08-09-1974 (City Council) Minutes 1 9
Minutes of Special City Council Meeting
August 9, 1974
Council met in Special Session on August 9, 1974, at 7:00 PM to open '^
Bids for furnishing polyethylene pipe and cleaning of a sanitary
sewer line. Members present were Mayor Don Thomas and Aldermen R. C.
Dodd, Dwayne Boyd, Ken Nall, Bill Martin and Ed Butler.
Three bids were received and opened as follows:
Nipak Inc. $22,900.50
Dupont 22,807.48
Dryer-Haynel 28,908.00
All bids were given to Jim Anderson representing Henningson, Durham
& Richardson for review. Award of the contract was to be made after
Mr. Anderson' s review.
Having no futher business to conduct the Council adjourned.
1
3‘
0-1,„..Aki:/:nald R. Thom/119_1.„,4_
Mayor
REGULAR CITY COUNCIL MEETING
AUGUST 13, 1974
The City Council met in regular session August 13, 1974 in City Hall
at 7:00 PM. Present Mayor Thomas, Aldermen Dodd, Nall, Boyd, and "
Butler and Martin. City Manager Woodard, Water Supt. Allen, and
City Secretary Oneida Gallagher.
The meeting was called to order by Mayor Thomas.
First on the agenda was to consider Sewer Line Improvements:
ORDINANCE AUTHORIZING ISSUANCE OF $30, 000.
CITY OF WYLIE, TEXAS, COMBINATION TAX AND
REVENUE CERTIFICATES OF OBLIGATION SERIES
1974, DATED AUGUST 15, 1974
THE STATE OF TEXAS:
COUNTY OF COLLIN
CITY OF WYLIE •
ON THIS the 13th day of August, 1974, the City Council of the
City of Wylie, Texas, convened in regular session at the regular
meeting place thereof in the City Hall, the meeting being open to
the public and notice of said meeting, giving the date, time, place
and subject thereof, having been given as prescribed by Article
6252-17, Section 3A, V.A.T.C.S. , there being present and in attendance
the following members, to wit:
Don R. Thomas Mayor
R. C. Dodd )
Dwayne Boyd )
Edward Butler ) Aldermen
Kenneth Nall )
William Martin )
and with the following absent: none , when among other proceedings
had were the following:
Mayor Thomas introduced a proposed ordinance which was read in full.
Alderman Dwayne Boyd made a motion that any rule requiring ordinances
to be read more than one time or at more than one meeting be suspended.
The motion was seconded by Alderman Kenneth Nall and carried by the follow-
ing vote;
Yeas: Aldermen Dodd, Boyd, Butler, Nall and Martin.
Nays: None
Alderman Edward Butler made a motion that the ordinance be passed
finally. The motion was seconded by Alderman Kenneth Nall and carried
by the following vote:
Yeas: Aldermen Dodd, Boyd, Butler, Nall and Martin.
Nays: None
The Mayor announced that the ordinance had been finally passed.
The ORDINANCE is as follows:
/ ORDINANCE NO. 74-5
AN ORDINANCE By the City Council of the City of Wylie
Texas, authorizing the issuance of $30, 000. "City of
WYLIE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES
OF OBLIGATION, SERIES 1974, " dated August 15, 1974,
for the purposes of paying a contractual obligation of
the City to be incurred for the purchase of materials
and supplies, to wit: sewer pipe and contracts for
professional services of attorneys, financial advisor
and engineer; providing for the payment of said
certificates of obligation by (i) levy of a tax, and
(ii) the appropriation and pledge of net revenues of the
City' s sanitary sewer system (subject to the pledge made
for bonds payable from such revenues) ; providing the terms
and conditions of such certificates; and enacting provisions
incident and relating to the subject and purpose of this
ordinance, and declaring an emergency.
WHEREAS, under the provisions of Article 2368a1, V.A.T.C.S. , the
governing body of a City is authorized to issue certificates of
obligation payable from revenues and ad valorem taxes for the purpose
of paying any contractual obligation to be incurred for the purpose of
materials, supplies, equipment or machinery and for the payment of
contractual obligations for professional services and sell the same for
cash; and
WHEREAS, pursuant to a resolution heretofore passed by the City
Council of Wylie, Texas, notice of intention to issue certificates of
obligation of said City, payable from ad valorem taxes and net revenues
of the City' s Sewer System, in an amount not to exceed $50, 000 for the
purposes of paying all or a portion of a contractual obligation to be
incurred for the purchase of materials and supplies, to-wit: Sewer
pipe, and contracts for personal or professional services to be rendered
by attorneys, a financial adviser and engineers was duly published in a
newspaper of general circulation in said City on the 18th day of July,
9I9 @
A 1
1974, and the 25th day of July, 1974, the day of the first publication
of said notice being at least fourteen (14) days prior to the date set
for the passage of this ordinance; and
WHEREAS, no petition of any kind or character has been filed
with the City Secretary, any member of the Council or any other official
of the City, protesting the issuance of such certificates; and
WHEREAS, it has been determined that the amount of certificates
of obligation to be issued should be $30, 000, and this Council is
now authorized and empowered to proceed with the issuance of said
certificates of obligation and to sell the same for cash; therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1: That for the purpose of paying a contractual obligation
of the City to be incurred for the purchase of materials and supplies,
to-wit: sewer pipe, and contracts for professional services of attorneys,
financial adviser and engineer, there shall be and there is hereby
ordered to be issued, under and by virtue of the Constitution and laws
of the State of Texas, particularly Article 2368 a.l, V.A.T.C.S. , a
series of certificates of obligation of the City of Wylie, Texas, to
be known as "CITY OF WYLIE, TEXAS, COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1974, " in the total principal amount
of THIRTY THOUSAND DOLLARS ($30, 000) .
SECTION 2: That said certificates shall be dated August 15, 1974,
shall be numbered consecutively from One (1) through Six (6) , shall
each be in the denomination of Five Thousand Dollars ($5, 000) , and
shall become due and payable serially, without right of prior
redemption on August 15 in each of the years in accordance with the
following schedule:
CERTIFICATE NUMBER YEAR AMOUNT
(All inclusive)
1 1976 $5, 000
2 1977 5, 000
3 1978 5,000
4 1979 5, 000
5 1980 5, 000
6 1981 5, 000
SECTION 3: That all the certificates shall bear interest from
date until maturity at the rate of 6-1% per annum; such interest to be
evidenced by proper coupons attached to each of said certificates and
said interest shall be payable on February 15, 1975, and semiannually
thereafter on August 15 and February 15 in each year.
Both principal of and interest on this issue of certificates shall
be payable in lawful money of the United States of America without
exchange or collection charges to the owner or holder, at the FIRST
STATE BANK, Wylie, Texas, upon presentation and surrender of certificates
or proper coupons.
SECTION 4: That the seal of said City may be impressed on each I
of said certificates or, in the alternative, a facsimile of such seal
may be printed on said certificates. The certificates and interest
coupons appurtenant thereto may be executed by the imprinted facsimile
signatures of the Mayor and City Secretary of the City, and execution
in such manner shall have the same effect as if such certificates and
coupons had been signed by the Mayor and City Secretary in person by
their manual signatures. Inasmuch as such certificates are required
°°— to be registered by the Comptroller of Public Accounts for the State
of Texas, only his signature (or that of a deputy designated in writing
to act for the Comptroller) shall be required to be manually subscribed
to such certificates in connection with his registration certificate
to appear thereon, as hereinafter provided, all in accordance with the
provisions of Article 717j-1, V. A.T.C.S.
SECTION 5: The certificates shall be in substantially the
following form:
NO. UNITED STATES OF AMERICA $5,000
STATE OF TEXAS
COUNTY OF COLLIN
CITY OF WYLIE, TEXAS, COMBINATION TAX AND
REVENUE CERTIFICATE OF OBLIGATION
SERIES 1974
THIS IS TO CERTIFY that, FOR VALUE RECEIVED, the City of Wylie,
a municipal corporation of the State of Texas, is justly indebted to
and hereby obligates itself to pay to bearer, without right of prior
redemption, on the FIFTEENTH DAY OF AUGUST, 19 , the sum of
FIVE THOUSAND DOLLARS
($5, 000) in lawful money of the United States of America, with interest
thereon from the date hereof to maturity at the rate of SIX AND ONE
HALF PERCENTUM (61/) per annum, payable on February 15, 1975, and
semiannually thereafter on August 15 and February 15 in each year; and.
interest falling due on or prior to maturity hereof is payable only
upon presentation and surrender of the interest coupons attached thereto
as they severally become due.
BOTH PRINCIPAL MP AND INTEREST on this certificate is hereby made
payable at the FIRST STATE BANK, Wylie, Texas, without exchange or
collection charges to the owner or holder; and for the prompt payment
of this certificate and the interest thereon as the same becomes due,
the City of Wylie, Texas, has levied a tax upon all taxable property
within said City and pledged the net revenues of the City' s sanitary
sewer system; PROVIDED, HOWEVER, such pledge of net revenues is subject
and subordinate to the pledge made for the security and payment of first
lien bonds (as defined in the ordinance authorizing the series of
certificates of which this certificate is a part. )
THIS CERTIFICATE is one of a series of SIX (6) certificates;
numbered consecutively from One (1) through Six (6) ; each in denomination
of Five Thousand. Dollars ($5, 000) , issued for the purpose of paying a
_ contractual obligation of the City to be incurred for the purchase of
materials and supplies, to-wit: sewer pipe, and contracts for professional
, services of attorneys, financial adviser and engineer, under and by virtue
of the Constitution and laws of the State of Texas, including Article
2368a.1, V.A.T.C.S. , and in accordance with an ordinance duly passed and
adopted by the City Council of the City of Wylie, and of record in the
minutes of said City Council.
1
IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the issuance
of this certificate and the series of which it is a part, is duly auth-
orized by law; that all acts, conditions and things to be done precedent
to and in the issuance of this certificate, and the series of which it
is a part, have been properly done, have happened and have been per-
formed in regular and due time, form and manner as required by law;
that proper provisions have been made for the payment of principal of
and interest on this certificate and the series of which it is a part,
by the levy of a direct and continuing annual ad valorem tax against
all taxable property, within said City and by a pledge of the net revenues
of the City' s sanitary sewer system; such pledge of net revenues, _
however, being subject and subordinate to the pledge securing the pay-
ment of first lien bonds as hereinabove recited; and that the total
indebtedness of the City of Wylie, Texas, including this certificate
and the series of which it is a part, does not exceed any constitutional
or statutory limitation.
IN TESTIMONY WHEREOF, the City Council of the City of Wylie,
Texas, in accordance with the provisions of Article 717j-1, V.A.T.C.S. ,
has caused the seal of said City to be impressed or a facsimile thereof
to be printed hereon, and this certificate and its appurtenant coupons
to be executed with the imprinted facsimile signatures of the Mayor and
City Secretary of said City, the date of this certificate, in conformity
with the ordinance hereinabove mentioned, being the FIFTEENTH DAY OF
AUGUST, 1974.
00-1",„d
„.„4„.
Mayor, City of Wy ie, Texas
COUNTERSIGNED:
41/
City Secretary, City of Wylie, Texas
(CITY SEAL)
SECTION 6: The form of said interest coupons shall be substantially
as follows:
NO. ON THE FIFTEENTH DAY OF $
, 19
THE CITY OF WYLIE, a municipal corporation of the State of Texas, hereby
promises to pay to the bearer in lawful money of the United States of
America, without exchange or collection charges to the owner or holder,
at the FIRST STATE BANK, Wylie, Texas, the sum of
DOLLARS
($ ) ,said sum being months ' interest due that day
of "CITY OF WYLIE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATE OF
OBLIGATION, SERIES 1974, " dated August 15, 1974. .�.,
CA,Axr
1,2 sacutr44/
City Secretary Mayor
SECTION 7: That the following certificate shall be printed on
the back of said certificates of obligation:
OFFICE OF COMPTROLLER :
REGISTER NO.
STATE OF TEXAS. •
I HEREBY CERTIFY that there is on file and of record in my
office a certificate of the Attorney General of the State of Texas to
the effect that this Certificate of Obligation has been examined by him
as required by law, and that he finds that it has been issued in conformity
with the Constitution and laws of the State of Texas, and that it is a
valid and binding obligation upon the City of Wylie, Texas, and said
Certificate has this day been registered by me.
WITNESS MY HAND AND THE SEAL OF MY OFFICE at AuEtin, Texas,
Comptroller of Public Accounts for the
State of Texas
SECTION 8: For all 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 Revenue therefor, the following
definitions are provided:
(a) The term "System" shall mean the City' s Sanitary Sewer
System, including all properties, real, personal, mixed or otherwise,
now owned or hereafter acquired by the City of Wylie, Texas, through
purchase, construction or otherwise, and used in connection with said
System and in anywise appertaining thereto, whether situated within or
without the limits of said City.
(b) The term "net revenues" shall mean the gross revenues
of the System less the expense of operation and maintenance, including
salaries, labor, materials, interest, 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 keep the System in operation 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 any obligation payable from and secured
by a lien on the net tevenues of the System shall be deducted in
determinging "net revenues" .
(c) The term "certificates" shall mean the combination
tax and revenue certificates of obligation authorized by this ordinance
and additional combination tax and revenue certificates of obligation,
if any, issued on a parity therewith.
(d) The term "Certificate Fund" shall mean the special fund
created under the provisions of Section 9 of this ordinance.
(e) The term "first lien bonds" shall mean the outstanding
and unpaid bonds payable from and secured by a first lien on and pledge
of the net revenues of the city' s waterworks and sanitary sewer systems
(as distinguished from the certificates authorized by this ordinance
which are payable from and secured by a pledge of the net revenues of
the City' s sanitary sewer system) , being:
(1) The outstanding and unpaid previously issued bonds of
the City identified as follows:
(a) City of Wylie, Texas, Waterworks and Sewer System
Revenue Bonds, dated June 1, 1956, originally issued
in the amount of $100, 000;
(b) City of Wylie, Texas, Waterworks and Sewer System
Revenue Bonds, Dated Bebruary 1, 1959, originally issued
in the amount of $30, 000; and
(c) City of Wylie, Texas, Waterworks and Sewer System
Revenue Bonds, Series 1971, dated. March 1, 1971,
originally issued in the amount of $300,000.
(2) bonds hereafter issued on a parity with said previously
issued bonds as "additional bondsY under the terms and.
provisions of the Ordinance authorizing the issuance of such
bonds,
(3) any refunding bonds hereafter issued to refund all or
part of the aforesaid previously issued bonds or additional
bonds, if payable from and secured by a first lien on and
pledge of the net revenues of the City' s waterworks and
sanitary sewer system.
(f) The term "fiscal year" whenever the same appears
rmin
without any qualifying language, shall mean the twelve-month operational
period for the System ending on December 31 of each year.
SECTION 9: That for the puppose of paying the interest on
and to provide a sinking fund for the payment, redemption, and retire-
ment of the certificates, there is hereby created and established a
special fund to be designated "Special City of Wylie, Texas, Combination
Tax and Revenue Certificates of Obligation Fund, " and all monies
deposited therin shall be used for noother purpose. This fund shall
be deposited with FIRST STATE BANK, Wylie, Texas, and said custodian
of the Fund is hereby authorized and directed to make withdrawals
from said Fund in such amounts required to pay the principal of and
interest on the certificates as the same become due and mature.
SECTION 10: That to provide for the payment of the debt
service requirements on said certificates, being (i) 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 certificate or
any interest thereon shall remain outstanding and unpaid, a sufficient
tax on each one hundred dollars ' valuation of taxable property in
said City, 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 ay 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
i
authority of the City for such purpose is adequate to permit a legally
sufficient tax in consideration of all other outstanding obligations.
The amount of taxes to be provided annually fior the payment
of principal of and interest on the certificates shall be determined
and accomplished in the following manner;
(a) The City' s annual budget shall reflect (i) the amount
of debt service requirements to become due on the certificates in the
next succeeding fiscal year of the City, (ii) the amount on deposit
in the Certificate Fund, as of the date such budget is prepared (after
giving effect to any payments required to be made during the remaindet
of the then current fiscal year) and (iii) the amount of net revenues
of the System estimated and budgeted to be available for the payment
of such debt service requirements on the certificates during the next
succeeding fiscal year of the City (based on the amount of net revenues
of the System available from the preceding fiscal year of the System) .
(b) The amount required to be provided in the succeeding
fiscal year of the City from ad valorem taxes shall be the amount,
if any, the debt service requirements to be paid on the certificates
in the next succeeding fiscal year of the City exceed the sum of
(i) the amount shown to be on deposit in the Certificate Fund at the
time the annual budget is prepared, and (ii) the net revenues of the
System shown to be budgeted and available for payment of said debt
service requirements.
(c) Following the final approval of the annual budget of the
""""" City, the City Council shall, by ordinance, levy an ad valorem tax at a
rate sufficient to produce taxes in the amount determined in paragraph
(b) above, to be utilized for purposes of paying the principal of and
interest on the certificates in the next succeeding fiscal year of the City.
SECTION 11: The City hereby covenants and agrees that subject
only to the pledge of the net revenues of the system to the payment of
principal, interest and reserve fund requirements of the first lien
bonds and the means and methods of accumulating and maintaining all
funds required therefor under the provisions of the ordinances and
proceedings pertaining to the authorization of such first lien bonds,
all the net revenues of the System, with the exception of those in excess
of the amounts required to be deposited to the Certificate Fund as
hereafter provided, are hereby irrevocably pledged to the payment of the
principal of and interest on the certificates as the same becomes due.
SECTION 12: That as provided in the ordinance authorizing
the issuance of the first lien bonds, the City reaffirms its prior
covenant that as received all revenues and income of every nature
derived from the operation of the City' s Waterworks and Sanitary Sewer
Systems shall be first deposited in an account of the City designated
"WATERWORKS AND SEWER SYSTEM FUND" (hereinafter called "System Fund" )
and shall be pledged and appropriated as follows:
FIRST: To the payment of all necessary and reasonable
expenses of operating and maintaining the City' s waterworks
and sanitary sewer systems.
SECOND: To the "SPECIAL WATERWORKS AND SEWER SYSTEM REVENUE
BOND RETIREMENT AND RESERVE FUND:' heretofore created and
hereby reaffirmed for the payment of the principal of and
interest on the first lien bonds.
9( 1
After satisfying all payments required under the terms and provisions
of the ordinances authorizing the first lien bonds, all monies and
revenues remaining in the "SYSTEM FUND" which are attributable to
City' s Sanitary Sewer System shall be and are hereby pledged and
the same shall be appropriated for the following purposes and in
the order of precedence shown, as follows:
FIRST: To the "SPECIAL CITY OF WYLIE, TEXAS, CERTIFICATES
FUND, " hereinafter called "Certificate Fund" to the extent
as provided in Section 9, and
SECOND: To any other proper city purpose now or hereafter
permitted by law.
SECTION 13 : That from the pledged net revenues of the
System in the System fund, the City shall cause to be deposited in
the Certificate Fund the following amounts on the following dates,
to-wit:
(a) Beginning September 15, 1974 and on or before the
15th day of each month through January 15, 1975, an amount equal
to one-fifth (1/5) of the installment of interest to become due on
the certificates on February 15, 1975, or all pledged net revenues
of the System remaining in the System Fund (except $100) on such
dates, whichever amount is the lesser; and, thereafter, commencing
on February 15, 1975 and on or before the 15th day of each succeeding
month an amount equal to one-sixth (1/6) of the next semiannual
installment of interest to become due on the certificates or all
pledged net revenues of the System (except $100) remaining in the
System Fund on such dates, whichever amount is the lesser.
(b) In addition to the monthly deposits described in
paragraph (a) above, beginning on August 15, 1975 and on or before
the 15th day of each month thereafter, an amount equal to one-twelfth
(1/12) of the next annual principal payment to become due on the
certificates or all pledged net revenues of the System (except $100)
remaining in the System Fund on such dates, whichever amount is the
lesser.
The monthly deposits to be made to the Certificate Fund,
as hereinabove provided shall be made until such time as such Fund
contains an amount equal to pay the principal of and interest on
the Certificates to final maturity.
SECTION 14: All 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 such Funds shallfbe used for the purposes permitted by this
ordinance.
SECTION 15: The City covenants and agrees with the holder
or holders of the certificates that it will maintain and operate ...„
the System with all possible efficiency while any certificates remain
outstanding and unpaid; that it will faithfully and punctually
perform all duties whith reference to the System required by the
Constitution and law of the State of Texas, including the making
and collecting of reasonable and sufficient rates for sewer services
OOO..e 1
supplied by the System and the segregation and application of the revenues
of the System as required by the provisions of the ordinances authorizing
the issuance of the first lien bonds and this ordinance; and that no free
services shall be rendered by the System to any customers, including
the City and its various departments, and that sewer services used by
the City and its various departments shall be paid for at the same rates
charged other customers.
SECTION 16: The City further covenants and agrees to keep
proper books of records and accounts (separate from all other records
and accounts) in which complete and correct entries shall be made of
all transactions relating to the system. The City shall furnish to the
Executive Director of the Municipal Advisory Council of Texas at his
office in Austin, Texas, and to any holder of any of the certificates
at the written request of such holder, not more than thirty (30) days
after the close of each six months ' fiscal period,
complete operating and income statements of the System in reasonable
detail covering such six months ' period, and not more than sixty
(60) days after the close of each fiscal year, complete financial
statements of the System in reasonable detail covering such fiscal
year, certified by independent auditors.
SECTION 17: Any holder or holders of twenty-five percentum
(25%) of the principal amount of the outstanding certificates shall
have the right at all reasonable times to inspect the System and all
records, accounts and data of the City relating thereto.
SECTION 18: In addition to all the rights and remedies
provided by the laws of the State of Texas, the City covenants and
agrees particularly that in the event the City (a) defaults in payment
to be made to the Certificate Fund, or (b) defaults in the observance
or performance of any other of the covenants, conditions or obligations
set forth in this ordinance, the following remedies shall be available:
(a) The holder or holders of any of the certificates
shall be entitled to a writ of mandamus issued by a court
of proper jurisdiction compelling and requiring the City
Council and other officers of the City to observe and perform
any covenant, condition, or obligation prescribed in this
ordinance.
(b) No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or
power, or shall be construed to be a waiver of any such
default or acquiescence therein, and every such right and
power may be exercised from time to time and as often as
may be deemed expedient.
The specific remedies herein provided shall be cumulative
of all other existing remedies and the specification to such remedies
shall not be deemed to be exclusive.
SECTION 19: The City hereby further covenants as follows:
(a) That it has the lawful power to pledge the revenues
supporting this issue of certificates and has lawfully
exercised said powers under the Constitution and laws of
the State of Texas, including said power existing under
Articles 1111 et seq. , and Article 2368 a. 1, V.A.T.C.S.
THAT the Certificates shall be ratably secured under said
pledge of income in such manner that one certificate shall have no
preference over any other certificate of said issue.
(b) That other than for the payment of the first lien bonds
and the certificates, the rents, revenues, and income 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.
(c) That, as long as any certificates or any interest
thereon remain outstanding, the City will not sell, leasel, or encumber
the System or any substantial part thereof, provided that this shall
not be construed to prohibit the sale of such machinery, or other
properties or equipment which has become obsolete or otherwise
unaated to the efficient operation of the System; also, with the
exception of additional first lien bonds issued in accordance with
the terms and conditions of the ordinances authorizing the previously
issued first lien bonds and additional certificated to be secured by
both taxes and net revenues of the System hereby expressly permitted
to be issued (which may be issued on a parity (insofar as net revenues
are concerned) with this series of certificates) , it will not encumber
the revenues of the System $iereof unless such encumbrance is made
junior and subordinate to all of the provisions of the certificates
herein authorized.
(d) To the extent that it legally can, the City further
covenants and agrees that, as long as any of the certificates or any
interest thereon are outstanding, no franchise shall be granted for
the installation or operation of any competing sanitary sewer system,
that the City will prohibit the operation of any sewer system other
than that owned by the City and the operation of any such system
by anyone other than the City is hereby prohibited.
SECTION 20: It is the intention of this governing body
and accordingly here recognized and stipulated that those provisions,
conditions and other recitals contained in the ordinances authorizing
the first lien bonds which bear upon the management of the affairs
of the System and methods of providing and administering its net
revenues shall be applicable assappropriate to the certificates herein
authorized but in all respects subject to the priorities of the
first lien bonds.
SECTION 21: Each of the certificates herein authorized
shall be deemed and construed to be a "secutiry, " and as such a
negotiable instrument, within the meaning of Article 8 of the
Uniform Commercial Code.
SECTION 22: That the proceeds to be realized from the
sale of the certificates herein authorized shall be expended and the
same are hereby budgeted and appropriated for the following purposes,
to-wit:
(a) $22, 750 - for a contract to be executed with
Bill Stroble, Mfg. Representative, E. I. Dupont ..,
Aldyl (D) Pipe, Arlington, Texas, for the purchase
of sewer pipe;
(b) $3, 500 - to pay for engineering services to be
rendered by Henningson, Durhum & Richardson, Inc. of
Texas, Dallas, Texas, in relation to certain improvements
ij
to be made to the City' s Sewer System.
(c) $3, 125 - to pay for financial advisor services to
be rendered by First Southwest Company, Dallas, Texas, in
relation to the issuance of the certificates.
(d) $625 - to pay for legal services to be rendered by
Dumas, Huguenin, Boothman & Morrow, Attorneys, Dallas, Texas,
in relation to the issuance and delivery of the Certificates.
SECTION 23 : The sale of the certificates herein authorized to
FIRST SOUTHWEST COMPANY, Dallas, Texas, at the price of par and accrued
interest to date of delivery, is hereby confirmed. Delivery of the
bonds shall be made to said purchaser as soon as may be after the
adoption of this ordinance, upon payment therefor in accordance with
the terms of sale.
SECTION 24: The purchaser' s obligation to accept delivery
of the certificates herein authorized is subject to their being furnished
a final opinion of Messrs. Dumas, Huguenin, Boothman and Morrow, Dallas,
Texas, approving such certificates as to their balidity, said opinion
to be dated and delivered as of the date of delivery and payment for
such certificates. Printing of a true and correct copy of said opinion
on the reverse side of each of the certificates, with appropriate
certificate pertaining thereto executed by facsimile signature of the
City Secretary is hereby approved and authorized.
SECTION 25: CUSIP numbers may be printed on the certificates
herein authorized. It is expressly provided, however, that the presence
or absence of CUSIP numbers on the certificates shall be of no significance
or effect as regards the legality thereof and neither the City nor
attorneys approving said certificates as to legality are to be held
responsible for CUSIP numbers incorrectly printed on the certificates.
SECTION 26: The Mayor shall be and he 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, and shall
take and have charge and control of the certificates herein authorized
pending their approval by the Attorney General, registration by the
Comptroller of Public Accounts, and delivery to the purchaser thereof.
SECTION 27: That the City hereby covenants that the proceeds
from the sale of said certificates will be used as soon as practicable
for the purpose for which said certificates are issued; that such
proceeds will not be invested in any securities or obligations except
for the temporary period pending such use; and that such proceeds will
not be used directly or indirectly so as to cause all or any part of
said certificates to be or become "arbitrage" obligations within the
meaning of Section 103 (d) of the Internal Revenue Code of 1954, as
amended, or any regulations or rulings prescribed or made pursuant
thereto.
SECTION 28: That fact that it is to the best interest of the
City to provide the funds needed to execute the contract for the purchase
of sewer pipe in order that said pipe can be delivered at the earliest
possible date, constitutes and creates an emergency and an urgent public
necessity, requiring that any rule providing for ordinances to be read
and voted upon at more than one meeting of the City Council be suspended
94
and requiring that this ordinance be passed and take effect as an
emergency measure, and such rules and provisions are accordingly
suspended, and this ordinance is passed as an emergency measure
and shall take and have effect and be in full force from and after
its passage.
PASSED AND APPROVED this the 13th day of August, 1974.
� f� (fIII/
}mow 1 , 9
Mayor, Cityof Wylie, Texas
Y Y
ATTEST:
r
City Secretary, City .'•f Wylie, Texas
(CITY SEAL)
ORDINANCE NO. 74-6
ORDINANCE AWARDING CONTRACT FOR THE PURCHASE OF SEWER
PIPE TO BILL STROBLE, MFG. REPRESENTATIVE, E. I. DuPONT
ALYDL, (D) PIPE, CONTRACTOR
THE STATE OF TEXAS
COUNTY OF COLLIN
CITY OF WYLIE
ON THIS, the 13th day of August, 1974, the City Council of
The City of Wylie, Texas, convened in regular session at the regular
meeting place thereof in the City Hall, the meeting being open to the
public and notice of said meeting hating been given as prescribed
by Article 6252-17, Section 3A, V.A.T.C.S. , there being present and
in attendance the following members, to wit:
DON R. THOMAS MAYOR
R. C. DODD
DWAYNE BOYD
EDWARD BUTLER ALDERMEN
KENNETH NALL
WILLIAM MARTIN
and with the following absent: none , constituting a quorum; and
among other proceedings had were the following:
The Mayor introduced a proposed ordinance. The ordinande ._...
was read in full.
Alderman Dwayne Boyd made a motion that any rule requiring
ordinances to be read more than one time or at more than one meeting
be suspended. The motion was seconded by Alderman Kenneth Nall and
carried by the following vote:
.)
AYES: Aldermen Dodd, Boyd, Butler, Nall and Martin.
NOES: None.
The Mayor announced that the ordinance had been finally passed.
The ORDINANCE IS AS FOLLOWS:
AN ORDINANCE by the City Council of the City of Wylie, Texas,
awarding a contract for the purchase of sewer pipe to
Bill Stroble, Mfg. Representative, E. I. DuPone Alydi (D)
Pipe, Arlington, Texas; ratifying and confirming the publication
of notice to bidders; making provision for the payment of said
contract; and declaring an emergency.
WHEREAS, notice to bidders has been duly given of this
governing body' s intention to let a contract for the purchase of
sewer pipe, such notice having been published in the Wylie News on the
18th day of July, 1974, and the 25th day of July, 1974; and,
WHEREAS, all bids received in response to said notice have
been checked and evaluated, and it has been reported to this City Council
that the bid of Bill Stroble, Mfg. Representative, E. I. DuPont Aldyl (D)
Pipe, Arlington, Texas, in the amount of $22, 785.90 was the lowest
and best bid submitted; and,
WHEREAS, it has further been recommended to this City Council
—7 that said bid be accepted and the City enter into and execute the
following contract with said Contractor, to wit:
AND WHEREAS, it is hereby found and determined by this govenment
body that the bid of Bill Stroble, Mfg. Representative, E. I. DuPont
Aldyl (D) Pipe, Arlington, Texas, it the lowest and best bid received.
for the hereinabove described contract; that said bid was submitted.
in accordance with the terms and conditions of the notice to bidders,
and that said bid should be accepted and a contract for the purchase
of said sewer pipe should be awarded to said Contractor; and,
WHEREAS, it is now proper for this governing body to authorize
the execution of said contract and provide for the payment thereof;
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1: That the acts of the Mayor of the City of Wile,
Texas, in causing notice to bidders of the City' s intention to let a
contract for the purchase of sewer pipe to be published in the Wylie
News are hereby in all respects ratified, confirmed and approved
by this governing body.
SECTION 2: That all the findings and recitals contained.
.„ in the preamble of this ordinance are hereby adopted as a part of this
ordinance and as the judgment of this City Council and are hereby
incorporated herein as though set forth at length as a part of this
Section.
SECTION 3 : That the contract set forth in the preamble hereof
by and between the City of Wylie, Texas, and Bill Stroble, Mfg. Repre-
sentative, E. I. DuPont Aldyl (D) pipe, Arlington, Texas, in the
amount of $22, 785.90, is hereby approved and the Mayor and City '^
Secretary are hereby authorized and directed to execute said contact
for and on behalf of the City of Wylie, Texas, and as the act and
deed of said City and this governing body.
SECTION 4: That the contract herein awarded and authorized
to be executed shall be paid as follows; $22, 750 with funds realized
from the sale of $30, 000 "City of Wylie, Texas, Combination Tax
and Revenue Certificates of Obligation, Series 1974, "
dated August 15, 1974; and $35.90 from current funds of the City
legally available and unappropriated for any other purpose, and
such amount of current funds is hereby appropriated and the City
Treasurer is hereby authorized and directed to set aside such
amount from the current funds of the City for such purpose.
SECTION 5: That the public importance of this measure and
the fact that it is to the best interest of the City and its inhabitants
to acquire the sewer pipe being purchased at the earliest possible
date constitute and create an emergency and an urgent publiec
necessity, requiring that any rule providing for ordinances to be read
more than one time or at more than one meeting of the City Council
be suspended, and requiring that this ordinance be passed and take
effect as an emergency measure, and such rules and provisions are
accordingly suspended, and this ordinance is passed as an emergency
measure and shall take effect and be in full force from and after
its passage.
PASSED AND APPROVED, is the 13th day o August, 1974.
4
Ma or, City of lie, Texas
ATTEST:
City Secretary, Cit of Wylie, Texas
(City Seal)
Motion by Ald. Boyd and Seconded by Ald. Dodd to pass Ordinance 74-2,
an ordinance annexing 11.118 acres of School land. All Ayes.
Motion by Aid. Dodd and seconded by Ald. Butler to approve contract for
Mutual boundary with Town of Parker. All Ayes.
Variance in building material for a commercial building for Richardson
Savings & Loan to be located at Hwy. 78 and S. Second Street. Was ...,,,
approved on motion by Ald. Martin and seconded by Ald. Butler. All Ayes.
2w
Ordinance 74-3, Ordering improvements to North Second Street, Ordinance
74-4, Adopting Costs and Assessments. Cooper Concrete bid 3. 25 per ft.
for 30' curb and gutter and Martin Asphalt Co. bid $7167. 20 for rock and
`- asphalt. Total bid per linear foot $7.00 cost assessed to property
owner. Motion by Ald. Butler and seconded by Aid. Boyd. All Ayes.
Motion by Ald. Martin and seconded by Ald. Dodd to accept Resolution
and make final payment of $11, 730. 75 to A. E. Mitchell Construction Co.
for sewer plant construction. All Ayes.
Motion to accept gas cost adjustment from Lone Star Gas Co. by Ald. Boyd
and seconded by Ald. Martin. All Ayes.
Rental contract with Santa Fe Railroad was tabled until next regular meeting
and ask City Manager to write a letter requesting the City Railroad Crossing
be repaired, on motion by Ald. Dodd and seconded by Ald. Nall. All Ayes.
The Dallas Chapter, American Institute of Banking ask that we proclaim
the week of September 2 through September 6 "Banking Education Week" for
Wylie, on motion by Ald. Martin and seconded by Aid. Nall. All Ayes.
The expenditures and minutes of July were approved on motion by Ald.
Martin and seconded by Ald. Dodd. All Ayes.
The Council voted to meet Monday, August 19, 1974, in City Hall at 7:00 PM
to work on the City Budget for 1974-75.
Motion to adjourn by Ald. Boyd and seconded by Ald. Martin. Motion
carried. Meeting adjourned.
Don R. Thomas, Mayor
( i 4� V X-�e�/Onei a Gallagher, CitSecretary