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HomeMy WebLinkAbout2012.05.15 City Council AgendaCITYOFUNIVERSITYPARK REGULARCITYCOUNCILMEETING LOCATION:CITYHALLCOUNCILCHAMBER AGENDA#2836 MAY15,2012 CALLTOORDER:5:00P.M. 3:30–4:00P.M.EXECUTIVESESSION:UnderTexasGovernmentCode551.072theCouncilwill conveneintoClosedExecutiveSessiontodeliberatethevalueofrealproperty,i.e. alleyeasementadjacenttoLegacyHillcrestproperties.Noactionwillbetaken. ExecutiveConferenceRoom,1stFloor,CityHall. 4:00-5:00P.M.WORKSESSIONFORAGENDAREVIEW:TheCouncilwillconveneintoopen worksessiontoreceiveagendaitembriefingsfromstaff.CouncilConferenceRoom, 2ndFloor,CityHall. TOSPEAKONANAGENDAITEM AnyonewishingtoaddresstheCouncilonanyitemmustfilloutagreen“RequesttoSpeak”formand returnittotheCitySecretary.Whencalledforwardby theMayor,beforebeginningtheirremarks,speakers areaskedtogotothepodiumandstatetheirnameandaddressfortherecord. I.CALLTOORDER A.INVOCATION:MayorProTemporeJerryGrable B.PLEDGEOFALLEGIANCE:MayorProTemporeJerryGrable/BoyScouts C.INTRODUCTIONOFCOUNCIL:MayorW.RichardDavis D.INTRODUCTIONOFSTAFF:CityManagerBobLivingston II.AWARDSANDRECOGNITION A.RETIREMENT:ofCommunicationsSpecialistWilfordDaviswith22yearsof service III.CONSENTAGENDA A.CONSIDERANDACT:onMutualAidAgreementbetweentheUniversityPark PoliceDepartmentandtheSMUPoliceDepartment B.CONSIDERANDACT:onanordinanceamendingtheResidentialParking Districttoincludethe4400blocksofDruidandGlenwick C.REPORT:ReceiveFY2011ComprehensiveAnnualFinancialReport(CAFR) D.CONSIDERANDACT:onaresolutiondenyingthe2012AtmosEnergyrateincrease request E.CONSIDERANDACT:onanordinanceabandoningasanitarysewereasementanda streetlighteasementtoSouthernMethodistUniversity F.CONSIDERANDACT:onanInterlocalAgreementwiththeTownofHighlandPark toconstructsharedwaterandsanitarysewerfacilities G.CONSIDERANDACT:onminutesoftheMay1,2012CityCouncilMeeting Page 1 of 145 - Adams - Adams Pg 3 - Adams Pg 10 - Austin Pg 50 - Austin Pg 93 - Smallwood Pg 102 - Smallwood Pg 126 - Spector Pg 135 IV.MAINAGENDA A.PRESENTATION:ofYouthAdvisoryCouncilReporton2011/2012Activities B.CONSIDERANDACT:onbidsreceivedforreconstructionofcertainstreets 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 145 CERTIFICATE I,ElizabethSpector,City Secretary,do hereby certify that a copy of the May 15,2012 City Council Agenda was posted on the City Hall bulletin board,a place convenientand readily accessible to the generalpublic at all times,and on the City's website,www.uptexas.org,in compliance with Chapter 551,Texas Government Code. DATE OF POSTING:____________________________ TIME OF POSTING:______________________________________________________________ ElizabethSpector,City Secretary DATE OF REMOVAL:_____________________am/pm - Mace Pg 140 - Smallwood Pg 141 AGENDAMEMO (5/15/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GaryW.Adams,ChiefofPolice SUBJECT:CONSIDERANDACT:onMutualAidAgreementbetweentheUniversityPark PoliceDepartmentandtheSMUPoliceDepartment BACKGROUND: ThisagreementprovidestheframeworktoallowtheUPPDandtheSMUPDtocooperatein investigationsofcriminalactivity,enforcethelawsofthisStateandprotecthealth,lifeandproperty fromriot,disaster,threatofconcealedexplosives,unlawfulassemblycharacterizedbyforceand violenceorthreatenedviolence. RECOMMENDATION: Staffrecommendsapprovalofthismutualaidagreement. ATTACHMENTS: LawEnforcementMutualAidAgreementbetweenSouthernMethodistUniversityPolice DepartmentandUniversityParkPoliceDepartment Page 3 of 145 SMUPD/UPPD Mutual Aid Agreement - Page 1 of 6 SOUTHERN METHODIST UNIVERSITY POLICE DEPARTMENT AND UNIVERSITY PARK POLICE DEPARTMENT LAW ENFORCEMENT MUTUAL AID AGREEMENT WHEREAS, Southern Methodist University, (“SMU”) a non-profit Texas educational corporation, by and through its Police Department, and the City of University Park, Texas, a home rule municipality, by and through the University Park Police Department (“UPPD”), desire to form a law enforcement mutual aid team to cooperate in the investigation of criminal activity, enforcement of the laws of the State of Texas, and protection of health, life and property from riot, disaster, threat of concealed explosives, unlawful assembly characterized by force and violence or threatened violence by groups of persons; and, WHEREAS, Subchapter E, Chapter 51, Education Code, section 51.2125 authorizes private institutions of higher education to enter into Mutual Aid Agreements. NOW, THEREFORE, it is mutually agreed by the parties hereto to enter into this Agreement upon the following terms: 1. Definitions: The following terms shall have the following meanings when used in this Agreement: a. “Law Enforcement Officer” means any commissioned peace officer of a Member as defined under the Texas Code of Criminal Procedure. b. “Member” means Southern Methodist University Police Department or University Park Police Department, which are parties to this Agreement. c. “Chief” means the Chief of Police of a Member. d. “Requesting Member” means a Member who requests law enforcement assistance from another Member under this Agreement. e. “Responding Member” means a Member to whom a request for assistance is directed by a Requesting Member under this Agreement. f. “Area” means any property owned by, or under the control of, Southern Methodist University, and located within the city limits of University Park, Texas. 2. Name: Page 4 of 145 SMUPD/UPPD Mutual Aid Agreement - Page 2 of 6 The Members hereby form a mutual aid law enforcement team to be named the “SMUPD/UPPD Law Enforcement Mutual Aid Team.” 3. Purpose: The purpose of the team is to cooperate in the investigation of criminal activity, enforce the laws of this State and protect health, life and property from riot, disaster, threat of concealed explosives, unlawful assembly characterized by force and violence or threatened violence. 4. Request for Assistance: Any request for assistance under this Agreement shall, when reasonably possible, include a statement of the amount and type of equipment and number of law enforcement personnel requested and specify the location to which the equipment and personnel are to be dispatched. However, the amount and type of equipment and number of personnel actually furnished by a Responding Member shall be determined by the Responding Member’s Chief, or his/her designee. 5. Response to Request for Assistance: When a request for assistance is made under this Agreement, a Responding Member shall assign personnel to perform law enforcement duties within the territorial limits of the City, subject to the Responding Member’s determination of availability of personnel and discretion when: A. Such assignment is requested by the Chief or his/her designee of a Requesting Member, and B. The Chief or his/her designee of the Responding Member has determined, in his/her sole discretion that the assignment is necessary to fulfill the purposes of this Agreement in providing police protection and services within the territorial limits of the Requesting Member. 6. Operational control: All personnel of the Responding Member shall report to the Requesting Member’s officer in tactical control at the location to which said law enforcement personnel have been dispatched and shall be under the operational command of the Requesting Member’s Chief or his/her designee, while rendering assistance under a request made pursuant to this Agreement. 7. Release: Law Enforcement Officers of the Responding Member shall be released by the Requesting Member when their services are no longer necessary. Page 5 of 145 SMUPD/UPPD Mutual Aid Agreement - Page 3 of 6 8. Withdrawal from Response: The Chief, or his/her designee, of the Responding Member, in his/her sole discretion, may at any time withdraw the personnel and equipment of the Responding Member or discontinue participation in any activity initiated pursuant to this Agreement. 9. Qualifications of Office and Oath: While any regularly employed Law Enforcement Officer of a Responding Member is in the service of the Requesting Member under this Agreement, said Law Enforcement Officer shall be deemed to be a peace officer of the Requesting Member and be under the command of the Requesting Member’s Chief with all powers of a certified peace officer of the State of Texas. The qualifications of office of said Law Enforcement Officer where regularly employed shall constitute his or her qualifications for office in the territorial limits of the Requesting Member and no additional oath, bond or compensation shall be required. 10. Officer Benefits: Any Law Enforcement Officer or other police personnel assigned to the assistance of another Member pursuant to this Agreement shall receive the same wage, salary, pension, and all other compensation in all other rights of employment in providing such service, including injury, death benefits and worker compensation benefits and well as any available insurance, indemnity or litigation defense benefits Said benefits shall be the same as though the Law Enforcement Officer in question had been rendering service for the Member where he or she is regularly employed. All wage and disability payments, including worker compensation benefits, pension payments, damage to equipment, medical expenses, travel, food and lodging shall be paid by the Member which regularly employs the officer providing service pursuant to this Agreement in the same manner as though such service had been rendered where such person or Law Enforcement Officer is regularly employed. Each Responding Member shall remain responsible for the payment of salary and benefits as well as for legal defense of the Responding Member’s officers or personnel when acting pursuant to this Agreement. 11. Liability: In the event that any person performing law enforcement services pursuant to this Agreement shall be named or cited as a party to any civil claim or lawsuit arising from the performance of their services, said person shall be entitled to the same benefits from their regular employer as they would be entitled to receive if such similar action or claim had arisen out of the performance of their duties as an employee of the Member where they are regularly employed and within the jurisdiction of the Member by whom they are regularly employed. The Members hereby agree and covenant that each Member shall remain solely responsible for the legal defense and any legal liability due to the Page 6 of 145 SMUPD/UPPD Mutual Aid Agreement - Page 4 of 6 actions of an officer or other personnel regularly employed by said Member. Nothing herein shall be construed to expand or enlarge the legal liability of a Member for any alleged acts or omissions of any employee beyond that which might exist in the absence of this Agreement. Nothing herein shall be construed as a waiver of any legal defense of any nature whatsoever to any claim against a Member or against an officer or employee of a Member. 12. Waiver of Claims: Each party of this Agreement respectively waives all claims against the other party for compensation from any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement even though such alleged damage may have occurred as a result of alleged tortious conduct of any party to this Agreement. 13. Immunity Not Waived: The parties hereto expressly do not waive any immunity or other defenses to any civil claims with the execution of this Agreement. It is understood and agreed that, by executing this Agreement, no Member waives, nor shall be deemed hereby to waive, any immunity or defense which otherwise is available in claims arising which occur from or in connection with, any activity conducted pursuant to this Agreement. 14. Venue: Each party to this Agreement agrees that if legal action is brought under this Agreement, the venue shall lie in Dallas County, Texas. The parties hereby stipulate and agree that this Agreement shall be governed by the laws of the State of Texas. 15. Arrest Authority Outside Primary Jurisdiction: It is expressly agreed and understood that a Law Enforcement Officer employed by a Responding Member who performs activities pursuant to this Agreement may make arrests outside the jurisdiction in which said Law Enforcement Officer is regularly employed, but within the Area covered by this Agreement; provided, however, that the law enforcement agency of the Requesting Member’s jurisdiction and/or the jurisdiction in which the arrest is made shall be notified of such arrest without unreasonable delay. The Law Enforcement Officers employed by the parties to this Agreement shall have such investigative or other law enforcement authority in the jurisdictional Area encompassed by the Members, collectively, to this Agreement as is reasonable and proper to accomplish the purposes for which a request for mutual aid assistance is made pursuant to this Agreement. 16. Clauses Severable: The provisions of this Agreement are to be deemed severable such that should any one or more of the provisions or terms contained in this Agreement be, for any reason, Page 7 of 145 SMUPD/UPPD Mutual Aid Agreement - Page 5 of 6 held to be invalid, illegal, void, or unenforceable; such holding shall not affect the validity of any other provision or term herein and the agreement shall be construed as if such invalid, unenforceable, illegal or void provision or term did not exist. 17. Termination: Either party to this Agreement may terminate its participation or rights and obligations as a Member by providing thirty (30) days’ written notice via certified mail to the Chief Law Enforcement Officer of the other Party. 18. Effective Date: This Agreement shall be effective immediately upon the execution by the parties hereto and shall remain in effect until terminated pursuant to Section 17 above. 19. Modification: This Agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. This instrument contains the complete agreement of the parties hereto and any oral modifications, or written amendments not incorporated to the Agreement, shall be of no force or effect to alter any term or condition herein. 20. Execution of Agreement: This Agreement shall be executed by the duly authorized officials of the respective parties pursuant to the approving resolution of the governing body of the respective unit. This agreement may be executed in multiple original copies by the respective parties. 21. Compliance with Law: The parties shall observe and comply with all applicable Federal, State and Local laws, rules, ordinances and regulations that affect the provision of services provided herein. 22. Inter-jurisdictional Pursuit Agreement: The parties hereto expressly understand and agree that this Agreement does not in any way modify or restrict the procedures or guidelines which are followed by a Member. To the extent any provision of, or action taken pursuant to, any Inter- Jurisdictional Pursuit Policy agreement may be construed to conflict with the terms and conditions of this Agreement, the terms of the Inter-Jurisdictional Pursuit Policy Agreement shall control as to those particular actions. 23. Coordinating Agency: Page 8 of 145 SMUPD/UPPD Mutual Aid Agreement - Page 6 of 6 The parties hereby agree that Southern Methodist University Police Department shall serve as the Coordinating Agency of the Agreement. The Chief, or his designee, of said Coordinating Agency shall maintain on file executed originals of this Agreement, related resolutions or orders of the parties and other records pertaining to this Agreement. Executed and entered into on this ______ day of ________________ 2012. UNIVERSITY PARK POLICE DEPARTMENT By: Printed name: Gary Adams Title: Chief of Police Date of governing body approving resolution: _______________________ SOUTHERN METHODIST UNIVERSITY Authorized official: Christine M. Regis Vice President for Business and Finance Date: Page 9 of 145 AGENDAMEMO (5/15/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GaryW.Adams,ChiefofPolice SUBJECT:CONSIDERANDACT:onanordinanceamendingtheResidentialParking Districttoincludethe4400blocksofDruidandGlenwick BACKGROUND: Severalresidentsofthe4400blocksofDruidandGlenwickrequestedtobeincludedinthe ResidentialParkingDistrict.PublicWorksstaffdistributedandcollectedthepetitions.Resultsshow residentsofthirteenofthenineteenhomesofthe4400blockofDruid(68.4%)andtwenty-oneofthe twenty-threehomesofthe4400blockofGlenwick(91.3%)wishtobeincludedinthedistrict. RECOMMENDATION: Staffrecommendsthatthe4400blocksofDruidandGlenwickbeingincludedintheResidential ParkingDistrict. ATTACHMENTS: PetitionforInclusioninResidentialParkingDistrict ResidentialParkingDistrictUpdate PetitionforInclusioninResidentialParkingDistrict PetitionforInclusioninResidentialParkingDistrict Page 10 of 145 PETITION RESIDENTIAL PARKING DISTRICT 4400 Block of Druid The City of University Park is in receipt of a request to designate RESIDENTIAL PARKING ONLY for the 4400 block of Druid, from Armstrong to Lomo Alto. If RESIDENTIAL PARKING ONLY is designated, "residential parking district" signs would be placed along the block and only residents with parking permits will be allowed to park on the street. Prior to any consideration of this matter by the City Council, we are polling those residents impacted by the suggested change. Please provide your opinion on the space provide below: I am in favor of the request to designate RESIDENTIAL PARKING ONLY along the 4400 block of Druid; I am opposed to the request to designate RESIDENTIAL PARKING ONLY along the 4400 block of Druid; If a majority of the surveys are favorable, City staff will develop an enabling ordinance for City Council consideration during the May 1, 2012 City Council meeting. NAME: ADDRESS: E-Mail: Please return surveys to City Hall (c/o DPW Bud Smallwood), 3800 University Blvd, University Park, TX 75205 or e-mail to bsmallwood@uptexas.org no later than April 25,2012. Surveys can also be faxed to 214.987.5499. Page 11 of 145 Page 12 of 145 Page 13 of 145 Page 14 of 145 Page 15 of 145 Page 16 of 145 Page 17 of 145 Page 18 of 145 Page 19 of 145 Page 20 of 145 Page 21 of 145 Page 22 of 145 Page 23 of 145 Page 24 of 145 Page 25 of 145 Page 26 of 145 Page 27 of 145 Page 28 of 145 Page 29 of 145 Page 30 of 145 Page 31 of 145 Page 32 of 145 Page 33 of 145 Page 34 of 145 Page 35 of 145 Page 36 of 145 Page 37 of 145 E-Mail:tel '-'lilLIAn 4~hDJma:),Con) PETITION RESIDENTIALPARKINGDISTRICT 4400BlockofGlenwick TheCityofUniversityParkisinreceiptofarequesttodesignateRESIDENTIALPARKINGONLYfor the 4400blockofGlenwick,fromArmstrongtoLomoAlto.IfRESIDENTIALPARKINGONLYis designated,"residentialparkingdistrict"signswouldbeplacedalongtheblockandonlyresidentswith parkingpermitswillbeallowedtoparkonthestreet.Priortoanyconsiderationofthismatterbefore theCityCouncil,wearepollingthoseresidentsimpactedbythesuggestedchange.Pleaseprovide youropiniononthespaceprovidebelow: /IaminfavoroftherequesttodesignateRESIDENTIALPARKINGONLYalongthe 4400blockofGlenwick;. IamopposedtotherequesttodesignateRESIDENTIALPARKINGONLYalongthe 4400blockofGlenwick; If amajorityofthesurveysarefavorable,CitystaffwilldevelopanenablingordinanceforCityCouncil considerationduringtheMay1,2012CityCouncilmeeting. NAME:L I 5f\1)\)!J s;tl JJ .AQDRESS:14-d-~b \epW\~La PHONE:8\4 335)$'d,d PleasereturnsurveystoCityHall (/0 DPWBudSmallwood),3800UniversityBlvd,UniversityPark, TX75205 or e-mailtobsmallwood@uptexas.orgnolaterthanApril25,2012.Surveyscanalsobe faxedto214.987.5499. Page 38 of 145 Page 39 of 145 Page 40 of 145 Page 41 of 145 Page 42 of 145 Page 43 of 145 Page 44 of 145 1 Jodie Ledat From:Bud Smallwood Sent:Wednesday, April 18, 2012 3:00 PM To:Jodie Ledat Subject:FW: Petition Residential Parking Glenwick petition Bud Gene R. "Bud" Smallwood, P.E. Director of Public Works CITY OF UNIVERSITY PARK City Hall - 3800 University Blvd. University Park, TX 75205 Direct Phone: 214.987.5400 E-Mail: bsmallwood@uptexas.org -----Original Message----- From: Ashley Shull [mailto:ash102878@aol.com] Sent: Wednesday, April 18, 2012 2:39 PM To: Bud Smallwood Subject: Petition Residential Parking We are in favor of the request to designate Residential Parking Only along the 4400 block of Glenwick Ashley and Vance Shull 4436 Glenwick 214-415-0544 ash102878@aol.com Thank you! Ashley Shull Sent from my iPad Page 45 of 145 Page 46 of 145 Page 46 of 145 55362 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, TRAFFIC CONTROL, BY AMENDING SECTION 12.05.042 (a) TO PROVIDE FOR DESIGNATION OF A RESIDENT-PARKING-ONLY ZONE IN THE 4300 AND 4400 BLOCKS OF DRUID AND GLENWICK; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE AND FOR THE ERECTION OF SIGNS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 12, Article 12.05 “Parking”, Section 12.05.042 (a), of the Code of Ordinances, City of University Park, Texas, is hereby amended in part to designate additional resident-parking-only zones, as follows: "Sec. 12.05.042 Zones Designated; issuance of permits (a) The following are designated as resident-parking-only zones, to wit: … (5) The 4300 and 4400 blocks of Druid and Glenwick; …” SECTION 2. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. Page 47 of 145 55362 SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. SECTION 5. That this ordinance shall take effect immediately from and after the publication of the caption, as the law and Charter in such cases provide, subject to the erection of appropriate signs giving notice of the resident-parking-only zone provided for herein. DULY PASSED by the City Council of the City of University Park, Texas, on the 15th day of May 2012. APPROVED: ______________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: ________________________ _________________________________ CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY (RLD/5-9-12/55362) Page 48 of 145 55362 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, TRAFFIC CONTROL, BY AMENDING SECTION 12.05.042 (a) TO PROVIDE FOR DESIGNATION OF A RESIDENT-PARKING-ONLY ZONE IN THE 4300 AND 4400 BLOCKS OF DRUID AND GLENWICK; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE AND FOR THE ERECTION OF SIGNS. DULY PASSED by the City Council of the City of University Park, Texas, on the 15th day of May 2012. APPROVED: ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY Page 49 of 145 AGENDAMEMO (5/15/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:KentAustin,DirectorofFinance SUBJECT:REPORT:ReceiveFY2011ComprehensiveAnnualFinancialReport(CAFR) BACKGROUND: Statelaw(TexasLocalGovernmentCode,Chapter103)requiresmunicipalitiestohavetheirfinancial recordsauditedannuallybyacertifiedpublicaccountant.ThefirmofWeaverLLChascompletedits auditoftheCity'sfinancialstatementsforthefiscalyearendedSeptember30,2011.Arepresentative fromWeaverwillattendtheCityCouncilpre-meetingtotransmittheFY2011CAFR.Asinpast years,theCityreceivedanunqualifiedauditopinionregardingthefairpresentationofitsfinancial statements. Aswithlastyear'saudit,thisyearthereisno"managementletter"(SAS115)conveyingtheauditor's findingstothegoverningbodyregardinganyinternalcontroldeficienciesormaterialweaknesses. ThereisalsonoSAS114letter,whichcommunicatesanysignificantfindingsregardingaccounting issues.Nosignificantproblemsorimpairmentswerenoted. TheCAFRreportsCityactivityaseithergovernmentalorbusiness-type.Governmentalactivities increasedtheCity’snetassetsby$4,016,899inFY2011,andbusiness-typeactivitiesby$2,274,543, foracombinedincreaseof$6,291,442,a4%riseoverFY2010.TotalnetassetsasofSeptember30, 2011,fortheprimarygovernmentwere$161,324,120 . StaffmetwiththeFinanceAdvisoryCommitteeApril12andreviewedtheMD&A(Management's DiscussionandAnalysis)andbasicfinancialstatementsfromtheCAFR.Theseexcerptsareincluded withthisagendaitem.PrintedboundcopiesofthefullFY2011CAFRhavebeendistributedand postedtotheCity'swebsite. StaffhassubmittedtheFY2011CAFRtotheGovernmentFinanceOfficersAssociationinapplication fortheAchievementofExcellenceinFinancialReportingaward.UniversityParkhasreceivedthis Governmental Activities Business-type Activities Total Netassets-- beginning $100,644,983$54,387,137$155,032,120 Changesinnet assets 4,016,8992,274,5436,291,442 Netassets--ending$104,661,882$56,661,080$161,323,562 Page 50 of 145 awardeveryyearsinceFY1998.TheCAFRistheresultofmanyhoursofstaffeffort,overseenby CityControllerTomTvardzik. RECOMMENDATION: ReceivetheFY2011CAFR ATTACHMENTS: FY2011CAFRexcerpt Page 51 of 145 Page 52 of 145 CITY OF UNIVERSITY PARK, TEXAS COMPREHENSIVE ANNUAL FINANCIAL REPORT For the Year Ended September 30, 2011 Issued by Department of Finance Page 53 of 145 Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2011 TABLE OF CONTENTS Page INTRODUCTORY SECTION Letter of Transmittal i-iii GFOA Certificate of Achievement v Map of University Park and Dallas County Area vi Organization Chart vii Principal Officials viii FINANCIAL SECTION Independent Auditor's Report 1-2 Management's Discussion and Analysis 3-16 Basic Financial Statements: Government-wide Financial Statements Statement of Net Assets 18 Statement of Activities 19 Fund Financial Statements: Balance Sheet - Governmental Funds 20 Reconciliation of the Governmental Fund Balance Sheet to the Statement of Net Assets 21 Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds 22 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities 23 Statement of Net Assets - Proprietary Funds 24 Statement of Revenues, Expenses, and Changes in Fund Net Assets - Proprietary Funds 25 Statement of Cash Flows - Proprietary Funds 26 ` Statement of Fiduciary Net Assets 27 Statement of Changes in Fiduciary Net Assets 28 Notes to Financial Statements 29-53 Required Supplementary Information: Texas Municipal Retirement System Schedule of Funding Progress 55 University Park Firemen's Relief and Retirement Fund Schedule of Funding Progress 56 Retiree Health Care Plan 57 Budgetary Comparison Schedule - General Fund 58 Notes to Required Supplementary Information 59 Other Supplementary Information: Combining and Individual Fund Statements and Schedules: Combining Balance Sheet - Nonmajor Governmental Funds 62 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances - Nonmajor Governmental Funds 63 Combining Statement of Net Assets - Internal Service Funds 66 Combining Statement of Revenues, Expenses, and Changes in Fund Net Assets - Internal Service Funds 67 Combining Statement of Cash Flows - Internal Service Funds 68 CITY OF UNIVERSITY PARK, TEXAS Page 54 of 145 STATISTICAL SECTION (Unaudited) Net Assets by Component 71 Changes in Net Assets 72-73 Fund Balances, Governmental Funds 74 Changes in Fund Balances, Governmental Funds 75 Assessed Value and Actual Value of Taxable Property 76 Direct and Overlapping Property Tax Rates 77 Principal Property Tax Payers 78 Property Tax Levies and Collections 79 Ratio of Outstanding Debt 80 Ratio of Net General Bonded Debt Outstanding 81 Direct and Overlapping Governmental Activities Debt 82 Pledged-Revenue Coverage 83 Legal Debt Margin Information 84 Demograhic and Economic Statistics 85 Principal Employers 86 Full-Time Equivalent City Government Employees 87 Operating Indicators by Function/Program 88 Capital Asset Statistics by Function/Program 89 Page 55 of 145 Page 56 of 145 Page 57 of 145 Page 58 of 145 Page 59 of 145 iv Page 60 of 145 v Page 61 of 145 vi Page 62 of 145 vii Page 63 of 145 viii First Term Professional Official and Title Elected Expires Background Richard W. Davis, Mayor 2010 2012 Lawyer Jerry Grable, Mayor Pro Tempore 2006 2012 Real Estate Executive Robert H. Clark, Council Member 2008 2012 Architect Robert Begert, Council Member 2010 2012 Lawyer Thomas Stewart, Council Member 2010 2012 General Contractor Name Year Appointed Robert Livingston City Manager 1991 Robert L. Dillard, III City Attorney 1987 James P. Barklow, Jr.Municipal Judge 1987 Kent R. Austin Director of Finance 1997 Thomas W. Tvardzik Controller 2002 CITY OF UNIVERSITY PARK, TEXAS Elected Officials Appointed Officials Position Financial Advisor First Southwest Company, Dallas, Texas Certified Public Accountants Weaver and Tidwell, L.L.P., Dallas, Texas Bond Counsel McCall, Parkhurst & Horton, Dallas, Texas Page 64 of 145 1 Page 65 of 145 2 Page 66 of 145 3 MANAGEMENT’S DISCUSSION AND ANALYSIS Page 67 of 145 4 Page 68 of 145 CITY OF UNIVERSITY PARK, TEXAS Management’s Discussion and Analysis (MD&A) September 30, 2011 5 Introduction As management of the City of University Park, we offer readers of these financial statements this narrative overview and analysis of the City’s financial activities for the fiscal year ended September 30, 2011. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found on pages 1-3 of this report. Financial Highlights  The assets of the City exceeded its liabilities at the close of the most recent fiscal year by $161,323,562 (net assets). Of this amount, $52,814,625 (unrestricted net assets) may be used to meet the government's ongoing obligations to citizens and creditors.  The government's total net assets increased by $6,291,442, a 4% rise over the prior year.  At the close of the 2011 fiscal year, the City’s governmental funds reported combined ending fund balances of $38,142,442, an increase of $3,432,756 compared with the prior year. Of the total amount, all but $447,942 is classified as spendable, with $5,126,786 of the balance classified as unassigned and therefore spendable for any valid government al purpose.  At the end of the 2011 fiscal year, spendable fund balance for the general fund was $27,863,339, or 107 percent of total general fund expenditures (including transfers out). Of the $27,863,339, however, $20,750,202 is classified as commiitted, namely: Emergency Reserve $2,500,000; SMU PILOT (payment in lieu of taxes) $2,375,000; SMU Land Sale Reserve $15,875,202; while the Byrd Estate ($1,274,954) is restricted. The remaining balance (both assigned and unassigned ) totals $5,838,183.  The City remains free of external debt, having retired its outstanding bonds in 2002. Overview of the Financial Statements This discussion and analysis serves as an introduction to the City of University Park’s basic financial statements, which have three components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-wide financial statements. The government-wide financial statements provide readers with a broad overview of the City of University Park’s finances, in a manner similar to a private-sector business. The statement of net assets presents information on all of the City’s assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. The statement of activities presents information showing how the government's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). Both of the government-wide financial statements distinguish functions of the City of University Park that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or most of their costs through user fees and charges (business- type activities). The City’s governmental activities include general government, public safety, streets, parks, and public works. Business-type activities of the City include water distribution, wastewater collection, and solid waste collection. Page 69 of 145 CITY OF UNIVERSITY PARK, TEXAS Management’s Discussion and Analysis (MD&A) September 30, 2011 6 The government-wide financial statements include not only the City of University Park itself (known as the primary government), but also a legally separate higher education authority and a legally separate private, non-profit foundation for which the City is financially accountable. Financial information for these component units is reported separately from the financial information presented for the primary government itself. The University Park Civic Foundation although also legally separate, functions for all practical purposes as a department of the City of University Park, and therefore has been included as an integral part of the primary government. The government-wide financial statements can be found immediately following the MD&A in this report. Fund financial statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of University Park, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of the City can be divided into three categories: governmental funds, proprietary funds, and fiduciary funds. Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near-term financing require- ments. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the government's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City of University Park maintains four individual governmental funds. Information is presented separately in the governmental funds balance sheet and in the governmental funds statement of revenues, expenditures, and changes in fund balances for the General Fund and the Capital Projects Fund, both of which are considered to be major funds. Individual fund data for each of the two nonmajor governmental funds (University Park Civic Foundation and Police Forfeiture) is provided in the form of combining statements elsewhere in this report. The City of University Park adopts an annual appropriated budget for its General Fund. A budgetary comparison statement has been provided for the General Fund to demonstrate compliance with this budget. The basic governmental fund financial statements can be found in this report following the government-wide financial statements. Proprietary funds . The City maintains two different types of proprietary funds. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The City uses enterprise funds to account for its water and sewer operations and its solid waste operation. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City’s various functions. University Park uses internal service funds to account for its fleet of vehicles and self-insurance program. Because both of these services predominantly benefit governmental rather than business-type functions, they have been included within governmental activities in the government-wide financial statements. Page 70 of 145 CITY OF UNIVERSITY PARK, TEXAS Management’s Discussion and Analysis (MD&A) September 30, 2011 7 Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the water and sewer operations and solid waste operations, both of which are considered to be major funds of the City. The basic proprietary fund financial statements can be found in this report following the basic governmental fund financial statements. Fiduciary funds . Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statement because the resources of those funds are not available to support the City’s own programs. The accounting used for fiduciary funds is much like that used for proprietary funds. The basic fiduciary fund financial statements can be found in this report following the Proprietary Funds Combining Statement of Cash Flows. Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the government-wide and fund financial statements. The notes can be found in this report following the Fiduciary Funds Statement of Changes in Fiduciary Net Assets. Other information. In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City’s progress in funding its obligation to provide pension benefits to its employees and certain budgetary information. Required supplementary information can be found following the notes section. The combining statements referred to earlier in connection with nonmajor governmental funds and internal service funds are presented immediately following the required supplementary information. Government-wide Financial Analysis As noted earlier, net assets may serve over time as a useful indicator of a government's financial position. For the City of University Park, assets exceeded liabilities by $161,323,562 as of September 30, 2011. The largest portion of the City’s net assets ($108,508,937, or 67 percent) reflects its investment in capital assets (e.g., land, buildings, improvements, and machinery and equipment), less any debt used to acquire those assets that is still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. The City has retired all outstanding debt and currently funds its capital assets on a pay-as-you-go basis. CITY OF UNIVERSITY PARK’S NET ASSETS 2011 2010201120102011 2010 Current and other assets 48,909,946$ 45,183,540$ 11,034,128$ 10,884,497$ 59,944,074$ 56,068,037$ Capital assets 60,538,038 59,672,952 47,970,899 45,828,561 108,508,937$ 105,501,513$ Total Assets 109,447,984 104,856,492 59,005,027 56,713,058 168,453,011 161,569,550 Current liabilities 1,664,782 1,492,417 1,824,655 1,841,195 3,489,437$ 3,333,612$ Long-term liabilities 3,121,320 2,719,092 518,692 484,726 3,640,012$ 3,203,818$ Total Liabilities 4,786,102 4,211,509 2,343,347 2,325,921 7,129,449 6,537,430 Net Assets: Invested in capital assets 60,538,038 59,672,952 47,970,899 45,828,564 108,508,937$ 105,501,516$ Unrestricted 44,123,844 40,972,031 8,690,781 8,558,573 52,814,625$ 49,530,604$ Total Net Assets 104,661,882$ 100,644,983$ 56,661,680$ 54,387,137$ 161,323,562$ 155,032,120$ Governmental activities Business-type activities Total Page 71 of 145 CITY OF UNIVERSITY PARK, TEXAS Management’s Discussion and Analysis (MD&A) September 30, 2011 8 The City has no restricted net assets. Unrestricted net assets may be used to meet the government's ongoing obligations to citizens and creditors. At the end of fiscal 2011, the City is able to report positive balances in each category of net assets. The same situation was true last year. Analysis of the City’s Operations – The following table provides a summary of the City’s operations for the year ended September 30, 2011. Governmental activities increased the City’s net assets by $4,016,899 in 2011, and business-type activities by $2,274,543. CITY OF UNIVERSITY PARK’S CHANGES IN NET ASSETS Governmental activities. Thanks to an improving economy and building permit revenues from large institutional projects, net assets from governmental activities increased $4,016,899 in 2011. University Park’s landlocked, built -out status and predominant residential tax base make it reliant on property tax revenues. Any improvement in non-tax revenues or opportunity to restrain expenditures is welcome. Below are notable governmental activities during the fiscal year:  As expected, building permit revenue from the George W. Bush Presidential Center boosted General Fund revenues. Of the $2,846,125 building permit revenue within the $5,259,447 “Charges for Services” category, fully $1,695,265 results from the Presidential Center project.  Homebuilding and commercial activity picked up during the year, producing $1,150,860 in permit revenue versus $948,128 in FY2010. 2011 2010 Change 20112010 Change 2011 2010 Revenues: Program Revenues: Charges for services 5,259,447$ 3,520,167$ 1,739,280$ 17,337,711$ 14,915,228$ 1,187,580$ 22,597,158$ 18,435,395$ General revenues Property tax 15,928,388 15,918,098 10,290 - - - 15,928,388 15,918,098 Sales tax 3,584,805 3,228,336 356,469 - - - 3,584,805 3,228,336 Franchise fees 2,207,303 2,049,354 157,949 - - - 2,207,303 2,049,354 Interest 208,533 369,718 (161,185) 2,738 1,792 (186,484) 211,271 371,510 Other 502,174 1,065,968 (563,794) - 73,036 (8,224) 502,174 1,139,004 Contribution 34 34 - - - - 34 34 Donations 33,596 51,462 (17,866) - - - 33,596 51,462 Gain on sale of capital assets - - - - - (10,134) - - Total revenues 27,724,280 26,203,137 1,521,143 17,340,449 14,990,056 982,738 45,064,729 41,193,193 Expenses: General Government 3,405,642 4,616,440 (1,210,798) - - - 3,405,642 4,616,440 Public Safety 12,173,113 11,681,307 491,806 - - - 12,173,113 11,681,307 Streets 1,755,084 1,872,143 (117,059) - - - 1,755,084 1,872,143 Parks 3,330,332 3,276,568 53,764 - - - 3,330,332 3,276,568 Public Works 2,691,034 2,765,385 (74,351) - - - 2,691,034 2,765,385 Utilities - - - 12,795,748 11,399,252 517,645 12,795,748 11,399,252 Sanitation - - - 2,622,334 2,552,159 294,166 2,622,334 2,552,159 Total Expenses 23,355,205 24,211,843 (856,638) 15,418,082 13,951,411 811,811 38,773,287 38,163,254 Increase in net assets before transfers4,369,075 1,991,294 2,377,781 1,922,367 1,038,645 170,927 6,291,442 3,029,939 Transfers (352,176) (352,176) - 352,176 352,176 (989,740) - - Increase/(decrease) in net assets 4,016,899 1,639,118 2,377,781 2,274,543 1,390,821 (818,813) 6,291,442 3,029,939 Net Assets -- beginning 100,644,983 99,005,865 1,639,118 54,387,137 52,996,316 967,555 155,032,120 152,002,181 Net Assets -- ending 104,661,882$ 100,644,983$ 4,016,899$ 56,661,680$ 54,387,137$ 148,742$ 161,323,562$ 155,032,120$ Governmental activities Business-type activities Total Page 72 of 145 CITY OF UNIVERSITY PARK, TEXAS Management’s Discussion and Analysis (MD&A) September 30, 2011 9  The multi-year decline in interest earnings continued, falling from $369,718 in FY2010 to $208,533 in FY2011, a 44% drop. The target federal funds rate remained at 0-0.25% for the entire fiscal year. The City’s annual weighted average portfolio yield mirrored the earnings skid, falling from 0.637% to 0.465%. For the quarter ending September 30, 2011, the average portfolio yield was a meager 0.397%.  Sales tax revenue continued to improve, rising to $3,584,805, an 11% gain over last year’s $3,228,336. The FY2011 sales tax budget maintained the same $3,128,851 level as FY2010. Of the FY2011 total, $313,553 results from sales tax recoveries. These recoveries represent amounts from sales within University Park that were wrongly remitted to surrounding cities but then recovered. Such recoveries help the City in the short run, with a catch-up payment, and in the long run, as future monthly sales tax amounts are correctly remitted to the City.  Direct alarm revenue grew from $767,484 in FY2010 to $799,884 in FY2011. Administered by the City’s Police Department, the program continues to gain subscribers each month. The additional revenue helps fund the Department’s communications operations, which includes the dispatchers who answer alarm calls from subscribers as well as 9-1-1 calls.  General governmental capital project expenditures during FY2011 totaled $2,269,321, including: curb & gutter replacement, $694,334; street asphalt overlay program, $303,180; fire training tower renovation, $269,761; and Germany Park South construction, $264,306. Revenues by Source – Governmental Activities Charges for services 19% Contributions, donations, other 2%Interest 1% Franchise Fees 8% Property Taxes 57% Sales Tax 13% Page 73 of 145 CITY OF UNIVERSITY PARK, TEXAS Management’s Discussion and Analysis (MD&A) September 30, 2011 10 Expense and Program Revenues – Governmental Activities $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 General Government Public Safety Streets Parks Public Works Expenses Program revenues Business-type activities. Net assets from business-type activities increased $2,274,543 in FY2011, compared with $1,390,821 in FY2010. FY2011 business-type activity highlights include:  Business-type capital project expenditures totaled $3,593,599. Projects included: continuation of the “mile per year” replacement of alley pavement and underground water and sewer lines around Baltimore, Amherst, and Stanford streets ($1,349,324); renovation of the Fondren water tower ($747,273); mile per year replacement around Auburndale and Key streets ($611,612); and completion of the emergency water interconnect with the City of Dallas ($562,656).  Record-breaking summer heat in 2011 produced a geyser-like effect on water sales. Daytime high temperatures in Dallas exceeded 100 degrees 70 times, and 40 days in a row at one point. The City sold 25% more water than in FY2010. Additionally, the FY2011 budget included increases in retail water rates to University Park residents (up 8.2%) and wholesale rates from the City’s water provider (the Dallas County Park Cities Municipal Utility District, up 16%), so the high consumption had an especially dramatic effect. Total City water sales reached $9,469,689, a full 43% above last year’s $6,605,544. Water purchases jumped 36%, rising to $4,655,720 from FY2010’s $3,434,709.  Depreciation expense rose 3.2% to $1,460,020 from $1,414,245 as new assets became subject to depreciation. Page 74 of 145 CITY OF UNIVERSITY PARK, TEXAS Management’s Discussion and Analysis (MD&A) September 30, 2011 11 As the following charts demonstrate, charges for services are the dominant revenue source for business-type activities. This is consistent with the nature of proprietary funds, which are designed to recover their costs through user fees rather than general revenues. Water and Sewer Fund revenues are driven by water consumption, which in turn is driven by weather and consumer habits. Sanitation revenues, by contrast, only increase noticeably when the City raises rates. Revenues by Source – Business-Type Activities Charges for Services 99.98% Interest 0.02% Expenses and Revenues – Business-Type Activities $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 Utilities Sanitation Expenses Program revenues Page 75 of 145 CITY OF UNIVERSITY PARK, TEXAS Management’s Discussion and Analysis (MD&A) September 30, 2011 12 Financial Analysis of the Government’s Funds As noted earlier, the City of University Park uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. This section will discuss major developments within the City’s governmental funds and proprietary funds. Governmental funds . The focus of the City’s governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City’s financing requirements. FY2011 is the first year in which the City’s financial statements are presented in conformity with GASB Statement No. 54, “Fund Balance Reporting and Governmental Fund Type Definitions.” This statement changes the presentation of the fund balance section of governmental funds. Instead of classifying amounts as reserved, unreserved and designated, or undesignated, the Statement uses the following categories:  Nonspendable fund balance—amounts that are not in a spendable form (such as inventory) or are required to be maintained intact (such as the corpus of an endowment fund).  Restricted fund balance—amounts constrained to specific purposes by their providers (such as grantors, bondholders, and higher levels of government), through constitutional provisions, or by enabling legislation.  Committed fund balance—amounts constrained to specific purposes by a government itself, using its highest level of decision-making authority; to be reported as committed, amounts cannot be used for any other purpose unless the government takes the same highest-level action to remove or change the constraint.  Assigned fund balance—amounts a government intends to use for a specific purpose; intent can be expressed by the governing body or by an official or body to which the governing body delegates the authority.  Unassigned fund balance—amounts that are available for any purpose; these amounts are reported only in the General Fund. In particular, unassigned fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of FY2011, the City’s governmental funds – General Fund, Capital Projects Fund, Police Forfeiture Fund, and University Park Civic Foundation -- reported combined ending fund balances of $38,142,442, an increase of $3,432,756 compared to the prior year. Of the total, only $447,942, which represents fuel and supplies inventories, is not spendable. Of the spendable amounts, the $1,274,954 Byrd Estate is the result of proceeds from an estate left to the City in 1989 and is classified as “Restricted.” The $20,750,202 reported as “Committed” is governed by resolutions the City Council approved in 2010. Committed funds cannot be expended without affirmative City Council action. The $10,542,558 in “Assigned” funds represents encumbrances (open purchase orders) and money intended for capital projects. Finally, the “Unassigned” balance of $5,126,786 meets and exceeds the City’s stated fund balance policy minimum, which is equal to 30 days of budgeted operating expenditures ($2,204,842). Page 76 of 145 CITY OF UNIVERSITY PARK, TEXAS Management’s Discussion and Analysis (MD&A) September 30, 2011 13 Fund balance in the Capital Projects Fund increased $364,391 during fiscal 2011 to a total of $9,795,278. The increase resulted from a decline in project expenditures -- $2,269,321, compared with $4,611,004 in FY2010 and $7,875,116 in FY2009. Fund balance for the University Park Civic Foundation, reported as a nonmajor special revenue fund, decreased $3,992. During the year the Foundation received donations totaling $33,596; expenditure activities included the second year of the City employee children’s scholarship program ($23,250) and parks renovations ($13,688). The scholarship program made awards ranging from $375 to $1,000 per semester to 16 students attending college in Texas (15) and Illinois (1). Proprietary funds. The City’s proprietary fund statements provide the same type of information found in the government-wide financial statements, but in more detail. Total net assets of the Water and Sewer Fund at the end of the year amounted to $48,531,365, and those for the Sanitation Fund totaled $1,256,723. The total gain for the Water and Sewer Fund was $1,874,061 and $267,267 for the Sanitation Fund. General Fund Budgetary Highlights. Two budget amendments during the fiscal year increased the expenditure budget by $791,964 and the revenue budget by $94,293. As is the practice, the purpose of the first amendment was to bring forward open encumbrances (purchase orders) from FY2010. By adding their amount to the adopted FY2011 budget, purchases may be completed without exceeding the approved budget. The second budget amendment, approved in September 2011, primarily boosted funding for HVAC and facilities improvements at the Peek Center and City Hall. The revenue budget increases included $86,365 from a State of Texas energy conservation grant, which covered much of the HVAC work just described. The fiscal year ended with the General Fund unassigned fund balance above the City’s established minimum level: $5,126,786 versus $2,705,811. In early FY2012, the City Council approved $711,398 in encumbrances carried forward from FY2011. Budget variances in the General Fund. Revenue totals in two General Fund categories varied significantly from the final budget:  Permits and licenses revenue finished the year 94% ahead of its $1,530,800 budget, totaling $2,973,785. Of these amounts, building permit fees comprised $1,400,000 budget and $2,846,125 actual revenue. The cause of the variance is directly attributable to the $1,695,265 in permit fees from construction of the George W. Bush Presidential Center. The Center is located in University Park on land purchased by Southern Methodist University. Despite the anticipation of a large permit fee from the Bush Presidential Center, City management intentionally budgeted permit revenue at the same level as FY2010. This prevented a nonrecurring spike in the revenue budget for FY2011, which would then need to be lowered or offset in FY2012. Aside from the Center, single-family homebuilding and commercial building activity increased, resulting in $1,150,000 of permit revenue versus $948,128 in FY2010.  “Other” revenue finished the year 60% ahead of its $1,425,735 budget, totaling $2,280,649. The Other revenue category is highly variable from year to year. Two SMU-related items boosted the category’s total. First, the final installment of SMU’s three-year $2,375,000 PILOT payment added $375,000. This amount was added to the existing $2,000,000 in the General Fund’s “Committed to SMU PILOT” component. Second, SMU purchased street rights-of -way from the City for $1,282,884. The space was used to accommodate construction of on-campus street realignment related to construction of the University’s new sophomore commons development and other projects. Page 77 of 145 CITY OF UNIVERSITY PARK, TEXAS Management’s Discussion and Analysis (MD&A) September 30, 2011 14 Capital assets. The City’s investment in capital assets for its governmental and business type activities as of September 30, 2011 , amounts to $108,508,937 (net of accumulated depreciation). This investment in capital assets includes land, buildings, improvements, machinery and equipment, infrastructure, and construction in progress. Capital assets increased by $3,007,421, led by business-type improvements (the completion of three mile- per -year utility replacement projects). Governmental improvements included completion of the Curtis Park swimming pool renovation. CAPITAL ASSETS AT YEAR-END NET OF ACCUMULATED DEPRECIATION Additional information on the City’s capital assets can be found on pages 40-42 in the notes section of this report. Long-term debt. At the end of fiscal year 2011, the City of University Park had no bonded debt outstanding. In June 2002 the City made its final debt service payment on the Series 1993 General Obligation Refunding Bonds. The City has no plans to issue new debt. Economic Factors and Next Year's Budgets and Rates For FY2012, the following economic factors are noteworthy:  For the second year in a row, the appraised value of the City’s taxable base decreased, although by less (2.44%) than the previous year (4.46%). The average appraised value of a single-family home in University Park fell 2.66%, from $1,120,199 to $1,093,015 before exemptions. The FY2012 budget maintained the same property tax rate, $0.27845 per $100, as FY2011, which resulted in a $387,311 budgeted revenue decrease because of the tax base shrinkage. Early indications suggest that property values will be level in University Park in 2012.  Commercial and residential building activity is expected to rise in FY2012. The building permit fee revenue budget for the year again remains at $1,400,000. The City anticipates large building permit fees from projects at SMU, such as construction of the new sophomore commons and renovation of Moody Coliseum.  Retail water rates for FY2012 were unchanged, as the projected increase from the City’s water provider, the Dallas County Park Cities Municipal Utility District, was deferred for a year. A sizeable increase is expected for FY2013.  Construction of the George W. Bush Presidential Center, begun in November 2010, continued throughout FY2011 and into FY2012. Opening of the 225,000 square foot Center, featuring archives, a museum and a policy institute, is scheduled for 2013. 2011 2010 2011 2010 2011 2010 Land 7,041,359$ 7,044,317$ 108,758$ 108,758$ 7,150,117$ 7,153,075$ Construction in progress2,030,008 4,939,338 6,969,822 7,327,793 8,999,830 12,267,131 Buildings 14,928,684 15,235,873 - - 14,928,684 15,235,873 Improvements 20,974,738 20,049,324 40,664,075 38,148,355 61,638,813 58,197,679 Equipment 5,306,221 4,953,685 228,244 243,658 5,534,465 5,197,343 Infrastructure 10,257,028 7,450,415 - - 10,257,028 7,450,415 Total Capital Assets 60,538,038$ 59,672,952$ 47,970,899$ 45,828,564$ 108,508,937$ 105,501,516$ Governmental activities Business-type activities Totals Page 78 of 145 CITY OF UNIVERSITY PARK, TEXAS Management’s Discussion and Analysis (MD&A) September 30, 2011 15 In preparing its fiscal year 2012 budget, City officials once again avoided significant new expenditures and looked for ways to tighten existing ones. No new positions, pay raises, or programs were included. Requests for Information This financial report is designed to provide a general overview of the City of University Park’s finances for all those with an interest in the government's finances. Readers having questions about any of the information in this report or needing additional information should contact Controller, City of University Park, 3800 University Blvd., University Park, TX 75205, call 214-987-5326, or email ttvardzik@uptexas.org. (This area intentionally left blank.) Page 79 of 145 16 Page 80 of 145 17 BASIC FINANCIAL STATEMENTS Page 81 of 145 18 CITY OF UNIVERSITY PARK, TEXAS Statement of Net Assets September 30, 2011 Primary Government Component Units Governmental Activities Business-type Activities Total Southwest Higher Education Authority Texas Higher Education Authority ASSETS Cash and cash equivalents 15,404,447$ 433,225$ 15,837,672$ 279,466$ 68,098$ Investments 36,029,318 999,229 37,028,547 - - Receivables 1,966,634 3,098,499 5,065,133 - - Due from component unit 68,098 - 68,098 - - Prepaids - 710,029 710,029 - - Internal balances (5,429,875) 5,429,875 - - - Inventory 447,942 - 447,942 - - Restricted cash - 363,271 363,271 - - Net pension asset - TMRS 423,382 - 423,382 - - Capital assets Land 7,041,359 108,758 7,150,117 - - Construction in progress 2,030,008 6,969,822 8,999,830 - - Buildings 17,528,809 54,594 17,583,403 - - Improvements other than buildings 26,245,545 70,447,795 96,693,340 - - Machinery and equipment 14,781,699 478,632 15,260,331 - - Infrastructure 12,870,590 - 12,870,590 - - Accumulated depreciation (19,959,972) (30,088,702) (50,048,674) - - Total assets 109,447,984 59,005,027 168,453,011 279,466 68,098 LIABILITIES Accounts payable 592,123 351,365 943,488 - - Accrued liabilities 956,216 419,990 1,376,206 - - Customer deposits/other 113,163 363,271 476,434 - - Deferred gain - 690,029 690,029 - - Due to fiduciary fund 3,280 3,280 - - Due to primary government - - - - 68,098 Net pension obligation - FRRF 803,436 - 803,436 - - Net OPEB obligation 145,943 - 145,943 - - Compensated absences: Due within one year 895,430 218,212 1,113,642 - - Due beyond one year 1,276,511 300,480 1,576,991 - - Total liabilities 4,786,102 2,343,347 7,129,449 - 68,098 NET ASSETS Invested in capital assets 60,538,038 47,970,899 108,508,937 - - Unrestricted 44,123,844 8,690,781 52,814,625 279,466 - Total net assets 104,661,882$ 56,661,680$ 161,323,562$ 279,466$ -$ The notes to the financial statements are an integral part of this statement. Page 82 of 145 19 CITY OF UNIVERSITY PARK, TEXAS Statement of Activities For the Year Ended September 30, 2011 Net (Expenses) Revenues and Changes in Net Assets Primary Government Component Units Program Revenues Southwest HigherTexas Higher Charges for Governmental Business-type EducationEducation Functions/Programs:ExpensesServices ActivitiesActivities Total Authority Authority Primary government: Governmental activities: General Government 3,405,642$ 36,492$ (3,369,150)$ -$ (3,369,150)$ -$ -$ Public Safety 12,173,113 1,972,793 (10,200,320) - (10,200,320) - - Streets 1,755,084 - (1,755,084) - (1,755,084) - - Parks 3,330,332 364,402 (2,965,930) - (2,965,930) - - Public Works 2,691,034 2,885,760 194,726 - 194,726 - - Total governmental activities 23,355,205 5,259,447 (18,095,758) - (18,095,758) - - Business-type activities: Utilities 12,795,748 14,384,367 - 1,588,619 1,588,619 - - Sanitation 2,622,334 2,953,344 - 331,010 331,010 - - Total business-type activities 15,418,082 17,337,711 - 1,919,629 1,919,629 - - Total primary government 38,773,287$ 22,597,158$ (18,095,758) 1,919,629 (16,176,129) - - Component units: Southwest Higher Education Authority -$ -$ - - - - - Texas Higher Education Authority - - - - - - - Total component units -$ -$ - - - - - General revenues: Property tax 15,928,388 - 15,928,388 - - Sales tax 3,584,805 - 3,584,805 - - Franchise taxes 2,207,303 - 2,207,303 - - Interest 208,533 2,738 211,271 265 34 Other 502,174 - 502,174 - - Contribution 34 - 34 - (34) Donations 33,596 - 33,596 - - Transfers (352,176) 352,176 - - - Total general revenues and transfers 22,112,657 354,914 22,467,571 265 - Changes in net assets 4,016,899 2,274,543 6,291,442 265 - Net assets - beginning 100,644,983 54,387,137 155,032,120 279,201 - Net assets - ending 104,661,882$ 56,661,680$ 161,323,562$ 279,466$ -$ The notes to the financial statements are an integral part of this statement. Page 83 of 145 20 CITY OF UNIVERSITY PARK, TEXAS Balance Sheet Governmental Funds September 30, 2011 Other Total Governmental Governmental GeneralCapital Projects Funds Funds ASSETS Cash and cash equivalents 10,445,002$ 2,836,230$ 35,724$ 13,316,956$ Investments 32,400,860 1,471,689 - 33,872,549 Receivables (net of allowance of $366,761) Ad valorem tax 148,312 - - 148,312 Sales tax 643,175 - - 643,175 Franchise 627,040 - - 627,040 Accrued interest 49,502 222 - 49,724 Other 492,879 - - 492,879 Due from other funds 6,560,980 5,798,669 159 12,359,808 Due from component unit 68,098 - - 68,098 Inventory 447,942 - - 447,942 Total assets 51,883,790$ 10,106,810$ 35,883$ 62,026,483$ LIABILITIES AND FUND BALANCES Liabilities: Accounts payable 280,686$ 307,943$ -$ 588,629$ Accrued liabilities 843,714 3,589 - 847,303 Customer deposits/other 113,163 - - 113,163 Deferred revenue 378,338 - - 378,338 Due to other funds 21,953,328 - - 21,953,328 Due to fiduciary fund 3,280 - - 3,280 Total liabilities 23,572,509 311,532 - 23,884,041 Fund Balances: Nonspendable 447,942 - - 447,942 Spendable Restricted for: Byrd Estate 1,274,954 - - 1,274,954 Committed to: SMU land sale 15,875,202 - - 15,875,202 Emergency expenditures 2,500,000 - - 2,500,000 SMU PILOT 2,375,000 - - 2,375,000 Assigned to: General Government 408,088 9,795,278 7,477 10,210,843 Public Works 162,614 - - 162,614 Public Safety 118,443 - 5,687 124,130 Parks 22,252 - 22,719 44,971 Unassigned 5,126,786 - - 5,126,786 Total fund balances 28,311,281 9,795,278 35,883 38,142,442 Total liabilities and fund balances 51,883,790$ 10,106,810$ 35,883$ 62,026,483$ The notes to the financial statements are an integral part of this statement. Page 84 of 145 21 CITY OF UNIVERSITY PARK, TEXAS Reconciliation of the Governmental Fund Balance Sheet to the Statement of Net Assets September 30, 2011 Total fund balances - governmental funds 38,142,442$ Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds.57,119,522 Certain receivables will be collected this year, but are not available to pay for the current period's expenditures and are, therefore, deferred in the funds.310,240 All equity remaining in the Texas Higher Education Authority will eventually become property of the government, however, since that amount is not yet available, it is deferred in the funds.68,098 This amount is the net pension asset (TMRS) recorded at the government wide level, not recorded in the funds.423,382 This amount is the net other post-employment benefits obligation recorded at the government wide level, not recorded in the funds.(145,943) This amount is the net pension obligation (FRRF) recorded at the government wide level, not recorded in the funds.(803,436) The long term portion of compensated absences is not due and payable in the current period and therefore is not reported in the funds. (1,925,217) Internal service funds are used by management to charge the costs of various services to individual funds. The governmental portion of the assets and liabilities of the internal service funds are included in governmental activities in the statement of net assets.11,472,794 Total net assets - governmental activities 104,661,882$ The notes to the financial statements are an integral part of this statement. Page 85 of 145 22 CITY OF UNIVERSITY PARK, TEXAS Statement of Revenues, Expenditures, and Changes in Fund Balances Governmental Funds For the Year Ended September 30, 2011 Other Total Governmental Governmental GeneralCapital Projects Funds Funds REVENUES Property taxes 15,942,729$ -$ -$ 15,942,729$ Sales tax 3,584,805 - - 3,584,805 Franchise fees 2,207,303 - - 2,207,303 Permits and licenses 2,973,785 - - 2,973,785 Fines 460,329 - - 460,329 Charges for services 1,468,322 - - 1,468,322 Other 2,280,649 47,907 1,234 2,329,790 Investment income 195,616 12,870 47 208,533 Donations - - 33,596 33,596 Total revenues 29,113,538 60,777 34,877 29,209,192 EXPENDITURES Current: General Government 3,777,128 107,085 23,915 3,908,128 Public Safety 11,778,021 - 14,279 11,792,300 Streets 1,737,530 - - 1,737,530 Parks 3,091,872 - 13,688 3,105,560 Public Works 2,611,421 - - 2,611,421 Capital Outlays - 2,269,321 - 2,269,321 Total expenditures 22,995,972 2,376,406 51,882 25,424,260 Excess (deficiency) of revenues over (under) expenditures 6,117,566 (2,315,629) (17,005) 3,784,932 OTHER FINANCING SOURCES (USES) Transfers in - 2,680,020 - 2,680,020 Transfers out (3,032,196) - - (3,032,196) Total other financing sources (uses)(3,032,196) 2,680,020 - (352,176) Net change in fund balances 3,085,370 364,391 (17,005) 3,432,756 Fund balances - beginning 25,225,911 9,430,887 52,888 34,709,686 Fund balances - ending 28,311,281$ 9,795,278$ 35,883$ 38,142,442$ The notes to the financial statements are an integral part of this statement. ` Page 86 of 145 23 Amounts reported for governmental activities in the statement of activities are different because: Net change in fund balances - total governmental funds 3,432,756$ Capital Expenditures 2,447,252 Depreciation Expense (1,978,287) Net book value of retired assets (2,958) 466,007 (27,311) This amount is the net TMRS pension asset recorded at the government level, not recorded in the funds.197,696 This amount is the net other post employment benefits obligation recorded at the government wide level, not recorded in the funds.(129,558) (230,177) 34 (42,024) 349,476 Change in net assets of governmental activities 4,016,899$ The notes to the financial statements are an integral part of this statement. This amount is the change in the long-term portion of compensated absences, and as such, it is not reported in the funds. Internal service funds are used by management to charge the costs of vehicle service, repair and replacement and various insurance services to individual funds. The net revenue of certain activities of internal service funds is reported with governmental activities. For the Year Ended September 30, 2011 Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period, exclusive of the capital asset activity of internal service funds. Expenditures in the statement of activities that do not consume current financial resources are not reported as expenditures in the funds. Texas Higher Education Authority contributions in the statement of activities that do not provide current financial resources are not reported as contribution revenue in the funds. CITY OF UNIVERSITY PARK, TEXAS Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities This amount is the net FRRF pension obligation recorded at the government wide level, not recorded in the funds. Page 87 of 145 24 CITY OF UNIVERSITY PARK, TEXAS Statement of Net Assets Proprietary Funds September 30, 2011 Business-type Activities - Enterprise FundsGovernmental Activities - Water and Internal SewerSanitation TotalService Funds ASSETS Current assets Cash and cash equivalents 53,387$ 379,838$ 433,225$ 2,087,491$ Investments 999,229 - 999,229 2,156,769 Receivables (net of allowance)2,661,240 437,259 3,098,499 5,504 Due from other funds 7,928,016 2,418,049 10,346,065 13,043,870 Prepaids - 45,808 45,808 - Total current assets 11,641,872 3,280,954 14,922,826 17,293,634 Non-current assets Prepaids - 664,221 664,221 - Restricted cash 363,271 - 363,271 - Capital assets: Land 108,758 - 108,758 - Buildings 54,594 - 54,594 - Improvements other than buildings 70,447,795 - 70,447,795 - Machinery and equipment 253,670 224,962 478,632 9,055,462 Construction in progress 6,969,822 - 6,969,822 - Less accumulated depreciation (29,992,480) (96,222) (30,088,702) (5,636,946) Total capital assets (net of accumulated depreciation)47,842,159 128,740 47,970,899 3,418,516 Total non-current assets 48,205,430 792,961 48,998,391 3,418,516 Total assets 59,847,302 4,073,915 63,921,217 20,712,150 LIABILITIES Current liabilities Accounts payable 340,578 10,787 351,365 3,494 Accrued liabilities 347,436 72,554 419,990 250,500 Deferred gain - 45,808 45,808 - Accrued compensated absences 104,028 114,184 218,212 45,908 Due to other funds 9,997,887 1,791,895 11,789,782 2,006,633 Total current liabilities 10,789,929 2,035,228 12,825,157 2,306,535 Non-current liabilities Deferred gain - 644,221 644,221 - Customer deposits - payable from restricted cash 363,271 - 363,271 - Accrued compensated absences 162,737 137,743 300,480 59,229 Total non-current liabilities 526,008 781,964 1,307,972 59,229 Total liabilities 11,315,937 2,817,192 14,133,129 2,365,764 NET ASSETS Invested in capital assets 47,842,159 128,740 47,970,899 3,418,516 Unrestricted 689,206 1,127,983 1,817,189 14,927,870 Total net assets 48,531,365$ 1,256,723$ 49,788,088 18,346,386$ Adjustment to reflect the consolidation of internal service fund activities related to enterprise funds.6,873,592 Net assets of business-type activities 56,661,680$ The notes to the financial statements are an integral part of this statement. Page 88 of 145 25 CITY OF UNIVERSITY PARK, TEXAS Statement of Revenues, Expenses, and Changes in Fund Net Assets Proprietary Funds For the Year Ended September 30, 2011 Business-type Activities - Enterprise FundsGovernmental Activities - Water and Internal SewerSanitation TotalService Funds Operating revenues Charges for sales and services: Water sales 9,469,688$ -$ 9,469,688$ -$ Sewer 4,456,536 - 4,456,536 - Refuse collection - 2,399,410 2,399,410 - Yard waste bags - 60,354 60,354 - Recycling - 417,189 417,189 - Stormwater 440,418 - 440,418 - Charges for service - - - 1,465,497 Premiums - - - 3,095,651 Other revenue 17,724 76,391 94,115 22,816 Total operating revenues 14,384,366 2,953,344 17,337,710 4,583,964 Operating expenses Personal services 2,482,987 1,855,328 4,338,315 843,379 Contractual and other services 8,027,567 670,408 8,697,975 95,880 Depreciation 1,453,848 6,172 1,460,020 530,605 Supplies and other 300,326 154,660 454,986 23,152 Administrative and fiscal services 600,000 - 600,000 668,606 Claims paid and change in estimate - - - 2,016,278 Total operating expenses 12,864,728 2,686,568 15,551,296 4,177,900 Operating income 1,519,638 266,776 1,786,414 406,064 Nonoperating revenues Investment income 2,247 491 2,738 15,132 Gain on sale of capital assets - - - 61,495 Income before transfers 1,521,885 267,267 1,789,152 482,691 Transfers from other funds 352,176 - 352,176 - Change in net assets 1,874,061 267,267 2,141,328 482,691 Total net assets - Beginning 46,657,304 989,456 17,863,695 Total net assets - Ending 48,531,365$ 1,256,723$ 18,346,386$ Adjustment to reflect the consolidation of internal service fund activities related to enterprise funds 133,215 Change in net assets of business-type activities 2,274,543$ The notes to the financial statements are an integral part of this statement. Page 89 of 145 26 CITY OF UNIVERSITY PARK, TEXAS Statement of Cash Flows Proprietary Funds For the Year ended September 30, 2011 Business-type Activities - Enterprise FundsGovernmental Activities - Water and Internal SewerSanitation TotalService Funds CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users 13,756,425$ 2,902,744$ 16,659,169$ 4,590,569$ Payments from (to) other funds 1,887,722 (271,146) 1,616,576 (1,501,503) Payments to suppliers (8,948,772) (824,683) (9,773,455) (3,031,667) Payments to employees (2,475,024) (1,806,915) (4,281,939) (838,843) Net cash provided by (used in) operating activities 4,220,351 - 4,220,351 (781,444) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition of capital assets (3,602,356) - (3,602,356) (971,908) Transfers from other funds 352,176 - 352,176 - Proceeds from sale of capital assets - - - 103,718 Net cash (used in) capital and related financing activities(3,250,180) - (3,250,180) (868,190) CASH FLOWS FROM INVESTING ACTIVITIES Purchase of investment securities (997,521) - (997,521) (2,157,929) Proceeds from the sale and maturities of investment securities - - - 3,148,885 Interest on investments 539 491 1,030 21,922 Net cash (used in) provided by investing activities (996,982) 491 (996,491) 1,012,878 Net increase (decrease) in cash and cash equivalents (26,811) 491 (26,320) (636,756) Cash and cash equivalents, beginning of year 80,198 379,347 459,545 2,724,247 Cash and cash equivalents, end of year 53,387$ 379,838$ 433,225$ 2,087,491$ Reconciliation of operating income to net cash provided by (used in) operating activities: Operating income 1,519,638$ 266,776$ 1,786,414$ 406,064$ Adjustments to reconcile operating income to net cash provided by (used in) operating activities: Depreciation expense 1,453,848 6,172 1,460,020 530,606 (Increase) in due from other funds (1,921,025) (679,978) (2,601,003) (1,493,127) Decrease in deposit on insurance claims - - - 1,809 (Increase) in accounts receivable (627,943) (50,600) (678,543) - Decrease in prepaid expenses - 45,808 45,808 - Decrease in interest receivable - - - 4,796 (Decrease) increase in accrued liabilities (12,914) 48,798 35,884 (223,216) (Decrease) in deferred gain - (45,808) (45,808) - Increase (decrease) in due to other funds 3,808,747 408,832 4,217,579 (8,376) Total adjustments 2,700,713 (266,776) 2,433,937 (1,187,508) Net cash provided by (used in) operating activities 4,220,351$ -$ 4,220,351$ (781,444)$ NON-CASH INVESTING ACTIVITIES Change in the fair value of investments 1,708$ -$ 1,708$ 6,790$ The notes to the financial statements are an integral part of this statement. Page 90 of 145 27 CITY OF UNIVERSITY PARK, TEXAS Statement of Fiduciary Net Assets Fiduciary Funds September 30, 2011 Firemen's Relief and Retirement Fund ASSETS Cash and cash equivalents 208,497$ Receivables 10 Due from other funds 3,280 Investment Funds, at fair value: Domestic Value 1,371,383 Domestic Growth 1,120,590 International Value 614,749 International Growth 602,708 Real Estate Investment Trust 224,450 Income Opportunity 838,749 Global Strategic Diversification 462,048 Fixed Income 1,717,751 High Yield 371,981 Total investments 7,324,409 Total assets 7,536,196 LIABILITIES Total liabilities - NET ASSETS Assets held in trust for pension benefits, pool participants, and other purposes 7,536,196$ The notes to the financial statements are an integral part of this statement. Page 91 of 145 28 CITY OF UNIVERSITY PARK, TEXAS Statement of Changes in Fiduciary Net Assets Fiduciary Funds For the Year Ended September 30, 2011 Firemen's Relief and Retirement Fund ADDITIONS Contributions: City 467,826$ Employee 419,294 Total contributions 887,120 Investment earnings: Interest income 216,974 Realized gain on investments 80,339 Total investment earnings 297,313 Total additions 1,184,433 DEDUCTIONS Pension benefit payments 888,898 Unrealized decrease in the fair value of investments 332,044 Administrative expenses 92,642 Total deductions 1,313,584 Change in net assets (129,151) Net assets - Beginning 7,665,347 Net assets - Ending 7,536,196$ The notes to the financial statements are an integral part of this statement. Page 92 of 145 AGENDAMEMO (5/15/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:KentR.Austin,CPFO SUBJECT:CONSIDERANDACT:onaresolutiondenyingthe2012AtmosEnergyrateincrease request BACKGROUND: AtitsFebruary21,2012,meeting,theCityCouncilapprovedaresolutionsuspendingtheeffective dateofanAtmosEnergyMid-TexDivision11.94%rateincreaserequest.Thisactionwas recommendedbytheAtmosCitiesSteeringCommittee(ACSC),a154membercitygroupofwhich UniversityParkispart.Thesuspensionallowed90daysbeyondtheMarch6effectivedateforACSC membersandconsultantstostudytherequest. SincethenAtmosandACSCrepresentativeshavemettonegotiateasettlement.ACSCconsultants foundevidencesupportingnota$49millionincreasebuta$23milliondecrease.ACSChasgiven Atmosasettlementoffer;Atmosplanstoprovideawrittenofferafterthesuspensionperiodendsin earlyJune. Consequently,ACSCisrecommendingthatitsmemberspassadenialresolution,anactionAtmosis awareofandwhichdoesnotprecludeasettlementagreement.Onceasettlementisreached,ACSC willreturnwitharequestformembercitiestoapprovethesettlement. RECOMMENDATION: CitystaffrecommendsapprovaloftheresolutiondenyingtheAtmosEnergyrateincreaserequest. ActionisrequiredbeforeJune11,2012.Staffexpectstoreturnwithanegotiatedsettlementtobe approvedbytheCityCouncilatalatermeetingdate. ATTACHMENTS: ResolutiondenyingAtmosEnergyrateincreaserequest ACSCmembersmemo4/30/2012 Modelstaffreport--Atmosrateincreaserequestdenial ExhibitA--ACSCconsultants'recommendedadjustments Page 93 of 145 2070343.1 1 RESOLUTION NO. ____________________ RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, DENYING ATMOS ENERGY CORP., MID-TEX DIVISION’S (“ATMOS MID-TEX”) REQUESTED RATE CHANGE; REQUIRING THE COMPANY TO REIMBURSE THE CITY’S REASONABLE RATEMAKING EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND ACSC’S LEGAL COUNSEL WHEREAS, the City of University Park, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and is a regulatory authority under the Gas Utility Regulatory Act (“GURA”) and under Chapter 104, §104.001 et seq. of GURA, has exclusive original jurisdiction over Atmos Mid-Tex’s rates, operations, and services within the City; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of over 150 similarly situated cities served by the Company that have joined together to facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid- Tex Division; and WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007 Statement of Intent to increase rates, ACSC and the Company worked collectively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process controlled in a three-year experiment by ACSC as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, ACSC and the Company agreed to extend the RRM process in reaching a settlement in 2010 on the third RRM filing; and WHEREAS, in 2011, ACSC and the Company engaged in good faith negotiations regarding the continuation of the RRM process, but were unable to come to ultimate agreement; and WHEREAS, on or about January 31, 2012, the Company filed a Statement of Intent with the cities retaining original jurisdiction within its Mid-Tex service division to increase rates by approximately $49 million; and WHEREAS, Atmos Mid-Tex proposed March 6, 2012, as the effective date for its requested increase in rates; and Page 94 of 145 2070343.1 2 WHEREAS, the City suspended the effective date of Atmos Mid-Tex’s proposed rate increase for the maximum period allowed by law and thus extended the City’s jurisdiction until June 4, 2012; and WHEREAS, on April 25, 2012, the Company extended the effective date for its proposed rates by one week, which similarly extended the City’s jurisdiction until June 11, 2012; and WHEREAS, the ACSC Executive Committee hired and directed legal counsel and consultants to prepare a common response to the Company’s requested rate increase and to negotiate with the Company and direct any necessary litigation; and WHEREAS, ACSC’s consultants conducted a review of the Company’s requested rate increase and found justification that the Company’s rates should be decreased; and WHEREAS, ACSC and the Company have engaged in settlement discussions but will be unable according to Company representations to reach settlement in sufficient time for cities to act before June 11, 2012; and WHEREAS, failure by ACSC members to take action before June 11, 2012 would allow the Company the right to impose its full request on residents of said ACSC members; and WHEREAS, the ACSC Settlement Committee recommends denial of the Company’s proposed rate increase in order to continue settlement discussions pending the Company’s appeal of cities’ denials to the Railroad Commission of Texas; and WHEREAS, the GURA § 103.022 provides that costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: 1. That the rates proposed by Atmos Mid-Tex to be recovered through its gas rates charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. 2. That the Company shall continue to charge its existing rates to customers within the City and that said existing rates are reasonable. 3. That the City’s reasonable rate case expenses shall be reimbursed by the Company. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Page 95 of 145 2070343.1 3 5. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of David Park, Vice President Rates & Regulatory Affairs, at Atmos Energy Corporation, Mid-Tex Division, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767- 1725. PASSED AND APPROVED this __________ day of ___________________, 2012. _________________________________ Mayor ATTEST: __________________________________ City Secretary APPROVED AS TO FORM: ___________________________________ City Attorney Page 96 of 145 2557/17/2056489 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawfirm.com Mr. Gay’s Direct Line: (512) 322-5875 Email: ggay@lglawfirm.com M E M O R A N D U M TO: Atmos Cities Steering Committee Members FROM: Geoffrey M. Gay Georgia Crump Eileen McPhee DATE: April 30, 2012 RE: Denial Resolution For Atmos Mid-Tex’s Requested Rate Increase Background on Atmos Mid-Tex Rate Case On January 31, 2012, Atmos Energy Corporation, Mid-Tex Division (“Atmos Mid-Tex” or “Company”) filed with Atmos Cities Steering Committee (“ACSC”) city members that exercise original jurisdiction a request for a rate increase in excess of $49 million. ACSC members passed resolutions suspending the effective date of the proposed increase to allow ACSC attorneys and consultants to study the request. A summary of the consultants’ findings is attached as Exhibit A. The ACSC Settlement Committee has met with Company officials to negotiate a settlement. While ACSC has given the Company a settlement offer, Atmos Mid-Tex does not want to provide a written offer before the expiration of city jurisdiction on June 11, 2012. Timing of City Action ACSC members with original jurisdiction suspended the proposed effective date of March 6, 2012, extending city jurisdiction until June 4, 2012. On April 25, 2012, the Company extended its effective date by a week, which similarly extended the June 4, 2012 deadline to June 11, 2012. It does not appear that settlement could be achieved within a time frame that would allow the City to take action prior to June 11, 2012. Thus, ACSC members are encouraged to pass a denial resolution. Atmos Mid-Tex has promised to support the action which does not preclude a subsequent settlement. If settlement is achieved, ACSC will return to member cities with a request for approval of the settlement. Page 97 of 145 April 30, 2012 Page 2 2056489.1 Recommendation and Explanation of Denial Resolution The ACSC Settlement Committee recommends the ACSC cities pass resolutions denying Atmos Mid-Tex’s proposed rate increase. The denial resolution will prevent the Company’s proposed rate increase from automatically taking effect on June 11, 2012, and allow more time to engage in settlement discussions. Atmos will appeal your denial to the Railroad Commission which will trigger a 185-day time frame for action by the Commission. Settlement will hopefully occur before a hearing takes place. Please contact Geoffrey Gay if you have any questions or concerns. Page 98 of 145 2056490.1 MODEL STAFF REPORT SUPPORTING RESOLUTION DENYING ATMOS MID-TEX’S PROPOSED RATE INCREASE The City, along with over 150 other cities served by Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC” or “Steering Committee”). On or about January 31, 2012, Atmos Mid-Tex filed with the City a Statement of Intent to increase rates within the City. Background In 2003, TXU Gas filed a statewide rate case which became known at the Railroad Commission of Texas (“RRC”) as Gas Utilities Docket (“GUD”) No. 9400. That same year the Texas Legislature passed legislation referred to as the Gas Reliability Infrastructure Program (“GRIP”) which authorized annual piecemeal rate reviews that Texas courts have concluded significantly restrict city jurisdiction, participation, and input. Shortly after GUD No. 9400 was decided in 2004, Atmos Energy purchased TXU Gas and created what is known as Atmos Energy Corp., Mid-Tex Division. The City is within the Atmos Mid-Tex Division. Atmos Mid-Tex filed four GRIP cases before filing a traditional rate case in September, 2007. As part of ACSC’s Settlement Agreement with Atmos of the 2007 rate case, ACSC and Atmos created a substitute process for annual piecemeal GRIP cases. That substitute process was called a Rate Review Mechanism (“RRM”) and was intended as an expedited but comprehensive rate review that included a number of fixed values and constraints. The RRM was intended as a three-year experiment. Last year, it was extended for a fourth year with some slight modifications to the original formulas. ACSC negotiated with Atmos in the final quarter of last year to further extend the RRM process, but no agreement was reached. Atmos has expressed a desire to reach a settlement of the January 31, 2012 filing that includes a revised RRM process. Discussion and Purpose Atmos Mid-Tex filed a Statement of Intent on January 31, 2012, seeking to increase system-wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94%. However, the Company is requesting an increase of 13.6%, excluding gas costs, for its residential customers. Additionally, the application would change the way that rates are collected, by increasing the residential fixed-monthly (or customer) charge from $7.50 to $18.00 and decreasing the consumption charge from $0.25 per 100 cubic feet (“ccf”) to $0.07 per ccf. ACSC engaged attorneys and consultants to review Atmos Mid-Tex’s proposed rate increase. Additionally, the ACSC cities passed suspension resolutions earlier this year, extending the effective date of Atmos Mid-Tex’s proposed rate increase to June 4, 2012, in order to permit the cities time to review Atmos Mid-Tex’s Statement of Intent. During their review, ACSC’s consultants found justification that Mid-Tex’s rates should be decreased. On April 25, 2012, the Company extended the effective date of its proposed rate change, which similarly extended cities’ jurisdictional deadline to June 11, 2012. Page 99 of 145 2056490.1 ACSC and the Company have engaged in some settlement discussions but have not yet reached agreement. ACSC is hoping to achieve settlement with the Company in order to perpetuate the RRM process. The ACSC Settlement Committee therefore recommends denial of the Company’s proposed rate increase rather than a rate decrease to facilitate further settlement discussions. The resolution prevents the Company’s proposed rates from automatically going into effect on June 11. The Company has expressed a desire for settlement while an appeal from the cities’ denial of the rate increase is pending at the RRC. Should a settlement be reached, the City may be required to pass an ordinance setting new rates pursuant to the settlement. The purpose of the resolution is to deny Atmos Mid-Tex’s proposed rate increase pending further settlement discussions and to prevent Atmos’ proposed rate increase from automatically taking effect on June 11, 2012. Explanation of “Be It Resolved Paragraphs” Section 1. The paragraph denies the Company’s proposed rate increase. Section 2. This provision provides that the Company shall continue to charge its existing rates to its customers within the City. Section 3. By law, the Company must reimburse the cities for their reasonable rate case expenses. Legal counsel and consultants approved by ACSC will present their invoices to the City of Arlington which will then seek reimbursement from Atmos Mid-Tex. The City will not incur liability for payment of rate case expenses by adopting a denial resolution. Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public and that the consideration of the resolution was properly noticed. Section 5. This section provides that both Atmos Mid-Tex’s designated representative and counsel for ACSC will be notified of the City’s action by sending a copy of the approved and signed resolution to certain designated individuals. Recommendation The City Staff recommends adoption of the resolution denying Atmos Mid-Tex’s proposed rate increase. Page 100 of 145 2070345.1 Exhibit A ACSC Consultants’ Recommended Adjustments to Atmos Mid-Tex’s 2012 Statement of Intent to Increase Rates1 Following a review of the Company’s 2012 Statement of Intent, ACSC consultants found justification for an approximately $77 million decrease to the Company’s requested revenue, resulting in a $23 million decrease to the current rates charged by Atmos Mid-Tex. ACSC consultants’ recommendation for a rate decrease is based upon the following major components:2 • Lowering the Company’s return on equity from 10.9% to 9.5%, resulting in a revenue requirement decrease of over $30 million • Removing the Company’s improper post-test year adjustment to add plant from January to March 2012, resulting in a revenue requirement decrease of approximately $5 million • Removing the Company’s proposal for an energy efficiency plan to be funded only by ratepayers, resulting in a revenue requirement decrease of over $1 million • Various adjustments to accumulated deferred income tax, resulting in a revenue requirement decrease of approximately $10 million • Recognizing new depreciation rates as filed by the Company (without adjustment by ACSC consultants), resulting in a revenue requirement decrease of approximately $15 million • Various adjustments to the Company’s requested level of operating and maintenance (O&M) expense, resulting in a revenue requirement decrease of over $8 million • Reducing rate base to account for ratepayer supplied funds relating to other post- employment benefits (FASB 106), resulting in a revenue requirement decrease of over $8 million • Cap residential customer charge at $9.00, instead of Atmos’ requested $18.00. 1 All figures are adjustments resulting in a revenue requirement impact to Atmos’ filed case system-wide. Factoring out Dallas, the ACSC cities would see slight decreases in the numbers listed above. 2 Please note that the adjustments listed are on a stand-alone basis, and may have a different impact when combined with the other adjustments. Page 101 of 145 AGENDAMEMO (5/15/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks SUBJECT:CONSIDERANDACT:onanordinanceabandoningasanitarysewereasementanda streetlighteasementtoSouthernMethodistUniversity BACKGROUND: Severalyeatsago,whentheCityabandonedtheDublinandPotomacstreetrights-ofwaytoSMU,an easementwasretainedfortheanexistingcitysanitarysewermain.Morerecently,thedevelopment oftheGeorgeW.BushPresidentialCenterandSMU'sResidentialCommonsprojectshaverequired therelocationofthatsanitarysewer(atSMU'sexpense).Tothatend,SMUrequeststhattheCity abandontheprioreasement,andtheywillprovideaneasementinthenewlocation. WhileresearchingeasementrecordsontheirParkCitiesPlazaproperty,SMUstaffdiscoveredan easementgrantedtotheCityin1952forplacementofstreetlightsintheshoppingcenterparkinglot. SMUrequeststhattheCityabandonthateasement. TheCityattorneydevelopedtherequisiteabandonmentordinanceandeasementdedicationdeedfor Councilconsideration. RECOMMENDATION: StaffrecommendsCityCouncilapprovaloftheordinanceabandoningthesanitarysewerandstreet lighteasementstoSMU. ATTACHMENTS: ABANDMTORD EXHIBITA1 EXHIBITA2 EXHIBITB EXHIBITC Page 102 of 145 55364 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK TEXAS, ABANDONING A 20’ SANITARY SEWER EASEMENT AND AN EASEMENT FOR PARKING AND STREET LIGHTING, AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBITS “A” AND “B”, TO THE ABUTTING OWNER, SOUTHERN METHODIST UNIVERSITY, IN EXCHANGE FOR DEDICATION OF A NEW SANITARY SEWER EASEMENT, AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBIT “C”; AND PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY IN EXCHANGE FOR A DEDICATION DEED FROM SOUTHERN METHODIST UNIVERSITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas, has determined that a certain sanitary sewer easement and an easement for parking and street lighting, as described and depicted in the Exhibits, are not needed or necessary for public purposes by the City and should be abandoned to the abutting owner in exchange for dedication of a new sanitary sewer easement as described and depicted in the Exhibits; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City of University Park hereby abandons and quitclaims in favor of the abutting owner, Southern Methodist University, a sanitary sewer easement more particularly described and depicted in Exhibit “A” attached hereto and made a part hereof for all purposes, the same as if fully copied herein, in the City of University Park, Dallas County, Texas. SECTION 2. That the City of University Park hereby abandons and quitclaims in favor of the abutting owner, Southern Methodist University, a parking and street lighting easement more particularly described and depicted in Exhibit “B” attached hereto and made a part hereof for all purposes, the same as if fully copied herein, in the City of University Park, Dallas County, Texas. SECTION 3. In consideration for the abandonment of these real property interests, the abutting owner, Southern Methodist University, will convey by dedication deed to the City of University Park a new sanitary sewer easement, more particularly described and depicted in Exhibit “C” attached hereto and made a part of hereof for all purposes, the same as if fully copied herein, in the City of University Park, Dallas County, Texas. Page 103 of 145 55364 SECTION 4. That the City of University Park does not abandon any other interest other than described in Exhibits “A” and “B”, but does hereby abandon all of its right, title, or interest in the described real property interests, together with any and all improvements thereon. SECTION 5. That the City Secretary is directed to prepare a certified copy of this ordinance and furnish the same to the abutting owner for recording upon receipt of the executed dedication deed dedicating the sanitary sewer easement described in Exhibit “C”. The recording of a certified copy of this abandonment ordinance in the Real Property Records of Dallas County, Texas, shall serve as a quitclaim deed of the City of University Park of all such right, title or interest of the City of University Park in and to the easements described in Exhibits “A” and “B”. SECTION 6. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the ________ day of _______________ 2012. APPROVED: ________________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: _________________________ ________________________________________ CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY (RLD/5-9-12/55364) Page 104 of 145 55364 EXHIBIT “A” ABANDONMENT OF 20’ SANITARY SEWER EASEMENT PART OF LOT 1A, BLOCK 1, EAST UNIVERSITY PLACE PART OF DUBLIN STREET ABANDONMENT JOEL SYKES SURVEY, ABSTRACT NO. 1338 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS 25,513X SHEET 1 OF 3 Being a 9,741 square foot tract of land situated in the Joel Sykes Survey, Abstract No. 1338, City of University Park, Dallas County, Texas and being a part of Lot 1A, Block 1, East University Place, an addition to the City of University Park as recorded in Document Number 201000265756, Deed Records, Dallas County, Texas and being part of Dublin Street abandoned by City of University Park Ordinance No. 10/28, recorded in Document Number 201000259276, Deed Records, Dallas County, Texas and being more particularly described as follows: COMMENCING at a point for corner in the west line of said Lot 1A, said point being the northeast corner of said Dublin Street abandonment and being South 00° 36' 21" East 739.00 feet from the northwest corner of said Lot 1A; THENCE South 89° 23’ 39” West along the north line of said Dublin Street abandonment a distance of 3.00 feet to a chiseled “X” in concrete set for corner, said “X” being the POINT OF BEGINNING; THENCE South 00° 36’ 21” East departing the north line of said Dublin Street abandonment, 3.00 feet west of and parallel to the west line of said Lot 1A, a distance of 184.83 feet to a MAG nail set for corner; THENCE North 89° 23’ 39” East a distance of 249.93 feet to a chiseled “X” in concrete set for corner; THENCE South 03° 17’ 40” West a distance of 36.76 feet to a chiseled “X” in concrete set for corner in the west line of said US Highway No. 75; THENCE South 33° 51’ 42” West along the west line of said US Highway No. 75 a distance of 24.24 feet to a chiseled “X” in concrete set for corner; THENCE South 33° 48’ 59” West continuing along the west line of said US Highway No. 75 a distance of 15.11 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG INC" set for corner; THENCE North 03° 17’ 40” East departing the west line of said US Highway No. 75 a distance of 49.24 feet to a chiseled “X” in concrete set for corner; THENCE South 89° 23’ 39” West a distance of 248.52 feet to a MAG nail set for corner; THENCE North 00° 36’ 21” West a distance of 204.83 feet to a chiseled “X” in concrete set for corner in the north line of said Dublin Street abandonment; Page 105 of 145 55364 ABANDONMENT 20’ SANITARY SEWER EASEMENT PART OF LOT 1A, BLOCK 1, EAST UNIVERSITY PLACE PART OF DUBLIN STREET ABANDONMENT JOEL SYKES SURVEY, ABSTRACT NO. 1338 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS 25,513X SHEET 2 OF 3 THENCE North 89° 23’ 39” East along the north line of said Dublin Street abandonment a distance of 20.00 feet to the POINT OF BEGINNING and containing 9,741 square feet or 0.2236 acres, more or less. BASIS OF BEARINGS: THE WEST LINE OF DUBLIN STREET AS SHOWN ON PLAT OF LOT 1R, BLOCK 4; LOT 1R, BLOCK 6 & LOT 1R, BLOCK 8, RESUBDIVISION OF PART OF EAST UNIVERSITY PLACE AS RECORDED IN VOLUME 2000060, PAGE 04718, D.R.D.C.T. (S 00°36'21" E). CONTROLLING MONUMENTS: 60D NAIL FOUND AT THE INTERSECTION OF THE EAST LINE OF AIRLINE ROAD AND THE SOUTH LINE OF BINKLEY AVENUE AND A 1/2" IRON ROD FOUND AT THE INTERSECTION OF THE EAST LINE OF AIRLINE ROAD AND THE NORTH LINE OF MOCKINGBIRD LANE. Page 106 of 145 55364 Page 107 of 145 55364 EXHIBIT “B” Page 108 of 145 55364 Page 109 of 145 55364 EXHIBIT “C” Page 110 of 145 55364 20’ SANITARY SEWER EASEMENT PART OF LOT 1A, BLOCK 1, EAST UNIVERSITY PLACE PART OF DUBLIN STREET ABANDONMENT JOEL SYKES SURVEY, ABSTRACT NO. 1338 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS 25,561X SHEET 2 OF 3 THENCE North 17° 27’ 52” West, departing the northwesterly line of said U.S. Highway No. 75, a distance of 112.88 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner; THENCE North 56° 13’ 22” West a distance of 225.67 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner in the southeast line of said Airline Road and being in a non-tangent curve to the left: THENCE along the southeast line of said Airline Road and said non-tangent curve to the left whose chord bears North 15° 21’ 07” East a distance of 77.82 feet, having a radius of 255.00 feet, a central angle of 17° 33’ 15” and an arc length of 78.13 feet to the POINT OF BEGINNING, containing 7,171 square feet or 0.1646 acres, more or less. BASIS OF BEARINGS: THE EAST LINE OF DUBLIN STREET AS SHOWN ON PLAT OF LOT 1A, BLOCK 1, EAST UNIVERSITY PLACE AS RECORDED IN DOC# 201000265756, OFFICIAL PUBLILC RECORDS, DALLAS COUNTY, TEXAS. Page 111 of 145 55364 Page 112 of 145 20’ SANITARY SEWER EASEMENT PART OF LOT 1A, BLOCK 1, EAST UNIVERSITY PLACE PART OF DUBLIN STREET ABANDONMENT JOEL SYKES SURVEY, ABSTRACT NO. 1338 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS 25,561X SHEET 1 OF 3 Being a 7,171 square foot tract of land situated in the Joel Sykes Survey, Abstract No. 1338, City of University Park, Dallas County, Texas and being a part of Lot 1A, Block 1, East University Place, an addition to the City of University Park according to the plat recorded in Document Number 201000265756, Official Public Records, Dallas County, Texas and being part of Dublin Street abandoned by City of University Park Ordinance No. 11/07 and being a part of Dublin Street abandoned by City of University Park as recorded in Document Number 201000259276, Official Public Records, Dallas County, Texas and being more particularly described as follows: COMMENCING at a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner in the east line of said Dublin Street (50’ right-of-way), said point being the northwest corner of said Lot 1A; THENCE South 00° 36’ 21” East along the east line of said Dublin Street a distance of 689.61 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner at the beginning of a tangent curve to the right; THENCE along the southeast line of Airline Road (50’ right-of-way) dedicated by the plat of Lot 1A, Block 4, East University Place, an addition to the City of University Park according to the plat recorded in Document Number 201100156570, Official Public Records, Dallas County, Texas and said tangent curve to the right whose chord bears South 02° 59’ 05” West a distance of 31.94 feet, having a radius of 255.00 feet, a central angle of 07° 10’ 51” and an arc length of 31.96 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner at the POINT OF BEGINNING; THENCE South 00° 36’ 21” East, departing the southeast line of said Airline Road and said tangent curve to the right, a distance of 65.23 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner; THENCE South 56° 13’ 22” East a distance of 220.46 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner: THENCE South 17° 27’ 52” East a distance of 103.88 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner in the northwesterly line of U.S. Highway No. 75 (variable width right-of-way); THENCE South 33° 48’ 59” West along the northwesterly line of said U.S. Highway No. 75 a distance of 25.63 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner; Page 113 of 145 20’ SANITARY SEWER EASEMENT PART OF LOT 1A, BLOCK 1, EAST UNIVERSITY PLACE PART OF DUBLIN STREET ABANDONMENT JOEL SYKES SURVEY, ABSTRACT NO. 1338 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS 25,561X SHEET 2 OF 3 THENCE North 17° 27’ 52” West, departing the northwesterly line of said U.S. Highway No. 75, a distance of 112.88 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner; THENCE North 56° 13’ 22” West a distance of 225.67 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner in the southeast line of said Airline Road and being in a non-tangent curve to the left: THENCE along the southeast line of said Airline Road and said non-tangent curve to the left whose chord bears North 15° 21’ 07” East a distance of 77.82 feet, having a radius of 255.00 feet, a central angle of 17° 33’ 15” and an arc length of 78.13 feet to the POINT OF BEGINNING, containing 7,171 square feet or 0.1646 acres, more or less. BASIS OF BEARINGS: THE EAST LINE OF DUBLILN STREET AS SHOWN ON PLAT OF LOT 1A, BLOCK 1, EAST UNIVERSITY PLACE AS RECORDED IN DOC# 201000265756, OFFICIAL PUBLILC RECORDS, DALLAS COUNTY, TEXAS. Page 114 of 145 Page 115 of 145 ABANDONMENT 20’ SANITARY SEWER EASEMENT PART OF LOT 1A, BLOCK 1, EAST UNIVERSITY PLACE PART OF DUBLIN STREET ABANDONMENT JOEL SYKES SURVEY, ABSTRACT NO. 1338 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS 25,513X SHEET 1 OF 3 Being a 9,741 square foot tract of land situated in the Joel Sykes Survey, Abstract No. 1338, City of University Park, Dallas County, Texas and being a part of Lot 1A, Block 1, East University Place, an addition to the City of University Park as recorded in Document Number 201000265756, Deed Records, Dallas County, Texas and being part of Dublin Street abandoned by City of University Park Ordinance No. 10/28, recorded in Document Number 201000259276, Deed Records, Dallas County, Texas and being more particularly described as follows: COMMENCING at a point for corner in the west line of said Lot 1A, said point being the northeast corner of said Dublin Street abandonment and being South 00° 36' 21" East 739.00 feet from the northwest corner of said Lot 1A; THENCE South 89° 23’ 39” West along the north line of said Dublin Street abandonment a distance of 3.00 feet to a chiseled “X” in concrete set for corner, said “X” being the POINT OF BEGINNING; THENCE South 00° 36’ 21” East departing the north line of said Dublin Street abandonment, 3.00 feet west of and parallel to the west line of said Lot 1A, a distance of 184.83 feet to a MAG nail set for corner; THENCE North 89° 23’ 39” East a distance of 249.93 feet to a chiseled “X” in concrete set for corner; THENCE South 03° 17’ 40” West a distance of 36.76 feet to a chiseled “X” in concrete set for corner in the west line of said US Highway No. 75; THENCE South 33° 51’ 42” West along the west line of said US Highway No. 75 a distance of 24.24 feet to a chiseled “X” in concrete set for corner; THENCE South 33° 48’ 59” West continuing along the west line of said US Highway No. 75 a distance of 15.11 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG INC" set for corner; THENCE North 03° 17’ 40” East departing the west line of said US Highway No. 75 a distance of 49.24 feet to a chiseled “X” in concrete set for corner; THENCE South 89° 23’ 39” West a distance of 248.52 feet to a MAG nail set for corner; THENCE North 00° 36’ 21” West a distance of 204.83 feet to a chiseled “X” in concrete set for corner in the north line of said Dublin Street abandonment; Page 116 of 145 ABANDONMENT 20’ SANITARY SEWER EASEMENT PART OF LOT 1A, BLOCK 1, EAST UNIVERSITY PLACE PART OF DUBLIN STREET ABANDONMENT JOEL SYKES SURVEY, ABSTRACT NO. 1338 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS 25,513X SHEET 2 OF 3 THENCE North 89° 23’ 39” East along the north line of said Dublin Street abandonment a distance of 20.00 feet to the POINT OF BEGINNING and containing 9,741 square feet or 0.2236 acres, more or less. BASIS OF BEARINGS:THE WEST LINE OF DUBLIN STREET AS SHOWN ON PLAT OF LOT 1R, BLOCK 4; LOT 1R, BLOCK 6 & LOT 1R, BLOCK 8, RESUBDIVISION OF PART OF EAST UNIVERSITY PLACE AS RECORDED IN VOLUME 2000060, PAGE 04718, D.R.D.C.T. (S 00°36'21" E). CONTROLLING MONUMENTS: 60D NAIL FOUND AT THE INTERSECTION OF THE EAST LINE OF AIRLINE ROAD AND THE SOUTH LINE OF BINKLEY AVENUE AND A 1/2" IRON ROD FOUND AT THE INTERSECTION OF THE EAST LINE OF AIRLINE ROAD AND THE NORTH LINE OF MOCKINGBIRD LANE. Page 117 of 145 Page 118 of 145 Page 119 of 145 Page 120 of 145 55376 SANITARY SEWER EASEMENT DEDICATION DEED STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF DALLAS § That Southern Methodist University, as Grantor, for and in consideration and exchange for the abandonment of a sanitary sewer easement and a parking/street lighting easement to Grantor by Grantee and other good and valuable consideration given by the City of University Park, Texas, as Grantee, the receipt and sufficiency of which is hereby acknowledged, has granted, dedicated and conveyed, and by these presents does grant, dedicate and convey unto the said City of University Park, Texas, a sanitary sewer easement for public utility purposes, including the right of ingress, egress, and regress therein, and easements to construct, maintain, and repair said sanitary sewer line and any and all other appurtenances deemed necessary by said City into, over, under and through that certain tract of land described and depicted in Exhibit “A” attached hereto and made part hereof for all purposes, the same as if fully copied herein. To have and to hold the above described sanitary sewer easement in and to said premises with the right of ingress, egress, and regress therein, together with all and singular the usual rights thereto in anywise belonging, unto the said City of University Park, Texas, its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said City of University Park, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under it but not otherwise. In witness whereof, I have hereunto subscribed my name this _______ day of _______________________2012. SOUTHERN METHODIST UNIVERSITY By: Name: Dr. R. Gerald Turner Title: President Page 121 of 145 55376 GRANTOR’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2012, by Dr. R. Gerald Turner, President of Southern Methodist University a Texas non-profit corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: Grantee’s Address: City of University Park Attn: Bob Livingston City Manager 3800 University Blvd. University Park, Texas 75205 Page 122 of 145 55376 EXHIBIT “A” 20’ SANITARY SEWER EASEMENT PART OF LOT 1A, BLOCK 1, EAST UNIVERSITY PLACE PART OF DUBLIN STREET ABANDONMENT JOEL SYKES SURVEY, ABSTRACT NO. 1338 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS 25,561X SHEET 1 OF 3 Being a 7,171 square foot tract of land situated in the Joel Sykes Survey, Abstract No. 1338, City of University Park, Dallas County, Texas and being a part of Lot 1A, Block 1, East University Place, an addition to the City of University Park according to the plat recorded in Document Number 201000265756, Official Public Records, Dallas County, Texas and being part of Dublin Street abandoned by City of University Park Ordinance No. 11/07 and being a part of Dublin Street abandoned by City of University Park as recorded in Document Number 201000259276, Official Public Records, Dallas County, Texas and being more particularly described as follows: COMMENCING at a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner in the east line of said Dublin Street (50’ right-of-way), said point being the northwest corner of said Lot 1A; THENCE South 00° 36’ 21” East along the east line of said Dublin Street a distance of 689.61 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner at the beginning of a tangent curve to the right; THENCE along the southeast line of Airline Road (50’ right-of-way) dedicated by the plat of Lot 1A, Block 4, East University Place, an addition to the City of University Park according to the plat recorded in Document Number 201100156570, Official Public Records, Dallas County, Texas and said tangent curve to the right whose chord bears South 02° 59’ 05” West a distance of 31.94 feet, having a radius of 255.00 feet, a central angle of 07° 10’ 51” and an arc length of 31.96 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner at the POINT OF BEGINNING; THENCE South 00° 36’ 21” East, departing the southeast line of said Airline Road and said tangent curve to the right, a distance of 65.23 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner; THENCE South 56° 13’ 22” East a distance of 220.46 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner: THENCE South 17° 27’ 52” East a distance of 103.88 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner in the northwesterly line of U.S. Highway No. 75 (variable width right-of-way); THENCE South 33° 48’ 59” West along the northwesterly line of said U.S. Highway No. 75 a distance of 25.63 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner; 20’ SANITARY SEWER EASEMENT PART OF LOT 1A, BLOCK 1, EAST UNIVERSITY PLACE PART OF DUBLIN STREET ABANDONMENT JOEL SYKES SURVEY, ABSTRACT NO. 1338 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS 25,561X SHEET 2 OF 3 THENCE North 17° 27’ 52” West, departing the northwesterly line of said U.S. Highway No. 75, Page 123 of 145 55376 a distance of 112.88 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner; THENCE North 56° 13’ 22” West a distance of 225.67 feet to a 1/2” iron rod with yellow plastic cap stamped “RLG INC” set for corner in the southeast line of said Airline Road and being in a non-tangent curve to the left: THENCE along the southeast line of said Airline Road and said non-tangent curve to the left whose chord bears North 15° 21’ 07” East a distance of 77.82 feet, having a radius of 255.00 feet, a central angle of 17° 33’ 15” and an arc length of 78.13 feet to the POINT OF BEGINNING, containing 7,171 square feet or 0.1646 acres, more or less. BASIS OF BEARINGS: THE EAST LINE OF DUBLILN STREET AS SHOWN ON PLAT OF LOT 1A, BLOCK 1, EAST UNIVERSITY PLACE AS RECORDED IN DOC# 201000265756, OFFICIAL PUBLILC RECORDS, DALLAS COUNTY, TEXAS. Page 124 of 145 55376 Page 125 of 145 AGENDAMEMO (5/15/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks SUBJECT:CONSIDERANDACT:onanInterlocalAgreementwiththeTownofHighlandPark toconstructsharedwaterandsanitarysewerfacilities BACKGROUND: BothUniversityParkandHighlandParkhavewaterandsanitarysewermainsintheSanCarlos- Potomacalley,westfromPrestonRoadtothe4300block.Thoseutilitiesareindisrepair,and, becauseoflimitedspace,replacementofasinglewatermainandasinglesanitarysewermainisthe onlyoption.ThealleyisinthecorporatelimitsoftheTown. Plansandspecificationsfortheproposedreconstructionarenearlycomplete.Priortosolicitationof bids,however,CityandTownstaffdevelopedtheattachedInterlocalAgreement(ILA)thatdetails responsibilitiesfortheconstructionandoperationofthesharedwaterandsanitarysewermains. ThesharedalleyispartofalargerprojectthatwillreplaceUniversityParkutilitiesandpavinginthe followinglocations: *StAndrews,westfromNormandytothewestsideofPrestonRoad(atwhichpointitwillconnect tothe"shared"project; *SanCarlos-Potomacalley,westalongthe4300block(fromthewestendofthe"shared"project) toArmstrong; *Armstrong,southfromtheSanCarlos-PotomacalleytothePotomac-MockingbirdParkwayalley; *Potomac-MockingbirdParkway,eastfromArmstrongtotheCitylimits(westendofthe4200 block); UponapprovaloftheILAbybothCouncils,staffwillsolicitbidsforconstructionoftheproject. FundsareidentifiedintheCapitalProjectsFund. RECOMMENDATION: StaffrecommendsCityCouncilapprovaloftheILAwithHighlandPark. ATTACHMENTS: UP-HPILA5.10.12 ExhibitASanCarlos PROJECT47030SITEMAP Page 126 of 145 1 INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT (“Agreement”) is made and entered into on this ________ day of ______________2012, by and between the CITY OF UNIVERSITY PARK (hereinafter referred to as “CITY”), acting by and through its City Council and City Manager, or their designee, and the TOWN OF HIGHLAND PARK (hereinafter referred to as “TOWN”), acting by and through its Town Council and Town Administrator, or their designee. WITNESSETH: WHEREAS, the Texas Legislature has authorized the use of interlocal cooperative agreements between and among governmental entities; and WHEREAS, this Interlocal Agreement is made under the authority granted by and pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, and as otherwise provided herein, relative to the joint construction and operation by the CITY and the TOWN of certain water and sewer facilities; WHEREAS, the CITY and the TOWN each desires from time to time when appropriate to use the public facilities of the other in order to provide needed services to the citizens of the CITY and the TOWN; and WHEREAS, the joint use of such facilities requires an interlocal agreement between the CITY and the TOWN; NOW, THEREFORE, For and in consideration of the premises and in compliance with and pursuant to the provisions, terms, and conditions of applicable law, the CITY and the TOWN (individually, the “Party” and collectively, the “Parties”) do hereby contract and agree with each other as hereinafter set forth below, to wit: 1. The CITY and the TOWN agree that the CITY may construct, reconstruct, and maintain specific and certain water mains, sanitary sewer mains, and pavement in the TOWN’s public right-of-way located within the corporate limits of the TOWN, and in the entire alley Page 127 of 145 2 between the 4100 block of San Carlos Ave. and the 4200 block of Potomac Ave., beginning from Preston Road, continuing west through Douglas Ave. and terminating at the boundary between the Town of Highland Park town limit and the City of University Park city limit, as provided herein. Said water mains, sanitary sewer mains and pavement shall hereinafter collectively be referred to as the “Improvements,” and they are so identified and depicted on EXHIBIT A, which is attached hereto and incorporated herein for all purposes. 2. The CITY will contract with a qualified engineering firm for the design of the Improvements (the “Design Work”). The CITY is responsible for and shall pay said firm all amounts owing under the CITY’s contract with said firm for the Design Work. Upon the TOWN’s approval of the Design Work, the TOWN shall reimburse the CITY for the approved Design Work in an amount not to exceed $35,600. 3. The CITY shall be responsible for: a. management of all construction and/or reconstruction of the Improvements and inspection services associated with same; b. One-half (50%) of the costs associated with and/or incurred for the construction and/or reconstruction of the Improvements (the “Project”). To that end, upon the CITY’s receipt of the bid(s) associated with and/or incurred for the Project, the CITY agrees to review said bid(s) with the TOWN prior to the CITY accepting and/or awarding any of said bid(s). Within sixty (60) days of the TOWN’s review of said bid(s), the TOWN shall advise the CITY in writing the exact amount and/or percentage of said bid(s) the TOWN agrees to reimburse the CITY (hereinafter, the “TOWN’s Share”). Nothing herein shall in any way limit the CITY’s right to reject any and all bid(s). 4. The TOWN shall be responsible for: a. payment to the CITY of the TOWN’s Share, as provided in 3.b. above. b. Upon approval of the TOWN’s Share, TOWN will place such share in an Page 128 of 145 3 escrow account or otherwise encumber the funds to ensure that CITY will have sufficient funding available from current revenue for the timely payment of the Project costs. c. inspection of the construction and installation work of the Project. 5. The CITY agrees that in its contract for the Project, should it in fact award one, the awarded contractor(s) shall furnish, at a minimum, a one-year maintenance bond both to the CITY and the TOWN, and in an amount equal to 100% of the amount of the contract for the Project. The CITY shall be responsible for final acceptance of construction and installation of the Project. 6. After completion of the Project, the CITY and the TOWN will respectively read, and bill utility customers, the water meters in the alley for residential consumption. The Finance Department of each Party will exchange information annually on the volume of water sold to its residents on the two shared lines. To ensure that each Party pays the correct amount for the water it sells, the Finance Departments will determine a “true-up” amount to compensate the appropriate party. 7. After completion of the Project, the CITY shall be responsible for the maintenance of that shared sanitary sewer main that comprises the Improvements, and which is so identified and depicted in EXHIBIT A (the “Shared Sanitary Sewer Main”). The CITY shall also be responsible for the installation of all new sanitary sewer service connections to the Shared Sanitary Sewer Main. 8. After completion of the Project, the CITY shall be responsible for the operation and maintenance of that portion of the shared water main that comprises the Improvements and which connects to the CITY’s water distribution system (hereinafter, the “UP Water Line”), and as so identified and depicted in EXHIBIT A. 9. After completion of the Project, the TOWN shall be responsible for the operation and maintenance of that portion of the shared water main that comprises the Improvements and Page 129 of 145 4 which connects to the TOWN’s water distribution system (hereinafter, the “HP Water Line”), and as so identified and depicted in EXHIBIT A. 10. Other than for emergency work, the CITY will provide reasonable notice to the TOWN of the CITY’s proposed maintenance work and/or services to the UP Water Line and/or the Shared Sanitary Sewer Main prior to commencing work. 11. The CITY and the TOWN each represent and warrant that this Agreement is to provide governmental services that each Party hereto is authorized to perform individually. The CITY and the TOWN also represent and warrant that one will not charge and/or assess the other for the other’s use and enjoyment of the Improvements. 12. This Agreement shall be in full force and effect from the date first written above and shall thereafter on such anniversary date be automatically renewed from year to year, unless terminated by either Party by notice in writing not less than six months prior to the next succeeding anniversary date of this Agreement. 13. This Agreement has been approved by the City Council of the CITY and the City’s Mayor has been authorized to execute the same on behalf of the CITY. This Agreement has been approved by the Town Council of the TOWN and the Town’s Mayor has been authorized to execute it on behalf of the TOWN. This Agreement will not be binding on the Parties until signed by both. 14. Nothing in this Agreement shall be construed to affect, alter, or modify the sovereign immunity of either Party under the Texas Civil Practice and Remedies Code §§101.001 et seq, or other law. Notwithstanding the above, it is expressly understood and agreed that this Agreement is binding and enforceable against the Parties. 15. Any third party contract(s) made and entered into by either Party to carry out any term, provision, or obligation set forth in and/or related to this Agreement shall include the requirement that the third party contractor(s) provide adequate insurance protecting both Parties as an additional insured. Any such contract shall also provide in bold and conspicuous language Page 130 of 145 5 that the third party contractor(s) agrees to indemnify, hold harmless and defend both Parties against any and all claims for damages of any nature arising out of the performance of such third party contract(s) and including the conduct of either Party. 16. It is expressly understood and agreed that in the execution of this Agreement, neither the CITY nor the TOWN waives, nor shall be deemed to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 17. The CITY and the TOWN shall each provide public liability insurance or be self- insured as permitted by law for use and enjoyment of the Improvements. Such policies shall be in the amount of the maximum liability to which each is subject under the Texas Tort Claims Act or other applicable law. Notwithstanding this or any other provision of this Agreement, no rights are created hereby in any third party. 18. The Parties agree that this Agreement is in addition to other Interlocal Agreements between the Parties hereto. Any prior written or oral agreement relative to and/or corresponding to this Agreement is superseded by this Agreement and shall be of no further force or effect. 19. This Agreement may not be terminated without at least six months’ prior written notice from the terminating Party to the other Party hereto. This Agreement may not be amended or altered in any manner except by a written instrument stating such amendment or alteration, authorized and executed by the Parties in the manner provided by law. 20. In case any one or more of the provisions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions hereof and this Agreement shall be construed as if such provision had never been contained herein. Executed in duplicate originals by the Parties hereto acting by and through the duly authorized agent of each and attested by the secretary of each, the execution of such Agreement Page 131 of 145 6 having been duly authorized by the respective governing body of each Party hereto, to become effective on the date of signature of the latter of the representatives of the Parties to execute the same. TOWN OF HIGHLAND PARK ATTEST: BY: ________________________________ William H. Seay, Jr., Mayor ________________________ Gayle Kirby, Town Secretary Date: ________________________ APPROVED AS TO FORM: _________________________ Albert D. Hammack, Town Attorney Date: ________________________ CITY OF UNIVERSITY PARK ATTEST: _________________________ BY: ______________________________ Elizabeth Spector, City Secretary W. Richard Davis, Mayor Date: ________________________ APPROVED AS TO FORM: _________________________ Robert L Dillard III, City Attorney Date: ________________________ Page 132 of 145 Page 133 of 145 MILE-PER-YEAR UTILITY REPLACEMENT Project No 47030 Page 134 of 145 AGENDAMEMO (5/15/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:LizSpector,CitySecretary SUBJECT:CONSIDERANDACT:onminutesoftheMay1,2012CityCouncilMeeting BACKGROUND: MinutesoftheMay1,2012CityCouncilMeetingareincludedfortheCouncil'sreview. ATTACHMENTS: 5.01.2012CCMtgMin Page 135 of 145 0,187(6 $*(1'$ &,7<&281&,/0((7,1* &,7<2)81,9(56,7<3$5.7(;$6 &281&,/&+$0%(5±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¶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¶V\DUGZDVWHDQGEUXVKWR0HVTXLWH¶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¶V 5HVROXWLRQDGRSWLQJWKH)HH6FKHGXOH+HVDLGWKHDQQXDOILQDQFLDOLPSDFWRIWKHIHHLQFUHDVHVZDV PLQLPDODQGKHDQWLFLSDWHVWKH\ZLOOQRWLQFUHDVHUHYHQXHE\PRUHWKDQWRSHU \HDU   7KH5HJXODU&LW\&RXQFLO0HHWLQJZDVFDOOHGLQWRVHVVLRQDWSPLQWKH&RXQFLO&KDPEHUDW I.CALL TO ORDER Page 136 of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a) TO PROVIDE FOR DESIGNATION OF A RESIDENT-PARKING-ONLY ZONE ON THE NORTH SIDE OF THE 3600 BLOCK OF MC FARLIN BOULEVARD; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE AND FOR THE ERECTION OF SIGNS.  $,192&$7,21&RXQFLOPHPEHU7RPP\6WHZDUW %3/('*(2)$//(*,$1&(&RXQFLOPHPEHU7RPP\6WHZDUW &,1752'8&7,212)&281&,/0D\RU:5LFKDUG'DYLV ',1752'8&7,212)67$))'LUHFWRURI)LQDQFH$FWLQJ&LW\0DQDJHU.HQW$XVWLQ II.AWARDS AND RECOGNITION $5(&2*1,7,21RISURPRWLRQRI2IILFHU9LFWRU:LOOLDPVWR6HUJHDQW III.CONSENT AGENDA $&216,'(5$1'$&7RQDUHTXHVWE\)ULHQGVRIWKH/RVW%R\VWRFRQGXFWD.EHQHIL W UXQ %&216,'(5$1'$&7RQDQRUGLQDQFHDPHQGLQJWKH5HVLGHQWLDO3DUNLQJ'LVWULFWWR LQFOXGHWKHQRUWKVLGHRIWKHEORFNRI0F)DUOLQ%RXOHYDUG Page 137 of 145  :HOOV)DUJR,QVXUDQFH6HUYLFHVZLOOHYDOXDWHWKH&LW\ VQRQKHDOWKLQVXUDQFHFRYHUDJHVWR HQVXUHWKH&LW\ VFRYHUDJHVDUHDGHTXDWHDQGFRVWHIIHFWLYH7KHFRQWUDFWLVIRU   7KHLQWHUORFDODJUHHPHQWDOORZVWKH&LW\WRWUDQVIHU\DUGZDVWHDQGEUXVKWRWKH&LW\RI 0HVTXLWH¶VFRPSRVWLQJIDFLOLW\IRUWKUHH\HDUVDWSHUFXE LF\DUG   7KHFRQWUDFWZLWK& 3(QJLQHHULQJIRUZLOOSURYLGHW KH&LW\PLOHSHU\HDU LPSURYHPHQWVGHVLJQDQGVXUYH\LQJVHUYLFHVIRUVHYHUDOSODQQHGSURMHFWVLQ)<   &RXQFLOPHPEHU%HJHUWVDLGKHZLOOPRYHDSSURYDORIWKHFRQVHQWDJHQGDZLWKWKHXQGHUVWDQGLQJ WKDWJXLGDQFHLVQHHGHGEHIRUHDQ\IXWXUHIXQGUDLVLQJUXQVDUHKHOGLQWKH&LW\+H UHTXHVWHGWKH3XEOLF6DIHW\$GYLVRU\&RPPLWWHHUHYLHZWKHLVVXHDQGPDNHUHFRPPHQGDWLRQVWR WKH&RXQFLO  0D\RU'DYLVVWDWHGKHVKDUHV&RXQFLOPHPEHU%HJHUW¶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age 138 of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¶VDSSURYDO  &RXQFLOPHPEHU&ODUNPDGHDPRWLRQWRDSSURYHDUHVROXWLRQDPHQGLQJWKH0DVWHU)HH 6FKHGXOH0D\RU3UR7HP*UDEOHVHFRQGHGDQGWKHPRWLRQFDUULHGXQDQLPRXVO\  RESOLUTION NO. 12-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION 08-18, MASTER FEE RESOLUTION, NOW CODIFIED IN APPENDIX A OF THE CODE OF ORDINANCES BY AMENDING SUBSECTIONS A1.002 ET AL AND ADDING NEW SUBSECTIONS A2.016 ET AL; AND PROVIDING AN EFFECTIVE DATE.   7KHUHZHUHQRUHTXHVWVWRDGGUHVVWKH&RXQFLOIURPWKHIORRUDQG0D\RU'DYLVDGMRXUQHGWKH PHHWLQJ   &RQVLGHUHGDQGDSSURYHGWKLVWKGD\RI0D\  BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB :5LFKDUG'DYLV0D\RU $77(67  BBBBBBBBBBBBBBBBBBBBBBBBBBBB (OL]DEHWK6SHFWRU&LW\6HFUHWDU\  V.ITEMS FROM THE FLOOR Page 139 of 145 AGENDAMEMO (5/15/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:SteveMace,CommunityInformationOfficer SUBJECT:PRESENTATION:ofYouthAdvisoryCouncilReporton2011/2012Activities BACKGROUND: Comprisedof27UniversityParkresidentsingrades9through12,theCity’sYouthAdvisory Commissionhascompleteditsfourthyearofservicetothecommunity.AllYouthAdvisory Commissionmembersareselectedaftersubmittinganonlineapplicationandparticipatinginapanel interview.TheCommissionwascreatedbytheCityCouncilasanadvisorygrouponissuesdirectly relatedtoteenagers.YACalsohelpstheCitywithvariousspecialeventsandongoingcommunity outreachefforts. AmongtheCommission’sactivitiesfromMay2011toMay2012: HelpedtheCommunityDevelopmentDepartmentwithrefurbishingtheoutsideoftwohomes belongingtoelderlyresidents ProducedapublicserviceannouncementtogiveCommissionapplicantsandresidentsabetter understandingofYACdutiesandobjectives AssistedCitystaffatvariouscommunityeventsincluding:theannualFishingDerby,theJuly 4FunRun,HolidayTreeLightingceremoniesatElena’sChildren’sParkandatSniderPlaza andtheEggstravaganzainGoarPark Staffed2community-widedocumentshredding/e-wastedisposalevents InadditiontoassistingtheParkDepartmentwithongoingcommunityevents,membersofthe2012- 2013Commissionwill: ContinuetoparticipateinoutreacheffortsinvolvingtheCity’sSustainabilityProgram Continuetoparticipateinneighborhoodcleanupeffortsthatdirectlyassistelderlyresidents Participateinothertasksasidentifiedordirected Page 140 of 145 AGENDAMEMO (5/15/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks SUBJECT:CONSIDERANDACT:onbidsreceivedforreconstructionofcertainstreets BACKGROUND: ThecurrentCapitalImprovementsProgramprovidesfundingforthereconstructionofUniversity Blvd,westfromCleburnetoDublin,andBoedeker,northfromtheSMUBlvd-Dyeralleytothe LoversLane-Westminsteralley. Advertisementswereplacedinthe ParkCitiesPeople onApril5thandonApril12thforsolicitation ofcontractorsinterestedinsubmittingbidsforreconstructionofUniversityBlvdandBoedeker.Five bidswerereceivedonMay7th,withthelowestresponsive,responsiblebidderbeingAxis Contracting.Theirbidwas$1,578,941.95.AcopyofthebidtabulationisattachedforCouncil's review. EngineeringDivisionstaffreviewedtheAxisbiddocumentsandcheckedreferencesonmunicipal worksimilartotheCity'sproject. Thedayafterreceivingthebids,SMUinformedCitystaffconstructionofautilityprojecttheyhave beendevelopingalongAirline,northfromBinkleytotheMcFarlin-Fondrenalleyissettobegin Monday,May14.TheirworkwillcloseaccesstoAirlineuntilnextAprilandisamilestoneinthe criticalpathtotheiropeningoftheResidentialCommonsprojectfortheFallsemesterof2014.Staff hasconcernsregardingthenegativeimpacttotrafficifbothprojectsoccursimultaneously.Tothat end,wesuggesttheCouncilawardthecontracttoAxisContracting,butdelayissuanceoftheNotice toProceeduntilJanuaryof2013. TheCity'sreconstructionofUniversityandBoedekerhasbeendelayedforacoupleofyearstoallow theGWBPCanditsappurtenancestonearcompletion.Thathasallowedustocompleteallutility replace,however,temporarypavementrepairswillhavetobemaintaineduntilthestreet reconstructionbeginsnextyear. RECOMMENDATION: StaffrecommendsCityCouncilapprovalofthelowbidderandauthorizationfortheCityManagerto enterintoacontractintheamountof$1,578,941.95withAxisContractingforreconstructionofthe subjectstreetimprovements. FUNDINGSOURCE: FY2012CAPITALPROJECTSFUUND: Acct#44.44.4410 Project#49210.2300 Page 141 of 145 ATTACHMENTS: UNIVERSITY-BOEDECKERBIDS SITEMAP Page 142 of 145 Bid Tabulations 49210 with Quantities Opened 05 07 2012.xlsx Item Unit Total Unit Total Unit Total Unit Total Unit Total No.Quantity Unit Description Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount SYB ConstructionAxis Contracting REBCONCPS CivilJeske Construction No.Quantity Unit Description Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount P1 1 LS 42,000.00 $42,000.00 54,300.00 $54,300.00110,000.00$110,000.0020,000.00$20,000.00185,772.00$185,772.00 P1A 8 MONTH 5,000.00 $40,000.00 1,600.00 $12,800.00 2,000.00 $16,000.00 2,600.00 $20,800.00 3,500.00 $28,000.00 SECTION 1 - Boedeker Street Paving Mobilization Barricades, Message Signs, Signs, and Traffic P1A 8 MONTH 5,000.00 $40,000.00 1,600.00 $12,800.00 2,000.00 $16,000.00 2,600.00 $20,800.00 3,500.00 $28,000.00 P2 1 LS 39,700.00 $39,700.00 33,850.00 $33,850.00105,000.00$105,000.00110,000.00$110,000.0055,000.00 $55,000.00 P3 1002 LF 10.00 $10,020.00 3.00 $3,006.001.00 $1,002.004.00 $4,008.004.00 $4,008.00 P4 830 SY 8.00 $6,640.00 14.00 $11,620.00 10.00 $8,300.00 8.00 $6,640.00 7.00 $5,810.00 Prepare Right-of-Way Remove Existing 4"+/-Reinforced Concrete Barricades, Message Signs, Signs, and Traffic Handling Sawed Breakout line-Full Depth P4 830 SY 8.00 $6,640.00 14.00 $11,620.00 10.00 $8,300.00 8.00 $6,640.00 7.00 $5,810.00 P4A 4 EA 1,500.00 $6,000.00 400.00 $1,600.001,250.00 $5,000.00750.00 $3,000.00600.00 $2,400.00 P5625SY 8.00 $5,000.0010.00 $6,250.0010.00 $6,250.0010.00 $6,250.008.00 $5,000.00 Remove Existing 4"+/-Reinforced Concrete Sidewalk RemoveExisting6"+/-ReinforcedConcrete Driveway Temporary Rock Driveways P6275SY 15.00 $4,125.00 10.00 $2,750.0010.00 $2,750.008.00 $2,200.008.50 $2,337.50 P7420SY 8.00 $3,360.0010.00 $4,200.0010.00 $4,200.008.00 $3,360.008.00 $3,360.00 P8 6500 SY Driveway RemoveExisting6"+/-ReinforcedConcrete Alley Pavement RemoveExisting6"+/-ReinforcedConcrete Alley Approach Remove Existing 6"+/-Reinforced ConcreteP86500SY 8.00 $52,000.00 10.00 $65,000.0010.00 $65,000.0010.00 $65,000.008.00 $52,000.00 P8A4200SY 15.00 $63,000.0014.00 $58,800.0010.00 $42,000.0014.00 $58,800.0010.50 $44,100.00 P9490SY 15.00 $7,350.008.00 $3,920.0010.00 $4,900.009.00 $4,410.0010.50 $5,145.00 P10 12116 SY 1.95 $23,626.20 3.00 $36,348.00 2.50 $30,290.00 2.00 $24,232.00 6.00 $72,696.00 RemoveAsph.ConcretePvmt.w/Reinf. Concrete Base (4" HMAC Average and 6" Alley Approach RemoveExisting6"+/-ReinforcedConcrete Pavement (Includes Existing Curb) RemoveExistingAsphalticConcretePavement From Existing Reinforced Concrete Base in Compacted Subgrade (Usual 6" Depth)P10 12116 SY 1.95 $23,626.20 3.00 $36,348.00 2.50 $30,290.00 2.00 $24,232.00 6.00 $72,696.00 P11795SY 35.00 $27,825.00 54.00 $42,930.0035.00 $27,825.0045.00 $35,775.0037.00 $29,415.00 P12625SY 43.00 $26,875.0052.00 $32,500.0055.00 $34,375.0050.00 $31,250.0045.50 $28,437.50 4"ReinforcedConcreteSidewalkClass"A",5 Sack, 3000 PSI@28 Days 6"ReinforcedConcreteDrivewayClass"C",6 Sack, 3600 PSI@28 Days Compacted Subgrade (Usual 6" Depth) P13275SY 48.00 $13,200.00 54.00 $14,850.0040.00 $11,000.0050.00 $13,750.0053.30 $14,657.50 P14420SY 38.00 $15,960.0052.00 $21,840.0040.00 $16,800.0045.00 $18,900.0046.50 $19,530.00 P1510700SY 48.25 $516,275.0049.50 $529,650.0047.00 $502,900.0057.00 $609,900.0048.50 $518,950.00 Sack, 3600 PSI@28 Days8"-5"-8"ReinforcedConcreteAlleyClass"C",6 Sack, 3600 PSI@28 Days6"ReinforcedConcreteAlleyApproachClass "C", 6 Sack, 3600 PSI@28 Days8"ReinforcedConcretePavementw/6"Mono Curb Class "C", 6 Sack, 4000 PSI@28 Days P1634EA 900.00 $30,600.00 1,200.00 $40,800.001,200.00 $40,800.001,100.00 $37,400.001,100.00 $37,400.00 P17490SY 55.00 $26,950.0065.00 $31,850.0075.00 $36,750.0027.00 $13,230.0076.50 $37,485.00 P18256LF 40.00 $10,240.0024.00 $6,144.0040.00 $10,240.0060.00 $15,360.0025.00 $6,400.00 Curb Class "C", 6 Sack, 4000 PSI@28 Days Barrier-FreeRamps(ADACompliant)(Brickto be supplied by City of University Park)ReplaceAsphalticConcretePavement(4" HMAC Average Transitional Pavement)ProposedReinforcedConcreteRetainingWall Class "C", 6 Sack, 3600 PSI@28 Days (max P192978SY 7.50 $22,335.00 7.00 $20,846.0010.00 $29,780.004.00 $11,912.0010.00 $29,780.00 P201LS 15,000.00 $15,000.004,200.00 $4,200.0023,400.00 $23,400.0012,000.00$12,000.0015,000.00 $15,000.00 P2114EA 300.00 $4,200.00100.00 $1,400.00250.00 $3,500.00175.00 $2,450.00140.00 $1,960.00 P22 1 LS Stormwater Curb Openings (Neenah R3262-3) Erosion Control Measures (SWPPP and Site Class "C", 6 Sack, 3600 PSI@28 Days (max ReplacePlantMaterial(Bermuda,St. Augustine, Asian Jasmine, or Other) Horizontal & Vertical Control P22 1 LS 8,000.00 $8,000.00 12,450.00$12,450.007,500.00 $7,500.004,600.00$4,600.007,200.00 $7,200.00 $1,020,281.20 $1,053,904.00 $1,145,562.00 $1,135,227.00 $1,211,843.50SECTION 1 - Boedeker Street Paving Total Base Bid Erosion Control Measures (SWPPP and Site Notice) SECTION 2 - Additive Alternative University Boulevard Paving P1 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00Intentionally Left BlankP1 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 P1A5MONTH 5,000.00 $25,000.002,980.00$14,900.002,000.00 $10,000.002,500.00$12,500.003,500.00 $17,500.00 P2 1 LS 57,700.00$57,700.0028,500.00$28,500.0015,000.00 $15,000.00 55,000.00$55,000.00120,303.00$120,303.00 P3 250 LF 10.00 $2,500.00 3.00 $750.001.00 $250.004.00$1,000.003.45 $862.50 P4 600 SY Intentionally Left Blank Prepare Right-of-Way Barricades, Message Signs, Signs, and Traffic Handling Sawed Breakout line-Full Depth Remove Existing 4"+/-Reinforced ConcreteP4600SY 8.00 $4,800.00 14.00 $8,400.0010.00 $6,000.008.00$4,800.007.00 $4,200.00 P4A 20 EA 800.00$16,000.00400.00 $8,000.00 1,000.00 $20,000.00750.00$15,000.00600.00 $12,000.00 P5850SY 8.00 $6,800.0010.00 $8,500.0010.00 $8,500.0010.00$8,500.008.00 $6,800.00 Remove Existing 4"+/-Reinforced Concrete Sidewalk RemoveExisting6"+/-ReinforcedConcrete Driveway Temporary Rock Driveways P6 0.00 $0.00 0.00 $0.000.00 $0.000.00 $0.000.00 $0.00 P7 0.00 $0.00 0.00 $0.000.00 $0.000.00 $0.000.00 $0.00 Driveway Intentionally Left Blank Intentionally Left Blank Page 143 of 145 Bid Tabulations 49210 with Quantities Opened 05 07 2012.xlsx P8 0.00 $0.00 0.00 $0.000.00 $0.000.00 $0.000.00 $0.00 P94700SY 15.00$70,500.0014.00$65,800.0010.00 $47,000.0014.00$65,800.0011.50 $54,050.00 P10 5085 SY 1.95 $9,915.75 3.00$15,255.002.00 $10,170.002.00$10,170.006.00 $30,510.00 P11 740 SY Intentionally Left Blank Remove Asph.ConcretePvmt.w/Reinf. Concrete Base (4" HMAC Average and 6" Compacted Subgrade (Usual 6" Depth) 4"Reinforced Concrete Sidewalk Class "A",5P11740SY 35.00 $25,900.0054.00$39,960.0035.00 $25,900.0045.00$33,300.0037.00 $27,380.00 P12850SY 43.00$36,550.0052.00$44,200.0040.00 $34,000.0050.00$42,500.0046.10 $39,185.00 P13 Intentionally Left Blank 4"ReinforcedConcreteSidewalkClass"A",5 Sack, 3000 PSI@28 Days 6"ReinforcedConcreteDrivewayClass"C",6 Sack, 3600 PSI@28 Days P13 0.00 $0.00 0.00 $0.000.00 $0.000.00 $0.000.00 $0.00 P14 0.00 $0.000.00 $0.000.00 $0.000.00 $0.000.00 $0.00 P154780SY 48.25 $230,635.00 49.50 $236,610.00 49.00 $234,220.00 57.00 $272,460.00 49.00 $234,220.00 Intentionally Left Blank Intentionally Left Blank 8"ReinforcedConcretePavementw/6"Mono Curb Class "C", 6 Sack, 4000 PSI@28 Days 48.25 $230,635.00 49.50 $236,610.00 49.00 $234,220.00 57.00 $272,460.00 49.00 $234,220.00 P166EA 1,000.00 $6,000.00 1200 $7,200.00 1,200.00 $7,200.001,100.00$6,600.001,100.00 $6,600.00 P17135SY 55.00 $7,425.00 65 $8,775.0075.00 $10,125.0080.00$10,800.0082.30 $11,110.50 P18 0.00 $0.00 0 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 Barrier-FreeRamps(ADACompliant)(Brickto be supplied by City of University Park)ReplaceAsph.ConcretePvmt.w/Reinf. Concrete Base (4" HMAC Average and 6" Intentionally Left Blank Curb Class "C", 6 Sack, 4000 PSI@28 Days P18 0.00 $0.00 0 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 P191150SY 7.50 $8,625.00 7.00 $8,050.0010.00 $11,500.004.00$4,600.0010.00 $11,500.00 Intentionally Left Blank ReplacePlantMaterial(Bermuda,St. Augustine,AsianJasmine,orOther) (ContractorMustReplacew/SamePlant Material) P20 1 LS 10,000.00$10,000.003,200.00 $3,200.00 5,000.00 $5,000.004,000.00$4,000.008,000.00 $8,000.00 P2111EA 300.00 $3,300.00100.00 $1,100.00250.00 $2,750.00175.00$1,925.00140.00 $1,540.00 P221LS 6,500.00 $6,500.0010,800.00$10,800.003,000.00 $3,000.002,000.00$2,000.003,850.00 $3,850.00 Material) Horizontal & Vertical Control Stormwater Curb Openings (Neenah R3262-3) Erosion ControlMeasures(SWPPPandSite Notice) P23 3 EA 1,200.00 $3,600.00 500.00 $1,500.00400.00 $1,200.001,000.00$3,000.00600.00 $1,800.00 P24 2 EA 650.00 $1,300.00 500.00 $1,000.00500.00 $1,000.00500.00$1,000.00385.00 $770.00 P25 78 LF 15.00 $1,170.00 20.00 $1,560.0020.00 $1,560.0075.00$5,850.0030.00 $2,340.00 P26 77 LF 120.00 $9,240.00 112.00 $8,624.00 100.00 $7,700.00 120.00 $9,240.00 121.00 $9,317.00 Remove Existing Reinforced Concrete RCP Notice) Remove Existing 10' Curb Inlets Plug Existing 18" RCP Storm Sewer Pipe 21"Class III Reinforced Concrete PipeP2677LF 120.00 $9,240.00 112.00 $8,624.00100.00 $7,700.00120.00$9,240.00121.00 $9,317.00 P273EA 3,400.00$10,200.003,700.00$11,100.003,500.00 $10,500.002,800.00$8,400.003,450.00 $10,350.00 Construct10'CurbInlet(Includes10' Upstreamand10'DownstreamVariable Height Curb) 21"Class III Reinforced Concrete Pipe w/Recycled Concrete Mix Backfill and P282EA 1,100.00 $2,200.00 800.00 $1,600.00900.00 $1,800.00500.00$1,000.00470.00 $940.00 P29 1 EA Height Curb) ConnectProposed21"ReinforcedConcrete Storm SewerPipetoExisting30"Reinforced Concrete Storm Sewer Pipe Connect Proposed 21"Reinforced ConcreteP291EA 1,300.00 $1,300.00 800.00 $800.00900.00 $900.00500.00 $500.00525.00 $525.00 P301LS 1,500.00 $1,500.00850.00 $850.002,000.00 $2,000.001,000.00$1,000.00500.00 $500.00 3,700.00 Connect Proposed 21"Reinforced Concrete StormSewerPipetoExistingReinforced Concrete Storm Sewer Manhole Trench Safety SECTION 2 - Additive Alternative University Blvd Paving Total Base Bid $558,660.75 $537,034.00 $477,275.00 $580,945.00 $616,153.00 $1,020,281.20 $1,053,904.00 $1,145,562.00 $1,135,227.00 $1,211,843.50SECTION 1 - Boedeker Street Paving Total Base Bid $1,020,281.20 $1,053,904.00 $1,145,562.00 $1,135,227.00 $1,211,843.50 SECTION 2 - Additive Alternative University Blvd Paving Total Base Bid $558,660.75 $537,034.00 $477,275.00 $580,945.00 $616,153.00 SECTION 1 - Boedeker Street Paving Total Base Bid BID TOTALS $1,578,941.95 $1,590,938.00 $1,622,837.00 $1,716,172.00 $1,827,996.50 Page 144 of 145 Page 145 of 145