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06-14-1994 (City Council) Agenda Packet
AGENDA FOR WYLIE CITY COUNCIL MEETING OF JUNE 14 , 1994 7 : 00 p _ m _ Wylie Municipal Complex 2000 N Hwy 78 Wylie, Texas CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ACTION ITEMS 1. Consider and Approve Minutes of May 24, 1994 Council Meeting 2. Consider Request of TU Electric For Amendment To Existing Tariff And Take Appropriate Action, Including Adoption of Ordinance In Accordance With Action Taken 3. Consider Approval of Change Orders No. 1 and No. 2 for Holland Hitch Sewer Project and 1st Street Water Main Improvements And Take Appropriate Action 4. Consider Amendment to Section 19 of Zoning Ordinance To Allow Light Fabrication And Assembly as a Permitted Use in B-2 Business Zoning And Adoption Of Amending Ordinance Or Other Appropriate Action 5. Discuss and Consider Bank Depository Contract And Take Appropriate Action 6. Discuss And Consider Adoption Of Resolution Relative To Wylie Park And Recreation Facilities Development Corporation a) Approving Articles of Incorporation b) Authorizing Execution And Filing of Articles c) Authorizing The Corporation To Act On Behalf Of The City To Further Public Purposes AGENDA FOR JUNE 14, 1994 CITY COUNCIL MEETING PAGE 2 7. Discuss And Consider Institution of Annexation Proceedings For Following Tracts and Adoption Of Ordinance(s) Providing For Public Two Public Hearings On Issue Of Annexation And Ordering Preparation Of Service Plan: a) S. Ballard St. North of Fire Station; Abst. 23, Tr. 32, 0.50 a. b) S. Ballard St. North of Fire Station; Abst. 23, Tr. 33, 0.50 a. c) NW Corner of Brown and W.A. Allen (Eubanks); Abst. 688-5, Tr. 115, 1.995 a. d) E. Brown Next to Shiloh Baptist Church; Abst. 688-4, Tr. 107, 1.115 a. e) Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tr. 71, 2.08 a. f) Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tract 73, 1.699 a. g) Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 10. 1.717 a. h) Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 2 and 3, 5.367 a. i) W. Brown at Nortex Nursery, Abst 266, Tr. 18, 1.0 a. j) SW Corner of Brown and Carriage House, Abst. 266, Tr. 5, 1.052 a. k) W. Brown W. of Nortex Nursery, Abst. 266, Tr. 13, 17, and 20, 1.3 a. 1) W. Brown W. of Nortex Nursery, Abst. 266, Tr. 7, .78 a. m) S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 15, 1.071 a. n) S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 6, 6.3 a. o) FM 544 N. of Steel Industrial Park; Abst. 835, Tr. 7, 3.06 a. p) FM 544 W. of Hooper Business Park; Abst. 835, Tr. 8 and 10, 7.96 a. q) SW Corner of FM 544 and Hooper Rd.,; Abst 835, Tr. 12, 5.42 a. STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSIONS 8. Hold Executive Session Under 551.074 of Government Code - Personal Matters - To Discuss The Following: a) Appointment of Members to Development Corporation Board b) Appointment of Member to Planning and Zoning Commission c) Appointment of Members to Parks and Recreation Board d) Appointment of Members to Library Board e) Appointment of Members to Zoning Board of Appeals 0 Appointment of Members to Ambulance Advisory Board AGENDA FOR JUNE 14, 1994 CITY COUNCIL MEETING PAGE 3 9. Reconvene Into Regular Session and Take Any Action Necessary As A Result of Executive Session ADJOURN Posted this 10th day of June, 1994 at o'clock p.m. By Steven P. Deiter City Attorney City of Wylie AGENDA COMMUNICATION Legal '‘\ Steven P. Deiter SUBMITTED BY: DIRECTOR: -"k DATE REFERENCE NO. SUBJECT 6-10-94 Approval of TU Electric Tariff Amendments SUMMARY OF SUBJECT: TU Electric is seeking the City's approval to institute new tariffs for certain business customers within the City. The new tariffs are designed to allow TU to offer discounted electric rates to certain business customers to induce to customer to locate or stay in a TU served area. Such incentives, if approved, would be another tool for the City to use in attraction new business and retention of existing business. TU assures the City the reduced rates of the new tariffs will not be subsidized by residential or other customers. TU is requesting the Council to take action on the request by passing an ordinance which either grants or denies the request. In the event of denial the request will be appealed to the PUC for further consideration. ALTERNATIVES: (I) Approve request for amendment to tariffs by adoption of ordinance of approval (2) Deny request for amendment to tariffs by adoption of ordinance of denial (3) Take no action on request, which inaction will be counted as denial ACTION REQUESTED: Staff recommendation is for Council to adopt ordinance approving tariff amendment. MEMORANDUM TO : City Council FROM: Steve Deiter • SUBJECT : TU Electric -equest For Tariff Change DATE : June 8 , 1994 ********************************************************************************* TU Electric is seeking the City's approval to obtain four new service tariffs which would apply to certain customers within the City. The request is being filed with all Cities in which TU holds the electric franchise and is not peculiar to the City of Wylie. Attached for your review you will find a copy of the letter of Darrell Prcin which accompanied the filing, the Petition and Statement of Intent requesting the new tariffs, and a proposed ordinance which grants the City's approval of the same. The Council has essentially two options with regard to the request. It may grant the approval, as requested, and adopt the ordinance. Or the Council may deny the request if it finds there exists reason for doing so. In the event of approval the new tariffs would go into effect on July 11,1994. If the request is denied I assume TU would appeal the denial to the Public Utilities Commission (PUC) in Austin who would then rule on the matter (approve, modify or deny the request) regardless of the City's previous denial. TU advises that the new tariffs are generally beneficial to the customers, which in this case is business customers only. The changes are explained as being necessary to allow TU, Cities and other entities to compete for attraction and retention of business (presumably heavy electric user ones). Without the existence of the special rates business may go places other than TU Cities such as Wylie. The argument sounds good on its face and probably is beneficial to businesses and economic development. My only concern was that if some businesses would be paying less that would likely mean that the difference would be made up by someone else, such as the residential customer. Darrell Prcin assured me this was not the case as TU will only have certain ranges within which it can reduce rates, and that reductions which would lower the price of the power to where it would be sold at a loss, thereby requiring subsidization by other customers (residential users), would not be allowed. Ultimately this would appear to be something that would enhance Wylie's attraction to prospective businesses, particularly over a competing City or area which would not have the same power incentives. Whether or not to grant the approval is an administrative decision which the Council will have to determine. From a legal perspective it is entirely proper to pass the ordinance and approve the new tariffs, so long as the Council makes a determination that addition of the new tariffs is in the best interest of the City. I also have available the "book" containing the testimony which Mr. Prcin references in his letter. I did not provide the same to the Council since it is approximately one inch thick and not very interesting reading. However, I would be happy to get the document or a copy to any or all of you should you so desire. cc: Steve Norwood ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, APPROVING TEXAS UTILITIES ELECTRIC COMPANY'S PROPOSED RIDER ED - ECONOMIC DEVELOPMENT SERVICE, RATE GC - GENERAL SERVICE COMPETITIVE PRICING, RATE WPC - WHOLESALE POWER COMPETITIVE PRICING, AND RIDER ET - ENVIRONMENTAL TECHNOLOGY SERVICE; PROVIDING FOR AN EFFECTIVE DATE THEREFORE,PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES AND SERVICE REGULATIONS MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC, AS REQUIRED BY LAW; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION 1. On June 6, 1994, Texas Utilities Electric Company filed with the Governing Body of this municipality a Petition and Statement of Intent proposing to implement four new tariff schedules: Rider ED - Economic Development Service; Rate GC - General Service Competitive Pricing; Rate WPC - Wholesale Power Competitive Pricing; and Rider ET - Environmental Technology Service. Said proposed tariffs are each hereby approved for implementation by Texas Utilities Electric Company within the corporate limits of this municipality until such time as said tariff schedules may be changed, modified, amended, or withdrawn with the approval of the Governing Body of this municipality. SECTION 2. The aforesaid tariff schedules herein approved shall be effective from and after the final passage of this ordinance. SECTION 3. The filing of said tariff schedules shall constitute notice to the consumers of electricity, within this municipality, of the availability and application of such tariff schedules. SECTION 4. Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying in any manner, the right and power of the Governing Body of this municipality under the law to regulate the rates, operations, and services of Texas Utilities Electric Company. SECTION 5. It is hereby officially found and determined that the meeting at which this 1 Ordinance is passed is open the public and as required by law and that public notice of the time, place and purpose of said meting was given as required. SECTION 6. There are no requirements of the City Charter or State law which require multiple readings of this ordinance, therfore this Ordinance shall take effect immediately upon its passage. DULY PASSED AND APPROVED at a Regular Meeting of the City Council of the City of Wylie, Texas, this 14th day of June, 1994. James D. Swartz Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 2 TUELECTRIC Darrell Prcin Garland Manager June 6, 1994 City of Wylie . 2000 N. State Hwy. 78 Wylie, TX 75098 Attached for filing please find a Petition and Statement of Intent of Texas Utilities Electric Company (TU Electric) . This filing requests approval of four tariffs and is identical to filings being made today with all of TU Electric's other regulatory authorities. Also, transmitted with this letter as part of this filing is a one- volume Rate Filing Package containing a copy of TU Electric's Petition and Statement of Intent before the Public Utility Commission of Texas and the testimony that explains and supports the approval of the proposed tariffs. The four tariffs are attached as exhibits to the testimony of Mr. Houle. Should you have any questions concerning this filing, please give me a call. Very truly yours, Darrell Prcin Receipt Ackno ledge By: Title: Date: (� P.O.Box 461447 Garland,Texas 75046-1447 214 487-2222 BEFORE THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS APPLICATION OF TEXAS UTILITIES § ELECTRIC COMPANY FOR AUTHORITY § TO IMPLEMENT ECONOMIC DEVELOP- § MENT SERVICE, GENERAL SERVICE § DOCKET NO. COMPETITIVE PRICING, WHOLESALE § POWER COMPETITIVE PRICING, AND § ENVIRONMENTAL TECHNOLOGY § SERVICE § PETITION AND STATEMENT OF INTENT TO THE HONORABLE SAID GOVERNING BODY: For its Petition and Statement of Intent, Texas Utilities Electric Company ("TU Electric") , a corporation organized and existing under the laws of the State of Texas and a public utility as that term is defined in the Public Utility Regulatory Act, Article 1446c, V.A.T.S. (the "PURA") , respectfully submits the following: I. TU Electric proposes tariffs under which it seeks to offer four new services within its service territory: (1) Economic Development Service -- through proposed Rider ED, which is a rider to TU Electric's existing General Service Rates GS, GP, and HV that provides for a discounted demand charge to those that qualify under the terms of the Rider; Rider ED is designed to contribute to the economic development of the service territory by attracting new businesses and industries and the expansion by existing businesses and industries; (2) General Service Competitive Pricing -- through proposed Rate GC, which provides for a negotiated reduction, within limits, in the demand charges that would otherwise be applicable to the customer's electrical load under TU Electric's General Service Rates GS, GP, or HV, where the customer's electrical load otherwise would not be served by the Company because, without the reduction in the demand' charges, the customer would self-generate its electricity or obtain service from another energy service supplier or cease its operations; (3) Wholesale Power Competitive Pricing -- through proposed Rate WPC, which provides for a negotiated reduction, within limits, in the demand charges that would otherwise be applicable to the customer's electrical load under TU Electric's Wholesale Power Rate WP, where the customer's electrical load otherwise would not be served by the Company because, without the reduction in the demand charges, the customer would self-generate its electricity or obtain service from another energy service supplier; and (4) Environmental Technology Service -- through proposed Rider ET, which is a rider to TU Electric's existing General Service Rates GS, GP, and HV that provides for a discounted demand charge to those that qualify under the terms of the proposed Rider; proposed Rider ET is designed to encourage the use of more energy-efficient electrical technologies or processes that significantly -2- improve the quality of the environment through the use of an electrical technology, such as the substitution of an electric arc furnace for a coke-fired furnace in a metals fabrication facility or infrared heating for coating processes to reduce volatile organic compound emissions. Attached hereto and made a part hereof is a copy of the Petition and Statement of Intent being filed with the Public Utility Commission of Texas ("Commission") contemporaneously with the filing of this Petition and Statement of Intent, together with the testimony and exhibits of Dr. William E. Avera, Mr. Marc W. Goldsmith, and Mr. Stephen J. Houle, which justify the provision of these new services and the reasonableness and propriety of the provisions of the proposed tariffs. II. This municipal regulatory authority has jurisdiction over TU Electric and the subject matter hereof within this municipality's corporate limits by virtue of Sections 17 (a) , 37, and 43 of the PURA. III. In keeping with the provisions of Section 43 (a) of the PURA, TU Electric proposes that the proposed tariffs be effective on July 11, 1994. IV. The proposed tariffs are attached as Exhibits SJH-1, SJH-2, SJH-3, and SJH-4 to the direct testimony of Mr. Stephen J. Houle, an attachment to the Petition and Statement of Intent filed with -3- the Commission. In addition to the explanation set forth in Section I hereof, the proposed tariffs are further explained in detail in Mr. Houle's testimony. V. This is not a "major change" as that term is defined in Section 43 (b) of the PURA. All of the information required by Section 43 (a) of the PURA is set forth in this Petition and Statement of Intent and the attachments hereto. The proposed tariffs will not increase TU Electric's rates but provide for reductions to the existing rates. VI. The only customers that will be affected by the proposed Economic Development Service Rider ED, the proposed General Service Competitive Pricing Rate GC, and the proposed Environmental Technology Service Rider ET are those customers that are eligible for service under TU Electric's existing General Service Rates GS, GP, and HV and that qualify for the service under the terms of the proposed tariffs. The demand charges under those proposed tariffs are less than the demand charges under Rates GS, GP, and HV, respectively. The only customers that will be affected by the proposed Wholesale Power Competitive Pricing Rate WPC are those customers that are eligible for service under TU Electric's existing Wholesale Power Rate WP and that qualify for the service under the terms of the proposed tariff. The demand charges under this proposed tariff are less than the demand charges under Rate WP. The territory affected by this proceeding consists of the area -4- within the corporate limits of this municipality certificated to TU Electric by the Commission; however, TU Electric is seeking authority from the Commission and all of its municipal regulatory authorities to implement these four proposed tariffs, so that same will be applicable throughout all of the territories to which it is certificated to provide electric service. VII. Notice of this Petition and Statement of Intent is being published for four consecutive weeks in newspapers having general circulation in the counties in which TU Electric provides electric service. VIII. The business and mailing address of TU Electric is: Texas Utilities Electric Company 2001 Bryan Street Dallas, Texas 75201 TU Electric's business telephone number, including area code, is: (214) 812-4600 TU Electric's authorized representatives are: R. D. Keeney Vice President Texas Utilities Electric Company 2001 Bryan Street, Suite 2100 Dallas, Texas 75201 (214) 812-2778 and J. Dan Bohannan Worsham, Forsythe, Sampels & Wooldridge, L.L.P. 2001 Bryan Street, Suite 3200 Dallas, Texas 75201 (214) 979-3000 -5- General inquiries concerning this Petition and Statement of Intent should be directed to Mr. Keeney at the above-stated address and telephone. All pleadings, motions, orders, and other documents filed in this proceeding should be served upon Mr. Bohannan at the above-stated address. WHEREFORE, TU Electric prays this Honorable Governing Body to approve the proposed tariffs and authorize it to provide the requested new services; further, TU Electric prays for such other relief to which it may be• justly entitled. Respectfully submitted, WORSHAM, FORSYTHE, SAMPELS & WOOLDRIDGE, L.L.P. J. Dan Bohannan State Bar No. 02563000 2001 Bryan Street, Suite 3200 Dallas, Texas 75201 Telephone: ( 14) 979-3000 Fax: (214) : . 0-0011 By: !4 it 4A A 414444+'L•# DY Bohannan ATTO'p. YS FOR TEXAS UTILITIES ELECTRIC COMPANY -6- City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Community Development DIRECTOR: Russell Wyman DATE REFERENCE NO. SUBJECT 6/9/94 Change Orders No. 1 and No. 2 Holland Hitch Sewer and 1st St. Water Main Improvements SUMMARY OF SUBJECT: Request from Max B Construction for Change Order #1 is for concrete encasement used in creek crossing portion of the Holland Hitch sewer project. The old 15" clay tile sewer fell apart when exposed to install new main. Additional concrete encasement was needed in this area. The amount requested is $1,320. Change Order #2 is for additional work and materials needed to construct 1 manhole and 200 feet of sewer main for the Family Hair Care Center which is within City right-of-way. The project was recommended by Staff. The amount requested is $4,150. The amount of contract prior to the Change Orders is $85,400. Total contract after Change Orders #1 & #2 will be $90,870. ALTERNATIVES: 1. Accept Change Orders No. 1 and No. 2 or 2. Deny Change Orders No. 1 and No. 2 ACTION REQUESTED: Accept request for Change Order No. 1 and No. 2 and execute Change Order copies. REVENUE SOURCES: EXPENDITURE ACCOUNTS: Holland Hitch Sewer/1st Street Water BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S 5,400 PERSONNEL ElOVER/UNDER PROJECTIONS BY: OPERATIONS CI ONE-TIME CI • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER - BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE X PLANNING/ENG.(O0SU(++Yii-LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER THE HOGAN CORPORATION Engineers • Planners • Consultants June 7, 1994 Honorable Mayor and City Council Members City of Wylie,Texas 2000 Hwy. 78 N. P.O.Box 428 Wylie,Texas 75098 Attention: Mr. Steve Norwood Re: Change Orders No. 1 &2 for the Holland Hitch Sewer and First Street Water Main Improvements Projects. Dear Mayor and Council Members: Attached are copies of the Request for Change Order No. 1 and No. 2 for the above referenced project prepared by Max B Construction&Development. The Hogan Corporation has reviewed the requests and found them to be reasonable and justified. Request for Change Order No. 1 is for additional concrete encasement used in the creek crossing portion of the Holland Hitch Sewer project. When the existing trunk sewer mains in the creek were exposed to install the new main, the older 15-inch clay tile sewer fell apart. It was decided that additional concrete encasement was needed in this area to ensure adequate protection of both the old and the new lines. The amount requested is an additional$1,320.00. Request for Change Order No. 2 is for the additional work and materials needed to construct approximately 200- feet of sewer main and one manhole for the portion of the Family Hair Care sewer which is within City right-of- way. This project was recommended by staff. The amount requested is an additional $4,150.00. The amount of the Contract prior to these Change Orders is$85,400.00. The total amount of the Contract after Change Orders No. 1 &2 will be$90,870.00. Should you concur with our recommendation for granting Change Orders No. 1 &2, please sign all six(6) originals, retain two(2) sets for your files and return two(2)sets each to the Contractor and to this office. Sincerely. The Hogan Corporation • Gregory MacLean,P.E. Project Manager Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 Member, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL: (214) 392-4600 FAX: (214)490-7163 CHANGE ORDER No. One(1) PROJECT: Holland Hitch Sewer and First Street DATE OF ISSUANCE: Water Main Improvements • OWNER: City of Wylie OWNER'S Project No. 2000 Hwy 78 North P.O.Box 428 ENGINEER: The Hogan Corporation Wylie,Texas 75098-0428 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR: Max B Construction&Development ENGINEER'S Project No. 002-21.01 Rt.4 Box 295 Terrell,Texas 75160 • Description: Add 11 cubic yards of concrete for encasement at$120/cubic yard for a total addition to the contract of $1,320.00. Purpose of Change Order: To allow for additional concrete encasement of Holland Hitch Sewer project. Attachments:(List documents supporting change) (See Request for Change Order#1) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $85,400.00 60 days or date Previous Change Order No. - to No. - . Net change from previous Change Orders 0 days Contract Price Prior to this Change Order Contract Time Prior to this Change Order $85,400.00 60 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $1,320.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $86,720.00 60 days or date RECOMMENDED: APPROVED: APPROVED: By: BY By i! Engineer Owner Contractor Gregory S.MacLean,P.E. The Hogan Corporation City of Wylie Max B Construction&Development Date: Date: Date: tflqi`�}`� Max . Construction & Development REQUEST FOR CHANGE ORDER #1 DATE: May 25, 1994 OWNER: CITY OF WYLIE • ENGINEER: THE HOGAN CORPORATION PROJECT: PACKAGE A HOLLAND HITCH SEWER IMPROVEMENTS PACKAGE B FIRST STREET WATER MAIN IMPROVEMENTS LABOR& MATERIALS FOR ADDITIONAL CONCRETE USED AS PER CITY OF WYLIE INSPECTOR AROUND EXISTING 15" CLAY PIPE AND ADDITIONAL ENCASEMENT AROUND THE CREEK CROSSING OVER AND ABOVE AMOUNT REQUIRED IN THE PLANS AND SPECIFICATIONS. 11 CUBIC YARDS @ $120.00/CUBIC YARD = $ 1,320.00 TOTAL AMOUNT DUE C.O. #1: $ 1,320.00 .ram. =' /#0 ,c54' M. BUTLER, SR( THE HOGAN CORPORATION P.O. Box 1144 • Rockwall, Texas 75087 • 214/636-2698 • Fax: 214/636-7088 CHANGE ORDER No. One(1) PROJECT: Holland Hitch Sewer and First Street DATE OF ISSUANCE: Water Main Improvements • OWNER: City of Wylie OWNER'S Project No. 2000 Hwy 78 North P.O.Box 428 ENGINEER: The Hogan Corporation Wylie,Texas 75098-0428 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR: Max B Construction&Development ENGINEER'S Project No. 002-21.01 Rt.4 Box 295 Terrell,Texas 75160 Description: Add 11 cubic yards of concrete for encasement at$120/cubic yard for a total addition to the contract of $1,320.00. Purpose of Change Order: To allow for additional concrete encasement of Holland Hitch Sewer project. Attachments:(List documents supporting change) (See Request for Change Order#1) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $85,400.00 60 days or date Previous Change Order No. - to No. - . Net change from previous Change Orders 0 days Contract Price Prior to this Change Order Contract Time Prior to this Change Order $85,400.00 60 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $1,320.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $86,720.00 60 days or date RECOMMENDED: APPROVED: APPROVED: By: By; By: - fi < t ,lei Engineer Owner Contractor Gregory S.MacLean,P.E. The Hogan Corporation City of Wylie Max B Construction&Development Date: Date: Date: �� Ma Construction & Development REQUEST FOR CHANGE ORDER #1 DATE: May 25, 1994 OWNER: CITY OF WYLIE • ENGINEER: THE HOGAN CORPORATION PROJECT: PACKAGE A HOLLAND HITCH SEWER IMPROVEMENTS PACKAGE B FIRST STREET WATER MAIN IMPROVEMENTS LABOR& MATERIALS FOR ADDITIONAL CONCRETE USED AS PER CITY OF WYLIE INSPECTOR AROUND EXISTING 15" CLAY PIPE AND ADDITIONAL ENCASEMENT AROUND THE CREEK CROSSING OVER AND ABOVE AMOUNT REQUIRED IN THE PLANS AND SPECIFICATIONS. 11 CUBIC YARDS @ $120.00/CUBIC YARD = $ 1,320.00 TOTAL AMOUNT DUE C.O. #1: $ 1,320.00 4i/A M. BUTLER, SR( THEHOGAN CORPORATION P.O. Box 1144 • Rockwall, Texas 75087 • 214/636-2698 • Fax: 214/636-7088 CHANGE ORDER No. One(1) PROJECT: Holland Hitch Sewer and First Street DATE OF ISSUANCE: Water Main Improvements • OWNER: City of Wylie OWNER'S Project No. 2000 Hwy 78 North P.O.Box 428 ENGINEER: The Hogan Corporation Wylie,Texas 75098-0428 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR: Max B Construction&Development ENGINEER'S Project No. 002-21.01 Rt.4 Box 295 Terrell,Texas 75160 Description: Add 11 cubic yards of concrete for encasement at$120/cubic yard for a total addition to the contract of $1,320.00. Purpose of Change Order: To allow for additional concrete encasement of Holland Hitch Sewer project. Attachments:(List documents supporting change) (See Request for Change Order#1) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $85,400.00 60 days or date Previous Change Order No. - to No. - . Net change from previous Change Orders 0 days Contract Price Prior to this Change Order Contract Time Prior to this Change Order $85,400.00 60 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $1,320.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $86,720.00 60 days or date RECOMMENDED: APPROVED: APPROVED: By: By: /c Engineer Owner i� Contractor Gregory S.MacLean,P.E. The Hogan Corporation City of Wylie Max B Construction&Development Date: Date: Date: C,%/; Ma Construction & Development REQUEST FOR CHANGE ORDER #1 DATE: May 25, 1994 OWNER: CITY OF WYLIE ' ENGINEER: THE HOGAN CORPORATION PROJECT: PACKAGE A HOLLAND HITCH SEWER IMPROVEMENTS PACKAGE B FIRST STREET WATER MAIN IMPROVEMENTS LABOR& MATERIALS FOR ADDITIONAL CONCRETE USED AS PER CITY OF WYLIE INSPECTOR AROUND EXISTING 15" CLAY PIPE AND ADDITIONAL ENCASEMENT AROUND THE CREEK CROSSING OVER AND ABOVE AMOUNT REQUIRED IN THE PLANS AND SPECIFICATIONS. 11 CUBIC YARDS @ $120.00/CUBIC YARD = $ 1,320.00 TOTAL AMOUNT DUE C.O. #1: $ 1,320.00 14‘,C47 RAIdH M. BUTLER, SR( THE HOGAN CORPORATION P.O. Box 1144 • Rockwall, Texas 75087 • 214/636-2698 • Fax: 214/636-7088 CHANGE ORDER No. One(1) PROJECT: Holland Hitch Sewer and First Street DATE OF ISSUANCE: Water Main Improvements • OWNER: City of Wylie OWNER'S Project No. 2000 Hwy 78 North P.O.Box 428 ENGINEER: The Hogan Corporation Wylie,Texas 75098-0428 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR:Max B Construction&Development ENGINEER'S Project No. 002-21.01 Rt.4 Box 295 Terrell,Texas 75160 Description: Add 11 cubic yards of concrete for encasement at$120/cubic yard for a total addition to the contract of $1,320.00. Purpose of Change Order: To allow for additional concrete encasement of Holland Hitch Sewer project. Attachments:(List documents supporting change) (See Request for Change Order#1) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $85,400.00 60 days or date Previous Change Order No. - to No. - . Net change from previous Change Orders 0 days Contract Price Prior to this Change Order Contract Time Prior to this Change Order $85,400.00 60 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $1,320.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $86,720.00 60 days or date RECOMMENDED: APPROVED: APPROVED: /7 i By: By: By: '/ Jul'f " / L Engineer Owner r Contractor Gregory S.MacLean,P.E. The Hogan Corporation City of Wylie Max B Construction&Development Date: Date: Date: C./9- `;)'/ Ma Construction & Development REQUEST FOR CHANGE ORDER #1 DATE: May 25, 1994 OWNER: CITY OF WYLIE ' ENGINEER: THE HOGAN CORPORATION PROJECT: PACKAGE A HOLLAND HITCH SEWER IMPROVEMENTS PACKAGE B FIRST STREET WATER MAIN IMPROVEMENTS LABOR& MATERIALS FOR ADDITIONAL CONCRETE USED AS PER CITY OF WYLIE INSPECTOR AROUND EXISTING 15" CLAY PIPE AND ADDITIONAL ENCASEMENT AROUND THE CREEK CROSSING OVER AND ABOVE AMOUNT REQUIRED IN THE PLANS AND SPECIFICATIONS. 11 CUBIC YARDS @ $120.00/CUBIC YARD = $ 1,320.00 TOTAL AMOUNT DUE C.O. #1: $ 1,320.00 M. BUTLER, SR( THE HOGAN CORPORATION P.O. Box 1144 • Rockwall, Texas 75087 • 214/636-2698 • Fax: 214/636-7088 CHANGE ORDER No. One(1) PROJECT: Holland Hitch Sewer and First Street DATE OF ISSUANCE: Water Main Improvements • OWNER: City of Wylie OWNER'S Project No. 2000 Hwy 78 North P.O.Box 428 ENGINEER: The Hogan Corporation Wylie,Texas 75098-0428 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR: Max B Construction&Development ENGINEER'S Project No. 002-21.01 Rt.4 Box 295 Terrell,Texas 75160 Description: Add 11 cubic yards of concrete for encasement at$120/cubic yard for a total addition to the contract of $1,320.00. Purpose of Change Order: To allow for additional • concrete encasement of Holland Hitch Sewer project. Attachments:(List documents supporting change) (See Request for Change Order#1) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $85,400.00 60 days or date Previous Change Order No. - to No. - . Net change from previous Change Orders 0 days Contract Price Prior to this Change Order Contract Time Prior to this Change Order S85,400.00 60 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $1,320.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $86,720.00 60 days or date RECOMMENDED: APPROVED: APPROVED: j By By: By: / Contractor ��� Owner _, Gregory S.MacLean,P.E. The Hogan Corporation City of Wylie Max B Construction&Development Date: Date: Date: `/q/9X Mai Construction & Development • REQUEST FOR CHANGE ORDER #1 DATE: May 25, 1994 OWNER: CITY OF WYLIE • ENGINEER: THE HOGAN CORPORATION PROJECT: PACKAGE A HOLLAND HITCH SEWER IMPROVEMENTS PACKAGE B FIRST STREET WATER MAIN IMPROVEMENTS LABOR& MATERIALS FOR ADDITIONAL CONCRETE USED AS PER CITY OF WYLIE INSPECTOR AROUND EXISTING 15" CLAY PIPE AND ADDITIONAL ENCASEMENT AROUND THE CREEK CROSSING OVER AND ABOVE AMOUNT REQUIRED IN THE PLANS AND SPECIFICATIONS. 11 CUBIC YARDS @ $120.00/CUBIC YARD = $ 1,320.00 TOTAL AMOUNT DUE C.O. #1: $ 1,320.00 �, o M. BUTLER, SR( THE HOGAN CORPORATION P.O. Box 1144 • Rockwall, Texas 75087 • 214/636-2698 • Fax: 214/636-7088 CHANGE ORDER No. One(1) PROJECT: Holland Hitch Sewer and First Street DATE OF ISSUANCE: Water Main Improvements • OWNER: City of Wylie OWNER'S Project No. 2000 Hwy 78 North P.O.Box 428 ENGINEER: The Hogan Corporation Wylie,Texas 75098-0428 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR: Max B Construction&Development ENGINEER'S Project No. 002-21.01 Rt.4 Box 295 Terrell,Texas 75160 Description: Add 11 cubic yards of concrete for encasement at$120/cubic yard for a total addition to the contract of $1,320.00. Purpose of Change Order: To allow for additional concrete encasement of Holland Hitch Sewer project. Attachments:(List documents supporting change) (See Request for Change Order#1) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $85,400.00 60 days or date Previous Change Order No. - to No. - . Net change from previous Change Orders 0 days Contract Price Prior to this Change Order Contract Time Prior to this Change Order $85,400.00 60 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $1,320.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $86,720.00 60 days or date RECOMMENDED: APPROVED: APPROVED: By: By: B :y ? iAt Engineer Owner Contractor Gregory S.MacLean,P.E. The Hogan Corporation City of Wylie Max B Construction&Development Date: Date: Date: G/2-/y Ma Construction & Development REQUEST FOR CHANGE ORDER #1 DATE: May 25, 1994 OWNER: CITY OF WYLIE • ENGINEER: THE HOGAN CORPORATION PROJECT: PACKAGE A HOLLAND HITCH SEWER IMPROVEMENTS PACKAGE B FIRST STREET WATER MAIN IMPROVEMENTS LABOR&MATERIALS FOR ADDITIONAL CONCRETE USED AS PER CITY OF WYLIE INSPECTOR AROUND EXISTING 15" CLAY PIPE AND ADDITIONAL ENCASEMENT AROUND THE CREEK CROSSING OVER AND ABOVE AMOUNT REQUIRED IN THE PLANS AND SPECIFICATIONS. 11 CUBIC YARDS @ $120.00/CUBIC YARD = $ 1,320.00 TOTAL AMOUNT DUE C.O. #1: $ 1,320.00 M. BUTLER, SR( THE HOGAN CORPORATION P.O. Box 1144 • Rockwall, Texas 75087 • 214/636-2698 • Fax: 214/636-7088 CHANGE ORDER No. Two (2) PROJECT: Holland Hitch Sewer and First Street DATE OF ISSUANCE: Water Main Improvements OWNER: City of Wylie OWNER'S Project No. 2000 Hwy 78 North P.O.Box 428 ENGINEER: The Hogan Corporation Wylie,Texas 75098-0428 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR: Max B Construction&Development ENGINEER'S Project No. 002-21.01 Rt.4 Box 295 Terrell,Texas 75160 Description: Add a new section of sewer to the project to serve the Family Hair Care lot. Purpose of Change Order: Same Attachments:(List documents supporting change) (See Request for Change Order#2) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $85,400.00 60 days or date Previous Change Order No. 1 to No. Net change from previous Change Orders $1,320.00 0 days Contract Price Prior to this Change Order Contract Time Prior to this Change Order $86,720.00 60 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $4,150.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $90,870.00 60 days or date RECOMMENDED: APPROVED: APPROVED: Engi Owner / Contractor // Gregory S.MacLean,P.E. The Hogan Corpor ti n City of Wylie Max B Construction&Development Date: f 9 Date: Date: ���� Ma Construction & Development REQUEST FOR CHANGE ORDER #2 DATE: May 27, 1994 OWNER: CITY OF WYLIE ENGINEER: THE HOGAN CORPORATION PROJECT: ADDITIONAL SEWER LINE ON ROAD 389 OFF HWY. 78 200 LF OF 8" (PIPE SUPPLIED BY CITY) @ $12.00/LF $ 2,400.00 CONNECT TO EXISTING MANHOLE 500.00 4' DIAMETER 8' DEEP MANHOLE 1,250.00 TOTAL AMOUNT DUE C.O. #2: $ 4,150.00 H M. BU LER, SR. / THE HOGAN CORPORATION P.O. Box 1144 • Rockwall, Texas 75087 • 214/636-2698 • Fax: 214/636-7088 CHANGE ORDER No. Two (2) PROJECT: Holland Hitch Sewer and First Street DATE OF ISSUANCE: Water Main Improvements OWNER: City of Wylie OWNER'S Project No. 2000 Hwy 78 North P.O. Box 428 ENGINEER: The Hogan Corporation Wylie,Texas 75098-0428 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR: Max B Construction&Development ENGINEER'S Project No. 002-21.01 Rt.4 Box 295 Terrell,Texas 75160 Description: Add a new section of sewer to the project to serve the Family Hair Care lot. Purpose of Change Order: Same Attachments:(List documents supporting change) (See Request for Change Order#2) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $85,400.00 60 days or date Previous Change Order No. 1 to No. - Net change from previous Change Orders $1,320.00 0 days Contract Price Prior to this Change Order Contract Time Prior to this Change Order $86,720.00 60 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $4,150.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $90,870.00 60 days or date RECOMMENDED: APPROVED: APPROVED: By: (i �i �-- By: By: ,ter , !. 7�,._�Cg`: ��Engineer / Owner >�— Contractor -Cr Gregory S.MacLean,P.E. The Hogan Corporation City City of Wylie Max B Construction&Development Date: �� 7 Date: Dater 9 Ma,x Construction & Development REQUEST FOR CHANGE ORDER #2 DATE: May 27, 1994 OWNER: CITY OF WYLIE ENGINEER: THE HOGAN CORPORATION PROJECT: ADDITIONAL SEWER LINE ON ROAD 389 OFF HWY. 78 200 LF OF 8" (PIPE SUPPLIED BY CITY) @ $12.00/LF $ 2,400.00 CONNECT TO EXISTING MANHOLE 500.00 4'DIAMETER 8' DEEP MANHOLE 1,250.00 TOTAL AMOUNT DUE C.O. #2: $ 4,150.00 H M. BU7 LER, SR. / THE HOGAN CORPORATION P.O. Box 1144 • Rockwall, Texas 75087 • 214/636-2698 • Fax: 214/636-7088 CHANGE ORDER No. Two (2) PROJECT: Holland Hitch Sewer and First Street DATE OF ISSUANCE: Water Main Improvements OWNER: City of Wylie OWNER'S Project No. 2000 Hwy 78 North P.O.Box 428 ENGINEER: The Hogan Corporation Wylie,Texas 75098-0428 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR: Max B Construction&Development ENGINEER'S Project No. 002-21.01 Rt.4 Box 295 Terrell,Texas 75160 Description: Add a new section of sewer to the project to serve the Family Hair Care lot. Purpose of Change Order: Same Attachments:(List documents supporting change) (See Request for Change Order#2) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $85,400.00 60 days or date Previous Change Order No. 1 to No. - Net change from previous Change Orders $1,320.00 0 days Contract Price Prior to this Change Order Contract Time Prior to this Change Order $86,720.00 60 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $4,150.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $90,870.00 60 days or date RECOMMENDER: APPROVED: APPROVED: 9 y / / , ) > By: - t By. By>-- 1 l r=-c . Engin`eer Owner Contractor Gregory S.MacLean,P.E. The Hogan Corpor tion City of Wylie Max B Construction&Development Date: /:1 Date: Date: (L`7/9 y Ma Construction & Development REQUEST FOR CHANGE ORDER #2 DATE: May 27, 1994 OWNER: CITY OF WYLIE ENGINEER: THE HOGAN CORPORATION PROJECT: ADDITIONAL SEWER LINE ON ROAD 389 OFF HWY. 78 200 LF OF 8" (PIPE SUPPLIED BY CITY) @ $12.00/LF $ 2,400.00 CONNECT TO EXISTING MANHOLE 500.00 4' DIAMETER 8' DEEP MANHOLE 1,250.00 TOTAL AMOUNT DUE C.O. #2: $ 4,150.00 H M. BU LER, SR. / THE HOGAN CORPORATION { P.O. Box 1144 • Rockwall, Texas 75087 • 214/636-2698 • Fax: 214/636-7088 CHANGE ORDER No. Two (2) PROJECT: Holland Hitch Sewer and First Street DATE OF ISSUANCE: Water Main Improvements OWNER: City of Wylie OWNER'S Project No. 2000 Hwy 78 North P.O.Box 428 ENGINEER: The Hogan Corporation Wylie,Texas 75098-0428 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR: Max B Construction&Development ENGINEER'S Project No. 002-21.01 Rt.4 Box 295 Terrell,Texas 75160 Description: Add a new section of sewer to the project to serve the Family Hair Care lot. Purpose of Change Order: Same Attachments:(List documents supporting change) (See Request for Change Order#2) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $85,400.00 60 days or date Previous Change Order No. 1 to No. - Net change from previous Change Orders $1,320.00 0 days Contract Price Prior to this Change Order Contract Time Prior to this Change Order $86,720.00 60 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $4,150.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $90,870.00 60 days or date RECOMMENDED: APPROVED: APPROVED: By: -> , By: Engineer Owner ✓, Contractor Gregory S.MacLean,P.E. The Hogan Corpo ation City of Wylie Max B Construction&Development Date: (( 71 Date: Date: C/-/-7/ Ma Construction & Development REQUEST FOR CHANGE ORDER #2 DATE: May 27, 1994 OWNER: CITY OF WYLIE ENGINEER: THE HOGAN CORPORATION PROJECT: ADDITIONAL SEWER LINE ON ROAD 389 OFF HWY. 78 200 LF OF 8" (PIPE SUPPLIED BY CITY) @ $12.00/LF $ 2,400.00 CONNECT TO EXISTING MANHOLE 500.00 4' DIAMETER 8' DEEP MANHOLE 1,250.00 TOTAL AMOUNT DUE C.O. #2: $ 4,150.00 H M. BU LER, SR. / THE HOGAN CORPORATION P.O. Box 1144 • Rockwall, Texas 75087 • 214/636-2698 • Fax: 214/636-7088 CHANGE ORDER No. Two (2) PROJECT: Holland Hitch Sewer and First Street DATE OF ISSUANCE: Water Main Improvements OWNER: City of Wylie OWNER'S Project No. 2000 Hwy 78 North P.O.Box 428 ENGINEER: The Hogan Corporation Wylie,Texas 75098-0428 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR:Max B Construction&Development ENGINEER'S Project No. 002-21.01 Rt.4 Box 295 Terrell,Texas 75160 Description: Add a new section of sewer to the project to serve the Family Hair Care lot. Purpose of Change Order: Same Attachments:(List documents supporting change) (See Request for Change Order#2) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $85,400.00 60 days or date Previous Change Order No. 1 to No. - Net change from previous Change Orders $1,320.00 0 days Contract Price Prior to this Change Order Contract Time Prior to this Change Order $86,720.00 60 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $4,150.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $90,870.00 60 days or date RECOMME APPROVED: APPROVED: Z____7 7 - By. By; By: ` '1%, ;' •� `�;G z'. ,,' En ' ' Owner / Contactor Gregory S.MacLean,P.E. The Hogan Corpo ation City of Wylie Max B Construction&Development Date: `/, Date: Date: C/y y Ma Construction & Development REQUEST FOR CHANGE ORDER #2 DATE: May 27, 1994 OWNER: CITY OF WYLIE ENGINEER: THE HOGAN CORPORATION PROJECT: ADDITIONAL SEWER LINE ON ROAD 389 OFF HWY. 78 200 LF OF 8" (PIPE SUPPLIED BY CITY) @ $12.00/LF $ 2,400.00 CONNECT TO EXISTING MANHOLE 500.00 4' DIAMETER 8' DEEP MANHOLE 1,250.00 TOTAL AMOUNT DUE C.O. #2: $ 4,150.00 H M. BU LER, SR. / THE HOGAN CORPORATION P.O. Box 1144 • Rockwall, Texas 75087 • 214/636-2698 • Fax: 214/636-7088 CHANGE ORDER No. Two (2) PROJECT: Holland Hitch Sewer and First Street DATE OF ISSUANCE: Water Main Improvements OWNER: City of Wylie OWNER'S Project No. 2000 Hwy 78 North P.O.Box 428 ENGINEER: The Hogan Corporation Wylie,Texas 75098-0428 12900 Preston Road Suite 620 Dallas,Texas 75230 CONTRACTOR: Max B Construction&Development ENGINEER'S Project No. 002-21.01 Rt.4 Box 295 Terrell,Texas 75160 Description: Add a new section of sewer to the project to serve the Family Hair Care lot. Purpose of Change Order: Same Attachments:(List documents supporting change) (See Request for Change Order#2) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $85,400.00 60 days or date Previous Change Order No. 1 to No. - Net change from previous Change Orders $1,320.00 0 days Contract Price Prior to this Change Order Contract Time Prior to this Change Order $86,720.00 60 days or date Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $4,150.00 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $90,870.00 60 days or date RECOMMENDED: APPROVED: APPROVED: By r ir � /ZT BY: BY: Engineer Owner Contractor Gregory S.MacLean,P.E. The Hogan Corporation City of Wylie Max B Construction&Development Date: 3j �/S1/,% 7 Date: Date: 6f ' Mas Construction & Development REQUEST FOR CHANGE ORDER #2 DATE: May 27, 1994 OWNER: CITY OF WYLIE ENGINEER: THE HOGAN CORPORATION PROJECT: ADDITIONAL SEWER LINE ON ROAD 389 OFF HWY. 78 200 LF OF 8" (PIPE SUPPLIED BY CITY) @ $12.00/LF $ 2,400.00 CONNECT TO EXISTING MANHOLE 500.00 4' DIAMETER 8' DEEP MANHOLE 1,250.00 TOTAL AMOUNT DUE C.O. #2: $ 4,150.00 1A f H M. BU LER, SR. / THE HOGAN CORPORATION P.O. Box 1144 • Rockwall, Texas 75087 • 214/636-2698 • Fax: 214/636-7088 City of Wylie AGENDA COMMUNICATION Legal Steven P. Deiter SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 6-10-94 Amendment to Zoning Regs to Allow Light Fabrication in B-2 SUMMARY OF SUBJECT: This matter was tabled at the May 24, 1994 Council meeting pending receipt of an opinion concerning possible effects of the change. The opinion in included with the agenda materials. The Council needs to consider whether to amend the zoning regulations to allow Light Fabrication and Assembly in B-2 classifications as -ecommended by P&Z or deny the requested change. If Council determines that the amendment should be made it needs to adopt the proposed ordinance amending the text of the zoning ordinance. If it determines that ;he proposed changed should not be made it needs to deny the change by a simple majority vote. ALTERNATIVES: :1) Grant the proposed change to the Zoning Ordinance by making light fabrication and assembly an allowable use in the B-2 Business zoning classification by adoption of an ordinance to that effect. :2) Decline the proposed amendment by taking a vote to deny. (3) Take other such action as Council deems appropriate. ACTION REQUESTED: Staff recommendation is to pass ordinance amending the zoning ordinance by addition of "Light Fabrication and Assembly" as one of the allowable uses in B-2 Business zoning classification. MEMORANDUM TO : C i t y Counc i 7 %1IP FROM: Steve Deiter SUBJECT : Effect of Propos - d Amendment to B-2 Zoning Distric DATE : June 9 , 1994 : ********* ******************************* ************************************** At its last Council meeting the Council tabled action on the proposed amendment to the zoning ordinance which would allow Light Fabrication and Assembly uses in the B-2 classification. The proposed changed had been considered by P& Z who recommended to the Council that the change be made. The reason for tabling the action was Councilman Wright's concern that as to whether the proposed language: "Light fabrication and assembly process facilities for the manufacture,fabrication, processing, or assembly of products;provided that such facilities are completely enclosed within a structure not exceeding 8,000 square feet, and provided that no effects from noise, smoke, glare, vibration,fumes or other environmental factors are measurable at the property line. " was strong enough and specific enough to insure that the increased usage of light fabrication and assembly did not serve to allow for increase in negative environmental factors. I was instructed to provide the Council with an opinion on the issue. In dealing with the issue and reaching a conclusion I have taken into consideration the premise that zoning regulations are not the primary means by which environmental concerns are addressed by local governments. The more traditional purpose of zoning regulations, as is stated in §2.1 of Wylie's zoning ordinance, is: " .for the purpose of promoting the health, safety, morals and general welfare of the City. They (the regulations) have been designed to lessen the congestion in the streets;to secure safety from fire,panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. " In other words environmental concerns are a secondary effect of zoning regulations, but not usually directly provided for and regulated in by zoning regulations. Rather environmental concerns are typically established in other regulations such as the Texas Air Quality Board and the local pre-treatment ordinance. I would further preface my remarks with the general statement that it is virtually impossible for any regulation to prevent all negative environmental hazards(sight, sound, smoke, odor, etc) all of the time. However, I am satisfied that the above stated text is adequate for the reasons that follow. The term "light fabrication and assembly facilities" is already defined in §33.46 of the Zoning Ordinance as follows: "Including but not limited to the manufacture of jewelry, trimming decoration, signs and any similar item not involving the generation of noise. odor, vibration, dust or hazard." Therefore light fabrication and assembly by definition cannot involve noise, odor, vibration, dust or hazard. This is a very restrictive definition and places very significant limitations on the use. When this general definition is further coupled with the restrictions of the suggested language, that is: i) enclosed within a structure ii) limiting the structure to 8,000 square ft. iii) limiting the use to those situations where no effects from noise, smoke, glare, vibration, fumes or other environmental factors are measurable at the property line the restrictions cover what amounts to the long (effect at the property line) and the short (effect at the plant site) of potential problems. My recollection is that part of Councilman Wright's concern was regarding the fact that there could be potential undesirable and potentially dangerous factors present which would not be visible or detectable from the property line. If the language used in the proposed amendment, as quoted above, had to stand alone this could very well be a problem. However, as noted above, the existing definition for light fabrication and assembly covers all of those factors regardless of whether such factors are detectable at the property line or not. The matter is back on the Agenda for the Council to take action with regard to approval or rejecting the proposed amendment. If the Council desires to approve it would do so by passage of the attached ordinance. If it desires to deny it a motion to deny passed by a simple majority is sufficient. I have also attached the materials on this subject which were in the Council packet for the May 24, 1994 meeting. Should any of you desire further follow up on my part please let me know. I understand that Russell Wyman will be present at the meeting to provide further information to the council. cc: Steve Norwood Russell Wyman ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE, AS CODIFIED IN SECTION 1 OF CHAPTER 12, BY AMENDING SECTION 19.01 SO AS TO ADD LIGHT FABRICATION AND ASSEMBLY PROCESS FACILITIES AS A PERMITTED USE IN "B-2" BUSINESS DISTRICTS; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the City Council has the authority to amend the City's Zoning Ordinance, under section 34.2 thereof; and, WHEREAS, the Planning and Zoning Commission, after first giving all requisite notices and having all requisite hearings, has made recommendations concerning enactment of the hereinafter specified amendments to the Zoning Ordinance; and, WHEREAS, the City Council has held a public hearing with respect to all of the proposed changes, after first giving all requisite notice thereof; and, WHEREAS, the City Council has determined that the proposed changes are in keeping with the stated policy of the City's Zoning Regulations and are otherwise in the best interest of the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 19.01 ("Use Regulations for "B-2" Business District Regulations"),of the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1, Chapter 12 of the Wylie City Code be, and the same hereby is, amended as follows, by addition of the following as one of the permitted uses therein enumerated: "Light fabrication and assembly process facilities for the manufacture, fabrication, processing, or assembly of products; provided that such facilities are completely enclosed within a structure not exceeding 8,000 square feet, and provided that no effects from noise, smoke, glare, vibration, fumes or other environmental factors are measurable at the property line." SECTION II Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. 2 SECTION II That upon filing of the articles of incorporation and issuance of a certificate of incorporation therefore by the Secretary of State the said corporation be, and it hereby is, specifically authorized to act on behalf of the Wylie City Council to further the following public purposes as stated in Article Four of the Articles of Incorporation. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 14th day of June, 1994. James D. Swartz Mayor Attest: Mary Nichols City Secretary MEMORANDUM TO : City Council FROM: Steve Deiter SUBJECT : Amendment To Zoning Ordinance - Adding Light Fabrication and Assembly to B-2 Business DATE : May 18 , 1994 ************************************************ ***Q, all ************* The Council has authority to amend the text of the zoning ordinance, as it deems, appropriate, if certain procedures are followed. The procedures generally consist of public hearing and consideration at the P& Z level, followed by a public hearing and determination at the Council level. P& Z conducted its public hearing on May 16, 1994 and is recommending the proposed change to the Council for passage. I do not know the stimulus for making the change, other than the general result of increasing the allowed uses in the B-2 category. However it is my understanding that Russell Wyman, who is more familiar with the matter, will be present to answer questions and further advise the Council at the time of the meeting. I have attached a copy of the presently allowable and specific uses in the B-2 classification. In the general scheme of things with agricultural and residential being the least intensive use and industrial being the most intensive use, B-2 is next to industrial, so it is a fairly heavy use. The change would be effected by adoption of the proposed ordinance, a copy of which is attached for your review. If the Council determines to not make the amendment a simply vote to deny is all that is necessary. The code provision dealing with changes to the text of the zoning ordinance is set out in Section 35 of the Zoning Ordinance, a copy of which is provided for your review. cc: Steve Norwood Russell Wyman towers, roof gables, chimneys, vent stacks or § 18.4 Parking Requirements: Off street mechanical equipment rooms may project not to parking requirements shall be provided in exceed twelve feet(12)beyond maximum building accordance with Section 24. height. § 18.3 Area Regulations: SECTION 19 "B-2" — BUSINESS DISTRICT (1) Size of Yard: REGULATIONS (a) Front Yard: Minimum required setback, twenty feet (20'). Accessory General Purpose and Description: The "B-2" uses must be set back a minimum of business district is intended to provide a zoning sixty feet(60'). category similar to the"B-I"district with additional (b) Side Yard: (Adjacent to a street or uses permitted which are not generally carried on completely within a building or structure and an different use property line): Minimum expanded range of service and repair uses. required,ten feet(10). (c) Rear Yard: A dedicated alleyor § 19.1 Use Regulations: A building or premise shall be used only for the following purposes: private drive shall be required behind each lot or tract and the minimum rear yard (1) Uses permitted in the "B-I" business setback shall be twenty feet(20) for any district and"R"retail district. building or structure. When adjacent to or abuts a residential use a masonry or (2) Public or private utility shop and maint. wood wall of a minimum height of six feet (6') shall be constructed adjacent to (3) Public & private amusements (see the rear property line to provide a barrier exceptions). between the adjoining use. (d) Special Side or Rear Yard (4) Animal clinic or hospital with outside runs. Requirement: When a non-residential zoned lot or tract abuts upon a zoning (5) Plant nursery or greenhouse. district boundary line dividing the lot or tract from a residentially zoned lot or (6) Kennels with outside run. tract, a minimum side yard of ten feet (10') shall be provided on the non- (7) Tool and trailer rental,outside storage. residential property. A masonry or wood wall having a minimum height of six (8) Automobile or motorcycle sales, new or feet (6') above the average grade of the used residential property shall be constructed on the non-residential property adjacent (9) Automobile repair garage. to the common side (or rear) property line. (10) Automobile painting or body shop. (2) Size of Lot: (11) Automobile storage or sales lot. (a) Lot Area: None (12) Mobile home sales. (b) Lot Width: None (13) Truck parking lot or garage. (c) Lot Depth: None (14) Swimming pool,commercial outside. (3) Lot Coverage: In no case shall more (15) Bus terminal. than fifty percent(50%)of the lot area be (16) Dry cleaning plant or laundry. covered by buildings. (17) Engine or motor repair. Page 19 Supp. No. 1 (18) Machinery sales. (c) Rear Yard: A dedicated alley or (19) Machine or weldingrepair shop. private drive shall be required behind each P P lot or tract and the minimum rear yard setback shall be twenty feet(20)for any (20) Vehicle rental business. building or structure. When adjacent to (21) Lumber yard or abutting a residential use, a masonry or wood wall of a minimum height of six feet(6')shall be constructed adjacent (22) Maintenance or contractor yard. to the rear property line to provide a barrier between the adjoining use. (23) Tennis courts,commercial. (d) Special Side or Rear Yard (24) Plumbing, heating & air conditioning Requirement: When a non-residential shops. zoned lot or tract abuts upon a zoning district boundary line dividing the lot or (25) Mini or convenience warehouse. tract from a residentially zoned lot or (26) Bowling alleys. tract, a minimum side yard of ten feet (10') shall be provided for on the non- residential property. A masonry or wood The following specific uses when granted in wall having a minimum height of six accordance with Section 23: feet (6') above the average grade of the residential property adjacent to the (1) Airport,heliport or landing field. common side(or rear)property line. (2) Cemetery or mausoleum. (2) Size of Lot: (3) Commercial amusement, indoor or (a) Lot Area: None outdoor. (4) Golf course,private or public. (b) Lot Width: None (5) Private club, serving alcoholic (c) Lot Depth: None beverages. (3) Lot Coverage: In no case shall more (6) Rodeo or other sports arena. than fifty percent(50%)of the lot area be covered by buildings. (7) Theater,drive-in. § 19.4 Parking Requirements: Off street (8) Animal pound,public or private. parking requirements shall be provided in accordance with Section 24. § 19.2 Height Regulations: One hundred feet (100')or height permitted under floor area ratio(see SECTION 20 floor area ratio). "I" — INDUSTRIAL DISTRICT § 19.3 Area Regulations: (1) Size of Yard: General Purpose and Description: The industrial district is intended to provide for commercial and (a) Front Yard: Minimum required set- manufacturing uses. back twenty feet (20'). Accessory uses must be set back a minimum of sixty § 20.1 Use Regulations: The following uses feet(60'). are permitted in the district, provided that such manufacturing or industrial operation shall not (b) Side Yard (adjacent to a street or disseminate dust, fumes, gas, noxious odor, property line): Minimum required, ten smoke, glare, or other atmospheric influence feet(10). beyond the boundaries of the property. In addition, such use shall produce no noise exceeding in intensity at the boundary of the property, the Page 20 Supp. No. 1 such building. Said certificate shall be issued SECTION 35 within ten (10) days after a written request for the CHANGES AND AMENDMENTS TO same has been made to said building inspector or ALL ZONING ORDINANCES AND his or her agent after the erection or alteration of DISTRICTS AND ADMINISTRATIVE such building or part thereof has been completed in PROCEDURES conformity with the provisions of this ordinance. § 34.3 Procedure for Vacant Land or a Change § 35.1 Declaration of Policy: The city declares in Use: Written application for a certificate of the enactment of these regulations governing the occupancy for the use of vacant land, or for a use and development of land, buildings, and change in the use of land or a building, or for a structures as a measure necessary to the orderly change in a non-conforming use, as herein development of the community. Therefore, no provided,shall be made to said building inspector. change shall be made in these regulations or in the If the proposed use is in conformity with the boundaries of the zoning districts except: provisions of this ordinance, the certificate of occupancy therefore shall be issued within ten(10) (1) To correct any error in the regulations or days after the application for same has been made. map. § 34.4 Contents: Every certificate of (2) To recognize changed or changing occupancy shall state that the building or the conditions or circumstances in a proposed use of a building or land complies with particular locality. all provisions of the building and fire laws and ordinances. A record of all certificates of (3) To recognize changes in technology, the occupancy shall be kept on file in the office of the style of living, or manner of doing building inspector or his or her agent and copies business. shall be furnished on request to any person having proprietary or tenancy interest in the building or § 35.2 Authority to Amend Ordinance: The land affected city council may from time to time,after receiving § 34.5 Temporary Certificate: Pendingthe a final report thereon by the planning and zoning D commission and after public hearings required by issuance of a regular certificate, a temporary law,amend,supplement,or change the regulations certificate of occupancy may be issued by the herein provided or the boundaries of the zoning building inspector for a period not exceeding six districts. Any amendment, supplement,or change (6)months,during the completion of alterations or to the text of the zoning ordinance may be ordered during partial occupancy of a building pending its for consideration by the city council, be initiated completion. Such temporary certificates shall not by the planning and zoning commission, or be be construed as in any way altering the respective requested by the owner of real property or the rights, duties, or obligations of the owners or of authorized representative of an owner of real the city relating to the use or occupancy of the property. premises or any other matter covered by this ordinance. § 35.3 Public Hearing and Notice: Prior to § 34.6 Certificates for Non-conformingUses: making its report to the city council, the planning and zoning commission shall hold at least one A certificate of occupancy shall be required for all public hearing on each application. Written notice lawful non-conforming uses of land or buildings of all public hearings on proposed changes in created by adoption of this ordinance. Application district boundaries shall be sent to all owners of for such certificate of occupancy for a non- property, or to the person rendering the same for conforming use shall be filed with the building city taxes, located within the area of application inspector by the owner or lessee of the building or and within two hundred feet(200')of any property land occupied by such non-conforming use within affected thereby,within not less than ten(10)days one(1)year of the effective date of this ordinance. before such hearing is held. Such notice may be It shall be the duty of the building inspector to served by using the last known address as listed on issue a certificate of occupancy for a lawful non- the city tax roll and depositing the notice,postage conforming use, but failure to apply for such paid,in the United States mail. Notice of hearings certificate of occupancy for a non-conforming use on proposed changes in the text of the zoning shall be evidence that said non-conforming use was ordinance shall be accomplished by one publication either illegal or did not lawfully exist at the not less than fifteen (15) days prior thereto in the effective date of this ordinance. official newspaper of the city. Notices for the Page 51 Supp. No. 1 public hearing before the city council will also be commission shall be forwarded to the published at the same time notice of the planning council for setting and holding of public and zoning commission meeting is published. hearing thereon. No change, however, shall become effective until after the § 35.4 Commission Consideration and Report: adoption of an ordinance for same and its The planning and zoning commission, after the publication as required by law. public hearing is closed,shall prepare its report and recommendations on the proposed change stating (2) Proposal Recommended for Denial: its findings,its evaluation Of the request and of the When the planning and zoning relationship of the request to the comprehensive commission determines that a proposal plan. The planning and zoning commission may should be denied, it shall so report and defer its report for not more than ninety (90)days recommend to the council and notify the until it has had opportunity to consider other applicant. When a proposed zoning proposed changes which may have a direct bearing request is heard by the city council that thereon. In making its determination,the planning has been denied by the planning and and zoning commission shall consider the zoning commission,a three-fourths(3/4) following factors: majority vote by the city council shall be required for approval. A request (1) Whether the uses permitted by the which has been denied by the planning proposed change will be appropriate in and zoning commission and/or city the immediate area concerned and their council may be resubmitted at any time relationship to the general area and the for reconsideration by the city (a new city as a whole. filing fee must accompany the request). The planning and zoning commission (2) Whether the proposed change is in accord and/or city council may deny any request with any existing or proposed plans for with prejudice. If a request has been providing public schools, streets, water denied with prejudice the request may not supply, sanitary sewers and other be resubmitted to the city for one (1) utilities to the area and shall note the year from the original date of denial. findings. (3) Council Hearing and Notice: Notice of (3) The amount of vacant land currently city council hearing shall be given by classified for similar development in the publication at the same time notice is vicinity and elsewhere in the city, and given for the planning and zoning any special circumstances which may commission public hearing in the make a substantial part of such vacant official newspaper of the city, stating the land unavailable for development. time and place of such hearing, which shall be at least fifteen(15)days after the (4) The recent rate at which land is being date of publication. developed in the same zoning classification as the request,particularly (4) Three-Fourths Vote: A favorable vote of in the vicinity of the proposed change. three-fourths(3/4)of all members of the city council shall be required to approve (5) How other areas designated for similar any change in zoning when written development will be, or are unlikely to objections are received which comply be,affected if the proposed amendment is with the provisions of the state laws approved,and whether such designation commonly referred to as the "twenty for other areas should be modified also. percent(20%) rule." If a protest against such proposed amendment, supplement (6) Any other factors which will or change has been filed with the city substantially affect the health, safety, secretary,duly signed and acknowledged morals or general welfare. by the owners of twenty percent (20%) or more, either of the area of the lots § 35.5 Council Consideration: included in such a proposed change or those immediately adjacent to the area (1) Proposal Recommended for Approval: thereof extending two hundred feet(200') Every proposal which is recommended therefrom or of those directly opposite favorable by the planning and zoning thereto extending two hundred feet(200') Page 52 Supp. No. 1 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: FINANCE DEPARTMENT DIRECTOR: BRADY SNELLGROVE DATE REFERENCE NO. SUBJECT PROPOSED BANK DEPOSITORY CONTRACT WITHAMERICAN NATIONAL BANK 06/09/94 FOR THE PERIOD OF JULY 1994 THROUGH JULY 1996. SUMMARY OF SUBJECT: The staff is recommending that American National Bank be awarded the City's bank depository contract for a two(2)year period with two, one-year extention options, beginning with the earliest date the agreement is implemented. American National Bank was the only bank to submitted a bid to the City and the bid meets our bank depository specifications. ALTERNATIVES: 1. Accept the Staff's recommendation. 2. Reject the current bid and advertise for new bids outside the corporate boundaries of the City of Wylie. ACTION REQUESTED: Authorize the City Manager to sign a contract with American National Bank for a two year period. '74Ie CITY OF VVYLIE 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-8100• FAX 442-4302 MEMORANDUM DATE: June 9, 1994 TO: Steve Norwood, City Manager FROM: Brady Snellgrove, Finance Director SUBJECT: Consideration of Banking Services Depository Agreement with American National Bank On May 4, 1994 Requests for Proposal(RFP) were sent to the two banks within the corporate limits of the City of Wylie requesting bids from those banks wishing to become the City's depository bank for a two year period. American National Bank was the only bank to respond to the RFP. Attached to this memo are two documents. The first is an analysis of bank service fees and interest earnings on demand deposits. Second is a copy of the bid received from American National Bank. The criteria for evaluation of the bids is listed on page three of the RFP. The criteria for evaluation includes; ability to provide collateral, financial stability of the bank, provide the requested services, agreement to points outlined in the RFP, cost of services, interest rates paid on accounts, safekeeping services, and quality of reports. We feel that the bid submitted from American National Bank meets all of the above criteria for evaluation and this bid is recommended to the City Council for approval. CITY OF WYLIE ANALYSIS OF BANK SERVICE FEES AND INTEREST EARNINGS June 1994 AMERICAN NATIONAL BANK OF WYLIE Proposed Contract Monthly Per Bank Service Fees Volume Unit Contract 1) Account Maintenance: 4 7.50 $30.00 2) Extra statements 2/yr n/c 0.00 3) Daily Balance Reporting 23 n/c 0.00 4) Deposit Tickets 100 0.45 45.00 5) Items deposited, Avg 3,250 0.08 260.00 6) Items Paid 650 0.15 97 .50 7) Wire Services: In & Outgoing 4 10.00 40.00 8) Stop Payment Requests 1 17.50 17 .50 9) Coin Wrappers n/c 0.00 10) Deposit Slips Printed 125 n/c 0.00 11) Night Depository Bags 15/yr n/c 0.00 12) Cancelled Checks in Order 650 $30 per 1,000 30.00 13) Safe Deposit Box 1 n/c 0.00 14) Cashier Checks 5/yr n/c 0.00 15) Research Hours 12/yr n/c 0.00 16) Return Items (NSF) 5 2.50 12.50 Total Monthly expense $532 .50 Super Now Checking Average Ledger Balance $500,000 Estimated Collected Balance (90%) 450,000 Less Legal Reserve of 10% (45,000) Adjusted Balance $405,000 Monthly Interst Paid on Adjusted Balance $878 (2.60% annually) REQUEST FOR PROPOSAL *Ilk I"21:, 1 ._,-,, ,.,,.„,„,„,,..,„„,",,,,,,,,,,I, 1 ,,,,,,,,,, ,,,„„,. „,„„,„,,„ „,„,„,, I F :; :„:„.1 „,,, ,,L4 i,:i*:.*:,i,ii:1,ii,i,ip,,i,i,„:...t...:.,..---- I . ;,,zisi':.:11' .Hil!!!!1,.., M CITY OF WYLIE BANK DEPOSITORY CONTRACT May, 1994 TABLE OF CONTENTS I. INTRODUCTION 2 II. CALENDAR OF EVENTS 3 III. CRITERIA FOR EVALUATION 3 IV. ACCOUNT ACTIVITIES AND BANK CHARGES 4 A. Accounts 4 B. Required Services 5 C. Bank Statements 7 D. Payments for Services 7 E. Daily Reporting 8 F. Funds Availability 8 G. Interest on Money Market Checking Accounts 8 H. Pledge Requirements 8 J. Account Reconcilement Service 9 K. Automatic Payroll Deposit 9 L. Error Corrections 9 1 V.COLLATERAL REQUIREMENTS 9 A. Securities Pledged 9 B. Reporting Requirements 10 C. Safekeeping 10 D. Substitutions 10 E. Maximum Amount Offered 11 F. FIRREA of 1989 11 VI. INVESTMENTS 12 VII. SECURITIES CLEARANCE AND SAFEKEEPING OF CITY INVESTMENTS 12 VIII. OVERDRAFTS 13 IX. OTHER STIPULATIONS 13 A. Notices 13 B. Right to Cancel Contract 13 C. Wire Transfers 13 D. Audit 14 E. Open Record 14 F. Selection of Depositories 14 G. Financial Reports 15 H. Merger 15 I. Applicable Laws 15 J. Term on the Contract 15 X. BIDDING INSTRUCTIONS/REQUIREMENTS 16 XI. OTHER MISCELLANEOUS 16 A. Periodic Review B. RFP and Resulting Contract C. Bid Advertisement D. Designated Officials XII. SUBMISSION CHECKLIST 17 1 INTRODUCTION The City of Wylie is seeking applications from eligible institutions to be the Banking Services Depository. This includes the basic services of receiving deposits, paying items, wiring funds out, receiving funds wired in, stop payments, and other normal business banking activities. This agreement will not cover any investment transaction activities other than safekeeping services to include receiving and delivering securities, coupon collections, and maturity collections. The City plans to manage its own investment portfolio per its investment policy. The philosophy incorporated into this Request for Proposal (RFP) is to solicit comparable market charges for services provided and to pay for all services provided by the bank. The City also places a great deal of importance on the interest paid on daily deposits above any minimum requirements. The contract period will be two(2)years with two, one-year extension options, beginning with the earliest date the agreement is implemented, and thereafter until the successor depository shall have been duly selected and qualified according to State laws. At the outset, the City wishes to communicate the primary objectives of the depository agreement, an important component of the overall treasury program of the City of Wylie: A. To seek a bank that is both capable of providing banking services and willing to be attentive to the City's money matters; B. To maximize the total dollars earned by the City on account balances in order to be prudent and effective custodians of the taxpayers financial resources; C. To maintain a good working relationship with the Depository Bank; and D. To adequately compensate the Depository Bank for services provided and to allow a reasonable profit to be earned, subject to competitive forces in the market place. This Request for Proposal is intended to serve as the bid form for the Depository agreement. There are several blanks to fill in and questions to answer. Please provide such information on the RFP, or indicate on which attachment it may be found. Please clearly restate the question when supplying answers on any supplemental pages. All points outlined and materials requested should be incorporated into the bidder's reply to be considered for evaluation. The depository review process will be coordinated by Brady Snellgrove, Finance Director. The City desires to enter into a contract that will maximize the City's interests, yet will be viewed as a good agreement on behalf of the bank. Mr. Snellgrove, Finance Director will be available to answer any questions pertaining to this RFP. His phone number is (214) 442-8141. Page 2 - Bank RFP II. CALENDAR OF EVENTS Target Date Description of Events May 4 & May 11, 1994 Advertise bank depository notice in the newspaper and distribute Requests for Proposals. May 12, 1994 Optional pre-bid conference for bidders to review RFP contents at 10:00 a.m., at the Wylie Municipal Building, 2000 Highway 78. May 27, 1994 Receive proposals from interested banks. Bids to be opened at 2:00 p.m. at the Wylie Municipal Building, 2000 Highway 78 June 14, 1994 Review recommendation with City Council and award contract. July 15, 1994 (Estimate) New Bank Depository contract period begins. III. CRITERIA FOR EVALUATION The City will review the submitted proposals carefully. The recommendations will be based on the bid determined to be best on behalf of the City and the taxpayers. As an indication of what will be considered in the evaluation of the proposals, the following areas are listed: A. Ability to provide sufficient collateral for deposits. B. Financial stability of the bank as defined in Section IX F., "Other Stipulations". C. Ability to perform the requested services. D. Agreement to points outlined in this RFP E. Cost of banking services F. Rates paid on interest bearing accounts. G. Acceptable safekeeping services. H. Quality of all reports. Page 3 - Bank RFP The City reserves the right to reject any or all proposals and waive any non-material irregularities or information in the proposal. IV. ACCOUNT ACTIVITIES AND BANK CHARGES A. Accounts The City intends to establish the following bank accounts. In order to expedite the process of printing checks and deposit slips, the City requests advance assignment of account numbers. Please fill in all blanks contained in the following paragraphs: Assigned Account Name :type Account No. Operating Super Now Checking 400500005 Payroll Super Now Checking 400500054 Animal Super Now Savings 400500104 Shelter/ Library 1993 TX. Checking - no interest 400500153 Com. Dev. Program Disaster Relief Fund Additionally, the City reserves the right to open or close other accounts as necesvry to the municipal operation. Super Now Money Market Checking accounts are those accounts which will pay an interest rate on account balances above -0- with a maximum of unlimited transactions. Super Now Money Market Savings accounts are those accounts which will pay an interest rate on account balances above -0- with a maximum of 6 transactions. The Operating Account will constitute almost all of the City's banking business with the City's courier making daily deposits Monday through Friday to this account. Intrabank transfers to reimburse money to other City accounts and most wire transactions will occur in this account. This account will be used to clear all operational checks (other than Payroll) for the City. Most securities clearance and safekeeping activity of investments will be debited or credited against this account. A detailed bank statement will be required and all checks returned to the Page 4 - Bank RFP City in numeric order. The Payroll Account will be set up to clear only personnel related checks for the City. One check stock will be clearing through the account. The City will require a detailed bank statement and all checks returned to the City in numerical order. The City may require Direct Deposit Service from the Bank. B. Required Services Volume. The volume estimates listed in this section are based on activity in all bank accounts. The services requested to be made available to the City include, but are not limited to, the following: Fee Charged Estimated Description Per Unit Volume of Service * 2 Super Now Checking * 1 Non-Interest Bearing Checking * 1 Super Now Savings No Charge 4 Bank Statement No Charge 4/month First original bank statement per account. No Charge 2/year Extra statements * 100/month Credit posting * 650/month Debit posting No Charge 20/month Return Items Reclear No Charge 10/month Return Items Reclear Total 100/year Wire Services * 50/year a) Incoming Sub-total 50/year b) Outgoing (Excludes Activities in Safekeeping Account) *Subject to Account Analysis. . .See Attached Fee Schedule Page 5 - Bank RFP N/A 50/year 1) Repetitive by computer * 15/year 2) Repetitive by phone N/A 15/year 3) In-bank Repetitive by computer No Charge 15/year 4) In-bank Repetitive by phone No Charge 15/year 5) ACH transfers 17.50 12/year Stop Payment Requests a) By phone N/A b) Automated Request by terminal No Charge 1500/year Deposit slips printed No Charge Yes Coin wrappers furnished No Charge 15 Night Depository Bags No Charge 1 Box Safe Deposit Box (10x 10) No Charge 5/year Cashier's Checks No Charge 12/year Research Hours No Charge $500,000 Cost of collateral pledged by bank Average for (Quote in $100,000 increments) 4 Accounts N/A 4 Accounts PC On-line Balance Reporting A) Maintenance b) Account Charge c) Transaction Detail * 4 Accounts FDIC Insurance cost ** Bi-weekly Fees for Direct Deposit Employees, Total Payroll = $75,000 10.00 a) Maintenance Charge 40 nn b) ACH Settlement c) Other Charges (Describe) *Subject to Account Analysis. . .See Attached Fee Schedule Page 6 - Bank RFP **ACH origination offered through Correspondent Bank Account using their fee schedule * 1 Account Securities clearing and safekeeping a) Maintenance Charge b) Short-term or long-term investment receipt fees c) SK valuation per $1,000 List other applicable bank charges. These are estimates that represent projected volumes for the next year. Except as noted above, checks will be purchased separately by the City of Wylie. The checks will be printed by a major printing company. C. Bank Statements For reconciliation of the City Bank accounts the following will be required: 1. Bank statements on all accounts shall be rendered within five (5) working days after the close of the calendar month. The statements must include all activity occurring on the last day of the month. The accompanying checks shall be arranged in numeric order for the Operating and Payroll accounts. All account statements should include debit/credit advices. For the operating and Payroll accounts, the City requires a bank staemnt reflecting all items paid in serial number order and all deposits in date order. D. Payments for Services The City intends for the bank to be compensated on a direct fee basis for all account services provided by the bank, as set forth in section IV-B. The bank shall debit the appropriate accounts on a monthly basis. If the bank uses a method other than the one described above, please provide an explanation. Bank will provide Account Analysis for all accounts . Accounts with excess earnings will be applied to accounts which would incur service charge. Service charge will be incurred only if deficient balance exists after netting all accounts earnings and charges. The City shall require account analysis each month no later than fifteen (15) business days after the end of each calendar month which shall clearly show volume counts, fees charged, and total prices for servicing the account. The account analysis shall also show average ledger balances, average uncollected funds, average collected balances, interest rates and the amount of interest paid or credited to the account. Please attach a sample Account Analysis Statement. *Safekeeping at NationsBank, Dallas. See attached Fee Schedule. Page 7 - Bank RFP Fees charged to the City directly from the bank are not subject to change for the length of this contract. Safekeeping fees for the City's investment securities shall also be set up on account analysis and paid monthly. The City requires that all charges for securities clearance and safekeeping, including fees passed on from the Federal Reserve Bank, be on account analysis and not be deducted from each security settlement. E. Daily Reporting The City requires a PC on-line balance reporting system that will provide the daily **N/A** ending ledger and collected balances from the prior day for all accounts, a detail of the prior day's debits and credits, and current day ACH report. F. Funds Availability The City shall receive same-day ledger credit for all funds deposited by 3:00 p.m. and receive collected credit on the same day as the Bank receives collected credit. Please attach a proposed availability schedule. The funds shall be investable for any investment transactions that can be executed. If not invested, the funds shall earn interest at whatever rate is being paid for Super Now accounts. G. Interest on Money Market Checking Accounts Please provide a detailed explanation of the bank's policy and methodology used in the setting of rates paid on money market checking and savings accounts. Specify whether there is a separate rate quoted on public funds versus the rate quoted for corporations and individuals, and if so, why. Also, provide a schedule of all rates paid on money market checking accounts since January 1, 1992. Specifically indicate if the rates are applied to the ledger balances or collected balances, and whether it is computed daily or monthly. Indicate when the rates change, and if they are based on a market rate such as the T-Bill discount or bond equivalent yield rate. List minimum ledger and collected balances required to earn interest. Does the bank offer a fixed rate of interest if the City agrees to maintain a specified collected balance? Specify the minimum interest rate which will be paid to the City. Surveys covering both the 25 largest institutions in the North Texas area and competition in the local market territory are analyzed each week. Rates on Public Funds are the same as those paid to corporations and individuals. Interest is compounded daily based on collected balances. Interest rates may change as often as weekly and are based on an analysis of the abovedescribed surveys. No minimum balance is -required Lo earn H. � gesequl1e trot offer a fixed interest rate nor a minimum rate. See Exhibit A for historical rates. The average combined ledger balances of the accounts are estimated to be $500.000 and the maximum ledger balances are estimated to be $1,000.000. Amounts above Page 8 - Bank RFP $1,000,000 shall be invested under the direction of the City. J. Account Reconcilement Service Please describe the Account Reconcilement service offered by the bank and attach a sample reconcilement statement. N/A K. Automatic Payroll Deposit (Direct Deposit) Please describe the bank's procedure for this service and list appropriate cut-off times that would apply. State whether the bank would offer any type of special checking, money market, or loan account for City employees. City employees would be offered checking with Yz of regular service charge (currently $4.50) plus first 200 checks free. We do not offer ACH origination. However, we would offer ACH settlement through our Correspondent Bank if needed. L. Error Corrections The City intends to deposit all funds directly to the depository bank by courier. The City will deposit checks in batches with a tape run for each batch. If item processing discovers an error in the deposit, then the City requires a credit or debit advice to be mailed to the City immediately after the account has been adjusted with appropriate documentation attached to justify the correction. Appropriate documentation is considered to be a copy of the City's tape with the item in question marked and a copy of the check in question. V. COLLATERAL REQUIREMENTS A. Securities Pledged As security for the deposits of the City of Wylie, the bank shall pledge to the City securities equal to the largest total ledger balances the City of Wylie maintains in the bank, less the amount of coverage provided by the Federal Deposit Insurance Corporation (F.D.I.C.). The average level of collateral required is $500,000. During prime tax collection periods for the City, which occur in the latter part of December, January, and early February, the ledger balance may reach a maximum of$1,000,000. Additionally, at times, the City may maintain over $1,500,000 in its account in anticipation of debt service payments which must be made by 10:00 a.m. on the due date. The securities comprising the pledge shall be valued at market. The Page 9 - Bank RFP securities so pledged, the amounts thereon and the time for pledging same shall satisfy the requirements of Chapter 2257. Collateral For Public Funds, Government Code Title 10., and any subsequent statutes passed under Texas law. Securities purchased by the depository bank under the terms of a Repurchase Agreement are not acceptable as collateral to the City of Wylie. B. Reporting Requirements The bank shall provide the City a report of securities pledged at the end of each month or at any time requested by the Finance Director or a designated representative. This report should reflect the following information at the end of each month: Total pledged securities itemized by: 1. Name 2. Type/description/CUSIP number 3. Par value 4. Market value at month end 5. Maturity date 6. Moody's or Standard and Poor's rating If the market value of the pledged securities falls below the ledger balances of the City's four accounts at any time, the City will require additional securities to be pledged to maintain 100% collateral. C. Safekeeping The securities pledged shall be held in safekeeping under the name of the Depository Bank and pledged to the City of Wylie. Safekeeping must be done at the Federal Reserve Bank or with a third party custodial bank. The City will require a signed three-party agreement for safekeeping. The original copy of all security receipts shall be filed with the Finance Director of the City of Wylie. The City shall reimburse the Depository Bank for all charges associated with pledged collateral at the fee rate bid in Section IV-B of this RFP. Please submit a copy of the safekeeping agreement with the Federal Reserve Bank to be used in the event you are awarded the Depository Bank contract. The Page 10 - Bank RFP safekeeping agreement shall clearly state that the Federal Reserve Bank is instructed to release the collateral to the City of Wylie if the City has determined that the bank has failed to pay on any accounts, has been closed by a regulatory authority, or is in default of this agreement, and if the instructions for release have been formally requested by the City Council by ordinance or resolution. The safekeeping agreement shall have signatories from the Federal Reserve Bank, as Trustee, the Depository Bank, and the City of Wylie. D. Substitutions Any substitutions of the securities or reductions in the total amount pledged shall be made only by and with the proper written authorization approved by the Finance Director or a designated representative. All securities to be pledged are subject to approval by the City of Wylie. Any state or local government securities (municipals) pledged to the City shall have a rating of "Al" or better by Moody's Investor Services. E. Maximum Amount Offered Please state the maximum amount of pledged securities which the bank is willing or able to commit for collateralized Super Now accounts throughout the contract period. $20,000,000 (not less than $2,500,000). F. FIRREA of 1989 The Financial Institution Reform, Recovery and Enforcement Act (FIRREA) of 1989 sets forth certain requirements to validate a collateral agreement (that is, to perfect the City's security interest in the collateral supporting theCity's deposits). Specifically, FIRREA says: *The agreement must be in writing, *The agreement has to be executed by the depository institution and the depositing entity making the claim contemporaneously with the acquisition of the asset. *The agreement must be approved by the Board of Directors or the loan committee of the institution. *The agreement has been an official record of the institution continuously since its execution. The City of Wylie will require a written collateral agreement and that the bank will provide certified resolutions of its loan committee that the bank has approved the collateral agreement with the City. Page 11 - Bank RFP VI. INVESTMENTS The City of Wylie intends to manage its own investment portfolio, therefore, the City reserves the right to withdraw, from time to time, any amount of funds of the City that are deposited in any City account and to invest those funds in accordance with the City's investment policy. VII. SECURITIES CLEARANCE AND SAFEKEEPING OF CITY INVESTMENTS Investment securities purchased by the City will be delivered by either book entry at the Federal Reserve or physical delivery to the depository bank's correspondent New York bank as outlined below. A. The purchase and sale of all securities shall be on a delivery versus payment or payment versus delivery basis (i.e., for securities purchases, monies will not be released by the City's safekeeping bank until securities are received at the Federal Reserve Bank or further credit to the City's safekeeping bank. In the case of securities sales, monies will be received by the City's safekeeping bank via the Federal Reserve Bank as the securities are simultaneously released to the purchaser). In this manner, the City will always have possessions of either its securities or its monies. B. All physical delivery securities(those transferred by physical delivery) shall be held by the depository's correspondent bank in New York "City. The City's depository bank shall issue a safekeeping receipt to the City evidencing that the securities are held by the depository's correspondent bank for the City. C. The City will send written instructions to the securities clearance department for each transaction. Most of these instructions will be sent by facsimile to assure the timeliness of the operation. The City expects the bank to give prompt notification of any settlement problems, including securities delivered where the instructions do not match or where instructions have not been given to the bank. D. All securities shall be perfected in the name of the City. All book entry securities owned by the City shall be evidenced by a safekeeping receipt issued to the City and signed by the appropriate officer at the safekeeping bank stating that the securities are held in the Federal Reserve System in CUSTOIVER ACCOUNT/02 naming the City as the "Customer". In addition, the safekeeping bank will, when requested, furnish a copy of the delivery advice received by the safekeeping bank from the Federal Reserve Bank. E. The original safekeeping receipt for each transaction, including purchased securities under a Repurchase Agreement, will be forwarded to the Director of Finance or Page 12 - Bank RFP his designated representative. VIII. OVERDRAFTS The City does not intend to have an overdraft position on any of its bank accounts singly or net throughout the course of the Depository contract. In the event that a check or checks presented for payment on any City account where there are insufficient funds available for payment, the City will require the Depository Bank to pay said checks and promptly notify the Finance Director or designated representative of the existence of the overdraft situation. The City agrees to cover the overdraft within one business day. Define whether the bank would consider an overdraft to be a negative balance in any individual City account or a negative balance in the four City accounts collectively. Should an overdraft occur, what stipulations would apply? Overdraft only if net balance of all accounts is negative. Charge would be same as short term loan rate (Wall Street Journal Prime) . The City does not intend to have daylight overdrafts; however, if the City both sells and purchases securities in the same day, depending in what sequence the wires are received, a daylight overdraft could be created. What is your bank's policy on such an event, and what charges, if any, would be made to the City's account? What is the amount of the ceiling which limits daylight overdrafts for your bank? No daylight overdraft restrictions or charges IX. OTHER STIPULATIONS A. Notices The successful bidder shall notify the City in writing within ten (10) days of any changes in Federal or State regulations or laws that would thereafter affect the depository agreement. The bank shall also notify the City of any services that become available to the City throughout the contract period. B. Right to Cancel Contract In the event it becomes illegal under the provisions of any Federal statute of regulation for the Bank to pay interest in the manner outlined in the RFP, the City expressly reserves the right and privilege to cancel the contract and to re-bid the depository services. C. Wire Transfers Notification to the City of incoming wire transfers or problems with outgoing wire Page 13 - Bank RFP transfers shall be made within one hour of the transaction. The City requires two authorized employees' signatures to be on repetitive wire set-up paperwork. All authorized employees should be issued a personal identification number to initiate wires. If the wire is non-repetitive, the City requires the bank funds transfer personnel to call the City back and specifically request to speak to an authorized employee, other than the person initiating the wire, to achieve verification that the wire is authorized prior to releasing it. D. Audit The bank's records relating to the City of Wylie's accounts shall be open to review by either City staff members or City-appointed independent auditors during normal business hours. E. Open Records The bank's records of City transactions may be considered public records pursuant to the Texas Open Records Act. F. Selection of Depositories The City shall maintain a list of authorized banks and savings and loans which are approved to provide Certificates of Deposits. To be eligible for authorization, a bank or savings and loan must be members the FDIC and meet the minimum credit critera (described below) of a credit analysis provided by a commercially available bank rating service such as Prudent Man Analysis, Inc., or Sheshunoff Public Finance Bank Rating Service. Banks or savings and loans failing to meet the minimum criteria or, in the judgement of the Finance Director, no longer offer adequate safety for the City will be removed from the list. Bank rating guidelines will be calculated using publicly available information obtained from the Federal Reserve, the Comptroller of the Currency, or the banking institution itself. Data obtained from bank rating services will include factors covering the following: overall rating, liquidity policy, credit risk policy, interest rate policy, profitability and capital policy. Financial institutions selected to issue certificates of deposit to the City in excess of S100,000 or that are selected as Safekeeping or Custodial agents or selected as the Banking Services Depository for the City shall meet the following criteria: 1) have a Sheshunoff Public Finance Peer Group Rating of thirty or better on a scale of zero to one hundred with one hundred being the highest rating at the time of selection or 2) have a Prudent Man Express Analysis overall rating of three or better on a scale of one to five with one being the highest quality for the most recent reporting quarter before the time of selection, and 3) qualify as a depository of public funds in the State of Texas. The Director shall maintain a file of the credit rating analysis reports performed for each approved firm. Page 14 - Bank RFP In addition to the foregoing requirements, with respect to bond proceeds and reserves or other funds maintained for debt service purposes, a depository of such funds must be selected by competitive bidding by two banks located within the boundaries of the City or if there are not two banks available within the City's boundaries that are willing and able to accept such deposits, then at least three bids must be obtained from banks situated in Collin County that are willing and able to accept such deposits. G. Financial Reports The proposing bank shall submit a copy of the last annual financial statements along with the last two quarterly FDIC call reports. The successful bidder shall provide to the City each quarterly call report (Schedule RC only), each quarterly and annual financial report to the shareholders and any public information concerning changes in the ownership, management, or financial position of the bank or its parent. H. Merger Not withstanding any other provision of this agreement which may be to the contrary, this agreement and the respective rights and obligations of the parties hereunder shall remain in full force and effect and not otherwise be affected by a merger of the bank. I. Applicable Laws This contract is governed by the laws of the State of Texas. Venue shall be exclusively in Collin County. J. Term on the Contract The beginning date of the bank depository contract will be established after City Council approves the awarding of the contract, to be effective for a period of two years. If mutually agreed upon by the City and the bank, the contract period may be extended up to one year, not to exceed two extensions; however, the agreement to extend must be reached at least 90 days prior to the end of the contract or the most recent extension. Page 15 - Bank RFP X. BIDDING INSTRUCTIONS/REQUIREMENTS A. Sealed proposals clearly marked "Bid for Depository Contract" should be delivered to the following person by 2:00 p.m., May 27, 1994. Jim Holcomb Purchasing Agent City of Wylie 2000 Highway 78 North Wylie, TX 75098 NO BID SHALL BE RECEIVED AFTER 2:00 P.M. LATE BIDS WILL BE RETURNED UNOPENED B. The proposing bank should use this RFP form as the Official Bid Form to submit rates and answer questions. Any alternations, changes or deletions to this RFP may be reason for the City to disregard and reject the proposal. Additional pages should be attached as needed and should reference the question to which a response applies. C. The City reserves the right to request additional information or to meet with representatives from proposing banks to discuss points in the proposal before and after submission, any and all of which may be used in forming a recommendation and the contractual depository agreement. D. The City reserves the right to reject any and all proposals. E. The bidder states that it is a banking institution chartered under laws of the United States or of the State of Texas. XI. OTHER MISCELLANEOUS A. The City of Wylie shall require a review meeting at least once every six months to evaluate the working relationship between the City and the Depository and the Depository Bank. The objective shall be to address any problems and to discuss the procedures involved in protecting the City's funds and pledged collateral. B. The final appointment of a Depository Bank shall be made by the Wylie City Council. The bidder may be required to enter into a contract which incorporates all of the obligatory points in this RFP. Otherwise, an ordinance shall be adopted accepting the bank's completed RFP as the Official Bid Form with accompanying related schedules and materials called for in this RFP. Page 16 - Bank RFP C. This RFP has been reviewed and approved by the Director of Finance. D. This Request for Proposal has been duly advertised and is being offered for consideration to all interested banks inside the corporate limits of the City of Wylie. E. Upon being awarded the contract, the Depository Bank shall designate, in writing, an individual to be the official contact person for all correspondence. The City of Wylie's official contact person will be at 442-8141. The Depository Bank hall be responsible for training and communicating the terms of this contract to the Bank Employees. F. This proposal is being submitted by the following person duly authorized to act on behalf of the bank: Ken La Senior Vice President Offic ' Na e and Title (Please Print) cer's S gnature The American National Bank Name of Bank May 26, 1994 Date 301 S. Hwy. 78 Wylie, Texas 442-6565 Address and Telephone Number XII. SUBMISSION CHECKLIST A. Completed and signed RFP B. Sample bank statement C. Sample partial account reconciliation statement D. Availability of funds schedule with a clear explanation of deadlines E. Sample account analysis statement F. Explanation of basis for Super Now rates Page 17 - Bank RFP G. Sample monthly collateral report H. Sample safekeeping agreement with the Federal Reserve for collateral. I. Sample safekeeping agreement with the Depository Bank for the City's investment securities J. Sample funds transfer agreement K. Sample stop-payment agreement L. Annual financial statement of the bank along with the last two quarterly FDIC call reports Page 18 - Bank RFP CITY OF WYLIE MONTHLY CASH FLOW MONTH END BALANCES AVERAGE LEDGER AND COLLECTED BALANCES APRIL 93 THROUGH MARCH 94 MONTHLY MONTHLY CASH FLOW APR 93 MAY 93 JUN 93 JUL 93 AUG 93 SEP 93 OCT 93 NOV 93 DEC 93 JAN 94 FEB 94 MAR 94 AVERAGE MONTHLY REVENUES 423,536 599,840 652,738 485,732 1,215,641 463,801 1,320,566 745,516 1,770,673 913,349 973,518 758,766 860,306 MONTHLY EXPENDITURES 737,228 679,280 559,145 452,024 1,525,007 665,801 1,768,316 701,767 1,097,322 540,652 1,155,692 853,497 894,644 ENDING CASH BALANCES OPERATING ACCOUNT 612,219 448,581 607,324 624,290 499,409 633,280 740,400 747,672 1,549,297 1,575,474 374,161 579,005 749,259 PAYROLL ACCOUNT 27,198 30,095 22,273 21,750 21,873 21,132 13,742 4,129 1,516 457 94 25,173 15,786 AVERAGE LEDGER AND COLLECTED BALANCES OPERATING: AVG LEDGER BALANCE 695,515 561,587 525,277 605,731 523,612 613,028 691,079 746,930 913,066 1,506,405 911,033 463,301 729,714 AVG COLLECTED BALANCE 680,346 548,337 485,158 588,792 506,850 602,560 674,275 728,862 865,521 1,486,288 848,229 444,864 705,007 PAYROLL: AVG LEDGER BALANCE 29,188 29,703 27,980 27,373 28,074 28,278 9,960 11,451 7,309 6,659 8,137 9,408 18,627 AVG COLLECTED BALANCE 29,188 29,703 27,980 27,373 28,074 28,278 9,960 11,451 7,309 6,659 8,137 9,408 18,627 THE AMERICAN NATIONAL BANK OF TERRELL Safekeeping & Securities Clearing Fee Schedule* Effective January 1994 SAFEKEEPING SERVICES Receipt Fee $15.00 Short Term Receipt Fee (Commercial Paper, 15.00 Treasury Bills or U.S. Government Agency Securities, maturing in one year or less and purchased from The American National Bank) Coupon Clipping, each coupon .40 Mortgage-Backed Income Processing 15.00 Securities Pledge/Release, per transaction 10.00 Account Maintenance - Monthly Fees Safekeeping of Assets, per receipt .60 Valuation Services, per $10, 000 par value .03 Minimum Monthly Fee 5.00 SECURITIES CLEARING SERVICES Registration of Securities, per CUSIP 23 .00 Nominee Registration Service, per CUSIP 35.00 Drafts/Window Deliveries (Physical Securities) per item 23 .00 Free Securities Shipments, per security 8 .00 Custodian Bank Transaction, per settlement 38 .00 Depository Trust Co. (DTC) Settlements, per trade 45.00 Depository Trust Co. (DTC) Facility Operations, per deposit 5.00 Book-Entry Securities Transfer via Federal Reserve (Treasuries/Agencies) , per transaction 23.00 Mortgage-Backed Settlements, per trade 50.00 Special (Non-Standard) Securities Settlements 50.00 plus Cust. Bk. Fees (Foreign Securities, Private Placements, Ltd. Partnerships, Etc. ) OTHER SERVICES Physical Securities Audit, per hour 25 .00 Disbursements - Cashier' s Check 10.50 Disbursements - Wired Funds 10.50 Bank to be reimbursed for special charges (out-of-pocket expenses) , i.e. , postage, courier charges, other bank' s charges, etc. BILLING METHOD Fees for Safekeeping Services will be billed monthly or will be charged monthly to your checking or savings account. Fees for Clearing Services are due when the services are performed. Fees incurred by some Commercial Accounts and Correspondent Banks will be reflected in their monthly account analysis . *PRICES SUBJECT TO CHANGE WITHOUT NOTICE EXHIBIT A PUBLIC FUND RATES 1DATE IMMSA IMMCA I 1 -7-92 4.001 3.75 1 -14-92 4.00 3.75 1 -21 -92 j 4.00 3.75 1 -28-92 4.00 3.75 2-5-92 4.00 3.75 2-11 -92 3.95 3.65 2-19-92 3.85 3.55 2-25-92 3.75 3.55 3-3-92 3.75 3.55 3-10-92 3.75 3.55 3-17-92 3.75 3.50 3-19-92 3.60 3.40 3-25-92 3.55 3.301 4-1 -92 3.55 3.30 4-8-92 3.55 3.251 4-15-92 3.55 3.25 4-21 -92 3.55 3.25 ' 5-6-92 3.50 3.15 5-12-92 3.50 3.15 5-27-92 3.35 3.10 6-17-92 3.25 3.00 7-7-92 3.00 2.75 9-9-92 2.80 2.55 10-14-0 2.75 2.50 1 -6-93 2.70 2.40 2-24-93 2.70 2.30 4-27-93 2.60 2.25 7-1 -93 2.55 2.15 9-14-93 2.55 2.00 9-21 -93 2.50 2.00 10-20-93 2.45 1 .75 5-17-94 1 2.50 1 .75 A.A.•■ I L"al•i d.L `.Cai\ i' C11ltyi 9i-1 J S L1�1ra1 Terrell /(214)563-2611 102 W. Moore 7 5 1 60-3 1 29 Forney /(214)564-3820 Rockwall /(214)771-8361 401 Pinson Rd. 75126-9767 2255 Ridge Rd. 75087-5100 Wylie/(214)442-6565 Crandall/(214)472-3990 301 S. Highway 78 75098 1003 W. Highway 175 75114 4� '/ i► *** COMING SOON *** Kaut'man!(214)932-7045 1"� EASY BANKER - PHONE ACCESS 2700S. Washington 75142-3626 MEMBER FDIC 24 HOUR CUSTOMER SERVICE MEMBER FDIC STATEMENT PERICD 4/21/94 THRU 5/22/94 PAGE 1 OF 1 ENCL 11 SS# 446 44 3: ACCOUNT PREVIOUS ---ADDITIONS--- --SUBTRACTIONS- TOTAL PRESi NUMBER BALANCE COUNT AMOUNT COUNT AMOUNT FEE BALA' LO*************************************************11 6911.04 1 726.97 �y ++1y0yy94.0..2yyyy..{{.yy 9yy.0yy0 yy 6534_ TRANSACTIONS :HECK DATE AMOUNT CHECK E AMOUNT DATE BALA� 1UMBER NUMBER MERICAN GOLD 4705786 YEAR TO DATE INTEREST 75.44 ANNUAL PERCENTAGE YIELD EARNED 2.63 % 013 INT ACCRUED THIS CYCLE 14.9656 HAYS IN THIS CYCLE 31 AVERAGE LEDGER BALANCE 6777.88 AVG. COLLECTED BALANCE 6777.38 2.6000% INTEREST RATE 0.007123% DAILY PERIODIC RATE 4/22/94 ***** *** CHECKS ** ******** 5/22 9.00 SC 4/27 6812. !ONTHLY ACCOUNT MAINTENANCE FEE 1821* 4/29 20.00 1822 4/29 4.89 4/29 1823 4/27 98. 80 6637. 1824 5/02 100.00 5/02 6637. 1825 5/03 38.96 1826 5/05 18.81 5/03 7360. 1827 5/04 23.19 1828 5/04 59.56 5/04 7277. 1829 5/05 254. 81 1830 5/09 400.00 5/05 1831 5/20 75.00 7004. 5/09 6604. *##*#*#** DEPOSITS *********$ 5/20 6529 . 5/22 6534. 5/03 712.00 DP S TREASURY 303 SOC SEC 5/22 14.97 INT AMERICAN NATIONAL BANK Pledge Report By Maturity Date As of 04/30/94 TERRELL, TX Pledge F : Page 41 Acct. Moody S & P Maturity Safekee•ing No Cusi• Loc ID # Par Value Descri•tion jype Rating Rating Coupon Date Book Value Fair Value 52000178 313615SE7 01 0405 2,929,817 FNMA #50917 HTM 6.000 11/01/2000 2,973,526.47 2,789,735.59 11008035 31370FU43 01 0373 2,640,764 FNMA #230203 HTM 6.500 03/01/2003 2,711,023.32 2,563,191.39 11008075 36202K4X0 01 0279 2,027,062 GNMA 11 #8938 ADJ RT AFS 6.000 03/20/2022 2,089,762.49 2,054,300.63 11008032 36202J5X2 01 0311 1,867,800 GNMA II #8062 ADJ RT AFS 5.125 10/20/2022 1,924,095.04 1,856,126.69 Items: 4 9,465,443 9,698,407.32 9,263,354.30 II SENTRY MANAGEMENT, INC. ... INVESTMENT ADVISERS P.O. DRAWER 1770 WICHIT \LLS,TEXAS 76307 817-767-8505 AMERICAN NATIONAL BANK P.O. BOX 40 TERRELL, TEXAS 75160 Account # 00-0000-0 SAMPLE APRIL 1994 ACCOUNT ANALYSIS STATEMENT *** BALANCE AND EARNINGS ALLOWANCE COMPUTATION *** Daily Average Ledger Balance 84,897.70 Less-average float 27,955.93 Average Collected Balance 56,941.77 Less Legal Reserve (10.00%) 5,694.18 Balance Available for Services 51,247.59 -ACCOUNT POSITION- - - PR ICE BALANCE Earnings Allowance al 3.625% 157.77 51,247.59 Less Costed Service Totals 2,084.50 699,625.29 Account Analysis Charge (1,926.734 648,377.69 SERVICES RENDERED IN PERIOD UNITS FACTOR PRICE BALANCE Uncollected Funds in Use Ledger Entries - Credit 122 0.45 54.90 18,426.21 Ledger Entries - Debits 78 0.15 11.70 3,926.90 Items Deposited - On-us 8,083 0.08 646.64 217,033.20 Items Deposited - Local 10,068 0.08 805.44 270,331.59 Items Deposited - Transit 479 0.08 38.32 12,861.43 OTHER CHARGES: Return Items 208 2.50 520.00 174,528.74 Account Maintenance 1 7.50 7.50 2,517.24 COSTED SERVICES TOTALS 2,084.50 699,625.29 ............. ...... . . E3CFIIBIT A • CUSTODIAL CONFIRM. Custodial Aft Dated , 19 • Depositor: Name Address Member. Name Address Custodian: Pcckral Ilomo Loan Bank of Dallas 5605 N. MacArthur BIvd. P.O. Box 619026 Dallas/Fort Worth, Texas 75261.9026 Description of Pledged Collateral: Member hereby grants to Depositor firstpriotity security interest in the above described securities. Member and Depository hereby authorize the Federal Home Loan Bank of Dallas to act as Custodian,in accordance with the Custodial Services Standard Terms and Conditions ("Terms and Conditions*)in effect and as published by the Federal Home Loan Bank of Dallas from time to time, which Terms and Conditions are hereby incorporated into this Custodial Confirm as if set forth fully herein. Signed this day of 19_ Member Accepted by Depositor By By By Accepted by Custodian By THE AMERICAN NATIONAL BANK OF TERRELL Balance Sheet December 31, 1993 and 1992 1993 1992 ASSETS Cash and due from banks $ 16, 371, 396 $ 15, 893 , 577 Investment securities 170 , 796, 223 148, 637, 234 Federal funds sold 18, 100, 000 14, 800, 000 Loans 95, 438, 239 89 , 315, 736 Bank premises and equipment 5 , 127, 691 4, 364, 086 Other real estate owned 185, 272 938, 274 Other assets 3 , 268, 189 3 , 212, 053 $309 , 287, 010 $277, 160, 960 LIABILITIES AND STOCKHOLDERS' EQUITY Deposits : Noninterest bearing $ 60 , 214 , 277 $ 48, 588, 243 Interest bearing 219 , 756, 576 204, 475 , 588 Total deposits 279 , 970, 853 253 , 063 , 831 Federal funds purchased and repurchase agreements 3 , 484, 460 2 , 255, 000 Other liabilities 1, 398, 339 1, 585, 528 Commitments and contingencies - Stockholders ' equity: Capital stock, $10 par value; 300, 000 shares authorized, 250, 000 shares issued and outstanding 2 , 500, 000 2 , 500, 000 Capital surplus 3 , 500, 000 3, 500, 000 Undivided profits 18, 433, 358 14, 256, 601 Total stockholders' equity 24, 433 , 358 20, 256, 601 $309, 287, 010 $277, 160, 960 See accompanying notes to financial statements. (1) A THE AMERICAN NATIONAL BANK OF TERRELL Statement of Income For the Years Ended December 31, 1993 and 1992 1993 1992 Interest income: Interest and fees on loans $ 9,472,187 $ 10,195, 923 Interest and dividends on: Taxable investments 9,818,381 9,974,400 Nontaxable investments 248,772 295,025 Interest on deposits in other banks - 3, 002 Interest on federal funds sold 375,741 527, 589 Total interest income 19,915, 081 20, 995, 939 Interest expense: Interest on deposit accounts 6,439,293 8,287, 829 Interest on federal funds purchased and repurchase agreements 27, 001 125, 995 Total interest expense 6,466,294 8,413, 824 Net interest income 13,448,787 • 12, 582, 115 Provision for possible loan losses ( 800, 000) ( 200, 000) Net interest income after provision 14,248,787 12,782, 115 Noninterest income: Service charges on deposit accounts 2, 557, 577 2,182,384 Net gain on sales of investment securities 1, 026 1,007,407 Other 1, 882, 508 1,429, 156 Total noninterest income 4,441, 111 4, 618, 947 Noninterest expense: Salaries and employee benefits 6,046,797 5,618, 050 Occupancy expense of bank premises 894, 138 719, 688 Furniture and equipment expense 883, 198 1,089,244 Other 3,609, 008 3, 509,405 Total noninterest expense 11,433, 141 10,936, 387 Net income before federal income taxes and cumulative effect of change in accounting principle 7,256,757 6,464, 675 Federal income taxes 2,394, 000 2,075, 000 Net income before cumulative effect of change in accounting principle 4,862,757 4,389, 675 Cumulative effect of change in accounting principle 464, 000 - Net income $ 5,326,757 $ 4,389, 675 See accompanying notes to financial statements. (2) STOP PAYMENT NATIONAL THE AMERICAN BANK CUSTOMER COPY , , , TERRELL, FORNEY, ROCKWALL, WYLIE CRANDALL CONFIRMATION FOLLOWS F • DRAWN BY YES n NO ACCOUNT NUMBER PAYABLE TO I I IN PERSON I—I PHONE n TELEGRAM IT LETTER CHECK NO. ITEM DATED ACCEPT.BY TIME DATE APPROVED BY AMOUNT WILL DUPLICATE REASON a CHECK BE ISSUED YES I I NO • • • In requesting you to stop payment on this or any other item, the undersigned agrees to assume and to pay all expenses and costs incurred by the bank, on account of refusing payment of said item, and that the bank shall be held harmless therefor. The undersigned further agrees that the bank shall in no way be liable on account of payment contrary to this request,if same occurs through inadvertence or oversight,or if by reason of such payment other items drawn by the undersigned are returned because of•insufficient funds. U Lu The undersigned further states that the above description of the check is correct and complete. -w z as on This request is in effect for six months unless revoked or released before that time,or extended or renewed for additional periods of not more than six(6)months. r a .'. U It is understood that the bank will not accept stop payment requests on post dated checks. �.w.. There will be a$ ::•:;charge; EXPIRES SIGNED L COMMERCIAL FEE SCHEDULE t. FUNDS AVAILABILITY AND Thank ELECTRONIC FUNDS you TRANSFER DISCLOSURE 102 W.MOORE AVE.751/0J129 401 PINSON ROAD 75126-9767 P.O.BOX 40 P.O.BOX 969 TERRELL TEXAS 75160-0 0 40 FORNEY,TEXAS 75126-0 9 6 9 rvie PIIONE(214)563-2611 PHONE(214)564-3820 tile yMEFRO(214)524-3411 METRO(214)564-3820 2255 RIDGE ROAD 75087-5100 301 S.HWY.78 75098.3302 P.O.( KWBOX 129 WYLIE, 1268 ,1 141 ROCKWAL4 TEXAS 75087.0]29 WYLIE,TEXAS 75098.1268 PHONE(214)722.8361 PHONE(214)442-6565 METRO(214)771-8361 METR0(214)442-6565 1003 W.HWY.175 2700 S.WASHINGTON 75142-3626 P.O.BOX 4 28 P.O.BOX 4 70 CRANDALI,TEXAS 75114-0 4 2 8 KAUFMAN,TEXAS 75142-0 4 7 0 PHONE(214)472-3990 PHONE(214)932-7045 MEFRO(214)287-5080 MEFRO(214)299-9111 YE 4BER FDIC - If you have any questions concerning your account call your THE AMERICAN NATIONAL BANK TERRELL FORNEY ROCKWALL WYLIE CRANDALL KAUFMAN Branch Office and ask for a Customer Service Representative. 0,4,....I MO).4-34n. (114)9911Y1 a11)442.6163 (114),22.394. (21.).WW9 1 COMMERCIAL CHECKING ACCOUNTS: ACCOUNT ANALYSIS: FEES ANU SERVICES; SMALL BUSINESS ACCOUNT: * Earnings factor-averaged 90 day T-Bill rate based on investable balance(average collected Stop payments $17.50 each ; Minimum to o en balance less federally mandated reserves). Insufficient checks(paid or returned) 17.50 each p $300.00 Account maintenance $7.50 per account Debits 15 per item Deposited item returned 2.50 each Minimum daily balance$1,500 or more Credits 45 per item Account research 20.00/hour No charge Items deposited 08 per item Account reconciliations 20.00/hour Return items 2.50 per item Average monthly balance$3,000.00 or more Negative collected balance charge Extra statements 2.50 each No charge Wall Street Journal-Prime+2 Points Account item photocopies 1.00 each All analyzed accounts are charged monthly for Depository lock bags 20.00 per bag Less than$1,500 minimum daily balance FDIC insurance at the current rate based on On line statement 1.00 10.00 average ledger balance. Balance inquiry No charge monthly account maintenance *COMMERCIAL SAVINGS ACCOUNT: Bank bags 3.00 each Garnishments and tax levies minimum of Minimum to open .$200.00 50.00 each MONEY MARKET CHECKING ACCOUNT:* First 3 withdrawals per quarter No charge TELLER AND LOBBY SERVICES: Available to Sole proprietorships and Non-profit Withdrawals(over 3 per quarter) 2.00 organizations only. each Wire Transfer-Incoming and Outgoing Minimum to open $200.00 Less than$200 2.00 Customers $10.00 each per month Non-customers 20.00 each Minimum daily balance$2,500.00 or more Withdrawals are limited by government regula- No charge tions Collections Customers 10.00/item *Less than$2,500.00 minimum daily balance MONEY MARKET SAVINGS ACCOUNT: Non-customers 15.00/item $10.00 Cashier's checks 3.00 each monthly account maintenance Minimum to open $200.00 Bank drafts 5.00 each Minimum daily balance$2,500.00 or more Numerical Sort Fee 30.00 per 1,000 No charge Interest paid on average collected balance. Less than$2,500.00 minimum daily balance MASTERCARD/VISA MERCHANT *If there are over 100 transactions,your account may $10.00 be placed on account analysis with credit for average monthly account maintenance ACCOUNTS AVAILABLE collected balance. Interest paid on average collected balance. Withdrawals are limited by government regula- CHECK PRINTING: tions. Federal regulations require that transfers from a money Charges Cost+shipping market savings account or a savings account to another and handling account or to third parties by preauthorized,automatic, Endorsement stamps Cost+shipping or telephone transfer are limited to six per month or and handling statement cycle with no more than three by check,debit card or similar order to third parties.There is no limit on Deposit slips Cost+shipping the frequency of cash withdrawals or transfers made in and handling person. YOUR ABILI"I'Y TO WITHDRAW FUNDS ELECTRONIC FUND TRANSFERS (4) It the terminal or system was not working properly AT YOUR RIGHTS AND RESPONSIBILITIES and you know about the breakdown when you THE AMERICAN NATIONAL BANK started the transfer. The Electronic Fund Transfers we are capable of han- If circumstances 'TERR'l LL FORNEY ROCKWALL WYLIE CRANDALL KAUFMAN dlingare indicated below,some of which maynot apply (5) beyond our control(such as fire pp y or flood)prevent the transfer,despite reasonable to your account. Please read this disclosure carefully precautions we have taken. Our policy is to make funds from your deposits because it tells you your rights and obligations for these (6) There may be other exceptions in our agreement transactions. You should keep this notice for future with you. available to you on the first business day after the day we receive your deposit. At that time,you can reference. withdraw the funds in cash and we will use the DISCLOSURE OF ACCOUNT INFORMATION TYPES AND LIMITATIONS OF TRANSFERS TO THIRD PARTIES funds to pay checks that you have written. Account Access-An access device(card and/or We will disclose information to third parties about your code) may be used to: account or the transfers you make: Please remember that even after we have made • Withdraw cash from checking accounts. (1) where it is necessary for completing transfers; funds available to you,and you have withdrawn the • Make deposits to checking accounts. (2) in order to verify the existence and condition of funds, you are still responsible for checks you de- • Withdraw cash from savings accounts. your account for a third party, such as a credit posit that are returned to us unpaid and for any other • Make deposits to savings accounts. bureau or merchant; problems involving your deposit. • Transfer funds between checking and savings (3) in order to comply with government agency or accounts upon request. court orders; or For determining the availability of your deposits, Some of these services may not be available at all ter- (4) if you give us written permission. every day is a business day,except Saturdays,Sun- minals. days, and federal holidays. If you make a deposit UNAUTHORIZED TRANSFERS before 3:00 p.m.*on a business day that we are open, Types of Automatic Transfers Tell us AT ONCE if you believe your card and/or pin we will consider that day to be the day of your • You may have deposits made to your checking or has been lost or stolen. Telephoning is the best way deposit. However,if you make a deposit after 3:00 savings accounts. of keeping your possible losses down. You could lose p.m.*or on a day we are not open,we will consider • You may have payments made from your checking all of the money in your account(plus your maximum that the deposit was made on the next business day account. overdraft line of credit). If you tell us within two we are open. • You may transfer funds between your checking and business days,you can lose no more than $50 if savings accounts. someone used your card without your permission. If you do not tell us within two business days after you Limitations on Frequency or Transfers- learn of the loss or theft of your card and/or pin, and LONGER DELAYS MAY APPLY • Transfers from a money market deposit account or we can prove we could have stopped someone from a savings account to another account or to third using your card and/or pin without your permission if In some cases,we will not make all of the funds that parties by preauthorized, automatic,or telephone you had told us,you can lose as much as$500. transfer are limited to six per month or statement you deposit by check available to you o on the first yoiness day after the day of your dyous .Depend cycle with no more than three by check,debit card Also, if your statement shows transfers that you did or similar order to third parties. not make,tell us at once. If you do not tell us within ing on the type of check that you deposit,funds may • There is no limit on the frequency of cash withdraw- 60 days after the statement was mailed to you,you not be available until the FIFTH business day after als from our terminals. may not get back any money you lost after the 60 the day of your deposit. However,the first$100 of days if we can prove that we could have stopped your deposits will be available on the first business Limitations on Dollar Amounts of Transfers- someone from taking the money if you had told us in day, unless there is reasonable cause to doubt the You may withdraw up to$300.00 from our terminals time. collectability of the deposit. each business day. A business day is from midnight to midnight. If a good reason (such as a long trip or a hospital if we are not going to make all of the funds from your stay)kept you from telling us,we will extend the time deposit available on the first business day, we will Exception: Thursday midnight to Sunday midnight is period. notify you at the time you make your deposit. We considered one business day. will also tell you when the funds will be available. If If you believe your card and/or pin has been lost or , your deposit is not made directly to one of our CHARGES FOR ELECTRONIC FUND TRANSFERS stolen or that someone has transferred or may employees, or if we decide to take this action after • We do not charge for direct deposits to any type of transfer money from your account without your you have left thepremises, we will mailyou the account. I We do not charge forpreauthorized withdrawals permission,call us at the telephone number listed my notice by the day after we receive your deposit. 9 this brochure. from any type of account. It you will need the funds from a deposit right away, • We do not charge for withdrawals or transfers made Change in Terms you should ask us when the funds will be available. at our terminals. We may change the terms of this agreement govern-' • Charges may vary for withdrawals made at termi- ing electronic fund transfers by giving you written In addition, funds you deposit by check may be nals that are not ours. notice of the change at least 21 days prior to the ' effective date of the change. However, if the change delayed for a longer period under the following circumstances: RIGHT TO DOCUMENTATION is made for security purposes we can make a change • Terminal Transfers. You can get a receipt at the without giving you prior notice. • We believe a check you deposit will not time you make any transfer to or from your account be paid. using one of our automated teller machines. ERROR—RESOLUTION NOTICE • You deposit checks totaling more than • Direct Deposits. If you have arranged to have direct deposits made to your account at least once IN CASE OF ERRORS OR QUESTIONS $5,000 on any one day. every 60 days from the same person or company, ABOUT YOUR ELECTRONIC TRANSFERS • You redeposit a check that has been you can call us at the telephone number listed, returned unpaid. to find out whether or not the deposit has been If you think your statement or receipt is wrong or if • You have overdrawn your account repeat- made. you need more information about a transfer listed on edly • Periodic Statements. You will get a monthly or the statement or receipt, contact our Customer in the last six months. quarterly account statement. Service Department. The bank must hear from you • There is an emergency,such as failure of no later than 60 days after the bank sent you the STOP PAYMENT PROCEDURES FIRST statement on which the problem or error communications or computer equipment. eared. • Right to Stop Payment and Procedure for Doing appeared. We will notify you if we delay your ability to So. If you have told us in advance to make regular withdraw funds for anyof these reasons, and we payments out of your account,you can stop any of (1) Tell us your name and account number. these payments. Here is how: Call or write us at (2) Describe the error or the transfer you are unsure will tell you when the funds will be available. They the telephone number or address listed, in time for about, and explain(if you can)why you believe it will generally be available no later than the NINTH us to receive your request three business days or is an error or why you need more information. business day after the day of your deposit. more before the payment is scheduled to be made. (3) Tell us the dollar amount of the suspected error. If you call, we may also require you to put your You may still withdraw funds on the next business request in writing and get it to us within 14 days If you tell us orally,we may require that you send us day after the day of your deposit if you made the after you call. your complaint or question in writing within 10 deposit in cash,by wire transfer,or the following business days. deposits (if they meet certain requirements): gov We will charge you for each stop payment order ernment checks,cashier's checks, certified checks, you give,according to our current fee schedule. We will tell you the results of our investigation within 10 business days and will correct any error promptly. teller's checks,or traveler's checks. All other check • Liability for Failure to Stop Payment of deposits will generally be available no later than the Preauthorized Transfer. If you order us to stop However,we may instead take 45 days to investigate ninth business day after the day of your deposit. one of these payments three business days or your complaint or question. If we decide to do this, more before the transfer is scheduled,and we do we will recredit your account within 10 business days SPECIAL RULES FOR NEW ACCOUNTS not do so, we will be liable for your losses or for the amount you think is in error,so that you will damages. have use of the money. If we ask you to put your If your account has been open 30 days or less, we complaint or question in writing and we do not receive may further limit your ability to withdraw funds OUR LIABILITY it within 10 business days, we may not credit your deposited by check,but only during the first 30 • Liability for Failure to Make Transfers. If we do account. days not complete a transfer to or from your account on time or in the correct amount according to our For a transfer resulting from a point-of-sale debit and DEPOSITS AT AUTOMATED TELLER MACHINES agreement with you,we will be liable for your losses transaction or a transfer initiated outside the United or damages. However,there are some exceptions. States,we will tell you the results of our investigation i We will NOT be liable,for instance: within 20 business days. If we need more time, we l If you make a deposit at one of our ATM's before (1) If,through no fault of ours,you do not have may take up to 90 days to conduct our investigation. 2:00 p.m.on a business day that we are open,we will enough money in your account to make the consider that day to be the day of your deposit. transfer. If we decide that there was no error, we will send you I However,if you make deposit after 2:00 p.m.or on (2) If the transfer would go over the credit limit on a written explanation within 3 business days after we I a day we are not open,we will consider the deposit your cash reserve line. finish our investigation. You may ask for copies of the made,on the next business day we are open. (3) If the automated teller machine where you are documents that we used in our investigation. making the transfer does not have enough cash. • • StOP PAYMENT CUSTOMER C_OPY THE AMERIC-AN NATIONAL BANK TI:RRII.L, 1-()RNI Y, )('KWAI I , WYI II ('RANI)Al I_ iNEIDMATif f 011 OWS r0(1 DRAWN BY ACCOUNTNUMBED _., IN PI tf f:ON PI lONF If I fdlli,10 I_ I Flil PAYABLE TO 1 CHECK NO HEM DATED ACCEPT HY TIME DAIL APPROVED BY J AMOUNT • Wit L DI'PLICATE REASON CHECK BE ISSUED I I YES El NO In requesting you to slop payment oil this or any other item, the lindersone,1 aims, to ass.mni, and to pay all PXPOIMAS null costs incurred by the hank. on account of • refusing payment of said Serra tint hat the hank shall be held harmless therr‘fot the undeeanned fill Mei ,orees lhat the bank shall in no way he liable on account of payment contrary to this terstr,st if same moss II-ough inadvertence or ovorsintil or it by 10.1tifal ml Sill Ii iniyirsad other items drawn I,y the undersigned are returned because of insufficient funds uj The rindersone,1 Pother slates that the Move liPtiallidiorl it the r.hock is corror .11111 I ruirl,r14 This iequest is in effect for six months mum rvoked or released before Itot time 0 e deo.le,I 1,newi,,I tot arlditinnal ppm& ofr no moe t r thn mont hs • It is iinderstond tiro hank will not accept stop ixiyinent 1r-sliest,on post dated I hm 111,0 Wit 11,3 a S charge EXPIRES SKINf • . • • • •• • .• . . ..• • • • • • .• . . . ,• • • .• . . . . • "•• • • . . • • . . • City of Wylie AGENDA COMMUNICATION 7WIVIPPPr- Legal Steven P. .eiter SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 6-10-94 Formation Of 4B Corporation To Administer Parks Sales Tax SUMMARY OF SUBJECT: The City will start collection of a one-half cent sales tax on July 1, 1994. The tax was approved by the voters .n the January 15, 1994 election. State law requires that the tax receipts be administered through a corporation -o be formed and authorized by the City Council. A resolution approving proposed articles of incorporation such a corporation and authorizing the corporation to act on the City's behalf is before the Council. Once the Council is satisfied with the content and form of the articles it needs to adopt the resolution to begin the process of incorporation. ALTERNATIVES: :1) Adopt Resolution approving articles of incorporation for Wylie Park and Recreation Facilities Development Corporation, as presented (2) Adopt resolution approving articles as amended by Council ACTION REQUESTED: staff recommendation is for Council to adopt Resolution approving Articles of Incorporation for Wylie Park and Recreation Facilities Development Corporation. MEMORANDUM TO : City Council FROM: Steve Deiter N. SUBJECT : Formation •f Corporation To Receive and Administer 48 (Parks and Rec ) Sales Tax DATE : June 8 , 1994 ********************************************************************************* Pursuant to voter approval received in the January 15, 1994 election, the City will start imposing and collecting a one-half cent sales tax for parks and recreation/economic development purposes, as of July 1, 1994. The statutory authority allowing the City to collect and expend the tax (The Development Corporation Act of 1979) requires that a corporation be formed to receive the sales tax revenues from the City and make decisions concerning management and expenditure of the funds. The one-half cent sales tax is authorized under section 4B of Art. 5190.6 of Texas Civil Statutes. Therefore it is sometimes known as a "4B Corporation". As a side note Art. 5190.6 and 4B are actually economic development tools and are not at all limited to parks and recreation purposes. However, the City has structured its 4B corporation to finance parks and recreation projects, which in turn should facilitate and induce economic development within the City. By way of further background information I would point out that the City's present Development Corporation (funded by a separate one-half cent sales tax) is formed under the same Art. 5190.6 but under Section 4A, thus it is a very similar entity. As with any corporation the corporate existence is began by the filing of Articles of Incorporation with the Secretary of State's Office. I have prepared for the Council's consideration and approval Articles of Incorporation for the 4B Corporation. The draft included in the packet materials contains comments and explanation (shaded areas) which are not in the original. For the most part the articles contain boiler-plate text which must be included in the articles. In making comments on some of the articles I have attempted to identify those areas which are not strictly boiler-plate and which the Council has some discretion in. The Council needs to determine who the initial directors will be, who the incorporators will be, and make any desired changes to the Articles. Upon completion of these items the Council needs to pass a Resolution, approving the articles and authorizing the Corporation to act on behalf of the City. I have included a copy of the suggested resolution with the packet materials. In addition to the Articles of Incorporation which is the "charter" if you will for the Corporation, the Council will also need to eventually adopt bylaws governing the internal management and workings of the corporation. The bylaws are the document where the Council can structure the operation and management of the corporation as it sees fit, without as much statutory restriction as is there is with the Articles. The Council may want to consider and discuss bylaws at the first worksession meeting following the June 14, 1994 meeting. Although not absolutely necessary the bylaws should be in place before the corporation starts receiving tax revenues, which will be sometime in August or September. Should you have further questions or concerns on this matter please do not hesitate to contact Mike Collins or myself. cc: Steve Norwood Mike Collins Thanks © RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE ARTICLES OF INCORPORATION FOR THE WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION; AUTHORIZING THE EXECUTION AND FILING OF SUCH ARTICLES;AND AUTHORIZING THE WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY TO FURTHER THE PUBLIC PURPOSES AS STATED IN THE ARTICLES OF INCORPORATION WHEREAS, the qualified voters of the City of Wylie, voting at an election called for the purpose of considering the imposition of a one half cent sales tax pursuant to the Development Corporation Act of 1979, as amended, Art. 5190.6 of Tex. Rev. Civ. Stat. Ann., as amended (The Act) approved the imposition of such tax, with the vote being 107 votes in favor of such tax and 47 votes against; and, WHEREAS, the City Council ordered imposition of said one-half cent sales tax, effective as of July 1, 1994, by passage of Ordinance No. 94-1 on the 25th day of January, 1994; and, WHEREAS, the Act requires creation and maintenance of a Development Corporation to receive and manage such sales tax receipts, which said corporation is dependent upon the City Council for its authority to act on behalf of the City in accordance with the Act; WHEREAS, the City Council desires to create a Development Corporation in accordance with and for the purposes expressed in Section 4B of the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Articles of Incorporation for the Wylie Park and Recreation Facilities Development Corporation, a copy of which being attached hereto as Exhibit A and fully incorporated herein by reference, be, and the same hereby are, approved as the Articles of Incorporation for said corporation; the incorporators named therein are authorized to execute said articles; and the City Attorney is directed to file the same with the Secretary Of State's Office, forthwith. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of June, 1994. By James D. Swartz Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 ARTICLES OF INCORPORATION OF WYL I E PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION *Tt a name 'the..corp drat ien does nh #sa e: to ba...exactly ::as s : sad l era;:. i.f Council desires:: to use another name t may dd su The nay used: here :was patterned...:fr ►>.:4B :cord..arat . ns. in ot:h;et O tte and... :s. de:scr ..t;.ive... f:;:wh.a.t: the corporationactually s;. WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years of age and is qualified elector of the City of Wylie, Texas (the "City"), acting as incorporators of a public instrumentality and non-profit industrial development corporation(the "Corporation") under the Development Corporation Act of 1979, as amended, Article 5190.6, Tex. Rev. Civ. Stat. Ann., as amended (the "Act"), with the approval of the City Council (the "City Council"), do hereby adopt the following Articles of Incorporation for the Corporation: ARTICLE ONE The name of the Corporation is Wylie Park and Recreation Facilities Development Corporation. 1,:semitoiviovanwaboite ARTICLE TWO The Corporation is a non-profit industrial development corporation under the Act and is governed by Section 4B of the Act. ARTICLE THREE Subject to the provisions of Article Eleven of these Articles, the period of duration of the Corporation is perpetual. *the lion y be;fora t ;t ;pet l:t :I:Would ni+ recommend it as set ing an ex-p t d tt en r s t#e icl to :re <f:t date is app oat g and t co te.exi nce: '. to OaintaY ,. 1 ARTICLE FOUR (a) The purpose of the Corporation is to promote economic development within the City and the State of Texas in order to eliminate unemployment and underemployment, and to promote and encourage employment and the public welfare of, for, and on behalf of the City by developing, implementing, providing, and financing projects under the Act and as defined in Section 4B of the Act. (b) In the fulfillment of its corporate purpose, the Corporation shall have the power to provide financing to pay the costs of projects through the issuance or execution of bonds, notes, and other forms of debt instruments, and to acquire, maintain and lease and sell property, and interests therein, all to be done and accomplished on behalf of the City and for its benefit and to accomplish its public and governmental purposes as its duly constituted authority and public instrumentality pursuant to the Act and under, and within the meaning of, the Internal Revenue Code of 1986, as amended, and the applicable regulations of the United States Treasury Department and the rulings of the Internal Revenue Service of the United States prescribed and promulgated thereunder. (c) In the fulfillment of its corporate purpose, the Corporation shall have and may exercise the powers described in paragraph (b) of this Article, together with all of the other powers granted to corporations that are incorporated under the Act and that are governed by Section 4B thereof, and, to the extent not in conflict with the Act, the Corporation shall additionally have and may exercise all of the rights, powers, privileges, authorities, and functions given by the general laws of the State of Texas to nonprofit corporations under the Texas Non- Profit Corporation Act, as amended, Article 1396-1.01, et seq., Vemon's Ann. Civ. St., as amended. (d) The Corporation is a corporation having the purposes and powers permitted by the Act pursuant to the authority granted in Article III, Section 52-a of the Texas Constitution, but the Corporation does not have, and shall not exercise the powers of sovereignty of the City, including the power to tax (except for the power to receive and use the sales and use taxes specified in Section 4B of the Act) and the police power, except that the Corporation shall have and may exercise the power of eminent domain when the exercise thereof is approved by the City Council. However, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practice and Remedies Code), the Corporation is a governmental unit and its actions are governmental functions. (e) No bonds, notes, or other debt instruments or other obligations, contracts, or agreements of the Corporation are or shall ever be deemed to be or constitute the contracts, agreements, bonds, notes, or other debt instruments or other obligations, or the lending of credit, or a grant of the public money or things of value, of, belonging to, or by the State of Texas, the City, or any other political corporation, subdivision or agency of the State of Texas, or a pledge of the faith and credit of any of them. Any and all of such contracts, agreements, bonds, notes and other debt instruments and other obligations, contracts and agreements shall be payable solely and exclusively from the revenues and funds received by the Corporation from the sources authorized by Section 4B of the Act and from such other sources as may be otherwise lawfully available and belonging to the Corporation from time to time. 2 ARTICLE FIVE The Corporation has no members and is a non-stock corporation. ARTICLE SIX These Articles of Incorporation may be amended in either one of the methods prescribed in this Article. (a) Pursuant to the powers of the City contained in Section 17(b) of the Act, the City Council, by resolution, may amend these Articles of Incorporation by filing amendments hereto with the Secretary of State as provided by the Act. (b) The board of directors of the Corporation may file a written application with the City Council requesting approval of proposed amendments to these Articles of Incorporation, specifying in such application the proposed amendments. If the City Council, by appropriate resolution, finds and determines that it is advisable that the proposed amendments be made, authorizes the same to be made, and approves the form of the proposed amendments, the board of directors of the Corporation may proceed to amend these Articles of Incorporation in the matter provided by the Act. (c) The board of directors of the Corporation shall not have any power to amend these Articles of Incorporation except in accordance with the procedures established in paragraph (b) of this Article. ARTICLE SEVEN The street address of the initial registered office of the Corporation is the City Hall, 2000 Highway 78 North, Wylie, Texas 75098 and the name of its initial registered agent at such address is Steven P. Norwood. * re,.i;...;e,,.d;.:f: ..::<.>:..:.t e,.::.iil ::.e :;o:_;; ::aries;.f__. ;:; :ity, sld off �ems€ �tt�tn. �o�t�es o�the��, therefore:the C :t w d< m to be opria :pl . The. t agent::m matter yo c tttt :' it :::t <City::::>:: a',:.:the City Mate':> ld:VemtObtalletiott'og cal all.tito.*AletiCagOlt4tiaitItteiVCOOtittt;aoit. mt .. corporation.:::=Whit . ity M ager.: g ..th die :wdidd::1a :tv:b n ed'to t another:::regtstered<:agent:>:whic :::: tig a an t i :::person. ARTICLE EIGHT The affairs of the Corporation shall be managed by a board of directors which shall be composed of seven persons appointed by the City Council, who are residents of the City. Three of the directors shall be persons who are not employees, officers, or members of the governing 3 body of the City of Wylie. The incorporators of the corporation, as hereinafter named, shall serve as the temporary initial directors for the corporation until permanent initial directors are appointed by the City Council. The initial terms of the directors shall be staggered so that four members shall expire on May 31 of even numbered years and three members on May 31 of odd numbered years, with the Council Member Director's initial terms expiring in the same year as their current term of elected office. All subsequent terms shall be for a period of two years. Each director shall hold office for the term for which the director is appointed unless sooner removed or resigned. Each director, including the initial directors, shall be eligible for reappointment. Directors are removable by the City Council at any time with or without cause. If a director of the who is a council member shall cease to be a member of the City Council, such event shall constitute an automatic resignation as a director and such vacancy shall be filled in the same manner as for other vacancies of the same class. Any vacancy occurring on the board of directors through death, resignation or otherwise shall be filled by appointment of the City Council to hold office until the expiration of the vacating member's term. 171*tillifibit of directors' be: all df: hh thu b resid ts:,f:tt a:C : T ix of>t di cttots:: ::City officials:t(attd:.employes):::is::dise£ ovary.>Titat: s:thet is>n requirement::that::: :<e :: ber o thedittaiji*:*tity:bffitiWiict Staffltielitilitinetaddit ts:t ::there:tatt no> urt fourtt atbedittittOft*b4:4tetitktiffidWtitof : f,i.e :WOO t afieeis:::sugg ttit the:i ;.>. >;;<.;> ;:.;;:.;.: >:.;:to ;:;..::.;::.. .: . :.: ::.; .;;:.:..:;:;: >: :<::.'::>:. :; ; t t.c tb. . tom.t tt We :mod.l.ity...l ge *:.atttWE* hoardboant mdmbem The su gestiaNti w+ ld:al s re .nc ntrol oft corp tration bytl.e:Cou it as< : 11 always ha c: 1 :v :y*the btAittfaftillitit: ll:ttt£ ncil tttcmbers: #: City tags r 'e u i 3 i t it vie ARTICLE NINE The name and street address of each incorporator is: James D. Swartz 506 W. Jefferson, Wylie, TX 75098 Ortie Messenger 504 Rustic Circle, Wylie, TX 75098 Reta Allen 311 Hilltop, Wylie, TX 75098 Steven R. Wright 406 E. Stone, Wylie, TX 75098 *The incorp rs. be:any natdral:sots w are reitkii0 of;the ity.... is suggesting that ttie::1 yr, yor .Ter.add t1 :::next.tw€t.longest::ttritted ddiAti l members 4 see as :the into porators. Iiia >} tie:i orporatvica`will :. s th tebrporary..i a directors:, until.ri i :appoints a fuil`slate pf seven per ent initial dir tors, there should n+a more; ap..fout council:pe=i oii$'so': Ott ARTICLE TEN (a) The initial bylaws of the Corporation shall be in the form and substance approved by the City Council. Such bylaws shall be adopted by the Corporation's board of directors and shall, together with these Articles of Incorporation, govern the internal affairs of the Corporation until and unless amended in accordance with this Article. (b) Amendments to the bylaws may be initiated by either the City Council or the board of directors. (c) Neither the initial bylaws nor any subsequently effective bylaws of the Corporation may be amended without the consent and approval of the City Council. The board of directors of the Corporation shall make application to the City Council for the approval of any proposed amendments, but the same shall not become effective until or unless the same shall be approved by resolution adopted by the City Council. *ibis is fairly dard:text f amendments tp t bylaws. I i luded a specific temeii in: g ph + ) to Vie..there..is. .Asti as:tip:the:Counci 's ability to initiate change .to t e o lii 'a <:thitAl: . b <: it to preset t:D6v #z0i t nt +ailf ARTICLE ELEVEN (a) The City Council may, in its sole discretion, and at any time, alter or change the structure, organization, programs or activities of the Corporation, and it may terminate or dissolve the Corporation, subject to the provisions of paragraphs (b) and (c) of this Article. (b) The Corporation shall not be dissolved, and its business shall not be terminated, by act of the City Council or otherwise, so long as the Corporation shall be obligated to pay any bonds, notes, or other obligations and unless the collection of the sales and use tax authorized by Section 4B of the Act is eligible for termination in accordance with the provisions of Section 4B(i) of the Act. (c) No action shall be taken pursuant to paragraphs (a) and (b) of this Article or pursuant to paragraph (b) of Article Twelve of these Articles, in any manner or at any time that would impair any contract, lease, right, or other obligation theretofore executed, granted, or incurred by the Corporation. ' you will::note:tbat::'the above text gives t Council ulti "live or die" power over tl cc hued.exi e::df the oi p at itO Saeh AWItite power :: t4Mt Atif ti 16t iitte: id tl ham.of.a.fit ure c u it wlic s :.doing `will of the`people :However thCiaogitAgb dp`i tly'f o the statitte::atid fl t be a old d 5 ARTICLE TWELVE (a) No dividends shall ever by paid by the Corporation and no part of its net earnings remaining after payment of its expenses and other obligations shall be distributed to or inure to the benefit of its directors or officers, or any individual, private firm, or private corporation or association, except in reasonable amounts for services rendered. (b) If, after the close of any fiscal year, the board of directors shall determine that sufficient provision has been made for the full payment of all current expenses, together with all amounts payable on the contracts, agreements, bonds, notes, and other obligations of the Corporation, and that all of the terms, provisions, and covenants therein have been met, then any net earnings derived from sources other than the sales and use taxes collected for the account of Corporation pursuant to Section 4B of the Act thereafter accruing and lease payments received in connection with projects financed pursuant to Section 4B of the Act shall be paid to the City. All sales and use taxes collected for the account of the Corporation pursuant to Section 4B of the Act, and lease payments received in connection with projects financed pursuant to Section 4B of the Act shall be used solely for the purposes permitted by Section 4B of the Act. (c) If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal, or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City after satisfaction or provision for satisfaction of all debts, claims, and contractual obligations, including any contractual obligations granting rights of purchase of property of the Corporation. (d) No part of the Corporation's activities shall consist of the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in any political campaign of or in opposition to any candidate for public office. ARTICLE THIRTEEN The City has specifically authorized the Corporation by resolution to act on its behalf to further the public purposes stated in said resolution and in these Articles of Incorporation, and the City has by said resolution approved these Articles of Incorporation. A copy of said resolution is on file among the permanent records of the City and the Corporation. 6 INCORPORATORS James D. Swartz Ortie Messenger Reta Allen Steven R. Wright ACKNOWLEDGEMENT STATE OF TEXAS ) ) ss: COUNTY OF COLLIN ) I, the undersigned Notary Public of the State of Texas, do hereby certify that on this day of June, 1994, personally appeared before me James D. Swartz, Ortie Messenger, Reta Allen, and Steven R. Wright, who, each being by me first duly sworn, severally declared that they are the person who signed the foregoing document as incorporators, and that the statements therein contained are true and correct. Notary Public 7 City of Wylie AGENDA COMMUNICATION Legal Steven P. Deiter SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. ,, SUBJECT 6-10-94 Institution Of Annexation Proceedings SUMMARY OF SUBJECT: The Council has previously directed staff to identify certain tracts for possible annexation into the City. Specifically those tracts which are either adjacent to the City and would square off the City boundaries or those which are presently "islands" surrounded by the City but not part of the City. The Council needs to determine which properties it desires to have annexed into the City and then adopt an ordinance providing for public hearings concerning the proposed annexations. Adoption of the proposed ordinance(s) does not obligate Council to annex the property, but rather is the first step in consideration of possible annexation. ALTERNATIVES: (1) Adopt ordinance instituting annexation proceedings for all or part of identified tracts (2) Determine not to institute annexation proceedings for any properties at this time. ACTION REQUESTED: Staff recommendation is for Council to institute annexation proceedings on identified properties by adoption of ordinance requiring public hearing on the proposed annexations. MEMORANDUM TO : City Council , FROM: Steve Deiter SUBJECT : Annexatio Proceedings DATE : June 10 , 19 ' 4 ****************************************************** ************************** At the request of the Council the Staff has identified approximately 17 different tracts for possible annexation into the City. The tracts are situated so that at least a portion of their boundaries already touch the City boundary. For the most part annexation of the identified tracts (see attached list) will have the effect of removing "donut holes" which are presently in the area of the City but not within the City Limits and/or squaring off boundaries. In addition to the subject tracts the City Manager has identified several other tracts for possible annexation. These additional tracts are not included for possible action on the June 14, 1994 agenda as I do not have sufficient description and background on them to go forward at this time. However, if Council deems it appropriate to pursue annexation of some or all of these additional tracts I will obtain such information and place it on the agenda for the next Council Agenda. Generally speaking the proposed annexation proceedings may be broken down into the following five steps: 1) Determine which tracts are to be annexed 2) Passage of Ordinance calling for two public hearings and ordering preparation of service plan 3) Publication of notice of hearing for each of the two public hearings (notice must be give not less than 10 nor more than 20 days before the hearing) 4) Hold public hearings (both must hearings must take place within the window of at least 20 days prior but not more than 40 days before consideration of annexation ordinance) 5) Adoption of annexation ordinance Items 1 and 2 are before the Council for consideration at this time. Thus the Council needs to consider if it desires to institute proceedings for all part of the identified tracts at this time. Once a decision is made as to which tracts should be annexed the Council needs to pass an Ordinance ordering two public hearing and a services plan for each such tract. I have included a sample of the ordinance for your review and consideration. Assuming the Council determines to go forward with annexation of at least some of the tract and passes ordinances the notices of the hearings would be published and the hearings (on two separate dates) held not less than 10 nor more than 20 days after the notices, and not less than 20 days nor more than 40 days before consideration of the annexation ordinance. Practically speaking this means that the notices will be published June 22 and 29, with the actual hearing being held on July 5 and July 12. Assuming this schedule the Council could then consider and pass an actual annexation ordinance at its July 26 meeting. The schedule is somewhat rigid once it is began (that is the notices are published). However, if the above schedule is not agreeable to the Council institution of the proceedings may be delayed. I would note that most of the staff input and work on annexation proceedings, particularly that required by me, is done at the beginning and the only action required by me after the hearings is preparation of the annexing ordinance. This matter is placed on the agenda in a manner which will allow as much discussion and inquiry as the Council deems appropriate. Should any of you have any questions or concerns on the matter which you would like addressed prior to the meeting please advise. cc: Steve Norwood B Thanks 0 2 TRACTS IDENTIFIED FOR ANNEXATION a) S. Ballard St. North of Fire Station; Abst. 23, Tr. 32, 0.50 a. b) S. Ballard St. North of Fire Station; Abst. 23, Tr. 33, 0.50 a. c) NW Corner of Brown and W.A. Allen (Eubanks); Abst. 688-5, Tr. 115, 1.995 a. d) E. Brown Next to Shiloh Baptist Church; Abst. 688-4, Tr. 107, 1.115 a. e) Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tr. 71, 2.08 a. f) Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tract 73, 1.699 a. g) Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 10. 1.717 a. h) Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 2 and 3, 5.367 a. i) W. Brown at Nortex Nursery, Abst 266, Tr. 18, 1.0 a. j) SW Corner of Brown and Carriage House, Abst. 266, Tr. 5, 1.052 a. k) W. Brown W. of Nortex Nursery, Abst. 266, Tr. 13, 17, and 20, 1.3 a. 1) W. Brown W. of Nortex Nursery, Abst. 266, Tr. 7, .78 a. m) S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 15, 1.071 a. n) S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 6, 6.3 a. o) FM 544 N. of Steel Industrial Park; Abst. 835, Tr. 7, 3.06 a. p) FM 544 W. of Hooper Business Park; Abst. 835, Tr. 8 and 10, 7.96 a. q) SW Corner of FM 544 and Hooper Rd.,; Abst 835, Tr. 12, 5.42 a. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON A PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY; AUTHORIZING AND DIRECTION THE MAYOR TO NOTIFY THE PUBLIC OF SUCH HEARINGS BY PUBLICATION OF NOTICE THEREOF; AND ORDERING THE PREPARATION OF A PLAN FOR SERVICES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That a public hearing concerning the proposed annexation of the following described property, to wit: be held on the day of , 1994 at o'clock p.m., in the City Council Chamber of the Wylie Municipal Complex at 2000 N. Hwy 78, Wylie, Texas, and all interested persons shall have the right to appear thereat and be heard concerning the proposed annexation. SECTION II That a second public hearing concerning the proposed annexation of the above described property be held on the day of , 1994 at o'clock p.m., which said second hearing shall be held at the same location as the first, unless more than 20 adult residents of the said area file a written protest of the annexation with the secretary of the City writing 10 days after the date of the publication of the notice as hereinafter required, in which case the said second hearing shall be held on the premises of the above described property. 1 SECTION III The Mayor, or his designee, is hereby authorized and directed to cause notice of such hearings to be published in the official City newspaper not more than twenty days nor less than ten days prior to the date of such hearing, in accordance with the Chapter 43 of the Texas Local Government Code (LGC). SECTION IV The City Staff is directed to prepare a services plan for the above described area, making provision for the extension of full municipal services to the area and further providing the methods by which services shall be extended, and meeting all requirements of Section 43.056 of the LGC. SECTION V Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION VI This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of June, 1994. James D. Swartz Mayor 2 ATTEST: Mary Nichols City Secretary Approved: Steven P. Defter City Attorney 3 MINUTES OF THE WYLIE CITY COUNCIL DUNE 14, 1994 CALL TO ORDER Mayor Swartz called the meeting to order with the following Council members present: Reta Allen, John Mondy, Bobby Jennings, Ortie Messenger, Steve Wright and Cleo Adams. ACTION ITEMS 1. Consider and approve minutes of May 24, 1994 Council Meeting. A motion was made by Ortie Messenger and seconded by Reta Allen to approve the minutes as submitted. Motion passed all, in favor(7 votes). 2. Consider request of TU Electric for amendment to existing tariff and take appropriate action, including adoption of ordinance in accordance with action taken. Darrell Prcin of TU Electric explained the rate changes and the four(4) types of service rates that would be added. A motion was made by Steve Wright and seconded by Cleo Adams for an amendment to the existing tariff. Motion passed, all in favor(7 votes). 3. Consider approval of change orders No. 1 and No. 2 for Holland Hitch Sewer Project and 1st Street Water Main Improvements and take appropriate action. Steve Norwood advised the Council of additional concrete expense and of extra costs of putting in sewer line on Eubanks, hence the change orders. A motion was made by Reta Allen and seconded by John Mondy to approve the change orders. Motion passed, all in favor(7 votes). 4. Consider amendment to Section 19 of Zoning Ordinance to allow "light fabrication and assembly" as a permitted Use in B-2 Business Zoning and adoption of amending ordinance or other appropriate action. Steve Norwood explained that this item had been tabled at the last meeting and Steve Deiter had answers to their previously posed questions. Mr. Deiter explained that the legality of the statement itself would hold in court. He, also, explained that the concerns over the environmental impact these "light fabrication" business would have were not significant, therefore, the classification of"light". A motion was made by Steve Wright and seconded by Bobby Jennings to amend the zoning ordinance to allow light fabrication and assembly as a permitted use in B-2 Business Zoning. Motion passed, all in favor (7 votes). 5. Discuss and consider bank depository contract and take appropriate action. Brady Snellgrove advised the Council of the contract bid from American National Bank and explained any differences of the new contract with the current one that is about to expire. A motion was made by Reta Allen and seconded by Bobby Jennings to award the bank depository contract to American National Bank. Motion passed, all in favor(7 votes). p. 2 6. Discuss and consider adoption of resolution relative to Wylie Park and Recreation Facilities Development Corporation. Steve Norwood advised the Council that if the Wylie Park and Recreation Facilities Development where to be incorporated they could act on behalf of the City to futher public purposes. A motion was made by Ortie Messenger and seconded by John Mondy to adopt the resolution relative to Wylie Park and Recreation Facilities Development Corporation. Motion passed, all in favor(7 votes). 7. Discuss and consider institution of annexation proceedings for seventeen (17)tracts and adoption of ordinance(s) providing two public hearings on issue of annexation and ordering preparation of service plan. Steve Deiter advised the Council on how notices would be sent and that it would be one ordinance with the tracts attached. A motion was made by Bobby Jennings and seconded by John Mondy to institutionalize the annexation proceedings. Motion passed, all in favor(7 votes). STAFF REPORTS Steve Norwood addressed the Council and advised them that sales tax reports were down 10% but last months percentage was very high and this may be a balancing out. Overall, even with this decrease, the percentage are still above last years. Mr. Norwood also said that the City would soon be striping the area around Ballard, Oak and Jefferson due to poor visibility, especially at night. CITIZEN PARTICIPATION Howard Menkin of the Dallas County Baha'i Faith Organization explained their goals of racial unity and extended his help if the City of Wylie ever needed such assistance. EXECUTIVE SESSION Council adjourned into Executive Session under 551-074, Government Code to discuss appointments to the following boards: Development Corporation Board Planning and Zoning Commission Parks and Recreation Board Library Board Zoning Board of Appeals Ambulance Advisory Board P. 3 APPOINTMENT OF MEMBERS TO DEVELOPMENT CORPORATION BOARD Upon reconvening into regular session, the Council appointed Tim Robinson to the Development Corporation Board unanimously. The Council, also, appointed Irene Messenger with a vote of four (4) /three (3); Swartz, Mondy and Allen opposed. APPOINTMENT OF MEMBERS TO PLANNING AND ZONING BOARD The Council re-appointed Bart Peddicord and Mike Hawkins unanimously. Cecilia Wood and Tim Owens were appointed unanimously to fill spaces opened by persons now currently serving on the City Council. APPOINTMENT TO PARKS AND RECREATION BOARD The Council re-appointed Janice Neely unanimously. They, also, appointed Dan Tidwell to replace Aubrey Burroughs unanimously. The remaining position was tabled until the next meeting. APPOINTMENT TO LIBRARY BOARD Kathy Witherspoon and Jerri Smith were re-appointed unanimously. Charles Lewis, Beth Langford and Elizabeth Allen were selected as new members. Only Allen's appointment met opposition with one vote against from John Mondy. APPOINTMENT TO ZONING BOARD OF ADJUSTMENTS The Council re-appointed Marilyn Herrera and Michael Cole(alternate) unanimously. Steve Ahrens was appointed as new member unanimously. APPOINTMENT TO AMBULANCE ADVISORY BOARD The Council chose to table appointments to this board unti the next meeting. Respectfully Submitted: KOSt Mayor, Jim Swartz Kirsten Fresh Community Development Secretary