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08-25-1992 (City Council) Agenda Packet TIME POSTED: 3:00 P.M. DATE POSTED: 08/21/92 AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, AUGUST 25, 1992 7:00 P.M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION - Bro. Don Yeager, United Methodist Church PLEDGE OF ALLEGIANCE ORDER OF BUSINESS BUSINESS 1 Consider Approval of Minutes of the August 11, 1992 Council Meeting 2 Presentation of Certificate of Appreciation to Collin County Community `college Training and And Employment Program to Annette Tillman and Barbara Ridley 3 Presentation from Mrs. Norma Sessom, Executive Director of Collin County Committee on Aging - Meals On Wheels 4 Designation of an Acting City Manager in Compliance With the City Charter 5 Consider Dis-Annexation Request of David & Glenda Lott 6 Consider Approval of Payment Request No. 6 from Randall & Blake, Inc. in the amount of $25,766.32 for landfill closure 7 Consider Approval of Payment Request No. 03-028907- 002 from Jones & Neuse for Groundwater Monitor Well Sampling for 2nd Quarter in the Amount of $1,354.20 8 Consider Approval of Payment Request No. 03-028907- 003 from Jones & Neuse for Preparing and Issuing Monitoring Well Reports ORDER OF BUSINESS BUSINESS ORDINANCES/RESOLUTIONS 9 Consider Approval of a Resolution Authorizing Staff to Negotiate and Enter Into A Lease Purchase Agreement to Finance the New Computer System. 10 Consider Approval of a Resolution Authorizing the City Manager to sign Agreement with DART for Boring Under the Railroad Tracks for Utilities in the Oak- Ridge Subdivision. 11 Consider Approval of a Resolution Authorizing the City Manager to Sign Documents Incident to Making Application for a Grant from the Texas Community Development Program (TCDP) . 12 Consider Approval of a Resolution to the Texas Department of Transportation and to the Regional Transportation Committee of COG to Show Support for The Highway 78 Project ` 13 Consider Approval of Ordinance Regulating Traffic On the Newly Constructed Portion of Pirate Drive. Other Business 14 Consider Approval of W.S.A. Storage Bldg/Public Restrooms and Changing of Community Park Master Plan to Reflect Addition of New Structure. 15 Consider Awarding Bid for Birmingham Street Curb and Gutter Work STAFF REPORTS 16 City Manager's Report 17 City Engineer's Report 18 City Attorney's Report 19 Citizen Participation In accordance with the Open Meeting Act, the City Council will hear comments of Public Interest from citizens residing within the City Limits of Wylie. Any discussion must be limited to placing the item on a future agenda for consideration. Wylie residents wishing to speak before the Council should fill out the form provided at the back of the Chambers and will limit their remarks to a maximum of five (5) minutes. ORDER OF BUSINESS BUSINESS 20 Recess Open Meeting 21 Executive Session Convene Council into Executive Session under the Authority of Article 6252-17 V.A.C.S. , Section 2 Paragraph "g" Personnel Matters - Review Performance of City Manager 22 Reconvene into Open Session 23 Consider any action necessary from Executive Session 24 Adjourn NOTICE OF REGULAR MEETING Notice is hereby given that the governing body of the City of Wylie will meet at 7:00 P.M. on the oZ 5 f7Lday of , 199A , in the Council Chambers of the Municipal Complex at 2000 Hwy. 78 North in the City of Wylie, Texas for the purpose of considering the attached agenda. Anita Collins, Acting City Secretary POSTED THIS THE 02-/ DAY OF , 1992, AT c a0 P.M. CITY COUNCIL MEETING MINUTES AUGUST 11, 1992 The City of Wylie City Council met in regular session on Tuesday, August 11, 1992 at 7:00 P.M. in the Council Chambers of the Municipal Complex. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Pro Tem Jim Swartz, Council Members Jay Davis, Reta Allen, Steve Wright, Ortie Messenger and Bud Naish, City Manager Steve Norwood, City Secretary Carolyn Jones, Finance Director Brady Snellgrove, and City Attorney Steve Deiter. Mayor Pro-Tem Swartz called the meeting to order and Rev. Al Draper of the First Baptist Church gave the invocation which was followed by the Pledge of Allegiance. APPROVAL OF MINUTES: Councilman Jay Davis asked for clarification on the Mayor's statement concerning the approval of the zoning change and map amendment for lots 13 , 14, 15 of Block, 3 Brown & Burns Addition. Councilman Davis thought that the Mayor stated that as a councilmember he had voted against the rezoning and that at that time he had insisted that the Mayor at that time not vote because of a conflict of interest. Mayor Pro- Tem Swartz clarified that the Mayor at that time, Chuck Trimble excused himself from voting because he was involved in the buying of the house. Mayor Akin did not vote the second time the zoning change came before the Council. Upon clarification of the Mayor's statement Councilman Davis made a motion that we approve the minutes of the July 21st and July 28th, 1992 Council meetings as written. Councilman Wright seconded the motion. The vote was as follows: Mayor Pro-Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Wright - in favor, Councilman Messenger - in favor and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF AWARD OF BID FOR REPAIRS TO RUSTIC OAKS DRAINAGE DITCH: City Manager Norwood presented this item to Council. After the Council meeting last month the staff went out for bids to repair the ditch and we went for three options; 1) reestablishing the banks, 2) concrete lining, and 3) piping and covering. The bids ranged from $50,000 to $230,000. Staff feels the $50,000 was too high because of dirt prices - probably could be lowered by $10,000 if staff decides to take this route. We did receive quotes this morning on moving the fences back, securing the fences, etc. This came in at around $20,000. It is the City's responsibility to reestablish the banks but not to concrete line the ditch or make any improvements to it. It would be around $40,000 to $50,000 to reestablish the banks. Councilman Naish asked what area this would include. City Manager indicated that it was the area between Jefferson and Oak. Councilwoman Allen wanted to know how we arrived at this area. City Manager said that it was the most affected area. Steve Helmberger explained the technical aspects of reestablishing the banks. Councilman Messenger stated that we should reestablish the banks to the proper slopes. Councilman Naish stated that we should reestablish the slopes and fix the fences that are damaged due to our neglect. Councilwoman Allen wanted to know when we would fix the other parts of the ditch. Mr. Allan Eason of 116 N. Rustic Trail addressed the Council on this issue. He urged the Council to get the ditch fixed before the rainy season. Councilman Naish wanted to know if we can rebid the dirt and have it on the next agenda. City Attorney stated that we would not be able to get it on the next agenda but there is a possibility of negotiating dirt prices on the bids we now have. Councilman Messenger made a motion that we go with Option 1 to reestablish the bank at a price not to exceed $51,842 and give the City Manager the negotiation option to lower the price. Councilman Wright seconded the motion. The vote was as follows: Mayor Pro-Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - against, Councilman Wright - in favor, Councilman Messenger - in favor and Councilman Naish - in favor. This motion carried with five in favor and one against. APPROVAL OF SALE OF THE BOMAG: City Manager Norwood presented to the Council the maintenance cost on maintaining this piece of equipment, along with the costs to rent one should we sell this one. The funds from the sale will be used as seed money to start a fleet replacement program. Councilman Naish made a motion that we sell the bomag to Jedco Properties for $67,000. Councilwoman Allen seconded the motion. The vote was as follows: Mayor Pro- Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Wright - in favor, Councilman Messenger - in favor and Councilman Naish - in favor. This motion carried with all in favor. ACCEPT LETTER OF RESIGNATION FROM PEGGY SEWELL FROM THE _PARK AND RECREATION BOARD: Councilman Wright made a motion that we accept the resignation and Councilman Messenger seconded the motion. The vote was as follows: Mayor Pro-Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Wright - in favor, Councilman Messenger - in favor and Councilman Naish - in favor. This motion carried with all in favor. APPOINTMENT OF NEW MEMBERS TO THE ZONING BOARD OF ADJUSTMENTS TO REPLACE SUE ELLEN HEAL AND TO THE PARK & RECREATION BOARD TO REPLACE PEGGY SEWELL: Councilman Naish made a motion to appoint Jeff Payne of 301 N. Cottonbelt to the Zoning Board of Adjustments and Councilwoman Allen made a motion to appoint Daniel Chestnut of 200 Piccadilly Circle to the Parks and Recreation Advisory Board. Councilman Messenger seconded the motions. The vote was as follows: Mayor Pro-Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Wright - in favor, Councilman Messenger - in favor and Councilman Naish - in favor. This motion carried with all in favor. PRESENTATION OF FINANCIAL REPORT FOR THE MONTH OF JUNE. 1992. BY FINANCE DIRECTOR BRADY SNELLGROVE: Brady Snellgrove stated that these statements were the same as submitted earlier. No changes had been made. Water sales last month were very good. We expect to break even on water sales. STAFF REPORTS: City Manager's Report - The City Manager gave a report on the Armory and its anticipated opening but we do no yet have permission to provide them with water service. City Engineer's Report - The City Engineer was out of town. City Attorney's Report -_The City Attorney report was in with the City Manager's and concerned water service to the Armory. CITIZENS PARTICIPATION: Mayor Pro-Tem Swartz invited those wishing to address the Council to come forward at this time. There were no speakers at this time. Mayor Pro-Tem Swartz recessed the regular meeting and reconvened the Council into a work session on the FY92-93 Budget. The Council discussed with the City Manager and the Finance Director the appropriate changes in the FY92/93 Budget. There being no other items for discussion, a motion was made to adjourn with all in favor. John W. Akin, Mayor ATTEST: Anita Collins, Acting City Secretary City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Public Works - Jack Jones DIRECTOR: Paul Beaver DATE REFERENCE NO. SUBJECT 8/20/92 2 Presentatin of Certificate of Appreciation SUMMARY OF SUBJECT: Presentation of certificate of appreciation to the Collin County Community College Training and Employment Program, presented to Annette Tillman and Barbara Ridley. °1 Thanking them for allowing us to be a participant in the Summer Youth Program. These youths have been of immense help 'in assisting with weed control, .pot-halepatching, concrete work and various other tasks. j ALTERNATIVES: 1) Present certificate to Ms. Annette Tillman and Ms. Barbara Ridley ..! 1 ACTION REQUESTED: w1 • N/A p • REVENUE SOURCES: EXPENDITURE ACCOUNTS: J BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ OVER/UNDER PROJECTIONS BY: _, PERSONNEL ❑ OPERATIONS ❑ ONE-TIME ❑ • $ • CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: A SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER - MINUTES LEGAL X Certificate REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE X DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY x PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER • Cc.,,ttj c2_„--1/41 ai6 a)k-, . dAP 0_0 Vy- fie CITY OF WYLIE 2000 HWY 78 N — P.O. BOX 428 WYLIE, TEXAS 75098 August 13, 1992 214-442-2236 Collin County Community College Training t. Employment Program 321 North Central Expressway Suite 360 McKinney, Texas 75070 Attention: Ms. Barbara Ridley Ms. Annette Tillman The City of Wylie, Public Works Division would like to take this opportunity to express our sincere thanks for allowing us to participate in the Summer Youth Employment program. Annette has been a valuable asset to the training program and we commend her on the dedication and devotion she has shown not only to her job but also to the youth involved. Annette has been extremely conscientious in her guidance and we wish her luck in her future endeavors. We would also like to extend a special thanks to the youths, Robert Armstrong, Allen Gooch, Noe Salazar and Josh Anderson for their assistance with our weed control , pot hole patching, concrete work and the various other tasks they performed in helping us, to beautify the City of Wylie. Hopefully, we have had a positive effect on each of the youths that have worked with us this summer. While there was a few rough times, I feel that we have expressed interest in their performance and have provided encouragement which will enable them to become more productive adults. This has been a valuable learning experience for them and will possibly help them choose a career path for the future. Again, we thank you and hope to be selected to participate in the 1993 summer program. Sincerely, CITY OF WYLIE PUBLIC WORKS DIVISION Rick Daddio Steve Norwood Foreman, Streets & Drainage City Manager City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Bill Nelson DIRECTOR: Community Services DATE REFERENCE NO. SUBJECT 8/18/92 3 Meals on Wheels Presentation SUMMARY OF SUBJECT: Mrs. Norma Sessom, Executive Director of Collin County Committee on Aging, to speak to City Council about Meals on Wheels program. ALTERNATIVES: N/A ACTION REQUESTED: N/A REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): .e I ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: .,.. OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: - USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER X DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS ,%°' APPROVED FOR SUBMISSION TO CITY COUNCIL ITY MANAGER MEMORANDUM DATE: August 19, 1992 TO: Mayor and City Council FROM: Steve Norwood, City Manage;" RE: Designation of an Acting City Manager in Compliance With The City Charter In accordance with the City Charter and the resignation of Carolyn Jones I am designating Brady Snellgrove, Finance Director to be Acting City Manger in my absence. Also in accordance with the City Charter, City Council ratification of my designee is required. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Steve Deiter `.` DIRECTOR: City Attorney DATE REFERENCE NO. SUBJECT 08/19/92 5 Dis Annexation Request of David & Glenda Lott SUMMARY OF SUBJECT: The Lotts have requested a roll call vote on their desire. to be disannexed (see attached letter of August 14, 1992) . The Council will recall their recent request for disannexation and the City's position at that time (see attached letter) . The letter of August 14, 1992 does not meet the requirements for disannexation petition. ALTERNATIVES: 1) Take a roll call vote as requested 2) Delay taking action on disannexation until such time as sufficient petition for disannexation is filed. ACTION REQUESTED: Unless a sufficient petition for disannexation is filed the Council does not have authority to disannex property. Therefore any vote by Council prior to receipt of such a petition would be ineffective to accomplish anything. Accordingly, the second alternative of not voting at this time is strongly recommended. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES X LETTER (2) C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF X CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS ti APPROVED FOR SUBMISSION TO CITY COUNCIL C • ANAGER * 00 CITY OF WYLIE 2000 HWY. 78 N. - P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 July 1 , 1992 David Mark Lott Glenda Faye Lott 2501 S. Highway 78 Wylie , Texas 75098 RE : Disannexation Petition Dear Mr . and Mrs . Lott , Your petition for disannexation from the City of Wylie , dated June 30, 1992 , and filed with Carolyn Jones , City Secretary, on July 1 , 1992 , has been referred to me for review. I regret to inform you that I am of the opinion that the document does not meet the requirements for a petition set out in Section 43 . 141 of the Texas Local Government Code . I would suggest that you reread this particular section ( I assume you have a copy of it since your petition references the statute ) and revise your petition to be in strict compliance with the requirements of the statute , particularly sections (d) and (e ) . The City Council cannot consider your request for disannexation unless and until a petition meeting all of the requirements of Section 43 . 141 is filed with the City Secretary. If it is your continued desire to be disannexed , and I assume it is , I would suggest that you file another petition which meets the requirements of the aforesaid section. As we previously discussed I do not believe it is proper for me , as City Attorney, to assist you in preparation and filing of such a petition. You may however be well advised to seek the assistance of someone who is experienced in these matters to prepare your next petition. PAGE 2 of 2 — Lott July 1 , 1992 Should you have any questions concerning the content and effect of this letter or the status of your request for disannexation please •. not hesitate to contact me at your convenience . Since - 1 'ours /fir ..;; /St ven : . 'eiter City Att rney cc : ' :rolyn Jones , City Secretary teve Norwood , City Manager City Council DAVID.MARK.LOTT 2501 S.HWY.78 WYLIE,TEXAS, 75098 JUNE 30, 1992 . TO THE CITY OF WYLIE. On May 13 1986 , we were involuntary annexed, into the city of Wylie. We have never been provided with a Service Plan. We have not been provided ALL the city services that other tax paying citizen in Wylie Tex. receive. We owe the city of Wylie no taxes. ALL HAVE BEEN PAID. Please, under the 43 . 141 . Disannexation FOR FAILURE TO PROVIDE SERVICES . AND BY SECTION 43 .056 Both of these allowed for petition for our disannexation. SENSE WE ARE THE ONLY TWO QUALIFIED VOTERS IN THE ANNEXED AREA, PAST AND PRESENT. PLEASE DISANNEXATION OUR PROPERTY. RE: TR. 14- R.D.NEWMAN SURVEY, ABSTRACT 660 DAVID.MARK. LOTT. glP,a !_>-c:-4$071161/Z- GLENDA. FAYE. LOTT. DAVID,& GLENDA, LOTT 2501 S. Hwy, 78 WYLIE, TEXAS. 75098 We are requesting, a roll call vote on the disannexaction of 2501 S. Hwy.78 WYLIE, TEX. For lack of services from the city of Wylie,Tex. Thank, You DAVID & GLENDA, LOTT J%Z.A.)-Li9 / if _ ii City of Wylie • AGENDA COMMUNICATION SUBMITTED BY: Paul Beaver DIRECTOR: Engineering 1 d DATE REFERENCE NO. SUBJECT 8/19/92 6 Randall and Blake, Inc. Payment Request No. 6 Landfill Closure SUMMARY OF SUBJECT: Attached is Payment Request No. 6 from Randall and Blake in the amount of $25, 766. 32 for work accomplished to close the City of Wylie landfill . Total completed to date is $230, 800. 38 which is 94% of the revised $246, 453. 00 contract. The State of Texas has been contacted to conduct their second inspection of the landfill site to assure that all requested revisions have been completed. ALTERNATIVES: No alternatiye is recommended. ACTION REQUESTED: Payment is recommended. • REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A Landfill Account BUDGETED FISCAL YEAR(s): N/A ESTIMATED EXPENDITURE: $ $25, 766. 32 OVER/UNDER PROJECTIONS BY: PERSONNEL ❑ OPERATIONS 0 ONE-TIME 0 s N/A CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ' ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE X DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY . PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL„ WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL < 7:7411,ifq/ �� CITY MANAGER i I i APPLICATION AND CERTIFICATE FOR PAYMENT PROJECT: Closure of the Old Municipal Wylie Landfill DISTRIBUTION TO: Page 1 of 2 I TO: City of Wylie PERIOD TO: JLLY 28, 1992 APPLICATION NO: 6 x_ Owner -110 Rand ff-ind'Blake via (Engineer) --X- t:Mineer T. APPLICATION DATE: CONTRACT DATE: December 38, 1991 •_x_ Contractor ..J • A B - C D E I F I a I H I I I J I K I. 1 1 I I PAY WORK COMPETED WORK COMPLETED THIS PERIOD MATERIALS IOOTAL COMPLETED I BALANCE TO ITEM DESCRIPTION OF ITEMS CONTRACT UNIT UNIT PRICE SCFEDILED FROM PIEVIORS PRESENTLY STOKED! 1 STORED TO 1 I FINISH NO. OIYWTITY VALE APPLICATION QUANTITY I $AMOUNT (NOT IN 6 OR H) I DATE (6+H+I) COMPLETE I (F-J) • 1 CLEARING AND NUBBINS 40.88 AC $45.00 fir 8/0.Oi 11,811.88 0.1E AC se.Oi of se.es 1 stomas 8N 100.80%1 MOO `) 2 EXCAVATION AID GRADING 57080.00 CY S1.52 _ $86,640.80 $81,110.24 2738.45 CY $4,162.44 es s1.80 I $85.272 68 98.42%1 $1,367.32 3A BOMA 6RRSSIN6 40.00 AC $505.00 $20,200.00 Mae _Aker AC 4eS:EIst 00-f/o,:a,- Mee I s21.201.01 101.00%! MOO , ,, 1 4-IRE)MOVE,-DISPOSEZ -T -$38S8 I $385:80"1 sI ST ri( $01.(f-s8.80 se.00 s19c. a 5/.00s1 $:92.3r i , 51 9 MBA 6' IEAVY DUTY CHAIN LINK PEKE 1120.00 LF $9.50 $18,641.11 $9,511.00 LOG LF $8.011 MOB $9,500.00 89.29%1 $1,140.80 I 1 .. 6 DELETED 1.80 EACH MOO MOO s8.80 1.0/EACH AL M NUN WOO 0.80%1 MOO I i, 7A____LQAD, HAIL, SPREAD OF-SIZE CLAY FILL 28900.00 CY 12.35 $67,915.00 $65,217.21 0.1S CY s&80 $0.00 $65,217.20 96.83%1 $2,697.80 I 8A 4 STRANG BARBED WIRE-FE)Ct ( 1455ak1 $4,495:00 $4,A1E01T-L-80 LF PLOP s1.1q Iq,J41.ifs srw.avc: so7.01 r 9A 9 611 8' WAVY DUTY CHAIN LINK FENCE 128.81 LF • S12.65 $1,518.81 11,518.80 a.OI LF WO WO $1,518.181 101.05%! • NUN I I,. 14A MOVE, DI EXISi1N8 TREE! 1.OR LS $2,861.PO s2,861.80 s1.81 1.10 LS s2,86I.MI s1.00 . s2,860.00 101 0.M.05%I s I 11111 ILOio, HA(LSJi ., CLAY FILL 10001.00 CY $5.00 MSS,000.00 $48,OK* 2100.05 CY $1 000.08 W.00 'ea,81/.0a 101.81XA - IS.Mt I . TOTALS $246.453.64 $293,677.94 11Fr22t44"1 fi.1i f3�aoo �+ hstlia 93 A3X 1 ati c -F S 1 5, L. 9Itt..tl l sr 8A 1 L,66z.,,z �`` TOTAL CORTAACt OAI ONDAR DAYS 6v Page 2 of 2 I • CONTRACT CALENDAR DAYS TO DATE .4 .. � 1 . IIPROCEED 1lIPLETE 4 70 CONTRACT START DATE 1-16-92 . i The undersigned Contractor certifies that tothe best ofe Contractor's e1 ,- ( und th knowledge, information and belief the Work covered by this Application for O ' Payment has been completed_in.accordance with the Contract Documents, that . all amounts have-been paid sy the CantraEtar Fen W5FE-for rich previous • AUG 14 1992 Certificates for Payment were issued and payments received from the Owner, : C: y and that current payment shown herein is now due. " Ii "IV71 '1L1111"MI J !-i --:17-1119').-- 1.; . ItC v . • .I Ib C0 Applicstionis made Ter Payment, as shah below, in connection with the Contract. ENGINEER'S CERTIFICATE FOR PAYMENT - i accordance with the Contract Documents, on arm a b B'Vathins ird 1. ORIGINAL CONTRACT SW $172,692.08 the data comprising the above application, the Engineer certifies to the + (.:i 2. Net Change by Change Orders $73,761.00 Owner that to the best of the Engineer's knowledge, information and belief _3. CONTRACT Sig TO DATE (Line 1 +1-2) s246,453. ' the Work has progressed as indicated, the quality of the Work in accordance 4. TOTAL COPLETED s STORED TO DATE s141T1O5 38' Z'3ci O.3t [ifhi Tie-Contract Documents, Cent-Fedor is entitl�ienTbt I'• (Column J Above) NOM CERTIFIED. (-. ' 5. AETAINAGE a. 5 X of Completed Work s42,445.42. ' I(r$iW.J1 ANOINT CERTIFIED $ l5%of Column ER) (Rttieh-ex fanation if"a� ffid-differs From b. 5 X of Stored Material $1.80 the amount applied for.) • 4) (5 X of Column I) ir1570•oZ ENS! »s ' Total Retain 15a+Sb) �� �j' �� 6. TOTAC-EARNED TESSL:ne o6E 0Z28.855: z t L(o013e. �.. 0 �i'7i - (Line 4 less Line 5 Total) ' B .,n► _ (_ 7. LESS PREVIOUS CERTIFICATES FOR PATIENT $193,494.14 i' (Line 6 fros_prior Certificate) �r7Ut�;Z_ This ificate is not negotiable. The AMOLNT FLED is payable only to 8. Eneir PA�ME , tiff • rider-milled herein-Tituancn:payment and accei'tWe of-payment are 9. BALANCE TO FINISH, P1.i19 IETAINAGE $LT. 9i 84 3'2.1 I(qZ• ci 0 withoutContractor under prejudice to any rights of the Owner or der this Contract. I (Line 3 less Line 6) I• "i • ' I , G City of Wylie AGENDA COMMUNICATION SUBMITTED BY:: Paul Beaver DIRECTOR: Engineering €1)11V DATE REFERENCE NO. SUBJECT 8/17/92 Jones & Neuse Pay Estimate 7 Invoice #03-028907-002 Groundwater Monitor Well Sampling 2nd Quarter SUMMARY OF SUBJECT: Attached is a payment request from Jones & Neuse in the amount of $1, 354. 20 for the Second Calendar Quarter monitor well testing required by the Texas Department of Health. This testing provides confirmation of the data which the landfill closure plan was approved upon. The $1 , 354. 20 payment is for the Second Calendar Quarter and is included within the $10, 725 approved contract amount. The First Calendar Quarter monitoring was accomplished under this contract amount also. ALTERNATIVES: No alternative is recommended. ACTION REQUESTED: Payment is recommended. • REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A Landfill Account BUDGETED FISCAL YEAR(s): N/A ESTIMATED EXPENDITURE: $ $1 , 354. 20 • OVER/UNDER PROJECTIONS BY: PERSONNEL _ ❑ • OPERATIONS ❑ ONE-TIME CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN. SKETCH BID TAB/SPECS OTHER MINUTES LEGAL • REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE X DIR. OF PLANNING/ENG. •LIBRARY DIRECTOR _ - POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROYEDFOTOCCOUNCIL/74 CITY MANAGER )ONES ANDNEUSE, INC. June 15, 1992 Invoice No. 03-028907-002 11811 IH-10 East, Suite 450 Houston,Texas 77029 713-450-1882 1st & 2nd Quarter Sampling Paul Beaver Director of Planning & Enginee City of Wylie 2000 Hwy 78 North P.O. Box 428 Wylie, Texas 75098 PM146 Period of Service: May 1, 1992 through May 31, 1992 CONDUCT 2ND QUARTER SAMPLING. WRITE LETTER IN RESPONSE TO TWC COMMENTS. Labor Engineer VII 1. 000 hr @ $ 95 . 00/hr = 95 .00 Env Specialist VII .250 hr @ $ 95 .00/hr = 23 .75 Technician VIII 17. 000 hr @ $ 60.00/hr = 1020 .00 Technician V 1.250 hr @ $ 43 . 00/ar = 53 . 75 Clerk III 1.250 hr @ $ 33 . 00/hr = 41 .25 1233 . 75 Expenses Computer Charges 10 . 00 Mail/Shipping 1.20 Material 53 . 81 Telecommunications 3 . 59 Travel 51. 85 120.45 Amount Due This Invoice S 1354.20 PAYMENT OF THIS INVOICE IS DUE WITHIN 30 DAYS. AFTER 30 DAYS, INTEREST OF 1% - PER MONTH WILL BE APPLIED TO AMOUNT DUE. TERMS:Net cash,due on receipt of invoice.Payable in Houston,Harris County.Texas A 1%MONTHLY SERVICE CHARGE(12%per annum)WILL BE ADDED TO SUBSEOUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Paul Beaver DIRECTOR: Engineering CO DATE REFERENCE NO. SUBJECT 8/18/92 Jones & Neuse Pay Estimate 8 Invoice $03-028907-003 2nd Quarter Prepare & Issue Monitoring Well Reports SUMMARY OF SUBJECT:--• - Attached is a payment request from Jones & Neuse in the amount of $3,024.09 for preparing and issuing second calendar quarter monitor well reports which were required by the Texas Department of Health. The $3, 024. 09 payment is for the Second Calendar Quarter and is included within the $10, 725 approved contract amount. - ALTERNATIVES: No alternative is recommended. - ACTION REQUESTED: Payment is recommended. - REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A Landfill Account BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: N/A ,• • $ $3,024.09 PERSONNEL ❑ _' OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ ' • $ ' CAPITAL 0 RECURRING ❑ OTHER COMMENTS: _ • USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL • REVIEWED BY: • CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. - .LIBRARY DIRECTOR.* POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL -- --- - CI MANAGER July 15, 1992 Invoice No. 03-028907-003 r )ONES AND NEUSE, INC. 11811 IH-10 East, Suite 450 Houston, Texas 77029 713-450-1882 1st & 2nd Quarter Sampling r' v if r d , . ,- i i ' ' 1/ Paul Beaver Director of Planning & Enginee City of Wylie 2000 Hwy 78 North -'`'___,/ P.O. Box 428 -Period of Service: June 1, 1992 through June 30, 1992 .:Prepare and issue 2nd calendar quarter monitoring well reports. • Labor Engineer VII 12 . 000 hr @ $ 95 . 00/hr = 1140 .00 Env Specialist VII .500 hr @ $ 95 . 00/hr = 47.50 Technician VIII 4 . 000 hr @ $ 60 . 00/hr = 240 . 00 - Technician VI 2 . 000 hr @ $ 48 .00/hr = 96 . 00 Clerk III 1.500 hr @ $ 33 . 00/hr = 49 . 50 1573 .00 Expenses Computer Charges 20. 00 - Mail/Shipping 29 .90 Material 45. 61 Reproduction 35 . 00 x- Subcontracts 976 .35 Telecommunications 21. 85 Travel 322 .38 1451.09 Amount Due This Invoice $ 3024 .09 PAYMENT OF THIS INVOICE IS DUE WITHIN 30 DAYS. AFTER 30 DAYS, INTEREST OF it PER MONTH WILL BE APPLIED TO AMOUNT DUE. r TERMS:Net cash,due on receipt of invoice.Payable in Houston,Hams County,Texas A 1%MONTHLY SERVICE CHARGE(12%per annum)WILL BE ADDED TO SUBSEQUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Steve Deiter DIRECTOR: City Attorney's Of fire DATE REFERENCE NO. SUBJECT 08/19/92 9 Financing of Computer System SUMMARY OF SUBJECT: When Council approved purchase of the new computer system it also authorized staff to negotiate and enter into a lease purchase agreement to finance the system. However, the -• documents for lease purchase agreement require the approval, although already given, be placed in the form of a resolution. Attached hereto for your consideration is a form resolution which is to be passed incident to the lease agreement. A copy of the lease purchase agreement itself is attached for your review. ALTERNATIVES: 1) Pass resolution as presented 2) Pass resolution with appropriate modifications 3) Decline to pass resolution and seek financing of purchase of computer system through other means. ACTION REQUESTED: Option number one of approving the resolution as presented is recommended by staff. r� REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): FY92/93 ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ' X ORDINANCE/RESOLUTION X OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY x DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF X CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF . - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS 'APPROVED FOR SUBMISSION TO CITY COUNCIL ITY MANAGER RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS REGARDING THE LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF FINANCING A COMPUTER SYSTEM. WHEREAS, the City of Wylie (the "City") desires to enter into that certain Lease-Purchase Agreement dated as of August 25, 1992 by and between the City and Affiliated Corporate Services, Inc. for the purpose of financing the purchase of a Computer System; and WHEREAS, the City desires to designate this Agreement as a "qualified tax exempt obligation" of the City for the purpose of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended; and WHEREAS, the City desires to designate Steven P. Norwood, City Manager, and Brady E Snellgrove, Finance Director, as authorized signers of the Agreement; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AS FOLLOWS: Section 1 That the City will enter into a Lease Purchase Agreement with Affiliated Corporate Services, Inc. for the purpose of financing the purchase of a Computer System. Section 2 That the Lease Purchase Agreement dated as of August 25, 1992, by and between the City and Affiliated Corporate Services, Inc. is designated by the City as a "qualified Tax exempt obligation" for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. Section 3 That the City will designate Steven P. Norwood, City Manager, and Brady E. Snellgrove, Finance Director, as authorized signers of the Lease Purchase Agreement dated as of August 25, 1992, by and between the City and Affiliated Corporate Services, Inc. PASSED AND APPROVED by the City Council of the City of Wylie, this 25th day of August, 1992. APPROVED: By John W. Akin, Mayor ATTEST: BY: NAME: TITLE: MUNICIPAL LEASE-PURCHASE AGREEMENT THIS MUNICIPAL LEASE-PURCHASE AGREEMENT (hereinafter referred to as"Agreement")by and between AFFILIATED CORPORATE SERVICES,INC.,a Texas corporation(hereinafter referred to as"Lessor"),and the CITY OF WYLIE a political subdivision or agency of the State of lain (hereinafter referred to as"Lessee"). WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth,the parties hereto agree as follows: 1. Term and Payments. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the property described in Exhibit A hereto(hereinafter,with all replacement parts,substitutions,proceeds,increases,additions,accessions,repairs and accessories incorporated therein or affixed thereto,referred to as the"Prupc,ty")for the amounts to be paid in the sums(the"Lease Payments")and on the dates(the"Lease Payment Dates")set forth in Exhibit B hereto. Except as specifically provided in Section 2 hereof,the obligation of the Lessee to make the Lease Payments called for in Exhibit B hereto shall be absolute and unconditional in all events and shall not be subject to any set-off,defense,counterclaim or recoupment for any reason. The scan of the lease hereunder shall commence upon the acceptance of possession of the Property by Lessee(or acceptance by Lessee of delivery of the fast item of Property if this Agreement involves multiple items of Property)and shall continue until the end of the Lessee's current fiscal period and thereafter for such additional fiscal periods as are necessary to complete the anticipated total lease term as set forth in Exhibit B,unless earlier terminated as provided herein. Lessee will evidence its acceptance of the Property by executing and delivering to Lessor a Certificate of Acceptance(hereinafter so called)in the form provided by Lessor. 2. Nonappropriation and Right of Termination. The obligations of Lessee to make Lease Payments(called for in Exhibit B)and to make any other payments to Lessor(or to any other person)pursuant to this Agreement are subject to appropriation by the Lessee of funds that are lawfully available to be applied for such purpose.If Lessee fails to make such an appropriation prior to a fiscal period of Lessee,for the Lease Payments scheduled in such fiscal period,Lessor may terminate this Agreement.Lessee may terminate this Agreement by providing written notice of such termination to Lessor not less than 45 days prior to the first day of any fiscal period of Lessee during which Lessee Payments are scheduled.Upon any such termination of this Agreement,all of Lessee's right,title,and interest in and its obligations under this Agreement and to the Property shall terminate effective on the last day of the last fiscal period of Lessee for which such an appropriation was made. 3. Taxes. In addition to the Lease Payments to be made pursuant to Section 1 hereof,Lessee agrees to indemnify and hold Lessor harmless from and against and to pay Lessor,as additional rent,on demand,an amount equal to all license,assessments,sales,use,real or personal property,gross receipts or other taxes,levies,imposts,duties or charges,if any,together with any penalties,fines or interest thereon imposed against or on Lessor, Lessee or the Property by any governmental authority upon or with respect to the Property or the purchase,ownership,rental,possession,operation,return or sale of,or receipt of payments for,the Property,except any Federal or state income taxes,if any,payable by Lessor. Lessee may contest any such taxes prior to payment provided such contest does not involve any risk of sale,forfeiture or loss of the Property or any interest therein. 4. Lessee's Covenants and Representations. Lessee covenants and represents as follows: (a) Lessee represents,and will provide an opinion of its counsel to the effect that,it has full power and authority to enter into this Agreement which has been duly authorized,executed,and delivered by Lessee and is a valid and binding obligation of Lessee enforceable in accordance with its terms,and all requirements for execution,delivery and performance of this Agreement have been,or will be,complied with in a timely manner, (b) All payments hereunder have been,and will be,duly authorized and paid when due out of funds then on hand and legally available for such purpose;Lessee will,to the extent permitted by State law and other terms and conditions of this agreement,include in its budget for each successive fiscal period during the term of this Agreement a sufficient amount to permit Lessee to discharge all its obligations hereunder-,and,Lessee has budgeted and available for the current fiscal period sufficient funds to comply with its obligations hereunder; (c) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for,authorization or performance of,or expenditure of funds pursuant to,this Agreement; (d) Information supplied and statements made by Lessee in any financial statement or current budget prior to or contemporaneously with this Agreement are true and correct; (e) Lessee has an immediate need for,and expects to make immediate use of,substantially all the Property,which need is not temporary or expected to diminish in the foreseeable future; 5. ' Use and Licenses. Lessee shall pay and discharge all operating expenses and shall cause the Property to be operated by competent persons only. Lessee shall use the Property only for its proper purposes and will not install,use,operate or maintain the Property improperly, . carelessly,or in violation of any applicable law,ordinance,rule or regulation of any governmental authority,or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. Lessee shall keep the Property at the location stated on the Certificate of Acceptance executed by Lessee upon delivery of the Property until Lessor in writing permits its removal,and the Property shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain,at its expense,all registrations,permits and licences,if any,required by law for the installation and operation of the Property. Any license plates used on the Property shall be issued in the name of the Lessee. If a certificate of title is issuable with respect to the Property,it shall be delivered to the Lessor showing the interest of the Lessor. 6. Ma i n t e n a n e e. Lessor shall not be obligated to make any repairs or replacements. At its own expense,Lessee shall service, repair and maintain the Property in as good condition,repair,appearance and working order as when delivered to Lessee hereunder,ordinary wear and tear from proper use alone excepted,and shall replace any and all parts thereof which may from time to time become wom out,lost,stolen,destroyed,or damaged beyond repair of rendered unfit for intended use,for any reason whatsoever,all of which replacements shall be free and clear of all liens,encumbrances and claims of others and shall become part of the Property and subject to this Agreement. Lessor may,at its option,discharge such costs,expenses and insurance premiums necessary for the repair,maintenance and preservation of the Property,and all sums so expended shall be due from Lessee in addition to rental payments hereunder. 7. Alterations. (a) Lessee may,at its own expense,install or place in or on,or attach or affix to,the Property such equipment or accessories as may be necessary or convenient to use the Property for its intended purposes provided that such equipment or accessories do not impair the value or utility of the Property. All such equipment and accessories shall be removed by Lessee upon termination of this Agreement,provided that any resulting damage shall be repaired at Lessee's expense. Any such equipment or accessories not removed shall become the property of Lessor. (b) Without the written consent of Lessor,Lessee shall not make any other alterations,modifications or improvements to the Property except as required or permitted hereunder. Any other alterations,modifications or improvements to the Property shall immediately become part of the Property,subject to the provisions hereof. Without the prior written consent of Lessor,Lessee shall not affix or attach any of the Property to any real property. The Property shall remain personal property'fegardless of whether it becomes affixed or attached to real property or permanently rests upon any real property or any improvement thereon. MUNICIPAL LEASE-PURCHASE AGREEMENT PAGE 1 8. Liens. Lessee shall not directly or indirectly create,incur,assume or suffer to exist any mortgage,security interest,pledge,lien, charge,encumbrance or claim on or with respect to the Property,title thereto or any interest therein,except the respective rights of Lessor and Lessee hereunder. 9. Damage to or Destruction of Property. Lessee shall bear the entire risk of loss, damage,theft, or destruction of the Property from any and every cause whatsoever,and no loss,damage,destruction or other event shall release Lessee from the obligation to pay the full amount of the rental payments or from any other obligation under this Agreement. In the event of damage to any item of the Property,Lessee will immediately place the same in good repair,with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Property is lost,stolen,destroyed or damaged beyond repair,Lessee at the option of Lessee will either(a)replace the same with like property in good repair or(b) on the next Lease Payment Date,pay Lessor(i)all amounts then owed by Lessee to Lessor under this Agreement,including the Lease Payment due on such date, and(ii)an amount equal to the applicable Option to Purchase Value set forth in Exhibit B. 10. Insurance. Lessee shall either be self-insured with regard to the Property or shall purchase and maintain insurance with regard to the Property. Lessee shall indicate on each Certificate of Acceptance executed in relation to this Agreement its election to be self-insured or company insured with regard to the Property listed on that Certificate of Acceptance. Whether Lessee is self-insured or company insured,Lessee shall,for the term of this Agreement,at its own expense,provide comprehensive liability insurance with respect to the Property,insuring against such risks,and such amounts as are customary for lessees of property of a character similar to the Property. In addition,Lessee shall,for the term of this Agreement,at its own expense,provide casualty insurance with respect to the Property,insuring against customary risks,coverage at all times not less than the amount of the unpaid principal portion of the Lease Payments required to be made pursuant to Section 1 as of the last preceding Payment Date specified in Exhibit B on which a Lease Payment was made. If insurance policies are provided with respect to the Property,all insurance policies shall be with insurers authorized to do business in the State where the Property is located and shall name both Lessor and Lessee as insureds as their respective interest may appear. Insurance proceeds from casualty losses shall be payable solely to the Lessor,subject to the provisions of Section 9. Lessee shall,upon request,deliver to Lessor evidence of the required coverages together with premium receipts,and each insurer shall agree to give Lessor written notice of nonpayment of any premium due and ten(10)days notice prior to cancellation or alteration of any such policy. Lessee shall also carry and require any other person or entity working on,in or about the Property to carry workmen's compensation insurance covering employees on,in or about the Property. In the event Lessee fails,for any reason,to comply with the requirements of this Section,Lessee shall indemnify,save harmless and,at Lessee's sole expense,defend Lessor and its agents,employees,officers and directors and the Property against all risk of lass not covered by insurance. 11. Indemnification. Lessee,to the extent permitted by law,shall indemnify and save harmless Lessor and its agents, employees,officers and directors from and,at Lessee's expense,defend Lessor and its agents,employees,officers and directors against all liability,obligations, losses,damages,penalties,claims,actions,costs and expenses(including but not limited to reasonable attorneys'fees)of whatsoever kind or nature which in any way relate to or arise out of this Agreement or the ownership,rental,possession,operation,condition,sale or return of the Property. All amounts which became due from Lessee under this Section 11 shall be credited with any amounts received by the Lessor from insurance provided by the Lessee and shall be payable by Lessee within thirty(30)days following demand therefor by Lessor and shall survive the termination or expiration of this Agreement. 12. NO Warranty. EXCEPT FOR REPRESENTATIONS,WARRANTIES,AND SERVICE AGREEMENTS RELATING TO THE PROPERTY MADE OR ENTERED INTO BY THE MANUFACTURERS OR SUPPLIERS OF THE PROPERTY,ALL OF WHICH ARE HEREBY ASSIGNED TO LESSEE,LESSOR HAS MADE AND MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,AND ASSUMES NO OBLIGATION WiTH RESPECT TO THE TITLE,MERCHANTABILITY,CONDITION,QUALITY OR FITNESS OF THE PROPERTY DESCRIBED IN EXHIBIT A FOR ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO SPECIFICATIONS OR PURCHASE ORDER,ITS DESIGN,DELIVERY, INSTALLATION OR OPERATION. All such risks shall be borne by Lessee without in any way excusing Lessee from its obligations under this Agreement,and Lessor shall not be liable to Lessee for any damages on account of such risks. All claims or actions on any warranty so assigned shall be made or prosecuted by Lessee,at its sole expense,upon prior written notice to Lessor. Lessor may,but shall have no obligation whatsoever to,participate in such claim or action on such warranty,at Lessor's expense. Any recovery under such a warranty shall be made payable jointly to Lessee and Lessor. 13. Option to Purchase. Provided Lessee has complied with the terms and conditions of this Agreement,Lessee shall have the option to purchase not less than all of the Property which is then subject to this Agreement,"as is"at the payment date,for the Option to Purchase Values set forth in Exhibit B by giving written notice to Lessor not less than sixty(60)days prior to the date specified in Exhibit B for the exercise of such option;provided that upon Lessee's timely payment of all Lease Payments specified in Exhibit B,Lessee shall be deemed to have properly exercised its option to purchase the Property and shall be deemed to have acquired all of Lessor's right,title and interest in and to the Property,free of any lien,encumbrance or security interest except such liens,encumbrances or security interest as may be created,or permitted and not discharged,by Lessee but without other warranties. Payment of the applicable Option to Purchase Value shall occur on the applicable Lease Payment Date specified in Exhibit B hereto,at which time Lessor shall,unless not required hereunder,deliver to Lessee a quitclaim bill of sale transferring Lessor's interest in the Property to Lessee free from any lien,encumbrance or security interest eaeept such as may be created,or permitted and not discharged,by Lessee but without other warranties. Upon Lessee's actual or constructive payment of the Option to Purchase Value and Lessor's actual or constructive delivery of a quitclaim bill of sale covering the Property,this Agreement shall terminate except as to nhligations or liabilities accruing hereunder prior to such termination. 14. Default and Lessor's Remedies. (a) The occurrence of one or more of the following events shall constitute an Event of Default,whether occurring voluntarily or involuntarily,by operation of law or pursuant to any order of any court or governmental agency: (I) Lessee fails to make any payment hereunder when due or within ten(10)days thereafter; (2) Lessee fails to comply with any other covenant,condition or agreement of Lessee hereunder for a period of the(10)ten days after notice thereof: (3) Any representation or warranty made by Lessee hereunder shall be untrue in any material respect as of the date made, (4) Lessee makes,permits or suffers any unauthorized assignment,transfer or other disposition of this Agreement or any interest herein,or any part of the Property or any interest therein;or (5) Lessee becomes insolvent;or admits in writing its inability to pay its debts as they mature;or applies for,consents to or acquiesces in the appointment of a trustee,receiver or custodian for the Lessee or a substantial part of its property;or,in the absence of such application,consent or acquiescence,a trustee,receiver or custodian is appointed for Lessee or a substantial part of its property and is not discharged within sixty(60)days;or any bankruptcy,reorganization, debt arrangement,moratorium,or any proceeding under any bankruptcy or insolvency law,or any dissolution or liquidation proceeding is instituted by or against Lessee and,if instituted against Lessee,is consented to or acquiesced in by Lessee or is not dismissed within sixty(60)days. (b) Upon the occurrence of any Event of Default specified herein,Lessor may at its sole discretion exercise any or all of the following remedies: (1) Enforce this Agreement by appropriate action to collect amounts due or to become due hereunder,by acceleration or otherwise,or to cause Lessee to perform its other obligations hereunder in which event Lessee shall be liable for all costa and expenses incurred by Lessor, (2) Take possession of the Property,without demand or notice and without court order or any process of law,and remove and relet the same for Lessee's account,in which event Lessee waives any and all damages resulting therefrom and shall be liable for all costs and expenses incurred by Lessor in connection therewith and the difference,if any,between the amounts to be paid pursuant to Section 1 hereof and the amounts received and to be received by Lessor in connection with any such reletting; MUNICIPAL LEASE-PURCHASE AGREEMENT PAGE 2 (3) Terminate this Agreement and repossess the Property,in which event Lessee shall be liable for any amounts payable hereunder through the date of such termination and all costs and expenses incurred by Lessor in connection herewith; (4) Sell the Property or any portion thereof for Lessor's account at public or private sale,for cash or credit,without demand on or notice to Lessee of Lessor's intention to do so,or relet the Property for a term and a rental which may be equal to,greater than or lam than the rental and term provided herein. if the proceeds from any such sale or rental payments received under a new agreement made for the periods prior to the expiration of this Agreement are less than the awn of(I)the costs of such repossession,sale,relocation,storage,reconditioning,reletting and reinstallation (including but not limited to reasonable attorneys'fees),(ii)the unpaid principal balance derived from Exhibit B as of the last preceding Lease Payment Date specified In Exhibit R,and(Ili)any past due amounts hereunder(plus interest on such unpaid principal balance at the rite specified in Section 19 hereof,prorated to the date of such sale),all of which shall be paid to Lessor,Lessor shall retain all such proceeds and Lessee shall remain liable for any deficiency or (5) Pursue and exercise any other remedy available at law or in equity,in which event Lessee shall be liable for any and all costs and expenses incurred by Lessor in connection therewith. "Costs and expenses",as that term is used in this Section 14,shall mean,to the extent allowed by law: (i)reasonable attorneys'fees if this Agreement is referred for collection to an attorney not a salaried employee of Lessor or the holder of this Agreement;(ii) court costs and disbursements including such costs in the event of any action necessary to secure possession of the Propc,ty;and(iii)actual and reasonable out-of- pocket expenses incurred in connection with any repossession or foreclosure,including costs of storing,reconditioning and reselling the Property,subject to the standards of good faith and commercial reasonableness set by the applicable Uniform Commercial Code. Lessee waives all rights under all exemption laws. (6) Under no circumstance shall Lessee be liable under this subsection 14(b)for any amount in excess of the sum appropriated pursuant to Section 2 hereof for the previous and current fiscal years,less all amounts previously due and paid during such previous and current fiscal years from amounts so appropriated. 15. Termination. Unless Lessee has properly exercised its option to purchase pursuant to Section 13 hereof,Lessee shall,upon the expiration of the term of this Agreement or any earlier termination hereof pursuant to the teens of this Agreement,deliver the Property to Lessor unencumbered and in at least as good condition and repair as when delivered to Lessee,ordinary wear and tear resulting from proper use alone excepted,by loading the Property, at Lessee's sole expense,on such carrier,or delivering the Property to such location,as Lessor shall provide or designate at or within■ reasonable distance from the general location of the Property. If Lessee fails to deliver the Property to Lessor,as provided in this Section 15,on or before the date of termination of this Agreement,Lessee shall pay to Lessor upon demand,for the hold-over period,a portion of the total payment for the applicable period as set forth in Exhibit B prorated from the date of termination of this Agreement to the date Lessee either redelivers the Property to Lessor or Lessor repossesses the Property. 16. Assignment. Without Lessor's prior written consent,Lessee will not either:(i)assign,transfer,pledge,hypothecate,grant any security interest in or otherwise dispose of this Agreement or the Property or any interest in this Agreement or the Property;or(ii)sublet or lend the Property or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights,title and interest in and to this Agreement,the Property and any other documents executed with respect to this Agreement and/or grant or assign a security interest in this Agreement and the Property,in whole or in part. Any such assignees shall have all of the rights of Lessor under this Agreement. Subject to the foregoing,this Agreement inures to the benefit of and is binding upon the heirs,executors,administrators,successors and assigns of the pasties hereto. No assignment or reassignment of any of Lessor's rights,title or interest in this Agreement or the Property shall be effective with regard to Lessee unless and until Lessee shall have received a copy or the document by which the assignment or reassignment is made,disclosing the name and address of such assignee. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge receipt of such assignments in writing if so required. During the term of this Agreement,Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with the United States Internal Revenue Code of 1986,Section 149(a),and the regulations,proposed or existing,from time to time promulgated thereunder. 17. Personal Property. The Property is and shall at all times be and remain personal property. 18. Title. Upon acceptance of the Property by Lessee hereunder,Lessee shall have title to the Property during the term of this Agreement;however,in the event of(i)an Event of Default hereunder and for so long as such Event of Default is continuing or(ti)termination of this Agreement pursuant to the provisions of Section 2 hereof,title shall be revested immediately in and shall revert to Lessor free of any sight,title or interest of Lessee unless Lessor elects otherwise. 19. Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or perform or comply with any of its covenants or obligations hereunder,Lessor may,but shall not be required to,make such payment or perform or comply with such covenants and obligations on behalf of Lessee,and the amount of any such payment and the expenses(including but not limited to reasonable attorneys'fees)incurred by Lessor in performing or complying with such covenants and obligations,as the case may be,together with interest thereon at the highest lawful rate,shall be payable by Lessee upon danand. 20. Interest on Default. If Lessee fails to pay any Lease Payment specified in Section 1 hereof within ten(10)days after the due date thereof,Lessee shall pay to Lessor interest on such delinquent payment from the due date until paid at the highest lawful rate. 21. Notices. Any notices to be given or to be served upon any party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail,and shall be deemed to have been given and received forty-eight(48)hours after a registered or certified letter containing such notice,postage prepaid,is deposited in the United States mail,and if given otherwise shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notice shall be given to the parties at their respective addresses designated on the signature page of this Agreement or at such other address as either party may hereafter designate. 22. Security Interest. As security for Lessee's covenants and obligations hereunder,Lessee hereby grants to Lessor,and its successors,a security interest in the Property,all accessions thereto and proceeds therefrom,and,in addition to Lessor's rights hereunder,all of the rights and benefits of a secured party under the Uniform Commercial Code as in effect from time to time hereafter in the State in which the Prvp...ty is located or any other State which may have jurisdiction over the Property.Lessee agrees to execute,acknowledge and deliver to Lessor in recordable form upon request financing statements or any other instruments with respect to the Property or this Agreement considered necessary or desirable by Lessor to perfect and continue the security interest granted herein in accordance with the laws of the applicable jurisdiction. 23. Tax Exemption. Lessee certifies that it does reasonably anticipate that not more than$10,000,000 of"qualified tax- exempt obligations"(as that term is defined in Section 265(b)3(D)of the internal Revenue Code of 1986(the"Code")will be issued by it and any subordinate entities during 1992. Further,Lessee designates this issue as comprising a portion of the$10 million in aggregate issues to be designated as"qualified tax exempt obligations"eligible for the exception contained in Section 265(b)3(D)of the Code allowing for an exception to the general rule of the Code which provides fora total disallowance of a deduction for interest expense allocable to the carrying of tax exempt obligations. MUNICIPAL LEASE-PURCHASE AGREEMENT PAGE 3 24. Miscellaneous. (a) Lessee shall,whenever requested,advise lessor of the exact location and condition of the Property and shall give the Lessor immediate notice of any attachment or other judicial process affecting the Property,and indemnify and save Lessor harmless from any loss or damage caused thereby. Lessor may,for the purpose of inspection,at all reasonable times enter upon any job,building or place where the Property and the books and records of the Lessee with respect thereto are located. °"'^ (b) Lessee will take no action that would cause the interest portion of the Lease Payments to become includible in gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986(the"Code")and Treasury Regulations promulgated thereunder(the "Regulations"),and Lessee will take and will cause its officers,employees and agents to take all affirmative actions legally within its power necessary to ensure that the interest portion of the Lease Payments does not become includible in gross income of the recipient for federal income tax purposes under the Code and Regulations. ""°' (c) Lessee agrees to equitably adjust the payments payable under this Agreement if there is a determination for any reason that the interest payable pursuant to this Agreement(as incorporated within the schedule of payments)is not excludable from income in accordance with the Internal Revenue Code of 1986,as amended,such as to make Lessor and its assigns whole. (d) Time is of the essence. No covenant or obligations hereunder to be performed by Lessee may be waived except by the written consent of Lessor,and a waiver of any such covenant or obligation or a forbearance to invoke any remedy on any occasion shall not constitute or be treated as a waiver of such covenant or obligation as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to the Lessee's cure of the condition giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative. (e) This Agreement shall be construed In accordance with. and governed by. the laws of the State In which the Property Is located, (f) This Agreement constitutes the entire agreement between the parties and shall not be modified,waived,discharged, ..— terminated,amended,altered or changed in any respect except by a written document signed by both Lessor and Lessee. (g) Any term or provision of this Agreement found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceahility without,to the extent resannably possible,invalidating the remainder of this Agreement. (h) The Losses hereunder shall have the right at any time or times,by notice to Lessee,to designate or appoint any person or entity to act as agent or trustee for Lessor for any purposes hereunder. "'"' (i) All transportation charges shall be borne by Lessee. Lessee will immediately notify Lesser of any change occurring in or to the Property,of a change in Lessee's address,or in any fact or circumstance warranted or represented by Lessee to Lessor,or if any Event of Default occurs. (j) Use of the neuter gender herein is for purposes of convenience only and shall be deemed to mean and include the masculine or feminine gender whenever and wherever appropriate. (k) The caption set forth herein are for convenience of reference only and shall not define or limit any of the tams or '""° r "4T"hereof. (I) Except as otherwise provided herein,this Agreement shall be binding upon and inure to the benefit of the Parties hereto and :kit respective heirs,executors,administrators,legal representatives,successors and assigns,where permitted by this Agreement. iN WITNESS WHEREOF,the parties have executed this Agreement as of the twenty-fifth day of August,1992. IFSSOR: AFFILIATED CORPORATE SERVICES,iNC LESSEE: CTTY OF WYLIE ,� 3030 LBJ Freeway,Suite 810 2000 highway 78 North Dallas,Texas 75234 Wylie,Texas 75098 RY: BY: t Steven P.Norwood,City Manager ,,,„.., ATTEST: ATTEST: ` BradyHrady E.Snellgrove,Finance Director ` I. I. r. IL ii. MUNICIPAL LEASE-PURCHASE AGREEMENT PAGE 4 1 EXHIBIT A CITY OF WYLI$ LESSEE DESCRIPTION OF PROPERTY QUANTITY DESCRIPTION HARDWARE 1 IBM RS8000/320 with 400 MB Disk Drive 16 MB Memory 1 64 Port Controller 2 18—Port Async Concentrator 1 System Console 1 1.18 GB Disk Drive 1 525 MB Tape Drive 1 3—Bay Cabinet 1 TCS External Modem 2 Epson Printer 6 Video Display Terminal 2 Validation Printer 2 Handheld Computer with Interface 6 Backup 1/4"525 MB Data Cartridge 3 DFX8000 Printer Ribbons SOFTWARE 16 General Ledger/Budgetary 16 Purchase Orders 16 Accounts Payable 16 Utility Billing 16 Payroll 16 Route Management 16 Integrated Tax Collections 16 Integrated Utility Collections 16 Municipal Court 16 Tax Billing/Collection 16 Fixed Assets 1 Terminal Emulation 16 AIX Operating System 16 COBOL Runtime 16 IQ ReportWriter PROPERTY LOCATION City of Wylie 2000 Highway 78 North Wylie,Texas 75098 tt•tt•111111, hr. Orr fig WOO Principal= $77,360.00 Compound Per/yr= 12 Payment= $1,554.70 Number of Pmts/yr= 12 Interest = 7.625% Total Numb of Pmts = 60 OPTION TO PURCHASE VALUE is the amount due after payment of the PAYMENT AMOUNT Pint Payment Payment Principal Interest Principal Principal Interest Option to • Due Date Amount Payment Payment Remaining Paid to Date Paid to Date Purchase Value 1 1-Oct-92 $1,554.70 $1,063.14 $491.56 $76,296.86 $1,063.14 $491.56 $79,265.12 2 1-Nov-92 $1,554.70 $1,069.90 $484.80 $75,226.96 $2,133.04 $976.36 $78,106.74 3 1-Dec-92 $1,554.70 $1,076.70 $478.00 $74,150.27 $3,209.73 $1,454.37 $76,942.58 4 1-Jan-93 $1,554.70 $1,083.54 $471.16 $73,066.73 $4,293.27 $1,925.53 $75,772.59 5 1-Feb-93 $1,554.70 $1,090.42 $464.28 $71,976.31 $5,383.69 $2,389.81 $74,596.75 6 1-Mar-93 $1,554.70 $1,097.35 $457.35 $70,878.96 $6,481.04 $2,847.16 $73,415.04 7 1-Apr-93 $1,554.70 $1,104.32 $450.38 $69,774.63 $7,585.37 $3,297.53 $72,227.41 ' 8 1-May-93 $1,554.70 $1,111.34 $443.36 $68,663.29 $8,696.71 $3,740.89 $71,033.85 9 1-Jun-93 $1,554.70 $1,118.40 $436.30 $67,544.89 $9,815.11 $4,177.19 $69,834.32 10 1-Jul-93 $1,554.70 $1,125.51 $429.19 $66,419.38 $10,940.62 $4,606.38 $68,628.79 11 1-Aug-93 $1,554.70 $1,132.66 $422.04 $65,286.72 $12,073.28 $5,028.42 $67,417.23 a 12 1-Sep-93 $1,554.70 $1,139.86 $414.84 $64,146.87 $13,213.13 $5,443.27 $66,199.62 13 1-Oct-93 $1,554.70 $1,147.10 $407.60 $62,999.76 $14,360.24 $5,850.86 $64,975.92 14 1-Nov-93 $1,554.70 $1,154.39 $400.31 $61,845.38 $15,514.62 $6,251.18 $63,746.10 15 1-Dec-93 $1,554.70 $1,161.72 $392.98 $60,683.65 $16,676.35 $6,644.15 $62,510.13 16 1-Jan-94 $1,554.70 $1,169.11 $385.59 $59,514.55 $17,845.45 $7,029.75 ,$61,267.98 17 1-Feb-94 $1,554.70 $1,176.53 $378.17 $58,338.01 $19,021.99 $7,407.91 $60,019.62 18 1-Mar-94 $1,554.70 $1,184.01 $370.69 $57,154.00 $20,206.00 $7,778.60 $58,765.02 19 1-Apr-94 $1,554.70 $1,191.53 $363.17 $55,962.47 $21,397.53 $8,141.77 $57,504.14 20 1-May-94 $1,554.70 $1,199.11 $355.59 $54,763.36 $22,596.64 $8,497.36 $56,236.96 21 1-Jun-94 $1,554.70 $1,206.72 $347.98 $53,556.64 _ $23,803.36 $8,845.34 $54,963.45 22 1-Jul-94 $1,554.70 $1,214.39 $340.31 $52,342.24 $25,017.76 $9,185.64 $53,683.57 23 1-Aug-94 $1,554.70 $1,222.11 $332.59 $51,120.14 $26,239.86 $9,518.24 $52,397.28 24 1-Sep-94 $1,554.70 $1,229.87 $324.83 $49,890.26 $27,469.74 $9,843.06 $51,104.57 25 1-Oct-94 $1,554.70 $1,237.69 $317.01 $48,652.57 $28,707.43 $10,160.07 $49,805.39 26 1-Nov-94 $1,554.70 $1,245.55 $309.15 $47,407.02 $29,952.98 $10,469.22 $48,499.72 27 1-Dec-94 $1,554.70 $1,253.47 $301.23 $46,153.55 $31,206.45 $10,770.45 $47,187.52 28 1-Jan-95 $1,554.70 $1,261.43 $293.27 $44,892.12 $32,467.88 $11,063.72 $45,868.76 Page 1 cm n 29 1-Feb-95 $1,554.70 $1,269.45 $285.25 $43,622.67 $33,737.33 $11,348.97 $44,543.40 30 1-Mar-95 $1,554.70 $1,277.51 $277.19 $42,345.16 $35,014.84 $11,626.16 $43,211.42 31 1-Apr-95 $1,554.70 $1,285.63 $269.07 $41,059.53 $36,300.47 $11,895.23 $41,872.77 32 1-May-95 $1,554.70 $1,293.80 $260.90 $39,765.72 $37,594.28 $12,156.12 $40,527.44 33 1-Jun-95 $1,554.70 $1,302.02 $252.68 $38,463.70 $38,896.30 $12,408.80 $39,175.37 34 1-Jul-95 $1,554.70 $1,310.30 $244.40 $37,153.41 $40,206.59 $12,653.21 $37,816.55 35 1-Aug-95 $1,554.70 $1,318.62 $236.08 $35,834.79 $41,525.21 $12,889.29 $36,450.93 36 1-Sep-95 $1,554.70 $1,327.00 $227.70 $34,507.79 $42,852.21 $13,116.99 $35,078.49 37 1-Oct-95 $1,554.70 $1,335.43 $219.27 $33,172.35 $44,187.65 $13,336.25 $33,699.18 38 1-Nov-95 $1,554.70 $1,343.92 $210.78 $31,828.44 $45,531.56 $13,547.04 $32,312.98 39 1-Dec-95 $1,554.70 $1,352.46 $202.24 $30,475.98 $46,884.02 $13,749.28 $30,919.84 40 1-Jan-96 $1,554.70 $1,361.05 $193.65 $29,114.93 $48,245.07 $13,942.93 $29,519.74 41 1-Feb-96 $1,554.70 $1,369.70 $185.00 $27,745.23 $49,614.77 $14,127.93 $28,112.64 42 1-Mar-96 $1,554.70 $1,378.40 $176.30 $26,366.83 $50,993.17 $14,304.23 $26,698.50 43 1-Apr-96 $1,554.70 $1,387.16 $167.54 $24,979.67 $52,380.33 $14,471.77 $25,277.30 44 1-May-96 $1,554.70 $1,395.98 $158.72 $23,583.69 $53,776.31 $14,630.49 $23,848.98. 45 1-Jun-96 $1,554.70 $1,404.85 $149.85 $22,178.85 $55,181.15 $14,780.35 $22,413.53 46 1-Jul-96 $1,554.70 $1,413.77 $140.93 $20,765.08 $56,594.92 $14,921.28 $20,970.89 47 1-Aug-96 $1,554.70 $1,422.76 $131.94 $19,342.32 $58,017.68 $15,053.22 $19,521.05 48 1-Sep-96 $1,554.70 $1,431.80 $122.90 $17,910.52 $59,449.48 $15,176.12 $18,063.95 49 1-Oct-96 $1,554.70 $1,440.89 $113.81 $16,469.63 $60,890.37 $15,289.93 $16,599.57 50 1-Nov-96 $1,554.70 $1,450.05 $104.65 $15,019.58 $62,340.42 $15,394.58 $15,127.87 51 1-Dec-96 $1,554.70 $1,459.26 $95.44 $13,560.32 $63,799.68 $15,490.02 $13,648.81 52 1-Jan-97 $1,554.70 $1,468.54 $86.16 $12,091.78 $65,268.22 $15,576.18 $12,162.36 53 1-Feb-97 $1,554.70 $1,477.87 $76.83 $10,613.92 $66,746.08 $15,653.02 $10,668.47 54 1-Mar-97 $1,554.70 $1,487.26 $67.44 $9,126.66 $68,233.34 $15,720.46 '-, $9,167.11 55 1-Apr-97 $1,554.70 $1,496.71 $57.99 $7,629.95 $69,730.05 $15,778.45 $7,658.25 56 1-May-97 $1,554.70 $1,506.22 $48.48 $6,123.73 $71,236.27 $15,826.93 $6,141.84 57 1-Jun-97 $1,554.70 $1,515.79 $38.91 $4,607.94 $72,752.06 $15,865.84 $4,617.85 58 1-Jul-97 $1,554.70 $1,525.42 $29.28 $3,082.52 $74,277.48 $15,895.12 $3,086.23 59 1-Aug-97 $1,554.70 $1,535.11 $19.59 $1,547.41 $75,812.59 $15,914.71 $1,546.97 60 1-Sep-97 $1,554.70 $1,544.87 $9.83 $2.54 $77,357.46 $15,924.54 $1.00 Steven P.Norwood,City Manager City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Steve Deiter -`J. DIRECTOR: City Attorney DATE REFERENCE NO. SUBJECT 08/18/92 10 Oakridge Subdivision - Railroad Utility Boring - SUMMARY OF SUBJECT: Rick Herzberger required Dwight Scott to acquire a boring permit from DART as a condition to approval of the final plat for 0akridge Subdivision. The boring was necessary to get utilities into the area. DART has prepared an agreement (see attached copy) authorizing the boring. The proposed resolution approved the agreement and authorizes the City Manager to sign the same for the City. ALTERNATIVES: A) Pass Resolution as presented B) Decline to ,Pass Resolution ACTION REQUESTED: The Resolution is submitted with a request for passage as the license agreement is necessary for proper development of Oakridge Subdivision. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: ` USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. X ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS X OTHER (Agreement) MINUTES LEGAL REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE X DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF X CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE CITY MANAGER AND CITY SECRETARY TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE PLATTING AND DEVELOPMENT OF OAKRIDGE SUBDIVISION IN THE CITY OF WYLIE, TEXAS. WHEREAS, developers of certain tracts of land in the City, to be known as Oakridge Subdivision have sought and received preliminary plat approval for their prospective development; and WHEREAS, the City has, through its planning and engineering department, made approval of the final plat conditional on meeting certain requirements which include, among other things, presentation of easement documents, dedication of right-of-way, and related matters; and WHEREAS, one of the aforesaid requirements was to obtain a License agreement from Dallas Area Rapid Transit (DART) for utility boring under the existing rail- road tracks which said agreement has been drafted and presented to the City for signature and approval at this time; NOW, 'THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, AS FOLLOWS: Section 1 That the City Manager Steven P. Norwood be and he hereby is authorized to execute, on behalf of the City that certain License agreement between the City and Dallas Area Rapid Transit, a copy of the same being attached hereto as Exhibit 1 and incorporated herein by reference. Section 2 That the City Manager be further authorized to execute any and all other documents necessary and incident to the carrying out Of the aforesaid license agreement. Section 3 That the City Manager is further authorized to execute, on behalf of the City such other easement, acceptance, and other agreements as may be reasonably required by the City, the developers, their agents, necessary and incident to the development of the Oakridge Subdivision. PASSED AND APPROVED by the governing body of the City of Wylie this 25th day of August, 1992. APPROVED: By John W. Akin, Mayor ATTEST: City Secretary City of Wylie • AGENDA COMMUNICATION SUBMITTED BY: Legal Department a!RECTOR: Steven P. De;ter \, DATE REFERENCE NO. SUBJECT 08/20/92 11 Resolution Authorizing Application for TCDP Grant SUMMARY OF SUBJECT: The staff, in conjunction with Mr. Lawrence (grant administrator) is preparing to make application for a grant from the Texas Community Development Program (TCDP) . The attached Resoltuion authorizes filing of the application and athorizes the City Manager to sign documents incident thereto. ALTERNATIVES: 1) Pass Resolution as presented 2) Decline to pass Resolution and cease pursuit of grant ACTION REQUESTED: • Staff recommends passage of the Resolution as presented. • • • REVENUE SOURCES: EXPENDITURE ACCOUNTS: - BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 • $ - CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. X ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER - MINUTES LEGAL • REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE X DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF x CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF . - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS , PPROVED FOR SUBMISSION TO CITY COUNCIL t 25..agz CITY MANAGER RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR GRANT ASSISTANCE UNDER THE 1992 TEXAS COMMUNITY DEVELOPMENT PROGRAM (TCDP) , AUTHORIZING A LOCAL MATCH, AND DESIGNATING THE CITY MANGER TO ACT AS THE CITY'S REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Wylie desires to develop a viable community, including decent housing, a suitable living environment and expanding economic opportunities, principally for persons of low to moderate income; and, WHEREAS, certain conditions exist in the city which represent a threat to the public health, safety, or welfare; and, WHEREAS, funds are available through the 1992 Texas Community Development Program (TCDP) to alleviate such conditions and to meet community development objectives; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AS FOLLOWS: Section 1 That a 1992 Texas Community Development Program (TCDP) grant application is hereby authorized to be filed with the Texas Department of Housing and Community Affairs (TDHCA) in the amount of $ under the Community Development Fund for the following described project: Sanitary sewer system improvements for the City of Wylie Section 2 That the following local resource commitment is hereby authorized to be included as part of the application: The City of Wylie commits to support the project described above with a local contribution of $ , which is a minimum of twenty percent (20%) of the total TCDP grant request. Section 3 That the City Manager is hereby authorized to act as the city's representative in all matters in connection with the application and the city's participation in the 1992 Texas Community Development Program and to execute documents in conjunction with the application. RESOLVED this day the of August, 1992. APPROVED: By John W. Akin, Mayor ATTEST: City Secretary NOTICE OF SECOND PUBLIC HEARING Texas Community Development Program The City of Wylie will hold a second public hearing on Tuesday, August 25, 1992, at 6 :00 p. m. at the Wylie First United Methodist Church, 109 W. Jefferson, in regard to the submission of an application to the Texas Department of housing and Community Affairs for a Texas Community Development Program (TCDP) grant. Topics to be discussed will include an application for sewer system improvements for which the City will be seeking $250, 000 in TCDP grant funds, and the amount of funds proposed for activities benefitting low and moderate income persons. The application will be available at the City Engineer' s office, Wylie Municipal Complex, 2000 Highway 78 North during regular business hours. The City encourages citizens to participate in this hearing. Citizens unable to attend this hearing may submit their comments to Mr. Steve Norwood, City Manager, at the Wylie Municipal Complex. It is anticipated that the Wylie City Council will consider a resolution authorizing submission of the TCDP application at its regular meeting of August 25, 1992. The Wylie United Methodist Church and the Wylie Municipal Complex are accessible to the handicapped. Steve Norwood City Manager City of Wylie r- City of Wylie • AGENDA COMMUNICATION SUBMITTED BY: Steve Norwood DIRECTOR: City Manager DATE REFERENCE NO. SUBJECT 08/21/92 12 Resolution to show the City's Committment to Highway 78 SUMMARY OF SUBJECT: This is a resolution to be submitted to the Texas Department of Transportation and to - the Regional Transportation Committee of COG. The intent of the resolution is to show our strong committment to the project. We will state our committment to funds 'and ask the highway department to commit to certain items. ALTERNATIVES: 1) Pass the Resolution as Presented 2) Pass the Resolution with Recommended Changes - 3) Deny to Pass the Resolution ACTION REQUESTED: Staff recommends passage of the Resolution as presented 4 - •tom ` _ REVENUE SOURCES: EXPENDITURE ACCOUNTS: - BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ OVER/UNDER PROJECTIONS BY: PERSONNEL ❑ OPERATIONS 0 ONE-TIME 0 • S CAPITAL ❑ RECURRING O OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: LETTER BACKGROUND MEMO MINUTES C.I.P. X ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER OTHER MAP, PLAN, SKETCH BID TAB/SPECS MINUTES LEGAL • REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF X CITY ATTORNEY _ PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS if APPROVED FOR SUBMISSION TO CITY COUNCIL C MANAGER City of Wylie AGENDA COMMUNICATION SUBMITTED BY: LE K S r � DIRECTOR: kt"O•C ,P DATE REFERENCE NO. SUBJECT 8-19-92 13 Regulation of Traffic on New Portion of Pirate D' SUMMARY OF SUBJECT: The newly constructed portion of Pirate Drive will have a speed limit of 30 MPH unless otherwise designated by the Council. The staff has suggest- ed that the speed be reduced to 20 MPH. The public works department has also suggested that heavy truck traffic be prohibited on the new portion of the street . The final recommendation was for erection of stop signs at either end of the new portion. ALTERNATIVES: 1 . Pass Ordinance accomplishing the above suggestions . 2. Pass Ordinance containing such regulations as deemed appropriate by Council 3. Take no action to regulate traffic on new portion of Pirate Drive. ACTION REQUESTED: The recommended action is alternative 1 . establishing the appropriate regulation and signage by passage of the proposed ordinance. REVENUE SOURCES: EXPENDITURE ACCOUNTS: NA NA BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. xXX ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE XXXX DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF x CITY ATTORNEY r. PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY M AGER ORDINANCE NO AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A MAXIMUM LAWFUL PRIMA FACIE SPEED LIMIT OF TWENTY MILES PER HOUR ON A NEWLY CONSTRUCTED PORTION OF PIRATE DRIVE, WITHIN THE CITY; FURTHER PROVIDING FOR THE ERECTION OF STOP SIGNS AT BOTH ENDS OF SUCH NEWLY CONSTRUCTED PORTION; AND FURTHER LIMITING HEAVY VEHICLE TRAFFIC THEREON;PROVIDING FOR THE REPEAL OF OTHER ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City has recently constructed an extension of Pirate Drive, extending it from its current terminus at Hilltop street easterly to connect and intersect with Thomas Street; and, WHEREAS, the City traffic engineer has determined that the prima facie maximum speed limit on the newly constructed portion of said Pirate Drive, being 30 miles per hour, is greater than is safe or reasonable under the conditions found to exist thereat, taking into consideration the width and condition of the street and other circumstances, as well as the usual traffic thereon; and, WHEREAS, said extension was designed and constructed for light intermittent traffic use, as an alternate entrance to Community Park and therefore will not withstand heavy vehicle or high traffic use; and, WHEREAS, due to the factors mentioned in the preceding paragraph it is necessary to limit heavy vehicle upon said roadway to prevent untimely deterioration of the surface thereof;and, WHEREAS, the City traffic engineer has further determined that the intersection of the newly constructed portion of Pirate Drive with Hilltop Street and with Thomas Drive should be designated as stop intersections whereby persons on Pirate Drive would be required to stop before entering onto or crossing over either of said streets; and, WHEREAS, the City Council has determined, in its legislative capacity, that the traffic on the newly constructed portion of Pirate Drive should be regulated and signs posted in accordance with the foregoing; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AS FOLLOWS: 1. A prima facie maximum speed limit of twenty (20) miles per hour for motor vehicles is hereby determined and declared to be reasonable and safe, and such maximum speed limit is hereby fixed as the maximum rate of speed indicated for mother vehicles traveling upon that portion of Pirate Drive between Hilltop Street and Thomas Drive, and no motor vehicle shall be operated along or upon said portion of said Pirate Drive within the City of Wylie in excess of the aforesaid maximum speed of Twenty (20) miles per hour. 2. The intersection of the newly constructed portion of Pirate Drive with the East right-of-way of Hilltop Street is designated as a stop intersection whereby traffic on said portion of said Pirate Drive will be required to stop before entering upon or across Hilltop Street. 3. The intersection of the newly constructed portion of Pirate Drive with Thomas Drive is designated as a stop intersection whereby traffic on said portion of said Pirate Drive will be required to stop before entering upon or across Thomas Drive. 4. Vehicles having a gross weight of more than 10,000 pounds are prohibited from traveling on, over, along or upon said portion of said Pirate Drive. 5. The speed limit, stop intersection, and weight restrictions as herein established shall not be enforceable until signs giving notice of such regulations are posted upon or at the entrances to those portions of the street affected as may be most appropriate in accordance with the Uniform Manual on Traffic Control Devices promulgated by the State Department of Highways and Public Transportation of the State of Texas, and the City Manager or his duly authorized representative is authorized and directed to cause to be erected such appropriate signs. 6. That all other ordinance of the City in conflict with the provisions of this ordinance be, and the same hereby are, repealed, and all other ordinances of the City not in conflict with the provisions hereof shall remain in full force and effect. 7. 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. 8. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction in the Municipal Court of the City of Wylie, Texas, shall be fined in an amount not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. 9. This ordinance shall take effect immediately from arid after its passage and the publication of the caption as the law and the City's charter in such cases provide. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this day of August, 1992. By John W. Akin Mayor Attest: City Secretary Approved as to Form: Steven P. Deiter City Attorney f" City of Wylie AGENDA COMMUNICATION SUBMITTED BY• Bill Nelson DIRECTOR• Community Services DATE REFERENCE NO. SUBJECT 8/18/92 14 Community Park - W.S.A. Storage Bldg/Public Restrooms SUMMARY OF SUBJECT: Parks and Recreation Board's approval of new W.S.A. Storage Bldg./Public Restrooms and changing of Community Park Master Plan to reflect addition of new structure. ALTERNATIVES: City Council to approve Parks and Recreation Board's recommendation of changing Community Park Master Plan to reflect addition of new W.S.A. Storage Bldg./Public Restrooms. ACTION REQUESTED: Staff recommends that City Council approve Parks and Recreation Board's recommendation of changing Community Park Master Plan to reflect addition of new W.S.A. Storage Bldg./ Public Restrooms, p REVENUE SOURCES: EXPENDITURE ACCOUNTS: Parks & Recreation Department (310) Enough funds exist in 310 Department Budget to pay for this amount BUDGETED FISCAL YEAR(s): 1991/92 ESTIMATED EXPENDITURE: $ 2,000.00 (Parts Only) Estimate PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS:_ Project primarily funded by private sources/ volunteers. City responsiblefor 50% of plumbing fixture costs. SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER X DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS I APPROVED FOR SUBMISSION TO CITY COUNCIL �.l I MANAGER City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Finance Dept.- Purchasing Div. DIRECTOR: Brady Snellgrove DATE REFERENCE NO. SUBJECT 1 8/20/92 Birmingham Street Curb and Gutter Bids 15 SUMMARY OF SUBJECT: Bids have been solicited for the construction of approximately 3,000 linear feet of concrete curb and gutter on Birmingham from Highway 78 to Marble Street. A bid tabulation is enclosed. ALTERNATIVES: See enclosure. ACTION REQUESTED: See enclosure. O . O . REVENUE SOURCES: EXPENDITURE ACCOUNTS: Street Department- Various Line Items BUDGETED FISCAL YEAR(s): 1991-92 ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ® ONE-TIME ® • $ CAPITAL 011 RECURRING ❑ OTHER COMMENTS: - USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH X BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER BID TABULATION - BIRMINGHAM CURB AND GUTTER AUG. 21, 1992-2:00 P.M. BIDDER BID BASE BID TOTAL TOTAL SEC. 111141 ITEM 2 1113.43 ITEM 4 BID DAYS COMP. JRJ PAVING YES 44,400.00 19,500.00 650.00 6,500.00 71,050.00 45 BALLARD CONTRACTING YES 24,300.00 7,350.00 800.00 11,:,92.00 43,842.00 25 4 STAFF RECOMMENDATIiON: AWARD BID TO BALLARD CONTRACTING FOR A TOTAL BID AMOUNT OF $43,842.00, !'IITH ALL WORK TO BE COMPLETED WITHIN 25 CALENDAR DAYS.