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01-11-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA JANUARY 11, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALL TO ORDER INVOCATION& PLEDGE OF ALLEGIANCE PROCLAMATIONS & PRESENTATIONS • Presentation to Star Students for the character trait of"Caring". (Mayor Mondy and Mayor Pro Tem Hogue) CITIZENS PARTICIPATION CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the regular City Council Meeting of December 14, 2004 and the Special Called Work Session of December 16, 2004. (C. Ehrlich, City Secretary) B. Consider and act upon approval of Resolution#2005-01(R) of the City Council of the City of Wylie, Texas establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. (C. Ehrlich, City Secretary) C. Consider and act upon a Resolution authorizing the City Manager to execute a contract with Birkhoff, Hendricks & Conway, L.L.P. for an amount not to exceed $10,800 for Engineering Services for design and construction of two pedestrian bridges in Sage Creek North Park and authorizing the use of funds in the West Zone of the Park Acquisition and Improvement Fund for construction of the project. (M. Sferra,Public Services Director) D. Consider and act upon approval of a Preliminary Plat for the Ambers Cove Addition. (C:. Thompson, Planning&Zoning Director) E. Consider and act upon awarding a contract in the amount of $32,765.00 to Classic Gardens for the installation of trees in Cimarron Estates Park, Sage Creek North Park and Highway 78 median. (M. Sferra,Public Services Director) F. Consider and act upon awarding a contract to Southwest Parks & Playgrounds in the amount of $43,142.95 for the purchase of playground equipment for Olde City Park and Cimarron Estates Park. (M. Sferra,Public Services Director) G. Consider and act upon an ordinance amending Ordinances 92-6, 96-14, and 96-22 (Pretreatment Program). (M. Sferra,Public Services Director) INDIVIDUAL CONSIDERATION 1. Discussion and consideration of all matters incident and related to the issuance and sale of "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005", including the adoption of the ordinance authorizing the issuance of such obligations. (M. Manson,Asst. City Manager) Executive Summary Article VII Section 8 of the City Charter establishes the City's right and power to borrow, with Section 8.D. further specifying the option of the issuance of Certificates of Obligation. A Notice of Intent was published in the Wylie News on December 22nd and December 29d' setting out the City's intent to issue $6.35 million in Certificates of Obligation for the purpose of purchasing 253 acres. The proposed use of the property includes recreation facilities, and a municipal government complex. Per the contract with the Trust for Public Land, the closing on the land is to take place prior to January 31st. 2. Discussion and consideration of all matters incident and related to the issuance and sale of"City of Wylie, Texas, General Obligation Refunding and Improvement Bonds, Series 2005", including the adoption of an ordinance authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded. (M. Manson,Asst. City Manager) Executive Summary The proposed ordinance accomplishes two purposes. The first is to issue the balance of the bond funds from the 1999 Bond Election in the amount of$5,740,000, and the second is to refund two outstanding debt issues that will result in debt service savings to the City of$280,000. The savings will be spread out over the life of the new issue. RECESS CITY COUNCIL CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION • 1A Discussion and consideration of a Resolution authorizing the Wylie Park and Recreation Facilities Development Corporation to enter into a Project Contract with the City of Wylie, Texas and resolving other matters incident and related thereto. (M. Manson,Asst. City Manager) Executive Summary The adoption of the ordinance authorizing the issuance of Certificates of Obligation (COs) is scheduled to take place during the January 11, 2005 Council meeting. While the legal pledge is a combination of taxes and a limited pledge of water and sewer revenues, the City is not precluded from using otherwise lawfully and unencumbered funds such as those moneys received from the 4B Corporation to pay the debt. RECOVENE CITY COUNCIL 3. Discussion and consideration of a Resolution authorizing the City of Wylie, Texas to enter into a Project Contract with the Wylie Park and Recreation Facilities Development Corporation and resolving other matters incident and related thereto. (M. Manson,Asst. City Manager) Executive Summary The adoption of the ordinance authorizing the issuance of Certificates of Obligation (COs) is scheduled to take place during the January 11, 2005 Council meeting. While the legal pledge is a combination of taxes and a limited pledge of water and sewer revenues, the City is not precluded from using otherwise lawfully and unencumbered funds such as those moneys received from the 4B Corporation to pay the debt. 4. Consider and act upon accepting the resignation of Christine Mitchell and approval of a new Animal Shelter Advisory Board Member to fill the unexpired term. (J. Butters,Police Chief) Executive Summary Christine Mitchell has resigned her employment with the City of Wylie to accept a position with the City of Plano. Katie Munson is now the senior employee at the Wylie Animal Shelter. Katie has been an Animal Control Officer for the City of Wylie since 11-07-02 and has been an excellent employee. Katie has previous animal shelter experience volunteering with the City of Rowlett Animal Shelter for several years and working at the Plano Animal Shelter for several years. 5. Consider and act upon appointment of a new member of the Planning and Zoning Commission to replace Mike Phillips for the unexpired term of July 2004 to July 2006. (C. Thompson, Planning & Zoning Director) Executive Summary Article VIII, Section 2A of the City Charter authorizes the City Council to appoint a Planning and Zoning Commission to advise the Council in carrying out its various duties regarding planning and development. The Commission shall consist of seven (7) citizens who have been residents of the City at least twelve (12) months, appointed for terms of two (2) years each. Section 10.2 of the adopted "Rules of Procedures" for the Planning and Zoning Commission provides that any Commission member missing three (3) consecutive regularly scheduled meeting shall be subjected to dismissal from the Commission. Mike Phillips was reappointed to a two (2) year term on the Planning and Zoning Commission in July of 2004. Mr. Phillips, who has served very faithfully on the Commission since 2001, has been absent from Commission meetings recently due to changes in his business schedule. 6. Consider and act upon appointment of a new member of the Zoning Board of Adjustment to replace Wayne Morman for the unexpired term of July 2004 to July 2006 (C. Thompson,Planning &Zoning Director) Executive Summary Article VIII, Section 2C of the City Charter authorizes the City Council to appoint a Zoning Board of Adjustment to adjudicate requests for variances and special exceptions to the regulations of the Zoning Ordinance. The Board shall consist of five (5) members and two (2) alternate members, appointed for terms of two (2)years each. Section 10.2 of the adopted "Rules of Procedures" for the Zoning Board of Adjustment provides that any member missing three (3) consecutive regularly scheduled meeting shall be subjected to dismissal from the Board. Wayne Morman was reappointed to a two(2)year term on the Zoning Board of Adjustment in July of 2004. 7. Consider and act upon a request to waive the residential alley requirement of the Subdivision Regulations for the Birmingham Ranch Tract. (C. Thompson,Planning&Zoning Director) Executive Summary Section 3.2.B of the Subdivision Regulations states that "alleys shall be required in all residential districts... the City Council may waive this alley requirement". The subject property totals 16 acres and is long and narrow. The property is zoned SF-10, and the applicant anticipates creating 53 lots in excess of 10,000 square feet each. Abutting existing residential development does not have alleys and undeveloped property is not likely to have alleys. Alleys serve limited functions on such large lots, as all urban functions (vehicular access, drainage, utilities) are accommodated by other methods. Elimination of alleys increases the number of lots and potential property tax revenue to the City and eliminates the cost to the City for maintenance. 8. Consider and act upon a request to waive the residential alley requirement of the Subdivision Regulations for the Collins Tract. (C. Thompson,Planning&Zoning Director) Executive Summary Section 3.2.B of the Subdivision Regulations states that "alleys shall be required in all residential districts... the City Council may waive this alley requirement'. The subject property is long and narrow, and totals 34 acres. The property is currently zoned Agriculture (A)as a holding zone until appropriate urban uses are approved. The applicant desires to rezone the property and to submit a preliminary plat creating 54 lots in excess of 20,000 square feet each. The subject property is bounded on three sides by existing large- lot subdivisions which do not provide alleys. Alleys serve limited functions on such large lots, as all urban functions (vehicular access, drainage, utilities) are accommodated by other methods. Elimination of alleys increases the number of lots and potential property tax revenue to the City and eliminates the cost to the City for maintenance. 9. Consider and act upon a request to waive the minimum acreage requirement of the Zoning Ordinance in order to permit submittal of an application for a Planned Development District. (C. Thompson,Planning and Zoning Director) Executive Summary Section 6.B.2.b of the Zoning Ordinance states that"residential PD Districts shall be a minimum of 5 acres. However, the Council may waive this minimum area requirement...". The subject property totals 4.54 acres. The applicant has indicated a desire to submit for Planned Development Planned Development zoning, in order to develop Townhouse residents on the property, although other development schemes may be feasible for the tract. Approval of this waiver has no relationship to the justification of any future PD request. The property is zoned Agriculture (A) as a holding district until appropriate urban uses are determined, and it has never been platted. Abutting properties to the north and west are platted and developed as private single-family residential lots of 7,200 sq.ft. Properties to the east across Thomas Street are zoned SF 8.5 Residential,but have never been platted, and are the remaining remnant of the original single-ownership homestead. The City library and park are to the south across Pirate Drive. Public Hearing 10. Hold a public hearing and an ordinance of the city of Wylie, Texas, amending the Comprehensive Zoning Ordinance of the city of Wylie to provide a definition and regulation of the location of body piercing and tattooing establishments; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. (C. Thompson, Planning & Zoning Director) Executive Summary The City of Wylie has not previously regulated body art, such as body piercing or permanent body tattooing. Although not specifically mentioned in the Zoning Ordinance, staff currently defines body piercing and tattooing with other Personal Services, which are allowed within all commercial zoning districts including Neighborhood Services (NS), Community Retail(CR),Business Center(BC),and Corridor Commercial(CC),as well as the Downtown Historic District(DTH). This amendment will specifically define permanent body art as piercing and tattooing, and will limit the location of establishments which offer such services to the Industrial(I)District. tAlliN .:O 0 MANIC TITLE , c C P ttOt t PPR ,IVEA Bat COMeilI AS RI'QVIRtl liV WYLIE 1TY HARTR. A TTOLE II ,> ECTTQ1 :1:-04 : In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. Thit(Ipen I4 stings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Exec`�tl4 s S ip exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Sti •be' dcorded in open session. 1. I certify that this Notice of Meeting was pn ted an this 7th-day of.ra nary, 2005 at 5:00 p.m. as required by law in accordance with Section 551.042 of th exas Governnant Cbde and that the appropriate news media contacted. As a courtesy,this agenda is also p to the City f lie Website ia ww\v.ci:1wyliea*us •• 0. Carole Ehrlich,Ci Secretary '',,-/)-7/� F X,c``,‘., Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. isign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, December 14, 2004 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALLTOOIDEI ` Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom, and Councilman Merrill Young. Councilman J. C.Worley was absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Holsted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison; Police Chief, Jeff Butters; Community Development Director, Mike Sferra; WEDC Director, Sam Satterwhite; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. .......................... INVO ATION&P .ED E OF ALLE IP�N E •Reverend Mona Bailey with the Corinth Presbyterian Church gave the invocation and Councilman Young led the Pledge of Allegiance. PRO(LAIkIATIONNS& PRESENTATl;ON • 2004 Outgoing Board and Commission Members Appreciation Presentation and Appreciation to all current City of Wylie Board and Commission Members. Mayor Mondy and Mayor Pro Tern Hogue presented Certificates of Appreciation and plaques to each 2004 Outgoing Boards and Commissions Members and thanked all current board members present for their service on the City of Wylie Boards and Commissions. CITIZENS 1X .TIaC.IPATION Kathy Spillyards residing at 301 N. Jackson, Wylie, Texas addressed Council stating that, she was excited to read that the city was planning the purchase of land and would like to ask council to consider, with the new acquisition of property by the City of Wylie, the use of a portion of that property to include a new expanded Library. She explained that many citizens were concerned about space at the existing library and with the growing population, a new expanded library would be needed in the future. (Cf3�NSENT A. ENDA U matters Listed under the!Consent Agenda are considered to be routine b the City Cou c►l anal will he enacted by one motioi There will not be separate discussion of these items::If discussion is desired,that item u�l be reanoved f ronri the Consent;A da and will be.co lered separately A. Approval of the Minutes from the regular City Council Meeting of November 23, 2004. (C. Ehrlich, City Secretary) B. Consider and act upon Ordinance#2004-36 annexing all of a certain 66.194 acre tract of land out of the Francisco De La Pina Survey, Abstract #688, Collin County, Texas and generally located west of Stone road, east of Kreymer. (C. Thompson,Planning&Zoning Director) Minutes—December 14,2004 Wylie City Council Page 1 C. Consider and act upon the approval of a Final Plat for the Rubalcava Addition. (C. Thompson,Planning&Zoning Director) D. Consider and act upon the approval of a Final Plat for the Akin Addition. (C. Thompson,Planning&Zoning Director) E. Review and accept Amendments to the Parks & Recreation Board By-Laws. (R. Diaz,Parks Supervisor) F. Consider and act upon approval of a Resolution authorizing the City Manager to enter into an Interlocal Agreement with Collin County for improvements to Olde City Park. (M. Sferra, Community Services Director) G. Consider and act upon a Resolution authorizing the City Manager to enter into a one year Wrecker Service Agreement with Signature Towing,Inc. (J.Butters,Police Chief) H. Consider and act upon a Resolution authorizing the City Manager of the City of Wylie, Texas, to execute the lease-purchase agreement for laptop computers with Government Capital Corporation. (J. Butters,Police Chief) Councilman Trout stated that he would like to go on record for his continued opposition to the alley waiver approved by Council at an earlier meeting,pertaining to Item D. Council Action A motion was made Councilman Young to remove Item B from the Consent Agenda to be considered individually. Consensus of the Council was to remove Item B. Council Action A motion was made by Mayor Pro Tem Eric Hogue, seconded by Councilman Young to approve Items A, C, D, E, F, G and H of the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Worley absent. B. Consider and act upon Ordinance#2004-36 annexing all of a certain 66.194 acre tract of land out of the Francisco De La Pina Survey, Abstract #688, Collin County, Texas and generally located west of Stone road,east of Kreymer. (C. Thompson,Planning&Zoning Director) Mayor Mondy announced that the Kreymer Annexation (Ordinance#2004-36)had been withdrawn by the applicant with a letter to that effect on file. Council Action A motion was made by Mayor Pro Hogue, seconded by Councilman Trout to accept the withdrawal by the Kreymer Family for the annexation of all of a certain 66.194 acre tract of land out of the Francisco Minutes—December 14,2004 Wylie City Council Page 2 De La Pina Survey, Abstract#688, Collin County, Texas ad generally located west of StoneRoad, east of Kreymer(Ordinance#2004-36). A vote was taken and passed 6-0 with Councilman Worley absent. 1. Consider and act upon an Ordinance of the City of Wylie, Texas creating the Support Services Department, and establishing the functions for the Department. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that under the City Charter, Article IV, Section 6 (A), entitled City Council May Create Offices states that,"The city council may,after hearing recommendations of the city manager, create or establish departments, offices, or agencies in addition to those provided for by this Charter, and may prescribe the functions and duties of such departments,offices and agencies." He explained to Council that this ordinance recommends the creation of the Support Services Department. The new Department would consist of smaller units that primarily provide services to other City departments. This Department would include the following divisions: Human Resources, Information Technology, Municipal Court and Purchasing. Council Discussion Mayor Pro Tem Hogue asked Mr.Roath if the Assistant City Manager would be appointed to serve as the Director of the newly established department and if that responsibility would be in addition to her other duties. Mr. Roath replied that it would. Councilman Newsom asked when the proposed department would be implemented. Mr. Roath replied that as soon as the creation was approved by Council,the implementation would begin. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance #2004-38 creating the Support Services Department, and establishing the functions for the Department. A vote was taken and passed 6-0 with Councilman Worley absent. 2. Consider and act upon an Ordinance dividing the Department of Community Services, creating the Building Department, establishing the function of the Department, creating the Public Services Department, establishing the functions of the Department, abolishing the Community Services Department, providing a Repealing, Severability and Savings Clauses and Providing for an Effective Date. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that this ordinance recommends the creation of the Building Department. In addition, this ordinance recommends that the Community Services Department be renamed to Public Services Department,which better reflects its field operation functions. With approval of this ordinance, Building would be a stand alone Department—that is, equal to Planning and Zoning, etc. In addition, the Code Enforcement Division would be removed from the Police Department and put into this new Department. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Ordinance #2004-39 creating the Building Department, establishing the functions of the Department, creating the Public Service Department, establishing the functions of the Department,and abolishing the Community Services Department. A vote was taken and passed 6-0 with Councilman Worley absent. Minutes—December 14,2004 Wylie City Council Page 3 3. Consider all matters incident to approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation, including the adoption of a Resolution pertaining thereto. (M. Manson,Assistant City Manager) Staff Comments Assistant City Manager Ms. Manson addressed Council stating that in Article VII Section 8 of the City Charter establishes the City's right and power to borrow, with Section 8.D. further specifying the option of the issuance of Certificates of Obligation. As proposed,the Resolution being considered authorizes the publication of the Notice of Intent which sets out the City's plan to issue $6.35 million in Certificates of Obligation for the purpose of purchasing 253 acres of land. The notice is to be published twice,with the planned Award of Bids and adoption of the Ordinance to take place on January 11,2005. The proposed use of the property includes open space,recreation facilities,and a municipal government complex. Per the contract with the Trust for Public Land,the closing on the land is to take place prior to January 31, 2005. Council Discussion Mr. David Medanich representing First Southwest Group, 777 Main Street, Suite 1200, Fort Worth, Texas addressed council stating that Ms. Manson had addressed the Issuance of Certificates of Obligation very well. He commented that in addition to this item, there are previous bonds outstanding that will be called for in February, 2005. Mr. Medanich explained that these outstanding bonds have rates ranging from 4.75% to 6.80%. Mr. Medanich made the suggestion to Council that when the sale of the new Certificates of Obligation are approved at the January 11, 2005 Council meeting, that another action item be prepared addressing the previous outstanding bonds and that the bonds be refunded and reissued with new bonds at a substantially lower interest rate, saving the City somewhere around$285,000. Council Discussion Mayor Mondy asked Mr. Medanich what the trigger mechanism was for the previous bonds. Mr. Medanich replied that there is no mechanism since the City is refunding the bonds and would just require an action approval from Council. The day of the sale,the other bonds would be put on the agenda with the issuance of the Certificates of Obligation and the cost for the duel action would save administration fees, overall. Mr. Medanich stated that communication would be given to Council previous to the January 11, 2005 meeting pertaining to the refund for the previous bonds. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve and authorize publication of Notice of Intention to Issue Certificates of Obligation, including the adoption of Resolution#2004-28(R) pertaining thereto. A vote was taken and passed 6-0 with Councilman Worley absent. 4. Consider and act upon authorizing the City Manger to negotiate an Agreement with the Plano Independent School District for the provision of sewer services to a 14 acre tract in the City of Parker subject to final approval by City Council. (M. Manson,Assistant City Manager) Staff Comments Assistant City Manager Ms. Manson addressed Council stating that the City has received a request from the Plano Independent School District(PISD)requesting sanitary sewer service to a 14 acre tract of land in the City of Parker for a future school site. She explained some of the issues that staff had previously researched: • Staff has examined the existing sewer in the area and has determined that there is sufficient capacity to accommodate the school. • A portion of the northwest section of the City of Wylie is within the PISD. Minutes—December 14,2004 Wylie City Council Page 4 • The City of Parker is aware of the request. • The PISD has indicated that it is not likely to build this school within the next three years,but wishes to have the question of sewer resolved before proceeding with the purchase of the property. • If the Council approves this item, the City Manager will negotiate an agreement with the PISD similar to that which was approved for the residential development in far southeast Wylie. The agreement will specify the location, land use, and that the PISD is responsible for the entire cost of the installation of sewer, including any necessary off-site improvements. Ms. Manson went on to explain that a representative was present from the PISD to answer any questions council may have. Ms.Manson stated that she had also been in contact with WISD pertaining to this issue and WISD had mentioned that they were looking at land in the same area that WISD may consider in the future. She went on to explain that the extension of the sewer line may be beneficial to both PISD and WISD in the future. She stated that boundary issues could be addressed during the negotiations as well. Council Discussion Mayor Mondy stated that he had reservations pertaining to providing services in outlying cities, especially when some road issues in the area have not been addressed. Ms.Manson stated that the City of Parker was aware of the request by PISD for the sewer extension and there was no concern stated by Parker. The portion of McCreary,the area in question,will be addressed through a County Bond Project and will be widened in the future. This is not an immediate construction and will be down the road two to three years. She explained that she had spoken to representatives about boundary clarification along with the negotiations for the sewer line. Mayor Mondy asked Ms. Manson if approving the negotiation to proceed would weaken the negotiating position for WISD on the boundary issues. City Manager Roath stated that it would be appropriate to give staff authority to move forward with the negotiations and address jurisdiction issues at the same time. He explained that ultimately whatever negotiations came out of the discussions would come back to Council for final approval. Councilman Young stated that there was an issue a few years back pertaining to PISD and the DeFrain Property where the property was split into sections. Councilman Young stated that the PISD was not very cooperative dealing with that issue. Representative Discussion Mr. Bruce Larson, Director of Facility Planning and Construction for the Plano Independent School District addressed Council stating that PISD was looking down the line at property for future school sights. He stated that PISD had just passed a Bond Program which is a four year program which does not address this property. PISD was in hopes that a path of discussion could open to address this future issue. Council asked about the capacity this sewer extension would take. City Engineer Holsted stated that it would not require a lot of capacity. Mayor Pro Tern Hogue asked who would pay for the extension. Mr. Hoisted stated that PISD would. Mayor Mondy asked if others in Parker could tie on if approved. Ms Manson stated the agreement would restrict the usage to PISD. Ms. Manson commented that a small portion of this area did service children in WISD. Mayor Mondy stated that there were still a large amount of questions by council and asked if it would be prudent to table the item. Ms. Manson stated that PISD needed some type of assurance that Wylie was agreeable to at least moving forward to negotiations. Mr. Roath stated that WISD had mentioned that they were also interested in the purchase of land in the area, thus, a sewer line might benefit both school districts. Councilman Newsom said if through the negotiations, Wylie was not able to reach an agreement with PISD, would passing the resolution give PISD false hope. Council Action A motion was made by Councilman Trout, seconded by Mayor Mondy to approve the Resolution authorizing the City Manager to enter into negotiations with Plano Independent School District for provision of sewer services to a 14 acre tract of land in the City of Parker subject to final approval by City Council. A vote was taken and failed for lack of a majority vote with Mayor Mondy, Minutes—December 14,2004 Wylie City Council Page 5 5. Consider and act upon a request to waive the alley requirement of the Birmingham Ranch Subdivision Regulations. (C. Thompson,Planning&Zoning Director) Staff Discussion Planning Director Thompson addressed Council stating that the subject property is zoned SF-10, and the Preliminary Plat creates 53 lots all exceeding 10,000 square feet. He explained that alleys serve limited functions on such larger lots, as all functions(vehicular access, drainage, and utilities)are accommodated by other methods. Abutting existing development does not have alleys and undeveloped property will not likely have alleys either. Mr. Thompson commented that the elimination of alleys increases the number of lots and property tax revenue to the City and eliminates costs to City for the maintenance of alleys. On November 9, 2004, the City Council denied a request to waive the alley requirement on this property. The applicant was absent at the November meeting and asked for this item to be placed on the agenda again. Council Discussion Mayor Mondy asked City Manager Roath why it was a favorable idea to waive alleys in this request. Mr. Roath stated that the lots were over 10,000 sq. feet and it would allow for additional housing and tax revenue for the City. He stated that the alleys are a cost to the City for maintenance and would be less expensive to the City to waive alleys. Mr. Roath also commented that crime studies showed that crime rates were higher in areas with alleys. Councilman Trout stated that the aesthetic value of having the alleys outweighed the cost. Council Action A motion was made by Councilman Trout seconded by Mayor Pro Tem Hogue to deny the request to waive the alley requirement for Birmingham Ranch Subdivision. A vote was taken and passed 4-2 with Councilman Newsom, Councilman Trout, Mayor Pro Tem Hogue, and Mayor Mondy voting for and Councilwoman Allen and Councilman Young voting against. Public Hearing/Individual Consideration 6. Conduct a Public Hearing and act upon the adoption of an Ordinance Abandoning a Portion of the Cul-de-Sac located on Cooper Drive, Containing 0.072 acre, more or less, situated in the S.B. Shelby Survey, Abstract No. 820 and being a portion of Cooper Drive Right-of-Way as Dedicated to the City of Wylie According to the Nat of Wylie Industrial Park, Block A, an Addition to the City of Wylie, Recorded in Volume 8, Page 55 of the Map Records of Collin County, Texas. (S. Satterwhite, WEDC Director) Mayor Mondy recused himself from this item, filing a Conflict of Interest Affidavit. Mayor Pro Tern Hogue presided during the discussion and action of Item#6. Staff Comments WEDC Director Mr. Satterwhite addressed Council stating that the Wylie Economic Development Corporation (WEDC) purchased a 5.03 acre tract of land on State Highway 78 in 1999 from Extruders division of Atrium Companies, Inc. Since that time, the WEDC has removed a 105,000 square foot extrusion plant from the site, taken steps to ensure the environmental quality of the site, contracted with The Staubach Company to market the site for retail and commercial development, and purchased 0.69 acres of excess right-of-way from Collin County. The WEDC is currently under contract with Shafer Properties and The Cirrus Group to develop the site with a mixed use of office and retail development. As per the contract with Shafer, the WEDC must commit funds Minutes—December 14,2004 Wylie City Council Page 6 through an escrow agreement and construct the extension of Cooper Drive from the point at which the existing cul- de-sac dead ends to the existing entrance on State Highway 78. Regardless of the outcome of the contract with Shafer, the WEDC is constructing the extension as it directly impacts the contract with Cirrus and the overall development of the site. Mr. Satterwhite explained that Chapter 311.007 of the Texas Transportation Code allows for a Home-Rule Municipality to abandon a street(or a portion thereof). Following formal approval of the abandonment ordinance (Exhibit"G"), ownership of each parcel will automatically revert to the adjacent property owners. Mr. Satterwhite stated that he would be happy to address any questions from Council and added that the President of WEDC and two of its board members were present to answer questions as well. Council Discussion Councilman Trout asked Mr. Satterwhite if by abandoning the property the City was giving the property to the adjacent property owners. Mr. Satterwhite replied that he believed that if the property was abandoned it would go to the adjacent property owners. Councilwoman Allen asked about the utility easements. Mr. Satterwhite explained that if they are in that portion of the right-of way, WEDC would be taking those utilities and extending them along the Cooper Drive extension to serve the future development of the 5 acres located there. Councilman Trout asked what the difference would be between abandoning it and maintaining it as an easement. Mr. Satterwhite stated that there would be no difference other than cleaning the area up. City Engineer Mr. Hoisted explained that this was excess right-of-way and was not needed by the City for any purpose. Public Hearing Mayor Pro Tern Hogue opened the Public Hearing at 6:45 pm. With no one present to address council,Mayor Pro Tern Hogue closed the Public Hearing at 6:45 p.m. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance #2004-40 abandoning a portion of the Cul-de-Sac located on Cooper Drive, containing 0.072 acres, more or less, situated in the S.B. Shelby Survey, Abstract No. 820 and being a portion of Cooper Drive Right- of-Way as dedicated to the City of Wylie. A vote was taken and passed 4-1 with Mayor Pro Tern Hogue, Councilman Young, Councilman Newsom, and Councilwoman Allen voting for and Councilman Trout voting against with Mayor Mondy abstaining. Councilman Worley was absent. Public Hearings 7. Hold a Public Hearing and act upon a change of zoning from Agriculture (A) to Planned Development District (PD) for neighborhood retail and single-family residential uses of varied densities. (PD at Brown & Kreymer- Zoning Case No. 2004-14). (C Thompson, Planning & Zoning Director) Mayor Mondy announced that Zoning Case #2004-14 had been withdrawn with a letter from the applicant(D. R. Horton) on file. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to accept the withdrawal by the applicant. (D. R. Horton). A vote was taken and passed 6-0 with Councilman Worley absent. Minutes—December 14,2004 Wylie City Council Page 7 8. Hold a Public Hearing and act upon a change of zoning from Single Family Residential-8.5 (SF-8.5/17)to Multi-Family (MF)Residential. (Parker Apartments-Zoning Case No. 2004-21) (C Thompson, Planning&Zoning Director) Staff Comments Planning & Zoning Director Claude Thompson addressed Council stating that the existing deteriorated & uninhabitable Woodlands Apartments (currently 12 units) are to be demolished and redeveloped. The subject property is located at the dead-end intersection of Cotton Belt and Fleming. The railroad corridor abuts on the south, and existing Rustic Oaks apartments abut to the west. It is uncertain whether the site remains platted in several lots or has been replatted into a single lot, and will require replatting to convert to a single lot in order to accommodate apartments. Mr. Thompson reported that 35 Public Notification/Comment forms were mailed with 6 returned(1 favoring and 4 opposing and 1 unconfirmed)which represents 26%opposing within the legal area. Any opposing notifications that represent 20%or more of the legal area(200 feet)will require a super majority of Council (6 affirmative votes)to approve. Planning and Zoning Commission voted 5—0 to recommend approval on November 16, 2004. Council Discussion Councilwoman Allen commented that she thought that the one vote per property owner (within 200 feet of the proposed zoning change)was the legal requirement for zoning cases. Mr. Thompson stated that the law was clear that it was the owners representing the area of land within the 200 foot requirement by percentage. Councilwoman Allen then asked if the applicant could go in and remodel without approval. Mr. Thompson stated that it would require approval and replatting. Public Hearing Mayor Mondy opened the Public Hearing on Zoning Case#2004-21 at 6:55 p.m. asking anyone wishing to address Council on this issue to come forward and limit their comments to 3 minutes. With no one present to address council,Mayor Mondy closed the Public Hearing at 6:55 p.m. Mayor Mondy reminded Council that due to the public responses of property owners within 200 feet of the Zoning case,a Super Majority Vote of 6 would be required to pass. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance #2004-41 changing zoning from Single Family Residential- 8.5 to Multi-Family Residential (Parker Apartments). A vote was taken and passed 6-0 with Councilman Worley absent. Mayor Mondy recessed the meeting at 6:56 p.m. Mayor Mondy reconvened the meeting at 7:01 p.m. 9. Hold a Public Hearing and act upon a change of zoning from Agriculture (A) to Planned Development District (PD) for single-family residential uses. (Brand Tract-Zoning Case No. 2004-22) (C Thompson,Planning&Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the property totals 100 acres, 40% of which is occupied by the floodplain of Muddy Creek (including the Muddy Creek reservoir) and therefore is not Minutes—December 14,2004 Wylie City Council Page 8 developable for urban uses. Lakefield Drive(65 ft.wide collector)currently terminates at the western property line and must be extended thru the property to connect with Country Club Road. The southern boundary is the DART/KCS railroad corridor. The Lakefield Estates subdivision (PD 1999-18) abuts to the southwest, allowing lots as small as 6,000 sq. ft. (although lots abutting directly to the subject property exceed 7,700 sq. ft.). Wooded Creek(PD 2002-02)is developing along the northwest boundary with a minimum lot size of 7,200 sq.ft. (although abutting lots exceed 8,600 sq.ft.).Mr.Thompson reported that 89 Public Notification/Comment forms were mailed with 12 returned(3 favoring and 9 opposing). Simple majority is required for approval. The Planning and Zoning Commission voted 5-0 to recommend approval with stipulations on November 16,2004. Applicant Comments Mr. Steve Sallman representing S. C. Parsons, Inc. addressed council stating the developer has come back to Council with some of the highest minimum home sizes in the overall PD Districts. These minimums include: 50% being a minimum of 2,100 sq. ft., 35%being a minimum of 2,200 square feet, and 15%being a minimum of 2,500 sq. ft. Adjacent properties will have the larger lots. Lot sizes proposed would be 50%would include; 7,200 sq ft. or larger and 50% in excess of 8,500 sq. ft. of this 15% would be a minimum of 10,000 sq. ft. This proposed development will include 43 acres of parkland and will be adjacent to the land the City is in negotiations to purchase (the Wells Tract).He stated that the trails would connect to any future trails built by the City and if those trails were not in place by the time the development was complete,the money would be put in escrow to complete these trails at a later date. This will be a significant addition to the park plan the City has proposed. Mr. Sallman added that some of the front drives had been eliminated.He stated that from the last meeting with Council the total lots proposed had gone from 250 down to 200. Goodman Family Builders has committed to this development for their Diamond line of homes. Builder Comments Mr. Mark Brown, representing Goodman Homes, 5901 Hempstead,Plano Texas, addressed Council stating that he had presented to Council samples of the homes that would be built in this proposed neighborhood and would range at approximately $200,000. Mayor Mondy asked Mr. Brown what the Diamond Series was in comparison to their other homes. Mr. Brown stated that this was their mid range homes in their product line. He explained that these homes range in size from 1,700 sq. ft. to 3,500 sq. ft. Mayor Mondy asked how the builder would address trees in the area. Mr. Steve Parsons, representing S. C. Parsons, Inc. addressed Council stating that the trees would be retained except where lots and amenities would be placed. Public Hearing Mayor Mondy opened the Public Hearing at 7:15 p.m. asking anyone present to address council on this issue to come forward state their name and address and limit their comments to three minutes. Mr.Joe Murphy residing at 1704 Lincoln Drive,Wylie,Texas(Residential Estates)addressed Council stating that he felt this was a better proposal than the previous proposal but felt the square footage should be raised to 2,500 sq. ft. minimums. He also was concerned about property values declining in the area and the traffic increase there will be with the 200 additional homes. He stated that the Muddy Creek Reservoir was of a concern as well. Mayor Mondy closed the Public Hearing at 7:20 p.m. Council Discussion Pro Tem Hogue commented that he would like to see larger homes in the PD. Council asked City Engineer Hoisted how long it would take to complete the improvements to Hwy. 1378 to allow for better traffic flow. Mr. Hoisted stated that the construction by TxDOT starting at Hwy. 1378 and Brown was due to start in one year. Completion was estimated at 12 to 18 months. Mayor Mondy asked if some additions could be made to the PD Conditions. Those additions included: minimum size homes starting at 2,400 sq. ft.; having an arborist survey the trees and mark all trees over 6 inches or larger tagged and saved; rain free sensors on all sprinklers; duel water meters for Minutes—December 14,2004 Wylie City Council Page 9 all irrigation/residential lots, and energy star appliances in all proposed Goodman homes. Mr. Brown commented that Goodman was an energy star approved builder. Mr. Sallman commented that it would be very costly for homeowners to purchase duel water meters. Mr. Sallman asked for a moment to discuss the larger minimums. Mayor Mondy asked Mr. Sallman and Mr. Brown to discuss this and reply to Council. Mr. Sallman reported to Council that S. C.Parsons, Inc and Goodman could not commit to an overall minimum of 2,400 sq. ft. Councilman Newsom asked Mr. Sallman if Parsons could commit to 50% of the homes in this proposed PD to be a minimum of 2,500 sq. ft., 35%being a minimum of 2,300 sq. ft., and 15%being a minimum of 2,200 sq.ft. Mr. Sallman concluded that he could meet these proposed requirements. Council Action A motion was made by Councilman Newsom, seconded by Councilman Trout to approve Ordinance #2004-42 (Zoning Case #2004-22) with stipulations requiring 50% of the homes to be constructed at a minimum size of 2,500 sq. ft., 35%be a minimum of 2,300 sq. ft. and 15% be at a minimum of 2,200 sq. ft., and a Certified Arborist shall produce the Tree Management Plan required by the Zoning Ordinance at time of platting, and shall supervise the preservation of protected trees during development of the subdivision. A vote was taken and passed 5-1 with Mayor Mondy, Councilwoman Allen, Councilman Trout, Councilman Young and Councilman Newsom voting for and Mayor Pro Tern Hogue voting against. Councilman Worley was absent. 10. Hold a Public Hearing and act upon a change of zoning from Community Retail (CR) District to Planned Development (PD) District for mixed retail and light industrial uses. (Greenway- Carlisle Tract-Zoning Case No. 2004-23) (C. Thompson,Planning&Zoning Director) Staff Comments Planning and Zoning Director Thompson stated that the property has never been platted and will require platting prior to initiation of development. The platting eliminates all vested rights to previous code regulations and requires full compliance with current regulations.It is proposed to reconfigure the current 3 tracts into 2 tracts- Tract A is 3.53 ac. along north/544 frontage, and is to comply fully with Community Retail regulations except to allow drive-thru for banks and restaurants without SUP. Tract B is 4.62 ac. to south/railroad, and is to comply fully with the regulations for Industrial except to allow CR uses as well as distribution, light assembly and storage. Mr. Thompson reported that 20 Public Notification/Comment forms had been mailed with 3 returned (2 favoring and 1 opposing). He explained that this case will require a simple majority to approve. Planning and Zoning Commission voted 5-0 to recommend approval with stipulations(noted in the PD)on November 16,2004. Applicant Comments Mark Hardaway representing Greenway Investments, 2808 Fairmont, Dallas, Texas addressed Council stating that his company had been working on this project for some time. This project is now under contract. Mr. Hardaway presented Council with a site plan showing Council the irregular shape of the lot and the proposed position of the building. Mayor Mondy asked how creative Greenway could be with the facade on the building. Mr. Hardaway stated that Mr. O'Brian(architect for the project)is working on the final elevations and incentive points. The front facade will be final at that time. Mayor Pro Tem Hogue asked why two separate buildings were proposed. Mr. Hardaway stated that because of the layout of the property, two buildings were needed. Mayor Mondy stated that this location was paramount and Council must have a beautiful design when presented to P&Z and Council. Mr. Hardaway stated he was aware of this and would bring back a nice design. Public Hearing Mayor Mondy opened the Public Hearing on Zoning Case#2004-23 at 7:43 p.m. asking anyone present to address Council on this issue to come forward state their name and address and limit their comments to three minutes. Minutes—December 14,2004 Wylie City Council Page 10 Mr. Jim Griffin residing at 2302 Foothill Road, McKinney, Texas addressed Council stating that he frequented Wylie very often and had concerns about this area of town. He stated that he felt it was a great opportunity to add the old town façade to this area and was very much in favor of the project. Mr. Sam Satterwhite, WEDC Director addressed council stating that from an economic point of view that WEDC supports the continued use of the distribution facility in the rear. Dealing with our own 5 acre site which is a deep site, tailored for retail, I agree with their comments. When a City is looking at redevelopment and the ultimate goal is to redevelop, I think that you automatically have to assume that the property could stay as is indefinitely because when you grant that zoning, then you allow that use to continue indefinitely. Therefore, I would like to see the Council pay attention to what Greenway and/or future owners propose to do with the facility in regards to the base,parking lot and exterior. He stated that he believed with the building in the front, some of these concerns would be taken care of. Mayor Mondy asked Mr. Satterwhite how he thought those issues would be best addressed by Council. Mr. Satterwhite stated most were built in the agreement between Greenway and Sanden regarding the application for a Certificate of Occupancy but will need the support of Council and Staff at that time. Mayor Mondy asked Mr. Roath to compile a letter to that effect. Mr. Roath replied that a letter had already gone out to Sanden addressing concerns pertaining to the future request for a Certificate of Occupancy on this property. Mayor Mondy closed the Public Hearing at 7:50 p.m. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Ordinance #2004-43 (Zoning Case#2004-23). A vote was taken and passed 6-0 with Councilman Worley absent. 11. Hold a public hearing and act upon a change in zoning from Agriculture (A) and Neighborhood Services (NS) to Planned Development District (PD) for residential uses of varied densities. (Rice Tract-Zoning Case No. 2004-25) (C. Thompson, Planning & Zoning Director) Staff Comments Planning & Zoning Director Thompson addressed Council stating that the property was annexed September 28, 2004. This property is currently on Wylie sewer and East fork water. Mr. Thompson reported that Notification/Comment forms had been mailed out with no written responses. This item will require a simple majority to approve.Mr. Thompson explained some of the proposed changes. Comprehensive Plan— • Recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential (lac lots). Request does not comply with Comp Plan. • Eliminates 0.4 ac NS(zoned such since 1985),complying with proposed revisions to Comp Plan. Mr. Thompson reported that Planning and Zoning Commission voted 4—2 to recommend approval on December 7,2004,with some stipulations,which have been incorporated into the exhibits to the proposed ordinance and conditions of the P.D. Mr. Thompson reiterated that this approval by P&Z came with stipulations which are described in Exhibit A and Exhibit B of the proposed ordinance. One exception is Item X in Exhibit B;in the transition areas the applicant has agreed to transition large lots with large houses to the south area around the triangle and to the north of the property. The paragraph (X), line 7 should read: shall (1)rather than, shall either(1) and line 10 should read size of 2,400 sf. and,rather than,2,000 sf. or. Applicant Comments Mr. Ryan Betz representing Skorburg, Co. addressed council stating that some of the changes made prior to this meeting are: larger lots as discussed by Mr. Thompson,no connections being made to the Twin Creeks subdivision, labeled thirty foot buffer on the north edge next to the Pullium property with 12,000 sq. ft. minimums adjacent to Minutes—December 14,2004 Wylie City Council Page 11 the Pullium Property, labeled the school site and the first amenity center and proposed area for the second amenity center, displayed the berm detail as well as the area along 544 that will also have a berm, and detailed the entry way to the development. Mr. Betz asked the Mayor and Council to consider the same requirements pertaining to the 50%, 35%, and 15% home sizes that were approved in the previous Zoning Case #2004-22. Mr. Betz commented that this would be very workable for the Skorburg Company as well. Mr. Betz stated that he had brought a 2,400 sq ft minimum home size to P & Z. Councilman Newsom stated that the mix brought in the previous zoning case would be pertinent to that case and would not necessarily be effective for this proposal. Paul Taylor homes,according to Mr.Betz was still interested in this development but had not signed on. Mr.Betz asked for one exception pertaining to three car garages. He requested if three car garages were constructed, could one garage face the street with a planked cedar door. The other two would have the regular garage doors. Mr. Betz stated that homes would be greater or at least 10,000 sq. ft. or 8,500 sq. ft. minimums and house size would be a minimum of 2,400 sq.ft. Mr.Betz asked Council to consider this proposal. Council Discussion Mayor Mondy stated that there were areas where there currently existed, $400,000. home values on twenty to thirty acres of land. He stated that he would feel better if proposed abutting lots were 15,000 to 20,000 sq. ft. He also commented that the 8,500 sq. ft. minimum lots needed to be increased because he felt they were too small and the market was changing upward. Mr. Betz stated he would rather propose the thirty foot buffers be added to those properties with trees planted on the property and when you calculate the buffer in with the property, it calculates in excess of 3,000 sq ft. and will take those lots to 15,000 and enhances Mr. Pullium's property by adding the cedars and maintenance by the HOA rather than fences. Public Hearing Mayor Mondy opened the Public Hearing on Zoning Case#2004-25 at 8:15 p.m. asking anyone present to address council on this issue to come forward state their name and address and limit their comments to three minutes. Nancy Hansen residing at 806 Meadow Drive, Wylie ETJ addressed Council stating that she felt the 10,000 and 8.500 lot sizes had very small side yards. She suggested the lot sizes be larger. Bob Skipwith residing at 1450 Elm Drive, Wylie, Texas addressed Council stating that he felt the developer had made an enormous amount of concessions but felt that a buffer could be added to the property adjacent to his residence as they did with the Pullium property. Mayor Mondy asked if he had advised Skorburg about this issue. Mr. Skipwith replied that he had not. He went on to comment that with the concessions made he could live with this proposal. Mayor Mondy closed the Public Hearing at 8:20 p.m. Council Discussion Mayor Pro Tem Hogue stated that he would like to see a minimum of 10,000 sq.ft. lots. He also commented that he was not in favor of two types of garage doors. He desired a quality house which would include uniform building. Mayor Mondy commented that he would like to see house size at a minimum of 2,700 sq. ft. Mr. Betz stated that when he was before Council previously, the message he received was to come back with a minimum house size of 2,400 which he has. He stated that he had matched every concern that he had heard from P&Z and Council. Mayor Mondy stated that was in October and this is December and in the opinion of Council the market has changed. Mayor Mondy stated that if Mr. Betz had agreed to the suggestions presented in October, the zoning case would have been approved. Mayor Mondy asked Council to give Mr.Betz some direction for approval. Mr. Skorburg, representing Skorburg, Co. addressed Council stating that they had spent nine months working on this project and felt the proposal was good for Wylie and was extremely aggressive. He also stated that he felt this project will be upscale and a development Wylie will be very proud of. Councilman Trout agreed with Mayor Pro Tem Hogue and desired to see 10,000 sq. ft. minimum lots. Minutes—December 14,2004 Wylie City Council Page 12 After some further discussion, Mr. Betz presented a written request to withdraw Zoning Case #2004-25. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to accept the withdrawal by the applicant (Skorburg Co.-Zoning Case #2004-25). A vote was taken and passed 6-0 with Councilman Worley absent. Announcement Mayor Mondy announced that City Secretary, Carole Ehrlich had received her designation as Certified Municipal Clerk (CMC) through the International Institute of Municipal Clerks. He stated that only 1%of city secretaries nationally and internationally had received this designation. Mayor Mondy and Council congratulated Ms.Ehrlich on this designation. City Secretary Carole Ehrlich read the Ordinance captions to Ordinances: 2004-38, 2004-39, 2004-40, 2004-41, 2004-42, and 2004-43 approved by Council into the official record. Mayor Mondy convened into Executive Session at 8:45 p.m. Recess into Closed Session in compliance with Section 551.001, et.seq, Texas Government Code, to wit: Section 551.072. To deliberate the purchase, exchange, lease or value of real property generally located in the vicinity of: • Jackson and State Highway 78. Mayor Mondy reconvened into Open Session at 8:50 p.m. RECQNE INTO OPEN M ETI• Take any action as a result of the Executive Session. No action was taken as a result of the Executive Session. Mayor Mondy opened the Work Session at 8:55 p.m. WORK SESSION • To Discuss a Tax Abatement to be Considered for Sanden International (U.S.A.), Inc. (S. Satterwhite, WEDC Director) Minutes—December 14,2004 Wylie City Council Page 13 City Council discussed a proposal for future tax abatement for an expansion at Sanden International (U.S.A., Inc.). Direction from Council was for staff to move forward with documentation to present to Council at a later date for tax abatement for the expansion at Sanden. Council also asked staff to compose a letter, for the Mayor's signature, in support of Sanden regarding their expansion project. .I JOUR11i�i ENT . With no further business before Council, Councilman Newsom made a motion to adjourn at 9:00 p.m., seconded by Mayor Pro Tern Hogue. A vote was taken and passed 6-0 with Councilman Worley absent John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—December 14,2004 Wylie City Council Page 14 MINUTES Special Called Meeting/Work Session Wylie City Council Tuesday, December 16, 2004 — 4:00 p.m. Wylie Municipal Complex— Council Chambers/Work Session Room 2000 State Highway 78 North AFL T+(119R0ER . Mayor John Mondy called the meeting to order at 4:14 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilman Chris Trout, and Councilman Merrill Young. Councilwoman Reta Allen, Councilman J. C. Worley and Councilman Earl Newsom were absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; Interim Finance Director, Ron Hutchison; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. Eli . SSIC]►N.. • Water/Sewer Rate Study Update (R. Hutchison, Interim Finance Director) Bob McLain, Rate Consultant, for Maximus, Inc., presented the final findings of the Water and Sewer Rate Study. The presentation up-dated the City Council on alternative water conservation rates and proposed water/sewer rate increases. Mr. McLain commented that at this time, unless the City Council chooses to implement water conservation rates, no rate increases are proposed in water rates. He explained that it was his recommendation that the City continue to pass on increases received from the North Texas Municipal Water District on a yearly basis as may be required. A sewer rate adjustment is required by October, 2005. Several options were presented to the City Council that will be addressed during the budget preparation for FY 2006 regarding rate increases. Increases in sewer rates, he explained, are the direct result of the construction of the Muddy Creek Wastewater Treatment Plant and a proposed expansion in FY 2007. A Jt IlRt \I t+ T With no further business before Council,the Mayor adjourned the meeting at 5:20 p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—December 16,2004 Wylie City Council Page 1 CITY OF WYLIE =tOa. B. ry's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 11, 2005 Other: Department: City Secretary Prepared By: Carole Ehrlich Date Prepared: December 28, 2004 Exhibits: Resolution#2005-01(R) AGENDA SUBJECT: Consider and act upon approval of Resolution #2005-01(R) of the City Council of the City of Wylie, Texas, establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. RECOMMENDED ACTION: Approval SUMMARY: There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. First, the publication must be a "newspaper" as defined by Section 2051.044, Texas Government Code. The section defines the term "newspaper" as: ...any newspaper devoting not less than 25% of its total column lineage to the carrying of items of general interest published not less frequently than once each week, entered as second class postal matter in the county where published and having been published regularly and continuously not less than twelve (12) months prior to the making of any publication... The second issue to consider is whether a particular publication is a newspaper of general circulation. The following area newspapers have been surveyed as to their circulation, times of publication, and advertising costs for public notifications. APPROVED BY: Initial Date Department Director: CE \ 12-28-04 City Manager: MO/2 I-7 O.1 AGENDA SUBJECT: Consider and act upon approval of Resolution #2005-01(R) of the City Council of the City of Wylie, Texas, establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. SUMMARY: (Continued) Newspaper Publication Advertising Approx. No. Dates Costs Subscribers Wylie News Every Wednesday $ 2.03 per line 4,950 Plano Star Courier Wed - Sun $ 13.70 per col. inch 6,039* Wed-Sun McKinney Courier Sun -Friday $ .20 cents per word 6,510* McKinney Messenger Every Thursday $ 11.10 per col. inch 10,000* Allen American Thurs& Sun $ 10.50 per col inch 6,850* Garland News Thurs & Sun $ 3.56 per line 10,000* published on Thurs&Sunday only Dallas Morning News Daily $ 37.40 col inch Tues-Thur 73,559* $ 44 50 col inch Fri - Sat 87,587* $ 50.00 Sunday Rate 98,051* The City of Wylie Home Rule Charter states in Article 11, Section 2 "The City Council shall declare an official newspaper of general circulation in the city. All ordinances, captions of ordinances, notices and other matters required to be published by this charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper." The Wylie News meets the criteria for an official publication as provided by the statute. The Wylie News was the official publication for the City in 2004. Financial Summary: Our total expenditure for advertising costs for fiscal year 2004 was approximately $35,572.82, which included Wylie News expenditures of$28,653.45. RESOLUTION NO. 2005-01 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE WHEREAS, Section 52.004, Local Government Code, requires the City Council of the City of Wylie, Texas ("City Council") to determine, by ordinance or resolution, a public newspaper to be the official newspaper for the City of Wylie,Texas ("Wylie"); and WHEREAS,the City Council finds that the Wylie News is a public newspaper of general circulation. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City Council of the City of Wylie, Texas hereby determines and establishes the Wylie News as the official newspaper for Wylie until the time that another selection is made by the City Council. SECTION 2: That this resolution shall take effective immediately upon its passage. DULY RESOLVED by the City Council of the City of Wylie, Texas, and this the 11th day of January 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary CITY OF WYLIE Item No. C. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 11, 2005 Other: Department: Public Services Prepared By: Michael Sferra Date Prepared: December 8, 2004 Engineering Services Agreement Exhibits: Resolution AGENDA SUBJECT: Consider and act upon a resolution authorizing the City Manager to execute a contract with Birkhoff, Hendricks & Conway, L.L.P. for an amount not to exceed $10,800 for Engineering Services for design and construction of two pedestrian bridges in Sage Creek North Park and authorizing the use of funds in the West Zone of the Park Acquisition and Improvement Fund for construction of the project. RECOMMENDED ACTION: Approval. SUMMARY: The FY04-05 budget for the Park Department included funding for the installation of two pedestrian bridges in Sage Creek North Park located on Riverway Lane. The proposed bridges will be constructed in or near the 100 year flood plain, and professional engineering services are required to properly locate and design the bridge supports and to perform related services. The easternmost bridge will be the longer of the two proposed spans, and it will connect the existing park to a hike and bike trail system currently underway in the Sage Creek Phase VIII subdivision. The westernmost span will be shorter and parallel to Riverway Land and cross an existing drainage channel. The engineering proposal is for the design of two bridge crossings and anticipates an engineering cost of$10,800 and a construction cost of approximately $95,000. This amount exceeds the amount budgeted in the FY04-05 Park Department Budget by approximately $55,000. However, additional funds will soon become available in the West Zone of the Park Acquisition and Improvement Fund. The current unbudgeted fund balance in this zone as of December 8, 2004 is approximately $10,000; however, it is anticipated that additional revenues in the amount of$66,000 will be received into this account in approximately four months. The additional revenue is comprised of the parkland dedication fee associated with the development of the Country Ridge Phase II development. Staff anticipates that approximately $55,000 from the West Zone Park Acquisition and Improvement fund will be needed to complete the project. If approved by Council, the design phase services of the project can begin immediately, and to ensure fiscal integrity, the bidding phase portion of the project can be postponed until receipt of the $66,000 in revenues. APPROVED BY: Initial Date Department Director: MS \ 01/05/05 City Manager: MA.1 \ I-9.-QS- AGENDA SUBJECT: Consider and act upon a resolution authorizing the City Manager to execute a contract with Birkhoff, Hendricks & Conway, L.L.P. for an amount not to exceed $10,800 for Engineering Services for design and construction of two pedestrian bridges in Sage Creek North Park and authorizing the use of funds in the West Zone of the Park Acquisition and Improvement Fund for construction of the project. SUMMARY: An alternative to the above is to authorize the design of the entire project, and install the shorter of the two spans with the available funds already budgeted. Construction of the longer structure can be submitted as a request in the FY05-06 budget process. It is beneficial to construct both structures at the same time to avoid re-bidding and re- mobilization expenses, to allow the contractor easy access to both sides of the site for installation of the easternmost span, and to allow for timely completion of the park. RESOLUTION NO. 2005-02(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING (1) THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A CONTRACT IN AN AMOUNT NOT TO EXCEED $10,800.00 WITH BIRKHOFF, HENDRICKS & CONWAY, L.L.P. FOR ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION OF TWO PEDESTRIAN BRIDGES IN SAGE CREEK NORTH PARK, LOCATED IN THE SAGE CREEK SUBDIVISION, WYLIE, TEXAS AND (2) APPROPRIATION OF FUNDS FROM THE WEST ZONE OF THE PARK ACQUISITION AND IMPROVEMENT FUND FOR CONSTRUCTION OF THIS PROJECT. WHEREAS, the City of Wylie desires the inclusion of two pedestrian bridges in the Sage Creek North Park, located in the Sage Creek Subdivison; and WHEREAS, the City desires to engage the services of Birkhoff, Hendricks & Conway, L.L.P. to prepare construction plans and specifications, and to provide construction administration services for said pedestrian bridges; and WHEREAS, the City desires to appropriate funds from the West Zone of the Park Acquisition and Improvement Fund for the construction of this project. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to (1) execute, on behalf of the City Council of the City of Wylie, Texas an agreement in an amount not to exceed $10,800.00 between the City of Wylie, Texas, and Birkhoff, Hendricks & Conway, L.L.P for engineering services for the design and construction of two pedestrian bridges in Sage Creek North Park, located in the Sage Creek Subdivision, Wylie, Texas and (2) appropriate funds from the West Zone of the Park Acquisition and Improvement Funds for construction of this project. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this the 11 t day of January, 2005. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 2005-02(R) Pedestrian Bridges for Sage Creek Park ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Wylie, Texas, hereinafter referred to as "City", and Birkhoff, Hendricks & Conway, L.L.P., hereinafter referred to as "Engineer", to be effective from and after the date as provided herein. WITNESSETH: WHEREAS, the City desires to engage the services of the Engineer to prepare construction plans and specifications and provide construction administration services, hereinafter referred to as "Basic Services", together with certain "Special Services" for two Pedestrian Bridges in the Sage Creek Subdivision, for the City of Wylie, Collin County, Texas, hereinafter referred to as the "Project"; and WHEREAS, the Engineer desires to render such services for the City under the terms and conditions provided herein. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: I. Employment of the Engineer The City hereby agrees to retain the Engineer to perform services in connection with the Project; Engineer agrees to perform such services in accordance with the terms and conditions of this Agreement. II. Scope of Services The parties agree that Engineer shall perform such services as described in Exhibits "A" and `B", which are attached hereto and thereby made a part of this Agreement. Only services described in Exhibits "A" and `B" shall be considered part of this Agreement. The Engineer shall not be responsible for additional work to obtain the infoiivation to be supplied by the City as described in Exhibit "E". The parties understand and agree that the City may authorize deviations or modifications, in the form of written changes from time to time. Pedestrian Bridge(Engineering Services Agreement) Page 1 of 13 (12/10/04) I.\6160 contract development\wylie\pedestrian bridge\agreement.doc III. Schedule of Work The Engineer agrees to commence services immediately upon execution of this Agreement, and to proceed diligently with said service to completion. The Project Completion Schedule is attached as Exhibit"C". IV. Compensation and Method of Payment The parties agree that Engineer shall be compensated for all services provided pursuant to this Agreement in the amount and manner described and set forth in the Payment Schedule attached hereto as Exhibit "D" and thereby made a part of this Agreement. Engineer further agrees to prepare and present such monthly progress reports and itemized statements as are described in said Exhibit "D". City agrees to pay invoices upon receipt. V. Information to be Provided by the City The City agrees to furnish, if available, prior to commencement of services, all the information set forth and described on Exhibit "E", which is attached hereto and thereby made a part of this Agreement. Failure to provide the information may be cause for adjustment under Article II and Article IV of this Agreement. VI. Insurance Engineer agrees to procure and maintain for the duration of the contract Professional Liability Insurance, Worker's Compensation, General Liability and Automobile Insurance. VII. Assignment and Subletting The Engineer agrees that neither this Agreement nor the services to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Engineer further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Engineer from its obligations to the City as provided by this Agreement. Pedestrian Bridge(Engineering Services Agreement) Page 2 of 13 VIII. Audits and Records The Engineer agrees that at any time during normal business hours and as often as City may deem necessary, Engineer shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of one year from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. IX. Contract Termination The parties agree that City or the Engineer shall have the right to terminate this Agreement without cause upon thirty (30) days written notice to the other. In the event of such termination without cause, Engineer shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports photographs or other items prepared by Engineer in connection with this Agreement. Engineer shall be entitled to compensation for any and all services completed to the satisfaction of City in accordance with the provisions of this Agreement prior to termination. X. Engineer's Opinion of Cost The parties recognize and agree that any and all opinions of cost prepared by Engineer in connection with the Project represent the best judgment of Engineer as a design professional familiar with the construction industry, but that the Engineer does not guarantee that any bids solicited or received in connection with the Project will not vary from the Engineer's opinion. XI. Ownership of Documents Original drawings and reports are the property of the Engineer; however, the Project is the property of the City. The City shall be furnished with reproductions of drawings and reports. Upon completion of the services or any earlier termination of this Agreement under Article IX, the Engineer will revise drawings, reports or spreadsheets to reflect the conditions understood prior to termination of contract and provide copies to the City. Additional copies of reports shall be furnished at cost, as an additional service, at any other time requested by City. Pedestrian Bridge(Engineering Services Agreement) Page 3 of 13 I:\6160 contract development\wylie\pedestrian bridge\agreement.doc (1 2/10/04) XII. Complete Contract This Agreement, including the exhibits hereto numbered "A" through "E" constitutes the entire agreement by and between the parties regarding the subject matter hereof. XIII. Mailing of Notices Unless instructed otherwise in writing, Engineer agrees that all notices or communications to City permitted or required under this Agreement shall be addressed to City at the following address: Mr. Mike Sferra Director of Public Services City of Wylie 2000 Highway 78 N. Wylie, Texas 75098 City agrees that all notices or communications to Engineer permitted or required under this Agreement shall be addressed to Engineer at the following address: Joe R. Carter, P.E. Birkhoff, Hendricks& Conway, L.L.P. 7502 Greenville Avenue, #220 Dallas, Texas 75231 Phone: (214) 361-7900 All notices or communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date the sending party posts such notice or communication. XIV. Contract Amendments This Agreement may be amended only by the mutual agreement of the parties expressed in writing. Pedestrian Bridge(Engineering Services Agreement) Page 4 of 13 XV. Effective Date This Agreement shall be effective from and after execution by both parties hereto. WITNESS OUR HANDS AND SEALS on the date indicated below. CITY OF WYLIE, TEXAS BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS By: By: • Joe R. arter, P.E.,Partner Date: Date: �� 2 /c) ,9004. ATTEST: By: Date: Pedestrian Bridge(Engineering Services Agreement) Page 5 of 13 I.\6160 contract development\wylie\pedestrian bridge\agreement.doc (12/10/04) EXHIBIT "A" CITY OF WYLIE PEDESTRIAN BRIDGES IN SAGE CREEK SUBDIVISION SCOPE OF BASIC ENGINEERING SERVICES A. PREPARATION OF PLANS AND SPECIFICATIONS Preparation of plans, specifications and bidding documents for two (2) Pedestrian Bridges in the Sage Creek Subdivision will include the following: 1. Review existing subdivision plans to determine the drainage areas contributing flow to the channels that are to be crossed with the Pedestrian Bridges. 2. Prepare a Site Plan including an area 100 feet wide centered on the proposed crossing sites. a. The Site Plan shall be at a maximum scale of 1"= 20'. b. The Site Plan shall include contours on a two-foot contour interval. c. The Site Plan shall include existing improvements within 50 feet of the crossings. d. The Site Plan shall include all existing trees 6-inches in diameter or larger as of the initial survey within 50 feet of the proposed crossings. 3. Prepare a profile at a horizontal scale of 1" = 20' and a vertical scale of 1" =2'. 4. Prepare cross sections of the proposed Pedestrian Bridge sidewalk approaches for calculation of embankment and excavation quantities. 5. Provide miscellaneous project specific construction details. 6. Prepare project specifications, using the North Central Texas Council of Governments Standard Specifications for Public Works Construction. 7. Revise construction plans and specifications to conform to CITY review comments. 8. Advise the CITY, of any geotechnical, soil, foundation, or other subsurface investigations or any special surveys or special testing which, in the opinion of the ENGINEER, may be Pedestrian Bridge(Engineering Services Agreement) Page 6 of 13 1:\6160 contract development\wylie\pedestrian bridge\agreement.doc (12/10/04) required for the proper execution of the project, and assist the CITY in arranging for the conduct of such investigations and tests. (The performance of these investigations, tests and surveys are not a part of the ENGINEER'S Basic Services and will not be included unless specifically authorized in writing). 9. Complete quantity take-off and prepare detailed opinions of construction cost identifiable with the proposals of authorized construction, which shall include summaries of bid items and quantities on the unit price system of bidding wherever practical. The ENGINEER shall not be required to guarantee the accuracy of these opinions of construction cost. B. BIDDING PHASE 1. Assist the CITY in the advertisement of the project for competitive bids. 2. Distribute the necessary copies of approved Construction Contract Documents needed for competitive bidding (plans, specifications, notice to bidders, proposals, etc.). The approved Construction Contract Documents will be provided to Contractors and Material Suppliers for a non-refundable fee per copy. 3. Assist the CITY in the opening and tabulation of bids for construction of the project and recommend to the CITY as to the proper action on all proposals received. Obtain the following information from the lowest bidder: a) Past work history. b) Physical resources to produce the project. Formulate opinion from information received and provide the City a recommendation for award of the construction contract. 4. Assist the CITY in the preparation of formal Contract Documents for construction and in coordinating their execution by the respective parties. C. CONSTRUCTION PHASE 1. Conduct a Pre-Construction Conference at the CITY facilities including an agenda. 2. Attend a coordination and progress meeting with contractor, quality control personnel and CITY representatives at the City's request. Make a visit to the project site either prior to or immediately after the coordination meeting. Pedestrian Bridge(Engineering Services Agreement) Page 7 of 13 I\6160 contract development wylie\pedestrian bridge\agreement.doc (12/10/04) 3. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders as they pertain to the original scope of work. 4. Review monthly pay requests form prepared by CITY representative. 5. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. The ENGINEER shall not be responsible for any aspects of shop drawing submission that affect or are affected by the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, all of which are the Contractor's responsibility. 6. Accompany the CITY during their final inspection of the project. 7. Revise contract drawings, with the assistance of the Resident Project Representative to reflect available information as to how the work was constructed. Furnish a set of reproducible mylars of these revised drawings to the CITY. D. EXCLUSIONS A) Providing an on-site representative. B) Providing the services of an independent testing laboratory. C) Environmental impact statements and assessments including 404 Permit applications. D) Fees for permits or advertising. E) Certification that work is in accordance with plans and specifications. F) Environmental cleanup. G) Utility replacements. H) Floodplain reclamation plans or detailed flood studies. I) Title searches. J) Trench safety design. K) Quality control and testing services during construction. L) Services in connection with condemnation hearings. M) Contractor safety programs and onsite safety. Pedestrian Bridge(Engineering Services Agreement) Page 8 of 13 I:\6160 contract development\wylie\pedestrian bridge\agreement.doc (12/10/04) EXHIBIT "B" CITY OF WYLIE PEDESTRIAN BRIDGES IN SAGE CREEK SUBDIVISION SCOPE OF ADDITIONAL SERVICES A. FIELD SURVEYS 1) Perform topographic surveys for design and construction layout for the services related to the"Basic Services" as described in Exhibit"A". 2) Perform topographic surveys to obtain cross-section information for a simplified computer hydraulic model to calculate the approximate 100-year water surface elevation at each of the proposed Pedestrian Bridges. B. DETERMINATION OF 100-YEAR WATER SURFACE 1) Develop HEC-2 models for each of the proposed Pedestrian Bridges to determine an approximate 100-year water surface elevation at each location. 2) Prepare a Flood Study Report for the results of the 100-year flood level determination. The Flood Study Report shall include the following: a) A brief explanation of design assumptions used in development of the HEC-2 models. b) A copy of the input/output data and tables generated by the HEC-2 computer model. c) A copy of the cross sections with 100-year water surface elevation for each location. d) A brief summary and recommendation concerning the width of the floodplain and the proposed elevation for each of the two Pedestrian Bridges. Pedestrian Bridge(Engineering Services Agreement) Page 9 of 13 1:\6160 contract development\wylie\pedestrian bridge\agreement.doc (12/10/04) EXHIBIT "C" CITY OF WYLIE PEDESTRIAN BRIDGES IN SAGE CREEK SUBDIVISION COMPLETION SCHEDULE The following schedule for completion of various stages of the design, bidding and construction process for the proposed Pedestrian Bridges is based on the amount of time required by the Engineer does not include the time required by the City for plan review, advertisement for bidding, final inspection and completion of final punch list items. The time required for completion of the construction is based on the Engineer's experience with this type of project and may vary depending on specific job requirements. Submit Preliminary Plans 30 calendar days after Notice to Proceed Complete Final Plans 15 calendar days after receipt of City review Complete Bidding Phase 30 calendar days after project advertisement Contractor Completes Construction 90 calendar days after Notice to Proceed is provided to construction contractor Pedestrian Bridge(Engineering Services Agreement) Page 10 of 13 I\6160 contract development\wylie\pedestrian bridge\agreement.doc (12/10/04) EXHIBIT "D" CITY OF WYLIE PEDESTRIAN BRIDGES IN SAGE CREEK SUBDIVISION PAYMENT SCHEDULE Basic Engineering Services Payment for Basic Services described in Exhibit "A" shall be a lump sum amount of Seven Thousand Four Hundred Dollars ($7,400.00) based on our preliminary opinion of probable construction cost of$95,000 for the two Pedestrian Bridges. Additional Services Payment for Additional Services described in Exhibit `B" shall be based on the hourly fee schedule shown below with the following budget amounts: A. Field Surveys: $1,750.00 B. Determination of 100-Year Water Surface $1,650.00 Total Budget Amount $3,400.00 2005 FEE SCHEDULE Classification/Task Straight Time (Rate) Engineer $140.00 Design Engineer $110.00 Senior CAD Technician $95.00 CAD Draftsman $75.00 Word Processor $75.00 Survey Crew $125.00 Delivery Service $50.00 Undersigned will invoice the City for the value of partially completed services, according to the services accomplished each month on a proportional basis of the overall project and invoice the City for direct expenses so incurred in providing such services multiplied by a factor of 1.15. The maximum overall fee of $10,800.00 established herein shall not be exceeded without written authorization from the City of Wylie, based on increased scope of services. Pedestrian Bridge(Engineering Services Agreement) Page 11 of 13 1-\6160 contract development\wylie\pedestrian bridge\agreement.doc (1 2/10/04) The undertaking of Undersigned to perform professional services under this Agreement extends only to those services specifically described herein. If, upon the request of the City, Undersigned agrees to perform additional services (not described in Exhibit "B", "Additional Services") hereunder, the City shall pay Undersigned for the performance of such additional services an amount (in addition to all other amounts payable under this Agreement) equivalent in hours expended by personnel for additional services multiplied by the then current hourly rates, plus the reimbursable expenses ("Reimbursable Expenses") so incurred by Undersigned in providing such additional services, multiplied by a factor of 1.15. Undersigned agrees to submit a written opinion of probable costs for additional services not described in this Agreement. The City is only liable to pay for said services after agreeing in writing to pay the cost submitted in the opinion. Invoices will be submitted by Undersigned to the City monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. Payments on account for basic services shall be made monthly within thirty (30) days of invoice. All invoices will be accompanied by a report of each phase of work completed. Pedestrian Bridge(Engineering Services Agreement) Page 12 of 13 1.\6160 contract development\wylie\pedestrian bridge\agreement.doc (12/10/04) EXHIBIT "E" CITY OF WYLIE PEDESTRIAN BRIDGES IN SAGE CREEK SUBDIVISION Data and Assistance to be Furnished to Consultant The CITY will provide information regarding objectives and requirements for the Project. The CITY will provide the following information necessary for this Project: 1. All the CITY's plat, easement and construction plans and electronic drawing files related to the Project will be made available. CITY will provide copies of such information at no cost. 2. CITY will provide access to all manholes, cleanouts, water meters and valves and to all CITY right-of-way and easements along the project. 3. The CITY's Utility Operations Department will excavate to locate existing water and sewer lines for horizontal and vertical ties as necessary and requested by the ENGINEER. The ENGINEER will call to schedule a time when the work can be done. 4. CITY will take appropriate steps to notify the residents of any necessary public meetings. 5. CITY will provide both electronic drawings and hard copies of any existing topography maps in the vicinity of the project. 6. CITY will provide and disclose all factors pertinent to the Project including the known or suspected location of underground or buried obstacles. 7. CITY will be responsible for determination of the proper handling of historical monuments, homes, or other structures of importance and for informing the ENGINEER of the disposition of these elements. The CITY agrees to report promptly in writing to the ENGINEER any fault or defect in the ENGINEER's services or non-conformance with the provisions of this agreement. The CITY will designate a single representative to act in its behalf, with respect to the Project, who shall examine plans and specifications submitted by the ENGINEER and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of the ENGINEER's services. Pedestrian Bridge(Engineering Services Agreement) Page 13 of 13 I.\6160 contract development\wylie\pedestrian bridge\agreement.doc (12/10/04) CITY OF WYLIE Item No. D. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 11, 2005 Other: Department: Planning Prepared By: C. Thompson Date Prepared: January 4, 2005 Exhibits: 2 AGENDA SUBJECT: Consider and act upon a Preliminary Plat for the Ambers Cove Addition. RECOMMENDED ACTION: The Planning and Zoning Commission voted on December 21, 2004, 6-0 to recommend approval. SUMMARY: The Preliminary Plat under consideration will create six (6) single-family residential lots, each in excess of 2 acres. The Plat dedicates 25 feet of right-of-way for the existing Troy Road. This property is within unincorporated Collin County and within the Extraterritorial Jurisdiction of the City of Wylie, but cannot be annexed into Wylie due to lack of contiguity. Development will comply with County code and Private Deed Restrictions which closely compliment City of Wylie requirements, and will accommodate connection to the City sewer system when the property is annexed. Water is provided by the Eastfork SUD. Access to properties to the southwest (remnant from original overall ownership) is provided from Troy Road by County-protected Private Road No. 5279, so that the proposed subdivision does not create land-locked parcels. See attached ownership map. APPROVED BY: Initial Date Department Director: CT \ 01/04/05 City Manager: /)/3 \ 1 a a a 1 s1 a 141 is h - i 1 1 li.1 a Lay eel i,:., __ tII till PR ! it it 1 i ,;.-;,,,,,,.. 11,11 II 1 3 __ S#iia fit IS 1 i� #1 1 id gEn 1 s �� = e�1 i it in I c A i E 1 hk 1 i$d PM glib gbh 11 -i gr l III tg . gi " gp�� '� sd ! �a � !s � 0 � 5 � � g '� 1.t 1 0. 11111 1 *� t'iiii . ill is41111! sit g eg g !Ir1iiiIhiiIIi 8 l�¢ i a .s 1jIll ii �� : � �I °1 !tit k til 1 14 1 1 a X 1 i�ii11 1i @=@s# .41 is ' b iI!I; 1j#• tliiit cl' tl s s! ti PI 94 s y Ilsi !a s s g a� g 7 WO 116411 ; 1111 15 11fl 1 1111 14 1k ! . ><� IV gIE :�TO I E .I� 1 I i 1 1 th ll's rl to_ r =ii i i i is Q Z rr.7.�.> r .. .....-id .... - -� — --•sae--- --`---r------ Q_ p 1 B , I�t , di a I q d ii I e Q a I _s g i 1 1 -L-3c I 's ( Ee� al 1 a W II 1 +i3 1 i! i T p...• __-A \ it I I sS I \ i Imo•-•, %\ _ _ .Ir a..w 1 i II i ; 1 � q sus g 111 a g 4L% 1 g.. I I I i !g 1g g ! 1gle � fl c I I I I r T 1 .1 1 ! gs 1 s I , a r i I I I I I jig °4 3 gI.0ig ril# _ a a i I Account Number: 422689 Click on the map to get a zoomable version with more layers. ,. ----------- ,,,....M,/ ! ! isoitiss-tAKEviEw.-1501,s6j)---3,501 -672- ;,.:,c.,:.,)f 4,sik'I 1 1 1%1495 i , i 1 1 I r9 113 1 50%1501 - ' 1 1645 1501654, 53266 , '- --- - --s, ., ., . 1501627 iq ;i . ; , '1 2120137 1501510 Z ! :74 = 1 0 1 1 1501609 : /1501583 , t------------ -y : 1501616 ; .' • - - .. , ii.,41 , ,,"4.,.4 -wooDAlibif-ISD' 324 1529526 ,', i 53 ; i ,'--- '' 1501574 . 4 91 , ': 15°1539 1%1547 150155'S 1501955 1501565 , 152630 , 20 ;961 429395 ' ,muoll 422,570 4226 99 . 1905139 19051..' 1905157 4,4 - - • -.... ,_. --•., ..._ . . • . . , . 2545749 . _____ CITY OF WYLIE Item No. E. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 11, 2005 Special Called Meeting Department: Parks Prepared By: Jim Holcomb Date Prepared: 12/29/04 Exhibits: Bid Specs and Classic Gardens Bid AGENDA SUBJECT: Consider and act upon awarding a contract in the amount of$32,765.00 to Classic Gardens for the installation of trees in Cimarron Estates Park, Sage Creek North Park and Highway 78 median. RECOMMENDED ACTION: Staff recommends awarding a contract in the amount of$32,765.00 to Classic Gardens for the installation of trees in Cimarron Estates Park. Sane Creek North Park and the Hinhwav 78 median. SUMMARY: The 2005 fiscal year budget, as approved by Council, includes funding for the installation of trees in Cimarron Estates Park, Sage Creek North Park and the Highway 78 median. Approximately$44,000.00 has been budgeted for these projects in the General Fund operating budget for the Parks Department and in the Parks Acquisition and Improvement Fund. Staff has solicited competitive sealed bids in accordance with Chapter 252 of the Texas Local Government Code. The following is a breakdown of the tree specifications for each site and a tabulation of the bids submitted to provide and install the container grown trees. Cimarron Estates Park - 10 Live Oaks, 6 Burr Oaks, 10 Sweet Gums, 3 Texas Ash, 3 Austrian Pines, 3 Pecans, 13 Crepe Myrtles, 4 Drake Elms, 3 Chinese Pistachio, 5 Bald Cypress, 1 Magnolia, 1 Ginkgo Biloba Sage Creek North Park=4 Live Oaks, 4 Chinese Pistachio, 4 Bald Cypress, 4 Savannah Holly Highway 78 Median- 13 Live Oaks, 16 Burr Oaks, 4 Drake Elms Classic Gardens - $32,765.00 Fannin Tree Farm - $37,360.99 Coffey's Landscape - $42,500.04 There is no separate contract. The bid acceptance constitutes the contract for this item. APPROVED BY: Initial Date Department Director: MS \ 1/5/2005 City Manager: INVITATION FOR BIDS The City of Wylie is soliciting competitive bids for the installation of trees in the median of State Highway 78, Cimarron Estates Park and Sage Creek North Park. Sealed bids will be accepted at the Wylie Municipal Complex, Office of the Purchasing Agent, 2000 Highway 78 North, Wylie, Texas until 2:00 PM December 8, 2004 at which time and place all duly received bids will be publicly opened. The City reserves the right to reject any or all bids and to award a contract based upon the best value for the City. Note: Bids must be firm for a minimum of ninety days. Tree Specifications, Highway 78 Median 1) Guaranteed for one(1)year from date of installation to be healthy and in a vigorous growing condition. One time replacements will be of same quality subject to selection by the City of Wylie. 2) Calipers will be measured six (6) inches from the top of the rootball. Foot height will be measured from the top of the root ball. 3) All rootball sizes(containers, containerized or B &B) shall be appropriate to the species/caliper/height of the tree. 4) Rootballs shall be planted at or slightly higher than the site soil level. All tree holes shall be 18"—24"wider around the circumference of the rootball but the same depth as the rootball. Existing excavated soil, with dirt clod size no larger than golf ball size, will be used to backfill around rootballs with the remaining soil to be used to build a watering ring. The inside of the watering ring shall be the same width as the excavated hole. All container grown root bound trees shall have their roots scarified before backfilling. 5) All trees will be handled by rootballs only. No lifting of trees by their trunk(s). 6) Each species of tree will be similar in their size, shape and overall appearance as they relate to their species. 7) All trees will be at least tripled staked with six (6) foot T-posts, wire and hose or city approved alternate all of which to be provided by contractor. 8) All Trees are to be selected and tagged by the City of Wylie prior to installation and shall be insect and disease free in a healthy and vigorous growing condition. 9) All trees shall be installed as per the landscape plans and/or staked sites. 10) The contractor will be responsible for the watering of trees until installations are complete and approved by the city. Root stimulator provided by contractor and used according to label directions shall be mixed with initial watering of trees. An on-site water source shall be made available by the city for the contractor's use. 11) The City of Wylie prefers the installation of container grown or containerized trees but will consider B &B trees as a second option in consideration of budget limitations. All tree quantities/sizes are subject to increasing or decreasing. 12) City of Wylie will coordinate with tree installation contractor on start date. 13) All equipment (trucks, trailers, tractors, etc.) may not be left standing or parked on Hwy 78 at any time. Equipment only allowed on the medians or right-of- ways. HIGHWAY 78 MEDIAN Quantity Tree Type Tree Size B & B Containerized Container Price per tree Price per tree Grown Price per tree 13 Live Oaks (Quercus Viginiana) 3"Cal. 30c,.cs® 3 . — 16 Burr Oaks (Quercus Macrocarpa) 3"Cal. Soo: c c 3 AS-,o o 4 Drake Elms (Ulmus Parifolia 3"Cal. 304›.<D® It Sempervirens) Total Quote * ,9e:›®.moo c=+ o'Ear, 1 ot-7 A S. cpc . Submitted By: Company Name: CLASS i C= Ci pk JE. N S Address: 4.C.\ W. E1-1 4 4- u F't-k"-t` l T; . 1 G-0`14- Phone Number: 0 1 7.> 4 7,d-- Q Contact Person: A , -1—ik F. L. mil, ` - . Cimarron Estates Park Quantity Tree Type Tree Size B &B Containerized Container Price per tree Price per tree Grown Price per tree 10 Live Oaks (Quercus Vigil-liana) 3"Cal. 3c�,c 3 X 5"•00 6 Burr Oaks (Quercus Macrocarpa) 3"Cal. 3 • 10 Sweet Gums (Liquid Amber 3"Cal. Styraciflua) 2 1 5-. cQ 3 Texas Ash(Fraxinus Texenis) 2" Cal. Z©®•CC) 3 Austrian Pines (Pinus Nigra) 2" Cal. .gO0. O A .tee 3 Pecans (Carya Illinoinensis) 2" Cal. 2 A 5".ccb _ c 4- • c o 13 Crepe Myrtles (Lagerstroemia 6/7' 1 �5•C)0 Indica) —Red—M.T. 4 Drake Elms (Ulmus Parifoilia 2" Cal. Zoo.oc.: 5'0. Sempervirens) op 3 Chinese Pistachio (Pistacia Chinensis) 2" Cal. .° 15 • cc) 5 Bald Cypress (Taxodium Distichum)2" Cal. :boo . ©eD 1 Magnolia(Magnolia Grandiflora) 9/10' 30c, • c)d 4 5-0- c c 1 Ginkgo (Ginkgo Biloba)Male only 3" Cal. Ar`'c'• ate' +' I it. Sevs__.00 ..,.u__- Total Quote I Nt 0 '13 LID III 1 Submitted By: Company Name: CLL.pc C-- C, 1 t"z-17 :-N Address: 401 F tt 5 44- 1 -17>t4 `t ,Phone Number: (6k "17-,) 4-74 .- j ri Z1 Contact Person: 4 L (A F L , ui2 Sage Creek North Park Quantity Tree Type Tree Size B &B Containerized Container Price per tree Price per tree Grown Price per tree 4 Live Oaks (Quercus Viginiana) 4"Cal. pp 4 Chinese Pistachio(Pistacia 4" Cal. 4-a-.co 4-7 5 •c) Chinensis) 4 Bald Cypress (Taxodium 3"Cal. •O 3 A 5.0C) Distichum) 4 Savannah Holly(Ilex Opaca 7/8' 4-a '. ®, 4 5 ` con "Savannah") Total Quote t. ` No l '4'C3c) CDC Submitted By: Company Name: c A •5 6 i c:__- C N. l- -0 S Address: 4-0\ 3 , t=l--1 5-4-4- l-'r ' N (, �C • 7s®w4- Phone Number: 617-i) 4-`4-- "w "g `1 Contact Person: A LEA F i` L. S\ l 1 'C_' CITY OF WYLIE Item No. F. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 11, 2005 Other: Department: Parks Prepared By: Jim Holcomb Date Prepared: 12/29/04 Exhibits: Bid from Southwest Parks&Playgrounds AGENDA SUBJECT: Consider and act upon awarding a contract to Southwest Parks & Playgrounds in the amount of$43,142.95 for the purchase of playground equipment for Olde City Park and Cimarron Estates Park. RECOMMENDED ACTION: Staff recommends awarding a contract for the purchase of the specified playground equipment to Southwest Parks & Playgrounds in the amount of$43,142.95. SUMMARY: Council has allocated approximately $61,000.00 in the 2005 fiscal year budget for the purchase and installation of playground equipment in Olde City Park and Cimarron Estates Park. The total budget allocation for both projects includes funding from the 4B Sales Tax Fund, the Parks Acquisition and Improvement Fund and the General Fund operating budget for the Parks Department. A portion of the funding for Olde City Park is provided by a Collin County Parks and Open Space Grant. Competitive sealed bids have been solicited for the purchase of the specified Game Time Powerscape "Woodlands" and "Kids Homeroom" playground systems. Separate quotes were obtained for the installation of the equipment with a low bid of $9,900.00 submitted by Eagleton Construction. The following is a tabulation of bids received for the playground equipment. Southwest Parks & Playgrounds - $43,142.95 Recreation Concepts, Inc. - $58,051.69 Total Recreation Products - $58,828.13 Hunter-Knepshield Company - $62,800.00 There is no separate contract. The bid acceptance constitutes the contract for this item. APPROVED BY: Initial Date Department Director: MS \01/05/05 City Manager: h/9i' \ ,. -es- INVITATION FOR BIDS The City of Wylie is soliciting competitive bids for playground equipment and wood fiber chips. Sealed bids will be accepted at the Wylie Municipal Complex, Office of the Purchasing Agent, 2000 Highway 78 North, Wylie, Texas until 2:00 PM December 15, 2004, at which time and place all duly received bids will be publicly opened. The City reserves the right to reject any or all bids and to award a contract based upon the best value for the City. Note: Bids must be firm for a minimum of 120 days. Specifications The successful bidder shall furnish the specified GameTime Powerscape systems and wood fiber chips for the amount of the bid (freight included) as stated below. Questions regarding this solicitation can be directed to Bill Nelson at 972/442-7588. Quantity Description 1 each GameTime Powerscape Plus"Kid's Homeroom", color: Blueberry 13 each Six foot straight black Playcurb 1 each Two foot straight black Playcurb 88 cubic yards GameTime engineered wood fiber, to cover 1,767 square feet, 12" compacted depth, two wearmats, one layer of geotextile fabric Bid Amount: $16,551.89 1 each GameTime Powerscape Plus"The Woodlands", color: Blueberry 91 cubic yards GameTime engineered wood fiber, to cover 2,100 square feet, 12" compacted depth, one wearmat, one layer of geotextile fabric Bid Amount: $26,591.06 Submitted By: GAME TIME BY SOUTHWEST PARKS & PLAYGROUNDS, L. P. P. 0. BOX 50048 DENTON TX 76206-0048 Alr Authorized Signature: Phone: 800-433-5347 ,: E. CALDWELL, PRESIDENT 1 - » ` 1 5 43 // DISCRETE \` UNIT _ #85073 { THE WOODLANDS Ig CRUNCH BAR 81670 4-....„.„. OVERHEAD N• TURNING BAR WAVY TREE TREE CUMBER . 81681 CLIMBER 81527 . 80366 FUNNEL DOME ROOF ENCLOSURE REDRAWN WiNEW COMPS. OT OVERHEAD LADDER ♦ • 80116 III_ DOUBLE 80818 2 MN w ACCESS PACKA' � _ SEAT REDRAWN WINEW COMPS. 12it 80663 ♦ . DOWN UNDER •L' CRAWL TUBE __ _ (BELOW) �o.DSC Revision Da<� • CRAWL TUBE 80705 TRIANGLE TRANSFER 80720 �� ct 80924 PLATFORM �• 4 DNA CUMBER 80661 TALK TUBE �' _/ This play equipment is • • 816 5 :+ -80316 (recommended for children ((! r U ages 5-12 %• • • • 3 7' 1 1 " o 0 0= - oft,resilient surfacing shoull PLATFORM. 1au be placed in the use zones of 81202 .� o 0D) �o o o I 6' i® tROCKSUDE all equipment,as specified -- 81301 for each type of equipment, .... • • • • •'• • - • and at depths to meet the �i _= STEPPED critical fall heights as specified BUBBLE = PLATFORM by the U.S.consumer STEERING Etott3PPANEL6 �` 4' v VERTICAL 81202 Product Safety Commission, 80342 WHEEL FUNN COMBING WALL ASTM standard F 1487 and COATED CHAIN ENCLOSURE �L�CRAWL� 51UBE ••_ .\ENCLOSURE 80419 Canadian Standard NET 80815 ' CAN/CSA-Z-614. Dg8E011 EllA816 58E IIIIhis unit includes play even ■ and routes of travel designed specifically for special needs users. It is the opinion of the TRANSFER manufacturer that these play POINT events and routes of travel 80654 conform to the accessibility requirements of the ADA (American's with Disabilities/ Act). / Qom, •... I ISIO 9 0 0 1 Endot* Childlmd Through Piny. c. 1,310 SQFT Total Elevated Play Components 11 /STM By: Scale: FALL ZONE Total Elevated Components Accessible By Ramp 0 Required 0 N/A Total Elevated Components Accessible By Transfer 11 Required 6 8C25/03 ). Total Accessible Ground Level Components Shown 4 Required 4 Drawing Name: Total Different Types Of Ground Level Components 4 Required \�B5073 // DISCRETE 35'-9" I UNIT #85024 KID'S HOMEROOM REDRAWN W/NEW COMPS. 12 2 DSC 2003 RED WN 6 SWIVEL I STM� W/NEW COMPS 2003 MEISTER 6 CRUNCH \.h.lo. Revision Date 81689 816R670 FLIP SLIDE do. _ W/ENCLOSURE This play equipment is — �J__� 81265 recommended for children ages 5-12. OVERHEAD C ,7/ 11 �� Soft,resilient surfacing WI TREE CLIMBER 81529 / should be placed in the use / �� zones of all equipment,as C • RUNG ACCESS lr� specified for each type of LADDER �� equipment,and at depths to STEPPED 80635 ' meet the critical fall heights J as specified bythe U.S. PLATFORM ` �, P 81202 , �� •,6��/' consumer Product Safety // Commission,ASTM �. / ° standard F 1487 and 30'-5" TRANSFER \�� f� TREESCAPE DECK Canadian Standard POINT , 11100 I �> �1 80026 CAN/CSA-Z-614. 80653 I■� ��'�►� 11W, i This unit includes play 4 41. 4 'j_ , events and routes of travel ACCESS .�`�- \Wrir4N \� designed specifically for ATTACHMENT / �� SPINY ARCH special needs users. It is 80656 �� CLIMBER the opinion of the �/� 80360 manufacturer that these play events and routes of CRAZY EIGHT travel conform to the • CLIMBER accessibility requirements 80326 PAGODA ROOF w/ of the ADA (American's WAVE RIDER SLIDE PERFORATED METAL PANELS with Disabilities Act). J 80157 81282 Ccop_ _ 115O9 0 0 1 Enriching Childhood Through Play "Am'. /Sawn By: Scale: JSS 1"=5'-0" Total Elevated Play Components 6 Date: Total Elevated Play Components Accessible By Ramp 0 Required 0 11/04/02 Total Elevated Components Accessible By Transfer 6 Required 3 D85024 Name: Total Accessible Ground Level Components Shown 2 Required 2 GT Quote Number: \ Total Different Types Of Ground Level Components 2 Required 2/ CITY OF WYLIE Item No. G. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 11, 2005 Other: Department: Public Services Prepared By: Michael Sferra Date Prepared: November 24, 2004 Ordinance and Correspondence from Exhibits: North Texas Municipal Water District AGENDA SUBJECT: Consider and act upon an ordinance amending Ordinances 92-6, 96-14, and 96-22 (Pretreatment Program). RECOMMENDED ACTION: Approval. SUMMARY: Representatives of the Texas Commission on Environmental Quality (TCEQ) recently conducted a pretreatment inspection of the Wylie Wastewater Treatment Plant (WWTP)Pretreatment Program. During the inspection, it was determined that the current City ordinance contains an "upset provision" that is not recognized by the State and local courts in the State of Texas. The TCEQ did not adopt the definition of upset or the federal affirmative defense for upset found in 40 Code of Federal Regulations (CFR) §403.16. Instead, the State of Texas recognizes the Act of God statutory affirmative defense (Texas Water Code Section 7.251). The North Texas Municipal Water District (NTMWD) administers the City's Pretreatment Program. In order for Pretreatment Program to remain in compliance with TCEQ requirements, NTMWD is requesting that the City amend Section 31 of the existing ordinance to include the Act of God statutory affirmative defense. APPROVED BY: Initial Date Department Director: MS \ 01/05/04 City Manager: ///dI? \ i- aS" ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NOS. 92-6, 92-14, AND 96-22 IN REGARD TO REGULATIONS FOR DISPOSAL OF SEWAGE AND WASTES INTO THE SANITARY SEWER OF THE CITY OF WYLIE, TEXAS; PROVIDING FOR A PERMIT SYSTEM WITH DENIAL, SUSPENSION, REVOCATION AND APPEAL PROCESS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has previously adopted Ordinances 92-6, 92-14, and 96-22 of the City of Wylie, Texas ("Wylie") establishing regulations for disposal of sewage and the use of public sewers, regulations for discharge of industrial wastes into the sanitary sewer of Wylie, regulations of unsewered and miscellaneous discharges and providing for a permit system with denial, suspension, revocation and an appeal process; and WHEREAS, the City Council desires to amend Section 31, Upsets, under Ordinances 92- 6, 92-14, and 96-22 of Wylie; and WHEREAS, the City Council finds that it is in the best interest of the citizens of Wylie to amend Section 31, Upsets, under Ordinances 92-6, 92-14 and 96-22 as provided herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: SECTION 1: The City hereby amends Section 31, under Ordinances 92-6, 92-14, and 96-22 as follows: SECTION 31: AFFIRMATIVE DEFENSE A. If a person can establish that an event, which would otherwise be a violation of this Ordinance, an Industrial User Wastewater Discharge Permit issued pursuant to this Ordinance, or other Federal, State, or local law, was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation. B. Conditions necessary for a demonstration of affirmative defense. An Industrial User who wishes to establish an affirmative defense shall demonstrate, through properly signed, contemporaneous operation logs, or other relevant evidence that: 1. The event that resulted in a violation occurred and the Industrial User can identify the cause(s) of the violation as being solely an act of God, war, strike, riot, or Ordinance 2005- Regulations of Disposal of Sewage 1 other catastrophe; 2. The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; 3. The Industrial User has submitted the following information to the Environmental Officer within twenty-four (24) hours of becoming aware of the violation (if this information is provided orally a written submission must be provided within five (5) days); a. A description of the event that resulted in a violation and the cause of noncompliance; b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; c. Steps being taken and/or plans to reduce, eliminate and prevent recurrence of the noncompliance. C. Burden of proof. In any enforcement proceeding, the Industrial User seeking to establish an affirmative defense shall have the burden of proof D. Reviewability of agency consideration. In the exercise of prosecutorial discretion, the Environmental Officer will review any claims of an affirmative defense. No determinations made in the course of his/her review shall constitute final action subject to judicial review. Industrial Users will have the opportunity for a judicial determination on any claim of an affirmative defense only in an enforcement action brought for noncompliance with Categorical Pretreatment Standards. E. User responsibility. The Industrial User shall control production or all Discharges to the extent necessary to maintain compliance with Categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. SECTION 2: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 3: SEVERABILITYS. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall Ordinance 2005- Regulations of Disposal of Sewage 2 remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 4: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11th day of January, 2005. JOHN MONDY, Mayor ATTESTED AND CORRECTLY APPROVED AS TO FORM: RECORDED: ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. RICHARD M. ABERNATHY City Attorneys CAROLE EHRLICH, City Secretary Published in the Wylie News 01-19-05 Ordinance 2005- Regulations of Disposal of Sewage 3 NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity October 29, 2004 Mr. Jack Jones City of Wylie 949 Hensley Lane Wylie, Texas 75098 Dear Mr. Jones: Representatives of the Texas Commission on Environmental Quality (TCEQ) recently conducted a pretreatment inspection of the Wylie Wastewater Treatment Plant (WWTP) Pretreatment Program. During the inspection it was determined that the current city ordinance contains an upset provision that is not recognized by the State and local courts in the State of Texas. The TCEQ did not adopt the definition of upset or the federal affirmative defense for upset found in 40 Code of Federal Regulations (CFR) §403.16. Instead, the State of Texas recognizes the Act of God statutory affirmative defense (Texas Water Code Section 7.251). Enclosed in Attachment I is a copy of the upset provision from the current city ordinance that needs to be removed (Ordinance 96-22 Section 31). The upset provision in the current ordinance needs to be replaced with the Act of God affirmative defense provision. The proposed language may be found in Attachment II. Please amend the current ordinance to include the Act of God affirmative defense language found in Attachment II. Please forward a signed copy of the approved ordinance changes to Brooke Noack, NTMWD Pretreatment Coordinator. If you have any questions, please call Brooke Noack, Pretreatment Coordinator, or my office at 972-442-5405. Sincerely, ).?? kfriv))1VI-Vit 1104 /4tift... M. DOLAN MCKNIGHT, P.E. (N, JAMES M. PARKS Environmental Officer Executive Director JMP/MDM/BMN Enclosures 505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405 Attachment I Ordinance No. 9.1 ? Page 33 b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment down time. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and c) The Industrial User submitted notices as required under Paragraph B of this Section. 2) The Control Authority may approve an anticipated bypass, after considering its adverse effects, if the Control Authority determines that it will meet the three conditions in Paragraph C(1) of this Section. SECTION 29: SLUG CONTROL PLAN A) Each industrial user shall provide protection from slug discharges, as defined in Section 1 of this ordinance. The Control Authority may require the Industrial User to develop and implement a slug control plan. The plan shall contain, at a minimum, the following elements: 1) Description of discharge practices, including non-routine batch discharges; 2) Description of stored chemicals; 3) Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5, with procedures for follow-up written notification within five days; 4) If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operation, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) , and/or measures and equipment for emergency response. SECTION 30: NOTICE OF POTENTIAL PROBLEMS, INCLUDING SLUG LOADING All categorical and non-categorical Industrial Users shall notify the POTW and the city immediately of all discharges that could cause problems to the POTW, including any slug loadings, by the Industrial User. SECTION 31: UPSETS A) Effect of an upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical Pretreatment Standards if the requirements of paragraph B are met. Ordinance No. demonstration of upset. An Industrial for aUpsetu shall g) Useronditions necessary contemporaneous operation who wishes to establish the signed, contemporaneous defense of properly g demonstrate, through P logs, or other relevant evidence that can identify the 1) An Upset occurred and the Industrial User of the Upset; cause(s) rudent and the time being operated in a p erasion 2) The facility was at compliance with applicable op workman-like manner and in rocedures; and maintenance P following information to User has submitted the o 3) The Industrial within 24 hourof becoming omin aware the POTW and Control Authority written of the Upset (if this information is provided submisson must be provided within five days) ; and the cause of (a) A description of the Indirect Discharge noncompliance;(b) The periodincluding exact dates and times or, if not corrected, the anticipated of noncompliance, time the noncompliance eliminate and is expected to continue; laps to reduce, (c) Steps being taken and/or P fiance. prevent recurrence of the noncoms enforcement proceeding the Industrial User seeking to establish the occurrence In any C) Burden of proof. of an Upset shall have the burden of proof. In the consideration of claims of upset. of agency discretion, Agency enforcement D) Reusual exercise of prosecutorial personnel e should claims that non-compliance was caused by the course of the review an o review any made in to judicial review. constitute Upset. No determinationssubjecta judicial final Agency action of Industrial have the opportunity Industrial users will determination on any claim of Upset only in an enforcement action brought for noncompliance with categorical Pretreatment Standards. in case of upset. The Industrial User shallo E) User responsibility es to the extent necessary reduction or all Discharges Standards upon controlmaintain P with categorical Pretreatment until the reduction, compliance or of its treatment facility is loss, failure of treatment ffacilityn, an alternative method where, among provided. d is restored or in the situation This requirement applies of the treatment facility otherdeh primary source of power other things, the is reduced, lost or fails. GE OF HAZARDOUS WASTES SECT_ I ON 32; NOTIFICATION OF DISCHAR Regional Waste the POTW, the EPA A) Industrialgt Users shall notify if Division Director, and State TWa afdausubstanceuwhichtles Management into the POTW writing of any discharge hazardous waste under 40 CFR Part otherwise disposed of would be a 261. Such notification must include the name of the hazardous waste Attachment II SECTION 33: AFFIRMATIVE DEFENSE A) If a person can establish that an event, which would otherwise be a violation of this Ordinance, an Industrial User Wastewater Discharge Permit issued pursuant to this Ordinance, or other Federal, State, or local law,was caused solely by an act of God, war, strike, riot, or other catastrophe,the event is not a violation. B) Conditions necessary for a demonstration of affirmative defense. An Industrial User who wishes to establish an affirmative defense shall demonstrate, through properly signed, contemporaneous operation logs, or other relevant evidence that: 1) The event that resulted in a violation occurred and the Industrial User can identify the cause(s) of the violation as being solely an act of God, war, strike,riot, or other catastrophe; 2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; 3) The Industrial User has submitted the following information to the Environmental Officer within twenty-four (24) hours of becoming aware of the violation (if this information is provided orally a written submission must be provided within five (5) days); a) A description of the event that resulted in a violation and the cause of noncompliance; b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; c) Steps being taken and/or plans to reduce, eliminate and prevent recurrence of the noncompliance. Any verbal notice must include all of the information set out in a)through c) above. C) Burden of proof. In any enforcement proceeding the Industrial User seeking to establish an affirmative defense shall have the burden of proof. D) Reviewability of agency consideration. In the exercise of prosecutorial discretion, the Environmental Officer will review any claims of an affirmative defense. No determinations made in the course of his/her review shall constitute final action subject to judicial review. Industrial Users will have the opportunity for a judicial determination on any claim of an affirmative defense only in an enforcement action brought for noncompliance with Categorical Pretreatment Standards. E) User responsibility. The Industrial User shall control production or all Discharges to the extent necessary to maintain compliance with Categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. CITY OF WYLIE Item No. 1. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 11, 2005 Special Called Meeting Department: City Manager Prepared By: Mindy Manson Date Prepared: January 4, 2005 Exhibits: Ordinance AGENDA SUBJECT: Discussion and consideration of all matters incident and related to the issuance and sale of"City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005", including the adoption of the ordinance authorizing the issuance of such obligations. RECOMMENDED ACTION: Approval of Ordinance authorizing the Issuance of the Certificates of Obligation. SUMMARY: Article VII Section 8 of the City Charter establishes the City's right and power to borrow, with Section 8.D. further specifying the option of the issuance of Certificates of Obligation. A Notice of Intent was published in the Wylie News on December 22nd and December 29th setting out the City's intent to issue $6.35 million in Certificates of Obligation for the purpose of purchasing 253 acres. The proposed use of the property includes recreation facilities, and a municipal government complex. Per the contract with the Trust for Public Land, the closing on the land is to take place prior to January 31st The land to be purchased consists of 253 acres located south of Brown Street, and east and west of both the existing and future alignment of FM 1378. A portion of the 253 acres includes a 19.2 acre tract of land that is located on FM 544 and is separated from the balance of the property by the DART right-of-way. The most recent FEMA maps identify 81 of the 253 acres as flood plain, leaving 172 net acres. Existing easements on the property include Texas Power and Light, North Texas Municipal Water District, City of Wylie Sewer, and an American Liberty Pipeline easement. The right-of-way necessary for the realignment of FM 1378 appears to be exclusively within the Wells property. The location of the property and its proximity to Muddy Creek provides key connectivity to the trail and park system per the Park Master Plan. APPROVED BY: Initial Date Department Director: MM \ 01/04/05 City Manager: A \ /-- ORDINANCE NO. AN ORDINANCE authorizing the issuance of "CITY OF WYLIE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2005"; 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 from the operation of the City's Waterworks and Sewer System; 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 a Purchase Contract and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of$6,350,000 for the purpose of paying contractual obligations to be incurred for (1) the purchase of land for authorized needs and purposes, to wit: (i) a City municipal government complex and (ii) City recreational facilities and (2) professional services rendered in relation to such projects and the financing thereof; has been duly published in The Wylie News on December 22, 2004 and December 29, 2004, the date the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the adoption 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 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 $6,350,000, to be designated and bear the title "CITY OF WYLIE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2005" (hereinafter referred to as the "Certificates"), for the purpose of paying contractual obligations to be incurred for (1) the purchase of land for authorized needs and purposes, to wit: (i) a City municipal government complex and (ii) City recreational facilities and (2) professional services rendered in relation to 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 V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 2: Fully Registered Obligations - Authorized Denominations-Stated Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated January 1, 2005 (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: 45552595.1 Year of Principal Interest Stated Maturity Amount Rate(s) 2006 $200,000 2007 210,000 2008 220,000 2009 230,000 cyo 2010 240,000 0/0 2011 250,000 2012 260,000 cyo 2013 275,000 0/0 2014 285,000 2015 300,000 2016 315,000 2017 330,000 cyo 2018 345,000 2019 360,000 cyo 2020 375,000 0/0 2021 395,000 2022 410,000 2023 430,000 2024 450,000 2025 470,000 cyo The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate 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 August 15, 2005. SECTION 3: Terms of Pavment-Paving 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 JPMorgan Chase Bank, 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 and City Secretary are authorized to execute and deliver such 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 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 45552595.1 2 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 in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the 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 from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Certificates maturing on and after February 15, 2016 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, 2015, or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. At least forty-five (45) days prior to a redemption date for the 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) Mandatory Redemption. The Certificates having Stated Maturities of February 15, 20 and February 15, 20_ (the "Term Certificates") shall be subject to mandatory redemption in part prior to maturity at the redemption price of par and accrued interest to the date of redemption on the respective dates and in principal amounts as follows: Term Certificates due February 15, 20 Term Certificates due February 15, 20 Redemption Date Principal Amount Redemption Date Principal Amount 45552595.1 3 February 15, 20 $ ,000 February 15, 20 $ ,000 February 15, 20 $ ,000 Approximately forty-five (45) days prior to each mandatory redemption date for the Term Certificates, the Paying Agent/Registrar shall select by lot the numbers of the Term Certificates within the applicable Stated Maturity to be redeemed on the next following February 15 from moneys set aside for that purpose in the Certificate Fund (as hereinafter defined). Any Term Certificate not selected for prior redemption shall be paid on the date of their Stated Maturity. The principal amount of the Term Certificates for a Stated Maturity required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of Term Certificates of like Stated Maturity which, at least 50 days prior to the mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions set forth in paragraph(a) of this Section and not theretofore credited against a mandatory redemption requirement. (c) Selection of 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 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. (d) 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. SECTION 5: Registration - Transfer - Exchange of Certificates-Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security 45552595.1 4 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(s) 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 of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. 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 surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates 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 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. 45552595.1 5 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 (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the 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 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 provide for the Certificate certificates to be 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 under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature 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 V.T.C.A., Government Code, Chapter 1201. 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 9C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed 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, being one certificate for 45552595.1 6 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 Certificates 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 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, or 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 Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF WYLIE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION, SERIES 2005 Certificate Date: Interest Rate: Stated Maturity: CUSIP NO: January 1, 2005 % February 15, Registered Owner: Principal Amount: DOLLARS 45552595.1 7 The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Collin, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing August 15, 2005. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however, while this 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 Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this 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 $6,350,000 (herein referred to as the "Certificates") for the purpose of paying contractual obligations to be incurred for (1) the purchase of land for authorized needs and purposes, to wit: (i) a City municipal government complex and (ii) City recreational facilities and (2) professional services rendered in relation to such projects and the financing thereof; under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A., 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 dates hereinafter identified (the "Term Certificates") are subject to mandatory redemption prior to maturity with funds on deposit in the Certificate Fund established and maintained for the payment thereof in the Ordinance, and shall be redeemed in part prior to maturity at the price of par and accrued interest thereon to the mandatory redemption date on the respective dates and in principal amounts as follows: Term Certificates due February 15, 20 Term Certificates due February 15, 20 Redemption Date Principal Amount Redemption Date Principal Amount February 15, 20 $ ,000 February 15, 20 $ ,000 February 15, 20 $ ,000 The particular Term Certificates of a stated maturity to be redeemed on each redemption date shall be chosen by lot by the Paying Agent/Registrar; provided, however, that the principal amount of Term Certificates for a stated maturity required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of Term 45552595.1 8 Certificates of like stated maturity which, at least 50 days prior to the mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions appearing below and not theretofore credited against a mandatory redemption requirement. The Certificates maturing on and after February 15, 2016, 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, 2015, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to 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 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. 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 (as defined in the Ordinance) of the City's combined Waterworks and Sewer System (the "System"), such pledge being limited to an amount not in excess of $1,000 and being junior and subordinate to the lien on and pledge of such Net Revenues securing the payment of "Prior Lien Obligations" (identified and defined in the Ordinance) 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 Certificates, equally and ratably secured by a parity lien on and pledge of the Net Revenues of the System. 45552595.1 9 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 Net Revenues pledged to the payment of the principal of and interest on the Certificates; the nature and extent and manner of enforcement of the pledge; 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 pledges, charges and covenants made therein 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 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 its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the 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 as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be 45552595.1 10 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 (Seal) 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) *NOTE TO PRINTER: Do not print on definitive Certificates 45552595.1 11 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 Dallas, Texas, is the "Designated Payment/Transfer Office" for this Certificate. JPMORGAN CHASE BANK, N.A., Dallas, Texas, as Paying Agent/Registrar Registration Date: By Authorized Signature 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 registered owner as it Signature guaranteed: appears on the face of the within Certificate in every particular. 45552595.1 12 F. The Initial Certificate(s) shall be in the form set forth in paragraph 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 2005 Certificate Date: January 1, 2005 Registered Owner: Principal Amount: DOLLARS The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Collin, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) 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 of each year, commencing August 15, 2005. Principal installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the registered owner hereof by JPMorgan Chase Bank, N.A., Dallas, Texas (the "Paying Agent/Registrar"), upon presentation and surrender, at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this 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. 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 45552595.1 13 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 2005" 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 "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. (d) 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. (e) 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 and (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 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. (f) 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 Bonds Similarly Secured and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) 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 45552595.1 14 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. (h) 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. (i) The term "Outstanding" when used in this Ordinance with respect to Certificates means, 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. Q) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid (1) "City of Wylie, Texas Waterworks and Sewer System Revenue Bonds, Series 1999", dated September 1, 1999, and originally issued in the aggregate principal amount of$1,380,000, (2) "City of Wylie, Texas, Waterworks and Sewer System Revenue Bonds, Series 2000", dated August 15, 2000, and originally issued in the aggregate principal amount of$1,720,000, and (3) "City of Wylie, Texas, Waterworks and Sewer System Revenue Bonds, Series 2002", dated September 15, 2002, and originally issued in the aggregate principal amount of $1,150,000 and (4) "City of Wylie, Texas, Tax and Waterworks and Sewer System Surplus Revenue Refunding Bonds, Series 1993", dated August 1, 1993, and originally issued in the aggregate principal amount of $5,890,000 and (ii) 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 Certificates. (k) 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, 45552595.1 15 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 2005 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. Authorized officials of the City 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" (V.T.C.A., Government Code, Chapter 2256) relating to the investment of"bond proceeds"; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12: Tax Lew. 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 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 45552595.1 16 Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Net Revenues of the System 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, and any other lawfully available revenues which are 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. Accrued interest received from the purchasers of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Limited Pledge of 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 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. Section 1208, Government Code, applies to the issuance of the Certificates and the pledge of the Net Revenues of the System granted by the City under this Section 13, and such pledge is therefore valid, effective and perfected. If Texas law is amended at any time while the Certificates are Outstanding such that the 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, Business & Commerce Code, then in order to preserve to the registered owners of the Certificates the perfection of the security interest in said pledge, the City agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable 45552595.1 17 provisions of Chapter 9, Business & Commerce Code and enable a filing to perfect the security interest in said 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 the amounts required to be deposited in the Bond Fund created and established for the payment of Debt Service on the Bonds Similarly Secured as the same becomes due and payable. THIRD: To the payment of the amounts required to be deposited in the Reserve Fund to establish and maintain the Required Reserve in accordance with the provisions of this Ordinance or any other ordinance relating to issuance of Bonds Similarly Secured. 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: (a) 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 V.T.C.A, Government Code, Sections 1502.56 and 1502.58 and V.T.C.A., Local Government Code, Sections 271.041, et seq. (b) Other than for the payment of the outstanding Prior Lien Obligations 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 45552595.1 18 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 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 45552595.1 19 pledge of Net Revenues 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 while any Certificates remain Outstanding except as permitted in this Section and in Section 36 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. 45552595.1 20 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 45552595.1 21 of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the 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 45552595.1 22 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. (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 Underwriters 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, 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 Secretary, City Manager, Assistant City Manager and Finance Director, 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. 45552595.1 23 SECTION 23: Sale of Certificates - Official Statement Approval. The sale of the Certificates authorized by this Ordinance to Southwest Securities Inc. and RBC Dain Rauscher Inc. (herein referred to as the "Underwriters") in accordance with the Purchase Contract, dated January 11, 2005, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Mayor or Mayor Pro Tern is hereby authorized and directed to execute said Purchase Contract for and on behalf of the City and as the act and deed of this Council, and in regard to the approval and execution of the Purchase Contract, the Council hereby finds, determines and declares that the representations, warranties and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Official Statement by the Underwriters 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, City Manager, Assistant City Manager, Finance Director, or City Secretary, individually or collectively), shall be and is hereby in all respects approved, and the Underwriters are hereby authorized to use and distribute said final Official Statement, dated January 11, 2005, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Underwriters, and such final Official Statement in the form and content manually executed 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 Underwriters. SECTION 24: Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest received from the Underwriters and amounts to pay costs of issuance and municipal bond insurance premium, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments in accordance with the provisions of V.T.C.A., Government Code, Chapter 2256, including specifically guaranteed investment contracts permitted in V.T.C.A., Section 2256.015, et seq, 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. Accrued interest as well as all 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 25: 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 Underwriters. Furthermore, the Mayor, Mayor Pro Tern, City Secretary, Finance Director and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's 45552595.1 24 financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s) to the Underwriters and the initial exchange thereof for definitive Certificates. SECTION 26: 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 27: 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 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 28: Bond Counsel's Opinion. The Underwriters' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, 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 The Depository Trust Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 29: 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 30: 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. 45552595.1 25 SECTION 31: 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 32: 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 33: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 34: 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 35: 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 36: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 2004) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 23 of this Ordinance, being the information described in Exhibit C hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit C hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report, when and if the same becomes available. 45552595.1 26 If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults. 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof 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. Any filing required by this Section may be made solely by transmitting such filing to the Texas Municipal Advisory Council (the "MAC") as provided at http://www.disclosureusa.org unless the SEC has withdrawn the interpretive advice in its letter to the MAC dated September 7, 2004. 45552595.1 27 UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. 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 resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted underwriters 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 in accordance with subsection (b) 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 37: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 38: Effective Date. This Ordinance shall take effect and be in full force from and after its adoption on the date shown below in accordance with V.T.C.A., Government Code, Section 1201.028. [remainder of page left blank intentionally] 45552595.1 28 PASSED AND ADOPTED, this January 11, 2005. CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary (City Seal) 45552595.1 S_1 Exhibit C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION AND OPERATING DATA The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B for the most recently concluded fiscal year. 2. The information in the Official Statement contained in Tables 1 through 6 and 8 through 15. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph 1 above 45552595.1 PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of January 11, 2005 (this "Agreement"), by and between the City of Wylie, Texas (the "Issuer"), and JPMorgan Chase Bank, N.A., a banking corporation organized and existing under the laws of the United States of America (the "Bank"), RECITALS WHEREAS, the Issuer has duly authorized and provided for the execution and delivery of its "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005" (the "Securities"), dated January 1, 2005, such Securities scheduled to be delivered to the initial purchasers thereof on or about January 27, 2005; 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 "Bond Resolution" (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 "Bond Resolution". 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 for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. 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 45552972.1 EXHIBIT A of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). 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 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. "Bank Office" means the designated office of the Bank in Dallas, Texas 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. "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, City Manager, Assistant City Manager, or Finance Director, any one or more of said officials, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "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 Resolution). "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 Bond Resolution. 45552972.1 2 EXHIBIT A "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 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 Bond Resolution 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 Paying Agent. 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 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: P. O. Box 2320, Dallas, Texas 75221-2320 or 2001 Bryan Street, 9th Floor, Dallas, Texas 75201, Attention: Operations. 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. 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 at the dates specified in the Bond Resolution. 45552972.1 3 EXHIBIT A ARTICLE FOUR REG ISTRAR Section 4.01 Security Register-Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein 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 Bank may prescribe. All transfers, exchanges and replacement 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, in form satisfactory to the Bank, 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 Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities 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 Register. 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. 45552972.1 4 EXHIBIT A 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 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 Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, 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 Bond Resolution, 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, or 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 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, or 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 45552972.1 5 EXHIBIT A 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. (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 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. 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- Paying Agent Account/Collateralization. Money deposited by the Issuer with the Bank of the principal (or Redemption Price, if applicable) of or interest on any Securities shall be segregated from other funds of the Bank and the Issuer and shall be held in trust for the benefit of the Holders of such Securities. All money deposited with the Bank hereunder shall be secured in the manner and to the fullest extent required by law for the security of funds of the Issuer. Amounts held by the Bank which represent principal of and interest on the Securities remaining unclaimed by the owner after the expiration of three years from the date such amounts have become due and payable shall be reported and disposed of by the Bank in accordance with the provisions of Texas law including, to the extent applicable, 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 hereunder. 45552972.1 6 EXHIBIT A 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 offices 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 lnterpleader in any court of competent jurisdiction in the State of Texas to determine the rights of any Person claiming any interest herein. Section 5.08 DT 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. 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 page 9. Section 6.04 Effect of Headings. The Article and Section headings herein are for convenience 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. 45552972.1 7 EXHIBIT A 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 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 6.08 Entire Agreement. This Agreement and the Bond Resolution 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 Bond Resolution, the Bond Resolution shall govern. Section 6.09 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 6.10 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 given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and 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. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register(or a copy thereof), together with 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 6.11 Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. 45552972.1 8 EXHIBIT A IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. JPMORGAN CHASE BANK, N.A. BY: Title: [SEAL] Address: 2001 Bryan Street, 8th Floor Dallas, Texas 75201 Attest: Title: CITY OF WYLIE, TEXAS BY: Mayor Address: 2000 Highway 78 North Wylie, Texas 75098 (CITY SEAL) Attest: City Secretary 45552972.1 9 EXHIBIT A CITY OF WYLIE Item No. 2. COUNCIL AGENDA ITEM city Secretary's Use Only MEETING FOR: Regular X Meeting of: January 11, 2005 Special Called Meeting Department: City Manager Prepared By: Mindy Manson Date Prepared: January 5, 2005 Exhibits: Ordinance AGENDA SUBJECT: Discussion and consideration of all matters incident and related to the issuance and sale of"City of Wylie, Texas, General Obligation Refunding and Improvement Bonds, Series 2005", including the adoption of an ordinance authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded. RECOMMENDED ACTION: Approval of the Ordinance. SUMMARY: The proposed ordinance accomplishes two purposes. The first is to issue the balance of the bond funds from the 1999 Bond Election in the amount of$5,740,000, and the second is to refund two outstanding debt issues that will result in debt service savings to the City of$280,000. The savings will be spread out over the life of the new issue. The remaining projects from the 1999 Bond Election include the construction of Alanis; the construction of Ballard Street, south of Stone; the city's match for FM 1378 between FM 544 and Brown; traffic control improvements; sidewalks, and the Valentine Park Channel project. The bonds to be issued ($5,310,000 for street improvements and $430,000 for drainage improvements) will be combined with other matching funds to complete the remaining projects from the 1999 Bond Election. The two outstanding debt issues that are recommended to be refunded are the 1993 Certificates of Obligations and the 1995 General Obligation Bonds. In reviewing outstanding debt, the City's financial advisor, First Southwest has determined that these two issues may be refunded resulting in a savings to the City. Savings are accomplished by issuing new debt at a lower effective interest rate than the effective interest rate on the original debt. By considering these sales at the same time, the City is also being able to minimize the issuance costs. APPROVED BY: Initial Date Department Director: MM \ 01/05/05 City Manager: 429/2 \ /-?-Or ORDINANCE NO. AN ORDINANCE authorizing the issuance of "CITY OF WYLIE, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2005"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; providing for the redemption of certain outstanding obligations of the City; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement, a Purchase Agreement and a Escrow Agreement and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, the City Council of the City of Wylie, Texas (the "City") has heretofore issued, sold, and delivered, and there is currently outstanding obligations totaling in original principal amount $4,660,000 of the following issues or series (collectively hereinafter called the "Refunded Obligations"), to wit: (1) City of Wylie, Texas, Tax and Waterworks and Sewer System Surplus Revenue Refunding Bonds, Series 1993, dated August 1, 1993, maturing on February 15 in each of the years 2006 through 2010, and aggregating in principal amount $1,865,000 (the "Series 1993 Refunded Obligations"); and (2) City of Wylie, Texas, General Obligation Bonds, Series 1995, dated April 15, 1995, maturing on February 15 in each of the years 2006 through 2015, and aggregating in principal amount $2,795,000 (the "Series 1995 Refunded Obligations"); AND WHEREAS, pursuant to the provisions of V.T.C.A., Government Code, Chapter 1207, the City Council is authorized to issue refunding bonds and deposit the proceeds of sale directly with any place of payment for the Refunded Obligations, or other authorized depository, and such deposit, when made in accordance with said statute, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the City Council hereby finds and determines that the Refunded Obligations should be refunded at this time, and such refunding will result in the City saving approximately $ in debt service payments on such indebtedness and further provide present value savings of approximately$ ; and, WHEREAS, in combination with the issuance of such refunding bonds, the City Council further finds and determines that unissued balance of general obligation bonds in the principal amount of$5,740,000 approved and authorized to be issued at an election held May 1, 1999, should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Authorization - Designation- Principal Amount- Purpose. General obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $ , to be designated and bear the title "CITY OF WYLIE, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2005" 45550769.1 (hereinafter referred to as the "Bonds"), for the purpose of providing funds for the discharge and final payment of certain outstanding obligations of the City (identified in the preamble hereof and referred to as the "Refunded Obligations"), to pay costs of issuance and to provide funds in the amount of $5,740,000 for permanent public improvements and public purposes, to wit: $5,310,000 for street improvements, including drainage, curb, gutters, sidewalks, landscaping, traffic signalization and utility line relocation and the acquisition of land and right-of-way therefor, and $430,000 for drainage improvements, in accordance with the Constitution and laws of the State of Texas, including V.T.C.A., Government Code, Chapters 1331 and 1207. SECTION 2: Fully Registered Obligations- Bond Date -Authorized Denominations-Stated Maturities-Interest Rates. The Bonds shall be issued as fully registered obligations only, shall be dated January 1, 2005 (the "Bond Date"), shall be in denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount ($) Rate(s) 2006 820,000 2007 845,000 2008 885,000 2009 765,000 2010 790,000 2011 535,000 0/0 2012 545,000 2013 570,000 0/0 2014 600,000 0/0 2015 630,000 cyo 2016 285,000 cyo 2017 300,000 cyo 2018 310,000 2019 325,000 2020 340,000 0/0 2021 355,000 2022 370,000 2023 390,000 0/0 2024 405,000 0/0 2025 425,000 The Bonds shall bear interest on the unpaid principal amounts from the Bond Date at the rate(s) per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Bonds shall be payable on February 15 and August 15 in each year, commencing February 15, 2006. SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of 45550769.1 2 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 JPMorgan Chase Bank, N.A., Dallas, Texas to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Bonds (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Bonds. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities or the redemption thereof, only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest on the Bonds shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Bonds having Stated Maturities on and after February 15, 2016, 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, 45550769.1 3 2015 or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. At least forty-five (45) days prior to a redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. (b) Mandatory Redemption. The Bonds having Stated Maturities of February 15„ 20 , February 15, 20_ and February 15, 20 (the "Term Bonds') shall be subject to mandatory redemption in part prior to maturity at the redemption price of par and accrued interest to the date of redemption on the respective dates and in principal amounts as follows: Term Bonds due February 15, 20_ Term Bonds due February 15, 20_ Redemption Date Principal Amount Redemption Date Principal Amount February 15, 20 $ ,000 February 15, 20 $ ,000 February 15, 20 $ ,000 February 15, 20 $ ,000 Term Bonds due February 15, 20 Redemption Date Principal Amount February 15, 20 $ ,000 February 15, 20 $ ,000 February 15, 20 $ ,000 Approximately forty-five (45) days prior to each redemption date specified above the Term Bonds are to be mandatorily redeemed, the Paying Agent/Registrar shall select by lot the numbers of the Term Bonds within the applicable Stated Maturity to be redeemed on the next following February 15 from moneys set aside for that purpose in the Interest and Sinking Fund (as hereinafter defined). Any Term Bond not selected for prior redemption shall be paid on the date of their Stated Maturity. The principal amount of the Term Bonds for a Stated Maturity required to be redeemed on a redemption date may be reduced, at the option of the City, by the principal amount of Term Bonds of like Stated Maturity which, at least 50 days prior to a mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions set forth in paragraph(a) of this Section and not theretofore credited against a mandatory redemption requirement. (c) Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat such Bonds as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bonds by $5,000 and shall select the Bonds, or principal amount thereof, to be redeemed within such Stated Maturity by lot. 45550769.1 4 (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Bond to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to prior redemption, and has been called for redemption, and notice of redemption thereof has been duly given as hereinabove provided, such Bond (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys sufficient for the payment of such Bond (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. SECTION 5: Registration - Transfer - Exchange of Bonds-Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Bonds issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Bond may be transferred or exchanged for Bonds of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Bond (other than the Initial Bond(s) referenced 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 Bonds of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds (other than the Initial Bond(s) referenced in Section 8 hereof) may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Bonds are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Bonds to the Holder requesting the exchange. All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United 45550769.1 5 States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Bonds," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued, registered, and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Bond; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Bonds, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be deposited with DTC who shall hold said Bonds for its participants (the "DTC Participants"). While the Bonds are held by DTC under the Depository Agreement, the Holder of the Bonds on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Bond (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Bonds or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Bonds, the City covenants and agrees with the Holders of the Bonds to cause Bonds to be printed in definitive form and provide for the Bond certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Bonds in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. 45550769.1 6 SECTION 7: Execution - Registration. The Bonds shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Bond Date shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them shall cease to hold such offices at the time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government Code, Chapter 1201. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 9(c), manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9(d), manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified, registered, and delivered. SECTION 8: Initial Bond(s). The Bonds herein authorized shall be initially issued either (i) as a single fully registered bond in the aggregate principal amount of the Bonds with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as multiple fully registered bonds, being one bond for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Bond(s)") and, in either case, the Initial Bond(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Bond(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. (a)_ Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Bonds, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Bonds as evidenced by their execution. Any portion of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. 45550769.1 7 The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Bonds as evidenced by their execution thereof. (b) Form of Definitive Bond. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF WYLIE, TEXAS GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BOND, SERIES 2005 Bond Date: Interest Rate: Stated Maturity: CUSIP NO: January 1, 2005 % February 15, 20_ Registered Owner: Principal Amount: The City of Wylie (hereinafter referred to as the "City"), a body corporate and political subdivision in the County of Collin, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Bond Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2006. Principal of this Bond is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register' maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (herein referred to as the "Bonds") for the purpose of providing funds for the discharge and final payment of certain outstanding obligations of the City (identified in the preamble hereof and referred to as the "Refunded Obligations"), to pay costs of issuance and to provide funds in the amount of $5,740,000 for permanent public 45550769.1 8 improvements and public purposes, to wit: $5,310,000 for street improvements, including drainage, curb, gutters, sidewalks, landscaping, traffic signalization and utility line relocation and the acquisition of land and right-of-way therefor, and $430,000 for drainage improvements, under and in strict conformity with the Constitution and laws of the State of Texas and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Bonds maturing on the dates hereinafter identified (the "Term Bonds") are subject to mandatory redemption prior to maturity with funds on deposit in the Interest and Sinking Fund established and maintained for the payment thereof in the Ordinance, and shall be redeemed in part prior to maturity at the price of par and accrued interest thereon to the date of redemption, and without premium, on the date and in the principal amount as follows: Term Bonds due February 15, 20_ Term Bonds due February 15, 20 Redemption Date Principal Amount Redemption Date Principal Amount February 15, 20 $ ,000 February 15, 20 $ ,000 February 15, 20 $ ,000 February 15, 20 $ ,000 Term Bonds due February 15, 20 Redemption Date Principal Amount February 15, 20 $ ,000 February 15, 20 $ ,000 February 15, 20 $ ,000 The particular Term Bonds of a stated maturity to be redeemed on each redemption date shall be chosen by lot by the Paying Agent/Registrar; provided, however, that the principal amount of Term Bonds for a stated maturity required to be redeemed on a redemption date may be reduced, at the option of the City, by the principal amount of Term Bonds of like stated maturity which, at least 50 days prior to a mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions appearing below and not theretofore credited against a mandatory redemption requirement. The Bonds maturing on and after February 15, 2016, 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, 2015, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to the date fixed for any redemption of Bonds, the City shall cause a written notice of such redemption to be sent by United States Mail, first class postage prepaid, to the registered owners of each Bond to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Bond (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date such Bond (or the portion of its principal sum to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys for the payment of the redemption price and the interest on the principal amount to be 45550769.1 9 redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event a portion of the principal amount of a Bond is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Bond to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Bond is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Bond to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Bond redeemed in part. The Bonds are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be discharged at or prior to its maturity or redemption, and deemed to be no longer Outstanding thereunder; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security 45550769.1 10 Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City as of the Bond Date. CITY OF WYLIE, TEXAS Mayor COUNTERSIGNED: City Secretary (SEAL) 45550769.1 11 (c) *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Bond(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER ) OF PUBLIC ACCOUNTS ) REGISTER NO. ) THE STATE OF TEXAS ) I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Do not print on definitive bonds (d) Form of Certificate of Paving Agent/Registrar to appear on Definitive Bonds only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered under the provisions of the within-mentioned Ordinance; the bond or bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar in Dallas, Texas is the "Designated Payment/Transfer Office" for this Bond. JPMORGAN CHASE BANK, N.A., Dallas, Texas Registration date: By Authorized Signature 45550769.1 12 (e) Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) Social Security or other identifying number: ) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this Signature guaranteed: assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. (f) The Initial Bond(s) shall be in the form set forth in paragraph B of this Section, except that the heading and paragraph one of the form of the single fully registered Initial Bond shall be modified as follows: REGISTERED REGISTERED NO. T-1 $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF WYLIE, TEXAS GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BOND, SERIES 2005 Bond Date: January 1, 2005 Registered Owner: Principal Amount: The City of Wylie (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Collin, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE 45550769.1 13 (Information to be inserted from schedule in Section 2 hereof). (or so much principal thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid Principal Amount hereof from the Bond Date at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2006. Principal installments of this Bond are payable in the year of maturity or on a prepayment date to the registered owner hereof by JPMorgan Chase Bank, N.A., Dallas, Texas (the "Paying Agent/Registrar"), upon its presentation and surrender, at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Bond whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Levy of Taxes. To provide for the payment of the "Debt Service Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their payment at maturity or redemption or a sinking fund of 2% (whichever amount is the greater), there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Bonds shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Bonds while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Bonds shall be kept and maintained by the City at all times while the Bonds are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Bonds shall be deposited to the credit of a "Special 2005 Bond Account" (the "Interest and Sinking Fund") maintained on the records of the City and deposited in a special fund maintained at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Bonds. Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/ Registrar for the Bonds, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of redemption prior to maturity; such transfers of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each principal and interest payment date for the Bonds. SECTION 11: Mutilated-Destroyed-Lost and Stolen Bonds. In case any Bond shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Bond of like form and tenor, and in the same denomination and bearing a number 45550769.1 14 not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Bond, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated, or destroyed, lost or stolen. Every replacement Bond issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds. SECTION 12: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as "arbitrage bonds" within the meaning of Section 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 Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Bonds such moneys were 45550769.1 15 deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. The term "Government Securities" 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 and (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 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. SECTION 13: Ordinance a Contract- Amendments - Outstanding Bonds. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section and in Section 28 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 Bonds then Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required to be held by Holders for consent to any such amendment, addition, or rescission. The term "Outstanding"when used in this Ordinance with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Ordinance, except: (1) those Bonds cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds deemed to be duly paid by the City in accordance with the provisions of Section 12 hereof; and (3) those mutilated, destroyed, lost, or stolen Bonds which have been replaced with Bonds registered and delivered in lieu thereof as provided in Section 11 hereof. SECTION 14: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section 14, the following terms have the following meanings: 45550769.1 16 "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148- 5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or 45550769.1 17 indirectly with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations), other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (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 45550769.1 18 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 Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds 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. (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 Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Underwriters 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 out of an appropriate fund, or if permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the Interest and Sinking Fund the amount that when added to the future value of previous rebate payments made for the Bonds 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 Bonds, 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 Bonds not been relevant to either party. (j) Elections. The City hereby directs and authorizes the Mayor, City Manager, Finance Director, Assistant City Manager and City Secretary, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as 45550769.1 19 they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. (k) Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued and (2) not more than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. (I) Not An Advance Refunding. The Bonds are a current refunding of the Refunded Obligations in that the Refunded Obligations are to be paid and redeemed in full on February 16, 2005, which date is within 90 days of the delivery date of the Bonds. SECTION 15: Sale of Bonds - Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold by the City to Southwest Securities Inc. and RBC Dain Rauscher Inc. (herein referred to as the "Underwriters") in accordance with the Purchase Agreement, dated January 11, 2005, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Mayor or Mayor Pro Tem is hereby authorized and directed to execute said Purchase Agreement for and on behalf of the City and as the act and deed of this City Council, and in regard to the approval and execution of the Purchase Agreement, the City Council hereby finds, determines and declares that the representations, warranties and agreements of the City contained in the Purchase Agreement are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Preliminary Official Statement by the Underwriters in connection with the public offering and sale of the Bonds 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, City Secretary, City Manager, Assistant City Manager, and Finance Director, one or more of said officials), shall be and is hereby in all respects approved and the Underwriters are hereby authorized to use and distribute said final Official Statement, dated January 11, 2005, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Underwriters, and such final Official Statement in the form and content manually executed 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 Underwriters. SECTION 16: Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Underwriters. Furthermore, the Mayor, Mayor Pro Tem, City Secretary, City Manager, Assistant City Manager, and Finance Director, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Bonds, including certifications as to facts, estimates, circumstances and reasonable expectations pertaining to the use, expenditure, and investment of the proceeds of the Bonds, as may be necessary for the approval of the Attorney General, the registration by the Comptroller of Public Accounts and the delivery of the Bonds to the Underwriters, and, together 45550769.1 20 with the City's financial advisor, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the Underwriters and the initial exchange thereof for definitive Bonds. SECTION 17: Proceeds of Sale. Immediately following the delivery of the Bonds, proceeds of sale in the sum of$ shall be deposited to with JPMorgan Chase Bank, N.A., Dallas, Texas (the "Deposit Agent") to pay the redemption price of the Refunded Obligations on February 16, 2005. The balance of the proceeds of sale of the Bonds shall be expended to pay costs of issuance and municipal bond insurance premium, and any excess amount budgeted for such purpose shall be deposited to the credit of the Interest and Sinking Fund. On or immediately prior to the date of the delivery of the Bonds, the Finance Director shall also cause to be deposited with the Deposit Agent from moneys on deposit in the interest and sinking funds maintained for the payment of the Refunded Obligations an amount which, together with the proceeds of sale, will be sufficient to pay in full the Refunded Obligations to be redeemed on February 16, 2005. SECTION 18: Redemption of Refunded Obligations. The bonds of that series known as "City of Wylie, Texas, Tax and Waterworks and Sewer System Surplus Revenue Refunding Bonds, Series 1993", dated August 1, 1993, maturing in the years 2006 through 2010, and aggregating in principal amount $1,865,000, shall be redeemed and the same are hereby called for redemption on February 16, 2005, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to bondholders, with JPMorgan Chase Bank, N.A., Dallas, Texas (successor paying agent/registrar to Ameritrust Texas, National Association), in accordance with the redemption provisions applicable to such bonds; such suggested form of notice of redemption being attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes. (b) The bonds of that series known as "City of Wylie, Texas, General Obligation Bonds, Series 1995", dated April 15, 1995, maturing in the years 2006 through 2015, and aggregating in principal amount $2,795,000, shall be redeemed and the same are hereby called for redemption on February 16, 2005, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to bondholders, with JPMorgan Chase Bank, N.A., Dallas, Texas (successor paying agent/registrar to Texas Commerce Bank National Association), in accordance with the redemption provisions applicable to such bonds; such suggested form of notice of redemption being attached hereto as Exhibit D and incorporated herein by reference as a part of this Ordinance for all purposes. The redemption of the obligations described above being associated with the advance refunding of such obligations, the approval, authorization and arrangements herein given and provided for the redemption of such obligations on the redemption dates designated therefor and in the manner provided shall be irrevocable upon the issuance and delivery of the Bonds; and the City Secretary is hereby authorized and directed to make all arrangements necessary to notify the holders of such obligations of the City's decision to redeem such obligations on the dates and in the manner herein provided and in accordance with the ordinances authorizing the issuance of the obligations and this Ordinance. 45550769.1 21 SECTION 19: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 20: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be returned to the City. SECTION 21: Legal Opinion. The obligation of the Underwriters to accept delivery of the Bonds is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Attorneys, Dallas, Texas, approving such Bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such Bonds. A true and correct reproduction of said opinion is hereby authorized to be printed on the definitive Bonds or an executed counterpart thereof shall accompany the global Bonds deposited with the Depository Trust Company. SECTION 22: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 23: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 24: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. 45550769.1 22 SECTION 25: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 26: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 27: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 28: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 2004) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 15 of this Ordinance, being the information described in Exhibit E hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit E hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. 45550769.1 23 (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of holders of the Bonds; 8. Bond calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Bonds; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Bond calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. Any filing required by this Section may be made solely by transmitting such filing to the Texas Municipal Advisory Council (the "MAC") as provided at http://www.disclosureusa.org unless the SEC has withdrawn the interpretive advice in its letter to the MAC dated September 7, 2004. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. 45550769.1 24 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 to the contrary in this Ordinance, the provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Bonds from lawfully purchasing or selling Bonds in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data filed with each NRMSIR and SID pursuant to subsection (b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 29: 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 30: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 31: Effective Date. This Ordinance shall take effect and be in full force from and after its adoption on the date shown below in accordance with V.T.C.A., Government Code, Section 1201.028. [remainder of page left blank intentionally] 45550769.1 25 PASSED AND ADOPTED, this January 11, 2005. CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary (City Seal) 45550769.1 26 EXHIBIT C NOTICE OF REDEMPTION CITY OF WYLIE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE REFUNDING BONDS SERIES 1993 DATED AUGUST 1, 1993 NOTICE IS HEREBY GIVEN that the bonds of the above series maturing on and after February 15, 2006 and aggregating in principal amount $1,865,000 have been called for redemption on February 16, 2005 at the redemption price of par and accrued interest to the date of redemption, such bonds being identified as follows: Year of Principal Amount Maturity Outstanding CUSIP Number 2006 $555,000 2007 $360,000 2008 $390,000 2009 $270,000 2010 $290,000 .ALL SUCH BONDS shall become due and payable on February 16, 2005, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said bonds shall be paid to the registered owners thereof only upon presentation and surrender of such bonds to JPMorgan Chase Bank, N.A., Dallas, Texas (successor paying agent/registrar to Ameritrust Texas National Association) at its designated offices at the following addresses: First Class/ Registered/Certified Express Delivery/Courier By Hand Only JPMorgan Chase Bank, N.A. JPMorgan Chase Bank, N.A. JPMorgan Chase Bank, N.A. Institutional Trust Services Institutional Trust Services Room 234-North Building P. O. Box 2320 2001 Bryan Street, 9th Floor Institutional Trust Dallas, Texas 75221-2320 Dallas, Texas 75201 Securities Window 55 Water Street New York, New York 10041 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to an ordinance by the City Council of the City of Wylie, Texas. JPMORGAN CHASE BANK Address: 2001 Bryan Street, 8th Floor Dallas, Texas 75201 45550769.1 EXHIBIT D NOTICE OF REDEMPTION CITY OF WYLIE, TEXAS, GENERAL OBLIGATION BONDS SERIES 1995 DATED APRIL 15, 1995 NOTICE IS HEREBY GIVEN that the bonds of the above series maturing on and after February 15, 2006 and aggregating in principal amount $2,795,000 have been called for redemption on February 16, 2005 at the redemption price of par and accrued interest to the date of redemption, such bonds being identified as follows: Principal Principal Year of Amount CUSIP Year of Amount CUSIP Maturity Outstanding Number Maturity Outstanding Number 2006 $210,000 2011 $285,000 2007 $225,000 2012 $300,000 2008 $235,000 2013 $320,000 2009 $250,000 2014 $340,000 2010 $265,000 2015 $365,000 .ALL SUCH BONDS shall become due and payable on February 16, 2005, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said bonds shall be paid to the registered owners thereof only upon presentation and surrender of such bonds to JPMorgan Chase Bank, N.A., Dallas, Texas (successor paying agent/registrar to Texas Commerce Bank National Association) at its designated offices at the following addresses: First Class/ Registered/Certified Express Delivery/Courier By Hand Only JPMorgan Chase Bank, N.A. JPMorgan Chase Bank, N.A. JPMorgan Chase Bank, N.A. Institutional Trust Services Institutional Trust Services Room 234-North Building P. O. Box 2320 2001 Bryan Street, 9th Floor Institutional Trust Dallas, Texas 75221-2320 Dallas, Texas 75201 Securities Window 55 Water Street New York, New York 10041 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to an ordinance by the City Council of the City of Wylie, Texas. JPMORGAN CHASE BANK Address: 2001 Bryan Street, 8th Floor Dallas, Texas 75201 45550769.1 Exhibit E to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 28 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B for the most recently concluded fiscal year. 2. The information in the Official Statement under Tables 1 through 6 and 8 through 15. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph 1 above 45550769.1 PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of January 11, 2005 (this "Agreement"), by and between the City of Wylie, Texas (the "Issuer"), and JPMorgan Chase Bank, N.A., a banking corporation organized and existing under the laws of the United States of America (the "Bank"), RECITALS WHEREAS, the Issuer has duly authorized and provided for the execution and delivery of its "City of Wylie, Texas, General Obligation Refunding and Improvement Bonds, Series 2005" (the "Securities"), dated January 1, 2005, such Securities scheduled to be delivered to the initial purchasers thereof on or about February 16, 2005; 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 "Bond Resolution" (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 "Bond Resolution". 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 for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. 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 45552967.1 EXHIBIT A of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). 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 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. "Bank Office" means the designated office of the Bank in Dallas, Texas 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. "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, City Manager, Assistant City Manager, or Finance Director, any one or more of said officials, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "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 Resolution). "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 Bond Resolution. 45552967.1 2 EXHIBIT A "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 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 Bond Resolution 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 Paving Agent. 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 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: P. O. Box 2320, Dallas, Texas 75221-2320 or 2001 Bryan Street, 91h Floor, Dallas, Texas 75201, Attention: Operations. 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. 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 at the dates specified in the Bond Resolution. 45552967.1 3 EXHIBIT A ARTICLE FOUR REG ISTRAR Section 4.01 Security Register- Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein 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 Bank may prescribe. All transfers, exchanges and replacement 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, in form satisfactory to the Bank, 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 Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities 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 Register. 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. 45552967.1 4 EXHIBIT A 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 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 Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, 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 Bond Resolution, 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, or 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 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, or 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 45552967.1 5 EXHIBIT A 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. (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 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. 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- Paying Agent Account/Collateralization. Money deposited by the Issuer with the Bank of the principal (or Redemption Price, if applicable) of or interest on any Securities shall be segregated from other funds of the Bank and the Issuer and shall be held in trust for the benefit of the Holders of such Securities. All money deposited with the Bank hereunder shall be secured in the manner and to the fullest extent required by law for the security of funds of the Issuer. Amounts held by the Bank which represent principal of and interest on the Securities remaining unclaimed by the owner after the expiration of three years from the date such amounts have become due and payable shall be reported and disposed of by the Bank in accordance with the provisions of Texas law including, to the extent applicable, 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 hereunder. 45552967.1 6 EXHIBIT A 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 offices 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. Section 5.08 DT 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. 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 page 9. Section 6.04 Effect of Headings. The Article and Section headings herein are for convenience 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. 45552967.1 7 EXHIBIT A 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 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 6.08 Entire Agreement. This Agreement and the Bond Resolution 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 Bond Resolution, the Bond Resolution shall govern. Section 6.09 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 6.10 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 given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and 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. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register(or a copy thereof), together with 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 6.11 Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. 45552967.1 8 EXHIBIT A IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. JPMORGAN CHASE BANK, N.A. BY: Title: [SEAL] Address: 2001 Bryan Street, 8th Floor Dallas, Texas 75201 Attest: Title: CITY OF WYLIE, TEXAS BY: Mayor Address: 2000 Highway 78 North Wylie, Texas 75098 (CITY SEAL) Attest: City Secretary 45552967.1 9 EXHIBIT A Aimee Nemer From: Brandi Lafleur[Website] Sent: Thursday, April 15, 2004 2:23 AM To: City of Wylie Subject: Boards and Commissions Volunteer Form Information Follows: name - Brandi Lafleur Date_of_application - 4/14/04 first_board - Planning and Zoning Commission second_board - Parks and Recreation Board third_board - Wyle Economic Develoment Corp. Board subcommittees - Yes home_address - 3507 Viburnum Drive home_phone - 214-474-2343 home_fax - 214-474-2901 HomeEmail - tklafleur@msn.com resident_years - 2 how_contact - Home Phone reg_voter -Yes bus_owner - No bus_name - occupation - bus_addy - bus_phone - bus_fax - bus_email - why - I would like to be more involved in my community. I am the VP/Treasurer of our HOA and think serving on a board would be beneficial to me and to my neighbors. Submit - Submit End of form information 28 Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Thursday, May 15, 2003 2:05 PM To: citysec©ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Joe Murphy Date_of_application: first_board: Planning and Zoning Commission second_board: Ambulance Advisory Board third_board: Parks and Recreation Board subcommittees: Yes home_addy: 1704 Lincoln Dr home_phone: 97244221 19 home_fax: home_email: joe.murphy@ps.net resident_years: 10 how_contact: Home Phone reg_voter: Yes bus_owner: No bus_name: occupation: Health Care Consultant bus_addy: 1 3737 Noel Road Dallas Texas bus_phone: 469 893 681 2 bus_fax: 469 893 7812 bus_email: joe.murphy@ps.net why: I have experience in many aspect of business,community service and healthcare. I am very interested in the future of Wylie and surrounding area. I feel that by bring my vast experience to one of your boards I could help the city and its citizens to continue the progress that is already in action. 1 r/ 40-/+ Boatcfs & Commission AppIiefioh Spring 2002 Please return to the City Secretary's Office 2000 Highway 78 North, Wylie, Texas 7509.8 .. Name: _ � ' / i c_ o f a c, .. i i,/ - . Please indicate your first,second and third preference below. Planning and Zoning Commission Construction Code Board Zoning Board of Adjustment Parks-&Recreation Board Library Board Wylie Economic Development Corporation Board . Ambulance Advisory Board es, I would be interested in serving on Subcommittees that may be formed. Personal Information Occupational Information Home Address: 5 6:7a r9 LJCz ✓ Business Owner? 0 Yes !eI No Telephone: -2' • LI L)a'•. 1-1 a 0 5- Business Name: Fax: — E-mail: Occupation: I have been a Wylie Resident for 3 years Business Address: if ..)1711------- Registered voter? 4[es 0 No Telephone: Fax: E-mail: Please indicate briefly why you would like to be appointed to a Board or Commission: 40 kf,e_f 11-ez„-io-C ii../KI "4-e a. zyi.v.4.... ,4,7)a/if- // , 5Q,4_, £- - x,, y . I am aware of the meeting dates and times of the board/commission I have applied and if appointed I agree to serve on the Board/Cominission which h e ap lied o wou co ' er an alternate appointment to a second or third sere' a preference (...----''/ , Cil 7 I# , 1 6 0 Si ature Di,e FOR OFFICE USE ONLY Date Application Rq�eived I I -1- 0 New Applicant? es ❑No If no,previously served on the Board/Commission . ❑ ttended Applicant's Reception tire_ Year(s) Applicant Interview scheduled: (tire_ " .a-. '9.•OI© . ❑ Appointment made to: Term Expires: . ❑ Statement&Oath Complete R No Appointment made at this time. Retain application until May 2003. lj ,,3 'Tb rY "' � G k-iw`"'L �Ce/7 l � Board c Commission A8 Commission Application Spring zoo3 Please return your completed application to the City Secretary's Office at z000 Highway 78 north,Wylie,Texas 75o98. Name: J r%i r i y' D� ,, �-, Please indicate your first, second and third preference below. i Construction Code Board L—'Manning&Zoning Board Library Board Wylie Economic Development Corporation Board Parks&Recreation Board L— oning Board of Adjustments Y"Yes, I would be interested in serving on subcommittees that may be formed Personal Information Occupational Information �' /-7; m r r' Business Owner? ❑Yes No Home Address: � � � c7 � � Telephone: q 72 4.1.i 2 y y.e.. 1I s- Fax: Business Name: E-mail: Occupation: I have been a Wylie Resident for fa years Business Address: Registered voter? (IZf Yes U No Telephone: Fax. Have you ever or do you currently serve on any city boards? ❑ YeskNo If so, what board/city and dates? • Are you involved in any community activities? (Civic or Hobbies) ❑ Yes $f No Please indicate briefly why you would like to be appointed to a Board or Commission: 7- tOr,itr f ' l r Jr e to ,S Pl i P .A y Li • I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference fj'� J2yv�c� f`/--C/✓, nature / Date FOR OFFICE USE ONLY Date Application Received Nev Applicant? Yes(❑ ❑No If no,applicant previously served on Board Via:Dwebsite❑mail Din person❑referral❑newspaper', Attended Applicant's Reception?❑Yes❑No (dates) Applicant Interview Scheduled; Appointment made to Tenn Expires ❑Statement&Oath Completed ONO appointment made at this time,retain application for one year. Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Thursday, May 29, 2003 1:54 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ..***********************************— ************************************** name: john nuss Date_of_application: 5/29/03 first board: Parks and Recreation Board second_board: Planning and Zoning Commission third_board: Construction Code Board subcommittees: Yes home_addy: 319 lake texoma dr. home_phone: 972-429-8730 home_fax: home_email: john.nuss@wylieisd.net resident_years: 1 how_contact: Home Phone reg_voter: Yes bus_owner: No bus_name: occupation: teacher - burnett junior high school bus_addy: bus_phone: bus_fax: bus_email: why: i feel that i have a lot of ideas. i am also a good motivator. i work well with all people, and am interested in improving the community to make it a first class city. Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Thursday, May 15, 2003 2:05 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application *******************************************************- --****************** name: Joe Murphy Date_of_application: first_board: Planning and Zoning Commission second_board: Ambulance Advisory Board third_board: Parks and Recreation Board subcommittees: Yes home_addy: 1704 Lincoln Dr home_phone: 97244221 19 home_fax: home_email: joe.murphy@ps.net resident_years: 10 how_contact: Home Phone reg_voter: Yes bus_owner: No bus_name: occupation: Health Care Consultant bus_addy: 13737 Noel Road Dallas Texas bus_phone: 469 893 6812 bus_fax: 469 893 7812 bus_email: joe.murphy@ps.net why: I have experience in many aspect of business,community service and healthcare. I am very interested in the future of Wylie and surrounding area. I feel that by bring my vast experience to one of your boards I could help the city and its citizens to continue the progress that is already in action. Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Tuesday, May 13, 2003 9:50 AM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Jamie Van Eaton Date_of_application: May 14, 2003 first_board: Planning and Zoning Commission second_board: Parks and Recreation Board third_board: Library Board subcommittees: Yes home_addy: 1001 Oakbrook Drive, Wylie, Texas home_phone: 972-429-4982 home_fax: home_email: cleochatra2000@yahoo.com resident_years: 3 how_contact: Home Phone reg_voter: Yes bus owner: No bus_name: occupation: bus_addy: bus_phone: bus_fax: bus email: why: I moved to Wylie with my husband and children straightaway from Portland, Oregon, and I've never looked back. I want to do what I can to keep Wylie the very best it can be, while working closely with the City Council, the City of Wylie and people of Wylie to achieve an even better Wylie (if such a thing is possible). I have some leadership experience, along with a great sense of humor, love to meet people, am a hard worker, and will do what I can to serve my appointed position in the best way I possibly can, knowing that I am an extension of the great people and the City of Wylie herself. I will do my best to educate myself as- per the laws, the history, the goals and the future and growth which Wylie is undergoing, and look forward to the possibility of becoming a more educated citizen and advocate/volunteer for our city through such a board appointment. Thank you for this opportunity for citizens to show an active and purposeful interest in our city! Wylie really is a wonderful way of life. 1 Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Monday, May 12, 2003 10:15 AM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Chris Seely Date_of_application: May 12, 2003 first_board: Planning and Zoning Commission second_board: Parks and Recreation Board third_board: Wyle Economic Develoment Corp. Board subcommittees: Yes home_addy: 1415 Quail Meadow Drive home_phone: 972-429-7177 home_fax: 972-239-3820 home_email: chris.seely@kimley-horn.com resident_years: 1 how_contact: Home Email reg_voter: Yes bus_owner: No bus_name: occupation: bus_addy: bus_phone: bus_fax: bus_email: why: I have lived in the Wylie area for a little over 1 year. I have attended many of the City Council meetings and spoken with the City Planner to find out more on what is going on in Wylie. I have a sincere interest in my city and wish to serve in a capacity where I may participate in continuing to make it better for the citizens and for future growth. 712k3 Aimee Nemer From: cehrlich [cehrlich c@ci.wylie.tx.us] Sent: Friday, May 23, 2003 9:41 AM To: 'Aimee Nemer' Subject: FW: Boards and Commissions Application Original Message From: webserver@ci.wylie.tx.us [mailto:webserver@ci.wylie.tx.us] Sent: Thursday, May 22, 2003 6:44 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******* name: Wm.Troy Cunningham Date_of_application: 05/22/2003 first_board: Planning and Zoning Commission second_board: Wyle Economic Develoment Corp. Board third_board: Parks and Recreation Board subcommittees: Yes home_addy: 302 N. Ballard, Wylie, Tx. 75098 home_phone: 972-442-5311 home_fax: 972-442-6571 home_email: troy.w.cunningham@ipmchase.com resident_years: 4 how_contact: Home Phone reg_voter: Yes bus_owner: No bus_name: occupation: Mortgage loan officer bus_addy: 12750 Merit Dr. Dallas, Tx 75251 bus_phone: 469-363-1672 bus_fax: 972-442-531 1 bus_email: troy.w.cunningham@ipmchase.com why: As a homeowner in Wylie(downtown)I am excited and concerned with all the growth. I believe that I can bring positive ideas and recomendations as my family and I have made a committment to Wylie. 6,4 4144 - (\j4kYIK-- °PP' l(trk Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Wednesday, May 14, 2003 6:59 PM To: citysec c©ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Keven Sticher Date_of_application: 05/14/03 first_board: Parks and Recreation Board second_board: Wyle Economic Develoment Corp. Board third_board: Planning and Zoning Commission subcommittees: Yes home_addy: 209 Lochwood home_phone: 214-474-4747 home_fax: home_email: ksticher@yahoo.com resident_years: 3 how_contact: Home Phone req_voter: Yes bus_owner: No bus_name: occupation: Project Manager bus_addy: 1 100 Jupiter bus_phone: 972-578-5798 x 211 bus_fax: 973-396-1206 bus_email: ksticher@datatec.com why: I would like to get more involved with the community. (01� siopp.ty,CeyVict oc)./24.A1 C�- - i ��,, 1 / Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Friday, May 09, 2003 8:14 AM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Michael Shawn Moore Date_of_application: 05/09/2003 first_board: Wyle Economic Develoment Corp. Board second_board: Parks and Recreation Board third_board: Planning and Zoning Commission subcommittees: Yes home_addy: 1302 Lonesome Dove Trail home_phone: 972-429-1425 home_fax: home_email: mmoore@dcschools.com resident_years: 2 how_contact: Home Phone reg_voter: Yes bus_owner: No bus_name: occupation: Route Coordinator - Systems/Data Analyst bus_addy: 612 North Zang bus_phone: 214-944-4542 bus_fax: 214-944-4 5 64 bus_email: mmoore@dcschools.com why: I desire to see changes take place in Wylie that will help the community to grow in a positive direction. I hope to one day be on the city council and figure that the best way to learn more about the community is to serve it. I feel that my leadership skills and utilitarian character would benefit any of the 3 Boards I have selected. '/ 'O • (rYY )2 gem I . Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Wednesday, May 21, 2003 2:33 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Brittany A. Cooley Date_of_application: May 21 , 2003 first_board: Library Board second_board: Parks and Recreation Board third_board: Wyle Economic Develoment Corp. Board subcommittees: Yes home_addy: 300 Crabapple Drive home_phone: 214-621 -0314 home_fax: home_email: brittcooley@yahoo.com resident_years: 1 how_contact: Home Phone req_voter: Yes bus_owner: No bus_name: occupation: Administrative Assistant bus_addy: 101 Renner Road, Suite 290 bus_phone: 972-235-9547 bus_fax: bus_email: bcooley@mdd.net why: I love my community and enjoy keeping Wylie on the right track to its successful future! =) loP. 'YO p m 711c, n,Y16.412.,- a!akw,,,_, off. ( . 71AAJJ Appliatt er nd 8 (OIIINKmII S)IiI1g n_3 Please return your completed application to the City Secretary's Office at z000 Highway 78 North,Wylie,Texas 7Sog8. Name: dVgieFJ /21 - C E-J//i2L .1�2- Please indicate your first, second and third preference Construction Code Board _ Planning & Zoning Board Library Board _ Wylie Economic Development Corporation Board Parks & Recreation Board Zoning Board of Adjustments ® Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Home Address: 0(0 iail"-`,�_� e. Telephone: 2?Z, f20 /7V V Fax: Z-W2'1543 E-mail: G -rt . be e✓>I,u,LoieisdA-/hJ.c.e1.•, I have been a Wylie Resident for 'j'l years Registered voter? p Yes E No Occupational Information Business Owner? Yes E No // Occupation: e06✓r"< ift-c.OK ( eI7—&(( /dci Business Name: 3-rnn i iiIl,0t'yi,d— D•4-'/A ,_i>i-' Business Address: 00.5 rioft/Ly Lam► p Telephone: 772-5/'/2-7670/ Fax: 9'7Z-ofe /S63 E-mail: Cci-Akt e 10.d-i-e4Aotat Icley. c,x.,„... Have you ever or do you currently serve on any city boards? n Yes [LNo If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) ] Yes lki No \1.3 P u.) .t SD Le, -4. J 3 C7eAS try.s Please indicate briefly why you would like to be appointed to a Board or Commission: c ,ire-,__ �� 2 S cAe..i rs v�r 4,C,Q e-v‘ c_e apci IN \/3.,...4 ..... .40., ..Lv.a..., t.„...\. , vr,,s:- st.A.- ‘..).)\k\ v ,..su,.\-, -..A., -\-A,........_ G„\on,--i-c, 4 C Ull•A.' I am aware of the meeting dates and times of the board/commission I have applied and if appointed, I agree to serve on the Board/Commission which I have ap d, would consid an alter ate appointment to a second or third service preference. e r„f 5—Lv' ^03 Signature Date FOR OFFICE USE PI Date App Rec'd New Applicant? CIYes ❑No If no, applicant previously served on Board Via: ❑website mail Din person ❑referral ❑ne spaper Attended Applicant's Reception? ❑Yes ❑No (dates) Applicant Interview Scheduled: 10D Ap intment made to Term Expires ❑ Statement&Oath Completed CCJJ No�r appointment made a�tthiis time, retain application for one year. �Klf✓l ga.,ain't b C4_ -7 Iyob...a i i rd 8 ommisskinAppraisal Spring g Please return your completed application to the City Secretary's Once at z000 Highway 78 north,Wylie,Texas 7Sog8. Name: C\eUI l Sal-MI Please indicate your first, second and third preference 1 _ Construction Code Board c- Planning & Zoning Board ____ Library Board _ Wylie Economic Development Corporation Board Parks & Recreation Board _3_ Zoning Board of Adjustments Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Home Address: LQO S I Mess ,_'s j nitki?_0(b 1 f 1 3 _ Telephone: "'I1c4 34j c 040 Fax: q a"`lL� -q (bE-mail: 3-110lWach os e Clot .cam I have been a Wylie Resident for 3 years Registered voter? Er/ es n No Occupational Information Business Owner? a Yes n No Occupation: TVA �t°'WM_& ��.Qi�(L)le CS -Business Name: V 1rkwe \\rC )(Y bt L L°Q.s ti/ric. ' i� Business Address: L,Q I ) ;4 430 �% -;��l, e_. I - U g Telephone: Qic3-`'l`0" 4 3 Fax: E-mail:9-()--"(-1`0" 1''1( \n6vQ VC'-e 0 O(`con? Have you ever or do you currently serve on any city boards? Yes Ei/No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) Q Yes I— No v mrNLA--e_,(- l atkliys; - 64-1�S Please indicate briefly why you would like to be appointed to a Board or Commission: J 4 twau ki. 6. ti .. a btv 4V961-- tna ¢c - (-0, c. -12 a, w cid. et I am aw�waare of the mee . g dates times of the board/commission I have applied and if appointed, I agree to serve on the Board/Commission which I have applied, or would consider an alternate appointment to a second or third service preference. ..) ,25,_.20\irn <3/3 ‘/6-3 Signature Date FOR OFFICE USE OILY Date App Rec'd New Applicant? Byes ❑No If no, applicant previously served on Board Via: ❑website ail ❑i erson ❑referral; ❑n wspaper Attended Applicant's Reception? ❑Yes ❑No (dates) Applicant Interview Scheduled: A ointment made to Term Expires 0 Statement&Oath Completed+ � �` No appointment made at this time, retain application for one year. 7 if Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Thursday, May 29, 2003 1:54 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: john nuss Date_of_application: 5/29/03 first_board: Parks and Recreation Board second_board: Planning and Zoning Commission third_board: Construction Code Board subcommittees: Yes home_addy: 319 lake texoma dr. home_phone: 972-429-8730 home_fax: home_email: john.nuss@wylieisd.net resident_years: 1 how_contact: Home Phone reg_voter: Yes bus_owner: No bus_name: occupation: teacher - burnett junior high school bus_addy: bus_phone: bus_fax: bus_email: why: i feel that i have a lot of ideas. i am also a good motivator. i work well with all people, and am interested in improving the community to make it a first class city. . nr --NP.1crp. IJ Board 8 Commission Application Spring zoo3 Please return your completed application to the(ity Secretary's Office at z000 Highway 18 North,Wylie,Texas 7Sog8. ,�Name: CrYVY•-J Please indicate your first, second and third preference below. Construction Code Board ✓Planning&Zoning Board Library Board Wylie Economic Development Corporation Board Parks&Recreation Board / Zoning Board of Adjustments D Yes, I would be interested in serving on subcommittees that may be formed Personal Information Occupational Information Home Address: 1 0 2 / Oa Jr $rd4 If Business Owner? ❑Yes ❑No Telephone: q 7 2 4/2 9 gG y,4"--Fax: Business Name: E-mail: Occupation: I have been a Wylie Resident for years Business Address: Registered voter? ❑Yes ❑No Telephone: Fax: Have you ever or do you currently serve on any city boards? ❑ Yes ❑ No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) E Yes ❑ No l=e ijo ara- -r 1\o $ or- Please indicate briefly why you would like to be appointed to a Board or Commission: -To be, tYl or t, i nvo 1 ue.A, w i#-t- + G;4-,.t . l..Ja.-heAA for -t-fve C.-E-k.s -C-or- 30 yes •C., of Eio,ir t 42%.+ :%n e -4" ,55 e w o.a.e. c cxri meort+ . • I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference. 2, 7-,."-oy Cc.f.,--.# gnature Date FOR OFFICE USE ONLY Date Application Receiv New Applicant?9Yes 1]No If no,applicant previously served on Board Via.Dwebsite',Dmail Qin person ferral DnewsPe� AAtt detd APtPlicant'ts Reception. DYes DNo TEx (dat(dates) Applicant Interview Scheduled: , nmeo ermpires (n/❑Statement&Oath Completed No appointment made at this time,retain application for one year. Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Tuesday, May 27, 2003 8:31 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Bennett Wayne Simmons Date_of_application: May 27. 2003 first_board: Parks and Recreation Board second_board: Planning and Zoning Commission third_board: Zoning Board of Adjustment subcommittees: Yes home_addy: 700 MISS ELLIE CR. home_phone: 972-429-1420 home_fax: home_email: bennettway@aol.com resident_years: 7 how_contact: Home Phone req_voter: Yes bus_owner: No bus_name: occupation: Service Team Leader/Ben E. Keith Beers Dallas, TX bus_addy: 1805 Record Crossing Dallas, Tx 75235 bus_phone: 214-634-1501 ext#456 or 214-878-7027 bus_fax: bus_email: why: I would like to sit at a park with my kids or grand kids and be able to tell them that I helped make the playground, ball-field, that they are playing-on possible. Or, I can tell the kids that I can remember when it was nothing but a empty lot with nothing on it. C 7 • c") 0 Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Tuesday, May 20, 2003 8:02 AM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Michael J. Wietecha Date_of_application: May, 20, 2003 first_board: Parks and Recreation Board second_board: Planning and Zoning Commission third_board: Planning and Zoning Commission subcommittees: Yes home_addy: 303 South Foxwood Ln home_phone: 972-429-9552 home_fax: 972-429-9785 home_email: mike.wietecha@fnc.fujitsu.com resident_years: 5 how_contact: Business Email req_voter: No bus_owner: No bus_name: occupation: Sr. Mgr, Technical Services bus_addy: 2801 Telecom Pkwy, Richardson bus_phone: 972-479-7669 bu s_fax: 9 72-479-2 901 bus_email: mike.wietecha@fnc.fujitsu.com why: I would like to be appointed to the Parks and Recreation Board. With my background working with swimming pools, YMCA day camps and swimming coach, I belive that I can contribute a great deal. I also have a 13 year old daughter that would benefit from the local parks and activities. afft.— N2,61/cep. lostttLipen- 9,(top 1 Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Tuesday, May 27, 2003 8:31 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Bennett Wayne Simmons Date_of_application: May 27. 2003 first_board: Parks and Recreation Board second_board: Planning and Zoning Commission third_board: Zoning Board of Adjustment subcommittees: Yes home_addy: 700 MISS ELLIE CR. home_phone: 972-429-1420 home_fax: home_email: bennettway@aol.com resident_years: 7 how_contact: Home Phone reg_voter: Yes bus_owner: No bus_name: occupation: Service Team Leader/Ben E. Keith Beers Dallas, TX bus_addy: 1805 Record Crossing Dallas, Tx 75235 bus_phone: 214-634-1501 ext#456 or 214-878-7027 bus_fax: bus_email: why: I would like to sit at a park with my kids or grand kids and be able to tell them that I helped make the playground, ball-field, that they are playing-on possible. Or, I can tell the kids that I can remember when it was nothing but a empty lot with nothing on it. Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Tuesday, May 20, 2003 8:02 AM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Michael J. Wietecha Date_of_application: May, 20, 2003 first_board: Parks and Recreation Board second_board: Planning and Zoning Commission third_board: Planning and Zoning Commission subcommittees: Yes home_addy: 303 South Foxwood Ln home_phone: 972-429-9552 home_fax: 972-429-9785 home_email: mike.wietecha@fnc.fujitsu.com resident_years: 5 how_contact: Business Email reg_voter: No bus_owner: No bus_name: occupation: Sr. Mgr, Technical Services bus_addy: 2801 Telecom Pkwy, Richardson bus_phone: 972-479-7669 bus_fax: 972-479-2901 bus_email: mike.wietecha@fnc.fujitsu.com why: I would like to be appointed to the Parks and Recreation Board. With my background working with swimming pools, YMCA day camps and swimming coach, I belive that I can contribute a great deal. I also have a 13 year old daughter that would benefit from the local parks and activities. CITY OF WYLIE Item No. 1A City Secrets s Use Only 4b PARK AND RECREATION FACILITIES DEVELOPMENT CORP. MEETING FOR: Regular X Meeting of: January 11, 2005 Special Called Meeting Department: City Manager Prepared By: Mindy Manson Date Prepared: January 4, 2004 Exhibits: Resolution, Project Contract AGENDA SUBJECT: Discussion and consideration of a resolution authorizing the Wylie Park and Recreation Facilities Development Corporation to enter into a Project Contract with the City of Wylie, Texas and resolving other matters incident and related thereto. RECOMMENDED ACTION: Approval of Resolution. SUMMARY: The adoption of the ordinance authorizing the issuance of Certificates of Obligation (COs) is scheduled to take place during the January 11, 2005 Council meeting. While the legal pledge is a combination of taxes and a limited pledge of water and sewer revenues, the City is not precluded from using otherwise lawfully and unencumbered funds such as those moneys received from the 4B Corporation to pay the debt. The Project Contract establishes the fact that the City and the 4B Board have determined to undertake a project for the purchase of land for a municipal government complex and recreational facilities. Further, that the best and most cost effective manner to finance the costs of the project would be for the City to issue COs with the understanding and agreement of the Corporation to pay the costs of such a project by remitting to the City, from the sales tax receipts, the principal and interest on the COs. The Contract further states that the debt service shall be incorporated in the Corporation's annual budget. APPROVED BY: Initial Date Department Director: MM \ 1/5/2005 City Manager: r19Be \ /-?-o( PROJECT CONTRACT THIS PROJECT CONTRACT ("Contract") executed by and between the City of Wylie, Texas ("City"), a home rule municipality created, existing and organized under the laws of the State of Texas and the City's home rule charter and the Wylie Park And Recreation Facilities Development Corporation ("Corporation"), a nonprofit corporation created and organized under the laws of the State of Texas, particularly Section 4B of the Development Corporation Act of 1979, Article 5190.6, Vemon's Texas Civil Statutes, as amended. WITNESSETH WHEREAS, in accordance with the provisions of Section 4B of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes (the "Act"), as amended, an election was duly held and conducted in the City on the 15th day of January, 1994, to submit a proposition to the voters of the City on the question of the adoption of a sales and use tax within the City at a rate of one-half of one percent for the purpose of promoting economic development by funding parks, park facilities, recreational programs and other park and recreation related expenses in accordance with the Act; and WHEREAS, the proposition submitted to the voters of the City at said election was duly approved, and thereafter the City created the Corporation as authorized by the Act; and a certificate of incorporation for the Corporation was issued by the Secretary of State of Texas; and WHEREAS, the Act provides that the receipts received from the collection of the local sales and use tax of one-half cent ("Sales Tax") for the benefit of the Corporation may be used to pay the costs of"projects" described in Subsection (a) of Section 4B of the Act which include land, buildings, equipment, facilities and improvements found by the Board of Directors of the Corporation to "be required or suitable for use for professional and amateur (including children's) sports, athletic, entertainment, tourist, convention and public park purposes and events, including stadiums, ballparks, auditoriums, amphitheaters, concert halls, learning centers, parks and park facilities, open space improvements, museums, exhibition facilities, and related store, restaurant, concession, and automobile parking facilities; related area transporation facilities and related roads, streets, and water and sewer facilities and other related improvements that enhance any such items"; and WHEREAS, City Council of the City and Board of Directors of the Corporation have determined to undertake a project to include, among other things, the purchase of land for City recreational facilities (the "Project"); and WHEREAS, after considering the options available to finance the costs of the Project, the City and Corporation have further determined that the best and most cost effective manner to finance the costs of said improvements would be for the City to issue certificates of obligations secured in part from the City's ad valorem taxing authority and with the understanding and agreement of the Corporation to help pay the costs of such Project by remitting to the City from the receipts from the Sales Tax amounts to be applied to the payment of the principal of and interest on the certificates of obligation to be issued by the City to finance Project costs as the same shall become due and payable; NOW, THEREFORE, in consideration of the covenants and agreements herein made, and subject to the conditions herein set forth, the City and the Corporation agree as follows: 45556187.1 Section 1. DEFINITIONS AND INCORPORATION OF PREAMBLES. The terms and expressions used in this Contract, unless the context shows clearly otherwise, shall have meanings set forth herein, including terms defined in the preambles hereto, which preambles are incorporated herein and made a part hereof for all purposes. Section 2. FINANCING OF PROJECT. The parties agree and understand the costs of Project are to be paid from the proceeds received from the sale of certificates of obligation authorized to be issued and sold by the City on the 11th day of January, 2005 in a principal amount not to exceed $6,350,000 ("Obligations"). Section 3. OBLIGATION OF THE CORPORATION. The Corporation agrees to pay to the City a portion of the principal of and interest on the Obligations as the same shall become due and payable. As soon as possible following the issuance and sale of the Obligations, the City shall furnish the Corporation a debt retirement schedule for such Obligations. On or about 45 days prior to the next succeeding interest payment date for the Obligations, the City will notify the Corporation of the amount due from the Corporation on such interest payment date, taking into account any other funds which the City has allocated to the payment of such debt retirement. Upon being furnished with such notice, the Corporation agrees to pay to the City on or before the 30th day preceding such interest payment date, the amount so indicated in the notice from the City. The Corporation further agrees the payments due hereunder to the City for the payment of the debt service on the Obligations will be incorporated and included the Corporation's annual budget, as adopted or amended, and the City shall be entitled to a claim on and right to the amounts budgeted each year for the payment of the debt service requirements on the Obligations. Section 4. OBLIGATION OF THE CITY. The City shall own the Project and shall be solely responsible for the maintenance of the Project and the payment of the Obligations, and the Corporation shall have no liability with respect to the operation or maintenance of the Project or the Obligations other than to make the payments to the City herein contemplated from the Corporation's receipts from the Sales Tax levied and allocated for the Corporation's benefit. Section 5. FORCE MAJEURE. If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable 45556187.1 2 to it in the judgment of the party having the difficulty. It is specifically excepted and provided, however, that in no event shall any Force Majeure relieve the City of its obligation to transfer Sales Tax revenues to the Corporation as required under the Act. Section 6. REGULATORY BODIES. This Contract shall be subject to all valid rules, regulations, and laws applicable thereto passed or promulgated by the United States of America, the State of Texas, or any governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. Section 7. TERM OF CONTRACT. That the term of this Contract shall be for the period during which the Obligations are Outstanding. IN WITNESS WHEREOF, the Corporation and the City, acting under authority of their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the day of 2005, which is the date of this Contract. WYLIE PARK AND RECREATION CITY OF WYLIE, TEXAS FACILITIES DEVELOPMENT CORPORATION By By President, Board of Directors Mayor ATTEST: ATTEST: Secretary, Board of Directors City Secretary (Corporate Seal) (City Seal) 45556187.1 3 RESOLUTION NO. 2005-XX A RESOLUTION OF THE WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION APPROVING AND AUTHORIZING THE EXECUTION OF A PROJECT CONTRACT WITH THE CITY OF WYLIE, TEXAS. WHEREAS, the City Council of the City of Wylie, Texas (the "City"), has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for the purchase of land for a City municipal government complex and City recreational facilities (the "Project"); and WHEREAS, the Board of Directors of the Wylie Park and Recreation Facilities Development Corporation (the "Corporation") has agreed to pay a portion of the costs of such Project by remitting to the City from the receipts from the local sales and use taxes received by the Corporation; and WHEREAS, a Project Contract by and between the Corporation and the City (substantially in the form and content attached hereto as Exhibit A) has been submitted to the Board of Directors for approval and execution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION: The Project Contract by and between the Corporation and the City (substantially in the form and content of Exhibit A attached hereto and incorporated herein by reference as a part hereof for all purposes) is hereby approved, and the President and Secretary of the Board of Directors are hereby authorized and directed to execute and deliver such Project Contract for and on behalf of the Corporation and as the act and deed of this Board. DULY PASSED AND APPROVED this the 11th day of January, 2005. President, Board of Directors Wylie Park And Recreation Facilities Development Corporation ATTEST: Secretary Wylie Park And Recreation Facilities Development Corporation 45556185.1/10415631 CITY OF WYLIE Item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 11, 2005 Special Called Meeting Department: City Manager Prepared By: Mindy Manson Date Prepared: January 4, 2005 Exhibits: Resolution, Project Contract AGENDA SUBJECT: Discussion and consideration of a resolution authorizing the City of Wylie, Texas to enter into a Project Contract with the Wylie Park and Recreation Facilities Development Corporation and resolving other matters incident and related thereto. RECOMMENDED ACTION: Approval of Resolution. SUMMARY: The adoption of the ordinance authorizing the issuance of Certificates of Obligation (COs) is scheduled to take place during the January 11, 2005 Council meeting. While the legal pledge is a combination of taxes and a limited pledge of water and sewer revenues, the City is not precluded from using otherwise lawfully and unencumbered funds such as those moneys received from the 4B Corporation to pay the debt. The Project Contract establishes the fact that the City and the 4B Board have determined to undertake a project for the purchase of land for a municipal government complex and recreational facilities. Further, that the best and most cost effective manner to finance the costs of the project would be for the City to issue COs with the understanding and agreement of the Corporation to pay the costs of such a project by remitting to the City, from the sales tax receipts, the principal and interest on the COs. The Contract further states that the debt service shall be incorporated in the Corporation's annual budget. APPROVED BY: Initial Date Department Director: MM \ 1/5/2005 City Manager: M,ioe. \ /-?-or RESOLUTION NO. 2005-03(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS APPROVING AND AUTHORIZING THE EXECUTION OF A PROJECT CONTRACT WITH THE WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION. WHEREAS, the City Council of the City of Wylie, Texas (the "City"), has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for the purchase of land for a City municipal government complex and City recreational facilities (the "Project"); and WHEREAS, the Board of Directors of the Wylie Park and Recreation Facilities Development Corporation (the "Corporation") has agreed to pay a portion of the costs of such Project by remitting to the City from the receipts from the local sales and use taxes received by the Corporation; and WHEREAS, a Project Contract by and between the Corporation and the City (substantially in the form and content attached hereto as Exhibit A) has been submitted to the City Council for approval and execution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: The Project Contract by and between the Corporation and the City (substantially in the form and content of Exhibit A attached hereto and incorporated herein by reference as a part hereof for all purposes) is hereby approved, and the Mayor and City Secretary are hereby authorized and directed to execute and deliver such Project Contract for and on behalf of the City and as the act and deed of this Council. DULY PASSED AND ADOPTED, this 11th day of January, 2004. Mayor, City of Wylie, Texas ATTEST: City Secretary, City of Wylie, Texas (City Seal) Resolution 2005-03(R) Wylie Park and Recreation Facilities Dev. Corp. PROJECT CONTRACT THIS PROJECT CONTRACT ("Contract") executed by and between the City of Wylie, Texas ("City"), a home rule municipality created, existing and organized under the laws of the State of Texas and the City's home rule charter and the Wylie Park And Recreation Facilities Development Corporation ("Corporation"), a nonprofit corporation created and organized under the laws of the State of Texas, particularly Section 4B of the Development Corporation Act of 1979, Article 5190.6, Vemon's Texas Civil Statutes, as amended. WITNESSETH WHEREAS, in accordance with the provisions of Section 4B of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes (the "Act"), as amended, an election was duly held and conducted in the City on the 15th day of January, 1994, to submit a proposition to the voters of the City on the question of the adoption of a sales and use tax within the City at a rate of one-half of one percent for the purpose of promoting economic development by funding parks, park facilities, recreational programs and other park and recreation related expenses in accordance with the Act; and WHEREAS, the proposition submitted to the voters of the City at said election was duly approved, and thereafter the City created the Corporation as authorized by the Act; and a certificate of incorporation for the Corporation was issued by the Secretary of State of Texas; and WHEREAS, the Act provides that the receipts received from the collection of the local sales and use tax of one-half cent ("Sales Tax") for the benefit of the Corporation may be used to pay the costs of "projects" described in Subsection (a) of Section 4B of the Act which include land, buildings, equipment, facilities and improvements found by the Board of Directors of the Corporation to "be required or suitable for use for professional and amateur (including children's) sports, athletic, entertainment, tourist, convention and public park purposes and events, including stadiums, ballparks, auditoriums, amphitheaters, concert halls, learning centers, parks and park facilities, open space improvements, museums, exhibition facilities, and related store, restaurant, concession, and automobile parking facilities; related area transporation facilities and related roads, streets, and water and sewer facilities and other related improvements that enhance any such items"; and WHEREAS, City Council of the City and Board of Directors of the Corporation have determined to undertake a project to include, among other things, the purchase of land for City recreational facilities (the "Project"); and WHEREAS, after considering the options available to finance the costs of the Project, the City and Corporation have further determined that the best and most cost effective manner to finance the costs of said improvements would be for the City to issue certificates of obligations secured in part from the City's ad valorem taxing authority and with the understanding and agreement of the Corporation to help pay the costs of such Project by remitting to the City from the receipts from the Sales Tax amounts to be applied to the payment of the principal of and interest on the certificates of obligation to be issued by the City to finance Project costs as the same shall become due and payable; NOW, THEREFORE, in consideration of the covenants and agreements herein made, and subject to the conditions herein set forth, the City and the Corporation agree as follows: 45556187.1 Section 1. DEFINITIONS AND INCORPORATION OF PREAMBLES. The terms and expressions used in this Contract, unless the context shows clearly otherwise, shall have meanings set forth herein, including terms defined in the preambles hereto, which preambles are incorporated herein and made a part hereof for all purposes. Section 2. FINANCING OF PROJECT. The parties agree and understand the costs of Project are to be paid from the proceeds received from the sale of certificates of obligation authorized to be issued and sold by the City on the 11th day of January, 2005 in a principal amount not to exceed $6,350,000 ("Obligations"). Section 3. OBLIGATION OF THE CORPORATION. The Corporation agrees to pay to the City a portion of the principal of and interest on the Obligations as the same shall become due and payable. As soon as possible following the issuance and sale of the Obligations, the City shall furnish the Corporation a debt retirement schedule for such Obligations. On or about 45 days prior to the next succeeding interest payment date for the Obligations, the City will notify the Corporation of the amount due from the Corporation on such interest payment date, taking into account any other funds which the City has allocated to the payment of such debt retirement. Upon being furnished with such notice, the Corporation agrees to pay to the City on or before the 30th day preceding such interest payment date, the amount so indicated in the notice from the City. The Corporation further agrees the payments due hereunder to the City for the payment of the debt service on the Obligations will be incorporated and included the Corporation's annual budget, as adopted or amended, and the City shall be entitled to a claim on and right to the amounts budgeted each year for the payment of the debt service requirements on the Obligations. Section 4. OBLIGATION OF THE CITY. The City shall own the Project and shall be solely responsible for the maintenance of the Project and the payment of the Obligations, and the Corporation shall have no liability with respect to the operation or maintenance of the Project or the Obligations other than to make the payments to the City herein contemplated from the Corporation's receipts from the Sales Tax levied and allocated for the Corporation's benefit. Section 5. FORCE MAJEURE. If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable 45556187.1 2 to it in the judgment of the party having the difficulty. It is specifically excepted and provided, however, that in no event shall any Force Majeure relieve the City of its obligation to transfer Sales Tax revenues to the Corporation as required under the Act. Section 6. REGULATORY BODIES. This Contract shall be subject to all valid rules, regulations, and laws applicable thereto passed or promulgated by the United States of America, the State of Texas, or any governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. Section 7. TERM OF CONTRACT. That the term of this Contract shall be for the period during which the Obligations are Outstanding. IN WITNESS WHEREOF, the Corporation and the City, acting under authority of their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the day of 2005, which is the date of this Contract. WYLIE PARK AND RECREATION CITY OF WYLIE, TEXAS FACILITIES DEVELOPMENT CORPORATION By By President, Board of Directors Mayor ATTEST: ATTEST: Secretary, Board of Directors City Secretary (Corporate Seal) (City Seal) 45556187.1 3 CITY OF WYLIE Item No. 4. • City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 11t" , 2005 Other: Department: Police Prepared By: Jeff Butters Date Prepared: 01-04-05 Exhibits: B & C Applications for 2004 AGENDA SUBJECT: Consider and act upon accepting the resignation of Christine Mitchell from the Animal Shelter Advisory Board. and approving the appointment of Katie Munson to fill the unexpired term. RECOMMENDED ACTION: Accept the resignation of Christine Mitchell from the Animal Shelter Advisory Board. Appoint Katie Munson to the Animal Shelter Advisory Board. SUMMARY: Christine Mitchell has resigned her employment with the City of Wylie to accept a position with the City of Plano. Katie Munson is now the senior employee at the Wylie Animal Shelter. Katie has been an Animal Control Officer for the City of Wylie since 11-07-02 and has been an excellent employee. Katie has previous animal shelter experience volunteering with the City of Rowlett Animal Shelter for several years and working at the Plano Animal Shelter for several years. There are no financial considerations. APPROVED BY: Initial Date Department Director: JB\ 01/04/05 City Manager: / E CITY OF WYLIE Item No. 5. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 11, 2005 Other: Department: Planning Prepared By: C. Thompson Date Prepared: January 4, 2005 Exhibits: 2 AGENDA SUBJECT: Consider and act upon appointment of a new member of the Planning and Zoning Commission to replace Mike Phillips for the unexpired term of July 2004 to July 2006 RECOMMENDED ACTION: Appoint new member to the Planning and Zoning Commission SUMMARY: Article VIII, Section 2A of the City Charter authorizes the City Council to appoint a Planning and Zoning Commission to advise the Council in carrying out its various duties regarding planning and development. The Commission shall consist of seven (7) citizens who have been residents of the City at least twelve (12) months, appointed for terms of two (2) years each. Section 10.2 of the adopted "Rules of Procedures" for the Planning and Zoning Commission provides that any Commission member missing three (3) consecutive regularly scheduled meeting shall be subjected to dismissal from the Commission. Mike Phillips was reappointed to a two (2) year term on the Planning and Zoning Commission in July of 2004. Mr. Phillips, who has served very faithfully on the Commission since 2001, has been absent from Commission meetings recently due to changes in his business schedule. Mr. Phillips has verbally expressed his desire to be replaced on the Commission, but has not to date submitted a written resignation. See attached attendance record. There are no financial considerations. APPROVED BY: Initial Date Department Director: CT \ 01/04/05 City Manager: /r/d4 \ 1 Our Mission.. i ...to be responsible stewards of the public trust, j[ to strive for excellence in public service,and to enhance the quality of life for all. January 4, 2005 TO: Mayor Mondy and Members of the City Council FM: Claude Thompson, Planning Director THRU: Mark Roath, City Manager RE: Appoint of Replacement Member for Planning and Zoning Commission Article VIII, Section 2A of the City Charter authorizes the City Council to appoint a Planning and Zoning Commission to advise the Council in carrying out its various duties regarding planning and development. The Commission shall consist of seven (7) citizens who have been residents of the City at least twelve (12) months, appointed for terms of two (2) years each. Section 10.2 of the adopted "Rules of Procedures" for the Planning and Zoning Commission provides that any Commission member missing three (3) consecutive regularly scheduled meeting shall be subjected to dismissal from the Commission. Mike Phillips was reappointed to a two (2) year term on the Planning and Zoning Commission in July of 2004. Mr. Phillips, who has served very faithfully on the Commission since 2001, has been absent from Commission meetings recently due to changes in his business schedule. Mr. Phillips has verbally expressed his desire to be replaced on the Commission, but has not to date submitted a written resignation. See attached attendance record. We have informed Mr. Phillips that the City Council will appoint a replacement to fill his unexpired term on the Commission at the January 11, 2005 meeting. Cc: Mike Phillips Carole Ehrlich, City Secretary PLANNING AND ENGINEERING 2000 Highway 78 North • Wylie,Texas 75098 • (972)442-8158 • Fax(972)442-8115 • www.ci.wylie.tx.us January 11, 2005 Claude Thompson Planning and Zoning Department City of Wylie Dear Claude, It is with some regret that I have to resign my position on the Planning and Zoning Commission. The interesting and very enjoyable opportunities that have been presented me in the new job I took in April have made it almost impossible for me to attend the meetings. I want to express to you how much I have enjoyed serving with you and I want to tell you what a good job I think you and Mary have both done in the time I have served. I also want to thank the Council members for their encouragement and the chance they have given me to serve my community. Good luck to all of you as you continue to do what you think is right for the City of Wylie and I hope you all will continue to serve with the City's best interest in your decisions. Sincerely, Mike Phillips 2004 ATTENDANCE PLANNING & ZONING COMMISSION Red W. D. Don Dennis Mike Carter Chris K. Date Byboth Chap Hennesey Hughes Larson Phillips Porter Seely Spillyards man 1 - 6 P A N/A P N/A P P P P 1-20 P A N/A P N/A A P P P 2-17 P A N/A P N/A A P P A 3-2 P A N/A P N/A P P P P 3-16 P P N/A P N/A P P P P 4-6 A P N/A P N/A P P P P 4-20 P A N/A P N/A P P P P 5-4 P A N/A P N/A A P P P 5-18 P P N/A P N/A P P P P 5-25ws N/A N/A 6-1 A A N/A P N/A P P P P 6-15 P A N/A A N/A P P P P 7-6 P N/A P P P P N/A P A 7-20 A N/A P P P A N/A P P 8-3 P N/A P P P P N/A P P 8-10 ws P N/A A P P P N/A P P 8-17 A N/A P P P P N/A P P 9-7 P N/A P P P A N/A P P 9-21 A N/A A P P A N/A A P cancel 10-5 P N/A P P P P N/A P P 10-19 P N/A A P P A N/A P P 11-2 P N/A P A P A N/A P P 11-16 P N/A P P A A N/A P P 12-7 P N/A P P P A N/A P P 12-21 P N/A P P P A N/A P P CITY OF WYLIE 2004-2005 BOARD AND COMMISSION MEMBERS TERM PLACE NAME ADDRESS HOME PHONE IWORK PHONE EMAIL [ ORIGIN L CURRE APPTNT I EXPIRES PLANNING AND ZONING BOARD Staff Liaison-Planning Director Claude Thompson 972/442-8159 1 Chris Seely 1415 Quail Meadow 972/429-7177 972/335-3580 chris.seely@kimley-hom.com 7/03 7/04 7/06 2 Don Hughes P.O. Box 1329 972/442-1166 972/979-8993 7/04 7/05 3 Kathy Spillyards 301 N.Jackson 972/442-0228 972/442-7653 kathyspillyards@earthlink.net 11/04 11/04 7/05 4 Mike Phillips 417 Woodhollow 972/442-5714 469/576-8079 pphillipsl@aol.com 4/01 7/04 7/06 5 Dennis Larson 345 Donna Dr. 972/442-6424 214/476-7939 denlars@verizon.net 7/04 7/04 7/06 6 M.G. Red Byboth 2722 W. FM 544 972/442-3734 972/509-5333 red@dallasmoving.com 7/03 7/03 7/05 7 Dave Hennesey 1308 Shelby Ct. 972/429-3794 469/477-8151 dave.hennesey©jpmchase.com 7/04 7/04 7/06 WYLIE ECONOMIC DEVELOPMENT CORPORATION BOARD Staff Liaison-Sam Satterwhite 972/442-7901 1 Gary Bowland 700 Westwind Lane 972/442-1467 7/04 7/07 2 Marvin Fuller 355 Donna Drive 972/442-6565 7/04 7/07 3 Gary Bartow 813 Forest Edge 972/429-9735 972/509-9748 gary@one2onedigitech.com 2/04 2/04 7/06 4 John Yeager P.O. Box 40 972/442-3123 972/442-3505 john@wylieinsurance.com 7/03 7/06 5 Merrill Young 200 Westgate Way 972/442-7916 myoung@ci.wylie.tx.us 7/03 7/06 ZONING BOARD OF ADJUSTMENTS Staff Liaison Planning Director Claude Thompson 972/442-8159 1 Weldon Bullock 1820 McMillen Road 972/442-2859 972/8394156 none 7/03 7/05 2 Jan Sargent 322 Lake Texoma Dr. 972/429-9182 469/261-9691 jan.sargentl@verizon.net 7/04 7/04 7/05 3 Linda Jourdan 423 Gaston/POBox 894 972/442-1746 972/701-7058 Ijourdan@rehlawyers.com 7/03 7/03 7/05 4 Marilyn Herrera 503 Dogwood 972/442-1688 7/04 7/06 5* Layne LeBaron 224 Rush Creek 972/442-5867 214/536-7725 Ikew@gte.net 7/01 7/04 7/06 6 Wayne Morman P.O. Box 2137 972/429-6207 469/855-5454 wwwdotbubba@aol.com 7/04 7/06 7* Eric Alexander 419 N. Gaston 972/429-1601 972/479-4762 ealexander@ti.com 7/02 7/04 _ 7/06 NORTH TEXAS MUNICIPAL WATER DISTRICT BOARD Jim Parks,Executive Director,NTMWD 1 Harry Tibbals P.O. Box 56 5/03 5/05 2 Marvin Fuller 355 Donna Drive 972/442-6565 5/04 5/06 *Denotes Alternate Please contact the City Secretary's Office with any revisions to this list. L:\Board Commissions\2004-2005 Board Member Data rev 6/23/04 CITY OF WYLIE Item No. 6. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 11, 2005 Other: Department: Planning Prepared By: C. Thompson Date Prepared: January 4, 2005 Exhibits: 3 AGENDA SUBJECT: Consider and act upon appointment of a new member of the Zoning Board of Adjustment to replace Wayne Morman for the unexpired term of July 2004 to July 2006 RECOMMENDED ACTION: Appoint new member to the Zoning Board of Adjustment SUMMARY: Article VIII, Section 2C of the City Charter authorizes the City Council to appoint a Zoning Board of Adjustment to adjudicate requests for variances and special exceptions to the regulations of the Zoning Ordinance. The Board shall consist of five (5) members and two (2) alternate members, appointed for terms of two (2) years each. Section 10.2 of the adopted "Rules of Procedures" for the Zoning Board of Adjustment provides that any member missing three (3) consecutive regularly scheduled meeting shall be subjected to dismissal from the Board. Wayne Morman was reappointed to a two (2) year term on the Zoning Board of Adjustment in July of 2004. Mr. Morman has been absent from four (4) Board meetings due to changes in his business schedule. Mr. Morman has verbally expressed his desire to be replaced on the Board, but has not to date submitted a written resignation. See attached attendance record. There are no financial considerations. APPROVED BY: Initial Date Department Director: CT \ 01/04/05 City Manager: /i242 \ /- Our Mission.. ...to be responsible stewards of the public trust, " to strive for excellence in public service,and - - to enhance the quality of life for all. t January 4, 2005 TO: Mayor Mondy and Members of the City Council FM: Claude Thompson, Planning Director THRU: Mark Roath, City Manager RE: Appoint of Replacement Member for Zoning Board of Adjustment Article VIII, Section 2A of the City Charter authorizes the City Council to appoint a Zoning Board of Adjustment to adjudicate requests for variances and special exceptions to the regulations of the Zoning Ordinance. The Board shall consist of five (5) members and two (2) alternate members, appointed for terms of two (2) years each. Section 10.2 of the adopted "Rules of Procedures" for the Zoning Board of Adjustment provides that any member missing three (3) consecutive regularly scheduled meeting shall be subjected to dismissal from the Board. Wayne Morman was reappointed to a two (2)year term on the Planning and Zoning Commission in July of 2004. Mr. Morman has been absent from four (4) consecutive Board meetings due to changes in his business schedule. Mr. Morman has verbally expressed his desire to be replaced on the Commission, but has not to date submitted a written resignation. See attached attendance record. We have informed Mr. Morman that the City Council will appoint a replacement to fill his unexpired term on the Commission at the January 11, 2005 meeting. Cc: Wayne Morman Carole Ehrlich, City Secretary PLANNING AND ENGINEERING 2000 Highway 78 North • Wylie,Texas 75098 • (972)442-8158 • Fax(972)442-8115 • www.ci.wylie.bc.us CITY OF WYLIE 2004-2005 BOARD AND COMMISSION MEMBERS PLACE NAME ADDRESS I HOME PHONE IWORK PHONE EMAIL ORIGINAL I CURRENT TERM APPT. I APPT. EXPIRES PLANNING AND ZONING BOARD Staff Liaison-Planning Director Claude Thompson 972/442-8159 1 Chris Seely 1415 Quail Meadow 972/429-7177 972/335-3580 chris.seely@kimley-horn.com 7/03 7/04 7/06 2 Don Hughes P.O. Box 1329 972/442-1166 972/979-8993 7/04 7/05 3 Kathy Spillyards 301 N.Jackson 972/442-0228 972/442-7653 kathyspillyards@earthlink.net 11/04 11/04 7/05 _ 4 Mike Phillips 417 Woodhollow 972/442-5714 469/576-8079 pphillipsi@aol.com 4/01 7/04 7/06 5 Dennis Larson 345 Donna Dr. 972/442-6424 214/476-7939 denlars@verizon.net 7/04 7/04 7/06 6 M.G. Red Byboth 2722 W. FM 544 972/442-3734 972/509-5333 red@dallasmoving.com 7/03 7/03 7/05 _ 7 Dave Hennesey 1308 Shelby Ct. 972/429-3794 469/477-8151_ dave.hennesey@jpmchase.com 7/04 7/04 7/06 WYLIE ECONOMIC DEVELOPMENT CORPORATION BOARD Staff Liaison-Sam Satterwhite 972/442-7901 1 Gary Bowland 700 Westwind Lane 972/442-1467 7/04 7/07 - 2 Marvin Fuller 355 Donna Drive 972/442-6565 7/04 7/07 3 Gary Bartow 813 Forest Edge 972/429-9735 972/509-9748 gary@one2onedigitech.com 2/04 2/04 7/06 4 John Yeager P.O. Box 40 972/442-3123 972/442-3505 john@wylieinsurance.com 7/03 7/06 _ 5 Merrill Young 200 Westgate Way 972/442-7916 myoung@ci.wylie.tx.us 7/03 7/06 ZONING BOARD OF ADJUSTMENTS Staff Liaison Plannin• Director Claude Thom•son 972/442-8159 1 Weldon Bullock 1820 McMillen Road 972/442-2859 972/8394156 none 7/03 7/05 2 Jan Sargent 322 Lake Texoma Dr. 972/429-9182 469/261-9691 jan.sargent1@verizon.net 7/04 7/04 7/05 3 Linda Jourdan 423 Gaston/POBox 894 972/442-1746 972/701-7058 Ijourdan@rehlawyers.com 7/03 7/03 7/05 4 Marilyn Herrera 503 Dogwood 972/442-1688 7/04 7/06 5* Layne LeBaron 224 Rush Creek 972/442-5867 214/536-7725 Ikew@gte.net 7/01 7/04 7/06 1 6 Wayne Morman P.O. Box 2137 972/429-6207 469/855-5454 wwwdotbubba@aol.com 7/04 7/06 7* Eric Alexander _ 419 N. Gaston 972/429-1601 972/479-4762 ealexander@ti.com 7/02 7/04 7/06 NORTH TEXAS MUNICIPAL WATER DISTRICT BOARD Jim Parks,Executive Director,NTMWD 1 Harry Tibbals P.O. Box 56 l 5/03 5/05 2 Marvin Fuller 355 Donna Drive 972/442-6565 1 I 5/04 5/06 *Denotes Alternate Please contact the City Secretary's Office with any revisions to this list. L:\Board Commissionst2004-2005 Board Member Data rev 6/23/04 2004 ATTENDANCE ZONING BOARD OF ADJUSTMENT Eric Weldon R. Marilyn Linda Layne Wayne Jan Alexander Bullock Henry Herrera Jourdan LeBaron Morman Sargent 2-23 P P P P P P P N/A 4-26 P P P P P P P N/A 5-24 P A P P A P A N/A 6-14 P P P P P P P N/A 7-26 P A N/A P P P P P 8-23 P P N/A P P P A P 9-27 P A N/A P P _ P . A . P 10-25 P A N/A P P P A P 12-6 P P N/A P P P A P CITY OF WYLIE Item No. 7. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular: X Meeting of: January 11, 2005 Other: Department: Planning Prepared By: C. Thompson Date Prepared: January 4, 2005 Exhibits: 2 AGENDA SUBJECT: Consider and act upon a request to waive the residential alley requirement of the Subdivision Regulations for the Birmingham Ranch Tract. RECOMMENDED ACTION: Staff recommends approval. Due to unique character and location of the property, as well as proposed lot size, alleys are inappropriate. SUMMARY: Section 3.2.B of the Subdivision Regulations states that "alleys shall be required in all residential districts... the City Council may waive this alley requirement". The subject property totals 16 acres and is long and narrow. The property is zoned SF-10, and the applicant anticipates creating 53 lots in excess of 10,000 square feet each. Abutting existing residential development does not have alleys and undeveloped property is not likely to have alleys. Alleys serve limited functions on such large lots, as all urban functions (vehicular access, drainage, utilities) are accommodated by other methods. Elimination of alleys increases the number of lots and potential property tax revenue to the City and eliminates the cost to the City for maintenance. The City Council denied reauests to waive alleys on the subiect nronertv on November 9 and December 14. APPROVED BY: Initial Date Department Director: CT \ 01/04/05 City Manager: /V4 Z- \ !-9 -00 1 12/23/2004 15:09 9723809515 HARVEST REAL ESTATE PAGE 02/04 The Harvest Real Estate Companies, LL.C. 17480 Dallas Parkway# 220 Dallas,Texas 75252 December 20,2004 City of Wylie Planning Department 2000 State Highway 78 North Wylie, TX 75098 Re: Alley Waiver for the Birmingham Ranch Subdivision Sent via fax: 972-442-8115 Dear Sir or Madam, In order to submit a preliminary plat for the Birmingham Ranch Subdivision,we would like to request a waiver of section 3.2.B of the city's subdivision regulations that would require the construction of alleys for the proposed subdivision. The subdivision being proposed is planned to have a minimum lot size of 10,000 square feet. Due to specific criteria related to the development of this land,which include the geometry of the proposed subdivision and other restrictions, we feel an alley waiver for this subdivision would be in the best interest for the City of Wylie for several reasons, as listed below. • The omission of alleys creates the availability of more buildable land area,thus more lots and tax revenue for the City of Wylie and the Wylie Independent School District. • We propose 5' wide sidewalks within the development thereby creating greater accessibility and ease of use. • To prevent front facing garages, 90%of the homes within the development would be constructed utilizing"J"or swing driveways. • The surrounding developments do not include alleys, creating non-continuous conditions between subdivisions. • The geometry of the site would create perimeter alleys which would back to the existing Birmingham Farms Subdivision on two sides and the Northeast Water Supply of Wylie on the East side,both of which would have no use for the alleys. The North side of the property is adjacent to land that is located in the city of St. Paul. • Alleys create a greater maintenance burden on the City. • Trash pick up is collected curb side, and not available for alley pick up. A waiver request for this project has been Iisted on the council agenda on two previous occasions and has been denied based only on discussion within the Council. We are fully aware of and respect that this decision is one to be made by the Council,but we feel Council should have more facts concerning this specific situation before making their decision. Therefore,we would like to respectfully request the opportunity to present this case to the Council members and address any 12/23l2004 15:09 9723809515 HARVEST REAL ESTATE PAGE 03/04 • questions or concerns that they may have. The home builder has also agreed to be present at the council meeting to answer any questions.The granting of this waiver:.facilitates the process of the purchase of the land which benefits the Birmingham Trust and the Wylie Independent School District. We feel that the development of the Birmingham.Ranch subdivision would be an attractive addition to the City of Wylie. Attached as Exhibit"A"hereto,you will find a copy of the proposed preliminary plat for your review in this decision making process. Although we would prefer to submit this plan simultaneously,we are informed that the approval process in Wylie requires us to apply for the alley waiver first, and then submit the preliminary plat. The Council has our commitment to a quality project and could expect to see a preliminary plat that would be submitted to the city with substantially the same characteristics as the attached Exhibit "A". If you have any questions or concerns,or would like any additional information on this development,please feel free to contact me at(972)380-6500. 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VOW Tela scum>Y .aloe.was I-s WK..n 1•b•..M00.tat"c•.w[.n Id/•WC. nOGO.140✓v.IF I.91l a WI.•bm w elate 4104.Moro am.ril n e,vac fort..SW 6.100 OK ,w r1000 SI*M.e w lots rot MR.to,,K•ono. p..[e/p[T1Ut•le: SURVIVOR: MOW*: •eel r ROC i•fe mum it a .td[WM rr.01 1.c TUC•IVS I.e•ta1.0 a M oe I Ins 4140.e O.WOO 041401045 024101 lei ee[*A tf' ....M..M[oC41d1 CRlR.171 CO w✓e.v OR1✓.e naCO °� .12 al m M 1 e.40. % •C OCT Im SIOC HA.ST . •a.e• ,•.1• .rvra N•Nlf...e T.nwl•. .....rare. no !-0 Sr WI.O.C14,[lvllT e.we NA a.e 9/r.e,0.. Iasm..,,��, El s.Wl.. CITY OF WYLIE Item No. 8. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular: X Meeting of: January 11, 2005 Other: Department: Planning Prepared By: C. Thompson Date Prepared: January 4, 2005 Exhibits: 2 AGENDA SUBJECT: Consider and act upon a request to waive the residential alley requirement of the Subdivision Regulations for the Collins tract. RECOMMENDED ACTION: Staff recommends approval. Due to unique character and location of the property, as well as proposed lot size, alleys are inappropriate. SUMMARY: Section 3.2.B of the Subdivision Regulations states that "alleys shall be required in all residential districts... the City Council may waive this alley requirement". The subject property is long and narrow, and totals 34 acres. The property is currently zoned Agriculture (A) as a holding zone until appropriate urban uses are approved. The applicant desires to rezone the property and to submit a preliminary plat creating 54 lots in excess of 20,000 square feet each. The subject property is bounded on three sides by existing large-lot subdivisions which do not provide alleys. Alleys serve limited functions on such large lots, as all urban functions (vehicular access, drainage, utilities) are accommodated by other methods. Elimination of alleys increases the number of lots and potential property tax revenue to the City and eliminates the cost to the City for maintenance. APPROVED BY: Initial Date Department Director: CT \ 01/04/05 City Manager: / \ ,-4-64 1 ADAMS CONSULTING ENGINEERS, INC. CIVIL • ENVIRONMENTAL ENGINEERS December 17,2004 City of City of Wylie Planning Department • 2000 State Highway 78 North Wylie,TX 75098 Re: Alley Waiver for a conceptual site plan Sent via fax:972-442-8115 Dear Sir or Madam, In order to submit a preliminary plat and zoning application for the attached subdivision,we would like to request a waiver of section 3.2.B of the city's subdivision regulations that would require the construction of alleys for the proposed subdivision. The subdivision being proposed is planned to have a minimum lot size of 20,000 sqft. and an average lot size of approximately 23,355 sqft. Due to size restrictions,and the geometry of the proposed subdivision,we feel an alley waiver for this subdivision would be in the best interest for the City of Wylie. If you have any questions or concerns,please feel free to contact me at 817-329-6990. Sincerely, Adams Consultingti � Engin ers,Inc. 90/14 Jason Wight,E.I.T. 500 Nolen Drive, Suite 550, Southlake, Texas 76092 Phone. (817)329-6990 Fax:(817)329-7671 Corporate Office: Tyler, Texas Branch Offices: Garland, Texas•San Diego, California 2 'd 1L9L 62E LI6 (Ida I30d dLT :E0 t70 LI oar Dec 17 04 03: 17p RCEI DFW 817 329 7671 p. 3 ID ' =A , ri -�'' . 4H NV'Id'7VILLd IZ NUS 3 ietsw11•1t.•1�w1¢t81..r t :/ 4 BI T -- �!>78M I w yB•WJ I'.. n..a zri 1,4171iW, • O I 1 14 a ------ -------- --- IIIMIM :, 1 1 1 . i1 s 1 s • s \ t 1 ' H_LIL ; 3 +\ L1 I 1. _ - 1 �`, '7. r I ' /-- '- - - 1 .1 L. r _ —.4-'—._ -1 i1• 1 F - -. ;-.- - j '- s Lt.4 $ i $ ' I, .3 1 i , FIf€.II . ,-1 , 1 I .i 0 'I , II' 1 ( 1-•-•1 r -s-•Y -1 -t i ''i 1 F —.—. L._._ . 1 s , 1 ► i 1 I -j-1--I J , I ili 1 1 I ' : ' .I s i 1 1 _2 r s V ud Rill ,5 MI6 a CITY OF WYLIE Item No. 9. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular: X Meeting of: January 11, 2005 Other: Department: Planning Prepared By: C. Thompson Date Prepared: January 4, 2005 Exhibits: 2 AGENDA SUBJECT: Consider and act upon a request to waive the minimum acreage requirement of the Zoning Ordinance in order to permit submittal of an application for a Planned Development District. RECOMMENDED ACTION: Staff recommends approval. Due to unique constraints of its size and location, the flexibility of PD zoning is a justifiable option for development of the subject property, although not the only option. SUMMARY: Section 6.B.2.b of the Zoning Ordinance states that "residential PD Districts shall be a minimum of 5 acres. However, the Council may waive this minimum area requirement...". The subject property totals 4.54 acres. The applicant has indicated a desire to submit for Planned Development Planned Development zoning, in order to develop Townhouse residents on the property, although other development schemes may be feasible for the tract. Approval of this waiver has no relationship to the justification of any future PD request. The property is zoned Agriculture (A) as a holding district until appropriate urban uses are determined, and it has never been platted. Abutting properties to the north and west are platted and developed as private single- family residential lots of 7,200 sq. ft. Properties to the east across Thomas Street are zoned SF 8.5 Residential, but have never been platted, and are the remaining remnant of the original single-ownership homestead. The City library and nark are to the south across Pirate Drive. APPROVED BY: Initial Date Department Director: CT \ 01/04/05 City Manager: /We \ /- -o 1 McEwen Partners December 9, 2004 Mr. Claude Thompson Planning Director City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Approximately 4.54 acres being part of the Allen Atterbury Survey, Abstract No. 23, City of Wylie, Collin County and located at the northwest corner of Thomas Street and Pirate Drive. Dear Mr. Thompson, On behalf of McEwen Partners I respectfully request that the City of Wylie grant McEwen Partners a variance from the City's zoning ordinance to allow for the application of Planned Development for the referenced property. Thank you. Sincerely, 4/at_ Blake M. Reed cc: Bill Anderson Dan Majors Dr. Terrill M. Trimble 4100 McEwen Road,Suite l08 Dallas,Texas 75244 (972)233-1666 Fax(972)233-1676 e-mail dallastraveller@yahoo.com — — Red River Drive I i _ _ i i\ Fourth ::: Mountain Drive I Hillto Lane _ HI Itop ' . , ..,,,y t 21 !, .® 1 Q C r ; _ Lriarw O I xh C� L - - - - - - - - - - - - home's reet —1 I . ! i I ;0 Dog Z I i • Akin , --\ rn CITY OF WYLIE Item No. 10. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: January 11, 2005 Special Called Meeting Department: Planning Prepared By: C. Thompson Date Prepared: January 4, 2005 Exhibits: 1 AGENDA SUBJECT: Hold a Public Hearing and consider approval of an ordinance of the City of Wylie, Texas, amending the Comprehensive Zoning Ordinance of the City of Wylie to provide definition and regulation of Body Art Studios. RECOMMENDED ACTION: Planning and Zoning Commission voted on December 21, 2004, 5 —1 to recommend approval. SUMMARY: The City of Wylie has not previously regulated body art, such as body piercing or permanent body tattooing. Although not specifically mentioned in the Zoning Ordinance, staff currently defines body piercing and tattooing with other Personal Services, which are allowed within all commercial zoning districts including Neighborhood Services (NS), Community Retail (CR), Business Center (BC), and Corridor Commercial (CC), as well as the Downtown Historic District (DTH). This amendment will specifically define permanent body art as piercing and tattooing, and will limit the location of establishments which offer such services to the Industrial (I) District. It is proposed that Section 5.1.F. (Land Use Charts — Retail, Personal Services and Commercial Uses) be amended to add Body Art Studios as a permitted use within the Industrial (I) District only. Other land uses which have the potential of producing environmental or social nuisance characteristics are located within the Industrial District, including Shooting Ranges and Sexually-Oriented Businesses. The P&Z compared the appropriateness of such isolated locations with more visible locations of other commercial districts along major thoroughfares. APPROVED BY: Initial Date Department Director: CT \ 01/07/05 City Manager: M.d \ AGENDA SUBJECT: Hold a Public Hearing and consider approval of an ordinance of the City of Wylie, Texas, amending the Comprehensive Zoning Ordinance of the City of Wylie to provide definition and regulation of Body Art Studios. SUMMARY: (Continued) It is proposed to amend Section 5.2.F. (Listed Uses) of the Zoning Ordinance to add the following: Body Art Studio a. Definition: An establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's body, other than ear piercing, to insert jewelry or another decoration. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading: Square Feet of Floor Required Loading Area s aces 0— 10,000 None 10,001 —50,000 1 Each additional 10,000 or fraction 1 thereof e. Additional Provisions: Certificates of Occupancy of Body Art Studios must be held by persons licensed by the State of Texas, and the facilities must meet all environmental health requirements of the City of Wylie. Body Art Studios must be set back 1000 feet from any other Body Art Studio; Residential Zoning District; Church; Public, Private or Parochial School; and Day Care. With the adoption of this amendment, existing body piercing and permanent tattooing operations within Wylie will become "legally nonconforming", and may remain in their current state but neither be expanded nor abandoned and reopened. Financial considerations: NA ORDINANCE NO.: AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE 5, FIGURE 5.3 (LAND USE TABLE) AND ARTICLE 5, SECTION 5.2 (LISTED USES), OF THE COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that Article 5, Figure 5.3 (Land Use Table) and Article 5, Section 5.2 (Listed Uses) of the City of Wylie, Texas ("Wylie") Comprehensive Zoning Ordinance No. 2001-48 should be amended; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Comprehensive Zoning Ordinance No. 2001-48 as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Wylie's Comprehensive Zoning Ordinance No. 2001-48. Article 5, Figure 5.3 (Land Use Table) of Wylie's Comprehensive Zoning Ordinance No. 2001- 48 is hereby amended to read as follows: Residential Districts Permitted Uses Non-Residential Districts F.Retail,Personal NS CR BC CC I DTH Service& Commercial 5.Body Art Studio P* Ordinance#2005- Comp. Zoning-Body Piercing Definitions 1 SECTION 3: Amendment to Wylie's Comprehensive Zoning Ordinance No. 2001-48. Article 5, Section 5.2 (Listed Uses) of Wylie's Comprehensive Zoning Ordinance No. 2001-48 is hereby amended to read as follows: 5. Body Art Studio: a. Definition: An establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's body, other than ear piercing, to insert jewelry or another decoration. b. Permitted Districts: See Land Use Charts in Section 5.1 c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading: None Square Feet of Floor Required Loading Spaces Area 0— 10,000 None 10,001 — 50,000 1 Each additional 10,000 1 or fraction thereof e. Additional Provisions: Certificates of Occupancy for Body Art Studios must be held by a person licensed by the State of Texas, and such facilities must meet all environmental health requirements of the City of Wylie. Body Art Studios must be set back 1000 feet from any other Body Art Studio; Residential Zoning District; Church; Public, Private or Parochial School; and Day Care. SECTION 4: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. Ordinance#2005- Comp. Zoning-Body Piercing Definitions 2 SECTION 5: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 11th day of January, 2005. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: CAROLE EHRLICH ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. City Secretary RICHARD M. ABERNATHY City Attorneys DATE OF PUBLICATION:January 19, 2005 in the Wylie News Ordinance#2005- Comp. Zoning-Body Piercing Definitions 3