05-09-2017 (City Council) Agenda Packet Wylie City Council
CITY O F.....WYLIE NOTICE OF MEETING
Regular Meeting Agenda
May 9, 2017 - 6:00 pm
Wylie Municipal Complex
Council Chambers/Council Conference Room
300 Country Club Road, Building #100
Eric Hogue Mayor
Keith Stephens Mayor Pro Tern
Diane Culver Place 2
Jeff Forrester Place 3
Candy Arrington Place 4
William Whitney Ill Place 5
David Dahl Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wvlietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.
Hearing impaired devices are available from the City Secretary prior to each meeting.
CALL TO ORDER
Announce the presence of a Quorum
INVOCATION & PLEDGE OF ALLEGIANCE
PRESENTATIONS
• Proclamation - Police Officer Memorial Day and Police Week (A. Henderson, Police Chief)
• Wylie Band Proclamation (E. Hogue,Mayor)
May 9,2017 Wylie City Council Regular Meeting Agenda Page 2 of 4
• Employee Milestone Anniversary
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-
agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3)minutes.
In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen
participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of April 25, 2017 Regular Meeting of the
Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider and act upon the award of bid # W2017-58-B for Newport Harbor Pump Station
Improvements NTMWD SCADA Building to Axis Construction LP, in the amount of
$114,975.00 and authorizing the City Manager to execute any and all necessary documents.
(G. Hayes, Purchasing)
C. Consider and act upon a vendor application for the Wylie Citizens Academy Alumni
Association-Cops and Robbers Chase 5k on May 20, 2017 at Olde City Park. (R. Diaz, Parks
&Recreation Superintendent)
D. Consider, and act upon, approval of a Preliminary Plat for Lake Park Villas. The Plat will
create 165 single family attached residential lots, open space lots and an amenity center on
26.586 acres. The subject property is generally located southeast of the intersection of Vinson
Road and Neva Lane. (R. 011ie, Development Services Director)
E. Consider, and act upon, approval of a Vacated Plat for Lots 11R-2 & 12R-2, Block A of the
Woodbridge Crossing subdivision to revert back to Lots 11R-1 and 12R-1, Block A of
Woodbridge Crossing Addition creating two lots on 2.1456 acres, generally located west of
the intersection of FM 544 and Springwell Parkway. (R. 011ie, Development Services Director)
REGULAR AGENDA
1. Consider all matters incident and related to the issuance and sale of "City of Wylie, Texas,
Combination Tax and Revenue Certificates of Obligation, Series 2017", including the
adoption of Ordinance No. 2017-14 authorizing the issuance of "City of Wylie, Texas,
Combination Tax And Revenue Certificates Of Obligation, Series 2017"; specifying the
terms and features of said certificates; providing for the payment of said certificates of
obligation by the levy of an ad valorem tax upon all taxable property within the City and a
limited pledge of the net revenues derived from the operation of the City's waterworks and
sewer system; providing the terms and features of such certificates and resolving other
May 9,2017 Wylie City Council Regular Meeting Agenda Page 3 of 4
matters incident and relating to the issuance, payment, security, sale and delivery of said
certificates, including the approval and execution of a paying agent/registrar agreement and
the approval and distribution of an official statement pertaining thereto; and providing an
effective date. (L. Bantz, Finance Director)
Executive Summary
At the March 28, 2017 Council meeting,Resolution 2017-10(R) authorizing the publication of the notice of
intention to issue certificates of obligation was approved. The notice was published in The Wylie News on
April 5, 2017 and April 12, 2017. These certificates of obligation will fund a new water metering system
and the Nortex ground storage water tank. Bids will be received for the sale of these certificates on May 9,
2017 and presented to Council at their regular meeting that evening.
2. Consider and act upon the award of CSP #W2017-57-A for Bank Depository Services to JP
Morgan Chase Bank, in the estimated annual amount of$42,000.00 and authorizing the City
Manager to execute any and all necessary documents. (G. Hayes, Purchasing)
Executive Summary
Staff recommends the award of CSP #W2017-57-A as an annual contract with an initial term of
three (3) years with two (2) additional one (1) year renewals for bank depository services to J.P.
Morgan Chase Bank
WORK SESSION
• Discussion of staff recommendation for architectural and engineering services for the
renovation and expansion of the Wylie Public Safety Building (RFQ W2017-40-E) and a
presentation by the highest ranked firm —Architects Design Group (ADG). (C. Holsted, Asst.
City Manager)
RECONVENE INTO REGULAR SESSION
3. Consider and act upon the award of RFQ # W2017-40-E (Request for
Qualifications/Proposal) for Professional Services for the Renovation and Expansion of the
City of Wylie Public Safety Building to Architects Design Group, in the estimated amount
of$943,880 and authorizing the City Manager to execute any and all necessary documents.
(C. Holsted, Asst. City Manager)
Executive Summary
A Request for Qualifications(RFQ)was advertised in December for architectural and engineering services
for the renovation and expansion of the Wylie Public Safety Building. Eight firms submitted qualifications
by the February 6th deadline. The firms were required to visit the Public Safety Building as part of the
submittal process at which time staff was available to answer questions about the existing building and
future needs of the departments. Design of the project includes but is not limited to:
ADJOURNMENT
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the
City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or
consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City
Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session
or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including,but not
limited to,the following sanctions and purposes:
Texas Government Code Section:
§551.071—Private consultation with an attorney for the City.
May 9,2017 Wylie City Council Regular Meeting Agenda Page 4 of 4
§551.072—Discussing purchase,exchange,lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
§551.087—Discussing certain economic development matters.
§551.073—Discussing prospective gift or donation to the City.
§551.076—Discussing deployment of security personnel or devices or security audit.
CERTIFICATION
I certify that this Notice ofMeeting was posted on May 5, 2017 at 5:00 p.m. as required by law in accordance with
Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy,
this agenda is also posted on the City of Wylie website: www.wvlietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
Wylie City Council
CITY OF WYLIE
Minutes
City Council Meeting
Tuesday, April 25, 2017 - 6:00 p.m.
Wylie Municipal Complex - Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue and Junior Lucy Deneault called the meeting to order at 6:00 p.m. City
Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor
Eric Hogue, Mayor for the Day Lucy Deneault, Mayor pro tem Keith Stephens, Councilman
David Dahl, Councilwoman Candy Arrington, Councilman Jeff Forrester, and Councilwoman
Diane Culver. Councilman William Whitney III was absent.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Chris Hoisted; Fire
Chief, Brent Parker; Public Services Director, Mike Sferra; Finance Director, Linda Bantz; Police
Chief, Anthony Henderson; City Engineer, Tim Porter; Development Services Director, Renae
011ie; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support
staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor pro tem Stephens gave the invocation and Councilwoman Culver led the Pledge of
Allegiance.
PRESENTATIONS
• Junior Mayor Lucy Deneault (E. Hogue, Mayor)
Mayor Hogue introduced Junior Mayor Lucy Deneault. He explained that Birmingham
Elementary School auctioned the "Mayor for a Day" and Lucy was the winner. All proceeds
from the auction fund the Birmingham PTA. Mayor Hogue administered the Oath to Junior
Mayor Deneault and she assisted in conducting the remainder of the meeting.
Minutes April 25, 2017
Wylie City Council
Page 1
• Presentation and Proclamation from Wylie East High School student Kennedy Walters
regarding Depression Awareness
Kennedy Walters, a student at Wylie East High School, gave a short presentation regarding
Depression Awareness. She asked those present to be aware of the warning signs and get
help. Mayor Hogue presented Walters with the proclamation.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-
agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes.
In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen
participation.
Rhonda Pollard, residing in Wylie, addressed Council requesting a 4 Way Stop sign at Oak and
5th Street. Mayor Hogue asked City Engineer Porter to address the issue with the citizen.
Jerry Hogan, residing in Wylie, addressed Council regarding Item #1 on the agenda. Mayor
Hogue requested he speak during the agenda item.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of April 11, 2017 Regular Meeting of the
Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Ordinance No. 2017-12 authorizing the annexation of approximately
2 acres of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1100, Collin
County, Texas, and Abstract No. 1384, Dallas County, Texas, generally located southeast of
the intersection of South Ballard and Pleasant Valley Road. A2017-02 (R. 011ie, Development
Services Director)
C. Consider, and act upon, approval of a Final Plat for LaQuinta Addition, creating two lots on
4.409 acres, generally located on the southwest corner of FM544 and Sanden Road. (R. 011ie,
Development Services Director)
D. Consider, and place on file, the City of Wylie Monthly Investment Report for March 31,
2017. (L. Bantz, Finance Director)
E. Consider, and place on file,the City of Wylie Monthly Revenue and Expenditure Report for
March 31,2017. (L. Bantz, Finance Director)
F. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of March 31,2017. (S. Satterwhite, WEDC Director)
Minutes April 25, 2017
Wylie City Council
Page 2
Council Action
A motion was made by Mayor pro tem Stephens, seconded by Councilwoman Arrington to
approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with
Councilman Whitney absent.
REGULAR AGENDA
1. Hold a Public Hearing and consider, and act upon, a change in zoning from Neighborhood
Services (NS) to a Planned Development (PD) to allow commercial retail, office and
residential uses on a single lot consisting of 5.669 acres, generally located south of Alanis
Drive and east of South Ballard Avenue. (ZC 2017-02) (R. 011ie, Development Services
Director)
Staff Comments
Development Services Director 011ie addressed Council stating that the applicant has submitted a request
to withdraw the application.
Public Hearing
Mayor Hogue opened the public hearing on Zoning Case 2017-02 at 6:33 p.m. asking anyone
present wishing to address Council to come forward.
Jerry Hogan, a Wylie resident, addressed Council speaking against the zoning.
Mayor Hogue closed the public hearing at 6:39 p.m.
Council Action
A motion was made by Councilman Forrester, seconded by Mayor pro tem Stephens to accept
the withdrawal of Zoning Case 2017-02 by the applicant. A vote was taken and the motion
passed 6-0 with Councilman Whitney absent.
2. Hold a Public Hearing and consider, and act upon, an approval of a Replat for Keller's 2nd
Addition Lots 7R-1 and 7R-2, Block 12; Being a Residential Replat of Lot 7, Block 12 of
Keller's 2nd Addition, located at 320 Fleming Street creating two residential lots. (R. 011ie,
Development Services Director)
Staff Comments
Development Services Director 011ie addressed council stating that the applicant is requesting a Replat of
an existing residential lot that measures 0.312 acres to establish two residential lots by dividing lot 7,
Block 12 into Lot 7R-1 and Lot 7R-2, Block 12. The lots are zoned Multi-Family (MF). The purpose of the
Replat is to allow for the owner to sell the units of an existing duplex individually. 011ie explained this
replat was for a duplex owned by Habitat for Humanity.
Richard Taylor representing Habitat for Humanity addressed Council stating that two prospective buyers
had been identified for the properties. Mayor Hogue asked if the applicants purchased the duplexes
would they be able to sell the property within a short period of time. Mr. Taylor explained that each
contract had wording in place that addressed "turning" the property. There is also first option for Habitat
to buy back the property.
Minutes April 25, 2017
Wylie City Council
Page 3
Public Hearing
Mayor Hogue opened the public hearing on a Replat of the Keller's 2nd Addition at 6:40 p.m.
asking anyone present wishing to address Council to come forward.
No one was present to address Council during the public hearing.
Mayor Hogue closed the public hearing at 6:41 p.m.
Council Action
A motion was made by Councilman Dahl, seconded by Councilwoman Arrington to approve a
Replat for Keller's 2nd Addition Lots 7R-1 and 7R-2, Block 12; Being a Residential Replat of Lot
7, Block 12 of Keller's 2nd Addition, located at 320 Fleming Street creating two residential lots.
A vote was taken and the motion passed 6-0 with Councilman Whitney absent.
3. Hold a Public Hearing and consider, and act upon, a Replat for Railroad Addition Lots 3R-1
and 3R-2, Block 12; Being a Replat of Lot 3B, Block 12 of Railroad Addition, located at 202
5th Street. (R. 011ie, Development Services Director)
Staff Comments
Development Services Director 011ie addressed Council stating that the applicant is requesting a
residential Replat to establish two residential lots of 0.141 and 0.140 acres. The lots are zoned Multi-
Family (MF) allowing for a 6,126 sq. ft. lot and a 6,096 sq. ft. lot. Setbacks are proposed as 20' front, 25'
rear, and 5'sides.
Public Hearing
Mayor Hogue opened the public hearing on the Replat of lots in the Railroad Addition at 6:45
p.m. asking anyone present wishing to address Council to come forward.
No one was present to address council.
Mayor Hogue closed the public hearing at 6:46 p.m.
Council Action
A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl to approve a
Replat for Railroad Addition Lots 3R-1 and 3R-2, Block 12; Being a Replat of Lot 3B, Block 12 of
Railroad Addition, located at 202 5th Street. A vote was taken and the motion passed 6-0 with
Councilman Whitney absent.
4. Consider, and act upon, approval of an Alternative Parking Agreement between FLM
Development,LLC and Baird Rentals,LLC within the Freddy's Addition,Block B,Lot 2R-2
and Block B, Lot 2R-1 1, generally located south of FM 544 and east of Regency Drive. (R.
011ie, Development Services Director)
Minutes April 25, 2017
Wylie City Council
Page 4
Staff Comments
Development Services Director 011ie addressed Council stating that the applicant is requesting approval
for special off-site parking alternatives whereby the required parking spaces are located on a separate
parcel from the lot on which the principal use is located. The Zoning Ordinance requires City Council
review and approval for special off-site Parking Alternatives.
011ie explained that the Grantor has entered into an agreement with the intended user of Lot 2R-1
(Soulman's BBQ) and will allow the user to utilize 5 parking spaces on lot 2R-2 (McClure Offices). The
agreement outlines the specific details of the perpetual, non-exclusive rights for ingress and egress to
parking spaces.
The agreement is for the perpetual use as long as Lot 2R-1 functions as a BBQ Operation. If the facility
ceases to operate as a BBQ operation, the agreement is null and void.
Council Discussion
Councilman Dahl asked if another restaurant came in that was not a BBQ restaurant and could not utilize
the use of the Alternative Parking Agreement, would there be some other option. 011ie replied a new
applicant might have to reconstruct some spaces on the site or possibly apply with the Zoning Board of
Adjustment to remove some of the landscaping or construct as a drive through. They could also apply for
another Alternative Parking Agreement. 011ie noted that staff is also looking at future revisions to the
parking standards to loosen the requirements currently in place.
Applicant (Grantor) Charles A. McClure addressed Council stating that currently most cities have
requirements for sit down restaurant parking at a 1-25 ratio, rather than the current Wylie requirement of
1-75 ratio. He stated that he would like to work with staff to help revise the City's current requirements.
Council Action
A motion was made by Councilman Forrester, seconded by Councilman Dahl to approve an
Alternative Parking Agreement between FLM Development, LLC and Baird Rentals, LLC within
the Freddy's Addition, Block B, Lot 2R-2 and Block B, Lot 2R-1 1, generally located south of FM
544 and east of Regency Drive. A vote was taken and the motion passed 6-0 with Councilman
Whitney absent.
5. Consider, and act upon, Ordinance No. 2017-13 amending Ordinance No. 2016-20 (2016-
2017 Budget) for proposed mid-year amendments for fiscal year 2016-2017. (L. Bantz,
Finance Director)
Staff Comments
Finance Director Bantz addressed Council stating that the mid-year budget amendments are generally
intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted
budget. The detail is attached for the requested items which are located within the General Fund, WEDC,
4B Sales Tax Revenue Fund, Court Technology Fund, and Utility Fund. The requests are further defined
as neutral (matching revenues to expenditures), revenue increases, or expenditure increases.
Council Action
A motion was made by Mayor pro tem Stephens, seconded by Councilwoman Culver to adopt
Ordinance No. 2017-13 amending Ordinance No. 2016-20 (2016-2017 Budget) for proposed
mid-year amendments for fiscal year 2016-2017. A vote was taken and the motion passed 6-0
with Councilman Whitney absent.
Minutes April 25, 2017
Wylie City Council
Page 5
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
City Secretary Ehrlich read the captions to Ordinance No.'s 2017-12 and 2017-13 into the
official record.
Mayor Hogue convened Council into a Work Session at 6:58 p.m.
WORK SESSION
• Unmanned Aerial System (UAS)-Drone Response Operations (B. Parker, Fire Chief)
Fire Chief Parker gave a short presentation regarding the purchase of a Drone and
implementing a Drone Response Operation for the Public Safety Departments. He provided
information showing the possible costs and benefits of having the Drone. He reported the
proposed Drone Response Operation would save lives and allow public safety staff additional
tools when addressing incidents.
Direction from Council was to further investigate a possible Drone Response Operation and
bring back on a future agenda for consideration.
Mayor Hogue reconvened into Regular Session at 7:20 p.m.
RECONVENE INTO REGULAR SESSION
ADJOURNMENT
A motion was made by Councilman Dahl, seconded Mayor pro tem Stephens to adjourn the
meeting at 7:21 p.m. A vote was taken and the motion passed 6-0 with Councilman Whitney
absent.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes April 25, 2017
Wylie City Council
Page 6
oF
,_001 �� � �"o. Wylie City Council
AGENDA REPORT
Meeting Date: May 9, 2017 Item Number: B
Department: Purchasing (City Secretary's Use Only)
Prepared By: G. Hayes Account Code: 615-5725-58310
Date Prepared: 5/2/2017 Budgeted Amount: $114,975.00
Exhibits: Bid tabulation
Subject
Consider and act upon the award of bid #W2017-58-B for Newport Harbor Pump Station Improvements
NTMWD SCADA Building to Axis Construction in the amount of $ 114,975.00, and authorize the City
Manager to execute any necessary documents
Recommendation
A motion to award bid #W2017-58-B for Newport Harbor Pump Station Improvements NTMWD SCADA
Building to Axis Construction in the amount of $ 114,975.00, and authorize the City Manager to execute any
necessary documents
Discussion
To meet the growing needs of the community, the Newport Harbor Pump Station must undergo pump upgrades
and equipment expansion within the existing building. In order to free up space for these future improvements,
a separate 8'x8' Supervisory Control and Data Acquisition (SCADA) building must be constructed in close
proximity to the pump station to house North Texas Municipal Water District (NTMWD) SCADA equipment.
This contract provides for the construction of a new concrete block wall structure and associated conduits
required to facilitate the relocation of the SCADA equipment. The NTMWD will install the new SCADA
equipment once substantial construction of this project is complete. In addition, the NTMWD has agreed to
reimburse the City for a portion of construction under this contract.
Staff recommends the award of W2017-58-B to Axis Construction in the amount of$114,975.00, as the lowest
responsive, responsible bidder.
(Rev 01/2014) Page 1 of 1
BID TABULATION
W2017-58-B
NEWPORT HARBOR PUMP STATION IMPROVEMENTS
ITY
Y- NTMWD SCADA BUILDING
OPENING: 4/21/2017 @ 3:00 PM CDT
Respondents: Pricing:
Axis Construction $114,975.00
I certify that the above includes all firms who submitted a bid and that pricing is as submitted.
;iei Cy � �� /5� 20/7
Glenna Hayes C.P.M., A.P.P. Purchasing Agent Date
"BID TABULATION STATEMENT"
ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS
OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL
APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,ACCORDING TO LAW,ALL BIDS RECEIVED
WILL BE AVAILABLE FOR INSPECTION AT THAT TIME.
PURCHASING DEPARTMENT
CITY OF WYLIE,TEXAS
OF. P
Wylie City Council
U; � w
AGENDA REPORT
Meeting Date: May 9, 2017 Item Number: C
Department: Public Services (City Secretary's Use Only)
Prepared By: Robert Diaz Account Code:
Date Prepared: April 24, 2017 Budgeted Amount:
Exhibits: 1
Subject
Consider and act upon the request from the Wylie Citizens Police Academy Alumni Association (W.C.P.A.A.)
Cops and Robbers Chase 5K Run and event at Olde City Park on May 20, 2017.
Recommendation
Motion to recommend a vendor application from the Wylie Citizens Police Academy Alumni Association
(W.C.P.A.A.) Cops and Robbers Chase 5K Run and event at Olde City Park on May 20, 2017.
Discussion
The Wylie Citizens Police Academy Alumni Association will be hosting a run and small event following the
run at Olde City Park on May 20, 2017. Funds raised from the race entries and items sold will be used to
support W.C.P.A.A. efforts and programs. This is first year of this type of event; there was a motorcycle ride
fundraiser that was held in previous years.
The Parks and Recreation Board will be considering this vendor application at their May 8, 2017 meeting.
Page 1 of 1
Al1ff PARKS AND RECREATION
CITY OF WYt.AE 300 Country Club Rd, Building 100,Wylie,TX 75098
II Office: 972-516-6340/Fax 972-516-6355
Email: parks@wylietexas.gov
VENDOR APPLICATION-Once approved by City Council, vendor has 7 days to finalize event with
Parks&Recreation facility staff. Recommended timeline for submission is 2-3 months in advance of
event. Please forward TYPED application to above address, email or fax.
Applicant Information
Name of Organization: Primary Contact Person's Name:
Wylie
C'tZenS Police
Academy Alum'Association
Linda Lewis
Y Y
Organization's Phone Number: Primary Contact Person's Phone Number:
N A III
214-240-9524
Organization's Address: erson's Address:
/Angle McIntosh,2000 N. Hwy 78,Wylie,TX 75098 716 Decatur Way
Organization's Website/Email: Primary Contact Person's Email:
N A 'S'ewis47 anoo.co
/ Islevvis47@yahoo.com
Non-profit Exemption Number/501c3(if applicable): Alternate Contact Person's Name/Number/Email:
30• .0520098 Diane Nee' 4u9.955.8308 Vane Heel '1e15u net
/ / @ Y
Event Information
EVENT NAME/TITLE:
Cops and Robbers Chase
Event Type(fundraiser,etc.): Purpose of Event:
1 l 1 1FundraSer taSefundsto supportthe W 'ePolCeDept
Event Location: Proposed Event Date: Alternative Date:
St na
Olde City Park 1 Date—May 20,2017 2 Date—N/A
.unAnticipated Number of Participating Vendors: Start Time(incl.setup): End Time(incl.cleanup):
1 730AM 2PM
Anticipated Event Attendance: Event Target Audience:
200_300 Wylie Families and friends
EVENT DETAILS:
Please list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements or flyers.
We will sell late registrations at the event and T-shirts if someone doesn't want to run but wants to buy a T-shirt. We will have a jail
where someone can be arrested and someone has to give a donation to get the person out of jail. There will be free bounce house,
face painting,cotton candy,& popcorn.
Flyer Attached.
NOTE:
If food is prepared on-site or off-site and brought to the location to be sold,the vendor must contact the Collin County Environmental Services Office in McKinney
(972-548-5585 www.collincountytx.gov)in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine food preparation and
storage equipment to assure the health and safety of customers.
Sec.78-105 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars,
tobacco,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center
facility;provided,however,that this section shall not apply to any person,organizations,firms or corporations,or the agents of any person,or organization,firm or
Rev.7-29-16
corporation,or employees of any person who are recommended by the Parks and Recreation Board and approved by the City Council to operate a concession or
concessions for the sale of specified goods,wares,and merchandise within the municipal parks or recreation or community center facilities of the city.
Rev.7-29-16
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,� r iirP ��� Wylie City Council
AGENDA REPORT
Meeting Date: May 9, 2017 Item Number: D
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: April 26, 2017 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, approval of a Preliminary Plat for Lake Park Villas. The Plat will create 165 single family
attached residential lots, open space lots and an amenity center on 26.586 acres. The subject property is generally located
southeast of the intersection of Vinson Road and Neva Lane.
Recommendation
Motion to approve a Preliminary Plat for Lake Park Villas. The Plat will create 165 single family attached residential lots,
open space lots and an amenity center on 26.586 acres. The subject property is generally located southeast of the
intersection of Vinson Road and Neva Lane.
Discussion
Engineer: Kimsey-Horn Owner: Wylie Vinson Troy Holding,LLC
The property totals 26.586 acres and will create 165 single-family attached residential lots, open space lots and an amenity
center. The open space lots and amenity center are to be maintained by a Home Owners Association (HOA). The current
zoning of the tract of land is Multi-Family and allows for the development of single-family attached dwellings with the lot
size of 3,000 for interior lots and 3,500 for exterior lots.
This residential development will have a 30 foot wide landscaping buffer along all major thoroughfares with a masonry
wall along the perimeter. In addition, the applicant will also construct sidewalks and provide additional off-street parking
to guest.
The preliminary plat shows that the development will be completed in 2 phases and proposes for the construction of 5 new
residential streets that will provide access to the newly created lots. The new streets are to be named Ethan Lane, K Street,
Trina Street, Zachary Avenue and Patrick Street. The overall development complies with the 2 points of access to major
thoroughfare requirement that is found in the subdivision regulations.
The plat shall also dedicate the necessary rights-of-way and utility easements.
The Preliminary Plat complies with all applicable technical requirements of the City of Wylie
Planning& Zoning Commission Discussion
The Planning and Zoning Commission voted 5-0 to recommend approval, subject to additions and alterations as required
by the City Engineering Department.
(Rev 01/2014) Page 1 of 1
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n.zzc.-. ROAD AND COUNT'ROAD 732BM 50•CITY OF WYLIE MONUMENT No.5 LOCATED
NORTH OF THE NORTHEAST D(BEAVER
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LE„
LAKE PARK VILLAS
PHASE 1
LINE TABLE LINE TABLE LINE TABLE LINE TABLE CURVE T..BLE CURVE TABLE BLOCK B,LOTS 1-31,79X;
N,
6�. BEARING �.,N NO. 6E,6 Nc LEN„N N, 6E.6NN LENGTH N, 6� ,. ,3,5 LENA C,N BLOCK C LOTS 15-49,51X 52X; .LsL, �,or ��,
L., 6,r,-E 25, 1,12 6-1,-Q,,,, WI, L. NC-2z„L 64.61 C2 25,27 22.5 n, C22 126,27' 266.. 51.60 640 ,,E 51.70 BLOCK D,LOTS 14-19
a 5,01.037, ,a.,. 1, 66,374,F ¢v Ill 1.16,a,v 105.07 L50 WU 37,2, 2122 u ,rv.w rvo 0 19,31 666 1461TL 103, u, 12a461' a,wS c,m ,6s
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Lr 661 47 35E 15,6 Lr, 643364,, N6 r 656,6.36E 07,6 L67 N662e24, 13.6C. C7 4,252, 130n 102, $o,,wE IC0,, BLOCK B,LOTS 32-78X;
,:. 6,0,57,6 16.06 ,6 ,rnE 12.50 . SP„6.4a 66 2,wE 15.6t w 10666 ,,,.617 7,32 S1,36,66 6,2 BLOCK C LOTS 1-14,50X;
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L6 444 ,6,e D6 6N4 w.6 s45w55, ,Gee, D,6 ,6„6 010, „_, 66N085 ,,,,
"` 6'6S " nvsn _ '67
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, se6,E 15, 136 . v26E 1,66 J 60 665,20E 6.,, ,,, .,,6 8HOALOTS
u2 W6,,, 1465 L,A .46.a20e woe Lba 6066627 46.3E Cla 16,76 60, 126, 65,214.., 166, BEING 26.586 ACRES SITUATED IN THE _
L,, 2 wE ,,,, L,5 653„w„ 30F5 6 N 214424 0.66 w, ®m e 1256N 56, 65,.5610E 56.1, ATTERBERRY SURVEY,ABSTRACT NO.6
L,5 N,,,6 E „„ L66 653 1.17,4V 1,66 L66 1,91,118.6 167„ o, 1630 6 4600 633LY .30,6E 760 CITY OF WYLIE,ROCKWALL COUNTY,TEXAS E
CIS
LwL19 .,�N65E L, L,o .36,,, .F6 66 6uwE ... .N 2,:x 66 ,;N,2 6230,E Suite
Kimley>>>Horn
5750 Genesis Co. 5750 Genesis Co. 638
Frisco Tel,.75034
�.7EB,P R„A,B,R3� ��78
STATE OF TEXAS y NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS. SURVEYORS CERTIFICATION
COUNTY OF ROCKWALLg THAT WYLIE VINSON TROY HOLDING,LLC ACTING HEREIN BY AND THROUGH HIS(ITSI DULY AUTHORIZEDKNOW ALL LIEN BY THESE PRESENTSOFFICERS DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS LAKE
CITY OF WYLIE gPARK VILLAS,AN ADDITION TO THE CITY OF WYLIE,TEXAS,AND DOES HEREBY DEDICATE,IN FEE SIMPLE TO THE That fo.neei B.nnar,ao hereby certify that I prePared this P... notes made a Par,
PUBLIC USE FOREVER.THE STREETS.RIGHTS-OF-WAY AND OTHER PUBLIC IMPROVEMENTS SHOWN THEREON. thereof from an actual and
survey of the land and
t the corner
s shown
THE STREETS AND ALLEYS IF ANY,ARE DEDICATED FOR STREET PURPOSES.THE EASEMENTS AND PUBLIC USE ''ere ope0 PIeeed under emy personal supervision.inaaccordance wrath the SubdivisionWHEREAS WYLIE VINSON TROY HOLDING,LEC,are the sole owners of a tract of lane situated In the Aherberry Survei, AREAS,A.S SHOWN, DEDICATED,FOR THE PUBLIC USE FOREVER,FOR THE PURPOSES INDICATED ON THIS regulations el the City o Wylie Texas.
Abstract Ho.6,City of Wylie,Rockwall E
ounry Texas being all otecalled 26586 acre tact of land described In Special PLAT.NO BUILDINGS FENCES, R IMPROVEMENTS O
CONSTRUCTED
m e.wl5noggof4T.54,omcrel Pubic
Records.
s.Rodwal county Taxes,end being more PenicularNdescribed as follows. WYLIE.IN ADDITION,UTILIN EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL
IMPROVEMENTS MAY BE PLACED IN LANDSCAPE EASEMENTS IF APPROVED BY THE CIN COUNCIL OF THE CIN OF
VinsonPUBLIC UTILITIES DESIRING TO.E OR USING THE SAME UNLESS THE EASEMENT LIMITS THE.E TO PARTICULAR Michael
Marx
centedine of a variable,d g ,.with the y right-of-way efNewa�n,a6ofntwde SAID.E BY PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CIN OF THEREOF.CIN OF WYLIE,TEXAS SUBDIVISION ORDNANCE ADOPTED 2-25.03,MENDED 7-24.67. Kimley-Horn and Associates,Inc. THIS DOCUMENT SHALL
THE CIN OF WYLIE,.PUBLIC UTILIN ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR ANY PURPOSE AND
WYLES USE e.5,1, PRELIMINARY
THENCEright-of-waY. 5750 Genesis Court,Suite 200 NOT BE RECORDED FOR
t a enamor se�ofNe�a Vinson
ine n Road,along tthe rees. westerly line of said 26.586 acre tact and me PARTS OF ANY departing v g Fax s72a35-3.779 VIEWED OR RELIED
SYSTEMS IN SAID EASEMENTS.THE CIN OF WYLIE AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE
AS A
right having a central angle of 511308,a radius of 410.00 feet a chord bearing and distance of North 63 a365 EastNorth 44,0,2"East a distance of 4,20 feet to an"X.cut in concrete found at the beginning of a tangent curve to the FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF SURVEY MEtiT
-gY fc� CONSTRUCTING,
ALL RECONSTRUCTING,
INSPECTING,
PATROLLING,
NECESSITY METERS.ANY TIME ANDROCCURING STATE OF TEXAS g
sNM aimd�en,v:itn euia cur:emtne nySINTN,aisthnce et 3ST.ff feet mas;e mclr imn rue fauna at lire PERMISSION FROM ANYONE. COUNTY OF COLON §
beginning of a reverse curve to the left hawing a central angle of 51-51',3'.a adds of 470.00 feet.a chord bearing and This pl approved sub,c1lo all platting ordinances,rule,regulations and resolutions of the Oily yl Teas,
distance of North 692623'East 411.03 feet; BEFORE ME.the undersigned,a Notary Public in and Mr The State of Texas.on this day
WITNESS y ha.,this_day of personally appeared Michael B.Mar,known to me to be the person and officer whose name h
In a northeasterly direMion,with said le,, neto the le an arc distance le nce of m w in co the same for the
an concrete found for BY.VIM.VINSON TROY HOLDING,LLC purposes and considerations therein expressed and in the capacity therein staid.
comer et the end of said curve
North 63,0'37"East a distance of 349.84 feet tot 5181nch Icon ad found at the beginning of a tangent curve to the GIVEN UNDER MYHANDn L OF OFFICE this No day of
right having feet central angle of 46'S93o^,a radius of 410.00 feet a chord bearing and distance of North m'go'22"East y Sam Fan-Title 2U
In a northeasterly direction,with said curve to the right.an arc distance of 336.27....a mag nail set for the n.heast
corner of said 26.586 acre tract on the westekly line of a called 11.3668,re tract of land described as Tract II in a deed STATE OF TEXAS
Shirley An NotaD Public.State of Texas
in Try Road.a variable width nghtafuay,from which a mag nail found for witness bears South 8f2e East.6.6 feet. COUNTY 9
THENCE South C.1).0.3,3"East,along the easteM line of said 25.5H5 acre tract,the tars line of said Tract IL and BEFORE LIE the undersign.a Notary Public in and for The State of Texas.on this day personally appeared
crossing said Troy Road.a Ace of 227.73 feet to a mad nail set Mr the southwest corner of said Tact II,bung on the known to me to be the person a.officer whose name is subscribed to the foregoing instrument, C acknowledged to me that he
mntedine of said my Road, executed the same forte purposes and considerations thereinexpressed and in the capacity therein stated. RECOxInLNOEO mRAPPROVAL
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
THENCE South 01,7'43"West,continuing along the easterly line of said 26.586 acre tract aril along the centerline of said
described in a deed to Otis J.Juneau a.Elsie T.Juneau,as recorded in Volume 3052.Page 280.said Deed Records
common to the noDhwest corner of watermark,according to the plat thereof recorded in Cabinet G,Slide I,Plat Records. Nota,Public State of Texas
Rockwall County,Texas
THENCE South 00°17'1,West,continuing along the easterly line of said 26.586 ame traM and the centerline of said Troy Asia n APPROVED FOR CONSTRUCTION
Road,3
of.405.08
set for the
of the centerline of said Tr,MetRoad with the(centerline of aforesaid Vinson Road nmm which genal found for witness
bears South 31,'East,0.7 feet,
THENCE North 66.2926"West,departing the centerline of said Troy Road.abi,the southwesterly line of said 26.586 acre
tract and the centerline of said Vinson Road,a distance of 1724.65 feet to the POINT OF BEGINNING and containing
ACCEPTED
city of
,igninq his name as hereinabove
PRELIMINARY PLAT
LAKE PARK VILLAS
PHASE 1
PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY I BLOCK B,LOTS 1-31,79X;
BLOCK C LOTS 15-49,51X-52X;
BLOCK D,LOTS 14-19
PHASE 2
BLOCK A,LOTS 1-21X;
BLOCK B,LOTS 32-78X;
BLOCK C LOTS 1-14,50X;
BLOCK D,LOTS 1-13,20X-21X
165 RESIDENTIAL LOTS
8 HOA LOTS
BEING 26.586 ACRES SITUATED IN THE
Wylie Vinson Tmy Hold,LLC ATTERBERRY SURVEY,ABSTRACT NO.6
itle'60 CITY OF WYLIE,ROCKWALL COUNTY,TEXAS
APPLICANT:Nerd n Suite Kimley*Horn
Kiml,Horn and.Associates,5750 Genesis Co.. 9T2, NT CS
Frisco Tel,.75034 xe,Tex..T5od4 FIRM 101,822 FaxNe(9T2t33��T9
Wylie City Council
_ w = AGENDA REPORT
Meeting Date: May 9, 2017 Item Number: E
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: April 26, 2017 Budgeted Amount:
Exhibits: 3
Subject
Consider, and act upon, approval of a Vacated Plat for Lots 11R-2 & 12R-2, Block A of the Woodbridge Crossing
subdivision to revert back to Lots 11R-1 and 12R-1, Block A of Woodbridge Crossing Addition creating two lots on
2.1456 acres, generally located west of the intersection of FM 544 and Springwell Parkway.
Recommendation
Motion to approve a Vacated Plat for Lots 11R-2 & 12R-2, Block A of the Woodbridge Crossing subdivision to revert
back to Lots 11R-1 and 12R-1, Block A of Woodbridge Crossing Addition creating two lots on 2.1456 acres, generally
located west of the intersection of FM 544 and Springwell Parkway.
Discussion
APPLICANT: Pamela Madere, Coates Rose OWNERS: Woodbridge Crossing,L.P
The property totals 2.1456 acres and will be vacating 2 lots and reinstating the previous lot configuration to be lots 11R-1
and 12R-1, Block A of Woodbridge Crossing Addition. These two lots are within the Final plat of Lots 8R-1, 10R-1 Thru
14R-1 & 17R-1, Block A of the Woodbridge Crossing Addition
As written in Section 2.10 of the Subdivision Regulations of the City of Wylie and in Section 212.013 of the Local
Government Code a property owner may choose to vacate a plat and must follow the following conditions below:
• A plat may be vacated if a signed, acknowledged instrument declaring the plat vacated is approved and recorded
in the manner prescribed for the original plat.
• The instrument declaration for the plat vacation has the signatures of all property owners of lots within the
vacated plat.
• The County Clerk shall write legibly on the vacated plat the word "Vacated" and shall enter the plat a reference to
the volume and page at which the vacating instrument is recorded.
The plat that the tract of land is reverting to dedicates the necessary rights-of-way, fire lanes, utility, construction, and
drainage easements and meets all of the technical requirements of the City of Wylie.
Planning& Zoning Commission Discussion
The Planning and Zoning Commission voted 5-0 to recommend approval, subject to additions and alterations as required
by the City Engineering Department.
(Rev 01/2014) Page 1 of 1
THE STATE OF TEXAS§
COUNTY OF COLLINS§
DECLARATION VACATING A PLAT
WHEREAS,on the 4th day of April, 2014,a certain plat entitled Woodbridge Crossing Addition,
Lots 11R-2 & 12R-2, Block A, was filed in the Plat Records of Collin County, Texas in Document No.
201404100100001100, and
WHEREAS, no lots or land as described on said plat have been sold since said plat was
approved and filed in the Collin County Records; and
WHEREAS, Woodbridge Crossing, L.P. is the sole owner and proprietor of all lots as shown on
said plat;and
WHEREAS,Woodbridge Crossing, L.P. desires to vacate said plat;
NOW, THEREFORE, in consideration of the premises, I, Christy L. David, Vice President and
Secretary of InvenTrust Properties Corp., the indirect sole owner of Woodbridge Crossing, L.P., sole
owner and proprietor of all lots shown on the plat entitled Woodbridge Crossing Addition, Lots 11R-2
& 12R-2, Block A, filed in Document No. 201404100100001100, of the Collin County Plat Records, do
hereby declare said plat to be vacated.
Woodbridge Crossing, L.P.,
a Delaware limited partnership
By: Woodbridge Crossing GP, L.L.C.,
a Delaware limited liability company, its general
partner
By: IA Wylie Woodbridge LP, L.L.C.,
a Delaware limited liability company, its
sole member
By: InvenTrust Properties Corp.,
a Maryland corporation, its sole
me r
Name: Christy L. David
Title:Vice President, Secretary
THE STATE OF ILLINOIS§
COUNTY OF DUPAGE§
This instrum t wa acknowledged before me on the 3rd day of April;.1A " `7". ` ` ` — y[
OFFIC AL SEAL
SHANNA KJOHNSON
1 Notary Public-State of Illinois
tea-Sep-25„2018
NOTARY P LIC IN AND 170;•
BE IT REMEMBERED that the Planning and Zoning Commission of the City of Wylie, at a
regular meeting held on the ,., day of , 20 , did then and
there consider and approve the vacation of the plat showing the
Subdivision as recorded in Cabinet , Slide
, of the Collin County Plat Records.
Chairman, Planning&Zoning Commission
ATTEST:
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—
,s: BEGINNING $ va x, `�".�,� (190 RIGHT-OF-WAY) voL
wa�.G. Mx��,. N 89'44'OB"E xx«. �no ..
9,9
30.00' N 8944'08'E-478.75' N 89'57'14'E-290.42'
150 LEI
'_ ...lea,,,,': ,o,us 5. -.---- -� _ _ _ _.- a_____j___ w zaa.00 p .. _ ,sa..a
,55'10
>u ems m ,d.x�,rA max,. 5'5ow _ _ _ wa&,o-.�. -_ ry
•
I'D
/ 72
J „ .z�a Psi . a. �,. " v
.. y l ry em _ .iBS ^ ., ua.c n ,Pe,:r. t runeeu wxw,
n
�' LOT f1R-i ROT f1R-f n
I.•
,s .. n; LOT f0R-f� 1.1080 AC. 1.0376 AC. AC.
•
v��e -
' % 3 1.4073 AC _ 1 _ Qt
7
LOT
aW ,,,,,, " -.r. 9 3 -Nbj
n
2� ,ro . - „o- o ,s •
CO it CDT,BLOCK A
o xx,c.,. JAC095 ADDITION
d
" '°GA«.. CAB.F PO 369 M.P.C.CT.
a,io wn B,,,,moo,,no n '
T.
T
�+ - s Doan rsw.
w o A
" I, —VI � max, T §
FZ d s t
(/ L - N e0+4,0 nm N 89'44'30'E 292.90' x rzro C2 "S284B•
._('L r�n� -I�-I�\\ _ 91.44' g a-S{rxs�9•< .eo� ) r 82P4. E
T "-l •
C1 82'1526'E _ - zinc\ a ,. ux.:.f... ' ,. II
N 89'4d'3G'E 161 83 N a + r 7-
,ow
„a m for fsx-f
M,m ,sa.n,
E
Ci.
i II
E o;e.F ,-••••, 4.7153 AC o un I `y.,.
" •
q,. s/c o•e for ne I aE.__.. .
0 G 128986 AC W MEET
LOT 8R-1 .3 ZONED;PD COMMERCIAL CORRIDOR
PROPOSED use.R E/caMMCRC AI g1 L"
o
W"VrInt; ''' 7.2860 AC. wa MTuu n^P -
NR
wx,.i ah ARRP.N3
ADDITION
200 ACRES
D I n— - VOL.,8�PB ,D.R6
vicieaa� o a w 35.
MATCH LINE(SHEET 21 _
TilAiN
r xw
PROPERTY LINE TABLE V.
TANGENT LENGTH BEARING I.THE PURPOSE OF.10 PUT IS TO SUBDIVIDE LOTS BR,ITS TH.,4R BE SHEET 2
T1 40.00' 200.15'301E
T2 15.00' 589144130'W 2.SELLING A PORTON OF THIS ADDITION BY METES AND BOUNDS IS A VIOLADON
T3 23 s0' N01215.30•W OF OTT ORDINANCE AND STATE LAW.AND IS SUBJECT TO FINES AND KEY MAP •
BITHHOLOING OF IHILIOES AND BUILDING PERMITS
40.00' 20215'30'E
T5 17.50' 589144'30'W - -WAY
RRECORDED NI ECORDS OF COLLIN INSTRUMENTNCOON,TEXAS. 00018 WOODBRIDGELINE OF DA NO.644.AS PER DEED DJ 4 OF THE DEBOSSING O OT LEGEND R R N_ y HiS
EN,-wow Fop Fawn
PROPERTY CURVE TABLE EAR - ORIGINAL
- CURVE RADIUS DELTA TANGENT CHORD LENGTH BEARING - e rvoRlxwEsr caRNvx OF s PaR va m.accr-axe acon0s xwN wurvry rsxas FINAL
��
T
515.00' 7129'04' 33.68' 67.23' 67.27' N85159'582E -
C2 115:00' 14146,, 14.91' 29.58' 29,66' N85152'08'W -I,£RA1�MAP O.ie.m.An ,TEAOfw EZ-Fk..,.
C3 65020' 11157'111 135,60' 135.36' 135.60' 305152'59'W NWAINUHITY Pant.40095C0465 OEM CCINEANA AREA
gECOFFN r19 1r..rE LOTS 8R-1, 10R-1 THRU 14R-1 & 17R-1, BLOCK 'A'
C4 515.00' 01.31'251 6.85' 13.69' 3.69'283101'08'W PROPERTY SHOWN HEREON DOES NO
e' CS 515.00' 02103'24' 9.24' 18.49' 18.49'588142'48'W
B_/�IRON RODS -AT Au LOT COWERS DNB D�ERN E NOTED. WOODBRIDGE CROSSING ADDITION
s BEING A REPLAT OF 29.4885 ACRES OF LAND
AND ALL OF LOTS 8R, 1OR THRU 14R & 17R,
s BLOCK 'A' OF WOODBRIDGE CROSSING ADDITION
OWNER(LOTS 8R-1,10R-1 THRU 14R-1 &17R-1) ENGINEER/SURVEYOR AS RECORDED IN VOL. 2009, PG. 370-372
WOODBRIDGE CROSSING,LP. LAWRENCE A.CATES&ASSOC.,LLP M.R.C.C.T.
E C/O DIRECT DEVELOPMENT 14800 QUORUM DR.,STE.200 WILLIAM SACHSE SURVEY, ABSTRACT NO. 835
o 2001 ROSS AVENUE.SUITE 4601 DALLAS,TEXAS,75254
DALLAS,TEXAS 75201 (972)385-2272 CITY OF WYLIE, COLLIN COUNTY, TEXAS
(214)891-3222 CONTACT:LAWRENCE A.CATES,P.E.,R.P.L.S.
CONTACT:DAVID S.WATSON MARCH 29, 2010 SHEET,OF 3
"aarxxo, ,D-u1 I
N
S
•
0 30• 60' 120'
Scala _DD
MATCH LINE(SHEET 11—
x<zv[urv[s T �— - I
b n ACCESS w 1PEE vu)w' I I�- ., jl Aar
m o
•
ARTHUR P.WILLIS ADDMON
2.00 ACRES
•
,,, -. "x n��,�' """�a � _{R ,«R aAo .nc °x \<.GT. "° .. ..a.°<. .,5� i4lll
a w° ter. •
rI;o- _ .3R Tr
saD
x.v.c.c.r. °Bi \� w AxN se9993o w 334 ro leww ,o am aun w1 sr mis 1f - Mx c} r sas 943o w 5Ir3° Mnc.c.r. °5 Q 72.7.NC 920065 .R.c C.T.
L,Pox oc. o-.n o T`
" LOT 14R4 8
..II licAeRG,R: N.
D.R G
4.7153 AC. LOT 17R
O T
.iP.,.c N -:• ...Hy.,ADDITI.m 12.8986 AC. 'n I j 11-..._. 3,..17.
LOT 8R-1 �Y
o
DBR D,E • c 7.2860 AC. 20NED.PD COMMERCIAL
REV./COMMERCIAL C r Ury
16
�„c a, " - .Y ... ...... ar'o.00 w ���.5��6' upcA SUPPLY coINC.ADDITION
rn--ra INDUSTRIAL
Ong: °, x rO DOO 4 c �. O e 4 ,QGA^"�AD O'- • y D�3,sa Pc 991 DR.c.c.
B9.0430.E 990rr
a3.3
44E 40' -E}1 [ 6634-1,,, 9 TY--‘','2
c WW
i _ „ i 3p7.-INTag-",- ": , 5 89'47°30'W- 1490.07° / re
-r j � a„-—.sin.°w - 13"
a.,.,:.r - I LOT,-BLOCK A
•
:FYI
sa.ecs AC ! 1 { ,,.,,,
•
SHED-T LOT 2-BLOCK A
NOTES: st
1.THE PURPOSE OF IS PUT IS To SUBDIVIDE LOTS BR.,OR TIRO 14R 3 a.<A L.ri.a.
EASEMENT TINE ram,_ SELLING oreownrvcE nrvo THIS LInwAxT METES nWs A VIOL
ATION KEY MAP
,� TI aLONc oP ununes ArvD EU LONc PERK TS
2 BEARINGS BROM HEREON ARE BASED UPON THE SOUTHERLY ROHT-Or-WAY -
= "w UNE Or FIA NO 544 AS PER DEED TO WOODBRIDGE CROSSING LP. ORIGINAL T
T<-. -w RECORDED"INSTRUMENT NO 200802190001949 OF TIE DEED PLAT
s 1 as. RECORDS OF COLLIN COUNT,TEXAS. LEGEND ,
rs oa^c ross rs w
.„,„,v rosy rs 'c;;;";""" .11770", 4.BENCH MARK=CITY OF WYLIE MONUMENT NUMBER 3 LOCATED ON THE rvF mw are rcanv
p R
H NORTHWEST CORNER OF E w� w CCORDING TO THE FEDERAL EIAEROENCY MANAGEMENT AGENCY-FEDERAL
N As FINAL PLAT
� NCE ADMINISTRATOR OOD
PINSUR SHOWN HEREON DUES NOT DE%WHIN AN ARNE`OF;00-,T OD. LOTS 8R-1, 10R-1 THRU 14R-1 & 17R-1, BLOCK 'A'
RD ER T N R FLOOD.
;s a IRON RODS FOUND AT ALL LOT CORNERS D"��OTHERWISE NOTED. WOODBRIDGE CROSSING ADDITION
�o
T20 IA AA 1100STMOV
_ BEING A R£PLAT OF 29.4885 ACRES OF LAND
723 r,3.Sa. „R•9..TOC AND ALL OF LOTS 8R, 1OR THRU 14R & 17R,
° '"'_ a-ILOOT''O^` BLOCK 'A' OF WOODBRIDGE CROSSING ADDITION
OWNER(LOTS 8R-1,10R-1 THRU 14R-I &17R-1) ENGINEER/SURVEYOR AS RECORDED IN VOL. 2009, PG. 370-372
WOODBRIDGE CROSSING,LP. LAWRENCE A.CATES&ASSOC.,LIP M.R.C.C.T.
roan rraorssow C/O DIRECT DEVELOPMENT 14800 QUORUM DR.,STE.200 WILLIAM SACHSE SURVEY, ABSTRACT NO. 835
o 2001 ROSS AVENUE,SUITE 4601 DALLAS,TEXAS,75254
g DALLAS.TEXAS 75201 (972)385-2272 CITY OF WYLIE, COLLIN COUNTY, TEXAS
(214)891-3222
CONTACT:LAWRENCE A.CATES,P.E.,R.P.LS.
CONTACT:DAVID S.WATSON MARCH 29, 2010
g SHEET OF 3
g
•
•
OWNERS CERT 'YrFlCATE 41 84' )
STATE OF TEXAS •
•
COUNTY OF COLLIE - - - - SURVEYOR'S CERTIFMARON
WHEREAS,.00BRIDGE CROSSING,LP,IS THE OWNER OF ALL THAT CERTAIN LOT,TRACT OR PARCEL OF LAND THESE PRESENTS:
•
SITUATED IN THE WILLIAM SACHSES SURVEY.
IN TRACT No.835,COLLIN COUNTY,TEXAS AND BEING A PAN OF A NOW THEREFORE,KNOW ALL MEN BY THESE PRESENTS: KNOW ALL MEN BY DO HEREBY CER11.THAT I PREPARED THIS 58 ACRE TRACT OF LAND D TO WOODBRIDGE CROSSING,LP„AS RECORDED DOCUMENT
NO.2008021900019.80,OF THE DEED RECORDS OF COLLIN MUNN,TEXAS COAND BEING ALL OF LOTS 8R, OR, THAT YADOPT
WOODBRIDGE CROSSING,U. ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICER,DOE TA ICTU OEREOCACCURATE SURVEY OF THE LAND AND THAT THE CORNER MONUMENTS
11R,12R,13R,14R&17R,BLOCK'A',OF TNT IDGE CROSSING ADDITION,AN ADDITION TO THE CITY OF WYLIE, HEREBY ADOPT THIS PLAT DESIGNATE.THE HEREIN ABOVE.SCRIBED PROPERTY AS LOTS BR-1,10R-1,S SHWN THEREON AS SET WERE PROPERLY PLACED UNDER MY PERSONAL SUPERVISION
COLLIN COUNTY,TEXAS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2009,PAGE 370-372 OF THE IIR-1,12R-1,13R-1.14R-1 R 17R-1,BLOCK'N.WOODBRIDGE CROSSING AODMOM.AN AOOITION TO IN ACCORDANCE WITH THE SUBDIVISION ORDINANCE OF THE COY OF WYLIE.
MAP RECORDS OF COLON COUNTY,TEXAS AND BEING MORE PARTICULARY DESCRIBED BY METES AND BOUNDS AS THE CM OF WYLIE,TEXAS,AND DO HEREBY DEDICATE,IN FEE SIMPLE,TO THE PUBLIC USE FOREVER,THE
FOLLOWS: STREETS,RIGHTS-OF-WAY,AND OTHER PUBLIC IMPROVEMENTS SHOWN THEREON.THE STREETS AND ALLEYS,
IF ANY ARE DEDICATED FOR STREET PURPOSES.THE EASEMENTS AND PUBLIC USE AREAS,AS SHOWN,ARE
BEGINNING
GGATCA 5/.IRON
ROOROD
FOUN.IDD FOR
ROPTHE
NORLSO BEING CORNER OF LOT BR,BLOCK'A'OF SAID DEDICATED,FOR THE PUBLIC USE FOREVER.FOR THE PURPOSES INDICATED ON THIS FIAT,NO BUILDINGS,
WOODBRIDGE
CROSSING ADDITION ACCORDING TO THE THE NORTHEAST
RECORDED IN VOLUME 2009,E PAGE 367E FEOVN�CEORTACRROOSS HTHEBSFASEMENTS OTHER
AS SHOWN.E EXCEPT THAT LANDSCAPE IMPROVEMENTS PROVEMENTS MAYUCTED PLACED BEPLACED o p�e1�YE' ION DCORNER OF LOT R.eP c
89 OF THE MAP RECORDS OF COWS UNTY,TEXAS,S.CORNER BONG LOCATED IN THE SOUTH .LANDSCAPE EASEMENTS,IF APPROVE°BY THE COY COUNCIL O THE CITY OF.O UE.N IN TCULHRNU UTILITY FES P E R.P.S.
HA
RIGHT-OF-WAY LINE OF FARM MARKET ROAD NO.544(A 120 FOOT RIGHT-OF-WAY); EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION F ALL PUBLIC LAWRENCE A.CA NA
DDEESIIRUS TO USE OR USING THE ME UNLESS THE EASEMENT LIMITS THE OUSE TO TT OF PAR...
UHLMES, REGISTERED PROFESSIONAL.ND SURVEYORN0.3]1] UWPEM1'CE q.CITES
THENCE NORTH 89'44'08'EAST(BASIS OF BEARINGS PER DEED RECORDED IN DOCUMENT NO.20080219000194980 E BY PUBLIC UTILMES BEING SUBORDINATE TO THE PUBLIC'S AND USE THEREOF. C22
8717
OF THE DEED RECORDS OF COWS COUNTY,TEXAS),ALONG THE NORTH LINE OF SAID WOODBRIDGE CROSSING -'4.alf.66!y4yOe.
ADDITION SAME BEING THE SOUTH RIGHT-OF-WAY LINE OF SAID FARM MARKET ROAD NO.544 FOR A DISTANCE O THE CM OF WYLIE AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED OF`E11
Ho.00 FEET 5/8'IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER
OF VOWMT 3ftll BLOCK
LPAGE A ALL OR PARTS OF ANY BUILDINGS,FENCES,TREES,SHRUBS OR OTHER IMPROVEMENTSOR EFFICIENCY OF THEIR
WOODBRIDGE TCROSSING ADDITION, ACCORDING TO THE PUT THEREOF RECORDED E 2009, 370- RESPI�ANE WA�s.ENOPNGER OR INTERFERE WITH THE CONSTRUCTION,MAINTENANCE, R
F THE MAP RECORDS O GOWN COUNTY.YEWS: S N SAID EASEMENTS.THE CITY OF WYLIE AND PUBLIC CEUTY ENTITIES SHALL AT ALL •
372 TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE STATE OF TEXAS •
TSAMBECB NGU pN 00"15'30"EAST ALONG THE WEST LINE OF SAID LOT 9R,BLOCK'A'WOODBRIDGE CROSSING ADDITION, ADDING
OF CONSTRUCTING,RECONSTRUCTING,INSPECT.,PATROLLING,MAINTAINING, E ING METERS,AND COUNTY OF DALLAS
N INTERIOR LINE OF SAID LOT 8R,BLOCK'A.WOODBRIDGE CROSSING ADDITION.FOR A DISTANCE OF ADDING i0 OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSTIY AT ANY
•
•
332.56 FEET TO AN"X"FOUND IN CONCRETE; RULES,PROCURING
TIONSR ON AND I RESOLUTIONS OF II. FROM ANYONE. CITY OF WYLIE..TEXAS.PLAT APPROED ECt TO ALL PUTTING ORDINANCES, BEFORE ME,THE UNDERSIGNED AUTHORITY,ON THIS DAY PERSONALLY APPEARED LAWRENCE A
COTES,KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
THENCE NORTH 8.44'30"FAST ALONG THE SOUTH UNE OF SAID LOT 9R,BLOCK A SAME BEING A NORTH LINE OF THE UNDERSIGNED COVENANTS AND AGREES THAT THE STREET FASEMENT(S)SHOWN HEREON MAY BE UTILIZED INSTRUMENT. D ACKNOWLEDGED TO NE THAT HE EXECUTED THE SAME FOR THE PURPOSE
LOT 8R,BLOCK 0.FORA DISTANCE OF 161.83 FEET TO AN Ef FOUND IN CONCRETE AT THE BEGINNING OF A BY THE CITY OF.TIE AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE RIGHT TO LAYOUT,OPEN, AND CONSIDERATION THEREIN STATED. •
CURVE TO THE LEFT HAVING A RADIUS OF 515.00 FEET,A CENTRAL ANGLE OF 07 20..A CHORD BEARING NORTH NSTRU RECONSTRUCT.OPERATE,REPAIR,RE-BUILD,REFUGE,ALTER,REMOVE AND PERPETUALLY
65'S9'58'EAST AND A CHORD DISTANCE OF 67.23 FEET, MAINTAIN STREET FACILITIES,TOGETHER WITH ALL INCIDENTAL IMPROVEMENTS,IN UPON AND ACROSS CERTAIN ��1 AA,, 1
R.L PROPERTY GATED IN THE CITY OF WYSE,GOWN COUNTY TEXAS STREET FASEMENT(S)MAY ALSO GIVEN UPON MT HAND AND SEAL OF OFFICE THIS/y DAY OF apC1____—.2010.
THENCE ALONG SA UNE OF SAID LOT 9R AND SAIO LOT 8R,FORA BE UTILIZED TO CONSTRUCT,RECONSTRUCT AND PERPETUALLY MAINTAIN ADDITIONAL ROSE%OR ANY PART
DISTANCE OF 67.27 FEET TO ANTMX'FOUND INCONCRETE; THEREOF,AT ALL TIMES IN THE FUTURE WITHIN RiE EASEMENT
PROPERTY. A N
CONNECTION
H THE CONSTRUCTION,OPERATION REPAIR TIE
E FACILITIESM H
E
THENCE NORTH 8215'2E EAST CONTINUING ALONG A COMMON SOUTH LINE OF SAID LOT DR,BLOCK A.AND A SURFACE OF THE EASEMENT AS CLOSE TO THE CONDITION IN WHICH IT WAS FOUND BEFORE SUCHWORK WAS IIL11 t (i_r,,,,'^ 1 �G 1��I
NOR.UNE OF SAID LOT B BLOCK A FORA DISTANCE OF 91.44 FEET TO AN'X"FOUND IN CONCRETE AT THEUNDERTAKEN AS IS REASONABLY PRACTICABLE,EXCEPT FOR TREES,SHRUB AND STRUCTURES WITHIN THE DEH E {000 05, 1
SOUTHEAST CORNER OF SAIDLOT DR,BLOCK A.SA.BEING
EAN TH THEREOF
COFNNBERUUE LOT TOR,BLOCK' STREET EASEMENT(S)THAT WERE REMOVED AS A RESULT OF SUCH WORK S
WOODBRIDGE CROSSING ADDITION ACCORDING TO THE RECORDED 9,PAGE 370-372 NOTARY PU IC IN AND FOR THE STATE OF TEXAS MY COMMISSION EXPIRES
OF THE MAP RECORDS OF COLON COUNN,TEXAS;
THENCE NORTH 0015'30"WEST,ALONG THE COMMON EAST UNE SAID LOT 9R,BLOCK A,AND THE WEST LINE '"
OF LOT 10R,BLOCK A
DISTANCE OF 306.29 FEET TO A 5/6"IRON ROD FOUND
AT THE
NORTHEAST
W DAY OF _WITNESS,MY HAND,THIS THE 2L _ — 2010
CORNER OF D LOTDR.BLOCK A,SAME BEING THE NORTHWEST CORNER F BRI A,SAID IRON Tixe,xml
BA
ROD BEING IN THE SOUTH RIGHT-OF-WAY LINE OF SAID FARM MARKET ROAD NO.544,
THENCE NORTH 44 82 '0.EASTALONG MD NORTH LINE OF SAID WOODBRIDGE CROSSING AMON,SAME BEING
THESOUTHRIGHT-OF-WAY LINE OF SAID FARM MARK ROAD NO 544 FOR DISTANCE OF 478.75 FEET i0 A WOODBRIDGE CROSSING,LP.,
BROKEN T%DOT MONUMENT FOUND FOR CORNER,SAID MONUMENT BEING IN THE NORTH LINE OF LOT 13R,BLOCK A A DEUWARE LIMITED PARTNERSHIP
,OF SAID WOODBRIDGE CROSSING ADDITION;
THENCE NORTH 8257'1.EAST CONTINUING ALONG THE NORTH ONE OF SAID WOODBRIDGE CROSSING ADDITION, BY. W.DBRIDGE CROSSING GP,L.L.C.
SAME BEING THE SOUTH LINE OF SAID FARM MARKET ROAD NO.544 FORA DISTANCE OF M.FEET TO A 5/Er A D LAWARE UNITED LIABILITY COMPANY RECOMMENDED FOR APPROVAL
IRON ADDITION,ROD FOORD FOR
CORNER
PLAT THE NORTHWEST CORNER OF LOT 1 R,BLOCK A,WOODBRIDGE CROSSING CO GENERAL PARTNER
TO THETHEREOF RECORDED IN VOLUME 2009,PAGE 370-372 F THE RECORD t
OF COLON COUNTY,TEXAS,SAME BONG THE MOST EASTERLY NORTHEAST CORNER OF STUD LOT 14R; (/�,, hr, I(/ 2.0/0
THENCE SOUTH 0015'302 EAST ALONG THE COMMON WEST LINE OF SAID LOT 15R,BLOCK'A'AND AN INTERIOR NAME O VID 5 0 �rvRUPN.PUNNING&ZONING COMMISSION DATE
WOODBRIDGE CROSSING ADDITION FORA DISTANCE OF 40.00 FEET TO A 5/. ry E ---
F WYLIE,TEXAS
IRON ROD FOULINE OF SAID ND FOR CORNER,BLOCK TEL PRESIDENT
THENCE SOUTH 82.30'WEST ALONG A COMMON UNE OF SAID LOW.,BLOCK'A'AND AN INTERIOR LINE OF PROVED ONSTRUCOON
FOUND F 15%1141 K'A',WOODBRIDGE CROSSING ADDITION FORA DISTANCE OF 15.00 FEET TO A 5/B'IRON ROD �- �'/[/
OR STATE OF TEXAS __TOR, l 2�Id
THENCE 5'30"EAST ALONG THE COMMON WEST LINE OF SMD LOT 15R,BLOCK'A'AND AN INTERIOR COUNT!OF DALLAS MA CITY OF VIE,TEXAS
TE
LINE OF LOT •
T14R,BLOCK'A',WOODBRIDGE CROSSING ADDITION FORA DISTANCE OF 236.57 FEET TO AN'X'
FOUND 1N CONCRETE AT THE SO,WOODBRIDGE
CORNER S SAID M 15,ACCORD G O TITHE BEING
PUT THEREOF RECORDED
BEFORE ME,THE UNDERSIGNED AUTHORITY,ON THIS DAY PERSONALLY APPEARED DAVID S.WATSON,
CORNER LOT2009 7R,BLOCK ',2 OF THEM CROSSING ADDITION,CO ACCORDING T R F RECORDED TO ME TO BE THE PERSON WHOSE NAME SUS 0 THE FOREGOING INSTRUMENT,
9,PAGE 3]0-372 OF THE MAP.CORDS OF COLLIE COUNTY,TEXAS; Kw FOR ACCEPTED
µER NNSOTA EDGED TO ME THAT HE EXECUTED THE SAME CER THE PURPOSE AND ONSIDERATION �/f
THENCE NORTH 89'44'30"EAST ALONG THE NORTH LINE OF SAD LOT I R,BLOCK A.ERA DISTANCE OF 292,90 TH E r �M/ice/�
FEET TO AN"X'.FOUND CONCRETE AT THE BEININNINC OF SAID
CURVE TOTHE RIGHT HAVING A MDIUS OF 115,00 E/
FEEL A CEENTRAL ANGLE IN CONCRETE
1s46'05'.A CHORD BEARING OF NORTH 8252'0B WEST AND A CHORD DISTANCE OF MAYOR,CITY YUE TE%AS / 7 DATE
F GIVEN UPON MY HAND AND SEAL OF OFFICE THIS'�A@ DAY OF1)�__—,2010.
THENCE ALONG THE NORTH LINE OF SAID LOT 17R,BLOCK'A',WOODBRIDGE CROSSING ADDITION AND SAID CURVE \
TO THE RIGHT AN ARC DISTANCE OF 29.66 FEET TO AN'X'FOUND IN CONCRETE;
t N.aµ.
THENCE SOUTH>5'28'46"EAST HANG THE NORTH NE OF SAID LOT C171R.ONCRETE
BLOCK'A'.TWOODBRIDGEFS RING CROSSING i THE UNDERSIGNED.6.CITY FO FOREGOING
S THE OR , Wri1E,TEXAS,HEREBY
ADDITION RKWAY FEET TO AN"X°FOUND IN CONCRETE IN THE WEST UNE OF HAVING
A0RA NO UB N HE STATE OF TEXAS MY COMMISSION EXPIRES CET LOTS BRTi,Hk yO 14R-1&
PARKWAY FEEL A CENT LAN OF-WAY),SAID,A C ALSO BEING IN A CURVE TO THE RIGHT HAVING A RADIUS A - 17R-1.ED TO THE
E.WOODBRIDGECOUNCIL
CROSSING THE Ad_DAY a TH TY O of WAS
F 650.00 FEET,A CENTRAL ANGLE OF Ii'5J'11",A CHORD BEARING OF SOUTH OS'S2'S9"WEST AND A CHORD SUBMITTED TO THE FORMAL
COUNCIL ON THE 27_ O AND
DISTANCE OF 135.36 FEET; THE COUNCIL,TRALLEY.
FORMAL ACTION.THEN.AND T E THEEpCAT�N
STREETS. LLEY PARKS,EASEMENT PUBLIC P
THENCE ALONG SAD CURVE TO THE LEFT,SAME BEING THE COMMON LINE OF LOT t]R BLOCK A,WOODBRIDGE 1 NES AS SHOWN AND SET FORTH N AND UPON COUNCL ft.
CROSSING ADDITION AND THE WEST RIGHT-OF-WAY LINE OF SAID SPRINGWELL PARKWAY AN ARC DISTANCE OF zole �URTHGR SUNpORZEO THE YOR i0 NOTE THE BY
135,60 FEET TO A 5/6"IRON ROD FOUND FOR CORNER M ROVE SUB5CRBE �iR
DAY OFE
THENCE SOUTH 00'0538 EAST ALONG THE COMMON NE OF SAID LOT 17R,BECK A WOODBRIDGE CROSSING �I
ADDITION AND THE WEST RIGHT-OF-W.LINE OF SAD SPRNGWELL PARKWAY FOR A DISTANCE OF 56535 FEET TO • �,6`/'�
A 5/Er IRON ROD FOUND FOR CORNER SAID ROD BEING THE SOUTHEAST CORNER OF SAID LOT 17R BLOCK'A'. '�`�'
WOODBRIDGE CROSSING ADDITION, C SECRETARRRCCC CRY OF WYUE,TEXAS
THENCE SOUTH 8G47'30"WEST ALONG THE SOUTH LINE OF SAID WOODBRIDGE CROSSING ADDITION E R R 1!Nip 10 1 HIS ice •
OF 1490.07 FEET TO A 5/24 IRON ROD FOUND FOR CORNER,SAID R A DISTANCE y
SAID LOT 8R,BLOCK E. IRON TES BEING THE SAID LOT
CORNER K ORIGINAL
WOODBRIDGE CROSSING ADDITION AND THE SOUHEEST CORNER OF SAID LOT 7R BLOCK
A,WOODBRIDGECROSSING ADDITION � PLAT
,
0 THENCE NORTH 00.15.30E
CROSSING ADDITION A DISTANCE OF ALONG O1T4 FE SETOTO THE POINT ON LINE Of LOTS F BEGINNING ESINS 50 R AND SAND CONTAINING US ODIB06 ACRES FINAL PLAT
8 OF LAND,MORE OR LESS. O
0 LOTS 8R-1, 10R-1 THRU 14R-1 & 17R-1, BLOCK 'A'
f WOODBRIDGE CROSSING ADDITION
BEING A REPLAT OF 29.4885 ACRES OF LAND
s AND ALL OF LOTS 8R, 10R THRU 14R & 17R,
Hi BLOCK A' OF WOODBRIDGE CROSSING ADDITION
2 OWNER(LOTS 8R-1,1OR-1 THRU 14R-1 &17R-1) ENGINEER/SURVEYOR AS RECORDED IN VOL. 2009, PG. 370-372
WOODBRIDGE CROSSING,L.P. LAWRENCE A.CATES&ASSOC.,LLP M.R.C.C.T.
C/O DIRECT DEVELOPMENT 14800 QUORUM DR.,STE,200 WILLIAM SACHSE SURVEY, ABSTRACT NO. 835
9 2001 ROSS AVENUE,SUITE 4601 DALLAS,TEXAS,75254
DALLAS,TEXAS 75201 (972)385-2272 CITY OF WYLiE, COLLIN COUNTY, TEXAS
a (214)891-3222 CONTACT:LAWRENCE A.CATES,P.E:,R.NLS.
8 CONTACT:DAVID S.WATSON MARCH 29, 2010
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7 Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 9, 2017 Item Number: 1
Department: Finance (City Secretary's Use Only)
Prepared By: Linda Bantz Account Code:
Date Prepared: April 28, 2017 Budgeted Amount:
Exhibits: Ordinance
Subject
Consider all matters incident and related to the issuance and sale of"City of Wylie, Texas, Combination Tax
and Revenue Certificates of Obligation, Series 2017", including the adoption of Ordinance No. 2017-14
authorizing the issuance of"City of Wylie, Texas, Combination Tax And Revenue Certificates Of Obligation,
Series 2017"; specifying the terms and features of said certificates; providing for the payment of said
certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a
limited pledge of the net revenues derived from the operation of the City's waterworks and sewer system;
providing the terms and features of such certificates and resolving other matters incident and relating to the
issuance, payment, security, sale and delivery of said certificates, including the approval and execution of a
paying agent/registrar agreement and the approval and distribution of an official statement pertaining thereto;
and providing an effective date.
Recommendation
Motion to approve Ordinance No. 2017-14 and all matters incident and related to the issuance and sale of"City
of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2017, as provided for in
Agenda Item #1.
Discussion
At the March 28, 2017 Council meeting, Resolution 2017-10(R) authorizing the publication of the notice of
intention to issue certificates of obligation was approved. The notice was published in The Wylie News on April
5, 2017 and April 12, 2017. These certificates of obligation will fund a new water metering system and the
Nortex ground storage water tank. Bids will be received for the sale of these certificates on May 9, 2017 and
presented to Council at their regular meeting that evening.
Page 1 of 1
ORDINANCE NO.2017-14
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
WYLIE, TEXAS, COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2017"; SPECIFYING THE
TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR
THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE
LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY
WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET
REVENUES DERIVED FROM THE OPERATION OF THE CITY'S
WATERWORKS AND SEWER SYSTEM; PROVIDING THE TERMS
AND FEATURES OF SUCH CERTIFICATES AND RESOLVING OTHER
MATTERS INCIDENT AND RELATING TO THE ISSUANCE,
PAYMENT, SECURITY, SALE AND DELIVERY OF SAID
CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF
A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL
AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING
THERETO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, notice of the City Council's intention to issue certificates of obligation in the
maximum principal amount of$7,500,000 for the purpose of paying contractual obligations to be incurred
for (i) improving and extending the City's Waterworks and Sewer System and (ii)professional services
rendered in connection with such projects and the financing thereof, has been duly published in the Wylie
News, a newspaper hereby found and determined to be of general circulation in the City of Wylie, Texas,
on April 5, 2017 and April 12, 2017, the date the first publication of such notice being not less than thirty-
one (31) days prior to the tentative date stated therein for the passage of the ordinance authorizing the
issuance of such certificates; and
WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid
petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with
the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this
Ordinance; and
WHEREAS, the City Council hereby finds and determines that the certificates of obligation
described in the aforesaid notice should be issued and sold at this time in the amount and manner as
hereinafter provided;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1. Authorization - Designation - Principal Amount - Purpose. Certificates of
obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of
$ , to be designated and bear the title "CITY OF WYLIE, TEXAS, COMBINATION TAX
AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2017" (hereinafter referred to as the
"Certificates"), for the purpose of paying contractual obligations to be incurred for (i) improving and
extending the City's Waterworks and Sewer System and (ii)professional services rendered in connection
with such projects and the financing thereof, pursuant to authority conferred by and in conformity with
the Constitution and laws of the State of Texas, including Texas Local Government Code, Subchapter C
of Chapter 271, as amended.
Ordinance No.2017-14
Certificates of Obligation,Series 2017
28168052.3/11700928 S-1
SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities -
Certificate Date. The Certificates are issuable in fully registered form only; shall be dated May 1, 2017
(the "Certificate Date") and shall be in denominations of$5,000 or any integral multiple thereof(within a
Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years
and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s)in accordance
with the following schedule:
Year of Principal Interest
Stated Maturity Amount Rate(s)
2019 $
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
The Certificates shall bear interest on the unpaid principal amounts from the date of their delivery
to the initial purchasers at the rates per annum shown above in this Section (calculated on the basis of a
360-day year of twelve 30-day months), and such interest shall be payable on February 15 and August 15
of each year, commencing February 15, 2018,until maturity or prior redemption.
SECTION 3. Terms of Payment - Paying Agent/Registrar. The principal of, premium, if any,
and the interest on the Certificates, due and payable by reason of maturity,redemption, or otherwise, shall
be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders")
appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the
payment thereof shall be in any coin or currency of the United States of America, which at the time of
payment is legal tender for the payment of public and private debts, and shall be without exchange or
collection charges to the Holders.
The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas,
Texas, to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books
and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security
Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar,
as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar
Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and
regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor or Mayor Pro Tem and
Ordinance No.2017-14
Certificates of Obligation,Series 2017
28168052.3/11700928 S-1
City Secretary are hereby authorized to execute and deliver such Paying Agent/Registrar Agreement in
connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying
Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying
Agent/Registrar shall be a commercial bank, trust company, financial institution or other entity qualified
and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar.
Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a
written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which
notice shall also give the address of the new Paying Agent/Registrar.
Principal of and premium, if any, on the Certificates, shall be payable at the Stated Maturities or
the redemption thereof only upon presentation and surrender of the Certificates to the Paying
Agent/Registrar at its designated offices, initially in East Syracuse, New York, or, with respect to a
successor Paying Agent/Registrar, at the designated offices of such successor (the "Designated
Payment/Transfer Office"). Interest on the Certificates shall be paid to the Holders whose names appear
in the Security Register at the close of business on the Record Date (the last business day of the month
next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check
sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security
Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the
risk and expense of, the Holder. If the date for the payment of the principal of or interest on the
Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city
where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by
law or executive order to close, then the date for such payment shall be the next succeeding day which is
not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and
payment on such date shall have the same force and effect as if made on the original date payment was
due.
In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days
thereafter, a new record date for such interest payment (a "Special Record Date") will be established by
the Paying Agent/Registrar, if and when funds for the payment of such interest have been received.
Notice of the Special Record Date and of the scheduled payment date of the past due interest(which shall
be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special
Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on
the Security Register at the close of business on the last business day next preceding the date of mailing
of such notice.
SECTION 4. Redemption.
(a) Optional Redemption. The Certificates having Stated Maturities on and after February 15,
2028 shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in
principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the
Paying Agent/Registrar), on February 15, 2027, or on any date thereafter at the redemption price of par
plus accrued interest to the date of redemption.
At least forty five (45) days prior to an optional redemption date for the Certificates (unless a
shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the
Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated
Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the
right to redeem Certificates shall be entered in the minutes of the governing body of the City.
(b) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the
same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat
Ordinance No.2017-14
Certificates of Obligation,Series 2017
28168052.3/11700928 S-1
such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the
principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within
such Stated Maturity by lot.
(C) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the
Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the
name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in
part at the address of the Holder appearing on the Security Register at the close of business on the
business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall
be conclusively presumed to have been duly given irrespective of whether received by the Holder.
All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii)identify
the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the
principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or
the portion of the principal amount thereof to be redeemed, shall become due and payable on the
redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be
redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the
payment of such Certificate (or the principal amount thereof to be redeemed) at the then applicable
redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify
that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed,
shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon
presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption
and has been called for redemption and notice of redemption has been duly given as hereinabove
provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable
and interest thereon shall cease to accrue from and after the redemption date therefor.
(d) Conditional Notice of Redemption. With respect to any optional redemption of the
Certificates, unless moneys sufficient to pay the principal of and premium, if any, and interest on the
Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of
such notice of redemption, such notice may state that said redemption is conditional upon the receipt of
such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the
satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not
received, such notice shall be of no force and effect, the City shall not redeem such Certificates and the
Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to
the effect that the Certificates have not been redeemed.
SECTION 5. Registration - Transfer-Exchange of Certificates -Predecessor Certificates. The
Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address
of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance,
or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates
of other authorized denominations by the Holder, in person or by his duly authorized agent, upon
surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written
instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized
agent,in form satisfactory to the Paying Agent/Registrar.
Upon surrender of any Certificate (other than the Initial Certificate authorized in Section 8
hereof) for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying
Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or
more new Certificates, executed on behalf of, and furnished by, the City, of authorized denominations and
having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates
surrendered for transfer.
Ordinance No.2017-14
Certificates of Obligation,Series 2017
28168052.3/11700928 S-1
At the option of the Holder, Certificates (other than the Initial Certificate(s) authorized in Section
8 hereof) may be exchanged for other Certificates of authorized denominations and having the same
Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the
Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the
Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Certificates are so
surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates, executed
on behalf of, and furnished by the City, to the Holder requesting the exchange.
All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders
at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail,
first class postage prepaid, to the Holders, and, upon the registration and delivery thereof, the same shall
be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same
benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange.
All transfers or exchanges of Certificates pursuant to this Section shall be made without expense
or service charge to the Holder, except as otherwise herein provided, and except that the Paying
Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or
other governmental charges required to be paid with respect to such transfer or exchange.
Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are
hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the case may be, of the
same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the
exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any
mutilated, lost, destroyed or stolen Certificate for which a replacement Certificate has been issued,
registered and delivered in lieu thereof pursuant to the provisions of Section 19 hereof and such new
replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed
or stolen Certificate.
Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an
assignee of a Holder any Certificate called for redemption,in whole or in part, within forty-five (45) days
of the date fixed for the redemption of such Certificate; provided, however, such limitation on
transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a
Certificate called for redemption in part.
SECTION 6. Book-Entry-Only Transfers and Transactions. Notwithstanding the provisions
contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates,
the City hereby approves and authorizes the use of"Book-Entry-Only" securities clearance, settlement
and transfer system provided by The Depository Trust Company, a limited purpose trust company
organized under the laws of the State of New York ("DTC"), in accordance with the operational
arrangements referenced in the Blanket Issuer Letter of Representations by and between the City and
DTC(the "Depository Agreement").
Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited
with DTC who shall hold said Certificates for its participants (the "DTC Participants"). While the
Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the
Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of
DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the
"Beneficial Owners")being recorded in the records of DTC and DTC Participants.
In the event DTC determines to discontinue serving as securities depository for the Certificates or
otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or
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the City determines that DTC is incapable of properly discharging its duties as securities depository for
the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to
be printed in definitive form and issued and delivered to DTC Participants and Beneficial Owners, as the
case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged
on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall
be made in accordance with the provisions of Sections 3, 4 and 5 hereof.
SECTION 7. Execution- Registration. The Certificates shall be executed on behalf of the City
by the Mayor or Mayor Pro Tem under its seal reproduced or impressed thereon and countersigned by the
City Secretary. The signatures of said officers on the Certificates may be manual or facsimile.
Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers
of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City,
notwithstanding that one or more of the individuals executing the same shall cease to be such officer at
the time of delivery of the Certificates to the initial purchaser(s) and with respect to Certificates delivered
in subsequent exchanges and transfers, all as authorized and provided in Texas Government Code,
Chapter 1201, as amended.
No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or
obligatory for any purpose, unless there appears on such Certificate either a certificate of registration
substantially in the form provided in Section 9(c), manually executed by the Comptroller of Public
Accounts of the State of Texas, or his or her duly authorized agent, or a certificate of registration
substantially in the form provided in Section 9(d), manually executed by an authorized officer, employee
or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any
Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly
certified,registered and delivered.
SECTION 8. Initial Certificate(s). The Certificates herein authorized shall be initially issued
either(i) as a single fully registered certificate in the total principal amount stated in Section 1 hereof with
principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or
(ii) as multiple fully registered certificates with one certificate for each year of maturity in the applicable
principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter
called the "Initial Certificate(s)") and, in either case, the Initial Certificate(s) shall be registered in the
name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the
Certificate(s) submitted to the Office of the Attorney General of the State of Texas for approval, certified
and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to
the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying
Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof,
shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of
authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for
transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in
accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such
other information and documentation as the Paying Agent/Registrar may reasonably require.
SECTION 9. Forms.
(a) Forms Generally. The Certificates, the Registration Certificate of the Comptroller of
Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the
form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth
in this Section with such appropriate insertions, omissions, substitutions, and other variations as are
permitted or required by this Ordinance and may have such letters, numbers, or other marks of
identification (including identifying numbers and letters of the Committee on Uniform Securities
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Identification Procedures of the American Bankers Association) and such legends and endorsements
(including insurance legends in the event the Certificates, or any maturities thereof, are purchased with
insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be
established by the City or determined by the officers executing such Certificates as evidenced by their
execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an
appropriate reference thereto on the face of the Certificate.
The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, engraved,
typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the
officers executing such Certificates as evidenced by their execution.
(b) Form of Definitive Certificates.
REGISTERED REGISTERED
NO. $
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF WYLIE, TEXAS,
COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION,
SERIES 2017
Certificate Date: Interest Rate: Stated Maturity: CUSIP No.:
May 1,2017 % February 15, 20
Registered Owner:
Principal Amount: DOLLARS
The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal
corporation in the Counties of Collin, Dallas and Rockwall, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the
registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove
stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the
unpaid principal amount hereof from the interest payment date next preceding the "Registration Date" of
this Certificate appearing below (unless this Certificate bears a "Registration Date" as of an interest
payment date, in which case it shall bear interest from such date, or unless the "Registration Date" of this
Certificate is prior to the initial interest payment date in which case it shall bear interest from the date of
delivery to the initial purchasers) at the per annum rate of interest specified above computed on the basis
of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in
each year, commencing February 15, 2018, until maturity or prior redemption. Principal of this
Certificate is payable at its Stated Maturity or on a redemption date to the registered owner hereof, upon
presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar
executing the registration certificate appearing hereon, or its successor; provided, however, while this
Certificate is registered to Cede & Co., the payment of principal upon a partial redemption of the
principal amount hereof may be accomplished without presentation and surrender of this Certificate.
Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as
defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register"
maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last
business day of the month next preceding each interest payment date, and interest shall be paid by the
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Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the
registered owner recorded in the Security Register or by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the
payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a
day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day
when banking institutions are authorized to close; and payment on such date shall have the same force
and effect as if made on the original date payment was due. All payments of principal of, premium, if
any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof
and in any coin or currency of the United States of America which at the time of payment is legal tender
for the payment of public and private debts.
This Certificate is one of the series specified in its title issued in the aggregate principal amount
of$ (herein referred to as the "Certificates") for the purpose of paying contractual obligations
to be incurred for (i) improving and extending the City's Waterworks and Sewer System and (ii)
professional services rendered in connection with such projects and the financing thereof, under and in
strict conformity with the Constitution and laws of the State of Texas, particularly Texas Local
Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by
the City Council of the City(herein referred to as the "Ordinance").
The Certificates maturing on and after February 15, 2028, may be redeemed prior to their Stated
Maturities, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral
multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15,
2027, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of
redemption.
At least thirty (30) days prior to a redemption date, the City shall cause a written notice of such
redemption to be sent by United States Mail, first class postage prepaid, to the registered owners of each
Certificate to be redeemed at the address shown on the Security Register and subject to the terms and
provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal
sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the
redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due
and payable, and, if moneys for the payment of the redemption price and the interest accrued on the
principal amount to be redeemed to the date of redemption are held for the purpose of such payment by
the Paying Agent/Registrar, interest shall cease to accrue and be payable from and after the redemption
date on the principal amount redeemed.
In the event a portion of the principal amount of a Certificate is to be redeemed and the registered
owner is someone other than Cede & Co.,payment of the redemption price of such principal amount shall
be made to the registered owner only upon presentation and surrender of such Certificate to the
Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Certificate or Certificates
of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then
unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge.
If a Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar
shall not be required to transfer such Certificate to an assignee of the registered owner within forty-five
(45) days of the redemption date therefor; provided, however, such limitation on transferability shall not
be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate
redeemed in part.
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With respect to any optional redemption of the Certificates, unless moneys sufficient to pay the
principal of and premium, if any, and interest on the Certificates to be redeemed shall have been received
by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that
said redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior
to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice
of redemption; and, if sufficient moneys are not received, such notice shall be of no force and effect, the
City shall not redeem such Certificates and the Paying Agent/Registrar shall give notice,in the manner in
which the notice of redemption was given, to the effect that the Certificates have not been redeemed.
The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations
prescribed by law, upon all taxable property in the City and from a limited pledge of the Net Revenues of
the City's combined Waterworks and Sewer System (the "System"), such pledge of the Net Revenues for
the payment of the Certificates being limited to an amount of$1,000 and, together with a parity pledge
securing the payment of the Previously Issued Certificates,being junior and subordinate to the lien on and
pledge of such Net Revenues securing the payment of Prior Lien Obligations now outstanding and
hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien
Obligations without limitation as to principal amount but subject to any applicable terms, conditions or
restrictions under law or otherwise, as well as the right to issue additional obligations payable from the
same sources as the Certificates and, together with the Previously Issued Certificates and the Certificates,
equally and ratably secured by a parity lien on and pledge of the Net Revenues of the System.
Reference is hereby made to the Ordinance, a copy of which is on file in the Designated
Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or
holder of this Certificate by the acceptance hereof hereby assents; for definitions of terms; the description
of and the nature and extent of the tax levied for the payment of the Certificates; the nature and extent of
the pledge of the Net Revenues securing the payment of the principal of and interest on the Certificates;
the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which
the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights,
duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which
the tax levy and the pledge of the Net Revenues and covenants made in the Ordinance may be discharged
at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding
thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein and
not otherwise defined have the meanings assigned in the Ordinance.
This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on
the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office
of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a
written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the
registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs,
one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations,
bearing the same rate of interest and of the same aggregate principal amount will be issued by the Paying
Agent/Registrar to the designated transferee or transferees.
The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner
whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of
interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of
principal hereof at its Stated Maturity or upon its prior redemption, in whole or in part, and (iii) on any
other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any
agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a
scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment(a
"Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the
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payment of such interest have been received. Notice of the Special Record Date and of the scheduled
payment date of the past due interest(which shall be 15 days after the Special Record Date) shall be sent
at least five (5) business days prior to the Special Record Date by United States Mail, first class postage
prepaid, to the address of each Holder appearing on the Security Register at the close of business on the
last business day next preceding the date of mailing of such notice.
It is hereby certified, recited, represented and declared that the City is a body corporate and
political subdivision duly organized and legally existing under and by virtue of the Constitution and laws
of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts,
conditions and things required to exist and be done precedent to and in the issuance of the Certificates to
render the same lawful and valid obligations of the City have been properly done, have happened and
have been performed in regular and due time, form and manner as required by the Constitution and laws
of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or
statutory limitation; and that due provision has been made for the payment of the principal of and interest
on the Certificates by the levy of a tax and a limited pledge of the Net Revenues of the System as
aforestated. In case any provision in this Certificate or any application thereof shall be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall
not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the
Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly
executed under the official seal of the City as of the Certificate Date.
CITY OF WYLIE, TEXAS
Mayor
COUNTERSIGNED:
City Secretary
(City Seal)
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(C) Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial
Certificate(s) only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER )
)
OF PUBLIC ACCOUNTS ) REGISTER NO.
)
THE STATE OF TEXAS )
I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and
approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public
Accounts of the State of Texas.
WITNESS my signature and seal of office this .
Comptroller of Public Accounts
of the State of Texas
(SEAL)
(d) Form of Certificate of Paying Agent/Registrar to appear on Definitive Certificates only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Certificate has been duly issued and registered under the provisions of the within mentioned
Ordinance; the certificate or certificates of the above entitled and designated series originally delivered
having been approved by the Attorney General of the State of Texas and registered by the Comptroller of
Public Accounts, as shown by the records of the Paying Agent/Registrar.
The designated office of the Paying Agent/Registrar located in East Syracuse, New York, is the
"Designated Payment/Transfer Office" for this Certificate.
THE BANK OF NEW YORK MELLON TRUST
COMPANY,N.A., Dallas, Texas,
as Paying Agent/Registrar
Registration Date:
By
Authorized Signature
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(e) Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or
typewrite name, address, and zip code of transferee:)
(Social Security or other identifying number ) the within Certificate
and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer the within Certificate on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
NOTICE: The signature on this assignment
must correspond with the name of the
Signature guaranteed: registered owner as it appears on the face of the
within Certificate in every particular.
(f) The Initial Certificate(s) shall be in the form set forth in subsection (b) of this Section,
except that the form of a single fully registered Initial Certificate shall be modified as follows:
REGISTERED REGISTERED
NO. T-1 $
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF WYLIE, TEXAS,
COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION,
SERIES 2017
Certificate Date: May 1, 2017
Registered Owner:
Principal Amount: MILLION THOUSAND DOLLARS
The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal
corporation in the Counties of Collin, Dallas and Rockwall, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the
registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years
and in principal installments in accordance with the following schedule:
YEAR OF PRINCIPAL INTEREST
STATED MATURITY AMOUNT RATE(S)
(Information to be inserted from schedule in Section 2 hereof).
(or so much thereof as shall not have been redeemed prior to maturity) and to pay interest on the unpaid
principal amounts hereof from the date of delivery to the initial purchasers at the per annum rate(s) of
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interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest
being payable on February 15 and August 15 of each year, commencing February 15, 2018,until maturity
or prior redemption. Principal installments of this Certificate are payable on the Stated Maturity dates or
on a redemption date to the registered owner hereof by The Bank of New York Mellon Trust Company,
N.A., Dallas, Texas (the "Paying Agent/Registrar"), upon its presentation and surrender at its designated
offices, initially in East Syracuse, New York, or, with respect to a successor paying agent/registrar, at the
designated office of such successor (the "Designated Payment/Transfer Office"). Interest is payable to
the registered owner of this Certificate whose name appears on the "Security Register"maintained by the
Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of
the month next preceding each interest payment date hereof and interest shall be paid by the Paying
Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the
registered owner recorded in the Security Register or by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the
payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a
day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day
when banking institutions are authorized to close; and payment on such date shall have the same force
and effect as if made on the original date payment was due. All payments of principal of, premium, if
any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof
and in any coin or currency of the United States of America which at the time of payment is legal tender
for the payment of public and private debts.
SECTION 10. Definitions. For purposes of this Ordinance and for clarity with respect to the
issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues
therefor, the following words or terms, whenever the same appears herein without qualifying language,
are defined to mean as follows:
(a) The term "Certificates" shall mean the "City of Wylie, Texas, Combination
Tax and Revenue Certificates of Obligation, Series 2017" authorized by this Ordinance.
(b) The term "Certificate Fund" shall mean the special Fund created and
established under the provisions of Section 11 of this Ordinance.
(c) The term"City" shall mean the City of Wylie, Texas.
(d) The term "Collection Date" shall mean,when reference is being made to the
levy and collection of annual ad valorem taxes, the date annual ad valorem taxes levied
each year by the City become delinquent.
(e) The term "Fiscal Year" shall mean the twelve month accounting period used
by the City in connection with the operation of the System which may be any twelve
consecutive month period established by the City.
(f) The term "Government Securities" shall mean (i) direct noncallable
obligations of the United States of America, including obligations the principal of and
interest on which are unconditionally guaranteed by the United States of America, (ii)
noncallable obligations of an agency or instrumentality of the United States, including
obligations unconditionally guaranteed or insured by the agency or instrumentality and,
on the date of their acquisition or purchase by the City, are rated as to investment quality
by a nationally recognized investment rating firm not less than AAA or its equivalent,
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(iii) noncallable obligations of a state or an agency or a county, municipality, or other
political subdivision of a state that have been refunded and that, on the date of their
acquisition or purchase by the City, are rated as to investment quality by a nationally
recognized investment rating firm not less than AAA or its equivalent and (iv) any other
then authorized securities or obligations that may be used to defease obligations such as
the Certificates under the then applicable laws of the State of Texas.
(g) The term "Gross Revenues" shall mean all income, receipts and revenues of
every nature derived or received from the operation and ownership (excluding refundable
meter deposits, restricted gifts and grants in aid of construction) of the System, including
earnings and income derived from the investment or deposit of moneys in any special
funds or accounts created and established for the payment and security of the Prior Lien
Obligations and other obligations payable solely from and secured only by a lien on and
pledge of the Net Revenues.
(h) The term "Maintenance and Operating Expenses" shall mean all current
expenses of operating and maintaining the System, including all salaries, labor,materials,
repairs and extensions necessary to render efficient service; provided, however, that only
such repairs and extensions, as in the judgment of the City Council, reasonably and fairly
exercised, are necessary to maintain the operations and render adequate service to the
City and the inhabitants thereof, or such as might be necessary to meet some physical
accident or condition which would otherwise impair obligations payable from Net
Revenues shall be deducted in determining "Net Revenues". Depreciation charges shall
not be considered Maintenance and Operating Expenses. Maintenance and Operating
Expenses shall include payments under contracts for the purchase of water supply,
treatment of sewage or other materials, goods or services for the System to the extent
authorized by law and the provisions of such contract.
(i) The term "Net Revenues" shall mean Gross Revenues of the System, with
respect to any period, after deducting the System's Maintenance and Operating Expenses
during such period.
(j) The term "Outstanding", when used in this Ordinance with respect to
Certificates, shall mean, as of the date of determination, all Certificates theretofore issued
and delivered under this Ordinance, except:
(1) those Certificates cancelled by the Paying Agent/Registrar
or delivered to the Paying Agent/Registrar for cancellation;
(2) those Certificates deemed to be duly paid by the City in
accordance with the provisions of Section 20 hereof; and
(3) those mutilated, destroyed, lost, or stolen Certificates
which have been replaced with Certificates registered and delivered in
lieu thereof as provided in Section 19 hereof.
(k) The term "Previously Issued Certificates" shall mean the outstanding "City
of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2008",
dated July 15, 2008 and "City of Wylie, Texas, Combination Tax and Revenue
Certificates of Obligation, Series 2010", dated July 15, 2010.
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(I) The term "Prior Lien Obligations" shall mean obligations hereafter issued
which by the terms of the authorizing ordinance are made payable from and secured by a
lien on and pledge of the Net Revenues of the System ranking prior and superior to the
lien and pledge securing the payment of the Previously Issued Certificates and the
Certificates.
(m) The term "System" shall mean all properties, facilities and plants currently
owned, operated and maintained by the City for the supply, treatment, transmission and
distribution of treated potable water and the collection, treatment and disposal of water
carried wastes, together with all future extensions, improvements, replacements and
additions thereto; provided, however, that notwithstanding the foregoing, and to the
extent now or hereafter authorized or permitted by law, the term "System" shall not mean
to include facilities of any kind which are declared not to be a part of the System and
which are acquired or constructed by or on behalf of the City with the proceeds from the
issuance of"Special Facilities Bonds", which are hereby defined as being special revenue
obligations of the City which are not bonds but which are payable from and secured by
other liens on and pledges of any revenues, sources or payments, not pledged to the
payment of the bonds including,but not limited to, special contract revenues or payments
received from any other legal entity in connection with such facilities.
SECTION 11. Certificate Fund. For the purpose of paying the interest on and to provide a
sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby
created a special account or fund on the books and records of the City known as the "SPECIAL SERIES
2017 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND", and all moneys deposited to
the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's
depository bank. The Mayor, Mayor Pro Tem, City Manager, Finance Director, and City Secretary of the
City, individually or collectively, are hereby authorized and directed to make withdrawals from said Fund
sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and,
shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund
an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such
transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately
available funds to be deposited with the Paying Agent/Registrar on or before the last business day next
preceding each interest and principal payment date for the Certificates.
Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may,
at the option of the City, be invested in obligations identified in, and in accordance with the provisions of
the "Public Funds Investment Act" (Texas Government Code, Chapter 2256, as amended) or other
applicable laws governing the investment of interest and sinking funds;provided that all such investments
shall be made in such a manner that the money required to be expended from the Certificate Fund will be
available at the proper time or times. All interest and income derived from deposits and investments in
the Certificate Fund shall be credited to, and any losses debited to, the Certificate Fund. All such
investments shall be sold promptly when necessary to prevent any default in connection with the
Certificates.
SECTION 12. Tax Levy. To provide for the payment of the "Debt Service Requirements" on
the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at
maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is
hereby levied, for the current year and each succeeding year thereafter while said Certificates or any
interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars' valuation of
taxable property in said City, within the limitations prescribed by law, adequate to pay such Debt Service
Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be
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assessed and collected each year and applied to the payment of the Debt Service Requirements, and the
same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the
Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax
legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the
existing and available taxing authority of the City for such purpose is adequate to permit a legally
sufficient tax in consideration of all other outstanding indebtedness.
The amount of taxes to be provided annually for the payment of the principal of and interest on
the Certificates shall be determined and accomplished in the following manner:
(a) Prior to the date the City Council establishes the annual tax rate and passes an ordinance
levying ad valorem taxes each year,the City Council shall determine:
(1) The amount on deposit in the Certificate Fund after (a) deducting
therefrom the total amount of Debt Service Requirements to become due on Certificates
prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto
the amount of the Net Revenues of the System, together with any other lawfully available
revenues of the City, appropriated and allocated to pay such Debt Service Requirements
prior to the Collection Date for the ad valorem taxes to be levied.
(2) The amount of Net Revenues of the System, together with any other
lawfully available revenues of the City, appropriated and to be set aside for the payment
of the Debt Service Requirements on the Certificates between the Collection Date for the
taxes then to be levied and the Collection Date for the taxes to be levied during the next
succeeding calendar year.
(3) The amount of Debt Service Requirements to become due and payable
on the Certificates between the Collection Date for the taxes then to be levied and the
Collection Date for the taxes to be levied during the next succeeding calendar year.
(b) The amount of taxes to be levied annually each year to pay the Debt Service Requirements
on the Certificates shall be the amount established in paragraph (3) above less the sum total of the
amounts established in paragraphs (1) and (2), after taking into consideration delinquencies and costs of
collecting such annual taxes.
SECTION 13. Limited Pledge of Net Revenues. The City hereby covenants and agrees that,
subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of
Prior Lien Obligations, the Net Revenues of the System in an aggregate amount not to exceed $1,000 are
hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the
limited pledge of $1,000 of the Net Revenues of the System herein made for the payment of the
Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and
provisions hereof and shall be on an parity in all respects with the lien on the Net Revenues securing the
payment of the Previously Issued Certificates until such time as the City shall pay all of such $1,000 after
which time the pledge shall cease. Furthermore, such lien on and pledge of the Net Revenues securing
the payment of the Certificates shall be valid and binding and fully perfected from and after the date of
adoption of this Ordinance without physical delivery or transfer or transfer of control of the Net
Revenues, the filing of this Ordinance or any other act; all as provided in Chapter 1208 of the Texas
Government Code, as amended("Chapter 1208").
Chapter 1208 applies to the issuance of the Certificates and the limited pledge of the Net
Revenues of the System granted by the City under this Section 13, and such limited pledge is therefore
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valid, effective and perfected. If Texas law is amended at any time while the Certificates are Outstanding
such that the limited pledge of the Net Revenues of the System granted by the City under this Section 13
is to be subject to the filing requirements of Chapter 9, Texas Business and Commerce Code, as amended,
then in order to preserve to the registered owners of the Certificates the perfection of the security interest
in said limited pledge, the City agrees to take such measures as it determines are reasonable and necessary
under Texas law to comply with the applicable provisions of Chapter 9, Texas Business and Commerce
Code, as amended, and enable a filing to perfect the security interest in said limited pledge to occur.
SECTION 14. System Fund. The City hereby covenants and agrees that all Gross Revenues
(excluding earnings from the investment of money held in any special funds or accounts created for the
payment and security of Prior Lien Obligations) shall be deposited as collected into a fund maintained at
an official depository of the City and known on the books of the City as the "Water and Sewer System
Fund" (hereinafter called the "System Fund"). All moneys deposited to the credit of the System Fund
shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the
order of priority shown, to wit:
First: To the
payment of all necessary and reasonable Maintenance and Operating Expenses as defined
herein or required by statute to be a first charge on and claim against the Gross Revenues
thereof.
Second: To the
payment of all amounts required to be deposited in the special Funds created and
established for the payment, security and benefit of Prior Lien Obligations in accordance
with the terms and provisions of the ordinances authorizing the issuance of Prior Lien
Obligations.
Third: Equally
and ratably, to the payment of the limited amounts pledged to the payment of the
Previously Issued Certificates and the Certificates.
Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or
making adequate and sufficient provision for the payment thereof, may be appropriated and used for any
other City purpose now or hereafter permitted by law.
SECTION 15. Security of Funds. All moneys on deposit in the Funds for which this Ordinance
makes provision (except any portion thereof as may be at any time properly invested) shall be secured in
the manner and to the fullest extent required by the laws of Texas for the security of public funds, and
moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance.
SECTION 16. Special Covenants. The City hereby further covenants as follows:
(1) It has the
lawful power to pledge the Net Revenues of the System to the payment of the Certificates
in the manner herein contemplated and has lawfully exercised such power under the
Constitution and laws of the State of Texas, including said power existing under Texas
Government Code, Sections 1502.56 and 1502.58 and Texas Local Government Code,
Sections 271.041, et seq.
(2) Other
than for the payment of the outstanding Prior Lien Obligations, the Previously Issued
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Certificates and the Certificates, the Net Revenues of the System have not in any manner
been pledged to the payment of any debt or obligation of the City or of the System.
SECTION 17. Issuance of Prior Lien Obligations and Additional Parity Obligations. The City
hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to
principal amount but subject to any terms, conditions or restrictions applicable thereto under law or
otherwise, and such Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the
Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon
such terms and secured in such manner as the City Council may determine. Additionally, the City
reserves the right without any limitations or restrictions to issue additional obligations payable (in whole
or in part) from and secured by lien on and pledge of the Net Revenues of the System of equal rank and
dignity with the lien on and pledge of such Net Revenues securing the payment of the Previously Issued
Certificates and the Certificates.
SECTION 18. Application of Prior Lien Obligations Covenants and Agreements. It is the
intention of this governing body and accordingly hereby recognized and stipulated that the provisions,
agreements and covenants contained herein bearing upon the management and operations of the System,
and the administering and application of revenues derived from the operation thereof, shall to the extent
possible be harmonized with like provisions, agreements and covenants contained in the ordinances
authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict
between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien
Obligations,the provisions, agreements and covenants contained therein shall prevail to the extent of such
conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits,
if any, conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding the above, any
change or modification affecting the application of revenues derived from the operation of the System
shall not impair the obligation of contract with respect to the pledge of revenues herein made for the
payment and security of the Certificates.
SECTION 19. Mutilated- Destroyed -Lost and Stolen Certificates. In case any Certificate shall
be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a
replacement Certificate of like form and tenor, and in the same denomination and bearing a number not
contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of
and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and
after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the
Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the
ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount
satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges
associated with such indemnity and with the preparation, execution and delivery of a replacement
Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed,lost or stolen.
Every replacement Certificate issued pursuant to this Section shall be a valid and binding
obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other
Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost,
or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent
lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed,
lost or stolen Certificates.
SECTION 20. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or
there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the
Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied
under this Ordinance and the Net Revenues of the System (to the extent such pledge of Net Revenues
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shall not have been discharged or terminated by prior payment of principal of or interest on the
Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall
thereupon cease,terminate, and be discharged and satisfied.
Certificates or any principal amount(s) thereof shall be deemed to have been paid within the
meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such
Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with
all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying
Agent/Registrar, or an authorized escrow agent, or(ii) Government Securities shall have been irrevocably
deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government
Securities have been certified by an independent accounting firm to mature as to principal and interest in
such amounts and at such times as will insure the availability, without reinvestment, of sufficient money,
together with any moneys deposited therewith, if any, to pay when due the principal of and interest on
such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if
notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to
the Paying Agent/Registrar have been made) the redemption date thereof. The City covenants that no
deposit of moneys or Government Securities will be made under this Section and no use made of any
such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of
Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto.
Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow agent, and all
income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow
agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal
amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be
remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying
Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining
unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the
Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be
remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any
remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable
unclaimed property laws of the State of Texas.
SECTION 21. Ordinance a Contract - Amendments. This Ordinance shall constitute a contract
with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the
City so long as any Certificate remains Outstanding except as permitted in this Section and in Section 37
hereof. The City may,without the consent of or notice to any Holders, from time to time and at any time,
amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing
of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the
consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding,
amend, add to, or rescind any of the provisions of this Ordinance;provided that,without the consent of all
Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time
or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the
principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify
the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any
preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of
Certificates required to be held by Holders for consent to any such amendment, addition, or rescission.
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SECTION 22. Covenants to Maintain Tax-Exempt Status.
(a) Definitions. When used in this Section, the following terms have the following meanings:
"Closing Date" means the date on which the Certificates are first authenticated and delivered to
the initial purchasers against payment therefor.
"Code"means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective
on or before the Closing Date.
"Computation Date"has the meaning set forth in Section 1.148-1(b) of the Regulations.
"Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and
any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates.
"Investment"has the meaning set forth in Section 1.148-1(b) of the Regulations.
"Nonpurpose Investment" means any investment property, as defined in section 148(b) of the
Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the
governmental purposes of the Certificates.
"Rebate Amount"has the meaning set forth in Section 1.148-1(b) of the Regulations.
"Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant
to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which
are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as
appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or
replace the specific Regulation referenced.
"Yield" of(1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and
(2)the Certificates has the meaning set forth in Section 1.148-4 of the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or
omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or
improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if
made or omitted, respectively, would cause the interest on any Certificate to become includable in the
gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes.
Without limiting the generality of the foregoing, unless and until the City receives a written opinion of
counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with
such covenant will not adversely affect the exemption from federal income tax of the interest on any
Certificate, the City shall comply with each of the specific covenants in this Section.
(C) No Private Use or Private Payments. Except as permitted by section 141 of the Code and
the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of
Certificates:
(1) exclusively own, operate and possess all property the acquisition,
construction or improvement of which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such
Gross Proceeds (including all contractual arrangements with terms different than those
applicable to the general public) or any property acquired, constructed or improved with
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such Gross Proceeds in any activity carried on by any person or entity (including the
United States or any agency, department and instrumentality thereof) other than a state or
local government,unless such use is solely as a member of the general public; and
(2) not directly or indirectly impose or accept any charge or other payment
by any person or entity who is treated as using Gross Proceeds of the Certificates or any
property the acquisition, construction or improvement of which is to be financed or
refinanced directly or indirectly with such Gross Proceeds, other than taxes of general
application within the City or interest earned on investments acquired with such Gross
Proceeds pending application for their intended purposes.
(d) No Private Loan. Except to the extent permitted by section 141 of the Code and the
Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or
finance loans to any person or entity other than a state or local government. For purposes of the foregoing
covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property
acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a
transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such
property is committed to such person or entity under a take-or-pay, output or similar contract or
arrangement; or(3)indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any
property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a
transaction which is the economic equivalent of a loan.
(e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code
and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity
of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds
to replace money so invested), if as a result of such investment the Yield from the Closing Date of all
Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or
previously disposed of, exceeds the Yield of the Certificates.
(f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code
and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would
cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the
Regulations and rulings thereunder.
(g) Information Report. The City shall timely file the information required by section 149(e)
of the Code with the Secretary of the Treasury on Form 8038 G or such other form and in such place as
the Secretary may prescribe.
(h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of
the Code and the Regulations and rulings thereunder:
(1) The City shall account for all Gross Proceeds (including all receipts,
expenditures and investments thereof) on its books of account separately and apart from
all other funds (and receipts, expenditures and investments thereof) and shall retain all
records of accounting for at least six years after the day on which the last outstanding
Certificate is discharged. However, to the extent permitted by law, the City may
commingle Gross Proceeds of the Certificates with other money of the City,provided that
the City separately accounts for each receipt and expenditure of Gross Proceeds and the
obligations acquired therewith.
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(2) Not less frequently than each Computation Date, the City shall calculate
the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and
the Regulations and rulings thereunder. The City shall maintain such calculations with its
official transcript of proceedings relating to the issuance of the Certificates until six years
after the final Computation Date.
(3) As additional consideration for the purchase of the Certificates by the
Purchasers and the loan of the money represented thereby and in order to induce such
purchase by measures designed to insure the excludability of the interest thereon from the
gross income of the owners thereof for federal income tax purposes, the City shall pay to
the United States from the construction fund, the general fund, or other appropriate fund
or,if permitted by applicable Texas statute, regulation or opinion of the Attorney General
of the State of Texas, the Certificate Fund, the amount that when added to the future
value of previous rebate payments made for the Certificates equals (i) in the case of a
Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one
hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any
other Computation Date,ninety percent(90%) of the Rebate Amount on such date. In all
cases, the rebate payments shall be made at the times,in the installments, to the place and
in the manner as is or may be required by section 148(f) of the Code and the Regulations
and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms
and information as is or may be required by Section 148(f) of the Code and the
Regulations and rulings thereunder.
(4) The City shall exercise reasonable diligence to assure that no errors are
made in the calculations and payments required by paragraphs (2) and (3), and if an error
is made, to discover and promptly correct such error within a reasonable amount of time
thereafter (and in all events within one hundred eighty (180) days after discovery of the
error), including payment to the United States of any additional Rebate Amount owed to
it,interest thereon, and any penalty imposed under Section 1.148 3(h) of the Regulations.
(i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code
and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated
Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required
to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results
in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and
had the Yield of the Certificates not been relevant to either party.
(j) Elections. The City hereby directs and authorizes the Mayor, City Manager, Finance
Director and City Secretary, individually or jointly, to make elections permitted or required pursuant to
the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with
the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or
document.
SECTION 23. Sale of Certificates. Pursuant to a public sale for the Certificates, the bid
submitted by (herein referred to as the "Purchasers") is declared to be the best bid
received producing the lowest true interest cost rate to the City, and the sale of the Certificates to said
Purchaser at the price of par plus a cash premium of $ is hereby determined to be in the best
interests of the City and is approved and confirmed. Delivery of the Certificates to the Purchasers shall
occur as soon as possible upon payment being made therefor in accordance with the terms of sale. The
Initial Certificate shall be registered as provided in the winning bid.
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SECTION 24. Official Statement. The use of the Preliminary Official Statement by the
Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed
and approved in all respects. The final Official Statement, which reflects the terms of sale (together with
such changes approved by the Mayor, Mayor Pro Tem, Finance Director or City Manager, any one or
more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby
authorized to use and distribute said final Official Statement, dated May 9, 2017, in the reoffering, sale
and delivery of the Certificates to the public. The Mayor or Mayor Pro Tem and City Secretary are
further authorized to deliver for and on behalf of the City copies of said Official Statement in final form
as may be required by the Purchasers, and such final Official Statement in the form and content
authorized to be delivered by said officials shall be deemed to be approved by the City Council and
constitute the Official Statement authorized for distribution and use by the Purchasers.
SECTION 25. Proceeds of Sale. The proceeds of sale of the Certificates, excluding the amounts
to pay costs of issuance, shall be deposited in a construction fund maintained at the City's depository
bank or used to pay costs of issuance. Pending expenditure for authorized projects and purposes, such
proceeds of sale may be invested in authorized investments in accordance with the provisions of Texas
Government Code, Chapter 2256, as amended, including guaranteed investment contracts permitted by
Texas Section 2256.015 et seq., and the City's investment policies and guidelines, and any investment
earnings realized may be expended for such authorized projects and purposes or deposited in the
Certificate Fund as shall be determined by the City Council. Any surplus proceeds of sale of the
Certificates, including investment earnings, remaining after completion of all authorized projects or
purposes shall be deposited to the credit of the Certificate Fund.
SECTION 26. Control and Custody of Certificates. The Mayor of the City shall be and is
hereby authorized to take and have charge of all necessary orders and records pending the sale of the
Certificates, the investigation by the Attorney General of the State of Texas, including the printing and
supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s)
pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of
Public Accounts and the delivery thereof to the Purchasers.
SECTION 27. Notices to Holders - Waiver. Wherever this Ordinance provides for notice to
Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided)
if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder
appearing in the Security Register at the close of business on the business day next preceding the mailing
of such notice.
In any case where notice to Holders is given by mail,neither the failure to mail such notice to any
particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with
respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice
may be waived in writing by the Holder entitled to receive such notice, either before or after the event
with respect to which such notice is given, and such waiver shall be the equivalent of such notice.
Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a
condition precedent to the validity of any action taken in reliance upon such waiver.
SECTION 28. Cancellation. All Certificates surrendered for payment, redemption, transfer,
exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it
and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already
cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver
to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and
delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered
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shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying
Agent/Registrar shall be returned to the City.
SECTION 29. Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the
Certificates is subject to being furnished a final opinion of Norton Rose Fulbright US LLP, Dallas, Texas,
Bond Counsel to the City, approving the Certificates as to their validity, said opinion to be dated and
delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said
opinion shall accompany the global certificates deposited with DTC or a reproduction thereof shall be
printed on the definitive Certificates in the event the book-entry-only system shall be discontinued.
SECTION 30. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive
Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the
definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the
City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers
incorrectly printed or typed on the definitive Certificates.
SECTION 31. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is
intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar
and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or
any provision hereof, and this Ordinance and all its provisions is intended to be and shall be for the sole
and exclusive benefit of the City, the Paying Agent/Registrar and the Holders.
SECTION 32. Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof,
which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the
extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the
matters contained herein.
SECTION 33. Governing Law. This Ordinance shall be construed and enforced in accordance
with the laws of the State of Texas and the United States of America.
SECTION 34. Effect of Headings. The Section headings herein are for convenience of
reference only and shall not affect the construction hereof.
SECTION 35. Construction of Terms. If appropriate in the context of this Ordinance, words of
the singular number shall be considered to include the plural, words of the plural number shall be
considered to include the singular, and words of the masculine, feminine or neuter gender shall be
considered to include the other genders.
SECTION 36. Severability. If any provision of this Ordinance or the application thereof to any
circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to
other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance
would have been enacted without such invalid provision.
SECTION 37. Continuing Disclosure Undertaking.
(a) Definitions. As used in this Section, the following terms have the meanings ascribed to
such terms below:
"MSRB"means the Municipal Securities Rulemaking Board.
"Rule"means SEC Rule 15c2 12, as amended from time to time.
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"SEC"means the United States Securities and Exchange Commission.
(b) Annual Reports. The City shall provide annually to the MSRB: (1) within six months after
the end of each fiscal year ending in or after 2017, financial information and operating data with respect
to the City of the general type included in Tables numbered 1 through 6 and 8 through 15 of the final
Official Statement approved in Section 24 of this Ordinance and(2) within twelve months after the end of
each fiscal year ending in or after 2017, audited financial statements of the City. Any financial statements
so provided shall be prepared in accordance with the accounting principles described in Appendix B to
the Official Statement or such other accounting principles as the City may be required to employ from
time to time pursuant to state law or regulation. If audited financial statements are not available within 12
months after the end of any fiscal year, the City will provide unaudited financial statements by the
required time, and audited financial statements when and if such audited financial statements become
available.
If the City changes its fiscal year, it will notify the MSRB of the change (and of the date of the
new fiscal year end) prior to the next date by which the City otherwise would be required to provide
financial information and operating data pursuant to this Section.
The financial information and operating data to be provided pursuant to this Section may be set
forth in full in one or more documents or may be included by specific reference to any document
available to the public on the MSRB's Internet Web site or filed with the SEC.
(C) Notice of Certain Events. The City shall provide notice of any of the following events with
respect to the Certificates to the MSRB in a timely manner and not more than 10 business days after
occurrence of the event:
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults,if material;
(3) Unscheduled draws on debt service reserves reflecting financial
difficulties;
(4) Unscheduled draws on credit enhancements reflecting financial
difficulties;
(5) Substitution of credit or liquidity providers, or their failure to perform;
(6) Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701-TEB), or other material notices or determinations with respect to the tax status of
the Certificates, or other material events affecting the tax status of the Certificates;
(7) Modifications to rights of holders of the Certificates,if material;
(8) Certificate calls,if material, and tender offers;
(9) Defeasances;
(10) Release, substitution, or sale of property securing repayment of the
Certificates,if material;
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(11) Rating changes;
(12) Bankruptcy, insolvency, receivership, or similar event of the City, which
shall occur as described below;
(13) The consummation of a merger, consolidation, or acquisition involving
the City or the sale of all or substantially all of its assets, other than in the ordinary course
of business, the entry into of a definitive agreement to undertake such an action or the
termination of a definitive agreement relating to any such actions, other than pursuant to
its terms,if material; and
(14) Appointment of a successor or additional trustee or the change of name
of a trustee,if material.
For these purposes, any event described in the immediately preceding subsection (c)(12) is
considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or
similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other
proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by
leaving the existing governing body and officials or officers in possession but subject to the supervision
and orders of a court or governmental authority, or the entry of an order confirming a plan of
reorganization, arrangement, or liquidation by a court or governmental authority having supervision or
jurisdiction over substantially all of the assets or business of the City.
The City shall notify the MSRB, in a timely manner, of any failure by the City to provide
financial information or operating data in accordance with subsection (b) of this Section by the time
required by such Section.
(d) Filings with the MSRB. All financial information, operating data, financial statements,
notices and other documents provided to the MSRB in accordance with this Section shall be provided in
an electronic format prescribed by the MSRB and shall be accompanied by identifying information as
prescribed by the MSRB.
(e) Limitations, Disclaimers and Amendments. The City shall be obligated to observe and
perform the covenants specified in this Section for so long as,but only for so long as, the City remains an
"obligated person"with respect to the Certificates within the meaning of the Rule, except that the City in
any event will give the notice required by subsection (c) of this Section of any Certificate calls and
defeasance that cause the City to be no longer such an"obligated person."
The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the
Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or
equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the
financial information, operating data, financial statements, and notices which it has expressly agreed to
provide pursuant to this Section and does not hereby undertake to provide any other information that may
be relevant or material to a complete presentation of the City's financial results, condition, or prospects or
hereby undertake to update any information provided in accordance with this Section or otherwise, except
as expressly provided herein. The City does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Certificates at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR
BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR
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TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE
CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN
CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED
TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the City in observing or performing its obligations under this Section shall
constitute a breach of or default under this Ordinance for purposes of any other provision of this
Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of
the City under federal and state securities laws.
Notwithstanding anything herein to the contrary, the provisions of this Section may be amended
by the City from time to time to adapt to changed circumstances that arise from a change in legal
requirements, a change in law, or a change in the identity,nature, status, or type of operations of the City,
but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to
purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking
into account any amendments or interpretations of the Rule to the date of such amendment, as well as
such changed circumstances, and (2) either(a) the Holders of a majority in aggregate principal amount(or
any greater amount required by any other provision of this Ordinance that authorizes such an amendment)
of the Outstanding Certificates consent to such amendment or (b) a Person that is unaffiliated with the
City (such as nationally recognized bond counsel) determines that such amendment will not materially
impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this
Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the
applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are
invalid, but only if and to the extent that reservation of the City's right to do so would not prevent
underwriters of the initial public offering of the Certificates from lawfully purchasing or selling
Certificates in such offering. If the City so amends the provisions of this Section,it shall include with any
amended financial information or operating data next provided pursuant to subsection (b) of this Section
an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in
the type of financial information or operating data so provided.
SECTION 38. Further Procedures. Any one or more of the Mayor, Mayor Pro Tem, City
Manager, Finance Director and City Secretary are hereby expressly authorized, empowered and directed
from time to time and at any time to do and perform all such acts and things and to execute, acknowledge
and deliver in the name and on behalf of the City all agreements, instruments, certificates or other
documents, whether mentioned herein or not, as may be necessary or desirable in order to carry out the
terms and provisions of this Ordinance and the issuance of the Certificates. In addition,prior to the initial
delivery of the Certificates, the Mayor, Mayor Pro Tem, City Manager, Finance Director or Bond Counsel
to the City are each hereby authorized and directed to approve any changes or corrections to this
Ordinance or to any of the documents authorized and approved by this Ordinance: (i) in order to cure any
ambiguity, formal defect or omission in this Ordinance or such other document; or(ii) as requested by the
Attorney General of the State of Texas or his representative to obtain the approval of the Certificates by
the Attorney General and if such officer or counsel determines that such changes are consistent with the
intent and purpose of this Ordinance, which determination shall be final. In the event that any officer of
the City whose signature shall appear on any document shall cease to be such officer before the delivery
of such document, such signature nevertheless shall be valid and sufficient for all purposes the same as if
such officer had remained in office until such delivery.
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SECTION 39. Incorporation of Findings and Determinations. The findings and determinations
of the City Council contained in the preamble hereof are hereby incorporated by reference and made a
part of this Ordinance for all purposes as if the same were restated in full in this Section.
SECTION 40. Public Meeting. It is officially found, determined, and declared that the meeting
at which this Ordinance is adopted was open to the public and public notice of the time,place, and subject
matter of the public business to be considered at such meeting, including this Ordinance,was given, all as
required by Texas Government Code, Chapter 551, as amended.
SECTION 41. Effective Date. This Ordinance shall take effect and be in full force immediately
from and after its adoption on the date hereof in accordance with the provisions of Texas Government
Code, Section 1201.028, as amended.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th
day of May, 2017.
Eric Hogue,Mayor
ATTEST:
Carole Ehrlich, City Secretary
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EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
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PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT is entered into as of May 9, 2017 (this "Agreement"), by and
between The Bank of New York Mellon Trust Company, N.A., a banking association duly
organized and existing under the laws of the United States of America (the "Bank") and the City
of Wylie, Texas (the "Issuer"),
RECITALS
WHEREAS, the Issuer has duly authorized and provided for the issuance of its "City of
Wylie, Texas Combination Tax and Revenue Certificates of Obligation, Series 2017" (the
"Securities"), dated May 1, 2017, such Securities scheduled to be delivered to the initial
purchasers thereof on or about June 8, 2017; and
WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in
connection with the payment of the principal of, premium, if any, and interest on said Securities
and with respect to the registration, transfer and exchange thereof by the registered owners
thereof; and
WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the
Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the
Securities;
NOW, THEREFORE, it is mutually agreed as follows:
ARTICLE ONE
APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR
Section 1.01 Appointment. The Issuer hereby appoints the Bank to serve as Paying
Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be
responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the
Securities as the same become due and payable to the registered owners thereof; all in
accordance with this Agreement and the "Authorizing Document" (hereinafter defined). The
Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for
the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and
records as to the ownership of said Securities and with respect to the transfer and exchange
thereof as provided herein and in the Authorizing Document.
The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and
Registrar for the Securities.
Section 1.02 Compensation. As compensation for the Bank's services as Paying
Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in
Annex A attached hereto.
In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable
expenses, disbursements and advances incurred or made by the Bank in accordance with any
of the provisions hereof (including the reasonable compensation and the expenses and
disbursements of its agents and counsel).
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ARTICLE TWO
DEFINITIONS
Section 2.01 Definitions. For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires:
"Acceleration Date" on any Security means the date, if any, on and after
which the principal or any or all installments of interest, or both, are due and
payable on any Security which has become accelerated pursuant to the terms of
the Security.
"Authorizing Document" means the resolution, order, or ordinance of the
governing body of the Issuer pursuant to which the Securities are issued, as the
same may be amended or modified, including any pricing certificate related
thereto, certified by the secretary or any other officer of the Issuer and delivered
to the Bank.
"Bank Office" means the designated office of the Bank at the address
shown in Section 3.01 hereof. The Bank will notify the Issuer in writing of any
change in location of the Bank Office.
"Financial Advisor" means FirstSouthwest, a Division of Hilltop Securities
Inc.
"Holder" and "Security Holder" each means the Person in whose name a
Security is registered in the Security Register.
"Person" means any individual, corporation, partnership, joint venture,
association, joint stock company, trust, unincorporated organization or
government or any agency or political subdivision of a government.
"Predecessor Securities" of any particular Security means every previous
Security evidencing all or a portion of the same obligation as that evidenced by
such particular Security (and, for the purposes of this definition, any mutilated,
lost, destroyed, or stolen Security for which a replacement Security has been
registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the
Authorizing Document).
"Redemption Date", when used with respect to any Security to be
redeemed, means the date fixed for such redemption pursuant to the terms of the
Authorizing Document.
"Responsible Officer", when used with respect to the Bank, means the
Chairman or Vice-Chairman of the Board of Directors, the Chairman or
Vice-Chairman of the Executive Committee of the Board of Directors, the
President, any Vice President, the Secretary, any Assistant Secretary, the
Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any
Trust Officer or Assistant Trust Officer, or any other officer of the Bank
customarily performing functions similar to those performed by any of the above
designated officers and also means, with respect to a particular corporate trust
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matter, any other officer to whom such matter is referred because of his
knowledge of and familiarity with the particular subject.
"Security Register" means a register maintained by the Bank on behalf of
the Issuer providing for the registration and transfers of Securities.
"Stated Maturity" means the date specified in the Authorizing Document
the principal of a Security is scheduled to be due and payable.
Section 2.02 Other Definitions. The terms "Bank," "Issuer," and "Securities
(Security)" have the meanings assigned to them in the recital paragraphs of this Agreement.
The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties
and functions of this Agreement.
ARTICLE THREE
PAYING AGENT
Section 3.01 Duties of Payinci Accent. As Paying Agent, the Bank shall pay, provided
adequate collected funds have been provided to it for such purpose by or on behalf of the
Issuer, on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption
Date or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the
following address:
First Class/Registered/Certified Express Delivery/Courier By Hand Only
The Bank of New York The Bank of New York The Bank of New York Mellon
Mellon Trust Company, N.A. Mellon Trust Company, N.A. Trust Company, N.A.
Global Corporate Trust Global Corporate Trust Global Corporate Trust
P.O. Box 396 111 Sanders Creek Pkwy. Corporate Trust Window
East Syracuse, NY 13057 East Syracuse, NY 13057 101 Barclay Street, 1st Floor East
New York, NY 10286
As Paying Agent, the Bank shall, provided adequate collected funds have been provided
to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on
each Security when due, by computing the amount of interest to be paid each Holder and
making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the
Record Date (as defined in the Authorizing Document). All payments of principal and/or interest
on the Securities to the registered owners shall be accomplished (1) by the issuance of checks,
payable to the registered owners, drawn on the paying agent account provided in Section 5.05
hereof, sent by United States mail, first class postage prepaid, to the address appearing on the
Security Register or (2) by such other method, acceptable to the Bank, requested in writing by
the Holder at the Holder's risk and expense.
Section 3.02 Payment Dates. The Issuer hereby instructs the Bank to pay the
principal of and interest on the Securities on the dates specified in the Authorizing Document.
ARTICLE FOUR
REGISTRAR
Section 4.01 Security Reciister - Transfers and Exchancies. The Bank agrees to
keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein
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sometimes referred to as the "Security Register") for recording the names and addresses of the
Holders of the Securities, the transfer, exchange and replacement of the Securities and the
payment of the principal of and interest on the Securities to the Holders and containing such
other information as may be reasonably required by the Issuer and subject to such reasonable
regulations as the Issuer and the Bank may prescribe. All transfers, exchanges and
replacements of Securities shall be noted in the Security Register.
Every Security surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a written instrument of transfer, the signature on which has been guaranteed
by an officer of a federal or state bank or a member of the National Association of Securities
Dealers, such written instrument to be in a form satisfactory to the Bank and duly executed by
the Holder thereof or his agent duly authorized in writing.
The Bank may request any supporting documentation it feels necessary to effect a
re-registration, transfer or exchange of the Securities.
To the extent possible and under reasonable circumstances, the Bank agrees that, in
relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof
will be completed and new Securities delivered to the Holder or the assignee of the Holder in
not more than three (3) business days after the receipt of the Securities to be cancelled in an
exchange or transfer and the written instrument of transfer or request for exchange duly
executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the
Paying Agent/Registrar.
Section 4.02 Securities. The Issuer shall provide additional Securities when needed
to facilitate transfers or exchanges thereof. The Bank covenants that such additional Securities,
if and when provided, will be kept in safekeeping pending their use and reasonable care will be
exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less
than the care maintained by the Bank for debt securities of other governments or corporations
for which it serves as registrar, or that is maintained for its own securities.
Section 4.03 Form of Security Reciister. The Bank, as Registrar, will maintain the
Security Register relating to the registration, payment, transfer and exchange of the Securities
in accordance with the Bank's general practices and procedures in effect from time to time. The
Bank shall not be obligated to maintain such Security Register in any form other than those
which the Bank has currently available and currently utilizes at the time.
The Security Register may be maintained in written form or in any other form capable of
being converted into written form within a reasonable time.
Section 4.04 List of Security Holders. The Bank will provide the Issuer at any time
requested by the Issuer, upon payment of the required fee, a copy of the information contained
in the Security Register. The Issuer may also inspect the information contained in the Security
Register at any time the Bank is customarily open for business, provided that reasonable time is
allowed the Bank to provide an up-to-date listing or to convert the information into written form.
The Bank will not release or disclose the contents of the Security Register to any person
other than to, or at the written request of, an authorized officer or employee of the Issuer, except
upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and
prior to the release or disclosure of the contents of the Security Register, the Bank will notify the
28271709.1/11700928 4
Issuer so that the Issuer may contest the court order or such release or disclosure of the
contents of the Security Register.
Section 4.05 Return of Cancelled Securities. The Bank will, at such reasonable
intervals as it determines, surrender to the Issuer, all Securities in lieu of which or in exchange
for which other Securities have been issued, or which have been paid.
Section 4.06 Mutilated, Destroyed, Lost or Stolen Securities. The Issuer hereby
instructs the Bank, subject to the provisions of the Authorizing Document, to deliver and issue
Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as
the same does not result in an overissuance.
In case any Security shall be mutilated, destroyed, lost or stolen, the Bank may execute
and deliver a replacement Security of like form and tenor, and in the same denomination and
bearing a number not contemporaneously outstanding, in exchange and substitution for such
mutilated Security, or in lieu of and in substitution for such mutilated, destroyed, lost or stolen
Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with
the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security,
and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of
indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All
expenses and charges associated with such indemnity and with the preparation, execution and
delivery of a replacement Security shall be borne by the Holder of the Security mutilated,
destroyed, lost or stolen.
Section 4.07 Transaction Information to Issuer. The Bank will, within a reasonable
time after receipt of written request from the Issuer, furnish the Issuer information as to the
Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or
exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in
exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to
Section 4.06.
ARTICLE FIVE
THE BANK
Section 5.01 Duties of Bank. The Bank undertakes to perform the duties set forth
herein and agrees to use reasonable care in the performance thereof.
Section 5.02 Reliance on Documents, Etc.
(a) The Bank may conclusively rely, as to the truth of the statements and
correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of judgment made in good faith by a
Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the
pertinent facts.
(c) No provisions of this Agreement shall require the Bank to expend or risk its own
funds or otherwise incur any financial liability for performance of any of its duties hereunder, or
in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing
that repayment of such funds or adequate indemnity satisfactory to it against such risks or
liability is not assured to it.
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(d) The Bank may rely and shall be protected in acting or refraining from acting upon
any resolution, certificate, statement, instrument, opinion, report, notice, request, direction,
consent, order, bond, note, security or other paper or document believed by it to be genuine and
to have been signed or presented by the proper party or parties. Without limiting the generality
of the foregoing statement, the Bank need not examine the ownership of any Securities, but is
protected in acting upon receipt of Securities containing an endorsement or instruction of
transfer or power of transfer which appears on its face to be signed by the Holder or an agent
of the Holder. The Bank shall not be bound to make any investigation into the facts or matters
stated in a resolution, certificate, statement, instrument, opinion, report, notice, request,
direction, consent, order, bond, note, security or other paper or document supplied by the
Issuer.
(e) The Bank may consult with counsel, and the written advice of such counsel or
any opinion of counsel shall be full and complete authorization and protection with respect to
any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon.
(f) The Bank may exercise any of the powers hereunder and perform any duties
hereunder either directly or by or through agents or attorneys of the Bank.
(g) The Bank is also authorized to transfer funds relating to the closing and initial
delivery of the Securities in the manner disclosed in the closing memorandum or letter as
prepared by the Issuer, the Financial Advisor or other agent. The Bank may act on a facsimile
or e-mail transmission of the closing memorandum or letter acknowledged by the Issuer, the
Issuer's financial advisor or other agent as the final closing memorandum or letter. The Bank
shall not be liable for any losses, costs or expenses arising directly or indirectly from the Bank's
reliance upon and compliance with such instructions.
Section 5.03 Recitals of Issuer. The recitals contained herein with respect to the
Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank
assumes no responsibility for their correctness.
The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security,
or any other Person for any amount due on any Security from its own funds.
Section 5.04 May Hold Securities. The Bank, in its individual or any other capacity,
may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the
same rights it would have if it were not the Paying Agent/Registrar, or any other agent.
Section 5.05 Moneys Held by Bank - Payinci Aclent Account/Collateralization. A
paying agent account shall at all times be kept and maintained by the Bank for the receipt,
safekeeping, and disbursement of moneys received from the Issuer under this Agreement for
the payment of the Securities, and money deposited to the credit of such account until paid to
the Holders of the Securities shall be continuously collateralized by securities or obligations
which qualify and are eligible under both the laws of the State of Texas and the laws of the
United States of America to secure and be pledged as collateral for paying agent accounts to
the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments
made from such paying agent account shall be made by check drawn on such account unless
the owner of the Securities shall, at its own expense and risk, request an alternative method of
payment.
28271709.1/11700928 6
Subject to the applicable unclaimed property laws of the State of Texas, any money
deposited with the Bank for the payment of the principal of, premium (if any), or interest on any
Security and remaining unclaimed for three years after final maturity of the Security has become
due and payable will be held by the Bank and disposed of only in accordance with Title 6 of the
Texas Property Code, as amended. The Bank shall have no liability by virtue of actions taken in
compliance with this provision.
The Bank is not obligated to pay interest on any money received by it under this
Agreement.
This Agreement relates solely to money deposited for the purposes described herein,
and the parties agree that the Bank may serve as depository for other funds of the Issuer, act as
trustee under indentures authorizing other bond transactions of the Issuer, or act in any other
capacity not in conflict with its duties hereunder.
Section 5.06 Indemnification. To the extent permitted by law, the Issuer agrees to
indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred
without negligence or bad faith on its part, arising out of or in connection with its acceptance or
administration of its duties hereunder, including the cost and expense against any claim or
liability in connection with the exercise or performance of any of its powers or duties under this
Agreement.
Section 5.07 Interpleader. The Issuer and the Bank agree that the Bank may seek
adjudication of any adverse claim, demand, or controversy over its person as well as funds on
deposit, in either a Federal or State District Court located in the state and county where the
administrative office of the Issuer is located, and agree that service of process by certified or
registered mail, return receipt requested, to the address referred to in Section 6.03 of this
Agreement shall constitute adequate service. The Issuer and the Bank further agree that the
Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction in the State
of Texas to determine the rights of any Person claiming any interest herein.
In the event the Bank becomes involved in litigation in connection with this Section, the
Issuer, to the extent permitted by law, agrees to indemnify and save the Bank harmless from all
loss, cost, damages, expenses, and attorney fees suffered or incurred by the Bank as a result.
The obligations of the Bank under this Agreement shall be performable at the principal
corporate office of the Bank in the City of Dallas, Texas.
Section 5.08 DTC Services. It is hereby represented and warranted that, in the event
the Securities are otherwise qualified and accepted for "Depository Trust Company" services or
equivalent depository trust services by other organizations, the Bank has the capability and, to
the extent within its control, will comply with the "Operational Arrangements", which establishes
requirements for securities to be eligible for such type depository trust services, including, but
not limited to, requirements for the timeliness of payments and funds availability, transfer
turnaround time, and notification of redemptions and calls.
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01 Amendment. This Agreement may be amended only by an agreement in
writing signed by both of the parties hereto.
28271709.1/11700928 7
Section 6.02 Assignment. This Agreement may not be assigned by either party
without the prior written consent of the other.
Section 6.03 Notices. Any request, demand, authorization, direction, notice, consent,
waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or
the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses
shown on the signature page(s) hereof.
Section 6.04 Effect of Headings. The Article and Section headings herein are for
convenience of reference only and shall not affect the construction hereof.
Section 6.05 Successors and Assigns. All covenants and agreements herein by the
Issuer shall bind its successors and assigns, whether so expressed or not.
Section 6.06 Severability. In case any provision herein shall be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
Section 6.07 Mercier, Conversion, Consolidation, or Succession. Any corporation
or association into which the Bank may be merged or converted or with which it may be
consolidated, or any corporation or association resulting from any merger, conversion, or
consolidation to which the Bank shall be a party, or any corporation or association succeeding
to all or substantially all of the corporate trust business of the Bank shall be the successor of the
Bank as Paying Agent under this Agreement without the execution or filing of any paper or any
further act on the part of either parties hereto.
Section 6.08 Benefits of Agreement. Nothing herein, express or implied, shall give to
any Person, other than the parties hereto and their successors hereunder, any benefit or any
legal or equitable right, remedy, or claim hereunder.
Section 6.09 Entire Agreement. This Agreement and the Authorizing Document
constitute the entire agreement between the parties hereto relative to the Bank acting as Paying
Agent/Registrar and if any conflict exists between this Agreement and the Authorizing
Document, the Authorizing Document shall govern.
Section 6.10 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and all of which shall constitute one
and the same Agreement.
Section 6.11 Termination. This Agreement will terminate (i) on the date of final
payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be
earlier terminated by either party upon sixty (60) days written notice; provided, however, an
early termination of this Agreement by either party shall not be effective until (a) a successor
Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and
(b) notice has been given to the Holders of the Securities of the appointment of a successor
Paying Agent/Registrar. However, if the Issuer fails to appoint a successor Paying
Agent/Registrar within a reasonable time, the Bank may petition a court of competent
jurisdiction within the State of Texas to appoint a successor. Furthermore, the Bank and the
Issuer mutually agree that the effective date of an early termination of this Agreement shall not
occur at any time which would disrupt, delay or otherwise adversely affect the payment of the
Securities.
28271709.1/11700928 8
Upon an early termination of this Agreement, the Bank agrees to promptly transfer and
deliver the Security Register (or a copy thereof), together with the other pertinent books and
records relating to the Securities, to the successor Paying Agent/Registrar designated and
appointed by the Issuer.
The provisions of Section 1.02 and of Article Five shall survive and remain in full force
and effect following the termination of this Agreement.
Section 6.12 Governinci Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Texas.
[Remainder of page left blank intentionally.]
28271709.1/11700928 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
THE BANK OF NEW YORK MELLON TRUST
COMPANY, N.A.
By:
Title:
Attest: th Address: 2001 Bryan Street, 10 Floor
Dallas, Texas 75201
Title:
[signatures continue on next page]
28271709.1/11700928 5-1
CITY OF WYLIE, TEXAS
By:
Mayor
Address: 300 Country Club Road
Wylie, Texas 75098
ATTEST:
City Secretary
28271709.1/11700928 S-2
ANNEX A
28271709.1/11700928 A-1
OF Wp
, l � �� Wylie City Council
_ w = AGENDA REPORT
Meeting Date: May 9, 2017 Item Number: 2
Department: Purchasing (City Secretary's Use Only)
Prepared By: G. Hayes Account Code:
Date Prepared: 5/2/2017 Budgeted Amount:
Exhibits: Department memo;
Subject
Consider and act upon the award of CSP # W2017-57-A for Bank Depository Services to JP Morgan Chase
Bank, in the estimated annual amount of $42,000.00 and authorizing the City Manager to execute any and all
necessary documents.
Recommendation
A motion to award CSP # W2017-57-A for Bank Depository Services to JP Morgan Chase Bank, in the
estimated annual amount of $42,000.00 and authorizing the City Manager to execute any and all necessary
documents.
Discussion
Staff recommends the award of CSP #W2017-57-A as an annual contract with an initial term of three (3) years
with two (2) additional one(1) year renewals for bank depository services to J.P. Morgan Chase Bank.
Year one of the agreement will include the first six (6) months of no banking fees at an estimated annual
amount of $21,000; and years 2 through 5 at a full estimated annual expense of $42,000. See attached
department memorandum.
W2017-57-A
(Rev 01/2014) Page 1 of 1
Memo
To: Mindy Manson, City Manager
From: Linda Bantz, Finance Director
CC: Chris Hoisted,Assistant City Manager
Date: 5/9/2017
Re: Bank Depository Recommendation
This memo will describe the process used in the selection of our recommended bank to serve as the City
of Wylie's depository bank.
Description of Services
The depository services requested included the basic services of receiving deposits, paying items, wiring
funds out, receiving funds wired in, stop payments and other normal banking activities in addition to the
latest banking services offered to safeguard the public's funds and offer improved banking services to
City staff. No investment transaction activities were included other than safekeeping services.
The primary objectives of the Depository agreement were to maximize cash availability and to maximize
yield after satisfying the goals of safety and liquidity. Other objectives were:
• To maximize the total dollars earned by the City on account balances in order to be prudent and
effective custodians of the City's financial resources.
• To seek a bank that is both capable of providing banking services as described with the
Competitive Sealed Proposal (CSP), as well as a willingness to be attentive to the City's money
matters; including recommendations for progressive processes that may provide additional
value to the City.
• To adequately compensate the Depository Bank for services provided and to allow a reasonable
profit to be earned, subject to competitive forces in the market place.
Competitive Sealed Proposal (CSP)/Original Respondents
The CSP for these services was issued on March 15, 2017. The notification that this was available on the
City's purchasing website was sent to all financial institutions that provided the needed services and had
a location in Wylie in addition to one firm that had requested to be included for the purpose of possibly
bidding on just the credit card processing portion of the bid. The companies notified included:
• American National Bank
• Bank of America
• Inwood National Bank
• JP Morgan Chase Bank
• LegacyTexas Bank
• NMS US (credit card processing only)
A pre-proposal meeting was held by the City of Wylie Purchasing Division on March 23, 2017, where two
companies were represented. Three respondents submitted proposals by the April 6, 2017 deadline.
These included American National Bank, Inwood National Bank and JP Morgan Chase Bank.
Evaluation Process
A. Evaluation Team
The evaluation team for proposals associated with these services included the Finance Director,
Assistant Finance Director and the Assistant City Manager. Non-voting technical advisors to the
evaluation team consisted of end users in the Finance and Utility Billing Departments.
B. Evaluation Criteria
The Purchasing Division worked with the Finance Department to develop a set of evaluation
criteria, including their scoring weights, for the Competitive Sealed Proposal. The criteria
established are as follows:
1. Service Costs and Rates (40%)
a. Cost of banking services
b. Provisions for City's sweep accounts
2. Financial Strength and Stability(10%)
a. Financial statements
b. Relevant experience managing municipal accounts of similar size and scope
3. Scope of Services and Effectiveness (25%)
a. Available depository and cash management services
b. On-line banking services
c. Reporting services
d. Security clearance and safekeeping procedures
e. Ability to provide an institution account executive with whom the City can work to
expedite various banking issues and contracts
f. Funds availability
g. Copies of various agreements as may be required by the institution
4. Implementation (25%)
a. Timeline
b. Expense and amount of City resources required to implement
C. Evaluation and Scoring
Proposals were reviewed by the evaluation team. All banks were similar in provision of basic
services. However, some of the more advanced banking services that the City uses during the
normal course of business varied among the responders and those differences were reflected in
the scoring done by the evaluation team.
To arrive at the points assigned to each institution, the Purchasing Division assigned points that
were associated with the scoring with the best service level or lowest priced services receiving
the highest points. The following matrix shows the scoring of the institutions when done on a
scale of 1 to 5 with 1 being the least responsive to the City's needs and 5 being the most
responsive. Scores were weighted according to the percentage value given to each of the
evaluation criteria.
Institution Total Score
JP Morgan Chase Bank 3.68
American National Bank 2.85
Inwood National Bank 2.60
Award Recommendation:
Based on this information,JP Morgan Chase Bank can provide the City of Wylie the best quality banking
services at the lowest cost of the three banks submitting proposals. Currently, the City uses one bank
depository, JP Morgan Chase and this allows City banking operations to run efficiently. JP Morgan
Chase, in addition to being the most responsive, has also included in their proposal the waiving of fees
for six months and providing three remote scanners free of charge should the City decide to transition
from paper to electronic processing of deposits. Therefore,the evaluation team recommends the award
of CSP#W2017-57-A for Bank Depository Services to JP Morgan Chase.
OF Wp
Wylie City Council
AGENDA REPORT
Meeting Date: May 9, 2017 Item Number: Work Session
(City Secretary's Use Only)
Department: City Manager
Prepared By: Chris Hoisted Account Code: N/A
Date Prepared: April 28, 2017 Budgeted Amount: N/A
Exhibits: Presentation
Subject
Discussion of staff recommendation for architectural and engineering services for the renovation and expansion
of the Wylie Public Safety Building (RFQ W2017-40-E) and a presentation by the highest ranked firm —
Architects Design Group (ADG).
Recommendation
N/A
Discussion
A Request for Qualifications (RFQ) was advertised in February for architectural and engineering services for
the renovation and expansion of the Wylie Public Safety Building. The City received eight proposal in response
to the RFQ. An evaluation committee consisting of the City Manager, Assistant City Manager, Police Chief
and Fire Chief reviewed and scored each of the proposals.
The evaluation criteria consisted of the following:
- 25% - Experience in the design of Police/Fire and Municipal Court facilities
- 25% - Experience in the design of emergency communications/dispatch and EOC centers
- 20% - Key personnel—professional background and experience
- 20% - Schedule adherence—firm's ability to adhere to approved schedules
- 10% - Firm's history and financial stability
The highest ranked design firm was Architects Design Group (ADG). ADG has extensive experience in the
design of public safety type facilities with many projects located in Texas.
(Rev 01/2014) Page 1 of 1
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Methodology
methodology
INFORMATION GATHERING i i SITE MASTER PLAN AND DESIGN OF STATION PUBLIC SAFETY FACILITY BIDDING CONSTRUCTION PHASE SERVICES
BUILDING PROGRAM I CONCEPTUAL DESIGN
2 Weeks . 1 12.Plonths 7 Months I Month 10 Months One Year Warranty Period
Notice to Proceed : Site Plan Alternatives On-Site Design Quality Control Release tot Bidding Pre-Construction Conference Construction Close-Out
t - Acorns/Egress Analysts Charrette Team Review - Ensure"Punch u.r Completion
'. = Secretly Concerns * Obtain Materials&Systems Warranties
= Environmental Constraints Review&Tabulate Commence Construction - Obtain"As-Built Drawings"
* Futine Space Needs/&mansion Participatory i Assemble finished Construction Photos
Bids
Design Process - Monitor Warranty Items
- Base Bid
* Alternatives BliMonthly Coordination Meetings
- orronend Award
Complete Construction
Rec
Kick Off Meeting Sr-roman:2 * Revisits Schedule of
✓ Review Project Scope Connouz.....,I Co, VOILMS&PM Activity
* Review Scheolnle Ilmeharnes One-Year Warranty Inspection
I pass,
= Reeled Budgets : Conceptual Design _ L D.,,,L,r111,11
, . Refill@ SIM Plan
information Gathering i - Develop Poor Plan Oplions Schematic
= Prevents Spaoe Needs Assessirrent. Monitor Construction Activities
= Prepare
* She Information ; Review&
Drawings and ' Contract Documents Ccsnallance
Prepare Building Program ; Meal Site Master Roo AP c.,,,P,„,,,,,ravpcitml.$plm,' a Rem,.Materials sp,,IhydjsoL,....2, , Schedule Compliance
Rettned * Select MEP • 50d,90%,IMF& Compliance with Schernite al-Values
* Meet With Stan to Penne Spstces • • Elevations/ . Systems Reviews Monitor Permit i CortFly Payment Applications
* Update Cost * Shop Drawing Review
= Adjacency Oregroms i Materials .. Constrticiabffify Applicahonsj
Update Project Budget i can Estimate r ; RevieW Estimate/Budget
Acquire Permits i Properre Punch lids
* Certify SIM Work/permits .
Budget . =Security Systems Rillal Completion
i Fi hi Necessary to Start - Move-Managetnent
nishes Furnisng •
Update Protect Schedule ; i Value Engineering Construction - Furnishings Aid Package
. 2 = Energy Efficiency
= tar Buffeting
Identity Grant Opportunities Operation Cost
Savings
* Cod Ealinorn i
Public Outreach f f Josirea) Budget
, = = Public Outreach
. ,,
Phase I - Programming / Master Planning
INFORMATION GATHERING / SITE MASTER PLAN AND
BUILDING PROGRAM CONCEPTUAL DESIGN
2 Weeks 1 1j2 Months
Notice to Proceed Site Plan Alternatives
• Access/Egress Analysis
• Security Concerns
• Environmental Constraints
• Future Space Needs/Expansion
Kick Off Meeting
• Review Project Scope
• Review Schedule
• Review Budgets Conceptual Design
• Refine Site Plan
Information Gathering • Develop Floor Plan Options
• Previous Space Needs Assessment
• Site Information
Prepare Building Program Final Site Master Plan
• Meet with Staff to Define Spaces
• Adjacency Diagrams
Update Project Budget
Update Project Schedule
Identify Grant Opportunities
Public Outreach (if desired)
Phase II - Design & Permitting
DESIGN OF STATION PUBLIC SAFETY FACILITY BIDDING
7 Months 1 Month
On-Site Design Quality Control Release for Bidding
Charrette Team Review
Participatory Review&Tabulate
Design Process Bids• Base Bid
• Alternatives
• Recommend Award
Schematic • Review Schedule of
Construction Doc. Values&PM Activity
-- — Timeframes
Design
Development
Schematic
Review & • Prepare
Approval Drawings and
• Conceptual Plans • Refine Materials Specifications o
Refined • Select MEP • 50%,90%,100!•
• Elevations/ Systems Reviews Monitor Permit
Materials • Constructability • Update Cost Applications/
• Cost Estimate/ Review Estimate/Budget Acquire Permits
Budget • Security Systems Necessary to Start
• Finishes Furnishing
• Value Engineering Construction
• Energy Efficiency
for Building
Operation Cost
Savings
• Cost Estimate/
Budget
• Public Outreach
(if desired)
Phase III - Construction Administration
CONSTRUCTION PHASE SERVICES
10 Months One Year Warranty Period
Pre-Construction Conference Construction Close-Out
• Ensure"Punch List"Completion
• Obtain Materials&Systems Warranties
Commence Construction • Obtain"As-Built Drawings"
• Assemble Finished Construction Photos
• Monitor Warranty Items
Bi-Monthly Coordination Meetings
Complete Construction
One Year Warranty Inspection
Monitor Construction Activities
• Contract Documents Compliance
• Schedule Compliance
• Compliance with Schedule of Values
• Certify Payment Applications
• Shop Drawing Review
• Prepare Punch Lists
• Certify Site Work/Permits Final Completion
• Move-Management
• Furnishings Bid Package
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Population Analysis — Cityof Wylie
Number of Wylie,TX Population
People
,::,,, 7,,„ ,
65,000--
.
61,750 .
58
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1950 1960 1970 1980 1990 2000 2010 2020 2930 2040 2059
—Source:US Census Bureau,Texas Water Development Board
Population Analysis - Collin County
Number of Collin County,TX Population
People
1,700,000 5
7 I
1,615,000--` _ - - ;
- � _
1,530,000
�s
1,445,000
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1950 1960 1970 1980 1990 2000 2010 2020 2030 2040 2050
Source:US Census Bureau,Texas Water Development Board
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,� icr ��� Wylie City Council
AGENDA REPORT
Meeting Date: May 9, 2017 Item Number: 3
Department: City Manager (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code: N/A
Budgeted
Date Prepared: April 28, 2017 Amount: N/A
RFQ Tabulation;
Exhibits: ADG Attachments
Subject
Consider and act upon the award of RFQ # W2017-40-E (Request for Qualifications/Proposal) for Professional
Services for the Renovation and Expansion of the City of Wylie Public Safety Building to Architects Design
Group, in the estimated amount of$943,880 and authorizing the City Manager to execute any and all necessary
documents.
Recommendation
Motion to award RFQ # W2017-40-E (Request for Qualifications/Proposal) for Professional Services for the
Renovation and Expansion of the City of Wylie Public Safety Building to Architects Design Group, in the
estimated amount of$943,880 and authorizing the City Manager to execute any and all necessary documents.
Discussion
A Request for Qualifications (RFQ) was advertised in December for architectural and engineering services
for the renovation and expansion of the Wylie Public Safety Building. Eight firms submitted qualifications
by the February 6th deadline. The firms were required to visit the Public Safety Building as part of the
submittal process at which time staff was available to answer questions about the existing building and future
needs of the departments. Design of the project includes but is not limited to:
- Criminal Investigations office/conference/interview/processing areas
- Police Administration office/conference areas
- Patrol operation office/briefing/conference/interview/equipment storage areas
- Evidence processing and storage area
- Police records and storage area
- Updating the existing jail facility including Sally Port/booking areas
- Fire Administration office/conference areas
- Fire Dispatch office/conference areas
- Communications/emergency operations center including conference room and equipment storage
- Public and staff areas
(Rev 01/2014) Page 1 of 3
Page 2 of 3
- Locker rooms/exercise room/showers
- Municipal Court office/conference areas
- Municipal courtroom
- Jury deliberation room
An evaluation committee consisting of the City Manager, Assistant City Manager, Police Chief and Fire
Chief reviewed and evaluated each of the proposals with the following weighted criteria (as published in the
RFQ documents):
- 25% - Experience in the design of Police/Fire and Municipal Court facilities
- 25% - Experience in the design of emergency communications/dispatch and EOC centers
- 20% - Key personnel—professional background and experience
- 20% - Schedule adherence—firm's ability to adhere to approved schedules
- 10% - Firm's history and financial stability
Evaluations were performed utilizing a point scale from 0 ("non-responsive") up to a maximum of 5
("innovatively exceeds all needs"). The scores and ranking of firms receiving a minimum score of 3 ("meets
all needs" of the City) or above are listed below:
Firm Total Score
Architects Design Group 4.413
Komatsu 3.750
Brinkley Sargent 3.719
Under Government Code 2254 (Professional and Consulting Services) selection process, the City then
entered into negotiations with the firm deemed "the most qualified" based on the evaluation criteria,
Architects Design Group, requesting a proposal for architectural and engineering services.
The scope of work as outlined in the proposal is as follows:
Phase I-Projected amount $87,980
- Detailed Spatial Needs Assessment: Review/Revise the existing space needs assessment
- Site analysis and master planning: Explore options utilizing the existing site. Up to three options are
included in the base scope
- Cost estimating: Preparation of Estimates of Probable Cost for each of the development options being
considered
- Conceptual building design: Conceptual level Site Development and Building Design(s) of the
development options being considered.
- Council presentations: Attend two Council meetings
Page 3 of 3
Phase II-Projected amount $855,900
- Site development and building design: Preparation of contract documents for the selected
development option.
- Bid/negotiation and construction administration: Assist the City in the Bid/Negotiation of the contract
documents and the Construction Administration of the new facility.
The schedule/timeline for the project is:
Pre-Design (Phase I) 3 months
Design (Phase II) 8 months
GMP and Permitting 1 month
Construction 12 month
TOTAL 24 months
Staff recommends the award of W2017-40-E to Architects Design Group as being the most qualified firm.
BID TABULATION
W2017-40-E
CITY OF WYLIE PROFESSIONAL SERVICES RENOVATION AND EXPANSION OF THE CITY OF WYLIE
PUBLIC SAFETY BUILDING
February 6, 2017 @ 3:00 pm CST
The following companies are respondents to bid W2017-40-E
Respondents
Architects Design Group
Brinkley Sargent Wiginton Architects
Gensler
GSBS Architects
Komatsu Architecture
Mark A.Thacker,AIA Commercial & Preservation Architecture
McCarthy Architecture
VAI Architects Incorporated
I certify that the above includes all firms who submitted a bid and that pricing is as submitted.
Z e i 7; t aY/yf 6, 20/7
Glenna Hayes C.P.M., A.P.P. Date
Purchaisng Agent
"BID TABULATION STATEMENT"
ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS
OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL
APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,ACCORDING TO LAW,ALL BIDS RECEIVED
WILL BE AVAILABLE FOR INSPECTION AT THAT TIME.
PURCHASING DEPARTMENT
CITY OF WYLIE,TEXAS
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Glenna Hayes,CPM,APP
Purchasing Agent
City of Wylie
300 Country Club Road
Wylie,Texas 75098
RE: RFQ No.W2017-40-E I Professional Services Renovation and Expansion of the City of Wylie Public Safety Building
Dear Ms, Hayes and Selection Committee Members:
Architects Design Group(ADG) is pleased to submit this Request for Qualifications for Professional Services Renovation and Expansion of
the City of Wylie Public Safety Building.As a point of introduction,ADG is a nationally-recognized firm that specializes in need assessments,
master planning,and design of police,fire rescue,communications,emergency management,and combined public safety buildings across
the United States including facilities in Georgetown,Corinth, Desoto, Cedar Park,Belton, Grand Prairie,Granbury,and Nacogdoches.
Our Team's primary mission is to guide you through the design and phasing process required for this project.We will provide an accurate,
comprehensive needs assessment and design that realizes your vision and meets all project goals. In response to your request,we offer
a local design team that has the capability, expertise, and disciplines required for this contract. We provide the City a team who can "hit
the ground running"to accomplish services quickly and effiiciently,Because this is such a specialized facility,experience is invaluable and
quickly discernible, Our team's knowledgeable professionals and extensive experience with municipalities in Texas and around the United
States will be presented In this submittal,and will illustrate our unique qualifications for this project.With ADG,you get the most qualified
team,including:
1. Extensive Experience with Public Safety Facilities
We would like to emphasize to the Cityof Wylie that the service requirements of this RFQ are exactlywhat �%
p Y q
we have accomplished for over 300 Governmental Agencies across the United States. ADG provides 11 1 1,`
planning and architectural design services specifically for municipal, police, fire rescue, and combined •;
public safety facilities on a national basis,and we are recognized as experts in this highly specialized field �, � ,��A
of architecture.We understand the unique requirements of police and fire rescue facilities,the components Ir
that are necessary to ensure safe and efficient daily operations,and how to incorporate these components
into a facility to provide complete first responder services. Our team Is skilled In working with multiple AltaA� � t �
groups to create a facility which meets the goals of ail departments.ADG is licensed In the State of Texas , -„,. �', � ,
and has provided design services for many public safety facilities in Texas.
11101
The renovated and expanded Public Safety Building,as well as the men and women who will work there, 1
represent vital infrastructure. Our Team's specialized knowledge will be utilized to ensure these critical ,
buildings are designed to be survivable against g 9 ga st man-made and natural disasters. A hardened building 1�
envelope, protective openings, redundant infrastructure and facility systems, and communications illy frj %/%%Ori
capabilities are all necessary to guarantee the facility remains fully operational after an event.
Police Facility
Police departments have a unique culture and lifestyle that permeates the department from the Chief to the patrolman.ADG's facilities are
planned and designed with this in mind to maximize efficiency.Situational adjacency studies are a critical part of developing spatial needs.
Police facilities have undergone significant changes over the past few decades.As an example,they are no longer based upon the"fortress
mentality," in which security was a paramount consideration.The philosophy of Community Policing has been universally embraced,often
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resulting in the inclusion of community meeting rooms within the facility.Spaces such as these are intended I6.y,Wr "sis
to provide appropriate and inviting spaces that can be utilized by community and civic groups and by doing
so,demonstrating that law enforcement is a viable part of the civic fabric of any community. idly
There are many areas of the police facility that should be given special design consideration including: I
public lobby, community meeting room, interior corridors, booking and holding, records, investigative t °
Services, patrol operations, armory, evidence, SWAT/tactical ready room, briefing and muster, locker and
shower rooms,physical agility rooms,community policing,and victim interview/waiting room.The crucial l �
components that are to be considered in the planning and design of law enforcement facilities are grounded (" rt
in the commitment to protecting those specialized areas that present the highest risk and liability to the
Department. .A. ,
Fire Administration I EOC u„
Although a station is not included in the current building,the Fire Administration department accommodates ., 1m
4110
. iP emergency operationsto training, . � �Ag :� 'a� �1I1
diverse functions such as office/administration area,municipal emergencyoperations center, and
plan review areas.The municipal emer enc center can be designed to be a hot or warm site, I(��,;,,1Illlluu
and can be flexible to provide break-out rooms off of a centralized incident command center. When not in
activation mode,the ICC can serve as a training room.
urn , 4,
Emergency Communications Facilities "^ ogioulrlio ?.
911 emergency communications facilities are very specialized spaces. Operations require specialized
systems such as security, communications, audio/visual, specialized fire protection, HVAC, and electrical I ,M,III, ^ �,' 9 ^ . rvl'i,jl
s
tems,
l as
ndant
p capacity
or
of these
mponents to
ry
al j
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sources ofsp power, data,uheating and cooling fail.These systems require conformance tnto when varetyaof ' a r I 'rts
specialized code requirements and guidelines.Placement of the 911 department within the combined public 111111111'
safety facility is of paramount importance,in order to conform with APCO and/or CALEA guidelines.
2. Proficiency in the Renovation of Public Safety Facilities:
The ADG team has extensive experience in the renovation of existing buildings and has the expertise to develop creative solutions for this project.
Renovations involve meshing the old with the new to reveal a seamless result.There is an art to achieving this result which involves experience
and ingenuity. When unforeseen issues arise,the key is to have the ability to resolve the issue, given the existing building conditions, and to
thoroughly think through the best options.Our team has over four decades of experience in renovations and we thrive on the challenge of solving
issues to help our client achieve their desired results. Every member on our proposed team has prior public safety renovation experience and
will bring that knowledge to this project.The projects below are just a few specific public safety renovations that our team has worked on with
before and after pictures.
Alachua County Sheriff's Office Auburndale Public Safety Facility Mount Dora Public Safety Facility
An adapted re-use of an existing strip center Renovation and addition to the existing fire Renovation and expansion to the existing public
with a vacated grocery store.The facility now and police facility.This was done in a phased safety facility.The facility is hardened and
houses the Sheriff's Administration,Evidence approach with half the building renovated at one contains the City's police,fire and dispatch
Processing,and Crime Lab. time.The facility now houses the City's Police departments.
Headquarters
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3. Multi-Disciplinary and Local Professionals
ADG provides the City of Wylie a team of unmatched national public safety architects with the capability to provide immediate response and
specific knowledge of the Dallas/Ft.Worth area and of this project.This team brings the most experienced, multi-disciplinary subconsultants
to this team who have all successfully worked with ADG on past projects. Additionally, all of our team members have years of experience In
renovating existing buildings.Our team of consultants for this project are as follows:
Project Leader Architect of Record Architects Design I 1 Group Dallas,TX
MEP Engineer MEPCE Las Colinas,TX
Structural Engineer I JQ Infrastructure Dallas,TX
Civil Engineer HelmbergerAssociates Wylie,TX
_
RFO NO W20"7•40-E I Wylie Pubic Safety Budding Architects Design Group 3
Security/IT/AV TLC Engineering for Architecture Dallas,TX
Geotechnical Engineer i Terracon Dallas,TX
4. Understanding of Project
The City of Wylie is a quickly growing community on the Northeast side of Dallas in Collin County. As the „ 1'
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community grows, so does the need for additional space for the police and fire departments to effectively ff,//, � / ,,,
y 9ltr' 1
Carr out their mission.The ADG team has a strong understanding of the services and requirements needed � � t �,,
for the Public Safety Building project.The City of Wylie is seeking an experienced local architectural and Jy
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engineering team to assist in the renovation and expansion of the existing public safety building to meet the a �k
growing needs of the community.The ultimate goal for this facility is an efficient, state-of-the-art building.
Our vision for the project is to design a facility that can provide 24/7 mission oriented operations that '°� ,A0,
are efficient and cost effective for present and future needs. The selected firm will review the previously ///1,zal 72, opfto
completed facility assessment to create a program of spaces to optimize the operational adjacencies within
the limits of the buildings' layout.Additionally, a site mater plan will be developed taking into consideration
any additions,as well as public and staff parking,site circulation,and security. I;
111
Severely damaged by hail storms in April of 2016, the current public safety building is in need of repairs "'
and upgrades to accommodate the needs of the Police Department (including jail), Fire Department � � 4 '' ,0,11111
Administration(including a municipal emergency operations center),Dispatch,and the Municipal Court.The
Citywould like to renovate the existing33,000 SF building,as well as potentiallyenclose the courtyard and/ f %1%�i i
9 � /�
or expand the front portion of the building.As these departments are currently operating out of temporary
buildings on-site,time is of the essence.We understand the City has set an 18-20 month schedule from 11 1p
the start of the project to completion.Our entire team has reviewed this schedule and we see no issues in
providing the scope of services within this timeframe. °`� ;� jy4
In addition to the hail and structural damage,there are many operational deficiencies in the existing building. h .
w� uordoc����°
ki
One major issue is how the facility flows;the space is dysfunctional and can be better organized to improve 111
need improvement
work•flow.
111
A new formal entryway tis needed. There isaan opportunity to provide a visible public presence re noted below: � 1111
A11,111, °""�� W � i�""��"` ��
incorpora
ing the
• There are t10 existingrent memorial ce is for males,bronze statue. for evidence and one for ��II la-
4 female cells(three are being used 11"lc
females).We understand the police department has discussed converting the current female cell
11
into an isolation cell or a drunk tank. They would also like to have appropriate evidence storage '��
areas so that the cells currently being used for evidence storage can be converted back into "" i Giu1,;
holding cells for the female detention population. It is also desired to turn the existing shower into
an isolation cell.It is our understanding all of the cells are in fairly good shape,but would need new
plumbing fixtures.
• Currently there is no sallyport and a very limited intake area. Prisoners are brought through M �o imw
unsecured areas to the cells. In the renovated building, a more direct entry is required in order to ,
minimize and secure the areas detainees are brought through.
• The police department would like larger lockers that can accommodate a uniform on a hangar,has
an electrical plug, possible data drop, and is sloped to prevent items from being stored on top of
the locker. IRbuiUli
• General storage, as well as evidence storage,is a major issue. Because of the lack of space, the 1,1
evidence technician has had to act as the quartermaster.As a result of the renovation and expansion,
the department would like to have appropriate evidence Intake and evidence storage space. 7; k
,r
• SWAT and the Armory are co-located, necessitating anyone who needs to get into the armory be t , , �
escorted by a SWAT member In the future,these spaces need to be separate. ,116
• The communications department dispatches for Wyli'�e Police,Fire,and EMS,as well as for Branch1,0K' j
id,
Fire and Fairview Fire and EMS. The communications department also handles Animal Control ��•'
Calls and Public Works calls.In order to plan for future growth„the department would like to includeii1V111111 �,
spe for consoles above and beyon
the current nine stations. r
• Emergency Management faits under the F re Department and the EOC is located as part of Fire � ; N�,d i o'm�
Administration.When activated there are five primary individuals, plus six ESF"s.We recommend
providing separate break-out space for council members to be present and observe activities.
• The current facility is experiencing significant foundation issues.There is a large crack in the foundation and at least one wall with a
significant crack. A geotechnical investigation may be needed to fully assess the damage.
RFO NO W2017.40.E I Wyle?ubbeSafetyBuidirsg Arc utectsDesgnGroup 4
• There is only one main electrical feed coming into the site. For redundancy,it is recommended adding an additional feed.
• The back-up generator on site is 500 KVA and runs for 48 hours. It was sized for the existing facility, but may need an additional feed
to accommodate the expansion.
It is also our understanding,from the pre-submittal meeting,that the City is open to building a new facility I )fir jr,'0 1 ,
on the Municipal Campus if the budget can accommodate it. Our team will evaluate the building's needs / �0% G/ /i/�
and present all options to the City.If a new facility option is chosen,we understand it is very important to all >, � �!
departments that the Heroes of Wylie bronze sculpture is relocated to the new building. , �11 ',,,, ,,;
„
ADG has assisted many cities by providing the information needed to make informed decisions about the I ,, 1
future spatial needs, as well as a detailed plan on how to fulfill the needs of the City. One of our team's
greatest abilities is to program a building to maximize operational efficiency.The collaborative nature of a '-. ' fk, lol i, ,
combined public safety facility allows for flexible, shared spaces for training and meetings. ADG recently cole0ii, ,„ i ;
accomplished this for the Johnston, Iowa Public Safety Facility,where 19%of the building had dual-use/shared spaces.The inclusion of this
shared space resulted in almost$1 million in project cost savings. During the master planning stage of this project,future expansion needs will
be taken into account.ADG has programmed and master planned many public safety sites that include future expansion capabilities and can
bring that experience to this project.
5.Project Management Plan
Because renovations and additions can have unforeseen conditions and require a strong project management plan,ADG has developed several
procedures to assist in ensuring a successful project.Careful project planning,preparation,and communication is a corner stone to our project
management approach.The process starts prior to the initial meeting with the City to review the proposed project and to confirm the schedule for
specific tasks.We have found that archival procedures,project reporting,accountability of the design team,and a clear path of communication
with the City's Project Manager must be established from outset of project services.We propose an initial"stakeholder"meeting as orientation
to the methodology, project objectives, and responsibilities of the project team to the City.The goals and objectives for the projects, activities,
and project milestones are discussed and agreed upon.ADG's Dallas-based Project Manager, Melissa Brand-Vokey,will serve as the conduit/
point of contact to channel all communication between the design team and City.
The foundation of our plan for success of the project is to focus on the fundamental elements of the project critical to reaching the goals and
objectives established at the"kick-off" meeting. By managing expectations, planning the work, and making timely decisions,the appropriate
resources are applied to the project,which results in achieving project success.The project team will be centered on effective, strong project
management, and communication.This is realized from the experience,quality of the team management personnel, and from its organizational
structure. Our team will work with the City to develop a schedule that meets the project's 18 to 20 month time requirements.The design and
production staff have numerous years of experience working as a team, specifically on public safety facilities,to produce preliminary design
sketches,3-D models,construction documents,and other design data quickly and accurately.We understand that paying close attention to the
details and being proactive in Identification of issues,with concise timely resolutions,is key to avoiding problems and possible disputes.
Melissa,reporting directly to ADG's Principal-in-Charge and Project Architect/Ian Reeves,will organize,direct,and coordinate the job tasks of
ADG personnel and sub-consultants. Understanding the importance of"continuity," the Quality Control Team will be involved from the Notice
to Proceed through Construction Administration. Melissa will be responsible to the City for project planning, documentation, phase reviews,
problem solving, project meetings, project filing,meeting goals and objectives,owner review,and final document coordination check.
6.Construction Phasing Plan
The greatest challenge we face with renovations and additions is the construction phasing and move fl , ; " ,Rn����i° W �
U l 6fl II oIIIV vti�
management. ADG has completed numerous renovations, specifically for public safety facilities, and can o i (r , ,
assist the City in making an informed decision.We will work with the selected Contractor or CMAR to create d nm N � i', ,
a phasing plan that best meets the needs of the City. �,' t " ik
If the City decides to utilize a CMAR or proceed with the traditional design/bid/build process, ADO will !'II 4,4, n,R.
support the City's decision.We believe the construction value of both projects is appropriate for the CMAR "fief"�° '° 0�4°,
delivery method.ADG completed renovation work for the Belton,Texas Police Department utilizing a CMAR 1 ' 1° '. '° '
delivery method,which was similar to this project,At the onset of design,the ADG team will create a plan r llu.h - IV" VX,.
for implementation of construction phasing.The City's Project Manager must participate in crafting the approach early in design activities and
embrace the approach as the project proceeds.As the design of the facility is underway,it is imperative to continue reviewing and updating the
approach to the construction phasing and move management efforts.
If the City of Wylie elects to complete the project utilizing a CMAR construction method,we would recommend selection a CMAR early in the
design process.Typically,we recommend soliciting proposals for the CMAR before schematic design begins.An experienced CMAR can offer
0F0 ti,J W2017.40•E 0 WytePutik Maly 0,Ading ArctuftectDesignGroup 5
insight and suggestions on sequencing and phasing, including temporary repurposing of existing areas which may be more cost effective
than vacating the facility for the construction process. By including a CMAR with previous experience on developing facilities of this type, we
anticipate a potential cost savings.
With an addition and/or renovation to an existing building, we typically recommend building the addition first, moving operations into the new
addition,renovating the existing facility,and then moving the departments to their new updated location.The key to any potential phasing issue
is a clear and effective plan,as the public safety site is still active with the departments operating out of buildings on site.Therefore,the design
team will focus on developing strategies to:
• Maintain public/secure staff entrances during construction. • The design team will look for opportunities to reduce the
• If necessary, identify an appropriate location for temporary extent of demolition to minimize the portion of the building that
parking and a staging area for the delivery and storage of will be unusable during construction.
construction materials.
7.Engaging City Staff/Participatory Planning Process
ADG has developed an expansive plan to involve stakeholders throughout the duration of the project. Our
approach to design starts with our interactive method of designing known as our "Participatory Designs °;,
Approach."The method is based on the premise that good architecture requires a client who is not only101010
involved in the process, but understands and supports it.The Participatory Design Approach is a learning 11,0010
process for the client and design team involving the exchange of ideas, information, and meaningful input
from the users of the facility.It begins with the design proposal and evolves throughout the life of the project. wm ,
All key personnel on this team have experience with this method of communication and staff involvement. 1.,1 � y
The Participatory Design Approach hinges on the design professionals ability to listen carefully to the
owner's concerns. Flexibility, creativity, and integration are also important attributes in this process. Engaging the owner to set appropriate
goals and objectives for the design is the most critical stage of the design process.A client who possesses a clear vision, defined goals, and
an understanding of the facility's needs is an invaluable asset to the design team. In turn,the design team must guide the client in setting those
goals and objectives.Our experience has taught us that engaging facility users and project stakeholders is critical to the success of the project.
Facility users and stakeholders who participate in the project throughout all stages develop ownership,which later evolves into a sense of pride.
Our end goal is for clients and users to feel connected to the final architectural product.
8.Expertise in Designing Secure Facilities
Security control is only one of the tools to provide protection of evidence and staff.Established operational �y
procedures including"chain of custody"must also be established and followed to be successful.Security a���� ��t�; 4jolo i
measures include the following procedures to protect and preserve the evidence: �o ti A)40f��
1. CCTV coverage and NVR hard drive storage of all areas including the intake,storage, handling, and
disposition times of evidence, ffil , r rai
2. Vehicle inspection tear down bays to have door control access where only one door to the area can
be opened at a time,.Multiple cameras wilt be installed in all corners of the area used for tear downs/
inspections.
3. Separate controlled access rooms within the evidence facility for fire arms,narcotics,and currency/valuables. For each of these spaces
we typically provide dual credential access such as card and pin or card and biometrics.Additionally,within the rooms we would provide
motion detection, as well as infrared camera coverage.AC grills should be outfitted with internal bars to prevent access via the AC ducts
to these rooms and possibly an in-duct sensor.
4. Temperature and humidity sensors/alarms to security control,as well as tie to cell)phones when settings are exceeded for specific rooms
or spaces.
5. Specific ventilation needs for areas where decomposition may occur.
6. Generator and UPS back up of key areas and equipment.
9.Experts in Local and Texas Building Codes
Public safety facilities address unique circumstances related to Fire and Life Safety Codes,General Local Building Code Amendments, IC 500,
National Building Codes(i.e.such as NFPA 1401 and 1402 as they relate to training buildings),ADA,Texas Accessibility Compliance,and certain
Occupational Safety and Hazards Administration (OSHA) requirements. Our team approach will provide quick review turnaround. We are also
familiar with the new 2015 IBC Code Requirements for ICC 500 Storm Shelters which provides that in areas where the shelter design wind speed
for tornadoes is 250 mph, 911 call stations, emergency operation centers, and fire,rescue, ambulance,and police stations shall have a storm
shelter,or be built to or above storm shelter standards.Wylie falls within this zone,and if utilizing the 2015 IBC,will be required to include a safe
room within this facility.
ADG's team of architects and engineers will utilize the experience and personal relationships their firm has formed over many years of code
research and coordination at both the local and state review level. Our design team is acutely aware of the recent changes in the Texas IECC
RFO NO W2017-40eE I Wylie Puhtz Safety Buffing Architects Design Group 6
code, which the State of Texas adopted in September of 2016. This change in code has a direct
impact on this project.With ADG's knowledge of the updated code requirements,we can plan early far the 95 b DeSoro set. r;e nr,trced'
for these changes to ensure the project is not delayed. In addition, it is customary for us to visit ''U',"` "11 r'ar;e ure sr r rs orrr
code officials directly during review to establish open dialogue between the design team and plan °pr"r[,r1:r1"' '�a r,igi,•grahty yet WO
noticed Me dacurrre'rls leant e!!'"and
reviewers.This hands on approach allows transparency with the review process and invites those ale easier ra rrnderstarrd Mart rulers
involved with the various submittals to be"team members"in the design process.The result of this doe to the nomenclature si;slirnrs and
attitude of inclusion is fewer plan review comments and quicker approval for construction. fraprrrr:s used Also. rfetaits included
are ad;'arrced and There are very fe:;
Conclusion ,rt,ssi,rr. Tirs rs u7C1 U:i i the hoard for
he
With the ADG Team,you get a 46 year old firm whose sole focus has been on the design of police, rr design `t'sC1t'r"1e`' rrr rlrarr, tes
hrrarrn.t on is great ;rxf!lrrs tr,rnsGNes
fire rescue, emergency operations centers, communications, courts, and combined public safety n, a hatter understand/fig of the
facilities for the last 30 years.We believe the combination of our primary design focus, as well as plarr,red scare of;want h; estrarrrtc,r s.
our extensive list of experience for municipalities in Texas and throughout the United States,uniquely 0ansuittturs co„rrac,nrs old others
qualify us to work with the City on this important project We appreciate the opportunity to submit arRerl to the held fl
this RFC response, and hope to have the opportunity to present our qualifications in person to the ,,r .t Fsw At,hr�+c
City of Wylie. Additionally, if selected, our team is prepared to start this project immediately after ccr.!rarsrrr,rrion services
contract execution.The proposal submitted during the process remains effective for a period of 60
calendar days.
Sincerely,
Reeve ,....,
AI , CA,IALEP
President/Architects Design Group
ianr@adgusa.org/469.458.3438/TX License No,22797
RFO No, W2017.40-E Wylie Public SafetyBuddiug Architects DesignGruup 7
ARCHITECTS DESIGN GROUP
P iBLIC SAF TY FACT ITY E PERI NCE
• Alpharetta Public Safety Facility Renovation
• Alachua County Sheriff's Complex
• Altamonte Springs Public Safely Complex
• Altamonte Springs Fire Stator 1. olill
1;
• Ashland Police Facility 1 III
111111
• Atlantic Beach Police Department .
• Auburndale Police Facility 111111111111 .1
• Aubumdale Fire Station No. 1
• Aurora Police and Fire Department Joint Training F ^eity % �
• Bal Harbour Police Facility a�w�! � ri!ir/ �� '��r 1, � / % o� /
• Barlow Fire Station � /,%V ,%I
• Bay County Sheriff's Office /Nr krac nsrrf/%r� / � or u
• Bay County Dispatch Center ,,,,,, -f % , 11111111111111111111111111111111111111111111111111111111111111111111111111.....
• Belton Public Safety Facility Reno vation ��;�,,,; 111111111111111
111001.1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.11
• Boca Raton Police Fire Training FacilityIndian RiverShedlfs Office •
• Boca Raton Public Safety Information Management Center Orange County Sherif Sectortl
• Boone County Dispatch Center Public Safety Complex • Orlando Police Facility
• oe Facility • Johnston Fire Station No.2 • Orlando Police Department Firing
BoyntonBon Beachk Policee • IGssirumee Police Facility Range and Training Facility
•• Bruns County Sheriff'sDepartmentOffice •
Renovations • Orlando Fin;Station No. 10
• Cape Canaveraln Police and Municipal Facilities • lgssinunee Fire Station No.4 and 14 • Orange County Fire Station No.31
Cape Coral Poka Headquarters • ley Lake Police Facility and Town Fire Fighting Museum
• Hall • Osceola County Communications
• Cape Coral Fire Stations No. 1,2;&9 • Lakeland EMS and Fire Training Center
• CasselbenyFire Stations No.21 and 25
• Catawba County Sheriffs Office •
Complex • Owensboro Police Facility
• Lake County Communications and • Palm Beach Gardens Central Fire
• Cedar Park Police Headquarters Renovation EOC Facility Station/Fire-Rescue Administration
• Cedar Falls Public Safety Facility • Lake Mary Fire Station • Palm Coast Fire Stations 21,24,&25
• Chatham County Dispatch Center • Lake Worth Public Safely Complex • Pinellas Park Police Facility
• Charleston County Consolidated 911 Center • bake Worth Central Fire Station I Fire- • Polk County Sheriff District Command
• Clay County Emergency Services Complex Rescue Administration Center
• Clermont Police Department Headquarters • LaPlata Police Facility • Port St.Lucie Police and EOC
• Cocoa Fire Station Spatial Needs Assessment • Largo EOC and Police Training Facility • Port Fourchon Public Safety Center
• Cocoa Beach Public Safety Complex • Largo Fire Station No.41 • Provincetown Public Safety Facility
• Cocoa Beach Fire Station 51 • Laurel taw Enforcement Complex • Quincy Police Department
• Corinth Public Safety Facility • Lawrence County Dispatch Center • Rivera Beach Police Facility
• DeLand Police Department • Lebanon Police De
• Daytona Beach Shores Public Safely Complex Department Department Rochester Consolidated
Davie Police and Public Safety Facility •
Lighthouse Point Police Communications Center
• • Linn County Sheriff's Office • Rockledge Police Department
• Davie Central Fire Station • Longwood Police and EOC Facility • Ruidoso Police Facility
• Deltona Fire Station No.65 • Manchester Police Department • Sanford Public Safety Complex
• Desoto Fire Station and Administration Headquarters • Sanford Fire Station No.41
• Elmira Police Facility • Marble Falls Police Department • Sarasota Police Facility
• EFSC Public Safety Training Center Renovation • Sarasota County Public Safety Center
• Evangeline Parish Consolidated Communications Facility • Marlin County Dispatch Center • Silverton Police Department
• Frankfort Public Safety Facility • MNCPPC National Division •
• FL Myers Fire Station No. 1 and Administration Headquarters S Pete Beach Police FacilityComplex
• FL •
Lauderdale Police Facility •
Stuart Public Safety Mount Dora Public Safety Facility • Sunrise Public Safely Complex
• Gadsden County Sheriff's Office Renovation • Sunrise Fire Station No. 72
• Gainesville Police Facility Renovation • Nacogdoches 911 Center • Valley• Gainesville Police Department Training Facility • Nassau County Sheriffs Office Communications FaSpecial
Services District
• Georgetown Public Safety Operations and Training Complex . Norman 9111E0C Facility • Wells Public Safely Facility
• Granbury Police Headquarters • Northglenn Police and City Hall • Wells Fire Station No.2
• Grand Prairie Ilrving Public Safety Training Facility Comps • Williamson County Public Safety
• Greene County Public Safety Coordination Center • North Miami Police Department Facility
• Gulfport Public SafetyFacility • North Port Police Facility • Wilkes County Sheriff's Office
• Haines City Police Facility • Ocoee Police Facility • Winter Garden Police and EOC Facility
• Hernando County Dispatch Center • Ocoee Main Fire Station • Winter Garden Fire Station
• Highlands County Sheriff's Law Enforcement • Okeechobee County Dispatch Center • Winter Haven Police Facility
• Hillsborough Public Safety Operations Facility • Orange City Fire Station •
• Hony County Regional Communications Facility Study• Space Needs • iterParkPrblk:Safety and Training
• Huntington Police and EOC FacilityFacility
RE NO W2087.40•E 1 rifle Public Safety uiiing Architects ignGnaNp 25
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April 3, 2017 Revised April 19, 2017
Glenna Hayes
Purchasing Agent
City of Wylie
300 Country Club Road
Wylie,Texas 75098
Re: Wylie Public Safety Facility
Proposal for Professional Services
ADG Project No. 982-1.21
Dear Ms. Hayes:
Thank you for the opportunity to provide the City of Wylie, Texas with this proposal
for architectural and engineering services for the Renovation and Expansion of the
Wylie Public Safety Building(RFQ W2017-40-E).
The Scope of Work/Deliverables for this engagement are as follows:
Phase I
• Detailed Spatial Needs Assessment: Review/revise (as required)the existing
Space Needs Assessment.
• Site Analysis & Master Planning: Explore options utilizing the existing site.
Up to Three options are included in the base scope of services.
• Cost Estimating: Preparation of Estimates of Probable Costs for each of the
development options being considered.
• Conceptual Building Design: Conceptual level Site Development and
Building Design(s)of the development options being considered.
• Council Presentations: Attend two (2) Council meetings.
Phase II
• Site Development and Buildinc(s) Design: Preparation of contract documents
for the selected development option.
• Bid/Negotiation and Construction Administration: Assist the City in the Bid/
Negotiation of the contract documents and the Construction Administration
of the new facility.
333 Ne Knowles Ave Inter Park, FL 32789 I 407.647. 1706
4131 N. Central Expy, Ste 200 I Dallas, TX 75204 I 469,458.3438
adg@acigusa.org www.adgusa.org
Wylie Public Safety Facility
Proposal for Professional Services
ADG Project No. 982-1.21
April 3,2017 Revised April 19, 2017
Page 2
The following attachments A-F outline specific scope items for this project as well
as optional work that the City may wish to engage in. We are pleased to be involved
with this important project, and are available to respond to any questions or
comments that you or the City staff may have.
Sincerely,
NIP
Ian A. Reev ,,
President
Cc:MBV,AK,File ADG
EXHIBIT"A"
Scope of Services:
Wylie Public Safety and Courts Facility
Wylie,Texas
ADG Project No. 982-17
April 3, 2017 Revised April 19, 2017
General Description:
The project, and related Scope of Services, is generally described as the renovation and possible
expansion of the Wylie Public Safety Building to include development of a Spatial Needs Assessment,
Site Analysis, Master Planning, Design, and Construction Administration, and when authorized by the
City, Standard and Architectural/Engineering Services to include the following City of Wylie entities:
• Police Department
• Fire Administration/Emergency Operations Center
• Communications
• Municipal Courts Department
The Phases of Services are herein identified as follows:
1. Phase I-A: Detailed Spatial Needs Assessment:
1.1 The Consultant shall participate in an initial meeting, with Police Department, Fire
Administration, Communications, Courts personnel, and the City's Project Management
Team to review the proposed project and to establish project schedules for specific tasks.
I.2 The Consultant shall conduct an analysis of the routine operations of the identified entities
in order to fully understand their function, operations, and the respective interaction,
relationship, adjacency priorities, and potential of joint use facilities.
I.3 A detailed Spatial Needs Assessment shall then be conducted, providing documentation as
to current and future needs; future need being defined as those anticipated for the years
2028 and 2038, and the current need being defined as the year 2018. The process for
obtaining this information shall consist of a two-part effort; a detailed questionnaire and
on-site interviews with the staff of the various entities,as noted above.
The questionnaire shall relate to such information as:
1.3.1 Historical, Current and Projections for Future Staffing Levels.
1.3.2 A Detailed Mission Statement.
1.3.3 Departmental Organizational Charts.
1.3.4 An Assessment of Requested Spaces.
1.3.5 A Definition of Functional Inter-Relationships.
1.3.6 Documentation of Specialized Equipment.
1.3.7 Documentation as to relationship to other Departments.
1.4 The Consultant, as a part of this phase, shall consider and provide documentation to the
extent possible, current and future staffing level projections and their spatial need impact
upon future needs of facilities.
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EXHIBIT"A"
Scope of Services:
Wylie Public Safety and Courts Facility
Wylie,Texas
ADG Project No. 982-17
April 3,2017 Revised April 19, 2017
Page 2
1.5 Based upon the recommendations related to facility size(s), the Consultant shall identify
the land area needed for the building, associated parking and related site requirements,
such as stormwater retention, parking areas, landscape requirements, infrastructure
improvements, and building setback requirements.
1.6 The Consultant shall research and provide information relative to identifying potential
supplemental grant funding sources, noting entities which provide funds for projects of the
type envisioned for public safety facilities.
1.7 This phase shall result in a detailed report,which shall contain the following components:
1.7.1 Police, Fire Administration Department, Communications and Courts Program
Requirements.
1.7.2 Exterior Facilities(If Requested).
1.7.3 Joint-use/Shared Facility Opportunities.
1.7.4 Development Options.
1.7.5 Estimates of Probable Development Costs.
1.7.6 Phasing Plan(s).
1.7.7 Analysis and Identification of all pertinent regulatory requirements.
1.8 The final report shall contain recommendations relative to potential solutions, and shall
include up to three (3) alternative development options as to the size and associated
potential costs of each such alternative. A review of the Facilities Assessment, prepared by
McCarthy, and a geo-tech report will be included. This report shall be issued to the City's
Project Management Team for review and consideration, and subsequently, upon the
City's direction, to the City of Wylie City Council at a public meeting and/or Council
Workshop.
2. Phase I-B: Site Analysis,Master Planning and Boundary Survey:
2.1 The City shall submit to the consultant, any existing documentation relative to the site and
existing building. Based upon the site size determined to be necessary, as identified within
the Spatial Needs Assessment, and with the direct input of the City, the Consultant shall
assist in the development of outlining the site characteristics of site.
2.2 The Consultant shall then conduct an evaluation of the City's parcel utilizing nationally
recognized criteria. The Consultant shall prepare, and distribute to the appropriate City
personnel, a detailed form for evaluation by the City as well as the Consultants.
2.3 Items to be considered will include:
2.3.1 Ability of the site to accommodate appropriate public and staff parking.
2.3.2 Evaluation of property relative to a 100-year storm.
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EXHIBIT"A"
Scope of Services:
Wylie Public Safety and Courts Facility
Wylie,Texas
ADG Project No. 982-17
April 3,2017 Revised April 19, 2017
Page 3
2.3.3 Identification of potential hazards.
2.3.4 Appropriateness (capacity) of existing utilities, such as power, gas, water, sewer,
fiber optics, etc.
2.3.5 The ability of the site to accommodate identified future space needs as identified in
Phase I-A.
2.4 Obtain, to the extent possible, historical and current aerial photographs of the properties,
the purpose being to illustrate previous site utilization.
2.5 Based upon the information assembled and documented, the Consultant shall prepare a
written report noting the information herein contained, and make a specific
recommendation as to the appropriateness of the property redevelopment. Twelve (12)
hard copies plus a digital copy of this report shall be provided to the City.
2.7 Based upon the information obtained during development of the Spatial Needs
Assessment, the Consultant shall participate in a meeting(s) with representatives of the
City of Wylie to initiate the Master Planning effort. The premise of this meeting shall be
to obtain consensus as to the appropriate land utilization of the designated property and the
proposed facility, as well as future expansion requirements.
2.8 Based upon the adopted Development Alternative, the Consultant shall prepare a Master
Plan Document of the selected site, illustrating:
2.8.1 Proposed Iand utilization of the selected site.
2.8.2 Location and general configuration of"current need"facilities.
2.8.3 Areas of potential expansion for future need.
2.8.4 Location of vehicles access and egress, both staff and public.
2.8.5 Pedestrian areas and site circulation.
2.8.6 Vehicle Parking Areas (Staff, Public).
2.8.7 Area(s)designated for stormwater detention.
2.8.8 Required Standoff Distances
2.9 The Consultant shall then prepare a final Master Planning Drawing illustrative of the
proposed recommended solution and present same to the staff of the City of Wylie. These
documents shall then, upon direction by the City Administration, be the focal point of an
outreach program with the purpose of explaining the importance of the project to the
Council members.
2.10 The design team will procure, on behalf of the City, a boundary and topographic survey of
the City-owned property(s) for the use of site engineering for the proposed project.
C.'Usersllvlbrandvokey\Documents\\-ADG\3-Projects\982-Wylie Public Safety°+I-Corres\Contracts",OwnerlExhibit A-Scope Of Services 04-19-17 Docx
EXHIBIT"A"
Scope of Services:
Wylie Public Safety and Courts Facility
Wylie,Texas
ADG Project No. 982-17
April 3, 2017 Revised April 19, 2017
Page 4
3. Phase I-C: Conceptual Building Design:
The Consultant will prepare conceptual design documents consisting of preliminary elevations and
illustrating the following items:
3.1 Confirm the site development layout illustrating parking areas, vehicular/pedestrian
circulation,public/private zones, site utility considerations, future expansion,etc.
3.2 Provide block diagram of major programmed spaces showing functional relationship.
3.3 Provide building size/shape configuration showing major entry points.
3.4 Provide graphic representation of proposed exterior building envelope components.
3.5 Provide list of proposed energy efficient systems/building components.
3.6 Provide optional solutions if necessary to address identified constraints.
4. Phase II: Basic Architectural and Engineering Services:
4.1 The Consultant shall provide services for the standard phases, as defined in the
Owner/Consultant agreement, for the proposed facility. These shall include schematic
design at 20% of the basic services fee, design development at 30%, construction
documents at 25%, bidding or GMP coordination at 5%, and construction administration at
20%, respectively
4.2 The Consultant and the Client recognize that the requested services are of significant
magnitude, scheduling and complexity, which may include the facility being developed in
terms of"survivability"as may be required by the City.
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EXHIBIT `B"
Information Requested
Wylie Public Safety and Courts Facility
Wylie, Texas
ADG Project No. 982-17
April 3, 2017 Revised April 19, 2017
General Description:
The project, and related Scope of Services, is generally described as the development of a Spatial Needs
Assessment, Site Analysis, Master Planning, and Design and Construction Administration for the Police,
Fire Administration, Communications and Courts Facility for the City of Wylie.
The information that Architects Design Group (ADG) would need from the City of Wylie in order to
complete this project include:
1. The City shall submit to the consultant, any existing documentation relative to the proposed site
and building that has been previously identified and investigated; including, but not limited to:
1.1. Aerial maps
1.2. Fbodplain maps
1.3. Topographic maps
1.4. Bench mark data
1.5. Copy of the McCarthy study and any other studies on the building
1.6. Construction documents for the building
1.7. Standard contract forms and the actual printing of the plans and contract documents.
2. The City is to provide the Design Team with soil borings (at the appropriate time).
3. The City is to provide the Design Team any land development regulations that the Design Team
will need to comply with.
4. The City is to provide the Design Team a list of the Permitting Agencies that will be involved in
reviewing and/or permitting the project.
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EXHIBIT"C"
Wylie Public Safety and Courts Facility
Wylie,Texas
ADG Project No. 982-17
April 3, 2017 Revised April 19, 2017
1. Additional Services:
The Architect, or his consultants, shall provide the following additional services if requested:
1.1 Interior Design:,
1.1.1 Interior design services related to the programming, conceptual design, bidding and
supervision of installation of furnishings. The Fee for this service is identified in
Attachment"D".
1.1.2 Services related to the inventory of existing furnishings and equipment shall be
provided billable on an hourly basis, utilizing the rate schedule identified in
Attachment "D", or at an agreed upon fixed fee amount. Said services are to be
provided only when specifically requested by the Client in writing.
1.2 Off-Site Civil Engineering:
Upon acceptance of the Conceptual Site Plan, if off-site services engineering are required,
a scope of work shall be established. Work typically identified as the Scope of Services
for Civil Engineering is construction falling outside the property lines or within on-site
easements and/or the relocation of existing utilities. The Professional fee shall be agreed
upon by the Client, the Architect and Civil Engineer based upon a defined Scope of
Services.
1.3 Landscape Architectural Services:
Landscape Architectural Services shall be provided by a registered Landscape Architect,
selected by the Architect, to provide the Scope of Services to be defined by the accepted
Master Site Plan. The Professional Compensation Fees for these services shall be as noted
in Attachment"D".
1.4 Site and Building Identification/Graphic Design:
Provide graphic design services associated with the design and construction administration
of building identification, graphics and signage.
1.5 Professional Liability Insurance:
The Design Team shall maintain, during the term of this agreement, Professional Liability
Insurance providing coverage for errors and omissions in the amount of $2,000,000.00.
The Architect shall provide the Client with a certificate showing such coverage and
providing that the insurance will not lapse or be canceled except upon thirty (30) days
written notice to the Client. As compensation for the cost of such insurance, the Client
will pay the Architect a value equating to 4% of the total Architectural and Engineering
fee, excluding fees for the Building Program Verification, Master Planning, Preliminary
Site Analysis, and Reimbursable Expense AIlowance. The Professional Compensation
Fees for these services shall be as noted in Attachment"D".
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EXHIBIT"C"
Additional Services
Wylie Public Safety and Courts Facility
Wylie,Texas
ADG Project No. 982-17
April 3,2017 Revised April 19, 2017
Page 2
1.6 Permitting Coordination Services:
The Architect shall provide permitting coordination services as follows:
1.6.1 Define all permits and/or review agency requirements and provide a graphic
chronological assessment.
1.6.2 Prepare and/or coordinate the permitting applications and make the submittals in a
timely manner and in accordance with the schedule to be submitted by the
Architect upon execution of this agreement by the Client.
1.6.3 Monitor the permitting process and provide written progress reports to the City of
Wylie.
1.6.4 The Professional Fee for permitting associated with site and facilities shall be as
noted in Attachment"D".
1.7 Facility Energy Analysis (not required at this time):
The Architect shall so prepare Supplementary Design Documents as to permit the
accomplishment of a detailed energy analysis, to be conducted by an appropriate entity
with expertise in providing this service. The purpose of the analysis shall be to maximize
energy efficient systems, including insulation, fenestration and similar passive energy
applications, to the extent allowable by the project construction budget. This service will
be required if the City elects to pursue LEED certification for the proposed project.
Services Fee shall be as noted in Attachment"D".
1.8 Facility or Site Model Computer Renderings:
The Architect shall either have constructed up to 3 computer rendering(s) of the facilities
or the overall Master Plan, illustrating site utilization, building massing, access and egress
roadways, parking areas, pedestrian walkways and stormwater retention areas. The
Professional Services Fee shall be as noted in Attachment"D".
1.9 Special Engineering:
Special Structural Engineering services will be provided by the Architect/Engineer, when
authorized by the Client, if unusual site soil or geographical conditions are found to exist.
An additional fee in an amount to be determined shall be established based upon the
conditions discovered and the complexity of services necessary to correct said conditions.
1.10 Extended Construction Observation:
The Architect shall provide standard construction observation services during the
construction phase. As also noted in this agreement, these services constitute twenty
percent (20%) of the value of Standard Services. The Construction Documents will
stipulate the period allowed the Construction Manager (CM) for construction, which is
anticipated to be fourteen (I4) months. The Architect shall be entitled to Additional Fees
if the CM exceeds this stipulated period which shall be negotiated with the input of the
EXHIBIT"C"
Additional Services
Wylie Public Safety and Courts Facility
Wylie,Texas
ADG Project No. 982-17
April 3,2017 Revised April 19, 2017
Page 3
City of Wylie, said fees being a pro-rata monthly fee of the fee allocated for this phase.
These fees shall be documented in the contract specifications as the responsibility of the
Construction Manager and shall be payable to the City to reimburse the City for payments
to the Architect.
1.11 Post Occupancy/Warranty Inspection:
Eleven months after occupancy of the building the Architect and M/E/P Engineers shall
conduct a warranty inspection of the building and shall document all systems and elements
that are in need of corrective action on the part of the CM. The Architect shall
subsequently re-inspect the facility(s) to establish that noted items have been satisfactorily
resolved or if additional work is required on the part of the CM. The Professional Services
Fee shall be as noted in Attachment"D". Note that the fee for this service shall be due at
the time such services are rendered.
1.12 Community Outreach Program:
If desired, the Architect and its team shall participate in up to 3 public presentations in a
collective effort of engaging the local community at Iarge. The Architect will assist with
the development of the necessary presentation materials and format and will provide one
copy, both digital and hard copy version,to the City for its records. A minimum of two(2)
representatives of the Architect's team shall participate in each of the requested
presentations. The professional fee is as noted in Attachment"D".
1.13 Computer Cable System Design Coordination:
The Architect shall meet with City of Wylie Project Manager and the Office of Information
Technology staff and establish the basic guide lines for a computer cable system for the
facility and shall subsequently prepare a cable plan with appropriate distribution spaces in
the facility. The professional fee shall be as noted in Attachment"D".
1.14 Security Consultant:
The Architect shall obtain the services of a qualified Security Consultant for services
related to site and building security systems, including C.C.T.V., access/egress controls,
locking devices, and site security systems. The professional fee shall be established based
upon a defined Scope of Services as noted in Attachment"D".
1.15 Site Surveying:
This service is to be provided by the Client; however, in the event that the Architect is
requested to provide these services, the Architect shall obtain the services of a Registered
Land Surveyor, acceptable to the Client, for a site boundary and topographic survey for the
subject property. This service is provided to the Client with the understanding and
EXHIBIT"C"
Additional Services
Wylie Public Safety and Courts Facility
Wylie,Texas
ADG Project No. 982-17
April 3, 2017 Revised April 19, 2017
Page 4
agreement that the Architect shall have no liability for said services. The professional fee
shall be established based upon a defined Scope of Services.
1.16 Geotechnical Engineering:
This service is to be provided by the Client; however, in the event that the Architect is
requested to provide these services,the Architect shall obtain the services of a Professional
Geotechnical Engineering firm for purposes of sub-surface soils investigation, percolation
testing, and foundation recommendations. This service is provided to the Client with the
understanding and agreement that the Architect shall have no liability for said services.
The professional fee shall be established based upon a defined Scope of Services.
1.17 Building Commissioning:
The Architect and its Engineers, if so desired by the City of Wylie, shall provide complete
building commissioning services of the Mechanical, Electrical, and low-voltage systems
facility wide including creating a commissioning plan, integrating the commission
requirements into project specifications, creating functional test procedures, perform a test
and balance verification, and create a training plan. The professional fee shall be as noted
in Attachment"D". This service is provided, upon the City's request, at the conclusion of
the construction period.
1.18 Grants Identification:
The Architect shall include, in his report (Phase IA) information as to additional potential
grants available for a project of this type. It shall identify funding sources, availability of
funds and methodology (when appropriate)as to obtaining grant funding. The professional
fee shall be as noted in Attachment"D".
1.19 Grants Application:
The Architect, if so desired by the City of Wylie, shall provide grant preparation services.
The professional fee(s) shall be established after identification of a potential grant and/or
grants, and is noted in Attachment"D".
1.20 Additional Construction Observation Services:
The Client may elect to have the Architect provide additional on-site construction
observation services beyond the bi-weekly standard services noted in this Agreement.
Such representation, if desired, will be based upon the selection of an option, as provided
for in Attachment"D".
EXHIBIT"C"
Additional Services
Wylie Public Safety and Courts Facility
Wylie,Texas
ADG Project No. 982-I 7
April 3, 2017 Revised April 19, 2017
Page 5
1.21 Record/Conformance Drawings:
This service is typically provided by the CM, but in the event that the Client desires the
Architect to develop a record or "as-built" set of construction documents, provided at the
conclusion of construction, then the Architect shall be entitled to a professional fee as
noted in Attachment"D".
1.22 Sustainable Design Concept Implementation / LEED Design: (not required at this
time)
In the event the City desires to pursue either LEED certification or Sustainable Design
Concept Implementation of the project; the Design Team will be responsible for
identifying, documenting, and implementing a variety of sustainable design components
for the City of Wylie that can be accomplished within the defined project budget. The City
will need to contract with an independent Certifying Agent in the event that LEED
certification is desired by the City. The professional fee shall be negotiated based upon the
level of LEED certification, or the magnitude of the sustainable design concepts that are
requested, and shall be as noted in Attachment"D".
1.23 Communications Consultant:
The Architect shall be responsible for all services related to the coordination of the
communications system(s) for this facility including, but not limited to, transfer of existing
equipment, selection and bidding of new equipment, itemization of facility services
required (such as electrical, mechanical equipment, etc.) and any other criteria relative to
the communications systems of this facility. The professional fee for this service is as
noted in Attachment"D".
1.24 Audio-Visual Consultant:
The Architect shall obtain the services of an individual/Firm with expertise in audio-visual
systems and, based upon a defined Scope, shall provide the Client with a proposed
professional fee,as noted in Attachment"D".