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09-14-1999 (City Council) Agenda Packet
NOTICE OF MEETING ti/.11 Wylie City Council Agenda Tuesday, September 14, 1999 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation&Pledge of Allegiance Citizens Participation CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. ,fdiscussion is desired,that item will be removed form the consent agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of August 24, 1999 and Special Called Meeting of August 31, 1999. Recess City Council Call to Order Parks and Recreation Facilities Development Corporation. 1. Consider and act upon approval of the FY2000 4B Budget, authorizing expenditures for the Community Services Facilities Capital Improvement Plan. Reconvene City Council ITEMS FOR INDIVIDUAL CONSIDERATION 1 a. Consider and act upon approval of the FY2000 4B Budget and the Community Services Facilities Capital Improvement Plan. 2. Consider and act upon approval of an Ordinance authorizing the issuance of$3,200,000 General Obligation Bonds, Series 1999,dated September 1, 1999 and all other matters related thereto. 3. Consider and act upon approval of an Ordinance authorizing the issuance of$1,380,000 Waterworks and Sewer System Revenue Bonds,Series 1999,dated September 1, 1999 and all other matters related thereto. 4. Consider and act upon approval of an Ordinance authorizing the issuance of$410,000 Public Property Finance Contractual Obligations, Series 1999,dated September 1, 1999 and all other matters related thereto. 5. Consider and act upon approval of an Ordinance of the City of Wylie amending the Budget for Fiscal Year 1999, beginning October 1, 1998 and ending September 30, 1999; repealing all conflicting ordinances containing a severability clause and providing for an effective date. 6. Hold a public hearing and consider and act upon approval of an Ordinance of the City of Wylie, adopting a budget and appropriating resources for fiscal year 2000, beginning October 1, 1999 and ending September 30,2000. 7. Consider and act upon approval of an Ordinance fixing the tax rate/levy for 1999 and for the Fiscal Year 1999-2000 budget. 8. Hold a public hearing to consider a request from D.R.Horton Custom Homes,for approval of a zone change from A(Agricultural)to PD(Planned Development) and a preliminary plat for the property generally located along the west side of FM 1378 directly across the street from the Newport Harbor development, and being a 136.339 acre tract of land situated in the William Patterson Survey,Abstract No. 716,City of Wylie,Collin County, Texas. ZC99-02 9. Hold a public hearing and consider a request from Brookshires Grocery Co.,for approval of a zone change from R(Retail)to B-1 (Business)for the property generally located along the east side of SH 78 in front of the Brookshire Grocery Store and being a.9028 acre (39,325 sq.ft.)strip of land situated in the E.C. Davidson Survey,Abstract No. 267,City of Wylie,Collin County,Texas. ZC.No. 99-07 10. Consider and Act Upon a Final Plat for the Sanden Addition,proposed by BSM Engineers, Inc.,for Sanden International(USA),generally located at the southeast corner of FM 544 and Sanden Boulevard and being all of a certain 90.3099 acre tract situated in the Duke Strickland Survey,Abstract No. 841,City of Wylie,Collin County,Texas. 11. Consider and act upon approval for Work Order No. WYL-37 authorizing The Hogan Corporation to proceed with paving improvements along Kirby Street from SH78 to Birmingham. Work Session Discussion regarding Amendments to the Existing Ambulance Contract. Staff Reports Adjournment. In addition to specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss anyitem posted on this agenda. Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on this the day of , 1999 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code and appropriate news media contacted. City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972/442-.9100 or TDII 9721442-8170. MINUTES Wylie City Council Tuesday, August 24, 1999 - 6:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order on Tuesday, August 24, 1999 at 6:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, Jim Swartz, J.C. Worley and Chris Trout. Councilman Merrill Young was absent. Staff members present were:Mike Collins,City Manager;Mindy Manson,Assistant to the City Manager;Brady Snellgrove,Finance Director; Tobin Maples,Planning Director;Richard Abernathy,City Attorney and Barbara Salinas,City Secretary. The Mayor then convened into Work Session at 6:05 p.m. Worksession Discussion of future land use and development related issues. Mr. Tobin Maples,Planning Director provided information on proposed annexations and future land use and development within the City of Wylie. Mr.Richard Abernathy provided input with regard to annexation options that were being considered by Council. There was discussion regarding the protection of our entryways and future land use along the entry ways of the City. The Mayor convened into Regular Session. Presentations && Proclamations The Mayor read the Proclamation Celebrating the 25 year anniversary of the League of Women Voters, Plano/Collin County. Accepting on behalf of the League was Ms. Barbara Hotinski,President of the League of Women Voters. Citizens Participation Mr.John Anderson-330 Callie Court Mr.Anderson addressed two issues;Drainage on Callie Court and Street Assessments. Mr. Anderson expressed concerns regarding the completed work. He explained existing problems with erosion, stating that failure to replace ground cover contributed to the erosion. He asked that they regrade and restore the ground cover to avoid further erosion to his property. Mr. Anderson spoke about previous assessment arrangements made 10 years ago for street improvements and the issue of equal treatment for residents of Callie and Donna residents. Mr. Anderson stated that those residents on Donna were never assessed for street improvements. Marie Routon-340 Callie Court Ms. Routon agreed with the comments of Mr. John Anderson with regard to equal assessments of Donna and Callie road improvements. Mrs.Routon stated that drainage is her concern. She described an area in which one side is level to the ground and the other has a significant drop off; it is all concrete where the dirt has caved in, making it impossible to mow. She requested that it be filled in with dirt so that she can mow and maintain the- Wylie City Council Minutes August 24,1999 Page 1 Marie Routon-340 Callie Court-continued -`drainage'. She stated that attention was called to this situation during the walk through and indicated that Mr. Collins was present. (The location clarified as directly behind Mr. Worley's property line.) Ms. Routon asked for a time frame for completion. Mr. Anderson also asked for a time frame for resolution to his issues. Sharon Dowdy-325 Callie Court Ms.Dowdy addressed two issues,Street Assessments and Kreymer Lane improvements. She provide information beginning with the 1985 annexation of the Wylie Ranch Estates Subdivision stating that during the voluntary annexation, an agreement was reached with property owners that all would to be equally assessed for paving improvements. She addressed this issue by reminding Council that 2 '/2 years ago when they began the Kreymer Lane project,it was brought to the attention of those present that they had already been assessed 10 years ago, yet no assessments invoiced. Ms.Dowdy stated that she attended town hall meetings to discuss and determine what improvements would be made and discovered her driveway would not be improved. Ms. Dowdy read from correspondence dated from July of 1997 through July of 1998 with regard to proposed improvements. Ms. Dowdy stated that 13 months later,these improvements have not happened. Ms. Dowdy stated that she is not prepared to pay$2,200 for a project that has not been done properly. She stated that three months ago she met with the city engineer and city councilmen and they walked her property and looked at the driveway,comparing to other houses where driveway improvements were made. It was determined that the driveway culvert was set too low,but noted that in February of 1997 it was not considered too low. Ms.Dowdy stated that she would like to see staff and council address this issue and that she is willing to pay half for the sewer project,but has a problem paying the other half for drainage that was not completed properly. There was some discussion by Council as to why grass had not be seeded determining that it may have been due to the dry weather conditions. The Mayor and Council directed Staff to meet with the contractor and with the Hogan Corporation and report back at the September 28 regular meeting of the Wylie City Council with a cost estimate to correct problem areas. CONSENT AGENDA A. Approval of the Minutes from the Special Called Meeting of August 9 and Regular Meetings of July 27 and August 10, 1999. Councilman Scott asked that Page 1 of the Minutes of July 27 reflect that Mr. Collins was not in attendance. With no further corrections Councilman Scott made a motion to approve the Minutes from the Special Called Meeting of August 9 and Regular Meetings of July 27 and August 10, 1999 as corrected. Councilman Worley seconded the motion. A vote was taken and the motion passed,6-0. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Consider and act upon a Preliminary Plat for the Newport Manor Addition, proposed by Douphrate&Associates,Inc.for Cascade Companies,LLC.,generally located along the east side of FM 1378 north of the Newport Harbor subdivision, and being all of a certain 12 acre tract situated in the James McUlmurry Survey,Abstract No.629,City of Wylie,Collin County,Texas. Wylie City Council Minutes August 24,1999 Page 2 Mr. Tobin Maples addressed this item providing Council with a brief history and areas of concern. Councilman Swartz made a motion to approve the Preliminary Plat for the Newport Manor Addition,proposed by Douphrate&Associates,Inc.for Cascade Companies,LLC.,generally located along the east side of FM 1378 north of the Newport Harbor subdivision,and being all of a certain 12 acre tract situated in the James McUlmurry Survey,Abstract No. 629,City of Wylie,Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed,6-0. 2. Consider and act upon an Ordinance Disannexing all of a certain 88.965 Acre tract situated in the Maria Ignacio Giminez Survey, Abstract No.338,Collin County,Texas. Police Chief Jeff Butter addressed this item. Chief Butters provided Council with a brief background of the request to disannex the 88.965 acre tract,citing public safety concerns for police coverage and response time with the city of Wylie should officers need to respond when they are at Clear Lake Park. Councilman Scott made a motion to approve the ordinance disannexing all of a certain 88.965 Acre tract situated in the Maria Ignacio Giminez Survey, Abstract No. 338,Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,6-0. 3. Consider and act upon applying for a Telecommunications Infrastructure Fund(TIF) Grant to create a multipurpose and community based network. Ms.Mignon Morse,Library Director,addressed this item. Ms.Morse provided a brief background of the process involved in the joint application of the City and Wylie Independent School District for the Telecommunications Infrastructure(TIF) Grant. She stated that with council's approval she would be designated as the Authorized Official to administer the grant for the City of Wylie and Mr.Brady Snellgrove,Finance Director will be the Chief Financial Officer for the city's portion of project funds. Councilman Swartz made a motion to approve the application for a Telecommunications Infrastructure Fund (TIF) Grant to create a multipurpose and community based network and authorize Mr. Mignon Morse as the Authorized Official to administer the grant for the City of Wylie and Mr. Brady Snellgrove,Finance Director as the Chief Financial Officer for the City's portion of project Funds. Councilman Worley seconded the motion. A vote was taken and the motion passed,6-0. Staff Reports Mr.Collins,City Manager provided Council with an update of the Highway 78 Planning Committee, stating that meetings were going well. Council had questions and concerns regarding handicapped access of sidewalks on South Ballard and Kirby Street status. Mr. Collins stated that he would provide information to Council at the September 14 meeting regarding Ballard and Kirby Street issues. The Mayor adjourned into the Joint Worksession with the Planning and Zoning Commission. Joint Worksession with Planning &Zoning Commission, Development Related Issues The following Planning and Zoning Members were present: Chairman Steve Ahrens, Eric Hogue, Julie Schmader,Michael George,Carter Porter,Cecilia Wood and Sharon Dowdy. Wylie City Council Minutes August 24,1999 Page 3 Joint Worksession with Planning & Zoning Commission-continued The Mayor opened the Work Session with group discussion regarding the newly approved Comprehensive Land Use Plan and how it is to be utilized. There was discussion regarding the role of the Planning and Zoning Commission and City Staff as well as concerns by Commission members with regard to the negotiating process. It was stated that the City Staff's role is to conduct any type of negotiations before a case comes before the Commission. Mr. Abernathy advised the Commission that they have little room to deviate from what city ordinance/state law dictates with regard to approval. There was discussion regarding the Commission's right to question aspects of a development,i.e. drainage. Mr. Abernathy suggested that if Commissioners have questions after reviewing their packet,they should contact a professional,i.e.city engineer,and resolve any concerns prior to the meeting. Mr. Abernathy also added that the Commission could recommend to Council any defects in city ordinances and if necessary approve a case with stipulations. Mr. Abernathy reminded Commission that it is the Council that is the policy making body. Commission expressed some concern with regard to working together with the Council when they are not sure of Council's direction. It was stated that the Commission should make their decisions based on city ordinances and guidelines and use the information provided, approving those items that comply. Commission raised the question as to'who they serve'. Mr.Abernathy stated that the Commission serves at Council's pleasure making decisions to benefit the community and that Council's policy should be used as a guideline. He also stated that sometimes a Commissioner may have a different vision than that of the Council. If so, they could see cases overturned by Council and possibly be replaced. He also reminded the Commission that the developers are our customers and that the way they are treated reflects upon the community. There was discussion regarding the building/development standards acceptable by the City of Wylie and the frustration of both Council and Commission. There were areas of immediate concern that would require amendments to existing ordinances. Mr.Maples advised that,with current staff,it will take approximately 12-14 months to complete the review and revisions. The following were defined as areas of immediate concern: lot size, screening,open space,sidewalks,drainage,house size&design issues. Executive Session The Mayor convened into Executive Session in accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law); Section 551.072, Deliberation Regarding Real Property and Section 551.075 Conference with Employees to receive information and question employees. Reconvene into Open Meeting No action was taken as a result of the Executive Session. Adjournment. With no further business to come before Council,the meeting was adjourned. John Mondy,Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes August 24,1999 Page 4 MINUTES Wylie City Council Tuesday, August 31, 1999 - 6:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday, August 31, 1999 at 6:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Jim Swartz,Merrill Young,J.C. Worley and Chris Trout. Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,Finance Director; Tobin Maples,Planning Director and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the invocation. Pledge of Allegiance Councilman Trout was asked to lead the Pledge of Allegiance. Presentations & Proclamations The Mayor read a Proclamation that proclaimed September 1, 1999 as"Good Neighbor Day"in Wylie,Texas. Ms. Pam Wells,Wylie Flower Shop accepted. Citizens Participation There was no citizens participation. ITEMS FOR INDIVIDUAL CONSIDERATION Approval of Ordinances 1. Consider and act upon approval of an ordinance establishing a"Municipal Court Technology Fund" and providing for the assessment and collection of a Municipal Court Technology Fee. Mr. Brady Snellgrove addressed this item. Mr. Snellgrove provided Council with a brief background of the Municipal Court Technology Fee. Councilman Scott made a motion to approve an ordinance establishing a"Municipal Court Technology Fund" and providing for the assessment and collection of a Municipal Court Technology Fee. Councilman Worley seconded the motion. A vote was taken and the motion passed,7-0. 2. Consider and act upon a Preliminary Plat/Development Plan for the Lakeside Estates Phase II addition,proposed by Carter and Burgess,Inc.for G.Development,generally located along the north side of the railroad at the northeast corner of FM 544 and Springwell Parkway(Marshall Lane),and being all of a certain 28.770 acre tract out of the Moses Sparks Survey,Abstract No. 849,City of Wylie,Collin County,Texas. Wylie City Council Minutes August 31,1999 Page 1 Mr. Tobin Maples addressed this item. Mr. Maples provided Council with a brief history of the Preliminary Plat/Development Plan for the Lakeside Estates Phase II addition as proposed by Carter and Burgess,Inc. Mr. Maples advised that at the July 6, 1999 meeting of the Planning and Zoning Commission the Commission voted unanimously to recommend approval of this case. Councilman Worley made a motion to approve the Preliminary Plat/Development Plan for the Lakeside Estates Phase II addition,proposed by Carter and Burgess,Inc. for G. Development,generally located along the north side of the railroad at the northeast corner of FM 544 and Springwell Parkway(Marshall Lane), and being all of a certain 28.770 acre tract out of the Moses Sparks Survey,Abstract No. 849, City of Wylie, Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. 3. Consider and act upon approval of an Ordinance annexing all of a 199.22 acres tract of land situated in the William Patterson Survey,Abstract No.716,and being the second and third tracts in deed from Amos W. Hood, to Chas. E. Hood, dated November 27, 1940, and recorded in Volume 33,Page 70 of the Deed Records of Collin County,Texas. Mr. Tobin Maples addressed Council with regard to Agenda Items 3-8. Mr. Maples stated that two public hearings were held on August 9 and August 10, 1999 in compliance with state law and that Council would now consider formal action this evening. Councilman Trout made a motion to approve an Ordinance annexing all of a 199.22 acres tract of land situated in the William Patterson Survey,Abstract No. 716,and being the second and third tracts in deed from Amos W. Hood,to Chas. E. Hood,dated November 27, 1940, and recorded in Volume 33,Page 70 of the Deed Records of Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. 4. Consider and act upon approval of an Ordinance annexing all of a 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY,ABSTRACT NO. 835, Collin County,Texas, and being all of that certain tract of land conveyed to Jeffrey L.Whitcraft and wife,Maria T.Whitcraft as recorded in File No.93-0088426,Deed Records,Collin County,Texas. Councilman Worley made a motion to approve an Ordinance annexing all of a 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY,ABSTRACT NO. 835, Collin County,Texas, and being all of that certain tract of land conveyed to Jeffrey L. Whitcraft and wife,Maria T. Whitcraft as recorded in File No.93-0088426,Deed Records, Collin County,Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. 5. Consider and act upon approval of an Ordinance annexing all of a 5.0 Acres of land and being situated in Collin County,Texas,a part of the Richard D.Newman Survey,Abstract No.660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R.Beck,et ux,to R.S.Williams,dated December 20, 1910,recorded in Volume 166,Page 430 of the Collin County Deed Records,Collin County,Texas. Councilman Worley made a motion to approve an Ordinance annexing all of a 5.0 Acres of land and being situated in Collin County,Texas,a part of the Richard D.Newman Survey,Abstract No. 660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R. Beck,et ux,to R.S. Williams,dated December 20, 1910,recorded in Volume 166, Page 430 of the Collin County Deed Records, Collin County,Texas. Councilman Swartz seconded the motion. A vote was taken and the motion passed,7-0. Wylie City Council Minutes August 31,1999 Page 2 6. Consider and act upon approval of an Ordinance annexing all of 2.911 acres of land situated in Collin County,Texas,in the I.&G.N.Railroad Company Survey,Abstract No. 1059,and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties,Inc.to Wylie Northeast Water Supply Corporation recorded in Volume 1187, Page 61, of the Collin County Deed Records,Collin County,Texas. Councilman Worley made a motion to approve an Ordinance annexing all of 2.911 acres of land situated in Collin County,Texas,in the I.&G.N.Railroad Company Survey,Abstract No. 1059, and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties,Inc.to Wylie Northeast Water Supply Corporation recorded in Volume 1187,Page 61,of the Collin County Deed Records,Collin County,Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. 7. Consider and act upon approval of an Ordinance annexing all of approximately 237.421 Acres of land and being all of a tract of land situated in the William Patterson Survey,Abstract No.716, and also being out of the L.Marshall Survey,Abstract No.594,Collin County,Texas. Councilman Swartz made a motion to approve an Ordinance annexing all of approximately 167.059 Acres of land and being all of a tract of land situated in the William Patterson Survey,Abstract No. 716, and also being out of the L.Marshall Survey,Abstract No.594,Collin County,Texas,excluding tracts 136, 137, 147, 148, 149, 150, 151, 152, 153,154, 155, 156, 157, 158, 15, 160, 161 and tract number 177 know as Dove Creek,lots 1-25. Councilman Worley seconded the motion. A vote was taken and the motion passed, 4-3. Councilman Scott, Councilwoman Allen and Councilman Young voted in opposition. 8. Consider and act upon approval of an Ordinance annexing approximately 3.823 Acres of land and being a survey of a tract of land in the W.D. Penny Survey,Abstract 696, Collin County, Texas,and being part of a certain 25.679 acre tract as described in deed to L.D.Pearce recorded in Volume 496,Page 268,Deed Records,Collin County,Texas Councilman Young made a motion to approve an Ordinance annexing approximately 3.823 Acres of land and being a survey of a tract of land in the W.D. Penny Survey,Abstract 696, Collin County, Texas, and being part of a certain 25.679 acre tract as described in deed to L.D. Pearce recorded in Volume 496, Page 268, Deed Records, Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. Public Hearing 9. Conduct a Public Hearing on the Proposed Tax Rate for Fiscal Year 1999-2000 and Provide Taxpayers an Opportunity to Express their Views on the Tax Increase. At the End of the Hearing,the City Council Must Set and Announce the Date,Time and Place of the Meeting at Which it Will Vote on the Final Proposed Tax Rate. Mr.Brady Snellgrove addressed this item. Mr. Snellgrove provided Council with a brief explanation of the Truth in Taxation laws of the State of Texas and advised that this evening would allow the public to express their views on the tax increase. He explained that the Council would be asked to announce the date,time and location of the second public hearing date; a vote to be taken on the final proposed tax rate at said public hearing. Wylie City Council Minutes August 31,1999 Page 3 The Mayor then opened the public hearing and asked anyone wishing to speak either in favor of or in opposition of the proposed tax increase to come forward and state their name and address and limit their comments to three minutes. With no response,the Mayor then closed the public hearing. Staff Reports City Manager, Mike Collins reported that the Local Design committee was unable to meet this week but have rescheduled a meeting for next week. Mr. Collins stated that a work session would be scheduled for September 28 to discuss city wide drainage issues and presentation by the city engineer with regard to Wylie Ranch Estates. Mr. Collins stated that the Collin County Commissioners would meet on September 1, 1999 to discuss withholding funds from Libraries that do not meet their recommended Internet access/restrictions policy. He stated that Mignon Morse,Library Director would be attending. Finance Director,Mr. Brady Snellgrove reported that the city has advertised for bids and will be getting quotes for hand held meter readers. He advised that the city's are not Y2K compliant therefore they needed to be replaced. The Mayor announced a brief recess before convening into Work Session at 6:45 p.m. Work Session • Traffic Impacts of S.H. 78/F.M. 544 Reconstruction • Kirby Street Operation Between Birmingham Street and S.H. 78 City Manager,Mike Collins and Transportation Engineer,Mr. Stanton Forester provided Council with an update on the construction schedule for the S.H. 78/F.M. 544 reconstruction. Mr. Forester stated that he has met with TxDOT and reviewed the traffic situation. He stated that the project will take approximately 18 months for completion,with actual construction between 60-90 days but could be up to 120. There was some discussion regarding the Kirby Street operation with regard to the impact of the future bond project construction. Mr. Collins explained that currently the street is one way to help with the traffic flow during the Ballard Street Construction. Mr. Collins stated that he has visited and received input from Mr. Mike Belt, owner of Video Hits and the Hartman School Administration. Mr. Collins stated that there is some opposition to keeping Kirby one way and both the City Manager's office and the Public Works office have received phone calls from individuals expressing their concerns. There was also some concern regarding the gate erected by Lakeside Village Apartments and public safety issues for emergency vehicles. Adjournment. With no further business to come before Council,the meeting was adjourned at 8:30 p.m. John Mondy,Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes August 31,1999 Page 4 `VYLIE CITY COUNCIL AGENDA ITEM NO. (. September 14, 1999 buts Consider and Act Upon Approval of the FY98 4B Budget, authorizing expenditures for the FY99 Community Services Facilities Capital Improvement Plan. Background The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the;1 cent sales tax for parks, recreation, and library projects. The Board of Directors of the Corporation are: Mayor John Mondy Mayor Pro-Tem J.C. Worley Councilmember Joel Scott Councilmember Chris Trout Shirley Burnett—Library Board Member Gerry Whit—Library Board Member Dan Chesnut-Parks Board Member As set out in the Articles of Incorporation,the Board has the power to authorize the expenditure of Sales Tax Funds for projects approved by the City Council. Further,the Bylaws state that "It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." The consistent increase in the 4B revenue has made it possible to transition from being simply project oriented to the ongoing funding of staff for the Parks&Recreation and Library Departments,while still allowing projects to be funded as well as maintaining a fund balance to apply as the match for County and State funding The positions proposed to be funded through the 4B Budget include a Public Service Librarian, Community Services Coordinator,part-time building monitor and an additional Parks Maintenance Worker. The purchase of capital equipment for the Library is proposed to be funded at $20,000 and at$29,900 for Parks. The combined Park and Library projects constitute the Community Services Capital Facilities Improvement Plan for FY99. Financial Considerations To date,the 4B Sales Tax has funded over$655,000 in miscellaneous park and library projects,not including the$1.4 million allocated from the issuance of bonds for the construction of Central Park, the renovation and expansion of the Smith Public Library, and the renovation of the old Post Office into the Peddicord Community Center. Other Considerations The authority to levy the 2 sales tax is established in the Development Corporation Act of 1979, Article 5190.6, Section 4B, Vernon's Annotated Civil Statutes, as amended. The Act required the creation of the Parks and Recreation Facilities Development Corporation which receives and manages the sales tax receipts. Commission Recommendation The Park and Recreation Advisory Board and the Library Board recommend approval of the proposed FY00 4B Budget. Staff Recommendation N/A Attachments Proposed 4B Sales Tax Revenue Fund t 7/, Pr red by ewed by Fina ce ity M er Approval 4B SALES TAX REVENUE FUND FUND DESCRIPTION each in the Library and Parks departments and one and one-half in the Recreation department. Other The Wylie Park and Recreation Facilities funds will be used for purchases of capital equipment Development Corporation (A.K.A. the 4B for parks and for library services. Corporation) was established to promote economic development within the City of Wylie. The activities of Accomplishments for FY1999 the 4B Corporation are accounted for in three fund types. The three funds are titled the 4B Sales Tax + Funded capital improvement projects at Community Revenue Fund,the 4B Debt Service Fund, and the 4B park($20,000). Capital Projects Fund. This special revenue fund + Funded computers and printers, furniture, accounts for the use of the 4B Corporation sales tax books/materials/software, and training for the revenue which is restricted by State legislation to Library($20,000). promoting economic development. Sales taxes are levied in Wylie at 8.25% of goods and services sold Major Budget Items within the City's boundaries. Of this 8.25% tax, .5% of the City's share goes to the 4B Sales Tax Operating + Debt Service Transfer of$141,000. Fund. + Addition of Community Services Coordinator position ($40,030). FUND NARRATIVE + Additon of a Building Monitor for the Community Center($9,670). The fund ended fiscal year 1998-99 with an estimated + Addition of professional Librarian ($39,420). fund balance at September 30, 1999 of$492,290. The + Addition of parks maintenance worker($29,280). estimated FY1999 year-end revenues and + Capital equipment for park maintenance ($20,000). expenditures are$385,500 and $178,960 respectively. + Funding for additional computers and printers, The fund balance for FY1999 is estimated to increase furniture, books/materials/software, and training for by $206,540, bringing the ending fund balance to the Library ($20,000). $491,290. This surplus (Fund Balance)will be used in Fy2000 to fund three and one-half new positons -one STATEMENT OF REVENUES AND EXPENDITURES PROPOSED ACTUAL BUDGET ESTIMATED BUDGET 1997-98 1998-99 1998-99 1999-2000 BEGINNING FUND BALANCE $180,806 $247,290 $284,750 $491,290 REVENUES Sales Tax 322,204 312,200 370,000 406,300 Interest Income 10,041 15,000 15,500 15,000 Transfer from 4B Debt Service Fund 10,000 0 0 0 TOTAL REVENUES 342,245 327,200 385,500 421,300 TOTAL AVAILABLE RESOURCES 523,051 574,490 670,250 912,590 EXPENDITURES: Library 65,033 20,000 20,000 59,420 Community Center 17,556 0 0 0 Parks 19,159 20,000 20,000 59,180 Recreation 0 0 0 59,700 Transfer to 4B Debt Service Fund 136,560 138,960 138,960 141,000 TOTAL EXPENDITURES 238,308 178,960 178,960 319,300 TOTAL FUND BALANCE $284,743 $395,530 $491,290 $593,290 58 WYLIE CITY COUNCIL AGENDA ITEM NO. 1O.. . September 14, 1999 Issues Consider and Act Upon Approval of the FY00 4B Budget and the Community Services Facilities Capital Improvement Plan Background The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the cent sales tax for parks, recreation, and library projects. The Board of Directors of the Corporation are: Mayor John Mondy Mayor Pro-Tem J.C. Worley Councilmember Joel Scott Councilmember Chris Trout Shirley Burnett—Library Board Member Gerry Whit—Library Board Member Dan Chesnut-Parks Board Member As set out in the Articles of Incorporation,the Board has the power to authorize the expenditure of Sales Tax Funds for projects approved by the City Council. Further,the Bylaws state that "It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." The consistent increase in the 4B revenue has made it possible to transition from being simply project oriented to the ongoing funding of staff for the Parks&Recreation and Library Departments,while still allowing projects to be funded as well as maintaining a fund balance to apply as the match for County and State funding The positions proposed to be funded through the 4B Budget include a Public Service Librarian, Community Services Coordinator,part-time building monitor and an additional Parks Maintenance Worker. The purchase of capital equipment for the Library is proposed to be funded at $20,000 and at$29,900 for Parks. The combined Park and Library projects constitute the Community Services Capital Facilities Improvement Plan for FY99. Financial Considerations To date,the 4B Sales Tax has funded over$655,000 in miscellaneous park and library projects,not including the$1.4 million allocated from the issuance of bonds for the construction of Central Park, the renovation and expansion of the Smith Public Library, and the renovation of the old Post Office into the Peddicord Community Center. Other Considerations The authority to levy the 2 sales tax is established in the Development Corporation Act of 1979, Article 5190.6, Section 4B, Vernon's Annotated Civil Statutes, as amended. The Act required the creation of the Parks and Recreation Facilities Development Corporation which receives and manages the sales tax receipts. Commission Recommendation The Park and Recreation Advisory Board and the Library Board recommend approval of the proposed FY00 4B Budget. Staff Recommendation N/A Attachments Proposed 4B Sales Tax Revenue Fund Pr ed by Re ed by Financ City M ger Approval 4B SALES TAX REVENUE FUND FUND DESCRIPTION each in the Library and Parks departments and one and one-half in the Recreation department. Other The Wylie Park and Recreation Facilities funds will be used for purchases of capital equipment Development Corporation (A.K.A. the 4B for parks and for library services. Corporation) was established to promote economic development within the City of Wylie. The activities of Accomplishments for FY1999 the 4B Corporation are accounted for in three fund types. The three funds are titled the 4B Sales Tax + Funded capital improvement projects at Community Revenue Fund,the 4B Debt Service Fund, and the 4B park ($20,000). Capital Projects Fund. This special revenue fund + Funded computers and printers, furniture, accounts for the use of the 4B Corporation sales tax books/materials/software, and training for the revenue which is restricted by State legislation to Library ($20,000). promoting economic development. Sales taxes are levied in Wylie at 8.25% of goods and services sold Major Budget Items within the City's boundaries. Of this 8.25%tax, .5% of the City's share goes to the 4B Sales Tax Operating + Debt Service Transfer of$141,000. Fund. + Addition of Community Services Coordinator position ($40,030). FUND NARRATIVE + Additon of a Building Monitor for the Community Center($9,670). The fund ended fiscal year 1998-99 with an estimated + Addition of professional Librarian ($39,420). fund balance at September 30, 1999 of$492,290. The + Addition of parks maintenance worker($29,280). estimated FY1999 year-end revenues and + Capital equipment for park maintenance ($20,000). expenditures are$385,500 and $178,960 respectively. + Funding for additional computers and printers, The fund balance for FY1999 is estimated to increase furniture, books/materials/software, and training for by $206,540, bringing the ending fund balance to the Library ($20,000). $491,290. This surplus(Fund Balance)will be used in Fy2000 to fund three and one-half new positons -one STATEMENT OF REVENUES AND EXPENDITURES PROPOSED ACTUAL BUDGET ESTIMATED BUDGET 1997-98 1998-99 1998-99 1999-2000 BEGINNING FUND BALANCE $180,806 $247,290 $284,750 $491,290 REVENUES Sales Tax 322,204 312,200 370,000 406,300 Interest Income 10,041 15,000 15,500 15,000 Transfer from 4B Debt Service Fund 10,000 0 0 0 TOTAL REVENUES 342,245 327,200 385,500 421,300 TOTAL AVAILABLE RESOURCES 523,051 574,490 670,250 912,590 EXPENDITURES: Library 65,033 20,000 20,000 59,420 Community Center 17,556 0 0 0 Parks 19,159 20,000 20,000 59,180 Recreation 0 0 0 59,700 Transfer to 4B Debt Service Fund 136,560 138,960 138,960 141,000 TOTAL EXPENDITURES 238,308 178,960 178,960 319,300 TOTAL FUND BALANCE $284,743 $395,530 $491,290 $593,290 58 WYLIE CITY COUNCIL AGENDA ITEM NO. 0_„, September 14, 1999 Issue Consider and act upon approval of an Ordinance authorizing the issuance of $3,200,000 General Obligation Bonds, Series 1999, dated September 1, 1999 and all other matters related thereto: Background The City is issuing the first $3,200,000 of the $17,940,000 in general obligation bonds authorized by the election held on May 8, 1999. The allocation of the bonds sold will be $1,870,000 for Street improvements, $850,000 for Drainage improvements and $480,000 for Park improvements. The bids for the Bonds will be publicly opened and read at the offices of the Financial Advisor, at 11:00 AM, CDT, Tuesday, September 14, 1999. The bonds are being sold in one block on an"All or None" basis. The sale of the Bonds will be awarded to the bidder making a bid that conforms to the Bidding Instructions and which produces the lowest True Interest Cost rate to the City. The bidders on municipal bonds are typically financial institutions or groups that intend to retail the bonds to institutions or individual investors. The City's Financial Advisors, First Southwest Company, will present the results of the bidding at the Council meeting on September 14, 1999. Other Considerations The City Council can take action to award the Bonds or reject all bids at this meeting. If the bonds are awarded,the Council will need to adopt an ordinance authorizing the Bonds and approving the Official Statement (the "Ordinance"). A Good Faith Deposit of$64,000 will be required from the successful bidder. Financial Considerations The debt service requirements for the new bonds will be funded from property taxes. The average annual debt service payment over the twenty year amortization of the $3.2 million in new bonds is estimated to be $263,170. Board/Commission Recommendation N/A Staff Recommendation The Staff recommends that the City Council adopt the proposed ordinance authorizing the issuance of "$3,200,000 General Obligation Bonds, Series 1999" per the recommendation of the First Southwest Company. Attachments Draft of the Bond Ordinance 9 t‘ ; Prepared by Revie e by Finance City Maip er Approval ORDINANCE NO. AN ORDINANCE authorizing the issuance of"CITY OF WYLIE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1999"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, the City Council of the City of Wylie, Texas hereby finds and determines that $3,200,000 in principal amount of general obligation bonds approved and authorized to be issued at an election held May 1, 1999 should be issued and sold at this time; a summary of the general obligation bonds authorized at said election, the principal amounts authorized, amounts being issued pursuant to this ordinance and amounts remaining to be issued subsequent hereto being as follows: Amounts Amounts Unissued Purpose Authorized Being Issued Balance Streets $15,910,000 $1,870,000 $14,040,000 Drainage 1,280,000 850,000 430,000 Parks 750,000 480,000 270,000 AND WHEREAS, the Council hereby reserves and retains the right to issue the balance of unissued bonds approved at said election in one or more installments when, in the judgment of the Council, funds are needed to accomplish the purposes for which such bonds were voted; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Authorization - Designation- Principal Amount- Purpose. General obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $3,200,000 to be designated and bear the title "CITY OF WYLIE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1999" (hereinafter referred to as the "Bonds"), for permanent public improvements and public purposes, to wit: $1,870,000 for street improvements, including drainage, curb, gutters, sidewalks, landscaping, traffic signalization and utility line relocation and the acquisition of land and right-of-way therefor, $850,000 for drainage improvements and $480,000 to acquire or improve, or both, land for park purposes, in accordance with authority conferred at the aforesaid election and in conformity with the Constitution and laws of the State of Texas, including Article 1175, V.A.T.C.S.. SECTION 2: Fully Registered Obligations - Bond Date- Authorized Denominations-Stated Maturities-Interest Rates. The Bonds shall be issued as fully registered obligations only, shall be dated September 1, 1999 (the "Bond Date"), shall be in denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") in accordance with the following schedule: WYLIEG-1.WPD Year of Principal Interest Stated Maturity Amount Rate(s) 2000 $100,000 2001 95,000 2002 100,000 2003 105,000 2004 110,000 94) 2005 120,000 94) 2006 125,000 OA) 2007 130,000 94) 2008 140,000 0/0 2009 150,000 94) 2010 155,000 94) 2011 165,000 2012 175,000 94) 2013 185,000 % 2014 195,000 0/0 2015 205,000 94) 2016 215,000 0/0 2017 230,000 0/0 2018 245,000 94) 2019 255,000 The Bonds shall bear interest on the unpaid principal amounts from the Bond Date at the rate(s) per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Bonds shall be payable on February 15 and August 15 in each year, commencing February 15, 2000. SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Chase Bank of Texas, National Association to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Bonds (the"Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/ Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Bonds. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such -2- WYLIEG-1.WPD capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities or the redemption thereof, only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest on the Bonds shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest(which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. (a)Optional Redemption.The Bonds having Stated Maturities on and after February 15, 2010, shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2009 or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. At least forty-five (45) days prior to a redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. (b) Mandatory Redemption. The Bonds having Stated Maturities of February 15, 20 and February 15, 20 ("Term Bonds") shall be subject to mandatory redemption in part prior to maturity at the redemption price of par and accrued interest to the date of redemption on the respective dates and in principal amounts as follows: -3- WYLIEG-1.WPD Term Bonds due February 15, 20 Term Bonds due February 15, 20 Redemption Date Principal Amount Redemption Date Principal Amount February 15, 20 $ ,000 February 15, 20 $ ,000 February 15, 20 ,000 February 15, 20 ,000 Approximately forty-five (45) days prior to each mandatory redemption date specified above that the Term Bonds are to be mandatorily redeemed, the Paying Agent/Registrar shall select by lot the numbers of the Term Bonds within the applicable Stated Maturity to be redeemed on the next following February 15 from moneys set aside for that purpose in the Interest and Sinking Fund (as hereinafter defined). Any Term Bonds not selected for prior redemption shall be paid on the date of their Stated Maturity. The principal amount of the Term Bonds for a Stated Maturity required to be redeemed pursuant to the operation of such mandatory redemption provisions may be reduced, at the option of the City, by the principal amount of Term Bonds of like Stated Maturity which, at least 50 days prior to the mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions set forth in paragraph(a) of this Section and not theretofore credited against a mandatory redemption requirement. (c) Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat such Bonds as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bonds by$5,000 and shall select the Bonds, or principal amount thereof, to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Bond to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to prior redemption, and has been called for redemption, and notice of redemption thereof has been duly given as hereinabove provided, such Bond (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from WYLIEG-1.WPD -4 and after the redemption date therefor; provided moneys sufficient for the payment of such Bond (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. SECTION 5: Registration - Transfer - Exchange of Bonds-Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Bonds issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Bond may be transferred or exchanged for Bonds of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Bond for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Bonds are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Bonds to the Holder requesting the exchange. All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Bonds," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued, registered, and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. 5- WYLIEG-1.WP0 Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Bond; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3,4 and 5 hereof relating to the payment, and transfer/exchange of the Bonds, the City hereby approves and authorizes the use of"Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representations, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be deposited with DTC who shall hold said Bonds for its participants (the"DTC Participants"). While the Bonds are held by DTC under the Depository Agreement, the Holder of the Bonds on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Bond (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Bonds or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Bonds, the City covenants and agrees with the Holders of the Bonds to cause Bonds to be printed in definitive form and provide for the Bond certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Bonds in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution-Registration. The Bonds shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Bond Date shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them shall cease to hold such offices at the time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed -6- WYLIEG-1.WPD upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified, registered, and delivered. SECTION 8: Initial Bond(s). The Bonds herein authorized shall be initially issued either (i) as a single fully registered bond in the total principal amount of $3,200,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as multiple fully registered bonds, being one bond for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the"Initial Bond(s)") and, in either case, the Initial Bond(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Bond(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Bonds, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Bonds as evidenced by their execution. Any portion of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Bonds as evidenced by their execution thereof. B. Form of Definitive Bond. REGISTERED REGISTERED NO. _ $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF WYLIE, TEXAS -7- WYLIEG-1.WPD GENERAL OBLIGATION BOND, SERIES 1999 Bond Date: Interest Rate: Stated Maturity: CUSIP NO: September 1, 1999 Registered Owner: Principal Amount: DOLLARS The City of Wylie (hereinafter referred to as the "City"), a body corporate and political subdivision in the Counties of Collin, Dallas and Rockwall, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Bond Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2000. Principal of this Bond is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however, while this Bond is registered to Cede & Co., the payment of principal upon a partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Bond. Interest is payable to the registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced)whose name appears on the"Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Bond is one of the series specified in its title issued in the aggregate principal amount of$3,200,000 (herein referred to as the "Bonds")for permanent public improvements and public purposes,to wit: $1,870,000 for street improvements, including drainage, curb,gutters, sidewalks, landscaping, traffic signalization and utility line relocation and the acquisition of land and right-of- way therefor, $850,000 for drainage improvements and $480,000 to acquire or improve, or both, land for park purposes, under and in strict conformity with the Constitution and laws of the State 8- WYLIEG-1.WP0 of Texas and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Bonds maturing on dates hereinafter identified (the "Term Bonds") are subject to mandatory redemption prior to maturity with funds on deposit in the Interest and Sinking Fund established and maintained for the payment thereof in the Ordinance, and shall be redeemed in part prior to maturity at the price of par and accrued interest thereon to the date of redemption, and without premium. The Term Bonds maturing on February 15, 20 are subject to mandatory redemption on February 15, 20 and February 15, 20 in the amounts set forth in the Ordinance. The Term Bonds maturing on February 15, 20 are subject to mandatory redemption on August 15, 20 and annually thereafter on each February 15 through February 15, 20 in the amounts set forth in the Ordinance. The particular Term Bonds to be redeemed on each redemption date shall be chosen by lot by the Paying Agent/Registrar; provided, however, that the principal amount of Term Bonds for a Stated Maturity required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of Term Bonds of like maturity which, at least 50 days prior to a mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or(2)shall have been redeemed pursuant to the optional redemption provisions appearing below and not theretofore credited against a mandatory redemption requirement. The Bonds maturing on and after February 15, 2010, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2009, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to the date fixed for any redemption of Bonds, the City shall cause a written notice of such redemption to be sent by United States Mail, first class postage prepaid, to the registered owners of each Bond to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Bond (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date such Bond (or the portion of its principal sum to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event a portion of the principal amount of a Bond is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Bond to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Bond is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Bond to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such -9- WYLIEG-1.WPD limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Bond redeemed in part. The Bonds are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be discharged at or prior to its maturity or redemption, and deemed to be no longer Outstanding thereunder; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register(i)on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date")will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed -10- WYLIBG-I.WP➢ any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City as of the Bond Date. CITY OF WYLIE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) -11- WYLIEG-1.WPD C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Bond(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Do Not Print on Definitive Bonds D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Bonds only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered under the provisions of the within-mentioned Ordinance; the bond or bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar in Dallas, Texas is the "Designated Payment/Transfer Office" for this Bond. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as Paying Agent/Registrar Registration date: By Authorized Signature E. Form of Assignment. -12- WYLIEG-1.WPD ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: ) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment Signature guaranteed: must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. F. The Initial Bond(s) shall be in the form set forth in paragraph B of this Section. except that the form of the single fully registered Initial Bond shall be modified as follows: (I) immediately under the name of the bond the headings "Interest Rate " and "Stated Maturity " shall both be omitted. (ii) Paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Collin, Dallas and Rockwall, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: YEAR OF PRINCIPAL INTEREST MATURITY INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof). (or so much principal thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid Principal Amount hereof from the Bond Date at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such 13- WYLIEG-1.WPD interest being payable on February 15 and August 15 in each year, commencing February 15, 2000. Principal installments of this Bond are payable in the year of maturity or on a prepayment date to the registered owner hereof by Chase Bank of Texas, National Association (the "Paying Agent/Registrar"), upon its presentation and surrender, at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Bond whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Levy of Taxes. To provide for the payment of the "Debt Service Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount is the greater), there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Bonds shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Bonds while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Bonds shall be kept and maintained by the City at all times while the Bonds are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Bonds shall be deposited to the credit of a "Special 1999 Bond Account" (the "Interest and Sinking Fund") maintained on the records of the City and deposited in a special fund maintained at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Bonds. Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/ Registrar for the Bonds, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of redemption prior to maturity; such transfers of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each principal and interest payment date for the Bonds. PROVIDED, HOWEVER, in regard to the payments to become due on the Bonds on February 15, 2000 and August 15, 2000, sufficient current funds, including earnings to be realized from the investment of the proceeds of sale of the Bonds pending their expenditure for authorized purposes, will be available and are hereby appropriated to make such payments; and proper officials of the City are hereby authorized and directed to transfer and deposit in the Interest and Sinking Fund such current funds (including earnings realized from the investment of the proceeds of sale of the Bonds) which, together with the accrued interest received from the initial purchasers, will be sufficient to pay the payments on the Bonds on February 15, 2000 and August 15, 2000. -14- WYLIEG-1.WPD SECTION 11: Mutilated-Destroyed-Lost and Stolen Bonds. In case any Bond shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Bond of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Bond, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated, or destroyed, lost or stolen. Every replacement Bond issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds. SECTION 12: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s)thereof at maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or(ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s)thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as "arbitrage bonds"within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, -15- WYLIEG-1.WPD or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of four (4)years after the Stated Maturity, or applicable redemption date, of the Bonds such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. The term "Government Securities", as used herein, means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which are non-callable prior to the respective Stated Maturities of the Bonds and may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form. SECTION 13: Ordinance a Contract-Amendments-Outstanding Bonds. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may,without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1)extend the time or times of payment of the principal of, premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Bonds, (2)give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required to be held by Holders for consent to any such amendment, addition, or rescission. The term "Outstanding"when used in this Ordinance with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Ordinance, except: (1) those Bonds cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds deemed to be duly paid by the City in accordance with the provisions of Section 12 hereof; and (3) those mutilated, destroyed, lost, or stolen Bonds which have been replaced with Bonds registered and delivered in lieu thereof as provided in Section 11 hereof. 16- WYLI£G-1.WPD SECTION 14: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section 14, the following terms have the following meanings: "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. "Investment'has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment"means any investment property, as defined in section 148(b)of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond 17- WYLIEG-1.WPD law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or(3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds. -18- WYLIEG-1.WPD (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b)of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2)and (3)of section 148(f)of the code with respect to the Certificates without making the payments for the United States described in such section. Specifically, the City warrants and represents that: (1) the City is a governmental unit with general taxing powers; (2) at least 95% of the net proceeds of the Bonds will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000. Provided, however, should additional tax exempt obligations be issued or incurred, including lease purchase financings, in the 1999 calendar year which would cause the total face amount of tax exempt obligations issued and incurred in such calendar year to exceed $5,000,000, the City agrees and covenants that it will maintain complete records regarding the investments of the proceeds of sale of the Bonds and rebate any"arbitrage profits" to the United States as required by Section 148(f) of the Code. (i) Elections. The City hereby directs and authorizes the City Manager and Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. (j) Qualified Tax Exempt Obligations. In accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Bonds to be "qualified tax exempt obligations" in that the Bonds are not"private activity bonds" as defined in the Code and the reasonably anticipated amount of"qualified tax exempt obligations"to be issued by the City (including all subordinate entities of the City)for the calendar year in which the Bonds are issued will not exceed $10,000,000. SECTION 15: Sale of Bonds. Pursuant to a public sale for the Bonds, the bid submitted by (herein referred to as the "Purchasers") is declared to be the best bid received producing the lowest net effective interest cost to the City, -19- WYLIEG-1.WPD and the sale of the Bonds to said Purchasers at the price of par and accrued interest to the date of delivery, plus a premium of$ , is hereby approved and confirmed. Delivery of the Bonds to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 16: Official Statement. The Official Statement, together with all amendments and supplements thereto issued on behalf of the City, prepared in the initial offering and sale of the Bonds by the City is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Official Statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The use of such Official Statement in the reoffering of the Bonds by the Purchasers is hereby approved and authorized. SECTION 17: Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the initial purchasers. Furthermore, the Mayor, Mayor Pro Tern, City Secretary, City Manager and Director of Finance, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Bonds, including certifications as to facts, estimates, circumstances and reasonable expectations pertaining to the use, expenditure, and investment of the proceeds of the Bonds, as may be necessary for the approval of the Attorney General, the registration by the Comptroller of Public Accounts and the delivery of the Bonds to the purchasers, and, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the purchasers and the initial exchange thereof for definitive Bonds. SECTION 18: Proceeds of Sale. The proceeds of sale of the Bonds, excluding the accrued interest and premium, if any, received from the purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized shall be expended for such authorized projects and purposes or deposited in the Interest and Sinking Fund as shall be determined by the City Council. Accrued interest and premium, if any, received from the Purchasers as well as surplus proceeds of sale of the Bonds, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Interest and Sinking Fund. SECTION 19: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. 20- WYLIEG-1.WPD In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 20: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be returned to the City. SECTION 21: Legal Opinion. The obligation of the Purchasers to accept delivery of the Bonds is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Attorneys, Dallas, Texas, approving such Bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such Bonds. A true and correct reproduction of said opinion is hereby authorized to be printed on the definitive Bonds or an executed counterpart thereof shall accompany the global Bonds deposited with the Depository Trust Company. SECTION 22: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 23: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 24: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 25: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 26: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. wxLiec-i.weo -21- SECTION 27: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural,words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 28: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 29: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 1999) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 16 of this Ordinance, being the information described in Exhibit B hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit B hereto and (2)audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB)that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. 22- WYLIEG-1.WPD (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of holders of the Bonds; 8. Bond calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Bonds; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person"with respect to the Bonds within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Bond calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. -23- WYLIEG-1.WPD No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2)either(a)the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Bonds from lawfully purchasing or selling Bonds in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data filed with each NRMSIR and SID pursuant to subsection (b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 30: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 31: Effective Date. This Ordinance shall be in force and effect from and after its passage on the date shown below and it is so ordained. PASSED AND ADOPTED, this September 14, 1999. CITY OF WYLIE, TEXAS Mayor ATTEST: 24- WYLIEG-1.WPD City Secretary (City Seal) -25- WYLI£G-1.WPD Exhibit B to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 29 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix D, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 15 in the Official Statement. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. WYLIEG-1.WPD WYLIE CITY COUNCIL AGENDA ITEM NO. 3. September 14, 1999 Issue Consider and act upon the approval of an Ordinance authorizing the issuance of$1,380,000 Waterworks and Sewer System Revenue Bonds, Series 1999", dated September 1, 1999 and all other matters related thereto. Background The City is issuing the first $1,380,000 of the $4,250,000 in water and sewer system revenue bonds authorized by the election held on May 8, 1999. The bids for the Bonds will be publicly opened and read at the offices of the Financial Advisor, at 11:00 AM, CDT, Tuesday, September 14, 1999. The bonds are being sold in one block on an "All or None" basis. The sale of the Bonds will be awarded to the bidder making a bid that conforms to the Bidding Instructions and which produces the lowest True Interest Cost rate to the City. The bidders on municipal bonds are typically financial institutions or groups that intend to retail the bonds to institutions or individual investors. The City's Financial Advisors, First Southwest Company, will present the results of the bidding at the Council meeting on September 14, 1999. Other Considerations The City Council can take action to award the Bonds or reject all bids at this meeting. If the bonds are awarded, the Council will need to adopt an ordinance authorizing the Bonds and approving the Official Statement (the "Ordinance"). A Good Faith Deposit of$27,600 will be required from the successful bidder. Financial Considerations The proposed bond ordinance states that the revenues of the Water and Sewer System (System) will be used first to pay the operating and maintenance costs of the System and then to pay the debt on the revenue bonds. The bond ordinance also establishes a Reserve Fund that is equal to one year's average debt service. The average annual debt service payment over the twenty year amortization of the $1.3 8 million in new bonds is estimated to be $114,020. The Reserve Fund will be funded from the proceeds of this bond sale. Board/Commission Recommendation N/A Staff Recommendation The Staff recommends that the City Council adopt the proposed ordinance authorizing the issuance of "$1,380,000 Waterworks and Sewer System Revenue Bonds, Series 1999" per the recommendation of the First Southwest Company. Attachments Draft of the Bond Ordinance / I)/ Prepare by evi d by Financ City Man er Approval ORDINANCE NO. AN ORDINANCE authorizing the issuance of "CITY OF WYLIE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1999"; pledging the net revenues of the City's Waterworks and Sewer System to the payment of the principal of and interest on said Bonds; enacting provisions incident and related to the issuance, payment, security and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. WHEREAS, the City Council of the City of Wylie, Texas hereby finds and determines that e election held a 1, 1999 forncipal improvements and extensions to the City's unt of revenue bonds approved and hcomb combined Waterworks and orized to be issued at an y Sewer System should be issued and sold at this time; and WHEREAS, the Council hereby reserves and retains the right to issue the balance of unissued bonds approved at said election in the principal amount of $2,870,000 in one or more installments when, in the judgment of the Council, funds are needed to accomplish the purposes for which such bonds were voted; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Authorization-Designation-Principal Amount - Purpose. Revenue bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $1,380,000 to be designated and bear the title "CITY OF WYLIE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1999" (hereinafter referred to as the"Bonds"), for improvements and extensions to the City's combined Waterworks and Sewer System, in conformity with the Constitution and laws of the State of Texas, including Articles 1111, et. seq. and 2368a, as amended, V.A.T.C.S. SECTION 2: Fully Registered Obligations -Authorized Denominations-Stated Maturities - Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated September 1, 1999 (the"Bond Date") and, other than the single fully registered Initial Bond referenced in Section 8 hereof, shall be in denominations of $5,000 or any integral multiple thereof(within a Stated Maturity), shall be numbered consecutively from One (1) upward and shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at per annum rates in accordance with the following schedule: WYLIER-1.WPD Year of Principal Interest Stated Maturity Amount Rate(s) 2000 $ 40,000 % 2001 40,000 % 2002 45,000 % 2003 45,000 0/0 2004 50,000 0/0 2005 50,000 0/0 2006 55,000 0/0 2007 55,000 % 2008 60,000 % 2009 65,000 % 2010 65,000 cyo 2011 70,000 % 2012 75,000 0/0 2013 80,000 0/0 2014 85,000 % 2015 90,000 cyo 2016 95,000 0/0 2017 100,000 % 2018 105,000 % 2019 110,000 % The Bonds shall bear interest on the unpaid principal amounts from the Bond Date at the rate(s) per annum shown in the above schedule (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Bonds shall be payable on February 15 and August 15 in each year, commencing February 15, 2000. SECTION 3: Terms of Payment - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter called the"Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America,which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Chase Bank of Texas, National Association to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Bonds (the"Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/ Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Bonds. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such -2- WYLIER-1.WPD capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities or upon the earlier redemption thereof, only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest on the Bonds shall be paid to the Holders whose names appear in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/ Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a non-payment of interest on one or more maturities on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment for such maturity or maturities (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder of such maturity or maturities appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. (a)Optional Redemption.The Bonds having Stated Maturities on and after February 15, 2010, shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/ Registrar), on February 15, 2009 or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b)Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. (c) Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Bonds as representing the number of Bonds Outstanding which is obtained by dividing the -3- WYLIER-1.WPD principal amount of such Bonds by$5,000 and shall select the Bonds to be redeemed within such Stated Maturity by lot. (c) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Bond to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to prior redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. SECTION 5: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each registered owner of the Bonds issued under and pursuant to the provisions of this Ordinance. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/ Registrar. Upon surrender for transfer of any Bond (other than the Initial Bonds authorized in Section 8 hereof) at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds, executed on behalf of, and furnished by, the City of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds (other than the Initial Bonds authorized in Section 8 hereof) may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the -4- WYLIER-1.WPD Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Bonds are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Bonds, executed on behalf of, and furnished by, the City, to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the Designated Payment/Transfer Office of the Paying Agent/Registrar, or sent by United States Mail, first class postage prepaid, to the Holder and, upon the delivery thereof, the same shall be valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be"Predecessor Bonds," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued, registered and delivered in lieu thereof pursuant to Section 30 hereof and such new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange any Bond called for redemption, in whole or in part,within 45 days of the date fixed for redemption of such Bond; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Bonds, the City hereby approves and authorizes the use of"Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be deposited with DTC who shall hold said Bonds for its participants (the "DTC Participants"). While the Bonds are held by DTC under the Depository Agreement, the Holder of the Bonds on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Bond (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Bonds or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as -5- WYLIER-I.WPD securities depository for the Bonds, the City covenants and agrees with the Holders of the Bonds to cause Bonds to be printed in definitive form and provide for the Bond certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Bonds in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution- Registration. The Bonds shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Bond Date shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them shall cease to hold such offices at the time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/ Registrar, and either such certificate upon any Bond duly signed shall be conclusive evidence, and the only evidence, that such Bond has been duly certified, registered and delivered. SECTION 8: Initial Bond(s). The Bonds herein authorized shall be initially issued either (i) as a single fully registered bond in the total principal amount referenced in Section 1 hereof with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or(ii) as multiple fully registered bonds, being one bond for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Bond(s)") and, in either case, the Initial Bond(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Bond(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Certificate of Registration, and the form of Assignment to be printed on each of the Bonds, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are -6- WYLIER-1.WPC) permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Bonds, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Bonds as evidenced by their execution thereof. Any portion of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Bonds as evidenced by their execution thereof. B. Form of Definitive Bond. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF WYLIE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BOND, SERIES 1999 Bond Date: Interest Rate: Stated Maturity: CUSIP NO: September 1, 1999 Registered Owner: Principal Amount: DOLLARS The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Collin, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, solely from the revenues hereinafter identified, on the Stated Maturity date specified above the Principal Amount stated above (or so much thereof as shall not have been paid upon prior redemption)and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on the unpaid Principal Amount hereof from the Bond Date at the per annum rate of interest specified above; such interest being payable on February 15 and August 15 of each year, commencing February 15, 2000. Principal of this Bond is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however, while this Bond is registered to Cede & Co., the payment of principal upon a partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Bond. Interest is payable to the registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced)whose -7- WYLIER-1.WPD name appears on the "Security Register" maintained by the Paying Agent/ Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date and interest shall be paid by the Paying Agent/ Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Bond is one of the series specified in its title issued in the aggregate principal amount of$1,380,000 (herein referred to as the "Bonds") for the purpose of making improvements and extensions to the City's combined Waterworks and Sewer System, under and in strict conformity with the Constitution and laws of the State of Texas, including Articles 1111 et. seq. and 2368a, V.A.T.C.S., and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Bonds maturing on and after February 15, 2010, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2009 or on any date thereafter at the redemption price of par plus accrued interest thereon to the redemption date. At least thirty days prior to the date fixed for any redemption of Bonds, the City shall cause a written notice of such redemption to be sent by United States Mail, first class postage prepaid, to the registered owners of each Bond to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Bond (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date such Bond (or the portion of its principal sum to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event a portion of the principal amount of a Bond is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Bond to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Bond is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Bond to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Bond redeemed in part. The Bonds are special obligations of the City are payable solely from and equally and ratably secured by a first lien on and pledge of the Net Revenues (as defined in the Ordinance) -8- WYLIER-1.WPD of the City's combined Waterworks and Sewer System (the "System"). The Bonds do not constitute a legal or equitable pledge, charge, lien or encumbrance upon any property of the City or the System, except with respect to the Net Revenues. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Subject to satisfying the terms and conditions prescribed therefor, the City has reserved the right to issue additional revenue obligations payable from and equally and ratably secured by a parity lien on and pledge of the Net Revenues of the System, in the same manner and to the same extent as the Bonds. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the security for the Bonds; the properties constituting the System; the Net Revenues pledged to the payment of the principal of and interest on the Bonds; the nature and extent and manner of enforcement of the lien and pledge securing the payment of the Bonds; the terms and conditions for the issuance of additional revenue obligations; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the liens, pledges, charges and covenants made therein may be discharged at or prior to the maturity or redemption of this Bond, and this Bond deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, may treat the registered owner hereof whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of non-payment of interest on a scheduled payment date and for thirty (30)days thereafter, a new record date for such interest payment(a"Special Record Date")will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, -9- WYLIER-1.WPD to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and covenanted that the City is a duly organized and legally existing municipal corporation under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by a pledge of the Net Revenues of the System as aforestated. In case any provision in this Bond or any application thereof shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City as of the Bond Date. CITY OF WYLIE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) -10- WYLIER-1.WPD C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bond(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER ) OF PUBLIC ACCOUNTS ) REGISTER NO. THE STATE OF TEXAS ) I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts (SEAL) of the State of Texas *NOTE TO PRINTER: Do not print on definitive bonds D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered in the name of the Registered Owner shown above under the provisions of the within-mentioned Ordinance; the bond or bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar in Dallas, Texas, is the Designated Payment/Transfer Office" for this Bond. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as Paying Agent/Registrar Registration date: By Authorized Signature -11- WYLIER-I.WPD E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: ) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment Signature guaranteed: must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. F. The Initial Bond(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the bond the headings "Interest Rate and "Stated Maturity " shall both be omitted; (ii) Paragraph one shall read as follows: The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Collin, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, solely from the revenues hereinafter identified, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest, computed on the basis of a 360-day year of twelve 30-day months, on the unpaid principal amounts hereof from the Bond Date at the per annum rates of interest specified above; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2000. Principal installments of this Bond are payable in the year of maturity or on a prepayment date to the registered owner hereof by Chase Bank of Texas, National Association (the "Paying Agent/Registrar"), upon presentation and surrender, at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Bond whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the -12- WYLIER-1.WP0 close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For all purposes of this Ordinance and in particular for clarity with respect to the issuance of the Bonds herein authorized and the pledge and appropriation of revenues to the payment of the Bonds, the following definitions are provided: "Additional Parity Bonds"- Revenue bonds or other evidences of indebtedness which the City reserves the right to issue or enter into, as the case may be, in the future under the terms and conditions provided in Section 19 of this Ordinance and which, together with the Bonds, are equally and ratably secured by a first lien on and pledge of the Net Revenues of the System. "Average Annual Debt Service"-That average amount which, at the time of computation,will be required to pay the Debt Service of obligations when due and derived by dividing the total of such Debt Service by the number of years then remaining before final maturity. Capitalized interest payments provided from proceeds of Bonds Similarly Secured shall be excluded in making the aforementioned computation. "Bonds" - The "City of Wylie, Texas, Waterworks and Sewer System Revenue Bonds, Series 1999", dated September 1, 1999, authorized by this Ordinance. "Bonds Similarly Secured" - Collectively the Bonds and Additional Parity Bonds. "City" - The City of Wylie located in the County of Collin, Texas. "Debt Service" -As of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of Bonds Similarly Secured without a fixed numerical rate, that such obligations bear, or would have borne, interest at the highest rate reached, or that would have applied to such obligations (using the index or method for computing interest applicable to such obligations) during the twenty-four (24) month -13- WYLIER-1.WPD period next preceding the date of computation; and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to maturity, the principal amounts thereof will be redeemed prior to maturity in accordance with the mandatory redemption provisions applicable thereto. "Fiscal Year" - The twelve month accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City. "Government Obligations" - Direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and United States Treasury obligations such as its State and Local Government Series in book-entry form. "Gross Revenues" - All income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction)of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of the Bonds Similarly Secured and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. "Maintenance and Operating Expenses"-All current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues". Depreciation charges shall not be considered Maintenance and Operating Expenses. Maintenance and Operating Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods or services for the System to the extent authorized by law and the provisions of such contract. "Net Earnings" - The meaning assigned to such term in Section 19 hereof. "Net Revenues" - Gross Revenues of the System, with respect to any period, after deducting the System's Maintenance and Operating Expenses during such period. -14- WYLIER-1.WPC) "Outstanding" - When used in this Ordinance with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Ordinance, except: (1) those Bonds cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds deemed to be duly paid by the City in accordance with the provisions of Section 28 hereof; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 30 hereof. "Required Reserve"-The amount required to be accumulated and maintained in the Reserve Fund under the provisions of Section 15. "System"-All properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto; provided, however, that notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term "System" shall not mean to include facilities of any kind which are declared not to be a part of the System and which are acquired or constructed by or on behalf of the City with the proceeds from the issuance of"Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not Bonds but which are payable from and secured by other liens on and pledges of any revenues, sources or payments, not pledged to the payment of the Bonds including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facilities. SECTION 11: Pledge. That the City hereby covenants and agrees that the Net Revenues of the System,with the exception of those in excess of the amounts required for the payment and security of the Bonds Similarly Secured, are hereby irrevocably pledged to the payment and security of the Bonds and Additional Parity Bonds, if issued, including the establishment and maintenance of the special funds created and established for the payment and security thereof, all as hereinafter provided; and it is hereby ordained that the Bonds Similarly Secured, and the interest thereon, shall constitute a first lien on the Net Revenues of the System and be valid and binding without any physical delivery thereof or further act by the City. -15- WYLIER-1.WPD SECTION 12: Rates and Charges. That, for the benefit of the Holders of the Bonds and in addition to all provisions and covenants in the laws of the State of Texas and in this Ordinance, the City hereby expressly stipulates and agrees, while any of the Bonds are Outstanding, to establish and maintain rates and charges for facilities and services afforded by the System that are reasonably expected, on the basis of available information and experience and with due allowance for contingencies, to produce Gross Revenues in each Fiscal Year sufficient: (1) To pay Maintenance and Operating Expenses, depreciation charges and replacement and betterment costs, (2) To produce Net Revenues sufficient to pay the principal of and interest on the Bonds Similarly Secured and the amounts required to be deposited in any reserve or contingency fund created for the payment and security of the Bonds Similarly Secured, and other obligations or evidences of indebtedness issued or incurred that are payable only from and secured solely by a lien on and pledge of the Net Revenues of the System, and (3) To produce Net Revenues equal to at least 1.20 times the Average Annual Debt Service for the then outstanding Bonds Similarly Secured. SECTION 13: Water and Sewer System Fund. The City hereby covenants and agrees that Gross Revenues of the System (excluding earnings and income derived from the investment or deposit of moneys in the Bond Fund and Reserve Fund) shall be deposited, as collected and received, into a separate account (created, established and maintained with a depository bank of the City) known as the"Water and Sewer System Fund" (herein called the "System Fund") and the Gross Revenues of the System shall be kept separate and apart from all other funds of the City. All revenues deposited in the System Fund shall be pledged and appropriated to the extent required for the following uses and in the order of priority shown: FIRST: To the payment of all necessary and reasonable Maintenance and Operating Expenses as defined herein or required by statute to be a first charge on and claim against the Gross Revenues thereof. SECOND: To the payment of the amounts required to be deposited in the Bond Fund created and established for the payment of Debt Service on the Bonds Similarly Secured as the same becomes due and payable. THIRD: To the payment of the amounts required to be deposited in the Reserve Fund to establish and maintain the Required Reserve in accordance with the provisions of this Ordinance or any other ordinance relating to issuance of Bonds Similarly Secured. -16- WYLIER-1.WPD Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 14: Bond Fund. For purposes of providing funds to pay the principal of and interest on the Bonds Similarly Secured as the same becomes due and payable, the City hereby covenants and agrees to maintain at a depository bank of the City a separate and special account or fund known as the"City of Wylie Interest and Sinking Revenue Bond Fund" (the "Bond Fund"). The City covenants that there shall be deposited from the Net Revenues into the Bond Fund prior to each principal and interest payment date an amount equal to one hundred per centum (100%) of the amount required to fully pay the interest on and the principal of the Bonds then falling due and payable, such deposits to pay maturing principal and accruing interest on the Bonds to be made in substantially equal monthly installments on or before the 1st day of each month, beginning on or before the 1st day of the month next following the month the Bonds are delivered to the initial purchaser(s). If the Net Revenues in any month are insufficient to make the required payments into the Bond Fund, then the amount of any deficiency in the payment shall be added to the amount otherwise required to be paid into the Bond Fund in the next month. The required monthly deposits to the Bond Fund for the payment of principal of and interest on the Bonds shall continue to be made as hereinabove provided until such time as (i)the total amount on deposit in the Bond Fund and Reserve Fund is equal to the amount required to fully pay and discharge all outstanding Bonds Similarly Secured (principal and interest) or (ii) the Bonds are deemed to be paid in accordance with the provisions of Section 28 hereof. Accrued interest and premium, if any, received from the purchaser(s)of the Bonds, as well as earnings derived from the investment of moneys in the Bond Fund and any proceeds of the Bonds not required to complete the improvements and extensions to the System and deposited in the Bond Fund, shall be taken into consideration and reduce the amount of the monthly deposits otherwise required to be deposited in the Bond Fund from the Net Revenues of the System. SECTION 15: Reserve Fund. For purposes of accumulating and maintaining funds as a reserve for the payment of the Bonds Similarly Secured, the City hereby covenants and agrees to maintain a separate and special fund or account known as the "City of Wylie Revenue Bond Reserve Fund" (the "Reserve Fund"), and all funds deposited therein (excluding earnings and income derived or received from deposits or investments which may be transferred to the System Fund referenced in Section 13 hereof during such periods as there is on deposit in the Reserve Fund the Required Reserve) shall be used solely for the payment of the principal of and interest on the Bonds Similarly Secured, when and to the extent other funds available for such purposes are insufficient, and, in addition, may be used to the extent not required to maintain the"Required Reserve", to pay, or provide for the payment of, the final principal amount of a series of Bonds Similarly Secured so that such series of Bonds Similarly Secured is no longer deemed to be "Outstanding"within the meaning of Section 28 hereof. By reason of the issuance of the Bonds, the total amount required to be accumulated and maintained in said Fund is hereby determined to be $ (the "Required Reserve") which amount is hereby found to equal or exceed the Average Annual Debt Service for the Bonds (calculated on a Fiscal Year basis as of the date the Bonds are to be delivered). The City agrees -17- WYLIER-1.WPD that beginning on or before the 1st day of the month next following the month the Bonds are delivered to the initial purchasers and on or before the 1st day of each following month until the Required Reserve has been fully accumulated, there shall be deposited into the Reserve Fund from the Net Revenues of the System an amount equal to at least 1/60th of the Required Reserve. As and when Additional Parity Bonds are delivered or incurred,the Required Reserve shall be increased, if required, to an amount equal to not less than the Average Annual Debt Service (calculated on a Fiscal Year basis) for all Bonds Similarly Secured then outstanding, as determined on the date each series of Bonds are delivered or incurred, as the case may be. Any additional amount required to be maintained in the Reserve Fund shall be so accumulated by the deposit in the Reserve Fund of all or any part thereof in cash immediately after the delivery of the then proposed Additional Parity Bonds, or, at the option of the City, by the deposit of monthly installments, made on or before the 1st day of each month following the month of delivery of the then proposed Additional Parity Bonds, of not less than 1/60th of the additional amount to be maintained in said Fund by reason of the issuance of the Additional Parity Bonds then being issued (or 1/60th of the balance of the additional amount not deposited immediately in cash). When and so long as the cash and investments in the Reserve Fund total not less than the Required Reserve, no deposits need be made to the credit of the Reserve Fund; but, if and when the Reserve Fund at any time contains less than the Required Reserve (other than as the result of the issuance of Additional Parity Bonds as provided in the preceding paragraph), the City covenants and agrees to cure the deficiency in the Required Reserve by making monthly deposits to said Fund from the Net Revenues of the System, such monthly deposits to be in amounts equal to not less than 1/60th of the then total Required Reserve to be maintained in said Fund and to be made on or before the 1st day of each month until the total Required Reserve then to be maintained in said Fund has been fully restored. The City further covenants and agrees that, subject only to the payments to be made to the Bond Fund, the Net Revenues shall be applied and appropriated and used to establish and maintain the Required Reserve and to cure any deficiency in such amounts as required by the terms of this Ordinance and any other ordinance pertaining to the issuance of Bonds Similarly Secured. During such time as the Reserve Fund contains the total Required Reserve, the City may, at its option, withdraw all surplus in the Reserve Fund in excess of the Required Reserve and deposit such surplus in the System Fund. The City hereby designates its depository bank or banks as the custodian of the Reserve Fund. Notwithstanding anything herein to the contrary, the City retains the right to fund the Required Reserve in whole or in part with a surety bond or insurance policy issued by an insurance company or other entity that is rated either for the long term unsecured debt of the issuer of such surety bond or for obligations insured, secured or guaranteed by such issuer have a rating in the highest letter category by two major municipal securities rating or evaluation services, and money deposited to the credit of the Reserve Fund may be used to make any payments required to satisfy the City's repayment obligation to the issuer of such surety bond or insurance policy in the same manner and with like effect as if such payments were being used to accumulate, maintain or restore the Required Reserve in cash or with authorized investments. -18- WYLIER-1.WPO SECTION 16: Deficiencies; Excess Net Revenues. (a) If on any occasion there shall not be sufficient Net Revenues of the System to make the required deposits into the Bond Fund and the Reserve Fund, then such deficiency shall be cured as soon as possible from the next available Net Revenues of the System, or from any other sources available for such purpose. (b) Subject to making the required deposits to the Bond Fund and the Reserve Fund when and as required by this Ordinance, or any ordinance authorizing the issuance of Bonds Similarly Secured, the excess Net Revenues may be used by the City for any lawful purpose. SECTION 17: Payment of Bonds. While any of the Bonds are Outstanding, the City's chief financial officer shall cause to be transferred to the Paying Agent/Registrar therefor, from funds on deposit in the Bond Fund, and, if necessary, in the Reserve Fund, amounts sufficient to fully pay and discharge promptly as each installment of interest and principal of the Bonds accrues or matures or comes due by reason of redemption prior to maturity; such transfer of funds to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar for the Bonds at the close of the business day next preceding the date of payment for the Bonds. SECTION 18: Investments - Security of Funds. (a) Money in any Fund referred to in this Ordinance may, at the option of the City, be placed in time deposits or certificates of deposit secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, including investments held in book-entry form, in direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from any Fund will be available at the proper time or times. Such investments (except State and Local Government Series investments held in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market value within 45 days of the close of each Fiscal Year and, with respect to investments held for the account of the Reserve Fund, within 30 days of the date of passage of each ordinance authorizing the issuance of Additional Parity Bonds. All interest and income derived from deposits and investments in the Bond Fund immediately shall be credited to, and any losses debited to, the Bond Fund. All interest and interest income derived from deposits in and investments of the Reserve Fund shall, subject to the limitations provided in Section 14 hereof, be credited to and deposited in the System Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. (b) Money in all Funds created by this Ordinance, to the extent not invested, shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds. SECTION 19: Issuance of Additional Parity Obligations. Subject to the provisions hereinafter appearing as to conditions precedent which must be satisfied, the City reserves the -19- WYLIER-I.WPD right to issue, from time to time as needed, Additional Parity Bonds for any lawful purpose. Such Additional Parity Bonds may be issued in such form and manner as now or hereafter authorized by the laws of the State of Texas for the issuance of evidences of indebtedness or other instruments, and should new methods or financing techniques be developed that differ from those now available and in normal use, the City reserves the right to employ the same in its financing arrangements provided only that the following conditions precedent for the authorization and issuance of the same are satisfied, to wit: (1) The Director of Finance of the City (or other officer of the City then having the primary responsibility for the financial affairs of the City) shall have executed a certificate stating (a) that, to the best of his knowledge and belief, the City is not then in default as to any covenant, obligation or agreement contained in any ordinance or other proceeding relating to any obligations of the City payable from and secured by a lien on and pledge of the Net Revenues of the System that would materially affect the security or payment of such obligations and (b) either (i) payments into all special funds or accounts created and established for the payment and security of all outstanding obligations payable from and secured by a lien on and pledge of the Net Revenues of the System have been made and that the amounts on deposit in such special funds or accounts are the amounts then required to be on deposit therein or (ii) the application of the proceeds of sale of such obligations then being issued will cure any such deficiency. (2) The Additional Parity Bonds shall be scheduled to mature or be payable as to principal on February 15 or August 15 (or both) in each year the same are to be outstanding or during the term thereof. (3) The City has secured a certificate or opinion of a Certified Public Accountant to the effect that, according to the books and records of the City, the Net Earnings, for the preceding Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the issuance of the Additional Parity Bonds is adopted, are at least equal to 1.25 times the Average Annual Debt Service for all outstanding Bonds Similarly Secured after giving effect to the issuance of the Additional Parity Bonds then being issued. In making a determination of the Net Earnings, the Accountant may take into consideration a change in the rates and charges for services and facilities afforded by the System that became effective at least sixty (60) days prior to the last day of the period for which Net Earnings are determined and, for purposes of satisfying the above Net Earnings test, make a pro forma determination of the Net Earnings of the System for the period of time covered by his certification or opinion based on such change in rates and charges being in effect for the entire period covered by the Accountant's certificate or opinion. -20- WYLIER-1.WPD As used in this Section, the term "Net Earnings" shall mean the Gross Revenues of the System after deducting the Maintenance and Operating Expenses of the System, but not depreciation charges or expenditures which, under generally accepted accounting principles, should be charged to capital expenditures. SECTION 20: Refunding Bonds. The City reserves the right to issue refunding bonds to refund all or any part of the outstanding Bonds Similarly Secured (pursuant to any law then available) upon such terms and conditions as the City Council of the City may deem to be in the best interest of the City and its inhabitants, and if less than all such outstanding Bonds Similarly Secured are refunded, the conditions precedent prescribed (for the issuance of Additional Parity Bonds) set forth in subparagraph (3) of Section 19 shall be satisfied and the Accountant's certificate or opinion required in subparagraph (3) shall give effect to the Debt Service of the proposed refunding bonds (and shall not give effect to the Debt Service of the Bonds Similarly Secured being refunded following their cancellation or provision being made for their payment). SECTION 21: Obligations of Inferior Lien and Pledge. The City hereby reserves the right to issue obligations payable from and secured by a lien on and pledge of the Net Revenues of the System, junior and subordinate in rank and dignity to the lien and pledge securing the payment of the Bonds Similarly Secured, as may be authorized by the laws of the State of Texas. SECTION 22: Maintenance and Operation - Insurance. The City covenants that the System shall be maintained in good condition and operated in an efficient manner and at reasonable cost. While any Bonds are Outstanding, the City agrees to maintain casualty and other insurance on the System of a kind and in an amount customarily carried by municipal corporations engaged in a similar type of business. Nothing in this Ordinance shall be construed as requiring the City to expend any funds derived from sources other than the operation of the System, but nothing herein shall be construed as preventing the City from doing so. SECTION 23: Sale or Lease of Properties. The City, to the extent and in the manner authorized by law, may sell or exchange for consideration representing the fair value thereof, as determined by the City Council of the City, any property not necessary or required in the efficient operations of the System, or any equipment not necessary or useful in the operations thereof or which is obsolete, damaged or worn out or otherwise unsuitable for use in the operation of the System. The proceeds of any sale of properties of the System shall be deposited in the System Fund. SECTION 24: Records and Accounts. The City hereby covenants and agrees that while any of the Bonds remain Outstanding, it will keep and maintain separate and complete records and accounts pertaining to the operations of the System in which complete and correct entries shall be made of all transactions relating thereto, as provided by Article 1113, V.A.T.C.S. or other applicable law. The Holders of any Bonds or any duly authorized agent or agents of such Holders shall have the right at all reasonable times to inspect such records, accounts and data relating thereto, and to inspect the System and all properties comprising same. The City further agrees that following the close of each Fiscal Year, it will cause an audit of such books and accounts to be made by an independent firm of Certified Public Accountants. Each such audit, in addition to whatever other matters may be thought proper by the Accountant, shall particularly include the following: -21- WYLIER-1.WPD (a) A statement of the income and expenses of the System for such Fiscal Year. (b) A balance sheet for the System as of the end of such Fiscal Year. (c) A statement describing the sources and application of funds of the System for such Fiscal Year. (d) The Accountant's comments regarding the manner in which the City has carried out the requirements of this Ordinance and any other ordinance authorizing the issuance of Bonds Similarly Secured and his recommendations for any changes or improvements in the operations, records and accounts of the System. (e) A list of insurance policies in force at the end of the Fiscal Year covering the properties of the System, setting out as to each policy the amount thereof, the risk covered, the name of the insurer and the policy's expiration date. Expenses incurred in making an annual audit of the operations of the System are to be regarded as Maintenance and Operating Expenses. Copies of each annual audit shall be furnished to the Executive Director of the Municipal Advisory Council of Texas at his office in Austin, Texas, and, upon request, to the original purchaser of the Bonds and subsequent holders or owners of any of said Bonds. The audits herein required shall be made within 120 days following the close of each Fiscal Year insofar as is possible. SECTION 25: Special Covenants. The City further covenants and agrees by and through this Ordinance as follows: (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Bonds to the extent provided herein and has lawfully exercised said power under the Constitution and laws of the State of Texas, and that the Bonds issued hereunder, together with the Previously Issued Bonds and Additional Parity Bonds, if issued, shall be ratably secured in such manner that no one Bond shall have preference over any other Bond of said issues. (b) The Net Revenues of the System have not been in any manner pledged or encumbered to the payment of any debt or obligation of the City or the System, save and except for the Bonds and the outstanding "City of Wylie, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1990" and "City of Wylie, Texas, Tax and Waterworks and Sewer System Surplus Revenue Refunding Bonds, Series 1993". (c) No free services of the System shall be allowed, and should the City or any of its agents or instrumentalities make use of -22- WYLIER-1.WPD the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out of funds from sources other than the revenues and income of the System. (d)To the extent that it legally may, the City further covenants and agrees that, so long as any of the Bonds or any interest thereon are Outstanding, no franchise shall be granted for the installation or operation of any waterworks or sewer system other than those owned by the City, and the operation of any such system by anyone other than this City is hereby prohibited. (e) The City will comply with all of the terms and conditions of any and all franchises, permits and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorizations and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation and maintenance of the System. SECTION 26: Remedy in Event of Default. In addition to all rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in payments to be made to the Bond Fund or the Reserve Fund as required by this Ordinance or (b) defaults in the observance or performance of any other of the covenants, conditions or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to a writ of mandamus issued by a court of proper jurisdiction, compelling and requiring the City and its officers to observe and perform any covenant, condition or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedy herein provided shall be cumulative of all other existing remedies and the specification of such remedy shall not be deemed to be exclusive. SECTION 27: Special Obligations. The Bonds are special obligations of the City payable from the pledged Net Revenues of the System and the Holders thereof shall never have the right to demand payment thereof out of funds raised or to be raised by taxation. SECTION 28: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of the Net Revenues of the System under this Ordinance and all other obligations of the City to the Holders shall thereupon cease, terminate, and become void and be discharged and satisfied. Bonds or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at maturity or to the redemption date therefor, -23- WYLIER-1.WPD together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Obligations shall have been irrevocably deposited in trust with the Paying Agent/ Registrar, or an authorized escrow agent, which Government Obligations have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s)thereof, on and prior to the Stated Maturity thereof or(if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Obligations will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Obligations held in trust by the Paying Agent/Registrar or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of four(4)years after the Stated Maturity, or applicable redemption date, of the Bonds such moneys were deposited and are held in trust to pay shall, upon the request of the City, be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 29: Ordinance a Contract - Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City, may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds Similarly Secured then outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of the Bonds then outstanding, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 30: Mutilated - Destroyed - Lost and Stolen Bonds. In case any Bond shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Bond of like form and tenor, and in the same denomination and bearing a number -24- WYLIER-1.WP0 not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/ Registrar of evidence satisfactory to the Paying Agent/ Registrar of the destruction, loss or theft of such Bond, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated, or destroyed, lost or stolen. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 31: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder as it appears in the Security Register. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 32: Cancellation. All Bonds surrendered for payment, redemption, transfer or exchange, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 33: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section 33, the following terms have the following meanings: -25- WYLIER-1.WPD "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. "Investment'has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment"means any investment property, as defined in section 148(b)of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. -26- WYLIER-1.WPD (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or(3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b)of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. -27- WYLIER-1.WPD (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2) and (3) of section 148(f) of the Code with respect to the Bonds without making the payments for the United States described in such section. Specifically, the City warrants and represents that (1) the City is a governmental unit with general taxing powers; (2) at least 95% of the net proceeds of the Bonds will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000. (i) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City Manager and Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. (j) Qualified Tax Exempt Obligations. In accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Bonds to be "qualified tax exempt obligations" in that the Bonds are not"private activity bonds" as defined in the Code and the reasonably anticipated amount of"qualified tax exempt obligations"to be issued by the City (including all subordinate entities of the City) for the calendar year 1999 will not exceed $10,000,000. SECTION 34: Sale of Bonds. Pursuant to a public sale for the Bonds, the bid submitted by (herein referred to as the "Purchasers") is declared to be the best bid received producing the lowest true interest cost rate to the City, and the sale of the Bonds to said Purchasers at the price of par and accrued interest to the date of delivery, plus a premium of$ , is hereby approved and confirmed. Delivery of the Bonds to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 35: Official Statement. The Official Statement prepared in the initial offering and sale of the Bonds by the City, together with all addendas, supplements, and amendments thereto issued on behalf of the City, is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Official Statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the -28- WYLIER-1.WPD circumstances under which they were made, not misleading. The use of such Official Statement in the reoffering of the Bonds by the Purchasers is hereby approved and authorized. SECTION 36: Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, City Secretary, City Manager and Director of Finance, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Bonds, including certifications as to facts, estimates, circumstances and reasonable expectations pertaining to the use, expenditure and investment of the proceeds of the Bonds, as may be necessary for the approval of the Attorney General, their registration by the Comptroller of Public Accounts and the delivery of the Bonds to the Purchasers, and, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 37: Proceeds of Sale. The proceeds of sale of the Bonds, excluding the accrued interest received from the purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized shall be expended for such authorized projects and purposes or deposited in the Bond Fund as shall be determined by the City Council. Accrued interest received from the sale of the Bonds and any excess bond proceeds, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Bond Fund. SECTION 38: Legal Opinion. The obligation of the Purchasers to accept delivery of the Bonds is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Attorneys, Dallas, Texas, approving such Bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such Bonds. A true and correct reproduction of said opinion is hereby authorized to be printed on the definitive Bonds or an executed counterpart thereof shall accompany the global Bonds deposited with the Depository Trust Company. SECTION 39: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 40: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being -29- WYLIER-1.WPD intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 41: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 42: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 43: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 44: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural,words of the plural number shall be considered to include the singular, and words of the masculine,feminine or neuter gender shall be considered to include the other genders. SECTION 45: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 1999) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 35 of this Ordinance, being the information described in Exhibit B hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit B hereto and (2)audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID -30- WYLIER-1.WPD with the financial information and operating data and will file the annual audit report when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of holders of the Bonds; 8. Bond calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Bonds; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person"with respect to the Bonds within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Bond calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The -31- WYLIER-1.WPD City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2)either(a)the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Bonds from lawfully purchasing or selling Bonds in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data filed with each NRMSIR and SID pursuant to subsection (b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 46: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. -32- WYLIER-1.WPD SECTION 47: Effective Date. This Ordinance shall be in force and effect from and after its passage on the date shown below and it is so ordained. PASSED AND ADOPTED, this September 14, 1999. CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary (City Seal) -33- WYLIER-1.WP0 Exhibit B to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 45 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 11 of the Official Statement. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. WYLIER-1.WPD WYLIE CITY COUNCIL AGENDA ITEM NO. Li. September 14, 1999 Issue Consider and act upon approval of an Ordinance authorizing the issuance of$410,000 Public Property Finance Contractual Obligations, Series 1999, dated September 1, 1999 and all other matters related thereto. Background The City Council authorized the purchase of a new Quint fire truck to replace Booster#1 on the April 13, 1999 council meeting. The City is proposing to issue$410,000 in public property finance contractual obligations to finance a portion of the cost of a new Quint fire truck. The City has already accumulated $37,000 in the Fleet Replacement Fund towards the replacement of Booster#1. The total costs for this project will include $409,479 for the Quint, $23,000 for City furnished items to ready the truck for service and debt issuance costs. The City's Financial Advisors, First Southwest Company, will present the results of the private placement quote at the Council meeting on September 14, 1999. Other Considerations The City Council can take action to award the Bonds or reject the bid at this meeting. If the bonds are awarded, the Council will need to adopt an ordinance authorizing the Bonds. A Good Faith Deposit is not required from the successful bidder. Financial Considerations The debt service requirements for the Public Property Finance Contractual Obligations will be funded from property taxes. The average annual debt service payment over the seven year amortization of the $410,000 is estimated to be $69,020. Board/Commission Recommendation N/A Staff Recommendation The Staff recommends that the City Council adopt the proposed ordinance authorizing the issue of "$410,000 Public Property Finance Contractual Obligations , Series 1999" per the recommendation of the First Southwest Company. Attachments Draft of the Ordinance Amortization Schedule Prepare By Appr d by Finance / City Man r Approval 9- 9-99: 1O:35AM;FIRST SOUTHWEST CO. ;3365572 # 3/ 4 $410,000 City of Wylie, Texas Public Property Finance Contractual Obligations Series 1999 DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I FISCAL TOTAL 10/20/1999 - - - - - 2/1S/2000 50,000.00 4.100% 8,906.11 58,906.11 - 8/15/2000 - - 8,750.00 8,750.00 - 9130000 - - - - 67,656.11 2115/2001 55,000.00 4.600% 8,750.00 63,750.00 - 8/15/2001 - - 7,485.00 7,485.00 - 9/30/2001 - _ - - 71,235.00 2/15/2002 55,000.00 4.700% 7,485.00 62,48.1.00 - 8/15/2002 - - 6,192.50 6,192,50 - 9/30/2002 - - - - 68,677.50 2/15/2003 60,000.00 4.800% 6,192.50 66,192.50 - 8/15/2003 - - 4,752,50 4,752.50 - 9/30/2003 - - - - 70,945.00 2/15/2004 60,000.00 4.900% 4,752.50 64,752.50 - 8/15/2004 - - 3,282.50 3,282.50 - 9130J2004 - - - - 68,035.00 2/15/2005 65,000.00 5.00054 3,282.50 68,282.50 - 8/15/2005 - - 1,657.50 1,657.50 - 9/30/2005 - - - - 69,940.00 2/15/2006 65,000.00 5.100% 1,657.50 66,657.50 - 9/30/2006 - - - 66,657.50 Total 410,000.00 - 73,146.11 483,146.11 - YIELD STATISTICS Accrued Interest from 09/01/1999 to 10/20/1999 2,660.97 Bond Year Dollars $1,486.78 Average Life 3.626 Years Average Coupon. 4.9197742% Net Interest Cost(NIC) 4.9197742% True Interest Cost(TIC) 4.9138268% Bond Yield for Arbitrage Purposes 4.9183206% All Inclusive Cost(AIC) 4.9183206% IRS FORM M38 Net Interest Cost 4.9256839% Weighted Average Maturity 3.490 Years First Southwest Company File=Wylie.sf-99 PPFCO-SINGLE PURPOSE Public Finance 9/9/1999 10:28 AM 09/09/99 10:41 TX/RX NO.3415 P.003 ■ ORDINANCE NO. AN ORDINANCE approving and authorizing the execution and delivery of"CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 1999"; specifying the terms of such contracts; making provisions for the payment thereof; and resolving other matters incident and related to the execution, performance and payment of such contracts, including the approval and execution of a Paying Agent/Registrar Agreement and the approval of a Private Placement Memorandum; and providing an effective date. WHEREAS, pursuant to V.T.C.A., Local Government Code, Subchapter A of Chapter 271 (the Public Property Finance Act), the City Council is authorized and empowered to execute, perform and make payments under contracts with any person for the use, acquisition or purchase of personal property; and WHEREAS, in accordance with the provisions of the Public Property Finance Act, the City Council hereby finds and determines that the acquisition, use or purchase of certain items of personal property identified in Exhibit A attached hereto, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City, should be financed under and pursuant to one or more contractual obligations to be executed and delivered on the terms and in the form hereinafter prescribed; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Contract Authorization - Contract Amount -Property Identification. Contracts, aggregating in amount$410,000 (the "Aggregate Contract Amount") and entitled "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 1999" (the "Contractual Obligations" or the "Contracts") shall be and are hereby authorized to be executed and delivered with the Initial Contracting Party, and the assigns thereof, to finance the use or the purchase or other acquisition of personal property identified in Exhibit A attached hereto and incorporated herein by reference as a part of this Ordinance for all purposes, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City (the "Property"); all in accordance with and pursuant to authority conferred by the laws of the State of Texas, particularly the Public Property Finance Act. SECTION 2: Fully Registered Form - Contract Date -Authorized Amounts-Installment Payments-Interest Rates. The Contracts shall be made, executed and delivered in fully registered form, bear a date of September 1, 1999 (the"Contract Date"), and, except for the Initial Contract(s) authorized in Section 7 hereof, shall be in authorized amounts of$5,000 or any integral multiple thereof (not to exceed an Installment Amount), and the Aggregate Contract Amount shall be payable in annual installments (the "Installment Amounts") on September 1 in the amounts and interest shall accrue on such Installment Amounts at per annum rate(s) as follows: WYLIEP-1.WPD Interest Payment Date Installment Amount Rate(s) 2000 $50,000 2001 55,000 2002 55,000 0/0 2003 60,000 2004 60,000 9/0 2005 65,000 2006 65,000 Interest on the unpaid Installment Amounts shall accrue from the Contract Date (calculated on the basis of a 360-day year of twelve 30-day months) and such interest shall be payable on February 15 and August 15 in each year, commencing February 15, 2000. SECTION 3: Terms of Payment-Paying Agent/Registrar. The Installment Amounts on each Contract and the interest thereon shall be payable only to the registered contracting party or person (hereinafter called the"Contracting Party") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and such Installment Amounts and the interest payable thereon shall be payable in coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and without exchange or collection charges to the Contracting Party. The selection and appointment of Chase Bank of Texas, National Association to serve as Paying Agent/Registrar for the Contracts is hereby approved and confirmed. Books and records relating to the registration, payment, exchange and transfer of the Contracts (the "Contract Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit B, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are hereby authorized to execute and deliver such Agreement in connection with the delivery of the Contracts. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Contracts are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified to perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Contracts, the City agrees to promptly cause a written notice thereof to be sent to each Contracting Party by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. The Installment Amounts shall be payable when due only upon the presentation and surrender of the Contracts to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest on the Installment Amounts shall be paid to the Contracting Parties which appear in the Contract Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar(i) by check sent United States Mail, first class postage prepaid, to the address of the Contracting Party recorded in the Contract Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Contracting Party. If the date for the payment of an Installment Amount or interest thereon WYLIEP-1.WPD -2 shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the office of the Paying Agent/Registrar designated for the payment and assignment of the Contracts is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Contracting Party appearing on the Contract Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Non-Optional. The Installment Amounts of the Contracts shall not be subject to prepayment at the option of the City. SECTION 5: Assignment- Registration-Transfer-Exchange of Contracts. The Paying Agent/Registrar shall obtain, record, and maintain in the Contract Register the name and address of each and every Contracting Party to a Contract executed and delivered under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Contract may be assigned, transferred or exchanged for Contracts of other authorized amounts by the Contracting Party, in person or by his duly authorized agent, upon surrender of such Contract to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of assignment and transfer or request for exchange duly executed by the Contracting Party or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Any Contract to be assigned and transferred shall be surrendered to the Paying Agent/Registrar and, upon its receipt and cancellation, the Paying Agent/Registrar shall register and deliver, in the name of the designated assignee or transferee, one or more new Contracts of authorized amounts and, except for the assignment and transfer of the Initial Contract by the Initial Contracting Party, having the same Payment Date and of a like Installment Amount as the Contract or Contracts surrendered for assignment and transfer. Contracts may be exchanged for Contracts of other authorized amounts and having the same Payment Date, bearing the same rate of interest and of like aggregate Installment Amount as the Contracts surrendered for exchange, upon surrender of the Contracts to be exchanged to the Paying Agent/Registrar. Whenever any Contracts are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Contracts to the Contracting Party requesting the exchange. When a Contract has been duly assigned and transferred or exchanged, the new Contract or Contracts registered in such assignment and transfer or exchange shall be delivered to the Contracting Party at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Contracting Party, and, upon the registration and delivery thereof, such Contracts shall be the valid obligations of the City, WYLIEP-1.WPD -3- evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Contracts surrendered in such assignment and transfer or exchange. All transfers or exchanges of Contracts pursuant to this Section shall be made without expense or service charge to the Contracting Party, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Contracting Party requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Contracts cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be"Predecessor Contracts," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Contract or Contracts registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Contracts" shall include any mutilated, lost, destroyed, or stolen Contract for which a replacement Contract has been registered and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such new replacement Contract shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Contract. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Contracts, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Contracts shall be deposited with DTC who shall hold said Contracts for its participants (the "DTC Participants"). While the Contracts are held by DTC under the Depository Agreement, the Contracting Party of the Contracts on the Contract Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Contract (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Contracts or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Contracts, the City covenants and agrees with the Contracting Parties of the Contracts to cause Contracts to be printed in definitive form and provide for the Contract certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Contracts in definitive form shall be assigned, transferred and exchanged on the Contract Register maintained by the Paying Agent/Registrar and payment of such Contracts shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution - Registration. The Contracts shall be executed on behalf of the City by the Mayor, with the seal of the City reproduced or impressed thereon and countersigned by the City Secretary. The signature of such officers on the Contracts may be manual or facsimile. Contracts bearing the manual or facsimile signatures of the persons holding such offices on the WYLIEP-1.WPD -4 Contract Date shall be deemed to be duly executed on behalf of the City, notwithstanding a change in persons holding such offices at the time of delivery of the Contracts to the Initial Contracting Party and with respect to Contracts delivered in subsequent assignments and transfers or exchanges. No Contract shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless the registration certificate appearing on the Contracts to be signed by the Comptroller of Public Accounts of the State of Texas (substantially in the form provided in Section 9C) and/or the Paying Agent/Registrar (substantially in the form provided in Section 9D), either or both such certificates, as the case may be, are manually executed by an authorized officer, employee or representative of the Comptroller of Public Accounts and/or the Paying Agent/Registrar, and such registration certificate, either or both, upon any Contract when duly executed by the Comptroller of Public Accounts and/or the Paying Agent/Registrar, as the case may be, shall be conclusive evidence, and the only evidence, that such Contract has been duly certified, registered and delivered. SECTION 8: Initial Contracts. The Contracts herein authorized may be initially executed and delivered as a single fully registered Contract in the Aggregate Contract Amount with Installment Amounts to become due and payable as provided in Section 2 hereof and numbered T-1 and registered in the name of the Initial Contracting Party or the designee thereof. Such single fully registered Contract shall be submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Initial Contracting Party. Any time after the delivery of such single fully registered Contract, the Paying Agent/Registrar, pursuant to written instructions from the Initial Contracting Party, shall cancel such obligation and exchange therefor Contracts of authorized amounts and in Installment Amounts with Payment Dates and bearing applicable interest rates for transfer and delivery to the Contracting Parties named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial Contracting Party and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Contracts, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on the Contracts, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification and such legends and endorsements (including insurance legends in the event the Contracts, or any installment amounts thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be determined by the officers executing and delivering such Contracts as evidenced by their execution. The Contracts, including the Initial Contract(s), shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Contracts as evidenced by their execution. B. General Contract Form. WYLIEP-1.WPD -5 REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION SERIES 1999 Contract Date: Interest Rate: Payment Date: CUSIP NO: September 1, 1999 Contracting Party: Installment Amount: DOLLARS The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Collin, Dallas and Rockwall, State of Texas, hereby agrees and promises to pay to the order of the Contracting Party named above, or the registered assigns thereof,the Installment Amount hereinabove stated on the Payment Date specified above,without right of prepayment, and to pay interest on such unpaid Installment Amount from the Contract Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2000. The Installment Amount is payable on the Payment Date noted above to the Contracting Party only upon presentation and surrender of this Contract to the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the Contracting Party of this obligation (or one or more Predecessor Contracts, as defined in the Ordinance hereinafter referenced) who appears on the "Contract Register" maintained by the Paying Agent/Registrar at the close of business on the"Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of such Contracting Party recorded in the Contract Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Contracting Party. The Installment Amount of this Contract and interest thereon shall be paid without exchange or collection charges to the Contracting Party and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Contract is one of a number of contracts aggregating in amount $410,000 (herein referred to as the"Contracts"), executed and delivered to finance the acquisition, use or purchase of personal property, under and in strict conformity with the Constitution and laws of the State of Texas, particularly the Public Property Finance Act (V.T.C.A., Local Government Code, WYLIEP-1.WPD -6- Subchapter A of Chapter 271) and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). This Contract is an obligation of the City payable from the pledged proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of which the Contracting Party by the acceptance hereof hereby agrees, for definitions of terms; the description of and the nature and extent of the taxes pledged for the payment of the Contracts; the terms and conditions relating to the assignment and transfer of this Contract; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Contracting Parties; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Contract may be discharged at or prior to its Payment Date, and the obligation evidenced by the Contracts cease to exist as an obligation of the City; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Contract, subject to certain limitations contained in the Ordinance, may be assigned and transferred on the Contract Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered party hereof, or his duly authorized agent. When a transfer on the Contract Register occurs, one or more new fully registered Contracts with the same Payment Date, in authorized amounts, bearing the same rate of interest, and of the same Installment Amount will be delivered by the Paying Agent/Registrar to the designated assignee or assignees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered party whose name appears on the Contract Register (i) on the Record Date as the Contracting Party entitled to payment of interest hereon, (ii) on the date of surrender of this Contract as the Contracting Party entitled to payment of the Installment Amounts on the Payment Date and (iii) on any other date as the Contracting Party to notify for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Contracting Party appearing on the Contract Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the execution and delivery of the Contracts is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the execution and delivery of the Contracts to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time,form WYLIEP-1.WPD -7- and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; and that due provision has been made for the payment of the Contracts and interest thereon as aforestated. In case any provision in this Contract shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Contract and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Contract to be duly executed under the official seal of the City as of the Contract Date. CITY OF WYLIE, TEXAS ATTEST: Mayor City Secretary (SEAL) WYLIEP-1.WPD -8- C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Contract only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Contract has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Omit on definitive Contracts D. Form of Certificate of Paying Agent/Registrar to appear on definitive Contracts. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Contract has been duly delivered and registered under the provisions of the within-mentioned Ordinance; the contract or contracts initially executed and delivered by the City having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar in Dallas, Texas is the "Designated Payment/Transfer Office" for this Contract. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as Paying Agent/Registrar Registration date: By Authorized Signature WYLIEP-1.WPD -9 E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: )the within Contract and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Contract on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment Signature guaranteed: must correspond with the name of the contracting party as it appears on the face of the within Contract in every particular. F. The Initial Contract shall be in the form set forth in paragraph B of this Section, except that the form of the single fully registered Initial Contract shall be modified as follows: (i) immediately under the headings "Interest Rate and "Payment Date " shall both be omitted; (ii) Paragraph one shall read as follows: Contracting Party: Contract Amount: Dollars The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Collin, Dallas and Rockwall, State of Texas, hereby agrees and promises to pay to the order of the Contracting Party named above, or the registered assigns thereof, the Contract Amount hereinabove stated on the Payment Dates and in Installment Amounts in accordance with the following schedule: INTEREST PAYMENT DATES INSTALLMENT AMOUNTS RATE (Information to be inserted from schedule in Section 2 hereof). WYLI EP-I.WPD -10- (without right of prepayment)and to pay interest on such unpaid Annual Installment Amounts from the Contract Date at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2000. The Installment Amounts are payable on the Payment Dates noted above to the Contracting Party named above or the assigns thereof by Chase Bank of Texas, National Association (the "Paying Agent/Registrar"), upon the presentation and surrender, at its designated office in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest is payable to the Contracting Party whose name appears on the "Contract Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the Contracting Party recorded in the Contract Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Contracting Party. The Installment Amounts of this Contract and interest thereon shall be paid without exchange or collection charges to the Contracting Party and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Levy of Taxes. To provide for the payment of the Installment Amounts to become due and payable and the payment of the interest thereon, there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay (i) the Installment Amounts to become due and payable or an amount equal to 2% of the Aggregate Contract Amount (whichever is the greater)and (ii)the accrued interest on the Installment Amounts to become due and payable; full allowance being made for delinquencies and costs of collection. Full, complete and accurate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Contracts shall be kept and maintained by the City at all times while the Contracts are Outstanding, and the taxes collected annually for the payment of the Contracts shall be deposited to the credit of a "Special 1999 Contracts Fund" (the "Sinking Fund") maintained on the records of the City and at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Contracts. Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/ Registrar, from funds on deposit in the Sinking Fund, amounts sufficient to fully pay and discharge promptly each Installment Amount and interest on the Contracts as the same accrues or becomes due and payable; such transfer of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each Payment Date and each interest payment date for the Contracts. PROVIDED, HOWEVER, in regard to the payments to become due on the Contracts on February 15, 2000 and August 15, 2000, sufficient current funds, including earnings to be realized from the investment of the proceeds of sale of the Contracts pending their expenditure for authorized purposes, will be available and are hereby appropriated to make such payments; and proper officials of the City are hereby authorized and directed to transfer and deposit in the Sinking Fund such current funds (including earnings realized from the investment of the proceeds WYLIEP-1.WPD -1 1- of sale of the Contracts) which, together with the accrued interest received from the initial contracting party, will be sufficient to pay the interest payments on the Contracts on February 15, 2000 and August 15, 2000. SECTION 11: Mutilated - Destroyed - Lost and Stolen Contracts. In case a Contract shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Contract of like form and tenor, and in the same authorized amount and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Contract, or in lieu of and in substitution for such destroyed, lost or stolen Contract, only upon the approval of the City and after (i) the filing by the Contracting Party with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Contract, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Contract shall be borne by the Contracting Party of the Contract mutilated, or destroyed, lost or stolen. Every replacement Contract issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Contracts; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Contracts. SECTION 12: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Contracting Parties, the Installment Amounts, together with the accrued interest thereon, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Contracting Parties shall thereupon cease, terminate, and be discharged and satisfied. The Contracts shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full the Installment Amounts as the same shall become due and payable on the Payment Dates or on a prepayment date, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or(ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the Installment Amounts and accrued interest on and prior to each Payment Date or to the prepayment date therefor (if a notice of prepayment has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made). The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Contracts to be treated as"arbitrage obligations"within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, WYLIEP-1.WPD -12- or an authorized escrow agent, pursuant to this Section which is in excess of the amounts required for the payment of the Contracts in accordance with the defeasance provisions shall be remitted to the City or deposited as directed by the City. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. The term "Government Securities", as used herein, means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America,which are non-callable prior to the respective Payment Dates, as the case may be, for the Contracts and may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form. SECTION 13: Ordinance a Contract -Amendments - Outstanding Contracts. This Ordinance shall constitute an agreement with the Contracting Parties from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any of the Contracts remain Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Contracting Parties, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Contracting Parties, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Contracting Parties to Contracts which are Outstanding and represent 51% or more of the aggregate Installment Amounts affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of Contracting Parties of all Contracts which are Outstanding, no such amendment, addition, or rescission shall (1)extend the time or times of payment of the Installment Amounts and interest on the Contracts, reduce the Installment Amounts, change the prepayment price or the rate of interest thereon, or in any other way modify the terms of payment of the Contracts, (2) give any preference to any Contract over any other Contract, or (3) reduce the aggregate Installment Amount of Contracts required to be held for consent to any such amendment, addition, or rescission. The term "Outstanding"when used in this Ordinance with respect to Contracts means, as of the date of determination, all Contracts theretofore delivered and registered under this Ordinance, except: (1) those Contracts cancelled or delivered to the Paying Agent/Registrar for cancellation; (2) those Contracts for which the Installment Amounts and all interest payable thereon has been paid or is deemed to be fully paid in accordance with the provisions of Section 12 hereof; and (3) those mutilated, destroyed, lost, or stolen Contracts for which replacement obligations have been registered and delivered in lieu thereof as provided in Section 11 hereof. SECTION 14: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section 14, the following terms have the following meanings: WYLIEP-1.WPD -13- "Closing Date" means the date on which the Contracts are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Contracts. "Investment'has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment"means any investment property, as defined in section 148(b)of the Code, in which Gross Proceeds of the Contracts are invested and which is not acquired to carry out the governmental purposes of the Contracts. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Contracts. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Contracts has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Contract to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Contract, the City shall comply with each of the specific covenants in this Section. WYLIEP-1.WPD -14- (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Contracts: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Contracts, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Contracts or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Contracts to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or(3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Contracts directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Contracts. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b)of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Contracts to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. WYLIEP-1.WPD -15- (h) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2) and (3) of section 148(f) of the Code with respect to the Contracts without making the payments for the United States described in such section. Specifically, the City warrants and represents that (1) the City is a governmental unit with general taxing powers; (2) at least 95% of the net proceeds of the Contracts will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Contracts are issued is not reasonably expected to exceed $5,000,000. (i) Elections. The City hereby directs and authorizes the City Manager and Director of Finance, either individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Contracts, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. (j) Qualified Tax Exempt Obligations. In accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Contracts to be "qualified tax exempt obligations" in that the Contracts are not"private activity bonds" as defined in the Code and the reasonably anticipated amount of"qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City)for the calendar year in which the Contracts are issued will not exceed $10,000,000. SECTION 15: Sale of the Contracts. The offer of American National Bank of Texas, Terrell, Texas (herein referred to as the "Initial Contracting Party") to purchase the Contracts in accordance with the a letter, dated September 14, 1999, attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes is hereby accepted and the sale of the Contract to said Initial Contracting Party is hereby approved and authorized. The Mayor and City Secretary are hereby authorized and directed to sign the acceptance clause of said letter for and on behalf of the City and as the act and deed of this City Council. Delivery of the Contracts to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 16: Private Placement Memorandum. The Private Placement Memorandum, together with all amendments and supplements thereto issued on behalf of the City, prepared in the initial offering and sale of the Contracts by the City is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Private Placement Memorandum pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. WYLIEP-I.WPD -16- SECTION 17: Cancellation. All Contracts surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Contracts previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Contracts so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Contracts held by the Paying Agent/Registrar shall be returned to the City. SECTION 18: Notices of Contracting Parties. Wherever Ordinance provides for notice to Contracting Parties of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Contracting Party appearing in the Contract Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Contracting Parties is given by mail, neither the failure to mail such notice to any particular Contracting Party, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Contracts. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Contracting Party entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by a Contracting Party shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 19: Proceeds of Sale. The Aggregate Contract Amount(less costs of issuance) shall be deposited in an acquisition fund maintained at the City's depository bank. Pending expenditure for the Property, such funds may be invested in authorized investments, and any earnings from such investments may be expended for the Property or deposited to the credit of the Sinking Fund. All surplus proceeds of sale of the Contracts, including investment earnings, remaining after acquisition of the Property shall be deposited to the credit of the Sinking Fund. SECTION 20: Legal Opinion. The Initial Contracting Party's obligation to accept delivery of the Contracts is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Attorneys, Dallas, Texas, approving the Contracts as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Contracts. A true and correct reproduction of said opinion is hereby authorized to be printed on the definitive Contracts or an executed counterpart thereof shall accompany the global Contracts deposited with the Depository Trust Company. SECTION 21: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Contracts. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Contracts shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Contracts as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Contracts. SECTION 22: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Contracting Parties, any right, remedy, or claim, legal or equitable, under WYLIEP-1.WPD -17- or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Contracting Parties. SECTION 23: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 24: Governing Law. This Ordinance and the Contracts authorized to be executed and delivered hereunder shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 25: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 26: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural,words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 27: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 28: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 1999) financial information and operating data with respect to the City of the general type included in the final Private Placement Memorandum approved by Section 16 of this Ordinance, being the information described in Exhibit D hereto. Financial statements to be WYLIEP-1.WPD -18- provided shall be (1) prepared in accordance with the accounting principles described in Exhibit D hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB)that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Contracts, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Contracts; 7. Modifications to rights of holders of the Contracts; 8. Contract calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Contracts; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person"with respect to the Contracts within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Contract calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Contracts, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to WYLIEP-1.WPD -19- provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Contracts at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CONTRACT OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Contracts in the primary offering of the Contracts in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2)either(a)the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Contracts consent to such amendment or (b) a Person that is unaffiliated with the City(such as nationally recognized bond counsel)determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Contracts. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Contracts from lawfully purchasing or selling Contracts in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data filed with each NRMSIR and SID pursuant to subsection (b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 29: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Local Government Code, Chapter 551. WYLIEP-1.WPD -20- SECTION 30: Effective Date. This Ordinance shall be in force and effect from and after its passage on the date shown below and it is so ordained. PASSED AND ADOPTED, this September 14, 1999. CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary (City Seal) WYLIEP-1.WPD -21- EXHIBIT A Description of Property Estimated Cost Fire Truck $ WYLIEP-1.WPD Exhibit D to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 30 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Private Placement Memorandum referred to) below: 1. The financial statements of the City appended to the Private Placement Memorandum as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 15 in the Private Placement Memorandum. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. WYLIEP-1.WPD WYLIE CITY COUNCIL AGENDA ITEM NO. 5. September 14, 1999 Issue' Consider and act upon approval of an Ordinance of the City of Wylie, amending the budget for Fiscal Year 1999, beginning October 1, 1998, and ending September 30, 1999; repealing all conflicting ordinances, containing a severability clause;and providing for an effective date. Background Assumptions that form the basis of revenue and expenditure projections are made in August preceding adoption of the budget in September. The mid-year and final review process enables the City to determine the validity or accuracy of the assumptions. The process also contemplates that the City operates in a dynamic environment and that actions are required to appropriately respond to the change in conditions. This agenda is reflective of dynamic changes that are occurring late in this fiscal year. The changes in revenues include the recognition of proceeds from the issuance of general obligation bonds, public property finance contractual obligations, and utility revenue bonds, and the receipt of funds from KCS railroad for the purchase of land and from WISD for its portion of the joint use parking lot at the new high school and Founders Park. Expenditures budget increases include appropriations for year 2000 preparations, land purchases, security alarm billing system, and capital projects. The proposed budget amendments consist of re-estimates of revenues in the General, Utility CIP, Fleet Replacement, Street CIP, 4BCIP, Parks CIP, and Service Center CIP Funds and amended appropriations in the General, Utility, 4B CIP and Service Center CIP Funds. Financial Considerations Fleet Replacement General Fund Utility Fund Utility CIP Fund Fund Final Year Ending Fund Balance $898,637 $1,536,702 $764,789 $479,810 Less Net Increases in Expenditures (256,530) (53,570) 1,380,000 410,000 Estimated Ending Fund Balance $642,107 $1,483,132 $2,144,789 $889,810 Streets CIP Fund Service Center CIP 4B CIP Fund Parks CIP Fund Fund Final Year Ending Fund Balance $133,369 $602,130 $0 $123,424 Less Net Increases in Expenditures 2,492,670 (602,130) 480,000 75,370 Estimated Ending Fund Balance $2,626,039 $0 $480,000 $198,794 Mid-Year Amended Final Amended Budget Budget Total Expenditures $12,174,421 $13,860,111 Total Revenues $10,668,681 $16,280,181 Net Increases in Expenditures $5,611,500 Net Increases in Revenues $1,685,690 Other Considerations In the City Charter under Article 7, Municipal Finance, Section 4: Amendments After Adoption: "If, during the fiscal year, the City Manager certifies that there are revenues available for appropriation in excess of those estimated in the budget, the City Council may make supplemental appropriations to fund other appropriations are desired." Staff Recommendation It is recommended that the City Council approve the amendments as proposed and adopt the ordinance amending the Fiscal Year 1998-99 Budget. Attachments Attachment 1 - Combined Summary Attachment 2 - Summary of Proposed Changes Attachment 3 -Final Year Budget Amendment Ordinance re12,14(4.40,4„.„..d ed by Revi d by mance City Manag Approval ATTACHMENT I CITY OF WYLIE PROPOSED FY98-99 FINAL BUDGET AMENDMENTS September 14,1999 COMBINED SUMMARY 1998-99 ALL 1998-99 ALL NET FUNDS MID- FLEET SERVICE FUNDS FINAL CHANGE(For YEAR AMENDED GENERAL UTILITY UTILITY REPLACEMENT STREETS 4B CIP PARKS CIP CENTER AMENDED Purpose of BUDGET FUND FUND CIP FUND FUND CIP FUND FUND FUND CIP FUND BUDGET Compairson) AUDITED FUND BALANCE 9-30-98 7,338,916 n/a n/a n/a n/a n/a n/a n/a n/a 7,338,916 n/a REVENUES Ad Valorem Taxes 3,165,350 3,165,350 - Non-Property Taxes 1,251,200 1,251,200 - Franchise Fees 684,770 684,770 - Licenses&Permits 150,000 150,000 - Intergovernmental Revenues 311,722 311,722 - Service Fees 4,086,270 4,086,270 - Court Fees 244,400 244,400 - Interest&Misc Income 324,340 11,500 200,000 535,840 211,500 Assessments 36,340 36,340 - Bonds Proceeds - 410,000 1,380,000 2,720,000 480,000 4,990,000 4,990,000 Transfers from Other Funds 414,289 410,000 824,289 410,000 TOTAL REVENUES 10,668,681 410,000 - 1,380,000 410,000 2,720,000 11,500 480,000 200,000 16,280,181 5,611,500 EXPENDITURES General Government 2,073,794 181,660 2,255,454 181,660 Public Safety 2,584,843 73,930 2,658,773 73,930 Urban Development 349,040 349,040 - Streets 455,660 455,660 - Community Services 597,445 940 598,385 940 Utilities 1,983,840 53,570 2,037,410 53,570 Debt Service 1,887,680 1,887,680 - Capital Projects 1,500,630 227,330 613,630 124,630 2,466,220 965,590 Economic Development 327,200 327,200 - Transfers to Other Funds 414,289 410,000 824,289 410,000 TOTAL EXPENDITURES 12,174,421 666,530 53,570 - 227,330 613,630 - 124,630 13,860,111 1,685,690 ENDING BALANCE 5,833,176 9,758,986 NET CHANGE TO ENDING FUND BALANCE (256,530) (53,570) 1,380,000 410,000 2,492,670 (602,130) 480,000 75,370 3,925,810 TOTAL REVENUES 16,280,181 NET(INCREASE)DECREASE IN FUND BALANCE:MID-YEAR BUDGET 1,505,740 FINAL ADJUSTMENTS TO FISCAL YEAR 1998-99 BUDGET (3,925,810) TOTAL APPROPRIABLE FUNDS 13,860,111 (1) All budgeted funds are included in the Mid-Year Amended Budget and the Final Amended Budget Columns. However,individual fund columns include only the funds that are affected by proposed budget amendments. Attachment 2 YEAR-END BUDGET AMENDMENTS FOR FY 1999 September 14, 1999 GENERAL FUND Budgeted Ending Fund Balance 384,140 5.7%of Budgeted Expenditures FUND DEPT ACCT ACCT DESCRIPTION (EXP)/REV AMOUNT DESCRIPTION 10 181 58810 Computer Hardware&Software (EXP) (20,000) Year 2000 computer upgrades and replacements 10 181 58110 Land (EXP) (81,660) Purchase land at 108 N.Jackson 10 181 58110 Land (EXP) (50,000) Opportunity purchase 10 181 56680 Trash Disposal (EXP) (30,000) Increased cost of trash disposal due to increased customer base 10 181 59171 Transfer to Fleet Repl Fund (EXP) (410,000) For purchase of new fire truck 10 211 58850 Major Tools&Equipment (EXP) (73,930) Purchase of security alarm billing system 10 551 54810-0892 Maint of Hardware&Software (EXP) (940) Expend unused grant proceeds 10 000 49310 Bond Proceeds REV 410,000 For purchase of new fire truck Net Increase(Decrease)to Fund Balance (256,530) UTILITY FUND Budgeted Ending Fund Balance 1,319,320 132 Days of Working Capital FUND DEPT ACCT ACCT DESCRIPTION (EXP)/REV AMOUNT DESCRIPTION 611 719 58810 Computer Hardware&Software (EXP) (10,470) Year 2000 computer upgrades and replacements 611 719 56040 Special Services (EXP) (43,100) Environmental services at old Service Center site Net Increase(Decrease)to Fund Balance (53,570) UTILITY CIP FUND FUND DEPT ACCT ACCT DESCRIPTION (EXP)/REV AMOUNT DESCRIPTION 612 000 49320 Revenue Bond Proceeds REV 1,380,000 Recognize proceeds from bond sale Net Increase(Decrease)to Fund Balance 1,380,000 Attachment 2 YEAR-END BUDGET AMENDMENTS FOR FY 1999 September 14, 1999 FLEET REPLACEMENT FUND FUND DEPT ACCT ACCT DESCRIPTION (EXP)/REV AMOUNT DESCRIPTION 711 000 49111 Transfer from General Fund REV 410,000 For purchase of new fire truck Net Increase(Decrease)to Fund Balance 410,000 STREETS CIP FUND FUND DEPT ACCT ACCT DESCRIPTION (EXP)/REV AMOUNT DESCRIPTION 411 000 49320 Bond Proceeds REV 2,720,000 Recognize proceeds of G.O.bond sale 411 411 5xxxx Capital outlay (EXP) (227,330) Appropriate funds for various street projects Net Increase(Decrease)to Fund Balance 2,492,670 4B CIP FUND FUND DEPT ACCT ACCT DESCRIPTION (EXP)/REV AMOUNT DESCRIPTION 420 000 46xxx Interest REV 11,500 Budget for interest earnings 420 048 5xxxx Capital outlay (EXP) (613,630) Phase 1 construction of Founders Park Net Increase(Decrease)to Fund Balance (602,130) PARKS CIP FUND FUND DEPT ACCT ACCT DESCRIPTION (EXP)/REV AMOUNT DESCRIPTION 421 000 49320 Bond Proceeds REV 480,000 Recognize proceeds of G.O.bond sale Net Increase(Decrease)to Fund Balance 480,000 SERVICE CENTER CIP FUND FUND DEPT ACCT ACCT DESCRIPTION (EXP)/REV AMOUNT DESCRIPTION 451 000 48410 Miscellaneous Revenue REV 200,000 Revenue received from KCS for purchase of old Service Center site 451 851 5xxxx Capital Outlay (EXP) 124,630 Paving of west parking lot at Service Center Net Increase(Decrease)to Fund Balance 324,630 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE BUDGET FOR THE FISCAL YEAR 1999 BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999, BY AMENDING ORDINANCE NO. 99-10; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has heretofore adopted Ordinance No. 99-10 adopting a Budget and appropriating resources for Fiscal Year 1999(FY99),beginning October 1, 1998, and ending September 30, 1999; and WHEREAS, the Staff has presented information to the Council concerning the actual income and expenses for the second half of FY99 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 FY99; and WHEREAS, the City 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 City Council has determined that the proposed amendments to the FY99 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 1. The proposed amendments to the FY99 Budget of the City of Wylie, as heretofore adopted by Ordinance No. 99-10, as summarized in Attachment 2 which is attached heretofore and fully incorporated herein by reference,be, and the same hereby are, completely adopted and approved as amendments to the said FY99 Budget. SECTION 2. All portions of the existing FY99 Budget and Ordinance No.99-10, except as specifically herein amended shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION 3. 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 4. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to law and the City Charter. SECTION 5. 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 6. 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 affecting 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 14th day of September, 1999. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. (o September 14, 1999 Issue Hold a public hearing and consider and act upon an ordinance of the City of Wylie, adopting a budget and appropriating resources for Fiscal Year 2000, beginning October 1, 1999, and ending September 30, 2000. Background The proposed tax rate for fiscal year 1999-2000 will increase $0.025 per $100 valuation from $0.675 to $0.70. In May, the voters approved the issuance of$17,940,000 in new general obligation bonds to be used for street, drainage, and park improvements. The City will issue the first $3,200,000 in general obligation bonds in September. The issuance of the total bonds approved will require an eventual increase in the ad valorem tax rate of$0.05. In addition,the total assessed value of taxable property has increased $79,036,120 from the tax base in fiscal year 1998-99. This has resulted in increased ad valorem tax revenues of$656,401 in fiscal year 2000. The General Fund portion of this increase is $324,826, while the G.O. Debt Service Fund will receive an additional $331,575 in ad valorem tax revenues in fiscal year 2000. The original estimate of the General Fund Balance at the end of fiscal year 1999 was $1,044,880. After further Staff review, revenues at the end of fiscal year 1999 are now estimated to increase $629,200 over the original estimate to $6,203,,900. The City will issue $410,000 of Public Property Finance Contractual Obligations in September for the purchase of a new "quint" fire truck. Other significant increases in fiscal year 1998-99 revenues over the amended budget are estimated in licenses and permits ($110,000), general sales tax ($115,000), sanitation fees ($33,700), electric franchise fees ($32,030), and development fees ($116,000). These increases are attributable to the increased population and the economic growth in the area demonstrated by new home construction and the establishment of new business and commercial enterprises. Expenditures at year end are estimated to increase $539,709 to $6,563,930. Most of the increase is attributable to the transfer of the $410,000 in Public Property Finance Contractual Obligations to the Fleet Replacement Fund for the purchase of the new fire truck. As a result, the fiscal year 1999 ending fund balance in the General Fund is now estimated to be $1,178,110. With a beginning estimated fund balance of $1,178,110, the ending fund balance for FY 2000 is estimated at $796,780. The decrease in the General Fund fund balance is primarily the result of increased costs for personnel (5.25 positions have been added to General Fund departments) and increased funding for street maintenance. The additional personnel are needed to maintain the services the City provides to a rapidly growing population base. Increased tax revenues in future years are anticipated to continue the funding of these positions. Background -continued In the Utility Fund, fund balance (working capital) is estimated to increase over the budgeted fund balance by$357,082. About half of the increase, $163,812, is attributable to an actual beginning fund balance of$1,759,072 as compared to the estimated beginning fund balance of$1,595,260. Increased revenues from sewer charges, interest income, and assessments and miscellaneous income along with savings by departments comprise the remaining increase in the fund balance. The City will also be issuing $1,380,000 in water and sewer revenue bonds for improvements to the system in September 1999. There are no water or sewer rate increases included in the Utility Fund budget for Fiscal Year 1999-2000. The attached summary of all operating and capital funds includes the budgets for the Wylie Economic Development Corporation and the Wylie Parks and Recreation Facilities Development Corporation. Financial Considerations For all budgeted funds, the projected totals for revenues and expenditures are $12,567,780 and $17,348,990 respectively. Projected expenditures will be $4,781,210 greater than budgeted revenues for all funds. The net $4,781,210 spending in excess of revenues is primarily due to expenditures of $4,010,000 for capital projects(streets, drainage, parks, and utility construction) and $381,330 in deficit spending in the City's General Fund and $365,740 in deficit spending by the Wylie Economic Development Corporation. This will result in decreases to both fund balances by that amount. The budgeted ending fund balance for the General Fund in FY2000 is $796,780. This amount equates to a reserve of 12% of budgeted expenditures. A minimal acceptable level of reserves to the bond rating agencies for a general fund would be from 10%to 12% for a city experiencing rapid growth. The budgeted ending fund balance(working capital) for the Utility Fund in FY2000 is $1,794,020. This amount equates to about 189 days of operating expenses on hand. Generally accepted standards establish that 90 days is acceptable and 120 days is very good. Other Considerations Article 7, Section 3(D) of the Home Rule Charter states that if the city fails to adopt the budget by the twenty-seventh day of September, the amounts appropriated for operation during the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis. A tax rate ordinance for the Fiscal Year 1999-2000 must be adopted to support this budget. Staff Recommendation It is recommended that the City Council adopt the Fiscal Year 1999-2000 budget as presented. Attachments Ordinance Adopting a Budget and Appropriating Resources for FY2000 Exhibit A- Summary of Revenues, Expenditures and Changes in Fund Balances Exhibit B - Fiscal 2000 Proposed Budget (Condensed) re red by Revie by Finance City Mana r Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE,ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2000, BEGINNING OCTOBER 1,1999 AND ENDING SEPTEMBER 30,2000; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the City Manager and staff have prepared and filed with the City Secretary a proposed Budget for operation of the City during Fiscal Year 2000; and, WHEREAS, the proposed budget appears to be in a form and substance which fully complies with all applicable provisions of the City Charter and State law; and, WHEREAS,the proposed budget has been available for public inspection and review; and, WHEREAS,the City Council has this date conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and, WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget, and the revenues and expenditures therein contained, is in the best interest of the City and therefore desires to adopt the same by formal action; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. That the proposed budget of the revenue of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 2000. Section 2. That the sum of SEVENTEEN MILLION THREE HUNDRED FORTY-EIGHT THOUSAND NINE HUNDRED NINETY DOLLARS($17,348,990)is hereby appropriated out to the General, Community Park, Wylie Economic Development Corp., 4B Sales Tax, G.O. Debt Service, 4B Debt Service, Street Capital Project, Service Center Capital Project, 4B Capital Project,Park Capital Project,Utility,Utility Construction and Fleet Replacement Funds for payment of Operation Expenses and Capital Outlay of the operation and administration of the City according to the various purposes and intents therein described. Section 3. That specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations from designated appropriations to any individual department or activity as provided in the City Charter. Section 4. 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 5. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to law and the City Charter. Section 6. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 14th day of September, 1999. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Exhibit A NOTICE OF PUBLIC HEARING AND BUDGET SUMMARY FOR FY2000 CITY OF WYLIE,TEXAS NOTICE IS HEREBY GIVEN,pursuant to Article VII Section 3 of the Wylie City Charter,that the Wylie City Council will conduct a public hearing on the proposed City budget for Fiscal Year 2000 on the 14th day of September 1999,at 7:00 p.m.in the Council Chambers of the Wylie Municipal Complex,2000 SH 78 N, Wylie,Texas. Copies of the proposed budget are available for inspection by the public at the Rita and Truett Smith Library,the City Secretary's Office and the City Manager's office during regular business hours. The following is General Summary of the budget which has been proposed. SPECIAL REVENUE FUNDS DEBT SERVICE FUNDS CAPITAL PROPRIETARY FUNDS GENERAL COMM. DEVELOP. 4B SALES G.O.DEBT 4B DEBT PROJECT UTILITY UTILITY FLEET TOTAL FUND PARK CORP. TAX FUND SERVICE SERVICE FUNDS FUND CONSTR. REPLACE. ALL FUNDS BEGINNING BALANCES $1,178,110 ($10,884)$1,349,910 $491,290 $184,880 $170,600 3,391,690 $1,676,400 $2,161,750 $903,110 $11,496,856 REVENUES: Ad Valorem Taxes 2,749,000 0 0 0 1,072,760 0 0 0 0 0 3,821,760 Non-property Taxes 814,600 0 406,300 406,300 0 0 0 0 0 0 1,627,200 Franchise Fees 748,000 0 0 0 0 0 0 0 0 0 748,000 Licenses and Permits 260,000 0 0 0 0 0 0 0 0 0 260,000 Intergovernmental 190,200 0 0 0 0 0 0 0 0 0 190,200 Service Fees 768,500 29,500 0 0 0 0 0 3,461,200 0 194,800 4,454,000 Court Fees 277,200 0 0 0 0 0 0 0 0 0 277,200 Interest&Miscellaneous Income 137,400 0 165,020 15,000 15,000 9,000 62,000 126,000 60,000 20,000 609,420 TOTAL REVENUES 5,944,900 29,500 571,320 421,300 1,087,760 9,000 62,000 3,587,200 60,000 214,800 11,987,780 Bond Proceeds 0 0 0 0 0 0 0 0 0 0 0 Transfers From Other Funds 314,000 0 0 0 0 141,000 125,000 0 0 0 580,000 TOTAL AVAILABLE RESOURCES 7,437,010 18,616 1,921,230 912,590 1,272,640 320,600 3,578,690 5,263,600 2,221,750 1,117,910 24,064,636 EXPENDITURES: General Government 2,286,110 0 0 0 0 0 0 0 0 54,500 2,340,610 Public Safety 2,718,310 0 0 0 0 0 0 0 0 557,000 3,275,310 Urban Development 418,920 0 0 0 0 0 0 0 0 0 418,920 Streets 572,540 0 0 0 0 0 0 0 0 0 572,540 Community Services 581,850 36,000 0 178,300 0 0 0 0 0 0 796,150 Utilities 0 0 0 0 0 0 0 2,078,330 1,100,000 55,000 3,233,330 Debt Service 0 0 0 0 1,065,220 141,100 0 1,078,750 0 0 2,285,070 Capital Projects 0 0 0 0 0 0 2,910,000 0 0 0 2,910,000 Economic Development 0 0 937,060 0 0 0 0 0 0 0 937,060 TOTAL EXPENDITURES 6,577,730 36,000 937,060 178,300 1,065,220 141,100 2,910,000 3,157,080 1,100,000 666,500 16,768,990 Transfers to Other Funds 62,500 0 0 141,000 0 0 32,000 312,500 32,000 0 580,000 ENDING FUND BALANCE $796,780 ($17,384) $984,170 $593,290 $207,420 $179,500 $636,690 $1,794,020 $1,089,750 $451,410 $6,715,646 $12,567,780 4,781,210 $17,348,990 $17,348,990 Exhibit B: fiscal 2000 Proposed Budget (condensed) Tuesday, September 14, 1999 NOTICE OF PUBLIC HEARING AND BUDGET SUMMARY FOR FY2000 CITY OF WYLIE,TEXAS NOTICE IS HEREBY GIVEN,pursuant to Article VII Section 3 of the Wylie City Charter,that the Wylie City Council will conduct a public hearing on the proposed City budget for Fiscal Year 2000 on the 14th day of September 1999,at 7:00 p.m.in the Council Chambers of the Wylie Municipal Complex,2000 SH 78 N, Wylie,Texas. Copies of the proposed budget are available for inspection by the public at the Rita and Truett Smith Library,the City Secretary's Office and the City Manager's office during regular business hours. The following is General Summary of the budget which has been proposed. SPECIAL REVENUE FUNDS DEBT SERVICE FUNDS CAPITAL PROPRIETARY FUNDS GENERAL COMM. DEVELOP. 4B SALES G.O.DEBT 4B DEBT PROJECT UTILITY UTILITY FLEET TOTAL FUND PARK CORP. TAX FUND SERVICE SERVICE FUNDS FUND CONSTR. REPLACE. ALL FUNDS BEGINNING BALANCES $1,178,110 ($10,884)$1,349,910 $491,290 $184,880 $170,600 3,391,690 $1,676,400 $2,161,750 $903,110 $11,496,856 REVENUES: Ad Valorem Taxes 2,749,000 0 0 0 1,072,760 0 0 0 0 0 3,821,760 Non-property Taxes 814,600 0 406,300 406,300 0 0 0 0 0 0 1,627,200 Franchise Fees 748,000 0 0 0 0 0 0 0 0 0 748,000 Licenses and Permits 260,000 0 0 0 0 0 0 0 0 0 260,000 Intergovernmental 190,200 0 0 0 0 0 0 0 0 0 190,200 Service Fees 768,500 29,500 0 0 0 0 0 3,461,200 0 194,800 4,454,000 Court Fees 277,200 0 0 0 0 0 0 0 0 0 277,200 Interest&Miscellaneous Income 137,400 0 165,020 15,000 15,000 9,000 62,000 126,000 60,000 20,000 609,420 TOTAL REVENUES 5,944,900 29,500 571,320 421,300 1,087,760 9,000 62,000 3,587,200 60,000 214,800 11,987,780 Bond Proceeds 0 0 0 0 0 0 0 0 0 0 0 Transfers From Other Funds 314,000 0 0 0 0 141,000 125,000 0 0 0 580,000 TOTAL AVAILABLE RESOURCES 7,437,010 18,616 1,921,230 912,590 1,272,640 320,600 3,578,690 5,263,600 2,221,750 1,117,910 24,064,636 EXPENDITURES: General Government 2,286,110 0 0 0 0 0 0 0 0 54,500 2,340,610 Public Safety 2,718,310 0 0 0 0 0 0 0 0 557,000 3,275,310 Urban Development 418,920 0 0 0 0 0 0 0 0 0 418,920 Streets 572,540 0 0 0 0 0 0 0 0 0 572,540 Community Services 581,850 36,000 0 178,300 0 0 0 0 0 0 796,150 Utilities 0 0 0 0 0 0 0 2,078,330 1,100,000 55,000 3,233,330 Debt Service 0 0 0 0 1,065,220 141,100 0 1,078,750 0 0 2,285,070 Capital Projects 0 0 0 0 0 0 2,910,000 0 0 0 2,910,000 Economic Development 0 0 937,060 0 0 0 0 0 0 0 937,060 TOTAL EXPENDITURES 6,577,730 36,000 937,060 178,300 1,065,220 141,100 2,910,000 3,157,080 1,100,000 666,500 16,768,990 Transfers to Other Funds 62,500 0 0 141,000 0 0 32,000 312,500 32,000 0 580,000 ENDING FUND BALANCE $796,780 ($17,384) $984,170 $593,290 $207,420 $179,500 $636,690 $1,794,020 $1,089,750 $451,410 $6,715,646 $12,567,780 4,781,210 $17,348,990 $17,348,990 City of Wylie Organization Chart PROPOSED FISCAL YEAR 2000 BUDGET September 14, 1999 Mayor and City Council I I I I 1 l Wylie Economic Boards Consulting Mike Collins Municipal City Attorney Parks& Development & Engineer City Manager Judge Recreation Corporation Carrnissiors w. 1.... Corporation v. IMFL Barbara Salinas Brady Snellgrove Capital Projects& Shan English Jeff Butters Mindy Manson Mignon Morse City Secretary Director of Finance Public Services Fire Chef Police Chef Assistant City Manager Library Director &I#man Resosces Development/ Community Services l ----1----, 1 Barbara LeCoeq Judy Klusmann , Jim Holcomb Capital Project Lt.Ron Sims Lt.Mike Davis Tobin Maples Bill Nelson Development/ Persomel Asst.Finance Ptrchasirg Agent — Coordinator Lt.James Brown Director of Planning Parks Comrrnity Svcs. Manager Director StatelFederal/County Lt.Jett Scribner and Community Superintendent Manager Stanton Forester Development Vacant 1 Capital Project Penni Feil Sue Gheen _ Coordinator Sgt.Scott Stowers Vacant Tim Smithson Cart Utility Billing Local Sgt.Chris Howell Btildirg Official Parks Crew Supervisor Supervisor Jack Jones Sgt.Mike Atkinson Leader _.. Public Works Superintendent Animal Control Vacant • Rick Daddio Public Works Foreman David Carter Utility Crew Leader DEPARTMENTAL STAFFING SUMMARY FY2000 PROPOSED BUDGET ALL POSITIONS SHOWN AS FULL-TIME EQUIVALENTS REQUESTED PROPOSED BUDGET BUDGET BUDGET BUDGET BUDGET FUND 1996-97 1997-98 1998-1999 1999-2000 1999-2000 General Fund: City Manager 2.50 2.50 2.50 3.50 3.50 City Secretary 1.50 1.50 1.50 3.00 2.00 Municipal Court 2.00 2.00 2.00 2.00 2.00 Finance 6.00 6.00 6.00 6.00 6.00 Building & Fleet Services 1.00 1.00 1.00 1.00 1.00 Police 24.85 25.10 28.10 30.10 30.10 Fire 11.50 11.50 13.50 19.30 18.00 Animal Control 1.00 1.00 1.00 1.00 1.00 Development Services 4.50 5.50 7.50 11.00 8.00 Streets 5.25 5.25 5.25 5.25 5.25 Parks 5.00 6.00 6.00 7.00 6.00 Recreation 0.00 0.50 0.50 1.50 0.50 Library 4.75 4.75 4.75 6.25 4.50 TOTAL General Fund 69.85 72.60 79.60 96.90 87.85 Utilty Fund: Utilities Administration 3.50 3.50 4.00 5.00 5.00 Utilities -Water and Sewer 8.00 8.00 8.00 8.00 8.00 Utility Billing 3.50 3.50 3.50 4.50 4.50 TOTAL Utility Fund 15.00 15.00 15.50 17.50 17.50 TOTAL Wylie Economic Develop. 1.50 2.00 2.00 2.00 2.00 TOTAL 4B Sales Tax Fund 0.00 0.00 0.00 0.00 3.50 TOTAL ALL FUNDS 86.35 89.60 97.10 116.40 110.85 3 PROPERTY TAX DISTRIBUTION CALCULATIONS FY2000 FY1999 Tax Year Tax Year TAX ROLL: 1999 1998 Assessd Valuation (100%) $542,529,297 $463,393,177 Rate per$100 0.700 0.675 Total Tax Levy 3,797,705 3,127,904 Percent of Collection 98% 98% Estimated Current Tax Collections $3,721,751 $3,056,350 SUMMARY OF TAX COLLECTIONS: Current Tax $3,721,751 $3,056,350 Delinquent Tax 70,000 70,000 Penalty and Interest 30,000 30,000 TOTAL TAX COLLECTIONS $3,821,751 $3,156,350 DISTRIBUTION: FY2000 FY2000 PERCENT FY2000 FY1999 TAX RATE OF TOTAL AMOUNT AMOUNT GENERAL FUND: Current Tax $2,677,066 $2,348,070 Delinquent Tax 50,351 53,270 Penalty and Interest 21,579 22,830 Total General Fund $0.503512 71.930% $2,748,996 $2,424,170 DEBT SERVICE FUND: Current Tax $1,044,685 $717,770 Delinquent Tax 19,649 16,390 Penalty and Interest 8,421 7,020 Total Debt Service Fund $0.196488 28.070% $1,072,755 $741,180 DISTRIBUTION $0.700000 100.00% $3,821,751 $3,165,350 ASSESSED VALUATION OF TAXABLE PROPERTY LAST NINE YEARS AND PRELIMINARY FY2000 600 542.5 I 500 463.4 426.9 z F"• 400 O 402 1 300 wg � 2200 I: ,I I I I I I I I `I 100I . ....... ,,,.��,...�' FY91 FY92 FY93 FY94 FY95 FY96 FY97 FY96 FY99 FY2000 FISCAL YEAR 4 GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES AMENDED CM PROPOSED ACTUAL BUDGET ESTIMATED BUDGET 1997-98 1998-99 1998-99 1999-2000 BEGINNING BALANCE $1,098,155 $1,280,170 $1,538,140 $1,178,110 REVENUES: Ad Valorem Taxes 2,343,487 2,424,170 2,424,000 2,749,000 Sales Taxes 646,526 626,800 742,000 814,600 Franchise Fees 626,729 684,770 699,050 748,000 Licenses and Permits 201,454 150,000 260,000 260,000 Intergovernmental Revenues 174,364 192,870 163,300 190,200 Service Fees 652,519 646,310 805,400 768,500 Court Fees 264,195 244,400 263,000 277,200 Assessments 0 13,240 26,480 0 Interest and Miscellaneous Revenues 172,375 152,060 160,670 137,400 Total Revenues 5,081,649 5,134,620 5,543,900 5,944,900 OTHER FINANCING SOURCES: Bond Proceeds 418,000 410,000 410,000 0 Transfers from Other Funds 268,549 250,000 250,000 314,000 Total Other Financing Sources 686,549 660,000 660,000 314,000 Total Revenues&Other Financing Sources 5,768,198 5,794,620 6,203,900 6,258,900 TOTAL AVAILABLE RESOURCES 6,866,353 7,074,790 7,742,040 7,437,010 EXPENDITURES: General Government: City Council 66,739 61,770 63,430 67,100 City Manager 171,766 197,620 199,620 274,110 City Secretary 71,684 110,510 81,290 107,200 Municipal Court 102,102 124,955 116,400 137,520 Finance 369,107 427,250 415,080 425,540 Facilities&Fleet Services 72,241 99,180 100,210 144,250 Combined Services 986,591 1,180,399 1,168,470 1,046,000 Animal Control 39,147 53,770 49,840 84,390 Public Safety: Police 1,117,247 1,796,595 1,727,460 1,704,460 Fire 556,897 862,178 905,950 1,013,850 Development Services: 244,198 349,040 327,850 418,920 Streets 668,928 455,660 444,280 572,540 Community Services: Parks 222,493 247,530 253,550 285,300 Recreation 0 33,705 16,540 30,240 Library 260,365 255,160 258,630 266,310 Transfers to Other Funds 378,710 435,329 435,330 62,500 TOTAL EXPENDITURES 5,328,215 6,690,651 6,563,930 6,640,230 ENDING FUND BALANCE 1,538,138 384,139 1,178,110 796,780 5 GENERAL FUND SCHEDULE OF REVENUES BY SOURCE AMENDED PROPOSED ACTUAL BUDGET ESTIMATED BUDGET 1997-98 1998-99 1998-99 1999-2000 Ad Valorem Taxes: Current Taxes 2,280,698 2,348,070 2,370,000 2,677,100 Delinquent Taxes 37,745 53,270 30,000 50,350 Penalty&Interest 25,044 22,830 24,000 21,580 Sales Taxes: General 644,409 625,000 740,000 812,600 Alcoholic Beverage 2,117 1,800 2,000 2,000 Franchise Fees: Electric Franchise 415,000 463,000 474,050 503,700 Gas Franchise 39,874 40,270 31,380 40,000 Telephone Franchise 59,551 63,120 59,560 61,300 Cable Franchise 44,177 46,380 52,860 54,000 Sanitation Franchise 68,127 72,000 81,200 89,000 Licenses and Permits 201,454 150,000 260,000 260,000 Intergov'T.I Revenues: Lake Patrol 28,580 32,000 32,000 25,000 COP Grant#1 56,856 50,200 90,000 117,280 COP Grant#2 0 58,240 0 0 COP Grant#3 0 6,950 0 0 WISD-Cop Grant 0 9,700 6,500 12,620 CAD Grant 0 0 0 0 State Grant(Library) 48,121 0 0 0 County Library Grant 4,300 4,300 4,300 4,300 ISD/School Guard 8,307 10,980 10,000 9,000 Fire/Dispatcher Service 28,200 20,500 20,500 22,000 Service Fees: 911 Fees 73,419 113,010 125,000 125,000 Alarm Permits 1,693 12,100 5,200 5,000 Animal Control Fees 3,434 1,700 4,500 2,500 Development Fees 104,028 50,000 166,000 106,000 Sanitation Fees 465,718 466,300 500,000 525,000 Other 4,227 3,200 4,700 5,000 Court Fees 264,195 244,400 263,000 277,200 Interest Income 95,356 70,000 106,000 100,000 Assessments 0 13,240 26,480 0 Miscellaneous: Library Grants(private) 41,478 17,620 0 0 Rental Income 17,423 31,440 32,100 32,400 Miscellaneous Income 15,117 33,000 22,570 5,000 Sales of City Property 3,001 0 0 0 Other Financing Sources: Transfers from Street Fund 0 0 0 32,000 Transfers from Animal Shelter 18,549 0 0 0 Transfers from Utility Fund 250,000 250,000 250,000 282,000 Proceeds from Tax Note 418,000 410,000 410,000 0 TOTAL REVENUES $5,768,198 $5,794,620 $6,203,900 $6,258,930 REVENUE SOURCES EXPENDITURE TYPE Ad Valorem TaxrillIF General Government 34% Sales TaxFranchise Fees Public Safety 1% Licenses and PermitsIntergovernmentalDevelopment Services 6% Service Fees Streets 9% Court FeesInterest IncomeCommunity Services 9% Miscellaneous RevenueOther Financing SourcesI Other Financing Uses 1% I I I I I 0 500 1000 1500 2000 2500 3000 0 500 1000 1500 2000 2500 3000 REVENUE AMOUNT EXPENDITURE AMOUNT Thousands Thousands 6 COMMUNITY PARK FUND DESCRIPTION Accomplishments for FY1999 The Community Park fund accounts for the revenues generated by public activity at the City's Community Park complex. The park revenues are generated by Objectives for FY2000 user charges for the use of fields and lighting and fees collected from concessions. This park complex provides excellent athletic facilities for conducting sport activities such as soccer, baseball, and football. The park also provides a pavilion for community gatherings and has outdoor picnic areas. The complex is well Major Budget Items lighted for night time events and has a fully equipped concession facility. STATEMENT OF REVENUES AND EXPENDITURES PROPOSED ACTUAL BUDGET ESTIMATED BUDGET 1997-98 1998-99 1998-99 1999-2000 BEGINNING FUND BALANCE ($1,846) ($9,010) ($11,884) ($10,884) REVENUES: Batting Cages 0 2,000 0 0 Concessions 12,593 11,000 12,500 12,500 Lighting Fees 6,255 6,000 6,000 6,000 League/Athletic Fees 10,355 12,000 11,000 11,000 Interest 133 0 0 0 TOTAL REVENUES 29,336 31,000 29,500 29,500 TOTAL AVAILABLE 27,490 21,990 17,616 18,616 EXPENDITURES: Supplies 7,643 1,990 9,000 10,000 Maintenance 0 0 0 0 Contractual Services 31,072 20,000 25,500 26,000 Capital Outlay 659 0 0 0 TOTAL EXPENDITURES 39,374 21,990 34,500 36,000 TOTAL FUND BALANCE ($11,884) $0 ($10,884) ($17,384) 7 WYLIE ECONOMIC DEVELOPMENT CORPORATION FUND DESCRIPTION Council. The Wylie Economic Development Corporation (WEDC)accounts for the use of 4A sales tax revenue Accomplishments for FY1999 which is restricted by State legislation for directly enhancing and promoting economic development. + Sales tax levied in Wylie is 8.25% of goods and services sold within the City's boundaries. Of this 8.25%tax, .5% of the City's share goes to WEDC. Objectives for FY200 FUND NARRATIVE The goal of WEDC is to increase the employment + opportunities and tax base of the Wylie community. The WEDC establishes specific goals and develops an annual Action Plan to accomplish these goals. Major Budget Items The 4A sales tax funds the daily operations and programs of the WEDC. A full-time executive director + is employed by WEDC.This individual reports to a five- member Board of Directors appointed by the City STATEMENT OF REVENUES OF EXPENDITURES PROPOSED ACTUAL BUDGET ESTIMATED BUDGET 1997-98 1998-99 1998-99 1998-2000 BEGINNING FUND BALANCE $1,226,789 $1,199,200 $1,280,098 $1,349,910 REVENUES: Sales Tax 322,204 312,200 370,000 406,300 Interest Rental 18,482 15,000 16,202 165,020 TOTAL REVENUES 340,686 327,200 386,202 571,320 TOTAL AVAILABLE RESOURCE 1,567,475 1,526,400 1,666,300 1,921,230 EXPENDITURES: Administrative Expenses 239,534 193,825 236,390 199,240 Economic Incentives: General 47,843 133,375 80,000 226,070 Extruders 0 0 0 428,920 Debt Service 0 0 0 82,830 TOTAL Expenditures 287,377 327,200 316,390 937,060 Fund Balance-Unreserved 664,263 425,280 575,990 $210,250 Fund Balance-Reserved for Inventories 773,918 773,920 773,920 $773,920 TOTAL FUND BALANCE $1,280,098 $1,199,200 $1,349,910 $984,170 PROPOSED BUDGET BUDGET BUDGET BUDGET STAFFING LEVEL 1996-97 1997-98 1998-99 1999-2000 Executive Director 28-E 0.5 1 1 1 Secretary 1 18-N 0 1 1 1 0.5 0.5 2 2 8 4B SALES TAX REVENUE FUND FUND DESCRIPTION each in the Library and Parks departments and one and one-half in the Recreation department. Other The Wylie Park and Recreation Facilities funds will be used for purchases of capital equipment Development Corporation (A.K.A. the 4B for parks and for library services. Corporation) was established to promote economic development within the City of Wylie. The activities of Accomplishments for FY1999 the 4B Corporation are accounted for in three fund types. The three funds are titled the 4B Sales Tax + Funded capital improvement projects at Community Revenue Fund, the 4B Debt Service Fund, and the 4B park($20,000). Capital Projects Fund. This special revenue fund + Funded computers and printers, furniture, accounts for the use of the 4B Corporation sales tax books/materials/software, and training for the revenue which is restricted by State legislation to Library ($20,000). promoting economic development. Sales taxes are levied in Wylie at 8.25% of goods and services sold Major Budget Items within the City's boundaries. Of this 8.25%tax, .5% of the City's share goes to the 4B Sales Tax Operating + Debt Service Transfer of$141,000. Fund. + Addition of Community Services Coordinator position ($40,030). FUND NARRATIVE + Additon of a Building Monitor for the Community Center($9,670). The fund ended fiscal year 1998-99 with an estimated + Addition of professional Librarian ($39,420). fund balance at September 30, 1999 of$492,290. The + Addition of parks maintenance worker($29,280). estimated FY1999 year-end revenues and + Capital equipment for park maintenance ($20,000). expenditures are$385,500 and $178,960 respectively. + Funding for additional computers and printers, The fund balance for FY1999 is estimated to increase furniture, books/materials/software, and training for by $206,540, bringing the ending fund balance to the Library ($20,000). $491,290. This surplus(Fund Balance)will be used in Fy2000 to fund three and one-half new positons-one STATEMENT OF REVENUES AND EXPENDITURES PROPOSED ACTUAL BUDGET ESTIMATED BUDGET 1997-98 1998-99 1998-99 1999-2000 BEGINNING FUND BALANCE $180,806 $247,290 $284,750 $491,290 REVENUES Sales Tax 322,204 312,200 370,000 406,300 Interest Income 10,041 15,000 15,500 15,000 Transfer from 4B Debt Service Fund 10,000 0 0 0 TOTAL REVENUES 342,245 327,200 385,500 421,300 TOTAL AVAILABLE RESOURCES 523,051 574,490 670,250 912,590 EXPENDITURES: Library 65,033 20,000 20,000 59,420 Community Center 17,556 0 0 0 Parks 19,159 20,000 20,000 59,180 Recreation 0 0 0 59,700 Transfer to 4B Debt Service Fund 136.560 138.960 138,960 141.000 TOTAL EXPENDITURES 238,308 178,960 178,960 319,300 TOTAL FUND BALANCE $284,743 $395,530 $491,290 $593,290 9 GENERAL OBLIGATION DEBT SERVICE FUND FUND DESCRIPTION unanticipated declines in the area economy is reflected in the budgeted FY2000 ending fund balance of The debt service funds, also known as interest and $207,420. The projected ending fund balance sinking funds,are established by ordinance authorizing represents 19.5% of the debt service requirement for the issuance of bonds and providing for the payment of FY2001. bond principal and interest as they come due. In the General Obligation Debt Service Fund, an ad valorem During FY1999, the citizens of Wylie approved (property) tax rate is required to be computed and $17,940,000 in general obligation bonds to be used for levied that will be sufficient to produce the funds to street, drainage, and park improvements. In satisfy annual debt service requirements. General September 1999,the City will sell $3,200,000 of these obligation bonds of the City carry an"Baa 1"rating with general obligation bonds. The proceeds will be used a positive outlook from Moody's Investor's Service. to pay the issuance costs and to fund street The City's rating with Standard&Poor's Rating Service improvements ($1,870,000), drainage improvements is"A." ($850,000) and park projects ($480,000). FUND NARRATIVE In September 1999, the City will also issue $410,000 in Public Property Finance Contractual Obligations. The audited fund balance September 30,1998 for the The proceeds will be used to purchase a new"Quint" Debt Service Fund is $169,970 and is being used as style fire truck and to pay for the costs associated with the estimated beginning fund balance for FY1999 to issuance of the debt. aid in estimating the final results for that year. The estimated ending fund balance for FY1999 is As reflected in the table below, the City's debt service $184,880. The City's policy of maintaining reasonable payments will be approximately$1,063,210 in FY2000 fund balances to insulate the City's finances from and $1,100,100 in FY2001. Total outstanding general obligation debt $23,119,209 Less amount allocated to Utility enterprise fund 9,150,550 Net outstanding general obligation debt $13,968,659 ANNUAL REQUIREMENTS TO AMORTIZE NET TAX SUPPORTED DEBT SERVICE REQUIREMENTS October 1, 1999 to Maturity TEXAS PUBLIC YEAR ENDING TAX PROPERTY FINANCE TOTAL SEPTEMBER 30 SUPPORTED CONTRACTUAL REQUIREMENTS G.O. BONDS TAX NOTES OBLIGATION 2000 $783,222 $172,985 $107,003 $1,063,210 2001 815,627 175,709 108,764 1,100,100 2002 810,893 174,370 109,619 1,094,882 2003 811,059 177,897 110,200 1,099,156 2004 801,063 176,031 110,500 1,087,594 2005-2019 8,167,959 178,763 176,995 8,523,717 TOTAL $12,189,823 $1,055,755 $723,081 $13,968,659 10 GENERAL OBLIGATION DEBT SERVICE FUND STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET ESTIMATED PROPOSED 1997-98 1998-99 1998-99 BUDGET 1999-2000 BEGINNING FUND BALANCE $143,298 $152,550 $167,970 $184,880 REVENUES Ad Valorem Taxes: Current Taxes 559,063 717,770 732,000 1,044,690 Delinquent Taxes 10,681 16,390 8,500 19,650 Penalty and Interest 6,893 7,020 6,200 8,420 Total Ad Valorem Taxes 576,637 741,180 746,700 1,072,760 Interest Income 13,844 8,000 13,100 15,000 TOTAL REVENUES 590,481 749,180 759,800 1,087,760 TOTAL AVAILABLE RESOURCES 733,779 901,730 927,770 1,272,640 EXPENDITURES: Principal Retirement 226,799 412,430 412,440 578,400 Interest 337,367 328,750 328,950 484,820 Fiscal Agent Fees 1,646 1,950 1,500 2,000 TOTAL EXPENDITURES 565,812 743,130 742,890 1,065,220 TOTAL FUND BALANCE $167,967 $158,600 $184,880 $207,420 ANNUAL REQUIREMENTS TO AMORTIZE GENERAL OBLIGATION DEBT Net of Self-Supported Debt Paid by Utilty Fund October 1,1999 to Maturity $1,000,000 $800,000 $600,000 $400,000 r 2001 2003 2005 2007 2009 2011 2013 2015 2017 2019 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 in Interest -1 Principal 11 4B DEBT SERVICE FUND FUND DESCRIPTION FUND NARRATIVE The debt service funds, also know as interest and The financial statement for this particular fund is fairly sinking unds,are established by ordinance authorizing straight forward. Transfers are made from the 4B the issuance of bonds and providing for the payment of Sales Tax Revenue Fund sufficient for supporting bond principal and interest as they come due. The 4B annual debt service requirements. The estimated Debt Service fund receives sales tax as a transfer from ending fund balance at September 30, 1999 is the 4B Sales Tax fund to meet the debt service $170,600. This ending fund balance is primarly made requirements associated with the issuance of up of the required Reserve Fund of $149,150. The $1,710,000 of bonds in April, 1996. The revenue reserved monies can only be used if the current year's bonds were issued by the Wylie Park and Recreation sales tax revenue stream is insufficient to support the Facilities Development Corporation and received debt. At the beginning of FY2000 outstanding revenue ratings of"Baa"from Moody's Investor's Service and debt is $2,438,450. a"BBB" Standard & Poor's Ratings Service. STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET ESTIMATED PROPOSED 1997-98 1998-99 1998-99 BUDGET 19998-2000 BEGINNING FUND BALANCE $162,167 $159,870 $161,500 $170,600 REVENUES Interest Income 9,221 7,500 9,000 9,000 Transfer from 4B Operating Fund 136,560 138,960 138,960 141,000 TOTAL REVENUES 145,781 146,460 147,960 150,000 TOTAL AVAILABLE RESOURCES 307,948 306,330 309,460 320,600 EXPENDITURES Debt Service- Principal 45,000 50,000 50,000 55,000 Debt Service- Interest 90,959 88,360 88,360 85,500 Debt Service-Agents Fees 500 600 500 600 Transfer to 4B Sales Tax Fund (Rsry 10.000 0 0 0 TOTAL EXPENDITURES 146,459 138,960 138,860 141,100 Fund Balance- Reserved for Debt 149,150 149,150 149,150 149,150 Fund Balance Unreserved 12,339 18,220 21.450 30,350 TOTAL FUND BALANCE $161,489 $167,370 $170,600 $179,500 12 4B DEBT SERVICE FUND ANNUAL REQUIREMENTS TO AMORTIZE SALES TAX REVENUE DEBT October 1, 1996 to Maturity $160,000 — $140,000 $120,000 — $100,000 $80,000 $60,000 $40,000 $20,000 $0 I� I I I .... Ir . I I I 2001 2003 2005 2007 2009 2011 2013 2015 2000 2002 2004 2006 2008 2010 2012 2014 2016 Interest Principal ANNUAL REQUIREMENTS TO AMORTIZE SALES TAX REVENUE DEBT October 1, 1999 to Maturity YEAR ENDING TOTAL SEPTEMBER 30 PRINCIPAL INTEREST REQUIREMENTS 2000 $55,000 $85,470 $140,470 2001 55,000 82,445 137,445 2002 60,000 79,282 139,282 2003 65,000 75,845 140,845 2004 70,000 72,133 142,133 2005-2016 1,265,000 473,275 1,738,275 TOTAL $1,570,000 $868,450 $2,438,450 13 STREET CAPITAL PROJECT FUND FUND DESCRIPTION Calloway, Citizens, and Cottonbelt. The Street Capital Project Fund was created to Objectives for FY2000 account for proceeds from the sale of general obligation bonds to be used for street improvements, Complete the Design, Engineering and ROW drainage,curbs&gutters, alleys, sidewalks and traffic acquisition for Alanis, Ballard, Stone and Kirby. control. Complete the paving of McMillen Road, Ballard Street median landscaping and various sidewalks. FUND NARRATIVES Construct drainage improvements to Valentine Park, Presidential Estates, Rustic Oaks and First The primary funding sources for the Street Fund in Street. FY2000 will be from the sale of$2,720,000 in bonds authorized in the 1999 Bond Program and estimated Major Budget Items interest earnings of$50,000. + Street Design, Engineering and ROW acquisition Accomplishments for FY1999 ($1,133,000). + Asphalt paving of McMillen Road between + Completed street reconstruction projects on McCreary and FM1378 ($120,000). McCreary Road, Kreymer Lane and Cottonbelt + Hilltop alley reconstruction ($164,800). (south of Brown). + Sidewalks and Traffic Control ($380,000). + Completed street reconditioning projects on Mardi Ballard Street median landscaping ($72,000). Gras, Memorial, Valentine, Jackson, College, Drainage Projects ($850,000). STATEMENT OF REVENUES AND EXPENDITURES PROPOSED ACTUAL BUDGET ESTIMATED BUDGET 1997-98 1998-99 1998-99 1999-2000 BEGINNING FUND BALANCE $877,705 $405,070 $538,440 $2,707,330 REVENUES Interest Income 38,627 2,000 12,840 50,000 Street Assessments 2,112 0 6,480 0 Intergovernmental Revenue 175,294 0 0 0 Transfer from General Fund 317,960 0 0 0 Miscellaneous Income 0 0 59,510 0 Bond Proceeds 0 2,720,000 2,720,000 0 TOTAL REVENUES 533,993 2,722,000 2,798,830 50,000 TOTAL AVAILABLE RESOURCES 1,411,698 3,127,070 3,337,270 2,757,330 EXPENDITURES Supplies 0 5,000 3,800 0 Contractual Services 84,175 15,000 11,740 30,000 Capital Outlay 789,084 614,400 614,400 2,160,000 Transfer to General Fund 0 0 0 32,000 TOTAL EXPENDITURES 873,259 634,400 629,940 2,222,000 TOTAL FUND BALANCE $538,439 $2,492,670 $2,707,330 $535,330 14 4B CAPITAL PROJECTS FUND FUND DESCRIPTION Accomplishments for FY 1999 Capital project funds are created to account for + Completed Phase I of Founders Park proceeds from the sale of general obligation bonds or revenue bonds to be used for the acquisition or construction of major capital facilities. The 4B Capital Project Fund was established to account for proceeds from the sale of revenue bonds by the Wylie Park and Recreation Facilities Development Corporation (A.K.A. the 4B Corporation). STATEMENT OF REVENUES AND EXPENDITURES PROPOSED ACTUAL BUDGET ESTIMATED BUDGET 1997-98 1998-99 1998-99 1999-200 BEGINNING FUND BALANCE $720,900 $0 $498,397 $0 REVENUES Park Grant 0 0 0 0 Interest Income 39,763 11,500 11,500 0 Miscellaneous-WISD 0 103,730 103,730 0 TOTAL REVENUES 39,763 115,230 115,230 0 TOTAL AVAILABLE RESOURCES 760,663 115,230 613,627 0 EXPENDITURES Community Center Renovation 3,611 0 0 0 Founders Park 258,655 613,630 613,627 0 TOTAL EXPENDITURES 262,266 613,630 613,627 0 TOTAL FUND BALANCE $498,397 ($498,400) $0 $0 15 PARK CAPITAL PROJECT FUND FUND DESCRIPTION At Founders Park, install ballfield lighting on two The Park Capital Project Fund was created to account fields. for proceeds from the sale of general obligation bonds to be used for improvements to city parks. Major Budget Items FUND NARRATIVES + Community Park ballfield lighting ($92,700). The primary funding sources for the Park Fund in FY2000 will be from the sale of $480,000 in bonds + Community Park sidewalks and drainage authorized in the 1999 Bond Program and estimated ($51,500). interest earnings of$12,000. + Community Park walking trail ($77,250). Objectives for FY2000 + Founders Park ballfield lights ($258,550). At Community Park, complete the installation of additional ballfield lights, construct a 1-mile walking path, build additional sidewalks and make drainage improvements throughout the Park. STATEMENT OF REVENUES AND EXPENDITURES PROPOSED ACTUAL BUDGET ESTIMATED BUDGET 1997-98 1998-99 1998-99 1999-2000 BEGINNING FUND BALANCE $0 $0 $0 $480,000 REVENUES Interest Income 0 0 0 12,000 Bond Proceeds 0 480,000 480,000 0 TOTAL REVENUES 0 480,000 480,000 12,000 TOTAL AVAILABLE RESOURCES 0 480,000 480,000 492,000 EXPENDITURES Contractual Services 0 0 0 5,000 Capital Outlay 0 0 0 385,000 Transfer to General Fund 0 0 0 5,000 TOTAL EXPENDITURES 0 0 0 395,000 TOTAL FUND BALANCE $0 $480,000 $480,000 $97,000 16 SERVICE CENTER CAPITAL PROJECT FUND FUND DESCRIPTION sale of the old Service Center property added another $200,000 to the Fund in FY1999. The Service Center Capital Project Fund was originally created to account for proceeds from the sale of Accomplishments for FY1999 general obligation bonds to be used for the construction of a new Service Center. The current + Completed the construction of the west parking lot objectives of the fund are the addition of a fleet for city equipment and bulk material storage. maintenance garage and construction of a new animal shelter, both to be completed in FY2000. Objectives for FY2000 + Design, bid and complete construction of the fleet FUND NARRATIVES maintenance garage. Phase I of the Service Center, consisting of the + Design, bid and complete construction of the new administrative/warehouse building, was completed in Animal Shelter. 1996. The garage and most of the paving included in the original design were delayed until additional + Complete the concrete paving required to provide funding could be made available.Additional funds were access to the garage addition and the existing allocated for Phase II in FY1997. Revenue from the warehouse area on the east side of the building. STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET ESTIMATED PROPOSED 1997-98 1998-99 1998-99 BUDGET 1999-2000 BEGINNING FUND BALANCE $126,875 $110,270 $112,100 $204,360 REVENUES Interest Income 7,003 5,000 10,700 0 Sale of City Property 0 200,000 200,000 0 Transfer from General Fund 0 6,320 6,320 62,500 Transfer from Utility Fund 0 0 0 62,500 Transfer from Utility Fund 0 0 0 0 TOTAL REVENUES 7,003 211,320 217,020 125,000 TOTAL AVAILABLE RESOURCES 133,878 321,590 329,120 329,360 EXPENDITURES Contractual Services 3,225 6,320 6,450 0 Animal Shelter 0 0 0 112,500 Service Center Construction 0 118,310 118,310 212,500 Transfer Out 18,549 0 TOTAL EXPENDITURES 21,774 124,630 124,760 325,000 TOTAL FUND BALANCE $112,104 $196,960 $204,360 $4,360 17 FIRE STATION CAPITAL PROJECT FUND FUND DESCRIPTION personnel. The expansion provides living quarters, a training room, and offices. The Fire Station Capital Project Fund was created to account for proceeds from the sale of tax notes to be Fire Station 2 was constructed on 7.5 acres of land used for the construction of a new Fire Station. located on the west side of FM1378 just north of Brown Street. The Fire Station Capital Project Fund received a transfer from the General Fund of $60,750 for the FUND NARRATIVES purchase of the land. Construction of the station was begun in the summer of 1998 with completion The Fire Station Capital Project Fund received scheduled for early in FY1999. The station is a 5,600 $642,000 from the sale of tax notes in FY1998 to be square foot facility consisting of living quarters, a used for the expansion of Fire Station 1 and the training room, offices and an apparatus bay. construction Fire Sation 2. Fire Station 1, located on South Ballad Street, was expanded by approximately Accomplishments for FY1999 3,000 square feet to a total of 5,600 square feet to accommodate the conversion of the fire department + Completed the Construction of Fire Station 2. from part-time and volunteer firefighters to full-time STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET ESTIMATED BUDGET 1997-98 1998-99 1998-99 1999-2000 BEGINNING FUND BALANCE $0 $194,700 $134,850 $0 REVENUES Interest Income 270 0 3,320 0 Bond Proceeds 642,000 0 0 0 Transfer from General Fund 60,750 19,010 19,010 0 TOTAL REVENUES 703,020 19,010 22,330 0 TOTAL AVAILABLE RESOURCES 703,020 213,710 157,180 0 EXPENDITURES Contractual Services 25,627 0 0 0 Furniture & Fixtures 0 12,000 4,710 0 Fire Station 481,791 182,700 152,470 0 Land 60,750 0 0 0 TOTAL EXPENDITURES 568,168 194,700 157,180 0 TOTAL FUND BALANCE $134,852 $19,010 $0 $0 18 CITY OF WYLIE UTILITY FUND COMBINED STATEMENT OF REVENUES AND EXPENDITURES Proposed Actual Budget Estimate Budget 1997-98 1998-99 1998-99 1999-2000 OPERATING REVENUES: Water Sales $1,888,836 $1,718,160 $1,685,000 $1,744,000 Sewer Service 1,160,817 1,159,450 1,280,000 1,324,800 Sewer Pass Thru 269,372 281,000 275,000 282,100 Penalty& Interest 48,956 45,000 47,000 48,000 Water Tap Fees 33,628 28,000 43,000 47,300 Sewer Tap Fees 7,000 6,000 10,000 11,000 Reconnect Fees 4,040 3,700 3,700 4,000 TOTAL OPERATING REVENUES $3,412,649 $3,241,310 $3,343,700 $3,461,200 OPERATING EXPENSES: Water Purchases 420,036 475,700 475,700 475,700 Sewer Treatment 232,573 238,800 238,800 304,000 Utility Administration 156,478 184,440 181,990 249,890 Utilities(Water&Sewer) 636,622 733,960 701,160 621,570 Utility Billing 183,970 215,580 206,340 225,370 Combined Services-General Items 242,350 542,130 526,290 201,800 TOTAL OPERATING EXPENSES $1,872,029 $2,390,610 $2,330,280 $2,078,330 NET OPERATING INCOME(LOSS) 1,540,620 850,700 1,013,420 1,382,870 NON-OPERATING REVS(EXP): Utility Pre-treatment Fees 11,915 9,950 10,800 11,000 Interest Income 88,048 84,000 95,000 105,000 Assessments 0 23,100 46,200 0 Misc. Income 43,726 11,900 7,500 10,000 Debt Service (1,028,637) (1,005,590) (1,005,590) (1,078,750) Transfer to Other Funds (250,000) (250,000) (250,000) (312,500) TOTAL NON-OPERATING REVS(EXP) ($1,134,948) ($1,126,640) ($1,096,090) ($1,265,250) NET INCOME(LOSS) 405,672 (275,940) (82,670) 117,620 BEG FUND BALANCE(Working Cap) 1,353,400 1,595,260 1,759,072 1,676,402 END FUND BALANCE(Working Cap) $1,759,072 $1,319,320 $1,676,402 $1,794,022 Distribution of Revenues Distribution of Expenses ° 6.6% Debt Service .1 ° Water Sales 36.9% Utilities(W&S) 5.8% Sewer Service -4.5% Water Purchases Sewer Pass Thru Other Financing Uses 11.3% Sewer Treatment �2.9% Penalty&Interest 1 1.7% Utility Billing �2.I% Tap&Reconnect Fe �2 3% �3.5% Utility Administration Interest &Misc Combined Services �1.9% 0 500 1,000 1,500 2,000 0 300 600 900 1,200 Thousands Thousands 19 UTILITY CONSTRUCTION FUND FUND DESCRIPTION * Completed 8"Water main along Stone Road. The Utility Construction fund was created as a sub-fund of the Utility Fund to account for Objectives for FY2000 proceeds from the sale of general obligation and revenue bonds and State grants to be used for the + Receive$1,380,000 in revenue bonds for water acquisition or construction of major water and and sewer projects. wastewater improvements. + Design right of way Acquisition for 30"line from Accomplishments for FY1999 existing wastewater treatment plant. * Completed 12"Water main along Birmingham. + Design right of way Acquisiton for 36" line from Muddy Creek to new wastewater treatment * Compelted 8" Water main along US78 near plant. Motor Bank. * Design right of way acquisition for new 48"line * Completed 8" Water mains in the downtown to new wastewater treatment plant. area. * Design right of way acquistion at Rush Creek * Completed Water main along 1st street. Lift Station. * Completed 8"Water main along Marble. * Rehab of older sewer lines. * Completed 8"Water main along Ballard. STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET ESTIMATED BUDGET 1997-98 1998-99 1998-99 1999-2000 BEGINNING FUND BALANCE $1,839,026 $1,234,520 $1,201,788 $2,161,750 REVENUES Interest Income 79,520 25,000 46,500 60,000 Grant Proceeds 351 0 0 0 Bond Proceeds 0 1,380,000 1,380,000 0 Transfer from Impact Fund 931,609 0 440,680 0 TOTAL REVENUES 1,011,480 1,405,000 1,867,180 60,000 TOTAL AVAILABLE RESOURCES 2,850,506 2,639,520 3,068,968 2,221,750 EXPENDITURES Water&Sewer Construction 1,648,718 462,000 907,218 1,100,000 Transfer to General Fund 0 0 0 32,000 TOTAL EXPENDITURES 1,648,718 462,000 907,218 1,132,000 ENDING FUND BALANCE $1,201,788 $2,177,520 $2,161,750 $1,089,750 20 FLEET REPLACEMENT FUND DEPARTMENT FUNCTION Parks Department. The Fund also purchased three additional trucks for Community The Fleet Replacement fund is an internal service Development and one additional truck for the Fire fund established to accumulate sufficient Department. Because these vehicles represented resources to replace existing equipment which has an increase to the fleet and were not previously reached or exceeded its useful life. Resources are budgeted in the Replacement Fund, the acquired through charges to operating departments are repaying the Fund by contributing departments in the governmental and enterprise twice the normal replacement fee over the life of type funds. The charges are calculated using a the vehicle. A ten foot trailer for the Parks straight-line amortization of each piece of Department was also purchased by the Fleet equipment based upon the item's expected life. Fund. When a piece of equipment has reached the end Proposed fleet purchases for FY2000 include the of its projected useful life, a decision will be made scheduled replacement of five police patrol as to whether the equipment should be replaced. vehicles, two Public Works utility trucks, one If the cost of retaining the equipment (e.g. pickup truck for Parks and a compact pickup for maintenance expenditures and length of down the Fleet Services motor pool. The addition of a time)do not exceed a predetermined amount,then meter reader and another utility inspector will the equipment will be kept in service. However, require the purchase of two new trucks for Utility once the equipment has been fully amortized a Billing and Development Services, respectively. department will not continue to make payments to The Replacement Fund will also provide partial the Fleet Replacement fund. Interest earnings funding for the new Quint fire apparatus which and equipment auction proceeds will help offset replaces a 1980 model booster truck. the impact of inflation on the replacement costs of Replacement fees collected to date on the booster equipment. amount to $37,000 and those accumulated contributions will be applied to the purchase of the FUND NARRATIVE Quint. In order to comply with low emissions fuel requirements mandated by the Texas Clean Fleet In Fy1999,fleet purchases included the scheduled Program,funds are also being allocated for the bi- replacement of a crew cab utility truck for the Fire fuel(gasoline/propane)conversion of four compact Department. The new truck replaced a 1989 pickups. model that was repainted and transferred to the Department Contribution Vehicle Type 2000 Cost Facilities and Fleet $3,720 1- Compact Pickup w/ Fuel 15,000 Police 47,330 5 Patrol Units 110,000 Fire 60,640 Quint 447,000 Animal Control 1,860 Development Services 18,110 1- Compact Pickup &4 Fuel 22,500 Streets 30,430 Parks 9,620 1 -3/4 Ton Pickup 17,000 Utilities -Administration 2,680 Utilities-Water/Sewer 15,430 2- Utility Trucks 40,000 Utilities - Meter Services 4,980 1 - Compact Pickup w/Fuel 15,000 TOTAL ALL $194,800 $666,500 21 BUDGET REQUEST STATUS EXPANDED LEVELS OF SERVICE - PERSONAL SERVICES (All Departments) Proposed Budget -August 5, 1999 Budget 1999-2000 DEPARTMENT CITY MANAGER Item# REQUESTED PROPOSED City Manager-112 1) New Personnel -Capital Project Coordinator 64,910 64,910 Salary,Benefits and Start Up Supplies&Equipment Postion will Start Late FY99 Total City Manager $64,910 $64,910 City Secretary-113 2) Upgrade Current Positon to Deputy City Secretary 18,150 13,610 Part-time to Full-time-to start in January 2000 3) Receptionist 26,460 Total City Secretary $44,610 $13,610 Police -211 1 Police Communications Supervisor-Grade 11 N 39,450 19,000 Cost includes salary and benefits -to start in April of 2000 5) School Resource Officer(Wylie Junior High School)- Grant 43,360 43,360 City has applied for grant, if received grant will pay 75% of 1st year salary 6) Part Time Police Officers - 5 for one 8 hour shift per week 41,200 Salary and Other Costs to set up Total Police $84,560 $62,360 Fire -231 7) Peak Staffing for Station #2 96,500 8) Part-time Secretary to full-time Department Secretary 18,100 13,610 Salary,Benefits and Supplies-to start in January 2000 9) Full Time Fire Inspector 39,910 39,910 Salary, Benefits and Supplies 10) Paramedic Pay 12,900 12,900 ($100 PER MONTH X 9 PERSONNEL)X12=$10,800)+Benefits Total Fire $167,410 $66,420 Development Services -311 11) New Personnel - Plans Examiner 42,850 Salary,Benefits and Necessary equipment and supplies 12) New Personnel - Part-Time clerk to Full Time 20,400 20,400 Salary,Benefits and Neccessary equipment and supplies 13) New Personnel - Building Inspector Salary,Benefits and Necessary equipment and supplies 37,950 14) New Personnel - Utility Inspector 2,700 22 BUDGET REQUEST STATUS EXPANDED LEVELS OF SERVICE - PERSONAL SERVICES (All Departments) Proposed Budget -August 5, 1999 Budget 1999-2000 DEPARTMENT CITY MANAGER Item# REQUESTED PROPOSED Necessary equipment and supplies,salary budgeted in department 711 15) New Personnel - Planner 57,110 Salary, Benefits,Furniture and necessary start-up supplies TOTAL DEVELOPMENT SERVICES $161,010 $20,400 Library-551 16) Add Full-time Library Clerk 26,500 Total Library $26,500 $0 GENERAL FUND TOTAL $549,000 $227,700 Utility Administration -711 17) New Personnel - Utility Inspector 36,270 36,270 Salalry Only Total Utility Administration $36,270 $36,270 Utility Billing -715 18) New Personnel - Meter Reader 32,170 32,170 Salary,Benefits,Capital Replacement and necessary equipment&supplies Total Utility Billing $32,170 $32,170 UTILITY FUND TOTAL $68,440 $68,440 4B Sales Tax Revenue Fund 19) Parks Maintenance Worker- Salary and Benefits 29,280 29,280 Maintenance of existing facilities 20) Community Center- Community Affairs Coordinator 59,110 50,600 Salary,Benefits,and Necessary Supplies,Equipment 21) Community Center- Building Monitor 9,100 Part-time to monitor after hours activity 21) Library- Public Service Librarian 39,420 39,420 Needed to handle increased reference requests $127,810 $128,400 4B FUND TOTAL $127,810 $128,400 GRAND TOTAL $745,250 $424,540 23 BUDGET REQUEST STATUS EXPANDED LEVELS OF SERVICE - All Departments Proposed Budget - August 5, 1999 Budget 1999-2000 DEPARTMENT CITY MANAGER Item# REQUESTED PROPOSED City Council -111 1) Benches 15,000 15,000 Total City Council $15,000 $15,000 City Manager-112 2) New Personnel - Capital Project Coordinator 64,910 64,910 Salary,Benefits and Start Up Supplies&Equipment Postion will Start Late FY99 2A) Laptop Computer and Furniture 2,900 1,900 Total City Manager $67,810 $66,810 City Secretary-113 3) Upgrade Current Positon to Deputy City Secretary 18,150 13,610 Part-time to Full-time -To start in January 2000 4) Receptionist 26,460 Total City Secretary $44,610 $13,610 Municipal Court-122 5) New Court System $23,000 7,200 7,200 Hardware and software for a new court system Funded by Capital Lease Purchase Total Municipal Court $7,200 $7,200 Finance -131 6) Sony Digital Camera 1,100 Total Finance 1,100 $0 Facilities & Fleet-132 7) Vehicle Lift, hydraulic, two post, 12,000 lbs. 8,300 8,300 8) 7.5 h. p. air compressor, 120 gal, 3 phase, 25.8CFM 6,000 6,000 9) Wheel Balancer, variable speed 5,800 5,800 1o) Brake Lathe with Light Truck Adapter and Bench 6,400 6,400 i 1) Roof(Municipal Complex) 134,000 12) Fleet Equipment Management Software 10,440 0 Total Facilities & Fleet $170,940 $26,500 24 BUDGET REQUEST STATUS EXPANDED LEVELS OF SERVICE -All Departments Proposed Budget -August 5, 1999 Budget 1999-2000 DEPARTMENT CITY MANAGER Item# REQUESTED PROPOSED Combined Services, General - 181 13) Electrical Wiring for the Backup Generator to the EOC 1,100 Total Combined Services, General $1,100 $0 Police -211 1 Police Communications Supervisor- Grade 11 N 39,450 19,000 Cost includes salary and benefits -to start in April of 2000 15) Mobile Data Computers (3)for Squad Cars 113,190 16) School Resource Officer(Wylie Junior High School)-Grant 43,360 43,360 City has applied for grant, if received grant will pay 75% of 1st year salary 17) Part Time Police Officers - 5 for one 8 hour shift per week 41,200 Salary and Other Costs to set up 18) Hot Dog Alert System 900 19) K-9 Transport Insert 1,300 20) Stationary and Moving Radar- Replacement 3,550 3,550 21) MTS 2000 Portable Radios 2,800 2,800 22) Voice Logging Equipment- Replacement 22,500 22,500 23) Vector light bars for squad cars (3)- Replacement 2,550 2,550 24) Eight foot Partitions 2,000 2,000 25) Threat Level III Tactical Entry Vests (4) 2,800 2,800 26) 308 Caliber Sniper Rifle with scope-1 3,200 3,200 27) Police Patrol Bikes (2) 3,800 3,800 28) Overtime for Traffic Law Enforcement 10,000 10,000 28A) Jail Services Contract 40,000 $0 Total Police $332,600 $115,560 Fire -231 29) Peak Staffing for Station#2 96,500 30) Part-time Secretary to full-time Department Secretary 18,100 13,610 Salary,Benefits and Supplies-To start in January 2000 31) Full Time Fire Inspector 39,910 39,910 Salary,Benefits and Supplies - 25 BUDGET REQUEST STATUS EXPANDED LEVELS OF SERVICE -All Departments Proposed Budget -August 5, 1999 Budget 1999-2000 DEPARTMENT CITY MANAGER Item# REQUESTED PROPOSED 32) Forward Looking Infra Red Camera 16,200 16,200 33) Portable radios w/face mask interfaces 4,450 4,450 34) Holmotro Spreaders (Jaws of Life)- Replacement 4,760 4,760 35) Mobile Data Computers - 3 each 54,000 36) Paramedic Pay 12,900 12,900 ($100 PER MONTH X 9 PERSONNEL)X12=$10,800)+Benefits Total Fire $246,820 $91,830 Animal Control -251 37) Animal Shelter and Parking Lot 235,000 Total Animal Control $235,000 $0 Development Services -311 42,850 0 38) New Personnel - Plans Examiner Salary,Benefits and Necessary equipment and supplies 39) New Personnel - Part-Time clerk to Full Time 20,400 20,400 Salary,Benefits and Neccessary equipment and supplies 40) New Personnel - Building Inspector Salary,Benefits and Necessary equipment and supplies 37,950 41) New Personnel - Utility Inspector 2,700 Necessary equipment and supplies,salary budgeted in department 711 42) Community Development Software 8,040 8,040 Installation,Training,PC Distribution and 1st Year Maintenance 43) New Personnel - Planner 57,110 Salary,Benefits,Furniture and necessary start-up supplies TOTAL DEVELOPMENT SERVICES $169,050 $28,440 Streets -411 44) STIHL 24" Chain Saws-2 - Replacement for 1 1,230 1,230 45) Wacker Packer for compacting 3,880 3,880 46) 10' Pull Behind Wide Brush Hog - Replacement 3,500 3,500 $8,610 $8,610 Parks -511 - $29,900 of Capital Requests are being funded out of 4B 3,200 47) Storage Building w/Electricity Maintenance of existing facilities and anticipated new park 49) Riding Mower 8,500 49) Honda Four Wheeler 5,800 26 BUDGET REQUEST STATUS EXPANDED LEVELS OF SERVICE -All Departments Proposed Budget -August 5, 1999 Budget 1999-2000 DEPARTMENT CITY MANAGER Item# REQUESTED PROPOSED 50) Pull type Fertilizer Spreader 900 900 51) Roto-Tiller- 5 to 7HP 1,800 52) Dump Trailers - Small - .6 yd carrying capacity 1,000 1,000 53) Gasoline Powered Pressure Washer 700 54) Honda Pushmower 1,000 1,000 55) Enclosing of Breezeway/Walk by Akin Pavillion 7,000 7,000 56) Athletic Field Drags (2) 1,700 1,700 Total Parks $31,600 $11,600 Recreation -521 57) Copier to replace old one 750 Total Recreation $750 $0 Library-551 58) Add Full-time Library Clerk 26,500 59) Upgrade Part-time Clerk to Full-time 0 $11,720 Total Library $26,500 $11,720 GENERAL FUND TOTAL $1,358,690 $396,880 Utility Administration -711 36,270 36,270 so) New Personnel - Utility Inspector Salalry Only 61) Work Orders Software Installation and Distribution 9,050 9,050 Total Utility Administration $45,320 $45,320 Utilities (Water&Sewer) -712 110,000 110,000 62) 88 H.P. FLYGT Pump (2) Replacements 63) 2 Ton Auto Crane 14,000 14,000 Total Utilities (Water&Sewer) $124,000 $124,000 Utility Billing -715 64) New Personnel - Meter Reader 32,170 32,170 Salary,Benefits,Capital Replacement and necessary equipment&supplies Total Utility Billing $32,170 $32,170 UTILITY FUND TOTAL $201,490 $201,490 27 BUDGET REQUEST STATUS EXPANDED LEVELS OF SERVICE -All Departments Proposed Budget -August 5, 1999 Budget 1999-2000 DEPARTMENT CITY MANAGER Item# REQUESTED PROPOSED New Personnel 65) Parks Maintenance Worker-Salary and Benefits 29,280 29,280 Maintenance of existing facilities 66) Community Center Community Affairs Coordinator 50,600 50,600 Salary,Benefits,and Necessary Supplies,Equipment 67) Community Center Building Monitor 9100 Part-time positon to monitor after hours activity 68) Library- Public Services Librarian 39,420 39,420 Needed to handle increased reference requests 69) Parks Capital Items -See General Fund detail 0 29,900 70) Library Capital Items 20,000 20,000 $139,300 $178,300 4B FUND TOTAL $139,300 $178,300 GRAND TOTAL $1,699,480 $776,670 28 WYLIE CITY COUNCIL AGENDA ITEM NO. 1 September 14, 1999 Issue Consider and act upon approval of an ordinance:fixing the tax rate/levy for 1999 and for the Fiscal Year 1999-2000 Budget. The Tax Rate proposed is Seventy cents($0.70) per $100 of assessed value. Background The proposed tax rate of$0.70(cents)represents a two and one-half cent increase over the prior fiscal year. One cent of the proposed tax rate will generate approximately $54,000 in revenue. In accordance with the"Truth-in-Taxation" laws of the State of Texas, notices must be published and a public hearing must be held if an entity's proposed tax rate will raise more revenue (tax levy) than the preceding year. The City Council is required to vote on the proposed tax rate and the City must publish the results of the roll call vote at least seven (7) days prior to the first scheduled public hearing on August 31, 1999. The purpose of the first public hearing is to give taxpayers an opportunity to express their views on the increase. The Council may not adopt the tax rate at the first public hearing. The final public hearing is scheduled to take place on September 14, 1999. Attached is a"1999 Property Tax Rates in City of Wylie" published in the Wylie News on August 11, 1999. This notice included the Effective Tax Rate of 61.6584 cents and the 108 % Rollback Tax Rate of 70.4894 cents. Financial Considerations This tax ordinance will generate new levies of$2,677,066 to the General Fund and $1,044,685 to the General Obligation Debt Service Fund. The revenue from Ad Valorem taxes is the primary service funding of the General Fund and represents approximately 44% of total General Fund Revenues. Other Considerations Article 7, Section 3(D.)Failure to Adopt, of the City's Home Rule Charter states that if the city fails to adopt the budget by the twenty-seventh day of September, the tax rate adopted will be the same as the current fiscal year. The adopted Fiscal Year 1999-2000 budget requires the support of this ordinance. Staff Recommendation The staff is requesting that the City Council adopt the proposed 1999 Tax Rate and Levy Ordinance as submitted. Attachments Tax Rate and Levy Ordinance. August 11, 1999 - 1999 Property Tax Rates in City of Wylie in the Wylie News re red by eview by Finance City Mana r Approval . Si i 1999 Pre, )erty Tax Rates in City of /Vylie This notice concerns 1999 property tax rates for CITY OF WYLIE.It presents information about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year.This year's effec- tive tax rate would impose the same total taxes as last year if you compare properties taxed in both years.This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback pro- cedures.In each case these rates arc found by dividing the total amount of taxes by tic tax base(the total value of taxable property)with adjustments as required by state law.The rates are given per$100 of property value. Last year's tax rate: Last year's operating taxes $2,395,858 Last year's debt taxes $744,039 Last year's total taxes $3,139,897 Last year's tax base $465,169,926 Last year's total tax rate • 0.675000/$100 This year's effective tax rate: Last year's adjusted taxes $3,132,605 (after subtracting taxes on lost property) ' /This year's adjusted tax base $508,057,421 (after subtracting value of new property) =This year's effective tax rate 0.616584/$100 This year's rollback tax rate: Last year's adjusted operating taxe's (after subtracting taxes on lost property and adjusting for transferred function) ti $2,391,665 /This year's adjusted tax base $508,057,421 =This year's effective operating rate 0.470747/$100 X 1.08=This year's maximum operating rate 0.508406/$100 +This year's debt rate 0.196488/$100 =This year's rollback rate 0.704894/$100 SCHEDULE A Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. -- Type of Property Tax Fund Balance Maintenance&Operations $1,075,000 ti Interest&Sinking $184,880 SCHEDULE B °c 1999 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes.These .0 amounts will be paid from property tax revenues(or additional sales tax revenues,if applicable). `O Description of Debt Principal or contract Interest to be pd Other amts Total payment to be pd from prop taxes to be pd pmt from prop taxes Certificates of Obligation Series 1990 $35,055 $1,157 $350 $36,562 Tax Refunding Bonds Series 1993 $128,802 $97,030 $350 $226,182 General Obligation Bonds . Series 1995 $52,320 $76,817 $350 $129,487 Certificates of Obligation Series 1997 $47,222 $79,391 $350 $126,963 Tax Notes—Series 1998 $135,000 $37,985 $350 $173,335 Public Property Finance Cont.Oblig. Series 1995 $30,000 $10,315 $350 $40,665 Public Property Financing Cont Obligation Series 1999 $50,000 $16,688 $350 $67,038 General Obligation Bonds Series 1999 $100,000 $165,428 $350 $265,778 • Total required for 1999 debt service $1,066,010 -Amount(if any)paid from funds listed in Schedule A $0 -Amount(if any)pa id from other resources $0 -Excess collections last year $0 =Total to be paid from taxes in 1999 $1,066,010 +Amount added in anticipation that unit will . collect only 100%of taxes in 1999 $0 =Total Debt Levy $1,066,010 This notice contains a summary of actual effective and rollback tax rate calculations.You can inspect a copy of the full calculations at 1434 N.Central Expressway,Ste 116,McKinney,Texas 75070. Name of person preparing this notice:Kenneth L.Maun ' Title:Tax Assessor Collector Date Prepared:July 30,1999 • 11-I t- 339 — -- - ORDINANCE NO. AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE,TEXAS UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30, 2000,AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget for operation of the City for fiscal year 2000; and, WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax on tangible taxable property in the City of Wylie; and, WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and, WHEREAS,the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 2000; and, WHEREAS, notice of the proposed tax rate, as well as the effective tax rate has been published as required by law and the City has received no formal protest thereof; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. There is hereby levied for the fiscal year 2000 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D., 1999, except so much thereof as may be exempt by the Constitution or laws of the State of Texas, a total tax of Seventy cents (0.70), on each One Hundred ($100.00)Dollars of assessed valuation on all of said property which said total tax herein so levied shall consist and be comprised of the following components: a)An ad valorem tax of and at the rate of Fifty and Three Thousand Five Hundred Twelve ten-thousandths cents (0.503512) on each One Hundred Dollars ($100.00) of assessed valuation of said taxable property is hereby levied for the general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September, 30, 2000, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b)An ad valorem tax of and at the rate of Nineteen and Six Thousand Four Hundred Eighty- Eight ten-thousandth cents(0.196488)on each One Hundred($100.00)of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and retire the principal of the valid bonded indebtedness, capital lease payment, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the Interest and Sinking Fund of the said City of Wylie,Texas for the fiscal year ending September 30,2000. Section 2. The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes,penalty interest, and all costs of collection, assessed, and levied hereby. Section 3. Taxes are payable in McKinney, Texas at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 4. That the tax roll presented to the City Council, together with any supplements thereto,be and same are hereby accepted and approved. Section 5. 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 6. 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 7. 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 8. 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 affecting 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 14th day of September, 1999. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary 3 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 .i am FOR the requested zoning as explained on the attached public notice for Zoning Case#99-02. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#99-02. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 7, 1999,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 14, 1999,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 44Np C= . CARPEATE R (please print) Address: /53( /4/V O R D R l V� WYt / E1 7`X 76 ?8 Wylie Tax Account Number (if shown on enclosed map): " 73—61 0 0 to Signature: A__624...r% G". ect.? , Date: Cie- d2 D) !R ? 9 COMMENTS: o reeLt -tLe re2-77tv.„ e tAfb-e-di ,2-44:1- a pent �� - PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#99-02. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#99-02. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 7, 1999,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 14, 1999,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: gm !L A A a /225 Pi (please print) `o _ Address: 7l c3 Z) --S' 14/,`' r. Wylie Tax Account Number (if shown on enclosed map):Al 6 7/6 -w/— / .e'67/4 Signature: X...) --,e1A--/Zi'di -e 37 1; Date: COMMENTS: NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 99-02 Applicant: D.R.Horton Custom Homes Location: Generally located along the West side of FM 1378 directly across the street from the Newport Harbor development Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: A(Agricultural) Requested Zoning: PD(Planned Development)for single family residential uses Proposed master planned residential community. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,September 7,1999,7:00 PM City Council: Tuesday,September 14,1999,7:00 PM Each public hearing will he held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name,address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing,state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North,Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. t�- Page 1 of 2 (5/S CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE 9 9 — 0 2 • Case No. .- Filing Fee 4 55-0 — • Date 3- /0-9i Applicant tP• • gaiz-h5ti4 CusJe r1EJ Phone No. 77Z- Z.z(D- y33a Mailing Address: Work No. q72- ZUo- q vita 3/0 6i- r z'if 3 a, 2.eo /t(L Lq•a10, Tx -7 Sb c' LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 Sc. 4-j s1 �+ I hereby request that the above described property be changed from its present zoning which is District Classification to P/*-.,N4ol2c icIc m...)+ District Classification for the following reasons: (attach separate sheet if necessary) D6vei_opivt6,,.rr- There (are) are n99deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser 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. j Signed bp WYLIE CITY COUNCIL AGENDA ITEM NO. 2 . September 14, 1999 Issues Hold a public hearing to consider a request from D.R. Horton Custom Homes,for approval of a zone change from A(Agricultural)to PD(Planned Development)and a preliminary plat for the property generally located along the west side of FM 1378 directly across the street from the Newport Harbor development, and being a 136.339 acre tract of land situated in the William Patterson Survey,Abstract No. 716, City of Wylie, Collin County, Texas. Background The preliminary plat/development plan under consideration is for East Fork By The Lakes. The applicant is requesting rezoning and preliminary platting on 136.339 acres in order to develop the property with a master planned single family residential community. The properties to the north and south are vacant and zoned for A(Agricultural)uses. The property to the west is vacant and zoned A(Agricultural)with an approved PD(Planned Development)conceptual plan for single family residential uses. The property to the east(Newport Harbor)is zoned SF-3 (Single Family Residential) and developed accordingly with single family homes. The property to the northeast is vacant and zoned for MF(Multi-Family) and B-1 (Business)uses. Public Comment Forms were mailed to twenty-six(26)property owners within 200 feet of this request. Two (2)Public Comment Forms in support of the request have been returned. Financial Considerations Rezoning application fee in the amount of$550.00 - Paid Other Considerations The Comprehensive Plan recommends Single Family Residential(Country Residential)uses for the property. The proposed zoning and land use are consistent with the Comprehensive Plan and compatible with the surrounding residential to the east. Specifically,the applicant is dedicating approximately 23.514 acres of open space which establishes an average density of 2.13 dwelling units per acre. Staff is of the opinion that the proposal complies with the overall intent of the Comprehensive Plan. Staff has reviewed the preliminary plat element of this case and found it to be in compliance with the proposed zoning(development plan). This preliminary plat also complies with the Subdivision regulations and other pertinent ordinances of the City of Wylie. Should the Council approve the development plan(zoning)the preliminary plat must be approved as it complies with all applicable regulations governing the subdivision of land. The applicant is filing this PD in order to ensure a quality development and request a few minor variances to the single family residential area regulations(variance indicated by an*). Specific single family residential area regulations being requested are as follows: Proposed SF-C 1 ro $F Recteired far 7.3 Lot Area 7,200 sq.ft. 7,200 sq.ft. Front_Yard 25 ft. 25ft Rear Yard 25 ft. 25 ft Side Yard 5 ft.and 20 ft.for side yards Not less than 6 ft.on each side of the adjacent to a side street. * lot and 20 ft.for side yards adjacent to a side street. Wining=Lot Depth 110 ft. 100 ft. mum Lot 60 ft 60 ft. Roof pkdi 6:12 None required Honserievallon No house elevation shall be No regulations constructed adjacent to each other. Landsrs 2 inch tree(s),eighteen shrubs,and None required 1�"g front yard sod Exterior Wall 75%masonry veneer,brick,stone,or 75%masonry Material stucco dweffing 1,600 sq.ft 1,100 sq.ft stile Proposed SF-B Proposed Required far F2_ Lot Area 8,400 sq.ft. *. 8,500 sq.ft. Front Yard : 25 ft. 25 ft. Rear Yard 25 ft. 25 ft Side Yard 7 ft. and 20 ft.for side yawls Not less than 7 ft.on each side of the adjacent to a side street. lot and 20 ft.for side yards adjacent to a side street. Grua Lofttepth 115 ft. 100 ft. Miiimuut otVildth 70 ft. 60 ft. Reit pitch 6:12 None required ' _House Eleva No house elevation shall be No regulations constructed adjacent to each other. Landscaping 4 inch tree(s),eighteen shrubs,and None required front yard sod EtterlOr Wall 75%masonry veneer,brick,stone,or 75%masonry Material stucco RWinlinum dwelling ' 1,800 sq.ft 1,500 sq.ft. 4 sum 0 Proposed SF-A(Gated With Private Streets) Proposed sF-A Requjied for s3+:i Lot Area 20,000 sq.ft. 10,000 sq.ft. Front Yard 30 ft. 25 ft. flew"bard 25 ft. 25 ft Side Yard l0 ft and 25 ft.for side yards Not less than 8 ft.on each side of the adjacent to a side street. lot and 25 ft.for side yards adjacent to a side street. IVIkdanna Lot Depth 125 ft. 100 ft. Minimum Lot 75 ft. 60 ft. Rooftitth 6:12 None required House Eisvatlo No house elevation shall be No regulations constructed adjacent to each other. Landscaping 6 inch tree(s),eighteen shrubs,and None required front yard sod ExteraorWall 75%masonry veneer,brick,stone,or 75%masonry Material stucco Minimum2,400 sq.ft. 1,800 sq.ft. size ► The applicant is dedicating approximately 23.514 acres of open space(7.342 aces are outside of the 100 year flood zone). ► The applicant is proposing an amenity center encompassing a pool,playground,parking, open space, etc. ► The applicant is proposing a masonry/iron screening wall along FM 1378 which includes a gated entry into the SF-A tract(20,000 sq. ft. lots). ► In order to incorporate a gated concept for the SF-A tract(20,000 sq. ft. lots),the applicant is proposing private streets to be maintained by the HOA. Said private streets will be built according to City specifications and comply with all applicable access codes recommended by the public safety departments(emergency access easement). ► The applicant is aware that a final plat must be approved prior to the issuance of building permits. ► Staff will provide a Parks Board update at the meeting. Commission Recommendation At the September 7, 1999,Planning and Zoning Commission meeting,the Commission voted by 6-1 (Commissioner Schmader voted nay)to recommend approval of this case subject to the following revisions being made. 1. No front yard variances; 2. No side yard variances for corner lots; Commission Recommendation continued 3. Approval of a variance for an extended cul-de-sac(Rustling Way). Specifically, the maximum length of a cul-de-sac is 600 feet. The applicant is requesting a variance for a 900+/- foot cul-de-sac. 4. Add a note to the Development Plan and Development Standards indicating that all open space and screening areas maintained by the Homeowners Association will be irrigated(excluding the OS-2 area; 5. Add a note to the final plat indicating the type of privacy fencing that will be permitted on individual lots(either wood or wrought iron-to be determined at the time of final plat);and 6. Label the OS-2 area as a drainage and/or access easement. The applicant is aware of the revisions and has agreed. Staff Recommendation Approval The Departments of Public Works, Fire, and Development Services concur with this recommendation. 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Horton Custom Homes APPLICATION FILE # 99-02 _ 310 East 1-30, Suite 280 Garland, Tx. 75043 # I BLK/ABST I LOT/TRACT 1 TAX I.D. # I PROPERTY OWNER NAME I ADDRESS I 1526 Schooner Bay Newport Harbor , Texas 75098Wylieylie 1 15 Lot 1 R-2273-015-0010-1 Gregory Gandy W Schooner 09y Newport Harbor 1524lie, Texas 75098 2 15 Lot 2 R-2273-015-0020-1 Thomas Madden 1 Schooner 098 Newport Harbor 152lie, Texas 75098 3 14 Lot 1 R-2273-014-0010-1 Jerry Throgmorton a Schooner 098 Newport Harbor 1519 Texas 75098 4 14 Lot 2 R-2273-014-0020-1 Patrick Cooper Wylie,Anchor Drive Wylie,Newport Harbor Texas 75098 1522 5 14 Lot 23 R-2273-014-0230-1 John Weatherly Anchor Drive Newport Harbor Wylie,1524 Texas 75098 6 14 Lot 24 R-2273-014-0240-1 Jeffrey Hooper Anchor Drive Newport Harbor 1531 Texas 75098 7 13 Lot 1 R-2273-013-0010-1 Roland Carpenter 15 Wylie,29 Anchor Drive Newport Harbor Wylie, Texas 75098 8 13 Lot 2 R-2273-013-0020-1 Johnny Carlisle Surveyor Blvd Newport Harbor 2800Carrollton, Texas 75006 9 13 Lot 31 R-3659-013-0310-1 Centex Homes 2800 Surveyor Blvd Newport Harbor Carrollton, Texas 75006 10 13 Lot 32 R-3659-013-0320-1 Centex Homes l 535 Windward Newport Harbor 11 9 Lot 1 R-3659-009-0010-1 Gregory Reese Wylie, Texas 75098 533 Windward Newport Harbor lie 12 9 Lot 2 R-3659-009-0020-1 Karen Angel Wylie, Texas 75098 Coral Reef Newport Harbor Wylie, Texas 75098 13 9 Lot 37 R-3830-009-0370-1 William Davis 1540 Coral Reef Newport Harbor Wylie, Texas 75098 14 9 Lot 38 R-3830-009-0380-1 John Wages 200 Surveyor Blvd Newport Harbor Texas 75006 15 7 Lot 1 R-3830-007.0010-1 Centex Homes Carrollton,1539 Coral Reef Newport Harbor 16 7 Lot 2 R-3830-007-0020-1 Victor Carr Wylie, Texas 75098 1524 Leeward Newport Harbor Wylie, Texas 75098 17 7 ' Lot 42 R-3969-007-0420-1 Trinidad Cantu Newport Harbor 1526 Leeward 18 7 Lot 43 R-3969-007-0430-1 Nelson Andrews Wylie, Texas 75098 Newport Harbor 2800 Surveyor Blvd 19 5 Lot 1 R-3969-005-0010-1 Centex Homes Carrollton,2800 Surveyor-Blvd550006 Newport Harbor 20 5 Lot 2 R-3969-005-0020-1 Centex Homes Carrollton, 006 2800 Surveyor Blvd 21 Abst 629 Tract 15 R-6629-000-0150-1 Centex Homes Carrollton, Texas 75006 8235 Douglas Ave #650 LB 22 Abst 594 Tract 6 R-6594-000-0060-1 Campbell/Wylie Partners Dallas, Texas 75225 Collin County 210 S. McDonald Street 23 FM 1378 Commissioners Court McKGnney, Texas 75069 R-6716-001-0269-1 P.O. Box 58 24 Abst 716-1 Tract 26 &26-9 R-6716-001-0260-1 Mrs. Douglas McDonald Wylie, Texas 75098 Baylor University Medical 3500 Gaston Avenue 25 Abst 629 Tract 5 R-6629-000-0050-1 Center Foundation Dallas, Texas 75246 R-6716-001-0269-1 Applicant 310 East 1-30, #280 26 Abst 716-1 Tract 26 &26-9 R-6716-001-0260-1 D.R. Horton Garland, Texas 75043 EXHIBIT "A" 136.339 Acres-William Patterson Survey-Abstract No.716 FIELD NOTE DESCRIPTION 02/12/99 BEING a 136.339 acre tract of land situated in the William Patterson Survey, Abstract Number 716, Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254,Page 563 of the Deed Records of Collin County,Texas (DRCCT)and being more particularly described as follows: BEGINNING at a one inch iron pipe found for the southeast corner of a 29.07 acre tract of land according to the deed recorded in Volume 687,Page 261'(DRCCT)and being located in the westerly right-of-way line of F.M. 1378(a 90 feet wide right-of-way); THENCE along the westerly right-of-way line of said F.M. 1378 as follows: SOUTH 00°08'34""EAST a distance of 513.79 feet to a 5/8 inch iron rod set for the beginning of a curve to the right having a radius of 1,864.86 feet,a chord bearing of South 03%%d40'27"West and a chord length of 248.22 feet; Along said curve to the right through a central angle of 07°37'55" for an arc length of 248.40 feet to a 5/8 inch iron rod set for the point of tangency; SOUTH 07°29'25" WEST a distance of 296.00 feet to a 5/8 inch iron rod set for the beginning of a curve to the left having a radius of 1,954.86 feet, a chord bearing of South 04%%d17'56"West and a chord length of 217.70 feet; Along said curve to the left through a central angle of 06°23'02"for an arc length of 217.81 feet to a 5/8 inch iron rod set for the point of tangency; SOUTH 01°06'25"WEST a distance of 969.65 feet to a 3/8 inch iron rod found for the northeast corner of a 100.00 acre tract of land according to the deed recorded in Volume 883,Page 628(DRCCT); THENCE departing the westerly right-of-way line of said F.M. 1378 NORTH 89°40'14"WEST a distance of 2,617.12 feet to a one inch iron pipe found for the northwest corner of said 100.00 acre tract of land; THENCE NORTH 63°30'26"WEST a distance of 28.19 feet to a 1/2 inch iron rod found for the southeast corner of a 207.452 acre tract of land according to the deed recorded in Volume 860,Page 381 (DRCCT); THENCE along the easterly line of said 207.452 acre tract of land as follows: NORTH 02°44'29" EAST a distance of 993.36 feet to a 5/8 inch iron rod set for corner; NORTH 01°46'26"WEST a distance of 804.78 feet to a 5/8 inch iron rod set for corner; NORTH 03°42'09" EAST a distance of 423.02 feet to a wood fence post found for the southwest corner of a 9.0 acre tract of land according to the deed recorded in Volume 390,Page 100(DRCCT); NORTH 89°02'17" EAST a distance of 460.09 feet to a wood fence post found for the southeast corner of said 9.0 acre tract of land and the southwest corner of said 29.07 acre tract of land; THENCE along the southerly line of said 29.07 acre tract of land as follows: SOUTH 89°12'27"EAST a distance of 1,297.76 feet to a 5/8 inch iron rod set for corner; NORTH 89°40'00" EAST a distance of 923.00 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 136.339 acres or 5,938,946 square feet of land,more or less. PLANNED DEVELOPMENT DESIGN STANDARDS EAST FORK BY THE LAKE City of Wylie August 6, 1999 SF-A -Single Family Residential Regulations This classification shall conform to the City of Wylie SF-1 zoning classification except as noted below: 9.01 Permitted uses. The following uses are specifically not allowable: (3) Church or rectory. (5) Public buildings,including libraries, museums,police and fire stations and similar public uses or facilities. (7) Public schools or denominational(kindergarten through high school). (9) Publicly owned water supply reservoirs,pumping plants and towers. (11) Telephone exchange provided no public business and no repair or outside storage facilities are maintained, gas lines and regulating stations, electrical lines and local utility lines. (12) Sewage treatment plant(public operated). (14) Water treatment plant. (15) Noncommercial stables as an accessory use to the housing of animals owned by the resident and setback from adjacent property lines a minimum distance of 100 feet.An area of one-half acre shall be required for each animal. The following specific uses are not allowable: (1) Cemetery or mausoleum. (2) Charitable organization. (3) University, college or parochial school and related facilities(public or private). (4) Country club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf. (6) Electric substation. (7) Hospital. (8) Museum,library or art gallery. (9) Post office. (10) Radio,television or microwave to3ewer. (11) Golf course,public. (12) Private club. 9.2 Area regulations. (3) Size of yards (d) Front yard. There shall be a front yard having a depth of not less than 30 feet as measured from the front property line. (e) Side yard. There shall be a side yard on each side of the lot having a width of not less than 10 feet in width. A side yard adjacent to a side street shall not be less than 20 feet. Page 1 of 5 (2) Size of lot. (a) Lot area. No building shall be constructed on any lot of less than 20,000 square feet. (b) Lot width. The minimum width as measured at the front building line of the lot shall not be less than 75 feet. (c) Lot depth. The minimum depth of the lot shall be not less than 125 feet. (3) Minimum dwelling size. The minimum floor area of any dwelling shall be 2,400 square feet exclusive of garages, breezeways and porches. Additional Guidelines A.1 Exterior Wall Materials-A minimum of 75%of the dwelling's total exterior area,minus windows and doors,must be masonry venerer, such as brick, stone or stucco. A.2 Roofs-Roofs must be covered with composition material of at least 180 lb weight shingle and have a minimum pitch of 6:12. A.3 Fences and Walls-Fences may not exceed 6 feet in height. Fences must be made of masonry,wood or wrought iron. The use of chain link fencing is prohibited. Railroad ties may not be used for a retaining wall visible from the street. A.4 Screening-The owner of a lot must screen the following items from the view of the public and neighboring lots and dwellings,if any of these items exist on the lot: a. Clotheslines b. Drying racks c. Hanging clothes,linens,rugs and textiles of any kind d. Yard maintenance equipment e. Wood piles and compost piles f. Accessory structures such as dog houses, gazebos,metal storage sheds and greenhouses g. Garbage cand and refuse containers Plant material such as trees and bushes may be used for screening. A.5 House Elevation-No house elevation shall be constructed adjacent to each other A.6 Landscaping-The following minimum landscape features shall be installed prior to the initial occupancy: (a) Trees-a minimum of 6 inches in total diameter shall be installed. This may be accomplished by one 6 inch tree or multiple trees whose diameters add up to at least 6 inches. (b) Shrubs-eighteen(10) 3 gallon shrubs across the front of the house (c) Grass- solid sod from the fence to the front curb Page 2 of 5 SF-B-Single Family Residential Regulations This classification shall conform to the City of Wylie SF-2 zoning classification except as noted below: 10.01 Permitted uses. Uses specifically not permitted in SF-A above are not allowed in this classification 10.2 Area regulations. (1) Size of yards (b) Front yard. There shall be a front yard having a depth of not less than 25 feet as measured from the front property line. (c) Side yard. There shall be a side yard on each side of the lot having a width of not less than 7 feet in width. A side yard adjacent to a side street shall not be less than 17 feet. (2) Size of lot. (a) Lot area. No building shall be constructed on any lot of less than 8,400 square feet. (b) Lot width. The minimum width as measured at the front building line of the lot shall not be less than 70 feet. (c) Lot depth. The minimum depth of the lot shall be not less than 115 feet. (3) Minimum dwelling size. The minimum floor area of any dwelling shall be 1,800 square feet exclusive of garages,breezeways and porches. Additional Guidelines A.1 Exterior Wall Materials-A minimum of 75%of the dwelling's total exterior area,minus windows and doors,must be masonry venerer, such as brick, stone or stucco. A.2 Roofs-Roofs must be covered with composition material of at least 180 lb weight shingle and have a minimum pitch of 6:12. A.3 Fences and Walls-Fences may not exceed 6 feet in height. Fences must be made of masonry, wood or wrought iron. The use of chain link fencing is prohibited. Railroad ties may not be used for a retaining wall visible from the street. A.4 Screening-The owner of a lot must screen the following items from the view of the public and neighboring lots and dwellings,if any of these items exist on the lot: a. Clotheslines b. Drying racks c. Hanging clothes, linens,rugs and textiles of any kind d. Yard maintenance equipment e. Wood piles and compost piles f. Accessory structures such as dog houses, gazebos, metal storage sheds and Page 3 of 5 greenhouses g. Garbage cand and refuse containers Plant material such as trees and bushes may be used for screening. A.5 House Elevation-No house elevation shall be constructed adjacent to each other A.6 Landscaping-The following minimum landscape features shall be installed prior to the initial occupancy: (a) Trees -a minimum of 4 inches in total diameter shall be installed. This may be accomplished by one 4 inch tree or multiple trees whose diameters add up to at least 4 inches. (b) Shrubs-eighteen(10)2 gallon shrubs across the front of the house (c) Grass-solid sod from the fence to the front curb SF-C-Single Family Residential Regulations This classification shall conform to the City of Wylie SF-3 zoning classification except as noted below: 11.01 Permitted uses. Uses specifically not permitted in SF-A above are not allowed in this classification 11.2 Area regulations. (1) Size of yards (b) Front yard. There shall be a front yard having a depth of not less than 20 feet as measured from the front property line. (c) Side yard. There shall be a side yard on each side of the lot having a width of not less than 5 feet in width. A side yard adjacent to a side street shall not be less than 15 feet. (2) Size of lot. (a) Lot area. No building shall be constructed on any lot of less than 7,200 square feet. (b) Lot width. The minimum width as measured at the front building line of the lot shall not be less than 60 feet. (c) Lot depth. The minimum depth of the lot shall be not less than 110 feet. (3) Minimum dwelling size. The minimum floor area of any dwelling shall be 1,600 square feet exclusive of garages, breezeways and porches. Additional Guidelines • A.1 Exterior Wall Materials-A minimum of 75%of the dwelling's total exterior area,minus Page 4 of 5 windows and doors,must be masonry venerer, such as brick, stone or stucco. A.2 Roofs-Roofs must be covered with composition material of at least 180 lb weight shingle and have a minimum pitch of 6:12. A.3 Fences and Walls-Fences may not exceed 6 feet in height. Fences must be made of masonry,wood or wrought iron. The use of chain link fencing is prohibited. Railroad ties may not be used for a retaining wall visible from the street. A.4 Screening-The owner of a lot must screen the following items from the view of the public and neighboring lots and dwellings, if any of these items exist on the lot: a. Clotheslines b. Drying racks c. Hanging clothes,linens,rugs and textiles of any kind d. Yard maintenance equipment e. Wood piles and compost piles f. Accessory structures such as dog houses,gazebos,metal storage sheds and greenhouses g. Garbage cand and refuse containers Plant material such as trees and bushes may be used for screening. A.5 House Elevation-No house elevation shall be constructed adjacent to each other A.6 Landscaping-The following minimum landscape features shall be installed prior to the initial occupancy: (a) Trees-a minimum of 2 inches in total diameter shall be installed. This may be accomplished by one 2 inch tree or multiple trees whose diameters add up to at least 2 inches. (b) Shrubs-eighteen(10)2 gallon shrubs across the front of the house (c) Grass-solid sod from the fence to the front curb Page 5 of 5 /Ytw~aM M IN I //�h•(n t�M NO NI r � I I ' (wxrl I xA/ faml V. I I nyorlrt er / r., MartiVst rant, 111rAOINo'c MOO. 111 --,. 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N.a• 1.1•Y .JN�I •.J•� •-•stir ;.Y�Y' A- �' I RI 1 PAVFMF T SFCTI r,:e.•' w-•a>a•>Y mad i•:Irrr a�sa n. .air •-aaar is a. Z:aTT a'3 cue..: MHOR10N CUSTOM H010 -N oN - SDnos _EQw 7• .Oro r. r. r.rust '( -IZ.@-C�1 0 a Mar w. t .. l..•>a' t road .r 710 FAIT IN.]0.WfE� m a- a-,1 a.Irl.A r:iuirn•%�':fiaiii7r na a:uu""i w. n:s"trh'~ d • I.1 WAWA MN%IOW y1 I _ • -r �'•��I/- 1111W P1tRE77aW AIMBM NO.711 yY•� u I--iJ_I°-° _ :TV i7--w_�r r-VAZ r•�'I..F wp_ r:"..." r :•.IY aI g f OW OF ME • 02111 C JDY UM r [ .aa7Tl4r l:- .a E`�fTi� [ tc `ir'�a.i• T aTlt/r �:I'>we-t I r"L' PREL�AARY PLAT a' a�uar 'a n'.r•ar n' a. EAST FORK®Y 4{E LAKES 'i'"��.:. •.'L.. °.'a'i>s°'rat rid-- w=�I>�i• aa.�•.la�� a.•a. r X Y a 13L332 AC@IES �AYCIAFNT sFcTION - F24_.F9N'_Li7_IL-�1 x .Out i:ara isuu3�• _.�r•?'- „,a I-rnz (osier I:salt :L.r, s Kush ". Bedford Associates Inc. ¢:iu.' Y a:ObK a:wst�K a:auY a:J..4.r... or 2 COnNIIMy I.Pa go*•-.s-n•w• ®®® >v Zata7•o.••lar•q;,nraw a"a.a'1rs!..fir-Mt.w Al jag r"a t p.„, ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification, said property being described in Exhibits "A&B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, 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 so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. 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 7. 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 , 1999. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Whom lJ�a.17 /Yh�.OM M MO I j ADD 1 1 1 Karari t P. , �9 sarlsm F.S/7.W r lcsrvovos .r1a� Ill m. «tsar---- 7,r. a .�--yam•�d , ; TT7T�,. .m,,�- ,� r- ,1�-,-- �41'r ! g i f 1!__ , __ j1 1'�.,grya P e > i it a .�,I Y`y • I g "l1 \ / Q. rY9E. ra la lly I —�� l� .1 �r `I r1 I1 !II. ° ill ,. • ' IIFT 1 /'U\\ l� Ix 1 1 1 l5 —1 — 1 " ? +" l^ > III l FT ; Ly%Y�y' :•% a `\ l-mw I" .war+ - 1---1 r- 1 1-.- s» vw' ' ........ ;- 1_.w I.m l + . �6-'$»j'�y' •• L I '3'-.'�"'i Pr.I 4 -, - : �f ,... '61� .✓ wt ^ JJr.ra'1< �s w a.r+l. I f1+&J v s- -` As ____TRAIL___ n> + 1 Ij 1 I � ..�> f wa"+' `STCNFCR631 :. _ EGY — ►i»w » I F: i IT(�l k ' ® JJ �; -CCIt'�\ Al� ea iRR r III r I$ r 5I .> eli r 1.1 ea 11 r»Ali^ ill as 'lb II yl [I.�•I . Ae Y11 y.(' t /�' C. 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Ca111 COINrt'6 7E7fIM .°'° •7' I'It I: 'r�Tr 7: r I: alKrd• •a•r I-ra'sy7�' 1 PREI MONANY PLAT -° na:ia"1l'r"a:r' 1'1`a' r`VO '.t na:.`..'r�"" n:r.a..%'rc a:Irw..>'r5r''10L - z'' k EAST Gam(SY TIm!LAKES - -- w"sW.:w r�. ,�rr a.r_yy^ a w l an. rt, a..r rr„3 :e 13e.S3 ACRES A PAVEMENT SECTION - 60'ROW(37•B-B( 4 'F =-+t+r' S- 1- _-I� 2 Kurtz - Bedford Associates. Inc Op@ NIS fr.-' Ara a• i ra sir,7. la WOK C.O: a r.1,.t m 2 Como,&pal. ._s.....ro..am C.7J -sum -as n-uul• n- n-at. Al w Gewor...ow I.,0idy'°ww1r..Arm•OM•4v-Ott.wn.WO 01-7r M°°J PLANNED DEVELOPMENT DESIGN STANDARDS EAST FORK BY THE LAKE City of Wylie August 6, 1999 SF-A -Single Family Residential Regulations This classification shall conform to the City of Wylie SF-1 zoning classification except as noted below: 9.01 Permitted uses. The following uses are specifically not allowable: (3) Church or rectory. (5) Public buildings, including libraries,museums,police and fire stations and similar public uses or facilities. (7) Public schools or denominational(kindergarten through high school). (9) Publicly owned water supply reservoirs,pumping plants and towers. (11) Telephone exchange provided no public business and no repair or outside storage facilities are maintained, gas lines and regulating stations, electrical lines and local utility lines. (12) Sewage treatment plant(public operated). (14) Water treatment plant. (15) Noncommercial stables as an accessory use to the housing of animals owned by the resident and setback from adjacent property lines a minimum distance of 100 feet. An area of one-half acre shall be required for each animal. The following specific uses are not allowable: (1) Cemetery or mausoleum. (2) Charitable organization. (3) University, college or parochial school and related facilities(public or private). (4) Country club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf. (6) Electric substation. (7) Hospital. (8) Museum, library or art gallery. (9) Post office. (10) Radio,television or microwave to3ewer. (11) Golf course, public. (12) Private club. 9.2 Area regulations. (3) Size of yards (d) Front yard. There shall be a front yard having a depth of not less than 30 feet as measured from the front property line. (e) Side yard. There shall be a side yard on each side of the lot having a width of not less than 10 feet in width. A side yard adjacent to a side street shall not be less • than 20 feet. Page 1 of 5 (2) Size of lot. (a) Lot area. No building shall be constructed on any lot of less than 20,000 square feet. (b) Lot width. The minimum width as measured at the front building line of the lot shall not be less than 75 feet. (c) Lot depth. The minimum depth of the lot shall be not less than 125 feet. (3) Minimum dwelling size. The minimum floor area of any dwelling shall be 2,400 square feet exclusive of garages, breezeways and porches. Additional Guidelines A.1 Exterior Wall Materials-A minimum of 75%of the dwelling's total exterior area,minus windows and doors,must be masonry venerer, such as brick, stone or stucco. A.2 Roofs-Roofs must be covered with composition material of at least 180 lb weight shingle and have a minimum pitch of 6:12. A.3 Fences and Walls-Fences may not exceed 6 feet in height. Fences must be made of masonry,wood or wrought iron. The use of chain link fencing is prohibited. Railroad ties may not be used for a retaining wall visible from the street. A.4 Screening-The owner of a lot must screen the following items from the view of the public and neighboring lots and dwellings, if any of these items exist on the lot: a. Clotheslines b. Drying racks c. Hanging clothes, linens,rugs and textiles of any kind d. Yard maintenance equipment e. Wood piles and compost piles f. Accessory structures such as dog houses,gazebos,metal storage sheds and greenhouses g. Garbage cand and refuse containers Plant material such as trees and bushes may be used for screening. A.5 House Elevation-No house elevation shall be constructed adjacent to each other A.6 Landscaping-The following minimum landscape features shall be installed prior to the initial occupancy: (a) Trees-a minimum of 6 inches in total diameter shall be installed. This may be accomplished by one 6 inch tree or multiple trees whose diameters add up to at least 6 inches. (b) Shrubs-eighteen(10)3 gallon shrubs across the front of the house (c) Grass - solid sod from the fence to the front curb Page 2 of 5 SF-B-Single Family Residential Regulations This classification shall conform to the City of Wylie SF-2 zoning classification except as noted below: 10.01 Permitted uses. Uses specifically not permitted in SF-A above are not allowed in this classification 10.2 Area regulations. (1) Size of yards (b) Front yard. There shall be a front yard having a depth of not less than 25 feet as measured from the front property line. (c) Side yard. There shall be a side yard on each side of the lot having a width of not less than 7 feet in width. A side yard adjacent to a side street shall not be less than 17 feet. (2) Size of lot. (a) Lot area. No building shall be constructed on any lot of less than 8,400 square feet. (b) Lot width. The minimum width as measured at the front building line of the lot shall not be less than 70 feet. (c) Lot depth. The minimum depth of the lot shall be not less than 115 feet. (3) Minimum dwelling size. The minimum floor area of any dwelling shall be 1,800 square feet exclusive of garages,breezeways and porches. Additional Guidelines A.1 Exterior Wall Materials-A minimum of 75%of the dwelling's total exterior area,minus windows and doors,must be masonry venerer, such as brick, stone or stucco. A.2 Roofs-Roofs must be covered with composition material of at least 180 lb weight shingle and have a minimum pitch of 6:12. A.3 Fences and Walls-Fences may not exceed 6 feet in height. Fences must be made of masonry, wood or wrought iron. The use of chain link fencing is prohibited. Railroad ties may not be used for a retaining wall visible from the street. A.4 Screening-The owner of a lot must screen the following items from the view of the public and neighboring lots and dwellings, if any of these items exist on the lot: a. Clotheslines b. Drying racks c. Hanging clothes, linens,rugs and textiles of any kind d. Yard maintenance equipment e. Wood piles and compost piles • f. Accessory structures such as dog houses, gazebos, metal storage sheds and Page 3 of 5 greenhouses g. Garbage cand and refuse containers Plant material such as trees and bushes may be used for screening. A.5 House Elevation-No house elevation shall be constructed adjacent to each other A.6 Landscaping-The following minimum landscape features shall be installed prior to the initial occupancy: (a) Trees - a minimum of 4 inches in total diameter shall be installed. This may be accomplished by one 4 inch tree or multiple trees whose diameters add up to at least 4 inches. (b) Shrubs-eighteen(10)2 gallon shrubs across the front of the house (c) Grass-solid sod from the fence to the front curb SF-C-Single Family Residential Regulations This classification shall conform to the City of Wylie SF-3 zoning classification except as noted below: 11.01 Permitted uses. Uses specifically not permitted in SF-A above are not allowed in this classification 11.2 Area regulations. (1) Size of yards (b) Front yard. There shall be a front yard having a depth of not less than 20 feet as measured from the front property line. (c) Side yard. There shall be a side yard on each side of the lot having a width of not less than 5 feet in width. A side yard adjacent to a side street shall not be less than 15 feet. (2) Size of lot. (a) Lot area. No building shall be constructed on any lot of less than 7,200 square feet. (b) Lot width. The minimum width as measured at the front building line of the lot shall not be less than 60 feet. (c) Lot depth. The minimum depth of the lot shall be not less than 110 feet. (3) Minimum dwelling size. The minimum floor area of any dwelling shall be 1,600 square feet exclusive of garages,breezeways and porches. Additional Guidelines A.l Exterior Wall Materials-A minimum of 75%of the dwelling's total exterior area, minus Page 4 of 5 windows and doors,must be masonry venerer, such as brick, stone or stucco. A.2 Roofs-Roofs must be covered with composition material of at least 180 lb weight shingle and have a minimum pitch of 6:12. A.3 Fences and Walls -Fences may not exceed 6 feet in height. Fences must be made of masonry,wood or wrought iron. The use of chain link fencing is prohibited. Railroad ties may not be used for a retaining wall visible from the street. A.4 Screening-The owner of a lot must screen the following items from the view of the public and neighboring lots and dwellings, if any of these items exist on the lot: a. Clotheslines b. Drying racks c. Hanging clothes,linens,rugs and textiles of any kind d. Yard maintenance equipment e. Wood piles and compost piles f. Accessory structures such as dog houses, gazebos,metal storage sheds and greenhouses g. Garbage cand and refuse containers Plant material such as trees and bushes may be used for screening. A.5 House Elevation-No house elevation shall be constructed adjacent to each other A.6 Landscaping-The following minimum landscape features shall be installed prior to the initial occupancy: (a) Trees-a minimum of 2 inches in total diameter shall be installed. This may be accomplished by one 2 inch tree or multiple trees whose diameters add up to at least 2 inches. (b) Shrubs-eighteen(10)2 gallon shrubs across the front of the house (c) Grass-solid sod from the fence to the front curb Page 5 of 5 WYLIE CITY COUNCIL AGENDA ITEM NO. q September 14, 1999 Issues, ZC. No. 99-07: Hold a public hearing and consider a request from Brookshires Grocery Co., for approval of a zone change from R(Retail)to B-I (Business)for the property generally located along the east side of SH 78 in front of the Brookshire Grocery Store and being a .9028 acre(39,325 sq. ft.)strip of land situated in the E.C. Davidson Survey,Abstract No. 267, City,,of Wylie, Collin County, Texas. Background The applicant is requesting rezoning on .9028 acres (39,325 square feet)in order to develop a portion of their property with business uses. Specifically,the applicant has stated that they intend to develop the front portion of the property with a gas station. The property to the north(north of SH 78 & RR)is vacant and zoned for I(Industrial)uses. The properties to the northeast are zoned B-2 (Business) and developed accordingly with business uses(Exxon gas station and Eckerd Drug Store). The property to the south is zoned R(Retail)and developed with professional office and hospital uses. Public Comment Forms were mailed to twelve(12)property owners within 200 feet of this request. No Public Comment Forms have been returned. Financial Considerations Rezoning application fee in the amount of$225.00- Paid Other Considerations • The Comprehensive Plan recommends commercial uses for the area. The proposed zoning and land use are consistent with the Comprehensive Plan and compatible with the surrounding development and zoning. • The applicant is aware that Planning and Zoning Commission approval of a site plan shall be required prior to the issuance of any building permits. Specifically, Section 29A.2 of the Comprehensive Zoning Ordinance Number 85-23A states that site plan review and approval by the Planning and Zoning Commission shall be required for any development where more than one main building or use is proposed on a single lot or tract. Site plans shall contain sufficient information relative to site design considerations and shall conform to data presented within the building permit application. The purpose of the site plan is to ensure efficient and safe land development,harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, and other utilities and services. Commission Recommendation At the August 17, 1999, Planning and Zoning Commission meeting,the Commission voted by 5-1 to recommend denial of this case(Commissioner Dowdy voted nay and Commissioner Wood was absent). Commission Recommendation continued Specific concerns identified by the Commission were as follows: 1. Traffic congestion that already exists at the FM 544 and SH 78 intersection; 2. Number of approaches onto SH 78; 3. Onsite circulation issues(existing and future); 4. Existing and future parking needs for Brookshire's; and 5. Building line or location of pump islands(the minimum setback for gasoline service station pump islands is 18 feet). On August 31, 1999,staff received a letter from the applicant requesting that the case be sent back to the Planning and Zoning Commission for further consideration. Specifically,the applicant did not have representation at the August 17, 1999,Planning and Zoning Commission meeting and,therefore,is requesting that the case be scheduled for the October 5, 1999,Planning and Zoning Commission meeting and the October 26, 1999,City Council meeting. flit is the Council's desire to send this item back to the Commission.please incorporate the October 5th and 26th dates into the motion. This will allow staff to process the case without readvertising it for public hearing. Staff Recommendation Per the applicant's request, staff recommends that this case be rescheduled for October 5, 1999, Planning and Zoning Commission meeting and the October 26, 1999, City Council meeting. Attachments Applicant's Letter Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Prepared b R ' we by Fin a ity M ger Approval 08/31/99 TUE 16:39 FAX 903 534 2217 REAL ESTATE 1j002 0: BROOKSHIRE GROCERY CO. 1600 W.S.W. Loop 323 P.O. Box 1411 75710 Tyler, Texas 903-534-3000 PETE FORSYTH VICE PRESIDENT-REAL ESTATE August 31, 1999 Via Facsimile (972) 442-8154 Wylie City Council do Tobin Hall Wylie City Hall 2000 Hwy. 78 N. Wylie, TX 75098 RE: Application for Fuel Center Brookshire #76 Wylie, Texas Honorable Mayor and Council Members: Please accept this letter as our request to the Wylie City Council to table our project which is scheduled on the agenda for the September 14, 1999 Council meeting. We are requesting this project be tabled and sent back to your Planning and Zoning staff. If possible, we would like to be re-scheduled for the next Planning and Zoning meeting set for Tuesday, October 5`h In talking to Mr. Maples, I understand that our company was notified of the Planning and Zoning meeting, but that no one representing our company was in attendance. I apologize on behalf of Brookshire's for taking up the Council members' time and for not having a representative there to address the concerns of Planning and Zoning. We look forward to hearing from you. Cordially, orre P. For h FPF/lw cc: Jim Fancher 11 ' l i1 III 4M11 -I I I I 1 1 1 11/IIl/ I rt . L ++ ,, 1 I _ 1 I - (F M,1 3419) 1LJr ,- 7IF iw1I.a„-1 t-..1i-a,l„0gpdigi 4,:iM1I—2i4mnii,l iNigNiseuiI 7INiaimn u-r eiEiLmld iEAmps,"apra,o.l,_q* --.i".4.lIkR4ko 1,4w, V•nA.t, aiI 1IIl.1.I11II =rown _Tst..ii iltli0mpu — — i.t1 F i . pl2 1i ii IMO I a EMI i111�=/11!_ SUBJECT ��.. •_I.�,ntim/H ft• . ..Nne.:1'iiIIaIi _=E=. PROPERTY O ' 0• rtrti.lthu.ip it.ii a 1 . .111 is ntil tinaiI t!''=aa I4r i gr1/l eki ra..- r-4M• tillhaitigl1 - -�--.fi :> .. . .. ,... . � �` .♦ ft.-�..� :. r-:p ����IItl�li :o!N.•� Ililllllllilll IA :: 93E2 ®V t-•a' --l1HHII/Ili :P ••1tI11Ii!1 UIIn 1 4, NTS i ��,� A �I= _Ip u ..1.-2ma _sT.10p'111 ig gap 11 i • t---r - -= -i_ I i"". lbk I trilT. -A- - - mji �.�1� _li.: .. 1111hihkilepiljr ,a, I -id! Eft.:RE ________ . , a dinir iimim rA -2 40N4 1 irEr.01, CilloLuipin tr. it ill, 11-E..21.1741.„, ---0:41104, _ izzimrirlEp.V.'", ‘1111.2 1 \ . ,x0. 'tt iiiira'? 11441 ,+. s411116" 116 Z. ,4;44.ti Mil VP. * * 44ili II ". cif 6 so, v l�!� 10�': atiggiimi.ii• ` 1► (IIIIIIIIIIIIuroll .,44 L--_'.ifil f. ,V: MEM 11f11111N1N111 L I I f z," i umCEDi. 1111111 II : .1 1 'l 1111i111_1 L , ■p r1 s ':I _ mu ■. .■i — I IL 1 r ' I iIIs/ _PP �aril I 7 _ - i .,.,... • l I I I o `- — t I I I -. I. 1 !f :\,1\,/\,(\il\i/\,/\,()/\,1\1 `Io LOCATION MAP El ZONING CASE #99-07 __ L NW 1 •• - . L 1 1 - 200' j I Q • • •- • •-! I I I 0 j I 0 I I I I _ I _ I j 1 I � • R M 544 .,.. •, , .40- ________ Id i c-)' 1 5 •. :- i •\f\° . v, ,..,„ „ -re,Yi• \ toet C)S �° : l'Iri : :4 \ \. \ \ \ c7Ii1t� .\ ,,1IP L_. . , ..,• \ - R ........ .. • 1 Q 1111110- i NO I .1 ZONING AREA MAP ZONING CASE #99-07 �. I I 1 _ _1 L _ . ..- . t\ I 1 :I ' V. _ • ,-4 ,. I 1" - 200' I I 0 /.. j 1' C j I • • 1 / i i j FM 544 11 z_3 g I . 6 \ ' i /•.,,. \ \\)\ . ,,,,,46t,,,,,,,,,, , . \ z.. S . --4*A-----° \ ../.,c) .4,!,•,. . ,$),„:. - /../ 4..... ..) / ‘ ,( 0 6 4: .• 5 8 c ../y \. \ � ° • \. \____ . • \\. i i a : 2 ��� \ \ • - • •1 Q 1111i is% i i i PROPERTY OWNER NOTIFICATION MAP ZONING CASE #99-07 NOTIFICATION REPORT APPLICANT: Brookshires Grocery Company APPLICATION FILE # 99-07 P.O. Box 1411 Tyler, Texas 75702 - # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Wylie Shopping Village P.O. Box 1411 1 1 Lot 1 R-2446-001-0010-1 Brookshires Grocery Company Tyler, Texas 75710-1411 Martinez Ph I 2121 Quail Run Road 2 A Lot 1 R-2591-00A-0010-1 Henry Martinez Wylie, Texas 75098 Martinez Ph II 2121 Quail Run Road 3 A Lot 2 R-2570-00A-0020-1 Henry Martinez Wylie, Texas 75098 Martinez Ph II Improvements P.O. Box 220 3 A Lot 2 R-2570-00A-0020-1 McCraw Oil Bonham, Texas 75418-0220 Martinez Ph II 2121 Quail Run Road 4 A Lot 3B R-2570-00A-0020-1 Henry Martinez Wylie, Texas 75098 Martinez Ph II 119 N. Ballard 5 A Lot 3A R-2570-00A-0030-1 Mark Kerr Wylie, Texas 75098 Martinez Ph II 2121 Quail Run Road 6 A Lot 5 R-2570-00A-0050-1 Henry Martinez Wylie, Texas 75098 Martinez Ph II 2121 Quail Run Road 7 A Lot 4 R-2570-00A-0040-1 Henry Martinez Wylie, Texas 75098 507 Thomas Street 8 Abst 267 Tract 41 R-6267-000-0410-1 Trimble Family Investments, Ltd Wylie, Texas 75098 Attn: Bill Lovil P.O. Box 90 9 S.H. 78 Texas Dept of Transportation McKinney, Texas 75069 KCS Railway Company 114 W. 11 th Street 10 KCS Railroad Tax Department Kansas City, MO 64105-1804 Collin County 210 S. McDonald Street 11 FM 544 Commissioners Court McKinney, Texas 75069 Wylie Shopping Village Applicant P.O. Box 1411 12 1 Lot 1 R-2446-001-0010-1 Brookshires Grocery Company Tyler, Texas 75702-1411 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 99-07 Applicant: Brookshires Grocery Co. Location: Generally located along the east side of SH 78 in front of the Brookshire Grocery Store Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: R(Retail) Requested Zoning: B-1 (Business) Proposed gas station on front portion of lot. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,August 17, 1999,7:00 PM City Council: Tuesday,September 14. 1999,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. EXHIBIT 'A' PROPERTY DESCRIPTION BEING a 39,325 square foot strip of land situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, County of Collin, State of Texas, • , said parcel being a portion of Lot 1, Block 1 of the Wylie Shopping Village ; No. 1 Addition, an Addition to the City of Wylie, as recorded in Cabinet G, Page 542 of the Map Records of Collin County, Texas and being more particularly described as follows: . BEGINNING at the Northeast corner of said Block 1, said corner also ---� being a point on the Southeast right—of—way line of State Highway , No. 78; ; THENCE leaving said right—of—way of State Highway No. 78 and along the Easterly line of said Block 1, and along the Westerly line of Lot 1, Block A, of the Martinez Addition, as recorded in Cabinet H, Page 65, S32'32'07"E, 140.68 feet to a point for corner; THENCE leaving the said Easterly line of said Block 1, S57'27'53"W, 311.26 feet to a point for corner on the Westerly line of said Block 1, and the Easterly line of the Wylie Community Hospital, as recorded in Volume 1425, Page 300; THENCE along said Westerly line of said Blobk 1, N32'32'07"W, 112.00 feet to a -point for corner at the Northwest corner of said Block 1, said corner being a point on the Southeast right—of—way line of said State Highway No. 78; THENCE along said Southeast line of State Highway No. 78, N5212'00"E, 312.58 feet to the POINT OF BEGINNING, containing 39,325 square feet or 0.9028 acres of land more or less, and as shown on attached Exhibit 'B'. S • bl/ �/ rr di .9 'r�l•.i •URN, JR. • � Fti°q 3689 ,R,'t. / 56'��F§s%o --. "•suc 4' ' fil SHT 1 of 2 Jun lU UJ 07: 24p City of Wylie-Comm Deve 972 442 8154 Page 1 of 2 p 1 , CITY OF WYLIE (5/s COMMUNITY DEVELOPMENT 2000 HIGHWAY 78 NORTH WYUE, TEXAS 75098 • APPLICATION FOR ZONING CHANGE Case No. 9 - 07 Filing Fee $2 2 5 . 0 0 . Date � 2 , 19 99 Appfican Brookshires Grocery Co . Mailing Address: Phone N0. (903) 510-5100 P . O . Box 1411 Work No.(903) 510-5123 .. --____ Tyler, Texas 75702 • LEGAL DESCRIPTION OF PR OPERTY SOUGHT TO BE REZONED; (If additional space is. sheet and attached needed for description, the description may be put on a separate hereto).1 See attached exhibit A & B I hereby request that the above described pro h IS Retailproperty e bn changed from its for the fo!low,v'; District Classification to B-1 District Classifficatio present� zoning ng reasons: n (attach separate sheet if necessary) Change zoning on a portion of Wylie Shopping VillageLot 1 , Block 1 of (self service) , to allow a gas station • • There (are) (are not) deed restrictions Q a 2 Pe .ning to the intended use of the property.Status of Applicant Owner p petty. --- Tenant Prospective Purchaser I have attached hereto as Exhibit ,�A,� a zoning change plat showing the properf vthich the requestedt the ge and have read the following concerning the importance of mybof this City a sufficient legal description, g submitting . Signed ames Riley, (214 • Brockette Davis Drake -3 47 4144 N . Central Expre sway Suite 1100 Dallas , Texas 759ni EXHIBIT 'A' PROPERTY DESCRIP110N BEING a 39,325 square foot strip of land situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, County of Collin, State of Texas, , said parcel being a portion of Lot 1, Block 1 of the Wylie Shopping Village ,' No. 1 Addition, an Addition to the City of Wylie, as recorded in Cabinet G, Page 542 of the Map Records of Collin County, Texas and being more particularly described as follows: BEGINNING at the Northeast corner of said Block 1, said corner also --- being a point on the Southeast right—of—way line of State Highway • No. 78; THENCE leaving said right—of—way of State Highway No. 78 and along the Easterly line of said Block 1, and along the Westerly line of Lot 1, Block A, of the Martinez Addition, as recorded in Cabinet H, Page 65, S32'32'07"E, 140.68 feet to a point for corner; THENCE leaving the said Easterly line of said Block 1, S57'27'53"W, 311.26 feet to a point for corner on the Westerly line of said Block 1, and the Easterly line of the Wylie Community Hospital, as recorded in Volume 1425, Page 300; THENCE along said Westerly line of said Bloirk 1, N32'32'07"W, 112.00 feet to a point for corner at the Northwest corner of said Block 1, said corner being a point on the Southeast right—of—way line of said State Highway No. 78; THENCE along said Southeast line of State Highway No. 78, N52'12'00"E, 312.58 feet to the POINT OF BEGINNING, containing 39,325 square feet or 0.9028 acres of land more or less, and as shown on attached Exhibit 'B'. • ,,/".14 ''ifi'#) • J ).f .-URN, JR. q 3689 Q�JR. / 0fi''sslo'-k ' &,Q . 4 , Cji:O rho// SHT 1 of 2 EXHIBIT 'B' SO , ' i / POINT OF / SCALE: 1"=50' BEGINNING z:),( - / it' MARTINEZ ADDITION / _\Q• �� �$" LOT 1, BLOCK A \" .. •��• CAB H, PG 65 / �P V- X37 U.C!2'''‘ , \h' / F-G' ,. )\ e/ or P 4. -.V \\ Q. //I( t.,,, , /i.c\‘' �� 14) \ �(j1• QFE5s\0.• �, - :(07 1 4ft1 - WYLIE SHOPPING VILLAGE NO. 1 �,°°_ --/ LOT 1, BLOCK 1 CAB G, PG 542 WYLIE COMMUNITY \ . HOSPITAL �\ VOL 1425, PG 300 \ E3 BROCKETTE • DAMS • DRAKE , inc. £EDconsulting engineers Civil & Structural Engineering•Surveying 4144 North Central Expressway, Suite 1100 Dallas,Texas 75204 SH T 2 of 2 (214)824-3647, fax (214) 824-7064 0 BROOKSHIRE GROCERY CO. 1600 W.S.W. Loop 323 P.O. Box 1411 75710 Tyler, Texas 903-534-3000 June 29, 1999 Mr. Tobin Maples, Director of Planning City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Subject: Proposed Zoning Change for Brookshire's Food Store#76 Property 701 Highway 78 South, Wylie, Texas 75098 Lot 1, Block 1, Wylie Shopping Village No. 1 Dear Mr. Tobin: This letter is to serve as notification to the City of Wylie that Brockette-Davis-Drake, Inc., Consulting Engineers, Dallas, Texas, has been retained by Brookshire Grocery Co. to perform those services necessary to obtain appropriate zoning at referenced location to allow us to construct a Self Service style Gas Station. In this capacity, their representative is authorized by Brookshire's to represent our interests by submitting the appropriate documents, attendance in meetings and public hearings, and to sign documents as "Applicant". Thank you for your consideration in this matter and feel free to contact me at 903/510-5110 or FAX 903/510-5123 should you have any questions, or need further clarification. Sin rely, i Y F ncher, AIA Senior Architect copy: Brad Brookshire, President—Development/Distribution Group Jerry W. Sherrill,Vice President-Construction Jim Riley, PE, Brockette-Davis-Drake File 1 WYLIE CITY COUNCIL AGENDA ITEM NO. ►Q. September 14, 1999 Issues Consider and Act Upon a Final Plat for the Sanden Addition, proposed by BSM Engineers, Inc., for Sanden International(USA),generally located at the southeast corner of FM 544 and Sanden Boulevard and being all of a certain 90.3099 acre tract situated in the Duke Strickland Survey,Abstract No. 841, City of Wylie, Collin County, Texas. Background The final plat under consideration is for the Sanden Addition. The applicant is replatting(two lots into one)90.3099 acres of land in order to develop a portion(southern end)of the property with a die cast facility. The property is partially developed with the existing Sanden facility and zoned for I (Industrial)uses. Financial Considerations Plat application fee in the amount of$580.00-Paid Impact fees in the amount of$11,228.90- Paid Other Considerations • Staff has reviewed the proposed plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. As a result,this case must be approved as it complies with state statues and the City of Wylie Subdivision Regulations. • The required site plan for this property was approved by the Commission on June 15, 1999. Commission Recommendation At the August 17, 1999, Planning and Zoning Commission,the Commission voted by 5-1 to recommend approval of this case(Commissioner Schmader voted nay and Commissioner Wood was absent). Staff Recommendation Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments Final Plat Final Plat Application 1)101;1')1(1 est". Prepared y R ed by Finance City M ger Approval r 05 99 09 : 19z, City of 14Jj1ie-Comm Deue 972-442-0154 p. 13 Page 1 of 3 City of Wylie (1/95) REPLAT APPLICATION AND RIML3Fil. CHECKLIST Date May 17, 1999 Name of Proposed Development Sanden Addition Name of Property Owner/Developer Sanden International (USA) , Inc. Address 601 S. Sanden Blvd. , Wylie, TX 75098Phone ( 972) 442-8453 Owner of Record Sanden International (USA) , Inc. Address See above Phone Name of Land Planner Arthur F. Beck, BSM Engineers, Inc. Surveyor/Engineer Address 4245 N. Cent. Exp. , Suite 510 Phone ( 214 ) 528-9808 wallas, TX /52U5 r 41LI - daB- 5%o7 Total Acreage 90 . 3099 Current Zoning Industrial Number of Lots/Units ! /� Signed �.��e:F,iw �,r.'�.�.c.� The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100'with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. WYLIE CITY COUNCIL AGENDA ITEM NO. I _ September 14, 1999 Issue Consider and act upon approval for Work Order No. WYL-37 authorizing The Hogan Corporation to proceed with paving improvements along Kirby Street from SH 78 to Birmingham Background This project is part of the 1999 Bond projects, and has been identified as the first paving project to be constructed in anticipation of the SH 78 construction. By accelerating the design of the project, the projected construction completion date will coincide with the construction completion date of SH 78. The projected construction cost for this project is$760,000. The Hogan Corporation will perform the Design and Construction Phase services and such other related additional services that may be authorized by the City for the proposed street paving improvements in association with the proposed improvements to Kirby Street. This project will consist of approximately 1,200 linear feet of 4-lane divided thoroughfare roadway and related drainage improvements. Financial Considerations The street improvements are funded as part of the 1999 Bond Program. • The engineering design fee for Kirby Street- $56,400. • Advertise and receive bids- $2,400. • General review of construction- $9,600 • Additional costs could include engineering consultant hours, survey work, procurement of easements, and lab testing. The 1999 Bond projected cost included a projected amount for the above mentioned items. Other Considerations The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and The Hogan Corporation(Engineer), as approved on July 27, 1993. Board Recommendations N/A Staff Recommendations Staff recommends approval of Work Order No. WYL-37. Attachments Work Order No. WYL-37. G. ,fri Prep. ed by Revie by Finance e City M ager Approval 9/7/99 WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO.WYL-37 This will constitute authorization by the City of Wylie, Texas (Owner), for The Hogan Corporation, Engineers-Planners-Consultants, Dallas, Texas (Engineer), to proceed with the following described engineering services. PAVING AND DRAINAGE IMPROVEMENTS ALONG Kirby Street (S.H. 78 TO BIRMINGHAM AVENUE) A. PROJECT DESCRIPTION The Engineer shall perform the Design and Construction Phase Services and such other related Additional Services that may be authorized by the Owner for the proposed street paving and storm drainage improvements in association with the proposed improvements to Ballard Avenue. This project includes the construction of approximately 1,200 linear feet of 4-lane divided thoroughfare roadway and related drainage improvements from the intersection of Kirby St. and S.H. 78, to the intersection of Kirby St. and Birmingham St. The proposed improvements will consist of reinforced concrete pavement with stabilized subgrade, underground drainage facilities, and sidewalks. In addition, some of the existing utilities in the vicinity may need to be relocated or adjusted. It is projected that the cost of construction for this project will be approximately $760,000. The cost projection included above was prepared for budget purposes only and is not guaranteed as the exact amount which will be bid for furnishing and installing the proposed improvements. A map is attached to show the general location and limits of the proposed project. The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and The Hogan Corporation(Engineer), as approved on July 27, 1993. B. PRE-WORK CONFERENCE The Engineer will meet with the Owner and other appropriate entities to discuss the design criteria, work program and schedule, procedures of communication, additional surveys, assignments of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this project. Other work and review conferences will be scheduled throughout the progress of developing the project. -1- 9/7/99 C. DESIGN PHASE 1. Preliminary Planning a. Confirm the design criteria requirements, funding, and schedules with the Owner. b. Perform a field review of the existing conditions along the route of the project site to identify areas of special concern in design and possible problems to resolve. c. Prepare a recommended schematic layout, typical sections, and alternatives for street construction. d. Review anticipated construction sequencing and the impact that might have on the overall layout or design. e. Determine right-of-way and/or construction easement requirements. f. Prepare a preliminary overall drainage design and establish limits of off-site drainage facilities. g. Identify potential areas requiring significant landscape restoration along the proposed alignment. h. Establish priorities for construction and scheduling for coordination with other projects in the area. i. Schedule, as needed, meeting(s) with representatives of the City of Wylie, property owners, and Collin County Department of Roads and TxDOT. j. Establish the scope of topographic and boundary surveys required for the design to be performed by others, and coordinate same. k. Establish the scope of any soil and foundation investigations or special testing which may be necessary for the design of the Project, and with Owner's approval, arrange for such investigation and testing to be conducted for the Owner's account, and interpret the results of these investigations. 1. Identify utility conflicts and scope of utility relocations. m. Prepare construction cost projection. -2- 9/7/99 n. Proceed, upon written direction of the Owner, with the Design Phase services of the selected plan. 2. Preliminary Design a. Reduce and plot field notes of profile, cross-sections, and topography. b. Confirm existing utility (water, sewer, drainage, gas, cable, TV, telephone, electric)locations, based on information furnished by utility companies. c. Set preliminary alignments and locations for the proposed centerline, pavement transitions, and intersections. d. Prepare preliminary layout of storm drainage system and associated water and sanitary sewer relocations. e. Coordinate preliminary layout of improvements with the City of Wylie, Collin County, TxDOT, property owners, and utility companies. f. Field-check preliminary design. g. Present four (4) sets of preliminary design drawings with preliminary cost projections to the Owner for review and comment. 3. Final Plans and Specifications a. Draft plan and profile sheets to conform with final comments of the Owner from preliminary design review. b. Prepare final details, including traffic control plan, and stormwater pollution prevention plan(SW3P). c. Prepare quantity of materials. d. Prepare final bid schedule, special conditions, specifications, proposal, and contract documents. e. Update projected cost of construction. f. Submit one(1) set of prints of the final plans to the utility companies for review and comment. g. Present two (2) copies of plans and specifications to the Owner for final approval and authorization to proceed with the Construction Phase. -3- 9/7/99 D. CONSTRUCTION PHASE 1. Advertise and Receive Bids a. Coordinate the final printing of the construction plans and specifications for distribution to the proposed bidders. b. Notify individual qualified contractors of the project, and contact the Texas Contractor and Dodge Reports for publishing the description of the project and date for receiving bids. c. Assist the Owner in securing, opening, tabulating, and analyzing of bids. The Engineer will furnish recommendations on the award of the contract based on the lowest qualified bidder. d. Assist in the engineering phases of the preparation of the formal contract documents between the contractor and the Owner. 2. General Review of Construction a. Conduct a preconstruction meeting on site with representatives of the Contractor and Owner. b. Make periodic visits to the site (as distinguished from the continuous services of a resident project representative) to observe the overall progress and quality of the work, and to determine general conformance with the requirements of the contract. c. Consult and advise with the Owner during construction, make recommendations to the Owner regarding the materials and workmanship, and prepare change orders with Owner's approval. d. Check and review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor is required to submit for conformance with the design concept of the Project and compliance with the information given by the contract documents, and assemble written guarantees which are required by the contract documents. e. Assist the Owner in arranging for testing of materials and laboratory control during construction to be conducted at the Owner's expense and interpret the results of such tests. -4- 9/7/99 f. Interpret intent of the plans and specifications for the Owner and contractor(s). g. Review and comment on monthly and final estimates for payment to contractor(s). h. Conduct in company with the Owner's representative a final inspection of the Project for conformance with the design concept of the Project and compliance with the contract documents, and review and comment on the certificate of completion and the recommendation for final payment to the contractor(s). i. Prepare revisions of construction drawings with the assistance of the Owner's Project personnel and the construction contractor(s) reflecting changes in the Project made during construction. These "Record Drawings" shall be provided by the Engineer to the Owner as one set of reproducible sheets and two sets of prints. E. ADDITIONAL SERVICES It is mutually understood that the following services are not included in the Engineer's basic services described above, and if the Owner elects for the Engineer to provide such services, they are to be considered as"Additional Services" and will be compensated for accordingly. 1. The Owner will contract directly with a Registered Professional Land Surveyor (RPLS) for performing design and topographic surveys and any necessary land or boundary surveys for site or easement acquisitions. 2. It is anticipated that the Owner will furnish a full time Resident Project Representative to observe the construction work on a day-to-day basis and to give any necessary directives to the construction contractors. 3. Representatives of the Owner will prepare deed, easement dedication, and/or permit forms for properties, easements, or permits to be acquired and will need to take necessary steps for those acquisitions in a timely manner. 4. The Owner will contract directly with qualified Geotechnical Engineering, Materials Testing, or Environmental Consulting firms as required. The Engineer will review any tests required and act as the Owner's representative in connection with any such services. F. RESPONSIBILITY OF THE OWNER Unless otherwise authorized in writing by the Owner for the Engineer to perform such other additional or special services, the Owner shall be responsible for the following services: -5- 9/7/99 1. Provide the Engineer the assistance needed for collecting data from Owner's records for the design of the water system improvements. The acceptance and use of the data furnished by the Owner to the Engineer shall not operate to impose any obligation upon the Engineer to determine that the data is true, accurate, complete, or correct. 2. Authorize the Engineer to print, collate, and assemble an agreed number of plans, specifications, and bidding documents for distribution to prospective bidders. 3. Prepare daily reports of construction activities, with copies of reports furnished to the Engineer. If needed, daily report forms will be furnished to the Owner by the Engineer. 4. Advise Engineer by telephone, on a weekly basis, of the progress of work, problems encountered in construction, quality of work performed, and other matters concerning the project status. 5. Confirm the percentage of completion for work performed, as submitted by the contractor, during each month. 6. Furnish the local news media with Notice to Bidders and coordinate the appropriate times that the notice is to appear prior to the bid opening date. G. BASIS OF COMPENSATION 1. Availability of Funds The Owner agrees that funds, to the extent required, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Proposal. All invoices submitted by the Engineer and approved by the Owner shall be paid within thirty(30) days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one and one-half percent (1-1/2%) of the unpaid balance, beginning thirty(30)days from the date of the statement. -6- 9/7/99 2. Design Phase a. Engineering The Owner shall make payments to the Engineer for performing the engineering services described in the Design Phase, Section C, on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of$56,400. b. Additional Services For Design Phase For performing any Additional Services For the Design Phase, the Engineer will assist the Owner, as directed, and is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5. The Engineer is to be reimbursed for all direct non-labor, field surveys, and other subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. 3. Construction Phase a. Advertise and Receive Bids For performing these Construction Phase services, as described in Section D, the Engineer is to be paid on a monthly billing basis in proportion to the services proposed herein which has been accomplished, as evidence by the monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The total compensation for the services performed shall be based on the lump sum amount of$2,400. b. General Review of Construction For performing the General Review of Construction, as described in Section D, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. -7- 9/7/99 Total compensation for the above services will not exceed$9,600. c. Additional Services For Construction Phase For performing any Additional Services For Construction Phase, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. 4. Other Special Services If authorized in writing by the Owner, the Engineer shall furnish other services or tasks in addition to the scope of services proposed herein. For performing these special services, the Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times a multiplier of 2.5, with the reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. H. TIME FOR COMPLETION The design work to be performed, as authorized herein, is projected to be completed within nine(9)months after receipt of field survey information. APPROVED: ACCEPTED: CITY OF WYLIE THE HOGAN CORPORATION By By bu / l kud- 1 /° G loci J c t. Mike Collins Larry. Fuson, P.E. City Manager Vice President Attest Attest Date Date -8-