissa Abbott of 400 Dogwood and owner of Cornerstone spoke
in favor of the zone change. This property is centrally located with access to both Highway 78 and F.M. 544.
This will be a facility of the '90's with a learning environment inside and out, with four separate age-appropriate
playgrounds. There is no other daycare like this located in the Wylie area, with this being a state of the art 10,000
square foot, $500,000 building to add to the tax base. Cecilia Wood questioned whether the Industrial zoning
surrounding the property poses any problems, and if not now, what about future industrial growth. Stuart Allison
questioned the capacity(240 students)which would make approximately 120 cars travelling in a highly congested
area in early mornings and late afternoons, with no traffic signals at this intersection, and no plans to widen
Birmingham. John Crowe also expressed concerns over the daycare being located in the middle of an Industrial
area. A motion was made by John Crowe and seconded by Rich Eckman to recommend to City Council for
approval of this zone change request. Motion carried, 5 in favor, 2 against - Cecilia Wood and Stuart Allison.
(7 votes).
ITEM NO.3: Discuss and consider a recommendation to the City Council for approval of a Preliminary Plat
submitted by The Cornerstone Private School for the properties located at the northwest corner of Industrial Court
and Birmingham Street (1.2 acres). Discussion began by Cecilia Wood for rezoning 3 lots to the north of the
daycare location. Bart Peddicord stated he liked to see Wylie moving ahead with this time of school at this
location. Motion made by John Crowe and seconded by Rich Eckman to recommend to City Council for approval
of Preliminary Plat. Motion passed, 5 in favor, 2 against - Cecilia Wood and Stuart Allison. (7 votes).
ITEM NO. 4: Hold Public Hearing and consider a recommendation to the City Council a request from F.M.
3412, Inc. (Jim Meara, Managing Partner) for a zone change from SF-3 to PD for a tract of land (8.28 acres)to
be platted as Westgate Phase II, south of Westgate Phase 1 and north of the Kansas City Southern Railroad, and
further described as: Abstract 266,E.C. Davidson Survey,Blocks 10 and 11. Steve Heniford, Engineer with Rust,
Lichliter/Jameson, representing Jim Meara and F.M. 3412 spoke in favor of this zone change. The Developer's
intent is to develop this area in the same manner as what exists on the west side of Westgate Way. D.R. Horton
will also build homes in this area. Cecilia Wood had a question about the overflow swale in the southeast corner
of the property. Mr. Heniford explained that when the new road way is constructed there will be a sag in the turn
in the street where all the drainage that bypasses the inlets in the existing storm sewer system collects, and in case
the storm system clogs the water has a way to get out of the street and pass between the lots without inundating
the homeowners. The plans are for this to be a small shallow grass ditch that runs between the two homes. Steve
Ahrens requests this ditch to be constructed out of concrete to alleviate any possible erosion problems. A person
from the audience asked if these homes would be zero lot line homes, and Building Inspector, March Coover
advised the Board that this PD would have the same setback requirements as the existing PD on the west side.
A motion was made by Stuart Allison and seconded by Steve Ahrens to recommend to the City Council approval
of this zone change. Motion passed with all in favor (7 votes).
ITEM NO. 5: Discuss and consider a recommendation to the City Council for approval of a Preliminary Plat
submitted by F.M. 3412, Inc. for a tract of land (8.28 acres) to be platted as Westgate Phase II, located south of
Westgate Phase 1 and north of the Kansas City Southern Railroad. John Crowe questioned the purpose of going
from a SF-3 zoning to a PD. Inspector March Coover said that the Developer's purpose was to build a bigger
home than the existing SF-3 setbacks currently allowed. The City's most lenient setback on a side yard is only 6
feet. The proposed PD would have a 5 foot side yard setback, 20 foot front setback, and 20 foot rear setback.
This would give the builder greater flexibility. A motion was made by Stuart Allison and seconded by Steve
Ahrens to recommend to the City Council approval of the Preliminary Plat subject to making the overflow swale
between lots 21 and 22 of Block 10 a concrete ditch. Motion passed with all in favor(7 votes).
At this time, Board members had some questions that they wanted to discuss at the next Planning and Zoning
meeting. Some mis-information has been given to people to start out with such, as certain zoning that was needed,
etc. Also to discuss possible re-zoning of 3 lots north of the proposed Cornerstone Private School location.
ADJOURN: A motion was made by Steve Ahrens and seconded by Stuart Allison to adjourn. Motion carried,
all in favor(7 votes). Chairman Peddicord adjourned the meeting.
Respectfully Submitted:
Bart Peddicord, Chairman Lisa Price, Technical Coordinator
�I /3, /9Q ..
P&Z 93-2-Z/FP PUBLIC HEARING, REPLAT, AND ORDINANCE AUTHORIZING
CHANGE IN ZONING FROM MULTI-FAMILY TO PD PLANNED DEVELOPMENT ON A
PORTIO OF WESTGATE PHASE ONE
5 Council considered approval of a request from Jim Meara, FM-3412 Venture, to
replat 76 duplex lots into 48 single family lots and to rezone the lots to planned
development with a single family land use. The lots proposed would comply generally with
SF-3 requirements of the Comprehensive Zoning Ordinance with exception to side and
rear setback requirements and the minimum dwelling size proposed as 1450 square feet.
10
City Manager Steve Norwood addressed written requests of Meara related to the
development as follows:
(1) recommended denial of Meara's request for the City to pave the remainder
15 of Westgate Way but pointed out that the extension could be made a
condition of plat approval
(2) recommended denial of a request for city maintenance of common area
within the subdivision and suggested that a homeowner's association or the
20 developer should maintain the area
(3) recommended approval of a request for permission to install a screening
fence
25 (4) noted that funds were proposed in the 1993-1994 budget to paint the above
ground storage tank located in the vicinity of the subdivision but noted that
Council had not yet approved the proposed budget
(5) recommended that the City provide a reasonable level of assistance in minor
30 relocation of utilities but not assist in major utility relocations
(6) recommended denial of impact fee waiver request
Council discussed requiring 1800 foot minimum dwellings along Westgate Way to provide
35 a buffer for existing homes and the responses to the developer's requests as outlined by
the City Manager. Naish made a motion to approve the replat and Ordinance No. 93-32
adopting PD zoning with a 1450 minimum square foot dwelling requirement. Mondy
seconded the motion. The motion was voted on and passed unanimously.
40 CONTRACT FOR ARCHITECTURAL SERVICES FOR FUTURE CITY SERVICE CENTER
Wright made a motion to table the contract at the recommendation of the City
Manager. Mondy seconded the motion. The motion was voted on and passed
3
THE MEARA COMPANY
8344 E. R.L.THORNTON FRWY.,SUITE 102
DALLAS.TEXAS 75228
1214)319-7066
FAX,'319.7068
May 15, 1995
Planning and Zoning Commission
City of Wylie, TX
Re : WESTGATE PHASE II
Dear Commission Members,
Due to prior business commitments I will be unable to attend
the May 15, 1995 Planning and Zoning Commission Meeting
therefore I wanted to provide you with a brief summary of the
proposed project . Steve Heniford, Engineer, Rust,
Lichliter/Jameson, will be the meeting to answer any
questions .
Westgate II is a proposed thirty six (36) lot residential
development . An April 1995 color aerial with Westgate II
identified as the subject property is attached. On the
attached proposed plat Westgate II is marked in green.
The blue area represents the fifty eight (58) lots that are
currently being built out by D.R. ' Horton Custom Homes in
Westgate Phase I . As of today, D. R. Horton Custom Homes
has purchased forty three (43) lots and has an additional
five (5) lots scheduled to close during May 1995 . Phase I
will be sold out by July 1995 and all the new homes will be
completed by November 1995 . Upon completion of Phase I, D.
R. Horton Custom Homes will have built and sold over- Seven
Million Dollars ($7, 000, 000 . 00) worth of homes in Westgate I,
Wylie, TX since January 1994 .
Westgate II is being developed to provide D. R. Horton Custom
Homes new lots to build on in Wylie, TX. The proposed plat
ask for the same setbacks and restrictions that were approved
for Phase I by the City Council on July 9, 1993 . D. R.
Horton Custom Homes has requested that Westgate II have the
same setbacks as approved for the lots that they are
currently building on in Westgate I . Approval of this zoning
change will allow D. R. Horton Custom Homes to continue to
build in Wylie, TX.
I apologize for being unable to attend the meeting but ask
that this item be approved. Thank you very much for your
time and consideration.
(;:'ncerely,
Jim 1Mea a�
President
NTLIE/MNBTGRT3 P$M* 2
Blocks 10 and 11 of Westgate Phase 2 in the City of Wylie,
Collin County, Texas
Permitted Usep: Single Family Detached Dwellings
e� Regulations: No building shall exceed 30 feet in
. Accessory buildings or uses shall be a maximum of
fifteen feet.
Area Regulations:
Minimum Front Setback 20 feet
Minimum Side Setback 5 feet
Minimum Side Setback Adjacent To Street : 15 feet
*Only Lot Effected Lot 17, Block 11 .
Minimum Rear Setback 20 feet
Minimum Dwelling Sizes 1, 450
Minimum Lot Size 6, 700 eq. ft.
Minimum Lot Width (at building line) 60 feet
Minimum Lot Depth 100 feet
Minimum Masonry Exterior Facade 75*
Minimum Off-Street Parking 2 covered &
enclosed
(c) The above provided uses being generally in
conformance with the standards and regulations
associated with the SF-3 zoning district
classification, except for the variations from such
standard requirements as hetein above set forth.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING
CLASSIFICATION FOR THE PROPERTY DESCRIBED HEREIN IN THE CITY OF
WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED ALONG AND TO THE
EAST OF WESTGATE WAY IN THE AREA OF ITS INTERSECTION WITH
BURCHSHIRE LANE AND SOUTH OF ANDERSONVILLE LANE FROM SINGLE
FAMILY 3 "SF-3" TO PLANNED DEVELOPMENT "PD"; AMENDING THE
COMPREHENSIVE ZONING ORDINANCE, BY AMENDING DISTRICT MAP
(ORDINANCE 91-12, ORDINANCE 91-13), ORDINANCE 84-4, AND REPEALING ALL
CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,the real property hereinafter described was zoned Single Family-Three "SF-3"
by virtue of Ordinance 84-4 adopted on the 16th day of February, 1984; and,
WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of
July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the Single Family -Three zoning of
the subject property, which it now enjoys; and,
WHEREAS, the owner of the property has properly filed a request with the City to change
the zoning classification from Single Family-Three to Planned Development; and,
WHEREAS, the Planning and Zoning Commission, after first having given all requisite
notices, by publication and otherwise, and conducting all requisite hearings thereon, has
recommended to the City Council that the request for change in zoning classification be granted; and,
WHEREAS, the City Council has heretofore conducted a public hearing on the proposed
change and found that it meets one or more of the requirements for amendments as stated in section
35.1 of the Zoning Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
(a) That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of
the Wylie City Code,be, and it hereby is, amended by amending the Zoning District Map, as the same
currently exists, so as to change the zoning classification on the following described property,
described on the attached Exhibit "A", a property proposed to be platted as Westgate Phase II
Subdivision in the City of Wylie, Collin County, Texas
from "SF-3" Single Family to "PD" Planned Development;
(b) The use of all property in such area being limited to and governed by the following
conditions:
Permitted Uses: Single Family Detached Dwellings
Height Regulations: No building shall exceed 30 feet in height. Accessory buildings or uses
shall be a maximum of fifteen feet.
Area Regulations:
Minimum Front Setback 20 feet
Minimum Side Setback 5 feet
Minimum Side Setback Adjacent to Street 15 feet
*Only Lot Affected Lot 17, Block 11
Minimum Rear Setback 20 feet
Minimum Dwelling Size 1,450
Minimum Lot Size 6,700 sq. ft.
Minimum Lot Width (at building line) 60 feet
Minimum Lot Depth 100 feet
Minimum Masonry Exterior Facade 75%
Minimum Off-Street Parking 2 covered and enclosed
(c) The above provided uses being generally in conformance with the standards and
regulations associated with the SF-3 zoning district classification, except for the variations from such
standard requirements as herein above set forth.
SECTION II
That the stated purpose and intent of granting the within specified Planned Development
Designation is to allow development of the lots in a fashion more consistent with and complementary
to the existing neighborhood and surrounding area, by granting a use that is more restrictive than SF-
3 in regard to minimum house size and less restrictive than SF-3 in regard to certain setbacks and area
regulations for yards; as such designation and purpose is found to be not in conflict with the overall
intent of the Zoning Ordinance, and not inconsistent with the planning on which it is based and not
otherwise harmful to the neighborhood.
SECTION III
That the property herein described shall be used only in the manner and for the purposes
authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended.
SECTION IV
Any person violating the provisions of this ordinance, or any part hereof, shall be guilty,
commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the
Zoning Ordinance, as the same now exists or is hereafter amended.
SECTION V
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be
invalid, illegal, or unconstitutional.
SECTION VI
This ordinance shall be in full force and effect from and after its adoption by the City Council
and publication of its caption as the law and the City Charter provide in such cases.
SECTION VII
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in
conflict herewith shall remain in full force and effect.
SECTION VIII
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall
it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at
the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
day of , 1995.
By
James D. Swartz
Mayor
ATTEST
Mary Nichols
City Secretary
Approved
City Attorney
W lie City Council 5
f igenda Communication for May 1995
Consider fiction Related to a Contract for Refuse Collection and Recyclmg
ISSUE
Council is requested to review proposals for the collection of solid waste and recyclable
commodities and to discuss and consider award of a contract for waste collection and
disposal.
BACKGROUND
The City's contract with Browning-Ferris Industries for solid waste collection will expire
as of August 31, 1995. Proposals have been solicited for a new five year contract. In
addition to B.F.I., proposals have been submitted by Community Waste Disposal,
Laidlaw and Waste Management. The RFP invited rate proposals based on the current
level of residential collection service (pick up of regular refuse twice weekly with one
recyclable pick up) and also requested two alternate proposals utilizing polycart
containers (once a week and twice a week) for the automated collection of refuse. With
both alternate proposals, one 95 gallon polycart would be provided for each residential
unit (at no charge to the City or resident). B.F.I. also submitted an unsolicited alternate
proposal which would provide, along with curbside recycling, one polycart for refuse to
be collected once a week, and a second polycart for yard waste, also collected once a
week. Since the yard waste would be diverted to a compost facility, the perceived benefit
of the latter proposal would be a reduction in the amount of waste going to landfills.
The current residential rate charged by B.F.I. is $9.31 per month. The cost to the
residential customer, which includes debt service charges and sales tax, is $11.76. The
proposed rates from B.F.I. for the base service and both of the polycart alternates are
lower than the current rates for twice weekly refuse and one recyclable collection. In
addition to the lower residential rates, the B.F.I. proposal includes a significant reduction
in commercial rates. Provided in the following pages are a tabulation of proposed rates
and a comparison of rates based on the contractors' gross revenues. The projected annual
revenues are based on the current number of residential units and commercial accounts
by type and frequency of collection. Also provided is a summary of cost savings to the
resident for each level of residential collection service and the reduction in cost to
commercial customers as a result of B.F.I.'s proposed commercial rates.
Staff is of the opinion that the alternate proposal designated as option B. is of the greatest overall
benefit to the City and the residential customer. This option affords once a week collection of
regular refuse, using polycart containers, and weekly curbside collection of recyclable
commodities. This level of service offers the greatest cost reduction for the resident, along with
other advantages. The elimination of one regular pick up each week would significantly reduce
the amount of heavy equipment traffic on the City's streets and alleys, thereby reducing
pavement deterioration and maintenance. It is anticipated that once a week collection of refuse
would encourage recycling. Although most residential units are unlikely to generate sufficient
refuse to exceed the 95 gallon capacity of a polycart container, residents who find it necessary
may obtain another cart at an additional discounted rate. Furthermore, state-of-the-art automated
collection by polycart is a neat, sanitary method which eliminates the cost of purchasing plastic
bags and the problems inherent with bags (e.g., breakage and susceptibility to animals).
FINANCIAL CONSIDERATIONS
With any of the proposed options from B.F.I., residential rates will be lower to the City and the
residential customer than current rates. Assuming the level of service in preferred option B., the
annual reduction in sanitation expense in the General Fund would be $73,900.00. The savings
to the residential customer would be $2.08 per month. The reduced commercial rates would
result in savings of $18,000.00 for the business community. The corresponding reduction in
commercial franchise fee revenue of approximately $3,000.00 is not considered material.
RECOMMENDATION
Staff recommendation is for Council to award a five year contract for solid waste collection and
disposal,commencing September 1, 1995,to Browning-Ferris Industries, with the contract award
to be based on the alternate proposal for once a week refuse collection with polycart containers
and once a week curbside recycling.
ATTACHMENTS
Cost Comparison of Current vs Proposed B.F.I. Rates, Comparison of Proposed Rates by Gross
Annual Revenue, Tabulation of Proposed Rates, Survey of Recycling Programs, Memo
Regarding Commercial Collection Data.
061,CsoA
Prepared By Approved By
PROPOSAL FOR SOLID WASTE COLLECTION
RESIDENTIAL MONTHLY BILL
COMPARISON OF PROPOSED RATES
MAY 4, 1995
B.F.I. MONTHLY
CURRENT PROPOSED SAVINGS
MONTHLY MONTHLY vs CURRENT
SERVICE FREQ. &TYPE RATE RATE RATE
A. 2 REG., 1 RECYCLE $11.76 $11.06 $0.70
B. 1 REG. W/POLYCART, N/A $9.68 $2.08
1 RECYCLE
C. 2 REG. W/POLYCART, N/A $11.22 $0.54
1 RECYCLE
D. 1 REG. WIPOLYCART, N/A $11.37 $0.39
1 YARD WASTE W/CART,
1 RECYCLE
NOTES:
1. A MONTHLY SAVINGS OF$2.08 EQUATES TO A TAX RATE DECREASE OF 2.3 CENTS.
2. RATES SHOWN INCLUDE B.F.I., SALES TAX, AND A$1.55 FOR DEBT SERVICE.
PROPOSAL FOR SOLID WASTE COLLECTION
COMMERCIAL COMPARISON
OF PROPOSED RATES
MAY 4, 1995
CURRENT PROPOSED
RATES RATES
COSTS TO BUSINESS:
BINS &HAND COLLECTS $222,357 $204,276
ROLLOFF BUSINESS $71,130 $71,130
TOTAL COSTS $293,487 $275,406
COST SAVINGS $18,100
CITY REVENUE $44,000 $41,300
PROPOSAL FOR SOLID WASTE COLLECTION
COMPARISON OF PROPOSED RATES
BY GROSS ANNUAL REVENUE
Residential Service Current B.F.I. C.W.D. Laidlaw Waste Mgmt.
Frequency & Type Rate Proposal Proposal Proposal Proposal
A. 2 regular, 9.31 8.67 8.49 10.35 9.28
1 recyclable
Annual Revenue 358,062 333,448 326,525 398,061 356,909
B. 1 w/polycart, N/A 7.39 8.99 8.05 8.31
1 recyclable
Annual Revenue N/A 284,219 345,755 309,603 319,603
C. 2 w/polycart, N/A 8.81 10.49 10.42 10.57
1 recyclable
Annual Revenue N/A 338,833 403,445 400,753 406,522
D. 1 reg.w/cart, N/A 8.95 N/A N/A N/A
1 yd.waste w/cart,
1 recyclable*
Annual Revenue N/A 344,217 N/A N/A N/A
Commercial Hand
Collect, 2X Week 15.72 10.00 33.00 33.50 30.00
Commercial Bin Svc.
1X 2 yd bin 62.30 37.00 63.00 72.00 60.98
2X 2 yd bin 101.25 79.00 112.00 116.00 107.10
3X 2 yd bin 140.18 105.00 157.00 161.00 153.72
1X 3 yd bin 68.98 51.00 71.00 79.00 66.78
2X 3 yd bin 111.26 95.00 123.00 128.00 119.70
3X 3 yd bin 152.43 147.00 169.00 175.00 172.62
1X 4 yd bin 84.55 76.00 86.00 97.00 74.34
2X 4 yd bin 124.62 121.00 132.00 143.00 133.56
3X 4 yd bin 173.56 171.00 186.00 200.00 191.52
1X 6 yd bin 95.68 89.00 96.00 110.00 88.20
2X 6 yd bin 159.11 145.00 167.00 183.00 158.76
3X 6 yd bin 225.86 215.00 237.00 260.00 229.32
1X 8 yd bin 119.04 109.00 121.00 137.00 104.58
2X 8 yd bin 189.19 187.00 199.00 218.00 186.48
3X 8 yd bin 244.78 249.00 257.00 282.00 268.38
Total Commercial 222,357 204,276 241,416 266,952 224,304
Combined Total A 580,419 537,724 567,941 665,013 581,213
Combined Total B N/A 488,495 587,171 576,555 543,907
Combined Total C N/A 543,108 644,861 667,705 630,826
*Unsolicited alternate proposal.
PROPOSAL FOR SOLID WASTE COLLECTION
TABULATION OF PROPOSED RATES
Description .,. B F I . C W 1) Laidlaw Waste
of Service: Management
2 regular, 8.67 8.49 10.35 9.28
1 recyclable (11.06)* (10.87)* (12.88)* (11.72)*
1 w/polycart, 7.39 8.99 8.05 8.31
1 recyclable ( 9.68)* (11.41)* (10.39)* (10.67)*
2 w/polycart, 8.81 10.49 10.42 10.57
1 recyclable (11.22)* (13.03)* (12.96)* (13.12)*
Commercial 10.00 33.00 33.50 30.00
Hand Collect
1X 2 yd bin 37.00 63.00 72.00 60.98
2X 2 yd bin 79.00 112.00 116.00 107.10
3X 2 yd bin 105.00 157.00 161.00 153.72
1X 3 yd bin 51.00 71.00 79.00 66.78
2X 3 yd bin 95.00 123.00 128.00 119.70
3X 3 yd bin 147.00 169.00 175.00 172.62
1X 4 yd bin 76.00 86.00 97.00 74.34
2X 4 yd bin 121.00 132.00 143.00 133.56
3X 4 yd bin 171.00 186.00 200.00 191.52
1X 5 yd bin N/A N/A N/A 87.20
2X 5 yd bin N/A N/A N/A 157.76
3X 5 yd bin N/A N/A N/A 228.32
1X 6 yd bin 89.00 96.00 110.00 88.20
2X 6 yd bin 145.00 167.00 183.00 158.76
3X 6 yd bin 215.00 237.00 260.00 229.32
1X 8 yd bin 109.00 121.00 137.00 104.58
2X 8 yd bin 187.00 199.00 218.00 186.48
3X 8 yd bin 249.00 257.00 282.00 268.38
*Parenthetical rates are the amount billed to the residential customer, which includes sales
tax and $1.55 for debt service. The current residential bill is $11.76 per month.
SURVEY OF MUNICIPAL
RECYCLING PROGRAMS
MAY,1995
CITY COST OF RECYCLING REVENUE FROM RECYCLING
Sachse $2.01/mo. None
Rockwall $1.88/mo. None
Balch Springs $1.25/mo. None
Seagoville unknown None
Kaufman unknown None
Murphy unknown None
Rowlett unknown None. City previously
received half of alum-
inum proceeds, but
new contract has no
rebate.
Allen $2.00/mo. 50% of proceeds.
Fluctuates. Can be
as much as $1,400.
Addison $2.09/mo. 50% of proceeds.
Fluctuates $250-600.*
*Recycling coordinator at Addison said they would probably give up the rebate when the
contract is renewed in order to lower the residential rates.
Date: May 10, 1995
To: Brady Snellgrove, Finance Director
From: Jim Holcomb, Purchasing Agent a
Subject: Waste Collection RFP
Per your request, I will attempt to address some apparent misconceptions about the type
of commercial account information that was made available to prospective bidders with
the above referenced RFP. During the solicitation, every detail which was available to
the City regarding the current level of commercial waste collection was provided to all
interested contractors, including the following data.
- The current commercial rates.
- The amount of the franchise fees being collected by the City.
- The total number of commercial bins being provided.
- The average size of commercial bins being provided.
- The typical or most prevalent frequency of bin collection.
- The historical data on commercial accounts previously billed by the City.
I believe that the information provided, along with a reasonable inspection of existing
commercial sites in the City, should enable a professional waste collection contractor to
ascertain the facts necessary to submit a competitive bid. Two of the contractors did
request a detailed breakdown of B.F.I.'s commercial accounts by type, size of bin and
frequency of collection. B.F.I. was understandably reluctant to disseminate that degree
of detail about their commercial accounts because it was proprietary and, typically, their
competitors would not provide them with such information. Subsequent to the receipt and
public opening of all the sealed proposals, I was able to obtain the detailed commercial
breakdown for purposes of evaluation. This commercial collection detail was the basis for
calculating commercial revenues in an objective comparison of all of the contractors'
proposals. All of the proponents for this contract were equally and adequately informed
of the available facts pertinent to the contract and the solicitation was fair and
competitive. Protestations to the contrary are unfounded and either the result of
misinformation or self-interest.
iNylie City Council
LI
09enda.Cominunkatioll for May 23, 1995 It vii
tons der approval of an Ordinance authorizing fimend tints to 1995 Budget
ISSUE
An ordinance of the City of Wylie, amending the budget for Fiscal Year 1995, beginning
October 1, 1994 and ending September 30, 1995; repealing all conflicting ordinances; containing
a severability clause; and providing for an effective date.
BACKGROUND
The City Council was briefed on the proposed budget amendments and the budget reserve
accounts at the May 17, 1995 workshop. The expenditure amendments included market surveys,
transfer from Streets to Building & Fleet, new computers for the Library, and increased funding
for summer help in Parks. Proposed changes in General Fund revenues were also presented to
the City Council at that meeting.
FINANCIAL CONSIDERATIONS
For the General Fund, projected expenditures will increase to $3,913,130 and projected revenues
will increase to $3,932,540. Total revenues will exceed total expenditures by $19,410 and result
in a three percent increase in fund balance. The proposed amendments will have no overall effect
on the Utility Fund. The proposed budget amendments are detailed in Exhibit A of the attached
ordinance.
LEGAL CONSIDERATIONS
None
BOARD/COMMISSION RECOMMENDATION
No formal actions were required from a city board or commission.
STAFF RECOMMENDATION
It is recommended that the City Council approve the amendments as proposed and adopt the
ordinance amending the Fiscal Year 1994-95 Budget.
ATTACHMENTS
Budget ordinance and summary.
6,,,,,,,
C 1
Prepare y Approved by
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE BUDGET FOR
THE FISCAL YEAR 1995 BEGINNING OCTOBER 1, 1994 AND ENDING
SEPTEMBER 30, 1995, BY AMENDING ORDINANCE NO. 94-41, REPEALING ALL
CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City Council has heretofore adopted Ordinance No. 94-41 adopting a Budget
and appropriating resources for Fiscal Year 1995(FY 95), beginning October 1, 1994 and ending
September 30, 1995; and,
WHEREAS, the Staff has presented information to the Council concerning the actual income and
expenses for the first half of FY 95 and made comparisons of such information to the heretofore
budgeted projections; and,
WHEREAS, based upon such review the Staff has recommended to the Council that certain
amendments to the Budget, as hereinafter set forth, be made to facilitate operation and administration
of the operations of the City for the balance of FY 95; and,
WHEREAS, the Council has the authority to make amendments to the City Budget under Article
VII, Section 4 of the City Charter, as well as State law; and,
WHEREAS, the Council has determined that the proposed amendments to the FY 95 Budget,
with the revenues and expenditures therein contained, is in the best interest of the City and therefore
desires to adopt the same by formal actions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
The proposed amendments to the FY 95 Budget of the City of Wylie, as heretofore adopted by
Ordinance No. 94-41, as summarized in Exhibit A which is attached hereto and fully incorporated
herein by reference, be, and the same hereby are, completely adopted and approved as amendments
to the said FY 95 Budget.
1
SECTION II
All portions of the existing FY 95 Budget and Ordinance 94-41, except as specifically herein
amended shall remain in full force and effect, and not be otherwise effected by the adoption of this
amendatory ordinance.
SECTION III
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be
invalid, illegal, or unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from and after its adoption by the City Council
and publication of its caption as the law and the City Charter provide in such cases.
SECTION V
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in
conflict herewith shall remain in full force and effect.
SECTION VI
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be
construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it
have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at
the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 23rd
day of May, 1995.
By
Jim Swartz
Mayor
ATTEST:
Mary Nichols
City Secretary
2
PROPOSED BUDGET AMENDMENTS Exhibit A
FOR FISCAL YEAR 1994/95
May 16, 1995
DEPT PERSONAL CONTRACT LEASE/ CAPITAL
# DESCRIPTION TOTALS SERVICES SUPPLIES MAINT. SERVICES USER FEES OUTLAY
GENERAL FUND EXPENDITURES
Various Market Survey $10,250 $10,250 $0 $0 $0 $0 $0
181 Comb.Services Market Survey (10,250) (10,250) 0 0 0 0 0
132 Bldg&Fleet Transfer from 411 15,600 0 0 7,400 8,200 0 0
411 Streets Transfer to 132 (15,600) (15,600) 0 0 0 0 0
551 Library Library Computers 5,400 0 0 500 0 0 4,900
511 Parks Summer Workers 4,500 4,500 0 0 0 0 0
Total G/F $9,900 ($11.100) $0 $7,900 $8,200 $0 $4,900
UTLITY FUND EXPENSES
Various Market Survey $1,750 $1,750 $0 $0 $0 $0 $0
719 Comb. Services Market Survey (1,750) (1,750) 0 0 0 0 0
Total U/F $0 $0 $0 $0 $0 $0 $0
REVENUE
ORIGINAL REVISED INCREASE
GENERAL FUND RECAP BUDGET ESTIMATE (DECREASE)
REVENUES:
Sales Tax $541,000 $496,000 ($45,000)
Property Taxes 1,660,410 1,675,000 14,590
Franchise Taxes 527,000 537,520 10,520
Sanitation Fees 385,000 395,000 10,000
Library Grant 0 4,000 4,000
Interest Income 30,000 35,000 5,000
Workers Comp 0 10,200 10,200
Court Fees 160,000 180,000 20,000
$3,303,410 $3,332,720 $29,310
Increase in G/F Fund Revenues $29,310
Less Increase in Expenditures (9,900)
Net Increase in Revenues Over
Expenditures $19,410
wyliecity. ..coanth
agenda Communication for may 23, 1995
mil-.cOnSider flpproval of n R2solution (Idopting Investment Policy
ISSUE
A resolution of the City of Wylie, adopting an INVESTMENT POLICY as required by the
GOVERNMENT CODE Title 10, SUBCHAPTER B. INVESTMENT OF LOCAL FUNDS,
paragraphs 2256.051 through paragraph 2256.057.
BACKGROUND
This is the City's first written Investment Policy and seeks to comply with State requirements
while recognizing that some of the investment types authorized by law would not be appropriate
for us at this time. The City needs to adopt an Investment Policy prior to the receipt of the
$4,300,000 in new bond funds in late May. This policy would establish objectives, authority,
standard of care, authorized investments, and other guidelines necessary to manage this increase
in the City's investment portfolio.
FINANCIAL CONSIDERATIONS
None
LEGAL CONSIDERATIONS
None
BOARD/COMMISSION RECOMMENDATION
No formal actions were required from a city board or commission.
STAFF RECOMMENDATION
The staff recommends that the City Council approve the Resolution for a City Investment Policy.
ATTACHMENTS
Resolution, Investment Policy, and copies of State Law.
PreP a b Approved by
Y
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, PROVIDING FOR SCOPE OF THIS POLICY, PROVIDING FOR
INVESTMENT OBJECTIVES, PROVIDING FOR DELEGATION OF
AUTHORITY, PROVIDING FOR STANDARD OF CARE, PROVIDING FOR
AUTHORIZED INVESTMENTS, PROVIDING FOR OTHER INVESTMENT
GUIDELINES, PROVIDING FOR PORTFOLIO MATURITIES, PROVIDING
FOR INVESTMENT LIMITS, PROVIDING FOR SELECTION OF
BROKER/DEALERS, PROVIDING FOR SELECTION OF DEPOSITORIES,
PROVIDING FOR SAFEKEEPING AND CUSTODY, PROVIDING FOR
RECORD KEEPING AND REPORTING, PROVIDING FOR ETHICS AND
CONFLICTS OF INTEREST, PROVIDING FOR POLICY REVISIONS; AND
MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT.
WHEREAS, the City of Wylie acknowledges the high priority of providing the necessary
guardianship of public funds in the municipal sector; and,
WHEREAS, the City Council expressly intends to set high fiscal standards, delegate
treasury and investment duties to appropriate officials, and to review the actual performance at
regular intervals; and,
WHEREAS, the City Council hereby intends to implement investment requirements set
forth in Texas government Code, Chapter 2256, Public Funds Investment, Subchapter A - Public
Funds Investment Act and Subchapter B - Investment of Public Funds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1.
See Exhibit A - Investment Policy
SECTION 2. This Resolution shall be in full force and effect immediately upon its
passage and approval.
PASSED AND APPROVED, this the 23rd day of May, 1995.
Jim Swartz, Mayor
ATTEST:
Mary Nichols, City Secretary
EXHIBIT A
City of Wylie, Texas
INVESTMENT
POLICY
May 1995
EXHIBIT A
CITY OF WYLIE, TEXAS
INVESTMENT POLICY
Table of Contents
SCOPE 1
OBJECTIVES 2
Safety 2
Liquidity 2
Diversification 2
Yield 2
DELEGATION OF AUTHORITY 3
STANDARD OF CARE 4
AUTHORIZED SECURITIES INVESTMENTS 4
Direct Obligations of the United States Government 5
Debentures or Discount Notes 5
Bonds or Other Interest Bearing Obligations 5
Time Certificates of Deposit 5
Repurchase Agreements 5
Money Market Funds 6
State or Local Investment Pools 6
Common Trust Funds 7
OTHER INVESTMENT GUIDELINES 7
PORTFOLIO MATURITIES 8
INVESTMENT LIMITS 8
SELECTION OF BROKER/DEALERS 9
SELECTION OF DEPOSITORIES 10
SAFEKEEPING AND CUSTODY 11
RECORD KEEPING AND REPORTING 12
ETHICS AND CONFLICTS OF INTEREST 14
POLICY REVISIONS 14
EXHIBIT A
CITY OF WYLIE, TEXAS
INVESTMENT POLICY
I.
SCOPE
Chapter 2256 of Title 10 of the Local Government Code (herein after
• referred to as the "Public Funds Investment Act") prescribes that each city
is to adopt rules governing its investment practices and to define the
authority of the investment officer. The following Investment Policy
addresses the methods, procedures, and practices which must be exercised
to ensure effective and judicious fiscal management of the City's funds.
This Policy shall not apply to the selection, retention or other issues
concerning the depositories of the City's funds in demand and time deposits
as provided under Chapter 105 of the Local Government Code.
This Policy shall apply to the investment and management of all
funds of the City under its control, other than those expressly excluded
herein or by applicable law or valid agreement. This Policy shall not
supersede the restrictions on investment and use applicable to any specific
fund and, in the event of any conflict between this Policy and the
requirements of any fund subject hereto, the specific requirement applicable
to such fund shall be followed as well as all other provisions of this Policy
other than those in conflict. The Employees Deferred Compensation
Agency Fund is excluded from coverage under this Policy.
In order to make effective use of the City's resources, all monies shall
be pooled into one investment bank account, except for those monies
required to be accounted for in other bank accounts as stipulated by
applicable laws, bond covenants or contracts. The income derived from this
pooled investment account shall be distributed in accordance with the City's
internal procedures.
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 1
EXHIBIT A
II.
OBJECTIVES
The City's principal investment objectives in order of priority are
listed below.
Safety
The primary objective of the City's investment activity is the
preservation of capital in the overall portfolio. Each investment transaction
shall seek first to ensure that capital losses are avoided, whether the loss
occurs from the default of a security or from erosion of market value.
Liquidity
The City's investment portfolio will remain sufficiently liquid to
enable the City to meet operating requirements that might be reasonably
anticipated. Liquidity shall be achieved by matching investment maturities
with forecasted cash flow requirements, by investing in securities with
active secondary markets, and by using state or local investment pools.
Diversification
The governing body recognizes that in a diversified portfolio,
occasional measured losses due to market volatility are inevitable, and must
be considered within the context of the overall portfolio's return, provided
that adequate diversification has been implemented. Therefore, assets held
in the common investment portfolio shall be diversified to eliminate the risk
of loss resulting from one concentration of assets in a specific maturity, a
specific issuer or a specific class of securities.
Yield
Attainment of a market rate of return equal to or higher than the
performance measure established from time to time by the Finance Director
of the City. Efforts to seek returns higher than the above goal must be
consistent with risk limitations identified in this policy and prudent
investment principles.
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 2
EXHIBIT A
III.
DELEGATION OF AUTHORITY
Management responsibility for the investment program is delegated
by the City Council to the Finance Director (hereinafter referred to as the
"Director"). The Director's authority will at all times be limited by
conformance with all Federal regulations, State of Texas statutes and other
legal requirements including the City Charter and City Ordinances,
including this Policy.
The Director shall develop and maintain written administrative
procedures for the operation of the investment program consistent with this
Policy. The controls shall be designed to prevent, identify and control
losses of public funds arising from deviation from this Policy, fraud,
employee error, misrepresentation by third parties, or imprudent actions by
employees and officers of the City.
With written approval from the City Manager, the Director may
delegate any phase of the investment management program to members of
the City staff. Such approval shall state specifically the functions such
person is authorized to perform or that the person is authorized to perform
all activities of the Director under this Policy. The Director shall obtain and
maintain, at the City's expense, fidelity bonds for himself and each of his
designees in amounts determined adequate by the Director (which shall not
be less than five percent of the amounts subject to this Policy) for each
fiscal year as shown by the approved budget. No person may engage in an
investment transaction except as provided under the terms of this Policy and
the internal procedures established by the Director. A current list of persons
authorized to transact investment business and wire funds on behalf of the
City shall be maintained by the Director.
In the discretion of either the City Manager or the Director and in
any event upon the termination or reassignment of any member of the
Director's staff authorized to conduct transactions for the City pursuant to
this Policy, the authority of such person shall be revoked and such
revocation of authority shall be immediately communicated by the Director
orally and in writing to each and every depository, broker/dealer, investment
advisor, custodian and other agency or entity with whom the City has any
existing or continuing relationship in the management of its investments.
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 3
EXHIBIT A
IV.
STANDARD OF CARE
The standard of prudence to be used for managing the City's assets
is the "prudent person" rule, which states, "Investments shall be made with
judgment and care, under prevailing circumstances, that a person of
prudence, discretion and intelligence would exercise in the management of
the person's own affairs, not for speculation, but for investment, considering
the probable safety of capital and the probable income to be derived."
In determining whether an investment officer has exercised prudence
with respect to an investment decision, the determination shall be made
taking into consideration the investment of all funds, or funds under the
entity's control, over which the officer had responsibility rather than a
consideration as to the prudence of a single investment; and whether the
investment decision was consistent with the written investment policy of the
entity.
The Director and authorized investment personnel acting in
accordance with written procedures and exercising due diligence shall be
relieved of personal responsibility for an individual security's credit risk or
market price changes, provided that this Policy and the Director's procedures
were followed.
The Director and his staff shall recognize that the investment
activities of the City are a matter of public record. Therefore, all
participants in the investment process shall seek to act responsibly as
custodians of the public trust. Investment officials shall avoid any
transactions that might impair public confidence in the City's ability to
govern effectively.
V.
•
AUTHORIZED SECURITIES INVESTMENTS
Subject to any limitations otherwise imposed by applicable law,
regulations, bond indentures or other agreements, (including but not limited
to the Public Funds Investment Act) the following securities and deposits
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 4
EXHIBIT A
are the only ones permitted as investments for the City's funds:
a. Direct obligations of the United States government with a
maturity not to exceed two years from the date of purchase; U.S.
Treasury Bills, U.S. Treasury Notes, U.S. Treasury Bonds, and U.S.
Treasury Strips (book entry U.S. Treasury securities whose coupon
has been removed).
b. Debentures or discount notes with a maturity not to exceed
two years from the date of purchase issued by, guaranteed by, or for
which the credit of any of the following Federal Agencies and
Instrumentalities is pledged for payment: Federal National Mortgage
Association (FNMA), Federal Home Loan Bank (FHLB), Federal
Farm Credit Bank (FFCB), Student Loan Marketing Association
(SLMA), and Federal Home Loan Mortgage Corporation (FHLMC).
c. Bonds or other interest bearing obligations of which the
principal and interest are guaranteed by the full faith and credit of
the United States government with a stated maturity not to exceed
two years from the date of purchase. A security's "average life" does
not constitute a stated maturity.
d. Time Certificates of Deposit insured by the Federal Deposit
Insurance Corporation (FDIC) in state or national banks or state or
federally chartered savings and loan associations located within the
State of Texas which have been approved by the City in accordance
with Section X of this Investment Policy. Any deposits exceeding
FDIC insurance limits shall be fully collateralized by securities listed
in items a and b above, and the collateral shall be held by the City's
third party custodian bank.
e. Repurchase Agreements with a defined termination date of 90
days or less on U.S. Treasury and Federal Agency securities listed in
items a and c above, collateralized at a minimum market value of
102 percent of the dollar value of the transaction, with the accrued
interest accumulated on the collateral included in the calculation.
Repurchase Agreements shall be entered into only with dealers
who: 1) are recognized as primary reporting dealers with the Market
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 5
EXHIBIT A
Reports Division of the Federal Reserve Board of New York;sand 2)
have an executed, City approved Master Repurchase Agreement.
Collateral (purchased securities) shall be held by the City's custodian
bank as safekeeping agent, and the market value of the collateral
securities shall be marked-to-the-market daily based on the bid price
for the previous day as reported in the Wall Street Journal.
For the purpose of item e of this section the term "collateral"
shall mean "purchased securities" under the terms of the City
approved Master Repurchase Agreement. Collateral bearing no
coupon will have a maturity not to exceed five years. All other
eligible collateral shall have a maturity limit of ten years.
f. Money Market Funds meeting each of the following criteria:
(1) Registered with the Securities and Exchange Commission;
(2) no commission fee shall be charged on purchases or sales of
shares;
(3) have an objective of maintaining a constant daily net asset
value of $1.00 per share;
(4) limit assets of the fund to those securities listed in
paragraphs a, b, c, and e above; and
(5) have a maximum stated maturity of 13 months and dollar
weighted average portfolio maturity of not more than 120 days.
A list of City approved Money Market Funds shall be kept by the
Director.
g. State or local investment pools organized under the Interlocal
Cooperation Act that have been specifically approved by the Director
and meet each of the following criteria:
(1) no commission fee shall be charged on purchases or sales of
shares;
(2) have an objective of maintaining a constant daily net asset
value of$1.00 per share;
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 6
EXHIBIT A
(3) The weighted average maturity of the portfolio will not
exceed 180 days and no investment will have a stated remaining
maturity of greater than three years;
(4) limit assets of the fund to those securities listed in
paragraphs a, b, c, d, and e above plus U. S. Government
Agencies or Instrumentalities. A list of City approved investment
pools shall be kept by the Director.
In addition to all of the investments listed above, all proceeds from
the sale of bonds and reserves and funds maintained for debt service
purposes may be invested in common trust funds owned or administered by
banks domiciled in Texas if the common trust fund meets all of the
following requirements:
1. all of the assets of such fund consist of an appropriate
combination of the securities listed above;
2. comply with the provisions of the Internal Revenue Code of 1986
and applicable federal regulations governing the investment of
bond proceeds;
3. meet the cash flow requirements and investment needs of the
City; and
4. is owned or administered by a bank approved by the City
pursuant to Section X of this Policy.
VI.
OTHER INVESTMENT GUIDELINES
The City seeks active management of its portfolio assets. In the
effort of meeting the objectives of this Policy, the City may from time to
time sell securities that it owns in order to better position its portfolio assets.
Sales of securities prior to maturity shall be documented and approved by
the Director before such a transaction is consummated. Sales of securities
yielding net proceeds less than 98 percent of the book value of the securities
must be approved in advance and in writing by the City Manager.
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 7
EXHIBIT A
Each investment transaction must be based upon competitive
quotations received from at least three broker/dealers who have been
approved by the City in accordance with Texas law.
The purchase and sale of all securities shall be on a delivery versus
payment or payment versus delivery basis (i.e., for securities purchases,
monies will not be released by the City's safekeeping bank until securities
are received at the Federal Reserve Bank for further credit to the City's
safekeeping bank. In the case of securities sales, monies will be received
by the City's safekeeping bank via the Federal Reserve Bank as the
securities are simultaneously released to the purchaser). In this manner the
City will always have possession of either its securities or its monies.
VII.
PORTFOLIO MATURITIES
Maturities shall be selected which provide for both stability of
income and reasonable liquidity.
At all times the City shall maintain 10 percent of its total investment
portfolio in instruments maturing in 90 days or less. The weighted average
maturity of all securities and certificates of deposit in the City's total
investment portfolio at any given time (not including cash or demand
deposits) shall not exceed one and one-half years.
VIII.
INVESTMENT LIMITS
It is the policy of the City to avoid concentration of assets in a
specific maturity, a specific issue, or a specific class of securities, with the
exception of U.S. Treasury issues listed in Section V(a). The asset
allocation in the portfolio should, however, be flexible depending upon the
outlook for the economy and the securities markets.
The City will not exceed the following maximum limits as a
percentage of the total portfolio for each of the categories listed below:
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 8
EXHIBIT A
20 percent in Money Market Funds
30 percent in Certificates of Deposit
60 percent in State and Local Government
Investment Pools
30 percent in Instrumentality securities
described in Section V(b)
In addition to the limitations set forth above, the City's investment in
any single money market fund shall never exceed 10 percent of the total
assets of the money market fund.
The Director shall evaluate how each security purchased fits into the
City's overall investment strategy.
The amount of investments in U.S. Treasury and Agency Securities
and Repurchase Agreements backed by those securities, as defined in
Sections V(a), V(c) and V(e), shall at no time be less than 30 percent of the
total portfolio. There shall be no maximum limits on these investments.
IX.
SELECTION OF BROKER/DEALERS
The City shall maintain a list of broker/dealers and financial
institutions which have been approved for investment purposes. Securities
may only be purchased from those authorized institutions and firms. To be
eligible, a broker/dealer must meet at least one of the following criteria: 1)
be recognized as a Primary Dealer as defined by the New York Federal
Reserve Market Reports Division; or 2) report voluntarily to the Market
Reports Division of the Federal Reserve Bank of New York.
Broker/dealers and other financial institutions will be selected by the
Director on the basis of their financial stability, expertise in cash
management and their ability to service the City's account. Each
broker/dealer, bank, or savings and loan that has been authorized by the
City shall be required to submit and annually update a Broker/Dealer
Information Request form which includes the firm's most recent financial
statements. The Director shall maintain a file which includes the most
recent Broker/Dealer information Request forms submitted by each firm
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 9
EXHIBIT A
approved for investment purposes. A copy of the submitted Broker/Dealer
Information Request forms as well as a list of those broker/dealers approved
by the City shall be maintained by the Director.
The Director shall review the quality of service and financial stability
of each broker/dealer and financial institution approved under this Section
at least annually. Any approved broker/dealer or financial institution may
be removed from the list of approved broker/dealers with the approval of
the Director, if in the opinion of the Director, the firm has not performed
adequately or its financial position is considered inadequate.
X.
SELECTION OF DEPOSITORIES
The City shall maintain a list of authorized banks and savings and
loans which are approved to provide Certificates of Deposit. To be eligible
for authorization, a bank or savings and loan must be members of the FDIC
and meet the minimum credit criteria (described below) of a credit analysis
provided by a commercially available bank rating service such as Prudent
Man Analysis, Inc., or Sheshunoff Public Finance Bank Rating Service.
Banks or savings and loans failing to meet the minimum criteria or, in the
judgement of the Director, no longer offer adequate safety for the City will
be removed from the list.
Bank rating guidelines will be calculated using publicly available
information obtained from the Federal Reserve, the Comptroller of the
Currency, or the banking institution itself. Data obtained from bank rating
services will include factors covering the following: overall rating,
liquidity policy, credit risk policy, interest rate policy, profitability and
capital policy. Financial institutions selected to issue certificates of deposit
to the City in excess of $100,000 or that are selected as Safekeeping or
Custodial agents for the City shall meet the following criteria: 1) have a
Sheshunoff Public Finance Peer Group Rating of thirty or better on a scale
of zero to one hundred with one hundred being the highest rating at the time
of selection or 2) have a Prudent Man Express Analysis overall rating of
three or better on a scale of one to five with one being the highest quality
for the most recent reporting quarter before the time of selection, and 3)
qualify as a depository of public funds in the State of Texas.
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 10
EXHIBIT A
The Director shall maintain a file of the credit rating analysis reports
performed for each approved firm.
In addition to the foregoing requirements, with respect to bond
proceeds and reserves or other funds maintained for debt service purposes,
a depository of such funds must be selected by competitive bidding by two
banks located within the boundaries of the City or if there are not two banks
available within the City's boundaries that are willing and able to accept
such deposits, then at least three bids must be obtained from banks situated
in Collin County that are willing and able to accept such deposits.
XI.
SAFEKEEPING AND CUSTODY
Investment securities purchased for the City will be delivered by
either book entry or physical delivery and shall be held in third-party
safekeeping by a Federal Reserve Member financial institution designated
as the City's safekeeping and custodian bank. The City may designate more
than one custodian bank, but the safekeeping banks shall not be a depository
bank. The City shall execute a Safekeeping Agreement with each bank
prior to utilizing the custodian's safekeeping services. Only a state or
national bank located within the State of Texas may be utilized as a
custodian• of securities pledged to secure certificates of deposit. The
safekeeping agreement must provide that the safekeeping bank will
immediately record and promptly issue and deliver a signed safekeeping
receipt showing the receipt and the identification of the security, as well as
the City's interest.
The Director shall maintain a list of designated custodian banks and
a copy of the Safekeeping Agreement executed with each custodian bank.
The City must approve release of securities in writing prior to their
removal from the custodial account. A telephone facsimile of a written
authorization shall be sufficient if the custodian orally confirms receipt of
the transmission and an exact copy of the document is retained in the City's
files. In no event shall the custodial bank be an authorized depository bank,
issuer of repurchase agreements in which the City invests or broker/dealer
of securities on behalf of the City.
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 11
EXHIBIT A
All securities shall be confirmed in the name of the City and
delivered to an approved custodial bank or carried at a Federal Reserve
Bank in the name of the City. The Custodian shall not otherwise deposit
purchased or pledged securities. All book entry securities owned by the
City shall be evidenced by a safekeeping receipt issued to the City and
signed by the appropriate officer at the custodian bank stating that the
securities are held in the Federal Reserve system in a CUSTOMER
ACCOUNT naming the City as the "customer." In addition, the custodian
bank will, when requested, furnish a copy of the delivery advice received
by the custodian bank from the Federal Reserve Bank.
All certificated securities (those transferred by physical delivery)
shall: 1) be held by an approved custodian bank or any correspondent bank
in New York City approved by the Director; and 2) the correspondent bank
or the City's safekeeping bank shall issue a safekeeping receipt to the City
evidencing that the securities are held by the correspondent bank for the
City.
The original safekeeping receipt for each transaction including
purchased securities under a repurchase agreement and collateral securing
deposits will be forwarded to the Director or his designee and held in a
secured file by the City.
XII.
RECORD KEEPING AND REPORTING
A record shall be maintained of all bids and offerings for securities
transactions in order to ensure that the City receives competitive pricing.
All transactions shall be documented by the person authorizing the
transaction in a form that shows that person's name, the party instructed to
execute the transaction, the date, a description of the transaction and a brief
statement of the reason(s) for the transaction.
Each depository of the City's funds shall maintain separate, accurate
and complete records relating to all deposits of the City's funds, the
securities pledged to secure such deposits and all transactions relating to the
pledged securities. Each approved custodian shall maintain separate,
accurate and complete records relating to all securities received on behalf
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 12
EXHIBIT A
of the City, whether pledged, purchased or subject to repurchase agreement,
as well as all transactions related to such securities. In addition, each
depository shall file all reports required by the Texas State Depository
Board. Each depository and custodian shall agree to make all the records
described in this paragraph available to the Director's designee and the
City's auditors at any reasonable time.
At least once each quarter, the Director shall verify that all securities
purchased by or pledged to the City are on hand in appropriate form. At
least annually the City's investment program, including the records of
custodians and depositories, shall be audited by independent certified public
accountants selected by the City Council.
All broker/dealers, custodians, depositories and investment advisors
shall maintain complete records of all transactions that they conducted on
behalf of the City and shall make those records available for inspection by
the Director or other representatives designated by the City Council or City
Manager.
All sales of securities for less than the book value of the security
shall be approved by the Director and reported to the City Council at the
next regular meeting. Sales of securities for less than 98 percent of the
book value of the securities must be approved by both the City Manager
and the Director.
An investment report shall be prepared by the Director on a quarterly
basis listing all of the investments held by the City, the current market
valuation of the investments and transaction summaries, including a detailed
list of the gains and losses recognized. The report shall explain the total
investment return during the previous quarter and compare the portfolio's
performance to other benchmarks of performance.
Within 60 days after the end of the City's fiscal year, the Director
shall prepare, sign and deliver to the City Manager and the City Council an
annual report on the City's investment program and investment activity
which has also been signed by each officer and employee of the City
authorized to conduct any of the City's investment activity. The annual
report shall include full year and separate monthly comparisons of
investment return. Such annual report shall include an analysis of the
compliance with this Policy as well as changes in the applicable laws and
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 13
EXHIBIT A
regulations during the previous year and may include any other items of
significance related to the investment program.
XIII.
ETHICS AND CONFLICTS OF INTEREST
Officers and employees of the City involved in the investment
process shall refrain from personal business activity that involves any of the
City's approved custodians, depositories, broker/dealers or investment
advisors and shall refrain from investing in any security issue held by the
City. Employees and officers shall not utilize investment advice concerning
specific securities or classes of securities obtained in the transaction of the
City's business for personal investment decisions, shall in all respects
subordinate their personal investment transactions to those of the City,
particularly with regard to the timing of purchases and sales and shall keep
all investment advice obtained on behalf of the City and all transactions
contemplated and completed by the City confidential, except when
disclosure is required by law.
XIV.
POLICY REVISIONS
This Investment Policy will be reviewed at least annually by the
Director and may be amended as conditions warrant by the City Council.
City of Wylie Investment Policy
(As Revised May 17, 1995) Page 14
' ', I i 1
E G VE : j
T CODE 1 GENE RAL O RNMENT § 2256.052
Title 10 Ch. 2256 1
pality or i § 2256.016. Subchapter Not Applicable to Retirement Systems
pality or This subchapter does not apply to a public retirement system as defined by ii
for the' i Section 802.001.
case, the Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
)l district ., i
in which Historical and Statutory Notes
an three
Prior Laws:
nd in the 1 Acts 1987, 70th Leg., ch. 889. , '
icitations I Vernon's Ann.Civ.St. art. 842a-2, § 6. : i
id in the l
and, as I
[Sections 2256.017 to 2256.050 reserved for expansion]
half of a 1
', county, SUBCHAPTER B. INVESTMENT OF LOCAL FUNDS
1.
§ 2256.051. Definitions '
In this subchapter:
• (1) "Investment pool" means an entitycreated under Chapter 791 to invest `+.
?, § 3(a) to -':. P p ;:
public funds of two or more local governments.
' (2) "Local funds" means public funds in the custody of a state agency or
political subdivision that: ' 1!
(A) are not required bylaw to be deposited in the state treasury;
bank that q P and
2256.012 (B) the agency or subdivision has authority to invest. ` 1
o bid for : (3) "Political subdivision" means a county, municipality, or special pur- a
pose district. F ;
(4) "State agency" means an office, department, commission, board, other r ``it
agency, institution of higher education, or river authority that is part of any 1'1 a
branch of state government. i,
0;
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. ; 'r}
7 '`1
Historical and Statutory Notes ;
Prior Laws: ;
Acts 1979, 66th Leg., p. 2071, ch. 810. 1py.:; l;
ii Vernon's Ann.Civ.St. art. 4413(34c), § 1. ‘, ;i' �:
;ranted by „
0 a
§ 2256.052. Rules Governing Investment ii ; .
Each state agency or political subdivision shall adopt rules governing the (
.`i* investment of its local funds, including rules specifying the scope of authority of [' `'
officers and employees designated to invest local funds. _ r. f
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. ,,
;r 309
1/4
i f._
GENERAL GO"
§ 2256.052 GOVERNMENT CODE Ch. 2256
Title 10 t'.:
Historical and Statutory Notes Prior Laws:
Prior Laws: Acts 1989, 71st Leg., ch. 693, § 2. Acts 1979, 66th L
Acts 1979, 66th Leg., p. 2071, ch. 810. Vernon's Ann.Civ.St. art. 4413(34c), § 2(a). Vernon's Ann.Cil
§. 2256.053. Investment Rate of Return § 2256.056.
A state agency, political subdivision, or investment pool shall invest its local A political su:
• funds in investments that: authority to holc
(1) yield the highest possible rate of return; funds.
(2) protect the principal; and Added by Acts 19-
(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:
f Acts 1979, 66th L.
1
Historical and Statutory Notes
Prior Laws: Acts1989, 71st Leg., ch. 693, § 2.
6 § 2256.057.
Acts 1979, 66th Leg., p. 2071, ch. 810. Vernon's Ann.Civ.St. art. 4413(34c), § 6(a). ;
(a) At least a:
subdivision shalt
§ 2256.054. Designation of Investment Officer funds investmen
(a) Each state agency or political subdivision shall designate, by rule, order, (b) The report
ordinance, or resolution, one or more officers or employees of the agency, (1) describe
subdivision, or investment pool to be responsible for the investment of its local on the date
funds.
(b) Subsection (a) does not apply if an officer of the agency or subdivision is (2) be preps
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 signe
Government Code, is ineligible to be designated as an investment officer under (c) The report
Subsection (a). tive officer of tht
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. Added by Acts 199
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 1979, 66th Le
Acts 1989, 71st Leg., ch. 693, §§ 2, 3. Vernon's Ann.Civ.:
§ 2256.055. Express Authority Required § 2256.058. i
A person may not deposit, withdraw, invest, transfer, or manage in any other Notwithstandir
manner local funds of a state agency or political subdivision without express if authorized by 1
,written authority of the governing body or chief executive officer of the agency on request of the
or subdivision
Added by Acts 199
i Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
¢t
310
GENERAL GOVERNMENT § 2256.058 ,;r1 1
Ch. 2256 i
Historical and Statutory Notes +{
• Prior Laws: ti i
Acts 1979, 66th Leg., p. 2071, ch. 810. 9
Vernon's Ann.Civ.St. art. 4413(34c), § 3(b). ! ;i 1
§ 2256.056. Legal Title in Investment Pool i'
,
- A political subdivision by contract may delegate to an investment pool the 1
authority to hold legal title as custodian of investments purchased with its local
funds. s
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
3
Historical and Statutory Notes ;
Prior Laws: Acts 1989, 71st Leg., ch. 693, § 2.
Acts 1979, 66th Leg., p. 2071, ch. 810. Vernon's Ann.Civ.St. art. 4413(34c), § 6(b). i
f
.r_
§ 2256.057. Internal Management Reports 1
(a) At least annually, the investment officer of a state agency or political ' 1 ' >.
subdivision shall prepare a written report of the agency's or subdivision's local
funds investment transactions for the preceding year. !i I. ;
s
(b) The report must: ' i
E •
'' (1) describe in detail the investment position of the agency or subdivision
d 1on the date of the report; •
(2) be prepared jointly by all investment officers of the agency or subdivi- 1 ; 1
s sion; and
x ': i
(3) be signed by each investment officer of the agency or subdivision. i
°
;r (c) The report shall be delivered to the governing body and the chief execu-
'
tive officer of the agency or subdivision.
, •
.
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
ill
Historical and Statutory Notes 1 , ,
b) Y Prior Laws: ii t.
is Acts 1979, 66th Leg., p. 2071, ch. 810. 11 ,
>.' Vernon's Ann.Civ.St. art. 4413(34c), § 4. .,,.y
4
§ 2256.058. Private Auditor °!l
ier Notwithstanding any other law, a state agency shall employ a private auditor
�� if authorized bythe legislative audit committee on the committee's initiative or j, '
g �}.
icy on request of the governing body of the agency. t
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
311
