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10-14-1986 (City Council) Agenda Packet
AGENDA SUMMARY CITY COUNCIL TUESDAY, OCTOBER 14, 1986 ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections. ITEM NO. 2 - APPROVE ORDINANCE AMENDING FIRE CODE - The City has been experiencing an unusual number of fires that are believed by the fire marshal to be arson. It is his feeling that now might be the time to adopt an ordinance providing for a reward for information leading to the apprehension of arsonists. The ordinance found in your packet on pages 13- 15 was adopted from one from the City of Plano. Lester Gayler, our Fire Marshal does not recommend the same money amount that is offered by Plano but would like for you to consider perhaps a graduated amount. Mr. Gayler will be present to answer your questions at the meeting. ITEM NO. 3 - APPROVE ORDINANCE ESTABLISHING SET FEES FOR OPERATING A TAXICAB IN THE CITY OF WYLIE - The City adopted an ordinance (85-51B) regulating the operation of "vehicles for hire" , a copy of which is included in your packet. Recently the Code Enforcement Dept. has had some preliminary inquiries about permits etc. for operating a taxicab in Wylie. Therefore, it was determined that now would be the time to set the specific fees and amend the fee ordinance before the actual request for permits is made. ITEM NO. 4 - APPROVE RESOLUTION SUPPORTING LOCAL OPTION ADDITIONS TO CHAPTER 152, MOTOR VEHICLE TAXATION LAWS Included in your packet is a copy of a letter from the City of White Settlement asking for your support of local option additions to Chapter 152 , Motor Vehicle Taxation Laws . Basically this resolution calls for a small percentage of the Motor Vehicle Sales and Use Tax be credited to the City Allocations Division of the State Comptroller of Public Accounts for monthly distribution to the originating city. The staff has prepared a resolution adopted from the one from White Settlement to be forwarded to the Chairman of the Resolution Committee of the Texas Municipal League to be presented to the Texas Legislature. If you approve this resolution, the staff will forward this document as requested. ITEM NO. 5 - APPROVE POLLUTION CONTROL ORDINANCE - Included in your packet is a copy of the Water and Wastewater Pollution Control and Abateman Ordinance drawn up by TALEM, Inc. You will recall this "better and more easily enforced" ordinance was one of our first requests of TALEM. The passage of this ordinance is necessary in order to begin to control the discharges from within our City that are having a negative effect on the sewage treatment plant. Also, the Texas Water Commission and State law both require and desire that we have such an ordinance and begin to enforce it, passage of this ordinance will repeal the previous ordinance with a stronger ordinance. ITEM NO. 6 - APPROVE FINANCE CONTRACT ORDINANCE FOR PURCHASE OF AMBULANCE SERVICE AND THE FIRE DEPARTMENT SUBURBAN - This document was prepared by Fulbright & Jaworski for your review and approval in order to finalize the contract for acquisition of the ambulance service and equipment, a new ambulance and the new Chevrolet Suburban for the Fire Department. Upon approval of this contract/ordinance, the City will receive the funds and make the final transfer of the Ambulance service from the Allen' s and proceed with the bidding process for the new vehicles. ITEM NO. 7 - APPROVE RESOLUTION RELATIVE TO SCHOOL ZONES ON W. BROWN ST. AND E. STONE ROAD - Included in your packet is 1 a memo from I . W. Santry, the City Engineer who has been working with the State Department of Highways and Public Transportation in designating the posted school zones referenced above. Mr. Santry' s recommendations based upon his negotiations with the SDH is found on pages 75-77 . ITEM NO. 8 - CITIZEN PARTICIPATION - Not an approprite area for staff comment. ITEM NO. 9 - AUTHORIZATION TO GO OUT FOR BIDS FOR POLICE PATROL CARS - These items are budgeted but your approval for the expenditure is required to initiate the bidding process. The City has been contacted by at least two dealers who have on hand new, police package vehicles which are the last model year but are new vehicles which can be bid at a lower cost and can be delivered in a matter of a few days after the award is made, assuming the cars are still available. ITEM NO. 10 - AWARD BID FOR FIRMEN'S PROTECTIVE CLOTHING This item was spec' d out as a particular brand name and therefore only one bid was received . A copy of that bid is included in your packet. ITEM NO. 11 - AWARD BID FOR PAVING AT S. WYLIE FIRE STATION Included in your packet are copies of the bids received along with a memo summarizing the bids and a recommendation by the City Engineer. The Engineering staff is recommending that no award be made at this time. Mr. Santry will be present at the meeting to answer your questions. His concern is that none of the bidders included any provision for doing work to the base or subgrade. The only alternative that leaves is to accept an inferior product or reject the bids. Because it is his opinion that the concrete will not hold up if it is placed over our elastic soil without any base preparation. I agree with Mr. Santry. There is however, an alternative. We can accept the bid and prepare the base ourselves using the Bomag. We estimate the cost of this to be approximately $1000 for the materials . The job is simple and straightforward enough that we can take our equipment and do what is necessary in just a couple of days. If that meets with the Council ' s approval , you may so instruct the staff and award the bid under those conditions. We will inform the contractor that he may not begin until we have prepared the base. ITEM NO. 12 - AWARD BID FOR PIPING/PUMPING EQUIPMENT ETC. FOR NORTEX SITE - The City Engineer has provided a copy of the bid which is recommended with his notations for your review. Mr . Santry will be present to answer your questions in detail . The source of funds for this award is the water and sewer impact fee fund. ITEM NO. 13 - APPROVE REIMBURSEMENT OF OVERSIZING COSTS IN WESTGATE PHASE I - Included in your packet is a recommendation from the engineering staff to reimburse the developers of Westgate Addition Phase I for costs of oversizing requested by the City of a 12 inch waterline. The charges have been reviewed and the amount recommended by the staff is found in your packet on page 95 . ITEM NO. 14 - ACCEPTANCE OF DEDICATION OF DOWNTOWN STREET LAMPS - When the ornamental street lights were installed in the downtown area it was agreed that the City would accept the dedication and be responsible for the maintenance and operation of the lights. We have been performing this function in actuality; however , the formal dedication has not been made and accepted . ITEM NOS. 15 & 16 - TAX ROLL MATTERS - The City has historically determined not to send tax statements for amounts less than $5 .00 . The cost of postage, handling, 2 etc. is generally considered to be more than the actual revenue gained. In item no. 16 , each year there are property owners outside the City limits who are inadvertently included in the City' s tax rolls. The City Secretary just needs your authorization to delete these names from the rolls. ITEM NO. 17 - TRAFFIC CONTROL FOR ALLEY BETWEEN WOODHOLLOW CT.AND BUTLER CIRCLE - When these questionaires were sent to the adjacent property owners, the City was thinking in terms of speed limits, speed bumps, perhaps a one way designation, etc. What we received in answer was that the majority wanted this alley barricaded at one end to eliminate through traffic. We have written a letter to the City attorney asking if that is legally an option. It is the impression from staff members that we can legally barricade this dedicated alley, however, the Attorney has advised us that there are certain steps and procedures that must be followed. If it is your decision to solve the problem in that manner, then the staff will proceed with whatever steps are necessary. We have included copies of the responses we received for your review and to aid in the discussion. ITEM NO. 18 - CONSIDER SETTING DATE FOR JOINT WORKSHOP WITH ST. PAUL RELATIVE TO WASTWATER TREATMENT AGREEMENT - For some time there have been discussions between the cities of Wylie and St. Paul for a wastewater treatment agreement. This week we received a proposed agreement from Lee Lawrence, City Manager of St. Paul . He and I had previously discussed a possible workshop between the two Councils to work out an agreement. ITEM NO. 19 - COUNCIL DISCUSSION - Not an appropriate area for staff comment. 3 CITY COUNCIL MEETING MINUTES SEPTEMBER 23, 1986 7:00 P. M. The Wylie City Council met in regular session on Tuesday, September 23, 1986 at 7: 00 P. M. in the Wylie Community Room. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Pro Tem Joe Fulgham, Councilmembers Calvin Westerhof , Chuck Trimble, and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Larry Allen, Patty Griffiths of Wylie News. Mayor Pro Tem Fulgham called the meeting to order and Councilman Westerhof gave the invocation. APPROVAL OF MINUTES: There being no corrections or addition to the minutes a motion was made by Councilman Westerhof to approve minutes of September 9th and 16th as submitted. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. PUBLIC HEARING ON THE DEVELOPMENTAL PLAN FOR WYNDHAM ESTATES, PHASE II FOR PLANNED DEVELOPMENT: The developmental plans for Wyndham Estates, Phase II is petitioning for the 2F (duplex) portion to be rezoned to Planned Development with zero lot line single family homes. Mayor Pro Tem Fulgham opened the public hearing. City Manager Gus Pappas stated that there was little or no market for duplexes. The Planning and Zoning recommend this for approval with the following stipulations: 1 . The builder would meet a 10 Ft. minimum requirement between housing units. 2. Minimum 1000 sq. ft. living area • 3. Houses not attached, built with one wall on lot line 4. Builder required to fence each property with 6 ft. wood fence prior to receiving a certificate of occupancy. 5. Builder meets building codes for SF3 housing 6. No windows or doors on the zero lot line side of the dwelling 7. Builder required to clearly display sign, at all time, stating these are zero lot line houses. 8. Each house have rear entry, two car garage 9. Builder required to install guttering on the zero lot line side of each house 10. Install two culverts along Brown Street 11 . Renumber the lots to remove the A & B 12. Grant some flexibility on front fencing requirements The utilities and streets have already been put in this development, the developer has no reason to present to Council both the concept plan an a development plan..`. • This / is the development plan and if passed tonight will give the developer the approval to begin building. Mr. Barron Cook stated the Planned Development was being requested because there is no market for duplexes. Mr' Cook also stated this section of Wyndham was hard to develop because of the power line easement that goes through this area and because of the high traffic on Brown Street. Councilman Trimble asked about the high traffic on Brown Street. Mr. Cook said it has a lot of traffic with high speed. There being no other questions or opposition, the public hearing was closed' APPROVAL OF ZONING ORDINANCE FOR PORTION OF WYNDHAM ESTATES PHASE 11 FOR PLANNED DEVELOPMENT: The petition for zoning has been requested for Planned Development instead of the duplex zoning that was granted earlier. Motion was made by Councilman Westerhof to approve the zoning for 5. 1 Acres out of the Wyndham Estates from 2F to Planned Development with the above stipulations. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF AMENDMENT TO ORDINANCE NO. 84-12 "FEE ORDINANCE" FOR CONSTRUCTION METER CHARGES AND DEVELOPMENT WATER CHARGES: City Manager Gus Pappas said the staff had discovered several loop holes in our fee ordinance on water charges. One being the developer does not pay for water consumed during the time of construction period for his development, and second the the builders are charged $15. 00 for water consumption during construction of homes and most of the time this does not cover the water being consumed by the builder. Home builders will be charged a deposit and sent a water bill each month for their usage. The Engineering staff will work with the developers in the water consumption during construction and there is a formula to apply for their charge. The staff has also included in this amendment a replacement charge for meter boxes in the amount of $15. 00 and a replacement charge for sewer clean out caps of $5. 00. Councilman Westerhof asked when this ordinance would be in effect. City Manager Gus Pappas said staff recommends November 1 , 1986 effective date and to add to section M that the fees are due upon final acceptance of a development. Councilman Trimble wanted to know if there was a way of accounting for input and output on the water system. City Manager Gus Pappas said not really, the dilemma is we buy water from four (4) points, each point has a meter that we could read, but at the same time we would have to read every meter in town in order to check this. It is almost impossible to read all the meters in the City in a timely manner to be able to compare these meter readings. The only non metered water usage is the water used during fires and development construction. Motion was made by Councilwoman Donovan to approve the amendments to the "Fee Ordinance" as submitted and add the effective date of November 1, 1986 and add to section M the fees are due at the time of final acceptance. Seconded by Councilman Trimble' The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. � APPROVAL OF AMENDMENT TO ORDINANCE NO. 78-17 THE "TRAFFIC ORDINANCE" AMENDING ARTICLE 1V, SECTION 20 "TRUCK ROUTES": City Manager Gus Pappas said the amendment to the Traffic Ordinance is being presented to Council in response to a complaint from a citizen where trucks were using the streets with signs posted "no thru trucks" . The amendment to this ordinance states it shall be unlawful for any truck with a rating of over one ( 1 ) ton and/or any truck trailer or tractor trailer unit to use, travel upon, or be driven over any street, avenue, or highway within the City not designated as a truck route. Councilwoman Donovan wanted to know if we would change the signs. City Manager Gus Pappas said the only thing staff is recommending is to set the tonnage on trucks. Councilwoman Donovan wanted to have signs posted to show number of axles and tonnage such as the ones the City of Plano has posted. City Manager Gus Pappas said this could be done, needed to change the wording of the Ordinance stating axle and one ton trucks. Mr. Pappas also stated that the one ton was a very low rating. Mr. Larry Allen said that most delivery trucks will run one and one-half to two tons with tandem axle. Motion was made by Councilwoman Donovan to approve the amendment stating it shall be unlawful for any truck with a rating of over two (2) tons with tandem axle and/or any truck trailer or tractor trailer unit to use, travel upon or be driven over any street, avenue, or highway within the City not designated as a truck route. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF ORDINANCE ADOPTING THE PROPOSED BUDGET FOR FISCAL YEAR 1986-87: The public hearing requirements have been met and this is the final presentation to you for adoption. This budget as presented does not reflect a tax increase to the citizens. Councilwoman Donovan said that in talking with Finance Director James Johnson, on the ambulance purchase and whether or not there is a need for a third ambulance and on the need of the emergency unit for the Fire Department. Mr. Johnson said the third ambulance will be the primary ambulance. The reason is from looking at the Allens records this is needed. The City will use the two existing ambulances as back up and the new ambulance on daily calls. There is no problem with going with lease purchase so long as we have the new ambulance. Lease purchasing will questions us on doing this with only used equipment. Councilwoman Donovan asked Larry Allen how often both ambulances were out. Larry Allen said not often. Councilman Trimble asked Larry Allen about the need for the third ambulance. Larry said not really, Plano only has three ambulances. Councilwoman Donovan said if we do not go lease purchase, we need to fund additional $15,000. and no new ambulance in order to purchase this service out right. Councilman Westerhof said in considering the years of the ambulances, you should go ahead and purchase this new ambulance' The two used ones are almost at turn over. Councilwoman Donovan said why not add to this lease purchase the emergency unit for the Fire Department. Mayor Pro Tem Fulgham said why not go ahead and by all the Police cars, backhoes, tractors and other things we need. Councilwoman Donovan said she was trying to use the budget to the best we could. Mayor Pro Tem Fulgham said those figures will only balance the budget. City Manger Gus Pappas asked Larry Allen if he was going to send the car out and not a fire truck for wrecks. Larry Allen said yes, if the people were already out of the wreckage. City Manager Gus Pappas said he had understood this car was to be used for a command unit and not just going out to wrecks. City Manager Gus Pappas then asked Larry Allen if he had not said the wrecks are a threat to a fire and you need a truck. Larry Allen said yes. City Manager Gus Pappas said the policy he has tried to get started was for the police to be called and they would radio for fire equipment if it was needed. This policy was not very popular with the Fire Department. Councilwoman Donovan asked Larry Allen how many fire extinguishers would the emergency unit carry. Larry Allen said two cylinders and one dry powder. Councilwoman Donovan asked Larry Allen if this would put out a car fire if needed. Larry Allen said no. Councilman Westerhof wanted to know when we would be able to have the full time fire department. City Manager Gus Pappas said that was hard to say, maybe as soon as next years budget' Mid year of this coming budget it is planned to hire a fire chief and one or two men. City Manager Gus Pappas said the City has not gotten a good key rate this year. The State dropped the key rate. The future needs are water/sewer need more people and equipment, need full time fire department, parks department is dragging behind as well as the talk of having a full time activity director for the parks with a full program for all ages' Councilman Trimble said if the emergency unit will not replace miles on the fire trucks, he does �ot believe it is needed at this time. It would be nice to have later. City Manager Gus Pappas said the Council will probably see this in next years budget or maybe as soon as mid year. City Manager Gus Pappas asked Larry Allen if the City of Plano had an emergency unit like this. Larry Allen said not any more they have gone to fully equipped trucks for fires and emergencies. City Manager Gus Pappas said fire trucks are good for 20 years and are built with all types of cabinets for storing equipment for rescue and fire fighting. Mayor Pro Tem Fulgham said every department got cut on this budget and he is not for going back and adding to it. Finance Director James Johnson said the financing people said it would be close to 30 days before we would have the money for purchasing the ambulance service and money for the new ambulance. Councilwoman Donovan wanted to know if we go ahead with the emergency unit would it be better now. Mr. Johnson said less money now, but more money at mid year. Mayor Pro Tem Fulgham wanted to know if the ambulance could carry any of this equipment. City Manager Gus Pappas said no. Councilman Westerhof asked Mr. Johnson if we would need $4, 600. to add this emergency unit. Mr . Johnson said yes, we would have to move $4, 600. into this emergency unit item. Councilwoman Donovan said she had looked at the budget and there was several places to get this money from. They could take it from the Council reserve or she had a list of other areas. Motion was made by Councilwoman Donovan to transfer $4, 600' from Council Reserve and add it to the emergency unit and approve the budget. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, but only because of the need to go ahead and adopt the budget now, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF ORDINANCE ADOPTING THE TAX RATE FOR THE CITY OF WYLIE FOR FISCAL YEAR 1986-87: The required public hearings have been held and the proposed tax rate is $0. 49 per $100. valuation. This is the same tax rate as the past several years. Motion was made by Councilman Westerhof to approve and sign ordinance adopting the tax rate of $0. 49 per $100. valuation. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. PRESENTATION BY MR. LARRY D. RICE OF 2350 COUNTY LINE ROAD REGARDING HIS CONCERNS ABOUT LAKE RAY HUBBARD MOBILE HOME PARK: Mr. Rice said he was opposed to the mobile home park and the storage of sewerage. This system of pumping out sewerage tanks is not covered in the City Ordinance. I have talked with engineering about this. I do not believe the City can haul off the sewerage from this park on a daily basis. Why did this developer not have to meet the ordinance. City Manager Gus Pappas said there is another ordinance, the Lift Station District Ordinance that covers this. Mr. Price wanted to know why the City does not make the developer put in a force main. City Manager Gus Pappas said what makes you think he will not be made to put in the force main. Mr. Price said because he has looked at the plans and there is not one. City Manager Gus Pappas said the staff is working on three routes for the force main and sewer lines. The developer knows that he owes for the force main or that he will have to put it in. Councilwoman Donovan wanted to know if this could be added to the final plat. City Manager Gus Pappas said the final plat has already been approved for construction and you can not add to it after it has been signed. City Manager Gus Pappas said you still have the final acceptance of public improvements and at this time you can not accept the improvements if the developer has not paid his fees or done the improvements staff has said he will have to do. In the City of Wylie the final plat has to be approved for construction but you still have to come back to Council for final acceptance of the public improvements. Mr. Price said there was no way the City could handle this sewerage. Councilwoman Donovan said she agreed with Mr. Price. City Manager Gus Pappas said the force main was being done to accommodate the entire south end of Wylie. If this force main is taken back up to FM 544 and dumped into the main sewer line, you can only serve a small area. If the force main goes across the roadway and back up to the main around the Southside Fire Station, you can serve the entire south end of Wylie. The tanks being installed are bigger at this '�_^ park then they were at Southfork, and we are working on getting this line in prior to having to use the tanks. Mr. Rice said he has no problem if the City is working but why was the developer not made to put this line in. City Manager Gus Pappas said the City of Wylie does not do pro- rata. Mr. Rice said he feels the City should make the developer- put in these lines and force main that putting in tanks is breaking provisions in the subdivision ordinance. He feels this an unsafe solution and should not be allowed. City Manager Gus Pappas said to do this, first the Council must resend the Lift Station District Ordinance, de annex property which cannot be sewered immediately, this would also mean that the moratorium on mobile home parks would not do anything for you, pass a pro rata ordinance and the developer puts in the system and as people tap into this line the City pays the developer back some of this money. Councilwoman Donovan said from this day forward can this be made a part of the final plat that the sewer lines have to be put on line prior to acceptance. City Manager Gus Pappas said yes, but the City only has two (2) more areas that will have this problem. CITIZENS PARTICIPATION: Cecilia Woods of 515 Woodhollow Dr' stated that on item no. 6, proposed budget, first of all the McKinney paper has already printed that Farmersville and Princeton have signed a contract for ambulance service with the City of McKinney. The other thing, if an accident happens by my house, I had rather see a fire truck come to hose the street down instead of the Emergency Unit. The second thing is on item 5, since the police have been aware of the problems with the trucks, the trucks are finding other routes. Thank you for your time. Mike Loftin, 101 Fairmont received a letter from the Wylie Code Department that his storage building was to close to the alley. Mr. Faires said this was to close to the alley and he has to move it. This building was put up in July, 1984 and I just purchased the home six months ago. City Manager Gus Pappas asked him if he was informed to go to the Zoning Board of Adjustments. Grandfathering does not apply to zoning. First prove the date of the installation of the building and second check to see if this ordinance was passed before or after this building was put up. If the building was up after the ordinance then you need to go to the Zoning Board of Adjustments. This board can hear your case and make a decision on whether you can keep the building or move it. The next course if they rule to move the building is to go to District Court for appeal . ACCEPTANCE OF PUBLIC IMPROVEMENTS IN WESTGATE PHASE 1 : This property is located on W. Brown Street and is adjacent to Rustic Oaks. The engineering department has inspected the public improvements and made all the required tests. The engineering department is satisfied that this development meets the subdivision standards of the City and recommend approval and acceptance. Motion was made by Councilman Westerhof to approve and accept the public improvements in Westgate Phase 1 . Seconded by Councilwoman Donovan. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AWARD OF BID FOR UNIFORM CONTRACT FOR THE CITY OF WYLI{E:_ There were six bid packets mailed out, staff received four bids from the following: / Aratex Services $10, 240. 00 Annual Cost Servisco Tex . $ 9, 239. 60 Annual Cost Unitog Rent Services $12, 757. 60 Annual Cost National Uniforms $18, 799. 80 Annual Cost After checking each of the bids and the service provided by each company with their list of references, the staff recommends the bid be awarded to Servisco, Tex . Motion was made by Councilwoman Donovan to award bid for uniform service contract to Servisco, Tex . for an annual cost of $9, 239. 60. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. COUNCIL DISCUSSION: Councilman Westerhof voices his concern about the Municipal Court. There seems to be a lot of cases being dismissed. There is a lot of time and paper work in getting these cases to the court and then to have them dismissed. Councilman Westerhof said he had talked with Chief Abbott about this and it has caused a morale problem with the officers. They do their jobs and then the judge dismisses the case. Councilman Westerhof would like someone to speak with the judge about this. Mayor Pro Tem Fulgham asked Councilman Westerhof to go with him and they would speak to the judge. Councilwoman Donovan wanted to know if the ad was ready for the paper on our permits. City Manager Gus Pappas said a flyer went out with the water bills but no ad has been put in the paper as yet. Councilwoman Donovan said the Council agreed to put the ad in the paper. Councilwoman Donovan wanted to know where we stood on the street program, did the letters go out. City Manager Gus Pappas said letters went out to tell the property owners on Brimingham from Highway 78 to Kirby, that their street would not be fixed. The letters went out to Stone residences. The City crews are working on getting the Birmingham Street from Kirby to Ballard made ready for reconstruction. Councilman Trimble wanted to know the status on the DiTato situation. City Manager Gus Pappas said the pump has been pulled, the temp pole has not been removed. The system is working by gravity. The contractor did return and tap this lift station into the main line, but the developer did not complete the line as yet like he was to do. The developer has said he would be back within 10 days to complete the job. Councilman Trimble said the staff did some work on the drainage ditch, is this complete. City Manager Gus Pappas said he has checked this, there is a problem at one point, and as soon as the developer has finished his job, then the City will go back to re-do the slops to the drainage ditch. Councilman Trimble said in the change over for the sewer treatment plant, are you sure we can do that. Is there any trouble. Do we need to take the grace period that North Texas Municipal Water District has offered. City Manager Gus Pappas said there should be no reason to use the grace period. There will be problems and a learning time but we have the crew and should move on. Councilman Trimble said should we run the plant with North Texas Municipal Water District for a few weeks. City Manager Gus Pappas said the treatment plant was already being checked out, and plans were being brought back for '7 improvements that were needed plus checking out the site for the new plant. This has been done. The next step is to begin what CH2M Hill has sent in for improvements. Councilwoman Donovan wants the City to ask North Texas Municipal Water District to help us for a few months. City Manager Gus Pappas said what is it they can offer that we do not have. Councilwoman Donovan said knowledge. City Manager Gus Pappas said are you saying CH2M Hill does not have knowledge to advise us. Councilwoman Donovan said no, but they are not hear on a daily basis. City Manager Gus Pappas said there is lot of difference in the way NTMWD runs the plant and in the way CH2M Hill wants the plant run. City Manager Gus Pappas said that asking for NTMWD to stay on for a few months is only going to tell the city employees that they are not capable. Councilwoman Donovan said that she is not saying they are not capable, but that they have never run the entire plant before. City Manager Gus Pappas said that he has run a plant prior to coming to Wylie, that James Johnson, I . W. Santry, and Kenneth Moelling have all run plants before. Mr. I . W. Santry has taught classes at Texas A & M on sewer treatment plants. If I remember right, Mr. Santry taught Mr. Carl Reihn graduate courses. City Manager Gus Pappas stated that if the Council directs him, he will write to NTMWD and ask for them to stay with the treatment plant for sixty days. If this is what the Council wants it will be on the next agenda for you to vote on. Councilwoman Donovan wanted to know why it had to be voted on. Two of the Council has voiced their opinion of wanting it done. Mayor Pro Tem Fulgham said it would be expending funds from the budget and therefore would take a vote of the Council . Mayor Pro Tern Fulgham said one council member can not make a directive to the City Manager. That it will take a vote of the Council before a directive can be made. Councilman Westerhof said he fully agreed that if we were going to ask NTMWD to continue, that it would take a vote of the Council . If a special session was needed than maybe that is what we should do. Councilman Westerhof said he was very disappointed that NTMWD requested to be released from the operation of the treatment plant, but that he also believes that the city has employees that are qualified and capable of running this plant. City Manager Gus Pappas said it should be pointed out for the record that he truly believes that the Council could get NTMWD to take back the treatment plant. I could list out the course of actions needed for this. Councilman Westerhof requested to see this list. Councilman Westerhof said that this should be on the next Tuesday meeting. Mayor Pro Tem Fulgham said do you mean the next regular Tuesday meeting. • Councilman Westerhof said yes. City Manager Gus Pappas said the final plans for the new Municipal Complex have arrived and I would like to ask each one of you to look at these and give the staff any input you may have. There being no other business, Mayor Pro Tem Fulgham called for a motion to adjourn. Motion was made to adjourn with all in favor. • Joe Fulgham, Mayor- Pro Tem ATTEST: Carolyn Jones, City Secretary �y MINUTES PLANNING & ZONING COMMISSION CALLED MEETING THURSDAY, SEPTEMBER 11 , 1986 The Planning and Zoning Commission for the City of Wylie, Texas met in a Called Meeting on September 11 , 1986 in the Conference Room at 800 West Kirby Street. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were: Chairman Kent Crane, Vice-Chairman Brian Chaney, Fred Ouellette, Ben Scholz , Bill Chapman and Ken Mauk. Representing the city staff was Gus H. Pappas, City Manager; Roy Faires , Code Enforcement Officer; and Amanda Maples, Secretary. The meeting was called to order at 7: 00 P. M. by Chairman Kent Crane. ITEM NO. 1 - CONDUCT WORKSHOP ON THE PROPOSED LAND USE PLAN FOR THE CITY OF WYLIE - City Manager, Gus H. Pappas made a presentation to the Planning and Zoning Commission stating that the Proposed Land Use Plan covers Lake Lavon and Lake Ray Hubbard but does not include the Branch and Cullekea Peninsula because it is not well defined yet as to whether the City will go onto those peninsulas or have the ETJ to protect them. The South side of Hwy. 78 is a logical site for strip commercial centers. The North side has been used primarily for Industrial because of the railroad tracks. The existing Commercial areas have been used and then fanned out for more Industrial use. The staff feels that the City of Wylie does not need to be entirely a bedroom community. However, because of our location to Dallas it will always be more bedroom than industrial . Through 'planning the staff is trying to provide for sufficient Industrial use. The staff tried to put Multi Family zoning where it will do the most good , in hard to develop locations. Then spread it out so that the entire City would have access to Multi Family zoning. Note that Multi Family zoning can be used as an effective tool in a land use plan in circumstances such as when the cost of development on a piece of land is unusually high and the developer needs to have a higher density to make a development profitable. In the case of Single Family, the plan started with the highest use and then protected it using the lesser zonings. This process has proved to be very efficent. Along the Lake the staff tried to recognize what was already in a> istance. Basically everything was SF1 and SF2. Then • allowing for some SF3 and townhomes in difficult development areas and sufficent retail to support the community. If this Proposed Land Use Plan is followed to the letter your resulting figures will be 20% Commercial , 12% Multi Family and 60% SF residential . Your predominate units will be in SF2. Your predominate Multi Family units will be 36% and 60% of units will be SF residential . ITEM NO. 2 - CONSIDER RECOMMENDATION TO THE CITY COUNCIL ON THE ADOPTION OF THE PROPOSED LAND USE PLAN FOR THE CITY. - Bill Chapman made a motion to accept the proposed land use plan. Ken Mauk seconded the motion. Motion carried 6-0. ITEM NO. 3 - CONDUCT WORKSHOP ON THE USES ALLOWED FOR COMMERCIAL ZONING DESIGNATIONS FOR THE CITY OF WYLIE. - Chairman Kent Crane stated that the purpose of this workshop was to more clearly specify the intent of these zonings. He warned that when moving items from one zoning category to another you should be careful of " Down Zoning. " Under Retail Zoning it was recommended that the wording be changed in the following items as stated: 1 . Banks or Savings & Loan without drive-thru service 7: Letter , Photo Copy & Printing Shop 20. Super Market 33. Be moved to B1 Zoning 34. Bus Pick Up Point 38. Private or Business Transmitting Tower 43. Church , Synagogue or Rectory 45. Day Nursery or Child Care Center It was further recommended that the following items be added to Retail Zoning: A. Public Swimming Pool Indoor or Outdoor B. Health Fitness Center C. Medical Appliances, Fittings & Sales D. Radio, Appliances & TV Repair The wording was changed on the following items under the Specific Uses for Retail Zoning: 1 . Heliport or Landing Field 6. Private Club Serving Alcoholic Beverages It was recommended that "Commercial Amusement / Indoor" be added to the Specific Uses for Retail Zoning. /D UnderBl Zoning it was recommended that the following items be changed: ti. 50. Be moved into Retail Zoning 56. Car Wash 60. Lawn Equipment Repair 61 . Be moved into Industrial Zoning. 62. Be removed from B1 Zoning. 63. Commercial Printing 64. Be moved to B2 Zoning. 67. Be moved into B2 Zoning. It was further recommended that "Gasoline Service Station or Car Care Center" be added to B1 Zoning. Items changed under the Specific Uses for B1 Zoning are as follows: 1 . Heliport or Landing Field 2. Cemetery or Mausoleum Recommendations for changes under the B2 Zoning are as follows: 72. Be moved into Industrial Zoning. 81 . Be moved into Industrial Zoning. 62. Be moved into Industrial Zoning. 86. Machine or Welding Repair Shop 87. Be moved into Industrial Zoning. 90. Tennis Courts, Commercial It was further recommended that the following items be added under B2 Zoning: A. Bus Terminal B. Bowling Allies C. Vehicle Rental D. Plumbing, Heating & Air Cond. Shop E. Mini or Convience Warehouse F. Swimming Pools Commercial / Outside Item No. 3 under the Specific Uses for B2 Zoning was changed to read "Commercial Amusement , Indoor/Outdoor. " Under Industrial Zoning the following changes were made: 71 . Stables, Private or Commercial 92. Be moved to B2 Zoning. It was recommended that the following items be added to Industrial Zoning: A. Cabnet Shop B. News Paper Printing C. Bakery & Confectionary Wholesale D. Bottling Plant E. Motor Freight Terminal Under Specific Uses for Industrial Zoning "Junk or Salvage Yards" was added. Under "Other Regulations" Item no. 5• was changed in all categories to read "Fence Required when use abuts Residential Zoning or Residential Use. " ITEM NO. 4 - CONSIDER RECOMMENDATIONS TO THE CITY COUNCIL REGARDING ALLOWED USES IN COMMERCIAL ZONING DESIGNATIONS FOR THE CITY_ - No formal action was taken on this item since the recommendations were considered and are as stated in Item No. 3 above. ITEM NO. 5 - ADJOURN - Vice-Chairman Brian Chaney made a motion to adjourn the Called Meeting of the Planning and Zoning Commission , September 11 , 1986. Ken Mauk seconded the motion. Motion carried 6-0. Kent Crane, Chairman Planning & Zoning Commission Respectfully Submitted: Amanda Maples, Secretary ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLICITCAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE NO 81-15, THE FIRE CODE ORDINANCE FOR THE CITY OF WYLIE, SPECIFICALLY ADDING A SECTION PERTAINING TO A REWARD FOR THE ARREST AND CONVICTION OF ANY PERSON FOUND GUILTY OF ARSON. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: WHEREAS, the City Council of the City of Wylie has determined a need for Ordinance No. 81-15 to be amended; THEREFORE, the following paragraph will be added to the Fire Code as follows: The City hereby offers a reward of $ for the arrest and conviction of any person found guilty -f committing the crime of arson within the corporate limits of the City. This reward is a standing offer, and shall be paid out of the general fund of the City. SEVERABILITY: All ordinances or parts of the ordinance in conflict herewith are specifically repealed and are super-ceded by this ordinance. All other parts of such ordinances are not repealed and remain in effect. EFFECTIVE DATE: This ordinance shall become effective immediately upon passage and approval by the City Council of the City of Wylie. PASSED AND APPROVED ON THIS THE DAY OF , 1986. JOE FULGHAM, MAYOR PRO TEM ATTEST: Carolyn Jones, City Secretary L� CITY OF PLANO ARSON REWARD $ 1000.00 Ordinance No. 81-8-11, Section XV: The City hereby offers a reward of One Thousand Dollars ($1000.00) for the arrast and conviction of any person found guilty of committing the crime of arson within the corporate limits of the City. This re- ward is a standing offer, and shall be paid out of the general fund of the City. Report information to City of Plano Fire Marshal at 424-6531, extension 5430. 411A); Mayor City Secretary 8986 TAX ROLL ADJUSTMENTS ADJUSTMENTS TO TAX ROLL PER CENTRAL APPRAISAL DISTRICT LEGAL ASSESSED TAX ADJUSTED ADJUSTED Abst. 688 Tr. 9 13, 060. 63. 99 39, 988. 195. 94 Abst. 835 Tr. 3 000. 0. 00 91 , 290. 447. 32 Brown & Burns Bk 11 Lt. 58A 41 , 953. 205. 57 48, 953. 239. 87 *Russell Bk 1 Lt. 4A 62, 248 0. 00 62, 248. 305. 02 Abst. 56 Tr. 17 304. 1 . 49 30, 400. 148. 96 *Kellers 1st Bk 1 Lt. 5 12,058 59. 08 27, 058 132. 58 Wylie MHP Lt. 68 29993. 14. 67 000 0. 00 344. 80 1 , 469. 69 Net Adjustment to the Tax Roll of a Plus $1 , 124. 88 Adjust off Tax Roll due to Tax Statement being under $5. 00 Minus Tax Dollars 71 . 16 Adjust off Tax Roll - Taxes Assessed to property outside City Limits Minus Tax Dollars 439. 85 Total Adjusted Dollars to Tax Roll Plus $ 613. 87 * Property had exemptions applied that was not granted by the review board. ct, - ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE NO. 84-12, THE FEE ORDINANCE OF THE CITY OF WYLIE, SPECIFICALLY ESTABLISHING FEES FOR THE OPERATION OF TAXICABS ON THE CITY STREETS OF WYLIE, PROVIDING FOR PUBLICATION, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas saw fit to establish standards and restrictions of vehicles for hire in the City of Wylie by passage and approval of Ordinance No. 85-51B; THEREFORE, the City Council has determined a need to establish fees for the operation of taxicabs on the public streets of the City of Wylie; the following fees are hereby set and will be collected by the City. SECTION 8-A: Street Rental Charge $50 .00 per unit per year Driver Permit $25.00 per driver per year PUBLICATION: The caption of this ordinance shall be published one time in a newspaper of general circulation. SEVERABILITY: All ordinances or parts of the ordinance in conflict herewith are specifically repealed and are superceded by this ordinance. All other parts of such ordinances are not repealed. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . PENALTY: Any person, firm or corporation who shall violate any of the provisions of this ordinance shall , upon conviction thereof, be deemed guilty of a misdemeanor and assessed a fine not to exceed the amount permitted by State Law. EFFECTIVE DATE: This ordinance shall become effective on the day of 1986 . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE DAY OF 1986. Joe Fulgham, Mayor Pro Tem ATTEST: Carolyn Jones, City Secretary ` ORDINANCE NO. BEING AN ORDINANCE TO ESTABLISH STANDARDS AND RESTRICTIONS OF VEHICLES FOR HIRE, PROVIDING FOR PUBLICATION, PROVIDING FOR A SEVERANCE CLAUSE, PROVIDING FOR PENALTY AND ESTABLISHING AN EFFECTIVE DATE: WHEREAS: The City of Wylie has no no ordinance to control vehicles for hire and, WHEREAS: The City Council is desirous of protecting the Health, Safety and Welfare of the citizens of the City of Wylie and, WHEREAS: Authority to control "Vehicles for Hire" is contained in Article 10-3. 07 (K) ; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY "OF WYLIE, TEXAS: SECTION I . DEFINITIONS: As used in this ordinance the following words and terms shall have the respective meanings ascribed to them: (a) Taxicab: Any vehicle carrying passengers for hire, except motor buses or motor coaches operated by bus lines over designated routes in and through the city; (b) Conduct a Taxicab Business: The use of one or more taxicabs within the corporate limits of the city, by the owner thereof , for the purpose of carrying passengers for hire,^ either by driving the same himself or having the same driven by some other person; (c) Taxicab Driver: A person, properly licensed by the State of Texas who is authorized by permit to drive a taxicab within the corporate limits of the city; SECTION 2. EXEMPTIONS: (a) State regulated vehicles excepted: This ordinance shall not apply to passenger buses operating under the regulations of the state railroad commission, and coming into or Passing through the city for the purpose of loading and unloading passengers; ^��� , SECTION 3. GENERAL (a) Appeal from decision of city secretary or chief of police. Anyone desiring to do so may appeal from any action of the city secretary or chief of police under any provision of this article to the city council within ten ( 10) days of the action of the city secretary or chief of police. The hearing on appeal shall be de novo. The decision of the city secretary or chief of police shall become final unless an appeal is taken within the time and manner herein provided. In the event of such appeal , the decision of said body shall be final . The action of the city secretary or chief of Police shall be in full force and effect until changed by action of the city council , (b) Maximum seating. It shall be unlawful to carry in a taxicab more than five (5) passengers in any taxicab, and in no event shall more than two (2) passengers ride in the front seat with the driver, ^ (c) Receipt , discharge of passengers. No driver of a taxicab shall receive or discharge passengers in the roadway of any street, but shall drive to the right-hand sidewalk, as nearly as possible, or, in the absence of a sidewalk, to the extreme right-hand side of the road, and there receive or discharge passengers, (d) Acting on behalf of prostitutes or unlawful establishments. It shall be unlawful for any taxicab driver or owner to act in any manner as a panderer or pimp for prostitutes or as contact for unlawful establishments of any character, or to knowingly transport any passenger to the abode of a prostitute, " (e) Alcoholic beverages - Transportation prohibited. It shall be unlawful to transport alcoholic beverages, not owned and in the exclusive possession and control of a fare-paying passenger, in the taxicab or for any taxicab driver to have on his person any alcoholic beverage while driving and operating a taxicab in service, (f ) Alcoholic beverages - Consumption in vehicle. It shall be unlawful for any driver or passenger of any taxicab to drink alcoholic beverages of any kind while inside the taxicab, (g) Alcoholic beverages - Sale. No driver of a taxicab or owner of a taxicab shall engage in selling intoxicating liquors or soliciting business for any person selling intoxicating liquors, (h) Transportation of criminals. It shall be unlawful for any taxicab driver or owner to knowingly transport any criminal , narcotic peddler, prostitute, bootlegger or any other person in the commission of a crime or infraction of the law in any manner, / Y (i ) Council to fix , display of rates. The city council shall have the power to fix the rates, charges and fares of all taxicabs operating within the city. There shall be displayed in a permanent place within every taxicab doing business within the city a map showing the various areas of the city and designating the fare to be charged in each area. (j ) Refusal to pay fare. It shall be unlawful for any person to refuse to pay the legal fare of any taxicab after having hired the same, and it shall be unlawful for any person to hire any taxicab with intent to defraud the person from whom it is hired of the value of such service. SECTION 4 LICENSE (a) Required. It shall be unlawful for any person to keep, use or operate on any street within the city any taxicab, unless a written license for such taxicab shall have first been obtained from the city secretary by the ^ person owning or controlling such taxicab, and unless such license shall be in effect at such time. (b) Application. Any person who shall desire to operate a taxicab within the city shall file a written application for a license therefor with the city secretary. Such application shall contain the following information: 1 . The name, address and age of the owner or operator of the vehicle to be used, 2. The make, type, age and capacity of such vehicle, 3. Such other information as the city ^ secretary may require. (c) Consideration of application. Upon receipt of an application for a license required by the provisions of this article, the city secretary shall , after examining said application, make an investigation to determine whether the issuance of a license to operate a taxicab will be dangerous to the health, safety and welfare of the city, and the city secretary shall give due weight and consideration to, among other things: 1 . The type vehicle proposed to be operated' 2. The age and mechanical condition of the vehicle. ' , (d) Issuance or denial ' If the city secretary shall determine that the operation of a taxicab as shown in the application for a license required by this article will not be dangerous to the health, safety and welfare of the city, he shall issue a license to the applicant, upon the payment of the street rental charge as provided herein. If the city secretary determines that the operation of such vehicle is or will be dangerous to the health, safety and welfare of the city, he shall refuse said application and shall not issue a license to the applicant. (e) Street rental charge. Each owner or operator `� of a vehicle used as a taxicab within the ^rJ ` city shall pay to the city a street rental change in the amount set forth in the fee schedule ordinance of the city per year for each vehicle so operated. Said street rental charge shall be paid annually in advance and shall cover the period ending at 12: 00 o' clock midnight of December 31 following payment of same. ^ (f ) Register. The city secretary shall keep a careful and accurate list or register of all licenses issued under the provisions of this article, including the number of each license and the name of the person to whom such license was issued. (g) Duration. All licenses issued under the provisions of this article shall authorize the operation of the vehicle described in the application for a period ending at 12: 00 o' clock midnight December 31 , following the date of issuance, unless sooner revoked, suspended or cancelled. (h) Suspension, revocation or cancellation. Any lic ense issued under the provisions of Wis article may be suspended, revoked or cancelled for the violation by the licensee of any applicable provision of this code, state law or city ordinance, rule or regulation. (i ) Identification of vehicle. It shall be the duty of every person holding a license issued under the provisions of this article to place on his vehicle used as a taxicab in vertical block letters three (3) inches high and three-quarters (3/4) inch thick, in a color contrasting to the color of said vehicle, below the back window of each vehicle, if any, in unobstructed view, the words; "Taxi License No. ____. " filling the blank with the figure being the serial number of the license for that particular car issued by the city secretary. SECTION 5. LIABILITY INSURANCE (a) Required; approval ; etc. Before any license shall be issued under article II of this chapter to any owner of a taxicab, or before any renewal of such a license shall be granted, the owner shall file with the city secretary, and thereafter keep in full force and effect, a policy of public liability insurance approved by the city manager and executed by an issuance company duly authorized to do business in the state, and performable in this county, insuring the public against any loss or damage that may result to any person or property from the operation of the taxicab covered or to be covered by such license. (b) Minimum amount of coverage. The minimum amount of recovery in a policy of insurance required by this article shall not be less than the following sums, to wit: I . For the injury of death of any one person in any one accident, ^ 2. For total liability in any one accident or personal injuries or death ________________________________ 3. For injury or destruction of property in any one accident ______________________ The minimum amount of insurance liability shall never be less than the amount established by the statutes of the state under the Texas Safety Responsibility Act or amendments thereto. (State law reference amount of insurance required by Safety Responsibility Act, Vernon' s Ann. Civ. St' art. 6701h, sec. 5) (c) Persons protected. The above public ^ liability insurance required by this article shall be for the protection of the passengers of the insured taxicab and for the public, but shall not cover personal injuries sustained by the servants, agents or employees of the person filing the insurance' (d) Provision for continuing liability. All policies of public liability insurance required by this article shall contain a provision for a continuing liability thereon up to the full amount thereof , notwithstanding any recovery thereon. (e) Increasing amount upon return of execution unsatisfied. In the event of the return unsatisfied of any execution issued on any final judgment rendered against any taxicab owner in any suit for damages on accident of injury to person or property occasioned by the operation of any taxicab, such owner, within ten ( 10) days after the return of such execution unsatisfied, provided the judgment is still unpaid, shall increase the amount of his insurance by the amount of such judgment , and failing to do so shall forthwith cease the operation of taxicabs in the city until such additional insurance is deposited or such judgment is paid. _] / (f ) Cancellation. In he event that any insurer desires to be released from any insurance filed under this article, it may give written notice of such desire to the inspector of taxicabs at least thirty (30) days before it desires its liability released, and the inspector of taxicabs shall thereupon give written notice, by personal delivery or by mail , to the insured and demand that he furnish new assurance by the expiration of the thirty (30) day period above provided for, and shall discharge such first insurer from any liability which shall accrue after- the time of approval of such new policy, or shall discharge such first insurer after the expiration of such thirty (30) day period' In the event any policy is so cancelled upon the request of the insurer, and no new insurance policy is filed before the cancellation of the original insurance, the license to operate taxicabs granted to the insured shall be automatically revoked. (g) City not liable for solvency of insurer; owner ' s liability not affected; suits on ^ policy. Neither the city nor any officer thereof shall be held liable for the pecuniary responsibility or solvency of any insurer under the provisions of this article, or in any manner become liable for any sum on account of such claim or act or omission relating to the insured vehicle, no shall the liability of the owner of any such vehicle be in any manner limited or changed by reason of the provisions of this article, but the judgment creditors having causes of action secured thereby shall be authorized to sue directly on such policy of insurance without impleading the city, and all persons known to any insurer to have been injured or damaged in the same accident and claiming damages thereunder may be made parties without , priority of claim on payment in any suit had or instituted on account of such matters. SECTION 6. DRIVERS DIVISION 1 GENERALLY (a) Appearance. It shall be the responsibility of every person operating a taxicab business or service in the city to require the drivers in his employ to be neat and clean in appearance while on duty. (b) Solicitation of business. No driver of a taxicab shall solicit patronage in a loud or annoying tone of voice or in any manner annoy any person or obstruct the movement of any person or follow any person for the purpose of soliciting patronage. (c) State chauffeur' s license required. It shall be unlawful for any person to drive a taxicab within the city unless he is a duly licensed chauffeur under state law. DIVISION 2 PERMIT (a) Required. No person shall drive a taxicab within the city unless such person shall first obtain a permit therefor from the city. (b) Application. Any person who shall desire a permit required by the provisions of this division shall file with the city secretary his sworn application upon a form to be prescribed by the city secretary stating applicant' s: 1 . Name. 2. Age 3. Present address. 4. Address or addresses and place or places of employment for the past two (2) years. 5. Reason for leaving place or places of employment. ^ 6. Police record, if any, together with list of time and place of felony convictions. (c) Fees. Every application for a permit ^~� ` required by the provisions of this section shall be accompanied by a payment of fees established in the fee ordinance of the City of Wylie. (d) Examination by Chief of Police' After receiving an application for a permit required by the provisions of this division, the city secretary shall deliver such application to the chief of police. The chief of police shall then: " 1 . Examine said application' 2' Take and keep a record of the fingerprint of said applicant, and no permit shall be issued until applicant complies with this requirement. 3. Require a personal demonstration by the applicant that he is able safely to operate a taxicab with in the city. In this connection, the chief of police, if he deems it necessary, may require that applicant furnish a certificate from a reputable optometrist or occulist, stating from any examination within the past six (6) months the condition of applicant' s vision. The chief of police shall then report and recommend to the city secretary that the application be granted or rejected' (e) Issuance or denial . After receiving the report and recommendation of the chief of police, the city secretary, if satisfied that the applicant is able to operate a taxicab within the city without danger to the health, safety or welfare of the city, shall issue a permit therefor to said applicant. If not satisfied that applicant can operate such a taxicab without danger to the health, safety and welfare of the city, then said application shall be refused. (f ) Duration. All permits isSued under the provisions of this division shall be valid for a period of one year from date of issuance and shall not be transferable, but it shall be lawful for the holder of a permit to use the same permit in the event of a change of employment from one operator or owner to another. (g) Renewal . Every permit issued under the provisions of this division may be renewed by the holder thereof upon proper application ^ therefor to the city secretary and the payment of the prescribed fee. (h) Register. The city secretary shall keep a careful and accurate list or register of all Permits issued under the provisions of this division, including the name and address of the person to whom such permit was issued. (i ) Display. Every person to whom a permit is issued under the provisions of this division shall keep such permit affixed and prominently displayed in the passenger section of the taxicab driven by such permitee. (j ) Suspension, revocation or cancellation. ' Every permit issued under the provisions of this division may be suspended, revoked or cancelled for the violation by the permitee of any applicable provision of this code, state law or city ordinance, rule or regulation. SECTION 7 (a) Publication Clause. The caption of this ordinance shall be published one time in a newspaper of general circulation. (b) Severability Clause. All ordinance or parts of the ordinance in conflict herewith are specifically repealed and are superceded by this ordinance. All other parts of such ordinances are not repealed' It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . (c) Penalty Clause. Any person firm or corporation who shall violate any of the provisions of this ordinance shall , upon conviction thereof , be deemed guilty of a misdemeanor and assessed a fine not to exceed the amount permitted by state law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYL I E, TEXAS, THIS THE T/6 DAY OF , 1985. flkL * SEAL ATTEST , 4 '.iloiEiuc um XP����\�� (k/24,) Carol • ones-, ' i ty Secretary 4 RESOLUTION NO. IN SUPPORT OF LOCAL OPTION ADDITION TO CHAPTER 152 MOTOR VEHICLE TAXATION LAWS WHEREAS, citizen expectations for services are continually increasing; and, WHEREAS, Federal and State financial assistance levels to Cities have plummeted or been withdrawn; and, WHEREAS, in 1985, the State collected $880 million from Chapter 152 Motor Vehicle Sales and Use Tax; ranking as the fifth largest revenue source in Texas; and, WHEREAS, the collection, enforcement procedures, and allocation administration would not be onerous within existing scope of operations; and, BE IT THEREFORE RESOLVED, by the City Council of the City of Wylie, Texas, that the City of Wylie, Texas goes on record as supporting the addition of a subsection (c) Local option maximum of one percent (1%) of the total consideration in Chapter 152 Taxes on Sale, Rental and Use of Motor Vehicles, Subchapter B, Sections 152.021 and 152.022; and BE IT FURTHER RESOLVED that the City of Wylie, Texas, supports the amendment of Subchapter G, Section 152.122 to include subparagraph (4) 1/5 to be credited to City Allocations Division of the State Comptroller of Public Accounts for monthly distribution to the originating city in coordination with current distribution of local option Limited Sales and Use tax allocations; and, BE IT FURTHER RESOLVED that copies of this Resolution shall be sent to members of the Texas Legislature and Legislative Committees for the Texas Municipal League and Texas Governmental Finance Officer' s Association urging them to support the Provisions granting local option financing alternatives as proposed. PASSED AND APPROVED THIS THE DAY OF 1986. Joe Fulgham, Mayor Pro Tem ATTEST: Carolyn Jones, City Secretary • • Whit e Settlement0 dynamic City... ...on the crossroads of procress w-- 214 MEADOW PARK DRIVE WHITE SETTLEMENT, TEXAS 78108 PHONE 248-4971 September 29, 1986 CHIEF EXECUTIVE OFFICER: Attached is a proposed resolution forwarded to the Chairman of the Resolution Committee for a favorable review and hopefully adopted by the membership of the Texas Municipal League for presentation to the State Legislature. We view this spreading of the sales tax base as a logical evolution and a necessary move on part of City Government to alleviate the load on the Ad Valorem Tax paying citizens. Your support of the intent of this resolution would give the cities of the State a needed new source of revenue that would be very easily collected and distributed by the Comptroller of Public Accounts. Sincerely, James M. Herring Mayor JMH:dm Attachment 7 CI' L tl`rtwj Ut'3S -111't'+ • • jtI-,? )r3Cd ••JeVjN O&' •)�i A11r:� 113S 3f11JJ S ?All IIB 1 trv3135 3iIHt! 3U till)? 19ii'Cat otic:. wimaaal The Home-Owned Newspaper Baal mmas,liar,vat.•I,Ms. 13 Member,Associated Press 36 Pages,2 Seetiaas Fart Meal,Taman Ceesay,Tans,September'26,MI6 22 Cents Per Copy; 22S Per Tsar Cities Want Share of New Car Tax Bs F ItANK PERKINS every city in Texas asking support for the local up- right along with city sales tax disbursements.There Conn, Maxwell is facing off against one of the Lion Inanuever. would be no requirement for additional staff." shy roost powerful lobbies in Austin in her efforts to ease •'Mayor(James M.1 Herring already has presented said. the ad v aloreu, tax burden on White Settlement the plan to the Tarrant County legislative Using the figures of SI million gross new car sales c,titens. delegation," Ms. Maxwell said. "And I have as a base for one dealership. Ms. Maxwell said Ms Ma 'A i•ll,White Settlement's(inane director. presented it to the Texas Governmental Finance Of. White Settlement would have $100.000 in addi +sour Iegi-.l.,t,on passed amending the current state fivers Association and handed the proposal to other tional revenue if the local option plan becomes i..w to allow cities to call heal option election'.Iii put i•ity finance offic.•rs in Tarrant County." reality. Such gross sales are much higher than e one percent sales Lax on new cur rules. She said F'm t Vurth finance director A. Judson million,she said. "New car sales brought in Sttau million a year in Bailiff told►er hi•would try to get the matter before "That$100,000 represents three cents on our tax revenues to Texas in 19b5. she said. "Those the Fort Worth City Council.a tx.we'rful ally in any rate." Ms. Maxwell said."That means we would be revenues were the fifth largest for the state that year. legislative fight. able to expand services while keeping the effective I would like to see the cities, which now do not shine • • • tax rate the same or even lower." f tise taxes.hate a chance to use this new siurce of "I SEE THE proposal as a way to redistribute If the plan survives the expected auto dealers'lob revenues to ease the ad valorem tax burden.' taxes.a way of taxing diepiusable income,which pets. by onslaught in Austin. the local option portion r he White Sett lenient City Council voted pie use to buy new cars,versus keeping almost all the would mean that only those cities whose citizens ...e•h•to petit Um the Texas Municipal league tax load on property ownership. voted in the new tax would benefit from it. f:nd a legislative sponsor for Ms. Maxwell's in. "The car dealers would he collecting an additional "It is not automatic. Cities have to approve it alive and controversial plan. $50 on a S5.000 car which would be disbursed before they could collect it," she said. he cn y also is preparing a mass mailing to almost through the stun•comtptroller's city allucatiunv office i'•niinu.d •n i•sar$'t White Settlement Wants City Car Sales Tax Bite Continued from Page IA THE CITY SALES tax on new cars will have significant impact in White Settlement because the city has conscientiously worked to bring car dealer- ships into its area. Texas Motors Ford has moved to White Settle- ment, as has Gordon Bailey's Hyundai dealership. Ultimately, Bailey will move his Lincoln-Mercury- Saab-Jeep-Renault. dealership from its current Forest Park Blvd. location to the White Settlement site. When that move is made; new car sales, fueled by the continued expansion 'ire Southwest and West Fort. Worth, could fnea,n' a revenue bonanza for White Settlement. "We just think it is fair for people with disposable income IA) spend who come here to buy an S I M,OO() Lincoln to share some of that income with t he hilkz who have lived here for years and paid t he ;al valorem taxes without much hope of relief.'' .41te' said. This year's White Settlement budget was Sti.Y million and the cit.y's effective tax rate was:10-rent s per S 100 evaluation. -We're just like every other city,'' Ms. Max%,% l said. "We are having to find alternate sourr,'s lit revenue as federal programs dry up. This sit V ta III) new car sales seems very, very fair to us." ir��, ORDINANCE NO AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE CITY CODE BY ADDING A NEW ORDINANCE, AND DESIGNATING AREAS OF THE CITY AND/OR CITY AND EXTRATERRITORIAL JURISDICTION. REGULATING PRIVATE SEWAGE FACILITIES; RELATING TO DISCHARGE OF INDUSTRIAL WASTEWATER RELATING TO THE DELEGATION OF FUNCTIONS AND POWERS BY THE CITY; RELATING TO WATER POLLUTION CONTROL AND ABATEMENT PROGRAMS BY THE CITY UNDER SECTION 26.177 OF THE TEXAS WATER CODE; ESTABLISHING A PERMIT SYSTEM; ESTABLISHING A SYSTEM OF CHARGES FOR SERVICES RENDERED; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, the City of Wylie, Texas, under Section 26.177, of the Texas Water Code (Texas Legislative Senate Bill 835) is required to establish a Water Pollution Control and Abatement Program, authorizing monitoring and enforcing activities, requiring reporting from significant dischargers, collecting samples, inspecting and testing of waste discharges. WHEREAS, it is the obligation of the producers of industrial waste and wastewater to treat and properly dispose of same in an equitable manner, and WHEREAS, protection of the quality of the effluent and proper operation of the wastewater collection and treatment facilities within the City and Extraterritorial jurisdiction is the concern and obligation of the City of Wylie, Texas. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; City Code as follows: Article Water Pollution Control SECTION 16. Definitions - when used in this Section, these terms shall be defined as follows: (1) Abnormal Sewage: Any industrial wastewater having suspended solids or B.O.D. content which is, in the judgment of the Director, significantly in excess of that found in normal sewage, but which is otherwise acceptable into a POTW under the terms of this Ordinance. (2) Act: The Clean Water Act (33 U.S.C. 1251 et seq), as amended. (3) Authority: The City of Wylie, Texas. (4) Biochemical Oxygen Demand (B.O.D.): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure as specified in 'Standard Methods' in five days at twenty (20) degrees Centigrade expressed as parts per million by weight (milligram per liter). (5) Categorical Pretreatment Standards: National Pretreatment Standards which are established from time to time by EPA which specify quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific Industrial Dischargers. (6) City: City of Wylie, Texas, or City Council of Wylie, Texas. 1 (7) Composite Sample: A sample of the wastewater discharged to the collection system by a user and composed of a series of not less than three samples taken during the periods when industrial wastes are being discharged. The period of time over which the samples are collected for compositing into a single sample shall not exceed twenty-four hours. The series of samples may be collected on a time-proportional or flow-proportional basis. (8) Cooling Water: The water discharged from any system of condensation such as air conditioning, cooling, refrigeration or water used as a coolant in cooling towers where the only pollutant is thermal. (9) Director: The Director of the Public Works Department of the City of Wylie, or his authorized representative. (10) Discharger: Any non-residential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto. Includes owners and/or occupants of such premises. (11) Grab Sample: A sample which is taken from a waste stream or surface runoff on a one-time basis with no regard to the flow in the stream and without consideration of time. (12) Garbage: Solid waste from domestic or commercial preparation, cooking or dispensing of food or from the handling, storage, and sale of produce. (13) Indirect Discharge: The discharge or the introduction of nondomestic pollutants from a source regulated under Section 307(b) or (c) of the Act, into a POTW. (14) Industrial Waste: Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources. (15) Interference: The inhibition or disruption of a POTW's sewer system, treatment processes or operations which contributes to a violation of any requirement of its NPDES permit. (16) mq/L: Milligram per liter. (17) Major Industrial/Commercial User: A user of the sewer system that (a) discharges 10,000 gallons or more of wastewater into the sewage system per average workday, (b) is regulated by the Categorical Pretreatment Standards, or (c) is found by the City of Wylie to discharge wastewater which adversely affects the sewer system facilities, the biological treatment process or the quality of the discharge from the POTW. (18) National Pollutant Discharge Elimination System (NPDES): The NPDES program or a NPDES permit issued by the Environmental Protection Agency. (19) Normal Sewage: Sewage which, when analyzed, shows by weight a daily average of not more than 250 mg/L of TSS and not more than 250 mg/L of BOD and which is otherwise acceptable into a POTW under the terms of this Code. 2 (20) 0 and M: Operation and Maintenance. (21) Other Wastes: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes. (22) Owner or Occupant: The person, firm, or public or private corporation, using the lot, parcel of land, building or premises connected to and discharging sewage, industrial wastewater or liquid, into the sanitary sewage system of the City, and who pays, or is legally responsible for the payment of, water rates or charges made against the said lot, parcel of land, building or premises, is connected to the water distribution system of the City of Wylie, or who would pay or be legally responsible for such payment if so connected. (23) Pass Through: The discharge of pollutants through the POTW into navigable waters in quantities or concentrations which are a cause or significantly contribute to a violation of any requirement of the POTW's NPDES permit. (24) Person: Any individual, business entity, partnership, corporation, governmental agency or political subdivision. (25) Permit: Wastewater Discharge Permit, issued to non-domestic dischargers of industrial waste into the sanitary sewage system of the POTW. (26) pli: The logarithm of the reciprocal of the weight of hydrogen ions, in grams per liter of solution, measured and calculated in accordance with 'Standard Methods'. (27) Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sludge, mutations, chemical waste, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. (28) Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. (29) Publicly Owned Treatment Works (POTW): Any sewage treatment plant and the sewers, watercourses and appurtenances thereto, owned and operated by the City. (30) Pretreatment Standards: Categorical Pretreatment Standards. (31) Sanitary Sewer: A publicly owned pipe or conduit designed to collect and transport industrial waste and domestic sewage to the POTW. (32) Sewage: Water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present. 3 (33) Shall: Is mandatory. May: Is permissive. (34) Sluqload: Any substance released in a discharge at a rate and/or concentration which causes interference to a POTW. (35) Standard Industrial Classification (SIC): A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Officer of the President, Office of Management and Budget, 1972. (36) Standard Methods: 'Standard Methods Eor the Examination of Water and Wastewater' , a publication prepared and published jointly by the American Public Health Association, American Waterworks Association and the Water Pollution Control Federation, as it may be amended from time to time. (37) Suspended Solids: Solids that either float on the surface of, or in suspension in, water, sewage or other liquid and which are removable by laboratory filtering. (38) Unpolluted Water or Waste: Any water or liquid waste containing none of the following: Phenols or other substances to an extent imparting taste and odor in receiving waters; toxic or poisonous substances in suspension colloidal state or solution; noxious or odorous gases; not more than ten thousand (10,000) parts per million, by weight, of dissolved solids, of which not more than twenty-five hundred (2500) parts permillion are chloride; not more than ten (10) parts per million each of suspended solids and B.O.D.; color not exceeding fifty (50) color units, nor a pH value of less than 5.0 nor higher than 11.0; and/or any water or waste approved Eor discharge into a stream or waterway by the appropriate state authority. (39) Upset: An exceptional incident in which a Discharger unintentionally and temporarily is in a state of noncompliance with the standards established in this ordinance, due to factors beyond the reasonable control of the Discharger, and excluding noncompliance to the extent caused by operational error, imporperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. (40) Wastewater: Industrial waste, sewage or any other waste that has been used by and discharged from an industry, commercial enterprise, household or other water consumer, including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW. Said water may be either polluted or unpolluted. Section 16.2 - Water Pollution Control Duties of the City A. The City of Wylie, Texas having a population of more than 5,000 inhabitants, hereby establishes a Water Pollution Control and Abatement Program for the City. The City shall employ or retain an adequate number of personnel, who by virtue of their training or experience are qualified to perform the water pollution and abatement functions required to enable the City to carry out it's duties and responsibilities under this Article. 4 B. The Water Pollution Control and Abatement Program of the City shall encompass the entire City and its Extraterritorial Jurisdiction. The City shall include in the program the services and functions which will provide effective water pollution control and abatement for the City, or as may be reasonably required by State or Federal law, including the following services and functions: 1. the development and maintenance of an inventory of all significant waste discharges into or adjacent to the water within the City, and within the extraterritorial jurisdiction of the City, without regard to whether or not the discharges are authorized by the City; 2. the regular monitoring of all significant waste discharges included in the inventory prepared pursuant to paragraph (1) above; 3 the collecting of samples and conducting of periodic inspections and tests of the waste discharges being monitored to determine whether the discharges are in compliance with the Act and any applicable permits, orders or regulations; 4. a procedure for obtaining compliance by the waste dischargers being monitored, including where necessary, the use of legal enforcement proceedings; and 5. the development and execution of reasonable and realistic plans for controlling and abating pollution or potential pollution resulting from generalized discharges of waste which are not traceable to specific sources, such as storm sewer discharges and urban runoff from rainwater. Section 16.3 - Use of Public Sewers A. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage or unpolluted industrial water into any sanitary sewer. B. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the City. Unpolluted industrial water may be discharged to a storm sewer or into the sanitary sewer system upon prior written approval by the City. C. Except as hereinafter provided, no person shall discharge or cause to be discharged into the sewer or drainage system of the City, or to the waters of the State of Texas, directly or indirectly, any of the following described matters, water, wastewater, or wastes: (1) Flammable or explosive liquid, solid or gas, such as, but not limited to, gasoline, kerosene, benzene, naptha, etc., which by reason of its nature or quantity may be sufficient, either alone or by interaction to cause fire or explosion or may be injurious in any other way to the operation of the POTW. 5 (2) Any liquid or vapor having a temperature higher than one hundred fifty degrees (150°) Fahrenheit (65 degrees Centigrade). (3) Any water or waste which contains wax, grease, oil, plastic or other substances that will solidify or become discernibly viscous at temperatures between thrity-two degrees (32°) to one hundred fifty degrees (150°) Fahrenheit, thereby contributing to the clogging, plugging or otherwise restricting the flow of wastewater through the collection system. (4) Solid or viscous substances in quantities capable of causing obstruction in the flow in sewers or other interference with proper operation of the POTW, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, sawdust, metal, glass, glue, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshlings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids. (5) Any noxious or malodorous substances which can form a gas which, either singly or by interaction with other wastes, is capable of causing objectionable odors or hazards to life or form solids in concentrations exceeding limits established in this Ordinance, or creates any other condition deleterious to structures or treatment processes, or requires unusual provisions, attentions or expense to handle such material. (6) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction are capable of creating a public nuisance or hazard to life or which may prevent entry into the sewers for their maintenance and repair. (7) Any substance which may cause the POTW's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or any other criteria, guidelines, or regulations affecting sludge use or disposal. (8) Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits. (9) Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. (10) Any slugload, which shall mean any pollutant, including oxygen demanding pollutants (B.O.D., etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the POW. (11) Any wastewater which causes a hazard to human life or creates a public nuisance. 6 (12) Free or emulsified oil and grease exceeding 100 mg/L of either or both, or combinations thereof. (13) Acids or alkalies capable of causing damage to sewage disposal structures or personnel or having a pH value lower than 5.0 or higher than 11.0. (14) Cyanide or cyanogen compounds (as Cn) in excess of 1.0 mg/L. (15) Any water or waste that contains more than ten (10) parts per million of the following gases: Hydrogen sulfide, sulphur dioxide or nitrous oxide. (16) Any wastewater containing any radioactive wastes or isotopes of such half life or concentration as exceed limits established by the City in compliance with applicable State or Federal regulations. (17) No substances which contain polychlorinated biphenyls (PCB'S). (18) Wastewater with a phenol concentration greater than two (2.0) mg/L. (19) Wastewater with twenty-four hour composite samples containing BOD or TSS in excess of one thousand (1,000) mg/L, or COD in concentrations not amenable to treatment. (20) Salts of a heavy metals in solution or suspension, and organics, in concentrations exceeding the following: Maximum Concentration (mq/L) Arsenic 0.1 Barium 1.0 Cadmium 0.2 Chromium 3.0 Copper 2.0 Lead 2.0 Manganese 2.0 Mercury 0.005 Nickel 2.0 Selenium 0.05 Silver 1.0 Zinc 4.0 or elements or organics which will damage collection facilities or are detrimental to treatment processes. (21) Other heavy metals and toxic material in concentrations prohibited by State or Federal regulations including, but not limited to: Antimony Uranylion Beryllium Pesticides Bismuth Rhenium Boron Strontium Cobalt Tellurium Fungicides Herbicides Molybdenum 7 (22) Chlorides in concentrations greater than two hundred and fifty (250) mg/L. The City may permit discharge of chlorides greater than 250 mg/L provided the discharger requests such discharge in writing and the volume and concentration of chlorides discharged will not impair the treatment processes. D. Unless an exception is granted by the City, the City's sanitary sewer system shall be used by all persons discharging domestic wastewater, industrial wastewater and other polluted water. E. Unless authorized by the Texas Water Commission, no person may deposit or discharge any industrial waste, industrial wastewater or other polluted water on public or private property, or into or adjacent to any creek, drain, stream, storm sewer, or other area within the jurisdiction of the City. Section 16.4 - Garbage A. No person shall discharge garbage into the sewage system unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in the sewage system. Particles greater than one-half (1/2) inch in any dimension are prohibited. B. The City is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater. Section 16.5 - Discharges Requiring Traps A. Discharges requiring a trap include, but are not limited to those containing: (1) Grease or water containing grease in excessive amounts; (2) Oil; (3) Sand or gravel; (4) Other floatable or settleable materials, if required by the City. B. Any person responsible for discharges requiring a trap shall, at his own expense, and as required by the City: (1) Provide equipment and facilities of a type and capacity approved by the City; (2) Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; (3) Maintain the trap in effective and operating condition. Section 16.6 - Waste Hauling A. No person shall discharge, unload, drain, flush or clean out any wastewater transport truck, vacuum truck, pump truck, or other such vehicle within the city unless such person has been issued a permit by the City to perform such acts or services. All persons engaged in the commercial hauling of waste materials in the city shall have a permit therefor as required by this Ordinance. 8 B. Waste Hauling Permits shall be issued by the City upon proper application and payment of a ten dollar ($10.00) permit fee. All such permits shall be valid for one (1) year. C. No person holding a Waste Hauling Permit shall unload or discharge any waste or wastewater within the City except in a manner and at a place specified by the City. D. Before discharging under a Waste Hauling Permit, the City may require the permit holder to furnish a sample of material being discharged. Any material that is found not amenable to treatment shall not be discharged. E. Any person discharging normal strength wastewater into the sewage system shall be charged at the regular commercial sewer rates. Abnormal strength wastewater shall be charged an industrial/commercial surcharge rate. Section 16.7 - Excessive Discharge Prohibited No person shall increase the use of process water or, in any way, attempt to dilute a discharge as a substitute for adequate treatment, except as approved by the City. Section 16.8 - Industrial/Commercial Wastewater Discharge Permit Required A. No major industrial/commercial user shall discharge industrial wastes into the city sewage system without first obtaining a Wastewater Discharge Permit from the City. B. A permit may be required for any industrial or commercial user as deemed necessary by the City. C. All major industrial/commercial users presently connected to or discharging to the city sewage system shall apply for a permit within one hundred twenty (120) days after the effective date of this Ordinance. Section 16.9 - Permit Application Major industrial/commercial users required to obtain a Wastewater Discharge Permit shall complete and file with the Director, an application in the form prescribed by the City. A permit fee of twenty-five dollars ($25.00) shall accompany the application. New major industrial/commercial users shall apply at least ninety (90) days prior to connecting to the sewage system. In support of the application, the major industrial/commercial user shall submit the information requested by the application form. Section 16.10 - Permit Conditions A. Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other applicable regulations, user charges, and fees established by the City. Permits may contain the following: 9 (1) Limits on the average and maximum wastewater constituents and characteristics. (2) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization. (3) Specification for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedules. (4) Compliance schedules. (5) Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system. (6) Other conditions as deemed appropriate by the City. B. Permits shall be valid for one (1) year from date of issuance. A permit may be issued for a period less than one year or may be stated to expire on a specified date. The terms and conditions of the permit may be subject to modification by the City during the term of the permit. The user shall be informed of any proposed changes in the permit at least thirty (30) days prior to the effective date of change. C. The user shall apply for permit reissuance a minimum of ninety (90) days prior to expiration of the existing permit. D. Permits are issued to a specified user for a specific operation. A permit shall not be reassigned, transferred or sold to a new owner, new user, different premises, or a new or changed operation without approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. Section 16.11 - Permit Suspension or Revocation A. A permit issued under this Ordinance may be revoked or suspended when: (1) The permittee violates one or more of the provisions of this Ordinance or fails to comply with one or more conditions of a permit. (2) The permittee fails to factually report the constituents and/or characteristics of his wastewater discharge or significant changes in operations. (3) The permittee refuses reasonable access to his premises for the purpose of inspection, sampling or monitoring. (4) Such action is necessary to prevent harm or damage to the sewage system or treatment process, or to protect the health or welfare of persons, animals or property. B. The City may issue a written order suspending or revoking a permit for violations specified in this Ordinance. Such order shall state the nature of the violation and shall be served upon the permittee in person or by certified or registered mail. C. The City shall reinstate a suspended permit upon satisfactory proof from the permittee that corrective action has been taken to correct the conditions for which the permit was suspended. 10 D. A user whose permit has been revoked must apply for a new permit and comply with all provisions and conditions required as though a permit had not been issued. Section 16.12 - Procedures For Abatement of Violations A. Any person found to be violating any provisions of this Ordinance, shall be served by the City written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. If the offender continues violation after the expiration of time stated, the City may prohibit the further use of the sewage system by the offender and may remove or close the offender's sewage and water connections. B. Any person who shall continue any violations begond the time limit provided for in paragraph (A) above, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not less than one dollar ($1.00) nor more than one thousand ($1,000.00) dollars for each violation. Each day in which such violations exist shall be deemed a separate offense. C. In an emergency situation, as determined by the City, the City may immediately terminate sewer service and/or water service to any user. An emergency situation exists when it appears to the City that an actual or threatened discharge presents or may present an eminent or substantial danger to the health or welfare of person, substantial danger to the environment, interfere with the operation of the POTW, violate any limits imposed by this Ordinance or any Wastewater Discharge Permit issued pursuant to this Ordinance. D. Any person violating any of the provisions of this Article shall become liable to the City for any expense, loss or damage occasioned by the City for reason of such violation. Section 16.13 - Penalties A. A person who violates any provision of this Ordinance is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than one thousand dollars ($1,000.00) for each act in violation of any provision and for each day any violation occurs. B. Additionally, the City is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges or violating any other provisions of this Ordinance. Section 16.14 - Determining the Character and Concentration of Wastewater A. The wastewater discharged or deposited into the sewage system shall be subject to periodic inspection and sampling as often as may be deemed necessary by the City. Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the sewage system and determining the existence of hazards to health, life, property and the environment. 11 B. The examination and analyses of the characteristecs of water and wastes shall be: (1) Conducted in accordance with the latest edition of "Standard Methods," and (2) Determined from suitable samples taken at the control manhole provided or other control points authorized by the City. C. The City may select an independent firm or laboratory to perform sampling and laboratory analyses. D. The determination of the character and concentration of industrial wastewater shall be made by the City at such times and on such schedules as the City may establish. Section 16.15 - Sampling, Analyses, and Other Fees A. The City may make such charges as are reasonable for services rendered in administering the programs outlined in this ordinance. Such charges may include, but are not limited to; permitting activities, inspection, sample analysis, monitoring and enforcement. B. If the City selects and independent firm or laboratory to perform sampling and analyses, the City may at its option, allow the independent firm or laboratory to send invoices directly to the industrial/commercial users Eor services requested and approved by the City. Section 16.16 - Industrial/Commercial Wastewater Surcharge A. Any person discharging abnormal strength wastewater or any person classified as a major contributing industry or commercial firm under Section 16.8, shall pay a monthly surcharge to the City to cover the additional costs of treating such wastewater. The surcharge shall be in addition to the nomthly sewer service charges. B. The surcharge shall be calculated as follows: C=(B(Bu-250) + S(Su-250)] x F x V Where: C = surcharge to the user in dollars B = unit cost factor for treating one unit of BOD (per 1,000 gallons) Bu = the tested BOD of the discharge S = unit cost factor for treating one unit of TSS Su = the tested TSS of the discharge F = a factor of 8.34 to convert mg/L to pounds/gallon V = monthly billing volume (discharge) in million gallons 250 = 'normal" BOD of 250 mg/L and "normal" TSS of 250 mg/L 12 Section 16.17 - Inspection and Sampling A. Representatives of the City, the U. S. Envrionmental Protection Agency, the Texas Water Commission, and the Texas Department of Health, or any successor agency bearing proper credentials and identification, shall be permitted to enter upon all properties Eor the purpose of inspection, observation, measurement, sampling, records examination and testing of the sewage system or any wastewater dsicharged into the sewage system. B. If the City selects an independent firm or laboratory to perform sampling and analysis, representatives of the selected firm bearing proper identification shall be permitted the same access to property and facilities as representatives of the City. C. The City shall carry out all inspection and monitoring procedures necessary to determine compliance with applicable State and Federal regulations. Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security and fire protection. D. No person acting under authority of this provision may inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and wource of discharge to the sewage system. E. Except when caused by negligence or failure of a private establishment to maintain safe conditions, the City shall indemnify the private establishment against loss or damage to its property caused by City employees and against liability claims and demands Eor personal injury or property damage asserted against the private establishment and growing out of any inspection or monitoring operation. Section 16.18 - Control Manhole A. When necessary to monitor wastewater discharged into the sewage system, the City may require the installation of a suitable control manhole in order to adequately sample and measure such wastewater. Installation of such flow meters, equipment and accessories as deemed necessary by the City may also be required B. Required control manholes shall be located to provide ample room in or near the facility to allow accurate sampling and preparation of samples Eor analyses. The manhole and any required installed equipment shall be maintained by the user at all times in safe and proper operating condition. C. Before beginning construction of a control manhole, the user shall submit plans to the Director for review and approval to insure compliance with this section. Plans must include any meters or other equipment required to be installed. 13 Section 16.19 - Pretreatment Required A. Industrial/commercial users shall provide necessary wastewater treatment as required to comply with this Ordinance, Federal Categorical Pretreatment Standards, and any State or Federal pretreatment regulation. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the user's expense. B. Before beginning construction of pretreatment Facilities, the user shall submit detailed plans and operating procedures Eor the facility to the Director for review and approval. Th review of such plans and procedures will in no way relieve the user from the responsiblity of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Ordinance. C. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes. D. All records relating to compliance with the Categorical Pretreatment Standards shall be made available to officials of the City, State or Environmental Protection Agency upon request. E. The determination of the character and concentration of industrial wastewater shall be made by the City at such times and on such schedules as the City may establish. Section 16.20 - Falsifying Information Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance, shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) for each conviction. Section 16.21 - Accidental Discharges A. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Ordinance. Facilities to prevent accidental discharge of prohibited materials shall be provided, operated and maintained at the user's expense. B. In the case of an accidental discharge, the user is responsible to immediately telephone and notify the City of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. C. Within five (5) days following an accidental discharge, the user shall submit to the Director a written report describing the cause of the discharge and the action to be taken by the user to prevent similar future occurrences. This notification shall not relieve the user of any expense, loss, damage, fines, civil penalties, or other liablility which may be incurred as a result of the accidental discharge. 14 D. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a accident discharge. Users shall ensure that all employees who may cause such a discharge are advised of the emergency notification procedure. E. Each major industrial/commercial user shall submit detailed plans showing facilities and operating procedures to prevent accidental discharge of prohibited substances to the City for review and approval. Each existing major industrial/commercial user shall submit such plans with the dischrage permit application required by Section 16.9. After the effective date of this Ordinance, no major industrial/commercial user shall be permitted to commence discharging into the sewage system until accidental discharge procedures have been approved. F. Users identified in E. above shall not begin construction of any facilities to control accidental discharges until the plans are approved by the City. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this Ordinance. Section 16.22 - Confidential Information A. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. B. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Ordinance, the NPDES Permit, Texas Water Commission permit and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by a State or Federal agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. C. Information accepted by the City as confidential, shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the user. section 16.23 - Inventory of Toxic and Hazardous Chemicals A. Each industrial/commercial user regulated by this ordinance shall prepare an inventory (list) of all toxic or hazardous chemicals used or stored at their facilities. The inventory shall show the name of each chemical, quantity stored (or normally present), specific building or storage location within the facility, annual useage, and name and telephone number of person responsible for preparing the inventory. 15 B. The inventory shall be completed within one hundred twenty (120) days after the effective date of this ordinance. One copy of the inventory shall be mailed to the Director and one copy to the Fire Marshall, City of Wylie. Section 16.24 - Severability Clause The provisions of this Article are severable. If any word, phrase, clause, sentence, section, provision or part of this Article should be held to be invalid or unconstitutional, it shall not affect the validity of the remaining portions, and it is hereby declared to be the City's legislative intent that this Article would have been passed as to the remianing protions, regardless of the invalidity of any part. Section 16.25 - Conflict Ordinance No. 85-41 of the city is hereby repealed and all other Ordinances and parts of Ordinances in conflict with the provisions of the Ordinance are hereby repealed to the extent of such conflict. This ordinance shall be in full and effect after its passage, approval and publication as provided by law. The passage of this ordinance constitutes an emergency and an imperative Public necessity that the Charter Rule requiring that City Ordinances be read at three (3) separate meetings of the City Council be suspended and said rule is hereby suspended, and this ordinance shall take effect immediately upon its passage. Pass and approved on emergency reading at a regular meeting of the City Council on the day of , 1986 with all members present voting "aye" for the passage of same. APPROVED: Mayor ATTEST: City Secretary • FULBRIGHT & JAWORSKI 2001 Bryan Tower,Suits f100 Houston Dallas, Taxas,76201 Washington,aC Austin Tabphona:2141969-0022 San Antonio Dallas London Zurich October 9, 1986 VIA FEDERAL EXPRESS Mr . James Johnson Finance Director City of Wylie 108 South Jackson Wylie, Texas 75098 Re: Personal Property Finance Contract Dear Mr . Johnson: Enclosed please find a draft of the ordinance authoriz- ing the personal property finance contract and such contract . Both of the items here enclosed are in substantially the forms to be acted upon, subject to having the terms of the transac- tion filled in. Exhibit A will list the three ambulances to be ac- quired. Exhibit B will list the debt service which we under- stand will include $25, 000 for 1987 through 1989 and $30,000 for 1990 and 1991, together with interest payable semi-annually. Please call if you have any questions. Very truly yours, Mark S. Westergard For the Firm MSW/lc Enclosures • AN ORDINANCE approving and authorizing the execution of a Personal Property Finance Contract pertaining to the acquisition of personal property; providing for the payment of such Contract by levying a continuing direct annual ad valorem tax for the payment of payments thereunder and the delivery of a Note in evidence thereof; pledging certain funds, revenues and taxes to the payment of the contract obligation; resolving other matters incident and related to the payment of such Contract; and declaring an emergency. WHEREAS, the City Council of the City of Wylie, Texas (the "City") has determined that it is necessary to provide for the use, acquisition and purchase of certain personal property for use in its operations; and WHEREAS, to facilitate the acquisition of such property, the City Council has determined that it is desirable to enter into a Personal Property Finance Contract relating to the ac- quisition of such property (the "Contract") ; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings; Execution and Delivery of Contract . It is hereby found and determined that : (a) all of the property to be acquired under the Contract is personal property, and during the term of the Contract is to remain personal property; (b) the Contract, including its form as a personal property finance contract, and the terms and conditions thereof are deemed to be appropriate by this governing body; (c) the Contract shall be made payable from revenues, funds, and taxes, as permitted by Section 4(a) of the Public Property Finance, Act, Article 2368a.2 V.A.T.C.S. (the "Act") ; (d) the property to be acquired pursuant to the Contract will not be used in the trade or business of any per- son other than the City and none of the principal or interest on the Contract will be paid, directly or indirectly, by pay- ments from any person other than the City; (e) the City is a governmental unit with general taxing powers and the Contract will enable the City to finance operations of or facilities for the City (i .e. personal proper- ty required by the City) and the aggregate face amount of all governmental purpose obligations the interest on which is ex- empt from federal income tax issued by or on behalf of the City in 1986 will not exceed $5, 000, 000; and (f) the Contract is a Qualified Tax-Exempt Obligation for purposes of the disallowance rule with respect to interest expense of financial institutions . The execution and delivery of the Contract by the Mayor, substantially in the form attached hereto as Exhibit "A" , to facilitate the use, acquisition and purchase of the personal property described in Exhibit A to the Contract, all as autho- rized pursuant to the Act, is hereby authorized. The Mayor, City Secretary, City Manager, and Director of Finance, any one of the foregoing officials or all , are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the delivery of the Contract, the approval of the Attorney General and registration by the Comptroller of Public Accounts . The City Manager and the Director of Finance, either or both, are authorized to take such action as may be necessary to qualify the interest on the Contract as interest which is excludable from the gross income of the recipient thereof under the Internal Revenue Code. Specifically, without limitation, the City Manager and Director of Finance are delegated the power, acting on behalf of the City, to make representations and to make covenants to bind the City regarding the use and ownership of the property to be acquired, the use of the proceeds ad- vanced to the City pursuant to the Contract, the investment of any funds resulting from or pledged to the payment of the Contract and the yield on the Contract; insofar as such repre- sentations and covenants are required by law in order for the interest on the Contract to be excludable from the gross income of the recipient thereof under the Internal Revenue Code. SECTION 2 : Levy of Taxes . To provide for the payment of the "Debt Service Requirements" of the Contract being (i) the interest on the Contract and (ii) a sinking fund for pay- ment of the principal on the Contract as specified on Exhibit B to the Contract or a sinking fund of 2% (whichever amount is the greater) , there is hereby levied, and there shall be annu- ally assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hun- dred dollars ' valuation of taxable property in the City for the Debt Service Requirements of the Contract shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Contract until paid; full allowance being made for delinquen- cies and costs of collection; the taxes levied, assessed, and collected for and on account of the Contract shall be accounted for separate and apart from all other funds of the City and -2- j/5 shall be deposited in the "Special 1986 Personal Property Finance Contract Fund" (the " Interest and Sinking Fund" ) to be maintained at an official depository of the City' s funds; and such tax hereby levied, and to be assessed and collected annu- ally, is hereby pledged to the payment of the said Debt Service Requirements. Proper officers of the City are hereby authorized and directed to cause to be transferred to from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Contract as the same accrues or comes due; such transfers of funds to be made in such manner as will cause collected funds to be deposited with on or before each principal and interest payment date for the Contract . SECTION 3 : 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 4 : Emergency. That the public importance of this measure and the fact that the acquisition of the personal property pursuant to the Contract herein authorized are urgent- ly needed and should be acquired at the earliest possible date to preserve the health and safety of the City and its citizens constitutes and creates an emergency relating to the immediate preservation of the public peace, health and safety of the City and its citizens, requiring that any Charter provision that all ordinances and the descriptive caption thereof shall be read at two regular Council meetings be suspended and requiring that this ordinance be passed and take effect as an emergency mea- sure, and such rule is accordingly suspended and this ordinance is passed as an emergency measure and shall take effect and be in full force from and after its passage. PASSED AND ADOPTED, this , 1986 . CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary (City Seal) 2 2 4 8 E -3- PERSONAL PROPERTY FINANCE CONTRACT between and THE CITY OF WYLIE, TEXAS Dated as of October 1, 1986 Table of Contents Page Preamble 1 ARTICLE I DEFINITIONS AND EXHIBITS Section 1 . 1 Definitions 1 Section 1.2 Exhibits 3 ARTICLE II REPRESENTATIONS, COVENANTS AND WARRANTIES Section 2 . 1 Representations, Covenants and Warranties of the City 4 Section 2 .2 Representations, Covenants and Warranties of the Company 5 ARTICLE III CONTRACT FOR USE, ACQUISITION, OR PURCHASE OF PROPERTY Section 3 . 1 Contract for Use, Acquisition, or Purchase of Property 6 ARTICLE IV TERM OF CONTRACT Section 4 . 1 Contract Term 6 Section 4 .2 Termination of Contract 6 ARTICLE V CONTRACT PAYMENTS Section 5 . 1 Contract Payments 6 Section 5.2 Payment Obligation Unconditional 7 Section 5.3 Nature of Payments 7 ARTICLE VI INSURANCE AND INDEMNIFICATION Section 6 . 1 Liability Insurance 7 Section 6.2 Property Insurance 7 Section 6.3 Requirements For All Insurance 8 ARTICLE VII OTHER OBLIGATIONS OF THE CITY Section 7. 1 Use; Permits 8 Section 7 . 2 Maintenance of Property by the City 8 ARTICLE VIII TITLE Section 8 . 1 Title; Ownership in the City 8 Section 8 . 2 Identification of Property 8 Section 8 . 3 Liens 9 Section 8 .4 Installation of City' s Property 9 Section 8 . 5 Modification of Property 9 Section 8 . 6 Personal Property 10 Section 8 . 7 Uniform Commercial Code Filings 10 ARTICLE IX PROPERTY WARRANTIES Section 9 . 1 Selection of Property 10 Section 9 .2 Installation and Maintenance of Property 10 Section 9 .3 Disclaimer of Warranties 10 ARTICLE X COMPLIANCE WITH CODE; INTEREST TO BE AND REMAIN TAX-EXEMPT Section 10 . 1 Special Covenants 11 ARTICLE XI ASSIGNMENT AND LEASING PROHIBITED Section 11 . 1 Assignment and Leasing by the City Prohibited 12 ARTICLE XII EVENTS OF DEFAULT AND REMEDIES Section 12 . 1 Events of Default Defined 13 Section 12 .2 Remedies on Default 14 Section 12 .3 No Remedy Exclusive; 14 Section 12 .4 Agreement to Pay Attorney' s Fees and Expenses 14 ARTICLE XIII ADMINISTRATIVE PROVISIONS Section 13 . 1 Notices 15 Section 13 .2 Financial Information 15 Section 13 .3 Binding Effect 15 Section 13 .4 Severability 15 Section 13 . 5 Amendments, Changes and Modifications 15 Section 13 . 6 Captions 16 Section 13 . 7 Time of Essence 16 Section 13 . 8 Execution in Counterparts 16 Section 13 .9 No Usury 16 Section 13 . 10 Applicable Law 16 Section 13 . 11 Consent to Jurisdiction; Waiver of Immunities 16 Section 13 . 12 Entire Agreement 17 Signature Page 17 ************ EXHIBIT A Property EXHIBIT B Schedule of Payments EXHIBIT C Certificate of Acceptance EXHIBIT D The City' s Certificate of Representation and Incumbency EXHIBIT E Ordinance of the City Authorizing the Execution of the Contract EXHIBIT F Form of Contract Supplement EXHIBIT G Form of Note PERSONAL PROPERTY FINANCE CONTRACT THIS PERSONAL PROPERTY FINANCE CONTRACT dated as of October 1, 1986 (this "Contract") , between (the "Company" ) , a private corporation incorporated under the laws of the State of Texas, and the CITY OF WYLIE, TEXAS (the "City") , a political subdivision of the State of Texas; WITNESSET H: WHEREAS, the City is authorized by the Public Property Finance Act, Tex. Rev. Civ. Stat. Ann. art. 2368a . 2 (Vernon' s Supp. 1986) (the "Act") to execute, perform and make payments under contracts with any person for use, acquisition, or pur- chase of any property (as defined in the Act) ; NOW, THEREFORE, in the joint and mutual exercise of their powers , and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows : ARTICLE I DEFINITIONS AND EXHIBITS Section 1 . 1 Definitions . Unless the context other- wise requires, the terms defined in this Section shall, for all purposes of this Contract, have the meanings herein specified. "Additional Payment" means all amounts other than Payments payable by the City under this Contract . "Certificate of Acceptance" means a certificate of a Responsible Officer of the City, stating that all of the Property described therein has been acquired and accepted by the City, substantially in the form of Exhibit C of this Contract . In the event the City acquires Property in install- ments, a Certificate of Acceptance shall be executed with re- spect to each installment of Property. "City" means the political subdivision of the State identified as the City in the first paragraph of this Contract . "Closing Date" means the date upon which this Contract is delivered by the Company and the City and moneys are ad- vanced by the Company to the City pursuant to Section 3 . 1 of this Contract . "Code" means the Internal Revenue Code. "Collateral" means the Property wherever located and includes any modifications to, substitutions for or additions thereto. "Company" means the identified as the Company in the first paragraph of this Contract . "Contract" means this Personal Property Finance Contract, including all Exhibits , each Contract Supplement and all amendments or supplements thereto. "Contract Supplement" means a document in substantially the form attached hereto as Exhibit F, which, upon the execu- tion and delivery thereof, shall constitute a part of this Contract to the same extent as if the provisions thereof were set forth in full in this Contract. The terms "Contract" , "hereof" , "herein" and "hereunder" , as used in this Contract and a Contract Supplement, shall mean and refer to this Contract and a Contract Supplement . "Fiscal Year" means the twelve-month fiscal period of the City. "Indebtedness" means amounts due to the Company under this Contract, whether principal , interest, or otherwise. "Independent Counsel" means an attorney duly admitted to practice law before the highest court of any state who is not a full-time employee, director or officer of the Company or the City. "Net Proceeds" means any insurance proceeds paid with respect to the Property, remaining after payment therefrom of all expenses incurred in the collection thereof . "Payments" means the amounts payable by the City to the Company on each Payment Date as described on Exhibit B attached to this Contract which includes principal installment payments in the amount specified on Exhibit B and the amount of interest due thereon at the interest rate or rates, and in the amounts, specified on Exhibit B. "Permitted Encumbrances" means and includes : (a) The lien of this Contract . (b) Mechanic ' s, materialmen' s, workmen' s, vendor ' s, or other undetermined liens and charges -2- • incident to acquisition, installation or mainte- nance provided that the same shall be discharged in the ordinary course of business . (c) The lien of taxes and assessments which are not delinquent . (d) The lien of taxes and assessments which are delinquent but the amount or validity of which is being contested in good faith. "Property" means the personal property described on the attached Exhibit A which is to be acquired by the City in ac- cordance with the terms of law and this Contract . "Responsible Officer" means an officer or other person designated by official action of the governing body of the Company or the City, as the case may be, to act in the capacity of Responsible Officer for the designating party. "Specifications" means the bid specifications and/or purchase order pursuant to which the City has ordered the Property. "State" means the State of Texas . "State and Federal Law" or "Laws" means the Constitution and any law of the State and any rule or regulation of any agency or political subdivision of the State; and any law of the United States, and any rule or regulation of any federal agency. "Term" or "Term of this Contract" means in respect to this Contract, that period specified in Section 4 . 1 hereof . Section 1.2 Exhibits . The following Exhibits are attached to and by reference made a part of this Contract : Exhibit A: A description of the Property to be acquired by the City, including the serial number, if any, and invoice price thereof when available. Exhibit B: A schedule showing the dates on which Payments are due and the amounts thereof and each Payment Date. Exhibit C: A form of Certificate of Acceptance of the City indicating that the item or items of Property described therein has or have been deliv- ered and has or have been accepted by the City and -3- that certain other requirements have been met by the City. Exhibit D: A form of Certificate of Representations and Incumbency of the City relating to certain authorized representatives of the City and the authority, the offices or positions, signa- tures and qualifications of the persons executing on behalf of the City this Contract and other docu- ments relating thereto. Exhibit E: The ordinance of the City authoriz- ing execution of this Contract, as described in Section 2 . 1(b) hereof . Exhibit F: The form of Contract Supplement . Exhibit G: The form of the Note. ARTICLE II REPRESENTATIONS, COVENANTS AND WARRANTIES Section 2 . 1 Representations, Covenants and Warranties of the City. The City represents, covenants and warrants as follows : (a) The City is a political subdivision of the State authorized under the Constitution and laws of the State to enter into this Contract and the transactions contemplated hereby, and to perform all of its obligations hereunder . (b) The officer of the City executing this Contract has been duly authorized to execute and deliver this Contract by appropriate action of the governing body of the City, evidence of such action is attached hereto as Exhibit E, and the City has taken all action and complied with all applicable procedures necessary to insure enforceability of this Contract. (c) The City will not pledge, mortgage or assign this Contract, or its duties and obligations hereunder, to any other person, firm or corporation except as provided under the terms of this Contract . (d) The final budget for each Fiscal Year during the Term of this Contract shall set aside and appropriate an amount sufficient to pay the obligations of the City hereunder. -4- (e) Upon delivery and acceptance of each item of the Property, the City will provide to the Company a completed and executed copy of the Certificate of Acceptance attached hereto as Exhibit C. (f) Unless exempt by law, the City will comply with and satisfy all competitive bidding require- ments with respect to the acquisition and purchase of each item of Property. (g) To provide for the Payments, the City has levied a tax on all taxable property within the boundaries of the City, within the limitations prescribed by law, at a rate from year to year as will be ample and sufficient together with other funds and revenues available for the purpose to provide funds each year to pay the Payments, full allowance being made for delinquencies and costs of collection, and such tax together with other funds and revenues available for the purpose have been pledged to the payment of the Payments as the same shall become due and payable under this Contract, all as provided in the ordinance authorizing the execution of this Contract . (h) The duties of the officials of the City to do and perform the actions mentioned in paragraphs (d) and (g) of this section are ministerial duties, and that the tax levied and to be annually assessed and collected may not exceed the amount of tax permitted by applicable law. Notwithstanding any other provision of this Contract, the parties hereto recognize that para- graphs (d) , (g) , and (h) of this section prevail over any other provision of this document . Section 2 . 2 Representations, Covenants and Warranties of the Company. The Company represents, covenants and warrants as follows : (a) The Company is possessed of full power and authority to enter into this Contract . (b) Neither the execution and delivery of this Contract, nor the fulfillment of or compliance with the terms and conditions hereof, nor the consumma- tion of the transactions contemplated hereby, con- flicts with or results in a breach of the terms, -5- conditions or provisions of any restriction or any agreement or instrument to which the Company is now a party or by which the Company is bound, consti- tutes a default under any of the foregoing . ARTICLE III CONTRACT FOR USE, ACQUISITION, OR PURCHASE OF PROPERTY Section 3 . 1 Contract for Use, Acquisition, or Purchase of Property. The Company, for and in consideration of the Payments, and the covenants and agreements hereinafter contained, and by these presents, advances the principal amount specified on Exhibit B hereto, to the City for the purpose of acquiring the Property and the City accepts such principal amount and agrees to use such principal amount to acquire the Property and to make the Payments in the amounts, and bearing interest at the rates, specified on Exhibit B hereto. ARTICLE IV TERM OF CONTRACT Section 4 . 1 Contract Term. The term of this Contract shall commence on the Closing Date and expire on the later of the final payment date shown on Exhibit B or the date all Indebtedness is paid; provided this Contract may be terminated prior to such expiration date as provided in Section 4 . 2 hereof . Section 4 . 2 Termination of Contract. The Term of this Contract will terminate prior to the expiration thereof upon the occurrence of a default by the City and the Company' s election to terminate this Contract pursuant to Article XII . ARTICLE V CONTRACT PAYMENTS Section 5 . 1 Contract Payments . As provided in Section 3 . 1 and this Article, the City agrees to pay Payments (including principal payments and interest on the unpaid prin- cipal) for the Term of this Contract and in evidence thereof will deliver to the Company a Note in substantially the form attached hereto as Exhibit G . Payments shall be due in the amounts shown on Exhibit B attached hereto and shall be payable to the Company on or before the Payment Date during the Term of this Contract. -6- • ��1 Section 5 . 2 Payment Obligation Unconditional . The obligation of the City to pay Payments pursuant to this Contract is absolute and unconditional and is not subject to offset or abatement for any reason whatsoever . Section 5 . 3 Nature of Payments . The aggregate of the Payments due over the Term of this Contract is represented and acknowledged by the City to be debt of the City incurred by the City in the exercise of its borrowing power and due and proper provision for the payment of such debt has been duly made by the levy of an ad valorem tax upon all taxable property in the City, within the limitations prescribed by law. ARTICLE VI INSURANCE AND INDEMNIFICATION Section 6 . 1 Liability Insurance. Upon receipt and acceptance of the Property, (to the extent that such risk is not barred by the Texas Tort Claim Act) the City shall obtain insurance, or shall self-insure, in an amount sufficient to assure that any liability for injuries to or death of any per- son or damage to or loss of property arising out of or in any way relating to the condition or the operation of the Property or any part thereof is covered. Section 6 . 2 Property Insurance. In a manner consis- tent with State law, upon receipt of possession of the Property, the City shall have and assume the risk of loss with respect thereto . The City shall obtain and maintain continu- ously in effect during the Term of this Contract, including any extensions , from whatever source legally available (including self-insurance) , all-risk insurance (including flood and earth- quake coverage, if applicable) . If any such policy is obtained or caused to be obtained from a private insurer, then such coverage is subject only to the standard exclusions contained in the policy, in such amount as will be at least sufficient so that a claim may be made for the full replacement cost or any part thereof damaged or destroyed. Such insurance may be pro- vided by a rider to an existing policy or under a separate policy. Such insurance may be written with customary deducti- ble amounts . The Net Proceeds of insurance required by this Section shall be applied to the prompt repair, restoration or replacement of the Property, unless the City elects not to repair, restore or replace the Property in which case the Net Proceeds will be applied to the Payments due hereunder in in- verse order of due date. If the City elects to have the pro- ceeds applied to the repair, restoration and replacement of Property, then any Net Proceeds in excess of the costs of the repair, restoration or replacement shall be applied as a credit -7- �LO to the Payments due hereunder in inverse order of due date. Any remaining Net Proceeds shall be applied to amounts due the Company, thereafter to the City. Section 6 . 3 Requirements For All Insurance. All insurance policies including all applicable riders, addenda, clauses or otherwise, required by this Article shall be ob- tained from and maintained with responsible insurance companies qualified to do business in the State; and shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to the insured parties at least ten (10) days before the cancellation or revision becomes effective. All insurance policies, riders, addenda, clauses or letters of coverage required by Section 6 . 1 and 6 . 2 shall name the City, as insured party. ARTICLE VII OTHER OBLIGATIONS OF THE CITY Section 7. 1 Use; Permits . The City shall exercise due care in the installation, use, operation and maintenance of the Property. The City shall comply with all State and Federal laws applicable to the installation, use, possession and opera- tion of the Property, and if compliance with any such State and Federal law requires changes or additions to be made to the Property, such changes or additions shall be made by the City at its expense. Section 7.2 Maintenance of Property by the City. The City shall , at its own expense, maintain, preserve and keep the Property in good repair, working order and condition, and shall from time to time make all repairs and replacements necessary to keep the Property in such condition. The Company shall have no responsibility for any such repairs or replacements, or with respect to any warranty or other terms of the sale and purchase thereof from the original supplier of the Property. ARTICLE VIII TITLE Section 8. 1 Title; Ownership in the City. During the Term of this Contract, title to and ownership of the Property and any and all repairs, replacements , substitutions and modi- fications of the Property shall be in the City. Section 8.2 Identification of Property. The City will join with the Company in executing such financing state- ments or other documents and will perform such acts as the -8- Company may reasonably request to establish and evidence any security interest of the Company in the Property. If requested by the Company, the City shall conspicuously mark the Property with appropriate lettering, labels or tags, and maintain such markings during the Term of this Contract . Section 8 . 3 Liens . During the Term of this Contract, the City shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Property, other than the respective rights of the Company and the City as here- in provided and Permitted Encumbrances . The City shall prompt- ly, at its own expense, take such action as may be necessary to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim if the same shall arise at any time. The City shall reimburse the Company for any expense incurred by the Company in order to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim. Section 8 .4 Installation of City' s Property. The City may at any time and from time to time, in its sole discre- tion and at its own expense, install other items of equipment in or upon the Property, which items shall be identified by tags or other symbols affixed thereto as property of the City. All such items so identified shall remain the sole property of the City, in which the Company shall have no interest, and may be modified or removed by the City at any time provided that the City shall repair and restore any and all damage to the Property resulting from the installation, modification or re- moval of any such items . Nothing in this Contract shall pre- vent the City from purchasing items to be installed pursuant to this Section under a conditional sale or lease with option to purchase contract, or subject to a vendor ' s lien or security agreement, as security for the unpaid portion of the purchase price thereof, provided that no such lien or security interest shall attach to any part of the Property. Additions to Property not readily removable without causing substantial damage or loss of value to the Property or any items not remov- able as aforesaid shall constitute Property hereunder . Section 8 .5 Modification of Property. The City shall, at its own expense, and in addition to but not in limi- tation of its obligations under Section 7 .2 , have the right to make repairs to the Property, and to make repairs, replace- ments, substitutions and modifications to all or any of the parts thereof . All such work and any part or component used or installed to make a repair or as a replacement, substitution or modification, shall thereafter comprise part of the Property and be subject to the provisions of this Contract . Such work shall not in any way damage the Property; and the Property, -9- ci upon completion of any such work shall be of a value which is not less than the value of the Property immediately prior to the commencement of such work. Any Property for which a re- placement or substitution is made pursuant to this Section may be disposed of by the City in such manner and on such terms as are determined by the City. The City will not permit any me- chanic' s or other lien to be established or remain against the Property for labor or materials furnished in connection with any repair, replacement, substitution or modification made by the City pursuant to this Section. Section 8. 6 Personal Property. The Property is and shall at all times be and remain personal property. The Property or any part thereof may not be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any building thereon or attached in any manner that will cause the same to be considered a part of the realty under State law. Section 8 . 7 Uniform Commercial Code Filings . Simul- taneously with the exception and delivery of this Contract, the City has executed and delivered two UCC-1 Financing Statements, one to be filed in the Office of the Secretary of State for the State of Texas and the other to be filed in the Office of the County Clerk for the county in which the Property will be lo- cated. The City covenants and agrees that it will execute and deliver any additional UCC-1 Financing Statements required by the Company in connection with this Contract. ARTICLE IX PROPERTY WARRANTIES Section 9 . 1 Selection of Property. The Property has been selected by the City, and the Company has not had and shall have no responsibility in connection with the selection of the Property or its suitability for the use intended by the City. Section 9 .2 Installation and Maintenance of Property. The Company shall have no obligation to install, erect, test, inspect, service or maintain the Property under any circum- stances, and any such obligation or obligations provided under the terms of the purchase and sale thereof, shall be assumed by the City. Section 9 .3 Disclaimer of Warranties . INSOFAR AS THE COMPANY IS CONCERNED, THE PROPERTY IS DELIVERED AS IS, AND THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, -10- FITNESS OR USEFULNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY OF THE PROPERTY, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROPERTY. NO BREACH OF WARRANTY SHALL AFFECT THE OBLIGATION OF THE CITY TO REMIT THE PAYMENTS PRESCRIBED HEREUNDER. THIS DISCLAIMER IS GIVEN BY THE COMPANY ONLY AND IS NOT INTENDED, NOR SHALL IT BE CONSTRUED, TO AMEND, MODIFY OR OTHERWISE AFFECT THE GUARANTEES AND WARRANTIES, IF ANY, PROVIDED BY THE MANUFACTURER, WHOLESALE DISTRIBUTOR, OR ANY OTHER PARTY WITH RESPECT TO THE PROPERTY. ARTICLE X COMPLIANCE WITH CODE; INTEREST TO BE AND REMAIN TAX-EXEMPT Section 10 . 1 Special Covenants . It is the intent of the parties to this Contract that the interest on this Contract be and remain excludable from the gross income of the recipient thereof under Sections 103 and 141 through 150 of the Internal Revenue Code of 1986 . The City agrees to take all action nec- essary and reasonably within its control to comply with such sections of such Code and covenants, without limiting the gen- eral covenant of compliance herein, specifically as follows : (1) None of the proceeds of the Contract will be used (directly or indirectly) in any trade or business carried on by any person other than the City; (2) The City will be the owner of the Property and no person other than the City will have actual or beneficial use of the Property pursuant to a lease, a management or incentive payment contract or any other arrangement such as a take-or-pay or other output-type contract; (3) None of the payments of principal or in- terest on the Contract are to be made (directly or indirectly, and whether or not to the City) with respect to a trade or business use of the Contract proceeds, or are otherwise secured by payments or property used in a trade or business of a person other than the City; (4) The principal of and interest on the Contract are payable from revenues collected from the tax levied by the Ordinance, a form of which is attached hereto as Exhibit E, and such tax is a generally applicable tax levied and to be assessed and collected against all taxable property within the City as described in the Ordinance; -11- ZD() (5) The Ordinance authorizes and directs the City Manager and Director of Finance to make repre- sentations and covenants to bind the City which are required by law in order for the interest on the Contract to be excludable from the gross income of the recipient thereof under the Internal Revenue Code of 1986 and the City will comply with such representations and covenants and will not take any subsequent intentional actions after the Closing Date to earn arbitrage; (6) The City will not issue, and will not authorize the issuance by any other governmental unit subordinate to it under applicable State or local law of, more than $5,000,000 in governmental bonds (or any other evidence of indebtedness in- curred pursuant to the borrowing power of the City) during 1986, the calendar year during which the Closing Date will occur; and (7) No assignment or reassignment of any of the Company' s right, title or interest in this Contract or the Property shall be effective unless and until the City shall have received a duplicate original counterpart of the document by which the assignment or reassignment is made, disclosing the name and address of each such assignee; provided, however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of certificates of participation in the Contract, it shall thereafter be sufficient that a copy of the agency agreement shall have been depos- ited with the City until the City shall have been advised that such agency agreement is no longer in effect . During the Contract term the City shall keep a complete and accurate record of all such assignments in form necessary to comply with the "bond registration requirements" of the Internal Revenue Code of 1986 (as formerly codified in Section 103(j ) of the Internal Revenue Code of 1954, and as amended by such 1986 Code) , and the regulations, proposed or existing, from time to time promulgated thereunder . ARTICLE XI ASSIGNMENT AND LEASING BY CITY PROHIBITED Section 11. 1 Assignment and Leasing by the City Prohibited. Neither this Contract nor the City' s interest in the Property may be assigned or leased by the City. -12- 6 / ARTICLE XII EVENTS OF DEFAULT AND REMEDIES Section 12 . 1 Events of Default Defined. The following "events of default" under this Contract and the terms "events of default" and "default" shall mean, whenever they are used in this Contract, any one or more of the following events : (i) Failure by the City to pay any Payment on or before its due date. (ii) Failure by the City to pay any Additional Payment at the time specified herein or failure by the City to observe and perform any covenant, condition or agreement on its part to be observed or performed and in any such case (other than as referred to in Clause (i) of this Section) , the continuation of said failure for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied has been given by the Company to the City, unless the Company shall agree in writing to an extension of such time prior to its expiration. (iii) Any representation or warranty herein by the City shall prove to have been inaccu- rate in any material respect when made. (iv) The filing by the City of a voluntary petition in bankruptcy, or failure by the City promptly to lift any execution, gar- nishment or attachment of such consequence as would impair the ability of the City to carry on its governmental or proprietary function, or adjudication of the City as a bankrupt, or assignment by the City for the benefit of creditors, or the entry by the City into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition applicable to the City in any proceedings instituted under the provisions of the Federal Bankruptcy Code, as amended, or under any similar acts which may hereafter be enacted. -13- C.D � Section 12 . 2 Remedies on Default . Whenever any event of default referred to in Section 12 . 1 hereof shall have hap- pened and be continuing, the Company shall have the right, at its option and without any further demand or notice, to take one or any combination of the following remedial steps : (i) By written notice to the City, declare an amount equal to the unpaid principal amount together with interest thereon at the rate specified therefor to the payment date specified in this Clause to be imme- diately due and payable on the third busi- ness day after the taxes levied by the next annual tax levy of the City become delinquent, whereupon such amount shall become due and payable on such date; (ii) As a supplement to or as an alternative to the foregoing remedy, the Company may institute a mandamus action to require the City to comply with the covenants made by the City herein, the satisfaction of the remedies herein provided, and the ordi- nance which is attached as Exhibit E. Section 12 . 3 No Remedy Exclusive. No remedy conferred upon or reserved to the Company by this Article is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract. 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 thereby but any such right and power may be exercised from time to time and as often as may be deemed expedient by the Company or its assignee. Section 12 .4 Agreement to Pay Attorney' s Fees and Expenses . In the event the Company or the City should default under any of the provisions hereof and the nondefaulting party should employ attorneys and/or incur other expenses for the collection of moneys or for the enforcement of performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to the nondefaulting party the reasonable expenses so incurred by the nondefaulting par- ty. Any payments required to be made by the City pursuant to this Section shall be due and payable on the third business day after the taxes levied by the next annual tax levy of the City become delinquent . -14- ARTICLE XIII ADMINISTRATIVE PROVISIONS Section 13 . 1 Notices . All notices, certificates, legal opinions or other communications hereunder shall be suf- ficiently given if given in writing by (a) personal delivery, or (b) expedited delivery service with proof of delivery, or (c) United States mail, certified or registered form, postage fully prepaid, return receipt requested, or (d) prepaid tele- gram or telex (provided that such telegram or telex is con- firmed by expedited delivery service or by mail in the manner previously described) , sent to the addresses set forth opposite the signatures on the signature page of this Contract ; provided that the Company or the City by notice given hereunder, may designate different addresses to which subsequent notices, certificates, legal opinions or other communications will be sent . All notices, certificates, legal opinions or other com- munications given in accordance herewith shall be deemed to have been given at the time of personal delivery, or, in the case of expedited delivery service or mail , as of the date of first attempted delivery at the address and in the manner pro- vided herein, or, in the case of telegram or telex, upon receipt . Section 13 . 2 Financial Information. During the Term of this Contract, the City annually will provide the Company with current financial statements, budgets, proof of compliance with the covenant with respect to the appropriation and budget- ing for the ensuing Fiscal Year and such other financial infor- mation relating to the ability of the City to continue this Contract as may reasonably be requested by the Company or its assignee. Section 13 .3 Binding Effect. This Contract shall inure to the benefit of and shall be binding upon the Company and the City and their respective successors and assigns . Section 13 . 4 Severability. In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invali- date or render unenforceable any other provision hereof . Section 13 . 5 Amendments, Changes and Modifications. This Contract may be amended by agreement between the Company and the City only as provided in this Section. This Contract may not be changed or terminated orally or in any manner other than by agreement in writing and signed by the party against whom enforcement of the change or termination is sought . -15- Section 13 . 6 Captions . The captions or headings in this Contract are for convenience only and in no way define, limit or describe the scope or intent of any provision, Article, Section or Clause of this Contract . Section 13 . 7 Time of Essence. Time is of the essence of this Contract. Section 13 . 8 Execution in Counterparts. This Contract may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 13 . 9 No Usury. Any provisions contained here- in to the contrary notwithstanding, the Company shall not be entitled to receive or collect, nor shall the City be obligated to pay, interest on any amounts owing to the Company pursuant to this Contract in excess of the maximum rate of interest permitted by applicable law, and if any provision herein shall ever be construed or held to permit the collection or to re- quire the payment of any amount of interest in excess of that permitted by applicable law, the provisions of this Section 13 . 9 shall control and shall override any contrary or inconsis- tent provision herein. The intention of the parties being to conform strictly to the usury limitations under applicable law, this Contract shall be held subject to reduction to the amount allowed under said applicable law as now or hereafter construed by the courts having jurisdiction. The term "applicable law" as used in this section shall mean the law of the State of Texas or the law of the United States, whichever law allows the greater rate of interest , as such laws now exist or may be changed or amended or come into effect in the future. Section 13 . 10 Applicable Law. This Contract shall be governed by and construed in accordance with the laws of the State. Section 13 . 11 Consent to Jurisdiction; Waiver of Immunities . (a) In any action or proceeding arising out of or relating to this Contract, the City hereby irre- vocably submits to the jurisdiction of any state or federal court sitting in the county of the State in which county the Company resides, and the City hereby irrevocably agrees that all claims in re- spect of such action or proceeding may be heard and determined in such Texas State or Federal court . The City hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an -16- Co� inconvenient forum to the maintenance of such ac- tion or proceeding. (b) Nothing contained in subsection 13 . 12(a) above shall affect the right of the Company to bring any action or proceeding against the City in the courts of any other jurisdictions . (c) To the extent that the City has or here- after may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its proper- ty, the City hereby irrevocably waives such immuni- ty in respect of its obligation under this Contract . Section 13 . 12 Entire Agreement. This Contract sets forth the entire agreement between the parties and cancels all prior negotiations, arrangements, brochures, agreements, and understandings, if any, between the Company and the City re- garding the subject matter of this Contract . IN WITNESS WHEREOF, the Company has executed this Contract; and the City has caused this Contract to be executed in its name by its duly authorized officer, as of the date first above written. Address : By Title CITY OF WYLIE, TEXAS, Address : By Title: 2 2 8 /E -17- EXHIBIT A PROPERTY The Property which is the subject of the attached Personal Property Finance Contract is as follows: Serial Invoice Quantity Description Number Price EXHIBIT B SCHEDULE OF PAYMENTS Total Principal Amount Advanced: $ Interest on the unpaid principal amount accrues (based on a 360-day year of twelve 30-day months) from the Closing Date. The Closing Date is Due Principal Interest Interest Total Date Amount Due Rate Amount Due Amount Due * TOTAL * *Subject to calculation. The amount of interest due on the first Due Date will be calculated at the rates shown above on the principal amount shown above from the Closing Date to the first Due Date shown above. This amount and the Total Amount Due are to be completed by a Responsible Officer of the City as authorized by the Ordinance authorizing this Contract . EXHIBIT C CERTIFICATE OF ACCEPTANCE I, the undersigned, hereby certify that I am the duly qualified and acting of ("the City" ) with respect to the Personal Property Finance Contract dated as of September 1, 1986 (the "Contract" ) , by and between the City and First Southwest Company ( "the Company") , and that: 1 . The Property described on Attachment I hereto is Property described in the Contract (the "Property" ) and has 'been delivered and has been accepted by the City. 2 . The City is exempt from all personal property taxes, and is exempt from sales and/or use taxes with respect to the Property and the Payments. 3 . All public bidding requirements, if applicable, have been satisfied with respect to the Property described on Attachment I , and there is no litigation, action, suit or pro- ceeding pending or before any court, administrative agency, arbitrator or governmental body, known to the undersigned after reasonable inquiry, that challenges the authority of the City or its officers or employees to enter into the Contract; the proper authorization, approval and execution of the Contract and other documents contemplated thereby; the levy of taxes and the appropriation of revenues and funds available for the pur- pose, or the pledge of such taxes, revenues or funds to the payment of the Payments , or any other action taken by the City to provide moneys sufficient to make Payments coming due under the Contract; the ability of the City otherwise to perform its obligations under the Contract and the transactions contem- plated thereby; or the acquisition of or bidding procedures with respect to, the Property described on Attachment I . Dated: , 19 By: Its To be executed by one of the following: eo EXHIBIT D THE CITY'S CERTIFICATE OF REPRESENTATION AND INCUMBENCY I, the undersigned, being duly sworn hereby certify and state that I am the duly qualified and acting of the City of Wylie, Texas ("the City" ) ; and, with respect to the Personal Property Finance Contract dated as of 1, 1986 ("Contract") , by and between the City and ("the Company" ) , I further certify, as follows: 1. That the total principal amount of indebtedness of the City, including the proposed $ PERSONAL PROPERTY FINANCE CONTRACT, dated as of September 1, 1986, pay- able from ad valorem taxes levied and collected by the City is as follows : OUTSTANDING INDEBTEDNESS $ PERSONAL PROPERTY FINANCE CONTRACT $ TOTAL INDEBTEDNESS $ 2 . That a debt service requirement schedule for the City' s above described outstanding indebtedness as well as the proposed $ PERSONAL PROPERTY FINANCE CONTRACT, dated as of September 1, 1986, is attached hereto as Exhibit A and made a part of this certificate for all purposes . 3 . That said City is incorporated under the General Laws of the State of Texas, and is operating under the Home Rule Amendment to the Texas Constitution, Section 5 , Article XI , as amended in 1912; the City Charter was adopted at an election held in said City for that purpose on the day of , and was amended at elections held on , and has not been amended in any respect since 4 . That the assessed value of all taxable property (net of exemptions) in the City, as shown by the tax rolls for the year 1986, and which have been duly approved and are the latest official assessment of taxable property in the City is as follows : TOTAL ASSESSED TAXABLE VALUES OF REAL AND PERSONAL PROPERTY $ '7O 5 . That I am well acquainted with the persons listed below and with their signatures; that said persons hold the respective offices or positions set forth opposite their signatures below; that the signatures below written are true and correct signatures of said persons; and that as of the date of execution of the Contract or other documents relating there- to by any of said persons, such persons were duly qualified and acting as the officers or position holders indicated below and duly authorized to execute the same: Name Office or Position Signature Mayor City Secretary City Manager Director of Finance CITY OF WYLIE, TEXAS By: Mayor, City of Wylie, Texas SUBSCRIBED AND SWORN TO BEFORE ME this day of , 1986 . Notary Public My Commission Expires: EXHIBIT E (The ordinance of the City authorizing the execution of the Contract) EXHIBIT F (The form of Contract Supplement) 7 EXHIBIT G (The form of the Note) MEMORANDUM DATE: October 10, 1986 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. , P. E. , City Engineer ' �' Al—, SUBJECT: School Zones On Tuesday, October 7, 1986, I met with two members of the Traffic Section of the State Department of Highways and Public Transportation relative to the status of the flashing lights requested at the Birmingham Elementary School on West Brown (FM 3412) . The discussion evolved into a discussion of all school zones within the City of Wylie and the following is a summary of those discussions. 1 . The flashing lights for the Birmingham Elementary School Zone are part of a construction program of the SDH & PT to be accomplished during the next year. The flashing lights should be in place for the school year 1987-88. 2. The non-flashing school zone signs for the Birmingham Elementary School are to be extended west and east to provide a zone length of 1000 feet. The attached resolution has been prepared for action by the City Council to accomplish the extended zone length and provide a 20 mile per hour limit rather than the present 25 mile per hour limit. It is recommended by the Engineering Staff that the Resolution be passed. 3. There will be no change in the 25 mile per hour school zone on State Highway 78 as long as any WISD student can live northwest of the highway and walk to either the Middle School or High School and there by crossing State Highway 78 at Birmingham Street. 4. The school zone sign on East Stone (FM 544) will be moved just East of Thomas Street and West of Dogwood Drive for greater protection. There will be no change in the sign that is just East of Ballard Street since the zone is protected at this location by the four-way stop at Stone Road and Ballard Street. 5. The overall speed zone along East Stone Road (FM 544) and South FM 544 is under study by the SDH & PT and will be adjusted as to the location of the 30 mile per hour section, the 40 mile per hour section and the 55 mile per hour section. - ' Lira IS - - • a-.LL'.. UF SELIION - SIREEI ., UR PARTS uF DINANLL',' AND PROVICING A PENALTY OF - ' FOR HE V1ULTION JP THIS ' - 1eXas _ the governing body of the LJ,,Asls an engineering 7:hat any prima facie s7.ii-ieed therein set ':"nan is -eaadna!i.Dle safe - - 7 to exist at any intersection or cf lh4 ...T-,,f Within -....dmsideratidn; i condition .nd tHe- .:Jir:d.:J.rnstances cn sLich poi Lion of . - n-fT . m:ay determine a;—.1 declare a - - a sdeed iimit thereat or re rected at such iht.a dart Df tne Etret or ;a:17Y COUNCiE 2F IHE CT.I1--1- OF Upoin ...ffic investigation heretofore M,:?Cie by the prdvisic!-.s of Section 169 (b) of Art..1 -, ,-/ rnEDflS St,i-AUt9S , the limjts hereater ihdicated for ane d ,..7.1 ,:--:6' ad to be re&sonable a: hi..;reloy at the rate of sp.sed t .a.velimg upon thP named ,LLL rArtc thOre0+ d!,-.7.scribed as :1F: THE -ITY OF date tne paasage of _ iTo motor vehifolc.i, shall be Hignway Nd. :3412 (V.I. Brown the Cit.: of Wylie in ifl pc3int (: - . of) 431+00) F!'! in • a FM f42fc.A. a distrca of 1 . 039 H.. a MILE PER HUIIF.'. in i-7,n E,=:,.stery direction - i1 ; ccrped LH HIEEE WHEN 'SO SiuNED FOR FM WESTBOUND FM 341/ in an er y Oirection for a distarce of 0. b99 riles , : / , said pcinn ,Station 543+90/ teing at � - z 78, a 'naximum speed of 30 MILES PER The Kwy� c 71 �v of Wylie in hereby authorized to cause e/ n'- ` �' o—priare signs inaicating s'.cr speed zone. SECIIIA z . It:, / sf L�e provisions of this ordinance �-ilty o+ * misdemeanor and upon conviction ther2_f nna; .= fired ik aqy sum qut to exceed [wo Hundred FASSTL A/J AF&R.j2D fH13 THE DAY OF A. D. | vq ' ----------------------- ------- ice B. Fulgham, Moyor Pro-tem City of Wylie, lexas .^. �7T. ______________________________ city Secretary City of �111e9 A�nVE� �Z 'n LE21L 73RM: __________________________ ____ L ±-' o/.nn . LZ> sj� _ Eity Actorney City cf !lie, Tsxas --------------- _______________ 3-, �/' Fap, -s , 21Ly manager- City " T �/! ! O , 1 _________________________ City Secretary of the City of ki1 . n , | e^.v , hereby certify that the above and foregoing is a tr �e ard cw pct copy of Drdinance No. _______ , adrpted by Lhn Cl �> Lc"noli of the City of Wylie. Texas on A. D. , 1986. lo cerri +y °nzck , witness my hand and seal o+ office this _ dsy of _______________, A. D. , 1986. ____________________________________ Carc� i '. j.n�, , �� t / Secretary / y • POLICE PATROL UNITS SPECIFICATIONS 1.) Specifications listed below are minimum requirements and are intended to govern, in general, the size and type of vehicle desired. 2.) Bidder shall fill in all information requested in the blanks provided under each item. Failure to completely describe the equipment bidding may result in rejection of your bid. The City of Wylie reserves the right to evaluate variations from these specifications. MODEL: Specify Make and Series Model ENGINE: Engine torque rating not less than 250 ft.lbs at 2,400 RPM. Piston displacement shall be not less than 318 cubic inch. This V-8 engine must be the highest performing Police Special package available with four barrel carburetor. It must meet all Federal and State emission standards for the current year. No alteration of engine or exhaust system by new car dealers or private muffler shops will be accepted. Any engine modi- fications for higher performance intended for law enforcement use must be made on the assembly line of the new car menu- ' facturer. These alterations may include electronic fuel injection turbo charging, dual exhaust or higher performance cam shaft with or without catalytic converters, if available from the factory for the current year. Describe: torque rating; displacement. Factory installed dual exhaust. ELECTRICAL SYSTEM: The trunk and hood will have courtesy lighting. The charging system will be heavy duty alternator with transistor regula- tor rated at not less than 100 Amp output with heavy duty battery rated at not less than 90 Amp hours. Shall have full dash instruments, no warning lights. Describe: Amp battery; Amp alternator. WHEELS: Shall have five (5) 15 X 7.0 JJ heavy duty wheels. No space saver spare. Wheel rims must have cooling slots. Describe: size. 0oI1ca Patrol use.. Page 2 TIRES: Shall have five (5) P215/70R15 or larger, glass belted, . Police Special , radial tubeless blackwall. Describe: tire size. WHEELBASE: Shall not be less than 112 inches. Describe: inch wheelbase. BODY STYLE AND`'TRIM: The body shall be a 4-door sedan with middle-of-the-line trim and chrome moldings. STANDARD AND EXTRA ':' EQUIPMENT: Standard equipment required by Federal Highway Safety Act or furnished as original equipment: , 1. Dual.horns 2. Dual`:back up lights , -4 3.: Dual windshield wipers-2 speed or greater -- 4• Windshield washers 5. Parking brake warning light and side marker .x ;5; lights 6. Hazard-warning light system 7. Foam seat cushions, front & rear 8. Arm rest,.front-& rear 9. Ash:`receivers, Tfront & ,rear 10. : Padded sun visors, left & right 11. Head restraints, left and right, front seat 12. Mirrors -day `& night, inside rear view 13. Seat belts, 2 front & 2 rear, non retractable } 3 14. Shoulder belts,=front, left.& right 15. Inside 'hood release 16. Padded instrument panel 17. Dual master cylinder with warning light and power booster 18. Energy absorbing steering wheel 19. Windshield defroster 20. Starter safety switch (automatics only) 21. Anti-theft' ignition key with warning buzzer & locking steering wheel _ 22. Energy absorbing bumper system - 23. Full flow oil filter-one quart capacity 24. Dry air cleaner-heavy duty 25. Turn indicators & direction lights 26. Emission control equipment to comply with current year Federal Clean Air Act. Extra equipment not furnished as standard equipment: 1. Speedometer-certified and calibrated to minimum 120 mph Page 3 • • Extra equipment (continued) 2. Heavy duty seat and seat back springs with all vinyl covers 3. Heavy duty black rubber floor mats-front & rear 4. Remote control driver side mirror 5. Remote control right side mirror 6. Three-speed automatic transmission, heavy duty 7. Engine oil cooler 8. Front sway bar 9. Extra heavy duty rear leaf springs 10. Heavy duty front & rear shock absorbers '- 11 . Fan shroud 12. High capacity heavy duty radiator 13. High capacity fan (7 blade with slip drive or variable pitch blades) 14. Power brakes (disc on front wheels) 15. Rear cross-member reinforcement 16. Large deluxe air conditioner & fresh air heater 17. Special reading type dome light mounted between sun-visors 18. Cigar lighter 19. One spot light, 6" diameter, factory mounted on left cowl post 20. Universal single key for all locks on car 21. AM radio 22. Front & rear bumper guards 23. Tinted windows 24. Screw-on type side molding, length of body 25. Power steering 26. Oil Gauge (not oil light) COLOR: White DELIVERY TIME: Describe: week delivery date from date of order. WARRANTY: Vehicle(s) bid under this proposal shall enjoy the same warranty period as that of a standard production model. Specifications • Police Patrol Unit Page 4 • SPECIAL CONDITIONS: The undersigned hereby certifies that he understands all the specifications enumerated herein and has read them carefully and will deliver and furnish all articles or services speci- fied in this specification. Bidder shall return one copy of this specification completed in full and signed. FIRM NAME SUBMITTING BID: SIGNATURE OF AUTHORIZED REPRESENTATIVE: NAME AND TITLE OF AUTHORIZED REPRESENtATIVEt ADDRESS: CITY/STATE • .. .y TELEPHONE: ; ' , ,BID: UNIT PRICE: ;x EXTENDED PRICE: TERMS: % cash discount if paid within days from delivery and acceptance of" oods or coupletfo service. 17, • SPECIFICATION FOR FIRE FIGHTING CLOTHING MUST BE GLOBE ASTRA SUITS 22 Each - #3776 Astra jacket: 7. 502 Nomex 111 Aramid Shell , cotton/polyester, neoprene coated vapor barrier, spruce nomex quilt lining: Must include: Nomex Aramid Vapor Barrier Florescent Trim Suede Leather Elbow Patches Suede Leather Shoulders 22 :D $ PO 31 each = $ 71, s7D s-z—S 22 Each - #4776 Astra Bib Overall : 7. 502 Nomex 111 Shell , cotton/polyester neoprene coated vapor barrier, spruce nomex aramid quilt lining Must include: Nomex Aramid Vapor Barrier 2" Florescent Trim around Legs Suede leather Cuffs Suede Leather Knee Patches All seams must be tape sealed to N.F.P.A. /OSHA requirements. Overalls and jackets to have zipper inclosures in conjunction with velcro. 22 @ $ /6-.5-. 31 each = $ 4. 11/8. S8 g S TO S22E3 22 Each Carins 660 N. F.P.A. Helments 22 $ 0.1,PS each = $ 13 S(o, 3 Arc'T 3UU-A F ,,e a SSA17 2 ►3. y 22 Each N.F.F'. A. Knee Boots 22 $ 42. 8S each = $ Qq2, 70 R TOTAL BID FOR ALL EQUIPMENT $ 9yc 7^P, 'V° 4A7 B 015 7; 9, 2s3- 8 if FRED HUBER & ASSOCIATES 1)13v ; STOCK 41:t. Iaeta.i s ! o . P.O. Box 575 Humble, Texas 77347 (713) 852-1990 ,=;41/4-X ?tfle,t,, ' ' . . . . MEMORANDUM DATE: October 8, 1986 TO: Gus H. Pappas, City Manager FROM: I ' W. Santry, Jr. , P. E. , City Engineer SUBJECT: Paving Bids at South Ballard Fire Station -- In reviewing the bid information distributed and the resulting bids for the proposed additional paving of the fire station on South Ballard , it is the Engineering Staff 's opinion that insufficient information was disclosed to the bidders. Also, the bids that were submitted with information relative to what was being proposed was not uniform and in most instances was not adequate. Those bidders that made specification proposals were not adequate to provide the paving to withstand the heavy equipment at a fire station. Not one bidder proposed a base under the pavement which is a necessity with the soil here in Wylie. It is recommended that all bids be rejected and that simple but adequate specifications be written for the project and that it be rebid. C7-7 �� =+ • • • MEMORANDUM • DATE: October- 8, 1986 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. , P. E. , City Engineer .< <Lti SUBJECT: Paving Bids at South Ballard Fire Station In reviewinc the bid information distributed and the resulting bids for the proposed additional paving of the fire station on South Ballard , it is the Engineering Staff 's opinion that insufficient information was disclosed to the bidders. Also, the bids that were submitted with information relative to what was being proposed was not uniform and in most instances was not adequate. Those bidders that made specification proposals were not adequate to provide the paving to withstand the heavy equipment at a fire station. Not one bidder proposed a base under the pavement which is a necessity with the soil here in Wylie. It is recommended that all bids be rejected and that simple but adequate specifications be written for the project and that it be rebid. • SPECS FOR DRIVEWAY AT WYLIE SOUTH FIRE STATION 1. Slab to be five (5) inches thick with steel bar reinforcement. 2. North side slabs to be twenty (20) feet wide and one hundred thirty-one (131) feet long. 3. South side slab to be twelve (12) feet wide and sixty (60) feet long and include 12 inch by 12 inch holes so drying rack for fire hose can be constructed at later date. Slab to be placed three (3) feet from building. Larry K. Allen 1 imriais j ►ae _Ced P�eoareC by 4fae4 /jJ//J//A/ Vim+ 7 '1 2 I I I I 3 I 4 I 5 I . 6 $ I I I I I I I P �, I - -I I ' " I, . I I �t 3 -.1 2 IFIE35, - , IlmIEIIEEEEIE®EEIE EEIEIEEEIEm� 3 I IZ IEEEEIEEEEIEEEIIIEEMEIEIIIIMEIE11111111■ 5 I IEEEIIEEEE1EMEIIIEEMEIEE MMIMINE 6 I ' _IUEEEIEEE�,I�E�I EE/I11p�EIEmEE li d.9,�1I!®��IC .1111 111 M�!:,ate' NIFIEE! 1 .. . _ _ IE®1®!IlEEEI1iEEEIEE1.EIEE1MEIEEEII 8 I IEEEEIEEEEIEMEEIEEEEIE1111111EIEEEE o I IEmmuIEEIEEIEEEEIEEEIIEEEEI 1 ' ■ 11 I.r!/'' i - IEEEEIEE�.�EIEEw mmumummuEE�I NMIMIMIIIIIIMEdlnilWiSVIMIMIIIIINMIUINIWII 121 , %�IIIII®!I!MIMIIrII�lll��ll1�1lll�� ■ 131 " , IEMMIBMEEIE�EEIEMEEIEEEEIEIEEE 14 I •mmu MINIM mmEIEEEEIEEEEIEEE 15 I IEEE■IEE.IIEEEM9EEIIEEIEEEEIEEE 16 Imo/ d IIEEEEI MMIPMAZSI EllEE ■lEBIE! 17 I .�.��. • IEE1INEIEIIEIIEI•1EEIEEEEIEE EIEEEE 18 I IEEEEIEEIEEIEEEEIEEEEIEEEEIEIEEIE 19 I I■EEEIEEEEIEEEEIEEEEIEEEEIEEE■ 20 I 21 ♦ / �, 1 muIuIm u1IIuuwIIIW®.I!®m�Iimm. 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Phone Date Ns rrthg Ouhmit specifications and estimates for__ materials and labor to constuct driveways at the_South__Fire_StationWylis, .x._per_d ng/S,Pgc_ unished _ by Larry -K. Allen. • Mt aag Impost to furnish labor and materials complete in accordance with the above specifications, for the sum of $ Seven Thousand Five Runarea dollars $7500.00 With payment to be made as follows: Ncog/Upon Comp. All material is guaranteed to be as specified. All work is to be completed in a work- Authorized manlike manner according to standard practices Any alteration or deviation from above specifications involving extra costs will be executed onlyuponSignature T. nn i p Af•man become an extra charge agreements orders,and will g over and above the estimate. All ry contingent upon u v rn stnkea,accidents or delays beyond our control.Owner to carry firs,tornado and other Note: This pro necessary insurance. Our workers are fully covered by workmen's compensation drawn by us if not accepted within In .days. mswance. y Artsptaturs of Proposal—The above prices, speci- fications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Signature Payment will be made as outlined above. ' Date Accepted Signature ,(r7 • 227691 '�'•v h C.oncfre/e cJri YeWa al ec1i /,'e So d744 re 574444'err DATE /Q•J-c?‘ TO L>y,e 7-677 a S CUSTOMER'S ORDER NO Address . City State SHIP Ship To VIA SALESMAN CASH CHARGE C.O. D. PAID OUT RETURNED MDSE. RECEIVED ON ACCOUNT QUANTITY DESCRIPTION PRICE AMOUNT L erP SL.,.01 P��a Pu � c Teti er 54t/ / ,s"A%,il 6 G te.f//� dr<<Ye ithy a+7L lit 1'e SA Lift t:'ro .S Y:are AY j T'Gri,S G 4 9 3' ,r S.4e, , 51 eel- Brit rtimp t , '5/04 l� C,enc�rtA a 6 . .lefe J 5// �t' c 7 h2 R( �'�S':,c� Ce .7• /�� :,24. S eG/ u .4 r '411• .6i r-1-,s a _19 "agila .r etc hfct t .SZ`1 G1 `1. _A 4-)2? 7� /! s 4% di :lr S�GTi`e 7 e. 1 f 7i2 6s. /1p .J 1i � 5/, pike ), #'41 eX Al rAiVI J•-• IKO fr-1A et r a. Steps l o„`etb- e 7` Ic. chr.e,I " , J-tlL LAT% . A der r.Ser7 ajce"a 660(1i6s, J S rr/,�•rfoler Cl.. / 1- Ate y/ a fL Ge Ss es P Q Vm...Ate l o le frin.f f. / r5". D. SC)11,1•/0 p yr I a 14 (11,1 S ibetJOT.i1t 27;ci. , 4. A r /JQ/ k./j'S % .•//.• T 1'5-t!57 •7/9 y.3137e ti. J•/ .- 44esye 5' ALL Claims and Returned Goods MUST Be Accompanied By This Bill SIGNATURE • • Marshall Batley C eonstructlon, Inc. PROPOSAL AN D'N P.O. BOX 863306 • PLANO, TEXAS 75086 ,I ACCEPTANCE (214) 985-0499 ,c)' ~, PAGE / of / PAGES PROPOSAL UBMITTED TO PHONE DATE 81 0 f Wy ii 6 44 2 - ` Z 3 to /0 - 7 - 864 STREET JOB NAME 08 S . JACe,Son3 s4. ,� Sadh Fiee Vig/ CITY,STATE AND ZIP CODE JOB IpI 00.) LU / TA rA s SALESMAN DATE OF COMPLETION FENCE MATERIAL JOB PHONE We hereby submit specifications and estimates for: A dat2rVy Al Pkiifil LO1 4/ (J)y/;f so(/7/ fr.,ez sigI,&u 33dD srii4 'E /> ' / o/ 6 .EK/ChZS 1c, td1 71A 3/t3 Re 64,e c1'J /8 J.0 ch evit,e s . e,1.,JcP(7 c ,e-// do 36o0 /osZ s/,ee 7 4 o f SRdigris Lt) . ea).z// s,:i,4 /y 41/ , .96'0,e Q and Ma4he-CA / ,t,e #45 1o,eaJed aye/ i9/sue 164 v E 6 fc r i M4/ OAS ai. ,/ I </,- (3u I /Jta4S iV&41 eiN<tee I WE PROPOSE hereby/to furnish material and labor complete in accordance with above specifications,for the sum of TLvu A9 .1-AiriacrriiaAidei-ei SCUD e� /f/dollars : 0 0 s6 7 e -- 0 74- Payment to be made as foil sus: / 4 g.2.- Ay,/,‘.17/ c_ ce o',..oci ,r- 1 7�7 e5tflle4 h.v 01 f 1 b,eA All material is guaranteed to be as specified.All work to be completed In a workman like manner according to standard practices. Any alteration or deviation from above Authorized A ��� speelflcatlons invoNlrq extra costs will be executed only upon written orders and a wilt become an extra Marge over and above the estimate.AlI agreements contingent Signatur upon strikes accidents or delays beyond our control. Owner to carry fire, tornado and other necessary Insurance. Note:This proposal may be withdrawn by us If not accepted within e/+ •ays ACCEPTANCE OF PROPOSAL The above prices specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. Signature Date of Acceptance Signature J c or !✓ r d •/ r•S ia is tor D/,'✓r G, 74. 1>/"c. Oe c/Or u ,s � co/ (S/4QG • Go l 7ro f , ail di, Q' 71i051. tv,.// remo✓eoP '4-0,, Uvi s , , (101 a-,// ,� e e/71 l del TA amo4,►f o / tie 6,� , s d 7o Flo. .5" ✓err 7; 0(4.5 0"J d data {i c.S U /-:�4- - - '1 fn cite dy, 07a �`'� COnGIe± DALCO CONSTRUCTION CO. 2600 AVE."K" • SUITE 207 • PLANO,TEXAS 75074 (214)424-3755 October 1 , 1986 City of Wylie 114 N. Ballard St. Wylie, Texas 75098 Subject: Bid for enlargement of parking lot at the South Wylie Fire Station We propose installing 3,340 sq. ft. of 3,000 P.S.I. concrete a minimum of five inches deep. Reinforcement to be #3 rebar on 24 inch centers. Sand leveling fill to be used for final grading do control joints to be on 20 foot centers. ' ,top° � Total price: $5,344.00 < Terms: Net, 30 days from completion • hn S. Cox er � / • • • Jaggers Construction Company, Inc. mocsimucosotax P.O. Box 2031 Piano, Texas 75074 (214) A Ci OOC 442-3886 • September Twenty-five, 1986 Carolyn Jones City of Wylie P. 0. Box 428 Wylie, Texas 75098 PROPOSAL: Concrete Work Wylie South Fire Station Wylie, Texas Dear Ms. Jones: We propose to furnish all labor and materials neces ary to do the concrete work on this project for $5, 344.00. (, Goon /, Our proposal includes grading, setting forms, place #3 rebar at 24" on center each way, place and finish concrete. We appreciate the opportunity to submit our proposal. Sincerely yours, JAGGERS CONSTRUCTION CO. , INC. k. F A r Robert F. Jaggers, Jr. President RFJ/cj . . . . . . : . . - . . • . - . • . .. . . . .. . - . . . . _ .. CITY OF WYLIE PLANNING & ENGINEERING DEPARTMENT , SUBJECT t-- -0/Ahar.— A142-5-/QY PROJECT. S741 "zr---- ---7 ri-'r ....., — BY -r WS. DATE' -S-g6 CHKD.BY DATE SHEET, I OF„ , • r 7- -r : r 7 7--7.- i .. . . : . . . . . . . . : . . 1 : . : . . : . . . . . . , , . i , -4 f -1--4--- -7----,- i• t- • : . : • ! 1 A i. f2..x). 3I(., / 3 /1) -7,- - 2;.e.V...Op( _s! , . . , . ! .;,.. . - • - i • , ! • , • . , ! , ! • i . . . I . ........?*.......i .r............. .___,._..-...... ...........1............T................_..........._...-..---.............-....I..._.........i _4 ___I 401.1 : ___ i • --•—• •.. • • 1 . I ! ( (12 0 4 i • : . • 4. : --4. A 7 . ...7. . . .. , . • • . :• .. -• • • . ..• „ . ••..77,1)' 7.747-.L..i. 412.,-r7-"A_. ! . • • : • --1- - 4 : • , . , . : • ; , 7 . : 7 2i42, , 3•;- 4 1-b • .•• . ,. . . .; . ..z:5 ,.. . + , • • •2— 6 14 44;1. -::: , • , , : 7 4 t 4 7 7 i i • . 7 • .. 7 • • 7 ...7 .7. . .. . . ! 7 -7-- 7 f -' • i ., _.I. . I -7-• i i ; t 7 7 7 I + ..... • f . - t • t i t 4,- t ! , t t i_ ! • °. , : • . ,. . i. •- • . ; . t t ' t t• t-- i -i--- ! 4 ; : f I • • i : • : 7 • „ e : 4 i i i -4 ; ;..! i • .. t .. • , ----- • 4 -4--. . . : • , • ..•• .. : ; ; .. .• • 7 : , . t ; t•. : I 7 • ,r I 1- • • . -4 • , 7 . : . 4, 4-- : : : • I . r 7 i t t t t i I , .. . 7 !: .: : • • t--- 4,- .7; i — .4...... 4- i ' ! 4 •• • • t 7 t _t_ : ! • . ,. . . • . . . : i--- i : • 7 7 ! : : • I : : : . , . . • . .•• : . - 4._• _.1 i.— , : • . .•• , : . •. . , ] . , . . . . , .• .-• . • . •. . J. t : : .• I i. . . . i. , • i . • : . :• 4-44- : ; • 7 T• . . .• . , -, 7 ; : ; , 7 I t : ! : ., i : -•—• 4- ! ! . . 1 :; ! ! " 7 • 7 t t ! : ! -7-- : 7 t -7- 7 :•• , : ' I • I , 7 t • t z ..,..._-1. -. 4. 4. . . 4 I • , 1 . i. . 4 . • 4. t .: .: . . i i .• , . • :. .;. • , .! :' f ,-47_ ; ; -----i-- i ±- ----+ 4 r i 41 .,...... • . . ,•• . . • I I , i ....._ , i . ; ,......._:,....._...„.____, „....._....4. ,......_ t- * 4-4 , . , , . . : . , i I . . , . • ..• • • . • • MEMORANDUM DATE: October 8, 1986 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. ,P. E. , City Engineer = '019 • -"�--\ - SUBJECT: Nortex Tank Site Piping , Installation , etc. The following represents the analysis of the bids received at 1 : 00 p. m. and opened at 2: 00 p. m. in your conference room on Tuesday, October 7, 1986 for the installation of piping, pumps and appurtenances; for the construction of the vault , pumphouse, and fence; for the site work and the labor , supervision and equipment at the Norte:, Ground Storage Site in accordance with the contract documents, plans and specifications. INDIVIDUAL BID ITEM BIDDER - A B C D TOTAL BID -AMOUNT Tim Dawson Utility Contractors 8585 Stemmons Frwy . $18 , 980 . 00 $8, 160 . 00 $11 , 937 . 00 $6 ,480 . 00 $45 , 557 . 00 Dallas , Texas 75247 (Bid Bond ) Flowers Bros . Equip. & .Cons': Co . , Inc . 113 Timberidge $65 ,719 . 17 $9 ,260 . 90 $28 ,203 .83 $8 ,343 .40 $111 ,527 . 30 Plano , Texas 75074 ( No Bid Bond ) There appears to be no comparison in the two bidders out of the total o+ nine contacted about bidding. Tim Dawson has done work indirectly for the City of Wylie in the past in a timely an-id competent manner. The Engineering Department staff recommends the award of the bid to Tim Dawson Utility Contractors of 8585 Stemmons Frwy. , Dallas , Texas 75247 , (817) 458-4791 . • • CITY OF WYLIB1 114 N. BALLARD ST. - P.O. BOX 428 WYLIE TEXAS 75093-0428 MEMORANDUM October 8-, -1986 To: Gus Pappas, City Manager - From: I. W. Santry, Jr. , P.E. , City Engineer ' ' LA) . Subject: Oversizing of 12-inch Water Line, Westgate - Phase I Lichliter/Jameson & Associates, Inc. , engineers for the Westgate Addition, sub- mitted a request for the City of Wylie participation in the oversizing of the east/west 12-inch water line for the developer. However, the length we show is 2,180 feet versus 2,200 feet by the contractor and engineer. The contractor's bid indicates the following figures: 12-inch PVC per foot $ 14.85 8-inch PVC per foot 8.90 Per foot pipe cost difference . . $ 5.95 12-inch gate valve $ 747.73 each 8-inch gate valve 400.03 each Per valve cost diference $ 347.70 each In checking costs to the City for materials only, the following were established. 12-inch PVC per foot $ 8.68 8-inch PVC pwe door 4.00 Per foot pipe cost difference . . $ 4.68 12-inch gate valve $ 800.00 each 8-inch gate valve 400.00 each Per valve cost difference $ 400.00 each Using the checked length of the 12-inch installed (2,180 feet) , the contractor's bid cost difference is $12,971 .00 and the City cost difference is $10,202.40. Using the 6 valves as designed into the system, the contractor's bid cost dif- ference is $2,086.20 and the City cost difference is $2,400.00. Therefore, the request of Lichliter/Jameson & Associates, Inc. would be a total of $15,057.20, whereas the City total would be $12,602.40. It is my recommendation that the developer be offered $12,602.40 for oversizing in accordance with our practice. The line has been installed .101:12e tested as-yet. J r@ flfr -, (141y SEP 2 61986 ! , /�/ CHAMBER OF COMMERCE U\\f September 25, 1986 Gus H. Pappas City Manager City of Wylie P.O. Box 428 Wylie, Tx. 75098 Gus, Enclosed are the signatures you needed for the dedication of the downtown amenities. I was fortunate not to have any difficulty finding them. Also thank you for making the arrangements for the necessary supplies for burying our Time Capsule. That ceremony will take place on Tuesday, Oct. 28 at noon, just before our monthly luncheon. You and I should probably go out to the library soon to decide on the exact location for burial. Thanks again for all your help! Sincerely, James Butts Executive Vice President JTB:bn P.O. Box 918 • Wylie, Texas 75098 • 214-442-2804 • / 6 *, le CITY OF WYLIE 114 N. BALLARD ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 September 23, 1986 James Butts, Esecutive Vice-President Wylie Chamber of Commerce P. 0. Box 918 Wylie, Texas 75098 Dear James: Enclosed is a letter of dedication of the ornamental street lights in the downtown area that needs to be signed and returned to the City for the formal acceptance. As •you know, the City has been maintaining and repairing these lights since they were installed; however, we do need the formal dedication on file in the City Secretary' s office. We will appreciate having you secure the necessary signatures on this document, after which it will be presented to the Council for formal acceptance. G s . Pa,A 's City Mana.er GHP:bl encl. (1) /7 * ., ie CITY OF W YI-BIM 114 N. BALLARD ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 September 23 , 1986 City Council City of Wylie, Texas Dear City Council Members: The Chamber of Commerce, the Downtown Merchants Assoc. , the individuals listed below and various other contributors have caused to be erected and made operational several ornamental antiqued multi-globe street lights along Ballard Street. it was our understanding that upon completion of the installation of these lights that the City of Wylie would consider the dedication of these fixtures to the City for the benefit of the general public and that the City would accept the responsibility for their maintenance, repair and electrical use. We the undersigned believe that we represent the true owners of said property and do hereby request that the Council of the City of Wylie officially accept these items for dedication. 4eA ji., 0 \ife,72 eWl Terry ner, President S fi President Cha of Comme ce Downtown Merchants Assoc. i n Co pe , Donor arold Spence, onor I, (Th7,-( 12 776/-".td c-1461-4ee2 1•1 I 1 6.712 ade--1 (IgY-L- 1.11} , 1;1 !di 1:1 1;1 11 !1 lii 1, 111 1;1 11 1;1 SEP 151986 • SUGGESTIONS FOR TRAFFICS CONTROL BETWEEN WOODHOLLOW COURT AND BUTLER COURT NAME: 1YV11) S ADDRES: ' 3 �„1 UU�%V`ID I&) Gf c,, Jx- I would like to see the following done to help control the traffice in the alley between Woodhollow Court and Butler Court. Aily Gio s eP &- .0 2 9A b°t-1-- f Cf zti c- -gve (icy L1ov,Q14D/to L C f . Ock C r Q. S ‘cck -cX Lv� 1-7-JL) /S SUGGESTIONS FOR TRAFFICE CONTROL BETWEEN WOODHOLLOW COURT AND BUTLER COURT 4/ 964-J(1k/111i NAME: ADDRES: 3 1p /7/ ek • yLZ2 I would like to see the following done to help control the traffice in the alley between Woodhollow Court - - itler Court. p �- /r.43-1 W-kr 4Wcip__J, 14Ah_J • --- -- Pe r__- - - -- -- GO G'Y &- /11 ,7' E- _u-- (Ace- X (5-YL- ./f ./rr J 60(‘-vit.a=e- goyvbc gpet,‹_c, 431A/rrl - • • JP(A/v ectiv,_! • • • • • • ,,pja-6g72- /n/ SUGGESTIONS FOR TRAFFICE CONTROL BETWEEN WOODHOLLOW COURT AND BUTLER COURT NAME: ADDRES: I would like to see the following done to help control the traffice in the alley between Woodhollow Court and Butler Court. 4/ /r il2C-9 7-41412 r�� co,-7 /3' ,47, , a.Je., n rc e -1--11,s w.' i 4:rd of -'at c,6ure o / 4-Ae s S.. ="1 d-Jc-cyf e2 nPPeac0, r7D71--- 749 4e _400/4G•PcQ ` oo C lof.e -74o ,67hy0.-76-1' ck,/,e / Z -f'�,� ©-� K c �r �--� ' / - he aezt oti .56¢- i tIC'��1 .. - t�:LL:L' yi t fI =i'. 1 S'76RS AVENUE c 4,..A.!. n17.. " •• 30 dO .. •. . .• •• • T �� ' '9 6 7 6 5 4 3 2 1 - ---- - t i T in- I i P ..,-,,r, 0 `� 17 t0 17 = 10 17 b p 1— lligh„. • 1 16 IY 11 16 CC Id : 1_,_ eo 7' `j� = O IA. a a jir t •15 1.. 12 16 12 Id : . tot im i . 7i� 16 O%-• 5 '� a I . 6 1 1 14 13 141 14 b • 4• II5' 1 _lei • ,. ,' 125. 70' 125' ov, 125' 70 125. TO 41 - -- _ V BUTLER STREET • v , a TI..E't Cr ,t---- ,t,,Y.,r- _' 4. J po 1 in 50 r IM' ' '' 5 50' i 3—• I ^50 0 125 1 78' 78' 61' ♦it, _ p'i:� 46 44el) - 2 : 2 I •i> - 1 12 le 13 14 td •$ id 17 , 2 Q 19 2 t s 21 1' • .• I47• �_� 18s' 1dd� C 3 - : 22 3: s 22 ` .86 91.26 78 . . . _ ' 3 : F- 20 . 22 ia 23 24'" 2d Id B 4 - W : 23 4 W 21 4 s s 23 ` • • 0 •cr �..,�. `� =4 -- W ^— w Cr .b W 24 , . Nib 20•S WOODHOLLOW 78�'e' site • ` 22 !— '� := r. 1,s Z e 0 . 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IG a 7 • /D3.- SUGGESTIONS FOR TRAFFICE CONTROL BETWEEN WOODHOLLOW COURT AND BUTLER COURT NAME:D2n'14Seg4-a-C141441 ADDRES: 30A 003LA)00d1 CT' I would like to see the following done to help control the traffice in the alley between Woodhollow Court and Butler Court. L01.4V ,a2_ ea6„ a u'z yies-gh-LCt ► i SUGGESTIONS FOR TRAFFICE CONTROL BETWEEN WOODHOLLOW COURT AND BUTLER COURT NAME: 9,1---/1.61 A RES• 74 1 D1-C4 I would like to see the following done to help control the traffice in the alley between Woodhollow Court and Butler Court. SEP 101986 SUGGESTIONS FOR TRAFFICE CONTROL BETWEEN WOODHOLLOW COURT AND BUTLER COURT 9 / 8 / 86 NAME: MR.&MRS CHAELES J.POW LL ADDRES: 303 HILLTOP LANE WYLIE,TEXAS 75098 I would like to see the following done to help control the traffice in the alley between Woodhollow Court and Butler Court. Also The Alley All The Way Down To The Next Alley On The OtheR Side Of Woodhollow. 41 Put Threeway Stop At Both EntersecttoJs _ Speed Biimp.s_Also �riI3 T iese Alleys Or - ;'2 Make All The Alleys One Way Going South And East This Would This Would Put Most Of The Traffic On The Streets Insted of These Alleys The Alley East Of Hilltop Has Blind Entersectons And Thair Is Several Pickup Trucks That Go up And MAX Down The Alley Several Times A Day Blowing Air Horns Going 40 To 65 MPH Blowing At The Intersections Each Time They Go By Even At Night The 10 Miles Per. Speed Limit Dont Mean A Thing I Am Sure One Way, Or Seed Bums y;ould .t.�.1,p., aeot"lieV,.“40, tc) Gam►,` , nV SEP 8 I9K SUGGEST IONS--FOR—TRAFFICE CONTROL BETWEEN WOODHOLLOW COURT AND BUTLER COURT NAME: L o 'J EJi-h Y`Y` i\krAsei ADDRES: Coo I would like to see the following done to help control the traffice in the alley between Woodhollow Court and Butler Court. (I. O -WOJA 1A_.46z.L.6_humps ___ 0044-kk -v\Ai - duo L cam. -136‘6L.tkl Ttvv*- -4-0 SEP 81986 SUGGESTIONS FOR TRAFFICE CONTROL BETWEEN 1 WOODHOLLOW COURT AND BUTLER COURT NAME: WI-a/2) (14rk-k r a, ,&_„_thL ADDRES: 66 I would like to see the following done to help control the traffice in the alley between Woodhollow Court and Butler Court. )sza, wiserasitece .„* _i2 L42-auld _a_,46ceei -Ln01,9L /Di