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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
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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.
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(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
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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
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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.
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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
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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
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an opportunity to ask questions in open forum regarding the CCR. During the July 3, City
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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.
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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:
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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