Loading...
05-23-1995 (City Council) Agenda Packet WIPLIE CI '11 coui cii 4'1ti i l I r AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex May 23, 1995 7:00 p.m. CALL TO ORDER INVOCATION - Reverend Al Draper PLEDGE OF ALLEGIANCE W 17- '( / r L. CONSENT AGENDA /Consider Approval of Minutes of May 9 and May 16, 1995 / reeITT Consider Approval of a Resolution Authorizing a Contract with Southwest '117 Consultants for Administration of the Community Development Block Grant for Sewer System Improvements Afilte5 PI PUBLIC HEARINGS Hold Public Hearing and Consider Approval of an Ordinance Authorizing aii 0 �I ' Change in Zoning from "I" Industrial to "R" Residential at the Request of Cornerstone Private School on a Tract of Land Located at Industrial Court and 5 37 Birmingham Street c;6-j ow _ 0,- c� V ir/64. Hold Public Hearing and Consider Approval of a Preliminary Plat and an �/1 , Ve6 Ordinance Authorizing a Change in Zoning to PD Planned Development on a Tract of Land to be Known as Westgate Phase II ACTION ITEMS �Ctle� - c9' �"�� .�' 0ti4►$Wo4/ Discuss and Consider Action Related to a Contract for Refuse Collection and / , Recycling pceep*- /4c1/ /p5/yea4-t- I "CY /-e- "9-,a Llee-..e w4i ' / Discuss and Consider Approval of an Ordinance Authorizing Amendments to the �a/715 1995 Budget ©p-di�a d-e- — S - I// z ce e/ �04Ct7. Discuss and Consider Approval of a Resolution Adopting an Investment Policy STAFF REPORTS /l/4ye e41 CITIZEN PARTICIPATION ,,// ADJOURNMENT ��( ��`'`d kYn.e d , ida2-g. Po d051• •5at5:00p.m. lie City C me l r�, ZZ Min g of G +�lr MINUTES OF THE WYLIE CITY COUNCIL May 9, 1995 CALL TO ORDER Mayor Jim Swartz called the meeting to order with the following councilmembers present: Reta Allen, Cleo Adams, Bobby Jennings, Ortie Messenger, Steve Wright, and John Mondy. No members were absent. CANVASS OF VOTES Mayor Swartz and Councilman Wright canvassed the returns of the May 6, 1995 Municipal Election and reported to the Council that the return sheet as submitted represented the results of the election as follows: PLACE ONE Joel Scott Early 33 Meth. Church 254 Southfork 16 TOTAL 303 Scott Foster Early 13 Meth. Church 205 Southfork 17 TOTAL 235 PLACE THREE John Mondy Total 415 PLACE FIVE R. Paul Hawkins Early 30 Meth. Church 127 Southfork 16 TOTAL 173 J.C. Worley Early 30 Meth. Church 321 Southfork 16 TOTAL 367 OATHS OF OFFICE Mayor Swartz administered the Oath of Office to newly elected councilmembers Joel Scott, John Mondy, and J.C. Worley who then took their seats in place of outgoing councilmembers Bobby Jennings and Ortie Messenger. ELECTION OF MAYOR PRO-TEM Allen nominated John Mondy as Mayor Pro-Tem. Adams seconded the motion. Wright nominated Adams as Mayor Pro-Tem who declined the nomination. Being no more nominations, the motion was voted on and passed with all in favor except Mondy who abstained. PRESENTATION TO WYLIE MIDDLE SCHOOL Mayor Swartz presented certificate of appreciation to the students of Wylie Middle School for their production of a mural exhibit displayed at City Hall and representing positive alternatives to drugs, stressing drug prevention awareness, and expressing a commitment to live drug free. CONSENT AGENDA (1) Minutes of April 25, 1995 (2) Requests of the Chamber of Commerce Related to Annual July Jubilee Celebration (3) an Interlocal Road Maintenance Agreement Allen pulled item (2) from the Consent Agenda. Wright made a motion to approve the remaining items. Allen seconded the motion. The motion was voted on and passed unanimously except for Worley and Scott who abstained. Regarding item (2), Allen made a motion to approve the requests of the Chamber of Commerce with the condition that the carnival end by 11:00 p.m. weeknights and midnight on Friday and Saturday nights. Adams seconded the motion. The motion was voted on and passed unanimously. CONTRACT FOR REFUSE COLLECTION AND RECYCLING Norwood explained that the contract with BFI would expire August 31st and that proposals had been received from Community Waste Disposal, Laidlaw, Waste Management and BFI. He discussed the proposal comparison attached hereto as Exhibit "A" and explained that a five year proposal was much more favorable than a two year contract. He recommended award of the contract to BFI and noted that their proposal was a substantial reduction in residential and commercial collection rates over the current rate structure. Randi Smith, Municipal Marketing Manager for BFI, discussed landfill costs, escape and cancellation clauses in the proposed contract, procedures for requesting a rate increase and customer service questions of Council. Mondy made a motion to table action pending a discussion between staff and representatives of BFI regarding quality of service. Allen seconded the motion. The motion was voted on and passed unanimously. Greg Roemer, President of CWD, made a presentation to Council regarding the qualifications and background of his company and the terms of his service proposal. A representative from Waste Management also discussed the qualifications of his company and requested Council to re-bid with a more detailed request for proposals. WORK ORDER#9 WITH HOGAN CORPORATION FOR ENGINEERING AND DESIGN OF COOPER ROAD RECONSTRUCTION PROJECT Norwood explained that the contract provided for Hogan Corporation to perform the preliminary planning and design phases of the Cooper Road street paving project from FM- 544 northward to the end of the cul-de-sac; approximately 1385 feet. He stated that the construction phase of the project was not included in the contract. Adams made a motion to approve the work order. Mondy seconded the motion. The motion was voted on and passed unanimously. WORK ORDER#10 WITH HOGAN CORPORATION FOR ENGINEERING AND DESIGN OF REGENCY DRIVE RECONSTRUCTION PROJECT Norwood explained that the contract provided for Hogan Corporation to perform the preliminary planning and design phases of the Regency Drive street paving project from FM-544 southward to the intersection of Steel Road; approximately 1000 feet. He stated that the construction phase of the project was not included in the contract. Wright made a motion to approve the work order. Adams seconded the motion. The motion was voted on and passed unanimously. EXECUTIVE SESSION AND SUBSEQUENT APPOINTMENTS TO PARK BOARD AND NORTH TEXAS MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS Upon reconvening into regular session, Allen made a motion to appoint Harry Tibbals to the North Texas Municipal Water District Board of Directors. Adams seconded the motion. The motion was voted on and passed unanimously. Wright made a motion to appoint Janet Lamb and Biff Johnson as members of the Park Board and Tommy Jones as an alternate member. Adams 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. APPROVED ATTEST 1 X/1/ ¶/ tt l Y)i YE5 Brr" � rnn y 9, /9'S PROPOSAL FOR SOLID WASTE COLLECTION COMPARISON OF PROPOSED RATES BY GROSS ANNUAL REVENUE Residential Service Current B.F.I. C.W.D. Laidlaw Waste Mgmt. Frequency & Type Rate Proposal Proposal Proposal Proposal A. 2 regular, 9.31 8.67 8.49 10.35 9.28 1 recyclable Annual Revenue 358,062 333,448 326,525 398,061 356,909 B. 1 w/polycart, N/A 7.39 8.99 8.05 8.31 1 recyclable Annual Revenue N/A 284,219 345,755 309,603 319,603 C. 2 w/polycart, N/A 8.81 10.49 10.42 10.57 1 recyclable Annual Revenue N/A 338,833 403,445 400,753 406,522 D. 1 reg.w/cart, N/A 8.95 N/A N/A N/A 1 yd.waste w/cart, 1 recyclable* Annual Revenue N/A 344,217 N/A N/A N/A Commercial Hand Collect, 2X Week 15.72 10.00 33.00 33.50 30.00 Commercial Bin Svc. 1X 2 yd bin 62.30 37.00 63.00 72.00 60.98 2X 2 yd bin 101.25 79.00 112.00 116.00 107.10 3X 2 yd bin 140.18 105.00 157.00 161.00 153.72 lX 3 yd bin 68.98 51.00 71.00 79.00 66.78 2X 3 yd bin 111.26 95.00 123.00 128.00 119.70 3X 3 yd bin 152.43 147.00 169.00 175.00 172.62 1X 4 yd bin 84.55 76.00 86.00 97.00 74.34 2X 4 yd bin 124.62 121.00 132.00 143.00 133.56 3X 4 yd bin 173.56 171.00 186.00 200.00 191.52 1X 6 yd bin 95.68 89.00 96.00 110.00 88.20 2X 6 yd bin 159.11 145.00 167.00 183.00 158.76 3X 6 yd bin 225.86 215.00 237.00 260.00 229.32 1X 8 yd bin 119.04 109.00 121.00 137.00 104.58 2X 8 yd bin 189.19 187.00 199.00 218.00 186.48 3X 8 yd bin 244.78 249.00 257.00 282.00 268.38 Total Commercial 222,357 204,276 241,416 266,952 224,304 Combined Total A 580,419 537,724 567,941 665,013 581,213 Combined Total B N/A 488,495 587,171 576,555 543,907 Combined Total C N/A 543,108 644,861 667,705 630,826 *Unsolicited alternate proposal. MINUTES OF THE WYLIE CITY COUNCIL WORKSESSION May 16, 1995 CALL TO ORDER Mayor Pro-Tern John Mondy called the meeting to order with the following councilmembers present: Reta Allen, Cleo Adams, J.C. Worley, Steve Wright, and Joel Scott. Mayor Jim Swartz was absent. WORKSESSION ITEMS Council discussed the status of the Meals on Wheels program funding and discussed methods of generating community involvement in fund raising activities. Councilmembers agreed that staff should contact Norma Sessoms with the Collin County Committee on Aging to discuss low fat and low cholesterol meals and to schedule a meeting with local business and civic groups to encourage support and solicit ideas. City Manager Steve Norwood discussed mid-year budget amendments proposed resulting in a net increase in revenues over expenditures of $19,410. He explained a separate reserve account developed for surplus funds from capital projects and noted that the sales tax receipt represented a 15 percent decrease from the previous year. Council discussed the existing fee schedule and Norwood noted that the new building official would be reviewing existing building and development fees. Fire Chief Shan English discussed proposed burn permit fees and slip fees were proposed if Council chose to annex Collin Park. MANAGEMENT UPDATE Norwood briefed Council on a meeting held with representatives of BFI regarding the refuse collection and recycling contract, discussed status of commercial fire inspections, suggested that Council consider at a future meeting a reduction in the speed limit on McCreary Road, and informed Council of an ordinance staff was in the process of researching regarding sprinklers in new residential construction. ADJOURNMENT As there was no further business to come before Council, the meeting adjourned. APPROVED ATTEST yli¢ City/ Council Agenda Communication for May 23, 1995 2 Resolution (luthorizing a Contract with Southwest Consultants ISSUE The purpose of this item is to consider approval of a contract for professional services between City of Wylie and Southwest Consultants in the administration of the 1995 Texas Community Development Program Grant. RECOMMENDATION Approval of a resolution authorizing the City Manager or his designee to execute a contract with Southwest Consultants for an amount not to exceed $20,000.00. BACKGROUND The City of Wylie was successful in its efforts to receive a $250,000 matching grant from the Texas Community Development Program for water and sewer improvements in central Wylie. The City Council approved a resolution on ????, 1994 that approved appointment of Southwest Consultants to assist in the preparation of the 1995 Grant Application and, if the grant application was successful, to serve as the grant administrator. The resolution considered by City Council would approve the contract for these services. The administration of the grant requires a substantial amount of paper work and reporting. The Texas Department of Housing and Community Affairs receives funds for the Texas Community Development Program from the federal Department of Housing and Urban Development (HUD). A recordkeeping system consistent with the program guidelines, including the establishment and maintenance of a filing system, will be developed by Southwest Consultants. The firm will also furnish the city with necessary forms and procedures required for implementation of the project. The administration of this grant should not be compared with any situations experienced with the Tornado grant. FINANCIAL CONSIDERATIONS All the projects contained in the grant must be completed within two years. The City has therefore commenced design of the projects. Costs associated with the engineering and design, as well as the grant administration, are included as part of the city's$316,000 match. The funding for the city's share was approved in the 1995 Bond Program. • LEGAL CONSIDERATIONS Consistent with State Law provisions regarding Professional Services Contracts, the City Council must approve all contracts for an amount greater than $15,000. BOARD/COMMISSION CONSIDERATIONS N/A STAFF CONSIDERATION Staff recommends approval of a contract for professional services between City of Wylie and Southwest Consultants in the administration of the 1995 Texas Community Development Program Grant. -/-q'JAL, Cla/Y14,' Submitted By Appro ed By AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF WYLIE, TEXAS AND SOUTHWEST CONSULTANTS WHEREAS, the City of Wylie, Texas, hereinafter referred to as the City, desires to engage the services of Southwest Consultants, hereinafter referred to as SWC, to provide management and administrative assistance in the administration of a Texas Community Development Program(TCDP)grant from the Texas Department of Housing and Community Affairs(TDHCA)under the 1995 program; and WHEREAS, SWC agrees to provide such management and administrative assistance in the implementation of the City's 1995 TCDP Community Development Fund project; WHEREAS THIS AGREEMENT, entered into by and between the City, acting herein by the duly elected Mayor, and SWC, acting herein by a duly appointed officer; NOW THEREFORE, both parties agree as follows: L TIME OF PERFORMANCE The services of SWC shall commence on the acceptance of this contract by the City. In any event, all of the services required and performed hereunder shall be completed no later than the end date of the 1995 TCDP Community Development Fund Contract between the City of Wylie and the Texas Department of Housing and Community Affairs, subject to Part IV-B of this contract. II. SCOPE OF SERVICES SWC shall provide the following professional services under this agreement: A. Program Management (1) During the course of the project, SWC will provide general advice with respect to the implementation of the project and regulatory matters. (2) Furnish the City with necessary forms and procedures required for implementation of the project. (3) As a normal part of the services, SWC will also implement an on-going training program for City personnel who will be directly involved in the program to assist them in handling any routine and daily tasks they may be required to perform. (4) Assist the City in developing a recordkeeping system consistent with the program guidelines, including the establishment and maintenance of a filing system. Page 1 of 10 (5) SWC will serve as liaison for the City during any monitoring visit by staff representatives from either TDHCA or the U.S. Department of Housing and Urban Development(HUD). SWC will provide a representative for any scheduled monitoring visit(s), provided the City gives sufficient notice of such visit(s). (6) SWC will assist the City in meeting all special condition requirements. (7) SWC will prepare and submit to TDHCA all required periodic progress and compliance reports. (8) SWC will assist the City in meeting citizen participation, fair housing, personnel and flood prevention requirements as may be required for participation in the TCDP. It is understood,however, that SWC shall be compensated, in addition to the fee prescribed herein, if the preparation of any fair housing ordinance/resolution, personnel policy manual, or flood prevention ordinance is required. B. Financial Management (1) SWC will assist the City in proving its ability in managing the grant funds to the state's audit division and assist in the establishment of a simple but satisfactory accounting system (2) SWC will assist or instruct the City in establishing a separate bank account,journals, ledgers, and a policy to retain all files for a period of not less than three(3)years from close-out. (3) SWC will assist the City in submitting the required accounting system certification letter and the depository/authorized signatory form to TDHCA. (4) SWC will order all fund drawdowns on behalf of the City as they are needed in order to ensure orderly, timely payments to all contracting parties. (5) SWC will submit all interim financial reports as required. (6) SWC will not complete the following without additional compensation: (a)obtain appropriate surety bond;(b)be responsible for internal control; (c)provide day-to-day maintenance of records and files; (d)draft checks; (e)pay invoices; (f)enter transactions in books; (g)reconcile bank statements;or(h)establish and administer procurement procedures. C. Environmental Review (1) SWC will assist the City in meeting all environmental clearance procedures required by TDHCA, including the preparation of a preliminary environmental assessment and consideration of any historic and flood plain concerns. SWC shall not be required to conduct any needed Environmental Impact Statement. Any environmental related problems identified through the preliminary environmental assessment shall be resolved entirely by the City. Page 2 of 10 (2) The City shall be required to advertise/publicize the environmental clearances/public notices and to execute the required certifications for submittal to TDHCA. SWC will provide advice and instruction for such notices and certifications. D. Labor Standards and Equal Opportunity (1) SWC will assist the City in meeting the labor standards and equal opportunity requirements of the program by reviewing all contract documents, providing proper notices to TDHCA, conducting preconstruction conferences, providing job site posters, securing prevailing wage rates, and reviewing payroll reports. (2) SWC will furnish the local businesses and/or contractor(s)involved with the project all necessary forms and documents necessary for their execution as may be required by TDHCA in order to fulfill their requirements in the program. This will include Section 3 Affirmative Action Plans, special wage classification requests, equal opportunity, labor standards and prevailing wage requirements, and Section 504 Handicapped Affirmative Action. (3) The City shall be responsible for conducting periodic on-site employee interviews and job-site monitoring visits, at least once a month. E. Close-Out and Audit Reports (I) SWC will prepare a final performance report(Project Completion Report) along with the required close-out documents for submission to TDHCA for close-out of the program. (2) SWC will provide the City's auditor with adequate information and audit guidelines for conducting an official audit report of the grant funds. (3) SWC will conduct, prior to the auditor compiling his official audit report, any necessary exit conferences with the auditor in order to rectify or explain any negative finding(s)that may have arisen during the audit. In the event any finding cannot be adequately resolved with the auditor, SWC will determine the basis for the finding, and if a satisfactory response to the finding can be made, include it in the audit report to mitigate its adverse effects. F. Miscellaneous (1) SWC will assist the City in the procurement of professional consulting engineering services through the request for proposal process, if applicable, and as required by the TCDP regulations. (2) SWC will furnish the City with property acquisition procedures, should real property acquisition activities be required, in accordance with program requirements. It is understood that these acquisition services are limited to the provision of procedures and instructions. Actual acquisition assistance is not included as a part of this agreement and any and all assistance provided in addition to that of providing forms, procedures, and general guidance shall be compensable in addition to the fee established herein. Page 3 of 10 (3) SWC will be compensated, in addition to the fee established herein,by separate agreement(to be attached hereto as an addendum to this agreement, if applicable)for administration of any housing program activities such as rehabilitation, demolition, relocation, or code enforcement. III. COMPENSATION A. The City agrees to compensate SWC as a base price the sum of Twenty Thousand Dollars ($20,000.00) for its services set out in Part II, according to the following schedule: An initial payment of One Thousand Two Hundred Dollars ($1,200.00), to be paid upon signing of this agreement. Twenty two additional monthly payments of Eight Hundred Dollars($800.00). A fmal payment of One Thousand Two Hundred Dollars($1,200.00)to be paid upon final closeout of the contract between the City and TDHCA. B. If the project is closed out prior to completion of all payments due, the remaining balance shall be paid upon closeout. If the project is not completed prior to payment of all installments due, the final payment shall be withheld by the City until completion of the project. C. Any additional services desired by the City and not associated with the general services described in Part II shall be billed at Forty Five Dollars($45.00)per hour, which includes travel and clerical costs, unless a formal addendum indicating otherwise has been executed by both parties. IV. GENERAL PROVISIONS A. The City agrees to provide adequate staff support, resources and general cooperation, including publishing notices and holding meetings, throughout the term of the program to ensure completion of the project. B. All services provided by SWC under this agreement shall be provided during the course of the program, but in no event shall SWC be obligated to provide these services longer than Part I of this contract permits. Should the project contract be extended past the the termination date,then SWC will be compensated an additional amount not to exceed ten percent(10%)over and above the compensation amount established in Part III above. C. This agreement provides services and requires compensation based on the original scope of work as outlined in the 1995 TCDP application. Should the scope of work be so amended to require SWC to provide additional and/or duplicated services, SWC shall be compensated in accordance with any executed addendum or in accordance with the hourly rate as specified in Part III, COMPENSATION, of this agreement. D. This contract is fully performable in the county in which the City is located and any dispute hereunder shall be resolved in the courts of that county. Page 4 of 10 TCDP TERMS AND CONDITIONS 1. Termination of Contract for Cause — If, through any cause, SWC shall fail to fulfill in a timely and proper manner the obligations under this Contract, or if SWC shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to SWC of such termination and specifying the effective date thereof, at least ten days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by SWC under this Contract shall, at the option of the City, become its property and SWC shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, SWC shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by SWC, and the City may withhold any payments to SWC for the purpose of set-off until such time as the exact amount of damages due the City from SWC is determined. 2. Termination for Convenience of the City— The City ,may terminate this Contract at any time by giving at least ten (10) days notice in writing to SWC. If the Contract is terminated by the City as provided herein, SWC will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of SWC, Paragraph 1 hereof relative to termination shall apply. 3. Changes — The City may, from time to time, request changes in the scope of the services of SWC to be performed hereunder. Such changes, including any increase or decrease in the amount of SWC's compensation, which are mutually agreed upon by and between the City and SWC, shall be incorporated in written amendments to this Contract. 4. Personnel (a) SWC represents that the firm has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. (b) All of the services required hereunder will be performed by SWC or under the firmis supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. (c) None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Contract. 5. Assignability — SWC shall not assign any interest on this Contract and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City thereto: Provided, however, that claims for money by SWC from the City under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City. Page 5 of 10 6. Reports and Information— SWC, at such times and in such forms as the City may require, shall furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 7. Records and Audits — SWC shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both Federal and non-Federal shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained for three(3)years after the expiration of this Contract unless permission to destroy them is granted by the City. 8. Findings Confidential — All of the reports, information, data, etc., prepared or assembled by SWC under this contract are confidential and SWC agrees that they shall not be made available to any individual or organization without the prior written approval of the City. 9. Copyright — No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of SWC. 10. Compliance with Local Laws — SWC shall comply with all applicable laws, ordinances and codes of the State and local governments, and SWC shall save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. 11. Equal Employment Opportunity — During the performance of this Contract, SWC agrees as follows: (a) SWC will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin. SWC will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, or national origin. Such action shall include but not be limited to the following: employment, upgrading, promotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship SWC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (b) SWC will, in all solicitation or advertisements for employees placed by or on behalf of SWC, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national original. (c) SWC will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (d) SWC will include the provisions of the paragraphs (a)through (c) in every subcontract or purchase order unless exempted 12. Civil Rights Act of 1964 — Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Page 6 of 10 13. Section 109 of the Housing and Community Development Act of 1974 — No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 14. "Section 3" Compliance in the Provision of Training,Employment and Business Opportunities (a) The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. (b) The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R. 235, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (c) SWC will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (d) SWC will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal fmancial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. SWC will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (e) Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135. Page 7 of 10 15. Section 503 Handicapped(if$2,500 or Over)Affirmative Action for Handicapped Workers. (a) SWC will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. SWC agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: , demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) SWC agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (c) In the event of SWC's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (d) SWC agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state SWC's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. 16. Interest of Members of a City — No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and SWC shall take appropriate steps to assure compliance. 17. Interest of Other Local Public Officials— No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and SWC shall take appropriate steps to assure compliance. 18. Interest of Consultant and Employees — SWC covenants that the firm presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his/her services hereunder. SWC further covenants that in the performance of this Contract, no person having any such interest shall be employed. Page 8 of 10 GENERAL COVENANTS 1. Time of Performance — The services of SWC shall commence on the date that the agreement for professional services is adopted by the City. All of the services required and performed shall be completed no later than the TCDP contract termination date, unless said date is formally extended. 2. Access to Information — It is agreed that all information, data, reports, records, and maps as are existing, available, and necessary for the carrying out the project shall be furnished to SWC by the City and its agencies. No charge will be made to SWC for such information and the City and its agencies will cooperate with SWC in every way possible to facilitate the performance of the work described in the contract. 3. Indemnification — SWC shall comply with the requirements of all applicable laws, rules and regulations, and shall exonerate, indemnify and hold harmless the City and its agency members from and against them, and shall assume full responsibility for payments of federal, state and local taxes on contributions imposed or required under the social security, workers' compensation and income tax laws. 4. Miscellaneous Provisions (a) This agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in the county or counties in which the City is located. (b) This agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this agreement. (c) In case one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof. (d) If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attomey's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. (e) This agreement may be amended by mutual agreement of the parties hereto and a writing to be attached to and incorporated unto this agreement. (f) The City agrees to timely provide such information as may be requested by SWC for the project, hold meetings as needed, to publish such notices as may be required, and to provide any other needed information or action. (g) The City shall forever hold SWC or any of its officers, employees or associates harmless of and from any claims, demands, suits, actions, causes of action, liability and expenses, all of any kind or type whatsoever, including, but not limited to, attomey's fees and expenses incurred in defense thereof, arising either directly or indirectly from SWC's business association with City, excepting only a breach of this agreement by SWC. In no event shall SWC's liability exceed the total amount of compensation paid to SWC under the terms of this agreement. Page 9 of 10 V. ACCEPTANCE ACCEPTED, APPROVED, EXECUTED, and ENTERED into this agreement by the authorized parties as signed below on this_day of , 1995. CITY OF WYLIE SOUTHWEST CONSULTANTS Mayor Lee Lawrence, Partner City Secretary Pat Dillon, Partner Page 10 of 10 # ihK�a Comlln�unica# ono ' May 23,; 955 Consider Ei pro rai of an + rdinan+ce Authorizhiq ZoIne(hang¢ Issue Discuss and consider approval for a request from The Cornerstone Private School for a zone change from I to R for the properties located at the northwest corner of Industrial Court and Birmingham Street (1.2 acres), also described as Lot 13 of Railroad Industrial Park and unplatted acreage in Abstract 820, Tract 32 Background Melissa Abbott, owner of the Cornerstone Private School wishes to rezone this property in order to relocate and build a new daycare center. Board/Commission Recommendations The Planning and Zoning Commission voted to recommend to the City Council a request from Melissa Abbott to rezone this property at the May 15, 1995 Planning & Zoning Meeting. Staff Recommendations City Staff recommends approval Attachments Attached are P & Z minutes and packet. )'14/A4-C-( 1 Prepared By Approved By ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF LOT 13 OF RAILROAD INDUSTRIAL PARK, AND ACREAGE IN ABSTRACT 820, TRACT 32, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 120 SOUTH BIRMINGHAM, FROM "I" INDUSTRIAL TO "R" RETAIL; AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 85-23A); AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13); AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the zoning of the property herinafter described is presently zoned as "I" Industrial; and, WHEREAS, the owners of the property have properly filed a request with the City to change the zoning classification from "I" Industrial to "R" Retail; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the request for change in zoning classification be granted; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed change and determined that the change should be granted; WHEREAS, the City Council has determined, in its legislative capacity, that the proposed change is appropriate and in the best interest of the orderly development of the City in that it is based on recognition of changed or changing conditions or circumstances in the locality and/or recognizes changes in technology, the style of living, or manner of doing business, as required by Section 35.1 of the Comprehensive Zoning Ordinance and therefore not in derogation of any of the purposes therein expressed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following described property, commonly described as 120 South Birmingham, to wit: Lot 13 of Railroad Industrial Park and acreage in Abstract 820, Tract 32 of Wylie, Collin County, Texas from "I" Industrial to "R" Retail. SECTION II That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION III Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1995. By James D. Swartz Mayor ATTEST Mary Nichols City Secretary Approved City Attorney MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on May 15, 1995, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord ,Vice-Chairman, Rich Eckman, John Crowe, Stuart Allison, Steve Ahrens, Cecilia Wood, and Tim Owen. ABSENT: All present STAFF MEMBERS PRESENT: Building Inspector, March Coover and Technical Coordinator, Lisa Price ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from April 17, 1995 Regular Business Meeting. A motion was made by Rich Eckman and seconded by Stuart Allison to approve the Minutes as submitted. Motion carried, all in favor (7 votes). PUBLIC HEARING ITEM NO. 2: Hold Public Hearing and consider a recommendation to the City Council a request from The Cornerstone Private School for a zone change of the properties located at the northwest corner of Industrial Court and Birmingham Street (1.2 acres) from Ito R, and further described as Lot 13 of Railroad Industrial Park and unplatted acreage in Abstract 820, Tract 32. Melissa Abbott of 400 Dogwood and owner of Cornerstone spoke in favor of the zone change. This property is centrally located with access to both Highway 78 and F.M. 544. This will be a facility of the '90's with a learning environment inside and out, with four separate age-appropriate playgrounds. There is no other daycare like this located in the Wylie area, with this being a state of the art 10,000 square foot, $500,000 building to add to the tax base. Cecilia Wood questioned whether the Industrial zoning surrounding the property poses any problems, and if not now, what about future industrial growth. Stuart Allison questioned the capacity(240 students)which would make approximately 120 cars travelling in a highly congested area in early mornings and late afternoons, with no traffic signals at this intersection, and no plans to widen Birmingham. John Crowe also expressed concerns over the daycare being located in the middle of an Industrial area. A motion was made by John Crowe and seconded by Rich Eckman to recommend to City Council for approval of this zone change request. Motion carried, 5 in favor, 2 against - Cecilia Wood and Stuart Allison. (7 votes). ITEM NO. 3: Discuss and consider a recommendation to the City Council for approval of a Preliminary Plat submitted by The Cornerstone Private School for the properties located at the northwest corner of Industrial Court and Birmingham Street (1.2 acres). Discussion began by Cecilia Wood for rezoning 3 lots to the north of the daycare location. Bart Peddicord stated he liked to see Wylie moving ahead with this tune of school at this location. Motion made by John Crowe and seconded by Rich Eckman to recommend to City Council for approval of Preliminary Plat. Motion passed, 5 in favor, 2 against - Cecilia Wood and Stuart Allison. (7 votes). ITEM NO. 4: Hold Public Hearing and consider a recommendation to the City Council a request from F.M. 3412,Inc. (Jim Meara, Managing Partner) for a zone change from SF-3 to PD for a tract of land (8.28 acres)to be platted as Westgate Phase II, south of Westgate Phase 1 and north of the Kansas City Southern Railroad, and further described as: Abstract 266,E.C. Davidson Survey,Blocks 10 and 11. Steve Heniford, Engineer with Rust, Lichliter/Jameson, representing Jim Meara and F.M. 3412 spoke in favor of this zone change. The Developer's intent is to develop this area in the same manner as what exists on the west side of Westgate Way. D.R. Horton will also build homes in this area. Cecilia Wood had a question about the overflow swale in the southeast corner of the property. Mr. Heniford explained that when the new road way is constructed there will be a sag in the turn in the street where all the drainage that bypasses the inlets in the existing storm sewer system collects, and in case the storm system clogs the water has a way to get out of the street and pass between the lots without inundating the homeowners. The plans are for this to be a small shallow grass ditch that runs between the two homes. Steve Ahrens requests this ditch to be constructed out of concrete to alleviate any possible erosion problems. A person from the audience asked if these homes would be zero lot line homes, and Building Inspector, March Coover advised the Board that this PD would have the same setback requirements as the existing PD on the west side. A motion was made by Stuart Allison and seconded by Steve Ahrens to recommend to the City Council approval of this zone change. Motion passed with all in favor (7 votes). ITEM NO. 5: Discuss and consider a recommendation to the City Council for approval of a Preliminary Plat submitted by F.M. 3412,Inc. for a tract of land (8.28 acres) to be platted as Westgate Phase II, located south of Westgate Phase 1 and north of the Kansas City Southern Railroad. John Crowe questioned the purpose of going from a SF-3 zoning to a PD. Inspector March Coover said that the Developer's purpose was to build a bigger home than the existing SF-3 setbacks currently allowed. The City's most lenient setback on a side yard is only 6 feet. The proposed PD would have a 5 foot side yard setback, 20 foot front setback, and 20 foot rear setback. This would give the builder greater flexibility. A motion was made by Stuart Allison and seconded by Steve Ahrens to recommend to the City Council approval of the Preliminary Plat subject to making the overflow swale between lots 21 and 22 of Block 10 a concrete ditch. Motion passed with all in favor(7 votes). At this time, Board members had some questions that they wanted to discuss at the next Planning and Zoning meeting. Some mis-information has been given to people to start out with such, as certain zoning that was needed, etc. Also to discuss possible re-zoning of 3 lots north of the proposed Cornerstone Private School location. ADJOURN: A motion was made by Steve Ahrens and seconded by Stuart Allison to adjourn. Motion carried, all in favor(7 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: Bart Peddicord, Chairman Lisa Price, Technical Coordinator • MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on April 17, 1995, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North,Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord ,Rich Eckman, Stuart Allison, Steve Ahrens, and Tim Owen. ABSENT: Cecilia Wood and John Crowe, excused. STAFF MEMBERS PRESENT: Kirsten Fresh ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from April 3, 1995 Regular Business Meeting. A motion was made by Steve Ahrens and seconded by Tim Owen to approve the Minutes as corrected to reflect the proper vote on Public Hearing item number two (2). Motion carried, all in favor(5 votes). • ITEM NO. 2: Discuss and consider a recommendation to the City Council for approval of a preliminary and final plat submitted by Wylie I.S.D. for the property at FM 1378 and FM 544 for the new high school. The Commission wanted clarification on what certain areas on the floor.plan were. It was explained that the building was set up for expansion and the gray areas were to reflect those'places where expansion could take place if needed. Parking access, the widen of FM 1378 and a traffic signal being installed at the intersection of FM 1378 and FM 544 were discussed as well. A motion was made by Tim Owen and seconded by Steve Ahrens to recommend to the City Council an approval of a preliminary and final plat for the new high school. Motion passed, all in favor(5 votes). ADJOURN: A motion was made by Steve Ahrens and seconded by Rich Eckman to adjourn. Motion carried, all in favor(5 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: • Bart Peddicord, Chairman Kirsten Fresh, Secretary Page i of 2 (5/93) CITY OF WYLIE P.O. BOX 428 Wylie, TX 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee 3 57Date April 19 , 1995 Applicant The Cornerstone Private School Phone No. 442-6495 Mailing Address: 216 N Rustic Trails Wylie Work No. 442--649c LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional spade is needed for description, the description may be put on a separate sheet and attached hereto.)1 I hereby request that the above described property be changed from its present zoning which Is zna ns t r i R 1 , District Classification to Retail District Classification forthe following reasons: (attach separate sheet if necessary) There (are) (are not) deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser . xxxx. I have attached hereto as Exhibit "A" a plat showing the property which is the subject Of this requested zoning change and have read the following concerning the importance of my Submitting to the City a sufficient legal description. Signed £'�� Page 2 of 2 Note: 1 The legal description is used to publish notice of .the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a Surveyor or his attorney approve his legal description. Failure to do so by the applicant may result In delay In passage of the final ordinance or the ordinance being declared invalid at some later date because of an Insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. PROPERTY DESCRIPTION Being a tract of land situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas, and being all of the same tract of land conveyed to Raymond B. Cooper by deed recorded in Volume 1739, Page 223, Deed Records, Collin County, Texas, and being all of the same tract of land conveyed to Raymond B. Cooper by deed recorded in Volume 1901, Page 540, Deed Records, Collin County, Texas, and being a portion of a 1.483 acre tract of land conveyed to Raymond B. Cooper by deed recorded in Volume 918, Page 519, Deed Records, Collin County, Texas, and being a portion of a tract of land conveyed to Raymond B. Cooper by deed recorded in Volume 868, Page 626, Deed Records, Collin County, Texas, and being all of Lot 13 in Railroad Industrial Park, an Addition to the City of Wylie, Texas, according to the Map thereof recorded in Volume C, Page 748, Map Records, Collin County, Texas, and being more particularly described as follows: Beginning at an 112 inch iron rod set for the intersection of the north right-of-way line of Industrial Court (50' R.O.W.) and the west right-of-way line of Birmingham Street (40'R.O.W.); Thence S 79°49'55" W, a distance of 147.69 feet to a 1/2 inch iron rod found for the beginning of a curve to the left from which the radius point bears S 10°10'05" E, a distance of 158.35 feet; Thence, along said curve to the left, through a central angle of 23°21'22", an arc length of 64.55 feet to a 112 inch iron rod set for the most easterly corner of Lot 12 in Railroad Industrial Park, an Addition to the City of Wylie, Texas, according to the Map thereof recorded in Volume C,Page 748,Map Records, Collin County, Texas; Thence, N 33°31'38" IV, along the northeast line of said Lot 12, a distance of 129.55 feet to a 1/2 inch iron rod found for the most northerly corner of said Lot 12 in the easterly right-of-way line of the St. Louis Southwestern Railroad (100'R.O.W.) and in a curve to the left from which the radius point bears N 68°21'11" W, a distance of 1488.68 feet; Thence, along said curve to the left and said railroad right-of-way line, through a central angle of 13°13'12", an arc length of 343.48 feet to a 1/2 inch iron rod set for the northwest corner of aforementioned 1.483 acre tract; Thence, N 86°31'25"E, along the north line of said 1.483 acre tract, a distance of 22.19 feet to a 1/2 inch iron rod set for the northeast corner of said 1.483 acre tract and the northwest corner of the St. Louis Railroad; Thence, S 03°32'20" E, along the west line of said Railroad Tract, the west line of a tract of land conveyed to Jesse James by deed recorded in Volume 2557, Page 997, Collin County, Texas, the west line of a tract of land conveyed to Richard Parker by deed recorded in Volume 3743, Page 169, Deed Records, Collin County, Texas, and the west line of a tract of land conveyed to Jose Barbosa by deed recorded in Volume 1501, Page 80, Deed Records, Collin County, Texas, to a 1/2 inch iron rod set for the southwest corner of said Barbosa Tract; Thence, N 86°12'22"E, along the south line of said Barbosa Tract to a 1/2 inch iron rod set for the southeast corner of said Barbosa Tract in the west right-of-way line of said Birmingham Street; Thence, S 11°17'10"E, along said west right-of-way line, a distance of 139.90 feet to the Point of Beginning and containing 52,271 square feet or 1.200 acres of land. The Cornerstone Private School 216 N. Rustic Trails Wylie, Texas 75098 442-6495 April 18 , 1995 Dear Chairman of The Planning and Zoning Committee , Fn : .losed is ill`' request for the reolat and the application of rezoning of named properties . I feel this location for a new state-of-the-art Child care facility will greatly benefit the families of Wylie and surrounding communities specifically in the area of convenience . The location off of Highway 78 will give parents greater acce.ssabiiity , visabilty , and consolidation of The Cornerstone Private Schools not to mention the lastest technology in the child Care Industry . Sincerly , `7771-% Melissa Abbott Director I l,' • Il �d•� tl't LLlYlt1' L 1 c • %., 41 u.1 1 ' 21-1_15 6 ro t --r VICMI_ r Ijf2HE�kN1 1 e• - 4 4 lo1/k:4t. i.3.4n j •r• 51+2 57~.l. lr1_ __,. 6 - 1 }y1 . , 1 1 . 1° J - y JC NREYMEF w w HWT. NO t•It r _ 231 AC — • - /' 'r '+ • _ ERE NHEYHER -- .-.. 1 I Jt j0 et ,t I 1r AE THE ray � 4 n O u +Y 2r AC , •NC JEii RIES ' >;TK[[� B E6 AC. u 0 W N .•/• --Pr-r1,-r. -1„ a !VIM �riaCIIIc "l r' ,° . .4• _ • s. - •r 11 ..r 'l' • • r �.. _ O I_. • • .! , • • t e stettt t ••.• iii I j•d r r y , t J F I t t K 7 0 M r_ l r' iiiglikr f •rrl q •. -T ® � v1 ,n_ w o , 1�•--4 , ,4 Ardilltii* if) . . .,,. ,e . . 1 ; --; g;. Ili Ea . , NI . I. Op T •• ' r . w II a . n p Mit ' ~ :4--. , f1I n , ct tr AIIfL[ Mt St N[l t f .,� •:17:::y .. z.,I.,.;I:,i64k." '''. "INS' ., -..1.:: -.** 7,it' . - ' • `, :e.. YAREIE • o Or • '• �I t R •, '• 1 -n _ 17_ 4-„, , ..t � (�.• nT„ „'/• r r w r t 0 A K Ttr O feet T Pli OAK ft • fOjiliii.LIMI --Tii = � I• ' l° II `1r, f ° i>; •'; . r y ��= to • _ f1 ' •41 _ •1 1ill 0 .,,,,...;!_er,.s., :: : : I Illhi.i . 1.1111101i . • / ' IIUOT E7. A V[NUEE:- �- 1 ,� _ —nT�EIIJOilttll E • QMAft[K!T• (/'tom v, r• II 111 „q • ibu. Y 1 I a fill CA a MI M, Bik. /` A`��� r. ,11 ..r•••1,' ! I' 16 Hi412,HZ7H2la 19IB I716 ') ■r .•,L i ! R. — t •e. 11I11 r V.. .• 102�2� A�� it"D11I� ►L[rlNoflt. � S — Y / q7� a -TIliaan A B "1 B BA i re c II•® ■ - MINIM r mil °•, ' ' ro .T1 t ti.,---#• 171 7 , .• _ul • �* r( is • a ,. t • ,• , r , • • • N •• 'y )]`r //tAL7 r 1 tiiiii di ' s _ t• t n . .,_ n . t;rjp1.V • / / TE v® • 1 .1 1J+ . v 11 • W`n • 'n t• /0, • r• CALLOWATT St•IIt 2 ';' • ,r • t a '1— , H t• '-� s.M w �, - 'If f 1� --ir-1 • . ,° , • r • . ,• / r.P •• '� • v Y -•I` Lr , = r 1 It 4•Al ,,r Z Lr M J•MESI 1. - __ - - M N A HUCHS �,WPM" < ._° ...S S • ,._ , w Ill•C -fi- . • sr • • r 11 II ril• •i• H•Aw-f--("Trzi • •x.-•r y •TI• N t ;• I O AC C O l l[f[ S f •i II[t,. C • N f TA ,r • 1. 1' ® Val 1• 11 f tl " r 1• ,,�� ..• V. :E,T a' NM - COOP[R Or11Vt"- +GREEr G. ' 2 „ » •1 a ,r w u .° •.r a• r• e.,"e•,.I`:`: ,i �6\�1,t�t11 • ) •I• •A ro e A It - --- ---- _- :.. r° j •. •° i �EI/pAICN:•••-. WILLIAM 1. ~ �r1r - • r L w 1• h ,• - r t- • 11I / rj/ t .`..,•. AC. .� .,. I•wn r 1.31' IErt,HIU,S t1 MIT '( '34- ,it. • 4 p AC .tut • 1 A n ,• • r _. .,::..' . W w » •_- • I, --�i a // t I R 1 4. • y • . :11 a 1 1 ' ' 1 Atio, 5 D 1 9!eC I' •. N t • f w v w ; w • • f= Ir •• e of 1 1.440 CO LUMIKP O� +� =1f.— >�- -- •,•i F K • _ i MEO C . t AV 1.1011 WE 112 AC. y • Id t• • N t•l: VIM t 3- (q_ 1 , ' iii 10:111111 r + swltt �- _ • • �� ,.. � I' "� 29 E � 1, 13 Q 3 i' �. , 1 11.1 y W KIAIT • •1 t• .14,1,` t wr ,,I 4 _ ►LfT „t kLfT e�i11[IT , ._ ilk dovir J � -..f �'r .1 ° •f Z>r •. �...!11 ••1 ., , 1••' tr „ 101 — •� 1 ,,, '111.1 csn_ ! cL l'rr_ v R1 - 2 -�, I\ 3 �._ H _ an �>d _>' •, 1, o mil ,e. -... E. lTorL SI01EV 1 _ 1 • s • t E.STOW, / f r t �M • 1 1• I»•' '- tlff•L! ••IEIVIN ST.J?N t� 31 !'lO�oaooO� T; • 1.001 : M irl1� i • of 12 11 — Je� O• • • • ° r I11AOA�a1o11.• I A `elk I Adn 1 •. r.f ,. jit . 14 . c,`/•, 4A lt2 3'c• ' eurc.w___h—^ t • . . . . . „... . .,.: .,.,.y., .„ ..... .. . . ... ,. :., II : Cou r 1 . EigQndal Communkation for Mary Z3, 1995 Consic r fi proval of a P'ralinrinary Plat and ardinann¢ (uthorizing Zone Cho. nge Issue Discuss and consider approval for a request from F.M. 3412, Inc. (Jim Meara, Managing Partner) for a zone change from SF-3 to PD for a tract of land (8.28 acres) south of Westgate Phase I and north of the Kansas City Southern Railroad, and also described as Abstract 266, E.C. Davidson Survey, Blocks 10 and 11. Background Jim Meara, Managing Partner of F.M. 3412, Inc. wishes to rezone his property to have the same setback restrictions as were approved in the PD zoned lots D.R. Horton is currently building on in Westgate Phase I. This will allow D.R. Horton Custom Homes to continue to build in Wylie. Board/Commission Recommendations The Planning and Zoning Commission voted to recommend to the City Council a request from F.M. 4312, Inc. to rezone this property at the May 15, 1995 Planning & Zoning Meeting. Staff Recommendations City Staff recommends approval Attachments Attached are P & Z minutes and packet. )/4,,,,,,LCV,_ Z67-1-,---(L- Prepared By i Approved By MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on May 15, 1995, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord ,Vice-Chairman, Rich Eckman, John Crowe, Stuart Allison, Steve Ahrens, Cecilia Wood, and Tim Owen. ABSENT: All present STAFF MEMBERS PRESENT: Building Inspector, March Coover and Technical Coordinator, Lisa Price ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from April 17, 1995 Regular Business Meeting. A motion was made by Rich Eckman and seconded by Stuart Allison to approve the Minutes as submitted. Motion carried, all in favor (7 votes). PUBLIC HEARING ITEM NO. 2: Hold Public Hearing and consider a recommendation to the City Council a request from The Cornerstone Private School for a zone change of the properties located at the northwest corner of Industrial Court and Birmingham Street (1.2 acres) from Ito R, and further described as Lot 13 of Railroad Industrial Park and unplatted acreage in Abstract 820, Tract 32. Melissa Abbott of 400 Dogwood and owner of Cornerstone spoke in favor of the zone change. This property is centrally located with access to both Highway 78 and F.M. 544. This will be a facility of the '90's with a learning environment inside and out, with four separate age-appropriate playgrounds. There is no other daycare like this located in the Wylie area, with this being a state of the art 10,000 square foot, $500,000 building to add to the tax base. Cecilia Wood questioned whether the Industrial zoning surrounding the property poses any problems, and if not now, what about future industrial growth. Stuart Allison questioned the capacity(240 students)which would make approximately 120 cars travelling in a highly congested area in early mornings and late afternoons, with no traffic signals at this intersection, and no plans to widen Birmingham. John Crowe also expressed concerns over the daycare being located in the middle of an Industrial area. A motion was made by John Crowe and seconded by Rich Eckman to recommend to City Council for approval of this zone change request. Motion carried, 5 in favor, 2 against - Cecilia Wood and Stuart Allison. (7 votes). ITEM NO.3: Discuss and consider a recommendation to the City Council for approval of a Preliminary Plat submitted by The Cornerstone Private School for the properties located at the northwest corner of Industrial Court and Birmingham Street (1.2 acres). Discussion began by Cecilia Wood for rezoning 3 lots to the north of the daycare location. Bart Peddicord stated he liked to see Wylie moving ahead with this time of school at this location. Motion made by John Crowe and seconded by Rich Eckman to recommend to City Council for approval of Preliminary Plat. Motion passed, 5 in favor, 2 against - Cecilia Wood and Stuart Allison. (7 votes). ITEM NO. 4: Hold Public Hearing and consider a recommendation to the City Council a request from F.M. 3412, Inc. (Jim Meara, Managing Partner) for a zone change from SF-3 to PD for a tract of land (8.28 acres)to be platted as Westgate Phase II, south of Westgate Phase 1 and north of the Kansas City Southern Railroad, and further described as: Abstract 266,E.C. Davidson Survey,Blocks 10 and 11. Steve Heniford, Engineer with Rust, Lichliter/Jameson, representing Jim Meara and F.M. 3412 spoke in favor of this zone change. The Developer's intent is to develop this area in the same manner as what exists on the west side of Westgate Way. D.R. Horton will also build homes in this area. Cecilia Wood had a question about the overflow swale in the southeast corner of the property. Mr. Heniford explained that when the new road way is constructed there will be a sag in the turn in the street where all the drainage that bypasses the inlets in the existing storm sewer system collects, and in case the storm system clogs the water has a way to get out of the street and pass between the lots without inundating the homeowners. The plans are for this to be a small shallow grass ditch that runs between the two homes. Steve Ahrens requests this ditch to be constructed out of concrete to alleviate any possible erosion problems. A person from the audience asked if these homes would be zero lot line homes, and Building Inspector, March Coover advised the Board that this PD would have the same setback requirements as the existing PD on the west side. A motion was made by Stuart Allison and seconded by Steve Ahrens to recommend to the City Council approval of this zone change. Motion passed with all in favor (7 votes). ITEM NO. 5: Discuss and consider a recommendation to the City Council for approval of a Preliminary Plat submitted by F.M. 3412, Inc. for a tract of land (8.28 acres) to be platted as Westgate Phase II, located south of Westgate Phase 1 and north of the Kansas City Southern Railroad. John Crowe questioned the purpose of going from a SF-3 zoning to a PD. Inspector March Coover said that the Developer's purpose was to build a bigger home than the existing SF-3 setbacks currently allowed. The City's most lenient setback on a side yard is only 6 feet. The proposed PD would have a 5 foot side yard setback, 20 foot front setback, and 20 foot rear setback. This would give the builder greater flexibility. A motion was made by Stuart Allison and seconded by Steve Ahrens to recommend to the City Council approval of the Preliminary Plat subject to making the overflow swale between lots 21 and 22 of Block 10 a concrete ditch. Motion passed with all in favor(7 votes). At this time, Board members had some questions that they wanted to discuss at the next Planning and Zoning meeting. Some mis-information has been given to people to start out with such, as certain zoning that was needed, etc. Also to discuss possible re-zoning of 3 lots north of the proposed Cornerstone Private School location. ADJOURN: A motion was made by Steve Ahrens and seconded by Stuart Allison to adjourn. Motion carried, all in favor(7 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: Bart Peddicord, Chairman Lisa Price, Technical Coordinator �I /3, /9Q .. P&Z 93-2-Z/FP PUBLIC HEARING, REPLAT, AND ORDINANCE AUTHORIZING CHANGE IN ZONING FROM MULTI-FAMILY TO PD PLANNED DEVELOPMENT ON A PORTIO OF WESTGATE PHASE ONE 5 Council considered approval of a request from Jim Meara, FM-3412 Venture, to replat 76 duplex lots into 48 single family lots and to rezone the lots to planned development with a single family land use. The lots proposed would comply generally with SF-3 requirements of the Comprehensive Zoning Ordinance with exception to side and rear setback requirements and the minimum dwelling size proposed as 1450 square feet. 10 City Manager Steve Norwood addressed written requests of Meara related to the development as follows: (1) recommended denial of Meara's request for the City to pave the remainder 15 of Westgate Way but pointed out that the extension could be made a condition of plat approval (2) recommended denial of a request for city maintenance of common area within the subdivision and suggested that a homeowner's association or the 20 developer should maintain the area (3) recommended approval of a request for permission to install a screening fence 25 (4) noted that funds were proposed in the 1993-1994 budget to paint the above ground storage tank located in the vicinity of the subdivision but noted that Council had not yet approved the proposed budget (5) recommended that the City provide a reasonable level of assistance in minor 30 relocation of utilities but not assist in major utility relocations (6) recommended denial of impact fee waiver request Council discussed requiring 1800 foot minimum dwellings along Westgate Way to provide 35 a buffer for existing homes and the responses to the developer's requests as outlined by the City Manager. Naish made a motion to approve the replat and Ordinance No. 93-32 adopting PD zoning with a 1450 minimum square foot dwelling requirement. Mondy seconded the motion. The motion was voted on and passed unanimously. 40 CONTRACT FOR ARCHITECTURAL SERVICES FOR FUTURE CITY SERVICE CENTER Wright made a motion to table the contract at the recommendation of the City Manager. Mondy seconded the motion. The motion was voted on and passed 3 THE MEARA COMPANY 8344 E. R.L.THORNTON FRWY.,SUITE 102 DALLAS.TEXAS 75228 1214)319-7066 FAX,'319.7068 May 15, 1995 Planning and Zoning Commission City of Wylie, TX Re : WESTGATE PHASE II Dear Commission Members, Due to prior business commitments I will be unable to attend the May 15, 1995 Planning and Zoning Commission Meeting therefore I wanted to provide you with a brief summary of the proposed project . Steve Heniford, Engineer, Rust, Lichliter/Jameson, will be the meeting to answer any questions . Westgate II is a proposed thirty six (36) lot residential development . An April 1995 color aerial with Westgate II identified as the subject property is attached. On the attached proposed plat Westgate II is marked in green. The blue area represents the fifty eight (58) lots that are currently being built out by D.R. ' Horton Custom Homes in Westgate Phase I . As of today, D. R. Horton Custom Homes has purchased forty three (43) lots and has an additional five (5) lots scheduled to close during May 1995 . Phase I will be sold out by July 1995 and all the new homes will be completed by November 1995 . Upon completion of Phase I, D. R. Horton Custom Homes will have built and sold over- Seven Million Dollars ($7, 000, 000 . 00) worth of homes in Westgate I, Wylie, TX since January 1994 . Westgate II is being developed to provide D. R. Horton Custom Homes new lots to build on in Wylie, TX. The proposed plat ask for the same setbacks and restrictions that were approved for Phase I by the City Council on July 9, 1993 . D. R. Horton Custom Homes has requested that Westgate II have the same setbacks as approved for the lots that they are currently building on in Westgate I . Approval of this zoning change will allow D. R. Horton Custom Homes to continue to build in Wylie, TX. I apologize for being unable to attend the meeting but ask that this item be approved. Thank you very much for your time and consideration. (;:'ncerely, Jim 1Mea a� President NTLIE/MNBTGRT3 P$M* 2 Blocks 10 and 11 of Westgate Phase 2 in the City of Wylie, Collin County, Texas Permitted Usep: Single Family Detached Dwellings e� Regulations: No building shall exceed 30 feet in . Accessory buildings or uses shall be a maximum of fifteen feet. Area Regulations: Minimum Front Setback 20 feet Minimum Side Setback 5 feet Minimum Side Setback Adjacent To Street : 15 feet *Only Lot Effected Lot 17, Block 11 . Minimum Rear Setback 20 feet Minimum Dwelling Sizes 1, 450 Minimum Lot Size 6, 700 eq. ft. Minimum Lot Width (at building line) 60 feet Minimum Lot Depth 100 feet Minimum Masonry Exterior Facade 75* Minimum Off-Street Parking 2 covered & enclosed (c) The above provided uses being generally in conformance with the standards and regulations associated with the SF-3 zoning district classification, except for the variations from such standard requirements as hetein above set forth. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION FOR THE PROPERTY DESCRIBED HEREIN IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED ALONG AND TO THE EAST OF WESTGATE WAY IN THE AREA OF ITS INTERSECTION WITH BURCHSHIRE LANE AND SOUTH OF ANDERSONVILLE LANE FROM SINGLE FAMILY 3 "SF-3" TO PLANNED DEVELOPMENT "PD"; AMENDING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13), ORDINANCE 84-4, AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the real property hereinafter described was zoned Single Family-Three "SF-3" by virtue of Ordinance 84-4 adopted on the 16th day of February, 1984; and, WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the Single Family -Three zoning of the subject property, which it now enjoys; and, WHEREAS, the owner of the property has properly filed a request with the City to change the zoning classification from Single Family-Three to Planned Development; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the request for change in zoning classification be granted; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed change and found that it meets one or more of the requirements for amendments as stated in section 35.1 of the Zoning Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I (a) That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code,be, and it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following described property, described on the attached Exhibit "A", a property proposed to be platted as Westgate Phase II Subdivision in the City of Wylie, Collin County, Texas from "SF-3" Single Family to "PD" Planned Development; (b) The use of all property in such area being limited to and governed by the following conditions: Permitted Uses: Single Family Detached Dwellings Height Regulations: No building shall exceed 30 feet in height. Accessory buildings or uses shall be a maximum of fifteen feet. Area Regulations: Minimum Front Setback 20 feet Minimum Side Setback 5 feet Minimum Side Setback Adjacent to Street 15 feet *Only Lot Affected Lot 17, Block 11 Minimum Rear Setback 20 feet Minimum Dwelling Size 1,450 Minimum Lot Size 6,700 sq. ft. Minimum Lot Width (at building line) 60 feet Minimum Lot Depth 100 feet Minimum Masonry Exterior Facade 75% Minimum Off-Street Parking 2 covered and enclosed (c) The above provided uses being generally in conformance with the standards and regulations associated with the SF-3 zoning district classification, except for the variations from such standard requirements as herein above set forth. SECTION II That the stated purpose and intent of granting the within specified Planned Development Designation is to allow development of the lots in a fashion more consistent with and complementary to the existing neighborhood and surrounding area, by granting a use that is more restrictive than SF- 3 in regard to minimum house size and less restrictive than SF-3 in regard to certain setbacks and area regulations for yards; as such designation and purpose is found to be not in conflict with the overall intent of the Zoning Ordinance, and not inconsistent with the planning on which it is based and not otherwise harmful to the neighborhood. SECTION III That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION IV Any person violating the provisions of this ordinance, or any part hereof, shall be guilty, commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION V Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION VI This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VII That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VIII The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1995. By James D. Swartz Mayor ATTEST Mary Nichols City Secretary Approved City Attorney W lie City Council 5 f igenda Communication for May 1995 Consider fiction Related to a Contract for Refuse Collection and Recyclmg ISSUE Council is requested to review proposals for the collection of solid waste and recyclable commodities and to discuss and consider award of a contract for waste collection and disposal. BACKGROUND The City's contract with Browning-Ferris Industries for solid waste collection will expire as of August 31, 1995. Proposals have been solicited for a new five year contract. In addition to B.F.I., proposals have been submitted by Community Waste Disposal, Laidlaw and Waste Management. The RFP invited rate proposals based on the current level of residential collection service (pick up of regular refuse twice weekly with one recyclable pick up) and also requested two alternate proposals utilizing polycart containers (once a week and twice a week) for the automated collection of refuse. With both alternate proposals, one 95 gallon polycart would be provided for each residential unit (at no charge to the City or resident). B.F.I. also submitted an unsolicited alternate proposal which would provide, along with curbside recycling, one polycart for refuse to be collected once a week, and a second polycart for yard waste, also collected once a week. Since the yard waste would be diverted to a compost facility, the perceived benefit of the latter proposal would be a reduction in the amount of waste going to landfills. The current residential rate charged by B.F.I. is $9.31 per month. The cost to the residential customer, which includes debt service charges and sales tax, is $11.76. The proposed rates from B.F.I. for the base service and both of the polycart alternates are lower than the current rates for twice weekly refuse and one recyclable collection. In addition to the lower residential rates, the B.F.I. proposal includes a significant reduction in commercial rates. Provided in the following pages are a tabulation of proposed rates and a comparison of rates based on the contractors' gross revenues. The projected annual revenues are based on the current number of residential units and commercial accounts by type and frequency of collection. Also provided is a summary of cost savings to the resident for each level of residential collection service and the reduction in cost to commercial customers as a result of B.F.I.'s proposed commercial rates. Staff is of the opinion that the alternate proposal designated as option B. is of the greatest overall benefit to the City and the residential customer. This option affords once a week collection of regular refuse, using polycart containers, and weekly curbside collection of recyclable commodities. This level of service offers the greatest cost reduction for the resident, along with other advantages. The elimination of one regular pick up each week would significantly reduce the amount of heavy equipment traffic on the City's streets and alleys, thereby reducing pavement deterioration and maintenance. It is anticipated that once a week collection of refuse would encourage recycling. Although most residential units are unlikely to generate sufficient refuse to exceed the 95 gallon capacity of a polycart container, residents who find it necessary may obtain another cart at an additional discounted rate. Furthermore, state-of-the-art automated collection by polycart is a neat, sanitary method which eliminates the cost of purchasing plastic bags and the problems inherent with bags (e.g., breakage and susceptibility to animals). FINANCIAL CONSIDERATIONS With any of the proposed options from B.F.I., residential rates will be lower to the City and the residential customer than current rates. Assuming the level of service in preferred option B., the annual reduction in sanitation expense in the General Fund would be $73,900.00. The savings to the residential customer would be $2.08 per month. The reduced commercial rates would result in savings of $18,000.00 for the business community. The corresponding reduction in commercial franchise fee revenue of approximately $3,000.00 is not considered material. RECOMMENDATION Staff recommendation is for Council to award a five year contract for solid waste collection and disposal,commencing September 1, 1995,to Browning-Ferris Industries, with the contract award to be based on the alternate proposal for once a week refuse collection with polycart containers and once a week curbside recycling. ATTACHMENTS Cost Comparison of Current vs Proposed B.F.I. Rates, Comparison of Proposed Rates by Gross Annual Revenue, Tabulation of Proposed Rates, Survey of Recycling Programs, Memo Regarding Commercial Collection Data. 061,CsoA Prepared By Approved By PROPOSAL FOR SOLID WASTE COLLECTION RESIDENTIAL MONTHLY BILL COMPARISON OF PROPOSED RATES MAY 4, 1995 B.F.I. MONTHLY CURRENT PROPOSED SAVINGS MONTHLY MONTHLY vs CURRENT SERVICE FREQ. &TYPE RATE RATE RATE A. 2 REG., 1 RECYCLE $11.76 $11.06 $0.70 B. 1 REG. W/POLYCART, N/A $9.68 $2.08 1 RECYCLE C. 2 REG. W/POLYCART, N/A $11.22 $0.54 1 RECYCLE D. 1 REG. WIPOLYCART, N/A $11.37 $0.39 1 YARD WASTE W/CART, 1 RECYCLE NOTES: 1. A MONTHLY SAVINGS OF$2.08 EQUATES TO A TAX RATE DECREASE OF 2.3 CENTS. 2. RATES SHOWN INCLUDE B.F.I., SALES TAX, AND A$1.55 FOR DEBT SERVICE. PROPOSAL FOR SOLID WASTE COLLECTION COMMERCIAL COMPARISON OF PROPOSED RATES MAY 4, 1995 CURRENT PROPOSED RATES RATES COSTS TO BUSINESS: BINS &HAND COLLECTS $222,357 $204,276 ROLLOFF BUSINESS $71,130 $71,130 TOTAL COSTS $293,487 $275,406 COST SAVINGS $18,100 CITY REVENUE $44,000 $41,300 PROPOSAL FOR SOLID WASTE COLLECTION COMPARISON OF PROPOSED RATES BY GROSS ANNUAL REVENUE Residential Service Current B.F.I. C.W.D. Laidlaw Waste Mgmt. Frequency & Type Rate Proposal Proposal Proposal Proposal A. 2 regular, 9.31 8.67 8.49 10.35 9.28 1 recyclable Annual Revenue 358,062 333,448 326,525 398,061 356,909 B. 1 w/polycart, N/A 7.39 8.99 8.05 8.31 1 recyclable Annual Revenue N/A 284,219 345,755 309,603 319,603 C. 2 w/polycart, N/A 8.81 10.49 10.42 10.57 1 recyclable Annual Revenue N/A 338,833 403,445 400,753 406,522 D. 1 reg.w/cart, N/A 8.95 N/A N/A N/A 1 yd.waste w/cart, 1 recyclable* Annual Revenue N/A 344,217 N/A N/A N/A Commercial Hand Collect, 2X Week 15.72 10.00 33.00 33.50 30.00 Commercial Bin Svc. 1X 2 yd bin 62.30 37.00 63.00 72.00 60.98 2X 2 yd bin 101.25 79.00 112.00 116.00 107.10 3X 2 yd bin 140.18 105.00 157.00 161.00 153.72 1X 3 yd bin 68.98 51.00 71.00 79.00 66.78 2X 3 yd bin 111.26 95.00 123.00 128.00 119.70 3X 3 yd bin 152.43 147.00 169.00 175.00 172.62 1X 4 yd bin 84.55 76.00 86.00 97.00 74.34 2X 4 yd bin 124.62 121.00 132.00 143.00 133.56 3X 4 yd bin 173.56 171.00 186.00 200.00 191.52 1X 6 yd bin 95.68 89.00 96.00 110.00 88.20 2X 6 yd bin 159.11 145.00 167.00 183.00 158.76 3X 6 yd bin 225.86 215.00 237.00 260.00 229.32 1X 8 yd bin 119.04 109.00 121.00 137.00 104.58 2X 8 yd bin 189.19 187.00 199.00 218.00 186.48 3X 8 yd bin 244.78 249.00 257.00 282.00 268.38 Total Commercial 222,357 204,276 241,416 266,952 224,304 Combined Total A 580,419 537,724 567,941 665,013 581,213 Combined Total B N/A 488,495 587,171 576,555 543,907 Combined Total C N/A 543,108 644,861 667,705 630,826 *Unsolicited alternate proposal. PROPOSAL FOR SOLID WASTE COLLECTION TABULATION OF PROPOSED RATES Description .,. B F I . C W 1) Laidlaw Waste of Service: Management 2 regular, 8.67 8.49 10.35 9.28 1 recyclable (11.06)* (10.87)* (12.88)* (11.72)* 1 w/polycart, 7.39 8.99 8.05 8.31 1 recyclable ( 9.68)* (11.41)* (10.39)* (10.67)* 2 w/polycart, 8.81 10.49 10.42 10.57 1 recyclable (11.22)* (13.03)* (12.96)* (13.12)* Commercial 10.00 33.00 33.50 30.00 Hand Collect 1X 2 yd bin 37.00 63.00 72.00 60.98 2X 2 yd bin 79.00 112.00 116.00 107.10 3X 2 yd bin 105.00 157.00 161.00 153.72 1X 3 yd bin 51.00 71.00 79.00 66.78 2X 3 yd bin 95.00 123.00 128.00 119.70 3X 3 yd bin 147.00 169.00 175.00 172.62 1X 4 yd bin 76.00 86.00 97.00 74.34 2X 4 yd bin 121.00 132.00 143.00 133.56 3X 4 yd bin 171.00 186.00 200.00 191.52 1X 5 yd bin N/A N/A N/A 87.20 2X 5 yd bin N/A N/A N/A 157.76 3X 5 yd bin N/A N/A N/A 228.32 1X 6 yd bin 89.00 96.00 110.00 88.20 2X 6 yd bin 145.00 167.00 183.00 158.76 3X 6 yd bin 215.00 237.00 260.00 229.32 1X 8 yd bin 109.00 121.00 137.00 104.58 2X 8 yd bin 187.00 199.00 218.00 186.48 3X 8 yd bin 249.00 257.00 282.00 268.38 *Parenthetical rates are the amount billed to the residential customer, which includes sales tax and $1.55 for debt service. The current residential bill is $11.76 per month. SURVEY OF MUNICIPAL RECYCLING PROGRAMS MAY,1995 CITY COST OF RECYCLING REVENUE FROM RECYCLING Sachse $2.01/mo. None Rockwall $1.88/mo. None Balch Springs $1.25/mo. None Seagoville unknown None Kaufman unknown None Murphy unknown None Rowlett unknown None. City previously received half of alum- inum proceeds, but new contract has no rebate. Allen $2.00/mo. 50% of proceeds. Fluctuates. Can be as much as $1,400. Addison $2.09/mo. 50% of proceeds. Fluctuates $250-600.* *Recycling coordinator at Addison said they would probably give up the rebate when the contract is renewed in order to lower the residential rates. Date: May 10, 1995 To: Brady Snellgrove, Finance Director From: Jim Holcomb, Purchasing Agent a Subject: Waste Collection RFP Per your request, I will attempt to address some apparent misconceptions about the type of commercial account information that was made available to prospective bidders with the above referenced RFP. During the solicitation, every detail which was available to the City regarding the current level of commercial waste collection was provided to all interested contractors, including the following data. - The current commercial rates. - The amount of the franchise fees being collected by the City. - The total number of commercial bins being provided. - The average size of commercial bins being provided. - The typical or most prevalent frequency of bin collection. - The historical data on commercial accounts previously billed by the City. I believe that the information provided, along with a reasonable inspection of existing commercial sites in the City, should enable a professional waste collection contractor to ascertain the facts necessary to submit a competitive bid. Two of the contractors did request a detailed breakdown of B.F.I.'s commercial accounts by type, size of bin and frequency of collection. B.F.I. was understandably reluctant to disseminate that degree of detail about their commercial accounts because it was proprietary and, typically, their competitors would not provide them with such information. Subsequent to the receipt and public opening of all the sealed proposals, I was able to obtain the detailed commercial breakdown for purposes of evaluation. This commercial collection detail was the basis for calculating commercial revenues in an objective comparison of all of the contractors' proposals. All of the proponents for this contract were equally and adequately informed of the available facts pertinent to the contract and the solicitation was fair and competitive. Protestations to the contrary are unfounded and either the result of misinformation or self-interest. iNylie City Council LI 09enda.Cominunkatioll for May 23, 1995 It vii tons der approval of an Ordinance authorizing fimend tints to 1995 Budget ISSUE An ordinance of the City of Wylie, amending the budget for Fiscal Year 1995, beginning October 1, 1994 and ending September 30, 1995; repealing all conflicting ordinances; containing a severability clause; and providing for an effective date. BACKGROUND The City Council was briefed on the proposed budget amendments and the budget reserve accounts at the May 17, 1995 workshop. The expenditure amendments included market surveys, transfer from Streets to Building & Fleet, new computers for the Library, and increased funding for summer help in Parks. Proposed changes in General Fund revenues were also presented to the City Council at that meeting. FINANCIAL CONSIDERATIONS For the General Fund, projected expenditures will increase to $3,913,130 and projected revenues will increase to $3,932,540. Total revenues will exceed total expenditures by $19,410 and result in a three percent increase in fund balance. The proposed amendments will have no overall effect on the Utility Fund. The proposed budget amendments are detailed in Exhibit A of the attached ordinance. LEGAL CONSIDERATIONS None BOARD/COMMISSION RECOMMENDATION No formal actions were required from a city board or commission. STAFF RECOMMENDATION It is recommended that the City Council approve the amendments as proposed and adopt the ordinance amending the Fiscal Year 1994-95 Budget. ATTACHMENTS Budget ordinance and summary. 6,,,,,,, C 1 Prepare y Approved by ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE BUDGET FOR THE FISCAL YEAR 1995 BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995, BY AMENDING ORDINANCE NO. 94-41, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has heretofore adopted Ordinance No. 94-41 adopting a Budget and appropriating resources for Fiscal Year 1995(FY 95), beginning October 1, 1994 and ending September 30, 1995; and, WHEREAS, the Staff has presented information to the Council concerning the actual income and expenses for the first half of FY 95 and made comparisons of such information to the heretofore budgeted projections; and, WHEREAS, based upon such review the Staff has recommended to the Council that certain amendments to the Budget, as hereinafter set forth, be made to facilitate operation and administration of the operations of the City for the balance of FY 95; and, WHEREAS, the Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the Council has determined that the proposed amendments to the FY 95 Budget, with the revenues and expenditures therein contained, is in the best interest of the City and therefore desires to adopt the same by formal actions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I The proposed amendments to the FY 95 Budget of the City of Wylie, as heretofore adopted by Ordinance No. 94-41, as summarized in Exhibit A which is attached hereto and fully incorporated herein by reference, be, and the same hereby are, completely adopted and approved as amendments to the said FY 95 Budget. 1 SECTION II All portions of the existing FY 95 Budget and Ordinance 94-41, except as specifically herein amended shall remain in full force and effect, and not be otherwise effected by the adoption of this amendatory ordinance. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 23rd day of May, 1995. By Jim Swartz Mayor ATTEST: Mary Nichols City Secretary 2 PROPOSED BUDGET AMENDMENTS Exhibit A FOR FISCAL YEAR 1994/95 May 16, 1995 DEPT PERSONAL CONTRACT LEASE/ CAPITAL # DESCRIPTION TOTALS SERVICES SUPPLIES MAINT. SERVICES USER FEES OUTLAY GENERAL FUND EXPENDITURES Various Market Survey $10,250 $10,250 $0 $0 $0 $0 $0 181 Comb.Services Market Survey (10,250) (10,250) 0 0 0 0 0 132 Bldg&Fleet Transfer from 411 15,600 0 0 7,400 8,200 0 0 411 Streets Transfer to 132 (15,600) (15,600) 0 0 0 0 0 551 Library Library Computers 5,400 0 0 500 0 0 4,900 511 Parks Summer Workers 4,500 4,500 0 0 0 0 0 Total G/F $9,900 ($11.100) $0 $7,900 $8,200 $0 $4,900 UTLITY FUND EXPENSES Various Market Survey $1,750 $1,750 $0 $0 $0 $0 $0 719 Comb. Services Market Survey (1,750) (1,750) 0 0 0 0 0 Total U/F $0 $0 $0 $0 $0 $0 $0 REVENUE ORIGINAL REVISED INCREASE GENERAL FUND RECAP BUDGET ESTIMATE (DECREASE) REVENUES: Sales Tax $541,000 $496,000 ($45,000) Property Taxes 1,660,410 1,675,000 14,590 Franchise Taxes 527,000 537,520 10,520 Sanitation Fees 385,000 395,000 10,000 Library Grant 0 4,000 4,000 Interest Income 30,000 35,000 5,000 Workers Comp 0 10,200 10,200 Court Fees 160,000 180,000 20,000 $3,303,410 $3,332,720 $29,310 Increase in G/F Fund Revenues $29,310 Less Increase in Expenditures (9,900) Net Increase in Revenues Over Expenditures $19,410 wyliecity. ..coanth agenda Communication for may 23, 1995 mil-.cOnSider flpproval of n R2solution (Idopting Investment Policy ISSUE A resolution of the City of Wylie, adopting an INVESTMENT POLICY as required by the GOVERNMENT CODE Title 10, SUBCHAPTER B. INVESTMENT OF LOCAL FUNDS, paragraphs 2256.051 through paragraph 2256.057. BACKGROUND This is the City's first written Investment Policy and seeks to comply with State requirements while recognizing that some of the investment types authorized by law would not be appropriate for us at this time. The City needs to adopt an Investment Policy prior to the receipt of the $4,300,000 in new bond funds in late May. This policy would establish objectives, authority, standard of care, authorized investments, and other guidelines necessary to manage this increase in the City's investment portfolio. FINANCIAL CONSIDERATIONS None LEGAL CONSIDERATIONS None BOARD/COMMISSION RECOMMENDATION No formal actions were required from a city board or commission. STAFF RECOMMENDATION The staff recommends that the City Council approve the Resolution for a City Investment Policy. ATTACHMENTS Resolution, Investment Policy, and copies of State Law. PreP a b Approved by Y RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR SCOPE OF THIS POLICY, PROVIDING FOR INVESTMENT OBJECTIVES, PROVIDING FOR DELEGATION OF AUTHORITY, PROVIDING FOR STANDARD OF CARE, PROVIDING FOR AUTHORIZED INVESTMENTS, PROVIDING FOR OTHER INVESTMENT GUIDELINES, PROVIDING FOR PORTFOLIO MATURITIES, PROVIDING FOR INVESTMENT LIMITS, PROVIDING FOR SELECTION OF BROKER/DEALERS, PROVIDING FOR SELECTION OF DEPOSITORIES, PROVIDING FOR SAFEKEEPING AND CUSTODY, PROVIDING FOR RECORD KEEPING AND REPORTING, PROVIDING FOR ETHICS AND CONFLICTS OF INTEREST, PROVIDING FOR POLICY REVISIONS; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the City of Wylie acknowledges the high priority of providing the necessary guardianship of public funds in the municipal sector; and, WHEREAS, the City Council expressly intends to set high fiscal standards, delegate treasury and investment duties to appropriate officials, and to review the actual performance at regular intervals; and, WHEREAS, the City Council hereby intends to implement investment requirements set forth in Texas government Code, Chapter 2256, Public Funds Investment, Subchapter A - Public Funds Investment Act and Subchapter B - Investment of Public Funds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. See Exhibit A - Investment Policy SECTION 2. This Resolution shall be in full force and effect immediately upon its passage and approval. PASSED AND APPROVED, this the 23rd day of May, 1995. Jim Swartz, Mayor ATTEST: Mary Nichols, City Secretary EXHIBIT A City of Wylie, Texas INVESTMENT POLICY May 1995 EXHIBIT A CITY OF WYLIE, TEXAS INVESTMENT POLICY Table of Contents SCOPE 1 OBJECTIVES 2 Safety 2 Liquidity 2 Diversification 2 Yield 2 DELEGATION OF AUTHORITY 3 STANDARD OF CARE 4 AUTHORIZED SECURITIES INVESTMENTS 4 Direct Obligations of the United States Government 5 Debentures or Discount Notes 5 Bonds or Other Interest Bearing Obligations 5 Time Certificates of Deposit 5 Repurchase Agreements 5 Money Market Funds 6 State or Local Investment Pools 6 Common Trust Funds 7 OTHER INVESTMENT GUIDELINES 7 PORTFOLIO MATURITIES 8 INVESTMENT LIMITS 8 SELECTION OF BROKER/DEALERS 9 SELECTION OF DEPOSITORIES 10 SAFEKEEPING AND CUSTODY 11 RECORD KEEPING AND REPORTING 12 ETHICS AND CONFLICTS OF INTEREST 14 POLICY REVISIONS 14 EXHIBIT A CITY OF WYLIE, TEXAS INVESTMENT POLICY I. SCOPE Chapter 2256 of Title 10 of the Local Government Code (herein after • referred to as the "Public Funds Investment Act") prescribes that each city is to adopt rules governing its investment practices and to define the authority of the investment officer. The following Investment Policy addresses the methods, procedures, and practices which must be exercised to ensure effective and judicious fiscal management of the City's funds. This Policy shall not apply to the selection, retention or other issues concerning the depositories of the City's funds in demand and time deposits as provided under Chapter 105 of the Local Government Code. This Policy shall apply to the investment and management of all funds of the City under its control, other than those expressly excluded herein or by applicable law or valid agreement. This Policy shall not supersede the restrictions on investment and use applicable to any specific fund and, in the event of any conflict between this Policy and the requirements of any fund subject hereto, the specific requirement applicable to such fund shall be followed as well as all other provisions of this Policy other than those in conflict. The Employees Deferred Compensation Agency Fund is excluded from coverage under this Policy. In order to make effective use of the City's resources, all monies shall be pooled into one investment bank account, except for those monies required to be accounted for in other bank accounts as stipulated by applicable laws, bond covenants or contracts. The income derived from this pooled investment account shall be distributed in accordance with the City's internal procedures. City of Wylie Investment Policy (As Revised May 17, 1995) Page 1 EXHIBIT A II. OBJECTIVES The City's principal investment objectives in order of priority are listed below. Safety The primary objective of the City's investment activity is the preservation of capital in the overall portfolio. Each investment transaction shall seek first to ensure that capital losses are avoided, whether the loss occurs from the default of a security or from erosion of market value. Liquidity The City's investment portfolio will remain sufficiently liquid to enable the City to meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements, by investing in securities with active secondary markets, and by using state or local investment pools. Diversification The governing body recognizes that in a diversified portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's return, provided that adequate diversification has been implemented. Therefore, assets held in the common investment portfolio shall be diversified to eliminate the risk of loss resulting from one concentration of assets in a specific maturity, a specific issuer or a specific class of securities. Yield Attainment of a market rate of return equal to or higher than the performance measure established from time to time by the Finance Director of the City. Efforts to seek returns higher than the above goal must be consistent with risk limitations identified in this policy and prudent investment principles. City of Wylie Investment Policy (As Revised May 17, 1995) Page 2 EXHIBIT A III. DELEGATION OF AUTHORITY Management responsibility for the investment program is delegated by the City Council to the Finance Director (hereinafter referred to as the "Director"). The Director's authority will at all times be limited by conformance with all Federal regulations, State of Texas statutes and other legal requirements including the City Charter and City Ordinances, including this Policy. The Director shall develop and maintain written administrative procedures for the operation of the investment program consistent with this Policy. The controls shall be designed to prevent, identify and control losses of public funds arising from deviation from this Policy, fraud, employee error, misrepresentation by third parties, or imprudent actions by employees and officers of the City. With written approval from the City Manager, the Director may delegate any phase of the investment management program to members of the City staff. Such approval shall state specifically the functions such person is authorized to perform or that the person is authorized to perform all activities of the Director under this Policy. The Director shall obtain and maintain, at the City's expense, fidelity bonds for himself and each of his designees in amounts determined adequate by the Director (which shall not be less than five percent of the amounts subject to this Policy) for each fiscal year as shown by the approved budget. No person may engage in an investment transaction except as provided under the terms of this Policy and the internal procedures established by the Director. A current list of persons authorized to transact investment business and wire funds on behalf of the City shall be maintained by the Director. In the discretion of either the City Manager or the Director and in any event upon the termination or reassignment of any member of the Director's staff authorized to conduct transactions for the City pursuant to this Policy, the authority of such person shall be revoked and such revocation of authority shall be immediately communicated by the Director orally and in writing to each and every depository, broker/dealer, investment advisor, custodian and other agency or entity with whom the City has any existing or continuing relationship in the management of its investments. City of Wylie Investment Policy (As Revised May 17, 1995) Page 3 EXHIBIT A IV. STANDARD OF CARE The standard of prudence to be used for managing the City's assets is the "prudent person" rule, which states, "Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived." In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and whether the investment decision was consistent with the written investment policy of the entity. The Director and authorized investment personnel acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that this Policy and the Director's procedures were followed. The Director and his staff shall recognize that the investment activities of the City are a matter of public record. Therefore, all participants in the investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transactions that might impair public confidence in the City's ability to govern effectively. V. • AUTHORIZED SECURITIES INVESTMENTS Subject to any limitations otherwise imposed by applicable law, regulations, bond indentures or other agreements, (including but not limited to the Public Funds Investment Act) the following securities and deposits City of Wylie Investment Policy (As Revised May 17, 1995) Page 4 EXHIBIT A are the only ones permitted as investments for the City's funds: a. Direct obligations of the United States government with a maturity not to exceed two years from the date of purchase; U.S. Treasury Bills, U.S. Treasury Notes, U.S. Treasury Bonds, and U.S. Treasury Strips (book entry U.S. Treasury securities whose coupon has been removed). b. Debentures or discount notes with a maturity not to exceed two years from the date of purchase issued by, guaranteed by, or for which the credit of any of the following Federal Agencies and Instrumentalities is pledged for payment: Federal National Mortgage Association (FNMA), Federal Home Loan Bank (FHLB), Federal Farm Credit Bank (FFCB), Student Loan Marketing Association (SLMA), and Federal Home Loan Mortgage Corporation (FHLMC). c. Bonds or other interest bearing obligations of which the principal and interest are guaranteed by the full faith and credit of the United States government with a stated maturity not to exceed two years from the date of purchase. A security's "average life" does not constitute a stated maturity. d. Time Certificates of Deposit insured by the Federal Deposit Insurance Corporation (FDIC) in state or national banks or state or federally chartered savings and loan associations located within the State of Texas which have been approved by the City in accordance with Section X of this Investment Policy. Any deposits exceeding FDIC insurance limits shall be fully collateralized by securities listed in items a and b above, and the collateral shall be held by the City's third party custodian bank. e. Repurchase Agreements with a defined termination date of 90 days or less on U.S. Treasury and Federal Agency securities listed in items a and c above, collateralized at a minimum market value of 102 percent of the dollar value of the transaction, with the accrued interest accumulated on the collateral included in the calculation. Repurchase Agreements shall be entered into only with dealers who: 1) are recognized as primary reporting dealers with the Market City of Wylie Investment Policy (As Revised May 17, 1995) Page 5 EXHIBIT A Reports Division of the Federal Reserve Board of New York;sand 2) have an executed, City approved Master Repurchase Agreement. Collateral (purchased securities) shall be held by the City's custodian bank as safekeeping agent, and the market value of the collateral securities shall be marked-to-the-market daily based on the bid price for the previous day as reported in the Wall Street Journal. For the purpose of item e of this section the term "collateral" shall mean "purchased securities" under the terms of the City approved Master Repurchase Agreement. Collateral bearing no coupon will have a maturity not to exceed five years. All other eligible collateral shall have a maturity limit of ten years. f. Money Market Funds meeting each of the following criteria: (1) Registered with the Securities and Exchange Commission; (2) no commission fee shall be charged on purchases or sales of shares; (3) have an objective of maintaining a constant daily net asset value of $1.00 per share; (4) limit assets of the fund to those securities listed in paragraphs a, b, c, and e above; and (5) have a maximum stated maturity of 13 months and dollar weighted average portfolio maturity of not more than 120 days. A list of City approved Money Market Funds shall be kept by the Director. g. State or local investment pools organized under the Interlocal Cooperation Act that have been specifically approved by the Director and meet each of the following criteria: (1) no commission fee shall be charged on purchases or sales of shares; (2) have an objective of maintaining a constant daily net asset value of$1.00 per share; City of Wylie Investment Policy (As Revised May 17, 1995) Page 6 EXHIBIT A (3) The weighted average maturity of the portfolio will not exceed 180 days and no investment will have a stated remaining maturity of greater than three years; (4) limit assets of the fund to those securities listed in paragraphs a, b, c, d, and e above plus U. S. Government Agencies or Instrumentalities. A list of City approved investment pools shall be kept by the Director. In addition to all of the investments listed above, all proceeds from the sale of bonds and reserves and funds maintained for debt service purposes may be invested in common trust funds owned or administered by banks domiciled in Texas if the common trust fund meets all of the following requirements: 1. all of the assets of such fund consist of an appropriate combination of the securities listed above; 2. comply with the provisions of the Internal Revenue Code of 1986 and applicable federal regulations governing the investment of bond proceeds; 3. meet the cash flow requirements and investment needs of the City; and 4. is owned or administered by a bank approved by the City pursuant to Section X of this Policy. VI. OTHER INVESTMENT GUIDELINES The City seeks active management of its portfolio assets. In the effort of meeting the objectives of this Policy, the City may from time to time sell securities that it owns in order to better position its portfolio assets. Sales of securities prior to maturity shall be documented and approved by the Director before such a transaction is consummated. Sales of securities yielding net proceeds less than 98 percent of the book value of the securities must be approved in advance and in writing by the City Manager. City of Wylie Investment Policy (As Revised May 17, 1995) Page 7 EXHIBIT A Each investment transaction must be based upon competitive quotations received from at least three broker/dealers who have been approved by the City in accordance with Texas law. The purchase and sale of all securities shall be on a delivery versus payment or payment versus delivery basis (i.e., for securities purchases, monies will not be released by the City's safekeeping bank until securities are received at the Federal Reserve Bank for further credit to the City's safekeeping bank. In the case of securities sales, monies will be received by the City's safekeeping bank via the Federal Reserve Bank as the securities are simultaneously released to the purchaser). In this manner the City will always have possession of either its securities or its monies. VII. PORTFOLIO MATURITIES Maturities shall be selected which provide for both stability of income and reasonable liquidity. At all times the City shall maintain 10 percent of its total investment portfolio in instruments maturing in 90 days or less. The weighted average maturity of all securities and certificates of deposit in the City's total investment portfolio at any given time (not including cash or demand deposits) shall not exceed one and one-half years. VIII. INVESTMENT LIMITS It is the policy of the City to avoid concentration of assets in a specific maturity, a specific issue, or a specific class of securities, with the exception of U.S. Treasury issues listed in Section V(a). The asset allocation in the portfolio should, however, be flexible depending upon the outlook for the economy and the securities markets. The City will not exceed the following maximum limits as a percentage of the total portfolio for each of the categories listed below: City of Wylie Investment Policy (As Revised May 17, 1995) Page 8 EXHIBIT A 20 percent in Money Market Funds 30 percent in Certificates of Deposit 60 percent in State and Local Government Investment Pools 30 percent in Instrumentality securities described in Section V(b) In addition to the limitations set forth above, the City's investment in any single money market fund shall never exceed 10 percent of the total assets of the money market fund. The Director shall evaluate how each security purchased fits into the City's overall investment strategy. The amount of investments in U.S. Treasury and Agency Securities and Repurchase Agreements backed by those securities, as defined in Sections V(a), V(c) and V(e), shall at no time be less than 30 percent of the total portfolio. There shall be no maximum limits on these investments. IX. SELECTION OF BROKER/DEALERS The City shall maintain a list of broker/dealers and financial institutions which have been approved for investment purposes. Securities may only be purchased from those authorized institutions and firms. To be eligible, a broker/dealer must meet at least one of the following criteria: 1) be recognized as a Primary Dealer as defined by the New York Federal Reserve Market Reports Division; or 2) report voluntarily to the Market Reports Division of the Federal Reserve Bank of New York. Broker/dealers and other financial institutions will be selected by the Director on the basis of their financial stability, expertise in cash management and their ability to service the City's account. Each broker/dealer, bank, or savings and loan that has been authorized by the City shall be required to submit and annually update a Broker/Dealer Information Request form which includes the firm's most recent financial statements. The Director shall maintain a file which includes the most recent Broker/Dealer information Request forms submitted by each firm City of Wylie Investment Policy (As Revised May 17, 1995) Page 9 EXHIBIT A approved for investment purposes. A copy of the submitted Broker/Dealer Information Request forms as well as a list of those broker/dealers approved by the City shall be maintained by the Director. The Director shall review the quality of service and financial stability of each broker/dealer and financial institution approved under this Section at least annually. Any approved broker/dealer or financial institution may be removed from the list of approved broker/dealers with the approval of the Director, if in the opinion of the Director, the firm has not performed adequately or its financial position is considered inadequate. X. SELECTION OF DEPOSITORIES The City shall maintain a list of authorized banks and savings and loans which are approved to provide Certificates of Deposit. To be eligible for authorization, a bank or savings and loan must be members of the FDIC and meet the minimum credit criteria (described below) of a credit analysis provided by a commercially available bank rating service such as Prudent Man Analysis, Inc., or Sheshunoff Public Finance Bank Rating Service. Banks or savings and loans failing to meet the minimum criteria or, in the judgement of the Director, no longer offer adequate safety for the City will be removed from the list. Bank rating guidelines will be calculated using publicly available information obtained from the Federal Reserve, the Comptroller of the Currency, or the banking institution itself. Data obtained from bank rating services will include factors covering the following: overall rating, liquidity policy, credit risk policy, interest rate policy, profitability and capital policy. Financial institutions selected to issue certificates of deposit to the City in excess of $100,000 or that are selected as Safekeeping or Custodial agents for the City shall meet the following criteria: 1) have a Sheshunoff Public Finance Peer Group Rating of thirty or better on a scale of zero to one hundred with one hundred being the highest rating at the time of selection or 2) have a Prudent Man Express Analysis overall rating of three or better on a scale of one to five with one being the highest quality for the most recent reporting quarter before the time of selection, and 3) qualify as a depository of public funds in the State of Texas. City of Wylie Investment Policy (As Revised May 17, 1995) Page 10 EXHIBIT A The Director shall maintain a file of the credit rating analysis reports performed for each approved firm. In addition to the foregoing requirements, with respect to bond proceeds and reserves or other funds maintained for debt service purposes, a depository of such funds must be selected by competitive bidding by two banks located within the boundaries of the City or if there are not two banks available within the City's boundaries that are willing and able to accept such deposits, then at least three bids must be obtained from banks situated in Collin County that are willing and able to accept such deposits. XI. SAFEKEEPING AND CUSTODY Investment securities purchased for the City will be delivered by either book entry or physical delivery and shall be held in third-party safekeeping by a Federal Reserve Member financial institution designated as the City's safekeeping and custodian bank. The City may designate more than one custodian bank, but the safekeeping banks shall not be a depository bank. The City shall execute a Safekeeping Agreement with each bank prior to utilizing the custodian's safekeeping services. Only a state or national bank located within the State of Texas may be utilized as a custodian• of securities pledged to secure certificates of deposit. The safekeeping agreement must provide that the safekeeping bank will immediately record and promptly issue and deliver a signed safekeeping receipt showing the receipt and the identification of the security, as well as the City's interest. The Director shall maintain a list of designated custodian banks and a copy of the Safekeeping Agreement executed with each custodian bank. The City must approve release of securities in writing prior to their removal from the custodial account. A telephone facsimile of a written authorization shall be sufficient if the custodian orally confirms receipt of the transmission and an exact copy of the document is retained in the City's files. In no event shall the custodial bank be an authorized depository bank, issuer of repurchase agreements in which the City invests or broker/dealer of securities on behalf of the City. City of Wylie Investment Policy (As Revised May 17, 1995) Page 11 EXHIBIT A All securities shall be confirmed in the name of the City and delivered to an approved custodial bank or carried at a Federal Reserve Bank in the name of the City. The Custodian shall not otherwise deposit purchased or pledged securities. All book entry securities owned by the City shall be evidenced by a safekeeping receipt issued to the City and signed by the appropriate officer at the custodian bank stating that the securities are held in the Federal Reserve system in a CUSTOMER ACCOUNT naming the City as the "customer." In addition, the custodian bank will, when requested, furnish a copy of the delivery advice received by the custodian bank from the Federal Reserve Bank. All certificated securities (those transferred by physical delivery) shall: 1) be held by an approved custodian bank or any correspondent bank in New York City approved by the Director; and 2) the correspondent bank or the City's safekeeping bank shall issue a safekeeping receipt to the City evidencing that the securities are held by the correspondent bank for the City. The original safekeeping receipt for each transaction including purchased securities under a repurchase agreement and collateral securing deposits will be forwarded to the Director or his designee and held in a secured file by the City. XII. RECORD KEEPING AND REPORTING A record shall be maintained of all bids and offerings for securities transactions in order to ensure that the City receives competitive pricing. All transactions shall be documented by the person authorizing the transaction in a form that shows that person's name, the party instructed to execute the transaction, the date, a description of the transaction and a brief statement of the reason(s) for the transaction. Each depository of the City's funds shall maintain separate, accurate and complete records relating to all deposits of the City's funds, the securities pledged to secure such deposits and all transactions relating to the pledged securities. Each approved custodian shall maintain separate, accurate and complete records relating to all securities received on behalf City of Wylie Investment Policy (As Revised May 17, 1995) Page 12 EXHIBIT A of the City, whether pledged, purchased or subject to repurchase agreement, as well as all transactions related to such securities. In addition, each depository shall file all reports required by the Texas State Depository Board. Each depository and custodian shall agree to make all the records described in this paragraph available to the Director's designee and the City's auditors at any reasonable time. At least once each quarter, the Director shall verify that all securities purchased by or pledged to the City are on hand in appropriate form. At least annually the City's investment program, including the records of custodians and depositories, shall be audited by independent certified public accountants selected by the City Council. All broker/dealers, custodians, depositories and investment advisors shall maintain complete records of all transactions that they conducted on behalf of the City and shall make those records available for inspection by the Director or other representatives designated by the City Council or City Manager. All sales of securities for less than the book value of the security shall be approved by the Director and reported to the City Council at the next regular meeting. Sales of securities for less than 98 percent of the book value of the securities must be approved by both the City Manager and the Director. An investment report shall be prepared by the Director on a quarterly basis listing all of the investments held by the City, the current market valuation of the investments and transaction summaries, including a detailed list of the gains and losses recognized. The report shall explain the total investment return during the previous quarter and compare the portfolio's performance to other benchmarks of performance. Within 60 days after the end of the City's fiscal year, the Director shall prepare, sign and deliver to the City Manager and the City Council an annual report on the City's investment program and investment activity which has also been signed by each officer and employee of the City authorized to conduct any of the City's investment activity. The annual report shall include full year and separate monthly comparisons of investment return. Such annual report shall include an analysis of the compliance with this Policy as well as changes in the applicable laws and City of Wylie Investment Policy (As Revised May 17, 1995) Page 13 EXHIBIT A regulations during the previous year and may include any other items of significance related to the investment program. XIII. ETHICS AND CONFLICTS OF INTEREST Officers and employees of the City involved in the investment process shall refrain from personal business activity that involves any of the City's approved custodians, depositories, broker/dealers or investment advisors and shall refrain from investing in any security issue held by the City. Employees and officers shall not utilize investment advice concerning specific securities or classes of securities obtained in the transaction of the City's business for personal investment decisions, shall in all respects subordinate their personal investment transactions to those of the City, particularly with regard to the timing of purchases and sales and shall keep all investment advice obtained on behalf of the City and all transactions contemplated and completed by the City confidential, except when disclosure is required by law. XIV. POLICY REVISIONS This Investment Policy will be reviewed at least annually by the Director and may be amended as conditions warrant by the City Council. City of Wylie Investment Policy (As Revised May 17, 1995) Page 14 ' ', I i 1 E G VE : j T CODE 1 GENE RAL O RNMENT § 2256.052 Title 10 Ch. 2256 1 pality or i § 2256.016. Subchapter Not Applicable to Retirement Systems pality or This subchapter does not apply to a public retirement system as defined by ii for the' i Section 802.001. case, the Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. )l district ., i in which Historical and Statutory Notes an three Prior Laws: nd in the 1 Acts 1987, 70th Leg., ch. 889. , ' icitations I Vernon's Ann.Civ.St. art. 842a-2, § 6. : i id in the l and, as I [Sections 2256.017 to 2256.050 reserved for expansion] half of a 1 ', county, SUBCHAPTER B. INVESTMENT OF LOCAL FUNDS 1. § 2256.051. Definitions ' In this subchapter: • (1) "Investment pool" means an entitycreated under Chapter 791 to invest `+. ?, § 3(a) to -':. P p ;: public funds of two or more local governments. ' (2) "Local funds" means public funds in the custody of a state agency or political subdivision that: ' 1! (A) are not required bylaw to be deposited in the state treasury; bank that q P and 2256.012 (B) the agency or subdivision has authority to invest. ` 1 o bid for : (3) "Political subdivision" means a county, municipality, or special pur- a pose district. F ; (4) "State agency" means an office, department, commission, board, other r ``it agency, institution of higher education, or river authority that is part of any 1'1 a branch of state government. i, 0; Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. ; 'r} 7 '`1 Historical and Statutory Notes ; Prior Laws: ; Acts 1979, 66th Leg., p. 2071, ch. 810. 1py.:; l; ii Vernon's Ann.Civ.St. art. 4413(34c), § 1. ‘, ;i' �: ;ranted by „ 0 a § 2256.052. Rules Governing Investment ii ; . Each state agency or political subdivision shall adopt rules governing the ( .`i* investment of its local funds, including rules specifying the scope of authority of [' `' officers and employees designated to invest local funds. _ r. f Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. ,, ;r 309 1/4 i f._ GENERAL GO" § 2256.052 GOVERNMENT CODE Ch. 2256 Title 10 t'.: Historical and Statutory Notes Prior Laws: Prior Laws: Acts 1989, 71st Leg., ch. 693, § 2. Acts 1979, 66th L Acts 1979, 66th Leg., p. 2071, ch. 810. Vernon's Ann.Civ.St. art. 4413(34c), § 2(a). Vernon's Ann.Cil §. 2256.053. Investment Rate of Return § 2256.056. A state agency, political subdivision, or investment pool shall invest its local A political su: • funds in investments that: authority to holc (1) yield the highest possible rate of return; funds. (2) protect the principal; and Added by Acts 19- (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: f Acts 1979, 66th L. 1 Historical and Statutory Notes Prior Laws: Acts1989, 71st Leg., ch. 693, § 2. 6 § 2256.057. Acts 1979, 66th Leg., p. 2071, ch. 810. Vernon's Ann.Civ.St. art. 4413(34c), § 6(a). ; (a) At least a: subdivision shalt § 2256.054. Designation of Investment Officer funds investmen (a) Each state agency or political subdivision shall designate, by rule, order, (b) The report ordinance, or resolution, one or more officers or employees of the agency, (1) describe subdivision, or investment pool to be responsible for the investment of its local on the date funds. (b) Subsection (a) does not apply if an officer of the agency or subdivision is (2) be preps 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 signe Government Code, is ineligible to be designated as an investment officer under (c) The report Subsection (a). tive officer of tht Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. Added by Acts 199 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 1979, 66th Le Acts 1989, 71st Leg., ch. 693, §§ 2, 3. Vernon's Ann.Civ.: § 2256.055. Express Authority Required § 2256.058. i A person may not deposit, withdraw, invest, transfer, or manage in any other Notwithstandir manner local funds of a state agency or political subdivision without express if authorized by 1 ,written authority of the governing body or chief executive officer of the agency on request of the or subdivision Added by Acts 199 i Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. ¢t 310 GENERAL GOVERNMENT § 2256.058 ,;r1 1 Ch. 2256 i Historical and Statutory Notes +{ • Prior Laws: ti i Acts 1979, 66th Leg., p. 2071, ch. 810. 9 Vernon's Ann.Civ.St. art. 4413(34c), § 3(b). ! ;i 1 § 2256.056. Legal Title in Investment Pool i' , - A political subdivision by contract may delegate to an investment pool the 1 authority to hold legal title as custodian of investments purchased with its local funds. s Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. 3 Historical and Statutory Notes ; Prior Laws: Acts 1989, 71st Leg., ch. 693, § 2. Acts 1979, 66th Leg., p. 2071, ch. 810. Vernon's Ann.Civ.St. art. 4413(34c), § 6(b). i f .r_ § 2256.057. Internal Management Reports 1 (a) At least annually, the investment officer of a state agency or political ' 1 ' >. subdivision shall prepare a written report of the agency's or subdivision's local funds investment transactions for the preceding year. !i I. ; s (b) The report must: ' i E • '' (1) describe in detail the investment position of the agency or subdivision d 1on the date of the report; • (2) be prepared jointly by all investment officers of the agency or subdivi- 1 ; 1 s sion; and x ': i (3) be signed by each investment officer of the agency or subdivision. i ° ;r (c) The report shall be delivered to the governing body and the chief execu- ' tive officer of the agency or subdivision. , • . Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. ill Historical and Statutory Notes 1 , , b) Y Prior Laws: ii t. is Acts 1979, 66th Leg., p. 2071, ch. 810. 11 , >.' Vernon's Ann.Civ.St. art. 4413(34c), § 4. .,,.y 4 § 2256.058. Private Auditor °!l ier Notwithstanding any other law, a state agency shall employ a private auditor �� if authorized bythe legislative audit committee on the committee's initiative or j, ' g �}. icy on request of the governing body of the agency. t Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. 311