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HomeMy WebLinkAboutAgenda 08-28-07 Web AGENDA #2717 CITY OF UNIVERSITY PARK COUNCIL CHAMBER – CITY HALL MODULAR BUILDING TUESDAY, AUGUST 28, 2007 5:15 P.M. 4:00-4:15 PM EXECUTIVE SESSION: FOR CONSULTATION WITH CITY ATTORNEY UNDER SECTION 551.074, GOVERNMENT CODE. NO ACTION WILL BE TAKEN – City Hall, Fire Department Training Room 4:15-5:00 PM WORK SESSION FOR AGENDA REVIEW – City Hall, Fire Department Training Room PUBLIC COMMENTS Questions and comments regarding Main Agenda items should be made when that item is addressed by the City Council. Please be advised that under the Texas Open Meetings Act, the Council may not discuss or act at this meeting on a matter not listed on the Agenda. Other questions or private comments for the City Council or Staff should be directed to that individual immediately following the meeting. I.CALL TO ORDER INVOCATION– Director of Information Services Jim Criswell PLEDGE OF ALLEGIANCE – Director of Information Services Jim Criswell /Boy Scouts – INTRODUCTION OF COUNCILMayor James H. Holmes, III INTRODUCTION OF STAFF– City Manager Bob Livingston II.CONSENT AGENDA A.CONSIDER: Approval of Frequency Reconfiguration Agreement B.CONSIDER: University Park Library Special Section for the October 2007 Arbor C.CONSIDER: Agreements with Caruth/Preston Road Associates, Ltd. for private uses of the City’s rights-of way within the Plaza at Preston Center D.CONSIDER: License Agreement with Max-A-Million Carriage Rides E.CONSIDER: Interlocal Contract with the Harris County Department of Education for Cooperative Purchasing F.CONSIDER: Interlocal Agreement with the City of Fort Worth and Cooperative Purchasing of Fuel G.CONSIDER: Resolution to Adopt 2007 Certified Property Appraisal Roll H.CONSIDER: Approval of City Council Meeting Minutes for August 7, 2007 III.MAIN AGENDA A.PUBLIC HEARING: Proposed FY2008 Budget and Property Tax Rate B.CONSIDER: Public Safety Committee recommendation on 25 MPH Speed Study C.CONSIDER: Amendment to City Ordinance Regulating Photo Enforcement and Red Light Cameras D.CONSIDER: Coffee Park Master Plan Design Fees E.CONSIDER: Pool Master Plan – Phase I IV. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda should do so at this time. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any Agenda items listed herein. AGENDA MEMO (08/28/07AGENDA) DATE: August 23, 2007 TO: Honorable Mayor James Holmes, City Council Members FROM: David L. Ledbetter, Fire Chief SUBJECT: Approval of Frequency Reconfiguration Agreement On November 08, 2005, the City Council approved the acceptance of a proposal from Tusa Consulting to act on the behalf of the City to negotiate with Nextel cellular service on a Federal Communications Commission (FCC) ruling that 1,700 public safety agencies throughout the United States must relinquish their 800 MHz frequencies to Nextel. Nextel’s frequencies were within the operating range of these public safety frequencies and often caused interference on the public safety channels. FCC ordered Nextel to supply the 1,700 public safety agencies with new frequencies away from their operating range. I have attached the November 08, 2005 Agenda Memo for your review that outlines the reasons for this process. Each of the 1,700 public safety agencies had to negotiate a Frequency Reconfiguration Agreement that ensures each agency received good operating frequencies and that all costs would be born by Nextel. The Agreement also stipulates that each agency must receive at a minimum the same quality of service before the reconfiguration process. The negotiations were complex and arduous because of the multitude of agencies and entities that had to be coordinated to ensure a successful process. The reconfiguration must be completed on each and every mobile and portable radio the Public Safety and Public Works Departments utilize, including all repeater radios that produces our communication processes. Also, all of Highland Park and SMU mobile, portable and repeater radios must be reconfigured since automatic aid, mutual aid and first response runs are made with these entities. A major concern in this process was the fact that the Public Works portable radios could not be retuned to the new frequencies. Since the radios could not be retuned Nextel was required to replace the radios with comparable radios. We were able to negotiate a better quality radio; however, the City agreed to pay a difference of approximately $7,500.00 for the better radio. Additionally, Nextel must pay for the time each City employee will be away from their regular duties while their radios are being reprogrammed. Approximately 442 City employee man hours will be spent away from their duties while the radios are reconfigured, at a cost of $15,000 that Nextel must reimburse the City. RECOMMENDATION: The City Attorney has reviewed the Frequency Reconfiguration Agreement and the Staff therefore recommends the Agreement be signed and executed by the City Manager, Bob Livingston. ATTACHMENTS: November 08, 2005 Agenda Memo Frequency Reconfiguration Agreement AGENDA MEMO 11/08/05 October 11, 2005 TO: Honorable Mayor and City Council Members FROM: David L. Ledbetter, Fire Chief RE: Acceptance of Proposal from Tusa Consulting In a ruling from the Federal Communication Commission (FCC) and released in August 2004, the FCC ruled that 1700 public safety departments throughout the United States will have to relinquish their 800MHz frequencies to Nextel in order to solve an interference problem Nextel cellular service is causing with public safety radios. Nextel agreed to relocate the 1700 public safety agencies to other 800MHz frequencies at no cost to the agencies. The City of University Park Police, Fire and Public Works Departments are among the 1700 agencies. The FCC required an independent entity be appointed to ensure that both the public safety agencies and Nextel’s best interests were upheld during the reconfiguration process. The independent entity will also ensure that the public safety agencies will receive comparable radio services. The independent entity was selected by various 800MHz stakeholders in the public safety arena and will be known as the Transition Administrator (TA). The TA consists of a team of telecommunication companies and legal counsel that include the companies of BearingPoint, Inc., Squire, Sanders & Dempsey L.L.P., and Baseline Telecom, Inc. The TA has been charged by the FCC to have oversight of the reconfiguration of the 800MHz band and review each contract between the public safety agencies and Nextel and to negotiate any differences. The FCC has also required Nextel to provide 2.5 billion dollars in funding for the reconfiguration process. The funding will cover costs of legal fees, consulting fees, reprogramming and implementation costs, City employee time spent on planning for the reconfiguration, and costs for new equipment if the current equipment owned by the agencies cannot be reprogrammed. The TA has been very specific that public safety agencies (in our case the City) will not incur any expenses in this process. To ensure the best interest of the City is upheld, I have solicited proposals from three telecommunication engineering consultant groups that are well suited to plan, negotiate and implement the reconfiguration process with Nextel. The three proposals have been reviewed by the City Attorney and the recommendation is to accept the proposal submitted by Tusa Consulting. ATTACHMENTS: Letter from Tusa Consulting Fact Sheet from APCO Transition Administrators Sheets on Costs CONFIDENTIAL FREQUENCY RECONFIGURATION AGREEMENT THIS FREQUENCY RECONFIGURATION AGREEMENT (this “Agreement”) is made as of this City of University Park ____ day of ____________, 2007 (“Effective Date”), by and between , a Texas Nextel of Texas, Inc. municipal entity(“Incumbent”), and (“Nextel”),a wholly owned indirect subsidiary of Sprint Nextel Corporation, a Kansas corporation (each is referred to in this Agreement as a “Party” and collectively as the “Parties”). RECITALS A.On August 6, 2004, the Federal Communications Commission (“FCC”) issued a report and order that modified its rules governing the 800 MHz band. The purpose of the order was to reconfigure the 800 MHz band to minimize harmful interference to public safety radio communications systems in the band (“Reconfiguration”). B.On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration. The August 6, 2004 and December 22, 2004 FCC orders, any binding actions issued by the Transition Administrator pursuant to its delegated authority under the orders ("Actions"), and any supplemental FCC orders in the Reconfiguration proceeding or subsequent Actions after the date of this Agreement, are collectively referred to as the "Order." C.Pursuant to the Order, Incumbent and Nextel are licensed on frequency allocations subject to Reconfiguration. D.Pursuant to the Order, Nextel will pay Incumbent an amount to effect a Reconfiguration of Incumbent’s affected frequency allocations (“Reconfiguration Cost”). Incumbent will certify to the transition administrator appointed pursuant to the Order (the “Transition Administrator”) that the Reconfiguration Cost is the minimum amount necessary to provide comparable facilities. FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: AGREEMENT Frequencies to be Reconfigured 1.: Incumbent is the licensee under the license(s) granted by the FCC identified in Schedule A (the “Incumbent Licenses”) for the operation of certain 800 MHz frequencies at the locations identified on Schedule A (the “Incumbent Frequencies”). Nextel, including its subsidiaries or affiliates, is the licensee under license(s) granted by the FCC (the “Nextel Licenses”) for the operation of Specialized Mobile Radio (“SMR”) systems on the frequencies and at the locations identified in Schedule B (the “Replacement Frequencies”). Pursuant to the Order, Incumbent must relinquish the Incumbent Frequencies and relocate its system to the Replacement Frequencies. : Frequency Reconfiguration Process 2. (a) On or before the Closing Date (as defined below) (i) Nextel or Incumbent will cause the modification of the Incumbent Licenses to add the Replacement Frequencies or Nextel will cause the creation of a new FCC license for Incumbent that includes the Replacement Frequencies; (ii) Incumbent will cause the assignment of the Incumbent Frequencies to Nextel or will cause the deletion of the Incumbent Frequencies from the Incumbent Licenses following Reconfiguration of Incumbent’s systemand (iii) ; Nextel will cause the modification and/or cancellation of the FCC licenses it holds for the operation of 800 University Park FRA – Final Exe Page 1 of 22 CONFIDENTIAL MHz frequencies that are co-channels of the Replacement Frequencies, to the extent required to meet the technical short-spacing requirements of Section 90.621(b) of the FCC’s Rules, 47 C.F.R. § 90.621(b) (“Section 90.621(b)”), as such rule may be amended from time to time by the FCC. (b) The parties agree that Nextel will make the FCC assignment filings for the Replacement Frequencies on a future date to be determined by the parties through mutual agreement and in accordance with Section 5. The Incumbent reserves the right to make its own FCC filings for the Replacement Frequencies on such mutually agreed date, rather than relying on Nextel to do so, by so notifying Nextel in accordance with the Notice provision of this Agreement. Reconfiguration Costs: 3. (a) Acknowledgement of Obligations. Incumbent agrees that: (i) the cost estimate set forth in Schedule C (the “Cost Estimate”) sets forth all of the work required to reconfigure Incumbent’s existing facilities to comparable facilities that will operate on the Replacement Frequencies; (ii) after all of the work contemplated by the Cost Estimate has been performed in accordance with this Agreement and Nextel has paid all amounts required by this Agreement, the Incumbent’s reconfigured system shall be deemed for all purposes of the Order to be “comparable” to Incumbent’s existing system prior to Reconfiguration, and Nextel shall be deemed to have satisfied its obligations under the Order to pay the cost of relocating Incumbent’s system from the Incumbent Frequencies to the Replacement Frequencies; and (b) Payment Terms. In order to facilitate the Incumbent’s transition to the Replacement Frequencies, Nextel will pay the costs incurred to reconfigure Incumbent’s system in an amount not to exceed the Cost Estimate. Nextel will make payments in accordance with the payment terms identified on Schedule C for both payments made directly to Incumbent and payments made on behalf of Incumbent directly to each third party service vendor identified on the Cost Estimate (“Vendor”). (i) Prior to the Closing Date, Incumbent will submit to Nextel documentation (including without limitation invoices, receipts, and timesheets or equivalent documentation) demonstrating the actual costs that Incumbent reasonably incurred or paid to other entities to reconfigure Incumbent’s system (“Actual Costs”). Upon receipt by Nextel of all documentation for the Actual Costs, Nextel will issue a statement to Incumbent and Nextel and Incumbent will reconcile the Actual Costs against the payments made by Nextel to Incumbent and Vendors (“Reconciliation Statement”). The Reconciliation Statement will identify what the Parties agree upon as the amount of any additional payments (subject to Section 8) due to Incumbent and/or Vendor(s) or any refunds due to Nextel. The date of receipt by Nextel of Incumbent’s signed Reconciliation Statement is the “Reconciliation Date”. Any additional payments due to Incumbent from Nextel will be disbursed to Incumbent within thirty (30) days of the Reconciliation Date, provided the additional payments do not result from Actual Costs that exceed the Cost Estimate (in which case the provisions of Section 3(b)(iii) of this Agreement will apply). Any refunds due from the Incumbent to Nextel will be made within thirty (30) days of the Reconciliation Date. (ii) Any additional payments due to Incumbent from Nextel will be disbursed to Incumbent within thirty (30) days of the Reconciliation Date, provided the additional payments do not result from Actual Costs that exceed the Cost Estimate (in which case the provisions of Section 3(b)(iii) of this Agreement will apply). Any refunds due from the Incumbent to Nextel will be made within thirty (30) days of the Reconciliation Date. 2 of 22 CONFIDENTIAL (iii) In the event Incumbent’s Actual Costs exceed the Cost Estimate, Incumbent must submit a Change Notice pursuant to Section 8 of this Agreement describing the change in scope of work that resulted in Incumbent’s Actual Costs exceeding the Cost Estimate. Approval of any Change Notice will not be automatic but will be processed in accordance with Section 8 of this Agreement. Additional payments due to Incumbent, which result from any Change Notice prior to the Reconciliation Date or an excess of Actual Costs over the Cost Estimate, as agreed on the Reconciliation Date, will be disbursed to Incumbent and/or its vendors within thirty (30) days of execution by the Parties of the Amendment documenting the approved changes from such Change Notice. (iv) Prior to the Closing Date, Nextel will pay on behalf of itself and Incumbent, both Parties’ applicable sales and transfer taxes, if any, and all FCC fees in connection with the preparation and filing of the necessary FCC applications for the assignment(s) described in Section 2 of this Agreement. Reconfiguration Equipment: 4. If needed in order to facilitate the Incumbent’s transition to the Replacement Frequencies, Nextel will loan any equipment identified in Schedule D as “Loaned Reconfiguration Equipment” and will provide any equipment identified in Schedule D as “Nextel Replacement Equipment”. The Loaned Reconfiguration Equipment and Nextel Replacement Equipment may be referred to collectively as the “Nextel Schedule D Equipment”. Nextel will deliver any Nextel Schedule D Equipment in accordance with the terms on Schedule D. Incumbent will fax to Nextel a bill of lading associated with each shipment of Nextel Schedule D Equipment signed by an authorized representative of Incumbent acknowledging receipt of the Nextel Schedule D Equipment in good working order. Retuning Cooperation: 5. For purposes of this Section, the "Current Program Completion Date" shall mean June 26, 2008 or such other date as may be established by the FCC for the completion of the Reconfiguration. The Parties acknowledge that the number of frequencies and locations covered by this Agreement will require the Parties to cooperate closely in performing their respective reconfiguration activities. The Parties agree that: (i) as of the Effective Date, the Incumbent may begin the reconfiguration of its subscriber units, in accordance with the appropriate sections of Schedule C and Schedule D, (ii) Incumbent may commence such other activities associated with the reconfiguration of its system as further detailed on ScheduleC as of the Effective Date; and (iii) the Parties will agree on a schedule to make the FCC filings, clear the Replacement Frequencies and decommission the Incumbent Frequencies (the “Schedule”). Depending on the timing of the adoption of this Schedule, it may require the submission of a Change Notice in accordance with Section 8 and/or an Amendment to this Agreement, but in any event the Parties agree to adopt the Schedule no later than forty-five (45) days from the Effective Date of this Agreement or July 31, 2007, whichever is later, or such other date as the FCC may require; provided, however, that in the event the completion date in the Schedule for the reconfiguration of Incumbent’s system extends beyond the Current Program Completion Date, the completion date in the Schedule will be subject to FCC approval. Representations and Warranties: 6. Each Party represents and warrants to the other as follows: (a) it is duly organized, validly existing and in good standing under the laws of the state of its incorporation; (b) this Agreement has been duly authorized and approved by all required organizational action of the Party; (c) neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated by this Agreement will conflict with, or result in any material violation or default under, any term of its articles of incorporation, by-laws or other organizational documents or any 3 of 22 CONFIDENTIAL agreement, mortgage, indenture, license, permit, lease, encumbrance or other instrument, judgment, decree, order, law or regulation by which it is bound; (d) it is the lawful and exclusive FCC licensee of its respective license(s) described in this Agreement, such licenses are valid and in good standing with the FCC, and it has the authority to request the FCC to assign, modify or cancel such licenses; (e) there is no pending or threatened action or claim that would have the possible effect of enjoining or preventing the consummation of this Agreement or awarding a third party damages on account of this Agreement; and (f) to the best of its knowledge, all information provided to the other Party concerning the transactions contemplated by this Agreement is true and complete. All representations and warranties made in this Agreement shall survive the Closing (defined below) for two (2) years. Covenants: 7. From the Effective Date until the Closing Date (defined below), each Party will promptly notify the other Party of any pending or threatened action by the FCC or any other governmental entity or third party to suspend, revoke, terminate or challenge any license described in this Agreement or to investigate the construction, operation or loading of any system authorized under such licenses. From the Effective Date until the Closing Date, Incumbent will not enter into any agreement resulting in, or otherwise cause, the encumbrance of any license for the Incumbent Frequencies, and Nextel will not enter into any agreement resulting in, or otherwise cause, the encumbrance of any of the Replacement Frequencies. Changes: 8.The Parties acknowledge that as the Reconfiguration of Incumbent’s facilities proceeds in accordance with the work contemplated by the Cost Estimate, the need for changes to the scope of such work may arise. The Parties agree that their review of any such needed changes must be performed expeditiously to keep the work on schedule and that they will provide sufficient staff to manage changes. If either Party believes that a change to the work contemplated by the Cost Estimate is required (including changes by Vendors), such Party will promptly notify the other Party in writing. Such written notice (the “Change Notice”) shall set forth (i) a description of the scope of the change to the work contemplated by the Cost Estimate believed to be necessary and (ii) an estimate of any increase or decrease in the Cost Estimate and in the time required to reconfigure Incumbent’s existing facilities to operate on the Replacement Frequencies. A Party receiving a Change Notice shall immediately perform its own analysis of the need for and scope of the change and its impact on the Cost Estimate and schedule and negotiate the change in good faith with the other Party. After the Parties have agreed upon a change to this Agreement, they shall prepare a proposed amendment to this Agreement pursuant to Section 25 and submit to the Transition Administrator a copy of the proposed amendment together with a written request for its approval. Such request shall be accompanied by reasonable documentation supporting the need for and scope of the change and any proposed increase or decrease in the Cost Estimate and in the time required to reconfigure Incumbent’s existing facilities to operate on the Replacement Frequencies. Incumbent is responsible for all unauthorized changes necessary as it relates to work performed by a Vendor on behalf of Incumbent. No change to the Cost Estimate, the work contemplated by the Cost Estimate or the time required to reconfigure Incumbent’s existing facilities to operate on the Replacement Frequencies shall become effective until the Transition Administrator has approved the change in writing and both Parties have signed an amendment incorporating such approved change into this Agreement pursuant to Section 25. Closing: 9.The closing (“Closing”) of the transactions contemplated by this Agreement will take place after (i) FCC approval of the assignment of the Incumbent Frequencies to Nextel and/or 4 of 22 CONFIDENTIAL deletion of the Incumbent Frequencies from the Incumbent Licenses, (ii) FCC approval of the modification to add the Replacement Frequencies to the Incumbent Licenses or the creation of a new license for Incumbent that includes the Replacement Frequencies, (iii) the earlier of notification by Incumbent to Nextel that the Incumbent Licenses are clear of all users and thirty-five (35) days following the date Nextel notifies Incumbent that the Replacement Frequencies have been decommissioned, (iv) delivery by Incumbent of all receipts, invoices and other documentation required to substantiate the Actual Cost and signing by Incumbent and delivery to Nextel of the Reconciliation Statement and other documents required to complete the Reconciliation similar to those identified on Exhibit B, (v) FCC approval of the modification and/or cancellation of the FCC licenses Nextel holds for the operation of 800 MHz frequencies that are co-channels of the Replacement Frequencies, to the extent required to meet the technical short-spacing requirements of Section 90.621(b) of the FCC’s Rules, 47 C.F.R. § 90.621(b), as such rule may be amended from time to time by the FCC, (vi) the refund to Nextel or payment to Incumbent as described in Section 3(b)(ii), (if applicable) and (vii) the satisfaction of all other conditions specified in this Agreement (the “Closing Date”). Closing Conditions 10.: Performance of each Party’s Closing obligations is subject to satisfaction of the following conditions (except to the extent expressly waived in writing by the other Party): (a) the continued truth and accuracy of the other Party’s representations and warranties set forth in this Agreement; (b) all of the covenants of the other Party described in this Agreement are performed in all material respects; and (c) execution and delivery by the other Party of Closing documents as well as any other Closing instruments and documents either Party or its counsel may reasonably request. Incumbent will execute and deliver to Nextel a closing certification required by the Transition Administrator (“Completion Certification”). (d) The Parties will cooperate in good faith and exercise their reasonable best efforts to finalize and execute these instruments and documents on or prior to the Closing Date in order to effect the Reconfiguration contemplated. Review Rights: 11.In order to enable the Transition Administrator to comply with its audit obligations under the Order, Incumbent agrees to maintain records and other supporting evidence related to the costs that Incumbent has expended in connection with the Reconfiguration contemplated by this Agreement and that Nextel has paid or will pay to Incumbent pursuant to this Agreement. Incumbent agrees to maintain such records and make them reasonably available to the Transition Administrator for review or reproduction until eighteen (18) months after the date of Incumbent’s executed Completion Certification required by this Agreement or for a longer period if Incumbent, for its own purposes, retains such records for a longer period of time. As used in this provision, “records” includes books, documents, accounting procedures and practices and other data regardless of type and regardless of whether such items are in written form, in the form of computer data or in any other form. Excluded Assets; No Assumption of Liabilities: 12. Nothing in this Agreement should be construed as a transfer or assignment from either Party to the other Party of any assets (including FCC licenses) except as expressly set forth in this Agreement. Other than as expressly provided in this Agreement, neither Party is obligated to assign and transfer to the other any asset, tangible or intangible, nor is either Party entitled to assume any asset, tangible or intangible. Neither Party is assuming, nor is either Party responsible for, any liabilities or obligations of the other Party arising out of or in connection with the other Party’s licenses (or related systems and facilities) that are the subject of this Agreement. 5 of 22 CONFIDENTIAL Confidentiality 13.: The terms of this Agreement, any confidential information disclosed in connection with this Agreement (whether before or after the Effective Date, including during any negotiations or any mediation related to such negotiations or the Agreement), and any proprietary, non- public information regarding the Incumbent Frequencies, Replacement Frequencies, Nextel’s business and Incumbent’s business must be kept confidential by the Parties and their employees, shareholders, agents, attorneys and accountants (collectively, “Agents”), which confidentiality will survive the Closing or termination of this Agreement for a period of two (2) years. The Parties may make disclosures as required by law, to the Transition Administrator and to a Vendor (but only to the extent that such disclosure specifically relates to that Vendor’s work and costs under this Agreement (as identified on Schedule C)) as required to perform obligations under this Agreement, provided, however, that each Party will cause all of its Agents to honor the provisions of this Section. Nextel, Incumbent and their respective Agents may make disclosures regarding the terms of this Agreement to other public safety licensees and their Agents. Each party involved in such disclosures shall cause all of its Agents to confine the disclosure of the terms of this Agreement to only public safety licensees and will advise the party to whom the disclosure was made, to limit further disclosure to only public safety licensees in accordance with the FCC Order, WT Docket No. 02-55, adopted January 8, 2007. Cooperation 14.: The Parties will cooperate with each other and the Transition Administrator with respect to the Reconfiguration work contemplated by this Agreement. Without limiting the foregoing obligations, the Parties agree to cooperate in the preparation of any applications required to be filed with the FCC, and Incumbent agrees to provide reasonable access to its facilities so that the Transition Administrator may comply with any audit obligations and so any Reconfiguration work contemplated by this Agreement may be performed in accordance with the Cost Estimate and performance schedule. If a Party is subject to a denial of FCC benefits for delinquent non-tax debts owed to the FCC that would prevent or delay the timely processing of any FCC applications, such Party shall cure such delinquency in an expeditious manner and at its sole expense. Indemnification: 15. From and after the Closing Date, each Party (the “Indemnifying Party”) will indemnify and defend the other Party, its officers, directors, employees and agents (collectively, the “Indemnified Party”), from and against all third party demands, claims, actions, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses (collectively, “Costs”), asserted against, imposed upon or incurred by the Indemnified Party arising from or related to: (i) any breach of any covenant, agreement, representation or warranty of the Indemnifying Party contained in, or made pursuant to, this Agreement; or (ii) any and all liabilities (including successor liabilities) or obligations relating to periods prior to the Closing Date resulting from the Indemnifying Party’s operation of the system operated pursuant to the Incumbent Licenses or the Nextel Licenses, as applicable, or the ownership or use of those licenses or from the Indemnified Party’s employment, or termination of employment, of its employees. The obligations under this Section survive the Closing for a period of three (3) years. Disputes 16.: The Parties agree that any dispute related to the Replacement Frequencies, Nextel’s obligation to pay any cost of the Reconfiguration of Incumbent’s system contemplated by this Agreement, or the comparability of Incumbent’s reconfigured system to Incumbent’s existing system prior to Reconfiguration, which is not resolved by mutual agreement, shall be resolved in accordance with the dispute resolution provisions of the Order, as it may be amended from time to time. No Gratuities 17.: No gift, gratuity, credit, thing of value or compensation of any kind shall be offered or provided by Incumbent, directly or indirectly, to any officer, employee or official of Nextel for the purpose of improperly obtaining or rewarding favorable treatment under this Agreement. Liens 18.: If any liens or security interests attach to any of Incumbent’s facilities in favor of any vendor or service provider that is performing any Reconfiguration work contemplated by this Agreement 6 of 22 CONFIDENTIAL as a result of Nextel’s breach of any obligation to make direct payment (not in dispute) to such vendor or services provider, Nextel upon receipt of Notice from Incumbent will cooperate to remove any Liens. Vendor Performance Issues 19. : Incumbent will select and contract directly with any vendor or service provider performing work required to reconfigure the Incumbent’s existing facilities to operate on the Replacement Frequencies. Neither the Transition Administrator nor Nextel will be responsible for, or assume the risk of any failure of that Vendor to perform its obligations under any contract entered into between Incumbent and such Vendor in connection with the Reconfiguration contemplated by this Agreement. Replaced Equipment 20.: (a) If the reconfiguration of the Incumbent’s existing facilities to operate on the Replacement Frequencies involves the replacement of any of Incumbent’s existing equipment with equipment provided by Nextel (as identified on Schedule D) or equipment the cost of which is being paid by Nextel pursuant to this Agreement as listed in Schedule C (collectively the “Nextel Replacement Equipment”), then title to “Nextel Replaced Equipment” listed in Schedule D shall pass to Nextel at Closing free and clear of liens and any other encumbrances. Within thirty (30) days of completion of retuning, Incumbent shall deliver the Nextel Replaced Equipment to Nextel at Nextel’s costs and pursuant to Nextel’s instructions. Title to the Nextel Replaced Equipment will pass to Nextel at Closing and Incumbent shall execute such documentation as Nextel may reasonably request to transfer title to Nextel free and clear of liens. Title to the Nextel Replacement Equipment will pass to Incumbent at Closing and Nextel shall execute such documentation as Incumbent may reasonably request to transfer title to Incumbent free and clear of liens. (b) If Incumbent fails to return any item of the Nextel Replaced Equipment and/or Loaned Reconfiguration Equipment to Nextel, under this Section 20(b) ,a product typical value will be established for such equipment (the “Product Typical Value”) during the Reconciliation for the item of Nextel Replaced Equipment and/or Loaned Reconfiguration Equipment not returned, then either: (i) Nextel will deduct the Product Typical Value for those items of Loaned Reconfiguration Equipment and/or Nextel Replacement Equipment provided on loan or provided to replace the Nextel Replaced Equipment not returned to Nextel (including tax (if any) and shipping) (the “Nextel Equipment Refund”) from the final payment due to Incumbent after the Reconciliation Date; (ii) Incumbent must pay Nextel the Nextel Equipment Refund for those items of Nextel Replaced Equipment and/or Loaned Reconfiguration Equipment not returned to Nextel within 30 days of the Reconciliation Date (if no final payment is due to Incumbent); or (iii) Nextel will deduct the portion of the Nextel Equipment Refund up to the value of the final payment due to Incumbent and Incumbent must pay Nextel the remaining Nextel Equipment Refund not covered by the final payment within 30 days of the Reconciliation Date (If the final payment due Incumbent is less than the Nextel Equipment Refund). Termination 21.: This Agreement may be terminated and the transactions contemplated by this Agreement abandoned: (i) by mutual consent of the Parties provided in writing; (ii) for cause by either Party upon material breach of the other Party, following a thirty (30) day period for cure by the breaching Party following written notice of the breach or (iii) by Nextel in the event of any Adverse Decision by any governmental entity of competent jurisdiction affecting the Order. For purposes of this Agreement, an “Adverse Decision” means an order, decree, opinion, report or any other form of decision by a governmental entity of competent jurisdiction that results, in whole or part, in a stay, remand, or reversal of the Order, or otherwise in any revision to the Order that Nextel determines, in its sole discretion, to be adverse to its interests. In the event of termination, the Parties shall take all necessary action (including preparing and filing FCC documents) to return the status quo ante on the date of this Agreement. In the event of termination, Nextel shall pay all costs associated with the return to the status quo ante except if such termination was due to an uncured material breach by Incumbent. 7 of 22 CONFIDENTIAL Attorney’s Fees 22.: In any legal proceeding by a Party to enforce its rights under this Agreement against the other Party, the Party prevailing in such proceeding will be entitled to recover its reasonable attorney’s fees and costs from the other Party. Notices 23.: All notices and other communications under this Agreement must be in writing and will be deemed given (i) the same day if delivered personally or sent by facsimile; (ii) the next business day if sent by overnight delivery via a reliable express delivery service; or (iii) after five (5) business days if sent by certified mail, return receipt requested, postage prepaid. All notices are to be delivered to the Parties at the following addresses: If to Incumbent, to: If to Nextel, to: City of University Park Nextel of Texas, Inc. David Ledbetter – Fire Chief c/o Nextel Communications, Inc. 3800 University Blvd. 2000 Edmund Halley Drive University Park, TX 75205 Reston, VA 20191 Phone: 214-987-5381 Attn: Heather P. Brown, Esq. Fax: 214-232-6009 Phone: (703) 433-4000 Fax: (703) 433-4483 With a copy that shall not constitute Notice: Nextel Communications, Inc. 6575 The Corners Parkway Norcross, GA 30092 Attn: William Jenkins, VP Spectrum Resources Phone: (770) 326-7484 Fax: (678) 405-8252 Assignment 24. : This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns. Either Party may assign this Agreement to any direct or indirect subsidiary or affiliate of the Party, upon delivery of written notice to the other Party. Amendments: 25. This Agreement, including without limitation the scope of work contemplated hereby and the Estimated Cost thereof to be paid by Nextel, may be amended or modified only by a written instrument signed by authorized representatives of both Parties, provided, however, no amendment or modification to this Agreement shall become effective until approved by the Transition Administrator. Benefits: 26. This Agreement is for the benefit of the Parties and their successors and permitted assigns, and nothing in this Agreement gives or should be construed to give any legal or equitable rights under this Agreement to any person or entity, other than (i) the successors and assigns of the Parties, and (ii) the Transition Administrator as specifically provided for in this Agreement. Miscellaneous 27. : If any provision(s) of this Agreement is held in whole or part, to be invalid, void or unlawful by any administrative agency or court of competent jurisdiction, then such provision(s) will be deemed severable from the remainder of this Agreement, will in no way affect, impair or invalidate any other provision contained in the Agreement and the Parties will use their commercially reasonable efforts to amend this Agreement to make the unlawful provision compliant with applicable law so as to preserve the rights and obligations of the Parties. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent 8 of 22 CONFIDENTIAL breach, whether of a similar or dissimilar nature. This Agreement, together with the Schedules, constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. This Agreement is governed by the laws of the State of Texas without regard to conflicts of law principles thereof. This Agreement may be executed in one or more counterparts, including by facsimile, which will be effective as original agreements of the Parties executing the counterpart. In consideration of the mutual consideration set forth herein, this Agreement is effective as a legally binding agreement between the Parties upon execution by the Parties. INCUMBENT: NEXTEL: City of University Park Nextel of Texas, Inc. By:_______________________ By:_______________________ Name: Name: Title: Title: 9 of 22 CONFIDENTIAL SCHEDULE A Incumbent Frequencies Incumbent’s Name: City of University Park Incumbent Assigns to Nextel: CALLSIGN Frequencies Licensee Location Exp Lat (N) Long (W) Date WPHA780 866.0125 City of UNIVERSITY 5/15/2015 32' 50' 39' N 96' 46' 18' W University PARK , TX Park WPHA780 866.0125 City of UNIVERSITY 5/15/2015 32' 51' 54' N 96' 47' 26' W University PARK, TX Park WPHA780 866.1125 City of UNIVERSITY 5/15/2015 32' 50' 39' N 96' 46' 18' W University PARK, TX Park WPHA780 866.1125 City of UNIVERSITY 5/15/2015 32' 51' 54' N 96' 47' 26' W University PARK, TX Park WPHA780 866.5125 City of UNIVERSITY 5/15/2015 32' 50' 39' N 96' 46' 18' W University PARK , TX Park WPHA780 866.5125 City of UNIVERSITY 5/15/2015 32' 51' 54' N 96' 47' 26' W University PARK, TX Park WPHA780 867.0125 City of UNIVERSITY 5/15/2015 32' 50' 39' N 96' 46' 18' W University PARK, TX Park WPHA780 867.0125 City of UNIVERSITY 5/15/2015 32' 51' 54' N 96' 47' 26' W University PARK, TX Park WPHA780 867.0875 City of UNIVERSITY 5/15/2015 32' 50' 39' N 96' 46' 18' W University PARK , TX Park WPHA780 867.0875 City of UNIVERSITY 5/15/2015 32' 51' 54' N 96' 47' 26' W University PARK, TX Park WPHA780 867.5125 City of UNIVERSITY 5/15/2015 32' 50' 39' N 96' 46' 18' W University PARK, TX Park WPHA780 867.5125 City of UNIVERSITY 5/15/2015 32' 51' 54' N 96' 47' 26' W University PARK, TX Park WPHA780 867.6125 City of UNIVERSITY 5/15/2015 32' 50' 39' N 96' 46' 18' W University PARK , TX Park WPHA780 867.6125 City of UNIVERSITY 5/15/2015 32' 51' 54' N 96' 47' 26' W University PARK, TX Park WPHA780 868.0125 City of UNIVERSITY 5/15/2015 32' 50' 39' N 96' 46' 18' W University PARK, TX Park WPHA780 868.0125 City of UNIVERSITY 5/15/2015 32' 51' 54' N 96' 47' 26' W University PARK, TX Park 10 of 22 CONFIDENTIAL SCHEDULE B Replacement Frequencies Incumbent’s Name: City of University Park Nextel Assigns to Incumbent: Replacement Lat (N) Long (W) ERP GndAnt.NewLocation Frequencies (W)ElevHeightLicensee (ft)(ft) 851.0125 32' 50' 39 N 96' 46' 18 W 35 604 ft. 180 ft. City of UNIVERSITY University Park PARK , TX 851.0125 32' 51' 54 N 96' 47' 26 W 35 610 ft. 138 ft. City of UNIVERSITY University Park PARK, TX 851.1125 32' 50' 39 N 96' 46' 18 W 35 604 ft. 180 ft. City of UNIVERSITY University Park PARK, TX 851.1125 32' 51' 54 N 96' 47' 26 W 35 610 ft. 138 ft. City of UNIVERSITY University Park PARK, TX 851.5125 32' 50' 39 N 96' 46' 18 W 35 604 ft. 180 ft. City of UNIVERSITY University Park PARK , TX 851.5125 32' 51' 54 N 96' 47' 26 W 35 610 ft. 138 ft. City of UNIVERSITY University Park PARK, TX 852.0125 32' 50' 39 N 96' 46' 18 W 35 604 ft. 180 ft. City of UNIVERSITY University Park PARK, TX 852.0125 32' 51' 54 N 96' 47' 26 W 35 610 ft. 138 ft. City of UNIVERSITY University Park PARK, TX 852.0875 32' 50' 39 N 96' 46' 18 W 35 604 ft. 180 ft. City of UNIVERSITY University Park PARK , TX 852.0875 32' 51' 54 N 96' 47' 26 W 35 610 ft. 138 ft. City of UNIVERSITY University Park PARK, TX 852.5125 32' 50' 39 N 96' 46' 18 W 35 604 ft. 180 ft. City of UNIVERSITY University Park PARK, TX 852.5125 32' 51' 54 N 96' 47' 26 W 35 610 ft. 138 ft. City of UNIVERSITY University Park PARK, TX 852.6125 32' 50' 39 N 96' 46' 18 W 35 604 ft. 180 ft. City of UNIVERSITY University Park PARK , TX 852.6125 32' 51' 54 N 96' 47' 26 W 35 610 ft. 138 ft. City of UNIVERSITY University Park PARK, TX 853.0125 32' 50' 39 N 96' 46' 18 W 35 604 ft. 180 ft. City of UNIVERSITY University Park PARK, TX 853.0125 32' 51' 54 N 96' 47' 26 W 35 610 ft. 138 ft. City of UNIVERSITY University Park PARK, TX University Park FRA – Final Exe Page 11 of 22 CONFIDENTIAL SCHEDULE C 800 MHZ RECONFIGURATION COST ESTIMATE – CERTIFIED REQUEST Incumbent’s Name: University Park, City of, TX Request for Reconfiguration Funding Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and requests Nextel to fund the estimated reconfiguration costs included below: Incumbent Payment Terms : Nextel will pay Incumbent an amount not to exceed the Estimated Cost(s) for Incumbent with respect to each category of work, as set forth below. Nextel will pay Incumbent $11,002.80 within 15 days (30 days if Incumbent elects to be paid by check rather than electronic funds transfer) after receipt by Sprint Nextel of the fully executed Agreement and fully completed Incumbent Information Form (as set forth on Exhibit A). Nextel will pay any outstanding balance of the Actual Costs due to Incumbent within 30 days after the Reconciliation Date (as “Actual Costs” and “Reconciliation Date” are defined in Section 3(b)(i)). Vendor Payment Terms : Sprint Nextel will pay each Vendor an amount not to exceed the Estimated Cost(s) for that Vendor with respect to each category of work, as set forth below. Sprint Nextel will pay each Vendor within 30 days after receipt by Sprint Nextel of (A) an invoice from the Vendor and (B) Incumbent’s approval of receipt of goods and services and approval of associated costs included on the Vendor invoice. . System Description 1: . Owner operates a two-site Motorola radio communications network with 3 Quantar repeaters each, supporting about 252 (Police, Fire, Public Works, and EMS) users. The sites are interconnected using a microwave link. Both sites are licensed for 8 channels. All 8 channels are located within the current NPSPAC band. All channels are used for voice, and occasionally control channel assignment. The major system elements to be reconfigured are summarized in the table below : Total In System Total Included in FRA Base station frequencies 16 16 - Voice channels 6 6 - Home/Control channels n/a n/a Repeater sites 2 2 Other sites (remote recv, BDA) 0 0 Subscriber units retuned 225 225 Subscriber units reprogrammed 0 0 Subscriber units replaced 27 27 Entities operating on the 3 3 system University Park FRA – Final Exe Page 12 of 22 CONFIDENTIAL . Reconfiguration Milestones 2: Estimated Reconfiguration Task Duration in # of Days Reconfigure Subscriber 90 days Equipment Reconfigure Infrastructure 30 days Equipment Implementation Plan 3.: The attached Implementation Plan and associated deliverables describe the reconfiguration implementation plan resulting from funds expended under the Planning Funding Agreement dated 5/25/06. See attachment. Cost Estimate : 4. Description of Work To Be Performed Payee (separately identify Estimated Cost(s) for Incumbent and each Incumbent and each Vendor being paid for Vendor (Not to exceed work performed) listed amount) I. Subscriber Equipment Reconfiguration a. Subscriber Equipment Reconfiguration 90 (QTY) Portable Radios retuned DFW Communications $3118.50 ($ 34.65 per unit) Bobby Thompson (972)880-2388 32 (QTY) Mobile Radios retuned 2120 Regency Drive $1444.80 ($ 45.15 per unit) Irving, TX 75062 127 (QTY) Mobile Radios retuned City of Carrollton/ACS $5714.00 ($ 45.00 per unit) 1420 S. Hutton Drive Carrollton, TX 75006 Reprogramming related travel (vendor)$250.00 Att: Barry Turner (214) 717-9199 II. Infrastructure Equipment Reconfiguration 6(QTY) Quantar Repeaters retuned DFW Communications $1140.30 ($190.05/repeater) Bobby Thompson (972)880-2388 6(QTY) Duplexers Retuned 2120 Regency Drive $1260.00 ($210/duplexer) Irving, TX 75062 13 of 22 CONFIDENTIAL Modified Back to Back Repeater $1830.00 Installation with Microwave links between 2 sites 20(QTY) hours for Pre and Post testing of $2100.00 site coverage for Back to Back configuration and final configuration ($105/hr) III. Engineering and Verification Project Management: To include administration, negotiations, reports generation, onsite oversight of vendors, meetings with incumbent for execution and monitoring of retune. Prime Consultant 101.6(QTY) hours Prime Consultant at Tusa Consulting Services $11,176.00 $110/hour 909 Poydras Avenue Ste 2150 36.7(QTY) hours Principal Consultant at New Orleans, LA 70112 $4954.30 $135/hour Nick Tusa 504-616-7842 Travel Costs 2880.00 IV. Contracts and Legal a. Legal Fees to Negotiate FRA b.FCC Licensing Work c.Other Legal Fees V. Other Costs: Internal costs for Subscriber reprogramming: PD Officer 68 hours at $36.81/hr City of University Park $2503.08 3800 University Blvd. PD Supervisor 70 hours at $43.88/hr University Park, TX $3071.60 75205 FD Driver/Engineer 33 hours at $29.91/hr Chief David Ledbetter $987.03 FD Lt/Capt 51 hours at $32.19/hr 214-987-5351 $1641.69 FD Firefighter 17 hours at $25.16/hr $427.72 City Hall Clerk 9 hours at $29.83/hr $268.47 14 of 22 CONFIDENTIAL Parks Dept Gardener 30 hours at $32.89/hr $986.70 Sanitation Driver 30 hours at $26.77/hr $803.10 Utility Technician 50 hours at $29.83/hr $1491.50 Engineering Insp 15 hours at $44.53/hr $667.95 Equip Serv Tech 36 hours at $34.73/hr $1250.28 Streets Dept 22 hours at $28.60/hr $629.20 Traffic Maintenance 11 hours at $37.92/hr $417.12 Radio Technician 192 hours at $35.73/hr $6860.16 Total Estimated Costs $57,873.50 Certification Pursuant to the Order, Incumbent hereby certifies to the Transition Administrator appointed pursuant to the Order that the funds requested above are the minimum necessary to provide Incumbent reconfigured facilities comparable to those presently in use. Incumbent further certifies, to the best of Incumbent’s knowledge, that any vendor costs listed on Schedule C are comparable to costs that vendor previously charged Incumbent for similar work. Signature: Print Name: Title: Phone Number: E-mail Date: 15 of 22 SCHEDULE D City of University Park, TX Loaned Reconfiguration Equipment (provided by Nextel) 1) Quantity Manufacturer Description Model Number New/Used 1 Vertex FTL-8011 Programming VPL-1 New Cable 1 Vertex FTL-8011 Programming CE11 New Software ver 1.00 3 Motorola Quantar 800 MHz T5365A Used Replacement Equipment (to be provided by Nextel) 2) Quantity Manufacturer Description Model Number New/Used Replaced Equipment (to be delivered to Nextel prior to Closing) 3) Quantity Manufacturer Description Model Number Motorola Schedule D Equipment (to be provided by Motorola) – Motorola radios, flash- kits and 4) accessories only a) Motorola Subscriber Services will be provided for the following Motorola Schedule D Equipment Quantity Description Radio Encryption Model Number Software b) Motorola Subscriber Services will not be provided for the following Motorola Schedule D Equipment Quantity Description Radio Encryption Model Number Software 27 XTS2500 RBIII Mobile Radio Conventional None XTS2500 RB III Kits (with 2 intrinsically safe batteries) 27 Special Conditions Discount #1 * - - - *Note:Special Conditions Discount #1 signifies that Motorola may require Incumbent to be responsible for paying part of the cost of the radio & options, and that Nextel shall not be liable for any such cost that Incumbent is responsible for. Incumbent is solely responsible for negotiating the amount of any such cost with Motorola. University Park FRA – Final Exe Page 16 of 22 Replaced Equipment (to be delivered to Motorola following receipt of replacement equipment 5) from Motorola) Quantity Description Radio EncryptionMounting Model Number Software 27 Standard Intrinsically Conventional- HX581T Safe Portable (each with antenna and at least one battery) 27 Standard HX581T Rapid - - - - Charger 17 of 22 Exhibit A Incumbent Information The following questions are required for processing Electronic Funds Transfers and if Incumbent wants Nextel to complete the FCC filings on its behalf. All information contained herein shall be kept strictly confidential and will be used only in completion of the Frequency Reconfiguration transaction. I. INCUMBENT INFORMATION Please provide the following information: Company/Name: _______________________________________________ Contact: _________________________ Title: _____________________ Address: ______________________________________________________ City/State/Zip: _________________________________________________ Phone: ____________________________ Fax: ____________________________ If not identified in the contract, please provide the following: If Incumbent is a Partnership, please provide name, address and phone numbers of all other partners: Name: ____________________________ Name: ____________________________ AddressAddress :___________________________ :___________________________ ____________________________ ____________________________ City/State/Zip: ______________________ City/State/Zip: ______________________ Phone:Phone _____________________________ : ______________________ I I. BANK ACCOUNT INFORMATION Required (for payment via electronic funds transfer.) Name of Bank: _____________________________________________________ Address of Bank: _____________________________________________________ City/State/Zip: _______________________________________________________ Bank Phone #: _______________________________________________________ ABA (Routing #): _____________________________________________________ Account #: ___________________________________________________________ Name on Account: _____________________________________________________ Federal, State or Individual SS #: _________________________________________ Name of Brokerage Firm (if applicable): ___________________________________ Brokerage Account # (if applicable): ______________________________________ In the event Incumbent will not provide information for electronic funds transfer, Incumbent acknowledges that all payments made by check will be mailed within thirty (30) days of the date of performance required by Incumbent (for each payment) as stipulated in the Agreement. Acknowledged by Incumbent: _________________________________________________ (signature required only if Incumbent does not want an electronic funds transfer) 18 of 22 III. TAX INFORMATION The Internal Revenue Service and state tax authorities require Nextel to report all transactions, even if the transaction is exempt from taxation (if so, it will be reported to the IRS as a like-kind exchange). Therefore, it is necessary for Nextel to collect the information below. If you have specific questions about your tax implications in this transaction, you should consult your own accountant or financial advisor. Incumbent’s Federal, State or Individual Tax ID #, FEIN (Federal) or SSN (individuals): __________________________________ State(s) – sales tax license, resale permit, employment, etc.): __________________________________ Local (if applicable): __________________________________ Current State and County location for your principal executive office: __________________________________ If there has been more than one location for the principal executive office within the past five (5) years, list each such City/County/State location: __________________________________ __________________________________ IV. REGULATORY INFORMATION Would you like Nextel’s Regulatory department to prepare and file all necessary FCC paperwork on your behalf? Yes / No , If no If yes , please provide the following information Universal Licensing please provide the following regarding who will take care of the preparation and System (“ULS”) information for your licenses: filing of all necessary FCC paperwork on your behalf: FRN (FCC Registration Number): __________________ Contact Name: ULS PASSWORD : _____________________________ Organization: Address: Contact Representative for any FCC related issues : City: Name: _______________________________________ State/Zip: Phone Number: ________________________________ Phone Number: Email Address: 19 of 22 I hereby acknowledge that all of the information provided herein is true and correct as of the date signed below. Incumbent Signature:____________________________ Print Name: ___________________________________ Title: ________________________________________ Date: _______________________________________ 20 of 22 EXHIBIT B Reconciliation Documentation Certification of Labor Incumbent hereby certifies that the information provided is true and accurate to the best of Incumbent's knowledge. Incumbent further certifies that the reimbursed rate/s listed have been determined in accordance with the TA's policy on Incumbent Labor as documented at . The Incumbent acknowledges that all costs incurred and/or charged by the Incumbent are subject to audit and that the Incumbent is prepared to provide to the TA upon request documentation to support all costs incurred and/or charged. The Incumbent also certifies i) the rates charged for the reconfiguration of equipment [complete as appropriate] represents established market based bill rates that the Incumbent currently charges for similar work and ii) the rates charged for other charges such as [complete as appropriate] represents base hourly rates plus reasonable overhead rates. The Incumbent further acknowledges that i) the Incumbent is prepared to provide to the TA with invoices issued by the Incumbent to non-related third-party customers where the Incumbent has charged such market based bill rates for similar work and the Incumbent is prepared to demonstrate that such invoices have been liquidated and ii) the Incumbent is prepared to provide the TA documentation to support the actual base hourly rates and overhead rates charged by the Incumbent. Incumbent Name: _______________________________________________ Related Invoice #’s: _______________________________________________ Signature: ________________________________________________ Name: ________________________________________________ Title: ________________________________________________ Date: ________________________________________________ 21 of 22 Time Sheet Documentation DEAL ID DEAL NAME ActualBenefit Actual Hours Hourly Rate Load $ (if Name Description of Activities $applicable) Total Cost $ Worked Total Certification Incumbent hereby certifies that the information provided above is true and accurate to the best of Incumbent's knowledge. Incumbent further certifies that the reimbursed rate/s listed above have been determined in accordance with the TA's policy on Incumbent Labor as documented at http://www.800ta.org/content/PDF/policy/IncumbentLaborRatePolicy.pdf. The Incumbent acknowledges that all costs incurred and/or charged by the Incumbent are subject to audit and that the Incumbent is prepared to provide to the TA upon request documentation to support all costs incurred and/or charged. The Incumbent also certifies i) the rates charged for the reconfiguration of equipment represents established market based bill rates that the Incumbent currently charges for similar work and ii) the rates charged for other charges represents base hourly rates plus reasonable overhead rates. The Incumbent further acknowledges that i) the Incumbent is prepared to provide to the TA with invoices issued by the Incumbent to non-related third-party customers where the Incumbent has charged such market based bill rates for similar work and the Incumbent is prepared to demonstrate that such invoices have been liquidated and ii) the Incumbent is prepared to provide the TA documentation to support the actual base hourly rates and overhead rates charged by the Incumbent. Signature: Name: ** To be completed in lieu o Incumbent Invoice AND Certification of Labor Rat e Title: Date: 22 of 22 AGENDA MEMO (08/28/07 AGENDA) DATE: 8-23-07 TO: Honorable Mayor and City Council FROM: Steve Mace, Community Information Officer SUBJECT: U.P. Library Content in October 07 Arbor BACKGROUND: In order to update the community on various Library programs and services, U.P. Friends of the Library has asked the City for permission to use pages 3 and 4 of October 07 Arbor. This same arrangement worked seamlessly last year. Matching our font and color scheme, several days before going to press, the group will provide me with print-ready copy and photos. Under this arrangement, the City’s content in the October edition will appear on pages 1 and 2. The November Arborwill return to four pages of City content. Staff recommends approval. ATTACHMENTS: None. AGENDA MEMO (08-28-07 AGENDA) DATE: August 23, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider agreements with Caruth/Preston Road Associates, Ltd. for private uses of the City’s rights-of way within the Plaza at Preston Center. Background. The attached license agreements allow the management of the Plaza at Preston Center to use the City’s right-of-way at two specific locations for improvements at the Taco Diner and at the Café R&D. The Taco Diner proposes to expand the outdoor dining area on the Villanova frontage and construct an arbor above the area. Café R&D proposes to construct a shallow Koi pond near the entrance to their restaurant. Improvements at both locations encroach on the R-O-W, and as with facilities in Snider Plaza, the license agreements establish the parameters by which this would be allowed. The improvements at both locations would include re-routing the public sidewalk in a manner acceptable for ADA compliance. Several parking spaces would be displaced, but the shopping center still exceeds the number of spaces required by the Zoning Ordinance. The City Attorney has reviewed both agreements. Discussion. Staff recommends City Council approval of the proposed license agreements. Attachments. Taco Diner License Agreement Metes and Bounds Description Site Plans and Elevations Café R&D License Agreement Metes and Bounds Description Site Plans and Elevations COMMERCIAL LICENSE AGREEMENT CITY OF UNIVERSITY PARK ****************************************************************************** This License Agreement (the “Agreement”) effective as provided herein (the “Effective Date”), is between the City of University Park, a municipal corporation (the “City”), and Caruth/Preston Road Associates, Ltd., a Texas limited partnership (the “Licensee”). RECITALS: WHEREAS, the Licensee desires to installing and maintaining an outdoor patio and related facilities and equipment (the “Improvements”) in a City right-of-way, easement or property (the “Property”) at the shopping center known as The Plaza at Preston Center in Dallas County, Texas, as more specifically designated on Exhibit “A” attached hereto; and WHEREAS, the City desires to grant Licensee the privilege to place, install, remove and maintain the Improvements on the Property upon the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and Licensee agree as follows: I. GRANT OF LICENSE 1.1 License to Maintain Certain Articles on Property. The City hereby licenses and authorizes the Licensee at all times during the term of this Agreement to place, install, remove, and maintain the Improvements on the Property described in Exhibit “A” attached, subject to the terms and conditions contained in this Agreement. 1.2 Exclusive Use. The Licensee may place, install, and maintain on the Property the Improvements described in Exhibit “B” to be used exclusively for decorative water features. II. CONDITIONS PRECEDENT AND EFFECTIVE DATE 2.1 Prior Plan. With this Agreement, the Licensee hereby submits to the Community Development Manager and the Director of Public Works of the City plans for the placement, arrangement, and installation of the Improvements. 2.2 Review by City. The Community Development Manager or his representative and the Director of Public Works or his representative shall review the plans and make modifications to the plans as they, in their sole discretion, consider reasonably necessary or appropriate for the preservation of the public health, safety, and welfare of the City. 2.3 Approval and Effective Date. This Agreement and the rights and obligations 1 hereunder shall become effective when the last one of either the Community Development Manager or his representative or the Director of Public Works or his representative has approved the plans. The Licensee agrees to place, arrange, or install the Improvements on the Property according to the approved plans. The Licensee shall not place, arrange, or install any articles on the Property before the plans have been approved. The City retains the right to remove any article or all articles placed onto the right-of-way, easement or Property at any time and retains the right to modify or amend the plans at any time after the Effective Date of this Agreement, upon reasonable notice to the Licensee, such notice informing the Licensee of the purpose and reasonableness of the modification(s) or amendment(s). III. INDEMNIFICATION AND INSURANCE 3.1 Liabilities, Losses, or Damages. Licensee agrees to indemnify and save harmless the City from any liability or damages the City may suffer as a result of claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorneys' fees, arising out of the use, maintenance, placement, installation, operation, or removal of the Improvements. 3.2 Period Covered. The indemnity provided by this Agreement will extend from the date of this Agreement to the Termination of this Agreement. 3.3 Expenses, Attorneys' Fees, and Costs. If the City, in the enforcement of Paragraph 2.3 of this Agreement, shall incur necessary expenses, or become obligated to pay attorneys' fees or court costs, the Licensee agrees to reimburse the City promptly for such expenses, attorneys' fees, or costs after receiving notice from the City of the incurring of such expenses, costs, or obligations. . The Licensee agrees to pay the City interest at the rate of Ten 3.4 Interest Percent (10%) per annum on any necessary expenses or costs incurred by the City in the enforcement of Paragraph 2.3 of this agreement, or on any sum that the City is obligated to pay with respect to the matters for which indemnity is given in this Agreement, from the date such expenses or costs are incurred, or such sums are paid. 3.5 Notice of Claim Against. The City agrees to give the Licensee prompt written notice of any claim made against the City on the obligations indemnified by the Licensee hereunder. 3.6 Limitation on Liability. The City and the Licensee agree that the provisions of Article II of this Agreement shall not in any way limit the liability of the Licensee. 3.7 Insurance. The Licensee agrees to carry and maintain insurance during the entire term of this Agreement as follows: A. Commercial General Liability Insurance in amounts not less than those 2 established as maximum recovery limits recoverable against the City under the Texas Civil Practice and Remedies Code, as amended. Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas and shall name the City as additional insured. Certificates evidencing such insurance contracts shall be deposited with the Risk Manager for the City. The policy limits provided in the Agreement shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and Remedies Code. Such certificates shall require thirty (30) days written notice to the City in the event of default by Licensee or termination of any coverage. IV. ASSIGNMENT 4.1 Agreement Not Assignable; Exception. This License is personal to the Licensee and is not assignable, except when Licensee has sold the property to which this License applies, in which case, this License shall pass to the purchaser subject to the same conditions and requirements. Any attempt to assign this License otherwise will terminate the License privileges granted to Licensee under this Agreement. However, Licensee may authorize its tenants to place, install, remove and maintain the Improvements on the Property, and such work may be performed from time to time by employees, agents, and contractors of Licensee and its tenants from time to time, subject, however, to the terms of this Agreement. V. TERMINATION 5.1 Terminable at Will. This Agreement is terminable by either party at will by the giving of thirty (30) days written notice to the other party. VI. GENERAL PROVISIONS 6.1 Governing Law. The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the laws of the State of Texas. Exclusive venue of any action hereon shall lie in Dallas County , Texas 6.2 Amendment. No amendment, supplement, or waiver of this Agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by all parties. 6.3 Waiver. A failure or delay of the City to enforce at any time any of the provisions of this Agreement, or to exercise any option that is provided in this Agreement, or to require at any time performance of any of the provisions of this Agreement, shall in no way be construed to be a waiver of such provision of this Agreement. 3 6.4 Entirety of Agreement. This Agreement constitutes the entire Agreement between the City and the Licensee and supersedes all previous agreements, promises, representations, whether written or oral, between the City and the Licensee with respect to the subject matter of this Agreement. 6.5 Heading. The article and section headings in this Agreement are for convenience only and do not constitute part of this Agreement. 6.6 Sole Benefit. Nothing expressed or referred to in this Agreement is intended or shall be construed to give any person, firm, or entity, other than the City or the Licensee, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provisions in this Agreement. It is the intention of the City and the Licensee that this Agreement, the assumption of obligations and statements of responsibilities herein, and all conditions and provisions of this Agreement are for the sole benefit of the City and the Licensee, and for the benefit of no other person, firm, or entity. 6.7 Notice. Any notices or other communications required or permitted to be given under this Agreement, unless otherwise specifically provided, shall be deemed given, if sent by first-class mail, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. 6.8 Recording. The Licensee must record this License with Dallas County and provide written documentation that such recording has been completed. If to the City: City Manager If to Licensee: Caruth/Preston Road Associates, Ltd. City of University Park 8311 Preston Center Plaza Drive 3800 University Blvd. Dallas, Texas 75225 Box 8005 University Park, TX 75205-0005 With a copy to: With a copy to: Bank of America, Trustee Robert L. Dillard III Trust Real Estate 500 N. Akard, Suite 1800 901 Main Street, 16th Floor Dallas, Texas 75201 Dallas, Texas 75202 Attn: Pamela Spadaro. 4 IN WITNESS WHEREOF , the City and the Licensee, acting through their respective duly authorized representatives have caused this Agreement to be signed in their names and delivered as of the date first above written. This Agreement shall be effective on the last date signed below. CITY OF UNIVERSITY PARK 3800 University Blvd. University Park, TX 75205 By: ___________________________________ Printed Name: Bob Livingston_______ Title: City Manager Date: ___________________________________ CARUTH/PRESTON ROAD ASSOCIATES, LTD. By: Caruth/Preston Road L.L.C., its General Partner By: _________________________________________ Printed Name: Pamela Spadaro Title: Vice President Date: ___________________________________________ 5 ACKNOWLEDGMENTS STATE OF TEXAS ) ) CITY OF DALLAS, TEXAS COUNTY OF DALLAS ) This instrument was acknowledged before me on the _____ day of __________, 2007, by Pamela Spadaro, Vice President of Caruth/Preston Road L.L.C., a Texas limited liability company, acting in its capacity as the general partner of Caruth/Preston Road Associates, Ltd., a Texas limited partnership, on behalf of such limited liability company and limited partnership. Notary Public, State of Texas STATE OF TEXAS ) ) CITY OF UNIVERSITY PARK, TEXAS COUNTY OF DALLAS ) This instrument was acknowledged before me on the _____ day of __________, 2007, by CITY OF UNIVERSITY PARK, TEXAS Bob Livingston, City Manager of the , a home-rule municipal corporation, on behalf of such corporation. Notary Public, State of Texas 6 COMMERCIAL LICENSE AGREEMENT CITY OF UNIVERSITY PARK ****************************************************************************** This License Agreement (the “Agreement”) effective as provided herein (the “Effective Date”), is between the City of University Park, a municipal corporation (the “City”), and Caruth/Preston Road Associates, Ltd., a Texas limited partnership (the “Licensee”). RECITALS: WHEREAS, the Licensee desires to place, install, and maintain decorative water features (the “Improvements”) in a City right-of-way, easement or property (the “Property”) at the shopping center known as The Plaza at Preston Center in Dallas County, Texas, as more specifically designated on Exhibit “A” attached hereto; and WHEREAS, the City desires to grant Licensee the privilege to place, install, remove and maintain the Improvements on the Property upon the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and Licensee agree as follows: I. GRANT OF LICENSE 1.1 License to Maintain Certain Articles on Property. The City hereby licenses and authorizes the Licensee at all times during the term of this Agreement to place, install, remove, and maintain the Improvements on the Property described in Exhibit “A” attached, subject to the terms and conditions contained in this Agreement. 1.2 Exclusive Use. The Licensee may place, install, and maintain on the Property the Improvements described in Exhibit “B” to be used exclusively for decorative water features. II. CONDITIONS PRECEDENT AND EFFECTIVE DATE 2.1 Prior Plan. With this Agreement, the Licensee hereby submits to the Community Development Manager and the Director of Public Works of the City plans for the placement, arrangement, and installation of the Improvements. 2.2 Review by City. The Community Development Manager or his representative and the Director of Public Works or his representative shall review the plans and make modifications to the plans as they, in their sole discretion, consider reasonably necessary or appropriate for the preservation of the public health, safety, and welfare of the City. 2.3 Approval and Effective Date. This Agreement and the rights and obligations 1 hereunder shall become effective when the last one of either the Community Development Manager or his representative or the Director of Public Works or his representative has approved the plans. The Licensee agrees to place, arrange, or install the Improvements on the Property according to the approved plans. The Licensee shall not place, arrange, or install any articles on the Property before the plans have been approved. The City retains the right to remove any article or all articles placed onto the right-of-way, easement or Property at any time and retains the right to modify or amend the plans at any time after the Effective Date of this Agreement, upon reasonable notice to the Licensee, such notice informing the Licensee of the purpose and reasonableness of the modification(s) or amendment(s). III. INDEMNIFICATION AND INSURANCE 3.1 Liabilities, Losses, or Damages. Licensee agrees to indemnify and save harmless the City from any liability or damages the City may suffer as a result of claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorneys' fees, arising out of the use, maintenance, placement, installation, operation, or removal of the Improvements. 3.2 Period Covered. The indemnity provided by this Agreement will extend from the date of this Agreement to the Termination of this Agreement. 3.3 Expenses, Attorneys' Fees, and Costs. If the City, in the enforcement of Paragraph 2.3 of this Agreement, shall incur necessary expenses, or become obligated to pay attorneys' fees or court costs, the Licensee agrees to reimburse the City promptly for such expenses, attorneys' fees, or costs after receiving notice from the City of the incurring of such expenses, costs, or obligations. . The Licensee agrees to pay the City interest at the rate of Ten 3.4 Interest Percent (10%) per annum on any necessary expenses or costs incurred by the City in the enforcement of Paragraph 2.3 of this agreement, or on any sum that the City is obligated to pay with respect to the matters for which indemnity is given in this Agreement, from the date such expenses or costs are incurred, or such sums are paid. 3.5 Notice of Claim Against. The City agrees to give the Licensee prompt written notice of any claim made against the City on the obligations indemnified by the Licensee hereunder. 3.6 Limitation on Liability. The City and the Licensee agree that the provisions of Article II of this Agreement shall not in any way limit the liability of the Licensee. 3.7 Insurance. The Licensee agrees to carry and maintain insurance during the entire term of this Agreement as follows: A. Commercial General Liability Insurance in amounts not less than those 2 established as maximum recovery limits recoverable against the City under the Texas Civil Practice and Remedies Code, as amended. Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas and shall name the City as additional insured. Certificates evidencing such insurance contracts shall be deposited with the Risk Manager for the City. The policy limits provided in the Agreement shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and Remedies Code. Such certificates shall require thirty (30) days written notice to the City in the event of default by Licensee or termination of any coverage. IV. ASSIGNMENT 4.1 Agreement Not Assignable; Exception. This License is personal to the Licensee and is not assignable, except when Licensee has sold the property to which this License applies, in which case, this License shall pass to the purchaser subject to the same conditions and requirements. Any attempt to assign this License otherwise will terminate the License privileges granted to Licensee under this Agreement. However, Licensee may authorize its tenants to place, install, remove and maintain the Improvements on the Property, and such work may be performed from time to time by employees, agents, and contractors of Licensee and its tenants from time to time, subject, however, to the terms of this Agreement. V. TERMINATION 5.1 Terminable at Will. This Agreement is terminable by either party at will by the giving of thirty (30) days written notice to the other party. VI. GENERAL PROVISIONS 6.1 Governing Law. The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the laws of the State of Texas. Exclusive venue of any action hereon shall lie in Dallas County , Texas 6.2 Amendment. No amendment, supplement, or waiver of this Agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by all parties. 6.3 Waiver. A failure or delay of the City to enforce at any time any of the provisions of this Agreement, or to exercise any option that is provided in this Agreement, or to require at any time performance of any of the provisions of this Agreement, shall in no way be construed to be a waiver of such provision of this Agreement. 3 6.4 Entirety of Agreement. This Agreement constitutes the entire Agreement between the City and the Licensee and supersedes all previous agreements, promises, representations, whether written or oral, between the City and the Licensee with respect to the subject matter of this Agreement. 6.5 Heading. The article and section headings in this Agreement are for convenience only and do not constitute part of this Agreement. 6.6 Sole Benefit. Nothing expressed or referred to in this Agreement is intended or shall be construed to give any person, firm, or entity, other than the City or the Licensee, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provisions in this Agreement. It is the intention of the City and the Licensee that this Agreement, the assumption of obligations and statements of responsibilities herein, and all conditions and provisions of this Agreement are for the sole benefit of the City and the Licensee, and for the benefit of no other person, firm, or entity. 6.7 Notice. Any notices or other communications required or permitted to be given under this Agreement, unless otherwise specifically provided, shall be deemed given, if sent by first-class mail, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. 6.8 Recording. The Licensee must record this License with Dallas County and provide written documentation that such recording has been completed. If to the City: City Manager If to Licensee: Caruth/Preston Road Associates, Ltd. City of University Park 8311 Preston Center Plaza Drive 3800 University Blvd. Dallas, Texas 75225 Box 8005 University Park, TX 75205-0005 With a copy to: With a copy to: Bank of America, Trustee Robert L. Dillard III Trust Real Estate 500 N. Akard, Suite 1800 901 Main Street, 16th Floor Dallas, Texas 75201 Dallas, Texas 75202 Attn: Pamela Spadaro. 4 IN WITNESS WHEREOF , the City and the Licensee, acting through their respective duly authorized representatives have caused this Agreement to be signed in their names and delivered as of the date first above written. This Agreement shall be effective on the last date signed below. CITY OF UNIVERSITY PARK 3800 University Blvd. University Park, TX 75205 By: ___________________________________ Printed Name: Bob Livingston_______ Title: City Manager Date: ___________________________________ CARUTH/PRESTON ROAD ASSOCIATES, LTD. By: Caruth/Preston Road L.L.C., its General Partner By: _________________________________________ Printed Name: Pamela Spadaro Title: Vice President Date: ___________________________________________ 5 ACKNOWLEDGMENTS STATE OF TEXAS ) ) CITY OF DALLAS, TEXAS COUNTY OF DALLAS ) This instrument was acknowledged before me on the _____ day of __________, 2007, by Pamela Spadaro, Vice President of Caruth/Preston Road L.L.C., a Texas limited liability company, acting in its capacity as the general partner of Caruth/Preston Road Associates, Ltd., a Texas limited partnership, on behalf of such limited liability company and limited partnership. Notary Public, State of Texas STATE OF TEXAS ) ) CITY OF UNIVERSITY PARK, TEXAS COUNTY OF DALLAS ) This instrument was acknowledged before me on the _____ day of __________, 2007, by CITY OF UNIVERSITY PARK, TEXAS Bob Livingston, City Manager of the , a home-rule municipal corporation, on behalf of such corporation. Notary Public, State of Texas 6 AGENDA MEMO (08/28/07 AGENDA) DATE: August 9, 2007 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Max-A-Million Carriage Rides ITEM: Consideration of a Resolution authorizing Max-A-Million to operate horse-drawn carriage rides through University Park during the Christmas holiday season, or between Thanksgiving and Christmas 2007. This is a business venture and riders will be charged a fee. These are the same horse-drawn carriage rides offered in Snider Plaza the last few years. It is recommended that Max-A-Million Carriages be allowed to set up the two additional signs this year in Snider Plaza that were allowed in the last two previous years at the points where customers will board the carriages. These two signs are to be set up and taken down at the beginning and end of each day of operation. It is also recommended that Max-A-Million be allowed to operate Wednesday through Sunday. RECOMMENDATION: Staff recommends approval of this request as a license allowing this request sets forth certain conditions, i.e., a $500.00 fee with $300.00 to be refunded if all conditions are met; cleaning of storage spaces and other areas affected by the horses; a design or plan for the use of the parking spaces to be approved by the Chief of Police; an indemnity clause; and a one million dollar public liability insurance policy with a Certificate of Insurance. ATTACHMENTS: Copy of License Agreement LICENSE AGREEMENT This License Agreement (this "Agreement"), between the City of University Park, Texas, a municipal corporation organized as a home rule city under the statutes of the State of Texas, and Dana Pendergraph d/b/a Max-a-Million Carriage ("Licensee"), is executed on the ____ day of August 2007, to be effective as herein stated. I. Licensee is in the business of furnishing horse-drawn carriage rides for a fee during holiday periods. By approving this license, the City Council authorizes the use of the public streets of the City for such purpose during the period between Thanksgiving and Christmas, 2007, subject to the approval of all routes, equipment, lighting, and safety markings of the carriages by the Chief of Police. II. Licensee also desires to use four on-street parking spaces on the south curb side of the 3500 block of Lovers Lane, adjacent to the swimming pool, for the parking of carriages and equipment for its carriage ride operation, the exact spaces to be used being subject to designation by the Chief of Police III. The City Council of the City of University Park finds that it will serve the public purpose to grant, and it does hereby grant, the Licensee a revocable license to use the parking spaces described herein between Thanksgiving and Christmas, 2007, under the conditions as herein set out. In consideration of such license, Licensee agrees to pay the City a license fee of $500. If Licensee meets the conditions of the Agreement and the requirements of the Chief, and cleans up the area at the end of the term hereof to the satisfaction of the City Manager, $300 of the fee will be refunded IV. Within thirty (30) days of the execution of this Agreement, the Licensee shall submit to the Chief of Police of the City of University Park a plan for the arrangement and design of the use of the parking spaces. The Chief shall, if he finds such plan to be appropriate, approve the plan and notify Licensee of such approval. If he shall suggest amendments or changes to the plan, then he will have the authority to do so and cause such amendments to be made as will satisfy him in his sole judgment. V. 66355 It is specifically required that at no time during the term of this license will Licensee allow the use of the parking spaces or the public streets of the City for its operations to interfere with or create a hazard to pedestrians or vehicles using Lovers Lane and the adjacent sidewalks. or any other public streets or public property of the City. VI. Licensee agree to indemnify and save harmless the City of University Park from any liability or damages the City may suffer as a result of claims, demands, suits, judgments, costs, or expenses, including expenses of litigation and attorneys, fees arising out of the use, maintenance, or operation of the Licensee’s carriage rides, either in the parking spaces or on the public streets and other property of the City. VII. The City of University Park agrees to give Licensee written notice of any claim made against the City of University Park on the obligations indemnified herein. VIII. The Licensee agrees to carry and maintain public liability insurance in the face amount of not less than One Million Dollars, with a company or companies authorized to conduct business in the State of Texas. The City and its officers, agents, and employees will be named as additional insureds in such policy or policies. Licensee will furnish proof of insurance, including a copy of the policy or policies and a Certificate of Insurance, to the Risk Manager of the City. The Certificate will provide that the City be given notice by the insurer within ten days if such policy is cancelled or terminated for any reason. IX. This License may be terminated by either party, provided that if the City of University Park shall undertake to terminate and cancel this License, at least thirty (30) days' written notice will be given to Licensee. X. Miscellaneous A. This license shall not be assignable by Licensee. B. This Agreement shall be performable only in University Park, Texas. C. This Agreement shall be governed by the laws of the State of Texas, and venue of any action to enforce or construe the same shall lie exclusively in Dallas County, Texas. 66355 D.This is the entire agreement of the parties with respect to the subject matter and shall supercede any prior agreement, written or oral, with respect thereto. E.This Agreement may be amended only by writing signed by both parties. F. This Agreement has been duly authorized by the City Council of the City of University Park, Texas, and the City Manager has been directed to sign the same on behalf of the City. IN WITNESS WHEREOF, the parties have executed this document in duplicate originals, this the ____ day of August 2007. CITY OF UNIVERSITY PARK 3800 University Boulevard Box 8005 Dallas, Texas 75205-0005 By: __________________________ Bob Livingston, City Manager MAX-A-MILLION CARRIAGE By:_____________________ Dana Pendergraph 66355 66355 AGENDA MEMO (8/28/07 AGENDA) DATE: August 22, 2007 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Interlocal Contract with the Harris County Department of Education for Cooperative Purchasing Attached is an interlocal contract with the Harris County Department of Education (HCDE). Approval of this contract would facilitate participation in HCDE’s contracts. Specifically, HCDE has a contract with Nouveau Construction and Technology Services for Job Order Contracting (JOC). The Facilities Maintenance Division has expressed interest in using JOC for some routine maintenance projects. Some examples are maintenance of electrical fixtures, paint, and drywall projects. This type of cooperative purchasing is allowed through the Interlocal Cooperation Act (VTCA Government Code, Chapter 791). We have participated in similar arrangements with Tarrant County, the City of Richardson, the City of Waco, and several other purchasing cooperatives. Also attached is a Nouveau Construction and Technology Services brochure explaining JOC. RECOMMENDATION: Staff recommends authorizing the City Manager to execute the attached interlocal contract with HCDE for cooperative purchasing. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Municipality Master Service Interlocal Contract Between Harris County Department of Education & City of University Park Pursuant to the Interlocal Cooperation Act, chapter 791 of the Texas Government Code, this Interlocal Contract (“Contract”) is made and entered into by and between the Harris County Department of Education (“HCDE”), located in Houston, Texas, and City of University Park, Texas (“City”) for the purpose of providing governmental services. Preamble HCDE is a local governmental entity established to promote education in Harris County, Texas and is also duly authorized to provide services in the State of Texas. City is duly authorized to provide governmental services within the State of Texas. Both HCDE and City desire to set forth in writing the terms and conditions of this agreement. General Terms and Conditions In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, which fairly compensates the performing party for the services or functions performed, the parties intending to be legally bound agree as follows: 1.Purpose. City agrees to retain HCDE and HCDE agrees to provide purchasing services to the City and to perform the duties and provide all the necessary labor and resources to provide the services set forth in each independent contractual agreement within the HCDE divisions in which the City wishes to participate. HCDE shall perform such contractual governmental services and duties with reasonable care, skill, judgment, experience, and in a professional business-like manner. 2.Term. This Contract is effective from 2007 and shall be automatically renewed from year to year unless either party gives thirty (30) days’ prior written notice of non-renewal. This agreement may be terminated by either party with or without cause with thirty (30) days’ written notice. 3.Agreement. The terms of this Contract shall apply and will be considered a part of any Addenda for services delivered by HCDE. This Contract and the attached and incorporated Addenda, purchase orders, or exhibits, if any, contain the entire contract of the parties and there are no representations, agreements, arrangements, or undertakings, oral or written, between the parties to this Contract other than those set forth in this Contract and duly executed in writing. City Master Service Interlocal Contract Page 1 of 4 4.Scope of Work. A. HCDE agrees to: Provide City with subsequent independent addenda and/or descriptive offerings of each of the programs that HCDE offers through its respective divisions. Provide services upon the submission of independent addenda or purchase orders within the HCDE divisions. Conduct, as a minimum, an annual audit or survey, as appropriate, for each of the programs. Assist in the marketing efforts of HCDE programs with City constituents, as applicable. B. City agrees to: Participate in any or all of the services that HCDE has to offer. Submit independent addenda for each of the programs it wishes to purchase from or collaborate in. Follow the terms and conditions of each independent addendum or purchase order for each of the programs. Assign the appropriate person to act as representative to each respective program delivered. Assist in the joint marketing of programs being delivered, if opportunity arises. 5.Payment. HCDE anticipates it will receive payment for services rendered in an amount sufficient to cover the costs of services under each independent addendum with HCDE divisions. Notwithstanding anything to the contrary in this Contract, this Contract is contingent upon HCDE receiving payment. In the event HCDEdoes not receive those payments from City and/or contractors, HCDE may terminate this Contract or reduce the scope of work provided under this Contract without pecuniary risk or penalty, at its sole discretion. Payment requirements will be described in each separate addendum in this contract. 6.Confidentiality.HCDE agrees that all knowledge and information that HCDE may receive from City, its employees, or by virtue of the performance of services under and pursuant to this agreement; and all information provided by HCDE to City in reports of work done, together with any other information acquired or gained by HCDE, shall for all time and for all purposes be regarded by HCDE as strictly confidential and shall be held by HCDE in confidence, and solely for the benefit and use of City, and shall not be used by HCDE directly or indirectly except with written permission from City or as required by law. 7.Assignment. Neither this Contract nor any duties or obligations entered in subsequent addenda because of this agreement shall be assignable by either party without the prior written acknowledgment and authorization of both parties. 8.Conflict of Interest. During the Term of HCDE’s service to City, City shall not, directly or indirectly, whether for City’s own account or with any other person or entity whatsoever, employ, solicit or endeavor to entice away any person who is employed by HCDE without agreement from HCDE. City Master Service Interlocal Contract Page 2 of 4 9.Contract Amendment. This Contract may be amended only by the mutual agreement of all parties in writing to be attached to and incorporated into this Contract. 10.Notice. Any notice provided under the terms of this Contract by either party to the other certified mail, return receipt requested shall be in writing and shall be sent by . Notice to shall be sufficient if made or addressed as follows: HCDE CITY OF UNIVERSITY PARK, TEXAS County Department of Education Attn: John E. Sawyer, Ed.D. Attn: Christine Green County School Superintendent Title:Purchasing Manager 6300 Irvington Blvd. Address 1: 3800 University Blvd. Houston, Texas 77022 University Park, Texas 75205 11.Relation of Parties. It is the intention of the parties that City be independent of HCDE and not an employee, agent, joint venturer, or partner of HCDE and nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer or partner, between HCDE and City or HCDE and any of City’s agents or employees. 12.Hold Harmless. City shall protect and hold harmless HCDE from any and all, loss, claims, assessments, suits in law or in equity, expenses, attorney’s fees, and damages arising from City’s actual or alleged infringement of any United States or foreign patent, trademark or copyright in connection with this Contract to the extent permitted by law. 13.Non-Exclusivity of Services. Nothing in this Contract may be construed to imply that HCDE has exclusive right to provide City these services. During the Term of Contract, City reserves the right to use all available resources to procure other governmental services as needed and, in doing so, will not violate any rights of HCDE. 14.Termination. In addition to the rights contained in Article 2. Term above, this Contract may be terminated prior to the expiration of the Term hereof as follows: By City upon 30 days’ notice if the work/service is not provided in a satisfactory and proper manner after a remedy has been reported and discussed; By mutual written agreement of the parties, upon thirty (30) days’ prior notice; or By either party immediately if the other party commits a material breach any of the terms of this Contract and no remedial action can be agreed upon by the parties. Master Contract. This Contract can be utilized as the Master Contract. This means that HCDE and City may enter into one or more agreements in the future by signing Addenda for services with various HCDE divisions. The general terms and conditions contained in this Contract will serve to outline the working relationship between HCDE and City. The specific terms and conditions of the addenda will govern that individual contract. In the case of a conflict between the master contract and any addenda, the provisions of the addenda will rule. All current contracts shall be grandfathered and shall remain in effect until the end of their contract period or until they come up for renewal. City Master Service Interlocal Contract Page 3 of 4 16. Severability. In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Contract shall be construed as if such invalid, illegality, or unenforceable provision had never been contained in it. 17. Governing Law and Venue. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Contract shall be in Harris County, Texas. 18.Authorization. Each party acknowledges that the governing body of each party to the Contract has authorized this Contract. 19.Benefit for Signatory Parties Only. Neither this Contract, nor any term or provisions hereof, not any inclusion by reference, shall be construed as being for the benefit of any party not in signatory hereto. 20.Payment from Current Revenues. Any payment required to be made by City, shall be in accordance with Texas Government Code 791.011. In witness whereof, HCDE and City have executed this Contract to be effective on the date specified in Article 2 Term above. City of University Park, Texas Harris County Department of Education Bob LivingstonJohn E. Sawyer, Ed.D. City ManagerCounty School Superintendent City Master Service Interlocal Contract Page 4 of 4 Harris County Department of Education School District Master Interlocal Addendum No. 1 to Interlocal Agreement with the City of University Park, Texas- Choice Facility Partners Preamble The Harris County Department of Education Choice Facility Partners Division (“HCDE/Choice Facility Partners”) makes available via Interlocal Contract these Job Order Contracts (“JOC”) to the City of University Park (“CITY”). The purpose of this Addendum is to state the specific terms and conditions under which HCDE/Choice Facility Partners will provide JOC services via its JOC contractors, services such as modular buildings, professional services and/or third-party testing services to the CITY. Specific Terms and Conditions 1.Term. This Addendum is effective from , 2007 and shall automatically renew unless either party gives thirty (30) days’ prior written notice of non-renewal. This Addendum may be terminated by either party with or without cause with thirty (30) days’ written notice. 2.Scope of Work. HCDE/Choice Facility Partners agrees to: Provide copies of contractor agreements for those contractors in the CITY service area. Provide the CITY any re-bids or changes in the contract and annual contract renewals. Conduct, as a minimum, an annual audit for each of the contractors. CITY agrees to: Agree to follow the terms and conditions of the HCDE/Choice Facility Partners contracts. Remit payments in a timely manner to contractors for services rendered, as per the terms of HCDE contracts with contractors. 3.Amendment. This Addendum may be amended only by the mutual agreement of both parties in writing and attached to and incorporated in this Addendum. 4.Assignment. Neither this Addendum nor any duties of obligations under it shall be assignable by either party without prior written acknowledgement and authorization of the other party. 1 of 2 19357 5.Notice. Any notice provided under the terms of this Addendum by either party to certified mail, return receipt the other shall be in writing and may be affected by requested . Notice shall be sufficient if made or addressed follows: Harris County Department of Education Attn: John E. Sawyer, Ed.D. County School Superintendent 6300 Irvington Boulevard Houston, Texas 77022 Attention: City Manager City of University Park 3800 University Blvd. University Park, Texas 75205 Each party may change the address at which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Article. 6.Representatives. For HCDE/ Choice Facility Partners For CITY Dean Zajicek NAME:Christine Green Director, Choice Facility Partners TITLE: Purchasing Manager 6300 Irvington Boulevard ADDRESS: 3800 university Blvd. Houston, Texas 77022 University Park, Texas 75205 Phone: 713-696-8208 PHONE: 214-363-1644 email: EMAIL: Benefit for signatory parties only. Neither this Addendum, nor any term or provisions hereof, not any inclusion by reference, shall be construed as being for the benefit of any part not a signatory hereto. 7.Severability. In the event that any one or more of the provisions contained in this Addendum shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Addendum shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. Agreed to on this _______ day of ________________, 2007 __________________________________ _____________________________ CITY AUTHORIZED SIGNATURE HCDE AUTHORIZED SIGNATURE 2 of 2 19357 AGENDA MEMO (8/28/07 AGENDA) DATE: August 22, 2007 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Interlocal Agreement with the City of Fort Worth and Cooperative Purchasing of Fuel The City’s annual contract with Petroleum Traders (Bid #05-15, June 2005) for the st purchase of fuel recently expired on July 31. The City of Fort Worth has existing cooperative contracts for the purchase of gasoline and diesel fuel. Fort Worth achieved lower mark-ups on their contracts due to the high volume of fuel purchased annually and aggregating the purchases of other Metroplex agencies in their contract. Attached is a list of other participating agencies. Fuel is priced based on a mark-up or mark-down from the daily average wholesale fuel prices for the Dallas/Fort Worth area as published by the Oil Price Information Service (OPIS). Attached is a chart comparing Fort Worth’s contract prices to our previous contract prices with Petroleum Traders. I used today’s OPIS prices to calculate what the City would pay. Last year, the City spent $316,165.16 in fuel. RECOMMENDATION: Staff recommends: 1.Approval of the Cooperative Purchasing Interlocal Agreement with the City of Fort Worth (copy attached); and 2.Approval to purchase fuel via the City of Fort Worth’s contracts for Gasoline (Bid No. 04-0234) and Diesel (Bid No. 03-0316). 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 AGENCIES PURCHASING FUEL VIA CITY OF FORT WORTH CONTRACTS as of August 2007 City of Fort Worth City of Arlington Tarrant County Colleges City of Flower Mound City of North Richland Hills City of Richardson City of Carrollton City of Duncanville City of Kennedale Crowley I.S.D. Ponder I.S.D. City of Lewisville City of Grapevine City of Southlake University of Texas at Dallas City of Watauga City of Coppell City of Keller City of Haltom City City of Plano City of Garland City of Grand Prairie Tarrant County Hood County The following entities are in the process of approving interlocal agreements to participate in the contracts: Johnson County University of Texas at Arlington Fort Worth & ____Name____ Cooperative Purchasing Interlocal Agreement CITY SECRETARY CONTRACT NO. ____________ COOPERATIVE PURCHASING INTERLOCAL AGREEMENT This Cooperative Purchasing Interlocal Agreement (“Agreement”) is made and entered into as of the date written below between the City of University Park, Texas (“University Park”) and the City of Fort Worth, Texas (“Fort Worth”). WHEREAS , both University Park and Fort Worth have each determined a need for a cooperative agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchasing; and WHEREAS , University Park and the Fort Worth are authorized by Section 271.102 of the Local Government Code to pursue mutually beneficial and cooperative purchasing programs; NOW, THEREFORE , for and in consideration of the mutual obligations and benefits contained herein, University Park and City of Fort Worth agree as follows: SECTION 1 . The purpose of this Agreement is to provide University Park and Fort Worth with additional purchasing options by satisfying the provisions of Section 271.102 of the Local Government Code. SECTION 2 . The parties agree that each of the parties shall respectively designate a person to act under the direction of, and on behalf of, the designating party (the “Designated Representative”). SECTION 3 . At the request of the other party, a party that enters into a contract with a vendor for goods or services (the “First Purchasing Party”) shall attempt to obtain the vendor’s agreement to offer those goods and services to the other party (the “Second Purchasing Party”) for the same price and on the same terms and conditions as have been offered to the First Purchasing Party. If the vendor so agrees, and if the Second Purchasing Party is agreeable to such terms and conditions, the Second Purchasing Party may enter into its own separate contract with the vendor for the purchase of such goods or services. SECTION 4 . Unless otherwise agreed between the Designated Representatives, payments for a purchase made by the Second Purchasing Party shall be paid directly to the vendor and not to the First Purchasing Party. The Second Purchasing Party shall have the responsibility of determining whether the vendor has complied with any provisions in its contract with the vendor, including but not limited to those relating to the quality of items and terms of delivery, and shall be responsible for enforcement of its contract against the vendor, including all costs of enforcement. Page 1 of 3 Fort Worth & ____Name____ Cooperative Purchasing Interlocal Agreement SECTION 5 . This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations. SECTION 6 . This Agreement may be terminated by either party, without cause or penalty, upon not less than thirty days’ written notice to the other party. SECTION 7. The parties acknowledge that each party and, if it has so chosen, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. SECTION 8. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas – Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. SECTION 9 . If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, the parties shall endeavor to agree to a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. SECTION 10 . Execution of this Agreement does not obligate University Park or Fort Worth to make any purchase, to pay any membership fee or to otherwise or in any manner incur any cost or obligation. SECTION 11 . This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. SECTION 12. The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. SECTION 13. All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, to the respective city representative set out below, or his/her designee. Page 2 of 3 Fort Worth & ____Name____ Cooperative Purchasing Interlocal Agreement EXECUTED this ____________ day of ________________________ 2007. CITY OF FORT WORTH CITY OF UNIVERSITY PARK 1000 Throckmorton 3800 University Blvd. Fort Worth, Texas 76102 University Park, Texas 75205 City Manager’s Office: ___________________________ BY: _________________________ Karen Montgomery Assistant City Manager CITY MANAGER City Secretary’s Office: ATTEST: _________________________ __________________________ Marty Hendrix City Secretary TITLE: City Secretary DATE ______________________ DATE ______________________ Approved as to Form and Legality City Attorney’s Office: ___________________________ ___________________________ Amy Ramsey City Attorney Assistant City Attorney Page 3 of 3 AGENDA MEMO (08/28/2007 AGENDA) DATE: August 22, 2007 TO: Honorable Mayor and City Council FROM: Kent R. Austin, Director of Finance SUBJECT: Adoption of 2007 certified property appraisal roll Background/Analysis Each year by July 25 the Dallas Central Appraisal District (DCAD) provides the City with the certified tax roll. The roll is a list of all property parcels in the city and their associated market and taxable values. The total taxable value then becomes the basis for the City to set its property tax rate for the upcoming budget year. Official adoption of the tax roll occurs by Council resolution. This year’s taxable value is $5,444,836,544, a 13.3% increase from last year’s value of $4,804,267,737. Total market value rose 17.7% to $7,510,495,590. Of the $1.13 billion increase in market value, over $186 million is from new construction, compared with $136 million from the year before. While the average single-family home value increased 15.9% from $918,583 to $1,064,621, the taxable value increase is capped at 10% per year. Recommendation Staff recommends approval of the attached appraisal roll resolution. Attachment: Resolution adopting 2007 property appraisal roll RESOLUTION NO. ________________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE 2007 APPRAISAL ROLL OF THE DALLAS CENTRAL APPRAISAL DISTRICT FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City’s assessor and collector of taxes has submitted to the City Council the 2007 tax appraisal roll compiled by the Dallas Central Appraisal District; and WHEREAS , the City Council is of the opinion that the 2007 appraisal roll should be approved and adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1 . That the 2007 appraisal roll for the City of University Park, as presented by the Dallas Central Appraisal District, be, and the same is hereby, approved and adopted in all respects showing a total appraised property value of $7,510,495,590, new property added to the tax roll of a taxable value of $186,560,308, and a total taxable value of property, after exemptions, for 2007 of $5,444,836,544. SECTION 2 . This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of ____________, 2007. APPROVED : __________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: __________________________________ __________________________________ CITY ATTORNEYKATE SMITH, CITY SECRETARY 49776 MINUTES #2715 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER – CITY HALL MODULAR BUILDING TUESDAY, AUGUST 7, 2007, 5:15 P.M. Mayor James H. Holmes, III, convened the City Council into an executive session in the conference room at 3:00 p.m. for consultation with the City Attorney regarding a deliberation on real property under Section 551.071 of the Government Code. The executive session was closed at 3:43 p.m. No action was voted on or taken during the meeting. At 3:45 p.m., the Council held a discussion on the Chase Bank Project. Community Development Manager Harry Persaud reviewed the latest revised draft of the PD Conditions for the project. Property owner Albert Huddleston was also in attendance. No action was voted on or taken during the meeting. Mayor Holmes opened the regular City Council Meeting at 5:15 p.m. in the Council Chamber in the City Hall Modular Building. Present were Mayor Pro Tempore Harry Shawver and Councilmembers Syd Carter, and Jerry Grable. Councilmember Kelly Walker was absent and excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Kate Smith. AWARDS AND RECOGNITION DEPARTMENT PINS: City Manager Bob Livingston presented Police Officer Victor Velasquez with a 25-year pin and Maintenance Technician II David Nixon with a 20-year pin. PROCLAMATION: Mayor Holmes issued and read a proclamation for Constitution Week, September 17-23, 2007. EMPLOYEE RECONGNITION: Director of Information Services Jim Criswell presented Employee Recognition certificates to Network Administrator Jason McCallum, Web Master/Help Desk Technician Ken Irvin, Communications Supervisor Denise Rencher and Lieutenant Keith Burks for their work on movement of the 9-1-1 Emergency Dispatch Center to the Peek Service Center as part of the City Hall renovation project. RECOGNITION OF BOY SCOUTS: Boy Scout Price Peters, 3905 Centenary, introduced himself and announced the badge upon which he was working. Councilmember Shawver moved approval of the Consent Agenda. Councilmember Grable seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER APPROVAL OF BID #07-05, SCBA COMPRESSOR FOR FIRE DEPARTMENT: The air compressor is used to fill the fire fighter’s self-contained breathing apparatus air bottles with purified air used in fighting fires and entering into contaminated atmospheres unsuitable for life. There were three competitive bids received. Hoyt Breathing Air Products was the low bidder in the amount of $36,883.00, less $4,000.00 trade-in for the old unit, $32,883.00. The new unit will replace the current unit which was purchased in 1995. CONSIDER APPROVAL OF BID #07-06, FIRE DEPARTMENT PROTECTIVE CLOTHING: Fire Department protective clothing was placed for competitive bidding with three vendors submitting proposals. The proposals were for 15 full sets of protective clothing consisting of pants, coats and suspenders. The three bids are as follows: Lion Apparel, $28,046.25; NAFECO, $27,472.50; Tactical Gear Now, $26,108.40. Although Tactical Gear Now was $1,364.10 lower than NAFECO, the Fire Department recommends that NAFECO be awarded the bid. NAFECO met the specifications and Tactical Gear Now made exceptions to the specifications. In addition, in an informal wear test the fire fighters preferred the product offered by NAFECO because of the comfort level and safety features offered by the NAFECO product. CONSIDER CITY MANAGER TO SIGN AIR MONITORING AGREEMENT WITH TCEQ: The Texas Commission on Environmental Quality (TCEQ) requested to locate and operate a continuous air monitoring station located at the Northwest Highway water tower by a signed agreement by the City Manager as part of the Department of Homeland Security Bio Watch program. The function of the Bio Watch Program is to detect the release of bio-pathogens into the air, providing warning to the government and public health community of a potential bio- terror event. The site will be located at the rear of the water tower. TCEQ will pour a 10’ X 10’ concrete pad and enclose the site with a decorative vinyl chain link cage for security purposes. TCEQ will also supply electricity to the air monitoring equipment by having a separate electric meter installed at the site. There is no cost to the City for the installation of the equipment or responsibility to monitor the site. CONSIDER CITY MANAGER TO SIGN TEXAS DEPARTMENT OF PUBLIC SAFETY MEMORANDUM OF UNDERSTANDING FOR THE USE OF STATE INTEROPERABLE RADIO FREQUENCIES: The North Central Texas Council of Governments is requesting all cities to sign a Memorandum of Understanding with the Texas Department of Public Safety to utilize the state-licensed interoperability of mutual-aid radio channels when used by: local government jurisdictions and their associated emergency response agencies; Federal agencies located in Texas and associated emergency response agencies; and private emergency responders who are licensed and eligible to operate on FCC Designated Public Safety Frequencies. The Texas of Department of Public Safety holds the FCC licenses for the interoperability channels. The City of University Park Police and Fire Departments are part of the interoperability network therefore the City Manager signing the Memorandum of Understanding (MOU) allows the departments to operate under the FCC license during emergency conditions. CONSIDER PARK CITIES BAPTIST CHURCH REQUEST TO USE CITY STREETS FOR 5K RUN: Park Cities Baptist Church has requested permission to use city streets for the purpose of holding a 5K run to be held on Saturday, October 6, 2007. The purpose of the run is to familiarize the community about the Church and to help raise funds for family ministries benefiting the Vickery community of Dallas. The run will begin at 8:30 a.m. and end at approximately 10:30 a.m. There will be an estimated 200 to 300 runners. CONSIDER RESERVATION REQUEST FROM THE PARK CITIES PRESBYTERIAN CHURCH: The Park Cities Presbyterian Church has requested to reserve Curtis Park for a picnic event on September 30, 2007 from 3:00 p.m. until 7:00 p.m. The Church anticipates 450 participants to be in attendance. Staff has worked with this group in the past and to date has had no problems. Staff recommends that The Park Cities Presbyterian Church pay a Park Usage Fee of $500.00, plus a refundable $250.00 security deposit. Deposit must be received two (2) weeks prior to the event. All trash must be consolidated for pick-up at an agreed location. CONSIDER ORDINANCE FOR NEWSRACK REGULATIONS AT YMCA: In May 2005, the City passed Ordinance 05/12 regulating the type and location of newsracks throughout Snider Plaza. Subsequently, the City installed modular newsracks in seven locations throughout Snider Plaza. The program was later expanded to include three additional locations along Hillcrest, south of Daniel. During the May 22, 2007 City Council meeting, the Council authorized staff to purchase modular newsracks for the YMCA location. The ordinance prohibits the use of independent newsracks in the area adjacent to the YMCA at 6000 Preston. ORDINANCE NO. 07/22 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.1205 “LOCATION AND PLACEMENT OF NEWS RACKS” TO ADD SUBSECTION M PROHIBITING NEWS RACKS IN THE YMCA AREA EXCEPT CITY NEWS RACKS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER RESOLUTION RESENDING RESOLUTION 07-10 APPROVING AN EXEMPTION FROM THE BILINGUAL REQUIREMENTS OF THE TEXAS ELECTION CODE: At the May 1, 2007 meeting, the City Council passed Resolution 07-10 approving an exception from the bilingual requirements of the Texas Election Code, Chapter 272, Bilingual Requirements, Section 272.003[0], as the official census information for the City of University Park indicates that persons of Spanish origin or descent comprise less than five percent (5%) of the city’s precinct inhabitants. In May, a letter was sent to the Department of Justice to officially apply for the exemption. In July, staff was informed that the Department had reviewed the City’s request, and that Federal Law does not provide for such an exemption, even though Texas State Law does. Since the Department of Justice is not approving exemptions from the bilingual requirements because Federal Law does not provide for such an exemption, staff recommended resending Resolution 07-10 and submission of a withdraw letter to the Department of Justice. RESOLUTION NO. 07-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, REPEALING RESOLUTION 07-10 APPROVING EXEMPTION FROM THE BILINGUAL REQUIREMENTS OF THE TEXAS ELECTION CODE FOR PRECINCTS OR PARTS OF PRECINCTS WHOLLY WITHIN THE CITY OF UNIVERSITY PARK; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE ABANDONING WATER LINE EASEMENT IN THE 3600 AND 3700 BLOCKS OF VILLANOVA: In 1952, W.W. Caruth and SMU dedicated a 15-foot wide water line easement to the Dallas County Preston Road Fresh Water Supply District No. 10. This easement runs through the middle of the properties on the north side of Villanova approximately between Thackery and Baltimore. The Water Supply District No. 10 is no longer in existence and we are not aware of any existing entities that have taken possession of the District’s infrastructure. The City is not aware of an active water line within this easement. Staff recommended approval of the ordinance abandoning any rights the City Of University Park might have to the water line easement dedicated to the Dallas County Preston Road Fresh Water Supply District No. 10 to the abutting property owners. ORDINANCE NO. 07/23 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A 15 FOOT EASEMENT OR RIGHT-OF-WAY FOR A WATER LINE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, TO THE ABUTTING OWNERS; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For July 3, 2007. MAIN AGENDA PUBLIC HEARING: CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 40 TO PROVIDE A NEW DEFINITION OF FAMILY; AMENDING SECTION 22-101 (2) (A) TO PROVIDE FOR A MAXIMUM HEIGHT OF BUILDINGS IN MULTIPLE-FAMILY DWELLING DISTRICTS; AMENDING SECTION 21-101 (B) TO PROVIDE A NEW MAXIMUM TOP PLATE LINE HEIGHT IN MULTIPLE-FAMILY DWELLING DISTRICTS: Mr. Dan Sefko addressed the City Council on June 5, 2007 on issues relating to the definition of Family, maximum building height and maximum plate line heights in the multi-family districts. City Council provided direction for staff to proceed to amend the Zoning ordinance. The proposed ordinance deals with three separate issues. 1) The current definition of Family provides that any number of individuals living together as a single house keeping unit, in which not more than two individuals are unrelated by blood marriage or adoption. The proposed ordinance amendment will change the definition so that “not more than three (3) individuals are unrelated by blood, marriage, or adoption”. 2) The current ordinance provides for a maximum building height of 35 feet in multi-family dwelling districts. In an effort to promote parking below grade, the proposed ordinance will increase the maximum building height to 37 feet. 3) The current ordinance provides for a maximum plate line height of 23’4” for lot widths less than 70’ and 25’4” for lot widths 70’or greater. In an effort to enhance the design of buildings and promote parking below grade, the proposed ordinance will increase the maximum plate line heights by 5 feet. The Planning and Zoning Commission held a public hearing and considered the proposed ordinance on July 16, 2007, and forwarded the following recommendations: 1) Amend the definition of Family: P&Z voted 3-2 to deny the proposed amendment to change the definition of "Family" from two to three unrelated individuals. The comment was made that the current definition to include "not more than two individuals unrelated by blood, marriage or adoption" should remain in the single family districts but may be changed as it relates to multi-family districts. 2) Amend the maximum building height in the MF districts: P&Z voted 5 – 0 to recommend approval. 3) Amend the maximum plate line heights: P&Z voted 5 – 0 to recommend approval. Mr. San Sefko made a presentation regarding his recommendations. Prior to opening the Public Hearing, Mayor Holmes stated that in the Council Meeting pre-session, the Council discussed this item and would like to send the portion of the ordinance with respect to the definition of Family, back to the Planning and Zoning Commission for further review. Mayor Holmes opened the Public Hearing and stated that the definition of Family would not be addressed at this time. Mr. Don Gale, 3712 Binkely, spoke in favor of the Ordinance stating that it was a good compromise and would allow a better bedroom on the third floor. Mr. Frank McIntyre, 3439 Westminster, spoke in support of the amendments. Mr. Michael Corman, 3100 Milton, spoke in opposition to changing the definition of Family and stated there was no parking for the people who currently live there. Mayor Holmes noted that this portion of the ordinance was going back to P&Z and that Community Development Manager Harry Persaud would notify him when that meeting would take place. A Citizen spoke in favor of strict enforcement of the current definition of Family and requested that the City enforce retroactive to June 1. He also asked the City Council if the new plate-line and height standards would be effective for all new developments, or only those with underground parking. Community Development Manager Harry Persaud indicated that distinction was not indicated in the ordinance as currently proposed but could be added. After some discussion, the Council agreed that if the new plate-line and height standards were used, underground parking must be provided. If underground parking was not provided, the existing standards would be used. Mr. Richard Wards, a resident living on Westminster, indicated that 3 students had moved into a single-family home on this street and that he was in support of the existing definition of family. Ms. Lillian Sills, 3228 Westminster, and Kitty Holleman, 3939 Marquette, spoke in opposition to changing the definition of Family. Mayor Holmes closed the Public Hearing. Mr. Mike Haynes, 4024 Marquette, spoke in opposition to changing the current definition of Family and increasing occupancy standards. He stated that more than two (2) unrelated individuals living together is a problem all over the Park Cities, not only adjacent to SMU. CONSIDER ORDINANCE TO AMEND THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 40 TO PROVIDE A NEW DEFINITION OF FAMILY; AMENDING SECTION 22-101 (2) (A) TO PROVIDE FOR A MAXIMUM HEIGHT OF BUILDINGS IN MULTIPLE-FAMILY DWELLING DISTRICTS; AMENDING SECTION 21- 101 (B) TO PROVIDE A NEW MAXIMUM TOP PLATE LINE HEIGHT IN MULTIPLE- FAMILY DWELLING DISTRICTS: Mayor Pro-Tempore Shawver moved approval of the following sections of the ordinance: (a) provide for a maximum height of buildings in multiple- family dwelling districts; amending section 21-101 (b) to provide a new maximum top plate line height in multiple-family dwelling districts, including an amendment to only apply the new standards where underground parking is provided. Councilmember Grable seconded, and the vote was unanimous to approve the ordinance to (a) provide for a maximum height of buildings in multiple-family dwelling districts; amending section 21-101 (b) to provide a new maximum top plate line height in multiple-family dwelling districts and including the amendment. ORDINANCE NO. 07-24 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 22-101 (2) (a) TO PROVIDE FOR A MAXIMUM HEIGHT OF BUILDINGS IN MULTIPLE-FAMILY DWELLING DISTRICTS THAT PROVIDE UNDERGROUND PARKING; AMENDING SECTION 21-101 (b) TO PROVIDE A NEW MAXIMUM TOP PLATE LINE HEIGHT IN MULTIPLE-FAMILY DWELLING DISTRICTS THAT PROVIDE UNDERGROUND PARKING; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING: CONSIDERATION OF AN ORDINANCE APPROVING AN AMENDED DETAILED SITE PLAN FOR PROPERTY LOCATED AT 4301 LOVERS LANE: A request was filed by Century Bank for approval of an amended detailed site plan for a proposed banking facility with drive thru lanes located at 4301 Lovers Lane and situated in Planned Development District “PD-2-R”. Planned Development District “PD-2-R’ allows for all uses permitted in the General Retail “GR” Zoning District classification in accordance with the Comprehensive Zoning Ordinance. “Drive-in facilities for a bank or savings and loan” is a permitted use in the General Retail district. The subject site measures 120.5 ft by 100 ft and it is situated on the Southwest Corner of Lovers Lane and Douglas Avenue. Century Bank is proposing to demolish the existing building now used by Gordo’s Restaurant and to erect a new 3,051 sq. ft. building with drive-thru lanes. A traffic impact analysis conducted by the applicants show minimal impacts to the current traffic operating levels of service. The Planning and Zoning Commission held a public hearing and considered the amended detailed site plan at its regular meeting on July 16, 2007, and voted 5 – 0 to recommend approval. Mayor Holmes opened the Public Hearing. Mr. Rod Kelly, representing Century Bank presented the site plan. Mayor Holmes stated there was some concern about the queing from the drive-thru on Lovers Lane. Mr. Kelly indicated that the traffic impact analysis study indicated this would not be a problem. Mayor Holmes closed the Public Hearing. CONSIDER ORDINANCE APPROVING AN AMENDED DETAILED SITE PLAN FOR PROPERTY LOCATED AT 4301 LOVERS LANE: Councilmember Grable moved approval of the ordinance approving an amended detailed site plan for the property located at 4301 Lovers Lane. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance approving an amended detailed site plan for the property located at 4301 Lovers Lane. ORDINANCE NO. 07/25 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, BY APPROVING AN AMENDED SITE PLAN FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT NO. 2-R FOR THE PROPERTY DESCRIBED AS THE EASTERN 35 FEET OF LOT 16, AND ALL OF LOT 17, BLOCK 19, OF THE HIGHLAND PARK HIGH SCHOOL ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 4301 LOVERS LANE; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPROVAL OF ORDINANCE AUTHORIZING RESIDENTS OF GREENWAY PARK THE SAME USAGE RIGHTS OF RESIDENTS OF UNIVERSITY PARK: The City of University Park purchased Germany Park from the Greenway Park Home Owners Association for $118,151 in 1973. A letter from Dick P. Wood indicated that the City would agree to a condition in the deed that would allow residents of Greenway Park to use the park and its facilities, however, the condition was not included. Mr. Joe Kern approached the City Manager to see if this could be corrected. Staff reviewed the letter with the City Attorney, and it was determined that the only thing a resident of Greenway Park could not do was reserve a tennis court in the Park. Germany Park is a public park and because of this, all of its facilities are open to the public. The ordinance amends the City Code to allow Greenway Park homeowners to obtain tennis court permits for Germany Park. Mayor Holmes moved approval of the ordinance authorizing residents of Greenway Park the same usage rights of residents of University Park. Councilmember Grable seconded, and the vote was unanimous to approve the ordinance authorizing residents of Greenway Park the same usage rights of residents of University Park. ORDINANCE NO. 07/26 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING SECTION 13.204 TO PERMIT ISSUANCE OF TENNIS PERMITS TO RESIDENTS OF GREENWAY PARKS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PROPOSAL FROM C-P ENGINEERING TO PROVIDE ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN OF AN EMERGENCY WATER SUPPLY LINE (CAPITAL PROJECT NO. 49000): As a project ancillary to the reconstruction of the Germany Park Booster Pumping Station, staff solicited a proposal from C-P Engineering to provide engineering services for the design of an emergency water main. The proposed 24” main would connect to the Dallas Water Utilities (DWU) 36” main in Mockingbird Lane and run north along Roland (just east of the tollway wall) to the south end of Germany Park, where it would intersect with the supply main from Dallas County Park Cities Municipal Utilities District (MUD). The intersection of water mains is located immediately west of the site for the new pumping station. The purpose of the emergency main is to supply University Park with water if the MUD is not able to do so. The new booster pumping station is designed to take water from either source. The C&P proposal in the amount of $89,290 provides all engineering and surveying services necessary to develop construction drawings, specifications, and contract documents for the project. Mayor Pro-Tempore moved approval of the contract with C&P Engineering in the amount of $89,290, adding an amendment to paragraph 6.3 that the city has full control over the scope of services to be rendered, but not the details of the work. Councilmember Carter seconded, and the vote was unanimous to approve the contract with C&P Engineering, including the amendment to the contract. REPORT PUBLIC COMMENTS ON WATER QUALITY CONSUMER CONFIDENCE: Each year, municipal water providers are required to mail Consumer Confidence Reports (CCR) to every residence within the community detailing contaminant levels in the potable water system. The City meets and/or exceeds all regulatory standards for contaminant levels revealed through water testing samples in 2006. State regulations also require the water provider to offer residents rd an opportunity to ask questions in open forum regarding the CCR. During the July 3, City th Council meeting, there were no public comments made. Since the July 17 City Council meeting was cancelled, this date serves as the final opportunity to provide input during a City Council meeting. There were no residents present who wished to speak on the report. CONSIDER ORDINANCE ESTABLISHING NO PARKING ON EITHER SIDE OF THE STREET ON LOVERS LANE FROM HILLCREST TO BOEDEKER: Pursuant to the action taken by the City Council to install a continuous left-turn lane along Lovers Lane, east from Hillcrest to Boedeker, the ordinance provides for a no parking designation along both north and south curb lines along those same limits. Staff has also contacted the City of Dallas with a request to receive their concurrence on the installation of a continuous left-turn lane and request no parking east of Boedeker to Willard. The matter is still under review with the City of Dallas. Councilmember Grable moved approval of the ordinance establishing no parking on either side of the street on Lovers Lane from Hillcrest to Boedeker. Mayor Pro-Tempore Shawver seconded, and the vote was unanimous to approve the ordinance establishing no parking on either side of the street on Lovers Lane from Hillcrest to Boedeker. ORDINANCE NO. 07/27 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING AT ANY TIME ON BOTH SIDES OF LOVERS LANE FROM ITS INTERSECTION WITH BOEDEKER TO ITS INTERSECTION WITH HILLCREST; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER REVIEW STATUS OF GERMANY PARK BOOSTER PUMPING STATION (CAPITAL PROJECT NO. 48410): For the past six months staff has been working with the architectural advisory committee appointed by Council to make recommendations on aesthetic issues associated with the Germany Park Booster Pumping Station. Two of the three committee members attended a recent meeting and expressed complete satisfaction with the process and the results. Ms. Bell, who was not able to attend the meeting, sent some questions, which were addressed at the meeting. Councilmember Carter moved approval to proceed with final design of the booster pump station and landscape and park improvement plans. Councilmember Grable seconded, and the vote was unanimous to proceed with final design of the booster pump station and landscape and park improvement plans. CONSIDER ORDINANCE EXTENDING EXISTING ELECTRIC FRANCHISE: The City’s franchise agreement with Oncor Electric Delivery (Ordinance No. 77/322, approved October 10, 1977) expired July 19, 2007. City staff and Oncor representatives have begun discussing a new franchise agreement, which will include input from the City’s Public Utilities Advisory Committee. Both City staff and Oncor officials agree on the prudence of continuing to abide by the existing ordinance. Staff hopes to conclude the renewal process by the end of 2007 and the extension would remain in effect until a new agreement is reached. Councilmember Shawver moved approval of the ordinance extending the existing electric franchise. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance extending the existing electric franchise. ORDINANCE NO. 07/28 AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. 77/322, AS AMENDED BY ORDINANCE NO. 02/22, OF THE CITY COUNCIL OF UNIVERSITY PARK, GRANTING A FRANCHISE TO ONCOR ELECTRIC DELIVERY COMPANY, A SUCCESSOR IN INTEREST TO TXU ELECTRIC DELIVERY; AND PROVIDING AN EFFECTIVE DATE CONSIDER ORDINANCE AMENDING FY2007 BUDGET: The proposed ordinance would amend the FY2007 General Fund revenue and expenditure budgets for a variety of special items. This is the third amendment to the FY2007 budget. The proposed budget amendment will reduce the General Fund unreserved fund balance by $4,711,721. The projected FY2007 ending fund balance of $8 million is still well above the 2 ½ month minimum fund balance requirement of $4.03 million. Councilmember Grable moved approval of the ordinance amending the FY2007 Budget. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance amending the FY2007 Budget. ORDINANCE NO. 07/29 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2006-2007 FISCAL YEAR BUDGET, ORDINANCE NO. 06-27, TO APPROPRIATE $4,711,721 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING REVENUES $6,489 AND BY INCREASING EXPENDITURES $4,718,210; AND PROVIDING AN EFFECTIVE DATE. CONSIDER BUDGET TRANSMITTAL AND SCHEDULING OF PUBLIC HEARINGS: BACKGROUND/DISCUSSION: Texas statutes require that cities provide notice and hold public hearings before adopting an annual budget and property tax rate. State law requires that a budget hearing be held no sooner than 15 days after the proposed budget is filed with the municipal clerk. Using August 7 as the filing date, a hearing August 28 meets this requirement. A second budget hearing is scheduled for the September 4 Council meeting; and a third hearing will occur at the September 18 meeting, when the Council acts upon the proposed budget and tax rate. The property tax is the General Fund’s primary source of revenue. The certified tax roll rose 17.71% in market value and 13.33% in taxable value compared to last year. The average single-family home in University has a market value of $1,064,621 and a taxable value of $811,928. Cities proposing an effective tax increase greater than the prior year must hold two separate public hearings about the tax rate. The City Council should schedule public hearings on the property tax rate for August 28 and September 4, 2007. Mayor Holmes moved to schedule the budget and property tax rate hearings for August 28 and September 4, 2007. Mayor Pro- Tempore seconded, and the vote was unanimous to schedule the budget and property tax rate hearings for August 28 and September 4, 2007. ITEMS FROM THE FLOOR Ms. Mary Graves, 6716 Hursey, addressed the Council on the occupancy standards and SMU student situation. She proposed two items. 1) Create a liaison to work with SMU and 2) Consider working more with law enforcement. Mayor Holmes thanked her for her suggestions. There being no further business, the meeting was adjourned. st PASSED AND APPROVED this 28 day of August 2007. James H. Holmes, III, Mayor ATTEST: Kate Smith, City Secretary AGENDA MEMO (08/28/2007 AGENDA) August 22, 2007 DATE: Honorable Mayor and City Council TO: Kent R. Austin, Director of Finance FROM: Budget and tax rate public hearings at 8/28/2007 meeting SUBJECT: BACKGROUND/DISCUSSION Texas statutes require that cities provide notice and hold public hearings before adopting an annual budget and property tax rate. Proposed FY2008 budget State law requires that a budget hearing be held no sooner than 15 days after the proposed budget is filed with the municipal clerk. Using August 7 as the filing date, a hearing August 28 meets this requirement. A second budget hearing is scheduled for the September 4 Council meeting; and a third hearing will occur at the September 18 meeting, when the Council acts upon the proposed budget and tax rate. The proposed FY08 budget of $39.577 million is 4.48% larger than the adopted FY07 budget of $37.879 million. The proposed budget includes a tax rate decrease, rate increases for water, sewer, and sanitation services, and $5.163 million in capital project funding. The Finance Advisory Committee met August 16 to review the proposed budget. Although a quorum (six members) was not present, the five attending Committee members recommended approval of the proposed budget. They made two other recommendations: 1) that the three- officer traffic enforcement unit be approved; and 2) that the City?s percentage contribution to the firefighter retirement fund not exceed the percentage contribution to the Texas Municipal Retirement System. Two other Advisory Committees ? Employee Benefits and Property/Causality/Liability Insurance ? will meet soon. More detailed information about the budget is included in the attached August 7 memo from the City Manager and supporting line item detail. Proposed property tax rate The property tax is the General Fund?s primary source of revenue. The proposed FY08 rate is $0.26836, an 8.32% reduction from last year?s adopted rate of $0.29272. The certified taxable property base rose 13.3%. The proposed budget would collect $548,385 more in current property taxes than last year, a 3.9% increase. Thus it is correct to say that the City is both cutting the tax rate and raising taxes. Due to the intricacies of the official effective tax rate (ETR) calculation, the proposed $0.26836 rate that will raise 3.9% more tax revenue represents an effective tax increase of only 1%. The ETR is significant because it drives the notice and hearing requirements a city must meet per the Texas Truth-in-Taxation law. Cities proposing an effective tax increase greater than the prior year must hold two separate public hearings about the tax rate. The Dallas County Tax Assessor-Collector performs the effective tax rate calculation. Notice of the ETR is occurring in the August 16 and 23 editions of the Park Cities News, as is notice of the upcoming hearings. The ETR?s purpose is to identify the tax rate that produces the same revenue dollars this year as last year. Instead of using the new 2007 certified tax roll ($5.444 billion) as the base, the ETR calculation considers only those properties that were on the tax roll one year ago, after adjustment for changes in exemptions, values under protest, and court-ordered reductions. The resulting tax base number is known as the ?2007 Adjusted Taxable Value? and omits the $192 million added by new construction in University Park this year. This new construction makes up 17% of the $1.13 billion increase in the certified taxable value. At the same time, the taxes levied one year ago are also adjusted for refunds and are known as the ?Adjusted 2006 taxes with refunds.? Dividing this figure ($13.28 million) by the adjusted tax base ($4.677 billion) produces an effective tax rate of $0.26569/$100. Comparing the new proposed tax rate of $0.26836 against the ETR yields an effective tax increase of 1%. While the average single-family home, with a market value of $1.064 million, would pay $2,286 in City property taxes, the existing 10% appraisal cap reduces the tax bill for residents who owned their home last year. The proposed 8.32% tax rate reduction combined with the 10% appraised value increase results in a tax bill of $2,169, only $18 more than last year. RECOMMENDATION At the public hearing on August 28, the City Council should invite comment on the proposed tax rate of $0.26836. A second hearing is scheduled for September 4. Adoption of the budget and tax rate may is scheduled for the September 18 meeting. ATTACHMENT: City Manager?s budget memo of 8/7/2007 AGENDA MEMO (08/28/2007 AGENDA v3) DATE: August 23, 2007 TO: Honorable Mayor and Members of the City Council FROM: Bob Livingston, City Manager SUBJECT: Presentation of the City Manager’s Proposed FY 2008 Budget INTRODUCTION This memo presents the City Manager’s proposed budget for Fiscal Year 2008 (FY08, or October 1, 2007 – September 30, 2008). Highlights of the proposed $39.5 million budget include: th A reduction in the City’s property tax rate for the 13 consecutive year. The proposed tax rate of 26.836 cents is 8.3% lower than last year’s rate of 29.272 cents per $100 taxable value. Balanced General, Utility, and Sanitation Fund budgets. The first utility rate increases in five years – 8% for water and sewer service. A 10% increase is also proposed for sanitation. Continued investment in automation and effective use of technology. Dedicated three-man police traffic enforcement unit. Over $5.1 million in pay-as-you-go capital project funding, up 3% from last year. The continuing cost increases from the City’s water and wastewater treatment providers are the main driver for the water and sewer increases. In some years, increased water or wastewater sales offsets the effect of the increases, but after five years of no change at the retail level, the City’s rates must be adjusted to keep the fund balanced. The fixed nature of sanitation revenues also means that annual cost increases cannot be absorbed indefinitely. The table below provides a comparison of total expenditures for the City’s three budgeted funds – General, Utility, and Sanitation. Three other funds – Capital Projects, Equipment Services, and Self-Insurance – are not included in the formal budget, because their revenues come from line-items in the three budgeted funds. A summary page showing the proposed budget by fund and department is attached, as is a worksheet detailing the property tax impact of the proposed FY08 budget. Total Budgeted Expenditures FY2006FY2007FY2008DollarPercent FundAdopted Budget Adopted Budget Proposed Budget ChangeChange General $22,150,141 $24,187,449 $25,418,917$1,231,467 5.1% Utility 10,001,679 11,032,45911,300,488268,029 2.4% Sanitation 2,649,308 2,659,8602,857,928198,068 7.4% Total $34,801,128 $37,879,768 $39,577,333$1,697,564 4.5% By comparison, over the past year, the Consumer Price Index - All Urban Consumers (CPI) for Dallas-Fort Worth increased 1% and the Municipal Price Index, which more closely tracks services and goods a municipality purchases, increased 3.7%. CITYWIDE ISSUES The major increases can be traced directly to three expenditure categories, which together account for over 73% of the increase in the FY08 budget. The impact of these three categories is shown below: Expenditure category Increase in General Fund Increase in All Funds Personnel costs 1,058,000 1,433,000 Fuel and equipment 128,000 151,000 Capital projects contributions 88,000 150,000 Totals$1,274,000 $1,734,000 Personnel costs Salaries and benefits make up 56% ($22.2 million) of the total budget, and they comprise 86% of the General Fund’s increase. New positions -- Police traffic enforcement unit, $265,903 In response to continuing complaints about speeding and traffic violations, I am proposing to add three full-time police patrol positions in FY2008. The three-officer team would work traffic exclusively. This will allow enforcement to be directed to problem areas without spreading the regular patrol operation too thinly. While there should be some offsetting fine revenue, estimated at $96,000, ultimately the team’s purpose is increased safety on UP streets. If approved as proposed, the number of full-time employees will be 245, still below the 247 employed in the early 1990’s. Excluding the civil engineer position in the Capital Projects Fund, which is not part of the operating budget, the number of full-time budgeted funds is 244. Salary changes Non-public safety positions The proposed budget includes market-based raises of 4% depending upon position. The Hay Group compensation study, which identifies salary levels for all employees except police and fire, recommends salary adjustments over the entire range by position. The study is a systematic review of pay in both private and government jobs of comparable complexity, skill, and education. I recommend that the increases be approved to keep our salaries competitive with other employers. Public safety positions The FY2008 budget also includes increases of 4% for most employees, and 6% for some specific supervisory positions. This recommendation is based on comparisons with a group of North Texas cities that includes Addison, Garland, Dallas, Arlington, Plano, and Richardson. This increase serves to keep us competitive with other agencies. We continue to enjoy a very low employee turnover rate, which is in part an indicator that our salaries and benefits are competitive with other area cities and private employers. Just as reported last year, maintaining a competitive salary and benefits plan is essential for retaining and recruiting quality employees. Benefit changes Employee health insurance Health insurance costs continue to challenge us. Paid claims for the period from July 2006 to June 2007 totaled $2.3 million, compared with $1.6 million during the prior twelve month period. While some of this increase was due to some catastrophic claims, an increase of 10%, or $268,000, is included in health insurance premiums for FY2008. This compares to last year’s 14.25% citywide for health insurance. Health insurance, along with other benefit proposals, will be reviewed by the Employee Benefits Advisory Committee after the budget is transmitted from the City Council. Retirement costs The employer contribution for the City’s retirement plan is almost level, dropping at 14.87% to 14.86%. Because of the three proposed new positions and recommended salary increases, however, retirement costs are projected to rise $86,000, or 4.9% more than in FY2007. No changes to the retirement plan’s benefits are included or proposed at this time. The employer contribution rate is set by TMRS (Texas Municipal Retirement System) and is driven by factors such as employee turnover and tenure. TMRS is structured like a defined contribution plan, wherein employee contributions, interest credits, and an employer match combine to produce an amount that is annuitized at retirement. As a result, TMRS is not experiencing the financial difficulties faced by many defined benefit pension funds, both public and private. Firefighter pension fund issue University Park Fire Department personnel are the only City employees who are not members of TMRS. They belong to a separate system that is governed by a local board made up of three firefighters, two local residents, and two City staff members. The FRRF is structured as a defined benefit plan and is currently underfunded on an actuarial basis. After extensive study and discussion over the last two years, the fire personnel considered converting their plan to TMRS. Due to the lower projected retirement benefits at an eligibility age of 50 years, most fire personnel voted against the conversion. City staff and the FRRF Board are now awaiting the results of the 12/31/2006 actuarial valuation, which will recommended any changes needed to retain the FRRF’s actuarial soundness. The valuation may include a recommendation to increase contributions to the plan. The decision whether this increase comes from the City, the employees, or a combination of each will require special consideration by the Council. The Finance Advisory Committee has recommended that the City contribution percentage to FRRF not exceed the City contribution to TMRS Fuel/equipment costs The continued rise in gasoline and other fuels is well known. Although the City has three underground tanks for gasoline and diesel, as well as a propane tank, even bulk purchases cannot offset the sharp increases. The proposed budget includes a 17% ($57,000) increase in fuel purchases, from $344,000 to $402,000 citywide. The City budgets for equipment replacement by purchasing vehicles in the Equipment Services Fund and then charging an annual contribution back to the operating departments. This levels the impact on the annual budget. For FY08, equipment replacement contributions will total $552,000, up only $7,700 from last year. Finally, maintenance costs are budgeted to increase 6% ($57,000) to $974,000. This represents the cost of operating the City’s garage and warehouse and is primarily personnel driven. Capital project contributions The FY08 budget continues the City’s successful practice of funding its capital projects on a pay-as-you-go rather than debt basis. As predicted last year, FY07 has seen the largest expenditure for capital projects in the City’s history, approximately $17 million. The scheduled $3.0 million contribution from the General Fund and $2.1 million from the Utility Funds is a 3% increase over FY2007. These amounts are included in the Transfers Departments in the General and Utility Funds. The budgeted transfers and other sources help fund the City’s Capital Improvements Program (CIP), so that in a given year the amount of project expenditure may be sharply higher or lower than the annual budgeted contribution. In FY2008, for example, the proposed project list exceeds the annual contribution but still leaves a positive balance in the Capital Projects Fund. The Capital Projects Review Committee met with City staff to propose the following project list for FY2008. Any subsequent changes to the FY2008 CIP must first be reviewed by the Committee before being considered by the City Council. These outlays will be made from the City’s Capital Projects Fund and will not directly impact the FY08 budget. DISCUSSION OF TAXES AND UTILITY RATES GENERAL FUND Revenue considerations This year’s proposed budget again includes major adjustments to the City’s key non-property tax revenue projections. The projected sales tax amount, $3.4 million, is an 11% increase over FY07’s $3.1 million. The projection is based on actual monthly sales tax revenues following the reallocation project undertaken in 2005. Interest revenues are also projected to rise, from $600,000 to $630,000 in FY08. Short-term interest rates have remained above 5.2% for the past year. Building permit revenues are expected to continue at their current levels, which already greatly exceed the budgeted amount. Overall, non-property tax General Fund revenues are projected to grow by about 10%. Tax rate decrease The City’s total certified taxable value rose by 13.3% compared to last year. The FY08 budget proposes to reduce the tax rate from $0.29272 to $0.26836 per $100 taxable value, a rate reduction of 8.32%. The table below compares this year with the past three: Property tax rate comparison, FY2005 – FY2008 AdoptedAdoptedAdoptedProposed Tax purpose FY05FY06FY07FY08 Op. & Maint. 0.32539 0.309580.292720.26836 Debt Service 0.00000 0.000000.000000.00000 Total Tax Rate $0.32539 $0.30958$0.29272$0.26836 For FY08, the market value of the average single-family home in University Park is $1,064,621, The proposed tax rate results in a 3.9% a 15.9% increase from last year’s $918,583. increase in the tax levy itself. The owner of an average home with a homestead exemption whose value did not increase in assessed value this year would pay $179 less in City taxes compared to FY07. As shown below, the owner of a home whose value increased by the citywide average would pay $134 more in City property taxes – just $11 a month. Property tax levy comparison, FY2005 – FY2008 AdoptedAdoptedAdoptedProposed FY05FY06FY07FY08 Assessed Value (Market) $737,035$816,423$918,583$1,064,621 Less 20% Hmstd Exmp (147,407)(163,285)(183,717)(212,924) Taxable Value $589,628$653,138$734,866$851,697 Tax Rate per $100 $0.32539$0.30958$0.29272$0.268836 City Tax Levy $1,918.59$2,021.96$2,151.12$2,285.59 Over the period FY05 to FY08, while the average single-family home in University Park increased 44% in market value, the City tax levy increased 18%. Of the three taxing jurisdictions within the city’s boundaries – the City, Dallas County, and HPISD -- the City portion comprises only about 20% of a resident’s total tax bill. The impact of the existing 10% appraisal cap is worth noting this year. Residents with a homestead exemption who owned their home last year will have an average City tax bill of $2,169 instead of $2,286, an increase of $18 instead of $134. UTILITY FUND After five years without a rate increase, staff is proposing 8% increase to the City’s water and sewer rates. This will allow the City to continue funding capital projects, like the systematic replacement of water and sewer lines, maintain the existing distribution and collection systems, and maintain adequate fund balances. The City’s policy is to maintain fund balance equivalent to at least three months of operating expenditures. Below is a table of proposed rates: Current Proposed Water base rate $8.65 $9.34 Water per 1,000 gals $2.47 $2.67 Conservation$0.68 $0.73 surcharge Sewer base rate $16.95 $18.31 Sewer per !,000 gals. $2.54 $2.74 SANITATION FUND Unlike the General and Utility Funds, Sanitation Fund revenues only increase if rates are raised or the number of serviced locations increases. In prior years, the Fund routinely expended less than its budget, which allowed it to finish the year with a positive balance. The Fund is finished FY06 with a positive balance and will finish FY07 just above break-even. Consistent with past years, however, the Sanitation Budget contains a $100,000 placeholder (labeled “Disposal Fees Contingency” in the line-item budget), which is intended to allow accumulation of reserves toward future landfill needs. To maintain a positive contribution toward the fund’s reserves and keep up with rising costs, the following 10% rate changes are proposed: Current Proposed Residential $17.50 $19.25 Recycling $2.90 $3.19 Total $20.40 $22.44 CONCLUSION The proposed budget is now ready for review by the Employee Benefits, Finance, and Insurance Advisory Committees. Staff has scheduled the necessary public hearings and begun publishing the official notices, according to the State Truth in Taxation law. Staff proposes the following schedule for the FY2008 budget’s adoption: Date Day Description August 7 Tuesday Submit proposed budget to City Council; vote to hold public hearing re: proposed tax rate and budget August 16 Thursday First public hearing notice appears in Park Cities News August 23 Thursday Second public hearing notice appears in News August 28 Tuesday Receive staff briefing on proposed budget Hold first public hearing re: proposed tax rate and budget; September 4 Tuesday Hold second public hearing re: proposed tax rate September 13 Thursday Notice of vote to adopt tax rate appears in News September 18 Tuesday Approve ordinances adopting budget, tax rate, salary plan October 1 Sunday New budget takes effect Staff looks forward to meeting with the City Council and advisory committees to discuss the budget in more detail. We will be happy to provide any additional information that will be helpful during your consideration. CITY OF UNIVERSITY PARK, TEXAS FY2008 PROPOSED BUDGET TEXAS LOCAL GOVERNMENT CODE REQUIREMENTS -- 1 OF 2 CHAPTER 102: MUNICIPAL BUDGET SECTION 003 ITEMIZED BUDGET; CONTENTS (a) Provide a comparison of expenditures in the See attached proposed budget and actual expenditures for the page. preceding year. (b) Budget must contain a complete financial statement of the municipality that shows: GeneralUtilitySanitationTotal Outstanding obligations of the municipality (1) (7/31/2007): Accounts Payable97,211 156,753 13,037 267,002 Debt-- -- Total97,211$ 156,753$ 13,037$ 267,002$ Cash on hand to the credit of each fund (2) (7/31/07): Cash(19,383) - - (19,383) TexPool50,271 400,375 236,339 686,985 TexStar838,777 1,406,801 124,191 2,369,768 TexasDaily525,592- 525,592- Total1,395,257$ 1,807,176$ 360,530$ 3,562,962$ Funds received from all sources during the (3) preceding year (FY06) $23,518,05811,466,228$ 2,540,410$ 37,524,696$ Funds available from all sources during the (4) ensuing year (FY07) Beginning of year fund balances: 5,870,41611,050,394 655,550 17,576,360 smae revenues Etitd24,500,00010,400,000 37,436,2352,536,235 Total funds available from all sources35,550,394$ 16,270,416$ 3,191,785$ 55,012,595$ Estimated revenue available to cover the (5) proposed budget: $25,420,793$11,385,033$2,926,550$39,732,376 Estimated tax rate required to cover the (6) proposed budget. $0.26836 Filename: Complete FY2008 Budget.xls Tab: State Law Summary Page 1 Last Printed: 8/23/2007 1:42 PM CITY OF UNIVERSITY PARK, TEXAS FY2008 PROPOSED BUDGET TEXAS LOCAL GOVERNMENT CODE REQUIREMENTS -- 2 OF 2 CHAPTER 102: MUNICIPAL BUDGET SECTION 003(a): ITEMIZED BUDGET; CONTENTS FY07FY07FY07FY08 ADOPTEDAMENDEDESTIMATEDPROPOSED BUDGETBUDGETACTUALBUDGET% CHANGE$ CHANGE GENERAL FUND 01-11 REVENUES 24,187,624 $24,340,509$24,550,000$25,420,7935.10%$1,233,169 TOTAL GENERAL FUND REVENUES$24,187,624$24,340,509 $24,550,000 $25,420,793 5.10%$1,233,169 $0 $0 EXPENDITURES 01-02 EXECUTIVE 906,784 $957,302 $938,500 $1,047,301 15.50%$140,517 01-03 FINANCE 1,060,625 $1,070,625 $1,065,000 $1,106,642 4.34%$46,017 01-04 HUMAN RESOURCES 342,661 $342,661 $340,000 $310,985 -9.24% 01-05 INFORMATION SERVICES 760,751 $947,146 $940,000 $770,293 1.25%$9,542 01-10 COURT 272,132 $272,132 $268,000 $280,191 2.96%$8,059 01-19 BUILDING 748,204 $839,799 $825,000 $808,399 8.05%$60,195 01-20 ENGINEERING 901,974 $1,053,108 $1,014,000 $955,061 5.89%$53,087 01-25 TRAFFIC 849,197 $933,958 $905,000 $881,543 3.81%$32,346 01-35 FACILITY MAINTENANCE 695,567 $800,653 $795,000 $731,505 5.17%$35,938 01-40 FIRE 4,462,340 $4,543,847 $4,500,000 $4,559,363 2.17%$97,023 01-50 POLICE 5,730,453 $5,793,201 $5,750,000 $6,107,776 6.58%$377,323 01-70 PARKS 2,546,522 $2,672,772 $2,600,000 $2,645,274 3.88%$98,752 01-75 SWIMMING POOL 173,946 $188,946 $165,000 $213,449 22.71%$39,503 01-80 STREETS 1,792,422 $1,828,172 $1,810,000 $1,968,948 9.85%$176,526 01-85 TRANSFERS 2,943,871 $3,088,871$3,088,871$3,032,1873.00%$88,316 TOTAL GENERAL FUND EXPENDITURES$24,187,449$25,333,193 $25,004,371 $25,418,917 5.09%$1,231,468 DIFFERENCE$175$1,876 UTILITY FUND $714,838 02-11 REVENUES 10,670,195 $10,670,196$10,270,000$11,385,0330.00% $714,838 TOTAL UTILITY FUND REVENUES$10,670,195$10,670,196 $10,270,000 $11,385,033 0.00% EXPENDITURES 02-21 UTILITY OFFICE 5,987,128 $5,987,128 $5,800,000 $5,962,953 -0.40% $230,122 02-22 UTILITIES 2,975,942 $3,176,637 $3,170,000 $3,206,064 7.73% $62,082 02-85 TRANSFERS 2,069,389 $2,069,389$2,069,389$2,131,4713.00% $268,029 TOTAL UTILITY FUND EXPENDITURES$11,032,459$11,233,154 $11,039,389 $11,300,488 2.43% DIFFERENCE($362,264)$84,545 SANITATION FUND 04-11 REVENUES2,660,500$2,660,500$2,580,000$2,926,55010.00%$266,050 TOTAL SANITATION FUND REVENUES$2,660,500$2,660,500$2,580,000$2,926,55010.00%$266,050 EXPENDITURES 04-60 SANITATION2,659,860$2,697,469$2,623,000$2,857,9287.45%$198,068 TOTAL SANITATION FUND EXPENDITURES$2,659,860$2,697,469$2,570,000$2,857,9287.45%$198,068 DIFFERENCE$640$10,00$68,622 0 TOTAL REVENUES$37,518,319$37,671,205 $37,400,000 $39,732,376 5.90%$2,214,057 TOTAL EXPENDITURES$37,879,768 $39,263,816 $38,613,760 $39,577,333 4.48%$1,697,565 DIFFERENCE($361,449)$155,043 Filename: Complete FY2008 Budget.xls Tab: State Law Summary Page 2 Last Printed: 8/23/2007 1:42 PM AGENDA MEMO (08/28/2007 AGENDA) DATE: August 14, 2007 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Recommendation from Public Safety Committee on 25 MPH Issue ITEM: During the June 19, 2007, City Council meeting, a presentation on the 25 MPH speed study was given to council by Bud Smallwood, Director of Public Works. After discussion by council, traffic consultant Dannie Cummings and members of the community, the matter was sent to the Public Safety Committee for review and recommendation (s). The Public Safety Committee met on July 10, 2007. The 25 MPH speed study was the lone agenda item and the only business discussed. After much discussion, the committee voted to recommend the same speed study be conducted a second time with the addition of enforcement to determine if the speeds could be reduced. It was decided by the committee, with Mr. Rick Barrett being in agreement, that the second study begin after the traffic unit was established, or after October 1, 2007, when officers could be assigned to work the designated area. The study will be conducted in the same area for the same length of time. RECOMMENDATION: Staff recommends that the council follow the recommendation of the Public Safety Committee for a second speed study with the addition of selected traffic enforcement Attachments: Public Safety Committee meeting minutes. Public Safety Advisory Committee MINUTES July 10, 2007 The Public Safety Advisory Committee of the City of University Park met on Tuesday, July 10, 2007 at 6:00 P.M. in the Conference Room of the Peek Service Center at 4420 Worcola St., Dallas, TX 75206. The following are minutes of that meeting. Committee Members Attending:Staff Members Attending: Robert Boyd, Chair Gary W. Adams, Chief of Police Charlie Terrell Bud Smallwood, Public Works Director Kirk Dooley Amara Durham Doug Bruton Danny Cummings, Engineer/Consultant Francie Johnsen Jackie Brewer Resident: Rick Barrett was invited and in attendance. Robert Boyd, Chair, opened the meeting at 6:05 p.m. Minutes from June’s meeting was distributed. Mr. Boyd met with the City Council last week and presented the committee’s recommendations from last month. They approved the recommendations. Mr. Boyd met CW Westendorf and Rick Barret at Mr. Westendorf’s house on Lovers Lane on 07/09/07. He stated that the in his opinion the traffic does move rather quickly on Lovers Lane. He asked Bud Smallwood when they would be striping the continuous turn lane. Bud has contacted with City of Dallas in regards to striping their portion. He will probably go ahead and stripe the portion that is in Dallas. A No Parking ordinance for Lovers Lane will be presented to the City Council its next meeting which will be held in August. Mr. Smallwood said there is currently no timetable on the installation of recordable speed boxes. Mr. Boyd asked if one of the current speed signs/or a new one could be installed farther west on Lovers for eastbound traffic. Yes. There is currently a 30 mph speed limit sign at the corner of Lovers/ Frontage Road. Even if there is no sign posted, state law states that in the absence of posted speed limit signs, the speed limit is 30. The Committee is concerend with Public Safety and is concerned that vehicles are traveling too fast through UP. The Chief and the City Manager have proposed a 3 person traffic division in this year’s budget. It will go before the City Council soon. The traffic division is to be created to slow down traffic, including residents. There is a proposal by residents to change the speed PUBLIC SAFETY ADVISORY COMMITTEE MINUTES July 10, 2007 Page 1 of 3 limit to 25 mph. There is a section of town (NE) that has piloted the 25 mph speed limit for the last 9 months. Resident, Rick Barrett, presented the members with two sets of handouts: Presentation by the City of Coppell and Material from the Texas Transportation Institute. Mr. Barrett lives on Purdue, in the 25 mph pilot area. Two years ago, asked the council to lower the speed limit. The test area had no police enforcement, just 67 signs that the city installed. The city also put door hangers out for all the residents informing them of the speed change. House th Bill 87 from the 79 Texas Legislature states that cities can lower the speed limits if the streets meet certain criteria. The streets in the test area meet those criteria. UPPD did not actively enforce the speed limit in this area to see if there would be a behavioral change in the way the people drove. If UPPD would have put out bait cars or enforced, then the drivers would have slowed down and there would not be an accurate read on how drivers were going to react to the new speed zones. The police department is now directly monitoring over 2,000 alarms. There are over 1,800 non- direct customers in the city as well. The traffic division will not answer alarm calls. They will write tickets and work accidents. Amara Durham feels that a traffic division will create bad PR for the city. She feels that it will be looked at as a money making project. Chief Adams informed the committee that all the revenue from tickets does not go directly to the city. The state has a set amount that they receive. Mr. Bruton was concerned about the cost to parents for their kids’ tickets. Mr. Boyd asked Chief Adams if he knew what percentage of traffic tickets were written to HP students? (From 1/1/07-6/30/07 24 speeding tickets were issued to juveniles.) The Court can provide us with the number of tickets written to juveniles. Chief Adams reminded the committee that residents and non-residents both travel on the streets during the day. Ms. Durham asked if the courts have considered the increased number of tickets that will be written and planned for staffing accordingly? Chief Adams told the committee that with the Lovers Lane traffic enforcement, the dockets filled up quickly. Mr. Barrett stated that the intangible benefits of the traffic division would be that there would be more officers on the streets. Bud Smallwood mentioned that one of the problems facing our residents is parking. Single family residences do not have requirements for parking, only mult-family units. Chief Adams reminded the committee that the street parking had been discussed at length with the last year’s committee and no decisions/agreeable solutions could be made. Street parking does create some hazards, but Chief Ledbetter had told the committee before that his fire equipment can still get down the street. Mr. Boyd asked the committee how they felt about more electric speed boxes? They all agreed in favor of this. Mr. Boyd summed up the suggestions by the committee thus far: 1.Off–street parking 2.More “radar enforced” signs 3.Hands free ordinance PUBLIC SAFETY ADVISORY COMMITTEE MINUTES July 10, 2007 Page 2 of 3 4.PR Measures to take 5.Line of Sight issues 6.PTA working with schools to allow students not to be release to parents taking on cell phones. Chief Adams stated that the Police Department will be attentive and address the concerns of the public. It will took months to slow the traffic down on Lovers Lane. Chief Adams reminded the committee that he looks at every ticket that is written by the officers. SMU students are written a large number of tickets. Chief Adams suggested that we begin the 25 m.p.h change at the same time as the traffic division begins. Mr. Boyd is not in favor of the 25 m.p.h. speed limit. Mr. Cummings stated the City of Coppell enacted the 25 m.ph. speed. The drivers are still driving over 30 mph. Chief Adams stated that after a child pedestrian fatality in the city a couple of years ago, he realized that were UP did not have officers trained specifically for this type of accident. He has since sent two officers in Accident Investigation and Reconstruction. If the PD or PW gets several calls in regards to traffic in a certain area, traffic counters will be put out. The results are looked at and officers will work that area in the time span indicated to run radar and write tickets. Mr. Boyd summed up the committee’s recommendations to council: 1.Have Public Works install “Radar Enforced” on more speed limit signs. 2.Install more Smart Boxes 3.Approve the request of a new Traffic Division of 3 officers 4.Hands-free Cell phone ordinance –Tabled discussion on this 5.Public Relations campaign to push safety Chief Adams stated that the PD will begin enforcement in the 25mph zone if the City Manager will approve 1 officer for Overtime in that area. Mr. Cummings will monitor the speed in that area on two more occasions: 1) thirty days from the onset of officers working OT in that area and 2) 6 months later. Mr. Cummings will present a proposal of what Approved: _________________________ Robert Boyd, Committee Chair PUBLIC SAFETY ADVISORY COMMITTEE MINUTES July 10, 2007 Page 3 of 3 AGENDA MEMO (08/28/2007) AGENDA) DATE: August 14, 2007 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Amendment to City Ordinance Related to Photo Enforcement Background/Analysis th The 80 Session of the Texas Legislature enacted legislation that regulates photo enforcement of traffic signals by Texas Cities. In order to be in compliance with the new legislation, the existing ordinance has been amended to reflect and adopt all required changes. Recommendation Staff recommends approval of amending existing ordinance to meet recently enacted legislation that becomes effective on September 30, 2007. Attachments: Ordinance as amended. Copy of enacted legislation. ORDINANCE NO. 07/ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING ARTICLE 10.1600A “AUTOMATED TRAFFIC SIGNAL ENFORCEMENT”; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE IMPOSITION OF CIVIL PENALTIES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1 . That the Code of Ordinances of the City of University Park, Texas, is hereby amended by amending Article 10.1600A “Automated Traffic Signal Enforcement” to read as follows: ARTICLE 10.1600A AUTOMATED TRAFFIC SIGNAL ENFORCEMENT “ Sec. 10.1601A Definitions. In this Article: (1)Department shall mean the Police Department of the City of University Park, Texas. (2)Intersection shall mean the place or area where two or more streets intersect. (3)Owner shall mean the owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or the analogous department or agency of another state or country. (4)Photographic Traffic Signal Enforcement System shall mean a system that: (a) consists of a camera system installed to work in conjunction with an electrically operated traffic-control signal; and (b) is capable of producing at least two recorded images that depict the license plate attached to the front or rear of a motor vehicle that is not operated in compliance with the instructions of the traffic- control signal. 67526 ord 11374 (5)Recorded Image means an image recorded by a photographic traffic monitoring system that depicts the front or rear of a motor vehicle and is automatically recorded on a photograph or digital image. (6)System Location means the approach to an intersection toward which a photographic traffic monitoring system is directed and in operation. (7) Traffic Control Signal shall mean a traffic control device that displays alternating red, amber and green lights that directs traffic when to stop at or proceed through an intersection and has the meaning assigned by the Texas Transportation Code, Section 541.304. Sec. 10.1602A Imposition of Civil Penalty for Violations. (a) The City Council finds and determines that a vehicle that proceeds into an intersection when the traffic control signal for that vehicle's direction of travel is emitting a steady red signal damages the public health, safety, and general welfare of the City by endangering motor vehicle operators and pedestrians alike, by decreasing the efficiency of traffic control and traffic flow efforts, and by increasing the number of serious accidents to which public safety agencies must respond at the expense of the taxpayers. (b) Except as provided in (c) and (d) below, the owner of a motor vehicle is liable for a civil penalty of seventy-five dollars ($75) if the motor vehicle proceeds into an intersection at a system location when the traffic control signal for that motor vehicle’s direction of travel is emitting a steady red signal. (c) An owner who fails to timely pay the civil penalty shall be subject to a late payment penalty of twenty-five dollars ($25). Sec. 10.1603A Enforcement; procedures. (a) The Department is responsible for the enforcement and administration of this Article. (b) In order to impose a civil penalty under this Article, the Department shall mail a notice of violation to the owner of the motor vehicle liable for the civil penalty not later th than the 30 day after the date the violation is alleged to have occurred to: (1) the owner’s address as shown on the registration records of the Texas Department of Transportation; or (2) if the vehicle is registered in another state or country, the owner’s address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation. (c) A notice of violation issued under this Article shall contain the following: (1) a description of the violation alleged; (2) the date, time, and location of the violation; (3) the location of the intersection where violation occurred; (4) the name and address of the owner of the vehicle involved in the violation; (5) the registration number displayed on the license plate of the vehicle involved in the violation; (6) a copy of a recorded image of limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation; (7) the amount of the civil penalty for which the owner is liable; (8) the number of days the person has in which to pay or contest the imposition of the civil penalty and a statement that the person incurs a late payment penalty of the $25.00 if the civil penalty is not paid or imposition of the penalty is not contested within the period; (9) a statement that the person named in the notice of violation may pay the civil penalty in lieu of appearing at an administrative adjudication hearing; (10) information that informs the person named in the notice of violation: (A) of the right to contest the imposition of the civil penalty in an administrative adjudication; (B) that imposition of the civil penalty may be contested by submitting a written request for an Administrative Adjudication Hearing before the expiration of the period specified under Subsection (8); and (C) that failure to pay the civil penalty or to contest liability for the penalty is an admission of liability and a waiver of the owner’s right to appeal the imposition of the civil penalty; and (11) a statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty; (12) any other information deemed necessary by the department. (d) A notice of violation under this Article is presumed to have been received on the 5th day after the date the notice of violation is mailed. (e)In lieu of issuing a notice of violation, the Department may mail a warning notice to the owner. Section 10.1604A Presumption (a)It is presumed that the owner of the motor vehicle committed the violation alleged in the notice of violation mailed to the person if the motor vehicle depicted in a photograph or digital image taken by a photographic traffic signal enforcement system belongs to the owner of the motor vehicle. (b)If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in a photograph or digital image taken by a photographic traffic signal enforcement system was owned by a person in the business of selling, renting or leasing motor vehicles or by a person who was not the person named in the notice of violation, the presumption under Subsection (a) is rebutted on the presentation of evidence establishing that the vehicle at the time was (1)being test driven by another person; (2)being rented or leased by the vehicle’s owner to another person, or (3)owned by a person who was not the person named in the notice of violation. (c)Notwithstanding Section 10.1604A, the presentation of evidence under Subsection (b) by a person who is in the business of selling, renting or leasing motor vehicles or did not own the vehicle at the time of the violation must be made by affidavit, through testimony at the administrative hearing under Section 10.1604A, or by written declaration under penalty of perjury. The affidavit or written declaration may be submitted via mail to the City or the entity with which the City contracts under Section 10.1607A. (d)If the presumption established by Subsection (a) is rebutted under Subsection (b), a civil penalty may not be imposed on the owner of the vehicle or the person named in the notice of violation, as applicable. (e)If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in the photograph or digital image taken by the photographic traffic signal enforcement system was owned by a person in the business of renting or leasing motor vehicles and the vehicle was being rented or leased to an individual, the owner of the motor vehicle shall provide to the City of the entity with which the City contracts under Section 10.1607A the name and address of the individual who was renting or leasing the motor vehicle depicted in the photograph or digital image and a statement of the period during which that individual was renting or leasing the vehicle. The owner shall provide the information required by this subsection not later th than the 30 day after the date of violation is received. If the owner provides the required information, it is presumed that the individual renting or leasing the motor vehicle committed the violation alleged n the notice of violation and the City or contractor may send a notice of violation to that individual at the address provided by the owner of the motor vehicle. Sec. 10.1604B Administrative adjudication hearing. (a) A person who receives a notice of violation may contest the imposition of the civil penalty by request in writing an administrative adjudication of the civil penalty within thirty (30) days after receipt of the notice of violation. Upon receipt of a timely request, the Department shall notify the person of the date and time of the hearing on the administrative adjudication. Said hearing officer shall have the authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents. The administrative adjudication hearing shall be held before a hearing officer appointed by the City Manager. (b) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil penalty assessed in the notice of violation. (1) admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the person’ and (2) waive the person’s right to appeal the imposition of civil penalty. (c) The civil penalty shall not be assessed if after a hearing, the hearing officer enters a finding of no liability. (d) In an administrative adjudication hearing, the issues must be proved at the hearing by a preponderance of the evidence. The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the violation may be attested to in an administrative adjudication hearing by affidavit of an officer or employee of the City or the entity with which the City contracts to install or operate the system and who is responsible for inspecting and maintaining the system. An affidavit of an officer or employee of the City that alleges a violation based on an inspection of the pertinent recorded image is admissible in a proceeding under this Article and is evidence of the facts contained in the affidavit. (e) A person who is found liable for a civil penalty after an administrative adjudication hearing or who requests an administrative adjudication hearing and thereafter fails to appear at the time and place of the hearing is liable for administrative hearing costs in the amount of $25.00 in addition to the amount of the civil penalty assessed for the violation. A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within 10 days of the hearing. (f) It shall be an affirmative defense to the imposition of civil liability under this Article, to be proven by a preponderance of the evidence, that: (1) the traffic-control signal was not in proper position and sufficiently legible to an ordinarily observant person; (2) the operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer; (3) the operator of the motor vehicle violated the instructions of the traffic- control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle; (4) the motor vehicle was being operated as an authorized emergency vehicle under Chapter 546 of the Texas Transportation Code and that the operator was acting in compliance with that Chapter; (5) the motor vehicle was a stolen vehicle and being operated by a person other than the owner of the vehicle without the effective consent of the owner; (6) the license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued; or (7) the presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that would make compliance with this Article more dangerous under the circumstances than non-compliance. (8) the person who received the notice of violation was not the owner of the motor-vehicle at the time of the violation. (g) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate had been timely reported to the appropriate law enforcement agency. (h) Notwithstanding anything in this Article to the contrary, a person received a notice of violation under this article and who fails to pay the amount of a civil penalty or to contest liability in a timely manner is entitled to an administrative adjudication hearing on the violation if: (1) the person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person; and (2) within the same period required by this Article for a hearing to be timely requested but measured from the date the mailed notice was received as stated in the affidavit filed under Subdivision (1), the person requests an administrative adjudication hearing. Sec. 10.1605A Order. (a) The hearing officer at any administrative adjudication hearing under this Article shall issue an order stating: (1) whether the person charged with the violation is liable for the violation; and (2) the amount of any civil penalty, late penalty, and administrative adjudication cost assessed against the person. (b) The orders issued under subsection (a) may be filed with the office of the hearing examiner. The hearing examiner shall keep the orders in a separate index and file. The orders may be recorded using microfilm, microfiche, or data processing techniques. Sec. 10.1606A Appeal . (a)The owner of a motor vehicle determined by a hearing officer to be liable for a penalty may appeal that determination to a judge by filing an appeal petition with the clerk of the court. The petition must be filed with the City’s municipal court. st (b)The petition must be filed before the 31 day after the date on which the administrative adjudication hearing officer entered the finding of liability for the civil penalty. (c)The court clerk shall schedule a hearing and notify the owner of the motor vehicle and the Department of the date, time and place of the hearing. (d)An Appeal stays enforcement and collection of the civil penalty imposed against the owner of the motor vehicle. The owner shall file a notarized statement of personal financial obligation to perfect the owner’s appeal. (e)An appeal under this section shall be determined by the court of trial de novo. Sec. 10.1606A Effect of liability; exclusion of civil remedy. (a) The imposition of a civil penalty under this Article is not a conviction and may not be considered a conviction for any purpose. (b) The implementation of a photographic traffic signal enforcement system by the City under this article does not prohibit a peace officer from arresting a violator of Texas Transportation Code, Section 544.007(d) as provided by Chapter 543 of the Transportation Code, if the peace officer personally witnesses the violation, or from issuing the violator a citation and notice to appear as provided by Chapter 543. (c) The City may not impose a civil penalty under this article on the owner of a motor vehicle if the operator of the vehicle was arrested or was issued a citation and notice to appear by a peace officer for the same violation of Section 544.004(d) of the Texas Transportation Code recorded by the photographic traffic signal enforcement system. (d) If the owner of the motor vehicle fails to timely pay the amount of the civil penalty imposed against the owner: (1) an arrest warrant may not be issued for the owner; and (2)the imposition of the civil penalty may not be recorded on the owner’s driving record. (e) Notice under Subsection (d) must be included in the notice of violation required by Section 10.1603A. Sec. 10.1607A Traffic Safety Fund. The penalties and fees collected from the imposition of civil liability under this Article shall be deposited in the Traffic Safety Fund account established by the City Council. Funds from the Traffic Safety Fund may be expended only for the costs of automated signal enforcement under this Article, public traffic or pedestrian safety programs, traffic enforcement and intersection improvements.” SECTION 2 . That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. This ordinance shall take effect immediately from and after its passage, and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of _________ 2007. APPROVED: _______________________________ JAMES H. HOLMES III, MAYOR ATTEST: _______________________________ KATE SMITH, CITY SECRETARY APPROVED AS TO FORM: _____________________________ CITY ATTORNEY (rld/TM19104) S.B.No.1119 1ANACT 2relatingtotheimplementationofaphotographictrafficsignal 3enforcementsystem;providingfortheimpositionofcivilpenalties 4andtotheuseofthemoneycollectedtohelpfundtraumafacilities 5andemergencymedicalservices;providingacriminalpenalty. 6BEITENACTEDBYTHELEGISLATUREOFTHESTATEOFTEXAS: 7SECTION1.SubtitleI,Title7,TransportationCode,is 8amendedbyaddingChapter707toreadasfollows: 9CHAPTER707.PHOTOGRAPHICTRAFFICSIGNAL 10ENFORCEMENTSYSTEM 11Sec.707.001.DEFINITIONS.Inthischapter: 12(1)"Localauthority"hasthemeaningassignedby 13Section541.002. 14(2)"Ownerofamotorvehicle"meanstheownerofa 15motorvehicleasshownonthemotorvehicleregistrationrecordsof 16theTexasDepartmentofTransportationortheanalogousdepartment 17oragencyofanotherstateorcountry. 18(3)"Photographictrafficsignalenforcementsystem" 19meansasystemthat: 20(A)consistsofacamerasystemandvehicle 21sensorinstalledtoexclusivelyworkinconjunctionwithan 22electricallyoperatedtraffic-controlsignal;and 23(B)iscapableofproducingatleasttworecorded 24imagesthatdepictthelicenseplateattachedtothefrontorthe 1 S.B.No.1119 1rearofamotorvehiclethatisnotoperatedincompliancewiththe 2instructionsofthetraffic-controlsignal. 3(4)"Recordedimage"meansaphotographicordigital 4imagethatdepictsthefrontortherearofamotorvehicle. 5(5)"Traffic-controlsignal"hasthemeaningassigned 6bySection541.304. 7Sec.707.002.AUTHORITYTOPROVIDEFORCIVILPENALTY.The 8governingbodyofalocalauthoritybyordinancemayimplementa 9photographictrafficsignalenforcementsystemandprovidethatthe 10ownerofamotorvehicleisliabletothelocalauthorityfora 11civilpenaltyif,whilefacingonlyasteadyredsignaldisplayedby 12anelectricallyoperatedtraffic-controlsignallocatedinthe 13localauthority,thevehicleisoperatedinviolationofthe 14instructionsofthattraffic-controlsignal,asspecifiedby 15Section544.007(d). 16Sec.707.003.INSTALLATIONANDOPERATIONOFPHOTOGRAPHIC 17TRAFFICSIGNALENFORCEMENTSYSTEM.(a)Alocalauthoritythat 18implementsaphotographictrafficsignalenforcementsystemunder 19thischaptermay: 20(1)contractfortheadministrationandenforcementof 21thesystem;and 22(2)installandoperatethesystemorcontractforthe 23installationoroperationofthesystem. 24(b)Alocalauthoritythatcontractsfortheadministration 25andenforcementofaphotographictrafficsignalenforcementsystem 26maynotagreetopaythecontractoraspecifiedpercentageof,or 27dollaramountfrom,eachcivilpenaltycollected. 2 S.B.No.1119 1(c)Beforeinstallingaphotographictrafficsignal 2enforcementsystematanintersectionapproach,thelocalauthority 3shallconductatrafficengineeringstudyoftheapproachto 4determinewhether,inadditiontoorasanalternativetothe 5system,adesignchangetotheapproachorachangeinthe 6signalizationoftheintersectionislikelytoreducethenumberof 7redlightviolationsattheintersection. 8(d)Anintersectionapproachmustbeselectedforthe 9installationofaphotographictrafficsignalenforcementsystem 10basedontrafficvolume,thehistoryofaccidentsattheapproach, 11thenumberorfrequencyofredlightviolationsatthe 12intersection,andsimilartrafficengineeringandsafetycriteria, 13withoutregardtotheethnicorsocioeconomiccharacteristicsof 14theareainwhichtheapproachislocated. 15(e)Alocalauthorityshallreportresultsofthetraffic 16engineeringstudyrequiredbySubsection(c)toacitizenadvisory 17committeeconsistingofonepersonappointedbyeachmemberofthe 18governingbodyofthelocalauthority.Thecommitteeshalladvise 19thelocalauthorityontheinstallationandoperationofa 20photographictrafficsignalenforcementsystemestablishedunder 21thischapter. 22(f)Alocalauthoritymaynotimposeacivilpenaltyunder 23thischapterontheownerofamotorvehicleifthelocalauthority 24violatesSubsection(b)or(c). 25(g)Thelocalauthorityshallinstallsignsalongeach 26roadwaythatleadstoanintersectionatwhichaphotographic 27trafficsignalenforcementsystemisinactiveuse.Thesignsmust 3 S.B.No.1119 1beatleast100feetfromtheintersectionorlocatedaccordingto 2standardsestablishedinthemanualadoptedbytheTexas 3TransportationCommissionunderSection544.001,beeasily 4readabletoanyoperatorapproachingtheintersection,andclearly 5indicatethepresenceofaphotographicmonitoringsystemthat 6recordsviolationsthatmayresultintheissuanceofanoticeof 7violationandtheimpositionofamonetarypenalty. 8(h)Alocalauthorityorthepersonwithwhichthelocal 9authoritycontractsfortheadministrationandenforcementofa 10photographictrafficsignalenforcementsystemmaynotprovide 11informationaboutacivilpenaltyimposedunderthischaptertoa 12creditbureau,asdefinedbySection392.001,FinanceCode. 13Sec.707.004.REPORTOFACCIDENTS.(a)Inthissection, 14"department"meanstheTexasDepartmentofTransportation. 15(b)Beforeinstallingaphotographictrafficsignal 16enforcementsystematanintersectionapproach,thelocalauthority 17shallcompileawrittenreportofthenumberandtypeoftraffic 18accidentsthathaveoccurredattheintersectionforaperiodofat 19least18monthsbeforethedateofthereport. 20(c)Notlaterthansixmonthsafterthedateofthe 21installationofthephotographictrafficsignalenforcementsystem 22attheintersection,thelocalauthorityshallprovidethe 23departmentacopyofthereportrequiredbySubsection(b). 24(d)Afterinstallingaphotographictrafficsignal 25enforcementsystematanintersectionapproach,thelocalauthority 26shallmonitorandannuallyreporttothedepartmentthenumberand 27typeoftrafficaccidentsattheintersectiontodeterminewhether 4 S.B.No.1119 1thesystemresultsinareductioninaccidentsorareductioninthe 2severityofaccidents. 3(e)Thereportmustbeinwritingintheformprescribedby 4thedepartment. 5(f)NotlaterthanDecember1ofeachyear,thedepartment 6shallpublishtheinformationsubmittedbyalocalauthorityunder 7Subsection(d). 8Sec.707.005.MINIMUMCHANGEINTERVAL.Atanintersection 9atwhichaphotographictrafficmonitoringsystemisinuse,the 10minimumchangeintervalforasteadyyellowsignalmustbe 11establishedinaccordancewiththeTexasManualonUniformTraffic 12ControlDevices. 13Sec.707.006.GENERALSURVEILLANCEPROHIBITED;OFFENSE. 14(a)Alocalauthorityshalloperateaphotographictrafficcontrol 15signalenforcementsystemonlyforthepurposeofdetectinga 16violationorsuspectedviolationofatraffic-controlsignal. 17(b)Apersoncommitsanoffenseifthepersonusesa 18photographictrafficsignalenforcementsystemtoproducea 19recordedimageotherthaninthemannerandforthepurpose 20specifiedbythischapter. 21(c)AnoffenseunderthissectionisaClassAmisdemeanor. 22Sec.707.007.AMOUNTOFCIVILPENALTY;LATEPAYMENT 23PENALTY.Ifalocalauthorityenactsanordinancetoenforce 24compliancewiththeinstructionsofatraffic-controlsignalbythe 25impositionofaciviloradministrativepenalty,theamountof: 26(1)theciviloradministrativepenaltymaynotexceed 27$75;and 5 S.B.No.1119 1(2)alatepaymentpenaltymaynotexceed$25. 2Sec.707.008.DEPOSITOFREVENUEFROMCERTAINTRAFFIC 3PENALTIES.(a)Notlaterthanthe60thdayaftertheendofa 4localauthoritysfiscalyear,afterdeductingamountsthelocal 5authorityisauthorizedbySubsection(b)toretain,thelocal 6authorityshall: 7(1)send50percentoftherevenuederivedfromcivil 8oradministrativepenaltiescollectedbythelocalauthorityunder 9thissectiontothecomptrollerfordeposittothecreditofthe 10regionaltraumaaccountestablishedunderSection782.002,Health 11andSafetyCode;and 12(2)deposittheremainderoftherevenueinaspecial 13accountinthelocalauthoritystreasurythatmaybeusedonlyto 14fundtrafficsafetyprograms,includingpedestriansafety 15programs,publicsafetyprograms,intersectionimprovements,and 16trafficenforcement. 17(b)Alocalauthoritymayretainanamountnecessaryto 18coverthecostsof: 19(1)purchasingorleasingequipmentthatispartofor 20usedinconnectionwiththephotographictrafficsignalenforcement 21systeminthelocalauthority; 22(2)installingthephotographictrafficsignal 23enforcementsystematsitesinthelocalauthority,includingthe 24costsofinstallingcameras,flashes,computerequipment,loop 25sensors,detectors,utilitylines,datalines,polesandmounts, 26networkingequipment,andassociatedlaborcosts; 27(3)operatingthephotographictrafficsignal 6 S.B.No.1119 1enforcementsysteminthelocalauthority,includingthecostsof 2creating,distributing,anddeliveringviolationnotices,review 3ofviolationsconductedbyemployeesofthelocalauthority,the 4processingoffinepaymentsandcollections,andthecosts 5associatedwithadministrativeadjudicationsandappeals;and 6(4)maintainingthegeneralupkeepandfunctioningof 7thephotographictrafficsignalenforcementsystem. 8(c)Chapter133,LocalGovernmentCode,appliestofee 9revenuedescribedbySubsection(a)(1). 10(d)IfunderSection133.059,LocalGovernmentCode,the 11comptrollerconductsanauditofalocalauthorityanddetermines 12thatthelocalauthorityretainedmorethantheamountsauthorized 13bythissectionorfailedtodepositamountsasrequiredbythis 14section,thecomptrollermayimposeapenaltyonthelocal 15authorityequaltotwicetheamountthelocalauthority: 16(1)retainedinexcessoftheamountauthorizedby 17thissection;or 18(2)failedtodepositasrequiredbythissection. 19Sec.707.009.REQUIREDORDINANCEPROVISIONS.Anordinance 20adoptedunderSection707.002mustprovidethatapersonagainst 21whomthelocalauthorityseekstoimposeacivilpenaltyisentitled 22toahearingandshall: 23(1)providefortheperiodinwhichthehearingmustbe 24held; 25(2)providefortheappointmentofahearingofficer 26withauthoritytoadministeroathsandissueorderscompellingthe 27attendanceofwitnessesandtheproductionofdocuments;and 7 S.B.No.1119 1(3)designatethedepartment,agency,orofficeofthe 2localauthorityresponsiblefortheenforcementandadministration 3oftheordinanceorprovidethattheentitywithwhichthelocal 4authoritycontractsunderSection707.003(a)(1)isresponsiblefor 5theenforcementandadministrationoftheordinance. 6Sec.707.010.EFFECTONOTHERENFORCEMENT.(a)The 7implementationofaphotographictrafficsignalenforcementsystem 8byalocalauthorityunderthischapterdoesnot: 9(1)precludetheapplicationorenforcementinthe 10localauthorityofSection544.007(d)inthemannerprescribedby 11Chapter543;or 12(2)prohibitapeaceofficerfromarrestingaviolator 13ofSection544.007(d)asprovidedbyChapter543,ifthepeace 14officerpersonallywitnessestheviolation,orfromissuingthe 15violatoracitationandnoticetoappearasprovidedbythat 16chapter. 17(b)Alocalauthoritymaynotimposeacivilpenaltyunder 18thischapterontheownerofamotorvehicleiftheoperatorofthe 19vehiclewasarrestedorissuedacitationandnoticetoappearbya 20peaceofficerforthesameviolationofSection544.007(d)recorded 21bythephotographictrafficsignalenforcementsystem. 22Sec.707.011.NOTICEOFVIOLATION;CONTENTS.(a)The 23impositionofacivilpenaltyunderthischapterisinitiatedbythe 24mailingofanoticeofviolationtotheownerofthemotorvehicle 25againstwhomthelocalauthorityseekstoimposethecivilpenalty. 26(b)Notlaterthanthe30thdayafterthedatetheviolation 27isallegedtohaveoccurred,thedesignateddepartment,agency,or 8 S.B.No.1119 1officeofthelocalauthorityortheentitywithwhichthelocal 2authoritycontractsunderSection707.003(a)(1)shallmailthe 3noticeofviolationtotheownerat: 4(1)theownersaddressasshownontheregistration 5recordsoftheTexasDepartmentofTransportation;or 6(2)ifthevehicleisregisteredinanotherstateor 7country,theownersaddressasshownonthemotorvehicle 8registrationrecordsofthedepartmentoragencyoftheotherstate 9orcountryanalogoustotheTexasDepartmentofTransportation. 10(c)Thenoticeofviolationmustcontain: 11(1)adescriptionoftheviolationalleged; 12(2)thelocationoftheintersectionwherethe 13violationoccurred; 14(3)thedateandtimeoftheviolation; 15(4)thenameandaddressoftheownerofthevehicle 16involvedintheviolation; 17(5)theregistrationnumberdisplayedonthelicense 18plateofthevehicleinvolvedintheviolation; 19(6)acopyofarecordedimageoftheviolationlimited 20solelytoadepictionoftheareaoftheregistrationnumber 21displayedonthelicenseplateofthevehicleinvolvedinthe 22violation; 23(7)theamountofthecivilpenaltyforwhichtheowner 24isliable; 25(8)thenumberofdaysthepersonhasinwhichtopay 26orcontesttheimpositionofthecivilpenaltyandastatementthat 27thepersonincursalatepaymentpenaltyifthecivilpenaltyisnot 9 S.B.No.1119 1paidorimpositionofthepenaltyisnotcontestedwithinthat 2period; 3(9)astatementthattheownerofthevehicleinthe 4noticeofviolationmayelecttopaythecivilpenaltybymailsent 5toaspecifiedaddressinsteadofappearingatthetimeandplaceof 6theadministrativeadjudicationhearing;and 7(10)informationthatinformstheownerofthevehicle 8namedinthenoticeofviolation: 9(A)oftheownersrighttocontestthe 10impositionofthecivilpenaltyagainstthepersoninan 11administrativeadjudicationhearing; 12(B)thatimpositionofthecivilpenaltymaybe 13contestedbysubmittingawrittenrequestforanadministrative 14adjudicationhearingbeforetheexpirationoftheperiodspecified 15underSubdivision(8);and 16(C)thatfailuretopaythecivilpenaltyorto 17contestliabilityforthepenaltyinatimelymannerisanadmission 18ofliabilityandawaiveroftheownersrighttoappealthe 19impositionofthecivilpenalty. 20(d)Anoticeofviolationispresumedtohavebeenreceived 21onthefifthdayafterthedatethenoticeismailed. 22Sec.707.012.ADMISSIONOFLIABILITY.Apersonwhofailsto 23paythecivilpenaltyortocontestliabilityforthepenaltyina 24timelymannerorwhorequestsanadministrativeadjudication 25hearingtocontesttheimpositionofthecivilpenaltyagainstthe 26personandfailstoappearatthathearingisconsideredto: 27(1)admitliabilityforthefullamountofthecivil 10 S.B.No.1119 1penaltystatedinthenoticeofviolationmailedtotheperson;and 2(2)waivethepersonsrighttoappealtheimposition 3ofthecivilpenalty. 4Sec.707.013.PRESUMPTION.(a)Itispresumedthatthe 5ownerofthemotorvehiclecommittedtheviolationallegedinthe 6noticeofviolationmailedtothepersonifthemotorvehicle 7depictedinaphotographordigitalimagetakenbyaphotographic 8trafficsignalenforcementsystembelongstotheownerofthemotor 9vehicle. 10(b)If,atthetimeoftheviolationallegedinthenoticeof 11violation,themotorvehicledepictedinaphotographordigital 12imagetakenbyaphotographictrafficsignalenforcementsystemwas 13ownedbyapersoninthebusinessofselling,renting,orleasing 14motorvehiclesorbyapersonwhowasnotthepersonnamedinthe 15noticeofviolation,thepresumptionunderSubsection(a)is 16rebuttedonthepresentationofevidenceestablishingthatthe 17vehiclewasatthattime: 18(1)beingtestdrivenbyanotherperson; 19(2)beingrentedorleasedbythevehiclesownerto 20anotherperson;or 21(3)ownedbyapersonwhowasnotthepersonnamedin 22thenoticeofviolation. 23(c)NotwithstandingSection707.014,thepresentationof 24evidenceunderSubsection(b)byapersonwhoisinthebusinessof 25selling,renting,orleasingmotorvehiclesordidnotownthe 26vehicleatthetimeoftheviolationmustbemadebyaffidavit, 27throughtestimonyattheadministrativeadjudicationhearingunder 11 S.B.No.1119 1Section707.014,orbyawrittendeclarationunderpenaltyof 2perjury.Theaffidavitorwrittendeclarationmaybesubmittedby 3mailtothelocalauthorityortheentitywithwhichthelocal 4authoritycontractsunderSection707.003(a)(1). 5(d)IfthepresumptionestablishedbySubsection(a)is 6rebuttedunderSubsection(b),acivilpenaltymaynotbeimposedon 7theownerofthevehicleorthepersonnamedinthenoticeof 8violation,asapplicable. 9(e)If,atthetimeoftheviolationallegedinthenoticeof 10violation,themotorvehicledepictedinthephotographordigital 11imagetakenbythephotographictrafficsignalenforcementsystem 12wasownedbyapersoninthebusinessofrentingorleasingmotor 13vehiclesandthevehiclewasbeingrentedorleasedtoan 14individual,theownerofthemotorvehicleshallprovidetothe 15localauthorityortheentitywithwhichthelocalauthority 16contractsunderSection707.003(a)(1)thenameandaddressofthe 17individualwhowasrentingorleasingthemotorvehicledepictedin 18thephotographordigitalimageandastatementoftheperiodduring 19whichthatindividualwasrentingorleasingthevehicle.Theowner 20shallprovidetheinformationrequiredbythissubsectionnotlater 21thanthe30thdayafterthedatethenoticeofviolationis 22received.Iftheownerprovidestherequiredinformation,itis 23presumedthattheindividualrentingorleasingthemotorvehicle 24committedtheviolationallegedinthenoticeofviolationandthe 25localauthorityorcontractormaysendanoticeofviolationtothat 26individualattheaddressprovidedbytheownerofthemotor 27vehicle. 12 S.B.No.1119 1Sec.707.014.ADMINISTRATIVEADJUDICATIONHEARING.(a)A 2personwhoreceivesanoticeofviolationunderthischaptermay 3contesttheimpositionofthecivilpenaltyspecifiedinthenotice 4ofviolationbyfilingawrittenrequestforanadministrative 5adjudicationhearing.Therequestforahearingmustbefiledonor 6beforethedatespecifiedinthenoticeofviolation,whichmaynot 7beearlierthanthe30thdayafterthedatethenoticeofviolation 8wasmailed. 9(b)Onreceiptofatimelyrequestforanadministrative 10adjudicationhearing,thelocalauthorityshallnotifytheperson 11ofthedateandtimeofthehearing. 12(c)Ahearingofficerdesignatedbythegoverningbodyof 13thelocalauthorityshallconducttheadministrativeadjudication 14hearing. 15(d)Inanadministrativeadjudicationhearing,theissues 16mustbeprovenbyapreponderanceoftheevidence. 17(e)Thereliabilityofthephotographictrafficsignal 18enforcementsystemusedtoproducetherecordedimageofthemotor 19vehicleinvolvedintheviolationmaybeattestedtobyaffidavitof 20anofficeroremployeeofthelocalauthorityoroftheentitywith 21whichthelocalauthoritycontractsunderSection707.003(a)(1)who 22isresponsibleforinspectingandmaintainingthesystem. 23(f)Anaffidavitofanofficeroremployeeofthelocal 24authorityorentitythatallegesaviolationbasedonaninspection 25oftheapplicablerecordedimageis: 26(1)admissibleintheadministrativeadjudication 27hearingandinanappealunderSection707.016;and 13 S.B.No.1119 1(2)evidenceofthefactscontainedintheaffidavit. 2(g)Attheconclusionoftheadministrativeadjudication 3hearing,thehearingofficershallenterafindingofliabilityfor 4thecivilpenaltyorafindingofnoliabilityforthecivil 5penalty.Afindingunderthissubsectionmustbeinwritingandbe 6signedanddatedbythehearingofficer. 7(h)Afindingofliabilityforacivilpenaltymustspecify 8theamountofthecivilpenaltyforwhichthepersonisliable.If 9thehearingofficerentersafindingofnoliability,acivil 10penaltyfortheviolationmaynotbeimposedagainsttheperson. 11(i)Afindingofliabilityorafindingofnoliability 12enteredunderthissectionmay: 13(1)befiledwiththeclerkorsecretaryofthelocal 14authorityorwithapersondesignatedbythegoverningbodyofthe 15localauthority;and 16(2)berecordedonmicrofilmormicroficheorusing 17dataprocessingtechniques. 18Sec.707.015.UNTIMELYREQUESTFORADMINISTRATIVE 19ADJUDICATIONHEARING.Notwithstandinganyotherprovisionofthis 20chapter,apersonwhoreceivesanoticeofviolationunderthis 21chapterandwhofailstotimelypaytheamountofthecivilpenalty 22orfailstotimelyrequestanadministrativeadjudicationhearing 23isentitledtoanadministrativeadjudicationhearingif: 24(1)thepersonsubmitsawrittenrequestforthe 25hearingtothedesignatedhearingofficer,accompaniedbyan 26affidavitthatatteststothedateonwhichthepersonreceivedthe 27noticeofviolation;and 14 S.B.No.1119 1(2)thewrittenrequestandaffidavitaresubmittedto 2thehearingofficerwithinthesamenumberofdaysafterthedate 3thepersonreceivedthenoticeofviolationasspecifiedunder 4Section707.011(c)(8). 5Sec.707.016.APPEAL.(a)Theownerofamotorvehicle 6determinedbyahearingofficertobeliableforacivilpenaltymay 7appealthatdeterminationtoajudgebyfilinganappealpetition 8withtheclerkofthecourt.Thepetitionmustbefiledwith: 9(1)ajusticecourtofthecountyinwhichthelocal 10authorityislocated;or 11(2)ifthelocalauthorityisamunicipality,the 12municipalcourtofthemunicipality. 13(b)Thepetitionmustbe: 14(1)filedbeforethe31stdayafterthedateonwhich 15theadministrativeadjudicationhearingofficerenteredthe 16findingofliabilityforthecivilpenalty;and 17(2)accompaniedbypaymentofthecostsrequiredby 18lawforthecourt. 19(c)Thecourtclerkshallscheduleahearingandnotifythe 20ownerofthemotorvehicleandtheappropriatedepartment,agency, 21orofficeofthelocalauthorityofthedate,time,andplaceofthe 22hearing. 23(d)Anappealstaysenforcementandcollectionofthecivil 24penaltyimposedagainsttheownerofthemotorvehicle.Theowner 25shallfileanotarizedstatementofpersonalfinancialobligation 26toperfecttheownersappeal. 27(e)Anappealunderthissectionshallbedeterminedbythe 15 S.B.No.1119 1courtbytrialdenovo. 2Sec.707.017.ENFORCEMENT.Iftheownerofamotorvehicle 3isdelinquentinthepaymentofacivilpenaltyimposedunderthis 4chapter,thecountyassessor-collectorortheTexasDepartmentof 5Transportationmayrefusetoregisteramotorvehicleallegedto 6havebeeninvolvedintheviolation. 7Sec.707.018.IMPOSITIONOFCIVILPENALTYNOTACONVICTION. 8Theimpositionofacivilpenaltyunderthischapterisnota 9convictionandmaynotbeconsideredaconvictionforanypurpose. 10Sec.707.019.FAILURETOPAYCIVILPENALTY.(a)Ifthe 11ownerofthemotorvehiclefailstotimelypaytheamountofthe 12civilpenaltyimposedagainsttheowner: 13(1)anarrestwarrantmaynotbeissuedfortheowner; 14and 15(2)theimpositionofthecivilpenaltymaynotbe 16recordedontheownersdrivingrecord. 17(b)NoticeofSubsection(a)mustbeincludedinthenotice 18ofviolationrequiredbySection707.011(c). 19SECTION2.Subsection(a),Section27.031,GovernmentCode, 20isamendedtoreadasfollows: 21(a)Inadditiontothejurisdictionandpowersprovidedby 22theconstitutionandotherlaw,thejusticecourthasoriginal 23jurisdictionof: 24(1)civilmattersinwhichexclusivejurisdictionis 25notinthedistrictorcountycourtandinwhichtheamountin 26controversyisnotmorethan$5,000,exclusiveofinterest; 27(2)casesofforcibleentryanddetainer;[and] 16 S.B.No.1119 1(3)foreclosureofmortgagesandenforcementofliens 2onpersonalpropertyincasesinwhichtheamountincontroversyis 3otherwisewithinthejusticecourtsjurisdiction;and 4(4)casesarisingunderChapter707,Transportation 5Code,outsideamunicipalitysterritoriallimits. 6SECTION3.Section29.003,GovernmentCode,isamendedby 7addingSubsection(g)toreadasfollows: 8(g)Amunicipalcourt,includingamunicipalcourtof 9record,shallhaveexclusiveappellatejurisdictionwithinthe 10municipalitysterritoriallimitsinacasearisingunderChapter 11707,TransportationCode. 12SECTION4.Section133.004,LocalGovernmentCode,is 13amendedtoreadasfollows: 14Sec.133.004.CIVILFEES.Thischapterappliestothe 15followingcivilfees: 16(1)theconsolidatedfeeonfilingindistrictcourt 17imposedunderSection133.151; 18(2)thefilingfeeindistrictcourtforbasiccivil 19legalservicesforindigentsimposedunderSection133.152; 20(3)thefilingfeeincourtsotherthandistrictcourt 21forbasiccivillegalservicesforindigentsimposedunderSection 22133.153; 23(4)thefilingfeesforthejudicialfundimposedin 24certainstatutorycountycourtsunderSection51.702,Government 25Code; 26(5)thefilingfeesforthejudicialfundimposedin 27certaincountycourtsunderSection51.703,GovernmentCode; 17 S.B.No.1119 1(6)thefilingfeesforthejudicialfundimposedin 2certainstatutoryprobatecourtsunderSection51.704,Government 3Code; 4(7)feescollectedunderSection118.015; 5(8)marriagelicensefeesforthefamilytrustfund 6collectedunderSection118.018; 7(9)marriagelicenseordeclarationofinformal 8marriagefeesforthechildabuseandneglectpreventiontrustfund 9accountcollectedunderSection118.022;[and] 10(10)thefilingfeeforthejudicialfundimposedin 11districtcourt,statutorycountycourt,andcountycourtunder 12Section133.154;and 13(11)theportionoftheciviloradministrative 14penaltydescribedbySection707.008(a)(1),TransportationCode, 15imposedbyalocalauthoritytoenforcecompliancewiththe 16instructionsofatraffic-controlsignal. 17SECTION5.SubtitleB,Title9,HealthandSafetyCode,is 18amendedbyaddingChapter782toreadasfollows: 19CHAPTER782.REGIONALEMERGENCYMEDICALSERVICES 20Sec.782.001.DEFINITIONS.Inthischapter: 21(1)"Commission"meanstheHealthandHumanServices 22Commission. 23(2)"Commissioner"meanstheexecutivecommissioner 24oftheHealthandHumanServicesCommission. 25Sec.782.002.REGIONALTRAUMAACCOUNT.(a)Theregional 26traumaaccountiscreatedasadedicatedaccountinthegeneral 27revenuefundofthestatetreasury.Moneyintheaccountmaybe 18 S.B.No.1119 1appropriatedonlytothecommissiontomakedistributionsas 2providedbySection782.003. 3(b)Theaccountiscomposedofmoneydepositedtothecredit 4oftheaccountunderSection707.008,TransportationCode,andthe 5earningsoftheaccount. 6(c)Sections403.095and404.071,GovernmentCode,donot 7applytotheaccount. 8Sec.782.003.PAYMENTSFROMTHEREGIONALTRAUMAACCOUNT. 9(a)Thecommissionershallusemoneyappropriatedfromthe 10regionaltraumaaccountestablishedunderSection782.002tofund 11uncompensatedcareofdesignatedtraumafacilitiesandcountyand 12regionalemergencymedicalserviceslocatedintheareaservedby 13thetraumaservicearearegionaladvisorycouncilthatservesthe 14localauthoritysubmittingmoneyunderSection707.008, 15TransportationCode. 16(b)Inanyfiscalyear,thecommissionershalluse: 17(1)96percentofthemoneyappropriatedfromthe 18accounttofundaportionoftheuncompensatedtraumacareprovided 19atfacilitiesdesignatedasstatetraumafacilitiesbythe 20DepartmentofStateHealthServices; 21(2)twopercentofthemoneyappropriatedfromthe 22accountforcountyandregionalemergencymedicalservices; 23(3)onepercentofthemoneyappropriatedfromthe 24accountfordistributiontothe22traumaservicearearegional 25advisorycouncils;and 26(4)onepercentofthemoneyappropriatedfromthe 27accounttofundadministrativecostsofthecommission. 19 S.B.No.1119 1(c)ThemoneyunderSubsection(b)shallbedistributedin 2proportiontotheamountdepositedtotheaccountfromthelocal 3authority. 4SECTION6.Section707.008,TransportationCode,asadded 5bythisAct,andSection782.002,HealthandSafetyCode,asadded 6bythisAct,applytorevenuereceivedbyalocalauthorityunitof 7thisstatefromtheimpositionofaciviloradministrativepenalty 8onoraftertheeffectivedateofthisAct,regardlessofwhether 9thepenaltywasimposedbefore,on,oraftertheeffectivedateof 10thisAct. 11SECTION7.NotlaterthanDecember1,2007,theexecutive 12commissioneroftheHealthandHumanServicesCommissionshall 13adoptrulestoimplementChapter782,HealthandSafetyCode,as 14addedbythisAct. 15SECTION8.Thereportingandpublicationrequirements 16imposedbySection707.004,TransportationCode,asaddedbythis 17Act,applyonlytoayearbeginningonorafterJanuary1,2008. 18SECTION9.Section707.003,TransportationCode,asadded 19bythisAct,appliesonlytoacontractenteredintoonorafterthe 20effectivedateofthisAct. 21SECTION10.ThisActtakeseffectSeptember1,2007. 20 S.B.No.1119 ____________________________________________________________ PresidentoftheSenateSpeakeroftheHouse IherebycertifythatS.B.No.1119passedtheSenateon April3,2007,bythefollowingvote:Yeas28,Nays2; May24,2007,SenaterefusedtoconcurinHouseamendmentsand requestedappointmentofConferenceCommittee;May26,2007,House grantedrequestoftheSenate;May27,2007,Senateadopted ConferenceCommitteeReportbythefollowingvote:Yeas28, Nays2. ______________________________ SecretaryoftheSenate IherebycertifythatS.B.No.1119passedtheHouse,with amendments,onMay16,2007,bythefollowingvote:Yeas136, Nays12,twopresentnotvoting;May26,2007,Housegranted requestoftheSenateforappointmentofConferenceCommittee; May27,2007,HouseadoptedConferenceCommitteeReportbythe followingvote:Yeas125,Nays18,twopresentnotvoting. ______________________________ ChiefClerkoftheHouse Approved: ______________________________ Date ______________________________ Governor 21 AGENDA MEMO (8/28/2007 AGENDA) DATE: August 22, 2007 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Coffee Park Master Plan Design Fees BACKGROUND: In November 2006, City Council approved a new concept drawing for a Master Plan of Coffee Park. Since that time, staff has been working with the architect and a review committee to finalize additional park components and cost estimates to the master plan. These additional components include: Discussion, design and placement of a barrier free playground. Discussion and placement of a sculpture designed by Bob Coffee Discussion, design and placement of a historical timeline and narrative stations within park Project Cost Estimates Based on work performed on these additional services and the detailed cost estimate of the project, the architect is requesting additional funds for meetings, project design and construction services. The original contract was based on a project cost estimate of $300,000. The amended proposal reflects design fees based on an estimated $700,000 plus project cost. Current Contract $28,865.00 Amendment Request $28,635.00 New Contract Amount $57,500.00 RECOMMENDATION: Staff is recommending City Council consider amending the Coffee Park Master Plan design contract with GGOA Architects for a total contract price of $57,500. ATTACHMENTS: Project Cost Estimate Architect’s Amended Contract Proposal – Coffee Park 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Estimated Project Cost Project Cost $680,656.25 Barrier Free Playground Cost $293,243.53 Project Management $ 29,216.00 Design Fees $ 57,500.00 Estimated Total Project Cost $1,060,615.00 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 25July2007 RevisedProposal To CityofUniversityPark Mr.GerryBradley For CoffeePark OurunderstandingoftheProjectscopeincludestheDesignConceptsand ConstructionImplementationfortheapproximatefourandone-half(4.5)acreCoffee Park,locatednearthesouthwestintersectionofHillcrestRoadandNorthwest Highway. GGOA BasedupontheconceptPlansketchpreparedbydated3/20/06,a preliminaryprobablecostofconstructionsuggestsaworkingbudgetof$600,000.01 to$700,000.01. 1.BASICSERVICES A.Pre-Design/ProductResearch GGOA 1)willmeetwithyoutodiscusstheProjectrequirements, reviewtheProjectscheduleandidentifythekeycomponentsandissues relatedtotheProject. GGOA 2)willobtainavailablemapsandplatsforexisting developmentsandfacilitieswithinandsurroundingthesite,andwewill reviewthemfortheirimpactontheproposedparkdevelopment. GGOA 3)Basedupontheinformationcollected,willperformasite analysisoftheProjectareaandprepareanexhibitshowingthelocation ofallsitefeaturesincluding,withoutlimitation,vegetation,paving,natural features,existingutilities,circulationandsurroundingdevelopment.We willmeetwithyoutoreviewourfindings. GGOA 4)willcollectandprovidemanufacturersinformation relatedtoproposedimprovements(includingsplashpadproductsand sitefurnishings)totheclient.Additionally,wewillincorporatethese specialtyitemsaspartoftheConceptualDesignPhase. B.ConceptualDesign GGOA 1)BaseduponthepreliminaryConceptsketchpreparedby dated3/20/06,wewillpreparearefinedconceptualplanandtwo(2) sketches(perspectiveand/orelevations)fortheproposedpark.This planviewandsupplementalsketcheswillshowingreaterdetailthe proposedspatialarrangementandlayoutoftheprogrammedelements andProjectcharacter. GGOA 2)willmeetwithCitystafftoreviewthesesketchesandto receivetheirinput. CityofUniversityPark CoffeePark Page2 C.DesignDevelopment GGOA 1)BasedontheapprovedConceptPlan,willworkincoordinationwiththeCityto providedesigndevelopmentdocuments,whichwillfinalizetheMasterPlanlayoutandconsistof drawings,sketchdetailsandotherdocumentstoestablishanddescribethesizeandcharacterof theProjectastotheprogrammeddesignelements. GGOA 2)Basedonthedesigndevelopmentphase,willprepareapreliminaryprobablecost ofconstructionforthepark.Thiscostestimatewillbedetailedanditemizedtoshowouropinionof costforeachoftheproposedparkelements. GGOA D.ConstructionDrawingsÑBasedontheapproveddesigndevelopmentdocuments, willprepareconstructiondrawingsfortheProjectforapprovalbytheCity.Theseshallinclude,but arenotlimitedto,thefollowing: 1)CoversheetshowingvicinitymapfortheProjectsite,signatureblock,indexofdrawingsand contactlist; 2)FinalsiteplaninaccordancewiththerequirementsofthepertinentCityLandscapeand DevelopmentOrdinances; 3)Existingconditions/demolitionplanshowingexistingsiteconditionsaswellastheremovaland/or relocationofanyexistingelementsasrequiredtoaccommodatetheproposedimprovements; 4)Layout,dimensioncontrolandmaterialsplan; 5)Gradinganddrainageplans; 6)Siteconstructiondetails; 7)Erosioncontrolplan; 8)Landscapeandautomaticirrigationsystemplan; 9)Sitelightingandsiteelectricalplans; 10)Additionalplansand/ordetailsnecessarytoshowdesignintentforalltheproposedimprovements; and 11)Specificplansnecessaryforconstructionoftheprogrammeddesignelements. Thepreliminaryprobablecostofconstructionwillbemodifiedandupdatedtoreflecttheconstruction drawings. GGOA willprovidethree(3)setsofplansfortheCitysreviewandcommentatapproximatefifty percent(50%),ninetypercent(90%)andonehundredpercent(100%)completemilestonesandwill incorporatetheCityscommentsintotheplans. FinalDeliverablesoftheconstructiondocumentsincludeone(1)setoffullsizereproduciblefinaldrawings andanelectronicfileoftheconstructiondrawingsinAutoCADformat. GGOA E.TechnicalSpecificationsÑwillpreparetechnicalspecificationsforthework includedintheconstructionplans(CSIformat)andassembleacompleteProjectmanual.The generalandsupplementaryconditionsofthecontract,bondforms,etc.shallbeprovidedbythe GGOA City.willalsoprepareabidformfortheproposedProjectimprovements,including, withoutlimitations,materialquantities,unitprices,totalbasebidandalternateitems.One(1)setof unboundtechnicalspecificationsshallbeprovidedtotheCity. GGOA F.StormWaterPollutionPreventionPlan(SWPPP)ÑshallprepareaSWPPPin accordancewithcurrentTexasCommissiononEnvironmentalQuality(TCEQ)andEnvironmental ProtectionAgency(EPA)guidelinesandassistinfilingtheNoticeofIntent(NOI)forcoverage undertheTCEQStatepermit. GGOA G.BiddingÑBasedonapprovedconstructiondocuments,willprovidebidding servicestoinclude,butnotlimitedto,thefollowing: 1)Attendpre-bidconferenceandpreparemeetingnotes; 2)Prepareaddendaitems(ifnecessary); 3)Answerquestionsduringthebiddingprocess; 4)Reviewbids,asrequestedbytheCity;and 5)Makerecommendationforawardingtheconstructioncontract. CityofUniversityPark CoffeePark Page3 GGOA H.ConstructionAdministrationÑDuringconstruction,willperform,withoutlimitations, thefollowingconstructionadministrationservices: 1)Attendpre-constructionconference; 2)Reviewshopdrawing,submittalsandmock-upsasrequired; 3)RespondtocontractorRequestsforInformation(RFI); 4)Makeperiodicsitevisits,asrequired,toobservecontractorprogress(notcontinuoussite inspection)todetermineiftheworkisproceedingingeneralaccordancewiththeContract GGOA Documents(atotaloften(10)sitevisitsareanticipated). 5)Preparepunchlistofitemstobecompletedorcorrected; 6)Performfinalinspectionreview;and GGOA 7)shallattendprogressmeetingsandrecordmeetingminutesfordistribution. 2.ADDITIONALSERVICES A.TopographicSurvey 1)BoundaryVerificationÑAnon-the-groundboundaryverificationoftheparksitewillberequiredin ordertoconfirmthelimitsoftheparkproperty. 2)TopographicSurveyÑAnon-the-groundtopographicsurveyoftheparksite(withinthelimits described)willberequiredtobeusedinourDesignDevelopmentandConstructionDocument phases.Thistopographicsurveywillshowtheelevationsataone-footcontourintervalaswellas thelocationsandspotelevationsofpertinentexistingfeaturesonoradjacenttothesite.Such featuresincludewithoutlimitationpaving,trees,vegetationmasses,drainagestructures,visible utilities,etc.ThecompletedsurveyofthesitewillbesubmittedtotheCity. GGOA B.TexasAccessibilityStandardsÑwillsubmitafull-sizedsetofconstruction documentstotheTexasDepartmentofLicensingandRegulationoranindependentcontract providerforTexasAccessibilityStandardsreviewandwillworkwiththeirstaffforplanapprovaland GGOA finalprojectinspection.Basedontheplansreview,willrevisetheconstruction documentsaccordingly. C.ChargesforreimbursableexpensesexpendedbytheArchitect,theArchitect'semployeesand consultantsintheinterestoftheprojectwillbebilledtotheClientat1.15timestheactualincurred costoftheexpenseandarenotinclusivewithinthestipulatedfeestructure. 1)TypicalExpensesare:Telecommunications,mileage,plottingservices,printing,allreproductions, postage,courierandovernightservices,artsupplies,photographicfilm&processing,drafting mylar,etc.. GGOA 2)Itisanticipatedthatwillproduceallrequiredprintingforpermitandconstruction purposes. EXCLUSIONS Theintentofthisscopeofservicesistoincludeonlytheservicesspecificallylistedhereinandnoothers. Servicesspecificallyexcludedfromthisscopeofservicesincludethefollowing: 1)Constructionstaking; 2)Fieldsurveyoutsidethedefinedprojectarea; 3)Environmentalimpactstatementsorassessments; 4)Plattingservices ; 5)Consultingservicesbyothersnotincludedinthisproposal; 6)ServicesbeyondthosedescribedinSection1orSection2; 7)CLOMRorLOMRreportsorsubmittaltoFEMA 8)Hydrologicorhydraulicstudies; 9)CorpsofEngineerpermitting; 10)Wetlandsdetermination/delineation; 11)RenderingsbeyondthoseforConceptualDesignortoshowdesignintent; 12)As-builtfieldsurveys;and 13)As-builtplans. CityofUniversityPark CoffeePark Page4 INFORMATIONTOBEPROVIDEDBYTHECITY A.AllÒas-builtÓplansincludingallpertinentpaving,drainageandutilityplansfortheparkandsurrounding developments(includesproposedorexisting). 3.COSTOFSERVICES GGOA A.willperformtheScopeofServicesdelineatedaboveforthefollowingStipulatedLumpSum Fees: B.ProfessionalServices: Fifty-SevenThousandFiveHundred&00/100Dollars ($57,500.00) C.Thefeeshallbebilledas: 1)Pre-Design/ProductResearch$600.00 2)SchematicDesign$3,500.00 3)DesignDevelopment$12,500.00 4)ContractDocuments$33,400.00 5)ConstructionAdministration$5,500.00 6)StormWaterPollutionPreventionPlan/Documentation$2,000.00 D.Invoicesaredueandpayable: 1)InDallasCounty,Texas. 2)Within15businessdaysofdateofinvoice. E.Interestchargesshallaccrueattheperannumrateof18%ifpaymentisnotreceivedwithin45business daysoftheinvoicedate. F.TheentirescheduledamountfortheConstructionDocumentsshallbepaidinfullbeforetheArchitectshall releasethedocumentstotheClient,Appraisers,LendersorGeneralContractors. 4.ADDITIONALSERVICES A.ChangestotheConstructionDocuments,requestedaftercompletionandfinalplot,shallbeperformedby theArchitectonlyafterreceiptofwrittenconfirmationoftheArchitectsestimatedcostofthechangesand paymentinfullforsaidchangesisreceived. B.Compensationforadditionalservicesperformedshallbebilledonthebasisofthefollowingitemizedbilling rateschedule: Principal$200.00/hr Associate150.00/hr ProjectArchitect120.00/hr Architect65.00/hr Intern45.00/hr C.TopographicSurvey$5,600.00 D.TexasAccessibilityStandardsReview$2,500.00 CityofUniversityPark CoffeePark Page5 5.MISCELLANEOUSPROVISIONS A.SubsequenttotheacceptanceofthisProposalforProfessionalServicesaformalAIAContractB141 StandardFormofAgreementBetweenOwnerandArchitectwillbedraftedtoconsummatetheagreement betweentheparties. B.Thisproposalispredicatedonallservicesbeingrenderedwithin18monthsofthedateofsigning,orthe feewillbeadjusted,ifnecessary,toaccommodateanyincreasedcostsduetheA/E. C.TheClientand/ortheArchitectshallhavetherighttoabandontheProjectoranyportionthereinatany time.IfsucheventoccurstheArchitectshallbepaidthefullamountforservicesrenderedthroughtothe dateoftermination,plusallreimbursablecostsincurredinconnectionwiththeProject. GGOA D.willsecureadequatefoundationdesignfortheProjectbasedoncurrentgeotechnical investigation. GGOA E.willsecureatopographicsurveythatidentifiesthemeetsandboundsofthepropertyand alltopographicalfeaturesin1-0Óintervals.Thesurveywillalsoincludeadimensionallocationandspecies identificationofallmaturetreesthatmaybeimpactedbythesitingoftheProject.GGOAwill prepareallrequiredsiteandgradingplans. GGOA F.isprovidingprofessionalservicesbasedonourexpertiseinSustainableResidential Architectureandshallbesoidentifiedwhereappropriate.TheArchitectretainstherighttoidentifythe Project,withoutcompromisingtheClientinterests,forpromotional/marketingpurposes. Shouldyouhaveanyquestions,pleasedonothesitatetocontactme.Thankyouforallowingustosubmit thisproposal. Sincerely, GGOA GaryGeneOlp,AIA,NCARB Principal (signature) (date) UniversityParkCityManager (signature) (date) AGENDA MEMO (8/28/2007 AGENDA) DATE: August 22, 2007 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Pool Master Plan - Phase I BACKGROUND: In April 2007, City Council approved a design contract with The Brannon Corporation to develop concept plans for upgrades at the Curtis Park Swimming Pool. For the past few months, the Park Advisory Board has been working with Brannon to identify potential pool water features, mechanical upgrades and address ADA compliance issues. Based on the overall costs associated of the entire project, the Park Advisory Board has recommended separating the project into two phases. Phase I will consist of improvements to the Children’s Pool area and Phase II will address the main pool. RECOMMENDATION: Staff is requesting City Council consider approval of the Phase I of the Pool Master Plan and enter into a contract with The Brannon Corporation in the amount of $30,000.00 for design, construction and Phase I bid documents. Once approved, staff will review the project with the Capital Improvements Committee. Funding for the project will be supported by proceeds received from SMU associated with the sale of Potomac Park. ATTACHMENTS: Pool Master Plan – Phase I Concept Drawings Estimated Project Costs Brannon Corporation – Contract Proposal 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644