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05-24-1988 (City Council) Agenda Packet AGENDA SUMMARY MAY 24, 1988 ITEM 1 - APPROVAL OF MINUTES: No Comment ITEM 2 - STATE HIGHWAY BEAUTIFICATION PROGRAM: A concept plan for landscaped entry ways on SH 78 and FM 544 will be presented to City Council . This is part of a $25,000 state matching grant. ITEM 3 - PROPOSED YMCA SUMMER ACTIVITY PROGRAM: Tracy McCasland with the Garland YMCA will be present Tuesday to discuss a proposed summer activity program for senior citizens and youth to be run out of the Wylie Community Center . ITEM 4 - RECEIVE BIDS FOR CERTIFICATES OF OBLIGATION SERIES 1988 : David Medanich from First Southwest will open and tabulate bids for our $1 ,275,000 bond sale. ITEM 5 & 6 - PUBLIC HEARING AND ORDINANCE ON SPECIAL USE PERMIT FOR RETAIL NURSERY WITH OUTSIDE SALES: This is a new request at Prock' s old location at Second and SH 78 for use of outdoor plant sales for Wylie Landscaping and Exterminating Company. ITEM 7 - WYLIE/LUCAS BOUNDARY AGREEMENT: This completes the final action for disannexing property as required under a boundary agreement with Lucas . ITEM 8 - ISSUANCE OF $1 ,275,000 TAX AND LIMITED REVENUE CERTIFICATES OF OBLIGATION: This is the final ordinance for approving $1 ,275,000 bond sales. Tax and water and sewer revenues are pledged to retire these bonds . ITEM 9 - APPROVAL AND EXECUTION OF PAYING AGENT AND REGISTRAR AGREEMENT: MTrust Corp. National Association will be serving as Paying Agent/Registrar for handling the Certificates of Obligation. ITEM 10 & 11 - PUBLIC HEARING AND APPROVAL OF ORDINANCE FOR NEW RATES FOR SANITATION SERVICES: BFI is asking for a 7 .9% rate increase for all classes of customers in Wylie. They are allowed up to an 8% increase annually as determined by the consumer price index without invalidation of their contract. ITEM 12 , 13 , 14 , & 15 - 1988 CAPITAL IMPROVEMENT PROGRAM: A total of $1 ,275 ,000 is available for various street, water , sewer , landfill and miscellaneous projects . Complete bids had not been tabulated as of Friday evening . A complete presentation will be made to City Council with several options for projects. It is particularly important that we move ahead with street projects on Birmingham Street and Ballard if we hope to finish before school starts next fall . DATE POSTED 5-20-88 TIME POSTED 6:30 P.M. AGENDA REGULAR COUNCIL MEETING CITY OF WYLIE, TEXAS TUESDAY, MAY 24, 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 - 20 Consider approval of minutes of the May 10th meeting 2 21 Consider approval of plans for the State Highway Beautification Program 3 22 - 25 Consider approval of proposed Insert agreement with YMCA for summer recreation program at Wylie Community Center 4 Oral Receive and tabulate bids for the sale of Certificate of Obligation Bonds Series 1988 PUBLIC HEARINGS AND READING OF ORDINANCES AND RESOLUTIONS 5 26 - 29 Conduct public hearing on the request of Wylie Landscape and Exterminating Co. for a Special Use Permit for Lot 1 Block 20 Railroad Addition to operate a retail nursery with outside sales in a Retail District (Prock' s old location on Hwy. 78) 6 30 - 31 Consider approval of Ordinance for a Special Use Permit for Lot 1 , Block 20 Railroad addition for Wylie Landscape and exterminating Co. to operate a retail nursery with outside sales in a Retail District (Prock' s old location on Hwy. 78) 7 32 - 35 Consider approval of an Ordinance to disannex certain territory as required by the Wylie/Lucas Boundary Agreement ORDER OF PAGE BUSINESS REFERENCE BUSINESS PUBLIC HEARINGS AND READINGS OF ORDINANCES AND RESOLUTIONS 8 36 - 68 Consider approval of an Ordinance authorizing the issuance of $1,275,000 tax and limited pledge revenue Certificates of Obligation and all other matters incidental and related there to 9 69 - 81 Consider approval of a Resolution approving and authorizing execution of "Paying Agent and Registrar Agreement" 10 82 - 120 Conduct Public Hearing for BFI proposed rate increases for all classes of customers 11 121 - 124 Consider approval of Ordinance establishing new rates for Sanitation Services for all classes of customers in the City of Wylie UNFINISHED/NEW BUSINESS 12 125 Presentation of 1988 Capital Improvement Program 13 Consider award of bid for the 1988 Capital Improvement Program - Utility and Drainage 14 Consider award of bid for the 1988 Capital Improvement Program - Reconstruction of Streets 15 126 Discuss Miscellaneous Street and Utility Projects 16 Adjourn CITY COUNCIL WORK SHOP MEETING - MINUTES MAY 10, 1988 6:30 P. M. The Wylie City Council met in a called work shop on Tuesday, May 10, 1988 at 6:30 P.M. in the City Manager' s Conference Room in 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, Council Members John Akin, Kent Crane, Marvin Blakey, Chris DiTota, City Manager John Pitstick, City Secretary Carolyn Jones , Finance Director James Johnson, Code Enforcement Officer Roy Faires, newly elected Council Members Ortie Messenger , Bud Naish and Candidate in run off election Jim Swartz . Mayor Pro Tem Sandra Donovan and Councilman Cal Westerhof were absent . Mayor Trimble called the work shop to order. City Manager John Pitstick stated that this was a discussion time for the items that would be coming up on the agenda at the meeting tonight and if there were any questions , he would like to go over them at this time. 1 . Private Club Ordinance - City Manager John Pitstick said with the new State Laws , the city does not have the control over private clubs and our ordinance should be repealed. The States controls all private clubs unless the sale of food drops under 75% . Councilman Akin feels that the Council has the wrong intent from this State Law. Councilman Akin also stated that he had tried to get in touch with our state representatives, but had not been able to get a call back from him. Code Enforcement Officers, Roy Faires stated that in the new state law, any area that you permit a restaurant, you also have to permit a private club if the owner so desires. Mayor Trimble said it started out with State controlling private clubs , then moved to City' s having control and now it is back to State having control . This has come about because City' s are making such strict ordinances that it is hard to open up a club. Councilman Crane wanted to know if you could set up specific zoning for restaurants and have the same requirements of the private club ordinance. 2 . New Use for Indoor Shooting Range - Someone has come to staff wanting a shooting range. This ordinance only creates a category. 3. Replat of Tract 5 Butler Estates - This is in the City of Wylie' s ETJ and our subdivision ordinance can be applied. It is a 9 acre tract being divided into a 4 acre and 5 acre tracts. The road is a private road and County would not accept it until it is brought up to their standards . Planning and Zoning said if the road is ever dedicated to the City it has to be brought up to City standards. 4 . Preliminry Plat for Canterbury Hill - This item has been pulled at the request of the developer . 5 . Proposed rate request from BFI - BFI is recommending a 7 .9% rate increase and under the contract if they remain under 8% increase Council has to grant this . Staff is recommending on the advice of our City Attorney, to have BFI waive the 2 .66% difference in the actual rate adjustment for ever, then there should be no problem with the increase. This 2 .66% can not be used in the future. City is losing money now, by the time we pay one employee to take care of setting up and billing , we are not breaking even. Councilman DiTota wanted to know if once a year we could request that BFI pick up large items such as appliances. City Manager John Pitstick said we could ask them. Mr . Larry Appel , from BFI , said if two (2) men can pick up any item, we do it now at no charge. There being no other discussion, Mayor Trimble adjourned the workshop. Chuck Trimble, Mayor ATTEST : Carolyn Jones , City Secretary CITY COUNCIL MEETING MINUTES MAY 10, 1988 The Wylie City Council met in regular session on Tuesday, May 10 , 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, Councilman John Akin, Councilman Marvin Blakey, Councilman Kent Crane, Councilman Chris DiTota, City Manager John Pitstick, City Secretary Carolyn Jones, Finance Director James Johnson, Code Enforcement Officer Roy Faires, Public Works Superintendent Don White, Chief of Police Royce Abbott, and Candidates Elect Bud Naish and Ortie Messenger. Councilman Calvin Westerhof was not present . Mayor Trimble called the meeting to order and Councilman Crane gave the invocation. APPROVAL OF MINUTES FOR MARCH 1 AND APRIL 26TH: There being no corrections or additions to the minutes a motion was made by Councilman Akin to approve as submitted. Seconded by Councilman DiTota. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman DiTota - in favor, Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor. APPROVAL OF PROCLAMATION FOR NATIONAL PEACE OFFICERS WEEK AND POLICE MEMORIAL DAY : Mayor Trimble read the proclamation for National Peace Officers Week which is May 15th thru May 21st, 1988 and for Police Memorial Day which is May 15, 1988 . Motion was made by Councilman DiTota to approve the proclamation for National Peace Officers Week and Police Memorial Day. Seconded by Councilman Akin. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor. This motion carried with all in favor . APPROVAL OF PROCLAMATION FOR CHILDREN ' S ACCIDENT PREVENTION WEEK: This proclamation was requested by the American Red Cross and is for the week of May 16th thru May 22 , 1988 . A motion was made by Councilman Akin to approve the proclamation for Children' s Accident Prevention Week which is for May 16th thru May 22 , 1988 . Seconded by Councilman DiTota. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor. This motion carried with all in favor . APPROVAL OF PROCLAMATION FOR 1988 CORRECT POSTURE MONTH: This proclamation was requested by the Chiropractic Health Center and is for the month of May. Motion was made by Mayor Pro Tem Donovan to approve the proclamation for 1988 Correct Posture Month - May, 1988 . Seconded by Councilman Akin. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman DiTota - in favor, Councilman Crane - in favor and Councilman Blakey - in favor . This motion carried with all in favor. CANVASS OF GENERAL MUNICIPAL ELECTION HELD ON MAY 7 , 1988 : This election was for Mayor and Council Members Place 2 , Place 4 and Place 6 . Mayor Trimble read the results as follows : 3 Mayor Absentee Elec. Day Total Chuck Trimble 9 362 371 William Vick 11 268 279 Place 2 Jim Swartz 13 326 339 Calvin Westerhof 6 213 219 Cleo Adams 4 119 123 Place 4 George R. Bentley 5 138 143 Ortie Messenger 14 373 387 Larry Braswell 4 107 111 Place 6 Albert Naish 17 409 426 Sandra Donovan 5 250 255 Mayor Trimble also read into the records the recount for Place 2 that was requested by Mr . Jim Swartz and done on Tuesday, May 10th at 9 :00 A.M. : Place 2 Recount Totals Jim Swartz 341 Calvin Westerhof 220 Cleo Adams 123 Mayor Trimble stated in order to carry a win in this place you had to have 50% plus one vote, in this place it would mean 343 votes. There will be a run off election in Place 2 . In Place 4 a candidate had to have 321 votes to carry the election and there will be no runoff for this place. Mayor Trimble read the following as winners of the election: Mayor - Chuck Trimble Place 2 - Runoff between Jim Swartz and Calvin Westerhof Place 4 - Ortie Messenger Place 6 - Albert Bud Naish A motion was made by Councilman Akin to approve the above canvassing of the General Municipal Election held on May 7th. Seconded by Councilman DiTota. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor, Councilman DiTota - in favor , Councilman Crane - in favor and Councilman Blakey - in favor . This motion carried with all in favor. APPROVAL OF THE ORDER OF ELECTION FOR RUNOFF ELECTION FOR PLACE TWO: Mayor Trimble stated the runoff election would be held on June 4th. Councilman Akin wanted to know if this 41 needed to be changed due to the City Charger stating that the election should be held within 14 to 21 days of the regular election . City Secretary Carolyn Jones said that state law required so many days for absentee voting and stated the number of days for which the election could be held and this would over rule our Home Rule Charter. Motion was made by Councilman DiTota to approve the Order of Election for Runoff Election for Place Two to be held on June 4th. Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman DiTota - in favor , Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . OATH OF OFFICE TO OFFICIALS ELECTED ON MAY 7 , 1988 : City Secretary Carolyn Jones gave the oath of office to Mayor Chuck Trimble, Councilman Ortie Messenger and Councilman Bud Naish. APPROVAL OF MAYOR PRO TEM FOR A ONE YEAR TERM FROM MAY, 1988 TO MAY, 1989 : Motion was made by Councilman DiTota to appoint Councilman Blakey as Mayor Pro Tem. Seconded by Mayor Trimble. The vote was as follows : Mayor Trimble - in favor, Councilman Akin - against, Councilman DiTota - in favor , Councilman Messenger - against, Councilman Blakey - in favor , and Councilman Naish - against. This motion did not carry as there was a three and three vote. Councilman Akin wanted to know if this could not wait until after the June 4th Election when there would be a full Council . Mayor Trimble stated that a Mayor Pro Tem should be elected at the first meeting after the election. Councilman Naish then suggested that the Council appoint a temporary Mayor Pro Tem until after the June 4th election. Motion was made by Councilman Naish to appoint Councilman Akin as temporary Mayor Pro Tem to serve until after June 4th. election. Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor , Councilman Akin - in favor, Councilman DiTota - against, Councilman Messenger - in favor , Councilman Blakey - in favor ,and Councilman Naish - in favor . This motion carried with five in favor and one against. APPROVAL OF AN ORDINANCE REPEALING ORDINANCE NO. 87-1 - PRIVATE CLUB: Mayor Pro Tem Akin wanted to know if this could be tabled until the law has been checked into further. Motion was made by Mayor Pro Tem Akin to table this item until there has been further investigation. Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor , Councilman DiTota - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor to table . APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 85-23A: This amendment is adding a new definition for Private Clubs serving alcoholic beverages. Mayor Trimble stated that with the repealing ordinance tabled , this item should be considered tabled until later . APPROVAL OF AN ORDINANCE AMENDING ORD. NO. 85-23A - ADDING TO SECTION 19 - SPECIFIC USE: This amendment is providing for an indoor shooting range in the Industrial Zoning . Motion was made by Mayor Pro Tem Akin to approve the amendment adding to Section 19 - Industrial Zoning a Specific Use Permit for indoor shooting range. Seconded by Councilman Naish. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor , Councilman DiTota - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor. S APPROVAL OF A REPLAT OF TRACT 5 - BUTLER ESTATES: This tract is located on Bozman Road and is in the City' s ETJ and the replat is dividing Tract 5 into a four (4) acre and five (5) acre tracts. City Manager John Pitstick said Planning and Zoning recommends approval with the stipulation that the private road not come in until it has been brought up to our standards . Councilman Messenger voiced concern that if this is approved the City will inherit the road later on. City Manager John Pitstick said this is in our ETJ and is called a private easement where the road is located . The County refused to accept this road until it was brought up to their standards. A motion was made by Councilman DiTota to approve the replat of Tract 5 in Butler Estates with the stipulation that the road remain a private road until it is brought up to our standards. Seconded by Councilman Naish. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman DiTota - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with all in favor . APPROVAL OF PRELIMINARY PLAT OF CANTERBURY HILLS: This item has been pulled at the request of the developer Mr . Baron Cook. APPROVAL OF TWO (2) WATER LINE EASEMENTS FROM HARDCAST INC. ) : This is the extension of the 12" water line from Hardcast to Sanden Property. Mayor Pro Tem Akin wanted to know why we are going this distance, isn' t there a water line across the street at the concrete place. Mr . Don White, Public Works Superintendent, said that line is only an 8" and Sanden needs a 12" line. Motion was made by Councilman DiTota to approve the two water line easements from Hardcast Inc . Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman DiTota - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor , and Councilman Naish - in favor . This motion carried with all in favor . DISCUSS PROPOSED RATE REQUEST FROM BFI : City Manager John Pitstick said this is a discussion item. The current contract says BFI has to come before Council prior to increasing their rates. Mayor Pro Tem Akin said he would like to see the original contract that we had with Moore. Finance Director James Johnson said it was different because it was tied with the landfill . Mayor Pro Tem Akin said the five (5) year contract was because of the landfill . Councilman DiTota stated that the City of Dallas has lowered their rates due to making trash bags mandatory. Would this help the rate increase in Wylie. Mr . Larry Appel , representative from BFI , said no it would not effect our prices for Wylie. Mr . Appel said that the only thing that may come back to Council is to pick up in front of some residents instead of in the alley due to the damage the trucks are doing in the City' s alley ways. This will not affect the rates either . Councilman DiTota wanted to know if we went to one (1) pick up a week instead of two (2 ) , would this lower the rates . Mr . Appel said staff and BFI could talk about it but this is what you ask for in the beginning. Councilman DiTota wanted to know what the city could do to lower the rates. Mr . Appel said that just North of the City there is a proposed landfill site, and this could lower the rates. At present we are hauling to Farmers Branch. NTMWD land fill is $4 .17 cu. yd. , McKinney is $2 .45 cu. yd. , Farmers Branch is $1 .40 cu. yd. By using Farmers Branch we have received a reduced rate. Difference in transportation, it takes 1 hr . 38 minutes - fuel - taxes - a driver - is still cheaper by going to Farmers Branch instead of NTMWD. Councilman Naish said in the pro/cons for front 6 street pick up, I have witnessed trucks hitting mail boxes and dogs seem to tear up the trash in the front more than in the back. City Manager John Pitstick said we are having some problems in some areas with the alley ways being torn up by the trucks. There being no other questions Mayor Trimble closed the discussion of the rate request from BFI . APPROVAL OF AGREEMENT BETWEEN THE CITY OF WYLIE AND WSA: City Manager John Pitstick said this has been to Park Board, WSA and staff . Mayor Pro Tem Akin said WSA use to pay the City $3 ,000 . to cover the park notes and this was done away with since they were taking care of the park. Councilman Naish said WSA pays the electric bills for the park and takes care of the sports complex . Mayor Pro Tem Akin said WSA is the only one that receives any revenues from the Park. Mayor Pro Tem Akin asked Mr . Johnson if the City was still paying on the park notes . Mr . Johnson said yes. Mayor Pro Tem Akin said we left the $3 ,000 . off because they were picking up some of the other expenses . Councilman DiTota wanted to know if staff has checked into the insurance, the deductible. Mr . Johnson said the deductible is $2 ,500 .00 . City Manager John Pitstick said the fountain that was just repaired has already been torn up again. Mayor Pro Tem Akin said the trash situation is bad , papers are blowing all over the park area. Mr. Don White said he has talked with WSA and the City is going to put in larger dumpsters and then WSA will empty the small containers into the dumpsters . Mayor Pro Tem Akin said the Park is something we are proud of and we should keep it clean. Councilman Naish said where are the volunteers that are suppose to be working in the park. City Manager John Pitstick said the plans are ready and we are going to the Park Board for recommendation to Council . After this has been done then the volunteers can begin their work. Councilman DiTota said it should be the City' s responsibility to coordinate the volunteer program. Mayor Pro Tem Akin said WSA has asked for the fees for the Community Room be waived for them. This is for the community and should not be abused by one entity. Also WSA wants one of their members on Park Board, the Council has felt like this would be a conflict , trying to represent the Park Board and taking care of WSA interest. Councilman Naish wanted to know if the fees for the Community Room goes back into the Park budget, where it could be used for seed for the park. Mr . Johnson said it went into the General Fund. Councilman Naish wanted to know what Council has to do to to change this so that the money collected from the Community Room would go back into the Park budget for grass seed. City Manager John Pitstick said it was easier to put this in the Park budget, instead of using this fee as a revenue source . Councilman Blakey said in this agreement, it sounds like WSA is to take care of the grass . Councilman Naish said it says they will water it and take care of it, but not buy grass seed . Councilman DiTota said there was nothing about who the volunteers work under . City Manager John Pitstick said it should go through City Staff , Park Board and Council . Mayor Pro Tem Akin made a motion to approve the agreement with the addition of a note on the bottom stating that the $3 ,000 . was deleted in lieu of their paying other expenses. Councilman Messenger said if we go with this agreement , who is going to pick up the trash. Mayor Pro Tem Akin amended his motion to include the responsibility of WSA to pick up the trash in the park. This motion was seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman DiTota - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor , and Councilman Naish - in favor . This motion carried with all in favor of the following agreement: WSA: 1 . Mow and maintain fields (grading and prepare fields , trimming and cleaning) and activity scheduling within the sports complex . 2 . Pay all electric expense (Monthly) 3 . Be responsible for all supplies for sports complex 4 . Move water cannon through park and set timers for sprinkler system. 5 . Pick up trash and empty the trash containers into the dumpsters . CITY OF WYLIE: 1 . Furnish all water and pay for water/sewer bills 2 . Mow and maintain all road right-of-way in park and areas around parking lot and library. 3 . Make repairs for anything over $100 .00 per occurrence. 4 . Send Monthly Electric bill to WSA This agreement will be reviewed prior to March 1 of every year from this day forth. At the time of review WSA will be asked to bring their records in so that Council and the Park Board can made a just agreement. (This agreement is in lieu of the $3 ,000 .00 WSA was to pay on the park notes . ) Mayor of Wylie President of WSA CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing to speak to the Council to come forward at this time and to state their name and address for the record. Mayor Trimble also requested that they stay within a two (2) minute time period. There was no one wishing to speak at this time. COUNCIL DISCUSSION: Mayor Pro Tem Akin wanted to know if the City Staff was trying to obtain the right-of-way from Ben Woods property for Sanden Blvd . City Manager John Pitstick said staff is talking with them. Mayor Pro Tem Akin stated that the Cemetery Board has said since the water runoff has been diverted to that side of Akin Lane, it is beginning to wash the dirt away and will expose graves soon. Mayor Pro Tem Akin also stated that he has talked with Sheriff Terry Box about using our jail cells . City Manager John Pitstick said that staff has had several meetings and we are still working on a presentation to the County for their using part of our cells. Mayor Trimble said we have been talking with the Commissioners Court and they said we 8 need electric locks on the cells and several other things done before we can finalize a contract . Councilman DiTota wanted to know the status on the Minyard Case. City Attorney representative Mr . John Roehm said we have a June 5th court date. There is also a hearing on May 31st before the judge, where Mr . Minyard is trying to get the annexation ordinance declared invalid. Councilman DiTota wanted to know how Mr. Roehm felt about our ordinance. Mr. Roehm said he does not feel we have a problem. Mr . Roehm said he called a surveyor and asked him to find a metes and bounds description from the tract and survey number on the annexation ordinance. The surveyor went to Collin County Courthouse and pulled the metes and bounds from the description on the annexation ordinance. Councilman DiTota asked about an update on Sanden Blvd. City Manager John Pitstick said it is under design right now, this will take three (3) to four (4 ) months. Councilman DiTota wanted to know if there was a food peddlers permit. Council wanted to outlaw these, it is taking business away from our own business districts . Code Enforcement Officer Roy Faires said the Zoning Ordinance says that a business has to be conducted in a building, and we also have health codes. City Manager John Pitstick would like Council to set a half day for a work shop, maybe sometime in mid June. This would be a work shop on next year' s budget. Councilman Messenger said there is an ad in the Wylie News for police officers and public works employees, have we had any terminations or resignations . Mr . Don White said mowers are for summer, two operators (one who has left and one on medical leave) who never been replaced. Councilman Blakey wanted an update on the street program. City Manager John Pitstick said staff will be bringing it back to Council soon. There is a pre bid hearing and so far this has shown a lot of interest. Next week there is a pre construction meeting on streets . Staff hopes to have the bids on the May 24th Council agenda. Councilman Naish said there were lots of places where water is standing in drainage ditches , one bad one is in Point North Subdivision. Mr . White said the one in Point North is a problem, the developer did not acquire an easement for the city to get in and do the work. City staff is in the process of trying to get permission from the other property owner in order for us to get in and do some work. Councilman Messenger said there is one place in Point North that was deep enough that a small child could drown. Councilman Naish said this was at Gaston and Ann Streets . Councilman Naish stated that he was looking forward to working with the City Staff . Mayor Trimble welcomed the new members and called to everyones attention that the Police BBQ sponsored by the Wylie Women' s League will be May 21st. Also that there would be another meeting with the volunteers for scheduling the next few months on May 26th at the Library.City Manager John Pitstick said we have extended the library hours, need volunteers on Tuesday nights and in afternoons. Mayor Trimble also requested, that after the hours have been established and enforce for a while, that we have a book drive. People will donate books , use what they can in the Library and then sell the rest. This would bring in a little revenue for the Library. q 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 /0 LIBRARY BOARD MEETING MINUTES APRIL 11, 1988 The City of Wylie Library Board met in regular session Monday, April 11 , 1988 in the Rita and Truett Smith Library. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Robert Fultz , Members Mary Jo Smith, Rita Smith, Judy Lippe, Betty Stephens, Carol Barry, City Manager John Pitstick, Librarian Kay Daniel , Coordinator Barbara Mannewitz . Vice Chairman Pat Zimmerman was absent. Robert Fultz called the meeting to order . First order of business was a discussion on the State of the Library Reception held on Sunday, March 27, 1988. The decision was made to acknowledge all donations in the paper and send thank you notes to all who gave. Also, when books are purchased a card would be place on each book to recognize the donors. A discussion about the upcoming volunteer meeting to be held on April 14, 1988 with Elizabeth Crabb coming to inform each volunteer of the different duties in the Library. Kay Daniel will send out a mailing to each name on our volunteer list, stating the time and place of the meeting . A schedule will be available at the meeting for the volunteers to sign up. The volunteer program is to start on Monday, April 18 , 1988 . The new hours were discussed. stating on Monday, Wednesday, Thursday and Friday, the Library will be open from 9:00 A.M. until 6:00 P.M. and on Tuesday from 9:00 to 8:00 P.M. The different jobs for the volunteers was discussed and it was decided that Kay Daniel would work with each volunteer on a one to one basis. Barbara Mannewitz made the announcement she would be taking a job with Time-Life magazine staring in June. Barbara Mannewitz also made a report on her work toward the grant to the meadows Foundation. There was some discussion on using the money from the grant toward a new Librarian with a MLS degree and another aide. Betty Stephens suggested we seek outside help on the upcoming story hour. Paula Scanlan was mentioned, and Betty Stephens said she would contact her about doing this. Chairman Fultz suggested doing posters advertising our summer reading program. There being no further business, a motion was made to adjourn with all in favor . Robert Fultz , Chairman Respectfully submitted, Kay Daniel, Librarian /a '2 LIBRARY BOARD MEETING MINUTES MAY 9, 1988 The City of Wylie Library Board met in regular session on Monday, May 9 , 1988 in the Rita and Truett Smith Library. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Robert Fultz , Board Members Pat Zimmerman, Judy Lippe, Mary Jo Smith, Betty Septhens, Rita Smith, City Manager John Pitstick, Librarian Kay Daniel , Volunteer Coordinators Wanda Doak, and Gayle Howard. Board Member Carol Barry was absent. Chairman Fultz called the meeting to order . City Manager John Pitstick introduced the new coordinators, Wanda Doak and Gayle Howard to the Board. The volunteer program was discussed and a volunteer handbook was passed out to everyone present. This handbook is to be ready for each volunteer at the next meeting , which is to be held on May 26th. A discussion to have some male volunteers to fill in some hours in the late afternoons, especially this fall when it gets dark so early. They Wylie Jaycees and Lion Club members were both mentioned . A discussion of news items to appear in the paper each week, and to be written by the volunteer coordinators. Such items like new videos, new large print books, best sellers and other things of interest that are in the Library should be in the paper. City Manager John Pitstick told the Board and staff members about the letter sent to the Meadows Foundation asking for a grant to help increase the Library staff and other needed items for the Library. Kay Daniel , Librarian, presented a letter from the Northeast Texas Library System asking that some of the volunteers attend a workshop at the Carrollton Library on May 26th. Rita Smith offered to take her van if a number of the ladies wanted to go. City Manager John Pitstick asked the board to make a cut in the Library hours on Tuesdays, opening at 12 noon until 8:00 P.M. instead of 9 :00 A.M. until 8 :00 P.M. , to leave the other hours the same. Chairman Fultz suggested the Board have a fund raiser while waiting to hear from the Meadows Foundation on the grant. A raffle was decided on in conjunction with the Police BBQ to be held on May 21st. A bicycle and $100 .00 free groceries were the items discussed . City Manager John Pitstick said he would have the tickets printed, and Chairman Fultz was to check on the items. A booth would be set up at the Police BBQ. Betty Stephens agreed to pass out information and consult with the teachers on our summer reading program. Kay Daniel is to furnish Betty with the needed materials. There being no further business , a motion was made to adjourn with all in favor . Robert Fultz , Chairman Respectfully submitted, • Kay Daniel, Library PARK AND RECREATION BOARD MEETING - MINUTES MAY 5 , 1988 The City of Wylie Park and Recreation Board met in regular session on Thursday, May 5 , 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 Board Members John Smyder, D. F. Whitlow, Ron Ferguson, Joanie Zeeb, Public Works Superin- tendent Don White, and Secretary Lisa Keith. Chairman John Morgan, Board Members Willie Benitez and Peggy Sewell were ab- sent. Chairman Morgan and Vice Chairman Willie Benitez being absent , Board Members D. F. Whitlow, Joanie Zeeb, and Ron Ferguson elected John Smyder as acting Chairman, with all in favor. Acting Chairman Smyder called the meeting to order . APPROVAL OF MINUTES : The minutes for March 3rd and March 19th meetings were submitted for approval . There being no corrections or additions, a motion was made by Acting Chairman Smyder to approve as submitted. The motion was seconded with all in favor. APPROVAL OF AGREEMENT BETWEEN WSA AND -CITY OF WYLIE FOR RECOM- MENDATION TO CfiTY COUNCIL : Mr. White said that himself and City Manager John Pitstick had reviewed the agreement submitted by WSA and that some items needed to be clarified. Mr. White then passed out a list of recommended changes submitted by himself and City Staff to be reviewed by the Park Board. Mr. White then pro- ceeded to discuss the changes as follows: WSA Item 3 -Pay all electric utility expense . Recommended change to read - Pay all electric utility expenses monthly for the sports complex. All Park Board members agreed to this change . WSA Item 4 - Be responsible for all playing supplies used for WSA activities . Recommended change to read - Be responsible for all playing supplies used for all sports complex activities. Mr. Fer- guson said that this change will present a problem to WSA because the schools also have sports activities at the complex . WSA Presi- dent Bob Evans stated that WSA should only be responsible for WSA activities. Mr. Smyder suggested that the word playing be removed from the original agreement . All Board Members were in agreement . Mr. White recommended an addition to be inserted as Item 5 - Insure that the park gets sufficient watering (set timers , move water can- non, and fertilize) . Mr. Smyder said it ' s a bear to use the water cannon and the odds are slim to none on useage . Don White said that the City doesn' t have enough man power to move the water cannon around and that when its not raining enough that maybe we can use the fire trucks, at least in the soccer fields . He also said that it would be alot faster with a fire truck because it covers a wide area in one sweep and would only take a couple of hours . Mr . Smy- der recommended to remove the words "move water cannon" . Ms . Zeeb asked if it could still be used if someone wanted to use it . Mr . White informed her that it would be available . Ms. Zeeb suggested that "water cannon available for use" be inserted into the agree- ment. Acting Chairman Smyder asked if everyone agreed to remove "move water cannon" and insert "water cannon available for use" . All were in agreement . Mr . White said that him and Bob Evans would work something out to water the fields . City of Wylie Item 5 - Pick up and empty all trash receptacles weekly. Don White stated that the dumpster is too small and that a larger dumpster would be the answer. The City will agree to provide a larger dumpster if WSA will agree to pick up the trash and empty the receptacles into the dumpsters . All Board Members agreed. Mr. White then stated that if everyone was satisfied with the agreement he could have it retyped and submitted to council Tues- day night. Acting Chairman Smyder motioned if there was not any further discussion on this item to put it to rest and recommend the revised WSA and City of Wylie Agreement be submitted to City Council for approval . The motion was seconded with all in favor . GENERAL DISCUSSION: Mr. Whitlow asked if anyone had heard any- thing from the volunteers. Mr. White said he hadn't heard from anyone since March. Mr. Smyder asked if a coordinator had been appointed yet. Don White said no, but that John was working on getting some landscaping drawings done up so we would have some- thing to show the areas where volunteers can get to work on. No one can do anything until we have detailed plans. Mr. Smyder stated that at a previous meeting everyone had agreed to start on the playground area. Mr. White said that no one had contacted him for supplies or anything . We need a coordinator. If you know anyone that will take on that responsibility he would be glad to talk to John about it . Mr. Whitlow said that we have to take what we have and make the best of it . Mr. Whitlow asked if WSA waters the fields every night . Volunteer Gary Starnes stated that the two fields on the north end get watered every other day, brut that the other two fields are not being watered because costly repairs need to be made . Mr . White stated that another repair estimate was needed and that he would look in the budget for money to fix the other two fields. Bob Evans said he would get a new estimate as soon as possible . Mr. Starnes stated that he could go ahead and repair the watering system and have the City of Wylie reimburse him. Mr. Smyder asked how long it would take to reimburse the money. Mr. White said that if the money was available it would take just a couple of days . Mr. Smyder said that it was prudent for Gary Starnes to talk to Rob Evans about it, rather than us arbitrarily saying go ahead. Mr. Whitlow said that based on the City of Wylie and WSA agreement the City pays for repairs exceeding $100. 00, and that the bid will exceed that. Mr. Smyder said that it is no longer considered a bird, it' s a fact of set cost. Bob Evans: said that a man has donated a tractor, drill , and labor for the fields , all we need now is a donor for the grass seed, Bermuda grass is expensive . Ms . Zeeb asked how much money we were talking about . Bob Evans said that it hasn' t been figured out yet . Mr. Whitlow said that Jill Tomek had mentioned a donor in a pre vious meeting . Don White said that he would contact her and find out what has happened. Mr. Whitlow said that one guard rail post on one of the north fields was out and that it needed to be reset. Bob Evans and Mr. Smyder said that if more Sakrete is needed they both have some they can donate . Mr. Smyder said that he noticed some of the small repair jobs had not been fixed yet. Mr. White said that the locks were changed, the restrooms are finished, and part of the sprinklers are fixed. An electrician donated his services for the lights around the Akin building, but the big lights are too expensive and feels that it' s not feasible to do this year. Bob Evans said that the frame and doorknobs at the concession stand are off and that a new frame and door is needed. Mr . Evans also added that a professional needs to look at it because they have repaired it as much as they can. Don White said that he would look into it. Gary Starnes asked if a coordinator for the park has been found yet. Mr. Smyder said that only a coordinator for the Clean-Up Committee has volunteered and that no one has contact- ed Don White. Mr. Starnes said that he would volunteer until they found someone else . Mr. Smyder said that Jill Tomek had found a volunteer and that the board told her to go ahead with it. We were under the impression that she had the material and volunteers, the whole nine yards and nothing has been done . Mr. Starnes said that he could get the materials. Mr. Smyder said that he would have to contact John Morgan and find out what ' s going to happen. Mr. Smyder said that he didn't even know that Valentine Park existed until a few days ago, and that he noticed there was a playground and ballfield, and that it was being mowed and taken care of. Ms . Zeeb asked where the park came from. Mr. White informed her that K- C. Swayze had donated it and that last year it legally became City property, and that there is probably enough room for three soccer fields if it ' s kept up . Mr. Smyder said he was glad to see Kirby Park utilized. Mr . White stated that his volunteers take care of that park every Saturday, and that John had told him that the people at Methodist Church wanted to take over the maintenance of Kirby Park. Mr. Whitlow asked if any suggestions had been made for Community Room uses and what the Library hours were . M•r. White said that there is a Womens League and they may have suggestions on uses for benefit activities, and that he wasn' t sure of the hours . There being no other business or discussion, a motion was made by Mr. Smyder to adjourn, with all in favor. John Morgan, Chairman Respectfully submitted, Lisa Keith, Secretary PLANNING AND ZONING MEETING MINUTES MAY 16, 1988 The City of Wylie Planning and Zoning Commission met in regular session on Monday, May 16, 1988 at 7:OCR P. M. in the Council Chambers of the Municipal Complex. A quorum was present and notice of the meeting had been posted in the manner and time required by law. those present were Brian Chaney, Chairman, Board Members, R. P. Miller, Marty Stovall, Bart Peddicord, Cecelia Wand, Code Enforcement Officer, Roy Faires, City Manager, John Pitstick and Secretary, Robin Belz. Bob Skipwith and Ben Scholz were absent. Chairman Chaney called the meeting to order. APPROVAL OF MINUTES: The minutes submitted for approval were for the May 2, 1998 meeting. Chairman Chaney asked if there were any corrections to be made. Mr. Peddicord corrected the minutes as follows, in item number two last paragraph first sentence take the word (and) out and the sentence would make more sense, reading as follows: After discussion with the staff, Board Chairman Chaney asked if there was anyone to speak for or against this item. In item number four last sentence add the word (the) after (to) , and take out the word (of) after council and add the word (the) after (accepting) and the word (as) after (standards) , reading as follows: Mr. Peddicord made a motion to recommend to the Council the re-plate of Tract 5 Butler Estates with stipulations of not accepting the roads because they do not meet existing City standards as required. In item number five third paragraph second sentence take out the word (within) and just add (with) after the word (stay) , reading as follows: Staff requests that if they stay with at least 1 acre lots septic tanks be accepted. In the fourth paragraph first sentence make the word (collector) instead of (collectors) , reading as follows: The particular road we are discussing is a collector road. In the second sentence, add (and) after the word (County) , and take (at ) out of the sentence after the word (set) , reading as follows: Staff stated the road at this time is maintained by the County and Staff is recommending that some improvement be made on the road and be set at least 27" minimum with requirements for curbs and gutters and that the street will last at least 20 years, due to the fact that when it is brought in to the City we won' t have to maintain it for some time. In the sixth sentence take out the words (to) and (have) , with the sentence reading as follows: Mr. Pitstick stated that any street can last Icing if it is built right, Staff was just wanting something that they would not have immediate maintenance on. In the first paragraph on page four in item number five 8 second sentence add the word (to) after the word tied and change the word ( lots) to ( lot ) ar►d add the word (size) after that, reading as follows: Mr. Chaney questioned Mr. Cook as to whether he was tied to the lot size. In the fourth sentence same paragraph add the word (that) after the word (Mr. Cook) , reading as follows: Mr. Chaney stated to Mr. Cook that in the future when the sewer was available he could go with smaller lot so he felt Mr. Cook was asking the City to ignore the ordinances. In the last item second paragraph Mr. Stovall stated he also mentioned that there was an existing problem with standing water that he commented on at the meeting in general discussion that he wanted to add to the minutes. Mr. Peddicord said on the last page third paragraph first sentence to add (do) after the ward (we) , reading as follows: Mr. Peddicord stated he noticed a number of pockets that are not in the City Limits that need to be cleaned up, and wanted to know what we could do about it or what can we start to annex to be able to clean it up. Cecelia Wood stated that on the last page in the second paragraph, first sentence, to change word (electricity) to (utility) , and to add in the comment that "she questioned as to whether or not we could see that the drainage of the ditch be maintained" and in the last sentence the words (to) and (adjourn) should be added after the word made. Mr. Chaney added that on the first page, the first item last sentence the word (plane) should be spelled (plain) . Mr. Chaney asked if there were anymore corrections to be made and if not to make a motion on this item. Mr. Peddicord made a motion that the minutes be accepted as corrected. Seconded by Mrs. Woad. The motion passed with all in favor. PUBLIC HEARING FOR THE REQUEST OF A SPECIFIC USE PERMIT FOR WYLIE LANDSCAPING AND EXTERMINATING CO. : Mr. Chaney asked before opening the public hearing if the Staff had any comments to make on this subject. Staff stated that when the building was used by Prock' s, they had a similar permit, for outdoor sales of plants only. Staff stated that Mr. John Webster responded to one of the letters that were sent out by the City, and Mr. Webster said he did not have a problem with the Permit as long as the alley stayed clear. Mr. Faires stated that we did limit Prock' s, the company that was there before, to plants only, and the Staff asks that this be granted under the same conditions. Mr. Chaney asked if there was anyone there to speak for the item. Mr. Jim Caton was there representing the company. He presented a plot plan that covered every aspect of what he would be placed outside of the building for sale. Mr. Chaney asked if there was anyone there to speak against the item. There was no one. It was decided that the presented plan should be marked Exhibit A and made a part of the permit. Mr. Chaney then closed the public hearing. CONSIDER APPROVAL OF RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL OF A SPECIFIC USE PERMIT FOR WYLIE LANDSCAPING AND EXTERMINATING COMPANY: Mr. Chaney stated that the plot plan presented by Mr. Caton clarified all of the questions the Board had. Mr. Chaney stated the only thing that needed to be added to the motion is, that it would be a 1 year Specific Use Permit only. Mrs. Wood stated that the lots should be specified, since it was not clear on the reference that they would be using both lots. Mr. Chaney asked that a motion be made. Mrs. Wood made a motion to recommend to the City Council the issuance of a Specific Use Permit for Wylie Landscape and Exterminating Company, for lot 1&2 Block 20 Railroad Addition for outside sales of nursery and bedding plants as per Exhibit A for a period of 1 year. Seconded by Mr. Peddicord. The motion passed with all in favor. There being no other business a motion was made to adjourn with all in favor. Brian Chaney, Chairman Respectfully Submitted Robin Belz, Secretary D Staff Report to Mayor and City Council DATE: SUBJECT: NO: 5-20-88 PLANS FOR STATE BEAUTIFICATION PROGRAM / The City of Wylie has been given initial approval for a matching grant for State Highway Beautification. This grant is a $25,000 matching grant which requires the City to come up with $25,000 matching services for installation and upkeep of State Highway landscaped entry ways. The State of Texas will furnish $25,000 worth of plants and materials. A concept plan will be presented to City Council for their approval of landscaped entry ways on SH 78 and FM 544 . A concept plan must be presented to the Dallas District State Highway Office by June 10th in order to receive approval by late July from the State Highway Commission. Following approval the State Highway Department will go through a bidding process for ordering plants that should be delivered in November or December for our installation. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL John Pitstick, City Manager FOR ADD.INFO. CONTACT: OTHER: John Pitstick, City Manager 4,2)/ Staff Report to Mayor and City Council DATE: SUBJECT: NO: 5-20-88 YMCA SUMMER PROGRAM Staff has been examining ways to utilize the Wylie Community Center in an effort to provide youth and senior citizen activities. Initial contact has been made with the YMCA Garland Branch for extension services. Following is a tentative schedule and proposed program for a summer program from 8:30 A.M. to 4:30 P. M. Monday through Friday to be run by YMCA staff. Initial funding of $4 ,000 would have to be raised to provide for a staff person. The YMCA would provide programing and games with three (3) hours per day of social activities for senior citizens and two (2) hours per day of social activities for youth. The City would be responsible for providing the Community Center including utilities and janitorial services. Tracy McCasland, the Program Director with the Garland YMCA, will be present Tuesday night to discuss the proposed program and answer questions . ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL John Pitstick, City Manager FOR ADD.INFO. CONTACT: OTHER: John Pitstick, City Manager TENTATIVE SCHEDULE AND PROPOSED PROGRAMING for THE CITIZENS OF WYLIE GARLAND YMCA May, 1988 The Garland YMCA proposes the following: A survey to the citizens of Wylie to determine needs and interest of seniors, adults and youth. Office hours: Monday through Friday 8:30 to 4:30 or 9:00 to 5:00 One staff person on duty during office hours withtrained staff utilized for each program. Social time for seniors will be three (3) hours per day. Social time for youth will be two (2) hours per day. During the social times there will supervised activities such as: Cards Puzzles Dominos Board games Checkers Ping Pong A $15.00 membership for youth to help defray the direct cost of operating the center. Senior citizens at no charge. Supplies to be provided by the City of Wylie: Telephone Television with stand VCR Utilities Cleaning service Subsidy for senior citizens program $4,000.00 provided by the City of Wylie Possible programs: Prime Time 55+ (senior citizens exercise) Prime Time lunches (senior citizens) Square Dancing Tumbling Tot Tumbling Aerobics Exercise Classes Teen Dances Day Camp Pre and Post Art Classes Craft Classes Cheerleading Stress Management CPR classes (one day event) Babysitting classes (one day event) Mother's day out Over-nights for youth TO: Planning and Zoning Commission FROM: Roy Faires DATE: May 18, 1988 SUBJECT: Zoning Case No. 88-1 APPLICANT: Jim Catcn OWNER: V. A. Murdock 11217 Russwood Circle Dallas, Texas 75229 REQUESTED ZONING: Specific use Permit for outside sale of plants in "R" district. EXISTING ZONING "R" ( Retail) ADJACENT LAND USES: Residential and Retail LOCATION OF REQUEST: Lots 1 & 2 Railroad Addition (Highway 78 and Second St.) HISTORY: Zoned retail at the enactment of the original zoning ordinance- Prock's applied for B-2 to sell plants outside this was denied but the P & Z reconnended that this use be permitted as a specific use in the retail zone. This was approved by Council. This application is in line with that decision. DATE FILED: April 21, 1988 DATE OF ZONING COMMISSION HEARING: May 16, 1988 a 02 6 Zoning Case do. Street & R.O.W. Requirements: D.N.A. Water & Sewer Requirements: D.N.A. Drainage & Flood Plain Concerns: Planning Comments: This is consistant with previous use and Staff recommends that the Specific Use Permit be granted. P & Z Recommendation: Recommended that Council approve the request for a Specific Use Permit. JT APPLICATION TO i Board of Adjustment and Appeals (Building) ORDINANCE 83-15 1111 Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 11.2 Planning and Zoning Commission ORDINANCE 81-5 NAME Z<Jy/ c 4n V arG Z17-er,,•i,.4%i (,. ADDRESS /? 4e-x- /y/3 - / -- 7 LOT it'' I BLOCK , d" SUBDIVISION A,,e:40 .2,1, (n—'-" �a� 7) BASIS OF APPLICATION: [ I Interpretation ly Special exception for use or development Variance DRezoning Exception to Building Code ` ni EXPLANATION: /6, re5% S2&,5 cisee i7Cziff;74. ' /0 r9 ieiQ-/ G 1e // IZv/S 7 GU,2/2Mpo10 t10-75; G S4 4-J ifri a. I'c -Air/ S%'i .{" �✓1�OG�S7 O/d- /oe.4j,c.-, 4t.y., /Ay 7i) 1 SIGNITURE of APPLICANT DATE . - - �� Must be accompanied by filing fee of $ /" J —' itc.).`41_,, . /Mc Received: Date: 4/-2- /— 5P8 qt i p9g v I7 71/ 14 . , ,'..'1 it .,� 14 (3� ' 40 Alliall 13 ek 4C NI" 8 Ili' W 12 I1 10 9 8 9 a to ''0, l°e — • I tt, MASTERS 41 ti i� Ilj• zii 9 8 7 6 5 4 3 2 1 111U 6 5 111 /7"--re ell e 0 IT 6 10 17 W 10 16 to 5 7 I 11 16 , II a 1 ! 11 8 CC 12 1'S 12 li 9 13 14 13 1 BUTLER 1 I 1 $9 1 2 20 2 2 2 3 21 3 3 3 4 22 4 4 4 � W w I. S 5 I CC 23 5 S • I ft. ' I • •• r • . •Ss? ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of Wylie Nursey & Exterminating should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 .That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: Specific Use Permit - Outside Sales Said property being described as follows : Lot 1, Block 20 Railroad Addition 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.That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4 .That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invlaid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($208 .08) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6 . It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the day of 198 Chuck Trimble, Mayor ATTEST : Carolyn Jones, City Secretary 3 / Staff Report to Mayor and City Council DATE: SUBJECT: NO:5 5-20-88 CITY OF WYLIE AND LUCAS BOUNDARY AGREEMENT The following is an ordinance written by our City Attorney, this ordinance will finalize the Boundary agreement between the City of Wylie and the City of Lucas. There is no public hearing required, after adoption of the ordinance it will be filed at the County deed of records. This ordinance will disannex Ordinance Nos. 86-12 , 86-42, 86-43 , 86-44 and 86-45, as explained in Exhibit A of the Ordinance. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Carolyn Jones, City Secretary FOR ADD.INFO. CONTACT: OTHER: Carolyn Jones, City Secretary 3GL ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING THE HEREAFTER DESCRIBED TRACT OF LAND FROM THE CITY OF WYLIE, SO THAT SAID TERRITORY MAY BE ANNEXED BY THE CITY OF LUCAS; PROVIDING THAT THE CITY OF WYLIE RELINQUISHES ANY AND ALL EXTRATERRITORIAL JURISDICTION IT MAY HAVE IN AND TO SAID TRACT OF LAND HEREAFTER DESCRIBED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the desire of the City of Wylie to disannex the following described tract of land and to relinquish any and all extraterritorial jurisdiction it may have in and to said tract so that the same may be annexed to the City of Lucas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described tract of land be, and the same is hereby, disannexed and discontinued as a part of the City of Wylie in order to accomplish the purpose set forth above so that the same will no longer be a part of the City of Wylie for any purpose whatsoever, said tract of land being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The City of Wylie hereby relinquishes any and all extraterritorial jurisdiction which it has or may have under the provisions of the Municipal Annexation Act, being Article 970a, Vernon's Revised Civil Statutes of the State of Texas, and upon the passage of this ordinance, the said City of Wylie shall no longer have or exercise any right, jurisdiction or control over the above described tract of land. SECTION 3. This tract of land is being disannexed solely so that it may be annexed into and become a part of the City of Lucas, Texas, and should any other town or city annex or attempt to annex any part of said tract, this disannexation and waiver of extrateri itorial jurisdiction shall be null and void and of no force or effect. SECTION 4. The City Council finds that the best interest and welfare of the general public of the City of Wylie will be served by disannexing the said tract of land so that the same may be annexed by the City of Lucas and by the relinquishment of extraterritorial jurisdiction of said tract and that this ordinance should take effect immediately from and after its passage as the law in such cases provides, and IT IS ACCORDINGLY SO ORDAINED. DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1988. APPROVED: MAYOR DULY ENROLLED: CITY SECRETARY APPROVED AS TO FORM: JQ,'(/t.0.4/16( M CITY ATTORNEY EXHIBIT A WYLIE DISANNEXATION DESCRIPTION The City of Wylie shall disannex all that area in the Wylie Annexation Ordinances 86-12, 86-42, 86-43, 86-44, and 86-45 which lies north and west of the following described line : BEGINNING at the intersection of the East line of Aztec Trail and the South line of the LEROY FARMER SURVEY, ABSTRACT NO. 334, the same being on the boundary line as agreed between the City of Lucas and the City of St. Paul dated July 17, 1975 ; THENCE Northerly along the projection of the East line of Aztec Trail to the South line of the ORPHA SHELBY SURVEY, ABSTRACT NO. 799 ; THENCE Easterly along the South line of the ORPHA SHELBY SURVEY (A-799) to the Southeast corner thereof ; THENCE Northerly along the East line of the ORPHA SHELBY SURVEY (A-799) and a projection thereof to a point that is 600 feet South of the Northwest corner of the D. FARMER SURVEY; THENCE Easterly parallel to and 600 feet South of the North line of the D. FARMER SURVEY to a point that is 3, 200 feet East of the West line of the D. FARMER SURVEY , THENCE Northerly parallel to and 3, 200 feet East of the West line of the D. FARMER SURVEY to a point that intersects the Easterly extension of the Fairview-Lucas boundary agreement as described in a Joint Resolution Between The Cities Of Fairview And Lucas dated March 1 , 1977 and filed in Volume 1045 at Page 775 of the Collin County Deed Records ; THENCE Westerly along the prolongation of the extension of the Fairview/Lucas Boundary Agreement referenced herein to the Corp of Engineers take line of the Lake Lavon Reservoir. ORDINANCE NO. AN ORDINANCE authorizing the issuance of "CITY OF WYLIE, TEXAS, TAX AND WATERWORKS AND SEWER LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988" ; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City' s Waterworks and Sanitary Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. WHEREAS, notice of the City Council ' s intention to issue certificates of obligation in the maximum principal amount of $1, 275, 000 for the purpose of paying contractual obligations to be incurred for (i) the construction of street improvements, including the acquisition of rights-of-way therefor and drainage improvements incidental thereto, (ii) the construction of improvements and extensions to the City' s combined Waterworks and Sanitary Sewer System, and (iii) professional services, has been duly published in a newspaper hereby found and determined to be of general circulation in the City of Wylie, Texas , on 1988 and , 1988, the date of the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation described in the aforesaid notice, signed by at least 5% of the qualified electors of the City, has been presented to or filed with the City Secretary on or prior to the date of the passage of this ordinance; and WHEREAS, the Council hereby finds and determines that all of the certificates of obligation described in such notice should be issued at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 : Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $1 , 275, 000, to be designated and bear the title "CITY OF WYLIE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988" (hereinafter referred to as the "Certificates") , for the purpose of paying contractual obligations to be incurred for (i) the construction of street improvements, including the acquisition of rights-of-way therefor and drainage improvements incidental thereto, (ii) the construction of improvements and extensions to the City' s combined Waterworks and Sanitary Sewer System and (iii) professional services, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.S. , Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 2 : Fully Registered Obligations - Authorized Denominations-Stated Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated May 15, 1988 (the "Certificate Date") and shall be in denominations of $5, 000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate 1990 $ 30, 000 % 1991 30,000 1992 35,000 % 1993 35,000 1994 40, 000 1995 45, 000 1996 45, 000 1997 50, 000 1998 55,000 1999 60, 000 2000 65, 000 2001 70, 000 % 2002 80, 000 2003 85,000 % 2004 90, 000 % 2005 100, 000 2006 110, 000 2007 120, 000 2008 130, 000 % The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate(s) per annum shown above in this Section (calculated on the basis of a -2- 360-day year of twelve 30-day months) . Interest on the Certificates shall be payable on February 15 and August 15 of each year, commencing February 15, 1989 . SECTION 3 : Terms of Payment-Paying Agent/Registrar . The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders" ) appearing on the registration and transfer books (the "Security Register" ) maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts , and shall be without exchange or collection charges to the Holders . The selection and appointment of MTrust Corp, National Association to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its principal offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder . If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the -3- next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail , first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4 : Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after February 15, 1999, shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5, 000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on February 15, 1998 or on any interest payment date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar) , the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5, 000 and shall select the Certificates to be redeemed within such Stated Maturity by lot . -4- 3 (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City' s expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, ( ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys sufficient for the payment of such Certificate (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. SECTION 5 : Registration - Transfer - Exchange of Certificates-Predecessor Certificates . A Security Register relating to the registration, payment, and transfer or exchange of the Certificates shall at all times be kept and maintained by the City at the Designated Payment/Transfer Office of the Paying Agent/Registrar, 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 Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof . Any Certificate may be transferred or exchanged for Certificates of -5- 0 other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar . Upon surrender of any Certificate for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates, " evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in -6- the exchange or transfer therefor . Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 20 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part . SECTION 6 : Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals execuring the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s) and with respect to Certificates delivered in subsequent 'exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 8C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent , or a certificate of registration substantially in the form provided in Section 8D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 7 : Initial Certificate(s) . The Certificates herein authorized shall be initially issued either ( i) as a single fully registered certificate in the total principal -7- amount of $1,275, 000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as nineteen (19) fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s) ") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof . The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s) . Any time after the delivery of the Initial Certificate(s) , the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s) , or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s) , or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8: Forms . A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates , shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification ( including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements ( including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the certificate. -8- 13 The definitive Certificates shall be printed, lithographed, or engraved or produced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution, but the Initial Certificate submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. B. Form of Certificates . REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF WYLIE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM LIMITED PLEDGE REVENUE CERTIFICATE OF OBLIGATION, SERIES 1988 Certificate Date: Interest Rate: Stated Maturity: CUSIP NO: May 15, 1988 Registered Owner: Principal 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, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months ; such interest being payable on February 15 and August 15 in each year, commencing February 15 , 1389 . Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof , upon presentation and surrender, at the Designated Payment/Transfer Office of the -9- Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor . Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date" , which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail , first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts . This Certificate is one of the series specified in its title issued in the aggregate principal amount of $1, 275, 000 (herein referred to as the "Certificates" ) for the purpose of paying contractual obligations to be incurred for ( i) the construction of street improvements, including the acquisition of rights-of-way therefor and drainage improvements incidental thereto, (ii) the construction of improvements and extensions to the City' s combined Waterworks and Sanitary Sewer System and (iii) professional services, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance") . The Certificates maturing on and after February 15, 1999, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5, 000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on February 15, 1998, or on any interest payment date thereafter, at the redemption price of par, together with accrued interest to the date of redemption and upon 30 days prior written notice being sent by United States Mail , first class postage prepaid, to the registered owners of the Certificates to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Certificate (or the portion of the -10- principal sum hereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event of a partial redemption of the principal amount of this Certificate, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar and there shall be issued, without charge therefor to the registered owner hereof, a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum hereof . If this Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer this Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance hereof in the event of its redemption in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and are additionally payable from a limited pledge of the Net Revenues (as defined in the Ordinance) of the City' s combined Waterworks and Sanitary Sewer System (the "System") , such pledge being limited to an amount not in excess of $9, 500 and additionally being junior and subordinate to the lien on and pledge of such Net Revenues securing the payment of "Prior Lien Obligations" (as defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms , conditions or restrictions under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms ; the description of and the nature and extent of the tax levied for the payment of the Certificates; the properties constituting the System; the Net Revenues pledged to the payment of the principal of and -11- interest on the Certificates; the nature and extent and manner of enforcement of the pledge; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights , duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledges, charges and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof , or his duly authorized agent . When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees . The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, ( ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail , first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. -12- 7 It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas . IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF WYLIE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) -13- C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas . WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar . The principal offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Bond. Registration Date: MTRUST CORP, NATIONAL ASSOCIATION as Paying Agent/Registrar By Authorized Signature *NOTE TO PRINTER: Do Not Print on Definitive Certificates -14- E. Form of Assignment . ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee: ) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assign- Signature guaranteed: assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows : (i) immediately under the name of the certificate the headings "Interest Rate and "Stated Maturity " shall both be omitted; (ii) paragraph one shall read as follows : Registered Owner : Principal Amount : Dollars The City of Wylie (hereinafter referred to as the "City") , a body corporate and municipal corporation in the County of Collin, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule : -15- L5O PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof) . (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 1989 . Principal of this Certificate is payable at its Stated Maturity or on a prepayment date to the registered owner hereof by MTrust Corp, National Association (the "Paying Agent/Registrar") , upon its presentation and surrender, at its principal offices in Dallas , Texas (the "Designated Payment/Transfer Office" of the Paying Agent/ Registrar) . Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date" , which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 9 : Definitions . That for purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows : (a) The term "System" shall mean the City' s combined Waterworks and Sanitary Sewer System, including all properties, real , personal, mixed or otherwise, now owned or hereafter acquired by the City of Wylie through purchase, construction or otherwise, and used in connection with the System and in anywise appertaining thereto, whether situated within or without the limits of the City. -16- V / (b) The term "Net Revenues" shall mean the gross revenues of the System less the expense of operation and maintenance, including salaries, labor, materials, interest, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions as in the judgment of the City Council, reasonably and fairly exercised, are necessary to keep the System in operation and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair any obligations payable from and secured by a lien on and pledge of the Net Revenues of the System shall be deducting in determining "Net Revenues" . (c) The term "Certificates" shall mean the $1,275, 000 "City of Wylie, Texas , Tax and Waterworks and Sewer System Limited Pledge Revenue Certificates of Obligation, Series 1988" authorized by this Ordinance. (d) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 10 of this Ordinance. (e) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid "CITY OF WYLIE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1971" , dated March 1, 1971, and issued in the original principal amount of $300, 000, "CITY OF WYLIE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1980" , dated March 1 , 1980, and issued in the original principal amount of $400, 000, and "CITY OF WYLIE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1986" , dated July 1, 1986, and issued in the original principal amount of $160, 000, and additional obligations payable from and equally secured by a parity lien on and pledge of the Net Revenues of the System with such outstanding and unpaid obligations and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates . (f) The term "Fiscal Year" shall mean the twelve months ' period ending September 30th of each year . -17- (g) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (h) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except : (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 21 hereof by the irrevocable deposit with the Paying Agent/Registrar, or an authorized escrow agent, of money or Government Securities, or both, in the amount necessary to fully pay the principal of, premium, if any, and interest thereon to maturity or redemption, as the case may be, provided that, if such Certificates are to be redeemed, notice of redemption thereof shall have been duly given pursuant to this Ordinance or irrevocably provided to be given to the satisfaction of the Paying Agent/ Registrar, or waived; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 20 hereof. (i) The term "Government Obligations" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and United States Treasury obligations such as its State and Local Government Series in book-entry form. SECTION 10 : Certificate Fund. That , for the purpose of paying the interest on and to provide a sinking fund for the payment , redemption and retirement of the Certificates, there -18- shall be and is hereby created a special Fund to be designated "SPECIAL SERIES 1988 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND" , which Fund shall be kept and maintained at the City' s depository bank, and moneys deposited in said Fund shall be used for no other purpose. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. Pending the transfer of funds to the Paying Agent/ Registrar, money in the Certificate Fund may, at the option of the City, be placed in time deposits or certificates of deposit secured by obligations of the type hereinafter described, or be invested, including investments held in book-entry form, in direct obligations of the United States of America, obligations guaranteed or insured by the United States of America , which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times . All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates . SECTION 11 : Tax Levy. That, to provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and ( ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater) , there shall be and there is hereby levied for the current year and each succeeding -19- year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars ' valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness . Accrued interest and premium, if any, received from the purchasers of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes . SECTION 12 : Limited Pledge of Net Revenues . The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System in an aggregate amount not to exceed $2, 500 are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the limited pledge of $2 , 500 of the Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and be valid and binding without any physical delivery thereof or further act by the City. SECTION 13 : System Fund. The City covenants and agrees that revenues derived from the operation of the System shall be accounted for separate and apart from all other funds, accounts and moneys of the City, and all such revenues shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "Waterworks and Sewer System Fund" (hereinafter called the "System Fund") . All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit : -20- First: To the payment of all necessary and reasonable maintenance and operating expenses of the System as defined herein or required by statute to be a first charge on and claim against the revenues thereof, Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations . Third: To the payment of the limited amount required to be deposited in the Certificate Fund for the payment of the Certificates . Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 14 : Security of Funds . That all moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 15 : Maintenance of System - Insurance. That the City covenants and agrees that while the Certificates remain Outstanding, it will maintain and operate the System with all possible efficiency and maintain casualty and other insurance on the properties of the System and its operations of a kind and in such amounts customarily carried by municipal corporations in the State of Texas engaged in a similar type business; that it will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Texas . SECTION 16 : Remedies in Event of Default . That, in addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Certificate Fund, or (b) defaults in the observance or performance of any other of the covenants , conditions or obligations set forth in this Ordinance, the -21- owner or owners of any of the Certificates shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescense therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient . The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 17: Special Covenants . That the City hereby further covenants as follows: (a) That it has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas , including said power existing under Articles 1111 et seq. , V.A.T.C. S. and V.T.C.A. , Local Government Code, Sections 271 . 041, et seq. (b) That other than for the payment of the Certificates and the outstanding Prior Lien Obligations identified in Section 9(e) hereof and the Certificates, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. (c) That, as long as any Certificates or any interest thereon remain Outstanding, the City will not sell, lease or encumber the System or any substantial part thereof, provided that this covenant shall not be construed to prohibit the sale of such machinery, or other properties or equipment which has become obsolete or otherwise unsuited to the efficient operation of the System. (d) That to the extent that it legally may, the City further covenants and agrees that, so long as any of the Certificates, or any interest thereon, are Outstanding, no franchise shall be granted for the installation or operation of any competing waterworks and sanitary sewer systems other than those owned by the City, and the operation of any such systems by anyone other than the City is hereby prohibited. -22- SECTION 18: Issuance of Prior Lien Obligations and Additional Certificates. That the City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and, also reserves the right to issue Additional Certificates . Additional Prior Lien Obligations, if issued, may be payable, in whole or in part, from Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon such terms and conditions as the City Council may determine. SECTION 19 : Application of Prior Lien Obligations Covenants and Agreements . It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions , agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. SECTION 20: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless . All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. -23- Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates . SECTION 21: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such limited pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants , agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment , of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof . The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986 , as amended, or regulations adopted pursuant thereto. -24- Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of four (4) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas . SECTION 22 : Ordinance a Contract -Amendments . This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 23 : 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 property the acquisition, construction, or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which, -25- if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes . Without limiting the generality of the foregoing, unless and until the City 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 on any Certificate 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 Certificates or any other issue of obligations of the City, means original proceeds, amounts received (including repayments of principal) as a result of investing the original proceeds of the issue, 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 debt service on the Certificates or such other issue, and any other amounts used to pay debt service on the Certificates or such other issue, together with earnings from the investment of the foregoing. "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 and is not included in computing the alternative minimum taxable income of individuals under the Code or the Internal Revenue Code of 1954 , as amended to the date of issuance of such obligations, -26- (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 on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor . "Issue Price" of the Certificates of each Stated Maturity means the aggregate initial offering price of all the Certificates of such Stated Maturity to the public (exclusive of underwriters, dealers, bondhouses, brokers, and similar persons or organizations acting in the capacity of underwriters or wholesalers) at which a substantial number of Certificates of such Stated Maturity are sold to the public, including accrued interest to the Issue Date, if any. "Nonpurpose Investment" means any Investment in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purpose of the Certificates . "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 (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 . -27- "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 Certificates means the discount factor which, when used in computing the present value on the Issue Date of all scheduled payments of principal of and interest on the Certificates, results in an amount equal to aggregate Issue Prices of the Certificates of each Stated Maturity, 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 Stated Maturity of Certificates, (1) exclusively own, operate, and possess the System and all properties constituting the System and its components, and all property the acquisition, construction, or improvement of which is to be financed directly or indirectly with Gross Proceeds of the Certificates and not use or permit the use of such Gross Proceeds or the properties constituting the System or any property acquired, constructed, or improved 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 Certificates or any property the acquisition, construction, or improvement of which is to be financed 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 . -28- (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 Certificates to make or finance loans to any person or entity other than a state or local government . For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if ( 1) property acquired, constructed, or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes, (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output, or similar contract or arrangement, or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (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 Stated Maturity of the Certificates, directly or indirectly invest Gross Proceeds of the Certificates 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 Certificates . (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 Certificates 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 Certificates 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 Certificates 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; -29- (2) at least 95% of the Gross Proceeds of the Certificates will be used for the local 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 in which the Certificates are issued is not reasonably expected to exceed $5, 000, 000. SECTION 24 : Sale of the Certificates . The sale of the Certificates to (herein referred to as the "Purchasers") at the price of par and accrued interest to the date of delivery is hereby approved and confirmed. Delivery of the Certificates to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 25 : 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 Certificates to be "qualified tax exempt obligations" in that the Certificates 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. SECTION 26 : Official Statement . The Official Statement prepared in the initial offering and sale of the Certificates 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 Official Statement 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 . The use of such Official Statement in the reoffering of the Certificates by the Purchasers is hereby approved and authorized. SECTION 27: Control and Custody of Certificates . The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas , including the printing and supply of definitive Certificates , and shall take and have charge and control of the Initial -30- Certificate pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and its delivery to the Purchasers. Furthermore, the Mayor, City Secretary, 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 issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General , registration by the Comptroller of Public Accounts and delivery of the Certificates to the purchasers thereof and, together with the City' s financial advisor, bond counsel and the Paying Agent/ Registrar, make the necessary arrangements for the delivery of the Initial Certificate(s) to the purchasers . SECTION 28 : Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates . Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 29 : Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates -31- previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 30 : Printed Opinion. The Purchasers ' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski , Attorneys, Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates . Printing of a true and correct reproduction of said opinion on the reverse side of each of the definitive Certificates is hereby approved and authorized. SECTION 31: CUSIP Numbers . CUSIP numbers may be printed or typed on the definitive Certificates . It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates . SECTION 32 : Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders . SECTION 33 : 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 34 : Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America . SECTION 35 : Effect of Headings . The Section headings herein are for convenience only and shall not affect the construction hereof . -32- SECTION 36: 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 37: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 38 : 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 39 : Effective Date. That this Ordinance shall take effect and be in force immediately from and after its passage, and it is so ordained. PASSED AND ADOPTED, this May 24, 1988. CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary (City Seal) 2040s -33- A RESOLUTION approving and authorizing the execution of a "Paying Agent/Registrar Agreement" in relation to the "City of Wylie, Texas, Tax and Waterworks and Sewer System Limited Pledge Revenue Certificates of Obligation, Series 1988" and resolving other matters incident and related thereto. WHEREAS, on this date the City Council of the City of Wylie, Texas authorized the issuance of "City of Wylie, Texas , Tax and Waterworks and Sewer System Limited Pledge Revenue Certificates of Obligation, Series 1988" , in the amount of $1, 275 , 000 (the "Securities") ; principal issued in fully registered form only; such securities to be and WHEREAS, in relation to the payment , registration, transfer and exchange of said Securities, Pyin Agent/Registrar selected therefor is MTrust Corp he National Association; and WHEREAS, a "Paying Agent/Registrar Agreement" by and between the City and said Bank has been prepared and submitted to the City Council for approval and execution, such Agreement , setting forth the duties and responsibilities of the Paying Agent/Registrar for such Securities, 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 Securities, 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 City Council . PASSED AND APPROVED, this May 24, 1988 . CITY OF WYLIE, TEXAS ATTEST: Mayor City Secretary (City Seal) 2 0 6 7 5 PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of May 24, 1988 (this "Agreement") , by and between the City of Wylie, Texas (the "Issuer") , and MTrust Corp, National Associtaion, 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 issuance of its "City of Wylie, Texas, Tax and Waterworks and Sewer System Limited Pledge Revenue Certificates of Obligation, Series 1988" (the "Securities") in the aggregate principal amount of $1,275, 000, such Securities to be issued in fully registered form only as to the payment of principal and interest thereon; and WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof on or about June 28, 1988; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows : ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01 . Appointment . The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities , and, as Paying Agent for the Securities , the Bank shall be responsible for paying on behalf of the Issuer the principal, premium ( if any) , and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Bond Resolution" (hereinafter defined) . The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities , the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Bond Resolution" . The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities . Section 1 . 02 . Compensation. As compensation for the Bank' s services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel) . ARTICLE TWO DEFINITIONS Section 2 . 01 . Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires : "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal offices of the Bank in Dallas , Texas as indicated on page 12 hereof . The Bank will notify the Issuer in writing of any change in location of the Bank Office. -2- "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register . "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, City Manager 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. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government . "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost , destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4 . 06 hereof and the Resolution) . "Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of the Bond Resolution. "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 -3- Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject . "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities . "Stated Maturity" means the date specified in the Bond Resolution the principal of a Security is scheduled to be due and payable. Section 2 . 02 . Other Definitions . The terms "Bank, " "Issuer, " and "Securities (Security) " have the meanings assigned to them in the recital paragraphs of this Agreement . The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement . ARTICLE THREE PAYING AGENT Section 3 . 01 . Duties of Paying Agent . As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the 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 Security when due, by computing the amount of interest to be paid each Holder and preparing and sending checks by United States Mail, first class postage prepaid, on each payment date, to the Holders of the Securities (or their Predecessor Securities) on the Record Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder ' s risk and expense. -4- 73 Section 3 . 02 . Payment Dates . The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR Section 4 . 01. Security Register - Transfers and Exchanges . The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register" ) for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may All transfers, exchanges and replacement of Securities rshallbbe noted in the Security Register . Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been an officer of a federal or state bank or a memberuofatheeNay tional Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing . The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Securities . To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. -5- Section 4 . 02 . Certificates . The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof . The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities . Section 4 . 03 . Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank' s general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4 . 04 . List of Security Holders . The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register . The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a 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. Section 4 . 05. Return of Cancelled Certificates . The Bank will , at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. -6- Section 4 . 06. Mutilated, Destro ed, Lost or Stolen Securi- ties . The Issuer hereby instructs the Bank, subject to the provisions of Section 20 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank, in its discretion, may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only upon the a prval of the Issuer and after ( i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the to the Bank of indemnification in an amount satisfacto y furnishing hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4 . 07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3 . 01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4 . 01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4 . 06 . ARTICLE FIVE THE BANK Section 5 . 01 . Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof . Section 5 . 02 . Reliance on Documents , Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. -7- (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 Securities , but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder . The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer . (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. ( f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5 . 03 . Recitals of Issuer . The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsiblity for their correctness . -8- 77 The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5 . 04 . May Hold Securities . The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent . Section 5 . 05 . Moneys Held by Bank. 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 the principal , premium (if any) , or interest on any Security and remaining unclaimed for four years after final maturity of the Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security 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 . 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 -9- 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 Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, 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 . 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 . -10- Section 6 . 06 . Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6 . 07 . Benefits of Agreement . Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right , remedy, or claim hereunder. Section 6 . 08 . Entire Agreement . This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6 . 09 . Counterparts . This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement . Section 6 . 10 . Termination. This Agreement will terminate ( i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be has been effectiveuntil (a) a successor Paying Agent/Registrar appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities . Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof) , together with other records relating to the Securities, pertinentcs books and to Agent/Registrar designated and appointedthe successor Paying by the Issuer . -11- The provisions of Section 1. 02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement . Section 6 . 11 . Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. MTRUST CORP, NATIONAL ASSOCIATION BY Title: [SEAL] Attest : Mailing Address : MTrust Corp, National Association Title: Debt Administration Division P. 0. Box 655415 Dallas, Texas 75265-5415 Delivery Address : MTrust Corp, National Association Debt Administration Division 1717 Main Street, 12th Floor Dallas, Texas 75201 CITY OF WYLIE, TEXAS BY Mayor (CITY SEAL) Address : P. O. Box 428 Attest : Wylie, Texas 75098 City Secretary 2 0 6 8 s -12- Staff Report to Mayor and City Council DATE: SUBJECT: SANITATION RATE INCREASE PROPOSAL NO: 5-19 88 FROM BFI Attached is the proposed ordinance that would change the sanitation rates charged by BFI for sanitation services in Wylie, Texas For residential customers the rate would climb from $7 .40 per month to $8.05. This includes the 7 .9% increase proposal by BFI under Section 13.02 (a) and (b) of the contract between the City and BFI . BFI has agreed to waive the difference between the 10.56% that they are entitled to under the contract indices to 7.9%. The waiving of 2 .66% will be for this year and future years. Subsequently, a base year for the rate modification clause in Section 13 .02 will need to be established. The rate year should be 1988 rather than 1987 and the indices should reference for the Dallas-Ft. Worth area specifically. For example, Consumer Price Index for Urban Wage Earners and Clerical Workers (all items) Dallas - Ft. Worth area and CPI for Urban Wage Earners and Clerical Workers - Expenditure Category - "Gasoline" - Dallas - Ft. Worth Area. BFI is agreeable to these amendments under Section 22 .00 of the contract and subsequently any rate request approval should be contingent upon this action within the next thirty (30) days. That is to say, approval with this amendment approved by Council within thirty (30) days of rate request approval . The residential rates are actually increasing .0878 (8. 78%) - 7 .9% FBI .88 nearly 9/10 of 1% increase to go to City in an effort to reduce the projected deficit from our operations this year (See Exhibit VIII ) . The wholesale rate (rate to BFI) will be 6 .91 per residential unit and the remaining $1 .14 going to the City. In Commercial Hand Collect, the rate increase of BFI increases 7 .9% is applied and the .88% city increase. OLD COMMERCIAL RATES MONTHLY BFI CITY NEW CHARGE INCREASE INCREASE RATE A. less than 5 bags per wk. 14 .00 1 . 11 .14 15.25 ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL James Johnson, Finance Director FOR ADD.INFO. CONTACT: OTHER: James Johnson, Finance Director DATE: SUBJECT: SANITATION RATE INCREASE NO• PACE 5-19-88 PROPOSAL FROM BFI `DF B. 5 - 8 bags per week 26.00 2 .05 .25 28.30 C. 9 - 12 bags per week 38.00 3 .00 .35 41 .35 OLD RESIDENTIAL RATES MONTHLY BFI CITY NEW CHARGE INCREASE INCREASE RATE Single Res . Unit 7.40 .51 .14 8.05 Duplex 7 .40 .51 .14 8 .05 Trailer Park 7 .40 .51 .14 8 .05 Multi Family 7 .40 .51 .14 8 .05 Res. Unit (out- side City) 9 .50 .75 .10 10 .35 For Commercial Dumpster the new rates reflect only 7 .9% increase as BFI bills and collects for these and pays a franchise fee of 15% to the city on gross receipts for these type units (Section 17 .00 of contract) . Given the proposal of 7.9% by BFI and Section 13.02 (a) and (b) of contract, staff' s recommendation is for approval . HF l Waste Systems- McKinney Distract May 6, 1988 City of Wylie James Johnson Finance Director 2001 Hwy. 78 N. Wylie, Tx. 75098 Dear Mr. Johnson, In reviewing our rate increase request for your city of 10.56% of which we are only asking for a portion of 7.9%, we will indeed upon acceptance of increase, waive the rights to claim the difference of the 2.66%, once waived cannot be used in the future. I hope this will answer your letter of 5/3/88. Thanks very much for your help in this matter. Anything I can do for your office please call. Respect ully, Larry Appel Marketing Coordinator P.O.BOX 14•ALLEN,TEXAS 75002•(214)548-1545•METRO 248-1800 • r , CONTRACT THIS CONTRACT, made and entered into this " day of ,ali• f , 1987, by and between the City of Wylie, Texas, a Municipal Corpo o Collin County, Texas. (hereinafter called the "City") and Moore Industrial Disposal, Incorporated, a wholely owned subsidiary of Browning-Ferris, Inc., (said corporations hereinafter called , "Contractor"). WI TNESSETH: WHEREAS, the parties hereto desire for Contractor to provide Refuse collection within the City and to perform such work as may be incidental thereto in accordance with the terms of this Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.00 GRANT The Contractor is hereby granted a franchise, license and privilege within the territorial jurisdiction of the City and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to provide Refuse collection, removal and disposal services as specified and to perform all of the work called for and described in the Contract. 2.00 DEFINITIONS 2.01 Bags - Plastic sacks designed to store Refuse with sufficient wall strenth to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 35 lbs. 2.02 Bin - Metal receptacle designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 2.03 Bulky Waste - Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than Construction Debris, Dead Animals, Hazardous Waste or Stable Matter with weights or volumes greater than those allowed for Bins or Containers, as the case may be. 2.04 Bundle - Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding three feet in length or 35 lbs. in weight. 2.05 City - City of Wylie, Texas. 2.06 Commercial and Industrial Refuse - All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07 Commercial and Industrial Unit - All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of the City not a Residential Unit. 2.08 Construction Debris - Waste building materials resitting from construction, remodeling, repair or demolition operations. 2.09 Container - A receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a Container and its contents shall not exceed 60 lbs. 2.10 Contractor - Moore Industrial Disposal Incorporated. 2.11 Dead Animals - Animals or portions thereof equal to or greater than 10 lbs. in weight that have expired from any cause, except those slaughtered or killed for human use. 2.12 Disposal Site - A Refuse depository, physically located in the City or in close proximity thereto, including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive for processing or final disposal of Refuse and Dead Animals. 2.13 Garbage.- Any and all dead animals of less than 10 lbs. in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 2.14 Hazardous Waste - Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, paint and paint eA ns. 2.15 Producer - An occupant of a Commercial and Industrial Unit or a Residential Unit who generates Refuse. 2.16 Refuse - This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. 2.17 Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential Unit. -2- 2.18 Residential Unit - A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. 2.19 Rubbish - All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweeping, glass, mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.20 Stable Matter - All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. 3.00 SCOPE OF WORK The work under this Contract shall consist of the items contained in the performance standards, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract. A copy of said performance standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 4.00 COLLECTION OPERATION 4.01 Service Provided (a) Contractor shall provide curbside collection service for the collection of Residential Refuse to each Residential Unit 2 times per week. Containers, Bags and Bundles shall be placed at curbside by 7:00 a.m. on the designated collection day. (b) Contractor shall provide Bin Collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. (c) The Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter. Also, the Contractor may from time to time provide for the special collection of Dead Animals at Commercial and Industrial Units and Residential Units at its sole discretion and upon such terms and conditions as Contractor shall specify. (d) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which the Contract has no -3- control. In the event of such a flood, tornado, or other Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor, if the Contractor and the City agree that such increased volume is to be handled by the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the City Manager. 4.02 Location of Bins, Containers, Bags and Bundles foe Collection (a) Each Container, Bag and Bundle shall be placed at curbside for collection. Curbside refers to that portion of right-of-way adjacent to paved or traveled City Roadways (including alleys). Containers, Bags and Bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers, Bags and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Container, Bag and Bundle not so placed or any Residential Refuse not in a Bag. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a hard surface according to individual agreement. Contractor may decline to collect Refuse in Bins not so placed. 5.00 COLLECTION OPERATION 5.01 Hours of Operation (a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after 6:00 p.m. on the same day. Exceptions to collection hours shall be effected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. 5.02 Routes of Collection (a) Residential Unit collection routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. City shall publish at its expense at least once during each calendar year a map of such Residential Unit collection routes in the newspapers published in the immediate area. The published map shall be of such size to clearly show all pertinent information. The Contractor may from time to time propose to City for approval changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City's approval of the proposed changes, City shall promptly give written or published notice to the affected Residential Units. -4- (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. (c) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03 Holidays - The following shall be holidays for purposes of this Contract: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection service on the holiday, but such decision in no manner relieves Contractor of his obligation to provide collection service at Residential Units at least once per week. 5.04 Complaints - All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the Refuse not collected within 48 hours after the complaint is received. 5.05 Collection Equipment - The Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles, Bins and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor. 5.06 Office - The Contractor shall maintain an office or such other facilities within close proximity to the City through which he can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 4:30 p.m. on regular collection days. 5.07 Hauling - All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing are prevented. 5.08 Disposal - All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. Contractor shall be responsible for furnishing or providing for an adequate disposal site sufficient to receive all Refuse or other waste generated by the City and required to be collected and disposed of by this Contract and all Refuse required to be collected under this Contract shall be disposed of by Contractor at such disposal site. The charge for disposal shall be included in the rates set forth in the Proposal for each Commercial and Industrial Unit and Residential Unit serviced by the Contractor. 5.09 Notification - The City shall notify all Producers at Residential Units about complaint procedures, rates, regulations, and day(s) for scheduled Refuse collection. -5- 5.10 Point of Contract - All dealings, contacts, etc., between the Contractor and the City shall be directed by the Contractor to The City Manager and by the City to Contractor's District Manager. 6.00 COMPLIANCE WITH LAW The Contractor shall conduct operations under this Contract in compliance with all applicable laws; provided, however, the General Specifications of this Contract shall govern the obligations of the Contractor where there exists conflicting regulations of the City on the subject. 7.00 EFFECTIVE DATE This Contract shall be effective upon the execution of the Contract and performance of such Contract shall begin on �Gi� / 8.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin. 9.00 INDEMNITY The Contractor will indemnify and save harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees or arising out of a claim that the City was not authorized to award this Contract or such was in conflict with the terms of a prior Contract executed by the City. 10.00 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City and by the State. 11.00 TERM The Contract shall be for a five (5) year period beginning upon the execution of the Contract and ending five (5) years thereafter. The initial five (5) year term of this Contract shall automatically be extended for successive additional five (5) year terms, unless either party notifies the other party in writing, not less than sixty (60) days prior to the expiration of the initial five (5) year term or of any successive five (5) year term, of its intentions to terminate this Contract. Any such written notice shall be served by certified or registered mail, return receipt requested. -6- V 12.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's liability, Workmen's Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9.00. All insurance shall be by insurers and for policy limits acceptable to the City and before commencement of work hereunder the Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Coverages Workmen's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Liability Excess Umbrella Liability $5,000,000 each occurrence As an alternative to the above, Contractor may insure the above public liability and property coverages under a plan of self-insurance. The coverages may be provided by the Contractor's parent corporation. Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self-insurance. 13.00 BASIS AND METHOD OF PAYMENT 13.01 Collection and Disposal Rates (a) The rate for collection services required to be performed pursuant to Section 4.01 (a) shall be the rate set forth in Exhibit "A", attached hereto and made a part hereof, subject to adjustment in accordance with Section 13.02. (b) For collection services required to be performed pursuant to Section 4.01 (b), the charges shall not exceed the rates set forth in Exhibit -7- 9/ "A", attached hereto and made a part hereof, subject to adjimtment in accordance with Section 13.02. (c) For special collection provided by the Contractor pursuant to Section 4.01 (c), the charges are to be negotiated between the Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. (d) The Refuse collection charges provided by Sections 13.01 (a)-(b) shall include all disposal costs. (e) Contractor may, at its option, elect to acquire Bags from a supplier of its choice and attempt to market such Bags to Residential Units; however, this option in no way interferes with the right of each owner or occupant of a Residential Unit to obtain Bags from another source. 13.02 Modification to Rates (a) The fees which may be charged by the Contractor for the second and subsequent years of the term hereof shall be adjusted upward or downward to reflect changes in the cost of operations, as reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) and the Consumer Price Index for Urban Wage Earners and Clerical Workers, Expenditures Category "Gasoline," both as published by the U.S. Department of Labor, Bureau of Labor Statistics. As of the last month of the first year of the Contract and every twelve (12) months thereafter (the "Rate Modification Date") the fees shall be increased or decreased for the ensuing twelve (12) month period in a percentage amount equal to the net percentage change of the All Items Index pits the net percentage change of the Gasoline Index. All percentage changes are to be computed as the difference between the Index value for the first full month prior to the commencement of the Contract and the index value for the Rate Modification Date divided by the index value for the first full month prior to the commencement of the Contract. (b) As soon as possible after a Rate Modification Date, Contractor shall send to City a comparative statement setting out for both the All Items Index and the Gasoline Index. (i) the index value on the first full month prior to the commencement of the Contract; (ii) the index value on the Rate Modification Date preceding the date of the statement; (iii) the net percentage change; (iv) the composite percentage change equal to the net percentage change in the All Items Index plus the net percentage change in the Gasoline Index; and -8- (v) the increase or decrease in the fees which may be charged by the Contractor. On the next billing date after the receipt of the comparative statement, the City shall pay to the Contractor or the Contractor shall credit to the City, as the case may be, a lump sum equal to any increase or decrease applicable to that portion of the current period which has elapsed and, thereafter, the fees charged by the Contractor shall be modified to reflect any change until a different comparative statement is received by the City. (c) Notwithstanding the above, if the increase in fees for any twelve (12) month period exceeds eight percent (8%), then the City may within ninety (90) days after Contractor's Provision of the aforesaid comparative statement showing such increase terminate this Contract; provided, however, the City may so terminate this Contract effective only upon not less than forty-five (45) days prior written notice to Contractor and the provisions sections of 13.02 (a) and (b) shall apply until the effective date of termination. (d) In addition to the above, the fees which may be charged by the Contractor hereunder shall be increased to cover increases in disposal costs at the Disposal Site. Provided, however, the City shall have the right to terminate this Contract if, after hearing, the City Council determines that disposal site fees have become excessive. (e) In addition to the above, the Contractor may petition the City at any time for additional rate and price adjustments at reasonable times on the basis of unusual changes in its cost of operations, such as revised laws, ordinances or regulations, changes in location of disposal sites, an increase in the number of Residentail Units and for other reasons. 13.03 Contractor to Act as Collector - The Contractor shall submit statements to and collect from all Bin Type Commercial and Industrial Units and Residential Units for services provided pursuant to Sections 4.01 (b)-(c). 13.04 Delinquent and Closed Accounts (a) The Contractor shall discontinue Refuse collection service at any Residential or Hand Commercial Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. The City shall indemnify and hold the Contractor harmless from any claims, suits, damages, liabilities or expenses (including but not limited to expenses of investigation and attorney's fees) resulting from the Contractor's discontinuing service at any location at the direction of the City. (b) The Contractor shall have the right to discontinue Refuse collection service at any Commercial and Industrial Unit delinquent in its payments. -9- 13.05 Contractor Billings to City - The Contractor shall bill the City for service rendered to Residential and Hand Commercial Units within ten (10) days following the end of the month and the City shall pay the Contractor on or before the 15th day following the end of such month. Such billing and payment shall be based on the price rates and schedules set forth in the Contract Documents. The Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not the City collects from the customer for such service. 14.00 TRANSFERABILITY OF CONTRACT Other than by operation of law, no assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld; in the event of any assignment, the assignee shall assume the liability of the Contractor. 15.00 CONTRACT The Contractor, having been granted a franchise, license and privilege to provide Refuse collection, removal and disposal services within the corporate limits of the City, shall at all times have the right of first :refusal for the collection of Dead Animals from Residential Units and from Commercial and Industrial Units. 16.00 OWNERSHIP Title to Refuse and Dead Animals shall pass to the Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the customer's premises, whichever last occurs. 17.00 FRANCHISE FEE The Contractor shall pay to the City fifteen percent (15%) of all amounts received by the Contractor for Bin Type Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 25th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. 18.00 BOOKS AND RECORDS The City and the Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 13.02 (d) and (e). -10- 19.00 TERMINATION FOR CAUSE If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. The aforesaid hearing shall not be held until notice of same has been given to the Contractor by registered or certified mail addressed to the Contractor at the address set forth herein, and a period of at least ten (10) days has elapsed since the receipt of such notice by Contractor. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. The hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given full oportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate Refuse collection service for the City, the City Council may by two-thirds vote terminate this Contract. 20.00 NOTICES Any notice required or permitted to. be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: if to the City, at: P.O. Box 428 Wiley, Texas 75098 Attn: City Secretary if to the Contractor, at: P.O. Drawer M East Cleveland Road Hutchins, Texas 75141 Attn: District Manager or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 21.00 APPROVAL This Contract shall not be considered fully executed nor binding on the City or the Contractor until the same shall have been executed by the Contractor, the Mayor and the City Secretary of the City. 22.00 AMENDMENT All provisions of this Contract shall be strictly complied with and conformed to by the Contractor, and no amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. -11- 23.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, the Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, Act of God or other similar or different contingency beyond the reasonable control of the Contractor. 24.00 SEVERABILITY In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 25.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. IN WITNESS WHEREOF, We, the contracting parties, by our duly authorized agent, hereto affix our signatures and seals at - as of this c7)V day of `7- ae(.2 , j 1987. OF iv). CITY OF WYLIE, TEXAS V• /,‘ A Municipal Cor ation of SEAL _ Collin C :=-x SEAL of .- ity of Wylie, Te �j'CIE. jEy.P`#4* Mayor 1111111111111110 � and ty ary MOORE INDUSTRIAL DISPOSAL, ATTEST: INCORPORATED and BROWNING-FERRIS, INC. By -12- 40 we CITY OF WYIrIE 2001 HWY 78 N-P.O.BOX 428 WYUE,TEXAS 75098 To: John Pitstick, City Manager From: James Johnson, Finance Director95? Re: Proposed Rate Request-BFI Waste Systems Date: May 5, 1988 Under the terms and conditions of the 1987 contract that the City has with BFI Waste Systems, they (BFI) has now requested a change in sanitation (garbage) rates for all classes of customers in Wylie. Their request for a change in rates is based on the contract that references Federal cost/labor indices (a standard practice) and a landfill cost factor that either increases or decreases. For the preceding year, test year, ending March 31, 1988, these indices all increased-thus the BFI request. The attached list includes a series of correspondence with BFI Waste Systems about this request. Exhibit I - City letter to BFI Waste Systems requesting 7.9% rate increase though contract indices call for a 10.56%-City requests that BFI permanently waive the 2.66% difference in rate request. ( Exhibit I is a reponse to Exhibit III -rate request) . Exhibit II- Letter to Rob Dillard, City Attorney, from city staff about latest rate request and the 7.9% requested versus the 10.56% that the contract indices state is required. (This is also a reponse to Exhibit III) . Exhibit III - BFI Waste Syatems formal rate request of May 2, 1988, rate request is less than authorized contract amount by referenced indices; request is for 7.9%-10.56% authorized. Exhibit IV- April 21, 1988 rate request from BFI Waste Systems requesting 5.8% rate increase-due to incorrect indices being cited. (See Exhibit V) . Exhibit V - Original city staff response to April 21, 1988 BFI rate request(Exhibit IV) . Letter explains the proper CPI indices that are part of the contract that BFI did not cite correctly. The calculation in the letter omits the landfill usage percentage increase of approximately 1.9% which is applied in Exhibit I. 4011 we CITY OF WYLIE 2001 HWY 78 N—P.O.BOX 428 WYLIE,TEXAS 75098 Page 2-May 5, 1988 letter Exhibit VI - Combined Satement of Revenues, Expenditures and Changes In Fund Equity-Sanitation Enterprise Fund -(Ending September 30, 1988) From the City of Wylie Comprehensive Financial Report. Note net income loss for city's share of operations (Sanitation Enterprise Fund) was (6,923> for last fiscal year. Exhibit VII - Projected Revenues and Expenditure Statement for Sanitation Fund for period ending September 30, 1988. Net Shortage <15,426> Part of this shortfall can be traced that when the City contracted with BFI, we lowered our operational margin overhead (revenue share city receives) from $1.14 per residential unit to-$1.00 each month. Likewise reductions were included in the commerical hand-collect accounts. We also correctly moved the franchise fees collected from the contractor to the General Fund (fees paid for use of streets and alleys, also called a gross receipts tax/fee) . This revenue is projected to be in the $21,000 range for this fiscal year. Previously, this revenue went back into the Sanitation Operating (Enterprise) Fund and an overhead allocation was made (See Exhibit VII) . The last time the Sanitation Enterprise Fund was in a positive position of net income was at the period ending 9/30/86 and that amount was only $966.00. That was in light of an audit of Moore Industrial Disposal's records (the contractor then) which revealed that they had lost approximately $50,000 the preceding test year. With the existing rates, the city charges $1.00 per residential customer for overhead operations, i.e. wholesale rate(rate BFI charges city per residential customer is $6.40 per month, our charge is $7.40. This was supposed to cover our costs of handling the billing for them on residential & commerical (hand collect) customers and a few of the shared dumpsters. BFI bills and collects for the majority of the dumpsters. This overhead covers personnel, mailing, supplies and billing expenses. One employee is funded here by this process. Given the existing overhead, the $1.00 pass-thru is not adequate. Exhibit VIII- Current sanitation rate ordinance. __ r 1 , 4 yfi3a V - • ! y �as % Aii K }p E w . CITY OF- ?!7YLIat . 2001 HWY 78 N—P.O.BOX 428 r- .. .WYUE,TEXAS 75098 s _ ... t., , • May 3, 1988 Larry Appel Marketing Coordinator -BFI 1 P.O. Box 14 Allen, Texas 75002 Re: Proposed Rate Increase-All Classes of Customers By Letter of May 2, 1988 Dear Mr. Appel: In reviewing the data that you submitted and consulting with our city attorney, I am in need of additional information. That is, since BFI is submitting a request for a rate increase . for all classes of customers for the City of Wylie of 7.9% but the indices referenced in the contract between the City and BFI call for a large increase, there is a potential problem. That problem is that the two CPI indices in the contract call for an 8.66% increase and you landfill costs indicate a 1.9%, thereby, totaling 10.56%. The City requests that BFI by written letter hereby waive the difference between the 7.9% '' and 10.56% or 2.66 % for this rate request and any subsequent rate requests, that is , once waived the 2.66 % cannot be used in the future. Additionally, I would request that a more detailed explanation be given of the landfill increase , specifically how you were able j to arrive at the 1.9% that you seek to pass on to Wylie customers. I have enclosed a copy of exhibit 1 which speaks to it in your original request of April 21, 1988. - 1 I suspect that this item (rate request) will be on the Council's agenda at its regular meeting of May 10th, however, it will probably be for discussion only. Please call if you have any questions. sp Jame ohnson Fin ce Director EXHIBIT 1 -- Town of Wylie contract was granted on 4/1/87. Calculation CPI-U Increase: , A. The Base Year CPI-U (Dallas) was 109.9 1986 CPI-U ' allas) 109.9 1987 CPI-U (Dallas) 112.9 (2.7% Increase). HENCE: 2.7 x 6.40 =17 cents 2.7 x 7.40 =20 cents B. Landfill Increase 1987 Farmers Branch Landfill Rate $1.25 1988 Farmers Branch Landfill Rate $1.40 (16% Increase) effective 1/1/88. BFI Disposal Cost = 11.8% of Revenue Disposal Increase = 16% x 11.8% = 1.9% Revenue Increase HENCE: 1.9 x 6.40 = 12 cents 1.9 x 7.40 = 14 cents C. Fuel Index Change 3/1/87 to 3/1/88 - 102.7 An increase of 1.2% HENCE: 1.2 x 6.40 = 8 cents 1.2 x 7.40 = 9 cents CALCULATION SUMMATION D. Monthly Residential Charge Current rate in town $ 6.40 $ .17 CPI-U Increase $ .12 Disposal Increase $ .08 Fuel Index Required Residential Rate $ 6.77 Current Out of City Limits $ 7.40 $ .20 CPI-U Increase TM, $ .14 Disposal Increase- .$ .09 Fuel Index 5`` Required Residential Rate $ 7.83 • • rlsammi __ V D • CITY OF' WYLIE 2001 HWY 78 N-P.O.BOX 428 WYLIE,TEXAS 75098 May 3, 1988 Robert L. Dillard III Sallinger, Nichols, Jackson , Kirk & Dillard 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 Re: City of Wylie-BFI Contract Proposed Rate Increase-All Classes of Customers Dear Rob: In follow-up to our phone conversation this morning, I am enclosing a proposed rate request from BFI regarding solid waste customers for the City of Wylie. The problem, as we discussed, is that BFI is requesting less than the indices referenced in the conract. The total indices that are referenced in the contract (including the landfill) indicate an approximate increase of 10.56% (CPI-W 2.89%, CPI-Gasoline 5.77% and Landfill-1.9%) . However, as we discussed, BFI is only requesting 7.9% increase overall on all classes. Ostensibly, this 7.9% figure was used to avoid any Council consideration of Section 13.02 (C) of the contract, which allows the Council to consider termination of the agreement if the increase exceeds 8% in fees for any twelve month period. I am requesting by letter that BFI permanently waive the difference between the requested 7.9% figure and the 10.56% that the indices of the contract dictate. I suspect that this item will be on the Council's agenda for discussion at the May 10th meeting and as popular as rate increases are, there may be questions about BFI's methodology and choices the Council may consider. Thanks for your assistance. Respectively, A James Johnson Finance Director cc : City Manager /0 / iv.. .Waste r g -A.,:4;/= Systems- 4 EIROWNING-FERRIS INDUSTRIES McKinney District May 2, 1988 City of Wylie Wylie, Texas BFI McKinney District is presently operating your city's solid waste service under the authority which was granted on 4/1/87. Paragraph A of this contract, section 13.02, specifies a rate adjustment to be proportional to the change in: 1. Consumer Price Index for the Dallas Area (CPI-N). 2. Cover Increase in Disposal Cost at the Disposal Site. 3. Rate Modification fof gasoline Index. The CPI-W (Dallas) 1987 was 110.6 and the current CPI-W(Dallas) is 113.8. This increase. - .02893. Disposal cost at Farmers Branch Landfill has increased 16%, which equates to a solid waste removal rate increase of 1.9%. Net percentage change in Gasoline Index which equals from 2/7 ' tc 2/1/88 % change .05769, 2/1/87 was 78.0, 2/1/88 is 82.5. The total ir_pa.ct on he charge for solid waste servic i.n ti:e t,;•.;:. 'viie is, therefore 10.56Z. At this date we are asking for an overall increase of on.:- _ _ _. Fsving the city 2.6690. I have incorporated this 7.9 increase _n new at_ac .-.•n_ _ ' rate schedule and the calculation utilized .develop the new ' rate sheet is enclosed. I request the new rate schedule to become effective on 5/1/88. I; Very truly ours, %' Larry Appel Marketing Coordinator P.O.BOX 14•ALLEN,TEXAS 75002•(214)548-1545•METRO 248-1800 D City of Wylie 5/2/88 Exhibit 1 A `i�% Town of Wylie contract was granted on 4/1087. Calculation CPI-U Increaser. A. The Base Thar CPI-'(Dallas) was 110.6 1987 CPI-W (Dallas) 110.6 1988 CPI-W (Dallas) 113.8 (2.89% Increase). HENCE: 2.89 x 6.40 = 18 cents B. Landfill Increase 1987 Farmers Branch Landfill'Rate $ 1.25 1988 Farmers Branch Landfill Rate $ 1.40 (16% Increase) effective 1/1/88. BFI Disposal Cost - 11.8% of Revenue Disposal Increase - 16% x 11.8% = 1.9% Revenue Increase • HENCE: 1. 9 x 6.40 - 12 cents C. Fuel Index Change 2/1/S7 . 8.0 t: IS ^!. C''I) ^at e FENCE: . 76 x + - 37 cents ..'ii. 7L.1FT3N S1. ..V .J.. Y..onthlv Re-----...__ __ Current rate in :own - . 4 . 13 CPI-Wincrease $ . 12 Disposal Increase c .37 Fuel Index Required Residential Rate $ 7.07 /O3 • City of Wylie 5/2/88 ATTACHMENT A. CITY OF WYLIE, TEXAS Service Monthly Charge Old New Residential - single family $ 6.40 $ 7.07 Duplex Unit - per unit $ 6.40 $ 7.07 Trailer Park - per unit $ 6.40 $ 7.07 Commercial Hand Collection 1. Less than 5, 30 gal. ,bags per week $ 12.00 $ 12.95 2. 5 to 8, 30 gal. bags (1 yd.) per week $ 22.00 $ 23.74 3. 9 to 12, 30 gal. bags (1 1/2 yd.) per wk $ 32.00 $ 34.53 2 cu, yd. 1 x week $ •56.00 $ 60.42 2 x week $ 91.00 $ 98.19 3 x week $126.00 $135. 95 3 cu. yd. 1 x week $ 62.00 66. 90 2 x week $100.00 9'• 3 x week $137.00 4 cu. yd. 1 x week $ 76.00 ' . 2 x week 3 x week $156.•^_0 5 cu. yd. 1 .. week ° ?6. 0 2 x Lek I 3. 3 week 203. .$) - 8 cu. yd. 1 x week 3107..3 =- • 2 x week $187.00 3 x week $220.00 10 cu. yd. 1 x week $125.00 i34.;S 2 x week $212.00 3 x week S298.00 APPROVED BY DATE EFFECTIVE. DATE. . . . /01 4.0044-eae‘ City of Wylie 5/2/88 Extra Pickups -- Old New 2 cu. yd. , ,3 cu. yd. , 4 cu. yd. $ 26.00 $ 28.05 6 cu. yd., 8. cu. yd. , 10 cu. yd. $ 30.00 $ 32.37 Special Charges - - Compactor Containers (42 cu. yd.) $228.00 $246.01 Roll-Off Containers (30 cu. yd.) $204.00 per P/U $220.12 Per PA Per Day Rent $ 7.20 Delivery & Exchange of Roll-Off $ 72.00 Delivery & Exchange of Front Load $ 54.00 Containers Return Check $ 15.00 Past Due Service Charge (over 25 days) 1 1/2% Per Month [..:y`1f -a..•_ ;i.y..� x^ ;l.i:. rj - a•q.. . ... .. . •�%f"'1 .. :jY'—: i. , _�t.....•. .`.lt ._ [`• �_ /05 t i 'IF, ystems- 3 �. BROWNING-FEARS INDUSTRIES -4-• April 21, 1988 fs .1las) vas " 9 - City of Wylie \ Y, •. Wylie, Texas . • BFI McKinney District is presently operating your city's solid waste service under the authority which was granted on 4/1/87. Paragraph A of this contract, section 13.02, specifies a rate adjustment to be proportional to the change in: 1. Consumer Price Index for the 'Dallas Area (CPI-U). 2. Cover Increase in Disposal Cost at the Disposal Site. 3. Rate Modification for gasoline Index. The CPI-U (Dallas) 1986 was 109.9 and the current CPI-U (Dallas) is 112.9. This increase - 2.7%. - _Disposal cost at Farmers Branch Landfill has increased 16%, *--hich equates to a solid waste removal rate increase of 1.9%. • Net percentage change in Gasoline Index which equals fro 3/1/8 4/1/88 102.7, an increase of 1.2%. — The total impact on the charge for Fc.lid waste_sei-vice in tilt Wylie is, therefore 5.8%. I have incorporated this 5.8% rate increase in the new "Attachment A' race schedule and the calculation utilized to develop the new "Attac.hruen:. rate sheet is enclosed. e I request the new rate schedule to become effective on 5/1188. Very tru y yours, Larr ppe Marketing Coordinator D 6 EXHIBIT 1 - Town of Wylie contract was granted on 4/1/87. Calculation CPI-U Increase: , A. The Base Il r CPI-U (Dallas) was 109.9 1986 CPI-UNallas) 109.9 1987 CPI-U (Dallas) 112.9 (2.7% Increase). HENCE: 2.7 x 6.40 =17 cents • 2.7 x 7.40 =20 cents B. landfill Increase 1987 Farmers Branch Landfill Rate $1.25 1988 Farmers Branch Landfill Rate $1.40 (16% Increase) effective 1/1/88. BFI Disposal Cost = 11.8% of Revenue Disposal. Increase = 16% x 11.8% = 1.9% Revenue Increase HENCE: 1.9 x 6.40 = 12 cents 1.9 x 7.40 = 14 cents C. Fuel Index Change 3/1/87 to 3/1/88 - 102.7 An increase of 1.2% HENCE: 1.2 x 6.40 = 8 cents 1.2 x 7.40 = 9 cents CALCULATION SUMMATION D. Monthly Residential Charge Current rate in town $ 6.40 $ .17 CPI-U Increase - $ .12 Disposal Increase $ .08 Fuel Index Required Residential Rate - $ 6.77 Current Out of City Limits $ 7.40 $ .20 CPI•1U Increase $ .14 Disposal Increase k X 4 $ .09 Fuel Index ;- 1 t.-; Required Residential Rate •$ 7.83 • _/0 7 ATTACHMENT A CITY OF WYLIE, TEXAS Service ! Monthly Charges Residential - single family $ 6.77 Duplex Unit - per unit $ 6.77 Trailer Park - per unit ` $ 6.77 Residential - per unit (outside city limits) $ 7.83 Commercial • Hand Collection: 1. Less than 5, 30 ga. bags per week $ 12.70 2. 5 to 8, 30 gal. ,bags (1 yd.) per week) $ 23.28 3. 9 to 12, 30 gal. bags (1 1/2 yd.) per week $ 36.08 2 cu. yd. - 1 x week $ 59.25 2 x week $ 96.10 3 x week $133.06 3 cu. yd. 1 x week $ 65.47 2 x week $105.80 3 x week $04.67 4 cu. yd. 1 x week $ 80.26 2 x week $118.27 3 x week $164.74 6 cu. yd. 1 x week $ 90.82 2 x week $151.00 3 x week $214.37 8 cu. yd. 1 x week $112.99 2 x week _ $197.47 3 x week $232.32 10 cu. yd. 1 x week $132.00 2 x week , $223.87 3 x week $314.69 >F;f cr,,,,er44.4-7/ Extra Pickups -- 2 cu. yd. , 3 cu. yd., 4 cu. yd. $ 27.46 6 cu. yd. , 8 cu:\yd. 10 cu. yd. $ 31.68 Special Charges -- Compactor Containers (42 cu. yd.) $ 240.77 Roll-Off Containers (30 cu. yd.) $ 215.42 Per Pick Up Per Day Rent $ 7.20 Delivery fi Exchange of Roll-Off $ 72.00 Delivery fi Exchange of Front Load Containers $ 54.00 Return Check $ 15.00 Past Due Service Charge (over 25 days) 1 1/2% Per Month • • /° ? ~ tik a b� ` ?t' ra.�• ; , �"# ' is , Z_ . . -+^ ►- > A,' :z,.t•, -. - - r. .id „6,, t*._ "yti:a; nit C,+. /� n IVIE iv {/lam � . * t , . DEC 7 19g7 Kn. xt i <.yb # ix3 1r_ i � " �rf rt tipR, r . , t� t ai,*MUT . -. FaRanci4: . %. , ...:„.., . ., 'V"'a PIAC!" • December 3, 1987 „ Harold Smith , Browning Ferris Industries McKinney Division P.O. Box 14 Allen, Texas 75002 Dear Mr. Smith, i _.--Pleaselbe advised that effective January 1, 1988 ,F�the�User Fee at the - I - City' s Camelot Sanitary Landfill will increase to $1.60 per cubic yard. .- -_ -- The_-additional-charge _for tire-disposal will remain at 83.00 per tire. _ _ __i The new_-rate-constitutes an--approximate increase of- 21% above your previous five year contract rate. Than-k you for your . patronage_ of our- facility. I€ there' are- any _ guest_ior s_.concerning_this_inatte.r,_-_:please do not -hesitate to =contact -s. -i -__-Si- ! I Sincerely, 4- C:".":: CF FARMERS BRANCH ,}� C. I..' Jordan Sanitation Superintendent" cc: Ear? Deland, Jr. Debbie Champion - file . 11 " E i " f f r F.. i I L DEC l . Ft'3RmERs•: ERaric • : . A 'd -BEST"V'�"; December 3, 1987 • Harold Smith Browning Ferris Industries McKinney Division P.O. Box 14 Allen, Texas 75002 , .Dear Mr. Smith, • -.-Please: be advised that effective January 1, 1988 , the User Fee at the _ - C .ty's Camelot Sanitary Landfill will increase to S1.60 per cubic yard. . -- The:-additional- chargeFor tire- disposal will remain at S3.00 per tire. - -- ---The -new__ rate -constitutes an-approximate increase of 21% above your -. - previous five year contract rate. • - Thank you - for your patronage of our facility. If there' are:.any. questions_-codger-ning this-matter,. please--do not hesitate to-Contact 46..__. Sincerely, CI�'Y CF FARMERS BRANtC:i :.. .1. ,,- i --...ir , - C.. Lam' Jordan -Sanitation Superintendent cc: Ear? Deland,. Jr. h Debbie Champion • file � �,+ 1. %,".. y`. �s '' �f `tr -r ip�T4., ,tx " 3 :..�t,�.4p Lt' r =.. " ' h - ` Syr t t op F7f7Tesas nnan 34 nQAOX 879010 F7RF 3 f3ps ,T8XaS 7s3a1-9010 4I d7-=1131 fail j A p =i 'A'. attached } o't ;, Is a beets and made • part herawl,i • with • !4 lr '$ � II 't Section l2.ta2. act to sgsht�t rliani T �, (el fart/as0esttoa es • r: .I,,I 4.11 (H, the eve the Contractor t . ra c�r�l Ih aM te.Lt er Ohm ve .to tc be ' °bated between the t nootroeter r of a 4� ,,t it. ',, .{ the matter way Ot ittse U agreement cannot be j I,io, ,: re+aoneete let. the City for determinattait h4 I' d ?' ' �) The Refine • "s t k [, ! ,' shell include all disposal al cos harges provided by Settioer 1Jt11 (a)ib) E� .. f'j ! ! (e) Contractor may. at its {'',:;a '' I z ,\\, o/ its choice Aiaand ap attempt option. to market such no way 8eR to 'gelid."'" from a supplier I, however. t a • a Ilia I " �� owner a occupant of a Residential Unit to obtain ��ri W Utits; �n =p tr, I soiree. �t K aeh � � t, , s p from anetAar r t', {, I31.02 Modification to Rates 4 .; p, '1I �) The fees which may be charged 'rli,l Ayli ! and subsequent years of the by the Confrettor for the • or downward of reflect cha term hiveof shall b* adjusted e �! , or fluctuations in the l- nS�in the ewe of oPerat' leet.d h Aj u,i rl abyes a tuat M 'sewer Price Ind.: for rpa's renect" � 1 Ili a�{'y 1 Urban Wage ortey (Alf Items)and the Cars tk0aer • N►asI Earners « "Gasoline.' as and Clerical Workers. Price Cate for - ,,,I • Stream of published by the U.S, Department De s f eteSgy iwbar Statistics. As of the last mo of t year i ' a it of the Contract and every twelve(12) months the he lira:year W,I Modification Uate") the fees thereafter(the Rate - t �ji I m+aL Ae in� � f ",': the net twelve (12) month period in at creased ee decrees"for the r _ r ,a 1 ' Dercrntage change of the Qe t entagt amount aquae to,i Ih t t� Percentage cringe of the Gasoline des.)tame lodes ptu the net �• i t the tint tuft are to be uteri as the difference between ll theper mage changes �• f r •w , vthe index val+reofor the RatefM eowwencematt� Index ontr•ct a w 3 5� ! 3 Contract. the tint full month prior to the b the indK odification Oat• divi commencement of ter r rilii, Si (�) As soon p _a..I s. City, a n f¢ Ip, ' strkl l+Wcs.arrd comparative w�atewent settingOct*.te Modification Contractor shalt a ltemi f r r,r :i-=. C•soLne.-index. ` for both the Al , _! ,.: the -index va. rut on•- ' € z c mmencemmt9f the tint_ f �ropt[t !If •�r t . ,i; � } _ . _ trs�Contr _ "Drint�a et'r�1�. __ r ),I,.- � air the4ndex vahrt_-:t7 acts- i c �. T t = -1;-'-71-:-:- - rite€of the ttatenr+t, ate Mod(pc•tton :e `� -. !f Sri - C i'Cw�'� ?. -- ph) �, _ — -- a, 4!�{i • " y _tlr-7r.t rcanyg!-•;,—; _ * h7-y.. '��I ` �7+ - + ,.�{�r� :_the'-rp - .' T � ,.••._--� �^� '� ��- ti ,.� a apoaif �. _ .;+Fs +si _. 4 <rt : __ X - change rn the Uritc;nsg� ays = ( ` r tQsat to thi Itt.'• a - in nes x 5 Li<.• the CasolimrIndex, sad t,ae ntr-perSema a kh ,*...," 1i • -9- ifltr' r l r�1 } # € • } rya •{9 .� { -ti • :`;';': ii �sI • 1 1 d . 4' p it t �• F • iF ."--"t\i...7*','''.;:-; . . 7-4:7.:7!:7--- 1ii . 1' 4 V. • Trt J'`S =1 y •- G t.}fi t f.l'IN -f '�' r.^am y j � aY b t . .,...1,....74.7. ..t.._,- • -44.--:.-..„% • F • , may.'• L:.t .�IV�C�o �l` l� rt , •• N `. rtt-. ws' • .r 1 • -l. .-.. .^l!"z?1mt.+^'+Q'�•: d.+'Y(t9t'Y-irR t". tM JN.,.F=.^wzn - t • h) the increase or decrease is the fee which Mary be cSar sd i by the Contractor. ` 1 .. On the nest tutting .late after the reeeipt et the evaporative astatement. the City jueli pay le the CeNeaeter or the Contractor shell credit to the CRT. as the eagle say be. a heap sum equal to I any increase or decrease applicable to that portion et the eurrent s _. 1 period which has elapsed and. thereafter. the fees Nursed by the fi/cLie... T ;.,, e , Contractor shall be modified to refleyt any change until a different eoinpurative statement is received by the City. ` ' (e) Notwithstanding the above, if the increase in fees for any twelve •. (12) month period exceeds eight percent t19i). then the City may I' within ninety (90)days after Contractor's Provision of the aforesaid �2 eomparetive statement showing such leerease terminate this �5 1 \, Contract:provided.however,the City may se terminate this Contract , , I % effective only upon not less than forty-five (4S)days prior written ' notice to Contractor and the provisions sections of 13.02 (s) and r'" (b) shell apply until the effective date of termination. :i lI hi id) In addition to the above, the fees which may be charged by the • . E° Contractor hereunder shell be increased to cover increases in disposal • -4."., . 1 i. costs at the Disposal Site. Provided, however, the City shall have ,, ,11 - the right to terminate this Contract if. after hearing. the City • Council determines that disposal site fees have become excessive. u.!F (e) In addition to the above, the Contractor may petition the City at • !�a'y + any time for additional rate and price adjustments at reasonable times on the basis of unusual changes in ifs cat of operations, such ,k° as revised laws. ordinances or regulations. changes in location of � d ;' disposal sites, an increase in the number of Residentail Units and pa „1 for other reasons. 'r 7 13.03 Contractor to Act as Collector - The Contractor shall submit statements ;. , g I to and coUect from all Bin type Commercial and Industrial Units and ?- y 1 Residential Units for services provided pursuant to Sections.4.01 tb)-(c). h " ' 13.04 Delinquent and t'Tosed Accounts k (a) -The Contractor shall discontinue Refuse collection service at any - - w -Re identia(Or Hand Commercial Unit as set forth in a-written-notice ' i sent tceit_by the City. Upon (tether notifiation--by.tle City, the -- - - " r, - - _ - Contractor shall resume Refuse collection-on the next regularly € - sct>t du(at'iwlleetion day. The-City s)a1L.i+dreiaTy'sad_told=(e- - a ,1 Lamtraetar.harmless{con► mug claims. stnts.�dairn`ex,_ii�ptbtiet ar - ex Tinelud but not limited Coexp enses a F pensey.. nq of inveaht[dt►Oq:Mnd - - _ - - attorney'I fees)resulting from the Contractor's d'acoitirunqt-lolv-tcei.. - - - at any.;location at the direction of the City. — - -• (b) -. t Corurae shaii-pave the right ta dtseost)aur R (use ''" y_ _ - - — _ _.- ..--IL--__, .` t* ra►lhsrsial_and:Ilidtstrfat Dh m_yntos• , - sec Tcsi . . _ ` lKY eels "star :4 .•. ! ' Y _9_ '41 _ _ v. tl i - • - i . ve;' .1 .- . - . ' • i ,J --4 g .*t , ; i •S 4 r .. a,,r; 47+ is + 1 yg .4 . •''r` `=r .` a 4 y, d '. + _ �. " �, {',7 a,�i.' �+ . r p r 3 ^y Z r � :, roc n .. '•' . i '<e fit, A' • R l 3 : • I"' ?• • A 1�, • CITY OF WYLIFEI ,< PO428 � - �HWY 8N— • •BOX s„R �' •a � y... WYLIE,TEXAS 75098 ap April 28, 1988 Larry Appel, Marketing Coordinator BFI Waste Systems, P.O. Box 14 Allen, Texas 75002 Re: Rate Proposal Letter Request-April 21, 1988 Dear Mr. Appel: I have examined your most recent rate request letter on behalf of BFI Waste Systems for a change in rates for all classes of customers (residential,commerical hand collection, dumpster and so forth) for the City of Wylie, Texas. However, after contacting the Dallas office of the Bureau of Labor Statistics and the information given to me by phone, I find your latest proposal" and BLS data do not reconcile. It appears that you utilized different statistical data. I have requested that copies of the statistical that they quoted be provided to the city in printed form. As I read the contract between the City and BFI, Section 13.02 specifically outlines the methods for calculating rate adjustments on an annual basis beginning with the second year of the contract. This section states that " as of the last month of the first year of the contract and every twelve (12) months (on the rate modification date) , the fees shall be increased or decreased for the ensuing twelve (12) , month period in a percentage amount equal to the net percentage change of the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) plus the percentage change for the Consumer Price Index for Urban Wage Earners and Clerical Workers (Category)-Gasoline." These particular indices are published bi- monthly by the U.S. Department of Labor, Bureau of Labor Statistics. Other CPI indices are published monthly and it appears that you have used one of these. The percentage changes, simply stated by the contract provisions dictate that BFI Waste Systems will increase or decrease the rates annually by an amount equal to the percentage changes in the CPI-W from February 1987 to February 1988. The data obtained by phone from the Dallas office of BLS is as „.. . . ,r,,,, 41,iii; 1.1e4",;*.,, .... ter; . M• CITY OP' WY'LIE 2001 kWY 78 N-P.O.BOX 428 WYLE.TEXAS 75098 • Page 2 BFI Waste Systems follows: • CPI-W Urban & Clerical Wage Earners February 1988 113.8 February 1987 110.6 Annual Change 3.2 Annual Change as a percentage----.02893 CPI ,+� Urban & Clerical Wage Earners-Gasoline February 1988 82.5 ” February 1987 78.0 • Annual Change 4.5 Annual Change as a percentage .05769 Total Percentage Change .08662 These calculations indicate that BFI Waste Systems is entitled to a rate increase of 8.66% above current rates. ' The City Council will have to approve all rate changes in a formal Council meeting. And since this amount is above the eight(8%) per- cent stipulated in Section 13.02 (C) of the contract, the Council does • have the option to terminate the contract within the specified time . limits and notices dictated in the contract. • I would be glad to discuss my calculations and the contents of this reply at your convenience. Respectivel Cam" ames J nson , Finance Director cc J. Pitstick, City Manager CITY OF WYLIE, TEXAS COMBINING BALANCE SHEET - SANITATION ENTERPRISE FUND �f September 30, 1987 /�ti.���-1 With comparative totals for September 30, 1986 'Revenue Deposit Totals Fund Fund 1987 1986 ASSETS Cash & certificates of deposit $ - $20,000 $ 20,000 $ 4,715 _ Accounts receivable - customers 18,123 - 18,123 21,534 Allowance for doubtful accounts (2,534) - (2,534) - Total Assets $ 15,589 $20�222 $ 35,589 $ 26,249 LIABILITIES AND FUND EQUITY Bank overdraft _ $ 1,344 $ 123 $ 1,467 $ 5,784 Customer deposits - 18,345 18,345 4,425 Accounts payable 21,340 - 21,340 14,659 Due to other funds 104 - 104 125 • Total Liabilities 22,788 18,468 41,256 24,993 Fund Equity Retained earnings - unrestricted (7,199) 1,532 (5,667) 1,256 Total Liabilities and Fund Equity $ 15,589 $20,222 $ 35,589 $ 26,249 COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND EQUITY - SANITATION ENTERPRISE FUND Year ended September 30, 1987 With comparative totals for year ended September 30, 1986 OPERATING REVENUES Service revenues - garbage $244,528 $ - $244,528 $220,250 OPERATING EXPENDITURES I Refuse removal Personnel costs 17,160 - 17,160 14,537 Contract services 215,523 - 215,523 169,592 Administrative costs 9,156 13 9,169 2,704 Overhead allocations 12,000 - 12,000 33,319 Total operating expenditures 253,839 13 253,852 220,152 Operating income (9,311) (13) (9,324) 98 I NON-OPERATING INCOME (EXPENDITURES) Interest income 1,146 1,255 2,401 1,418 NET INCOME (LOSS) (8,165) 1,242 (6,923) 1,516 Fund equity at beginning of.year i . 966 290 1,256 ,. - ' Other equity adjustments Establish fund and transfer equity from General Fund • - - - (260) Fund equity at end of year $ (7,194) $ 1,5 2 • $ (5,667) $ 1,256 z 48 I Alo Vgfie CITY OF WYLIE 2001 HWY 78 N-P.O.BOX 428 WYLIE,TEXAS 75098 EXHIBIT VII Projected Revenues to Budget (Sanitation Operating Fund) for year ending September 30, 1988 with existing rates. Projected 1988 Sanitation Fund 1986 1987 1988(Budget) thru 9-30-88 over(short) Service Fees $220,250 $244,528 $ 274,250 $269,631 $ (4619) Interest on operating Funds 1,418 2,401 750 902 152 Totals 221,668 246,929 275,000 270,503 (4467) Projected revenue shortfall (4,467) as of 9-30-88 Sanitation Fund (Existing Rates) Statement of Expenditures Compared to Budget-for year ending September 30, 1988. Projected 1988 Expenditures 1986 1987 1988(Budget) thru 9-30-88 over(short) Personnel 14,537 17,160 17,350 16,402 948 Contracted Svs. 169,592 215,523 256,150 269,557 (13,407) Supplies 2,704 9,156 1,500 9 8 Overhead Alloc. 33,319 12,000 8 9 9 Totals 220,152 253,839 275,000 285,959 (10,959) Projected Expenditure Shortage (10,959) as of 9-30-88. Summary of Revenue/Cash Projections for year ending September 30, 1988 for Sanitation Enterprise(Operating) Fund. REVENUES 1988 Budgeted $275,000 Projected 270,959 Total (4,467) Expenditures 1988 Budgeted 275,000 Projected 285,959 Total (10,959) NET Anticipated (SHORTAGE)/ OVERAGE (15,426) 4 ` .. { f . ' • S ORDINANCE NO. a/4 4414 AN ORDINANCE OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS AMENDING ORDINANCE NO. 84-12, SECTION 1$, GARBAGE, TRASH AND BRUSH FEES (RESIDENTIAL, COMMERCIAL HAND AND COMMERCIAL DUMPSTER) , BY APPROVING A RATE INCREASE AND PROVIDING FOR AN EFFECTIVE- DATE. WHEREAS,`1the City Council of the City of Wylie is of the opinion that the same should be amended and adopted by the City of Wylie, Texas; . THEREFORE,RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CTY�OF WYLIE, TEXAS: Section 1 . That from and after the effective date of this Ordinance, Ordinance f11--/,2 , . Residential, Hand Commercial ' and Commercial Dumpster fees are hereby amended in the following manner and shall read as follow, to wit : k The collection and removal of garbage, rubbish and brush in disposable bags or approved containers (30 gallon cans) from residential premises, two (2) times per week, shall be made for a fee charge of seven dollars and forty cents ($7 .40) per residential unit for each calendar month. Multifamily dwellings (four (4) or more units) shall use commercial containers provided by the contractor. For partial months, said • charges shall be prorated for each week of the month during which such service is available and provided to the customers. There shall be a fee 'charged for extra collections necessary for the collection of unusual accumulations. An increase in monthly fees may be made • upon approval of the City Council. The charges for collection service shall be included on the monthly utility bill of the occupant. All utility customers shall receive solid waste collection service. Rates and charges shall be due and payable on the date so indicated on the utility billing statement. RESIDENTIAL, HAND COMMERCIAL, COMMERCIAL DUMPSTER AND BRUSH CHARGES . A. Deposit A Residential $10.00 Non-residential $25.00 minimum or equivalent to three (3) months charges • B. Residential fees for each one unit of single family detached unit of a duplex (not master metered) either curb-side or alley-side service, a collection fee of $7.40 per month shall be charged each month on the utility bill. C. The following collection fees are based upon type of establishment or collection. TYPE CHARGE PER MONTH Duplex $7.40 per unit Multi-family $7.40 per unit Trailer Park $7.40 per space or lot // 8' . Residential ', (Single Family Detached) $7.40 fi - > Residential Unit ' (Outside City) $9.50 per living unit Section 2. That from and after the effective date of this Ordinance,VOrdinance , "Commercial Collection-Fees", is hereby amended by adopting Sections D & E and made a part hereof for all purposes. D. COMMERCIAL HAND AND COMMERCIAL DUMPSTER tFee charges for commercial hand collection where residentialVtype bags or (approved containers) are allowable.d = (C- . , MO. CHARGE A. Less than five 30 gallon bags or -, 4 (approved containers) per week $14 .00 '' - B. "-''Five to eight 30 gallon bags or - ->;-(approved containers) per week $26.00 C. Nine to twelve 30 gallon bags or (approved containers) per week $38 .00 E. COMMERCIAL DUMPSTER (It is understood that all • •charges listed below for container use shall include the lease fee for the container) . a. = I SIZE TIMES PER WEEK MO.CHARGE F,V 4. ..,-, 4-4- .- ,, , , ,--e- lvt : 2 cu. yd 1 x week $ 56.00 *< ., ''_, v' z ,- - 2 x week 91.00 fe, Arc f . 3 x week 126.00 vi- 3 cu. yd 1 x week 62.00 • 2 x week 100.00 3 x week 137 .80 . ..4 cu. yd 1 x week 76.00 '" 2 x week 112.00 K 3 x week 156.00 ,, 6 cu. yd 1 x week 86.00 , 2 x week 143.00 rt 3 x week 203.00 • In 5 . 8 cu. yd 1 x week 107 .00 . _ ' :;l 2 x week 178.00 .'Rx „-._,..= 3 x week 220.00 10 cu. yd 1 x week 125.00 2 x week 212.00 3 x week 298.00 EXTRA PICKUPS/DUMPSTER-EACH REQUEST 2-4 cu. yd 26 .00 4,-y .- _..� 6-10 cu. yd 30 .00 it _ _ • ? SPECIAL CHARGES: Compactor Containers (42 cu. yd. ) 228 .00 (otherwise per quote) be } 1 p � �. x5 .1 , ' kp" " � Roll-off Containers (3• cu. yard) . -t2A4.A. (per pick up) PER DAY RENT � $ 7.20/day ' DBLIVSRZAND »KEXCu2t) tgari-tOrt:A _ 72 :' DELIVERY. AND EXCHANGE` �, A .88 8,RONT-END CONTAINERS 54.88 *. : '.� E�� ' RCR, -.�. y _,Of t 4 Va�1�� - -, .. ,�,. 15.88 PAST DUE SERVICE -F-iii, 'ii i—*-CHARGE -I-Ty ore A ' `(Over 25 days from statement due date) a,�`f.l i. . (Commercial dumpsters only) 1.50 �.T per month P. BRUSH CHARGES Tree, shrub and brush trimmings newspaper and magazines securely tied together forming an easily handled package not exceeding four feet (48 inch in length or 35 pounds in weight. es) Section 3. That all ordinances of the City conflict with the provisions of this ordinance shall be, and the same are- hereby, repealed; provisions of said ordinances�not oindconflicted, ver her, all ewithoshal remain in full force and effect. 1 Section 4. that this ordinance shall take effect immediately. from and after its passage` with the amended rates.effectjye. Apri1 1, 1987. L a 1:10 *'t:s_• DULY PASSED .AND APPROVED by the City Council4of, the City W lie Y ,:;Co11+in..County, Texas, this 24 day of March, 1987. of tr x . - . APPROVED: i Chuc nimble, r SEAL-- a==1 y ATTEST: itE,104 Carolyn J es Ls City Sec eta APPROVED AS TO FORM: •I t' 4 Larry Jackson, City Attorney -1 • /49, , 0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS AMENDING ORDINANCE NO. 84-12, SECTION 10, GARBAGE, TRASH AND BRUSH FEES (RESIDENTIAL, COMMERCIAL HAND AND COMMERCIAL DUMPSTER) , BY APPROVING A RATE INCREASE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie is of the opinion that the same should be amended and adopted by the City of Wylie, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 That from and after the effective date of this Ordinance, Ordinance 84-12 , Residential, Hand Commercial and Commercial Dumpster fees are hereby amended in the following manner and shall read as follows, to wit: The collection and removal of garbage, rubbish and brush in disposable bags or approved containers (30 gallon cans) from residential premises, two (2) times per week, shall be made for a fee charge of Eight Dollars and Five Cents ($8 .05) per residential unit for each calendar month. Multifamily dwellings (four (4) or more units) shall use _commercial containers provided by the contractor. For partial months, said charges shall be prorated for each week of the month during which such service is available and provided to the customers. There shall be a fee charged for extra collections necessary for the collection of unusual accumulations. An increase in monthly fees may be made upon approval of the City Council . The charges for collection service shall be included on the monthly utility bill of the occupant . All utility customers shall receive solid waste collection service. Rates and charges shall be due and payable on the date so indicated on the utility billing statement. RESIDENTIAL, HAND COMMERCIAL, COMMERCIAL DUMPSTER AND BRUSH CHARGES A. Deposit - Non Residential $25.00 minimum or equivalent to three (3) months charges B. Residential fees for each one unit of single family detached unit of a duplex (not master metered) either curb-side or alley-side service, a collection fee of $8 .05 per month shall be charged each month on the utility bill . /0I / C. The following collection fees are based upon type of establishment or collection. TYPE CHARGE PER MONTH Duplex $8.05 per unit Multi-family $8.05 per unit Trailer Park $8 .05 per space or lot Residential (Single Family Detached) $8 .05 Residential Unit (Outside City) $10 .35 per living unit COMMERCIAL COLLECTION FEES D. COMMERCIAL HAND Fee charges for commercial hand collection where residential type bags or (approved containers) are allowable: MO. CHARGE A. Less than five 30 gallon bags or (approved containers) per week $15.25 B. Five to eight 30 gallon bags or (approved containers) per week $28 .30 C. Nine to twelve 30 gallon bags or (approved containers) per week $41.35 E. COMMERCIAL DUMPSTER (It is understood that all charges listed below for container use shall include the lease fee for the container) . SIZE TIMES PER WEEK MO. CHARGE 2 cu. yd. 1 X week $ 60.42 2 X week 98 . 19 3 X week 135.95 3 cu . yd. 1 X week $ 66 .90 2 X week 107 .90 3 X week 147 . 82 4 cu . yd. 1 X week $ 82 .00 2 X week 120 .85 3 X week 168 .32 6 cu . yd. 1 X week $ 92 .79 2 X week 154 . 30 3 X week 219 .04 /; A 8 cu. yd. 1 X week $115.45 2 X week 183 .43 3 X week 237.38 10 cu. yd. 1 X week $134 .88 2 X week 228 .75 3 X week 321.54 EXTRA PICKUPS/DUMPSTER - EACH REQUEST 2 - 4 cu . yd. $ 28.05 6 - 10 cu. yd. 32 .37 SPECIAL CHARGES: Compactor Containers $246 .00 (42 cu. yd. ) (otherwise per quote) Roll-off Containers $220 .12 (30 cu. yd. ) (per pick up) Per day rent $ 7 .75/day 233 .00/mo. Delivery and Exchange Roll-off $ 77 .68 Delivery and Exchange Front-End Containers $ 15.10 Return Check $ 15 .00 Past Due Service Charge (Over 25 day from statement due date) Commercial dumpsters only 1.5% per mo . F. BRUSH CHARGES Tree, shrub and brush trimmings or newspaper and magazines securely tied together forming an easily handled package not exceeding four feet (48 inches) in length or 35 pounds in weight . SECTION 3 That all ordinances of the City of Wylie in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. /Q3 SECTION 4 That this ordinance shall take effect immediately from and after its passage with the amended rates effective June 1, 1988 . DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS ON THIS 24TH DAY OF MAY, 1988. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary APPROVED AS TO FORM Robert L. Dillard, III , City Attorney Stat! to and City Council DATE: SUBJECT: NO: s- 5-20-88 1988 Capital Improvement Program A total of $600 ,000 is available for street and utility projects under the proposed bond package. Bids have been received but complete tabulations have not been made as of Friday evening . A full breakdown of all street and utility bids will be available Tuesday night. All streets will have three bids; one for concrete, one for asphalt and one for City crews to do the base work on asphalt streets. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL John Pitstick, City Manager FOR ADD.INFO. CONTACT: OTHER: John Pitstick, City Manager /Q5 HIGH 0 & M / LIABILITY PROJECTS PROJECT DESCRIPTION LIABILITY O&M COST/YEAR TTL PRJT CST COMMENTS 1 EUBANKS LANE Additional base rock County requirement N / A $1,200 Matl's only 2 WYNDHAM ESTATES OFF-SITE DRNG Repair concrete-lined ditch Could loose road N / A $70,000 Contract cst 3 HOLIDAY TERRACE ADDN SEWERLINE Repair creek crossing Health hazard/Inflow N / A $2,200 Contract cst 4 E. BROWN ST. DRAINAGE IMMMT Enclose existing ditch Physical danger N / A $3,500 Contract cst 5 NORTEX TANI( SITE Complete control install. Enhance water supply N / A $15,000 Contract cst 6 SO. COTTONBELT AREA SEWERLINE Replace 4-inch sewer mains Health hazard/inconv $1,950 $25,500 Contract cst 7 24-HOUR MONITORING SYSTEM FOR Radio telemetry equipment Many manhours reqd $9,100 $25,000 Contract cst LIFT STAS. & WATER PUMP STAS 8 W. BROWN ST. WATERLINE Replace 1-inch waterline Undersized line $1,250 $16,000 Contract cst 9 SOUTH BALLARD ST. WATER & Replace water & sewer lines Undersized lines N / A $100,000 Contract cst SEWER LINES 10 RICH PROPERTY WATER LINE Install water line Many manhours reqd $9,864 $1,200 Temporary 11 SHILOH BAPTIST CHURCH Install sewer line Provide City service N / A $6,000 Church will pay $6000 /' InfoRmqL REpoRts /Q? 7 Informal Report to Mayor and City Council su.,mir C: - 5-20-88 BOARD MEMBERS TERMS EXPIRING JULY 88 The following is a list of Board Members whose terms will expire in July, 1988. This will be an item on one of the June agendas for either replacing or reappointing . PLANNING AND ZONING COMMISSION Briam Chaney - served from July 86 thru July 88 R. P. Miller - served from Jan. 87 thru July 88 Bob Skipwith - served from May 87 thru July 88 Ben Scholz - served from July 85 thru July 88 PARKS AND RECREATION BOARD John Morgan - served from July 85 thru July 88 Willie Benitez - served from July 86 thru July 88 Peggy Sewell - served from July 85 thru July 88 Ron Ferguson - served unexpired term from Jan. 88 thru July 88 ZONING BOARD OF ADJUSTMENT Art Harris - served from Jan. 85 thru July 88 N. C. Jefferies - served from Jan. 86 thru July 88 Gene Tucker - served unexpired term from April 88 thru July 88 Cleo Adams - served from July 85 thru July 88 Gary Ludwig - served from Feb. 84 thru July 89 (I have been told he is moving and will be sending in a letter of resignation) DATE: SUBJECT: N0: PAGE 5-20-88 BOARD MEMBERS TERMS EXPIRING JULY 88 2 OF 2 LIBRARY BOARD Betty Stephens - served from April 82 thru July 88 Rita Smith - served from July 85 thru July 88 Mary Jo Smith - served from April 83 thru July 88 CONSTRUCTION CODE BOARD Kevin St. John - served from March 86 thru July 88 John Seeley - served from March 86 thru July 88 Gary Mitchell - served from May 87 thru July 88 Raymond Sweeney - served from March 86 thru July 88 Vacant Place since July 87 THE-CITY OF WYLIE :THE CITY OF WYLIE IS LOOKING FOR A IS LOOKIN G FOR A FEW GOOD PEOPLE FEW GOOD PEOPLE TO SERVE ON THE TO SERVE ON THE FOLLOWING BOARDS FOLLOWING BOARD ti PLANNING AND ZONING PLANNING AND ZONIN ZONING BOARD OF ZONING BOARD OF ADJUSTMENTS ADJUSTMENTS CONSTRUCTION TRADES CONSTRUCTION TRADI BOARD ! BOARD LIBRARY B LIBRARY BOARD PARKS & RECREATION PARKS & RECREATION BOARD BOARD If you are interested in sere- If you are interested in serv- ing on any of these boards, ing on any of these boards, please fill out this coupon please fill out this coupon and mail to; and mail to; Carolyn Jones, City Secretary, Carolyn Jones, City Secreta City of Wylie City of Wylie P.O. Box 428 P.O. Box 428 Wylie, Texas 75098 Wylie, Texas 75098 Name Sn_i_1C)OAF je... Name �Zam L/.076'-72Ze Address 5 I l Address � 7� �� / `/ Phone L1Li D' 16, 61 Phone ��-SZe3 (C) ?7/-Fr2 /30 APPLICATION FOR VOLUNTEERS TO SERVE ON VARIOUS BOARDS FOR THE CITY OF WYLIE NAME:Ms./Mrs./ t'fif 1J7 ict-vt'1t'� 6 1,-cwk (please print Last First Middle Address: iv; N \t.lovi1 1146 �,�L li2 (y- 75 `b 1 Citf State Zip Telephone Home 430) . r3firi Work 696 tf3, D Age 20 - 35 +e' 36+ 60+ Special skills/qualifications yi 1 c F EE"rat v cu___,y1._VN^CA-Gt,'i w2. ........ssr Hobbies and special interests �- ( � �C G'G Yl L� Gt- ,--4.-\ V i ll. Which of the following boards would you be interested in: Planning & Zoning Zoning Board of Adjustments L-= Construction Trade Board Library Board i Parks & Recreation Board m7:4,-e-,(---J-,,&i,cf A-..:7-ece,--- (Signet re) D e /3/ APPLICATION FOR VOLUNTEERS TO SERVE ON VARIOUS BOARDS FOR THE CITY OF WYLIE NAME:Ms ./Mrs. Mr C-4-67'2_4. 6e-Q.tco (please prin Last First Middle Address: Soy QJR(L CReel< t )111It Tx '7So1'g City State Zip Telephone Home Lir2_ -�o72- Work `2 3Y- 7( 57 Age 20 - 35 36+ ✓ 60+ Special skills/qualifications t,5. I.,, 5;,rv , h,,,&o„c l)N,✓ (9-8 a7 ku, 1,w,, „g,, 01 - 8 .11 . i Bel,f. v,,i,v . c7 5 ,,c,,.,.. �-x.re -.tee_ i G.J' 2 O -4-,,,t i-b-tyy Hobbies and special interests 2 / B ( ' 3 Which of the following boards would you be interested in: i/ Planning & Zoning Zoning Board of Adjustments Construction Trade Board Library Board Parks & Recreation Board !) ( ignature) Date APPLICATION FOR VOLUNTEERS TO SERVE ON VARIOUS BOARDS FOR THE CITY OF WYLIE NAME:Ms ./Mrs./ r } ` �Z ti, t21 ;.-1 1 (please print Last First Middle Address: 4aC � :_n5 �; ," f C�� (t IX 75C City State Zip Telephone Home Li'`f ' - t- 3 ( Work I- 4 ZC. Age 20 - 35 ✓ 36+ 60+ Special skills/qualifications t• ,_'�'�LC _d r'_� f- t(' i� n�1�_ ;�'- L�-E�v CJV� C-�-: � �(:_IiLI Ali l 6-1-V Hobbies and special interests Which of the following boards would you be interested in: Planning & Zoning Zoning Board of Adjustments Construction Trade Board Library Board Parks & Recreation Board 516 (Signature Date WYLIE FIRE MARSHALL ACTIVITY REPORT MONTH OF 4/9,; ` ,1988 THIS FISCAL YR. PRIOR FY TOTAL FIRE CALL RESOPNSES MONTH TO DATE TO DATE TOTAL FIRE CALLS ANSWERED / INSIDE CITY LIMITS / 2 5 f Ji 1p OUTSIDE AID RENDERED 11-1 go OUTSIDE AID RECEIVED (� FIRE DAMAGE DOLLAR LOSS dim 400 FIRE DEATH Q 0 TOTAL AMBULANCE CALL RESPONSES 1M_UE FIRE DEPARTMENT FIRE MARSHALL'S 0 FICE The Atchison, Topeka and Santa Fe Railway Company II I 920 S.B.O.incy Street P.O. so: 1738 May 10, 1988 Topeka, Kansas 66828 BR-5905 d4• 'yqy 0% roi Mr. Ron Homeyer Assistant City Engineer City of Wiley P. O. Box 428 Wiley, Texas 75098 Dear Sir: Reference is made to your letter dated April 18, 1988 to Mr. McInnes, pertaining to the proposed Spring Creek Parkway. Your letter has been referred to my office for further handling. As you are aware, we have recently received several requests for new grade crossings within the City of Wiley. They include Westgate Way, Sanden Boulevard, Spring Creek Parkway, and it appears that it shall be proposed for Eubanks Drive to be extended. Also, each public grade crossing is a location where a possible accident can occur. By the construction of these grade crossings within your community, not only does that increase the number of possible locations for accidents to occur but also decreases the traffic load at other existing crossings. By decreasing the overall traffic at crossings, it reduces the possibility for future grade separations to be constructed. We are not agreeable to the opening of these grade crossings as has been presented. We have been working with communities on an as-need basis to provide access to property where it is deemed beneficial and necessary. We carrot agree that all these proposed crossings can be considered in this light. Would appreciate your review and advice as to the City's long-range plans. Should you have any questions, please contact Mr. Stanfill of my staff at (913) 357-2484. Yours truly, . C. L. Holman Asst. Gen. Mgr. - Engineering 9960c/2484/6 A Santa Fe Southern Pacific Company V s • The North Central Texas Council of Governments Executive Board cordially invites you to r. the 22nd Annual General Assembly Meeting Friday, June 10, 1988 12:00 Noon Luncheon and Program Hyatt Regency DFW D/FW International Airport Dallas-Fort Worth, Texas East Tower Enterprise Ballroom Luncheon address — Henry Cisneros, Mayor of San Antonio Past President, Texas Municipal League Past President, National League of Cities NCTCOG's Tenth Annual Mayors & Councilmembers Workshop - 8:45 a.m.-3:30 p.m. (includes General Assembly luncheon) * Election of NCTCOG's 1988-89 Executive Board * Presentation of Linda Keithley Award $20 per person (luncheon) Return card enclosed $30 per person (workshop and luncheon) North Central Texas Council of Governments 10th Annual Workshop for Mayors & Coundlmembers Friday. June 10, 1988 Hyatt Regency DFW - Enterprise Ballroom (East Tower) �= 8:30 a.m. LATE REGISTRATION AND COFFEE 8:45 a.m. WELCOME AND INTRODUCTIONS Joe Regian, President, NCTCOG 9:00 a.m. GUIDELINES FOR COUNCILMEMBERS Bert Williams, Mayor Pro Tern, City of Fort Worth, Moderator Marti VanRavenswaay. Councilmember. City of Arlington * Streamlining City Council Meetings * Building Council Relations Mike Eastland, City Manager, City of Carrollton * Building Council-Manager-Staff Relations * Establishing Relations with Special Interest Groups 10:30 a.m. BREAK 10:45 a.m. MUNICIPAL BUDGETING AND FINANCE Everett "Pete" Gladding. Coundimember, City of Greenville, Moderator Lynn Hampton, Director of Finance, City of Arlington Wayne Usry. Director of Finance, City of Grand Prairie * Understanding City Revenue Sources * Developing an Operating Budget * Cut-Back Management * Developing a Capital Improvements Program * Understanding Bond Ratings 12:00 noon NCTCOG GENERAL ASSEMBLY MEETING AND LUNCHEON 2:00 p.m. LEGAL POWERS AND RESPONSIBILITIES H. Louis Nichols, Sallinger. Nichols, Jackson, Kirk and Dillard * Understanding the Texas Open Meetings Law * Distinguishing Between General Law and Home Rule Cities * Avoiding Nepotism and Conflicts of Interest * Personal Liability of Public Officials * Utilizing Your City Attorney * Council-Manager-Attorney Relations 3:30 p.m. EVALUATION AND ADJOURNMENT /37