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03-08-1988 (City Council) Agenda Packet DATE POSTED 3-4-88 TIME POSTED 5:00 P. M. AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE MARCH 8, 1988 7 :00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HWY. 78 NORTH CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 9 Consider approval of minutes for February 23rd and March 1st meetings 2 10 - 11 Consider award of bid for radios for the new police cars 3 Insert Presentation of 1988 Action Plan for the City of Wylie 4 12 Consider approval of reappointment of Mr . Raymond Cooper to the North Texas Municipal Water District Board of Directors as representative for the City of Wylie - two year term PUBLIC READING OF RESOLUTIONS AND ORDINANCES 5 13 - 29 Consider approval of a Resolution approving/authorizing the execution of a "Paying Agent/Registrar Agreement" in relation to the "City of Wylie,Texas, Public Property Finance Contractual Obligations Series, 1988 and resolving other matters incident and related thereto. (Equipment Refinancing) 6 30 - 65 Consider approval of Ordinance authorizing the issuance of $400,000 City of Wylie Contractual obligations in all matters incident and related thereto (Equipment Refinancing) 7 66 - 68 Consider approval of an Ordinance amending the Plumbing Code to comply with the Water Conservation Plan as required by Texas Water Development Board 8 69 - 74 Consider approval of an Insert Ordinance adopting the Drought Contingency Plan as required by Texas Water Development Board ORDER OF PAGE BUSINESS REFERENCE BUSINESS GENERAL DISCUSSION 9 Citizen Participation 10 Council Discussion 11 Recess open meeting 12 Convene into Executive Session under the authority of ARticle 6252-17 V.A.C.S. , Section 2 paragraph "g" personnel matters - Performance Review of City Manager 13 Reconvene open meeting 14 Adjourn CITY COUNCIL MEETING MINUTES FEBRUARY 23, 1988 The Wylie City Council met in regular session on Tuesday, February 23 , 1988 at 7 :00 P.M. in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan, Council Members Cal Westerhof , John Akin, Chris DiTota, Kent Crane and Marvin Blakey, Finance Director James Johnson, City Secretary Carolyn Jones, Code Enforcement Officer Roy Faires, Chief of Police Royce Abbott, Key Rate Consultant Tom Wood. City Manager John Pitstick was absent. Mayor Trimble called the meeting to order and Councilman Akin gave the invocation. APPROVAL OF MINUTES: Mayor Pro Tem Donovan corrected the minutes of February 9th to reflect that Mayor Pro Tem Donovan made the statement to correct coffee machines to copy machines in stead of Councilman DiTota. Mayor Pro Tem Donovan stated that Councilman Akin made the motion to approve the final plat for construction only for Westgate Phase II . Councilman Westerhof made a motion to approve the minutes with the above corrections. Seconded by Councilman DiTota. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . PRESENTATION OF CERTIFICATE OF APPRECIATION AWARD TO MR. RALPH PINKUS: This certification of appreciation is being presented to Mr. Ralph Pinkus for the fifty Crepe Myrtle Trees given to the City of Wylie. Councilman Akin stated that in 1986 the City was trying to obtain funds from the Texas Highway Department for a beautification program and Mr . Pinkus made a statement at that time that he would give the city some Crepe Myrtles . There was a lot of support for this program and there were pictures made for the paper with Mr. Pinkus and I , but it never made the news . Mr. Pinkus was contacted a few months ago and he gave the trees to the City for our new complex . It was brought to my attention that we never thanked Mr . Pinkus for these trees. Mr . Pinkus has had Nortex Nursery in our City since early 1970 ' s . What I am trying to say is we are trying to get volunteers and we have not thanked someone who have already volunteered . Councilman Akin stated that we should not let this happen. I wanted to let Mr . Pinkus know how much I appreciated him. Motion was made by Councilman Akin to approve the presentation of the certificate of appreciation to Mr. Pinkus . Seconded by Councilman Crane. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . Mayor Trimble called Mr . Pinkus to the front and made the presentation. CONSENT AGENDA: APPROVAL OF RESOLUTION RELEASING A 1976 CADILLAC TO BE SOLD IN AUCTION, APPROVAL OF RESOLUTION ESTABLISHING LAVON DR. AS THE OFFICIAL NAME FOR STATE HIGHWAY 78 , APPROVAL OF RESOLUTION PROVIDING FOR CITY MANAGER TO HAVE AUTHORITY TO ENTER INTO A COOPERATIVE I AGREEMENT WITH THE U. S. ARMY CORPS OF ENGINEERS, AND APPROVAL OF FIRST INSTALLMENT TAX ROLLBACK REFUND CHECKS: Councilman DiTota wanted to know if the car was and would be impounded until the auction. Finance Director James Johnson said yes. Mayor Pro Tem Donovan wanted to know if the funds remain the same if Council does de-annex some of the lake property. Chief Abbot said that is what he has been told that the funds will not change. Motion was made by Councilman Westerhof to approve the items in the consent agenda. Seconded by Councilman Akin. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor, and Councilman Blakey - in favor. This motion carried with all in favor . APPEAL TO COUNCIL FOR APPROVAL OF A PROGRAM FOR A VOLUNTEER FIRE DEPARTMENT FUND-RAISER: Finance Director James Johnson said there was a staff report to Council regarding Gallery Portraits selling portraits for the Fire Department . Staff talked with Rob Dillard and lending the City name for profit is not constitutional . Staff has a problem with it . Mayor Pro Tem Donovan said her concern is we are going to have a lot of volunteer programs and I hope we do not sit up here and tell them they can not help with a fund-raiser . Mayor Pro Tem Donovan wanted to know how they were getting by with this in other cities. Councilman Akin said we have done this in the past and this is the first time we have heard of it not being legal . Finance Director James Johnson said there are methods and ways of doing this . Mr . Faires said that Mr . Pitstick and himself had concern about the people not being under the City' s control . When it is under our control we know the money comes in to us . These people are using the City' s name and logo and making profit . Councilman DiTota said he had talked with a person in our City and he had not been contacted in regards to doing this and would if our Fire Department had called on him. I had rather see the money on sale tax stay in the City instead of going to Georgia. Mayor Trimble said the Fire Department is a volunteer department and operates separate and apart from the City. The City owns the equipment but not the people. The City does not employ the people, I have a hard time understanding why they cannot do this. These people should not use the City Logo. Mayor Pro Tem Donovan wanted to know if everyone had read the letter in the packet. Mayor Trimble said the logo should be taken off the letter. Councilman Akin said he would like to see the City Manager and the Fire Department get together and work this problem out so it can be done. Councilman DiTota said there are a lot of fund-raisers such as pancake suppers, bake sales, etc. Councilman DiTota said not to forget we have someone in our City who is willing to do the same thing. Mayor Pro Tem Donovan said the reason the Fire Department went with this company is they came to the Fire Department . This company has references and have been in other cities. When you have someone going door to door to get money and they guarantee the department $1 ,500 .00 , and that a percentage of the extra money collected for the extra portraits sold will come back to the fire department, I don' t understand why we cannot do it. Councilman Crane said it brings up a problem, there is another City where the fire department had a falling out with the Council and the volunteer fire department claimed the property and equipment was theirs . Mayor Trimble said they found that this equipment and property belonged to the City not the volunteer fire department. Mayor Trimble also stated that the organization is not the City' s organization. Councilman Westerhof said if this is approved the staff should govern them with a stern hand. Councilman Crane said we would have to be careful if we begin to pose special regulations on this then we are crossing the line as to who they are serving, the individual volunteers or the City of Wylie. Councilman Blakey said there are other who use the school and my feelings are if they have a good tract record I have no problem with it . Councilman Akin said fire department does a thorough job of checking these firms out . Mayor Trimble said he did not want to over see their fund- raisers , the volunteer fire department is separate and apart from the City. Finance Director James Johnson said the City pays workers compensation, retirement fund and pay for fire calls and meetings. Mayor Trimble asked Mr . Johnson if the report was filed. Mr. Johnson said yes , it is filed under the City of Wylie. Mayor Trimble stated that it was not violation of the law but liability for the City. Ms . Kim Brown, representative from Gallery Portraits, stated that they always register with the police department in every city. Ms. Brown stated that the city has control because on the permit it states the City can revoke it at any time. This is the first time I have run into this problem where the Council did not want us to help the volunteer fire department. Ms. Brown said the way we stay in business is to make the fire department happy and raise them money. This company does have a Dallas office and the people selling will be out of this Dallas office. Councilman Blakey asked about where the sales tax would go. Councilman Westerhof said it would be paid to Atlanta . Ms. Brown said the fire department could make $10 .00 off of the coupon. This company expects to raise the fire department $5 ,000 . Ms. Brown said that she told the City Manager that they would take the "Wylie" out of the letter . Mayor Trimble asked Mr . Lester Gayler if there was an auxiliary. Mr. Gayler said there used to be but it is in active at this time. A member from the volunteer fire department said that the ladies auxiliary was going to start back up in March. Mayor Trimble stated that the fire department did not have an organization that these people could represent. Mayor Trimble also stated that the fire department needed to file the necessary papers for them to be known as volunteer fire department. Councilman Akin wanted to know when this program would start. Mr . Roy Faires said they have already started in County. Ms. Brown said we were told to get a permit before we come into the city limits. Councilman DiTota said that the fire department did service outside the city limits and if they sell outside the city limits, we do not get the sales tax . Councilman Crane said that the Council should support the staff until all matters are cleared up. This item died on the table for a lack of a motion. APPROVAL OF LEASE AGREEMENT FOR TELEX COMPUTER SYSTEM - POLICE DEPARTMENT: This is before Council for authorization J for the City Manager to sign the lease agreement for this equipment . Councilman Akin wanted to know if this is the same equipment the department got through a grant a few years ago. Mr. Johnson said yes, it is the up date to the system. The equipment is here and had been put into service. The department is getting this through Texas Department of Public Safety for $9,000 . with three (3) years to pay. This is a high cost item. Chief Abbott said the old computer was on a grant and it has expired and all equipment had to be updated with what Austin is now using . Motion was made by Councilman Westerhof to approve the authorization for the City Manager to sign a lease agreement for the Telex Computer System. Seconded by Councilman Akin. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor, Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor. DISCUSSION OF STAFF RECOMMENDATIONS FOR REVISION OF VARIOUS DEVELOPMENT FEES: Mr . Johnson stated that this is a discussion item and will be brought back to Council later. Mr. Ron Homeyer, Assist. Engineer , stated in comparing our fees with other cities, staff feels there is need for a few changes . Staff is submitting the following for Council to consider later: Final Plat - no change Park Fees - staff is recommending eliminating Perimeter Street Fees - Staff is recommending some changes - during active development, the developer must construct a minimum of 24 ' concrete pavement of all perimeter collector and thoroughfare streets . Staff recommends that the developer not be allowed to put money in escrow. Lift Station Fees - staff is recommending revisions - these revisions are based upon the interfacing with a Regional Wastewater System. Impact Fees - no changes Councilman Akin stated that the park fees were brought to Council back in 83/84 , but were not adopted at that time. These fees were adopted some time later , had Council adopted them in 83/84 we would have a better park system today. Councilman DiTota asked if the City of Allen was using this type of system for parks. Mr . Homeyer said in Allen they are allowed to use property in flood plain, in Wylie the property has to be outside the 100 year flood plain. Wylie will accept the property in the flood plain but will not count it toward this ordinance. Mr . Homeyer said that the City of Rockwall is very different , it depends on where the property is and how many parks are already in that area. Councilman Crane stated that if we wait, then we will not be able to obtain the land later. Mayor Trimble wanted to know if this was related to the new laws . Mr . Homeyer said yes, but that the Senate Bill allows cities three (3) years to do a study and master plan. Mayor Pro Tem Donovan wanted to know if some type of action had to be shown within a twelve (12) month period. Councilman Blakey said if we had a master plan for the park then you could visualize Wylie having two (2) or three (3) 4 large parks . Mr . Faires said most of you know that I carried this to the Park Board and Planning and Zoning and City Council. The master plan we have is not as detailed as you would want, but this was done in order to give us some flexibility to accept land or not. Mayor Pro Tem Donovan said she hated to see us loose any land because we do not have a master plan. Councilman DiTota said Plano shows no fees - has this been revised . Mr . Homeyer said he was told that they did not have any fees. Mr . Faires stated that up until 1986 every park ordinance has been struck down, but College Station was taken to the Supreme Court and there it was upheld. That is why the City of Wylie choose to go with the ordinance from College Station. Councilman DiTota wanted to know if it would be possible for the developer to put in sidewalks through the development and not wait until the house is built . Mr . Faires stated that from his experience, if the developer puts in the sidewalks, it will not hold up because of the heavy traffic over them during the building of the house. After lengthy discussion on the perimeter streets and on certain subdivision, Mayor Trimble stated that a work shop needed to be held by staff in order to work on these fees. PRESENTATION BY CONSULTANT ON KEY RATE ANALYSIS: Mr . Tom Wood, Key Rate Consultant, explained that a key rate is based on factor of cost of property insurance. The lower the key rate the lower the cost of your insurance. The water system, fire department, electric, building codes and fire losses also fit into the key rate. Wylie fire records are high in losses. The current key rate as of 2-1-88 is $ .30 . I have spent some time with the fire marshal and he knows what needs to be done to try and bring these loses down. I feel that there are loses listed under Wylie that are not within your city limits. The city could bring the key rate down to $. 29 if you can bring your home owners premium down. Mr. Wood went through a list of items such as size of pipe in the older part of town, wood shingles needed to be treated , need moore elevated storage for water , but also reflected that some of these items would take care of themselves as the city grew. Some could be taken care of by the fire marshal and I have talked with him. The City has improved since I was last here, which was in 1981 . The City has helped by having a building and codes department and are enforcing these ordinances. The fire department is in good shape for a volunteer department . All equipment is working and I have told the department that they need to get in a roof survey. The city has mutual aid with other cities. Mayor Trimble wanted to know the effect a paid fire department would have on the key rate. Mr . Wood said it will bring it down a lot, if you had 12 paid firemen with population of 8 ,000 with three men on duty at all time, there would be a ten cent deduction from the key rate. Mr . Wood also stated that a paid fire department is very expensive. Once you go to a paid fire department you will not go back to volunteers. It is better to spend you money making the volunteer program more attractive then trying to bring down the key rate with a paid department. Councilman Crane wanted to know what procedures to go through to get the State to lower the key rate. Mr . Wood said do not try this until the records are corrected and the S roof survey is done and a number of other things that I have told the fire marshal about . Mr . Woods suggested that the volunteer fire department make inspections and that should help keep the fire calls down. Mr. Wood also stated that the water was being treated with aluminum sulfate and this is clogging up your lines. Mayor Pro Tem Donovan said she called North Texas Municipal Water District today and they said they did not use aluminum sulfate for treating the water, they use calcum sulfate. Mr . Wood ask Mrs. Donovan to get with Larry Allen and let him show you the trucks . Mr . Allen also told me he had to replace the plumbing in his house because of this . CITIZEN PARTICIPATION: Mayor Trimble invited any one wishing to speak to come forward at this time, but to keep their comments to within two minutes . There was no participation at this time. COUNCIL DISCUSSION: Mayor Pro Tem Donovan said last night there was a BBQ for some of Sanden Corp. I was put in a very bad position as Mr . Wallace Jones said he would see me later at the BBQ and I did not know what he was talking about. I was very up set that I did not know what was going on. Mayor Pro Tem Donovan wanted to know if Southfork was having water pressure problems. At least once a month they are without water from the report I got. Mr . Homeyer said the problem is being addressed and should be fixed within the next month. Councilman Akin wanted to know what the problem was . Mr . Homeyer stated that two (2) pumps designed for fire protection were installed instead of what was needed , on a daily demand, as the pumps shut off the pressure falls due to not having proper pumps . The storage tank will not hold enough after the pumps shut off . The right type of pumps are being installed and this should correct the problem. Mayor Pro Tem Donovan asked the city secretary about the Lucas agreement and if it had been started through the de- annexation procedure. City Secretary Carolyn Jones said that she had been working as receptionist and court clerk all week and had not had time to do work on this project. Mayor Pro Tem Donovan said she would come to the office this week and get the paper to engineering in order for things to get started if that was ok. Mayor Trimble apologized to Mayor Pro Tem Donovan and Council for not telling them about the BBQ with Sanden. This was a good meeting with Sanden and good input from them in regards to the vendors that would be coming into Wylie. There being no other business, a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST : Carolyn Jones , City Secretary CALLED CITY COUNCIL MEETING - MINUTES MARCH 1, 1988 The Wylie City Council met in a called session on Tuesday, March 1 , 1988 in the Conference Room of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan, Council Members Cal Westerhof , Marvin Blakey, Chris DiTota and John Akin, City Manager John Pitstick, City Secretary Carolyn Jones, Finance Director James Johnson, Public Works Superintendent Don White, Assist. Engineer Ron Homeyer , Mr . Frank Medanich and Mr. David Medanich from First Southwest Investments. Councilman Crane arrived late for the meeting. Mayor Trimble called the meeting to order and Mayor Pro Tem Donovan gave the invocation . PRESENTATION BY JOHN MORGAN FOR USE OF COMMUNITY PARK FOR CIRCUS EVENT: Mr . Morgan stated that the circus was one of the major money making projects that WSA has each year . WSA was turned down by Century Business Park as it was just sold. The school also turned us down. Councilman Akin asked Mr . Morgan if he had said the school had turned him down. Mr . Morgan said yes. Councilman Akin said he was not for having our park grounds torn up, if it rains there will be a big problem. Mayor Pro Tem Donovan wanted to know if Mr . Morgan had checked with Barron Cook. Mayor Pro Tem Donovan stated she did not want our park grounds torn up either, and that there would be more of a chance for vandalism in the park area and the Library. Mayor Trimble asked how the lease read , and have you talked with Oaks Center . Mr . Morgan said the Oaks Center did not think there was enough grassy area for the tent. Councilman Akin stated that the circus use to use the lot just behind the fruit stand on Highway 78 . City Manager John Pitstick said the park road is not made for heavy equipment or trucks . Mayor Pro Tem Donovan wanted to know if there was a problem with the fund-raiser for WSA as there was with the fire department . City Manager John Pitstick said no. Councilman Akin stated he would like to see the circus in the triangle on the highway and if they went to the park some money put in escrow to protect against the damage . Councilman Blakey asked Mr . Morgan if he was comfortable with the circus crew, if the City held WSA responsible for damages . Councilman Akin asked Mr. Morgan if the money received would go back into the park. Mr . Morgan said yes . COMMUNITY PARK FOR CIRCUS EVENT ON MARCH 14 & 15: Motion was made by Councilman Westerhof to table this item until the March 8th meeting and for Mr . Morgan to check on the other properties. Seconded by Mayor Pro Tem Donovan. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . Mayor Trimble recessed the business meeting and convened Council into a work session on the proposed priority street program, refinancing of equipment and financial proposals for landfill , street program and sewage collection system. City Manager John Pitstick stated that the original equipment purchased was for $350,029 . and this was for six (6) pieces of equipment. City Attorney Rob Dillard has told staff that there is no way to get out of the lease purchase. City has paid on this for 32 months and there is a buy out figure of $274 ,133 . 29 if done by April 1 , 1988 . City Manager John Pitstick also stated that there was a clause in the agreement that will not allow you to get out without buying out the contract. By buying it out now, you can save $11 ,000 . in interest. Finance Director James Johnson said the cleanest way to get title is to buy it out and then if you want, sell it at market value. City Manager John Pitstick said the following is information on equipment for the street department : Dump Truck - necessary to keep - this piece of equipment is used daily Bomag - if the City has a street program, it is a must to keep the bomag. This machine will do all the base work that is necessary. Bomag roller - not the best piece of equipment for the use we need in the City. The City needs a pneumatic roller. The City can rent/lease a pneumatic roller for three or four months for approximately $2 ,000 . per month. Crack Sealer - the seal material needed for this crack sealer has to be heated to 450 degrees and staff does not have the right type of protective clothing for operating this machine. City does need to utilize a crack sealer in order to have a preventive maintenance program. Staff wants to keep this crack sealer, but use a different type of material . Distributor Truck - this piece of equipment could be sold if the City contracts out the overlay (topping) of the streets. Street Sweeper - high maintenance item with a lot of down time. Staff does not have the people to operate this at this time, and does not recommend a sweeping program at this time. Later if we have the staff , a street sweeping program could be done, but at the same time, staff does not oppose to putting this in the auction with a minimum bid. City Manager John Pitstick went over what would be needed in the way of equipment for a good street program: Pneumatic roller - rent/lease for three or four months Motor Grader - buy used - approximately $40 ,000 . Backhoe - to purchase a new one approximate cost $40 ,000 . Labor - need to hire three (3) part time employees during summer months when City is doing street work, estimated cost of $12 ,000 . K Sewer Pump Truck - purchase of this equipment is necessary City Manager John Pitstick went over the proposed priority street list that Council has set up a few months ago. Staff would like to try for the first four streets this spring and summer . These streets are Callie Court including a cul-de- sac, Birmingham Street (from Hwy. 78 to S. Ballard) , East Stone (from Birmingham to Ballard) , and Brown Street (from Ballard St. to Hwy. 78) , and South Ballard Street (from Stone Rd. to City Limits) . City Manager John Pitstick then went over the equipment notes and certificates of obligation. There would be five equipment notes, buy out of Bomag lease purchase, a motor grader, a backhoe and a sewer pump truck with a total cost of $392 ,133 . There would also be a twenty (20) year certificate of obligation which includes the street program, assessment, labor and lease of pneumatic roller, replacement of utility lines, landfill , priority sewer design and phase one of the sewer lines which totals $1 ,243 ,690 . The equipment notes and certificates of obligation would have 80% charged to General Fund and 20% charged to Utility Fund for debt service. City Manager John Pitstick stated that if Council wanted a major street program, staff had to move forward. If the above is done it would affect the tax rate as follows : 1987/88 1988/90 1989/90 0 & M .41 8% .4428 .4428 Debit .09 growth .1481 .1653 .50 .5909 .6081 Water 6 . 50 6 .50 6 .50 Sewer 7 .00 8 .50 10 .84 Councilman DiTota wanted to know why not go for a full bond program. City Manager John Pitstick said because the City could not afford it right now. Councilman DiTota said on the equipment, can staff contract out the manpower to run the machines. Mr . Johnson said we are, by hiring the three part time people. Mr . Frank Medanich was asked about the debt service for the City. Mr . Medanich said the debt service on the tax rate is very low for Wylie. The City of Plano debt service is 30% of the total tax roll and has been as high as 50% . The City of Denton is the same. Mayor Trimble set up public hearings on March 22nd and April 12th for informing the public of the street program. There being no other business or discussion, a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST : Carolyn Jones, City Secretary Staff Report toMayor and City Council DATE: SUBJECT: NO: / 3-3-88 BID NO. 88-05 TWO (2) MOBILE RADIOS FOR POLICE C S Budget - Police Patrol (Dept. 202) account 4710 - $6 ,200 .00 Bid opening on afternoon of February 17 , 1988, bid award recommendation delayed due to Chief Abbott checking out performance and record of the three (3) different types of radios bid. See attached sheet for list of bids. The City is currently using and has been replacing its police radios with Motorola Radio equipment like the equipment bid . Chief Abbot believes that the standardization of this type of equipment would allow for a better utilization of the equipment in the department. I fully support his belief and concur in dealing with one vendor on the maintenance of the equipment rather than several . Chief Abbott also believes that the Motorola equipment is better equipment with a better record of performance. Extending out the cost of equipment for the Motorola and Midland radios with the 1st, 2nd and 3rd yr .contract costs, the total costs are as follows : Motorola $6,140 .00 Midland $6,230 .00 G E $7 ,953.66 Staff believes the initial price difference of $474 between the two is more than made up by the contract maintenance, standardization and performance of said equipment. STAFF RECOMMENDATION: - Best Bid Motorola Communications Motorola Model Syntor 9000 ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL James Johnson, Finance Director - _ FOR ADD.INFO. CONTACT: OTHER: James Johnson, Finance Director D ************************************************************************************************************* BID NO. 88-05 - RADIOS POLICE CAR ************************************************************************************************************* VENDOR TYPE OF RADIO PRICE EACH TOTAL DELIVERY SERVICE MAINT. CONTRACT ************************************************************************************************************* MOTOROLA COMMUNICATIONS DALLAS, TEXAS MOTOROLA SYNTOR 9000 $2 ,788.00 $5 , 576 .00 6 WEEKS 1ST YR. $6 . 50 PER MO. EA. 2ND YR. $8 .50 PER MO. EA. 3RD YR. $8 .50 PER MO. EA. KEN ' S COMMUNICATIONS WYLIE, TEXAS MIDLAND MODEL #70-485 $2 ,551 .00 $5,102 .00 NO QUOTE 1ST YR. NO CHARGE 4"4"1"1 2ND YR. $22 .00 PER MO. EA ............... 3RD YR. $25.00 PER MO. EA COMMUNICATIONS ENGINEERING DALLAS, TEXAS GENERAL ELECTRIC DELTA SX WIDE BAND S-990 $3 ,184 . 83 $6, 369.66 6-8 WEEKS 1ST YR $22 .00 PER MO. EA. i 2ND YR $22 .00 PER MO. EA. 3RD YR $22.00 PER MO. EA. Staff Report to Mayor and City Council DATE: SUBJECT: NO: eld 3-3-88 _ RE-APPOINTMENT OF MR. RAYMOND COOPER TO NTMWD B.?ARD Mr . Raymond Cooper ' s term will be up on the North Texas Municipal Water Districts Board of Directors on June 1 , 1988 . This is a two year term and if Council so chooses to re-elect Mr . Cooper, his term would be from June 1 , 1988 thru June 1 , 1990 . Staff recommends approval of Mr . Cooper to another term on this board. ORIGINATING DEPT.HEAD {DISPOSITION BY COUNCIL John Pitstick, City Manager FOR ADD.INFO. CONTACT: OTHER: John Pitstick, City Manager Staff Report to Mayor and City Council DATE: SUBJECT: REFINANCING OF EQUIPMENT AND NOL3 3-4-88 ADDITIONAL EQUIPMENT TO BE PURCHASED EQUIPMENT PURCHASED MAY, 1985 1 Bomag (new) Asphalt Roller 1 Bomag (new) Recycler (Plains Machinery Co. ) $219 ,210 .00 1 1985 (new) Diesel Dump Truck (Mahaney International Co. ) $ 44 ,741 .00 1 Blackwell Kettle w/single axle trailer (new) (Nichols Machinery Co. ) $ 18 ,307.00 1 Tymco Air Sweeper (new) (Industrial Disposal Supply Co. ) $ 59,551 .00 1 Rosco Model RRE (used) 1250 gallon asphalt distributor mounted on 1964 GMC truck Ser #4017 $ 12 ,000.00 ORIGINAL ACQUISITION COSTS $353 ,809 .00 Financing through Municipal Investor Service and Paper sold to Chicorp Financial Service in 1986. All Bomag and related equipment - General Fund Additional Equipment to be financed : Estimated Costs 1 Motor Grader (used) General Fund $40,000.00 1 Sewer Vacuum Pump Truck (used) Utility Fund $38,000.00 1 Backhoe (new) Utility Fund $40,000.00 $118,000.00 ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL James Johnson, Finance Director FOR ADD.INFO. CONTACT: OTHER: James Johnson, Finance Director /3 DATE: SUBJECT: N0� PAGE REFINANCING OF EQUIPMENT AND OF , 3-4-88 ADDITIONAL EQUIPMENT TQ BE PTIRCHASF.I) The sewer vacuum pump truck is a requirement of the enforcement order of the Texas Water Commission, as well as, an effort to reduce our contractual sewer costs in our pump and haul sewage collection program. The motor grader is needed to go with the street equipment and for any street construction program, the City may undertake. The additional backhoe is needed for Public Works due to the age, condition and extended periods of down time of the city' s existing backhoes . Bomag and related equipment (originally 84 mos) net pay off $274 ,133 . 29 Amount to be borrowed to pay off $275,000 .00 Net present value of this figure extended to term of notes versus discounted refinance rate of 7 .25% for 5 yr . refinancing plan is: $283 ,354 $274,133 $ 9 ,221 value of each savings positive NPV Bomag refinancing $275,000 .00 Additional Equipment $118 ,000 .00 Issuance & Legal costs $ 7 ,000 .00 $400,000 .00 80% Financing - General Fund 20% Financing - Utility Fund A major advantage of this refinancing would be to take it out of the operating budget allocation for the future, show it as a debt service. This year , the lease allocation for the Bomag was deleted by Council ( in January 1988) as a result of the rollback election. Given, the City attorney' s opinion, the City has little recourse but to refinance and reschedule the payments as terminating the "lease" would be difficult from a liability standpoint. DATE: SUBJECT: REFINANCING OF EQUIPMENT AND NO: PAGE 3-4-88 ADDITIONAL EQUIPMENT TO BE PURCHASED OF .1_ Chicorp Financial Services - interest rate (true interest) 16% annually on $353 ,809.00 Refinancing Plan - 7 .25% annual Interest savings 1st yr . $ 8 ,221 .00 2nd yr . $14 ,567 .00 3rd yr. $13 ,242 .00 4th yr. $12,257 .00 5th yr . ($21 ,752 .00) * Total interest cost savings $26 , 715 .00 Interest savings w/o penalty on pay off $48,467 .00 *Due to extension of term by 8 months and penalty of early pay-off . Penalty of early pay-off $21 ,752 . 00 Bomag payments remaining - 52 mos . Refinancing Plan - 60 mos . True interest costs without refunding and excluding penalty - 21% annually True interest costs w/penalty on refunding 16% annually Another major advantage of the refunding is that the City can take title to the equipment (Bomag & related items) and sell them if Council elects to in future. Under the lease such could not be done. SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner, Jack, Sallinger& Nichols) ALPR[D*ALUMS" Attorneys&Counselors at Law PRESTON CENTER OFFICE N.lOUns NICHOLS 1800 Lincoln Plaza _ 8222 Douglas Ave.Suite 707 uwaENex W.JAcxsoN 500 N. Akard k Dallas.Texas 75225 TIN KIRK Dallas, Texas 75201 4 (214)692-1218 *oozes L.DILLARD III (214)954- RORSRT D.N[Ynu xj ROR[RT I.NADIR j� P[TEa O.'WITH l Q�@� ROT L ARNSTRONs March .1: DAVID N.SCRAM RORERT L.DA.LARO.JR. JOSS 1.ioniseai O!COUNSEL ORUCE A.STOCaARD .�/ ~� PAN OAND10.SUDRRIC Mr. James Johnson 4%; Director of Finance City of Wylie_ _ P. O. BOX 428 Wylie, Texas 75098 Dear James: At your request, I have reviewed the Equipment Acquisition Agreement between the city and Municipal Investor Service involving numerous items of equipment, including the Bomag machines. Your question to me is whether or not the city can terminate this agreement as to a portion of the equipment by amending its budget so that current funds are no longer appropriated to pay the payments due. Normally, the city cannot enter into an agreement which creates a debt against the city which is not payable out of current funds or for which the city has not provided for the levy of a. tax to create an interest and sinking fund sufficient to pay the ' payments. For this reason, the lease purchase agreements have written into them a provision that in the event the city fails to appropriate sufficient funds in any fiscal year to pay the necessary payments, the agreement is considered terminated. However, such agreements have Rumerous conditions, since the entities which finance these lease purchases do not wish to simply have you cut off the funds and return the equipment if you are just dissatisfied with the equipment or no longer want to make the payments. This particular agreement has such conditions contained in it in Paragraph 4, Sections E, F, and G. After reviewing these sections, it is my opinion that the city cannot terminate this agreement by amending the budget at this time. It is my opinion that the city is bound at least through the end of the current fiscal year for the payments which were budgeted in the 1987-88 city budget. If, in the next budget cycle, the City Council refuses to appropriate the money to pay the 1988-89 payments, and it can meet the conditions of paragraph 4F, then the agreement would terminate. Even if the city did not have to acquire services and functions the same as services and functions performed by this equipment, as described in paragraph 4H, paragraph 4E requires the city to use its bona fide best efforts to have the budget approved. My previous experience with an attempted termination of an agreement like this resulted in a suit being filed against the city that it had not used its "bona fide best efforts" for approval of the necessary amount. Mr. James Johnson Page 2 March 1, 1988 Since I believe you will be required to perform street repair services in the next fiscal year, it appears that the only way to get out from under this particular agreement is to refinance in some way and acquire title to all of this equipment. Then you can sell off the parts of it that you do not really want to keep and maintain. You may take a loss, but the savings in interest and the potential risk of suit, with accompanying court costs, staff time, and attorneys' fees, may be worth it. Please let me know if you have any other questions on this subject at this time. Very truly yours, SALLTNGFR, NTCNnr�c, JACKcnN, KIRK do DILLA RD �- 'i t �`� ' �i �. Robert L. Dillard ITT R LD/sb A RESOLUTION approving and authorizing the execution of a "Paying Agent/Registrar Agreement" in relation to the "City of Wylie, Texas , Public Property Finance Contractual Obligations , Series 1988" and resolving other matters incident and related thereto . WHEREAS, on this date the City Council of the City of Wylie, Texas provided for the execution and delivery of "City of Wylie, Texas , Public Property Finance Contractual Obligations, Series 1988" , in the aggregate contract amount of $400, 000 (the "Cont-racts" ) ; such obligations to be issued in fully registered form only; and WHEREAS, in relation to the payment , registration, transfer and exchange of said Contracts , the Paying Agent/Registrar selected therefor is MTRUST CORP, NATIONAL ASSOCIATION; and WHEREAS, a "Paying Agent/Registrar Agreement" setting forth the duties and responsibilities of the Paying Agent/Registrar for such Contracts has been prepared and submitted to the City Council for approval and execution, such Agreement being attached hereto as Exhibit A and incorporated herein by reference as a part of this Resolution for all purposes; and WHEREAS, the City Council hereby finds and determines that such "Paying Agent/Registrar Agreement" should be approved and execution of the same for and on behalf of the City authorized; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS that the "Paying Agent/Registrar Agreement" by and between the City and MTRUST CORP, NATIONAL ASSOCIATION relating to the above described Contracts, attached hereto as Exhibit A, is hereby approved as to form and content, and the Mayor and City Secretary of the City are hereby authorized and directed to execute such Agreement in substantially the same form and content herein approved for and on behalf of the City and as the act and deed of this Council . PASSED AND APPROVED, this March 8, 1988 . CITY OF WYLIE, TEXAS ATTEST: Mayor City Secretary (City Seal) EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of March 8, 1988 (this "Agreement") , by and between the City of Wylie, Texas ( the "Issuer" ) , and MTrust Corp, National Association, a banking association duly 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, Public Property Finance Contractual Obligations , Series 1988" ( the "Contracts" ) in the aggregate amount of $400, 000, such Contracts to be issued in fully registered form only as to the payment of the Installment Amounts and interest thereon; and WHEREAS, the Contracts are scheduled to be delivered to the initial contracting party on or about March 30, 1988 ; and WHEREAS, the Issuer has selected the Bank to serve as paying agent, registrar and transfer agent with respect to such Contracts ; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the— Issuer and is duly qualified and otherwise capable of performing the duties and responsibilities contemplated by this Agreement with respect to the Contracts ; 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 Contracts, and, as Paying Agent for the Contracts, the Bank shall be responsible for paying on behalf of the Issuer the Installment Amounts and accrued interest thereon as the same shall become due and payable to the Contracting Parties; all in accordance with this Agreement and the "Contract Resolution" (hereinafter defined) . The Issuer hereby appoints the Bank as Registrar with respect to the Contracts and, as Registrar for the Contracts , the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the parties to said Contracts entitled to payment and with respect to the transfer and exchange thereof as provided herein and in the "Contract Resolution" . The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Contracts . 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 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 Contract means the date on and after which the Installment Amounts or any or all accrued interest thereon, or both, are due and payable on any Contract which has become accelerated pursuant to the terms of the Contract . "Bank Office" means the principal offices of the Bank in Dallas, Texas at the address indicated on page 12 hereof . The Bank will notify the Issuer in writing of any change in location of the Bank Office. -2- "Contract Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Contracts . "Contract Resolution" means the resolution, order , or ordinance of the governing body of the Issuer pursuant to which the Contracts are authorized to be executed and delivered, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Contracting Party" means the Person in whose name a Contract is registered in the Contract Register . "Fiscal Year" means the fiscal year of the Issuer , ending August 31st . " 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 or Director of Finance, 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. "Payment Date" means the date specified in the Contract Resolution the Installment Amounts are scheduled to be due and payable . "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 Contracts" of any particular Contract means every previous Contract evidencing all or a portion of the same obligation as that evidenced by such particular Contract (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Contract for which a replacement Contract has been registered and delivered in lieu thereof pursuant to Section 4 . 06 hereof and the Contract Resolution) . "Prepayment Date" when used with respect to any Contract to be prepaid means the date fixed for such prepayment pursuant to the terms of the Contract Resolution. -3- "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 . Section 2 . 02 . Other Definitions . The terms "Bank, " " Issuer, " and "Contracts (Contract) " have the meanings assigned to them in the recital paragraphs of this Agreement . Unless otherwise defined herein, capitalized terms used herein shall have the same meanings ascribed thereto in the Contract Resolution. 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 Installment Amount of each Contract on its Payment Date, Prepayment Date, or Acceleration Date, to the Contracting Party upon surrender of the Contract to the Bank at the Bank Office. 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 Contract when due, by computing the amount of interest to be paid each Contracting Party and preparing and sending checks by United States Mail, first class postage prepaid, on each payment date, to the Contracting Party to the Contracts (or their Predecessor Contracts) on the Record Date, to the address appearing on the Contract Register or by such other method, acceptable to the Bank, requested in writing by the Contracting Party at the Contracting Party' s risk and expense. -4- Section 3 . 02 . Payment Dates . The Issuer hereby instructs the Bank to pay the Installment Amounts of the Contracts and the interest thereon at the dates specified in the Contract Resolution. ARTICLE FOUR REGISTRAR Section 4 . 01 . Contract 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 "Contract Register" ) for recording the names and addresses of the Contracting Parties to the Contracts, the transfer , exchange and replacement of the Contracts and the payment of the Installment Amounts and interest on the Contracts to the Contracting Parties 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 Contracts shall be noted in the Contract Register . Every Contract 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 Contracting Party 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 Contracts . To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Contracts, the exchange or transfer by the Contracting Parties will be completed and new Contracts delivered to the Contracting Party or the assignee of the Contracting Party in not more than three (3) business days after the receipt of the Contracts to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Contracting Party, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. -5- Section 4 . 02 . Certificates . The Issuer shall provide an adequate inventory of printed Contracts to facilitate transfers or exchanges thereof . The Bank covenants that the inventory of printed Contracts will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Contracts 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 Contract Register . The Bank, as Registrar , will maintain the Contract Register relating to the registration, payment , transfer and exchange of the Contracts 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 Contract Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Contract 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 Contracting Parjies . 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 Contract Register. The Issuer may also inspect the information contained in the Contract Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Contract 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 subpoena or court order . Upon receipt of a subpoena or court order the Bank will notify the Issuer so that the Issuer may contest the subpoena or court order. -6- Section 4 . 05 . Return of Cancelled Certificates . The Bank will , at such reasonable intervals as it determines, surrender to the Issuer, Contracts in lieu of which or in exchange for which other Contracts have been issued, or which have been paid. Section 4 . 06 . Mutilated, Destroyed, Lost or Stolen Con- tracts . The Issuer hereby instructs the Bank, subject to the provisions of Section 10 of the Contract Resolution, to deliver and issue Contracts in exchange for or in lieu of mutilated, destroyed, lost , or stolen Contracts as long as the same does not result in an overissuance. In case any Contract shall be mutilated, or destroyed, lost or stolen, the Bank, in its discretion, may execute and deliver a replacement Contract of like form and tenor , and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Contract , or in lieu of and in substitution for such destroyed lost or stolen Contract upon approval by the Issuer and after ( i) the filing by the Contracting Party with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Contract , 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 Contract shall be borne by the Contracting Party to the Contract 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 Contracts it has paid pursuant to Section 3 . 01, Contracts it has delivered upon the transfer or exchange of any Contracts pursuant to Section 4 . 01, and Contracts it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Contracts 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 . -7- Section 5 . 02 . Reliance on Documents, Etc . (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts . (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers , if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it . (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 Contracts , but is protected in acting upon receipt of Contracts containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Contracting Party or an agent of the Contracting Party. 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. -8- Section 5 . 03 . Recitals of Issuer . The recitals contained herein with respect to the Issuer and in the Contracts shall be taken as the statements of the Issuer, and the Bank assumes no responsiblity for their correctness . The Bank shall in no event be liable to the Issuer , any Contracting Party to any Contract, or any other Person for any amount due on any Contract from its own funds . Section 5 . 04 . May Hold Contracts . The Bank, in its individual or any other capacity, may become the owner or pledgee of Contracts 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. Money held by the Bank hereunder need not be segregated from any other funds provided appropriate trust accounts are maintained in the name and for the benefit of the Issuer . The Bank shall be under no liability for interest on any money received by it hereunder . Any money deposited with the Bank for the payment of any Contract, including interest thereon, and remaining unclaimed for four years after final maturity of the Contract has become due and payable will be paid by the Bank to the Issuer, and the Contracting Party to such Contract shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5 . 06 . Indemnification. 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 . -9- 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 either the Bank Office or 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 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 Contracts 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" , effective August 1, 1987, 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 12 . -10- 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 . 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 Contract 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 Contract Resolution, the Contract 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 Installment Amounts and interest on the Contracts to the Contracting Parties 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 -11- 029 ORDINANCE NO. AN ORDINANCE approving and authorizing the execution and delivery of "CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 1988" ; specifying the terms of such contractual obligations; making provisions for the payment thereof; and resolving other matters incident and related to the execution, performance and payment of such contractual obligations, including the approval and execution of a Special Escrow Deposit Agreement for the acquisition of property and the approval of an Offering Memorandum; and providing an effective date. WHEREAS, pursuant to V.T.C.A. , Local Government Code, Subchapter A of Chapter 271 (the Public Property Finance Act) , the City Council is authorized and empowered to execute, perform and make payments under contracts with any person for the use, acquisition or purchase of personal property; and WHEREAS, in accordance with the provisions of the Public Property Finance Act, the City Council hereby finds and determines that the acquisition, use or purchase of certain items of personal property identified in Exhibit A attached hereto, or such other pd-rsonal property, appliances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City, should be financed under and pursuant to one or more contractual obligations to be executed and delivered on the terms and in the form hereinafter prescribed; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 : Contract Authorization - Contract Amount - Property Identification. Contractual obligations, aggregating in amount $400, 000 (the "Aggregate Contract Amount") and entitled "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 1988" (the "Contractual Obligations" or "Contracts") shall be and are hereby authorized to be executed and delivered with the Initial Contracting Party (hereinafter identified in Section 14 hereof) , and the assigns thereof, to finance the use or the purchase or other acquisition of personal property identified in Exhibit A attached hereto and incorporated herein by reference as a part of this Ordinance for all purposes, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City (the "Property" ) ; all in accordance with and pursuant to authority conferred by the laws of the State of Texas, particularly the Public Property Finance Act . SECTION 2: Fully Registered Form - Contract Date - Authorized Amounts-Installment Payments-Interest Rates . The Contracts shall be made, executed and delivered in fully registered form, bear a date of March 15, 1988 (the "Contract Date" ) , and, except for the Initial Contract authorized in Section 7 hereof, shall be in authorized amounts of $5, 000 or any integral multiple thereof (not to exceed an Installment Amount) , and the Aggregate Contract Amount shall be payable in annual installments (the "Installment Amounts") on February 15 in the amounts and interest shall accrue on such Installment Amounts at per annum rate(s) as follows : Interest Payment Date Installment Amount Rate(s) 1989 $ 60, 000 1990 75, 000 1991 80, 000 1992 90, 000 1993 95, 000 Interest on the unpaid Installment Amounts shall accrue from the Contract Date (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 in each year, commencing February 15, 1989 . SECTION 3: Terms of Payment-Paying Agent/Registrar. The Installment Amounts on each Contract and the interest thereon shall be payable only to the registered contracting party or person (hereinafter called the "Contracting Party") appearing on the registration and transfer books (the 'Contract • Register") maintained by the Paying Agent/Registrar and such Installment Amounts and the interest payable thereon shall be payable in 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 without exchange or collection charges to the Contracting Party. The selection and appointment of the MTrust Corp, National Association to serve as Paying Agent/Registrar for the Contracts is hereby approved and confirmed. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Contracts are paid and discharged, and any successor -2- V / Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified to perform the duties and services of Paying Agent/Registrar . Upon any change in the Paying Agent/Registrar for the Contracts, the City agrees to promptly cause a written notice thereof to be sent to each Contracting Party by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. The Installment Amounts shall be payable when due only upon the presentation and surrender of the Contracts to the Paying Agent/Registrar at its principal offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest on the Installment Amounts shall be paid to the Contracting Parties which appear in the Contract 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 Contracting Party recorded in the Contract Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Contracting Party. If the date for the payment of an Installment Amount or interest thereon shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Contracting Party appearing on the Contract Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4 : Non-Optional. The Contracts shall not be subject to prepayment prior to their Payment Dates at the option of the City. -3- SECTION 5 : Assignment - Registration-Transfer-Exchange of Contracts. A Contract Register relating to the registration, payment, and assignment and transfer or exchange of the Contracts shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar at the Designated Payment/Transfer Office, as provided herein and in accordance with the provisions of an agreement with- the Paying Agent/Registrar and such rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Paying Agent/Registrar shall obtain, record, and maintain in the Contract Register the name and address of each and every Contracting Party to a Contract executed and delivered under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof . Any Contract may be assigned, transferred or exchanged for Contracts of other authorized amounts by the Contracting Party, in person or by his duly authorized agent , upon surrender of such Contract to the Paying Agent/Registrar at the Designated Payment/Transfer Office for cancellation, accompanied by a written instrument of assignment and transfer or request for exchange duly executed by the Contracting Party or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar . Any Contract to be assigned and transferred shall be surrendered to the Paying Agent/Registrar at the Designated Payment/Transfer Office and, upon its receipt and cancellation, the Paying Agent/Registrar shall register and deliver, in the name of the designated assignee or transferee, one or more new Contracts of authorized amounts and, except for the assignment and transfer of the Initial Contract by the Initial Contracting Party, having the same Payment Date and of a like Installment Amount as the Contract or Contracts surrendered for assignment and transfer. Contracts may be exchanged for Contracts of other authorized amounts and, excluding the exchange of the Initial Contract governed by Section 7 hereof, having the same Payment Date, bearing the same rate of interest and of like aggregate Installment Amount as the Contracts surrendered for exchange, upon surrender of the Contracts to be exchanged to the Paying Agent/Registrar at the Designated Payment/Transfer Office. Whenever any Contracts are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Contracts to the Contracting Party requesting the exchange. When a Contract has been duly assigned and transferred or exchanged, the new Contract or Contracts registered in such assignment and transfer or exchange shall be delivered to the Contracting Party at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Contracting Party, and, upon the registration and delivery thereof, such Contracts shall be the valid obligations of the City, evidencing the same obligation -4- to pay, and entitled to the same benefits under this Ordinance, as the Contracts surrendered in such assignment and transfer or exchange. All transfers or exchanges of Contracts pursuant to this Section shall be made without expense or service charge to the Contracting Party, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Contracting Party requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Contracts cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Contracts, " evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Contract or Contracts registered and delivered in the exchange or transfer therefor . Additionally, the term "Predecessor Contracts" shall include any mutilated, lost, destroyed, or stolen Contract for which a replacement Contract has been registered and delivered in lieu thereof pursuant to the provisions of Section 10 hereof and such new replacement Contract shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Contract . SECTION 6 : Execution - Registration. The Contracts shall be executed on behalf of the City by the Mayor or Mayor Pro Tem, with the seal of the City reproduced or impressed thereon and countersigned by the City Secretary. The signature of such officers on the Contracts may be manual or facsimile. Contracts bearing the manual or facsimile signatures of the persons holding such offices on the Contract Date shall be deemed to be duly executed on behalf of the City, notwithstanding a change in persons holding such offices at the time of delivery of the Contracts to the Initial Contracting Party and with respect to Contracts delivered in subsequent assignments and transfers or exchanges . No Contract shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless the registration certificate appearing on the Contracts to be signed by the Comptroller of Public Accounts of the State of Texas (substantially in the form provided in Section 8C) and/or the Paying Agent/Registrar (substantially in the form provided in Section 8D) , either or both such certificates, as the case may be, are manually executed by an authorized officer, employee or representative of the Comptroller of Public Accounts and/or the Paying Agent/Registrar, and such registration certificate, either or both, upon any Contract when duly executed by the Comptroller -5- J#5/ of Public Accounts and/or the Paying Agent/Registrar, as the case may be, shall be conclusive evidence, and the only evidence, that such Contract has been duly certified, registered and delivered. SECTION 7: Initial Contract . The Contracts herein authorized may be initially executed and delivered as a single fully registered Contract in the Aggregate Contract Amount with Installment Amounts to become due and payable as provided in Section 2 hereof and numbered T-1 and registered in the name of the Initial Contracting Party or the designee thereof . Such single fully registered Contract shall be 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 Contracting Party. Any time after the delivery of such single fully registered Contract, the Paying Agent/Registrar, pursuant to written instructions from the Initial Contracting Party, shall cancel such obligation and exchange therefor Contracts of authorized amounts and in Installment Amounts with Payment Dates and bearing applicable interest rates for transfer and delivery to the Contracting Parties named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Initial Contracting Party and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8 : Forms . A. Forms Generally. The Contracts, 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 the Contracts, 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 and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistently herewith, be determined by the officers executing and delivering such Contracts as evidenced by their execution. The Contracts shall be printed, lithographed, or engraved or produced in any other similar manner, all as determined by the officers executing such Contracts as evidenced by their execution, but the single fully registered obligation authorized in Section 7 hereof may be typewritten or photocopied or otherwise reproduced. -6- B . General Contract Form. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION SERIES 1988 Contract Date: Interest Rate: Payment Date: CUSIP NO: March 15, 1988 Contracting Party: Installment Amount: DOLLARS The City of Wylie._(hereinafter referred to as the "City" ) , a body corporate and political subdivision in the County of Collin, State of Texas, hereby agrees and promises to pay to the order of the Contracting Party named above, or the registered assigns thereof, the Installment Amount hereinabove stated on the Payment Date specified above (without right of prepayment) and to pay interest on such unpaid Installment Amount from the Contract 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, 1989 . The Installment Amount is payable on the Payment Date noted above to the Contracting Party upon presentation and surrender of this Contract to the Paying Agent/Registrar executing the registration certificate appearing hereon at the Designated Payment/Transfer Office, or its successor. Interest is payable to the Contracting Party of this obligation (or one or more Predecessor Contracts, as defined in the Ordinance hereinafter referenced) who appears on the "Contract 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 -7- V 6 address of such Contracting Party recorded in the Contract Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Contracting Party. The Installment Amount of this Contract and interest thereon shall be paid without exchange or collection charges to the Contracting Party 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 Contract is one of a number of contracts aggregating in amount $400, 000 (herein referred to as the "Contracts" ) , executed and delivered to finance the acquisition, use or purchase of personal property, under and in strict conformity with the Constitution and laws of the State of Texas, particularly the Public Property Finance Act (V.T.C.A. , Local Government Code, Subchapter A of Chapter 271) and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance") . This Contract is an obligation of the City payable from the pledged proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and, until disbursed for the acquisition of Property, amounts held in a special escrow account created and to be maintained under and pursuant to a Special Escrow Deposit Agreement, dated March 15, 1988 (the "Special Escrow Deposit Agreement" ) by and between the City and the First State Bank, Wylie, Texas . 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 Contracting Party by the acceptance hereof hereby agrees, for definitions of terms; the description of and the nature and extent of the taxes pledged for the payment of the Contracts; the provisions of the Special Escrow Deposit Agreement relating to the receipt, safekeeping and disbursement of funds for the acquisition of the Property; the terms and conditions relating to the assignment and transfer of this Contract; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Contracting Parties; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Contract may be discharged at or prior to its Payment Date, and the obligation evidenced by the Contracts cease to exist as an obligation of the City; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. -8- V This Contract , subject to certain limitations contained in the Ordinance, may be assigned and transferred on the Contract 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 party hereof, or his duly authorized agent . When a transfer on the Contract Register occurs, one or more new fully registered Contracts with the same Payment Date, in authorized amounts , bearing the same rate of interest , and of the same Installment Amount will be delivered by the Paying Agent/Registrar to the designated assignee or assignees . The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered party whose name appears on the Contract Register ( i) on the Record Date as the Contracting Party entitled to payment of interest hereon, (ii) on the date of surrender of this Contract as the Contracting Party entitled to payment of the Installment Amounts on the Payment Date, and (iii) on any other date as the Contracting Party to notify 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. 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 Contracting Party appearing on the Contract 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 execution and delivery of the Contracts is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the execution and delivery of the Contracts 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; and that due provision has been made for the payment of the Contracts and interest thereon as aforestated. In case any provision in this Contract shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of -9- 3 the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Contract 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 Contract to be duly executed under the official seal of the City as of the Contract Date. CITY OF WYLIE, TEXAS ATTEST: Mayor City Secretary (SEAL) C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Single Fully Registered Contract delivered to Initial Contractor . 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 Contract 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: Omit on Printed Contracts -10- D. Form of Certificate of Paying Agent/Registrar to appear on Contracts . REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Contract has been duly delivered and registered under the provisions of the within-mentioned Ordinance; the contract or contracts initially executed and delivered by the City 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 principal offices of the Paying Agent/Registrar located in Dallas, Texas is the "Designated Payment/Transfer Office" for this Contract . MTRUST CORP, NATIONAL ASSOCIATION 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 Contract and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Contract 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 party as it appears on the face of the within Contract in every particular. -11- F. The Initial Contract shall be in the form set forth in paragraph B of this Section, except that the form of the single fully registered Initial Contract shall be modified as follows: (i) immediately under the headings "Interest Rate and "Payment Date " shall both be completed "as shown below" ; (ii) Paragraph one shall read as follows : Contracting Party: Contract 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, hereby agrees and promises to pay to the order of the Contracting Party named above, or the registered assigns thereof, the Contract Amount hereinabove stated on the Payment Dates and in Installment Amounts in accordance with the following schedule: INTEREST PAYMENT DATES INSTALLMENT AMOtLNTS RATE (Information to be inserted from schedule in Section 2 hereof) . (without right of prepayment) and to pay interest on such unpaid Installment Amounts from the Contract 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, 1989 . The Installment Amounts are payable on the Payment Dates noted above to the Contracting Party named above or the assigns thereof, by MTrust Corp, National Associtaion (the "Paying Agent/Registrar") , upon presentation and surrender of this obligation, at its principal offices in Dallas, Texas (the "Designated Payment/Transfer Office" of the Paying Agent/Registrar) . Interest is payable to the Contracting Party whose name appears on the "Contract 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 Contracting Party recorded in the Contract -12- Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of , the Contracting Party. The Installment Amounts of this Contract and interest thereon shall be paid without exchange or collection charges to the Contracting Party 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 9 : Levy of Taxes . To provide for the payment of the Installment Amounts to become due and payable and the payment of the interest thereon, 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 shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay (i) the Installment Amounts to become due and payable or an amount equal to 2% of the Aggregate Contract Amount (whichever is the greater) and ( ii) the accrued interest on the Installment Amounts to become due and payable; full allowance being made for delinquencies and costs of collection. Full , complete and accurate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Contracts shall be kept and maintained by the City at all times while the Contracts are Outstanding, and the taxes collected annually for the payment of the Contracts shall be deposited to the credit of a "Special 1988 Contracts Fund" (the "Sinking Fund") maintained on the records of the City and 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 Contracts . Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/ Registrar, from funds on deposit in the Sinking Fund, amounts sufficient to fully pay and discharge promptly each Installment Amount and interest on the Contracts as the same accrues or becomes due and payable; such transfer 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 Payment Date and each interest payment date for the Contracts . SECTION 10 : Mutilated - Destroyed - Lost and Stolen Contracts. In case a Contract shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Contract of like form and tenor, and in the same authorized amount and bearing a number not contemporaneously outstanding, in exchange and substitution -13- for such mutilated Contract , or in lieu of and in substitution for such destroyed, lost or stolen Contract , only after ( i) the filing by the Contracting Party with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Contract, 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 Contract shall be borne by the Contracting Party of the Contract mutilated, or destroyed, lost or stolen. Every replacement Contract 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 Contracts; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Contracts . SECTION 11 : Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Contracting Parties, the Installment Amounts, together with the accrued interest thereon, 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 Contracting Parties shall thereupon cease, terminate, and be discharged and satisfied. The Contracts 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 the Installment Amounts as the same shall become due and payable on the Payment Dates, 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 Installment Amounts and accrued interest on and prior to each Payment Date. 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 Contracts to be treated as "arbitrage obligations" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto . -14- 1' 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 in excess of the amounts required for the payment of the Contracts in accordance with the defeasance provisions shall be remitted to the City or deposited as directed by the City. 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" , as used herein, means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which are non-callable prior to the respective Payment Dates , as the case may be, for the Contracts and may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form. SECTION 12 : Ordinance a Contract -Amendments - Outstanding Contracts . This Ordinance shall constitute an agreement with the Contracting Parties from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any of the Contracts remain Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Contracting Parties, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Contracting Parties , including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Contracting Parties to Contracts which are Outstanding and represent 51% or more of the aggregate Installment Amounts affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of Contracting Parties of all Contracts which are Outstanding, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the Installment Amounts and interest on the Contracts, reduce the Installment Amounts, or the rate of interest thereon, or in any other way modify the terms of payment of . the Contracts, (2) give any preference to any Contract over any other Contract, or (3) reduce the aggregate Installment Amount of Contracts required to be held for consent to any such amendment, addition, or rescission. The term "Outstanding" when used in this Ordinance with respect to Contracts means, as of the date of determination, all Contracts theretofore delivered and registered under this Ordinance, except : -15- ( 1) those Contracts cancelled or delivered to the Paying Agent/Registrar for cancellation; (2) those Contracts for which the Installment Amounts and all interest payable thereon has been paid or is deemed to be fully paid in accordance with the provisions of Section 11 hereof; and (3) those mutilated, destroyed, lost, or stolen Contracts for which replacement obligations have been registered and delivered in lieu thereof as provided in Section 10 hereof . SECTION 13 : Covenants to Maintain Tax-Exempt Status . The City shall not use, permit the use of , or omit to use Gross Proceeds or any other amounts (or any personal property the acquisition or purchase 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 payable on the Installment Amount of the Contracts to become includable in the gross income, as defined in section 61 of the Code, of the owners thereof for federal income tax purposes . Without limiting the generality of the foregoing , unless and until the City shall have received 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 pursuant to Section 103 of the Code, the City agrees, covenants and represents that : (a) Definitions. When used in this Section, the following terms have the following meanings: "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, enacted on or before the Issue Date. "Gross Proceeds" when used with respect to the Contracts or any other type of obligations of the City, means original proceeds, amounts received (including repayments of principal) as a result of investing the original proceeds, transferred proceeds, sinking fund proceeds, amounts invested in a reasonably required reserve or replacement fund, securities or obligations pledged by the City as security for payment of the Contracts or such other type of obligations, and any other amounts used to pay the Contracts or such other type of obligations, together with earnings from the investment of the foregoing . -16- S "Investment" means (1) a share of stock in a corporation or a right to subscribe for or to receive such a share, (2) any obligation, including United States Treasury bonds, notes, and bills and bank deposits , whether or not certified or interest bearing, but excluding obligations the interest on which is, in the opinion of counsel nationally recognized in the field of municipal bond law, excludable from the gross income of any owner thereof under the Code or the Internal Revenue Code of 1954 , as amended to the date of issuance of such obligations, (3) any annuity contract, or any other deferred payment contract acquired to fund an obligation of the City, or (4) any other property held for investment . "Issue Date" means the date the Contracts are first authenticated and delivered to the Initial Contracting Party. "Issue Price" for the Contracts is the price paid by the first buyer of the Contracts (exclusive of underwriters, dealers, bondhouses, brokers, and similar persons or organizations acting in the capacity of underwriters or wholesalers) . "Nonpurpose Investment" means any Investment in which Gross Proceeds of the Contracts are invested and which is not acquired to carry out the governmental purpose of the Contracts . "Purchase Price" of any Investment means (1) if a United States Treasury obligation acquired directly from the United States Treasury, the amount paid therefor, (2) if a certificate of deposit issued by a commercial bank, the bona fide bid price quoted by a dealer who maintains an active secondary market in such certificates of deposit, and -17- t(/ (3) otherwise, generally the mean of the bid price and the offered price therefor on an established market on the day on which such Investment is purchased or contracted for or, if there are no bid prices and offered prices on such date, on the first day preceding such date for which there are bid prices and offered prices . "Yield" of ( 1) any Investment means the discount factor which, when used in computing the present value of all scheduled payments of principal of and interest on such Investment on the date such Investment is purchased with Gross Proceeds or otherwise allocated to Gross Proceeds, results in an amount equal to the Purchase Price thereof (but excluding any commissions) , compounding semiannually, and (2) the Contracts means the discount factor which, when used in computing the present value on the Issue Date of all scheduled payments of Installment Amounts and interest thereon, results in an amount equal to aggregate Issue Prices of the Contracts with the same Payment Date, compounding semiannually. (b) 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 Installment Amount payable on the Contracts, (1) exclusively own, operate, and possess all the personal property acquired or purchased directly or indirectly with Gross Proceeds of the Contracts and not use or permit the use of such Gross Proceeds or any property acquired with such Gross Proceeds in any activity carried on by any person or entity other than a state or local government, unless such use is solely as a member of the general public, or (2) not directly or indirectly impose or accept any charge or other payment for use of Gross Proceeds of the Contracts or any property acquired or purchased 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 . -18- (c) 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 Contracts 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 or purchased 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 or purchased with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (d) 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 payment of Installment Amounts of the Contracts, directly or indirectly invest Gross Proceeds of the Contracts in any Investment (or use such Gross Proceeds to replace money so invested) , if as a result of such investment the Yield from the Issue Date of all Investments acquired with such Gross Proceeds (or with money replaced thereby) whether then held or previously disposed of, exceeds the Yield of the Contracts . (e) 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 Contracts to be federally guaranteed within the meaning of section 149(b) of the Code and the regulations and rulings thereunder . (f) Information Report . The City shall timely file with the Secretary of the Treasury the information required by section 149(e) of the Code with respect to the Contracts on such form and in such place as such Secretary may prescribe. (g) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2) and (3) of section 148(f) of the Code with respect to the Contracts without making the payments for the United States described in such section. Specifically, the City warrants and represents that (1) the City is a governmental unit with general taxing powers; -19- (2) at least 95% of the Gross Proceeds of the Contracts will be used for the governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year 1988 is not reasonably expected to exceed $5, 000, 000. SECTION 14 : Contracting Party - Special Escrow Deposit Agreement . The Contracts herein authorized shall be initially executed and delivered to (herein referred to as the "Initial Contracting Party") against payment of the Aggregate Contract Amount plus accrued interest thereon from the Contract Date to the date of payment of such Aggregate Contract Amount . Immediately following the delivery of the Contracts to the Initial Contracting Party and in consideration of the advancement of the Aggregate Contract Amount for the acquisition or purchase of the Property by the Initial Contracting Party, the Aggregate Contract Amount shall be deposited in an escrow fund for safekeeping and disbursement in accordance with the provisions of the "Special Escrow Deposit Agreement" (the "Agreement" ) by and between the City and the First State Bank, Wylie, Texas (the "Escrow Agent") , attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes, and such Agreement in substantially the form and substance attached hereto, together with such changes or revisions as may be necessary to provide for the safekeeping of such funds and the disposition thereof for the purchase or acquisition of the Property identified in Exhibit A, is hereby approved and authorized to be executed by the Mayor and City Secretary for and on behalf of the City and as the act and deed of this City Council; and such Agreement as executed by said officials shall be deemed approved by the City Council and constitute the Agreement herein approved. The accrued interest received from the Initial Contracting Party shall be deposited to the credit of the Sinking Fund and expended to pay the initial interest payment on the Contracts . SECTION 15: Qualified Tax Exempt Obligations . That in accordance with the provisions of paragraph 3 of subsection b of Section 265 of the Code, the City hereby designates the Contracts to be "qualified tax exempt obligations" in that the Contracts are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 1988 will not exceed $10,000,000. -20- SECTION 16 : Offering Memorandum. The Offering Memorandum prepared in the private placement of the Contracts by the City, together with all addendas, supplements and amendments thereto issued on behalf of the City, is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Offering Memorandum pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading . SECTION 17 : Control and Custody of Records and Contract Documents . The Mayor of the City shall be and is hereby authorized to take and have charge and control of all necessary orders, records , proceedings , including the Contracts, pending the investigation and approval of such documents by the Attorney General of the State of Texas, the registration of the Contracts by the Comptroller of Public Accounts and their delivery to the Initial Contracting Party. Furthermore, the Mayor and City Secretary of the City and the City Manager and Director of Finance, 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 execution and delivery of the Contracts, including certifications as to facts, estimates , circumstances and reasonable expectations pertaining to the use, expenditure and investment of the proceeds thereof , as may be necessary for the approval of the Attorney General , the registration by the Comptroller of Public Accounts and the delivery of the Contracts to the Initial Contracting Party, and, together with the City' s financial advisor, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of such obligations to the Initial Contracting Party. SECTION 18 : Notices to Contracting Parties-Waiver. Wherever this Ordinance provides for notice to Contracting Parties 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 Contracting Party appearing in the Contract Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Contracting Parties is given by mail, neither the failure to mail such notice to any particular Contracting Party, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Contracts . Where this Ordinance provides -21- for notice in any manner, such notice may be waived in writing by the Contracting Party 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 a Contracting Party 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 19 : 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 Contracting Parties , 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 Contracting Parties . SECTION 20: 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 21 : Governing Law. This Ordinance and the Contracts authorized to be executed and delivered hereunder shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America . SECTION 22 : Effect of Headings . The Section headings herein are for convenience only and shall not affect the construction hereof . SECTION 23 : 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 24 : 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. -22- S SECTION 25 : 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 Article 6252-17, Vernon' s Texas Civil Statutes, as amended. SECTION 26 : Effective Date. This Ordinance shall be in full force and effect from and after its passage on the date shown below and it is so ordained. PASSED AND ADOPTED, this March 8, 1988 . CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary (City Seal) -23- EXHIBIT "A" LIST OF PROPERTY Number of Items to be Description of Estimated Purchased or Acquired Property Cost 1 Bomag Street Reconditioner $275, 000 1 Backhoe 40, 000 1 Motor Grader 40, 000 1 Sewer Pump Truck 38 , 000 53 EXHIBIT B SPECIAL ESCROW DEPOSIT AGREEMENT THE STATE OF TEXAS § § COUNTY OF DALLAS § THIS SPECIAL ESCROW DEPOSIT AGREEMENT, dated as of March 15 , 1988, made by and between the City of Wylie, Texas , a governmental agency, body politic and corporate and political subdivision of the State of Texas in Collin County, Texas, (the "City" ) acting by and through the Mayor and City Secretary and the First State Bank, Wylie, Texas (the "Escrow Agent") , a banking association organized and existing under the laws of the State of Texas , W I T N E S S E T H : WHEREAS, pursuant to V.T.C.A. , Local Government Code, Subchapter A of Chapter 271 (the Public Property Finance Act) , the City Council is authorized and empowered to execute, perform and make payments under contracts with any person for the use, acquisition or purchase of personal property; and WHEREAS, the—City Council of the City has adopted an ordinance (the "Ordinance" ) on the 8th day of March, 1988, providing for the execution and delivery of "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 1988" (the "Contracts") , aggregating in amount $400, 000 (the "Aggregate Contract Amount") , and in return for the execution and delivery of such Contracts, the Aggregate Contract Amount will be advanced for the purchase or acquisition of personal property identified in Exhibit A attached hereto, or such other personal property, appliances, equipment, furnishings or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City (the "Property") ; and WHEREAS, the Ordinance further approved and authorized the execution of this Agreement to provide for the deposit, safekeeping and disbursement of the Aggregate Contract Amount advanced by the parties contracting with the City for the purpose of the acquisition or purchase of the Property; and WHEREAS, the Escrow Agent is a banking association organized and existing under the laws of the State of Texas, possessing trust powers and is fully qualified and empowered to enter into this Agreement; Lc NOW, THEREFORE, in consideration of the mutual undertakings, promises and agreements herein contained and in consideration of Ten Dollars ($10 . 00) duly paid by the City to the Escrow Agent concurrently herewith, the receipt of which is hereby acknowledged, the City and the Escrow Agent mutually agree as follows : ARTICLE I DEFINITIONS AND INTERPRETATIONS SECTION 1 . 01 . Definitions . Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them below when they are used in this Agreement : "Authorized Representative" shall mean with respect to the City, the Mayor, City Secretary, City Manager or Director of Finance or such other official or employee of the City as may be designated in a resolution adopted by the City Council of the City and filed with the Escrow Agent . "Authorized Investments" shall mean those securities or obligations identified and specified in the "Public Funds Investment Act of 1987" , including all amendments thereto. "Escrow Fund" means the special fund or account established with the Escrow Agent pursuant to the provisions of this Agreement for the deposit and safekeeping of the "Aggregate Contract Amount" . SECTION 1 . 02 . Other Definitions . The terms "Agreement" , "City" , "Escrow Agent" , "Aggregate Contract Amount" , "Contracts" , "Ordinance" , and "Property" , when they are used in this Agreement, shall have the meanings assigned to them in the preamble of this Agreement . Furthermore, capitalized terms not otherwised defined herein shall have the same meanings assigned thereto in the Ordinance. SECTION 1. 03 . Interpretations . The titles and headings of the articles and sections of this Agreement have been inserted for convenience and reference only and are not to be considered a part thereof and shall not in any way modify or restrict the terms hereof . Words of the singular number shall be considered to include the plural, words of the plural number shall be construed to include the singular and words of the masculine, feminine and neuter genders shall be construed to include the other genders . This Agreement and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to achieve the -2- intended purpose of providing for ( i ) the receipt and safekeeping of the Aggregate Contract Amount advanced by the Contracting Parties to the City and ( ii) the disbursement of such Aggregate Contract Amount in accordance with the terms of this Agreement . ARTICLE II ESCROW FUND SECTION 2 . 01 . Escrow Fund Creation. A special segregated and irrevocable trust fund to be known as the "Special Public Property Contractual Obligation Escrow Fund/City of Wylie, Texas/Series 1988" (hereinafter called the "Escrow Fund" ) shall be and is hereby established and shall be maintained by the Escrow Agent for the receipt, deposit , administration and safekeeping of the Aggregate Contract Amount pending its use, disbursement and withdrawal ; all in accordance with and in strict conformity with the provisions of this Agreement . SECTION 2 . 02 . Escrow Fund Deposit . Immediately following the receipt of the Aggregate Contract Amount , the City agrees and covenants to deposit to the credit of the Escrow Fund all of the Aggregate Contract Amount and the Escrow Agent agrees to receive and deposit such Aggregate Contract Amount to the credit of the Escrow Fund and hold such funds for application and disbursement for the purposes and in the manner prescribed in this Agreement . SECTION 2 . 03 . Escrow Fund Characterization. (a) The Escrow Agent shall hold such Aggregate Contract Amount, together with income, profits and interest realized from investing such funds, at all times as a special and separate trust fund wholly segregated from other moneys and securities on deposit with the Escrow Agent; shall never commingle the funds held in the Escrow Fund with other moneys or securities of the Escrow Agent; and shall hold and dispose of the assets therein only as set forth herein. Nothing herein contained shall be construed as requiring the Escrow Agent to keep the identical moneys, or any part thereof, in said Escrow Fund, if it is impractical, but moneys of an equal amount, except to the extent such are represented by the Authorized Investments , shall always be maintained on deposit in the Escrow Fund by the Escrow Agent, as trustee; and a special account evidencing such facts shall at all times be maintained on the books of the Escrow Agent . -3- (b) Legal ownership of or title to all funds or the Authorized Investments deposited or held for the account of the Escrow Fund shall be in the Contracting Parties to the Contracts with equitable or beneficial ownership or title vested in the vendors or sellers of the Property, and such legal and beneficial owners as their respective interests may be determined shall be entitled to a preferred claim and shall have a first lien upon such funds and Authorized Investments in the Escrow Fund until paid out , used and applied in accordance with this Agreement . The funds and Authorized Investments received by the Escrow Agent under this Agreement shall not be considered as a banking deposit and the Escrow Agent and the City shall have no right or title with respect thereto, except as otherwise provided herein. SECTION 2 . 04 . Escrow Fund Security. The Escrow Agent shall continuously secure the monies in the Escrow Fund not invested in Authorized Investments by a pledge of direct obligations of the United States of America, in the par or face amount at least equal to the amount of such uninvested monies and to the extent such money is not insured by the Federal Deposit Insurance Corporation. Such securities shall be deposited with the Escrow Agent or, with the approval of the City, may be held in safekeeping and custody by a third party banking institution or trust company. SECTION 2 . 05 . Escrow Fund Withdrawal . (a) The Aggregate Contract Amount , together with the income, earnings and receipts thereon from Authorized Investments, held in the Escrow Fund shall be disbursed or withdrawn only for one of the following purposes : (i) the payment of the acquisition or purchase price of Property, (ii) the payment of fees and costs incurred in connection with the execution and delivery of the Contracts or (iii) deposited to the credit of the Sinking Fund for the payment of the Contracts, and only upon receipt of a written requisition from an Authorized Representative in substantially the form and substance of Exhibit B attached hereto, duly executed and completed in all respects . The Escrow Agent shall retain on file copies of such written requisitions for which a disbursement or withdrawal of funds is made. The Aggregate Contract Amount, together with the income, earnings and interest received from Authorized Investments, shall not be subject to checks, drafts or warrants drawn by the City. (b) The City shall have the right to make additions or changes to the items of Property identified in Exhibit A attached hereto whenever the City Council of the City deems such additions or changes are necessary and appropriate and that the costs of acquiring or purchasing such additional or substituted Property will not cause a shortage of funds in the -4- 37 Escrow Fund for any items of Property in process of being acquired or purchased and the payment of which is dependent upon having sufficient funds in the Escrow Fund. Prior to a disbursement or withdrawal of funds from the Escrow Fund to pay for an item of Property not listed or identified in Exhibit A, a certified copy of a resolution or order by the City Council of the City making the findings and determinations noted above and approving the purchase or acquisition of such additional or substituted Property shall be filed with the Escrow Agent , together with the written requisition from an Authorized Representative required in subparagraph (a) above of this section. Any substituted Property or additional Property shall be "Personal Property" within the meaning of, and as defined in, the Public Property Finance Act . SECTION 2 . 06 . Escrow Fund Authorized Investments . All money held by the Escrow Agent pursuant to this Agreement shall be deposited or invested only in Authorized Investments and only at the direction of the Authorized Representative of the City. The City intends that such funds shall be invested in Authorized Investments so as to obtain the highest yield practicable, having due regard for the maintenance of the tax-exempt status of interest on the Contracts from federal income taxes, the safety of such funds and the date when such funds will be required for uses and purposes specified in this Agreement . The City shall direct any investments made by the Escrow Agent by letter from an Authorized Representative,-. All interest and other income received from the investment of moneys held in the Escrow Fund shall be retained in the Escrow Fund until disbursed or withdrawn in accordance with Section 2 . 05 hereof . The Escrow Agent shall not be liable for any loss resulting from the making or disposition of any investment pursuant to this section, and any such losses shall be charged to the Escrow Fund. ARTICLE III RECORDS AND REPORTS SECTION 3 . 01 . Records . The Escrow Agent will keep books of record and account in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the money and Authorized Investments deposited to the Escrow Fund and all proceeds thereof, and such books shall be available for inspection at reasonable hours and under reasonable conditions by the City and the Contracting Parties to the Contracts . -5- SECTION 3 . 02 . Reports . While this Agreement remains in effect , the Escrow Agent annually shall prepare and send to the City a written report summarizing all transactions relating to the Escrow Fund during the preceding year, together with a detailed statement of all Authorized Investments and the cash balance on deposit in the Escrow Fund as of the end of such period. ARTICLE IV CONCERNING THE ESCROW AGENT SECTION 4 . 01 . Representations . The Escrow Agent hereby represents that it has all necessary power and authority to enter into this Agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will carry out all of its obligations hereunder . SECTION 4 . 02 . Limitation on Liability. The Escrow Agent makes no representations as to the value, conditions or sufficiency of the Escrow Fund, or any part thereof, or as to the title of the City thereto, or as to the security afforded thereby or hereby, and the Escrow Agent shall not incur liability or responsibility in respect to any of such matters . It is the intention of the parties hereto that the Escrow Agent shall never be required to use or advance its own funds or otherwise incur personal financial liability in the performance of any of its duties or the exercise of any of its rights and powers hereunder. The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion or power conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the consequences of any error of judgment; and the Escrow Agent shall not be answerable except for its own action, neglect or default, nor for any loss unless the same shall have been through its negligence or want of good faith. Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the City with respect to arrangements or contracts with others, with the Escrow Agent ' s sole duty hereunder being to safeguard the Escrow Fund, to dispose of and deliver the same in accordance with this Agreement . If, however, the Escrow Agent is called upon by the terms of this Agreement to determine the occurrence of any -6- event or contingency, the Escrow Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such determination the Escrow Agent shall be liable only for its own misconduct or its negligence. In determining the occurrence of any such event or contingency the Escrow Agent may request from the City or any other person such reasonable additional evidence as the Escrow Agent in its discretion may deem necessary to determine any fact relating to the occurrence of such event or contingency, and in this connection may make inquiries of, and consult with, among others , the City at any time. SECTION 4 . 03 . Rights of Interpleader . In the event of any disagreement or controversy hereunder or if conflicting demands or notices are made upon the Escrow Agent growing out of or relating to this Agreement or in the event that the Escrow Agent in good faith is in doubt as to what action should be taken hereunder , the City expressly agrees and consents that the Escrow Agent shall have the absolute right at its election to : (a) Withhold and stop all further proceedings in, and performance of, this Agreement with respect to the issue in question and of all instructions received hereunder in regard to such issue; and (b) File a suit in interpleader and obtain an order from a court of appropriate jurisdiction requiring all persons involved to interplead and litigate in such court their several claims and rights among themselves . SECTION 4 . 04 . Successor Escrow Agent . If at any time the Escrow Agent or its legal successor or successors should be unable, through operation of law or otherwise, to act as escrow agent hereunder, or if its property or affairs shall be taken under the control of any state or federal court or administrative body because of insolvency or bankruptcy or for any other reason, a vacancy shall forthwith exist in the office of the Escrow Agent hereunder . In such event the City, by appropriate action, promptly shall appoint an Escrow Agent to fill such vacancy. If no successor escrow agent shall have been appointed by the City within 60 days, a successor may be appointed by the Contracting Parties to Contracts representing at least 51% of unpaid Aggregate Contract Amount by an instrument or instruments in writing filed with the City, signed by such Contracting Parties or by their duly authorized attorneys-in-fact . If, in a proper case, no appointment of a successor escrow agent shall be made pursuant to the foregoing provisions of this section within three months after a vacancy -7- O shall have occurred, the Contracting Party to any Contract may apply to any court of competent jurisdiction to appoint a successor escrow agent. Such court may thereupon, after such notice, if any, as it may deem proper, prescribe and appoint a successor escrow agent . Any successor escrow agent shall be a corporation organized and doing business under the laws of the United States or the State of Texas, authorized under such laws to exercise corporate trust powers, having its principal office and place of business in the State of Texas , having a combined capital and surplus of at least $5, 000, 000 and subject to the supervision or examination by Federal or State authority. Any successor escrow agent shall execute, acknowledge and deliver to the City and the Escrow Agent an instrument accepting such appointment hereunder, and the Escrow Agent shall execute and deliver an instrument transferring to such successor escrow agent , subject to the terms of this Agreement, all the rights, powers and trusts of the Escrow Agent hereunder . Upon the request of any such successor escrow agent, the City shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor escrow agent all such rights , powers and duties . ARTICLE V MISCELLANEOUS SECTION 5 . 01 . Notice. Any notice, authorization, request, or demand required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given when mailed by registered or certified mail, postage prepaid addressed to the City or the Escrow Agent as follows : CITY: City of Wylie, Texas P. O. Box 428 Wylie, Texas 75098 Attention: Director of Finance ESCROW AGENT: First State Bank P. O. Box 160 Wylie, Texas 75098 Attention: -8- the United States Post Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices are to be delivered by giving to the other parties not less than ten ( 10) days prior notice thereof . SECTION 5 . 02 . Termination of Responsibilities . Upon the taking of all the actions as described herein by the Escrow Agent, the Escrow Agent shall have no further obligation or responsibilities hereunder to the City, the Contracting Parties to the Contracts or to any other person or persons in connection with this Agreement . SECTION 5 . 03 . Binding Agreement . This Agreement shall be binding upon the City and the Escrow Agent and their respective successors and legal representatives , and shall inure solely to the benefit of the Contracting Parties to the Contracts, the City, the Escrow Agent and their respective successors, assigns and legal representatives . SECTION 5 . 04 . Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. SECTION 5 . 05 . Texas Law Governs . This Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the State of Texas . SECTION 5 . 06 . Time of the Essence. Time shall be of the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Agreement . SECTION 5 . 07 . Amendments . This Agreement shall not be amended except to cure any ambiguity or formal defect or omission in this Agreement . No amendment shall be effective unless the same shall be in writing and signed by the parties thereto. No such amendment shall adversely affect the rights of the Contracting Parties to the Contracts . SECTION 5 . 08 . Counterparts . This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument . -9- f Qt IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed by their duly authorized officers and their corporate seals to be hereunto affixed and attested as of the date first above written. EXECUTED as of the date first written above. CITY OF WYLIE, TEXAS By Mayor ATTEST: City Secretary (SEAL) FIRST STATE BANK, Wylie, Texas By Title: ATTEST: Title: (SEAL) -10- EXHIBIT "A" LIST OF PROPERTY Number of Items to be Description of Estimated Purchased or Acquired Property Cost 1 Bomag Street Reconditioner $275, 000 1 Backhoe 40, 000 1 Motor Grader 40, 000 1 Sewer Pump Truck 38 , 000 EXHIBIT "B" Payment Request Form No . To : Escrow Agent As Escrow Agent , you are hereby requested to pay from the Escrow Fund established by the Special Escrow Deposit Agreement , dated as of March 15 , 1988 between the City of Wylie, Texas (the "City" ) and the Escrow Agent (the "Escrow Agent" ) to the person, corporation or other entity designated below as Payee, being someone other than an employee or officer of the City, the sum set forth below such designation. The City, acting by and through its Authorized Representative, hereby certifies that [check one or more as appropriate] : [ ] such amount represents [full] [partial] payment for an item of "Property" (as defined in the Escrow Agreement) being and such item of Property [has not been] [has been] the subject of prior Payment Request Forms [Nos . ] . Attached hereto, unless supplied with a previous Payment Request, is a copy of the invoice, winning bid form or contract relating to the purchase or acquisition of such Property. [ ] such amount represents a cost incurred in connection with the execution and delivery of the Contracts (as defined in the Special Escrow Deposit Agreement) . [ ] such amounts represents the unexpended balance of the funds held in the Escrow Fund not needed for the payment of the costs of acquiring or purchasing Property and should be transferred to the Sinking Fund established by the Ordinance. Payee : Address : Amount : Dated CITY OF WYLIE, TEXAS Authorized Representative Staff Report to Mayor and City Council DATE: SUBJECT: NO: 3-3-88 Plumbing Code Amendment Ordinance The attached Ordinance amends the existing Uniform Plumbing Code to provide eight (8) water conserving parameters for all plumbing fixtures within the City of Wylie. This ordinance amendment is a requirement of the Texas Water Development Board that must be met before they will release any bond funds for infrastructure improvements. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Ron Homeyer, P.E. , Asst. City Engineer FOR ADD.INFO. CONTACT: OTHER: Ron Homeyer, P.E. , Asst. City Engineer ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE 75-4, THE PLUMBING ORDINANCE BY AMENDING SECTION 3 BY ADDING THERETO A NEW PARAGRAPH (I ) IN ORDER TO PROVIDE A WATER CONSERVATION PROGRAM. PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS; in order to comply with state agency requirements it is necessary to enact a water conservation plan, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 Ordinance 75-4 , Section 3 , is hereby amended by adding thereto a new paragraph (I ) so that Section 3 paragraph (I ) reads as follows: (I ) In order to provide a water conservation program the following limitations shall be mandatory: 1 . Tank-type toilets No more than 3 .5 gallons per flush 2 . Flush valve toilets No more than 3.0 gallons per flush 3 . Tank-type urinals No more than 3 .0 gallons per flush 4 . Shower heads No more than 3 .0 gallons per minute 5 . Lavatory and kitchen No more than 2 .75 gallons faucets per minute 6. All hot water lines Insulated 7 . Swimming pools New pools must have re- circulating filtration equipment SECTION 2 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with provisions of this ordinance shall remain in full force and effect. SECTION 3 Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance by adjudged or held to be unconstitutional , illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part of provision thereof other than the part so decided to be invalid , illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 4 Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500 .00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 5 This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS THE 8TH DAY OF MARCH, 1988 . CHUCK TRIMBLE, MAYOR ATTEST : CAROLYN JONES, CITY SECRETARY Staff Report to Mayor and City Council DATE: SUBJECT: DROUGHT CONTINGENCY PLAN AND NO: r 3-3-88 TRIGGER CONDITIONS ✓�j A drought contingency plan has been prepared by CH2M Hill and the City of Wylie Staff for your approval . This is the same plan that was present to Council in December, 1987 . The Texas Water Development Board has made this a requirement for all municipalities who secure bond funds through their program. We developed the trigger conditions for the drought contingency plan with the help of the North Texas Municipal Water District because we purchase our potable water from them on a wholesale basis. They have provided us with the necessary parameters for the trigger conditions as set forth in the letter from Mr . Carl Reihn to Mr . John Pitstick dated October 21 , 1987 and attached hereto. The Texas Water Development Board has approved the drought contingency plan that was submitted by CH2M Hill and the City staff . ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Ron Homeyer, P.E. ,Asst. City Engineer FOR ADD.INFO. CONTACT: OTHER: Ron Homeyer, P.E. , Asst. City Engineer 6 TEXAS w Ol � . ._ _ February 24, 1988 Mr. Ron Homeyer Assistant City Manager City of Wylie P.O. Box 428 Wylie, Texas 75098 Dear Mr. Haneyer: Re: City of Wylie Water Conservation and Drought Contingency Plan The Texas Water Development Board (TWDB) has reviewed the City of Wylie's revised water conservation and drought contingency plan and draft plan adoption documents submitted with your January 29, 1988, letter. Based on rev-iew of the plan and adoption documents, the conservation staff has determined that the City's plan has been revised to incorporate the revision recommendations of the Board's September 29, 1987, review letter. However, the draft water conservation and drought contingency program ordinance sub- mitted with the revised plan requires one modification before it is adopted. The ordinance needs to be revised to clearly state that enforcement of the ordinance and the penalties for non-campliance apply only (a) to the mandatory water use restrictions contained in the drought contingency plan and (b) when the restrictions are formally initiated by the City. After the ordinance is revised, the City should (1) pass the plumbing code ordinance and water conservation and drought contingency program ordinance, (2) adopt the revised plan, and (3) submit the final adopted plan and ordinances to the Board for final program approval. If you have any questions concerning the revision recommendations or the adoption procedures, you may contact Mr. Bill Hoffman or Mr. Stephen Dayton at (512) 463-7926. Sincerely, Herbert W. Grubb Director of Planning cc: Mr. Robert J. Morrison, P.E. Mr. Carl W. Riehn P-t) Box 13231 Capitol Station • Austin,Texas 7 17 1 1-3231 • Area _:ode 51_' -163-7`s47 171)0 N. Congress Avenue ti OCT 22 I9E N./ r �.w NORTH TEXAS MUNICIPAL WATER DISTRICT P.O.DRAWER C WYLIE,TEXAS 750913 PHONE !VC.4/1h405 REGIONAL SERVICE THROUGH UNITY October 21 , 1987 Mr. John Pitstick City Manager City of Wylie P. 0. Box 428 Wylie, Texas 75098 RE: City of Wylie Conservation Program Dear Mr. Pitstick: At your request I have reviewed NTMWD plans for water restrictions during drought conditions. The NTMWD plan for emergency control of consumptive use of water compares lake elevation, projected use, weather conditions, and time of year to determine when restrictive controls will be applied to municipal customers. Notice will be provided each municipal customer of impending restrictions at least thirty days prior to implementation. The Board of Directors of the NTMWD will make the final deter- minations on restrictive measures based on the above factors. The trigger will be lake elevation for consideration of restric- tions. These are as follows: Lake Elevation Status Restriction 492-480 MSL Normal None 480-472 MSL Mild 0-10% 472-465 MSL Moderate 10-20% 465-453 MSL Severe 20-50% 7 Mr. John Pitstick City Manager City of Wylie ?. O. Box 428 Wylie. Texas 75098 October 21 . 1987 Page Two The NTMWD would assist each community in maintaining communication with their citizens on the status of the situation and projected future effects. All NTMWD municipalities would be restricted in the same percentages based upon their annual minimums for the current year. Should you have any questions or need additional information please do not hesitate to contact my office. Sincerely, CARL W. RIEHN Executive Director CWR:md cc: Robert J. Morrison CH2M Hill 2,t ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A WATER CONSERVATION AND DROUGHT CONTINGENCY PROGRAM; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is necessary that a Water Conservation and Drought Contingency Program be adopted by the City of Wylie; and WHEREAS, such a program has been formally submitted to the Texas Water Development Board for approval in connection with a utility system capital improvements program to expand and upgrade wastewater treatment plant capacity, wastewater collection system, and water distribution and storage facilities; and WHEREAS, the City Council of the City of Wylie believes that it is in the best interest of the City of Wylie to adopt such program; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Wylie Water Conservation and Drought Contingency Program attached hereto as Exhibit "A" and made part hereof for all purposes be, and the same is hereby, adopted as the official policy of the City. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 4. Any person, firm or corporation violating any of the provisions of the mandatory water use restrictions which have been formally initiated by the City and contained in 7J the Wylie Water Conservation and Drought Contingency Program as adopted hereby shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of Wylie, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1988. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: ---)4s CIT ATTORNEY InfoRmAL REpoRts �s Informal Report to Mayor and City Council SUBJECT: Na CITY OF WYLIE SPRING AUCTION 3-4-88 / CITY AUCTION DATE : April 16, 1988 2 : 30 P.M. (Saturday Afternoon) PLACE: Old Police Bldg. & Parking Lot The auction of city equipment that will be disposed is scheduled that Saturday afternoon. A list of equipment, cars and other items is being assembled. Date: March 1, 1988 To: John Pitstick - City Manager From: Kay Daniel - Librarian Re: Library Statistics for Month of February 1988 Circulation: Date February 1988 Total: 976 ( Average 49 per day) Open 4 Hours each Day) Adult Circulation 337 Juvenile Circulation 356 Paper Backs 179 Large Prints Books 8 Inter Library Loan 1 Videos 84 Reference Questions 61 7-Day Reserve 9 Projector 1 Camera 1 Registration: New Cards Issued 81 Cards Issued to Date 5995 Respectifull / lay el, Librarian Vy I; CITY OF WYLIE 2001 HWY 78 N—P.O.BOX 428 WYLIE,TEXAS 75098 March 3. 1988 Mr. Richard Bos o,a-:--1 . E. Asst. Public.-Works Director 210 McDonald McKinney. Texas 75069 RE: County Street Construction Program Dear Mr. Boston: The Wylie City Council would like to request a cost estimate from you for the County to reconstruct the following roadways : ALANIS STREET From Century Business (200 ft west of Martinez Ln) to South Ballard (Old Sasche Road ) EAST BROWN STREET From North Ballard (FM 2174) to State Highway 78 EUBANKS LANE (CR 389) From State Highway 78 to E. Brown Street (Old 78) KREYMER LANE From State Highway 78 to E. Brown Street (Old 78) SOUTH BALLARD (OLD SASCHE ROAD) From Stone Road (FM 544 East) to South City Limits Council would like to have these roadways considered for the County' s 1988/89 fiscal year budget. If there is anything which I can do to expedite this matter please contact me at 214-442-2236. Sincerely. ,t7 Ron Homeyer , P. E. Asst. City Engineer RH/rh cc : Clarence Daugherty, Collin County Public Works Director John Pitstick, City Manager <<: ity Council ANIMAL CONTROL MONTHLY REPORT _642:fteliee __HI kV-- :THIS I LAST ; % :SAME 110. ; '/. ;THIS VP. I LAST YR. I MONTH :MONTH I +/•- :LAST W. : +/- :TO GATE :TO DATE : +i- TOTAL CALLS ' y/ - - ANIMALS PICKED UP LIVE ; : I , :IMPOUDED) , 3 S , ANIMALS DIED IN KENNEL ; ---0-- : ANIMALS PICKED UP DEAD : ,r ; I ; ; , ANIMAL BITE REPORTS ; I ; , Nsk) ANIMAL OBSERVATIONS ; / , ANIMALS TAKEN TO ; GARLAND HUMANE SOCIETY ; ; ' , , , ANIMALS CLAIMED BY OWNER l Z , ANIMALS ADOPTED y I , CASH RECEIPTS ; /y>> ; REGISTRATIONS , CITATIONS ISSUED ; Z ; I I , PREPARED ElY- DATE:_y _L_.--•----•----•--•-- Tom Wood, Consultant Star Rt. 1A, Box 70B • Dripping Springs. Texas 78620 (512) 858-4592 March 1, 1988 Mr. John Pitstick, City Manager CITY OF WYLIE P. O. Box 428 Wylie, Texas 75098 ;4 s Dear Mr. Pitstick: Thank you for everything while I was there last week. This letter details the specific steps that Wylie can take to reduce its key rate and to possibly correct its fire record. I recommend that Wylie: 1. Attract as many more volunteers as possible to the fire department, thus delaying the time when paid men will become necessary. 2. Assign a city employee to continually monitor paid claims charged to the fire record. In the meantime, make every effort to investigate paid claims reported for the past five or six years. 3. Make a survey of wood shingle roofs. Mr. Gayler already has the forms to use. 4. Require by ordinance that old, unused electrical wiring be removed when electricians make repairs in existing structures. In similar vein, remodelers should restore firms and draft stops. 5. Continue your current program of enforcing construction and fire safety codes. An important part of this is the removal of substandard buildings. 6. Year by year, replace a few blocks of substandard pipe and hydrants in the water distribution system. The deficiencies here cause the heaviest key rate penalties. In detail, these specific steps can reduce your key rate to 29c or less, which would put all homeowner policies in a lower cost bracket. Commercial policies will also cost less. ?°10 Mr. John Pitstick City of Wylie March 1, 1988 p 2 As to the first recommendation (more volunteer firemen) , the city can avoid the heavy expense of a paid department. Except in the case in which the city does not have enough volunteers to satisfactorily protect the city, paid fire departments are not cost effective. That is, they cost more than they save in insurance costs. It is true that a paid fire department can bring down the key rate and thus make the city more attractive to prospective businesses. But volunteer departments can do this too in many cases. If Wylie can reduce its charged fire losses (see Recommendation No. 2) enough to bring down the five year loss/premium ratio to 35% or less, Item 9 on the key rate analysis will be .02 instead of .03. Item 7 would be .08 or .09 instead of .10, if 15 or 10, res- pectively, volunteers are certified by the Firemens and Fire Marshals' Association of Texas. Thus, 2 or 3c in current key rate charges can be attributed to the loss/premium ratio. The City of Pasadena, with about 120,000 people, has always had an all-volunteer department and it has a loss/premium ratio about the same as Houston' s, with an all-paid department. Pasadena has a key rate of 29 , Houston has 22 . Wylie' s fire record will have a 5% penalty starting May 1st instead of the current neutral record. Every fire insurance policy will cost 5% more, other things being equal. Apparently, a heavy loss prior to 1984 has caused the fire record to drop from a 15% credit in 1984 to a 5% penalty in 1988. Paid claims were $5,185 in 1985, $46,705 in 1986 and $82,109 in 1987. Every loss charged to your fire record going back to 1982 should be examined to determine if it was inside the city limits. Those that were not should be stricken from the record. This one move can possibly reduce fire policy costs more than anything else you do. Additionally, if the loss/premium ratio is corrected to 35% or less, key rate benefits will follow. The wood shingle roof count, if it shows less than a 15% incidence, can eliminate 34 in key rate charges. As to current structural conditions, good housekeeping can remove some causes of fire and fire spread, and also present a much better impression to Insurance Board inspectors. Water system deficiencies cost by far the largest amount of money to correct. I don't see how putting the older 50,000 gal- lon elevated tank back into service would be cost effective or beneficial. Its overflow elevation is so far below that of the new tank that high service pumps would continue to recycle as Mr. John Pitstick City of Wylie March 1, 1988 p 3 they do now. Your happiest choice, if you can do it, will be to sell it and make the property it' s on more valuable. The city, as it puts in new pipe and hydrants in developing parts of town, will slowly dilute the deficiencies in the distri- bution system. Another tactic is to replace two or three blocks of substandard pipe per year, spreading the cost over several years. Were it not for water system deficiencies, Wylie could have a 21 key rate now, even without correcting the fire record. These complete my recommendations. It may be well to correct your fire record and make the roof survey before asking the Insurance Board to inspect. There' s not much you can do with the water system to prepare. I enclose the pumper test results. Chief Allen wants them for his records. Thank you for the opportunity to serve Wylie. = Yours truly, TW-t Encl: Pumper test results Tom Wood, Consultant Statement for Professional Services Tom Wood, Consultant Star Rt. IA. Box 70B • Dripping Springs. Texas 78620 (512) 858-4592 TESTS PERFORMED ON WYLIE FIRE DEPARTMENT PUMPERS Monday, February 22, 1988 - 21/2�� V Truck Size Layout NEP Test P Noz. Pitot GPM Remarks 1982 GMC 750 1 - 50' 250 50% P 12 75 578 Eng Choked Boardman 1- 50' 250 50% V 11/2 100 667 2- 50' 200 70% P 1.75 95 886 2- 50' 200 70% V 1.75 65 732 heavy gat 2 -50' 150 100% V 1.75 85 838 mod gating 1978 750 2- 50' 150 100% V 1.75 75 787 mod gating Chev. 1- 50' 200 70% V 12 120 730 FMC 1- 50' 250 50% V 1.375 145 674 slight gat 1- 50' 250 50% P 1.375 145 674 slight gat 1980 750 1- 50' 250 50% SS 1.375 115 600 Chev. E-1 1- 50' 1-100' 200 70% SS 12 135 775 1- 50' 1-100 150 100% SS 1.75 110 954 V Volume, or parallel impellers P Pressure, or series impellers SS Single state pump NEP Net engine pressure, psi I certify that I conducted these tests on Monday, February 22, 1988 in Wylie, Texas with Fire Chief Larry Allen, and that these are the results. All machines passed their tests. / 0-7) 1 WCrz' / Tom Wood, Consultant