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HomeMy WebLinkAbout04 01/05/92 - 12/08/98January 6, 1999 RESOLUTIONS - A - AIRLINE WATER TOWER (SOIL REMEDIATION) MAXIM ENGINEERS 96-4 ALARM PERMITS, AMEND MASTER FEE SCHEDULE, RES 98-14 ALTERNATE FUELS AGRMT W/TEXAS DEPT OF TRANSPORTATION AMBULANCE, MICU REPAIR, McCOY-MILLER AMBULANCE, MICU $240 FEE, ITEMIZE CHARGES ANNUAL CONTRACTS, UNDER $10,000, CM APPROVE APPRAISAL ROLL, ADOPT 1993 APPRAISAL ROLL, ADOPT 1994 APPRAISAL ROLL, ADOPT 1995 APPRAISAL ROLL, ADOPT 1996 APPRAISAL ROLL, ADOPT 1997 APPRAISAL ROLL, ADOPT 1998 APPOINT MEMBERS TO BOARDS AND COMMISSIONS AS/400 MODEL 600 COMPUTER, NON COMPETITIVE BID 99-1 95-15 95-1 95-4 95-7 93-20 94-17 95-9 96-18 97-7 98-16 94-10 98-1 2/6/96 1/5/99 11/7/95 1/18/95 3/7/95 4/19/95 9/7/93 9/14/94 9/5/95 9/3/96 8/5/97 8/4/98 7/5/94 1/6/98 - B - BANKS NOT IN CITY, DEPOSITORY SERVICES BOARDS AND COMMISSIONS, APPOINT MEMBERS BOARDS AND COMMISSIONS, APPOINT MEMBERS 1996-98 BOARDS AND COMMISSIONS, APPOINT MEMBERS 1998-2000 BOARD OF ADJUSTMENT, ROY KULL APPOINT BOARD OF ADJUSTMENT, BARTON B. WALLACE, JR. BARSON CONSTRUCTION CO.,SEWER REPAIRS,ST ANDREWS BIRTH/DEATH REGISTRAR BROADCAST CHANNELS, FEDERAL COMMUNICATIONS COMM. BUILDING PERMITS MORATORIUM, NON CONFORM FRONT YARD BUSH, GEORGE, NAME HWY 190 98-19 94-10 96-14 98-15 94-13 95-3 94-1 93-19 97-3 93-7 95-5 12/8/98 7/5/94 6/4/96 7/22/98 8/2/94 3/7/95 2-1-94 8-18-93 5/6/97 4-21-93 3/7/95 - C - CABLE, TRANSFER SAMMONS TO MARCUS CANVASS THE VOTES, MAY 2, 1998 GENERAL ELECTION CASE, RON, APPRECIATION FOR FONDREN WATER TOWER CHIP WOODY LANDSCAPE MATERIALS (COMPOSTING) COG COMMISSIONS & BOARDS, APPOINT MEMBERS CDBG (COMMUNITY DEVELOPMENT BLOCK GRANT) CDBG (COMMUNITY DEVELOPMENT BLOCK GRANT AMEND I CDBG (COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CHECKS, RETURNED (CHARGE) CLEAN AIR COALITION, OZONE ADVISORY PROGRAM CIRCLE "C" CONSTRUCTION, SMU BLVD COALITION, TEXAS CITIES FOR FRANCHISED UTILITY ISSUES COMMERCIAL FILMING, PHOTOGRAPHY COMMITTEE APPOINTMENTS, 1996-98 COMMITTEE APPOINTMENTS, 1998-2000 COMPETITIVE BIDDING EXEMPT, IBM AS/400 CONTRACT, BARSON CONSTR.,ST ANDREWS CONTRACTS, UNDER $10,000, CITY MGR. APPROVE CREDIT CARD SERVICES, PAY COURT FINES 95-8 98-12 97-5 94-17 94-10 93-6 93-15 96-16 93-16 93-17 93-25 96-15 96-11 96-14 98-15 98-1 94-1 95-7 96-20 8/14/95 5/5/98 7/1/97 9/6/94 7/5/94 4-6-93 7-6-93 7/2/96 7-6-93 8/3/93 11/2/93 7/2/96 5/22/96 6/4/96 7/22/98 1/6/98 2-1-94 4/19/95 10/16/96 - D - DALLAS COUNTY/UP - COMMUNITY DEVELOPMENT BLOCK GRANT DALLAS COUNTY/UP-COM DEVELOP BLOCK GRANT (AMEND) DALLAS COUNTY/UP-OVERLAY STREETS, INTERLOCAL AGRMT DALLAS COUNTY/UP - URBAN COUNTY CDBG PROGRAM DALLAS CENTRAL APPRAISAL DISTRICT BOARD, T. LANDRUM DALLAS CENTRAL APPRAISAL DISTRICT, VOTE TOM LANDRUM DALLAS CENTRAL APPRAISAL DISTRICT, VOTE TOM LANDRUM DALLAS CENTRAL APPRAISAL DISTRICT, VOTE TOM LANDRUM DALLAS CENTRAL APPRAISAL DIST, VOTE DR.RALPH POTEET DALLAS REGIONAL MOBILITY COALITION (DRMC) FREEWAY MANAGEMENT WORKGROUP, CLEAR ACCIDENTS MAJOR ROADWAY DART, SOUTH OAK CLIFF LIGHT RAIL TRANSIT PROJECT DART, EMINENT DOMAIN DART, BOARD MEMBER(RICHARDSON, ADDISON, BUCKINGHAM, HP) DART, BD MBR (Ray Noah) ........ DART BOARD REP, RAY NOAH, (RICHARDSON, ADDISON, HP) DART BOARD REP, RAY NOAH, (RICHARDSON, ADDISON, HP) DART, FEDERAL FUNDING SUPPORT DEATH/BIRTH REGISTRAR (DALLAS COUNTY) DFW, AUTHORITY OF THE BD OVER DFW ACTIVITIES DRAKE, ED - SW HIGHER EDUCATION/TEX HIGHER EDUCATION DALLAS COUNTRY CLUB, SEWER REPAIR,McFARLIN SOUTH DEPOSITORY SERVICE, BANKS NOT IN CITY 93-6 93-15 95-14 96-16 93-23 93-26 95-16 95-17 97-9 98-2 93-11 93-12 93-13 94-8 96-13 98-13 98-10 93-19 93-2 93-3 98-18 98-19 4-6-93 7-6-93 10/3/95 7/2/96 10-5-93 11/2/93 11/7/95 12/5/95 11/4/97 1/6/98 5/4/93 7-6-93 7-6-93 6-15-94 6/4/96 6/17/98 3/3/98 8/18/93 1/5/93 1/5/93 12/8/98 12/8/98 - E - ELECTION, ORDER GENERAL ELECTION FOR MAY 7, 1994 94-3 ELECTION, JOINT WITH MUD (DALLAS CO HOLD) 94-4 ELECTION, CANVASS VOTES (RESULTS) 94-5 ELECTION, ORDER GENERAL ELECTION FOR MAY 4, 1996 96-2 ELECTION, JOINT WITH MUD (CONTRACT W/DALLAS COUNTY) 96-3 ELECTION, CANVASS VOTES (RESULTS), MAY 4, 1996 96-9 ELECTION, ORDER GENERAL ELECTION, MAY 2, 1998 98-4 ELECTION, CANVASS VOTES, MAY 2, 1998 GENERAL ELECTION 98-12 ELECTION, CNTRCT DALLAS CNTY, JOINT W/MUD 98-9 EMERGENCY, 9-1-1, SOUTHWESTERN BELL 95-11 EMINENT DOMAIN, DART 93-12 EMISSIONS TESTING, VEHICLE 95-6 2/16/94 2/16/94 5/11/94 2/6/96 2/6/96 5/7/96 2/3/98 5/5/98 2/18/98 9/20/95 7-6-93 4/4/95 - F - FEDERAL BROADCASTING COMM., RESERVE CHANNELS FEES, MASTER SCHEDULE, 1993 FEES, MASTER SCHEDULE, 1994 FEES, MASTER SCHEDULE, 1996 FEES, MASTER SCHEDULE, 1998 FEES, MASTER SCHEDULE, AMEND FOR ALARM PERMITS FEES, GRASS/WEED MOWING LIENS (INTEREST) FEES, RECYCLING FEES, SWIM POOL & TENNIS COURTS FEES, SWIM POOL FEES, SWIM POOL FEES, COMMERCIAL FILMING FEES, TRANSFER STATION FOR YARD WASTE FILMING FEES, COMMERCIAL FEDERAL UNFUNDED MANDATES FRANCHISED UTILITY ISSUES, TEXAS COALITION OF CITIES 97-3 93-8 94-12 96-19 98-14 99-1 97-1 94-19 94-2 96-6 98-11 96-11 94-7 96-11 93-24 96-15 5/6/97 5/4/93 8/2/94 9/3/96 7/7/98 1/5/99 1/7/97 10/19/94 2/1/94 4/2/96 4/7/98 5/22/96 6/7/94 5/22/96 10/20/93 7/2/96 - G - GRASS AND WEED MOW LIENS INTEREST (AMEND FEE RES 96-19) 97-1 1/7/97 - H - HANOVER, 2900, PURCHASE, $370,000 HILLCREST/LOVERS LANE, 112 SQ FT RIGHT OF WAY 97-6 93-10 8/5/97 5/4/93 - I - IBM AS/400, NO COMPETITIVE BID 98-1 INTERLOCAL INVST AGRMNT, LONE STAR INVESTMENT POOL 93-9 INTERLOCAL AGRMNT, PUBLIC FUNDS INVESTMENT COOPERATIVE 94-15 INVESTMENT POLICY, AMENDING, RES. 98-3 1/6/98 5/4/93 9/6/94 1/21/98 - J - JOINT ELECT AGRMT, CNTRCT DALLAS COUNTY, MAY 2, 1998 JONES, ORVILLE D. - PROPERTY CASUALTY & LIAB INS COM. 98-9 93-14 2-18-98 7-6-93 - K - KULL, ROY - APPOINT TO BOARD OF ADJUSTMENT 94-13 8~2/94 - L - LANDRUM, THOMAS LANDRUM, THOMAS - VOTE FOR DCAD BOARD DIRECTOR LANDRUM, THOMAS - VOTE FOR DCAD BOARD DIRECTOR LANDRUM, THOMAS - VOTE FOR DCAD BOARD DIRECTOR LOCAL GOVERNMENT INVESTMENT COOPERATIVE REP LONE STAR GAS COMPANY, RATE INCREASE SUSPENSION LONE STAR INVESTMENT POOL, INTERLOCAL INVEST AGRMENT LONE STAR INVESTMENT POOL, REPRESENTATIVE LONE STAR GAS, EXTEND TO JAN 17, 1996 RATE REQUEST LONE STAR GAS, STEERING COMMITTEE, AREA CITIES LOVERS LN/HILLCREST, 112 SQ FT RIGHT-OF-WAY LOVERS LN, 3000/3100 BLKS, EMRGNCY SEWER LICENSE AGRMNT, PRO GOLF DISCOUNT, 4320 LOVERS LANE 93-23 93-26 95-16 95-17 98/5 95-10 93-9 98-7 96-1 96-21 93-10 97-10 94-11 10/5/93 11/2/93 11/7/95 12/5/95 2/3/98 9/20/95 5/4/93 2/3/98 1/2/96 12/18/96 5/4/93 11/4/97 8/2/94 - M - MARCUS CABLE ASSOC, TRANSFER 95-8 MACHINE GUN TO US TREASURY ATF MUSEUM 96-7 MAXIM TECHNOLOGIES, CONTRACT AIRLINE SOIL REMEDIATION 96-4 MERCHANT AGREEMENT, FIRST TENNESSEE BANK, CREDIT CARD 96-20 MICU, AMBULANCE REPAIR, McCOY-MILLER 95/1 MICU, INCREASE SERVICE FEE 93-4 MICU, INCREASE FEE, ITEMIZE CHARGES 95-4 MOODY COLISEUM, SMU, BUILDING PERMIT APPEAL 93-4 MORATORIUM, BUILDING PERMITS NON-CONFORM FRNT YD 93-7 8/14/95 4/2/96 2/6/96 10/16/96 1/18/95 2/2/93 3/7/95 2/2/93 4/21/93 - N - NATIONAL LEAGUE OF CITIES, FEDERAL UNFUNDED MANDATES 9-1-1, EMERGENCY NUMBER, SERVICE FEE 9-1-1, OTHER LOCAL CARRIERS OF TELEPHONE SERVICE NOAH, RAYMOND D., APPT TO DART BOARD NORTH CENT TEX COG, CONTRACT TO CHIP WOODY MATERIALS NORTH TEXAS REGIONAL TOLLWAY AUTHORITY NOAH, RAY (DART BOARD REPRESENTATIVE) 93-24 95-11 97-4 96-13 94-17 93-1 94-8 10/20/93 9/20/95 5/21/97 6/4/96 9/6/94 1/5/93 6/15/94 - O - OAK CLIFF (SOUTH) LIGHT RAIL TRANSIT PROJECT, DART OVERLAY OF VARIOUS STREETS, DALLAS INTERLOCAL OZONE ADVISORY PROGRAM, NT CLEAN AIR COALITION 93-11 95-14 93-17 5/4/93 10/3/95 8/3/93 - P - PARK CITIES MUD, WATER CONSERVATION/DROUGHT PLAN 96-12 PEEK, FRED NASH, APPRECIATION FOR HIS CONTRIBUTION 96-5 POLICE, 1921 THOMPSON SUBMACHINE GUN, TREASURY MUSEUM 96-7 POTEET, DR. RALPH, VOTE DCAD BD OF DIRECTORS 97-9 PROP CASUALITY & LIAB INSURANCE COM (ORVILLE D. JONES) 93-14 PRO GOLF DISCOUNT, TEMP LICENSE AGRMNT 94-11 PUBLIC FUNDS INVESTMENT COOPERATIVE 94-15 PUBLIC UTILITY COMMISSION, TELEPORT COMMUNICATIONS 95-2 PUBLIC UTILITY COMMISSION, DOCKET #14634(TCG-DALLAS) 95-12 6-4-96 3-5-96 4/2/96 11/4/97 7-6-93 8/2/94 9/6/94 3/7/95 9/20/95 - R - RECYCLING FEES, AMEND RES. NO. 93-8 94-19 10/19/94 - S - SAFETY BROADCAST CHANNELS (SAVE), FCC SAMMONS COMMUNICATIONS, TRANSFER CABLE TO MARCUS SANITARY SEWER EMGNCY RECONSTRUCTION (THACKERAY) SANITARY SEWER EMGNCY, 3000/3100 BLKS LOVERS LANE SANITATION SERVICE CHARGES, INCREASE SEWER REPAIRS, ST. ANDREWS, EMERGENCY SEWER REPAIRS, TURTLE CREEK (S OF COLGATE-GREENBRIER) SEWER SERVICE CHARGES, INCREASE 97-3 95-8 95-13 97-10 93-21 94-1 94-6 93-21 SEWER EMERGENCY REPAIR, McFARLIN S ACROSS COUNTRY CLUB 98-18 SOUTHWEST HIGHER EDUCATION APPOINT ED DRAKE SOUTHWESTERN BELL, 9-1-1 SERVICE FEE SMU BLVD., CURB & GUTTER S.T.A.R., REMEMBER TEXAS BIRTHDAY (TO LEGISLATURE) STEERING COMMITTEE, TU ELECTRIC SERVICE AREA CITIES STEERING COMMITTEE, TU ELEC SERVICE AREA CITIES STEERING COMMITTEE, LONE STAR GAS, AREA CITIES STREETS OVERLAY, DALLAS INTERLOCAL SUBMACHINE GUN TO US TREASURY ATF MUSEUM SWIM POOL, FEE CHANGE SWIM POOL, FEE CHANGE SWIM POOL, FEE CHANGE 93-3 95-11 93-25 98-20 96-17 97-2 96-21 95-14 96-7 94-2 96-6 98-11 5/6/97 8/14/95 10/3/95 11/4/97 9/7/93 2/1/94 5/25/94 9/7/93 12/8/98 1/5/93 9/20/95 11/2/93 12/8/98 8/6/96 4/23/97 12/18/96 10/3/95 4/2/96 2/1/94 4/2/96 4/7/98 - T - TAX RATE, PUBLIC HEARING 94-14 TCG-DALLAS, TELECOMMUNICATIONS SERVICES 95-12 TELEPHONE, 9-1-1, OTHER LOCAL EXCHANGE CARRIERS 97-4 TELEPORT COMMUNICATIONS, DOCKET #13655 95-2 TENNIS COURT, FEE CHANGE 94-2 TEXAS COALITION OF CITIES FOR FRANCHISED UTILITY ISSUES 96-15 TEX DEPT OF TRANSPORTATION, ALTERNATE FUELS AGRMT 95-15 TEXAS HIGHER EDUCATION APPOINT ED DRAKE 93-3 TEXAS BIRTHDAY CELEBRATE, TEX ANNIVERSARY REMEMBERANCE 98-20 TEXAS HIGHER EDUCATION, AMEND TEXAS HIGHER EDUCATION, CORRECT BOND/LOAN DOCUMENTS TEXAS LOCAL GOVERNMENT INVESTMENT POOL REP TEXAS LOCAL GOVERNMENT STATEWIDE PURCHASING COOP TEXAS MUNICIPAL LEAGUE, FEDERAL UNFUNDED MANDATES TEXAS TURNPIKE AUTHORITY, NAME HWY 190 GEORGE BUSH TEXAS TURNPIKE AUTH (TTA), MULTI-COUNTY TOLLWAY AUTH TEXPOOL, INVESTMENT BY CITY REPRESENTATIVES TEXAS TREASURY SAFEKEEPING TRUST COMPANY THACKERAY SAN SEWER EMERGENCY RECONSTRRUCITON TOLLWAY, DALLAS AREA TOLLWAY FACILITIES TU ELECTRIC, SUSPEND PROPOSED RATE INCREASE TU ELECTRIC RATE CASE, COMANCHE PEAK/FUEL PHASES TU ELECTRIC FUEL SURCHARGE CASE TU ELECTRIC, TARIFF/SCHEDULE OF RATES (SUSPENDING) TU ELECTRIC, STANDING STEERING COMMITTEE AREA CITIES TU ELECTRIC, STEERING COMMITTEE AREA CITIES TURTLE CREEK, SEWER MAIN REPAIR 93 -27 96-10 98-6 98-17 93 -24 95-5 96-8 94-16 94-16 95-13 93 -1 93 -5 93 -18 93 -22 94-9 96-17 97 -2 94-6 8/17/94 9/20/95 5/21/97 3/7/95 2/1/94 7/2/96 11/7/95 1/5/93 12/8/98 11/2/93 5/7/96 2/3/98 11/18/98 10/20/93 3/7/95 4/17/96 9/6/94 9/6/94 10/3/95 1/5/93 2/10/93 8/3/93 9/15/93 7/5/94 8/6/96 4/23/97 5/25/94 - U - URBAN COUNTY CDBG PROGRAM (DALLAS COUNTY) 96-16 7/2/96 - V - VITAL STATISTICS, BIRTHS/DEATHS (DALLAS COUNTY) VEHICLE EMISSIONS TESTING PROGRAM 93-19 95-6 8/18/93 4/4/95 - W - WALLACE, BARTON - BOARD OF ADJUSTMENT APPOINT WATER CONSERVATION/DROUGHT CONTINGENCY PLAN, MUD WATER SERVICE CHARGES, INCREASE WATER MAIN EMERGENCY REPAIR, ST. ANDREWS WATER TOWER, AIRLINE - SOIL REMEDIATION WEED/GRASS MOWING LIENS(INTEREST), AMEND RES 96-19 WIRE TRANSFERS FROM CITY ACCOUNTS, AUTHORIZED 95-3 96-12 93-21 94-1 96-4 97-1 98-8 3/7/95 6/4/96 9/7/93 2/1/94 2/6/96 1/7/97 2/3/98 - Y - YARD WASTE, TRANSFER STATION FEES 94-7 6/7/94 RESOLUTION NO. 93-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ENDORSING THE CONCEPT OF A NORTH TEXAS REGIONAL TOLLWAY AUTHORITY TEAT WILL ASSUME OWNERSHIP AND MANAGEMENT OF THE DALLAS AREA ASSETS, LIABILITIES, FACILITIES, ETC., OF THE TEXAS TURNPIKE AUTHORITY; URGING THE DALLAS COUNTY COMMISSIONERS COURT AND THE TEXAS TURNPIKE AUTHORITY TO NEGOTIATE THE COUNTY'S ACQUISITION OF THE DALLAS AREATOLLWAY FACILITIES OF THE TEXAS TURNPIKE AUTHORITY; RECOGNIZING THE IMPORTANCE OF THE FINANCIAL RESOURCES OF THE DALLAS AREA TOLLWAY FACILITIES AND THE NEED FOR THESE RESOURCES TO BE TRANSFERRED WITH THE FACILITIES AT A LEVEL NECESSARY TO MEET CURRENT AND FUTURE NEEDS AND OBLIGATIONS OF THE FACILITIES; AND RECOMMENDING TEAT THE DALLAS COUNTY COMMISSIONERS COURT CONTINUE THE CURRENT SUCCESSFUL OPEEATIONSAND, IN PARTICULAR, RECOGNIZE THE NEED TO WORK COOPERATIVELY AND WITH THE SUPPORT OF EACH CITY AND COUNTY. WHEREAS, it appears that Harris County is going to acquire from the Texas Turnpike Authority (TTA) the Jesse Jones Memorial Bridge; and WHEREAS, the Harris County Tollway Authority has successfully developed two urban tollways within the last decade extending over fifty miles in length and is planning to add an additional thirty miles to the Sam Houston Tollway linking it with the Jesse Jones Memorial Bridge; and WHEREAS, Harris County has benefitted significantly by virtue of its local tollway authority; and WHEREAS, the remaining tollway facilities of the Texas Turnpike Authority, i.e. the Dallas North Tollway and the Mountain Creek Lake Bridge, are situated in the counties of Dallas and Collin; and WHEREAS, it is appropriate that there be established a North Texas Regional Tollway Authority to assume the ownership and management of the tollway facilities in the Dallas urban area as Harris County is doing in the Houston urban area; and WHEREAS, the goal of the City of University Park is that the North Texas Regional Tollway Authority continue the successful operation and facilities management of the Texas Turnpike Authority, and further, aggressively pursue all opportunities available to develop effective transportation enhancements in the Dallas area; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City of University Park, Texas, endorses the concept of a North Texas Regional Tollway Authority that will assume ownership and management of the Dallas area assets, liabilities, Authority. facilities, etc. of the Texas Turnpike SECTION 2. That the City of University Park, Texas, urges the Dallas County Commissioners Court and Texas Turnpike Authority to negotiate the County's acquisition of the Dallas area tollway facilities of the Texas Turnpike Authority, i.e. the Dallas North Tollway, Mountain Creek Lake Bridge, and offices, equipment, and other support services for those two operating projects. SECTION 3. That the City of University Park, Texas, recognizes the importance of the financial resources of the Dallas area tollway facilities for deferred maintenance and reconstruction costs, future maintenance and reconstruction costs, debt service payments and other current and future operating and capital costs that will be necessary to maintain the Dallas area tollway facilities in quality operating condition, and that these resources of the Dallas area tollway facilities should transfer with the facilities at an amount necessary to meet the current and future needs and obligations of the facilities, if they are acquired by the Dallas County Commissioners Court. SECTIO~ 4. That the City of University Park, Texas, recommends that the Dallas County Commissioners Court, upon assumption of the assets, liabilities, and management of the Dallas area facilities of the Texas Turnpike Authority, continue the operations and the current projects of the Texas Turnpike Authority in the Dallas area with minimal change, and, in particular, recognize the need to work cooperatively and with the support of each city and county in whose area projects are now located, or may be located in the future. PASSED A~D APPROVED this the 5th day of January, 1992. ATTEST: APPROVED: CITY SECRETARY RESOLUTION NO. 93-2 A RESOLUTION SUPPORTING THE EFFORTS OF THE DALLAS/FORT WORTH AIRPORT BOARD TO OBTAIN LEGISLATION AFFIP44ING THE AUTHORITY OF THE BOARD OVER THE ACTIVITIES OF THE DALLAS/FORT WORTH AIRPORT. WHEREAS, the State Legislature enacted the Texas Municipal Airports Act in 1947, which has been amended from time to time thereafter; and WHEREAS, on September 27, 1965, the Cities of Dallas and Fort Worth established the Dallas/Fort Worth Airport Board under the Texas Municipal Airports Act to plan, establish, operate, and improve Dallas/Fort Worth International Airport; and WHEREAS, the Cities of Dallas and Fort Worth in a 1968 Agreement authorized the Airport Board to proceed with the development of the Airport to be jointly owned by the Cities of Dallas and Fort Worth and operated by the Airport Board; and WHEREAS, Dallas/Fort Worth International Airport was opened for airline service in January, 1974, located between the Cities of Dallas and Fort worth, primarily within four cities and two counties; and WHEREAS, Dallas/Fort Worth International Airport has grown to be the second busiest airport in the world today and is projected to be the world's busiest by the year 2000; and WHEREAS, Dallas/Fort Worth International Airport must expand to meet the growing air traffic needs of the North Texas region, the State of Texas, and the entire national air transportation system; WHEREAS, after twenty years of growth and development at DFW International Airport, the Airport Board's authority to control its own land use and development as permitted under the Texas Municipal Airports Act is being challenged; and WHEREAS, the Dallas/Fort Worth International Airport Board must have the authority to operate, develop, and expand the Airport to ensure the safety of the traveling public, to maintain its competitiveness in the market, to meet the projected needs of the traveling air public, to protect 31,000 jobs and a $30 billion stimulus to the Texas economy over a twenty year period, to increase the capacity of the national air transportation system by 15%, to reduce delay costs which impact the airlines and the traveling public, and to prevent developmental gridlock by being subject to the control of numerous independent non-proprietor cities; and WHEREAS, Dallas/Fort Worth International Airport Board desires through a legislative initiative to reaffirm its authority, provided to the Airport Board under the Texas Municipal Airports Act, to control operations, development, and land use at Dallas/Fort Worth International Airport; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFUNIVERSITY PARK, TEXAS; SECTION 1. That the City of University Park supports the Dallas/Fort Worth International Airport Board's legislative initiative to reaffirm its authority under the Texas Municipal Airports Act to operate, develop, zone, and regulate land use at Dallas/Fort Worth International Airport. SECTION 2. That such legislation reaffirm Dallas/Fort Worth International Airport Board's power, in addition to all other powers contained in the Act, to plan, acquire, establish, and develop, construct, enlarge, improve, maintain, equip, operate, regulate, zone, protect and police Dallas/Fort Worth International Airport and its associated air navigation facilities and airport hazard areas. SECTION 3. That such legislation reaffirm the right already expressly given to the Airport Board to acquire property, if so authorized by the City Councils of Dallas and Fort Worth, through eminent domain proceedings including those public roads and streets reasonably necessary for the operation and development of the Airport. SECTION 4. That the importance of this legislative initiative to the North Texas region, the entire State of Texas, and the national air transportation system, as a whole, warrants the passage of this Resolution. SECTION 5. That this resolution shall take effect immediately. PASSED AND APPROVED this the 5th day of January, 1992. ATTEST: APPROVED: RESOLUTION NO. 93-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION NO. 92-13 IN ORDER TO APPOINT ED DRAKE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE SOUTHWEST HIGHER EDUCATION AUTHORITY, INC., AND AS A MEMBER OF THE BOARD OF DIRECTORS OF THE TEXAS HIGHER EDUCATION AUTHORITY, INC. WHEREAS, the City Council of the City of University Park appoints numerous statutory and advisory boards and committees and; ' WHEREAS, these committees are appointed for two year terms; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of University Park, Texas; That the City Council appoints Ed Drake as a member of the Board of Directors of the Southwest Higher Education Authority, Inc., and as a member of the Board of Directors of the Texas Higher Education Authority, Inc. Mr. Drake will replace John G. Roach who resigned. The appointment shall be coterminous with the City Council or until a successor is named. PASSED AND APPROVED this the 5th day of January, 1992. ATTEST: CITY SECRETARY RESOLUTION NO . 93- 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION NO. 91-14; PROVIDING A MOBILE INTENSIVE CARE SERVICE FEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas, enacted Resolution No. 91-14 on November 5, 1991, imposing reasonable fees, rates and charges for municipal services; and WHEREAS, the City Council has determined that the fee for mobile intensive care service should be revised to cover a greater portion of the actual cost of said service provided by the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Section IV, Subsection 3, of Resolution No. 91-14 be, and the same is hereby, amended to read as follows: "3. Ambulance (MICU) (Ch. 1, Sec. 18) Mobile intensive care service fee A fee of two hundred and forty dollars ($240.00) shall be charged per trip per person for the transportation by Mobile Intensive Care Unit of a person or persons to a hospital providing emergency medical attention within the boundaries of Dallas County. In all cases, whether one (1) person or more than one (1) person is transported in the same M.I.C.U., the per trip charge applies to each individual." SECTION 2. This Resolution shall take effect immediately from and after its passage and the fees established hereby shall take effect on the first day of February, 1993. PASSED AND APPROVED this the 2nd day of February, 1993. APPROVED .. Fn~YOR ~ S ATTEST: ~_~A~PR~VED AS TO FO~M: CITY ATTORNEY CITY SECRETARY RESOLUTION NO. 93-5 A RESOLUTION AUTHORIZING THE STEERING COMMITTEE OF TU ELECTRIC SERVICE AREA CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS; AUTHORIZING THE STEER- ING COMMITTEE TO INTERVENE ON BEHALF OF THE CITY OF University Park IN THE TEXAS PUBLIC UTILITY COMMISSION TEXAS UTILITIES ELECTRIC COMPANY RATE CASE, RURAL CASE (PUC DOCKET NO. 11735), AND RELATED DOCKETS; SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Texas Utilities Electric Company (TUEC) did, on January 22, 1993, file a schedule of rates for service with individual cities and the Texas Pub- lic Utility Commission (PUC Docket No. 11735) ("rural case") for an increase in rates, with such new rates to have a proposed effective date of February 26, 1993; the City of University Park , Texas ("CITY"), is a regulatory authority having a statutory duty to participate in such proceedings and whose citizens will be substantially affected by the rates established as a result of such pro- ceedings; and the economic development potential and competi- tiveness of the electric service area will be pro- foundly affected by the rates established; and CITY is entitled to be reimbursed for its rea- sonable expenses pursuant to Section 24(a) of the Texas Public Utility Regulatory Act; and the Steering Committee of TU Electric Service Area Cities has been formed to facilitate and coordi- nate the participation of Cities in the service area of TUEC in these rate proceedings; and after having considered the presentation of TUEC, it is the opinion of the City Council of CITY that such schedule of rates should be suspended for a period of ninety (90) days from the effective date WHEREAS, stated in TUEC's Statement of Intent as initially filed or hereafter revised, for further study, investigation, ~presentation of evidence, and public hearing; it is in the public interest to join with other cities to review such filing and present evidence as may be appropriate before the Public Utility Commission, all as directed by the Cities' Steer- ing Committee; NOW THEREFORE, BE IT RESOLVED 'BY THE CITY University Park , TEXAS: I. COUNCIL OF THE CITY OF That CITY authorizes the Steering Committee of Texas Utilities Electric Service Area Cities of which CITY is a participating member, to retain legal counsel and engage rate case consultants, and intervene on behalf of CITY in PUC Docket No. 11735, and related dockets. II. In order to allow CITY sufficient time to analyze and prepare for hearing and decision on any requested rate, the City Council of CITY hereby suspends the operation of the proposed tariffs and schedules of rates which would other- wise go into effect, for a period of ninety (90) days from the effective date stated in TUEC's Statement of Intent, as initially filed or hereafter revised, i.e. suspension until Midnight, May 27, 1993, and for such additional period of time as may be necessary and authorized by law. During such period of suspension, the rates in force shall be those rates in effect when the suspended schedule was first filed, and shall continue in force until finally approved, modified or denied by the City Council. III. CITY should join with other participating Cities to re- view such filing and to intervene at the Public Utility Com- mission subject to the right to terminate such participation at any time by written notice and to act independently in the exercise of local regulatory authority. (2) IV. The City Secretary shall cause copies of this resolu- tion to be sent to the TUEC representative: Mr. T. Michael Ozymy Vice-President Texas Utilities Electric Company 2001 Bryan Street, Suite 1900 Dallas, Texas 75201 and the Chair of the Steering Committee: Mr. Jay B. Doegey Chair Steering Committee of Texas Utilities Electric Service Area Cities Post Office Box 231 Arlington, Texas 76004-0231. PRESENTED AND PASSED on this the 10th day of February 1993, by a vote of ~ 0 ayes and nays at a regular meeting of the City Council of the City of University Park Texas. ATTEST-. Mayor City Secretary APPROVED AS TO FORM: City Attorney (3) RESOLUTION NO. 93/6 WHEREAS, the 93rd Session of the Congress passed, and the President of the United States signed into law, the Housing and Community Development Act of 1974 (PL93-383) which created the Urban County Community Development Block Grant (CDBG) program; WHEREAS, Dallas County, Texas is applying to the U. S. Department of Housing and Urban Development for Urban County CDBG entitlement status; WHEREAS, in order to qualify for this status, Dallas County must enter into cooperative agreements with local governments and have the collective population of the County's unincorporated area and the participating local governments total at least 100,000 people; WHEREAS, Texas cities and counties are authorized under Chapter 373, Local Government Code, and Section 381.003, Local Government Code, to conduct essential Housing and Community Development activities; and WHEREAS, Texas cities and counties are authorized under Article 4413 (32c), VTCS, to enter into cooperative agreements with one another. NOW, THEREFORE, BE IT RESOLVED THAT: The City of University Park, supports the efforts of Dallas County, Texas to qualify for the Urban County CDBF Program and asks that its population be included in such a program for three successive years (federal fiscal years 1991, 1992, and 1993); Through this and other cooperative agreements, Dallas County will have the authority to conduct activities funded from annual community Development Block Grants from Federal Fiscal Year 1994, 1995, and 1996 appropriations; Dallas County and the City of University Park agree to cooperate to undertake, or assist in undertaking community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing; Dallas County and the City of University Park shall take all actions necessary to assure compliance with the Urban County's certification required by Section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, Section 109 of Title I of the Housing and Community Development Act of 1974, and Title VIII of the Civil Rights Act of 1968; Dallas County and the City of University Park understand that Urban County funding will not be provided for activities in or in support of a cooperating local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certifications; The City of University Park understands that, in accordance with 24 CFR 570.501 (b) and 570.503, it shall be subject to the same administrative requirement as a subrecipient should it receive funding under this program; The City of University Park agrees to inform Dallas County of any income generated by the expenditure of CDBF funds received, and that any such program income must be paid to the County to be used for eligible activities in accordance with all Community Development Block Grant requirements; Dallas County is responsible for monitoring and reporting to the U. S. Department of Housing and Urban Development on the use of any such program income, and that in the event of close-out or change in status of University Park, any program income that is on hand or received subsequent to the close-out or change in status shall be paid the County; The City of University Park agrees to notify Dallas County of any modification or change in the use of the real property from that planned at the time of acquisition or improvement, including disposition, and further agrees to reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non-CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations; Any money generated from the disposition or transfer of property will be treated as program income and returned to the County prior to, or subsequent to, the close-out, change of status, or termination of this cooperative agreement between Dallas Country and the City of University Park; The City of University Park understands that Dallas County will have final responsibility for administering the CDBF program, selecting CDBG projects and filing annual grant requests; and The Mayor of University Park, Texas is authorized to sign any additional forms, on behalf of the City of University Dark, that the U. S. Department of Housing and Urban Development may require. ACCEPTTED AND APPROVED, this 6th day of April, 1993. APPROVED: ATTEST: CITY SECRETARY RESOLUTION NO. 9:3- 7 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, PLACING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS UNDER CERTAIN CONDITIONS DESCRIBED IN SECTION 9-501(3) OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING THAT SUCH MORATORIUM SHALL EXPIRE AFTER NINETY (90) DAYS OR DISPOSITION OF A ZONING CHANGE PROCEEDING WITH REGARD TO SUCH SECTION, WHICHEVER COMES FIRST; PROVIDING FOR THE CALLING OF A PUBLIC HEARING TO CONSIDER AMENDMENT OF SUCH SECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 9-501 (3) of the Comprehensive Zoning Ordinance provides that front yard setbacks in residential districts may be established by the average front yard of all buildings in the block, but not to exceed fifty (50) feet; and WHEREAS, there are certain blocks within the residential districts having an average front yard setback of greater than eighty (80) feet; and WHEREAS, to establish a minimum front yard of fifty (50) feet in a block whose average front yard is eighty (80) feet may be harmful to the character of the neighborhood, the real estate values, and the public health, safety and general welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The City Council of the City of University Park finds and determines that the premises hereof are true and correct. SECTION 2. That City Council further finds and determines that it is in the interest of the public health, safety and general welfare to place a moratorium on the issuance of any building permit for a main residential structure whose front building line is proposed to be greater than ten percent (10%) less than the average front yard of all buildings in the block wherein such residential structure is proposed to be built. For example, if the average front yard of all buildings in the block is eighty (80) feet and the application for a building permit provides for a front yard of seventy-two (72) feet (80 feet minus 8 feet) the building permit will be granted, but if the building permit proposes a front yard of seventy-one (71) feet (more than 10% less than the average), the building permit will be denied under this moratorium. This moratorium shall not apply to any application which proposes a front yard greater than the average front yard of the block. SECTION 3. The City Manager shall immediately cause this moratorium to be communicated to the Zoning Ordinance Advisory Committee with the request that a possible amendment of Section 9-501 (3) of the Comprehensive Zoning Ordinance be considered and that their recommendation be directed, as soon as possible, to the Planning and Zoning Commission. The Planning and Zoning Commission is then requested to call a public hearing in the usual manner to consider such an amendment and make its recommendation to the City Council. SECTION 4. That this moratorium shall remain in effect for a period of ninety (90) days or until final action is taken on any proposed amendment to Section 9-501 (3) by the City Council, whichever comes first. SECTION 5. Any property owner subject to this moratorium may apply to the City Council for an exception in the event an extreme hardship results from its application. SECTION 6. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED and approved the 21 st day of Apz:±]. 1993. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY AGGO3E5C RESOLUTION NO. 93-8 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, ESTABLISHING FEES, RATES AND CHARGES FOR GOODS AND SERVICES PROVIDED BY THE CITY; REPEALING RESOLUTION NO. 9'1-14 AND ALL PRIOR RESOLUTIONS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas, has heretofore imposed reasonable fees, rates and charges for municipal services in Resolution No. 91- 14; and WHEREAS, the City Council has determined that the fees established therein are inadequate in some respects, require additions, and should be reestablished in a current resolution; and WHEREAS, the fees, rates and charges of the City have heretofore been established by ordinance or are authorized by the University Park City Code or by this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the fees, rates and charges set out in the Master Fee Schedule attached hereto as Exhibit "A" and made part hereof for all purposes be, and they are hereby, adopted as the fees, rates and charges authorized for the municipal services they describe. SECTION 2. That Resolution No. 91-14 and all prior resolutions in conflict herewith are repealed hereby, and all amendments to Resolution 91-14 as contained herein and in any prior resolution amending Resolution No. 91-14 are incorporated herein specifically. SECTION 3. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. 1993. DULY PASSED and approved the 4th day of Ma~. ATTEST: CITY SECRETARY CITY OF UNIVERSITY PARK, TEXAS MASTER FEE SCHEDULE RESOLUTION NO. 93-8 EXHIBIT "A" TABLE OF CONTEI~S I. Administrative Services 1. Health permit 2. Council chamber rental 3. Permit to vend frozen dairy food products 4. Permit to paint house numbers on streets 5. License for dogs and cats 6. Returned check charge 7. Birth and death certificates 8. City water customers mailing lists 9. Photocopy charges II. Building and Zoning 1. Building permit 2. Mechanical permit 3. Registration of mechanical contractor 4. Plumbing and electrical permits 5. Plumbing contractor registration 6. Sign permits 7. Planning and Zoning Commission and Board of Adjustment hearings filing fees 8. Real estate and tax inquiries 9. Electrician contractor registration 10. Drainage 11. Registration of license to install automatic fire-extinguishing systems 12. Registration of irrigator contract 13. House moving permit 14. Temporary and mobile home moving permit III. Utilities 1. Water meter security 2. Reconnection following cut-off after non-payment of water bills 3. Emergency water cut-off service 4. Examination and test of meters 5. Meter rereads 6. Water service 7. Conservation surcharge 8. Sewer service 9. Commercial and business sewer service 10. Service to Southern Methodist University 11. Utility service construction fees IV. Public Safety and Judicial 1. Impounded vehicles 2. Wrecker service 3. Ambulance service 4. Solicitor's license 5. Commission for private guards 6. Impoundment fees for animals 1 1 1 1 1 1 2 2 2 2 3 3 4 4 4 5 5 5 5 6 6 6 6 7 7 7 7 8 8 8 9 9 9 10 10 11 11 11 11 VI. 7. Reserved 8. Reserved Sanitation 1. Residential garbage collection 2. Commercial garbage collection 3. Brush and tree limbs removal 4. Appliances and furniture removal 5. Liquid waste transport Parks and Recreation 1. Tree stumps 2. Park reservations 3. Tennis courts 4. P.A. system for pavilion 5. Parks and playing fields reservations for filming 6. Playing fields reservations 7. Swimming pool 8. Swimming lessons 9. Sports clinics in the park 10. Park reservation and rental 12 12 12 12 13 13 13 13 13 14 14 14 14 14 15 15 16 I. ADMINISTRATIVE SERVICES 1. Health permit (Ch. 6, Sec. 3) An annual fee Of one hundred and seventy-five dollars ($175.00) will be collected from each food service establishment for a health permit issued by the City Secretary and thereafter for the renewal of such permit. 2. Council chamber rental (Ch. 1, Sec. 15) (1) Community-related groups which serve the youth or elderly shall be allowed the use of the premises for ten dollars ($10.00) daytime use (8:00 a.m. to 5:00 p.m.) and twenty dollars ($20.00) for after 5:00 p.m. to 11:00 p.m. use. (2) Ail other groups shall pay twenty-five dollars ($25.00) per daytime use and fifty dollars ($50.00) for after 5:00 p.m. to 11:00 p.m. use. 3. Permit to vend frozen dairy food products (Ch. 4, Sec.l.1) Applicants for a permit to vend frozen dairy products will be charged a fee of twenty-five dollars ($25.00) for investigation. The fee shall not be prorated and shall be paid at the time application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. 4. Permit to paint house numbers on streets (Ch. 4, Sec.l.2) A fee of twenty-five dollars ($25.00) for investigation shall be charged to any person applying for a permit to paint house numbers on streets. The fee shall not be prorated and shall be paid at the time the application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. 5. License for dogs and cats (Ch. 2, Sec. 8) The owner of each dog or cat more than four (4) months old in the city shall obtain a license for such dog or cat from the city manager or his designee. At the time of application for such license, the owner shall present a certificate of vaccination as specified in the City Code, and pay a licensing fee of ten dollars ($10.00) for each altered dog or cat and twenty dollars ($20.00) for each unaltered dog or cat. 6. Returned check charge (Res. 82-20) A charge of ten dollars ($10.00) will be imposed by the City for the collection of checks returned by the banks for the lack of funds when such checks are used in payment to the City for deposits or obligations legally owed by the issuer of the said returned checks. The Director of Finance will add the ten dollars ($10.00) to the other obligations owed to the City by the issuer of the returned checks. The Director of Finance, with the approval of the City Manager, may waive such charge if the City was negligent in the cashing of the check or if special circumstances deem the waiver as appropriate; however, in all cases of a waiver complete records must be made of the reason for the waiver. 7. Birth and death certificates (Res. 81-16) Pursuant to House Bill No. 292, passed by the 67th Texas State Legislature, amending Rule 54a, Article 4477 of Vernon's Texas Civil Statutes, the City shall charge five dollars ($5.00) for each copy of a birth record or part of a birth record, and five dollars ($5.00) for the first copy of a death record and two dollars ($2.00) for each additional copy of the record requested by the applicant in a single request. 8. Mailing lists of City water customers (Res. 87-13) Mailing lists of the City of University Park Water Department customers may be purchased for one hundred dollars ($100.00). 9. Photocopy charges (Admin. Or. FNC-13) (1) The charge for photocopies up to 8.5" x 14" will be $1.00 for the first page and $.10 for each additional page. (2) The charge to reproduce documents larger than 8.5" x 14" will be the actual cost incurred by the City in obtaining the reproductions. (3) The charge to reproduce documents stored on microfilm will be $2.00 per page. (4) The charge to retrieve information from mainframe computer data storage banks will be computed at the rate of $25.00 per hour of operator time for information requested in a standard City report form and $125.00 per hour for information requested in a non-standard format. EXCEPTIONS: (5) The charges in the above section do not apply to official publications normally offered to the public free of charge. (6) Copies of the complete University Park Zoning Ordinance may be purchased for $10.00. (7) Address labels printed from the City's mailing list are available to nonprofit organizations for a fee of $100.00. ADDITIONAL CHARGES: (8) Requests requiring more than 1/2 hour of search and preparation time will be subject to an additional fee to cover processing costs. The fee will be computed at the rate of $25.00 per hour. II. BUILDING AND ZONING 1. Building permit (Ch. 3, Sec 1) (1) New construction fees: Residential: building area sq. ft. 1000 or less 1001 - 1250 1251 - 1500 1501 - 1750 1751 - 2000 2001 - 2250 2251 - 2500 2501 - 3000 permit fee $ 800.00 Sz000.00 $1200.00 $1400.00 $1600.00 $18oo.oo $2000.00 $2400.00 3001 - 3500 3501 - 4000 4001 - 4500 4501 or greater $2800.00 $3200.00 $3600.00 $3,600.00 + .80 per sq. ft. Nonresidential: $ 0 - $ 350,000 $ 350,000 - $1,000,000 $1,000,000 or greater 1% of value $3,500.00 + .75% of value over $350,000 $4,875.00 + .5% of value over $1,000.00 (2) Additions, alterations, and repair fees: Occupancy type ALL Valuation $ 0 - 500 501 - 1000 1001 - 2500 2501 - 5000 5001 or > Permit fee $ 20.00 $ 30.o0 $ 40.00 $ 50.00 1% of value 2. Mechanical permit (Ch. 3, Sec. 11) (1) Fees for new construction: Type of occupancy Building area in square feet Residential: 1000 or less 1001 - 1250 1251 - 1500 1501 - 1750 1751 - 2000 2001 - 3500 3501 - 4500 4501 or > Mechanical permit fee $ 20.00 $ 35.00 $ 50.00 $ 65.00 $ 80.00 $ 95.0o $11o.oo $120.00 Nonresidential: 0 - 250 250 - 500 500 - 100,000 100,000 or > $ 10.00 $ 20.00 $ 20.00 + .02/sq. ft. $500.00 + .015/sq. ft. (2) Fees for additions, alterations, and repairs: Type of occupancy Valuation Mechanical permit fee Ail $ O - 500 501 - 1500 1501 - 3000 3001 - 10,000 10,001 or > $10.00 3% of valuation $15.00 + 2% of valuation $45.00 + 1% of val. $95.00 +.5% of val. 3. Reqistration of mechanical contractor The registration fee for a mechanical contractor shall be twenty- five dollars ($25.00). 3 4. Plumbing and electrical permits (Ch. 3, Sec. 10, Sec.12) Cost of permit The fees for plumbing and electrical permits shall be set forth as follows: (1) Fees for new construction: Type of Building area occupancy square feet Residential 1000 - 1250 1251 - 5000 1501 - 1750 1751 - 2000 2001 - 3500 3501 - 4500 4501 or > Permit fee $ 20.00 $ 35.00 $ 50.00 $ 65.00 $ 95.00 $110.00 $120.00 Nonresidential O - 250 251 - 500 501 - 100,000 100,001 - or more $ 10.00 $ 20.00 $20.00 + .02/sq. ft. $500.00 + .015/sq. ft. (2) Fees for additions, alterations and repairs: Type of occupancy Valuation Permit fee Ail $ 0 - 500 501 - 1500 1501 - 3000 3001 - 10,000 10,001 or > $10.00 3% of valuation $15.00 + 2% of val. $45.00 + 1% of val. $95.00 + .5% of val. 5. Registration of plumbing contractor It shall be required that all plumbing contractors register with the city. The registration fee shall be twenty-five dollars ($25.0o). 6. Sign permits (Ch. 12, Sec. 1, I) (1) A sign permit shall not become valid until the applicant has paid to the City the appropriate fee according to the following schedule: Type sign Ail Valuation Permit fee $ O - 500 $ 20.00 501 - 1000 $ 30.00 1001 - 2500 $ 40.00 2501 - 5000 $ 50.00 5001 or more 1% of value (2) An investigation fee shall be collected in addition to the permit fee whenever any sign for which a permit is required has been installed, replaced or altered without first having obtained 4 a permit. The investigation fee shall be two (2) times the amount of the permit fee and shall not exceed two hundred fifty dollars ($250.00). The investigation fee shall be collected even if a permit is not issued. 7. Filinq fee for the Planning and Zoning Commission and Board of Adjustment hearings (Zoning Ordinance/Res. 82-3) The fees to be paid by applicants who request a hearing before either the Board of Adjustment or the Planning and Zoning Commission shall be one hundred fifty dollars ($150.00) per application. 8. Real estate and tax inquiries (Res. 85-9) Information relative to real estate description or tax matters shall not be given out over the telephone to any commercial establishment by employees of University Park. All inquiries in regard to real estate descriptions, tax searching status, etc., shall be presented in writing to the City and the City shall make a three dollar ($3.00) charge for each item requested. 9. Registration of electrician's license (Ch. 3, Sec. 10) The fees for licensing of qualified electricians and electrical contractors shall be payable to the City of University Park as set forth in the following table. The period for payment of fee shall begin on January 1st and end December 31st of the same calendar year. No inspection permit will be issued, nor work authorized to permit the applicant thereof to enter into a contract for or do any installation, maintenance or repair of any electrical work unless such person has paid his annual registration fee as required by this subsection. License Annual Fee Electrical Contractor Master Electrician Journeyman Electrician $75.00 $20.00 $10.00 10. Drainaqe fee (Ch. 3, Sec. 1) In lieu of the option available in paragraph (iv) of Chapter 3, Section 1, Subsection C, Part 18c of the City Code, a monthly drainage fee may be paid. If the amount of impervious area exceeds that allowed in paragraph (i) of the above referenced part of the City Code, the monthly drainage fee shall be calculated as follows: Unit or standard lot size Unit impervious area Minimum monthly fee (any district) Maximum monthly fee (any district) 6000 sq. ft. 3600 sq. ft. $ 4.50 $ 22.50 Drainage Factor (D.F.) Single family = Basic unit 5 District Coefficient (D.F.) Single family SF-A, D-i, D-2, MF-1, MF-2, MF-3 Ail others 0.4/0.4 1.0 0.6/0.4 1.5 0.9/0.4 2.25 Formula for monthly fee: Imp. area (sgft) X Lot size (sgft) X D.F. X $4.50 3600 6000 In all calculations, the fee shall not exceed $22.50 per month. (vi) All funds collected from drainage fees shall be set aside in a special fund to be used only for drainage related improvements. 11. Registration fee for license to install automatic fire- extinguishing systems (Ch.4, Sec. 3.C) The fee for registration of a license shall be $25.00 for Fire Sprinkler Contractor. 12. Irrigation code--registration of contractor (Ch. 3, Sec. 22) It shall be required that any irrigation contractor register with the City. The registration fee shall be twenty-five dollars ($25.00). 13. House moving permit (Ch. 3, Sec. 17) (1) The applicant shall pay a fee of twenty-five dollars ($25.00) to the building official for the moving permit. (2) The applicant shall pay a fee of forty-five dollars ($45.00) per hour for each city employee and vehicle that is needed to escort house out of or to another location in University Park. There shall be a minimum of four (4) hours, plus one (1) hour of travel time inclusive before and after structure movement. If employee(s) has to return at another time or date, mover shall also pay for additional escort and/or travel time as deemed necessary by building official. (3) Ail fees shall be paid to the building official at the time of application for moving permit. If escort personnel have to return, all new escort fees will be paid before house, building, or structure is to be moved. 14. Moving temporary and mobile homes (Ch. 3, Sec. 17) The fee for the issuance of a permit for the movement of a mobile or temporary home within the city limits of the City of University Park shall be five dollars ($5.00). III. UTILITIES 1. Water meter security (Ch. 11, Sec 2) (1) Before water service is furnished to a consumer at any address, the consumer shall be required, upon making application for such service, to deposit with the manager of the utility office, deposits amounting to the following for each meter: 6 (a) For 5/8" and 1" meter, or smaller, rental units $ 65.00 (b) For 5/8" and 1" meter, or smaller, homeowner occupied $ 35.00 (c) For meters larger than 1", a minimum of $ 75.00 (d) Hydrant meter (refundable) $750.00 (e) Hydrant meter installation fee $ 40.00 (2) In the case of large apartments or business institutions, the manager of the utility office may require a deposit equal to three times the average monthly bill on such premises. 2. Reconnection following cut-off for nonpayment of water bills When water is cut off from any consumer or from any premises on account of nonpayment for water and sewer services furnished, the manager of the utility office shall not permit the water or sewer services to be furnished to said premises or consumer until the full amount delinquent, the ten (10%) percent penalty, and a collection or reconnection charge of twenty dollars ($20.00) is paid. Such amount shall be paid at the utility office if reconnected during normal office hours. 3. Emergency water cut-off service Whenever any consumer, owner or occupant of premises shall request the city to cut off his water service at the meter for his convenience or due to the fact that his stop and waste or house cut off is either nonfunctional or cannot be found, then the manager of the utility office shall add a service fee to his bill of fifteen dollars ($15.00) for each cut off. 4. Examination and test of meters (1) Any consumer shall have the right to demand that the meter through which water is being furnished be examined and tested by the waterworks for the purpose of ascertaining whether it is or is not registering correctly, the amount of water which is being delivered through it to such consumer; provided, that when such consumer desires to have any meter so examined and tested, such consumer shall make application therefor in writing to the manager of the utility office, and shall deposit with such application the amount charged for various sizes: (a) For testing any size up to a 1" meter - $10.00 (b) For testing any meter larger than 1" - $15.00. 5. Meter rereads Any consumer who feels that their measured water consumption is excessive may request that the meter be reread. Two (2) free re- reads are allowed within each calendar year and any in excess will be charged ten dollars ($10.00), unless there has been an error on the part of the city, or the meter is faulty. 7 6. Water service (Ch. 11, Sec. 3) (1) The following water rates are hereby established and shall be collected by the manager of the waterworks and sewerage department within the city. The minimum monthly rates for all metered water service shall be as follows: 1. For 5/8" or 3/4" meter $ 6.55 2. For a 1" meter $ 7.15 3. For a 1 1/2" meter $ 9.30 4. For a 2" meter $ 11.60 5. For a 3" meter $ 13.80 6. For a 4" meter $ 22.75 7. For a portable meter $105.00 (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 five cents ($2.05) per thousand or any portion thereof, except the rate to be charged to Southern Methodist University shall be two dollars and five cents ($2.05) per thousand (1,000) gallons of water used. (3) Any duplex or multi-family dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant. All single family units shall pay a minimum charge for each meter but such minimum shall provide for a usage of 2,000 gallons per meter. 7. Conservation surcharqe (June - November billings) During the six (6) summer months, each water meter except those for Southern Methodist University, shall be subject to a monthly surcharge/conservation charge for all consumption in excess of 11,500 gallons. SMU meters shall be subject collectively to a monthly surcharge/conservation charge 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 fifty-five cents ($0.55) per thousand (1,000) gallons for all excess consumption. 8. Sewer service (Ch. 11, Sec. 4) (A) The following sewer service charges are hereby established: (1) The sewer charge for each single family, duplex or multi- family dwelling shall be included in the water bill and calculated as follows: (a) Ail sewer charges are based on the use of water passing through the water meter or meters. All single family units, having more than one meter, shall have the usage of meters added together for the purposes of this section; however, if separate bills are rendered for a lawn sprinkler such consumption shall not be considered for sewer charges. (b) Any duplex or multifamily dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant, and any usage over the minimum shall be averaged over each unit of the dwelling as though each unit consumed the water the average indicates. (c) Any duplex or multifamily dwelling having individual water meters for each unit shall be treated, for sewer billing purposes, as though each were a single family dwelling. (d) There shall be a thirteen dollars and forty-eight cents ($13.48) minimum sewer 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 be billed at two dollars ($2.00) per 1,000 gallons per month per unit for the sewer fee. 9. For each business or commercial establishment of any nature, plus public institutions such as schools and churches: (1) A thirteen dollars and forty-eight cents ($13.48) minimum up to two thousand (2,000) gallons of water used per month; and (2) Two dollars ($2.00) per one thousand (1,000) gallons of water used per month, but that the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceding October, November, December, January, February, and March adjusted for lawn, swimming pool and metered cooling tower use. 10. For service to southern Methodist University, two dollars ($2.00) per one thousand (1,000) gallons of water used per month, but that the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceding October, November, December, January, February and March adjusted for lawn, swimming pool and metered cooling tower use. 11. Schedule of utility service construction fees (Ch. 11, Sec.5) For services performed by the city as denoted in this Chapter, the following charges will be made: Installation of a one inch (1") water meter at a depth of five feet (5') or less $ 875.00 Installation of a one inch (1") water meter at a depth greater than five feet (5') $ 950.00 Installation of a sewer tap at a depth of five feet (5') or less $ 800.00 Installation of a sewer tap at a depth greater than five feet (5') $1,225.00 Installation of a one inch (1") water meter and sewer tap at a depth of five feet (5') or less in a single excavation $1,200.00 Installation of a one inch (1") water meter and sewer tap at a depth greater than five feet (5') in a single excavation Removal of an existing water meter and/or sewer tap per excavation at a depth of five feet (5') or less Removal of an existing water meter and/or sewer tap per excavation at a depth greater than five feet (5') $1,525.00 $ 750.00 $ 950.00 The price for the installation of water meters greater than one inch (1") and excavations in other than the alley will be determined by the city, based on the size, location, current costs and specifications. IV. PUBLIC SAFETY AND JUDICIAL 1. Vehicles impounded by order of Chief of Police (Ch 1, Sec.23) (1) Actual cost as charged by the designated wrecker service providing the impoundment plus a $10.00 administration fee. (2) For storing a vehicle - $5.00 per vehicle per day, after the first twenty-four (24) hour period. (3) For selling a vehicle - $10.00. (4) For preparing advertisement for sale - $5.00. (5) For newspaper advertisement - the actual cost as charged by the designated city publication. 2. Wrecker service fees (Ch. 10, Sec. 24) (1) A designated wrecker company or another emergency wrecker company authorized by the chief of police to render specific service in a specific emergency shall charge the following fees for towing vehicles with a light-duty wrecker: (a) Twenty-seven dollars ($27.00) for towing a vehicle from a point within the city to another point within the city or to a point inside Highland Park. (b) Thirty-four dollars ($34.00) for towing a vehicle from a point within the city to a point inside LBJ Freeway and north of Interstate 30. (c) Thirty-nine dollars ($39.00) for towing a vehicle from a point within the city to a point inside LBJ Freeway and south of Interstate 30. (d) Forty-four dollars ($44.00) for towing a vehicle from a point within the city to a point within Dallas County outside LBJ Freeway and north of Interstate 30. (e) Forty-nine dollars ($49.00) for towing a vehicle from a point within Dallas County outside of LBJ Freeway and south of Interstate 30. 10 (f) Fifteen dollars (15.00) for performing a service which does not require that a vehicle be towed, including but not limited to adding fuel, prying a bumper from a tire or other similar services. ' (g) Twenty dollars ($20.00) for using dollies in addition to other allowable charge. (h) For towing a vehicle from a point within the city to a point not listed in paragraphs (a) through (f) of this subsection, twelve dollars and fifty cents ($12.50) plus one dollar and fifty cents ($1.50) per mile or fraction thereof. (i) Forty dollars ($40.00) per hour of recovery time, such time to begin fifteen (15) minutes after the light-duty wrecker has arrived on the scene, and to end when the vehicle is ready to be towed. Rates for fractions of an hour are based on quarter hour increments. (2) The rates specified in paragraphs (a) through (i) in this subsection, shall be doubled for heavy-duty wreckers. In addition to the specified rates for towing, a designated wrecker company is authorized to charge eighty dollars ($80.00) per hour for recovery time, such time to begin when the heavy-duty wrecker arrives on the scene, and to end when the vehicle is ready to be towed. Rates for fractions of an hour are based upon quarter hour increments. 3. Ambulance (MICU) (Ch. 1, Sec. 18) Mobile intensive care service fee A fee of two hundred and forty dollars ($240.00) shall be charged per trip per person for the transportation by Mobile Intensive Care Unit of a person or persons to a hospital providing emergency medical attention within the boundaries of Dallas County. In all cases, whether one (1) person or more than one (1) person is transported in the same M.I.C.U., the per trip charge applies to each individual. 4. Solicitors investiqation (Ch. 4, Sec. 1) A fee of twenty-five dollars ($25.00) for investigation (of persons wanting to peddle, sell, solicit, canvass, or take orders for any services, wares, merchandise, or goods) shall be charged which shall not be prorated and shall be paid at the time application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. 5. Commission for private quards (Ch. 4, Sec.2) Each individual receiving a private guard commission shall pay a fee of fifty dollars ($50.00). 6. Impoundment fees for animals (Ch. 2, Sec. 8) The city manager or his designee shall collect a fee of thirty dollars ($30.00) for the impoundment of any animal prior to the release of such animal, if such animal has been impounded for a period of less than seventy-two (72) hours. If the animal has been 11 impounded for observation for rabies and held for ten (10) days, the city shall collect a fee of one hundred twenty-five dollars ($125.00), and an additional fee of ten dollars ($10.00) per day if such impoundment is for a period in excess of ten (10) days. 7. Reserved 8. Reserve___~d V. SANITATION 1. Residential garbage collection (Ch. 6, Sec. 1) The city shall charge the following sums per month for its services in removing garbage and trash from residences, two-family houses, and apartment houses, as follows: Single family dwelling Two-family dwelling, per unit Apartments, per unit (on residential route) Apartments, per unit (on commercial route) Carryouts, each unit $12.00 $12.00 $12.00 $ 6.07 $44.00 2. Commercial garbage collection (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, where containers have been placed at any of such establishments, sanitation charges based upon the following schedule: Collections per week # of containers 1 2 3 4 2 $ 64.69 101.61 120.13 147.78 3 85.01 129.33 162.59 201.38 4 105.32 157.04 206.91 257.72 5 129.33 188.46 249.45 309.53 6 153.33 231.00 280.88 344.64 5 6 7 8 2 175.43 203.08 230.64 258.38 3 240.18 278.96 317.76 361.22 4 308.52 359.33 410.13 460.93 5 369.58 429.65 489.71 549.77 6 408.41 472.17 535.95 599.72 (2) Nothing in this schedule shall prevent the superintendent of sanitation from calculating rates which are lower or which exceed 12 the schedule as long as time, volume, and number of pickups are the basis for such calculation. 3. Brush and tree l~mhs which are too bulky to be tied in bundles shall be stacked on the parkway to be picked up. An extra charge shall be assessed for this service on the regular billing as follows: Manual pickup Mechanical pickup (less than one-half truckload) Mechanical pickup (one-half truckload) Mechanical pickup (full truckload) $ 7.50 $40.00 $60.00 $80.00 4. The city shall charge the following sums for the removal of appliances, furniture and other large item~: ~ Range, refrigerator $15.00 Washer, dryer, window air conditioner, water heater, sofa, bed etc. $10.00 These items shall be placed on the parkway and will be picked up on a "call-in" basis only. 5. Liquid waste transport (Ch. 6, Sec. 5) The city shall not issue a liquid waste transport permit (as specified in Chapter 6, Section 5 of the City Code) to an applicant until the appropriate established fee is paid. A person shall pay a fee of two hundred and forty dollars ($240.00) for the first vehicle and one hundred and seventy dollars ($170.00) for each additional vehicle operated by the person. Each permit must be renewed annually. VI. PARKS AND RECREATION 1. Tree stumps (Ch. 3, Sec. 19) (1) Tree stump removal service When trees are cut down on the parkways for any of the reasons specified in Chapter 3, Section 19D of the City Code, the City of University Park may remove the tree stumps for the abutting property owner for the following fees: Up to 12 inches $25.00 13 to 18 inches $35.00 19 to 24 inches $45.00 25 inches and up $60.00 2. Park reservation~ (Ch. 1, Sec. 19) Rental of Goar Park pavilion: (1) Residents of U.P. may use the pavilion for personal use of twenty dollars ($20.00) per hour during the daytime (9:00 a.m. to 5:00 p.m.), and for thirty dollars ($30.00) per hour for evening use (5:00 p.m. to 11:00 p.m.). (2) Ail other groups who use the pavilion for personal use, except those specified in the following section, shall pay forty dollars 13 ($40.00) per hour for daytime use, and sixty dollars ($60.00) for evening use. (3) Ail applicants that desire to use the facility for business, commercial, or professional gathering~ may apply for the use of said pavilion for daytime hours between 9:00 a.m. and 5:00 p.m., and if such application is approved, the applicant shall pay the City Secretary seventy-five dollars ($75.00) per hour, but the applicant may make no charges nor collect any money of any kind or character from any person whatsoever. 3. Tennis courts All qualified residents of the City of University Park, upon making application With the water department, may secure an annual tennis permit. Such permit shall be numbered and coded as to indicate the time of its validity. The charge shall be as follows: Individual permit Family permit Children under 12 Persons over 65 20.00 40.00 7.50 7.50 4. P.A. system for pavilion There shall be a forty-five dollar ($45.00) charge if installation of a public address system is required by the person renting the pavilion. 5. Parks and playing fields reservations for filming Commercial use of any and all park facilities (including tennis courts and Goar Park Pavilion) for filming, photographing, etc., shall carry a charge of seventy-five dollars ($75.00) per hour, plus a damage and clean up deposit of two hundred and fifty dollars ($25o.00). 6. Playing fields reservations Reservation card: Bona fide residents who are interested in making playing field reservations shall buy an annual reservation card from the reservations clerk for a fee of ten dollars ($10.00). 7. Swimming pool (1) Ail qualified residents of University Park or nonresident owners of property, six (6) years of age or older upon making application, in person or by an authorized representative, to the office of the business manager of the utility department, may secure annual permits (taqs) to swim in the pool~. The charge for these permits shall be twenty dollars ($20.00) per person. If an immediate family of five (5) or more purchases more than four (4) tags at one time, all tags in excess of four (4) shall be sold at ten dollars ($10.00) each. (2) Ail day care centers, located in University Park, may purchase an annual pass for teachers and students six (6) years and under. Such annual pass shall be three hundred dollars ($300.00) per swimming season, incumbent upon the teacher ratio being five (5) 14 students per teacher and that the time limitation on the students in limited to the hours between 10:00 a.m. and 3:00 p.m. (3) A qualified resi~ of University Park may secure permission for bona fide gue~ts to use pools by paying attendants of the gate a cash fee of three dollars fifty cents ($3.50) for each guest each time each guest uses the pool. (4) A qualified ~ or owner of property in University Park not owning an annual permit (tag) may use the swimming pool upon paying a charge of three dollars and fifty cents ($3.50) per person for each time the pool is used. (5) If the tag is lost, a duplicate may be secured from the water office for three dollars fifty cents ($3.50). (6) ~se of pool by children under s~w years of aqe Children under six (6) years of age who are qualified residents or bona fide quests of qualified residents may use any of the pools without charge when accompanied by a parent or guardian sixteen (16) years of age or older at all times. If the parent or guardian desires to enroll such child in one of the swimming instruction classes, a ten dollar ($10.00) enrollment fee shall be paid for the child. (7) Persons who may accompany children to small pool~, All adults accompanying small children to small pools in bathing attire must pay a two dollar fifty cent ($2.50) guest fee or purchase a swim tag. 8. Swimming lessons (b) Enrollment fee of ten dollars ($10.00) shall accompany the application for admission to a swimming class. The absence of anyone enrolled in a class three (3) times in succession shall forfeit the right to continue in the class. In the event that a person's name is dropped from class roster because of being absent three (3) times in succession, an additional enrollment fee of five dollars ($5.00) will be charged when application is made for the re-enrollment in any other class. 9. Park--sports clinics Any individual or group wishing to use a park or playing field to conduct a sports clinic as a profit-making venture shall reserve the park or playing field by filling out the appropriate application forms in the Park Department office and pay a fee of twenty dollars ($20.00) per hour for each hour the clinic is scheduled to be operated in the park or on the playing field reserved. If, after the conduct of the clinic is completed, the number of hours during which the park or playing field was actually in use exceeds the fee paid, the applicant shall be liable and responsible to pay the additional fee in the Park Department office within five (5) days after completion of the clinic. If the actual number of hours is less that the fee paid, the applicant shall 15 receive a pro rata refund. The application forms and all fees must be in the park office at least one (1) week before the clinic is scheduled to begin. 10. Park reservation fees Any organized group not sponsored by the City and having special features (i.e., pony rides, petting zoos, bounce machines, port-a- johns, tents, etc.) that wishes to use a park, must make a reservation with the Parks Department, must make a two hundred fifty dollar ($250.00) refundable deposit, and must pay a rental fee according to the following schedule: 1 - 25 people 26 - 99 people 100 - 199 people 200 - 299 people 300 - and up $ 25.00 $lOO.OO $200.00 $300.o0 $500.00 Groups of twenty-five (25) or less that wish to reserve a park but will not use special features do not have to make a deposit. Baseball fields may also be reserved for an additional fee of fifty dollars ($50.00). 16 RESOLUTION NO. 93-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL INVESTMENT AGREEMENTFOR PARTICIPATION IN THE LONE STAR INVESTMENT POOL; DESIGNATING THE POOL AS AN AGENCYAND INSTRUMENTALITY OF THE CITY OF UNIVERSITY PARK; APPROVING INVESTMENTPOLICIES OF THEPOOL; APPOINTING AUTHORIZED REPRESENTATIVES AND DESIGNATING INVESTMENT OFFICERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Government Code, and Article 4413(34c), Vernon's Texas Civil Statutes, as amended (collectively, the "Act"), permit any local government to contract with one or more other local governments to perform governmental functions and services, including investment of public funds through public funds investment pools as such phrases are defined in the Act; and WHEREAS, the Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code; and WHEREAS, the Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreements; and WHEREAS, the City of University Park is a local government within the meaning of the Act and desires to enter into that certain Interlocal Investment Agreement (the "Agreement"), a copy of which is presented with this Resolution and is incorporated herein by reference, the same as if fully copied herein, so that the City can become a participant in a public funds investment pool created thereunder and known as the Lone Star Investment Pool (the "Pool") sponsored by the Texas Association of School Boards ("TASB"); and WHEREAS, the City of University Park desires to designate the Pool as its agency and instrumentality with authority, through its Board of Trustees (the "Board"), to supervise performance of the Agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement; and WHEREAS, each term used in this Resolution and not otherwise defined has the same meaning assigned to it in the Agreement; NOW, THEREFORE, AGGO3F93 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Agreement is hereby approved and adopted for the City of University Park and, upon execution thereof by an authorized representative of the Pool and receipt of the City's application to join the Pool by the administrator, the City shall become a participant in the Pool for the purposes of investing its available funds therein from time to time in accordance with its terms. SECTION 2. The Pool is hereby designated as an agency and instrumentality of the City of University Park, the Board is hereby designated as the governing body of the Pool and the Pool, through the Board, shall have the authority to supervise performance of the Agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement. SECTION 3. The investment policies of the Pool, as set forth in the Statement of Investment Policy, as summarized in the Information Statement, and as may be amended from time to time by the Board, are hereby adopted as investment policies of the City of University Park with respect to money invested in the Pool, and any existing investment policies of the City of University Park in conflict therewith shall not apply to investments in the Pool. SECTION 4. The following officers, officials or employees of the City of University Park are hereby designated as "authorized representatives" within the meaning of the Agreement, with full power and authority to: execute the Agreement, an application to join the Pool, and any other documents required to become a participant; deposit money to and withdraw money from the City's Pool account from time to time in accordance with the Agreement and the Information Statement; and take all other action being necessary or appropriate for the investment of funds of the City of University Park: · o/~rt Li%q~..ston, City Manager City Uni, yerd~.y ~rk/ Texas Ro/b~Lt~EI.~Hick~si~Dir c~t6r of Finance City of University Park, Texas Mar~ ~6 Robbins, Assistant Director of Finance City of University Park, Texas AGGO~F~] In accordance with Pool procedures, an authorized representative shall promptly notify the Pool of any change of the names or titles of those appointed to serve as authorized representatives by the City Council. Section 5. In addition to the foregoing authorized representatives, each investment officer of the Pool appointed by the Board from time to time is hereby designated as an investment officer of the City of University Park and, as such, shall have responsibility for investing the share of Pool assets representing funds of the City of University Park. Section 6. Duly passed and approved by the City Council of the City of University Park, Texas, and effective on the 4th day of May , 1993. APPROVED: ATTEST: (CITY SEAL) ~~PROVED AS TO~O,RM: CITY ATTORNEY AGGO3F93 Form II Interlocal Investment Agreement THIS INTERLOCAL INVESTMENTAGREEMENT (together with any amendments and supplements, referred to as this "Agreement") is made and entered into by and among each of those local governments initially executing this Agreement and any other local government that becomes a party hereto (collectively, the "Participants"). WHEREAS, the Interlocal Cooperation Act, Article 4413(32c), Vernon's Texas Civil Statutes, as amended, and Article 4413 (34c), Vernon's Texas Civil Statutes, as amended (collectively, the "Act"), permit any"local government" to contract with one or more other "local governments" to perform "governmental functions and services," including investment of public funds through "public funds investment pools" (as such phrases are defined in the Act); WHEREAS, the Act permits the contracting parties to any inteflocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreement; WHEREAS, each of the Participants is a local government under the Act; WHEREAS, the Participants desire to establish and maintain a public funds investment pool as their agency and instrumentality pursuant to the Act for the purpose of pooling their local funds for joint investment in accordance with the Act and the terms hereofi WHEREAS, the Participants desire that the Pool be managed and operated in a manner consistent with the management and operation of theTexas School Cash Management Program adopted by the Texas Association of School Boards; WHEREAS, each of the Participants has duly taken all official action necessary and appropriate to become a party to this Agreement, including the adoption of a resolution; NOW, THEREFO RE, in consideration of the premises and the mutual covenants and agreernents contained herein, the Participants mutually agree as follows: ARTICLE I Definitions and Rules of Construction Section 1.01. Definitions. Except as otherwise provided in this Agreement. the capitalized terms used herein shall have the following meanings unless the context otherwise requires: Account - any account established by a Participant and representing an uudMded beneficial interest of such Participant in the Pool. Act- the Interlocal Cooperation Act, Article 4413(32c), Vernon's Texas Civil Statutes, and Article 4413(34c), Vernon's Texas Civil Statutes, as the same may be amended fi'om time to time. Additional Party Agreement - a document which, when atIached to a copy of this Agreement and executed by an Authorized Representative of a Local Government, constitutes a valid and binding counterpart of this Agreement by which such Local Government becomes a Participant, substantially in the form attached hereto as an Appendix. *7* Administrator- the Texas Association of School Boards, Inc., aTexas nonprofit corporation, or any other person, firm or organization approved by the Board and under contract with the Pool to provide administrative assistance in connection with the management and operation of the Pool. Adviser- the registered investment adviser or advisers selected by or at the direction of the Board to provide advice regarding investment of Pool assets pursuant to this Agreement and subject to applicable law. Authorized Investments- those investments which are authorized from time to time to be purchased, sold and invested in under the Investment Act. Authorized Representative- an individual authorized to execute documents and take other necessary actions, pursuant to this Agreement, on behalf of a Local Government or other person, finn or organization, as evidenced by a duly adopted resolution or bylaw o.f the governing body of such Local Government or other person, firm or organization, a certified copy of which is on file with the Administrator. In the case of a Local Government that is a combination of political subdivisions under the Act, the Authorized Representatives of any administrative agency appointed by such combination of political subdivisions shall be deemed to be Authorized Representatives for such Local Government Board - the governing body of the Pool, known as its Board of Trustees. Bylaws - the bylaws of the Pool, as the same may be amended fi.om time to time, subject to the requirements of this Agreement_ Custodian- the person selected by or at the direction of the Board to have custody of all money, investments and other assets of the Pool pursuant to this Agreement and subject to applicable law. Endorser- any person, firm or organization recognized by the Board as an endorser or sponsor of the Pool. Information Statement - the information statement or any other document distributed to Participants and potential Participants to provide them with a description of the management and operation of the Pool, as the same may be amended fi.om time to time, subject to the requirements of this Agreement_ Investment Act - the Public Funds Investment Act, Article 842a-2, Vernon's Texas Civil Statutes, as the same may be amended fi.om time to time. Investment Consultant- the person selected by or at the direction of the Board to provide advice regarding (1) the selection of the Adviser and the Custodian, (2) the terms of the Statement of Investment Policy, and (3) the performance of the Pool. Investment Officer- one or more officers or employees of the Pool designated as investment officers by the Board. Local Government- a school district; county; home rule city or city, village or town organized under the general laws of the State; special district; junior college district; any other legally constituted political subdivision of the State; a combination of political subdivisions (including a combination of political subdMsions by means of an interlocal agreement governed by the Act); or any other entity that may be included in the definition of "local government" in the Act_ Participants - the Local Governments that are the initial parties to this Agreement and the Local Governments which subsequently become parties to this Agreement_ Pool - the public funds investment pool created pursuant to this Agreement and known as the "Lone Star Investment Pool." Program - the Texas School Cash Management Program sponsored by the Texas Association of School Boards. Sponsor- the Texas Association of School Boards, a Texas nonprofit association, acting by and through its duly appointed and acting agents and trustees that administer the Program. State- the State of Texas. Statement of Investment Policy- the written Statement of Investment Policy adopted and approved by the Board governing investment and management of Pool assets, as the same may be amended from time to time, subject to the requirements of this Agreement. 1.02 General Rules of Construction. (a) Whenever in this Agreement the context requires: (1) a reference to the singular number shall include the plural and vice versa; and (2) a word denoting gender shall be construed to include the masculine, feminine and neuter. (b) The rifles given to any artide or section of this Agreement are for convenience only and are not intended to modify the article or section. ARTICLE II Creation ~. Pool; Purpose and Objective Section 2.01. Creation of the Pool as an Agency. (a) The initial Participants hereby create and establish, and all subsequent Participants hereby agree to and accept the creation of, a public funds investment pool as their agency and instrumentality pursuant to the Act, known as the "Lone Star Investment Pool" (the "Pool"). Co) The Pool shall hold legal title to and manage all money, investments and other assets transferred to or acquired by the Pool pursuant to the Act and this Agreement. (c) As an agency and instrumentality of the Participants, the Pool shall have the authority, through its Board, to employ personnel, engage in other administrative activities and provide other administrative services necessary to accomplish the purpose of this Agreement. Section 2.02. Purpose and Objective. (a) The purpose of the Pool is to provide Local Governments with an investment vehicle for local funds not required to be spent immediately and available for investment in securities with maturities and returns generally greater than those for money market instruments. The general objective of the Pool shall be to provide Participants with the highest possible rate of return for such funds, while maintaining safety of principal and providing Participants with the ability to withdraw money from their respective Accounts not less frequently than once per month. Co) In order to accomplish the Pool's objective, each Participant agrees that the money transfen'ed to the Pool will be commingled with money transferred to the Pool by other Participants for the purpose of making authorized investments, subject to the terms of this Agreement and the requirements of the Statement of Invest- ment Policy and applicable law, thereby taking advantage of investment opportunities and cost benefits available to larger investors. -*9'* ARTICLE III Pool Administration Section 3.01. The Board and the Bylaws (a) The business and affairs of the Pool shall be managed by the Board as governing body of the Pool and as part of the Program. The Board is hereby authorized and directed to adopt and maintain Bylaws that are consistent with the bylaws of the Program (the "Program Bylaws"), except with respect to any provision of the Program Bylaws which, if adopted as part of the Bylaws, would adversely affect the legal status of the Pool. (b) The Bylaws shall set forth, among other things, the procedures governing the selection of, and action taken by, the members of the Board, provided that each voting member of the Board shall be required to be an employee or elected official of a Participant. The Participants shall be subject to the terms of the Bylaws. Section 3.02. Powers and Duties of the Board. (a) Subject to applicable law and the terms ofthisAgreement, the Board shall have full and complete power to take all actions, do ail things and execute all instruments as it deems necessary or desirable in order to carry out, promote or advance the investment objective, interests and purposes of the Pool to the same extent as if the Board was the sole and absolute owner of the Pool. (b) The Board shail adopt and maintain a Statement of Investment Policy, consistent with the general objective of the Pool, which shall provide more detailed guidelines for investment and management of Pool assets. The Board shall, subject to the terms of this Agreement, have the authority to amend any term or provision of the Statement of Investment Policy, provided that notice is sent to each Participant at least 60 days prior to the effective date of any change which, in the opinion of the Board, will have a material effect on the Participants' investment in the Pool. The Board shall designate one or more Investment Officers for the Pool who shall be responsible for the investment of Pool assets, provided that no person who is an officer or employee of a regional planning commission, council of governments or similar regional planning agency created pursuant to Chapter 391 of the Local Government Code of the State shall be eligible to serve as an Investment Officer. (d) The Board shall prepare, or direct the preparation of, an Information Statement that describes how the Pool will operate in accordance with the terms of this Agreement and the Statement of Investment Policy. Subject to the terms of this Agreement and the Statement of Investment Policy, the Information Statement may be amended or supplemented, provided that notice is sent to each Participant at least 60 days prior to the effective date of any change described in such amendment or supplement which, in the opinion of the Board, will have a material effect on the Participant's investment in the Pool. (e) The Board shall, subject to the limitations established in the Statement of Investment Policy, have full and complete power and authority to appoint, or direct the appointment of, the following: a Custodian; one or more Advisers; an Investment Consultant; lawyers; accountants; and any other service providers deemed necessary or helpful'in the operation of the Pool. The Board shall have full and complete power to use, or direct the use of, Pool assets for the following purposes: (1) incur and pay any expenses which, in its opinion, are necessary or incidental to or proper for carrying out any of the purposes of this Agreement; (2) reimburse others for the payment thereofi (3) pay appropriate compensation or fees to persons with whom the Pool has contracted or transacted business; provided, however, the aggregate amount of the foregoing fees and expenses shall be subject to and governed by any restrictions thereon established by the Board; and (4) charge a Participant's Account for any special fees or expenses related specifically to transactions in such Account. (g) The Board shall cause financial statements to be prepared and maintained for the Pool and for such statements to be audited annually by an independent certified public accounting firm. (h) By agreement, the Board may appoint the Administrator to perform administrative services for the Pool, provided that the Board shall continue to oversee the operation and management of the Pool and shall have the authority to direct the Administrator to take or not take specific action on behalf of the Pool. (i) The enumeration ofany specific power or authority herein shall not be construed aslimiting the general power and authority of the Board over the Pool. Section 3.03. Liability. (a) Neither the Board, the Sponsor, the Investment Officers, the Administrator, any Endorser, nor any officers, trustees, employees or. board members of any of the foregoing shall be held liable for any action or omission to act on behalf of the Pool or the Participants unless caused by willful misconduct. Co) The Pool shall indemnify and hold harmless (either directly or through insurance) any person referred to in subsection (a) of this Section, to the extent permitted by law, for any and all litigation, claims or other proceedings, including but not limited to reasonable attorney fees, costs, judgments, settlement payments and penalties arising out of the management and operatio, o...n of the Pool, unless the litigation, claim or other proceeding resulted fi.om the willful misconduct of such person. AEHCLE IV Participation in the Pool Section 4.01. Interlocal Investment Agreement. In order for a Local Government to become a Participant and transfer money into the Pool, each of the following conditions must be satisfied: The Local Government (including an "administrative agency" acting on behalf of a "combination of political subdivisions" within the meaning of the Ac0 must adopt a resolution (1) authorizing it to become a Partici- pant and approving this Agreement, (2) establishing the Pool as an agency and instrumentality of thePartici- pant, (3) designating the Board as the governing body of the Pool, (4) approving the investment policies of the Pool (as amended fi.om time to time by the Board) and directing that any conflicting local investment policies shall not apply to Pool investments of the Participant, (5) designating Authorized Representatives of the Participant, and (6) designating the Investment Officers appointed from time to time by the Board as the Participant's investment officers who shall be responsible for investing the share of Pool assets representing local funds of the Participant; and The Local Government (including an "administration agency" acting on behalf of a "combination of political subdivisions" within the meaning of the Act) must become a party to this Agreement by executing an Ad- ditional Party Agreement and delivering the same to the Pool, together with a certified copy of the resolution referred to in subsection (a) of this Section, an application in form and substance satisfactory to the Board and such other information as may be required by the Board. Section 4.02. Participant Accounts. (a) While available local funds of Participants may be commingled for purposes of common investment and operational efficiency, one or more separate Accounts for each Participant in the Pool will be established and maintained by the Pool in accordance with the Participant's application to join the Pool. W 11 W (b) Each Participant shall own an undivided beneficial interest in the Pool's assets which shall consist of the proportional amount that each Account of such Participant bears to the total amount of all Participants' Accounts. (c) Unique identifying information shall be assigned with respect to each Account. The Participant hereby agrees that such identifying information shall be required to implement any deposit to or withdrawal from the Participant's Account. The confidentiality of such identifying information shall be maintained by the Pool. Section 4.03 Information Statement. (a) The Information Statement shall, among other things, describe in detail the procedures required to effect deposits to and withdrawals from the Pool. (b) Each Participant agrees to and accepts all of the provisions of the Information Statement, as in effect on the date it enterg into this Agreement and as the same may be amended from time to time. Section 4.04 Reports. The Pool shall submit a written report at least once per month to each Participant. Such report will indicate: (1) the balance in each Account of a Participant as of the date of such report, (2) yield information, and (3) all account activity since the previous report. ARTICLE V Pool Assets Section 5.01. Pool Investments. Pool assets shall be invested and reinvested by the Pool only in Authorized Investments in accordance with the Statement of Investment Policy. Section 5.02. Custody. All money, investments and assets of the Pool shall be held in the possession of the Custodian. Section 5.03. Pool Valuation and Allocation to Participants. Total assets of the Pool, including investment earnings thereon, will be valued and allocated to Participants' Accounts on a pro rata allocation basis as further described in the Information Statement. ARTICLE VI Miscellaneous Section 6.01. Severability. (a) If any provision of this Agreement shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provisions contained herein or render the same invalid, inoperative or unenforceable to any extent whatsoever. (b) Any participation in this Agreement or transfer of assets to the Pool that is not qualified for any reason shall not terminate this Agreement or the participation of other Participants or otherwise adversely affect the Pool. Section 6.02. Limitation of Rights. This Agreement does not create any right, title or interest for any person other than the Participants and any person who has a contract to provide services to the Pool, and nothing in or to be implied from this Agreement is intended or shall be construed to give any other person any legal or equitable fight, remedy or daim under this Agreement W 12W Section 6.03. Execution of Counterparts. This Agreement may be executed in several separate counterparts, including by Additional Party Agreement, each of which shall be an original and all of which shall constitute one and the same instrument. Section 6.04. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State. Section 6.05. Termination. (a) A Participant may terminate itself as a party to this Agreement, with or without cause, by providing written notice to the Pool at least 60 days prior to such termination. (b) Upon the vote of a majority of its full membership, the Board may order the termination of this Agreement by directing that all out,standing operating expenses of the Pool be paid and remaining assets of the Pool be distributed to Particip'ants in accordance with their respective pro rata interests. Section 6.06. Term. This Agreement shall have an initial term beginning with the effective date set forth below and ending September 1,1992 and shall be automatically renewed for one year on such date and each anniversary of such date, except with respect to any Local Government that may have terminated itself as a Participant or as otherwise directed by the Board. Section 6.07. Fiscal Year. The fiscal year for the Pool shall be set forth in the Bylaws. Section 6.08. Notices. Any notices or other information required or permitted to be given hereunder shall be sent: (a) to the Pool as set forth in the Information Statement, and (b) to a Participant as set forth in its application to become a Participant or as otherwise provided by written notice to the Administrator. Section 6.09. Entire Agreement: Amendments. This Agreement represents the entire agreement and understanding of the Participants. This Agreement may be amended with the approval of a majority of the full membership of the Board, provided that notice of any such amendment is sent to all Participants at least 60 days prior to the effective date thereof. IN WITNESS WHEREOF the initial parties hereto have caused this Agreement to be executed as of the respective dates set forth below, to become effective of the latest such date. Houston Independent School District By: /s/Leonard Sturm 7/11/91 Deputy Superintendent of Finance Lewisville Independent School District By: /s/Tom J. Zimmerer 7/8/91 Asst. Superintendent for Business Humble Independent School District By: /s/Michael Novack 7/9/91 Business Manager San Antonio Independent School District By: /s/Victor Rodriguez 7/22/91 Superintendent -k 13 ,k APPENDIX TO INTERLOCAL INVESTMENT AGREEMENT Additional Party Agreement The Government Entity of the State of Texas named below, acting by and through the undersigned Authorized Representative, __hereby agrees to become a party to that certain Interlocal Investment Agreement to which this page is attached, and thereby become a Participant in the Lone Star Investment Pool, subject to all of the terms provisions of such Agreement. The undersigned hereby represents that it is a Government Entity within the meaning of Information Statement relating to the Lone Star Investment Pool and thereby deemed to be included in the term "Local Government" as used in such Agreement. Executed this 4th day of May , 19 93 CITY OF UNIVERSITY PARK Name of Government Entity Signature of Au~orize~epresentative Barbara Hitzelberqer Mayor RESOLUTION NO. 93-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, DETERMINING THE NECESSITY OF ACQUIRING A STREET RIGHT-OF-WAY CONTAINING 112 SQUARE FEET (0.0026 ACRES) ON, ABOVE AND IN LAND LOCATED WITHIN THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City of University Park, Texas hereby determines that a public necessity exists that a street right-of-way containing 112 square feet (0.0026 acres) of land, more or less, be acquired by the City of University Park, Dallas County, Texas. That the purpose of said street right-of-way is to relocate a traffic signal box and to install a new sidewalk at the Southeast corner of Hillcrest Avenue and Lovers Lane. That said right-of- way is shown on the plat which is attached hereto as Exhibit "A" and that the legal description said right-of-way is further attached hereto as Exhibit "B", all being made a part hereof for all purposes. SECTION 2. That for the purpose of acquiring said fight-of-way and believing that the sum of money hereinafter set forth represents a fair cash market value of said right-of-way and full damages legally allowable under law, it is hereby resolved that the City Manager is hereby authorized and empowered to offer the property owner the sum of Two Thousand Five Hundred Dollars ($2,500.00) for the necessary right-of-way on, over and in such property. SECTION 3. In the event said offer is declined by the owner, the City Manager and the City Attorney are authorized to comply with the statutes of the State of Texas with reference to the necessary legal prerequisites existing in or relating to the exercise of eminent domain to acquire said fight-of-way. AGG03F73 SECTION 4. That the owner or party claiming an interest in said property is Mr. Robert Sims whose mailing address is 3333 Lovers Lane, Dallas, Texas 75225. DULY RESOLVED by the City Council of the City of University Park, Texas on this the 4th day of Ma~- ,1993. APPROVED: A'I-I'EST: CITY SECRETAF~ CITY ATTORNEY AGG03F73 EXHIBIT "A" Z L0VER~ LANE P01N'r 0F 15EGINNIN~ ~om'.: ...... ,~~~.~ c~, I ..- ~, e~' / ~j.o4-' I Alia, ...ii,. ~C~' N RAY)lOt, ID L. GOOO$ON dR.,INC. CONSULTING ENGINEERS 1o4,4o NOR'IH C~N'I'RAL ~PR~-~r:WAY 3UITE GOO, L.~. ~01 DAI.[.~ . 'lID(AS '/5231-2212 PH. 214/'/39-8100 , FAX 214/?$g-6~54 [X-H ii, IT 15'X I~' EASEIVlE/~T FOR ~'rREEr Pu~ LOTI, BLOC,V-. F URNEP,,SITY FAF,.YL CIT"(' oF UldNF,.I[.,~-'J"I'¥ EXHIBIT "B" 15' X 15t EASEMENT FOR STREET ~UR~OSE$ A PART OF LOT 1, BLOCK F UNIVERSITY PARK I{ESUBDM$10~T CITY OF UNIVERSITY PARK February 18, 1993 Being a tract or Darcel of land situated in the City of University Park, Dallas County, Texas and being part of the Jefferson Tilley -~urvey Abstract No. 1480 and also being part of Lot 1, Block P, University Park Resubdivision as recorded in Volume 2, Page 54 of th~. NaD Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at ~ pqint for oorner at the intersection of the =outherly right-of-way line of LoversLane (60 feet wide) with the easterly right-of-way line of BiIlcrest Avenue (63 feet wide); _TF~NCE South 89'05' East along said southerly line of Lovers Lane' a distance o~ 1~.00 fe~. to a point for corner; T~E~ South4~'27~30" WQ~T a di~snce of 21.04 feet to a point for corner in said easterly line of Hillcrest Avenue; TKE~C~ due North along said easterly line of Hillcres= Avenue a distance of 15.00 feet to the~OiNTOP BE~TNNTNG and containing 112 square feet or 0.0026 acres, more or less. RESOLUTION NO. 93-11 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, EXPRESSINa SUPPORT FOR A REQUEST OF THE DALLAS AREA RAPID TRANSIT (DART) AUTHORITY FOR FUNDINa FROM THE U.S. DEPARTMENT OF TRANSPORTATION FOR THE SOUTH OAK CLIFF LIGHT RAIL TRANSIT (LRT) PROJECT. WHEREAS, the Dallas Area Rapid Transit (DART) Authority is implementing a multi-modal, transit system program which provides a coordinated, regional approach to meeting the mobility needs of the region; and WHEREAS, the City Council supports a request for a level of federal funding based upon current and prospective fiscal opportunities in Congress and consistent with the Federal Transit Administration's (FTA) cost-effectiveness criteria that will return a fair share to this region; and WHEREAS, the South Oak Cliff Light Rail Transit (LRT) project meets FTA's cost-effectiveness criteria and DART is seeking a FY 1994 earmark request of $77.5 million in Section 3 Discretionary "New Start" program funding; and WHEREAS, $8.5 million in Section 3 funding is requested for the South Facility and Training Academy; and Discretionary "Bus" program Oak Cliff Bus Maintenance WHEREAS, the DART Board of Directors specifies that the agency will not request federal funding greater than the amount that can be obligated during that fiscal year; and the agency has obligated every LRT dollar received to date; and WHEREAS, DART's request is highly competitive because the agency has maintained its strong local overmatch wherein DART has committed to fund 80 percent of the total cost of the LRT Starter system using its dedicated sales tax; and the entire DART Transit System Plan is based upon criteria specified by the U.S. Department of Transportation ; and WHEREAS, the earmark request of FY 1994 is an important element in meeting the terms of the full funding agreement and the overall financial and implementation plan for the light rail transit and bus systems; NOW THEREFORE, BE IT RESOLVED by the City of University Park, Texas; That the City Council pledges its endorsement of DART's request for $77.5 million in Section 3 Discretionary "New Start" funds and $8.5 million in Section 3 Discretionary "Bus" program funding. Moreover, we will work to inform our congressional delegates and other members of Congress of our support for this and all future requests for federal funding consistent with the pursuit of receiving our region's "fair share" return on investment in federal funding for public transportation initiatives. PASSED AND APPROVED this the 4th day of May, 1993. ATTEST: CITY SECRETARY RESOLUTION NO. 93-12 WHEREAS, V.A.T.C.S. Article ll18y, Section 10, (the "Act") grants to DART the right of eminent domain to acquire lands in fee simple and any interest less than fee simple in, on, under and above lands, including, without limitation, easements, rights-of-way, rights of use of air space or subsurface space, or any combination thereof; and, WHEREAS, the Act further provides that such right of eminent domain shall not be exercised within a city without the approval of each acquisition by the governing body of such city; and, WHEREAS, the Board of Directors of DART has adopted a Resolution declaring the public necessity for the acquisition by DART of certain real property or interests therein described in such resolution (a copy of which is attached hereto and incorporated herein for all pertinent purposes)and that such acquisition is necessary and proper for the construction or development of DART's mass transit facilities, and is in the public interest; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK: Section 1. That the City of University Park hereby approves the proposed acquisition of the Parcel designated as 302-DART, including the exercise of the right of eminent domain if such becomes necessary, by DART in the City of University Park of lands in fee simple and interests less than fee simple, as identified in Attachment 1 of the DART Resolution No. 920275 adopted December 15, 1992, which is more particularly described in a field note description marked Exhibit "A" attached hereto and made a part hereof. Section 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of University Park, and it is accordingly so resolved. PASSED AND APPROVED this the 6th day of July , ATTEST: CITY SECRETARY CITY ATTORNE 1993. JUN-28-1995 15:46 FROM DART ENG TO 998?5429 P.04 RESOLUTION of the RESOLUTION Dallas Ar~ Ra~ Tm~ [ ~e~txve Co~xttee] ~e~ti[yin~ P=opert~ as a Propose~ ~c~isitzon' an~ D~clar~g a NC-2 Se~ent of the Sight Rail T~anslt Starter S~st~ ~~S, D~T ha~ an approv~ Se~ice Plan for the Light Rail Transit Starter System; and . ~R~E, c~rtain parc~l~ of raal estate have been i~cntif~d by D~T staff as needed for the const~ctlon, e~ension, improv~ent ordevelopment of the NC-2 .Se~ent of the Light Rail ~an~it Starter system. I NOW THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors that: I Section 1: There is a public necessity for the acquisition by DART of each of .the parcels of ruul e~t~Le described in Attachment i which is incorporated herein by reference. Section 2: The real property interest designated for each parcel in Attachment I is necessary and proper for the construction, extension, improvement or development of the NC-2 segment of the Light Rail Transit Starter System and for any other use authorized by Article lllSy, VATCS, and such uses are hereby declared to be public uses for a public purpose. Section 3: DART shall not exercise its power of Eminent Domain for the acquisition of any of the described parcels without the approval of each such acquisition by the City Council of the City of Dallas. Section 4: DART shall not exercise its power of Eminent Domain in a manner which would unduly impair the then existing neighborhood character of property ~urrounding or adjacent to the property to be condemned, nor unduly interfere with interstate commerce, nor authorize DART to run its vehicles on railroad tracks which are used to transport Dro9erty. Secretary David R. McAtee chairman 534. DOC JUN-28-1993 15:49 FROM DART ENG 998?5429 P.05 920275 APPROVED AS TO FOi:~: ATTEST: '92027~ JUN-28-1993 13:48 FROM D~RT ENG co=ney ~ Highway U.S. 75 Project Limits: From To CSJ: .0.047-07-134 Account: 8018-01-71 EXHIBIT "A" FIELD NOTES FOR PARCEL .30~-DART Page I of 2 DART October 21, 1992 BEING 1,596 square feet of lan~, more less, situated in the Jefferson Tilley Survey, Abstract N~mber 1480, City of University Park, Dallas County, Texas, and being a part of the lan~ conveyed to Win41~Turloy by dood a~ recorded in Volume 82130, Page 0582, Deed Records of said.county, said 1,596 sq~/a~~ feet of land being more'particularly described by metes and bounds as £ollows: COMMENCING at an found iron rod at the most westerly corner of said Turley tract; said point ~lso being in the existing eastern rlgh~ ~f w=y line ~f U.S. 75; THENCE North ·Z~ degrees 57 minutes 34 seconds East along ~aid existing eastern right of way line for.a distance of 28.47 feet ~0 an iron rod set and the POINT OF BEGINNING; THENCE North 29 degrees 57 minutes 34 seconds East continuing along said existing eastern right of way line for a distance of 25.63 feet to the ~eginning of a curve to the le£t having a radlu~ ~f 955.37 feet which has a chord bearing and ~istance of North 27 degrees 29 minutes 45 seconds East 82.13 feet; (3) THENCE in a northerly direction continuing along said existing right of way line an4 the arc of said curve for a distance of 8Z.15 feet to an iron rod set; THENCE North 26 degrees ~6 minutes 57 seconds East continuing along said existing right of way line for a distance of 96.15 feet =o an an iron rod set; (4) THENCE North 37 degrees 41 minutes 07 seconds East continuing along said existing right of way line for a distance of 26.88 feet to an iron set on the existing southern right of way line of University Boulevard, a public street; (5) THENCE North 81 degrees 13 minutes 51 seconds East along said existing southern right of way line for a distance of 2.56 feet to an iron rod set on the new eastern right of way line of U.S. 75; THENCE along said new eastern right of way line as follows: FROM DART ENG county Dallas Hlghwa~ U. S. 75. - Project Limits: From To CSJ: 00_4,,7-07-13~4 Account: ~ EXHIBIT "A" FIELD NOTES FOR PARCEL ~02-DA~T 99875429 P. 89 Page 2 of 2 DART October 21, 1992 (6) (7) (9) $OU~h 47 dex3rees 09 minutes 1~ seconds West for a 4istance of 4.61 feet to an iron rod set; South 11 degrees 07 minutes 16 secQn4s West for a distanoe ~f 10.$8 feet to an iron rod set; South 26 degrees 92 minutes 21 $~ond~ We~t for a distanc~ of 17~.73 feet to an "X" Cut; South 40 degrees 43 minu=es 42 second~ west for a distance of 42.76 feet to an iron rod set and the POINT OF BEGINNING, and containing an area of 1,596 square feet of land, more or le~s. RESOLUTION NO. 93-13 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AFFIRMING AN AGREEMENT WITH THE CITIES OF RICHARDSON AND THE TOWNS OF ADDISON, BUCKINGHAM AND HIGHLAND PARK REGARDING THE SELECTION PROCESS FOR A SHARED MEMBER TO THE DALLAS AREA RAPID TRANSIT (DART) BOARD; AND AUTHORIZING THE MAYOR TO APPROVE A CANDIDATE FOR BOARD MEMBER. WHEREAS, Article lllSy, Vernon's Texas Civil Statutes, as amended, provides cities having a fractional allocation for board membership to aggregate its population with another city to appoint a member; and WHEREAS, cities aggregating their population to make an appointment shall agree on a method of making this appointment; and WHEREAS, it is the desire of the City of University Park in conjunction with the City of Richardson, and the Towns of Addison, Buckingham and Highland Park to aggregate population for the selection of a DART Board Member; and WHEREAS, it has been determined by the City Council of the City of University Park that the most effective method to promote an area-wide approach to regional mobility and transportation is achievement of this appointment through consensus of participating cities; NOW THEREFORE, BE IT RESOLVED BY THE CITY OFUNIVERSITY PARK, TEXAS THAT; SECTION 1. The Cities of University Park and Richardson and the Towns of Addison, Buckingham and Highland Park, will mutually agree upon a candidate to serve as a DART Board Member making use of fractional population aggregation for a full Board Member. It will be preferred that this candidate who will serve more than one City shall have regional qualifications of interest, background, and experience. SECTION 2. The City/Town having the highest percentage of the fractional allocation shall submit a candidate for approval by the other cities through the Mayor of each city. If all cities concur with the nomination, the individual will be the DART Board appointment. SECTION 3. If concurrence with all cities is not reached on the individual nominate, another candidate must be proposed for consideration. This candidate, and any subsequent nominations, may be proposed by any of the member cities participating in aggregation of population. Ail municipalities participating in the aggregation for a specific Board seat must agree on the selection of an individual candidate. SECTION 4. The Mayor of the City of University Park is hereby authorized to approve the appointment of Raymond D. Noah to the DART Board as nominated by the City of Richardson. SECTION 5. This resolution shall be effective immediately upon passage. PASSED AND APPROVED this the 6th day of July, 1993. ATTEST: CITY SECRETARY RESOLUTION NO. 93-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION NO. 92-13 IN ORDER TO APPOINT ORVILLE D. JONES AS A MEMBER OF THE PROPERTY CASUALTY AND LIABILITY INSURANCE COMMITTEE. BE IT RESOLVED by the City Council of the City of University Park, Texas; That Resolution No. 92-13 is hereby amended to appoint Orville D. Jones as a member of the Property Casualty and Liability Insurance Committee. Mr. Jones will replace Walker Bateman who resigned. The appointment shall be coterminous with the City Council or until a successor is named. PASSED AND APPROVED this the 6th day of July, 1993. ATTEST: CITY SECRETARY RESOLUTION NO. 93-15 AMENDMENT I AGREEMENT OF COOPERATION FEDERAL FISCAL YEARS - 1994, 1995, AND 1996 This agreement covers both the CDBG Entitlement program and where applicable (i.e., where urban county receives funding under the HOME program as a participating jurisdiction or as a member of a HOME consortium) the HOME Investment Partnership program. The City of University Park understands that it: may not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the urban county's CDBG program; and may not participate in a HOME consortium expect through the urban county, regardless of whether the urban county receives a HOME formula allocation. The City of University Park understands that this agreement remains in effect until the CDBG (and HOME, where applicable) funds and income received with respect to the three-year qualification period (and any successive qualification periods under agreements that provide for automatic renewals) are expended and the funded activities completed, and that the county and participating unit of general local government may not terminate or withdraw from the agreement while the agreement remains in effect. The City of University Park has adopted and is enforcing: a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within jurisdictions. ACCEPTED AND APPROVED, this the 6th day of July, 1993. ATTEST .' Bobbie Sharp City Secretary City of University Park, la Steph~-s Commissioners Court Clerk Dallas County, Texas APPROVED: Barbara Hitzelb~er Mayor Texas City of UniverSity Park, Texas Dallas County, Texas AGREEMENT OF COOPERATION WHEREAS, the 93rd Session of the Congress passed, and the President of the United States signed into law, the Housing and Community Development Act of 1974 (PL93-383) which created the Urban County Community Development Block Grant (CDBG) program; WT{EREAS, Dallas County, Texas is applying to the U. S. Department of Housing and Urban Development for Urban County CDBG entitlement status; WHEREAS, in order to qualify for this status, Dallas County must enter into cooperative agreements with local governments and have the collective population of the county's unincorporated area and the participating local governments total at least 100,000 people; W74RREAS, Texas cities and counties are authorized under Chapter 373, Local Government Code, and Section 381.003, Local Government Code, to conduct essential Housing and Community Development activities; and WHEREAS, Texas cities and counties are authorized under Cha~ter 771, Government code, to enter into cooperative agreements with one another. NOW, THEREFORE, BE ITRESOLVEDTHAT: The City of Univeristy Park supports the efforts of Dallas County, Texas to qualify for the Urban County CDBG Program and asks that its population be included in such a program for three successive years (Federal Fiscal Years 1994, 1995 and 1996); Through this and other cooperative agreements, Dallas County will have the authority to conduct activities funded from annual Community Development Block Grants from Federal Fiscal Year 1994, 1995, and 1996 appropriations; Dallas County and the City of University park agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing; Dallas County and the City of University Park shall take all actions necessary to assure complianc~ with the Urban County's certification required by Section 104 (b) of Title I of the Housing and Cbmmunity Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, Section 109 Title I of the Housing and Community development Act of 1974, and Title VIII of the Civil Rights Act of 1968; Dallas County and the City of University Park understand that Urban County funding will not be provided for activities in or in support of a cooperating local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certifications; The City of l~n~v,r~tv park understands that, in accordance with 24 CFR 570.501 (b) aSd 570.503, it shall be subject to the same administrative requirements as a subrecipient should it receive funding under this program; The City of University Park agrees to inform Dallas County of any income generated by the expenditure of CDBG funds received, and that any such program income must be paid to the County to be used for eligible activities in accordance with all Community Development Block Grant requirements; Dallas County is responsible for monitoring and reporting to the U.S. Department of Housing and Urban Development on the use of any such program income, and that in the event of close-out or change in status of the City of llniv~r~v P~ ., any program income that is on hand or received subsequeHt to the close-out or change in status shall be paid the County; The City of University Park agrees to notify Dallas County of any modification or change in the'use of the real property from that planned at the time of acquisition or improvement, including disposition, and further agrees to reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non-CDBG funds) for property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations; Any money generated'from the disposition or transfer of property will be treated as program income and returned to the County prior to, or subsequent to, the close-out, change of status, or termination of this cooperative agreement between Dallas County and the City of University Park .; The City of University Park understands that Dallas County will have final responsibility for administering the CDBG program, selecting CDBG projects and filing annual grant requests; and The Mayor of ~ity of Universltv Park, Texas is authorized to sign any additional forms, on behalf 6f the City of University Park , that the U.S. Department of Housing and Urban Development may require. Accepted and approved, this the 6th ATTEST: Bobble Shard City Secretary City of University Park ,Texas Commissioners Court Clerk Dallas County, Texas day of April , 1993. Barbara Hitzelb g Mayor City of University Park ..., Texas Dallas County, Texas RESOLUTION NO. 93-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION 93-8; PROVIDING A RETURNED CHECK CHARGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of Texas, enacted Resolution No 93-8 returned check charge; and the City of University Park, on May 4, 1993, imposing a WHEREAS, the City Council has determined that the charge for returned checks should be revised to cover a greater portion of the actual cost of collecting said check by the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Section 1, Subsection 1, of Resolution No. 93- 3 be, and the same is hereby, amended to read as follows: 6. Returned Check Charges. "The maximum charge permitted under Texas law will be imposed by the City for the collection of checks returned by the banks for the lack of funds when such checks are used in payment to the City for deposits or obligations legally owed by the issuer of the said returned checks, the Director of Finance will add the returned check charge to the other obligations owed to the City by the issuer of the returned checks. The Director of Finance, with the approval of the City Manager, may waiver such charge if the City was negligent in the cashing of the check or if special circumstances deem the waiver as appropriate; however, in all cases of a waiver complete records must be made of the reason for the waiver." SECTION 2. This Resolution shall take effect immediately from and after its passage and the fees established hereby shall take effect on the first day July, 1993 PASSED AND APPROVED this the 6th day of July, 1993. ATTEST: CITY ATTORNEY RESOLUTION NO. 93 - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING PARTICIPATION BY THE CITY OF UNIVERSITY PARK IN THE OZONE ADVISORY PROGRAM OF THE NORTH TEXAS CLEAN AIR COALITION. WHEREAS, the Environmental Protection Agency has designated Collin, Dallas, Denton and Tarrant Counties as a moderate ozone nonattainment area in accordance with provisions of the Clean Air Act Amendments of 1990; and WHEREAS, this means that area residents are breathing unhealthy air for a few days during the summer months when ozone levels become too high; and WHEREAS, the North Texas Clean Air Coalition, comprised of the North Texas Commission, Greater Dallas Chamber, Fort Worth Chamber and North Central Texas Council of Governments, has initiated a voluntary Ozone Alert Program aimed at reducing the frequency and severity of exceedences of the ozone standard in North Central Texas; and WHEREAS, this program was initiated to ensure not only a healthy environment but also to begin complying with the Clean Air Act Amendments so that future economic development activities are not threatened; and WHEREAS, through the Ozone Alert Program, the Texas Air Control Board (TACB) is monitoring weather conditions on a daily basis in this region to forecast the probability of ozone formation; and WHEREAS, in the event weather conditions indicate that excessive ozone may occur on the following day, the National Weather Service will issue an Air Stagnation and Ozone Advisory to their subscribers which will be relayed to the general public through radio, television and print media along with steps that can be taken to reduce ozone formation; and WHEREAS, the Coalition is requesting that public sector organizations adopt a program that endorses a prevention strategy that will assist the region in avoiding an actual ozone exceedence; and WHEREAS, the City of University Park wishes to participate in the Ozone Alert Program by encouraging its citizens and employees to follow particular ozone prevention guidelines; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT: SECTION 1. The City of University Park is authorized to participate in the Ozone Advisory Program, and, as such, may voluntarily execute those related activities listed in the attachment to this Resolution. SECTION 2. This resolution shall be in effect immediately upon its adoption. PASSED AND APPROVED this the 3rd day of August, 1993. ATTEST: CITY SECRETARY' Attachment "A" Ozone Alert Activities Endorsed by the City of University Park August 3, 1993 By practicing the following activities, the citizens and employees of the City of University Park can reduce ozone pollution: Ride transit or carpool, adjusting commute times for this activity as necessary. Limit your driving. Bring your lunch to work, rideshare to essential meetings, and delay non-essential errands until the following day. Avoid excessive idling in bank and fast-food drive-through lines. Avoid recreational motor boats, trail bikes, and small engine uses during an Ozone Alert Day. For short trips, think about riding your bicycle or walking. Drive your most fuel efficient vehicle when possible. When ridesharing, leave unused vehicles in a garage to reduce evaporative emissions. Avoid refueling your vehicle during an Ozone Advisory. If you must, do so in the last afternoon or evening. Choose service stations with modern fuel nozzles. Schedule summertime meetings in the afternoon. During an Ozone Alert Day, reschedule small, noncritical, morning n~etingswhen possible. Do not mow your lawn on Ozone Alert Days. On other days, delay lawn maintenance until after 10 a.m. when the atmosphere is less sensitive to ozone formation· Convert landscapes to iow-maintenance plantings. Limit your chores on Ozone Alert Days. Avoid the use of solvents, solvent-based paints, degreasers, or lighter fluids. Resolution No. 93-18 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS ENDORSING THE STIPULATION RESOLVING THE COMANCHE PEAK PRUDENCE AND FUEL PHASES OF THE TEXAS UTILITIES ELECTRIC COMPANY'S RATE CASE PENDING AS DOCKET NO. 11735 BEFORE THE PUBLIC UTILITY COMMISSION. WHEREAS, Texas Utilities Electric Company (TUEC) did appeal to the Public Utility Commission (PUC) Ordinance No. 93/13 of the City of University Park finally passed on May 19, 1993 which approved rates and tariffs for TUEC; WHEREAS, the City of University Park is part of a coalition of cities served by TUEC that has intervened in TUEC's rate case, Docket No. 11735, pending before the PUC; WHEREAS, the PUC has required that Docket NO. 11735 be litigated in the following phases: revenue requirements, rate design, Comanche Peak prudence, fuel, and rate case expenses; WHEREAS, the Cities' Executive Committee, following a recommendation from Cities' Settlement Committee, has recommended endorsement by Cities' Steering Committee of a stipulation reached and filed on July 12, 1993 by Cities' Executive Committee, TUEC, the Office of Public Utility Counsel (OPC), and the PUC Staff that resolves the Comanche Peak prudence and fuel phases along with certain revenue requirement issues; WHEREAS, incident to the Stipulation TUEC has agreed to disallowances totalling $363 million, consisting of $333 million associated with Comanche Peak, $25 million associated with TUEC's Competitive Action Plan, and $5 million associated with fuel costs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: 1. The Stipulation entered into by the Cities' Executive Committee is reasonable and in the best interests of the citizens of University Park, Texas. 2. The City of University Park endorses the action of the Cities' Executive Committee in resolving the Prudence and Fuel phases of Docket No. 11735, along with certain revenue requirement issues. ADOPTED by the City Council of the City of University Park on this the 3rd day of August, 1993. ATTEST: City Secretary ~ RESOLUTION NO. 93-19 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AGREEING TO THE TRANSFER OF DUTIES OF LOCAL REGISTRAR OF BIRTHS AND DEATHS TO THE COUNTY CLERK OF DALLAS COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 191.023 of the Texas Health and Safety Code provides for the consolidation of county and municipal maintenance of birth and death records; and WHEREAS, the City Secretary of the City of University Park, Texas is the local registrar of births and deaths under provisions of the Health and Safety Code; and WHEREAS, the Commissioner's Court of Dallas County has adopted a resolution to transfer the duties of municipalities in Dallas County with regard to birth and death records to the County Clerk's office; and WHEREAS, the City Council of the City of University Park, Texas wishes to adopt a concurring resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of University Park, Texas: SECTION 1. That as provided in Resolution No~. .312 2o~fthe Commissioner's Court of Dallas County, Texas, the duties imposed by law relating to the maintenance of birth and death records of the City of University Park are hereby transferred to the Dallas County Clerk as provided by Section 191.023 of the Texas Health and Safety Code. SECTION 2. That the transfer shall be executed by the City Secretary in an orderly fashion on or before the30tnday of September , 1993. SECTION 3. That this resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS on the 18th day of Auc~ust ,1993. APPROVED: ATTEST: CITY SECRETARY ~r ~.--~PPROVED ~AS TO FORM: CITY ATTORNEY 2 COURT ORDER ,,o.: 93 1226 DATE: JUL 2 7 1993 STATE OF TEXAS COUNTY OF DALLAS s s s BE'IT REMEMBERKD, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 27th day of 3uly ,1993, on motion made by Chris V. Semos~ Commissioner of District No. ~, and seconded by Nancy E. Judy~ Commissioner of District No. 2 , the following Order was adopted: the Texas Health & Safety Code at Section 191.023 provides for the consolidation of county and municipal maintenance of birth and death records, and the City of University Park has expressed a desire to transfer its obligation for the maintenance of that city's birth and death records to the Dallas County Clerk, and the transfer must be ratified by the Commissioners Court by adopting an order (or resolution) to transfer the duties, and the governing body of the municipality must subsequently adopt a concurring resolution, and a timetable for the execution of an orderly transfer has been agreed to by the County of Dallas and the City of University Park, and the County Clerk in compliance with subsection (c) of Section 191.023 of the Texas Health and Safety Code, has attested in writing that the said County Clerk has sufficient resources and finances to assume the duties for the maintenance of Birth and Death Records of the City of University Park, which attestation is attached hereto and made a part hereof, and the time limitation and stipulations of Section 191.023 have in every respect been complied with by the County and City of University Park. NOW T~RREFORE BE IT ORDE~, ADJUDGED and DECREED by the Dallas County Commissioners Court that it does by and through this Order (or resolution) transfer the duties for the maintenance of Birth & Death Records of the City of University Park to the Dallas County Clerk in accordance with the timetable attached and upon the attestation of the County clerk that the. Office has sufficient resources and finances to assume these duties, which attestation is attached hereto and made a part hereof. .BE IT FURTHER ORDERED, ADJUDGED and DECREED that this Order, Timetable and Attestation of the County Clerk is in force and effect if and when the City Council of the City of University Park adopts a subsequent resolution concurring in transferring the maintenance of the Birth and Death records of the municipality to the Dallas County Clerk. DONE IN OPEN COURT this the 27th day of July ,1993. Lee F. Jackson County Judge Nancy E Lct %1 Comm. Di John W~ Comm. Dis Comm. District %4 RECOMMENDED BY: ~om Keever, Assistant Distric 'il Section torney Earl Bullock, County Clerk DALLAS COUNTY COMMISSIONERS' COURT. July 29, 1993 Mr. Bob Hicks City of University Parks 3800 University Boulevard Dallas, Texas 75205-0005 In RE: Commissioners Court Order 93-1226 of July 27, 1993 Relating to the Assumption of Birth & Death Records Registrar Obligations Transmitted herewith is the Court Order transferring the birth & death records and registrar obligations from the City of University ~a~k _~to the D~ga~!~las C~u~n~t~~r~ .... ~h~~c~o.~u.~_f,;~%;',t~..~~~~ Mr. Bullock will be your contact point to coordinate the actual physical move and notices to the State once the Council has acted. Please send a copy of the resolution when acted upon for our record file. We appreciated the opportunity to be of service to the City of University Park and ask that you not hesitate to contact us in the future when we can be of further service to you in this or any other matter. Sincerely, COUITY OF LB/vb DALLAS lrJ~de~ Administrator CC: Earl Bullock, County Clerk J. Allen Clemson, Administrator Enclosure 411 Elm Street Dallas, Texas 75202 653-7361 RESOLUTION NO. 93/20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS ADOPTING THE 1993 APPRAISAL ROLL OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS, the City's Assessor and Collector of taxes submitted to the City Council for approval the 1993 tax appraisal roll with the tax amounts shown therein based upon the 1993 tax rate adopted by the City Council by Ordinance No. 93/27, ; and WHEREAS, the City Council is of the opinion that the 1993 appraisal roll with the tax amounts shown therein should be adopted; and WHEREAS, the City's Assessor and Collector of taxes has reported to the City Council that there was situated in the City of University Park, as of January 1, 1993, property with a total appraised value of $2,193,320,270 and a total taxable value of $1,716,241,698; and WHEREAS, new property added to the appraisal roll had a total taxable value of $23,371,728 as of January 1, 1993. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of University Park, Texas, that the 1993 taxable roll in the amount of $1,716,241,698 is hereby adopted. PASSED AND APPROVED this 7th day of September, 1993. ATTEST: CITY SECRETARY RESOLUTION NO. 93-21 A ~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION 93- 8; PROVIDING WATER SERVICE, SEWER SERVICE AND SANITATION SERVICE CHARGES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas, enacted Resolution No. 93-8 on May 4, 1993, imposing water service, sewer service and sanitation service charges; and WHEREAS, the City Council has determined that the charge for water service, sewer service and sanitation service should be revised to cover a greater portion of the actual cost of providing said services by the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF UNIVERSITY PARK, TEXAS: Section 1. That Section III, Subsections 6 through 10, of Resolution No. 93-8 be, and the same is hereby, amended to read as follows: 6. Water Service (Ch. 11, Sec. 3) (1) The following water rates are hereby established and shall be collected by the manager of the waterworks and sewerage department within the city. The minimum monthly rates for all metered water service shall be as follows: 1 2 3 4 5 6 7 For 5/8" or 3/4 "meter For a 1" meter For a 1 1/2" meter For a 2" meter For a 3" meter For a 4" meter For a portable meter $ 7 50 $ 8 25 $ 10 70 $ 13 35 $ 15 90 $ 26 15 $120 00 (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 thirty-five cents ($2.35) per thousand or any portion thereof, except the rate to be charged to Southern Methodist University shall be two dollars and thirty-five cents ($2.35) per thousand (1,000) gallons of water used. (3) Any duplex or multi-family dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant. All single family units shall pay a minimum charge for each meter but such minimum shall provide for a usage of 2,000 gallons per meter. 7. Conservation surcharqe (June - November billings) During the six (6) summer months, each water meter except those for Southern Methodist University, shall be subject to a monthly surcharge/conservation charge for all consumption in excess of 11,500 gallons. SMU meters shall be subject collectively to a monthly surcharge/conservation charge for all consumption in excess of the average amount of water used during the immediately preceding October, November, December, January, February and March. the surcharge rate shall be sixty-five cents ($.65) per thousand (1,000) gallons for all excess consumption. 8. Sewer service (Ch. 11, Sec. 4) (A) The following sewer service charges are hereby established: (1) The sewer charge for each single family, duplex or multi-family dwelling shall be included in the water bill and calculated as follows: (a) Ail sewer charges are based on the use of water passing through the water meter or meters. Ail single family units, having more than one meter, shall have the usage of meters added together for the purposes of this section; however, if separate bills are rendered for a lawn sprinkler such consumption shall not be considered for sewer charges. (b) any duplex or multi-family dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant, and any usage over the minimum shall be averaged over each unit of the dwelling as though each unit consumed the water the average indicates. (c) Any duplex or multi-family dwelling having individual water meters for each unit shall be treated, for sewer billing purposes, as though each were a single family dwelling. (d) There shall be a fourteen dollar ($14.00) minimum sewer 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 be billed at two dollars and ten cents ($2.10) per one thousand (1,000) gallons per month per unit for the sewer fee. 9. For each business and commercial establishment of any nature, plus public institutions such as schools and churches: (1) A fourteen dollar ($14.00) minimum up to two thousand (2,000) gallons of water used per month; and (2) Two dollars and ten cents ($2.10) per one thousand (1,000) gallons of water used per month, but that the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceding October, November, December, January, February, and March adjusted for lawn, swimming pool and metered cooling tower use. 10. For service tO Southern Me6h0dist University, two dollars and ten cents ($2.10) per one thousand (1,000) gallons of water used per month, but that the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceding October, November, December, January, February and March adjusted for lawn, swimming pool and metered cooling tower use. Section 2. That Section V, Subsections 1 and 2, of Resolution 93-8 be, and the same is hereby, amended to read as follows: 1. Residential qarb~qe collection (Ch. 6, Sec. 1) The city shall charge the following sums per month for its services in removing garbage and trash from residences, two-family houses, and apartment houses, as follows: Single Family dwelling Two Family dwelling, per unit Apartment, per unit (on residential route) Apartments, per unit (on commercial route) Carryouts, each unit $12.60 $12.60 $12.60 $ 6.40 $46.20 2. Commercial qarbaqe collection (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, where containers have been placed at any of such establishments, sanitation charges based upon the following schedule: COLLECTIONS PER WEEK 2 3 4 5 6 NUMBER OF CONTAINERS 1 2 3 4 $ 67.92 $106.69 $126.14 $155.17 89.26 135.80 170.72 211.45 110.59 164.89 217.26 270.61 135.80 197.88 261.92 325.01 161.00 242.55 294.92 361.87 5 6 7 8 2 $184.20 $213.23 $242.17 $271.30 3 252.19 292.91 333.65 379.28 4 323.95 377.30 430.64 483.98 5 388.06 451.13 514.20 577.26 6 428.83 495.78 562.75 629.71 (2) 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 pickups are the basis for such calculation. SECTION 3. This Resolution shall take effect immediately from and after its passage and the fees established hereby shall take effect on the first day of October, 1993. PASSED AND APPROVED this the 7th day of September, 1993. ATTEST: CITY SECRETARY APPROVED: 4 RESOLUTION NO. 93/22 A RESOLUTION AUTHORIZING THE RETENTION OF THE BUTLER, PORTER, CAY AND DAY LAW FIRM AND CONSULTANTS TO INTERVENE ON BEHALF OF THE CITY OF UNIVERSITY PARK IN PUBLIC UTILITY COMMISSION OF TEXAS DOCKET NO. 12206 - TEXAS UTILITIES ELECTRIC COMPANY FUEL SURCHARGE CASE WHEREAS, Texas Utilities Electric company has filed a request with the Public Utility Commission of Texas, Docket No. 12206, seeking to permit TUEC to levy a surcharge for alleged under collection of fuel costs; and WHEREAS, the deadline for intervention is September 17, 1993; and WHEREAS, the City of University Park has an interest in such proceeding; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: That the City Manager or his designee is hereby authorized to retain the law firm of Butler, Porter, Gay and Day for legal counsel and to engage appropriate consultants to intervene on behalf of the City of University Park in PUC Docket No. 12206. PRESENTED AND PASSED on this the 15th day of September , 1993, by a vote of 4 ayes and 0 nays at a regular meeting of the City Council of the City of University Park, Texas. ATTEST: CITY SECRETARY RESOLUTION NO. 93-23 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS NOMINATING THOMAS LANDRUMAS A CANDIDATE TO BE THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS, The Chief Appraiser of the Dallas Central Appraisal District has been charged with the responsibility of conducting the election process to determine the membership of the Board of Directors of the Dallas Central Appraisal District, according to the Property Tax Code of Texas; and WHEREAS, each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors; and WHEREAS, the said cities and towns shall, from among the nominations received, appoint by a majority vote, with each city and town being entitled to one (1) vote, the fourth member of the Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT the City Council of the City of University Park, Texas does hereby nominate Thomas Landrum as a candidate to be the fourth member of the Board of Directors of the Dallas Central Appraisal District. DULY PASSED AND APPROVED this 5th day of October, 1993. ATTEST: APPROVED ~YOR CITY SECRETARY RESOLUTION NO. 93-24 A RESOLUTION OF THE CITY OF UNIVERSITY PARK SUPPORTING THE EFFORTS OF THE NATIONAL LEAGUE OF CITIES AND THE TEXAS MUNICIPAL LEAGUE TO INFORM THE PUBLIC ABOUT THE BURDENS AND INFLEXIBILITY OF FEDERAL UNFUNDED MANDATES ON CITY FINANCES ~ AND ENDORSING "NATIONAL UNFUNDED MANDATES DAY" ON OCTOBER 27, 1993, TO BEGIN THIS EDUCATIONAL CAMPAIGN. WHEREAS, federal unfunded mandates on city governments have increased significantly in recent years; and WHEREAS, federal mandates require cities to perform duties without consideration of local circumstances or capacity; and WHEREAS, federal mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare, and safety of municipal citizens; and WHEREAS, excessive federal burdens on cities force on citizens and taxpayers either higher local taxes and fees, reduced local services, or both; and WHEREAS, federal mandates are too often inflexible, "one-size- fits-all" requirements that impose unrealistic time frames and specify procedures or facilities when less costly alternatives might be just as effective; and WHEREAS, existing mandates impose harsh pressures on local budgets, and the federal government has imposed a freeze upon funding to help compensate for any new mandates; and WHEREAS, the cumulative impact of these legislative and regulatory actions directly affects the citizens of our cities; and WHEREAS, the National League of Cities (NLC), in conjunction with other state and local government representatives and state municipal leagues, including the Texas Municipal League (TML), has begun a national public education campaign to help citizens understand and then reduce the burden and inflexibility of unfunded mandates, beginning with a National Unfunded Mandates Day on October 27, 1993; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF UNIVERSITY PARK, TEXAS THAT; SECTION 1. The City of University Park endorses the efforts of the National League of Cities and the Texas Municipal League and supports working with NLC and TML to fully inform our citizens and members of our Congressional delegation about the impact of federal mandates on our city finances and the pocketbooks of our citizens. SECTION 2. The City of University Park supports National Unfunded Mandates Day on October 27, 1993, to kickoff this effort to inform the public. PASSED AND APPROVED this the 20th day of October, 1993. ATTEST: CITY SECRETARY RESOLUTION NO. 93-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, DETERMINING THE NECESSITY OF THE IMMEDIATE REPAIR OF THE CURB AND GU'Fl'ER OF THE MEDIAN SECTION OF SMU BOULEVARD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR CONSTRUCTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is necessary to reconstruct the median, curbs and gutters of SMU Boulevard and to authorize execution of a construction contract for such purpose; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council of the City of University Park hereby finds and determines that it is necessary to preserve and protect the public health and safety of the City's residents by the immediate reconstruction of the median, curb and gutter sections of SMU Boulevard without the delay required for compliance with Chapter 252 of the Local Government Code. SECTION 2. The City Council hereby further finds and determines that at least 1/3 of the cost of such public improvements will be paid by the abutting property owner whose property will benefit from the improvements. For this reason, the competitive bidding requirements of Chapter 252 do not apply to the expenditure. SECTION 3. That the Mayor be, and she is hereby, authorized to execute a construction contract with cJ. rcle "c" ConstructJ. on in the sum of $ 14z,o0o.oo to accomplish the improvements to the median, curb and gutter I AGGO4B28 sections of SMU Boulevard. That such public improvements will be accomplished in accordance with the approved plans and specifications and in accordance with minimum City standards. SECTION 4. That this resolution shall take effect immediately from and after its passage, and is accordingly so resolved. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, on the 20t:~. day of octobez: ,1993. APPROVED: A'n'EST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 2 AGGO~B28 RESOLUTION NO. 93--26 A RESOLUTION OF THE CITY OF UNIVERSIT~ PAI~K , DALLAS COUNTY, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of the Texas Property Tax Code) as follows: 1. The City of Dallas shall appoint one (I) member to the Board. 2. The Dallas Independent School District shall appoint one (I) member to the ~oard. 3. The 'Dallas County Commissioners' Court shall appoint one (1) member to the Board. The member appointed by the Dallas County Commissioners' Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. 4. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors. The said cities and towns shall, from among the nominations received, appoint by a majority vote, with each city and town being entitled to one (1) vote, the fourth member of the Board of Directors. 5o Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall, from the nominations received, appoint by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for appointment to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum, and WHEREAS, the City of UNIVERSITY PARK by marking the ballot below: (Check one only) does hereby cast its vote THOMAS B. LANDRUM NOW, THEREFORE~.BE-.:IT :RESOLVED that the City Council of the City of UNIVFAISITY'PARK doe~ ~reby confirm its one (1) vote for the election of T~tO~ B. I2kN-DRI]~[ as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal District. PASSED AND APPROVED, this the 2 day of NOVI~qBI~R , 1993 City .Secretary RESOLUTION NO. 93-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING PERMISSION TO THE BOARD OF DIRECTORS OF THE TEXAS HIGHER EDUCATION AUTHORITY, INC., TO AMEND THE ARTICLES OF INCORPORATION; APPROVING THE FORM OFAMENDMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Higher Education Authority, Inc. wishes to amend its Articles of Incorporation adopted by the Authority and filed with the Secretary of State of the State of Texas on December 13, 1985; and WHEREAS, pursuant to Article XII of the Articles of Incorporation, the Board of Directors of the Authority has filed with the City Council an application seeking permission to amend the Articles; and WHEREAS, the City Council finds and determines that it is advisable that the proposed amendment be made and approves the form and substance of the amendment and authorizes the same to be made; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council finds and determines that it is advisable that the Articles of Incorporation of the Texas Higher Education Authority, Inc. be amended as proposed by the Board of Directors of the Authority. SECTION 2. That the form and substance of the amendment, as shown in Exhibit "A" attached hereto and made part hereof for all purposes, be, and the same is hereby, approved. AGGO4BAD SECTION 3. That the Board of Directors of the Texas Higher Education Authority, Inc., be, and is hereby, authorized to amend the Articles of Incorporation by adopting such amendment and delivering the Articles of Amendment to the Secretary of State of the State of Texas in the form and manner prescribed by law. SECTION 4. That, except as authorized by this Resolution, the Articles of Incorporation of the Texas Higher Education Authority, Inc., shall remain in full force and effect. SECTION 5. This Resolution shall take effect immediately from and after its passage, and is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the second day of November, 1993. APPROVED: A'I-I'EST: CITY A'I-i'ORNEY (RLD/ch 10-27-93) CITY SECRETARY AGGO4BAD EXHIBIT "A" TO RESOLUTION NO. 9 3- 2 7 ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF TEXAS HIGHER EDUCATION AUTHORITY, INC. Pursuant to the provisions of Article Xll of the Articles of Incorporation of Texas Higher Education Authority, Inc. (the "Authority"), the undersigned adopts the following Articles of Amendment to its Articles of Incorporation which will amend Article IV of the Articles of Incorporation previously adopted by the corporation and filed with the Secretary of State of the State of Texas, to permit Texas nonprofit institutions of higher education to finance facilities funded through the Authority both inside and outside the State of Texas. ARTICLE ONE The name of the corporation is TEXAS HIGHER EDUCATION AUTHORITY, INC. ARTICLE TWO Article IV of the Articles of Incorporation is hereby amended so as to read as follows: "ARTICLE IV The Corporation is organized solely and exclusively for the purpose of aiding Texas nonprofit institutions of higher education in financing educational facilities and housing facilities and facilities incidental, subordinate or related thereto or appropriate in connection therewith, including those facilities located both inside and outside the State of Texas in accordance with and subject to the provisions of the Act. All of such activity shall be done on behalf of the City or on behalf of other municipalities within the State, all as their duly constituted authority and instrumentality, respectively. The Corporation shall have and may exercise all powers granted under the Act, except as such powers are limited by these Articles of Incorporation or by the Bylaws of the Corporation." DATED November 2, 1993 TEXAS HIGHER EDUCATION AUTHORITY, INC. BY: ..,~.c,-~ ~. ~.~° -Presideht, Board of ATTEST: RESOLUTION NO. 94vl ,,. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS. AUTHORIZING EXECUTION OF A CONTRACT WITH BARSON 'I:RUCTION COMPANY FOR EMERGENCY SANITARY SEWER AND WATER CONS ITURE OF NECESSARY FUNDS; AND MAIN REPAIRS; AUTHORIZING EXPEND PROVIDING AN EFFECTIVE DATE. WHEREAS, in the first week of January, 1994, an obstruction in a sanitary sewer main created an overflow which discharged approximately 19,000 gallons of sewage into Turtle Creek; and WHEREAS, temporary repairs were attempted and failed on each occasion; and WHEREAS, failure of a sanitary sewer main creates a public calamity in the preservation of the public health and safety of the City's residents and requires immediate appropriation of money to relieve the necessity and preserve the property of the City; and WHEREAS, informal bids were taken from contractors for emergency repairs and the lowest responding contractor was Barson Construction Company which submitted a total bid of $274,922; and WHEREAS, it appears that approximately 1,000 feet of sanitary sewer main must be replaced immediately to prevent further discharges of waste water into Turtle Creek; and WHEREAS, it appears that reconstruction of a water line in the same street will be required almost immediately for fire protection services and disruption of the street for an extended period will create a safety issue because of the difficulty of access of emergency response vehicles to the 6000 Block of St. Andrews; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: That based on the above premises, the City Council of the City SECTION 1. of University Park hereby finds that the expenditure authorized by this Resolution is one made because of the public calamity that required immediate appropriation of money to relieve the necessity of the City's residents and to preserve the property of the City, and further finds that such procurement is necessary to preserve and protect the public health AGG05027 and safety of the City's residents, and further finds that such procurement is necessary because of unforeseen damage to public equipment and property by the failure of a major sanitary sewer line. SECTION 2. That the City Council, having made such findings, is of the opinion and finds that this expenditure is not subject to competitive bidding and falls under the general exemptions contained in Section 252.022 of the Local Government Code. SECTION 3. That the City Manager be, and is hereby, authorized to enter into a contract for the immediate repair of the sanitary sewer line and replacement of the water main in the same street right-of-way with Barson Construction Company for the approximate sum of $274,922. That any actions of the City Manager or other official of the City in connection herewith taken before the effective date of this Resolution are hereby ratified. SECTION 4. That the City Manager is authorized to appropriate the necessary funds from available accounts to pay the costs of the contract authorized hereby, plus necessary engineering services in connection with the project to R.L. Goodson Consulting Engineers. SECTION 5. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of February, 1994. AGG05027 APPROVED: ATTEST: APPROVED AS TO FORM: CITY A I [ORNEY (RLD/ckh 1-19-94) CITY SECRETARY AGG05027 RESOLUTION NO. 94- 2 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDIN~ RESOLUTION NO. 93-8, EXHIBIT "A," SECTION VI (3) "TENNIS COURTS" AND (7), "SWIMMIN~ POOL," TO ESTABLISH NEW FEES FOR USE OF THE TENNIS COURTSAND NEW RECULATIONS AND FEES FOR USE OF THE SWIMMIN~ POOL; AND PROVIDIN~ AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution 93-8 of the City of University Park, Texas, is hereby amended by amending Exhibit "A," Section VI (3), "Tennis courts," to read as follows: "3. Tennis courts Ail qualified residents of the City of University Park, upon making application to the Utilities Office, may secure an annual tennis permit for use of the City's tennis courts. Such permit shall be numbered and coded as to indicate the time of its validity. Individual permit Family permit Children under 12 Persons over 60 The charge shall be as follows: 40.00 80.00 7.50 7.5O" SECTION 2. That Resolution 93-8 of the City of University Park, Texas, is hereby amended by amending Exhibit "A," Section VI (7), "Swimming pool," to read as follows: "7. (1) Swimminq pool All residents of University Park, nonresident owners of property in University Park, and residents of the Highland Park Independent School District (HPISD) who are not residents of University Park, six (6) years of age or older upon making application in person to the Utilities Office, may secure annual permits to swim in the pools. The charge for these permits shall be as follows: Residents of University Park before pool opens after pool opens 35.00 40.00 be Nonresident owners of property in University Park before pool opens after pool opens $ 35.00 $ 40.00 Ce Residents of the HPISD who are not residents of University Park before pool opens after pool opens $ 75.00 $100.00 Senior citizens (over age 60) who are residents of University Park before pool opens $ 25.00 after pool opens $ 25.00 If an immediate family of more than four (4) purchases more than four (4) permits at one time, each permit in excess of four (4) shall be sold at half price. (3) A member of a group defined in subsection (1) above may secure permission for quests to use pools by paying attendants of the gate a cash fee of four dollars ($4.00) for each guest each time each guest uses the pool. (4) A member of a group defined in subsection (1) not owninq an annual permit may use the swimming pool upon presentation of identification and paying a charge of four dollars ($4.00) per person for each time the pool is used. (5) Lost permit identification card If the photo identification card issued with the annual pool permit is lost, a duplicate may be secured from the Utilities Office for ten dollars ($10.00). (6) Use of pool by children under six (6) years of aqe Children under six (6) years of age who are members of a group defined in subsection (1) above or guests of a member of a group defined in subsection (1) above may use any of the pools without charge when accompanied by a parent or guardian sixteen (16) years of age or older at all times. If the parent or guardian desires to enroll such child in one of the swimming instruction classes, a ten dollar ($10.00) enrollment fee shall be paid for the child." SECTION 3. That all resolutions of the City in conflict with the provisions of this resolution be, and the same are hereby, repealed and all other resolutions of the City not in conflict with the provisions of this resolution or the Code of Ordinances shall remain in full force and effect. SECTION 4. This resolution 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 1st day of February, 1994. APPROVED: ATTEST: TY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. 94/3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, CALLING AN ELECTION ON SATURDAY, MAY 7, 1994, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCILMEMBERS; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: That the City Council of the City of University Park, Texas hereby orders that an election be held in the City of University Park, Texas, on the 7th day of May, 1994 to elect a Mayor for a two (2) year term and four (4) Councilmembers for two (2) year terms. Section 1: That the candidate receiving a majority of all votes cast for Mayor shall be elected for a two (2) year term and the four (4) candidates receiving the highest number of votes cast for Councilmember shall be elected for two (2) year terms. The polling place for said election shall be the University Park City Hall, 3800 University Boulevard. The polls shall be open from 7:00 a.m. to 7:00 p.m. None but legally qualified voters of the City shall be entitled to vote at said election. Section 2: Notice of said election shall be posted, not later than April 18, 1994, on the bulletin board used to publish notice of City Council meetings. The person posting the notice shall make a record at the time of posting stating the date and place of posting. Notice of said election shall be published in the official newspapers of the City one (1) time not earlier than April 7, 1994, and'not later than April 27, 1994. The City Secretary shall secure affidavits of publication from the official newspapers giving a record of the date and fact of publication. Section 3: D.A. Sharpe is hereby appointed Presiding Election Judge and Marion C. Baker is hereby appointed Alternate Presiding Election Judge. The Presiding Election Judge shall appoint two (2) election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. All Judges and Clerks shall be qualified voters of the City. Section 4: Early voting for the election shall be held at the office of the City Secretary at the City Hall on April 18, 1994 to May 3, 1994 between the hours of 8:00 a.m. and 5:00 p.m. Section 5: After holding the election, the Presiding Election Judge shall promptly deliver return to the City Secretary and to the Mayor, and the City Secretary shall thereafter present such returns to the City Council for the canvassing of said election. The Presiding Election Judge and Alternate Presiding Election Judge and all Clerks appointed by the Presiding Election Judge shall be paid the sum of Five Dollars ($5.00) per hour for their services in conducting the election, and not exceeding pay for more than one (1) hour of work before the polls open. The Election Judge or Clerk who delivers the records, keys to the ballot box or voting machine, other election equipment, and unused election supplies after the election shall be entitled to additional compensation in the amount of Twenty-five Dollars ($25.00). The election returns shall be canvassed by the City Council not earlier than the 2nd day or later than the 6th day after the election day at a time set by the Mayor. The City Council shall canvass the returns as provided by law and upon completion shall declare the results, and the person receiving the majority of all votes cast for Mayor shall be elected Mayor and the four (4) persons receiving the highest number of votes for City Councilmember shall be elected. Such elected officers may enter upon their duties as soon as they have qualified and taken the oath of office as provided by law. PASSED AND APPROVED this 16th day of February, 1994. ATTEST: City of Univers~ Park?~Texas CITY SECRETARY City of University Park, Texas RESOLUCION NUM. 94/3 UNA RESOLUCION DEL CONCEJO MUNICIPAL DE LA CIUDAD DE UNIVERSITY PARK, LLAMANDO UNA ELECCION EL SABADO, 7 DE MAYO DE 1994, CON EL FIN DE ELEGIR A UN ALCALDE Y A CUATRO CONCEJALES; Y ESTIPULANDO UNA FECHA VIGENTE. AHORA, POR CONSIGUIENTE, ES RESUELTOPOR EL CONCEJOMUNICIP~ DE LA CIUDAD DE UNIVERSITY PARK, TEXAS: Que el Concejo Municipal de la Ciudad de University Park, Texas, por este medio ordene que se lleve a cabo una eleccion en la Ciudad de University Park, Texas, el 7 de mayo de 1994, para elegir a un Alcalde para desempeSar el cargo por un periodo de dos (2) aSos y a cuatro (4) Concejales para desempeSar el cargo por un periodo de dos (2) aSos. Seccion 1: Que el candidato que reciba la mayoria de los votos dados para Alcalde sea elegido para desempehar el cargo por un periodo de dos (2) a~os y los cuatro (4) candidatos que reciban la mayor parte de los votos dados para Concejales sean elegidos para desempe~ar el cargo por un periodo de dos (2) aSos. E1 lugar para votar en dicha eleccion estara en la Municipalidad de University Park, 3800 University Boulevard. E1 lugar de votos estara abierto desde las 7:00 de la manana hasta las 7:00 de la noche. Nadie mas que los votantes legales y calificados de la Ciudad tendran el derecho de votar en dicha eleccion. Seccion 2: Se fijara aviso de dicha eleccion no mas tarde que el 18 de abril de 1994, en el tablon donde se colocan anuncios empleado para publicar aviso de reuniones del Concejo Municipal. La persona encargada de fijar el aviso anotara al colocarlo declarando la fecha y lugar del anuncio. Se publicara el aviso de dicha eleccion en los periodicos oficiales de la Ciudad una (1) vez no antes del 7 de abril de 1994, y no despues del 27 de abril de 1994. E1 Secretario Municipal afirmara un afidavit de publicacion de los periodicos oficiales dando informe de fecha y hecho de publicacion. Seccion 3: D. A. Sharpe es nombrado por este medio Juez Actuante de Eleccion y Marion C. Baker es nombrada pot este medio Juez Actuante Suplente de Eleccion. E1 Juez Actuante de Eleccion nombrara a dos (2) Escribientes electorales y a tantos mas Escribientes como sea necesario para llevar a cabo adecuadamente la eleccion. Todos los Jueces y Escribientes seran votantes calificados de la Ciudad. Seccion 4: Se llevaran a cabo los primeros votos de eleccion en la oficina del Secretario Municipal en la Municipalidad el 18 de abril de 1994, al 3 de mayo de 1994, entre las horas de las 8:00 de la manana y las 5:00 de la tarde. Section 5: Despues de llevar a cabo la eleccion, el Juez Actuante de Eleccion rapidamente llevara los resultados al Secretario Municipal y al Alcalde, y el Secretario Municipal de alli en adelante presentara dichos resultados al Concejo Municipal para el escrutinio de dicha eleccion. Se pagara al Juez Actuante de Eleccion y al Juez Actuante Suplente de Eleccion y a todo Escribiente nombrado por el Juez Actuante de Eleccion el total de Cinco Dolares ($5.00) por hora por su trabajo en llevar a cabo la eleccion, y no sobrepasando pago por mas de una (1) hora antes de abrirse el lugar de votos. E1 Juez de Eleccion o Escribiente que entregue los documentos, las llaves de la urna electoral o aparato para votar, otro equipo electoral, y surtidos de eleccion no usados despues de la eleccion tendra el derecho de recibir recompensa adicional en la cantidad de Veinte y Cinco Dolares ($25.00). Los resultados de la eleccion seran examinados por el Concejo Municipal no mas antes del 2~ dia ni despues del 6~ dia a partir del dia de eleccion a la hora nombrada por el Alcalde. E1 Concejo Municipal examinara los resultados como se estipula por ley y al cumplirlo declarara los resultados finales, y la persona que reciba la mayoria de los votos dados para Alcalde sera elegido como Alcalde y las cuatro (4) personas que reciban la mayor cantidad de los votos para desempe~ar el cargo de Consejal se declarara elegido. Dichos elegidos oficiales podran empezar a desempeSar sus cargos tan pronto como sean calificados y hayan prestado juramento al asumir su cargo como estipulado por ley. APROBADA Y ACEPTADA este dia 16 de febrero de 1994. ALCALDE v~ ~ Ciudad de Uni ity Pa , Texas ATESTIGUO: SECRETARIO MUNI~ Ciudad de University Park, Texas RESOLUTION NO. 94-4 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A JOINT ELECTION AGREEMENT ANDANELECTION SERVICES CONTRACT FOR THE GENERAL MUNICIPAL ELECTION OF CITY OFFICIALS TO BE HELD ON MAY 7, 1994; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas on February 16, 1994 called the General Municipal Election of City Officials to be held May 7, 1994 for the purpose of electing a Mayor and four (4) Councilmembers; and WHEREAS, the City Council proposes to enter into a joint election agreement with the Dallas County Park Cities Municipal Utility District for the May 7th election; and WHEREAS, the City Council proposes to contract with Dallas County for the Dallas County Elections Department to administer the joint election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF UNIVERSITY PARK, TEXAS SECTION I That the Mayor, with concurrence of the City Council, is hereby authorized to execute a joint election agreement and election services contract in substantially the form and substance of Exhibit A attached hereto and incorporated herein for all purposes. SECTION 2 That this resolution shall take effect immediately upon its passage and approval as provided by law. DULY RESOLVED by the University Park City Council on this the 16th day of February, 1994. ~ryboarra Hi tzelber~ ~ ATTEST: Bobbie Sharp City Secretary RESOLUTION NO. 94-5 CANVASS OF RETURNS AND DECLARATION OF RESULTS OF AN ELECTION HELD IN THE CITY OF UNIVERSITY PARK, TEXAS, ON MAY 7, 1994, FOR THE ELECTION OF CITY OFFICIALS FOR THE CITY OF UNIVERSITY PARK, TEXAS. BE IT REMEMBERED that, heretofore, on the 16th day of February, 1994, the City Council of the City of University Park, Texas, duly called an election to be held on the 7th day of May, 1994, for the purpose of electing a Mayor for a two (2) year term and four (4) Councilmembers for two (2) year terms. BE IT REMEMBERED that on the llth day of May, 1994, at a meeting of the City Council of the City of University Park, Texas, a quorum being present, the meeting was called to order and the following business was transacted. Upon motion duly made and seconded, it was unanimously ordered that the City Council consider the official returns of an election held in the City on the 7th day of May, 1994, for the purpose of electing a Mayor and four (4) Councilmembers for the City of University Park. WHEREAS, immediately after said election, the Presiding Judge and other election officials holding said election made their returns and the results thereof to the City Council according to law and duly authenticated that the written notice of said election was published and posted for the time and in the manner provided by law and by the ordinance calling the election, and all proceedings pertaining to said election having been shown to have been done and performed at and within the time and within the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Council, and no protest or objection being made to or regarding any matter pertaining to said election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That after examining said returns and opening and canvassing the votes cast at said election, the results of said election are as follows: That there were 1,006 votes cast, according to the returns; and each of the candidates listed on the ballot in said election received the following votes: Name of Candidate FOR MAYOR: F.B. "Pete" Goldman FOR COUNCILMEMBERS: Dan Stansbury Harold Peek Christopher Sharp James H. "Blackie" Holmes Forrest E. Keene Ed Freeman Number of Votes Received 813 645 638 633 624 272 210 That there were no write-in votes cast. SECTION 3. THAT, on May 7, 1994, F.B. Pete Goldman was elected Mayor of University Park; and Dan Stansbury, Harold Peek, Christopher Sharp, and James H. "Blackie" Holmes were elected Councilmembers of University Park. The above parties are declared duly elected to their respective offices subject to taking of oaths and filing bonds as provided by law. DULY ADOPTED by the City Council of the City of University Park, Texas, on the llth day of May, 1994. ATTEST: CITY SECRETARY RESOLUTION NO. 94-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE EMERGENCY RECONSTRUCTION OF THE FIFTEEN (15") INCH SANITARY SEWER MAIN ALONG TURTLE CREEK, FROM THE ALLEY SOUTH OF COLGATE TO THE ALLEY SOUTH OF GREENBRIER; AUTHORIZING THE EXPENDITURE OF NECESSARY FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, numerous breaks have been discovered in the fifteen (15") inch sanitary sewer main along Turtle Creek; and WHEREAS, failure of a sanitary sewer main creates a public calamity in the preservation of the public health and safety of the City's residents and requires immediate appropriation of money to relieve the necessity of the City's residents and to preserve the property of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY, TEXAS: SECTION 1. That based on the above premises, which the City Council finds to be true and correct, the City Council of the City of University Park hereby finds that the expenditure authorized by this Resolution is one made because of a public calamity that requires immediate appropriation of money to relieve the necessity of the City's residents and to preserve the property of the City, and further finds that this is a procurement necessary to preserve or protect the public health and safety of the City's residents, and further finds that such procurement is necessary because of unforeseen damage to public equipment and property by the failure of a major sanitary sewer line. SECTION 2. That the City Council, having made such findings, is of the opinion and finds that this expenditure is not subject to competitive bidding and falls under the general exemptions contained in Section 252.022 of the Local Government Code. AGGO566A SECTION 3. That the City Manager be, and is hereby, authorized to enter into a contract for the immediate reconstruction of the fifteen (15") inch sanitary sewer main along Turtle Creek, from the alley south of Colgate to the alley south of Greenbrier, for the approximate sum of $ 217,000, That any actions of the City Manager or other official of the City in connection herewith taken before the effective date of this Resolution are hereby ratified. SECTION 4. That the City Manager is authorized to appropriate the necessary funds from available accounts to pay the costs of the contract authorized hereby, plus necessary engineering services in connection with the project. SECTION 5. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 25th day of May, 1994. APPROVED: ATTEST: ('"--'~,~ROVED AS ,'~ FORII[~I~----~ CITY ATTORNEY (RLD/ckh 5-19-94) *With Moss Construction Company CITY SECRETARY AGG0566A RESOLUTION NO. 94-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION NO. 91-14, SECTION V, SANITATION, TO PROVIDE FEES FOR YARD WASTE BAGS AND TRANSFER STATION SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has heretofore adopted Resolution 91-14, a comprehensive fee resolution for the City; and WHEREAS, it is necessary to provide fees for the sale of bags for collection of yard waste and for transfer station services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution 91-14, the comprehensive fee resolution of the City of University Park, be, and the same is hereby, amended by adding subsections 6 and 7 to Section V, Sanitation, such sections to read as follows: "V. Sanitation 6. Yard waste bags The city shall sell biodegradable yard waste bags for seventy-five cents' ($0.75) each to individuals. A discounted price may be set for sale of the bags by the city to retail establishments or other organizations which intend to resell the bags to end users. 7. Transfer station fees Effective July 1, 1994, the following fees shall be assessed for use of the city's solid waste transfer station: (1) University Park residents driving passenger cars, pickups, and single-axle trailers to haul refuse shall not be charged. A valid Texas driver's license is required as proof of residency. AGG05719 (2) Non-residents driving passenger cars, pickups, and single-axle trailers to haul refuse: $40.00 per load. (3) Non-residents driving commercial pickups, vans, panel trucks, and single-axle trailers to haul refuse: $40.00 per load. (4) Non-residents driving trucks or multi-axle trailers with a cargo bed length of 15 feet or less to haul refuse: $75.00 per load. (5) Non-residents driving trucks or multi-axle trailers with a cargo bed length of more than 15 feet and equal to or less than 25 feet to haul refuse: $100.00 per load. (6) Non-residents driving trucks or multi-axle trailers with a cargo bed length of more than 25 feet or truck tractors with semi-trailers to haul refuse will not be accepted at the transfer station." SECTION 2. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of June, 1994. APPROVED: / MAYOR ' ' ATTEST: cI'rY SECRETARY CITY ATTORNEY (RLD/ckh 6-2-94) RESOLUTION NO. 94-8 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AFFIRMING AN AGREEMENT WITH THE CITIES OF RICHARDSON AND THE TOWNS OF ADDISON, BUCKINGHAM AND HIGHLAND PARK RE~ARDING THE SELECTION PROCESS FOR A SHARED MEMBER TO THE DALLAS AREA RAPID TRANSIT (DART) BOARD; AND AUTHORIZING THE MAYOR TO APPROVE A CANDIDATE FOR BOARD MEMBER. WHEREAS, Article ll18y, Vernon's Texas Civil Statutes, as amended, provides cities having a fractional allocation for board membership to aggregate its population with another city to appoint a member; and WHEREAS, cities aggregating their population to make an appointment shall agree on a method of making this appointment; and WHEREAS, it is the desire of the City of University Park in conjunction with the City of Richardson, and the Towns of Addison, Buckingham and Highland Park to aggregate population for the selection of a DART Board Member; and WHEREAS, it has been determined by the City Council of the City of University Park that the most effective method to promote an area-wide approach to regional mobility and transportation is achievement of this appointment through consensus of participating cities; NOW THEREFORE, BE iT RESOLVED BY THE CITY OF UNIVERSITY PARK, TEXAS THAT; SECTION I The Cities of University Park and Richardson and the Towns of Addison, Buckingham and Highland Park, will mutually agree upon a candidate to serve as a DART Board Member making use of fractional population aggregation for a full Board Member. It will be preferred that this candidate who will serve more than one City shall have regional qualifications of interest, background, and experience. SECTION 2 The City/Town having the highest percentage of the fractional allocation shall submit a candidate for approval by the other cities through the Mayor of each city. If all cities concur with the nomination, the individual will be the DART Board appointment. SECTION 3 If concurrence with all cities is not reached on the individual nominate, another candidate must be proposed for consideration. This candidate, and any subsequent nominations, any be proposed by any of the member cities participating in aggregation of population. All municipalities participating in the aggregation for a specific Board seat must agree on the selection of an individual candidate. SECTION The Mayor of the City of University Park is hereby authorized to approve the appointment of Raymond D. Noah to the DART Board as nominated by the City of Richardson. SECTION 5 This resolution shall be effective immediately upon passage. PASSED AND APPROVED this the 15th of June, 1994. ATTEST: CITY SECRETARY RESOLUTION NO. 9 4- 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TEXAS UTILITIES ELECTRIC COMPANY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Utilities Electric Company ('I'UEC) did, on June 6, 1994, file a petition and Statement of Intent to implement proposed tariffs on July 11, 1994; and WHEREAS, the City of University Park, Texas (City) is a regulatory authority having a statutory duty to participate in such proceedings and whose citizens will be substantially affected by the rates and tariffs established as a result of such proceedings; and WHEREAS, after having considered the presentation of TUEC, it is the opinion of the City Council that such proposed tariffs should be suspended for a period of ninety (90) days from the effective date stated above, for further study, investigation, presentation of evidence and public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That in order to allow sufficient time to analyze and prepare for a public hearing and decision on the requested tariffs, the operation of the proposed tariffs and schedule of rates be, and the same is hereby, suspended for a period of ninety (90) days from the date the same would otherwise go into effect, or until October 9, 1994, and for such additional period of time as may be necessary and authorized by law. During the period of suspension, the current tariffs and rates shall be those tariffs and rates in effect when the suspended schedule was first filed and which shall continue in force until the proposed tariffs and rates are finally approved, modified or denied by the City Council. AGGO58A7 SECTION 2. Resolution to: The City Secretary is directed to forward certified copies of this R.D. Keeney Vice President Texas Utilities Electric Company 2001 Bryan Street Suite 2100 Dallas, Texas 75201 J. Dan Bohannan Worsham, Forsythe, Sampels & Wooldridge, L.L.P. 2001 Bryan Street Suite 3200 Dallas, Texas 75201 SECTION 3. This Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of July, 1994. APPROVED: ~MAYOR ATTEST: ~'-~PROVED AS TO FOR ~M,: ?.% Cl~ A~ORNEY (RLD/ckh 6-28-94) CITY SECRETARY AGGOS8A7 RESOLUTION NO. 94 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPOINTING MEMBERS TO THE 1994-96 BOARDS AND COMMITTEES. WHEREAS, the City Council of the City of University Park appoints numerous statutory and advisory boards and committees, and; WHEREAS, these committees are appointed for two year terms, coinciding with city election years, and; WHEREAS, the City Council, elected in May of 1994, is now appointing those committees for the period of July, 1994 to July, 1996; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT: SECTION 1. The City Council of the City of University Park hereby appoints the following individuals and committees attached hereto as Exhibit "A". SECTION 2. This resolution shall be in effect immediately upon its adoption. PASSED AND APPROVED this the 5th day of July, 1994. ATTEST: CITY SECRETARY EXHIBIT "A" List of Statutory Boards and Advisory Committee members as appointed by the City of University Park City Council on July 5, 1994. BOARD OF ADJUSTMENT 1. Olin B. Lane, Jr., Chair 2. Steve Chapman 3. W. Crozier Gowan, Jr. 4. Richard Rogers 5. Kell Williard Alternate Members 6. Art Barnes 7. Jerry L. Grable 8. Roy Kull 9. Harry Shawver, Jr. PLANNING AND ZONING COM~4ISSION 1. J. Stanley Knight, Chair 2. W. Richard Davis 3. Bill Foose 4. Fred Ligon III 5. Robert H. West Alternate Members 6. Randy Biddle 7. Tommy Allen Caldwell 8. Bea Humann 9. Joanne Norton CAPITAL PROJECTS REVIEW COMMITTEE 1. Harold Peek, Chair 2. F.B. Pete Goldman 3. Barbara Hitzelberger 4. Don Houseman 5. John Roach EMPLOYEE BENEFITS COM]~!TTEE 1. James E. Roberts, Chair 2. Kirk A. Anderson 3. David W. Burgher 4. William C. Clifton 5. Clair G. Crossland 6. William R. Johnson 7. James M. Klancnik FINA/~CE COMMITTEE 1. Ray Gressett, Chair 2. John B. Atwood, III 3. Howell Harralson 4. Terry Kelley 5. James O. Langley 6. William C. Murphy 7. Robert M. Olmsted, Jr. 8. P. Vann Phillips 9. Rod Sager 10. Terry M. Wilson LEGISLATIVE COMMITTEE 1. Leland D. Nelson, Chair 2. Robert F. Begert 3. Roy C. Coffee, Jr. 4. Ed Drake 5. J. Kent Newson 6. Trevor W. Rees-Jones 7. Robert J. Riek PARKS COMMITTEE 1. William H. Pardoe, Chair 2. Mollye Adams 3. Johnetta Burke 4. Julie Cochran 5. J. Mac Fuller 6. Sam Henry 7. Blynn C. (Bud) McIntire 8. Robin Smith 9. Sandra Tucker PROPERTY CASUALTY & LIABILITY INSURANCE COM~4ITTEE 1. William Lee Carter, III, Chair 2. Ronald R. Cathey 3. Orville D. Jones 4. Hayden R. Pittman 5. Scott Ragland 6. William E. Strother 7. Frank A. Swingle PUBLIC SAFETY COMMITTEE 1. Barbara Hitzelberger, Chair 2. Linda Bux 3. Doug Clarkson 4. Kirk & Charlotte Dooley 5. Michael G. Flewharty 6. Edwin T. Freeman, II 7. Aaron Graves 8. Rob Holmes 9. Sally Kelley 10. Paula Molberg 11. Steve Nelson 12. Liz Newman 13. Mollie Newman 14. Joseph M. Nichols 15. Bonnie Rowsey 16. Mark Schafer 17. Robert R. Smith, Jr. PUBLIC WORKS COMMITTEE 1. James M. Walley, Chair 2. John Crist 3. William H. Lawson 4. Paul Pulliam 5. Jim Snell 6. Kelly Walker URBAN DESIGN AND DEVELOPMENT ADVISORY COM~4ITTEE 1. E. Taylor Armstrong, Jr., Chair 2. Michael Culwell 3. Marc Hall 4. Lynn Hill 5. Fran Oglesby Keay 6. Byron McCommas 7. William H. Pardoe 8. H.R. Patterson, Jr. 9. Calvin Ramage 10. Suzanne Tubb 3 ZONING ORDINANCE ADVISORY COMMITTEE 1. Robert H. Clark, Chair 2. Ted Biggers 3. Robin Brown 4. Mike Bryant 5. Sandra Cude 6. Kim Kohler 7. Dayton C. Macatee 8. Robert Rhoads 9. Mark R. Smith 10. Robert F. Spies 11. Mark Van Kirk JUDGE OF THE MUNICIPAL COURT James P. Barklow, Jr., Judge ASSISTANT JUDGES OF THE MUNICIPAL COURT John Willard Clark, Jr. Winfield W. Scott Charles Lee Caperton SOUTHWEST HIGHER EDUCATION AUTHORITYr INC~ 1. Trevor W. Rees-Jones, Pres. and CEO 2. O. Paul Corley 3. Barbara Hitzelberger 4. Don Houseman 5. Lawrence Maxwell 6. Thomas Max Nygaard 7. Jane Slover TEXAS HIGHER EDUCATION AUTHORITY, INC. 1. Thomas Max Nygaard, President 2. Trevor W. Rees-Jones, Sec.-Treas. 3. O. Paul Corley 4. Barbara Hitzelberger 5. Lawrence Maxwell 6. Don Houseman 7. Wayne Tenny CITY HEALTH OFFICER George E. Hurt, Jr., M.D. RESOLUTION NO. 94-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A TEMPORARY LICENSE AGREEMENT FOR THE USE OF CITY RIGHT-OF-WAY FOR PRO GOLF DISCOUNT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Temporary License Agreement, a true copy of which is attached hereto as Exhibit "A", for the use of City right-of-way adjacent to 4320 Lovers Lane be, and the same is hereby, approved and the Mayor is authorized to execute the same on behalf of the City of University Park. SECTION 2. That hereafter, whenever a property owner applies for a Temporary License Agreement in connection with a request for a Special Event Permit under the provisions of Chapter 4, Section 6, of the Code of Ordinances, the Director of Public Works and Building Official or their representatives are hereby authorized to approve a Temporary License Agreement for a period not to exceed four (4) days. Such Temporary License Agreement shall be substantially in the form approved hereby or in a form approved by the City Attorney. SECTION 3. This Resolution shall take effect immediately upon its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of August , 1994. AGG05A36 TEMPORARY LICENSE AGREEMENT This Temporary License Agreement (this "Agreement") effective as provided herein (the "Effective Date"), is between the City of University Park, a municipal corporation (the "City"), and Zad Roumaya, Pro Golf Discount, (the "Licensee"). RECITALS WHEREAS, the Licensee desires to place, install, and maintain a free standing tent and merchandise, ("The Improvements") in the right-of-way of city-owned property in front of 4320 Lovers Lane in Dallas County, Texas, as more specifically designated on Exhibit "A" hereto, for the purpose of display and sale of merchandise on the property of the Licensee; and WHEREAS, the City desires to grant License the privilege to place and maintain "The Improvements" in the right-of-way upon the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the city and License agree as follows: GRANT OF LICENSE 1.1 License '~o Maintain Certain Articles in Right-of-way. The City hereby licenses and authorizes the Licensee at all times during the term of this Agreement to place, install, and maintain "the Improvements" in the right-of-way, described in Exhibit "A" attached, for the use, comfort, and convenience of its customers, employees, servants, agents and invitees, subject to the terms and conditions contained in this agreement. 1.2 Exclusive Use. The Licensee may place, install, and maintain in the right-of-way "The Improvements" described in Exhibit "A" to be used exclusively for the purposes of the Licensee's business. II. CONDITIONS PRECEDENT AND TERM 2.1 Prior Plan. With this Agreement, the Licensee hereby submits to the Building Official and the Director of Public Works of the City plans for the placement, arrangement, and installation of "The Improvements" in the right-of-way, Exhibit "A". 2.2 Review by City. The Building Official or his representative and the Director of Public Works or his representative shall review the plans and make modifications to the plans as EXHIBIT "A" they, in their sole discretion, consider reasonably necessary or appropriate. 2.3 Approval. This Agreement and the rights and obligations hereunder shall be considered fully executed and approved when the last of either the Building Official or his representative or the Director of Public Works or his representative has approved the plans. The Licensee agrees to place, arrange, or install "The improvements" onto the right-of-way according to the approved plans. The Licensee shall not place, arrange, or install any articles onto the right- of-way before the plans have been approved. The City retains the right to remove any article or articles placed onto the right-of-way at any time and retains the right to modify or amend the plans at any time after the execution of this Agreement, upon reasonable notice to the Licensee, such notice informing the Licensee of the purpose and reasonableness of the modification(s) or amendment(s). 2.4 Term. The term of the license granted by this Agreement shall commence on the 18th day of August, 1994, and shall terminate on the 21st day of August, 1994. III. INDEMNIFICATION AND INSURANCE 3.1 Liabilities. Losses. or Damages. Licensee agrees to indemnify and save harmless the City from any liability or damages the City may suffer as a result of claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorneys' fees, arising out of the use, maintenance, or operation of"The Improvements" installed by the Licensee. 3.2 Period Covered. The indemnity provided by this Agreement will extend from the date of this Agreement to the Termination of this Agreement. 3.3 Expenses, Attorneys' Fees, and Costs. If the City, in the enforcement of Paragraph 2.3 of this Agreement, shall incur necessary expenses, or become obligated to pay attorneys' fees or court costs, the Licensee agrees to reimburse the City promptly for such expenses, attorneys' fees, or costs after receiving notice from the City of the incurring of such expenses, costs, or obligations. 3.4 Interest. The Licensee agrees to pay the City interest at the rate ofTen Percent (10%) per annum on any necessary expenses or costs incurred by the City in the enforcement of Paragraph 2.3 of this agreement, or on any sum that the City is obligated to pay with respect to the matters for which indemnity is given in this Agreement, from the date such expenses or costs are incurred, or such sums are paid. 3.5 Notice of Claim Against. The City agrees to give the Licensee prompt written notice of any claim made against the City on the obligations indemnified by the Licensee hereunder. 2 3.6 Limitation on Liability. The City and the Licensee agree that the provisions of Article II of this Agreement shall not in any way limit the liability of the Licensee for it negligence in the use of City right-of-way, nor shall approval of the plans by the Building Official and the Director of Public Works incur any additional liability to the City or any liability for the negligence of Licensee or its agents or employees. 3.7 Insurance. The Licensee agrees to carry and maintain insurance during the entire term of this agreement as follows: A. Public Liability Insurance in amounts not less than those established as maximum recovery limits recoverable against the City under the Texas Civil Practice and Remedies Code. Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas and shall name the City as additional insured. Certificates evidencing such insurance contracts shall be deposited with the Risk Manager for the City. The policy limits provided in the Agreement shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and Remedies Code and under the laws of the State of Texas relation to Workers' Compensation Insurance, as applicable. IV. ASSIGNMENT 4.1 Nonassignable. This License is personal to the Licensee. It is nonassignable and any attempt to assign this License will terminate the License privileges granted to Licensee under this Agreement. GENERAL PROVISIONS 6.1 Governing Law.. This validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the laws of the State of Texas. 6.2 ~. No amendment, supplement, or waiver of this Agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by all parties. 6.3 Waiver. A failure or delay of the City to enforce at any time any of the provisions of this Agreement, or to exercise any option that is provided in this agreement, or to require at any time performance of any of the provisions of this Agreement, shall in no way be construed to be a waiver of such provision of this Agreement. 6.4 Entirety of Agreement. This Agreement constitutes the entire Agreement between the City and the Licensee and supersedes all previous agreements, promises, representations, whether written or oral, between the City and the Licensee with respect to the subject matter of this Agreement. 6.5 Heading. The article and section headings in this Agreement are for convenience only and do not constitute part of this Agreement. 6.6 l~q~!~3_e,B~lI. Nothing expressed or referred to in this Agreement is intended or shall be construed to give any person, firm, or entity, other that the City or the Licensee, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provisions in this Agreement. It is the intention of the City and the Licensee that this Agreement, the assumption of obligations and statements of responsibilities herein, and all conditions and provisions of this Agreement are for the sole benefit of the City and the Licensee, and for the benefit of no other person, firm, or entity. 6.7 Notice. Any notices or other communications required or permitted to be given under this Agreement, unless otherwise specifically provided, shall be deemed given if sent by first-class mail, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. If to the City: City Manager City of University Park 3800 University Blvd. Box 8005 University Park, TX 75205-0005 If to the Licensee: Zad Roumaya Pro Golf Discount 4 IN WITNESS WHEREOF, the City and the Licensee, each acting through it respective duly authorized representative has caused this Agreement to be signed in their names and delivered as of the date first above written. This Agreement shall be effective on the last date signed below. CITY OF UNIVERSITY PARK 3800 University Blvd. University Park, TX~ 7520~ Printed Name: F. B, "Pete" Goldman Title: Mayor Date: ~- ~- 9~/' Printed Name: ~'~4 x/~6 Title: Date: 5 PRO GOLF DISCOUNT TENT SALE THURSDAY, AUG 18 - SUNDAY, AUG 21 LOVERS LANE GRASS FIELD OCCUPY SIDEWALK AND :~ SPACES S IDEW ALK S IDEW ALK PP, O GOLF DISCOUNT SALON TENT SPECS: STRETCHED WHITE AWNING 20'W IDE X 1 O' DEEP NO DRILLING INTO PAVEMENT SECURED BY WATER BARRELS 2 HOUR SETUP AND TEARDOYN PRODUCER NOEL/GREAVES Incorporated 3100 Monticello, #300, LB 5 Dallas. TX 75205 INSURED CERTIFICATE OF INSURANCE iSSUE DA,E,MM,DD,YY, 7/'22/94 [ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO-R-M~,T[ON-0t~[~f-,i~ND ICONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE-COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Dallas Pro Golf Discount, Inc. 4320 Lovers Lane COMPANYLETTER D Dallas TX 75225 COMPANYA LETTER Fidelity & Casualty of NY COMPANY LETTER B Niagara Fire Insurance Co. COMPANY C LETTER COMPANY E LETTER Fidelity & Casualty of NY COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LIMITS CO TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LTR TCP06118884 1!/29/93 11/29/94 GENERAL AGGREGATE $ 2000000 A GENERAL LIABILITY PRODUCTS-COMP/DP AGG. $ 2 0 0 0 0 0 0 X COMMERCIAL GENERAL LIABILITY PERSONAL & ADV. INJURY $ 1 0 0 0 0 0 0 CLAIMS MADE X OCCUR. EACH OCCURRENCE $ i 0 0 0 0 0 0 OWNER'S & CONTRACTOR'S PROT. FIRE DAMAGE (Any one fire) $ 5 0 0 0 0 MED. EXPENSE (Any one person) $ 5 0 0 0 1000000 B AUTOMOBILE LIABILITY CLP 05200623 11 / 29 / 93 1 i / 29 / 94 COMBINED SINGLE $ LIMIT ANY AUTO BODILY ~NJURY $ ALL OWNED AUTOS (Per person) SCHEDULED AUTOS BODILY INJURY $ X HIRED AUTOS (Per accident) X NON-OWNED AUTOS GARAGE LIABILITY PROPERTY DAMAGE $ EACH OCCURRENCE $ EXCESS LIABILITY UMBRELLAFORM OTHER THAN UMBRELLA FORM AGGREGATE STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND DISEASE--POLiCY LIMIT $ EMPLOYERS' LIABILITY DISEASE--EACH EMPLOYEE $ E OTHER TCP06118884 11/29/93 11/'29/94 CONTENTS 80%COINS. BUSINESS INTERR. DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPEClAL ITEMS RE: 4320 LOVERS LANE. DALLAS. TEXAS 75240 $250,000 R/C $150,000 $1,000 DEDUCTIBLE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ]. r, ~3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR A~ RE~ ENT-~'-~'E-- -77--~--'"J~ ...... --~ .... --7~-~;W'''~ ........... ; - ACORD 25.S (7/90) RESOLUTION NO. 94-12 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, ESTABLISHING FEES, RATES AND CHARGES FOR ~OODS AND SERVICES PROVIDED BY THE CITY; REPEALING RESOLUTION NO. 93-8 AND ~?.?. PRIOR RESOLUTIONS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas, has heretofore imposed reasonable fees, rates and charges for municipal services in Resolution No. 93-8; and WHEREAS, the City Council has determined that the fees established therein are inadequate in some respects, require additions, and should be reestablished in a current resolution; and WHEREAS, the fees, rates and charges of the City have heretofore been established by ordinance or are authorized by the University Park City Code or by this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the fees, rates and charges set out in the Master Fee Schedule attached hereto as Exhibit "A" and made part hereof for all purposes be, and they are hereby, adopted as the fees, rates and charges authorized for the municipal services they describe. SECTION 2. That Resolution No. 93-8 and all prior resolutions in conflict herewith are repealed hereby, and all amendments to Resolution 93-8 as contained herein and in any prior resolution amending Resolution No. 93-8 are incorporated herein specifically. SECTION 3. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED and approved the 2nd~y of August, 1994. ATTEST CITY SECRET~RY APPROVED AS TO FORM: CITY ATTORNEY TABLE OF CONTENTS I. A~ministrative Services 1. Health permit 2. Council chamber rental 3. Permit to vend frozen dairy food products 4. Permit to paint house numbers on streets 5. License for dogs and cats 6. Returned check charge 7. Photocopy charges II. Building and Zoning 1. Building permit 2. Mechanical permit 3. Registration of mechanical contractor 4. Plumbing and electrical permits 5. Plumbing contractor registration 6. Sign permits 7. Planning and Zoning Commission and Board of Adjustment hearings filing fees 8. Real estate and tax inquiries 9. Electrician contractor registration 10. Drainage 11. Registration of license to install automatic fire-extinguishing systems 12. Registration of irrigator contract 13. House moving permit 14. Temporary and mobile home moving permit III. Utilities 1. Water meter security 2. Reconnection following cut-off after non-payment of water bills 3. Emergency water cut-off service 4. Examination and test of meters 5. Meter rereads 6. Water service 7. Conservation surcharge 8. Sewer service 9. Commercial and business sewer service 10. Service to Southern Methodist University 11. Utility service construction fees IV. Public Safety and Judicial 1. Impounded vehicles 2. Wrecker service 3. Ambulance service 4. Solicitor's license 5. Commission for private guards 6. Impoundment fees for animals 7. Reserved 8. Reserved 1 1 1 1 1 1 2 2 3 3 4 4 4 5 5 5 5 6 6 6 6 7 7 7 7 8 8 9 9 9 10 10 11 11 11 11 11 11 VI. Sanitation 1. Residential garbage collection 2. Commercial garbage collection 3. Brush and tree limbs removal 4. Appliances and furniture removal 5. Liquid waste transport 6. Yard waste bags 7. Transfer station fees Parks and Recreation 1. Park reservations 2. Tennis courts 3. P.A. system for pavilion 4. Parks and playing fields reservations for filming 5. Playing fields reservations 6. Swimming pool 7. Swimming lessons 8. Sports clinics in the park 9. Park reservation and rental 12 12 13 13 13 13 13 14 14 14 14 15 15 16 16 17 I. ADMINISTRATIVE SERVICES 1. ~ealth permit (Ch. 6, Sec. 3) An annual fee of one hundred and seventy-five dollars ($175.00) will be collected from each food service establishment for a health permit issued by the City Secretary and thereafter for the renewal of such permit. 2. Council chamber rental (Ch. 1, Sec. 15) (1) Community-related qroups which serve the youth or elderly shall be allowed the use of the premises for ten dollars ($10.00) daytime use (8:00 a.m. to 5:00 p.m.) and twenty dollars ($20.00) for after 5:00 p.m. to 11:00 p.m. use. (2) Ail other qroups shall pay twenty-five dollars ($25.00) per daytime use and fifty dollars ($50.00) for after 5:00 p.m. to 11:00 p.m. use. 3. Permit to vend frozen dairy food products (Ch. 4, Sec.l.1) Applicants for a permit to vend frozen dairy products will be charged a fee of twenty-five dollars ($25.00) for investigation. The fee shall not be prorated and shall be paid at the time application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. 4. Permit to paint house numbers on streets (Ch. 4, Sec.l.2) A fee of twenty-five dollars ($25.00) for investigation shall be charged to any person applying for a permit to paint house numbers on streets. The fee shall not be prorated and shall be paid at the time the application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. 5. License for doqs and cats (Ch. 2, Sec. 8) The owner of each dog or cat more than four (4) months old in the city shall obtain a license for such dog or cat from the city manager or his designee. At the time of application for such license, the owner shall present a certificate of vaccination as specified in the City Code, and pay a licensing fee of ten dollars ($10.00) for each altered dog or cat and twenty dollars ($20.00) for each unaltered dog or cat. 6. Returned check charqe (Res. 93-16) The maximum charge permitted under Texas law will be imposed by the City for the collection of checks returned by the banks for the lack of funds when such checks are used in payment to the City for deposits or obligations legally owed by the issuer of the said returned checks. The Director of Finance will add the returned check charge to the other obligations owed to the City by the issuer of the returned checks. The Director of Finance, with the approval of the City Manager, may waive such charge if the City was negligent in the cashing of the check or if special circumstances deem the waiver as appropriate; however, in all cases of a waiver complete records must be made of the reason for the waiver. 1 7. ~hotocop¥ charaes (Admin. Or. FNC-13) (1) The charge for photocopies up to 8.5" x 14" will be $1.00 for the first page and $.10 for each additional page. (2) The charge to reproduce documents larger than 8.5" x 14" will be the actual cost incurred by the City in obtaining the reproductions. (3) The charge to reproduce documents stored on microfilm will be $2.00 per page. (4) The charge to retrieve information from mainframe computer data storage banks will be computed at the rate of $25.00 per hour of operator time for information requested in a standard City report form and $125.00 per hour for information requested in a non-standard format. EXCEPTIONS: (5) The charges in the above section do not apply to official publications normally offered to the public free of charge. (6) Copies of the complete University Park Zoning Ordinance may be purchased for $10.00. (7) Address labels printed from the City's mailing list are available to nonprofit organizations for a fee of $100.00. ADDITIONAL CHARGES: (8) Requests requiring more than 1/2 hour of search and preparation time will be subject to an additional fee to cover processing costs. The fee will be computed at the rate of $25.00 per hour. II. BUILDING AND ZONING 1. Buildinq permit. (Ch. 3, Sec 1) (1) New construction fees: Residential: building area sq. ft. 1000 or less 1001 - 1250 1251 - 1500 1501 - 1750 1751 - 2000 2001 - 2250 2251 - 2500 2501 - 3000 3001 - 3500 3501 - 4000 4001 - 4500 4501 or greater permit fee $ 800.00 $1000.00 $1200.00 $1400.00 $1600.00 $1800.00 $2000.OO $2400.00 $2800.00 $3200.00 $3600.00 $3,600.00 + .80 per sq.ft. Nonresidential: $ 0 - $ 350,000 $ 350,000 - $1,000,000 $1,000,000 or greater 1% of value $3,500.00 + .75% of value over $350,000 $4,875.00 + .5% of value over $1,000.00 (2) Occupancy type ALL Additions, alterations, and repair fees: Valuation $ 0 - 50o 501 - 1000 1001 - 2500 2501 - 5000 5001 or > Permit fee $ 2o. oo $ 30.00 $ 40.00 $ 50.00 1% of value 2. Mechanical permit (Ch. 3, Sec. 11) (1) Fees for new construction: Type of occupancy Building area in sauare feet Residential: 1000 or less 1001 - 1250 1251 - 1500 1501 - 1750 1751 - 2000 2001 - 3500 3501 - 4500 4501 or > Mechanical $ 20.00 $ 35.00 $ 5o.oo $ 65.00 $ 80.00 $ 95.00 $110.00 $120.00 Nonresidential: 0 - 250 250 - 500 500 - 100,000 100,000 or > $ 10.00 $ 20.00 $ 20.00 + .02/sq.ft. $500.00 + .015/sq.ft. (2) Fees for additions, alterations, and repairs: Type of occupancy ~ Mechanical Ail $ 0 - 500 501 - 1500 1501 - 3000 3001 - 10,000 10,001 or > $10.00 3% of valuation $15.00 + 2% of valuation $45.00 + 1% of val. $95.00 +.5% of val. 3. Reqistration of mechanical contracto~ The registration fee for a mechanical contractor shall be twenty- five dollars ($25.00). 4. Plumbinq and electrical permits (Ch. 3, Sec. 10, Sec.12) Cost of permit The fees for plumbing and electrical permits shall be set forth as follows: (1) Fees for new construction: Type of Building area occupancy square feet Residential 1000 - 1250 1251 - 5000 1501 - 1750 1751 - 2000 2001 - 3500 3501 - 4500 4501 or > Permit fee $ 20.00 $ 35.00 $ 50.00 $ 65.o0 $ 95.00 $110.00 $120.00 Nonresidential 0 - 250 251 - 500 501 - 100,000 100,001 - or more $ 10.00 $ 20.00 $20.00 + .02/sq.ft. $500.00 + .015/sq.ft. (2) Fees for additions, alterations and repairs: Type of occuDancv Valuation Permit fee Ail $ 0 - 500 501 - 1500 1501 - 3000 3001 - 10,000 10,001 or > $10.00 3% of valuation $15.00 + 2% of val. $45.00 + 1% of val. $95.00 + .5% of val. 5. Reqistration of plumbinq contractor It shall be required that all plumbing contractors register with the City. The registration fee shall be twenty-five dollars ($25.OO). 6. Sian permits (Ch. 12, Sec. 1, I) (1) A sign permit shall not become valid until the applicant has paid to the City the appropriate fee according to the following schedule: Type sian All Valuation ~ermit fee $ 0 - 500 $ 20.00 501 - 1000 $ 30.00 1001 - 2500 $ 40.00 2501 - 5000 $ 50.00 5001 or more 1% of value (2) An investigation fee shall be collected in addition to the permit fee whenever any sign for which a permit is required has been installed, replaced or altered without first having obtained a permit. The investigation fee shall be two (2) times the amount of the permit fee and shall not exceed two hundred fifty dollars ($250.00). The investigation fee shall be collected even if a permit is not issued. 7. Filing fee for the Planning and Zoning Commission and Board of Adjustment hearings (Zoning Ordinance/Res. 82-3) The fees to be paid by applicants who request a hearing before either the Board of Adjustment or the Planning and Zoning Commission shall be one hundred fifty dollars ($150.00) per application. 8. Real estate and tax inauiries (Res. 85-9) Information relative to real estate description or tax matters shall not be given out over the telephone to any commercial establishment by employees of University Park. All inquiries in regard to real estate descriptions, tax searching status, etc., shall be presented in writing to the City and the City shall make a three dollar ($3.00) charge for each item requested. 9. Registration of electrician's license (Ch. 3, Sec. 10) The fees for licensing of qualified electricians and electrical contractors shall be payable to the City of University Park as set forth in the following table. The period for payment of fee shall begin on January 1st and end December 31st of the same calendar year. No inspection permit will be issued, nor work authorized to permit the applicant thereof to enter into a contract for or do any installation, maintenance or repair of any electrical work unless such person has paid his annual registration fee as required by this subsection. License Annual Fee Electrical Contractor Master Electrician Journeyman Electrician $75.00 $2o.o0 $10.00 10. Drainage fee (Ch. 3, Sec. 1! In lieu of the option available an paragraph (iv) of Chapter 3, Section 1, Subsection C, Part 18c of the City Code, a monthly drainage fee may be paid. If the amount of impervious area exceeds that allowed in paragraph (i) of the above referenced part of the City Code, the monthly drainage fee shall be calculated as follows: Unit or standard lot size Unit impervious area Minimum monthly fee (any district) Maximum monthly fee (any district) 6000 sq. ft. 3600 sq. ft. $ 4.5o $ 22.50 Drainage Factor (D.F.) Single family = Basic unit District Coefficient (D.F.) Single family SF-A, D-i, D-2, MF-1, MF-2, MF-3 Ail others 0.4/0.4 1.0 0.6/0.4 1.5 0.9/0.4 2.25 Formula for monthly fee: Imp. area (saftl X Lot size (saftl x D.F. X $4.50 3600 6000 In all calculations, the fee shall not exceed $22.50 per month. (vi) All funds collected from drainage fees shall be set aside in a special fund to be used only for drainage related improvements. 11. Reoistration fee for license to install automatic fire- extinouishina systems (Ch.4, Sec. 3.C) The fee for registration of a license shall be $25.00 for Fire Sprinkler Contractor. 12. Irrigation code--registration of contractor (Ch. 3, Sec. 22) It shall be required that any irrigation contractor register with the City. The registration fee shall be twenty-five dollars ($25.0O). 13. House movina permit (Ch. 3, Sec. 17) (1) The applicant shall pay a fee of twenty-five dollars ($25.00) to the building official for the movin~ permit. (2) The applicant shall pay a fee of forty-five dollars ($45.00) per hour for each city employee and vehicle that is Deeded tO escort house out of or to another location in University Park. There shall be a minimum of four (4) hours, plus one (1) hour of travel time inclusive before and after structure movement. If employee(s) has to return at another time or date, mover shall also pay for additional escort and/or travel time as deemed necessary by building official. (3) Ail fees shall be paid to the building official at the time of application for moving permit. If escort personnel have to return, all new escort fees will be paid before house, building, or structure is to be moved. 14. Moving temporary and mobile homes (Ch. 3, Sec. 17) The fee for the issuance of a permit for the movement of a mobile or temporary home within the city limits of the City of University Park shall be five dollars ($5.00). III. UTILITIES 1. Water meter security (Ch. 11, Sec 2) (1) Before water service is furnished to a consumer at any address, the consumer shall be required, upon making application for such service, to deposit with the manager of the utility office, deposits amounting to the following for each meter: (a) For 5/8" and 1" meter, or smaller, rental units $ 65.00 (b) For 5/8" and 1" meter, or smaller, homeowner occupied $ 35.00 (c) For meters larger than 1", a minimum of $ 75.00 (d) Hydrant meter (refundable) $750.00 (e) Hydrant meter installation fee $ 40.00 (2) In the case of large apartments or business institutions, the manager of the utility office may require a deposit equal to three times the average monthly bill on such premises. 2. Reconnection followinq cut-off for nonpayment of water bills When water is cut off from any consumer or from any premises on account of nonpayment for water and sewer services furnished, the manager of the utility office shall not permit the water or sewer services to be furnished to said premises or consumer until the full amount delinquent, the ten (10%) percent penalty, and a collection or reconnection charge of twenty dollars ($20.00) is paid. Such amount shall be paid at the utility office if reconnected during normal office hours. 3. Emerqenc¥ water cut-off service Whenever any consumer, owner or occupant of premises shall request the city to cut off his water service at the meter for his convenience or due to the fact that his stop and waste or house cut off is either nonfunctional or cannot be found, then the manager of the utility office shall add a service fee to his bill of fifteen dollars ($15.00) for each cut off. 4. Examination and test of meters (1) Any consumer shall have the right to demand that the meter through which water is being furnished be examined and tested by the waterworks for the purpose of ascertaining whether it is or is not registering correctly, the amount of water which is being delivered through it to such consumer; provided, that when such consumer desires to have any meter so examined and tested, such consumer shall make application therefor in writing to the manager of the utility office, and shall deposit with such application the amount charged for various sizes: (a) For testing any size up to a 1" meter - $10.00 (b) For testing any meter larger than 1" - $15.00. 5. Meter rereads Any consumer who feels that their measured water consumption is excessive may request that the meter be reread. Two (2) free re- reads are allowed within each calendar year and any in excess will be charged ten dollars ($10.00), unless there has been an error on the part of the city, or the meter is faulty. 6. Tater service (Ch. 11, Sec. 3) (1) The following water rates are hereby established and shall be collected by the manager of the waterworks and sewerage department within the city. The minimum monthly rates for all metered water service shall be as follows: 1. For 5/8" or 3/4" meter $ 7.50 2. For a 1" meter $ 8.25 3. For a 1 1/2" meter $ 10.70 4. For a 2" meter $ 13.35 5. For a 3" meter $ 15.90 6. For a 4" meter $ 26.15 7. For a portable meter $120.00 (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 thirty-five cents ($2.35) per thousand or any portion thereof, except the rate to be charged to Southern Methodist University shall be two dollars and thirty-five cents ($2.35) per thousand (1,000) gallons of water used. (3) Any duplex or multi-family dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant. All single family units shall pay a minimum charge for each meter but such minimum shall provide for a usage of 2,000 gallons per meter. 7. ~onservation surcharqe (June - November billings) During the six (6) summer months, each water meter except those for Southern Methodist University, shall be subject to a monthly surcharge/conservation charge for all consumption in excess of 11,500 gallons. SMU meters shall be subject collectively to a monthly surcharge/conservation charge 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-five cents ($0.65) per thousand (1,000) gallons for all excess consumption. 8. ~ewer service (Ch. 11, Sec. 4) (A) The following sewer service charges are hereby established: (1) The sewer charge for each s~ngle family, duplex or multi- family dwelling shall be included in the water bill and calculated as follows: (a) Ail sewer charges are based on the use of water passing through the water meter or meters. All single family units, having more than one meter, shall have the usage of meters added together for the purposes of this section; however, if separate bills are rendered for a lawn sprinkler such consumption shall not be considered for sewer charges. (b) Any duplex or multifamily dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant, and any usage over the minimum shall be averaged over each unit of the dwelling as though each unit consumed the water the average indicates. (c) Any duplex or multifamily dwelling having individual water meters for each unit shall be treated, for sewer billing purposes, as though each were a single family dwelling. (d) There shall be a fourteen dollars ($14.00) minimum sewer 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 be billed at two dollars and ten cents ($2.10) per 1,000 gallons per month per unit for the sewer fee. 9. For each business or commercial establishment of any nature, plus public institutions such as schools and churches: (1) A fourteen dollars ($14.00) minimum up to two thousand (2,000) gallons of water used per month; and (2) Two dollars and ten cents ($2.10) per one thousand (1,000) gallons of water used per month, but that the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceding October, November, December, January, February, and March adjusted for lawn, swimming pool and metered cooling tower use. 10. For service to Southern Methodist University, two dollars and ten cents ($2.10) per one thousand (1,000) gallons of water used per month, but that the monthly charge for the period April through March shall be based on the average ~mount of water used during the immediately preceding October, November, December, January, February and March adjusted for lawn, swimming pool and metered cooling tower use. 11. Schedule of utility service construction fees (Ch. 11, Sec.5) For services performed by the city as denoted in this Chapter, the following charges will be made: Installation of a one inch (1") water meter 900.00 Installation of a sewer tap $ 900.00 Installation of a one inch (1") water meter and sewer tap in a single excavation $1,300.00 Removal of an existing water meter and/or sewer tap per excavation $ 800.00 The price for the installation of water meters greater than one inch (1") and excavations in other than the alley will be determined by the city, based on the size, location, current costs and specifications. 9 IV. PUBLIC SAFETY AND JUDICIAL 1. Vehicles imDounded by order of Chief of Police (Ch 1, Sec.23) (1) Actual cost as charged by the designated wrecker service providing the impoundment plus a $20.00 administratio~ fee. (2) For ~ a vehicle - $10.00 per vehicle per day, after the first twenty-four (24) hour period. (3) For el~9_~_~ a vehicle - $10.00. (4) For DreDarinq advertisement for sale - $5.00. (5) For Dewspaper advertisement.- the actual cost as charged by the designated city publication. 2. Wrecker service fees (Ch. 10, Sec. 24) (1) A designated wrecker company or another emergency wrecker company authorized by the chief of police to render specific service in a specific emergency shall charge the following fees for towing vehicles with a light-duty wrecker: (a) Forty-five dollars ($45.00) for towing a vehicle from a point within the city to another point within the city, to the city pound, or to a point inside Highland Park. (b) Forty-five dollars ($45.00) for towing a vehicle from a point within the city to a point inside LBJ Freeway and north of Interstate 30. (c) Fifty-five dollars ($55.00) for towing a vehicle from a point within the city to a point inside LBJ Freeway and south of Interstate 30. (d) Seventy-five dollars ($75.00) for towing a vehicle from a point within the city to a point within Dallas County outside LBJ Freeway and north of Interstate 30. (e) Seventy-five dollars ($75.00) for towing a vehicle from a point within Dallas County outside of LBJ Freeway and south of Interstate 30. (f) Twenty-five dollars ($25.00) for performing a service which do.s not require that a vehicle be towed, including but not limited to adding fuel, prying a bumper from a tire, or other similar services. (g) Twenty dollars ($20.00) for using dollies in addition to other allowable charge. (h) For towing a vehicle from a point within the city to a point not listed in paragraphs (a) through (f) of this subsection, twelve dollars and fifty cents ($12.50) plus one dollar and fifty cents ($1.50) per mile or fraction thereof. (i) Forty dollars ($40.00) per hour of recovery time, such time to begin fifteen (15) minutes after the light-duty wrecker has arrived on the scene, and to end when the vehicle is ready to be towed. 10 Rates for fractions of an hour are based on quarter hour increments. (2) The rates specified in paragraphs (a) through (i) in this subsection, shall be doubled for heavy-duty wreckers. In addition to the specified rates for towing, a designated wrecker company is authorized to charge ninety dollars ($90.00) per hour for recovery time, such time to begin when the heavy-duty wrecker arrives on the scene, and to end when the vehicle is ready to be towed. Rates for fractions of an hour are based upon quarter hour increments. 3. Ambulance (MICU) (Ch. 1, Sec. 18) Mobile intensive care service fee A fee of two hundred and forty dollars ($240.00) shall be charged per trip per person for the transportation by Mobile Intensive Care Unit of a person or persons to a hospital providing emergency medical attention within the boundaries of Dallas County. In all cases, whether one (1) person or more than one (1) person is transported in the same M.I.C.U., the per trip charge applies to each individual. 4. Solicitors investiqation (Ch. 4, Sec. 1) A fee of fifty dollars ($50.00) for investigation of persons wanting to peddle, sell, solicit, canvass, or take orders for any services, wares, merchandise, or goods shall be charged which shall not be prorated and shall be paid at the time application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. 5. Commission for private quards (Ch. 4, Sec.2) Each individual receiving a private guard commission shall pay a fee of fifty dollars ($50.00). 6. Impoundment fees for animals (Ch. 2, Sec. 8) The city manager or his designee shall collect a fee of thirty dollars ($30.00) for the impoundment of any animal prior to the release of such animal, if such animal has been impounded for a period of less than seventy-two (72) hours. If the animal has been impounded for observation for rabies and held for ten (10) days, the city shall collect a fee of one hundred twenty-five dollars ($125.00), and an additional fee of ten dollars ($10.00) per day if such impoundment is for a period in excess of ten (10) days. 7. Reserved 8. Reserve~ 11 V. SANITATION 1. Residential aarbaae collection (Ch. 6, Sec. 1) The city shall charge the following sums per month for its services in removing garbage and trash from residences, two-family houses, and apartment houses, as follows: Single family dwelling Two-family dwelling, per unit Apartments, per unit (on residential route) Apartments, per unit (on commercial route) Carryouts, each unit $12.60 $12.60 $12.60 $ 6.40 $46.20 2. Commercial qarbaqe collection (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, where containers have been placed at any of such establishments, sanitation charges based upon the following schedule: Collections per week # of containers 1 2 3 4 2 $ 67.92 106.69 126.14 $155.17 3 89.26 135.80 170.72 211.45 4 110.59 164.89 217.26 270.61 5 135.80 197.88 261.92 325.01 6 161.00 242.55 294.92 361.87 5 6 7 8 2 $184.20 213.23 242.17 $271.30 3 252.19 292.91 333.65 379.28 4 323.95 377.30 430.64 483.98 5 388.06 451.13 514.20 577.26 6 428.83 495.78 562.75 629.71 (2) 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 pickups are the basis for such calculation. 12 3. Brush and tree limbs which are too bulky to be tied in bundles shall be stacked on the parkway to be picked up. An extra charge shall be assessed for this service on the regular billing as follows: Manual pickup Mechanical pickup (less than one-half truckload) Mechanical pickup (one-half truckload) Mechanical pickup (full truckload) $ 7.50 $40.00 $6o.0o $8o.oo 4. The city shall charge the following sums for the removal o~ appliances, furnit~ and other larqe items: Range, refrigerator $15.00 Washer, dryer, window air conditioner, water heater, sofa, bed etc. $10.00 These items shall be placed on the parkway and will be picked up on a "call-in" basis only. 5. Liquid waste transport (Ch. 6, Sec. 5) The city shall not issue a liquid waste transport permit (as specified in Chapter 6, Section 5 of the City Code) to an applicant until the appropriate established fee is paid. A person shall pay a fee of two hundred and forty dollars ($240.00) for the first vehicle and one hundred and seventy dollars ($170.00) for each additional vehicle operated by the person. Each permit must be renewed annually. 6. Yard waste baqs (Res. 94-7) The city shall sell biodegradable yard waste bags for seventy-five cents ($.075) each to individuals. A discounted price may be set for sale of the bags by the city to retail establishments or other organizations which intend to resell the bags to end users. 7. Transfer station fees (Res. 94-7) Effective July 1, 1994, the following fees shall be assessed for use of the city's solid waste transfer station: (1) University Park residents driving passenger cars, pickups, and single-axle trailers to haul refuse shall not be charged. A valid Texas driver's license is required as proof of residency. (2) Non-residents driving passenger cars, pickups, and single-axle trailers to haul refuse: $40.00 per load. (3) Non-residents driving pickups, vans, panel trucks, and single- axle trailers to haul refuse: $40.00 per load. (4) Non-residents driving trucks or multi-axle trailers with a cargo bed length of 15 feet or less to haul refuse: $75.00 per load. 13 (6) Non-residents driving trucks or multi-axle trailers with a cargo bed length of more than 15 feet and equal to or less than 25 feet to haul refuse: $100.00 per load. Non-residents driving trucks or multi-axle trailers with a cargo bed length of more than 25 feet or truck tractors with semi-trailers to haul refuse will not be accepted at the transfer station. VI. PARKS AND RECREATION 1. Park reservations (Ch. 1, Sec. 19) Rental of Goar Park pavilion: (1) Residents of U.P. may use the pavilion for personal use of twenty dollars ($20.00) per hour during the daytime (9:00 a.m. to 5:00 p.m.), and for thirty dollars ($30.00) per hour for evening use (5:00 p.m. to 11:00 p.m.). (2) Ail other qrouDs who use the pavilion for personal use, except those specified in the following section, shall pay forty dollars ($40.00) per hour for daytime use, and sixty dollars ($60.00) for evening use. (3) Ail applicants that desire to use the facility for business, commercial, or professional qatherinas may apply for the use of said pavilion for daytime hours between 9:00 a.m. and 5:00 p.m., and if such application is approved, the applicant shall pay the City Secretary seventy-five dollars ($75.00) per hour, but the applicant may make no charges nor collect any money of any kind or character from any person whatsoever. 2. Tennis courts Ail qualified residents of the City of University Park, upon making application with the Utilities Office, may secure an annual tennis permit. Such permit shall be numbered and coded as to indicate the time of its validity. The charge shall be as follows: Individual permit Family permit Children under 12 Persons over 65 40.00 80.00 7.50 7.5o 3. p.A. system for pavilion There shall be a forty-five dollar ($45.00) charge if installation of a public address system is required by the person renting the pavilion. 4. Parks and playinq fields reservations for filminq Commercial use of any and all park facilities (including tennis courts and Goar Park Pavilion) for filming, photographing, etc., shall carry a charge of seventy-five dollars ($75.00) per hour, plus a damage and clean up deposit of two hundred and fifty dollars ($250.0O). 14 5. Pla¥inq fields reservations Reservation card: Bona fide residents who are interested in making playing field reservations shall buy an annual reservation card from the reservations clerk for a fee of ten dollars ($10.00). 6. ~wimminq pool (1) Ail residents of University Park, nonresident owners of property in University Park, and residents of the Highland Park Independent School District (RPISD) who are not residents of University Park, six (6) years of age or older upon making application in person to the Utilities Office, may secure annual permits to swim in the pools. The charge for these permits shall be as follows: ao Resident of University Park before pool opens after pool opens 35.00 40.OO Nonresident owners of property in University Park before pool opens after pool opens 35.00 4O.OO Ce Residents of the HPISD who are not residents of University Park before pool opens after pool opens $ 75.00 $100.00 de Senior citizens (over age 60) who are residents of University Park before pool opens after pool opens 25.00 25.OO If an immediate family of more than four (4) purchases more than four (4) permits at one time, each permit in excess of four (4) shall be sold at half price. (2) Ail day care centers, located in University Park, may purchase an annual pass for teachers and students six (6) years and under. Such annual pass shall be three hundred dollars ($300.00) per swimming season, incumbent upon the teacher ratio being five (5) students per teacher and that the time limitation on the students in limited to the hours between 10:00 a.m. and 3:00 p.m. (3) A member of group defined in subsection (1) above may secure permission for quests to use pool~ by paying attendants of the gate a cash fee of four dollars ($4.00) for each guest each time each guest uses the pool. (4) A member of a group defined in subsection (1) not owninq an annual permit may use the swimming pool upon presentation of identification and paying a charge of four dollars ($4.00) per person for each time the pool is used. 15 (5) Lost permit identification card If the photo identification card issued with the annual pool permit is lost, a duplicate may be secured from the Utilities Office for ten dollars ($10.00). (6) Use of pool by children under six years of aqe Children under six (6) years of age who are members of a group defined in subsection (1) above or guests of a member of a group defined in subsection () above may use any of the pools without charge when accompanied by a parent or guardian sixteen (16) years of age or older at all times. If the parent or guardian desires to enroll such child in one of the swimming instruction classes, a ten dollar ($10.00) enrollment fee shall be paid for the child. (7) Persons who may accompany children to small pools All adults accompanying small children to small pools in bathing attire must pay a two dollar and fifty cent ($2.50) guest fee or purchase an annual pool permit. 7. Swimmina lessons (b) Enrollment fee of ten dollars ($10.00) shall accompany the application for admission to a swimming class. The absence of anyone enrolled in a class three (3) times in succession shall forfeit the right to continue in the class. In the event that a person's name is dropped from class roster because of being absent three (3) times in succession, an additional enrollment fee of five dollars ($5.00) will be charged when application is made for the re-enrollment in any other class. 8. park--sports clinics Any individual or group wishing to use a park or playing field to conduct a sports clinic as a profit-making venture shall reserve the park or playing field by filling out the appropriate application forms an the Park Department office and pay a fee of twenty dollars ($20.00) per hour for each hour the clinic is scheduled to be operated in the park or on the playing field reserved. If, after the conduct of the clinic is completed, the number of hours during which the park or playing field was actually in use exceeds the fee paid, the applicant shall be liable and responsible to pay the additional fee in the Park Department office within five (5) days after completion of the clinic. If the actual number of hours is less that the fee paid, the applicant shall receive a pro rata refund. The application forms and all fees must be in the park office at least one (1) week before the clinic is scheduled to begin. 16 9. park reservation fees Any organized group not sponsored by the City and having special features (i.e., pony rides, petting zoos, bounce machines, port-a- johns, tents, etc.) that wishes to use a park, must make a reservation with the Parks Department, must make a two hundred fifty dollar ($250.00) refundable deposit, and must pay a rental fee according to the following schedule: 1 - 25 people 26 - 99 people 100 - 199 people 200 - 299 people 300 - and up $ 25.00 $100.00 $200.O0 $3oo.00 $5OO.OO Groups of twenty-five (25) or less that wish to reserve a park but will not use special features do not have to make a deposit. Baseball fields may also be reserved for an additional fee of fifty dollars ($50.00). 17 RESOLUTION NO. 94 - 1~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION NO. 94-10 TO APPOINT ROY KULL AS A FULL MEMBER OF THE BOARD OF ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT: Resolution No. 94-10 is hereby amended to appoint Roy Kull as a full member of the Board of Adjustment. Mr. Kull will replace Kell Williard who resigned. The appointment term of Mr. Kull shall be coterminous with the term of the City Council or until a successor is named. PASSED AND APPROVED this the 2nd day of August, 1994. ATTEST: CITY SECRETARY RESOLUTION NO. 9 4-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, CALLING A PUBLIC HEARING ON A PROPOSED INCREASE IN TOTAL TAX REVENUES; PROVIDING FOR THE GIVING OF NOTICE OF THE PUBLIC HEARING ON TAX INCREASE; SCHEDULING A PUBLIC HEARING TO ADOPT A TAX RATE; PROVIDING NOTICE OF THE VOTE ON THE TAX RATE; ADOPTING A SCHEDULE FOR SE'l-rING OF A TAX RATE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the provisions of the Texas Property Tax Code require adoption of a tax rate for the current tax year; and WHEREAS, Section 26.05 of the Property Tax Code requires notices and public hearings to adopt a tax rate that exceeds 103% of the effective tax rate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The City Council anticipates adopting a tax rate for the current tax year as soon as practicable after September 1, 1994. SECTION 2. The effective and roll back tax rates have been published as required by law and submitted to the City Council. That it is the intent of the City Council to consider a tax rate which exceeds 103% of the effective tax rate. It is therefore necessary to call a public hearing on the proposed increase and publish a Notice of Public Hearing on Tax Increase as required by Sections 26.05 and 26.06 of the Texas Property Tax Code. That pursuant to those Sections, the Notice of Public Hearing on Tax Increase, attached hereto as Exhibit "A" and made part hereof for all purposes, is hereby adopted and the City Manager is directed to cause the same to be published in the City's official newspaper in a size not smaller than one quarter page of standard size or tabloid size page, with the headline of the notice to be in eighteen point or larger type. SECTION 3. The public hearing is scheduled for September 6, 1994, at 5:00 p.m. in the Council Chamber at 3800 University Boulevard, University Park, Texas. Notice is to be given before the 7th day before the date of the public hearing. The hearing will be conducted on a weekday that is not a public holiday. The hearing will be held inside the boundaries of the City in a publicly owned building. At the hearing, the City Council will afford adequate opportunity for proponents and opponents of the tax increase to present their views. SECTION 4. At the public hearing on September 6, 1994, the City Council will announce the date, time, and place of the meeting at which it will vote on the proposed tax rate increase, which will be September 14, 1994, at 7:30 a.m. in the conference room on the 1st floor of the City Hall at 3800 University Boulevard, University Park, Texas. That a separate notice of the vote on the tax rate will be published not less than 3 nor more than 14 days prior to the vote on the tax rate, in the form required by law. SECTION 3. This Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 17th day of August, 1994. APPROVED: ATTEST: CITY SECRETARY CITY ATTORNEY (RLD/ckh 8-11-94) AGG05B47 10 Aug 94 NOTICE OF PUBLIC HEARING ON TAX INCREASE The City of University Park will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll in 1993 by 1.06 percent. Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property. The public hearing will be held on Tuesday, September 6, 1994 at 5:00 PM at Council Chamber, 3800 University Blvd, University Park, TX. FOR the proposal: AGAINST the proposal: PRESENT and not voting: ABSENT: The statement above shows the percentage increase the proposed rate represents over the effective tax rate that the unit published on Thursday, August 11, 1994. The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year. Again, your individual taxes may be higher or lower, depending on the taxable value of your property. Average home value General exemptions available (amount available on the average home, not including senior citizen's or disabled person's exemptions) Average taxable value Tax rate (per $100) Tax LAST YEAR $311,000 THIS YEAR $332,000 $62,200 $66,400 $248,800 $265,600 0.496200 0.477340 $1,234.55 $1,267.82 UNDER THIS PROPOSAL TAXES ON THE AVERAGE HOME WOULD INCREASE BY $33.27 OR 2.69 PERCENT COMPARED WITH LAST YEAR'S TAXES. COMPARING TAX RATES WITHOUT ADJUSTING FOR CHANGES IN PROPERTY VALUE, THE TAX RATE WOULD DECREASE BY $0.018860 PER $100 OF TAXABLE VALUE OR 3.80 PERCENT COMPARED TO LAST YEAR'S TAX RATE. THESE TAX RATE FIGURES ARE NOT ADJUSTED FOR CHANGES IN THE TAXABLE VALUE OF PROPERTY. NTCS-17 EXHIBIT "A" RESOLUTION NO. 94-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT FOR PARTICIPATION IN A PUBLIC FUNDS INVESTMENT COOPERATIVE (THE"COOPERATIVE"), DESIGNATING THE BOARD OF DIRECTORS OF THE COOPERATIVE AS AN AGENCY AND INSTRUMENTALITY TO SUPERVISE THE COOPERATIVE, APPROVING INVESTMENT POLICIES OF THE COOPERATIVE, APPOINTING AUTHORIZED REPRESENTATIVES AND DESIGNATING INVESTMENT OFFICERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the "lnterlocal Act"), permits any "local government" to contract with one or more other "local governments" to perform "governmental functions and services," including investment of public funds (as such phrases are defined in the Interlocal Act); and WHEREAS, the Interlocal Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code; and WHEREAS, the Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreement; and WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas Government Code, as amended (the "PFIA"), authorizes the entities described in Subsection (a) of the PFIA to invest their funds in an eligible public funds investment pool, under the terms and conditions set forth in PFIA; and WHEREAS, the City of University Park desires to enter into that certain Interlocal Agreement (the "Agreement"), a copy of which is presented with this Resolution and is incorporated herein by reference, and to become a participant in a public funds investment pool created thereunder and under PFIA, to be known as Local Government Investment Cooperative (the "Cooperative"); and WHEREAS, the City of University Park is a Government Entity as defined in the Agreement; and WHEREAS, the City of University Park desires to cause administration of the Cooperative to be performed by a board of directors (the "Board"), which shall be an administrative agency created under the Interlocal Act; and WHEREAS, the City of University Park desires to designate the Board as its agency and instrumentality with authority to supervise performance of the Agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of this Agreement; and WHEREAS, each capitalized term used in this Resolution and not otherwise defined has the same meaning assigned to in the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. approved and adopted The Agreement attached hereto as Exhibit "A" is hereby and, upon execution thereof by an Authorized Representative (defined below) and receipt of the City's application to join the Cooperative by the Administrator, the City shall become a Participant in the Cooperative for the purpose of investing its available funds therein from time to time in accordance with its terms. SECTION 2. The Board is hereby designated as an agency and instrumentality of the City, and the Board shall have the authority to supervise performance of the Agreement and the Cooperative, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement. SECTION 3. The investment policies of the Cooperative, as set forth in the document entitled Investment Policies, as summarized in the Information Statement, and as may be amended from time to time by the Board, are hereby adopted and incorporated as additional investment policies of the City with respect to money invested in the Cooperative, and any existing investment policies of the City in conflict therewith shall not apply to investments in the Cooperative. SECTION 4. The following officers, officials or employees of the City are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to: execute the Agreement, an application to join the Cooperative and any other documents required to become a Participant; deposit money to and withdraw money from the City's Cooperative account from time to time in accordance with the Agreement and the Information Statement; and take all other actions deemed necessary or appropriate for the investment of funds of the City: Signature: ~~. Printed Name: T. Robert Livingston Title: Signature: Printed Name: Title: Ci~ Manager Robert E. Hicks Finance Director Signature: Printed Name: Kent Austin Title: Assistant City Manager Signature: (~~)~-~ ~'~~c,,~ -- Printed Name: Judy Coffman Title: Accounting Supervisor in accordance with Cooperative procedures, an Authorized Representative shall promptly notify the Cooperative in writing of any changes in who is serving as Authorized Representatives. SECTION $. In addition to the foregoing Authorized Representatives, each Investment Officer of the Cooperative appointed by the Board from time to time is hereby designated as an investment officer of the City and, as such, shall have responsibility for investing the share of Cooperative assets representing funds of the City. Each depository and custodian appointed by the Board from time to time are hereby designated as a depository and custodian of the City for purposes of holding the share of Cooperative assets representing funds of the City. SECTION 6. This Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of September , 1994. APPROVED: A'I-FEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 7-26-94) CITY SECRETARY Interlocal Agreement THIS INTERLOCAL AGREEMENT (together with any amendments and supplements, referred to as this "Agreement") dated as of April 4, 1994 is made and entered into by and among each of those government entities initially executing this Agreement and any other government entity that is eligible and becomes a party hereto (collectively, the "Participants"). WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the "Interlocal Act"), permits any "local government" to contract with one or more other "local governments" to perform "governmental functions and services," including investment of public funds (as such phrases are defined in the Act); WHEREAS, the Interlocal Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code; WHEREAS, the Interlocal Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreement; WHEREAS, the Public Funds InVestment Act, Chapter 2256 of the Texas Government Code, as amended (the "PFIA") authorizes the entities described in Subsection (a) of the PFIA to invest their funds in an eligible public funds investment pool; WHEREAS, each of the Participants qualifies as a government entity under this Agreement; WHEREAS, the Participants desire to establish and maintain a public funds investment pool for the purpose of pooling their local funds for joint investment in accordance with the Interlocal Act and PFIA and the terms hereof and providing assistance to each other on investment alternatives and on qther issues of concern to the Participants; WHEREAS, the Participants desire that the public funds investment pool be entitled Local Government Investment Cooperative (the "Cooperative") and the Cooperative be managed and operated by a board of directors, which shall be an administrative agency created under the Interlocal Act; WHEREAS, each of the Participants has duly taken all official action necessary and appropriate to become a party to this Agreement, including the adoption of a resolution; -I- 270158.06 EXHIBIT "A" NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, the Participants mutually agree as follows: ARTICLE I Defin{t;ions and Rules of Construction Section 1.01. Definitions. Except as otherwise provided in this Agreement, the capitalized terms used herein shall have the following meanings unless the context otherwise requires: Account - any account established by a Participant. Additional Party Agreement - a document substantially in the form attached hereto as an Appendix which, when attached to a copy of this Agreement and executed by an Authorized Representative of a Government Entity, constitutes a valid and binding counterpart of this Agreement and results in the Government Entity becoming a party to this Agreement. Admin/strator - The Trust Company of Texas, or any other person, firm or organization approved by the Board and under contract to provide administrative assistance in connection with the management and operation of the Cooperative. Adviser - The registered investment advisor or advisers selected by or at the direction of the Board to provide advice regarding investment of Cooperative assets. pursuant to this Agreement and subject to applicable law. Author/zed Investments - those investments which are authorized from time to time to be purchased, sold and invested in under PFIA or other applicable law and further defined in the Investment Policies. Authorized Representative- an individual authorized to execute documents and take other necessary actions, pursuant to this Agreement, on behalf of a Government Entity or other person, firm or organization, as evidenced by a duly adopted resolution or bylaw of the governing body of such Government Entity or other person, firm or organization, a certified copy of which is on file with the Administrator. In the case of a Government Entity that is a combination of p~litical subdivisions under the Act, the Authorized Representatives of any administrative agency appointed by such combination of political subdivisions shall be deemed to be Authorized Representatives for such Government Entities. Board - the governing body of the Cooperative, known as The Board of Directors of Local Government Investment Cooperative. Bylaws - with respect to the initial Participants, the proposed bylaws of the Board presented to them, and after creation of the Board, its bylaws, as the same may be amended from time to time, subject to the requirements of this Agreement. -2- 270158.06 Cooperative - the public funds investment cooperative created pursuant to this Agreement. Custodian - the person selected by or at the direction of the Board to have custody of all money, investments and other assets of the Cooperative pursuant to this Agreement and subject to applicable law. General Manager - Southwest Securities Group, Inc., or any other person, firm or organization which has contracted with the Board to provide general management services to the Board. Government Entity - a local government of the State of Texas, as defined in the Interlocal Act or a state agency, as defined in Section 771.002 of the Government Code, including but not limited to an incorporated city or town, a county, a public school district, a district or authority created under art. III, Section 52(b)(1) or (2) of the Texas Constitution, or art. XVI, Section 59 of the Texas Constitution, an institution of higher education as defined by Section 61.003 of the Education Code, a hospital district, or a fresh water supply district. Information Statement- the information statement or any other document distributed to Participants and potential Participants to provide them with a description of the management and operation of the Cooperative, as the same may be amended from time to time, subject to the requirements of this Agreement. Interlocal Act - the Interlocal COoperation Act, Chapter 791 of the Texas Government Code, as the same may be amended from. time to time. Investment Officer - one or more officers or employees of the Board designated as investment officers by the Board. Investment Policies the written Investment Policies adopted and approved by the Board governing investment and management of Cooperative assets of different Portfolios, as the same may be amended from time to time, subject to the requirements of this Agreement. "Marketing Representative"- Broker Transac.tion Services, Inc. or any other person, firm or organization authorized by the Board to promote the Cooperative. Participants - the Government Entities that are the initial parties to this Agreement and the Government Entities which subsequently become parties to this Agreement. PFIA the Public Funds Investment Act, Chapter 2256, Texas Government Code, as the same may be amended from time to time. Portfolio - a portfolio of assets in the Cooperative which are held separate from other assets of the Cooperative and which are invested with a defined investment 270158.06 -3- objective which may be different from other Portfolios in the Cooperative, and in which a Participant may elect to invest its funds. S~a~e - the State of Texas. Unflm - equal proportionate units of undivided beneficial interest in the assets of the Cooperative or of any Por~;folio of the Cooperative from time to time, including fractions of units as well as whole units. Section 1.02 General Rules of Construction. (a) W'henever in this Agreement the context requires: (1) a reference to The singular number shall include the plural and vice versa; and (2) a word denoting gender shall be construed to include the masculine, feminine, and neuter. The titles given to any article or section of this Agreement are for convenience only and are not intended to modify the article or section. ARTICLE II Creation of the Cooperative; Purpose and Objective Section 2.01. Creation of the Board. (a) The initial Participants hereby agree to jointly invest their funds in a public funds investment pool, to be known as Local Government Investment Cooperative (the "Cooperative") and to create and establish a board of directors of the Cooperative (the "Board"), as an administrative agency pursuant to the Interlocal Act, to supervise the Cooperative. (b) The Participants delegate to the Cooperative through its Board, the authority to hold legal title to and manage all money, investments and other assets transferred to or acquired by the Cooperative pursuant to the Interlocal Act and this Agreement. (c) As an agency and instrumentality of the Participants, the Board shall have the authority to employ personnel, engage in other administrative activities and provide other administrative services necessary to accomplish the purpose of this Agreement. Section 2.02. Purpose and Objective. (a) The first purpose of the Cooperative is to provide Government Entities with a variety of investment vehicles to best suit their -4- 270158.06 investment needs, with each Portfolio tailored to meet a specific investment need. (b) The second purpose of the Cooperative is to provide Government Entities with a forum for discussion of, and to provide education concerning, investments and other issues of concern in public finance. In all cases, however, the Cooperative will have the following investment objectives in order of priority: safety of principal; liquidity in accordance with the operating requirements of the Participants; and the highest rate of return. (c) In order to accomplish the Cooperative's objective, each Participant agrees that the money transferred to a Portfolio within the Cooperative will be commingled with other money transferred to the Portfolio by other Participants for the purpose of making Authorized Investments, subject to the terms of this Agreement, the Investment Policies and applicable law, thereby taking advantage of investment opportunities and cost benefits available to larger investors. ARTICLE III Cooperative Administration Section 3.01. The Board and the Bylaws (a) The business and affairs of the Cooperative shall be managed by the Board as governing body of the Cooperative. (b) The Board is authorized to adopt Bylaws which shall set forth, among other things, the initial Board members, the procedures governing the selection of the members of the Board, the procedure for holding meetings, the election of officers, and other matters necessary or desirable for governance by the Board, and the right of the Board, the General Manager, and other consultants to be indemnified for damages arising from their actions in connection with the Cooperative. By executing this Agreement, the Participant consents to the Bylaws. By maintaining funds in the Cooperative after any amendment to the Bylaws becomes effective, the Participant consents to the Bylaws, as amended. The Board has the right to amend any term or provision of the Bylaws, provided that notice is sent to each Participant at least 30 days prior to the effective date of any change which, in the opinion of the Board, is a material change to the Bylaws. 270158.06 -5- Section 3.02. Powers and Duties of the Board. (a) Co) (c) Subject to applicable law and the terms of this Agreement, the Board shall have full and complete power to take all actions, do all things and execute all instruments as it deems necessary or desirable in order to carry out, promote or advance the investment objective, interests and purposes of the Cooperative to the same extent as if the Board was the sole and absolute owner of the Cooperative. (d) The Board shall adopt and maintain Investment Policies, consistent with the general objective of the Cooperative, which shall provide more detailed guidelines for investment and management of Cooperative assets. By executing this Agreement, the initial Participants consent to the proposed Investment Policies, and the subsequent Participants consent to the Investment Policies then in effect. By maintaining funds in the Cooperative after any amendment to the Investment Policies becomes effective, the Participant has consented to the Investment Policies, as amended. The Board shall, subject to the terms of this Agreement, have the authority to amend any term or provision of the Investment Policies, provided that notice is sent to each Participant at least 30 days prior to the effective date of any change which, in the opinion of the Board, will have a material effect on such Participant's investment in the Cooperative. The Board shall adopt and maintain Operating Procedures, which shall provide more detailed information on the procedures for depositing and withdrawing funds from the Cooperative. By executing this Agreement, the initial Participants consent to the proposed Operating Procedures, and the subsequent Participants consent to the Operating Procedures then in effect. By maintaining funds in the Cooperative after any amendment to the Operating Procedures becomes effective, the Participant has consented to the Operating Procedures, as amended. The Board shall, subject to the terms of this Agreem. ent, have the authority to amend any term or provision of the Operating Procedures provided that notice is sent to each Participant at least 30 days prior to the effective date of any change which, in the opinion of the Board, will have a material effect on such Participant's investment in the Cooperative. The Board shall designate one or more Investment Officers for the Cooperative who shall be responsible for the investment of Cooperative assets, provided that no person who is an officer or employee of a regional planning commission, council of governments or similar regional planning agency created pursuant -6- 270158.06 (e) (f) (h) (i) (j) (k) to Chapter 391 of the Government Entity Code of the State shall be eligible to serve as an Investment Officer. The Board shall prepare, or direct the preparation of an Information Statement that describes how the Cooperative will operate in accordance with the terms of this Agreement and the Investment Policies. Subject to the terms of this Agreement and the Investment Policies, the Information Statement may be amended or supplemented, notice of which will be provided to Participants in accordance with the disclosure requirements of PFIA. The Board shall, subject to the limitations established in the Investment Policies, have full and complete power and authority to appoint a general manager and any other service providers deemed necessary or helpful in the operation of the Cooperative. The Board shall provide, through peer review, seminars, computer mail systems, or other means, information and educational opportunities to Participants on investing and on other issues in the area of public finance. The Board shall have full and complete power to use, or direct the use of, Cooperative assets for the following purposes: (1) incur and pay any expenses which, in its opinion, are necessary or incidental to or proper for carrying out any of the purposes of this Agreement; (2) reimburse others for the payment thereof; (3) pay appropriate compensation or fees to persons with whom the Cooperative has contracted or transacted business; and (4) charge a Participant's Account for any special fees or expenses related specifically to transactions in such Account. The Board shall have full power to compromise, arbitrate, or otherwise adjust claims in favor of or against the Cooperative. The Board shall cause financial statements to be prepared and maintained for the Cooperative and for such statements to be audited annually by an independent certified public accounting firm. The Board may appoint a General Manager to perform managerial services for the Cooperative, provided that the Board shall continue to oversee the operation and management of the Cooperative and shall have the authority to direct the General Manager to take or not take specific action on behalf of the Cooperative. 270158.06 -7- (1) The enumeration of any specific power or authority herein shall not be construed as limiting the general power and authority of the Board over the Cooperative. Section 3.03. Liability. (a) Neither the Board, the Investment Officers, nor any officers, employees or board members of any of the forgoing shall be held liable for any action or omission to act on behalf of the Cooperative or the Participants unless caused by such person's willful misconduct. The Cooperative shall indemnify and hold harmless (either directly or ~hrough insurance) any person referred to in this Section, to the extent permitted by law, for any and all litigation, claims or other proceedings, including but not limited to reasonable attorney fees, costs, judgments, settlement payments and penalties arising out of the management and operation of the Cooperative, unless the litigation, claim or other proceeding resulted from the willful misconduct of such person. (b) Neither the General Manager, the Marketing Representative, the Administrator, the Adviser, the Subadviser, the Custodian, nor their affiliates, officers, employees or board members shall be held liable for any action or omission to ace on behalf of the Cooperative or the Participants unless such person failed to meet the standard of care required under its agreement relating to the Cooperative or acted with willful misconduct. The Cooperative shall indemnify and hold harmless (either directly or through insurance) any person referred to in this Section, to the extent permitted by law, for any and all litigation, claims or other proceedings, including but not limited to reasonable attorney fees, costs,judgments, settlement payments and penalties arising out of the management and operation of the Cooperative, unless the litigation, claim, or other proceeding is adjudicated to have resulted from such person's failure to meet the standard of care required under its agreement relating to the Cooperative or its willful misconduct. (c) The indemnification provisions are descr~i~bed in more detail in the Bylaws. ARTICLE IV Participation in the Cooperative Section 4.01. Eligibility. In order for a Government Entity to become a Participant and transfer money into the Cooperative, each of the following conditions must be satisfied: -8- 270158.06 (a) The Government Entity must adopt a resolution (1) authorizing it to become a Participant and approving this Agreement, (2) establishing the Board as an agency and instrumentality of the Participant to supervise the Cooperative, (3) approving the investment policies of the Cooperative (as amended from time to time by the Board) and directing that any conflicting local investment policies shall not apply to Cooperative investments of the Participant, (4) designating Authorized Representatives of the Participant, (5) designating the Investment Officers appointed from time to time by the Board as the Participant's investment officers who shall be responsible for investing the share of Cooperative assets representing local funds of the Participant, and (6) designating the depository and custodian appointed from time to time by the Board as the Government Entity's depository and custodian for purposes of holding the share of Cooperative assets representing funds of the Government Entity; and (b) The Government Entity must become a party to this Agreement by executing an Additional Party Agreement and delivering the same to the Cooperative, together with a certified copy of the resolution referred to in subsection (a) of this Section, an application in form and substance satisfactory to the Board, and such other information as may be required by the Board. (c) No entity except a Government Entity may be a Participant. The Board shall have sole discretion to determine whether a Government Entity is eligible under Texas law to be a Participant and to designate categories of Government Entities eligible to be Participants in any Portfolio of the Cooperative. Section 4.02. Participant Accounts. (a) While available local funds of Participants may be commingled for purposes of common investment and operational efficiency, one or more separate Accounts for each Participant in each Portfolio in the Cooperative designated by the Participant will be established in accordance with the Participant's application to join the Cooperative and maintained by the Cooperative. (b) Each Participant shall own an undivided beneficial interest in the assets in the Portfolios in which it invests, calculated as described in the Investment Policies. (c) The Participant agrees that all Cooperative fees shall be directly and automatically assessed and charged against the Participant's Account. The basic services fee shall be calculated as a reduction in the daily income earned and only the net income shall be 270158.06 -9- credited to the Participant's Account. Fees for special services shall be charged to each Participant's Account as they are incurred or performed. Use of Cooperative assets for fees shall be made from current revenues available to the Participant. Section 4.03. Reports. The Cooperative shall submit a written report a least once per month to each Participant. Such report will indicate: (1) the balance in each Account of a Participant as of the date of such report, (2) yield information, (3) all account activity since the previous report, and (4) other information required by PFIA. Section 4.04. Termination. (a) A Participant may withdraw all funds from an Account in accordance with the Investment Policies and Operating Procedures. A Participant may cease to be a Participant under this Agreement, with or without cause, by providing written notice to the Cooperative at least 10 days prior to such termination. (b) The Board may terminate a Participant's participation in this Agreement upon at least 30 days notice if Texas law changes so that such Participant is no longer entitled to join in an eligible public funds investment pool under PFIA, the Interlocal Act, or other applicable law. (c) Upon the vote of a majority of its full membership, the Board may order the termination of this Agreement by directing that all outstanding operating expenses of the Cooperative be paid and remaining assets of the Cooperative be distributed to Participants in accordance with their respective pro rata interests. ARTICLE V Cooperative As,sets Section 5.01. Cooperative Investments. Co,operative assets shall be invested and reinvested by the Cooperative only in Authorized Investments in accordance with the Investment Policies. Section 5.02. Custody. All money, investments and assets of the Cooperative shall be held in the possession of the Custodian. -10- 270158.06 ARTICLE VI MLscellaneous Section 6.01. Severability. (a) If any provision of this Agreement shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provisions contained herein or render the same invalid, inoperative or unenforceable to any extent whatsoever. Any participation in this Agreement or transfer of assets to the Cooperative that is not qualified for any reason shall not terminate this Agreement or the participation of other Participants or otherwise adversely affect the Cooperative. Section 6.02. Limitation of l~ghts. This Agreement does not create any right, title or interest for any person other than the Participants and any person who has a contract to provide services to the Cooperative, and nothing in or to be implied from this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under this Agreement. Section 6.03. Execution of Counterparts. This Agreement may be executed in several separate counterparts, including by Additional Party Agreement, each of which shall be an original and all of which shall constitute one and the same instrument. Section 6.04. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State. Section 6.05. Term. This Agreement shall have an initial term be~nning with the effective date set forth below and ending March 31, 1995 and shall be automatically renewed for one year on such date and each anniversary of such date, except with respect to any Government Entity that may have terminated itself as a Participant or as otherwise provided in Section 4.05. Section 6.06. Notices. Any notices or other information required or permitted to be given hereunder shall be sent: (a) to the Cooperative as set forth in the Information Statement, and (b) to a Participant as set forth in its application to become a Participant or as otherwise provided by written notice to the Administrator. Section 6.07. Entire Agreement; Amendments. This Agreement represents the entire agreement and understanding of the Participants. This Agreement may be amended with the approval of a majority of the full membership of the Board, provided that notice of any such amendment is sent to all Participants at least 60 days prior to the effective date thereof. 270158.06 -11- IN WITNESS WHEREOF the initial parties hereto have caused this AgTeement to be executed. Fort Bend County Name of Government Entity By: /s/ Kathy H.vnson Authorized Representative Kathy Hynson, County Treasurer Printed Name and Title Ci_ty of Wichita Fails, Texas Name of Government Entity By: /s/ Jim Berzina Authorized Representative , .Jim Berzina~ CiW Manager Printed Name and Title Additional Participant: City of Univeristy Park, Texas By: Name of Government Entity Authoriz ~_.~pre~sentative T. Robert Livingston, City Manager Printed Name and Title -12- 270158.06 Additionnl Party Agreement The Government Entity of the State of Texas named below, acting by and through the undersigned Authorized Representative, hereby agrees to become a party to that certain Interlocal Agreement to which this page is attached, and thereby become a Participant in the Local Government Investment Cooperative, subject to all of the terms and provisions of such Agreement. The undersigned hereby represents that it is a Government Entity as deft_ned in such Agreement. Executed this 6th day of September , 199__4. City of University Park, Texas Name of Government Entity By: Authorized Representative T. Robert Livingston, City Manager Printed Name and Title ACC~: Local Government Investment Cooperative LOGIC Administrator Patrick S. Shinkle - Vice President Printed Name and Title -13- 270158.06 RESOLUTION NO. 94-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING REPRESENTATIVES OF THE CITY TO TRANSMIT FUNDS TO THE TEXAS TREASURY SAFEKEEPING TRUST COMPANY FOR INVESTMENT IN TEXPOOL; AUTHORIZING OTHER ACTIONS BY THE CITY'S REPRESENTATIVES; DESIGNATING THE CITY'S REPRESENTATIVES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park, Texas, ("Participant") is a political subdivision of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds, to act as custodian of investments purchased with local investment funds; and WHEREAS, the Treasurer of the State of Texas, acting by and through the Texas Treasury Safekeeping Trust Company ("Trust Company"), has created "TexPool", a public funds investment pool, to effectuate the goals of providing investments at the highest possible yield and maintaining complete safety of the funds of the Participant; and, WHEREAS, the Participant hereby requests the following changes regarding the individuals authorized to act on behalf of the Participant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AS FOLLOWS; SECTION 1. That the City of University Park, Texas, has entered into a Participation Agreement and has established an account in its name with the Trust Company's Local Government Investment Pool, "TexPool", for the purpose of transmitting local funds for investment by the Trust Company in TexPool. SECTION 2. That the individuals, whose signatures appear on page 2 of this Resolution, are officers, employees, or authorized representatives of the Participant and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds: AGG05A38 A. Name Bob Livinqston Title City Manager Signature %3 ' B. Name Kent Austin T~e Assistant City Manager Signature ,~ D. Name Judy Coffman T~e Accounting Supervisor SECTION 3. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until the Trust Company receives a copy of any such amendment or revocation. SECTION 4. This Resolution shall take effect immediately from and after its passage as the law in such cases provides, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, at its regular meeting held on the 6th day September , 1994. APPROVED: APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 7-26-94) ATTEST: BOBBLE SHARP, CITY SECRE~I'ARY AGG05A38 RESOLUTION NO. 9 4-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING AN INTERLOCAL CONTRACT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, WITH FUNDING FROM THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, FOR A PROGRAM TO CHIP WOODY LANDSCAPE MATERIALS TO ENHANCE COMPOSTING EFFORTS AND REDUCE THE WASTE STREAM OF THE CITY; AUTHORIZING EXECUTION OF THE CONTRACT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments has contracted with the Texas Natural Resource Conservation Commission to provide pass through grant funds to implement projects designed to enhance regional solid wasted management by diverting waste from landfills; and WHEREAS, the City desires to utilize such funds for reduction of the waste stream and for the enhancement of the City's composting operation; and WHEREAS, it is necessary for the City to enter into a subcontract with the North Central Texas Council of Governments for the administration of the grant funds in accordance with the Local Government Code and the Solid Waste Disposal Fund; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City of University Park hereby approves the Interlocal Contract to be entered into by and between the City and the North Central Texas Council of Governments, a true copy of which is attached hereto as Exhibit "A" and made part hereof for all purposes, the same as if fully copied herein. SECTION 2. That the Mayor be, and he is hereby, authorized to execute the Interlocal Contract on behalf of the City of University Park. SECTION 3. That the City Manager be, and he is hereby, authorized to return a certified copy of this Resolution and a fully executed original of the Interlocal Contract to the North Central Texas Council of Governments, and to do and perform, by - AGG05AC1 and through his designated representative, all actions required by this Contract and the grant program. SECTION 4. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of September , 1994. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 8-3-94) CITY SECRETARY AGGOSAC1 Subcontract Number 50G04 Main Contract Number 4100000050 THE STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL CONTRACT THIS INTERLOCAL (INTERGOVERNMENTAL) CONTRACT ("Contract") is entered into by and between the Governmental Entities shown below as "Contracting Parties", pursuant to the authority granted and in compliance with the provisions of "The Intedecal Cooperation Act," Texas Government Code, Chapter 791. II. III. IV. CONTRACTING PARTIES: The Funding Agency: North Central Texas Council of Governments (NCTCOG) with fundinq from the Texas Natural Resource Conservation Commission (TNRCC) The Performing Party: [City of University Park] SERVICES TO BE PERFORMED: See "Attachment A - Scope of Services and Schedule of Deliverables". BASIS FOR CALCULATING REIMBURSABLE COSTS: See "Attachment B - Eligible Reimbursable Costs, Payment Procedures, and Additional Contract Provisions" CONTRACT AMOUNT: The total cost of services to be performed in conneCtion with this Contract is: Eighteen Thousand Nine Hundred and 00/100 dollars ($18,900.00). NCTCOG/TNRCC CONTRACT--ADDITIONAL CONTRACT PROVISIONS: See "Attachment C, Article 7/Exhibit C-2 - Additional Contract Provisions," which is part of the Interlocal Contract between the TNRCC and NCTCOG, and is fully applicable to the Performing Party under this Interlocal Contract. Subcontract Number: 50G04 Page 1 EXHIBIT "A" VI. ATTACHMENTS: Attachments A - D, inclucing Exhibits A-l, A-2, A-3, C-1 and C-2 are attached to this Contract and are hereby incorporated herein and made a part of this Contract for all purposes. VII. TERM OF CONTRACT: This Contract begins May 20, 1994, and terminates August 31, 1994. The FUNDING AGENCY (NCTCOG) certifies that it has authority to contract for the above services by authority granted in the "Regional Planning Act of 1965", Texas Local Government Code, Chapter 391; and the "lmerlocal Cooperation Act," Texas Government Code, Chapter 791. Funds from this subcontract are provided from the Solid Waste Disposal Fund. The PERFORMING PARTY certifies that it has authority to perform the services contracted for by authority granted in "The Intedocal Cooperation Act," Texas Government Code, Chapter 791. FUNDING AGENCY North Central Texas Council of Governments Authorized Sign'ature Mike Eastland (Printed Name) Executive Director Title PERFORMING PARTY City of University Park Au o~..~d ~ignature Bob Livingston (Printed Name) City Manager Title Date: September 6, 1994 Subcontract Number: 50G04 Page 2 ATTACHMENT A SCOPE OF SERVICES & SCHEDULE OF DELIVERABLES ARTICLE 1. WORK PROGRAM FOR REGIONAL SOLID WASTE MANAGEMENT PLAN IMPLEMENTATION PROJECT (a) The PERFORMING PARTY shall, through careful utilization and management of those funds provided under Attachment C, Article 1 of this Contract (relating to Authorized Budget for Plan Implementation Projects), complete and comply with those work programs, timelines, and project funding restrictions specifically included in Exhibit A-1 and Exhibit A-2 to this Attachment. ARTICLE 2. SOLID WASTE IMPLEMENTATION PROJECT (a) Under the Interlocal Agreement with the TNRCC, NCTCOG may utilize funds to implement recommendations, action plans, and priority projects identified in the adopted or proposed regional solid waste management plan for that planning region or identified as a state-level pdority in orc~ to achieve objectives and goals of the region and the state. Projects referred to under this Article may be conducted, all or in part, by NCTCOG or by other entities through subcontracts for services. The PERFORMING PARTY is a subco,ltractor to NCTCOG in this regard. NCTCOG has received specific authorization from the TNRCC for the actiVities under this subcontract as shown in Exhibit A-3. (b) The types of projects that may be authorized by the FUNDING AGENCY to be conducted include: Screening, Feasibility, And Implementation Studies (as defined in Section 363.067 of the Texas Health and Safety Code); before finalizing a work program for a screening, feasibility, or implementation study, the study manager and NCTC©G project manager shall consult with TNRCC staff concerning the proposed work program. Any study for a landfill-related facility must include consideration of an integrated approach, and not solely a landfilling operation. Furthermore, the studies may not include follow-on final design or engineering work, construction, or equipment purchases. Any of this type of follow-on work must be authorized by TNRCC as a separate project. Household Hazardous Waste Collection Programs. The purpose of these programs shall be to support local efforts to establish and operate safe, effective, and efficient household hazardous waste collection programs that will significantly reduce the amount of undesirable materials disposed of in municipal landfills or municipal waste incinerators; increase the public's awareness of the dangers inherent in the indiscriminate use, storage and/or disposal of various materials and products. Both new and existing programs may be funded under this activity. Any additional support provided to an Subcontract Number: 50G04 Attachment A, Page I existing program must be shown to expand or improve the existing program. Operation of permanent facilities is encouraged. However, funds shall not be used for the purchase of or an interest in land. Any collection, handling, storage, shipping, recycling, reclamation, and/or disposal of wastes must be in accordance with all applicable TNRCC rules and regulations regarding permits, site approvals, registrations, identification numbers, manifests and waste codes. Public Information And Awareness -- These projects may include a wide range of public information, awareness, and education activities dealing with solid waste issues. Programs may focu~ on a single important issue, or may cover a wide range of solid waste topics. The project shall be a distinct program, to be conducted for a particular purpose with a defined goal and time pedod, and with performance measures included. For example, a project under this category may entail printing and distributing a recycling brochure to a target audience. Project Design, Construction and Equipment Purchases -- These programs may include final design and engineering, ccnstruction of facilities, and purchase of equipment for projects related to recycling, reuse, waste mir, imization, composting, and other resource conservation and recovery activities. Such projects shall not include design, construction, or equipment for landfills, transfer stations, and other facilities pr¢~,'narily associated with solid waste disposal only. Funds shall also not be used for the purchase of land or an interes;. ;,', land. Other Activities -- These may include other projects and programs which aid in achieving vadous municipal solid waste management or recycling objectives, especially projects and programs that divert waste from landfills and address other major resource recovery and conservation goals of the state. Such projects could include litter abatement programs, used-oil filter collection, information exchange programs, etc. The TNRCC, upon recommendation from the NCTCOG, shall make the final determination as to whether the project is authorized under this Article. ARTICLE 3. REPORTING (a) Using the format provided by the FUNDING AGENCY, the PERFORMING PARTY shall provide quarterly written progress reports on the performance of this Contract documenting accomplishments and units of work performed under Article I of this Attachment A. The progress report shall be submitted within 10 days after the end of each quarter, so that NCTCOG may submit a consolidated report to TNRCC within 20 days. A bdef final progress report, on a form provided by the FUNDING AGENCY, shall be submitted prior to the final request for payment under this Contract, and not later than 30 days after the end of the contract period. The TNRCC may delay final payment under this Contract until the final progress report is received, as provided for under Paragraph (0 of Article 6 of Attachment C of this Contract (relating to Payment Request Procedures). (NOTE: Due to the delay in starting this pass-through grant contract, please refer to Attachment B, the Schedule of Deliverables of this contract for the dates of the required reports.) Subcontract Number: 50G04 Attachment A, Page 2 (b) The PERFORMING PARTY shall ensure that the quarterly progress report required under Paragraph (a) of this Article contains sufficient description of activities for the FUNDING AGENCY to ensure that the provisions of this Contract are being complied with. In particular, legal research and related legal activities shall be clearly detailed in the quarterly progress reports in order to assure the FUNDING AGENCY that the activities are not prohibited under Article 5 of Attachment C of this Contract (relating to Prohibited Activities). The PERFORMING PARTY shall comply with any reasonable request by the FUNDING AGENCY for additional information on activities conducted in order for the FUNDING AGENCY to adequately monitor the PERFORMING PARTY'S progress in completing the requirements of and adhering to the provisions of this Contract. Subcontract Number: 50G04 Attachment A, ;age 3 EXHIBIT A-1 PASSTHROUGH GRANT FORM 94-C.2 (Includes work program tasks, performance measures and timeline) (See attached) Tex~ N~tur:~l Resource Conservation Commission FORM 94-C.2 PASS-THROUGH GRANT AUTHORIZATION This form is to be used by COGs for obtaining written authorization from TNRCC to l~roceed wi~i~ 0ass-through gran~s. A separate form must be submitted for each project proposed for funding. Please i~rovide the following information: 2, 3. 4. Name of COG: Funding recipient: Total funding amount: Nor=h Central Texas City of Univerm2ty Park $ 18~900.00 Describe the purpose and benefits of the project: Purpose - to chip wood7 landscape material at point o~ collection. BenefiTs - 1) Substan=ial volume reduction. 2} Fewer ~rips ~o the compostfn$ facility. 3} Easier ~o incooperate chips into compose piles. &l Hul~t-uses for pre-separated chips. Describe any equipment (unit cost of 9500 or more, and all computer hardware and software) to be purchased with the funding and s~ate its cost: Vermeer 1.~_50 Chipper - $18,900.00 6. Work program and timeline Subcontract Number: 50G04 Exhibit A-l, Page 1 WORK PROGRAM GOAL: Implemen= an on-route chipping opera~ion to supplement brush opera~ions to enhance composting efforts. Initial Preparations for Chipping Operations. Task 1-Ac Procure Chinoer. (Chipper has been procured-Vermeer 1250) Performance Measure: Selected vendor was able to satisfactory demonstrate that objec=ive was met. Responsibilities: Sanitation Superintendent was responsible for bid specifications. Task I-B: Convert one 16 cubic yard o~:n tod dump. Complete) (Modifications Performance Measure: Field t~sCs indicate that modified open works satisfactory for chipping operations. Responsibilities: Garage welders made ~he required modlficacions. Modifications consisted of: (1) reenforcing sides; (2) fabricating roof: 3) extending tongue for trailer hitch: (4) adding safe~y chains; and (5) wiring for tail lights and :~rectional. Safe~¥ practices an4 ~rocedures. (Have been added ~o SOP) PQrformanoe Measure: Crew has satisfactory demonstrated knowledge of safe practices and procedures. Superintendent condu¢zed on proper use of chipper and safety ~raining. Crew issued appropriate safe~y devices. Chipper has been added ~o preventive maintenance program. Task 1-Dr Conduct ~ie%d testing to determine frequency of service~ ~evelop operator ef~icienc¥ and modify existin~ volume based fee structure. (in progress) ;erformance Measure: Sustain frequency.of service schedule and recoup costs. Responsibilities: Superintendent develops fees based on cost of providing service. Once finalized, fee schedule will require City council approval by a resolution =o the Code of City Ordnances and public notification and educazion. Task 1-Er Billing Procedures: (In place) Performance Measure: Service properly documented and customers billed accordingly. Responsibilities: Crew makes =icke= in duplicate of work cn Subcontract Number: 50G04 Exhibit A-l, Page 2 site. Copy provided to customer at time of collection. Second cody turned in for record keeping and billing purpo=es. Commence on route chfppin~ operations. Yard waste is currently being taken to BFI's Composting facility located at the City of Dallas' McCommas Bluff Landfill. Task 2-At Chippinq Opera.~ions: ~erformance Measure: Maintain frequency of service objectives, and accurate billing informs=ion. Responsibilities: Supervisory personnel monitor crew work habits, volume of chips begin generated and cos= of service objectives. ~ask 2-B: ConCinuinq public education: Citizen newsletter published city staff bilmonthly. Performance Measure: Customer compliance requirements. with set out Responsibilities: Costumer responsible for placing brush on parkway for collection an~ separating stumps from chippable branci,~s. Public a minimum of once annually during spring season. Task 2-c: Code Enforcement= Perf rmance Measure: Customer compliance requirements. wi:n set out Responsibilities: ~nvironmen=al Health Officer issue notice of violations and if necessary =icke~ customers for non-compliance with City Ordnances. PHASE III. Sustain =k[ppin~ operations. ~as~ 3-At Evaluate Chipping Performance Measure: Continued chipping operations. Responsibili~ies: Superintendent monitor on-going collections, for improvements. brush Subcontract Number: 50G04 Exhibit A-l, Page 3 PROGRAM SUMMARY NARRATIVE Phase 1: Initial Preparations to Begin Chipping Operations. 1. The chipper would be ordered and procured through bid process. 2. Public education would begin. Several media sources are available including two local newspapers, a cable channel, a citizen newsletter, water bill stuffings and one page mailers. A variety of media sources would be used over time as a matter of course. 3. One 16 cubic yard open top dump would be converted to an enclosed dump to facilitate chipping operations. 4. Description of duties, work perforraance and safety standards would be developed for incorporation into Standard Operating Procedures manual. Phase 2: Begin On Route Chipping Operations. 1. city ordinance would be enacted and public notified. 2. Personnel training would be conducted. 3. Chipping operations would begin. Operation would be supported with existing persorn,~l and ~quipment. 4. Brush would be collected on a scheduled route. 5. Chips would be commingled with other yard waste and transpo, ted to a regional composting facility. 6. A second 16 cubic yard open top would be converted to support this operation, if deemed necessary. 7.Periodic public education would continue. 8. Residents setting out brush not in complia~.ce with the city ordinance would be issued reminder notices. Phase 3: Continued Evaluation of Operations. Efficiency of operations would be continuously evaluated for possible operational improvements. Continued operations. TIMETABLE OF EVENTS Phase 1 Begins after notification of grant approval. Anticipate mid-February 94.start date. Time table for beginning public notification and implementing on route chipping operations would be tied to expected delivery date of chipper. Expect about a four month delivery date once bid is approved. This would be less if chipping units were readily available. Phase 2 Anticipate June 94 start date. Also, see narrative for timetable of events for Phase 1 above. Phase 3 Ongoing commencing with on route chipping operations. Subcontract Number: 50G04 Exhibit A-l, Page 4 TIMELINE FOR PASS-THROUGH GRA~ PROJECT FY 94 S 0 N D J F M A M J J A E C O E A E A P A U U U WORK PROGRAM ACTIVITY P T V C Procure Chipper X X X Convert 16 c.y. open top X Develop S&fe~y Procedures X X Conduct Field Tes=ing X X De=ermine Fre.~uency of Service, Fee Schedules, Operator efficiency Billing Procedures X Chipping Operations ~ X X X Continue Public Educationl X Code Enforcement X X X PP.~B Ev&luace Chipping Program X X Subcontract Number: 50G04 Exhibit A-l, Page 5 EXHIBIT A-2 PROJECT SUMMARY, WORK PROGRAM, PRELIMINARY BUDGET (NCTCOG is inserting the original application materials here) REGIONAL CONSISTENCY REVIEW The following project is being evaluated for consistency with the Regional Solid Waste Management Plan. (Applicant to fill out top part of this form). Regional Planning Agency: North Central Texas Council of Governments Applicant Organization: Project Name: 0t-z ]:oute b]:ush (woody ].at~dscape ma~:e]:±a[~) ch'ipp±n;¢ operal:±on Amount of Funds Requested: $ 20.000.00 FundinG Source sought for this Grant Application (check all that apply): SOUD WASTE FUNDS [] NCTCOG Solid Waste Passthrough Program State Solid Waste Funding [] Household Hazardous Waste Projects [] Clean City 2000 Program Composting Implementation [] Local Govt Solid Waste Enforcement [] Governmental (Institutional) Recycling [] Public Education Programs [] Curriculum Development Projects [] Recycling Market Development Grants Oil Fi~[er Recycling Implementation [] [] USED OIL FUNDS [] NCTCOG Used Oil Passthrough Program [] State Used Oil Passthrough Program DEC, GENERAL PROJECT SUMMARY INFORMATION For each project you are applying for, please fill out the following information: 1. Name of Regional planning agency: North Central Texas Council of G..o,.vernments Name of applicant organization: C¢t;¥ of UniYer~y Park Name of contact person: Kenneth Chance Tel. #:(_214) 987-5~51 of ect and State funds requested: (a) Total estimated cost of project ..................... $133,342.00 (b) Local match share of this project (Note: this item is not required for state funding) In-kind services estimated at ................... $ 113,342.00 Cash ..................................... $ (c) State funding requested i.e. (a) minus (b) ............. $ 20,000.00 Describe the purpose/objectives and benefits of this project a. Purpose/o~jective. To chip woody landscape material at point of collection b. Benefits: 1) Substantial volume reduction. 21 Fewer trips to the composting facility. 31 Easier to incooperate ch£ps into compost piles. 41 Multi-uses for pre-separated chips. Fill out attached budget form and list here any equipment (unit cost of $500 or more), and all computer software and hardware to be purchased with the funding, and state its cost. Develop a descriptive narrative listing the estimated phases or tasks of your wor.k. oroclram_, not to exceed 2 pages, and a timetable or timeline showing the estimated schedule of the project on a separate page if needed. See attachment 1 Subcontract Number: 50G04 fa' Reminder:a~ach Budget Form;Work Program& ~meline. Exhibit A-£, Page 2 BUDGET SUMMARY 1. Personnel/Salaries 2. Fringe Benefits $ 3. Travel 4. Supplies 5. Equipment Chipper 20, OOQ. OO 6. Contractual 7. Construction 8. Other Total Direct Charges (Sum of 1-8) 9. Indirect Charges Total Funding Requested (Sum of 1-9) What fringe benefit rate is being used? % What indirect charge rate is being used? % Below, please explain how your indirect charge rate is calculated: Subcontract Number: 50G04 Exhibit A-2, Page 3 EXHIBIT A-3 TNRCC CORRESPONDENCE AND APPROVAL (NCTCOG is attaching materials received from TNF~CC here) John Hall, Chairman P~m Reed, Commissioner Pel~g~y Garner. Commissioner Anthony Gril~sby, Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution May 17, 1994 Mr. John Promise, Director of Environmental Services North Central Te~s Council of Governments P.O. box 5888 Arlington, Texas 76005-5888 FY94 Pass-through Orant Authorization Contract #4100000050 Dear : Mr. Promise In accordance with Article 4 of Attachment B of your FY94 Solid Waste Grant Contract (TNRCC #4100000050), North Central Texas Council of Governments(NCTCOG) is authorized to proceed with issuing the pass-through grants outlined in the attached grant information forms, in amounts not to exceed the funding limits listed on the forms. For record-keeping and reporting purposes, the grants are assigned the following project numbers: Plan ImDle~en~ation'Proiect Grants: (Budgeted under Article 3 of Attachment B) 50G01 City of Grapevine $6,000 (Master Composter Program) 50G02 City of Grapevine $12,000 (Backyard Composting Film) 50G03 City of Forney (Recycling $11,550 Center Expansion) 50G04 City of University Park Operation) $18,900 (Woody Landscape Chipping 50G05 City of Forest Hill $6,260 (Yard Waste Diversion Program) Subcontract Number: 50G04 P ~ ~v 1~R7 A,,,:t;n T.-*.--,c 7R7! I.RfiR7 Exhibit A-3, Page 1 Page 2 JoP~. Promise, May 17 50G06 50G07 City of Euless Public Education) City of Euless $12,120 (Used Oil and Filter Disposal $22,840 (Recycling Program Expansion) You sh~.uld refer to the assigned project numbers above in all reimbursement requests, financial and progress reports, and other correspondence. This authorization, with the grant information forms attached, will be entered into your contract file. Any changes to the grant recipients, total funding amount, or major grant work activities will require additional authorization. In the event of any conflict between the pass-through granc provisions and the provisions of your main grant contract, che main consract provisions shall prevail. In particular, NCTCOG must ensure that the pass-through grants do not include prohibited activities, as outlined in the contract. If you have any questions concerning this authorization or the impi~mentation of this project, please contact your assigned plar~.er, Mr. Russell Holster, at (512) 239-6817. Sincerely, Daniel J. Eden, Director Waste Policy Division Attachments cc: Lisa Martinez, TNRCC Fiscal Management Division Doug McArthur, TNRCC MSW Gran~ Coordinator David Psencik, TNRCC MSW Accounting Lyrn%e Smith, TNRCC Waste Policy Division Subc:n~ract Number: 50G04 Exhibit A-3, Page 2 ATTACHMENT B - SCHEDULE OF DELIVERABLES ATTACHMENT B - SCHEDULE OF DELIVERABLES (Note - This general schedule is applicable to all subcontracts) PERFORMING PARTY FUNDING AGENCY Ongoing Conduct Scope of Services and provide deliverable items as specified under the specific scope of services for each program or activity Ongoing Provide information and support to PERFORMING PARTY to conduct Scope of Services Monthly Submit requests for payment on forms provided by NCTCOG by the 10th of the following month Mol';thty Process vouchers to TNRCC for payment: reimburse PERFORMING PARTY when payment received from TNRCC 07-10-94 08-31-94 Subn',,', first progress report and financial status report to NCTCOG Complete all required work elements as listed in Scope of Services 07-20-94 Submit consolidated report and financial status report to TNRCC 09-20-94 Submit final quarterly progress report and financial status report to NCTCOG 10-15-94 Submit final consolidated quarterly report and financial status report Subcontract Number: 50G04 Attachment B. Page 1 ATTACHMENT C ELIGIBLE REIMBURSABLE COSTS, PAYMENT PROCEDURES AND ADDITIONAL CONTRACT PROVISIONS ATTACHMENT C ELIGIBLE REIMBURSABLE COSTS, PAYMENT PROCEDURES AND ADDITIONAL CONTRACT PROVISIONS ARTICLE 1. AUTHORIZED BUDGET Total FUNDING AGENCY obligation, from funds provided by the Texas Natural Resource Conservation Commission from the Solid Waste Disposal Fee Fund, for expenses (costs) authorized under Article 1 of Attachment A of this Contract are as follows: Personnel/Salary$ ....................................... Fringe Benefits ............................................. Travel ......................................................... Supplies ....................................................... Equipment .................................................... $18,900.00 Construction ................................................. Contractual .................................................. Other ......................................................... Total Direct Costs ........................................ $18.900.00 Authorized Indirect Costs ............................. TOTAL PROJECT COSTS ............... $133,342.00 PERFORMING PARTY Share ..................... $114,442.00 FUNDING AGENCY Share .......................... $ 18.900.00 Subcontract Number: 50G04 Attachment C, Page 1 (c) (d) (e) ARTICLE 2. AUTHORIZATIONS REQUIRED In addition to the category-specific budgeted amounts set forth in Article 1 of this Attachment, the following requirements to expend funds available under this Contract are in effect: (a) Variance. A 15% variance is allowable by the FUNDING AGENCY for any one of the category-specific budgeted amounts as long as the total amount of the project remains the same. Any variance larger than 15% will require prior approval, in writing, by the FUNDING AGENCY. (b) Travel-Related Costs. All travel-related expenses, whether for in-state or out-of-state travel, shall be claimed (i.e, reported for reimbursement) at the same rates allowed by the PERFORMING PARTY for its employees or by the State of Te×as for its employees, whichever is less. Automobile mileage will be reimbursed at no more than 28 cents per mile; per diem will be for actual costs (lodging and meals) up to $80 per day per individual (maximum of $25 per day for meals and $55 per day for lodging). Unless specifically authorized in Attachment A of this Contract (relating to the Scope of Services), no out-of-state travel expenses shall be eligible for reimbursement unless such travel has been approved ahead of time, in writing, by the FUNDING AGENCY. All travel for which expenses are claimed must be in connection with the scope of work or services required under Attachment A of this Contract (relating to the Scope of Services). Equipment Expenditures. Unless specifically authorized in Article 3 of this Attachment (relating to Equipment), no purchases of eqUipment (items costing more than $500) shall be eligible for reimbursement under this Contract unless the procurement for such equipment is approved ahead of time, in writing, by the FUNDING AGENCY. This requirement for prior approval extends to equipment acquired or purchased by subcontractors. Contractual Expenditures. Unless already specifically authorized, by recipient name and do!~ar amount, under Attachment A of this Contract (relating to the Scope of Services), no subcontracting by the PERFORMING PARTY is allowed unless authorized ahead of time, in writing, by the FUNDING AGENCY. Other Expenditures. Unless specifically listed in or included under one of the pre- authorized "other" expense categories contained in Article 4 of this Attachment (relating to Other Expenditures), no reimbursement for "other" items or services shall be eligible under this Contract unless procurement for such items or services is approved ahead of time, in writing, by the FUNDING AGENCY. ARTICLE 3. EQUIPMENT (a) Subcontract Number: 50G04 Equipment items with a unit purchase cost of less than $500 are not listed in this Contract and are not subject to prior approval by the FUNDING AGENCY before being purchased. However, the FUNDING AGENCY will evaluate all equipment purchases which utilize grant funds to determine that such items legitimately serve to fulfill the scope and purpose of the grant. If equipment purchases do not legitimately serve to Attachment C, Page 2 fulfill the scope and purpose of the grant, then the FUNDING AGENCY will not reimburse the PERFORMING PARTY for such equipment purchases. (b) Title to equipment and any constructed fixtures acquired from funds provided under this Contract shall, throughout the term of this Contract, be in the name of the PERFORMING PARTY. Both parties agree that upon full performance of this Contract, title shall remain with the PERFORMING PARTY, provided however, that if this Contract is terminated, due to substantial failure by the PERFORMING PARTY to fulfill its obligations under this Contract, pursuant to Article 3 of Attachment C of the TNRCC Contract (relating to Termination), title and physical possession of all equipment and constructed fixtures shall, upon written notification from the EXECUTIVE DIRECTOR of the FUNDING AGENCY, be transferred in good condition and within five (5) days to the FUNDING AGENCY or any other party designated by the FUNDING AGENCY. (c) The following items of equipment are hereby authorized to be purchased or acquired under this Contract. Number of Items I Description Estimated t To~.ai Cost for Items I Item Cost I One (1) Vermeer 1250 $18,900.00 Chipper $ $ $ Equipment TOTAl_, $18,~00.00 ARTICLE 4. OTHER EXPENDITURES (a) "Other" expenditures set forth in Paragraph (d) of this Article and which are properly identified by the PERFORMING PARTY when requesting reimbursement for such items or services, are not subject to prior approval by the FUNDING AGENCY before being incurred. However, the FUNDING AGENCY will evaluate whether such "other" expenditures legitimately serve to fulfill the scope and purpose of the grant. (b) The PERFORMING PARTY shall provide to NCTCOG, who will attach to each State Supplemental Form 269a documentation indicating how the total "other" amount, to be reimbursed by the FUNDING AGENCY, is divided among the approved "other" expenditures subcategories. (c) If "other`' items or services do not legitimately serve to fulfill the scope and purpose of the grant, then the FUNDING AGENCY will not reimburse the PERFORMING PARTY for such items or services. Subcontract Number: 50G04 Attachment C, Page 3 (d) "Othe¢' expenditures, provided they directly support tasks required to be performed under this Contract, include: (2) (3) (4) (5) (6) (7) (8) postage; printing and reproduction; communication costs (telephone, fax, etc.); equipment repair and maintenance; extemal financial services related directly and exclusively to administration of this contract; books and reference materials; delivery services; and rental costs, provided such are necessary in order to perform the tasks required under this Contract and provided such costs are not covered or calculated under the "indirect costs" allowed under this Contract. ARTICLE 5. PROHIBITED ACTIVITIE,~ Unless authorization is specifically provided in accordance with the provisions of this Attachment or in accordance with Attachment A of this Contract (relating to the Scope of Services), the PERFORMING PARTY shall ensure that funds provided under this Contract are not used for the following activities, programs, or projects: (a) Duplication of Effort. Activities, projects, programs, studies, etc. that ovedap or provide duplicate funding for projects under other State funding programs are not authorized. If the PERFORMING PARTY believes that other program grant awards are inadequate to meet the needs of the region, the PERFORMING PARTY may request that the FUNDING AGENCY consider authorizing the project in accordance with the provisions of Attachment A of this Contract (relating to the Scope of Services). (b) Subcontract Number: 50G04 Solid Waste Disposal And Facility-Related Costs. Funds may not be used for final design and engineering costs, construction costs, operation costs, equipment costs, and other related costs for landfills, transfer stations, and other facilities or services predominantly associated with solid waste disposal only. If the PERFORMING PARTY believes that a certain project or activity defined under this Sub-paragraph, while possibly being associated with solid waste disposal, would also significantly enhance the PERFORMING PARTY'S ability to conduct other projects and programs that are authorized and defined as a priority under Attachment A of this Contract (relating to Scope of Services), the PERFORMING PARTY may request that the FUNDING AGENCY consider authorizing the project or activity in accordance with the provisions of Attachment A of this Contract (relating to the Scope of Services). The FUNDING Attachment C, Page 4 (c) (d) (e) AGENCY may authorize such project or activity if, in the opinion of the FUNDING AGENCY, the project or activity would significantly enhance the PERFORMING PARTY'S ability to conduct programs or projects that are defined as a priority under Attachment A of this Contract (relating to Scope of Services). Land Acquisition Costs. Funds may not be used to acquire land or an interest in land. Household Hazardous Waste Disposal. Funds may not be used for the costs of disposal of household hazardous waste. Le~Tislative and Lobbying7 Expenses. Any expenses (including legal expenses, staff time, travel, phone calls, telefaxs, etc.) that are related in any way to drafting legislation, lobbying for legislation, or other potitica! activities are not authorized. ARTICLE 6. PAYMENT REQUEST PROCEDURES (a) The PERFORMING PARTY, in order to obtain reimbursement for thcse expenditures authorized under this Contract, shall submit, no more frequently than once per month, information on the form provided by the FUNDING AGENCY (Exhibit C-1, Voucher Forms). In turn, NCTCOG must submit to ,ne TNRCC five copies of a legible and properly completed State of Texas Purchase Voucher (Comptroller of Public Accounts Form 74-112). Each NCTCOG submitted voucher shall be accompanied by a legible, properly completed and signed TNRCC Financial Status Report (State Supplemental Form 269a) which clearly indicates, for each Contract-contained budget category, expenditures or encumbrances for the period in question, NCTCOG's cumulative expenditures or encumbrances with respect to each budget category, and the balance remaining in each category following reimbursement of the amount being requested. Vouchers and State Supplemental 269a forms shall contain sufficient detail for audit thereof. Requests for payment by the PERFORMING PARTY shall be submitted to NCTCOG at: Director of Administration North Central Texas Council of Governments P.O. Box 5888 Arlington, Texas 76005-5888 (b) Because a different source of funds is being utilized under this Contract to pay for those tasks or services supporting solid waste implementation and local used-oil collection programs, separate payment request forms and financial status reports must be submitted separately. (c) To be eligible for reimbursement under this Ccntract, a cost must have been incurred within the time period indicated on the payment request form and either paid by the PERFORMING PARTY prior to claiming reimbursement from the FUNDING AGENCY or incurred by the last day of the time period indicated and subsequently paid out no later than 45 days past the end of the indicated time period. Subcontract Number: 50G04 Attachment C. Page 5 (d) (e) (0 (g) Requests for reimbursement to cover this and other subcontracts authorized under this Contract will be reported by NCTCOG, as a single total amount, on State Supplemental Form 269a under the category titled "Contractual." NCTCOG is required to attach to each State Supplemental Form 269a clear and complete documentation indicating how the total "Contractual" amount to be reimbursed by the TNRCC is divided among various subcontracts. In order to assure compliance with Sub-paragraph (5) of Article 5 of this Attachment (relating to Prohibited Activities) the PERFORMING PARTY shall, for any expenses for legal research or related legal activities, attach to the payment request form, clear and concise documentation of the purposes for which those legal expenses were incurred. The FUNDING AGENCY reserves the right to suspend payment for any incomplete, incorrect, or inconsistent services or reports required by this Contract until the PERFORMING PARTY satisfactorily completes, revises, or corrects such services or reports. The FUNDING AGENCY also reserves the right to require the reimbursement of any overpayments determined as a result of any audit or inspection of records kept by the PERFORMING PARTY on work performed under this contract. Failure on the part of the PERFORMING PARTY to comply with the conditions set forth in this Contract is the basis for terminati.,a of the Contract or revocation of any unexpended funds. ARTICLE ?. ADDITIONAL CONTRACT PROVlSI'ONS (a) The Additional Contract Provisions in Exhibit C-2 are part of NCTCOG's contract with the TNRCC and are fully applicable to the PERFORMING AGENCY. (Exhibit C-2 - "Attachment C" from TNRCC contract) (b) In respect to Article 14 of Attachment C of the TNRCC Contract, the Executive Director of NCTCOG hereby identifies as the person to give direction to the PERFORMING PARTY: Director of Environmental Resources North Central Texas Council of Governments or his/her designee The PERFORMING PARTY under this subcontract identifies the person authorized to receive direction from the FUNDING AGENCY, to manage the work being performed, and to act on behalf of the PERFORMING PARTY: Kenneth Chance .Superintendent .City of University Park 2525 University Blvd. University Park, TX 75206 Subcontract Number: 50G04 Attachment C, Page 6 (c) In respect to Article 18 of Attachment C of the TNRCC Contract, the PERFORMING AGENCY shall acknowleCge the financial support of the FUNDING AGENCY and the TNRCC as follows: "PREPARED UNDER CONTRACT TO THE NORTH CENTRAL TEXAS COUNCIL OF GO VERNMENTS, IN COOPERATION WITH AND FINANCED THROUGH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION" or similar phrase as may be approved by the FUNDING AGENCY. (d) With regard to the FUNDING AGENCY'S new regional public informa*~on campaign on environmental issues, the PERFORMING PARTY should attempt, wherever possible, to incorporate and integrate the "Take It Personally" theme in the project. Subcontract Number: 50G04 Attachment C, Page 7 EXHIBIT C-1 VOUCHER FORM '"" REGIONAL SOLID WASTE IMPLEMENTATION REGIONAL SOLID WASTE IMPLEMENTATION PROGRAM O~AN{ZATION NAME[ CONTRACT PERIOD t YES__ NO ii ti;cRE-~S REPORT PER C)0 STATE ZIP REPORT OF MONTHLY EXPENDITURES IBUOGET CATEGORIES ! PERSONNELJSAL-ARY ~. F:~INGE BENEFITS C, !ra~v~L BALANCE i APPROVED PROJECT COST CUMULATIVE BUDGET THIS PERIOD PROJECT COST s s !s ~*, i _eQUiPMENT/FURNITURE CONTRACTUAL G. '~ OTHER H. I TOTAL CHARGES ,$ REQUEST FOR PAYMENT ~ CUMULATIVE EXPENDITUR-S THROUGH $ i 2. LESS: CASH PREVIOUSLY RECEIVED ~ AMOUNT NOW REQUESTED (line 1 - line 2) $ 1tN~INTE0 NAME & TITLE DATE THIS REPORT IS DUE TO THE NORTH cENTRAL TEXAS COUNCIL OF GOVERNMENTS 8Y 10TH CALENDER DAY OF EACH MONTH. NoF:r'rH CENTRAl. TEX~I~ COUNCIl.. I:=NVIF~ONIdI::NTAL RES(DUI=ICES ADMINISTRATION Of= GOVERNMENTS ~RECTOR OF EN¥1RONM£NTAL RESOURCES ~ ~ ~TON, TX 7~ APPROVED REVIEWED APPROVED EXHIBIT C-2 ADDITIONAL CONTRACT PROVISIONS (Attachment C from TNRCC-NCTCOG FY94 Contract) ATTACHMENT C ADDITIONAL CONTRACT pROVISIONS ARTICLE 1. (b) (c) (d) (e) (f) GENERAL RESPONSIBILITIES 'OF THE PERFORMING PARTY The PERFORMING PARTY shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by the PERFORMING PARTY under this Contract. The PERFORMING PARTY shall perform such services as may be necessary to accomplish the work under this Contract, in accordance with this Contract and applicable FUNDING AGENCY requirements and any and all applicable law. Neither the FUNDING AGENCY'S review, approval or acceptance of, nor payment for any of the services, including final payment, shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract. The PERFORMING PARTY shall be, and remain, liable in accordance with applicable law for all damages to the TNRCC including reasonable attorneys' fees and court costs caused by the PERFORMING PARTY's negligent performanc& of any of the services furnished under this Contract. In performing any services hereunder, the PERFORMING PARTY is, and undertakes performance as, an independent contractor. The PERFORMING PARTY agrees to hold harmless the FUNDING AGENCY and all of its emplopees and officers agains'. ~-ny and all liability, loss or damage arising out of or incident to the PERFORHING PARTY'S work ~erformance or use of equipment. The obligations of the PERFORMING PARTY under this Article are in addition to the PERFORMING PARTY'S other express or implied assurances under this Contract or applicable law. ARTICLE 2, PAYMENT Upon satisfactory completion of the work performed hereunder and prior to final payment under this Contract for such work, or prior to settlement upon termination of this Contract and as a condition to final payment/settlement, the PERFORMING PARTY shall execute and deliver to the FUNDING AGENCY a release of all claims against the FU.NDING AGENCY arising under or by =irtue of this Contract. ARTICLE 3. TEKMINATI~ (a) This Contract shall terminate upon full performance of all requirements contained herein, unless this Contract is amended in writing. (b) This Con=tact may be terminated in whole or in paL't in writing by either contracting party in the event of substantial failure by the other party to fulfill its obligation under this Contract through no fault of the terminating party, provided that no such termination may be effected unless the other party is given: (1) Not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and Additional Contract Provisions TNRCC Interlocal Contract Approved 11-22-199~ Attachment C, Page i (c) (d) (e) (f) (g) (h) (2) An opportunity for consultation wi~h the ~erminating party prior to termination. This Contract may be terminated in whole or in part in writing by the FUNDING AGENCY for its convenience: Provided that the PERFORMING PARTY is given not less that ten (10) days written notice (delivered by certified mail, return receipt requested) of in-ent to terminate. Circumstances in which the FUNDING AGENCY may terminate for convenience include, but are not limited to, the Texas Legislature's withdrawal of appropriations for this project. If termination for default under Section (b) of this Article, or for reduction or loss of Legislative appropriations under Section (c) of this Article is effected by the FUNDING AGENCY, an adjustment in the Contract amount shall be made, but: (1) . No amount shall be allowed for anticipated profit on unperformed services, tasks or other work; and (2) Any payment due the PERFORMING PARTY at the time of termination may be adjusted to the extent of any additional costs occasioned to the FUNDING AGENCY by reason of the PERFORMING PARTY'S default. However, the adjus~nent for any termination shall provide for payment to the PERFORMING PARTY for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the PERFORMING PARTY relating to contracts entered into prior to the termination. Upon receipt of a termination -otice pursuant to Sections (b) or (c; above, the PERFORMING PARTY shall: (1) Promptly discontinue all services affected (unless the notice directs otherwise); and (2) Deliver or otherwise make available to the FUNDING AGENCY all data, drawings, specifications, reports, estimates, summaries, and such other information, materials, and equipment as may have been accumulated by the PERFORMING PARTY in performing this Contract, whether completed or in process. Upon termination pursuant to Sections (b) or (c) above, the FUNDING AGENCY may take over and complete the work by agreement with another party or otherwise. If, after termination for failure of the PERFORMING PARTY to fulfill its contr&ctual obligations, it is determined that the PERFORMING PARTY had not so failed, an adjustment of the Contract amount shall be made as provided in Section (d) of this Artlcl=~ If any delay or failure of performance is excused under A~cicle 19 of this Attachment (relating to Force Majeure), the FUNDING AGENCY may in its sole discretion terminate this Contract in whole or in parc. The FUNDING AGENCY shall give the PERFORMING PARTY not lees than (10) calendar days' written notice (delivered by certified mail, or overnight delivery seL~£ce, return receipt r~queeted) of intent to terminate and an oppoL~unity for consultation prior tn termination. If such termination is effected, an equitable adjustment shall be made in accordance with Section (d) of this Article. ARTICLE 4. CHANGES (a) The Executive Director of the FUNDING AGENCY, or his Authorized Representative identified in accordance with Article 14 of this Attachment Additional Contract Provisions · NRCC Interlocal Contract Approved 11-22-1993 Attachment C, Page 2 (b) (c) (d) (e) may, at any time, by written notification to the PERFORatING PARTY, make changes to this Con~rac~. If such changes cause an increase or decrease in the PERFORMING PARTY'S cos~ of, or time required for, performance of any services under this Contract an equitable adjustment shall be made and this Contract shall be modified in wri'~ing accordingly. Any claim of the PERFORMING PARTY for adjustmen~ under this clause must be asserted in writing within thirty (30) days after the date of receipt by the PERFORMING PARTY of the notification of change, unless the Executive Director of the FUNDING AGENCY or his Authorized Representative grants a further period of time before the da~e of final payment under this Contract · A Major Change will include one or more of the following: 1) An increase or decrease in the amount of compensation to the PERFORMING PARTY; 2) An extension or shortening of the term of the Contract; 3) A change to the overall scope of the Contract or to the Scope of Service~; (4) Any action that is beyond the authority of the Executive Director or the Authorized Representative of the FUNDING AGENCY.. Implementation of a Major Change must be preceded by a fo~aal written amendment to the Contract. The amendment must contain a description and justification of the pro~osed ch.nge and the formal signature of both the Executive Director of the FUN[ .NG AGENCY or his delegate and the Authorized Representative of the PERFORMING PARTY. Any amendment that will exceed the contractual authority of the Executive Director of the FUNDING AGENCx also requires the consent of a majority of commissioners of the FUNDING AGENCY. Any proposed change that is not a Major Change may qualify as a Minor Change. Such change does not require a formal amendment to the Contract. At his or her discretion, the Authorized Representative of the FUNDING AGENCY may require the PERFORMING PARTY to submit a written request for the change and a description of the activity or action proposed, or may give the PERFORMING PARTY verbal approval for the change. In either case, no authorization shall be effective unless it is followed by a letter from the Authorized Representative of the FUNDING AGENCY ratifying the authorization. A copy of the letter must be retained in the appropriate file of both the PERFORMING PARTY and the FUNDING AGENCY. If the PERFORMING PARTY requests a Minor Change and the Authorized Representative of the FUNDING AGENCY does not approve the request as a Minor Change, then the change shall be deemed a Major Change and the PERFORMING PARTY may only obtain authorization to proceed in accordance with Section (c) of this Article. A~TI~-~ S. ACCOUNTING SYSTEMS The PERFORMING PARTY shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles. The PERFORMING PARTY must propose and account for costs in a manner consistent with such standards or principles. ARTI~-F 6. AUDIT, ACCESS TO ~ECO~D$ (a) The PERFORMING PARTY shall maintain and make available for inspection, audit, or review books, records, documents, and other evidence directly Additional Contract Provisions TNRCC Interlocal Contract Approved 11-22-1993 Attachment C, Page 3 (b) (c) (d) (e) pertinent to performance on all work under this Contract, including negotiated changes or amendments thereto, in accordance with accepted professional practice, and appropriate accounting procedures and practices, at a location within Texas as identified in Exhibit 1 of this Attachment. The PERFORMING PARTY shall also make available at this office the financial information and data used by the PERFORMING PARTY in the preparation or support of the project budget submitted to the FUNDING AGENCY for this Contract. The FUNDING AGENCY or any of its duly authorized representatives, shall have access to such books, records, documents, and other evidence for the purpose of inspection, audit review and, upon conference with the PERFORMING PARTY, copying. Ail such information shall be handled by the auditing parties in accordance with good business ethics. Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency(ies). Where the audit concerns the PERFORMING PARTY, the FUNDING AGENCY will afford the PERFORMING PARTY an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the written comments, if any, of the audited parties. Records under Section (a) above shall be maintained and made available during performance on work under this Contract and until three years from date of final payment by the FUNDING AGENCY for the project. In addition, those records which relate to any dispute, litigation, or the settlement of claims arising out of such ~=rformancs, or costs or items to which an audit exceFtf~n has been taken shall be maintained and made available until three years after the date of resolution of such disputes, litigations, claims, or exceptions. Access to records is not limited to the required retention periods. The FUNDING AGENCY and any of its authorized representatives shall have access to records at any reasonable time for as long as the records are maintained. (f) (g) The FUNDING AGENCY reserves the right to require the reimbursement of any over-payments determined as a result of any audit or inspection of records kept by the PERFORMING PARTY on work performed under this Contract. This Article (AUDIT, ACCESS TO RECORDS) must be included in all Contract- funded subcontracts, subcontract change orders and subcontract amendments. ARTICLE 7. TITL~ TO AMD MANAGEMENT OF E~UIPMEMT AMD COMSTRUCTBD FACILITIES (a) (b) (c) Subject to the obligations and conditions set forth in this Contract, title to all equipment and/or constructed facilities acquired under this Contract will vest, upon acquisition or construction, in the PERFORMING PARTY or its FUNDING AGENCY-approved subgrantees (hereafter, "subgrantees-). The PERFORMING pARTY agrees to conduct physical property inventories, to maintain property records and necessary control proce~lUrll, &r~d tO provide adequate maintenance with respect to all equipment and/or constructed facilities acquired under this Contract, as set forth below. The PERFORMING PARTY may develop and use its own property management system which must conform with all applicable state'and local laws, rules and regulations. If an adequate system for accounting for Personal property owned by the PERFORMING PARTY or its subgrantee is not in place or currently in use, the Property Accounting System Manual issued by the Additional Contract Provisions TNRC¢ Intsrlocal Contract Approved 11-22-1993 Attachment C, Page 4 (d) (e) (f) (g) (h) (i) State of Texas General Services commission shall De used as a guide for establishing such a system. A physical inventory of all equipment or property acquired or replace~ under this Contract having an initial purchase price of five hundred dollars ($500) or more, shal~ be conducted no less frequently than once every two years and the results of such inventories reconciled with the appropriate property records. Property control procedures utilized by the PERFORMING PARTY shall include adequate safeguards to prevent loss, damage, or theft of the acquired property. The PERFORMING PARTY agrees to develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replace2 property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event such equipment or property is sold. All equipment and/or constructed facilities acquired or replaced under this Contract shall be used by the PERFORMING PARTY, or its subgrantees, to ~upport the purposes of this Contract, for as long as the equipment or facilities are needed for such purposes, whether or n~t the original projects or programs continue to be supported by State funds. The PERFORMING PARTY, or its subgrantee, may for the purpose of replacing various equipmen~ or facilities utilized under this Contract, either trade in or sell the equipment or proper~y £eferred to in Section (a) of this Article and use the proceeds of such trade-in or sale to offset the cost of acquiring needed replacement property. Subject to Sections (h)-(J) of unis Article, if no longer needed for the support of the authorized project~ or programs referred to in Section (e) of this Article, equipment and/or property acquired under this Contract, whether or ;.-~ hal or replacement, may be used in support of other activi:iee currently or prevLous!y supported by the FUNDING AGENCY, or alternatively, may be made available for use on other projects or programs, providing such other use will not interfere with the work on those projects or programs for which such equipment or facilities were originally acquired or constz-acted. If any equipment or property acquired or replaced under this Contract is sold or transferred within six years of the initiation date of the Contract, the PERFORMING PARTY agrees that the FUNDING AGENCY is entitled to a share of the proceeds from such sale, provided the fair market, per- unit value of the property a= the time of the male is ~n excess of five thousand dollars ($5,000). The FUNDING AGENCY' s share of the sale proceeds shall be the s~me percentage as was the funding provided under this Contract that enabled the original purchase or acquisition of the property in question. Proper~y that is no longer needed and that has a fair market, per-unit value of five thousand dollars ($5,000) or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the FUNDING AGENCY, provided the requirements set forth in Sections (i) and (J) of this Article are followed. If the property or equipment has a fair market, per-unit value of five thousand dollars ($5,000) or more and less than six years has elapsed from the initiation of the Contract, the PERFORMING PARTY or the su~rantee must contact the FUNDING AGENCY for final disposition instructions. If, prior to the termination date of this Contract, the pERFORMING PARTY or its subgrantees determine that any equi~nt or construe=ed facilities acquired with funds provided as a result of this Contract is no longer needed for support of =he programs or projects referred to in Section (e) of this Article, the FUNDING AGENCY ~ay r~c~uire =he PERFORMING PARTY to transfer title and possession to such equipment or movable constructed facilities to a third par~y named by the FUNDING AGENCY. A~ditional Contract Provisions TNRCC Intsrlocal C~ntract Approved 11-22-1993 Attachment C, Page 5 The PERFORMING PARTY agrees that if a determination is made after chis Contract has terminated that any equipment or constructed facilities acquired with funds provided as a result of this Contract is no longer needed for support of the programs or projects referred to in Section (e) of this Article, the FUNDING AGENCY has a right to require the transfer of any equipment or movable constructed facilities having a fair market, per unit value of more than five thousand dollars ($5,000) to a third party named by the FUNDING AGENCY. (k) The PERFORMING PARTY shall not grant or allow to a third party a security interest in any original or replacement materials, equipment, or facilities purchased or constructed with funds made available to PERFOR~4ING PARTY under this Contract. (!) The PERFORMING PARTY agrees that, in the event any funds provided under ~his Contract are in turn awarded to any subgrantee for the purchase or acquisition of any equipment or constructed facilities, by such other ~urty, the PERFORMING PARTY's contract with that subgrantee shall include ~he requirements set forth in Sections (a) - (k) of this Article. JU~TXC"I'.~ 8. R.~DXES (a) Notwithstanding any other terms in this Contract, or any attachments or addenda hereto, or any documents comprising this Contract, all claims, counterclaims, disputes, and other matters in question between the FUNDING AGENCY and the PERFORMING PARTY arising out of or relating to this Contract or the breach thereof will be decided in a court of competent jurisdiction in the City of Austin, Travis County, Texas. (b) The parties may agree to su~.lit claims, counterclaims, disputes, and other matters i.l quedtion between the FUNDING AGENCY and the PERFORMING PARTY to arbitration or mediation, but only by written amendment to this Contract signed by both the FUNDING AGENCY-and the PERFORMING PARTY. ARTICLE 9. EMPLOYMENT PRACTICES The PERFORMING PARTY agrees that in the performance of this Contract, it will not discriminate against any employee or applicant because of race, religion, color, sex, age, or national origin and it will comply with Executive Order 11246, entitled "Equal Employment Opportunity-, asa m ended by Executive Order 11375, and as supplemented in Department of Labor Regulations (Title 41 CFR Part 60). The PERFORMING PARTY assures that no person will, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subject to discrimination under any program or activity funded in whole or part under this Contract. ARTZCL~ 10. AMERICANS WITH DISABILITIES ACT The PERFORMING PARTY shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, Public Law 101-336, 101st Congress, 2nd Session, 104 Stat. 327 (July 26, 1990). ARTICLE 11. UTILIZATION OF BZS.TORZ~q, LLYUIIDERUTZLZ$1~BUSZNESS (HUB) ENTERPRISES ~a) A Historically Underutilized Business (HUB) is a Corporation, Sole Proprietorship, Partnership, or Joint Venture in which at least 51percent is owned, operated, controlled and actively managed by a person or personiwho are historically underutilized (socially disadvantaged) because of their identification with members of certain groups; including Black Americand, Hispanic Americans, Asian Pacific Americans, Native Americans Additional Contract Provisions · NRCC Intsrlocal Contract Approved 11-22-1993 Attachment C, Page 6 (b) (c) (d) (e) (American Indians) and Women who have suffered the effects of discriminatory practices or similar insidious circumstances over which %hey have no control. In accordance with FUNDING AGENCY policy, the PERFORMING PARTY agrees that, in the event subcontractors, vendors, or suppliers are utilized under this Con=tact, it will attempt, Dy executing the steps suggested in Section (d) of this Article, to achieve at least a thirty percent (30%) participation by HUB enterprises in such contracts- The percentage of HUB participation shall be calculated as a percentage of the total dollar amount of all subcontracts including those utilized for supply, and/or ecfuipment acquisition. The dollar b4se does not include funds awarded by the pERFORMING PARTY as subgrants to local governments or political subdivisions of the State. If the PERFORMING pARTY fails to achieve ten percent (10%) participation over the duration of this project, it will demonstrate in writing that Lc cook the following affirmative action steps: (I) Placed qualified small, minority, and women's business enterprises on solicitation lists; (2) Assured that such businesses and business enterprises were solicited whenever they were potential sources; (3) Divided contract-based req~ir~nts~ when to do so is economically feasible, into smaller tasks or quantities so as to permit maximum participation by such busin¢~s enterprises; (4) Established delivery schedules, where the contract requirements pea-mi=ted, which encouraged participation by such business enterprises; . (5) Utilized the services and assistance available from the Texas Natural Resource Conservation Commission's (TNRCC) Acquisition and Compliance HUB coordinator, the Small Business Administration, and/or the Minority Business Development Agency of the Department of Commerce; and (6) Recluired its subcontractors to take the affirmative steps listed in Tubsections (1) - (5) of this Section. The pEP~FORMING PARTY'I failure to abide by the terms of this Article shall be grounds for termination of this Contract- A]LTI~.~ 12. INTELLEC~FAL PHOP~ (a) For the purpose of this Article, -intellectual property" refers to: (1) Any discovery or invention for which patent rights may be (b) acquired; (2) Any photographs, graphic designs, plans, drawings, specifications, co~uter programs, technical reports, opmrating manuals, or other copyrightable ~terials; and (3) Any other materials in which intellectual propmr~y rights may be obtained. If the PEBI~ORMING P~TY first conceives of, actually puts into practice, discovers, invents, or produces any intellectual pro~rty during the A~d~tional Contract Provisions TN~CC Interlocal Contract Approved 11-22-1993 Attachment C, Page 7 course of its work under this Contract, it shall report that fact to the FUNDING AGENCY. (d) (e) The PERFORMING PARTY may obtain governmental protection for rights in the .intellectual property. However, the FUNDING AGENCY hereby reserves a nonexclusive, royalty-free and irrevocable license to use, publish, or reproduce the intellectual property for sale or otherwise, and to authorize others to do so. The FUNDING AGENCY also reserves a royalty- free nonexclusive, and irrevocable license to use, publish, or reproduce for sale or otherwise, and to authorize others to use, publish, or reproduce, for sale or otherwise (to the extent consistent with the rights of third parties) any intellectual property for which the PERFORMING PARTY obtains rights with funds received under this Contract. In performing work under this Contract, the PERFORMING PARTY shall comply with all laws, rules, and regulations relating to intellectual property, and shall not infringe on any third-party's intellectual property rights. It shall hold the FUNDING AGENCY harmless for any claims for infringement related to its work under this Contract. The PERFORMING PARTY shall include provisions adequate to effectuate the purposes of this Article in all subcontracts under this Contract in the course of which intellectual property .nay be produced or acquired. AR~I CI~ 13. (a) (b) SUBGRANTS AND SUBCONTRACTS A "subgrant" is an award made by the PERFORMING PARTY to another state agency, local government, or organization to perform work related tO the purposes of this Contract, but not required for the PERFORMING PARTY'S completiol. ~f the Scope of Services under this Contract. "Subgranteee" are the rec~.i~nts of such subgrants. Any subcontractors and outside associates or consultants used b~- the PERFORMING PARTY in connection with the services covered by the Contract, and any subgranteee under this Contract, shall be limited to such individuals or firms as were specifically identified in Attachment A of thisContract or as are specifically approved by the Executive Direct. or of the FUNDING AGENCY, or a person identified in writing as described in Article 14 of this Attachment, during the performance of this Contract. Any substitution in such subcontractors, associates, or consultants shall be subject to the prior written approval of the FUNDING AGENCY'S Executive Director or a person identified in writing aa described in Article 14, and identified in Exhibit 1 to this Attachment. AHTZC~ 14,. AU'I~ORXS~O R~PI~SENT. A.TZV~S (a) The Executive Director of the FUNDING AGENCY, will identify a person authorized to give direction to the PERFORMING PARTY, and act on behalf of the FU~DING AGENCY. The' person designated aa the TNRCC Authorized Representative ii identified in Exhibit 1 to this Attachment. (b) The Executive Director of the FUNDING AGENCY hereby authorizes such identified person to further delegate his or her authority as necessary, including any delegation of authority to a FUNDING AGENCY employee who w£11 act as the FUNDING AGENCY's authorizedFleld Representative. Written notice of any such delegation whall be provided to the PERFORMING PARTY. (c) The PERFORMING PARTY will identify the person authorized to receive direction from the FUNDING AGENCY, to manage the workbeingperformed, and to act on behalf of the PERFORMING pARTY. The person designated as an Authorized Representative is identified in Exhibit I to this Attachment. Additional Contract Provisions TNRCC Znterlocal Con~t Approved 11-22-1993 Attachment C, Page 8 d) The PERFORMING PARTY agrees ~o make whatever arrangements are necessary to ensure that its Authorized Representative, or someone to whom that person has delegated his or her authority, is available at al~ times for consultation with the FUNDING AGENCY. Written notice of any such delegation shall be provided to the FUNDING AGENCY. ARTIc~.~. 15. (a) (b) (c) DATA AND PUBLICITY All data and other information developed under this Contract shall be furnished to the FUNDING AGENCY and shall be public data and information except to the extent that it is exempted from public access by the Texas Opens Records Act, Vernon's TeA. Civ. Ann. Art. 6252-17a ("Act"). Upon termination of this Contract, all data and information shall become the property of the FUNDING AGENCY. Except as otherwise provided by this Contract, or by the Act, the PERFORMING PARTY shall not provide data generated or otherwise obtained in the uerformance of its responsibilities under this Contract to any party othe~ than the State of Texas and its authorized agents. Except as otherwise provided by this Contract, the PERFORMING PARTY agrees to notify and obtain the verbal approval of the FUNDING AGENCY prior to releasing any information to the news media regarding the activities being conducted under this Contract. ARTI~ 16. LICENSES, PERMITS AND LAWS The PERFORMING PARTY shall, except as otherwise provided in this Contract, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable federal, state, and municipal laws, codes and regulations, in connection with the work required by this Contract. ARTI~R 17. ENERGY EFFICIENCY STAnDArDS The PERFORMING PARTY shall follow standards and policies on energy efficiency which are contained in the Texas State Energy Conservation P~an issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ARTI~.R 18. ACKNOWLEDgEMeNT OF FINANCIAL SUPPORT The PERFORMING PARTY shall acknowledge the financial support of the FUNDING AGENCY whenever work funded, in whole or part, by this Contract is publicized or reported in news media or publications. Ail reports and other documents completed as a part of this Contract, other than documents preparm~ exclusively for internal organizational use by the PERFORMING PARTY or within the FUNDING AGENCY, shall carry the following notations on the front cover or title page: "PREPAJ~BD IM COOPBRATIOM WITH TH~ TEXAS MATURAL RESOURCE CONSERVATION COMMISSION' ARTICLE 19. FORCE MAJEUi~ (a) A force majeure event shall be defined to include decrees of or restraints by a governmental instrumentality, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality shall not be construed as an act of God), work stoppages due to labor disputes Additional Contract Provisions TNRCC Interlocal Contract Approved 11-22-1993 Attachment C, Page 9 (.b) (c) (d) (e) (f) or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage. Subject to the following conditions, and provided this Contract has not been terminated as provided by Article 3 Section (h) of this Attachment, if a delay or failure of performance by either party results from the occurrence of a force majeure event, the delay shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event if, and t~ the extent that: (1) the delay or failure was beyond the control of the party affected and not due to its fault or negligence; and (2) the delay or failure was not extended because of the affected party's failure to use all diligence to overcome the obstacle or to resume performance immediately after the obstacle was overcome. No time extension shall be granted under this Article unless the party seeking relief has notified Chi other in writing within ten (10) calendar days of the time of coo~0encement of the event, of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the PERFORMING PARTY intends to implement these measures. The party seeking relief shall also give written notice of the ending of the event within ten (10} calendar days after th~ event has ended. If the PERFORMING PARTY is the party seeking relief under this Article, the burden of proving a force majeure event has occurred remains with it, and no extension shall be granted unless the FUNDING AGENCY agrees the occurrence, constitutes a force majeure event, which agreement may not be unreasonauiy withheld. The FUNDING AGENCY shall be reeponslble only for costs incurred by the PERFORMING PARTY after the prior written request by the Executive Director, or his authorized representative, to incur such costs in connection with any force majeure event. Neither the F~H~DING A~ENCY nor the PERFORMING PARTY shall have, and both hereby waive, any claim whatever for any damages resulting fr~n delays caused by force majeure events. In no event shall this Article lessen or modify the FUNDING AGENCY's rights as set out elsewhere in this Contract. ARTICLE 20. WAIFB~ Unless authorized in accordance with Article 4 of this Attachment (relating to Changes), or in writing b~ the Executive Director of the FUNDING AGENCY, no waiver of any obligation of the PERFORMING PARTY under this Contract shall bind the Co~llliOn.. Fuz~chezl0orl, unless s~cifi~ in the written authorize=ion, the authogiz~ waiver by the Executive Directs= of such obligation shall not constitute I continuing waiver of the obZlg.tion. No w.~ver by the Executive Director Ih.ll conltitute . w. ivec of the C~illion'l iube~ent right to demand and receive ~rfo~nce within % rlalon~le C~ to be I~cified by the C~ission, In lccord.nct with all provil~ons of th~s Contract. ~X~ 21. b'~XFO~ G~ ~ CO~TRACT i~l~ ACT The provisions of the 'Uniform GrantaadContr&ct Management Act', TEX GOV'T CODE ANN. S783.001 et ~ (Vernon, 1992) apply to this Contract. C~npliance with the conditions and requir~nents contained therein fl necessa~ fo= the satisfactory ~rfo~nce of the se=vices ~d ~rk =e~ir~ under this Contract. Additional Contract Prmv£sione Th'RCC lnterlocal Contract Approved 11-22-1993 Attachment C, Page 10 ARTIC/Z 22. NOTICE Any notice or other written communication shall be considered delivered three (3) days after the da~e postmarked, provided such notice or written communication is sent by certified mail, return receipt requested, or delivered in person to the authorized representative of the party specified as described in Article 14 this Attachment. ARTICLE 23. HEADINGS The headings to sections contained in this Contract are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of the substantive provision to which the heading applies unless the context so requires. AHTICLE 24. O~DEIt OF P~EFEKENCE Unless othe~ise s~ated, a listing of factor~, criteria or ~ubjects in this Con~rac~ does no~ constitute an order of preference. ARTICLE 25. SEVF2~ABILITY I~ any provision of this Contract is aeld invalid, such invalidity shall not affect any othez ~rovision which can be given effect without the invalid provision, and to this end the provisions of this Contract are declared to be severable. ARTICLE 26~ ASSIGNABILITY Any attempted assignment or other transfer of this Contract by PERFORMING PARTY without the written consent of the FUNDING AGENCY shall be void. ARTI~T.~ 27. ENTI~E This Contract (including the document entitled Interlocal Contract, and Attachments A - C thereto and all referenced Exhibits) represents the entire Contract between the contrac=ing parties and supersedes any and all prior contracts between the par~ies, whether written or ora~. A~TICLE 2S. ~ Any amendments, modifications or supplements to this Contract shall be in writing and shall be signed by both par~ies in accordance with Article 4 of this Attachment. Additional Contract Provisions T~FRCC Interlocal Contrac~ Approved 11-22-1993 Attachment C, Page 11 ATTACHMENT D RESOLUTION AND/OR ASSURANCES (City assurance is forthcoming.) RESOLUTION NO. 94-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE 1994 APPRAISAL ROLL OF THE DALLAS CENTRAL APPRAISAL DISTRICT FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's Assessor and Collector of taxes has submitted to the City Council for approval of the 1994 tax appraisal roll compiled by the Dallas Central Appraisal District; and WHEREAS, the City Council is of the opinion that the 1994 appraisal roll should be adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the 1994 appraisal roll for the City of University Park as presented by the Dallas Central Appraisal District be, and the same is hereby, adopted in all respects showing a total appraised property value of $2,315,893,230, new property added to the tax roll of a taxable value of $33,336,030, and a total taxable value of property for 1994 of $1,814,412,594. SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 14th day of September, 1994. APPROVED: MAYOR A'rrEST: CITY SECRETARY AGG05D4D CITY ATTORNEY (RLD/ckh 09-08-94) AGG05D4D RESOLUTION NO. 94-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION NO. 93-8, EXHIBIT "A" SECTION V, "SANITATION" TO ESTABLISH FEES FOR RECYCLING COLLECTION SERVICES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution 93-8 of the City of University Park, Texas, be, and the same is hereby, amended by amending Exhibit "A" Section V "Sanitation" to add a new subsection 8 thereto as follows: "V. Sanitation Recycling collection The City shall charge the following additional sums per month for collection of recyclable trash to households that receive an individual City sanitation bill: a. Alley/curbside service $1.88 b. Packout service $ 3.10 The rates established by this section are the rates agreed to between the City and Browning Ferris, Inc., the City's contractor for collection of recyclable trash. The contractor is authorized to adjust the rates to fully cover increases in costs resulting from changes in any laws, ordinances, state and federal regulatory requirements or guidelines (including changes in construction or interpretation thereof or a change in the manner or method of enforcement thereof), or orders, judgments or directives of any court or governmental body or instrumentality thereof. The contractor is also authorized to adjust rates to reflect changes in the cost of operations as reflected by fluctuations in the Consumer Price Index for Urban Consumers for the Dallas/Fort Worth Area, published by the U.S. Department of Labor, Bureau of Labor Statistics. In the event the collection fees are increased by virtue of any of these provisions, the rates established by this section will automatically increase and the City Council will take the necessary steps to amend this section to reflect such increase." AGG05F9D SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 19th day October, 1994. APPROVED: FELIX e. G01~D~ ATTEST: BOBBLE SHARP, CITY SECR,'- iAR APPROVED AS TO FORM: CITY ATTORNEY (RLD/gh 10-14-94) AGG05F9D RESOLUTION NO. 9 4-2 o A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL INVESTMENT AGREEMENT FOR PARTICIPATION IN THE LONE STAR INVESTMENT POOL; DESIGNATING THE POOL AS AN AGENCY AND INSTRUMENTALITY OF THE CITY OF UNIVERSITY PARK; APPROVING INVESTMENT POLICIES OF THE POOL; APPOINTING AUTHORIZED REPRESENTATIVES AND DESIGNATING INVESTMENT OFFICERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Government Code, and Article 4413(34c), Vernon's Texas Civil Statutes, as amended (collectively, the "Act"), permit any local government to contract with one or more other local governments to perform governmental functions and services, including investment of public funds through public funds investment pools as such phrases are defined in the Act; and WHEREAS, the Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 791 of the Government Code; and WHEREAS, the Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interiocal agreements; and WHEREAS, the City of University Park is a local government within the meaning of the Act and desires to enter into that certain Interlocal Investment Agreement (the "Agreement"), a copy of which is presented with this Resolution and is incorporated herein by reference, the same as if fully copied herein, so that the City can become a participant in a public funds investment pool created thereunder and known as the Lone Star Investment Pool (the "Pool") sponsored by the Texas Association of School Boards ("TASB"); and WHEREAS, the City of University Park desires to designate the Pool as its agency and instrumentality with authority, through its Board of Trustees (the "Board"), to supervise performance of the Agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement; and WHEREAS, each term used in this Resolution and not otherwise defined has the same meaning assigned to it in the Agreement; NOW, THEREFORE, AGG03F93 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Agreement is hereby approved and adopted for the City of University Park and, upon execution thereof by an authorized representative of the Pool and receipt of the City's application to join the Pool by the administrator, the City shall become a participant in the Pool for the purposes of investing its available funds therein from time to time in accordance with its terms. SECTION 2. The Pool is hereby designated as an agency and instrumentality of the City of University Park, the Board is hereby designated as the governing body of the Pool and the Pool, through the Board, shall have the authority to supervise performance of the Agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement. SECTION 3. The investment policies of the Pool, as set forth in the Statement of Investment Policy, as summarized in the Information Statement, and as may be amended from time to time by the Board, are hereby adopted as investment policies of the City of University Park with respect to money invested in the Pool, and any existing investment policies of the City of University Park in conflict therewith shall not apply to investments in the Pool. SECTION 4. The following officers, officials or employees of the City of University Park are hereby designated as "authorized representatives" within the meaning of the Agreement, with full power and authority to: execute the Agreement, an application to join the Pool, and any other documents required to become a participant; deposit money to and withdraw money from the City's Pool account from time to time in accordance with the Agreement and the Information Statement; and take all other action being r~cessary or appropriate for the investment of funds of the City of University Park: Robert E. Hicks, Jr., Director of F[nanc"e City of University Park, Texas Ken~t Austin, Assistant City Manager City of University Park, Texas Jud~off~ Ac~(~nting Supervisor City of University Park, Texas AGG03F93 In accordance with Pool procedures, an authorized representative shall promptly notify the Pool of any change of the names or titles of those appointed to serve as authorized representatives by the City Council. Section 5. In addition to the foregoing authorized representatives, each investment officer of the Pool appointed by the Board from time to time is hereby designated as an investment officer of the City of University Park and, as such, shall have responsibility for investing the share of Pool assets representing funds of the City of University Park. Section 6. University Park, December Duly passed and approved Texas, and effective , 1994. by the City Council of the City of on the 6th day of APPROVED: /MAYOR ATTEST: CITY SECRETARY (CITY SEAL) APPROVED AS TO FORM: CITY A'I-I'ORN EY AGG03F93 RESOLUTION NO. 95 - 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK TEXAS, AUTHORIZING EXECUTION OF A CONTRACT WlTH McCOY-MILLER AMBULANCE SALES FOR EMERGENCY REPAIRS TO FIRE DEPARTMENT MICU; AUTHORIZING EXPENDITURE OF NECESSARY FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On November 24, 1994, an accident occurred involving the Fire Department MICU; and WHEREAS, the MICU being out of service creates a public calamity in the preservation of the public health and safety of the City's residents and requires immediate appropriation of money to relieve the necessity and preserve the property of the City; and WHEREAS, informal bids were taken from contractors for emergency repairs and the best responding contractor was McCoy - Miller Ambulance Sales which submitted a total bid of $38,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That based on the above premises, the City Council of the City of University Park hereby finds that the expenditure authorized by this Resolution is one made because of the public calamity that required immediate appropriation of money to relieve the necessity of the City's residents and to preserve the property of the City, and further finds that such procurement is necessary to preserve and protect the public health and safety of the City's residents, and further finds that such procurement is necessary because of unforeseen damage to public equipment and property by a vehicular accident. SECTION 2. That the City Council, having made such findings, is of the opinion and finds that this expenditure is not subject to competitive bidding and falls under the general exemptions'cbntained in Section 252.022 of the Local Government Code. SECTION 3. That the City Manager be, and is hereby, authorized to enter into a contract for the immediate repair of the Fire Department MICU with McCoy - Miller Ambulance Sales for the approximate sum of $38,000.00. That any actions of the City Manager or other official of the City in connection herewith taken before the effective date of this Resolution are hereby ratified. SECTION 4. That the City Manager is authorized to appropriate the necessary funds from available accounts to pay the costs of the contract authorized hereby. SECTION 5. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 18th day of January 1995 APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY CITY SECRETARY RESOLUTION NO. 95-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE RETENTION OF THE LAW FIRM OF BUTLER, PORTER, GAY AND DAY TO INTERVENE ON BEHALF OF THE CITY OF UNIVERSITY PARK IN PUBLIC UTILITY COMMISSION OF TEXAS DOCKET NO. 13655 - APPLICATION OF TELEPORT COMMUNICATIONS DALLAS FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY TO OPERATE AS A LOCAL EXCHANGE TELEPHONE COMPANY IN DALLAS COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Teleport Communications Dallas has filed with the Public Utility Commission of Texas ("PUC") (PUC Docket No. 13655) an application for a Certificate of Convenience and Necessity to operate as a local exchange telephone company in portions of Dallas, Denton, Collin and Tarrant Counties; and WHEREAS, the City of University Park, Texas, ("City") seeks to participate in such proceedings; and WHEREAS, the City and its citizens will be substantially affected by the rates established as a result of such proceedings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council of the City of University Park, Texas, hereby authorizes the retention of the law firm of Butler, Porter, Gay and Day to intervene on behalf of the City in Public Utility Commission of Texas Docket No. 13655 relative to Teleport Communications Dallas' application for a Certificate of Convenience and Necessity to operate as a local exchange telephone company in Dallas County, and related dockets. SECTION 2. That the City Attorney is authorized to engage rate case consultants, cooperate with other participating cities to analyze the case filing and to take appropriate action. The cost of such intervention shall not exceed $10,000.00, with University Park's share being its pro rata cost in relation to all participating cities. Funds AGG0683A for such services are available. SECTION 3. That the City Secretary shall forward a copy of this resolution to the Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas 78757. SECTION 4. This Resolution shall take effect immediately from and after its passage as the law and charter in such case provides, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of March , 1995. APPROVED: FEMX B. ~GOLDMAI~A~'OR ATTEST: ~Y APPROVED AS TO FORM: CITY ATTORNEY (RED/id 3-2-95) AGG0683A RESOLUTION NO. 95-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION NO. 94-10 TO APPOINT BARTON WALLACE, JR. AS AN ALTERNATE MEMBER OF THE BOARD OF ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT: Resolution No. 94-10 is hereby amended to appoint Barton Wallace as an alternate member of the Board of Adjustment. Mr. Wallace will replace former alternate member Roy Kull who was appointed a full member of the Board of Adjustment. The appointment term of Mr. Wallace shall be coterminous with the term of the City Council or until a successor is named. PASSED AND APPROVED this the 7th day of March, 1995. ~V~AYOR ~- ATTEST: CITY SECRETARY RESOLUTION NO. 95 - 4 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION NO. 94-12, EXHIBIT "A," SECTION IV (3) "AMBULANCE (MICU) - MOBILE INTENSIVE CARE SERVICE FEE" TO ALLOW ITEMIZED CHARGES FOR SPECIFIC MICU SERVICES PERFORMED DURING AN MICU SERVICE CALL IN ADDITION TO THE CURRENT MICU TRANSPORT FEE OF $240; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution 94-12 of the City of University Park, Texas, is hereby amended by amending Exhibit "A," Section IV (3), "Ambulance (MICU)", to read as follows: "3. .Ambulance (MICU) (Ch. 1, Sec. 18) Mobile intensive care service fee A fee of two hundred and forty dollars ($240.00) shall be charged per trip per person for the transportation by Mobile Intensive Care Unit of a person or persons to a hospital providing emergency medical attention within the boundaries of Dallas county. In addition, fees for specific MICU services performed during an MICU service call may be charged. In all cases, whether one (1) person or more than one (1) person is transported in the same MICU, the per trip charge applies to each individual." SECTION 2. This resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. PASSED AND APPROVED by the City Council of the City of University Park, Texas, on the 7th day of March, 1995. APPROVED: I~YOR CITY ATTORNEY ATTEST: CITY SECRETARY RESOLUTION NO. 95-5 A RESOLUTION OF THE CITY OF UNIVERSITY PARK REQUESTING THAT THE TEXAS TURNPIKE AUTHORITY NAME THE PROPOSED STATE HIGHWAY 190 TOLLWAY AND ITS FUTURE EXTENSIONS IN HONOR OF FORMER PRESIDENT GEORGE BUSH. WHEREAS, SH 190 and its future extensions may be built as toll facilities under the auspices of the Texas Turnpike Authority rather than the Texas Department of Transportation, and WHEREAS, George Bush, the 41st President of the United States, has represented Texas in the United States Congress and has located the Bush Presidential Library in Texas, and WHEREAS, Interstate Highway 635, the inner freeway loop in Dallas County, is named after Texan Lyndon B. Johnson, the 36th President of the United States, and WHEREAS, various studies are underway using different titles for segments of the proposed SH 190, SH 161, and connector from IH 35 and IH 635 and itwould be beneficial to begin identifyin~ the greatest possible length of this developing roadway with a single title, NOW, THEREFORE, HE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS; That the City of University Park requests that the Board of Directors of the Texas Turnpike Authority name the SH 190 toll facility as the George Bush Tollway in honor of the 41st President of the United States, and direct its staff and consultants to use this name on all future references to the project under study. AND BE IT FURTHER RESOLVED: That future extensions of this roadway carry the same name where supported by local city and county resolutions. ATTEST: CITY SECRETARY RESOLUTION NO. 95-6 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS REQUESTING REVISIONS TO STATE AND FEDERAL LEGISLATION REGARDING THE CENTRALIZED VEHICLE EMISSIONS TESTING PROGRAM AND FEDERAL AIR QUALITY REQUIREMENTS. WHEREAS, four of the sixteen counties which comprise the North Central Texas Council of Governments' service area have been designated a Non-Attainment Area under the Federal Clean Air Act Amendments of 1990; and WHEREAS, this four-county area consists of Collin, Dallas, Denton, and Tarrant Counties; and WHEREAS, the remaining twelve counties may be brought into the Non-Attainment Area if the four-county area does not reach attainment by 1996; and WHEREAS, one control measure for reaching attainment is known as centralized vehicle emissions testing; and WHEREAS, this centralized system has been challenged and may be replaced with a hybrid program requiring testing based on the age of the automobile with some automobiles being tested at centralized facilities and others at decentralized facilities; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of University Park that it respectfully requests and supports the following: A fair and cost-effective program that would ensure a healthy environment, and A committed effort by the appropriate state elected officials and members of the Texas Natural Resource Conservation Commission to secure the most convenient and cost effective vehicle emissions testing program possible which grants full credits under the State Implementation Plan, and Federal legislation which extends the Clean Air Act deadline for achieving the air quality standards in the four-county non-attainment area from the year 1996 to 1998 so that the Act can be revisited for the purpose of reviewing its underlying science to assure that the assumed extent and causes of the air pollution problems in the North Central Texas region are as accurate as possible and that the control measures designed to abate this pollution are cost effective. PASSED AND APPROVED this the 4th day of April, 1995. ATTEST: CITY SECRETARY RESOLUTION NO. 9 5- 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO APPROVE ANNUAL CONTRACTS REQUIRING EXPENDITURE OF LESS THAN $10,000 FROM BUDGETED FUNDS OF THE CITY; REQUIRING A FISCAL IMPACT STATEMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Manager be, and is hereby, authorized and directed to approve and execute all City contracts which call for an expenditure of $10,000 or less from budgeted funds of the City and which call for routine, repetitive, or annual acquisition of necessary services or supplies. SECTION 2. A recommendation for current or future expenditure of City funds presented to the City Manager for consideration and approval shall be accompanied by a fiscal impact statement prepared by the department head or staff member making the recommendation, and such statement shall indicate the source of funds from which such expenditure will be made and the total dollar amount required to fund the obligation being assumed by the City by virtue of such approval by the City Manager. SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 19th day of April, 1995. APPROVED AS TO FORM: CITY ATI~ORNEY APPROVED: MAYOR ATTEST: CITY SECRETARY RESOLUTION NO. 9 5- 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE TRANSFER OF THE EXISTING CABLE TELEVISION FRANCHISE FROM SAMMONS COMMUNICATIONS, INC., TO MARCUS CABLE ASSOCIATES, L.P., AND THE ASSIGNMENT OF THE ASSETS AND THE FRANCHISE AS COLLATERAL; WAIVING THE CITY'S RIGHT OF FIRST REFUSAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the cable television franchise in the City of University Park (the "Franchise") is currently owned and operated by Sammons Communications, Inc. (the "Franchisee"); and WHEREAS, pursuant to that certain Asset Purchase Agreement dated as of April 5, 1995, (the "Purchase Agreement") by and between Marcus Cable Associates, L.P., a Delaware limited partnership, as buyer ("Buyer"), and Sammons Communications, Inc., a Delaware corporation, Sammons Communications of Connecticut, Inc., a Connecticut corporation, Sammons Communication of Washington, Inc., a Delaware corporation, Sammons Communications of Texas, Inc., a Texas corporation, Sammons Communications of Illinois, Inc., a Delaware corporation, Sammons Communications of Virginia, Inc., a Delaware corporation, Sammons Communications of Mississippi, Inc., a Delaware corporation, Sammons of Indiana, an Indiana general partnership, and Sammons of Fort Worth, a Texas general partnership, as sellers (collectively, "Seller", unless the context otherwise requires), the City of University Park (the "Franchising Authority") has received a request for approval to assign the Franchise and transfer the CATV ordinance from the Franchisee to Buyer, or at Buyer's election, any affiliated entity controlling, controlled by, or under common control with Buyer (Buyer, or any such entity, a "Transferee"); and WHEREAS, Transferee, as the proposed assignee and transferee of Franchisee, from and after the date of the closing of the transactions described in the Purchase Agreement, shall assume and agree to perform each and every obligation of the Franchisee under the Franchise; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the sale, transfer and assignment of the rights, responsibilities and benefits of the Franchise from Franchisee to Transferee is hereby permitted and approved in all respects. AGG072CA SECTION 2. That the Franchise and the related Cable Television Franchise Ordinance is in full force and effect without default by the Franchisee and in accordance with its terms and conditions and no breach has occurred or is continuing under the Franchise to the knowledge of the City of University Park to the date hereof. SECTION 3. That the City of University Park, Texas, as Franchising Authority, hereby waives any rights of first refusal that it may have to assume the Franchise upon notice of any proposed transfer contemplated from the Franchisee to a Transferee. SECTION 4. The Transferee may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender ("Secured Party") providing f'mancing to Transferee, from time to time. Consent to such a transfer is hereby deemed approved if the collateral is assigned and transferred as a result of a foreclosure. SECTION 5. The consent to transfer herein provided shall be effective upon and only effective concurrently with the closing of the transactions described in the Purchase Agreement and the subsequent transfer of the assets related to the Franchise to Transferee, and Transferee shall notify the City of University Park promptly upon the closing of such transactions. SECTION 6. This Resolution shall take effect immediately from and after its passage and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 14t:h day of August, 1995. AGG072CA APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 8-04-95) AGG072CA RESOLUTION NO. 9 5-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE 1995 APPRAISAL ROLL OF THE DALLAS CENTRAL APPRAISAL DISTRICT FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's assessor and collector of taxes has submitted to the City Council the 1995 tax appraisal roll compiled by the Dallas Central Appraisal District; and WHEREAS, the City Council is of the opinion that the 1995 appraisal roll should be approved and adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS; SECTION 1. That the 1995 appraisal roll for the City of University Park, as presented by the Dallas Central Appraisal District, be, and the same is hereby, approved and adopted in all respects showing a total appraised property value of $2,501,405,430, new property added to the tax roll of a taxable value of $53,995,470, and a total taxable value of property for 1995 of $1,950,390,694. SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of September, 1995. .~-A. RPROVED AS TO F~.I~M: ,,~ /'~ CITY ATTORNEY (RLD/clda 08-16-95) APPROVED: /'MAYOR ATTEST: CITY SECRETARY AGG07343 RESOLUTION NO. 9 5-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR SUSPENSION OF A REQUESTED RATE INCREASE FROM LONE STAR GAS COMPANY FOR A PERIOD OF NINETY (90) DAYS FROM OCTOBER 9, 1995; PROVIDING EXCEPTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Lone Star Gas Company has filed appropriate documents with the City of University Park requesting to change the rates charged for residential and commercial natural gas service in the City; and WHEREAS, the proposed rates will result in an estimated annual revenue increase of $221,699; and WHEREAS, the City Council has determined that it is in the City's best interest to suspend the proposed rate increase for the time permitted by law to permit it to give due consideration to the appropriate level of increase; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the proposed increase in the rates for gas service and for utility service charges as filed by Lone Star Gas Company on September 1, 1995, be suspended for the maximum period allowed by law in order to permit the City Council to give due consideration to the appropriate level of increase for such rates and charges. SECTION 2. The suspension period shall run for ninety (90) days from the proposed effective date of October 9, 1995, unless the City Council takes final action at an earlier date to approve new rates for gas service and new utility service charges for the City of University Park. SECTION 3. During the period of suspension of the rate increase request, the staff of the City is directed to study the request in more detail and to prepare an analysis and recommendation to the City Council for action on the request. -_ AGGO751B SECTION 4. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. The City Secretary is directed to furnish a conformed copy of this Resolution to the responsible officer of Lone Star Gas Company, giving notice of the suspension of action on the rate change request. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of September, 1995. APPROVED: "MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 9-14-95) CITY SECRETARY AGGO751B RESOLUTION NO. 9 5-J- 1 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING THE FORM OF A SERVICE FEE DECLARATION IN ACCORDANCE WITH ORDINANCE NO. 89/29; DECLARING A 9-1-1 EMERGENCY SERVICE FEE; AUTHORIZING EXECUTION BY THE MAYOR; AUTHORIZING EXECUTION OF AN AGREEMENT FOR BILLING BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and Southwestern Bell Telephone Company executed an "Agreement for Billing the City of University Park' s 9-1-1 Emergency Service Fee" in December, 1989; and WHEREAS, the term of such Agreement has expired and requires renewal; and WHEREAS, it is necessary to execute a Service Fee Declaration to renew the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the 9-1-1 Emergency Service Fee Declaration, attached hereto as Exhibit "A" and made a part hereof for all purposes, be, and the same is hereby, approved for execution on behalf of the City. That the Mayor be, and is hereby, authorized and directed to execute said declaration on behalf of the City of University Park. SECTION 2. That pursuant to said Declaration and the provisions of Ordinance No. 89/29, Southwestern Bell Telephone Company will prepare an "Agreement for Billing the City of University Park's 9-1-1 Emergency Service Fee" and present the same to the City for review and approval. That the City Manager be, and he is hereby, authorized and directed to review said Agreement and to execute the same on behalf of the City of University Park if he finds that it is consistent with the Declaration, with Ordinance No. 89/29, and with the previous Agreement and representations of the Telephone Company with regard thereto. The City Council hereby further approves renewal of the fee at the existing six percent (6%) rate and that the same may AC~7.~0~48D automatically renew until the City Council shall determine otherwise or that the fee should be changed. SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of September , 1995. APPROVED: MAYOR " ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 9-6-95) CITY SECRETARY AGG0748D 9-1-1 EMERGENCY SERVICE FEE DECLARATION The City Council of the City of University Park in accordance with Ordinance No. 89/29, does hereby declare that a 9-1-1 emergency service fee shall be charged at a rate of 6% of the tariffed base rate (recurring monthly charge, exc-I-~sive of all taxes, fees, license costs or similar charges) of Southwestern Bell Telephone Company per exchange access arrangement per month on each class of service, with the emergency service fee capped as follows: RESIDENCE $ 0.62 BUSINESS $ 1.51 TRUNKS $ 2.50 provided, however, that no 9-1-1 emergency service fee shall be imposed upon more than 100 local exchange access lines or trunks per telephone subscriber per location and further provided that no 9-1-1 emergency service fee shall be imposed upon any local exchange access line or trunk which is connected to any coin operated or coin/card-reader-operated telephone equipment. The City of University Park desires that the billing for the 9-1-1 emergency service fee specified above shall commence -' of January, 1996 ~ark further declares that the t forth above shall be applied Company's telephone subscribers municipal boundaries and Company's Dallas Metropolitan tariffs filed with the Public e of Texas), whose combined Tax identifier are as follows: ~x(s) il .~1 ~tember , 1995. ity of Universi.ty Park i tle: '/~'/~ ~/~L'~ EXHIBIT "A" 9-1-1 EMERGENCY SERVICE FEE DECLARATION The City Council of the City of University Park in accordance with Ordinance No. 89/29 , does hereby declare that a 9-1-1 emergency service fee shall be charged at a rate of 6% of the tariffed base rate (recurring monthly charge, exclusive of all taxes, fees, license costs or similar charges) of Southwestern Bell Telephone Company per exchange access arrangement per month on each class of service, with the emergency service fee capped as follows: RESIDENCE $ 0.62 BUSINESS $ 1.51 TRUNKS $ 2.50 provided, however, that no 9-1-1 emergency service fee shall be imposed upon more than 100 local exchange access lines or trunks per telephone subscriber per location and further provided that no 9-1-1 emergency service fee shall be imposed upon any local exchange access line or trunk which is connected to any coin operated or coin/card-reader-operated telephone equipment. The City of University Park desires that the billing for the 9-1-1 emergency service fee specified above shall commence with the first day of the month of February, 1995. The City of University Park further declares that the 9-1-1 emergency service fee set forth above shall be applied to Southwestern Bell Telephone Company's telephone subscribers located within the City's municipal boundaries and Southwestern Bell Telephone Company's Dallas Metropolitan Exchange (as defined by the tariffs filed with the Public Utility Commission of the State of Texas), whose combined Tax Area (TAR) code and Wire Center identifier are as follows: TAR Code(s) NNX(S) UPK 361 521 Executed this 20th day of September , 1995 · RESOLUTION NO. 9 5-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING INTERVENTION BY THE CITY OF UNIVERSITY PARK IN PUBLIC UTILITIES COMMISSION DOCKET 14634; AUTHORIZING EMPLOYMENT OF AN ATTORNEY FOR REPRESENTATION OF THE CITY IN SUCH INTERVENTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TCG-Dallas has filed an Application for Certificate of Operating Authority with the Public Utilities Commission of Texas; and WHEREAS, such Application requests authority to provide local exchange and exchange access telecommunications services in the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to intervene in PUC Docket 14634 to protect the position of the City relative to the use of public rights-of-way; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Manager be, and is hereby, authorized to employe the fh'm of Buffer, Porter, Gay & Day of Austin, Texas, to file an appropriate intervention in PUC Docket 14634 on the Application of TCG-Dallas for provision of certain telecommunications services in the City. SECTION 2. That the City Manager is further directed to take such steps as may be necessary to protect the position of the City of University Park with regard to this Application, specifically to protect the City's right to require a franchise from TCG-Dallas for the use of public streets and rights-of-way and to otherwise regulate TCG-Dallas as permitted by law. SECTION 3. That because the deadline for intervention has passed, actions taken by the City Manager and the attorneys authorized hereby are hereby ratified in all respects as if done subsequent to the enactment of this Resolution. AC.-CdY/51C SECTION 4. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of September, 1995. APPROVED: ATTEST: APPROVED AS TO FORM: f-'"'x~ CITY ATTORNEY ~ (RLD/ckh 9-14-95) CITY SECRETARY AGG(Y/51C RESOLUTION NO. 9 5-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR RECONSTRUCTION OF A SANITARY SEWER MAIN IN THACKERAY STREET FROM LOVERS LANE TO TURTLE CREEK; MAKING FINDINGS EXEMPTING SUCH CONTRACT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, during construction of water and sewer mains in the alley between Amherst and Stanford at and near the intersection of Thackeray Street, it was discovered that the existing eighteen inch (18") sanitary sewer trunk main running north and south in Thackeray was in a seriously deteriorated condition; and WHEREAS, an immediate procurement is necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, the deteriorated condition is unforseen damage to public equipment and must be immediately remedied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council finds and determines that the above conditions exist and that it is necessary to preserve the public health and safety of the City's residents and because of the unforseen damage to the sanitary sewer trunk main, that the City enter into an immediate contract for reconstruction without complying with the competitive bidding requirements of Chapter 252 of the Local Government Code. SECTION 2. That the City Manager be, and he is hereby, authorized and directed to execute a contract with BAR Constructors in the amount of $ 247,060 for reconstruction of the sanitary sewer trunk main running north and south in Thackeray Street, from the point of its intersection with Lovers Lane to the point of its intersection with Turtle Creek Boulevard, such reconstruction consisting of a new twenty inch (20") PVC sanitary sewer AGG07544 trunk main located and constructed in accordance with appropriate engineering plans and specifications. SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of October , 1995. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 9-18-95) CITY SECRETARY RESOLUTION NO. 9 5-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND DALLAS COUNTY TO PROVIDE FOR THE OVERLAY OF VARIOUS CITY STREETS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City/County Agreement for the overlay of various City streets, attached hereto as Exhibit "A" and made a part hereof for ail purposes, be, and the same is hereby, approved in all respects. SECTION 2. That all costs for which the City of University Park is responsible under such Agreement shall be payable out of current revenues available to the City. SECTION 3. That the City Manager be, and he is hereby, authorized and directed to execute said Agreement on behalf of the City of University Park. SECTION 4. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of October , 1995. APPROVED: APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 10-2-95) MAYOR ATTEST: CITY SECRETARY AGG07629 EXHIBIT "A" STA~ OF ~ X ~ OF Di~r.r.~ X WHEREAS, the City of University Park, Texas, hereinafter called "City", and the County of Dallas, hereinafter called "County", want to enter into an agreement to permit the City to utilize the County's HMAC Contractor, to perform their asphalt overlay work; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal contracts. NOW, THEREFORE, THIS MEMORANDUM OF AGREEMENT is hereby made and entered into by City and County upon and for the mutual consideration stated herein: W I T N E S $ E T H: City to administer and construct overlay of various City Streets, utilizing the County's HMAC Contract. II. City will provide inspection of all overlay work and pay contractor direct for work performed by the County's HMAC contractor under the County's annual HMAC contract. III . The City shall notify and inform the affected residents, citizens and persons lawfully using the public rights-of-way of the work to be done. The City shall locate all manholes, water valves, and other utilities that are in the paving grade and shall furnish location information to the County~ contractor prior to commencement of the work hereunder and ~or work performed by the County's contractor. The contractor shall furnish all traffic control, lights, barricades, and signs used during the term of the work. The City shall be responsible for any necessary grade adjustments on utilities. The county agrees to be responsible for any liability or damages the county may suffer as a result o~ clain%s, demands, costs or judgments against the County, including workers' compensation claims, arising out o~ the performance o~ the work and services under this agreement, or arising ~rom accidents, injury or damage, whatsoever, to any person or persons, or to the property o~ any person(s) or corporation(s) occurring during the performance of this agreement and caused by the sole negligence of the county, its agents, o~icers and/or employees. The City agrees to be responsible ~or any liability or damages the City may su~fer as a result of claims. ~ema~ds, costs or judgments against the City, including workers' compensation claims, arising out of the performance o~ the work and ~ervices under this agreement, or arising from accidents, injury or damage, whatsoever, to any person or persons, or to" the property of any person(S) or corporation(s) occurring during the performance o~ this agreement and caused by the sole negligence o~ the City, its agents, o~ficers and/or employees. City and County agree that any such liability or damages as stated above occurring ~uring the performance o~ this agreement caused by the joint or comparative negligence o~ their employees, agents and officers shall be ~etermined in accordance with comparative responsibility laws o~ this state. The City is authorized to execute this Interlocal Agreement under authority of the City o~ University Park Resolution No. 95-14 _. adopted October 3, 1995 ~. The County is authorized t~ execute thi~ Interlocal Agreement under authority of Dallas County Commissioners Court Order No.= 95-1912 authorized on October 31, 1995 It is agreed by the Cit~ and county that no work will commence h~reunder until this Inturlocal Agreement has been fully executed by the parties hereto. This Inter[ocal Agreement may not be assigned, embodies the entire agreement between the parties, and may not be amended exoept in writing. EXECUTED by the parties hereto on the day and year first above written. ATTEST: ROVED AS City Attorney CITY OF UNIVERSITY PARK By:¢~ ~(.~~ City- COUN~ D~LLAS~ Lee F. J~.k~on RESOLUTION NO. 9 5-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY'S PARTICIPATION IN A PROGRAM FOR CONVERTING NEW AND EXISTING VEHICLES FROM CONVENTIONAL FUELS TO ALTERNATIVE FUELS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF THE ALTERNATIVE FUELS PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation has proposed an agreement for funding of an alternative fuels program under the provisions of the Intermodal Surface Transportation Efficiency Act of 1991 and other applicable Federal law; and WHEREAS, the City of University Park desires to participate in the alternative fuels program and receive available funds for the conversion of new and existing vehicles to alternative fuels to assist in the reduction of ozone forming emissions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That participation of the City of University Park in the alternative fuels program as described herein, administered by the State of Texas through the Texas Department of Transportation be, and the same is hereby, approved. SECTION 2. That the City Manager be, and is hereby, authorized and directed to execute an agreement for funding of alternative fuels program, a true copy of which is attached to this Resolution as Exhibit "A" and made a part hereof for all purposes, on behalf of the City of University Park. The City Manager is further authorized and directed to carry out the terms and conditions required by the agreement to be performed by the City of University Park or cause the same to be done by his authorized representative. SECTION 3. That this Resolution authorizing the City's participation in the alternative fuels program shall take effect immediately from and after its passage as the law in such cases provides, and it is accordingly so resolved. AGG07868 7~-~h DULY PASSED by the City Council of the City of University Park, Texas, on the day of November, 1995. APPROVED: MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/¢kh 11-02-95) CITY SECRETARY AGG07868 EXHIBIT "A" Agreement No. %~-~O5~&0~ STATE OF TEXAS * COUNTY OF D~LT.~S * AGREEMENT FOR FUNDING OF ALTERNATIVE FUELS PROGRAM THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of University Park, acting by and through its authorized officials, hereinafter called the "Recipient". W I TN E S SETH WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101 et seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and progr'ams for urbanized areas of the State; and WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of funding for CMAQ programs will not exceed eighty percent (80%) of the cost of the desired activity; and WHEREAS, Dallas, Tarrant, Collin and Denton Counties have been designated by the Clean Air Act Amendments of 1990 as an ozone nonattainment area, and thus qualifies for CMAQ funds; and WHEREAS, the North Central Texas Council of Governments, hereinafter identified as "NCTCOG", as the Metropolitan Planning Organization for the Dallas- Fort Worth Metropolitan area and Denton and Lewisville urbanized areas, has the 8/22/95 Page 1 of 7 responsibility for developing transportation control measures for the State implemention plan to assist in the reduction of ozone-forming mobile emissions; and WHEREAS, a . program of converting new and existing vehicles from conventional fuels to alternative fuels is desired, to be hereinafter identified as the "Alternative Fuels Program"; and WHEREAS, CMAQ funds have been made available to the State through the U.S. Department of Transportation for the advancement of the Alternative Fuels Program; and WHEREAS, NCTCOG has submitted the Alternative Fuels Program through the Texas Natural Resource Conservation Commission to the U.S. Environmental Protection Agency for incorporation in the State implementation plan to assist in the reduction of ozone-forming mobile emissions; and WHEREAS, the State and the Recipient desire to en.ter into'this agreement to establish the parties' obligations and responsibilities associated with the Alternative Fuels Program; and WHEREAS, on the~day of , 19__, the Recipient's ruling board, passed Resolution No. , attached hereto and identified as EXHIBIT A, authorizing the Recipient's participation in the Alternative Fuels Program; and WHEREAS, on the 29th day of July, 1993, the State's Texas Transportation Commission passed Minute Ord~ No. 102542, attached hereto and identified as EXHIBIT B, authorizing the Alternative Fuels Program through the State Transportation Improvement Program; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONTRACT PERIOD This agreement shall become effective on the date of final execution by the State and shall terminate upon completion of all vehicle conversions 8/4/95 Page 2 of 7 subject to this Agreement or unless terminated or modified as hereinafter provided. SCOPE OF PROJECT The Recipient shall agree to the terms and conditions of the Specifications for Public Sector, Non-Transit Alternative Fuel Vehicles, attached hereto and identified as EXHIBIT C. FUNDING RESPONSIBILITIES The maximum amount payable under this cost reimbursement agreement is $ This amount is based on the Cost Estimate, attached hereto and identified as EXHIBIT D. The Recipient will be responsible for securing the non-federal funding share required for financing the Alternative Fuels Program. The Recipient will not incur any cost for reimbursement until authorized by the State. State authorization will not be granted until both FHWA authorization, to be attached hereto as EXHIBIT E, is grantedl and, this Agreement is fully executed. Costs incurred by the Recipient prior to the above conditions will not be eligible for reimbursement. The Recipient shall comply with the cost principles established in OMB Circular A-87, "Cost Principles for State and Local Government s" . REIMBURSEMENT The State will reimburse the Recipient for properly supported costs incurred under the terms and conditions of this agreement. The reimbursement of costs will only include those applicable federal participating funds. The Recipient shall submit the State's Form 132, Billing Statement, or other type of invoice acceptable to the state to the following address: Texas Department of Transportation 9700 East R.L. Thornton Dallas, Texas 75228 All billing statements shall be properly documented, summarizing the costs by description of Work performed and other incidental costs. The State will make payment to the Recipient within thirty (30) days from receipt of 8/4/95 Page 3 of 7 Se 6e the Recipient's request for payment, provided that the request is properly prepared, executed, and documented. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. If applicable or necessary the State will prepare a final audit upon completion of the services authorized herein or at any time an audit is deemed to be in the best interest of the State. TERMINATION This agreement may be terminated by one of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the State, upon thirty (30) days written notice to the Recipient as a consequence of failure by the Recipient to perform the services and obligations set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the Recipient as determined by the State. (3) By either party, upon thirty (30) days written notice to the other. Termination of this agreement shall extinguish all rights, duties, obligations or responsibilities established under this agreement. The Recipient will not incur any costs eligible for reimbursement during the thirty (30) day notice periods established hereabove. INDEMNIFICATION The Recipient acknowledges that it is not an agent, servant, or employee of the State, and that-it is responsible for its own acts and deeds and for those if its agents or employees. REMEDIES Violation or breach of contract terms by the Recipient shall be grounds for termination of the agreement, and any increased cost arising from the Recipient's default, breach of contract, or violation of terms shall be paid by the Recipient. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. 8/4/95 Page 4 of 7 10. 11. AMENDMENTS Changes in the time frame, character, responsibilities, or obligations authorized herein shall be enacted by written amendment. Any amendment to this agreement must be executed by both parties. SUBLETTING The Recipient shall not assign or otherwise transfer its rights or obligations under this agreement without the prior written consent of the State. INSPECTION OF RECIPIENT'S BOOKS AND RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the Recipient for the purpose of checking the amount of the costs incurred by the Recipient at the time of contract termination. The Recipient shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or its duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of final payment under this contract or until impending litigation is resolved. Additionally, the State, FHWA and its duly authorized representatives shall have access to all records of the Recipient which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 8/4/95 Page 5 of 7 12. 13. 14. OMB CIRCULAR NO. A-128 AUDIT REQUIREMENT The Recipient shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128. COMPLIANCE WITH LAWS The Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court, administration bodies, or tribunals in any mat~er affecting the performance of the agreement. NOTICES All notices or documentation to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State: Texas Department of Transportation 9700 East R.L. Thornton Freeway Dallas, Texas 75228 Recipient: City of University Park 3800 University Boulevard University Park, Texas 75205 15. Ail notices and documentation shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. SOLE AGREEMENT This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8/22/95 Page 6 of 7 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. City of University Park ~ Name ~f~ Recipient F.B. Pete Goldman Typed Name Mayor Title November 7, 1995 Date City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 100002 and Administrative Circular 26-93, for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: Bob Cuellar, P.E. Deputy Executive Director for Transportation Planning and Development Date- 8/4/95 Page 7 of 7 RESOLUTION NO. 95-16 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT· WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of the Texas Property Tax Code) as follows: The City of Dallas shall appoint one (1) member to the Board. The Dallas Independent School District shall appoint one (1) member to the Board. The Dallas County Commissioners' Court shall appoint one (1) member to the Board. The member appointed by the Dallas County Commissioners' Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors. The said cities and towns shall, from among the nominations received, elect by a majority vote, with each city and town being entitled to one (1) vote, the fourth member of the Board of Directors. Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall, from the nominations received, elect by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum; and WHEREAS, the City of University Park does hereby cast its vote by marking the ballot below (check one only): Don Doty Melvin Edwards Milburn R. Gravley Reta Howze Thomas B. Landrum Ralph Harris Poteet NOW THEREFORE, BE IT RESOLVED by the City Council of the City of University Park, Texas, that the City Council does hereby confirm its one (1) vote for the election of Thomas B. Landrum as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal District. PASSED AND APPROVED this the 7th day of November, 1995. ATTEST: RESOLUTION NO. 95-17 A RESOLUTION OF T~E CITY OFUNIVERSITY PARK, DALLAS COUNTY, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTHICT. WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of the Texas Property Tax Code) as follows: The City of Dallas shall appoint one (1) member to the Board. ° The Dallas Independent School District shall appoint one (1) member to the Board. ° The Dallas County Commissioners' Court shall appoint one (1) member to the Board. The member appointed by the Dallas County Commissioners' Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. o Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors. The said cities and towns shall, from among the nominations received, elect by a majority vote, with each city and town being entitled to one (1) vote, the fourth member of the Board of Directors. o Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall, from the nominations received, elect by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum, and WHEREAS, 'the City of University Park does hereby cast its vote by marking the ballot below: (Check one only) [~W~ Thomas B. Landrum [] Ralph Harris Poteet NOW, THEREFORE BE IT RESOLVED that the City Council of the City of University Park, does hereby confirm its one (1) vote for the election of Thomas B. Landrum as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal District. PASSED AND APPROVED, this the 5th day of December, 1995. Mayor ATTEST: CITY SECRETARY SEAL: RESOLUTION NO. 9 6-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, EXTENDING UNTIL JANUARY 17, 1996, DETERMINATION OF A RATE REQUEST BY LONE STAR GAS COMPANY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 1, 1995, Lone Star Gas Company filed a rate request with the City seeking a 4.6 percent rate increase; and WHEREAS, the City Council delayed determination of the request by appropriate resolution; and WHEREAS, it is necessary to further delay a determination to receive final input from a utility consultant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the rate request of Lone Stax Gas Company, originally filed on September 1, 1995, and suspended until January 4, 1996, be, and the same is hereby, further suspended until January 17, 1996, at which time the City Council will make a final determination. SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of January, 1996. APPROVED: MAYOR AGG07BSD ATTEST: ..... APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 12-18-95) CITY SECRETARY AGG07B5D RESOLUTION NO. 96-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, CALLING AN ELECTION ON SATURDAY, MAY 4, 1996, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCILMEMBERS; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: That the City Council of the City of University Park, Texas hereby orders that an election be held in the City of University Park, Texas, on the 4th day of May, 1996 to elect a Mayor for a two (2) year term and four (4) Councilmembers for two (2) year terms. Section 1: That the candidate receiving a majority of all votes cast for Mayor shall be elected for a two (2) year term and the four (4) candidates receiving the highest number of votes cast for Councilmember shall be elected for two (2) year terms. The polling place for said election shall be the University Park City Hall, 3800 University Boulevard. The polls shall be open from 7:00 a.m. to 7:00 p.m. None but legally qualified voters of the City shall be entitled to vote at said election. Section 2: Notice of said election shall be posted, not later than April 15, 1996, on the bulletin board used to publish notice of City Council meetings. The person posting the notice shall make a record at the time of posting stating the date and place of posting. Notice of said election shall be published in the official newspapers of the City one (1) time not earlier than April 4, 1996, and not later than April 24, 1996. The City Secretary shall secure affidavits of publication from the official newspapers giving a record of the date and fact of publication. Section 3: D. A. Sharpe is hereby appointed Presiding Election Judge and Marion C. Baker is hereby appointed Alternate Presiding Election Judge. The Presiding Election Judge shall appoint two (2) election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. All Judges and Clerks shall be qualified voters of the City. Section 4: Early voting for the election shall be held at the office of the City Secretary at the City Hall on April 15, 1996 to April 30, 1996 between the hours of 8:00 a.m. and 5:00 p.m. Section 5: After holding the election, the Presiding Election Judge shall promptly deliver return to the City Secretary and to the Mayor, and the City Secretary shall thereafter present such returns to the City Council for the canvassing of said election. The Presiding Election Judge and Alternate Presiding Election Judge and all Clerks appointed by the Presiding Election Judge shall be paid the sum of Six Dollars ($6.00) per hour for their services in conducting the election, and not exceeding pay for more than one (1) hour of work before the polls open. The Election Judge or Clerk who delivers the records, keys to the ballot box or voting machine, other election equipment, and unused election supplies after the election shall be entitled to additional compensation in the amount of Twenty-five Dollars ($25.00). The election returns shall be canvassed by the City Council not earlier than the 2nd day or later than the 6th day after the election day at a time set by the Mayor. The City Council shall canvass the returns as provided by law and upon completion shall declare the results, and the person receiving the majority of all votes cast for Mayor shall be elected Mayor and the four (4) persons receiving the highest number of votes for City Councilmember shall be elected. Such elected officers may enter upon their duties as soon as they have qualified and taken the oath of office as provided by law. PASSED AND APPROVED this 6th day of February, 1996. ~{AYOR City of University Park, Texas ATTEST: CITY SECRETARY City of University Park, Texas RESOLUCION NUM. 96-2 UNA RESOLUCION DEL CONCEJO MUNICIPAL DE LA CIUDAD DE UNIVERSITY PARK, LLAMANDO UNA ELECCION EL SABADO, 4 DE MAYO DE 1996, CON EL FIN DE ELEGIR A UN ALCALDE Y A CUATRO CONCEJALES; Y ESTIPULANDO UNA FECHA VIGENTE. AHORA, POR CONSIGUIENTE, ES RESUELTO POR EL CONCEJO MUNICIPAL DE LA, CIUDAD DE UNIVERSITY PARK, TEXAS: Que el concejo Municipal de la Ciudad de University Park, Texas, por este medio ordene que se lleve a cabo una eleccion en la Ciudad de University Park, Texas, el 4 de mayo de 1996, para elegir a un Alcalde para desempe~ar el cargo por un periodo de dos (2) anos y a cuatro~(4) Concejales para desempe~ar el cargo por un periodo de dos (2) anos. Seccion 1: Que el candidate que reciba la mayoria de los votos dados para Alcalde sea elegido para desemp~ar el cargo por un periodo de dos (2) an~os y los cuatro (4) candidatos que reciban la mayor parte de los votos dados para Concejales sean elegidos para desempenar el cargo por un periodo de dos (2) an~s. E1 lugar para votar en dicha eleccion estara en la Municipalidad de University Park, 3800 University Boulevard. E1 lugar de votos estara abierto desde las 7:00 de la man-ana hasta las 7:00 de la noche. Nadie mas que los votantes legales y calificados de la Ciudad tendran el derecho de votar en dicha eleccion. Seccion 2: Se fijara aviso de dicha eleccion no mas tarde que el 15 de abril de 1996, en el tablon donde se colocan anuncios empleado para publicar aviso de reuniones del Concejo Municipal. La persona encargada de fijar el aviso anotara al colocarlo declarando la fecha y lugar del anuncio. Se publicara el aviso de dicha eleccion en los periodicos oficiales de la Ciudad una. (1) vez no antes del 4 de abril de 1996, y no despues del 24 de abril de 1996. E1 Secretario Municipal afirmara un afidavit de publicacion de los periodicos oficiales dando informe de fecha y hecho de publicacion. Seccion 3: D.A. Sharpe es nombrado por este medio Juez Actuante de Eleccion y Marion C. Baker es nombrada por este medio Juez Actuante Suplente de Eleccion. E1 Juez Actuante de Eleccion nombrara a dos (2) Escribientes electorales y a tantos mas Escribientes como sea necesario para llevar a cabo adecuadamente la eleccion. Todos los Jueces y Escribientes seran votantes calificados de la Ciudad. Seccion 4: Se llevaran a cabo los primeros votos de eleccion en la oficina del Secretario Municipal en la Municipalidad el 15 de abril de~1996, al 30 de abril de 1996, entre las horas de las 8:00 de la manana y las 5:00 de la tarde. Seccion 5: Despues de llevar a cabo la eleccion, - el Juez Actuante de Eleccion rapidamente llevara los resultados al Secretario Municipal y al Alcalde, y el Secretario Municipal de alli en adelante presentara dichos resultados al Concejo Municipal para el escrutinio de dicha eleccion. Se pagara al Juez Actuante de Eleccion y al Juez Actuante Suplente de Eleccion y a todo Escribiente nombrado por el Juez Actuante de Eleccion el total de Seis Dolares ($6.00) por hora pot su trabajo en llevar a cabo la eleccion, y no sobrepasando pago por mas de una (1) hora antes de abrirse el lugar de votos. E1 Juez de Eleccion o Escribiente que entregue los documentos, las llaves de la urna electoral o aparato para votar, otro equipo electoral, y surtidos de eleccion no usados despues de la eleccion tendra el derecho de recibir recompensa adicional en la cantidad de Veinte y Cinco Dolares ($25.00). Los resultados de la eleccion seran examinados por el Concejo Municipal no mas antes del 2 dia ni despues del 6 dia a partir del dia de eleccion a la hora nombrada por el Alcalde. E1 Concejo Municipal examinara los resultados como se estipula por ley y al cumplirlo declarara los resultados finales, y la persona que reciba la mayoria de los votos dados para Alcalde sera elegido como Alcalde y las cuatro, (4) personas que reciban la mayor cantidad de los votos para desempenar el cargo de Consejal se declarara elegido. Dichos elegidos oficiales podran empezar a desempenar sus cargos tan pronto como sean calificados y hayan prestado juramento al asumir su cargo como estipulado por ley. APROBADA Y ACEPTADA este dia 6 de febrero de 1996. ALCALDE Ciudad de University Park, Texas ATESTIGUO: SECRETARIO MUNICIPAL ~ Ciudad de University Park, Texas RESOLUCION NUM. 96-2 UNA RESOLUCION DEL CONCEJO MUNICIPAL DE LA CIUDAD DE UNIVERSITY PARK, LLAMANDO UNA ELECCION EL SABADO, 4 DE MAYO DE 1996, CON EL FIN DE ELEGIR A UN ALCALDE Y A CUATRO CONCEJALES; Y ESTIPULANDO UNA FECHA VIGENTE. AHORA, POR CONSIGUIENTE, ES RESUELTO POR EL CONCEJO MUNICIPAL DE LA, CIUDAD DE UNIVERSITY PARK, TEXAS: Que el concejo Municipal de la Ciudad de University Park, Texas, por este medio ordene que se lleve a cabo una eleccion en la Ciudad de University Park,~Texas, el 4 de mayo de 1996, para elegir a un Alcalde para desempenar el cargo por un periodo de dos (2) anos y a cuatro (4) Concejales para desempe~ar el cargo por un periodo de dos (2) an-os. Seccion 1: Que el candidate que reciba la mayoria de los votos dados para Alcalde sea elegido para desemp~ar el cargo por un periodo de dos (2) an~os y los cuatro (4) candidatos que reciban la mayor parte de los votos dados para Concejales sean elegidos para desempenar el cargo por un periodo de dos (2) an"os. E1 lugar para votar en dicha eleccion estara en la Municipalidad de University Park, 3800 University_Boulevard. E1 lugar de votos estara abierto desde las 7:00 de la manana hasta las 7:00 de la noche. Nadie mas que los votantes legales y calificados de la Ciudad tendran el derecho de votar en dicha eleccion. Seccion 2: Se fijara aviso de dicha eleccion no mas tarde que el 15 de abril de 1996, en el tablon donde se colocan anuncios empleado para publicar aviso de reuniones del Concejo Municipal. La persona encargada de fijar el aviso anotara al colocarlo declarando la fecha y lugar del anuncio. Se publicara el aviso de dicha eleccion en los periodicos oficiales de la Ciudad una. (1) vez no antes del 4 de abril de 1996, y no despues del 24 de abril de 1996. E1 Secretario Municipal afirmara un afidavit de publicacion de los periodicos oficiales dando informe de fecha y hecho de publicacion. Seccion 3: D.A. Sharpe es nombrado por este medio Juez Actuante de Eleccion y Marion C. Baker es nombrada por este medio Juez Actuante Suplente de Eleccion. E1 Juez Actuante de Eleccion nombrara a dos (2) Escribientes electorales y a tantos mas Escribientes como sea necesario para llevar a cabo adecuadamente la eleccion. Todos los Jueces y Escribientes seran votantes calificados de la Ciudad. Seccion 4: Se llevaran a cabo los primeros votos de eleccion en la oficina del Secretario Municipal en la Municipalidad el 15 de abril de 1996, al 30 de abril de 1996, entre las horas de las 8:00 de la manana y las 5:00 de la tarde. Seccion 5: Despues de llevar a cabo la eleccion, - el Juez Actuante de Eleccion rapidamente llevara los resultados al Secretario Municipal y al Alcalde, y el Secretario Municipal de alli en adelante presentara dichos resultados al Concejo Municipal para el escrutinio de dicha eleccion. Se pagara al Juez Actuante de Eleccion y al Juez Actuante Suplente de Eleccion y a todo Escribiente nombrado por el Juez Actuante de Eleccion el total de Seis Dolares ($6.00) por hora por su trabajo en llevar a cabo la eleccion, y no sobrepasando pago pot mas de una (1) hora antes de abrirse el lugar de votos. E1 Juez de Eleccion o Escribiente que entregue los documentos, las llaves de la urna electoral o aparato para votar, otro equipo electoral, y surtidos de eleccion no usados despues de la eleccion tendra el derecho de recibir recompensa adicional en la cantidad de Veinte y Cinco Dolares ($25.00). Los resultados de la eleccion seran examinados por el Concejo Municipal no mas antes del 2 dia ni despues del 6 dia a partir del dia de eleccion a la hora nombrada por el Alcalde. E1 Concejo Municipal examinara los resultados como se estipula por ley y al cumplirlo declarara los resultados finales, y la persona que reciba la mayoria de los votos dados para Alcalde sera elegido como Alcalde y las cuatro, (4) personas que reciban la mayor cantidad de los votos para desempenar el cargo de Consejal se declarara elegido. Dichos elegidos oficiales podran empezar a desempenar sus cargos tan pronto como sean calificados y hayan prestado juramento al asumir su cargo como estipulado por ley. APROBADA Y ACEPTADA este dia 6 de febrero de 1996. ALCALDE Ciudad de University Park, Texas ATESTIGUO: SECRETARIO MUNICIPAL [ Ciudad de University Park, Texas RESOLUTION NO. 96-3 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A JOINT ELECTION AGREEMENT AND AN ELECTION SERVICES CONTRACT FOR THE GENERAL MUNICIPAL ELECTION OF CITY OFFICIALS TO BE HELD ON MAY 4, 1996; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas on February 6, 1996 called the General Municipal Election of City Officials to be held May 4, 1996 for the purpose of electing a Mayor and four (4) Councilmembers; and WHEREAS, the City Council proposes to enter into a joint election agreement with the Dallas County Park Cities Municipal Utility District for the May 4th election; and WHEREAS, the City Council proposes to contract with Dallas County for the Dallas County Elections Department to administer the joint election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF UNIVERSITY PARK, TEXAS SECTION That the Mayor, with concurrence of the City Council, is hereby authorized to execute a joint election agreement and election services contract in substantially the form and substance of Exhibit A attached hereto and incorporated herein for all purposes. SECTION 2 That this resolution shall take effect immediately upon its passage and approval as provided by law. DULY RESOLVED by the University Park City Council on this the 6th day of February, 1996. Mayor ATTEST: Bobbie Sharp City Secretary ELECTION SERVICE CONTRACT BETWEEN DALLAS COUNTY (COUNTY) AND CITY OF UNIVERSITY PARK (UP) PARK CITIES MUNICIPAL UTILITY DISTRICT (PCMUD) TO BE HELD SATURDAY, MAY 4, 1996 TO BE ADMINISTERED BY THE DALLAS COUNTY ELECTIONS DEPARTMENT I. JURISDICTION The City of University Park (UP) plans to hold a City Council election May 4, 1996 in the precincts located wholly within Dallas County. The Dallas County Park Cities Municipal Utility district plans to hold a Board of Directors elections for Position 1,2, and 5 located in precincts wholly within Dallas County. The Dallas County Elections Administrator is authorized by Subchapter D of Chapter 31, Texas election Code to perform the election services for this Joint election. 1I. ADMINISTRATION The Dallas County Elections Administrator agrees to coordinate, supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code and as outlined in this agreement. Each participating authority agrees to pay Dallas County for equipment, supplies, services and administrative costs as outlined in this Agreement. The Dallas County Elections Administrator will serve as administrator for the Election; however, each participating authority remains responsible for the lawful conduct of their respective election. llI. LEGAL DOCUMENTS Each participating authority will be responsible for preparation, adoption and publication of all required election orders, resolutions, notices and any other pertinent documents required by their respective governing bodies. Each participating authority will be responsible for making the submission required by the Federal Voting Rights Act of 1965, as amended, with regard to any changes which require preclearance by the U.S. Department of Justice. Preparation of necessary bilingual materials for notices and preparation of the text for the official ballot will also be the responsibility of each participating authority. Each participating authority will provide a copy of their respective election notices to the Dallas County Elections Administrator. IV. ELECTRONIC VOTING SYSTEM Each participating authority agrees that voting at the Joint Election will be by use of an electronic punch card voting system approved by the Secretary of State in accordance with the Texas Election Code. The Dallas County Elections Department will be responsible for the preparation of programs and the testing of the electronic voting system used for tabulating the ballots. The Dallas County Elections Department agrees to establish a Central Counting Station to receive and tabulate the voted ballots as outlined in Section IX of this agreement. Dallas County agrees to provide punch cards and votomatics for the Joint Election. Votomatic allocation will be based on providing one votomatic for each 600 registered voters in each election precinct, not to exceed four (4) votomatics in any given precinct unless a combination of precincts are included. Allocation will be determined by taking the maximum percentage of turnout in the most recent comparable election, plus an additional 25% of the registered voters in the election precinct who will be eligible to vote in the May 4, 1996, Joint Election, whichever is greater. It is estimated that nine (9) votomatics will be needed to conduct the May 4, 1996, Joint election. The cost for everything necessary to provide a complete system ready for operation, including yellow masks and crimp hinges for the votomatics programming and testing of equipment used at the Central Counting Station, ballot boxes, locks, punch card voting demonstrator units and other election equipment necessary for the proper conduct of the election, will be determined by multiplying the total number of votomatics by $30.00 each. V. VOTING LOCATIONS The participating authorities have selected the polling location as presented in Attachment B. The Election Administrator will arrange for the use of and payment for all voting locations. Voting precincts have been combined by mutual agreement between the participating authorities. In the event a voting location is not available, the Elections Administrator will arrange for use of an alternate location with the approval of each participating authority. The Elections Administrator will notify each participating authority of any changes from the location listed in Attachment "B". Whenever possible, each participating authority will be responsible for posting a notice on the day of the election, including a location map, at the first location which reflects an alternate location from prior election. VI. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL The Elections Administrator shall arrange for the selection, training, and compensation of the presiding judge and clerks, subject to the approval of each participating authority. Once a person has been notified of his/her selection as election judge, no changes may be made by any of the participating authorities. The Elections Administrator is responsible for notifying the election judge of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that the election judge appointed for the Joint Election is eligible to serve. The presiding judge, with the Elections Department assistance, will be responsible for insuring the eligibility of each appointed clerk hired to assist the judge in the conduct of the election. Each participating authority must provide the Elections Administrator with a list of all "candidates," as defined by the Election Code, and acknowledge any conflicts that occur between named judge. Cities that are participating authorities in the election must inform the Elections Administrator if there are any city charter requirements regarding judge or clerk eligibility. The Elections Department will hold public school of instruction on the use of punch card voting equipment and election laws on Thursday, April 25, 1996 from 6:30pm - 8:30pm at University Park City Hall, 3800 University Blvd, University Park, Texas. No election judge will be appointed unless he/she has attended an election judge training session taught by the Elections Department in the past twenty-four (24) months. The election judge is responsible for picking up election supplies at the time and place determined by the Elections Department (which will be set forth in the election judge letter requesting service for this election). Each election judge and clerk will receive $6.00 per hour (for a maximum of 14 hours). The election judge shall receive an additional $25 for services which include presiding over the Ballot Board. The Elections Administrator will employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies and equipment during the period of early voting and on election day, and for the efficient tabulation of ballots at the Central Counting Station. Part-time personnel will be paid an amount agreed to by the participating authorities as outlined in Attachment "A". Part-time personnel working in support of the Central Counting Station on election night will receive pay for at least four hours (minimum call for service), regardless of the actual hours worked. VII. SUPPLIES AND PRINTING The Elections Department will arrange for all election supplies and election printing, including, but not limited to, punch card ballots, demonstration ballots, ballot assembly pages for the votomatics, early voting ballot booklets, all forms, signs and other materials used by the election judges at the voting locations. The Elections Department will provide maps, color coded materials, instructions and other information needed to enable the election judge in the reporting precincts that have more than one ballot style to conduct a proper election. Each participating authority will furnish the Elections Administrator a list of candidates showing the order and the exact manner in which their names are to appear on the official ballot. The list will be delivered to the Elections Administrator, as soon as possible, after ballot positions have been determined by each of the participating authorities. Each participating authority will be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates. The Elections Department will be responsible for having the ballot pages printed, punched, crimped and assembled into ballot booklets and will deliver the proper ballot assemblies, with the votomatics to the voting precincts. VIII. PUNCH CARD BALLOTS The Elections Administrator will furnish enough ballot cards for the anticipated voters, as outlined in Paragragh IV, in each precinct. The Elections Administrator will furnish additional generic ballot cards for early voting if necessary. Any of these cards or generic cards remaining after the conclusion of the early voting period may be used on election day to respond to any election judge requesting additional ballots. IX. RETURNS OF ELECTIONS The Elections Department will be responsible for establishing and operating the Central Counting Station, at the University Park City Hall, 3800 University Blvd, University Park, Texas, to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this Agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003 and 127.005 of the Texas election Code, appoint the following Central Counting Station Officials: Manager -Bruce R. Sherbet Dallas County Election Administrator Tabulating Supervisor -County Representative Dallas County Presiding Judge -Bobbie Sharp City Secretary University Park The Manager or his representative will deliver timely cumulative reports of the election results as precincts are tabulated. The manager will be responsible for releasing cumulative totals and precinct returns from the election to the candidates, the press, and general public. Dallas County will operate an election result center at University Park City Hall, 3800 University Blvd, University Park, Texas. Any participating authority, upon request, may require release of return be given only at a specified location other than from the result center. Dallas County Elections Department will prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. All participating authorities will each be responsible for the official canvass of their respective elections. Dallas County Elections Department will be responsible for conducting the post election manual recount. Notification and copies of the recount will be provided. X. ELECTION EXPENSES The participating authorities agree to share costs of administering the May 4, 1996 Joint Election. A general supervisory fee not to exceed 5% of the total cost of the election shall be assessed as authorized by the Texas Election Code, Sec 31.100. Allocation of cost, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on average cost per polling place (unit cost) as determined by adding together the overall expenses and dividing expenses equally. Any special request from a participant not agreed upon by all authorities, that cost shall be borne and billed separately to that participant. The expenses for early voting by mail and personal appearance will be shared equally among each participating authority. Final election expenses will be determined within 120 days after the election. The Elections Administrator will provide each participating authority with a final accounting in writing of all funds deposited into the Joint Election account and an accounting of all payments 5 from the Joint Election account. If additional funds are needed, the Elections Administrator will bill each participating authority in accordance with the expense formula enumerated herein. Any amount remaining will be refunded to each participating authority. XI. DEPOSIT OF FUNDS Each participating authority agrees to deposit with the Dallas County Treasurer's Office, ~ no later than Thursday, April 4, 1996, a sum equal to the total estimated cost of election expenses to be paid by Dallas County as administrator of the Joint Election, such funds to be placed in a special Joint Election account to be used by the County for paying expenses as outlined in this agreement. No funds will be expended by Dallas County except for supplies and services outlined in this Agreement, or except as may be agreed to, in writing, by each participating authority. The amounts to be deposited are as follows: UP $1,196.10 PCUD $1,196.10 Total deposit $2,392.20 Deposits should be delivered within the mandatory_ time frame to: Bill Melton Dallas County Treasurer 303 Records Building 509 Main Street Dallas, Texas 75202 XII. RECORDS OF THE ELECTION Bobbie Sharp, City Secretary, is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records will be available to each participating authority as well as to the public in accordance with the Texas Open Records Act, V.T.C.S. Art. 625-17a, at the Elections Department, 509 Main Street, Dallas, Texas, at any time during normal business hours. The Election Administrator shall ensure that the records are maintained in an orderly manner, so that records are clearly identifiable and retrievable per records storage container. 6 Records of the election will be retained and disposed of in accordance with the records retention schedules which may have been adopted by each participating authority, and in accordance with the provisions of Title 6, Subtitle C, Chapters 201 through 205, Texas Local Government Code, including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Open Records Request, the Election Administrator shall maintain the records until final resolution or until final judgement, whichever is applicable. It is the responsibility of any participating authority 'to bring to the attention of the Elections Administrator any notice of any pending election contest, investigation, litigation, or Texas Open Records Request which may be filed with a participating authority. (See Section X) On the first business day which follows the date that the records of the election are eligible for destruction, the Election Administrator will notify in writing each participating authority of the planned destruction of any records of the election. Within fifteen days of receipt of the Elections Administrators notice of intent to destroy the records, each participating authority will provide the Election Administrator with written authorization to proceed with destruction or written instructions to withhold destruction. xm. EARLY VOTING Bobbie Sharp, City Secretary, will be appointed as early voting clerk in compliance with Sections 271.006 of the Texas Election Code. Bruce R. Sherbet, Dallas County Elections Administrator, will be appointed as chief deputy early voting clerk. Other deputy early voting clerks will be appointed as needed to process early voting mail and to conduct early voting at the main location. Early voting by personal appearance will be conducted on weekdays beginning Monday, April 15, 1996 and continuing through Tuesday, April 30, 1996 between 8:00am and 5:00pm. Any qualified voter for the Joint Election may vote early by personal appearance at the following location: --UNIVERSITY PARK CITY HALL 3800 UNIVERSITY BLVD UNIVERSITY PARK, TEXAS 75205 All requests for early voting ballots by mail that are received by each participating authority will be transported by runner on the day of receipt to the Dallas County Elections Department, 1st floor, Records Building, 509 Main Street for processing. Persons voting by mail will send their voted ballots to the Dallas County Elections Department. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election Code. Each participating authority will appoint one member to the Board and will notify the Dallas County Elections 7 Administrator of the persons's name and address no later than April 4, 1996. XIV. RUNOFF ELECTION In the event a runoff is necessary, the agreement would automatically be extended to cover the runoff, unless a participating authority states in writing before April 29, 1996, that it does not wish to participate in a joint runoff. The Elections Administrator will provide each participating authority in the joint runoff election with an estimate of funds to be deposited in a special Joint Runoff Election account. The funds must be deposited no later than Monday, May 13, 1996, or ten days after the runoff estimate figures are received from the Elections Administrator, whichever is later. XV. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance to section 2.051, 2.052 and 2.053 of the Texas Election Code, may withdraw from the joint election contract. Any expenditures incurred prior to the withdrawal shall be billed separately and that contracting authority shall be removed from the contract. The remaining participating authority shall enter into the contract as a single contracting authority and expense will no longer be shared in accordance to Section X of this agreement. An addendum to the contract shall be provided to the remaining participant no later than five (5) days after notification of intent to withdraw has been received by the Elections Administrator. XVI. NOTICE Whenever this agreement requires any consent, approval notice, request or demand, it must be in writing to be effective and shall be delivered to the party intended to receive it as shown below: If to the Elections Administrator: Bruce R. Sherbet Dallas County Elections Administrator Elections Department - First Floor Records Building - 509 Main Street If to the Participants: Bobbie Sharp, (UP) City Secretary 3800 University Blvd University Park, Texas 75205 8 University Park, Texas 75205 Bill White, (PCUD) General Manager 1811 Regal Row Dallas, TX 75235 RECOMMENDED FOR APPROVAL BY: BRUCE R. SHERBET, DALLAS COUNTY ELECTIONS ADMINISTRATOR ACCEPTED AND AGREED TO BY THE CITY OF UNIVERSITY PARK: APPROVED: MAYOR ATTEST: BOBBIE SHARP CITY SECRETARY ACCEPTED AND AGREED TO BY THE PARK CITIES UTILITY DISTRICT: APPROVED DON C. McILYAR L/ BOARD PRESIDENT February 5, 1996 (1 l:19am) 9 MAY 4, 1996 JOINT ELECTION ESTIMATED COST AUDIT Acct. nany young Units Cost per lJni, Estimated Cost Actual Cost 1.1 EV Ballots Mailed $0.00 1.2 Bad/Late Letters $0.00 1.3 Election Related Letters $0.00 1.4 Election Reply Cards $0.00 1.5 Misc. Election Related $0.00 2.1 Pages $0.00 2.2 Sample Ballots $0.00 2.3 Bed Sheets $0.00 3.1 Ballot Counters $0.00 3.2 Votomatics 3 $30.00 $90.00 4.1 Furniture $0.00 4.2 Computers $0.00 4.3 Telephones (Computers) $0.00 5.0 Office Supplies $0.00 6.1 Canvass Committee $0.00 6.2 Clerks-Main 1 $700.00 $700.00 6.3 Clerks-Branches $0.00 6.4 Mail Workers $0.00 6.5 Grove $0.00 6.6 Warehouse Temporaries $0.00 6.7 Social Security Chargeback .0765'6.~ 53.55 $53.55 6.8 Supervisors/Ballot Board $0.00 7.1 Ballot Cards 500 0.076 $38.00 7.2 Booklets (Mail ballot kit) $0.00 7.2 Envelopes(Mail ballot kit) $0.00 7.2 Punch Tools(Mail ballot kit) $0.00 7.2 Styro Backers(Mail ballot kit) $0.00 7.3 Voted Stamps $0.00 8.1 Location Rental Charge $0.00 8.2 Location Custodial Charge $0.00 9.2 Yellow Hinges $0.00 10 Branch runners $0.00 10 Retirement/Deputies $0.00 10 FICA/Deputies $0.00 11.0 Mileage for runners $0.00 12.0 Warehouse mileage $0.00 13.0 Personal appearance appl. 400 $0.08 $32.00 14.0 FedEx $0.00 15.0 Van Rental $0.00 Early Votin~ Total $913.55 Revised 01/30/9603:53 PM 1 · MAY 4, 1996 JOINT ELECTION ESTIMATED COST AUDIT Acct. Election ray Units Cost per Unit Estimated Cost Actual Cost Ballot Counter Rental $100.00 2.1 Votomatic rental 6 $30.00 $180.00 2.2 Equipment rental $0.00 3.0 Furniture rental $0.00 4.0 Phones for Judges $0.00 5.0 Phones for Warehouse $0.00 6.1 Location rental $0.00 6.2 Custodial charges $0.00 7.0 Truck rental $0.00 8.0 County Employee $0.00 9.1 Judges & Clerks ~ JUDGE @ $95ea 3 clks@ $70e~ $305.00 10.0 Election Dept. Curbside Help $0.00 11.0 Security $0.00 12.0 Election Department O/T $0.00 13.0 Election Dept. Temporaries $0.00 14.0 Retirement Charge Back 7% @ #18 $8.40 15.0 Sheriff's Deputies $0.00 16.0 Soc. Sec. Chargeback 7.65% @//18 $9.24 17.0 Warehouse Mileage $0.00 18.0 Warehouse O/T 2 @ 4hfs @ $15 per hr $120.00 19 Warehouse Temporaries $0.00 19 SCT $0.00 19 Grove $0.00 20.0 Legal Notice $0.00 21 Election Judges Letters(+Alt) $0.00 21 EJ Reply Card $0.00 22.0 Poll location letters $0.00 23.0 Translation Service $0.00 24.0 Votomatic Delivery and Pickup $45.00 $45.00 25.0 VBC Rental $0.00 26.0 VBC Standby Repair $0.00 27.0 Ballot Cards/Precinct 4,500 0.076 $342.00 28.0 Imprint and Ink Charge $0.00 29.0 Ballot Card Setup Charge $225.00 30 Crimp Hinges $0.00 30 Yellow Masks $0.00 31.0 Ballot Page Printing $0.00 32 Combination Forms 123 0.1175 $14.45 32 Demonstration Ballot Cards $0.00 32 Misc. Judge Kit Supplies $0.00 32 Precinct Packets 1 $12.75 $12.75 33 Rubber Voting Stamps 2 $1.45 $2.90 33 Split Precinct Maps $0.00 Revised 01/30/9603:53 PM 2 MAY 4, 1996 JOINT ELECTION ESTIMATED COST AUDIT Acct. 33 Sample Ballots $0.00 33.0 Stamp Pads $0.00 34.1 Office Supply $0.00 34.2 Parking Fees $0.00 34.3 Training Night $0.00 35.0 Supply $0.00 36.0 Curbside Security $0.00 37.1 Postage $0.00 37.2 Paychecks $0.00 38.1 Modems $0.00 38.2 Digi Boards $0.00 38.3 Phone Lines $0.00 39.0 Monitors $0.00 Audio Visuals $0.00 Terminal Cables $0.00 40.0 iMileage for Deputies $0.00 Header Cards $0.00 41.0 Federal Express $0.00 Election Day Total $1,364.74; Deposit Amount UP $1,196.10 PCUD $1,196.10 Revised 01/30/9603:53 PM 3 MAY 4, 1996 JOINT ELECTION ESTIMATED COST AUDIT Acct. Total Actual Cost Election Total $2~278.29 Election Services Fee $113.91 Total Cost $2z392.20 Amount of Deposit (Overlmid)/Underpaid Revised 01/30/9603:53 PM 1 POLLING LOCATIONS UNIVERSITY PARK CITY HALL 3800 UNIVERSITY BLVD UNIVERSITY PARK, TX 75205 ATTACHMENT B ELECTION JUDGE/ALTERNATE LIST FOR THE: UNIVERSITY PARK (UP) PARK CITruS MUNICIPAL UTILITY DISTRICT (PCUD) JOINT ELECTION ELECTION JUDGE D.A. SHARPE 3829 MCFARLIN BLVD UNIVERSITY PARK, TX 75205 PHONE: OFFICE 526-7457 ALTERNATE JUDGE MARION C. BAKER 3436 HAYNIE AVE. #2 UNIVERSITY PARK, TX 75205 PHONE: HOME 363-6813 HOME 521-3365 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE DALLAS COUNTY PARK CITIES MUNICIPAL UTILITY DISTRICT AUTHORIZING THE PRESIDENT OF THE BOARD TO EXECUTE A JOINT ELECTION AGREEMENT AND ELECTION SERVICES CONTRACT (RESOLUTION NO. 96-02-117) WHEREAS, the Board of Directors of the Dallas County Park Cities Municipal Utility District, have called a general election to be held May 4, 1996, for the purpose of electing three Directors. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DALLAS COUNTY PARK CITIES MUNICIPAL UTILITY DISTRICT: SECTION 1. THAT the President of the Board is hereby authorized to execute a joint election agreement and election services contract in substantially the form and substance as attached hereto as Exhibit "A". SECTION 2. THAT the joint election agreement and election services contract attached as Exhibit "A" become a part of this resolution. SECTION 3. THAT this resolution shall take effect immediately upon passage as the District bylaws in such cases provides. DULY RESOLVED by the Dallas County Park Cities Municipal Utility District, on the 13th day of February, 1996. Don C. Mcllyar, President ATTEST: Charlotte Wynne Thompson, RESOLUTION NO. 9 6- 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE EXCAVATION AND DISPOSAL OF LEAD IMPACTED SOIL AT THE AIRLINE ROAD WATER TOWER; MAKING FINDINGS EXEMPTING SUCH CONTRACT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in the course of removal of the Airline Road water tower, it has become necessary to provide for the excavation and disposal of lead impacted soil; and WHEREAS, Maxim Technologies, Inc., has presented a proposal to perform all engineering, environmental, and other services necessary to accomplish such excavation and disposal; and WHEREAS, such procurement is necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, the procurement is for personal, professional, or planning services, necessary to comply with all applicable TNRCC and EPA regulations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council finds and determines that the above conditions exist and that it is necessary to preserve the public health and safety of the City's residents and to provide for personal, professional, and planning services with regard to remediation of the Airline Road water tower site so as to comply with all applicable TNRCC and EPA regulations relative to lead impacted soil, and that the City enter into an immediate contract for the excavation and disposal of lead impacted soil with Maxim Technologies, Inc., without complying with the competitive bidding requirements of Chapter 252 of the Local Government Code. SECTION 2. That the City Manager be, and he is hereby, authorized and directed to execute a contract with Maxim Technologies, Inc., for the excavation and disposal of lead impacted soil from the Airline Road water tower site in accordance with the terms of a letter AOO(r/E6D agreement between the City and Maxim, a true copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes. SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of February , 1996. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/ck_h 02431-96) CITY SECRETARY ~;f T~CH~iOt. OGIE$ I~1¢ EXHIBIT "A" January 26, 1996 Mr. Bob Whal~g, P.E. City Engineer City of University Park 3800 University Boulevard P.O. Box g005 Dallas, Texas 75205 RE: Max~m Proposal No. 6-1-090958 Lead Impacted Soil Remefliation Airline Road Water Tower Dallas, Texas Dear Mr. Whaling: Maxim Technologies, Inc. (Maxim) is pleased to present the following proposal for the excavation and disposal of lead impacted soil previously delineated by Maxim at the Airline Road water tower, in Dallas, Texas. On August 6, 1993 Maxim presented to the City of University Park a report detailing the results of a soil sampling program, undertaken at the site to determine the vertical and horizontal extent of lead impacted soil in association with the water tower. The soil had been impacted with lead through previous sandblasting and painting operations conducted on the water tower. The results of the investigation indicated that total lead concentrations were present in the sarface soils at the site at levels between 42.0 parts per million (ppm) and 810 ppm. The soil sample exhibiting the highest total lead concentration was also analyzed fer Toxicity Characteristic Leaching Potential (TCLP) lead. The results of the TCLP analysis indicate~ TCLP lead concentrations of 0.84 ppm, well below the maximum concentration of 5.0 ppm above which the soil would be classified as hazardous waste. In August, September, and October 1993 Maxim conducted a survey of background lead levels consisting of ten samples collected from areas surzounding the water tower. The results of the background lead sampling indicated that, according to a formula utilized by the Texas Natural Resource Conservation Commission (rNRCC) Kisk Reduction Standards, the cleanup level for this site would be 330.28 ppm total lead. Maxim proposes a cleanup level of 125 ppm total lead. .:'.' Based on the above mentioned information, Maxim proposes to provide the tbllowi.ng: SCOPE, OF SERVICES I) M~.xim will provide a synopsis of the previous investigations to the TNRCC along with the required 10-day Notification for Corrective Action Activity. The notification will ~575 LONE STAR DR · P.O. BOX 224227 · DALLAS, TX 75222 * (214)631-2700 , FAX(214)920-1818 Asteco · AustinP, esearch Engineers · Chen-Northam ° Empire$oits Investigations · Huntingdon * Ka, nsa$ City Testing Maxim Eng[neers· NebraskaTesting ' patzigTestin§ · Southwes[ern L,,bor~torie$ · Thom~s.Hartig · Twin ¢ity Testin[~ City of Universfty Park Maxim Proposal No. 6-1-'.09095g Janua_ry 26, 1996 Page 2 2) 3) 4) 5) 6) '7) g) include a workplan detailing Maxim's proposed remediation activities and plm~s for confirmatory sampling. Maxim wilt coordinate all remediation activities with the Duncanville and Austin TN-RCC offices. M~x[m will provide environmental oversight during construction activities. Maxim will conduct confirmation sampling and sample analysis of the ~xcavation to document that the closure standard was attained prior to demobilization of the. construction subcontractor, Maxim will obtain thc appropriate number, of soft samples from the cxcavatod material for proper disposal of the lead impacted soil. Maxim will. coordinate thc loading, transportation, and disposal of the impacted soil ~t a T1N'RCC Iicemsed facility. Maxim will prepare and present to the Cit~ of University Park and tha TN'RCC a rcpor~ det~il~ng the remediation activities, confirmation sampling, soil tr~msportation and disposal, and backTflling of thc excavation. Maxim will comply with aU state, federal, and local regulations during the cours~ of these activities. pROJEcT STAF~lNG Mr. Don R. Parsons will serve as Proj~t Manager. It will be his responsibility to assure that thc City of Un~ver.sity Park's needs arc met in terms of scope of services and schedule. Mr. Parsons, as thc project m~m~ger, has the authority to commit what~ver ~:esources are necessary to support the project team. All environmental work will be performed by one of Maxim's in- house environmental professionals- Mr. Richard Cunningham, Maxim's Manager of Environmental Serv.ices, will s-crv~ as Technical Reviewer. Maxim will perform these services on a time and materials basis. Estimated costs and project schedule arc detailed below. The estimated cost will not b= exceeded without prior approval from the City of University Park. City of Univexsity Park - Maxim Proposal No. 6-1-090955 January 26. 1996 Page 3 SCHEDULE Phas_ _ e Estimated Completion Time (W.orking Davil Present synopsis, lO-day notification to TNRCC Begin soil excavation Complete excavation and transportation Present report to City of University Park and TNRCC Notice to Proceed (NTP) + 5 days NTP + 15 days NTP + 20 days NTP + 40 days COST ESTIMATE Consulting Services_ Regulatory Correspondence Project Manager 10 hours @ $ 75/hr. $ 75O.0O Project Management Project Manager 6 hours @ $75/hr. $ 450.00 Site Inspection & Confirmatory Sampling Environmental Scientist 30 hours @ $65/hr. $1,950.00 Report preparation Environmental Scientist 12 hours @ $65/hr. $ 780.00 Report Review Sr. Project Manager 2 hours @ $90/hr. Word Processing 4 hours @ $35/hr. CADD 2 hours @ $45/hr. Total Con_~alting Sea-vices $ IgO.O0 $ 140.00 $ 90.00 $ 4,340.00 Analytical Serdces Confmaa ation Sampling Total lead 17 smnples ~ $42/sample (24-Hr. TAT) $ 714.00 City of University Park Maxim Proposal No. 6-1:0.90958 lanuary 26, 1996 Page 4 Disposal Analysis Total lead 11 samples @ $42/sample (24 hr. TAT) TCLP lead 5 sampl~ @ $2321sample(48 hr. TAT) Total Analytical Services $ 462.00 $ 1,160.00 $ 2,336.00 Soil Dispos~ Class I Non-.I-Iazardous Municipal $ 44.00/cubic yard Est. 520 cu. yds. Class II Non-Hazardous Municipal $ 8.80/cubic yard Est. 520 cu. yds. 22,880.00 $ 4,576.00 ~i~¢t Excavation Servi.ce.[ Excavate soil within fenced water tower area to a depth of one foot, break out valve vault and concrete foundations, cut footings off 18 inches below grade, load and transport soil to Republic C.S.C. (Avalon), backf'~l excavation with setect fill, cover backfill with bermuda grass sod. (add $10.63/load if plastic $ 27,565.00 bed liners are required) Maxim estimates that a total of approximately 520 cubic yards of excavated soil will be disposed of at Republic C.S.C landfill. To dispose of this mate~rial as Class II Non-Hazardous material total lead concentrations from the disposal analysis must be less than 30 ppm. If total lead concentrations are 30 ppm or greater, TCLP lead must be'analyzed and must be less than 1.5 ppm. For Class I disposal, total lead concentrations from the disposal analysis must.be less than 100 ppm. If total lead concentrations axe 100 ppm or greater, TCLP lead must be analyzed and be less than 5.0 ppm. Maxim will make every effort to dispose of the excavated material in the most cost efficient manner possible. The performance of these servi.ces will require that a temporary construction fence be installed prior to the beginning of soil excavation activities. The costs quoted above include costs for fence installation and removal. The cost for subcontract excavation services presented above are, per your request, estimates for those services provided to Maxim by Sunbelt Industrial Se.rv/ces. Should the City of City of University Park Maxim Proposal No. 6-1-~090955 January 26, 1996 Page 5 University Park desire to contract directly with Sunbelt for the performance of these services and pay the subcontractor directly, the price quoted is believed to be accurate. Should the City of University Park request Maxim to handle the entire remediation operation, Maxim will contract with Sunbelt and invoice third party services to the City of University Park on a cost + 10% basis. Max.ira will. perform the above services under the same terms and conditions as ongoing projects with the City of University Park. If this proposal meets with your approval, notify Maxim to proceed with the services described herein by sending a notice to proceed on City of University Park letterhead. Maxim appreciates this opportunity to provide the City of University Park with our professional consulting servi.ces and looks, forward to assisting you on this project. Should you have any questions or Comments, please do not hesitate to call us. Sincerely yours, MAXIM TECI-INO~G~S, INC. Don R. Parsons, Jr. C.P.G. Senior Project Manager Environmental Services RESOLUTION NO. 96-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, IN APPRECIATION OF FRED NASH PEEK AND HIS CONTRIBUTION TO THE CITY OF UNIVERSITY PARK. WHEREAS, Fred Nash Peek, a prominent business, civic, and church leader, was a nationally recognized expert in real estate development and an entrepreneur who loved creating things; and WHEREAS, he unselfishly served the City of University Park with great distinction from 1950-1996 as: Commissioner from 1970- 80 and as mayor pro rem from 1978-80; member of the Board of Adjustments from 1964-70; member of the Building Code Advisory Committee from 1978-80; and member of the University Park Community League from 1950-1996; and WHEREAS, in gratitude for his service, the City of University Park honored him by dedicating the service center as the Fred N. Peek Service Center in 1981; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, the City Council, acting in behalf of the citizens of the City of University Park, expresses its deep sympathy and condolences and sincere appreciation to his wife of 66 years, Ella Rae, and his son, Mayor Pro Tem Harold Peek and his wife Sarah, for the distinguished service contributions of Fred Nash Peek. BE IT FURTHER RESOLVED that a copy of this Resolution be duly recorded in the Official Records of the City of University Park. ATTEST: PASSED AND APPROVED this 5th day of March, 1996. P.B. Pete Goldman, Mayor Bobbie H. Sharp, City Secretary RESOLUTION NO. 9 6- 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION NO. 94-12 and 94-2; ESTABLISHING FEES FOR SWIMMING POOL PERMITS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution No. 94-2 as amended by Resolution No. 94-12 of the City of University Park, Texas, be, and the same is hereby, further amended by amending Exhibit "A", Section VI "Parks and Recreation" subsection 6, in part, as follows: "VI. PARKS AND RECREATION 6. Swimming Pool (1) All residents of University Park, non-resident owners of property in University Park, and residents of the Highland Park Independent School District (HPISD) who are not residents of University Park, six (6) years of age or older, upon making application, in person to the Utilities Office, may secure permits to swim in the pools. The charges for these permits shall be as follows: For a season permit, if purchased on or before May 18, 1996: (i) for U.P. residents who renew by mail: $25.00; (ii) new permit issued for U.P. residents: $35.00. (iii) for non-University Park residents of Highland Park Independent School District if renewed by mail: $65.00; (iv) for non-University Park residents of Highland Park Independent School District for new permit issued: $75.00; = 1 - AGG081F0 RESOLUTION NO. 9 6-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, EXTENDING UNTIL JANUARY 17, 1996, DETERMINATION OF A RATE REQUEST BY LONE STAR GAS COMPANY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 1, 1995, Lone Star Gas Company filed a rate request with the City seeking a 4.6 percent rate increase; and WHEREAS, the City Council delayed determination of the request by appropriate resolution; and WHEREAS, it is necessary to further delay a determination to receive final input from a utility consultant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the rate request of Lone Star Gas Company, originally filed on September 1, 1995, and suspended until January 4, 1996, be, and the same is hereby, further suspended until January 17, 1996, at which time the City Council will make a final determination. SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of January, 1996. APPROVED: MAYOR ATTEST: APPROVED AS TO FORM: ~._ CITY ATTORNEY (RLD/ckh 12-18-95) CITY SECRETARY (v) For U.P. senior citizens (60 and older): $25.00. For a season permit, if purchased after May 18, 1996: (i) (ii) (iii) (iv) (v) for U.P. residents who renew by mail: $30.00; new permit issued for U.P. residents: $40.00. for non-University Park residents of Highland Park Independent School District if renewed by mail: $90.00; for non U.P. residents of Highland Park Independent School District for new permit issued: $100.00; for U.P. senior citizens (60 and older): $25.00. (2) (3) (4) (5) (6) SECTION 2. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the ~ day of April , 1996. =2= AGG081F0 ~' APPROVED: ATTEST: ,aPPROVED AS TO FORM: CITY A'ITORNEY (RLD/jd 3-15-96) CITY SECRETARY -3- ACa3O81FO RESOLUTION NO. 96-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE ABANDONMENT OF CERTAIN PROPERTY TO THE UNITED STATES DEPARTMENT OF TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS MUSEUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park has registered in its name certain property described as a 1921 Thompson submachine gun, 45 caliber, serial number 4219, two (2) clip magazine and one (1) drum magazine; and WHEREAS, said submachine gun has no value, use or practical application to the City of University Park; WHEREAS, the City of University Park desires to donate said weapon to the United States Department of Treasury, Bureau of Alcohol, Tobacco and Firearms Museum; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the abandonment and transfer of the 1921 Thompson submachine gun to the United States Department of Treasury, Bureau of Alcohol, Tobacco and Firearms Museum is hereby permitted and approved in all respects. SECTION 2. This Resolution shall take effect immediately from and after its passage and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of April , 1996. APPROVED: AGG08185 ATTEST: APPROVED AS TO FORM: CI~ A~O~Y (REH/slp 3-~1-96) CITY SECRETARY AGG08185 RESOLUTION 96-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, SUPPORTING THE CONCEPT OF AN AREA OR MULTI-COUNTY TOLLWAY AUTHORITY TO CONTINUE THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF TOLLWAYS IN THE DALLAS-FT. WORTH REGION AND ASSUME EXISTING ASSETS ANDOPERATIONS OF THE TEXAS TURNPIKE AUTHORITY (TTA) IN THE DALLAS-FT. WORTH AREA. WHEREAS, the mobility needs for the Dallas-Ft.Worth area far exceed local, State, and Federal funding potential over the next two decades; and, WHEREAS, efforts to maintain the economic growth and vitality of the City of University Park and the entire region depend in part on the ability of citizens to move into and through all the region in an efficient and timely manner, considering surrounding issues of air quality and cost effectiveness; and, WHEREAS, discussions indicate the existing structure of the Texas Turnpike Authority (TTA) may be subject to change during the next legislative session through the Sunset process of the Texas Department of Transportation and the TTA, thus potentially negatively impacting the region's ability to move forward with additional mobility projects involving full or partial toll options; and, WHEREAS, the City of University Park has determined it would be in the best interest of mobility needs to support the development of a tollway authority comprised of several counties in this region, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The City of University supports the creation of a locally controlled tollway authority to advance continued efforts to solve mobility problems within the Dallas-Ft. Worth area. SECTION 2. Copies of this resolution be forwarded to the Dallas Regional Mobility Coalition, the Regional Transportation Council, Dallas County Commissioners Court, and other appropriate local and State government officials having input into the Texas Sunset Process and subsequent legislation directed at the creation and operation of such a local authority. PASSED AND APPROVED this the 17th day of April, 1996. APPROVED: ATTEST: CITY SECRETARY RESOLUTION NO. 96-9 CANVASS OF RETURNS AND DECLARATION OF RESULTS OF AN ELECTION HELD IN THE CITY OF UNIVERSITY PARK, TEXAS, ON MAY 4, 1996 FOR THE ELECTION OF CITY OFFICIALS FOR THE CITY OF UNIVERSITY PARK, TEXAS. BE IT REMEMBERED that, heretofore, on the 6th day of February, 1996, the City Council of the City of University Park, Texas, duly called an election to be held on the 4th day of May, 1996, for the purpose of electing a Mayor for a two (2) year term and four (4) Councilmembers for two (2) year terms. BE IT REMEMBERED that on the 7th day of May, 1994, at a meeting of the City Council of the City of University Park, Texas, a quorum being present, the meeting was called to order and the following business was transacted. Upon motion duly made and seconded, it was unanimously ordered that the City Council consider the official returns of an election held in the City on the 4th day of May, 1996, for the purpose of electing a Mayor and four (4) Councilmembers for the City of University Park. ' 1 after said election, the Presiding Judge WHEREAS, immedzat~ . 7_ ~ldin~ said election made~ their and other election thereof to the City Council according returns and the results ' ten notice of said election law and duly authenticated that the wrmt was published and posted for the time and in the manner provided by law and by the ordinance calling the election, and all proceedings pertaining to said election having been shown to have been done and performed at and within the time and within the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Council, and no protest or objection being made to or regarding any matter pertaining to said election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That after examining said returns and opening and canvassing the votes cast at said election, the results of said election are as follows: k That there were 1,688 votes cast, according to the returns; and each of the candidates listed on the ballot in said election received the following votes: Name of Candidatn FOR MAYOR: Number of Votes Received Felix B. "Pete" Goldman Joan Wynne FOR COUNCILMEMBERS: Dan Stansbury Chris Sharp James H. "Blackie', Holmes, III Olin B. Lane, Jr. Forrest E. Keene 1,391 270 1,137 1,085 1,077 1,011 486 That there were no write-in votes cast. SECTION 3. THAT, on May 4, 1996, F.B. Pete Goldman was elected Mayor of University Park; and Dan · "Blackie" Holm ~ TTT ~anf~ry, Christopher Sharn James H. ~ouncllmembers of Univer~, m~n ~4 L~ne, Jr., were elected duly elected to the~ ~2LiL~f~¥~.~ne aD,ye parties are declared .... ~ --~P~u~lve o~lces suOject to takin and tiling bonds as provided by law g of oaths DULY ADOPTED by the City Council of the City of University Park, Texas, on the 7th day of May, 1996. ATTEST: MAYOR CITY SECRETARY RESOLUTION NO. 9 6-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, RATIFYING THE AGREEMENT OF THE TEXAS HIGHER EDUCATION AUTHORITY, INC., FOR PAYMENT OF ACCOUNTANTS AND ATTORNEYS FEES RELATIVE TO CORRECTION OF BOND AND LOAN DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That an agreement between the Texas Higher Education Authority, Inc., and Texas Commerce Bank National Association relative to reimbursement of a portion of the accountants' and attorneys' fees incurred in correction of certain bond and loan documents has been presented to the University Park City Council for consideration, and the City Council is of the opinion and finds that it is in the best interest of the City and the program of the Authority to approve and ratify the agreement, including the payment from fees previously earned by the Authority to Texas Commerce Bank as Trustee under the bond indenture, in the sum of Forty- Two Thousand Six Hundred Ninety-Four Dollars ($42,694). The President of the Authority is authorized to execute the agreement and direct payment of the funds to the Trustee for such purposes. SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of May, 1996. - 1- AGG0~459 APPROVED: MAYOR ATTEST: CiTY SECRETARY AGG08459 RESOLUTION NO. 9 6-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION NO. 94-2 ESTABLISHING COMMERCIAL FILMING FEES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution No. 94-2, as heretofore amended, be, and the same is hereby, further amended by adding Section VII "Commercial Filming Fees" as follows: "VII. COMMERCIAL FILMING FEES Small productions 1. Filming permit application fee $25.00 2. Rental of City Parks (see Section VI). Bo Large productions 1. Filming permit applicant fee $200.00 2. Filming Fees First day of filming (or fraction) ................. $200.00 Each additional day of filming .................. $ 50.00 ............................... $ 50.00 Permit revision fee 4. Rental of City Parks (see Section VI)" SECTION 2. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. AGC, O84BE DULY PASSED by the City Council of the City of University Park, Texas, on the 22nd day of tVlay , 1996. APPROVED: ATTEST: APPROVED AS TO FORM: CfI'Y ATTORNEY (RLD/sgb 05-17-96) CrrY SECRETARY AGG084BE RESOLUTION NO. JOINT RESOLUTION NO. 96-12 96-04-120 A JOINT RESOLUTION OF THE CITY OF UNIVERSITY PARK, TOWN OF HIGHLAND PARK, AND THE DALLAS COUNTY PARK CITIES MUNICIPAL UTILITY DISTRICT APPROVING THE 1991 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, is it in the public interest for the City of University Park, Town of Highland Park, and Dallas County Park Cities Municipal Utility District to adopt a Water Conservation and Drought Contingency Plan jointly among the three entities; Now, Therefore, BE IT RESOLVED BY THE CITY OF UNIVERSITY PARK, TOWN OF HIGHLAND PARK, AND DALLAS COUNTY PARK CITIES MUNICIPAL UTILITY DISTRICT: SECTION 1. That the Water Conservation and Drought Contingency Plan for the Dallas County Park Cities Municipal Utility District, the Town of Highland Park, and the City of University Park, developed July, 1991, as amended in 1996, be jointly approved and adopted for the three emities. That the plan may also be adopted by Resolution or ordinance of the City of University Park and the Town of Highland Park. That the plan may also be adopted separately by appropriate resolution of the district. That the district shall maintain a true copy of the plan and make it available for public inspection during all regular business hours of the district. SECTION 2. This Resolution shall take effect immediately from and after its passage by the last of the City of University Park, Town of Highland Park, or Dallas County Park Cities Municipal Utility District to adopt the same by official action. DULY PASSED by the City Council of the City of University Park, Texas, on the q~' ~ day of __~a~,~, 1996. APPRO~VED: ~ ATTEST: CITY SECRETARY DULY PASSED by the Town Council of the Town of Highland Park, Texas, on the day of )9~ , 1996. APPROVED: .~ate: ATTEST: Date: DULY PASSED by the Board~of Di,refitors of the Dallas County Park Cities Municipal Utility District on the °3 ? day of ~bl~d} , 1996. APPROVED: PRESIDENT Date: ~ ~_~~~(0' ATTEST: RY Date: RESOLUTION NO. 96-13 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, SUPPORTING THE APPOINTMENT OF MR. RAYMOND D. NOAH AS REPRESENTATIVE ON THE DALLAS AREA RAPID TRANSIT (DART) BOARD OF DIRECTORS. WHEREAS, Article ll18y, Vernon's Texas Civil Statutes, as amended, provides cities having a fractional allocation for board membership to aggregate its population with another city to appoint a member; and WHEREAS, cities aggregating their population to make an appointment shall agree on a method of making this appointment; and WHEREAS, the City of University Park in conjunction with the City of Richardson, and the Towns of Addison, and Highland Park have previously agreed in Resolution 94-8 to aggregate the population for one position on the DART Board of Directors; and WHEREAS, it has been determined by the City Council of the City of University Park that the most effective method to promote an area-wide approach to regional mobility and transportation is achievement of this appointment through consensus of participating cities; and WHEREAS, Mr. Raymond D. Noah has served in this position for a two year term which ends on July 1, 1996. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF UNIVERSITY PARK, TEXAS THAT; SECTION 1 Mr. Raymond D. Noah be appointed to an additional two year term ending July 1, 1998. SECTION 2 This resolution shall be effective immediately upon passage. PASSED AND APPROVED this the 4th of June, 1996. MAYOR ATTEST: CITY SECRETARY RESOLUTION NO. 96-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPOINTING MEMBERS TO THE 1996-98 BOARDS AND COMMITTEES. WHEREAS, the City Council of the City of University Park appoints numerous statutory and advisory boards and committees, and; WHEREAS, these committees are appointed for two year terms, coinciding with city election years, and; WHEREAS, the City Council, elected in May of 1996, is now appointing those conunittees for the period of July, 1996 to July, 1998; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT: SECTION 1. The City Council of the City of University Park hereby appoints the following individuals and committees attached hereto as Exhibit "A". SECTION 2. This resolution shall be in effect immediately upon its adoption. PASSED AND APPROVED this the 4th day of June, 1996. MAYOR ATTEST: CITY SECRETARY EXHIBIT "A" List of Statutory Boards and Advisory Committee members as appointed by the City of University Park City Council on June 4, 1996. BOARD OF ADJUSTMENT 1. Steve Chapman, Chair 2. Jerry L. Grable 3. Roy Kull 4. Harry Shawver 5. Barton B. Wallace, Jr. Alternate Members 6. Lon Houseman 7. Thomas C. Bain 8. Gretchen Henry 9. Jim Lake, Jr. PLANNING AND ZONING COMMISSION 1. J. Stanley Knight, Chair 2. W. Richard Davis 3. Bill Foose 4. Fred Ligon, III 5. Robert H. West Alternate Members 6. Randy Biddle 7. Bea Human 8. Jo Ann Norton 9. Judy Gibbs CAPITAL PROJECTS REVIEW COM24ITTEE 1. Harold Peek, Chair 2. F.B. Pete Goldman 3. Barbara Hitzelberger 4. John Roach 5. Don Houseman 6. Olin B. Lane, Jr. PROPERTY CASUALTY & LIABILITY INSURANCE COMMITTEE 1. William Lee Carter, III, Chair 2. Orville D. Jones 3. Hayden R. Pittman 4. Scott Ragland 5. William E. Strother 6. Frank A. Swingle 7. Neil Harris PUBLIC SAFETY COMMITTEE 1 2 3 4 5 6 7 8 9 10 11 12 13 Robert R. Smith, Jr., Chair Linda Bux Doug Clarkson Kirk and Charlotte Dooley Michael G. Flewharty Edwin T. Freeman, II Aaron Graves Rob Holmes Joseph M. Nichols Bonnie Rowsey Bill Manning Frank Bullock Cass Robinson PUBLIC WORKS COMMITTEE 1 2 3 4 5 6 7 8 James M. Walley, Chair John Crist William H. Lawson Paul Pulliam Jim Snell Kelly Walker Mike Moore John C. Farris URBAN DESIGN AND DEVELOPMENT ADIVSORY COMMITTEE 2 3 4 5 6 7 8 9 10. E. Taylor Armstrong, Jr., Chair Michael Culwell Marc Hall Lynn Hill Fran Oglesby Keay Byron McCommas H. R. Patterson, Jr. Suzanne Tubb Bill Lively Hollis Jones EMPLOYEE BENEFITS COMMITTEE 1 2 3 4 5 6 7 8 James E. Roberts, Chair David W. Burgher William C. Clifton Clair Crossland William R. Johnson James M. Klancnik Bill Wilshusen Jim Ellis FINANCE COMMITTEE 1 2 3 4 5 6 7 8 9 Ray Gresett, Chair John B. Atwood, III Howell Harralson Terry Kelley William C. Murphy Robert M. Olmsted, Jr. P. Vann Phillips Rod Sager Terry M. Wilson LEGISLATIVE COMMITTEE 1 2 3 4 5 6 7 Leland D. Nelson, Chair Robert F. Begert Roy C. Coffee, Jr. Ed Drake J. Kent Newsom Trevor W. Rees-Jones Robert J. Riek PARKS COMMITTEE 1 2 3 4 5 6 7 8 William H. Pardoe, Chair Mollye Adams J. Mac Fuller Sam Henry Sandra Tucker Carol Seay Doug Bruton Doug Roach ZONING ORDINANCE ADVISORY C0MMITTE-E 2. 3. 4. 5. 6. 7. 8. 9. 10. il. 12. Robert H. Clark, Chair Edward D. Biggers Robin Brown Mike Bryant Sandra Cude Kim Kohler Dayton C. Macatee Robert A. Rhoa~s Mark R. Smith Mark Van Kirk Stephen E. Hanna Mark W. Connell ~UDGE OF THE MUNICIPAL COURT James P. Barklow, Jr., Judge A SIS E OF T IC P O T John Willard Clark, Jr. Winfield W. Scott Charles Lee Caperton ~OU~n~WEST HIGHER EDUCATION AUTHORIT~ 1. Trevor W. ReeS-Jones, Chair 2. Russell F. Coleman 3. O. Paul Corley 4. Barbara Hitzelberger 5. Don Houseman 6. Jane Slover 7. Eiband Wilshusen T~AS HIGHER EDUCATION AUTHORITY 1. O. Paul Corley, Chair 2. Trevor W. Rees-Jones 3. Barbara Hitzelberger 4. Don Houseman 5. Wayne Tenney 6. Eiband Wilshusen 7. Charles Seay, Jr. CiTY HEALTH OFFICER George E. Hurt, Jr., M.D. RESOLUTION NO. 96-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE PARTICIPATION OF THE CITY OF UNIVERSITY PARK WITH OTHER TEXAS CITIES IN THE TEXAS COALITION OF CITIES FOR FRANCHISED UTILITY ISSUES; NAMING A REPRESENTATIVE TO THE STEERING COMMITTEE; AUTHORIZING PAYMENT OF A PARTICIPATION FEE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, market forces, technological changes, utility industry practices, and federal and state legislative and administrative body rulemaking have greatly impacted the ability of cities to maintain local control of land use decisions, city property, utility rate regulatory authority, and to preserve city revenue streams and a meaningful role for cities as a process participant; and WHEREAS, it is imperative thru cities stay informed in these matters, and participate and work cooperatively to protect the interest of cities and the public; and WHEREAS, there exists among Texas cities a strong interest in participating in a common effort to protect these interests; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City of University Park agrees to participate with such other Texas cities in the Texas Coalition of Cities for Franchised Utility Issues ("Coalition"). Such Coalition will (a) collect, analyze, discuss and distribute information on utility related matters; (b) participate and develop positions in utility regulatory body rulemaking dockets and on bills proposed in the legislature relating to utility matters; and (c) work cooperatively on matters relating to utility franchises and fee issues. SECTION 2. The City Manager or his designee may participate on the Coalition Committee and is authorized to receive notices concerning Coalition Committee activities at the following address: Name/Title: City/Address: Telephone: Bob Livingston, City Manager P.O. Box 8005, University Park, Texas 75205 214-363-1644 SECTION 3. The City authorizes payment to the Texas Coalition of Cities for Franchised Utility Issues of the initial partiCipation fee of $.05 per capita. 1068 SECTION 4. That the City Manager is authorized to take those steps reasonable and necessary to comply with the intent of this resolution. SECTION 5. That this resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED on this the 2nd vote of 4 ayes and 0 Council of the City of University Park, Texas. day of July , 1996, by a nays at a regular meeting of the City APP~ROVED: Mayor ATTEST: City Attorney (RLD/sgb 6-25-96) City Secretary 1068 RESOLUTION NO. 9 6-16 · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, SETTING OUT AN AGREEMENT BETWEEN THE CITY AND DALLAS COUNTY FOR THE COUNTY TO QUALIFY FOR THE URBAN COUNTY CDBG PROGRAM; STATING THE UNDERSTANDINGS AND AGREEMENTS OF THE PARTIES; AUTHORIZING THE MAYOR TO SIGN DUPLICATE ORIGINALS OF THIS RESOLUTION AS A COOPERATIVE AGREEMENT WITH THE COUNTY UNDER CHAP~'ER 771 OF THE GOVERNMENT CODE; AND PROVIDING AN EFFECTIVE DATE. WltEREAS, the 93rd Session of the Congress passed, and the President of the United States signed into law, the Housing and Community Development Act of 1974 (PL93-383) which created the Urban County Community Development Block Grant (CDBG) program; and WHEREAS, Dallas Couhty, Texas, is applying to the U. S. Department of Housing and Urban Development for Urban County CDBG entitlement status; and WltEREAS, in order to qualify for this status, Dallas County must enter into cooperative agreements with local governments and have the collective population of the County's unincorporated area and the participating local governments total at least 100,000 people; and WHEREAS, Texas cities and counties are authorized under Chapter 373, Local Government Code, and Section 381.003, Local Government Code, to conduct essential Housing and Community Development activities; and WHEREAS, Texas cities and counties are authorized under Chapter 771, Government' Code, to enter into cooperative agreements with one another; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The City of University Park supports the efforts of Dallas County, Texas to qualify for the Urban County CDBG program and asks that its population be included in such a program for Federal Fiscal Years 1997, 1998 and 1999. SECTION 2. This agreement covers both the CDBG Entitlement program and, where applicable, the HOME Investment Partnership program. SECTION 3. This agreement remains in effect until the CDBG (and HOME, where applicable) funds and income received with respect to the three-year qualification period (and any successive qualification periods under agreements that provide for automatic renewals) 1100 are expended and the funded activities completed, and that the County and City may not terminate or withdraw from the agreement while the agreement remains in effect. SECTION 4. The City of University Park understands that it: May not apply for grants under the Small Cities or State CDBG Program from appropriations for fiscal years during the period in which it is participating in the Urban County CDBG program; and May not participate in an HOME consortium except through the Urban County, regardless of whether the Urban County receives a HOME formula allocation. SECTION 5. Agreements of Parties. A. Dallas County and the City of University Park agree to cooperate to undertake, or assist in undertaking community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing; B. Dallas County and the City of University Park shall take all actions'necessary to assure compliance with the Urban County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, Section 109 Title I of the Housing and Community Development Act of 1974, and Title VIII of the Civil Rights Act of 1968; C. Dallas County and the City of University Park understand that Urban County funding will not be provided for activities in or in support of a cooperating local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's' actions to comply with its fair housing certifications; D. The City of University Park understands, that in accordance with 24 CFR 570-501 (b) and 570.503, it shall be subject to the same administrative requirements as a sub-recipient should it receive funding under this program; E. The City of University Park agrees to inform Dallas County of any income generated by the expenditure of CDBG/HOME funds received, and that any such program income must be paid to the County to be used for eligible activities in accordance with all HOME/Community Development Block Grant requirements; F. Dallas County is responsible 'for monitoring and reporting to the U. S. Department of Housing and Urban Development on the use of any such program income, and that in the event of close-out or change in status of the City of University Park, any program income that is on hand or received subsequent to the close-out or change in status shall be paid the County; 1100 G. The City of University Park agrees to notify Dallas County of any modification or change in the use of the real property from that planned at the time of acquisition or improvement, including disposition, and further agrees to reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non- CDBG/HOME funds) for property acquired or improved with CDBG/HOME funds that is sold or transferred for a use which does not qualify under the CDBG/HOME regulations; H. Any money generated from the disposition or transfer of' property will be treated as program income and returned to the County prior to, or subsequent to, the close-out, change of status, or terminfition of this cooperative agreement between Dallas County and the City of University Park. SECTION 6. The City of University Park has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-viOlent civil rights demonstrations within jurisdictions. SECTION 7.A. The City of University Park understands that Dallas County will have final responsibility for administering the CDBG/HOME program, selecting CDBG/HOME projects and filing annual grant requests; and B. The Mayor of University Park, Texas, is authorized to sign any additional forms, on behalf of the City of University Park, that the U. S. Department of Housing and Urban Development may require. SECTION 8. That the Mayor of the City of University Park be, and he is'hereby, authorized to execute duplicate originals of this Resolution so that when such duplicate originals are also executed by the appropriate officials of Dallas County, this Resolution will be and become the cooperative agreement between the parties described herein and authorized by Chapter 771 of the Texas Government Code. SECTION 9 This resolution shall take' effect immediately from and after its passage, and the agreements set out herein shall be effective as the cooperative agreement of the City of University Park with Dallas County upon execution of duplicate originals hereof by the last of the parties to do so, and it is accordingly so resolved. 1100 DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd__ day of July ,1996. For the City of University Park: F.B. "Pbte" Goldman, Mayor Bobbie Sharp, C~ July 2, 1996 D~e For Da ty, Texas: ~d ~'aula Stephens, CommiSsioners Ct;urt Clerk July 16, 1996 Date APPROVED AS TO FORM: .City Attorney (RLD/sgb 6-25-96) APPROVED AS TO FORM: Gerard V. D'Allesio, Jr. Assistant District Attorney 1100 RESOLUTION NO. 9 6 - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A STANDING STEERING COMMITTEE PARTICIPATION AGREEMENT WITH PARTICIPATING CITIES SERVED BY TEXAS UTILITIES; APPROPRIATING $2,235.00 AS THE CITY'S SHARE OF THE FUNDING FOR THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Steering Committee of Texas Utilities Electric Service Area Cities has recommended that Cities form a Standing Steering Committee of TU Service Area Cities; and WHEREAS, TU rate issues and THEREFORE, participation will allow University Park to remain informed of important respond jointly with other Cities with common interests; NOW, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Manager be, and he is hereby, authorized to execute, on behalf of the City of University Park, the Standing Steering Committee Participation Agreement, a true copy of which is attached hereto as Exhibit "A" and made part hereof for all purposes, the same as if fully copied herein. SECTION 2. That the City Council hereby approves the Participation Agreement in such form and, upon execution by the City Manager on behalf of the City, such Agreement will become the Agreement of the City of University Park in accordance with its terms. SECTION 3. The City Manager is hereby designated as the City's Steering Committee Representative to receive notices and carry out the responsibilities set forth in the Agreement. Any notices may be served upon the City Manager, the City of University Park, 3800 University Boulevard, University Park, Texas 75205, or by fax at 214/987-5399. 1424 SECTION 4. The initial participation fee of $0.10 cents per capita, or $2,235.00, according to the City's population of 22,350 as shown in the TML Directory of Texas City Officials, is hereby authorized and directed to be paid. SECTION 5. That a certified copy of this Resolution and the approved participation fee be sent to Jay Doegey, City Attorney, City of Arlington, P.O. Box 231, Arlington, Texas 76004- 0231. SECTION 6. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of August ,1996. APPROVED: Mayor APPROVED AS TO FORM: City Attorney (RLD/sgb 7-9-96) ATTEST: City Secretary 1424 THE STATE OF TEXAS COUNTY OF TARRANT STANDING STEERING COHHITTEE PARTICIPATION AGREEMENT THIS Agreement is made and entered into on this the 6th day of August , 1996, by, between and among the CITY OF University Park ("CITY") and member cities of the STANDING STEERING COMMITTEE ("SSC"). This Agreement is authorized by the Texas Interlocal Cooperation Act (V.T.C.A. Texas Government Code, Chapter 791), and other authorities. W I T N E S S E T H: WHEREAS, the cities in the service area of Texas Utilities Electric Company have worked together collectively in a coalition to participate in the regulatory process to assure electric rates charged were just and reasonable; and WHEREAS, the nature of electric utility regulation is undergoing substantial change as a result of state and federal legislation; and WHEREAS, there remains a need for cities to cooperate to assure the public interest is protected and electric and other utility rates are just and reasonable; and WHEREAS, regulatory changes now require quick response in order to have meaningful input into the rate- setting process; and WHEREAS, it is necessary to provide adequate resources to enable cities to act quickly, decisively, and jointly on electric utility regulatory develop- ments; NOW THEREFORE, In consideration of the premises, agreements, covenants and promises set forth herein, it is agreed as follows: Attachment 4 Standing Steering Committee Membership and Executive Committee The CITY and the member cities hereby form the Standing Steering Committee ("SSC"). Each member city shall, by action of its 'governing body, approve its membership in the SSC and designate its representative to receive notices and participate in and vote at SSC meetings. The SSC shall be composed of all cities paying the current nonrefundable membership fee. The membership fee shall be established from time to time by the Executive Committee. The fee for the initial period (approximately one year) is 10¢ per capita, according to the CITY's population listed in the 1995-96 Texas Municipal League Directory of Texas City Officials. The members shall elect an Executive Committee consisting of no more than twenty (20) persons which shall function as the Board of Directors. The Executive Committee shall at least include a representative from all member cities with a population greater than 100,000, according to the 1995-96 Texas Municipal League Directory of Texas City Officials. The remainder of the representatives shall be selected based upon diversity of geographic location and city population size. Each city on the SSC and each city on the Executive Committee shall have one vote, respectively. Meetings of the Executive Committee shall be open to each city on the SSC whether or not it has a representative on the Executive Committee. 2. Powers of the Executive Committee The CITY and the member cities delegate to the Executive Committee the power to intervene on behalf of SSC member cities in electric projects, rulemaking, rate case, and related dockets and appeals thereof, ~represent the interests of cities in utility matters before state and federal legislative bodies and to pay for such activities. A member city may subsequently request and cause its party status to be withdrawn from such activities. The Executive Committee shall fix the amount of the membership fee from time to time. 3. Election of Officers The Executive Committee shall elect a chair and any co- chairs as it deems necessary who shall serve at the pleasure of the Executive Committee. The Executive Committee shall also elect a secretary/treasurer. (2) Powers of the Officers Each officer elected shall serve at the pleasure of the Executive Committee up to a term of four (4) years. The Executive Committee shall elect or .re-elect officers at least every four (4) years. Unless terminated by the Executive Committee or the respective city governing body, the officer shall perform the duties of office until a replacement has been elected. Meetings of the Executive Committee and SSC shall be upon call of the chair or two (2) members of the Executive Committee. The Executive Committee shall meet at least annually. The chair is authorized by action of the Executive Committee to engage consultants and attorneys and to pay for such services. Se Termination of MembershiD A city may terminate its membership by action of its governing body, or if said city fails to pay its membership fee in full within one-hundred eighty (180) days after notification of fee due. A city is considered notified on the day written notice is sent to its last designated representative on file with the secretary/treasurer. e Money Held in Trust The officers shall hold and manage all money collected in trust for the benefit of the member cities collectively. Officers may establish prudent fund accounts that accumulate funding for activities and to pay authorized expenses. Officers shall serve without pay, but may be reimbursed reasonable out-of-pocket expenses as approved by the Executive Committee. CITY may request and receive a state- ment of SSC revenues and expenses each year. e Payment for Performance of Governmental Functions and Services Made from Current Revenues By entering into this Agreement, CITY affirms that it is paying for the performance of governmental functions or services from current revenues available. The payments made under this agreement fairly and adequately compensates the (3) SSC for the services or functions performed under the contract. 8. Leqal Construction In case any one or more of the terms, provisions, phrases or clauses contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall be construed as if such invalid, illegal or unenforce- able portion had never been contained herein. Entire Aqreement This contract embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties. 10. No Other Obliqation~ By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. Immun i ty It is expressly understood and agreed that in the exe- cution of this Agreement, neither CITY nor SSC waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and fBnctions. 12. Authority The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto, and each hereby certifies to the other'that any necessary resolutions extending such authority have been duly passed and are now in full forceland effect. (4) IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated above. CITY SSC S a~re Bob Livinqston Typed/Printed Name City Manaqer Typed/Printed Title ATTEST: BY Signature Interim Chair Typed/Printed Name City ~edretary (5) RESOLUTION NO. 9 6-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE 1996 APPRAISAL ROLL OF THE DALLAS CENTRAL APPRAISAL DISTRICT FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's assessor and collector of taxes has submitted to the City Council the 1996 tax appraisal roll compiled by the Dallas Central Appraisal District; and WHEREAS, the City Council is of the opinion that the 1996 appraisal roll should be approved and adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the 1996 appraisal roll for the City of University Park, as presented by the Dallas Central Appraisal District, be, and the same is hereby, approved and adopted in all respects showing a total appraised property value of $2,738,487,570, new property added to the tax roll of a taxable value of $45,385,650, and a total taxable value of property for 1996 of $2,056,766,666. SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of September, 1996. U"~--~-,PPROVED AS TOt~,ORM~ CITY ATTORNEY (RLD/sgb 08-28-96) /MAYOR ATTEST: CITY SECRETARY 2952 RESOLUTION NO. 9 6-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A MASTER FEE SCHEDULE; REPEALING RESOLUTION NO. 94-12, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution 94-12, the Master Fee Resolution, be, and the same is hereby, repealed. SECTION 2. That a new Master Fee Schedule, be, and the same is hereby, adopted for the City of University Park. A true copy of the Master Fee Schedule is attached hereto as Exhibit "A", and made a part hereof for all purposes, the same as if fully copied herein. SECTION 3. This Resolution shall take effect immediately from and after its passage as the law and Charter in such cases provide, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd dayof September , 1996. APPROVED: ~'-~]I'PROVED AS TOxFOiRI~: CITY ATTORNEY (RLD/slp 08-29-96) MAYOR ATTEST: CITY SECRETARY SS2978 TABLE OF CONTENTS I. Administrative Services 1 2 3 4 5 6 7 Health permit Council chamber rental Permit to vend frozen dairy food products Permit to paint house numbers on streets License for dogs and cats Returned check charge Photocopy charges II. Building and Zoning 1 Building permit 2 Mechanical permit 3 Registration of mechanical contractor 4 Plumbing and electrical permits 5 Plumbing contractor registration 6 Sign permits 7 Planning and Zoning Commission and Board of Adjustment hearings filing fees 8 Real estate and tax inquiries 9 Electrician contractor registration 10 Drainage 11 Irrigation contractor registration 12 House moving permit and related charges 13 Temporary and mobile home moving permit 14 Registration fee for license to install automatic fire-extinguishing systems 15. Grass and weed mowing-fees and liens III. Utilities 1. Water meter security 2. Reconnection following cut-off after non-payment of water bills 3. Emergency water cut-off service 4 5 6 7 8 9 10 11 Examination and test of meters Meter rereads Water service Conservation surcharge Sewer service Commercial and business sewer service Sewer service to Southern Methodist University Utility service construction fees IV. Public Safety and Judicial 1 2 3 4 5 6 7 Impounded vehicles Wrecker service Ambulance (MICU) service Solicitor's license Commission for private guards Impoundment fees for animals 911 Emergency Service Fee 1 1 1 1 1 1 2 7 7 7 8 8 8 8 9 9 9 10 10 11 11 11 12 12 V. Sanitation VI. VII. 1 2 3 4 5 6 7 8 Residential garbage collection Brush and tree limbs removal Appliances and furniture removal Commercial garbage collection Liquid waste transport Yard waste bags Transfer station fees Recycling fees Parks and Recreation 1 2 3 4 5 6 7 7 Reservations-Goar Park pavilion/PLA.System Tennis Courts-permits Parks and playing fields reservations for filming Playing fields reservations Park-sports clinics Park reservation fees Swimming pool fees/permits Swimming lessons Commercial Filming Fees 1. Small Productions 2. Large Productions 3. Reimbursement of Personnel Costs 12 12 12 13 13 13 13 14 14 14 15 15 15 15 15 17 17 17 17 I. ADMINISTRATIVE SERVICES 1. Health permit (Ch. 6, Sec. 6.304) An annual fee of one hundred and seventy-five dollars ($175.00) will be collected from each food service establishment for a health permit issued by the City Secretary and thereafter for the renewal of such permit. 2. Council chamber rental (Ch. 1, Art. 1.700) (1) Community-related groups which serve the youth or elderly shall be allowed the use of the premises for ten dollars ($10.00) daytime use (8:00 a.m. to 5:00 p.m.) and twenty dollars ($20.00) for after 5:00 p.m. to 11:00 p.m. use. (2) Ail other groups shall pay twenty-five dollars ($25.00) per daytime use and fifty dollars ($50.00) for after 5:00 p.m. to 11:00 p.m. use. 3. Permit to vend frozen dairy food products (Ch. 4, Sec.4.203) Applicants for a permit to vend frozen dairy products will be charged a fee of twenty-five dollars ($25.00) for investigation. The fee shall not be prorated and shall be paid at the time application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. 4. Permit to paint house numbers on streets (Ch. 4, Sec.4.303) A fee of twenty-five dollars ($25.00) for investigation shall be charged to any person applying for a permit to paint house numbers on streets. The fee shall not be prorated and shall be paid at the time the application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. 5. License for dogs and cats (Ch. 2, Art. 2.600) The owner of each dog or cat more than four (4) months old in the city shall obtain a license for such dog or cat from the city manager or his designee. At the time of application for such license, the owner shall present a certificate of vaccination as specified in the City Code, and pay a licensing fee of ten dollars ($10.00) for each altered dog or cat and twenty dollars ($20.00) for each unaltered dog or cat. 6. Returned check charge (Res. 93-16) The maximum charge permitted under Texas law will be imposed by the City for the collection of checks returned by the banks for the lack of funds when such checks are used in payment to the City for deposits or obligations legally owed by the issuer of the said returned checks. The Director of Finance will add the returned check charge to the other obligations owed to the City by the issuer of the returned checks. The Director of Finance, with the approval of the City Manager, may waive such charge if the City was negligent in the cashing of the check or if special circumstances deem the waiver as appropriate; however, in all cases of a waiver complete records must be made of the reason for the waiver. 7. Photocopy charqes (Admin. Or. FNC-10) (1) The charge for photocopies up to 8.5" x 14" will be $1.00 for the first page and $.10 for each additional page. (2) The charge to reproduce documents larger than 8.5" x 14" will be the actual cost incurred by the City in obtaining the reproductions. (3) The charge to reproduce documents stored on microfilm will be $2.00 per page. (4) The charge to retrieve information from mainframe computer data storage banks will be computed at the rate of $25.00 per hour of operator time for information requested in a standard City report form and $125.00 per hour for information requested in a non-standard format. EXCEPTIONS: (5) The charges in the above section do not apply to official publications normally offered to the public free of charge. (6) Copies of the complete University Park Zoning Ordinance may be purchased for $10.00. (7) Address labels printed from the City's mailing list are available to nonprofit organizations for a fee of $100.00. ADDITIONAL CHARGES: (8) Requests requiring more than 1/2 hour of search and preparation time will be subject to an additional fee to cover processing costs. The fee will be computed at the rate of $25.00 per hour. II. BUILDING AND ZONING 1. Building permit (Ch. 3, Sec 3.103) (1) New construction fees: Residential: building area sq. ft. 1000 or less 1001 - 1250 1251 - 1500 1501 - 1750 1751 - 2000 2001 - 2250 2251 - 2500 2501 - 3000 3001 - 3500 3501 - 4000 4001 - 4500 4501 or greater permit fee $ 800.00 $1000 oo $1200 00 $1400 00 $1600 00 $1800 oo $2000 00 $2400 00 $2800 00 $3200 00 $3600 00 $3,600.00 + .80 per sq.ft. Nonresidential: $ 0 - $ 350,000 $ 350,000 - $1,000,000 $1,000,000 or greater 1% of value $3,500.00 + .75% of value over $350,000 $4,875.00 + .5% of value over $1,000.00 (2) Additions, alterations, and repair fees: Occupancy type ALL Valuation $ o - 5o0 501 - 1000 1001 - 2500 2501 - 5000 5001 or > Permit fee $ 20.00 $ 30.00 $ 40.00 $ 50.0o 1% of value o Mechanical permit (Ch. 3, Sec. 3.1103) (1) Fees for new construction: Type of occupancy Building area in square feet Mechanical permit fee Residential: 1000 or less 1001 - 1250 1251 - 1500 1501 - 1750 1751 - 2000 2001 - 3500 3501 - 4500 4501 or > $ 20 00 $ 35 oo $ 50 oo $ 65 oo $ 80 oo $ 95 oo $110 00 $12o 0o Nonresidential: 0 - 250 250 - 500 500 - 100,000 100,000 or > $ 10.00 $ 20.00 $ 20.00 + .02/sq.ft. $500.00 + .015/sq.ft. (2) Fees for additions, alterations, and repairs: Type of occupancy Valuation Mechanical permit fee Ail $ 0 - 500 501 - 1500 1501 - 3000 3001 - 10,000 10,001 or > $10.00 3% of valuation $15.00 + 2% of valuation $45.00 + 1% of val. $95.00 +.5% of val. 3. Registration of mechanical contractor (Ch. 3, Sec. 3.1103) The registration fee for a mechanical contractor shall be twenty- five dollars ($25.00). 4. Plumbing and electrical permits (Ch. 3, Sec. 3.102, 3.1007 The fees for plumbing and electrical permits are as follows: (1) Fees for new construction: Type of Building area occupancy square feet Permit fee Residential 1000 - 1250 1251 - 5000 1501 - 1750 1751 - 2000 2001 - 3500 3501 - 4500 4501 or > $ 20 00 $ 35 oo $ 5o oo $ 65 oo $ 95 oo $110 oo $120 00 Nonresidential 0 - 250 251 - 500 501 - 100,000 100,001 - or more $ 10.00 $ 20.o0 $20.00 + .02/sq.ft. $500.00 + .015/sq.ft. (2) Fees for additions, alterations and repairs: Type of occupancy Valuation Permit fee Ail $ 0 - 500 501 - 1500 1501 - 3000 3001 - 10,000 10,001 or > $10.00 3% of valuation $15.00 + 2% of val. $45.00 + 1% of val. $95.00 + .5% of val. 5. Registration of plumbing contractor (Ch. 3, Sec 3.1203) It shall be required that all plumbing contractors register with the City. The registration fee shall be twenty-five dollars ($25.00). 6. Sign permits (Ch. 12, Sec. 12.203, 12.209) (1) A sign permit shall not become valid until the applicant has paid to the City the appropriate fee according to the following schedule: Type sign Valuation Permit fee Ail $ 0 - 500 $ 20.00 501 - 1000 $ 30.00 1001 - 2500 $ 40.00 2501 - 5000 $ 50.00 5001 or more 1% of value (2) An investigation fee shall be collected in addition to the permit fee whenever any sign for which a permit is required has been installed, replaced or altered without first having obtained a permit. The investigation fee shall be two (2) times the amount 4 of the permit fee and shall not exceed two hundred fifty dollars ($250.00). The investigation fee shall be collected even if a permit is not issued. 7. Filing fee for the Planning and Zoning Commission and Board of Adjustment hearings (Ch. 12, Sec. 12.103) The fees to be paid by applicants who request a hearing before either the Board of Adjustment or the Planning and Zoning Commission shall be one hundred fifty dollars ($150.00) per application. 8. Real estate and tax inquiries (Res. 85-9) Information relative to real estate description or tax matters shall not be given out over the telephone to any commercial establishment by employees of University Park. All inquiries in regard to real estate descriptions, tax searching status, etc., shall be presented in writing to the City and the City shall make a three dollar ($3.00) charge for each item requested. 9. Reqistration of electrician's license (Ch. 3, Sec. 3.1007) The fees for licensing of qualified electricians and electrical contractors shall be payable to the City of University Park as set forth in the following table. The period for payment of fee shall begin on January 1st and end December 31st of the same calendar year. No inspection permit will be issued, nor work authorized to permit the applicant thereof to enter into a contract for or do any installation, maintenance or repair of any electrical work unless such person has paid his annual registration fee as required by this subsection. License Annual Fee Electrical Contractor $75.00 Master Electrician $20.00 Journeyman Electrician $10.00 10. Drainaqe fee (Ch. 3, Sec. 3.103) In lieu of the option available in paragraph (iv) of Chapter 3, Section 1, Subsection C, Part 18c of the City Code, a monthly drainage fee may be paid. If the amount of impervious area exceeds that allowed in paragraph (i) of the above referenced part of the City Code, the monthly drainage fee shall be calculated as follows: Unit or standard lot size Unit impervious area Minimum monthly fee (any district) Maximum monthly fee (any district) 6000 sq. ft. 3600 sq. ft. $ 4.50 $ 22.50 Drainage Factor (D.F.) Single family = Basic unit District Coefficient (D.F.) Single family SF-A, D-i, D-2, MF-1, MF-2, MF-3 Ail others 0.4/0.4 1.00 0.6/0.4 1.50 0.9/0.4 2.25 Formula for monthly fee: Imp. area (sq ft) X Lot size (sq ft) X D.F. X $4.50 3600 6000 The Drainage fee shall not exceed $22.50 per month. All funds collected from drainage fees shall be set aside in a special fund to be used only for drainage related improvements. 11. Irriqation code--registration of contractor (Ch. 3, Sec. 3.2203) All irrigation contractors shall register with the registration fee shall be twenty-five dollars ($25.00). City. The 12. House moving permit and related charges (Ch. 3, Sec. 3.1701, 3.1705) (1) The applicant shall pay a fee of twenty-five dollars ($25.00) to the building official for the moving permit. (2) The applicant shall reimburse the City of University Park for any personnel costs, including overhead, directly related to providing assistance to the moving activity. The building official may require a cash deposit at the time of application to ensure partial or full payment of personnel costs. (3) Ail fees and deposits shall be paid to the building official at the time of application for moving permit. If escort personnel have to return, the building official may require that an additional cash deposit be paid before the house, building, or structure is to be moved. 13. Moving temporary and mobile homes (Ch. 3, Sec. 3.1705) The fee for the issuance of a permit for the movement of a mobile or temporary home within the city limits of the City of University Park shall be five dollars ($5.00). 14. Registration fee for license to install automatic fire- extinquishing systems (Ch.5, Sec. 5.1300) The fee for registration of a license shall be $25.00 for Fire Sprinkler Contractor. 15. Grass and weed mowing-fees and liens (Ch. 6, Sec. 6.204, 6.205) (1) Fees-Owners of property mowed to correct tall grass and weeds shall pay a fee equal to the cost of mowing plus interest at six percent from the date of mowing. (2) Liens-Property liens filed for non-payment of fees and interest for mowing tall grass and weeds will include a legal and administrative fee of $50.00. III. UTILITIES 1. Water meter security (Ch. 11, Sec. 11.303) (1) Before water service is furnished to a consumer at any address, the consumer shall be required, upon making application for such service, to deposit with the manager of the utility office, deposits amounting to the following for each meter: (a) For 5/8" and 1" meter, or smaller, rental units $ 65.00 (b) For 5/8" and 1" meter, or smaller, homeowner occupied $ 35. O0 (c) For meters larger than 1", a minimum of $ 75.00 (d) Hydrant meter (refundable) $750.00 (e) Hydrant meter installation fee $ 40.00 (2) The deposit for apartments or duplexes which are not individually metered will be $35.00 per unit. For example, the deposit for a four unit apartment will be $140.00. (3) In the case of business institutions, the manager of the utility office may require a deposit equal to two times the average monthly bill on such premises. 2. Reconnection following cut-off for nonpayment of water bills (Ch. 11, Sec. 11.306) When water is cut off from any consumer or from any premises on account of nonpayment for water and sewer services furnished, the manager of the utility office shall not permit the water or sewer services to be furnished to said premises or consumer until the full amount delinquent, the ten (10%) percent penalty, and a collection or reconnection charge of twenty dollars ($20.00) is paid. Such amount shall be paid at the utility office if reconnected during normal office hours. 3. Emergency water cut-off service (Ch. 11, Sec. 11.307) Whenever any consumer, owner or occupant of premises shall request the city to cut off his water service at the meter for his convenience or due to the fact that his stop and waste or house cut off is either nonfunctional or cannot be found, then the manager of the utility office shall add a service fee to his bill of fifteen dollars ($15.00) for each cut off. 4. Examination and test of meters (Ch 11, Sec. 11.308) Any consumer shall have the right to demand that the meter through which water is being furnished be examined and tested by the waterworks for the purpose of ascertaining whether it is or is not registering correctly, the amount of water which is being delivered through it to such consumer; provided, that when such consumer desires to have any meter so examined and tested, such consumer shall make application therefor in writing to the manager of the utility office, and shall deposit with such application the amount charged for various sizes: (1) For testing any size up to a 1" meter - $10.00 (2) For testing any meter larger than 1" - $15.00. 5. Meter rereads (Ch. 11, Sec. 11.309) Any consumer who feels that their measured water consumption is excessive may request that the meter be reread. Two (2) free re- reads are allowed within each calendar year and any in excess will be charged ten dollars ($10.00), unless there has been an error on the part of the city, or the meter is faulty. o Water service (Ch. 11, Art. 11.4000) (1) The following minimum monthly rates for all metered water service shall be as follows: For 5/8" or 3/4" meter For a 1" meter For a 1 1/2" meter For a 2" meter For a 3" meter For a 4" meter For a portable meter 2 3 4 5 6 7 $ 7.50 $ 8 25 $ 10 70 $ 13 35 $ 15 90 $ 26 15 $120 00 (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 thirty-five cents ($2.35) per thousand gallons of water used, or any portion thereof. (3) Any duplex or multi-family dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant. All single family units shall pay a minimum charge for each meter but such minimum shall provide for a usage of 2,000 gallons per meter. 7. Conservation surcharge (June - November billings) (Ch. 11, Art. 11.4000) During the six (6) summer months, each water meter except those for Southern Methodist University, shall be subject to a monthly surcharge/conservation charge for all consumption in excess of 11,500 gallons. SMU meters shall be subject collectively to a monthly surcharge/conservation charge 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-five cents ($0.65) per thousand (1,000) gallons for all excess consumption. 8. Sewer service (Ch. 11, Art. 11.500) (1) The sewer charge for each single family, duplex or multi- family dwelling shall be included on the utility bill and shall be calculated as follows: (a) Ail sewer charges are based on the use of water passing through the water meter or meters. All single family units, having more than one meter, shall have the usage of meters added together for the purposes of this section; however, if separate bills are rendered for a lawn sprinkler such consumption shall not be considered for sewer charges. (b) Any duplex or multifamily dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant, and any usage over the minimum shall be averaged over each unit of the dwelling as though each unit consumed the water the average indicates. (c) Any duplex or multifamily dwelling having individual water meters for each unit shall be treated, for sewer billing purposes, as though each were a single family dwelling. (d) There shall be a fourteen dollar and seventy five cent ($14.75) minimum sewer 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 be billed at two dollars and twenty one cents ($2.21) per 1,000 gallons per month per unit for the sewer fee. (f) The sewer bill for March through February shall be based on the average billing of water over the three-month period as listed below: CYCLE I The water used during the months of November, December and January. CYCLE II The water used during the period of November 15 to February 15. (2 For each business or commercial establishment of any nature, plus public institutions such as schools and churches: (a There shall be a fourteen dollar and seventy five cent ($14.75 minimum sewer charge per account which includes two thousand (2,000) gallons of water per month. (b) Any water used in excess of two thousand (2,000) gallons per month shall be billed at a rate of two dollars and twenty one cents ($2.21) per 1,000 gallons per month. (3) For service to Southern Methodist University, two dollars and twenty one ($2.21) per one thousand (1,000) gallons of water used per month, but that the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceding October, November, December, January, February and March adjusted for lawn, swimming pool and metered cooling tower use. o Schedule of utility service construction fees (Ch. 11, Art. 11.600) For services performed by the city as denoted in this Chapter, the 9 following charges will be made: Installation of a one inch (1") water meter $ 900.00 Installation of a sewer tap $ 900.00 Installation of a one inch (1") water meter and sewer tap in a single excavation $1,300.00 Removal of an existing water meter and/or sewer tap per excavation $ 800.00 The price for the installation of water meters greater than one inch (1") and excavations in other than the alley will be determined by the city, based on the size, location, current costs and specifications. IV. PUBLIC SAFETY AND JUDICIAL 1. Vehicles impounded by order of Chief of Police (Ch 10, Sec. 10.2304) (1) Actual cost as charged by the designated wrecker service providing the impoundment plus a $20.00 administration fee. (2) For storing a vehicle - $10.00 per vehicle per day, after the first twenty-four (24) hour period. (3) For selling a vehicle - $10.00. (4) For preparing advertisement for sale - $5.00. (5) For newspaper advertisement - the actual cost as charged by the designated city publication. 2. Wrecker service fees (Ch. 10, Sec. 10.2408) (1) A designated wrecker company or another emergency wrecker company authorized by the chief of police to render specific service in a specific emergency shall charge the following fees for towing vehicles with a light-duty wrecker: (a) Forty-five dollars ($45.00) for towing a vehicle from a point within the city to another point within the city, to the city pound, or to a point inside Highland Park. (b) Forty-five dollars ($45.00) for towing a vehicle from a point within the city to a point inside LBJ Freeway and north of Interstate 30. (c) Fifty-five dollars ($55.00) for towing a vehicle from a point within the city to a point inside LBJ Freeway and south of Interstate 30. (d) Seventy-five dollars ($75.00) for towing a vehicle from a point within the city to a point within Dallas County outside LBJ Freeway and north of Interstate 30. (e) Seventy-five dollars ($75.00) for towing a vehicle from a point within Dallas County outside of LBJ Freeway and south of Interstate 30. 10 (f) Twenty-five dollars ($25.00) for performing a service which does not require that a vehicle be towed, including but not limited to adding fuel, prying a bumper from a tire, or other similar services. (g) Twenty dollars ($20.00) for using dollies in addition to other allowable charge. (h) For towing a vehicle from a point within the city to a point not listed in paragraphs (a) through (f) of this subsection, twelve dollars and fifty cents ($12.50) plus one dollar and fifty cents ($1.50) per mile or fraction thereof. (i) Forty dollars ($40.00) per hour of recovery time, such time to begin fifteen (15) minutes after the light-duty wrecker has arrived on the scene, and to end when the vehicle is ready to be towed. Rates for fractions of an hour are based on quarter hour increments. (2) The rates specified in paragraphs (a) through (i) in this subsection, shall be doubled for heavy-duty wreckers. In addition to the specified rates for towing, a designated wrecker company is authorized to charge ninety dollars ($90.00) per hour for recovery time, such time to begin when the heavy-duty wrecker arrives on the scene, and to end when the vehicle is ready to be towed. Rates for fractions of an hour are based upon quarter hour increments. 3. Ambulance (MICU) (Ch. 1, Sec. 1.1903) (1) A base fee of two hundred and forty dollars ($240.00) shall be charged per trip per person for the transportation by Mobile Intensive Care Unit (MICU) of a person or persons to a hospital providing emergency medical attention within the boundaries of Dallas County. In all cases, whether one (1) person or more than one (1) person is transported in the same MICU, the $240.00 charge per trip applies to each individual transported. (2) In addition, a fee will be charged for each additional emergency medical service provided to the person or persons transported. 4. Solicitor's license fee (Ch. 4, Sec. 4.103) A fee of fifty dollars ($50.00) for investigation of persons wanting to peddle, sell, solicit, canvass, or take orders for any services, wares, merchandise, or goods shall be charged which shall not be prorated and shall be paid at the time application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. 5. Commission for private guards (Ch. 4, Sec. 4.407) Each individual receiving a private guard commission shall pay a fee of fifty dollars ($50.00). 11 6. Impoundment fees for animals (Ch. 2, Sec. 2.608) The city manager or his designee shall collect a fee of thirty dollars ($30.00) for the impoundment of any animal prior to the release of such animal, if such animal has been impounded for a period of less~_.than seventy-two (72) hours. If the animal has been impounded for observation for rabies and held for ten (10) days, the city shall collect a fee of one hundred twenty-five dollars ($125.00), and an additional fee of ten dollars ($10.00) per day if such impoundment is for a period in excess of ten (10) days. 7. 911 Emergency Service Fee (Res. 95-11) The City shall collect the fol£owing monthly fees for providing 911 Emergency Service within the City: Residential telephones $ .62 Business telephones 1.51 Trunk lines 2.50 V. SANITATION 1. Residential qarbage collection (Ch. 6, Sec. 1.108) The city shall charge the following sums per month for its services in removing garbage and trash from residences, two-family houses, and apartment houses, as follows: Single family dwelling Two-family dwelling, per unit Apartments, per unit (on residential route) Apartments, per unit (on commercial route) Carryouts, each unit $12.60 $12.60 $12.60 $ 6.40 $46.20 2. Brush and tree limbs which are too bulky to be tied in bundles shall be stacked on the parkway to be picked up. An extra charge shall be assessed for this service on the regular billing as follows: Manual pickup Mechanical pickup (less than one-half truckload) Mechanical pickup (one-half truckload) Mechanical pickup (full truckload) $ 7.50 $40.00 $60.00 $80.00 3. The city shall charge the following sums for the removal of appliances, furniture and other large items: Range, refrigerator $15.00_ Washer, dryer, window air conditioner, water heater, sofa, bed etc. $10.00 These items shall be placed on the parkway and will be picked up on a "call-in" basis only. 12 4. Commercial garbage collection (Ch.ll, 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, where containers have been placed at any of such establishments, sanitation charges based upon the following schedule: Collections per week Number of containers 1 2 3 4 2 $ 67.92 106.69 126.14 $155.17 3 89.26 135.80 170.72 211.45 4 110.59 164.89 217.26 270.61 5 135.80 197.88 261.92 325.01 6 161.00 242.55 294.92 361.87 5 6 7 8 2 $184.20 213.23 242.17 $271.30 3 252.19 292.91 333.65 379.28 4 323.95 377.30 430.64 483.98 5 388.06 451.13 514.20 577.26 6 428.83 495.78 562.75 629.71 (2) 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 pickups are the basis for such calculation. 5. Liquid waste transport (Ch. 6, Sec. 6.402) The city shall not issue a liquid waste transport permit (as specified in Chapter 6, Section 5 of the City Code) to an applicant until the appropriate established fee is paid. A person shall pay a fee of two hundred and forty dollars ($240.00) for the first vehicle and one hundred and seventy dollars ($170.00) for each additional vehicle operated by the person. Each permit must be renewed annually. 6. Yard waste bags (Ch. 11, Sec. 11.103, Res. 94-7) The city shall sell biodegradable yard waste bags for seventy-five cents ($0.75) each to individuals. A discounted price may be set for sale of the bags by the city to retail establishments or other organizations which intend to resell the bags to end users. 7. Transfer station fees (Res. 94-7) Effective July 1, 1994, the following fees shall be assessed for use of the city's solid waste transfer station: (i) University Park residents driving passenger cars, pickups, and single-axle trailers to haul refuse shall not be charged. A valid Texas driver's license is required as proof of residency. 13 (2) Non-residents driving passenger cars, pickups, and single-axle trailers to haul refuse: $40.00 per load. (3) Non-residents driving pickups, vans, panel trucks, and single-axle trailers to haul refuse: $40.00 per load. (4) Non-residents driving trucks or multi-axle trailers with a cargo bed length of 15 feet or less to haul refuse: $75.00 per load. (5) Non-residents driving trucks or multi-axle trailers with a cargo'bed length of more than 15 feet and equal to or less than 25 feet to haul refuse: $100.00 per load. (6) Non-residents driving trucks or multi-axle trailers with a cargo bed length of more than 25 feet or truck tractors with semi-trailers to haul refuse will not be accepted at the transfer station. 8. Recycling fees (Res. 94-19) Each residence receiving an individual City sanitation bill will be charged a recycling fee: (1) Alley/curbside service $1.88 (2) Packout service 3.10 VI. PARKS AND RECREATION 1. Park reservations (Ch. 13, Art. 13.400) Rental of Goar Park pavilion: (1) Residents of U.P. may use the pavilion for personal use of twenty dollars ($20.00) per hour during the daytime (9:00 a.m. to 5:00 p.m.), and for thirty dollars ($30.00) per hour for evening use (5:00 p.m. to 11:00 p.m.). (2) All other groups who use the pavilion for personal use, except those specified in the following section, shall pay forty dollars ($40.00) per hour for daytime use, and sixty dollars ($60.00) for evening use. (3) Ail applicants that desire to use the facility for business, commercial, or professional gatherings may apply for the use of said pavilion for daytime hours between 9:00 a.m. and 5:00 p.m., and if such application is approved, the applicant shall pay the City Secretary seventy-fiv~ dollars ($75.00) per hour, but the applicant may make no charges nor collect any money of any kind or character from any person whatsoever. (4) P.A. system for pavilion. There shall be a forty-five dollar ($45.00) charge if installation of a public address system is required by the person renting the pavilion. 2. Tennis courts (Ch. 13, Sec 13.204) Ail qualified residents of the City of University Park, upon making application with the Utilities Office, may secure an annual tennis permit. Such permit shall be numbered and coded as to indicate the 14 time of its validity. The charge shall be as follows: Individual permit Family permit Children under 12 Persons over 65 $ 40.00 $ 80.00 $ 7.5o $ 7.5o 3. Parks and playing fields reservations for filming (Ch. 11, Sec. 13.501) Commercial use of any and all park facilities (including tennis courts and Goat Park Pavilion) for filming, photographing, etc., shall carry a charge of seventy-five dollars ($75.00) per hour, plus a damage and clean up deposit of two hundred and fifty dollars ($250.00). 4. Playing fields reservations (Ch. 13, Sec. 13.502) Reservation card: Bona fide residents who are interested in making playing field reservations shall buy an annual reservation card from the reservations clerk for a fee of ten dollars ($10.00). 5. Park--sports clinics (Ch. 13, Sec. 13.503) Any individual or group wishing to use a park or playing field to conduct a sports clinic as a profit-making venture shall reserve the park or playing field by filling out the appropriate application forms in the Park Department office and pay a fee of twenty dollars ($20.00) per hour for each hour the clinic is scheduled to be operated in the park or on the playing field reserved. If, after the conduct of the clinic is completed, the number of hours during which the park or playing field was actually in use exceeds the fee paid, the applicant shall be liable and responsible to pay the additional fee in the Park Department office within five (5) days after completion of the clinic. If the actual number of hours is less that the fee paid, the applicant shall receive a pro rata refund. The application forms and all fees must be in the park office at least one (1) week before the clinic is scheduled to begin. 6. Park reservation fees (Ch. 13, Sec. 13.501) Any organized group not sponsored by the City and having special features (i.e., pony rides, petting zoos, bounce machines, port-a- johns, tents, etc.) that wishes to use a park, must make a reservation with the Parks Department, must make a two hundred fifty dollar ($250.00) refundable deposit, and must pay a rental fee according to the following schedule: 1 - 25 people 26 - 99 people 100 - 199 people 200 - 299 people 300 - and up $ 25.00 $1o0.00 $2o0.oo $3O0.0O $500.00 Groups of twenty-five (25) or less that wish to reserve a park but will not use special features do not have to make a deposit. Baseball fields may also be reserved for an additional fee of fifty dollars ($50.00). 15 7. Swimming pool (Ch. 13, Art. 13.300) (1) Ail residents of University Park, non-resident owners of property in University Park, and residents of the Highland Park Independent School District (HPISD) who are not residents of University Park, six (6) years of age or older upon making application in person to the Utilities Office, may secure annual permits to swim in the pools. The charge for these permits shall be as follows: a o For a season permit, if purchased on or before May 18, 1996: (i) for U.P. residents who renew by mail: $25.00. (ii) new permit issued for U.P. residents: $35.00. (iii) for non-University Park residents of the Highland Park Independent School District if renewed by mail: $65.00. (iv) for non-University Park residents of the Highland Park Independent School District for a new permit issued: $75.00. (v) for U.P. senior citizens (60 and older): $25.00. b. For a season permit, if purchased after May 18, 1996: (i) for U.P. residents who renew by mail: $30.00. (ii) new permit issued for U. P. residents: $40.00. (iii) for non-University Park residents of the Highland Park Independent School District if renewed by mail: $90.00. (iv) for non-University Park residents of the Highland Park Independent School District for a new permit issued: $100.00. (v) for U.P. senior citizens (60 and older): $25.00. If an immediate family of more than four (4) purchases more that four (4) permits at one time, each permit in excess of four (4) shall be sold at half price. (2) Ail day care centers, located in University Park, may purchase an annual pass for teachers and students six (6) years and under. Such annual pass shall be three hundred dollars ($300.00) per swimming season, incumbent upon the teacher ratio being five (5) students per teacher and that the time limitation on the students in limited to the hours between 10:00 a.m. and 3:00 p.m. (3) A member of group defined in subsection (1) above may secure permission for guests to use pools by paying attendants of the gate a cash fee of four dollars ($4.00) for each guest each time each guest uses the pool. (4) A member of a group defined in subsection (1) not owning an annual permit may use the swimming pool upon presentation of identification and paying a charge of four dollars ($4.00) per person for each time the pool is used. 16 AGG03BC2 (5) Lost permit identification card If the photo identification card issued with the annual pool permit is lost, a duplicate may be secured from the Utilities Office for ten dollars ($10.00). (6) Use of pool by children under six years of age Children under six (6) years of age who are members of a group defined in subsection (1) above or guests of a member of a group defined in subsection () above may use any of the pools without charge when accompanied by a parent or guardian sixteen (16) years of age or older at all times. If the parent or guardian desires to enroll such child in one of the swimming instruction classes, a ten dollar ($10.00) enrollment fee shall be paid for the child. (7) Persons who may accompany children to small pools All adults accompanying small children to small pools in bathing attire must pay a two dollar and fifty cent ($2.50) guest fee or purchase an annual pool permit. 7. Swimming lessons (b) Enrollment fee of ten dollars ($10.00) shall accompany the application for admission to a swimming class. The absence of anyone enrolled in a class three (3) times in succession shall forfeit the right to continue in the class. In the event that a person's name is dropped from class roster because of being absent three (3) times in succession, an additional enrollment fee of five dollars ($5.00) will be charged when application is made for the re-enrollment in any other class. VII. COM/4ERCIAL FIL~ING FEES (Res. 96-11) Small productions 1. Filming permit application fee 2 Rental of City Parks (see Section VI) $ 25.00 o Large productions 1. Filming permit application fee 2. Filming Fees First day of filming (or fraction Each additional day of filming 3. Permit revision fee 4. Rental of City Parks (see Section VI) $200.00 $200.00 $ 50.00 $ 5o.00 3. Reimbursement of personnel costs The applicant shall reimburse the City of University Park for any personnel costs (i.e., police, fire, traffic, etc.), plus overhead, directly related to providing assistance to the filming activity. The film coordinator may require a cash deposit at the time of the application to ensure full payment of personnel costs. 17 AGG0 3 BC2 RESOLUTION NO. 9 6 - 2 0 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING EXECUTION OF A MERCHANT AGREEMENT WITH FIRST TENNESSEE BANK, N.A., FOR CREDIT CARD SERVICES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Manager, Assistant City Manager, or Finance Director are hereby authorized to execute an agreement with First Tennessee Bank, N.A., entitled "Merchant Agreement" on behalf of the City of University Park. SECTION 2. That any of said officers are further authorized to act for and on behalf the City of University Park in any other matter relating to the conduct and performance of the terms and conditions of the Merchant Agreement. SECTION 3. That the form of the Merchant Agreement proposed by First Tennessee Bank be, and the same is hereby, approved in all respects for execution. SECTION 4. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 16th day of October ,1996. i~'----'~PROVED AS TO ~,,ORM: ,-~ ('-~'~ City Attorney (RLD/sgb 10-9-96) APZOVED: ,- Mayor ATTEST: City Secretary 4137 RESOLUTION NO. 9 6- 21 A RESOLUTION AUTHORIZING THE STEERING COMMITTEE OF LONE STAR GAS SERVICE AREA CITIES TO RETAIN LEGAL COUNSEL AND CONSULTANTS; AUTHORIZING THE STEERING COMMITTEE TO INTERVENE IN ON BEHALF OF THE CITY OF UNIVERSITY PARK IN TEXAS RAILROAD COMMISSION GAS UTILITIES DOCKETS 8647 AND 8664 AND RELATED DOCKETS AND CASES INQUIRING INTO THE RATES AND SERVICES AND OPERATIONS OF LONE STAR GAS COMPANY WHEREAS, the Texas Railroad Commission has initiated an inquiry into the rates, services and operations of Lone Star Gas Company (GUD 8647); and WHEREAS, Lone Star Gas Company has filed a city gate rate case (GUD 8664); and WHEREAS, conditions have changed substantially in the gas industry since the last Lone Star Gas gate rate case in 1982; and and WHEREAS, Texas Utilities Electric Company is purchasing Lone Star Gas Company; WHEREAS, the rates determined in the above proceeding may have an impact on the electric rates of Texas Utilities Electric Company customers; and WHEREAS, the City of University Park, Texas, ("City") is a regulatory authority and whose citizens will be substantially affected by the rates established as a result of such proceedings; WHEREAS, the Steering Committee of Lone Star Gas Service Area Cities has been formed to facilitate and coordinate the participation of cities in the service areas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The City hereby authorizes the Steering Committee of Lone Star Gas Service Area Cities, of which the City is a member, to retain legal counsel, engage consultants, 5650 and intervene on behalf of the City in Texas Railroad Commission Gas Utilities Docket Nos. 8647 and 8664 and related dockets and cases, including appeals. SECTION 2. The City designates Kent: Aust±n , as its representative at all meetings and to receive all notices at 3800 University Blvd, Dallas, Texas 75205. SECTION 3. The City authorizes payment to the Steering Committee of Lone Star Gas Service Area Cities of five cents ($.05) per capita based upon the latest Texas Municipal League population figures for the City. SECTION 4. The City Secretary shall cause a copy of this resolution and appropriate payment to be sent to the Chair of the Steering Committee. PRESENTED AND PASSED on this the 18 th day of December ., 1996, by a vote of 5 ayes and 0 nays at a regular meeting of the City Council of the City of University Park, Texas, and it is accordingly so resolved. APPROVED: ~.~: :~.~PPROVED AS TO FORM: City Attorney (RLD/sgb 12/6/96) ATTEST: City Secretary 5650 RESOLUTION NO. 9 7-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RF_SOLUTION NO 96-19 REVISING INTERF_ST AS GRASS AND WEED MOWING LIENS, AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution 96-19 be, and the same is hereby, amended to read as follows: "II. BUILDING AND ZONING 15. Grass and weed mowing-fees and liens (1) Fees-Owners of property mowed to correct tall grass and weeds shall pay a fee equal to the cost of mowing plus interest at ten percent per annmn fi-om the date of mowing until paid. (2) Liens-Property liens filed for non-payment of fees and interest for mowing tall grass and weeds will include a legal and administrative fee of $50.00." SECTION 2. This resolution shall take effect immediately t~om and after its passage, and it is accordingly so resolved DULY PASSEl} by the City Council of the City of University Park, Texas, on the 7ih day of 3anuary , 1997. APPROVED: ATFF_ST: CITY SECRETARY RESOLUTION NO. 9 7- 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, RATIFYING THE AGREEMENT REACHED BETWEEN TU ELECTRIC AND THE STEERING COMMITTEE OF CITIES REGARDING A REFUND OF $80 MILLION; AUTHORIZING INTERVENTION IN THE PUC DOCKET TO CONSIDER THE REFUND; AUTHORIZING CONTINUED NEGOTIATIONS BETWEEN TU ELECTRIC AND THE STEERING COMMITTEE TO RESOLVE FUTURE OVEREARNINGS ISSUES AND THE APPEALS AND REMANDS ASSOCIATED WITH PUC DOCKET NOS. 9300 AND 11735; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park is a member of the Steering Committee of Cities Served by TU Electric (Steering Committee); and WHEREAS, the Steering Committee has negotiated with TU Electric, the PUC's General Counsel and the Office of Public Utility Counsel (OPC), to resolve TU Electric's overeamings in 1997; and WHEREAS, a Stipulation and Joint Application, reflecting a negotiated agreement between the Steering Committee, TU Electric, the PUC's General Counsel and OPC and TU Electric to refund $80 million to ratepayers in August 1997 was filed with the PUC on March 26, 1997; and WHEREAS, the PUC will docket a proceeding to consider the Stipulation and Joint Application; and WHEREAS, there is need for further negotiation with TU Electric to resolve future overearnings, the outstanding appeal of TUEC's last rate case, PUC Docket No. 11735 and the Texas Supreme Court's remand to the PUC of certain issues from Docket No. 9300. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That City Council of the City of University Park ratifies the action of the Steering Committee in reaching an agreement with TU Electric on 1997 overeamings and specifically approves of the Stipulation and Joint Application filed with the PUC on March 26, 1997 and of the Agreement of TU Electric to refund $80 million to ratepayers in August 1997. SECTION 2. The City Council of the City of University Park authorizes participation before the PUC in proceedings to consider the Stipulation and Joint Application for a refund of $80 million. 8462 SECTION 3. The City Council of the City of University Park ratifies the intent of the Steering Committee to engage in further negotiations with TU Electric to resolve future overeamings and issues related to the appeals and remands associated with prior TU Electric rate proceedings. SECTION 4. This Resolution shall take effect from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 23rd day of April, 1997. APPROVED: APPROVED AS TO FORM: City Attorney (RLD/sgb 4-4-97) ATTEST: City Secretary 8462 RESOLUTION NO 9 7-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, REQUESTING THAT THE FEDERAL COMMUNICATIONS COMMISSION RESERVE SUFFICIENT BROADCAST CHANNELS TO INSURE THE FUTURE NEEDS OF PUBLIC SAFETY AGENCIES IN THE UNITED STATES. WHEREAS, concerns about public safety continue to be a prevailing interest of the American public and the local governments where they reside; and WHEREAS, the President and Congress are proposing to auction portions of the broadcast spectrum to fund numerous programs; and WHEREAS, the broadcast spectrum is a finite resource critical to the ability of police, fire, emergency rescue, and disaster agencies to communicate in the event of natural disasters, crimes, fires or other serious incidents jeopardizing lives and property in counties and cities; and WHEREAS, the allocation of broadcast spectrum is fundamental to the ability of emergency response agencies to communicate together to ensure a timely response when lives are at stake; and WHEREAS, changes in allocations can force counties and cities to spend hundreds of millions of dollars for the purchase of equipment compatible with different bands of the spectrum; and WHEREAS, broadcast spectrum is critical to counties and cities' efforts to ensure and protect public safety communications and, therefore, their spectrum allocation needs will also increase; and WHEREAS, the Public Safety Wireless Advisory Commission (PSWAC), established by Congress in 1993 and charged to design a plan for public safety telecommunication needs through the year 2010, has specifically found that states and local governments have less than 50 percent of the spectrum currently necessary to effectively protect property and lives in communities and far less than will be required to address public safety needs between now and the year 2010; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The Federal Communications Commission act immediately to complete and implement the recommendations from the Public Safety Wireless Advisory Commission; and SECTION2. The President, Congress, and FCC immediately reserve 25 megahertz of broadcast channels 60 to 69 for the exclusive use of state and local government public safety agencies; and SECTION 3. The FCC act on a long-term plan to meet public safety needs affecting cities between now and the year 2010. DULY PASSED by the City Council of the City of University Park, Texas, on the sixth day of May, 1997. APPROVED: ATTEST: MAYOR RESOLUTION NO. 9 7- 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE 9-1-1 AGREEMENTS WITH NEW LOCAL EXCHANGE CARRIERS OF TELEPHONE SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has heretofore authorized the establishment of enhanced 9-1-1 service '(E 9-1-1) in University Park to provide residents with ,technology that provides the caller's location and telephone number to the emergency operator; and WHEREAS, the City Council has heretofore authorized the City Manager to enter into agreements with Southwestern Bell Telephone Company for the billing of E 9-1-1 service fees; and WHEREAS, the Public Utilities Regulatory Act of 1995 allows a local exchange carrier that has been granted a certificate of convenience and necessity (CCN), a Certificate of Operating Authority (COA), or a Service Provider Certificate of Operating Authority (SPCOA) by the Texas Public Utilities Commission (PUC) to provide local exchange telephone service, which includes 9-1-1 service; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the premises hereof are found to be tree and correct by the City Council. SECTION 2. That as a precondition for approval of an E 9-1-1 agreement with -a local exchange carrier, the carrier shall provide the City with: (a) A copy of the appropriate certificate from the Texas PUC; (b) A copy of the executed interconnect agreement with Southwestern Bell or other proof of such agreements; (c) A copy of the executed contract for 9-1-1 transport with Southwestern Bell; and (d) A copy of the company's disaster recovery plan, or proof of such plan. SECTION 3. That the City Manager is authorized to enter into agreements on behalf of the City of University Park with an appropriately certified local exchange carrier or service provider for the furnishing of E 9-1-1 service within the City, and for collection of E 9-1-1 9088 emergency service fees from customers and remittance of the collected fees to the City, consistent with the requirements of Section 1.1102 of the University Park Code of Ordinances. SECTION 4. This Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide, and it is accordingly so resolved. DuLY PASSED 21 st day of May by the City Council of the City of University Park, Texas, on the ,1997. APPROVED: t~Vlayor APPROVED AS TO FORM: .--. City Attorney (RLD/sgb 4-29-97) ATTEST: City Secretary 9088 RESOLUTION NO. 97-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, RECOGNIZING THE SERVICE OF COUNCILMEMBER RON CASE IN THE LOCATION OF THE FONDREN WATER TOWER. WHEREAS, Ron Case served as Councilmember for the City Of University Park from 1986 to 1992; and WHEREAS, he served as Mayor Pro Tem from 1988 to 1992; and WHEREAS, during that time he provided valuable input into many City projects; and WHEREAS, one of those projects was the construction of a new water tower to replace the one located at Airline and Rosedale; and WHEREAS, Councilmember Case's input into the project resulted in the new water tower being located on Fondren east of North Central Expressway, a location which eliminated many concerns from residents and still addressed the safety and quality issues involved in constructing a new tower, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of University Park wishes to recognize Mr. Case for his service, particularly with regard to the location of the Fondren water tower. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st Day of July, 1997. APPROVED: ATTEST: CITY SECRETARY RESOLUTION NO. 9 7-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR THE PURCHASE OF 2900 HANOVER AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS WHEREAS, the City Council of University Park wishes to purchase the lot commonly referred to as 2900 Hanover; and WHEREAS, such purchase will require execution of documents and payment of funds to complete the transactions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That a Capital Project account is hereby established for the purchase and improvement of the lot. SECTION 2. That $370,000 for the purchase is to be loaned from the Capital Improvement Fund to such Capital Project account. SECTION 3. That purchase of the property at 2900 Hanover for the contractual purchase price is hereby approved, and the City Manager is authorized to execute all documents necessary to complete the purchase DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of August, 1997. APPROVED MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY N RESOLUTION NO. 9 7-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE 1997 APPRAISAL ROLL OF THE DALLAS CENTRAL APPRAISAL DISTRICT FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's assessor and collector of taxes has submitted to the City Council the 1997 tax appraisal roll compiled by the Dallas Central Appraisal District; and WHEREAS, the City Council is of the opinion that the 1997 appraisal roll should be approved and adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the 1997 appraisal roll for the City of University Park, as presented by the Dallas Central Appraisal District, be, and the same is hereby, approved and adopted in all respects showing a total appraised property value of $2,852,552,450, new property added to the tax roll of a taxable value of $51,120,575, and a total taxable value of property for 1997 of $2,153,344,640. SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of August, 1997. APER~OyED: ,,' , CITY ATTORNEY ATTEST: CITY'SECRETARY RESOLUTION NO. 9 7- 8 A RESOLUTION OF THE CITY COUNCIl_ /-?'~'g ~9 y:P3 UNIVERSITY PARK, TEXAS, PROVIDING FOR EXEMPTION FROM THE INSCRIPTION REQUIREMENT FOR UNMARKED POLICE VEHICLES AND OTHER VEHICLES USED TO PERFORM AN OFFICIAL DUTY; REQUESTING REGULAR LICENSE PLATES FOR SUCH VEHICLES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council hereby exempts from the requirements of Section 721.004 of the Texas Transportation Code the automobiles listed in Exhibit "A" when used to perform an official duty or by the police department. SECTION 2. That James C. Gau, Jr, Equipment Services Superintendent, or the City Manager shall request the Texas Department of Transportation to issue specially designated license plates for the exempt vehicles listed in Exhibit "A." SECTION 3. That this Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of October ,1997. Mayor ~~.PPROVED AS TO~~FORM: City Attorney (RLD/sgb 9/23/97) ATTEST: City Secretary 12462 EXHIBIT "A" MEMO To: From: Subject: Date: Bobbie Sharp, City Secretary Jim Gau Jr. Regular Plates on Exempt City Vehicles January 7, 1998 Bobbie, The following (2) two units are the only vehicles that are fitted with regular Texas Plates. All other vehicles in the fleet have exempt tags. Asset # Description Department Tag # 1536 1995 Crown Victoria Police XWW-64F 1514 1990 Ford Taurus Police 236-ZDA RESOLUTION NO. 97-9 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District BOard of Directors (in accordance with SectiOn 6.03 of the Texas Property Tax Code) as follows: I. The City of Dallas shall appoint one (1) member to the Board. 2. The Dallas Independent School District shall appoint one (1) member to the Board. The Dallas County Commissioner's Court shall appoint one (1) member to the Board. The member appointed by the Dallas County Commissioners' Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors. The said cities and towns shall, from the nominations received, elect by a majority vote, with each city and town being entitled to one (1) vote, the fourth member of the Board of Directors. Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall, from the nominations received, elect by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum, and Dr, WHEREAS, the City of University Park does hereby cast its vote by marking the ballot below (check one only): [1 [] (] David Haas Reta Howze Dr. Ralph Harris Poteet W. S. Wakeland NOW, THEREFORE BE IT RESOLVED that the City Council of the City of University Park does hereby confirm its one (1) vote for the election of Ralph I-IarrJ_s t>oteet as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal District. PASSED AND APPROVED, this the 4th day of November, 1997. Mayor ATTEST: City Secretary RESOLUTION NO. 9 7 - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR RECONSTRUCTION OF A SANITARY SEWER MAIN IN LOVERS LANE; MAKING FINDINGS EXEMPTING SUCH CONTRACT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a sanitary sewer main in the 3000 and 3100 blocks of Lovers Lane has collapsed, causing sewage to flow into the storm sewer main adjacent to it; and WHEREAS, an immediate procurement is necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, the sanitary sewer main collapse is unforeseen damage to public equipment and must be immediately remedied; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council finds and determines that the above conditions exist and that it is necessary to preserve the public health and safety of the City's residents and because of the unforeseen damage to the sanitary sewer main, that the City enter into an immediate contract for reconstruction without complying with the competitive bidding requirements of Chapter 252 of the Local Government Code. SECTION 2. That the City Manager be, and he is hereby, authorized and directed to execute a contract with CJ_rcle "C" Construct:fi-on in the amount of $ 2 4 3: 19 4.0 0 for reconstruction of the sanitary sewer main in the 3000 and 3100 blocks of Lovers Lane, for approximately 1500 linear feet, such reconstruction consisting of a new sanitary sewer main located and constructed in accordance with appropriate engineering plans and specifications. 13565 SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of November, 1997. APPROVED AS TO FORM: City Attorney (RLD/sgb 10/30/97) APPRO)4ED: Mayor ATTEST: City Secretary 13565 RESOLUTION NO. 9 8 - 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE PURCHASE OF COMPUTER EQUIPMENT; MAKING FINDINGS EXEMPTING SUCH CONTRACT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's primary computer system is the IBM AS/400; and WHEREAS, IBM support for the currently installed operating system will expire as of December 31, 1997; and WHEREAS, the new AS/400 Model 600 is more suitable for the needs of the City in the future to implement the City's wide area network; and WHEREAS, the items necessary are available from only one source because of patents, copyrights, secret processes, or natural monopolies; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council finds and determines that the above conditions exist and that it is necessary to procure the new AS/400 Model 600 to be compatible with all current City computer equipment and so as to provide for the implementation of the City's wide area network, and that because such equipment may only be procured from a single source, it is necessary that the City enter into an immediate contract for purchase of a new AS/400 Model 600 IBM computer without complying with the competitive bidding requirements of Chapter 252 of the Local Government Code. SECTION 2. That the City Manager be, and he is hereby, authorized and directed to execute a contract with IBM in the amount of $55,808.00 to purchase all the hardware and 14768 operating system software, conversion planning, onsite assistance and other items as proposed by IBM to upgrade the City's current AS/400 to the Model 600. SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of January, 1998. City Attomey (RLD/sgb 12/18/97) ATTEST: City Secretary 14768 RESOLUTION NO. q a-2 A RESOLUTION OF THE CITY OF UNIVERSITY PARK ADOPTING RECOMMENDATIONS OF THE DALLAS REGIONAL MOBILITY COALITION (DRMC) FREEWAY MANAGEMENT WORKGROUP, ESTABLISHING FREEWAY MANAGEMENT AND INCIDENT REMOVAL FROM MAJOR ROADWAYS AS A PRIORITY, AND ENCOURAGING AREA/ REGIONAL ALLIANCES TO PROVIDE EFFECTIVE FREEWAY MANAGEMENT PRACTICES TO IMPROVE MOBILITY. WHEREAS, the City of University Park recognizes the vital relationship between mobility and effective transportation management practices for the continued economic viability of the entire area, thus impacting the quality of life for all citizens; and, WHEREAS, funding restrictions on providing additional expanded capacity for major roadways in the area coupled with federal air quality conformity mandates required transportation leaders and local governments to address use of existing roadway capacity in a more effective manner; and, WHEREAS, DRMC adopted as part of its annual work plan a focus on freeway management and incident removal from major roadways during peak congestion periods in an effort to address mobility and air quality requirements; and WHEREAS, a Freeway Management Workgroup was established by DRMC to identify issues and potential enhancement to existing practices of agencies involved in the detection, response, and clearance of incidents from major roadways during peak traffic periods; and, WHEREAS, the Workgroup has submitted recommendations to set in motion various projects and programs to address freeway management and incident clearance in the Dallas area; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. Recommendations of the DRMC Freeway Management Workgroup (Attachment "A') are hereby adopted by the City of University Park for support, additional refinement, and implementation as appropriate. U:~-esoluXDRMC 1-98 SECTION 2. The City of University Park acknowledges freeway management as a critical element affecting mobility and supports implementation of the aforementioned recommendations as a priority for departments and divisions of affected local governments, and encourages area/regional alliances to achieve enhanced mobility and congestion relief. SECTION 3. Copies of this resolution be forwarded to the Dallas Regional Mobility Coalition, the Dallas District Engineer for TxDot, the Dallas Area Rapid Transit Authority (DART), the Regional Transportation Council (RTC) and the Texas Transportation Institute and participating agencies with an expression of appreciation for cooperative efforts to develop these recommendations and methods for implementation. SECTION 4. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas on the 6th day of January, 1998. City Attorney APPROVED: ATTEST: City Secretary U:~-esolu~DRMC 1-98 Attachment "A" DALLAS REGIONAL MOBILITY COALITION FREEWAY MANAGEMENT WORKGROUP Items Considered for Action/Implementation Priority/First Level Enhanced relationship/encouragement with rush-hour news media (traffic reports/helicopters) to have PSA's ready to go for certain areas on alternate routes, "Move-it" reminders, etc. Reference markers by TxDot/TTA/Locals to provide exact locations to allow cellular phone reports to pinpoint location, lanes, direction of travel, of incidents -- thus enhancing response times of needed equipment/personnel. 3. Uniform policy/procedure for local agencies regarding authority to order heavy equipment to clear roadways. Centralize contact point to TxDot from local agencies for assistance requests, heavy equipment, etc. (Maybe at new satellite center) TxDot would maintain inventory and access nearest required equipment/personnel to assist in roadway clearance. o Clarify and encourage uniform discretionary policy with law enforcement agencies on use of "Push-Bumpers" to immediately clear roadway during peak hours of stalled/disabled vehicles to a place of safety off traveled portion of roadway. o Develop and encourage adoption of "Corridor" concept for towing/wrecker service -- this would require agreement with all area cities as to contract, response time, equipment, etc. Implement, through insurance companies, AAA, etc., enhanced awareness and constant reminders (media, insurance cards, publicity) of "Move-it" law to require motorists involved in minor accidents on freeways to immediately move vehicles from lanes of traffic. Address issue with investigate agencies for roadway incidents the balance between investigative effort and time for documentation of incident with cost/impact of delays/closures during peak hours -- no attempt to sacrifice safety of responders, rather how can roadway be cleared in a timely fashion during the morning and evening peak traffic periods. USresolu~DRMC 1-98 RESOLUTION NO. 9 8- 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE INVESTMENT POLICY OF THE CITY OF UNIVERSITY PARK HERETOFORE ADOPTED BY RESOLUTION NO. 89-6 AND SUBSEQUENTLY AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 1997 Legislature of the State of Texas enacted House Bill 2799 amending the Public Funds Investment Act; and WHEREAS, the Public Funds Investment Act, as amended, requires the City to adopt an investment policy by rule, order, ordinance or resolution; and WHEREAS, the Public Funds Investment Act, as amended, requires the Treasurer, the Chief Financial Officer, and the Investment Officers of the City to attend investment training; and WHEREAS, the City of University Park approves of the investment training courses sponsored by the Texas Municipal League and other independent sources; and WHEREAS, the Treasurer, the Chief Financial Officer, and the Investment Officers of the City have attended investment training courses as required by the Public Funds Investment Act; and WHEREAS, the attached investment policy and incorporated revisions comply with the Public Funds Investment Act, as amended, and authorize the investment of City funds in safe and prudent investments; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City of University Park has complied with the requirements of the Public Funds Investment Act and the Investment Policy, as amended, attached hereto as Exhibit "A" is hereby adopted as the Investment Policy of the City of University Park effective January 21, 1998. SECTION 2. This Resolution shall take effect from and after its passage, and it is accordingly so resolved. 15386 DULY PASSED AND APPROVED by the City Council of the City of University Park, Texas, on the 21 st day of January, 1998. ... APPROVED AS TO FORM: City Attorney (RLD/sgb 1/16/98) APPROVED: Mayor ATTEST: City Secretary 15386 EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS INVESTMENT POLICY Approved January 21, 1998 INTRODUCTION A. Goal B. Scope C. Amendments and Adoption II. RESPONSIBILITY A. Purpose B. Responsibility and Designation C. Bonding requirements/Standard of Care III. STATUTORY GUIDELINES -- PUBLIC FUNDS INVESTMENT ACT IV. INVESTMENT STRATEGIES A. Maturity and liquidity B. Benchmark rate of return AUTHORIZED DEPOSITORIES, DEALERS, AND INVESTMENTS A. Eligible depositories B. Eligible securities dealers C. Eligible investments 1. PFIA investments 2. Delivery versus payment 3. Repurchase agreements collateral 4. Certificates of deposit collateral 5. Investment pools VI. ALLOCATION OF ASSETS VII. HIGHEST YIELD REQUIREMENT VIII. BIDDING REQUIREMENTS IX. POOLING OF ASSETS X. STANDARD OF ETHICS REPORTING A. Quarterly reports B. Pricing methods XII. AUDITING XIII. ADOPTING CLAUSE EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS INVESTMENT POLICY January 21, 1998 I. INTRODUCTION Goal The goal of the City of University Park Investment Policy shall be to ensure the safety of all funds entrusted to the City; to maintain the availability of those funds for the payment of all necessary obligations of the City; and to provide for the investment of all funds, not immediately required, in interest-bearing securities. The safety of the principal invested shall always be the primary concern. Be Scope This Investment Policy of the City of University Park shall include all investment activities of any fund of the City, except for the Firemen's Relief and Retirement Fund, which is covered by a separate policy. City fimds will be pooled for investment purposes. Co Amendments and Adoption This Policy may be amended from time to time as the City Council may so desire, or as State law may require. This Policy, which includes strategies for each fund or pooled fund group, shall be adopted by resolution, rule, or ordinance by the City Council and shall be reviewed annually by the City Council. The fact that the investment policy has been reviewed and that any amendments have been made must be recorded by resolution, rule, or ordinance. II. RESPONSIBILITY Ae Purpose The purpose of this section is to establish Investment Officers for the City of University Park and define the authority of the Investment Officers. Responsibility and Designation Responsibility and authority for investment transactions reside with the Investment Officers. The Investment Officers are fully authorized to buy and sell investments, including investments in City Council-approved public funds investment pools, in accordance with the goals and objectives of the City's investment strategy. Current authorized Investment Officers are: 1. Finance Director 2. Accounting Manager 3. City Manager u :\doc sXinve sflinvst 198. doc City of University Park, Texas Investment Policy -- 01/21/98 Bonding requirements/Standard of care Each of the above-authorized positions designated to serve as Investment Officer shall be a bonded employee. All participants in the investment process shall act responsibly as custodians of the public trust and shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs. Investment officer training/education Investment Officers shall attend at least ten hours of investment training within a two- year period and may receive training from any independent source approved by the governing body. Training provided by an independent source recognized by the State of Texas, such as the Texas Municipal League, or a reputable financial institution complies with this requirement. III. STATUTORY GUIDELINES -- PUBLIC FUNDS INVESTMENT ACT (Chapter 2256, Texas Government Code) This legislation, first adopted by the Texas Legislature in 1987 and subsequently amended, defines the legal investment options of Texas municipalities and includes a provision requiring a written investment policy. Under terms of this legislation, legal investment options include: 1. obligations of the United States or its agencies and instrumentalities; 2. direct obligations of the State of Texas or its agencies; 3. other obligations, the principal and interest of which are unconditionally guaranteed or insured by the State of Texas or the United States; 4. obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than "A" or its equivalent; 5. certificates of deposit issued by a state or national bank, savings bank, or state or federal credit union domiciled in this state that are: a. guaranteed or insured by the Federal Deposit Insurance Corporation, or its successor, or u:\docs\invest\invst 198.doc City of University Park Texas Investment Policy -- 01/21/98 b. secured by obligations that are described by subdivisions 1-4 of this subsection, and that have a market value of not less than the principal amount of'the certificates; o fully collateralized direct repurchase agreements having a defined termination date, secured by obligations described by subdivision 1 of this subsection, pledged to the City, held in the City's name and deposited at the time the investment is made with the City or with a third party selected and approved by the City, and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state; and, eligible investment pools if the City Council, by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. The City Council has approved the Texas Local Government Investment Pool CTexPool"), administered by the Texas State Comptroller; the Local Government Investment Cooperative ("LOGIC"), administered by Southwest Securities Group, Inc.; and the Lone Star Investment Pool ("Lone Star"), administered by the Texas Association of School Boards. Eligible investment pools must meet the legal requirements of the PFIA. Note: The PFIA also permits a city to invest in banker's acceptances, commercial paper, and mutual funds, but these instruments are currently excluded from the City investment policy. IV. INVESTMENT STRATEGIES Ao Maturity and liquidity The investments purchased under the provisions of this Investment Policy shall be managed to maintain liquidity for meeting the City's needs for cash and to limit potential market risks in periods of rising interest rates which depress the market value of securities. As a general guideline, maturity of securities should not exceed more than two years for cash management purposes, with the optimum weighed average maturity of less than one year. Investments in securities of a longer maturity than two years are considered prudent for funds maintained for capital construction and debt service funds, if necessary to meet projected disbursement schedules. Bo Benchmark rate of return As a general guideline, the City of University Park cash management portfolio shall be designed with the objective of regularly meeting the average return on three-month U. S. Treasury Bills, or the average rate of 90-day Certificates of Deposit. These indices are u:\docs\invest\invst 198.doc City of University Park, Texas Investment Policy -- 01/21/98 considered benchmarks for risk-free investment transactions and therefore comprise a standard for the portfolio's rate of return. The investment program shall seek to augment rates of return above this threshold, consistent with legal restrictions and prudent investment principles. In a diversified portfolio, measured losses are inevitable and must be considered within the context of the overall portfolio. The objective in investment of construction funds is at least to match inflation increases in construction costs. V. AUTHORIZED DEPOSITORIES, DEALERS, AND INVESTMENTS Ao Eligible depositories All state and national banks located in the State of Texas, which are insured by the Federal Deposit Insurance Corporation (FDIC). The financial condition of the bank shall be considered prior to establishing any accounts with that bank. The City shall subscribe to a bank rating service to obtain timely information. The Finance Advisory Committee shall review the bids submitted by depository candidates and make a recommendation to the City Council for final approval. B. Eligible securities dealers 1. Securities dealers and banks which are the approved and designated dealers of the Federal Reserve Bank of New York, i.e, "Primary Dealers." Securities dealers and banks which are not designated as "Primary Dealers" but are approved individually by the City of University Park City Council. The governing body, upon recommendation by the designated investment committee (the Finance Advisory Committee) of the City, shall at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. Any vendor with whom the City conducts investment transactions, including brokers, pools, funds, and banks, must receive and review the City's Policy and provide a certificate with acceptable language that the policy will be followed. The current Depository Bank is approved as an eligible securities dealer for the City's investments. o Investment activity in repurchase agreements shall be limited to the Depository Bank and primary dealers, evidenced by a fully-executed master repurchase agreement on file with the City. u:\docs\invest\invst 198.doc City of University Park, Texas Investment Policy -- 01/21/98 C. Eligible investments PFIA investments Investments authorized by the Public Funds Investment Act and listed in Section III of this Policy ("Statutory Guidelines"). e Delivery versus payment All securities shall be purchased on a delivery-versus-payment basis through a third- party safekeeping account. The City shall authorize the release of its funds only after it has received notification from the safekeeping bank that a purchased security has been received in the City's safekeeping account. This notification may be oral, but shall be followed up in writing with the original safekeeping receipt within twenty- four hours. Repurchase agreements collateral Repurchase agreement collateral shall be perfected and delivered to an unaffiliated third-party safekeeping account. Repurchase agreements shall be collateralized at a minimum of 102 percent of the purchase price of the repurchase agreement and marked-to-market on a weekly basis. Collateral provided must be those securities otherwise authorized by state statutes for outright purchases. Collateral may be substituted only with the oral authorization of an Investment Officer, followed by written confirmations within twenty-four hours. The City considers repurchase agreements to be simultaneous purchases and sales of securities as outlined in the Master Repurchase Agreement and not as collateralized loans. However, the underlying securities may be referred to as "Collateral." Certificates of deposit collateral All time certificates of deposit or savings account deposits must be insured to the level of $100,000 through the FDIC. Investment in eligible pooled Certificate of Deposit programs (PAC's) is authorized under this section. All deposits in excess of $100,000 shall be collateralized by those securities otherwise authorized by state statutes for outright purchases, and deposited into an unaffiliated third-party safekeeping institution with collateral held in the City's name. All deposits will be collateralized at a minimum of 102 percent of the purchase price and marked-to- market on a monthly basis. Collateral may be substituted only with the oral authorization of an Investment Officer, followed by written confirmations within twenty-four hours. The City shall take all prudent and necessary steps to assure the solvency of the financial institution and the adequacy of collateral for deposits in excess of $100,000, with interest rates sufficient to warrant investment. u:\docs\invest\invst 198.doc 5 City of University Park, Texas Investment Policy -- 01/21/98 Investment pools Investment pools which meet the eligibility requirements of the Public Funds Investment Act and which the Council has specifically approved for City investments. VI. ALLOCATION OF ASSETS Diversification of investments as to investment type and term to maturity serves to reduce both market risk and interest rate uncertainty. Asset allocation, to the extent allowable under the City's banking contract, shall be as follows: Max. Min. 1. U.S. Government Treasury Securities 95% 0% 2. U.S. Government Agency Securities 50% 0% 3. Repurchase Agreements 20% 0% 4. Bank Certificates of Deposit 90% 0% 5. Liquidity Funds: Savings Accounts 10% 0% 6. Local government investment pools 60% 0% Vll. HIGHEST YIELD REQUIREMENT The City's funds shall be invested in instruments or accounts that yield the highest possible rate of return while providing the desired maturity schedule, level of liquidity, and necessary protection of principal as required by these policies and State law. All investments shall be made in accordance with the City's contract for banking service. VIII. BIDDING REQUIREMENTS As prescribed by State statutes, the City shall solicit bids prior to the purchase of any investment instrument. Investment options as stipulated in the City's current contract for banking services shall be considered by the Investment Officers. It is the Investment Officers' responsibility to determine prudent maturity and liquidity, and to assess the potential for market gains or losses caused by fluctuating interest rates during the term of the investment. IX. POOLING OF ASSETS To maximize the effective investment of assets, all funds needed for general obligations may be pooled into one account for investment purposes. The income derived from this account will be u:\docs~nvesfiinvst 198.doc 6 City of University Park, Texas Investment Policy -- 01/21/98 distributed to the various funds based on their average balances on a periodic basis. Proceeds of bond issues shall not be pooled with other assets of the City, but shall be maintained in the fund issuing the bonds with interest earnings on these invested proceeds recorded directly to that fund. X. STANDARD OF ETHICS Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment function, or which could impair their ability to make impartial investment decisions. Employees and Investment Officers shall disclose to the City Manager and governing body any material financial interests in financial institutions that conduct business with the City of University Park and shall further disclose any large personal financial or investment positions that could be related to the performance of the City's portfolio. Employees and Investment Officers shall subordinate their personal investment transactions to those of this jurisdiction, particularly with regard to the timing of purchases and sales. XI. REPORTING Ae Be Quarterly reports Not less than quarterly, the Investment Officers shall prepare and submit to the City Council a written report outlining the City's investment transactions for the preceding reporting period and describing the investment position of the City as of the date of the report. The report will be signed by each Investment Officer and will comply with Public Funds Investment Act requirements for reporting beginning and ending book and market values and maturity dates of securities. In addition, the report will state the compliance of the investment portfolio with the City's investment policies and state law. The quarterly report must also contain a summary statement, prepared in compliance with generally accepted accounting principles for each fund group, and include fully accrued interest for the reporting period. Special reports, in addition to the required quarterly report, will be provided at the request of the City Council or the Finance Committee. Pricing methods The City shall obtain market prices for securities in its portfolio from reputable and independent sources, including: financial publications, such as the Wall Street dournal; established financial institutions providing portfolio management/accounting services, such as NationsBank or First Tennessee; or established investment pricing services, such as Tracs or Evare. u:\docs\invest\invst 198.doc 7 City of University Park Texas Investment Policy -- 01/21/98 XII. AUDITING State and local laws require an annual audit of the financial records of the City. That audit will include a review of all investment activity for the year to review compliance with these investment procedures. Included in the audit review will also be a review of internal controls regarding investment of City funds and appropriate investment documentation. Annual audit procedures will also include verification of collateral held by the City for both bank deposits in excess of FDIC insurance and repurchase agreement transactions. As required by the PFIA, an independent auditor must formally review the quarterly investment reports that are prepared to comply with the PFIA. This review should be performed annually and the results reported to the governing body. XII. ADOPTING CLAUSE This Investment Policy for the City of University Park, Texas, is hereby adopted as of the ~,~ day of ~/_.~q/,~ , / Mayor Director of Finance ATTEST: City Secretary u:\docs\invest\invst 198.doc 8 RESOLUTION NO. 98-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, CALLING AN ELECTION ON SATURDAY, MAY 2, 1998, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCILMEMBERS; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: That the City Council of the City of University Park, Texas hereby orders that an election be held in the City of University Park, Texas, on the 2nd day of May, 1998 to elect a Mayor for a two (2) year term and four (4) Councilmembers for two (2) year terms. Section 1: That the candidate receiving a majority of all votes cast for Mayor shall be elected for a two (2) year term and the four (4) candidates receiving the highest number of votes cast for Councilmember shall be elected for two (2) year terms. The polling place for said election shall be the University Park City Hall, 3800 University Boulevard. The polls shall be open from 7:00 a.m. to 7:00 p.m. None but legally qualified voters of the City shall be entitled to vote at said election. Section 2: Notice of said election shall be posted, not later than April 13 1998 on the bulletin board used to publish notice of City Council meetings. The person posting the notice shall make a record at the time of posting stating the date and place of posting. Notice of said election shall be published in the official newspapers of the City one (1) time not earlier than April 2, 1998, and not later than April 22, 1998. The City Secretary shall secure affidavits of publication from the official newspapers giving a record of the date and fact of publication. Section 3: James G. Miller is hereby appointed Presiding Election Judge and Dr. Cliff A. Jones, Jr. is hereby appointed Alternate Presiding Election Judge. The Presiding Election Judge shall appoint two (2) election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. All Judges and Clerks shall be qualified voters of the City. Section 4: Early voting for the election shall be held at the office of the City Secretary at the City Hall on April 15, 1998 to April 28, 1998 between the hours of 8:00 a.m. and 5:00 p.m. Section 5: After holding the election, the Presiding Election Judge shall promptly deliver return to the City Secretary and to the Mayor, and the City Secretary shall thereafter present such returns to the City Council for the canvassing of said election. The Presiding Election Judge and Alternate Presiding Election Judge and all Clerks appointed by the Presiding Election Judge shall be paid the sum of Six Dollars ($6.00) per hour for their services in conducting the election, and not exceeding pay for more than one (1) hour of work before the polls open. The Election Judge or Clerk who delivers the records, keys to the ballot box or voting machine, other election equipment, and unused election supplies after the election shall be entitled to additional compensation in the amount of Twenty-five Dollars ($25.00). The election returns shall be canvassed by the City Council not earlier than the 3rd day or later than the 6th day after the election day at a time set by the Mayor. The City Council shall canvass the returns as provided by law and upon completion shall declare the results, and the person receiving the majority of all votes cast for Mayor shall be elected Mayor and the four (4) persons receiving the highest number of votes for City Councilmember shall be elected. Such elected officers may enter upon their duties as soon as they have qualified and taken the oath of office as provided by law. PASSED AND APPROVED this 3rd day of February, 1998. APPROVED: Mayor .... APPROVED AS TO FORM: City Attorney ATTEST: City Secretary RESOLUCION NUM. 98-4 UNA RESOLUCION DEL CONCEJO MUNICIPAL DE LA CIUDAD DE UNIVERSITY PARK, LLAMANDO UNA ELECCION EL SABADO, 2 DE MAYO DE 1998, CON EL FIN DE ELEGIR A UN ALCALDE Y A CUATRO CONCEJALES; Y ESTIPULANDO UNA FECHAVIGENTE. AHORA, POR CONSIGUIENTE, ES RESUELTO POR EL CONCEJO MUNICIPAL DE LA, CIUDAD DE UNIVERSITY PARK, TEXAS: Que el Concejo Municipal de la Ciudad de University Park, Texas, por este medio ordene que se lleve a cabo una eleccion en la Ciudad de University Park, Texas, el 2 de Mayo de 1998, para elegir a un Alcalde para desempenar el cargo por un periodo de dos (2) anos y a cuatro (4) Concejales para desempenar el cargo por un periodo de dos (2) anos. Seccion l:Que el candidate que reciba la mayoria de los votos dados para Alcalde sea elegido para desempnar el cargo por un periodo de dos (2) anos y los cuatro (4) candidatos que reciban la mayor parte de los votos dados para Concejales sean elegidos para desempenar el cargo por un periodo de dos (2) anos. E1 lugar para votar en dicha eleccion estara en la Municipalidad de University Park, 3800 University Boulevard. E1 lugar de votos estara abierto desde las 7:00 de la manana hasta las 7:00 de la noche. Nadie mas que los votantes legales y calificados de la Ciudad tendran el derecho de votar en dicha eleccion. Seccion 2:Se fijara aviso de dicha eleccion no mas tarde que el 13de Abril de 1998, en el tablon donde se colocan anuncios empleado para publicar aviso de reuniones del Concejo Municipal. La persona encargada de fijar el aviso anotara al colocarlo declarando la fecha y lugar del anuncio. Se publicara el aviso de dicha eleccion en los periodicos oficiales de la Ciudad una. (1) vez no antes del 2 de abril de 1998 no despues del 22 de Abril de 1998 E1 Secretario Municipal afirmara un afidavit de publicacion de los periodicos oficiales dando informe de fecha y hecho de publicacion. Seccion 3:James G. Miller es nombrado por este medio Juez Actuante de Eleccion y Dr. Cliff A. Jones, Jr. es nombrada por este medio Juez Actuante Suplente de Eleccion. E1 Juez Actuante de Eleccion nombrara a dos (2) Escribientes electorales y a tantos mas Escribientes como sea necesario para llevar a cabo adecuadamente la eleccion. Todos los Jueces y Escribientes seran votantes calificados de la Ciudad. Seccion 4:Se llevaran a cabo los primeros votos de eleccion en la oficina del Secretario Municipal en la Municipalidad el 15 de Abril de 1998, al 28 de Abril de 1998, entre las horas de las 8:00 de la manana y las 5:00 de la tardeo Seccion 5: Despues de llevar a cabo la eleccion, - el Juez Actuante de Eleccion rapidamente llevara los resultados al Secretario Municipal y al Alcalde, y el Secretario Municipal de alli en adelante presentara dichos resultados al Concejo Municipal para el escrutinio de dicha eleccion. Se pagara al Juez Actuante de Eleccion y al Juez Actuante Suplente de Eleccion y a todo Escribiente nombrado por el Juez Actuante de Eleccion el total de Seis Dolares ($6.00) por hora pot su trabajo en llevar a cabo la eleccion, y no sobrepasando pago por mas de una (1) hora antes de abrirse el lugar de votos. E1 Juez de Eleccion o Escribiente que entregue los documentos, las llaves de la urna electoral o aparato para votar, otro equipo electoral, y surtidos de eleccion no usados despues de la eleccion tendra el derecho de recibir recompensa adicional en la cantidad de Veinte y Cinco Dolares ($25.00). Los resultados de la eleccion seran examinados por el Concejo Municipal no mas antes del 3 dia ni despues del 6 dia a partir del dia de eleccion a la hora nombrada por el Alcalde. E1 Concejo Municipal examinara los resultados como se estipula por ley y al cumplirlo declarara los resultados finales, y la persona que reciba la mayoria de los votos dados para Alcalde sera elegido comQ Alcalde y las cuatro, (4) personas que reciban la mayor cantidad de los votos para desempenar el cargo de Consejal se declarara elegido. Dichos elegidos oficiales podran empezar a desempenar sus cargos tan pronto como sean calificados y hayan prestado juramento al asumir su cargo como estipulado por ley. APROBADA Y ACEPTADA este dia 3 de Febrero de 1998 Ciudad de University Park, Texas ATESTIGUO: SECRETARIO MI/NICIPAL F Ciudad de University Park, Texas RESOLUTION NO. 9 8-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, CHANGING AUTHORIZED REPRESENTATIVES FOR THE LOCAL GOVERNMENT INVESTMENT COOPERATIVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has heretofore entered into an Interlocal Agreement to become a participant in the public funds investment pool created under the local government investment cooperative resolution and known as Local Government Investment Cooperative("LOGIC"); and WHEREAS, the City's resolution entering into the Agreement designated one or more authorized representatives within the meaning of the Agreement; and WHEREAS, the City now wishes to update and designate new representatives as the "Authorized Representatives" within the meaning of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The following officers, officials or employees of the City of University Park are hereby designated as "Authorized Representatives" within the meaning of the Interlocal Agreement, with full power and authority to deposit money to and withdraw money from the City's LOGIC account or accounts from time to time in accordance with the Agreement and the information statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the City in LOGIC. SECTION 2. The "Authorized Representatives" of the City of University Park shall be: Kent R. Austin, Director of Finance; Judy Coffman, Account Manager; and Bob Livingston, City Manager. SECTION 3. This Resolution supersedes and replaces the City's previoUs designation of officers, officials or employees of the City as "Authorized Representatives" under the 15647 Agreement. Except as modified by this Resolution, the original Resolution authorizing entry into the Interlocal Agreement shall remain in full force and effect. SECTION 4. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of February, 1998. APPROVED AS TO FORM: City Attorney t~ v (RLD/sgb 1-27-98) APPROVED: ATTEST: City Secretary 15647 RESOLUTION NO. 9 8 - 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, SELECTING AUTHORIZED REPRESENTATIVES OF THE CITY FOR THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest its funds and to act as custodian of its investments purchased with local investment funds; and WHEREAS, it is in the best interest of the City to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a public funds investment pool, was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity and yield consistent with the Public Funds Investment Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the individUals designated in this Resolution are deemed to be authorized representatives of the City to TexPool and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. SECTION 2. That the authorized representatives of the City to TexPool shall be: Kent Austin, Director of Finance; Judy Coffman, Accounting Manager; and, Bob Livingston, City Manager. Each of these individuals will be issued a personal identification number for transactions with TexPool. 15648 SECTION 3. Kent Austin, Director of Finance, will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the participation agreement heretofore executed between the City and TexPool. SECTION 4. This Resolution shall take effect immediately upon its passage, shall continue in full force and effect until amended or revoked by the City of University Park, and until TexPool receives a copy of any such amendment or revocation, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of February, 1998. APPROVED: ~~.~~~APPROVED AS Ti FIRM: City Attorney (RLD/sgb 1-27-98) ATTEST: City Secretary OFFICIAL SEAL: Ke t~R.F~usdn -' ..... Bob Liv~i~gst6n 15648 RESOLUTION NO. 9 8- 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, SELECTING AUTHORIZED REPRESENTATIVES OF THE CITY FOR THE LONE STAR INVESTMENT POOL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park (the "Government Entity") by authority of Resolution 94-20 (the "Resolution") has entered into that certain Interlocal Agreement (the "Agreement") and has become a participant in the public funds investment pool created thereunder known as the Lone Star Investment Pool; WHEREAS, the Resolution designated one or more "Authorized Representatives" within the meaning of the Agreement; WHEREAS, the Government Entity now wishes to update and designate the following persons as the "Authorized Representatives" within the meaning of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The following officers, officials or employees of the City of University Park are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to: deposit money to and withdraw money from the City's Pool account from time to time in accordance with the Interlocal Investment Agreement and the Information Statement; and take all other actions being necessary or appropriate for the investment of funds of the City of University Park, to wit: Kent Austin, Director of Finance; Judy Coffman, Accounting Manager; and, Bob Livingston, City Manager. SECTION 2. This Resolution shall take effect immediately upon its passage, shall continue in full force and effect until amended or revoked by the City of University Park, and until Lone Star Investment Pool receives a copy of any such amendment or revocation, and it is accordingly so resolved. 15705 DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of February, 1998. APPROVED: APPROVED AS TO FORM: City Attorney (RLD/sgb 1-27-98) ATTEST: City Secretary OFFICIAL SEAL: ACCEPTED: Kentt-R. A~stin, Director of Finance City of University Park, Texas Ju~l~ Coffm,~.; cco~g iVlanager City of University Park, Texas Bo~-~LiMag~ton,~City Manager City of University Park, Texas 15705 RESOLUTION NO. 9 8- 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, SPECIFYING WHO MAY AUTHORIZE WIRE TRANSFERS FROM CITY ACCOUNTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, from time to time the City of University Park (herein called "City") requests First National Bank of Park Cities (herein called "Bank"), by written communication, telephone, or telegraph, or computer communication device to transfer funds to other banks or other financial institutions or to other accounts at Bank for credit to parties designated by the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City shall enter into the Wire Transfer Agreement (and any addenda thereto) with Bank, and the City Manager is hereby authorized to execute and deliver to Bank said Wire Transfer Agreement (and any addenda thereto) on behalf of the City upon thc terms and conditions set forth in said Agreement and addenda. The following persons are hereby authorized to order wire transfers by bank on behalf of the City in accordance with such Agreement and addenda: Bob Livingston, City Manager; Kent Austin, Finance Director; and Judy Coffman, Accounting Manager. SECTION 2. That the authority conferred hcreinabovc may bc exercised singly by any of such officers and shall continue in full force and effect until written notice of modification or revocation shall be received by the Funds Transfer Division of Bank, and that Bank shall be protected in acting upon any form of such written notice of modification or revocation which it in good faith believes to be genuine. SECTION 3. This Resolution shall take effect immediately upon its passage, shall continue in full force and effect and it is accordingly so resolved. 15706 DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of February, 1998. APPROVED: APPROVED AS TO FORM: City Attorney (RLD/sgb 1-27-98) ATTEST: City Secretary OFFICIAL SEAL: 15706 RESOLUTION NO. 98-9 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A JOINT ELECTION AGREEMENT AND AN ELECTION SERVICES CONTRACT FOR THE GENERAL MUNICIPAL ELECTION OF CITY OFFICIALS TO BE HELD ON MAY 2, 1998; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas on February 3, 1998 called the General Municipal Election of City Officials to be held May 2, 1998 for the purpose of electing a Mayor and four (4) Councilmembers; and WHEREAS, the City Council proposes to enter into a joint election agreement with the Dallas County Park Cities Municipal Utility District for the May 2nd election; and WHEREAS, the City Council proposes to contract with Dallas County for the Dallas County Elections Department to administer the joint election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF UNIVERSITY PARK, TEXAS SECTION I That the Mayor, with concurrence of the City Council, is hereby authorized to execute a joint election agreement and election services contract in substantially the form and substance of Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 2 That this resolution shall take effect immediately upon its passage and approval as provided by law. DULY RESOLVED by the University Park City Council on this the 18th day of Febmary, 1998. /F.B. Pete ~ol'[lXman, May~r ATTEST: EXHIBIT "A" ELECTION SERVICE CONTRACT BETWEEN DALLAS COUNTY (COUNTY) CITY OF UNIVERSITY PARK (UP) PARK CITIES MUNICIPAL UTILITY DISTRICT (PCMUD) TO BE HELD SATURDAY, MAY 2, 1998 TO BE ADMINISTERED BY THE DALLAS COUNTY ELECTIONS DEPARTMENT I. JURISDICTION The City of University Park (UP) plans to hold a City Council Election May 2, 1998 in seven (7) Dallas County voting precincts located wholly or partially within the City of University Park for Positions 1, 2, 3, and 4 at-large and Mayoral position at-large. The Dallas County Park Cities Municipal Utility District (DCPCMUD) plans to hold a Board of Directors Election on May 2, 1998 in fourteen (14) Dallas County voting precincts located wholly or partially within positions 3 and 4. This contract for election services between City of University Park, Park Cities Municipal Utility District, and the Dallas County Elections Administrator is authorized by Texas Election Code. II. ADMINISTRATION The Dallas County Elections Administrator agrees to coordinate, supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code and as outlined in this agreement. Each participating authority agrees to pay Dallas County for equipment, supplies, services and administrative costs as outlined in this agreement. The Dallas County Elections Administrator will serve as administrator for the Election; however, each participating authority remains responsible for the lawful conduct of their election. [II. LEGAL DOCUMENTS Each participating authority will be responsible for preparation, adoption and publication of all required election orders, resolutions, notices and any other pertinent documents required by their respective governing bodies. Each participating authority will be responsible for making the submission required by the Federal Voting Rights Act of 1965, as amended, with regard to any changes which require preclearance by the U.S. Department of Justice. Preparation of necessary bilingual materials for notices and preparation of the text for the official ballot will also be the responsibility of each participating authority. Each participating authority will provide a copy of their respective election notices and submission to the Dallas County Elections Administrator. IV. ELECTRONIC VOTING SYSTEM Each participating authority agrees that voting at the Joint Election will be by use of an optical scan voting system approved by the Secretary of State in accordance with the Texas Election Code. The Dallas County Elections Department will be responsible for the preparation of programs and the testing of the electronic voting system used for tabulating the ballots. In accordance with Section 127.093 of the Texas Election Code testing of the tabulating equipment shall be conducted three times. Testing of the tabulating equipment will be conducted on Thursday, April 30, 1998 at 10:00am, Saturday, May 2, 1998 at 3:00pm and at the conclusion of tabulation. The Dallas County Elections Department agrees to establish a central counting station to receive and tabulate the voted ballots as outlined in Section IX of this agreement. Dallas County agrees to provide optical scan cards and votomatics for the Joint Election. Votomafic allocation will be based on providing one votomatic for each 600 registered voters in each election precinct, not to exceed four (4) votomatics in any given precinct unless a combination of precincts are included. Allocation will be determined by taking the maximum percentage of turnout in the most recent comparable election, plus an additional 25% of the registered voters in the election precinct who will be eligible to vote in the May 2, 1998, Joint Election, whichever is greater. It is estimated that four (4) votomatics will be needed to conduct the May 2, 1998, Joint election. The cost for everything necessary to provide a complete system ready for operation, including yellow masks and crimp hinges for the votomatics programming and testing of equipment used at the Central Counting Station, ballot boxes, locks, optical scan card voting demonstrator units and other election equipment necessary for the proper conduct of the election, will be determined by multiplying the total number of votomatics by $30.00 each. (See Attachment "A") The Central Counting Station will utilize on-site one (1) Precinct Ballot Counter (PBC) for tabulation. Cost for the use of PBC will be $300.00. V. VOTING LOCATION The Elections Administrator will select and arrange for the use of and payment for the voting location, subject to the approval of each participating authority. The voting location will be, whenever possible, the usual voting location for the precincts. The proposed voting location is listed in Attachment "B" of this agreement. In the event a voting location is not available, the Elections Administrator will arrange for use of an alternate location with the approval of each of the participants authority. The Elections Administrator will notify each participating authority of any changes from the location listed in Attachment "B". The Elections Administrator will send each participating authority a final version of Attachment "B" which reflects the actual location used on the day of the election. VI. ELECTION JUDGE, CLERKS AND OTHER ELECTION PERSONNEL The Elections Administrator will be responsible for the appointment of the presiding judge and alternate subject to approval of each participating authority. The Elections Administrator shall arrange for the training, and compensation of the presiding judge and clerks, subject to the approval of each participant. The proposed election judge is listed in Attachment "C" of this agreement. If a person is unable or unwilling to serve, the Elections Administrator will name a judge for the precinct subject to the approval of each participant. Once a person has been notified of his/her selection as election judge, no changes may be made by participants. The Elections Administrator is responsible for notifying the election judge of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that the election judge appointed for the Joint Election is eligible to serve. The presiding judge, with the Elections Depadallent assistance, will be responsible for insuring the eligibility of each appointed clerk hired to assist the judge in the conduct of the election. The Elections Administrator will send each participant an updated version of Attachment "C" which reflects the name of the judge who was sent the letter requesting service for this election, and a final version for Attachment "C" which reflects the name of the judge who actually presided on the day of the election. The Elections Department will hold public school of instruction on the use of optical scan card voting equipment and election laws on Wednesday, April 29, 1998 from 2:00pm - 4:00pm at University Park City Hall, Conference Room, 3800 University Blvd, University Park, Texas. No election judge will be appointed unless he/she has attended an election judge training session taught by the Elections Department in the past eighteen (18) months. The election judge is responsible for picking up election supplies at the time and place determined by the Elections Department (which will be set forth in the election judge letter requesting service for this election). The election judge and clerks will receive $6.00 per hour (for a maximum of 14 hours). The election judge will receive an additional $25 for services which include presiding over the Ballot Board. 3 The Elections Administrator will employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies and equipment during the period of early voting and on election day, and for the efficient tabulation of ballots at the Central Counting Station. Part-time personnel will be paid an amount agreed to by the participating authorities as outlined in Attachment "A". Part-time personnel working in support of the Central Counting Station on election night will receive pay for at least four hours (minimum call for service), regardless of the actual hours. VII. SUPPLIES AND PRINTING The Elections Department will arrange for all election supplies and election printing, including, but not limited to, optical scan ballots, demonstration ballots, mail ballot kits, all forms, signs and other materials used by the election judge at the voting location. The Elections Department will provide maps, color coded materials, instructions and other information needed to enable the election judge in the reporting precincts that have more than one ballot style to conduct a proper election. Each participating authority will furnish the Elections Administrator a list of candidates showing the order and the exact manner in which their names are to appear on the official ballot. The list will be delivered 'to the Elections Administrator, as soon as possible, after ballot positions have been determined by each of the participating authorities. Each participating authority will be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates. vm. OPTICAL SCAN CARD BALLOTS The ballot allocation for this election is based on providing enough ballots in every reporting precinct to handle the same turnout as in comparable elections plus 25 percent (25%) of that number, with the final number of ballots ending in a number divisible by 50 (as ballots are packaged in groups of 50) for an original allocation of no less than 35% of the registered voters. 4 IX. RETURNS OF ELECTIONS The Elections Department will be responsible for establishing and operating the Central Counting Station, at the University Park City Hall, 3800 University Blvd, University Park, TexaS, to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this Agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003 and 127.005 of the Texas Election Code, appoint the following Central Counting Station Officials: Manager -Bruce R. Sherbet Dallas County Election Administrator Tabulating Supervisor -county Representative Dallas County Presiding Judge -Bobbie Sharp City Secretary University Park The Manager or his representative will deliver timely cumulative reports of the election results as precincts are tabulated. The manager will be responsible for releasing cumulative totals and precinct returns from the election to the candidates, the press, and general public. Dallas County will operate an election result center at University Park City Hall, 3800 University Blvd, University Park, Texas. Any participating authority, upon request, may require release of return be given only at a specified location other than from the result center. Dallas County Elections Department will prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. All participating authorities will each be responsible for the official canvass of their respective elections. DallaS County Elections Department will be responsible for conducting the post election partial manual recount, unless the participating authorities have received a waiver from Secretary of State, in accordance with Section 127.201 of the TexaS Election Code. Notification and copies of the recount will be provided if necessary. ELECTION EXPENSES The participating authorities agree to share costs of administering the May 2, 1998 Joint 5 Election. A general supervisory fee not to exceed 10% of the total cost of the election shall be assessed as authorized by the Texas Election Code, Sec 31.100. Allocation of cost, unless specifically stated othemrise, is mutually agreed to be shared according to a formula which is based on average cost per polling place (unit cost) as determined by adding together the overall expenses and dividing expenses equally. The cost of any special request from a participant not agreed upon by all authorities shall be borne and billed separately to that participant. Each participating authority agrees that no participant shall be billed less than minimum of one full unit cost. See Attachment "A". The expenses for early voting by mail and personal appearance will be paid equally by each participating authority. Final election expenses will be determined within 120 days after the election. The Elections Administrator will provide each participating authority with a final accounting in writing of all funds deposited into the Joint Election account and an accounting of all payments from the Joint Election account. If additional funds are needed, the Elections Administrator will bill each participating authority in accordance with the expense formula enumerated herein. Any amount remaining will be refunded accordingly to each participating authority. XI. DEPOSIT OF FUNDS Each participating authority agrees to deposit with the Dallas County Treasurer's Office, by no later than Thursday, April 2, 1998, a sum equal to 50% of the total estimated cost of election expenses to be paid by Dallas County as administrator of the Joint Election, such funds to be placed in a special joint election account to be used by the County for paying expenses as outlined in this agreement. No funds will be expended by Dallas County except for supplies and services outlined in this agreement, or except as may be agreed to, in writing, by each participating authority. The amounts to be deposited are as follows: UP $1,827.70 PCUD $1,827.70 Total deposit $3,655.40 Deposits should be delivered within the mandatory time frame to: Bill Melton Dallas County Treasurer 303 Records Building 509 Main Street Dallas, Texas 75202 XII. RECORDS OF THE ELECTION Bobbie Sharp, City Secretary, is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records will be available to each participating authority as well as to the public in accordance with the Texas Public Information Act, Chapter 552 of Texas Local Government Code, at the Elections Department, 509 Main Street, Dallas, Texas, at any time during normal business hours. The Election Administrator shall ensure that the records are clearly identifiable and retrievable per records storage container. Records of the election will be retained and disposed of in accordance with the records retention schedules which may have been adopted by each participating authority, and in accordance with the provisions of Title 6, Subtitle C, Chapters 201 through 205, Texas Local Government Code, including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Public Information Act, the Election Administrator shall maintain the records until final resolution or until final judgement, whichever is applicable. It is the responsibility of any participating authority to bring to the attention of the Elections Administrator any notice of any pending election contest, investigation, litigation, or Texas Public Information Act request which may be filed with a participating authority. Upon request to maintain records beyond eligibility for preservation according with Section 66.058 of the Texas Election Code, the Elections Administrator shall supply a written cost estimate for storage to requesting participants. (See Section X) On the first business day which follows the date that the records of the election are eligible for destruction, the Election Administrator will notify in writing each participating authority of the planned destruction of any records of the election. Within fifteen days of receipt of the Elections Administrators notice of intent to destroy the records, each participating authority will provide the Election Administrator with written authorization to proceed with destruction or written instructions to withhold destruction. XIII. EARLY VOTING Bobbie Sharp, City Secretary, will be appointed as early voting clerk in compliance with Section 271.006 of the Texas Election Code. Bruce R. Sherbet, Dallas County Elections Administrator, will be appointed as chief deputy early voting clerk. Other deputy early voting clerks will be appointed as needed to process early voting mail and to conduct early voting at the main location. The recommended deputy early voting judge/clerk for the main early voting location is listed in Attachment "D". Early voting by personal appearance will be conducted on weekdays beginning 7 Wednesday, April 15, 1998 and continuing through Tuesday, April 28, 1998 between 8:00am and 5:00pm. Any qualified voter for the Joint Election may vote early by personal appearance at the following location: --UNIVERSITY PARK CITY HALL 3800 UNIVERSITY BLVD UNIVERSITY PARK, TEXAS 75205 All requests for early voting ballots by mail that am received by each participating authority will be transported by runner on the day of receipt to the Dallas County Elections Department, 1st floor, Records Building, 509 Main Street for processing. Persons voting by mail will send their voted ballots to the Dallas County Elections Department. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election Code. Each participating authority will appoint one member to the Board and will notify the Dallas County Elections Administrator of the person's name and address no later than April 2, 1998. XIV. RUNOFF ELECTION In the event a runoff is necessary, the agreement would automatically be extended to cover the runoff, unless a participating authority states in writing before April 29, 1998, that it does not wish to participate in a joint runoff. The Elections Administrator will provide each particiPating authority in the joint runoff election with an estimate of funds to be deposited in a special Joint Runoff Election account. The funds must be deposited no later than Monday, May 11, 1998, or ten days after the runoff estimate figures are received from the Elections Administrator, whichever is later. XV. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance with sections 2.051, 2.052 and 2.053 of the Texas Election Code, may withdraw from the joint election contract. Any expenditures incurred prior to the withdrawal shall be billed separately and that contracting authority shall be removed from the contract. The remaining participating authority shall enter into the contract as a single contracting authority and expense will no longer be shared in accordance with Section X of this agreement. An addendum to the contract shall be provided to the remaining participant no later than five (5) days after notification of intent to withdraw has been received by the Elections Administrator. XVI. NOTICE Whenever this agreement requires any consent, approval notice, request or demand, it must be in writing to be effective and shall be delivered to the party intended to receive it as shown below: 8 If to the Elections Administrator: Bruce R. Sherbet Dallas County Elections Administrator Elections Department - First Floor Records Building - 509 Main Street Phone: (214)653-7192 If to the Participants: Bobble Sharp, (UP) City Secretary 3800 University Blvd University Park, Texas 75205 Phone: (214)987-5303 Bill White, (PCUD) General Manager 1811 Regal Row Dallas, TX 75235 Phone: (214)652-8639 B~UCE R. ~E~T~-" -' DALLAS COUNTY ELECTIONS ADMINISTRATOR ACCEPTED AND AGREED TO BY THE CITY OF UNIVERSITY PARK: APPROVED: ATTEST: BOBBLE SHARP CITY SECRETARY ACCEPTED AND AGREED TO BY THE PARK CITIES UTILITY DISTRICT: APPROVED AS TO FORM: DON C. McILYAR BOARD PRESIDENT 9 May 2, 1998 Joint Election Estimated Cost Audit ' Acct. Early Voting Units Cost Per UnitEstimated Estimated 1.1 EV Ballots Mailed(Postage) 1.2 BadB _~_te Letters(Postage) Rejected/Incomplete mail 1.3 Election Related Letters(postage) ~ess Release,Signature pages 1.4 Polling location changes(postage) 2.1 :Pages 2.2 'Bed Sheets 3.1 Votomatics Rental 4 $30.00 $120.00 $120.00 3.2 ! Furniture Rental v~ions EV locations and Ballot Boart 3.3 Computer Rental (County) 3.4 Personal Computer Rental/Printer 3.5 Van Rental\Car Rental 4.1 Custodial'Charges 4.2 Telephones v~ions Ev ~oc~ons 5.0 F. lections Overtime 5.1 Warehou-qe Overtime 5.2 Election Department Temporary 5.3 Canvs~g Committee 5.4 Cl_m'ks-Main $400.00 $400.00 5.5 Clerks-Branches 5.6 Security-Branch Locations 5.7 Mail Workers 5.8 Retirement Charge Back Li~¢ 5.0,5.~ × 7.o% 5.9 Warehouse Temporaries 6.0 Social Security Chargeback Line 5.0,5.1,5.2,5.3,5.4,5.5,5.6,5.7,5.9,6.1 x 7.65%$30.60 $30.60 6.1 Supervisors/Ballot Board 6.2 !Branch Runners 1 trips ~ $25 $25.00 $25.00 6.3 Fica/R unners/Techni cian~q $1.91 $1.91 6.4 Branch Technicians 7.1 Ballot Cards 500 0.22000 $110.00 $110.00 7.2 Print Signature on Card 500 0.004 $2.00 $2.00 7.3 Tint Charge 7.4 Imprint Plate Charge 7.5 Ink Charge 7.6 Setup Charge $300.00 $300.00 8.0 Booklets (Mail ballot kit) 8.1 Envelopes(Mail ballot kiO 8.2 iPunch Tools(Mail ballot kit) 8.3 Styro Backers(Mail ballot kit) 9.0 Voted Stamps 3 $1.00 $3.00 $3.00 10.0Mile_a_ge for Runners/Gas 10.1Warehouse/Elections Mileage 11.0Personal Appearance Application 400 $0.08 $32.00 $32.00 Early Voting Total $1,024.51 $1,024.51 Attachment "A" May 2, 1998 Joint EleCtion Estimated Cost Audit ' AcCt. I Election Day Units Cost Per Unit Estimated Estimated 1.0 Ballot Counter Rental 1.1 Votomatic Rental ~ee Early Votin5ce Early Votin 1.2 Equipment Rental 1.3 Furniture Rental Central Count Station/Various Polling Loc. __ 1.4 Truck Rental (2 Weeks) 1.5 Monitor Rental 1.6 VBC Rental 1 $300.00 $300.00 $300.00 2.0 Phones for Judges 2.1 Phones for Warehouse 25 lino~ ~ 2.2 Phone Lines/Bulletin Board 22 telephone lines [ 3.0 Location Rental various polling location., 3.1 Custodial Charges v~,ious polling lomio~ 4.2 Judges 1 $109.00 $109.00 $109.00 4.3 Clerks 5 $84.00 $420.00 $420.00 5.0 :Election Dept. Curbside Help 5.1 Curbside Sexmrity minion night & supply pickup 6.0 Security 6.1 County F. mployeedCCS/Response Team 6.2 Election Department O/T 6.3 Election Dept. Temporaries 6.4 Retirement Charge Back Line 5.1,6.0,6.1,6.2,6.5,6.7 x 7.0°A $8.40 $8.40 6.5 Sheriff's Deputies 6.6 Social SeCurity Chargeback Line 5.1,6.0,6.1,6.2,6.3,6.5,6.7,6.8 x 7.65°/~ $9.18 $9.18 6.7 Warehouse O/T $120.00 $120.00 6.8 Warehouse Temporaries 7.0 Grove Temporary Service (CCS) 7.1 SCT(Central Counting Station) 8.0 Warehouse Mileage 8.1 Mileage for Deputies 9.0 Recount 10.0 Election Judges Letters(+Alt) (Postage) 10.1 EJ Reply Card (Postage) 10.2 Poll lo_cation letters (Postage) 10.3 Election Paychecks (Postage) 10.4 Federal Express Joint Justice Submission 11.0 Translation Service 12.0 Votomatic Delivery and Pickup ! $30.00 $30.00 $30.00 13.0 VBC Standby Repair Vote, _ 14.0 Ballot Cards/Precinct (Estimated) 4,500 0.22000 $990.00 $990.00 14.1 Add Frame Number (Estimated) 14.2 Ink Charge 14.3 Imprint Plate Charge 14.4 Setup Charge $300.00 $300.00 ~ 4.5Ballot Page Printing ,4.6 Header Cards 15.0 Combination Forms Attachment "A" May 2, 1998 Joint Election Estimated Cost Audit · Acct. 16.0 Demonstration Ballot Cards ~7.0 Misc. Judge Kit Supplies 1 $12.00 $12.00 $12.00 18.0 Precinct Packets 19.0 Rubber Voting Stamps 20.0 Split Precinct Maps sca'coo 21.0 Sample Ballots 22.0 Stamp Pads 23.0 ~Paricing Fees (election night) 23.1 Training N~ght (parking fee) 24.0 Supply 25.0 Modems 25.1 Digi Boards ] -- 25.6,Audio Visuals 25.7 Terminal Cables Election Day Total $2~298.58 $2?298.58 Attachment "A" May 2, 1998 Joim Election Estimated Cost Audit ' Acct. ~ Total Total Election Total $3r323.09 $3t323.09 Election Services Fee $332.31 $332.31 Total Cost $3t655.40 $3~655.40 I Amount~of Deposit {Overpaid}FUnderpaid Attachment "A" POLLING LOCATION LIST FOR THE: JOINT ELECTION ATTACHMENT "B' UNIVERSITY PARK CITY HALL 3800 UNIVERsITY BLVD. UNIVERS/Ty PARK, TX 75205 ELECTION JUDGE/ALTERNATE LIST FOR THE: JOINT ELECTION ATTACHMENT "C" ELECTION JUDGE: JIM MH J.F~R 4116 CARUTH BLVD. DALLAS, TX 75225 PHONE: (214)361-5233 ALTERNATE JUDGE: DR. CLIleF A. JONES, JR. 3608 HAYNIE DALLAS, TX 75205 PHONE: (214)369-2727 (h) (214)363-3983 (o) EARLY VOTING JUDGE/CLERK FOR THE: JOINT ELECTION ATTACHMENT "D" EARLY VOTING JUDGE: UNIVERSITY PARK CITY HALL BOBBIE SHARP 3800 UNIVERSITY BLVD. UNIVERSITY PARK, TX 75205 PHONE: (214) 987-5303 DEPUTY EARLY VOTING CLERK: MARION C. BAKER 5929 SANDHURST APT. 413 DALLAS, TX 75206 PHONE: (214) 378-5321 RESOLUTION NO. 9 8 - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, SUPPORTING CONTINUED FEDERAL FUNDING FOR DALLAS AREA RAPID TRANSIT RAIL AND BUS PROJECTS. WHEREAS, the DALLAS AREA RAPID TRANSIT has opened the first twenty miles of light rail transit service in the Southwestern United States on schedule and within budget; and WHEREAS, light rail and commuter rail services have been widely accepted by the region's citizens and business leaders, has exceeded ridership projections, has spurred economic development; and WHEREAS, the DART Transit System Plan is supported by the business leaders, chambers and other regional transportation organizations; and WHEREAS, the DART Transit System Plan includes a Program of Rail Projects (North Central, Northeast, Northwest and Southeast Corridors) which will be funded with a 67% local overmatch of federal funds, and will provide necessary regional travel alternatives to help alleviate traffic congestion and pollution; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, encourages the DART Congressional Delegation and other key Members of Congress to: Section 1: Support DART's six year ISTEA Reauthorization Request of $383 million in federal funds which represents 33% of the $1.18 billion that DART will invest in new regional rail projects. Section 2: Support DART's Fiscal Year 1999 appropriation request of $50 million for the North Central Light Rail Transit Extension to further achieve regional mobility plans. Section 3: Support DART's Fiscal year 1999 appropriation request of $10 million from the Bus Discretionary category for the replacement of transit buses. Section 4: Urge the Federal Transit Administration to execute a Full Funding Grant Agreement to provide funds for DART's North Central Light Rail Transit Extension. Section 5: This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. u:/docs/resDART.doc DULY PASSED by the City Council of the City of University Park, Texas on the 3rd day of March, 1998. APPROVED: 'ay'or APPROVED AS TO FORM: City Attorney ATTEST: City Secretary u:/docsResDART.doc RESOLUTION NO. 9 8-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION 96-19; ESTABLISHING FEES FOR SWIMMING POOL PERMITS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL oF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution No. 96-19 of the City of University Park, Texas, be, and the same is hereby, amended by amending Exhibit "A", Section VI, Subsection 7, in part as follows: "VI. PARKS AND RECREATION ~ (Ch.13, Art. 13.300) (1) All residents of the City of University Park, nonresident owners of property in University Park, and residents of the Highland Park Independent School District (HPISD) who are not residents of University Park, six (6) years of age or older upon making aPplication in person to the Utilities Office, may secure annual permits to swim in the pools. The charge for these permits shall be as follows: Season permits, if purchased on or before May 17, 1998: ao (ii) (iii) University Park residents renewing by mail: University Park residents receiving new permit: Non-University Park residents of the Highland School District if renewed by mail: $ 30.00 $ 40.00 Park Independent $ 70.00. (iv) Non-University Park residents of the Highland Park Independent School District for a new permit: $ 80.00 (v) University Park senior citizens (60 & over): $ 25.00 b. Season permits, if purchased after May 17, 1998: - (I) University Park residents renewing by mail: $ 40.00 (ii) University Park residents receiving new permit: $ 50.00 (iii)Non-University Park residents of the Highland Park Independent School District if renewed by mail: $100.00 (iv) Non-University Park residents of the Highland Park Independent School District for a new permit: $110.00 (v) University Park senior citizens (60 & over): $ 25.00 (5) .... (6) .... (7) .... " '(2) A member of a group defined in subsection (1) above may schedule a birthday party at the pool. Prior to the party, the member shall fill out an application stating the date of the party, time of the party and the number attending. There will be a twenty-five dollar ($25.00) fee for the party, and each party guest must pay the regular admission fee or present their own season pass. (3) A member of a group defined in subseCtion (1) above may secure permission for guests to use pools by paying attendants of the gate a cash fee of five dollars ($5.00) for each guest each time each guest uses the pool. (4) A member of a group defined in subsection (1) not owning an annual permit may use the swimming pool upon presentation of identification and paying a charge of five dollars ($5.00) per person for each time the pool is used. SECTION' 2. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of April, 1998. APPROVED AS TO FORM: CITY ATTORNEY APPROVED: /MAYOR ATTEST: CITY SECRETARY RESOLUTION NO. 98-12 CANVASS OF RETURNS AND DECLARATION OF RESULTS OF AN ELECTION HELD IN THE CITY OF UNIVERSITY PARK, TEXAS, ON MAY 2, 1998 FOR THE ELECTION OF CITY OFFICIALS FOR THE CITY OF UNIVERSITY PARK, TEXAS. BE IT REMEMBERED that, heretofore, on the 3rd day of February, 1998, the City Council of the City of University Park, Texas, duly called an election to be held on the 2nd day of May, 1998, for the purpose of electing a Mayor for a two (2) year term and four (4) Councilmembers for two (2) year terms. BE IT REMEMBERED that on the 5th day of May, 1998, at a meeting of the City Council of the City of University Park, Texas, a quorum being present, the meeting was called to order and the following business was transacted. Upon motion duly made and seconded, it was unanimously ordered that the City Council consider the official returns of an election held in the City on the 2nd day of May, 1998, for the purpose of electing a Mayor and four (4) Councilmembers for the City of University Park. WHEREAS, immediately after said election, the Presiding Judge and other election officials holding said election made their returns and the results thereof to the City Council according to law and duly authenticated that the written notice of said election was published and posted for the time and in the manner provided by law and by the ordinance calling the election, and all proceedings pertaining to said election having been shown to have been done and performed at and within the time and within the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Council, and no protest or objection being made to or regarding any matter pertaining to said election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: canvass. 98elec RESOLUTION NO. 98- 13 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AFFIRMING AN AGREEMENT WITH THE CITIES OF ADDISON, RICHARDSON AND HIGHLAND PARK REGARDING THE SELECTION PROCESS FOR A SHARED MEMBER TO THE DALLAS AREA RAPID TRANSIT (DART) BOARD OF DIRECTORS; AND AUTHORIZING THE MAYOR TO APPROVE A CANDIDATE FOR BOARD MEMBER. WHEREAS, Resolution No. 94-8 of the City Council of the City of University Park establishes a method for creation of, and appointment to, a shared position on the DART Board of Directors: and WHEREAS, It is the desire of the University Park City Council to continue using the method established in Resolution 94-8; and WHEREAS, The City of Richardson has submitted the name of Raymond D. Noah, as the individual to serve in this position; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council of the City of University Park is authorized to approve the appointment of Raymond D. Noah to the DART Board of Directors as nominated by the City of Richardson. SECTION 2. That the other provisions of Resolution 94-8 continue to apply. SECTION 3. This Resolution shall take effect immediately from and after its adoption. PASSED AND APPROVE this the 17 day of June, 1998 MAYOR // CITY SECRETARY RESOLUTION NO. q a- 1 a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A MASTER FEE SCHEDULE; REPEALING RESOLUTION NO. 96-19, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution 96-19, the Master Fee Resolution, be, and the same is hereby, repealed. SECTION 2. That a new Master Fee Resolution Schedule, be, and the same is hereby, adopted for the City of University Park. A true copy of the Master Fee Schedule is attached hereto as Exhibit "A", and made a part hereof for all purposes, the same as if fully copied herein. SECTION 3. This Resolution shall take effect immediately from and after its passage as the law and Charter in such cases provide, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of July ,1998. CITY ATTORNEY APPROVED: MAYOR ATTEST: 'CITY SECRETARY~~ u:\docs~resolutn\fees98.doc Wednesday, July 01, 1998 EXHIBIT A TABLE OF CONTENTS I. Administrative Services 1. Health Permits 2. Council Chamber Rental 3. Permit to Paint House Numbers on Streets 4. Licenses for dogs and cats 5. Returned Check Charges 6. Photocopy Charges II. Building and Zoning 1. Building Permits 2. Mechanical Permits 3. Registration of Mechanical Contractor 4. Plumbing and Electrical Permits 5. Plumbing Contractor Registration 6. Sign Permits 7. Planning and Zoning Commission/Board of Adjustment Filing Fees 8. Real Estate and Tax Inquiries 9. Electrical Contractor Registration 10. Drainage Fees 11. Irrigation Contractor Registration 12. House Moving Permit/Related Charges 13. Moving Temporary Buildings & Mobile Homes 14. Fire Sprinkler Systems Installer Registration 15. Grass and Weed Mowing Fees and Liens III. Utilities 1. Water Meter Security 2. Reconnection of Water Service Following Cut-off for Non-Payment of Bills 3. Emergency Water Cut-off Service 4. Examination and Test of Meters 5. Meter Rereads 6. Water Service 7. Conservation Surcharge 8. Sewer Service 9. Commercial and Business Sewer Service 10. Service to Southern Methodist University 11. Utility Service Construction Fees 1 1 1 1 1 1-2 2-3 3 3 3-4 4 4-5 5 5 5 5-6 6 6 7 7 7 7 7 8 8 8 8 9 9 10 10 10 u:\docs~resolutn\fees98.doc Wednesday, July 01, 1998 IV. Public Safety and Judicial 1. Impounded Vehicles 2. Wrecker Service Fees 3. Ambulance Service 4. Solicitor's License 5. Commission for Private Guards 6. Impoundment Fees for Animals 7. 9-1-1 Emergency Service Fee 8. Alarm Permit/Direct Alarm Monitoring V. Sanitation 1. Residential Garbage Collection 2. Brush & Tree Limb Collection 3. Appliance, Furniture, and Large Item Collection 4. Commercial Garbage Collection 5. Liquid Waste Transport 6. Yard Waste Bags 7. Transfer Station Fees 8. Recycling Fees VI. Parks and Recreation 1. Goar Park Pavilion Reservation 2. Public Address System for Goar Park Pavilion 3. Tennis Court Permits 4. Park and Playing Fields Reservations for Filming 5. Playing Fields Reservations 6. Park Reservations for Sports Clinics 7. Park Reservation Fees 8. Swimming Pool 9. Season Swimming Passes 10. Birthday Parties at Swimming Pool 11. Daily Swimming Pool Pass 12. Daily Guest Swimming Pool Pass 13. Lost Swimming Pool ID Card 14. Use of Pool by Children Under Six 15. Persons Accompanying Children in Small Pool 16. Swimming Lessons VII. Commercial Filming Fees 1. Small Productions 2. Large Productions 3. Reimbursement of Personnel Costs 10 10-11 12 12 12 12 12 13 13 13 14 14 14 14 14-15 15 15 15 16 16 16 16 16-17 17 17 17 18 18 18 18 18 18 18 18 19 u:\docs~esolutn\fees98.doc Wednesday, July 01, 1998 o o o ADMINISTRATIVE SERVICES Health Permit (Ch. 6, Sec. 6.304) An annual fee of one hundred and seventy-five dollars ($175.00) will be collected from each food service establishment for a health permit issued by the City Secretary and thereafter for the renewal of such permit. Council Chamber Rental (Ch. 1, Art. 1.700) (1) Community-related groups which serve the youth or elderly shall be allowed the use of the premises for ten dollars ($10.00) daytime use (8:00 a.m. to 5:00 p.m.) and twenty dollars ($20.00) for evening use (5:00 p.m. to 11:00 p.m.). (2) All other groups shall pay twenty-five dollars ($25.00) per daytime use and fifty dollars ($50.00) for evening use. Permit to paint house numbers on streets (Ch. 4, Sec.4.303) A fee of fifty dollars ($50.00) for investigation shall be charged to any person applying for a permit to paint house numbers on streets. The fee shall not be prorated and shall be paid at the time the application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. Licenses for dogs and cats (Ch. 2, Art. 2.600) The owner of each dog or cat more than four (4) months old in the city shall obtain a license for such dog or cat from the City Manager or his designee. At the time of application for such license, the owner shall present a certificate of vaccination as specified in the City Code, and pay a licensing fee of ten dollars ($10.00) for each altered dog or cat and twenty dollars ($20.00) for each unaltered dog or cat. Returned check charge (Res. 93-16) The maximum charge permitted under Texas law will be imposed by the City for the collection of checks retumed by the banks for the lack of funds when such checks are used in payment to the City for deposits or obligations legally owed by the issuer of the said returned checks. The Director of Finance will add the returned check charge to the other obligations owed to the City by the issuer of the returned checks. The Director of Finance, with the approval of the City Manager, may waive such charge if the City was negligent in the cashing of the check or if special circumstances deem the waiver as appropriate; however, in all cases of a waiver complete records must be made of the reason for the waiver. Photocopy charges (Admin. Order FNC-10) Article 6252-17a of the Texas Statutes allows the City to charge a reasonable fee to cover the costs of reproducing public documents for private use. The charge for reproducing such documents will be based on the following guidelines: 711198 (1) (2) (3) REPRODUCTION CHARGES a. The charge for photocopies up to 8.5" x 14" will be ten cents ($0.10) for each page. b. The charge to reproduce documents larger than 8.5" x 14" will be fifty cents ($0.50) or the actual cost incurred by the City in obtaining the reproductions. c. The charge to reproduce documents stored on microfilm will be two dollars ($2.00) per page. d. The charge to retrieve information from mainframe computer data storage banks will be computed at the rate of twenty six dollars ($26.00) per hour of operator time. EXCEPTIONS: a. The charges in section (1) do not apply to official publications normally offered to the public free of charge. b. The entire University Park Zoning Ordinance may be purchased for fifteen dollars ($15.00). ADDITIONAL CHARGES: Requests that are for 50 or more pages will be subject to an additional fee to cover processing costs. The fee will be computed at the rate of fifteen dollars ($15.00) per hour. II. BUILDING AND ZONING 1. Building permit (Ch. 3, Sec 3.103) (1) New construction fees: Residential: Buildine Area (sa.ft) Permit Fee (by area) 1000 or less $ 800.00 1001-1250 $1,000.00 1251-1500 $1,200.00 1501-1750 $1,400.00 1751-2000 $1,600.00 2001-2250 $1,800.00 2251-2500 $2,000.00 2501-3000 $2,400.00 3001-3500 $2,800.00 3501-4000 $3,200.00 4001-4500 $3,600.00 4501 or greater $3,600.00 - plus $0.80 per sq.ft over 4500 Nonresidential: $0-$350,000 1% of value (by valuation) $350,000-$1,000,000 $3,500 - plus .75% of value over $350,000 $1,000,000 or greater $4,875 - plus .5% of value over $1,000,000 7/1/98 2 (2) Additions, alterations, and repair fees: All Occupancy Types: Valuation Permit Fee $ 0 - $500 $20.00 $ 501 - $1000 $30.00 $1001 - $2500 $40.00 $2501 - $5000 $50.00 $5001 or greater 1% of value Mechanical permit (Ch. 3, Sec. 3.1103) (1) Fees for new construction: Residential: Buildin- Area (sc~.ft) Mechanical Permit Fee 1000 or less $20.00 1001 - 1250 $35.00 1251 - 1500 $50.00 1501 - 1750 $65.00 1751 - 2000 $80.00 2001 - 3500 $95.00 3501 - 4500 $110.00 4501 or greater $120.00 Nonresidential: 0 - 250 $10.00 250 - 500 $20.00 500 - 100,000 $20.00 plus $0.02 per sq.ft 100,000 or greater $500.00 plus $0.015 per sq.ft (2) Fees for additions, alterations, and repairs: All Occupancy Types: Valuation Mechanical Permit Fee $ 0 - $500 $10.00 $ 501 - $1500 3% of valuation $1501 - $3000 $15 plus 2% of valuation $3001 - $10,000 $45 plus 1% of valuation $10,001 or greater $95 plus 0.5% of valuation Registration of mechanical contractor (Ch. 3, Sec. 3.1103) The registration fee for a mechanical contractor shall be twenty-five dollars ($25.00). Plumbing and electrical permits (Ch. 3, Sec. 3.102, 3.1007) Cost of permit: The fees for plumbing and electrical permits shall be set forth as follows: 711198 7/1/98 (1) Fees for new construction: Residential: Building Area (sq. ft) Permit Fee 1000- 1250 $20.00 1251 - 1500 $35.00 1501 - 1750 $50.00 1751 - 2000 $65.00 2001 - 3500 $95.00 3501 - 4500 $110.00 4501 or greater $120.00 Nonresidential: 0 - 250 $10.00 251 - 500 $20.00 501 - 100,000 $20.00 plus $0.02 per sq.ft 100,001 or greater $500.00 plus $0.015 per sq.ft (2) Fees for additions, alterations and repairs: All Occupancy Types: Valuation Permit Fee $ 0 - $500 $10.00 $501 - $1500 3% of valuation $1501 - $3000 $15 plus 2% of valuation $3001 - $10,000 $45 plus 1% of valuation $10,001 or greater $95 plus 0.5% of valuation Registration of plumbing contractor (Ch.3, Sec. 3.1203) It shall be required that all plumbing contractors register with the City. The registration fee shall be twenty-five dollars ($25.00). Sign permits (Ch. 12, Sec. 12.203, 12.209) (1) A sign permit shall not become valid until the applicant has paid to the City the appropriate fee according to the following schedule: All Sign Types: Valuation Permit Fee $ 0 - $5o0 $20.00 $501 - $1000 $30.00 $1001 - $2500 $40.00 $2501 - $5000 $50.00 $5001 or more 1% of value (2) An investigation fee shall be collected in addition to the permit fee whenever any sign for which a permit is required has been installed, replaced or altered without first having obtained a permit. The investigation fee shall be two (2) times the 4 10. 7/1/98 amount of the permit fee and shall not exceed two hundred fifty dollars ($250.00). The investigation fee shall be collected even if a permit is not issued. Filing fee for Amending Plats, license agreements, requests for special sign districts, and submissions for Planning and Zoning Commission and Board of Adjustment hearings (Ch.12, Sec. 12.103) (1) The fee to be paid by applicants who request an amending plat from the Building Division shall be one hundred dollars ($100.00) per request. (2) The fee to be paid by applicants who request a license agreement from the City shall be one hundred dollars ($100) per request. (3) The fee to be paid by applicants who request a special sign district shall be one hundred dollars ($100) per request. (4) The fees to be paid by applicants who request a hearing before either the Board of Adjustment or the Planning and Zoning Commission shall be one hundred fifty dollars ($150.00) per application. Real estate and tax inquiries (Res. 85-9) Information relative to real estate description or tax matters shall not be given out over the telephone to any commercial establishment by employees of University Park. All inquiries in regard to real estate descriptions, tax searching status, etc., shall be presented in writing to the City and the City shall make a three dollar ($3.00) charge for each item requested. Registration of electrician's license (Ch. 3, Sec. 3.1007) The fees for licensing of qualified electricians and electrical contractors shall be payable to the City of University Park as set forth in the following table. The period for payment of fee shall begin on January 1st and end December 31st of the same calendar year. No inspection permit will be issued, nor work authorized to permit the applicant thereof to enter into a contract for or do any installation, maintenance or repair of any electrical work unless such person has paid his annual registration fee as required by this subsection. License Annual Fee Electrical Contractor $75.00 Master Electrician $20.00 Journeyman Electrician $10.00 Drainage fee (Ch. 3, Sec. 3.103) In lieu of the option available in paragraph (iv) of Chapter 3, Section 3.103(18)(3)of the City Code, a monthly drainage fee may be paid. If the amount of impervious area exceeds that allowed in paragraph (i) of the above referenced part of the City Code, the monthly drainage fee shall be calculated as follows: 5 Unit or Standard Lot Size 6000 sq. feet Unit Impervious Area 3600 sq. feet Minimum monthly fee (any district) $4.50 Maximum monthly fee (any district) $22.50 11. 12. 13. Drainage Factor (D.F.) Single family = Basic unit District Coefficient (D.F.) Single Family 0.4/0.4 1.0 SF-A, D-l, D-2, MF-1, MF-2, MF-3 0.6/0.4 1.5 All others 0.9/0.4 2.25 Formula for monthly fee: Imp. area (sq.ft) x Lot size (sq.ft) X D.F. x $4.50 3600 6000 In all calculations, the fee shall not exceed $22.50 per month. All funds collected from drainage fees shall be set aside in a special fund to be used only for drainage related improvements. Irrigation code--registration of contractor (Ch. 3, Sec. 3.2203) All irrigation contractors shall register with the City. The registration fee shall be twenty- five dollars ($25.00). House moving permit and related charges (Ch. 3, Sec. 3.1701, 3.1705) (1) The applicant shall pay a fee of twenty-five dollars ($25.00) to the City for the moving permit. (2) The applicant shall reimburse the City of University Park for any personnel costs, including overhead, directly related to providing assistance to the moving activity. The building official may require a cash deposit at the time of application to ensure partial or full payment of personnel costs. The hourly rate for each police officer used for escort purposes is twenty five dollars ($25.00) per hour. (3) All fees shall be paid to the City at the time of application for moving permit. If escort personnel have to return, the building official may require that an additional cash deposit be paid before the house, building, or structure is to be moved. Moving temporary buildings and mobile homes (Ch. 3, Sec. 1705) The fee for the issuance of a permit for the movement of a mobile or temporary home within the city limits of the City of University Park shall be five dollars ($5.00). IlL 14. Registration fee for license to install automatic fire-extinguishing systems (Ch.5 Sec. 5.1300) The fee for registration of a license shall be twenty five dollars ($25.00) for Fire Sprinkler Contractor. 15. Grass and weed mowing - fees and liens (Ch. 6, Sec. 6.204, 6.205) (1) Fees-Owners of property mowed to correct tall grass and weeds shall pay a fee equal to the cost of mowing plus interest at six percent from the date of mowing. Liens-Property liens filed for non-payment of fees and interest for mowing tall grass and weeds will include a legal and administrative fee of fifty dollars ($50.00). 16. Certificate of Occupancy. (July, 1998) The fee for a Certificate of Occupancy shall be fifty dollars ($50.00). All new businesses moving into the City are required to obtain a Certificate of Occupancy from the Building Inspection division. UTILITIES Water meter security (Ch. 11, Sec. 11.303) (1) Before water service is fumished to a consumer at any address, the consumer shall be required, upon making application for such service, to deposit with the manager of the utility office, deposits amounting to the following for each meter: 5/8" and 1" meters: (Homeowner Occuppied) $35.00 5/8" and 1" meters: (Rental Units) $65.00 Meters Larger than 1": (All) $75.00 Hydrant Meter: (refundable) $750.00 Hydrant Meter: (installation fee) $40.00 (2) The deposit for apartments or duplexes which are not individually metered will be thirty five dollars ($35.00) per unit. For example, the deposit for a four unit apartment will be one hundred forty dollars ($140.00). (3) In the case of business institutions, the manager of the utility office may require a deposit equal to three times the average monthly bill on such premises. Reconnection following cut-off for nonpayment of water bills (Ch. 11, Sec. 11.306) When water is cut off from any consumer or from any premises on account of nonpayment for water and sewer services furnished, the manager of the utility office shall not permit the water or sewer services to be furnished to said premises or consumer until the full amount delinquent, the ten (10%) percent penalty, and a collection or reconnection charge of twenty 711198 o o dollars ($20.00) is paid. Such amount shall be paid at the utility office if reconnected during normal office hours. Emergency water cut-off service (Ch. 11, Sec. 11.307) Whenever any consumer, owner or occupant of premises shall request the city to cut off his water service at the meter for his convenience or due to the fact that his stop and waste or house cut off is either nonfunctional or cannot be found, then the manager of the utility office shall add a service fee to his bill of fifteen dollars ($15.00) for each cut off. Examination and test of meters (Ch. 11, Sec. 11.308) Any consumer shall have the right to demand that the meter through which water is being furnished be examined and tested by the waterworks for the purpose of ascertaining whether it is or is not registering correctly the amount of water which is being delivered through it to such consumer; provided that when such consumer desires to have any meter so examined and tested, such consumer shall make application therefor in writing to the manager of the utility office, and shall deposit with such application the amount charged for various sizes: For testing any size up to a 1" meter For testing any meter larger than 1" $10.00 $15.00 Meter rereads (Ch. 11, Sec. 11.309) Any consumer who feels that their measured water consumption is excessive may request that the meter be reread. Two (2) free rereads are allowed within each calendar year and any in excess will be charged ten dollars ($10.00), unless there has been an error on the part of the city, or the meter is faulty. Water service (Ch. 11, Art. 11.4000) (1) The following water rates are hereby established and shall be collected by the manager of the waterworks and sewerage department within the city. The minimum monthly rates for all metered water service shall be as follows: For a 5/8" or 3/4" meter: $ 7.50 For a 1" meter: $ 8.25 For a 1 1/2" meter: $10.70 For a 2" meter: $13.35 For a 3" meter: $15.90 For a 4" meter: $ 26.90 For a portable meter: $120.00 (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 thirty-five cents ($2.35) per thousand or any portion thereof. 8 7/1/98 (3) Any duplex or multi-family dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant. All single family units shall pay a minimum charge for each meter but such minimum shall provide for a usage of 2,000 gallons per meter. Conservation surcharge (June - November billings) (Ch. 11, Art. 11.4000) During the six (6) summer months, each water meter except those for Southern Methodist University, shall be subject to a monthly surcharge/conservation charge for all consumption in excess of 11,500 gallons. SMU meters shall be subject collectively to a monthly surcharge/conservation charge 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-five cents ($0.65) per thousand (1,000) gallons for all excess consumption. Sewer service (Ch. 11, Art. 11.500) (1) The sewer charge for each single family, duplex or multi-family dwelling shall be included in the water bill and calculated as follows: (a) All sewer charges are based on the use of water passing through the water meter or meters. All single family units, having more than one meter, shall have the usage of meters added together for the purposes of this section; however, if separate bills are rendered for a lawn sprinkler such consumption shall not be considered for sewer charges. (b) Any duplex or multifamily dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant, and any usage over the minimum shall be averaged over each unit of the dwelling as though each unit consumed the water the average indicates. (c) Any duplex or multifamily dwelling having individual water meters for each unit shall be treated, for sewer billing purposes, as though each were a single family dwelling. (d) There shall be a fourteen dollar and seventy-five cent ($14.75) minimum sewer 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 be billed at two dollars and twenty-one cents ($2.21) per 1,000 gallons per month per unit for the sewer fee. (f) The sewer bill for March through February shall be based on the average billing of water over the three-month period as listed below: CYCLE I: The water used during the months of November, December and January. CYCLE II: The water used during the period of November 15 to February 15. (2) For each business or commercial establishment of any nature, plus public institutions such as schools and churches: (a) There shall be a fourteen dollar and seventy-five cent ($14.75) minimum up to two thousand (2,000) gallons of water used per month. (b) Any water used in excess of two thousand (2,000) gallons per month shall be billed at a rate of two dollars and twenty-one cents ($2.21) per 1,000 gallons per month. (3) For service to Southern Methodist University, two dollars and twenty-one cents ($2.21) per one thousand (1,000) gallons of water used per month, but that the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceding October, November, December, January, February and March adjusted for lawn, swimming pool and metered cooling tower use. Schedule of utility service construction fees (Ch. 11, Art. 11.600) For services performed by the city as denoted in this Chapter, the following charges will be made: Installation of a one-inch (1") water meter: $ 900.00 Installation of a sewer tap: $ 900.00 Installation of a one-inch (1") water meter & sewer tap in a single excavation: $1,300.00 Removal of an existing water meter and/or sewer tap per excavation: $ 800.00 10. The price for the installation of water meters greater than one inch (1") and excavations other than in the alley will be determined by the city, based on the size, location, current costs and specifications. Sewer Rate Recalculation Sewer service customers may apply to have their sewer service charges recalculated to the previous year's rates. The fee for recalculating sewer service charges shall be thirty dollars ($30.00). 7/1/98 10 IV. PUBLIC SAFETY AND JUDICIAL Vehicles impounded by order of Chief of Police (Ch 10, Sec. 10.2304) (1) Actual cost as charged by the designated wrecker service providing the impoundment plus a $20.00 administration fee. (2) For storing a vehicle - $10.00 per vehicle per day, after the first twenty-four (24) hour period. 2. Wrecker service fees (Ch. 10, Sec. 10.2408) (1) A designated wrecker company or another emergency wrecker company authorized by the chief of police to render specific services in a specific emergency shall charge the following fees for towing vehicles with a light-duty wrecker (Rates for fractions of an hour are based on quarter hour increments): (a) Forty-five dollars ($45.00) for towing a vehicle from a point within the city to another point within the city, to the city pound, or to a point inside Highland Park. (b) Forty-five dollars ($45.00) for towing a vehicle from a point within the city to a point inside LBJ Freeway and north of Interstate 30. (c) Fifty-five dollars ($55.00) for towing a vehicle from a point within the city to a point inside LBJ Freeway and south of Interstate 30. (d) Seventy-five dollars ($75.00) for towing a vehicle from a point within Dallas County outside LBJ Freeway and north of Interstate 30. (e) Eighty-five dollars ($85.00) for towing a vehicle from a point within the city to a point within Dallas County outside of LBJ Freeway and south of Interstate 30. (f) Twenty-five dollars ($25.00) for performing a service which does not require that a vehicle be towed, including but not limited to adding fuel, prying a bumper from a tire, or other similar services. (g) Twenty dollars ($20.00) for using dollies or flatbed wreckers in addition to other allowable charges. (h) For towing a vehicle from a point within the city to a point not listed in paragraphs (a) through (f) of this subsection, twelve dollars and fifty cents ($12.50) plus one dollar and fifty cents ($1.50) per mile or fraction thereof. 7/1/98 11 (i) Forty dollars ($40.00) per hour of recovery time, such time to begin fifteen (15) minutes after the light-duty wrecker has arrived on the scene, and to end when the vehicle is ready to be towed. (2) The rates specified in paragraphs (a) through (i) in this subsection, shall be doubled for heavy-duty wreckers. In addition to the specified rates for towing, a designated wrecker company is authorized to charge ninety dollars ($90.00) per hour for recovery time, such time to begin when the heavy-duty wrecker arrives on the scene, and to end when the vehicle is ready to be towed. Rates for fractions of an hour are based upon quarter hour increments. (3) In addition to the base rates described above, the City charges a twenty dollar ($20.00) administration fee for any towing-related activity. Ambulance (MICU) (Ch. 1, Sec. 1.1903) (1) A base fee per trip per person for transportation by Mobile Intensive Care Unit (MICU) to a hospital providing emergency medical attention within the boundaries of Dallas County. The base fee shall be set at the maximum amount recoverable from Medicare on the day of transport. 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 transported including (but not limited to) drugs, bandaging, oxygen, electrocardiogram (EKG), etc., that is allowed by Medicare. The cost of these items will be the maximum charges allowed by Medicare. An itemized bill will be provided to each transported patient listing each charge. (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 the maximum amount recoverable from Medicare on the day of transport. If the patient is unable to establish a preference, transport will be made to the nearest available hospital. Common transports are to Baylor, Childrens', Charlton Methodist, Doctors, Medical City, Methodist Central, Parkland, Presbyterian, St. Paul, and Veterans' hospitals. Solicitor's license fee (Ch. 4, Sec. 4.103) A fee of fifty dollars ($50.00) for investigation of persons wanting to peddle, sell, solicit, canvass, or take orders for any services, wares, merchandise, or goods shall be charged which shall not be prorated and shall be paid at the time application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. Commission for private guards (Ch. 4, Sec. 4.407) Each individual receiving a private guard commission shall pay a fee of fifty dollars ($50.00). 7/1/98 12 Impoundment fees for animals (Ch. 2, Sec. 2.608) The City shall collect a fee of fifty dollars ($50.00) for the impoundment of any animal prior to the release of such animal. If the animal has been impounded for observation for rabies and held for ten (10) days, the city shall collect a fee of one hundred twenty-five dollars ($125.00), and an additional fee of twelve dollars and fifty cents ($12.50) per day if such impoundment is for a period in excess of ten (10) days. 911 Emergency Service Fee (res. 95-11) The City shall collect the following monthly fees for providing 911 Emergency Service within the City: Residential Telephones $0.62 Business Telephones $1.51 Trunk Lines $2.50 Alarm A. Permit and Direct Alarm Monitoring Fees The City shall charge a fee of fifty dollars ($50.00) for an initial Alarm Permit Fee. Each year thereafter, alarm permit holders shall pay a ten dollar ($10.00) renewal fee due on the anniversary of their original application date. Alarm permits are not transferable. Each alarm permit holder subscribing to the City's basic digital-dialer Direct Alarm Monitoring system shall pay a fee of three hundred dollars ($300.00) per year. This fee may be paid in whole or in twelve monthly installments of twenty-five dollars ($25.00) each. Each alarm permit holder subscribing to the City's optional radio-backup Direct Alarm Monitoring system shall pay all fees related to the basic system, plus the actual cost charged to the City by the radio network supplier. This fee may be paid in whole upon determination of the City's current actual cost or in twelve equal monthly installments. D. Subscribing to the radio-backup system alone is not an option. SANITATION 7/1/98 Residential garbage collection (Ch. 6, Sec. i. 108) The city shall charge the following sums per month for its services in removing garbage and trash from residences, two-family houses, and apartment houses, as follows: Single Family Dwelling $12.60 Two-family dwelling, per unit $12.60 Apartments, per unit on residential route $12.60 on commercial route $ 6.40 Carryouts, per unit $46.20 13 Brush and tree limbs which are too bulky to be tied in bundles shall be stacked on the parkway to be picked up. An extra charge shall be assessed for this service on the regular billing as follows: Manual Pickup $ 7.50 Mechanical Pickup less than 1/2 truckload $40.00 1/2 truckload $60.00 full truckload $80.00 The city shall charge the following sums for the removal of appliances, furniture and other .large items: Range or Refrigerator $15.00 Washer, Dryer, Window Air Conditioner, Water $10.00 Heater, 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 (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, where containers have been placed at any of such establishments, sanitation charges based upon the following schedule: Collections Per Week Number of 3-yard Containers , 1 2 3 4 5 6 7 8 2 $ 67.92 $ 106.69 $ 12614 $ 155.17 $ 18420 $ 21323 $242.17 $271.30 $ 89i26 $135i80 $170:72 $211:45 $292:91 5333:65 $379,28 4 $110.59 $164.89 $217.26 $27061 $32395 $37730 $43064 $483,98 5 $135 80 $197i88 $ 261 92 $325 01 $ 388:06 $ 451!13 $514~20 $ 577;26 6 $ 161.00 $ 242.55 $ 294.92 $ 361.87 $ 428.83 $ 495.78 $ 562.75 $ 629.71 o 7/1/98 (2) 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 pickups are the basis for such calculation. Liquid waste transport (Ch. 6, Sec. 6.402) The city shall not issue a liquid waste transport to an applicant until the appropriate established fee is paid. A person shall pay a fee of two hundred and forty dollars ($240.00) for the first vehicle and one hundred and seventy dollars ($170.00) for each additional vehicle operated by the person. Each permit must be renewed annually. 14 VI. o o Yard waste bags (Ch. 11, Sec. 11.103) The city shall sell biodegradable yard waste bags for seventy-five cents ($0.75) each to individuals. A discounted price may be set for sale of the bags by the city to retail establishments or other organizations which intend to resell the bags to end users. Transfer station fees (Res. 94-7) The following fees shall be assessed for use of the city's solid waste transfer station: (1) University Park residents driving passenger cars, pickups, vans, panel trucks, single- axle trailers, large trucks, or multi-axle trailers with a cargo bed length of 25 feet or less for hauling refuse shall not be charged. A valid Texas driver's license is required as proof of residency. (2) Non-residents driving passenger cars, pickups, vans, panel trucks, and single-axle trailers to haul refuse: $40.00 per load. (3) Non-residents driving trucks or multi-axle trailers with a cargo bed length of 15 feet or less to haul refuse: $75.00 per load. (4) Non-residents driving trucks or multi-axle trailers with a cargo bed length of more than 15 feet and equal to or less than 25 feet to haul refuse: $100.00 per load. (5) Absolutely no trucks or multi-axle trailers with a cargo bed length of more than 25 feet or truck tractors with semi-trailers to haul refuse will be accepted at the transfer station. Recycling fees (Res. 94-19) Each resident receiving an individual City sanitation bill will be charged a recycling fee: I Alley/Curbside service I $2.02[ Packout Service $3.33 PARKS AND RECREATION Park reservations (Ch. 13, Art. 13.400) Rental of Goar Park Pavilion: (1) Residents of University Park may use the pavilion for personal use of twenty dollars ($20.00) per hour during the daytime (9:00 a.m. to 5:00 p.m.), and for thirty dollars ($30.00) per hour for evening use (5:00 p.m. to 11:00 p.m.). (2) All other groups who use the pavilion for personal use, except those specified in the following section, shall pay forty dollars ($40.00) per hour for daytime use, and sixty dollars ($60.00) for evening use. 7/1/98 15 (3) All applicants that desire to use the facility for .business, commercial, or professional gatherings may apply for the use of said pavilion for daytime hours between 9:00 a.m. and 5:00 p.m., and if such application is approved, the applicant shall pay the City Secretary seventy-five dollars ($75.00) per hour, but the applicant may make no charges nor collect any money of any kind or character from any person whatsoever. Tennis courts (Ch. 13, Sec. 13.204) All qualified residents of the City of University Park, upon making application with the Utilities Office, may secure an annual tennis permit. Such permit shall be numbered and coded as to indicate the time of its validity. The charge shall be as follows: Individual Permit $40.00 Family Permit $80.00 Children under 12 $ 7.50 Persons over 65 $ 7.50 Parks and playing fields reservations for filming. (Ch. 11, Sec. 13.501) Commercial use of any and all park facilities (including tennis courts and Goar Park Pavilion) for filming, photographing, etc., shall carry a charge of seventy-five dollars ($75.00) per hour, plus a damage and clean up deposit of two hundred and fifty dollars ($250.00). Playing fields reservations (Ch. 13, Sec. 13.502) Reservation card: Bona fide residents who are interested in making playing field reservations shall buy an annual reservation card from the reservations clerk for a fee of ten dollars ($10.00). Park--sports clinics (Ch. 13, Sec. 13.503) Any individual or group wishing to use a park or playing field to conduct a sports clinic as a profit-making venture shall reserve the park or playing field by filling out the appropriate application forms in the Park Department office and pay a fee of twenty dollars ($20.00) per hour for each hour the clinic is scheduled to be operated in the park or on the playing field reserved. If, after the conduct of the clinic is completed, the number of hours during which the park or playing field was actually in use exceeds the fee paid, the applicant shall be liable and responsible to pay the additional fee in the Park Department office within five (5) days after completion of the clinic. If the actual number of hours is less that the fee paid, the applicant shall receive a pro rata refund. The application forms and all fees must be in the park office at least one (1) week before the clinic is scheduled to begin. Park reservation fees (Ch. 13, Sec. 13.501) Any organized group not sponsored by the City and having special features (i.e., pony rides, petting zoos, bounce machines, port-a-johns, tents, etc.) that wishes to use a park, must make a reservation with the Parks Department, must make a two hundred fifty dollar ($250.00) refundable deposit, and must pay a rental fee according to the following schedule: 7/1/98 16 711198 Number of People .Fee Amount 1 - 25 $ 25.00 26- 99 $100.00 100- 199 $200.00 200 - 299 $300.00 300 and up $500.00 Groups of twenty-five (25) or less that wish to reserve a park but will not use special features do not have to make a deposit. Baseball fields may also be reserved for an additional fee of fifty dollars ($50.00). Swimming pool (Ch. 13, Art. 13.300) (1) All residents of University Park, nonresident owners of property in University Park, and residents of the Highland Park Independent School District (HPISD) who are not residents of University Park, six (6) years of age or older upon making application in person to the Utilities Office, may secure annual permits to swim in the pools. The charge for these permits shall be as follows: a. Season permits, if purchased on or before May 16, 1998: University Park Resident Renew old permit $30.00 New Permit $40.00 Non-University Park Resident Renew old permit $70.00 of Highland Park Independent School District New Permit $80.00 University Park Senior Citizens $25.00 b. Season permits, if purchased after May 16, 1998: University Park Resident Renew old permit $40.00 New Permit $50.00 Non-University Park Resident Renew old permit $100.00 of Highland Park Independent School District New Permit $110.00 University Park Senior Citizens $25.00 17 (2) (3) (4) (5) (6) (7) If an immediate family of more than four (4) purchases more than four (4) permits at one time, each permit in excess of four (4) shall be sold at half price. Senior discount applies only to seniors who are University Park residents. A member of a group defined in subsection (1) above may schedule a birthday party at the pool. Prior to the party, the member shall fill out an application stating the date of the party, time of the party and the number attending. Them will be a twenty-five dollar ($25.00) fee for the party, and each party guest must pay the regular admission fee or present their own season pass. A member of group defined in subsection (1) above may secure permission for guests to use pools by paying attendants of the gate a cash fee of five dollars ($5.00) for each guest each time each guest uses the pool. A member of a group defined in subsection (1) not owning an annual permit may use the swimming pool upon presentation of identification and paying a charge of five dollars ($5.00) per person for each time the pool is used. Lost permit identification card If the photo identification card issued with the annual pool permit is lost, a duplicate may be secured from the Utilities Office for ten dollars ($10.00). Use of pool by children under six years of age Children under six (6) years of age who are members of a group defined in subsection (1) above or guests of a member of a group defined in subsection (1) above may use any of the pools without charge if accompanied by a parent or guardian sixteen (16) years of age or older at all times. If the parent or guardian desires to enroll such child in one of the swimming instruction classes, a ten dollar ($10.00) enrollment fee shall be paid for the child. Persons who may accompany children to small pools All adults accompanying small children to small pools in bathing attire must pay a two dollar and fifty cent ($2.50) guest fee or purchase an annual pool permit. VII. COMMERCIAL FILMING FEES (Res. 96-11) 1. Small productions a. Filming permit application fee b. Rental of City parks (see Section VI) 2. Large productions a. Filming permit application fee b. Filming fees First day of filming (or fraction) 7/1/98 $ 25.00 $200.00 $200.00 18 o Each additional day of filming $ 50.00 c. Permit revision fee $ 50.00 d. Rental of City parks (see Section VI) Reimbursement of personnel costs The applicant shall reimburse the City of University Park for any personnel costs (i.e., police, fire, traffic, etc.), plus overhead, directly related to providing assistance to the filming activity. The film coordinator may require a cash deposit at the time of the application to ensure full payment of personnel costs. 711198 19 RESOLUTION NO. 9 8-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPOINTING MEMBERS TO THE 1998-2000 BOARDS AND COMMITTEES. WHEREAS, the City Council of the City of University Park appoints numerous statutory and advisory boards and committees, and; WHEREAS, these committees are appointed for two year terms, coinciding with city election years, and, WHEREAS, the City Council, elected in May of 1998, is now appointing those committees for the period of July, 1998 to July, 2000; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY UNIVERSITY PARK, TEXAS, THAT: SECTION 1. The City Council of the City of University Park hereby appoints the following individuals and committees attached hereto as Exhibit "A". SECTION 2. This resolution shall be in effect immediately upon its adoption. PASSED AND APPROVED this the 22nd day of July, 1998. Mayor ATTEST: CITY SECRETARY Resolution 98-15 Attachment A Board of Adjustment Harry B. Shawver, Jr, Chair Jerry Grable Roy Kull Jim Lake Barton B. Wallace a - Gretchen Henry a - Lon Houseman Planning & Zoning Comm'n Fred Ligon, III, Chair Randy Biddle Bill Foose Judy Gibbs Robert H. West a - Ed Freeman a - Bea Humann a - Jo Ann Norton Capital Pro_iects Review F.B. Pete Goldman, Chair Barbara Hitzelberger Don Houseman Olin B. Lane, Jr Harold Peek John Roach Crime Prevention Comm. Kirk Dooley, Chair Employee Benefits Comm. James E. Roberts, Chair Dan Beaird David W. Burgher William C. Clifton Clair Crossland Jim Ellis Stephen Herod William R. Johnson James Klancnik Bill Wilshusen Finance Committee Robert M. Olmsted, Jr., Chair John B. Atwood, III Richard Edwards Dan Hanson Howell Harralson Terry Kelley Ed Mahon Rod Sager John Stuart Terry M. Wilson Legislative Committee. Leland D. Nelson, Chair Robert F. Begert Roy C. Coffee, Jr. Ed Drake Trevor Rees-Jones J. Kent Newsom Robert J. Riek Parks Advisory_ Board William H. Pardoe, Chair Mollye Adams J. Mac Fuller Ann McInnis Doug Roach Carol Seay Property. Casualty, & Liability Insurance Comm. Frank Swingle, Chair Kevin Cudey Orville D. Jones Fred Ligon, III Scott Ragland William E. Strother Public Works Committee Kelly Walker, Chair John Crist John C. Farris Mike Moore Paul Pulliam Tommy Stewart Urban Design & Development E. Taylor Armstrong, Jr., Chair Michael Culwell Marc Hall Lynn Hill Hollis Jones Fran Oglesby Keay Byron McCommas Suzanne Tubb Zoning Ordinance Adv. Comm Bob Spies, Chair Edward D. "Ted" Biggers Robin Brown Sandra Cude Kim Kohler Dayton C. MacAtee Robert Rhodes Mark R. Smith Mark VanKirk SW Higher Ed. Authority Trevor Rees-Jones, Chair Russell F. Coleman O. Paul Corley Barbara Hitzelberger Don Houseman Jane Slover Eiband Wilshusen TX Higher Ed. Authority O. Paul Corley, Chair Trevor Rees-Jones Barbara Hitzelberger Don Houseman Charles Seay, Jr. Wayne Tenney Eiband Wilshusen RESOLUTION NO. ~ 8 - q 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE 1998 APPRAISAL ROLL OF THE DALLAS CENTRAL APPRAISAL DISTRICT FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's assessor and collector of taxes has submitted to the City Council the 1998 tax appraisal roll compiled by the Dallas Central Appraisal District; and WHEREAS, the City Council is of the opinion that the 1998 appraisal roll should be approved and adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the 1998 appraisal roll for the City of University Park, as presented by the Dallas Central Appraisal District, be, and the same if hereby, approved and adopted in all respects showing a total appraised property value of $3,102,583,580, new property added to the tax roll of a taxable value of $55,598,108, and a total taxable value of property, after exemptions, for 1998 of $2,338,462,010. SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of August, 1998. APPR/OVED: MAYOR CITY ATTORNEY (RLD/sb 7-29-98) ATTEST: CITY SECRETARY 19857 RESOLUTION NO. 9 8- ], 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING PARTICIPATION IN THE TEXAS LOCAL GOVERNMENT STATEWIDE PURCHASING COOPERATIVE. WHEREAS, the City of University Park (hereinafter "Cooperative Member") pursuant to the authority granted by Article 791 et seq. of the Interlocal Cooperation Act, as amended, desires to participate in the statewide purchasing program of the Cooperative; and WHEREAS, the City of University Park has elected to be a Cooperative Member in the Texas Local Government Statewide Purchasing Cooperative (hereinafter "Cooperative"), a program created by local governments in accordance with and pursuant to the Interlocal Cooperation Act ("Act"), Chapter 791, Texas Government Code; and WHEREAS, the Cooperative Member, is of the opinion that participation in the Cooperative's purchasing program will be highly beneficial to the taxpayers of the local government through the efficiencies and potential savings to be realized; and WHEREAS, the Cooperative Member desires to participate and join with other local governments in a cooperative interlocal agreement ("Agreement") for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs, functions and services. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT: SECTION 1. The Cooperative Member does request that the Cooperative include its stated needs for all categories of instructional, maintenance, custodial, and food service goods and services, on the Cooperative's Purchasing Program and award contracts for those items, whereby the Cooperative Members may be allowed to purchase those items from the Cooperative's contracts; and that Cooperative is authorized to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the Cooperative Members that have elected to participate. SECTION 2. The City Council of the Cooperative Member does hereby authorize its City Manager to execute the Interlocal Participation Agreement which includes the adoption and approval of the Organizational Interlocal Agreement previously executed and adopted by two or more local governments. SECTION 3. The execution of this Resolution shall evidence the election of Cooperative Member and eligible local governments to become members of the Cooperative upon the terms and conditions stated. The Board of Trustees has, and at the time of adoption of this Resolution had, full power and lawful authority to adopt the foregoing Resolution and to confer the obligations, powers, and authority to the persons named, who are hereby granted the power to exercise the same. PASSED AND APPROVED this the 18th day of November, 1998. Mayor ATTEST: CITY SECRETARY RESOLUTION NO. 9 8-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR RECONSTRUCTION OF A SANITARY SEWER MAIN FROM MCFARLIN SOUTH ACROSS THE DALLAS COUNTRY CLUB; MAKING FINDINGS EXEMPTING SUCH CONTRACT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a sanitary sewer main in an easement across the golf course of the Dallas Country Club has been accidentally damaged, causing sewage to flow into the creek adjacent to it; and WHEREAS, it is necessary to replace the entire length of the 27 inch sanitary sewer main while construction of the golf course is underway and to reroute it away from the creek; and WHEREAS, an immediate procurement is necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, the sanitary sewer main damage is unforeseen damage to public equipment and must be immediately remedied; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council finds and determines that the above conditions exist and that it is necessary to preserve the public health and safety of the City's residents and because of the unforeseen damage to the sanitary sewer main, that the City enter into an immediate contract for reconstruction without complying with the competitive bidding requirements of Chapter 252 of the Local Government Code. SECTION 2. That the City Manager be, and he is hereby, authorized and directed to execute a contract with Linder-Stahl Construction in the amount of $ 435,570. 00 for reconstruction of the sanitary sewer main across the golf 13565 course of the Dallas Country Club from McFarlin, for approximately 1400 linear feet, such reconstruction consisting of a new 30 inch sanitary sewer main located and constructed in accordance with appropriate engineering plans and specifications. SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 8th day of December, 1998. APPROVED AS TO FORM:A (RLD, 12/3/98) APPROVE]p: Mayor ATTEST: City Secretary I3565 RESOLUTION NO. 9 8-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE RECEIPT OF APPLICATIONS FOR THE PERFORMANCE OF DEPOSITORY SERVICES; PERMITTING CONSIDERATION OF APPLICATIONS FROM BANKS NOT DOING BUSINESS WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is required to designate a bank to serve as a depository for the City's funds; and WHEREAS, in the best interest of the City, it is desirable to consider the applications of banks that are not doing business in the City as well as banks that are doing business within the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The City Manager is authorized to solicit and receive applications for performance of depository services from one or more banks, credit unions, or savings associations, and to develop and present to the City Council for consideration and approval a depository services contract as provided by Chapter 105 of the Local Government Code. SECTION 2. The City Manager is authorized to consider and present to the City Council applications of banks, credit unions, or savings associations that are not doing business within the City, provided such bank, credit union, or savings association maintains a place of business within the State of Texas and offers the services required by the depository services contract. SECTION 3. That the City Council finds that consideration of banks, credit unions, or savings associations not doing business within the City, as well as banks, credit unions, or savings associations doing business within the City, is in the best interest of the City of University Park in establishing a depository and entering into a depository services contract. 22264 SECTION 4. The City Manager shall request, receive, and review applications for the performance of depository services and present the specifications of each application to the City Council which will then select a depository. SECTION 5. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 8th day of December, 1998. APPROVED AS TO FORM: City Attorney (RLD/sgb 11-30-98) APPROVED: Mayor ATTEST: City Secretary 22264 RESOLUTION No. 98- 2 0 A RESOLUTION OF THE CITY OF UNIVERSITY PARK TEXAS SUPPORTING THE EFFORT TO OBSERVE THE STATE OF TEXAS ANNIVERSARY REMEMBRANCE (S.T.A.R.) DAY EACH YEAR ON THE 19TH OF FEBRUARY. WHEREAS, the citizens of the Republic of Texas in 1845, in order to insure the continued blessing of liberty for themselves and their posterity, welcomed the admission of the Republic of Texas as the 28th state of the United States of America when James K. Polk, the 1 lth President of the United States of America, signed the Joint Resolution of Congress for Texas Statehood on 29 December, 1845; and WHEREAS, on 19 February, 1846 members of the first legislature of the State of Texas and other officials gathered together at 12:00 noon with citizens in front of the wood-planked capitol building on Hickory (8th) and Colorado streets in the City of Austin to witness Dr. Anson Jones, the last president of the Republic of Texas, lower the Lone Star flag of the Republic of Texas for the last time and raise the flag of the United States of America to the top of the mast, and see James Pinckney Henderson sworn in as the first governor of the State of Texas; and WHEREAS, George W. Bush, Governor of the State of Texas, has for the last three years proclaimed the 19th day of February as the STATE OF TEXAS ANNIVERSARY REMEMBRANCE (S.T.A.R.) DAY in the State of Texas, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of University Park, Texas does hereby memorialize the 76th Texas Legislature meeting in 1999 to establish the STATE OF TEXAS ANNIVERSARY REMEMBRANCE (S.T.A.R.) DAY as Special Observation Day on the 19th day of February each year to observe the birthday of the State of Texas and celebrate the rich history and diverse heritage of the people of the State of Texas. DULY RESOLVED by the City Council of the City of University Park, Texas, on the 8th day of December, 1998. APPROVED: Mayor Harold Peek ATTEST: City Secretary Bobbie H. Sharlg RESOLUTION NO. q a- 1 a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A MASTER FEE SCHEDULE; REPEALING RESOLUTION NO. 96-19, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution 96-19, the Master Fee Resolution, be, and the same is hereby, repealed. SECTION 2. That a new Master Fee Resolution Schedule, be, and the same is hereby, adopted for the City of University Park. A true copy of the Master Fee Schedule is attached hereto as Exhibit "A", and made a part hereof for all purposes, the same as if fully copied herein. SECTION 3. This Resolution shall take effect immediately from and after its passage as the law and Charter in such cases provide, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of July ,1998. APPROVED: MAYOR CITY ATTORNEY ATTEST: u:\docs'a-esolutn\fees98.doc Wednesday, July 01, 1998 EXHIBIT A TABLE OF CONTENTS ge Administrative Services 1. Health Permits 2. Council Chamber Rental 3. Permit to Paint House Numbers on Streets 4. Licenses for dogs and cats 5. Returned Check Charges 6. Photocopy Charges II. Building and Zoning 1. Building Permits 2. Mechanical Permits 3. Registration of Mechanical Contractor 4. Plumbing and Electrical Permits 5. Plumbing Contractor Registration 6. Sign Permits 7. Planning and Zoning Commission/Board of Adjustment Filing Fees 8. Real Estate and Tax Inquiries 9. Electrical Contractor Registration 10. Drainage Fees 11. Irrigation Contractor Registration 12. House Moving Permit/Related Charges 13. Moving Temporary Buildings & Mobile Homes 14. Fire Sprinkler Systems Installer Registration 15. Grass and Weed Mowing Fees and Liens IlL Utilities 1. Water Meter Security 2. Reconnection of Water Service Following Cut-off for Non-Payment of Bills 3. Emergency Water Cut-off Service 4. Examination and Test of Meters 5. Meter Rereads 6. Water Service 7. Conservation Surcharge 8. Sewer Service 9. Commercial and Business Sewer Service 10. Service to Southern Methodist University 11. Utility Service Construction Fees 1 1 1 1 1 1-2 2-3 3 3 3-4 4 4-5 5 5 5 5-6 6 6 7 7 7 7 7 8 8 8 8 9 9 10 10 10 u:\docs\resolutn\fees98.doc Wednesday, July 01, 1998 IV. Public Safety and Judicial 1. Impounded Vehicles 2. Wrecker Service Fees 3. Ambulance Service 4. Solicitor's License 5. Commission for Private Guards 6. Impoundment Fees for Animals 7. 9-1-1 Emergency Service Fee 8. Alarm Permit/Direct Alarm Monitoring V. Sanitation 1. Residential Garbage Collection 2. Brash & Tree Limb Collection 3. Appliance, Furniture, and Large Item Collection 4. Commercial Garbage Collection 5. Liquid Waste Transport 6. Yard Waste Bags 7. Transfer Station Fees 8. Recycling Fees VI. Parks and Recreation 1. Goar Park Pavilion Reservation 2. Public Address System for Goar Park Pavilion 3. Tennis Court Permits 4. Park and Playing Fields Reservations for Filming 5. Playing Fields Reservations 6. Park Reservations for Sports Clinics 7. Park Reservation Fees 8. Swimming Pool 9. Season Swimming Passes 10. Birthday Parties at Swimming Pool 11. Daily Swimming Pool Pass 12. Daily Guest Swimming Pool Pass 13. Lost Swimming Pool ID Card 14. Use of Pool by Children Under Six 15. Persons Accompanying Children in Small Pool 16. Swimming Lessons VII. Commercial Filming Fees 1. Small Productions 2. Large Productions 3. Reimbursement of Personnel Costs 10 10-11 12 12 12 12 12 13 13 13 14 14 14 14 14-15 15 15 15 16 16 16 16 16-17 17 17 17 18 18 18 18 18 18 18 18 19 u:\docskresolutn\fees98.doc Wednesday, July 01, 1998 I. ADMINISTRATIVE SERVICES o o o Health Permit (Ch. 6, Sec. 6.304) An annual fee of one hundred and seventy-five dollars ($175.00) will be collected from each food service establishment for a health permit issued by the City Secretary and thereafter for the renewal of such permit. Council Chamber Rental (Ch. 1, Art. 1.700) (1) Community-related groups which serve the youth or elderly shall be allowed the use of the premises for ten dollars ($10.00) daytime use (8:00 a.m. to 5:00 p.m.) and twenty dollars ($20.00) for evening use (5:00 p.m. to 11:00 p.m.). (2) All other groups shall pay twenty-five dollars ($25.00) per daytime use and fifty dollars ($50.00) for evening use. Permit to paint house numbers on streets (Ch. 4, Sec.4.303) A fee of fifty dollars ($50.00) for investigation shall be charged to any person applying for a permit to paint house numbers on streets. The fee shall not be prorated and shall be paid at the time the application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. Licenses for dogs and cats (Ch. 2, Art. 2.600) The owner of each dog or cat more than four (4) months old in the city shall obtain a license for such dog or cat from the City Manager or his designee. At the time of application for such license, the owner shall present a certificate of vaccination as specified in the City Code, and pay a licensing fee of ten dollars ($10.00) for each altered dog or cat and twenty dollars ($20.00) for each unaltered dog or cat. Returned check charge (Res. 93-16) The maximum charge permitted under Texas law will be imposed by the City for the collection of checks returned by the banks for the lack of funds when such checks are used in payment to the City for deposits or obligations legally owed by the issuer of the said returned checks. The Director of Finance will add the returned check charge to the other obligations owed to the City by the issuer of the returned checks. The Director of Finance, with the approval of the City Manager, may waive such charge if the City was negligent in the cashing of the check or if special circumstances deem the waiver as appropriate; however, in all cases of a waiver complete records must be made of the reason for the waiver. Photocopy charges (Admin. Order FNC- 10) Article 6252-17a of the Texas Statutes allows the City to charge a reasonable fee to cover the costs of reproducing public documents for private use. The charge for reproducing such documents will be based on the following guidelines: 7/1/98 (1) (2) (3) REPRODUCTION CHARGES a. The charge for photocopies up to 8.5" x 14" will be ten cents ($0.10) for each page. b. The charge to reproduce documents larger than 8.5" x 14" will be fifty cents ($0.50) or the actual cost incurred by the City in obtaining the reproductions. c. The charge to reproduce documents stored on microfilm will be two dollars ($2.00) per page. d. The charge to retrieve information from mainframe computer data storage banks will be computed at the rate of twenty six dollars ($26.00) per hour of operator time. EXCEPTIONS: a. The charges in section (1) do not apply to official publications normally offered to the public free of charge. b. The entire University Park Zoning Ordinance may be purchased for fifteen dollars ($15.00). ADDITIONAL CHARGES: Requests that are for 50 or more pages will be subject to an additional fee to cover processing costs. The fee will be computed at the rate of fifteen dollars ($15.00) per hour. II. BUILDING AND ZONING 1. Building permit (Ch. 3, Sec 3.103) (1) New construction fees: Residential: Buildin~ Area (su.ft) Permit Fee (by area) 1000 or less $ 800.00 1001-1250 $1,000.00 1251-1500 $1,200.00 1501-1750 $1,400.00 1751-2000 $1,600.00 2001-2250 $1,800.00 2251-2500 $2,000.00 2501-3000 $2,400.00 3001-3500 $2,800.00 3501-4000 $3,200.00 4001-4500 $3,600.00 4501 or greater $3,600.00 - plus $0.80 per sq.ft over 4500 Nonresidential: $0-$350,000 1% of value (by valuation) $350,000-$1,000,000 $3,500 - plus .75% of value over $350,000 $1,000,000 or greater $4,875 - plus .5% of value over $1,000,000 7/1/98 2 (2) Additions, alterations, and repair fees: All Occupancy Types: .Valuation Permit Fee $ 0 - $500 $20.00 $ 5ol - $1ooo $30.00 $1001 - $2500 $40.00 $2501 - $5000 $50.00 $5001 or greater 1% of value Mechanical permit (Ch. 3, Sec. 3.1103) (1) Fees for new construction: Residential: Building Area (sq.ft) Mechanical Permit Fee 1000 or less $20.00 1001 - 1250 $35.00 1251 - 1500 $50.00 1501 - 1750 $65.00 1751 - 2000 $80.00 2001 - 3500 $95.00 3501 - 4500 $110.00 4501 or greater $120.00 Nonresidential: 0 - 250 $10.00 250 - 500 $20.00 500 - 100,000 $20.00 plus $0.02 per sq.ft 100,000 or greater $500.00 plus $0.015 per sq.ft (2) Fees for additions, alterations, and repairs: All Occupancy Types: Valuation Mechanical Permit Fee $ 0 - $500 $10.0o $ 501 - $1500 3% of valuation $1501 - $3000 $15 plus 2% of valuation $3001 - $10,000 $45 plus 1% of valuation $10,001 or greater $95 plus 0.5% of valuation o 7/1/98 Registration of mechanical contractor (Ch. 3, Sec. 3.1103) The registration fee for a mechanical contractor shall be twenty-five dollars ($25.00). Plumbing and electrical permits (Ch. 3, Sec. 3.102, 3.1007) Cost of permit: The fees for plumbing and electrical permits shall be set forth as follows: (1) Fees for new construction: Residential: Building Area (sq. ft) Permit Fee 1000- 1250 $20.00 1251 - 1500 $35.00 1501 - 1750 $50.00 1751 - 2000 $65.00 2001 - 3500 $95.00 3501 - 4500 $110.00 4501 or greater $120.00 Nonresidential: 0 ~ 250 $10.00 251 - 500 $20.00 501 - 100,000 $20.00 plus $0.02 per sq.ft 100,001 or greater $500.00 plus $0.015 per sq.ft (2) Fees for additions, alterations and repairs: All Occupancy Types: Valuation Permit Fee $ 0 - $500 $10.00 $501 - $1500 3% of valuation $1501 - $3000 $15 plus 2% of valuation $3001 - $10,000 $45 plus 1% of valuation $10,001 or greater $95 plus 0.5% of valuation o Registration of plumbing contractor (Ch.3, Sec. 3.1203) It shall be required that all plumbing contractors register with the City. The registration fee shall be twenty-five dollars ($25.00). Sign permits (Ch. 12, Sec. 12.203, 12.209) (1) A sign permit shall not become valid until the applicant has paid to the City the appropriate fee according to the following schedule: All Sign Types: Valuation Permit Fee $ 0 - $500 $20.00 $501 - $1000 $30.00 $1001 - $2500 $40.00 $2501 - $5000 $50.00 $5001 or more 1% of value (2) An investigation fee shall be collected in addition to the permit fee whenever any sign for which a permit is required has been installed, replaced or altered without first having obtained a permit. The investigation fee shall be two (2) times the 4 10. 7/1/98 amount of the permit fee and shall not exceed two hundred fifty dollars ($250.00). The investigation fee shall be collected even if a permit is not issued. Filing fee for Amending Plats, license agreements, requests for special sign districts, and submissions for Planning and Zoning Commission and Board of Adjustment hearings (Ch. 12, Sec. 12.103) (1) The fee to be paid by applicants who request an amending plat from the Building Division shall be one hundred dollars ($100.00) per request. (2) The fee to be paid by applicants who request a license agreement from the City shall be one hundred dollars ($100) per request. (3) The fee to be paid by applicants who request a special sign district shall be one hundred dollars ($100) per request. (4) The fees to be paid by applicants who request a hearing before either the Board of Adjustment or the Planning and Zoning Commission shall be one hundred fifty dollars ($150.00) per application. Real estate and tax inquiries (Res. 85-9) Information relative to real estate description or tax matters shall not be given out over the telephone to any commercial establishment by employees of University Park. All inquiries in regard to real estate descriptions, tax searching status, etc., shall be presented in writing to the City and the City shall make a three d611ar ($3.00) charge for each item requested. Registration of electrician's license (Ch. 3, Sec. 3.1007) The fees for licensing of qualified electricians and electrical contractors shall be payable to the City of University Park as set forth in the following table. The period for payment of fee shall begin on January 1st and end December 31st of the same calendar year. No inspection permit will be issued, nor work authorized to permit the applicant thereof to enter into a contract for or do any installation, maintenance or repair of any electrical work unless such person has paid his annual registration fee as required by this subsection. License Annual Fee Electrical Contractor $75.00 Master Electrician $20.00 Journeyman Electrician $10.00 Drainage fee (Ch. 3, Sec. 3.103) In lieu of the option available in paragraph (iv) of Chapter 3, Section 3.103(18)(3)of the City Code, a monthly drainage fee may be paid. If the amount of impervious area exceeds that allowed in paragraph (i) of the above referenced part of the City Code, the monthly drainage fee shall be calculated as follows: 5 Unit or Standard Lot Size 6000 sq. feet Unit Impervious Area 3600 sq. feet Minimum monthly fee (any district) $4.50 Maximum monthly fee (any district) $22.50 11. 12. 13. 711198 Drainage Factor (D.F.) Single family = Basic unit District Coefficient (D.F.) Single Family 0.4/0.4 1.0 SF-A, D-l, D-2, MF-1, MF-2, MF-3 0.6/0.4 1.5 All others 0.9/0.4 2.25 Formula for monthly fee: Imp. area (sq.ft) x Lot size (sq.ft) X D.F. x $4.50 3600 6000 In all calculations, the fee shall not exceed $22.50 per month. All funds collected from drainage fees shall be set aside in a special fund to be used only for drainage related improvements. Irrigation code--registration of contractor (Ch. 3, Sec. 3.2203) All irrigation contractors shall register with the City. The registration fee shall be twenty- five dollars ($25.00). House moving permit and related charges (Ch. 3, Sec. 3.1701, 3.1705) (1) The applicant shall pay a fee of twenty-five dollars ($25.00) to the City for the moving permit. (2) The applicant shall reimburse the City of University Park for any personnel costs, including overhead, directly related to providing assistance to the moving activity. The building official may require a cash deposit at the time of application to ensure partial or full payment of personnel costs. The hourly rate for each police officer used for escort purposes is twenty five dollars ($25.00) per hour. (3) All fees shall be paid to the City at the time of application for moving permit. If escort personnel have to return, the building official may require that an additional cash deposit be paid before the house, building, or structure is to be moved. Moving temporary buildings and mobile homes (Ch. 3, Sec. 1705) The fee for the issuance of a permit for the movement of a mobile or temporary home within the city limits of the City of University Park shall be five dollars ($5.00). III. 14. Registration fee for license to install automatic fire-extinguishing systems (Ch.5 Sec. 5.1300) The fee for registration of a license shall be twenty five dollars ($25.00) for Fire Sprinkler Contractor. 15. Grass and weed mowing - fees and liens (Ch. 6, Sec. 6.204, 6.205) (1) Fees-Owners of property mowed to correct tall grass and weeds shall pay a fee equal to the cost of mowing plus interest at six percent from the date of mowing. (2) Liens-Property liens filed for non-payment of fees and interest for mowing tall grass and weeds Will include a legal and administrative fee of fifty dollars ($50.00). 16. Certificate of Occupancy. (July, 1998) The fee for a Certificate of Occupancy shall be fifty dollars ($50.00). All new businesses moving into the City are required to obtain a Certificate of Occupancy from the Building Inspection division. UTILITIES Water meter security (Ch. 11, Sec. 11.303) (1) Before water service is furnished to a consumer at any address, the consumer shall be required, upon making application for such service, to deposit with the manager of the utility office, deposits amounting to the following for each meter: 5/8" and 1" meters: (Homeowner Occuppied) $35.00 5/8" and 1" meters: (Rental Units) $65.00 Meters Larger than 1": (All) $75.00 Hydrant Meter: (refundable) $750.00 Hydrant Meter: (installation fee) $40.00 (2) The deposit for apartments or duplexes which are not individually metered will be thirty five dollars ($35.00) per unit. For example, the deposit for a four unit apartment will be one hundred forty dollars ($140.00). (3) In the case of business institutions, the manager of the utility office may require a deposit equal to three times the average monthly bill on such premises. Reconnection following cut-off for nonpayment of water bills (Ch. 11, Sec. 11.306) When water is cut off from any consumer or from any premises on account of nonpayment for water and sewer services furnished, the manager of the utility office shall not permit the water or sewer services to be furnished to said premises or consumer until the full amount delinquent, the ten (10%) percent penalty, and a collection or reconnection charge of twenty o o o ° dollars ($20.00) is paid. Such amount shall be paid at the utility office if reconnected during normal office hours. Emergency water cut-offservice (Ch. 11, Sec. 11.307) Whenever any consumer, owner or occupant of premises shall request the city to cut off his water service at the meter for his convenience or due to the fact that his stop and waste or house cut off is either nonfunctional or cannot be found, then the manager of the utility office shall add a service fee to his bill of fifteen dollars ($15.00) for each cut off. Examination and test of meters (Ch. 11, Sec. 11.308) Any consumer shall have the right to demand that the meter through which water is being furnished be examined and tested by the waterworks for the purpose of ascertaining whether it is or is not registering correctly the amount of water which is being delivered through it to such consumer; provided that when such consumer desires to have any meter so examined and tested, such consumer shall make application therefor in writing to the manager of the utility office, and shall deposit with such application the amount charged for various sizes: For testing any size up to a 1" meter $10.00 For testing any meter larger than 1" $15.00 Meter rereads (Ch. 11, Sec. 11.309) Any consumer who feels that their measured water consumption is excessive may request that the meter be reread. Two (2) free rereads are allowed within each calendar year and any in excess will be charged ten dollars ($10.00), unless there has been an error on the part of the city, or the meter is faulty. Water service (Ch. 11, Art. 11.4000) (1) The following water rates are hereby established and shall be collected by the manager of the waterworks and sewerage department within the city. The minimum monthly rates for all metered water service shall be as follows: For a 5/8" or 3/4" meter: $ 7.50 For a 1" meter: $ 8.25 For a 1 1/2" meter: $10.70 For a 2" meter: $13.35 For a 3" meter: $15.90 For a 4" meter: $ 26.90 For a portable meter: $120.00 (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 thirty-five cents ($2.35) per thousand or any portion thereof. 7/1/98 (3) Any duplex or multi-family dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant. All single family units shall pay a minimum charge for each meter but such minimum shall provide for a usage of 2,000 gallons per meter. Conservation surcharge (June - November billings) (Ch. 11, Art. 11.4000) During the six (6) summer months, each water meter except those for Southern Methodist University, shall be subject to a monthly surcharge/conservation charge for all consumption in excess of 11,500 gallons. SMU meters shall be subject collectively to a monthly surcharge/conservation charge 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-five cents ($0.65) per thousand (1,000) gallons for all excess consumption. Sewer service (Ch. 11, Art. 11.500) (1) The sewer charge for each single family, duplex or multi-family dwelling shall be included in the water bill and calculated as follows: (a) All sewer charges are based on the use of water passing through the water meter or meters. All single family units, having more than one meter, shall have the usage of meters added together for the purposes of this section; however, if separate bills are rendered for a lawn sprinkler such consumption shall not be considered for sewer charges. (b) Any duplex or multifamily dWelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant, and any usage over the minimum shall be averaged over each unit of the dwelling as though each unit consumed the water the average indicates. (c) Any duplex or multifamily dwelling having individual water meters for each unit shall be treated, for sewer billing purposes, as though each were a single family dwelling. (d) There shall be a fourteen dollar and seventy-five cent ($14.75) minimum sewer 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 be billed at two dollars and twenty-one cents ($2.21) per 1,000 gallons per month per unit for the sewer fee. (f) The sewer bill for March through February shall be based on the average billing of water over the three-month period as listed below: CYCLE I: The water used during the months of November, December and January. CYCLE II: The water used during the period of November 15 to February 15. (2) For each business or commercial establishment of any nature, plus public institutions such as schools and churches: (a) There shall be a fourteen dollar and seventy-five cent ($14.75) minimum up to two thousand (2,000) gallons of water used per month. (b) Any water used in excess of two thousand (2,000) gallons per month shall be billed at a rate of two dollars and twenty-one cents ($2.21) per 1,000 gallons per month. (3) For service to Southern Methodist University, two dollars and twenty-one cents ($2.21) per one thousand (1,000) gallons of water used per month, but that the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceding October, November, December, January, February and March adjusted for lawn, swimming pool and metered cooling tower use. Schedule of utility service construction fees (Ch. 11, Art. 11.600) For services performed by the city as denoted in this Chapter, the following charges will be made: Installation of a one-inch (1") water meter: $ 900.00 Installation of a sewer tap: $ 900.00 Installation of a one-inch (1") water meter & sewer tap in a single excavation: $1,300.00 Removal of an existing water meter and/or sewer tap per excavation: $ 800.00 10. The price for the installation of water meters greater than one inch (1") and excavations other than in the alley will be determined by the city, based on the size, location, current costs and specifications. Sewer Rate Recalculation Sewer service customers may apply to have their sewer service charges recalculated to the previous year's rates. The fee for recalculating sewer service charges shall be thirty dollars ($30.00). 10 IV. PUBLIC SAFETY AND JUDICIAL Vehicles impounded by order of Chief of Police (Ch 10, Sec. 10.2304) (1) Actual cost as charged by the designated wrecker service providing the impoundment plus a $20.00 administration fee. (2) For storing a vehicle - $10.00 per vehicle per day, after the first twenty-four (24) hour period. 2. Wrecker service fees (Ch. 10, Sec. 10.2408) (1) A designated wrecker company or another emergency wrecker company authorized by the chief of police to render specific services in a specific emergency shall charge the following fees for towing vehicles with a light-duty wrecker (Rates for fractions of an hour are based on quarter hour increments): (a) Forty-five dollars ($45.00) for towing a vehicle from a point within the city to another point within the city, to the city pound, or to a point inside Highland Park. (b) Forty-five dollars ($45.00) for towing a vehicle from a point within the city to a point inside LBJ Freeway and north of Interstate 30. (c) Fifty-five dollars ($55.00) for towing a vehicle from a point within the city to a point inside LBJ Freeway and south of Interstate 30. (d) Seventy-five dollars ($75.00) for towing a vehicle from a point within Dallas County outside LBJ Freeway and north of Interstate 30. (e) Eighty-five dollars ($85.00) for towing a vehicle from a point within the city to a point within Dallas County outside of LBJ Freeway and south of Interstate 30. (f) Twenty-five dollars ($25.00) for performing a service which does not require that a vehicle be towed, including but not limited to adding fuel, prying a bumper from a tire, or other similar services. (g) Twenty dollars ($20.00) for using dollies or flatbed wreckers in addition to other allowable charges. (h) For towing a vehicle from a point within the city to a point not listed in paragraphs (a) through (f) of this subsection, twelve dollars and fifty cents ($12.50) plus one dollar and fifty cents ($1.50) per mile or fraction thereof. 711198 11 (i) Forty dollars ($40.00) per hour of recovery time, such time to begin fifteen (15) minutes after the light-duty wrecker has arrived on the scene, and to end when the vehicle is ready to be towed. (2) The rates specified in paragraphs (a) through (i) in this subsection, shall be doubled for heavy-duty wreckers. In addition to the specified rates for towing, a designated wrecker company is authorized to charge ninety dollars ($90.00) per hour for recovery time, such time to begin when the heavy-duty wrecker arrives on the scene, and to end when the vehicle is ready to be towed. Rates for fractions of an hour are based upon quarter hour increments. (3) In addition' to the base rates described above, the City charges a twenty dollar ($20.00) administration fee for any towing-related activity. Ambulance (MICU) (Ch. 1, Sec. 1.1903) (1) A base fee per trip per person for transportation by Mobile Intensive Care Unit (MICU) to a hospital providing emergency medical attention within the boundaries of Dallas County. The base fee shall be set at the maximum amount recoverable from Medicare on the day of transport. 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 transported including (but not limited to) drugs, bandaging, oxygen, electrocardiogram (EKG), etc., that is allowed by Medicare. The cost of these items will be the maximum charges allowed by Medicare. An itemized bill will be provided to each transported patient listing each charge. (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 the maximum amount recoverable from Medicare on the day of transport. If the patient is unable to establish a preference, transport will be made to the nearest available hospital. Common transports are to Baylor, Childrens', Charlton Methodist, Doctors, Medical City, Methodist Central, Parkland, Presbyterian, St. Paul, and Veterans' hospitals. Solicitor's license fee (Ch. 4, Sec. 4.103) A fee of fifty dollars ($50.00) for investigation of persons wanting to peddle, sell, solicit, canvass, or take orders for any services, wares, merchandise, or goods shall be charged which shall not be prorated and shall be paid at the time application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. Commission for private guards (Ch. 4, Sec. 4.407) Each individual receiving a private guard commission shall pay a fee of fifty dollars ($50.00). 12 o Impoundment fees for animals (Ch. 2, Sec. 2.608) The City shall collect a fee of fifty dollars ($50.00) for the impoundment of any animal prior to the release of such animal. If the animal has been impounded for observation for rabies and held for ten (10) days, the city shall collect a fee of one hundred twenty-five dollars ($125.00), and an additional fee of twelve dollars and fifty cents ($12.50) per day if such impoundment is for a period in excess of ten (10) days. o 911 Emergency Service Fee (res. 95-11) The City shall collect the following monthly fees for providing 911 Emergency Service within the City: Residential Telephones $0.62 Business Telephones $1.51 Trunk Lines $2.50 Alarm A. Permit and Direct Alarm Monitoring Fees The City shall charge a fee of fifty dollars ($50.00) for an initial Alarm Permit Fee. Each year thereafter, alarm permit holders shall pay a ten dollar ($10.00) renewal fee due on the anniversary of their original application date. Alarm permits are not transferable. Bo Each alarm permit holder subscribing to the City's basic digital-dialer Direct Alarm Monitoring system shall pay a fee of three hundred dollars ($300.00) per year. This fee may be paid in whole or in twelve monthly installments of twenty-five dollars ($25.00) each. Each alarm permit holder subscribing to the City's optional radio-backup Direct Alarm Monitoring system shall pay all fees related to the basic system, plus the actual cost charged to the City by the radio network supplier. This fee may be paid in whole upon determination of the City's current actual cost or in twelve equal monthly installments. D. Subscribing to the radio-backup system alone is not an option. SANITATION Residential garbage collection (Ch. 6, Sec. I. 108) The city shall charge the following sums per month for its services in removing garbage and trash from residences, two-family houses, and apartment houses, as follows: Single Family Dwelling $12.60 Two-family dwelling, per unit $12.60 Apartments, per unit on residential route $12.60 on commercial route $ 6.40 Carryouts, per unit $46.20 13 Brush and tree limbs which are too bulky to be tied in bundles shall be stacked on the parkway to be picked up. An extra charge shall be assessed for this service on the regular billing as follows: Manual Pickup $ 7.50 Mechanical Pickup less than 1/2 truckload $40.00 1/2 truckload $60.00 full truckload $80.00 The city shall charge the following sums for the removal of appliances, furniture and other .large items: Range or Refrigerator $15.00 Washer, Dryer, Window Air Conditioner, Water $10.00 Heater, 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 (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, where containers have been placed at any of such establishments, sanitation charges based upon the following schedule: Collections Per Week Number of 3-yard Containers 2 $ 67.92 $106.69 $126.14 $ 155.17 $184.20 $213.23 $242.17 $271.30 $ i~0i72 $2i~i~5 $252i~:9: $:292i9i $ 333i65 $ 379~28 4 $110.59 $164.89 $ 217.26 $ 270.61 $ 323.95 $ 377.30 $ 430.64 $ 483,98 : 5; $135!80 $i9~!88 $ 26ii~2 $ 325!01 $ 388!06 $ 451!13 $ 514!20 $ 577i26 161.00 $ 242.55 $ 294.92 $ 361.87 $ 428.83 $ 495.78 $ 562.75 $ 629.71 711198 (2) 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 pickups are the basis for such calculation. Liquid waste transport (Ch. 6, Sec. 6.402) The city shall not issue a liquid waste transport to an applicant until the appropriate established fee is paid. A person shall pay a fee of two hundred and forty dollars ($240.00) for the first vehicle and one hundred and seventy dollars ($170.00) for each additional vehicle operated by the person. Each permit must be renewed annually. 14 VI. Yard waste bags (Ch. 11, Sec. 11.103) The city shall sell biodegradable yard waste bags for seventy-five cents ($0.75) each to individuals. A discounted price may be set for sale of the bags by the city to retail establishments or other organizations which intend to resell the bags to end users. Transfer station fees (Res. 94-7) The following fees shall be assessed for use of the city's solid waste transfer station: (1) University Park residents driving passenger cars, pickups, vans, panel trucks, single- axle trailers, large trucks, or multi-axle trailers with a cargo bed length of 25 feet or less for hauling refuse shall not be charged. A valid Texas driver's license is required as proof of residency. (2) Non-residents driving passenger cars, pickups, vans, panel trucks, and single-axle trailers to haul refuse: $40.00 per load. (3) Non-residents driving trucks or multi-axle trailers with a cargo bed length of 15 feet or less to haul refuse: $75.00 per load. (4) Non-residents driving trucks or multi-axle trailers with a cargo bed length of more than 15 feet and equal to or less than 25 feet to haul refuse: $100.00 per load. (5) Absolutely no trucks or multi-axle trailers with a cargo bed length of more than 25 feet or truck tractors with semi-trailers to haul refuse will be accepted at the transfer station. o Recycling fees (Res. 94-19) Each resident receiving an individual City sanitation bill will be charged a recycling fee: Alley/Curbside service $2.02 Packout Service $3.33 PARKS AND RECREATION 1. Park reservations (Ch. 13, Art. 13.400) Rental of Goar Park Pavilion: (1) Residents of University Park may use the pavilion for personal use of twenty dollars ($20.00) per hour during the daytime (9:00 a.m. to 5:00 p.m.), and for thirty dollars ($30.00) per hour for evening use (5:00 p.m. to 11:00 p.m.). (2) All other groups who use the pavilion for personal use, except those specified in the following section, shall pay forty dollars ($40.00) per hour for daytime use, and sixty dollars ($60.00) for evening use. 15 o (3) All applicants that desire to use the facility for business, commercial, or professional gatherings, may apply for the use of said pavilion for daytime hours between 9:00 a.m. and 5:00 p.m., and if such application is approved, the applicant shall pay the City Secretary seventy-five dollars ($75.00) per hour, but the applicant may make no charges nor collect any money of any kind or character from any person whatsoever. Tennis courts (Ch. 13, Sec. 13.204) All qualified residents of the City of University Park, upon making application with the Utilities Office, may secure an annual tennis permit. Such permit shall be numbered and coded as to indicate the time of its validity. The charge shall be as follows: Individual Permit $40.00 Family Permit $80.00 Children under 12 $ 7.50 Persons over 65 $ 7.50 Parks and playing fields reservations for filming_ (Ch. 11, Sec. 13.501) Commercial use of any and all park facilities (including tennis courts and Goar Park Pavilion) for filming, photographing, etc., shall carry a charge of seventy-five dollars ($75.00) per hour, plus a damage and clean up deposit of two hundred and fifty dollars ($250.00). Playing fields reservations (Ch. 13, Sec. 13.502) Reservation card: Bona fide residents who are interested in making playing field reservations shall buy an annual reservation card from the reservations clerk for a fee of ten dollars ($10.00). Park--sports clinics (Ch. 13, Sec. 13.503) Any individual or group wishing to use a park or playing field to conduct a sports clinic as a profit-making venture shall reserve the park or playing field by filling out the appropriate application forms in the Park Department office and pay a fee of twenty dollars ($20.00) per hour for each hour the clinic is scheduled to be operated in the park or on the playing field reserved. If, after the conduct of the clinic is completed, the number of hours during which the park or playing field was actually in use exceeds the fee paid, the applicant shall be liable and responsible to pay the additional fee in the Park Department office within five (5) days after completion of the clinic. If the actual number of hours is less that the fee paid, the applicant shall receive a pro rata refund. The application forms and all fees must be in the park office at least one (1) week before the clinic is scheduled to begin. Park reservation fees (Ch. 13, Sec. 13.501) Any organized group not sponsored by the City and having special features (i.e., pony rides, petting zoos, bounce machines, port-a-johns, tents, etc.) that wishes to use a park, must make a reservation with the Parks Department, must make a two hundred fifty dollar ($250.00) refundable deposit, and must pay a rental fee according to the following schedule: 16 Number of People Fee Amount 1 - 25 $ 25.00 26- 99 $100.00 100- 199 $200.00 200 - 299 $300.00 300 and up $500.00 Groups of twenty-five (25) or less that wish to reserve a park but will not use special features do not have to make a deposit. Baseball fields may also be reserved for an additional fee of fifty dollars ($50.00). Swimming pool (Ch. 13, Art. 13.300) (1) All residents of University Park, nonresident owners of property in University Park, and residents of the Highland Park Independent School District (HPISD) who are not residents of University Park, six (6) years of age or older upon making application in person to the Utilities Office, may secure annual permits to swim in the pools. The charge for these permits shall be as follows: a. Season permits, if purchased on or before May 16, 1998: University Park Resident Renew old permit $30.00 New Permit $40.00 Non-University Park Resident Renew old permit $70.00 of Highland Park Independent School District New Permit $80.00 University Park Senior Citizens $25.00 b. Season permits, if purchased after May 16, 1998: University Park Resident Renew old permit $40.00 New Permit $50.00 Non-University Park Resident Renew old permit $100.00 of Highland Park Independent School District New Permit $110.00 University Park Senior Citizens $25.00 7/1/98 17 (2) (3) (4) (5) (6) (7) If an immediate family of more than four (4) purchases more than four (4) permits at one time, each permit in excess of four (4) shall be sold at half price. Senior discount applies only to seniors who are University Park residents. A member of a group defined in subsection (1) above may schedule a birthday party at the pool. Prior to the party, the member shall fill out an application stating the date of the party, time of the party and the number attending. There will be a twenty-five dollar ($25.00) fee for the party, and each party guest must pay the regular admission fee or present their own season pass. A member of group defined in subsection (1) above may secure permission for guests to use pools by paying attendants of the gate a cash fee of five dollars ($5.00) for each guest each time each guest uses the pool. A member of a group defined in subsection (1) not owning an annual permit., may use the swimming pool upon presentation of identification and paying a charge of five dollars ($5.00) per person for each time the pool is used. Lost permit identification card If the photo identification card issued with the annual pool permit is lost, a duplicate may be secured from the Utilities Office for ten dollars ($10.00). Use of pool by children under six years of age Children under six (6) years of age who are members of a group defined in subsection (1) above or guests of a member of a group defined in subsection (1) above may use any of the pools without charge if accompanied by a parent or guardian sixteen (16) years of age or older at all times. If the parent or guardian desires to enroll such child in one of the swimming instruction classes, a ten dollar ($10.00) enrollment fee shall be paid for the child. Persons who may accompany children to small pools All adults accompanying small children to small pools in bathing attire must pay a two dollar and fifty cent ($2.50) guest fee or purchase an annual pool permit. VII. COMMERCIAL FILMING FEES (Res. 96-11) Small productions a. Filming permit application fee b. Rental of City parks (see Section VI) Large productions a. Filming permit application fee b. Filming fees First day of filming (or fraction) 7/1/98 $ 25.00 $200.00 $200.O0 18 Co Each additional day of filming Permit revision fee Rental of City parks (see Section VI) $ 50.00 $ 50.00 o Reimbursement of personnel costs The applicant shall reimburse the City of University Park for any personnel costs (i.e., police, fire, traffic, etc.), plus overhead, directly related to providing assistance to the filming activity. The film coordinator may require a cash deposit at the time of the application to ensure full payment of personnel costs. 7/1/98 19