HomeMy WebLinkAboutAgenda 08-02-05 Names and Tabs.
AGENDA
#2515
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, AUGUST 2, 2005 AT 5:00 P.M.
4:00-5:00 P.M.
WORK SESSION FOR AGENDA REVIEW
I. INVOCATION - Fire Chief David Ledbetter
II. PLEDGE OF ALLEGIANCE - Fire Chief David Ledbetter
III. INTRODUCTION OF COUNCIL - Mayor James H. Holmes, III
IV. INTRODUCTION OF STAFF - City Manager Bob Livingston
V. AWARDS & RECOGNITION
DEP ARTMENT PIN: Antonio Reyes, Utility Department, 30 Years of Service to
the City
PROCLAMATION: Constitution Week September 17-23, 2005 - Tab I
RECOGNITION: Of Boy Scouts in attendance
VI. ITEMS FROM THE FLOOR
Anyone wishing to address an item not on the Agenda or having questions about items on the
Consent Agenda should do so at this time. Questions and comments regarding Main Agenda
items may be made when that item is addressed by the City Council.
VII. CONSENT AGENDA
A. CONSIDER: Resolution adopting 2005 certified tax roll - Austin Tab II
B. CONSIDER: Contract for health services with Dallas County Department of
Health and Human Service FY06 - Wilson Tab III
C. CONSIDER: Approval of City Council Meeting Minutes for July 19, 2005 -
Wilson Tab IV
VIII. MAIN AGENDA
A. CONSIDER: Moving city council meeting date from August 16th to August
23rd to accommodate tax rate hearing - Austin Tab V
B. CONSIDER: Approval of Resolution Expressing the Intent to Abide by the
Conditions Agreed Upon Previously Regarding Voting of City Use of City
Park and Appointment of Members to a Committee to Review the City
Charter - Livingston Tab VI
C. CONSIDER: Change Order for Turtle Creek Box Culvert - Smallwood Tab
VII
D. CONSIDER: Appointment of Committee to name Central Linear Park and
adjacent street - Livingston Tab VIII
E. CONSIDER: Ordinance to increase false alarm fees - Adams Tab IX
F. CONSIDER: Resolution amending the Master Fee Schedule to change false
alarm fees to those allowed by state law - Adams Tab X
G. REVIEW: Presentation ofFY06 Budget and vote to conduct Public Hearing
on tax rate - Austin Tab XI
H. REVIEW: Quarterly Financial Statements - Austin Tab XII
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into Closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any agenda items listed herein.
INFORMATION AGENDA
REPORTS, BOARD AND COMMITTEE MEETING MINUTES
A. BOARD OF ADmSTMENT
B. EMPLOYEE BENFITS ADVISORY COMMITTEE
C. FINANCE ADVISORY COMMITTEE
D. PARK ADVISORY COMMITTEE Minutes for July 12,2005 - Tab
XIII
E. PLANNING & ZONING COMMISSION
F. PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY
COMMITTEE
G. PUBLIC SAFETY ADVISORY COMMITTEE
H. PUBLIC WORKS ADVISORY COMMITTEE
I. URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE
1. ZONING ORDINANCE ADVISORY COMMITTEE
K. CAPIT AL PROJECTS REVIEW COMMITTEE
WHEREAS, September 17, 2004 marks the two hundred seventeenth anniversary
of the drafting of the Constitution of the United States of America by the Constitutional
Convention; and
WHEREAS, It is fitting and proper to accord official recognition to this
magnificent document and its memorable anniversary, and to the patriotic celebrations
which will commemorate the occasion, and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year
by the President of the United States of America designating September 17 through 23,
2003 as Constitution Week,
NOW, THEREFORE, I, James H. Holmes, III, by virtue of the authority vested
in me as Mayor of the City of University Park of University Park, Texas do hereby
proclaim the week of September 17 through 23 as
CONSTITUTION WEEK
And ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787
by vigilantly protecting the freedom guaranteed to us through this guardian of our
liberties, remembering that lost rights may never be regained.
IN WITNESS WHERE OF, I have hereunto set my hand and caused the Seal
of the City of University Park to be affIXed this third day of August of the year of our
Lord two thousand and four.
Mayor
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214)
644
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19
AGENDA MEMO
(08/02/05 AGENDA)
DATE: July 21, 2005
TO: Honorable Mayor and City Council
FROM: Nina Wilson
City Secretary
SUBJECT: CONTRACT FOR HEALTH SERVICES FY '06 FROM DALLAS
COUNTY HEALTH & HUMAN SERVICES DEPARTMENT
ITEM: Each year we receive a renewal for the above-mentioned contract. The City
agrees to pay the County the sum of $48.00 for the fiscal year October 1,
2005 through September 30, 2006, which is the agreed upon City's share
of the total cost less federal and state funding. Health services include
tuberculosis control, sexually transmitted disease control, communicable
disease control, and laboratory services.
RECOMMENDA TION:
Staff recommends approval of this contract.
ATTACHMENTS: Contract with Exhibits A-D.
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
U:\Docs\Dallas County Health\Health Services Contract Memo 2005.doc
10:36 AM 07/2
JUL I 8 ani
DALLAS COUNTY
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ADMINISTRA TION
ZACHARY THOMPSON
DIRECTOR
DR. DAVID BUHNER
MEDICAL DIRECTOR
July 14, 2005
Honorable James H. Holmes III
Mayor ofthe City of University Park
3800 University Boulevard
Dallas, TX 75205
Dear Mayor Holmes:
Enclosed please find the FY'06 contract for Health Services between your city and the Dallas County
Department of Health and Human Services. The contract cost is based on the FY'05 contract amount.
Please present this contract to your city council for their approval and return both signed copies to Dallas
County Department of Health and Human Services. If our services are required in presenting the agreement
to your council, we will be more than happy to assist you. Also enclosed is a copy of the FY'06 Exhibits
A, B, C, and D. If you would like to receive an electronic version of the FY'06 contract for Health Services,
please email Pamela Dorrough at pdorough@dallascounty.org. Thankyou for your continued support for
quality health care for the citizens of Dallas County.
Should you have any questions, please feel free to contact Denise Cherry at (214) 819-2104.
Sincerely,
A
Directo
enclosures
xc: Denise Cherry, Program Monitor
2377 N. Stemmons Freeway
Suite 644 LB-16
Dallas, Texas 75207-2710
Office (214) 819-2100
FAX (214) 819-2107
THE STATE OF TEXAS
~
~
~
~
AGREEMENT BETWEEN DALLAS COUNTY,
ON BEHALF OF DALLAS COUNTY HEALTH
AND HUMAN SERVICES, AND THE CITY
OF UNIVERSITY PARK, TEXAS
COUNTY OF DALLAS
1. PARTIES
Whereas, Dallas County ("County") has offered to provide certain health services to the various
cities throughout Dallas County on a contract for services basis; and
Whereas, the City of University Park, Texas ("City/Town") desires to participate with County in
establishing coordinated health services for City/Town and Dallas County; and
Whereas, County will operate certain health services for the residents of City/Town in order to
promote the effectiveness of local public health programs; and
Whereas, the cooperative effort will allow cities located within Dallas County to participate in
providing public health services for their residents; and
Whereas, such cooperative effort serves and further the public purpose and benefit the citizens of
County as a whole.
Now therefore, County, on behalf of Dallas County Health and Human Services ("DCHHS"), enters
into this Agreement ("Agreement") with City/Town, pursuant to the authorities ofthe Texas Health
and Safety Code Chapter 121, the Texas Government Code Chapter 791, and other applicable laws
for health services to City/Town.
2. HEALTH SERVICES TO BE PERFORMED
A. County agrees to operate the Dallas County Health Services Program ("Program"), which
will include the following health services:
1) Tuberculosis Control Services: providing preventive, diagnostic treatment, and
epidemiological services;
1) Sexually Transmitted Disease Control Services: consisting of education to motivate
people to use preventive measures and to seek early treatment, prophylaxis,
epidemiological investigation, and counseling in accordance with County policy;
2) Communicable Disease Control Services: providing information. concerning
immunization and communicable diseases and coordinating with the Department of
State Health Services ("DSHS") in monitoring communicable diseases;
3) Laboratory Services: performing chemical, biological, and bacteriological analysis
1
and tests on which are based diagnosis of disease, effectiveness of treatment, the
quality of the environment, the safety of substance for human consumption, and the
control of communicable disease;
B. County agrees to provide to City/Town, in accordance with state and federal law, the
following public health services:
1) Immunizations;
1) Child health care;
2) High risk infant case management; and
3) Home visits.
County also agrees to work with City/Town in order to decentralize clinics and to plan and
provide for desired services by City/Town; however, any other services that City/Town re-
quires, in addition to the above mentioned services, may result in additional fees to
City/Town.
C. County agrees to charge a sliding fee based on ability to pay to all residents of every
municipality, including City/Town, in Dallas County. The fees charged by County for the
services listed in Section 2A of this Agreement will be used to offset the City/Town's
Program costs for the next Agreement Term. A schedule of fees to be charged by County is
set out in "Exhibit A" attached hereto and incorporated herein for all purposes.
D. County agrees that the level of service provided in the Program for City/Town will not be
diminished below the level of service provided to City/Town for the same services in the
prior Agreement Term except as indicated in Section 2E ofthis Agreement. For purposes of
Section 2E, level of service is measured by the number of patient visits and number of
specimens examined. County will submit to City/Town a monthly statement, which will also
include the number of patient visits and number of specimens examined during the preceding
month.
E. The possibility exists of reductions in state and federal funding to the Program that could
result in curtailment of services if not subsidized at the local level. County will notify
City/Town in writing of any amount of reduction, and any extent to which services will be
curtailed as a result. The notice will also include an amount that City/Town may elect to pay
to maintain the original level of services. City/Town will notify County in writing no later
than fourteen (14) calendar days after the date of City/Town's receipt ofthe notice offunding
reduction as to City/Town's decision to pay the requested amount or to accept the curtailment
of service. If City/Town elects to pay the requested amount, payment is due no later than
forty-five (45) calendar days after the date of the notice of funding reduction.
2
3. BUDGET
A. County agrees to submit to City/Town by July 31st of each year a proposed budget describing
the proposed level of services for the next Agreement Term;
B. For the Term ofthis Agreement County agrees to provide the services listed in Section 2 of
this Agreement at the level of services and for the amount stated in Exhibit D, which is
attached hereto and incorporated herein for all purposes;
C. City/Town shall pay to County for the Term ofthis Agreement the amount stated in Exhibit
D, Forty eight and 00/100 Dollars ($48.00), which is the agreed upon amount of City/Town 's
share of the total cost of the Program less federal and state funding.
D. In lieu ofpaying the actual dollar amount stated in this Agreement, City/Town has the option
of making a request to negotiate for in-kind services that are equal in value to the total
amount.
E. This Agreement is contingent upon City/Town's appropriation of funds, or ability to perform
in-kind services as described in Section 3D of this Agreement, for the services set forth
herein. In the event City/Town fails to appropriate such funds, or provide in-kind services,
County shall not incur any obligations under this Agreement.
4. ASSURANCES
A. County shall operate and supervise the Program,
B. Nothing in this Agreement shall be construed to restrict the authority of City/Town over its
health programs or environmental health programs or to limit the operations or services of
those programs.
C. City/Town agrees to provide to County or assist County in procuring adequate facilities to be
used for the services under this Agreement. These facilities must have adequate space,
waiting areas, heating, air conditioning, lighting, and telephones. None of the costs and
maintenance expenses associated with these facilities shall be the responsibility of County
and County shall not be liable to City/Town or any third party for the condition of the
facilities, including any premise defects.
D. City/Town and County agree that other cities/towns/municipalities may join the Program by
entering into an agreement with County that contains the same basic terms and conditions as
this Agreement.
E. Each party paying for the performance of governmental functions or services under this
Agreement must make those payments from current revenues available to the paying party.
3
5. FINANCING OF SERVICES
A. The health services provided under this Agreement will be financed as follows:
1) City/Town and County will make available to the Program all appropriate federal and
state funds, personnel, and equipment to provide the health services included under
this Agreement and will use best efforts to cause these funds and resources to
continue to increase.
1) City/Town shall pay to County, or provide in-kind services, its share of budgeted
costs that are in excess of the federal and state funding for providing the health
services under this Agreement. Budgeted costs shall not exceed those reflected in
Exhibit D for the appropriate Agreement Term,
B. County shall bill City/Town each month an amount equal to one-twelfth (1112) of its share of
annual budgeted costs that exceed federal and state funding for the expenses ofthe preceding
month.
C. Any payment not made within thirty (30) calendar days of its due date shall bear interest in
accordance with Chapter 2251 of the Texas Government Code.
D. City/Town and County agree that no more than ten percent (10%) ofthe City/Town's cost of
participating in the Program will be used for administration of the Program.
6. TERM
This Agreement shall be effective from October 1, 2005 through September 30, 2006 ("Term"),
unless otherwise stated in this Agreement.
7. TERMINATION
A. Without Cause: This Agreement may be terminated in writing, without cause, by either party
upon thirty (30) calendar days prior written notice to the other party,
B. With Cause: Either party may terminate the Agreement immediately, in whole or in part, at
its sole discretion, by written notice to the other party, for the following reasons:
1) Lack of, or reduction in, funding or resources;
2) Non-performance by City/Town of this Agreement;
3) The improper, misuse or inept use of funds or resources directly related to this
Agreement;
4) The submission of data, statements and/or reports that are incorrect, incomplete
4
and/or false in any way.
8. RESPONSIBILITY
County and City/Town agree that each shall be responsible for its own negligent acts or
omissions or other tortious conduct in the course of performance of this Agreement, without
waiving any governmental immunity available to County or City/Town or their respective
officials, officers, employees, or agents under Texas or other law and without waiving any
available defenses under Texas or other law. Nothing in this paragraph shall be construed to
create or grant any rights, contractual or otherwise, in or to any third persons or entities.
9. INSURANCE
City/Town and County agree that they will, at all times during the term ofthis Agreement, maintain
in full force and effect insurance or self-insurance to the extent permitted by applicable laws, and that
is maintained at appropriate levels of insurance commensurate with each party's obligations
hereunder and in accordance with sound accounting practices. City/Town and County will be
responsible for their respective costs of such insurance, any and all deductible amounts in any policy
and any denials of coverage made by their respective insurers.
10. ACCESS TO RECORDS RELEVANT TO PROGRAM
City/Town and County agree to provide to the other upon request, copies of the books and records
relating to the Program. City/Town and County further agree to give City/Town and County health
officials access to all Program activities. Both City/Town and County agree to adhere to all
applicable confidentiality provisions, including those relating to Human Immunodeficiency Virus
(RN) and Sexually Transmitted Disease (STD) information, as mandated by federal and State law,
as well as by the DSHS.
11. NOTICE
Any notice to be given under this Agreement shall be deemed to have been given if reduced to
writing and delivered in person by a reputable courier service or mailed by Registered Mail, postage
pre-paid, to the party who is to receive such notice, demand or request at the addresses set forth
below. Such notice, demand or request shall be deemed to have been given, ifby courier, at the time
of delivery, or ifby mail, three (3) business days subsequent to the deposit ofthe notice in the United
States mail in accordance herewith. The names and addresses ofthe parties' hereto to whom notice
is to be sent are as follows:
Zachary Thompson, Director
Dallas County Health & Human Services
2377 N. Stemmons Freeway, LB 12
Dallas, TX 75207-2710
NINA WILSON, CITY SECRETARY
City of University Park
3800 University Boulevard
Dallas, TX 75205
5
12. SOVEREIGN IMMUNITY
This Agreement is expressly made subject to County's and CityITown's Governmental
Immunity, including Title 5 ofthe Texas Civil Practices and Remedies Code, and all applicable
federal and state law. The parties expressly agree that no provision ofthis Agreement is in any
way intended to constitute a waiver of any immunities from suit or from liability that
City/Town or County has by operation of law. Nothing in this Agreement is intended to
benefit any third party beneficiary.
13. COMPLIANCE WITH LAWS AND VENUE
In providing services required by this Agreement, City/Town and County must observe and comply
with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or
materials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations.
Texas law shall govern this Agreement and exclusive venue shall lie in Dallas County, Texas.
14. AMENDMENTS AND CHANGES IN THE LAW
No modification, amendment, novation, renewal or other alteration ofthis Agreement shall be
effective unless mutually agreed upon in writing and executed by the parties hereto. Any alteration,
addition or deletion to the terms ofthis Agreement which are required by changes in federal or State
law are automatically incorporated herein without written amendment to this Agreement and shall be
effective on the date designated by said law.
15. ENTIRE AGREEMENT
This Agreement, including all Exhibits and attachments, constitutes the entire agreement between the
parties hereto and supersedes any other agreements concerning the subj ect matter ofthis transaction,
whether oral or written.
16. BINDING EFFECT
This Agreement and the respective rights and obligations of the parties hereto shall inure to the
benefit and be binding upon the successors and assigns of the parties hereto, as well as the parties
themselves.
17. GOVERNMENT FUNDED PROJECT
If Agreement is funded in part by either the State of Texas or the federal government, City/Town
agrees to timely comply without additional cost or expense to County, unless otherwise specified
herein, to any statute, rule, regulation, grant, contract provision or other State or federal law, rule,
regulation, or other similar restriction that imposes additional or greater requirements than stated
herein and that is directly applicable to the services rendered under the terms of this Agreement.
6
18. DEFAULT/CUMULATIVE RIGHTSIMITIGATION
In the event of a default by either party, it is not a waiver of default ifthe non-defaulting party fails to
immediately declare a default or delays in taking any action. The rights and remedies provided by
this Agreement are cumulative, and either party's use of any right or remedy will not preclude or
waive its right to use any other remedy. These rights and remedies are in addition to any other rights
the parties may have by law, statute, ordinance or otherwise, Both parties have a duty to mitigate
damages.
19. FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of County under this Agreement
are expressly contingent upon the availability of funding for each item and obligation contained
herein for the Term of the Agreement and any extensions thereto. City/Town shall have no right of
action against County in the event County is unable to fulfill its obligations under this Agreement as
a result of lack of sufficient funding for any item or obligation from any source utilized to fund this
Agreement or failure to budget or authorize funding for this Agreement during the current or future
Agreement Terms. In the event that County is unable to fulfill its obligations under this Agreement
as a result oflack of sufficient funding, or if funds become unavailable, County, at its sole discretion,
may provide funds from a separate source or may terminate this Agreement by written notice to
City/Town at the earliest possible time.
20. COUNTERPARTS, NUMBER/GENDER AND HEADINGS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument. Words of any gender used in
this Agreement shall be held and construed to include any other gender, Any words in the singular
shall include the plural and vice versa, unless the context clearly requires otherwise. Headings herein
are for the convenience of reference only and shall not be considered in any interpretation of this
Agreement.
21. PREVENTION OF FRAUD AND ABUSE
City/Town and County shall establish, maintain and utilize internal management procedures
sufficient to provide for the proper, effective management of all activities funded under this
Agreement. Any known or suspected incident of fraud or program abuse involving County or
City/Town's employees or agents shall be reported immediately for appropriate action. Moreover,
City/Town and County warrant to be not listed on a local, county, State or federal consolidated list of
debarred, suspended and ineligible contractors and grantees. City/Town and County agree that every
person who, as part oftheir employment, receives, disburses, handles or has access to funds collected
pursuant to this Agreement does not participate in accounting or operating functions that would
permit them to conceal accounting records and the misuse of said funds, City/Town shall, upon
notice by County, refund expenditures of City/Town that are contrary to this Agreement and deemed
inappropriate by County.
7
22. AGENCY / INDEPENDENT CONTRACTOR
County and City/Town agree that the terms and conditions ofthis Agreement do not constitute the
creation of a separate legal entity or the creation of legal responsibilities of either party other than
under the terms of this Agreement. County and City/Town are and shall be acting as independent
contractors under this Agreement; accordingly, nothing contained in this Agreement shall be
construed as establishing a master/servant, employer/employee, partnership, joint venture, or joint
enterprise relationship between County and City/Town. City/Town and County are responsible for
their own acts, forbearance, negligence and deeds, and for those oftheir respective officials, agents
or employees in conjunction with the performance of work covered under this Agreement.
23. SEVERABILITY
If any provision ofthis Agreement is construed to be illegal or invalid, this will not affect the legality
or validity of any ofthe other provisions in this Agreement. The illegal or invalid provision will be
deemed stricken and deleted, but all other provisions shall continue and be given effect as if the
illegal or invalid provisions had never been incorporated.
24. SIGNATORY WARRANTY
All signatories signing and executing this Agreement do hereby warrant and guarantee that he, she
or they have been duly authorized to execute this Agreement on behalf of City/Town or County and
to validly and legally bind City/Town or County to all terms, performances and provisions herein set
forth.
The Cit~ofUniversity Park has executed this Agreement pursuant to duly authorized
MINUTES
Cit~ Council xumuu: No. 2515 dated
AUGUST 2 , 20~. The County of Dallas has executed this
Agreement pursuant to Commissioners Court Order No. 2005 1111, on this 14th day of June, 2005.
Executed this
2ND
day of
AUGUST
2005
COUNTY: DALLAS
CIT~mx: UNIVERSITY PARK
By: Margaret Keliher
Dallas County Judge
By: JAMES H. HOLMES, I I I
Cit)llltiWl<<~~/Mayor
8
RECOMMENDED:
By: NINA WILSON
Cit~Secretary
By: Zachary Thompson
Director, DCHHS
APPROVED AS TO FORM*:
By:
Bob Schell
Chief, Civil Division
Assistant District Attorney
By:
ROBERT L. DILLARD, III
Cit~Attorney
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of
its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of
this document was conducted solely from the legal perspective of our client. Our approval of this document
was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek
review and approval by their own respective attorney(s).
9
SEXUALLY TRANSMITTED
Treatment
Blood Drawing
Cryosurgery (F)
Cryosurgery (M)
Chemical Lesion Reduction
Medical Records Copies
TUBERCULOSIS
Clinic Treatment
Chest X-Rays
LABORATORY
Wet Prep
Gram Stain
GC Culture
RPR
GEN Probe GC Screen
GEN Probe CT Screen
HIV Test
HIV Test - Rapid
Salmonella/Shigella
T8 Culture & Concentration
TB Identification
TB Susceptibility
TB Acid Fast Stain
NURSING SERVICE
Hepatitis A Havrix
Hepatitis B Vaccine
Twinrix
HDCV (1M) Rabies
HDCV (10) Rabies
Hepatitis C Screening
Japanese Encephalitis
Menegococcal Vaccine
Typhoid (Polysaccharide)
Typhoid (Oral)
Varivax
Yellow Fever Vaccine
Lyme Disease Vaccine
Boostrix Vaccine
Rabies Administrate Fee/
Serves State Vaccine
Foreign Travel Office Visit Fee
ENVIRONMENTAL HEALTH
Septic Tank Inspection
Septic Tank Re-inspection
Food Establishment Inspection
Half-Way Houses & Boarding
Homes, Residential
Mosquito Spraying for Non-
contracting cities
Water Sample
Mosquito Testing
Food Mgr. Cert. Program
FY'2006 FEE SCHEDULE
EXHIBIT A
$20 - $45 (Sliding Scale)
$5
$60
$50
$45
$5 each
Sliding Fee Scale -Minimum $40
$50
$6 each
$6 each
$14 each
$11 each
$23 each
$23 each
$15 each
$20 each
$16 each
$25 each
$15 each
$31 each'
$ 8 each
$45/lnjection
$150/Series
$60/lnjection
$480/Series
$270/Series
$35ffest
$290/Series
$85/1 njection
$60llnjection
$45/lnjection
$80/lnjection
$85/lnjection
$240/Series
$40llnjection
$25
$25
*$260/CommerciaI/Business
*$210/Residential
$25/Residential
$75/Commercial
$150/yr.testablishment
$75/plus $25 for each
additional unit on site
$185/ per hour
$35
$35
$85/per person
$10 of the charge is for State fee
CRIMINAL TESTING
Blood Draws
Buccal Swabs
Skin Test
Chest X-Ray Copies
Pregnancy Test
Urinalysis
Dark Field
Chancroid Culture
Herpes Culture
Herpes Type 1 Serology
Herpes Type 2 Serology
Group A Strep
Urine Screen:
Neisseria Gonorrhoeae
Chlamydia Trachomatis
Lead Screen
/mmunizationNFC Program:
DPT,DT,Hib,
Diabetic Testing
Pneumococcal
Influenza Vaccine
MMR
TO
IPV
EPSDT
Well Baby
Records:
Immunization Record
Foreign Travel Yellow Card
Day Care Center Inspections
Temporary Food Permit
Funeral Home Inspection
FHA, VA, Conventional Loans
Annual Group Home Inspection
Food Handler Class
Sub-division Plat Approval
Animal Control/Quarantine
Animal ControlNicious Animal
$38
$38
$20
$5
$15 each
$15 each
$16 each
$10 each
$38 each
$35 each
$35 each
$14 each
$47 each
$47 each
$10 each
$5/Per child
$5ff est
$30/lnjection
$20llnjection
$50/lnjection
$25/1njection
$40/lnjection
$40/Screen
$5Nisit
$5 each
$3 each
$2/per authorized child
$50/plus $5 per day
$150
$100/Licensed
$125/Unlicensed
$50
$1 O/per person
$200/Residential
$150/Commercial
$7/per day
$12/per day
Revised OS/25/05
EXHIBIT B
January, 2004 thru December, 2004
Municipality Tuberculosis
Sexually
Transmitted
Diseases
Laboratory
Communicable
Disease
Addison 200 72 346 106
Balch Springs 264 94 224 299
Carrollton 912 243 1458 762
Cedar Hill 146 180 243 241
Cockrell Hill 256 0 0 170
Coppell 221 26 59 257
Dallas 38040 12052 57229 20284
Desoto 270 231 280 450
Duncanville 510 166 474 253
Farmers Branch 366 70 210 205
Garland 2743 706 5352 1631
Glenn Heights 60 37 6 51
. Grand Prairie 1239 388 3357 1216
Highland Park 0 0 0 54
Hutchins 47 21 116 42
Irving 4382 906 5063 2149
Lancaster 166 268 793 259
Mesquite 838 450 3448 1145
Richardson 874 158 902 936
Rowlett 138 67 112 447
Sachse 9 9 8 33
Seagoville 52 43 126 155
Sunnyvale 2 0 0 25
University Park 1 0 1 27
Wilmer 17 21 2087 39
Out of County 566 1267 3753 6349
Total 52319 17475 85647 37585
March 16, 2005
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EXHIBIT 0
FY'05 CONTRACT COSTS
MUNICIPALITIES
CONTRACT COST
ADDISON $5,751
BALCH SPRINGS $9,377
CARROLL TON $23,823
CEDAR HILL $2,498
COCKRELL HILL $2,301
COPPELL $3,131
* DALLAS $1,754,252
* DESOTO $17,620
* DUNCANVILLE $11,273
FARMERS BRANCH $14,853
* GARLAND $80,156
.. GLENN HEIGHTS $574
GRAND PRAIRIE $38,854
HIGHLAND PARK $132
HUTCHINS $3,149
IRVING $81,906
LANCASTER $12,106
* MESQUITE $31,608
* RICHARDSON $23,756
ROWLETT $4,925
SACHSE $362
* SEAGOVILLE . $6,440
SUNNYVALE $99
UNIVERSITY PARK $48
* WILMER $2,597
* UNINCORPORATED $77,142
TOTAL $2,208,733
'*NON-CONTRACTING CITIES
MINUTES
#2514
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, JULY 19, 2005, 5:00P.M.
Mayor Pro Tempore Jim Roberts opened the meeting of the City Council. Present were
Councilmembers Syd Carter, Kelly Walker and Harry Shawver. Mayor Holmes was absent and
excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and
City Secretary Nina Wilson.
AWARDS & RECOGNITION
DEPARTMENT PIN: Utility Department Employee Antonio Reyes was unable to attend to
receive his 30-year pin.
ITEMS FROM THE FLOOR
PUBLIC COMMENTS REGARDING WATER QUALITY: There were no comments.
Councilmember Walker moved acceptance of the Consent Agenda. Councilmember Shawver
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER BID #05-16, ANNUAL CONTRACT FOR PRINTING: Logan Graphics, Inc. was
the low overall bidder at $18,533.38 on the 103 items listed in the bid (stationery, envelopes,
business cards, newsletters, and other printed forms). They are located at 434 W. Mockingbird
Lane, which is convenient to our facilities. They also have printing contracts with the cities of
Arlington and Grand Prairie, and Grand Prairie Independent School District. Each of the
agencies was contacted, and each gave Logan Graphics good marks for quality, turnaround time,
and delivery.
CONSIDER BID #05-15, ANNUAL CONTRACT FOR FUELS: The City buys fuel based on a
mark-up or mark-down from the daily average wholesale fuel prices for the Dallas/Ft. Worth
area as published by the Oil Price Information Service (OPIS). Petroleum Traders, Inc.
submitted the low qualified bid with an OPIS mark-up of $0.0132 for unleaded, $0.0152 for
diesel #2, and $0.0152 for diesel #1. The City will purchase approximately $235,209 in fuel
through this contract.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For July 5, 2005.
MAIN AGENDA
CONSIDER ORDINANCE ABANDONING CERTAIN EXCESS STREET RIGHT-OF-WAY
ADJACENT TO 4400 POTOMAC: Mr. Scott Smith, property owner of 4400 Potomac, was
present for his request to the City to abandon a strip of excess street right-of-way along his
Armstrong frontage. The Fair Market Value of the 1,047 square feet strip of land was calculated
at $40 per square feet or $41,880. Councilmember Shawver moved approval of the ordinance.
Councilmember Walker seconded, and the vote was unanimous to approve the abandonment to
Mr. Smith.
ORDINANCE NO. OS/25
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A
PORTION OF THE RIGHT-OF-WAY OF ARMSTRONG PARKWAY AS MORE
P ARTICULARL Y DESCRIBED IN EXHIBIT "A", TO THE ABUTTING OWNERS, ROBERT
SCOTT SMITH AND TAMARA SUZANNE SMITH, IN CONSIDERATION OF THE
PAYMENT OF $41,880.00 TO THE CITY; PROVIDING FOR THE FURNISHING OF A
CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY
RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
CONSIDER ORDINANCE DENYING ATMOS ENERGY CORPORATION REQUEST FOR
GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE: In
December 2004, Atmos Energy Corporation, formerly TXU Gas, filed a request with the City to
implement an annual GRIP rate increase. The City has initial jurisdiction over such matters and,
on January 19, 2005, the University Park City Council suspended the effective date of Atmos'
proposed rate increase. The City also joined a coalition of cities (known as the Atmos Cities
Steering Committee or ACSC) opposing the Company's filing at the Railroad Commission
("Commission") in any appeal of the cities' actions to the Commission. Upon review of the
Atmos filing, the ACSC legal counsel and consultants found that the Company's proposal is
unjustified, unreasonable, and not in compliance with the GRIP statute (Texas Utilities Code
S 104.301), either in fact or in law. Coalition cities are now asking their governing bodies to
approve ordinances denying the GRIP increase. Atmos will then appeal these ordinances to the
Railroad Commission. In consideration of the City taking action before August 12, 2005 on the
current GRIP request, Atmos has agreed not to file any additional GRIP requests (e.g., for 2004)
before September 15, 2005. Councilmember Carter moved approval of the ordinance.
Councilmember Walker seconded, and the vote was unanimous to approve the denial of Atmos
Energy Corporation's request for a GRIP rate increase.
ORDINANCE NO. OS/26
AN ORDINANCE OF THE CITY OF CITY OF UNIVERSITY PARK, TEXAS, DENYING
THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL
GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS
MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY
DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN
THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART
OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO
HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE
COMP ANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING
INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE
RAILROAD COMMISSION; APPROVING COSTS INCURRED AS REASONABLE AND
PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS; FINDING
THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS
ORDINANCE TO ATMOS ENERGY CORP., MID-TEXDIVISION.
CONSIDER APPROV AL OF FINAL DESIGN AND COST ESTIMATE OF PARK
INFORMATION SIGNS: On June 21,2005, the city council had approved the design of the new
park information signs. Sixteen cast iron sign frames would cost $1,660 each for a total of
$26,560. Sixteen IIz" aluminum sign frames would cost $538.31 each for a total of$ 8,613. The
aluminum signs have a five-year warranty and will have cast iron poles that will be set 15-20" in
the ground. Signs should be ready by the end of the summer. Councilmember Shawver moved
approval of the aluminum signs. Councilmember Carter seconded, and the vote was unanimous
to approve the design and cost of aluminum park information signs.
CONSIDER HILLCREST AT LOVERS LANE PARK P ARKW A Y AND MEDIAN DESIGN:
On June 6, 2005, the city council approved a contract for design services with the Landscape
Architecture Firm of Dunkin, Sims and Stoffels. The design services included the parkway and
medians north of Lovers Lane at Snider Plaza, as well as, park properties at Hillcrest and Lovers
Lane. The estimated cost would be $15,000-$20,000 based on plant size and availability.
Councilmember Walker moved approval of the design, cost and landscape plan for the parkway
and medians north of Lovers Lane at Snider Plaza and park properties at Hillcrest and Lovers
Lane. Councilmember Carter seconded, and the vote was unanimous to approve the park
parkway and median design.
CONSIDER SNIDER PLAZA SEASONAL TITLE BANNERS: It was suggested that the title
banner be changed each season to avoid potential visual repetition. Park Director Gerry Bradley
showed selections of banners for the fall and holidays. The dark green fall banner was selected,
which was identified as "B". The dark green holiday banner was also selected, with the
suggestion that the words "Snider Plaza" be in a brighter red. This banner was also identified as
"B". Councilmember Walker moved approval of the seasonal title banners. Councilmember
Shawver seconded, and the vote was unanimous to approve the "B" banners in both cases.
There being no further business, the meeting was adjourned.
PASSED AND APPROVED this 2nd day of August 2005.
James H. Holmes III, Mayor
ATTEST:
Nina Wilson, City Secretary
(9
AGENDA MEMO
(08/02/2005 AGENDA)
DATE:
July 28, 2005
TO:
Honorable Mayor and City Council
FROM:
Kent Austin, Director of Finance
SUBJECT: Change in City Council meeting date from August 16 to August 23,2005
Background/Analysis
Adoption of the property tax rate with the annual budget includes a series of required public
notices and hearings. State Truth in Taxation law (Chapter 26 of the State Property Tax
Code) requires that a public hearing be held at least seven days after public notice of a
proposed effective tax increase greater than three percent. If the City Council receives the
proposed FY2006 budget August 2 and votes to hold a hearing, this notice would appear in
the August 11 edition of the Park Cities News, the City's official newspaper. The hearing
may then be held no sooner than August 18. By moving the August 16 City Council meeting
to August 23, the City can satisfy the hearing requirement and hold the meeting on a Tuesday,
consistent with other Council meetings.
As of this memo's writing, the City has not received the effective tax rate calculation from the
Dallas County Tax Office, so the precise amount of an effective tax increase for the FY2006
tax rate is not yet known. The City's practice, however, has been to conduct a public hearing
even if the proposed increase is below three percent. This presents taxpayers an opportunity
to comment or question the proposed rate.
Recommendation
Staff recommends rescheduling the mid-month City Council meeting date from August 16 to
August 23,2005.
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
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19
AGENDA MEMO
(08/02/05 AGENDA)
DATE: July 13, 2005
TO: Honorable Mayor and Members of the City Council
FROM: Bob Livingston
SUBJECT: Charter Election/Interim Resolution Regarding Use of City
Parks and Appointment of Charter Review Committee
Members
The City Council has discussed calling a City Charter election to consider two issues that
would require a vote by University Park residents before a park could be used for non-
park City purposes. Specifically, the wording agreed upon for these issues is as follows:
Ballot Issue No.1: The City Council shall submit to popular vote any ordinance or
resolution approved by the City Council which, if implemented, would have the effect of
permanently changing the surface use of more than 5,000 square feet of (i) any green
belt, field, wood, creek, pond, lagoon, or other water course that is one acre or larger in
area, that is owned by the city, and that is being used as a park, or (ii) Elena's
Children's Park.
Ballot Issue No.2. If the area of any land owned by the city and being used as a park or
of any city-owned green space located within or adjacent to any public street will be
permanently reduced by a proposed, city-initiated public works project, the city shall give
written notice of the proposed project (i) to the record owner of each lot any portion of
which is located within 500 feet of the area where the reduction will occur (ii) prior to or
concurrently with the advertisement by the city soliciting public bids for the proposed
project.
City officials also agreed during discussions with representatives of various neighbors that
the Council would agree to abide by the conditions of the proposed ballot issues until such
time as an election was held on these issues. The proposed resolution will state the intent
of the City Council to follow these conditions.
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
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The City Attorney suggested that if a Charter election is called, then he should be directed
to review the document in its entirety to see if there might be other suggested changes.
To accomplish this, the Council should appoint a Charter Review Committee, with the
Mayor and Councilmembers making one appointment each. The following members have
been proposed:
Nominator Committee Nominee
Mayor Holmes Dick Davis, Chair
Councilmember Carter Dr. Mark Wasserman
Councilmember Roberts Walt Human
Councilmember Shawver Gage Prichard
Councilmember Walker Barbara Hitzelberger
The Council should provide direction to the Committee regarding a deadline for reporting
recommended changes back to the Council so that a charter election may be called in a
timely manner.
RECOMMENDA TION:
. Approve the Resolution outlining the Council's intent to abide by the proposed ballot
questions until such time as an election can be held.
. Appoint the members of the Charter Review Committee.
ATTACHMENTS:
Resolution
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS STATING ITS INTENT TO ABIDE
BY THE FOLLOWING CONDTIONS UNTIL SUCH TIME AS AN
ELECTION CAN BE HELD UPON THOSE CONDITIONS
WHEREAS, During the past several months specific conditions regarding park usage by
the City have been discussed and agreed upon by the City and individuals representing
certain residents, and,
WHEREAS, The City Council has previously indicated a willingness to abide by the
proposed conditions until such time that a Charter Election can be held to consider
including these conditions as part of the City Charter, and,
WHEREAS, The conditions are as follows:
Ballot Issue NO.1: The City Council shall submit to popular vote any
ordinance or resolution approved by the City Council which, if implemented,
would have the effect of permanently changing the surface use of more than
5,000 square feet of (i) any green belt, field, wood, creek, pond, lagoon, or
other water course that is one acre or larger in area, that is owned by the city,
and that is being used as a park, or (ii) Elena's Children's Park.
Ballot Issue NO.2. If the area of any land owned by the city and being used as
a park or of any city-owned green space located within or adjacent to any public
street will be permanently reduced by a proposed, city-initiated public works
project, the city shall give written notice of the proposed project (i) to the record
owner of each lot any portion of which is located within 500 feet of the area
where the reduction will occur (ii) prior to or concurrently with the
advertisement by the city soliciting public bids for the proposed project.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
The City Council expresses the intent to abide by these conditions until such time as a
Charter election can be held and the issue decided by the resident of the City.
PASSED AND APPROVE this the 2 day of August, 2005
MAYOR
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CITY SECRETARY
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7/28/2005
19
AGENDA MEMO
(9/02/05 AGENDA)
DATE:
July 28, 2005
TO:
Nina Wilson
City Secretary
FROM:
Bob Whaling, P.E.
City Engineer
SUBJECT:
Consider Change Order No.1, in the amount of $9,257.00, to the
contract with Jeske Construction Company for the Turtle Creek Box
Culvert for City Hall Expansion, Project No. 43710
Consent AQenda
Background. At the June 7, 2005 meeting, City Council approved a contract in the
amount of $3,251,867.90 with Jeske Construction Company for the Turtle Creek Box
Culvert for City Hall Expansion project. City Council requested staff to develop a
contractor employees background check and identification badge policy for this
project because of recent heightened security and safety issues associated with
municipal projects. The proposed policy has been designed to assist the Contractor
in the provision of a safe work site for Contractor/Subcontractors' employees,
University Park employees, and the surrounding community. I have attached the
policy and the contractors' cost to implement the policy for your review.
Recommendation: Staff recommends City Council approval of Change Order NO.1
in the amount of $9,257.00.
This Policy has been designed to assist the Contractor in lhe provision of a safe work
site for Contractor/Subcontractors' employees, University Park employees, and the
surrounding community.
The words, expressions. or pronouns below used in their place, shall wherever they
appear be construed as follows:
Criminal Background Check: Background investigations the
Contractor/Subcontractor completes on personnel working on the project which reports
the criminal history of the employee, if any. All background checks shall comply with
the Fair Credit Reporting Act.
Scope of Work: All the work referred to in the contract documents. including alf
variations specified and all minor terms of work needed to complete the work properly.
Subcontractor: The person, partnership or corporation bound by the Contractor to
execute work under the contract.
Worksite: A place where employees work or are likely to be in the course of their
work.
Work: Unless otherwise stipulated, the Contractor shall provide and pay for all
materials, supplies. machinery, equipment, tools. superintendence, labor, insurance,
and all water, light, power. fuel. transportation and other facilities necessary for the
execution and completion of the work covered by the Contract Documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials
shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words
which so applied have a well-known technical or trade meaning shall be held to refer to
such recognized standards.
Personally Identifiable Information: Information that identifies or describes an
individual, including but not limited to name, address. telephone number. family
members, Social Security Number, credit card number(s), and personal characteristics
that would make the individual's Identity easily discoverable.
Suitability For WOrking On The Project: Employee meeting or exceeding the criteria
established by University Park.
Proof of Legal Residency: The Contractor shall present proof of legal residency to
the Engineer, simultaneously with the completed employee background investigations.
Acceptable proof of legal residency is:
United States passport
Certificate of United States citizenship
1
Certificate of naturalization
Alien registration receipt card with photograph
Unexpired foreign passport with stamp
Unexpired temporary resident card
Unexpired re-entry permit
Unexpired refugee travel document
Certificate of birth abroad
Report of birth abroad or original or certified copy of a birth certificate issued by a state,
county, municipal authority or outlying possession of the United States which bears an
official seal.
City: The City of University Park, Texas, a municipal corporation, acting by and
through (a) its governing body, (b) its Mayor or (c) its City Manager, each of whom is
required by Charter to perform specific duties. Responsibility for final enforcement of
contracts involving the City of University Park is by Charter vested in the City Manager.
City Engineer: The City Engineer of the City of University Park, Texas or his duly
authorized assistants or agents.
City Manager: The University Park representative with delegate authority to enter into
and legally bind, administer and terminate contractual instruments on behalf of the
University Park.
Contractor: The person, persons. partnership, company I firm, association or
corporation entering into contract for the execution of the work, acting directly or through
a duly authorized representative.
Engineer: The word "Engineer" shall be understood as referring to the City Engineer
or such other Engineer, or Inspector, as may be authorized by said City to act in any
particular situation.
Convictions Relevant to Suitability: Criminal convictions for violent aimes against
persons, crimes against children, Federal drug and gun laws.
Project: The TurUe Creek Box Culvert for City Hall. Project 43710.
Intermittent Contractors: Contractor/Subcontractor personnel who access the project
on an infrequent and generally unscheduled basis.
Employees: _ Contractor/Subcontractor personnel engaged and selected by the
Contractor to conduct work during the project
Character Of Workforce: The Contractor agrees to employ only orderly and
competent employees, skillful in the performance of the type of work required under this
contract. If the Engineer has an objection to any of Contractor's employees, he or she
must submit those objections in writing to the Contractor. The Contractor shall confer
2
with the Engineer and the Contractor is obligated to reach a mutually agreeable
resolution to the dispute, which may include the employee to be removed from the
project.
Conviction Record: Information indicating that a person has been convicted of
any felony, misdemeanor or other offense, has been judged delinquent, has been
less than honorably discharged, or has been placed on probation, fined, imprisoned
or pardoned by any law enforcement or military authority.
Arrest Record: Information that a person has been questioned. apprehended.
taken into custody or detention. held for investigation. arrested, charged with,
indicted or tried for any felony, misdemeanor or other offense by any law
enforcement or military authority.
Applicability: The policy is intended to supplement the General Conditions of
Agreement. To the extent any of the terms contained herein conflict with terms
contained in the General Conditions of Agreement. the terms in the General
Conditions of Agreement shall take precedence.
CONTRACTOR RESPONSIBILmES
The responsibilities of Contractor at the worksite relate to matters over which. and the
extent to which. the Contractor has control or can reasonably be expected to have
control and all matters relevant to the canying out the Work,
The ContractorlSubcontradors have a responsibility to ensure that new employees
engaged by them are familiar with the University's procedures outlined in this policy.
The Contractor will retain companies to perform the background checks which
specialize in obtaining criminal histories for public entities. The Contractor is
responsible for the costs associated with obtaining the background checks and will
ensure that the company(ies) comply with all legal obligations, including the Fair
Credit Reporting Act.
The background check should include, at a minimum:
. Social Security verification
. County Criminal Records
. Municipal Records
. Statewide criminal record check for all felony convictions within Texas
. Federal Criminal Records
. Texas Sex and Violent Offender registry
The Contractor is not required to obtain background investigation reports for intermittent
contractor's personnel, including but not limited to FedEx, UPS, Roadway, or other
materials delivery or trucking firm(s).
3
The Contractor/Subcontractor shall certify that criminal background investigations have
been performed on all employees selected to work on the project and they have
complied with all requirements of Fair Credit Reporting Act (FCRA). The Contractor will
notify all employees of the results of their criminal background check. Falsifying
information submitted on background investigation form may be cause an employee to
be considered not suitable for working on the project
Only criminal convictions will be considered in determining an individual's suitability for
working on the project. Detention and/or arrest record without conviction will not
preclude the employee from working on the project. If the background check reveals no
criminal convictions relevant to the position. the Contractor will inform University Park
that the employee has been cleared to work on the project. If the check reveals a
criminal conviction. the Contractor will forward the information to the Criminal
Background Check Review Committee. who will make final determinations regarding
the employees' suitability for working on the project. Additionally. if an individual has a
criminal case pending, his or her suitability for working on the project may be reviewed
upon disposition of the case.
A Criminal Background Check Review Committee consisting of the Director of Human
Resources. Chief of Police. Director of Public Works. and the City Engineer will be
notified of all criminal background checks in which convictions are found. The
Committee will review these reports and make final determinations regarding
individual's suitability for working on the project.
In determining an indivldual's suitability for working on the project where the individual
under consideration has convictions, the Committee will consider the specific duties of
the position, the number of convictions, nature and severity of each; the time that has
expired since the conviction/or completion of the sentenced; and whether the offenses
were disdosed on the application.
The Criminal Background Check Review Committee shall determine whether such
convictions disqualify individuals from working on the project andfor make
recommendations to the Contractor for additional controls before the Contractor can
utilize an individual with a conviction on the project.
If upon completion and review of the background investigations, the City makes an
unfavorable suitability detennlnation with respect to any individual, the Contractor will be
so notified of the non-acceptance of the individual for work under the contract.
Suitability determination decisions of the City are final and not subject to appeal.
The privacy of the information obtained by the Contractor through the background
check will be respected and not distributed or posted in public forums except as may
be required by law. Information may be shared with the members of the University
Park City Administration or City Council. City Attorney. and outside legal counsel as
the need arises.
4
If the Contractor fails to comply with the provisions as stated above, it is agreed that, the
City. at its option, may do either or both of the following:
1. Cancel. terminate, or suspend the Contract in whole. or in part;
2. Declare the Contractor ineligible for further contracts until he is determined
to be in compliance.
ACCESS TO WORKSITE
All Contractor/Subcontractor employees that have been cleared to work on the project
shall obtain contractor photo identification badges. Photo identification badges include
a color photograph of the individual, his or her full name, and company to indicate
where that individual has a primary affiliation.
Photo identification badges shall be mandatory for all Contractor employees who
require access for the project on a recurring basis. The contractor shall require each
employee. or subcontractor employee. engaged in performance of this contract to
obtain identification badges. During performance of this contract and while on City
property, the badges shall be worn by Contractor employees and prominently displayed
at all times. It is agreed and understood that all contractor identification badges remain
the property of Contractor and University Park reserves the right to invalidate such
badges at any time.
The Contractor is responsible for badge accountability, including those issued to
subcontractors. Upon expiration of the contract, aU employftes' badges shall be returned
to University Park within 10 working days.
The Contractor shall submit a complete list of all persons requiring access to the
project. The City reserves the right to deny a photo identification badge to any
Contractor personnel for reasonable cause. including failure of a criminal background
check. University Park will notify the Contractor of any such denial no more than twenty
(20) days after receipt of the Contractor's submittal.
Where denial of access of a particular person may cause the Contractor to be unable to
perfonn any portion of the work of the contract, the Contractor shall- so notify the
Engineer. in writing, within twenty (20) days of the receipt of notification of denial.
Contractor's personnel who fail to produce or wear the photo identification badges will
not be allowed on the project, without regard to Contractor's schedule. Lost photo
identification badges shall be reported to Contractor or On-Site Supervisor and the
Engineer.
Workers who are discovered without a photo identification badge will be stopped,
identified and immediately reported to the Contractor or On-Site Supervisor for
corrective action as provided in below:
(1) If the individual states that he/she has forgotten their photo identification
s
badge. the Contractor or On-Site Supervisor will ask to see photo
identification. The Contractor or On-Site Supervisor will check the name
against the current employee and. if the identification is verified, the
Contractor or On-Site Supervisor will issue the individual a "Visitor"
identification badge
(2) If the individual reports that his/her photo identification badge has been
lost, the individual will be instructed to obtain a replacement badge
immediately.
(3) Individuals who advise the Contractor or On-Site Supervisor that the
individual Inadvertently left the photo identification badge in hislher vehicle
will be instructed to return to the vehicle and retrieve the badge before the
individual will be allowed to enter the project. If the individual is unable to
retrieve the badge. the procedure set forth above will be followed.
(4) Individuals who are issued a temporary "Visitor" badge will be required to
return the badge to the Contractor or On-Site Supervisor at the end of the
workday.
The Contractor or On-Site Supervisor will request that the individual sign the visitors
register, issue the individual a "Visitor" identification badge. and direct the individual to
the correct location with instructions to return the badge upon hisJher departure.
When a visitor arrives at the project. he/she will be received by the Contractor or On-
Site Supervisor who will offer assistance. The intermittent contractors will sign-in and
receive a visitor pass or be escorted by Contractors employees. Upon completion the
intermittent contractors personnel that received a visitor pass must sign out, and leave
the visitor pass with the Contractor or On-Site Supervisor.
6
Jul-19-05 09:l4A Jeske Construction Co.
214 620-9852
P.Ol
,.
July] 9, 2005
Jeske Construction Co.
Mr. Bob Whaling, P.E.
City of University Park
3800 University Blvd.
University Park, TX 75205
Re: Turtle Creek Box Culvert - Change Order No. 1
Dear Mr. Whaling:
We propose to meet the City's new requirement for criminal background checks for a
lump sum of $9,257.00 or $1 ] ] .53 per employee, based on the following.
Jeske Construction 35
Holbrook Co. 10
Keystone Masonry 10
Olden, Inc. 8
M-Co 6
Steel Tiers 10
Piers 4
83 employees
83 X $48.00(actual tee) $3,984.00
83 X 3 Y2 Hrs. @ 12.00/Hr. $3,486.00
3486.00 X .2239 (Ins & Tax) $780.00
($8.50 to $15.00/hr)
$8,250.00
10% (Profit & Overhead) $825.00
$9,075.00
2% Bond $] 82.00
$9,257.00/83 = $111.53/employee
Please give me a call and let me know if this is acceptable.
Exhibit 1
P.O. Box 59025 . Dallas, Texas 75229 . 972/620-2248 . Fax 972/620-9852
.._,..._~-"--~'-~-----,.._~."-----......__._---_.,_..
SENT VIA FACSIMILE
972.620.9852
CHANGE ORDER
TO: Robert Livingston, City Manager
FROM: Bob Whaling, City Engineer
DATE: July 21 , 2005
SUBJECT: Turtle Creek Box Culvert for City Hall Expansion, Project 43710
CHANGE ORDER NO.
1
(Criminal background checks and employee
identification badges for employees per University Park
Policy dated July 8, 2005)
You are directed to make the following changes in this contract as shown in Exhibit 1 dated
July 19, 2005.
The original contract sum
The amount of previously authorized change orders
The contract sum will be increased by
The net contract sum including this change order
The contract time will not be increased
The total cumuiative value of the contract in
percent of original contract
$ 3,242,610.90
$ 0.00
$ 9,257.00
$ 3,251,867.90
+100.29 %
AUTHORIZED:
City of Universitv Park
Director of Public Works
Jeske Construction ComDanv Citv of Universitv Park
Contractor City Manager
BY:~~~ BY:
DATE: 07 /Z I lor;; DATE:
{ (
BY:
DATE:
19
AGENDA MEMO
(08/02/05 AGENDA)
DATE:
July 13, 2005
TO:
Honorable Mayor and Members of the City Council
FROM:
Bob Livingston
SUBJECT: Appointment of Committee to Name Various Parks and
Other City Facilities
Previously the Council discussed the possibility of appointing a committee to name several
parks and other facilities which, to date have been unnamed. Council direction was to
develop a list of possible naming opportunities and return the item to Council for possible
appointment of the committee.
Facilities which are unnamed include:
1. The linear park along Central Expressway from south of Lovers Lane to
University Blvd.
2. The linear park along Central Expressway from south of University Blvd. to
SMU Blvd.
3. The street running along the Central Expressway wall from Westminster south.
4. The street running along the Central Expressway wall from Fondren south.
5. The park on the northeast corner of Lovers Lane and Hillcrest.
6. The park on the northwest corner of Lovers Lane and Hillcrest.
7. The new fountain to be constructed east of the Goar Park Gazebo as part of
the park improvements.
At this point the City has received several suggestions regarding possible names for some
of the parks, streets and fountain. If Council decides to appoint a committee to make
name suggestions, staff will forward this list to that committee.
RECOMMENDA TION:
Appoint a committee of approximately 5 members and request they report suggestions to
the Council by a specific date.
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \PARKNAMES071305 (6).doc
2:56 PM 07/281
ATTACHMENTS:
None
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \PARKNAMES071305 (6).doc
2:56 PM 07/281
19
AGENDA MEMO
(08/02/2005 AGENDA)
DATE:
July 12,2005
TO:
Mayor and City Council
FROM:
Gary W. Adams, Chief of Police
SUBJECT:
False Alarm Fees
Item:
Senate Bill 568 was passed by the 79th Texas Legislature and provides for an increase in the fines a
city may impose for false alarms. The new legislation, which will go into effect September 1,
2005, allows a city to continue to fine the permit holder of an alarm fifty dollars for three but fewer
then six false alarms in a calendar year. In addition, the new legislation permits a city to fine the
permit holder seventy-five dollars for more then five but fewer then eight, but less then false
alarms in a calendar year, and to fine a permit holder one-hundred dollars eight or more false
alarms in a calendar year.
In addition, a city may revoke, or refuse to reissue an alarm permit, for an alarm system that has
had eight or more false alarms in a calendar year.
Recommendation:
Staff recommends that the city amend its current ordinance to allow for the increase in fines
collected for false alarms, and to amend the City's fee schedule in order to comply with said
amended ordinance.
Attachments:
. Proposed ordinance as drafted by the city attorney.
. A copy of Senate Bill 568 as it was enacted by the Texas Legislature and signed by the
Governor.
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \AGENDA MEMO-False Alarms Fine
Increases.doc 2:26 PM 07/12/05
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF
UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING
CHAPTER 4, SECTION 4.504 (a) (4) PROVIDING PENALTIES FOR FALSE
BURGLARY ALARMS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
SECTION 1. That Chapter 4, Section 4.504 (a) (4), of the Code of
Ordinances, City of University Park, Texas, is hereby amended to read as follows:
"Section 4.504 Penalties for False Alarm Notification
(a) ...
(4) The penalty for the signaling of a false alarm by a burglary alarm system
may not be imposed unless at least three other false alarms have occurred
during the preceding twelve-month period. The penalty for a false alarm shall
be established as part of the City's Master Fee Resolution."
SECTION 2. That all ordinances of the City of University Park in conflict
with the provisions of this ordinance or the Code of Ordinances, as amended hereby,
be, and the same are hereby, repealed and all other provisions of the ordinances of the
City of University Park not in conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 3. That should any sentence, paragraph, subdivision, clause,
phrase or section of this ordinance or the Code of Ordinances, as amended hereby, be
adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the
75742
validity of this ordinance or the Code of Ordinances as a whole, or any part or
provision thereof, other than the part decided to be invalid, illegal or unconstitutional.
SECTION 4. That any person, firm or corporation violating any of the
provisions of the Code of Ordinances as amended hereby shall be subject to the penalty
set out in the City's Master Fee Resolution.
SECTION 5. This ordinance shall take effect immediately from and after its
passage and the publication of the caption, as the law and Charter in such cases
provide.
DULY PASSED by the City Council of the City of University Park, Texas, on
the 2nd day of August 2005.
APPROVED:
JAMES H. HOLMES ill, MAYOR
ATTEST:
NINA WILSON, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
(RLD/7 /12/05)
75742
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF
UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING
CHAPTER 4, SECTION 4.504 (a) (4) PROVIDING PENALTIES FOR FALSE
BURGLARY ALARMS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
DULY PASSED by the City Council of the City of University Park, Texas, on
the 2nd day of August 2005.
APPROVED:
JAMES H. HOLMES ill, MAYOR
ATTEST:
NINA WILSON, CITY SECRETARY
75742
AN ACT
relating to private security and personal emergency response system providers; providing
penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 214.194, Local Government Code, is amended to read as follows: Sec.
214.194. [FEE FOR] MUNICIPAL PERMIT FEE GENERALLY. W Ifa municipality adopts an
ordinance that requires a person to pay an annual fee to obtain a permit from the municipality
before the person may use an alarm system in the municipality, the fee shall be used for the
general administration of this subchapter. including the provision of responses generally required
to implement this subchapter other than specific responses to false alarms. (b) A municipal
permit fee imposed under this section may not exceed the rate of $50 a year for a residential
location. SECTION 2. The heading to Section 214.195, Local Government Code, is amended to
read as follows: Sec. 214.195. NONRENEWAL OR REVOCATION OF PERMIT AND
TERMINATION OF MUNICIPAL RESPONSE: [MID] DISCRIMINATION PROHIBITED.
SECTION 3. Subsections (a) and (d), Section 214.195, Local Government Code, are amended to
read as follows: (a) Except as provided in Subsection (d) [of this section], a municipality may not
terminate its law enforcement response to a residential permit holder because of excess false
alarms if the false alarm fees are paid in full. (d) A municipality may revoke or [set standards for
systems to be permitted and may] refuse to renew the permit of an alarm system that has had
eight or more false alarms during the preceding 12-month period [permit particular systems
'shich in its discretion have a history ofunreliability]. SECTION 4. Subchapter F, Chapter 214,
Local Government Code, is amended by adding Section 214.1955 to read as follows: Sec.
214.1955. MULTIUNIT HOUSING FACILITIES. (a) A municipality may not refuse to issue an
alarm system permit for a residential location solely because the residential location is an
individual residential unit located in a multiunit housing facility. (b) In issuing an alarm system
permit for an alarm installed in an individual residential unit of a multiunit housing facility, the
municipality shall issue the permit to the person occupying the individual residential unit. ( c) A
municipality may impose a penalty under Section 214.197 for the signaling of a false alarm on
the premises of a multiunit housing facility for a facility other than an individual residential unit
only if the permit holder is notified of: (1) the date of the signaling of the false alarm: (2) the
address of the multiunit housing facility where the signaling of the false alarm occurred: and ill
the identification of the individual facility, if applicable, located on the multiunit housing facility
premises where the signaling of the false alarm occurred. SECTION 5. Section 214.197, Local
Government Code, is amended to read as follows: Sec. 214.197. PENALTIES FOR FALSE
ALARMS [PENALTY LIMITATIONS]. [W] A municipality may [net] impose a penalty [ef
fee] for the signaling of a false alarm by a burglar alarm system if [l:lfll.es.s] at least three [:/:We]
other false alarms have occurred during the preceding 12-month period. The amount of the
penalty for the signaling of a false alarm as described by Section 214.196 may not exceed: ill
$50, if the location has had more than three but fewer than six other false alarms in the preceding
12-month period: (2) $75, if the location has had more than five but fewer than eight other false
alarms in the preceding 12-month period: or (3) $100, if the location has had eight or more other
false alarms in the preceding 12- month period [ (b) A penalty or fee imposed for a false alarm
must be established by ordinance based on the type and level of emergency response provided.
This fee may not exceed $50 in the case of the category of burglar alarms. The penalty or fee for
a false alarm may not exceed the actual expenses incurred for the response]. SECTION 6.
Subchapter F, Chapter 214, Local Government Code, is amended by adding Sections 214.198,
214.199, and 214.200 to read as follows: Sec. 214.198. VERIFICATION. A municipality may
require an alarm systems monitor to attempt to contact the occupant of the alarm system location
twice before the municipality responds to the alarm signal. Sec. 214.199. EXCEPTION OF
MUNICIPALITY FROM ALARM SYSTEM RESPONSE. (a) The governing body ofa
municipality may not adopt an ordinance providing that law enforcement personnel of the
municipality will not respond to any alarm signal indicated by an alarm system in the
municipality unless, before adopting the ordinance, the governing body of the municipality: ill
makes reasonable efforts to notify permit holders of its intention to adopt the ordinance: and ill
conducts a public hearing at which persons interested in the response of the municipality to
alarm systems are given the opportunity to be heard. (b) A municipality that adopts an ordinance
under this section may not impose or collect any fine, fee, or penalty otherwise authorized by this
subchapter. Sec. 214.200. PRIORITY OR LEVEL OF RESPONSE NOT AFFECTED:
LIABILITY OF MUNICIPALITY FOR NONRESPONSE. (a) Nothing in this subchapter: ill
affects the priority or level of response provided by a municipality to a permitted location: or ill
waives the governmental immunity provided by law for a municipality. (b) A municipality that
does not respond to an alarm signal is not liable for damages that may occur relating to the cause
of the alarm signal. SECTION 7. Subchapter L, Chapter 1702, Occupations Code, is amended by
adding Sections 1702.286, 1702.287, and 1702.288 to read as follows: Sec. 1702.286. DUTIES
OF ALARM SYSTEMS COMPANY. (a) On the installation or activation of an alarm system, an
alarm systems company shall distribute to the occupant of the alarm system location information
summarizing: (1) the applicable law relating to false alarms, including the potential for penalties
and revocation or suspension of a permit: (2) how to prevent false alarms: and (3) how to operate
the alarm system. (b) An alarm systems company shall notify the municipality in which the
alarm system is located of an installation or activation of an alarm system not later than the 30th
day after the date of the installation or activation. The alarm systems company shall provide to
the municipality: (1) the alarm systems company name: (2) the alarm systems company license
number: (3) the name of the occupant of the alarm system location: (4) the address of the alarm
system location: and (5) the date of installation or activation. ( c) Information provided to a
governmental body under this section is confidential and subiect to disclosure only as provided
under Section 1702.284. (d) An alarm systems company commits an offense if the company
violates Subsection (a) or (b). An offense under this subsection is a Class C misdemeanor. W
The duties imposed by this section on an alarm systems company do not apply to the installation
or activation of a personal emergency response system, as defined under Section 1702.331. Sec.
1702.287. DETECTION DEVICE CONTROL PANELS: MINIMUM STANDARDS. An alarm
systems company may not install any alarm system on or after January L 2007, that includes a
detection device control panel unless the control panel meets or exceeds the standards of the
American National Standards Institute for false alarm reduction. Sec. 1702.288. NOTICE OF
CERTAIN INFORMATION TO RECIPIENT OF ALARM SYSTEM SERVICES. (a) The
board shall adopt rules in accordance with this section that require a license holder acting as an
alarm systems company under this chapter to inform each of the license holder's clients that the
client is entitled to receive a written contract for alarm system services that contains the client's
fee arrangement and other relevant information about services to be rendered. (b) The rules shall
require that a written contract for alarm system services shall be furnished to a client in
accordance with Subsection (a) not later than the seventh day after the date the client requests the
written contract. (c) The rules shall require that the written contract for services shall be dated
and signed by the owner or manager of an alarm systems company or a person expressly
authorized by the owner or manager to sign written contracts on behalf of the company. (d) The
rules shall require that not later than the seventh day after the date of entering into a contract for
services regulated by the board with another alarm systems company or alarm systems monitor.
an alarm systems company shall: (1) notify the recipient of those services of the name, address,
and telephone number and individual to contact at the company that purchased the contract: ill
notify the recipient of services at the time the contract is negotiated that another licensed
company may provide any of the services requested by subcontracting or outsourcing those
services: and (3) if any of the services are subcontracted or out sourced to a licensed third party,
notify the recipient of services, by mail. of the name, address, phone number. and license number
of the company providing those services. ( e) The rules shall require that notice provided to a
recipient of services under Subsection (d) shall: (1) be mailed to the recipient in a written form
that emphasizes the required information: and (2) include stickers or other materials to be affixed
to an alarm system indicating the alarm systems company's or alarm systems monitor's new
telephone number. SECTION 8. Subchapter N, Chapter 1702, Occupations Code, is amended by
adding Section 1702.331 to read as follows: Sec. 1702.331. PERSONAL EMERGENCY
RESPONSE SYSTEMS. (a) In this section, "personal emergency response system" means an
alarm system that is: (1) installed in the residence of a person: (2) monitored by an alarm systems
company: (3) designed only to permit the person to signal the occurrence of a medical or
personal emergency on the part of the person so that the company may dispatch appropriate aid:
and (4) not part of a combination of alarm systems that includes a burglar alarm or fire alarm. ili2
This chapter does not apply to: (1) an alarm systems company that sells, installs, services,
monitors, or responds to only personal emergency response systems: (2) an alarm systems
installer who installs, maintains, or repairs only personal emergency response systems: .Q.lJ!
manager or branch office manager of an alarm systems company described by Subdivision (1 ):
(4) a security salesperson who is employed by an alarm systems company described by
Subdivision (1) to sell services offered by the company: and (5) an owner. officer. partner. or
shareholder of an alarm systems company described by Subdivision (1). SECTION 9. Subtitle B,
Title 9, Health and Safety Code, is amended by adding Chapter 781 to read as follows:
CHAPTER 781. PERSONAL EMERGENCY RESPONSE SYSTEMS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 781.001. DEFINITIONS. In this chapter: (1) "Alarm system" means electronic equipment
and devices designed to act as a personal emergency response system. (2) "Branch office" means
an office that: (A) is identified to the public as a place from which business is conducted,
solicited, or advertised: and (B) is at a place other than the principal place of business as shown
in department records. (3) "Commissioner" means the executive commissioner of the Health and
Human Services Commission. (4) "Department" means the Department of State Health Services.
(5) "Manager" means an officer or supervisor of a corporation or a general partner of a
partnership who manages a personal emergency response system provider. (6) "Personal
emergency response system" means an alarm system that is: (A) installed in the residence of a
person: (B) monitored by an alarm systems company: (C) designed only to permit the person to
signal the occurrence of a medical or personal emergency on the part of the person so that the
company may dispatch appropriate aid: and (D) not part of a combination of alarm systems that
includes a burglar alarm or fire alarm.
[Sections 781.002-781.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
Sec. 781.051. GENERAL POWERS AND DUTIES. (a) The department shall perform the
functions and duties provided by this chapter. (b) The commissioner shall adopt rules necessary
to administer this chapter. ( c) The commissioner shall establish fees necessary to administer this
chapter. including fees for processing and issuing or renewing a license or registration under this
chapter. (d) The commissioner shall prescribe forms required by this chapter.
[Sections 781. 052-781.1 00 reserved for expansion]
SUBCHAPTER C. LICENSING
Sec. 781.101. PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDER LICENSE
REQUIRED. Unless the person holds a license issued under this chapter. a person may not act as
or perform the services of a personal emergency response system provider. Sec. 781.102.
PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDER. A person acts as a personal
emergency response system provider for the purposes of this chapter if the person sells, installs,
services, monitors, or responds to a personal emergency response system. Sec. 781.103.
APPLICATION FOR LICENSE. An application for a license under this chapter must be in the
form prescribed by the commissioner and include: (1) the full name and business address of the
applicant: (2) the name under which the applicant intends to do business: (3) a statement as to the
general nature of the business in which the applicant intends to engage: (4) if the applicant is an
entity other than an individual. the full name and residence address of each partner. officer. and
director of the applicant and of the applicant's manager: (5) a verified statement of the
applicant's experience qualifications: (6) a report from the Department of Public Safety stating
the applicant's record of any convictions for a Class B misdemeanor or equivalent offense or a
greater offense: (7) the social security number of the individual making the application: and 00
other information, evidence, statements, or documents required by the department. Sec. 781.104.
ISSUANCE OF BRANCH OFFICE LICENSE. (a) A license holder shall notify the department
in writing of the establishment of a branch office and file in writing with the department the
address of the branch office. (b) On application by a license holder. the department shall issue a
branch office license. Sec. 781.105. FORM OF LICENSE. The commissioner shall prescribe the
form ofa license, including a branch office license. The license must include: (1) the name of the
license holder: (2) the name under which the license holder is to operate: and (3) the license
number and the date the license was issued. Sec. 781.106. GENERAL QUALIFICATIONS FOR
LICENSE. (a) An applicant for a license or the applicant's manager must be at least 18 years of
age and must not: (1) have been convicted in any jurisdiction of a Class A misdemeanor or
equivalent offense or a greater offense, unless a full pardon has been granted for reasons relating
to a wrongful conviction: (2) have been convicted in any jurisdiction of a Class B misdemeanor
or equivalent offense for which the fifth anniversary of the date of conviction has not occurred
before the date of application, unless a full pardon has been granted for reasons relating to a
wrongful conviction: (3) have been found by a court to be incompetent by reason of a mental
defect or disease and not have been restored to competency: (4) be suffering from habitual
drunkenness or from narcotics addiction or dependence: or (5) have been discharged from the
United States armed forces under other than honorable conditions. (b) The department may deny
an application for a license if the applicant has been convicted in any jurisdiction of a Class B
misdemeanor or equivalent offense if the fifth anniversary of the date of conviction has occurred
before the date of application, unless a full pardon has been granted for reasons relating to a
wrongful conviction. Sec. 781.107. MANAGER REQUIRED. (a) A license holder's business
shall be operated under the direction and control of one manager. A license holder may not apply
to designate more than one individual to serve as manager of the license holder's business. (b) An
individual may not act as a manager until the individual has made a satisfactory showing to the
department that the individual: (1) satisfies the requirements of Section 781.106: and (2) has not
engaged in conduct regarding a violation or conviction that is grounds for disciplinary action
under Section 781.351. Sec. 781.108. INSURANCE. (a) A license holder shall maintain on file
with the department at all times the certificate of insurance required by this chapter. (b) The
department shall immediately suspend the license of a license holder who violates Subsection
U!l ( c) The department may rescind the license suspension if the license holder provides proof to
the department that the insurance coverage is still in effect. The license holder must provide the
proof in a form satisfactory to the department not later than the 10th day after the date the license
is suspended. (d) After suspension of the license, the department may not reinstate the license
until an application, in the form prescribed by the commissioner. is filed accompanied by a
proper insurance certificate. The department may deny the application notwithstanding the
applicant's compliance with this section: (1) for a reason that would iustify suspending, revoking,
or denying a license: or (2) it: during the suspension, the applicant performs a practice for which
a license is required. Sec. 781.109. INSURANCE REQUIREMENT. ( a) The department may not
issue a license unless the applicant files with the department: (1) evidence of a general liability
insurance policy on a certificate of insurance form prescribed by the Texas Department of
Insurance and countersigned by an insurance agent licensed in this state: or (2) a certificate of
insurance for surplus lines coverage obtained under Chapter 98 L Insurance Code, through a
licensed Texas surplus lines agent resident in this state. (b) The general liability insurance policy
must be conditioned to pay on behalf of the license holder damages that the license holder
becomes legally obligated to pay because of bodily iniury, property damage, or personal iniury,
caused by an event involving the principal. or an officer. agent or employee of the principal. in
the conduct of any business licensed under this chapter. ( c) The insurance policy must contain
minimum limits of: (1) $100,000 for each occurrence for bodily iniury and property damage: ill
$50,000 for each occurrence for personal iniury: and (3) a total aggregate amount of $200,000
for all occurrences. (d) An insurance certificate executed and filed with the department under this
chapter remains in effect until the insurer terminates future liability by providing to the
department at least 10 days' notice of the intent to terminate liability. Sec. 781.110. LICENSE
HOLDER EXEMPTIONS FROM CERTAIN LOCAL REGULATIONS. (a) A license holder or
an employee of a license holder is not required to obtain an authorization, permit franchise, or
license from, pay another fee or franchise tax to, or post a bond in a municipality, county, or
other political subdivision of this state to engage in business or perform a service authorized
under this chapter. (b) A municipality, county, or other political subdivision of this state may not
require a payment for the use of municipal. county, or other public facilities in connection with a
business or service provided by a license holder. except that a municipality may impose and
collect: (1) a reasonable charge for the use of a central alarm installation located in a police
office that is owned, operated, or monitored by the municipality: and (2) reasonable inspection
and reinspection fees in connection with a device that causes at least five false alarms in a 12-
month period. ( c) A municipality may require, until the device is repaired to the satisfaction of
the appropriate municipal official. discontinuation of service of an alarm signal device that
because of mechanical malfunction or faulty equipment causes at least five false alarms in a 12-
month period. (d) For the purposes of Subsection ( c), a false alarm caused by human error or an
act of God is not considered a mechanical malfunction or faulty equipment.
[Sections 781.111-781.150 reserved for expansion]
SUBCHAPTER D. REGISTRATION REQUIREMENTS
Sec. 781.151. REGISTRATION REQUIRED. An individual must register with the department if
the individual: (1) is employed as an alarm systems company, alarm systems installer. manager
or branch office manager. or security salesperson who enters a client's residence at any time
while performing the salesperson's responsibilities: or (2) is an owner. officer. partner. or
shareholder of a license holder and is responsible for managing the business of the license
holder. Sec. 781.152. ALARM SYSTEMS INSTALLER. An individual acts as an alarm systems
installer for purposes of this chapter if the individual installs, maintains, or repairs a personal
emergency response system. Sec. 781.153. ALARM SYSTEMS MONITOR. (a) An individual
acts as an alarm systems monitor for purposes of this chapter if the individual monitors a
personal emergency response system. (b) This section does not apply to an individual employed
exclusively and regularly by an employer. other than a license holder. in connection with the
affairs of that employer and with whom the individual has an employee-employer relationship.
Sec. 781.154. SECURITY SALESPERSON. An individual acts as a security salesperson for
purposes of this chapter if the individual: (1) is employed by a security services contractor to sell
services offered by the contractor: and (2) enters a client's residence at any time during the
person's employment. Sec. 781.155. QUALIFICATIONS FOR REGISTRATION. (a) An
individual must be at least 18 years of age to be registered. (b) The department by rule may adopt
additional qualifications for an individual to be registered under this subchapter. Sec. 781.156.
APPLICATION FOR REGISTRATION. (a) An application for registration must be verified and
include: (1) the applicant's full name, residence address, residence telephone number. date and
place of birth, and social security number: (2) a statement that: (A) lists each name used by the
applicant other than the name by which the applicant is known at the time of application, and an
explanation stating each place where each name was used, the date of each use, and a full
explanation of the reasons the name was used: or (B) states that the applicant has never used a
name other than the name by which the applicant is known at the time of application: (3) the
name and address of the applicant's employer and, if applicabk the applicant's consulting firm:
(4) the date the employment commenced: (5) a letter from the license holder requesting that the
applicant be registered: (6) the title of the position occupied by the applicant and a description of
the applicant's duties: and (7) any other information, evidence, statement or document required
by the department. (b) The employer of the applicant shall make a reasonable attempt to verify
the information required under Subsection (a)(I).
[Sections 781.157-781.200 reserved for expansion]
SUBCHAPTER E. GENERAL PROVISIONS APPLICABLE TO REGULATED PERSONS
Sec. 781.201. CRIMINAL HISTORY CHECK. (a) The department shall conduct a criminal
history check, including a check of any criminal history record information maintained by the
Department of Public Safety, that relates to each applicant for a license or registration. An
applicant is not eligible for a license or registration if the check reveals that the applicant has
committed an act that constitutes grounds for the denial of the license or registration. (b) A
license or registration issued by the department is conditional on the department's receipt of
criminal history record information. Sec. 781.202. ALARM SYSTEMS RECORDS
CONFIDENTIAL. Information contained in alarm systems records maintained by a
governmental body that concerns the location of an alarm system, the name of the occupant of an
alarm system location, or the type of alarm system used is confidential and may be disclosed
only to the department or as otherwise required by state law or court order. Sec. 781.203. FALSE
REPRESENTATION. A person may not represent falsely that the person: (1) is employed by a
license holder: or (2) is licensed or registered under this chapter. Sec. 781.204. PROHIBITION
AGAINST CERTAIN POLITICAL SUBDIVISIONS ACTING AS ALARM SYSTEMS
COMP ANY. ( a) Except as provided by Subsection (b), a political subdivision may not offer
alarm system sales, service, installation, or monitoring unless it was providing monitoring
services to residences within the boundaries of the political subdivision on September 1, 1999.
Any fee charged by the political subdivision may not exceed the cost of the monitoring. (b) A
political subdivision may: (1) offer service, installation, or monitoring for property owned by the
political subdivision or another political subdivision: (2) allow for the response of an alarm or
detection device by a law enforcement agency or by a law enforcement officer acting in an
official capacity: (3) offer monitoring in connection with a criminal investigation: or (4) offer
monitoring to a financial institution, as defined by Section 201.101, Finance Code, that requests,
in writing, that the political subdivision provide monitoring service to the financial institution.
( c) The limitations of Subsection ( a) do not apply to a political subdivision in a county with a
population ofless than 80,000 or to a political subdivision where monitoring is not otherwise
provided or available.
[Sections 781.205-781.250 reserved for expansion]
SUBCHAPTERF. EXPIRATION: RENEWAL
Sec. 781.251. EXPIRATION. (a) A license is valid for two years from the date of issuance. A
license expires at midnight on the last day of the 23rd month after the month in which it is
issued. (b) Registration as a manager: branch office manager: alarm systems installer: or security
salesperson expires on the second anniversary of the date of registration. ( c) Registration as an
owner: officer: partner: or shareholder of a license holder expires on the second anniversary of
the date of registration. Sec. 781.252. LICENSE RENEWAL. (a) A person who is otherwise
eligible to renew a license may renew an unexpired license by paying the required renewal fee to
the department before the expiration date of the license. A person whose license has expired may
not engage in activities that require a license until the license has been renewed. (b) A person
whose license has been expired for 90 days or less may renew the license by paying to the
department a renewal fee that is equal to 1-1/2 times the normally required renewal fee. ( c) A
person whose license has been expired for longer than 90 days but less than one year may renew
the license by paying to the department a renewal fee that is equal to two times the normally
required renewal fee. (d) A person whose license has been expired for one year or more may not
renew the license. The person may obtain a new license by complying with the requirements and
procedures for obtaining an original license. (e) Not later than the 30th day before the date a
person's license is scheduled to expire, the department shall send written notice of the impending
expiration to the person at the person's last known address according to the department's records.
Sec. 781.253. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. A
person who was licensed in this state, moved to another state, and is currently licensed and has
been in practice in the other state for the two years preceding the date the person applies for
renewal may obtain a new license. The person must pay to the department a fee that is equal to
two times the normally required renewal fee for the license. Sec. 781.254. STAGGERED
RENEWAL: PRORATION OF LICENSE FEE. The department by rule may adopt a system
under which licenses expire on various dates during the year. For the year in which the
expiration date of a license is changed, the department shall prorate license fees on a monthly
basis so that each license holder pays only that portion of the license fee that is allocable to the
number of months during which the license is valid. On renewal of the license on the new
expiration date, the total license renewal fee is payable. Sec. 781.255. EFFECT OF LICENSE
RENEWAL ON DISCIPLINARY ACTION. Renewal of a license does not prohibit the bringing
of a disciplinary proceeding for an act committed before the effective date of the renewal. Sec.
781.256. EFFECT OF SUSPENSION ON LICENSE RENEWAL REQUIREMENTS. A
suspended license expires on the license's expiration date and may be renewed as provided by
this chapter. The renewal does not entitle the license holder. while the license remains suspended
and until the license is reinstated, to engage in the licensed activity or in conduct in violation of
the order or iudgment by which the license was suspended. Sec. 781.257. REGISTRATION
RENEWAL. (a) An individual who is otherwise eligible to renew a registration may renew an
unexpired registration by paying the required renewal fee to the department before the expiration
date of the registration. An individual whose registration has expired may not engage in activities
that require a registration until the registration has been renewed. (b) An individual whose
registration has been expired for 90 days or less may renew the registration by paying to the
department a renewal fee that is equal to 1-1/2 times the normally required renewal fee. ( c) An
individual whose registration has been expired for more than 90 days but less than one year may
renew the registration by paying to the department a renewal fee that is equal to two times the
normally required renewal fee. (d) An individual whose registration has been expired for one
year or more may not renew the registration. The individual may obtain a new registration by
complying with the requirements and procedures for obtaining an original registration. (e) An
individual who was registered in this state, moved to another state, and is currently registered
and has been in practice in the other state for the two years preceding the date of application may
obtain a new registration. The individual must pay to the department a fee that is equal to two
times the normally required renewal fee for the registration. (D Not later than the 30th day before
the expiration date of an individual's registration, the department shall send written notice of the
impending expiration to the individual at the individual's last known address according to
department records. Sec. 781.258. CONTINUING EDUCATION. (a) The department may
recognize, prepare, or administer continuing education programs for license holders and
registrants. The department shall set the minimum number of hours that must be completed and
the types of programs that may be offered. (b) A license holder or registrant must participate in
the programs to the extent required by the department to keep the person's license or registration.
A license holder or registrant shall submit evidence of compliance with the department's
continuing education requirements in a manner prescribed by the department.
[Sections 781.259-781.300 reserved for expansion]
SUBCHAPTER G. EXCEPTIONS
Sec. 781.301. GOVERNMENT EMPLOYEES. This chapter does not apply to an officer or
employee of the United States, this state, or a political subdivision of this state while the officer
or employee is performing official duties. Sec. 781.302. LAW ENFORCEMENT PERSONNEL.
This chapter does not apply to: (1) a person who has full-time employment as a peace officer and
who receives compensation for private employment on an individual or an independent
contractor basis as a patrolman, guard, extra iob coordinator, or watchman if the officer: (A) is
employed in an employee-employer relationship or employed on an individual contractual basis:
(B) is not in the employ of another peace officer: (C) is not a reserve peace officer: and ill}
works as a peace officer on the average of at least 32 hours a week, is compensated by the state
or a political subdivision of the state at least at the minimum wage, and is entitled to all
employee benefits offered to a peace officer by the state or political subdivision: (2) a reserve
peace officer while the reserve officer is performing guard, patrolman, or watchman duties for a
county and is being compensated solely by that county: (3) a peace officer acting in an official
capacity in responding to a burglar alarm or detection device: or (4) a person engaged in the
business of electronic monitoring of an individual as a condition of that individual's community
supervision, parole, mandatory supervision, or release on bail. if the person does not perform any
other service that requires a license under this chapter. Sec. 781.303. MEDICAL ALERT
SERVICES. This chapter does not apply to an entity that is a hospital or a wholly owned
subsidiary or an affiliate of a hospital licensed under Chapter 241.
[Sections 781.304-781.350 reserved for expansion]
SUBCHAPTER H. DISCIPLINARY PROCEDURES
Sec. 781.351. GROUNDS FOR DISCIPLINARY ACTION. (a) For a violation of this chapter or
a rule adopted under this chapter. the department may: (1) revoke or suspend the person's license
or registration: (2) place on probation the person if the person's license or registration has been
suspended: or (3) reprimand the license holder or registrant. (b) The department shall take
disciplinary action described by Subsection (a) on proof: (1) that the applicant license holder. or
registrant has: (A) violated this chapter or a department rule adopted under this chapter: (B) been
convicted of a Class B misdemeanor or equivalent offense if the fifth anniversary of the date of
the conviction has occurred: (C) engaged in fraud, deceit or misrepresentation: or (D) made a
material misstatement in an application for or renewal of a license or registration: or (2) that the
license holder of a registrant has submitted to the department sufficient evidence that the
registrant: (A) engaged in fraud or deceit while employed by the license holder: or @
committed theft while performing work as a registrant. Sec. 781.352. HEARING. (a) If the
department proposes to revoke or suspend a person's license or registration, the person is entitled
to a hearing before a hearings officer appointed by the State Office of Administrative Hearings.
(b) The commissioner shall prescribe procedures for appealing to the department a decision to
revoke or suspend a license or registration. Sec. 781.353. ADMINISTRATIVE PROCEDURE.
A proceeding under this chapter to suspend or revoke a license or registration is governed by
Chapter 2001. Government Code. Sec. 781.354. PROBATION. The department may require a
person whose license or registration suspension is probated to: (1) report regularly to the
department on matters that are the basis of the probation: (2) limit practice to areas prescribed by
the department: or (3) continue the person's professional education until the license or
registration holder attains a degree of skill satisfactory to the department in those areas that are
the basis of the probation. Sec. 781.355. EFFECT OF SUSPENSION: MONITORING OF
EXISTING ALARM CONTRACTS. Subiect to expiration of the license under Section 781.251.
a license holder may continue to monitor under an existing alarm contract or contract to monitor
under an existing alarm contract for 30 days after the date of suspension of the person's license.
[Sections 781.356-781.400 reserved for expansion]
SUBCHAPTER I. ENFORCEMENT
Sec. 781.401. INJUNCTION. The department shall prosecute or file suit to enioin a violation of
this chapter or a rule adopted under this chapter. Sec. 781.402. CIVIL PENALTY. (a) A person
who violates this chapter or a rule adopted under this chapter is liable for a civil penalty not to
exceed $5,000 a day. (b) At the request of the department the attorney general may bring an
action to recover a civil penalty authorized under this section. ( c) The attorney general may
recover reasonable expenses incurred in obtaining a civil penalty under this section, including
court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.
Sec. 781.403. OFFENSE. (a) A person commits an offense if the person: (1) knowingly falsifies
fingerprints or photographs submitted to the department: (2) contracts with or employs a person
who is required to hold a license or registration under this chapter knowing that the person does
not hold the required license or registration or who otherwise, at the time of contract or
employment is in violation of this chapter: or (3) violates a provision of this chapter. (b) An
offense under Subsection (a)( 1) is a felony of the third degree. ( c) An offense under Subsection
(a)(2) is a Class A misdemeanor. (d) An offense under Subsection (a)(3) is a Class A
misdemeanor: except that the offense is a felony of the third degree if the person has previously
been convicted under this chapter for failing to hold a license or registration that the person is
required to hold under this chapter. Sec. 781.404. VENUE. An offense under this chapter may be
prosecuted in Travis County or in the county in which the offense occurred.
[Sections 781.405-781.450 reserved for expansion]
SUBCHAPTER 1. ADMINISTRATIVE PENALTY
Sec. 781.451. IMPOSITION OF ADMINISTRATIVE PENALTY. The department may impose
an administrative penalty on a person licensed under this chapter who violates this chapter or a
rule or order adopted under this chapter. Sec. 781.452. AMOUNT OF ADMINISTRATIVE
PENALTY. (a) The amount of the administrative penalty may not be less than $50 or more than
$5,000 for each violation. Each day a violation continues or occurs is a separate violation for the
purpose of imposing a penalty. (b) The amount shall be based on: (1) the seriousness of the
violation, including the nature, circumstances, extent and gravity of the violation: (2) the
economic harm caused by the violation: (3) the history of previous violations: (4) the amount
necessary to deter a future violation: (5) efforts to correct the violation: and (6) any other matter
that justice may require. Sec. 781.453. REPORT AND NOTICE OF VIOLATION AND
PENALTY. (a) If the commissioner or the commissioner's designee determines that a violation
occurred, the commissioner or the designee may issue to the department a report stating: (1) the
facts on which the determination is based: and (2) the commissioner's or the designee's
recommendation on the imposition of an administrative penalty, including a recommendation on
the amount of the penalty. (b) Within 14 days after the date the report is issued, the
commissioner or the commissioner's designee shall give written notice of the report to the
person. The notice must: (1) include a brief summary of the alleged violation: (2) state the
amount of the recommended administrative penalty: and (3) inform the person of the person's
right to a hearing on the occurrence of the violation, the amount of the penalty, or both. Sec.
781.454. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Within 10 days after the
date the person receives the notice, the person in writing may: (1) accept the determination and
recommended administrative penalty of the commissioner or the commissioner's designee: or ill
make a request for a hearing on the occurrence of the violation, the amount of the penalty, or
both. (b) If the person accepts the determination and recommended penalty of the commissioner
or the commissioner's designee, the department by order shall approve the determination and
impose the recommended penalty. Sec. 781.455. HEARING. (a) If the person requests a hearing
or fails to respond in a timely manner to the notice, the commissioner or the commissioner's
designee shall set a hearing and give written notice of the hearing to the person. (b) An
administrative law judge of the State Office of Administrative Hearings shall hold the hearing.
( c) The administrative law judge shall make findings of fact and conclusions of law and
promptly issue to the department a proposal for a decision about the occurrence of the violation
and the amount of a proposed administrative penalty. Sec. 781.456. DECISION BY
DEPARTMENT. (a) Based on the findings of fact conclusions oflaw, and proposal for decision,
the department by order may determine that: (1) a violation occurred and impose an
administrative penalty: or (2) a violation did not occur. (b) The notice of the department's order
given to the person must include a statement of the right of the person to judicial review of the
order. Sec. 781.457. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Within 30
days after the date the department's order becomes final. the person shall: (1) pay the
administrative penalty: or (2) file a petition for judicial review contesting the occurrence of the
violation, the amount of the penalty, or both. (b) Within the 30-day period prescribed by
Subsection (a), a person who files a petition for judicial review may: (1) stay enforcement of the
penalty by: (A) paying the penalty to the court for placement in an escrow account; or (B) giving
the court a supersedeas bond approved by the court that: (i) is for the amount of the penalty: and
(ii) is effective until all judicial review of the department's order is final: or (2) request the court
to stay enforcement of the penalty by: (A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to pay the penalty and is financially unable to give
the supersedeas bond: and (B) giving a copy of the affidavit to the commissioner or the
commissioner's designee by certified mail. (c) If the commissioner or the commissioner's
designee receives a copy of an affidavit under Subsection (b )(2), the commissioner or the
designee may file with the court, within five days after the date the copy is received, a contest to
the affidavit. (d) The court shall hold a hearing on the facts alleged in the affidavit as soon as
practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.
The person who files an affidavit has the burden of proving that the person is financially unable
to pay the penalty and to give a supersedeas bond. Sec. 781.458. COLLECTION OF PENALTY.
(a) If the person does not pay the administrative penalty and the enforcement of the penalty is not
stayed, the penalty may be collected. (b) The attorney general may sue to collect the penalty.
Sec. 781.459. DETERMINATION BY COURT. (a) If the court sustains the determination that a
violation occurred, the court may uphold or reduce the amount of the administrative penalty and
order the person to pay the full or reduced amount of the penalty. (b) If the court does not sustain
the finding that a violation occurred, the court shall order that a penalty is not owed. Sec.
781.460. REMITTANCE OF PENALTY AND INTEREST. (a) If the person paid the
administrative penalty and if the amount of the penalty is reduced or the penalty is not upheld by
the court, the court shall order. when the court's judgment becomes final. that the appropriate
amount plus accrued interest be remitted to the person. (b) The interest accrues at the rate
charged on loans to depository institutions by the New York Federal Reserve Bank. (c) The
interest shall be paid for the period beginning on the date the penalty is paid and ending on the
date the penalty is remitted. (d) If the person gave a supersedeas bond and the penalty is not
upheld by the court, the court shall order. when the court's judgment becomes final. the release of
the bond. ( e) If the person gave a supersedeas bond and the amount of the penalty is reduced, the
court shall order the release of the bond after the person pays the reduced amount. Sec. 781.461.
ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is a contested case
under Chapter 2001. Government Code. SECTION 10. Section 1702.006, Occupations Code, is
repealed. SECTION 11. Section 1702.286, Occupations Code, as added by this Act, applies only
to an alarm system installed or activated on or after January 1, 2006. SECTION 12. (a) A license
or registration issued under Chapter 1702, Occupations Code, immediately before the effective
date of this Act to a person listed in Subsection (b) of this section shall remain valid under
Chapter 781, Health and Safety Code, as added by this Act. (b) Subsection ( a) of this section
applies to: (1) an alarm systems company that sells, installs, services, or responds to only
personal emergency response systems; (2) an alarm systems installer who installs, maintains, or
repairs only personal emergency response systems; (3) a manager or branch office manager of an
alarm systems company described by Subdivision (1) of this subsection; (4) a security
salesperson who is employed by an alarm systems company described by Subdivision (1) of this
subsection to sell services offered by the company; or (5) an owner, officer, partner, or
shareholder of an alarm systems company described by Subdivision (1) of this subsection. (c)
The change in law made by this Act does not affect a disciplinary action regarding a personal
emergency response system pending under Chapter 1702, Occupations Code, on the effective
date of this Act. The Department of State Health Services shall continue the proceeding under
that chapter after the effective date of this Act, and the former law is continued in effect for that
purpose. (d) The change in law made by this Act does not affect an action involving the
prosecution of an offense or any other enforcement action under Subchapter P or Q, Chapter
1702, Occupations Code, regarding a personal emergency response system pending on the
effective date of this Act. The prosecution or action shall continue under that chapter after the
effective date of this Act, and the former law is continued in effect for that purpose. SECTION
13. This Act takes effect September 1, 2005.
President of the
Senate Speaker of the House
I hereby certify that S.B. No. 568 passed the Senate on April 7, 2005, by the following vote:
Yeas 26, Nays 0; and that the Senate concurred in House amendments on May 29, 2005, by the
following vote: Yeas 31, Nays O. Secretary of the Senate I
hereby certify that S.B. No. 568 passed the House, with amendments, on May 25,2005, by a
non-record vote. Chief Clerk of the House Approved:
Date Governor
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, AMENDING RESOLUTION 05-05, EXHIBIT "A", SECTION IV
"PUBLIC SAFETY AND JUDICIAL" BY AMENDING SUBSECTION 8 TO READ
"ALARM PERMITIDIRECT ALARM MONITORING FEES/FALSE ALARM
PENALTIES"; ESTABLISHING PENALTIES FOR THE SIGNALING OF FALSE
BURGLARY ALARMS AS AUTHORIZED BY ARTICLE 4.500 OF THE CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That Resolution No. 05-05, the Master Fee Resolution of the City
of University Park, Texas, is hereby amended by amending Exhibit "A", Section IV "Public Safety
and Judicial" to add subsection (5) to provide penalties for signaling false burglary alarms, as
follows:
"IV. PUBLIC SAFETY AND JUDICIAL
8. Alarm PermitIDirect Alarm Monitoring Fees/False Alarm Penalties
(5) A penalty shall be imposed on a permit holder for the signaling of a false burglary
alarm as follows:
(a) $50 for each false alarm if the location has had more than three but
fewer than six other false alarms in the preceding 12-month period;
(b) $75 for each false alarm if the location has had more than five but
fewer than eight other false alarms in the preceding 12-month
period; or
( c) $100 for each false alarm if the location has had eight or more other
false alarms in the preceding 12-month period."
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 August 2005.
APPROVED:
JAMES H. HOLMES III, MAYOR
APPROVED AS TO FORM:
ATTEST:
City Attorney
(RLD/7-12-05)
NINA WILSON, CITY SECRETARY
75747
(9
AGENDA MEMO
(08/02/2005 AGENDA)
DATE:
July 28, 2005
TO:
Honorable Mayor and City Council
FROM:
Kent R. Austin, Director of Finance
SUBJECT: Transmittal ofFY2006 budget and vote to hold public hearing on tax rate
Background/Analysis
City staff is completing the proposed FY2006 budget for transmittal to the City Council at the
August 2, 2005 Council meeting. Traditionally the Council refers the proposed budget to the
Employee Benefits, Finance, and Insurance Advisory Committees. The Council also reviews
the budget at its mid-month August meeting and conducts a public hearing on the proposed
tax rate.
A tax rate hearing is required by State property tax law if a city's proposed effective tax
increase is above 3%. The hearing must be advertised in a local newspaper and occur no
sooner than seven days after the notice. This year's effective tax increase is not yet known,
but holding a public hearing is a good practice and consistent with prior years. If the Council
chooses to hold a public hearing, they should set the time and date at the August 2 meeting.
To meet the notice requirements, the hearing itself should be set for August 23, 2005.
Recommendation
Staff recommends scheduling a public hearing about the proposed FY2006 property tax rate
for August 23,2005.
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \AGENDA MEMO budget transmittal
080205.doc 10:02 AM 07/29/05
(9
AGENDA MEMO
(08/02/2005 AGENDA)
DATE:
August 2, 2005
TO:
Honorable Mayor and City Council
FROM:
Kent R. Austin, Director of Finance
SUBJECT: Financial and quarterly investments review - June 30,2005
Background/Analysis
Included on the August 2 Council agenda is a review of the April-June 2005 quarter City
financial and investment reports. The reports are attached and will be reviewed at the
meeting.
Recommendation
Staff recommends that the City Council review and accept the financial reports and quarterly
investment reports as of June 30, 2005.
Attachments:
· Financial reports with commentary, June 30, 2005
· April-June 2005 City investments report
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \AGENDA MEMO financial stmts review
080205.doc 9:50 AM 07/29/05
CITY OF UNIVERSITY PARK, TEXAS
July 21, 2005
TO: Honorable Mayor and City Council
Finance Advisory Committee
City Manager
FROM: Tom Tvardzik, Controller
Kent Austin, Director of Finance
SUBJECT: June 30, 2005 Fund Reports Commentary
As discussed in the May narrative, a number of "targeted reviews" were completed in June.
These reviews are narrower in scope than an internal audit and are designed to test
compliance with certain key controls, rather than render an opinion on a system as a whole.
The two reviews performed were: 1) a verification of court dismissals issued between July
and December of 2004, and 2) detail testing of compliance with City procurement card
policy and best practices. No material weaknesses were detected, although a number of
suggestions for improvement were made.
The city-wide capital asset verification has been rescheduled to July 31. The results of that
verification will be rolled-forward to September 30.
Finally, staff is in the process of completing an RFP (Request For Proposals) for the
provision of annual independent audit services. This contract is normally re-bid every five
years. Deloitte & Touche has been City's auditor for the past five years.
Notable trends in the June 30, 2005 reports include:
· 98% of budgeted property taxes have been collected as of June 30, 2005. This is
consistent with the collection rate from this time last year.
· Sales tax collections are down 2% from last year. Staff expects this continued slow
decline is due to merchants within UP being coded to Dallas, which means sales tax
dollars intended for UP are being remitted to the City of Dallas. MBIA Muni
Services is undertaking a sales tax review for University Park. Until the review
results are ready late this year, staff expects sales tax revenues to continue to lag last
year's numbers.
· Permit and license revenue leapt 11 % in June compared to the prior month, ending
the balance year to date at 100% of the full year budget figure. This revenue profile
is consistent with FY2004; year-to-date revenues for FY2005 are only 2% higher
than one year ago.
· Interest earnings in the General Fund are over 100% higher than the comparable
period last year, and are already 7% higher than the full year budgeted amount. For
1
the quarter ended June 30,2005, City investments overall earned 2.89%, compared to
1.61 % the same time last year.
· Overall, year-to-date General Fund departmental expenditures are 5% below budget
and only 2% higher than the prior year. Excluding the finance and engineering
departments (for reasons discussed earlier in the year), all other departments were at
or below budget.
· Utility revenues are 2% behind this time last year, although the hotter weather after
June 30 will boost water sales. Individual highlights include:
o Water revenues are down 3% compared to this time last year.
o Wastewater revenues are down 5.5%, because the winter quarter water
consumption, which drives wastewater revenues, decreased compared to last
year. Revenues are 80% of budget, however, with 75% of the year complete;
projected revenues through year end should still meet the annual budgeted
amount.
o Storm water fees, which are not volume dependent, are 47% ahead oflast
year, but only because last year did not include 12 months of fee revenue (the
fee was implemented in January 2004). Storm water fees are on track with
budget for FY2005.
· Utility Fund expenditures continue to track lower than budget.
· Sanitation Fund revenues are tracking 2% below budget, while expenditures are 12%
percent below. This is welcome news, because the FY2005 budget anticipated an
over $400,000 deficiency at this point in the year. As of June 30, 2005, fund
expenditures exceeded revenues by $39,000, one-tenth of the expected amount.
During the FY05 budget process staff anticipated that a mid-year sanitation rate hike
might be necessary, but it appears those increases can be deferred until FY06, in the
coming year's budget.
· Self-insurance fund revenues remain 10% higher than last year, while overall
expenditures (including such items as health care payments, workers compensation
claims, and insurance premiums) are 11 % percent lower than last year. Several large
stop-loss reimbursements have helped lower the net amount paid for health insurance
claims.
· Equipment services fund revenues, comprised of interfund contributions and interest
earnings, are 3% higher than last year, while expenditures are almost 40% below, due
to lower capital expenditures.
Att:
· Summary Fund Report
· General Fund Report
· Utility Fund/Sanitation Fund Report
· Capital Projects Fund Report
· Self-Insurance Report/Equipment Services Fund Report
2
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CITY OF UNIVERSITY PARK, TEXAS
FUND REPORT
FISCAL YEAR- TO-DA TE
AS OF JUNE 30, 2005
GENERAL FUND BUDGET %
ACTUAL AS AMENDED YTD% PRIOR YEAR CHANGE
Revenues
Property Taxes 12,665,021 12,956,929 98% 12,197,210 4%
Interfund Transfers 412,500 550,000 75% 337,500 22%
Sales/Mixed Bev. Tax 1,571,421 2,275,220 69% 1,593,114 -1%
Franchise Fees 1,456,980 2,060,000 71% 1,135,002 28%
Permits and Licenses 1,190,441 1,196,000 100% 1,170,973 2%
Fines and Fees 828,431 1,163,160 71% 826,118 0%
Park and Pool 160,910 202,500 79% 157,524 2%
Interest Earnings 373,083 350,000 107% 184,187 103%
Auction/Other 235,345 332,906 71% 141,955 66%
Total Revenues 18,894,133 21,086,715 90% 17,743,583 6%
Expenditures
Executive 524,088 851,884 62% 484,887 8%
Finance 745,727 974,347 77% 702,265 6%
Human Resources 226,276 329,554 69% 244,580 -7%
Information Services 429,522 740,259 58% 356,830 20%
Legal 188,422 262,831 72% 191,198 -1%
Building 407,462 627,831 65% 423,563 -4%
Engineering 621,662 817,033 76% 630,420 -1%
Traffic Control 506,168 788,304 64% 552,923 -8%
Facilities Maintenance 452,303 654,199 69% 433,179 4%
Fire 2,717,357 3,952,620 69% 2,568,166 6%
Police 3,608,212 4,916,467 73% 3,403,957 6%
Parks 1,515,978 2,149,729 71% 1,536,218 -1%
Swimming Pool 50,400 147,969 34% 45,289 11%
Streets 1,094,013 1,694,834 65% 1,227,035 -11%
Transfers, Budgeted 2,094,874 2,793,166 75% 4,881,063 -57%
Total Expenditures 15,182,465 21,701,026 70% 17,681,572 -14%
Excess/(deficiency) of revenues 3,711,667 (614,311) n/a 62,011 5886%
Transfers, Special n/a
Net change in fund balance 3,711,667 (614,311) n/a 62,011 5886%
Working Capital - beginning 8,967,451 8,967,451 100% 7,512,872 19%
Working Capital - ending 12,679,11 8,353,141 152OA: 7,574,88: 67%
FundReport6-2005NGEN 7/28/200511:41 AM
CITY OF UNIVERSITY PARK, TEXAS
FUND REPORT
FISCAL YEAR-TO-DATE
AS OF JUNE 30, 2005
UTILITY FUND BU DG ET BUDGET %
ACTUAL AS ADOPTED AS AMENDED YTO% PRIOR YEAR CHANGE
Revenues
Water Sales 3,478,257 5,592,625 5,592,625 62% 3,586,446 -3%
Wastewater Fees 3,109,337 3,873,450 3,873,450 80% 3,293,547 -6%
stormwater Fees 377,809 501,156 501,156 75% 257,550 47%
Interest Earnings 61,958 250,000 250,000 25% 4,914 1161%
Auction/Other 8,114 5,600 5,600 145% 1,255 546%
Total Revenues 7,035,475 10,222,831 10,222,831 69% 7,143,712 -2%
Expenditures
Utility Office 3,822,123 5,760,061 5,760,061 66% 3,340,750 14%
Utilities 1,926,483 2,912,965 2,952,965 65% 1,849,039 4%
Transfers, Budgeted 1,462,948 1,950,598 1,950,598 75% 3,118,245 -53%
Total Expenditures 7,211,554 10,623,624 10,663,624 68% 8,308,035 -13%
Excess/(deficiency) of revenues (176,080) (400,793) (440,793) nfa (1,164,322) -85%
Transfers, Special nfa
Net change in fund balance (176,080) (400,793) (440,793) nfa (1,164,322) -85%
Working Capital - beginning 6,275,926 6,275,926 6,275,926 100% 6,969,072 -10%
Working Capital - ending 6,099,846 5,875,133 5,835,133 105% 5,804,750 5%
SANITATION FUND BUDGET BU DG ET %
ACTUAL AS ADOPTED AS AMENDED YTO% PRIOR YEAR CHANGE
Revenues
Refuse Collection 1,359,417 1 ,862,950 1 ,862,950 73% 1 ,369,428 -1%
Recycling Charges 148,491 210,000 210,000 71% 154,326 -4%
Yard Waste Bag Sales 57,137 77,000 77 ,000 74% 55,989 2%
Brush/Special Pickup Fee 57,007 62,500 62,500 91% 62,766 -9%
Interest 10,052 18,000 18,000 56% 4,286 135%
Auction/Other 3,085 1,000 1,000 308% 3,171 -3%
Total Revenues 1 ,635,188 2,231,450 2,231,450 73% 1,649,966 -1%
Expenditures
Sanitation Dept. 1,674,525 2,664,806 2,664,806 63% 1,632,522 3%
Total Expenditures 1,674,525 2,664,806 2,664,806 63% 1,632,522 3%
Excess/(deficiency) of revenues (39,337) (433,356) (433,356) 9% 17,444 -326%
Transfers nfa
Net change in fund balance (39,337) (433,356) (433,356) 9% 17,444 -326%
Working Capital - beginning 644,541 644,541 644,541 100% 723,333 -11%
Working Capital - ending 605,204 211,185 211,185 287% 740,777 -18%
FundReport6-2005NUTIL_SAN7/28/200511:44 AM
CITY OF UNIVERSITY PARK, TEXAS
FUND REPORT
FISCAL YEAR- TO-DATE
AS OF JUNE 30, 2005
ICAPITAL PROJECTS FUND
ACTUAL
Revenues
Transfers from GF and UF (budgeted) 3.557.823
Investment income 190.137
Other 40.000
Total Revenues 3.787.960
Expenditures
Personnel (Civil Engineer) 65.799
Life-to-Date
Projects: Expends. Estimated Cost Revenues Balance
13110 3-1-1 system 7.444 7.444 45.000 (7.444)
21500 Smith Park lighting/playground 8.743 11.044 20.000 11.044
21800 Northwest Parkway wall 37.805 56.368 1.860.000 1.688.289 1.631.921
22200 Playground renovations 43.612 212.518 225.000 223.322 10.804
32600 Police in-car camera upgrade 9.970 107.152 100.000 100.000 (7.152)
32900 Outdoor warning siren upgrade 10.000 10.000 250.000 250.000 240.000
41270 GIS/Public Works mgmt software 62.953 365.970 400.000 381.730 15.760
41500 MPY: Lovers(Golf)/Turtle Creek (OLD)** 5.290 2.847.644 2.997.294 2.842.354 (5.290)
42691 Asphalt overlay program 2002-03 (OLD)** 6.785 551.385 610.000 542.353 (9.033)
42692 Asphalt overlay program 2003-04 442.506 442.506 541.059 541.059 98.553
42730 Lovers Lane II reconstruction 3.049.660 5.350.718 4.660.000 3.972.480 (1.378.238)
42991 Curb & gutter replacement 2002-03 754.604 1.203.805 1.713.550 1.713.550 509.745
42993 Curb & gutter replacement 2004-05* 894.496 (223.624) (223.624)
43610 Transfer station renovation 36.068 36.068 358.900 (36.068)
43700 City Hall renovation 333.335 795.483 11 .250.000 5.002.522 4.207.039
43710 City Hall renovation II: creekwork 20.237 20.237 3.000.000 2.200.000 2.179.763
43730 City Hall renovation IV: Goar Park/Creek 30.422 30.422 750.000 (30.422)
45600 Infiltration/inflow remediation 3.220 42.158 45.000 35.718 (6.440)
46310 Caruth Park drainage/utility improvements 1 .036.278 1.144.930 2.135.000 2.135.000 990.070
47100 MPY 4100-4500 Shenandoah/Stanhope 21.500 66.000 1.207.000 84.000 18.000
48400 Fondren water tower interconnect 30.253 68.633 1.200.000 (68.633)
Total projects 5.950.683 13.370.484 34.262.299 21.499.797 8.129.313
Total Expenditures 6.016.482
Excess/(deficiency) of revenues (2.228.522)
Transfers. Special
Net change in fund balance (2.228.522)
Working Capital - beginning 16.902.342
Working Capital - ending 14.673.820
* All Project 42993 revenue is earmarked for Lovers Lane Reconstruction II and City Hall Renovation projects.
**OLD: Projects 41500 and 42691 are considered complete but have some occasional activity.
FundReport6-2005N CAP PROJECTS ACTIVITY 7/28/2005 11:46 AM
CITY OF UNIVERSITY PARK, TEXAS
FUND REPORT
FISCAL YEAR-TO-DATE
AS OF JUNE 30, 2005
ISELF-INSURANCE FUND %
ACTUAL PRIOR YEAR CHANGE
Revenues
Interest Earnings 68,550 55,340 24%
Interfund Contribution 1,921,562 1,746,842 10%
Total Revenues 1,990,112 1,802,182 10%
Expenditures
Employee Health 844,216 1,067,505 -21%
Workers Compensation 193,816 209,450 -7%
Mise Claims 10,704 (40,455) 126%
Premiums 203,451 169,561 20%
Other/Administration 56,520 61,123 -8%
Total Expenditures 1,308,706 1,467,183 -11%
Excess/(deficiency) of revenues 681,406 334,999 103%
Transfers
Net change in fund balance 681,406 334,999 103%
Working Capital - beginning 4,571,262 5,120,372 -11%
Working Capital - ending 5,252,668 5,455,371 -4%
IEQUIPMENT SERVICE FUND %
ACTUAL PRIOR YEAR CHANGE
Revenues
Interfund Contribution 989,732 986,501 0%
Interest Earnings 78,506 46,762 68%
Auction/Other 11,363 11,563 -2%
Total Revenues 1,079,601 1,044,825 3%
Expenditures
Garage 438,114 454,792 -4%
Warehouse 143,012 125,126 14%
Capital Expenditures 277,764 820,099 -66%
Total Expenditures 858,890 1,400,016 -39%
Excess/(deficiency) of revenues 220,711 (355,191) 162%
Transfers
Net change in fund balance 220,711 (355,191) 162%
Working Capital - beginning 5,590,362 5,757,796 -3%
Working Capital - ending 5,811,073 5,402,605 8%
FundReport6-2005NINTERNAL SERVICE7/28/200511 :50 AM
CITY OF UNIVERSITY PARK, TEXAS
QUARTERLY INVESTMENT REPORT
April- June 2005
Submitted by authorized investment officers
In accordance with
The Public Funds Investment Act and
City of University Park investment policy
Kent R. Austin, Director of Finance
Thomas W Tvardzik, Controller
Bob Livingston, City Manager
Prepared by Finance Department
July 27,2005
CITY OF UNIVERSITY PARK, TEXAS
July 27, 2005
TO: Honorable Mayor and City Council
City Manager
Finance Advisory Committee
FROM: Kent Austin, Director of Finance
SUBJ: Quarterly investment report - April-June 2005
Introduction
The City's total portfolio decreased from $53.1 million to $48.9 million during the third quarter
of the 2005 fiscal year. This decrease is consistent with the pattern of past years and occurs after
the influx of property tax payments during the January-March quarter.
Short-term interest rates continued to rise, helping to boost the City portfolio's weighted average
yield from 2.42% to 2.89%. Other quarterly average yield changes included: TexPool +51 basis
points (bps); three-month T -bill +34bps; six-month T-bill +31bps; and the two-year T-note
+ 10bps. The chart below depicts the yield movement for the City portfolio, TexPool, three-
month T -bill, and two-year T -note over the past two years.
INVESTMENT YIELDS,
LAST EIGHT QUARTERS 2003-2005
4.000%
3.500%
3.000%
"C
0; 2.500%
">.
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~ 2.000%
"C
~
:E
Cl 1.500%
"~
;:
1.000%
0.500%
0.000%
9/30/03 12/31/03 3/31/04
portfolio 1.744% 1.757% 1.618%
___ T exPool 1.044% 1.032% 1.025%
__91-day T-8ill 0.959% 0.934% 0.933%
___ 2-yr T -Note 1.748% 1.792% 1.708%
6/30/04
1.610%
1.034%
1.103%
2.531%
9/30/04 12/31/04 3/31/2005 6/30/2005
1.761% 2.065% 2.416% 2.894%
1.403% 1.877% 2.415% 2.925%
1.532% 2.056% 2.601% 2.944%
2.637% 2.885% 3.534% 3.638%
Current market conditions and economic developments
At its May 3 and June 30 meetings, the Federal Reserve Open Market Committee voted to raise
the federal funds rate 25 bp, producing a combined increase from 2.75% to 3.25%. These
Page 1 of 4
increases were expected and were priced into investments in advance of the actual meeting
outcomes. Scott McIntyre of First Southwest Asset Management wrote that "the biggest story of
the quarter was long-term interest rates, which continued to fall even as Fed officials increased
short-term rates at the ninth consecutive Fed meeting. To some degree, this probably reflects the
markets' confidence in the Fed's ability to keep inflation in check as well as faith that Congress
and the Administration will eventually gain control of the rising Federal budget."
The Treasury yield curve continued to flatten, with short term rates rising more sharply than long
term rates. The chart below clearly displays the trend toward rising short-term interest rates over
the past year.
u.s. TREASURY YIELDS
LAST FOUR QUARTERS 2004-06
4.500%
4.000%
1.500%
3.500%
3.000%
2.500%
2.000%
1.000%
0.500%
0.000%
9/30/04
12/31/04 3/31/2005 6/30/2005
2.056% 2.601% 2.944%
2.307% 2.882% 3.191%
2.885% 3.534% 3.638%
3.517% 3.810% 3.880%
-+-91-dayT-Bill 1.532%
182-dayT-Bill 1.797%
__ 2-yr T-Note 2.637%
-+-5-yrT-Note 3.541%
Investment strategies employed in most recent quarter
As described in recent quarterly reports, the trend of rising interest rates prompted the City to
keep new investments short. Even so, the City's Weighted Average Maturity (W AM) actually
increased, from 153 days to 201 days during the quarter. This change results not so much from
purchasing longer duration securities but rather a reduction in overnight pool holdings, from
$19.6 million to $12.3 million.
Activity during the quarter included $24.8 million in new investment and $29.0 million in
redemptions. The portfolio mix changed so that pool balances decreased from 40.6% to 31.3%,
while CD's increased 1.8% and agency securities holdings rose from 39.5% to 47.1 %. The
below table summarizes the types of activity during the quarter, including pool deposits and
withdrawals:
Page 2 of 4
Category Called Redeemed Acquired
Investment pools nla $13.9 million $7.6 million
U.S. Treasuries nla $0 $0
U.S. agencies $0 $2 million $4 million
CD's nla $13.1 million $13.2 million
Total $0 $29.0 million $24.8 million
As the chart below shows, the continued upswing in interest rates is good news for the City's
portfolio earnings, which rose over $90,000 from the previous quarter. At the same time, rising
rates lead to an unrealized loss in portfolio value, because City investments at fixed rates become
less valuable as rates rise elsewhere. Due to the City's buy-and-hold approach, however, this
loss in value remains unrealized, and the City receives full face value on all its holdings at
maturity. In other words -unrealized losses are more than offset by the realized gains in interest
Income.
CITY QUARTERLY INVESTMENT INCOME
LAST EIGHT QUARTERS 2003-06
$400,000
$350,000
$-
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
INVEST. INCOME
Portfolio description and conformance to Policy regarding diversification and term
With the reduction in pool balances, the City portfolio's weighted average maturity (W AM)
increased from 153 days to 201 days. Holdings in all asset categories (Treasuries, agencies,
CD's, and investment pools) stayed well within the investment policy's asset allocation
requirements. The chart below displays the City's portfolio composition over the past year.
Page 3 of 4
100.0%
90.0%
80.0%
70.0%
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%
CITY PORTFOLIO COMPOSITION
PAST FOUR QUARTERS 2004-06
9/30/04
12/31/04 3/31/2005 6/30/2005
33.6% 40.6% 31.3%
18.7% 19.8% 21.6%
47.7% 39.5% 47.1%
0.0% 0.0% 0.0%
o Investment pools 29.3%
OeD's 19.3%
III u.s. Agencies 51.4%
IJiII U.S. Treasuries 0.0%
Anticipated investment conditions
During the July-September 2005 quarter, $6.1 million of agencies will mature, as will a $1
million TexasTERM holding. Scott McIntyre observed that there are currently "two opposing
forces dramatically affecting the financial markets - historically low lending rates and
historically high oil prices. . . The fact that these two, largely unpredictable issues will dictate
market direction in the coming months ensures that even the experts will be left scratching their
heads. Valid arguments can be made in favor of above trend growth or recession in the coming
year." McIntyre noted that despite the uncertainty, interest rate forecasts have held steady - "the
latest Bloomberg survey of 22 Primary Dealers shows that 18 expect the funds rate to hit at least
3.75% by year end, while half are calling for 4% or more."
The anticipation of rising rates suggests that any new City investment should stay short term, so
that maturing funds may be reinvested at higher rates. Jeff Flynn of TRACS Investments also
expects at least another 25 bp interest rate hike at the September Fed meeting and advised public
funds investors to continue to roll three- to six-month agency discount notes. City staff will
continue to keep pool balances and short-term agency holdings as the majority of the portfolio
while rates continue their expected rise. Staff will likely concentrate on purchasing investments
for terms of six months or less during the quarter.
Page 4 of 4
CITY OF UNIVERSITY PARK, TEXAS
INVESTMENT PORTFOLIO SUMMARY REPORT
QUARTER ENDED JUNE 30,2005
End of quarter market value $ 48,978,548
End of quarter book value 49,096,241
Unrealized gain/(Ioss) $ (117,692)
End of quarter market value $ 48,978,548
Beqinninq of quarter market value 53,105,170
Change in market value $ (4,126,622)
End of quarter book value $ 49,096,241
Beqinninq of quarter book value 53,308,458
Change in book value $ (4,212,218)
Weighted average maturity (WAM) in days (max. 548)
Current period WAM
Prior period WAM
Change in WAM
201
153
48
City investment portfolio performance
Average yield for period
Average yield for prior period
Basis points change
2.89%
2.42%
48
Benchmark performance - 91-day U.S. Treasury bill average
April - June 2005
January - March 2005
Basis points change
2.94%
2.62%
33
City portfolio basis points above/(below) benchmark
Asset Category
U.S. Treasuries
U.S. Agencies
Certificates of Deposit
Investment pools
Current Quarter
0%
47%
22%
31%
100%
Maximum Allowed
100%
60%
30%
50%
In compliance?
Yes
Yes
Yes
Yes
NOTE: THE CITY'S PRACTICE IS TO HOLD INVESTMENTS TO
MATURITY, THUS AVOIDING ACTUAL DOLLAR LOSSES ON
SECURITIES WHOSE MARKET VALUE FLUCTUATES FROM
MONTH TO MONTH.
CUP2Q2005 06302005 F.xls SUMMARY PAGE 7/28/200511:06 AM
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CITY OF UNIVERSITY PARK, TEXAS
INVESTMENT PORTFOLIO
6/30/2005
TYPE
INVESTMENT POOLS
TexPool N/A VARIOUS 6,931,126 2.925% 6,931,126 11,517,028 11,517,028 6,931,126 6,931,126
TexSTAR N/A VARIOUS 5,422,749 2.910% 5,422,749 8,147,571 8,147,571 5,422,749 5,422,749
TexasTERM Series H 2.25% 11/16/2004 4/5/2005 CAP PROJ 1,000,000 2.250% 1,000,000 1,000,000 1,000,000 0 0
TexasTERM Series H 2.33% 11/16/2004 5/15/2005 CAP PROJ 1,000,000 2.330% 1,000,000 1,000,000 1,000,000 0 0
TexasTERM Series H 2.82% 4/5/2005 6/7/2005 CAP PROJ 1,008,630 2.820% 1 ,008,630 0 0
TexasTERM Series I 3.03% 4/1/2005 7/1/2005 GENERAL 1,000,000 3.030% 1,000,000 1,000,000 1,000,000
TexasTERM Series I 3.33% 6/7/2005 12/5/2005 CAP PROJ 1,013,540 3.330% 1,013,540 1,013,540 1,013,540
TexasTERM Series I 3.28% 5/15/2005 11/17/2005 CAP PROJ 1,011,554 3.280% 1,011,554 1,011,554 1,011,554
TOTAL INVESTMENT POOLS 21,664,599 21,664,599 15,378,969 15,378,969
CERTIFICATES OF DEPOSIT
Texas Capital Bank 2.70% 2/1/2005 4/4/2005 GENERAL 1,000,000 2.7000% 1,000,000 1,000,000 1,000,000 0 0
Texas Capital Bank 2.75% 3/1/2005 4/6/2005 GENERAL 1,526,847 2.7500% 1,526,847 1,526,847 1,526,847 0 0
Bank ofTexas 1.30% 3/25/2004 4/25/2005 GENERAL 1,000,000 1 .3000% 1,000,000 1,000,000 1,000,000 0 0
Texas Capital Bank 3.00% 4/4/2005 5/4/2005 CAP PROJ 1,004,650 3.0000% 1,004,650 0 0
Texas Capital Bank 3.00% 3/24/2005 5/4/2005 GENERAL 3,033,976 3.0000% 3,033,976 3,033,976 3,033,976 0 0
Texas Capital Bank 3.00% 4/6/2005 6/22/2005 GENERAL 1,531,046 3.0000% 1,531,046 0 0
Texas Capital Bank 3.3% 5/4/2005 6/23/2005 GEN/CPF 4,051,504 3.3000% 4,051,504 0 0
Texas Capital Bank 3.50% 6/22/2005 10/20/2005 GENERAL 1,540,870 3.500% 1,540,870 1,540,870 1,540,870
Bank ofTexas 1.57% 3/25/2004 11/28/2005 GENERAL 1,000,000 1.5700% 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000
Texas Capital Bank 3.6% 6/23/2005 12/22/2005 GEN/CPF 4,070,073 3.6000% 4,070,073 4,070,073 4,070,073
Amegy Bank CD 3.687% 6/21/2005 6/21/2006 CAP PROJ 1,000,000 3.750% 1,000,000 1,000,000 1,000,000
Texas Capital Bank 2.75% var 2/4/2005 2/3/2006 SELF-INSUR 3,000,000 2.7500% 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000
TOTAL CERTIFICATES OF DEPOSIT 10,560,824 10,560,824 10,610,944 10,610,944
TREASURIES
n/a 0.000%
TOTAL TREASURIES
AGENCIES/MUNIS
FHLMC non-callable 2% 5/20/2004 6/14/2005 CAP PROJ 1,000,000 1.999% 1,000,050 1,000,010 997,120
FHLB bullet 1.625% 3/24/2004 6/15/2005 GENERAL 1,000,000 1.228% 1,004,860 1,000,824 997,190
FHLB discount 3/31/2005 7/5/2005 SELF-INSUR 1,000,000 3.004% 992,160 992,160 992,160 999,592 999,600
Fannie Mae discount 3/30/2005 7/6/2005 GEN/EQ SVCE 3,000,000 3.025% 2,975,877 2,976,123 2,975,400 2,998,523 2,998,500
Texas Tech Univ 4.58% 4/16/2004 8/15/2005 GENERAL 100,000 1.850% 103,619 101,020 100,438 100,343 100,156
FFCB callable 2.10% 8/25/2003 8/25/2005 SELF-INSUR 1,000,000 2.100% 1,000,050 1,000,010 995,940 1,000,004 997,810
FNMA bullet 1.875% 8/22/2003 9/15/2005 GENERAL 1,000,000 1.952% 998,488 999,663 993,440 999,846 996,560
FFCB non-callable 2.7% 3/25/2004 10/3/2005 CAP PROJ-E 1,000,000 1.250% 1,018,952 1,006,329 996,250 1,003,232 998,130
FNMA bullet 2.375% 5/28/2004 12/15/2005 EQUIP SVCS 1,000,000 2.350% 1,000,430 1,000,197 991,560 1,000,128 994,690
FHLB callable (NC9mo) 1.625' 3/30/2004 12/30/2005 CAP PROJ-E 1,000,000 1 .440% 1,000,050 1,000,021 985,630 1,000,014 990,310
Fannie Mae bullet 2.0% 3/24/2004 1/15/2006 SELF-INSUR 1,000,000 1.550% 1 ,008,020 1,003,513 987,500 1,002,411 991,250
FHLMC callable 2.10% 2/17/2004 2/17/2006 GENERAL 1,000,000 2.040% 1,000,050 1,000,022 985,870 1,000,016 990,040
Fannie Mae callable (NC1 yr) 1 3/30/2004 3/30/2006 EQUIP SVCS 1,000,000 1.750% 1,000,050 1,000,025 980,310 1,000,019 985,630
FHLB callable 1.82% 4/12/2004 4/12/2006 CAP PROJS 1,000,000 1.820% 1,000,050 1,000,026 980,310 1,000,020 985,630
Fannie Mae bullet 2.25% 3/25/2004 5/15/2006 UTI L1TY 1,000,000 1.670% 1,012,177 1,006,393 983,130 1,004,974 987,190
Fannie Mae step-up 3.05% 12/29/2003 6/29/2006 CAP PROJ 1,000,000 2.000% 1,000,050 1,000,025 990,310 1,000,020 991,880
FHLB step up non-call. 3.0% 1/13/2004 7/13/2006 GENERAL 1,000,000 3.000% 1,000,050 1,000,026 989,380 1,000,021 992,190
Fannie Mae non-callable 3.62~ 3/9/2005 3/15/2007 UTI L1TY 1,000,000 3.810% 996,496 996,601 992,190 997,034 997,190
FHLB callable 4.05% 4/13/2005 4/13/2007 CPJ/EQ SVCS 2,000,000 4.050% 2,000,050 2,000,045 2,004,380
FHLB callable 4.28% 4/27/2005 4/27/2007 GENERAL 2,000,000 4.050% 2,000,050 2,000,046 2,007,500
FHLB callable (NC 1yr) 3.75% 3/7/2005 9/7/2007 GENERAL 2,000,000 3.750% 2,000,050 2,000,049 1,965,620 2,000,044 1,980,000
TOTAL AG ENCI ES 21,083,036 20,879,748 23,106,328 22,988,636
TOTAL CITY INVESTMENTS 2.894% 53,308,459 53,105,170 49,096,241 48,978,548
This report complies with the requirements of the City's Investment Policy and the Public Funds Investment Act.
CUP2Q2005 06302005 F.xls TOTAL 7/28/200511 :09 AM
19
PARK ADVISORY BOARD
MEETING MINUTES
July 12, 2005
The Park Advisory Board of the City of University Park met on Tuesday, July 12,
2005 at 4:00pm at the Peek Service Center, 4420 Worcola St. Dallas, Texas.
The following are the minutes of that meeting.
Committee Members Attending:
William Pardoe - Chairman
J. Mac Fuller
Secretary
Julia Baltser
Lucy McRae
James Roberts
Staff Members Attending:
Gerry Bradley - Parks Director
Amber Lively - Administrative
Absent & Excused:
Bruce Collins
Liz Farley
Darrell Lane
Jacky Spears
Also present at the meeting were representatives from the Highland Park Girl's
Lacrosse Program Stephen Kent, Frank Seaka, and Stephen Mcintosh as well
as several team members.
The meeting was also attended by Walt Humann and Jim Phillips both of the
Lovers Lane Improvement Committee.
Call to Order
The meeting was called to order by Mr. Pardoe. Minutes from the May meeting
of the Park Board were approved by all members present.
Reports
1. Request - Hiqhland Park Girls Lacrosse Proqram
Representatives were on hand to request the use of Germany Park for the
spring 2006 lacrosse season. The field would be utilized primarily for any
of the program's home games. These would be held on either Saturday or
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
Parks Department Weekly Update - Parks - July 15 -July 22, 2005
Sunday with an occasional game during the week. The program currently
has over a 100 girls which are divided among four teams. All players are
residents of the Park Cities. It is the opinion of staff and the board that
Germany would be the best location for the program due to the nature of
the sport. All board members present agreed that the group should be
allowed use of the Germany field as long as it does not conflict with the
school district functions. Mr. Bradley advised that the girl's lacrosse
program consult with the school district on scheduling of the field. It is
also his recommendation that a meeting take place between the school
district and the city to discuss field usage and athletic programs.
2. Update - Lovers and Hillcrest Median/Park Area Desiqns
Mr. Bradley presented board members with the preliminary designs for
the medians along Lovers at Hillcrest. Also included with the designs was
the cost estimate for installing the plant material. It is the opinion of staff
that these plants can be purchased at a better price than the given
estimate. The funding for these medians is available through the Lovers
Lane Improvement Project. The main concern among board members was
the size of the color beds. Mr. Bradley indicated that he would handle this
concern. Mr. Humann and Mr. Phillips spoke to board members regarding
their ideas for the completion of the Lovers Lane aesthetic enhancement
program. Their main goal is to install decorative entryways at the main
entrances into University Park. The two pocket parks at Lovers and
Hillcrest are also on their list of projects which need to be completed. Mr.
Pardoe explained that the Lovers/Hillcrest intersection is the immediate
goal of the park board, but expressed that the board would be interested
in being involved in any additional aesthetic improvements planned along
Lovers Lane. Mr. Bradley indicated that the board will discuss
entranceway beautification during the August 2005 board meeting.
3. Memorial Tree and Bench Proqram
Mr. Bradley began by briefing board members on the current program for
memorializing people's loved ones. Currently, residents can purchase a
bench which is placed in a park area atop an inscribed piece of stone, or
they can purchase a tree to be planted in a park area along with a plaque
which is usually situated on the ground under the tree. Staff has many
concerns for the continuation of this program. These include vandalism of
plaques, park aesthetics, inventory control and maintenance. Staff is
recommending the continuation of the bench aspect of the program, and
the implementation of a new memorial to replace the tree and plaque
program. The new program would involve the installation of a permanent,
symbolic memorial tree that would be placed at City Hall. The memorial
tree is composed of brass leaves that can be engraved with the loved
one's name (see attached). In addition to the leave, the buyer would also
purchase a tree to be planted in a recommended location by the Parks
Department. The engraved leave on the memorial tree would replace the
plaque normally installed in the ground around the tree. Park board
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
Parks Department Weekly Update - Parks - July 15 -July 22, 2005
members expressed several concerns regarding the new memorial tree
plan. Board members would like for staff to research alternatives to the
memorial tree and report back with their findings.
Work in Progress
Mr. Bradley included a brief outline of current projects being completed by
the Parks Department. This information was included in the agenda
packet mailed to board members.
Adjournment
There being no further business of the Park Board, the meeting was
adjourned by Mr. Pardoe.
William Pardoe, Chairman
Park Advisory Board
Date
*Note: Signed copy from Mr. Bill Pardoe is on file at the Parks Department.
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
Parks Department Weekly Update - Parks - July 15 -July 22, 2005