HomeMy WebLinkAbout2012.06.05 City Council AgendaCITYOFUNIVERSITYPARK
REGULARCITYCOUNCILMEETING
LOCATION:CITYHALLCOUNCILCHAMBER
AGENDA#2838
JUNE5,2012
CALLTOORDER:5:00P.M.
3:30-4:00P.M.EXECUTIVESESSION:TheCouncilwillconveneintoClosedExecutiveSession
underTexasGovernmentCodeSec.551.072todeliberatepossibleacquisitionofreal
propertylocatedadjacentto2525UniversityBlvd.Noactionwillbetaken.
ExecutiveConferenceRoom,1stfloor,CityHall.
4:00-5:00P.M.WORKSESSIONFORAGENDAREVIEW:TheCouncilwillmeetinopen
sessiontoreceivestaffbriefingsofagendaitems.Noactionwillbetaken.Council
ConferenceRoom,2ndfloor,CityHall.
TOSPEAKONANAGENDAITEM
AnyonewishingtoaddresstheCouncilonanyitemmustfilloutagreen“RequesttoSpeak”formand
returnittotheCitySecretary.WhencalledforwardbytheMayor,beforebeginningtheirremarks,speakers
areaskedtogotothepodiumandstatetheirnameandaddressfortherecord.
I.CALLTOORDER
A.INVOCATION:FireChiefRandyHowell
B.PLEDGEOFALLEGIANCE:FireChiefRandyHowell/BoyScouts
C.INTRODUCTIONOFCOUNCIL:MayorW.RichardDavis
D.INTRODUCTIONOFSTAFF:CityManagerBobLivingston
II.CONSENTAGENDA
A.CONSIDERANDACT:onanagreementtosupporttheannualPublicWorks
programattheNorthCentralTexasCouncilofGovernments(NCTCOG)
B.CONSIDERANDACT:onChangeOrderNo.2tothecontractwithCPS-Civilfor
streetpavement
C.CONSIDERANDACT:onapprovalofanInterlocalCooperationAgreementfor
JointProvisionofaD.A.R.E.OfficerforFY2012
D.CONSIDERANDACT:onanInterlocalCooperationAgreementforJoint
ProvisionofaStudentResourceOfficer(SRO)forFY2012
E.CONSIDERANDACT:onpurchaseoffurniture,furnishingsandequipmentforthe
UniversityParkPublicLibrary
F.CONSIDERANDACT:onpurchaseofareplacement2012ChevroletTahoePolice
PackageVehicle
G.CONSIDERANDACT:onminutesoftheMay22,2012SpecialCityCouncil
Meeting
Page 1 of 43
III.MAINAGENDA
A.CONSIDERANDACT:onaresolutionestablishingaLibraryConstructionFundand
transferringByrdEstateproceeds
B.CONSIDERANDACT:onanordinanceabandoningcertainalleyright-of-way
C.REPORT:CouncilmemberStewartwillupdatetheCouncilregardingtheScholarship
Committee
IV.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.
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AGENDAMEMO
(6/5/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks
SUBJECT:CONSIDERANDACT:onanagreementtosupporttheannualPublicWorks
programattheNorthCentralTexasCouncilofGovernments(NCTCOG)
BACKGROUND:
MembercitiesofNorthCentralTexasCouncilofGovernmentsparticipateinandfundannualwork
programs.UniversityParkhasbeenapartnerinthePublicWorksprogramsince1992.Basedon
population,theCity'scosttosupportthe2013programis$3,790.Thecollectivecitiesreceivebenefit
onsuchissuesas:
*PublicWorksConstructionStandards(Specifications)
*SustainablePublicRights-of-Way
*iSWMStormwaterprogram
*Hydrologic/floodingtechnicalsupport
*Generalpublicworkssupport
Detailsofeachissueareprovidedintheattachments.
RECOMMENDATION:
StaffrecommendsCityCouncilapprovaloftheCity'ssupportoftheNorthCentralTexasCouncilof
Governments'PublicWorksprogram,andauthorizetheDirectorofPublicWorkstoexecutethe
FY2013FundingCommitmentForm.
FUNDINGSOURCE:
STORMWATERUTILITYBUDGET
AcctNo02.23.7150$3,790
ATTACHMENTS:
NCTCOGPWFunding
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AGENDAMEMO
(6/5/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks
SUBJECT:CONSIDERANDACT:onChangeOrderNo.2tothecontractwithCPS-Civilfor
streetpavement
BACKGROUND:
AttheirSeptember6,2011meeting,theCityCouncilawardedabidintheamountof$2,546,226to
CPS-Civilforwaterandsanitarysewerimprovementsalongvariousstreetsandalleys.Aprevious
changeorderintheamountof$101,825,approvedbyCouncilon11.15.11,coveredthecostforextra
workassociatedwithasanitaryseweralongTulane,northfromBrynMawrtoCaruth.
Onanotherphaseoftheproject,thecontractorrecentlyreplacedadefectivesanitaryseweralongthe
3500blockofRankin.Permanentpavementrepairscouldnotbemadealongthetrenchlinebecause
ofthedeterioratedconditionoftheconcretebase.Resolutionoftheissuewillrequirethe
reconstructionofthestreet.Thecostoftheadditionalworkwillbeapproximately$100,000,which
wouldincreasethetotalcontractamountto$2,748,051.
Thetwochangeordershaveincreasedthecontractby7.93%.
RECOMMENDATION:
StaffrecommendsCityCouncilapprovalofChangeOrderNo.2tothecontractwithCPS-Civilinthe
amountof$100,000.
FUNDINGSOURCE:
CAPITALPROJECTSFUND
AcctNo42.42.4430
ProjectNo47017.2300
ATTACHMENTS:
SITEMAP
CPSCivilChangeOrderForm
Page 9 of 43
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CHANGE ORDER NO.2
To: City of University Park Project Number: 04.7017
Name: Mr. Robert Farrow, CCO Date: May 31, 2012
Company: CPS Civil
Address: 1215 Crest Lane Drive
City: Duncanville State: Texas Zip: 75137
Telephone: 972.674.2950
Fax No.: 972.674.2952
Project Information: Water, Sanitary Sewer and Alley Paving Improvements
At Various Locations
We hereby agree to make the change(s) specified below:
All labor, equipment, and materials to remove and replace concrete pavement
along Rankin from Thackery Street to 550 ft east.
We agree to make change(s) specified above at this price: $100,000.00
Original Contract Amount: $2,546,226.00
Previous Change Orders Amount: $101,825.00
Contract Amount Increased in Percent: 107.93%
Accepted -The above prices and specifications on this Change Order are satisfactory and are hereby
accepted. All work is to be performed under the same terms and conditions as specified in the
original contract unless otherwise stipulated.
Date Date
Contractor's Signature City Manager
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AGENDAMEMO
(6/5/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GaryW.Adams,ChiefofPolice
SUBJECT:CONSIDERANDACT:onapprovalofanInterlocalCooperationAgreementfor
JointProvisionofaD.A.R.E.OfficerforFY2012
BACKGROUND:
UnderthetermsandconditionsofthecurrentInterlocalCooperationAgreementforJointProvisionof
aD.A.R.E.officerintheHighlandParkIndependentSchoolDistrictbetweentheCityofUniversity
ParkandtheTownofHighlandPark,bothpartiesaretoreviewtheagreementannuallyforrenewal.
Undertheagreement,theestimatedcostsoftheprogram,includingsalaryandbenefitsforthe
D.A.R.E.officer,andexcludingmaterials,aresharedbytheCityofUniversityParkandtheTownof
HighlandPark,withtheCityofUniversityParkprovidingfor75%ofsuchestimatedcostsand
theTownofHighlandParkprovidingfor25%ofsuchestimatedcosts.TheCitywilladvance
andpayallcostsastheyaccrueandtheTownwillreimbursetheCityforits25%shareuponreceipt
ofastatementfromtheCityasoutlinedintheInterlocalCooperationAgreement.
RECOMMENDATION:
StaffrecommendstheCityofUniversityParkenterintoanInterlocalCooperationAgreementwith
theTownofHighlandParkinordertocontinuetoprovideaD.A.R.E.officerfortheHighlandPark
IndependentSchoolDistrict'smiddleschool.
ATTACHMENTS:
InterlocalCooperationAgreementforD.A.R.E.Officer2012/2013
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49279
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
INTERLOCAL COOPERATION AGREEMENT
FOR JOINT PROVISION OF POLICE SERVICES
THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into on this
5th day of June 2012, by and between the City of University Park, Texas (hereinafter referred to
as “CITY”), acting by and through its Mayor or his designee, and the Town of Highland Park,
Texas (hereinafter referred to as “TOWN”), and acting by and through its Mayor or his designee.
WITNESSETH:
WHEREAS, the Texas State Legislature has authorized the use of interlocal cooperation
agreements between and among governmental entities for the provision of
governmental services and functions; and
WHEREAS, this Interlocal Cooperation 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 authorization by CITY
and TOWN to provide certain police services.
WHEREAS, the governing bodies find that the performance of this agreement is in the
common public interest of both parties, and that the services provided pursuant
hereto benefit the citizens of the CITY and the TOWN; and
WHEREAS, the parties, in expending funds in the performance of the governmental functions
or in performing such governmental functions under this Agreement, shall make
payments therefor only from current revenues legally available to such party;
NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements
contained herein, the parties hereto do hereby agree as follows:
I
AGREEMENT
A. The CITY and TOWN agree, under the terms and conditions provided herein, and
with consent of the Highland Park Independent School District, to share the cost of
provision of the police personnel, salary and benefits, equipment and supplies, necessary
for presentation of the Drug Abuse Resistance Education (D.A.R.E.) program at the
Highland Park Intermediate School/McCulloch Middle School for the 2012-2013 school
year.
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B. The CITY will employ and furnish an appropriately trained and experienced
police officer of its Department to conduct the D.A.R.E. program during the term hereof.
The total estimated cost for provision of the program during the term of the 2012-2013
school year is $92,986.00. The parties agree that the CITY will pay 75% of the total cost
for provision of the program and the TOWN will pay 25% of such cost for the term
hereof. The CITY will advance and pay all such cost as it accrues and the TOWN will
reimburse the CITY for its 25 % share upon receipt of a statement from the CITY
therefor, which statement will be rendered on or before June 30, 2013 and be payable in
full on or before August 15, 2013.
II
GENERAL REQUIREMENTS APPLICABLE TO TOWN AND CITY
The following subparagraphs shall apply to this Agreement:
A. (1) IMMUNITY: 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. It is expressly understood and agreed that in the
execution of this Agreement, neither CITY nor TOWN waives, nor shall be deemed to
waive, any immunity or defense that would otherwise be available to each against claims
arising in the exercise of its governmental powers and functions.
(2) INSURANCE: During the term of this Agreement, and any extensions
thereof, CITY agrees to obtain and maintain, as part of the cost of providing the services
described herein, general liability insurance naming TOWN as an additional insured to
protect against potential claims arising out of the CITY’s provision of the service. CITY
may be self-insured to cover general liability risks to the CITY and the TOWN in order to
comply with this provision. The CITY shall furnish TOWN with a certificate of insurance
in accordance with this paragraph within sixty (60) days from the date of execution of
this Agreement. Nothing contained herein shall be construed to grant any third party
rights or waive the governmental and/or public purpose of the provision of the police
service described in this Agreement. TOWN may also have its own insurance, at its own
expense, for any liability for such services, if it so chooses.
B. THIRD PARTIES: This Agreement does not create any third-party beneficiaries.
Nothing in this Agreement shall be construed to create, expand or form a basis for
liability to any third party under any theory of law against either the CITY or TOWN
unless such a basis exists independent of this Agreement under State or federal law.
C. NOTICE: Each notice or other communication which may be or is required to be
given under this Agreement shall be in writing and shall be deemed to have been properly
given when delivered personally during the normal business hours of the party to whom
such communication is directed, or upon receipt when sent by United States registered or
certified mail, return receipt requested, postage prepaid, to the appropriate one of the
following addresses as may be designated by the appropriate party; however, each party
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49279
has a right to designate a different address by giving the other party fifteen (15) days
prior written notice of such designation:
If to TOWN:
Mayor
Town of Highland Park
4700 Drexel Drive
Highland Park, TX 75205
If to CITY:
Mayor
City of University Park
3800 University Boulevard
University Park, TX 75205
D. MANAGEMENT AUTHORITY During the term of this Agreement, and any
extensions thereof, CITY agrees to provide adequate supervision and training of the
police officer assigned to provide the DARE program. The CITY shall perform and
exercise all rights, duties and functions and services in compliance with all applicable
Federal, State and local laws and regulations.
E. ACCOUNTABILITY: CITY agrees to furnish upon the request of TOWN copies
of reports of daily activity submitted by the police officer assigned as the D.A.R.E.
officer. CITY also agrees to furnish upon the request of TOWN any and all aggregate or
statistical information created by CITY to document, track, or report activities of the
police officer assigned as the D.A.R.E. officer.
F. CLAIMS AGAINST PARTIES: Each party shall be responsible for defending
and/or disposing of all causes arising against the respective party as a result of this
program. It is expressly understood and agreed that in the execution of this contract,
neither CITY nor TOWN waives, nor shall be deemed to waive, any immunity or defense
that would otherwise be available to each against claims arising in the exercise of
governmental powers and functions.
G. TERM: The term of this Agreement shall be for the 2012-2013 school year
commencing on the first day of the Fall school term, 2012.
H. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the
parties hereto, and no other oral or written commitments shall have any force or effect if
not contained herein.
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49279
I. SEVERABILITY: In case any one (1) or more of the provisions contained herein
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision thereof, and
this Agreement shall be construed as if such invalidity, illegality or unenforceable
provision had never been contain herein.
J. AUTHORITY: The undersigned officers and/or agents are authorized to execute
this Agreement on behalf of the parties hereto, and each party hereto certifies to the other
that any necessary resolutions extending such authority have been duly passed and are
now in full force and effect.
III
TERMINATION
Either party, or the Highland Park Independent School District, may terminate this
Agreement with or without cause, by giving prior written notice of the date of termination to the
other party, as provided herein.
IV
REMEDIES
No right or remedy granted or reserved to the parties is exclusive of any other right or
remedy herein by law or equity provided or permitted; but each shall be cumulative of every
other right or remedy given hereunder. No covenant or condition of this Agreement may be
waived without written consent of the parties. Forbearance or indulgence by either party shall
not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement.
V
APPLICABLE LAW
This Agreement is governed by the laws of the State of Texas and venue of any action
brought to enforce the terms hereof shall lie exclusively in Dallas County, Texas.
VI
RECITALS
The recitals to this Agreement are incorporated herein for all purposes.
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49279
VII
EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
Duplicate originals executed by the parties to be effective on the date first written above.
ATTEST: CITY OF UNIVERSITY PARK, TEXAS
By: ____________________________________ By: ________________________________
City Secretary W. Richard Davis, Mayor
APPROVED AS TO FORM:
_______________________________________
City Attorney
ATTEST: TOWN OF HIGHLAND PARK, TEXAS
By: ____________________________________ By: ________________________________
Town Secretary Joel T. Williams III, Town Mayor
APPROVED AS TO FORM:
_______________________________________
Town Attorney
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49279
THE STATE OF TEXAS §
§ City Acknowledgment
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared W. Richard Davis known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed same for and
as the act and deed of the City of University Park, a municipal corporation of Dallas County,
Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ____ day of __________ 2012.
____________________________ ____________________________
My Commission Expires: Notary Public In and For
The State of Texas
____________________________
Notary’s Printed Name
THE STATE OF TEXAS §
§ Town Acknowledgment
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Joel T. Williams III known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and
as the act and deed of the Town of Highland Park, a municipal corporation of Dallas County,
Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ____ day of __________ 2012.
____________________________ ____________________________
My Commission Expires: Notary Public In and For
The State of Texas
____________________________
Notary’s Printed Name
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AGENDAMEMO
(6/5/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GaryW.Adams,ChiefofPolice
SUBJECT:CONSIDERANDACT:onanInterlocalCooperationAgreementforJoint
ProvisionofaStudentResourceOfficer(SRO)forFY2012
BACKGROUND:
UnderthetermsandconditionsofthecurrentInterlocalCooperationAgreementforJointProvisionof
aSROofficerintheHighlandParkIndependentSchoolDistrictbetweentheCityofUniversityPark
andtheTownofHighlandPark,bothpartiesaretoreviewtheagreementannuallyforrenewal.
Undertheagreement,theestimatedcostsoftheprogram,includingsalaryandbenefitsfortheSRO
officer,andexcludingmaterials,aresharedbytheCityofUniversityParkandtheTownofHighland
Park,withtheCityofUniversityParkprovidingfor75%ofsuchestimatedcostsandtheTownof
HighlandParkprovidingfor25%ofsuchestimatedcosts.TheCitywilladvanceandpayallcostsas
theyaccrueandtheTownwillreimbursetheCityforits25%shareuponreceiptofastatementfrom
theCityasoutlinedintheInterlocalCooperationAgreement.
RECOMMENDATION:
StaffrecommendstheCityofUniversityParkenterintoanInterlocalCooperationAgreementwith
theTownofHighlandParkinordertocontinuetoprovideaSROofficerfortheHighlandPark
IndependentSchoolDistrict'shighschool.
ATTACHMENTS:
InterlocalCooperationAgreementforSROOfficer2012/2013
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49280
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
INTERLOCAL COOPERATION AGREEMENT
FOR JOINT PROVISION OF POLICE SERVICES
THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into on this
5th day of June 2012, by and between the City of University Park, Texas (hereinafter referred to
as “CITY”), acting by and through its Mayor or his designee, and the Town of Highland Park,
Texas (hereinafter referred to as “TOWN”), and acting by and through its Mayor or his designee.
WITNESSETH:
WHEREAS, the Texas State Legislature has authorized the use of interlocal cooperation
agreements between and among governmental entities for the provision of
governmental services and functions; and
WHEREAS, this Interlocal Cooperation 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 authorization by CITY
and TOWN to provide certain police services.
WHEREAS, the governing bodies find that the performance of this agreement is in the
common public interest of both parties, and that the services provided pursuant
hereto benefit the citizens of the CITY and the TOWN; and
WHEREAS, the parties, in expending funds in the performance of the governmental functions
or in performing such governmental functions under this Agreement, shall make
payments therefor only from current revenues legally available to such party;
NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements
contained herein, the parties hereto do hereby agree as follows:
I
AGREEMENT
A. The CITY and TOWN agree, under the terms and conditions provided herein, and with
consent of the Highland Park Independent School District, to share the cost of provision
of the police personnel, salary and benefits, equipment and supplies, necessary for
implementation of the School Resource Officer (SRO) program at the Highland Park
High School for the 2012-2013 school year.
B. The CITY will employ and furnish an appropriately trained and experienced police
officer of its Department for the SRO position during the term hereof. The total
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49280
estimated cost for provision of the program during the current term of this Agreement is
$71,660.00, plus incidental expenses such as travel expenses, promotional items, and
materials. The parties agree that the CITY will pay 75% of the cost of provision of the
program, and the TOWN will pay 25% of such cost for the term hereof. The CITY will
advance and pay all such costs as they accrue and the TOWN will reimburse the CITY
for its 25 % share upon receipt of a statement from the CITY therefor, which statement
will be rendered on or before June 30, 2013 and be payable in full on or before August
15, 2013.
II
GENERAL REQUIREMENTS APPLICABLE TO TOWN AND CITY
The following subparagraphs shall apply to this Agreement:
A. (1) IMMUNITY: 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. It is expressly understood and agreed that in the
execution of this Agreement, neither CITY nor TOWN waives, nor shall be deemed to
waive, any immunity or defense that would otherwise be available to each against claims
arising in the exercise of its governmental powers and functions.
(2) INSURANCE: During the term of this Agreement, and any extensions thereof,
CITY agrees to obtain and maintain, as part of the cost of providing the services
described herein, general liability insurance naming TOWN as an additional insured to
protect against potential claims arising out of the CITY’s provision of the service. CITY
may be self-insured to cover general liability risks to the CITY and the TOWN in order to
comply with this provision. The CITY shall furnish TOWN with a certificate of insurance
in accordance with this paragraph within sixty (60) days from the date of execution of
this Agreement. Nothing contained herein shall be construed to grant any third party
rights or waive the governmental and/or public purpose of the provision of the police
service described in this Agreement. TOWN may also have its own insurance, at its own
expense, for any liability for such services, if it so chooses.
B. THIRD PARTIES: This Agreement does not create any third-party beneficiaries.
Nothing in this Agreement shall be construed to create, expand or form a basis for
liability to any third party under any theory of law against either the CITY or TOWN
unless such a basis exists independent of this Agreement under State or federal law.
C. NOTICE: Each notice or other communication which may be or is required to be given
under this Agreement shall be in writing and shall be deemed to have been properly given
when delivered personally during the normal business hours of the party to whom such
communication is directed, or upon receipt when sent by United States registered or
certified mail, return receipt requested, postage prepaid, to the appropriate one of the
following addresses as may be designated by the appropriate party; however, each party
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49280
has a right to designate a different address by giving the other party fifteen (15) days
prior written notice of such designation:
If to TOWN:
Mayor
Town of Highland Park
4700 Drexel Drive
Highland Park, TX 75205
If to CITY:
Mayor
City of University Park
3800 University Boulevard
University Park, TX 75205
D. MANAGEMENT AUTHORITY During the term of this Agreement, and any extensions
thereof, CITY agrees to provide adequate supervision and training of the police officer
assigned to be the SRO. The CITY shall perform and exercise all rights, duties and
functions and services in compliance with all applicable Federal, State and local laws and
regulations.
E. ACCOUNTABILITY: CITY agrees to furnish upon the request of TOWN copies of
reports of daily activity submitted by the police officer assigned as the SRO. CITY also
agrees to furnish upon the request of TOWN any and all aggregate or statistical
information created by CITY to document, track, or report activities of the police officer
assigned as the SRO.
F. CLAIMS AGAINST PARTIES: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of this program. It
is expressly understood and agreed that in the execution of this contract, neither CITY
nor TOWN waives, nor shall be deemed to waive, any immunity or defense that would
otherwise be available to each against claims arising in the exercise of governmental
powers and functions.
G. TERM: The term of this Agreement shall be for the school year commencing on the first
day of the fall school term, 2012.
H. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties
hereto, and no other oral or written commitments shall have any force or effect if not
contained herein.
I. SEVERABILITY: In case any one (1) or more of the provisions contained herein shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such
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49280
invalidity, illegality or unenforceability shall not affect an y other provision thereof, and
this Agreement shall be construed as if such invalidity, illegality or unenforceable
provision had never been contain herein.
J. AUTHORITY: The undersigned officers and/or agents are authorized to execute this
Agreement on behalf of the parties hereto, and each party hereto certifies to the other that
any necessary resolutions extending such authority have been duly passed and are now in
full force and effect.
III
TERMINATION
Either party, or the Highland Park Independent School District, may terminate this
Agreement with or without cause, by giving prior written notice of the date of termination to the
other party, as provided herein.
IV
REMEDIES
No right or remedy granted or reserved to the parties is exclusive of any other right or
remedy herein by law or equity provided or permitted; but each shall be cumulative of every
other right or remedy given hereunder. No covenant or condition of this Agreement may be
waived without written consent of the parties. Forbearance or indulgence by either party shall
not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement.
V
APPLICABLE LAW
This Agreement is governed by the laws of the State of Texas and venue of any action
brought to enforce the terms hereof shall lie exclusively in Dallas County, Texas.
VI
RECITALS
The recitals to this Agreement are incorporated herein for all purposes.
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49280
VII
EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
Duplicate originals executed by the parties to be effective on the date first written above.
ATTEST: CITY OF UNIVERSITY PARK, TEXAS
By: ____________________________________ By: ________________________________
City Secretary W. Richard Davis, Mayor
APPROVED AS TO FORM:
_______________________________________
City Attorney
ATTEST: TOWN OF HIGHLAND PARK, TEXAS
By: ____________________________________ By: ________________________________
Town Secretary Joel T. Williams III, Mayor
APPROVED AS TO FORM:
_______________________________________
Town Attorney
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THE STATE OF TEXAS §
§ City Acknowledgment
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared W. Richard Davis known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed same for and
as the act and deed of the City of University Park, a municipal corporation of Dallas County,
Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of __________ 2012.
____________________________ ____________________________
My Commission Expires: Notary Public In and For
The State of Texas
____________________________
Notary’s Printed Name
THE STATE OF TEXAS §
§ Town Acknowledgment
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Joel T. Williams III, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and
as the act and deed of the Town of Highland, a municipal corporation of Dallas County, Texas,
and as the Mayor thereof, and for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ____ day of __________ 2012.
____________________________ ____________________________
My Commission Expires: Notary Public In and For
The State of Texas
____________________________
Notary’s Printed Name
Page 25 of 43
AGENDAMEMO
(6/5/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:ChristineGreen,PurchasingAgent
SUBJECT:CONSIDERANDACT:onpurchaseoffurniture,furnishingsandequipmentforthe
UniversityParkPublicLibrary
BACKGROUND:
AttachedisamemofromLendaSturdivantofDewberryArchitects,Inc.regardingthebidsfor
furniture,furnishings,andequipment(FF&E)forthenewlibrary.Dewberryisthearchitectforthe
finish-outofthenewlibraryspaceinPrestonCenter.
WorkingwithDewberry,Iissuedacompetitivesealedbid(Bid#12-04)forlibraryshelving,
architecturalwoodwork,acustom-made“bookworm”forthechildren’sarea,andother“openline”
furniturenotexclusivetocertaindealers.Theawardrecommendationsarelistedontheattached
memo.
Dewberryalsosolicitedquoteson11otherfurniturepackages(schedules)thatwereproprietaryto
certainfurnituredealers.ThisfurnitureisavailableonTXMAScontracts,sostatutorybidding
requirementshavebeensatisfied.AlthoughTXMAScontractsestablishasetmanufacturer’spricefor
thefurniture,thedealershavesomeflexibilityintheamounttheywillchargefordeliveryand
installation.DewberryselectedthelowestquotesoneachoftheseTXMAScontractpurchases,and
theirrecommendationsarelistedontheattachedmemo.
Thebidtotalforall15furnitureschedulesis$415,577.16.Thisis$2,212.84underDewberry’s
$417,790.00estimateforLibraryFF&E.
RECOMMENDATION:
Staffrecommendsawardofthe15furnitureschedulesinthetotalamountof$415,577.16tothe
qualifiedlowbiddersshownontheattachedmemo.
ATTACHMENTS:
DewberryLetterofRecommendationforFurnitureAward
BidTabforSchedules1-4
BidTabforSchedules5-15
Page 26 of 43
Page 27 of 43
Page 28 of 43
Bid Tabulation #12-04
University Park Library FF&E
Project No. 50046681
Date: May 10, 2012
Contractor
Schedule #1
12310 – Library
Shelving
Schedule #2
12320-
Architectural
Woodwork
Schedule #3
12321- Children’s
Entry Bookworm
Schedule #4
12500- Furniture
Addendum
received (Y or N)
Total Bid
Cultural
Surroundings
$72,579 $145,901 No Bid No Bid Y
Library Design
Systems No Bid $145,129.29 $14,597.51 No Bid Y
G.L. Seaman
No Bid No Bid No Bid $33,863.16 Y
Workplace
Resource No Bid No Bid No Bid $35,097 Y
Vance Hunt $49,450 No Bid No Bid No Bid Y
Page 29 of 43
Bid Tabulation – Pricing Quotes on Contract
University Park Library FF&E
Project No. 50046681
Date: May 03, 2012
Contractor
Schedule 5
12510 –
Steelcase/
Coalesse/ Details
Schedule 6
12520 -
National
Schedule 7
12530 - KI
Schedule 8
12540 – Fixtures
Furniture
Schedule 9
12550 - Arcadia
Schedule 10
12560 – David
Edward
Schedule 11
12570 - Ideon
Schedule 12
12580 - Nevins
Schedule 13
12590 - Allermuir
Schedule 14
12600 - TPSDG
Schedule 15
12610 – T2
Total Bid
Business
Interiors
$67,612.97 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid
Cultural
Surroundings
No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid $9,829.00 No Bid
KI Direct/ Interior
Solutions
No Bid No Bid $8,638.65 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid
Intelligent
Interiors
No Bid No Bid No Bid $4,451.16 $1,694 $5,392.96 $5,730.50 $12,487.00 $4,714 (No
contract) No Bid No Bid
Library Design
Systems No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid $5,853.49 No Bid No Bid
Library Interiors
of Texas No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid $14,760
Royer and
Schutts No Bid $37,848.02 No Bid $4,534.16 $1,650.08 $5,387.36 $5,754.91 $12,557.63 $4,912.00 (No
contract) No Bid No Bid
G.L. Seaman
No Bid No Bid No Bid $4,448.16 $1,637.08 $5,549.19 $5,564.61 $12,723.14 $4,806.00 (No
contract) No Bid No Bid
Wilson
No Bid $39,530.20 $10,953.38
(No contract) $4,371.72 $1,566.30 $5,286.60 $5,859.33 $12,690.73 $4,572.33 (No
contract) No Bid No Bid
Page 30 of 43
AGENDAMEMO
(6/5/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:ChristineGreen,PurchasingAgent
SUBJECT:CONSIDERANDACT:onpurchaseofareplacement2012ChevroletTahoePolice
PackageVehicle
BACKGROUND:
AttachedisaquotefromCaldwellCountryfora2012ChevroletTahoePolicePackageVehicle.This
vehiclepurchaseisnecessarytoreplaceanexistingTahoethatwasrecentlytotaled.
TheTahoeisavailablethroughtheTarrantCountyCooperativePurchasingProgramatacostof
$26,932forthevehicleplus$3,945foranextendedwarranty.
RECOMMENDATION:
Staffrecommendspurchaseofa2012ChevroletTahoePolicePackageVehiclefrom
CaldwellCountryChevroletinthetotalamountof$30,877.Purchasesmadethroughthe
TarrantCountyCooperativePurchasingProgramsatisfycompetitivebidding
requirements.
ATTACHMENTS:
QuotefromCaldwellCountryusingTarrantCountyPurchasingCooppricing
Page 31 of 43
QUOTE# 00BB CONTRACT PRICING WORKSHEET
End User: CITY OF UNIVERSITY PARK Contractor: CALDWELL COUNTRY
Contact Name: JIM GAU CALDWELL COUNTRY
Email: JGAU@UPTEXAS.ORG Prepared By: Averyt Knapp
Phone #: 214-987-5475 Email:
aknapp@caldwellcountry.com
Fax #: 214-987-5479 Phone #: 800-299-7283 or 979-
567-6116
Location City: UNIVERSITY PARK, TX Fax #: 979-567-0853
Date Prepared: MAY 22, 2012 Address: P. O. Box 27,
Caldwell, TX 77836
Contract: TARRANT CTY INTERLOCAL Tax ID # 14-1856872
Product Description: 2012 CHEVROLET TAHOE PPV CC10706
A Base Price & Options: $26,932
B Published Options
Code Description Cost Code Description Cost
LH SPOTLIGHT 7X6,
LOCKING DIFFERENTIAL
G80, KEYLESS ENTRY
AMF, INOP DOOR
HANDLES 6B2, INOR
REAR WINDOW SWITCHES
6N5, DUAL BATTERIES
6A6, TWO EXTRA KEYS
& TWO EXTRA REMOTES
(FOUR TOTAL/EACH)
INCL
*** GMPP MAJOR GUARD
5YR/100,000 MILES @
$100 DEDUCTIBLE
$3945 CALDWELL COUNTRY
PO BOX 27
CALDWELL,TEXAS 77836
Subtotal B
$3,945
C Unpublished Options
Code Description Cost Code Description Cost
Subtotal C
D Other Price Adjustments (Installation, Delivery, Etc…)
Subtotal D
INCL
E Unit Cost Before Fee & Non-Equipment Charges(A+B+C+D)$30,877
Quantity Ordered
X
1
Page 32 of 43
Subtotal E
$30,877
F Non-Equipment Charges (Trade-In, Warranty, Etc…)
G. Color of Vehicle: BLACK
H. Total Purchase Price (E+F) $30,877
Estimated Delivery
Date:
60-90 DAYSAPPX
Page 33 of 43
AGENDAMEMO
(6/5/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:LizSpector,CitySecretary
SUBJECT:CONSIDERANDACT:onminutesoftheMay22,2012SpecialCityCouncil
Meeting
BACKGROUND:
MinutesoftheMay22,2012CityCouncilMeetingareincludedfortheCouncil'sconsideration.
ATTACHMENTS:
2012.05.22CouncilMtgMinutes
Page 34 of 43
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Page 35 of 43
RESOLUTION NO. 12-05
CANVASS OF RETURNS AND DECLARATION OF RESULTS OF AN ELECTION
HELD IN THE CITY OF UNIVERSITY PARK, TEXAS, ON MAY 12, 2012, FOR
THE ELECTION OF CITY OFFICIALS FOR THE CITY OF UNIVERSITY PARK,
TEXAS.
-XGJH%DUNORZDGPLQLVWHUHGWKH2DWKRI2IILFHWR0D\RU'DYLVDQG&RXQFLOPHPEHUV%RE
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The newly installed City Council took their places on the dais.
0D\RU'DYLVGHVLJQDWHG&RXQFLOPHPEHU%RE&ODUNWRVHUYHDV0D\RU3UR7HPSRUHIRU\HDU
RQHRIWKHWZR\HDU&RXQFLOWHUP
Mayor Pro Tempore Grable was presented with retirement gifts including a rocking chair
and a watch by Mayor Davis and former Mayor James H. Holmes, III.
0D\RU3UR7HPSRUH*UDEOHDGGUHVVHGWKH&RXQFLOVWDIIDQGDXGLHQFH+HLQWURGXFHGVHYHUDO
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IV.PUBLIC COMMENTS
Page 36 of 43
AGENDAMEMO
(6/5/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:KentAustin,DirectorofFinance
SUBJECT:CONSIDERANDACT:onaresolutionestablishingaLibraryConstructionFundand
transferringByrdEstateproceeds
BACKGROUND:
TheconstructionoftheUniversityParkpubliclibraryisanewandexcitingprojectfortheCity.The
librarywillbecomeaCitydepartmentonOctober1,2012.Bothoftheseeventsrequirechangesin
theCity'saccountingsystems.
Totrackandmanagethe$2.5millionlibraryconstructionproject'sinflowsandoutflows,Citystaff
proposestoestablishanew"LibraryConstructionFund."Thefundwouldbeastand-alonefinancial
entity,similartotheexistingCapitalProjectsFundorGeneralFund.
LibraryConstructionFundrevenueswouldcomeprimarilyfromtwosources:1)paymentofan
approximately$875,000finishoutallowancenegotiatedwithVentureCommercial,and2)transfer
of$1,274,954fromtheexistingrestrictedGeneralFundbalanceoftheByrdEstateproceeds.
TheByrdEstatemoneyresultsfromthewillofMattieCaruthByrd.Her1971willbequeathedthe
homeat6909Vassaranditschina,silverware,householdfurniture,andfurnishingstotheCityof
UniversityPark“tobeusedforamuseumand/orothercivic,culturalandgovernmentalpurposesas
samerelatetotheCityofUniversityParkanditsgovernmentalfunctions.”Thewillstatedthegift
wouldtakeeffectafterthedeathofMs.CaruthByrd’shusbandD.HaroldByrdifshepredeceased
him.Apubliclibraryisclearlywithinthescopeofacivicorculturalpurposeasdescribedinthewill.
In1987(orso)D.HaroldByrddied,andonSeptember1,1989thepropertywassoldfor$2,000,000.
Afterexpensesandaone-halfsharetosonCaruthClarkByrd,theCityreceived$929,722.On
November9,1989,theCityCouncilestablisheda"reserveforproceedsfromtheByrdEstate."With
interestearningsovertimetheamountgrewto$1,274,954.
RECOMMENDATION:
CitystaffrecommendsapprovaloftheresolutionestablishingaLibraryConstructionFundand
transferringtheByrdEstateproceedsbalanceof$1,274,954fromtheGeneralFund.
ATTACHMENTS:
Resolution--LibraryConstructionFundandByrdEstateproceedstransfer
Page 37 of 43
RESOLUTION NO. _________________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, ESTABLISHING A LIBRARY CONSTRUCTION FUND;
TRANSFERRING THE BYRD ESTATE FUND TO THE LIBRARY CONSTRUCTION
FUND; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Will of Mattie Caruth Byrd bequeathed property to the City to be used for a
museum and/or other civic, cultural and governmental purposes of the City of University Park;
and,
WHEREAS, in 1989, the City Council established a reserve for the proceeds of the sale of the
City’s interest in the Byrd Estate property; and,
WHEREAS, the City Council has determined to construct a public library for the City and
wishes to create a library construction fund and transfer the Byrd Estate fund into the library
fund; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That there is hereby created a Library Construction Fund for the revenues
and building expenditures related to the University Park Public Library currently under
construction in the Plaza at Preston Center.
SECTION 2. The City Council hereby finds and concludes that the premises hereof are
true and correct. The City Council hereby further makes a legislative finding that the use of the
Byrd Estate fund for construction of the University Park Public Library is a use by the City for a
civic, cultural or governmental purpose of the City of University Park in accordance with the
Will of Mattie Caruth Byrd.
SECTION 3. That the “Spendable Fund Balance, Restricted for Byrd Estate”, in the
amount of $1,274,954.14, is hereby ordered transferred from the General Fund to the Library
Construction Fund. The City Manager is directed to accomplish such administrative steps as
may be necessary to transfer such fund.
Page 38 of 43
SECTION 4. This Resolution shall take effect immediately from and after its passage,
and it is accordingly so resolved.
DULY PASSED by the City Council of the City of University Park, Texas, on the 5th
day of June 2012.
APPROVED:
__________________________________
W. RICHARD DAVIS, MAYOR
APPROVED AS TO FORM: ATTEST:
___________________________________ __________________________________
CITY ATTORNEY LIZ SPECTOR, CITY SECRETARY
(RLD/5-30-12/55656)
Page 39 of 43
AGENDAMEMO
(6/5/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks
SUBJECT:CONSIDERANDACT:onanordinanceabandoningcertainalleyright-of-way
BACKGROUND:
LegacyHillcrestProperties,ownersoftheChaseBankbuildingat6517Hillcrest,requeststhatthe
Cityabandonthealleyright-of-wayimmediatelywestoftheirbuilding,northfromHaynietoDaniel.
ThealleyseparatesthebankfromasurfaceparkinglotalsoownedbyLegacyHillcrest.Thisisthe
secondrequestforabandonment.Thefirstrequestwasassociatedwiththe2010zoningapplication
foraplanned-developmentthatproposedconsolidationoftheexistingbankproperty,thealley,and
theparkinglotintoasinglebuildingsite.Councildeferredactionontheabandonmentuntila
decisionwasrenderedonthezoningcase.Followingseveralpublichearingsandconsiderableinput
fromthedeveloperandthepublic,theCityCouncilvotedinOctober2011todenythezoning
application.Theabandonmentofthealleywasnotaddressedatthattime.
LegacyHillcrestiscurrentlydevelopingplansforthebankbuildingandparkinglotthatareallowed
withinexistingzoning.Onceagain,theyhaverequestedthattheCityabandonthealleyrightofway.
TheonlyuseproposedforthealleyistheconstructionofanADArampforrearaccesstothe
building.
TheCitycurrentlyhaswater,sanitarysewer,andsolidwastefacilitiesinthealley.Thesewerserves
onlythebankbuildingandcouldbeeasilyadjustedforbuildingmodificationsthatmaybe
proposed.Eliminationofthewatermaininthealleywouldrequireconstructionofanewlinealong
HaynietotheeastsideofHillcrest.Theproposedrelocationofthesolidwastecontainerstothesouth
sideofDanielwouldresultinalossofefficiencyalongthecollectionroute,andwouldrequire
drivingintheopposingtrafficlanetoaccessthedumpsters.
Thefutureuseofthealleyhasbeenreferencedintherecommendationsoftwoconsultantshiredby
theCitytoconductdevelopment-relatedstudiesinSniderPlaza.In2005,theCitycontractedwith
DennisWilsonofTownscapeInc.,toconductastudyandprepareaMasterPlantoguidethefuture
developmentofthePlaza.ThatreviewincludedMr.Wilson'sthoughtsontheuseofthissamealley
inrelationshiptoitsuseinaproposedsiteplansubmittedbyLegacyHillcrestin2006.
“TheCommonAreashallbelocatedatgradewithadjacentpublicsidewalks.Approvalofthedesign
oftheCommonAreashallbesubjecttothecompletediscretionofCouncilwithconsiderationofthe
detailedsiteplan.Itisanticipatedthatitwillprovideapublicamenityintermsofitsusebythepublic
anditsroleinservingasaterminusforSniderPlaza”.
Againin2007,theCityhiredCarlWalkerAssociatestoconductastudyandprepareaParking
Supply/DemandAnalysisandStrategicPlanforSniderPlaza.Thefinalreportofthatstudyprovided
thefollowingrecommendation:
Page 40 of 43
“Promoteurbandesignchangestocreateamorepedestrianfriendlyenvironmentandpromote
enhancedconnectivitybetweenactivitycenters.Encourageandsupportthedevelopmentof
enhancedpedestrianamenitiestoimprovethe“walkability”ofSniderPlaza.”
Consistentwiththestudyfindingsmentionedabove,itisstaff'sopinionthattheabandonmentofthe
alleywaywillprecludeconnectivitybetweenSniderPlazaandtheresidentialneighborhoodstothe
southandclosethedoortoarangeoffuturedevelopmentoptionsforSniderPlaza.
Aswithanyabandonmentrequest,staffplacedtheitemontheagendaforCityCouncilconsideration.
IftheCouncildecidestoabandontheright-of-way,staffwillcontractwithanappraisertodevelopthe
fairmarketvalueforthealley.Thecostoftheappraisalwouldbebornebythedeveloper.Thecity
attorneywoulddraftanabandonmentordinanceforCouncilactionatasubsequentmeeting.
RECOMMENDATION:
StaffrecommendsCityCouncildenialofthealleyabandonmentrequest.
ATTACHMENTS:
sitemap
Page 41 of 43
Page 42 of 43
AGENDAMEMO
(6/5/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:BobLivingston,CityManager
SUBJECT:REPORT:CouncilmemberStewartwillupdatetheCouncilregardingtheScholarship
Committee
BACKGROUND:
CouncilmemberStewartistheCouncilliaisontotheScholarshipCommittee.Thiscommitteereviews
andapprovesscholarshipapplicationssubmittedbychildrenofemployeesoftheCity.This
committeehasalsobeentaskedwithresearchingmethodsforongoingfundraisingtosustainthe
scholarshipfundthatwasestablishedbyformermayor,DonHouseman.
CouncilmemberStewartwillupdatetheCouncilontheprogressoftheScholarshipCommittee
towardsthatgoal.
Page 43 of 43