07-14-1987 (City Council) Agenda Packet DATE POSTED 7-10-87
TIME POSTED 7:00 P.M.
AGENDA
PRE COUNCIL MEETING 6 :15 P.M.
REGULAR COUNCIL MEETING 7 :00 P.M.
CITY OF WYLIE, TEXAS
TUESDAY, JULY 14, 1987
COMMUNITY ROOM
800 THOMAS STREET
PRE COUNCIL MEETING
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 13 Consider approval of minutes.
2 Insert Consider appointment of
vacancies to the Planning and
Zoning Commission.
3 Insert Consider appointment of
vacancies to the Parks and
Recreation Board.
4 Insert Consider appointment of
vacancies to the Construction
Trade Board.
5 Insert Consider appointment of
vacancies to the Library Board.
PUBLIC READING OF ORDINANCES & RESOLUTIONS
6 14 - 16 Consider approval of an
Ordinance amending Ordinances
79-16 and 85-59 , Weedy Lot
Ordinance - Sections 1 and 4 .
7 17 - 22 Consider approval of a
Resolution endorsing the Texas
Municipal League' s position on
broadening the sales tax base
for Texas cities.
8 23 - 44 Consider approval of Ordinance
#87-35 authorizing and directing
the execution of the North Texas
Municipal Water District - City
of Wylie Sewerage Treatment
Services Contract .
9 45 - 63 Consider approval of Ordinance
#87-36 authorizing and directing
the execution of the North Texas
Municipal Water District - City
of Wylie Sewer System Facilities
Installment Sales Contract .
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
10 Recess.
NEW BUSINESS
11 Oral Consider presentation by Baron
Cook on a Planned Development
for Canterbury Hill Subdivision
(Located in Wylie ETJ) .
12 64 - 65 Consider approval of Preliminary
Plat of Birmingham Park, Tract
17 .
13 66 - 69 Consider approval of Final Plat
and acceptance of Public
Improvements for Quail Hollow
II , Lot A (P.M. Akin
Elementary) .
GENERAL DISCUSSION
14 Citizen Participation
15 Council Discussion
FINANCIAL MATTERS
16 70 - 73 Consider approval of
Construction Draw #8 in the
amount of $155,298.01 to Speed
Fab-Crete International for
work completed on the Municipal
Complex .
17 74 - 77 Consider approval of 1986-87
Audit Engagement Proposal by
Doll , Karhal , & Company,
Certified Public Accountants,
(Approximately $15,750) and
authorizing Mayor to sign
proposal .
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
18 78 - 83 Consider approval of
reimbursement to Baron Cook of
1378 Development Corporation for
offsite water line to Newport
Harbor subdivision (Impact Fund
$50 ,000 . ) .
19 84 - 88 Consider approval of contract
with Sallinger, Nichols,
Jackson, Kirk and Dillard
for the collection of delinquent
taxes and authorizing Mayor ' s
signature.
20 ADJOURN
CITY COUNCIL MEETING
MINUTES
JUNE 23, 1987
7 :00 P. M.
The Wylie City Council met in regular session on Tuesday,
June 23 , 1987 at 7 : 00 P. M. in the Community Room. A quorum
was present and notice of the meeting had been posted in the
time and manner required by law. Those present were Mayor
Chuck Trimble, Mayor Pro Tem Sandra Donovan , Council Members
Calvin Westerhof , Kent Crane, John Akin, Chris DiTota and
Marvin Blakey, Acting City Manager James Johnson , City
Secretary Carolyn Jones, Code Enforcement Officer Roy
Faires , Acting City Engineer Ron Homeyer , Acting Public
Works Director Don White, and Supervisor of Finance Prudence
Kling .
Mayor Trimble called the meeting to order and Councilman
Blakey gave the invocation.
APPROVAL OF MINUTES: There being no corrections or
additions to the minutes , a motion was made by Councilman
Westerhof to approve minutes as submitted. Seconded by
Councilman Crane . The vote was as follows : Mayor Trimble -
in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin
- in favor , Councilman Westerhof - in favor , Councilman
DiTota - in favor, Councilman Crane - in favor , and
Councilman Blakey - in favor . This motion carried with all
in favor .
PENDING EXPIRATION OF MEMBER TERMS ON LIBRARY BOARD,
CONSTRUCTION TRADES BOARD AND ZONING BOARD OF ADJUSTMENTS:
Councilman Akin thanked staff for the report on all the
boards and which members said they would continue for
another term. Councilman Akin also noted that there were
several vacancies . Councilman DiTota wanted to know if
Council was going to stagger the terms on expiration dates .
Mayor Trimble said would like to go with 1 year and 2 year
terms . Mayor Trimble also requested that Council be
thinking of some names of people to serve on these boards
that have vacancies . There was no action taken on this item
at this time, the Council will address this item on their
next agenda .
AMENDMENT TO ORDINANCE 78-17 REGARDING REGULATION OF
VEHICULAR TRUCK TRAFFIC ON CITY STREETS: Mr . Roy Faires
stated that there was a request by Lt . Johnny Holley to
change the word "truck" to "motor vehicle" . Councilman Akin
asked if this established the truck route. Mr . Faires said
no, the truck route had already been established by a prior
ordinance. Motion was made by Mayor Pro Tem Donovan to
approve the amendment of this ordinance with the above
change. Seconded by Councilman DiTota .
Councilman Crane said there were State and Federal Laws that
will not allow an ordinance to prohibit buses on city
streets. Mr . Thomas Maynard of 303 N . Jackson, operates one
of the buses , and stated the buses are regulated under state
law and that law allows them to go on any street within a
City to deliver or pick up people . Councilman DiTota said
isn' t this for through street usage. Mr . Maynard said you
can not stop a bus from going on any street .
Mayor Pro Tem Donovan chose to rescind her motion to pass
this ordinance . Motion was made by Councilman Akin to table
this item until a further study had been done. Seconded by
Councilman Blakey. The vote was as follows : Mayor Trimble
- in favor, Mayor Pro Tem Donovan - in favor, Councilman
Akin - in favor , Councilman Westerhof - in favor , Councilman
DiTota - in favor , Councilman Crane - in favor , and
Councilman Blakey - in favor . This motion carried with all
in favor .
AMENDMENT TO ORDINANCE NO. 84-12 PROVIDING FOR FEES AND
CHARGES FOR EMERGENCY MEDICAL SERVICES PROVIDED BY THE CITY:
Prudence Kling from the Finance Department stated that if
Council was considering a fee increase it would have to be
done in June in order for Medicare to pay the increased
amounts . Medicare begins their physical year on July 1 and
all fees are approved prior to that time. The following
changes are being presented for the increases in fees :
Emergency, non resident pick-up outside the corporate
limits of the City from $120 .00 to $150 .00 plus mileage
Emergency, resident of City picked-up within the
corporate limits from $100 .00 to $125 .00
Non emergency transfer service for non-resident picked-
up outside the corporate limits of the City
from $75 .00 to $100 .00 plus mileage
Non-emergency transfer service for resident of the City
from $50 .00 to $75 . 00 plus mileage
Add the following additional charges to the original
ordinance:
Oxygen mask $2 .75 each
4 X 4 bandages . 75 each
Triangle bandages .75 each
Motion was made by Councilman Westerhof to approve the new
fees for the emergency medical services . Seconded by
Councilman Akin. The vote was as follows: Mayor Trimble -
in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin
- in favor , Councilman Westerhof - in favor, Councilman
DiTota - in favor , Councilman Crane - in favor , and
Councilman Blakey - in favor . This motion carried with all
in favor .
APPROVAL OF AN ORDINANCE ESTABLISHING SMOKING AND NON-
SMOKING AREAS IN MUNICIPAL COMPLEX: The smoking areas in
the new municipal complex will be the break room and the
court yard , all other areas will be non-smoking. Motion was
made by Mayor Pro Tem Donovan to approve the ordinance
establishing smoking and non-smoking areas in municipal
complex . Seconded by Councilman DiTota . The vote was as
follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan -
in favor , Councilman Akin - against , Councilman Westerhof -
in favor, Councilman DiTota - in favor, Councilman Crane -
in favor , and Councilman Blakey - in favor . This motion
carried with six (6) in favor , and one (1) against .
PRESENTATION BY MR. LAIRD MARKLAND OF MCCREARY, VESELKA,
BECK AND ALLEN, P.C. REGARDING TERMINATION OF DELINQUENT
TAX COLLECTION CONTRACT: Mr . Beck who is a member of this
firm, requested to speak to Council prior to Mr . Markland.
Mr . Beck said it was a pleasure to be here and that one of
the problems was communication between the City and this
firm. Our firm has worked with Sallinger, Nichols, Jackson
in Dallas on other taxes , we just tried to get a joint
contract with the City of Dallas and Dallas I .D .S. Mr .
Beck said their firm wants to stay on as the City of Wylie ' s
tax attorney. Mr . Markland said the one problems recently
was our firm sent out a list for the City staff to mark as
paid/due and return prior to June 1st. This list was
received from Wylie the end of May without any addresses . I
called Mr . Johnson about this and one of your clerks marked
our list up and sent it back. Mr . Johnson said there were
some tax payers who he wanted something done about . I have
taken these and gone for collection . Mr . Markland said in
C
comparing the City of Wylie' s delinquent taxes with other
cities , Wylie has $44 ,000 prior to 1986 - Grayson County
ISD had $398 ,000 . of which $108 , 000 . was 1986 and Anna ISD
has $210 ,000 . of which $76 ,000 is 86 taxes . As you can see ,
Wylie has the best record . Mr . Beck stated that his firm
would go out and seize property if that is what the Council
wanted them to do. Mr . Markland said they had begun to use
the telephone to contact people who have delinquent taxes
and it has paid off .
Councilman Westerhof thanked them for coming out , but would
you have come if the council had not notified you that the
City was terminating their contract with this firm.
Councilman Westerhof also stated that Mr . Markland made the
remark about the biggest delinquent tax payer coming in and
paying up his account . But Mr . Markland, you failed to
state that several of the Council members had talked with
this party and had visited with him. Your firm cannot take
the credit for that delinquent tax coming in .
Councilman Crane stated that Mr . Markland had asked what we
wanted , Council wanted your attention and we got it , I would
be inclined to go one more year . Councilman Akin said we
got their attention, but for how long .
Motion was made by Councilman Crane to obtain this firm and
set up regular meetings for discussion for one more year .
There being no second, this motion died .
Mayor Trimble called for a five minute recess .
Mayor Trimble called the meeting back to order after the
recess .
DISCUSSION ON COLOR SCHEME SELECTION AND TEXTURES FOR THE
NEW MUNICIPAL COMPLEX: Councilman Akin wanted to know if
action had been taken on this at the same meeting that the
decision was made on pictures to be hung in the new
municipal complex . Also I have a problem with hypocrites on
the council , many on this council was opposed to the
municipal complex and now are making decisions to change
what former council members supported and worked for. Mayor
Trimble said no, that one council member had been asked to
work with Mr . Faires of the City Staff and Mr. Kennedy of
Speed Fab-Crete for the color scheme. Councilman Crane said
he had a question about the texture, in a work session the
Council had discussed sand texture . Mr . Faires said the
crow foot texture looked like a better finish. Councilman
Crane agreed, but said this was used mostly in homes not
businesses. It was noted that if there was any change in
the color scheme at this time, there would be an additional
charge. There were no changes made.
APPROVAL OF SPECIAL WARRANTY DEED FROM K. C. SWAYZE
REGARDING 1 .930 ACRES OF LAND: Mr . Swayze gave this land to
the City for a small park. The park is located between
Willow Way and Valentine streets. Council voted on
accepting this land for a park in December , 1984 , but there
was never a warranty deed signed by Mr . Swayze or the City.
Motion was made by Councilman Akin to approve the warranty
deed . Seconded by Councilman Westerhof . The vote was as
follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan -
in favor, Councilman Akin - in favor, Councilman Westerhof -
in favor , Councilman DiTota - in favor , Councilman Crane -
in favor, and Councilman Blakey - in favor . This motion
carried with all in favor .
CITIZEN PARTICIPATION: Mrs . Wanda Ellis of 511 Hilltop
wanted to know who made the decision to put council members
pictures in the new council chambers? What is the cost of
this? City Manager James Johnson said the cost is less than
$300 . 00 . Did you choose different companies . City Manager
James Johnson said no, the Mayor ' s was at no charge and the
council members were charge for their pictures. Mrs . Ellis
then asked if there was an extra charge on the paint for the
new complex . Mayor Trimble said there was no change in the
color scheme tonight , there was no charge . Mr .s Ellis then
wanted to know if council had to approve the changes before
they were done . City Manager James Johnson said yes .
COUNCIL DISCUSSION: Councilman Akin asked what was the
original cost of the new complex . City Manager James
Johnson said it was $1,734 ,838 , the bond was for 1 .8 million
and the amended cost is at $1 , 756 ,815 . Councilman Akin
wanted to know if the money was drawing interest. City
Manager James Johnson said yes . Councilman Akin wanted to
know if the weedy lot ordinance could be looked at , if we
send out letters and give the people 14 days to comply, by
the time the 14 days are past, the grass and weeds are
another two feet tall . Can we mow and send a bill to the
owner, I am getting a lot of calls about weedy lots .
Councilman DiTota thanked the staff for the handling of the
house on Sliverleaf .
Councilman Crane wanted to know if staff had looked at
bronze plaques .
Mayor Pro Tem Donovan wanted to know how the council wanted
to go about changing the city logo. Councilman Akin said
we went through a lot and gave a $100 .00 for the logo , it is
on everything and now we want to change it . Mayor Pro Tem
Donovan said she did not want to meet with the people if
council did not want to go that way. Councilman Akin said
the problem is we are beginning to change things that other
council ' s have put into effect. Mayor Pro Tem Donovan said
we would not change everything at once , only when things
needed to be repainted or as supplies ran out . Councilman
DiTota said it would cost a lot for the repainting and for
all the supplies to be reordered at once. Councilman Akin
said he has a problem with council not supporting what other
councils have done. Councilman Crane suggested that council
wait until they are in the new complex .
Mayor Trimble said the meeting with Jerry Hoagland on July
14th, is changed to July 16th at 7 : 00 P. M. in the Library.
This is because Mr . Hoagland cannot be here on July 14th.
APPROVAL AND AUTHORIZATION FOR MAYOR TO SIGN TASK ORDER #4
FROM CH2M HILL: Mr. Morrison from CH2M Hill stated this
task order #4 is in regards to design services for the
upgrade and expansion of the existing wastewater treatment
plant , and services for preparing progress reports for the
Texas Water Commission as stipulated in their Enforcement
order to the City. The design we are to follow is to
upgrading the existing plant to a capacity of 2mgd .
Councilman Crane said there was another way that may save
the City some money, but as of this date the person had not
sent him or the Mayor the information . The City of Dallas
has used this method since the State has come down on them
to come into compliance. The City of Dallas is having good
results from this system. Mr . Morrison requested the
information be sent to him as soon as it was received and he
would check into it. At this time, Mr . Morrison, stated he
was not sure what they were talking about . Motion was made
by Councilman Westerhof to approve and sign task order #4 .
Seconded by Mayor Pro Tem Donovan . The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor ,
Councilman Akin - in favor , Councilman Westerhof - in favor ,
Councilman DiTota - in favor, Councilman Crane - in favor ,
and Councilman Blakey - in favor . This motion carried all
in favor .
1
AWARDING PROFESSIONAL SERVICES CONTRACT UNDER MAYOR ' S
SIGNATURE FOR UTILITY RATE STUDY: There were presentations
given by Reed-Stowe & Company and Charles Binford Jr .
Financial Consultant . Mr . W. M. Vick of 680 Jock Lane,
asked if any of the council members were associated or
connected with either of these firms . City Manager James
Johnson stated that of the two Binford had the lowest quote,
but that staff would recommend Reed-Stowe since they have
the most experience . Motion was made by Councilman Crane to
go with Charles Binford Jr . , Financial Consultant since they
gave the lowest quote . Seconded by Councilman Akin . The
vote was as follows: Mayor Trimble - in favor, Mayor Pro
Tem Donovan - against , Councilman Akin - in favor ,
Councilman Westerhof - in favor, Councilman DiTota -
against , Councilman Crane - in favor , and Councilman Blakey
- against . This motion carried with four (4) in favor, and
three (3) against .
APPROVAL OF ATTORNEY' S FEES IN CONNECTION WITH RECALL
PETITION: The cost of these fees is $7 ,057 .23 , and are for
Mayor Trimble, Mayor Pro Tem Donovan and Councilman
Westerhof . Councilman Akin said he did not like to see this
on the agenda . There is a direct conflict of interest plus
moral and ethical problems and I do not support this at all .
If the three council members named vote for payment of this
amount they will be voting against the tax payers who they
were elected to serve.
City Attorney Mr . Dillard said the City of Wylie has the
right to pay this bill and it is not a conflict of interest .
This is no different from any other bill the city has to
pay.
Councilman Crane ask Mayor Trimble if he could read a
statement to the council . The statement read as follows :
I believe that the attorney fees should not be paid for
Sandra Donovan, Chuck Trimble and Cal Westerhof by the
taxpayers of the City of Wylie for the following 3
reasons:
1 . The City has not received an itemized bill to
support the invoices requesting payment . While at City
hall on Monday the 22nd, I spoke with mr. Boyd, the
Councilmen' s attorney. Mr . Boyd' s response to my
request for the itemized bill was , "I was retained by 3
individuals. I served them as individuals and not as
Councilmen . I was not working for the City of Wylie
and therefore I cannot give you any details concerning
my arrangement with my clients . " He repeated his
statement to James Johnson, acting City Manager . By
his statement alone it is evident that it was never the
intent of their attorney to be representing the
interests of the taxpayers of Wylie .
2 . While the legal department of the Texas Municipal
League stated that it might not be illegal for the City
to pay a bill such as this, it was their opinion that
the 3 councilmen in questions would probably have a
conflict of interest and should not vote on the issue.
The legal department of the Attorney Generals office
said that the questions failed in two primary areas: 1 .
The Councilmembers rejected the City Attorney' s legal
opinion to set the recall election. 2 . The
Councilmembers failed to get council approval prior to
expending funds on behalf of the City.
3 . Given the financial hardship the City is facing with
the Acting City Manager stating "We are going to run
out of money in August" it seems inappropriate for
Council Members to consider burdening our cashflow
further with a questionable expenditure like this . At
the same time this Council is talking about lay-offs
and increasing taxes , we are considering spending over
$7,000 for a bill that we don' t even have an itemized
statement for .
In conclusion I can only hope that this Council will
see fit to deny this untimely request for the payment
of a bill that should rightfully be paid by those
individuals that incurred the bill . Thank you,
Councilman Crane .
Motion was made by Mayor Pro Tem Donovan to approve the
payment of the attorney fees . Seconded by Councilman
Blakey. The vote was as follows : Mayor Trimble - in favor ,
Mayor Pro Tem Donovan - in favor, Councilman Akin - against ,
Councilman Westerhof - in favor , Councilman DiTota - in
favor, Councilman Crane - against, and Councilman Blakey -
in favor . This motion carried with five (5) in favor and
two (2) against .
Mrs . Wanda Ellis came forward and stated that these council
members should not vote on this item. Mayor Trimble asked
her to sit down.
DISCUSSION ON SENATE BILL 336 (IMPACT FEES) : City Manager
James Johnson said this was the bill that had been discussed
at several council meetings . This bill has been passed and
is effective immediately, at first it was thought to have an
effective date of September, 1987 . The Governor has
declared this to be and emergency and it is effective
immediately. Public hearings will have to be held when
imposing this fee with three notices (30-60 days) from date
of hearing. Since this bill has been passed, it is
necessary to have a person serve on the Planning and Zoning
Commission who represents real estate, development or
building industry. Impact fees will be used to pay CH2M
Hill and to pay for capitol improvements . Councilman DiTota
wanted to know if this bill set the standards for the fee .
City Manager James Johnson said yes, it gives the
guidelines . City Manager James Johnson suggested that
council and the responsible parties get together and work on
this fee and get a rate study done on the Impact Fee . City
Manager James Johnson said that the City Charter states that
the Planning and Zoning Commission will review this fee .
Mayor Trimble recessed the open meeting and convened council
into executive session under the authority of Article 6252-
17 of V.A.C.S . Section 2 - legal matters consultation
between the Governmental Body and its Attorney.
Mayor Trimble reconvened the opening meeting and stated that
there was no action to be taken from the executive session.
Motion was made to adjourn with all in favor .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
CALLED CITY COUNCIL
MEETING - MINUTES
JUNE 29, 1987
7 : 00 P.M.
The Wylie City Council met in a called session on Monday,
June 29, 1987 at 7 : 00 P .M. in the Community Room. A quorum
was present and notice of the meeting had been posted in the
time and manner required by law. Those present were Mayor
Chuck Trimble, Mayor Pro Tem Sandra Donovan , Council Members
Calvin Westerhof , John Akin, Chris DiTota, Marvin Blakey,
and Kent Crane, Acting City Manager James Johnson , City
Secretary Carolyn Jones, Code Enforcement Officer Roy
Faires , Acting Public Works Director Don White, City
Attorney Larry Jackson and Acting City Engineer Ron Homeyer .
Mayor Trimble called the meeting to order and Councilman
DiTota gave the invocation.
Mayor Trimble recessed the open meeting at 7 : 05 P.M. and
convened council into executive session under the authority
of Article 6252-17 of V.A.C.S . , Section 2 , paragraph e and
g .
Mayor Trimble reconvened the council into open session at
8 :45 P . M. Mayor Trimble made the statement that there
would be no presentation of the amended 1986-87 budget nor
would there be any action on the adoption of the amended
1986-87 budget .
DISCUSSION OF EUBANKS/HWY 78 RIGHT-OF-WAY ACQUISITION:
Acting City Engineer Ron Homeyer has discussed with Mr . A.
D. Boyd the needed land for r-o-w and believes that Mr . Boyd
will dedicate the needed r-o-w. Mrs . Kathy Hummel does not
have a problem with the water/sewer line, but does have a
problem with the r-o-w for a 4 lane street . The staff is
faced with a short time frame for getting in the necessary
lines in order for the utilities to be there for the new
city hall . This r-o-w is needed in order to get the sewer
line in and up to the new city hall site. There is enough
room in the prescriptive easement but getting sewer down
Eubanks is where the problem is . If it is put in the
prescriptive easement , it will cost more because of the
depth it will have to be installed . Would council consider
a credit of the appraised value of the dedicated land for
the r-o-w to the cost of the sewer line and tap fees .
Mayor Pro Tem Donovan wanted to know the time frame on the
road . Mr. Homeyer said we had been talking about it for a
year and a half . Councilman Akin asked City Manager James
Johnson if he had looked this up in the past minutes . City
Manager James Johnson said no. Mr . Barron Cook said in the
past , council had made a decision to use of the perimeter
street funds to put in an asphalt road. Mr. Homeyer also
requested the council give him guidelines on the sewer for
Hwy. 78 , as some of the people would be dedicating land but
did not want the sewer . Councilman DiTota wanted to know if
the cost allocations were for a four (4) lane road . Mr .
Homeyer said they were for a 33 ft . road , a four land would
be 44 ft . Councilman DiTota asked Mr . Homeyer if he agreed
with Mr . Pappas ' s statement "that if certain parties choose
not to participate, particularly Steaks over Texas and the
baithouse, they should be warned that non-participation will
release the City from the commitment to continue to pick up
their sewage and they should find alternate methods for
taking care of that problem. Mr . Larry Jackson, City
Attorney said the City cannot cut someone off the sewer
line. Councilman Crane said he would like to see the the
city get the necessary right-of-way dedication for what we
need for future use. Mr . Homeyer said there were three
2
plans to allocate the cost from, one being on the property
frontage, second on the number of acres , and the third on a
pro-rated method . Mr . Homeyer stated that staff recommends
the third method. Mr . Cook said the commitment he made with
the City was to pay $34 ,000 . of the sewer line from Brown
St . to Hwy. 78 , the total cost of this is $56 ,000 .
Councilman Crane made a proposal to try and get the
easements for the right-of-way needed for the sewer line and
the road on the west side of Eubanks . The property owners
can pay later as they tie on to the sewer line.
Motion was made by Councilman Westerhof to use the
prescriptive R-O-W for the sewer line and a two (2) lane
street . Councilman Crane wanted to know if the council was
going to access them for their portion of the road .
Mr. Faires stated that the perimeter street ordinance lets
the developer sign a portion of his funds over to be used
for an asphalt street until such time a concrete street can
be put in. Mr . Faires and Mr . Cook both stated that there
was enough money to asphalt two lanes of street from Brown
to Hwy 78 in the prescriptive easement. Mr. Faires also
stated to remember that when the Boyd or Hummel property
sales , the new owner will have to pay the perimeter street
fees because Eubanks will only be two (2) lanes and is to be
a four (4) lane in the future.
Councilman DiTota wanted to know on the $34 ,000 . being paid
for the sewer, do we still access the property owners for
the balance of the cost for this line . Councilman Westerhof
stated his motion again, to go ahead and put in the 12"
sewer line and the two lane street [ in the prescriptive
easement. Seconded by Councilman Akin. The vote was as
follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan -
in favor, Councilman Akin - in favor, Councilman Westerhof -
in favor , Councilman DiTota - in favor , Councilman Crane -
against, and Councilman Blakey - in favor. This motion
carried with six (6) in favor , and one (1) against .
Mr . Cook wanted to know about the paving of the road and the
water line to loop the area . Mr . Homeyer said this area
does need to be looped and needs to go up Eubanks with a
water line in order to loop it .
AUTHORIZATION TO DISPOSE OF UNUSED CITY OWNED EQUIPMENT:
The following is a list of unused equipment that staff is
seeking authorization to dispose of :
1965 Chevrolet 60 , 6 yd dump truck 4C623-S-203829
1067 Continental Motors Air Compressor G193-2224
unknown Vibro Plus Roller Type CG11 1106262
1970 Ford 50 18 ' Flatbed C55385117054
1969 GMC 3500 1 ton Truck CS30V-SA21998
unknown Tar Kettle
unknown John Deere Front End Loader 737469
unknown Fire Truck Tank
unknown Ford Truck Bed
unknown Mobile Sweeper -TE-3 31145
1977 Ford F-100 Flat Bed Truck F10BLY53590
1966 Galion Motor Grader 104HGC06758
unknown Pull Sweeper
1972 Dodge Truck 014AEZU705462
All of the above has been declared as having salvage value
only by the City Attorney. The City has been offered
$540 .00 for all of the above. Motion was made by Councilman
Westerhof to grant authorization to staff to dispose of the
above listed equipment . Seconded by Mayor Pro Tem Donovan .
The vote was as follows: Mayor Trimble - in favor, Mayor
Pro Tem Donovan - in favor , Councilman Akin - in favor ,
Councilman Westerhof - in favor, Councilman DiTota - in
favor , Councilman Crane - in favor , and Councilman Blakey -
in favor. This motion carried with all in favor.
There being no other business , a motion was made to adjourn
with all in favor.
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
7
CALLED CITY COUNCIL
MEETING - MINUTES
JULY 6, 1987
6: 00 P.M.
The Wylie City Council met in a called session on Monday,
July 6 , 1987 in the Conference Room at City Hall. A quorum
was present and notice of the meeting had been posted in the
time and manner required by law. Those present were Mayor
Chuck Trimble, Mayor Pro Tem Donovan , Council Members Chris
DiTota, John Akin, Calvin Westerhof, Marvin Blakey, and Kent
Crane, Acting City Manager James Johnson , City Secretary
Carolyn Jones .
Mayor Trimble called the meeting to order and Councilman
Akin gave the invocation. Mayor Trimble adjourned the
regular meeting and convened the workshop.
WORKSHOP REGARDING 1986-87 AMENDED BUDGET: City Manager
James Johnson stated that the revenues were down in both the
general and utility funds .
Councilman Akin asked City Manager James Johnson how many
more customers did the water department have over this time
last year . City Manager James Johnson said approximately
400 more. Councilman Akin asked City Manager James Johnson
if he compared the last four months of last year to what
this year looked like, and did he have those figures with
him. City Manager James Johnson said he took the eighth
(8th) month revenue report and figured from there, and that
all franchise taxes have dropped from last year .
Councilman Crane said the problem he has is that council is
proposing to accept a budget with a quarter million dollar
deficit. City Manager James Johnson said the council can
borrow it and pay it back next year . Councilman Crane said
that he had reworked the budget that came with the packets
and has it down to a $40 ,000 . deficit . Mayor Pro Tem
Donovan asked Councilman Crane if he talked with the past
city manager Gus Pappas about this budget . Councilman Crane
said yes, and that he had talked with City Manager James
Johnson and department heads of the city as well as
employees . Councilman Crane handed out a summary sheet of
what he had done on the budget . Councilman Crane said he
called City Manager James Johnson on Friday about some
addition problems he found in the budget that was in the
packets . Councilman Crane stated that he knows that City
Manager James Johnson has more than one area to look after
and that there is a lot of problems that he is having to
deal with.
The Council took the summary sheet and compared the big
differences . After much discussion of the summary sheet ,
Councilman Crane said that one thing that was bothering him
was that Council has approved to pay for things where there
was no money, such as rate studies .
Mayor Pro Tem Donovan said she felt we needed to be fair to
everyone and take both budgets and study them before making
a decision. After each of us have studied these budgets ,
then have the work shop.
Councilman Crane said that he does not say his proposal of
the budget is correct, but that staff is already down by
nine (9) people and yet council is thinking about letting
seven (7) more go. Councilman Crane said he had a problem
with letting trained people go and in a few months hiring
again and having to retrain.
1
Councilman Akin said he did not like to think of letting
people go, but we have to do what has to be done. In
looking over 85-86 budget , we added a lot of people , maybe
we should have stopped during this time.
Mayor Trimble said what we have done is built up a good
employee force over the last few years , maybe some of these
could have been left off . Mayor Trimble also stated that
Councilman Crane had a good question of what to do with a
quarter million dollar deficit .
Councilman DiTota wanted to know what benefit it was to
discuss this budget with Gus Pappas . Councilman Crane said
there were a lot of questions of why and how they arrived at
the figures shown in the budget . Councilman Crane also
stated that sometimes you are fed information to get you
where you are, I want to talk with any one, past council
members and city managers , department heads , that might have
some answers . AS a council member I am going to seek
information and will not bar any one from talking with me .
Councilman Akin said to be a successful council , you have to
be an open council . Everyone should be involved and not
just one or two .
Mayor and Council had a discussion on a new business that
maybe coming into Wylie, in regards to questions from this
business .
Mayor and Council also discussed the vacancies on the
various boards of the City and requested a work session or
pre meeting prior to the next Council meeting .
Motion was made to adjourn with all in favor .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
1
MINUTES
PLANNING & ZONING COMMISSION
REGULAR MEETING
THURSDAY JULY 2, 1987
The Planning and Zoning Commission for the City of Wylie,
Texas met in a Regular Meeting on July 2, 1987 in the
Community Room om at 800 Thomas Street. A quorum was present
and notice of the meeting had been posted for the time and
in the manner required by law. Those present were: Chairman
Brian Chaney, Vice-Chairman Ben Scholz, Bobby Skipwith and
Ken Mauk. with R. R. Miller and Jay Davis arriving late.
Representing the city staff was Roy Faires, Code Enforcement
Officer and Amanda Maples, Secretary.
ITEM NO. 1 - CONSIDER APPROVAL OF MINUTES - Bobby Skipwith
made a motion ion to approve the minutes. Ken Mauk seconded the
motion. Motion carried 4-0.
ITEM NO. 2 - CONSIDER APPROVAL OF PRELIMINARY PLAT FOR
BIRMINGHAM PARK, TRACT 17 - Roy Faires, Code Enforcement
Officer, addressed the Planning and Zoning Commission
stating that this plat was previously approved but it had
died because of the time limit ; therefore, it must be moved
through the motions again. Its zoning is SF-3. It has been
approved by the Engineering Department and there are no
changes from the original plat. Therefore, the staff
recommends approval.
Mike Kindred, representing Mortgage Investment Company,
owner of about 580 acres of the Birmingham Farms, came
forward saying that his company had met all of the
requirements for a Preliminary Plat with SF-3 zoning and
that he was available to answer any questions that the
Planning and Zoning Commission may have concerning the plat.
He stated further, that Tract 17 had about 42 acres of SF-3
zoning.
Bobby Skipwith asked Mr. Faires if this was the tract that
Mortgage gage Investment Co. was asking for a zoning change on.
Mr. Faires replied "no" their are no changes in this tract.
Tract 16 is the one that they are requesting a zoning change
on.
Vice-Chairman asked Mr. Kindred if they were only going to
build one half on Alanis Road.
Mr. Kindred replied that they would be building all of
Alanis at least up to the retail tracts. It will be built
in the form of a boulevard.
Chairman Brian Chaney stated that he remembered this plat
from the first time that it was submitted and that he did
not see any problem with it before.
Vice-Chairman Ben Scholz said that the length of the back
alley seemed to be extremely long and asked if speed bumps
would be installed.
Bart Treece said that they had not anticipated installing
any speed bumps but to keep in mind what this will look ok. like
when tract 16 is put next to it. We always try to keep
alleys in the range of 12C)0 to 1500 feet and I believe that
this alley does not exceed that.
Ken Mauk made a motion to accept the Preliminary Plat as
presented. Bobby Skipwith seconded the motion. Motion
carried 6-0.
ITEM NO. 3 - ADJOURN - Ken Mauk made a motion to adjourn the
July 2, 1987 Regular Meeting of the Planning and Zoning
Commission. Bobby Skipwith seconded the Motion. Motion
carried 6-0.
Brian Chaney, Chairman
Respectfully Submitted :
Amanda Maples, Secretary
/3
TO: MAYOR AND COUNCILMEMBERS
FROM: JAMES JOHNSON, ACTING CITY MANGER` 7/
RE : ITEM #6 - WEEDY LOT ORDINANCE
DATE: JULY 10, 1987
This ordinance amendment is at the request of the City Council
regarding weedy lots, brush, etc. lowering the existing
requirements to 12" for weedy lots or unsightly material in
height. This ordinance also provides a section on notice to
owners and also; rectification of the problem if required, by the
City, with a lien placed on the property for the clean up.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE
79-16 AS AMENDED BY ORDINANCE 85-59 BY AMENDING SECTION 1 ,
TO LOWER THE PERMITTED LEVEL OF GRASS AND WEEDS TO 12 INCHES
AND AMENDING SECTION 4, SO THAT THE TIME FOR COMPLIANCE IS
REDUCED TO SEVEN DAYS. PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR
VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS; the City Council has determined that the height
and time requirements of ordinance 79-16 are not consistent
with the Councils desire to provide a safe and healthful
environment for the citizens of the City of Wylie, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, that
SECTION 1.
Ordinance 79-16 as amended by Ordinance 85-59 is hereby
amended so that Sect ion 1 reads as follows:
SECTION 1. WEEDS, BRUSH, ETC. , OVER 12 INCHES HIGH.
It shall be unlawful for any person owning, claiming,
occupying or having supervision or control of any real
plated property occupied, within the corporate limits of the
City, to permit weeds, brush or any objectionable or
unsightly matter to grow to a greater height than twelve
( 12) inches upon any such plated real property. This
ordinance does not apply to street or thoroughfare R. O. W.
All vegetation, not regularly cultivated (and excluding
farmer' s craps and rancher' s grass or forage) which exceeds
twelve ( 12) inches in height shall be presumed to be
objectionable and unsightly matter.
SECTION E.
Ordinance 79-16 is further amended by rewording Section 4 so
that the amended sect ion reads as follows:
lows:
SECTION 4. NOTICE TO OWNER TO REMOVE, ETC. ; REMOVAL BY
CITY UPON FAILURE OF OWNER TO DO SO.
In the event that any person owning, claiming,
occupying or having supervision or control of any real
property occupied or unoccupied within the corporate 1 imits
of the City fails to comply with the provisions of Sections
1, 2 and 3, it shall be the duty of the Building Inspector' s
Office to give seven (7) days notice in writing to such
person violating the terms of this ordinance, or by letter,
certified, return receipt requested addressed to such person
at his last known address.
If such letter is undeliverable and the whereabouts of the
owner cannot be determined, the notice will be published at
least two times within ten consecutive days in the City' s
official newspaper. If such person fails or refuses to
i
comply with the provision of Sections 1, 2, and 3, within
seven (7) days after date of notification in writing or by
letter, or date of second publication of notice in the
City' s official newspaper, the City may go upon such
property and duo or cause to be done the work necessary to
obtain compliance with this ordinance, and may charge the
expenses incurred in doing or in having same done, to the
owners of such property as provided hereafter in compliance
rs
with Article 4436, Revised Civil Statutes of Texas, as
amended.
SECTION 3.
That all ordinances of the City in conflict with the
provisions of this ordinance be, and the same are hereby,
repealed and all other ordinances of the City riot in
conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 4.
Should any paragraph, sentence, subdivision, clause, phrase
or sect ion of this ordinance be adjudged or held to be
unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part
or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect
the validity of the remaining portions of this ordinance.
SECTION 5.
Any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to a
fine not to exceed the sum of Two Hundred Dollars ($200. iris)
for each offense, and each day such violation shall continue
to exist shall constitute a separate offense.
SECTION 6.
This ordinance shall take effect immediately from and after
its passage and publication of its caption, as the law in
such cases provides.
DULY PASSED by the City Council of the City of Wylie,
Texas, this the day of , 1987.
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
/'
RESOLUTION NO.
CITY OF WYLIE
WHEREAS, sales tax receipts for the State of Texas and for
cities across the state have been steadily
decreasing; and
WHEREAS, the city faces ever-increasing service demands for
public safety, water, wastewater, solid waste
disposal , and other services ; and
WHEREAS, the Texas economy is undergoing fundamental
changes , shifting from reliance on oil , gas , and
other natural resources to an economy based
heavily on information , services , and trade; and
WHEREAS, the current sales tax system relies too heavily on
the old economy, leaving most of the new economy
untaxed;
NOW, THEREFORE, BE IT RESOLVED BY THE WYLIE CITY COUNCIL ,
that the City Council endorses and will actively
support efforts to broaden the sales tax base to
include taxation of services , but to retain
exemptions for food , drugs , medicine, medical
services , and medical supplies; and
BE IT FURTHER RESOLVED THAT THE WYLIE CITY COUNCIL,
urges the State Legislature to enact the
legislation necessary to expand the sales tax base
and to grant Texas cities the authority to impose
a one-cent , optional city sales tax on the
expanded base.
Chuck Trimble, Mayor
City of Wylie , Texas
ATTEST:
Carolyn Jones , City Secretary
/ 7
NEWS RELEASE
Mayor Trimble of the City of Wylie today expressed support
of efforts in Austin to expand the state sales tax base as a
means to address the fiscal crisis faced by the state and as
a way to produce additional city revenue.
Mayor Trimble pointed out that because service industries
are exempt from taxation , the sales tax base no longer
accurately reflects the current Texas economy. The Mayor
said the Texas Municipal League, of which the city is a
member , supports the extension of sales tax to services , but
wants to retain exemptions for food , drugs , medicine, and
medical services and supplies .
"Because cities are facing severe revenue shortfalls , " the
Mayor said , "we call upon the Legislature to expand the
sales tax base and to authorize cities to impose the
local-option, one-cent sales tax on that expanded base."
The Texas Municipal League estimates that such legislation
would produce approximately $228 million for cities across
the state during the next two years .
/Z/
}
xt
•
BROADENING THE STATE SALES TAX:
THE MUNICIPAL PERSPECTIVE
The Texas Municipal League supports legislative efforts to broaden the state
sales tax base. The League has adopted this position because: ( 1) Texas cities
face the same fiscal crisis which is faced by the state, and (2) the League's
members believe that a broadened sales tax will accurately reflect the state's
tax base, now and in the future.
Any extension of the sales tax to services currently exempt would produce
desperately needed municipal revenue at a time when the fiscal crisis faced by
cities mirrors that of the state. In fact, the similarities between the state's
budget squeeze and that faced by Texas cities is striking:
• Sales tax revenues - just as the state faced a mid-year revenue
downturn, cities across the state are facing shortfalls which
require immediate attention.
• The oil and gas sectors - just as state revenues from the oil and
gas sectors have fallen, cities across the state are facing
declining property tax revenue from oil and gas-producing property
and related service industries.
• Increasing service demands - just as the state faces increased
costs for prison and MH/MR facilities, cities are facing increasing
demands for police and fire protection, water and wastewater
services, street and road construction and other services for an
ever-increasing population.
• Federal assistance - just as the state has experienced a drop in
federal assistance, so have cities been hit with the elimination of
key federal programs, including the $240 million dollar General
Revenue Sharing program.
• Cost-cutting and revenue enhancement - just as the state has been
forced to impose additional taxes and to cut costs, so have cities
turned to increased property taxes and fees, hiring freezes,
employee lay-offs, and postponement of capital spending to address
the budget crisis.
• Temporary solutions - just as these measures have not permanently
solved the state's fiscal squeeze, neither have cities permanently
solved their budget problems.
• Need for an expanded sales tax base - just as the state is
considering an expanded base, so do cities wish to expand the base
such that it accurately reflects the state's economic strength.
The League believes that large sectors of the Texas economy--particularly the
service sectors--are under-represented in the sales tax base, because the sales
tax system was put in place before these sectors became significant parts of the
Texas economy. To include them in the base would be more equitable and more
reflective of current economic realities.
/
The most recent sales tax statistics show that for FY 1987, city sales tax
collections are down 6.7 percent from the comparable period in the previous
year. It is interesting to note what those decreases have meant for the state's
largest cities.
• Houston - sales tax receipts are down 9.2 percent from last year.
Houston faced a budget shortfall of $44 million. The city has
turned to a hiring freeze, reduced services, and a variety of
additional measures in the current budget year.
• Dallas - sales tax receipts are down 5.5 percent. The total budget
shortfall was found to be $15 million, forcing Dallas to
immediately reduce or freeze salaries, cut services, and impose a
hiring freeze.
• San Antonio - sales tax collections have fallen by over 6 percent.
Faced with a shortfall of $22.7 million, the city imposed a hiring
freeze and such reduced services as street maintenance and drainage
improvements.
• Austin - with sales tax receipts down by 8.33 percent and facing a
total shortfall of $20 million, Austin has frozen hiring, reduced
services, and imposed mandatory employee furloughs.
In addition, Fort Worth's sales tax receipts are down by 9.51 percent, Corpus
Christi's by 9.91 percent, Arlington's by 4.36 percent, Midland's by 14.55 per-
cent, and Odessa's by 21.29 percent.
Smaller cities have been hard-hit, as well. For example, in Ellis County,
south of Dallas, the twelve small or medium-sized cities have seen sales tax
collections drop by an aggregate 26.6 percent.
Cities across the state are dealing with revenue shortfalls by turning to a
combination of expenditure cuts and revenue enhancements to balance their
budgets. A recent Texas Municipal League survey of almost 400 Texas cities
revealed that nearly 57 percent of the state's municipalities are experiencing
revenue shortfalls in their current budget years and are being forced to take
quick budgetary action. (See Exhibit 1.)
Exhibit 1
Percentage of Cities Which Are Facing
Revenue Shortfalls This Budget Year
Population Percentage
Less than 2,000 46.7
2,001 - 5,000 57.7
5,001 - 10,000 65.3
10,001 - 25,000 54.7
More than 25,000 62.2
All Cities 56.8
Many cities expect revenues to decline even further (see Exhibit 2) ; this is
particularly true of mid-sized cities. Moreover, nearly one-third of all
Texas cities will experience revenue shortfalls this year and expect even less
revenue next year.
Exhibit 2
Percentage of Cities Which Expect
Lower Revenues Next Budget Year
Population Percentage
Less than 2,000 37.3
2,001 - 5,000 47. 1
5,001 - 10,000 51.0
10,001 - 25,000 34.0
More than 25,000 35. 1
All Cities 42.7
Texas cities have been forced to respond to this fiscal crisis by reducing
expenditures and, to the extent possible, raising revenues. They are most
likely (58. 1 percent of cities) to turn to increased user fees. Beyond that,
cities have postponed or deferred capital spending (46.7 percent) or have raised
property taxes (45. 1 percent) . Smaller percentages of cities have imposed wage
freezes (28.4 percent), imposed hiring freezes (21.8 percent), laid off
employees (15. 1 percent) , or reduced services (10.3 percent) .
The three most common reactions each present cause for concern:
1. Raising user fees--there is clearly a limit to this revenue-
raising strategy. Most cities which have raised user fees
increased either water rates (34.2 percent) , wastewater rates
(29.2 percent), or garbage collection fees (25.5 percent) . This
strategy is, at best, one that can be employed only periodically.
2. Raising property taxes--here again, there are practical and legal
limits. Cities which raised property taxes, raised them by an
average of 4.4 percent. As a result, a large number of Texas
cities have little or no "fiscal elbow room" with regard to
property taxation, without facing taxpayer unrest or a rollback
petition.
3. Deferring or postponing capital spending--this strategy is
perhaps most concerning. Cities which opt for this strategy are
most likely to defer street improvements (29.2 percent) , water
distribution facilities (18.6 percent) , or wastewater system
improvements (14. 1 percent) . This is happening at a time when
that capital spending is so desperately needed for economic
development. Most troubling of all is the fact that nearly 40
percent of Texas cities will turn first to further delays in
capital spending if revenues remain stagnant.
In short, the League's survey reveals that the current fiscal squeeze is just as
real for Texas cities as it is for the state government, and that city councils
and commissions throughout the state continue to face the same tough decisions
faced by the State of Texas.
As a result, the Texas Municipal League strongly endorses the extension of sales
tax to currently exempt services (excluding food and medical/dental care)
complete with authority for cities to impose the local option, one-cent sales
tax on the expanded base. The League estimates that if the sales tax is
broadened in this way, the cities which impose the local option sales tax would
collect approximately $228 million in additional sales tax over the FY 88-89
biennium. Depending on a wide variety of economic variables, municipal sales
tax collections would increase by approximately 12 to 16 percent.
C
Vros
e
CITY OF WYLIE
108 S. JACKSON ST. — P.O. BOX 428
WYLIE, TEXAS 75098
(214)442.2236
July 9, 1987
Larry Jackson
Sal l inger, Jackson, Nichols, Kirk & Dillard
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
Re: Wastewater Contracts
Dear Larry:
Enclosed, you will find one copy each of the City of Wylie
Sewer System Facilities Installment Sale Contract and the City
of Wylie Sewerage Treatment Services Contract which have been
prepared by Mr. Paul Horton of McCall, Parkhurst, and Horton,
who are bond counsel for the North Texas Municipal Water
District. These contracts were approved by the NTMWD Board of
Directors at their regular meeting or, June 25, 1987.
These contracts are in accordance with the previous
discussions with the City Council, Texas Water Commission, and
the Texas Water Development Board. These contracts would act
to have the City comply with the Texas Water Commission
Enforcement Order, dated June 24, 1987, of which you should
have a copy. The contracts basically contain the same
language and previsions used by the NTMWD that they have with
other cities al lowing them to issue revenue bonds based on the
pledges of those cities.
I would ask that you review these contracts and have either
yourself or, Mr. Dillard ready to speak to their legality, as
these contracts will be on the July 14th agenda. The other
day, I discussed with you these contracts and provided you a
copy for your initial review. The copies enclosed, are the
contracts that will appear before the Council for their
act ion. Subsequent ly, your review is very important. If you
have any questions please feel free to contact either myself,
Mr. Paul Horton, or Carl Riehn of the North Texas Municipal
Water District for any additional information.
62,-23
Also, these contracts have been reviewed by the First
Southwest Co. , Dallas, Texas, the City' s Fiscal Agent, and you
may want to contact them, if necessary.
Thank you for your assistance. I will be in touch with you on
Friday, July 10th to discuss these with you.
Respectfully,
;7!! 7
James Jhnscn
Acti Manager
cc : City Council
Carl R i ehn. NTMWD
41110.14.
4.4
i
NORTH TEXAS MUNICIPAL WATER DISTRICT
P.O.DRAWER C
WYLIE,TEXAS 75098 REGIONAL SERVICE THROUGH UNITY
PHONE NO.442-5405
Mr. James Johnson June 29, 1987
Acting City Manager
City of Wylie
P. 0. Box 428
Wylie , Texas 75098
RE: Wastewater Contracts
Dear James:
Enclosed you will find ten (10) copies of the City of Wylie
Sewer System Facilities Installment Sale Contract and City
of Wylie Sewerage Treatment Services Contract which have been
prepared by Mr. Paul Horton , McCall , Parkhurst and Horton, Bond
Counsel for the NTMWD. These contracts were approved by the
NTMWD Board of Directors at their Regular Meeting on June 25,
1987 .
The contracts are in accordance with previous discussions with
the City Council, Texas Water Commission , and the Texas Water
Development Board. The contracts contain the same provisions
that are used in the NTMWD contracts with other cities which
allow us to issue revenue bonds based on the various pledges
of the cities.
A set of twelve contract originals have been executed by the
NTMWD along with proper resolutions . Mr. Horton desires to
prepare the final ordinances with proper dates when the Council
has determined the day on which they will act on the contracts.
I will attend the meeting to assist in the proper execution
of the documents. Also, I will work with you and/or the Council
at any time to further explain the program or documents.
Should you have any questions or need any additional information
please do not hesitate to contact my office.
Sincerely ,
C . RIEHN
Executive Director
CWR:md
cc : Mr. Raymond B. Cooper
Mr. Frank Medanich
Mr. Paul Horton l��
CERTIFICATE FOR
ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE
NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE
SEWAGE TREATMENT SERVICES CONTRACT, PLEDGING AND
APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES IN
CONNECTION THEREWITH, AND PROVIDING FOR THE EFFECT OF SAID
ORDINANCE AND CONTRACT
THE STATE OF TEXAS •
COUNTY OF COLLIN •
CITY OF WYLIE •
We, the undersigned officers of the City of Wylie, Texas,
hereby certify as follows:
1 . The City Council of said City convened in
MEETING ON THE DAY OF JULY, 1987 ,
at the City Hall, and the roll was called of the duly consti-
tuted officers and members of said City Council , to-wit:
Carolyn Jones, City Secretary Charles Trimble , Mayor
John Akin Sandra Donavan, Mayor Pro Tem
Marvin Blakey Christopher Di Tote.,
Calvin Westerhof Kent Crane
and all of said persons were present, except the following
absentees : , thus
constituting a quorum. Whereupon, among other business, the
following was transacted at said Meeting: a written
ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE
NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE
SEWAGE TREATMENT SERVICES CONTRACT, PLEDGING AND
APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES IN
CONNECTION THEREWITH, AND PROVIDING FOR THE EFFECT OF SAID
ORDINANCE AND CONTRACT
was duly introduced for the consideration of said City Council
and duly read. It was then duly moved and seconded that said
Ordinance be passed; and, after due discussion, said motion,
carrying with it the passage of said Ordinance, prevailed and
carried by the following vote:
AYES: All members of said City Council
shown present above voted "Aye" .
NOES: None .
2 . That a true, full, and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and
626
foregoing paragraph is attached to and follows this Certifi-
cate; that said Ordinance has been duly recorded in said City
Council ' s minutes of said Meeting; that the above and foregoing
paragraph is a true, full , and correct excerpt from said City
Council ' s minutes of said Meeting pertaining the passage of
said Ordinance; that the persons named in the above and forego-
ing paragraph are the duly chosen, qualified, and acting
officers and members of said City Council as indicated therein;
and that each of the officers and members of said City Council
was duly and sufficiently notified officially and personally,
in advance, of the time, place, and purpose of the aforesaid
Meeting, and that said Ordinance would be introduced and
considered for passage at said Meeting; and that said Meeting
was open to the public , and public notice of the time, place,
and purpose of said meeting was given, all as required by
Vernon's Ann. Tex. Civ. St. Article 6252-17 .
3 . That the Mayor of said City has approved, and hereby
approves, the aforesaid Ordinance; that the Mayor and the City
Secretary of said City have duly signed said Ordinance; and
that the Mayor and the City Secretary of said City hereby
declare that their signing of this Certificate shall constitute
the signing of the attached and following copy of said Ordi-
nance for all purposes .
SIGNED AND SEALED the day of July, 1987 .
City Secretary Mayor
(SEAL)
ORDINANCE NO. P7
3
1--
ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE
NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE
SEWAGE TREATMENT SERVICES CONTRACT, PLEDGING AND
APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES IN
CONNECTION THEREWITH, AND PROVIDING FOR THE EFFECT OF SAID
ORDINANCE AND CONTRACT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS :
SECTION 1
That, for and on behalf of the City of Wylie, the Mayor of
the City of Wylie is hereby authorized and directed to sign,
deliver, and otherwise execute, and the City Secretary of the
City of Wylie is hereby authorized and directed to sign,
attest, and seal, the North Texas Municipal Water District -
City of Wylie Sewage Treatment Services Contract (the "Con-
tract") in substantially the form and substance attached to
this Ordinance and made a part hereof for all purposes .
SECTION 2
That, upon its execution by the parties thereto, the
Contract shall be binding upon the City of Wylie in accordance
with its terms and provisions; and the revenues of the City' s
combined waterworks and sewer system are hereby pledged and
appropriated to making the payments under the Contract as
provided therein.
SECTION 3
That this Ordinance shall take effect and be in full force
and effect from and after the date of its passage, and it is so
ordained; and all ordinances and resolutions of the City of
Wylie in conflict herewith are hereby amended or repealed to
the extent of such conflict.
NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE
SEWAGE TREATMENT SERVICES CONTRACT
THE STATE OF TEXAS •
KNOW ALL MEN BY THESE PRESENTS :
NORTH TEXAS MUNICIPAL WATER
DISTRICT •
WHEREAS , the North Texas Municipal Water District (herein-
after sometimes called the "District") is a conservation and
reclamation district created by and functioning under Chapter
62 , Acts of 1951 , 52nd Legislature, Regular Session, as
amended, originally compiled as Vernon ' s Article 8280-141
(hereinafter sometimes called the "Act" ) , pursuant to Article
16 , Section 59 of the Texas Constitution; and
WHEREAS, the City of Wylie (hereinafter sometimes called
the "City") in Collin County, is a city duly organized and
existing pursuant to the Constitution and laws of the State of
Texas; and
WHEREAS , the City owns its existing wastewater treatment
plant consisting of facilities with a present capacity for
disposing of approximately 800 , 000 gallons of the City ' s sewage
per day (the "Existing Facilities" ) , located in the south-
western section of City, south of State Highway 78 and west of
Birmingham Street; and
WHEREAS , the City has requested the District to expand the
Existing Facilities by increasing the present capacity thereof
to a total of approximately 2 , 000 , 000 gallons of sewage per
day, and to operate and maintain the entire expanded wastewater
disposal system (the "Plant") as hereinafter provided; and
WHEREAS , a description of said proposed expansion is
contained in an engineering report dated May 27 , 1987 , by CH2M
Hill , Consulting Engineers, Dallas , Texas; and
WHEREAS, said expansion of the Existing Facilities to have
a capacity for disposing of a total of approximately 2, 000, 000
gallons of sewage per day is hereafter called the Project; and
WHEREAS , the District and the City are authorized to make
and enter into this Contract under the Act , Chapter 30 of the
Texas Water Code, Vernon ' s Ann. Tex. Civ. St. Art . 4413 (32c) ,
and other applicable laws; and
WHEREAS , the parties hereto recognize and agree to these
facts :
(a) that the District is preparing to issue , sell , and
deliver its Bonds for the purpose of acquiring and
constructing the Project; and
(b) that the District will pledge part of the City ' s
payments to the District under this Contract to the
payment of principal of and the interest on its Bonds
issued in connection with the Project.
IT IS THEREFORE CONTRACTED AND AGREED BETWEEN
THE DISTRICT AND THE CITY AS FOLLOWS :
3a
Section 1 . DEFINITIONS . The terms and expressions used
in this Contract, unless the context shows clearly otherwise ,
shall have meanings as follows :
(a) "Engineering Report" means the engineering report
described in the preamble to this Contract , together
with any amendments and supplements thereto.
(b) "Existing Facilities" means the presently existing
waste treatment facilities owned by the City and
described in the preamble to this Contract .
(c) "Project" means the Project consisting of the
expansion of the Existing Facilities to a total
designed treatment capacity of approximately
2, 000, 000 gallons of sewage per day, in accordance
with the Engineering Report.
(d) "Plant" means the entire expanded wastewater disposal
system, including the Existing Facilities and the
Project .
(e) "Board" and "Board of Directors" means the Board of
Directors of the District.
( f) "Bonds" means any bonds to be issued by the District
for the acquisition, construction, or completion of
the Project, whether in one or more series or issues ,
or any bonds issued to refund same or to refund any
refunding bonds .
(g) "Bond Resolution" means any resolution of the Board
of Directors authorizing the issuance of Bonds and
providing for their security and payment , as such
resolution (s) may be amended from time to time as
therein permitted .
(h) "Fiscal Year" means the District ' s fiscal year,
currently the year beginning October 1 of each
calendar year and ending on September 30 of the
following calendar year .
(i) "Operation and Maintenance Expenses" means all costs
and expenses of operation and maintenance of the
Plant, including (for greater certainty but without
limiting the generality of the foregoing) repairs and
replacements for which no special fund is created in
any Bond Resolution, operating personnel , the cost of
utilities, the costs of supervision, engineering,
accounting, auditing, legal services , supplies,
services, administration of the Plant, including
the District' s general overhead expenses attribut-
able to the Plant, insurance premiums, equipment
necessary for proper operation and maintenance of
the Plant, and payments due by the District in
satisfaction of judgments, penalties , and claims
not paid by the District' s insurance and arising
in connection with the operation and maintenance
of the Plant . The term does not include deprecia-
tion.
Section 2 . OBLIGATION OF DISTRICT TO CONSTRUCT. The
District agrees to pay and will pay all of the actual costs of
acquiring and constructing the Project through the issuance of
its Bonds pursuant to the Act, Chapter 30 of the Texas Water
Code, and other applicable laws, to provide the money suffi-
cient for such payment; and the District shall own and have
title to the Project.
Section 3 . DISTRICT' S BOND RESOLUTION. The proceeds from
the sale of the Bonds will be used for the payment of all of
the District ' s costs and expenses in connection with the
Project and the Bonds , including, without limitation, all
financing, legal , printing, and other expenses and costs
incurred in issuing its Bonds , and to fund a debt service
reserve and other funds as required by any Bond Resolution . It
is now estimated that such such Bonds will be issued by the
District in the amount of approximately $2 , 100 , 000 (whether
actually more or less) , which amount is now estimated to be
sufficient to cover all the aforesaid costs and expenses and
other amounts required. Each Bond Resolution of the District
3c'
shall specify the exact principal amount of the Bonds issued,
which shall mature not more than 25 years from the date of such
Bonds , and shall bear interest at not to exceed the maximum
legal rates, and the Bond Resolution shall create and provide
for the maintenance of a revenue fund, an interest and sinking
fund, and a debt service reserve fund, and other funds , all in
the manner and amounts as provided in each Bond Resolution.
The City agrees that if such Bonds are actually issued and de-
livered to the purchaser thereof, the Bond Resolution authoriz-
ing the Bonds shall for all purposes be deemed to be in com-
pliance with this Contract in all respects, and the Bonds
issued thereunder will constitute Bonds as defined in this
Contract.
Section 4 . CONSULTING ENGINEERS . The District and the
City agree that CH2M Hill , Consulting Engineers, Dallas , Texas ,
shall constitute and be defined as the "Consulting Engineers"
for the Project; that the Project will be acquired and con-
structed in accordance with plans and specifications prepared
under the supervision of the Consulting Engineers . It is
further agreed that the Consulting Engineers may be changed,
but only with the agreement of both the District and the City.
Section 5 . ACQUISITION AND CONSTRUCTION CONTRACTS . The
District will enter into such contracts as are necessary to
provide for acquiring and constructing the entire Project, and
said contracts shall be executed as required by the laws
applicable to the District. The District shall pay the amounts
due under said contracts from the proceeds from the sale of its
Bonds .
Section 6. OPERATION AND MAINTENANCE. As permitted and
authorized by the Act and Section 30 . 04 , Texas Water Code, and
other provisions of law, the District and the City agree that
this Contract shall constitute an operating agreement with
respect to the Existing Facilities , which heretofore have con-
stituted a part of the City ' s local wastewater treatment
facilities, and with respect to the entire Plant . The District
agrees to manage, administer, operate, maintain, and use the
entire Plant, including the Existing Facilities as part of the
entire Plant , subject to the provisions and during the term of
this Contract. The District will provide and make available to
the City the sewage disposal facilities and services of the
entire Plant. It is agreed that the City shall have the exclus-
ive use of the entire Plant throughout its useful life . In
consideration for the District ' s undertakings pursuant to this
Contract and making available the entire Plant to the City, the
City agrees to make the payments hereinafter specified . As
further consideration it is agreed that the District will have
the responsibility for operating and maintaining the entire
Plant throughout its useful life , and that the District will
operate and maintain the entire Plant throughout its useful
life .
Section 7 . PAYMENTS BY CITY. (a) The City agrees to
indemnify and to save and hold harmless the District from any
and all claims, damages, losses, costs, and expenses, including
reasonable attorneys fees , arising at any time from the acqui-
sition, construction, existence, ownership, operation and/or
maintenance of the entire Plant. It is further agreed that the
City' s obligation to make any and all payments with respect to
the Bonds under Section 7 (b) ( 1) and (2) and 7 (c) of this
Contract will terminate when all of the District ' s Bonds have
been paid and retired and are no longer outstanding; and it is
agreed that the cessation of such payments or charges is and
will be a reasonable arrangement after such Bonds have been
retired. However, the City shall make the payments to cover
Operation and Maintenance expenses of the entire Plant as
provided in Section 7 (b) (3) throughout the useful life of the
entire Plant. It is further understood and agreed that the
District ' s only source of funds to pay the principal of and
interest on its Bonds and to pay its expenses in connection
with its Bonds and the Plant , is from the payments to be made
by the City to the District under this Contract .
(b) That the City agrees to make the following payments
to the District during the term of this Contract:
1 . Such amounts , payable monthly on or before the 20th
day of each month, in approximately equal monthly
installments for each applicable period, as are
necessary to pay the principal and/or interest coming
due on the District' s Bonds on the next succeeding
interest payment date, plus the fees and charges of
the Paying Agent for paying or redeeming the Bonds
and/or interest thereon coming due on such date, and
the fees and charges of the Registrar for transferr-
ing and registering the Bonds.
2 . Such amounts as are necessary to make all payments
into any debt service reserve fund or other special
fund or funds required to be established and/or
maintained by the provisions of any Bond Resolution .
3 . Such amounts, payable monthly on or before the 20th
day of each month, equal to the amount of estimated
Operation and Maintenance Expenses of the District
for the Plant for the next ensuing calendar month, as
shown in the Annual Budget or amended Annual Budget
as provided in Section (d) hereof.
(c) If, in addition to the amount initially issued, the
District finds it necessary to issue Bonds for the purpose of
completing the Project to the extent contemplated by this Con-
tract, Bonds in addition to those described in Section 3 hereof
may be issued in the amount required to provide for the comple-
tion of the Project and to pay the expenses of issuance of such
Bonds , as well as to fund, if and to the extent necessary,
additional amounts in the interest and sinking fund and the
debt service reserve fund. If such completion Bonds are issued
the amounts to be paid to or retained by the District under all
Sections of this Contract shall be increased proportionately,
and such amounts shall at all times be sufficient to pay the
principal of and interest on all such Bonds and all other
requirements in connection therewith . It is understood and
agreed that the only source of funds for the District to
36";
acquire, construct, and complete the Project is from the
issuance and sale of its Bonds (including additional Bonds)
pursuant to this Contract.
(d) District covenants that it will operate and maintain
the entire Plant in accordance with accepted good business and
engineering practices and in accordance with requirements of
all applicable Federal and State laws, and any rules and
regulations issued and to be issued by appropriate agencies in
the administration of said laws . The City and the District
agree that their obligations hereunder shall include compliance
with the requirements made under said laws, and any rules and
regulations issued pursuant thereto. Not less than sixty (60)
days before the commencement of each Fiscal Year while this
Contract is in effect, District shall cause its tentative
budget for Operation and Maintenance Expenses of the Plant for
the ensuing Fiscal Year to be prepared and a copy thereof filed
with the City Manager of the City. A reasonable amount to
cover and reimburse the District for its administrative and
overhead expenses directly attributable to the Plant and the
Bonds, including the cost of routine annual accounting reports ,
shall be included as an item of Operation and Maintenance
Expenses . If no protest or request for a hearing on such
tentative budget is presented to District within thirty ( 30)
days after such filing of the tentative budget with the City
Manager, the tentative budget for the Plant, when adopted by
District ' s Board of Directors, shall be considered for all
purposes as the "Annual Budget" for the ensuing Fiscal Year.
But if a protest or request for a hearing is duly filed, it
shall be the duty of the District to fix the date and time for
a hearing on the tentative budget before its Board of Directors
and shall so advise the City in writing. The Board of Direc-
tors shall consider the testimony and showings made in such
hearing, and the Board of Directors of District may adopt the
budget or make such amendments thereof as to it may seem
proper. The budget thus approved by the Board of Directors of
the District shall be the Annual Budget for the next ensuing
Fiscal Year. The Annual Budget may be amended to provide for
transfers of budgeted funds between expenditure accounts ,
provided however that said transfers do not result in an
overall increase in budgeted funds as approved in the Annual
Budget. The Annual Budget may be amended and increased through
formal action by the Board of Directors of District, if re-
quired. Certified copies of any amended Annual Budget and the
resolution authorizing same shall be filed immediately by the
District with the City.
(e) The City now has outstanding combined waterworks and
sewer system revenue bonds, and represents and covenants that
the use of the facilities and services to be obtained pursuant
to this Contract are essential and necessary to the operation
of the City and its combined waterworks and sewer system, and
3?1
that all payments to be made hereunder by it will constitute
reasonable and necessary "operating expenses" of the City ' s
combined waterworks and sewer system, within the meaning of
Vernon ' s Article 1113 , and Section 30 . 030 (a) , Texas Water Code,
as amended, and the provisions of the ordinances, respectively,
which heretofore have authorized, and hereafter may authorize,
the issuance of all combined waterworks and sewer system
revenue bond issues of the City, with the effect that the
City ' s obligation to make payments from the revenues of its
combined waterworks and sewer system revenues under this
Contract shall have priority over its obligations to make
payments of the principal of and interest on any and all of its
combined waterworks and sewer system revenue bonds and other
obligations heretofore and hereafter issued. The City agrees
to fix and collect such rates and charges for waterworks and
sewer services to be supplied by its combined waterworks and
sewer system as will make possible the prompt payment of all
expenses of operating and maintaining the entire Plant and
operating and maintaining the City' s entire combined waterworks
and sewer system, including all payments, obligations , and
indemnities contracted hereunder, and the prompt payment of the
principal of and interest on all City bonds or other obliga-
tions heretofore and hereafter issued or incurred to be payable
from the net revenues of its combined waterworks and sewer
system.
3,9
(f) Recognizing the fact that the City urgently requires
the facilities and services of the Project and the Plant
covered by this Contract, and that such facilities and services
are necessary for actual use and for standby purposes ; and
further recognizing that the District will use the payments
received from the City hereunder to pay, secure, and finance
the issuance of the Bonds, it is hereby agreed that if and when
any Bonds are delivered, the City shall be obligated to make
the payments required by this Contract, regardless of whether
or not the District actually provides such facilities and
services, or whether or not the City actually receives or uses
such facilities and services , and the holders of the Bonds
shall be entitled to rely on the foregoing agreement and
representation.
Section 8 . ACQUISITION AND CONSTRUCTION. The District
agrees to proceed promptly with the acquisition and construc-
tion of the Project. The District covenants that it will make
a diligent effort to commence construction as soon as practi-
cable. The District does not anticipate any delays in commenc-
ing or completing the Project, but the District shall not be
liable for any damages occasioned by the construction or
completion of the Project, or any delays in completion of the
Project .
Section 9. CONDITIONS PRECEDENT. The obligation on the
part of the District to acquire and construct the Project shall
be conditioned upon the following:
(a) sale of Bonds in an amount sufficient to assure the
acquisition and construction of the Project; and
(b) the District ' s ability, or the ability of the
contractors, to obtain all permits , material, labor,
and equipment necessary for the acquisition and
construction of the Project .
Section 10. USE OF CITY 'S PUBLIC PROPERTY. By these
presents , the City authorizes use by the District of any and
all real property, streets , alleys , public ways and places , and
general utility or sewer easements of the City for acquiring
and constructing the Project and operating and maintaining the
Plant, as provided in this Contract .
Section 11 . FORCE MAJEURE. If, by reason for Force
Majeure , any party hereto shall be rendered unable wholly or in
part to carry out its obligations under this agreement, with
the exception as hereinafter provided, then such party shall
give notice and full particulars of such Force Majeure in
writing to the other party within a reasonable time after
occurrence of the event or cause relied upon, and the obliga-
tion of the party giving such notice, so far as it is affected
by such Force Majeure, shall be suspended during the continu-
ance of the inability then claimed, but for no longer period ,
and any such party shall endeavor to remove or overcome such
inability with all reasonable dispatch. The term Force Majeure
as employed herein, shall mean acts of God, strikes , lockouts ,
or other industrial disturbances , acts of public enemy, orders
of any kind of the Government of the United States or the State
of Texas or any civil or military authority, insurrections ,
riots, epidemics , landslides, lightning, earthquakes , fires ,
hurricanes , storms, floods, washouts, droughts , arrests ,
restraint of government and people, civil disturbances , explo-
sions, breakage or accidents to machinery, pipelines or canals ,
or other causes not reasonably within the control of the party
claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the
discretion of the party having the difficulty, and that the
above requirement that any Force Majeure shall be remedied
within all reasonable dispatch shall not require the settlement
of strikes and lockouts by acceding to the demands of the
opposing party or parties when such settlement is unfavorable
to it in the judgment of the party having the difficulty. It
is specifically excepted and provided, however, that in no
event shall any Force Majeure relieve the City of its obliga-
tion to make payments to the District as required under Section
7 of this Contract .
Section 12 . INSURANCE . The District shall carry fire ,
casualty, public liability, and other insurance (including self
insurance to the extent deemed advisable by the District) on
the Plant for purposes and in amounts which would ordinarily be
carried by a privately owned utility company owning and operat-
ing such facilities, except that it shall not be necessary to
carry liability insurance except to insure against risk of loss
due to claims for which such party can, in the opinion of its
legal counsel , be liable under the Texas Tort Claims Act or any
similar law or judicial decision. Such insurance will provide,
to the extent feasible and practicable, for the restoration of
damaged or destroyed properties and equipment, to minimize the
interruption of the services of such facilities . All premiums
for such insurance shall constitute an Operation and Mainte-
nance Expense of the Plant.
Section 13 . REGULATORY BODIES . This Contract and the
Plant shall be subject to all valid rules , regulations, and
laws applicable thereto passed or promulgated by the United
States of America, the State of Texas , or any governmental body
or agency having lawful jurisdiction or any authorized repre-
sentative or agency of any of them.
Section 14 . USE OF THE PROJECT. It is agreed and under-
stood that the City shall not, under any circumstances , dis-
charge or permit its inhabitants to discharge, any sewage or
waste into the Project which would cause the design capacity of
the Project to be exceeded or cause any governmental permit
granted for the Project to be violated.
Section 15 . TERM OF CONTRACT. That the term of this
Contract shall be for the useful life of the Plant, and in any
event for the period during which any of the District' s Bonds ,
or any interest payable thereon, are outstanding and unpaid.
IN WITNESS WHEREOF, the District and the City, acting
under authority of their respective governing bodies have
caused this contract to be duly executed in several counter-
parts, each of which shall constitute an original , all as of
the 25th day of JUNE, 1987, which is the date of this Contract .
NORTH TEXAS MUNICIPAL WATER DISTRICT
BY
President, Board of Directors
ATTEST:
Secretary, Board of Directors
(SEAL)
CITY OF WYLIE, TEXAS
BY
Mayor
ATTEST:
City Secretary
(SEAL)
c
CERTIFICATE FOR
ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE
NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE SEWER
SYSTEM FACILITIES INSTALLMENT SALE CONTRACT, PLEDGING AND
APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES AND
LEVYING A CITY AD VALOREM TAX IN CONNECTION THEREWITH, AND
PROVIDING FOR THE EFFECT OF SAID ORDINANCE AND CONTRACT
THE STATE OF TEXAS .•
COUNTY OF COLLIN •
CITY OF WYLIE •
We, the undersigned officers of the City of Wylie, Texas,
hereby certify as follows:
1 . The City Council of said City convened in
MEETING ON THE DAY OF JULY, 1987 ,
at the City Hall, and the roll was called of the duly consti-
tuted officers and members of said City Council, to-wit:
Carolyn Jones, City Secretary Charles Trimble, Mayor
John Akin Sandra Donavan, Mayor Pro Tem
Marvin Blakey Christopher Di Totq
Calvin Westerhof Kent Crane
and all of said persons were present, except the following
absentees: , thus
constituting a quorum. Whereupon, among other business, the
following was transacted at said Meeting: a written
ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE
NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE SEWER
SYSTEM FACILITIES INSTALLMENT SALE CONTRACT, PLEDGING AND
APPROPIATING WATERWORKS AND SEWER SYSTEM REVENUES AND
LEVYING A CITY AD VALOREM TAX IN CONNECTION THEREWITH , AND
PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND CONTRACT
was duly introduced for the consideration of said City Council
and duly read. It was then duly moved and seconded that said
Ordinance be passed; and, after due discussion, said motion,
carrying with it the passage of said Ordinance, prevailed and
carried by the following vote:
AYES : All members of said City Council
shown present above voted "Aye" .
NOES: None.
2 . That a true, full, and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and
1S
foregoing paragraph is attached to and follows this Certifi-
cate; that said Ordinance has been duly recorded in said City
Council ' s minutes of said Meeting; that the above and foregoing
paragraph is a true, full , and correct excerpt from said City
Council ' s minutes of said Meeting pertaining the passage of
said Ordinance; that the persons named in the above and forego-
ing paragraph are the duly chosen, qualified, and acting
officers and members of said City Council as indicated therein;
and that each of the officers and members of said City Council
was duly and sufficiently notified officially and personally,
in advance, of the time, place, and purpose of the aforesaid
Meeting, and that said Ordinance would be introduced and
considered for passage at said Meeting; and that said Meeting
was open to the public, and public notice of the time , place,
and purpose of said meeting was given, all as required by
Vernon' s Ann. Tex. Civ. St. Article 6252-17 .
3 . That the Mayor of said City has approved, and hereby
approves, the aforesaid Ordinance; that the Mayor and the City
Secretary of said City have duly signed said Ordinance; and
that the Mayor and the City Secretary of said City hereby
declare that their signing of this Certificate shall constitute
the signing of the attached and following copy of said Ordi-
nance for all purposes .
SIGNED AND SEALED the day of July, 1987 .
City Secretary Mayor
(SEAL)
1'
Z.r0,
ORDINANCE NO. U 7--1(l"
ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE
NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE SEWER
SYSTEM FACILITIES INSTALLMENT SALE CONTRACT, PLEDGING AND
APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES AND
LEVYING A CITY AD VALOREM TAX IN CONNECTION THEREWITH, AND
PROVIDING FOR THE EFFECT OF SAID ORDINANCE AND CONTRACT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS :
SECTION 1
That, for and on behalf of the City of Wylie, the Mayor of
the City of Wylie is hereby authorized and directed to sign,
deliver, and otherwise execute, and the City Secretary of the
City of Wylie is hereby authorized and directed to sign,
attest, and seal, the North Texas Municipal Water District -
City of Wylie Sewer System Facilities Installment Sale Contract
(the "Contract") in substantially the form and substance
attached to this Ordinance and made a part hereof for all
purposes .
SECTION 2
That, upon its execution by the parties thereto, the
Contract shall be binding upon the City of Wylie in accordance
with its terms and provisions; and the revenues of the City' s
combined waterworks and sewer system are hereby pledged and
appropriated to making payments under the Contract as provided
therein.
SECTION 3
That during each year during the term of said Contract the
City Council of the City of Wylie shall compute and ascertain a
rate and amount of ad valorem tax which will be sufficient to
raise and produce annually the money necessary to make any
payments, including indemnities , required to be made by the
City under the Contract, and to create a sinking fund of at
least 2% as required by Article 11 , Section 5 of the Texas
Constitution; and said tax shall be based on the latest ap-
proved tax rolls of the City, with full allowance being made
for tax delinquencies and costs of tax collection. Said rate
and amount of ad valorem tax is hereby levied, and is hereby
ordered to be levied, against all taxable property in the City
for each year during the term of the Contract; and said tax
shall be assessed and collected for each year and used for
making the aforesaid payments to the extent required by the
Contract. Said ad valorem taxes sufficient to provide for
making the aforesaid payments are hereby pledged irrevocably
for such payment, within the limit prescribed by law.
SECTION 4
That this Ordinance shall take effect and be in full force
and effect from and after the date of its passage , and it is so
ordained; and all ordinances and resolutions of the City of
Wylie in conflict herewith are hereby amended or repealed to
the extent of such conflict.
NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE
SEWER SYSTEM FACILITIES INSTALLMENT SALE CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS :
NORTH TEXAS MUNICIPAL
WATER DISTRICT •
•
WHEREAS , North Texas Municipal Water District (the "Dis-
trict") is a conservation and reclamation district created and
governed by Chapter 62 , Acts of the 52nd Legislature of the
State of Texas, Regular Session, 1951 , as amended (the "Dis-
trict Act" ) , pursuant to Article 16 , Section 59 , of the Texas
Constitution; and
WHEREAS , the City of Wylie (hereinafter sometimes called
the "City") , in Collin County, Texas , is a city duly organized
and existing pursuant to the Constitution and laws of the State
of Texas ; and
WHEREAS , the District is willing and able, in order to
carry out a purpose for which it was created , to acquire , by
purchase and construction, for the benefit of the City, certain
sewer system facilities to render sewer services to inhabitants
of the City, and which will provide additional sewer mains and
other facilities for the collection and transportation of waste
to the waste treatment plant for disposal (with such sewer
system mains and other facilities being hereinafter sometimes
collectively called the "Project") ; and
WHEREAS, the Project is described in an engineering report
dated May 27 , 1987, by CH2M Hill, Consulting Engineers , Dallas,
Texas; and
WHEREAS, the City and the District are authorized to make
and enter into this Contract under the District Act, Vernon' s
Ann. Tex . Civ. St. , Article 1109j , and other applicable laws .
IT IS THEREFORE CONTRACTED AND AGREED BETWEEN
THE DISTRICT AND THE CITY AS FOLLOWS :
Section 1 . DEFINITIONS . The terms and expressions used
in this Contract, unless the context shows clearly otherwise,
shall have meanings as follows :
(a) "Board" and "Board of Directors" means the
Board of Directors of the District.
(b) "Bonds" means any bonds issued by the Dis-
trict for acquiring, by purchase and construc-
tion, the Project, whether in one or more
series or issues , or any bonds issued to re-
fund same or to refund any refunding bonds .
(c) "Bond Resolution" means any resolution of the
Board of Directors authorizing the issuance
of Bonds and providing for their security and
payment, as such resolution (s) may be amended
from time to time as therein permitted.
(d) "Engineering Report" means the engineering report
described in the preamble to this Contract together
with any amendments and supplements thereto.
(e) "Project" means the Project as described in the
Engineering Report.
Section 2 . OBLIGATION OF AUTHORITY TO ACQUIRE . The
District agrees to pay, and will pay, all of the actual costs
of acquiring, by purchase and construction, the Project,
through the issuance of its Bonds to provide the money for such
payment , all in the manner hereinafter described; and the
District, by such payment, will thus acquire the Project for
the benefit of the City.
Section 3 . DISTRICT' S BOND RESOLUTION. The proceeds from
the sale of the Bonds will be used for the payment of all of
the District' s costs and expenses in connection with the
Project and the Bonds , including, without limitation, all
financing, legal , printing, and other expenses and costs
incurred in issuing its Bonds , and to fund a debt service
reserve and other funds as required by any Bond Resolution. It
is now estimated that such such Bonds will be issued by the
District in the amount of approximately $2 , 250 , 000 (whether
actually more or less) , which amount is now estimated to be
sufficient to cover all the aforesaid costs and expenses and
other amounts required. Each Bond Resolution of the District
shall specify the exact principal amount of the Bonds issued ,
which shall mature not more than 25 years from the date of such
Bonds , and shall bear interest at not to exceed the maximum
legal rates , and the Bond Resolution shall create and provide
for the maintenance of a revenue fund, an interest and sinking
fund , and a debt service reserve fund , and other funds , all in
the manner and amounts as provided in each Bond Resolution.
The City agrees that if such Bonds are actually issued and de-
livered to the purchaser thereof, the Bond Resolution
authorizing the Bonds shall for all purposes be deemed to be in
compliance with this Contract in all respects , and the Bonds
issued thereunder will constitute Bonds as defined in this
Contract.
Section 4 . CONSULTING ENGINEERS . The District and the
City agree that CH2M Hill , Consulting Engineers, Dallas, Texas,
shall be "Consulting Engineers" for the Project, and that the
Project will be acquired, by purchase and construction, in
accordance with plans and specifications prepared under the
supervision of the Consulting Engineers . It is further agreed
that the Consulting Engineers may be changed, but only with the
agreement of both the District and the City.
Section 5 . ACQUISITION CONTRACTS . The District will
enter into such contracts as are necessary to provide for
acquiring, by purchase and construction, the entire Project ,
and said contracts shall be executed as required by the laws
applicable to the District . The District shall pay the amounts
due under such contracts from the proceeds from the sale of its
Bonds .
Section 6 . PAYMENTS BY CITY . (a) The District will
provide, make available, and render, to and for the benefit of
the City and its inhabitants, the sewer system facilities and
services of the Project paid for and acquired by the District
pursuant to this Contract. It is agreed that the City always
shall have the exclusive use of the Project. In consideration
of the District' s acquiring, making available, and rendering to
and for the benefit of the City and its inhabitants, the sewer
system facilities and services of the Project, the City agrees
to make the payments hereinafter specified. As further consid-
eration, it is agreed that the City will have the sole respon-
sibility for operating and maintaining the Project, and that
the City will operate and maintain the Project; and the City
agrees to indemnify and to save and hold harmless the District
from any and all claims, damages, losses , costs , and expenses ,
including reasonable attorneys fees , arising at any time from
the acquisition, existence , ownership, operation and/or mainte-
nance of the Project . It is further agreed that the City' s
obligation to make any and all payments under Section 6 (c) and
(d) of this Contract will terminate when all of the District ' s
Bonds have been paid in full and are no longer outstanding . It
is hereby provided that in further consideration of the pay-
ments made by the City under this Section, the City shall
become the owner of the Project upon completion of the con-
struction of the entire Project; and the payments made by the
City under this Section shall constitute the necessary periodic
or installment sale payments required to purchase the Project.
(b) After completion of the acquisition and construction
of the entire Project, and when the entire Project is ready to
be placed in service, the City shall inspect the same and if it
is found by the City to have been acquired and constructed as
required by this Contract, the City, acting by and through the
Mayor of the City, shall notify the District in writing that it
has accepted the Project. Upon such acceptance, all of the
District' s right, title, and interest of every nature whatsoever
in and to the Project automatically shall vest irrevocably in
the City without the necessity of the execution of any convey-
ance by the District, and such transaction shall result in the
automatic sale and delivery of the Project by the District to
the City, and the vesting of title to the Project in the City
in consideration for the agreement of the City to perform its
obligations and make the payments and indemnities required
under this Contract. If requested in writing by the City,
acting by and through the Mayor of the City, the District will
execute and deliver to the City an appropriate instrument
acknowledging that such sale , delivery, and vesting of title
has occurred, but such instrument shall not be necessary to
effect the automatic sale, delivery, and vesting of title,
which shall occur as described above . The sale and delivery of
the Project and vesting of title in the City upon the aforesaid
conditions are deemed appropriate and necessary by the Dis-
trict , and are made in conformity with the District Act and
Section 2 of Vernon' s Ann. Tex. Civ. St. Article 1109j . Until
the acceptance of the Project by the City, all right, title,
and interest in and to the Project shall be in the District.
After such acceptance and the resulting sale, delivery, and
vesting of title in the City, the District shall have no right,
title , or interest in, or responsibility with respect to, the
Project . The payments required to be made by the City under
this Agreement shall be made in all events , regardless of
whether title to the Project or any part thereof is in the
District or in the City. When title to the Project has vested
in the City it shall become a part of the City' s combined
Waterworks and Sanitary Sewer System, and shall be owned,
operated, and maintained as part of the City's combined Water-
works and Sanitary Sewer System. The City shall carry insur-
ance on the Project in the same manner and to the same extent
that it carries insurance on other similar facilities consti-
tuting part of said System.
(c) All payments to be made by the City under this
Section shall be payable from and secured by pledges of City ad
valorem taxes and surplus revenues of the City' s combined
Waterworks and Sanitary Sewer System, all as authorized by the
District Act and Section 2 of Vernon' s Ann. Tex. Civ . St.
Article 1109j , and in the manner hereinafter provided. It is
further understood and agreed that the District ' s only source
of funds to pay the principal of and interest on its Bonds , and
to pay its continuing expenses or costs in connection with its
Bonds and the Project, is from the payments to be made by the
City to the District under this Contract.
(d) The City agrees to make the following payments to the
District while any of the District' s Bonds or interest thereon
are outstanding and unpaid:
1 . Such amounts, payable monthly on or before the 20th
day of each month, in approximately equal monthly
installments for each applicable period, as are
necessary to pay the principal and/or interest
coming due on the District' s Bonds on the next
• succeeding interest payment date, plus the fees and
charges of the Paying Agent for paying or redeeming
the Bonds and/or interest thereon coming due on such
date, and the fees of the Registrar for transferring
and registering the Bonds .
2 . Such amounts , payable upon receipt of a statement
therefor , as are necessary to pay, or reimburse
the District for, the expenses or costs, including
administrative and overhead expenses or costs,
reasonably and necessarily incurred by the District
and directly attributable and chargeable to the
Bonds and the Project.
3 . Such amounts as are necessary to make all payments
or deposits required to be made into any special or
reserve fund, or other account , established and/or
maintained by the provisions of any Bond Resolution.
(e) If, in addition to the amount initially issued , the
District finds it necessary to issue Bonds for the purpose of
completing the Project to the extent contemplated by this
Contract, all of the amounts to be paid to or retained by the
District under all Sections of this Contract shall be in-
creased, and such increased amounts shall at all times be
sufficient to pay the principal of and interest on all such
Bonds and all other requirements in connection therewith. It
is understood and agreed that the only source of funds for the
District to acquire and complete the Project is from the
issuance and sale of its Bonds (including additional bonds)
pursuant to this Contract.
(f) All payments , including indemnities , required to be
made by the City under this Contract shall be made from the
surplus revenues of the City' s combined Waterworks and Sanitary
Sewer System remaining after paying all expenses of operation
and maintenance of said System and after paying all debt
service , reserve, and other requirements in connection with the
City' s bonds and other obligations , now or hereafter outstand-
ing, which are payable from the revenues of the City' s Water-
works and Sanitary Sewer System; and said surplus revenues are
hereby pledged to making such payments required under this
Contract. However, if said surplus revenues should not be
available or sufficient at any time for making such payments ,
or any necessary part thereof, required under this Contract,
then, to the extent required, such payments shall be made from
the City' s General Fund and the City' s ad valorem taxes , all as
hereinafter provided . The City shall make provision in each
annual City Budget for the payment of all amounts required to
be paid by the City under this Contract. In preparing the
budget the City may take into consideration the estimated
surplus revenues of the City' s combined Waterworks and Sanitary
Sewer System to be remaining after paying all expenses of
operation and maintenance of said System and after paying all
debt service, reserve, and other requirements in connection
N7
with the City's bonds and other obligations , now or hereafter
outstanding, which are payable from the revenues of the City' s
Waterworks and Sanitary Sewer System; and the City hereby
covenants and agrees that it will fix, charge, and collect
rates for water and sewer services of said System in such
amounts as will produce surplus revenues as aforesaid suffi-
cient to provide for making all payments , including indem-
nities , required to be made by the City under this Contract.
However, to the extent that such surplus revenues are not
available at any time to make such payments, then the City' s ad
valorem taxes in the City' s General Fund shall be used to make
such payments, and the proceeds of an annual ad valorem tax are
hereby pledged for such payments to the extent so required , in
accordance with the District Act and Section 2 of Vernon' s Ann .
Tex . Civ. St . Article 1109j . During the current year , and
during each year hereafter, the governing body of the City
shall compute and ascertain a rate and amount of ad valorem tax
which will be sufficient to raise and produce the money neces-
sary to make all or any necessary part of such payments ,
including indemnities , required to be made by the City under
this Contract, and in every year said tax shall be sufficient
to create a sinking fund of at least 2% as required by Article
11 , Section 5 of the Texas Constitution. Said rate and amount
of ad valorem tax is hereby pledged to such payments , to the
extent so required, and it shall be assessed, levied , and
collected against all taxable property in the City for each
such year. Reference is hereby made to the Ordinance passed by
the governing body of the City which authorizes the execution
of this Contract and also levies the tax, and orders the
levying of the tax, as required by this Section.
(g) Recognizing the fact that the City urgently requires
the facilities and services covered by this Contract, and that
such facilities and services are necessary for actual use and
for standby purposes; and further recognizing that the District
will use the payments received from the City hereunder to pay,
secure , and finance the issuance of the Bonds , it is hereby
agreed that if and when any Bonds are delivered, the City shall
be obligated to make the payments , including indemnities ,
required by this Contract, regardless of whether or not the
Project is acquired , or whether or not the District actually
provides such facilities and services , or whether or not the
City actually receives or uses such facilities and services ,
and the holders of the Bonds shall be entitled to rely on the
foregoing agreement and representation, regardless of any other
agreement between the District and the City.
Section 7 . ACQUISITION . The District and the City agree
to proceed promptly with the acquisition , by purchase and
construction, of the Project . The District and City hereby
covenant that they will make a diligent effort to complete such
acquisition as soon as practicable. The District and the City
do not anticipate any delays in completing the acquisition of
the Project, but the District and the City shall not be liable
to each other for any damages caused by any delays in comple-
tion of the Project .
Section 8 . CONDITIONS PRECEDENT. The obligation on the
part of the District to acquire the Project shall be con-
ditioned upon the following :
(a) sale of Bonds in an amount sufficient to
assure the acquisition of the Project; and
(b) the District ' s and the City' s ability, or
the ability of the contractors , to obtain
all material , labor , and equipment neces-
sary for the acquisition of the Project.
Section 9 . USE OF CITY 'S PUBLIC PROPERTY . By these
presents , City authorizes use by the District of any and all
real property, streets , alleys, public ways and places , and
general utility or sewer easements of City for acquisition and
construction of the Project.
Section 10 . FORCE MAJEURE . If, by reason of Force
Majeure, any party hereto shall be rendered unable wholly or in
part to carry out its obligations under this agreement then
such party shall give notice and full particulars of such Force
Majeure in writing to the other party within a reasonable time
after occurrence of the event or cause relied upon, and the
obligation of the party giving such notice, so far as it is
affected by such Force Majeure, shall be suspended during the
continuance of the inability then claimed, except as
/
hereinafter provided, but for no longer period, and any such
party shall endeavor to remove or overcome such inability with
all reasonable dispatch. The term Force Majeure as employed
herein , shall mean acts of God, strikes , lockouts, or other
industrial disturbances , acts of public enemy, orders of any
kind of the Government of the United States or the State of
Texas or any civil or military authority, insurrections , riots ,
epidemics , landslides , lightning, earthquake , fires , hurri-
canes , storms , floods , washouts , droughts, arrests , restraint
of government and people , civil disturbances , explosions ,
breakage or accidents to machinery, pipelines, or canals , or
other causes not reasonably within the control of the party
claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the
discretion of the party having the difficulty, and that the
above requirement that any Force Majeure shall be remedied with
all reasonable dispatch shall not require the settlement of
strikes and lockouts by acceding to the demands of the opposing
party or parties when such settlement is unfavorable to it in
the judgment of the party having the difficulty. It is specif-
ically excepted and provided, however, that in no event shall
any Force Majeure relieve the City of its obligation to make
payments to the District as required under Section 6 of this
Contract.
6//
Section 11 . REGULATORY BODIES . This Contract and the
Project shall be subject to all valid rules , regulations , and
laws applicable thereto passed or promulgated by the United
States of America, the State of Texas, or any governmental body
or agency having lawful jurisdiction or any authorized repre-
sentative or agency of any of them.
Section 12 . TERM OF CONTRACT. That the term of this
Contract shall be for the period during which the District' s
Bonds or any interest thereon are outstanding and unpaid.
IN WITNESS WHEREOF, the District and the City, acting
under authority of their respective governing bodies have
caused this Contract to be duly executed in several counter-
parts , each of which shall constitute an original , all as of
the 25th day of June, 1987 , which is the date of this Contract .
NORTH TEXAS MUNICIPAL WATER
DISTRICT
By
President, Board of Directors
ATTEST:
Secretary, Board of Directors
(DISTRICT SEAL)
CITY OF WYLIE, TEXAS
By
Mayor
ATTEST:
City Secretary
(CITY SEAL)
MEMORANDUM
DATE: JaA G /o i 9B 7
TO: James Johnson, Interim City Manager
FROM: Ron Homeyer, Asst. City Engineer
SUBJECT: Plat and/or Plans Approval
.5.401/N6 1/, /-31,e't 7k'f4cr /7
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
QIPreliminary Flat to Planning and Zoning
Preliminary Plat to City Council
° Final Flat to Planning and Zoning
❑ Final Plat to City Council
° Construction Plans to City Council for
construction approval only
❑ Final Flat to City Council for subdivision
acceptance along with final inspection statement
COMMENTS:
RH/am
cc: Public Works Director
Code Enforcement Officer
Subdivision File
Chronological File •
•
I
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MEMORANDUM
DATE: L (7 1(7, 7
TO: James Johnsosi, Interim City Manager
FROM: Ron Homeyer, Asst. City Engineer
SUBJECT: Plat and/or Plans Approval
N Li! 4 ;L ,' M •
ct' /9114 e Ir (r . AkIN ELF/
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
O Preliminary Flat to Planning and Zoning
❑ Preliminary Flat to City Council
❑ Final Plat to planning and Zoning
O Final Plat to City Council
❑ Const:ruction Plans to City Council for
construction approval only
19 inal Plat to City Council for subdivision
acceptance along with final inspection statement
COMMENTS: i,`�= 3-4
RH/am
cc: Public Works Director
Code Enforcement Officer
Subdivision File
Chronological File
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or 'A•
CITY OF WYLIE
RECOMMENDATION FOR APPROVAL AND ACCEPTANCE
OF SUBDIVISION CONSTRUCTION OR OTHER CONSTRUCTION
�
Project Name and Location ��w''.� ��
Date Started: f-d _/:y /����� Date Completed: ^~ If 97
Lab and Other Tests:
Streets:
Alleys:
�_
Water Lines: c�w
Sewer Lines:
Manholes:
Drainage:
Storm Sewer:
Fees Paid: _n�
Maintenance Bos Filed: _
7-- -----'----- -- ----� -
.�����'����� � .......
����' �
We the under sign recommend project
construction which has been oone in accordance with the
requirements of the City of Wylie
-
�ubdivision Inspector
i/ Sign Date
City Engineer
Sign Date
*ccepted by City Council Date: _ 19
Final Inspection Prior to ( 1 ) year Date: _19
Signed:
Remarks:
Date of Notification 19 _
Person or Persons Notified
...........
'
�
(.74;41. / / i7
APPROVAL OF PRELIMINARY PLAT FOR QUAIL HOLLOW PHASE II : The
preliminary plat and the construction plans/final plat for
Quail Hollow Phase II is being presented at the same time in
order to allow the school district to draw a building permit
for their proposed elementary school . The Engineering staff
and the Planning and Zoning Commission have reviewed these
plans and recommend them to Council for approval . Motion
was made by Mayor Pro Tem Fulgham to approve the preliminary
plat for Quail Hollow Phase II . Seconded by Councilman
Martin. The vote was as follows : Mayor Trimble - in favor ,
Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in
favor , Councilman Martin - in favor , and Councilwoman
Donovan - in favor . This motion carried with all in favor .
APPROVAL OF CONSTRUCTION PLANS/FINAL PLAT FOR QUAIL HOLLOW
PHASE II : Motion was made by Councilman Westerhof to
approve the construction plans/final plat for Quail Hollow
Phase II . Seconded by Councilwoman Donovan. The vote was
as follows : Mayor Trimble - in favor , Mayor Pro Tem Fulgham
- in favor , Councilman Westerhof - in favor , Councilman
Martin - in favor, and Councilwoman Donovan - in favor.
This motion carried with all in favor .
n3'
/J//
70: MAYOR AND COUNCILMEMBERS
FROM: JAMES JOHNSON, ACTING MANAGEP454117
RE: ITEM #16 - CONSTRUCTION DRAW #8
DATE: JULY 10, 1987
City Staff members have reviewed this application and request for
payment on construction draw #8, City of Wylie Municipal Complex
and recommends approval in the amount of $155, 298. 01. The progress
f the project is proceeding nicely and there is a possibility that
the building will be completed ahead of schedule.
7(91
APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT 6702
IO (OWNER): CITY OF WYLIE PROJECT:CITY OF WYLIE MUNICIPAL COMPLEX APPLICATION NO: 48 Distribution to:
114 N. BALLARD ❑ OWNER
WYLIE, TEXAS 75098 PERIOD TO: 07/02/87 ❑ ARCHITECT
❑ CONTRACTOR
FROM (CONTRACTOR): SPEED FAB-CRETE CORP VIA(ARCHITECT): LEE STUART ASSOCIATES ARCHITECT'S ❑
1150 E. MANSFIELD HWY, P.O. BOX 15580 PROJECT NO: 1160903 ❑
FORT WORTH, TEXAS 76119
CONTRACT FOR: CITY MUNICIPAL COMPLEX CONTRACT DATE: 9/05/86
Application is made for Payment, as shown below, in connection with the Contract.
CONTRACTOR'S APPLICATION FOR PAYMENT
CHANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM $ 1,734,838.00
Change Orders approved in ADDITIONS DEDUCT IONS 2. Net change by Change Orders $ 21,790.00
previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ 1,756,628.00
TOTAL 4. TOTAL COMPLETED&STORED TO DATE $ 1,133,610.20
Approved this Month
5. RETAINAGE:
Number Date Approved
a.107. % of Completed Work $ 113,361.02
#1 3/6/87 6,842.00 b. % of Stored Material $
ft2 5/20/87 14,948.00
I otal Retainage(Line 5a + 5b or
TOTALS 21,790.00 Total in Column 1 $ 113,3e1.02
Net (hange by Change Orders 6. TOTAL EARNED LESS RETAINAGE $ 1,020,249.18
I he undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total)
information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR
completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ ___ 864,951-17
paid by the Contractor for Work for which previous Certificates for Payment were g. CURRENT PAYMENT DUE $ 155 ?Y8 UI
issued and payments received from the Owner, and that current payment shown y BALANCE TO FINISH, PLUS RETAINAGE $ 71 herein is now due. 731', 8_82
(Line 3 less Line 6)
CON I RAC1 OR: PEED FAB CRETE CORPORATION, INT'L State of: County of:
Subscribed and sworn to before me this day of ,19
4� Notary Public:
ITy 4_,,` -r Date: 7 My Commission expires:
AMOUNT CERTIFIED $
A CH ITECT'S CERTIFICATE FOR PAYMENT (Attach explanation if amount certified differs from the amount applied for.)
ARCHITECT:
In accordance with the Contract Documents, based on on-site observations and the
data comprising the above application, the Architect certifies to the Owner that to the
best of the Architect's knowledge, information and belief the Work has progressed as By. Date:
indicated, the quality of the Work is in accordance with the Contract Documents, and This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the
the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, payment and acceptance of payment are without
prejudice to any rights of the Owner or Contractor under this Contract.
CONTINUATION SHEET AIA DOCUMENT G702A PAGE OF PAGE
APPLICATION AND CERTIFICATE FOR PAYMENT, containing CITY OF WYLIE 1
CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: M8 Ne
In tabulations below, amounts are stated to the nearest dollar.
Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: *60903
WORK COMPLETED
ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE
No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH
A B C Applications Application F G(D+E+F) % H(C-G) I
SITE WORK 58,564.00 58,564.00 0.00 53,564.00 100% 0.00
TEMP SERVICES 4,500.00 2,250.00 1,125.00 3,375.00 75% 1,125.00
ARCHITECT DRAWINGS 6,050.00 6,050.00 0.00 6.050.00 1007. 0.00
SHOP DRAWINGS 15,500.OU 15,500.00 OM 15,500.00 10U7. 0.00
ENG. STAMP 1,000.00 1,000.00 0.00 1,000.00 100% 0.00
FOUNDATION WORK 107,545.00 107,545.00 0.00 107,545.00 1007. 0.00
PIERS 25,245.00 25,245.00 0.00 25,245.00 100X 0.00
CONCRETE WORK 333,429.00 53,348.64 0.00 53,348.64 16% 280,080.36
STRIPING 1,200.00 0.00 0.00 0.00 OX 1,200.00
PRECAST WORK 210,163.00 210,163.00 0.00 210,163.00 100% 0.00
WYLIE SIGN 14,000.00 0.00 0.00 0.00 07. 14,000.00
JOINT/WALL TREAIMENT 8,575.00 8,146.25 428.75 8,575.00 100X 0.00
JOIST/GIRDER/DECK 82,198.00 82,198.00 0.00 82,198.00 1007. 0.00N--,: c-,
BUILT UP ROOF 85,488.00 85,488.00 0.00 85,488.00 100% 0.00
SPRINKLER SYSTEM 39,060.00 37,888.20 0.00 37,888.20 97% 1,171.80
GLASS/DOORS-WINDOWS 33,612.00 17,478.24 15,461.52 32,939.76 98X 672.24
DRIVE THROUGH WINDOW 4,918.00 0.00 0.00 0.00 OX 4,918.00
INTERIOR/WOOD DOORS 36,804.00 0.00 0.00 0.00 07.. 36,804.00
DRYWALL & CEILING 143,244.00 35,811.00 71,622.00 107,433.00 757. 35,811.00
FLOORING 35,660.00 0.00 0.00 0.00 07. 35,660.00
PAINTING 11,798.00 0.00 1,799.70 1,799.70 15% 10,198.30
CARPENTRY 4,220.00 844.00 0.00 844.00 207. 3,376.00
PLUMBING 78,792.00 39,396.00 16,546.32 55,942.32 71% 22,849.68
ELECTRICAL 99,334.00 17,880.12 31,786.88 49,667.00 50% 49,667.00
A-C/HEATING 90,000.00 40,500.00 27,000.00 67,500.00 757. 22,500.00
FLAG POLE 7,751.00 0.00 0.00 0.00 0% 7,751.00
JAIL EDUIPMENT 63,530.00 0.00 0.00 0.00 0% 63,530.00
TOLIET ACCESSORIES 11,591.00 0.00 0.00 0.00 0% 11,591.00
CLEAN UP 5,100.00 1,020.00 510.00 1,530.00 30% 3,570.00
SUPERINTENDENT 30,000.00 15,000.00 6,000.00 21,000.00 70% 9,000.00
SUB TOTAL OR TOTAL
I
CONTINUATION SHEET PAGE OF PAGES
APPLICATION AND CERTIFICATE FOR PAYMENT, containing
CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER:
In tabulations below, amounts are stated to the nearest dollar.
Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO:
WORK COMPLETED
ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE
No VALUE Previous This MATERIALS STORED TO DATE TO FINISH
A B C Applications Application F G(D+E+F) % H(C—G) I
PERFORMANCE BON0 19,327.00 19,327.00 0.00 19,327.00 100X 0.00
INSURANCE 66,440.00 66,440.00 0.00 66,440.00 100% 0.00
C/0 t1 6,842.00 6,499.90 273.68 6,773.58 99% 68.42
C/O 12 •
14,948.00 7,474.50 -0.50 1,474.00 50% 7,474.00
SUB TOTAL OR TOTAL 1,756,628.00 961,056.85 172,553.35 1,133,610.20 623,017.80
TO: MAYOR AND COUNCILMEMBERS
FROM: JAMES JOHNSON, ACTING CITY MANAGER
RE: ITEM #17 - AUDIT ENGAGEMENT PROPOSAL Y/
DATE: JULY 10, 1987
Charter Reference - Article 8 - Municipal Finance, Section 13 -
Independent Audit. The Charter requires that at the close of each
year the City Council shall cause an independent audit to be made
of all accounts of the City by a Certified Public Accountant .
Brent Doll' s firm of Doll , Karaha l, and Co. , P. C. has done the
City' s audit work for the last several years. If you remember,
this year we are in a transition stage from a cash basis accounting
system to a modified accrual and full accrual accounting system
that will be in conformance with generally accepted accounting
practices in governmental accounting and auditing standards.
Therefore, it will be my recommendation that Mr. Doll' s company be
awarded the audit engagement on the City' s financial records for
the period ending September 30, 1987.
7 '
DOLL, KARAHAL & COMPANY, P.C.
Certified Public Accountants
Brent L.Doll,CPA 618 Meadows Building
George A Karahal,C.P.A. June 9, 1987 Dallas,Texas 75206
214-363-4349
Honorable Mayor Chuck Trimble
City of Wylie
P. 0. Box 207
Wylie, Texas 75098
Dear Mr. Trimble:
We are in the process of scheduling our fall audits. James Johnson felt
it would be appropriate for us to submit our engagement letter at this
time. The enclosed engagement letter sets out the general scope of our
audit and other details pertaining thereto. If the letter correctly
expresses your understanding, please sign one copy and return it to us.
Subject to your approval, we would do preliminary work during August or
September and begin the year end audit work on Monday, October 19, 1987.
Please contact us if you wish to discuss our engagement further. We look
forward to working with you once again.
We have enclosed a complimentary copy of "Governmental Accounting Standards
Board Statement No. 3" having to do with required footnote disclosures in
all audit reports issued after December 15, 1986, Statement No. 3 requires
disclosure of the terms of coverage of all bank deposits reflecting amounts
covered by insurance (FDIC) , amounts collateralized by the bank and those
amounts uninsured and uncollateralized.
Very truly yours,
Brent L. Doll, CPA
BLD:cw
Enclosures
ir .
DOLL, KARAHAL & COMPANY PC.
Certified Public Accountants
Brent L.Doll,C.PA 618 Meadows Building
George A Karahal,C.P.A. June 5, 1987 Dallas,Texas 75206
214-363-4349
Honorable Mayor Chuck Trimble and
Members of the City Council
City of Wylie
P. 0. Box 207
Wylie, Texas 75098
We are pleased to confirm our understanding of the services we are to provide for
the City of Wylie, Texas, for the year ended September 30, 1987. We will audit the
general purpose financial statements of the City of Wylie, Texas, as of and for the
year ended September 30, 1987.
Our audit will be a Single Audit made in accordance with generally accepted
auditing standards; the standards for financial and compliance audits contained in
Standards for Audit of Governmental Organizations, Programs, Activities, and
Functions, issued by the U.S. General Accounting Office; the Single Audit Act of
1984; and the provisions of OMB Circular A-128, Audits of State and Local
Governments, and will include tests of the accounting records of the City of Wylie,
Texas, and other procedures we consider necessary to enable us to express an
unqualified opinion that the financial statements are fairly presented in
conformity with generally accepted accounting principles consistently applied and
to report on the City of Wylie, Texas, compliance with laws and regulations and its
internal accounting controls as required for a Single Audit.
If our opinion is other than unqualified, we will fully discuss the reason with you
in advance.
Our procedures will include tests of documentary evidence supporting the
transactions recorded in the accounts, and may include tests of the physical
existence of inventories, and direct confirmation of receivables and certain other
assets and liabilities by correspondence with selected individuals, creditors, and
banks. We will request written representations from your attorneys as part of the
engagement, and they may bill you for responding to this inquiry. At the
conclusion of our examination, we will also request certain written representations
from you about the financial statements and related matters.
An audit is based primarily on the selective testing of accounting records and
related data; therefore, our audit will involve judgment about the number of
transactions to be examined and the areas to be tested. Because we will not
perform a detailed examination of all transactions, there is a risk that material
errors, irregularities, or illegal acts, including fraud or defalcations, may
exist and not be detected by us. We will advise you, however, of any matters of
that nature that come to our attention.
76"
Honorable Mayor Trimble
City of Wylie
June 5, 1987
Page 2
We understand that you will provide us with the basic information required for our
audit and that you are responsible for the accuracy and completeness of that
information. We will advise you about appropriate accounting principles and their
application and will assist in the preparation of your financial statements, but
the responsibility for the financial statements remains with you. This
responsibility includes the maintenance of adequate records and related controls,
the selection and application of accounting principles, and the safeguarding of
assets.
We understand that your employees will type all cash or other confirmations we
request and will locate any invoices selected by us for testing.
Our fees for these services will be based on the actual time spent at our standard
hourly rates, plus travel and other out-of-pocket costs such as report production,
typing, postage, etc. Our standard hourly rates vary according to the degree of
responsibility involved and the experience level of the personnel assigned to your
audit. Based on our preliminary estimates, the fee should approximate $15,750.
This estimate is based on anticipated cooperation from your personnel and the
assumption that unexpected circumstances will not be encountered during the audit.
If significant additional time is necessary, we will discuss it with you and arrive
at a new fee estimate before we incur the additional costs.
We appreciate the opportunity to be of service to the City of Wylie, Texas, and
believe this letter accurately summarizes the significant terms of our engagement.
If you have any questions, please let us know. If you agree with the terms of our
engagement as described in this letter, please sign the enclosed copy and return it
to us.
Very truly yours,
Doll, Karahal & Company, P.C.
RESPONSE:
This letter correctly sets forth the understanding of the City of Wylie, Texas.
By:
Title:
Date:
MEMORANDUM
DATE: June 30. 19G7 °
TO: james Johnson. interim Citv Manaqer
FROM: Ron Homever. E. I . 7 . . Asst, Citv Enqineer 0 / \
RE: Newport Harbor Subdivision Off-site Water Line
l nave completed a final inspection on the above referenced
proiect and I have found it to be complete. All of the
necessary tests have been run and the results have met the
requirements of the Citv of Wvlie Subdivision Ordinance and
the requirements of the Enqzneerinq Department. Please put
this item on the next Citv Council Aqenda for acceptance.
M. E. HICKS UTILITY CONTRACTORS, INC. �+[�T INVOICE
P.O. BOX 1433 lee
syr` PLANO,TEXAS 75074 0
' �r��a,; • (214)424-7544 ~rRA[to N� __ 0. 335
STATEMENT OF WORK COMPLETED
Client 13. -tvloprw t Cry Page No. 1 of 1
Project NPwporf- 'Harbor f)ffsifp Water Date 6-12-87
Attn: Mr, Baron Cook Estimate #1 By MR
ITEM
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
. WATER
1 8" Water 6,000 LF 7.95 47,700.00
2 8" Valve 4 EA 400.00 1,600.00
3 Test 1 LS 450.00 450.00
4 16" Water 130 LF 34.32 '4,461.60
5 16" x 8" Cross 1 EA 875.00 875.00
6 Conn. to Exist. 16" 1 EA 600.00 600.00
7 2" Ten>p. Water 1 _ LS 2,200.00 2,200.00
TOTAL WORK COMPLETED — 57,886.60
LESS 10% RETAINAGE
5.788.66
AMOUNT DUE ESTIMATE #1 52.097.94
White-Owner Green-Engineer Canary-Accounting Pink-Estimating G'rod-Job File
71
it
C
CUMMINGS & PEWITT, INC.
ENGINEERING/PLANNING/SURVEYING
Ip 1200 EXECUTIVE DRIVE EAST,SUITE 115
(214)680RICHARDSON-06,02TEXAS 75081
To: Myran Corporation Statement No.: 1150
5949 Sherry Lane 0620
Dallas,Texas 75225 Date: May 11 , 1987
ATTN: Baron Cook
Job No.:85060
FOR PROFESSIONAL &TECHNICAL SERVICES FURNISHED AS FOLLOWS:
Newport Harpor:
Oversize water and sanitary sewer design:
Engineering Design $4,765.00
Construction Staking $750.00
Total $5,515.00
TOTAL THIS STATEMENT $5,515.00
- 1.50% PER MONTH SERVICE CHARGE ADDED TO INVOICES OVER 30 DAYS-
-PLEASE RETURN ONE COPY WITH REMITTANCE-
...fro 161161\1
' ENO ERWG PLANNING/SJRVEY�W
C '
1200 EXECUTIVE DRIVE EAST,SUITE 115
I I •
RICH(214)680-06ARDSON,680-0602 TEXAS 75081
To: Myran Corporation Statement No.: 1151
5949 Sherry Lane 0620
Dallas,Texas 75225 Date: May 11 , 1987
ATTN: Baron Cook
Job No.:85060
FOR PROFESSIONAL &TECHNICAL SERVICES FURNISHED AS FOLLOWS:
Newport Harpor:
Offsite Water Design: $2,175.00
Total $2,175.00
TOTAL THIS STATEMENT $2.175.00
-1.50% PER MONTH SERVICE CHARGE ADDED TO INVOICES OVER 30 DAYS-
-PLEASE RETURN ONE COPY WITH REMITTANCE-
CITY OF' WYLIE
108 S.JACKSON ST. - P.O. BOX 428
June 1 1, 1987 WYLIE,TEXAS 75098
(214)442-2236
Larry Jackson, City Attorney
Sallinger, Nichols, Jackson, Kirk and Dillard
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
Re: Contractual Agreement
City of Wylie - 1378 Development Corp.
Dear Larry,
At the City Council meeting of May 26, 1987, the Council authorized
Baron Cook of 1378 Development Corporation to install an off-site
water line from the Wylie Lake Ranch Estates to the Newport Harbor
subdivision, which is now under construction. The items to be
installed were:
8" PVC pipe - approximately 5, 845 L. F. of off-site to
8" x 16" cross (from existing 8" line at
Lake Ranch Estates)
4 - 8" valves
1 - 8" x 8" x 16" x 16" cross (8 x 16 cross)
1 - 8" plug
1 - 8" tee
16" D. I. (Ductile Iron) - approximately 125 L. F.
The Council authorized Mr. Cook to install line at a cost not to
exceed $50, 000.
Please draw up the necessary contract between the City and Mr.
Baron Cook of 1378 Development Corporation, 16816 Dallas Parkway,
Suite C, Dallas, Texas 75248. The contract should state, among
others, City conditions that the water line will be put in to our
specifications, subject to our inspection as required and
acceptance, before reimbursement with further documentation of
expenses.
Please call if you have any questions.
Re fully,
nes Johnson
cting City Manager
cc: Ron Homeyer, Asst. City Engineer
Roy Faires, Code Officer
Don White, Acting Director of Public Works
of meeting of Collin County Officials in McKinney on
Thursday May 28, 1987.
Councilman Crane stated that he would like to see us
pursue
an ammendment to our building code to not allow the double
key dead bolts be installed in new homes. Staff stated that
the only way to inforce this would be to specify new homes
and not existing ones.
Mayor reminded Council of General Assembly of the North
Central Council of Governments will meet on June the 2, 1987
for a luncheon and program. He also received from the Texas
Operational Plan for Radiology Protection a plan of
evacuation for emergency action. Meeting on June 1 , 1987
with Texas Water Commission. Meeting on June 2, 1987 for EPA
requirements for Collin County ozone levels.
Acting City Manager James Johnson reminded Council of
meeting with the Texas Water Commission on June 1 , 1987 at
2: 00 P. M. in room 119 in the Stephen F. Austin Bld
g. and
suggested that they meet before the meeting and plan their
stratagies. He stated that he would notify Lucas regarding
ETJ as soon as Mayor and Mayor Pro-Tem set a date.
Councilman DiTota ask about specifics for the City Manager
Selection. He stated that he and Councilman Blakey had met
and would be meeting later on in the week with Mr. Bob
Woodruff and Mr. Bob Huey in the process of eliminatin and
ultimate selection of City Manager. Mayor Trimble suggested
to Council the possibility of video tapping potential
candidates. Cost is $50.00 per candidate.
Councilman Akin clarified the schedule for garbage pick up.
CONSIDER PRESENTATION BY JAMES BUTTS FOR FUNDING OF THE
SUMMER RECREATION PROGRAM SPONSORED BY THE CHAMBER OF
COMMERCE: Mr. Butts stated that they were unable to meet
with the D P Owen Foundation before Council meeting for
possible funding because of the meetings schedule of DBO.
Mr. Butts said that they need $2,750. 00. , but if funding
became avaliable they would not need the money. Motion was
made by Councilman Akin to approve. Seconded by Coucilman
Hal key. The vote was follows: Mayor Trimble-in favor, Mayor
Pro-Tem Donovan-in favor, Councilman Akin-in favor,
Councilman Westerhof-against, Councilman Di Tota-i n favor,
Councilman Crane-against, Councilman Blakey-i The
moti arried with -f,� vo�
vac and 2 aga�irast.
NSIDER FUNDING FOR NEWPORT HARBOR WATER LINE BY REQUEST 0
ARON COOK: Mr. Cook stated that anything over $62,000.00,
he would pay. Mayor Pro-Tem Donovan made a motion to exclude
the booster pump and cap the reinbursement to $50,000.00
only. Seconded by Couni l man Westerhof.. The vote was follows:
Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor,
ounci l man Akin-in favor, Councilman Westerhof-in favor,
nc i l man Di Tota-i n favor, Councilman Crane-in favor,
Coun an Blakey-in favor. Motion carried with all in
favor.
F:
TO: MAYOR AND COUNCILMEMBERS
FROM: JAMES JOHNSON, ACTING CITY MANAGER
RE : ITEM #19 - DELINQUENT TAX COLLECTIQ ' CONTRACT
DATE: JULY 10, 1987
At previous Counci 1 meetings, the City Council acted to terminate
our existing tax collection attorney, McCreary, Beck, Veselka and
Allen, P. C. of Austin, Texas. This contract expires on July 23,
1987. The Council, at that time, voted to hire Sal l inger, Nichols,
Jackson, Kirk and Dillard as our tax collection attorney and as a
consolidation effort, as this firm also does our City Attorney
work. The contract before you tonight is just a formalization of
the Councii ' s previous directive.
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger & Nichols)
ALFRED SALLINGER Attorneys & Counselors at Law PRESTON CENTER OFFICE
H.LOuls NICHOLS 1800 Lincoln Plaza 8222 Douglas Ave. Suite 707
LAWRENCE W.JACKSON 500 N. Akard Dallas,Texas 75225
TIM KIRK T� T 1214)892-1218
ROBERT L.DILLARD III Dallas, Texas 75201
ROBERT D.HEMPHILL (214) 954-3333
ROBERT E.HAGER
PETER G.SMITH
ROY L.ARMSTRONG (� (�Q
DAVID M.BERMAN June Le 19, 1987 ROBERT L.DILLARD.JR.
JOHN F.ROEHM III OF COUNSEL
BRUCE A.STOCKARO
PAM GANDAL EUDARIC
Mr. James Johnson
Interim City Manager
City of Wylie
114 N. Ballard
P. O. Box 428
Wylie, Texas 75098
Re: Delinquent Tax Collection Contract
Dear Mr. Johnson:
Pursuant to the recent approval of the City Counsel of the City of Wylie to
retain the undersigned law firm for the purposes of collection of delinquent taxes,
enclosed herewith please find an original and four (4) copies of our proposed Delinquent
Tax Collection Contract. Please review this contract and submit same to the appropriate
persons within the City's administration.
In the event that any changes need to be made on the agreement, please contact
me at your convenience. Additionally, in the event that either yourself or anyone at
the City has any questions concerning the meaning or effect of any of the terms or
provisions of the agreement, please let me know.
We look forward to a long and mutually productive association with the City
regarding the collection of your delinquent tax. Thank you for your attention and
consideration herein.
Sincerely,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
By: /rj
Davi. :erman
DMB:pf
Enclosures
DELINQUENT TAX COLLECTION CONTRACT
STATE OF TEXAS s
s
COUNTY OF DALLAS s
THIS AGREEMENT is made and entered into by and between the CITY OF WYLIE,
TEXAS, hereinafter referred to as the "City", and the law firm of SALLINGER, NICHOLS,
JACKSON, KIRK & DILLARD, a Texas law firm, hereinafter referred to as the "Firm".
I.
The City agrees to employ and does hereby employ the Firm to enforce by suit
or otherwise the collection of all delinquent taxes, penalty and interest owing to the
City, and to such other taxing units for which the City presently has responsibility by
law or contract to make such collections on its behalf. Current year taxes that become
delinquent at the time this contract is in force shall be subject to the terms of this
agreement on the first day of July of the year in which such taxes become delinquent.
If suit is brought for delinquent taxes and current year taxes are owed, current year
taxes must be included.
II.
The City agrees to furnish copies of delinquent tax statements to the Firm for
any and each delinquent tax account upon which the City desires that legal action be
taken. The City further agrees to provide updated delinquent tax statements upon
request by the Firm. Said delinquent tax statements shall contain the name and address
of the taxpayer, the amount of taxes, penalty and interest due from the taxpayer, the
account number of the taxpayer, the collection fees due from the taxpayer, if any, and
a description of the property upon which taxes were levied.
III.
Upon receipt of the delinquent tax statements by the Firm, the Firm agrees to
initiate procedures for the collection of the full amount due from each taxpayer. Within
thirty (30) days from the Firm's receipt of the delinquent tax statements, the Firm
hereby agrees to send, by first class mail, a demand letter to each and every delinquent
taxpayer requesting said taxpayer to remit the full amount due and owing to the City's
tax office at no charge to the City. The Firm further agrees to send, by first class mail,
a second demand letter to each delinquent taxpayer who failed to respond to the initial
demand letter within thirty (30) days following the date of the mailing of the initial
demand letter. The Firm further agrees to pay all postage costs for any mailings
required hereunder.
DELINQUENT TAX COLLECTION CONTRACT — Page 1
IV.
The Firm further agrees to conduct investigations as to the address of each
taxpayer and the location of the property where such information may be incorrect on
the delinquent tax statement. The Firm shall call to the attention of the appropriate
tax official any errors, discrepancies, or inaccuracies in the information provided on
the delinquent tax statement detected by the Firm. The Firm further agrees to provide
the City with any advice or assistance in connection with updating the tax rolls. The
City shall make available to the Firm information which the City may have with regard
to the name, identity, location of necessary parties and descriptions of property in
connection with each delinquent tax account upon request by the Firm.
V.
The Firm agrees to provide the City with progress or status reports of the Firm's
tax collection efforts. The Firm shall advise the City of any case in which the Firm's
investigation has revealed that the taxpayer cannot be found, the enforcement of the
tax lien cannot be accomplished, or further attempts at tax collection would be futile.
In such cases, the City shall advise the Firm as to the appropriate procedure to be
followed.
VI.
Following transmittal of the second demand letter as specified hereinabove, the
Firm will commence procedures in anticipation of litigation. The City shall have
discretion over which accounts suit shall be filed. The transmittal of the delinquent
tax statement to the Firm from the City shall constitute authorization to file suit
following the mailing of the second demand letter. Upon notice, the City may at any
time withdraw this authorization.
VII.
The Firm agrees to commence litigation, prosecute, and reduce to judgment the
delinquent accounts. Each suit filed shall seek: personal judgment against the individual
taxpayer for all taxes, penalty and interest; foreclosure of any tax lien which may exist
by operation of law; any and all court costs incurred in prosecuting this suit, and any
collection fees which the taxpayer may be obligated to pay. The Firm shall perform
litigation responsibilities and assert the City's legal remedies including appeals,
preparation of any documents required, post-judgment activities, and any other actions
necessary in order to collect the delinquent taxes.
VIII.
The Firm will assume the representation of the City in pending lawsuits involving
the collection of delinquent taxes and the enforcement of the tax lien including, but
7
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DELINQUENT TAX COLLECTION CONTRACT - Page 2
not limited to, bankruptcy litigation, interventions in suits filed on behalf of other
taxing jurisdictions for the foreclosure of a tax lien on real property, and any other suit
or litigation which may involve or relate to the collection of delinquent taxes. The
Firm will inform the City of any counter claims or cross-actions filed against the City
or against any taxing unit for which taxes are collected by the City.
IX.
In addition to litigation, the Firm further agrees to provide taxpayer service.
As such, the Firm agrees to respond to taxpayer inquiries and to advise the City of
and make any recommendations concerning installment payment agreements and settlement
agreements proposed by the taxpayer. In all demand letters and all communications
with taxpayers, the Firm shall inform and instruct the taxpayer to remit its payment to
the City's tax office.
X.
As compensation for the services rendered hereunder by the Firm, the City hereby
agrees to pay to the Firm fifteen percent (15%) of the total amount of all delinquent
taxes, penalty and interest for the years covered by the delinquent tax statement and
recovered by the Firm from the taxpayer or from forced sale. The Firm shall not be
entitled to the aforesaid fifteen percent (15%) unless and until the Firm has taken some
action in connection with recovering delinquent taxes. The transmittal of the first and
initial demand letter, as described hereinabove, shall constitute sufficient action in
order to entitle the Firm to the fee aforesaid. In no event shall the Firm be entitled
to said fee unless and until the City's tax office actually collects the delinquent taxes,
penalty and interest from the taxpayer or from the proceeds of a forced sale or
foreclosure. The compensation due to the Firm shall be payable on or before the end
of the month in which the delinquent taxes, penalty and interest are collected or
reasonably soon thereafter. In no event shall this contract be construed to limit or
waive any contract, agreement or right to payment of the Firm for compensation for
legal services rendered which services are not related to delinquent tax collection efforts.
XI.
Any settlement offer made to the Firm by any taxpayer in full satisfaction of
tax liability shall promptly be relayed to the City's tax office for approval or rejection.
The City shall have sole discretion over whether or not to settle for the amount
proposed by the taxpayer. In any case in which the City chooses to settle, the Firm
shall be entitled to fifteen percent (15%) of the amount agreed to in the settlement.
In any case in which the fifteen percent (15%) collection fee is not authorized by law
in whole or in part, the City shall collect on behalf of the Firm and shall pay over to
C'
DELINQUENT TAX COLLECTION CONTRACT — PAPP 2
the Firm in accordance with the terms hereof any attorneys' fees collected from the
taxpayer or from a forced sale or foreclosure of property. In any suit or proceeding
in which attorneys' fees or collection fees are not collected, the Firm shall be entitled
to a fee of fifteen percent (15%) of any taxes, penalty and interest collected. However,
no settlements or compromises of taxes, penalty or interest shall be effected where
prohibited by law.
XII.
This contract shall commence on the day of , 1987,
and shall continue and remain in full force and effect for a period of two (2) years
from said date unless and until terminated by mutual agreement of both parties; provided,
however, that either party to this agreement shall have the right to and may terminate
this agreement upon written notice of intent to terminate, given at least thirty (30)
days prior to the date of termination. In the event that either party desires to terminate
this agreement after suit has been filed and before said suit has been reduced to
judgment, the Firm shall have an additional six (6) months in which to reduce to judgment
any suits previously filed and to complete work in progress.
XIII.
The terms, obligations and requirements of this contract shall be construed in
accordance with the laws of the State of Texas. In consideration of the terms, covenants
and mutual agreements hereinabove stated, the Firm hereby accepts the employment of
the City and undertakes the performance of this contract as above stated.
XIV.
This contract is executed on behalf of the City by the presiding officer of its
governing body who is authorized to execute this instrument by order heretofore passed
and duly recorded in its minutes.
DRLINAIIRRT TAX COLLECTION CONTRACT - Pare 4
WITNESS the signatures of all parties hereto in single or multiple originals on
this the day of , 1987, Collin County, Texas.
SALLINGER, NICHOLS, JACKSON,
KIRK do DILLARD
By:
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 954-3333
ATTEST: CITY OF WYLIE, TEXAS
By:
CITY SECRETARY MAYOR
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