08-11-1998 (City Council) Agenda Packet WYLIE CITY COUNCIL
Agenda
Tuesday, August 11, 1998
7:00 p.m.
Wylie Municipal Complex-Council Chambers
2000 State Highway 78 North
Wylie,Texas 75098
Item No. Agenda Item Action Taken
Call to Order
Invocation
Pledge of Allegiance
Consent Agenda
All matters listed under the Consent Agenda,are considered to be routine by the City Council
and will be enacted by one motion. There will not be separate discussion of these items. If
discussion is desired that item will be removed from the consent agenda and will be considered
separately.
A. Approval of the Minutes from Special Called Meetings of July 7,21, and 23 and
Regular Meeting of July 14, 1998.
Items for Individual Consideration
1. Consider and Act Upon an Appointment of an Ad Hoc Member to the Planning and
Zoning Commission.
Executive Summary
The Planning & Zoning Commission has been serving as the designated Impact Fee
Advisory Committee for the purpose of reviewing the existing Water& Sewer Impact
Fees as well as examining the option of implementing Street Impact Fees. The
resignation & replacement of Ray Capley now necessitates the appointment by the
Council of an Ad Hoc voting member to the Commission, serving only in that capacity
when the Commission acts as the Advisory Committee.
Commission and Staff Recommendations
Not Applicable
2. Consider and Act Upon an Ordinance Amending the Comprehensive Zoning
Ordinance No. 85-23A of the City of Wylie, Texas by Amending Section 35 to
Provide for Regulations of Posting Property for Zoning Changes.
Item No. Agenda Item Action Taken
Item No.2-continued
Executive Summary
During the past few months the Planning& Zoning Commission has emphasized the
delivery of higher quality & consistent service, and the communication of accurate
information to our citizenry. As a result and in order to further ensure the public is aware
of proposed zoning changes, the Planning & Zoning Commission instructed staff to
develop guidelines for posting property for zoning changes.
Commission & Staff Recommendations
At the August 3, 1998, Planning and Zoning Commission meeting, the Commission
voted unanimously to recommend approval of this ordinance. Staff recommends approval
3. Consider and Act Upon a Request from R.Richard Parker for Approval of a Zone
Change from A (Agricultural) to B-2 (Business) for the Property Generally
Located Across the Street from the High School Along the North Side of FM 544
Between FM 1378 and Sanden Blvd.,and Being All of a Certain 6.134 Acre Tract
out of the J.W.Curtis Survey,Abstract No. 196 and the Michael Millron Survey,
Abstract No.563,City of Wylie,Collin County,Texas.
Executive Summary
The applicant is requesting rezoning on 6.134 acres in order to develop the property with
business uses. Specifically,the applicant has stated that he intends to sell or lease the
property to a small electronics firm in the future.
Commission& Staff Recommendations
At the July 6, 1998,Planning and Zoning Commission meeting,the Commission voted
unanimously to favorably recommend this case. Staff recommends approval. The
Departments of Public Works, Fire, and Community Development concur with this
recommendation.
4. Consider and Act Upon a Final Plat for Mill Creek Estates,Replat of Lots 1 & 15,
Block A, Proposed by Richard and June Nance, Generally Located at the
Southeast Corner of Forest Edge Drive and Brentwood Drive and Being all of Lots
1 and 15,Block A,of the Mill Creek Estates Addition,City of Wylie,Collin County,
Texas.
Executive Summary
The final plat under consideration is Mill Creek Estates,replat of Lots 1 and 15,Block
A. The applicant is replatting two (2) lots in order to increase the size of lot 15 and
decrease the size of lot 1. Specifically,the applicant is relocating the rear lot line of lot
15 sixty feet(60') to the south. The property is currently vacant, zoned SF-2 (Single
Family Residential), and platted as Lots 1 and 15, Block A, of the Mill Creek Estates
Addition.
Commission&Staff Recommendations
At the July 6, 1998,Planning and Zoning Commission meeting,the Commission voted
unanimously to favorably recommend this case. Staff recommends approval.
Item No. Agenda Item Action Taken
Item No.4- Commission&Staff Recommendations-continued
The Department's of Public Works,Fire, and Community Development concur with this
recommendation.
5. Consider and Act Upon a Request from Tipton Engineering for Birmingham land,
Ltd.,for Approval of a Zone Change from R(Retail),B-1 & B-2 (Business),MF
(Multifamily),2F(Two Family),SF-A(Single Family Attached),SF-1,SF-2 & SF-3
(Single Family) to PD (Planned Development) for SF-3 (Single Family), SF-PD
(Single Family - 6,000 sq. ft. lots), R (Retail), and MF (Multifamily) for the
Property Generally Located at the Northeast Corner of FM 1378 and Brown
Street, and Being All of a Certain 640.2 Acre Tract out of the D.W. Williams
Survey,Abstract No.1021,the Charles Atterbury Survey,Abstract No.2,the J.C.
McUlmurray Survey,Abstract No.629,and the Mercer Phelan Survey,Abstract
No.695,City of Wylie,Collin County,Texas.
Executive Summary
The applicant is requesting rezoning on 640.205 acres in order to develop the property
with a master planned community encompassing an elementary school and single family,
multifamily,retail, and open space uses.
Board/Commission& Staff Recommendations
At the July 20, 1998,Planning and Zoning Commission meeting,the Commission voted
unanimously(6-0)to recommend denial of this case. Commissioner Ahrens abstained.
At the July 27, 1998,Parks Board meeting,the Board voted unanimously to accept the
conceptual park land dedication. Staff recommends denial. The Departments of Public
Works,Fire, and Community Development concur with this recommendation.
6. Consider and Act Upon All Matters Incident and Related to the Issuance and Sale
of $1,600,000 Tax Notes, Series 1998, Including the Adoption of an Ordinance
Authorizing the Issuance of Such Notes.
Executive Summary
The City has received detailed information regarding specific capital projects,including
the Fire Station 1 & 2, the 911 Emergency System, Police Reporting System and the
Police/Fire Computer Aided Dispatch System and intends to issue a seven(7)year tax
note to finance certain capital projects and computer system expenditures in the amount
of $1,060,000. Use of tax notes were proposed because they provide the most
economical method of financing capital projects and computer systems. There is
flexibility in use of the proceeds should grants be awarded for the CAD and other
departmental equipment.
Staff Recommendation
Staff recommends that the tax notes be awarded per the recommendation of the First
Southwest Company and that the necessary tax note ordinance be adopted.
7. Consider and Act Upon an Appointment of an Additional Member to the
Comprehensive Plan Advisory Committee. (No Back Up Materials Provided)
Item No. Agenda Item Action Taken
8. Consider and Act Upon Accepting the Proposed Ad Valorem Tax Rate and
Calculation of an Effective Tax Rate for Fiscal Year 1998/99.
Executive Summary
When a proposed rate will raise more revenue than the preceding year, a public hearing
must be scheduled. A vote must also be taken and the results published in the city's
official newspaper entitled"Notice of Public Hearing on Tax Increase".
Commission/Staff Recommendation
Staff recommends that Council vote on the proposed tax rate and schedule the next
required public hearing on the tax increase for September 8, 1998.
Staff Reports
Citizen Participation
Worksession
Comprehensive Code Enforcement Program
Executive Session
In accordance with Chapter 551, Government Code, Vernon's Texas Codes
Annotated(Open Meeting Law).
Section 551.071,Discussion with City Attorney on a matter concerning Kansas City Southern
Railroad in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this
Chapter;and
Section 551.075 Conference with City Employees to review information from employees
concerning Kansas City Southern Railroad;and
Sections 551.071 Consultation with City Attorney;and 551.075 Conference with Employees to
Discuss Issues Regarding the Future Development of Spring Creek Parkway;and
Section 551.074,Personnel Matters,Review of City Manager's Performance.
Reconvene into Open Meeting
Take any action as a result of Executive Session.
Adjournment.
I certify that this Notice of Meeting was posted on this the 7 day of , 1998
at 5:00 p.m. as required by law in accordance with Section 551.042 of th exas Government
Code.
ity ecretary Date Notice Removed
T e Wylie M cipal Complex is Wheelchair accessible. Sign interpretation or other special
assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City
Secretary's Office at 972/442-8100 or TDD 972/442-8170.
WYLIE CITY COUNCIL
INDIVIDUAL CONSIDERATION
Item No. 1
August 11, 1998
Issue
Consider and Act Upon the Appointment of an Ad Hoc Member to the Planning and Zoning
Commission.
Background
The Planning and Zoning Commission has been serving as the designated Impact Fee Advisory
Committee for the purpose of reviewing the existing Water and Sewer Impact Fees as well as examining
the option of implementing Street Impact Fees. The State Law enabled the Commission to serve in that
function because Commission member Ray Capley also served as the required representative of the real
estate, development or building community.
The resignation and replacement of Mr. Capley now necessitates the appointment by the Council of an
Ad Hoc voting member to the Planning and Zoning Commission. The Ad Hoc member would only serve
in that capacity when the Planning and Zoning Commission acts as the Advisory Committee.
The individual who previously served on the Impact Fee Advisory Committee who also represented the
real estate, development or building community are: James Blakey, Richard Parker, and Don Raburn.
Only one representative is required by State Law.
Financial Considerations
N/A
Other Considerations
Section 395.058 of the Local Government Code establishes the requirement for the composition of the
Impact Fee Advisory Committee.
Board/Commission Recommendations
N/A
Item for Individual Consideration
Appointment of Ad Hoc Member to P&Z Commission
Page l
Staff Recommendation
N/A
Attachments
None
)(NO_ e-e81414'
Prepared by R i ed by Finan e City Manager Approval
Item for Individual Consideration
Appointment of Ad Hoc Member to P&Z Commission-
Page 2
WYLIE CITY COUNCIL
INDIVIDUAL CONSIDERATION
Item No. 2
August 11, 1998
Issue
Consider and Act Upon an Ordinance Amending the Comprehensive Zoning Ordinance No. 85-23A
of the City of Wylie, Texas by Amending Section 35 to Provide for Regulations of Posting.Property
for Zoning Changes'.
Background
During the past few months the Planning and Zoning Commission has emphasized the delivery of higher
quality and consistent service, and the communication of accurate information to our citizenry. As a
result and in order to further ensure the public is aware of proposed zoning changes, the Planning and
Zoning Commission instructed staff to develop guidelines for posting property for zoning changes.
The attached ordinance amends Section 35 of the Comprehensive Zoning Ordinance No. 85-23A by the
addition of Section 35.3b, which provides for regulation of posting property for zoning changes.
Financial Considerations
Not applicable
Other Considerations
Not applicable
Commission Recommendation
At the August 3, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously
to recommend approval of this ordinance.
Staff Recommendation
Approval
The Departments of Public Works, Fire, and Community Development concur with this
recommendation.
Item for Individual Consideration
Public Hearing-Amendment to Zoning Ordinance
Page 1
Attachments
Ordinance
6/771r4__
Cefie;t44
Prepared by Revile by Finance City Manager Approval
Item for Individual Consideration
Public Hearing-Amendment to Zoning Ordinance
Page 2
ORDINANCE NO.
TO CONSIDER AN ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE NO. 85-
23A OF THE CITY OF WYLIE, TEXAS, BY
AMENDING SECTION 35 TO PROVIDE FOR
REGULATIONS OF POSTING PROPERTY FOR
ZONING CHANGES; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the
City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to
the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices
by publication and otherwise, and after holding due hearings and affording a full and fair
hearing to all property owners generally and to owners of the affected property, the
governing body of the City is of the opinion and finds that the Comprehensive Zoning
Ordinance should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the
same is hereby, amended by the addition of Section 35.3b, which shall read as follows:
35.3b. Posting property for zoning changes. Any person, firm or corporation requesting
a change in zoning from one district classification to another district classification shall be
required to maintain a sign or signs, provided and caused to be placed by the Planning
Department, upon the property for which a change in zoning has been requested, which
sign or signs shall be located as follows:
a) One sign for the first three hundred(300) feet of each street frontage and one
sign for each additional three hundred(300) feet of street frontage, shall be
located within thirty(30) feet of the abutting street, or as determined by the
Director of the Planning Department or his/her designee.
b) So as to be clearly visible and readable from the public right-of-way and not
obstructed in any manner.
c) So as not to create a hazard to traffic on the public rights-of-way abutting the
property.
d) On the subject property at least ten(10) days prior to the hearing of such
zoning request by the Planning and Zoning Commission, and to remain
continuously on said property until final action by the City Council or
withdrawal of the case by the applicant. Removal of the sign by the applicant
after a recommendation by the Planning and Zoning Commission shall
constitute a withdrawal of the request.
e) The signs, caused to be placed by the Planning Department shall be of a size,
type, and message content as determined by the Director of the Planning
Department but shall advise that rezoning is requested and shall list the
telephone number of the Department of Planning for more information.
f) Upon making an application for a zoning change, the Planning Department will
place sign(s) as required by this section. After the zoning change is approved
in final form by the City Council, denied by the City Council, or withdrawn by
the applicant, the City shall remove the sign from the area of the request within
ten(10) days of such event.
g) It shall be unlawful for anyone to remove, destroy, deface or obstruct the view
of a sign which gives notice that a rezoning has been requested.
h) In the event the applicant shall fail to maintain signs in accordance with this
section 35.3b, then the public hearing(s) before either the Planning and Zoning
Commission or the City Council, shall be postponed to a date in the future
which would allow time for compliance.
i) The erection of any sign required by this section shall not require a permit
under the city sign ordinance.
j) The owner or applicant shall promptly notify the Planning Department to
replace any sign required by this ordinance which becomes lost, stolen or
vandalized. The Planning and Zoning Commission and the City Council shall
have the power to decide whether or not there has been substantial compliance
with the posting requirements in the case of lost, stolen or vandalized signs.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be,
and the same are hereby, repealed and all other ordinances of the City not in conflict with
the provisions of this ordinance shall remain in full force and effect.
SECTION 3.
Any person, firm or corporation violating any of the provisions of this ordinance or
the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and
shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance,
as the same now exists or is hereafter amended.
SECTION 4.
Should any paragraph, sentence, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part or provision thereof, other than
the part so declared to be invalid, illegal or unconstitutional, and shall not affect the
validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 5.
This ordinance shall be in full force and effect from and after its adoption by the
City Council and publication of its caption as the law and the City Charter provide in such
cases.
SECTION 6.
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance,
shall not be construed as abandoning any action now pending under or by virtue of such
ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any
penalty accruing or to accrue, nor as effecting any rights of the municipality under any
section or provisions of any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this day of , 1998.
By
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
WYLIE CITY COUNCIL
INDIVIDUAL CONSIDERATION
Item No. 3
August 11, 1998
Issue
Consider and Act Upon a Request from R. Richard Parker for Approval of a Zone Change from A
(Agricultural) to B-2 (Business)for the Property Generally Located Across the Street from the High
School Along the North Side of FM 544 Between FM 1378 and Sanden Blvd., and Being All of a
Certain 6.134 Acre Tract out of the J. W. Curtis Survey, Abstract No. 196 and the Michael Millron
Survey, Abstract No. 563, City of Wylie, Collin County, Texas.
Background
The applicant is requesting rezoning on 6.134 acres in order to develop the property with business uses.
Specifically, the applicant has stated that he intends to sell or lease the property to a small electronics
firm in the future. The properties to the north, northwest and northeast are vacant and zoned A
(Agricultural). The property to the east is zoned B-2 (Business) and developed with a legal non-
conforming use(storage for landscape contractor with minor accessory office use). The property to the
south is zoned A(Agricultural) and developed with a high school and related accessory uses.
Public Comment Forms were mailed to nine (9) property owners within 200 feet of this request. One
(1) Public Comment Form in support of the request has been returned.
Financial Considerations
Zoning Application Fee - $225.00
Other Considerations
• This case was originally heard at the July 14, 1998, City Council meeting as a request to rezone from
A (Agricultural) to I (Industrial). Per the applicant's request, the Council voted unanimously to
withdraw the case as the applicant indicated that he would like to request B-2 (Business) instead of
I (Industrial) (see attached letter).
• The Comprehensive Plan recommends industrial uses for the property. The proposed zoning and
land use are compatible with Comprehensive Plan as uses permitted within the B-2 (Business) zoning
district are less intensive than those permitted within the I (Industrial) district.
Item for Individual Consideration
Public Hearing-Zoning Case No. 98-06
Page 1
• This property was annexed by the City in 1995. As a result, the existing metal building on the
property became a lawful non-conforming structure. The applicant is aware that the structure and
property will have to be brought up to code prior to the issuance of any building permits for future
development or a change in use which would require a C.O. (Certificate of Occupancy) from the
City.
• The applicant is aware that the property will have to be platted prior to the issuance of building
permits for future development.
Commission Recommendation
At the July 6, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to
favorably recommend this case.
Staff Recommendation
Approval
The Departments of Public Works, Fire, and Community Development concur with this
recommendation.
Attachments
Applicant's Letter
Location Map
Area Zoning Map
Property Owner Notification Map
Property Owner Notification Report
Public Hearing Notice
Zoning Change Application
(--1444
Prepared by R i e by Fina ce City Manager Approval
Item for Individual Consideration
Public Hearing-Zoning Case No. 98-06
Page 2
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
1/ I am FOR the requested zoning as explained on the attached public notice for Zoning Case#98-06.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#98-06.
Date,Location&Time of
Planning&Zoning
Commission meeting: Monday,July 6, 1998,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday, August 11, 1998,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: � r'of)G-AZA
(please print)
Address: t66 C.O'clv �G3�
c3,ne) , 1 czial '7S-c- a3
Wylie Tax Account Number
(if shown on enclosed map):
Signature:
Date:
COMMENTS:
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ZONING CASE #98_0i,5
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J.L.Brand Jr. \ Frances Bates Wells Frances Bates Weds
D.Green R-6196-000-0010-1 R-6563400-0020-1
R-6351-000-0139-1
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PROPEI3T' OWNER NOTIFICATIQN MAP
ZONING CASE #98-08
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NOTIFICATION REPORT
APPLICANT: Richard Parker APPLICATION FILE # 98-0006
P.O. Box 307 Wylie, Texas 75098 .
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
TU Electric P.O. Box 219071
1 Abst. 563 Tract 1 R-6563-000-0010-1 State &Local Tax Department Dallas, Texas 75221-9071
6800 Coit Road
2 Abst. 563 Tract 2 R-6563-000-0020-1 Frances Bates Wells Plano, Texas 75023-1003
1001 S. Ballard
3 Abst. 563 Tract 3 R-6563-000-0030-1 Wylie I.S.D. Wylie, Texas 75098
P.O. Box 660163
4 Abst. 563 Tract 4 DART Railway Dallas, Texas 75266
P.O. Box 307
5 Abst 196 Tract 5 R-6196-000-0050-1 Richard Parker (Applicant) Wylie, Texas 75098
210 S. McDonald Street
6 Abst 196 FM 1378 Collin County Commissioners Court McKinney, Texas 75069
1001 S. Ballard
7 Abst. 196 Tract 6 R-6196-000-0060-1 Wylie I.S.D. Wylie, Texas 75098
6800 Coit Road
8 Abst. 196 Tract 1 R-6196-000-0010-1 Frances Bates Wells Plano, Texas 75023-1003
7407 Baxtershire
9 Abst. 351 Tract 13-9 R-6351-000-0139 J.L. Brand Jr. and D. Green Dallas, Texas 75230
NOTICE OF PUBLIC HEARING
PLANNING AND ZONING COMMISSION
AND CITY COUNCIL
An application has been received by the City of Wylie for a:
PROPOSED ZONING CHANGE
Zoning Case Number: 98-06
Applicant: R.Richard Parker
Location: Generally located across the street from the high school along the north side of FM 544 between
FM 1378 and Sanden Blvd.
Property Description: (See the attached Exhibit"A"for full legal description)
Present Zoning: A(Agricultural)
Requested Zoning: B-2 (Business)
This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of
Wylie,Texas and the Official Zoning Map. The request will be considered as follows:
Planning and Zoning Commission: Monday,July 6, 1998,7:00 PM
City Council: Tuesday,August 11,1998,7:00 PM
Each public hearing will be held at the following location:
City Council Chambers of the Municipal Complex
2000 Highway 78 North,Wylie,Texas
This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last
approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is
not a final action on the request. If the Commission recommends denial, a three-fourths majority vote by the City Council shall
be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the
City Council may be more restrictive than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If
you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and
return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if
applicable)on the enclosed form and return it to the following address:
City of Wylie
Department of Planning
2000 Highway 78 North
Wylie,TX 75098
If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public
hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of
the City Council.
The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For
additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when
requesting information.
This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103,
or(TDD)(972)442-8170 for assistance.
1AYr'Lll./a 1 1UN f-UK LUNINU Uh1ANUE=
Case No.9 8 06 FilingC
Fee:�j�� , � Date ���t � � 6
Applicant W7e/cg:--/e__ Phone No. q7z Vv z s;'V
Mailing A dress: Work No. g70 Y"i .S i/5/
o / 507
•
LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is
needed for description, the description may be put on a separate sheet and attached hereto).1
477-.9
I hereby request that the above described property be changed from its present zoning which
is AG District Classification to 1,s-7zcrDistrict Classification
for the following reasons:
(attach separate sheet if necessary)
/'��.,%G �O l/Li) C y/�/3CC i27C 7c SC<< e( Cr�Sc_ ?C r iz-
f;?,2N l fJ e Ce-C%rO' iC C Ft/0 y1 . 7,'' z C• .
There (are) E deed restrictions pertaining to the intended use of the property.
2
Status of Applicant Owner / Tenant
Prospective Purchaser
- I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this
requested zoning change and have read the following concerning the importance of my submitting
to the City a sufficient legal description.
Signed ;2' �L-z
Ma OG 98 02: 12p City of Wylie-Comm Deve 972-442-8154 p . 2
98 - 06
-Page 2 of 2 REC'D MAY 0 61998
Note:
BEING a tract of land situated in the J. W. CURTIS SURVEY, ABSTRACT NO. 196
and the MICHAEL MILLRON SURVEY,
County, Texas, and also ben artSofAaT42.7356acreltract conveyedOtolB. C.
p of Wood, recorded in Volume 418, Page 131, Deed Records, COLLIN County, Texas,
and being more particularly described as follows:
BEGINNING at a point on the South line of the St. Louis Southwestern
Railroad, said point being the Northeast corner of said 42.735 acre tract,
a fence corner post for corner;
THENCE South 16 degrees 34 minutes 13 seconds East, leaving the said
Southerly line of St. Louis Southwestern Railroad, a distance of 397.27
feet to a point on the Northerly line of F. M. Road No. 544, a 1/2 inch
iron stake set for corner;
THENCE along the Northerly line of F. M. Road 544, the following:
North 70 degrees 48 minutes West, a distance of 1036.71 feet to the
beginning of a curve to the left having a central angle of 21 degrees 08
minutes 27 seconds/ a radius of 1969.8o feet, a 1/2 inch iron stake set
for corner (Long cnord bearing S 87 deg. 14 min. 09 sec. E, chord
length 722.7172 feet);
Around said curve a distance of 726.83 feet to the end of said 'curve, a
right-of-way monument found for corner;
North 20 degrees 09 minutes 07 seconds West, a distance of 30.57 feet to
a point on the southerly line of St. Louis Southwestern Railroad, a 1/2
inch iron stake set for corner;
THENCE along the Southerly line of St. Louis Southwestern Railroad, the
following:
North 86 degrees 24 minutes 02 seconds East, a distance of 395.44 feet
to the beginning of a curve to the right having a central angle of 12
degrees 43 minutes 33 seconds, a radius of 2814.79 feet( a 1/2 inch iron
stake set for corner (Long chord bearing S 87 deg. 14 min. 09 sec. E,
Chord length 623.9059 feet) ;
Around said curve a distance of 625.19 feet to the end of said curve, a
1/2 inch iron stake set for corner;
•
South 80 degrees 52 minutes 25 seconds East, a distance of 580.32 feet
to the PLAC . OF BEGINNING and CONTAINING 6.902 acres of land, more or
less.
SAVE AND EXCEPT that portion conveyed in Warranty Deed from B. C. Wood and
wife, Nettie Wood, to Texas Power & Light Company, dated December 2, 1960,
filed December 14, 1960, recorded in Volume 575, Page 224, Deed Records,
COLLIN County, Texas.
SAVE AND EXCEPT
Being all that certain tract or parcel of land.situated in the,John 11', Curtis Survey, Abstract No.
196, Collin County, Texas, and being a part of a tract of laical conveyed to 1?. Richard Parker by
deed recorded by County Clerks No. 93-0094964. ('ollin County, Texas and being more
particularl►' described as fulluers: •
•
Begi/nti/tg at a /12 iltclt iron rued_build in the northeast right-of-wad'line of F.M. Road No. 544
and being the southeast corner of a 191.4 acre tract of land conveyed to Al.P. Mathews by deed
recorder( in 1 ohune 165, Page 556, Reed Records, ('ollin County. Texas;
Thence, N 70' 4 '00" 11', aloft;saiel right-o/=way line. a distance of 202.93 feet to a 112 inch iron
rod set for corner;
Thence. N 16° '4' 06" 1;, a distance o/ 211.74 feet to a metal fence post for Corner;
7Yte/tce, ;V )7' 34' 31" Jr, a distance of 6,ti'. 6 feet to a 112 inch irott rod set for corner in the
southeast line of a tract of hind co/tvel'ed to Texas Power Light Company h►' deed recorded in
Volume 575, Page 224. Ih'ecl Records, Collin ('atone, Texas;
Thence. A' 49° 53' 41" E. along the southeast line of said Texas Power Light Company tract
of land, a distance of 74.05 /i'et to a 112 inch irurt rod .set for corner in the west litre of
aforenttentioned Afat/tcws tract of land:
Thence, .5' 16° .?4'1.?" 1;, along the crest line of said Mathews tract of land, a distcntce of.?h'4.44
feet to the Point of Beginning and containil,' 11.76,1' acres of la,ul.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF WYLIE, AS
HERETOFORE AMENDED, SO AS TO CHANGE THE
ZONING ON THE HEREINAFTER DESCRIBED
PROPERTY TO B-2, BUSINESS DISTRICT
CLASSIFICATION; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment
of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and
otherwise, and after holding due hearings and affording a full and fair hearing to all property
owners generally and to owners of the affected property, the governing body of the City is of the
opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same
is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter
described property a new zoning classification of B-2, Business District Classification, said
property being described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be, and the
same are hereby, repealed and all other ordinances of the City not in conflict with the provisions
of this ordinance shall remain in full force and effect.
SECTION 3.
That the above described property shall be used only in the manner and for the purposes
provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the
granting of this zoning classification.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be
subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now
exists or is hereafter amended.
SECTION 5.
Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of
this ordinance as a whole or any part or provision thereof, other than the part so declared to be
invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 6.
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION 7.
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to
accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this day of , 1998.
By
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
•
BEING a tract of land situated in the J. W.' CURTIS SURVEY, ABSTRACT NO. 196
and the MICHAEL MILLRO; SURVEY, ABSTRACT NO. 563, City of Wylie, COLLIN
County, Texas, and also being part of a 42.735 acre tract conveyed to B. C.
Wood, recorded in Volume 418, Page 131, Deed Records, COLLIN County, Texas,
and being more particularly described as follows:
BEGINNING at a point on the South line of the St. Louis Southwestern.
Railroad, said point being the Northeast corner of said 42.735 acre tract,
a fence corner post for corner;
THENCE South 16 degrees 34 minutes 13 seconds East, leaving the said
Southerly line of St. Louis Southwestern Railroad, a distance of 397.27
feet to a point on the Northerly line of F. M. Road No. 544, a 1/2 inch
iron stake set for corner;
THENCE along the Northerly line of F. M. Road 544, the following:
North 70 degrees 48 minutes West, a distance of 1036.71 feet to the
beginning of a curve to the left having a central angle of 21 degrees 08
minutes 27 seconds a radius of 1969.86 feet, a 1/2 inch iron stake set
for corner (Long chord bearing S 87 deg. 14 min. 09 sec. E, chord
length 722.7172 feet) ;
Around said curve a distance of 726.83 feet to the end of said 'curve, a
right-of-way monument found for corner;
North 20 de rees 09 minutes 07 seconds West, a distance of 30.57 feet to
a point on the southerly line of St. Louis Southwestern Railroad, a 1/2
inch iron stake set for corner;
THENCE along the Southerly line of St. Louis Southwestern Railroad, the
following:
North 86 degrees 24 minutes 02 seconds East, a. distance of 395.44 feet
to the beginnin of a curve to the right having a central angle of 12
degrees 43 minutes 33 seconds, a radius of 2814.79 feet( a 1/2 inch iron
stake set for corner (Lon chord bearing S 87 deg. 14 min. 09 sec. E,
Chord length 623.9059 feet) ;
Around said curve a distance of 625.19 feet to the end of said curve, a
1/2 inch iron stake set for corner;
South 80 degrees 52 minutes 25 seconds East, a distance of 580.32 feet
to the PLACE OF BEGINNING and CONTAINING 6.902 acres of land, more or
less.
SAVE AND EXCEPT that portion conveyed in Warranty Deed from B. C. Wood and
wife, Nettie Wood, to Texas Power & Light Comoany, dated December 2, 1960,
�.� filed December 14, 1960, recorded in Volume 57 , Page 224, Deed Records,
COLLIN County, Texas.
SAVE AND EXCEPT
Being all that certain tract or parcel of land situated in the John 11'. (Curti.( Survey, Abstract No.
196, Collin County, Texas, and being a part of a tract of lane( conveyed to K. Richard Parker by
deed recorded by ('ornstr Clerks No. 9.3-009-1964, Collin County, Texas and being wore
particular) • described us follows:
•
Beginning at a 112 inch iron rod found in the northeast right-Of-way line of P.M. Road No. 5-1-1
and being the southeast corner of a 191.4 acre tract of land convened to M.E. Mathews by deed
recorder! in 1 olttnte 165, Page Sib, Deed Record.', Collin County. Texas;
Thence, A' 7U' -4S' 00" II•, along said right-of-wavline. a distance of 202.9.3 feet to a 112 ittclt iron
rod set for corner;
77tertc•e. A 16° )-!' 06" L. cr distance of 01.7-1 fret to a metal fence post for corner:
77tence, A' )7° 3-I' .3/" 11', a distance of 65.26 fret to a 1/2 inch iron rod set for corner in the
southeast line of a tract of land conveyed to Texas Power cl Light Company by deed recorded in
Volume 575. Page 22-1, Deed Records, Collin County, Texas:
Thence, A' 49° 53' 4/" E. along the southeast line of said Texas Posner & Light Company tract
of land. cc distance of 7-1.05 feet to a /;2 inch iron rod .vet Pr corner in the west line of
aforementioned Mathews tract of land;
T/tence. .S' /6° 34'/3" F. along the west lute of said Mathews tract of land. a distance of.3,S-1.-1-1
feet to the !'oust of Beginning and containing 0.76S acres of land.
WYLIE CITY COUNCIL
INDIVIDUAL CONSIDERATION
Item No. 4
August 11, 1998
Issue
Consider and Act Upon a Final Plat for Mill Creek Estates, Replat of Lots 1 & 15, Block A,Proposed
by Richard and June Nance, Generally Located at the Southeast Corner of Forest Edge Drive and
Brentwood Drive and Being all of Lots 1 and 15, Block A, of the Mill Creek Estates Addition, City of
Wylie, Collin County, Texas.
Background
The final plat under consideration is Mill Creek Estates, replat of Lots 1 and 15, Block A. The applicant
is replatting two (2)lots in order to increase the size of lot 15 and decrease the size of lot 1. Specifically,
the applicant is relocating the rear lot line of lot 15 sixty feet (60') to the south. The property is
currently vacant, zoned SF-2 (Single Family Residential), and platted as Lots 1 and 15, Block A, of the
Mill Creek Estates Addition.
Other Consideration
• Staff has reviewed the proposed plat and found it to be in compliance with the Subdivision
Regulations and other pertinent ordinances of the City of Wylie.
• Due to the fact that the proposal under consideration is a replat of an existing subdivision zoned for
residential uses, state law mandates that the City notify property owners within 200' and hold a
public hearing prior to taking action. Public Comment Forms were mailed to thirteen (13) property
owners as required by state law. No Public Comment Forms have been returned.
Financial Considerations
Plat application fee - $135.00
Commission Recommendation
At the July 6, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously
to favorably recommend this case.
Item for Individual Consideration
Public Hearing-Final Plat/Mill Creek
Page 1
Staff Recommendation
Approval
The Department's of Public Works, Fire, and Community Development concur with this
recommendation
Attachments
Public Hearing Notice
Property Owner Notification Report
Final Plat Application
Final Plat
-4107/4/Z--- led ezi%)
Prepared by evi ed by Financ City Manager Approval
Item for Individual Consideration
Public Hearing-Final Plat/Mill Creek
Page 2
PUBLIC NOTICE FOR
Mill Creek Estates, Replat of Lots 1 & 15, Block A
PUBLIC NOTICE BEFORE THE PLANNING AND
ZONING COMMISSION OF THE CITY OF WYLIE,
TEXAS AND THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, TO CONSIDER RESUBDIVISION OR
REPLATTING OF RECORDED SUBDIVISION WITHIN
THE CITY LIMITS OF WYLIE, COLLIN COUNTY, TEXAS.
Notice is hereby given that the following public hearings to consider resubdivision or
replatting of a recorded subdivision as hereinafter described will be held in the City
Council Chambers of the Municipal Complex, 2000 Highway 78 North, Wylie, Texas:
Planning & Zoning Commission: 7:00 PM, July 20, 1998
City Council: 7:00 PM, August 11, 1998
Being Lots 1 & 15, Block A, of Mill Creek Estates. This property is generally located at
the southeast corner of Forest Edge Drive and Brentwood Drive.
Section (212.015), Subsection (c):
If the proposed replat requires a variance and is protested in accordance
with this subsection, the proposed replat must receive, in order to be
approved, the affirmative vote of at least three-fourths of all members of
the municipal planning commission or governing body, or both. For a
legal protest, written instruments signed by the owners of at least 20
percent of the area of the lots or land immediately adjoining the area
covered by the proposed replat and extending 200 feet from that area,
but within the original subdivision, must be filed with the municipal
planning commission or governing body, or both, prior to the close of the
public hearing.
All citizens or interested parties desiring to be heard concerning this replat may speak.
The application and documents are on file for public examination in the Department of
Planning, 2000 Highway 78 North, Wylie, Texas
Tobin E. Maples
Director of Planning
NOTIFICATION REPORT
APPLICANT: Richard Nance APPLICATION FILE # Replat Lots 1 & 15
224 Meadowlark Lane Wylie, Texas 75098 . Mill Creek Estates
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Mill Creek Estates (Applicant) 224 Meadowlark Lane
1 A 1 R-3247-00A-0010-1 Richard Nance Wylie, Texas 75098
Mill Creek Estates 1111 Belt Line Road #105
2 A 2 R-3247-00A-0020-1 Anthony Hankey Garland, Texas 75040
Mill Creek Estates (Plat call) 2604 Ashroft
3 A 2 R-3247-00A-0020-1 Charles E. Harrison III Plano, Texas
Mill Creek Estates 913 Stone Road
4 A 3 R-3247-00A-0030-1 James Edge Wylie, Texas 75098
Mill Creek Estates 718 Flagstone Way
5 A 11 R-3247-00A-0010-1 Jimmy D. Cummings Wylie, Texas 75098
Mill Creek Estates 1521 Schooner Bay
6 A 12 R-3247-00A-0120-1 Greg A. geels Wylie, Texas 75098
Mill Creek Estates P.O. Box 451
7 A 13 R-3247-00A-0130-1 Ron Brown Wylie, Texas 75098
Mill Creek Estates 709 Stoneybrook
8 A 14 R-3247-00A-0140-1 Chris Gray Wylie, Texas 75098
Mill Creek Estates (Applicant) 224 Meadowlark Lane
9 A 15 R-3247-00A-0150-1 Richard Nance Wylie, Texas 75098
Mill Creek Estates 714 Meadow
10 A 16 R-3247-00A-0160-1 Joel Orr Wylie, Texas 75098
Mill Creek Estates (Plat call) 417 Quail Creek Blvd
11 A 16 R-3247-00A-0160-1 Mark Ellerman Wylie, Texas 75098
Mill Creek Estates P.O. Box 966
12 A 17 R-3247-00A-0170-1 Steven Anderhub Wylie, Texas 75098
Mill Creek Estates (Plat call) 4109 Scott Drive
13 A 17 R-3247-00A-0170-1 Joseph Henchal Rowlett, Texas 75088
WYLIE CITY COUNCIL
INDIVIDUAL CONSIDERATIONTrit
Item No. 5
August 11, 1998
Issue
Consider and Act Upon a Request from Tipton Engineering for Birmingham Land,Ltd., for Approval
of a Zone Change from R(Retail), B-1 & B-2 (Business), MF (Multifamily), 2F (Two Family), SF-A
(Single Family Attached), SF-1, SF-2 & SF-3 (Single Family)to PD (Planned Development) for SF-3
(Single Family), SF-PD (Single Family,- 6,000 sq. ft. lots), R (Retail), and MF (Multifamily) for the
Property Generally Located at the Northeast Corner of FM 1378 and Brown Street, and Being All of
a Certain 640.2 Acre Tract out of the D.W. Williams'Survey, Abstract No. 1021, the Charles Atterbury
Survey, Abstract No. 2, the J.C. McUlmurray Survey, Abstract No. 629, and the Mercer Phelan Survey,
Abstract No. 695, City of Wylie, Collin County, Texas.
Background
The applicant is requesting rezoning on 640.205 acres in order to develop the property with a master
planned community encompassing an elementary school and single family, multifamily, retail, and open
space uses. The property to the north is vacant and zoned for SF-2 (Single Family) uses. The property
to the northeast is not within the City of Wylie proper. The properties to the east and southeast are
zoned SF-2 and SF-3 (Single Family) and developed accordingly with single family homes. The
properties to the south are zoned A (Agricultural) and partially developed with single family uses and
a nursery. The property to the southwest is zoned A(Agricultural) and B-2 (Business). The B-2 tract
is developed with an existing business and the Agricultural tract is vacant. The properties to the west
are zoned SF-1 (Single Family) and developed with single family homes. The property to the northwest
is not within the City of Wylie proper.
Public Comment Forms were mailed to fifty-eight (58) property owners within 200 feet of this request.
Two (2) Public Comment Forms in opposition and one (1) Public Comment Form in support of the
request have been returned. The opposition represents 3% of the property within 200 ft.
Financial Consideration
Zoning Change Application Fee - $225.00
Item for Individual Consideration
Public Hearing-Zoning Case No. 98-08
Page 1
Other Considerations
• The Comprehensive Plan recommends Single Family Residential, Multifamily, Retail, and Park/Open
Space uses for the property. Staff is of the opinion that the Concept Plan under consideration does
not meet the intent of the Comprehensive Plan as the minimum single family residential lot size
permitted by zoning is 7,200 square feet. Also, the majority of the open space being proposed is
located within the 100 year flood plain. According to Article IV (Parkland Dedication), Section 78-
111 of the Code of Ordinances, areas primarily located within the 100 floodplain are considered
unsuitable for dedication. As a result, the proposal under consideration may not comply with the
City's Master Parks and Open Space Plan and parkland dedication requirements. Specifically, the
Master Parks and Open Space Plan recommends one(1) community and two (2) neighborhood parks
for this area or zone. According to the Master Parks and Open Space Plan, the desirable size for
community and neighborhood parks are approximately forty (40) and ten (10) acres respectively.
Also, the tract maps appear to indicate that the City will be responsible for constructing or paying
for 1/2 of the roadway systems adjacent to the proposed parkland dedication (Tract 0 & Tract Q).
Staff recommends that the applicant clarify whether or not the proposal under consideration requires
City participation concerning the construction of proposed roads.
• The applicant has proposed two (2)Hike and Bike Trails. Staff recommends that the applicant verify
the applicable development standards associated with said trails (All-weather surface, maintenance
responsibility, etc.).
• The applicant is filing this PD (Planned Development) in order to request several variances to the
zoning ordinance. Specifically, the applicant is proposing a master planned community incorporating
variances to the single family residential development standards and the Master Thoroughfare Plan.
• Specific variances' to the single family residential development standards are as follows:
1. The applicant is proposing a master planned community encompassing approximately 1,736
detached single family residential units. The minimum lot size being proposed on 770 of the
single family lots (44%) is 6,000 square feet. The minimum house size being proposed on
said 770 lots is 1,400 square feet. The minimum lot and house size permitted within the SF-3
district are 7,200 square feet and 1,100 square feet respectively.
2. Additional reductions to the single family residential area regulations being requested on the
6,000 square foot lots are as follows:
.........................................................................................................................................................................................................................
IMMEMEHMEMINimBiii:Eingult
........................................................................................................................................ ................................................................................
.........................................................................................................................................................................................................................
t0040ed ,eqob 1l4T
MEEFibitp.Vat.dammii 20 ft. 25 ft.
15 ft.for P P rinci le structure and 20 ft. 25 ft.
for garage
10 ft. between structures and 15 ft. Not less than 6 ft. on each side of the
for side yards adjacent to a side street. lot and 20 ft.for side yards adjacent
to a side street.
lt[ Ti Vl}idi€ 50 ft. 60 ft.
......................................................
......................................................
......................................................
......................................................
Hpt 30 ft. or 2 1/2 stories 2 stories
• The applicant has proposed a minimum dwelling size of 1,400 square feet for the 6, 000 and 7,200
square foot lots. The minimum dwelling size permitted within the SF-3 district is 1,100 sq. ft.
Item for Individual Consideration
Public Hearing-Zoning Case No. 98-08
Page 2
Other Considerations -continued
• The applicant has proposed a minimum dwelling size of 1,600 square feet for the 8,500 square foot
lots. The minimum dwelling size permitted within the SF-2 district is 1,500 square feet.
• Specific variances' to the multifamily residential development standards are as follows:
1. The applicant is proposing 26.63 acres of multifamily use with a minimum dwelling size of
900 square feet. The minimum size for a three bedroom unit in the MF (Multifamily) zoning
district is 1,000 square feet. Staff recommends that the applicant clarify whether or not the
proposal under consideration incorporates three bedroom units that comply with the City's
minimum 1000 square foot requirement.
• Specific variances' to the Master Thoroughfare Plan are as follows:
1. The Master Thoroughfare Plan indicates that the northern extension of Westgate (Collector
Street) traverses this property from Brown Street to Park Boulevard. The Concept Plan
under consideration does not provide for said extension of Westgate.
• The applicant is aware that the property must be platted prior to the issuance of any building permits.
Parks Board Recommendation
At the July 27, 1998, Parks Board meeting, the Board voted unanimously to accept the conceptual park
land dedication.
Commission Recommendation
At the July 20, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously
(6-0) to recommend denial of this case. Commissioner Ahrens abstained.
Staff Recommendation
Denial
The Departments of Public Works, Fire, and Community Development concur with this
recommendation.
Attachments
Public Comment Form Public Hearing Notice
Location Map Zoning Change Application
Area Zoning Map Proposed Land Data
Protest Analysis Map Concept Plan
Property Owner Notification Map Property Owner Notification Report
Prepared by Revi by Financ City Manager Approval
Item for Individual Consideration
Public Hearing-Zoning Case No. 98-08
Page 3
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North RECO J U N 2 9 1998
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case#98-08.
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#98-08.
Date,Location&Time of
Planning&Zoning
Commission meeting: Monday,July 6, 1998,7:00 pm
Municipal Complex,2000 Highway 78 North, Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday, August 11, 1998,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: . e%G iv 5704 e//�
(please print)
Address: /3t)X 7 3 / / % 0 fi(.), 0%U�WA)
/kW e_ 75( -7 s 91
Wylie Tax Account Number / ,�7
(if shown on enclosed map): /� __ ` U �®—/
Signature:
Date:
COMMENTS:
PUBLIC COMMENT FORM
(Please type or use black ink)
REC'D J U L 0 61998
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case#98-08.
r// I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#98-08.
Date,Location&Time of
Planning&Zoning
Commission meeting: Monday, July 6, 1998,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday, August 11, 1998,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: Do liQD t)
(please print)
Address: rL s k.4) .
Lk.) -\\Lk-
Wylie Tax Account Number ( tt�
(if shown on enclosed map): (27) 2AS L- .p 11 -L;1 0- 1 �1U D C Z� g- (0 Z-a_Q6p_ 007Q- 1
Signature:
Date: l ( t C
COMMENTS:
PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
V I am FOR the requested zoning as explained on the attached public notice for Zoning Case#98-I
I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#98-01
Date,Location&Time of
Planning&Zoning
Commission meeting: Monday,July 6, 1998,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: Tuesday, August 11, 1998,7:00 pm
Municipal Complex,2000 Highway 78 North, Wylie,Texas
Name: t' C COI CRA
(please print)
Address: S06 3 O'h
0'C1G t GZJf31.1
Wylie Tax Account Number
(if shown on enclosed map):
Signature:
Date:
COMMENTS:
•
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PROTEST ANALYSIS
MAP
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Zoning Case 98-08
Total Area within 200'
(Excluding Subject Property) 126.04 Acres
Total Area Protesting 3.79 Acres
Percentage Protesting 3.0%
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OWNER NOTIFICATION MAP
7CiMI ICZ recta OA_nRt
NOTIFICATION REPORT
APPLICANT: Birmingham Land Ltd. &Wylie Bilco, Inc. APPLICATION FILE # 98-0008
18124 Peppy Place Dallas, Texas 75252
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Presidential Estates 1604 Lincold Drive
1 B 17 R-2249-00B-0170-1 James Cummings Wylie, Texas 75098
Presidential Estates 1602 Lincoln Drive
2 B 18 R-2249-00B-0180-1 Jeff Willett Wylie, Texas 75098
Presidential Estates 402 Monroe
3 G 1 R-2249-00G-0010-1 Ronnie Kirk Wylie, Texas 75098
Presidential Estates 404 Monroe
4 G 2 R-2249-00G-0020-1 Carlos Sosa Wylie, Texas 75098
Presidential Estates 406 Monroe
5 G 3 R-2249-00G-0030-1 Tracy Bradley Wylie, Texas 75098
Presidential Estates 408 Monroe
6 G 4 R-2249-00G-0040-1 Jay Vlack & Lori Welsh Wylie, Texas 75098
Presidential Estates 410 Monroe
7 G 5 R-2249-00G-0050-1 Daniel Perez Wylie, Texas 75098
Presidential Estates 1601 Kennedy
8 I 9 R-2249-001-0090-1 James Grisham Wylie, Texas 75098
Lake Ranch Estates P.O. Box 1643
9 1 R-0785-000-0010-1 Bob McBride Wylie, Texas 75098
Lake Ranch Estates 201 Lake Ranch Lane
10 2 R-0785-000-0020-1 Mark Kerr Wylie, Texas 75098
Pointe North Phase II 3504 Santana
11 A 1 R-1901-001-0010-1 Michael Sartain Plano, Texas 75023-3705
Pointe North Phase II 3348 Goefers Drive
12 A 2 R-1901-001-0020-1 Chen Wang Oceanside, CA 95056-1713
Pointe North Phase II 405 N. Gaston
13 A 3 R-1901-001-0030-1 Jose Gonzales Wylie, Texas 75098
Pointe North Phase II 407 N. Gaston
14 A 4 R-1901-001-0040-1 Thomas Cline Wylie, Texas 75098
Pointe North Phase II 409 N. Gaston
15 A 5 R-1901-001-0050-1 Steven Ahrens Wylie, Texas 75098
Pointe North Phase II 411 N. Gaston
16 A 6 R-1901-001-0060-1 Vincent maige Wylie, Texas 75098 _
Pointe North Phase II 413 N. Gaston
17 A 7 R-1901-001-0070-1 Christi Proter Wylie, Texas 75098
Pointe North Phase II 415 N. Gaston
18 A 8 R-1901-001-0080-1 Mark Rodriguez Wylie, Texas 75098
Pointe North Phase II 417 N. Gaston
19 A 9 R-1901-001-0090-1 David Thomas Wylie, Texas 75098
Pointe North Phase II 419 N. Gaston
20 A 10 R-1901-001-0100-1 Cory White Wylie, Texas 75098
Pointe North Phase II 421 N. Gaston
21 A 11 R-1901-001-0110-1 Alan Blaylock Wylie, Texas 75098
Pointe North Phase II 423 N. Gaston
22 A 12 R-1901-001-0120-1 Scott Foster Wylie, Texas 75098
Pointe North Phase II 425 N. Gaston
23 A 13 R-1901-001-0130-1 Peter Dunlop Wylie, Texas 75098
Pointe North Phase II 427 N. Gaston
24 A 14 R-1901-001-0140-1 Richard Eckman Wylie, Texas 75098
Pointe North Phase II 501 N. Gaston
25 B 1 R-1901-002-0010-1 Bobby Jennings Wylie, Texas 75098
Pointe North Phase II 503 N. Gaston
26 B 2 R-1901-002-0020-1 Robert Clay Wylie, Texas 75098
Westgate Phase I 725 W. Brown
27 17 17 R-2151-017-0170-1 Kent Dowden Wylie, Texas 75098
Westgate Phase I 1901 Ascension #100
28 18 1 R R-2151-018-001 R-1 DR Horton Arlington, Texas 76006-6521
Westgate Phase I 1901 Ascension #100
29 18 2R R-2151-018-002R-1 DR Horton Arlington, Texas 76006-6521
Westgate Phase I 600 Gateway Bend
30 18 3R R-2151-018-003R-1 Archie Pugh Wylie, Texas 75098
McMillen Farms 1335 FM 1378
31 3 R-2885-000-0030-1 James Feivor Wylie, Texas 75098
1315 FM 1378
32 4 R-2885-000-0040-1 Raul Rubalcava Wylie, Texas 75098
1315 FM 1378
33 5 R-2885-000-0050-1 Raul Rubalcava Wylie, Texas 75098
1315 FM 1378
34 6 R-2885-000-0060-1 Raul Rubalcava Wylie, Texas 75098
1355 FM 1378
35 1-9 R-3251-000-0019-1 Phillip Easterling Wylie, Texas 75098
7301 Alma # 1738, Bldg 17
36 2-10 R-3251-000-0210-1 Henry Largey Plano, Texas 75025-3500 _
1001 S. Ballard Avenue
37 Abst 1021 Tract 3 R-7021-000-0030-1 Wylie ISD Wylie, Texas 75098
1001 S. Ballard Avenue
38 Abst 1021 Tract 5 R-7021-000-0050-1 Wylie ISD Wylie, Texas 75098
c/o Wylie ISD Ag Barn
39 Abst 695 Tract 7 R-6695-000-0070-1 Birmingham Trust Wylie, Texas 75098
1001 S. Ballard Avenue
40 Abst 695 Tract 10 R-6695-000-0100-1 Wylie ISD Wylie, Texas 75098
7700 Northaven Road
41 Abst 266 Tract 1 R-6266-000-0010-1 Ralph Pinkus Dallas, Texas 75230-3224
725 Brown Street
42 Abst 266 Tract 5 R-6266-000-0050-1 Edward Dowden Wylie, Texas 75098
P.O. Box 1404
43 Abst 266 Tract 8 R-6266-000-0080-1 John Ereckson Wylie, Texas 75098
P.O. Box 431
44 Abst 266 Tract 9 R-6266-000-0090-1 Ledon Bramlett Wylie, Texas 75098
P.O. Box 784
45 Abst 266 Tract 10 R-6266-000-0100-1 Winston Watkins Wylie, Texas 75098
1350 W. Brown Street
46 Abst 266 Tract 12 R-6266-000-0120-1 James Wright Wylie, Texas 75098
P.O. Box 1211
47 Abst 266 Tract 16 R-6266-000-0160-1 Bedford Hartman Wylie, Texas 75098
7700 Northaven Road
48 Abst 266 Tract 19 R-6266-000-0190-1 Ralph Pinkus Dallas, Texas 75230-3224
8344 E. RL Thornton Frwy #10
49 Abst 266 Tract 34 R-6266-000-0340-1 FM 3412 Venture Dallas, Texas 75228-7186
6800 Coit Road
50 Abst 563 Tract 2 R-6563-000-0020-1 Frances Bates Wells Plano, Texas 75023-1003
P.O. Box 595
51 Abst 22 Tract 5 R-6022-000-0050-1 Northeast Texas Ready Mix, Inc. Wills Point, Texas 75169-0595
P.O. Box 446
52 Abst 22 Tract 6 R-6022-000-0060-1 Novid Properties, Inc. Josephine, Texas 75164
1001 S. Ballard Avenue
53 Abst 22 Tract 8 R-6022-000-0080-1 Wylie ISD Wylie, Texas 75098
2612 Natalie Drive
54 Abst 629 Tract 7 R-6629-00-0010-1 James Isbell &Carl Tobler Plano, Texas 75074
210 S. McDonald
55 FM 1378 Collin County Commissioners Court McKinney, Texas 75069
210 S. McDonald
56 Brown Street (FM 3412) Collin County Commissioners Court McKinney, Texas 75069
210 S. McDonald
57 McMillen Road Collin County Commissioners Court McKGnney, Texas 75069 -
18124 Peppy Place
58 Abst 22 Tract 1 R6022-000-0010-1 Birmingham Land Ltd. Dallas, Texas 75252
NOTICE OF PUBLIC HEARING
PLANNING AND ZONING COMMISSION
AND CITY COUNCIL
An application has been received by the City of Wylie for a:
PROPOSED ZONING CHANGE
Zoning Case Number: 98-08
Applicant: Birmingham Land.Ltd. Attn. John Baker
Location: NEC of FM 1378 and Brown Street
Property Description: (See the attached Exhibit"A"for full legal description)
Present Zoning: R(Retail),B-1 &B-2(Business),MF(Multifamily),2F(Two Family), SF-A(Single Family
Attached), SF-1, SF-2&SF-3 (Single Family)
Requested Zoning: PD(Planned Development)for SF-3 (Single Family),R(Retail),MF(Multifamily), SF(Single
Family),with a school and open space
Proposed Master Planned Community.
This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of
Wylie,Texas and the Official Zoning Map. The request will be considered as follows:
Planning and Zoning Commission: Monday,July 6,1998,7:00 PM
City Council: Tuesday,August 11,1998,7:00 PM
Each public hearing will be held at the following location:
City Council Chambers of the Municipal Complex
2000 Highway 78 North,Wylie,Texas
This notice has been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last
approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is
not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall
be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the
City Council may be more restrictive than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If
you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and
return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if
applicable)on the enclosed form and return it to the following address:
City of Wylie
Department of Planning
2000 Highway 78 North
Wylie,TX 75098
If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public
hearing. state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of
the City Council.
The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For
additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when
requesting information.
This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103,
or(TDD)(972)442-8170 for assistance.
May-27-98 12 : 30P TWIN CREEKS GOLF CLUB 972 390 7216 P-01
FILE No. 062 06/27 '98 12:30 ID:TIPTON ENGNEERING 972 226 1946 PAGE 1
Page 1 of 2 (5/93) 9 8 08
CITY OF WYLIE
P.O. BOX 428
WYLIE, TEXAS 75098 RECD MAY 2
71998
APPLICATION FOB ZQNING CHANGE
Case No. Filing Fee Date May 27, 1998
Birmingham Land, Ltd.
ApplicantWyl ie Bilco, Inc. , General Partner Phone No. 972-965-477-
Mailing Address: ilk No. 972-612-2102
18124 Peppy Place
AGENT:John Baker/ J. Baker Corp.
Dallas _ Texas JSyU 12890 lilllcrest, Ste. 106
Dallas, Texas 75230
• Ph: 972-3.87--9200 -• --
Fax: 972-387-9313
LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED. (If additional space is
needed for description, the description may be put on a.separate sheet and attached hereto).1
I hereby request that the above described property be changed from its present zoning which
is P.D. District Classification to Revised. P.D. District Classification
for the following reasons:
(attach separate sheet if necessary)
To eliminate high density residential and high intensity commercial .
The proposed plan will provide for low density residential and
neighborhood retail service.
There (are not) deed restrictions pertaining to the intended use of the property.
2
Status of Applicant Owner X Tenant
Prospective Purchaser
I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this
requested zoning change and have read the following concerning the importance of my submitting
to the City a sufficient legal description. d
9.y; a ne gr lco he. 60-1
Signed � � � 1 S /-ly,�k,, !/c Pnf:k.t
!bite:LAT /_b_,Aai
Page 2 of 2
Note:
1
The legal description is used to publish notice of the required hearing and in the preparation of
the final ordinance granting the zoning change. The description must be sufficient so as to allow
a qualified surveyor to take the description and locate and mark off the tract on the ground. Each
applicant should protect himself by having a surveyor or his attorney approve his legal
description. Failure to do so by the applicant may result in delay in passage of the final ordinance
or the ordinance being declared invalid at some later date because of an insufficient legal
description.
2
If the applicant is someone other than the owner, written acknowledgement by the owner of the
zoning request must also be submitted.
r I LL NO. LUO )D ._ _- V.=•- t 1 r I UI', tNi_INLLN 1I\4J ifCQ l`_140
PROM' : M`St Investments, Inc. PHONE NO. : 972 612 2102 Jun. 12 1998 02:15PM P2
FlU No. 254 W%12 '89 '.4! 3 t'.:T:A'Q, er2.Eznz 87,2 228 1948 oPLE 2
•
•
•
June 12, 1998
air_Tobin Alpine
Director of Plarzntag
CITY OS WYL E
2tCO Higneoy 78 North
' Tear 75093
Re: BIRM NGHAM PASS ESTATES
WYL1Y,TEXAS
Mr.Msptcs:
Wo:az the current ovfmrs of Os above-Worm:Di property or.,S Tipton EE..giaming,Inc.hat Does
tg td to act,urtder cur ditsctioa,in Qto rezoning of this property.
Sincerely,
H1RMTli LAND,LTD. •
By: i!e Moo, GaneZLl curet
By: Af>_wed S.Hymek,Vko Preeldea
FIELD NOTES
4384FLD
Situated in the County of Collin, State of Texas, being a part of the D.W. Williams
Survey, Abstract No. 1021, the Charles Atterbury Survey, Abstract No. 2, the J.C.
McUlmurray Survey, Abstract No. 629, and the Mercer Phelan Survey, Abstract No. 695,
and being the same land described in deed to Mortgage Corporation of Texas from Louis
G. Reese, Inc., in Volume 2087, Page 895, Deed Records, Collin County, Texas, and
being more particularly described by metes and bounds as follows;
BEGINNING at a 1/2" steel rod found in the North right-of-way line of F.M. Highway
No. 3412, said rod maintaining the Southwest corner of a 15.00 acre tract of land
conveyed to Wylie Independent School District by deed recorded in Volume 930, Page
145, said Deed Records;
THENCE,N 88° 50' 43" W, with said North right-of-way line, a distance of 3269.71 feet
to a 5/8" steel rod found at an angle point;
THENCE,N 88° 39' 12" W, continuing with said right-of-way line a distance of 1859.64
feet to a 1/2" steel rod found maintaining the Southeast corner of a tract of land conveyed
to Provident Bank by deed recorded in Volume 3485, Page 372, said Deed Records;
THENCE, N 00° 41' 00" W, a distance of 1816.79 feet to a 5/8" steel rod found
maintaining the Northeast corner of a 10.00 acre tract of land previously conveyed to
North East Texas Ready Mix, Inc.;
THENCE, S 89° 23' 17" W, a distance of 811.30 feet to a 5/8" steel rod found in East
right-of-way line of F.M. Highway No. 1378;
THENCE, in a Northerly direction with said West right-of-way line the following calls
and distances;
N 00° 34' 12" W, a distance of 3039.33 feet to a 1/2" steel rod found;
N 00° 21' 51" W, a distance of 830.51 feet to a 5/8" steel rod found;
N 00° 05' 21" W, a distance of 907.84 feet to a 5/8" steel rod found at the
Southwest corner of a 43.36 acre tract of land previously conveyed to James D.
Isbell et al;
THENCE, N 88° 36' 14" E, a distance of 2588.67 feet to a 5/8" steel rod found in the
West line of a Quail Creek Addition, an addition to the City of Wylie as shown by plat
record in Cabinet B, Page 170, Plat Records, Collin County, Texas;
THENCE, S 00° 45' 21" E, with said West line a distance of 3,009.09 feet to a 5/8" steel
rod found at the Southwest corner of the said 60 acre tract;
THENCE, S 89° 52' 05" E, with the South line of said 60 acre tract a distance of 3128.04
feet to a 1/4" steel rod found at the Northwest corner of 15.486 acre tract of land
conveyed to the Wylie Independent School District recorded in Volume 2087, Page 888,
said Deed Records;
THENCE, S 00° 44' 46" E, with the West line of the said school tract a distance of
546.00 feet to a 1/2" steel rod set in the centerline of a proposed street, said rod
maintaining the most Northerly Northeast corner of a 18.3561 acre tract of land also
conveyed to the Wylie Independent School District in Volume 2493, Page 580, said Deed
Records;
THENCE, in a Westerly direction with said centerline and a curve to the right having a
radius of 900.00 feet, (chord bears S 87° 45' 59" W, 72.72 feet), an arc distance of 72.74
feet to a 1/2" steel rod set at the end of said curve;
THENCE,N 89° 45' 59" W, continuing with said centerline a distance of 221.25 feet to a
1/2" steel rod set in the centerline of a proposed street to the South;
THENCE, S 01° 00' 00" W, with said centerline a distance of 891.86 feet to a 1/2" steel
rod set at the beginning of a curve to the right having a radius of 300.00 feet;
THENCE, in a Southwesterly direction with said centerline and curve, (chord bears S 10°
45' 03" W, 101.62 feet), an arc distance of 102.11 feet to a 1/2" steel rod set at the
beginning of a reverse curve to the left having a radius of 300.00;
THENCE, in a Southwesterly direction with said centerline and curve, (chord bears S 10°
45' 03" W, 101.62 feet) an arc distance of 102.11 feet to the end of said curve;
THENCE, S 01° 00' 00" W, a distance of 25.00 feet to a 1/2" steel rod set in the
centerline of a proposed street running Easterly;
THENCE, S 89° 00' 00" E, with said centerline a distance of 341.16 feet to a 1/2" steel
rod set at the beginning of a curve to the right having a radius of 317.77 feet;
THENCE, in a Southeasterly direction with said centerline and curve, (chord bears S 64°
42' 17" E, 261.49 feet), an arc distance of 269.49 feet to a 1/2" steel rod set at the end of
said curve;
THENCE, S 40° 24' 34" E, continuing with said centerline a distance of 150.00 feet to a
1/2" steel rod set at the beginning of a curve to the left having a radius of 384.28 feet;
THENCE, in a Southeasterly direction with said centerline and curve, (chord bears S 65°
23' 39" E, 324.62 feet), an arc distance of 335.14 feet to a 1/2" steel rod set in the West
line of Pointe North Addition, Phase II, an addition to the City of Wylie, Texas, as shown
by plat of record in Cabinet F, Page 264, said Plat Records;
THENCE, S 00° 52' 09" E, with said West line a distance of 907.45 feet to a 5/8" steel
rod found at the Southwest corner of said addition;
THENCE, N 89° 07' 01" W, a distance of 392.88 feet to a 1/2" steel rod found at the
Northwest corner of said 15.00 acre tract of land;
THENCE, S 00° 32' 49" W, with the West line of said 15.00 acre tract a distance of
808.89 feet to the POINT OF BEGINNING and containing 27,887,112 square feet or
640.2 acres of land more or less.
BIRMINGHAM PARK ESTATES RED JUL i 5 1998
WYLIE, TEXAS
PROPOSED LAND USE DATA LOW DENSITY
RESIDENTIAL PLANNED DEVELOPMENT
BIRMINGHAM PARK ESTATES RESIDENTIAL PROPOSED ZONING:
ACRE ZONING NO. OF UNITS DENSITY S.F.
177.58 Single Family 770 4.34
I. P.D.S.F. - LOW DENSITY RESIDENTIAL DESIGN STANDARDS
1. PURPOSE
This district is intended for low density residential uses. Planning techniques will
involve traditional single family detached, residential designs with a minimum lot
size of 6,000 SF.
2. FRONT YARDS
Minimum front yard building line 20' (Twenty Feet).
3. REAR YARDS
There shall be a rear yard having a depth being not less than 15' (Fifteen Feet) with
a minimum of 20' (Twenty Feet) for garage setbacks.
4. SIDE YARDS
A side yard provided whereas a separation of 10' (Ten Feet) is always maintained
between structures. A side yard adjacent to a side street shall not be less than 15'
(Fifteen Feet), even when a side yard is across from a front yard, the side yard
shall be 15' (Fifteen Feet).
5. MINIMUM LOT WIDTH
There shall be a minimum lot width of 50' (Fifty Feet) measured at the front
building line.
6. MINIMUM LOT DEPTH
There shall be a minimum lot depth of 110' (One Hundred Ten Feet) and 100'
(One Hundred Feet) at cul-de-sac.
7. USE REGULATIONS
Single family detached units and accessory uses customarily incidental to the use.
Churches and church related uses as permitted by specific use permit.
8. HEIGHT REGULATIONS
No building shall exceed 30' (Thirty Feet) or two (2) stories in height.
9. MINIMUM DWELLING SIZE
Minimum dwelling size shall be 1,400 (One Thousand Four Hundred Feet).
10. LOT COVERAGE
In no case shall more than 55% (Fifty-five Percent) of the total lot area be covered
by the combined area of the main buildings and accessory buildings.
11. BUILDING REGULATIONS
All main buildings shall have exterior construction of a minimum of 75% (Seventy
Five Percent) brick, tiles, cement, concrete, stone or similar materials.
II. DEVELOPMENT STANDARDS:
1. Provisions for the Master Thoroughfare Plan.
2. Provisions for the Master Homeowners Association and Deed Restrictions.
3. Provisions for Master Plan for parks, trails and open space plan.
4. Provisions for perimeter screening along the major thoroughfare of FM3412,
FM1278, Park Boulevard and proposed north south P4D adjacent to the lake.
WYLIE CITY COUNCIL
INDIVIDUAL CONSIDERATION
Item No. 6
August 11, 1998
issue
Consider and Act Upon All Matters Incident and Related to the Issuance and Sale of
$1,060,000 Tax Notes, Series 1998, Including the Adoption of an Ordinance Authorizing the
Issuance of Such Notes.
Background
The City Council has received detailed information regarding specific capital projects,
including Fire Station 1 and 2, the 911 Emergency System, Police Reporting System and the
Police/Fire Computer Aided Dispatch System. The City of Wylie intends to issue a seven (7)
year tax note to finance certain capital projects and computer systems expenditures. The
amount of the tax exempt obligations will be $1,060,000.
The use of tax notes were proposed because they provide the most economical method of
financing of the capital projects and computer systems. The use of the tax notes will provide
the best alternatives in considering changes in Ad Valorem taxes. The description of the uses
for the debt included in the resolution has been structured to allow flexibility in use of the
proceeds. For instance, if the City receives a grant for the Police CAD System, the monies
could be used for the Fire Reporting system, computer/software systems and equipment for
other departments. All of the projects, systems and equipment are items the City will be
purchasing early in the time span of the tax notes financing.
Financial Considerations
The above tax notes are being funded through the use of 911 Fees, rental income from the
City's ambulance service provider and the budget reduction of the $90,000 annual ambulance
subsidy to a zero subsidy in the new five year contract.
The bids for the Tax Notes will be publicly opened and read at the offices of the Financial
Advisor (First Southwest), at 11:00 AM,CDT, Tuesday, August 11, 1998. The financial
advisors will bring the results of the bids to the Council for their approval. If the sale of the
tax notes are approved, the proceeds from the sale of the tax notes will be available to the
City on September 16, 1998.
Item for Individual Consideration
Tar Note Ordinance
Page 1
Financial Considerations -continued
A reimbursement resolution for the tax notes was passed by the Council on June 23, 1998.
Expenditures made after June 23, 1998 and prior to the receipt of the funds on September
16, 1998 will be eligible to be reimbursed from the proceeds of the tax notes.
Other Considerations
The City Council can take action to award the Tax Notes ( or reject all bids) at this meeting.
If the tax notes are awarded, the Council will need to adopt an ordinance authorizing the Tax
Notes and approving the Official Statement (the "Ordinance"). A Good Faith Deposit of
$21,200 will be required from the successful bidder.
Board/Commission Recommendation
N/A
Staff Recommendation
The Staff recommends that the tax notes be awarded per the recommendation of the First
Southwest Company and that the necessary tax note ordinance be adopted.
Attachments
Draft of the Tax Note Ordinance
ap
Prepared by Re ed inanc Ci y Manager Approval
Item for Individual Consideration
Tar Note Ordinance
Page 2
ORDINANCE NO.
AN ORDINANCE authorizing the issuance of "CITY OF WYLIE, TEXAS, TAX
NOTES, SERIES 1998"; specifying the terms and features of said notes;
levying a continuing direct annual ad valorem tax for the payment of said
notes; and resolving other matters incident and related to the issuance,
sale, payment and delivery of said notes, including the approval and
execution of a Paying Agent/Registrar Agreement and the approval and
distribution of an Official Statement pertaining thereto; and providing an
effective date.
WHEREAS, pursuant to Chapter 137, Acts of the 73rd Legislature, Regular Session,
1993(Article 717w, Vemon's Texas Civil Statutes), hereinafter called the"Act", the City Council
is authorized and empowered to issue anticipation notes to pay contractual obligations to be
incurred(i)for the construction of any public work and(ii)for the purchase of materials, supplies,
equipment, machinery, buildings, lands and rights-of-way for the City's authorized needs and
purposes; and
WHEREAS, in accordance with the provisions of the Act, the City Council hereby finds
and determines that anticipation notes should be issued and sold at this time to finance the costs
of paying contractual obligations to be incurred for(i)the construction of public works,to wit: new
fire stations, including the acquisition of land and the purchase of equipment therefor, (ii) the
purchase of materials,supplies,equipment and machinery forvarious city departments,including
the police, courts, park, public works and community development departments, and (iii)
professional services rendered in relation to such projects and purposes and the financing
thereof; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1: Authorization-Designation-Principal Amount-Purpose. Notes of the City
•
shall be and are hereby authorized to be issued in the aggregate principal amount of
$1,060,000,to be designated and bear the title"CITY OF WYLIE,TEXAS,TAX NOTES,SERIES
1998" (hereinafter referred to as the "Notes"), for the purpose of paying contractual obligations
to be incurred for (i) the construction of public works, to wit: new fire stations, including the
acquisition of land and the purchase of equipment therefor, (ii) the purchase of materials,
supplies, equipment and machinery for various city departments, including the police, courts,
park, public works and community development departments, and (iii) professional services
rendered in relation to such projects and purposes and the financing thereof, in conformity with
the Constitution and laws of the State of Texas, including Article 717w, V.A.T.C.S.
SECTION 2: Fully Registered Obligations - Note Date - Authorized
Denominations-Stated Maturities-Interest Rates. The Notes shall be issued as fully registered
obligations only, shall be dated August 1, 1998 (the "Note Date"), shall be in denominations of
$5,000 or any integral multiple thereof, and shall become due and payable on February 15 in
each of the years and in principal amounts (the"Stated Maturities") and bear interest at the per
annum rate(s) in accordance with the following schedule:
716826
Year of Principal Interest
Stated Maturity Amount Rate(s)
1999 130,000
2000 135,000 %
2001 145,000 %
2002 150,000
2003 160,000 ok
2004 165,000 0/0
2005 175,000 %
The Notes shall bear interest on the unpaid principal amounts from the Note Date at the
rates per annum shown above in this Section (calculated on the basis of a 360-day year of
twelve 30-day months), and such interest shall be payable on February 15 and August 15 of
each year, commencing February 15, 1999.
SECTION 3: Terms of Payment-Paving Agent/Registrar. The principal of, premium, if
any, and the interest on the Notes, due and payable by reason of maturity, redemption or
otherwise, shall be payable only to the registered owners or holders of the Notes (hereinafter
called the"Holders")appearing on the registration and transfer books maintained by the Paying
Agent/Registrar and the payment thereof shall be in any coin or currency of the United States
of America, which at the time of payment is legal tender for the payment of public and private
debts, and shall be without exchange or collection charges to the Holders.
The selection and appointment of the Chase Bank of Texas,National Association,Dallas,
Texas to serve as Paying Agent/Registrar for the Notes is hereby approved and confirmed.
Books and records relating to the registration, payment,transfer and exchange of the Notes(the
"Security Register')shall at all times be kept and maintained on behalf of the City by the Paying
Agent/Registrar, as provided herein and in accordance with the terms and provisions of a
"Paying Agent/Registrar Agreement",substantially in the form attached hereto as Exhibit A,and
such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe.
The Mayor and City Secretary are authorized to execute and deliver such Agreement in
connection with the delivery of the Notes. The City covenants to maintain and provide a Paying
Agent/Registrar at all times until the Notes are paid and discharged, and any successor Paying
Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and
authorized to serve in such capacity and perform the duties and services of Paying
Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Notes,the City agrees
to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first
716826 -2-
•
class postage prepaid, which notice shall also give the address of the new Paying
Agent/Registrar.
Principal of and premium, if any, on the Notes shall be payable at the Stated Maturity,
only upon presentation and surrender of the Notes to the Paying Agent/Registrar at its
designated offices in Dallas,Texas(the"Designated Payment/Transfer Office"). Interest on the
Notes shall be paid to the Holders whose name appears in the Security Register at the close of
business on the Record Date (the 15th day of the month next preceding the interest payment
date) and shall be paid by the Paying Agent/Registrar(i) by check sent United States Mail, first
class postage prepaid, to the address of the Holder recorded in the Security Register or(ii) by
such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and
expense of, the Holder. If the date for the payment of the principal of or interest on the Notes
shall be a Saturday,Sunday,a legal holiday,or a day when banking institutions in the City where
the Paying Agent/Registrar is located are authorized by law or executive order to close,then the
date for such payment shall be the next succeeding day which is not such a Saturday, Sunday,
legal holiday, or day when banking institutions are authorized to close; and payment on such
date shall have the same force and effect as if made on the original date payment was due.
In the event of a nonpayment of interest on a scheduled payment date, and for thirty(30)
days thereafter, a new record date for such interest payment(a "Special Record Date") will be
established by the Paying Agent/ Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date)
shall be sent at least five (5) business days prior to the Special Record Date by United States
Mail, first class postage prepaid, to the address of each Holder appearing on the Security
Register at the close of business on the last business day next preceding the date of mailing of
such notice.
SECTION 4: Non-Redeemable. The Notes shall not be subject to redemption prior to
maturity.
SECTION 5: Registration - Transfer - Exchange of Notes-Predecessor Notes. The
Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and
address of each and every owner of the Notes issued under and pursuant to the provisions of
this Ordinance, or if appropriate, the nominee thereof. Any Note may be transferred or
exchanged for Notes of other authorized denominations by the Holder, in person or by his duly
authorized agent, upon surrender of such Note to the Paying Agent/Registrar for cancellation,
accompanied by a written instrument of transfer or request for exchange duly executed by the
Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar.
Upon surrender of any Note for transfer at the Designated Payment/Transfer Office of
the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name
of the designated transferee or transferees,one or more new Notes of authorized denominations
and having the same Stated Maturity and of a like aggregate principal amount as the Note or
Notes surrendered for transfer.
716826 -3-
At the option of the Holder, Notes may be exchanged for other Notes of authorized
denominations and having the same Stated Maturity, bearing the same rate of interest and of
like aggregate principal amount as the Notes surrendered for exchange, upon surrender of the
Notes to be exchanged at the Designated Payment/Transfer Office of the Paying
Agent/Registrar. Whenever any Notes are surrendered for exchange, the Paying
Agent/Registrar shall register and deliver new Notes to the Holder requesting the exchange.
All Notes issued in any transfer or exchange of Notes shall be delivered to the Holders
at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United
States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery
thereof, the same shall be the valid obligations of the City, evidencing the same obligation to
pay, and entitled to the same benefits under this Ordinance, as the Notes surrendered in such
transfer or exchange.
All transfers or exchanges of Notes pursuant to this Section shall be made without
expense or service charge to the Holder, except as otherwise herein provided, and except that
the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or •
exchange of any tax or other governmental charges required to be paid with respect to such
transfer or exchange.
Notes canceled by reason of an exchange or transfer pursuant to the provisions hereof
are hereby defined to be"Predecessor Notes,"evidencing all or a portion, as the case may be,
of the same obligation to pay evidenced by the new Note or Notes registered and delivered in
the exchange or transfer therefor. Additionally, the term"Predecessor Notes"shall include any
mutilated, lost, destroyed, or stolen Note for which a replacement Note has been issued,
registered,and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such
new replacement Note shall be deemed to evidence the same obligation as the mutilated, lost,
destroyed, or stolen Note.
Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to
an assignee of a Holder any Note called for redemption, in whole or in part,within 45 days of the
date fixed for the redemption of such Note; provided, however, such limitation on transferability
shall not be applicable to an exchange by the Holder of the unredeemed balance of a Note
called for redemption in part.
SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the
provisions contained in Sections 3 and 5 hereof relating to the payment,and transfer/exchange
of the Notes, the City hereby approves and authorizes the use of"Book-Entry Only" securities
clearance, settlement and transfer system provided by The Depository Trust Company (DTC),
a limited purpose trust company organized under the laws of the State of New York, in
accordance with the requirements and procedures identified in the Letter of Representation, by
and between the City,the Paying Agent/Registrar and DTC(the"Depository Agreement")relating
to the Notes.
Pursuant to the Depository Agreement and the rules of DTC,the Notes shall be deposited
with DTC who shall hold said Notes for its participants(the"DTC Participants"). While the Notes
716826 -4-
are held by DTC under the Depository Agreement, the Holder of the Notes on the Security
Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of
DTC, notwithstanding the ownership of each actual purchaser or owner of each Note (the
"Beneficial Owners") being recorded in the records of DTC and DTC Participants.
In the event DTC determines to discontinue serving as securities depository for the Notes
or otherwise ceases to provide book-entry clearance and settlement of securities transactions
in general or the City determines that DTC is incapable of properly discharging its duties as
securities depository for the Notes,the City covenants and agrees with the Holders of the Notes
to cause Notes to be printed in definitive form and provide for the Note certificates to be issued
and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the
Notes in definitive form shall be assigned, transferred and exchanged on the Security Register
maintained by the Paying Agent/Registrar and payment of such Notes shall be made in
accordance with the provisions of Sections 3 and 5 hereof.
SECTION 7: Execution - Registration. The Notes shall be executed on behalf of the
City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City
Secretary. The signature of said officers on the Notes may be manual or facsimile. Notes
bearing the manual or facsimile signatures of individuals who are or were the proper officers of
the City on the Note Date shall be deemed to be duly executed on behalf of the City,
notwithstanding that such individuals or either of them shall cease to hold such offices at the time
of delivery of the Notes to the initial purchaser(s) and with respect to Notes delivered in
subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures
Act of 1981, as amended.
No Note shall be entitled to any right or benefit under this Ordinance, or be valid or
obligatory for any purpose, unless there appears on such Note either a certificate of registration
substantially in the form provided in Section 9C, manually executed by the Comptroller of Public
Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration
substantially in the form provided in Section 9D, manually executed by an authorized officer,
employee or representative of the Paying Agent/Registrar,and either such certificate duly signed
upon any Note shall be conclusive evidence, and the only evidence, that such Note has been
duly certified, registered, and delivered.
SECTION 8: Initial Note. The Notes herein authorized shall be initially issued either
(i) as a single fully registered note in the total principal amount of $1,060,000 with principal
installments to become due and payable as provided in Section 2 hereof and numbered T-1, or
(ii)as seven (7)fully registered Notes, being one note for each year of maturity in the applicable
principal amount and denomination and to be numbered consecutively from T-1 and upward
(hereinafter called the"Initial Note(s)") and, in either case, the Initial Note shall be registered in
the name of the initial purchaser(s) or the designee thereof. The Initial Note(s) shall be the
Notes submitted to the Office of the Attorney General of the State of Texas for approval,certified
and registered by the Office of the Comptroller of Public Accounts of the State of Texas and
delivered to the initial purchaser(s). Any time after the delivery of the Initial Note(s), the Paying
Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee
thereof, shall cancel the Initial Note(s) delivered hereunder and exchange therefor definitive
716826 -5-
Notes of authorized denominations, Stated Maturities,principal amounts and bearing applicable
interest rates for transfer and delivery to the Holders named at the addresses identified therefor;
all pursuant to and in accordance with such written instructions from the initial purchaser(s), or
the designee thereof, and such other information and documentation as the Paying
Agent/Registrar may reasonably require.
SECTION 8: Forms. A. Forms Generally. The Notes, the Registration Certificate of
the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying
Agent/Registrar, and the form of Assignment to be printed on each of the Notes, shall be
substantially in the forms set forth in this Section with such appropriate insertions, omissions,
substitutions, and other variations as are permitted or required by this Ordinance and may have
such letters, numbers, or other marks of identification (including identifying numbers and letters
of the Committee on Uniform Securities Identification Procedures of the American Bankers
Association)and such legends and endorsements(including insurance legends in the event the
Notes, or any maturities thereof, are purchased with insurance and any reproduction of an
opinion of counsel) thereon as may, consistently herewith, be established by the City or
determined by the officers executing such Notes as evidenced by their execution. Any portion
of the text of any Notes may be set forth on the reverse thereof, with an appropriate reference
thereto on the face of the Note.
The definitive Notes and the Initial Note(s) shall be printed, lithographed, or engraved,
typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined
by the officers executing such Notes as evidenced by their execution thereof.
B. Form of Note.
REGISTERED REGISTERED
NO. $
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF WYLIE, TEXAS
TAX NOTE, SERIES 1998
Note Date: Interest Rate: Stated Maturity: CUSIP NO:
August 1, 1998 13/0
Registered Owner.
Principal Amount: DOLLARS
716826 -6-
•
The City of Wylie (hereinafter referred to as the "City"), a body corporate and political
subdivision in the County of Collin, State of Texas, for value received, acknowledges itself
indebted to and hereby promises to pay to the order of the Registered Owner named above, or
the registered assigns thereof, on the Stated Maturity date specified above,without right of prior
redemption, the Principal Amount stated above and to pay interest on the unpaid principal
amount hereof from the Note Date at the per annum rate of interest specified above computed
on the basis of a 360-day year of twelve 30-day months; such interest being payable on
February 15 and August 15 in each year, commencing February 15, 1999. Principal of this Note
is payable at its Stated Maturity to the registered owner hereof,upon presentation and surrender,
at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the
registration certificate appearing hereon, or its successor. Interest is payable to the registered
owner of this Note(or one or more Predecessor Notes, as defined in the Ordinance hereinafter
referenced) whose name appears on the "Security Register" maintained by the Paying
Agent/Registrar at the close of business on the"Record Date", which is the last business day
of the month next preceding each interest payment date,and interest shall be paid by the Paying
Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of
the registered owner recorded in the Security Register or by such other method, All payments
of principal of, premium, if any, and interest on this Note shall be without exchange or collection
charges to the owner hereof and in any coin or currency of the United States of America which
at the time of payment is legal tender for the payment of public and private debts.
This Note is one of the series specified in its title issued in the aggregate principal amount
of $1,060,000 (herein referred to as the "Notes") for the purpose of paying contractual
obligations to be incurred for (i) the construction of public works, to wit: new fire stations,
including the acquisition of land and the purchase of equipment therefor, (ii) the purchase of
materials, supplies, equipment and machinery for various city departments, including the police,
courts, park, public works and community development departments, and (iii) professional
services rendered in relation to such projects and purposes and the financing thereof, under and
in strict conformity with the Constitution and laws of the State of Texas and pursuant to an
Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance").
The Notes are payable from the proceeds of an ad valorem tax levied, within the
limitations prescribed by law, upon all taxable property in the City. Reference is hereby made
to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the
Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Note by
the acceptance hereof hereby assents,for definitions of terms; the description of and the nature
and extent of the tax levied for the payment of the Notes; the terms and conditions relating to
the transfer or exchange of this Note;the conditions upon which the Ordinance may be amended
or supplemented with or without the consent of the Holders; the rights, duties, and obligations
of the City and the Paying Agent/Registrar; the terms and provisions upon which this Note may
be discharged at or prior to its maturity, and deemed to be no longer Outstanding thereunder;
and for other terms and provisions contained therein. Capitalized terms used herein have the
meanings assigned in the Ordinance.
This Note, subject to certain limitations contained in the Ordinance, may be transferred
on the Security Register only upon its presentation and surrender at the Designated
716826 -7-
Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the
Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized
agent. When a transfer on the Security Register occurs, one or more new fully registered Notes
of the same Stated Maturity,of authorized denominations, bearing the same rate of interest,and
of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the
designated transferee or transferees.
The City and the Paying Agent/Registrar, and any agent of either, shall treat the
registered owner whose name appears on the Security Register(i) on the Record Date as the
owner entitled to payment of interest hereon, (ii) on the date of surrender of this Note as the
owner entitled to payment of principal hereof at its Stated Maturity and (iii)on any other date as
the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any
agent of either, shall be affected by notice to the contrary. In the event of nonpayment of
interest on a scheduled payment date and for thirty(30) days thereafter, a new record date for
such interest payment (a "Special Record Date") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the
City. Notice of the Special Record Date and of the scheduled payment date of the past due
interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5)
business days prior to the Special Record Date by United States Mail, first class postage
prepaid, to the address of each Holder appearing on the Security Register at the close of
business on the last business day next preceding the date of mailing of such notice.
It is hereby certified, recited, represented and declared that the City is a body corporate
and political subdivision duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas;that the issuance of the Notes is duly authorized by
law; that all acts, conditions and things required to exist and be done precedent to and in the
issuance of the Notes to render the same lawful and valid obligations of the City have been
properly done, have happened and have been performed in regular and due time, form and
manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that
• the Notes do not exceed any Constitutional or statutory limitation; and that due provision has
been made for the payment of the principal of and interest on the Notes by the levy of a tax as
aforestated. In case any provision in this Note shall be invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the remaining provisions shall not in any way be affected
or impaired thereby. The terms and provisions of this Note and the Ordinance shall be construed
in accordance with and shall be governed by the laws of the State of Texas.
716826 -8-
IN WITNESS WHEREOF, the City Council of the City has caused this Note to be duly
executed under the official seal of the City as of the Note Date.
CITY OF WYLIE, TEXAS
COUNTERSIGNED: Mayor
City Secretary
(SEAL)
C. *Form of Registration Certificate of Comptroller
of Public Accounts to appear on Initial Note only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
( REGISTER NO.
THE STATE OF TEXAS
I HEREBY CERTIFY that this Note has been examined, certified as to validity and
approved by the Attorney General of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS my signature and seal of office this
Comptroller of Public Accounts
of the State of Texas
(SEAL)
716826 -9-
D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Notes only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Note has been duly issued and registered under the provisions of the
within-mentioned Ordinance; the note or notes of the above entitled and designated series
originally delivered having been approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts, as shown by the records of the Paying
Agent/Registrar.
The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the
"Designated Payment/Transfer Office" for this Note.
Registration Date: CHASE BANK OF TEXAS, NATIONAL ASSOCIATION,
Dallas, Texas,
as Paying Agent/Registrar
By
Authorized Signature
*NOTE TO PRINTER: Do Not Print on Definitive Notes
E. Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto
(Print or typewrite name, address, and zip code of transferee:)
(Social Security or
other identifying number: ) the within Note and all rights thereunder, and
hereby irrevocably constitutes and appoints
attorney to transfer the within Note on the books kept for registration thereof,with full power of
substitution in the premises.
DATED:
NOTICE: The signature on this Signature guaranteed:
assignment must correspond with the name of the
registered owner as it appears on the face of the
within Note in every particular.
F. The Initial Note(s) shall be in the form set forth in paragraph B of this Section, except
that the form of a single fully registered Initial Note shall be modified as follows:
(i) immediately under the name of the headings "Interest Rate " and "Stated
Maturity " shall both be omitted;
716826 -10-
(ii) paragraph one shall read as follows:
Registered Owner:
Principal Amount: Dollars
The City of Wylie (hereinafter referred to as the"City"), a body corporate and municipal
corporation in the County of Collin, State of Texas, for value received, acknowledges itself
indebted to and hereby promises to pay to the order of the Registered Owner named above, or
the registered assigns thereof,the Principal Amount hereinabove stated on February 15 in each
of the years and in principal installments in accordance with the following schedule:
PRINCIPAL INTEREST
YEAR INSTALLMENTS RATE
(Information to be inserted from
schedule in Section 2 hereof).
(or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the
unpaid principal amounts hereof from the Note Date at the per annum rate(s)of interest specified
above computed on the basis of a 360-day year of twelve 30-day months; such interest being
payable on February 15 and August 15 of each year,commencing February 15, 1999. Principal
installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the
registered owner hereof by Chase Bank of Texas, National Association, Dallas, Texas (the
"Paying Agent/Registrar"), upon presentation and surrender, at its designated offices in Dallas,
Texas (the"Designated Payment/Transfer Office"). Interest is payable to the registered owner
of this Certificate whose name appears on the "Security Register" maintained by the Paying
Agent/Registrar at the close of business on the"Record Date",which is the last business day of
the month next preceding each interest payment date hereof and interest shall be paid by the
Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the
address of the registered owner recorded in the Security Register or by such other method,
acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the
registered owner. All payments of principal of, premium, if any, and interest on this Note shall
be without exchange or collection charges to the owner hereof and in any coin or currency of the
United States of America which at the time of payment is legal tender for the payment of public
and private debts.
SECTION 10: Levy of Taxes. To provide for the payment of the "Debt Service
Requirements" of the Notes, being (i) the interest on the Notes and (ii) a sinking fund for their
redemption at maturity or a sinking fund of 2%(whichever amount is the greater),there is hereby
levied, and there shall be annually assessed and collected in due time, form, and manner, a tax
on all taxable property in the City, within the limitations prescribed by law, and such tax hereby
levied on each one hundred dollars'valuation of taxable property in the City for the Debt Service
Requirements of the Notes 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 Notes while Outstanding;full
allowance being made for delinquencies and costs of collection; separate books and records
716826 -1 1-
relating to the receipt and disbursement of taxes levied, assessed and collected for and on
account of the Notes shall be kept and maintained by the City at all times while the Notes are
Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the
Notes shall be deposited to the credit of a"Special 1998 Note Account"(the"Interest and Sinking
Fund") maintained on the records of the City and deposited in a special fund maintained at an
official depository of the City's funds; and such tax hereby levied, and to be assessed and
collected annually, is hereby pledged to the payment of the Notes.
Proper officers of the City are hereby authorized and directed to cause to be transferred
to the Paying Agent/Registrar for the Notes, 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 Notes as the same accrues or matures; such transfers of funds to be made in
such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on
or before each principal and interest payment date for the Notes.
SECTION 11: Mutilated-Destroyed-Lost and Stolen Notes. In case any Note shall be
mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a
replacement Note of like form and tenor, and in the same denomination and bearing a number
not contemporaneously outstanding, in exchange and substitution for such mutilated Note, or
in lieu of and in substitution for such destroyed, lost or stolen Note, only upon the approval of
the City and after(i)the filing by the Holder thereof with the Paying Agent/Registrar of evidence
satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Note, and of
the authenticity of the ownership thereof and (ii)the furnishing to the Paying Agent/Registrar of
indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar
harmless. All expenses and charges associated with such indemnity and with the preparation,
execution and delivery of a replacement Note shall be borne by the Holder of the Note mutilated,
or destroyed, lost or stolen.
Every replacement Note issued pursuant to this Section shall be a valid and binding
obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all
other Outstanding Notes; notwithstanding the enforceability of payment by anyone of the
destroyed, lost, or stolen Notes.
The provisions of this Section are exclusive and shall preclude (to the extent lawful) all
other rights and remedies with respect to the replacement and payment of mutilated, destroyed,
lost or stolen Notes.
SECTION 12: Satisfaction of Obligation of City. If the City shall pay or cause to be paid,
or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on
the Notes, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes
levied under this Ordinance and all covenants, agreements, and other obligations of the City to
the Holders shall thereupon cease, terminate, and be discharged and satisfied.
Notes or any principal amount(s) thereof shall be deemed to have been paid within the
meaning and with the effect expressed above in this Section when (i) money sufficient to pay in
full such Notes or the principal amount(s) thereof at maturity or the redemption date therefor,
716826 -12-
together with all interest due thereon,shall have been irrevocably deposited with and held in trust
by the Paying Agent/Registrar,or an authorized escrow agent,or(ii)Government Securities shall
have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized
escrow agent,which Government Securities have been certified by an independent accounting
firm to mature as to principal and interest in such amounts and at such times as will insure the
availability, without reinvestment, of sufficient money, together with any moneys deposited
therewith, if any, to pay when due the principal of and interest on such Notes, or the principal
amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has
been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying
Agent/ Registrar have been made) the redemption date thereof. The City covenants that no
deposit of moneys or Government Securities will be made under this Section and no use made
of any such deposit which would cause the Notes to be treated as "arbitrage bonds"within the
meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations
adopted pursuant thereto.
Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow
agent, and all income from Government Securities held in trust by the Paying Agent/Registrar,
or an authorized escrow agent, pursuant to this Section which is not required for the payment
of the Notes, or any principal amount(s) thereof, or interest thereon with respect to which such
moneys have been so deposited shall be remitted to the City or deposited as directed by the
City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the
principal of and interest on the Notes and remaining unclaimed for a period of four(4)years after
the Stated Maturity, or applicable redemption date, of the Notes such moneys were deposited
and are held in trust to pay shall upon the request of the City be remitted to the City against a
written receipt therefor. Notwithstanding the above and foregoing,any remittance of funds from
the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws
of the State of Texas.
The term "Government Securities", as used herein, means direct obligations of, or
obligations the principal of and interest on which are unconditionally guaranteed by, the United
States of America, which are non-callable prior to the respective Stated Maturities of the Notes
and may be United States Treasury Obligations such as the State and Local Government Series
and may be in book-entry form.
SECTION 13: Ordinance a Contract - Amendments - Outstandina Notes. This
Ordinance shall constitute a contract with the Holders from time to time, be binding on the City,
and shall not be amended or repealed by the City so long as any Note remains Outstanding
except as permitted in this Section. The City may, without the consent of or notice to any
Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental
to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal
defect or omission herein. In addition, the City may, with the consent of Holders holding a
majority in aggregate principal amount of the Notes then Outstanding affected thereby, amend,
add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of
all Holders of Outstanding Notes, no such amendment, addition, or rescission shall (1) extend
the time or times of payment of the principal of, premium, if any, and interest on the Notes,
reduce the principal amount thereof, or the rate of interest thereon, or the redemption price, or
716826 -13-
in any other way modify the terms of payment of the principal of, premium, if any, or interest on
the Notes, (2)give any preference to any Note over any other Note, or(3) reduce the aggregate
principal amount of Notes required to be held by Holders for consent to any such amendment,
addition, or rescission.
The term "Outstanding"when used in this Ordinance with respect to Notes means, as of
the date of determination, all Notes theretofore issued and delivered under this Ordinance,
except:
(1) those Notes cancelled by the Paying Agent/Registrar or delivered to
the Paying Agent/Registrar for cancellation;
(2) those Notes deemed to be duly paid by the City in accordance with
the provisions of Section 12 hereof; and
(3) those mutilated, destroyed, lost, or stolen Notes which have been
replaced with Notes registered and delivered in lieu thereof as provided in
Section 11 hereof.
SECTION 14: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used
in this Section 14, the following terms have the following meanings:
"Closing Date"means the date on which the Notes are first authenticated
and delivered to the initial purchasers against payment therefor.
"Code" means the Internal Revenue Code of 1986, as amended by all
legislation, if any, effective on or before the Closing Date.
"Computation Date"has the meaning set forth in Section 1.148-1(b)of the
Regulations.
"Gross Proceeds"means any proceeds as defined in Section 1.148-1(b)
of the Regulations, and any replacement proceeds as defined in Section
1.148-1(c) of the Regulations, of the Notes.
"Investment" has the meaning set forth in Section 1.148-1(b) of the
Regulations.
"Nonpurpose Investment"means any investment property, as defined in
section 148(b) of the Code, in which Gross Proceeds of the Notes are invested
and which is not acquired to carry out the governmental purposes of the Notes.
"Rebate Amount"has the meaning set forth in Section 1.148-1(b) of the
Regulations.
716826 -14-
"Regulations" means any proposed, temporary, or final Income Tax
Regulations issued pursuant to Sections 103 and 141 through 150 of the Code,
and 103 of the Internal Revenue Code of 1954,which are applicable to the Notes.
Any reference to any specific Regulation shall also mean, as appropriate, any
proposed, temporary or final Income Tax Regulation designed to supplement,
amend or replace the specific Regulation referenced.
"Yield"of(1) any Investment has the meaning set forth in Section 1.148-5
of the Regulations and (2) the Notes has the meaning set forth in Section 1.148-
4 of the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use
of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition,
construction or improvement of which is to be financed directly or indirectly with Gross Proceeds)
in a manner which if made or omitted, respectively, would cause the interest on any Note to
become includable in the gross income, as defined in section 61 of the Code, of the owner
thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless
and until the City receives a written opinion of counsel nationally recognized in the field of
municipal bond law to the effect that failure to comply with such covenant will not adversely
affect the exemption from federal income tax of the interest on any Note, the City shall comply
with each of the specific covenants in this Section.
(c) No Private Use or Private Payments. Except as permitted by section 141 of the
Code and the Regulations and rulings thereunder, the City shall at all times prior to the last
Stated Maturity of Notes:
(1) exclusively own, operate and possess all property the acquisition,
construction or improvement of which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Notes, and not use or permit the use of such
Gross Proceeds(including all contractual arrangements with terms different than
those applicable to the general public) or any property acquired, constructed or
improved with such Gross Proceeds in any activity carried on by any person or
entity(including the United States or any agency,department and instrumentality
thereof) other than a state or local government, unless such use is solely as a
member of the general public; and
(2) not directly or indirectly impose or accept any charge or other
payment by any person or entity who is treated as using Gross Proceeds of the
Notes or any property the acquisition, construction or improvement of which is to
be financed or refinanced directly or indirectly with such Gross Proceeds, other
than taxes of general application within the City or interest earned on investments
acquired with such Gross Proceeds pending application for their intended
purposes.
(d) No Private Loan. Except to the extent permitted by section 141 of the Code and
the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Notes to
716826 -15-
make or finance loans to any person or entity other than a state or local government. For
purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a
person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is
sold or leased to such person or entity in a transaction which creates a debt for federal income
tax purposes; (2)capacity in or service from such property is committed to such person or entity
under a take-or-pay,output or similar contract or arrangement;or(3)indirect benefits,or burdens
and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or
improved with such Gross Proceeds are otherwise transferred in a transaction which is the
economic equivalent of a loan.
(e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the
Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final
Stated Maturity of the Notes directly or indirectly invest Gross Proceeds in any Investment (or
use Gross Proceeds to replace money so invested), if as a result of such investment the Yield
from the Closing Date of all Investments acquired with Gross Proceeds(or with money replaced
thereby), whether then held or previously disposed of, exceeds the Yield of the Notes.
(f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of
the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any
action which would cause the Notes to be federally guaranteed within the meaning of section
149(b) of the Code and the Regulations and rulings thereunder.
(g) Information Report. The City shall timely file the information required by section
149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and
in such place as the Secretary may prescribe.
(h) No Rebate Required. The City warrants and represents that it satisfies the
requirements of paragraph (2) and (3) of section 148(f) of the code with respect to the Notes
without making the payments for the United States described in such section. Specifically, the
City warrants and represents that:
(1) the City is a governmental unit with general taxing powers;
(2) at least 95% of the Gross Proceeds of the Notes will be used for
the local governmental activities of the City;
(3) the aggregate face amount of all tax-exempt obligations issued or
expected to be issued by the City (and all subordinate entities thereof) in the
calendar year in which the Notes are issued is not reasonably expected to exceed
$5,000,000.
(I) Qualified Tax Exempt Obligations. In accordance with the provisions of
paragraph(3)of subsection(b)of Section 265 of the Code,the City hereby designates the Notes
to be "qualified tax exempt obligations" in that the Notes are not "private activity bonds" as
defined in the Code and the reasonably anticipated amount of"qualified tax exempt obligations"
716826 -16-
to be issued by the City(including all subordinate entities of the City)for the calendar year 1998
will not exceed $10,000,000.
(j) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City
Manager and Director of Finance, individually or jointly, to make elections permitted or required
pursuant to the provisions of the Code or the Regulations, as they deem necessary or
appropriate in connection with the Notes, in the Certificate as to Tax Exemption or similar or
other appropriate certificate, form or document.
SECTION 15: Sale of the Notes. Pursuant to a public sale for the Notes, the bid
submitted by
(herein referred to as the "Purchasers") is declared to be the best bid received producing the
lowest true interest cost rate to the City, and the sale of the Notes to said Purchasers at the price
of par and accrued interest to the date of delivery, plus a premium of $ , is hereby
approved and confirmed. Delivery of the Notes to the Purchasers shall occur as soon as
possible upon payment being made therefor in accordance with the terms of sale.
SECTION 16: Official Statement. The Official Statement prepared in the initial offering
and sale of the Notes by the City, together with all addendas, supplements and amendments
thereto issued on behalf of the City, is hereby approved as to form and content, and the City
Council hereby finds that the information and data contained in said Official Statement pertaining
to the City and its financial affairs is true and correct in all material respects and no material facts
have been omitted therefrom which are necessary to make the statements therein, in light of the
circumstances under which they were made, not misleading.The use of such Official Statement
in the reoffering of the Notes by the Purchasers is hereby approved and authorized.
SECTION 17: Control and Custody of Notes. The Mayor of the City shall be and is
hereby authorized to take and have charge of all necessary orders and records pending
investigation by the Attorney General of the State of Texas, including the printing and supply of
definitive Notes, and shall take and have charge and control of the Initial Note pending the
' approval thereof by the Attorney General, the registration thereof by the Comptroller of Public
Accounts and the delivery thereof to the initial purchasers.
Furthermore, the Mayor, City Manager, Director of Finance and City Secretary, any one
or more of said officials, are hereby authorized and directed to furnish and execute such
documents and certifications relating to the City and the issuance of the Notes, including
certifications as to facts,estimates,circumstances and reasonable expectations pertaining to the
use, expenditure, and investment of the proceeds of the Notes, as may be necessary for the
approval of the Attorney General,the registration by the Comptroller of Public Accounts and the
delivery of the Notes to the purchasers, and, together with the City's financial advisor, bond
counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of
the Initial Note to the purchasers and the initial exchange thereof for definitive Notes.
SECTION 18: Proceeds of Sale. The proceeds of sale of the Notes, excluding the
accrued interest received from the purchasers, shall be deposited in a construction fund
maintained at the City's depository bank. Pending expenditure for authorized projects and
716826 -17-
purposes, such proceeds of sale may be invested in authorized investments and any investment
earnings realized shall be expended for such authorized projects and purposes or deposited in
the Interest and Sinking Fund as shall be determined by the City Council. Accrued interest and
premium, if any, received from the sale of the Notes and any excess note proceeds, including
investment earnings, remaining after completion of all authorized projects or purposes shall be
deposited to the credit of the Interest and Sinking Fund.
SECTION 19: Notices to Holders-Waiver. Wherever this Ordinance provides for notice
to Holders of any event,such notice shall be sufficiently given(unless otherwise herein expressly
provided) if in writing and sent by United States Mail, first class postage prepaid, to the address
of each Holder appearing in the Security Register at the close of business on the business day
next preceding the mailing of such notice.
In any case where notice to Holders is given by mail, neither the failure to mail such
notice to any particular Holders, nor any defect in any notice so mailed, shall affect the
sufficiency of such notice with respect to all other Notes. Where this Ordinance provides for
notice in any manner, such notice may be waived in writing by the Holder entitled to receive •
such notice, either before or after the event with respect to which such notice is given, and such
waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with
the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of
any action taken in reliance upon such waiver.
SECTION 20: Cancellation. All Notes surrendered for payment, redemption, transfer,
exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly
canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar
and,if not already canceled,shall be promptly canceled by the Paying Agent/Registrar. The City
may at any time deliver to the Paying Agent/Registrar for cancellation any Notes previously
certified or registered and delivered which the City may have acquired in any manner
whatsoever, and all Notes so delivered shall be promptly canceled by the Paying
Agent/Registrar. All canceled Notes held by the Paying Agent/Registrar shall be returned to the
City.
SECTION 21: Legal Opinion. The obligation of the Purchasers to accept delivery of the
Notes is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Attorneys,
Dallas, Texas, approving such Notes as to their validity, said opinion to be dated and delivered
as of the date of delivery and payment for such Notes. A true and correct reproduction of said
opinion is hereby authorized to be printed on definitive printed obligations.
SECTION 22: CUSIP Numbers. CUSIP numbers may be printed or typed on the
definitive Notes. It is expressly provided, however, that the presence or absence of CUSIP
numbers on the definitive Notes shall be of no significance or effect as regards the legality
thereof and neither the City nor attorneys approving the Notes as to legality are to be held
responsible for CUSIP numbers incorrectly printed or typed on the definitive Notes.
SECTION 23: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied,
is intended or shall be construed to confer upon any person other than the City, the Paying
716826 -18-
Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by
reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being
intended to be and being for the sole and exclusive benefit of the City, the Paying
Agent/Registrar and the Holders.
SECTION 24: Inconsistent Provisions. All ordinances, orders or resolutions, or parts
thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby
repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters contained herein.
SECTION 25: Governing Law. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
SECTION 26: Effect of Headings. The Section headings herein are for convenience only
and shall not affect the construction hereof.
SECTION 27: Construction of Terms. If appropriate in the context of this Ordinance,
words of the singular number shall be considered to include the plural, words of the plural
number shall be considered to include the singular, and words of the masculine, feminine or
neuter gender shall be considered to include the other genders.
SECTION 28: Severability. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless be valid, and the City Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 29: Continuing Disclosure Undertaking. (a) Definitions. As used in this
Section, the following terms have the meanings ascribed to such terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR' means each person whom the SEC or its staff has determined to be
a nationally recognized municipal securities information repository within the meaning of the Rule
from time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC' means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state
information depository within the meaning of the Rule from time to time.
(b) Annual Reports. The City shall provide annually to each NRMSIR and any SID,
within six months after the end of each fiscal year (beginning with the fiscal year ending
September 30, 1998) financial information and operating data with respect to the City of the
716826 -19-
general type included in the final Official Statement approved by Section 16 of this Ordinance,
being the information described in Exhibit B hereto. Financial statements to be provided shall
be (1) prepared in accordance with the accounting principles described in Exhibit B hereto and
(2)audited, if the City commissions an audit of such statements and the audit is completed within
the period during which they must be provided. If audited financial statements are not available
at the time the financial information and operating data must be provided, then the City shall
provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any
SID with the financial information and operating data and will file the annual audit report, when
and if the same becomes available.
If the City changes its fiscal year, it will notify each NRMSIR and any SID of the
change (and of the date of the new fiscal year end) prior to the next date by which the City
otherwise would be required to provide financial information and operating data pursuant to this
Section.
The financial information and operating data to be provided pursuant to this
Section may be set forth in full in one or more documents or may be included by specific
reference to any document (including an official statement or other offering document, if it is
available from the MSRB)that theretofore has been provided to each NRMSIR and any SID or
filed with the SEC.
(c) Material Event Notices. The City shall notify any SID and either each NRMSIR
or the MSRB, in a timely manner, of any of the following events with respect to the Notes, if such
event is material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial
difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the
Notes;
7. Modifications to rights of holders of the Notes;
8. Note calls;
9. Defeasances;
10. Release,substitution,or sale of property securing repayment of the Notes;
and
11. Rating changes.
The City shall notify any SID and either each NRMSIR or the MSRB, in a timely
manner,of any failure by the City to provide financial information or operating data in accordance
with subsection (b) of this Section by the time required by such Section.
(d) Limitations,Disclaimers,and Amendments. The City shall be obligated to observe
and perform the covenants specified in this Section while, but only while, the City remains an
716826 -20-
"obligated person"with respect to the Notes within the meaning of the Rule, except that the City
in any event will give the notice required by subsection (c)hereof of any defeasance that cause
the City to be no longer such an "obligated person."
The provisions of this Section are for the sole benefit of the Holders and beneficial
owners of the Notes, and nothing in this Section, express or implied, shall give any benefit or any
legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes
to provide only the financial information, operating data,financial statements, and notices which
it has expressly agreed to provide pursuant to this Section and does not hereby undertake to
provide any other information that may be relevant or material to a complete presentation of the
City's financial results, condition, or prospects or hereby undertake to update any information
provided in accordance with this Section or otherwise,except as expressly provided herein. The
City does not make any representation or warranty concerning such information or its usefulness
to a decision to invest in or sell Notes at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY NOTE OR ANY OTHER PERSON, IN CONTRACT OR
TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE
CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON,
IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE
LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the City in observing or performing its obligations under this Section
shall constitute a breach of or default under this Ordinance for purposes of any other provision
of this Ordinance.
Nothing in this Section is intended or shall act to disclaim,waive,or otherwise limit
the duties of the City under federal and state securities laws.
The provisions of this Section may be amended by the City from time to time to
adapt to changed circumstances resulting from a change in legal requirements, a change in law,
or a change in the identity, nature, status, or type of operations of the City, but only if (1) the
provisions of this Section,as so amended,would have permitted underwriters to purchase or sell
Notes in the primary offering of the Notes in compliance with the Rule, taking into account any
amendments or interpretations of the Rule to the date of such amendment, as well as such
changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal
amount(or any greater amount required by any other provision of this Ordinance that authorizes
such an amendment)of the Outstanding Notes consent to such amendment or(b)a Person that
is unaffiliated with the City (such as nationally recognized bond counsel) determines that such
amendment will not materially impair the interests of the Holders and beneficial owners of the
Notes. The provisions of this Section may also be amended from time to time or repealed by the
City if the SEC amends or repeals the applicable provisions of the Rule or a court of final
jurisdiction determines that such provisions are invalid, but only if and to the extent that
reservation of the City's right to do so would not prevent underwriters of the initial public offering
of the Notes from lawfully purchasing or selling Notes in such offering. If the City so amends the
716826 -21-
provisions of this Section, it shall include with any amended financial information or operating
data next provided in accordance with subsection (b) an explanation, in narrative form, of the
reasons for the amendment and of the impact of any change in the type of financial information
or operating data so provided.
SECTION 30: Public Meeting. It is officially found, determined, and declared that the
meeting at which this Ordinance is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551.
SECTION 31: Effective Date. This Ordinance shall take effect and be in full force
immediately from and after its date of adoption shown below.
PASSED AND ADOPTED, this August 11, 1998.
CITY OF WYLIE, TEXAS
Mayor
ATTEST:
City Secretary
(City Seal)
716826 -22-
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of August 11, 1998 (this "Agreement"), by and
between the City of Wylie,Texas(the"Issuer"),and Chase Bank of Texas, National Association,
Dallas, Texas, a banking association duly organized and existing under the laws of the United
States of America, (the "Bank").
RECITALS
WHEREAS, the Issuer has duly authorized and provided for the issuance of its "City of
Wylie, Texas, Tax Notes, Series 1998" (the "Notes") in the aggregate principal amount of
$1,060,000, such Notes to be issued in fully registered form only as to the payment of principal
and interest thereon; and
WHEREAS,the Notes are scheduled to be delivered to the initial purchasers on or about
September 16, 1998; and
WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in
connection with the payment of the principal of, premium, if any, and interest on said Notes and
with respect to the registration, transfer and exchange thereof by the registered owners thereof;
and
WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the
Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the
Notes;
NOW, THEREFORE, it is mutually agreed as follows:
ARTICLE ONE
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as
Paying Agent with respect to the Notes, and, as Paying Agent for the Notes, the Bank shall be
responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the
Notes as the same become due and payable to the registered owners thereof; all in accordance
with this Agreement and the "Note Resolution" (hereinafter defined). The Issuer hereby
appoints the Bank as Registrar with respect to the Notes and, as Registrar for the Notes, the
Bank shall keep and maintain for and on behalf of the Issuer books and records as to the
ownership of said Notes and with respect to the transfer and exchange thereof as provided
herein and in the "Note Resolution".
The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and
Registrar for the Notes.
719146.1
Section 1.02. Compensation. As compensation for the Bank's services as Paying
Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in
Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts
set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar
for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close
of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal
Year.
In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable
expenses, disbursements and advances incurred or made by the Bank in accordance with any
of the provisions hereof (including the reasonable compensation and the expenses and
disbursements of its agents and counsel).
ARTICLE TWO
DEFINITIONS
Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires:
"Acceleration Date"on any Note means the date on and after which the principal
or any or all installments of interest, or both, are due and payable on any Note which has
become accelerated pursuant to the terms of the Note.
"Bank Office" means the principal offices of the Bank at the address appearing
on page 9 hereof. The Bank will notify the Issuer in writing of any change in location of
the Bank Office.
"Fiscal Year" means the fiscal year of the Issuer, ending September 30th.
"Holder" and "Note Holder" each means the Person in whose name a Note is
registered in the Note Register.
"Issuer Request" and "Issuer Order" means a written request or order signed in
the name of the Issuer by the Mayor,City Manager, Director of Finance or City Secretary,
any one or more of said officials, and delivered to the Bank.
"Legal Holiday" means a day on which the Bank is required or authorized to be
closed.
"Person" means any individual, corporation, partnership, joint venture,
association,joint stock company,trust,unincorporated organization or government or any
agency or political subdivision of a government.
"Predecessor Notes" of any particular Note means every previous Note
evidencing all or a portion of the same obligation as that evidenced by such particular
Note (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen
719146.1 -2-
Note for which a replacement Note has been registered and delivered in lieu thereof
pursuant to Section 4.06 hereof and the Resolution).
"Note Resolution"means the resolution,order,or ordinance of the governing body
of the Issuer pursuant to which the Notes are issued, certified by the Secretary or any
other officer of the Issuer and delivered to the Bank.
"Note Register'means a register maintained by the Bank on behalf of the Issuer
providing for the registration and transfers of Notes.
"Redemption Date"when used with respect to any Note to be redeemed means
the date fixed for such redemption pursuant to the terms of the Note Resolution.
"Responsible Officer"when used with respect to the Bank means the Chairman
or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the
Executive Committee of the Board of Directors, the President, any Vice President, the
Secretary, any Assistant Secretary,the Treasurer, any Assistant Treasurer,the Cashier,
any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of
the Bank customarily performing functions similar to those performed by any of the above
designated officers and also means, with respect to a particular corporate trust matter,
any other officer to whom such matter is referred because of his knowledge of and
familiarity with the particular subject.
"Stated Maturity"means the date specified in the Note Resolution the principal of
a Note is scheduled to be due and payable.
Section 2.02. Other Definitions. The terms"Bank,""Issuer,"and"Notes(Note)"have the
meanings assigned to them in the recital paragraphs of this Agreement.
The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties
and functions of this Agreement.
ARTICLE THREE
PAYING AGENT
Section 3.01. Duties of Paving Agent. As Paying Agent, the Bank shall, provided
adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer,
pay on behalf of the Issuer the principal of each Note at its Stated Maturity, Redemption Date,
or Acceleration Date, to the Holder upon surrender of the Note to the Bank at the Bank Office.
As Paying Agent,the Bank shall, provided adequate collected funds have been provided
to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on
each Note when due, by computing the amount of interest to be paid each Holder and making
payment thereof to the Holders of the Notes (or their Predecessor Notes) on the Record Date.
All payments of principal and/or interest on the Notes to the registered owners shall be
accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the
719146.1 -3-
EDIT A
fiduciary account provided in Section 5.05 hereof,sent by United States mail,first class, postage
prepaid, to the address appearing on the Note Register or(2)by such other method, acceptable
to the Bank, requested in writing by the Holder at the Holder's risk and expense.
Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal
of and interest on the Notes at the dates specified in the Note Resolution.
ARTICLE FOUR
REGISTRAR
Section 4.01. Note Register-Transfers and Exchanges. The Bank agrees to keep and
maintain for and on behalf of the Issuer at the Bank Office books and records(herein sometimes
referred to as the"Note Register")for recording the names and addresses of the Holders of the
Notes, the transfer, exchange and replacement of the Notes and the payment of the principal
of and interest on the Notes to the Holders and containing such other information as may be
reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and
Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in
the Note Register. All transfers,exchanges and replacement of Notes shall be noted in the Note
Register.
Every Note surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a written instrument of transfer, the signature on which has been guaranteed
by an officer of a federal or state bank or a member of the National Association of Notes
Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly
authorized in writing.
The Bank may request any supporting documentation it feels necessary to effect a
re-registration, transfer or exchange of the Notes.
To the extent possible and under reasonable circumstances, the Bank agrees that, in
relation to an exchange or transfer of Notes,the exchange or transfer by the Holders thereof will
be completed and new Notes delivered to the Holder or the assignee of the Holder in not more
than three (3) business days after the receipt of the Notes to be cancelled in an exchange or
transfer and the written instrument of transfer or request for exchange duly executed by the
Holder, or his duly authorized agent, in form and manner satisfactory to the Paying
Agent/Registrar.
Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed
Notes to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of
printed Notes will be kept in safekeeping pending their use and reasonable care will be exercised
by the Bank in maintaining such Notes in safekeeping, which shall be not less than the care
maintained by the Bank for debt securities of other governments or corporations for which it
serves as registrar, or that is maintained for its own securities.
Section 4.03. Form of Note Register. The Bank, as Registrar, will maintain the Note
Register relating to the registration, payment,transfer and exchange of the Notes in accordance
719146.1 Q
err A
i_
with the Bank's general practices and procedures in effect from time to time. The Bank shall not
be obligated to maintain such Note Register in any form other than those which the Bank has
currently available and currently utilizes at the time.
The Note Register may be maintained in written form or in any other form capable of
being converted into written form within a reasonable time.
Section 4.04. List of Note Holders. The Bank will provide the Issuer at any time
requested by the Issuer, upon payment of the required fee, a copy of the information contained
in the Note Register. The Issuer may also inspect the information contained in the Note Register
at any time the Bank is customarily open for business, provided that reasonable time is allowed
the Bank to provide an up-to-date listing or to convert the information into written form.
The Bank will not release or disclose the contents of the Note Register to any person
other than to, or at the written request of,an authorized officer or employee of the Issuer, except
upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and
prior to the release or disclosure of the contents of the Note Register, the Bank will notify the
Issuer so that the Issuer may contest the court order or such release or disclosure of the
contents of the Note Register.
Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable
intervals as it determines, cancel and destroy, pursuant to the Securities and Exchange Act of
1934, all Securities in lieu of which or in exchange for which other Securities have been issued,
or which have been paid.
Section 4.06. Mutilated, Destroyed, Lost or Stolen Securities. The Issuer hereby
instructs the Bank, subject to the provisions of Section 11 of the Note Resolution, to deliver and
issue Notes in exchange for or in lieu of mutilated, destroyed, lost, or stolen Notes as long as the
same does not result in an overissuance.
In case any Note shall be mutilated, or destroyed, lost or stolen, the Bank may execute
and deliver a replacement Note of like form and tenor, and in the same denomination and
bearing a number not contemporaneously outstanding, in exchange and substitution for such
mutilated Note, or in lieu of and in substitution for such destroyed lost or stolen Note, only upon
the approval of the Issuer and after(i)the filing by the Holder thereof with the Bank of evidence
satisfactory to the Bank of the destruction, loss or theft of such Note, and of the authenticity of
the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount
satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with
such indemnity and with the preparation, execution and delivery of a replacement Note shall be
borne by the Holder of the Note mutilated, or destroyed, lost or stolen.
Section 4.07. Transaction Information to Issuer. The Bank will,within a reasonable time
after receipt of written request from the Issuer, furnish the Issuer information as to the Notes it
has paid pursuant to Section 3.01, Notes it has delivered upon the transfer or exchange of any
Notes pursuant to Section 4.01,and Notes it has delivered in exchange for or in lieu of mutilated,
destroyed, lost, or stolen Notes pursuant to Section 4.06.
719146.1 -5-
ti XHIBIT A
ARTICLE FIVE
THE BANK
Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth
herein and agrees to use reasonable care in the performance thereof.
Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively
rely, as to the truth of the statements and correctness of the opinions expressed therein, on
certificates or opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of judgment made in good faith by a
Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the
pertinent facts.
(c) No provisions of this Agreement shall require the Bank to expend or risk its own
funds or otherwise incur any financial liability for performance of any of its duties hereunder, or
in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that
repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is
not assured to it.
(d) The Bank may rely and shall be protected in acting or refraining from acting upon
any resolution, certificate, statement, instrument, opinion, report, notice, request, direction,
consent, order, bond, note, security,or other paper or document believed by it to be genuine and
to have been signed or presented by the proper party or parties. Without limiting the generality
of the foregoing statement, the Bank need not examine the ownership of any Notes, but is
protected in acting upon receipt of Notes containing an endorsement or instruction of transfer
or power of transfer which appears on its face to be signed by the Holder or an agent of the
Holder. The Bank shall not be bound to make any investigation into the facts or matters stated
in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction,
consent, order, bond, note, security, or other paper or document supplied by Issuer.
(e) The Bank may consult with counsel,and the written advice of such counsel or any
opinion of counsel shall be full and complete authorization and protection with respect to any
action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon.
(f) The Bank may exercise any of the powers hereunder and perform any duties
hereunder either directly or by or through agents or attorneys of the Bank.
Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer
and in the Notes shall be taken as the statements of the Issuer, and the Bank assumes no
responsibility for their correctness.
The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Note, or
any other Person for any amount due on any Note from its own funds.
719146.1 -6-
A,AIBIT A
Section 5.04. May Hold Notes. The Bank, in its individual or any other capacity, may
become the owner or pledgee of Notes and may otherwise deal with the Issuer with the same
rights it would have if it were not the Paying Agent/Registrar, or any other agent.
Section 5.05. Moneys Held by Bank- Fiduciary Account/
Collateralization. A fiduciary account shall at all times be kept and maintained by the Bank for
the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for
the payment of the Notes, and money deposited to the credit of such account until paid to the
Holders of the Notes shall be continuously collateralized by securities or obligations which qualify
and are eligible under both the laws of the State of Texas and the laws of the United States of
America to secure and be pledged as collateral for fiduciary accounts to the extent such money
is not insured by the Federal Deposit Insurance Corporation. Payments made from such
fiduciary account shall be made by check drawn on such fiduciary account unless the owner of
such Notes shall, at its own expense and risk, request such other medium of payment.
The Bank shall be under no liability for interest on any money received by it hereunder.
Subject to the applicable unclaimed property laws of the State of Texas, any money
deposited with the Bank for the payment of the principal, premium (if any), or interest on any
Note and remaining unclaimed for four years after final maturity of the Note has become due and
payable will be paid by the Bank to the Issuer, and the Holder of such Note shall thereafter look
only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys
shall thereupon cease.
Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to
indemnify the Bank its directors, officers,and employees,and hold it harmless against, any loss,
liability, or expense incurred without negligence or bad faith on its part, arising out of or in
connection with its acceptance or administration of its duties hereunder, including the cost and
expense against any claim or liability in connection with the exercise or performance of any of
its powers or duties under this Agreement.
Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek
adjudication of any adverse claim, demand, or controversy over its person as well as funds on
deposit, in either a Federal or State District Court located in the State and County where either
the Bank Office or the administrative offices of the Issuer is located, and agree that service of
process by certified or registered mail, return receipt requested, to the address referred to in
Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank
further agree that the Bank has the right to file a Bill of lnterpleader in any court of competent
jurisdiction to determine the rights of any Person claiming any interest herein.
Section 5.08. DT Services. It is hereby represented and warranted that, in the event the
Notes are otherwise qualified and accepted for "Depository Trust Company" services or
equivalent depository trust services by other organizations, the Bank has the capability and, to
the extent within its control,will comply with the"Operational Arrangements",effective December
12, 1994, which establishes requirements for securities to be eligible for such type depository
719146.1 -7-
OMIT A
trust services,including,but not limited to,requirements for the timeliness of payments and funds
availability, transfer turnaround time, and notification of redemptions and calls.
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01. Amendment. This Agreement may be amended only by an agreement in
writing signed by both of the parties hereto.
Section 6.02. Assignment. This Agreement may not be assigned by either party without
the prior written consent of the other.
Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent,
waiver, or other document provided or permitted hereby to be given or furnished to the Issuer
or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively,at the addresses
shown on page 9.
Section 6.04. Effect of Headings. The Article and Section headings herein are for
convenience only and shall not affect the construction hereof.
Section 6.05. Successors and Assigns. All covenants and agreements herein by the
Issuer shall bind its successors and assigns, whether so expressed or not.
Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or
unenforceable,the validity, legality,and enforceability of the remaining provisions shall not in any
way be affected or impaired thereby.
Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to
any Person, other than the parties hereto and their successors hereunder, any benefit or any
legal or equitable right, remedy, or claim hereunder.
Section 6.08. Entire Agreement. This Agreement and the Note Resolution constitute the
entire agreement between the parties hereto relative to the Bank acting as Paying
Agent/Registrar and if any conflict exists between this Agreement and the Note Resolution, the
Note Resolution shall govern.
Section 6.09. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and all of which shall constitute one and
the same Agreement.
Section 6.10. Termination. This Agreement will terminate (i) on the date of final
payment of the principal of and interest on the Notes to the Holders thereof or(ii)may be earlier
terminated by either party upon sixty (60) days written notice; provided, however, an early
termination of this Agreement by either party shall not be effective until (a) a successor Paying
Agent/Registrar has been appointed by the Issuer and such appointment accepted and(b)notice
given to the Holders of the Notes of the appointment of a successor Paying Agent/Registrar.
Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination
719146.1 -8-
X1i1D11 A
of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely
affect the payment of the Notes.
The resigning Paying Agent/Registrar may petition any court of competent jurisdiction of
the appointment of a successor Paying Agent/Registrar if an instrument of acceptance by a
successor Paying Agent/Registrar has not been delivered to the resigning Paying
Agent/Registrar within sixty (60) days after the giving of such notice of resignation.
Upon an early termination of this Agreement, the Bank agrees to promptly transfer and
deliver the Note Register (or a copy thereof), together with other pertinent books and records
relating to the Notes, to the successor Paying Agent/Registrar designated and appointed by the
Issuer.
The provisions of Section 1.02 and of Article Five shall survive and remain in full force
and effect following the termination of this Agreement.
Section 6.11. Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Texas.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day
and year first above written.
CHASE BANK OF TEXAS, NATIONAL
ASSOCIATION, Dallas, Texas
BY
Title:
[SEAL]
Attest:
Mailing Address:
Title: Corporate Trust Department
P. O. Box 660197
Dallas, Texas 75266-0197
Delivery Address:
Corporate Trust Department
2200 Ross Avenue, 5th Floor
Dallas, Texas 75201
CITY OF WYLIE, TEXAS
BY
Mayor
(CITY SEAL)
Address: 2000 Highway 278 North
Attest: Wylie, Texas 75098
City Secretary
719146.1 -9-
7,XMBJT A
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 29 of this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be provided
annually in accordance with such Section are as specified (and included in the Appendix or
under the headings of the Official Statement referred to) below:
1. The financial statements of the City appended to the Official Statement
as Appendix B, but for the most recently concluded fiscal year.
2. The information under Tables 1 through 6 and 8 through 15.
Accounting Principles
The accounting principles referred to in such Section are the generally accepted
accounting principles as applicable to governmental units as prescribed by The Government
Accounting Standards Board.
716826
WYLIE CITY COUNCIL
INDIVIDUAL CONSIDERATION
Item No. 7
August 11, 1998
There are no back up materials prepared for this item.
Prepared by Reviewed by Finance City Manager Approval
Item for Individual Consideration
-subject-
Page 1
WYLIE CITY COUNCIL r/fr
INDIVIDUAL CONSIDERATION
Item No. 8
August 11, 1998
Issue
Consider and Act Upon Accepting the Proposed Ad Valorem Tax Rate and Calculation of an
Effective Tax Rate for Fiscal Year 1998/99. When a proposed rate will raise more revenue than the
preceding year a public hearing must be scheduled A vote must also be taken and the results published
in the Wylie News in a notice entitled "Notice of Public Hearing on Tax increase".
Background:
In accordance with the"Truth-in-Taxation" laws of the State of Texas, notices must be published and
a public hearing must be held Wan entity's proposed tax rate will raise more revenue (tax levy) than the
preceding year. Therefore, the City is required to vote on the proposed tax rate and publish the results
of the roll call vote at least seven (7) days prior to the first scheduled public hearing on September 8th.
The purpose of the first public hearing is to give the taxpayers an opportunity to express their views on
the increase. The Council may not adopt the tax rate at this hearing. Instead, at the end of the hearing,
it must set and announce the date, time, and place of the meeting at which it will vote on the final
proposed tax rate. The second public hearing on September 22nd to vote on the tax rate must take place
no less than three (3) days and no more than fourteen (14) days after the first public hearing.
The official detailed effective tax rate calculation is available in the office of the Collin County Tax
Assessor/Collector(Kenneth Maun)in McKinney. A copy is also maintained in the Finance Department
for the Council and the public to view.
Financial Considerations:
The proposed budget is based on the proposed tax rate of.675 per $100 valuation. This is within the
rate previously discussed by council. Any change in the proposed tax rate will require revision of the
proposed budget.
Other Considerations:
The City is required by law to follow certain meeting and notice (publication) guidelines as shown on
the attached calendar excerpt from the"Truth-in-Taxation" guide.
Item for Individual Consideration
Acceptance of Proposed Ad Valorem Tax Rate
& Calculation of Effective Tar Rate for FY98/99
Page 1
Staff Recommendations
The staff recommends that Council vote on the proposed tax rate and schedule the next required public
hearing on the tax increase for September 8, 1998.
Attachments
Resolution Reporting Record Vote
1998 Planning Calendar from the "Truth-in-Taxation" guide
1998 Property Tax Rates in City of Wylie and Effective Tax Rate Calculation
`11( 7fliLCd
Prepared by Revi d by Finance City Manager Approval
Item for Individual Consideration
Acceptance of Proposed Ad Valorem Tax Rate
& Calculation of Effective Tax Rate for FY98/99
Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACCEPTING THE
PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 1998-99;ACCEPTING THE CALCULATION OF
AN EFFECTIVE TAX RATE; ESTABLISHING A DATE FOR PUBLIC HEARING ON THE PROPOSED
PROPERTY TAX RATE; AND PROVIDING FOR THE PUBLICATION AS PROVIDED BY THE TEXAS
PROPERTY TAX CODE
WHEREAS,the City of Wylie has received the calculated effective tax rate as presented by the Collin County
Tax Assessor Collector's Office; and
WHEREAS, the proposed tax rate would increase the previous tax year levy the Statute requires an
additional public hearing in order to entitle the City Council to consider acceptance and adoption of an ordinance
levying a proposed property tax rate of.675 per $100 (ONE HUNDRED) dollars valuation; and
WHEREAS, the Texas Property Tax Code Chapter 26, as heretofore amended, provides for specific
procedures in which to consider the proposed tax rate
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Wylie,that:
SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of .675 per$100
(ONE HUNDRED) dollars valuation as the proposed property tax rate for fiscal year 1998-1999.
SECTION 2. That Council met in a public meeting on August 11, 1998 and accepted this resolution with
a majority vote as follows:
Mayor John Monday YEA NAY ABSTAIN ABSENT
Mayor Pro Tern J.C. Worley YEA NAY ABSTAIN ABSENT
Councilmember Joel Scott YEA NAY ABSTAIN ABSENT
Councilmember Reta Allen YEA NAY ABSTAIN ABSENT
Councilmember Lavern Ramsey YEA NAY ABSTAIN ABSENT
Councilmember Merrill Young YEA NAY ABSTAIN ABSENT
Councilmember Chris Trout YEA NAY ABSTAIN ABSENT
SECTION 3. That a public hearing shall be held on September 8, 1998 at 7:00 p.m. in the City Council
Chambers at the Wylie Municipal Complex, 2000 Hwy 78 North,Wylie, Texas, to receive public comment
regarding the proposed tax rate.
SECTION 4. That the content and vote taken on this resolution shall be published in the official newspaper
of the City as provided by the Texas Property Tax Code.
DULY RESOLVED by the City Council of the City of Wylie, Texas on this the l lth day of August 1998,
JOHN MONDY,MAYOR
BARBARA SALINAS, CITY SECRETARY
08/08/98 18:10 e972 5475040 K MAUN TAX A/C (t002
1998 Property Tax Robes
in C!!y of Wyii.
This native*vacant 1998 property tax rates i rt CIiy ofWybe. n pry
infatuation shout three tax rafts. Last yams'UK:sale is the actual rate tits taxing
tint used in darn tee popery taus hest yea. This yew%eabotivo tax raft would
impose the same total taxes as last year il*itt compare properties tamed in bout
years. This yam's rotthack tax rate is the highest lux rate the axing unit can act
bele0 texpayea Cabs saint tax rollback otoaethrar, la each case these rates are!brad
by dividing the total amount often*by rise tax base(de total value oftaxable
property)with at ustmena as required by dale law. The rates are gi+weo per 5100 of
preperlyvalue.
Last year's lax rate
Last year's operating rases $2,311,131
Lax yeses debt taxes $ 66,591
Last year's total taxes gy877,722
Lam year's Imbue 5426,32%222.
Lae yasi's total t xmta 0.675000/$100
This year's a incdve tax rate
Last year's adjusted tomes S2,$72,526
(after aubiaeti gtameseaboa(pr ty)
/ This y u's aAiusted tax base $436,771,560
(alto:sublimating value arrow popery)
= This year's sanative tan rase 0.657672 4100
This year's Wench tax rat t
Las yearn am iratamt opce&aiag uses $2,306,957
(after teas on lost prigartay sad adjusting
for tar shared ihnetio*)
I This year's adjusted+sot base $436,771,560
oT This yeses aelxSiva operating rate 0.528184 4100
x 1.08 this yaec's maw eprealiag rase 0.570438 4100
+ This years debt rate 0.1 60399 4100
'a This year's rotlbaolc fate 0.730837 4100
08/06/98 16:45 TX/RX NO.9088 P.002
08/06/98 18:10 'i3'972 5475040 K 1MALTN TAX A/C 003
•
Sebedarie A
Unencumbered Puad Balances
Tire following esti meal balances will be left is the unit's properly Uthc seooaats atthe
mid ufthe fiscal year. These balances are not eneambered by a correspoadai debt
Type afPreperty Tam Feed Parse
Mrainmast the dt Opeattions S1,027,050
Interest bt Sluicing $158,600
Schedule B
199*Debt Service
The trait plans to pay the following amounts$hr loe►g4herm debts that are secarad by
prey mans. Theme amounts will be paid from ropey to rewa Wes(er additional
self )
Principe'or interest to be
C.ontreet Payment Paid from Other
Description to be Paid Sinew Property Amounts Total
°[Debt Property Tams Taxes to be Paid Pare m et
•
Certificates of $35,055 $3,170 $350 538.875
Obligatinn-
1990
$122,362 S102,1I7 $350 $224,829
Revenue
Bonds-1993
S50,576 5800,504 $350 $131,730
Obligation
Bonds-1993
Certificates of S44,444 S82,485 $350 5127,279
Obligation-
1997
Tax Notes- $130,000 $47,666 $350 5178.016
1998
Public Property $30,000 $12,201 $350 S42,551
Finance ontr_
-
Total required for 1998 debt service $743,280
- Amount(if any)paid'tom teats listed in Schedule A S0
- recess collections ons last year 80
• Total to be paid ikon taxes in 1998 5743,280
+ Amount added in anticipation that the unit will
collect only 100.00%of its taxes in 1998 S0
= Total debt levy 5743,280
This notice contains s amunmy*factual tiwl atfative and rollback tax rated aslcudasiom.
You can inspect a copy arrive Bali cslculationa at 1434 N.Central Bxpwy,Ste 116,
McKinney,Tereus 75069.
Name of person preparing this notice:Kenneth L.Malin
Title:Tax Assessor Collector
Date prepared:August 6, 1993
08/06/98 16:45 TX/RX NO.9088 P.003 111
1998 Planning Calendar
(For Taxing Unit Use)
May ? Mailing of notices of appraised value by chief appraiser.
May 15 Deadline for submitting appraisal records to ARB.
July 15 Deadline for commissioner of education to send notice to districts required to equalize
wealth.
July 20 Deadline for ARB to approve appraisal records.
July 27 Deadline for chief appraiser to certify rolls to taxing units.
? Certification of anticipated collection rate by collector.
August 6 Calculation of effective and rollback tax rates.
August 12 Publication of effective and rollback tax rates; schedules and fund balances; submission to
governing body.
August 7 72-hours notice for meeting(Open Meetings Notice).
August 11 Meeting of governing body to discuss tax rate; if proposed tax rate will raise more rev-
enue than the preceding year's revenue, take record vote and schedule public hearing.
August 19 "Notice of Public Hearing on Tax Increase" (1st quarter-page notice) published at least
seven days before public hearing.
September 4 72-hour notice for public hearing (Open Meetings Notice).
September 8 Public hearing; schedule and announce meeting to adopt tax rate 3-14 days from this date.
• September 16 "Notice of Vote on Tax Rate" (2nd quarter-page notice) published before meeting to
adopt tax rate.
September 18 72-hour notice for meeting at which governing body will adopt tax rate.
September 22 Meeting to adopt tax rate. Meeting is 3 to 14 days after public hearing and by September 1,
or as soon after as practicable. School districts subject to an equalized wealth notice must
wait to adopt a tax rate until the commissioner certifies the wealth is equalized[Section 41.004(c),
Education Code].
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Truth-in-Taxation—May 1998