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AGENDA
#2719
CITY OF UNIVERSITY PARK
CITY COUNCIL MEETING
COUNCIL CHAMBER – CITY HALL MODULAR BUILDING
TUESDAY, SEPTEMBER 18, 2007
5:15 P.M.
4:00-5:00 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– Mayor James H. Holmes, IIII
PLEDGE OF ALLEGIANCE – Mayor James H. Holmes, III/Boy Scouts
–
INTRODUCTION OF COUNCILMayor James H. Holmes, III
INTRODUCTION OF STAFF– Finance Director Kent Austin
II.AWARDS AND RECOGNITION
DEPARTMENT PIN: Gabriel Bueno, Utilities Worker #1, 10 years.
III.CONSENT AGENDA
A.CONSIDER AND ACT: On Approval of a Service Agreement with Emergicon,
LLC for patient billing and collection service
B.CONSIDER AND ACT: On a Food Establishment Inspection and Environmental
Health Services Agreement for FY2008
C.CONSIDER AND ACT: On a Health Services Agreement with Dallas County
Health Department for FY2008
D.CONSIDER AND ACT: On Approval of City Council Meeting Minutes for
September 4, 2007
IV.MAIN AGENDA
A.PUBLIC HEARING: Proposed FY2008 Budget
B.CONSIDER AND ACT: On an Ordinance Adopting FY2008 Budget
C.CONSIDER AND ACT: On a Motion to Ratify the Property Tax Increase
reflected in the Budget
D.CONSIDER AND ACT: On an Ordinance Adopting 2007 Property Tax Rate
E.CONSIDER AND ACT: On an Ordinance Adopting Salary Plan
F.CONSIDER AND ACT: On a Resolution Updating the City Fee Schedule
G.CONSIDER AND ACT: On approval of Scope of Services for Carl Walker Inc.
to conduct a Parking Supply Demand Analysis and prepare a Strategic
Management Plan for Snider Plaza; and authorize the City Manager to sign a
contract for specified services
H.CONSIDER AND ACT: On an Ordinance amending the FY2007 Budget to
include the Parking Study for Snider Plaza
I.CONSIDER AND ACT: On an Interlocal Agreement with Cockrell Hill Police
Department
J.DISCUSS: City Council Meeting dates for the remainder of 2007
V. 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
(09/18/07 AGENDA)
DATE:
September 13, 2007
TO:
Honorable Mayor and
City Council Members
FROM:
David Ledbetter,
Fire Chief
SUBJECT:
Approval of Emergicon Service Agreement
The Fire Department is requesting approval of contractual services with Emergicon, LLC
for billing and collection services to assist in collecting past due patient debts and proper
filing of Medicare, Medicaid and Insurance claims. The Fire Department, Finance
Department and City Manger interviewed Southwest General Services, Resolve
Insurance Systems and Emergicon, LLC for these services and it was determined that
Emergicon was most tailored to our needs. Emergicon will also assist in reviewing the
Fire Department billing procedures to maximize the debt collection services.
The contract is for a two year period with the agreement that the City will pay Emergicon
eighteen percent (18%) of the total amount collected on past due accounts older than 120
days from the date of service. If the account is less than 120 days the City will pay
Emergicon six percent (6%) of the total amount collected.
Although their focus is on the insurance companies and third party payers, it will be
incumbent on Emergicon to sign a Business Associates Agreement with the City upon
approval of the contract stipulating the uses and disclosures that may be made on
Protected Health Information (PHI) of our patients according to the Health Insurance
Portability and Accountability Act (HIPAA). Our patients will not be contacted by
Emergicon for debt collection.
RECOMMENDATION:
The agreement has been reviewed and modified by the City
Attorney therefore the staff recommends that the agreement for services with Emergicon,
LLC be approved.
ATTACHMENTS:
Emergicon Service Agreement
EMERGICON SERVICE AGREEMENT
This Service Agreement (this “Agreement”) is entered into by and between Emergicon,
LLC, a Texas corporation (“Emergicon”), and the provider of emergency medical and/or
ambulance transportation services set forth on the signature page hereto (the “Provider”).
R
ECITALS
WHEREAS, Emergicon provides medical control services, billing and collections
services, continuing education programs, continuous quality improvement services, and other
clinical support services (the “Services”) to fire departments, ambulance providers, and other
medical emergency services;
WHEREAS, Provider, as part or all of its overall activities, provides emergency and/or
non-emergency medical and ambulance services, including emergency medical responses, and
other patient encounters and/or patient ambulance transportation (the “Ambulatory Services”);
and
WHEREAS, Provider is desirous of obtaining the Services of Emergicon.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties hereto agree as follows:
AO
RTICLE NE
TT
ERM AND ERMINATION
1.01 Term. Subject to the terms and conditions set forth herein and except as provided
in Section 1.02, the initial term of this Agreement shall be for a period of two (2) years from the
date of this Agreement (such initial term, together with all extensions thereof, shall be referred to
herein as the “Term”) This Agreement shall automatically renew at the end of the current Term
for a successive two-year Term unless either party gives written notice of its intention not to
renew sixty (60) days before expiration of the current Term.
1.02 Termination. Notwithstanding any provision of this Agreement to the contrary,
this Agreement may be terminated by either party, without cause and without liability (except for
continuing obligations during such period), upon thirty (30) days advance written notice to the
other party.
1.03 Obligations During Notice Period. During the 30-day notice period specified in
Sections 1.02, Emergicon shall be entitled to receive compensation for all Accounts (as defined
in Section 2.01) billed and/or collected with respect to the Services and for all other activities
performed pursuant to this Agreement, and shall be entitled, after the end of the termination
period to receive compensation for all amounts billed during the termination period but not
collected until after the end of the termination period.
1.04 Obligations on Termination. Upon termination of the Agreement, for whatever
cause, Emergicon will immediately return all original medical records to Provider and may, at
Emergicon’s sole discretion, provide to Provider a digital copy on a CD-ROM of all paper
records related to Provider.
1.05 Mailing of Notices. Any notice required or permitted pursuant to this Agreement
shall be in writing and shall be deemed sufficient when delivered personally or sent by telegram
or fax or forty-eight (48) hours after being deposited in the U.S. mail, as certified or registered
mail, with postage prepaid, addressed as follows:
(a)If to the Provider:
The City of University Park
3800 University Blvd
University Park, Texas 75205
Attention:____________________
Fax: ________________________
(b)If to Emergicon:
Emergicon, LLC
PO Box 180446
Dallas, Texas 75218
Attention: _Christopher Turner__
Fax: __214______328-0749______
Each party shall be entitled to specify a different address by giving five days’ written
notice to the other party. All such notices and communications shall be deemed to be received
the same day if by fax (provided the sender has a fax machine/fax database generated proof of
receipt) and in three (3) business days if by mail.
AT
RTICLE WO
B&C
ILLING OLLECTIONS
2.01 Billing. During the Term, Emergicon shall be responsible for the billing of
charges and fees relating to the Services as directed by and provided by Provider, including, but
not limited to, private insurance, Medicare, Medicaid, and other governmental programs relating
to:
(a) patient encounters that occur during the Term; and
(b) other patient encounters forwarded to Emergicon for billing.
(Note: each set of such charges and fees for the Services related to an individual patient
encounter may be referred to herein as an “Account” or, collectively, the “Accounts”).
2.02 Compensation. In consideration for Emergicon providing the Provider with the
agreed upon billing services described in this Article Two, the Provider will pay Emergicon
eighteen percent (18%) of the total amount collected on the Account if the Account is older than
one hundred twenty (120) days from the date of service. If the Account is less than one hundred
twenty (120) days from the date of service, the Provider will pay Emergicon six percent (6%) of
the total amount collected on the Account. All fees shall be payable monthly within fifteen (15)
days of receipt of invoice.
2.03 Copies of Records. From time to time, Emergicon may receive requests from
patients or the representatives of patients for copies of treatment records. Emergicon will
forward all requests for medical records to Provider. The Provider shall be responsible for
responding to all such requests.
2.04 Payment Arrangement Authority. Provider hereby grants Emergicon authority to
enter into a payment arrangement on its behalf with patients charged for the Ambulatory
Services if (a) the payment is for the full amount of a bill and (b) the length of the payments does
not exceed twelve (12) months. Provider will be made aware of any payment arrangements and
prior to any payment arrangement exceeding twelve (12) months. Emergicon will not waive co-
payments and co-insurance payments.
2.05 Records of Patient Encounters.
(a) Provider shall use its reasonable best efforts to forward all original medical
records of each patient encounter to Emergicon within five (5) days of such patient encounter.
Such records shall be deemed to be the property of Provider, but Emergicon shall have the right
to duplicate and retain paper or electronic copies of the records. If the records exist only in
electronic form, each electronic copy shall be deemed to be an original for the purposes of this
Agreement.
(b) Provider acknowledges that Emergicon has no responsibility for complying with
all provisions of Title 42 C.F.R. Section 410.40 which states, in part, that an ambulance service
bears the responsibility for obtaining Physician Certification Statements (“PCS’s”). Provider
further understands and concurs that Emergicon is neither an ambulance service nor an
ambulance provider within the definitions as set forth by the Centers for Medicare and Medicaid
Services.
2.06 Requests for Copies. Requests for copies of medical records should be submitted
directly to Emergicon. Either Emergicon or Provider may authorize release of the records such
that the release is in accordance with the standards and time requirements established by State
and Federal law, including but not limited to the requirements of Section 773.091 Texas Health
and Safety Code.
2.07 Activity Reports. Emergicon shall provide to Provider a monthly report of all
billing activities that occurred during the preceding month.
2.08 Information Received by Provider. To the extent that Provider receives payments
or original copies of documentation directly, Provider shall forward to Emergicon copies of
checks, Explanations of Benefits and/or other documentation within five (5) days of the date of
receipt of payment by Provider.
2.09 Support Services. Emergicon will provide patients and personnel of Provider
with telephone support services during normal business hours (Monday - Friday from 9:00 a.m.
to 5:00 p.m.) except on public holidays or other holidays as established by Emergicon.
2.10 Obligation for Payment. Payment in accordance with this Article Two shall be
due and owing to Emergicon by Provider for all Accounts collected during the Term and
collected after the Term but billed during the Term regardless of whether payment was made to
Emergicon or to Provider and regardless of whether Emergicon is used as the billing agent.
Emergicon and Provider agree that the purpose of this Section 2.10 is to guarantee that
Emergicon is the only provider engaging in billing services on behalf of Provider. Emergicon
acknowledges that the Provider has an existing contract for Accounts that are considered
delinquent or in a “collections service” status and will not bill for those Accounts.
AT
RTICLE HREE
IFB
NDEMNIFICATION AND IDELITY OND
3.01 Emergicon’s Indemnification. Emergicon shall indemnify and hold harmless
Provider from and against claims, damages, losses and expenses, including but not limited to
attorneys’ fees, arising out of or resulting from Emergicon’s performance of activities pursuant
to this Agreement, but only to the extent caused by the willful misconduct or the negligent acts
or omissions of Emergicon. The indemnification provided for herein shall not be applicable to
any claim of adjustment or request for reimbursement made by an insurance company or any
servicing agency for Medicare or Medicaid that may be made as the result of an audit of claims
made or governmental regulations or laws, including Emergicon’s fees charged, except for any
adjustments or claims for reimbursement made as a direct result of Emergicon’s error.
3.02 Fidelity Bond. Emergicon shall keep and maintain during the term of this
Agreement a fidelity bond with a qualified insurer of no less than $10,000.00.
3.03 Insurance. Emergicon shall keep and maintain during the term of this Agreement
Errors & Omissions Liability insurance with a qualified insurer of no less than $1,000,000.00.
The Provider shall be named as an additional insured by endorsement to said policy, and
Emergicon shall furnish the Provider a certified copy of said policy as so endorsed. Emergicon
shall also furnish a Certificate of Insurance reflecting such coverage and providing at least
twenty (20) days notice to the Provider of any cancellation of such policy,
AF
RTICLE OUR
C
ONFIDENTIALITY
4.01 Property of Emergicon. Provider agrees that Emergicon’s equipment, computer
hardware and software, billing and collection processing, and other related systems and
equipment are the property and trade secrets of Emergicon, and that Provider will not release any
information regarding such trade secrets to any third party without the prior written consent of
Emergicon.
4.02 Fact of Contractual Relationship May Be Disclosed. Notwithstanding the
foregoing, either party may, without the prior written consent of the other party, disclose the
existence of a contractual relationship between the parties.
AF
RTICLE IVE
A
UDITS
5.01 Accurate Books and Records. During the Term and for a period of three (3) years
thereafter, each party agrees to maintain accurate books and records associated with the billing
and collections made the subject of this Agreement.
5.02 Right to Audit. Upon reasonable written notice, either party may audit the books
and records of the other party insofar and only insofar as such books and records relate or pertain
directly to this Agreement. Such audit shall be conducted at the office of the party being audited,
shall be during normal business hours, and shall be at the sole cost and expense of the party
conducting the audit.
5.03 Penalty for Underpayment. If an audit reveals that a party has failed to pay any
amount or portion of any amount due or payable under this Agreement and such amount is in
excess of Twenty Thousand Dollars ($20,000.00), the party being audited shall pay to the
auditing party the full cost of the audit and the full amount due or payable plus interest at the rate
of ten percent (10%) per annum from the date(s) of non-payment.
AS
RTICLE IX
PHI
ROTECTED EALTHNFORMATION
6.01 HIPAA Compliance. Emergicon shall carry out obligations under this Agreement
in compliance with the privacy regulations pursuant to Public Law 104-191 of August 21, 1996,
known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F –
Administrative Simplification, Sections 261, et seq., as amended (“HIPAA”), to protect the
privacy of any personally identifiable protected health information (“PHI”) that is collected,
processed or learned as a result of the services provided pursuant to this Agreement. In
conformity therewith, Emergicon agrees that it shall:
a) Not use or further disclose PHI except as permitted under this Agreement
or required by law;
b) Use appropriate safeguards to prevent use or disclosure of PHI except as
permitted by this Agreement.
c) Mitigate, to the extent practicable, any harmful effect that is known to
Emergicon of a use or disclosure of PHI by Emergicon in violation of this Agreement;
d) Report to Provider any use or disclosure of PHI not provided for by this
Agreement of which Emergicon becomes aware;
e) Ensure that agents or subcontractors to whom Emergicon provides PHI, or
who have access to PHI, agree to the same restrictions and conditions that apply to Emergicon
with respect to such PHI;
f) Make PHI available to Provider and to the individual who has a right of
access as required under HIPAA within ten (10) days of the request by Provider on behalf of the
individual;
g) Incorporate any amendments to PHI when notified to do so by Provider;
h) Provide an accounting of all uses or disclosures of PHI made by
Emergicon as required under the HIPAA privacy rule within sixty (60) days; and
i) Make its internal practices, books and records relating to the use and
disclosure of PHI available to the Secretary of the Department of Health and Human Services for
purposes of determining Emergicon’s and Provider’s compliance with HIPAA.
6.02 HIPAA Disclosures. The specific uses and disclosures of PHI that may be made
by Emergicon on behalf of Provider include:
a) The preparation of invoices to patients, carriers, insurers and others
responsible for payment or reimbursement of the services provided by Provider to its patients;
b) Preparation of reminder notices and documents pertaining to collections of
overdue Accounts;
c) The submission of supporting documentation to carriers, insurers and
other payers to substantiate the health care services provided by Provider to its patients or to
appeal denials of payments for same;
d) The preparation and release of medical records to patients or their legal
representatives as permitted by HIPPA privacy rule;
e) Uses required for the proper management of Emergicon as a business
associate; and
f) Other uses or disclosures of PHI as permitted by HIPAA privacy rule.
AS
RTICLE EVEN
M
ISCELLANEOUS
7.01 No Waiver. The failure of either party to insist upon strict performance of any
provision of this Agreement shall not be construed as a waiver of any subsequent breach of the
same or similar nature.
7.02 Provisions Construed Separately. The parties agree that each provision of this
Agreement shall be construed as separable and divisible from every other provision and that the
enforceability of any one provision shall not limit the enforceability, in whole or in part, of any
other provision hereof. In the event that a court of competent jurisdiction determines that any
term or provision herein shall be invalid or unenforceable, the remaining terms and provisions of
this Agreement shall not be affected thereby, and shall be interpreted as if the invalid term or
provision were not a part hereof.
7.03 Final Agreement. This Agreement sets forth the entire, final and complete
understanding between the parties hereto relevant to the subject matter of this Agreement. No
waiver or modification of any of the terms or conditions of this Agreement shall be effective
unless in writing and signed on behalf of both parties.
7.04 Performance of Agreement, Venue; Choice of Law. Provider understands and
agrees that Emergicon will be performing this contract in Dallas County, Texas. The venue for
any disputes or causes of action that may arise out of this Agreement is the state and county
courts located in Dallas County, Texas. The provisions of this Agreement shall be determined in
accordance with the laws of the State of Texas excluding the choice of law provisions thereof.
7.05 Headings. The headings of this Agreement are for ease of reference only and are
not intended to limit or restrict the terms hereof.
7.06 Binding Nature of Agreement. This Agreement is binding upon the heirs, legal
representatives, successors and assigns of the parties hereto.
7.07 Compliance with Laws Generally. Emergicon shall comply with all applicable
laws, orders, rules, or regulations of all governmental agencies bearing on its performance
hereunder. If so requested by Provider, Emergicon shall submit appropriate evidence of such
compliance.
7.08 Independent Contractor. It is understood and agreed that Emergicon is an
independent contractor. Nothing herein contained shall be construed to create any partnership,
joint venture, or joint enterprise between the parties.
7.09 Non-Profit Status Determination Letter. If Provider is a not-for-profit entity,
Provider shall provide a duplicate of its letter determining its not-for-profit status with the
Internal Revenue Service. In providing such letter, Provider further represents and warrants to
Emergicon that it has done every act necessary to maintain its not-for-profit status with the
Internal Revenue Service and is not aware of any pending, threatened or actual revocation of its
not-for-profit status.
7.10 Appendices; Amendments. Emergicon and Provider may, by written amendment
to this Agreement, alter the terms hereof, or incorporate various appendices to this Agreement
from time to time and at any time regarding additional services, provided that any such
amendment has been approved by official action of each party’s governing body. Such
appendices shall be considered part of this Agreement as if set forth herein at length unless such
appendix provides otherwise.
7.11 Assignment. Neither party shall assign or otherwise transfer this Agreement, any
interest in this Agreement, or any right or obligation hereunder to any other party without the
written consent of the other party.
7.12 Attorneys’ Fees. Should it become necessary for either party to employ an
attorney to enforce any of the terms and conditions hereof, including the collection of fees, the
prevailing party shall recover all expenses so incurred, including a reasonable attorneys' fee,
from the non-prevailing party.
[S]
IGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, Emergicon and the Provider have executed this Agreement
on the _____ day of __________ 2007, and shall be EFFECTIVE as of the _____ day of
____________ 2007.
EMERGICON, L.L.C.
By:
Name: Christopher Turner
Title: President & CEO
The City of University Park, Texas
By:
Name: Bob Livingston,
Title: City Manager
553488
0958/00002
AGENDA MEMO
(09/18/07 AGENDA)
DATE: September 12, 2007
TO: Honorable Mayor and City Council
FROM: Kate Smith, City Secretary/Assistant to the City Manager
SUBJECT: FOOD ESTABLISHMENT AND INSPECTION &
ENVIRONMENTAL HEALTH SERVICES AGREEMENT FY 2008
ITEM:
Attached is a draft agreement for October 1, 2007 thought September 30, 2008 for food
establishment inspections and environmental health services with the Dallas County
Department of Health and Human Services. Please note that Dallas County has used
Highland Park for the attached draft agreement but upon approval by Dallas County, the
final document that will come to us for signature will be specific to University Park. This
item will appear on the Dallas County Commissioners’ Court Agenda on September 18,
2007 for final approval.
RECOMMENDATION:
It is staff’s recommendation that this agreement be approved.
ATTACHMENTS:
Draft agreement
(Draft)
STATE OF TEXAS § INTERLOCAL AGREEMENT FOR FOOD
§ ESTABLISHMENT INSPECTION AND
§ ENVIRONMENTAL HEALTH SERVICES BETWEEN
§ DALLAS COUNTY, ON BEHALF OF DALLAS
§ COUNTY HEALTH AND HUMAN SERVICES, AND
COUNTY OF DALLAS § CITY/TOWN
1. PARTIES
This Interlocal Agreement (“Agreement”) is made by and between the City/Town of Town of
Highland Park, Texas (“City/Town”), a governmental entity, and Dallas County (“County”), on behalf
of Dallas County Health and Human Services (“DCHHS”), also a governmental entity, pursuant to
the authorities granted by Texas Local Government Code Chapter 791, Interlocal Cooperation Act,
Texas Health and Safety Code Chapters 437, Food and Drug Health Regulations, and 121, Local
Regulation of Public Health, and any other applicable laws, as well as the City/Town ordinance for
inspection services of food establishments within City/Town’s jurisdiction and other environmental
health services to City/Town.
2. TERM
This Agreement is effective from October 1, 2007 through September 30, 2008, unless otherwise
stated in this Agreement.
3. INSPECTION SERVICES AND REQUIREMENTS
A. County will perform a minimum of two (2) inspections per Agreement Term of each food
establishment for which the City/Town has submitted an inspection request and for which a
fee has been collected from the said food establishment;
B. Additional follow-up inspections will be performed as deemed necessary by County;
C. Any additional request for follow-up inspections by City/Town of food establishments,
including food establishments that are closed due to non-compliance with the State and
other applicable rules and regulations will be charged additional fees;
D. Each food establishment inspection will be made by a Registered Professional Sanitarian
employed by DCHHS, in compliance with all state laws and regulations;
E. An examination of the following will be made during each inspection: food and food
protection; personnel; food equipment and utensils; water source; sewage; plumbing; toilet
and hand-washing facilities; garbage and refuse disposal; insect, rodent, and animal control;
floors, walls, and ceiling; light; ventilation; and other operations.
4. BUDGET AND PAYMENT TO COUNTY
A. City/Town will collect and submit to the County a minimum of One Hundred Fifty and 00/100
1
Dollars ($150.00) per Agreement Term.
B. Beginning with the third food establishment inspection, City/Town will pay a Seventy Five
and 00/100 Dollars ($75.00) fee for each additional inspection requested by City/Town.
C. City/Town will collect Seventy Five and 00/100 Dollars ($75.00) to be paid to the County for
a re-opening or inspection fee of a food establishment that has been closed due to non-
compliance of Chapter 437 of the Texas Health and Safety Code, or any other state rules
and regulations.
D. The fees are subject to change, upon prior written notice to City/Town, if additional cost is
associated with the services under this Agreement
E. City/Town shall pay County the stipulated fees within thirty (30) days of the monthly request
for payment, or if County fails to make the payment request, then City/Town shall pay the
stipulated fees no later than the last date of this Agreement Term. Any payment not made
within thirty (30) days of its due date shall bear interest in accordance with Chapter 2251 of
the Texas Government Code.
5. OTHER ENVIRONMENTAL HEALTH SERVICES
A. Upon written request from City/Town, County will respond to Vector and/or Mosquito Control
complaints. Ground application services will include spraying for adult mosquitoes
(“adulticiding”), and treating standing water (“larvaciding”) services.
B. In the event aerial spraying is needed to control St. Louis Encephalitis or West Nile virus
throughout the County, City/Town will have the option to participate in the County’s
emergency aerial mosquito spraying plan. Should City/Town agree to participate in the
plan, City/Town must provide written notice to County and agree to the following:
1) Indicate the areas and amount of acres to be sprayed; and
2) Pay City/Town’s proportioned share of the cost based upon the number of acres to
be sprayed multiplied by the per-acre spraying cost.
6. RECORDS
City/Town shall have the sole responsibility of responding to requests for records of food inspection
results produced under this Agreement. County will make its best effort to forward any requests for
such records that it received to City/Town within three business days after County’s receipt of such
requests.
7. TERMINATION
A. Without Cause: This Agreement may be terminated in writing, without cause, by either party
upon thirty (30) days prior written notice to the other party;
B. With Cause: The County reserves the right to terminate the Agreement immediately, in
whole or in part, at its sole discretion, for the following reasons:
1) Lack of, or reduction in, funding or resources;
2
2) Non-performance;
3) City’s improper, misuse or inept use of funds or resources; and/or
4) City’s submission of data, statements and/or reports that are incorrect, incomplete
and/or false in any way.
8. CITY/TOWN ORDINANCE
In order for this Agreement to be valid, the City/Town must have or adopt a City/Town ordinance
that provides for the inspection of food establishments by a Registered Professional Sanitarian.
City/Town must require the payment of a fee(s) by each food establishment. Ordinance
enforcement shall be the responsibility of the City/Town.
9. INDEMNIFICATION
County and City/Town, including their respective employees and elected officials, agree that
each shall be responsible for its own negligent acts or omissions or other tortious conduct
in the course of performance of this Agreement, without waiving any governmental immunity
available to County or City/Town under Texas and other applicable laws and without waiving
any available defenses under Texas and other applicable laws. Nothing in this paragraph
shall be construed to create or grant any rights, contractual or otherwise, in or to any third
persons or entities.
10. INSURANCE
City/Town agrees that it will at all times during the term of this Agreement maintain in full force and
effect insurance, or self-insurance, to the extent permitted by applicable law under a plan of self-
insurance, that is also maintained in accordance with sound accounting practices. It is expressly
agreed that City/Town will be solely responsible for all cost of such insurance; any and all
deductible amounts in any policy; and in the event that the insurance company should deny
coverage.
11. NOTICE
Any notice or certification required or permitted to be delivered under this Agreement shall be
deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours after
deposit of the same in the United States Mail, postage prepaid, certified, or registered, return
receipt requested, properly addressed to the contact person shown at the respective addresses set
forth below, or at such other addresses as shall be specified by written notice delivered in
accordance herewith:
COUNTY CITY/TOWN
Zachary Thompson, Director Town of Highland Park
Dallas County Health & Human Svcs. ____________________________
2377 N. Stemmons Frwy., Suite 600 ____________________________
Dallas, Texas 75207-2710 ____________________________
12. ENTIRE AGREEMENT AND AMENDMENT
3
This Agreement, including any Exhibits and Attachments, constitutes the entire agreement between
the parties and supersedes any other agreements concerning the subject matter of this transaction,
whether oral or written. No modification, amendment, novation, renewal or other alteration of this
Agreement shall be effective unless mutually agreed upon in writing and executed by the parties.
13. COUNTERPARTS, NUMBER/GENDER AND HEADINGS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument. Words of any gender used in
this Agreement shall be held and construed to include any other gender. Any words in the singular
shall include the plural and vice versa, unless the context clearly requires otherwise. Headings are
for the convenience of reference only and shall not be considered in any interpretation of this
Agreement.
14. SEVERABILITY
If any provision of this Agreement is construed to be illegal, invalid, void or unenforceable, this
construction will not affect the legality or validity or any of the remaining provisions. The
unenforceable or illegal provision will be deemed stricken and deleted, but the remaining provisions
shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.
15. FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained in this Agreement, the obligations of the County under
this Agreement is expressly contingent upon the availability of funding for each item and obligation
for the term of the Agreement and any pertinent extensions. City/Town shall not have a right of
action against County in the event County is unable to fulfill its obligations under this Agreement as
a result of lack of sufficient funding for any item or obligation from any source utilized to fund this
Agreement or failure to budget or authorize funding for this Agreement during the current or future
fiscal years. In the event that County is unable to fulfill its obligations under this Agreement as a
result of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may
provide funds from a separate source or may terminate this Agreement by written notice to
City/Town at the earliest possible time prior to the end of its fiscal year.
16. DEFAULT/CUMULATIVE RIGHTS/MITIGATION
It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delays
in taking any action. The rights and remedies provided by this Agreement are cumulative, and
either party’s use of any right or remedy will not preclude or waive its right to use any other remedy.
These rights and remedies are in addition to any other rights the parties may have by law, statute,
ordinance or otherwise. Both parties have a duty to mitigate damages.
17. SOVEREIGN IMMUNITY
This Agreement is expressly made subject to City/Town’s and County’s
Sovereign/Governmental Immunity, including Title 5 of the Texas Civil Remedies Code and
all applicable State and Federal Laws. The parties expressly agree that no provision of this
Agreement is in any way intended to constitute a waiver or any immunities from suit or from
liability that City/Town or County has by operation of law. Nothing in this Agreement is
intended to benefit any third party beneficiary.
4
18. COMPLIANCE OF LAWS AND VENUE
In providing services required by this Agreement, City/Town and County must observe and comply
with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or
materials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations.
Texas law shall govern this Agreement and venue shall lie exclusively in Dallas County, Texas.
19. RELATIONSHIP OF PARTIES
City/Town is an independent contractor and not an agent, servant, joint enterpriser, joint venturer or
employee of County. City/Townand County agree and acknowledge that each entity shall be
responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or
employees in conjunction with the performance of work covered under this Agreement.
20.SIGNATORY WARRANTY
City/Town and County represent that each has the full right, power and authority to enter and
perform this Agreement in accordance with all of the terms and conditions, and that the execution
and delivery of Agreement have been made by authorized representatives of the parties to validly
and legally bind the parties to all terms, performances and provisions set forth in this Agreement.
The City/Town of Highland Park has executed this Agreement pursuant to duly authorized
City/Town Council Resolution No. __________________, dated ___________________________,
200_____. The County of Dallas has executed this Agreement pursuant to Commissioners Court
Order No. _______________________, on this ___________ day of _______________ 200_____.
EXECUTED THIS _________ DAY OF ________________________ 200____.
COUNTY:CITY/TOWN:
____________________________________ ______________________________________
BY: Jim Foster BY:
County Judge City/Town Manager/Mayor
Recommended:
_________________________________
BY: Zachary Thompson
Director, DCHHS
5
*Approved as to Form:
_________________________________
BY: Bob Schell
Chief, Civil Division
Assistant District Attorney
*By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its
clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this
document was conducted solely from the legal perspective of our client. Our approval of this document was
offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek
review and approval by their own respective attorney(s).
6
AGENDA MEMO
(09/18/07 AGENDA)
DATE: September 12, 2007
TO: Honorable Mayor and City Council
FROM: Kate Smith, City Secretary/Assistant to the City Manager
SUBJECT: CONTRACT FOR HEALTH SERVICES FY 2008 FROM DALLAS
COUNTY HEALTH & HUMAN SERVICES DEPARTMENT
ITEM:
Each year, we receive a renewal for the contract for health services from Dallas County.
The city agrees to pay the county the sum of $48.00 for the fiscal year October 1, 2007
through September 30, 2008, which is the agreed upon city’s share of the total const less
federal and state funding. Health services include tuberculosis control, sexually
transmitted disease control, communicable disease control and laboratory services.
RECOMMENDATION:
Staff recommends approval of this contract.
ATTACHMENTS:
Agreement
MINUTES
#2718
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
COUNCIL CHAMBER – CITY HALL MODULAR BUILDING
TUESDAY, SEPTEMBER 4, 2007, 5:15 P.M.
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, Jerry Grable and Kelly Walker. Also in attendance were City
Manager Bob Livingston, City Attorney Rob Dillard and Assistant City Secretary Brandy Voge.
AWARDS AND RECOGNITION
DEPARTMENT PINS: City Manager Bob Livingston presented Sanitation Driver III, Lupe
Gracia, with a 25 year pin, Maintenance Technician II, Streets Division, Rene Rodriguez, with
a 20 year pin and Maintenance Technician II, Utilities Division, Octavio Villa, with a 10 year
pin.
Mayor Pro-Tempore Shawver moved approval of the Consent Agenda. Councilmember Carter
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER AND ACT ON AN ORDINANCE AMENDING THE BOUNDARY
ADJUSTMENT AGREEMENT WITH THE CITY OF DALLAS ON NORTHWEST
PARKWAY: This ordinance replaces Ordinance 07/08 dealing with the annexation of the strip
of land adjacent to Northwest Parkway, between Airline and Hillcrest. The previous ordinance
included a service plan, prepared by City of Dallas staff, which was not germane to a six-foot
wide strip of parkway. The new ordinance replaces the service plan with one that is more
appropriately defined.
CONSIDER AND ACT ON AN ANNUAL INTERLOCAL AGREEMENT WITH DALLAS
COUNTY TO COORDINATE A COUNTY-WIDE HOUSEHOLD HAZARDOUS WASTE
DISPOSAL PROGRAM FOR FY2008: This Interlocal Agreement with Dallas County is an
annual renewal of the Household Hazardous Waste Disposal Program that was initiated in 1994.
Citizens of University Park have used either local events, usually held quarterly in one of the
local communities, or the Home Chemical Collection Center (located at 11232-34 Plano Road)
to dispose of their paint, herbicides, pesticides, etc. University Park’s annual contribution to the
program is funded as a $25,000 expenditure from the proposed Sanitation Division FY 2008
Budget.
CONSIDER AND ACT ON AN ADDENDUM TO THE CONTRACT WITH R.L. GOODSON
IN THE AMOUNT OF $26,500 TO PROVIDE ENGINEERING SERVICES ASSOCIATED
WITH THE DEVELOPMENT OF A HYDRAULIC ANALYSIS OF TURTLE CREEK SOUTH
OF CITY HALL (PROJECT NO. 48700): At the December 19, 2006 meeting, the City Council
approved a contract with R.L. Goodson to perform engineering services associated with the
modeling of stormwater flows in Turtle Creek south of City Hall. Since December, the
consultant has developed the hydraulic model to the extent of conceptualizing the general type
and size of the proposed McFarlin bridge replacement structure. In order to expedite the project,
staff has asked him to expand on his scope of services to consider the impact of alternatives for
the existing dam downstream of McFarlin. The proposed addendum will conclude with specific
recommendations for the McElvaney Dam and the replacement of the McFarlin Bridge. Staff
requested that that “Limit of Liability” clause be removed from the contract.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: FOR AUGUST 28,
2007.
MAIN AGENDA
PUBLIC HEARING ON PROPOSED FY2008 BUDGET AND PROPERTY TAX RATE:
Texas statutes require that cities provide notice and hold public hearings before adopting an
annual budget and property tax rate. Mayor Holmes opened the Public Hearing. 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 and sewer
service, 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. The Employee Benefits
Advisory Committee met August 30 to review the salary and benefits elements of the budget.
Following review, they unanimously recommended approval of the proposed FY2008 budget.
The Property/Casualty/Liability Insurance will meet August 31, 2007. 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. 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 Dallas County Tax Assessor-Collector performs the effective tax rate
calculation. 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 $186
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. Mayor Holmes closed the Public Hearing
and noted that adoption of the budget and tax rate is scheduled for the September 18 meeting.
CONSIDER AND ACT ON APPOINTMENT OF A BUILDERS COMMITTEE TO WORK
WITH THE CONSULTANT IN REVIEWING DEVELOPMENT ISSUES IN THE SINGLE
AND MULTI-FAMILY DISTRICTS: On April 3, 2007, City Council approved the Scope of
Services for Dan Sefko and Associates to review and make recommendations for updating the
current building and development standards in the Single Family and Multi-Family Zoning
Districts. As part of that review process, staff is proposing to incorporate the participation and
input from a Builders Steering Committee. In addition to this Committee, the consultant will
also work with the Zoning Ordinance Advisory Committee (ZOAC) and the Planning and
Zoning Commission before final recommendations are forwarded to City Council. Staff
recommended appointment of the following builders: for Single Family Construction: Gage
Pritchard, George Lewis and Rusty Golf, and for Multi-Family Construction: Richard Means,
Don Gale and Matt Franklin. Councilmember Grable moved approval of appointment of the
builders committee to work with the consultant in reviewing development issues in the single
and multi-family districts. Councilmember Carter seconded, and the vote was unanimous to
appoint the builders committee.
CONSIDER AND ACT ON APPROVAL OF COMPUTER SOFTWARE AND SERVER
ENHANCEMENTS AND UPGRADES: Over the past year, the Information Services
Department has been heavily involved in building the computing infrastructure to support two
personnel moves, and the new Peek Dispatch Center. As a result of the required time
commitment to plan and successfully complete those projects, there are a number of planned and
budgeted system upgrades and enhancements that were delayed. Item #1: HTE Naviline Police,
Fire, and EMS Application User Interface. The HTE Naviline application user interface is a web
browser-based method to access the data contained in the Crimes, Fires, and EMS systems. It
allows the end users to retrieve the information using software with the look-and-feel of
browsing an Internet web site. HTE is recommending this change for all of their clients, and
supporting it with reduced annual maintenance costs. Sungard HTE Naviline licensing, training,
and implementation will cost $22,343.00 and the Dell Naviline Server, $3,779.25. This project
was budgeted in 2006, and the funds were carried over to the 2007 budget. Item #2: QREP Web
Public Safety Reporting Software. The HTE QREP Web Reporting System is required to make
Police, Fire, and EMS Calls for Service reports easily available with the Computer-Aided
Dispatch Version 6 software which has been in use since the Peek Dispatch Center was activated
on June 27, 2007. Sungard HTE QREP Web licensing and training will cost $10,040.00 and the
Dell QREP Web Server, $3,779.25. This project was budgeted in 2006, and the funds were
carried over to the 2007 budget. Item #3: Citrix Presentation Server Upgrade. The introduction
of Citrix into the City’s network infrastructure has allowed both Staff and Council secured access
to data, and simplified the process of application support. The City is using the most basic
version of Citrix Presentation Server for doing application deployment and providing remote
access. With the purchase of the Platinum version of Citrix Presentation Server, a higher level of
service to the end user will be provided, and more tools will be available to help increase data
security and make the experience friendlier. There were four bidders for the Citrix Presentation
Server 4.5 upgrade. Staff recommends the low bidder, Dell Corporation for $21,319.71. Funds
are available in the 2007 Information Services budget. Item #4: AppSense Environment
Manager. With the introduction of Citrix, and having many users access one computer to save
cost, user profile management has become a daunting task. There are constant corruption
problems with the user profiles, and inconsistencies in roaming profiles. With Environment
Manager the IS Department would be able to provide a standard desktop environment to be
delivered and maintained for all users, ensuring enforced protection from unauthorized changes.
There were three bidders for the AppSense Environment Manager software. Staff recommends
the low bidder, MTM Technologies for $6,735.50. Funds are available in the 2007 Information
Services budget. Item #5: Planned Replacement of the LaserFiche Document Imaging Server.
In June, 2003 the City implemented the LaserFiche Document Imaging software to capture
electronic copies of all agendas, minutes, resolutions, and ordinances, as well as Planning and
Zoning, Board of Adjustment, and building permit data. As part of the IS Department’s planned
replacement program for servers, the 4 year old LaserFiche file server requires an upgrade. The
cost of the Dell LaserFiche Server is $3,779.25. This server is included in the approved 2007
Information Services budget, and funds are available. Item #6: Planned Replacement of the
Engineering Server. The Engineering File Server contains the City’s parcel, tax roll, building
permitting, and code enforcement data, as well as the City’s map data. As part of the IS
Department’s planned replacement program for servers, the 4.5 year old Engineering file server
requires an upgrade. The cost of the Dell Engineering Server is $3,779.25. This server is
included in the approved 2007 Information Services budget, and funds are available.
Councilmember Walker moved approval of the computer software and server enhancements and
upgrades. Councilmember Grable seconded, and the vote was unanimous to approve the
computer software and server enhancements and upgrades.
CONSIDER AND ACT ON A RESOLUTION DENYING 2006 ATMOS GRIP RATE
INCREASE: This Resolution denies the Atmos Gas Rate Infrastructure Program increase
request for 2006, known as GRIP 4. This action is recommended by the Atmos Cities Steering
Committee (ACSC). The Committee’s purpose is to assist its member cities in reviewing
requests by Atmos Energy Corp. (formerly TXU Gas) for natural gas rate changes. The City
Council suspended the effective date of the GRIP request on July 3, 2007. This action was also
recommended by the ACSC. During the suspension period, consultants and legal counsel for the
Steering Committee have examined the details of the GRIP request. The consultant identified
$3.4 million in expenditures that should be excluded from the GRIP calculation. While this is
not a large amount given the overall size of the GRIP request, excluding these items will benefit
ATMOS customers by reducing the proposed GRIP surcharge. ATMOS will likely appeal this
action to the State Railroad Commission, which is the appellate body for natural gas rate cases.
Councilmember Carter moved approval of the Resolution denying the 2006 Atmos GRIP rate
increase. Councilmember Walker seconded, and the vote was unanimous to approve the
Resolution denying the 2006 Atmos GRIP rate increase.
RESOLUTION NO. 07-17
A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, DENYING THE
REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS
RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS
MUNICIPALITY, AS A PART OF THE COMPANY’S STATEWIDE GAS UTILITY
DISTRIBUTION SYSTEM; SUPPORTING STATUTORY REFORM OF THE TEXAS GRIP
STATUTE, FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED
IS OPEN TO THE PUBLIC; AND PROVIDING FOR NOTICE OF THIS RESOLUTION TO
ATMOS ENERGY CORP., MID-TEX DIVISION AND THE CITY'S LEGISLATIVE
DELEGATION.
RECEIVE INFORMATION REGARDING REVISIONS TO DART BUS LINES IN
UNIVERSITY PARK: Director of Public Works Bud Smallwood met with one of the System
Planners for DART regarding modifications they are suggesting that will affect bus routes within
University Park. Because of declining ridership in this part of their system, DART staff is
proposing to combine a couple of routes into a new line (route #539). The proposed 539 would
run from the Mockingbird Station west along Mockingbird to Hillcrest and run north on Hillcrest
to Lovers Lane, and then west to Love Field. They are proposing about fifty trips per day
(twenty-five in each direction). The old route #21 along Hillcrest north of Lovers would be
eliminated, and the route #8 running north of Lovers along Douglas would be eliminated. With
City Council concurrence, DART will make all public notifications and will plan to implement
the service changes in March of 2008. Councilmember Walker moved approval to authorize city
staff to provide a written acknowledgement to DART approving their revised service plan.
Councilmember Carter seconded, and the vote was unanimous to provide DART with a written
acknowledgement approving their revised service plan.
DISCUSS DATES IN OCTOBER OR NOVEMBER FOR AN UPCOMING 2 HOUR
INCIDENT COMMAND COURSE TO BE GIVEN BY DR. THOMAS RUSSELL: Staff
requested that the Mayor and Council decide on a time to meet for a two-hour training course on
an overview of the Incident Command System (ICS). The program was recently released by the
Federal Emergency Management Agency (FEMA) with a target audience of elected officials and
senior staff members. The course will be taught by one of the recent Leadership UP graduates
and member of the city’s RACES group, Thomas Russell, M.D. After some discussion, the date
of October 2, 2007 at 1:30 p.m., prior to the scheduled City Council meeting, was decided upon.
ITEMS FROM THE FLOOR
Ms. Kitty Holleman, 3939 Marquette, stated that she felt the Bush Library should be placed at
the Hillcrest State Bank site and that this would be a much more appropriate location and would
be a great entrance to Snider Plaza and SMU. She also stated that SMU should build student
housing where the Bush Library is proposed.
There being no further business, the meeting was adjourned.
th
PASSED AND APPROVED this 18 day of September 2007.
James H. Holmes, III, Mayor
ATTEST:
Kate Smith, City Secretary
CITY OF UNIVERSITY PARK, TEXAS
FY2008 PROPOSED BUDGET
PROPERTY TAX IMPACT
8/30/2007 (v4)
FY2006FY2007FY2008
ADOPTEDADOPTEDPROPOSEDDOLLARPERCENT
BUDGETBUDGETBUDGETCHANGECHANGE
TOTAL TAXABLE VALUE (CERTIFIED)
4,804,267,7374,314,149,841 5,444,836,544 640,568,807$ 13.33%
TOTAL GENERAL FUND REVENUES
$ 24,187,62422,172,114$ 25,420,793$ 1,233,169$ 5.10%
NON PROPERTY TAX REVENUE
Sales tax2,500,000$ 3,100,000$ 3,455,731$ 355,731$ 11.48%
Franchise fees2,060,000 2,185,000 2,185,000 -$ 0.00%
Building permits1,130,000 1,300,000 1,400,000 100,000$ 7.69%
Traffic/parking fines360,000 360,000 486,000 126,000$ 35.00%
Service charges414,160 474,160 474,160 -$ 0.00%
Direct alarm monitoring fees514,000 540,000 589,750 49,750$ 9.21%
Interest income450,000 600,000 600,000 -$ 0.00%
Utility Fund contribution550,000 550,000 550,000 -$ 0.00%
Miscellaneous626,906 781,760 834,563 52,803$ 6.75%
TOTAL NON PROPERTY TAX REV.8,605,066$ 9,890,920$ 10,575,204$ 684,284$ 6.92%
PROPERTY TAX REVENUE
Operations & Maintenance (O&M) need13,355,548$ 14,063,204$ 14,611,589$ 548,385$ 3.90%
Penalty/interest & attorney's fees120,000 135,000 135,000 -$ 0.00%
Delinquent (prior years) taxes91,500 98,500 99,000 500$ 0.51%
TOTAL PROP TAX OP REQUEST13,567,048$ 14,296,704$ 14,845,589$ 548,885$ 3.84%
DEBT SERVICE REQUIREMENT
$ --$ -$ -$ 0.00%
PROPERTY TAX RATE
Operations & Maintenance (O&M)0.30958$ 0.29272$ 0.26836$ (0.02437)$ -8.32%
Debt Service- - - -$ 0.00%
Total Property Tax Rate per $1000.30958$ 0.29272$ 0.26836$ (0.02437)$ -8.32%
IMPACT ON HOMEOWNER
Average single-family market value816,423$ 918,583$ 1,064,621$ 146,038$ 15.90%
Less: 20% homestead exemption(163,285) (183,717) (212,924) (29,208)$ 15.90%
Average single-family taxable value653,138 734,866 851,697 116,830$ 15.90%
$ 2,1512,022$ 2,286$ 134$ 6.25%
Tax levy
Increase in levy over prior year103 129 134
EFFECTIVE TAX RATE
$ 0.2839090.297868$ 0.265693$
DIFFERENCE (PROPOSED RATE LESS ETR)0.011707$ 0.008814$ 0.002664$
EFFECTIVE TAX INCREASE3.93%3.10%1.00%
10% APPRAISAL CAP EFFECT
TAXABLE VALUE BEFORE CAP734,866$ 851,697$
TAXABLE VALUE WITH 10% CAP$ 808,353
CAP LOSS$ 43,344
CAPPED TAX LEVY$ 2,169
INCREASE FROM PRIOR YEAR ($)$ 18
INCREASE FROM PRIOR YEAR (%)0.84%
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING
SEPTEMBER 30, 2008; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR
SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City Council has heretofore approved the tax roll prepared and presented
by the Dallas Central Appraisal District as required by the Tax Code; and
WHEREAS,
the City Manager of the City of University Park has submitted to the City
Council a proposed budget of the revenues and expenditures of conducting the affairs of the City and
providing a complete financial plan for 2007-2008; and
WHEREAS,
the City Council has received the City Manager's proposed budget, a copy of
which proposed budget and all supporting schedules have been filed with the City Secretary of the
City of University Park; and
WHEREAS,
the City Council has conducted the necessary public hearings as required by
law; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1.
That the proposed budget of the revenues and expenditures of conducting the
affairs of the City of University Park, providing a complete financial plan for the ensuing fiscal year
beginning October 1, 2007, and ending September 30, 2008, as submitted to the City Council by the
City Manager, be, and the same is hereby, in all things adopted and approved as the budget of all
current revenues and expenditures of the City for the fiscal year beginning October 1, 2007, and
ending September 30, 2008.
SECTION 2.
That the sum of $39,577,333 is hereby appropriated for the payment of the
expenditures established in the approved budget, attached hereto as Exhibit "A" and made part
hereof for all purposes.
SECTION 3.
That the City Council reserves the authority to transfer appropriations
budgeted from one account or activity to another within any individual activity of the City and to
transfer appropriations from designated appropriations to any individual department or activity.
That all transfers of appropriations budgeted from one account or activity to another within any
individual activity for the fiscal year 2006-2007 are hereby ratified and the Budget Ordinance for
2006-2007, heretofore enacted by the City Council, be, and the same is hereby, amended to the
extent of such transfers for all purposes.
SECTION 4.
That all notices and public hearings required by law have been duly
completed. That the City Secretary is directed to provide a certified copy of the budget ordinance to
the County Clerk of Dallas County for recording after final passage hereof.
SECTION 5.
That all ordinances of the City of University Park in conflict with the
provisions of this ordinance be, and the same are hereby, repealed.
SECTION 6.
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 thereof
decided to be unconstitutional, illegal or invalid.
SECTION 7.
This ordinance shall take effect immediately from and after its passage as the
law and Charter in such cases provide.
DULY PASSED
by the City Council of the City of University Park, Texas, on the 18th day
of September, 2007.
APPROVED:
____________________________________
JAMES H. HOLMES, III, MAYOR
ATTEST:
____________________________________
KATE SMITH, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY
EXHIBIT “A”
ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LEVYING
THE AD VALOREM TAXES FOR THE FISCAL YEAR 2007-2008 ON ALL TAXABLE
PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF UNIVERSITY
PARK AS OF JANUARY 1, 2007, TO PROVIDE REVENUES FOR THE PAYMENT OF
CURRENT EXPENDITURES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
all notices have been given and public hearings held as required by law to
adopt a tax rate for 2007; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1.
That there be and is hereby levied for the year 2007, on all taxable property,
real, personal and mixed, situated within the limits of the City of University Park, Texas as of
January 1, 2007, and not exempt by the Constitution of the State and valid State laws, a tax of
$0.26836 on each $100.00 assessed valuation of taxable property, and such taxes shall be
apportioned and distributed as follows:
(A) $0.26836 on each and every $100.00 valuation of said property is hereby levied and
assessed to provide revenues for maintenance and operations of City government and
current expenses thereof; and
(B) That no rate is set for debt service because the City of University Park currently has
no bonded indebtedness.
THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE
AND OPERATIONS THAN LAST YEAR’S TAX RATE.
THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND
OPERATIONS ON A $100,000 HOME BY APPROXIMATELY -$24.36
SECTION 2.
That all ad valorem taxes shall become due and payable on October 1, 2007,
and all ad valorem taxes for the year shall become delinquent after January 31, 2008. That in
addition to any statutory exemptions for the 2007 tax year, the City Council hereby authorizes a
General Homestead Exemption of twenty percent (20%) of the assessed value and an Over Sixty-
five Years of Age Exemption of $50,000.00 on the assessed value.
SECTION 3.
That a delinquent tax shall incur all penalty and interest authorized by law,
including a penalty of six percent (6%) on the amount of the tax for the first calendar month it is
delinquent, plus one percent (1%) for each additional month or portion of a month the tax remains
unpaid prior to July 1 of the year in which it becomes delinquent. A tax delinquent on July 1 incurs
a total penalty of twelve percent (12%) of the amount of the delinquent tax, without regard to the
number of months the tax has been delinquent. A delinquent tax shall also accrue at the rate of one
percent (1%) for each month or portion of a month the tax remains unpaid. Taxes that remain
delinquent on July 1, 2008, incur an additional penalty of fifteen percent (15%) of the amount of the
taxes, penalty and interest due. Such additional penalty is to defray costs of collection due to a
contract with the City's tax collection attorney pursuant to Section 33.07 of the Tax Code.
SECTION 4.
That all ordinances of the City of University Park in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 5.
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
thereof decided to be unconstitutional, illegal or invalid.
SECTION 6.
This ordinance shall take effect on October 1, 2007.
DULY PASSED
by the City Council of the City of University Park, Texas, on the 18th day
of September, 2007.
APPROVED:
____________________________________
JAMES H. HOLMES, III, MAYOR
ATTEST:
___________________________________________
KATE SMITH, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY
ORDINANCE NO. 07/
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A
PAY PLAN FOR EMPLOYEES OF THE CITY OF UNIVERSITY PARK FOR FY
2007-2008, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION I
THAT, as provided in Chapter 8, Article 8.500 of the Code of Ordinances of the
City of University Park, Texas, a pay plan to compensate employees of the City of
University Park for FY 2007-2008 is adopted to wit:
1.PAY PLAN BY CATEGORIES:
EXEMPT EMPLOYEES
_____________________________________________________________________________________
TITLE POINTS MIN. MARKET MAX.
DIRECTOR OF PUBLIC WORKS E 904 9094 10527 12570
DIRECTOR OF FINANCE E 755 7938 9189 10972
FIRE CHIEF E 732 7760 8983 10726
DIRECTOR OF HUMAN RESOURCES E 677 7334 8490 10138
DIRECTOR OF PARKS E 636 7016 8122 9698
CITY ENGINEER E 611 6822 7897 9430
POLICE CAPTAIN – (OLD RANGE) E 594 6690 7745 9247
DIRECTOR OF INFORMATION SERVICES E 588 6644 7691 9184
CONTROLLER E 551 6356 7358 8786
ASST. DIR. OF PUBLIC WORKS E 551 6356 7358 8786
COMMUNITY DEVELOPMENT MANAGER E 551 6356 7358 8786
POLICE CAPTAIN – (NEW RANGE) E 516 6085 6774 8088
DEPUTY FIRE CHIEF E 516 6085 6774 8088
UTILITIES SUPERINTENDENT E 432 5435 6292 7513
SANITATION SUPERINTENDENT E 421 5350 6193 7395
MGMT. SYSTEMS COORDINATOR E 417 5320 6159 7354
FLEET MANAGER E 406 5233 6058 7233
COMMUNITY INFORMATION OFFICER E 382 5048 5844 6978
CITY SECRETARY E 353 4824 5584 6668
CIVIL ENGINEER II E 353 4824 5584 6668
SR. NETWORK ADMINISTRATOR E 353 4824 5584 6668
ACCOUNTING MANAGER E 344 4753 5502 6570
PC, NETWORK & WEB SPECIALIST E 344 4753 5502 6570
PURCHASING AGENT E 332 4660 5395 6441
ASST. TO DIR. OF PUBLIC WORKS E 332 4660 5395 6441
POLICE ACCREDITATION MGR (PT) E 332 4660 5395 6441
POLICE COMM./RECORDS SUPERVISOR E 323 4585 5308 6338
PARKS SUPERINTENDENT E 318 4552 5270 6292
CIVIL ENGINEER I E 314 4521 5234 6249
COURT ADMINISTRATOR E 308 4474 5179 6184
GIS COORDINATOR E 298 4396 5089 6076
ASSET MANAGEMENT COORDINATOR E 298 4396 5089 6076
UTILITY BILLING MANAGER E 291 4343 5028 6003
ASSTISTANT CITY SECRETARY E 223 3614 4184 4996
NON-EXEMPT EMPLOYEES
_____________________________________________________________________________________
TITLE GRADE PTS. MIN. MARKET MAX.
FIRE MARSHAL N 605 5799 6713 8016
CONSTRUCTION INSPECTOR N 58 296 4267 4940 5898
BUILDING INSPECTOR III N 58 296 4267 4940 5898
EQUIP. SHOP SUPERVISOR N 57 269 3963 4588 5478
TRAFFIC SUPERVISOR N 57 269 3963 4588 5478
PARK SUPERVISOR N 57 269 3963 4588 5478
SANITATION CREW LEADER N 57 269 3963 4588 5478
MAINTENANCE SUPERVISOR N 57 269 3963 4588 5478
BUILDING INSPECTOR II N 57 269 3963 4588 5478
BUILDING INSPECTOR I N 56 245 3694 4276 5106
WAREHOUSE SUPERVISOR N 56 245 3694 4276 5106
CODE ENFORCEMENT OFCR. N 56 245 3694 4276 5106
NEIGHBORHOOD INTEGRITY OFCR N 56 245 3694 4276 5106
ENGINEERING TECH. N 56 245 3694 4276 5106
TRAFFIC TECHNICIAN II N 56 245 3694 4276 5106
PLANNING ASSISTANT N 56 245 3694 4276 5106
FIRE ADMIN. ASSISTANT N 55 216 3368 3899 4655
GARDENER III N 55 216 3368 3899 4655
FORESTRY TECHNICIAN N 55 216 3368 3899 4655
HORTICULTURIST N 55 216 3368 3899 4655
IRRIGATION TECHNICIAN N 55 216 3368 3899 4655
PESTICIDE TECHNICIAN N 55 216 3368 3899 4655
EQUIP. SERVICE TECHNICIAN N 55 216 3368 3899 4655
WELDING TECHNICIAN N 55 216 3368 3899 4655
DISPATCHER/311 CALL TAKER N 55 216 3368 3899 4655
POLICE RECORDS CLERK N 54 191 3087 3574 4267
PAYROLL SPECIALIST N 54 191 3087 3574 4267
HUMAN RESOURCES ASST. N 54 191 3087 3574 4267
WAREHOUSE/EQUIP SERV ASST N 54 191 3087 3574 4267
BUILDING & ZONING ASST. N 54 191 3087 3574 4267
ACCOUNTS PAYABLE SPECIALIST N 54 191 3087 3574 4267
FACILITIES MAINT. TECH. N 54 191 3087 3574 4267
ADMIN SECRETARY/311 CALL TAKER N 54 191 3087 3574 4267
ANIMAL CONTROL OFFICER N 54 191 3087 3574 4267
SIGNS/MARKINGS TECH II N 54 191 3087 3574 4267
MAINTENANCE TECH II N 54 191 3087 3574 4267
SR. UTILITY BILLING SPECIALIST N 53 160 2739 3171 3786
ADMIN. SECRETARY N 53 160 2739 3171 3786
PARKING ENFORCEMENT OFFICER N 53 160 2739 3171 3786
SANITATION DRIVER III N 53 160 2739 3171 3786
TRAFFIC TECHNICIAN I N 53 160 2739 3171 3786
POLICE ALARM PERMIT CLERK N 53 160 2739 3171 3786
RECEPTIONIST/311 CALL TAKER N 53 160 2739 3171 3786
SIGNS/MARKINGS TECH I N 52 143 2547 2948 3521
LEAD CUSTODIAN N 52 143 2547 2948 3521
CID CLERK (PT) N 52 143 2547 2948 3521
UTILITY BILLING SPECIALIST N 52 143 2547 2948 3521
MAIL/UTILITY BILLING SPECIALIST N 52 143 2547 2948 3521
DEPUTY COURT CLERK N 52 143 2547 2948 3521
SANITATION DRIVER II N 52 143 2547 2948 3521
GARDENER II N 52 143 2547 2948 3521
MAINTENANCE TECH I N 52 143 2547 2948 3521
SANITATION DRIVER I N 51 119 2278 2637 3149
WAREHOUSE PARTS RUNNER N 51 119 2278 2637 3149
CUSTODIAN N 50 99 2054 2378 2839
GARDENER I N 50 99 2054 2378 2839
POLICE DEPARTMENT
_____________________________________________________________________________________
TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
_____________________________________________________________________________________
POLICE LT. 6416 6737
POLICE SGT. 5819 6111
POLICE OFFICER 4261 4474 4698 4933 5180 5438
POLICE RECRUIT 3866 4059
FIRE DEPARTMENT
_____________________________________________________________________________________
TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
_____________________________________________________________________________________
FIRE SECTION CHIEF 6778 7112
FIRE CAPTAIN 6152 6460
FIRE LIEUTENANT 5870
DRIVER/ENGINEER 5581
FIREFIGHTER 4067 4271 4484 4708 4944 5192
FF RECRUIT 3724
PARAMEDIC $125 PER MONTH ASSIGNMENT PAY PLUS $20 FOR EACH SHIFT
ASSIGNED TO MICU
INSPECTOR $50 PER MONTH ASSIGNMENT PAY
PRECEPTOR $25 PER SHIFT WHILE ASSIGNED AS PRECEPTOR
PART TIME AND TEMPORARY EMPLOYEES
Pay to be determined by the Director of Human Resources.
2. PAY PLAN ADMINISTRATION:
(a) Non-uniformed Pay Plan. The pay plan presented herein for positions except uniformed police
and fire defines the range of pay for each position in the city. There will be two steps between minimum
and market, with minimum designated as Step 1 and market pay designated as Step 4, that range being
designated as both a hiring and probationary range. Market pay (Step 4) of each range is considered the
rate of pay for a fully trained, competent employee. There will be five steps between market pay and
maximum, with maximum designated as Step 10, that range being designated for merit pay. Progression
from one step to the next higher step shall be based solely on performance as approved by the department
head or city manager and will be effective on an employee’s evaluation date.
(b) Uniformed Police and Fire Pay Plan. In order to receive a step increase, each employee must meet
the time-in-service requirement and have a performance evaluation that is at least “Meets Expectations.” If
an employee does not meet the performance evaluation requirement, the supervisor may set a time for re-
evaluation and reconsideration of the step increase if improved performance is recognized.
3. ASSIGNMENT PAY:
Paramedic and Fire Inspector positions are not specified as rank, but are designated as an assignment and
receive assignment pay as follows:
Paramedic $125 per month plus $20 for each shift assigned to MICU
Inspector $50 per month
Preceptor $25 per shift while assigned as Preceptor
The assignment pay will be in addition to the pay allocated for the rank at the time of assignment. For
example, a firefighter assigned as paramedic will receive the pay for a firefighter plus $125 per month plus
$20 for each shift assigned to the MICU. If the employee discontinues the paramedic assignment, that
employee reverts back to the previous rank and the assignment pay is discontinued. The same is true if the
reassignment is made with cause or is in the best interest of the department. Fire Department employees
will not be eligible for assignment pay while on leave for any reason.
Police officers assigned to CID rotation will receive assignment pay as follows:
CID 5% of base pay
Warrant Officer 5% of base pay
Field Training Officer 5% of base pay
4. WORK EXPERIENCE PERIOD:
The work experience period is one year under normal circumstances for uniformed police and fire and six
months for all other employees. Nothing herein prevents the extension of a work experience period or
prevents any department head from delaying or withholding pay increases for just and compelling reasons.
5. SHIFT DIFFERENTIAL PAY:
Dispatchers who work the evening shift will receive an additional pay of $25 per month. Police Officers,
Police Sergeants, Police Lieutenants, and Dispatchers who work deep night shift will receive an additional
pay of $50 per month. These employees must maintain a performance evaluation that “Meets
Expectations” in order to be eligible for the shift differential pay.
6. LONGEVITY:
All police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per
month for each year of service up to a maximum of 25 years. All other employees of the City shall receive
longevity pay at the same rate as police and fire personnel. For the purpose of this section, longevity
payments begin at the start of each month after the anniversary date, unless such anniversary date is on the
first of the month.
7. EDUCATION AND CERTIFICATION PAY:
(a) Uniformed personnel in the Fire Department shall receive incentive pay for college education
hours in Fire Protection Technology. This plan does not include the rank of Captain or higher except as
designated below. Fire Lieutenant is eligible for education pay only for eighteen hours and above.
1. Twelve (12) hours $20.00 per month
2. Eighteen (18) hours $30.00 per month
3. Thirty-six (36) hours $ 40.00 per month
4. Assoc. degree or 60 hours $ 50.00 per month
5. Bachelor’s degree as recognized by
the Texas Fire Commission $100.00 per month
Employees promoted to Fire Captain after January 1, 1997 will be eligible for incentive pay for college
education hours in Fire Protection Technology under the following plan:
1. Assoc. degree or 60 hours $25.00 per month
2. Bachelor’s degree as recognized by
the Texas Fire Commission $75.00 per month
Employees promoted to Section Chief after January 1, 1997 will be eligible for incentive pay for college
education hours in Fire Protection Technology under the following plan:
1. Bachelor’s degree as recognized by
the Texas Fire Commission $75.00 per month
The Fire Chief must review and approve the subjects and the plan of study prior to instigation by the
employee in order to eligible for the pay described above.
In addition to the above, uniformed Fire Department personnel will be eligible for the following incentive
pay for certification beyond basic. This does not pertain to ranks of Lieutenant and above except as
designated below:
1. Intermediate $25.00 per month
2. Advanced $50.00 per month
3. Master’s $75.00 per month
Employees promoted to Fire Captain or Fire Lieutenant after January 1, 1997 will be eligible for incentive
pay for the following certifications:
1. Advanced $25.00 per month
2. Master’s $50.00 per month
Employees promoted to Section Chief after January 1, 1997 will be eligible for incentive pay for the
following certifications:
1. Master’s $25.00 per month
No Fire Department personnel shall receive more than $125 per month in incentive pay.
(b) Patrol Officers are eligible for educational incentive pay as follows:
1. Assoc. degree or 60 hours $ 50.00 per month
2. Bachelor’s degree $100.00 per month
Police Lieutenants and Sergeants are eligible for educational incentive pay as follows:
1. Bachelor’s degree $75.00 per month
In addition to the above, Patrol Officers are eligible for certification pay incentive according to the
TCLEOSE certification held:
1. Intermediate $25.00 per month
2. Advanced $50.00 per month
Police Lieutenants and Sergeants are eligible for certification pay incentive according to the following:
1. Advanced $25.00 per month
No police personnel shall receive more than $125 per month in incentive pay.
8. MASTER POLICE OFFICER:
The Master Police Officer designation is discontinued as of 10/01/00. Any Police Officer who carries the
Master Police Officer designation as of 10/01/00 will continue to hold the designation until such time
he/she no longer meets the qualifications set forth below. Any Officer who loses the designation will not
be eligible to regain it. The designation will continue to carry a fifty dollar ($50) per month assignment
pay. The qualifications for this designation are as follows:
a. Must have been with the University Park Police Department for five (5) years or with the UP
Police Department for two (2) years and hold an Advanced TCLEOSE Certification;
b. Must maintain a performance evaluation that “Meets Expectations” for the past two years;
c. Must not have had any preventable accidents within the last eighteen (18) months;
d. Must not have had any suspensions within two (2) years, any written reprimands within one (1)
year, or any oral reprimands within the past six (6) months;
e. Must complete Field Training Officer School and must qualify and perform as a Field Training
Officer;
f. Upon obtaining the Master Police Officer designation, the officer must successfully complete both
basic supervision and intermediate traffic accident training;
g. Must demonstrate proficiency with service weapons; and
h. Must complete one Criminal Investigation school.
9. OVERTIME PAY:
Overtime pay will be applied as described in Administrative Order PRS-4.
10. APPLICATION OF PAY PLAN:
The pay plan, as outlined above, applies only to regular full-time employees (except for overtime
provisions).
11. APPROVAL OF CHANGES IN CLASSIFICATION:
The city manager shall have authority to approve all changes in classification; however, the number of
classification changes subject to his/her approval shall not exceed 10% of total employees during the fiscal
year.
12. INTERPRETATION:
From time to time, it may be necessary to interpret the pay plan for its applicability to certain unforeseen
circumstances. The city manager may issue an administrative order interpreting the pay plan for specific
circumstances; however, all such interpretation may be appealed to the City Council within fifteen (15)
days.
SECTION II
This ordinance shall take effect immediately from and after its passage as the law and charter in such cases
provide, provided that the pay plan to be given effect hereby shall take effect on October 1, 2006.
DULY PASSED by the City Council of the City of University Park, Texas, on the 18th day of September,
2007.
APPROVED:
___________________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
______________________________ ___________________________________
CITY ATTORNEY CITY SECRETARY
RESOLUTION NO. 07-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, AMENDING RESOLUTION NO. 06-23, EXHIBIT “A,”
SECTION II. “BUILDING AND ZONING,” BY ESTABLISHING AN OVERTIME
INSPECTION FEE; SECTION III. “UTILITIES,” BY AMENDING WATER
SERVICE AND SEWER SERVICE CHARGES; SECTION IV. “PUBLIC
SAFETY,” BY AMENDING AMBULANCE (MICU) FEES; AND SECTION V.
“SANITATION,” BY AMENDING GARBAGE COLLECTION AND
RECYCLING FEES; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
SECTION 1.
That Resolution 06-23, the Master Fee Resolution, be, and the same is
hereby, amended by replacing Exhibit “A,” Section II “BUILDING AND ZONING” as
follows:
II. BUILDING AND ZONING
“
…
18. After-hours Building Inspections
A fee of three hundred dollars ($300.00) may be assessed for each inspection
requested to be performed after regular business hours.”
SECTION 2.
That Resolution 06-23, the Master Fee Resolution, be, and the same is
hereby, amended by replacing Exhibit “A,” Section III “UTILITIES” as follows:
“III. UTILITIES
…
6. Water Service
(1) The following water rates are hereby established and shall be collected. The
minimum monthly rates for all metered water service shall be as follows:
5/8" or 3/4"
meter $ 7.85 $ 8.48
1" meter $ 8.65 $ 9.34
1 1/2" meter $ 11.24 $ 12.14
2" meter $ 14.00 $ 15.12
3" meter $ 16.70 $ 18.04
4" meter $ 28.25 $ 30.51
Portable meter $ 126.00 $ 136.08
(2) Each consumer served during the month shall be entitled to the use of two
thousand (2,000) gallons of water paid under the minimum rates hereinabove
specified. In any billing period, where the water consumed is in excess of the
minimum, the rate shall be two dollars and forty-seven cents ($2.47) two dollars
and sixty-seven cents ($2.67) per 1,000 gallons or any portion thereof.
…
7. Conservation Surcharge (June-November billings)
During the six (6) summer months, each water customer (except Southern Methodist
University) shall be subject to a conservation surcharge for all consumption in excess
of 11,500 gallons. SMU meters shall be subject collectively to a monthly
conservation surcharge for all consumption in excess of the average amount of water
used during the immediately preceding October, November, December, January,
February, and March. The surcharge rate shall be sixty-eight cents ($0.68) seventy-
three cents ($0.73) per 1,000 gallons for all excess consumption.
8. Sewer Service
(1) The sewer charge for each single family, duplex, or multi-family dwelling shall
be included in the utility bill and calculated as follows:
…
(d)There shall be a sixteen dollar and ninety-five cent ($16.95) eighteen dollar
and thirty-one cent ($18.31) charge per unit, which includes two thousand
(2,000) gallons of water per unit per month.
(e) Any water used in excess of two thousand (2,000) gallons per month shall
-four cents ($2.54) two dollars and seventy-
be billed at two dollars and fifty
four cents ($2.74) per 1,000 gallons per month per unit for the sewer fee.
SECTION 3.
That Resolution 06-23, the Master Fee Resolution, be, and the same is
hereby, amended by replacing Exhibit “A,” Section IV “Public Safety” as follows:
“IV. PUBLIC SAFETY
4. Ambulance (MICU) Service (Ch. 1, Sec. 1.1903)
(1)A base fee shall be charged per trip per person for transportation by the Mobile
Intensive Care Unit (MICU) to a hospital providing medical attention within the
boundaries of Dallas County. The base fee shall be as follows: $600 for residents of
University Park, with an additional fee of $100 being charged for non-University
Park residents. In all cases, whether one (1) person or more than one (1) person is
transported in the same MICU, the charge per trip applies to each individual
transported.
(2)Additional fees will be charged for each emergency medical aid provided to the
person or persons being transported including, but not limited to, drugs, bandaging,
oxygen, electrocardiogram (EKG), etc., that is allowable by Medicare. The cost of
these items will be as follows:
CODE DESCRIPTION COST
OXYG OXYGEN $35.00
ALCAINE $2.70
ATROPINE $11.33
BENADRYL $2.18
CHARCOAL $6.22
DEXTROSE 50% (D-50) $12.49
DOPAMINE $9.66
EPINEPHRINE 1:10,000 $9.40
EPINEPHRINE 1:1,000 $6.01
LASIX $8.99
LEVOPHED $9.80
LIDOCAINE 1% $3.28
LIDOCAINE 4% $10.15
NARC NARCAN $7.13
NIT2 NITRO SPRAY $10.00
SODIUM BICARB $11.89
VALIUM $13.10
GLUCAGON $79.32
ALSI IV THERAPY $35.00
NOX NITRONOX $10.00
ADENOSINE $31.20
ASPIRIN $0.25
GLUTOSE $4.20
MAGNESIUM SULFATE $6.00
ORAL AIRWAY $7.97
DRES DRESSING/BANAGING $12.00
BURN SHEET $9.60
CCOL CERVICAL COLLAR $20.18
COLD PACK $3.08
DEFIBRILLATION $24.00
DSTI D-STICK $2.00
HEAD IMMOBILIZATION$11.22
SPLI SPLINTING $25.93
EKG EKG MONITORING $47.23
AMIODARONE $111.60
ATROVENT $0.65
(3)Each transported patient will be charged a mileage fee from the point of patient
loading to the hospital of patient preference in Dallas County. The mileage fee shall
be $9.00 per mile. If the patient is unable to establish a preference, transport will be
made to the nearest available hospital. Common transports are to Baylor, Children’s,
Charlton Methodist, Methodist Central, Parkland, Presbyterian, St. Paul, and
Veterans hospitals.
(4)Supply fees will be charged to non-transported patients based on the above table in
order to recover the cost of supplies used at the time of treatment. These charges are
not covered by Medicare or other health insurance plans, as these plans only cover
ambulance charges incurred during transport.
(5)A fee will be charged to any incapacitated citizen needing assistance from a
paramedic in accomplishing physical movements, such as exiting and entering
automobiles or movement within a residence, if such assistance needed is not in
connection with an immediate medical condition and does not constitute an
emergency in the judgment of the senior paramedic at the scene. The first such call in
a calendar quarter will be at no cost to the citizen. The second and subsequent calls
in the same calendar quarter for the same citizen will result in a fee being charged to
the citizen in the amount of $32.00 per call. During each such call, the senior
paramedic present will explain this section and advise the citizen whether or not a
charge will be made for the assistance call. This fee will be in addition to any other
fee authorized by this section.”
SECTION 4.
That Resolution 06-23, the Master Fee Resolution, be, and the same is
hereby, amended by replacing Exhibit “A,” Section V “SANITATION” as follows:
“V. SANITATION
Residential Garbage Collection
1. (Ch. 6, Sec. l.108)
The City shall charge the following sums per month for collection of garbage and trash from
residences:
Single-family dwelling $17.50$19.25
Two-family dwelling, per unit $17.50$19.25
Apartments, per unit – on residential route $17.50$19.25
Apartments, per unit – on commercial route $ 8.85$ 9.75
Carryout, per unit $109.50$120.00
Brush and Tree Limb Collection
2.
An extra charge shall be assessed for pick-up of brush and tree limbs that are too bulky to be
tied in bundles. Brush and limbs shall be stacked on the parkway for pick-up and charged as
follows:
Manual pick-up $ 9.00$10.00
Mechanical pick-up – less than ½ truckload $60.00$65.00
Mechanical pick-up – ½ truckload $90.00$100.00
Mechanical pick-up – full truckload $120.00$132.00
Appliances, Furniture, and Large Items Collection
3.
The City shall charge the following sums for the removal of appliances, furniture and other
large items:
Range or refrigerator $18.00$20.00
Washer, dryer, window air conditioner, water heater, $18.00 $20.00
sofa, bed, etc.
These items shall be placed on the parkway and will be picked up on a "call-in" basis only.
Commercial Garbage Collection
4. (Ch.11, Sec. 11.109)
(1)The City shall for its services in removing garbage and trash from all businesses,
lodging houses, boarding houses, commercial institutions, individual businesses,
firms or corporations, churches, schools, office buildings and properties, charge for
containers placed at any of such establishments, sanitation charges based upon the
following schedule:
Collections Number of 3-yard Containers
Per Week
1 2 3 4 5 6 7 8
2 $97.80 $153.64 $181.64 $223.44 $265.25 $307.06 $348.72 $390.67
3 $128.53 $195.55 $245.83 $304.49 $421.79 $421.79 $480.46 $546.17
4 $159.25 $237.44 $312.85 $389.68 $466.49 $543.31 $620.12 $696.94
5 $195.55 $284.95 $377.16 $468.01 $558.80 $649.63 $740.45 $831.25
6 $231.84 $349.27 $424.68 $521.09 $614.64 $713.93 $810.36 $906.78
Collections
Number of 3-yard Containers
Per Week
1 2 3 4 5 6 7 8
2 $107.58 $169.00 $199.80 $245.78 $291.78 $337.77 $383.59 $429.74
3 $141.38 $215.11 $270.41 $334.94 $463.97 $463.97 $528.51 $600.79
4 $175.18 $261.18 $344.14 $428.65 $513.14 $597.64 $682.13 $766.63
5 $215.11 $313.45 $414.88 $514.81 $614.68 $714.59 $814.50 $914.38
6 $255.02 $384.20 $467.15 $573.20 $676.10 $785.32 $891.40 $997.46
Nothing in this schedule shall prevent the Superintendent of Sanitation from calculating
rates which are lower or which exceed the schedule as long as time, volume, and number
of pick-ups are the basis for such calculation.
…
Recycling Fees
9. (Res. 94-19)
Each resident receiving an individual City sanitation bill will be charged a recycling fee:
Alley/curbside service $2.90$3.19
Carry-out service $4.80$5.00
SECTION 5.
This Resolution shall take effect October 1, 2007, and it is accordingly
so resolved.
DULY PASSED
by the City Council of the City of University Park, Texas, on the 18th
day of September 2007.
APPROVED:
__________________________________
JAMES H. HOLMES, III, MAYOR
APPROVED AS TO FORM: ATTEST:
___________________________________ __________________________________
ROBERT L. DILLARD, III KATE SMITH,
CITY ATTORNEY CITY SECRETARY
AGENDA MEMO
(09/18/2007 AGENDA)
DATE: September 18, 2007
TO: Honorable Mayor and City Council
FROM: Harry Persaud, MRTPI, AICP, Community Development Manager
SUBJECT: Consider approval of Scope of Services for Carl Walker Inc. to conduct a
Parking Supply Demand Analysis and prepare a Strategic Management Plan for
Snider Plaza; and authorize the City Manager to sign a contract for specified
services.
Background/Analysis:
On June 19, 2007, City Council adopted a Resolution approving the First Phase of the Snider
Hillcrest Strategic Plan. At that meeting Council also appointed the Snider Plaza Strategic
Plan Committee to work on specific items including Parking, Development Standards and
Financing options for the Implementation of the plan.
Early in the work sessions, the Committee identified parking as a major issue impacting the
current and future direction of Snider Plaza. The UP Merchants Association conducted a
survey of existing businesses which showed a deficit of 487 parking spaces. The Townscape
study indicated a deficit of 160 parking spaces. The Committee wanted some clarification
with respect to this discrepancy and agreed that the current parking issues needed further in
depth analysis and study. The Committee reviewed a proposal from Carl Walker Inc.,
Parking Consultants with extensive experience in dealing with parking issues.
The proposed scope of services and contract is attached. Carl Walker Inc. proposes to
complete the study in approx. 4 months for a total cost of $38,000 including estimated
authorized reimbursable expenses.
Recommendation:
Snider Plaza Strategic Plan Committee recommends approval.
Attachments:
Scope of Services
September 10, 2007
The City of University Park
Purchasing Department
C/O : Good Fulton & Farrell Architects
Duncan T. Fulton, FAIA
Member, Snider Plaza Task Force
Managing Principal
2808 Fairmount Street, Suite 300
Dallas, Texas 75201
Phone: 214.303.1500 x134
Fax: 214.303.1512
RE: Proposal to Provide Parking Consulting Services
Dear Sir:
Carl Walker, Inc.
offers the City of University Park, Texas, the following contract to
perform a Parking Supply/Demand Analysis and Strategic Management Plan based on the
most recently revised proposal dated September 5, 2007.
Scope of Services
The following is an outline of the process that Carl Walker, Inc. will follow for this project:
1)Review existing data and studies pertaining to the Snider Plaza area.
a) Review the "Snider/Hillcrest Strategic Plan" produced by Townscape, Inc. earlier in 2007.
b) Review development data provided by the City, including specific information about the pending
Chase Building development.
c) Review information provided by the City relating to street capacities and loading.
d) Review information provided by the City relating to potential parking sites that have been identified
in the past, along with any existing evaluations of those sites.
e) Review the recent parking study prepared by the Snider Plaza Merchants Association.
2) Assessment of current conditions.
a) Inventory of Current Parking Capacity
b) Conduct a field inventory of all on-street and off-street parking in the study area.
c) Compile the results of the field inventory survey in a database.
d) Apply the data to appropriate maps to support further field work and analysis.
e) Conduct surveys of vehicle accumulation.
f) Conduct surveys from 8 A.M. through 6 P.M. to measure both peak and off-peak parking occupancy
levels throughout the day.
g) Compile the results of the field inventory survey in a database.
h) Apply the data to appropriate maps to support further field work and analysis.
i) Conduct a "Turnover Survey" to develop statistics on length of stay patterns.
j) Record the license plate numbers of vehicles parked in various segments of the study area (valid
sample areas) at appropriate intervals throughout the day.
k) Compile and analyze the results of the turnover survey to determine apparent employee parking
patterns and the potential impact of employee parking on the availability of convenient customer
parking.
l) Survey businesses along Snider Plaza, Hillcrest and retail cross streets to quantify the employee
population and employee parking needs.
m) Compare the results of this survey to a recent survey conducted by an area business owner for
consistency.
n) Identify the parking capacity and the preferred distribution of parking capacity within the study area
needed to support area employees.
3) Perform a land use survey.
a) Document land uses in the study area based land use information provided by the City.
b) Perform a general field verification of land uses. (Specific data related to square footage is to be
provided by the City. Additional information may also be provided by the property owners and
Merchant's Association, with the City coordinating. This would be at the level of how the built
space is being used, i.e. restaurant, retail, nail salon, office, etc, and not just land use as shown on
the city's zoning map.)
c) Evaluate available information (provided by the City or City sources) related to patterns of changing
land uses within the study area.
4) Assess the potential impact of efforts to move area employees to alternative transportation
modes.
a) Determine the level of transit support available to area employees.
b) Assess the current level of automobile use.
c) Assess the potential for using TDM measures to significantly affect parking demand.
5) Project future parking demand and sufficiency
a) Compare projections of future growth or continuing changes in land uses that would impact parking
demand.
b) Examine and quantify known or likely changes in parking capacity associated with anticipated
developments.
c) Project overall parking sufficiency within the core Plaza area (Lovers Lane to Daniel Avenue) and
along Hillcrest Avenue south of Daniel Avenue.
d) Use the survey of business owners in conjunction with information obtained through the field
surveys to determine the parking capacity required to satisfy employee parking demand.
e) Determine the distribution of employee parking demand based on the distribution of the employee
population within Plaza workplaces.
f) Compare that distribution of employee parking demand to the location of parking capacity that is
available for employee parking.
g) Identify capacity shortfalls by area.
h) Identify and evaluate options for reducing demand or increasing "effective" parking capacity
through changes in management strategies, policies and practices.
i) Determine the potential impact of these options in reducing the need for additional parking capacity.
j) Determine the net need for additional parking capacity after considering potential demand
reductions.
6) Examine options for parking capacity expansion, considering:
a) Surface Lot and Structured
b) Proximity to demand generators
c) Access
d) Interface with the street system
e) Potential impact on traffic congestion
f) Size of the footprint (for design efficiency)
g) Relation to other buildings
h) Control options
7) Examine options for coordinated management of all parking resources in the
Snider Plaza retail area
a) Develop, through a community outreach program, a set of proposed “Parking System Guiding
Principles” to set the strategic framework for a parking management program specific to the needs
of Snider Plaza.
b) Composition and organization: Present to the Snider Plaza stakeholders an educational session on
the various parking management or options
(1) Limited Municipal Model
(2) Integrated Municipal Model
(3) Parking District Model
(4) Parking Authority Model
(5) Business Association Model
c) Program goals, function and authority
(1) Identify a potential range of parking program scope elements and functions
(2) Identify levels of needed authority/legal framework to achieve program goals
(3) Identify needed staffing levels to achieve program goals
d) Funding
(1) Identify general funding levels needed (operational and capital) to achieve program goals.
(2) Identify potential funding sources
(3) Evaluate fee for parking options and the potential for revenue generation
(4) Identify other potential funding options
8) Parking Strategic Action Plan Summary
a) Summarize parking management program goals and objectives
b) Develop a specific action plan that identifies:
c) Category of action
d) Action item
e) Intended result
f) Responsible party(ies)
g) Priority
h) Cost range to implement
i) Timeline for implementation
PROJECT SCHEDULE
Carl Walker
staff has availability to commence this study beginning October 10, 2007. The following is a
th
projected schedule for accomplishing the tasks required to complete the project. Although there is likely to be
some variation in the timing, particularly of unrelated tasks, this schedule represents a normal work sequence.
Any additional processing and review time required by University Park and/or the Snider Plaza Task Force
must be added to this schedule.
Week 1 Submit initial request for data.
Week 2 Review data provided.
Project Trip # 1:
Week 3 Initial meeting with project steering committee to
Clarify objectives and refine work plan
Tour the study area
Conduct photo surveys of downtown and parking areas.
Conduct initial data collection, including merchant surveys
Coordinate future public input process details
Conduct an initial public meeting to introduce the project and the project team.
Provide supplemental data request if needed.
Project Trip # 2:
Conduct public input sessions
Present results of initial data collection
Conduct stakeholder focus groups
Work sessions with project steering committee
Weeks 4 - 7 Compile initial parking inventory, occupancy and survey data
Weeks 8 - 10 Complete parking supply/demand assessment, summarize stakeholder input and
develop preliminary parking management options.
Week 11 Develop draft report. Summarize into the Parking Strategic Action Plan format.
Submit the draft report and Parking Strategic Action Plan for City review.
Week 12 Address comments from the City of University Park.
Project Trip # 2:
Week 14
Issue Final draft report and make presentation to the City and Snider Plaza
stakeholders.
Week 15 Issue final report.
Note:
Trips # 1 & # 2 and #3 & #4 are combined per the revised scope/fee negotiated on 9/5/07.
FEES/AUTHORIZATION
Fees / By Task Breakdown
Original Proposed Project Fees – By Task:
Task 1) Review existing data and studies pertaining to the Snider Plaza area.
Fee Percentage: 5% Task Fee: $1,750
Task 2) Assessment of current conditions.
Project Trip # 1:
Initial meeting with project steering committee to:
•Clarify objectives and refine work plan
•Tour the study area
•Conduct photo surveys of downtown and parking areas.
•Conduct initial data collection, including merchant surveys
•Coordinate future public input process details
•Conduct an initial public meeting to introduce the project and the project team.
•Provide supplemental data request if needed.
Conduct public input sessions
•Present results of initial data collection
•Conduct stakeholder focus groups
•Work sessions with project steering committee
Fee Percentage: 35% Task Fee: $12,500
Task 3) Perform a land use survey.
Fee Percentage: 5% Task Fee: $1,750
Task 4) Assess the potential impact of efforts to move area employees to alternative transportation
modes.
Fee Percentage: 5% Task Fee: $1,750
Task 5) Project future parking demand and sufficiency.
Fee Percentage: 10% Task Fee: $3,500
Task 6) Examine options for parking capacity expansion.
Fee Percentage: 7% Task Fee: $2,450
Task 7) Examine options for coordinated management of all parking resources in the Snider Plaza
retail area. Draft report. Final Report. Presentation.
•Develop draft report. Summarize into the Parking Strategic Action Plan format.
Submit the draft report and Parking Strategic Action Plan for City review.
Project Trip # 2:
• Issue Final draft report and make presentation to the City and Snider Plaza
stakeholders.
Fee Percentage: 33% Task Fee: $11,550
Opportunities to Reduce Fee/Streamline Process:
After reviewing and discussing the various project tasks, it was decided to combine proposed trips #1 and #2
into a single trip (with an extended stay) and also to combine trips # 3 and #4. Based on the reduction in travel
time associated with these 2 saved trips (mostly my travel and coordination time from Phoenix)
ORIGINAL FEES
Fixed Fee Basis not to exceed $35,000, plus
We will provide the scope of services noted above on a
authorized reimbursable expenses estimated at $5,500
. This project will be billed monthly based upon the
percentage of project completion.
Cost/Reimbursable Expense Reductions/ NEW PROPOSED FEES:
We will provide the revised scope of services (Combining Trips #1/# 2 and #3/#4 into a two trips with extended
Fixed Fee Basis not to exceed $33,500, plus authorized reimbursable expenses estimated at
stays) on a
$4,500.
This represents a cost reduction of $1,500 in labor fees and an estimated reduction in reimbursable
expenses of approximately $1,000 (reduction in airfare combined with an increase in lodging/meals/rental car,
etc.).
TERMS AND CONDITIONS – Snider Plaza Parking Study
Performance:Carl Walker,Inc.and its employees will strive to exercise the degree of skill and care expected by customarily accepted
good engineering practices and procedures. No other warranties, expressed or implied, are made with respect to Carl Walker's
performance, unless agreed to in writing. Carl Walker is not a guarantor of the project to which its services are directed, and its
responsibility is limited to work performed for the Client. Carl Walker is not responsible for acts or omissions of the Client, nor third parties
not under its direct control.
Access To Site: Unless otherwise stated, Carl Walker will have access to the project site for activities necessary for the performance of
the services. Carl Walker will take precautions to minimize damage due to these activities, but has not included in the fee the cost of
restoration of any resulting damage.
Fees: Fees are accrued on an hourly basis, unless other arrangements are established. No increase in rate for overtime. No charges for
travel time of professional staff outside of normal workday unless time is productive. Technicians may charge up to 2 hours on weekdays
for travel outside of normal workday, or up to 4 hours per day for travel on weekends. The total fee, if stated, shall be understood to be an
estimate, and shall not be exceeded by more than ten percent without written approval of the Client. Where the fee arrangement is to be
on an hourly basis, the rates shall be those that prevail at the time services are rendered. Hourly billing rates effective March 1, 2007
through February 28, 2008 for various personnel categories are:
Regional Manager (Sr. VP) 228.00/Hr
Regional Manager (VP) 189.00/Hr
VP Engineering, Branch Manager 173.00-177.00/Hr
Senior Project Manager 110.00-177.00/Hr
Senior Studies Specialist 132.00/Hr
Project Manager/Senior Engineer 147.00-166.00/Hr
Project Manager/Engineer 106.00-135.00/Hr
Project Manager/Architect 115.00-124.00/Hr
Project Manager/Parking Specialist 90.00-151.00/Hr
Parking Specialists/Studies Specialist 94.00-147.00/Hr
Design Engineer 74.00-137.00/Hr
Senior Design Tech 73.00-115.00/Hr
Design Tech 54.00-90.00/Hr
Clerical 41.00-89.00/Hr
Expenses: Subsistence and out-of-pocket expense incurred for travel, lodging, and meals; reproduction and shipping, etc. Cost + 15%
10% (OK LDB 08/20/07). Company or personal cars – .56/mile Company trucks or vans – .56/mile, Telephone expenses shall be billed at
½% of labor fees (OK LDB 08/20/07)
Equipment Usage: Approximately equal to 1% of the replacement cost per day, subject to adjustment for minimum or extended usage.
Outside Consulting, Testing, or Subcontracted Services: Cost plus 10% if Consultant has at least $500,000 Professional/General
Liability Insurance, otherwise 20%. Consultants' transportation, subsistence, and out-of-pocket expenses plus 15%.
Billings/Payments: Invoices for Carl Walker's services shall be submitted, at Carl Walker's option, either upon completion of such
services or on a monthly basis. Invoices shall be due and payable by the last day of the month following the month when the invoice was
mailed. If the invoice is not paid when due, Carl Walker may, without waiving any claim or right against the Client, and without liability
whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the final invoice.
Late Payments: Accounts unpaid by the last day of the month following the month when the invoice was mailed will be subject to a
monthly service charge of 1% on the then unpaid balance (12% true annual rate). In the event any portion or all of an account remains
unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees.
Storage: Material samples not consumed in our work may be discarded 30 days after submission of the test report unless the Client
requests other disposition. Charges may be made, after notification, for extended storage of materials, records, or equipment.
Safety: Field work will be performed only under safe conditions. Charges may be made for safety or security measures required by
hazardous job conditions.
Insurance: The primary coverage provided by Carl Walker is $1,000,000 for general liability, $500,000 for automobile liability, $500,000
for workers' compensation, and $1,000,000 for professional liability. Umbrella coverage of $1,000,000 applies to general and automobile
liability only. Coverage is subject to annual renewal. At the time of execution of this contract, Carl Walker will provide Client with
Insurance Certificates showing Client as an additional insured under each of said policies.
Indemnification:Carl Walker shall indemnify and hold harmless the Client and all of its officers and employees from and against any and
all claims, damages, losses, and expenses (including reasonable attorney's fees) arising out of or resulting from its performance of the
services, to the extent that any such claim, damage, loss, or expense is caused by the negligent act, omission, and/or strict liability of any
officer or employee of Carl Walker, Inc. or anyone for whose acts any of them may be liable.
Hazardous Materials:Carl Walker shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure
of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, polychlorinated
biphenyl (PCB) or other toxic substances.
Termination of Services: This agreement may be terminated by the Client or Carl Walker should the other fail to perform its obligations
hereunder. In the event of termination, the Client shall pay Carl Walker for all services rendered to the date of termination, all
reimbursable expenses, and reimbursable termination expenses.
Ownership of Instruments of Service: All reports, drawings, specifications, CADD files, field data, notes and other documents and
instruments prepared by Carl Walker as instruments of service shall remain the property of Carl Walker. The Client understands that
changes or modifications to the documents made by anyone other than Carl Walker may result in adverse consequences which Carl
Walker can neither predict nor control. Therefore, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify
Carl Walker from and against all claims, liabilities, losses, damages, and costs, including, but not limited to, attorney fees arising out of or
in any way connected with the modification, misinterpretation, misuse, or reuse by the Client or others of the documents provided by Carl
Walker under the agreement.
Applicable Laws: Unless otherwise specified, this agreement shall be governed by the laws of the state of Texas, and exclusive venue
over any legal action arising from the performance hereof shall lie in Dallas County, Texas.
ADDITIONAL SERVICES
Additional services outside the Scope of Services listed above, when requested and authorized in writing, shall
be performed on an hourly fee basis as stated in the Terms and Conditions above.
.
The hourly rates identified herein are subject to change on March 1, 2008
CARL WALKER, INC.
By: _______________________________
Name (printed) ____________________
______________________________
Title
__________________
Date
AUTHORIZATION
As approved by official action of the University Park City Council on the ___ day of ________________ 2007,
Carl Walker, Inc.
is hereby authorized to provide the consulting services outlined above, according to the
conditions and fee arrangements herein stipulated.
CITY OF UNIVERSITY PARK, TEXAS
By:____________________________________
Name (printed):________________________
____________________________________
Title
____________________________________
Date
AGENDA MEMO
(09/18/2007 AGENDA)
DATE: August 13, 2007
TO: Honorable Mayor and City Council
City Manager
FROM: Kent Austin, Director of Finance
SUBJECT: Budget amendment number four
ITEM:
The September 18, 2007, City Council agenda includes an ordinance that would amend the
FY2007 General Fund expenditure budget to fund a Snider Hillcrest parking study. A
separate item to approve the $38,000 contract with parking consultant Carl Walker Inc. is
also included on the September 18 agenda and provides more information about the study.
This is the fourth and final budget amendment for FY2007; the parking study request arose
shortly after the third amendment was approved August 7, 2007.
IMPACT ON BUDGET AND FUND BALANCE
The proposed budget amendment will increase the Engineering Division “Professional
Services” account by $40,000 and reduce the General Fund unreserved fund balance by
$40,000. The additional $2,000 above the contract amount is intended to cover any
additional reimbursable expenses.
The projected FY2007 ending fund balance of $8 million is still well above the 2/12 year
minimum fund balance requirement of $4.03 million (meaning that fund balance should not
fall below the equivalent of two months of operating expenditures).
RECOMMENDATION:
City staff recommends approval of the attached ordinance.
ATTACHMENTS:
Exhibit from Ordinance and table displaying budget amendment impact
Ordinance with Exhibit
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE 2006-2007 FISCAL YEAR BUDGET, ORDINANCE NO. 06-27, TO
APPROPRIATE $40,000 FROM THE GENERAL FUND UNRESERVED FUND
BALANCE BY INCREASING EXPENDITURES $40,000; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the City Council of the City of University Park has determined that it is in
the public interest to amend Ordinance No. 06-27 to transfer funds from unreserved fund balance
of the General Fund into specific accounts; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1.
That Ordinance No. 06-27, the 2006-2007 fiscal year budget ordinance of
the City of University Park, Texas, be, and the same is hereby, amended to increase General
Fund expenditures by $40,000, thus appropriating unreserved fund balance of $40,000 from the
General Fund to the specific account listed on Exhibit “A” attached hereto and made part hereof
for all purposes, and such expenditures are herby authorized and made a part of the 2006-07
fiscal year budget of the City.
SECTION 2.
This ordinance shall take effect immediately from and after its passage,
as the law and Charter in such cases provide.
DULY PASSED
by the City Council of the City of University Park, Texas, on the 18th
day of September, 2007.
APPROVED:
____________________________________
JAMES H. HOLMES, III, MAYOR
APPROVED AS TO FORM: ATTEST:
________________________________ ____________________________________
CITY ATTORNEY KATE SM ITH, CITY SECRETARY
AGENDA MEMO
(09/18/07 AGENDA)
DATE: August 31, 2007
TO: Honorable Mayor and City Council
FROM: Gary W. Adams
SUBJECT: Interlocal Agreement with Cockrell Hill Police Department
ITEM:
In an effort to assist the Cockrell Hill Police Department with meeting the requirements of
recording traffic stops under Article 2.135 of the Texas Code of Criminal Procedure, as it relates
Article 2.132 Law Enforcement Policy on Racial Profiling, the University Park Police
Department proposes to lend two surplus and unused video cameras to the Cockrell Hill Police
Department. Both cameras have been in the possession of the University Park Police Department
since 2002 and are not used due to the Department’s upgrade from video to digital recordings.
Both cameras were received from the State of Texas Department of Public Safety when the Racial
Profiling legislation was first enacted and funds were made available for such distribution of
equipment. While the University Park Police Department has attempted to return the two
cameras to the State of Texas, the State will not take the cameras back since there was no
provision for returning this type of equipment.
Further, knowing that the Cockrell Hill Police Department has reached out for assistance in
acquiring new equipment, the University Park Police Department wishes to lend the two unused
and unpacked equipment to the Cockrell Hill Police Department under an interlocal agreement.
RECOMMENDATION:
Staff recommends that council approve the interlocal agreement as submitted and allow the Police
Department to release the two video cameras to the Cockrell Hill Police Department for use as
outlined in Article 2.135 of the Texas Code of Criminal Procedures.
ATTACHMENTS:
Copy of Interlocal Agreement
August 31, 2007
Catherine R. Smit
Chief of Police
Cockrell Hill Police Department
4125 W. Clarendon Dr.
Cockrell Hill, Texas 75211
Re: Interlocal Agreement between the City of University Park Police
Department and the Cockrell Hill Police Department
Dear Chief Smit:
To assist you in the performance of your governmental function of providing police
protection to your citizens, the University Park Police Department agrees to lend to your
department two video cameras for an indefinite term. This agreement is authorized by Chapter
791 of the Government Code and has bee approved by the City Council of each city. The
Cockrell Hill Police Department assumes all responsibility and liability for the use of the video
cameras in performing its police functions and agrees that the cameras will be used for law
enforcement and other official police purposes. Any expense incurred in the use of the cameras
will be borne by the Cockrell Hill Police Department and paid from current revenues available to
it for that purpose.
If you agree to the terms of this letter, please indicate so by signing the copy enclosed and
returning it to me at your earliest convenience. When I have a fully executed copy of the letter, I
will be in a position to forward the cameras to you or deliver them to your representative.
Sincerely,
__________________________
Gary W. Adams, Chief of Police
City of University Park, Texas
City of Cockrell Hill, Texas
By:_______________________________
Chief of Police
Date:_____________________________
AGENDA MEMO
(09/18/07 AGENDA)
DATE: September 12, 2007
TO: Honorable Mayor and City Council
FROM: Kate Smith, City Secretary/Assistant to the City Manager
SUBJECT: Discuss City Council Meeting dates for the remainder of 2007
ITEM:
We have received a request from Councilmember Walker to move the October 16, 2007
City Council Meeting date. Staff would like to propose moving this meeting to the
following Tuesday, October 23. Looking ahead to the remainder of the year, previously
we have held one City Council meeting the months of November and December because
of the holidays. If Council would like to do this, the City Council meeting schedule for
the rest of 2007 would be the following:
Tuesday, October 2
Tuesday, October 23
Tuesday, November 6
Tuesday, December 4