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2011.06.21 City Council Agenda
CITYOFUNIVERSITYPARK REGULARCITYCOUNCILMEETING LOCATION:CITYHALLCOUNCILCHAMBER AGENDA#2816 JUNE21,2011 CALLTOORDER:5:00P.M. 2:00-3:00P.M.CEREMONY:TheCouncilwillattendtheDedicationandOpeningoftheBooster PumpStationandGermanyPark,6401LomoAltoDr. 3:00-4:00P.M.DISCUSS:UNIVERSITYPARKCIVICFOUNDATIONBOARDOFDIRECTORS willmeettodiscusspossiblefundraisingmethodsfortheCivicFoundation'sCity employeechildren'scollegescholarshipfund.CouncilmembersGrable,Clarkand StewartwillbeinattendanceasmembersoftheBoardofDirectorsandothersmay bepresentasnon-votingmembers.ExecutiveConferenceRoom,CityHall. 4:00-5:00P.M.WORKSESSIONFORAGENDAREVIEW:CouncilConferenceRoom,CityHall. TOSPEAKONANAGENDAITEM AnyonewishingtoaddresstheCouncilonanyitemmustfilloutagreen“RequesttoSpeak”formand returnittotheCitySecretary.WhencalledforwardbytheMayor,beforebeginning theirremarks,speakers areaskedtogotothepodiumandstatetheirnameandaddressfortherecord. I.CALLTOORDER A.INVOCATION:HumanResourcesDirectorLuanneHanford B.PLEDGEOFALLEGIANCE:HumanResourcesDirectorLuanneHanford/Boy Scouts C.INTRODUCTIONOFCOUNCIL:MayorW.RichardDavis D.INTRODUCTIONOFSTAFF:CityManagerBobLivingston II.AWARDSANDRECOGNITION A.PROCLAMATION:torecognizePoolManagerBonnerMorren - Bradley Pg 3 B.PROCLAMATION:tocongratulateUniversityParkresidentHarrisonFrazar forwinningthePGA'sFedExSt.JudeClassic - Mace Pg 5 C.PROCLAMATION:torecognizeresidentRickCarlisle,headcoachoftheDallas Mavericks,congratulatinghimontheteam'sNBAChampionship - Mace Pg 7 III.CONSENTAGENDA A.CONSIDERANDACT:onYMCARequesttoConduct4thAnnualKidsTriathlon - Adams Pg 9 B.CONSIDERANDACT:onfinalpaymenttoCPS-Civil,LLCforconstructionofa 24"watermainalongRolandAvenue - Smallwood Pg 12 C.CONSIDERANDACT:onaresolutionamendingtheCity'sInvestmentPolicy - Austin Pg 16 D.CONSIDERANDACT:onapprovalofminutesoftheJune 7,2011CityCouncil Meeting - Spector Pg 48 Page 1 of 125 IV.MAINAGENDA A.PUBLICHEARING:regardingtheCity'sStormWaterManagementProgram (SWMP) - Speer Pg 55 B.CONSIDERANDACT:onadoptionofrevisedCodeofOrdinances - Spector Pg 56 C.CONSIDERANDACT:onanordinanceamendingArticle4.800UniversityPark CodeofOrdinancesregardingspecialevents - Corder Pg 87 D.DISCUSS:BrandedRetailEnergyconceptforParkCitiesPoweraffinityenergy marketingprogram - Austin Pg 92 E.CONSIDERANDACT:onacontractwithPSA-DewberryInc.fordesignofinterior spacefinishoutoftheUniversityParkPublicLibrary - Livingston Pg 94 V.PUBLICCOMMENTS AnyonewishingtoaddressanitemnotontheAgendashoulddosoatthistime.Pleasebe advisedthatundertheTexasOpenMeetingsAct,theCouncilcannotdiscussoractatthis meetingonamatterthatisnotlistedontheAgenda.However,inresponsetoaninquiry,a Councilmembermayrespondwithastatementofspecificfactualinformationora recitationofexistingpolicy.ItistheCouncil’spolicytorequestthatcitizensnotaddress itemsthatarecurrentlyscheduledforafutureagendaorpublichearing.Instead,theCouncil requeststhatcitizensattendthatspecificmeetingtoexpresstheiropinions,orcommentto theCouncilbye-mailatCity-Council@uptexas.orgorletteraddressedtotheMayorand Councilat3800UniversityBlvd.,UniversityPark,Texas75205.Otherquestionsorprivate commentsfortheCityCouncilorStaffshouldbedirectedtothatindividualimmediately followingthemeeting. AsauthorizedbySection551.071(2)oftheTexasGovernmentCode,thismeetingmaybeconvened intoClosedExecutiveSessionforthepurposeofseekingconfidentiallegaladvicefromtheCity AttorneyonanyAgendaitemslistedherein. Page 2 of 125 AGENDAMEMO (6/21/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:GerryBradley,ParksDirector SUBJECT:PROCLAMATION:torecognizePoolManagerBonnerMorr en BACKGROUND: TheCityexperiencedanemergencysituationatthe HolmesAquaticCenteronMonday, July13atabout7:45p.m.whenayoungchildwasp ulledfromthewaterunresponsive. PoolmanagerBonnerMorrenimmediatelybeganadmini steringCPRtotheboy,while otherpersonnelcontacted911.Theboywasresuscit atedbyBonnerandtransportedby emergencypersonneltothehospital.Theboyisexp ectedtomakeafullrecovery. RECOMMENDATION: StaffwishestocommendlifeguardBonnerMorrenfor hisquickandprofessional responsetothisemergencysituation. ATTACHMENTS: BonnerMorrenProc Page 3 of 125 Page 4 of 125 AGENDAMEMO (6/21/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:SteveMace,CommunityInformationOfficer SUBJECT:PROCLAMATION:tocongratulateUniversityParkresidentHarrisonF razar forwinningthePGA'sFedExSt.JudeClassic BACKGROUND: OnJune12,2011HarrisonFrazarwonhisfirstPGA Tourtitle,theFedExSt.JudeClassic,onthe thirdholeofaplayoff.AgraduateofHighlandPa rkHighSchool,Frazarwontwostatetitlesandwas athree-timeHonorableMentionAll-Americanasame mberoftheUniversityofTexasgolfteam. Frazar,hiswife,andthreechildrenresideinUniv ersityPark. ATTACHMENTS: FrazarAppreciatiionProc Page 5 of 125 Page 6 of 125 AGENDAMEMO (6/21/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:SteveMace,CommunityInformationOfficer SUBJECT:PROCLAMATION:torecognizeresidentRickCarlisle,headcoachof theDallas Mavericks,congratulatinghimontheteam'sNBACha mpionship BACKGROUND: RickCarlislewonanNBAChampionshipasaplayerw iththeBostonCelticsin1986.Asahead coachwiththeDetroitPistons,IndianaPacersand DallasMaverickshehasguidedhisteamsto multipleplayoffappearances.In2002,whilewith DetroithewonNBACoachoftheYearhonors. OnJune12,2011hecoachedtheDallasMavericksto anNBAChampionship.Rick,hiswifeand daughterliveinUniversityPark. ATTACHMENTS: RickCarlisleProclamation Page 7 of 125 Page 8 of 125 AGENDAMEMO (6/21/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:GaryW.Adams,ChiefofPolice SUBJECT:CONSIDERANDACT:onYMCARequesttoConduct4thAn nualKidsTriathlon BACKGROUND: TheYMCAhasrequestedpermissiontousecitystree tsinandaroundtheneighborhoodsurrounding theYMCAtoconductthe"4thAnnualKidsTriathlon"onSunday,August7,2011,from7:00a.m.to 9:00a.m.Thetriathlonwillbeforkidsagesseve ntofourteenandismanagedbyPlayTriRace Services,aprofessionalorganizationthatconducts sanctionedraces.Theracewillbeginwiththe swimmingportionofthetriathlonattheYMCA,whic hwillbefollowedupbyabicycleraceand subsequentfootracethroughtheneighborhoodalong arouteapprovedbythepolicedepartment. TheYMCAplanstoadvertisethiseventinadvanceb ydistributingflyerstoallhomeownersalongthe routeoftheraceadvisingthemoftheevent.Ina ddition,allneighborsalongtheroutewillbenoti fied byletteroneweekpriortoracedate. Policeassistancewillbeprovidedwithinreasonof thedepartment’savailablemanpower.Race plannersalsointendtohaveanambulance(notaUn iversityParkambulance)stationedattheYMCA shouldonebeneeded. RECOMMENDATION: StaffrecommendsthattheCouncilapprovetheYMCA’srequesttousecitystreetsforthisevent. Sincethetimeofthetriathlonwillbeveryearly onaSundaymorning,thereshouldbenonegative affectonmanpowerortraffic ATTACHMENTS: PCYMCARaceMap PCYMCARaceRequestLetter Page 9 of 125 HILLCREST AVE NORMANDY AVE MCFARLIN BLVDMCFARLIN BLVD ROSEDALE AVE DANIEL AVEDANIEL AVE HIGH SCHOOL AVE KEY ST NORMANDY AVE GRASSMERE LN KEY ST WESTMINSTER AVE PRESTON PKWY DSOR PKWY SNIDER PLZ SHANNON LN MILTON ST TURTLE CREEK BLVD PRESTON RD ARLOS DR HOPE AVE DY AVE PRESTON RDWESTCHESTER DR W E S T C H E S T E R D R WESTMINSTER ST BOAZ LN GOLF DR HAYNIE AVE UNIVERSITY BLVD MCFARLIN BLVD DYER ST GRANADA AVE BINKLEY AVE GRANADA AVE POTOMAC AVE HUNTERS GLEN RD WESTWICK RD PARK ST N O R M A N D Y A V E S T A N D R E W S D R WESTWICK RD C O N N E R L Y D R ST ANDREWS DR LOVERS LN HYER ST EMERSON AVE UNIVERSITY BLVD GLENWICK LN DRUID LN WINDSOR AVE DOUGLAS AVE HUNTERS GLEN RD HIGH SCHOOL AVE PEYTON PKWY ATHENS ST RANKIN ST HURSEY ST DICKENS AVE U N I V E R S I T Y B L V D MCFARLIN BLVD BRENTWOOD ST BINKLEY AVE LOVERS LNLOVERS L N G O L F D R V A S S A R D R LOVERS LN LOVERSLANECIR T U R T L E C R E E K B L V D ST ANDREWS DRD O U G L A S A V E SHANNON LN OAH ST SHENANDOAH ST TH A C K E R Y S T RANKIN ST VASSAR DR WILLIAMS PKWY TURTLE CREEK LN MILTON ST ASBURY STASBURY ST HAYNIE AVE MT VERNON AVE HILLCREST AVE 65 0 0 61 0 0 64 0 0 71 0 0 3600 63 0 0 3400 6 1 0 0 62 0 0 60 0 0 70 0 0 64 0 0 6700 6900 3900 4100 3700 7 0 0 0 6400 4100 4100 4100 3400 3700 3600 3300 3600 35003600 3500 3300 3900 4100 39004000 4200 4100 4100 4100 4100 6800 3400 3900 3800 3500 6 0 0 0 4100 3400 4000 5 9 0 0 4000 3600 4200 3600 3500 4100 3900 3500 3600 3600 3900 4000 3800 3700 6 7 0 0 3800 3300 3400 3400 3400 3400 3400 3500 68 0 0 70 0 0 6 6 0 0 69 0 0 61 0 0 69 0 0 3400 3400 70 0 0 70 0 0 3300 4200 3300 35003700 4000 3500 6 7 0 0 59 0 0 60 0 0 62 0 0 63 0 0 65 0 0 66 0 0 66 0 0 67 0 0 68 0 0 69 0 0 70 0 0 66 0 0 62 0 0 6 8 0 0 6 9 0 0 61 0 0 65 0 0 71 0 0 64 0 0 60 0 0 62 0 0 63 0 0 64 0 0 65 0 0 68 0 0 70 0 0 4200 4200 4000 3300 6900 4200 4200 3500 3400 3400 3700 3800 City of University Park - 2011 YMCA 5K The City of University Park strives to provide timely, accurate data, but does not make any guarantee of accuracy. This data is continually under review and therefore subject to change without notice. Use of the information is the sole responsibility of the user. File: YMCA_5K Legend: YMCA_08Feb_V1 Rev: 1.0 2/19/08 Legend 2008 YMCA 5K CITY HALL/ FIRE DEPT HPISD SCHOOLS PARKS WATER WAYS Page 10 of 125 Page 11 of 125 AGENDAMEMO (6/21/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks SUBJECT:CONSIDERANDACT:onfinalpaymenttoCPS-Civil,LLCforconstructionofa 24"watermainalongRolandAvenue BACKGROUND: AttheirJuly6,2010meeting,theCityCouncilawa rdedacontractintheamountof$743,140toCPS- Civil,LLPforconstructionofa24"watermainalon gRolandAvenue,northfromMockingbirdtothe GermanyParkboosterpumpingstation.Withaconne ctiontoaDallasWaterUtilities36"mainin Mockingbird,thenewlinewillprovideanemergency watersupplytoUniversityParkintheeventthe DallasCountyParkCitiesMunicipalUtilitiesDistr ictisunabletoprovideservice.Engineering Divisionstaffinspectedtheinstallationtoinsure compliancewithplansandspecifications.Thefin al costoftheprojectconstructionwas$684,387.76. Acopyofthefinalpayestimatedetailingpriorpa yments,retainage,andfinalpaymentisattachedfo r theCouncil'sreview. RECOMMENDATION: StaffrecommendsCityCouncilapprovalofthefinal payestimatetothecontractorintheamountof $21,833.27. FUNDINGSOURCE: CAPITALPROJECTSFUND AcctNo:42.42.4420 ProjectNo:49000.2300 ATTACHMENTS: FINALPAYMENT49000 Page 12 of 125 PROJECT NO. 49000 ESTIMATE NO.Final Work Days This Month 0 CPS Civil LLC CONTRACT AMOUNT: $743,140.00 Previous Work Days0 1215 Crest Lane Drive Total Work Days 91 Duncanville, Texas 75137 PERIOD:Contract Work Days 165 PREVIOUSPREVIOUS THIS THIS PROJECT TOTAL BID DESCRIPTION UNIT CONTRACT CONTRACT COMPLETE COMPLETE MONTH'SMONTH'S QUANTITY TO ITEM UNIT PRICE QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT TO DATE DATE 1 Mobilization LS$35,000.00 1 $35,000.001.00$35,000.000.00 $0.001.00$35,000.00 2 Barricades, Signs and Traffic Handling MTH $1,700.00 9 $15,300.009.00$15,300.000.00 $0.009.00$15,300.00 3 Sawed Breakout line-Full Depth LF$5.00 325 $1,625.001732.00$8,660.000.00 $0.001732.00$8,660.00 4 Remove Existing 6" Reinf. Concrete Paving and Integral Curb SY $8.00 3000 $24,000.002876.96$23,015.680.00$0.002876.96$23,015.68 5 Remove Existing 4" +/- Reinforced Concrete Sidewalk SY $8.00 440 $3,520.00475.97$3,807.760.00$0.00475.97$3,807.76 6 Remove Existing 6" +/- Reinforced Concrete Driveway SY $8.00 100 $800.0044.59$356.7247.93$383.4492.52$740.16 7 Remove Existing 6" +/- Reinforced Concrete Alley Pavement SY $8.00 85 $680.0042.22$337.760.00 $0.0042.22$337.76 8 Remove Reinforced Concrete Alley Approach SY $8.00 85 $680.0094.32$754.560.00 $0.0094.32$754.56 9 Remove Existing 11" Reinforced Concrete Pavement w/ 6" Mono Curb SY $8.00 5 $40.007.50$60.000.00 $0.007.50 $60.00 10 Temporary Pavement Repair (2" HMAC and Recycled Concrete Mix Backfill and Compacted Selected Backfill) (Cost includes placement, maintenance, and removal) SY $15.00 1750 $26,250.00154.18$2,312.700.00$0.00154.18$2,312.70 11 Remove and Salvage Existing Fire Hydrant EA $300.00 5 $1,500.005.00$1,500.000.00 $0.005.00$1,500.00 12 Cut & Plug Existing 8" Water Mains (Concrete Plug)EA.$400.00 20 $8,000.0020.00$8,000.000.00$0.0020.00$8,000.00 13 Furnish and Install 36" Steel Encasement Pipe (0.500" Min. Wall Thickness) (depth to top of pipe +/- 11')LF $500.00 151 $75,500.00151.00$75,500.000.00 $0.00151.00$75,500.00 14 Flushing Hydrant Assembly With 6" Valve (Mueller A-412 or Approved Equal)EA $3,500.00 1 $3,500.001.00$3,500.000.00 $0.001.00$3,500.00 15 Furnish and Install 8" Ductile Iron Resilient Wedge Gate Valve EA $1,000.00 7 $7,000.007.00$7,000.000.00 $0.007.00$7,000.00 ADD4 Furnish and Install 12" Ductile Iron Resilient Wedge Gate Valve EA $2,000.00 1 $2,000.001.00$2,000.000.00 $0.001.00$2,000.00 16 Furnish and Install 24" Butterfly Valve, Including Reinforced Concrete Supports EA $10,000.00 1 $10,000.002.00$20,000.000.00 $0.002.00$20,000.00 17 Construct Fire Hydrant Assembly With 6" Valve EA $3,000.00 5 $15,000.005.00$15,000.000.00 $0.005.00$15,000.00 18 Connect to Existing 24" Water Line EA.$2,000.00 2 $4,000.002.00$4,000.000.00 $0.002.00$4,000.00 19 Connect to Existing 8" Water Line EA.$500.00 7 $3,500.007.00$3,500.000.00 $0.007.00$3,500.00 20 Trench Safety Design & Installation LS$4,000.00 1 $4,000.001.00$4,000.000.00 $0.001.00$4,000.00 21 System Test LS$2,000.00 1 $2,000.001.00$2,000.000.00 $0.001.00$2,000.00 22 4" Reinforced Concrete Sidewalk Class "A", 5 Sack, 3000 PSI@28 Days SY $30.00 440 $13,200.00475.97$14,279.100.00 $0.00475.97$14,279.10 23 6" Reinforced Concrete Driveway Class "C", 6 Sack, 3600 PSI@28 Days SY $36.00 100 $3,600.0092.52$3,330.720.00$0.0092.52$3,330.72 24 8"-5"-8" Reinforced Concrete Alley Class "C", 6 Sack, 3600 PSI@28 Days SY $50.00 85 $4,250.0042.50$2,125.000.00$0.0042.50$2,125.00 25 6" Reinforced Concrete Alley Approach Class "C", 6 Sack, 3600 PSI@28 Days SY $45.00 85 $3,825.0064.77$2,914.650.00$0.0064.77$2,914.65 MONTHLY ESTIMATE Water, Sanitary Sewer and Alley Improvements at Various Locations March 23 to May 1 SECTION 1 - 24" Water Main Along Roland Avenue from Mockingbird Lane to Alley North of Stanhope Page 1 of 3 Page 13 of 125 PREVIOUSPREVIOUS THIS THIS PROJECT TOTAL BID DESCRIPTION UNIT CONTRACT CONTRACT COMPLETE COMPLETE MONTH'SMONTH'S QUANTITY TO ITEM UNIT PRICE QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT TO DATE DATE ADD1 6" Reinforced Concrete Paving Class "C", 6 Sack, 3600 PSI@28 Days SY $40.00 3000 $120,000.002798.96$111,958.400.00$0.002798.96$111,958.40 ADD2 Compact Subgrade (95% Standard Proctor)SY $2.50 3350 $8,375.003237.99$8,094.980.00 $0.003237.99$8,094.98 26 6" Mono Reinforced Concrete Curb Class "C", 6 Sack, 3600 PSI@28 Days LF $2.00 3158 $6,316.002697.40$5,394.800.00 $0.002697.40$5,394.80 27 Replace Plant Material (Bermuda, St. Augustine, Asian Jasmine, or Other) (Contractor Must Replace w/ Same Plant Material) SY $6.00 1970 $11,820.001970.00$11,820.000.00$0.001970.00$11,820.00 28 Horizontal & Vertical Control LS$4,000.00 1 $4,000.000.50$2,000.000.50$2,000.001.00$4,000.00 29 Barrier-free Ramps (ADA Compliant) (Brick to be supplied by City of University Park)EA $1,350.00 7 $9,450.009.00$12,150.000.00 $0.009.00$12,150.00 30 Replace 11" Reinforced Concrete Pavement w/ 6" Mono Curb Class "C", 6.5 Sack, 4500 PSI@28 Days SY $300.00 5 $1,500.000.00$0.000.00$0.000.00 $0.00 31 Provide, install and Maintain Erosion Control Items (SWP3) per Special Specification LS $6,000.00 1 $6,000.000.80$4,800.000.20$1,200.001.00$6,000.00 32 Meter Vault Including Hatch, Spool, Fittings, Thrust Restraint, Meter Box Relocation, Control Valve Relocation, Vault, 1" Flush Point LS $8,000.00 1 $8,000.001.00$8,000.000.00 $0.001.00$8,000.00 33 Traffic Control Plan For Mockingbird Lane (Traffic Consultant shall Be Selected by University Park) (This Item considers Traffic Engineering cost only.) LS $7,500.00 1 $7,500.001.00$7,500.000.00 $0.000.00 $0.00 34 Temporary Cut & Plug Existing 8" Water Mains (Includes cost for Removing Plug )EA $1,200.00 6 $7,200.006.00$7,200.000.00 $0.006.00$7,200.00 35B 6" C900 PVC Pipe DR14 Class 305 w/ Poly Wrapped Fittings w/ Recycled Concrete Backfill and Embedment LF $40.00 100 $4,000.00100.00$400,000.000.00$0.00100.00$4,000.00 36B 8" C900 PVC Pipe DR14 Class 305 w/ Poly Wrapped Fittings w/ Recycled Concrete Backfill and Embedment LF $45.00 75 $3,375.0050.00$2,250.000.00$0.0050.00$2,250.00 37B 12" C900 PVC Pipe DR14 Class 305 w/ Poly Wrapped Fittings w/ Recycled Concrete Backfill and Embedment LF $50.00 35 $1,750.0035.00$1,750.000.00$0.0035.00$1,750.00 38B 24" C905 PVC Pipe DR18 Class 235 w/ Poly Wrapped Fittings w/ Recycled Concrete Backfill and Embedment LF $60.00 1990 $119,400.001749.00$104,940.000.00$0.001749.00$104,940.00 39B 24" C905 PVC Pipe DR18 Class 235 w/ Poly Wrap By Other Than Open Cut LF $70.00 151 $10,570.00151.00$10,570.000.00 $0.00151.00$10,570.00 $598,026.00 $3,583.44$556,766.27 40 Sawed Breakout line-Full Depth LF$5.00 300 $1,500.00100.00$500.000.00 $0.00100.00$500.00 41 Item Deleted $0.000.00$0.000.00 $0.000.00 $0.00 42 Remove Existing 6" Asphaltic Concrete Paving and Integral Curb SY $5.00 2295 $11,475.002125.00$10,625.000.00$0.002125.00$10,625.00 43 Remove Existing 4" +/- Reinforced Concrete Sidewalk SY $8.00 293 $2,344.00170.52$1,364.160.00$0.00170.52$1,364.16 44 Remove Existing 6" +/- Reinforced Concrete Driveway SY $8.00 20 $160.0023.80$190.400.00 $0.0023.80$190.40 45 Remove Existing 6" +/- Reinforced Concrete Alley Pavement SY $8.00 27 $216.009.77$78.160.00$0.009.77$78.16 46 Remove Reinforced Concrete Alley Approach SY $8.00 25 $200.0015.33$122.640.00 $0.0015.33$122.64 47 4" Reinforced Concrete Sidewalk Class "A", 5 Sack, 3000 PSI@28 Days SY $30.00 505 $15,150.00391.00$11,730.000.00 $0.00391.00$11,730.00 ADD3 4" Reinforced Concrete Mow strip Class "A", 5 Sack, 3000 PSI@28 Days SY $50.00 70 $3,500.0034.22$1,711.000.00$0.0034.22$1,711.00 Section 2 - Germany Park Parking Lot Improvements DELETEDDELETED DELETEDDELETEDDELETED Page 2 of 3 Page 14 of 125 PREVIOUSPREVIOUS THIS THIS PROJECT TOTAL BID DESCRIPTION UNIT CONTRACT CONTRACT COMPLETE COMPLETE MONTH'SMONTH'S QUANTITY TO ITEM UNIT PRICE QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT TO DATE DATE 48 6" Reinforced Concrete Driveway Class "C", 6 Sack, 3600 PSI@28 Days SY $36.00 20 $720.00158.73$5,714.280.00$0.00158.73$5,714.28 49 8"-5"-8" Reinforced Concrete Alley Class "C", 6 Sack, 3600 PSI@28 Days SY $50.00 27 $1,350.009.77$488.500.00 $0.009.77$488.50 50 6" Reinforced Concrete Alley Approach Class "C", 6 Sack, 3600 PSI@28 Days SY $45.00 25 $1,125.0015.33$689.850.00 $0.0015.33$689.85 51 6" Reinforced Concrete Paving Class "C", 6 Sack, 3600 PSI@28 Days SY $33.00 2132 $70,356.001992.19$65,742.270.00$0.001992.19$65,742.27 52 Compact Subgrade (95% Standard Proctor)SY $2.50 2400 $6,000.002368.30$5,920.750.00 $0.002368.30$5,920.75 53 6" Mono Reinforced Concrete Curb Class "C", 6 Sack, 3600 PSI@28 Days LF $2.00 1194 $2,388.001082.90$2,165.800.00 $0.001082.90$2,165.80 54 Replace Plant Material (Bermuda, St. Augustine, Asian Jasmine, or Other) (Contractor Must Replace w/ Same Plant Material) SY $5.00 100 $500.00100.00$500.000.00 $0.00100.00$500.00 55 Horizontal & Vertical Control LS$3,000.00 1 $3,000.001.00$3,000.000.00 $0.001.00$3,000.00 56 Barrier-free Ramps (ADA Compliant) (Brick to be supplied by City of University Park)EA $1,350.00 7 $9,450.003.00$4,050.000.00 $0.003.00$4,050.00 57 Remove and Replace Unit Block Wall (Height 30" or less)LF$60.00 35 $2,100.000.00$0.000.00$0.000.00 $0.00 58 Remove Existing Guard Fence LF$20.00 75 $1,500.0080.00$1,600.000.00$0.0080.00$1,600.00 59 Remove Existing Reinforced Concrete Curb & Gutter EA $10.00 983 $9,830.00786.00$7,860.000.00$0.00786.00$7,860.00 60 2 - 4" PVC Conduits in One Trench w/PullstringsSCH-80 PVC (Gray-Electrical) (Bury Depth 3' Below Finish Grade)LF $10.00 225 $2,250.00345.00$3,450.000.00$0.00345.00$3,450.00 $145,114.00 $0.00$127,502.81 CONTRACT TOTAL Total to Date $684,269.08 Field Orders Damage to Plumbing on Duval Property LS118.68 0 0 $0.001.00$118.681.00$118.68 Field Orders Total $118.68 Total for Contract $743,140.00 Total for Estimate $684,387.76 Contract Sum This Project: Work Completed To Date $684,387.76 Retainage This Project:-$ Previous Payments:662,554.49$ Amount Due This Estimate:21,833.27$ $743,140.00 DELETEDDELETEDDELETEDDELETEDDELETED Page 3 of 3 Page 15 of 125 AGENDAMEMO (6/21/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:KentAustin,DirectorofFinance SUBJECT:CONSIDERANDACT:onaresolutionamendingtheCity 'sInvestmentPolicy BACKGROUND: TheTexasPublicFundsInvestmentAct(PFIA,alsoC hapter2256oftheTexas GovernmentCode)requiresthatacity’sgoverningb ody“reviewitsinvestmentpolicy andinvestmentstrategiesnotlessthanannually”a ndthatthepolicybeadoptedbyrule, order,ordinance,orresolution.TheCityCouncill astapprovedUniversityPark’s InvestmentPolicyviaresolutiononJune15,2010.TheFinanceAdvisoryCommittee alwaysreviewstheproposedpolicyeachyearbefore makingarecommendationtothe Council. Initsregularsessionthisyear,theTexasLegisla tureamendedthePFIA,which inturnrequireschangesintheCity’sinvestmentp olicy.IntheJune3,2011, editionoftheir“LegislativeUpdate,”theTexasMunicipalLeaguesummarized thePFIAchangesasfollows: H.B.2226(Truitt/Carona)–PublicFundsInvestment :amongotherthings,this bill: (1)requiresacity’sinvestmentpolicytoinclude procedurestomonitorrating changesininvestmentsacquiredwithpublicfundsa ndtheliquidationofsuch investments; (2)requiresacity’sinvestmentofficertoattend atrainingsessionnotlessthan onceinatwo-yearperiodthatbeginsonthefirst dayofthatlocalgovernment’s fiscalyearandconsistsofthetwoconsecutivefis calyearsafterthatdate; (3)providesthatanobligationthatisfullyguara nteedorinsuredbytheFDICorby theexplicitfullfaithandcreditoftheUnitedSt atesisanauthorizedinvestment; (4)providesthatcertaininvestmentincertificate sofdepositusingabrokerare authorizedinvestments;and (5)authorizesaninvestmentpooltoinvestitsfun dsinmoneymarketmutualfunds totheextentpermittedbyandconsistentwithstat elawandtheinvestmentpolicies andobjectivesadoptedbythepool.(Effectiveimme diately.) Item(5)appliestoinvestmentpoolsratherthanlo calgovernments;additionally,minor Page 16 of 125 changesareincludedregardingcollateralizedrepur chaseagreementsandinvestment reports. RECOMMENDEDCHANGES Theproposedinvestmentpolicyincorporatesthesec hangesinthefollowingsix sections.Proposednewlanguageis boldfaced;proposeddeletionsareshownin strikethrough. 1.Monitoringofratingchangesandliquidationofinv estments(PFIA2256.005b (4)(F)) Thissectionrequiresanentitytoincludeinitsi nvestmentpolicylanguageabout “procedurestomonitorratingchangesininvestment sacquiredwithpublicfundsandthe liquidationofsuchinvestmentsconsistentwiththe provisionsofSection2256.021.”The City’spolicyalreadyaddressesratingsdeclines,s oanadditionalsentenceshouldbring thepolicyinlinewiththePFIAamendment. Policy:Section4-2-3EffectofLossofRequiredRa ting “Ifaholding’screditqualityratingfallsbelowt heminimumrequired,theCityshalltake allprudentmeasuresthatareconsistentwithitsi nvestmentpolicytoliquidatethe holding.Citystaffwillperiodicallyreviewthecreditqual ityratingofinstrumentsin theCityportfoliousingratingagencyonlineresou rcesorothermediareporting thesechanges.” 2.Investmentofficertraining(PFIA2256.008b) Thissectionclarifiesthetimeperiodinwhichinv estmentofficersmustrenewtheir formaleducation. Policy:Section4-5-5TrainingandEducation “Personnelauthorizedtoexecuteorapproveinvestme nttransactionsmustreceiveatleast 10hoursofinvestmenttrainingwithineachtwo -yearperiod foreachtwoyearperiod thatbeginsonthefirstdayoftheCity’sfiscaly earandconsistsofthetwo consecutivefiscalyearsafterthatdate .” 3.InvestmentsfullyguaranteedorinsuredbytheFDIC orfullfaithandcredit (PFIA2256.009(a)) Thissectionisdesignedtopermitinvestmentsini nstrumentsinsuredbytheFDICthat maynothavebeeneligiblepreviously—forexample,corporatecommercialpaperor otherofferingsbackedbyFDICinsurance. Policy:Section4-1.3EligibleInvestments—otherob ligations Page 17 of 125 “Otherobligations,theprincipalandinterestonwh ichareunconditionallyguaranteedor insuredbytheStateofTexasortheUnitedStates oritsagenciesandinstrumentalities , includingobligationsthatarefullyguaranteedor insuredbytheFederalDeposit InsuranceCorporationorbytheexplicitfullfaith andcreditoftheUnitedStates.” 4.CD’sinvestedthroughabroker(PFIA2256.0 10(b))(CDARS) Thissectionbroadensopportunitiesforcitiesbya llowingthemtopurchaseCD’sthrough brokersaswellasdepositoryinstitutions,andit allowsone-wayCDARStransactions insteadofonlythereciprocalversionoriginallya pproved. Policy:Section4-1.6EligibleInvestments—certific atesofdeposit “a.certificatesofdepositissuedbyadepository institutionwithamainofficeor branchinTexasthatare: 1.guaranteedorinsuredbytheFederalDepositI nsuranceCorporation,orits successor;or, 2.securedbyobligationsthataredescribedby1 -4above[meaning Treasuries,agencies,andmunibonds],whicharein tendedtoincludeall directfederalagencyorinstrumentalityissuestha thaveamarketvalueof notlessthantheprincipalamountofthecertifica tesorinanyothermanner andamountprovidedbylawfordepositsoftheCity . b.madeinaccordancewiththefollowingconditio ns,commonlyknownasthe CertificateofDepositAccountRegistryService(CD ARS): 1.thefundsareinvestedbytheCitythrough abrokerthathasitsmain officeorabranchofficeinthisstateandissele ctedfromalist adoptedbytheCityor adepositoryinstitution(“bank”)thathasitsmain officeorabranchofficeinthisstateandthatis selectedbytheCity; 2.the brokeror bankselectedbytheCityunderSubdivision(1)arr anges forthedepositofthefundsincertificatesofdep ositinoneormore federallyinsureddepositoryinstitutions,wherever located,fortheaccount oftheCity; 3.thefullamountoftheprincipalandaccrue dinterestofeachofthe certificatesofdepositisinsuredbytheUnitedSt atesoraninstrumentality oftheUnitedStates;and 4.theCityappoints thebankselectedbytheCityunderSubdivision(1),an entitydescribedbytheTexasPublicFundsCollater alAct(Texas GovernmentCode2257.041(d))oraclearingbroker-dealerregistered withtheSecuritiesandExchangeCommissionandope rating pursuanttoSecuritiesandExchangeCommissionRule 15c3-3917 C.F.R.Section240.15c3-3)actsascustodianfortheCitywithrespectto thecertificatesofdepositissuedfortheaccount oftheCity;and Page 18 of 125 5.atthesametimethatfundsaredepositeda ndthecertificatesofdepositare issuedfortheaccountoftheCity,thebankselect edbytheCityunder Subdivision(1)receivesanamountofdepositsfrom customersofother federallyinsureddepositoryinstitutions,wherever located,thatisequalto orgreaterthantheamountofthefundsinvestedby theCitythroughthe bankselectedunderSubdivision(1).” 5.RepurchaseAgreements(PFIA2256.016) Thissectionisintendedforsituationsinvolvingf lexiblerepurchaseagreements,which areoftenusedtoinvestbondproceeds,ratherthan overnightrepurchaseagreementsor dailysweeps.Thechangeallowscashtobeusedas temporarycollateralintheeventofa repo’sunderlyinginstrumentsbeingsubstituted.Th echangeshavelittledirectrelevance forUniversityPark,butthereisnoharminmodify ingtheinvestmentpolicy’scontentto includethem. Policy:Section4-1.5EligibleInvestments--repurch aseagreements ... “5.fullycollateralizeddirectrepurc haseagreements:1)havingadefined terminationdate;2)securedby acombinationofcashand obligationsdescribed bysubdivision1ofthissubsection:3)havingsecuritiespurchasedbytheCity orcashheldbytheCity pledgedtotheCity,heldintheCity’snameand depositedatthetimetheinvestmentismadewitht heCitywithathirdparty selectedandapprovedbytheCity;and 4)placedthroughaprimarygovernment securitiesdealer,asdefinedbytheFederalReserv e,orafinancialinstitution doingbusinessinTexas,andhavingamarketvalue (includingaccruedinterest) ofnolessthantheprincipalamountofthefundsd isbursed.” 6.InternalManagementReports(PFIA2256.0 23(b)) ThePFIAamendmentremovedtherequirementtorepor tadditionsandchangesto marketvalueduringtheperiod,sincethisoftenre sultedininvestmentpoolactivity appearingaschangesinmarketvalue,whichgaveth eimpressionthataportfolio’s marketvaluewaschangingdramatically. Policy:Section4-6Reporting NochangesarerecommendedtotheCity investmentpolicy’sreporting requirements,whicharemoreextensivethanthoser equiredbythePFIA. RECOMMENDATION: CitystaffreviewedtheproposedchangeswiththeF inanceAdvisoryCommitteeatitsJune9,2011 meeting.BothstaffandCommitteerecommendapprova l.Therevisedinvestmentpolicycomplies withchangesinthePFIAwithoutalteringtheCity'sinvestmentphilosopyandpractices. ATTACHMENTS: Page 19 of 125 Resolutionamendinginvestmentpolicy Page 20 of 125 S:\FINANCE\INVESTMENTS\Investment Policy\2011\Resolution Invest Policy 06-21-2011.doc RESOLUTION NO. _____________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE INVESTMENT POLICY OF THE CITY OF UNIVERSITY PARK HERETOFORE ADOPTED BY RESOLUTION NO. 10-12; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Funds Investment Act, as amended, requires the City to adopt an investment policy by rule, order, ordinance or resolution, and to review such policy not less than annually; and WHEREAS, the Public Funds Investment Act, as amended, requires the Treasurer, the Chief Financial Officer, and the Investment Officers of the City to attend investment training; and WHEREAS, the City of University Park approves of the investment training courses sponsored by the Texas Municipal League and other independent sources; and WHEREAS, the Treasurer, the Chief Financial Officer, and the Investment Officers of the City have attended investment training courses as required by the Public Funds Investment Act; and WHEREAS, the attached investment policy complies with the Public Funds Investment Act, as amended, and authorizes the investment of City funds in safe and prudent investments; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City of University Park has complied with the requirements of the Public Funds Investment Act, and the Investment Policy, as amended, attached hereto as Exhibit “A” is hereby adopted as the Investment Policy of the City of University Park, effective June 21, 2011. SECTION 2. That the following individuals are hereby designated as Investment Officers for the City of University Park: Kent Austin, Director of Finance; Bob Livingston, City Manager; and, Thomas Tvardzik, Controller. SECTION 3. This resolution shall take effect from and after its passage, and it is accordingly so resolved. Page 21 of 125 S:\FINANCE\INVESTMENTS\Investment Policy\2011\Resolution Invest Policy 06-21-2011.doc DULY PASSED AND APPROVED by the City Council of the City of University Park, Texas, on the 21st day of June, 2011. APPROVED: __________________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: ___________________________________ __________________________________ CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY Page 22 of 125 City of University Park, Texas Investment Policy Effective June 21, 2011 Page 23 of 125 City of University Park, Texas - Investment Policy i CONTENTS Preface...............................................................................................................................1 1. PURPOSE 1. Authorization ........................................................................................................1 2. Goal .......................................................................................................................1 3. Scope .....................................................................................................................1 4. Review and Amendment .......................................................................................2 2. INVESTMENT OBJECTIVES 1. Preservation and Safety of Principal .....................................................................2 1. Credit Risk .......................................................................................................2 2. Interest Rate Risk .............................................................................................2 2. Maintenance of Adequate Liquidity .....................................................................3 3. Return on Investments ..........................................................................................3 4. Prudence and Ethical Standards ............................................................................3 3. INVESTMENT STRATEGY STATEMENT 1. Operating Funds ....................................................................................................4 2. Bond Debt Service Funds .....................................................................................4 3. Bond Reserve Funds .............................................................................................4 4. Capital Projects Funds ..........................................................................................5 4. SPECIFIC INVESTMENT POLICIES 1. Eligible Investments .............................................................................................5 1. Obligations of the United States ..................................................................5 2. Obligations of the State of Texas .................................................................5 3. Agencies of the United States and State of Texas .......................................5 4. Obligations of other States, Counties, Cities ...............................................5 5. Direct Repurchase Agreements ...................................................................5 6. Certificates of Deposit and CDARS ............................................................6 7. Share Certificates of state and federal Credit Unions ..................................6 8. Money Market Mutual Funds ......................................................................6 9. Local Government Investment Pools ...........................................................7 2. Ensuring Safety of Principal ...................................................................................7 1. Protection of Principal .................................................................................7 1. Approved Broker/Dealers/Financial Institutions/Depositories ..............7 Page 24 of 125 City of University Park, Texas - Investment Policy ii 2. Collateralization .....................................................................................8 3. Portfolio Diversification ........................................................................8 4. Limiting Maturity ..................................................................................9 2. Safekeeping .........................................................................................10 3. Effect of Loss of Required Rating ...............................................................10 3. Ensuring Liquidity ..............................................................................................10 4. Achieving Investment Return Objectives ...........................................................10 1. Securities Swaps ..........................................................................................10 2. Competitive Bidding ...................................................................................11 3. Methods of Monitoring Market Price ..........................................................11 4. Benchmark Rate of Return ..........................................................................11 5. Responsibility and Controls ................................................................................11 1. Authority to Invest.......................................................................................11 2. Bonding requirements/Standard of care ......................................................12 3. Establishment of Internal Controls ..............................................................12 4. Standard of Ethics .......................................................................................12 5. Training and Education ...............................................................................13 6. Investment Committee ................................................................................13 6. Reporting ............................................................................................................13 7. Compliance Audit and Accounting Method .......................................................14 8. Certification ........................................................................................................14 5. ADOPTING CLAUSE .................................................................................................15 ATTACHMENTS 1. Investment Vendor Acknowledgement 2. Broker-Dealer and Bank Questionnaires Page 25 of 125 City of University Park, Texas - Investment Policy 1 PREFACE The purpose of this document is to establish specific investment policy and strategy guidelines for the City of University Park, Texas (“City”) to achieve the goals of safety, liquidity, and yield for all investment activity. The City shall review its investment strategies and policy not less than annually. This policy serves to satisfy the statutory requirement, specifically the Public Funds Investment Act, Chapter 2256 of the Texas Government Code (the “Act”), to define, adopt and review a formal investment strategy and policy. All available funds shall be invested in conformance with these legal and administrative guidelines. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will be pursued to take advantage of investment interest as viable and material revenue to all operating and capital funds. The City’s portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and federal law. Investments shall be made with the primary considerations of: x Preservation of capital and protection of principal x Maintenance of sufficient liquidity to meet operating needs x Security of City funds and investments x Diversification of investments to avoid unreasonable or foreseeable risks x Maximization of return on the portfolio SECTION 1: PURPOSE 1-1. Authorization This Policy is authorized by the City Council in accordance with Section 5 of the Public Funds Investment Act (Chapter 2256, Texas Government Code), which requires the adoption of a formal written Investment Policy. 1-2. Goals The primary goal of the City of University Park’s Investment Policy shall be: 1) to ensure the safety of all funds entrusted to the City; 2) to maintain the availability of those funds for the payment of all necessary obligations of the City; and 3) to provide for the investment of all funds, not immediately required, in interest-bearing securities or pooled investment products. The safety of the principal invested shall always be the primary concern. 1-3. Scope This Investment Policy of the City of University Park shall include all investment activities of any fund of the City, except for the Firefighters’ Relief and Retirement Fund, which is covered by a separate policy. In addition to this Policy, bond funds, including debt service and reserve funds, shall be managed by their governing resolution and Page 26 of 125 City of University Park, Texas - Investment Policy 2 federal law, including the Tax Reform Act of 1986 and subsequent legislation. City funds will be pooled for investment purposes. 1-4. Review and Amendment This Policy may be amended from time to time as the City Council may so desire or as State Law may require. This Policy, which includes strategies for each fund or pooled fund group, shall be adopted by resolution, rule, or ordinance by the City Council and shall be reviewed annually by the City Council. The fact that the Investment Policy has been reviewed and that any amendments have been made must be recorded by resolution, rule or ordinance. SECTION 2: INVESTMENT OBJECTIVES The City shall manage and invest its cash with four objectives, listed in order of priority: Preservation and Safety of Principal; Liquidity; Yield; and Prudence. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local Law. Cash management is defined as the process of managing monies in order to increase cash availability and interest earnings on short-term investment of idle cash. The City shall maintain a comprehensive cash management program that includes the prudent investment of available cash. 2-1. Preservation and Safety of Principal The primary objective of City investment activity is the preservation of principal in the overall portfolio. Each investment transaction shall be conducted in a manner designed to avoid principal losses, whether they are from securities defaults or erosion of market value. The manner in which the City ensures safety of principal is presented in Section 4.2, “Ensuring Safety of Principal.” 2-1-1 Credit Risk The City will minimize credit risk, which is the risk of loss due to the failure of the security issuer or backer by: a. Limiting investments to the types of securities listed in section 4-1 of this Investment Policy. b. Prequalifying the financial institutions, broker/dealers, intermediaries, and advisors with which the City will do business in accordance with Section 4-2- 1-1. c. Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. Page 27 of 125 City of University Park, Texas - Investment Policy 3 2-1-2 Interest Rate Risk The City will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: a. Structuring the portfolio so that securities mature to meet cash requirements for ongoing operations. b. Investing operating funds primarily in short-term securities, money market mutual funds, or similar investment pools and by limiting the average maturity of the portfolio in accordance with this policy. 2-2. Maintenance of Adequate Liquidity The City investment portfolio shall be structured so that the City is able to meet all obligations in a timely manner. Maintenance of adequate liquidity is described in Section 4.3, “Ensuring Liquidity.” 2-3. Return on Investments Consistent with State law, the City shall seek to optimize return on investments within the constraints of safety and liquidity. Investments (excluding assets managed under separate investment programs, such as in arbitrage restrictive programs) shall be made in permitted obligations at yields equal to or greater than the bond equivalent yield on United States Treasury obligations of comparable maturity. Other appropriate performance measures may be established by the Investment Committee. Specific policies regarding investment rate of return are presented in Section 4.4, “Achieving Investment Return Objectives.” For bond issues to which Federal yield or arbitrage restrictions apply, the primary objectives shall be to obtain satisfactory market yields and to minimize the costs associated with investment of such funds. 2-4. Prudence and Ethical Standards The standard of prudence used by the City shall be the “prudent person rule” and shall be applied in the context of managing the overall portfolio within the applicable legal constraints. The prudent person rule is restated below: “Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence would exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.” In determining whether the Investment Officer(s) or Investment Advisor under contract has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration the investment of all funds over which the Officer or Advisor had responsibility, rather than a consideration as to the prudence of a single Page 28 of 125 City of University Park, Texas - Investment Policy 4 investment, and whether the investment decision was consistent with the written Investment Policy of the City. The Investment Officers, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security’s credit risk or market price changes, provided that these deviations are reported immediately. Specific policies describing the City’s prudence and ethical standards are found in Section 4.5, “Responsibility and Controls.” SECTION 3: INVESTMENT STRATEGY STATEMENT The City maintains portfolios that utilize four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios. To maximize the effective investment of assets, all funds needed for general obligations may be pooled into one account for investment purposes. The income derived from this account will be distributed to the various funds based on their average balances on a periodic basis. Proceeds of bond issues shall not be pooled with other assets of the City, but shall be maintained in the fund issuing the bonds with interest earnings on these invested proceeds recorded directly to that fund. 3-1. Operating Funds The investment strategy for operating funds has as its primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high-quality short-to medium-term securities. The dollar weighted average maturity shall be calculated in accordance with GASB requirements. The weighted average maturity of operating funds shall not exceed 548 days. Securities may not be purchased that have a final stated maturity date that exceeds five (5) years. 3-2. Bond Debt Service Funds The investment strategy for bond debt service fund(s) has as its primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date that exceeds the next unfunded bond debt service payment date. 3-3. Bond Reserve Funds The investment strategy for bond reserve fund(s) has as its primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the Bond Ordinance specific to an individual issue, of short-to- intermediate-term maturities. The stated final maturity dates of securities held shall not exceed five (5) years. Page 29 of 125 City of University Park, Texas - Investment Policy 5 3-4. Capital Projects Funds The investment strategy for capital projects funds portfolios has as its primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. SECTION 4: SPECIFIC INVESTMENT POLICIES 4-1. Eligible Investments Investments described below are those authorized by the Public Funds Investment Act (Chapter 2256, Texas Government Code), as amended, which is made a part of this Policy. The following list may not contain all of those securities that are authorized by state statutes, but only those that the City Council wishes to include in their portfolios. The purchase of specific issues may at times be further restricted or prohibited because of current market conditions. City funds governed by this Policy may be invested in: 1. obligations of the United States or its agencies and instrumentalities; 2. direct obligations of the State of Texas or its agencies; 3. other obligations, the principal and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 4. obligations of states, agencies, counties, cities and other political subdivisions of any state having been rated of their own accord as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than AA or its equivalent, and with additional credit enhancement having received a rating of not less than AAA or its equivalent by a nationally recognized investment rating firm. 5. fully collateralized direct repurchase agreements: 1) having a defined termination date; 2) secured by a combination of cash and obligations described by subdivision 1 of this subsection: 3) having securities purchased by the City or cash held by the City pledged to the City, held in the City’s name and deposited at the time the investment is made with the City with a third party selected and approved by the City; and 4) placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in Texas, and having a market value (including accrued interest) of no less than the principal amount of the funds disbursed; Page 30 of 125 City of University Park, Texas - Investment Policy 6 6. a. certificates of deposit issued by a depository institution with a main office or branch in Texas that are: 1. guaranteed or insured by the Federal Deposit Insurance Corporation, or its successor; or, 2. secured by obligations that are described by 1 - 4 above, which are intended to include all direct federal agency or instrumentality issues that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City. b. made in accordance with the following conditions, commonly known as the Certificate of Deposit Account Registry Service (CDARS): 1. the funds are invested by the City through a broker that has its main office or a branch office in this state and is selected from a list adopted by the City or a depository institution (“bank”) that has its main office or a branch office in this state and that is selected by the City; 2. the broker or bank selected by the City under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the City; 3. the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and 4. the City appoints the bank selected by the City under Subdivision (1), an entity described by the Texas Public Funds Collateral Act (Texas Government Code 2257.041(d)) or a clearing broker-dealer registered with the Securities and Exchange Commission and operating pursuant to Securities and Exchange Commission Rule 15c3-3 917 C.F.R. Section 240.15c3-3) as custodian for the City with respect to the certificates of deposit issued for the account of the City. 7. share certificates issued by state and federal credit unions with a main office or branch in Texas that are: 1. guaranteed or insured by the National Credit Union Share Insurance Fund, or its successor; or, 2. secured by obligations that are described by 1 - 4 above, which are intended to include all direct federal agency or instrumentality issues that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City. 8. SEC-regulated, no-load money market mutual funds with a dollar-weighted average stated portfolio maturity of 90 days or less and whose investment objectives include seeking to maintain a stable net asset value of $1 per share. No more than 15% of the City’s average fund balance may be invested in money market mutual funds, and the City may not invest funds under its control in an amount that exceeds 10% of the total assets of any individual money market mutual fund. Page 31 of 125 City of University Park, Texas - Investment Policy 7 9. Local government investment pools organized in accordance with the Interlocal Cooperation Act (Chapter 791, Texas Government Act) as amended, whose assets consist exclusively of the obligations that are allowed as a direct investment for funds subject to the Public Funds Investment Act (Chapter 2256, Texas Government Code). A public funds investment pool must be continuously rated no lower than AAA, AAA-m or at an equivalent rating by at least one nationally recognized rating service. Eligible investment pools must be authorized by the City Council, by rule, order, ordinance, or resolution, as appropriate. The City Council has approved: 1) the Texas Local Government Investment Pool (“TexPool”), administered by the Texas State Comptroller; 2) the Texas Short Term Asset Reserve (“TexSTAR”); administered by JPMorgan Chase and First Southwest Asset Management; and 3) TexasTERM and TexasDaily, administered by PFM Asset Management LLC. Unless backed by the full faith and credit of the U.S. government, investments in collateralized mortgage obligations are strictly prohibited. These securities are also disallowed for collateral positions. The City will not be required to liquidate investments that were authorized investments at the time of purchase. 4-2. Ensuring Safety of Principal Ensuring safety is accomplished through protection of principal and safekeeping. 4-2-1 Protection of Principal The City shall seek to control the risk of loss due to the failure of a security issuer or guarantor by investing only in the safest types of securities as defined in the Policy. Settlement of all investment transactions, except those transactions involving investments in mutual funds or local government investment pools, must be made on a delivery versus payment (DVP) basis. The purchase of individual securities shall be executed DVP through the Federal Reserve System delivered to an authorized safekeeping agent or trustee (“custodian”). By so doing, City funds are not released until the City has received, through the Federal Reserve wire, the securities purchased. The security shall be held in the name of the City. The custodian’s records shall assure the notation of City ownership of or explicit claim on the securities. Additionally, the City shall adhere to the following practices to protect its investment principal: 4-2-1-1 Approved Broker/Dealers/Financial Institutions and Depositories Investments shall only be made with those firms and institutions who have acknowledged receipt and understanding of the City’s Investment Policy. The “qualified representative” of the business as defined in Chapter 2256 of the Texas Government Code shall execute a written certification to acknowledge receipt of the City’s Investment Policy and to acknowledge that the organization has implemented reasonable procedures and controls to preclude Page 32 of 125 City of University Park, Texas - Investment Policy 8 imprudent investment activities arising out of the investment transactions conducted between the entity and the City. Should the City contract with an external investment advisor to execute the investment strategy, including the negotiation and execution of investment transactions, a managing officer of the investment advisory firm may sign the written certification in lieu of the broker/dealer firms. This certification must be included as part of the investment advisory contract. Securities and certificates of deposit shall only be purchased from those institutions included on the City’s list of broker/dealers and financial institutions as approved by the Investment Committee. All securities dealers shall provide the City with references from other public entities that they are currently serving. This list of approved investment providers must be reviewed at least annually by the City’s Investment Committee and shall be recorded in the Committee’s meeting minutes. The City’s Finance Advisory Committee shall comprise the Investment Committee. All state and national banks located in the State of Texas, which are insured by the Federal Deposit Insurance Corporation (FDIC) are to be considered as eligible depositories. The financial condition of the bank shall be considered prior to establishing any accounts with that bank. The Finance Advisory Committee shall review the bids submitted by depository candidates and make a recommendation to the City Council for final approval. 4-2-1-2 Collateralization Consistent with the requirements of State law, the City requires all bank deposits (including time deposits) to be federally insured or collateralized with eligible securities. Financial institutions serving as City Depositories will be required to sign an Agreement with the City and its safekeeping agent for the collateral, perfecting the City’s rights to the collateral in case of default, bankruptcy or closure. The City shall not accept, as depository collateral, any security that is not specifically allowed to be held as a direct investment by the City portfolio (see 4-1). Repurchase agreements must also be collateralized in accordance with State law. Evidence of the pledged collateral shall be maintained by the Finance Director or a third party financial institution. All collateral shall be subject to inspection and audit by the Finance Director or the City independent auditors. 4-2-1-3 Maximum Exposure Guidelines Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations. As discussed below, these limitations do not apply to bond proceeds. Investment Type: % of Portfolio Page 33 of 125 City of University Park, Texas - Investment Policy 9 x U.S. Treasury Notes/Bonds/Bills 100% x U.S. Agencies 60% x Local Government Investment Pools 50% x Repurchase Agreements 30% x Certificates of Deposit 30% x Municipal Bonds 20% x Money Market Mutual Funds 15% It is the policy of the City to diversify its investment portfolio so that reliance on any one issuer or broker will not place an undue financial burden on the City. Generally, the City should limit its repurchase agreement exposure with a single firm to no more than 15% of the value of the City’s overall portfolio. To allow efficient and effective placement of proceeds from any bond sales, these limits may be exceeded for a maximum of five business days following the receipt of bond proceeds. Proceeds of a single bond issue may be invested in a single security or investment if the Investment Committee determines that such an investment is necessary to comply with Federal arbitrage restrictions or to facilitate arbitrage record keeping and calculation. 4-2-1-4 Limiting Maturity To minimize risk of loss due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the funds. For operating funds, the dollar weighted average days to final stated maturity shall be 548 days or less. The Investment Officer will monitor the maturity level and make changes as appropriate. For bond funds, the investment maturity of bond proceeds (including reserves and debt service funds) shall be determined considering: 1) the anticipated cash flow requirements of the funds, and; 2) the “temporary period” as defined by Federal tax law during which time bond proceeds may be invested at an unrestricted yield. After the expiration of the temporary period, bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the funds. The City shall have a goal of maintaining a minimum of ten percent of the portfolio maturing within thirty days, and twenty-five percent under one year. Under 30 days 10% minimum Under 1 year 25% minimum Under 3 years 85% minimum Five years maximum single investment Reserve funds and other funds with longer-term investment horizons may be invested in securities exceeding three years if maturities of such investments are made to coincide as nearly as practical with the expected use of fund. The Page 34 of 125 City of University Park, Texas - Investment Policy 10 intent to invest in securities with longer maturities shall be disclosed in writing to the City Council 4-2-2 Safekeeping The City shall contract with a bank or banks for the safekeeping of securities either owned by the City as a part of its investment portfolio or held as collateral to secure certificates of deposits or repurchase agreements. The Safekeeping Agreement shall clearly define the procedural steps for gaining access to the collateral should the City determine that the City funds are in jeopardy. The safekeeping institution, or Trustee, shall hold all aforementioned securities in an account at the Federal Reserve Bank that specifies City ownership of the account. The Safekeeping Agreement shall include the signatures of authorized representatives of the City, the firm pledging the collateral and the Trustee. The City shall request from the safekeeping institution a copy of its most recent report on internal controls (Statement of Auditing Standards 70, or SAS 70). 4-2-3 Effect of Loss of Required Rating If a holding’s credit quality rating falls below the minimum required, the City shall take all prudent measures that are consistent with its investment policy to liquidate the holding. City staff will periodically review the credit quality rating of instruments in the City portfolio using rating agency online resources or other media reporting these changes. 4-3. Ensuring Liquidity Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements, by investing in securities with active secondary markets, and by investing in eligible money market mutual funds (MMMF’s) and local government investment pools (LGIP’s). A security may be liquidated to meet unanticipated cash requirements, to re-deploy cash into other investments expected to outperform current holdings, or to otherwise adjust the portfolio. 4-4. Achieving Investment Return Objectives Investment selection for all funds shall be based on legality, appropriateness, liquidity, and risk/return considerations. Although the City will adopt a “buy and hold” approach, at times the portfolios may be actively managed to enhance overall interest income. Active management will take place within the context of the “Prudent Person Rule.” (see Section 2.4). 4-4-1 Securities Swaps The City may take advantage of security swap opportunities to improve portfolio yield. A swap which improves portfolio yield may be selected even if the transaction results in an accounting loss. 4-4-2 Competitive Bidding Page 35 of 125 City of University Park, Texas - Investment Policy 11 It is the policy of the City to require competitive bidding for all individual security purchases except for those transactions with money market mutual funds (MMMFs) and local government investment pools (LGIP’s) which are deemed to be made at prevailing market rates, and for government securities purchased at issue through a primary dealer at auction price. Rather than relying solely on yield, investment in MMMFs and LGIP’s shall be based on criteria determined by the Investment Committee, including adherence to Securities and Exchange Commission (SEC) guidelines for MMMFs when appropriate. At least three bidders must be contacted in all transactions involving individual securities. Competitive bidding for security swaps is also required. Bids may be solicited in any manner provided by law. For those situations where it may be impractical or unreasonable to receive three bids for a transaction due to a rapidly changing market environment or to secondary market availability, documentation of a competitive market survey of comparable securities or an explanation of the specific circumstance must be included with the transaction bid sheet. All bids received must be documented and filed for auditing purposes. 4-4-3 Methods of Monitoring Market Price The methods/sources to be used to monitor the price of investments that have been acquired with public funds shall be from sources deemed reliable by the Investment Officer, including primary or regional broker/dealers, established financial institutions providing portfolio management/accounting services, third-party safekeeping reports, financial publications such as the Wall Street Journal, market information vendors such as Bloomberg or Telerate, and market pricing services. 4-4-4 Benchmark Rate of Return As a general guideline, the City’s cash management portfolio shall be designed with the objective of regularly meeting the average return on three-month U.S. Treasury Bills, or the average rate of 90-day Certificates of Deposit. These indices are considered benchmarks for risk-free investment transactions and therefore comprise a standard for the portfolio’s rate of return. Additional benchmarks may be developed and recommended by the Investment Committee and used as a comparative performance measures for the portfolio. Additional benchmarks that may be considered for targeting by the Investment Committee include the Constant Maturity Treasury Bill with the maturity that most closely matches the weighted average maturity of the portfolio or a more customized index made up of blended Merrill Lynch Treasury/Agency indices. The investment program shall seek to augment rates of return above this threshold, consistent with legal restrictions and prudent investment principles. In a diversified portfolio, measured losses are inevitable and must be considered within the context of the overall portfolio. 4-5. Responsibility and Control 4-5-1 Authority to Invest Authority to manage the City investment program is derived from a resolution of the City. Those authorized by said resolution are designated as Investment Officers Page 36 of 125 City of University Park, Texas - Investment Policy 12 of the City, and, in conjunction with the Investment Committee, are responsible for investment decisions and activities. All investment transactions must be acknowledged by a second investment officer besides the one who initiated the transaction. All wire transfers must be approved by two investments officers. The City reserves the right to contract with an external investment advisory firm to manage the investment assets, and the resulting resolution will grant investment authorization to the contracted firm. The Finance Director shall establish written procedures for the operation of the investment program consistent with this Investment Policy. 4-5-2 Bonding requirements/Standard of care Each of the authorized investment officers shall be a bonded employee. All participants in the investment process shall act responsibly as custodians of the public trust and shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person’s own affairs. 4-5-3 Establishment of Internal Controls The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable assurance that the objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived, and (2) the valuation of costs and benefits requires estimates and judgments by management. 4-5-4 Standard of Ethics City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff shall disclose to the City any material interests in firms or businesses that conduct investment matters with the City, and they shall further disclose positions that could be related to the performance of the City portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to the timing of purchases and sales. An investment officer of the City who has a personal business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the City. 4-5-5 Training and Education In accordance with the Public Funds Investment Act (Chapter 2256, Texas Government Code), the designated Investment Officers, or those personnel Page 37 of 125 City of University Park, Texas - Investment Policy 13 authorized to execute investment transactions, must attend periodic investment training. State law requires that training relating to investment responsibilities must be provided by an independent source, such as the Texas Municipal League, North Central Texas Council of Governments, or the University of North Texas Center for Public Management, or as approved by the City Manager. Personnel authorized to execute or approve investment transactions must receive at least 10 hours of investment training for each two year period that begins on the first day of the City’s fiscal year and consists of the two consecutive fiscal years after that date. Newly appointed investment officers must attain at least 10 hours of instruction relating to the officer’s responsibility under the Act within 12 months after assuming investment duties. 4-5-6 Investment Committee An Investment Committee that is comprised of the membership of the Finance Advisory Committee shall be established to determine investment guidelines, general strategies, and monitor performance. The Committee shall meet quarterly to review performance, strategy, and procedures. The Investment Committee shall include in its deliberation such topics as: performance reports, economic outlook, portfolio diversification, maturity structure, potential risk to the City funds, authorized brokers and dealers, and the target rate of return on the investment portfolio. 4-6. Reporting Investment performance is continually monitored and evaluated by the Finance Director. The Investment Officer(s) will provide detailed reports, as required by the Public Funds Investment Act (Chapter 2256, Texas Government Code, Section 2256.023) for the City on a quarterly basis. The Finance Director shall submit a quarterly investment report signed by the investment officers. The report shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner which will allow the City to ascertain whether investment activities during the reporting period have conformed to the Investment Policy. The management summary shall: 1) summarize current market conditions, economic developments and anticipated investment conditions; 2) summarize investment strategies employed in the most recent quarter; 3) describe the portfolio in terms of investment securities, maturities, risk characteristics, and average return for the quarter; 4) outline conformance to the restrictions of the Policy in the area of diversification and term of maturity; 5) compare the performance of City’s portfolio to appropriate benchmarks as determined by the Investment Committee. Additionally, the quarterly financial report will include the following detailed information: 1. A listing of individual securities held at the end of the reporting period. Page 38 of 125 City of University Park, Texas - Investment Policy 14 2. Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and ending book and market value of securities for the period. 3. Additions and changes to the market value during the period. 4. Average weighted yield to maturity or total return performance of the portfolio on entity investments as compared to applicable benchmarks. 5. Listing of investments by maturity date. 6. The percentage of the total portfolio which each type of investment represents. 7. Statement of compliance of the City investment portfolio with State Law and the investment strategy and policy approved by the City. Within 60 days of the end of the fiscal year, the Finance Director or the Investment Advisory firm shall present an annual report on the investment program and investment activity. The report may be presented as a component of the fourth quarter report to the City. 4-7. Compliance Audit and Accounting Method In conjunction with its annual financial audit, the City shall perform a compliance audit of management controls on investments and adherence to the City’s established Investment Policies. The results of the audit shall be reported to the Investment Committee and the governing body of the City. The City shall comply with all required legal provisions and Generally Accepted Accounting Principles (GAAP) relating to investment accounting. The accounting principles are those contained in the pronouncement of authoritative bodies including but not necessarily limited to, the Governmental Accounting Standards Board (GASB), the American Institute of Certified Public Accountants (AICPA), and the Financial Accounting Standards Board (FASB). 4-8. Certification A copy of this Investment Policy will be provided to the senior management of any bank, dealer, broker, investment advisor, or safekeeping institution wishing to transact investment business directly with the City in order that it is apprised of the investment goals of the City. Before business is transacted with the firm, a certification (Attachment 1) must be signed by a senior member of a firm. Should the City contract with an external investment advisor to execute the entity’s investment strategy, including the negotiation and execution of investment transactions, a managing officer of the investment advisory firm may sign the written certification in lieu of the broker/dealer firms. This certification must be included as part of the investment advisory contract. Page 39 of 125 City of University Park, Texas - Investment Policy 15 SECTION 5: ADOPTING CLAUSE This Investment Policy for the City of University Park, Texas is hereby adopted as of the 21st day of June, 2011. Mayor Director of Finance ATTEST: City Secretary Page 40 of 125 City of University Park, Texas - Investment Policy 16 ATTACHMENT 1 ACKNOWLEDGEMENTS Page 41 of 125 City of University Park, Texas - Investment Policy 17 TEXAS PUBLIC FUNDS INVESTMENT ACT ACKNOWLEDGMENTS These Acknowledgments are executed on behalf of the City of University Park, Texas (“Investor”) and _______________________(“Business Organization”) pursuant to the Public Funds Investment Act, Chapter 2256, Government Code, Texas Codes Annotated (the “Act”), in connection with investment transactions conducted between the Investor and the Business Organization. Acknowledgment by Investor The undersigned investment officer of the Investor (“Investment Officer”) hereby acknowledges, represents and agrees on behalf of the Investor that: (i) The Investment Officer (a) has been duly designated by official action of the governing body of the Investor to act as its Investment Officer pursuant to the Act, (b) is vested with full power and authority under the Act and other applicable law to engage in investment activities on behalf of the Investor, and (c) is duly authorized to execute this Acknowledgment on behalf of the Investor, (ii) Pursuant to the Act, the governing body of the Investor has duly adopted a written investment policy which complies with the Act, including an investment strategy (as the same may be amended, the “Investment Policy”), and the Investment Officer (a) has furnished a true and correct copy of the Investment Policy to the Business Organization and (b) will notify the Business Organization of any rescission of, or amendment to, the Investment Policy. The Business Organization shall be entitled to rely upon the most recent version of the Investment Policy furnished by the Investment Officer until provided with an amended version; (iii) Attached hereto is a list of investments that are authorized pursuant to the Investment Policy and that the Investment Officer understands may be available from the Business Organization. The attached list may be amended from time to time by mutual agreement of the Investor and the Business Organization, and (iv) In connection with any investment transaction between the Business Organization and the Investor, the Business Organization is not responsible for assuring compliance with those aspects of the Investment Policy over which the Business Organization has no control or knowledge, such as restrictions as to diversity and average maturity, or which require an interpretation of subjective investment standards. INVESTMENT OFFICER Kent R. Austin Director of Finance City of University Park, Texas Signature: Date: Page 42 of 125 City of University Park, Texas - Investment Policy 18 Acknowledgment by Business Organization I am a registered principal or authorized representative of _________________ (the “Firm”). The Firm is a registered dealer under the Securities Exchange Act of 1934 (the “Act”), and a member of the Financial Industry Regulatory Authority (“FINRA”). I have received a copy of the City of University Park (the “City”) investment policy dated ___. I have provided each current licensed member of the sales personnel who perform investment services for the City with a copy of your investment Policy and have instructed these professionals to familiarize themselves with the terms of the Policy. The Firm has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Firm and the City that are not authorized by the City’s investment policy, except to the extent that this authorization is dependent on an analysis of the composition of the entity’s entire portfolio. As a FINRA registered dealer, the Firm is subject to the rules of the Securities and Exchange Commission (the “SEC”) and the Rules of Fair Practices of FINRA. Those rules establish requirements for, among other things, net capital, reserves and custody of customer securities, and suitability of investment recommendations. Those rules also prohibit the use of fraudulent and deceptive practices. The Firm has extensive internal procedures to assist the firm in complying with the rules of the SEC, FINRA and other regulatory bodies having jurisdiction. The Firm’s compliance with these rules will be monitored by FINRA-licensed supervisory principals and its Compliance Department. This process is audited routinely by both internal and outside auditors. Signature:___________________________________ Name Title Date Page 43 of 125 City of University Park, Texas - Investment Policy 19 ATTACHMENT 2: BROKER-DEALER AND BANK QUESTIONNAIRES Page 44 of 125 City of University Park, Texas - Investment Policy 1 City of University Park, Texas BROKER/DEALER QUESTIONNAIRE 1. Name of Firm 2. Address (Local) (National Offices) 3. Telephone ( ) 4. Primary Representatives/Manager/Partner In-charge: Name Name Title Title Telephone Telephone 5. Are you a primary dealer in U.S. Government securities? [ ] Yes [ ] No 6. If so, for how long has your firm been a primary dealer? years 7. What was your firm's total volume in U.S. Government securities trading last year? Firmwide $ Number of transactions Your local office $ Number of transactions 8. Which instruments are offered regularly by your local desk? [ ] T-bills [ ] Agencies (specify) [ ] Instrumentalities [ ] Bank CDs [ ] S&L CDs [ ] Treasury notes/bonds [ ] BAs (domestic) [ ] BAs (foreign) [ ] Commercial paper [ ] Other (specify) 9. Identify all personnel who will be trading with or quoting securities to our government's employees. Name: Telephone Number: (Attach Resumes Of All The Above Persons) 10. Which of the above personnel have read our government investment policies? 11. Please identify our most directly comparable public sector clients in our geographical area. Entity: Contact Person: Telephone No.: Client Since: 12. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 13. Have any of your public sector clients ever reported to your firm, its officers or employees, orally or in writing, that they sustained a loss (in a single year) exceeding 10 percent of original purchase price on any individual security purchased through your firm? (Explain.) 14. Has your firm ever been subject to a regulatory or state/federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees ever been so investigated? (Explain.) Page 45 of 125 City of University Park, Texas - Investment Policy 2 15. Has a public sector client ever claimed, in writing, that your firm was responsible for investment losses? (Explain.) 16. Please include samples of research reports that your firm regularly provides to public sector clients. 17. Please explain your normal custody and delivery process. Who audits these fiduciary systems? 18. Please provide certified financial statements and other indicators regarding your firm's capitalization. 19. Describe the Capital line and trading limits that support/limit the office that would conduct business with our government. 20. What training would you provide to our employees and investment officers? 21. Has your firm consistently complied with the Federal Reserve Bank's capital adequacy guidelines? As of this date, does your firm comply with the guidelines? Has your capital position ever fallen short? By what factor (1.5, 2x, etc.) does your firm presently exceed the capital adequacy guideline's measure of risk? Include certified documentation of your capital adequacy as measured by the Federal Reserve standards. 22. Do you participate in the S.I.P.C. insurance program? If not, explain why. 23. What portfolio information do you require from your clients? 24. What reports, transactions, confirmations and paper trail will we receive? 25. Enclose a complete schedule of fees and charges for various transactions. 26. How many and what percentage of your transactions failed last month? Last year? 27. Describe the precautions taken by your firm to protect the interest of the public when dealing with governmental agencies as investors. 28. With whom are you doing business in the Dallas area? 29. Are you representing a parent corporation or a subsidiary of another corporation? If you are a subsidiary, will you furnish audited financial statements on your parent corporation as well as your subsidiary? 30. For all employees listed in part 9 above, please provide resumes for each and within each resume include the company names of former employers. 31. Provide banking references and include officer contact names and telephone numbers. 32. Do you give perfected security interest in securities under repurchase agreements? FINANCIAL RATIO CRITERIA 1. Growth in current assets and current liabilities must be parallel. 2. Total liabilities, as a multiple of equity, must be less than a ratio of 20:1. 3. The total of securities owned and securities purchased under agreement to resell (reverse repos) must be greater than the total of short-term loans and securities sold under agreements to repurchase (repos). 4. Equity, as a percentage of total assets, must be 5% or more. 5. Growth in retained earnings must exceed 7% for the last two years. 6. Equity growth must be parallel to asset and liability growth. 7. The auditor's opinion must be unqualified. Page 46 of 125 City of University Park, Texas - Investment Policy 3 City of University Park, Texas BANK QUESTIONNAIRE 1. Name of Bank 2. Address (Local) (National Offices) 3. Telephone 4. Primary Representatives/Managers: Name Name Title Title Telephone Telephone 5. Are you a primary dealer in U.S. Government securities? [ ] Yes [ ] No 6. If so, for how long has your firm been a primary dealer? Years 7. Please attach a list of comparable public sector clients in north Texas; include entity name, contact name, contact telephone number and email, and number of years as a client. 8. General banking information – please attach on separate sheet: x Financial statements for the past two fiscal years, with an unqualified opinion from a certified public accountant x Call reports for the last four quarters or credit rating information for senior and subordinate debt from a recognized credit rating agency x Rating information from recognized bank rating agencies x Proof of current standing as an eligible public depository x Capital ratios: tangible capital, core capital, and risk capital x Evidence of growth in current assets and current liabilities being parallel x Total liability to equity ratio (must be less than 20:1) x Equity as a percentage of assets (must be at least 5%) 9. Please attach a list of the names of the current and most immediate past Board of Directors. Page 47 of 125 AGENDAMEMO (6/21/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:LizSpector SUBJECT:CONSIDERANDACT:onapprovalofminutesoftheJune6,2011CityCou ncil Meeting BACKGROUND: MinutesareattachedfortheCouncil'sreview. ATTACHMENTS: 2011.06.07MeetingMinutes Page 48 of 125 MINUTES AGENDA #2815 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER – CITY HALL TUESDAY, JUNE 7, 2011, 5:00 P.M. 2:02 - 3:14 P.M. THE COUNCIL CONVENED INTO CLOSED EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 551.071 TO RECEIVE CONFIDENTIAL LEGAL ADVICE FROM THE CITY ATTORNEY REGARDING ZONING ISSUES. NO ACTION WAS TAKEN. EXECUTIVE CONFERENCE ROOM, CITY HALL. 3:30 - 4:00 P.M. PUBLIC WORKS DIRECTOR BUD SMALLWOOD DISCUSSED THE STATUS OF FUTURE INFRASTRUCTURE IMPROVEMENTS TO THE MIRACLE MILE RETAIL AREA. COUNCIL CONFERENCE ROOM, SECOND FLOOR, CITY HALL. After Mr. Smallwood’s presentation, Mayor Davis asked that staff present the Council with options for landscaping the Miracle Mile area. City Manager Livingston also suggested that the entrances for Snider Plaza be included in that planning. Mr. Livingston said that the Commercial/Retail Advisory Committee could be a good source of ideas as well. Parks Director Gerry Bradley recommended that the plan provide funding for basic landscaping for plants and small trees, and include running water and decorative lighting for both the Miracle Mile area and the Lovers Lane entrance to Snider Plaza. Mr. Livingston said the budget could be $50,000 to $100,000. 4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW CITY COUNCIL CONFERENCE ROOM, SECOND FLOOR, CITY HALL. The Regular City Council Meeting was called into session at 5:00 p.m. in the Council Chamber at City Hall. Present were Councilmember Stewart, Mayor Pro Tem Grable, Mayor Davis, Councilmember Clark, and Councilmember Begert. Also in attendance were City Manager Livingston, and City Attorney Dillard. Two Boy Scouts assisted in leading the Pledge of Allegiance. They introduced themselves as Harrison Carr, Troop 518, working on his Citizenship in the Community merit badge, and Rishee Batra, Troop 730, also working on his Citizenship in the Community merit badge. City Manager Bob Livingston introduced staff in attendance as: Community Information Officer Steve Mace, Information Services staffer Ken Irvin, Police Chief I. CALL TO ORDER A. INVOCATION: City Attorney Robert L. Dillard, III B. PLEDGE OF ALLEGIANCE: City Attorney Robert L. Dillard, III / Boy Scouts C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis D. INTRODUCTION OF STAFF: City Manager Bob Livingston Page 49 of 125 Gary Adams, Public Works Director Bud Smallwood, City Secretary Liz Spector, Parks Director Gerry Bradley, Community Development Director Robbie Corder, Finance Director Kent Austin, Administrative Intern George Ertle, Fire Chief Randy Howell, and Assistant Public Works Director Jacob Speer. Fire Chief Howell introduced several members of his staff in attendance. They included Administrative Assistant Phyllis Mahan, and fire personnel Billy Bounds, Dustin Lewis, Earl Starnes, Shane Schindler, Joe Watkins, Shane LeCroy, Stuart David, Scott Green, Brad Tucker, and Max Raney. Mayor Davis stated that in May, Fire Chief Randy Howell was notified that the Commission on Professional Credentialing had voted unanimously to award him the designation of "Chief Fire Officer." Mayor Davis said that Chief Howell is one of only 761 CFO designees worldwide. Mayor Davis called Fire Chief Howell to the lectern and presented him with a certificate of recognition. This interlocal agreement with the Town of Highland Park provides for the sharing of costs to provide a D.A.R.E. Officer for the Highland Park School District for the 2011 fiscal year. This interlocal agreement with the Town of Highland Park provides for the sharing of costs to provide a School Resource Officer for the Highland Park School District for the 2011 fiscal year. This proposal from Freese & Nichols for $46,500 is to update the hydraulic model for the city’s water distribution system. The company will also make recommendations to allow automatic operation of the booster pump station during emergency conditions. II. AWARDS AND RECOGNITION A. RECOGNITION: of Fire Chief Randy Howell for recent designation of "Chief Fire Officer" from the Center for Public Safety Excellence III. CONSENT AGENDA A. CONSIDER AND ACT: on approval of an Interlocal Cooperation Agreement for Joint Provision of a D.A.R.E. Officer for FY2011 B. CONSIDER AND ACT: on an Interlocal Cooperation Agreement for Joint Provision of a Student Resource Officer (SRO) for FY2011 C. CONSIDER AND ACT: on a contract with Freese & Nichols to provide engineering services associated with conducting a water distribution system evaluation, updating the hydraulic model, and correcting a deficiency in pumping operations at the Germany Park booster pumping station D. CONSIDER AND ACT: on approval of settlement in Moore v. City of Dallas regarding MICU billing Page 50 of 125 This agreement for $37,784.99 will settle the lawsuit brought by the United States Government regarding MICU insurance billing. The billing practice that was under review has now been modified to correctly code MICU calls. In addition, the city will employ an outside auditor to annually perform statistical reviews and report any inconsistencies. By Council resolution, University Park joined 159 other cities in the Steering Committee of Cities Served by Oncor to review and challenge Oncor’s rate hike request in January 2011. The Steering Committee worked to negotiate an agreement with Oncor to reduce their initial rate increase request by 60%. This agreement impacts the average residential user by increasing their monthly Oncor bill $2.35 and will be implemented in two phases, July 1, 2011 and January 1, 2012. ORDINANCE 11/09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, (“CITY”) APPROVING A NEGOTIATED RESOLUTION BETWEEN THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR (“STEERING COMMITTEE”) AND ONCOR ELECTRIC DELIVERY COMPANY LLC (“ONCOR” OR “COMPANY”) REGARDING THE COMPANY’S APPLICATION TO INCREASE ELECTRIC RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ONCOR’S PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE’S LEGAL COUNSEL. Councilmember Clark made a motion to approve the Consent Agenda. Councilmember Stewart seconded, and the motion carried unanimously. Parks Director Gerry Bradley addressed the Council. He said members of the Park Cities Rotary Club are present and will answer any questions the Council may have regarding their request for the display of an Army helicopter at the July 4 parade and picnic in Goar Park. E. CONSIDER AND ACT: on an ordinance approving Oncor Electric settlement agreement F. CONSIDER AND ACT: on approval of minutes of the May 17, 2011 City Council Meeting IV. MAIN AGENDA A. CONSIDER AND ACT: on a request from the Rotary Club of Park Cities for a static display of an Army Apache Helicopter during the July 4th Parade and Picnic Page 51 of 125 Mr. Cleve Clinton addressed the Council. He said he made arrangements with Police Chief Adams and Fire Chief Howell to visit the proposed landing site with the pilot of the helicopter and walk through specific landing protocals. Mr. Clinton also stated that he had received a letter from the FAA stating their approval of the helicopter landing. Councilmember Begert mentioned that he understood the Rotary Club had obtained a one-day $10 million dollar insurance policy with the city as a named coinsured to be in effect for the July 4 event. Mr. Clinton said that was correct. Mayor Davis mentioned that the Rotary Club is in charge of the annual parade. He thanked Mr. Clinton for complying with all the requests the city had made to allow the helicopter landing. Councilmember Begert made a motion to approve a request from the Rotary Club of Park Cities for a static display of an Army Apache Helicopter during the July 4th Parade and Picnic. Councilmember Clark seconded, and the motion carried unanimously. Community Development Director Robbie Corder said this request to allow property owners in the SF-1 district to construct gates and columns up to 8 feet in height at driveways in required front yards had been before the Council previously. He said the Council had previously referred the request to ZOAC and to P & Z and both committees had unanimously recommended adoption of the proposed change. Mr. Corder reminded the Council the current ordinance allows 6 foot gates and columns. Mr. Corder said homeowners would still be required to obtain a special exception from the Board of Adjustment. Mayor Davis opened the public hearing. As there were no requests to speak on the item, Mayor Davis closed the hearing. Councilmember Bob Clark asked if the ordinance specified if columns must be adjacent to gates. Mr. Corder said the ordinance states "located at driveways." City Attorney Rob Dillard said the ordinance would be clarified to state "abutting a driveway." Councilmember Clark made a motion to approve an ordinance amending Section 28- 106 of the University Park Comprehensive Zoning Ordinance to permit gates and columns up to eight feet (8’) in height in the SF-1 District. Councilmember Stewart seconded, and the motion carried unanimously. ORDINANCE 11/10 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY B. PUBLIC HEARING: on an ordinance amending Section 28-106 of the University Park Comprehensive Zoning Ordinance to permit gates and columns up to eight feet (8’) in height in the SF-1 District C. CONSIDER AND ACT: on an ordinance amending Section 28-106 of the University Park Comprehensive Zoning Ordinance to permit gates and columns up to eight feet (8’) in height in the SF-1 District Page 52 of 125 OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 28-106 IN PART TO PERMIT GATES AND COLUMNS UP TO EIGHT FEET (8’) IN HEIGHT IN AN SF-1 DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Director of Community Development Robbie Corder said he received a request from Ms. Elin Greenberg for the city to allow the Friends of the University Park Library to conduct a flea market in the parking lot at Chase Bank with proceeds to benefit the Library. Mr. Corder stated that under current zoning, a flea market cannot be conducted at that particular location because it is zoned P, Parking. He said that the Code of Ordinances section regarding special events could be amended to include the P districts if the Council was agreeable. He said there are only three areas this would affect, the parking lot of Chase Bank, the parking lot in Preston Center East, and a very small lot behind a retail area on Hillcrest. Mr. Corder told the Council if they amended the ordinance it would allow staff to review each request individually and make the determination for occasional sales to occur without having to request Council approval. Mayor Davis asked for a motion to direct staff to amend Article 4.800 of the Code. Councilmember Begert made a motion to request staff to bring an amendment to Article 4.800 of the University Park Code of Ordinances regarding special events to the Council for their consideration. Councilmember Clark seconded, and the motion carried unanimously. City Manager Livingston said the final item on the agenda was to approve a schedule for action on the Legacy Hillcrest PD application. Mayor Davis said it may be necessary to change the dates, however the Council hopes that does not occur. Mayor Davis said a public hearing will be scheduled for July 19, 2011, a work session to include the Council, staff, and representatives of Legacy Hillcrest will be scheduled for September 6, 2011, and final consideration of the request and possible adoption of an approving ordinance will be scheduled for October 4, 2011. He said this would give Legacy Hillcrest time to review the proposed ordinance prior to Council action. Mr. Art Anderson representing Legacy Hillcrest addressed the Council. He said he wanted to assure his client that they would be able to withdraw their application prior to adoption of an ordinance. Mayor Davis said the applicant would be provided a copy of the Council’s final draft of the proposed ordinance with sufficient time to make that determination. D. DISCUSS: a request to amend Article 4.800 University Park Code of Ordinances regarding special events E. CONSIDER AND ACT: on proposed schedule for Legacy Hillcrest planned development district zoning application Page 53 of 125 Mayor Davis thanked Mr. Anderson for his comments. City Manager Livingston explained to the audience that by law, Council may not discuss any item not on the current agenda other than with statement of specific factual information or a recitation of existing policy. There was no one who wished to address the Council and Mayor Davis adjourned the meeting. Considered and approved this 21st day of June, 2011. __________________________________ W. Richard Davis, Mayor ATTEST: ____________________________ Elizabeth Spector, City Secretary V. ITEMS FROM THE FLOOR Page 54 of 125 AGENDAMEMO (6/21/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:JacobSpeer,AssistantDirectorofPublicWorks SUBJECT:PUBLICHEARING:regardingtheCity'sStormWaterManagementProgram (SWMP) BACKGROUND: TheEnvironmentalProtectionAgency(EPA)institute dtheNationalPollutantDischargeElimination System(NPDES)in1990toaddressstormwaterrunof ffromlargemunicipalities,constructionsites largerthanfive(5)acres,andten(10)categories ofindustrialactivity.In1999,theTexas CommissiononEnvironmentalQuality(TCEQ)assumed authorityoftheNPDESundertheTexas PollutantDischargeEliminationSystem(TPDES)and extendedthepermittingrequirementstosmall andmedium-sizedmunicipalitiesinurbanizedareas underthePhaseIIFinalRule.TheStormWater PhaseIIFinalRule,whichtheCityofUniversityP arkfallsunder,isthenextstepintheEPA'seffo rt topreserve,protect,andimprovethenation'swate rresourcesbyrequiringadditionaloperatorsofa MunicipalSeparateStormSewerSystem(MS4)toimpl ementprogramsandpracticestocontrol pollutedstormwaterrunoff. AftergainingapprovalfromtheCityCouncilonJan uary25,2008,thePublicWorksDepartment submittedtheCityofUniversityPark'sStormWater ManagementPlantotheTCEQinJanuary2008. TheCity'sSWMP,amongotherthings,requiresannua lpresentationoftheSWMPtoCounciland AdvisoryCommitteesaswellasanopportunityforp ubliccommentandquestion.Thispresentation andpublichearingwillfulfilltheseobligations. RECOMMENDATION: ThisisarequiredpublichearingandnoCouncilac tionisnecessary. Page 55 of 125 AGENDAMEMO (6/21/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:LizSpector,CitySecretary SUBJECT:CONSIDERANDACT:onadoptionofrevisedCodeofOr dinances BACKGROUND: OnJune28,2010theCityenteredintoacontractw ithFranklinLegalPublishingforacompletelegal reviewandrevisionoftheexistingCodeofOrdinan ces.TheCityhascontractedwithFranklinLegal formanyyearstobiannuallyupdatetheCode,howev er,ithasbeen15yearssinceacompletelegal reviewandcodificationhasbeenperformed.Frankl inattorneysanalyzedeachcodeprovisionand ordinanceandidentifiedanyconflicts,ambiguities ,obsoleteand/orduplicativeprovisionsandmade recommendationstoaddressthosetotheCity.City staffalsorequestedFranklinLegaltoincludethe MasterFeeResolutionasasupplementtotheCode. Oncethelegalreviewwascompleted,staff,alongw iththeCityAttorneyRobertDillard,metwith KirkFranklinofFranklinLegaltoworkthroughthe issuesandapproveupdates.Aftertheagreed uponchangesweremadetothedraftcode,Franklin deliveredacopytotheCityforfinaledits.Bob Livingston,RobDillardandImetwitheachdepartm entheadtoreviewsectionsoftheCode attributabletotheirdepartmentsanddetermineif therewereanyadditionaleditstobemade.A spreadsheetdetailingresponsestothelegalreview isattachedfortheCouncil'sreviewaswellasa documentwithfinaleditssenttoFranklinLegal.Inadditiontothelegalreview,theCodeof OrdinancesandtheZoningOrdinancewerealsorecod ifiedtoincludeallordinancesadoptedthrough December31,2010. RECOMMENDATION: StaffrecommendstheCounciladopttherevisedCode ofOrdinancesascompiledbyFranklinLegal Publishing. ATTACHMENTS: FranklinLegalCodeReview CityanswerstoLegalReview FinalCityEditstoRevisedCode AdoptingOrdinance Page 56 of 125 CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, TEXAS EDITORIAL & LEGAL REVIEW December 6, 2010 As prepared by 2435 20th Street Lubbock, Texas 79411 806.797.8281 www.franklinlegal.net Page 57 of 125 Page 1 of 16 CODE OF ORDINANCES OF THE CITY OF UNIVERSITY, TEXAS EDITORIAL & LEGAL REVIEW Comments GENERAL COMMENTS AND RECOMMENDATIONS 1. The following editorial and legal review has been prepared in conjunction with the preparation of the preliminary draft of the Code of Ordinances of the City of University Park, Texas, and is intended to assist in the review of the preliminary draft of the code. This review points out specific or potential problem areas in the code, along with recommended means of rectifying any such problems. The editorial and legal review is complete, however it should be pointed out that input from the city on the preliminary code draft is extremely important. To that end, it is recommended that council members, staff members, department heads, etc., be involved in the review of this preliminary code draft. Also, keep in mind that the preliminary code draft is for review purposes only. Typographical and/or formatting errors may exist in this draft, as the final proofing is performed only after the final draft is prepared. In cases of obviously misspelled words in the prior code and/or ordinances, the words have been corrected or the correct word has been placed in brackets. The final product will be numbered and indexed. Also, the final product will have tab dividers inserted before each chapter, the index and the reference tables. The final code pages will be printed on both sides on a heavier weight paper and will be bound in a custom 3-ring binder. Any and all findings, comments and/or recommendations made by Franklin Legal Publishing should be fully reviewed by an attorney appropriately designated to represent the city. Liability shall extend only to correction of errors in the code Page 58 of 125 Page 2 of 16 Comments and supplements and not to acts or occurrences resulting from any such errors. 2. The numbering system to be used in the new code is a three- part system. The first number indicates the chapter number. The second indicates the article number within that chapter. The third number indicates the section number within that article and chapter. As an example, section. 3.05.008 would be the eighth section in chapter 3, article 3.05. 3. Many of the code provisions are somewhat dated and are possibly obsolete. Though specific instances of this are pointed out in this review, it is recommended that all of the provisions included in this preliminary code draft be briefly reviewed to determine whether or not they are in accordance with the procedures currently being followed by the city. Of special relevance with respect to this are the fees that are to be charged for various city services. 4. The preliminary draft code is current through Ordinance 10/31 adopted June 7, 2010. Ordinances adopted through the date of this review will be incorporated into the final draft. Ordinances adopted subsequently will be included in the first supplement to the adopted code. 5. Throughout the code and ordinances, fine amounts are referenced. State law periodically changes as to the amounts a municipality may fine persons for certain violations of the municipality’s ordinances. Many of the older provisions currently in effect contain fine amounts, which are significantly lower than the amounts now allowed by state law. Currently, municipalities may impose fines of up to $500.00 for violations of the ordinances except for those ordinances governing fire, health, safety and zoning. In such cases, the fines may be as high as $2,000.00. (See V.T.C.A., Local Government Code, Section 54.001.) In the completed version of the code, a general penalty provision will be include in the first chapter which contains these current penalty amounts. This would make enforcement of the ordinances somewhat simpler. Page 59 of 125 Page 3 of 16 Comments Also, should the Texas Legislature revise the allowable penalty amounts, only this one section of the code would be in need of revision, thus providing a savings on the cost of supplementing the code. 6. Revision will be made throughout the code where necessary to update the name(s) of any state or federal commissions, agencies, etc. 7. Revision will be made throughout the code where necessary to update references to state and federal law. 8. Words, phrases and other materials whose time has passed or that are obsolete have been omitted from the code. This includes the initial appointments to boards, etc. 9. In many instances, a word or phrase appears to have been missing in the original code provision or ordinance. Where the missing language was obvious, it has been included and has been bracketed. Only those changes that could have a potentially substantive effect have been pointed out the following review. Further, in cases where language had been bracketed in the prior code, these brackets have been removed. 10. Materials in the new code will be organized according to the following chapter arrangement: Home Rule Charter Chapter 1: General Provisions Chapter 2: Animal Control Chapter 3: Building Regulations Chapter 4: Business Regulations Chapter 5: Fire Prevention & Protection Chapter 6: Health & Sanitation Chapter 7: Municipal Court Chapter 8: Offenses & Nuisances Chapter 9: Personnel Page 60 of 125 Page 4 of 16 Comments Chapter 10: Subdivision Regulation Chapter 11: Taxation Chapter 12: Traffic & Vehicles Chapter 13: Utilities Chapter 14: Zoning Appendices: Fee Schedule, Code Comparative Table and Ordinance Disposition Table Code Index Also maintained separately is the zoning ordinance, as amended HOME RULE CHARTER 11. No changes will be made to the home-rule charter as part of the ordinance codification process due to the legal requirements regarding the adoption and amendment of home rule charters. (See V.T.C.A., Local Government Code, Section 9.001, et seq.) The charter has been reproduced exactly as it was provided to Franklin Legal Publishing. If the city chooses to follow any recommendations as set forth in this review, it must first comply with all state laws regarding the adoption and amendment of a home-rule charter. CHAPTER 1 GENERAL PROVISIONS 12. Chapter 1, Article 1.01. These provisions pertain to the adoption of the Code of Ordinances generally (i.e., definitions, severability, etc.). (See also comments above regarding the general penalty provision.) 13. Sec. 1.02.003, Notice of claims for damages. Subsection (a) is essentially the same as section 13.06 of the charter. Page 61 of 125 Page 5 of 16 Comments 14. Sec. 1.02.004, Liability and indemnification of city officers and employees. This section is similar to article 1.08, division 2 (Risk Management and Assumption Plan). It is unclear if both of these sections should be retained in the new code. 15. Sec. 1.03.031, Powers and duties. This section is nearly identical to that contained in Article 2, Section 8 of the zoning ordinance. Also, this section refers the “city plan commission,” and gives the powers of this plan commission those of the “city zoning commission.” The zoning ordinance then refers to the “city zoning commission” and to the “planning and zoning commission.” CHAPTER 2 ANIMAL CONTROL 16. Though a portion of this chapter pertains to dangerous dogs (article 2.02, division 2), it should also be noted that in 2001 the Texas Legislature enacted provisions pertaining to dangerous wild animals (see V.T.C.A., Health and Safety Code section 822.101 et seq.) and has given the authority to municipalities to prohibit or regulate by ordinance or order the ownership, possession, confinement, or care of a dangerous wild (V.T.C.A., Health and Safety Code section 822). CHAPTER 3 BUILDING REGULATIONS 17. Sec. 3.01.003, Garages and carports. This section appears to overlap with provisions of the zoning ordinance. The city may wish to review for possible conflicts and duplications, and revise either this section or the zoning ordinance to rectify this. See specifically sections 21-100(3)(f), 21-100(4)(c)vii, and 25- 105 of the zoning ordinance. Page 62 of 125 Page 6 of 16 Comments 18. Sec. 3.01.005, Circular driveways; parking in front or side yard; tandem parking; inset parking. This section also appears to overlap with provisions of the zoning ordinance. The city may wish to review for possible conflicts and duplications, and revise either this section or the zoning ordinance to rectify this. See section 27-100(2) of the zoning ordinance. 19. Sec. 3.01.006, Encroachments in alley easements; surface materials allowed. This section appears to be in conflict with section 8.02.009, which prohibits all man-made structures in alleys. 20. Sec. 3.02.051, Adopted. This section provides for the adoption of the 2006 edition of the International Building Code. It should be noted that the 2009 edition of the code is now available. Similar comment can be made regarding the following codes: • Sec. 3.02.101 regarding the International Residential Code for One- and Two-Family Dwellings • Sec. 3.02.151 regarding the International Energy Conservation Code • Sec. 3.02.201 regarding the National Electrical Code • Sec. 3.02.251 regarding the International Mechanical Code • Sec. 3.02.301 regarding the International Plumbing Code • Sec. 3.02.351 regarding the International Fuel Gas Code 21. Sec. 3.04.002, Definitions. In the definition of “Hazard,” reference is made to the Uniform Building Code, Uniform Mechanical code, etc. The currently adopted codes are the International Codes. 22. Sec. 3.04.006, Enforcement. Subsection (d)(1) of this section refers to the Uniform Building Code, etc. Page 63 of 125 Page 7 of 16 Comments 23. Sec. 3.08.009, Approved trees for planting in parkways. This section contains a list of approved trees for planting in parkways. Section 1.10.034 also contains such a list; however these two lists are not the same. 24. Sec. 3.09.021, Design and construction requirements. This section contains numerous references to the Uniform Building Code. 25. Sec. 3.14.045, Notice to repair. This section references the "code enforcement officer." A person may not claim to be a code enforcement officer or use the title "code enforcement officer" unless the person holds a certificate of registration under V.T.C.A., Occupations Code, chapter 1952. The only exemption to the required registration is found in V.T.C.A., Occupations Code, sec. 1952.002, which provides that a person is not required to be registered if the person: (1) is required to be licensed or registered under another law of this state; and (2) engages in code enforcement under that license or registration. The city should carefully review the qualifications of persons termed "code enforcement officers" to determine compliance with V.T.C.A., Occupations Code ch. 1952. If the officer is not qualified, it is suggested the title "code enforcement officer" be changed to a different title. Although use of the correct title is mandatory, it should be noted that V.T.C.A., Occupations Code sec. 1952.003 provides that the city may engage in code enforcement without employing a person registered under V.T.C.A., Occupations Code chapter 1952. Note: This term is also used in the following sections: • Sec. 6.07.003 • Sec. 6.07.006 • Sec. 8.02.009 Page 64 of 125 Page 8 of 16 Comments CHAPTER 4 BUSINESS REGULATIONS 26. Article 4.03, Affixing or Painting House Numbers on Streets. This article requires a permit for affixing or painting house numbers on streets. Subsection (a) of section 4.02.041, relating to solicitors, states that a solicitor’s permit is required for persons “painting house numbers on streets”. Are both such permits required? 27. Sec. 4.02.004, Hours for peddling or soliciting at private residence. This section limits the time a person may peddle or solicit to certain hours. Ordinances that prohibit peddlers from operating up to the hour of 9:00 p.m. have been stricken in federal court decisions. (See ACORN v. City of Frontenac, 714 F.2d 813 (8th Cir. 1983); Wisconsin Action Coalition v. City of Kenosha, 767 F.2d 1248 (7th Cir. 1985); Massachusetts Fair Share Inc. v. Town of Rockland, 610 F. Supp. 682 (D.C. Mass. 1985).) 28. Sec. 4.07.004, Parking motor vehicle for purpose of display for sale. Should the reference to section 12.05.001 (Enactment of regulations) actually be to article 12.03 (Impoundment of Vehicles)? CHAPTER 5 FIRE PREVENTION AND PROTECTION 29. Sec. 5.01.001, Arson reward. When originally adopted, having such a reward resulted in a discount on the city's key rate fire insurance. As the key rate system no longer exists in the same fashion, the underlying reason for this provision no longer exists. However, the city may wish to retain the reward for the general fire safety of the city. Page 65 of 125 Page 9 of 16 Comments 30. Sec. 5.02.001, Adopted. This section provides for the adoption of the 2006 edition of the International Building Code. It should be noted that the 2009 edition of the code is now available. 31. Article 5.02, Fire Code. Regarding exhibit A at the end of this article (Exhibit A - Figure 902.2.2.4, Permissible Fire Lane Turn-Arounds): In the existing code, this exhibit is located at the end of article 5.300 (now section 5.01.002, Fire equipment for open parking structures). The exhibit appears to belong with the fire code provisions, and has been moved to the end of article 5.02 (Fire Code). However, there is no mention of this exhibit in the current fire code amendments. Should exhibit A be included? The exhibit is of a very poor quality. Please provide a cleaner copy for inclusion, if available. 32. Sec. 5.04.002, Appointment and removal. This section provides that the fire chief is to be appointed subject to the approval of the “manager clerk.” Is this correct? This section also provides that the fire marshal shall be removed only "for cause." This statement instills a property right to employment in this position, as opposed to having the person be an employee at will. The city may wish to consider revising this to provide that the fire marshal is subject to removal at all times and for any reason. CHAPTER 6 HEALTH AND SANITATION 33. Secs. 6.03.003, 6.03.004 and 6.03.006. These sections, pertaining to the neighborhood integrity officer, contain a reference to section 6.502(5). Subsection 6.502(5) was deleted by Ordinance 09/08. It is recommended that this be reviewed and revised as needed. Page 66 of 125 Page 10 of 16 Comments 34. Article 6.05, Weeds, Grass and Other Unsanitary Matter. Additional authority to abate "dangerous weeds" has been granted to cities. This allows cities to immediately abate the nuisances of weeds in excess of forty-eight (48) inches in height which are an immediate danger to the health, life or safety of any person. (See V.T.C.A., Health and Safety Code, section 342.008.) 35. Article 6.06, Trash and Rubbish. Section 6.06.004 provides that these regulations are enforced by the fire marshal. Are these regulations still enforced by the fire marshal? CHAPTER 7 MUNICIPAL COURT 36. Sec. 7.02.003, Building security fund. Subsection (a) of his section lists out the specific uses for the municipal court building security fund. To avoid any conflict with the applicable state law in the future, the town may wish to revise this to read that the fund will be used for those items as specified in V.T.C.A., Code of Criminal Procedure, article 102.017. 37. Sec. 7.02.004, Technology fund. Subsection (d) of this section lists out the specific uses for the municipal court technology fund. To avoid any conflict with the applicable state law in the future, the city may wish to revise this to read that the fund will be used for those items as specified in V.T.C.A., Code of Criminal Procedure, article 102.0172. CHAPTER 8 OFFENSES AND NUISANCES 38. Sec. 8.02.003, Begging in public. This section prohibits begging in public, but seems to overlap and/or conflict with section 4.02.003 which prohibits begging in any residentially zoned area. Page 67 of 125 Page 11 of 16 Comments 39. Sec. 8.02.004, Sleeping in public place. Federal courts have struck such ordinances in other cities, citing First Amendment concerns. Essentially, these courts have held that such prohibitions were unconstitutionally overbroad in that homeless persons were subject to arrest for inoffensive conduct they were forced to perform. (See Pottinger v. City of Miami, S.D.Fla. 1992, 810 F.Supp. 1551.) 40. Sec. 8.07.001, Definitions. The definition of "junked vehicle" has been amended to read as follows: "Sec. 683.071. DEFINITION. In this subchapter, "junked vehicle" means a vehicle that is self propelled and: (1) does not have lawfully attached to it: (A) an unexpired license plate; and (B) a valid motor vehicle inspection certificate; and (2) is: (A) wrecked, dismantled or partially dismantled, or discarded; or (B) inoperable and has remained inoperable for more than: (i) 72 consecutive hours, if the vehicle is on public property; or (ii) 30 consecutive days, if the vehicle is on private property." CHAPTER 9 PERSONNEL 41. Article 9.03, Division 2, Texas Municipal Retirement System. Sections 8.602–8.605 of the existing code are not included. Only section 8.601 (now 9.03.031), relating to participation in the system, is included. Because many of these provisions Page 68 of 125 Page 12 of 16 Comments are updated frequently, it is recommended that these be adopted by reference the state law pertaining to the Texas Municipal Retirement System (V.T.C.A., Government Code, ch. 681 et seq.), saving such ordinances from repeal and referencing them as being on file in the office of the city secretary. CHAPTER 10 SUBDIVISION REGULATION 42. No ordinances pertaining to subdivision regulation were received. A chapter in the Code of Ordinances for ordinances regarding subdivision regulation has been reserved. Should such ordinances be adopted in the future, they can then be included in this chapter. CHAPTER 11 TAXATION 43. None of the provisions contained in this chapter warrant any comments and/or recommendations, but it is recommended that they be fully reviewed for current applicability. CHAPTER 12 TRAFFIC AND VEHICLES 44. Many of the provisions to be contained in this chapter are not legally troublesome, but are of such a local nature that it is important that they be fully reviewed by the city to determine current applicability. This is particularly true with regard to speed limits, parking provisions, etc. 45. Though it can be done either way, many municipalities find it more practical and cost effective to not include regulations Page 69 of 125 Page 13 of 16 Comments pertaining to specific streets (i.e., speed zones, parking zones, etc.). We recommend that the ordinances authorizing the placement of traffic-control devices on specific streets for specific reasons not be included in the code. These ordinances can be specifically saved from repeal and mentioned as being on file in the city offices. Specific subjects include the placement of stop signs, yield signs, and other traffic-control signals and markings; designation of speed zones, no-parking areas, one-way streets, and through streets; etc. 46. Sec. 12.02.004, Designation of crosswalks, safety zones and traffic lanes. Are these functions performed by the chief of police, or by the director of public works? See section 12.02.003. 47. Sec. 12.02.005, Designation of intersections controlled by electronic traffic signals. Are these functions performed by the chief of police, or by the director of public works? See section 12.02.003. 48. Sec. 12.02.001, Conformance with state manual. This section pertains to conformance to the manual regarding traffic- control devices. Traffic-control devices must now be installed in accordance with the manual and specifications adopted by the Texas Transportation Commission pursuant to V.T.C.A., Transportation Code, sec. 544.001. Therefore, it is suggested that this section be revised to read as follows: "All traffic-control devices including signs, signals and markings (pavement and/or curb) installed or used for the purpose of directing and controlling traffic within the city shall conform with the manual and specifications adopted by the state transportation commission as provided in V.T.C.A., Transportation Code, section 544.001. All signs, signals and markings erected or used by the city must conform to the manual and specifications adopted under V.T.C.A., Transportation Code, section 544.001. All existing traffic control devices and those erected in the future by the city being consistent with the manual and specifications, state law and this section shall be official traffic-control devices." Page 70 of 125 Page 14 of 16 Comments 49. Sec. 12.02.044, Presumption that vehicle owner is responsible for violation. In subsections (c) and (e), the references to section 12.02.048 appear to be incorrect. That section does not contain any provisions regarding a contracted entity. CHAPTER 13 UTILITIES 50. Many of the provisions contained in this chapter do not warrant any comment, however it is recommended that they be fully reviewed to determine current applicability to the actual practices of the city, particularly with regard to the various utility rates and charges. Also, note that several comments pertaining to this chapter (and others) are located in the portion of this review regarding the fee schedule in appendix A of the code. 51. Sec. 13.08.133, Civil penalties. Subsection (a) refers to “a maximum civil penalty as provided for in section 1.01.009”. Section 1.01.009 (general penalty) does not provide for civil penalties. CHAPTER 14 ZONING 52. As has been done in the past, the zoning regulations are published separately. The zoning publication consists of the zoning ordinance and a large appendix. The appendix consists of: A. Specific use permit adopted with Ordinance 77/328. B. List of variances from Ordinance 85/3. C. List of specific use permits adopted after adoption of Ordinance 77/328. D. Planned development districts (not a list - the complete text of the ordinance establishing the district, and any amendments). Page 71 of 125 Page 15 of 16 Comments Any ordinances granting or amending planned development districts need to be included in section D. Section C. is a list of specific use permits. This does not appear to have been updated since the original publication in 2005 (the last item on the list is dated 2004). The city may need to update this. 53. No changes will be made to any zoning regulations as part of the ordinance codification process due to the legal requirements regarding the adoption and amendment of zoning regulations. Such ordinances have been reproduced exactly as it was provided to Franklin Legal Publishing. APPENDIX Z FEE SCHEDULE 54. The fee schedule has been somewhat reorganized in order to group related provisions together. It is recommended that all fees contained herein be fully reviewed and revised as necessary. 55. Fees have been adopted by ordinance, by resolution, and sometimes by council action. For this reason, many fees that should be included have not been included in the past. The fee schedule has been compiled from several sources. Though the city now sends all ordinances for incorporation into the code, it will be important that in the future, any resolutions containing or amending fees be sent as well. 56. The following fees are included in the text of the code, but were not included in the fee schedule: 1. Sec. 2.02.047 Annual registration fee for dangerous dogs 2. Sec. 7.02.003 Building security fund 3. Sec. 7.02.004 Technology fund Page 72 of 125 Page 16 of 16 Comments 4. Sec. 7.02.005 Court cost for parking violations; school crossing guard program; child safety fund 57. The following fees are to be set by resolution, but were not included in the master fee resolution: 1. Sec. 3.08.003 trees removed or damaged 2. Sec. 3.09.008 sign variance fee 3. Sec. 7.02.001 Warrant fee; bond fees 4. Sec. 12.05.042 Resident-only permit parking permit zones designated; issuance of permits 5. Sec. 12.05.045 Replacement permit for resident-only permit parking permit 6. Sec. 12.07.033 Fee for parades and public assemblies 7. Sec. 13.05.043 Redemption of impounded garbage containers 8. Sec. 13.06.004 Schedule of drainage charges (set as an amendment to the master fee schedule and is on file in the office of the city secretary) Page 73 of 125 City Answers to Editorial & Legal Review January 7, 2011 Franklin #Code Sec City Answer 1 - 4N/A N/A 51.01.009 6entire code 1.02.001 1.02.002 1.02.005 -- 1.03.031 see item c: change "their judgment" to "its judgment" -- 1.04.002 change last phrase from "city clerk" to "city secretary." -- 1.04.009 remove "on[sic]" -- 1.09.152 -- see item f: insert "in the same manner and" after "(formerly known as Park A) and before "at the same fee." 7 - 14 okay 15 change all references to"city plan commission" and "city zoning commission" to Planning and Zoning Commission 16 leave as written 173.01.003 Robbie Corder suggests to "repeal from Code of Ordinances, but keep in Zoning" 183.01.005 Robbie Corder suggests to "repeal from Code of Ordinances, but keep in Zoning" 193.01.006 okay here, but add to Sec 8.02.009 "except as referenced in 3.01.006" 203.02.051 2009 codes adopted with Ord 10/39 Item (b) says that ordinances will be attested by the city manager, however, the city secretary has been attesting for a very long time. Charter states city secretary will attest. Change. states city manager attests contracts, bonds, etc. Charter states city secretary. insert: (b) A person convicted of an offense under Title 7, Subtitle C, Transportation Code (the Uniform Act Regulating Traffic Update all references to "city plan commission" to "planning and zoning" and all references to "building department" to "community development department" see item d: should read "Reservations for the Park Cites YMCA" and in the same item, delete the phrase "facility utilization" delete chamber rental section. Mark "Reserved." Page 74 of 125 Franklin #Code Sec City Answer 3.02.101 adopted with Ord 10/41 3.02.151 adopted with Ord 10/39 3.02.201 adopted with Ord 10/40 3.02.251 adopted with Ord 10/39 3.02.301 adopted with Ord 10/40 3.02.351 adopted with Ord 10/39 213.04.002 remove all references to "Uniform" 223.04.006 233.08.009 Gerry Bradley suggested to delete list in this section and instead refer reader to "Article 1, Sec. 1.10.034" 243.09.021 remove references to "Uniform" and RCorder suggests changing to "International" remove all references to specific chapter numbers and standard numbers 253.14.045 all city code enforcement officers are certified and licensed through the Texas Dept. of Health Services. Leave as written. 264.03 this is the same permit, a solicitor's permit 274.02.004 strike this section and mark "Reserved." 284.07.004 agree with Franklin. Change as suggested. 295.01.001 Leave as written 305.02.001 2009 Code adopted 11/02/10 as Ordinance 10/42 315.02 Delete Exhibit A per Mike Nolen 325.04.002 33 -- 5.04.009 Change this paragraph to state "…within five (5) business days, appeal to the fire chief, who shall investigate…" -- 5.05.032 the fire department now contributes 14% to frrf. Change from 10% to 14% -- 6.04.031 Change definition of Restaurant to 50% rather than 75% Change: "The fire marshal shall be appointed by the chief of the fire department subject to the approval of the city manager. The fire marshal shall be properly qualified for the duties of his office." See attached pgs 6-5 and 6-6 (redlined with corrections). Remove all references to 6.502(5). Last sentence should read "…prosecution in municipal court for violation of this section when any condition prohibited by this code is found to exist." item (d) (1): change "current adopted codes" to "current adopted editions" and remove all references to "Uniform" and "National" Page 75 of 125 Franklin #Code Sec City Answer 346.05.001 Leave as written with change as follows: "…in excess of eight inches (8")…" 6.05.002 Leave as written with change from ten days to remedy to seven days. 356.06.004 Change (b): "Removal by city. The community development director or his designated representative shall enforce…" -- 7.01.001 change last sentence to: "…chapter 29, Municipal Courts, Texas Govt. Code." -- 7.01.002 change "availability" to "unavailability" -- 7.01.003 367.02.003 377.02.004 388.02.003 delete this section and replace with "Reserved." 398.02.004 delete this section and replace with "Reserved." 408.07.001 change "or" to "and" after Junked Vehicle (1)(a) -- 9.02.001 change to as written in charter, no specific references to departments, as determined by city manager -- 9.02.002 remove …"building inspection and code enforcement" from public works functions 419.03.031 42 no change 43 no change (a) The finance director of the city shall be responsible for the administration of the municipal court. The director of the court shall have the power to employ a court administrator and clerks of the municipal court and supervise the administrator and clerks. The administrator and clerks of the municipal court shall have authority to administer oaths and affidavits, make certificates, affix the seal of the court thereto and otherwise perform all acts necessary in issuing process of the court and conducting the business thereof." Change (a): "Upon determination that a violation of this article exists, the community development director or his designated representative…" change as recommended by Franklin Legal. Use item 10 only: Any item or any purpose specified in V.T.C.A., Code of Criminal Procedure, article 102.017. same as above. Use item (e) only: The municipal court technology fund may be used only for the purposes authorized by article 102.0172, Texas Code of Criminal Procedure, as amended. change as follows: "The city hereby exercises its option and elects to participate in the Texas Municipal Retirement System as provided for in the Government Code, V.T.C.A., as amended, which is adopted by reference." Page 76 of 125 Franklin #Code Sec City Answer -- 9.04.032 -- 9.04.035 -- 9.04.035 -- 9.04.061 4412.02.001 see redline version (12-9) 4512.04.042 remove specific speed limits 1-8. Remove "in this section or established in this chapter" from opening paragraph. 12.04.043 delete and mark "Reserved." 4612.02.004 the director of public works is hereby authorized to supervise the designation... 4712.02.005 change (a) and (b) to director of public works, not chief of police 4812.02.001 see redline version (12-9) 4912.02.044 remove references to section 12.02.048 in paragraph © and (e) -- 12.04.071 accept correction from 8:15 p.m. to 8 :15 a.m. 50 5113.08.133 reference "penalties or fines as allowed by state law." (delete "as provided for in section 1.01.009 of this code") --13.01.003 change as folllows: "…, shall be collected by the manager of the utility billing office within the city." remove all references to "waterworks and sewage department" --13.01.004 under (d) Chief Adams suggests to delete the section relating to "City Jail." Chief Adams asks to remove the entire section regarding the Police Reserve Unit. There is no such entity. under (b) please state: "The chief of police or his designee shall bring all prisoners…" item (7) should read: The manager of the utility billing office will make estimates in those situations where the average water consumption cannot be determined because of dead meters, inaccessible meters, and other related problems. If the consumer feels that such estimates made by the manager of the utility billing office are incorrect, he may appeal the estimated reading to the city manager and ultimately the city council. appointment and removal of police chief shall be changed as follows: "The chief of police shall be appointed and removed by the city manager with the concurrence of the city council." Page 77 of 125 Franklin #Code Sec City Answer -- 13.03.002 -- 13.03.005 "(a) It shall be the duty of the city manager of the utility office…" Strike the word "city" -- 13.03.013 "No person other than an authorized officer or employee of the utilities department shall have, wear…" "…Any such officer, inspector, foreman, or authorized employee of the utilities department…" (a) "…which application shall contain a contract on the part of the applicant to pay the stipulated water rate and sewer fees in the time and manner provided for in this article. The city reserves the right to collect all charges in the manner provided for in this article; to change rates and temporarily discontinue service without notice to the consumer; and to further provide that the city and the manager of the utility office shall not be responsible for any damage by water or otherwise resulting from defective plumbing, broken or faulty services or water mains, or from any condition of the wateritself of any substance that may be mixed with or be in the water as delivered to the consumer." Page 78 of 125 EDITS TO REDLINED CODE AS OF 4/27/2011 Please locate and change all phrases that currently read “Director of xxx” to read “xxx Director.” There are many of these throughout the entire code. Please locate all references to “master fee schedule” and replace with “master fee resolution.” CHAPTER 1: GENERAL PROVISIONS In Chapter 1, there appears to be a page(s) missing. Sec. 1.02.003 is incomplete. There is a blank page and then it appears that the beginning of Sec. 1.02.004 is cut off. In the most recent version received, this is on pages 1-8, 1-9, and 1-10. Sec. 1.04.003 Emergency operating center Replace with the following: Emergency response activities will be coordinated from the emergency operating center (EOC) established by the city manager. The EOC will be activated by the city manager upon notification of a possible or actual emergency. Sec. 1.05.005 Designation of records management officer The city manager secretary is designated as records management officer for the city. (Change city manager to city secretary, leave the rest as written) Sec. 1.05.015 Micrographics Electronic Retention Change all references from “microfilming” to “electronic retention” in this section. Sec. 1.09.001 Rental of Goar Park pavilion Change paragraph (d) as follows: (d) All applicants that desire to use the facility for business, commercial or professional gatherings, may apply for the use of said pavilion for daytime hours between 8:00 a.m. and 10:00 p.m., and if such application is approved, the applicant shall pay the parks director a fee, but the applicant may make no charges nor collect any money of any kind or character from any person whatsoever for the use of the pavilion. Change item (f) (6) as follows: (6) Unauthorized vehicles will not be allowed in the park. Delete item (g)(3) and renumber (g)(4) to (g)(3). Page 79 of 125 Sec. 1.09.032 Motorized vehicles; bicycles Change item (b) as follows: (b) Bicycles are hereby prohibited from being ridden in areas within the parks designated by the director of public works parks director or his representative by appropriate “No Bicycles” signs. Sec. 1.09.111 Use of diving boards: We are completely updating this section to remove specific use rules as follows: Sec. 1.09.111 Rules of Conduct for City Swimming Pool (a) The parks director is authorized to promulgate rules of conduct for persons using the city swimming pool facilities. The rules shall be reviewed and approved by the city council. (b) The parks director shall post appropriate signs at the swimming pool giving notice of the rules of conduct. The notice shall include a statement that such rules are authorized by this Code of Ordinances. (c) The parks director, pool manager, or person in charge of the swimming pool facilities shall have authority to enforce such rules by requiring a person violating them to discontinue use of the facilities for a specified period of time, or by ejection from the pool facilities, or by refusal of admission of the person to the pool facilities or by a means provided in section 1.09.118. (d) Specific rules applicable to a particular facility of the pool, such as diving boards, water slide, and/or splash pad, shall be posted in writing on or near the facility to which they apply. Delete Sections 1.09.112 through 1.09.117 and mark reserved. Sec. 1.09.151 Use of parks and park facilities Change item (d) (2) as follows: (2) Within three (3) days of the time the When an application has been filed with the parks department, the city council and/or city manager will be notified of the action and will be provided copies of the application for review. The city council and the city manager are authorized to request more information from the parties filing the application for the purposes stated above and for the purposes of assessing the demand placed upon city services by the event and the impact upon the area surrounding the park. CHAPTER 2: ANIMAL CONTROL Sec. 2.02.006 Dogs prohibited in food establishments Replace with: The owner of a dog or the proprietor or manager of an establishment where food items are sold or offered for sale or consumption on or off the premises commits an offense if a dog is permitted to enter or remain in such food establishments. This section shall not apply to service Page 80 of 125 animals individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. CHAPTER 3: BUILDING REGULATIONS Article 3.01 General Provisions There are many references in this section which we changed to “director of community development.” Please change to “community development director.” This should be followed throughout the code as well as all references to department directors. Delete Sec. 3.01.003 Parking standards and requirements Delete this section in its entirety and renumber subsequent sections. Sec. 3.02.053 Amendments Section 109.7 Re-inspection fee. A fee as established by the master fee resolution may be charged when: (the rest is correct as written) Section 109.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by the master fee resolution as applicable. The payment of such investigation fee shall not exempt the applicant from compliance with all other provisions of either this code or the technical codes nor from penalty prescribed by law. Table 910.3 REQUIREMENTS FOR DRAFT CURTAINS AND SMOKE AND HEAT VENTS (currently on page 3-19 and 3-20 of the edit) should not be split between two pages. Section 3.04.007 Liability of city employees Delete the words “render himself” and replace with “be” as follows: No officer, agent, or employee of the city shall render himself be personally liable for any damage that may accrue… Sec. 3.09.002 Definitions Change definition of “building official” as follows: Building Official. That person charged with the administration of the building codes of the city. Page 81 of 125 Sec. 3.13.004 Assignment of numbers It shall be the duty of the director of public works community development director to give the proper official number to any person requesting same and to see that all houses are properly numbered in accordance with this article. Sec. 3.14.033 General requirements; variances; appeals Change all references to “director of public works” to “public works director” Sec. 3.14.045 Notice to repair should be changed as follows: (a) “…provided, however, that the director of public works community development director may, upon written application and with good cause shown…” Change as follows: (b) “The form of notice to be issued by the director of public works community development director shall be in a form as may be approved by him, but shall specifically…” Sec. 3.14.082 Permit required; submission of plans; issuance… (b) The permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other conditions set out by the director of public works or his/her designee. (c) The person requesting a permit will provide the director of public works or his/her designee with documentation in the format specified by the public works department, describing: ... (f) All work authorized by the construction permit must be completed in the time specified in the permit. If the work cannot be completed in the specified time periods, the permittee may request an extension from the director of public works or his or her designee. The public works director or his or her designee will use his or her best efforts to approve or disapprove a request for extension as soon as possible. CHAPTER 7: MUNICIPAL COURT Sec. 7.01.003 Administrator; clerks (a) “The finance director of the city shall be responsible for the administration of the municipal court. The director of the court finance director shall have the power to employ a court administrator and clerks…” Page 82 of 125 CHAPTER 9: PERSONNEL Sec. 9.02.004 Public safety Police and fire departments add: Sec. 9.02.008 Community development department The community development department shall have the following functions: building inspection, planning and zoning, and code enforcement. The community development director shall be in charge of such functions and may organize such functions as he/she sees fit. CHAPTER 12: TRAFFIC AND VEHICLES Delete Sec. 12.01.008 Bus Stops Delete Sec. 12.01.011 Manner of driving in funeral or other procession Delete Sec. 12.01.012 Driving between vehicles in procession Delete Sec. 12.01.015 Maintenance of railroad grade crossings Sec. 12.01.016 Obstructions to sight line at intersections There is a reference in paragraph (a) to “two and one-half feet (2-1/2’). Please remove the hyphen in (2 ½’). Delete Sec. 12.01.017 Duty of garagekeepers to report damage to vehicles by bullets Sec. 12.03.004 Fees Replace paragraph (a) with: (a) The vehicle storage facility operator may charge an owner for the notification required by the current rules and regulations of the state department of transportation as referenced in this article. Replace paragraph (c) with: (b) The vehicle storage facility operator may charge for storage of a vehicle impounded under the authority of this article. A daily storage fee may be charged for a day regardless of whether the vehicle is stored for twenty-four (24) hours of the day, except that the daily storage fee may not be charged for more than one (1) day if the vehicle remains at the vehicle storage facility less than twelve (12) hours. A day is considered to begin and end at midnight. Add paragraph (g) as follows: (g) The fees authorized by this section shall be set by the city council in the master fee resolution. Page 83 of 125 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY ADOPTING AND ENACTING THE 2011 UNIVERSITY PARK CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; PROVIDING FOR THE AMENDMENT OF SUCH CODE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Code of Ordinances of the City of University Park, Texas, consisting of Chapters 1 through 14, each inclusive, and Appendices, is hereby amended by the adoption and enactment of the 2011 University Park Code of Ordinances, incorporated herein by reference as Exhibit “A” hereto, and includes all general and permanent ordinances of the City amending the Code of Ordinances and passed on or before December 7, 2010. SECTION 2. All ordinances in conflict with the provisions of this ordinance or the Code of Ordinances, as amended hereby, are repealed. SECTION 3. Penalties; other remedies (a) Unless a different penalty is expressly provided for within this Code, every person convicted of a violation of any provision of this Code shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each violation of a provision of this Code of Ordinances that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, and not to exceed the sum of five hundred dollars ($500.00) for all other violations, except traffic laws and ordinances which shall be subject to a penalty of fine not to exceed two hundred dollars ($200.00) for each offense. (b) Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. (c) In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. SECTION 4. Additions or amendments to the Code of Ordinances when passed in such form as to indicate the intention of the City Council to make same a part of the Page 84 of 125 Code shall be deemed to be incorporated into the Code, so that reference to the Code includes the additions and amendments. SECTION 5. Ordinances adopted after December 7, 2010, and that amend or refer to ordinances that have been codified in this Code of Ordinances shall be construed as if they amend or refer to like provisions of this Code. This amendment of the Code of Ordinances is not intended to and does not affect any of the ordinances described in Section 3 (1)-(14), Ordinance Number 95/28 SECTION 6. This ordinance and the Code of Ordinances as amended hereby shall become effective upon final passage of this ordinance its publication, as the law and Charter in such cases provide. Duly passed and approved by the City Council of the City of University Park, Texas, on the 21st day of June 2011. APPROVED: __________________________________ W. RICHARD DAVIS, MAYOR ATTEST: _________________________________ LIZ SPECTOR, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (rld/5-16-11/49340) Page 85 of 125 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY ADOPTING AND ENACTING THE 2011 UNIVERSITY PARK CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; PROVIDING FOR THE AMENDMENT OF SUCH CODE; AND PROVIDING AN EFFECTIVE DATE. Duly passed by the City Council of the City of University Park, Texas, on the 21st day of June 2011. APPROVED: __________________________________ W. RICHARD DAVIS, MAYOR ATTEST: _________________________________ LIZ SPECTOR, CITY SECRETARY Page 86 of 125 AGENDAMEMO (6/21/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:RobbieCorder,DirectorofCommunityDevelopment SUBJECT:CONSIDERANDACT:onanordinanceamendingArticle4.800UniversityP ark CodeofOrdinancesregardingspecialevents BACKGROUND: DuringtheJune7thCityCouncilmeeting,staffpre sentedtheCityCouncilwitharequestfromthe FriendsoftheLibrarytoamendArticle4.800ofth eCodeofOrdinancesregardingspecial events.TheFriendsoftheLibrarywouldliketoc onductafleamarketasaspecialeventonthe surfaceparkinglotlocatedat6517Hillcrest.The parkinglotiscurrentlyzonedP-Parking;however, Article4.800doesnotpermitspecialeventswithin thiszoningdistrict. ElinGreenbergwiththeFriendsoftheLibraryhas requestedtheCityCouncilconsideramending Article4.800oftheCodeofOrdinancestoinclude parkingdistrictsinthespecialevent category.BasedonfeedbackreceivedfromtheCity CouncilduringtheJune7thmeeting,staffhas draftedanordinancethatwouldallowtheFriendso ftheLibrarytoconductafleamarketasaspecial eventwithintheparkingdistrictwestofHillcrest ,betweenDanielandHaynie.All otherrequirementsforspecialeventswithinArticl e4.800stillapply. ATTACHMENTS: ElinGreenbergLetter Ordinance Page 87 of 125 May 31, 2011 Dear Bob, I am writing to you at the suggestion of Robbie Corder. I spoke to Robbie about the hope of tbe Friends of the Library, to sponsor a Flea Market/Garage Sale/Collectibles/Book Sale event. This would be a community activity, as well as an awareness opportunity and fundraiser for the library. The plan is to hold it on a Sunday, on the Chase Bank parking lot. That property is not currently one of the enumerated properties in ARTICLE 4.800 which regulates this type of event. Robbie didn’t think this was a specific exclusion, just not an inclusion, and he suggested I bring the matter to you. After considering ARTICLE 4.800 DISPLAY AND SALE OF GOODS OUTSIDE A BUILDING, Robbie informed me that our location, the parking at the Chase Bank Building, was not specifically listed in the Article, and a n inclusion or modification of the ARTICLE would be required. He then suggested that I write to you in hopes that you will bring this before the Council for approval. Our plan involves holding the event on the parking lot which is generally considered to be part of Snider Plaza based on the location and the fact that it is contiguous to the Plaza and serves the retail shopping center, as well as the Chase Bank which is a commercial building. We have asked the property owner, Albert Huddleston, for his permission to hold the event on the property, and it was given. He is also aware that we are writing to you to request inclusion of the property on the permitted list and, since the activity benefits the library, he has no objection. After reading ARTICLE 4.800, it seems there are at least three ways to permit us to have the event within the ordinance: 1. Amend (A) to include P1 zoned property. 2. Amend (B) (i) to read Snider Plaza and Hillcrest Avenue from Lovers Lane to Haynie. 3. Add (B) (vii) – The P 1 zoned parking lot at the Chase Bank Building, Daniel to Haynie. In any of these cases, only this piece of property would be affected. Please call me (214-533-9684) with any questions or other suggestions. As always, we rely on your guidance, assistance, and support. Sincerely, Elin Greenberg cc: Robbie Corder Susan Hall Preston Phillips Page 88 of 125 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES BY AMENDING ARTICLE 4.800 “DISPLAY AND SALE OF GOODS OUTSIDE A BUILDING” IN PART TO ADD THE “P” PARKING DISTRICT WEST OF HILLCREST, BETWEEN DANIEL AND HAYNIE, TO THE LIST OF PERMITTED LOCATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. Chapter 4, Article 4.800 “Display And Sale Of Goods Outside A Building”, of the Code of Ordinances of the City of University Park is amended in part to add a location as follows: “Sec. 4.800 DISPLAY AND SALE OF GOODS OUTSIDE A BUILDING … (1) … (A) A temporary SEP may only be permitted in the General Retail, Retail Center, Shopping Center, Parking, Commercial, and retail Planned Development Zoning Districts. (B) The SEP may be granted only for an entire shopping center, area or strip from the following list: … (vii) The “P” Parking District lot west of Hillcrest, between Daniel and Haynie.” SECTION 2. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so declared to be unconstitutional, illegal or invalid. SECTION 3. That all ordinances in conflict with this ordinance or the Code of Ordinances as amended hereby are repealed. Page 89 of 125 SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance as amended hereby shall be deemed guilty of a misdemeanor, and subject to a penalty as provided for in this ordinance, and upon conviction shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such violation shall continue shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of __________ 2011. APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ LIZ SPECTOR, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD; 6/08/11) 49716 Page 90 of 125 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES BY AMENDING ARTICLE 4.800 “DISPLAY AND SALE OF GOODS OUTSIDE A BUILDING” IN PART TO ADD THE “P” PARKING DISTRICT WEST OF HILLCREST, BETWEEN DANIEL AND HAYNIE, TO THE LIST OF PERMITTED LOCATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of __________ 2011. APPROVED: ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY Page 91 of 125 AGENDAMEMO (6/21/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:KentAustin,DirectorofFinance SUBJECT:DISCUSS:BrandedRetailEnergyconceptforParkCitiesPower affinityenergy marketingprogram BACKGROUND: OneJune1,2011,JasonHelmsandElizabethChandle rfromBrandedRetailEnergyCompany (BREC)metwithCitystafftointroducetheiraffin ityenergymarketingconcept.Inshort,BREC establishesRetailElectricProviders(REPs)toded icatefundstosupportvariouscausesand educationalinstitutions.BRECisownedbyChampio nEnergy,whichrepresentativesdescribeasthe largestnon-affiliatedenergycompanyintheU.S. Todatethecompanyhascreatedpartnershipswithu niversitieslikeSMU,UT,andTexasA&Mto createREPsnamedMustangEnergy,LonghornEnergy,andAggieEnergy.Theseuniversities receive$5amonthforeachcustomer.Theuseoff undsisdeterminedinadvance. UniversityParkisthefirstmunicipalitytobeapp roachedwiththeaffinityenergymarketingconcept. BRECrepsplantotalkwiththeTownofHPandHPIS Dalso;theresulting"ParkCitiesPower"REP wouldbenefitallthreeentities.Thecompanywoul dofferelectricityservicetoresidents,witha donationgoingbacktothecityeachmonththeyare customers.InthecaseofUniversityPark,the moneycouldgototheUPCivicFoundation,ortheU Plibrary. Beforeproceedingfurther,Citystaffwouldliketh eCounciltobeintroducedtotheconceptand determinetheCity'slevelofinterestandanylega limplications.TheCitywouldnotbeacustomero f ParkCitiesPower RECOMMENDATION: ReviewtheconceptofaParkCitiesPoweraffinity energycompanyandprovidedirectiontostaff. Page 92 of 125 AGENDAMEMO (6/21/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:BobLivingston,CityManager SUBJECT:CONSIDERANDACT:onacontractwithPSA-DewberryInc.fordesignofinterior spacefinishoutoftheUniversityParkPublicLibr ary BACKGROUND: Constructionwillbeginsoononthenewofficebuil dingthatwillincludetheUniversityParkPublic Library.SincetheCitywillownthespace,itis appropriatethattheCitycontrolthedesignofthe interiorfinishout.Thepresentestimateforthe design,constructionoftheinteriorfinishout,a nd furniture&fixturesforthe17,500squarefootfac ilityis$2.5million. UntilnowtheFriendsoftheLibrary(FOL)havewor keddirectlywitharchitecturalfirmPSA- DewberryInc.usingDenelleWrightson,AIA,toprov idepreliminarydesignfortheinteriorspaces. Theproposedagreementwouldshiftresponsibilityf orinteriordesign/finishouttotheCity. Ms.WrightsonisDirectorofLibraryArchitecturef orPSADewberryandhasworkedwithnumerous citiesnationwideandespeciallyintheDallas-Ft.Wortharea.Theproposedagreementisastandard AmericanInstituteofArchitectsdocumentfordesig nservicesbetweenanowner(City)andarchitect. Theproposedfeefortheprojectis$182,535plusi ncidentalexpenses.Serviceswillincludethe designoftheinteriorincludingHVAC,electrical,restrooms,andfurniture.Thearchitectwillprovi de constructiondocumentsthatwillbeusedtobidthe work,mostlikelyusingaconstructionmanager. Theestimatedfeeoftheconstructionmanagerisin cludedinthe$2.5millioncostofthetotalprojec t. RECOMMENDATION: StaffrecommendsapprovalofthecontractwithPSA-DewberryInc. FUNDINGSOURCE: Therearetwosourcesoffundingforthedesignand construction:1)approximately$800,000fromthe finishoutallowancedescribedinthecontractwith PrestonCenter,and2)$1,274,954intheproceeds fromtheMattieCaruthByrdestate. TheselatterfundsareheldbytheCityinasepar ateaccount.Wewillreturnwithanamendmentto theExecutiveDepartmentbudgettoauthorizeatran sferfromtheByrdEstateReservetotheGeneral Fundtopayforthefee. ATTACHMENTS: LibraryInteriorFinishOutAgreement Page 93 of 125 Page 94 of 125 Page 95 of 125 Page 96 of 125 Page 97 of 125 Page 98 of 125 Page 99 of 125 Page 100 of 125 Page 101 of 125 Page 102 of 125 Page 103 of 125 Page 104 of 125 Page 105 of 125 Page 106 of 125 Page 107 of 125 Page 108 of 125 Page 109 of 125 Page 110 of 125 Page 111 of 125 Page 112 of 125 Page 113 of 125 Page 114 of 125 Page 115 of 125 Page 116 of 125 Page 117 of 125 Page 118 of 125 Page 119 of 125 Page 120 of 125 Page 121 of 125 Page 122 of 125 Page 123 of 125 Page 124 of 125 Page 125 of 125