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09-13-1994 (City Council) Agenda Packet III • • • • • _. Wylie City Council Meeting September 13, 1994 Agenda Wylie City Council September 13, 1994 7:00 p.m. CALL TO ORDER INVOCATION - Reverend Al Draper PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Consider Approval of the Minutes of August 23, 1994 2. Consider Approval of a Resolution Naming the Week of September 25th as Wylie Pirate Week ACTION ITEMS 3. Discuss and Consider Approval of an Ordinance Adopting the 1994- 1995 Tax Rate 4. Discuss and Consider Approval of an Ordinance Adopting the 1994- 1995 Operating Budget 5. Discuss and Consider Approval of a Resolution Adopting Bylaws for the Community Services Development Corporation 6 Discuss and Consider Award of Bids for Tornado Rehabilitation Projects under Urgent Need Grant 7. Discuss and Consider Approval of an Interlocal Agreement with the City of Plano for Pesticide Service 8. Discuss and Consider Award of Fuel Bids 9. Discuss and Consider of an Ordinance Adopting the 1994 Uniform Mechanical Code 10. Discuss and Consider Appointment of Members to Animal Shelter Advisory Committee STAFF REPORTS (,(C-eGZ w' 7cov;1i i 7 ,t�i fr E i2C' j CITIZEN PARTICIPATION �; / 6 , - '- EXECUTIVE SESSION t 11. Hold Executive Session Under Article 551.074 of the Government Code to Consider Appointment of a City Attorney 12. Discuss and Consider Award of Contract for City Attorney Services ADJOURNMENT Poste i the y of September, 1994 _.N j Wylie City Council Agenda Communkatlon for September 13, 1994 4 consider Approval of the Minutes'of August 23, 1994 W lie Ci Counci Y [2.1 Eig¢nda Communication for September 13,' 1994 Consider RpprovaI of a Resolution Naming the Week of September 25th as Wylie Pirate Week ISSUE The week of September 25th is the week of Homecoming. The Wylie I.S.D. has requested the City of Wylie to declare this week Wylie Pirate Week with a resolution which sets out some of the Homecoming activities. STAFF RECOMMENDATION - Staff is recommending approval of the resolution. The Consent Agenda can be approved with a single motion. ATTACHMENTS Resolution declaring the week of September 25th as Wylie Pirate Week m Z6 -116—' -9-- 4,,e_, 423R:S—< Submitted By Approve By RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS DECLARING THE WEEK OF SEPTEMBER 25, 1994, AS WYLIE PIRATE WEEK WHEREAS, the Wylie Homecoming week has been established by the Wylie I.S.D. as the week of September 13, 1994, and WHEREAS, the City of Wylie supports the Wylie I.S.D. 's youth and teen programs, and WHEREAS, the Homecoming dance on September 30th and the Bonfire on September 26th are sure to encourage school spirit as well as community spirit. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Wylie,Texas that the week of September 25, 1994 is hereby declared: W YL II-, PIRATE WEEK and all adults and students are encouraged to have a fun and safe Homecoming! DULY PASSED AND APPROVED on this the 13th day of September, 1994. Jim Swartz, Mayor ATTEST Li Wylie City Council Agenda Communication for September 13, 1994 Discuss and Consider Approval of an Ordinance adopting the 1994-1995 Tax Rate ISSUE An ordinance fixing the tax rate/levy for 1994 and for the Fiscal Year 1994-1995 Budget: The „_ Tax Rate proposed is for Sixty-three and one-half cents (0.635) per $100 of assessed value. BACKGROUND - The proposed tax rate/levy for this budget year is the same as last year's tax rate. _ FINANCIAL CONSIDERATIONS This tax ordinance will generate new levies of $1,660,410 to the General Fund and $346,690 to t- the Debt Service Fund. LEGAL CONSIDERATIONS The adopted Fiscal Year 1994-1995 budget requires the support of this ordinance. ~- BOARD/COMMISSION RECOMMENDATION No formal actions were required from a city board or commission. STAFF RECOMMENDATION The staff is requesting that the City Council adopt the proposed 1994 Tax Rate and Levy Ordinance as submitted. ATTACHMENTS Tax ordinance. s,,,,,/,‘,4,„ c_______---- &:„.,),,,, Prepitt.id by roved by ORDINANCE NO. AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR 1HE CITY OF WYLIE, TEXAS UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR 1HE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30, 1994, AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE I'HE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY;PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE;REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget for operation of the City for fiscal year 1995; and, WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax on tangible taxable property in the City of Wylie; and, WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and, WHEREAS, the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 1995; and, WHEREAS, notice of the proposed tax rate, as well as the effective tax rate has been published as required by law and the City has received no formal protest thereof; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 1HE WYLIE, TEXAS, as follows: SECTION I There is hereby levied for the fiscal year 1995 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D., 1993, except so much thereof as may be exempt by the Constitution of laws of the State of Texas, a total tax of Sixty-three and one-half cents (0.6350), on each One Hundred ($100.00) Dollars of assessed valuation on all of said property which said total tax herein so levied shall consist and be comprised of the following components: W 1 a) An ad valorem tax of and at the rate of Fifty Two and Five Hundred Thirty Two thousandths cents (0.52532) on each One Hundred Dollars ($100.00) of assessed valuation of said taxable property is hereby levied for the general city purposes and to pay the current operating expenses of said City of Wylie, Texas,for the fiscal year ending September, 30, 1995, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax of and at the rate of Ten and Nine Hundred Sixty-Eight thousandth cents (0.10968) on each One Hundred ($100.00) of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and retire the principal of the valid bonded indebtedness, capital lease payment, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the Interest and Sinking Fund of the said City of Wylie, Texas for the fiscal year ending September 30, 1995. SECTION III The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty interest, and all costs of collection, assessed, and levied hereby. SECTION IV Taxes are payable in Wylie, Texas at the Office of the Tax-Assessor Collector, Finance Department, Municipal Complex. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION V That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted and approved. SECTION VI 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. 2 SECTION VII 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 VIII 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 IX The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of September, 1994. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 Wylie City Council A9enda Communication for September 13, 1994 L'until Hold Public 'Hearing and Consider Approval of an Ordinance Adopting the 1994-1995 Operatin+ Budget ISSUE An ordinance of the City of Wylie, adopting a budget and appropriating resources for Fiscal-Year 1995, beginning October 1, 1994 and ending September 30,1995; repealing all conflicting ordinances; containing a severability clause; and providing for an effective date. BACKGROUND -- There are no proposed tax or rate increases for the respective General Fund or Utility Fund Fiscal Year 1994-1995 budgets. Although neither budget contains rate increases, the City of Wylie will continue to provide an exceptional high level of service to businesses and residents. FINANCIAL CONSIDERATIONS For all budgeted funds, the projected totals for revenues and expenditures are $7,108,630 and $7,008,910 respectively. Total revenues will exceed total expenditures by $99,720. The General Fund revenues and expenditures equal each other and there is no change to fund balance. The Utility Fund has a modest increase in fund balance (working capital) of$52,150 or nine percent. LEGAL CONSIDERATIONS A tax rate ordinance for the Fiscal Year 1994-1995 must be adopted to support this budget. BOARD/COMMISSION RECOMMENDATION No formal actions were required from a city board or commission. STAFF RECOMMENDATION It is recommended that the City Council adopt the Fiscal Year 1994-1995 budget as presented. ATTACHMENTS Budget ordinance and summary. Or e- Prep. by Approved by t.1,I OI b/TUt ' SUMMARY OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE i ' ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 1994/95 BUDGET r _ SPECIAL REVENUE FUNDS CAPITAL PROJECT FUNDS PROPRIETARY FUNDS GENERAL COMMUNITY ECONOMIC DEBT SERVICE STREET SERVICE UTILITY FLEET TOTAL FUND PARK DEVELOPMENT FUND FUND CENTER FUND REPLACEMENT ALL FUNDS BEGINNING BALANCES $568,530 $1,350 $752,640 $167,560 $53,460 $347,310 $554,250 $93,850 $2,536,950 REVENUES: Ad Valorem Taxes 1,748,430 0 0 365,070 0 0 0 0 2,113,500 Non-property Taxes 541,500 0 260,000 0 0 0 0 0 801,500 Franchise Fees 527,000 0 0 0 0 0 0 0 527,000 Licenses and Permits 120,000 0 0 0 0 0 0 0 120,000 Intergovernmental 59,000 0 0 0 0 0 0 0 59,000 Service Fees 440,500 25,000 0 0 0 0 2,380,500 102830 2,948,830 Court Fees 160,000 0 0 0 0 0 0 0 160,000 Interest a Miscellaneous Income 56,800 0 10,000 5,000 3,500 10,000 37,000 6,500 128,800 TOTAL REVENUES 3,653,230 25,000 270,000 370,070 3,500 10,000 2,417,500 109,330 6,858,630 Transfers From Other Funds 250,000 0 0 0 0 0 0 0 250,000 TOTAL AVAJIABLE RESOURCES 4,489,760 26,350 1,022,640 537,630 56,960 357,310 2,971,750 203,180 9,645,580 EXPENDITURES: General Government 1,629,230 0 0 0 0 0 0 0 1,629,230 Public Safety 1,182,780 0 0 0 0 0 0 33,000 1,215,780 Urban Development 194,160 0 0 0 0 0 0 20,000 214,160 Streets 620,570 0 0 0 0 0 0 13,000 633,570 Community Services 276,490 20,600 0 0 0 0 0 0 297,090 Utilities 0 0 0 0 0 0 1,500,740 13,000 1,513,740 Debt Service 0 0 0 427,730 0 0 614,610 0 1,042,340 Economic Development 0 0 82,000 0 0 0 0 0 82,000 Capital Outlay 0 0 0 0 31,000 100,000 0 0 131,000 Market Reserve 0 0 0 0 0 0 0 0 0 TOTAL EXPENDITURES 3,903,230 20,600 82,000 427,730 31,000 100,000 2,115,350 79,000 6,750,910 Transfers to Other Funds 0 0 0 0 0 0 250,000 0 250,000 ENDING FUND BALANCE $566,530 $5,750 $940,640 $109,900 _$'25,960 $257,310 $006,400 $124,180 $2,636,670 Total Revenues $7,108,630 Net Decrease(Increase)In Fund Balance (99,720) Total Appropriable Funds $7,008,910 $7,000,910 I ! ± ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 1995,BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABI ,ITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed Budget for operation of the City during for Fiscal Year 1995; and, WHEREAS, the proposed budget appears to be in a form and substance which fully complies with all applicable provisions of the City Charter and State law; and, WHEREAS, the proposed budget has been available for public inspection and review; and, WHEREAS, the City Council has this date conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and, WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget, and the revenues and expenditures therein contained, is in the best interest of the City and therefore desires to adopt the same by formal action; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the proposed budget of the revenue of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 1995. SECTION II That the sum of SIX MILLION EIGHT HUNDRED SEVENTY THOUSAND ONE HUNDRED FIFTY DOLLARS ($6,870,150) is hereby appropriated out to the General, Community Park,Economic Development,Debt Service,Landfill Closure,Service Center,Utility, and Fleet Replacement Funds for payment of Operation Expenses and Capital Outlay of the operation and administration of the City according to the various purposes and intents therein described. SECTION III That specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations form designated appropriations to any individual department or activity as provided in the City Charter. SECTION IV Should any paragraph, sentence, sub-divisions, clause,phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to law and the City Charter. SECTION VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of September, 1994. By Jim Swartz Mayor ATTEST: Mary Nichols City Secretary Wylie City Council .g Igend'a Communication for SQptember 13, 1994 # ual Discuss and Consider Approval of a Resolution adopting Bylaws for the Park and Recreation Facilities aavalopmQnt Corporation - ISSUE The purpose of this item is to approve adoption of Bylaws for the Wylie Park and Recreation Facilities Development Corporation BACKGROUND A Work Session was held on July 12 to discuss the development of the corporation's bylaws. The focus on much discussion during the Worksession was the appropriate role of the corporation. Staff presented a recommendation on this issue that was based on discussions with several cities that have adopted the 4B sales tax and have experiences with a functioning corporation board of directors. The important lesson learned from these cities is that the corporation's function should not duplicate the advisory role of present city council appointed boards. Doing so can create confusion and competing interests. The conclusion reached during the WorkSession was that there is no practical need to create a separate, independent group that would serve as another Library Board or Park and Recreation Board to advise the city council on like matters. City Council supported the recommendation that the existing Park and Recreation Board and Library Board continue to serve in their advisory role to the city council. Each Board's responsibilities would be broadened to include recommendation regarding the expenditure of the 4B sales tax funds. Based on funding priorities established by the City Council, a Multi-Year Capital Improvements Program, Multi-Year Financial Plan, Annual Program of Work and Annual Budget will be developed. These would be submitted to the City Council for consideration. The Capital Improvements Program will be reviewed by the City Advisory Board's responsible for the projects, and their recommendations will be made to the City Council. It is during the development process and approval of the Capital Improvements Program by the City Advisory Boards and the City Council that input from various interest groups, including senior citizens and any others, is most appropriate. The public's views should be well known before the City Council has considered the issues and - forwarded the programs to the Corporation Board for approval and implementation. If approved by the City Council, the role of the Wylie Park and Recreation Facilities Development Corporation (PRF) would then be to AUTHORIZE the expenditure of funds in the amounts and for the purposes set forth in the duly adopted budget. Attachment A highlights the Policy Guidelines proposed for the PRF. The proposed Bylaws establishes functions for city staff as officers in the corporation who will prepare the Capital Improvements Program, Multi-Year Financial Plan, and annual Corporation Budget. There was discussion during the Worksession regarding the composition of the Corporation Board. The pro osed Bylaws e abl s s that the Board will consist of four City Council members and thre -JAL Submitted By Ap ed By Citizenmembers. The Citizenmember appointees will include at least one member from the Park and Recreation Board, and one from the Library Board. There were opinions expressed that the Board should include a senior citizens representative. It is suggested that the more relevant issue is whether the senior citizen's interests are represented on the City's Advisory Boards. It is during the development process and approval of the Capital Improvements Program by the City Advisory Boards and the City Council that input from various interest groups, including senior citizens and any others, is most appropriate. FINANCIAL CONSIDERATIONS - A FY 1995 Corporation Budget will be presented for City Council consideration in December. As part of the City's FY 1995 Budget, a budget representing expected Corporation revenues will be adopted. Sales Tax revenues are forecasted to be approximately $250,000 in FY 1995. Meetings will be scheduled during the next two months with the City Council, Park and Recreation Board, and Library Board to develop specific spending priorities. These priorities will be the basis for development of the Corporation Budget, Capital Improvements Plan and Annual Program of Work. LEGAL CONSIDERATIONS The City Council approved by resolution the Articles of Incorporation for the Wylie Park and Recreation Facilities Development Corporation on June 14, 1994. The corporation is being formed (under Art. 5190.6 4B of VACS) as a result of the January 1994 Election to receive and administer the one-half cent sales tax authorized by the election. BOARD/COMMISSION RECOMMENDATION No formal actions were required from a city board or commission. STAFF RECOMMENDATION It is recommended that the City Council approve adoption of the Wylie Park and Recreation Facilities Development Corporation Bylaws ATTACHMENTS -• Proposed Wylie Park and Recreation Facilities Development Corporation Bylaws Bylaws Highlights - Policy Guidelines and Functions ATTACHMENT B WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION _ POLICY GUIDELINES AND FUNCTIONS The Corporation Bylaws have been structured within the framework of the Development Corporation Act of 1979, Section 4B (2). The Bylaws and Articles of Incorporation can only be amended with the approval of the City Council. The Corporation Board will consist of four City Councilmembers and three Citizenmembers. At least one of the Citizenmembers must be appointed from the Park and Recreation Board, and one from the Library Board. The Corporation Board will chose from among it's members a Chairman of the Board and a Vice Chairman. The Corporation Board will receive its direction from the City Council. All recommendations originating at the staff level will go through the City Manager's Office and then to the City Advisory Boards and City Council for _ action before they are forwarded to the Corporation Board for approval. The Corporation will interact with staff through the City Manager's Office (President and Vice-President). The Park, Recreation and Library Capital Improvements Program (CIP) will be reviewed and updated annually and will act as the work program for the Corporation Board. The Program will be reviewed by the City µ- Advisory Boards responsible for the projects, and their recommendations will be made to the City Council. It is during the development process that input from various citizen interest groups is most appropriate. The City Council will approve the CIP and forward it to the Corporation Board for implementation. The President will submit for City Council approval a Multi-Year Financial Plan that will serve as a guide to the Corporation Board for the issuance of debt and the funding of approved projects. The City Council will approve all bond sales, and the primary responsibility of the Corporation Board will be to issue debt and authorize funding for projects. x._ Project costs contained in the CIP shall include construction, materials & supplies, personnel, and indirect overhead charges. By September 30th of each year, the Board will adopt an annual Corporation Budget that has been approved by the City Council. All new program fees derived from the funded projects will be applied to the maintenance and operations of the projects that generated the funds. BYLAWS OF WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION ARTICLE I PURPOSE AND POWER Section 1. Purpose. The Corporation is incorporated for the purposes set forth in Article Four if its Articles of Incorporation, the same to be accomplished on behalf of the City of Wylie, Texas (the "City') as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979, as amended, Article 5190.6, Vernon's Ann. Civ. St., as amended, (the "Act"), and other applicable laws. Section 2. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed by Section 48 of the Act, and shall have all powers set forth and conferred in its Articles of Incorporation, in the Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. ARTICLE II BOARD OF DIRECTORS Section 1. Powers, Numbers and Term of Office (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the "Board") under the guidance and direction of the Wylie City Council and, subject to the restrictions imposed by law, by the Articles of Incorporation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council (the "City Council") of the City and must be residents of the City of Wylie. Each director shall occupy a place (individually, the "Place" and collectively, the "Places") as designated herein. Places 1-4 are designated for the City Page 1 of 9 Councilmember Directors and Places 5-7 are designated for Citizen Boardmembers, of which at least one of the members will be appointed from the Park Board, and one member appointed from the Library Board. These appointments will be classified as citizenmember directors. (c) The directors constituting the first Board shall be those directors named in the Articles of Incorporation. Successor directors shall have the qualifications, shall be of the classes of directors, and shall be appointed to the terms set forth in the Articles of Incorporation. (d) The Corporation Board will chose from among its members a Chairman of the Board and a Vice Chairman of the Board. The Chairman will preside at all board meetings and the Vice Chairman will serve in its absence of the Chairman. (e) Any director may be removed from office by the City Council at will. Section 2. Meetings of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation as specified in Article V of these Bylaws. Section 3. Notice of Meetings. (a) Regular meetings of the Board shall be held without the necessity of notice to the directors at such times and places as shall be designated from time to time by the Board. Special meetings of the Board shall be held whenever called by the Chairman of the Board, a majority of the directors, or by a majority of the City Council. (b) The secretary shall give notice to each director of each special meeting in person or by mail, telephone or by facsimile, at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a special meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. (c) Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if delivered to their home address in a sealed wrapper addressed to the person entitled thereto or by depositing same in a post office box in a sealed post-paid wrapper addressed to his or her post office address as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing or delivery. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds Page 2 of 9 that the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting need be specified in the notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 4. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meeting Act, Article 6252-17, Vernon's Ann. Civ. St., as amended. Section 5. Quorum. A majority of the directors shall constitute a quorum to conduct official business of the Corporation. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the _ Board and of the Corporation, unless the act of a greater number is required by law. Section 6. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. (b) At all meetings of the Board, the Chairman of the Board shall preside. In the absence of the Chairman, the Board Vice Chairman shall preside. (c) The chairman will be a voting member of the board. (d) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. Section 7. Committees of the Board. The Board may designate two (2) or more directors to constitute an official committee of the Board to exercise such authority of the Board. It is provided, however, that all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 8. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for their actual expenses incurred in the performance of their official duties as directors. Page 3 of 9 ARTICLE III OFFICERS Section 1. Titles and Terms of Office (a) The officers of the Corporation shall be a chairman and vice-chairman of the board of directors, a president, a first vice president, a secretary and a treasurer, and such other officers as the Board may from time to time elect or appoint. Terms of office shall be two (2) years with the right of an officer to be reappointed. The Board shall select from its members a Chairman of the Board and a Vice-Chairman of the Board. (b) All officers shall be subject to removal from office at any time by vote of a majority of the City Council. (c) A vacancy in the office of any officer shall be filed by a vote of a majority of the directors and the City Council. Section 2. Powers and Duties of the President. The president shall be the chief operating executive officer of the Corporation, and, subject to the authority of the Board, the president shall be in general charge of the properties and affairs of the Corporation, and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments in the name of the Corporation. The City Manager of the City of Wylie shall be president. Section 3. Vice President. The vice president shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's absence or inability to act, in their respective order. Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. The Assistant to the City Manager shall be the first vice- president. Section 4. Treasurer. The treasurer shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation in accordance with these bylaws. when necessary or proper, the treasurer may endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank, banks or depositories a shall be designated by the Board consistent with these Bylaws. The treasurer shall see to the entry in the books of the Corporation full and accurate accounts of all monies received and paid out on account of the Corporation. The treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of his/her duties in such form and amount as the Board or the City Council may require. The Director of Finance of the City shall be Page 4 of 9 treasurer. All check writing authority will follow applicable City policies concerning authorizations, signatures and disbursements. Section 5. Secretary. The secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages,notes and other documents and instruments, except the books of account and financial records, securities, and such other books and appears as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. The City Secretary shall be the secretary. Section 6. Any assistant treasurer and any assistant secretaries may, at the option of the Board, be employees of the City and the legal counsel shall be the attorney for the City and he shall designate any other attorney needed by the Corporation. Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their official duties as officers. ARTICLE IV FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. Facilities Capital Improvement Plan (a) It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan" as adopted by the Wylie City Council. (b) In carrying out its obligations under section (a), the Corporation shall be authorized to exercise all rights and powers granted under the act, including, but not limited to Section 4B thereof. (c) The Board shall periodically submit reports to the City Council as to the status of its activities in carrying out its obligations under this Section. Page 5 of 9 (d) Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law. Section 2. Multi-Year Financial Plan (the 'Plan"). Prior to the beginning of the Fiscal Year, the president will submit a Multi-Year Financial Plan to the City Council for approval. The Plan will detail the utilization, investment and expenditure of funds and Debt scheduling for the Corporation. The Plan will serve as the financial guide for the corporation. The Board will approve the plan prior to the adoption of the Corporation's fiscal budget. Section 3. Annual Corporate Budget. Prior to the commencement of each Fiscal Year of the Corporation, the Board shall adopt a proposed budget of expected revenues from sources set out in Section 6 of this article and proposed expenditures for the next ensuing fiscal year. The budget shall contain such - . classifications and shall be in such form as may be prescribed from time to time by the City Council. The president shall submit the budget to the City Council for approval prior to submittal to the Board for final adoption. The projection of revenues and all expenditures in the annual corporate budget will follow the guidelines outlined in the Multi-Year Financial Plan as adopted by the Board and the City Council. The budget will include administrative overhead, expenses and debt service. Section 4. Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principals, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. (b) At the direction of the City Council, the books, records, accounts, and financial statements of the Corporation may be maintained for the Corporation by the accountants, staff and personnel of the City. (c) The Corporation, or the City if the option described in subsection (b) is selected, shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, auditing and accounting firm selected by the City Council and approved by the Board. Such an audit shall be at the expense of the Corporation. Section 5. Deposit and Investment of Corporation Funds. (a) All proceeds from loans or from the issuance of bonds, notes, or other debt instruments ("Obligations") issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance. (b) Subject to the requirements of contracts, loan agreements, indentures or other agreements securing Obligations, all other monies of the Corporation, if any, shall be Page 6 of 9 deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board, with City Council approval, shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds there from for use by and for the purposes of the corporation upon the signature of its treasurer and such other persons as the Board designates. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Department of Finance of the City. Section 6. Expenditures of Corporate Money. The sales and use taxes collected pursuant to Section 4B of the Act and proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, and the proceeds derived from the sale of Obligations, may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: (i) Expenditures from the proceeds of Obligations shall be identified and described in the orders, resolutions, indentures, or other agreements submitted for the approval by the City Council prior to the execution of loan or financing agreements or the sale and delivery of the Obligations to the purchasers thereof required by Section 7 of this Article; (ii) Expenditures that may be made from a fund created with the proceeds of Obligations, and expenditures of monies derived from sources other than the proceeds of Obligations may be used for the purpose of financing or otherwise providing one or more "Projects', as defined in Section 4B of the act. Expenditures shall be detailed in the Corporation's annual budget as approved by City Council and Board resolutions; (iii) All proposed expenditures shall be made in accordance with and shall be set forth in the Corporation's annual budget required by Section 3 of this Article or in contracts meeting the requirements of Section 1(d) of this Article. Section 7. Issuance of Obligations. No obligations, including refunding obligations, shall be authorized or sold and delivered by the Corporation unless the City Council shall approve such Obligations by action taken prior to the date of sale of the obligations. Page 7 of 9 ARTICLE V MISCELLANEOUS PROVISIONS Section 1. Principal Office. (a) The principal office and the registered office of the Corporation shall be the registered office of the Corporation specified in the Articles of Incorporation. (b) The Corporation shall have and shall continually designate a registered agent at its office, as required by the Act. Section 2. Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. Section 3. Seal. The Seal of the corporation shall be determined by the Board of Directors. Section 4. Resignations. Any director or officer may resign at any time. Such resignation shall be amended in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the Secretary. The acceptance of resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 5. Approval or Advice and Consent of the City Council. To the extent that these Bylaws refer to any approval by the City or refer to advice and consent by the City Council, such advice and consent shall be evidenced by one for the following; resolution, minute order or motion duly adopted by the City Council. Section 6. Services of City Staff and Officers. Subject to the authority of the City Manager under the Charter of the City, the Corporation shall utilize the services and the staff employees of the City. All requests for staff time or inquiries of Staff will be requested through the City Manager's Office. The Corporation shall pay reasonable compensation to the City for such services, and the performance of such services does not materially interfere with the other duties of such personnel of the City. Section 7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and the Articles of Incorporation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. Page 8 of 9 (b) The Corporation shall indemnify each and every member of the Board, its Officers and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. The attorney for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. ARTICLE VI EFFECTIVE DATE, AMENDMENTS Section 1. Effective Date. These Bylaws shall become effective upon the occurrence of the following events: (1) the approval of these Bylaws by the City Council; and (2) the adoption of these Bylaws by the Corporation Board. Section 2. Amendments to Articles of Incorporation and Bylaws. The Articles of Incorporation of the Corporation and these Bylaws may be amended only in the manner provided in the Articles of Incorporation and the Act. Page 9 of 9 RESOLUTION 94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE INITIAL BYLAWS FOR THE WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION WHEREAS, the City Council has heretofore authorized the creation of the Wylie Park and Recreation Facilities Development - ... Corporation (Parks Corporation) under the authority of Section 4B Art. 5190.6 Vernon's Annotated Civil Statutes (the Act) ; and, WHEREAS, pursuant to such authority the Wylie Park and Recreation Facilities Development Corporation was duly incorporated by virtue of having articles of Incorporation filed with the Secretary of State's office on the 17th day of June, 1994; and, WHEREAS, a proposed set of the initial By-laws, prepared in accordance with the Act, has been submitted to the City Council for their approval pursuant to Section 13 of the Act; and, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that the initial By-laws for the Wylie Parks and Recreation Facilities Development Corporation, in the precise form and text as set forth in Schedule A (which is attached hereto and fully incorporated herein by reference) be, and they hereby are, approved pursuant to Section 13 of Article 5190.6 of Vernon's Annotated Civil Statutes. BE IT FURTHER RESOLVED that the City Secretary shall provide a certified copy of this Resolution, including a complete copy of said Schedule A, to the secretary of the Parks Corporation for retention in the official corporate records of said corporation. DULY PASSED AND APPROVED by the Wylie City Council this 13th day of September, 1994. By James D. Swartz Mayor ATTEST: Mary Nichols wy��Q cif Council agenda Communication for September 13, 1994 Discuss and Consider Award of aids for Tornado Rehabilitation Projects under Urgent Need Grant ISSUE Under the terms of our urgent need grant, rehabilitation projects must be competitively bid. Bids have been received by Franklin and Doris Smith on the repairs to their replacement dwelling. BACKGROUND Mr. and Ms. Smith were awarded grant funds to upgrade their replacement dwelling and buy down the mortgage. Their home in Glen Knoll Mobile Home Park was totally destroyed and the replacement home was considerably smaller, not suitably equipped for Mrs. Smith's handicap and more expensive than their original dwelling. These repairs will be made and the balance used to make their mortgage more affordable. . . FINANCIAL CONSIDERATIONS The Smiths qualified for a maximum of $10,000 and with the repairs, they will still qualify for almost — $5700 in mortgage buydown. LEGAL CONSIDERATIONS You will notice that one project is not recommended to the lowest bidder: the electrical work. This is because the low bidder did not inspect the property prior to submission of his bid. Competitive bidding laws state that bids are to be awarded to the lowest "responsible" bidder. We do not consider an electrical bid without an inspection to be responsible. Normally, bid amounts this low would not require bidding at all, but the projects were bid under the terms of the grant. STAFF RECOMMENDATIONS Staff is recommending the bids be awarded as follows: Carpentry & Painting Daniel Ellis, Garland $2875.00 Electrical Ready Electric, Richardson $ 706.85 Carpet Carpet Mills of America, Garland $ 724.79 ATTACHMENTS Memo from Governmental Service Agency (our grant consultants) regarding bid tabulation Prepared By pproved By GSA GOVERNMENTAL SERVICE AGENCY, INC. August 18, 1994 Mary Nichols City Secretary City of Wylie Wylie, Texas 75098 Dear Mrs. Nichols: Today, I received the bids obtained by Mr. Franklin and Doris Smith on work sceduled on their replacement dwelling in order to bring it to the same standards as the their previous mobile home which was destroyed by the tornado last year. As you know, the Smith's were approved for$10,000 which would be used for improvements and to pay down their current mortgage. The repairs will be completed first and the remaining balance of the $10,000 will be applied to their mortgage in order to reduce their housing payments to the pre-tornado level. In reviewing the bids with the Smiths, I would recommend the bids be awarded by the City Council at their next meeting as follows: Carpentry& Painting Petty's Mobile Home Repair $3176.21 Daniel Ellis,Garland $2875.00* Electrical Gentry Electric, Richardson $680.00 Ready Electric, Richardson $706.85* Carpet Carpet Mills of America,Garland $724.79* Red Marron Floors, Inc., Piano $810.11 *Recommended for approval. Please note that I have recommended the higher bidder for the electrical work. This was based on the fact that Gentry Electric did not make an inspection of the property. The other firm actually made an inspection of the property before submitting his bid. The total cost is$4,306.64 leaving$5,693.36 to be applied to the mortgage. Upon approval of the bids by the City Council, please let me know so that I can make the necessary arrangements for the work. Sincerely, GOVERNMENTAL SERVICE AGENCY,INC. ?IL aa)73 David K. Lewis President 9500 Forest Lane, Suite 408 Dallas, Texas 75243 (214) 342-1892 Fax (214) 342-1896 Wylie City Council Lt. Agenda Comm unkatlon for September 13, 1994 Tee• Discuss and Consider Approval of an interiocai agreement with the City of Piano for Pesticide Service Issue The City of Plano has offered to assist the City of Wylie in mosquito control. In order for the City of Plano to provide this service outside of their city limits, an interlocal agreement is necessary. Background -- During the summer, the City of Wylie experienced an excessive amount of mosquito problems. This is primarily due to the heavy spring rains as well as an exceptionally wet July. The City of Wylie is not equipped, nor does it have the pesticides to effectively control mosquitos on contact or those in drainage ditches or creeks. Code Enforcement initiated efforts to work with the City of Plano to adequately address this problem. Plano has agreed to use their'fogger to kill mosquitoes on contact and would also be willing to spray creeks and drainage ways or supply the City of Wylie personnel with the pesticides. At this point in the year, it is probably too late to make a major impact on mosquitoes. However, this interlocal agreement will assist us in our efforts beginning next spring. Financial Consideration The City of Plano has graciously allowed us to take as much pesticide as necessary and will also provide fogging at no cost to the city. However, if our mosquito control efforts are to be successful next year, it will be necessary for the city to purchase some pesticides/chemicals next spring. The cost has not been determined at this point, but the cost would not be substantial enough to drastically effect any city department budget. Legal Considerations Steve Deiter, City Attorney has reviewed the interlocal agreement and has no concerns with the City of Wylie executing the attached agreement. Board Commission Considerations No board or commission considerations are necessary. Staff Recommendation Staff recommends approval of the interlocal agreement with the City of Plano for mosquito control for a period of one year. Attachments Interlocal agreement. AUG-17-1994 15:06 FROM CITY OF PLANO-HEALTH DEPT TO 94424302 P.02 \\\ .1)\1titi 4- O.,/ 4 THE STATE OF TEXAS ) \V-) COUNTY OF COLLIN INTERLOCAI. COOPERATION AGREEMENT FOR PESTICIDE SPRAYING SERVICE FOR THE CITY OF WYLIE THIS AGREEMENT is made and entered by and between the CITY OF PLANO, a home rule municipal corporation located in Collin and Denton Counties, hereinafter referred to as "Plano", and the CITY OF WYLIE, a home rule municipal corporation located in Collin, Rockwall, and Dallas Counties, Texas, hereinafter referred to as "Wylie". WHEREAS, Plano and Wylie are both engaged in the provision of governmental services, namely pesticide spraying, for the benefit of their citizens; and WHEREAS, Plano has equipment, material and personnel trained for pesticide spraying it wishes to make available to Wylie on a request for service basis as the same is available, and Wylie has an immediate need for same; and WHEREAS, the use of equipment, material and personnel in the provision of governmental services serves the public health and welfare, promotes efficiency and effectiveness of local governments, and is of mutual concern to the contracting parties; and WHEREAS, Plano and Wylie mutually desire to be subject to the provisions of V.T.C.A. , Government Code Chapter 791 WYL-PEST (8/5/94) AUG-17-1994 15:06 FROM CITY OF PLANO-HEALTH DEPT TO 94424302 P.03 Interlocal Cooperation Agreement for Pesticide Spraying Services for the City of Wylie Page 2 et seq. , the Interlocal Cooperation Act, and other applicable sections, statutes and contracts pursuant thereto; and WHEREAS, Wylie has current funds available to satisfy any purchases made pursuant to this Agreement. NOW, THEREFORE, Plano and Wylie, for the mutual consideration hereinafter stated, agree as follows: I. The effective date of this Agreement shall be the first (1st) day of Tie0.6674--- , 1994. II. The initial term of this Agreement shall be for a period of (114 months, beginning C Cif 1, 1994, to and through September 30, 1995. Thereafter, this Agreement may be renewed for successive additional one (1) year terms commencing on October 1 of each year and after approval by both parties, unless terminated by either Plano or Wylie as set forth below. III. Plano agrees to provide, on an as available basis, all equipment, personnel and materials for pesticide spraying for the City of Wylie; however, such pesticide spraying WL•►EST (8/5/94) AUG-17-1994 15:07 FROM CITY OF PLANO-HEALTH DEPT TO 94424302 P.04 Interlocal Cooperation Agreement for Pesticide Spraying Services for the City of Wylie Page 3 shall be limited to open public thoroughfares and public property, and shall not be to enclosed structures or private facilities. IV. • Wylie agrees to pay Plano an hourly fee of $ L' for spraying services performed by Plano. Such payment shall be made within thirty (30) days following receipt of invoice for services. V. • Notice as required by this Agreement shall be in writing delivered to the parties as follows: Plano Wylie Robert Galvan Steven P. Norwood Environmental Health Director City Manager City of Plano City of Wylie P.O. Box 860358 P.O. Box 428 Plano, Texas 75086-0358 Wylie, Texas 75098-0428 Telephone: 578-7143 Telephone: 442-2236 Fax: 578-7142 Fax: 442-4302 • VI. In the event of any default of any term(s) , this Agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this Agreement terminated. ""` HYL-P[ST ($/S/94) AUG-1?-1994 15:07 FROM CITY OF PLANO-HEALTH DEPT TO 94424302 P.05 Interlocal Cooperation Agreement for Pesticide Spraying Services for the City of Wylie Page 4 VII. This Agreement may be terminated at any time by either party giving sixty (60) days advance notice to the other party. In the event of such termination by either party, Wylie shall pay for all services up to the effective date of termination. VIII. Wylie agrees to defend, indemnify and hold Plano, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death) , property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by any negligent act or omission of Wylie, its officers, agents, employees or contractors, as a result of this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of Plano, its officers, agents, employees or separate contractors. In the event of joint and concurring negligence or fault of Plano and Wylie, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to Plano or VYL-PEST (8i5/94) AUG-17-1994 15:07 FROM CITY OF PLANO-HEALTH DEPT TO 94424302 P.06 Interlocal Cooperation Agreement for Pesticide Spraying Services for the city of Wylie Page S Wylie under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Ix. The Agreement represents the entire and integrated agreement between Plano and Wylie for pesticide spraying services and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. X. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and the Agreement is performable in Collin County, Texas. XI. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. HTL-PEST (8/5/94) AUG-17-1994 15:08 FROM CITY OF PLANO-HEALTH DEPT TO 94424302 P.07 Interlocal Cooperation Agreement for Pesticide Spraying Services for the City of Wylie Page 6 XII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. Wylie has executed this Agreement pursuant to duly authorized action of the City Council on _ , 1994. Plano has executed this Agreement pursuant to duly authorized City Council Resolution No. dated 1994. EXECQTED in duplicate originals this day of , 1994. CITY OF PLANO, TEXAS BY: Thomas H. Muehlenbeck CITY MANAGER P.O. Box 860358 Piano, Texas 75086-0358 APPROVED AS TO FORM: Gary F. Chatham, CITY ATTORNEY CITY OF WYLIE, TEXAS BY: Steven P. Norwood CITY MANAGER P.O. Box 428 Wylie, Texas 75098-0428 WYL-PEST (8/5/9►) AUG-17-1994 15:08 FROM CITY OF PLANO-HEALTH DEPT TO 94424302 P.08 Interlocal Cooperation Agreement for Pesticide Spraying Services for the City of Wylie Page 7 ACKNOWLEDGMENTS STATE OF TEXAS ) ) COUNTY OF COLLIN ) BEFORE ME, the undersigned authority, on this day personally appeared THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home-rule municipal corporation,_ known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF PLANO, TEXAS, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the day of , 1994 Notary Public in and for the State of Texas STATE OF TEXAS ) ) COUNTY OF ) BEFORE ME, the undersigned authority, on this day personally appeared STEVEN P. NORWOOD, City Manager of the CITY OF WYLIE, a home rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF WYLIE, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the day of , 1994. Notary Public in and for the State of Texas WTL-PEST (8/5/94) TOTAL P.08 *************** -IND. XMT JOURNAL- * ************* DATE AUG-17-1994 ***** TIME 16:56 ******** DATE/TIME = AUG-17-1994 16:51 JOURNAL No. = 11 COMM.RESULT = 0K PAGECS) = 008 DURATION = 00:04'55 FILE No. _ MODE = TRANSMISSION DESTINATION = 19132842871 RECEIVED ID = / 913 284 2360 RESOLUTION = STD -CITYOFWYLIE - *****************C FAX-900 V1. 12)** - - ***** - - ********* w � � CITY Y OF'" WYLIE P.O. Box 428 2000 Hwy. 78, North Wylie, Texas 75098 - AX Fax: 214/442 4302 Telephone: 214/442-8100 DATE: g / 7 Gj PAGES: 2 - ThieLz1,1, Cover- FROM: _ VI)tth1z ( TO: Cefijot z '/- z8'/ CO MENTS: r � _i1 - - •� - ! 4! ' u .• ,./4/AMONSIT AA .1001 14'. _' //. ! - ACE /, , Ail JIA 'ii 4 1 . AUG-17-1994 15:06 FROM CITY OF PLANO-HEALTH DEPT TO 94424302 P.01 P.O. Bar NO= Planar Use 7 a 2744244571 - MEMORANDUM FAX COVER SHEET FAX NUMBER (214) 578-7142 DATE: 812,767 - _ TO: ev � t C40D FAX NO. 2-- 4N2 SUBJECT: i .—^... ,.v.., FROM: 7or3 ( A. CITY OF PLANO, ENV. HEALTH OEPT. THERE SHOULD BE 7 PAGES FOLLOWING THIS COVER SHEET. IF YOU FAIL TO RECEIVE THE TOTAL NUMBER OF PAGES, PLEASE CALL (214) 578-7143 COMMENTS: .iP.A:11/1"4-•) cr ,- / At- A l t-ak GE • M:FAX-FORM 07/92 FROM : MISHLER LAW PHONE NO. : 913 284 2360 p02 INTERDEPARTMENTAL MEMORANDUM TO : Steve Norwood v ,pipp, FROM: Steve Lei ter\J I SUBJECT : Inter 7 oc : 7 Agreement For Pesticide Spraying DATE : August 18 , 1994 I have reviewed the proposed agreement between the City of Wylie and the City of Plano, whereby Plano will be providing pesticide spraying services for Wylie. Overall the agreement is fairly straight forward and provides a fair allocation of the duties, risks, and responsibilities between the two Cities. I would note paragraph VIII as an example the fair allocation as it provides that each City shall be responsible for any and all of its own actions. Most agreements of this type would attempt to have the benefiting party (Wylie) take all of the liability. I would also point out that the agreement represents that it has been approved by the Wylie City Council, thus it should be approved by the Council prior to its execution. I would also suggest that the various blanks in the agreement (price, effective date, term, etc.) be determined and written into the agreement before it is approved and signed. I make this last comment only to avoid the not too uncommon situation of having a signed agreement which is missing pertinent terms. I cannot recall a time when I reviewed an agreement for the City and didn't suggest at least one possible change. Maybe I have gotten soft since moving? Just kidding, the agreement is acceptable if it matches up with the terms which have been agreed upon by the City. Should you have additional COMMIS of require additional follow up on the matteL please do not hesitate to contact me. Thanks 0 1 Wylie City Council LI Agenda Communication for September 13, 1994 . 8 Discuss and Considar Award of Fuel Bids ISSUE Proposals have been solicited to provide a contract for the purchase of motor fuels utilizing an automated card access fuel dispensing system. The RFP was duly advertised in compliance with competitive bidding statutes and a proposal has been submitted by McCraw Oil Co. of Bonham. Council is requested to discuss and consider acceptance of this proposal. BACKGROUND When the City's underground fuel storage tanks were removed in January of this year, it was necessary to locate alternate sources of fuel for the City fleet. An ostensibly short term solution was arranged whereby fuel could be purchased at the Discount Bait Chevron facility using special cards provided for each vehicle. The distributor summarizes all charges in a monthly statement. This is not an ideal situation, since we are paying the full retail price (less any exempted taxes). Fuel is available only during the bait shop's normal business hours and the billing is erratic and cumbersome. The long range -�- plan was to enter into an agreement with AutoFuel Company under the terms of an existing contract with the City of Plano; and the Chevron arrangement was a strictly temporary measure to keep the fleet rolling until AFCO could install one of their automated systems at a site in Wylie. After months of stalling, it became apparent that AFCO was unable to comply with the piggyback provision of the Plano contract because our volume of fuel consumption did not justify the capital investment required. Staff feels that the City's best option at this point is to contract with a fuel distributor who can provide fuel at discount prices from an existing point of sale in Wylie. That is the purpose of this RFP. Aside from lower fuel costs, the primary requirements are an automated card accessed system which is accessible 24 hours a day and which provides a sufficiently detailed billing summary. The only local establishments that fit that profile are Hendricks Texaco and the new EXXON facility at Highway 78 and FM544. The RFP was sent to both vendors but only McCraw Oil, the EXXON distributor, submitted a proposal. They propose to provide the City, .th an EXXON Commercial Fleet Card account with a pricing structure of graduated discou s bas on monthly volume. The City fleet currently uses approximately 4,000 gallons uel per onth. t that volume, with the .5% accounting fee factored in, our net discount would e 2% off the pump pr. e. The automated pumps can be accessed using a fleet card embossed th the vehicle numb and department number. Each driver will also have an identification number whi will be enter in the system as part of the transaction. The monthly billing summary features numerous reporting capabilities which will be valuable not only from an accounting standpoint but also for fleet management purposes. This proposal complies in all respects with the intent and specifications of the RFP. STAFF RECOMMENDATION Staff recommends that Council accept the proposal of McCraw Oil Co. to provide an automated fleet card system for the purchase of motor fuels. ATTACHMENTS Proposal by McCraw Oil Company, Sample Reports 6-tiv\ AD1, CA/1'1.g _746 Prepared by A ved by City of Wylie REQUEST FOR PROPOSAL Automated Fuel Management Intent A. The City of Wylie is soliciting competitive proposals for a contract to provide for the Automated Purchase and Dispensing of motor fuels for the City's fleet of vehicles and heavy equipment. The City reserves the right to reject any or all proposals. B. The contract awardee shall provide an automated card access fueling system located at a retail fuel dispensing site within the corporate city limits of Wylie, Texas. The fuel dispensing system shall be accessible twenty- four hours a day, seven days a week. C. The contract shall be awarded on the basis of the following criteria. 1. Fuel cost, including all applicable accounting fees and/or service charges. 2. Convenience and accessibility of fuel site. 3. Quality of the monthly billing summary in terms of comprehen- siveness and utility of reporting and the facilitation of fuel cost accountability. D. The term of the contract shall be for one year, with an option for annual renewals or termination by either party with thirty (30) days written notice. II. Instructions to Proponents A. Proposals shall be sealed and clearly marked "Fuel Proposar and shall be submitted no later than 2:00 PM August 31, 1994 to: Purchasing Agent, City of Wylie P. O. Box 428 2000 SH 78 N Wylie, Texas 75098 B. All information requested in Section Ill must be provided in order for proposals to be considered. III. Proposal • A. Discount Price Structure Monthly Volume Discount Percentage 0 - 999 Gallons 1 1,000 - 3,999 Gallons 2 o/v 4,000 - 7,999 Gallons 2.5 8,000 - 9,999 Gallons 3 10,000 and up 3.5 B. List any accounting fees, set-up costs or service charges. 0.5% accounting fees, See attachment B for set up fee schedule C. The City is exempt from sales tax and federal excise tax. Any such exempted tax included in fuel prices must be credited on monthly statements or reimbursed monthly by the fuel distributor. Proponent shall state method of credit or reimbursement. Distributor will reimbursment on a monthly basis. Distributor will require a copy of-each months billing statement in order to tabulate the amount of tax needed to be refunded. D. Proponent shall attach a sample of monthly billing summary. Include detail on all standard reporting features, all optional reporting capabilities and any related service fees. See attachment D PROPOSAL SUBMITTED BY: McCraw Oil Company Company Name 2207 N. Center Address Bonham, Tx 75418 Phone No. 903/583-7481 Authorized Signature: L' 9 COMMERCIAL 111 ( )111{11014:i:11 I 'f I)4IIWIC: 1101)1)1 I The Commercial Products Report (CPR) gives the customer a detailed breakdown of credit card transactions for the entire fleet. The CPR is sorted by card number and provides a monthly total and year-to-date total for each card in the fleet. The customer may also have the CPR sorted by User I.D. fin�rliriCf Ilin A Company name and address—this will be the location where the CPR is sent B Statement date C Account number for the customer D Card number—embossed on the credit card E Special embossing—information customer designated for the card F Previous odometer—last odometer reading recorded for vehicle during the previous billing cycle G Transaction date—assigned at point of sale H Transaction number—assigned at point of sale I Retailer location where transaction occured J Grade of fuel purchased (A"+"indicates a manual ticket did not have the 71) information) K Method of purchase—full or self serve. (An"*"indicates method not determined) 3 L Gallons and dollar value of fuel purchase rn M Quantity and dollar value of oil purchased.if recorded as an oil purchase at the POS N Tire. Battery and Accessory purchase information—dollar value and type of purchase .� O Service value P Other product sales value—such as convenience items O Applicable Sales tax for transaction R Total dollar value of entire transaction S User I.D.—If customer has set up account to be prompted for user I.D.input T Mileage—Odometer reading recorded by customer at the time of purchase. Prompted for odometer at time of purchase U MPG—miles per gallon based on odometer reading at time of current purchase. and prior odometer reading ✓ Exception codes—reference end of CPR for code legend W Subtotal information for card for current billing period X Year-to-date total for card—At customer's option this number can be established as 12-month running total 3.1 AftAI;.rH rnEN E EXXON CARD - COMMERCIAL PRODUCTS REPORT EO(ON COMPANY,U.S.A.(a division of Exxon Corporation) _ P.O.Box 4808 Houston Texas 77210-4808 © P 0 BOX 1RPORATION O s,,,,,,r,•o.s * n Nib.. - APRIL 4,1993 123 458 789 0 WigAGliCaOs P M DA7Te•• , T j PURCHASE LOCATION FUEL OIL TM SERVICE OTHER T TOTAL USER ID MILEAGE MPG CODES MJMSE 1 • GALS AMOUNT 0T8 AMOUNT E AMOUNT NOTE 8CTH YOUR SOMMERCIAL ACCOUNT MONTHLY D*UNO STATEMENT AND COMMERCIAL PRODUCTS F EPORT ME INCLEDED IN THIS PACKAGE. THE S1WNO S'ATEMENT SHOWS TIE TOTAL MOUNT DUE EONON AND PAYMENT IS DUE H FULL UPON RPCE�P'TT. PLEASE SEE THE COMMERCIAL PRODUCTS REPORT FOR SUPPORIONG DETAIL ON EACH. PURCHASE. Q CARD 0001 V12345 0 +,*, 0 t PREVIOUS ODOMETER 588'0 "0 11/22 7082235 NC 87 II RIVERS' EDEN NC + • 15.0 20.01 2) 0 0 O 20.01 45314 58942 10.8 11/23 4973802 2415 MAPLE AVE BURLWTON NC S • 29.9 41.00 41.00 45315 59098 9.8 11/24 2702486 103 BOONE RD EDEN NC S • 28.2 37.50 37.50 45315 59204 8.5 Qt 11/27 2702475 103 BOONE RD EDEN NC 8 12.00 A 7.00 5.50 24.50 45315 59400 10.4 11/30 2702431 103 BOONE RD EDEN NC S • 31.6 42.00 42.00 2586542 59841 13.3 12J04 2702350 103 BOONE RD EDEN NC S • 32.7 43.51 43.51 0 • M 12/04 2702346 103 BOONE RD EDEN NC S • 25.1 33.30 33.30 12/09 E65181(240 CAROWINDS B FT MILL SC S S 23.7 31.00 31.00 12/19 E801802 103 BOONE RD EDEN NC S S 22.0 28.30 28.30 O 12/22 E821001 103 BOONE RD EDEN NC S S 37.8 48.50 48.50 12/30 E881001 103 BOONE RD EDEN NC 14.00 A 7.00 5.50 37.50 45208 01/04 E91180€ 103 BOONE RD EDEN NC S S 28.0 33.50 33.50 2586542 01/07 E941004 103 BOONE RD EDEN NC S S 33.7 43.40 43.40 45208 *CARD 0001 Sl8-TOTAL 388.9 507.52 6 28.00 14.00 11.00 558.52 2803 25.3 VID-TOTAL 386.9 507.52 6 28.00 14.00 11.00 558.52 2803 25.3 CARD 0002 1410-0100 C GARRET PREVIOUS ODOMETER:000800 11/24 2702501 VAN BUREN STADI EDEN NC P • 19.5 24.30 24.30 61652 14.2 11/27 2702484 103 BOONE RD EDEN NC 5 10.00 A 7.00 5.50 22.50 45314 61939 12.9 12/14 E561801 VAN BUREN STADI EDEN NC P S 17.8 22.00 2.97 .18 25.15 45315 82208 13.8 'CARD 0002 Sl B-TOTAL 37.3 48.30 5 10.00 7.00 5.50 2.97 .18 71.95 YTD-TOTAL 37.3 71.95 5 10.00 7.00 5.50 2.97 .18 71.95 CARD 0003 PREVIOUS ODOMETER:000000 12/01 2702420 103 BOONE RD EDEN NC + • 35.6 44.48 1 1.75 •Available Mp Sees berm.tl l brrbna with alacaarae cot IamlYarb PnOOUCTs MOQE tEA TYPE OQOE9 •*Rasa Dees used*4 sn Transaction dais Non Aval4bb E-EXTRA R-REGULAR F-FULL SERV T-TIRES L-LEADED RED P-PLUS S-SELF SERVE B-DATTERIES M-MPG EXCEEDS NORM D-DIESEL S-SUPREME A-ACCESSORIES . -NOT AVMLI.BLE I_SEE DETAIL 8:9243.92 1 1 t 1 1 3 E*(ON EXXON CARD - COMMERCIAL PRODUCTS REPORT E)0(ON COMPANY, U.S.A.(a dNIsion of Exxon Corporation) P.O.Box 4808 Houston Texas 772104480E XYX CORPORATION B,,,M,,,i 0iei Amount Number P 0 BOX 123 APRIL 4, 1993 123 458 789 0 TRASSACTIDN SALES R T DATE•• TICKET PURCHASE LOCATION O FUEL OIL Y TM SERVICE OTHER TSB S TOTAL USER ID MILEAGE MPG CODES NUMBER O . GALS AMOUNT OnAMOUNT E AMOUNT "e FULL SEIVICE F EPORT••• CARD 0008 1410-0200 S TERRY 11/25 E901802 504 2ND AVE NW CULLMAN AL P F 6.5 7.0 7.0 0 • MCD 12101 2669262 504 2ND AVE NW CULLMAN AL P F 8.5 10.00 10.00 0 • MCD 12/03 5813884 504 2ND AVE NW CULLMAN AL P F 11.1 12.00 12.00 0 • MCD 12/17 5250696 504 2ND AVE NW CULLMAN AL P F 8.8 7.30 7.30 0 • MCD CARD 0012 14410 3210 D HEWETT 11/30 2689343 504 2ND AVE NW CULLMAN AL R F 21.4 25.00 A 25.00 0 • MCD 12/01 5814056 504 2ND AVE NW CULLMAN AL R F 21.3 24.00 A 24.00 0 • MCD •AlYdeO or*tenor IeeeSen Nr1 balers.111 hioroNo ew lentil* PRODUCTS 1100E MA TYPE CODES **PROM Der led M.Ttnnolbn dew Nan,MRSO- E-EXTRA R.REGULAR F.FULL SERV T-TRES I.-LEADED REO P.PLUS S.SELF SERVE S.BATTERIES M.MPG EXCEEDS NOiMI D.DIESEL S.SUPREME A.ACCESSORIES • -NOT AVAILABLE /.SEE DETAIL 891b I 4 1 1 1 I 1 1 1 l.,I F'`� I o NIA 1 F.:C1)01- t E)KON EXXON CARD - COMMERCIAL PRODUCTS REPORT EXXON COMPANY, U.S.A.(a division of Exxon Corporation) P.O. Box 4808 Houston Texas 77210-4808 XYX CORPORATION Statement al. Account Number P 0 BOX 123 APRIL 4, 1993 123 456 789 0 TRAtbACIXN SALES P M T DATE•• TICKET PURCHASE LOCATION R p FUEL OIL Y TBA SERVICE OTHER SALES TOTAL USER ID MILEAGE MPG CODES NUMBER D E• GALS AMOUNT OTS AMOUNT E AMOUNT TAX CARD 0028 6484-6004 B RYAN ••'NO US ER ID*•• PREVIOUS ODOMETER: 0000000 11/24 5113743 504 2ND AVE NW CULLMAN AL + • 13.5 15.75 15.75 58942 17.9 M 11/25 2670113 504 2ND AVE NW CULLMAN AL + • 15.8 18.50 18.50 59098 36.6 M 12/02 5814255 504 2ND AVE NW CULLMAN AL R • 12.4 14.50 14.50 59204 18.2 M 12/04 5113415 504 2ND AVE NW CULLMAN AL + • 18.8 22.00 22.00 59400 19.6 M 12/08 5114576 504 2ND AVE NW CULLMAN AL + • 18.0 21.00 21.00 59641 68.4 M 12/09 5115773 504 2ND AVE NW CULLMAN AL + • 10.3 12.00 12.00 59745 19.0 M CARD 0029 6410-6000 J BECK PREVIOUS ODOMETER: 0000000 11/20 4549974 504 2ND AVE NW CULLMAN AL P • 18.3 19.00 19.00 0 • MCD 11/23 5114082 504 2ND AVE NW CULLMAN AL P • 11.1 13.00 28.00 0 • MCD 11/25 2670286 504 2ND AVE NW CULLMAN AL P • 12.8 15.00 15.00 0 • MCD 11/30 2669380 504 2ND AVE NW CULLMAN AL + • 9.4 11.00 11.00 0 • MCD CARD 0030 6410-6000 P VANCLEAV PREVIOUS ODOMETER: 0000000 11/20 4549941 504 2ND AVE NW CULLMAN AL + • 21.4 25.00 25.00 0 • MCD 11/24 5113850 504 2ND AVE NW CULLMAN AL S • 22.2 26.00 26.00 0 • MCD 11/30 2669332 504 2ND AVE NW CULLMAN AL P • 19.7 23.00 23.00 0 • MCD 12/02 5813824 504 2ND AVE NW CULLMAN AL + • 14.5 17.00 17.00 0 • MCD 12/03 5813824 504 2ND AVE NW CULLMAN AL + • 18.0 25.00 25.00 0 ' MCD 12/07 5115294 504 2ND AVE NW CULLMAN AL 69.00 •AvWWe only font Ioealan wIlh Iamb,*wRh•beto it mil ISnM&s mown; M44L TBA 1YK MU_ •*Prowess 0•q mil when Trrnr•ellen Ms No AwlrElo /.EXTRA R.REGULAR I.FULL unv T.TIRES I..LEADED REC P.PLUS I.In?SERVE I.BATTERIES IBA.YPO EXCEEDS NOM 0.DIESEL •.SUPREME A.ACCESSORIES ♦ .NOT AVAAASL• /.US DETAIL BIM C)P+lorvr \ I;` i-'ri; I EXXON CARD - COMMERCIAL PRODUCTS REPORT E ON EXXON COMPANY,U.S.A.(a division of Exxon Corporation) P.O. Box 4806 Houston Texas 77210-1808 XYX CORPORATION suan»m Dais Account Nunb.R P 0 BOX 123 APRIL 4, 1993 123 456 789 0 DATE** TICKET PURCHASE LOCATION 8S FUEL OIL P IBA SERVICE OTHER TAXES TOTAL USER ID MILEAGE MPG CODES NUMBER 0 E• GALS AMOUNT OTb AMOUNT E AMOUNT 1 •••MPG E)10EPTION••• CARD 0022 6487-6000 J DAVIS 11/23 2251734 HWY 64 EAST WAYNESBORO AL P • 14.3 17.00 17.00 57114 78.8 M 12/15 E921801 HWY 64 EAST WAYNESBORO AL P S 26.3 30.00 30.00 7643 10.4 M 01/08 E381805 HWY 64 EAST WAYNESBORO AL P S 16.7 19.00 19.00 7834 11.4 M CARD 0024 6487-6000 R SHERRILL PREVIOUS ODOMETER: 8000000 11/23 2442624 504 2ND AVE NW CULLMAN AL + • 23.0 26.88 26.88 90537 35.6 M 11/25 E901802 504 2ND AVE NW CULLMAN AL + • 21.0 24.55 24.55 90925 18.4 M 11/30 5114126 504 2ND AVE NW CULLAM AL + • 26.0 30.39 30.39 91250 12.5 M 12/01 2669262 504 2ND AVE NW CULLMAN AL + • 23.0 26.90 26.90 91667 18.1 M 12/03 5813684 504 2ND AVE NW CULLMAN AL + • 26.0 30.40 30.40 92030 13.9 M 12/08 5115994 504 2ND AVE NW CULLMAN AL + • 25.0 29.23 29.23 0 • MB 12/17 5250698 504 2ND AVE NW CULLMAN AL + • 25.0 28.24 28.24 93038 • MD CARD 0028 0484-6004 B RYAN 11/30 2669343 504 2ND AVE NW CULLMAN AL + • 17.5 20.46 A .85 20.48 79595 16.6 M 11/30 5814745 504 2ND AVE NW CULLMAN AL + • 9.0 10.55 10.55 79740 16.1 M 12/01 5814056 504 2ND AVE NW CULLMAN AL + • 10.0 11.70 A .85 15.00 11.70 79920 18.0 M 12/02 5813706 504 2ND AVE NW CULLMAN AL + • 11.0 12.90 12.90 80110 17.2 M 12/03 5813706 504 2ND AVE NW CULLMAN AL R • 11.0 12.90 12.90 80295 16.8 M •Av.M.bie oily hors Leeson with leaders win electronic era R.nldna. rRODUCrs MDDE TeA True ••Process D. used when TrwMoE.n de o Now Av.SelN E.EXTRA R.REGULAR F.RILL SERV T.TIRES I..LEADED REG P.PLUS S.SE.I SERVE S.BATTERIES I..IPO UCEMI NORI D.DIESEL S.SUPREME A.ACCESSORIES 8901 ♦ .NOT AVM.AI&L /.SEE DETAIL CV+ICIvr-.. M;tn-tA-Zl D E4 (ON EXXON CARD - COMMERCIAL PRODUCTS REPORT E)0(ON COMPANY.U.S.A.(a division of Exxon Corporation) P.O. Box 4808 Houston Texas 77210-4808 XYX CORPORATION s1iec,,,,,d pace Amara Number P O BOX 123 "NO MILEAGE" APRIL 4, 1993 123 456 789 0 mmucnot TALES R M FUEL OIL 1'� IRA SERVICE OTHER TSALES TOTAL USER ID MILEAGE MPG CODES TICKET PURCHASE LOCATION DATE•• O NUMBER p F. GALS AMOUNT OTs AMOUNT F AMOUNT ••' 10 MILEAGE' •• CARD 0001 1410-0100 C GARRET 12/04 5113533 504 2ND AVE NW CULLMAN AL + • 11.8 13.50 13.50 45314 0 • MCD 12/07 5112962 504 2ND AVE NW CULLMAN AL + • 11.5 13.40 13.40 45315 0 • MCD CARD 0002 '410-0100 R HOOPER 11/23 5114080 504 2ND AVE NW CULLMAN AL P • 13.7 18.00 18.00 45314 0 • MB 11/25 4911071 HWY 278&75 AL + • 9.7 11.00 15.00 11.00 45315 0 • MCB 11/30 2670284 504 2ND AVE NW CULLMAN AL + • 18.0 21.00 21.00 45315 0 • MCB 12/02 2889214 504 2ND AVE NW CULLMAN AL + • 13.7 18.00 31.00 45315 0 • MCB 12/03 4210851 HWY 278& 75 AL R • 19.4 22.00 22.00 25B8S42 0 • MCB 12/04 5814012 504 2ND AVE NW CULLMAN AL + • 18.8 22.00 15.00 45315 0 • MCB 12/07 5113522 504 2ND AVE NW CULLMAN AL + • 12.8 15.00 19.00 45315 0 • MCB 12/09 2110284 HWY 278&75 AL R • 18.3 19.00 17.50 45315 0 • MCB •MGM*orfy boat balm elf'bcolas FAN abL"Vie card Si'*nab maxims MQQE TBA TYPE **Preens Doe used when T. lan dais Nan AmiableAmiableEXT - Cd�F1 .. E. RA R.REGULARLL F.FU BEAU T.TIRE! L.LEADED REG P.PLUS S.SELF SERVE S.BATTERIES M.MPG EXCEEDS NORM 0.DIESEL ••SUPREME A.ACCESSORIES • .NOT AVASABLE f.SEE DETAIL BaSb 8 1 EI(ON EXXON CARD - COMMERCIAL PRODUCTS REPORT EXXON COMPANY, U.S.A.(a division of Exxon Corporation) P.O. Box 4808 Houston Texas 77210-4808 -■ XYX CORPORATION sI.I«nerrl o.n Amami Number PO BOX 123 APRIL4, 1993 1234587890 TwWeACnoN SALES P M T DATE** E TICKET PURCHASE LOCATION FUEL OIL TM NT SERVICE OTHER TSB S TOTAL USER ID MILEAGE MPG CODES NUMBER GALS AMOUNT 0T8 AMOUNT E AMOU •'•CTHER PRODUCTS PURC FUSED LISTING••• CARD 0001 11/27 2702475 103 BOONE RD EDEN NC 8 12.00 A 7.00 5.50 24.50 12/30 E881001 103 BOONE RD EDEN NC 14.00 A 7.00 5.50 37.50 CARD 0002 11100100 C GARRET 11/27 2702484 103 BOONE RD EDEN NC 5 10.00 A 7.00 5.50 22.50 12/14 E581801 VAN BUREN STADI EDEN NC P S 17.8 22.00 2.97 .18 25.15 'Av.Id.orM/ran baron W MM Madarw wen Hwnrio ord slornolo PRGrrT8 I RE._,._. IAA.IYP.E_ RpM—•'Proms Dow used st n Trrrocren dsi Non MellsIdo R.REGULAR I .FULL SERV T.TIRES U LEADEDEADE REO P.PLUS D.SELF SERVE II.BATTERIES II.MPG EXCEEDS NORM 8•SUPREME A.ACCESSORIES • •NOT AVAILABLE I.SEE DETAIL D87b i CUSTOMER WORKSHEET - COMMERCIAL CARD Date Customer Name: Number of Accounts: Existing Exxon Account: Mailing Address: Number of Cards(Per Account): Contact Date: City, State,Zip: Credit Line Requested$: Contact Name: Physical Address: Phone: Y/N Set Up Fee Monthly Fee Comments Amount Amount OPTIONS CPR Report N/A Alternate CPR address (St.Add.&P.O.Box) N/A No.of CPR copies 40' 12' $10 $.005/pg 12 Mo.Rolling vs.YTD totals N/A Consolidated Statement N/A Other N/A SPECIAL CARD FEATURES Special Embossing' (o -pi()i t I N/A Odometer Prompt "fES N/A Debit Feature NU N/A Single Station Card N p N/A Card User ID Prompt "MS N/A Sort by Card User ID No N/A New Page per Card }yp $10 $.005/pg Product Specification }.fib 1' Now N/A Credit Card PIN "I ES N/A Fuel and Oil only Nb't" NbUJ N/A MEDIA TRANSMISSION INTERNAL USE ONLY Tape N o N/A $10 Diskette '1 N/A $15 Cartridge N/A $10 EXCEPTION REPORTS MPG Exception }.1b $10 $5 No Mileage Exception 1. $10 $5 No Card User ID Exception i• $10 $5 Other Products Purchased $10 $5 Full Service Exception „ $10 $5 "Frequent Selections: Vehicle ID,Vehicle number,Branch office,Department name 1 3 1 f } t } t f 1 1 RECOMMENDED FLEET REPLACEMENT SCHEDULE Unit# Dept.-Description FY 95 FY 96 ' FY 97 FY 98 FY 99 FY 2000 FY 2001 201 P.D.- '92 Crown Victoria 15,000 202 P.D.- '92 Crown Victoria 15,000 15,000 15,000 203 P.D.- '94 Crown Victoria 15,000 15,000 204 P.D.- '93 Crown Victoria 15,000 15,000 205 P.D.- '93 Crown Victoria 15,000 15,000 206 P.D.- '93 Crown Victoria 15,000 15,000 207 P.D.- '91 Caprice 15,000 208 P.D.- NEW 15,000 15,000 15,000', 105 Fire- '94 Ford F350 106 Fire- '94 Ford F350 112 Fire- '94 Chev.Suburban 20,000 113 Fire- '89 Chev.2500 Utility 18,000 131 Code- '90 Dodge Dakota 10,000 134 Code- '90 Crown Victoria 10,000 251 Code- '90 Crown Victoria 10,000 175 Code- '89 Caprice 10,000 150 Parks- '93 GMC C2500 13,000 151 Parks- '94 F250 Ext. Cab 15,000 200 A/C- '86 Chev.C20 13,000 135 Water- '87 Ford F250 13,000 144 Water- '93 GMC Utility 16,000 160 Sewer- '85 Chev.K20 13,000 164 Sewer- '93 GMC Utility 16,000 I70 Streets- '85 Chev.C20 13,000 171 Streets- '94 GMC C2500 13,000 176 Streets- '94 Ford Dump Truck 177 Streets- '85 Int.Dump Truck 50,000 180 P.W.Admin- '94 F250 Ext.Cab 15,000 120 Fleet- '85 Impala 10,000 121 Fleet- '94 GMC Rally Van 16,000 122 Meter Svc- '93 Ford Ranger, 10,000 FIRE APPAR./HEAVY EQUIP: 107 Fire- '78 Chev.Engine * **** 108 Fire- '80 Chev.Engine * **** 111 Fire- '92 Sutphen Pumper * 143 Water- '88 JCB Backhoe * **** 163 Sewer- '81 Ford Pump Truck * 166 Sewer- '94 Jet Machine * 184 Streets- '79 G440 Gradall * 187 Streets- '85 Bomag Roller * 173 Streets- '94 JD Backhoe * 203 Parks- '84 JD Tractor * 204 Streets- '85 JD Tractor * Total Purchases 76,000 81,000 83,000 80,000 45,000 85,000 94,000 No Replacement Fees **** Projected Replacement Yr. NOTE: UNIT 201-Transfered from patrol to chief. UNIT 208-Additional patrol vehicle to replace 201. UNIT 130-Replaced with 1/2 ton truck. UNIT 251-Replaced with 1/2 ton truck, old unit transfered to fleet pool. I Wyfl City Councff Agenda Commontcatfon for September 13 1994 # , Discuss and Consider Approval of an Ordinance Adopting the 1994 Uniform Mechanical Code Summary The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, and maintenance or use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances within this jurisdiction. -= Background The Uniform Codes are reviewed and revised every three years. The 1994 Edition of the Uniform Mechanical Code was released this summer. The provisions of this code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to use or maintenance of any equipment or systems previously mentioned in the summary. Financial Considerations Three copies of the Uniform Mechanical Code were obtained at cost of $115.95. This expenditure will provide us with the most up to date version of this code for the next three (3) years. Legal Considerations The adoption and enforcement of the current model codes can only reduce the jurisdictions liability. Board/Commission Recommendations No recommendation is necessary from the Construction Code Review Board. Their role is to serve as an appeal board to individuals protesting certain provisions and construction code requirements. Staff Recommendations Staff recommends adoption of the Uniform Mechanical Code, 1994 Edition with an effective date of January 1, 1995. The delayed effective date will allow not only builders but staff to become more familiar with the new format incorporated into the 1994 Edition. Attachments - Proposed ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,ADOPTING THE 1994 EDITION OF THE UNIFORM MECHANICAL CODE, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has adopted the 1988 Edition of the Uniform Mechanical Code, as the same appears in Section 6 of Chapter 3, of the Wylie City Code; and, WHEREAS, an updated version, known as the 1994 Edition of the Uniform Mechanical Code has been promulgated for use by municipalities and other entities; and, WHEREAS, the building official for the City has reviewed the 1994 Edition of the Uniform Mechanical Code and recommends adoption of the same by the City of Wylie; and, WHEREAS, the City Council has determined in its legislative capacity that adoption of such code futhers the best interest of the City; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I Section 6.01 of Chapter 3 of the Wylie City Code, be, and it hereby is, deleted in its entirety and the following provision substituted therefore: "6.01 Uniform Mechanical Code The'Uniform Mechanical Code', 1994 Edition, published by the International Conference of Building Officials, one (1) copy of which is on file in the Building Official's office is hereby adopted." 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 the Wylie City Code as set forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended. SECTION III That Section 6.01 (inclusive) of Chapter 3 of the Wylie City Code (being the codified version of Ordinance 88-32) is hereby repealed, as is Ordinance 88-32. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from January 1, 1995 after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1994. By James D. Swartz Mayor ATTEST Mary Nichols City Secretary Approved Steven P. Deiter City Attorney Wylie City Council #10 �ig¢nda Communication for' September 13, 1994 Discuss and Consider appointment of Members to the animal Shelter 'advisory Committee ISSUE Council is requested to appoint an Animal Shelter Advisory Committee, as required by the Texas Health and Safety Code. BACKGROUND The following is excerpted from Chapter 823 of the Texas Health and Safety Code which deals with the regulations of animal shelters. 823.005 Advisory Committee (a) The governing body of a county or municipality in which an animal shelter is located shall appoint an advisory commit-tee to assist in complying with the requirements of this chapter. (b) The advisory committee must be composed of at least one licensed veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter, and one representative from an animal welfare organization. (c) The advisory committee shall meet at least three times a year. Acts 1989, 71st Leg., ch 678, 1, eff. Sept. 1, 1989 STAFF RECOMMENDATION Staff recommends that Council appoint an animal shelter advisory committee. The following individuals have been contacted, are willing to serve and are recommended for consideration as appointees: Michelle Glover, DVM Russell Wyman, City Building Official Jim Holcomb, Purchasing Agent/ Animal Control Supervisor Brett Callais, Animal Control Officer Joan Hamilton, SPCA of Texas nr" coMS r _rC'- Prepared by Approved by .e. • Wylie C_milimiummimimility Council Lmi#11 agenda Communication for September 13, 1994 ISSUEISSUE Executive Session Regarding Appointment of City Attorney - ISSUE Upon the resignation of our in-house attoney, Steve Deiter, Council discussed hiring an independent firm to represent the cities. Two firms have submitted proposals - Cowles & Thompson and Hutchison, Boyle, Brooks & Fisher. These two firms will be present Tuesday night for Council interviews. BACKGROUND Copies of both firms' proposals are submitted for Council's review. These proposals detail their individual qualifications and backgrounds. This is a Council-appointment, and while staff is certainly willing to give input and answer questions of Council, we will not be making a recommendation at this time. Submitted By Approved By ..�� vc 1J:'� 1J' 1V OI V 11VV r,Q . LG COWLES & THOMPSON PUBLIC LAW SECTION Submitted to: (Sty of Wylie. Texas September a 1994 THE FIRM Cowles & Thompson is a statewide, full service law firm of over 100 attorneys. Recognized as one of the premier litigation firms in Texas with a progressive and expanding business and public law practice,the firm is committed to excellence through _- the timely and efficient delivery of quality legal services. The firm has offices in Dallas, Sherman, Temple, and Tyler. Cowles & Thompson has in place the people, tools, resources, and systems for the delivery of excellent legal service in any part of the State. Cowles&Thompson is widely known for its litigation and appellate expertise, most notably in the areas of municipal law, eminent domain, medical malpractice, aviation, products liability, insurance, and commercial law. Other areas of practice include corporate, real estate, tax, trust and probate, banking, oil and gas, construction, bankruptcy, and professional representation. The firm has one of the most comprehensive and sophisticated insurance practices in the State, offering not only litigation services, but also coverage analysis. �- �c-177`+ l.i• 17 _JwIG: i n ,q lr�Ufv `1- O i tJ r.t74i 1G THE PUBLIC LAW SECTION Cowles &Thompson counsel have handled the needs of numerous municipalities and government agencies throughout the State of Texas. The Public Law Section is headed by Kenneth C. Dippel, Pete Eckert and John M. Hill, who are considered valued resources in the fields of general municipal law, inverse condemnation, eminent domain, contract disputes, zoning ordinance construction, and actions involving municipal -- personnel. The firm has widespread experience in Tort Claims Act litigation and civil rights actions. Hardy E. Thompson, Cowles & Thompson's managing shareholder, assists the Public Law Section in its responsibilities and representation. Also assisting the Public Law Section is Cowles & Thompson shareholder Melissa J. Pegram. who has handled numerous personnel issues for cities. G. Michael Gruber, another shareholder in the Public Law Section and former DeSoto city council member, has tried numerous lawsuits on behalf of municipalities and has worked on major special projects for the Public Law Section. Cities and agencies which have been represented by members of the Public Law Section include: the Cities of Dallas, Fort Worth, Addison, Kaufman, Rockwall, Farmers Branch, Irving, Southlake, Garland, Coppell, Flower Mound, Rowlett, Grapevine, Trophy Club, Lakewood Village, Heath, Highland Village, Corsicana, Payne Springs,The Colony, Gun Barrel City, Rhome,Allen, Little Elm, Oak Point, Fate and McKinney; special districts including the Northwest Dallas County Flood Control District,the Muenster Water District, the Trophy Club Municipal Utility District No. 2, the D/FW Airport Board, the Federal Aviation Administration, the Texas High-Speed Rail Authority, and the 1-45 Airport Alliance which is a consortium of the Cities of Athens, Cedar Hill, Corsicana, DeSoto, Duncanville, Ennis, Ferris, Hutchins, Lancaster, Mesquite, and Wilmer. This extensive experience in municipal law is a unique asset of Cowles & Thompson. Many members of the public law section are experienced litigators with significant general courtroom experience and specific experience in the public, administrative, and -- municipal law areas. They additionally have the resources of complete coverage and appellate sections of our firm to call upon when needed. The members of this section have a strong appreciation of the needs and perspective of public clients by having served in various capacities, including: district judge, city attorney, city council member, parks and recreations board member, and board of adjustments member. SEP-02-1994 15: 19 COWLES & THOMPSON 214 670 1100 P.06'12 SECTION MEMBERS KENNETH C. DIPPEL - Mr. Dippel graduated from SMU in 1952 and from the SMU School of Law in 1955. He was a lieutenant in the U.S. Naval Reserve, serving as trial and defense counsel in Military General Courts Martial. He currently holds the rank of Commander, United States Naval Reserve, JAG Corps, retired. Mr. Dippel was an Assistant City Attorney with the City of Dallas from 1963 to 1973 and First Assistant from 1969-1973 and again from 1988 to 1991. In his role as First Assistant, Mr. Dippel supervised 70 attorneys and acted as legal advisor to the City Council and various boards. Mr. Dippel participated in significant litigation involving the City of Dallas, including noise litigation at Love Field, land acquisition for Lake Ray Hubbard and Dallas City Hall, as well as acquisition of the Dallas/Fort Worth Regional Airport site. Mr. Dippel represented the North Texas Commission and the Cities of Dallas and Fort Worth in aviation route hearings before the Civil Aeronautics Board from 1973 to 1978. From 1978 to 1980, Mr. Dippel was Judge of the 95th Judicial District Court in Dallas County, Texas. As a partner in the law firm of Hutchison, Boyle, Brooks and Fisher, and now Of Counsel to the law firm of Cowles & Thompson, Mr. Dippel has represented numerous municipalities and other governmental bodies. He presently serves as the City Attorney for The Town of Addison and performs dispute resolution for Judicial Arbitration and Mediation Services. PETE ECKERT Mr. Eckert received his B.A. from SMU in 1963 and LLD. from the University of Texas School of Law in Austin, Texas, in 1966. Mr. Eckert began his municipal law experience with the City of Irving as its Assistant City Attorney in 1968. He became City Attorney for the City of Bryan, Texas, in 1970, and was City Attorney for Garland, Texas, from 1974 to 1982. Since 1982, Mr. Eckert has been in private practice acting as City Attorney for Rowlett, Rockwall, Fate, -- Royse City, Heath, The Colony, Highland Village, Josephine, and Little Elm. Mr. Eckert is a long-time recognized authority on municipal law and is active in the National Institute of Municipal Law Officers and the Texas City Attorney's Association. Mr. Eckert is a recognized authority on municipal law and is active in the National Institute of Municipal Law Officers, the Texas Municipal League, and City Attorney's Association. Mr. Eckert has over 25 years of hands-on municipal legal experience in the courtroom, at city council meetings, and before all city boards and commissions. He is active on various state committees that deal with public utility rate setting legislation affecting cities. He has had extensive experience in dealing with environmental problems, pollution, sanitary land fill problems, and toxic waste. He has drafted home rule charters, and has experience in establishing public utility districts, public improvement districts,and related public entitles. JOHN M. HILL John M. Hill, born August 20, 1956, Dallas, Texas, is a senior attorney in the Public Law Section of Cowles &Thompson. He has practiced primarily in the area of municipal law since being licensed in 1983, having previously served with the firm of Hutchison, Boyle, Brooks & Fisher for seven years. He currently serves as City Attorney for the Town of Trophy Club and the City of Lakewood Village, and in an Assistant City Attorney capacity for the Town of Addison and the City of The Colony, as General Counsel for __ Trophy Club Municipal Utility District No. 2. As City Attorney, Mr. Hill is involved in all facets of municipal law, including the drafting of resolutions, ordinances and contracts, public utility franchise and rate matters, zoning and subdivision of land, and claims brought by and against cities. Mr. Hill received his B.A. Degree from Washington & Lee University and his J.D. Degree from Southern Methodist University. He has been licensed to practice law since 1983, and is licensed to practice before all state courts, the United States District Court for the Northern District of Texas, and the United States Fifth Circuit Court of Appeals. He is a member of the State Bar of Texas and a member of the Texas City Attorneys Association. HARDY THOMPSON Mr.Thompson is one of the founding members of the firm of Cowles &Thompson and serves as it's Managing Director, in addition to his practice of law. Mr. Thompson received his BA from Stanford University in 1968, attended the Stanford Graduate School of Business and received his J.D. from the University of Texas School of Law in Austin in 1972. In over 20 years of private practice, Mr. Thompson has handled a wide range of corporate and commercial, employment, anti-trust and intellectual property matters for __ a number of clients and has served as General Counsel for various corporations. Mr. Thompson has represented Addison, Rockwall and Rowlett on a recurring basis with other partners in our firm and he has consulted on issues for many other municipal clients. Mr. Thompson has worked in the areas of Open Meetings, Open Records, conflicts of interest, and city compliance with federal regulation. Mr. Thompson's years of general counsel experience have been a real benefit to the towns and cities he has served. � v� 1. 1J GCJ V' L...J �. i t iVi;r JV11 ��`• _ICJ 1.UU r". 1t'• 1G MEUSSA J. PEGRAM Melissa J. Pegram, born Waxahachie, Texas, October 17, 1950, is a shareholder in the Business Section of Cowles & Thompson. Her practice consists primarily of representation of a wide variety of clients in the areas of employment law, corporate, business and commercial law, bankruptcy, and trust and probate. __ She is a member of the State Bar of Texas, American Bar Association and Dallas Bar Association. Ms. Pegram is also a co-author of "Banks Face Major Setbacks as Beneficiaries of Failed Institution's Letters of Credit," Banking Law Review, Spring 1989. Ms. Pegram received her B.A. degree in 1972 from the University of Texas at Arlington and her J.D. degree in 1981 from Baylor University. She was admitted to the bar in Texas in 1981 and is licensed to practice in the United States District Court for the Northern and Western Districts of Texas. :EP-02-1994 15:20 COLLES 3. THOMPSON 214 670 1100 P.11.12 G. MICHAEL GRUBER Mr. Gruber received his B.S. from SMU in 1978 and J.D. from the SMU School of Law in 1981. Mr. Gruber's practice has concentrated in litigating matters for business entities and governmental bodies, including the Texas High-Speed Rail Authority, The Town of Addison, and the City of Payne Springs. He has also represented consortiums of governmental entities, including the 1-45 Airport Alliance and the Best Southwest -_ Coalition for Economic Development. Mr. Gruber has gained insight into the workings of municipalities by serving on various boards, including the Park Board and Board of Adjustments in DeSoto, the Park Board in Cedar Hill, and the Zoo and Aquarium Board in Dallas. He has also served as a member of the City Council in DeSoto. SEP-02-1994 15:21 COWLES & THOMPSON 214 670 1100 P.12.'12 FOUR OFFICES OF COWLES & THOMPSON: 901 Main Street, Suite 4000 Dallas. Texas 75202-3793 Telephone: (214) 670-1100 FAX: (214) 698-0310 _- 307 West Washington, Suite 100 P. O. Box 1127 Sherman, Texas 75091-1 1 27 Telephone: (903) 893-8999 FAX: (903) 893-9083 100 West Adams Avenue, Suite 321 P. O. Box 785 Temple, Texas 76503-0785 Telephone: (817) 771-2800 FAX: (817) 771-1008 One American Center, Suite 777 909 East S.E. Loop 323 Tyler, Texas 75701-9684 Telephone: (903) 581-5588 FAX: (903) 581-3701 TOTAL P.12 FIRM RESUME HUTCHISON BOYLE BROOKS & FISHER A Professional Corporation 1700 Pacific Avenue, Suite 3900 Dallas, Texas 75201-4622 (214) 754-8600 98 San Jacinto Blvd., Suite 1000 Austin, Texas 78701-4083 (512) 477-4121 I. -- HISTORY AND ORGANIZATION Hutchison Boyle Brooks & Fisher is organized as a professional law corporation, practicing primarily in the areas of state and local government law and finance, having originally been organized as a partnership on January 1, 1970. The firm is composed of twelve attorneys and is headed by its managing officer, Ray Hutchison. The firm is organized according to its principal areas of legal practice, consisting of two general categories, Public Finance and General Public Law. In conjunction with those principal areas, the firm has an active supporting litigation department. Members of the firm are involved in all aspects of the firm's practice and are recognized experts in their areas of concentration. The firm's attorneys are frequently requested to serve as panel members and speakers at advanced research and training seminars and participate in professional associations related to the firm's areas of practice. In addition, several firm members have authored various legal articles relating to new and developing areas of public finance and municipal law. II. AREAS OF EXPERTISE Hutchison Boyle Brooks & Fisher was initially established solely as a firm of municipal bond attorneys. The firm's opinion as to all types of tax-exempt securities issued by public entities is accepted in all municipal bond markets within the United States. The firm's leadership concluded in the mid 1970's that its public clients needed a broader range of services than traditional bond counsel legal work. The firm responded by developing greater legal capabilities in the public area. The firm's work in complex public financings, such as the Dallas- Fort Worth International Airport and Dallas Area Rapid Transit, have required and will require innovation and versatility in the fields of legislation, finance and governmental relationships. The firm's attorneys are experienced in handling the wide variety of problems which occur particularly during the formation, structuring and accomplishment of new major public projects. Hutchison Boyle Brooks & Fisher regards all of these services as an essential part of the role of modern bond counsel and provides them as a regular part of its representation. Moreover, members of the firm have served in elected public office and bring a sensitivity to the problems faced by public bodies in undertaking new major public financings. The firm has always been in the forefront of innovation for the changing needs of Texas' governmental and other public institutions. As an example, it was instrumental in the drafting and passage of new legislation in the Texas Legislature that enables Texas non-profit institutions of higher education in achieving some parity with Eastern colleges and universities. The firm was retained by Southern Methodist University and Trinity University as bond counsel to develop this financing technology in Texas under the law. Other innovative financing technologies developed by the firm include defined and funded self-insurance programs that are now the guiding format nationally for local governments, the financing of privately operated prison facilities for the Texas Department of Corrections and for counties, and the development of cooperative tax anticipation note financings for Texas school districts that require, because of size, access to a pooled financing program for cash flow needs. -- III. REPRESENTATIVE CLIENTS Hutchison Boyle Brooks & Fisher has represented governmental entities throughout Texas in nearly every type of financial activity. Representative of the clients engaging the firm as bond counsel, counsel for securities law matters or special counsel include: the Dallas-Fort Worth International Airport Board; Dallas Area Rapid Transit; Dallas County; Bastrop County; Collin County; and Upshur County; the Cities of Arlington, Plano, Dallas, Bryan, El Paso, Laredo, Irving, Farmers Branch, Addison, Grapevine,Temple, Belton, San Marcos, Portland, The Colony, Rockwall, Rowlett, Fate, and Rhome; Dallas County Utility and Reclamation District; Northwest Dallas County Flood Control District; Valwood Improvement Authority; Lake Turner Municipal Utility District No. 1; and various school districts, including, among others, the Anthony, Bastrop, Belton, Blackwell, Dallas, Eanes, Garland, Georgetown, Granger, Hays, Highland Park, Irving, Mission, Plano, San Marcos, and Socorro School Districts. The firm has worked with virtually every national and major regional investment banking firm and financial advisor doing business in the State of Texas. Members of the firm have participated in financings for the Texas Housing Agency, Texas Water Development Board, Texas Municipal Power Agency, the Board of Regents of The University of Texas System and The Texas A&M University System, student loan authorities throughout Texas, and various hospital financings. Additionally, members of the firm have participated in financings located in States other than Texas. The firm is serving as city attorney and general counsel for the Cities of Grapevine and Farmers Branch and special districts Dallas County Utility and Reclamation District, Valwood Improvement Authority and Upper Trinity Regional Water District. The firm serves as special counsel to cities relative to eminent domain cases, all franchising matters and other general municipal matters. In the legislative area, members of the firm are frequently called upon by various State legislative leaders and committees for opinions and analyses of proposed or pending legislation in their areas of expertise. The firm has contributed significantly to the passage, and in some instances the defeat, of significant legislation affecting government in Texas. -2- At the federal level, Ray Hutchison has been active for over 25 years in the formulation of federal tax policy regarding the financing of state and local governmental activities and the tax-exempt status of municipal bonds issued for public purposes. • IV. INDIVIDUAL ATTORNEY BIOGRAPHIES Roger E. Beecham Mr. Beecham was born in Fredrick, Oklahoma, January 26, 1942. He attended Oklahoma State University where he received his B.S. in Civil Engineering in 1965 and received his J.D. in 1968 from the University of Oklahoma. He is a member of the State Bar of Texas, Oklahoma Bar Association, Dallas Bar Association, and is admitted to practice before the U.S. Supreme Court,U.S. Courts of Appeals, Fifth and Eleventh Circuits, and U.S. District Courts, Northern and Southern_- Districts of Texas. Mr. Beecham is in charge of the Litigation Section. He is experienced in litigating banking, contract, public law and complex commercial matters in both state and federal courts at the trial and appellate levels. John F. Boyle, Jr. Mr. Boyle was born in Chicago, Illinois, March 29, 1935. He attended Texas Christian University where he received his B.S. in 1958. He attended The University of Texas School of Law where he received his LL.B. in 1961. He is a member of the State Bar of Texas, American Bar Association, Dallas Bar Association and Irving Bar Association. Mr. Boyle was an Assistant City Attorney in Dallas 1962-1964. He was the City Attorney of Irving from 1966 to 1970, and was a Member of the Texas House of Representatives from Dallas County from 1970 to 1972. Mr. Boyle is City Attorney for the Cities of Farmers Branch and Grapevine, and is General Counsel for Dallas County Utility and Reclamation District, Valwood Improvement Authority, Upper Trinity Regional Water District and Lake Turner Municipal Utility District No. 1. Mr. Boyle heads the firm's General Public Law Section and is a recognized expert in local regulatory and municipal law matters such as zoning, condemnation, general police power and special districts. He frequently provides lectures for local officials and bar association groups in areas of municipal law. Ben A. Brooks Mr. Brooks was born in Dallas, Texas, May 31, 1949. He received his B.B.A. from The University of Texas in 1971, and his J.D. from Southern Methodist University in 1974. He joined the firm as an associate in 1974. He is a member of the State Bar of Texas, American Bar Association, Dallas Bar Association and National Association of Bond Lawyers. -3- As a specialist in municipal finance, Mr. Brooks participated in the development and implementation of the plan of financing Texas'federally guaranteed student loan program in response to federal and state laws and has been actively involved in all aspects of school district,municipal and special districts in Texas for the past 19 years. Jan J. Combs Ms. Combs was born in Austin,Texas on September 22, 1961. She received her B.A. in 1984 from the University of Texas and received her J.D. in 1992 from Texas Tech. Ms. Combs' expertise is in the area of administrative law, primarily in environmental and water law matters. Rick Fisher Mr. Fisher was born in Hackensack, New Jersey, September 22, 1939. He attended The University of Texas where he received his B.A. in 1961 and his LLB. in 1964. He was a member of-- Phi Delta Phi Legal Fraternity. He entered private practice in 1964, and then served as Assistant Attorney General in the Public Finance Section. He is a member of the State Bar of Texas, American Bar Association, Travis County Bar Association, National Association of Bond Lawyers, and is admitted to practice before the U.S. Court of Appeals, Fifth Circuit and U.S. District Court, Southern District of Texas. Prior to joining the firm, Mr. Fisher headed his own firm in Austin where he established himself as an expert with national standing in the field of public finance. Leroy Grawunder. Jr. Mr. Grawunder was born in Levelland,Texas, September 23, 1949. He received his B.S. from Texas Tech University in 1973 and his J.D. from The University of Texas School of Law in 1977. He "ry is a member of the State Bar of Texas, Travis County Bar Association and the National Association of Bond Lawyers. Prior to joining the firm, Mr. Grawunder was an Assistant Attorney General and Assistant Section Chief of the Public Finance Section of the Attorney General's Office. Bob Griffo Mr. Griffo was born in Rochester, New York, July 4, 1956. He received his B.A. in 1978 at St. Lawrence University, his J.D. in 1981 at Case Western Reserve University School of Law and his LLM. in 1985 from New York University School of Law. He is a member of the American Bar Association, Section of Taxation, and the National Association of Bond Lawyers. Prior to joining the firm, Mr. Griffo was a Senior Tax Associate with Akin, Gump, Hauer& Feld in Washington, D.C. Mr. Griffo's expertise is in business tax planning for tax matters involving financial institutions and financial products as well as all tax aspects of municipal bond law. -4- Ray Hutchison Mr. Hutchison is the founder and managing officer of the firm. He was born in Rockwall, Texas, September 16, 1932. He attended Southern Methodist University where he received his B.B.A. with high honors in 1957 and his J.D. cum laude in 1959. He was Associate Editor of the Southwestern Law Journal. He is a member of the State Bar of Texas, American Bar Association and Dallas Bar Association, and is admitted to practice before the U.S. Supreme Court. Mr. Hutchison served in the Texas House of Representatives from 1973 through 1976. He served as a delegate to the Texas Constitutional Convention of 1974. Professionally, Mr. Hutchison has been a municipal bond attorney for over 20 years. He has-_ represented public agencies throughout Texas in a broad range of public activity. He is nationally recognized as an authority on the law of public finance and is considered an expert on the Texas Constitution and state and local government generally. Mr. Hutchison personally handled all legal matters relating to the creation of the Dallas/Fort Worth International Airport Board, developed its plan of financing, participated with staff in the development and negotiation of all airport user contracts at D/FW and has represented the Board continuously since 1966, with respect to general financial matters when called upon to do so by the Board and its General Counsel. Stan Lowry Mr. Lowry was born in Mount Vernon, Texas, May 11, 1965. He received his B.A. in 1987 at Southern Methodist University and his J.D. in 1990 at St. Mary's University School of Law. He is a member of the State Bar of Texas and American Bar Association. He is admitted to practice before the Fifth Circuit Court of Appeals and the United States District Courts for the Northern District of Texas. Prior to joining the firm, Mr. Lowry was a Briefing Attorney for the Honorable Ronald B. King, United States Bankruptcy Judge for the Western District of Texas (1990-1991) and Assistant City Attorney for the City of Dallas, Texas (1991-1993). Mr. Lowry's expertise is in municipal law, zoning, land use, eminent domain and related litigation; bankruptcy. Skip Newsom Mr. Newsom was born in Berkeley, California on March 8, 1947. He received his B.A. from the University of California in 1969 and received his J.D. from the University of Texas in 1973. He was admitted to the Texas Bar in 1972; U.S. Claims Court in 1975; U.S. District Court, Northern District of Texas in 1978. He authored State Court Injunctions and Their Enforcement in Environmental Litigation, 9 St. Mary's Law Journal 821, 1978, and Wastewater Effluent and the Dilution of Private Property Rights, Environmental Regulation: Taking and the Police Power, State Bar of Texas, 1982. Mr. Newsom served as Assistant Texas Attorney General from 1973 to 1978, representing the State of Texas in environmental and natural resource matters. Mr. Newsom is a -5- member of the Administrative Law, Public Utilities, Litigation, and Natural Resources, Energy and Environmental Law Sections of the American Bar Association and the State Bar of Texas and is also a member of the American Water Works Association, National Association of Water Companies and the Independent Water and Sewer Companies of Texas. Mr. Newsom is a specialist in environmental law, water law and public utility regulation and is a frequent speaker at conferences and seminars relating to these fields. David C. Petruska Mr. Petruska was born in Newcastle-on-Tyne, England, May 11, 1945. He attended Bowling Green State University where he received his B.A. in 1967. He received his J.D. from Case Western Reserve University School of Law in 1979. He was Associate Editor of the Case Western Reserve University Law Review and was elected to the Order of the Coif. He is admitted to practice in the States of Texas, Florida and Ohio. He is a member of the State Bars of Texas and Florida,American _,. Bar Association, Dallas Bar Association, and National Association of Bond Lawyers. Mr. Petruska is a specialist in public finance. During the last 11 years, he has participated in major financings in numerous states, and frequently lectures to various groups. Sara Tangen Ms. Tangen was born in Brooklyn, New York, August 12, 1957. She attended the University of Michigan where she received her A.B. with distinction in 1979. She received her J.D. from the University of Detroit School of Law in 1982. She is admitted to practice in the States of Texas and Michigan and is a member of the State Bar of Texas and Michigan, Dallas Bar Association, Dallas Women Lawyers Association and National Association of Bond Lawyers. Ms. Tangen's areas of expertise historically includes banking and commercial litigation. She is an experienced attorney in public finance. Support Staff and Facilities Hutchison Boyle Brooks Sc Fisher has a full staff of legal assistants and support personnel. Its technical capabilities include computer assisted word processing facilities and all related activities. The firm's facilities are compatible with virtually all major office systems now in use. In addition, the firm participates in a national computerized legal research system. As of July 1, 1994 -6-