Loading...
01-10-1995 (City Council) Agenda Packet . Agenda Wylie City Council Wylie Municipal Complex January 10, 1995 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - CONSENT AGENDA 1. Consider Approval of the Minutes of December 13, 1994 2. Consider Approval of a Resolution Naming the Official Publication of the City 3. Consider Approval of an Ordinance Adopting Amended School Zone Regulations 4. Consider Approval of a Resolution Designating Investment Authorities for American National Bank 5. Consider Approval of an Amended Resolution Calling a February 18, 1995 Bond Election ACTION ITEMS 6. Appointment with Tim Hillery to Request Formal Investigation of Complaint and Take Any Necessary Action 7. Discuss and Consider Authorizing Joint Purchase of Air Packs with City of Plano 8. Discuss and Consider Approval of a Lease Purchase Agreement for Purchase of Air Packs 9. Discuss and Consider Approval of a Resolution Amending Guidelines for Administration of Urgent Need Grant 10. Discuss and Consider Approval of a Resolution Authorizing an Investment Agreement with Local Government Investment Co-Op (LOGIC) 11. Discuss and Consider Authorizing a Budget Amendment for the Revision/Re- Codification of the Wylie Code of Ordinances 12. Discuss and Consider Authorizing Payment to Richard Nance for Water Line Installation in Mill Creek Subdivision STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 13. Hold Executive Session Under 551.072 Government Code Regarding Acquisition of Real Property: (a) Property for Economic Development (b) Purchase of Future Park Land and Under 551.074 Government Code to Discuss Personnel Regarding Appointment of Election Judges for February 18th Election. 14. Take Any Necessary Action as a Result of the Executive Sessions ADJOURNMENT , Posted t s th th d y of January, 1995 at 5:00 p.m. W �gm r .13r 1994 MINUTES OF THE WYLIE CITY COUNCIL December 13, 1994 CALL TO ORDER Mayor Jim Swartz called the meeting to order with the following Councilmembers present: John Mondy Cleo Adams, Reta Allen, and Steve Wright. Ortie Messenger was absent and Bobby Jennings arrived later in the meeting. PRESENTATION OF LIEUTENANT BADGE TO RON SIMS, WYLIE FIRE DEPARTMENT Fire Chief Shan English presented Ron Sims with his lieutenant badge and outlined the qualifications for that position. PRESENTATION BY SONS OF THE AMERICAN REVOLUTION Representatives of the East Fork Trinity Chapter of the Sons of the American Revolution presented the Mayor with an award congratulating the City of Wylie on its flag display at the Wylie Municipal Complex and the show of respect for the American flag. CONSENT AGENDA (a) Minutes of November 8 and December 6, 1994 (b) Approval of a Contract with the Texas Municipal League Regarding the Administration of COBRA Insurance (c) Consider Approval of Applications under Urgent Need Grant for Disaster Relief (d) Award of Bids for Rehabilitation Project Under Urgent Need Grant for Disaster Relief (e) Resolution No.94-32 Making Application for an Extension Under the Local Government Records Act of 1989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE CITY SECRETARY TO PETITION THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION FOR EXTENSION OF THE DEADLINE FOR FILING RECORDS CONTROL SCHEDULES AND DECLARING AN EFFECTIVE DATE Council Minutes 12/13/94 Page 1 (f) Resolution No. 94-33 Authorizing Execution of an Addendum to a Contract with Central Ambulance and the Activation of a One Year Contract Extension A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ADDENDUM FOR PROVISION OF ADVANCED LIFE SUPPORT AMBULANCE SERVICE BETWEEN THE CITY OF WYLIE, TEXAS AND CENTRAL AMBULANCE (g) Ordinance No.94-52 Adopting the 1994 Uniform Fire Code AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE CODE OF ORDINANCES CHAPTER 5, FIRE PROTECTION BY ADOPTING THE 1994 EDITION OF THE UNIFORM FIRE CODE, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE (h) Ordinance No. 94-53 Adopting the 1993 Uniform Electric Code AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE, AMENDING SECTIONS 4.01 THROUGH 4.55, INCLUSIVE, REPEALING AL CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE (i) Resolution No. 94-34 Authorizing Submission of a 1994 Home Grant Application to the Texas Department of Housing and Community Affairs A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR ASSISTANCE UNDER THE 1994 TEXAS HOME INVESTMENT PARTNERSHIP PROGRAM (HOME PROGRAM); AUTHORIZING A LOCAL MATCH, AND DESIGNATING THE CITY MANAGER TO ACT AS THE CITY'S REPRESENTATIVE IN AL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS HOME PROGRAM Mayor Swartz read the ordinance captions. Wright made a motion to approve the Consent Agenda. Mondy seconded the motion. The motion was voted on and passed unanimously. Council Minutes 12/13/94 Page 2 PRESENTATION BY SHAN ENGLISH REGARDING WYLIE FIRE ACADEMY Fire Chief Shan English gave a detailed presentation regarding a regional training academy through the North Texas Training Association for firefighters that would be beginning in Wylie in January. PRESENTATION BY ADS ENVIRONMENTAL SERVICES Gary Woods and Terry Payne with ADS Environmental Services reported to Council regarding a sewer system infiltration/inflow analysis completed over the past two months. Council had contracted with ADS to develop a comprehensive sewer system assessment. Woods and Payne presented their findings along with detailed recommendations for each inflow and infiltration problem identified in the study. RECOMMENDATIONS BY CITIZENS' BOND ADVISORY COMMITTEE (CBAC) AND RESOLUTION NO. 94-35 ADOPTING RECOMMENDATIONS Beth Fultz, Chair of the Citizens' Bond Advisory Committee, made the following recommendations to Council: (1) That Council approve a $7 million bond program for 1995 including $4 million for water ad wastewater improvements and $3 million for street improvements (2) That the bond election be held February 18th (3) That branch early voting locations, extended hours, and Saturday voting be providing according to a petition she submitted She stated that members of the Citizens' Bond Advisory Committee had also planned to actively promote and campaign in support of the bond program and outlined some of their campaign ideas. Allen made a motion to approve a resolution adopting the recommendations of the Citizens' Bond Advisory Committee. Wright seconded the motion. The motion was voted on and passed unanimously. A RESOLUTION OF THE CITY OF WYLIE,TEXAS,ADOPTING THE RECOMMENDATIONS OF THE CITIZENS' BOND ADVISORY COMMITTEE REGARDING THE TOTAL VALUE, SPECIFIC PROJECTS,AND COMPOSITION OF PROPOSITIONS FOR THE FEBRUARY 18, 1995 BOND PROGRAM, AND STRATEGIES FOR EDUCATING THE VOTERS REGARDING 1995 BOND PROGRAM Council Minutes 12/13/94 Page 3 RESOLUTION NO. 94-36 CALLING FOR FEBRUARY 18, 1995 BOND ELECTION Wright made a motion to approve a resolution calling for a February 18, 1995 bond election on the following measures: $4 million for water ad wastewater improvements and $3 million for street improvements. Adams seconded the motion. The motion was voted on and passed unanimously. A RESOLUTION ORDERING A BOND ELECTION TO BE HELD IN THE CITY OF WYLIE, TEXAS, ON FEBRUARY 18, 1995; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION PRESENTATION BY KERRY CAROTHERS, REPRESENTING THE PARKS & RECREATION BOARD AND RESOLUTION NO. 94-37 ADOPTING A PROJECT LIST FOR SUBMISSION TO THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION FOR FUNDING AUTHORIZATION Kerry Carothers presented a project list to Council for presentation to the Parks and Recreation Facilities Development Corporation for funding authorization. He noted that the Park Board's priorities for 1995 included developing a master parks and recreation plan and promoting the upgrade of existing parks and recreation facilities. Councilman Bobby Jennings arrived during this segment of the meeting. Wright me a motion to approve a resolution accepting the project list. Mondy seconded the motion. The motion was voted on and passed unanimously. A RESOLUTION OF THE CITY COUNCIL OF WYLIE,TEXAS,ADOPTING A PROJECT LIST OF PARK AND LIBRARY IMMEDIATE NEEDS FOR SUBMISSION TO THE WYLIE PARKS AN RECREATION FACILITIES DEVELOPMENT CORPORATION FOR FUNDING AUTHORIZATION IN FY95 APPOINTMENT WITH DON JERNIGAN REGARDING REQUEST FOR DISANNEXATION Mr. Jernigan requested Council to disannex his property for failure to provide city services. He introduced Thomas K Jernigan, co-owner of the property, and neighboring property owners C.B. Watts and Mr. and Mrs. Waldner who had each signed a petition by Mr. Jernigan for disannexation. They stated that sewer was within 500 feet but cost prohibitive for hooking on and that Marshall Road had been paved and a street light installed by personal funding since the road was a non-dedicated street. City Manager Steve Norwood noted that research at the County had shown that Marshall Road from FM- 544 to the curve of the road was a dedicated street and would be maintained by the City. Council discussed the disannexation petition with City Attorney Richard Abernathy and the cost of boring under FM-544 with City Engineer Greg MacLean. Council considered exchanging right of way for the cost of boring under FM-544 and discussed the Council Minutes 12/13/94 Page 4 differences in obtaining utilities when developing raw land as opposed to building in a developed subdivision. Mondy made a motion to take no action but instruct the City engineer to prepare a cost analysis and instruct the staff to investigate the amount of existing and required right of way. Allen seconded the motion. The motion was voted on and passed unanimously. APPEAL FROM DAVID AND CAROLYN TUTTLE TO DECISION OF THE HOUSING ADVISORY BOARD David Tuttle, 112 Fairmount, explained that his residence had retained storm damage that did not become evident until insurance had settled his claim. He stated that unsettled damage included a warped and weather damaged garage door and vapor locked windows. The Housing Advisory Board had not recommended forwarding his application to the State until all storm victims who suffered major damage had been given an opportunity to apply. Tuttle presented photos to the Council and discussed his insurance policy and the number of vapor-locked windows. Council took no action on this request. PUBLIC HEARING AND REQUEST FROM DAN SCARBOROUGH FOR CHANGE IN ZONING FROM "B-2" TO "SF-2" ON APPROXIMATELY 5 ACRES LOCATED A WEST BROWN AND WINDING OAKS Mayor Swartz opened the public hearing and Dan Scarborough of Shepard Place Homes, presented his application to the City Council to develop ten "SF-2" lots an estimated 275 feet deep fronting Brown Street. Council questioned the developer regarding parking and the provision of circular drives as well as the average structure size. Jennings stated that the property had been designated "B-2" and was inappropriate for anything other than retail uses. As there was no one else wanting to address this issue, the public hearing was closed. Wright made a motion to deny the zone change request. Jennings seconded the motion. The motion was voted on and passed with all in favor except Adams who was opposed. REPLAT REQUEST FROM SHEPARD PLACE HOMES This application was withdrawn following denial of the zone change application. FINAL PLAT FOR PREMIER BUSINESS PARK ADDITION Norwood explained that the Wylie Development Corporation had submitted the final plat for three lots consisting of approximately 51 acres at County Road 297 and Sanden Boulevard for future industrial development. He stated that the final plat as submitted met Council Minutes 12/13/94 Page 5 all development requirements. Mondy made a motion to approve the final plat. Allen seconded the motion. The motion was voted on and passed unanimously. CHANGE ORDER#3 FROM MAX B CONSTRUCTION FOR 1ST STREET WATER MAIN IMPROVEMENTS AND HOLLAND HITCH SEWER LINE Norwood explained that the change order in the amount of $2500 was a credit to the City of Wylie for damage to sidewalks and drive approaches during construction. Jennings made a motion to approve the change order. Mondy seconded the motion. The motion was voted on and passed unanimously. FINAL PAYMENT TO MAX B CONSTRUCTION FOR 1ST STREET WATER MAIN IMPROVEMENTS AND HOLLAND HITCH SEWER LINE Norwood explained that the project had been completed and that payment of the remaining $43,533.73 would begin the one year warranty. City Engineer Greg MacLean explained that a Consent of Surety was still needed from the contractor. Wright made a motion to approve final payment subject to receipt of all required paperwork including the Consent of Surety. Mondy seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS Norwood updated Council on status of sales tax receipts, noted that the City of Wylie's citizen newsletter had one another national award, and discussed the City of Wylie's investment report. Finance Director Brady Snellgrove discussed investment status with TEXTPOOL. CITIZEN PARTICIPATION Tim Hillery, 907 Mardi Gras, made a complaint to Council regarding the resolution of a sexual assault case by the police department in the past year as well as the police department's handing of a motor vehicle accident involving his son. EXECUTIVE SESSION Council adjourned into Executive Session at 10:10 p.m. under 551.072 Government Code regarding acquisition of real property for economic development. Council Minutes 12/13/94 Page 6 APPROVAL OF REQUEST FROM DEVELOPMENT CORPORATION FOR LAND PURCHASE Upon reconvening into regular session at 10:20 p.m., Wright made a motion to approve a request from the Wylie Development Corporation, Inc. for the purchase of property. Mondy seconded the motion. The motion was voted on and passed unanimously. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting adjourned at 10:20 p.m. APPROVED ATTEST Council Minutes 12/13/94 Page 7 • ... ................ ....... .2......... ha� nala�i tillla .19 Qxo[ on [min. Official Pilt �n of hQ f ISSUE The proposed resolution will designate the Wylie News as the official publication of the City for a single calendar year. BACKGROUND Section 52.004 of the Local Government Code requires that the City Council designate by ordinance or resolution a public newspaper to be the official newspaper for the city. The Wylie News and the Dallas Times Herald are the two publications in town that meet the criteria for an official publication as provided by statute. The Dallas Morning News is cost prohibitive. LEGAL CONSIDERATIONS Statute requires this action by Council the first January of every calendar year. STAFF RECOMMENDATION Staff recommends approval of the resolution. ATTACHMENTS (1) Resolution (2) Copy of Statute (3) Letter from Attorney Recommending This Action t Submitt d Approved By ORGANIZATION OF MUNICIPAL GOVERNMENT 2. 1-- § 5 0 3 sons executing the",-- mayor shall sign the ordinances and resolutions that evidence of the adoption of the ordinance and of the lay after the date of the mayor approves. required publication. ed by the municipal-Y (b) If the mayor does not sign an ordinance or (c) An ordinance required to be published by this resolution before the fourth day after the date it is section takes effect when the publication requirement ly to a referendum placed in the secretary's office and does not return the is satisfied unless the ordinance provides otherwise. le state constitution ordinance or resolution under Subsection (c), the ordi- An ordinance that is not required to be published by nance or resolution takes effect as provided by law. this section takes effect when adopted unless the t, § 6(a), eff. Aug. 28, . (c) If the mayor returns an ordinance or resolution ordinance provides otherwise. • to the governing body with a statement of objections (d) If a Type A general-law municipality publishes before the fourth day after the date the ordinance or its ordinances in pamphlet or book form, the publica- OF MUNICIPAL resolution is placed in the secretary's office, the gov- tion in the official newspaper of an ordinance included erning body shall, on the return, reconsider the vote in the pamphlet or book is not required if the ordi- by which the ordinance or resolution was adopted. If nance was published previously in the official newspa- L PROVISIONS a majority of the total number of members of the per. A court shall admit without further proof an GENERAL- governing body, excluding the mayor, approve the ; ordinance of a Type A general-law municipality that is TIES ordinance or resolution on reconsideration and enter published in pamphlet or book form as authorized by the votes in the journal of the governing body's pro- the governing body if the ordinance was published pe A General-Law Mu- ceedings, the ordinance or resolution may take effect. previously in the official newspaper. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Acts 1987,70th Leg.,ch. 149, § 1,eff.Sept. 1, 1987. Amend- ;.elated Conditions for ed by Acts 1989, 71st Leg.. ch. 194, § 1, eff. Aug. 28, 1989. 52.004. Official Newspaper -ed for expansion] (a) As soon as practicable after the beginning of § 52.012. Type B General-Law Municipality each municipal year, the governing body of the munic- (a) Before an ordinance or a bylaw of a Type B v OF ORDINANCES ipality shall contract, as determined by ordinance or general-law municipality may be enforced, the ordi- ipality. resolution,with a public newspaper of the municipality nance or bylaw, or a caption that summarizes the pality. to be the municipality's official newspaper until anoth- purpose of the ordinance or bylaw and the penalty for er newspaper is selected. violating the ordinance or bylaw must be posted in bi The governinghallpublish in the munici three public places in the municipality or published in �I, PROVISIONS body a newspaper that is published in the municipality. If k GENERAL- pality's official newspaper each ordinance, notice, or no newspaper is published in the municipality, the ,ITIES other matter required by law or ordinance to be 1ordinance, bylaw, or summary may be published in a published. newspaper with general circulation in the municipali- e to Type A Gener- Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. ty. :y [Sections 52.005 to 52.010 reserved for expansion] (b) Unless the publication is in a weekly newspaper, 3 a Type A general- B. PUBLICATION the governing body must post or publish the ordi- SUBCHAPTEROF ORDINANCES nance, bylaw, or summary for at least two days. If I. Sept. 1, 1987. the publication is in a weekly newspaper, the govern- ing in bod• shall publish the ordinance, bylaw, or sum- § 52.011. Type A General-Law Municipality y mary in one issue. of the municipality' (a) If a Type A general-law municipality adopts an Acts 1987,70th Leg.,ch. 149,§ 1,elf.Sept.1, 1987. Amend- ity council of the city ordinance that imposes a penalty, fine, or forfeiture, ed by Acts 1989, 71st Leg.. ch. 194, § 2, eff. Aug. 28, 1989. ty)." -'1 the ordinance, or a caption that summarizes the pur- ;hen the ordinance is pose of the ordinance and the penalty for violating the § 52.013. Home-Rule Municipalities ordinance, shall be published in: (a) The governing body of a home-rule municipality f. Sept. 1, 1987. (1) every issue of the official newspaper for two may publish a caption of an adopted ordinance that days: or summarizes the purpose of the ordinance and any and Related Condi- (2) one issue of the newspaper if the official penalty for violating the ordinance in lieu of a require- ,ce to Take Effect newspaper is a weekly paper. ment in the municipality's charter that the text of the 2solution adopted by (b) An affidavit by the printer or publisher of the ordinance be published. tnicipality may take official newspaper verifying the publication shall be (b) If the charter of a home-rule municipality does in must be placed in tiled in the office of the secretary of the municipality. not provide for the method of publication of an ordi- e municipality. The In the courts of this state, the affidavit is prima facie nance, the full text of the ordinance or a caption that 63 Fax:21 -502-0202 Nov 7 '94 15:45 F. 02 Law Offices of ABERNATHY,ROEDER,ROBERTSON&JOPUN J.L.Abernathy A Professional Corporation 214/542-2661 Richard M.Abernathy" 101 East Davis Street Dallas 562-9003 Larry R.Boyd P-O. Box 1210 FAX .loc M.Joplin° McKinney, Texas 75069-1210 214/562-0202 Rick Robertson` Robert FL Roeder' D.Kay Woods `Board Certified-Family Law Board Certified-Civil Trial Law Texas Board of Legal Specialization Team Board of Lentil Specialization 'Qualified Mediator November 7, 1994 Ms. Mary Nichols BY FAX 442-4302 City of Wylie 2000 Hwy. 78 N. P.o. Box 428 Wylie, Texas 75098 RE: Resolution Establishing a Public Newspaper of General Circulation Dear Mary: Enclosed please find a proposed Resolution establishing an official newspaper. Additionally, I want to point out that Section 52.004 of the Local Government Code requires this designation annually, therefore you may want to make note of this requirement and implement whatever procedures necessary to accomplish this annually. Please feel free to contact either me or Richard should you have any questions regarding this matter. Very truly yours, D. Kay Woods DKW/lw enclosure 1:/mbox8/wylie/newspape.ltr .y . ... ..... . ...............::;:: Ord iin o ii School n*/S ` . Zones ISSUE The Wylie Independent School District has changed the attendance time of schools within the city. The school zone times need to be changed to effectively enforce the ordinance and change the traffic control signs to conform with the new attendance times. BACKGROUND School Crossing Zones were established to slow traffic during the times children arrive and leave school property. These times are established through City Ordinance. These ordinances allow for specific school zone speed signs to be posted and for the police to enforce the speed limits in the school zone. A recent change in the attendance time of the schools has created the need to update the ordinances and signs. The changes are as follows : Elementary Schools - School Times 8 :00 A.M. - 3 :00 P.M. Kindergarten 11 : 00 end - 12 : 00 begin Needs : A.M. 7 :15 - 8 :00 11 : 00 - 12 :00 P.M. 3 : 00 - 3 : 30 Middle School - School Zones 8 :05 A.M. - 3 : 05 P.M. Needs: A.M. 7:20 - 8 :05 P.M. 3 :05 - 3 : 35 High School - School Times 8:10 A.M. - 3 :10 A.M. Needs: A.M. 7: 25 - 8 :10 P.M. 3 :10 - 3 : 40 FINANCIAL CONSIDERATIONS Public Works will have to reprint the school times on metal or plastic sign partial to cover the old times and display the new school zone times. We do not have cost estimates at this time. LEGAL CONSIDERATIONS The statute governing school zone speeds is located in the City of Wylie City Ordinances under: Chapter 10 - Traffic Regulations Section 19.02 - Specific Speed Limits Subsection C - School Zones I have submitted a new draft of the ordinance, which if adopted would, conform to the new school attendance times. Thank you for your consideration. Submitted By Approved By a (]::; c) [Du WYLIE INDEPENDENT SCHOOL DISTRICT H. John Fuller. Ed.D. John H. Simmons Superintendent Business Manager October 6, 1994 Mr. Linden Burgess Project Engineer Texas Department of Transportation P. O. Box 3067 Dallas, Texas 75221-3067 Dear Mr. Turk: Following are the revised times that either flashing lights and/or signs are needed at the Wylie Independent School District school zones to accommodate the safe crossing conditions for our children: Elementary Schools - School Times 8:00 a.m. - 3:00 P.M. Needs: A.M. 7:15 - 8i00 11:00 - 12:00 - P.M. 3:00 - 3:30 Birmingham Elementary - 700 W. Brown Street (Light on FM 3412) Hartman Elementary - 510 S. Birmingham (Light on Hwy 78) Akin Elementary - 1100 Springwood (Sign on E. Brown) Middle School - School Times 8:05 a.m. - 3:05 p.m. Needs: A.M. 7:20 - 8:05 P.M. 3:05 - 3:35 Wylie Middle School - 1001 S. Ballard Street (Sign on S. Ballard Street) High School - School Times 8:10 a.m. - 3:10 p.m. Needs: A.M. 7:25 - 8:10 P.M. 3:10 - 3:40 Wylie High School - 516 S. Hilltop (Light on Stone Road - South FM 544) Your help and cooperation in making the necessary adjustments will be greatly appreciated. •urs truly, 111 i'vohn H. Simmons usiness Manager JHS/dh cc: Dave Brungardt, Police Chief, City of Wylie P.O. Box 490 • Wylie. Texas 75098-0490 • (214) 442-5444 • FAX (214) 442-5368 ih) t. ,,N Ork ,f,)°--f-c--Q- (c) School Zones (g) On Stone Road from a point four hundred feet (400') west of the It shall be unlawful for any person to point of its intersection with Allen operate, or drive, any vehicle at a speed Road to a point two hundred fifty greater than the speed designated or posted, feet (250') east of the point of its or to overtake or pass any other vehicle in intersection with Allen Road. any school zone as may be marked or designated within the city during the hours indicated (2) Twenty (20) miles per hour between upon signs erected in such zone, or whenever the hours of 7:20 a.m. to 8:05 a.m. children are present in such zones. and 3:05 p.m. to 3:35 p.m. on school days on the following streets: The following prima facie maximum speed limits hereafter indicated for motor vehicles are (a) On Ballard Street from the hereby determined and declared to be point of its intersection with reasonable and safe, and such maximum speed Pirate Drive to a point three limits are hereby fixed at the rate of speed hundred twenty-five feet (325') indicated for motor vehicles traveling upon south of the point of its the main street or highway, or parts thereof, intersectionwith Birmingham Street. and no motor vehicle shall' be operated along or upon said portions of said named streets or (3) Twenty (20) miles per hour between highway within the corporate limits of the the hours of 7:25 a.m. to 8:10 a.m. City of Wylie in excess of the speeds set and 3:10 p.m. to 3:40 p.m. on school forth as follows: days on the following streets: (1) Twenty (20) miles per hour between (a) On Stone Road from a point two the hours of 7:15 a.m. to 8:00 hundred twenty feet (220') east of a.m. and 11:00 a.m. to 12:00 p.m. the point of its intersection with and 3:00 p.m. to 3:30 .m. on Ballard Street to a point one school days on the following hundred fifty feet (150') east of streets. the point of its intersection with Hilltop Street. (a) On Brown Street from apoint one hundred fifty feet (150' west (b) On Pirate Drive from the point in tersection the point of its intersection of its with Hilltop with Rustic Trail to a point three Street to a point two hundred feet hundred sixty feet (360 ) east of (200') east of the point of its the point of its intersection with intersection with Ballard Street. Westgate Way. (c) On Hilltop Street from the (b) On Birmingham Street from the point of its intersection with oint of its intersection with Pirate Drive to a point two hundred Williams Street to the point of its twenty-five feet (225') south of the intersection with Stone Road. point of its intersection with Stone Road. (c) On Kirby Street from a point two hundred feet (200') east of the (4) Twenty-five (25) miles per hour point of its intersection with between the hours of 7:15 a.m. to Memorial Drive to the point of its 8:00 a.m. and 11:00 a.m. to 12:00 intersectionwith Birmingham Street. p.m. and 3:00 p.m. to 3:30 p.m. on school days on the following (d) On Springwood Lane from the streets: point of its intersection with Lanwood Drive to the point of its (a) On State Highway 78 from the intersection with W.A. Allen point of its intersection with Boulevard. Jackson Street to a point five hundred fifty-five feet (555') south (e) On W.A. Allen Boulevard from a of the point of its intersection point five hundred fifty feet (550') with Birmingham Street. north of the point of its intersection with Springwood Lane to The speed limits contained herein shall not be a point two hundred fiftyfeet effective until signs giving notice of such (250') south of the point of its regulations are posted upon or at the intersection with Springwood Lane. entrances to those portions of the street or highway affected as may be most appropriate in (f) On Brown Street from a point accordance with the Uniform Manual on Traffic four hundred fifty feet (450 ) west Control Devices promulgated by the State of the point of its intersection Department of Highways and Public with W.A. Allen Boulevard to a point Transportation of the State of Texas, and the four hundred eighty-five feet (485') city manager or, his or her dutyauthorized east of the point of its representative is authorized and directed to intersection with W.A. Allen cause to be erected such appropriate signs. Boulevard. (d) Thence continuing along S.H. 78 in or designated within the city during the hours a northerly direction for a distance of indicated upon signs erected in such zone, or T) )i.,\'' 3.417 miles, approximately, said point whenever children are present in such zones. (Station 708+25) being the north city E limits of Wylie, a maximum speed of 55 (Ord.78-17 adopted 5-23-78,Art.V,Sec.2) miles per hour. The following prima facie maximum speed limits (Ord.88-14 adopted 6-28-88) hereafter indicated for motor vehicles are hereby determined and declared to be reasonable and safe, (9) FM 544 and such maximum speed limits are hereby fixed at the rate of speed indicated for motor vehicles (a) FM 544 West to S.H. 78 traveling upon the main street or highway,or parts thereof, and no motor vehicle shall be operated (1) Beginning at said point (Station along or upon said portions of said named streets 330+33) being Wylie west city or highway within the corporate limits of the City limits thence continuing along of Wylie in excess of the speeds set forth as FM 544 in an easterly direction follows: for a distance of 0.905 mile, approximately, a maximum (1) Twenty (20) miles per hour between the speed of 55 miles per hour; hours of 7:30 a.m. to 8:30 a.m. and 3:30 p.m. to 4:00 p.m. on school days on the (2) Thence continuing along FM following streets: 544 in an easterly direction for a distance of 0.462 mile, (a) On Stone Road from a point two approximately, said point hundred twenty feet (220') east of the (Station 402+56) being Wylie point of its intersection with Ballard city limits,a maximum speed of 0,S • Street to point one hundred fifty feet 50 miles per hour, (150) east of the point of its intersection with Hilltop Street. (3) Beginning at said point (Station 468+62 thence continuing along (b) On Pirate Drive from the point of its FM 544 in an easterly direction intersection with Hilltop Street to a point for a distance of 0.254 mile, 1'4-`' - two hundred feet (200') east of the point approximately, said point of its intersection with Ballard Street. (Station 482+07) being at the intersection of S.H. 78, a (c) On Hilltop Street from the point of maximum speed of 40 miles per its intersection with Pirate Drive to a hour. '1 1-) point two hundred twenty-five feet(225') f 1 south of the point of its intersection with (Ord.88-20A adopted 8-9-88) Stone Road. (b) FM 544 South and East of S.H. 78 (�--�Ballard Street from int of-\---- itsts intersect a Drive to a Beginning at said point (Station 5. point three h twen - feet(325') 543+90) being the north intersection M south of point of its intersection with with S.H. 78 in the City of Wylie B• • gham Street. thence continuing along FM 544 in a southerly and easterly direction for a (2) Twenty (20) miles per hour between the distance of 1.000 mile, hours of 7:30 a.m. to 8:30 a.m., 11:00 approximately, a maximum speed of a.m. to 12:30 p.m., and 2:30 p.m. to 30 miles per hour. 4:00 p.m. on school days on the following streets: (Ord.87-20 adopted 3-10-87) On Brown Street from a point (c) School Zones hun fifty feet(150')west a point of its inte 'on with stic Trail to a It shall be unlawful for any person to operate, or point three hundr t feet (360') east drive,any vehicle at a speed greater than the speed of the poin of its in ection with designated or posted, or to overtake or pass any W to Way other vehicle in any school zone as may be marked 10-22 (b) On Birmingham Street from he The speed limits contained herein shall not be J poitreet t of itsthepoint of intersection its ' rsection wit i liamswith effective until signs giving notice of such S regulations are posted upon or at the entrances to C et) Stone Roa . those portions of the street or highway affected as may be most appropriate in accordance with the (c) On Kirbry Street a point two Uniform Manual on Traffic Control Devices hundred/feet(200')east of int of its promulgated by the State Department of Highways interseQn with Memorial Driv o the and Public Transportation of the State of Texas, pgiiii of its intersection with Birmingham and the city manager or his or her duly authorized Street. representative is authorized and directed to cause to be erected such appropriate signs. (3) Twenty (20) miles per hur between the hours of 7:30 a.m. to 8:30 a.m., 11:30 (Ord.9a 1 a o vf; c'-'1.R.A': ��t:: '. a.m. to 12:30 p.m., and 2:30 p.m. to 4:00 p.m. on school days, on the § 19.03 tracing Fi thib,'_ed;' following streets: Any person who shall race or engage in a contest On Springwood Lan on-the point for speed between motor vehicles of any kind upon of its inte ' ` ith Lanwood Drive to any public street or alley within the city shall be theieof its interne ' ith W. A. deemed guilty of a misdemeanor. The fact that the Alen Boulevard. actual speed attained by any vehicle engaged in racing or in contest for speed is less than the prima (b) On W. A. Allen Boulevard._Jrnm-a- facie legal speed limit shall be no defense to a porn hundred fifty-.feet(550) north complaint of racing or engaging in a contest for of the poin .f-its intersection with speed in violation of this section. Springwoocii ane to ' two hundred fifty-feet (250') south of the pot (Ord.78-17 adopted 5-23-78,Art.V,Sec.3) Ktersection with Springwood Lane. (c) On Brown Street from a point four § 19.04 Minimum Limits hundred-6 feet(450) west-6f the point No person shall drive a motor vehicle at such a of its intersec i i itii W. A. Allen slow speed as to impede or block the normal and Boulevard_tc-a point four ndred eighty- reasonable movement of traffic, except when fives�--Tet (485') east of the po nt of its reduced speed is necessary for safe operation or ii tersection with W.A.Allen Boulevard. compliance with law. (d) On Stone Road from a point fot{r (Ord.78-17 adopted 5-23-78,Art.V,Sec.4) unt' -fee 400')west of the point of its intersection wit - -Road to a point § 19.05 Exemptions two hundred--fifty feet ( st of the point 6f its intersection with Allen ad.- The provisions of this section and other ordinarces of the city regulating the speed of vehicles shall (4) Twenty-five(25) miles per hour between not apply to vehicles of the fire department when the hours of 7:30 a.m. to 8:30 a.m., responding to a call, nor to police patrol vehicles, 11:00 a.m. to 12:30 p.m., and 2:30 p.m. physicians' vehicles,or ambulances when actually to 4:00 p.m. on school days on the engaged in responding to emergency calls; following street: provided, however, that this subsection shall not i (a) On State Highway 78 from the point of forty-five (45) miles per hour, or the speed 4-)'------ of its intersection with Jackson Street to a limit,whichever is greater. point five hundred fifty-five feet (555') south of the point of its intersection with (Ord.78-17 adopted 5-23-78,Art.V,Sec.5) Birmingham Street. authorize any ambulance driver to exceed the speed (Ord.90-12 adopted 8-28-90,Sec. 1) `State Law reference—Racing on streets and highways prohibited, V.A.C.S., Art. 6701d, Sec. 185. 10-23 Issue American National Bank (the City's depository institution) requires a corporate resolution formally delegating the management of investments to the appropriate city staff. Background In order to have any investment activity handled through American National Bank, the resolution authorizing such activity must be approved by council resolution. See the attached letter dated December 15, 1994 from Steve Norwood to American National Bank for further background. Staff Recommendation Staff recommends the council adopt a formal resolution designating Brady Snellgrove and Pamela Gidney as investment officers for the City of Wylie. Attachments Letter dated December 15, 1994 to American National Bank Form of resolution as required by American National Bank '411111114.7,- / >44_ izi47, Prepared by Approved by ie CITY OF Wyr. I 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-8100• FAX 442-4302 December 15, 1994 TO: American National Bank, Terrell, Texas FROM: Steve Norwood, City Manager Reference: Delegation of Investment Authority Government Code, Title 10, Chapter 2256, Paragraph 2256.055 (copy attached) states the authority to invest local funds can only be given with the express written approval of the governing body or the chief executive officer. The City's investment policy provides for the Director of Finance to have the authority to delegate any phase of the investment management program to members of the City staff, with City Manager approval.. We respect the bank's request for a corporate resolution for safekeeping of securities. Such resolution requires City Council action and will be placed on the agenda for adoption on Tuesday, January 10, 1995. Brady Sneligrove, Director of Finance, who has been handling the City's cash management and investments since October of 1991 and Pamela Gidney, Chief Accountant are the designated investment officers for the City of Wylie. Respectfully, Steve Norwood, City Manager attachment (1) § 2256.052 A GENERAL t GOVERNMENT CODE .' Ch. 2256 Title 10 Historical and Statutory Notes I Prior Laws: Acts 1989, 71st Leg., ch. 693, § 2. %t'.. Prior Laws: Acts 1979, 66th Leg., p. 2071, ch. 810. ...it Acts 1979, 66 Vernon's Ann.Civ.St. art. 4413(34c), § 2(a). Vernon's Anr § 2256.053. Investment Rate of Return § 2256.051 A state agency, political subdivision, or investment pool shall invest its local funds in investments that: A political authority to (1) yield the highest possible rate of return; funds. (2) protect the principal; and Added by Acts (3) are consistent with the operating requirements of the agency, subdivi- sion, or pool as determined by the governing body. Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. Prior Laws: Acts 1979, 66 Historical and Statutory Notes " Prior Laws: Acts 1989, 71st Leg., ch. 693, § 2. § 2256.05' • Acts 1979, 66th Leg., p. 2071, ch. 810. Vernon's Ann.Civ.St. art. 4413(34c), § 6(a). (a) At leas § 2256.054. Deli } n.O c subdivision s funds investr (a) Each state agency or political subdivision shall designate, by rule, order, (b) The re, ordinance, or resolution, one or more officers or employees of the agency, subdivision, or investment pool to be responsible for the investment of its local (1) desc. funds. on the dat (b) Subsection (a) does not apply if an officer of the agency or subdivision is (2) be p assigned by law the function of investing its local funds. sion; and (c) An officer or employee of a commission created under Chapter 391, Local (3) be s Government Code, is ineligible to be designated as an investment officer under (c) The re Subsection (a). five officer c Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. Added by Act. Historical and Statutory Notes • Prior Laws: Vernon's Ann.Civ.St. art. 4413(34c), §§ 2(b), Prior Laws: Acts 1979, 66th Leg., p. 2071, ch. 810. 3(a). Acts 1989, 71st Leg., ch. 693, §§ 2, 3. Acts 1979, 6t Vernon's Aru § 2256.055. - .e. e-. § 2256.05 1; • A person may not deposit, withdraw, invest, transfer, or manage in any other s'{ manner local funds of a state agency or political subdivision without express Notwithst �... . ti •. a,,,>: if authorizes i •r eff' ;., v: .L�«� •f the agency .�. • u „� on request c or su.•lvtsion. .. Added by Aci Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. 1 310 . trctitint : ... end d:. a lution oilIni ar : 18th.Bond Election ISSUE Attached is a resolution making certain amendments to the resolution calling the February 18th bond election. BACKGROUND At your last meeting, Council approved a resolution calling the bond election. After approval, bond counsel made some additional comments regarding the resolution and has recommended some minor changes to reflect statutes that govern issuance of bonds as well as some additional proposition wording. While our original resolution is sufficient, bond counsel would like more detailed information including the restatement of certain statutory requirements that we will be observing. LEGAL CONSIDERATIONS We have already called the election so an amendatory resolution will not pose any problem on our meeting posting and publication requirements. STAFF RECOMMENDATION Staff recommends approval of the resolution. ATTACHMENTS (1) Amendatory Resolution -`1,047fse,C Submitte B Appro 01/09/95 16:03 ''214 855 8200 F&J L.L.P. Z 001/006 FULORIGHT & JAWORSKI L.L.P. A RCGISTCRCO LIMITED LIABILITY PARTNERSHIP HOUSTON WASHINOiTON. O,C, 2200 Ross AVENUE AUSTIN SUITE 2800 SAN ANTONIO DALLAS TELEPHONE 2r4/855-8000 WALLAS, TEXAS 75201 NEW YORK FACSIMILE: 244/855-8200 LOS ANGELE$ LON DO N ZURICH HONG KONG Date: January 9, 1995 If you ecoerience arty problems with this transmission or have may questions,Please gall (214) 85,E-8097 FACSIMILE COVER SHEET Phone No. in event of To: Name: Facsimile Phone No. Transmission Difficulty (1) Mary Nichols 214/442-4302 214/442-8100 (2) City of Wylie (3) From; Ed H. Esquivel Tel: 214-855-8013 Total Pages Sent: -6- Gookdil_tha coast Mast, RE: City of Wylie Matter No. 942597 Attorney No. 00577 RETURN TRANSMITTED FAX TO: LL (214/855-8387 Remarks/Notes: Attached is the revised amended Resolution to be considered for adoption at tomorrow's City Council meeting. Final Documents for execution will be forthcoming. Should you have any questions, please advise. CONFIDENTIALITY NOTICE: Unless otherwise indicated or obvious from the nature of the transmittal, the information contained in this facsimile message is attorney privileged and confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by telephone and return the original message to Fulbright & Jaworski at the above address via the U.S. Postal Service at our expense. Thank you. n_ l- OFFICE SERVICES ONLY TIME SENT: / /19 SENT BY: Ale- • mummom n ISSUE Tim Hillery has asked for an agenda item where Council can vote on whether or not to require an investigation related to an accident involving Donny Long, his son, and Richard Cartwright. BACKGROUND Council will recall Mr. Hillery as a citizen who has come before you many times regarding this accident. The internal investigation of the events conducted by the police chief was not satisfactory to Mr. Hillery and he now wants Council to require a more formal investigation. LEGAL CONSIDERATIONS Council has no obligation to order an investigation at all, much less conduct one in the manner requested by a complainant. Personnel complaints and department complaints are addressed internally by the City Manager and/or affected department head. Council may, if you choose, contract for some kind of independent investigation but it would be costly and a precedent may be set contrary to our Charter provisions by involving Council in administrative matters and in resolving personnel complaints. STAFF RECOMMENDATION Staff believes that sufficient investigation of this incident has been conducted administratively although not to the satisfaction of Mr. Hillery. Staff does not see cause for initiation of further investigation. An independent investigation is an expense that taxpayers should not incur unless it is critical to the conduct of city business. ATTACHMENTS (1) Memo from Police Chief-January 3, 1995 (2) Judgement from J.P. Court on Civil Case (3) Memo from Police Chief-July 26, 1994 (4) Letter to Mr. Hillery -October 14, 194 (5) Letter from Mr Hillery -October 11, 1994 (6) Letter from Mr. Hillery - January 3, 1995 Submitted By v Approve By yoE Po , ck, WYLIE P•LICE DEPARTMENT P.O.BOX 1062 WYLIE,TEXAS 75098 (214)442-8170 • DEPT. MEMORANDUM To: Steve Norwood, City Manager From: Dave Brungardt, Chief of Police Date: January 3 , 1994 Subject: Hillary Concern over Accident #94-1702 Since Mr. Hillary continues to show concern over the accident were his stepson was involved last summer, I am forwarding information for your review. I have attached a copy of the memorandum I sent you on July 26, 1994, explaining our actions in the accident investigation. This fall, Mr. Cartwright, owner of the other vehicle, sued Mr. Hillary in small claims court for $1,000. The civil hearing by jury was held on December 13, 1994. The jury found the Plaintiff (Mr. Cartwright) should recover judgement of $1,000 and jury fee of $5.00. I have attached a copy of the Civil Jury Judgement for your review. If you have any further questions, please call me. Thank you for your cooperation. CIVIL JURY JUDGMENT CASE NUMBER: CV-94-00059 MORRIS CARTWRIGHT SMALL CLAIMS COURT PLAINTIFF VS PRECINCT TWO DONNY LONG/VIVIAN HILLIARY DEFENDANT COLLIN COUNTY,TEXAS ON THIS THE 13TH DAY OF DECEMBER, 1994, THIS CASE WAS CALLED AND BOTH PARTIES APPEARED AND ANNOUNCED READY FOR TRIAL. MYSELF AND FIVE OTHERS WAS DULY SELECTED, IMPANELED AND SWORN, WHO HAVE HEARD THE EVIDENCE SUBMITTED, RETIRED TO CONSIDER THE VERDICT. AFTERWARDS RETURNED TO THE COURT IN DUE FORM OF THE LAW THE FOLLOWING VERDICT, WHICH WAS RECEIVED BY THE COURT AND IS HERE AND NOW ENTERED UPON THE MINUTES, TO WIT: WE, THE JURY FIND THAT THE PLAINTIFF SHOULD RECOVER JUDGMENT THEREOF IN THE AMOUNT OF rQv[)„ -AND COURT COST AND E. ATTORNEY FEE $5.00 JURY E FURE F THE JURY OCKETED AND GIVEN UNDER MY HAND THIS THE l 3 'I` DAY OF .�-�..�►,.��, 1994 . JUDGE TERRY L. DOUGLAS JUSTICE OF THE PEACE,PCT.2 2000 HWY 78,P0 BOX 1086 WYLIE, TEXAS 75098 . 4' 40 Ef POC/0_ c WYLIE P•LICE DEPARTMENT _z6-,, P.O.BOX 1062 WYLIE,TEXAS 75098 (214)442-8170 DEPT. MEMORANDUM To: Steve Norwood, City Manager From: Dave Brungardt, Chief of Police Date: July 26, 1994 Subject: Case Number 94-1702 This particular accident report has drawn a great amount of attention from the fathers of the drivers of both vehicles. Since the fathers have contacted the city council members with various view points I wanted to relay the facts of the case for your information. On July 14, 1994 Officer Selman and Officer Trainee Stowers responded to the report of an accident at Texaco. Upon arrival • they found both vehicles on the street adjacent to the Texaco lot. After speaking to both drivers, in the rain, they felt that the accident occurred on the Texaco Lot and gave both drivers blue forms (forms used for each driver to document the accident and send to the state) . The officers left and did not record any information for a State of Texas Peace Officers Accident Report. The father of Driver #2, Morris Cartwright called the department and was upset that a State accident report was not filled out. The officers responded to the Cartwright residence to fill out an accident report since it was determined that it occurred on the street and not in the parking lot, and one of the involved parties wanted an accident report. The officers filled out information for Driver #2 Cartwright and received statements from those in Veh. #2. The next evening (Friday) the officers were unable to locate a telephone number for driver #1, Donny Long, so Officer Howell went by Long's address and found no one at home. On Saturday evening the officers went by the Long house on one occasion and found no one at home. Later in the evening around 11:00 P.M. they went to the Long residence and spoke with Donny Long and the passenger of the vehicle who filled out statements about the accident. Officer Stowers advised that Donny Long's mother was sleeping in the bedroom and Sgt. Young and he did not wake her because they did not want to bother her. The officer's filled out the portion of the accident form that related to Donny Long and returned to active patrol. During this time, Morris Cartwright (father of driver # 1) became upset that we did not issue a traffic citation to Donny Long for not having his headlights on during the accident. I explained to Morris Cartwright that the officers make decisions on who they will issue a traffic citation and that should not be swayed or affected by citizens or other opinions. Mr. Cartwright was not happy with the response and contacted you and members of the city council. Because of the attention drawn to the accident case, and our concern that it was filled out properly, I reviewed the report with officer Selman before he turned in the completed accident report. Mr. Hillery (stepfather to Donny Long, Driver #1) called after he received a copy of the report. He met with Officer Selman and Stowers and discussed the accident and recorded the conversation. Still unhappy with the conversation, he called me to discuss the matter. I attempted to call him back on two occasions and received a busy signal on the first attempt and no one answered on the second attempt. The morning of 7-26-94 I was called to Mike Collins, Assistant to the City Manager, Office. Mr. Hillery advised that the report was false, but after several attempts to have him identify what portion of the report was false he advised the entire report and at one point stated the statements were false. Mr. Hillery expressed concern over the report advising it was not professional etc. , etc. After several attempts to explain what I have detailed in this letter, I was unable to make Mr. Hillery understand the chain of events. This accident report is now in the insurance adjustment phase and should be handled by the involved insurance companies. If you have any further questions, or I may provide any additional information please call me. Thank you for your consideration. CITY OF W YLILa'' 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-8100 • FAX 442-4302 October 14, 1994 Mr. Timothy Hillery 907 Mardi Gras Wylie, TX 75098 Dear Mr. Hillery: In response to your open records request submitted on October 11, 1994, to view original accident reports taken by the Wylie Police Department from March 1, 1994 through July 14, 1994, the City of Wylie will make these reports available for your inspection beginning on October 25, 1994. You may view these documents from 9:00 a.m. to 11:00 a.m. each day for up to ten working days. Police Department personnel will be present to retrieve and return the files during your inspection. You are free to take notes or photocopy pages at the standard copy fee. However you will not be allowed to alter the reports in any way, remove them from the premises or access the file drawers. The cassette tapes for the meetings of Council are available in the City Secretary's Office at any time during the day. No appointment is necessary to listen to a tape but you may want to call ahead to reserve the cassette player. Again, you will not be permitted to alter the tapes or remove them. A tape can be copied for you for $5.00 or at no charge if you provide the blank tape. The City of Wylie denies your request for written statements from the officers who investigated the accident you reference for the following reasons: (1) The accident report is itself a written statement of the events as viewed by the officer. (2) The City of Wylie does not require employees to make written justification of their actions to a complainant. Employee complaints are addressed internally by supervising personnel. Regarding your request for an "investigation", the Chief of Police has concluded his investigation of the events related to the taking of the accident report you reference based on a verbal complaint you made shortly following the accident. Neither he or the City Manager, Steve Norwood, finds cause to initiate any further investigation. Sincerely, , I Mary Nichols City Secretary ' W It O g'1 / t 144!A L �7 l�I G r� '�t / ( i 1-7 J ec d< :7 r --r-h , 5 i, ,„ (e , t., efr -r, --5, - i e v 1--- I I 1 7' - a4 n Z o � rQ �c� � I L 4 � ? � G 7 � „, i 1 7--s ( 1-- 4c # C / 7 0 , w w L= i. /S if hot1.-- - ✓ fe,i/- 1 1,1 % -l� / `t f s-e. w e F ✓ O 01‹ /9 ( / 71� ; /;c C 0 i: ,s ( --er-J 1-,_ Vo / (,,. -e ce /4 S- ---r; (A/4 ‘,4-7 A iqy------, -•'" 0/(7 Ge} ft i-9- 7- -ric, .e (7' 1 • , _ (A,/ t, , -r-t,_ er -r-;-9--M-: coe r---,-, , I/ ‘4 i's' (.-i- Z-, k-e_ To Cl/ 4 ifi-f 1.,r/iq s sue- / / - . ----r--I ,-, <4 c , , ,(.2..t_ 7--- „- c- -r----i or, e S y4 i,-. d- Dia fe c . 7.--(; .5- 0-7 4 // C- 1/110/tr C , (--/7":- .erg ,�S � e 4 .� �' o / � q tiff —r-40---1-s- (.,,/ 17 izi ,--L 7 vt &-- e j t-t;e 9 y 14 17 0 cr._ ( S a t.' e' , / �s0 I,- e_ v - s ('0_ .--rit,'e- Fu 11' -i'c--- I ' r e- v i e 'A/ of 1 1 o r ; 4 r r=1 I #4 e c (-, 4, ` e ( o T C o rr O - r ��+ �� r fl � C e s 3 - ) - '7 - 7 - ? 9- (4/e- (4,J/I fso L, fr to L ; c s ot, _ To Tic e-- ,/ l gr,r__ 0 � c , (0 6#/le-f f 0,t / li , 7-H, //i 1 f - / ! . d �p 0•'\ O 1`'(,4 r of r ✓ ►ei 1 14fyyj . e T. 7S0 ? ca h / - (in - 71t6- 1 ( r7-- � el �*~-I ^ ' -----' --- - '--' - -- ' - -- - - - --------'-'-- - - - ` ( ^ . � ^ - ` � \` igg.11 a C:ommunictl # 1 of Jan 1� 1 199 .: ai Purchase k Pa ; !�i •h Ci..::: .:::I rf: art# I ue Council is requested to discuss and consider approval of the purchase of a breathing compressor and self contained breathing apparatus. Background The budget for fiscal 1995 includes the acquisition and lease/purchase financing of a breathing air compressor with cascade system and assorted self contained breathing apparatus (SCBA) for the Fire Department. The budgeted amount was based on an estimated annual payment for a three year lease/purchase. As a member of the Collin County Governmental Purchasers Forum, the City of Wylie is able to purchase the SCBA'S through a City of Plano bid awarded to International Safety Instruments. The I.S.I. equipment meets or exceeds Wylie Fire Department specifications. The WFD requirements for SCBA's and accessories include: 15 - 30 minute capacity SCBA'S, 5 - 60 minute capacity SCBA'S, 15 spare 30 minute cylinders, 5 spare 60 minute cylinders, 60 face masks and 4 radio communication devices. The total cost is $43, 817.40. Since the Plano bid did not include a compressor, competitive price quotes were solicited for the required air compressor/cascade system. The low bid was from Scuba Air Compressor Service of Dallas at a purchase price of$14,577.00. Quotes received from Hypres Equipment and Firestorm Fire Apparatus were $15,590.00 and $15,792.00, respectively. Financial Cgnsidgrgtipn,I Proposals have been solicited for lease/purchase financing for the above listed equipment. The cost and terms of financing are addressed in a separate communication which follows. The available funds are more than adequate to cover the amount of the first annual lease payment. taf _R@_CQr unevaltiQn Staff recommends that Council approve the purchase of the specified self contained breathing apparatus from International Safety Instruments and the purchase of a breathing air compressor/cascade system from Scuba Air Compressor Service, with the total purchase price of $58,394.40 to be financed through a tax exempt Municipal Lease/Purchase Agreement. a_r_i )Z, 4/87,7/, Prepared/ y Approved by I ue Council is requested to discuss and consider authorization for the City Manager to execute a lease/purchase agreement to finance the acquisition of a breathing air compressor and self contained breathing apparatus. Backgrogn The acquisition and lease/purchase financing of an air compressor/cascade system and breathing apparatus were approved by Council as part of the Fire Department's capital budget for 1995. The recommendation for purchase of this equipment has been addressed in the preceding agenda communication. Proposals for the Financing of this purchase have been solicited from six (6) firms which specialize in Tax Exempt Municipal Leases. In addition, both of the local banks were contacted and each offered information on fixed rate loans. The most advantageous financing proposal was submitted by Associates Commercial Corporation of Dallas. Below is a comparison of the Quoted Rates for both a three (3) year and four(4) year lease, with total funding estimated at $60,000.00 for purposes of rate quotation and evaluation. The total cost includes a nonrecurring underwriting fee of$300.00 Term of Lease Annual Payment Total Cost 3 Years $21,317.76 $64,253.28 4 Years $16,530.75 $66,423.00 Financial Considerations The Fire Department budgeted $29,500.00 for the purchase of bunker gear and the breathing apparatus system in fiscal '95. Of that amount, the unencumbered balance after purchasing bunker gear is $22,650.00. This amount is more than adequate to cover the first annual payment on a three (3) year lease. taff 'crgr•n Staff recommends that Council authorize the City Manager to execute a three(3)year lease/purchase agreement with Associates Commercial Corporation to finance the recommended purchase of an air compressor/cascade system and self contained breathing apparatus, with the first annual lease payment not to exceed $22, 650.00. tt rr.. ltij Tabulation of Proposals, Sample Lease Agreement ‘11-eo-44 )- Prepare y I Ap roved by TABULATION OF LEASE PURCHASE PROPOSALS: Company Name 3 Year Lease 4 Year Lease Associates Commercial $ 21,317.76 $ 16,530.75 Baystone Leasing $ 21,395.97 $ 16,609.57 Allied Capital $ 21,510.00 $ 16,763.00 Dublin Capital $ 21,707.00 $ 16,825.00 Consolidated Financial $ 22,996.89 $ 17,910.00 American National Bank N/A $ 17,916.52 * Provident Bank N/A $ 18,174.72 * * Both banks quoted a 4 year fixed rate loan, not a lease/purchase. FROM :ASSOC MUNICIPAL FINANCE 214 541 6475 1995,01-03 14:54 tt559 P.02/12 A EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. Lessee: (Name and Address) Lessor: (Name and Address) Lessor agrees to lease to Lessee and Lessee agrees to lease from REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR Lessor the Equipment described in any Schedule A now or hereafter IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, attached hereto("Equipment")in accordance with the following terms CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, and conditions of this Equipment Lease-Purchase Agreement FITNESS FOR USE,OR SUITABILITY OF THE EQUIPMENT IN ANY ("Lease"), RESPECT WHATSOEVER OR IN CONNECTION WiTH OR FOR THE 1.TERM.This Lease will become effective uponthe execution hereof PURPOSES AND USES OF LESSEE.OR AS TO THE ABSENCE OF by Lessor. The term of this Lease will commence on the date the LATENT OR OTHER DEFECTS, WHETHER OR NOT Equipment is accepted pursuant to Section 3 hereunder and,unless DISCOVERABLE, OR AS TO THE ABSENCE OF ANY earlier terminated as expressly provided for in this Lease,will continue INFRINGEMENT OF ANY PATENT,TRADEMARK OR COPYRIGHT, until the expiration date(the"Expiration Date")set forth in Schedule OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT A attached hereto(the "Lease Term"), OR ANY OTHER REPRESENTATION,WARRANTY,OR COVENANT 2.RENT.Lessee agrees to pay to Lessor or its assignee the Lease OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH Payments,including the interest portion equal to the amounts spec itied INCIDRESPECT THERETO,TOARE IT BEING AGREED THAT ALLD RISKS LESSOR in Schedule A.The Lease Payments will be payable without notice or SHALL NOT T BE OBUGATED O ORE BORNE BY LESSEEL AND LENTOR demand at the office of Lessor(or such other place as Lessor or its CONSEQUENTIAL,C NOT EOROTHER E DAMAGESLIA FOR OF OR TO LESSEEINCIDENTAL, OR assignee may fro►n time to time designate in writing) and will Commence ANYOTHER PEOR OTHER IN OR OUTOOR N on the first Lease Payment Date as set forth in Schedule A and CON OTHER PERSON OR ENTITY ARISING OF OR IN thereafter on the subsequent dates set forth in Schedule A. Any EQUIPMENT ANDW TH THEM USE OR PERFORMANCEs OF THE payments received later than ten(10)days from the due date will bear EQUIPMENT THE MAINTENANCE THEREOF.no Lessor hereby interest at the highest lawful rate from the due date, Except as assigns tooccurred Lessee during theands@ Term,so ins as all Eventmane a Default specificallyhas occurred hereunder and is continuing, manufacturer's provided in Section 6 hereof,the obligation of Lessee to warranties,if any,expressed make the Lease Payments hereunder and perform all of its other Lessee to obtd ain respectst the Equipment, services obligations hereunder will be absolute and unconditional in all events furnand Lessor authorizesn sucho arran the customary services and will not be subject to any setoff. defense, counterclaim, or Les ee sd in connection with warranties ties at Lessee's expense. recoupment for any reason whatsoever including,without limitation, warranty s sole remedy for the breacht of any such manufacturer's at and not any failure of the Equipment to be delivered or installed,any defects, against shall be againstssethe emxpressly acknowledges d the that Le Equipment, not malfunctions, breakdowns or infirmities in the Equipment or any �'ha lease,_Lessee entati n warranties that oever makes, accident, condemnation or unforeseen circumstances. Lessee and has made,no availabilityreprbs o f such orwarranties the manufacturer as the reasonably believes that funds can be obtained sufficient to make all existence or the of of the of Lease Payments during the Lease Term and hereby covenants that the Equipment. it will do all things lawfully within its power to obtain, maintain and 5.RETURN OF EQUIPMENT.Unless Lessee shall have exercised properly request and pursue funds from which the Lease Payments its Purchase option as Provided in Section 20 hereof,upon the expiration may be made,including making provisions for Such payments to the or earlier termination of this Lease pursuant to the terms hereof,Lessee extent necessary in each budget submitted for the purpose of obtaining shall,at its sole expense but at Lessor's option,return the Equipment funding, using its bona fide best efforts to have such portion of the to Lessor to any location in the continental United States designated budget approved and exhausting all available administrative reviews by Lessor. and appeals in the event such portion of the budget is not approved. 6. NON-APPROPRIATION OF FUNDS; NON-SUBSTITU- It is Lessee's intent to make Lease Payments for the full Lease Term TION_Notwithstanding if funds are anything contained in this Lease tothe contrary, legally available therefor and in that regard Lessee in the event no funds or insufficient funds are appropriated and represents that the use of the Equipment is essential to its proper, budgeted or are otherwise unavailable by any means whatsoever in efficient and economic operation.Lessor and Lessee understand and any fiscal period for Lease Payments due under this Lease, Lessee intend that the obligation of Lessee to pay Lease Payments hereunder will immediately notify Lessor or its assignee in writing of such shall constitute a current expense of Lessee and shall not in any way occurrence and this Lease shall terminate on the last day of the fiscal be construed to be a debt of Lessee in contravention of any applicable period for which appropriations have been received 6r made without constitutional or statutory limitation or requirement Concerning the penalty or expense to Lessee,except as to()the portions of Lease creation of indebtedness by Lessee,nor shall anything contained herein Payments herein agreed upon for which funds shall have been constitute a pledge of the general tax revenues,funds or monies of appropriated and budgeted or are otherwise available and(ii)Lessee's Lessother obligations and liabilities under this Lease relating to,or accruing 3.DELIVERY AND ACCEPTANCE.Lessee,or If Lessee so requests, or arising prior to,such termination.In the event of such termination, Lessor, will cause the Equipment to be delivered to Lessee at the Lessee agrees to peaceably surrender possession of the Equipment location specified in Schedule A("Equipment Location").Lessee will to Lessor or its assignee on the date of such termination in the manner pay all transportation and other costs,if any,incurred in connection set forth in Section 5 hereof and Lessor will have all legal and equitable with the delivery and installation of the Equipment.Lessee will accept rights and remedies to take possession of the Equipment. the Equipment as soon as it has been delivered and inspected.Lessee Notwithstanding the foregoing,Lessee agrees(i)that it will not cancel will evidence its acceptance of the Equipment by executing and this Lease and this Lease shall not terminate under the provisions of . delivering to Lessor a Delivery and Acceptance Certificate(in the form this Section it any funds are appropriated to it,or by It for the acquisition, provided by Lessor)upon delivery of the Equipment retention or operation of the Equipment or other equipment or Services performing functions similar to the functions of the Equipment for the 4.DISCLAIMER OF WARRANTIES. Lessee acknowledges and agrees that the Equipment is of a size, fiscal period in which such termination would have otherwise occurred design and capacity selected or for the next succeeding fiscal period,and(ii)that it Will not during by Lessee,that Lessor IS neither a manufacturer nor a vendor of such the Lease Term give priority in the application of funds to any other equipment, that LESSOR LEASES AND LESSEE TAKES THE EQUIPMENT AND EACH PART THEREOF -AS-IS" AND THAT functionally similar mr�p or to„ice c �9 funCtbns simile,. to the functions of the Equipment.This section will not be construed LESSOR HAS NOT MADE,AND DOES NOT HEREBY MAKE,ANY srsees .aso so as to permit Lessee to terminate this Lease in order to purchase, lease, rent Or otherwise acquire the use of any other equipment or FROM :ASSOC MUNICIPAL FINANCE 214 S41 6475 1995,01-03 14:SS it559 P.03/12 • services performing functions similar to the functions of the Equipment, 11. LOCATION;INSPECTION.The Equipment will not be removed and,if this Lease terminates pursuant to this Section,Lessee agrees from or,it the Equipment consists of roiling stock,its permanent base that during the fiscal period immediately following the fiscal period in will not be changed from the Equipment Location without Lessor's prior which such termination occurs it will not so purchase,lease, rent or written consent which will not be unreasonably withheld. Lessor will otherwise acquire the use of any such other equipment or services, be entitled to enter upon the Equipment Location or elsewhere during 7.REPRESENTATIONS. COVENANTS ANO WARRANTIES. reasonable business hours to inspect the Equipment or observe its use Lessee represents,covenants and warrants as of the date hereof and and operation. at all times during the Lease Term that'(i)Lessee is a state or a fully 12.LIENS AND TAXES. Lessee shall keep the Equipment free and constituted political subdivision thereof,or its obligations hereunder clear of all levies,liens and encumbrances except those created under constitute obligations issued on behalf of a state or a political subdivision this Lease.Lessee shall pay,when due,all charges and taxes(local. thereof,such that any interest derived under this Lease will qualify for state and federal)which may now or hereafter be imposed upon the exemption from Federal income taxes under section 103of the Internal ownership,leasing,rental, sale,purchase,possession or use of the Revenue Code of 1966,as amended(the"Code"),and that it will do Equipment,excluding however,all taxes on or measured by Lessor's or cause to be done all things necessary to preserve and keep in full income.If Lessee fails to pay said charges,or taxes when due.Lessor force and effect(a)its existence and(b)this Lease;(ii)the execution, may,but need not,pay said charges or taxes and,in such event,Lessee delivery and performance by the Lessee of this Lease and all documents shall reimburse Lessor therefor on demand, with interest at the executed in connection herewith,including,without limitation,Schedule maximum rate permitted by law from the date of such payment by A hereto and the Delivery and Acceptance Certificate referred to in Lessor to the date of reimbursement by Lessee. Section 3 hereof(the Lease together with all Such documents shalt be collectively referred to herein as the"Lease Documents")have been 13.RISK OF LOSS; DAMAGE; DESTRUCTION.Lessee assumes duly authorized by all necessary action on the part of the Lessee;{iii) an risk of loss of or damage to the Equipment from any cause the Lease Documents each constitute a whatsoever,and no such loss of or legal, valid and bindingdamage to the Equipment nor defect obligation the Lessee enforeeabte in accordance with their respective therein nor unfitness or obsolescence thereof shall relieve Lessee of terms;(iv)no additional governmental orders,permissions.consents, the obligation to make Lease Payments or to perform any other approvals or authorizations are required to be obtained and no obligation under this Lease. In the event of damage to any item of rated in oonnectiorh with Equipment,Lessee will immediately place the same in good repair with registrations or declarations are required to be the execution and delivery of the Lease Documents;(v)Lessee has the proceeds of any insurance recovery applied to the cost of such sufficient appropriations or other funds available to pay all Lease repair.If Lessor determines that any Item of Equipment is lost,stolen, destroyed or damaged beyond repair,Lessee,at the option of Lessor, Payments and other amounts due hereunder for the current fiscal period;(vi)the use of the Equipment by Lessee is essential to and will will either(a)replace the same with like equipment in good repair,or be limited to the performance by Lessee one or more governmental (b)on the next Lease Payment Date,pay Lessor(i)all amounts then functions of Lessee consistent with the permissible scope of Lessee's owed by Lessee to Lessor under this Lease, including the Lease authority: (vii) no'portion of the Equipment will be used directly or Payment due on such date,and(ii)an amount equal to the applicable indirectly in any trade or business carried on by any person other than Concluding Payment set forth in Schedule A opposite such Lease Cusses; and (viii) no portion of the Equipment will be used by an Payment Date. in the event that Lessee is obligated to make such organization described in section 501 (c)(3)of the Code and(ix)this payment pursuant to subparagraph(b)above with respect to less than Lease does not constitute an arbitrage obligation within the meaning all of the Equipment,Lessor wig provide Lessee with the pro rats amount of section 149 of the Code and is not federally guaranteed within the of the Lease Payment and the Concluding Payment to be made by meaning of section 149(b) the Code. Lessee with respect to the Equipment which has suffered the event Lessee shall deliver to Lessor an opinion of Lessee's counsel in form of and substance as set forth herein or as otherwise acceptable to Lessor. 14.PERSONAL PROPERTY.The Equipment is and will remain In the event that a question arises as to Lessee's qualification as a personal property and will not be deemed to be affixed or attached to political subdivision, agrees to execute a power of attorney real estate or any building thereon.If requested by Lessor,Lessee will,application to the Internal Revenue Service at Lessee's e for a letter ruling with respect to the;sane. expense furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. 8.TiTLE TO EQUIPMENT.Upon acceptance of the Equipment by 16. INSURANCE.Lessee,will,at its Lessee hereunder,title to the Equipment will vest in Lessee subject expense, e,maintain at all and to Lessor's rights under this Lease; I during the Leine Term,fire and extended coverage,Public liability and provided,however,that(i)in the property damage insurance with respect to the Equipment in such event of termination of this Lease pursuant to Section 6 hereof,(i)upon amaynts, the occurrence of an Event of Default hereunder,and asas suchsat covering such rich Lessor's and with Such insurers e as shall be Event of Default is continuing,or(iii)in the event that th longurchase toactory Lessor,or,with prior written consent,may self- insure against any or all such rleks.In no event will the insurance limits option has not been exercised prior to the Expiration Date, title will be less than the amount of the then immediately vest in Lessor or its ee y anyaction by Lessee applinsur ce Concludingolic Payment with respect to such Equipment. Each insurance policy will name and Lessee shall immedia tely surrender possession of the Equipment Lessee as an insured and Lessor or its assigns as an additional insured. to Lessor or its assignee in the manner set forth in Section 5 hereof. and will contain a clause requiring the insurer to give Lessor or its 9_USE REPAIRS.Lessee will use the Equipment in a careful manner assigns at least thirty(30)days prior written notice of any alteration for the use contemplated by the manufacturer of the Equipment.Lessee in anyth terms of suchieswill ir the to Lessee a thereof.LessorThus assign; shall comply with all laws, ordinances, insurance policies and of r Innsuc payable Lessee or its assigns regulations relating to the possession,use.operation or maintenance as their interests may appear.Upon,acceptance will of the Equipment and of the Equipment.Lessee,at its expense.will keep the Equipment in upon each insurance renewal date. Lessee deliver to Lessor a good working order and repair and furnish all pants,mechanisms and Certificate eo raking such insurance.In the event that Lessee has been devices required theretOr. permitted to sit-insure, Lessee will furnish Lessor with a letter or certificate to such effect.In the event of any loss,damage, injury or t 0.ALTERATIONS.Lessee w 11 not make any alterations,additions accident involving the Equipment,Lessee will promptly provide Lessor or improvements to the Equipment without Lessor's prior written with written notice thereof and make available to Lessor all information consent unless mitt alterations,additions or improvements may be and documentation relating thereto and shall permit Lessor to participate and cooperate with Lessee in making any claim for insurance readily removed without damage to the Equipment. in respect thereof. FROM :ASSOC MUNICIPAL FINANCE 214 541 647S 1995,01-03 14:56 #559 P.04/12 16,INDEMNIFICATION.Lessee shall indemnify Lessor against,and to Lessee,declare an amount equal to all amounts then due under the hold Lessor harmless from, any and all claims, actions proceedings, Lease,and all remaining Lease Payments due during the fiscal year expenses, damages or liabilites, including attorney's fees and court of Lessee in which the default Occurs to be immediately due and costs, arising in connection with the Equipment, including, but not payable, whereupon the same shall become immediately due and limited to,its selection,purchase,delivery,installation,possession,use, payable:(ii)by written notice to Lessee,request Lessee to(and Lessee operation, rejection, or return and the recovery of claims under agrees that it will),at Lessee's expense,promptly return the Equipment insurance policies thereon. The indemnification provided under this to Lessor in the manner set forth in Section 5 hereof,or Lessor,at its Section shall continue in full force and effect notwithstanding the full option.may enter upon the premises where the Equipment is located payment of all obligations under this Lease or the termination of the and take immediate possession of and remove the same; iu sell or Lease Term for any reason. ( ) lease the Equipment or sublease it for the account of Lessee,holding 17.ASSIGNMENT. Without Lessor'S prior written consent.Lessee Lessee liable for all Lease Payments and other payments due to the will not either(i)assign,transfer,pledge.hypothecate,grant any security effective date of such selling, leasing or subleasing and for the interest in or otherwise dispose of this Lease or the E ui meet or an difference between the purchase price,rental and other amounts paid q p y by the purchaser, lessee or sublessee pursuant to such sale, lease interest in this Lease or the Equipment or (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or sublease and the amounts otherwise payable by Lessee hereunder; Lessee's employees. Lessor may assign its rights, title and interest and(iv)exercise any other right, remedy or privilege which may be in and to the Lease Documents,the Equipment and/or grant or assign available to it under applicable laws of the state where the Equipment a security interest in this Lease and the Equipment,in whole or in part, is then located or any other applicable law or proceed by appropriate and Lessee's rights will be subordinated thereto.Any Such assignees court breachie to enforce fthis the terms of this Lease or toa recover anyor damages shall have all of the rights of Lessor under this Lease. Subject to the for the Equipment of Lease or Lessee rescindwilremainthis Lease as all or all foregoing,this Lease inures to the benefit of and is bindinguponof the msIn addition.this L,ase and for liable for other covenants the and indemnities under this Lease all legal fees and costs successors and assigns of the parties hereto.Lessee covenants and agrees not to assert against the assignee any claims or defenses by and expenses,including any court t costs,incurred listed by above with any other way of abatement setoff,counterclaim,recoupment or the like which to the y available to Lessor.of the remedies above or other Lessee may have against Lessor.Upon assignment of Lessor's interests remedy available herein,Lessor will cause written notice of such assignment to be sent 20.PURCHASE OPTION.Upon thirty(30)days prior written notice to Lessee which will be sufficient it it discloses the name of the assignee from Lessee,and provided that tare is no Event of Default,or an event and address to which further payments hereunder should be made. which with notice of lapse of time, or both, Could become an Event No further action will be required by Lessor or by Lessee to evidence of Default, then existing. Lessee will have the right to purchase the the assignment, but Lessee will acknowledge such assignments in Equipment on any Lease Payment date set forth in Schedule A hereto writing if so requested. Lessee shall retain all notices of assignment by paying to Lest,on such date,the Lease Payment then due together and maintain a book-entry record(as referred to in Section 21)which with the Concluding Payment amount set forth in Schedule A opposite identifies each owner of Lessor's interest in the Lease.Upon Lessee's such date.Upon satisfaction by Lessee of such purchase conditions, receipt of written notice of Lessor's assignment of all or any part of Lessor will transfer any and all of its right,title and interest in the its interest in the Lease,Lessee agrees to attom to and recognize any Equipment to Lessee AS IS.WITHOUT WARRANTY,EXPRESS OR such assignee as the owner of Lessor's interest in this Lease, and iMPLIED,except Lessor will warrant that the Equipment is free and Lessee shall thereafter make such payments, including without clear of any liens created by Lessor. limitation such Lease Payments, as are indicated in the notice of assignment,to such assignee. 21.TAX ASSUMPTION; COVENANTS.The parties assume that 18.EVENT OF DEFAULT.The term "Event of Default," as used Lessor can exclude from Federal gross income the interest portion of each Lease Payment set ." in Schedule A under the column herein, means the occurrence of any one or more of the following captioned Interest Portion." events: (i) Lessee fails to make any Lease Payment(or any other Lessee covenants that it willregister this Lease and transfers payment)as it becomes due in accordance with the terms of this Lease, (i) and any such failure continues for ten(10)days after the due date thereoful in accordance with section 149(a) of thew Code and the thereof: (ii) Lessee fails to perform or observe anyother covenant, cease in ths thequireeroii)tin c file a cstetwith sement ctio 149(e)ofto the on, Lease in the required form In accordance with section 149(e) the and suon failure agreementi not n to be w performedthintwenty or observed by it hereunder Code,(iii)not permit the property financed by this Lease to be directly (20)days after written notice or indirectly used for a private business use within the meaning of thereof try Lessor; (iii) the discovery by Lessor that any statement, section 141 of the Code.(iv)not take any action which results,directly representation, or warranty made by Lessee in this Lease or in any or indirectly, in the interest portion of any Lease Payment not being writing ever delivered by Lessee pursuant hereto or in connection excludable from Federal gross income pursuant to section 103 Ot the herewith was false,misleading,or erroneous in any material respect; Code and will take any reasonable action necessary to prevent such (iv) Lessee becomes insolvent,or is unable to pay its debts as they result,and(v)not take any action which results in this Lease becoming, become due, or makes an assignment for the benefit of creditors, and will take any reasonable action to prevent this Lease from becoming applies or consents to the appointment of a receiver, trustee, (a)an arbitrage obligation within the meaning of section 148 of the Code conservator or liquidator of Lessee or of any of its assets,or a petition or(b)federally guaranteed within the meaning of section 149 of the for relief is filed by Lessee under any bannkruptcy, insolvency, Code. reorganization or similar laws,or a petition in,or a proceeding under, Notwithstanding the earlier termination or expiration of this Lease, any bankruptcy, insolvency,reorganization or similar laws is filed or the obligations provided for in this Section 21 shall survive such earlier instituted against Lessee and is not dismissed or fully stayed within termination or expiration. twenty(20)days after the filing or institution thereof;(v)Lessee fails to make any payment when due or fails to perform or observe any 22.NOTICES.All notices to be given under this Lease shall be made covenant,condltion,or agreement to be performed by it under any other in writing and mailed by certified mail,return receipt requested,to the agreement or obligation with Lessor or an affiliate of Lessor and any other party at its address set forth herein or at such address as the applicable grace period or notice with respect thereto shall have elapsed party may provide in writing from time to time.Any such notice shall or been given;or(vi)an attachment,levy or execution is threatened be deemed to have been received five days subsequent to mailing, or levied upon or against the Equipment. 23.SECTION HEADINGS.All section headings contained herein are 19.REMEDIES.Upon the occurrence of an Event of Default, and for the convenience of reference only and are not intended to define as long as Such Event of Default is continuing,Lessor may,at at its option, or limit the scope of any provision of this Lease. exercise any one or more of the following remedies:(i)by written notice FROM :ASSOC MUNICIPAL FINANCE 214 S41 647S 1995,01-03 14:57 f559 P,05/12 24.GOVERNING LAW.This Lease shall be construed in accordance Constitute the entire agreement between the parties with respect to the with,and governed by,the laws of the state of the Equipment Location. lease of the Equipment,and this Lease shall not be modified,amended, altered, or changed except with the written consent of Lessee and 25. DELIVERY OF RELATED DOCUMENTS.Lessee will execute or Lessor.Any provision of this Lease found to be prohibited by law shall provide,as requested by Lessor,such other documents And information be ineffective to the extent of such prohibition without invalidating the as are reasonably necessary with respect to the transaction remainder of this Lease.The waiver by Lessor of any breach by Lessee contemplated by this Lease. of any term,covenant or condition hereof shall not operate as a waiver 26. ENTIRE AGREEMENT, WAIVER. The Lease Documents of any subsequent breach thereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of 19 LESSEE: LESSOR: By: By: Title: Title: OPINION OF COUNSEL • With respect to that certain Equipment Lease-Purchase Agreement instrumentality which,if adversely determined,would have a material ("Lease") dated _ _by and between adverse effect on the transaction contemplated in the Leas,or the ability Lessor and Lessee,I am of the opinion that:(I)Lessee is a tax exempt of Lessee to perform its obligations under the Lease and Lessee is not entity under Section 103 of the Internal Revenue Code of 1986, as in default under any material obligation for the payment of borrowed amended;(ii)the execution,delivery and performance by Lessee of money,for the deferred purchase price of property or for the payment the Lease have been duly authorized by all necessary action on the of any rent under any lease agreement which either individually or in part of Lessee;(iii)the Lease constitutes a legal, valid and binding the aggregate would have the same such effect;and(v)all required obligation of Lessee enforceable in accordance with its terms and all public bidding procedures regarding the award of the Lease have been statements contained in the Lease and all related instruments are true; followed by Lessee and no governmental orders,permissions,consents, (iv)there are no suits,proceedings or investigations pending or,to my approvals or authorizations are required to be obtained and no knowledge,threatened against or affecting Lessee,at law or in equity, registrations or declarations are required to be tiled in connection with or before or by any governmental or administrative agency or the execution and delivery of the Lease. Counsel for Lessee: By: Title: • Date: 6256e9 Rev.0-90 FROM :ASSOC MUNICIPAL FINANCE 214 541 647S 1995,01-03 14:SS #SS9 P.06/12 .►jA ♦r- , • SCHEDULE A EQUIPMENT DESCRIPTION Lease No. This Schedule A is executed by ("Lessor") and ("Lessee"), as a supplement to, and is hereby attached to and made a part of that certain Equipment Lase-Purchase Agreement dated as of ("Lease"), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease and Lessee hereby leases from Lessor under and pursuant to the Lease the following items of Equipment: GUMMY DESCRIPTION.(MANUFACTURER.MOON.AND SERIAL NO3 SLIMIER EQUIPMENT LOCATION: Initial Term: Months Commencement Date. Expiration Date. Periodic Rent: Consecutive Payments of $ each (including interest), followed by one final payment of $ plus any and ail other payments due under this Lease. Dated LESSEE* LESSOR* _.. BY: BY: TITLE TITLE* Page 1 of 2 SCN-A-ECLFRM FROM :PSSOC MLLNICIPPL FINRNCE 214 541 6475 C 1595.01-03 14:58 #559 P.07/12 SCHEDULE A PAYMENT SCHEDULE Lessee: Lease Number Amount Funded: $ Interest Rate: % Lease Lease Payment Payment Lease Interest Principal Concluding Number Date Payment Portion Portion Payment • • SPAPLAPATIIIM FROM :ASSOC MUNICIPAL FINANCE 214 541 6475 1995,01-03 14:58 U559 P.08/12 :3r" Li Ay s.. i DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment') as fully installed and in good working condition and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes under the Equipment Lease- Purchase Agreement ("Leese") executed by Lessee and ('Lessor") as of the Lease Date set forth below: LEASE LEASE SCHEDULE A DELIVERY PURCHASE PURCHASE DATE MUMMER DATE NUMSIR DATE ORDER NO. • EQUIPMENT INFORMATION QUANTITY DESCRIPTION MANUFACTURER.MODEL AND SERIAL 110.1 SUPPLIER • LESSEE' BY: - TITLES DATE ACCEPTED. DEL-ACEP.PRM FROM :PSSOC MUNICIPAL FINANCE 214 541 5475 1995.01-03 14:58 U559 P.09/12 - SAMPLE INCUMBENCY CERTIFICATE I do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of ("Lessee"),a body corporate and politic duly organized and existing under the laws of the State of that I have custody of the records of Lessee, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of Lessee holding the offices set forth opposite their respective names. I further certify that tit the signatures set forth opposite their respective names and titles are their true and authentic signatures, and till such officers have the authority on behalf of Lessee to enter into that certain Equipment Lease-Purchase Agreement dated or to be dated , between Lessee and Associates NAME IIILE SIGNATURE IN WITNESS WHEREOF, I have duly executed this Certificate and affixed the seal of Lessee hereto this day of , 19_ SEAL LESSEE BY: TITLE: Secretary/Clerk INCU. ER.FM M FROM :ASSOC MUNICIPAL FINANCE 214 S41 G47S 1995.01-03 14:S9 #SS9 P.10/12 FACT SHEET PLEASE RETURN THIS SHEET WITH THE FINANCIAL STATEMENTS PROPOSAL NUMBER: LEGAL NAME OF ENTITY. - - DEPARTMENT USING EQUIPMENT. FEDERAL ID NUMBER: NAME OF COUNTY: STREET ADDRESS: Please give complete physical street address. Do not give address with P.O. Box as express delivery will not deliver to it. BILLING ADDRESS: Please indicate any special billing instructions that are required to avoid late payments and subsequent late charges. ACCOUNT PAYABLE: CONTACT TELEPHONE it- SIGNATURES: Please print or type names exactly as the person will be signing the document. Signatures are not required hare. AUTHORIZED OFFICIAL: Name: Tide: ATTORNEY SIGNING OPINION OF COUNSEL: Name: TELEPHONE *- MAJOR REVENUE SOURCE- BANK REFERENCE:_ CONTACT NAME: TELEPHONE #F: FACT SN.MM FROM :ASSOC MUNICIPAL FINANCE 214 S41 647S 1995.01-03 14:59 #SS9 P.11/12 ESSENTIAL USE LETTER (Sample) (Please complete on your letterhead) Associates Commercial Corporation 300 East Carpenter Freeway Irving, Texas 7E062-2726 Gentlemen; Re: Equipment Lease-Purchase Proposal Number I am furnishing the following information to facilitate thee credit review process for the proposed Equipment Lease-Purchase transaction. A detailed explanation of the use and application of the equipment is as follows: - The equipment is essential to the organization for the following reasons:This equipment replaces previous equipment: No Yes If yes, the previous equipment was originally purchased in 19 . Other equipment being used for the same purpose consists of- The useful life of the equipment in the operation of the department iv The future plans for the equipment are: The program/department has been in operation for years. The source of funds for the payments due under the Equipment Lease-Purchase Agreement for the current fiscal year is the fund(s). The funds) generates its revenue from- Sincerely, Lessee' By: Title- Date: FROM :ASSOC MUNICIPAL FINANCE 214 941 6479 1999,01-03 14:99 #SS9 P.12/12 INSURANCE FACT SHEET We are in need of a Certificate of Insurance for the Municipality listed below. Please complete this form and return to the following: Associates Commercial Corporation 300 East Carpenter Freeway Irving, Texas 75062-2726 ATTN: Ed Pietzke (214I 541-3313 TRANS NO: BID: ' MUNICIPALITY: CONTACT: PHONE: EQUIPMENT DESCRIPTION: PARENT INSURANCE COMPANY: ADDRESS• CITY: _ STATE: ZIP: PHONE: UNDERWRITER/AGENT COMPANY* ADDRESS: -- CITY: STATE: ZIP: CONTACT: PHONE. POLICY NO: EXPIRATION DATE: PUBLIC LIABILITY AMOUNT: ` DEDUCTIBLE' PHYSICAL DAMAGE AMOUNTS: COMPREHENSIVE: DEDUCTIBLE: PHYSICAL DAMAGE AMOUNTS: COLLISION: DEDUCTIBLE- INDICATE IF SELF-INSURED. OR IF POLICY IS CONTINUOUS: SELF-INSURED FOR: UABIUTY: PHYSICAL DAMAGE: BOTH: CONTINUOUS UNTIL END OF LEASE/PURCHASE AGREEMENT: YES: NO- IN8.FACT.FRM esol i amen ldel n ► f r nlstr an U t need (Iront ISSUE Our current guidelines for administration of the urgent need grant we received for tornado victims requires that an applicant reside within the City limits at the time application is made. The proposed resolution requests the State to all us to amend these guidelines to allow applicants to apply if they live within our ETJ. BACKGROUND When the guidelines were adopted and anticipating a large number of applicants, our grant administrators (GSA) and staff recommended that only Wylie citizens be permitted to apply. Seven applications were approved a few months ago and Council recently approved three more. It appears that little interest is left in this grant by Wylie citizens. There are two applications outside of the city limits who have serious structural damage and would probably qualify for rehabilitation assistance if they met the residency requirement. The Housing Advisory Committee (tornado grant committee) agreed to this proposal in November provided ample opportunity was given to Wylie residents first. We have published notice thee consecutive weeks in the Wylie News and recruited assistance from the Ministerial Alliance in locating storm victims who have not applied. No other applications have been received since early November. The state is under no obligation to authorize such a change. However, at some point, the State will realize we have no further use for the money and we could forfeit the remaining funds. LEGAL CONSIDERATIONS Amendment to the guidelines must be approved by the State once Council approves it. BUDGET CONSIDERATIONS Approximately $100,000 remains available for our use. The City will be submitting a request for reimbursement for our costs associated with the administration of the grant. STAFF RECOMMENDATION ATTACHMENTS Staff recommends approval of the resolution. (1) Amendatory Resolution ii Sub 7a1Zh4 te By Approved By . . • . ....„ Resol Lion(10 • Investmentl r i t e E [C Issue To establish an investment account with LOGIC (Local Government Investment Pool), a resolution of the city council is necessary. Background LOGIC is an investment pool established for the safe investment of public funds. The pool was established in May 1994 and has grown to over $350 million as of December 30, 1994. The fund manages and invests conservatively and is paying slightly higher yields than Te)cPool. LOGIC is currently exceeding the performance of other pool alternatives, short term bank deposits and is comparable to the highest performing government funds. The staff feels the City should be diversified by having at least two investment pools to use for short-term cash management. Although the Finance Director is authorized to handle the investment activity of the City, LOGIC requires proof of such authority in the form of a council approved resolution. Staff Recommendation Staff recommends the City Council approve the resolution authorizing an Interlocal Agreement for participation in LOGIC and appointing authorized representatives to transact business with LOGIC. Staff further recommends the council authorize a representative to sign the Interlocal Agreement and the forms necessary to establish the LOGIC investment account. Attachments LOGIC December 30, 1994 memorandum Sample Resolution Interlocal Agreement LOGIC Account Information Form (blank) LOGIC Authorization for Electronic Transfer by Automated Clearinghouse (ACH) Form (blank) Prepared b Approved p Y PP by L 0 7001 Preston Road Suite 300 Dallas,Texas 75205 Telephone:800-TX-LOGIC (800-895-6442) Fax: 214-522-7667 Urgent Memorandum To: All Local Government Officials Date: December 30, 1994 Subject: Investing cash balances If you are concerned with the investment of your liquidity and operating cash balances, the panic situation caused by the crisis in Orange County and other investment pools is beginning to subside. Local government officials are reviewing their alternatives and are making decisions to shift investment dollars to programs that emphasize safety, liquidity, and yield - - in that order of priority. The panic is over, but the analysis of investment alternatives and choices has never been more intense. The Local Government Investment Cooperative -- LOGIC -- has experienced excellent growth since the beginning of the program in May, 1994. That growth has been particularly strong during the "flight to safety" these past 30 days. In the first eight months of the LOGIC program, balances have grown to over $350 million. The growth in the number of LOGIC Participants and their increasing commitment of investment dollars into LOGIC is based on four important advantages: 1. LOGIC stresses safety High Quality Government Securities only No derivatives Conservative operating and accounting procedures Stable $1.00 Net Asset Value 2. LOGIC is liquid Short weighted average maturity (53 days today) No long maturity risk exposure in any investment (97% of the portfolio matures within one year!) No mismatched reverse repo leverage 3. LOGIC's yield is good Outperforming other pool alternatives Outperforming short term bank deposit yields Competitive with highest performing government funds 4. LOGIC is client focused Strong customer service with an experienced staff Personalized service supported by the latest technology Professional, well-recognized, Texas-based management team Enroll in LOGIC and join the growing number of local governments who have chosen a professionally managed investment program, owned by the Participants and focused on the Participants. LOGIC provides the investment quality and competitive daily rate needed to protect and support essential local government services. The enclosed information gives additional details about LOGIC and how to participate. Please call 1-800-TX LOGIC (1-800-895-6442) and ask for a new participant enrollment packet. Managed by Southwest Securities Group,Inc. LOGIC 5.71% Net Daily Rate 12/29/94 6.00% 5.50% triVit L 5.00% A.i f.1‘,1\..,,fi 0. P-ftf \FIJAA 4.50% fvf nrs\L- 1\- -‘ti 4.00% 05/06 05/24 06/11 06/29 07/17 08/04 08/22 09/09 09/27 10/15 11/02 11/20 12/08 12/26 Portfolio 12/29/94 12/29/94 Security Type Book Value Market Value Repo 315,539,366 315,539,366 Rev. Repo (53,906,250) (53,906,250) T-Bill 44,005,332 43,871,300 T-Note 9,985,713 9,823,450 D-Notes 49,192,466 49,184,419 Totals 364,816,627 364,512,285 NAV 0.9992 Mat. Structure Amount Percentage 0-30 Days 261,633,116 71.72% 31-90 Days 0 0.00% 91-180 Days 88,376,207 24.22% 181-365 Days 4,821,591 1.32% > 365 Days 9,985,713 2.74% Total 364,816,627 100.00% LOGIC Account Information Form Date: Tax I.D.: Account: Add 0 Portfolio: Liquid Asset ❑ Change ❑ Enhanced Yield 0 PARTICIPANT INFORMATION Local Government: Street Address: , Texas Zip: Mailing Address: , Texas Zip: Contact Person: Phone: Fax: ( ) Authority is hereby given to The Trust Company of Texas,as Administrator of the Local Government Investment Cooperative Account to allow for investment of funds in the designated Portfolio,as named below(e.g.,General Fund, Debt Service Fund, etc.): Account Name: WIRING INSTRUCTION Bank Name: Bank Address: City: , Texas Zip: Bank Contact: Phone: � ) Fax: ( ) Bank ABA Number: ( 9 digits ) Account Number: Account Name: Correspondent Bank (if any) Name: City: Contact: Bank ABA Number: ( 9 digits ) Account Number: Account Name How much does your bank charge for wires? Incoming:$ Outgoing:$ The information, certifications and authorizations set forth in this application form are true and correct and shall remain in full force and effect until The Trust Company of Texas,or its successor,receives written notification of a change. It is hereby certified that the Applicant has received a copy of the Information Statement relating to the Local Government Investment Cooperative and has read,understands and agrees to be bound by the terms thereof and the documents described therein. It is further certified that the Applicant understands that,by adopting the Local Government Investment Cooperative Resolution, it approves the investment policies of the Cooperative for money deposited to its Account notwithstanding any conflicting local investment policies. Authorized Name (please print) Authorized Signature Title Date Do you want ACH availability? O Yes O No If yes, please complete and sign the ACH Authorization on the reverse side. LOGIC—7001 PRESTON ROAD SUITE 1300 DALLAS,TEXAS 75205 1400-TX-LOGIC LOGIC Authorization for Electronic Transfer by Automated Clearinghouse (ACH) Local Government: Bank Information for ACH Transfers Bank Name: Bank Address: City: , Texas Zip: Bank Contact: Phone: Fax: ( ) Bank ABA Number: ( 9 digits ) Account Number: Account Name: I hereby authorize the Trust Company of Texas, as administrator for LOGIC, to directly deposit and withdraw funds by means of ACH electronic transfer to and from the financial institution and the account designated above. I agree that this authorization may be withdrawn with at least 45-days advance written notice to the Trust Company of Texas. I understand that the Trust Company of Texas reserves the right to discontinue ACH electronic transfer without advance notice. I also authorize the Trust Company of Texas to deduct from the Designated Account or from - subsequent deposits made to the Designated Account all amounts deposited in error. In the event the Designated Account is closed or contains an insufficient balance to allow deduction for amounts deposited in error, I agree that the Trust Company of Texas may withhold any payments until such amounts deposited in error are repaid. Likewise, I authorize the Trust Company of Texas to credit all amounts withdrawn in error to the Designated Account. 1 hereby certify that the above information is both true and correct. Authorized Name (please print) Authorized Signature Title Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AUTOMATED CLEARINGHOUSE CANCELLATION Complete only if ACH Cancellation is desired. Effective Date: Authorized Signature Title Date LOGIC-7001 PRESTON ROAD SUITE/300 DALLAS,TEXAS 75205 1-800-TX-LOGIC gQnda Com m l dtlon fry J l lu 10, 199 Budget mendment RegardingROK04 ion of.WylieCode o 01110oni ea ISSUE Staff has been reviewing the Code of Ordinances and preparing an "update" under our current codification contract. However, many of the problems that exist with our code will require a re-write due to insufficient legal review at the time of adoption, etc. Staff is proposing that due to the expense of the re-writes needed, we review and re-codify the entire Code. This will require a budget amendment. BACKGROUND Since 1990, when we codified our Code of Ordinances, many changes have taken place in statutes that govern municipalities, internal operations within the City, and within the code itself. Additionally, our needs have changed and many of the provisions in the Code need amendment. We have hesitated to incur the expense of an update until we've identified all of the changes needed in the Code. Now that we've identified these changes, it may be more cost efficient to revise the entire code or re-codify. This may be done with the existing firm that produces our code or by another firm. A breakdown of the changes we are proposing in the Code of Ordinances is attached. We have been in contact with seven different codification companies to compare what they can each offer and to get a general idea of the cost involved in re-codifying. Many of them offer similar services but there are great differences in experience, references, and legal review services. The firm with the most advanced services and best quote is Municipal Code Corporation. They also have the longest tenure in this kind of business, the best references, the most detailed legal review and serve more municipalities nationwide than the other firms we've spoken with. LEGAL CONSIDERATION Staff contends that a lack of thorough and knowledgeable legal review is the primary problem with our existing code. This is the issue that will prove to be the most costly if we attempt to bring our existing code up to a dependable and acceptable level of dependability for several reasons: (1) An insufficient legal review was done at the time of adoption and all existing provisions should be reviewed for compliance with current state and federal laws (2) We have not amended the Code regularly as laws governing municipalities have changed. The Code must be amended on a systematic basis as regulations change. This is something that we are doing now but had not done for several years following the adoption of the Code. (3) As we've made amendments to the Code over the past several years, they have not all been reviewed by our legal staff for compliance with state and federal regulations. (4) Legal review is charged by the hour. We can pay by the hour to have our existing Code reviewed or we can pay by the hour while we're creating a more workable document. BUDGET CONSIDERATIONS A thorough legal review of the Code would cost an estimated $10,000. A total re-codification of the Code including legal review, re-write, printing, etc will cost approximately $14,000 to $16,000. We budgeted this year for an upgrade from a part-time to a full-time position in the City Secretary's Office. In July, the City Secretary also began supervising Municipal Court. We have made some adjustments in both departments in order to make better use of existing personnel. While the upgrade to the full-time position is NOT unnecessary, it is something we can delay in order to fund a greater priority. The City Manager has indicated that this position will be frozen in the FY95 budget. STAFF RECOMMENDATIONS Staff is recommending that Council authorize a budget amendment to fund the re-codification of the Wylie Code of Ordinances. If Council makes this authorization, the mid-year budget amendment ordinance will include this change. Council approval will allow us to begin the process. ATTACHMENTS (1) Breakdown of Changes Needed in Existing Code of Ordinances (2) Example of Sample Code Review Done by Municipal Code Corporation 61t-‘21Z deI%, Submitted •• •ved By The Sign Ordinance Since the sign ordinance is incorporated into the Zoning Ordinance, it contains many of the same problems. Again, no legal review was done on our sign ordinance requirements. There have been few amendments to the ordinance, so keeping it in the Code is not a problem. If we ever reached a point where amendments were being proposed frequently, it would need to updated like other areas of the Code. There are some problems, however, with keeping the sign regulations in the Zoning Ordinance. First, since sign regulations fall under the Zoning Ordinance, any amendment requires a public hearing before the Planning and Zoning Commission and City Council just like any other Zoning Ordinance amendment. Second, the sign regulations of the Zoning Ordinance provide for a Sign Board of Review. However, statute provides that the Board of Adjustments hear all zoning ordinance appeals, variance requests and special exceptions. The statutes that govern the quasi-judicial Board of Adjustments prevail even when they sit as the Sign Board. This means no variance or special exception can be granted unless it meets the statutory criteria, the most critical of which requires a non-financial "hardship" to the literal interpretation of the ordinance. It would be very difficult to apply "hardship" to a sign ordinance regulation -almost nobody would qualify meaning there is relatively no variance process at all. Our ordinance also says the decision of the sign board is final which conflicts with the decisions of the Board of Adjustments which are subject to appeal in district court. The Home Rule Charter We do not necessarily have a problem with the Charter being included in the Code. However, in addition to or instead of, staff would like to see the Charter put into a paperback booklet easily distributed to citizens, boards, employees, etc since the Charter is rarely amended. We can print as few or as many as we think we'll use. Regulatory Sections of the Code I have not reviewed each of the regulatory sections but there appear to be "screwy" things in the ones that I have reviewed. For example, in Chapter 8 Personnel & Administration, we provide for participation in the Texas Municipal Retirement system at a rate of five percent. We have changed this twice but made not reference to amending our Code either time. This is something that would be caught if: (1) Our City Attorney had reviewed the ordinance and was familiar with our Code Proposed Code Revisions Page 2 (2) Our Code was maintained electronically and could easily be checked for key words. Currently, the index is not cross-referenced for easy location. (3) Our Code was updated and reviewed regularly by our codification company We're not even sure if this is a regulation that should be included in the Code. These areas of the Code are also where we adopt and incorporate as our own other codes like the Uniform Fire Code and National Electric Code. We should be making certain that each of these sections refers to the version we are operating under. Chapter 10, Traffic Regulations, is a chapter where our requirements have left too much room for interpretation of the reader. Council will recall some of the confusion over traffic regulations versus zoning ordinance regulations that has come up over the past year. These are issues that a good legal review would catch and allow us to correct or clarify prior to codification. The Subdivision Regulations Chapter 9 of the Code of Ordinances, our Subdivision Regulations, has been completely revised. This revision took the form of a re-write. Although this section was reviewed by Steve Deiter, we would want legal review on these regulations since statutes have changed since they were adopted. This may also be a section we want to consider for individual publication since a very specialized group of people will be referring to it. Removal of these requirements from the Code may reduce our overall printing cost but not our legal review fees. Comprehensive Fee Schedule We've attempted to keep our fee schedule current by reviewing and amending it only once per year. This will be easy to update on an annual basis. The fees represented in the Code are several years out of date and were not "all-encompassing" even when the Code was adopted. Our codification company should be able to do this for us. SUMMARY There is no question that our Code is in need of thorough legal review. We would recommend that instead of accepting our current code and funding the review, we would revise the Code into a more usable reference. We are recommending Municipal Code Corporation who has published over 2900 Codes in 49 states. They are the single most experienced, technologically advanced and most used code corporation in municipal government. Part of their contract would be systematic review and quarterly, annual or semi-annual updates. Proposed Code Revisions Page 3 PROPOSED CHANGES WYLIE CODE OF ORDINANCES The Zoning Ordinance The Code of Ordinances should contain those regulations that are somewhat stationary and not subject to regular change. This controls the number of updates needed and insures that the Code remains somewhat current. Zoning does not really qualify as a good "CODE" candidate. The Zoning Ordinance should probably be maintained as a separate document either (1) Codified by the selected codification company, updated monthly or quarterly by codification company, published in book form and stored electronically in- house (2) Codified by the selected code corporation, published in book form, stored electronically in-house and maintained in-house with legal reviews provided by codification company (3) Codified, published in book form and maintained completely in-house with systematic legal review by City Attorney The Zoning Ordinance seems to be the portion of the Code that gives us the most problems. This document contradicts itself, gives vague requirements with too much room for reader interpretation, and is generally hard to follow. No legal review was ever done on the Zoning Ordinance prior to its codification. This is not the fault of our current codifiers, Governmental Service Agency. The Zoning Ordinance was developed and maintained in house and was excluded at staffs direction from the legal review conducted by GSA when the Code was developed. The Zoning Ordinance in the Code is 100% prepared by former staff members. For these reasons, staff is recommending option #(1) or#(2) above to maintain an accurate and dependable zoning ordinance that is constantly being reviewed for compliance with statutes and federal law. We can accomplish this a couple of ways: (1) Pay for legal review of Zoning Ordinance as it exists in codified form today (2) Pay for legal review and recreate Zoning Ordinance in revised codified form The fees charged by a codification company will be relatively the same whether we fix what we have or start over and recreate the document. Proposed Code Revisions Page 1 MEMORANDUM TO: City Attorney FROM: Municipal Code Corporation DATE: October 12, 1994 RE : Cursory Review of the Code of Ordinances of the City of Wylie, Texas Our staff attorney, Milt Lefkoff, has conducted a cursory review of the Code of Ordinances of the City of Wylie, Texas . The results of the review are as follows : Chapter Section Comments 1 3 . 00 Local sales and use tax. This section makes two references to a House Bill No. 207 . Such a reference is very obscure and cannot be used to find the statute in the Texas Tax Code or the Tables for the Texas Codes . The codifier should have obtained from the city the specific citation to the Texas Tax Code or at least a chapter number instead of a house bill number. 1 6 . 04 Park regulations; vandalism. This section is in conflict with V.T.C.A. , Penal Code § 1 . 08, which prohibits an enactment by a governmental subdivision that makes conduct covered by the Texas Penal Code an offense subject to a criminal penalty. See V.T. C.A. , Penal Code § 28 . 03 , Criminal mischief, which covers the conduct in section 6 . 04 , Vandalism. 1 17 . 01 Definition of municipal records . Conform to V.T. C.A. , Local Government Code § 201 . 003 (8) . 2 15 . 00 Restrictions on pit bull dogs . This provision is in conflict with V.T.C.A. , Health and Safety Code § 822 . 047, which prohibits municipal restrictions on dangerous dogs that are specific to one breed or several breeds of dogs . 3 2 . 01 Uniform Building Code adopted. Adopt a later edition of the Uniform Building Code . 4 4 . 01 Coin-operated machines; definitions of terms . Conform subsection (b) to Vernon' s Ann. Civ. St . art . 8801 (4) . 4 10 . 00 Massage establishments . Pursuant to Vernon' s Ann. Civ. St . art . 4512k, §14 , massage therapists, as defined in section 1 (2) of that article, should be exempted from this section. 7 6 . 01 Loud noise; general . The word "unnecessary" is too vague to be used in a noise ordinance and should be deleted. 2 ••••••••• ••••••••••••••••••••c •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• W _ _t + nda ommunication ta►r Jana•• •• .• ••••, ._.._ , ent t 0.R hard fia e 0tWOt Utn nsta ion ISSUE Discuss and consider authorizing payment to Richard Nance for water line installation in the Mill Creek Subdivision. BACKGROUND For the past several months Richard Nance has been developing the Mill Creek Subdivision off Stone Road and west of the Stone Grove Addition. There are approximately 16 lots in this area that will be oversized acreage lots along with approximately 32 regular sized single family home dwellings. Since approving the preliminary and final plat, Richard has began installing the necessary utilities. Our development standards require Richard to install an 8" water line along Stone Road. However, the ultimate utility plan suggests that a 12" (or oversized) line be installed to handle additional homes as well as improve circulation and flows. The City Engineer strongly recommended that we require Richard to install a 12" line while he is in there and give Richard a credit off of his impact fee requirements. I know that some councilmembers are sensitive, and that in the past, credits were given to developers without your knowledge. The credit here is approximately $15,000 for the oversizing of the water line. There will be no monies exchanging hands, but rather a credit will be issued to Mr. Nance who will apply the credit toward his impact fee payment. Mr. Nance's total impact fee to the City is approximately $65,000. Since the oversizing is to allow for future growth and overall system efficiency, it is totally and completely legal for the City to utilize impact fee monies for this oversizing. FINANCIAL CONSIDERATION The oversizing from an 8" to a 12" water line of approximately 2,310 linear feet is $15,165. LEGAL CONSIDERATIONS Allowing credit against impact fee payments are legal and meet the intent of the impact fee statute. RECOMMENDATION Authorize credit in the amount of$15,165 to Richard Nance would be applied to his final impact fee payment to the City of Wylie. Prepared by: Approved by: e41\.: Invoice Date: December 5, 1994 To : City of Wylie From: Richard Nance Reference; Installing a 12 ' Water Line Down Stone Rd. and W. A. Allen Blvd. 2310 L.F. Total Price: $59,272.00 Less Payment From Richard Nance $44,107.00 Total Price that City of Wylie Pays $15,165.00 MORROW CONSTRUCTION P.O. BOX 158 • LAVON, TEXAS 75166 • (214) 843-3601 • 843-4681 • FAX 843-0222 1,01 ��ctober 17 , 1994 Richard Nance lylie , Texas RR : PROPOSAL 12" Water Line Mill Creek Addition -L . 12" Connection - L.U . - 41 400.00 1-2 . 12" 1-900 0L150 - 2310 L. ?. 18.00 41,580.00 '-3 . Fire Hydrants ( Complete in Flace ) - 4 1500.00 6 ,000.00 '-4 . Crushed Stone - 52 .5 Tons 0 20.80 1,092.00 r'-5 . Sand �bmbedment - 280 0 .Y. 11 .00 3,080.00 !---6 . 12" Gate Valve & Stack - 4 8 765.00 3 ,060.00 1-7. 1" 'Dater Services ('complete ) - 8 'a 385 .00 3 ,080.00 --3. Test & Chlorinate - .,.S . 450.00 -9. 8" Gate Valve & Stack - 1 530.00 530.00 TOTAL - $59,272.00 ALTERNATE 8" Line 8" Connection - L.S . $ 400.00 12" x 8" Reducer - L.S . 245.00 -3. Fire Hydrants (Com fete in Place ) - 4 @ 1500.00 6 ,000.00 8" C-900 CL150 PVC 2310 L .F. @ 12 .00 27 ,720.00 -5 . Crushed Stone - 52 .5 sons ((b 20.80 1,092.00 -6 . Sand mbedment - 280 C .Y. 11.00 3,080.00 1-7 . 8" Gate Valve & Stack - 4 ,d 530.00 2,120.00 -8. 1 " '.,Dater_ Services - 8 Y0 375.00 3,000.00 d-9. Test & Chlorinate - L.S . 450.00 TOTAL - 444 , 107.00 9