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HomeMy WebLinkAbout2012.07.03 City Council AgendaCITYOFUNIVERSITYPARK REGULARCITYCOUNCILMEETING LOCATION:CITYHALLCOUNCILCHAMBER AGENDA#2840 JULY3,2012 CALLTOORDER:5:00P.M. 3:45-4:00P.M.PRESENTATION:ofvideodetailingcapabilitiesofrecentlycompletedFire TrainingCenter.2ndFloorConferenceRoom,CityHall. 4:00-5:00P.M.WORKSESSIONFORAGENDAREVIEW:TheCityCouncilwillmeetinopen worksessiontoreceivestaffbriefingsonagendaitems.Noactionwillbetaken.2nd FloorConferenceRoom,CityHall. TOSPEAKONANAGENDAITEM AnyonewishingtoaddresstheCouncilonanyitemmustfilloutagreen“RequesttoSpeak”formand returnittotheCitySecretary.WhencalledforwardbytheMayor,beforebeginningtheirremarks,speakers areaskedtogotothepodiumandstatetheirnameandaddressfortherecord. I.CALLTOORDER A.INVOCATION:DirectorofHumanResourcesLuanneHanford B.PLEDGEOFALLEGIANCE:DirectorofHumanResourcesLuanneHanford C.INTRODUCTIONOFCOUNCIL:MayorW.RichardDavis D.INTRODUCTIONOFSTAFF:CityManagerBobLivingston II.AWARDSANDRECOGNITION A.RECOGNITION:oftheretirementofKelvinKizzee,MaintenanceTechI, InfrastructureMaintenance,after20yearsofservice. B.RECOGNITION:oftheretirementofSandyPerkins,PurchasingAssistant,after20 yearsofservice. III.CONSENTAGENDA A.CONSIDERANDACT:onaresolutionrenewingtheCity'sInvestmentPolicy B.CONSIDERANDACT:onpurchaseofnetworkandsecurityequipment C.CONSIDERANDACT:onYMCARequesttoConduct4thAnnualKidsTriathlon D.CONSIDERANDACT:onanordinanceprovidingadefinitionforadriveway E.CONSIDERANDACT:onanaddendumtotheengineeringcontractwithC-P Engineeringforwaterandsanitarysewerimprovementsatvariouslocations F.CONSIDERANDACT:onfinalpaymenttoCPS-CivilContractorsforinstallationof water,sanitarysewer,andpavementimprovementsatvariouslocations G.CONSIDERANDACT:onminutesoftheJune19,2012CityCouncilMeeting IV.MAINAGENDA Page 1 of 94 A.DISCUSS:AnnualWaterQualityReportandreceivepubliccomment B.PUBLICHEARING:ontheCity'sStormWaterManagementProgram C.CONSIDERANDACT:onanordinanceamendingtheResidentialParking Districttoincludethesouthsideofthe3500and3600blocksofMcFarlinBoulevard D.CONSIDERANDACT:onlandscapeplansforMcFarlinBlvd.medians E.DISCUSS:requestforchangestoconcessionsprovidedatHolmesAquaticCenterand providedirectiontostaff F.CONSIDERANDACT:onaninvitationfromtheTexasCommissionon EnvironmentalQuality(TCEQ)"SanitarySewerOverflowInitiative" G.CONSIDERANDACT:onaresolutionappointingboardandcommitteemembersfor 2012-2014 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 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:LuanneHanford SUBJECT:RECOGNITION:oftheretirementofKelvinKizzee,MaintenanceTechI, InfrastructureMaintenance,after20yearsofservice. BACKGROUND: Kelvinwillreceivearetirementplaqueandaretirementgiftcheck. Page 3 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:LuanneHanford SUBJECT:RECOGNITION:oftheretirementofSandyPerkins,PurchasingAssistant,after20 yearsofservice. BACKGROUND: Sandywillreceivearetirementplaqueandretirementgiftcheck. Page 4 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:KentAustin,DirectorofFinance SUBJECT:CONSIDERANDACT:onaresolutionrenewingtheCity'sInvestmentPolicy BACKGROUND: TheTexasPublicFundsInvestmentAct(PFIA,alsoChapter2256oftheTexas GovernmentCode)requiresthatacity’sgoverningbody“reviewitsinvestmentpolicy andinvestmentstrategiesnotlessthanannually”andthatthepolicybeadoptedbyrule, order,ordinance,orresolution.TheCityCouncillastapprovedUniversityPark’s InvestmentPolicyviaresolutiononJune21,2011. ThisyearCitystaffproposednochangestotheinvestmentpolicy,andbecausetheState Legislatureisnotinsession,therearenoamendmentstothePFIAthatwouldimpactthe City'spolicy.TheFinanceAdvisoryCommitteealwaysreviewstheproposedpolicy eachyearbeforemakingarecommendationtotheCouncil. MinutesoftheJune7,2012Committeemeetingareincludedwiththisagendaitem.The Committeerecommendedapprovalofthepolicyunanimously.Theonechangetothe policyisinsection1-3,Scope,sothatitreads:"ThisInvestmentPolicyoftheCityof UniversityParkshallincludeallinvestmentactivitiesofanyfundoftheCity.The Firefighters'ReliefandRetirementFund(FRRF)isnotaCityfundandiscoveredbya separatepolicy." ThislanguageisintendedtoclarifytheFRRF'sseparateness.Theexistingpolicy suggestedthattheFRRFwasaCityfund. Belowisasummaryoftheinvestmentpolicy’skeypoints: •Identificationofthepolicy’sfourobjectives:safety,liquidity,yield,andprudence.Safetyis alwaysthehighestpriorityobjective.Section2-1to2-4. •Descriptionofeligibleinvestments:U.S.Treasuryandagencyobligations;StateofTexasand relatedobligations;certainmunicipalbonds;repurchaseagreements;CD’s;moneymarket mutualfunds;andlocalgovernmentinvestmentpools.Section4-1. •Approvalofinvestmentvendors:theCitymayonlydobusinesswithbroker-dealers,banks, andotherswhohavebeenreviewedandapprovedannuallybytheFinanceAdvisory Committee.Section4-2-1. •Diversificationofportfolio:Investmentholdingsmustremainwithincertainmaximum percentagesofthetotalportfolio.Section4-2-3. •Designationofinvestmentofficers:Onlyauthorizedindividualsmayconductinvestment transactionsfortheCity:DirectorofFinanceKentAustin;ControllerTomTvardzik;and Page 5 of 94 CityManagerBobLivingston. RECOMMENDATION: BothstaffandCommitteerecommendapprovaloftheenclosedinvestmentpolicy. ATTACHMENTS: DraftFinanceAdvisoryMtgMinutes06.07.12 Resolutionadoptinginvestmentpolicy007032012 Page 6 of 94 1 CITY OF UNIVERSITY PARK, TEXAS FINANCE ADVISORY COMMITTEE THURSDAY, JUNE 7, 2012 at 7:30 a.m. UNIVERSITY PARK CITY HALL SECOND FLOOR—CITY COUNCIL OVERFLOW ROOM M I N U T E S Attending: City representatives: Atwood, John Austin, Kent--Director of Finance Cinatl, Cynthia Coleman, Russ Groves, Irving Absent: Noble, Julie Gilbert, Gwen Reeder, Dotti Thompson, Brad Russell, Thomas Stuart, John–Chair Touchstone, Neill Wilson, Claude 1. Call to order. Chair John Stuart called the meeting to order at 7:35 a.m. and thanked Julie Noble for the fresh donuts. 2. Review and approve minutes of April 12, 2012, Committee meeting. Dotti Reeder moved approval of the April 12, 2012, Committee meeting minutes. Russ Coleman seconded, and the motion passed 10-0. 3. Review and make recommendation regarding City investment policy. Kent Austin provided a brief overview of the City’s investment policy. The Texas Public Funds Investment Act, or PFIA (Ch. 2256 of the Texas Government Code), requires that the policy be reviewed and renewed by the City Council each year. The Finance Advisory Committee reviews the policy and makes a recommendation regarding adoption to the Council. The policy was last approved by City Council resolution on June 21, 2011. In 2011, the State Legislature amended the PFIA via HB2226, and the City’s policy was modified accordingly. For 2012, staff is proposing no changes to the City’s investment policy, and because the Legislature is not in session until 2013, no amendments are needed as a result of State action. Discussion ensued. Committee members noted that section 1-3, “Scope,” included the following sentence: “This Investment Policy of the City of University Park shall include all investment activities of any fund of the City, except for the Firefighters’ Relief and Retirement Fund, which is covered by a separate policy.” To reinforce the position that the Page 7 of 94 2 FRRF is wholly separate from the City, the Committee proposed the following language: “This Investment Policy of the City of University Park shall include all investment activities of any fund of the City. The Firefighters’ Relief and Retirement Fund is not a City fund and is covered by a separate policy.” With this modification, the Committee recommended approval of the investment policy 10-0. 4. Follow up firefighter retirement fund discussion of 4/12/2012 and special meeting of 5/31/2012. John Stuart said that subgroup of the Finance Advisory Committee (himself, Russ Coleman, Gwen Gilbert, and Claude Wilson) met May 31st with City Attorney Rob Dillard and City staff members. Claude Wilson provided a recap of the meeting. Two problems exist when examining the relationship between the City and the Fund: 1) the unclear nature of the City’s liability for the Fund, and 2) how the Fund is reported, especially on the City’s audited financial statements. While no law or agreement exists that assigns City responsibility for the Fund, the City nonetheless is compelled by Generally Accepted Accounting Principles (GAAP) to include the FRRF in its audited financial statements. This creates the impression that the FRRF is part of the City. Further, proposed changes by the Governmental Accounting Standards Board (GASB) would require cities to place pension unfunded accrued liabilities on their balance sheet; currently, this is included in the footnotes section, and the net pension obligation (or asset) for the past year is included on the balance sheet. The Committee expressed support for Controller Tom Tvardzik’s sample disclaimer language, such as: “The FRRF is not part of the City’s reporting entity because the City does not have fiduciary responsibility for the FRRF assets, does not control the FRRF, nor is the FRRF fiscally dependent on the City, since the Board of Trustees has the ability to complete certain essential fiscal events (such as the determination of employee contribution rates) without approval by the City, and the Board is not appointed by the City Council.” Stuart said that overall, the Finance Advisory Committee objects to the inclusion of the FRRF in the City’s financial statements and continues to maintain that the City is not liable for the FRRF’s fiscal health. 5. Receive updates: A. Establishment of Library Construction Fund and Library Department Kent Austin said the Finance Department is setting up a new fund specifically to account for construction of the new City library in the five-story building in the Plaza at University Park. Proceeds from the Byrd Estate ($1,274,954) will be moved to the new fund, as will the $875,000 finish-out allowance negotiated with the developer. A new General Fund department is being established for library operations. For the library’s first year, a $600,000 budget is planned, with half the offsetting revenue provided by the City and half by the Friends of the Library. B. Status of water and wastewater rate study project Austin said he was drafting a Request for Proposals (RFP) to help select a consultant to Page 8 of 94 3 perform a water and wastewater rate study. He asked for volunteers to participate in a steering committee that would help select the consultant, provide input regarding the study, and recommend outcomes. John Atwood, Irving Groves, and Neill Touchstone agreed to participate. Austin said he plans to release the RFP by the end of June. C. Outlook for FY2013 budget Austin said FY2013 budget preparation was underway. He said property values are up 2% initially but that this will likely fall to about 0% once the tax base number is certified by DCAD in July. He said sales tax was running ahead of budget and ahead of last year. Austin distributed a one-page City Finance Strengths-Weaknesses-Opportunities- Threats (SWOT) Analysis chart, which was developed in preparation for City Council member briefings occurring that same day, June 7. The group suggested adding the word “potential” in front of Threat item number 4, “GASB accounting standard change to require pension liability on balance sheet.” 6. New business. There was no new business. 7. Schedule meeting dates for 2012-2013. Subject to change later, the 2012-2013 Committee meeting dates are: x August 9, 2012 x October 11, 2012 x December 13, 2012 x February 7, 2013 x April 11, 2013 x June 13, 2013 All meetings are Thursdays at 7:30 a.m. 8. Adjourn. The meeting adjourned at 8:44 a.m. _________________________________ ___________________________________ John Stuart, Chair Kent Austin, Director of Finance Page 9 of 94 S:\FINANCE\INVESTMENTS\Investment Policy\2012\Resolution Invest Policy 07-03-2012.doc RESOLUTION NO. _____________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE INVESTMENT POLICY OF THE CITY OF UNIVERSITY PARK HERETOFORE ADOPTED BY RESOLUTION NO. 11-03; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Funds Investment Act, as amended, requires the City to adopt an investment policy by rule, order, ordinance or resolution, and to review such policy not less than annually; and WHEREAS, the Public Funds Investment Act, as amended, requires the Treasurer, the Chief Financial Officer, and the Investment Officers of the City to attend investment training; and WHEREAS, the City of University Park approves of the investment training courses sponsored by the Texas Municipal League and other independent sources; and WHEREAS, the Treasurer, the Chief Financial Officer, and the Investment Officers of the City have attended investment training courses as required by the Public Funds Investment Act; and WHEREAS, the attached investment policy complies with the Public Funds Investment Act, as amended, and authorizes the investment of City funds in safe and prudent investments; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City of University Park has complied with the requirements of the Public Funds Investment Act, and the Investment Policy, as amended, attached hereto as Exhibit “A” is hereby adopted as the Investment Policy of the City of University Park, effective July 3, 2012. SECTION 2. That the following individuals are hereby designated as Investment Officers for the City of University Park: Kent Austin, Director of Finance; Bob Livingston, City Manager; and, Thomas Tvardzik, Controller. SECTION 3. This resolution shall take effect from and after its passage, and it is accordingly so resolved. Page 10 of 94 S:\FINANCE\INVESTMENTS\Investment Policy\2012\Resolution Invest Policy 07-03-2012.doc DULY PASSED AND APPROVED by the City Council of the City of University Park, Texas, on the 3rd day of July, 2012. APPROVED: __________________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: ___________________________________ __________________________________ CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY Page 11 of 94 City of University Park, Texas Investment Policy Effective July 3, 2012 Page 12 of 94 City of University Park, Texas - Investment Policy i CONTENTS Preface...............................................................................................................................1 1. PURPOSE 1. Authorization ........................................................................................................1 2. Goal .......................................................................................................................1 3. Scope .....................................................................................................................1 4. Review and Amendment .......................................................................................2 2. INVESTMENT OBJECTIVES 1. Preservation and Safety of Principal .....................................................................2 1. Credit Risk .......................................................................................................2 2. Interest Rate Risk .............................................................................................2 2. Maintenance of Adequate Liquidity .....................................................................3 3. Return on Investments ..........................................................................................3 4. Prudence and Ethical Standards ............................................................................3 3. INVESTMENT STRATEGY STATEMENT 1. Operating Funds ....................................................................................................4 2. Bond Debt Service Funds .....................................................................................4 3. Bond Reserve Funds .............................................................................................4 4. Capital Projects Funds ..........................................................................................5 4. SPECIFIC INVESTMENT POLICIES 1. Eligible Investments .............................................................................................5 1. Obligations of the United States ..................................................................5 2. Obligations of the State of Texas .................................................................5 3. Agencies of the United States and State of Texas .......................................5 4. Obligations of other States, Counties, Cities ...............................................5 5. Direct Repurchase Agreements ...................................................................5 6. Certificates of Deposit and CDARS ............................................................6 7. Share Certificates of state and federal Credit Unions ..................................6 8. Money Market Mutual Funds ......................................................................6 9. Local Government Investment Pools ...........................................................7 2. Ensuring Safety of Principal ...................................................................................7 1. Protection of Principal .................................................................................7 1. Approved Broker/Dealers/Financial Institutions/Depositories ..............7 Page 13 of 94 City of University Park, Texas - Investment Policy ii 2. Collateralization .....................................................................................8 3. Portfolio Diversification ........................................................................8 4. Limiting Maturity ..................................................................................9 2. Safekeeping .........................................................................................10 3. Effect of Loss of Required Rating ...............................................................10 3. Ensuring Liquidity ..............................................................................................10 4. Achieving Investment Return Objectives ...........................................................10 1. Securities Swaps ..........................................................................................10 2. Competitive Bidding ...................................................................................11 3. Methods of Monitoring Market Price ..........................................................11 4. Benchmark Rate of Return ..........................................................................11 5. Responsibility and Controls ................................................................................11 1. Authority to Invest.......................................................................................11 2. Bonding requirements/Standard of care ......................................................12 3. Establishment of Internal Controls ..............................................................12 4. Standard of Ethics .......................................................................................12 5. Training and Education ...............................................................................13 6. Investment Committee ................................................................................13 6. Reporting ............................................................................................................13 7. Compliance Audit and Accounting Method .......................................................14 8. Certification ........................................................................................................14 5. ADOPTING CLAUSE .................................................................................................15 ATTACHMENTS 1. Investment Vendor Acknowledgement 2. Broker-Dealer and Bank Questionnaires Page 14 of 94 City of University Park, Texas - Investment Policy 1 PREFACE The purpose of this document is to establish specific investment policy and strategy guidelines for the City of University Park, Texas (“City”) to achieve the goals of safety, liquidity, and yield for all investment activity. The City shall review its investment strategies and policy not less than annually. This policy serves to satisfy the statutory requirement, specifically the Public Funds Investment Act, Chapter 2256 of the Texas Government Code (the “Act”), to define, adopt and review a formal investment strategy and policy. All available funds shall be invested in conformance with these legal and administrative guidelines. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will be pursued to take advantage of investment interest as viable and material revenue to all operating and capital funds. The City’s portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and federal law. Investments shall be made with the primary considerations of: x Preservation of capital and protection of principal x Maintenance of sufficient liquidity to meet operating needs x Security of City funds and investments x Diversification of investments to avoid unreasonable or foreseeable risks x Maximization of return on the portfolio SECTION 1: PURPOSE 1-1. Authorization This Policy is authorized by the City Council in accordance with Section 5 of the Public Funds Investment Act (Chapter 2256, Texas Government Code), which requires the adoption of a formal written Investment Policy. 1-2. Goals The primary goal of the City of University Park’s Investment Policy shall be: 1) to ensure the safety of all funds entrusted to the City; 2) to maintain the availability of those funds for the payment of all necessary obligations of the City; and 3) to provide for the investment of all funds, not immediately required, in interest-bearing securities or pooled investment products. The safety of the principal invested shall always be the primary concern. 1-3. Scope This Investment Policy of the City of University Park shall include all investment activities of any fund of the City. The Firefighters’ Relief and Retirement Fund is not a City fund and is covered by a separate policy. In addition to this Policy, bond funds, including debt service and reserve funds, shall be managed by their governing resolution Page 15 of 94 City of University Park, Texas - Investment Policy 2 and federal law, including the Tax Reform Act of 1986 and subsequent legislation. City funds will be pooled for investment purposes. 1-4. Review and Amendment This Policy may be amended from time to time as the City Council may so desire or as State Law may require. This Policy, which includes strategies for each fund or pooled fund group, shall be adopted by resolution, rule, or ordinance by the City Council and shall be reviewed annually by the City Council. The fact that the Investment Policy has been reviewed and that any amendments have been made must be recorded by resolution, rule or ordinance. SECTION 2: INVESTMENT OBJECTIVES The City shall manage and invest its cash with four objectives, listed in order of priority: Preservation and Safety of Principal; Liquidity; Yield; and Prudence. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local Law. Cash management is defined as the process of managing monies in order to increase cash availability and interest earnings on short-term investment of idle cash. The City shall maintain a comprehensive cash management program that includes the prudent investment of available cash. 2-1. Preservation and Safety of Principal The primary objective of City investment activity is the preservation of principal in the overall portfolio. Each investment transaction shall be conducted in a manner designed to avoid principal losses, whether they are from securities defaults or erosion of market value. The manner in which the City ensures safety of principal is presented in Section 4.2, “Ensuring Safety of Principal.” 2-1-1 Credit Risk The City will minimize credit risk, which is the risk of loss due to the failure of the security issuer or backer by: a. Limiting investments to the types of securities listed in section 4-1 of this Investment Policy. b. Prequalifying the financial institutions, broker/dealers, intermediaries, and advisors with which the City will do business in accordance with Section 4-2- 1-1. c. Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. Page 16 of 94 City of University Park, Texas - Investment Policy 3 2-1-2 Interest Rate Risk The City will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: a. Structuring the portfolio so that securities mature to meet cash requirements for ongoing operations. b. Investing operating funds primarily in short-term securities, money market mutual funds, or similar investment pools and by limiting the average maturity of the portfolio in accordance with this policy. 2-2. Maintenance of Adequate Liquidity The City investment portfolio shall be structured so that the City is able to meet all obligations in a timely manner. Maintenance of adequate liquidity is described in Section 4.3, “Ensuring Liquidity.” 2-3. Return on Investments Consistent with State law, the City shall seek to optimize return on investments within the constraints of safety and liquidity. Investments (excluding assets managed under separate investment programs, such as in arbitrage restrictive programs) shall be made in permitted obligations at yields equal to or greater than the bond equivalent yield on United States Treasury obligations of comparable maturity. Other appropriate performance measures may be established by the Investment Committee. Specific policies regarding investment rate of return are presented in Section 4.4, “Achieving Investment Return Objectives.” For bond issues to which Federal yield or arbitrage restrictions apply, the primary objectives shall be to obtain satisfactory market yields and to minimize the costs associated with investment of such funds. 2-4. Prudence and Ethical Standards The standard of prudence used by the City shall be the “prudent person rule” and shall be applied in the context of managing the overall portfolio within the applicable legal constraints. The prudent person rule is restated below: “Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence would exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.” In determining whether the Investment Officer(s) or Investment Advisor under contract has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration the investment of all funds over which the Officer or Advisor had responsibility, rather than a consideration as to the prudence of a single Page 17 of 94 City of University Park, Texas - Investment Policy 4 investment, and whether the investment decision was consistent with the written Investment Policy of the City. The Investment Officers, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security’s credit risk or market price changes, provided that these deviations are reported immediately. Specific policies describing the City’s prudence and ethical standards are found in Section 4.5, “Responsibility and Controls.” SECTION 3: INVESTMENT STRATEGY STATEMENT The City maintains portfolios that utilize four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios. To maximize the effective investment of assets, all funds needed for general obligations may be pooled into one account for investment purposes. The income derived from this account will be distributed to the various funds based on their average balances on a periodic basis. Proceeds of bond issues shall not be pooled with other assets of the City, but shall be maintained in the fund issuing the bonds with interest earnings on these invested proceeds recorded directly to that fund. 3-1. Operating Funds The investment strategy for operating funds has as its primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high-quality short-to medium-term securities. The dollar weighted average maturity shall be calculated in accordance with GASB requirements. The weighted average maturity of operating funds shall not exceed 548 days. Securities may not be purchased that have a final stated maturity date that exceeds five (5) years. 3-2. Bond Debt Service Funds The investment strategy for bond debt service fund(s) has as its primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date that exceeds the next unfunded bond debt service payment date. 3-3. Bond Reserve Funds The investment strategy for bond reserve fund(s) has as its primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the Bond Ordinance specific to an individual issue, of short-to- intermediate-term maturities. The stated final maturity dates of securities held shall not exceed five (5) years. Page 18 of 94 City of University Park, Texas - Investment Policy 5 3-4. Capital Projects Funds The investment strategy for capital projects funds portfolios has as its primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. SECTION 4: SPECIFIC INVESTMENT POLICIES 4-1. Eligible Investments Investments described below are those authorized by the Public Funds Investment Act (Chapter 2256, Texas Government Code), as amended, which is made a part of this Policy. The following list may not contain all of those securities that are authorized by state statutes, but only those that the City Council wishes to include in their portfolios. The purchase of specific issues may at times be further restricted or prohibited because of current market conditions. City funds governed by this Policy may be invested in: 1. obligations of the United States or its agencies and instrumentalities; 2. direct obligations of the State of Texas or its agencies; 3. other obligations, the principal and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 4. obligations of states, agencies, counties, cities and other political subdivisions of any state having been rated of their own accord as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than AA or its equivalent, and with additional credit enhancement having received a rating of not less than AAA or its equivalent by a nationally recognized investment rating firm. 5. fully collateralized direct repurchase agreements: 1) having a defined termination date; 2) secured by a combination of cash and obligations described by subdivision 1 of this subsection: 3) having securities purchased by the City or cash held by the City pledged to the City, held in the City’s name and deposited at the time the investment is made with the City with a third party selected and approved by the City; and 4) placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in Texas, and having a market value (including accrued interest) of no less than the principal amount of the funds disbursed; Page 19 of 94 City of University Park, Texas - Investment Policy 6 6. a. certificates of deposit issued by a depository institution with a main office or branch in Texas that are: 1. guaranteed or insured by the Federal Deposit Insurance Corporation, or its successor; or, 2. secured by obligations that are described by 1 - 4 above, which are intended to include all direct federal agency or instrumentality issues that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City. b. made in accordance with the following conditions, commonly known as the Certificate of Deposit Account Registry Service (CDARS): 1. the funds are invested by the City through a broker that has its main office or a branch office in this state and is selected from a list adopted by the City or a depository institution (“bank”) that has its main office or a branch office in this state and that is selected by the City; 2. the broker or bank selected by the City under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the City; 3. the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and 4. the City appoints the bank selected by the City under Subdivision (1), an entity described by the Texas Public Funds Collateral Act (Texas Government Code 2257.041(d)) or a clearing broker-dealer registered with the Securities and Exchange Commission and operating pursuant to Securities and Exchange Commission Rule 15c3-3 917 C.F.R. Section 240.15c3-3) as custodian for the City with respect to the certificates of deposit issued for the account of the City. 7. share certificates issued by state and federal credit unions with a main office or branch in Texas that are: 1. guaranteed or insured by the National Credit Union Share Insurance Fund, or its successor; or, 2. secured by obligations that are described by 1 - 4 above, which are intended to include all direct federal agency or instrumentality issues that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City. 8. SEC-regulated, no-load money market mutual funds with a dollar-weighted average stated portfolio maturity of 90 days or less and whose investment objectives include seeking to maintain a stable net asset value of $1 per share. No more than 15% of the City’s average fund balance may be invested in money market mutual funds, and the City may not invest funds under its control in an amount that exceeds 10% of the total assets of any individual money market mutual fund. Page 20 of 94 City of University Park, Texas - Investment Policy 7 9. Local government investment pools organized in accordance with the Interlocal Cooperation Act (Chapter 791, Texas Government Act) as amended, whose assets consist exclusively of the obligations that are allowed as a direct investment for funds subject to the Public Funds Investment Act (Chapter 2256, Texas Government Code). A public funds investment pool must be continuously rated no lower than AAA, AAA-m or at an equivalent rating by at least one nationally recognized rating service. Eligible investment pools must be authorized by the City Council, by rule, order, ordinance, or resolution, as appropriate. The City Council has approved: 1) the Texas Local Government Investment Pool (“TexPool”), administered by the Texas State Comptroller; 2) the Texas Short Term Asset Reserve (“TexSTAR”); administered by JPMorgan Chase and First Southwest Asset Management; and 3) TexasTERM and TexasDaily, administered by PFM Asset Management LLC. Unless backed by the full faith and credit of the U.S. government, investments in collateralized mortgage obligations are strictly prohibited. These securities are also disallowed for collateral positions. The City will not be required to liquidate investments that were authorized investments at the time of purchase. 4-2. Ensuring Safety of Principal Ensuring safety is accomplished through protection of principal and safekeeping. 4-2-1 Protection of Principal The City shall seek to control the risk of loss due to the failure of a security issuer or guarantor by investing only in the safest types of securities as defined in the Policy. Settlement of all investment transactions, except those transactions involving investments in mutual funds or local government investment pools, must be made on a delivery versus payment (DVP) basis. The purchase of individual securities shall be executed DVP through the Federal Reserve System delivered to an authorized safekeeping agent or trustee (“custodian”). By so doing, City funds are not released until the City has received, through the Federal Reserve wire, the securities purchased. The security shall be held in the name of the City. The custodian’s records shall assure the notation of City ownership of or explicit claim on the securities. Additionally, the City shall adhere to the following practices to protect its investment principal: 4-2-1-1 Approved Broker/Dealers/Financial Institutions and Depositories Investments shall only be made with those firms and institutions who have acknowledged receipt and understanding of the City’s Investment Policy. The “qualified representative” of the business as defined in Chapter 2256 of the Texas Government Code shall execute a written certification to acknowledge receipt of the City’s Investment Policy and to acknowledge that the organization has implemented reasonable procedures and controls to preclude Page 21 of 94 City of University Park, Texas - Investment Policy 8 imprudent investment activities arising out of the investment transactions conducted between the entity and the City. Should the City contract with an external investment advisor to execute the investment strategy, including the negotiation and execution of investment transactions, a managing officer of the investment advisory firm may sign the written certification in lieu of the broker/dealer firms. This certification must be included as part of the investment advisory contract. Securities and certificates of deposit shall only be purchased from those institutions included on the City’s list of broker/dealers and financial institutions as approved by the Investment Committee. All securities dealers shall provide the City with references from other public entities that they are currently serving. This list of approved investment providers must be reviewed at least annually by the City’s Investment Committee and shall be recorded in the Committee’s meeting minutes. The City’s Finance Advisory Committee shall comprise the Investment Committee. All state and national banks located in the State of Texas, which are insured by the Federal Deposit Insurance Corporation (FDIC) are to be considered as eligible depositories. The financial condition of the bank shall be considered prior to establishing any accounts with that bank. The Finance Advisory Committee shall review the bids submitted by depository candidates and make a recommendation to the City Council for final approval. 4-2-1-2 Collateralization Consistent with the requirements of State law, the City requires all bank deposits (including time deposits) to be federally insured or collateralized with eligible securities. Financial institutions serving as City Depositories will be required to sign an Agreement with the City and its safekeeping agent for the collateral, perfecting the City’s rights to the collateral in case of default, bankruptcy or closure. The City shall not accept, as depository collateral, any security that is not specifically allowed to be held as a direct investment by the City portfolio (see 4-1). Repurchase agreements must also be collateralized in accordance with State law. Evidence of the pledged collateral shall be maintained by the Finance Director or a third party financial institution. All collateral shall be subject to inspection and audit by the Finance Director or the City independent auditors. 4-2-1-3 Maximum Exposure Guidelines Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations. As discussed below, these limitations do not apply to bond proceeds. Investment Type: % of Portfolio Page 22 of 94 City of University Park, Texas - Investment Policy 9 x U.S. Treasury Notes/Bonds/Bills 100% x U.S. Agencies 60% x Local Government Investment Pools 50% x Repurchase Agreements 30% x Certificates of Deposit 30% x Municipal Bonds 20% x Money Market Mutual Funds 15% It is the policy of the City to diversify its investment portfolio so that reliance on any one issuer or broker will not place an undue financial burden on the City. Generally, the City should limit its repurchase agreement exposure with a single firm to no more than 15% of the value of the City’s overall portfolio. To allow efficient and effective placement of proceeds from any bond sales, these limits may be exceeded for a maximum of five business days following the receipt of bond proceeds. Proceeds of a single bond issue may be invested in a single security or investment if the Investment Committee determines that such an investment is necessary to comply with Federal arbitrage restrictions or to facilitate arbitrage record keeping and calculation. 4-2-1-4 Limiting Maturity To minimize risk of loss due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the funds. For operating funds, the dollar weighted average days to final stated maturity shall be 548 days or less. The Investment Officer will monitor the maturity level and make changes as appropriate. For bond funds, the investment maturity of bond proceeds (including reserves and debt service funds) shall be determined considering: 1) the anticipated cash flow requirements of the funds, and; 2) the “temporary period” as defined by Federal tax law during which time bond proceeds may be invested at an unrestricted yield. After the expiration of the temporary period, bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the funds. The City shall have a goal of maintaining a minimum of ten percent of the portfolio maturing within thirty days, and twenty-five percent under one year. Under 30 days 10% minimum Under 1 year 25% minimum Under 3 years 85% minimum Five years maximum single investment Reserve funds and other funds with longer-term investment horizons may be invested in securities exceeding three years if maturities of such investments are made to coincide as nearly as practical with the expected use of fund. The Page 23 of 94 City of University Park, Texas - Investment Policy 10 intent to invest in securities with longer maturities shall be disclosed in writing to the City Council 4-2-2 Safekeeping The City shall contract with a bank or banks for the safekeeping of securities either owned by the City as a part of its investment portfolio or held as collateral to secure certificates of deposits or repurchase agreements. The Safekeeping Agreement shall clearly define the procedural steps for gaining access to the collateral should the City determine that the City funds are in jeopardy. The safekeeping institution, or Trustee, shall hold all aforementioned securities in an account at the Federal Reserve Bank that specifies City ownership of the account. The Safekeeping Agreement shall include the signatures of authorized representatives of the City, the firm pledging the collateral and the Trustee. The City shall request from the safekeeping institution a copy of its most recent report on internal controls (Statement of Auditing Standards 70, or SAS 70). 4-2-3 Effect of Loss of Required Rating If a holding’s credit quality rating falls below the minimum required, the City shall take all prudent measures that are consistent with its investment policy to liquidate the holding. City staff will periodically review the credit quality rating of instruments in the City portfolio using rating agency online resources or other media reporting these changes. 4-3. Ensuring Liquidity Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements, by investing in securities with active secondary markets, and by investing in eligible money market mutual funds (MMMF’s) and local government investment pools (LGIP’s). A security may be liquidated to meet unanticipated cash requirements, to re-deploy cash into other investments expected to outperform current holdings, or to otherwise adjust the portfolio. 4-4. Achieving Investment Return Objectives Investment selection for all funds shall be based on legality, appropriateness, liquidity, and risk/return considerations. Although the City will adopt a “buy and hold” approach, at times the portfolios may be actively managed to enhance overall interest income. Active management will take place within the context of the “Prudent Person Rule.” (see Section 2.4). 4-4-1 Securities Swaps The City may take advantage of security swap opportunities to improve portfolio yield. A swap which improves portfolio yield may be selected even if the transaction results in an accounting loss. 4-4-2 Competitive Bidding Page 24 of 94 City of University Park, Texas - Investment Policy 11 It is the policy of the City to require competitive bidding for all individual security purchases except for those transactions with money market mutual funds (MMMFs) and local government investment pools (LGIP’s) which are deemed to be made at prevailing market rates, and for government securities purchased at issue through a primary dealer at auction price. Rather than relying solely on yield, investment in MMMFs and LGIP’s shall be based on criteria determined by the Investment Committee, including adherence to Securities and Exchange Commission (SEC) guidelines for MMMFs when appropriate. At least three bidders must be contacted in all transactions involving individual securities. Competitive bidding for security swaps is also required. Bids may be solicited in any manner provided by law. For those situations where it may be impractical or unreasonable to receive three bids for a transaction due to a rapidly changing market environment or to secondary market availability, documentation of a competitive market survey of comparable securities or an explanation of the specific circumstance must be included with the transaction bid sheet. All bids received must be documented and filed for auditing purposes. 4-4-3 Methods of Monitoring Market Price The methods/sources to be used to monitor the price of investments that have been acquired with public funds shall be from sources deemed reliable by the Investment Officer, including primary or regional broker/dealers, established financial institutions providing portfolio management/accounting services, third-party safekeeping reports, financial publications such as the Wall Street Journal, market information vendors such as Bloomberg or Telerate, and market pricing services. 4-4-4 Benchmark Rate of Return As a general guideline, the City’s cash management portfolio shall be designed with the objective of regularly meeting the average return on three-month U.S. Treasury Bills, or the average rate of 90-day Certificates of Deposit. These indices are considered benchmarks for risk-free investment transactions and therefore comprise a standard for the portfolio’s rate of return. Additional benchmarks may be developed and recommended by the Investment Committee and used as a comparative performance measures for the portfolio. Additional benchmarks that may be considered for targeting by the Investment Committee include the Constant Maturity Treasury Bill with the maturity that most closely matches the weighted average maturity of the portfolio or a more customized index made up of blended Merrill Lynch Treasury/Agency indices. The investment program shall seek to augment rates of return above this threshold, consistent with legal restrictions and prudent investment principles. In a diversified portfolio, measured losses are inevitable and must be considered within the context of the overall portfolio. 4-5. Responsibility and Control 4-5-1 Authority to Invest Authority to manage the City investment program is derived from a resolution of the City. Those authorized by said resolution are designated as Investment Officers Page 25 of 94 City of University Park, Texas - Investment Policy 12 of the City, and, in conjunction with the Investment Committee, are responsible for investment decisions and activities. All investment transactions must be acknowledged by a second investment officer besides the one who initiated the transaction. All wire transfers must be approved by two investments officers. The City reserves the right to contract with an external investment advisory firm to manage the investment assets, and the resulting resolution will grant investment authorization to the contracted firm. The Finance Director shall establish written procedures for the operation of the investment program consistent with this Investment Policy. 4-5-2 Bonding requirements/Standard of care Each of the authorized investment officers shall be a bonded employee. All participants in the investment process shall act responsibly as custodians of the public trust and shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person’s own affairs. 4-5-3 Establishment of Internal Controls The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable assurance that the objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived, and (2) the valuation of costs and benefits requires estimates and judgments by management. 4-5-4 Standard of Ethics City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff shall disclose to the City any material interests in firms or businesses that conduct investment matters with the City, and they shall further disclose positions that could be related to the performance of the City portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to the timing of purchases and sales. An investment officer of the City who has a personal business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the City. 4-5-5 Training and Education In accordance with the Public Funds Investment Act (Chapter 2256, Texas Government Code), the designated Investment Officers, or those personnel Page 26 of 94 City of University Park, Texas - Investment Policy 13 authorized to execute investment transactions, must attend periodic investment training. State law requires that training relating to investment responsibilities must be provided by an independent source, such as the Texas Municipal League, North Central Texas Council of Governments, or the University of North Texas Center for Public Management, or as approved by the City Manager. Personnel authorized to execute or approve investment transactions must receive at least 10 hours of investment training for each two year period that begins on the first day of the City’s fiscal year and consists of the two consecutive fiscal years after that date. Newly appointed investment officers must attain at least 10 hours of instruction relating to the officer’s responsibility under the Act within 12 months after assuming investment duties. 4-5-6 Investment Committee An Investment Committee that is comprised of the membership of the Finance Advisory Committee shall be established to determine investment guidelines, general strategies, and monitor performance. The Committee shall meet quarterly to review performance, strategy, and procedures. The Investment Committee shall include in its deliberation such topics as: performance reports, economic outlook, portfolio diversification, maturity structure, potential risk to the City funds, authorized brokers and dealers, and the target rate of return on the investment portfolio. 4-6. Reporting Investment performance is continually monitored and evaluated by the Finance Director. The Investment Officer(s) will provide detailed reports, as required by the Public Funds Investment Act (Chapter 2256, Texas Government Code, Section 2256.023) for the City on a quarterly basis. The Finance Director shall submit a quarterly investment report signed by the investment officers. The report shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner which will allow the City to ascertain whether investment activities during the reporting period have conformed to the Investment Policy. The management summary shall: 1) summarize current market conditions, economic developments and anticipated investment conditions; 2) summarize investment strategies employed in the most recent quarter; 3) describe the portfolio in terms of investment securities, maturities, risk characteristics, and average return for the quarter; 4) outline conformance to the restrictions of the Policy in the area of diversification and term of maturity; 5) compare the performance of City’s portfolio to appropriate benchmarks as determined by the Investment Committee. Additionally, the quarterly financial report will include the following detailed information: 1. A listing of individual securities held at the end of the reporting period. Page 27 of 94 City of University Park, Texas - Investment Policy 14 2. Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and ending book and market value of securities for the period. 3. Additions and changes to the market value during the period. 4. Average weighted yield to maturity or total return performance of the portfolio on entity investments as compared to applicable benchmarks. 5. Listing of investments by maturity date. 6. The percentage of the total portfolio which each type of investment represents. 7. Statement of compliance of the City investment portfolio with State Law and the investment strategy and policy approved by the City. Within 60 days of the end of the fiscal year, the Finance Director or the Investment Advisory firm shall present an annual report on the investment program and investment activity. The report may be presented as a component of the fourth quarter report to the City. 4-7. Compliance Audit and Accounting Method In conjunction with its annual financial audit, the City shall perform a compliance audit of management controls on investments and adherence to the City’s established Investment Policies. The results of the audit shall be reported to the Investment Committee and the governing body of the City. The City shall comply with all required legal provisions and Generally Accepted Accounting Principles (GAAP) relating to investment accounting. The accounting principles are those contained in the pronouncement of authoritative bodies including but not necessarily limited to, the Governmental Accounting Standards Board (GASB), the American Institute of Certified Public Accountants (AICPA), and the Financial Accounting Standards Board (FASB). 4-8. Certification A copy of this Investment Policy will be provided to the senior management of any bank, dealer, broker, investment advisor, or safekeeping institution wishing to transact investment business directly with the City in order that it is apprised of the investment goals of the City. Before business is transacted with the firm, a certification (Attachment 1) must be signed by a senior member of a firm. Should the City contract with an external investment advisor to execute the entity’s investment strategy, including the negotiation and execution of investment transactions, a managing officer of the investment advisory firm may sign the written certification in lieu of the broker/dealer firms. This certification must be included as part of the investment advisory contract. Page 28 of 94 City of University Park, Texas - Investment Policy 15 SECTION 5: ADOPTING CLAUSE This Investment Policy for the City of University Park, Texas is hereby adopted as of the 3rd day of July, 2012. Mayor Director of Finance ATTEST: City Secretary Page 29 of 94 City of University Park, Texas - Investment Policy 16 ATTACHMENT 1 ACKNOWLEDGEMENTS Page 30 of 94 City of University Park, Texas - Investment Policy 17 TEXAS PUBLIC FUNDS INVESTMENT ACT ACKNOWLEDGMENTS These Acknowledgments are executed on behalf of the City of University Park, Texas (“Investor”) and _______________________(“Business Organization”) pursuant to the Public Funds Investment Act, Chapter 2256, Government Code, Texas Codes Annotated (the “Act”), in connection with investment transactions conducted between the Investor and the Business Organization. Acknowledgment by Investor The undersigned investment officer of the Investor (“Investment Officer”) hereby acknowledges, represents and agrees on behalf of the Investor that: (i) The Investment Officer (a) has been duly designated by official action of the governing body of the Investor to act as its Investment Officer pursuant to the Act, (b) is vested with full power and authority under the Act and other applicable law to engage in investment activities on behalf of the Investor, and (c) is duly authorized to execute this Acknowledgment on behalf of the Investor, (ii) Pursuant to the Act, the governing body of the Investor has duly adopted a written investment policy which complies with the Act, including an investment strategy (as the same may be amended, the “Investment Policy”), and the Investment Officer (a) has furnished a true and correct copy of the Investment Policy to the Business Organization and (b) will notify the Business Organization of any rescission of, or amendment to, the Investment Policy. The Business Organization shall be entitled to rely upon the most recent version of the Investment Policy furnished by the Investment Officer until provided with an amended version; (iii) Attached hereto is a list of investments that are authorized pursuant to the Investment Policy and that the Investment Officer understands may be available from the Business Organization. The attached list may be amended from time to time by mutual agreement of the Investor and the Business Organization, and (iv) In connection with any investment transaction between the Business Organization and the Investor, the Business Organization is not responsible for assuring compliance with those aspects of the Investment Policy over which the Business Organization has no control or knowledge, such as restrictions as to diversity and average maturity, or which require an interpretation of subjective investment standards. INVESTMENT OFFICER Kent R. Austin Director of Finance City of University Park, Texas Signature: Date: Page 31 of 94 City of University Park, Texas - Investment Policy 18 Acknowledgment by Business Organization I am a registered principal or authorized representative of _________________ (the “Firm”). The Firm is a registered dealer under the Securities Exchange Act of 1934 (the “Act”), and a member of the Financial Industry Regulatory Authority (“FINRA”). I have received a copy of the City of University Park (the “City”) investment policy dated ___. I have provided each current licensed member of the sales personnel who perform investment services for the City with a copy of your investment Policy and have instructed these professionals to familiarize themselves with the terms of the Policy. The Firm has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Firm and the City that are not authorized by the City’s investment policy, except to the extent that this authorization is dependent on an analysis of the composition of the entity’s entire portfolio. As a FINRA registered dealer, the Firm is subject to the rules of the Securities and Exchange Commission (the “SEC”) and the Rules of Fair Practices of FINRA. Those rules establish requirements for, among other things, net capital, reserves and custody of customer securities, and suitability of investment recommendations. Those rules also prohibit the use of fraudulent and deceptive practices. The Firm has extensive internal procedures to assist the firm in complying with the rules of the SEC, FINRA and other regulatory bodies having jurisdiction. The Firm’s compliance with these rules will be monitored by FINRA-licensed supervisory principals and its Compliance Department. This process is audited routinely by both internal and outside auditors. Signature:___________________________________ Name Title Date Page 32 of 94 City of University Park, Texas - Investment Policy 19 ATTACHMENT 2: BROKER-DEALER AND BANK QUESTIONNAIRES Page 33 of 94 City of University Park, Texas - Investment Policy 1 City of University Park, Texas BROKER/DEALER QUESTIONNAIRE 1. Name of Firm 2. Address (Local) (National Offices) 3. Telephone ( ) 4. Primary Representatives/Manager/Partner In-charge: Name Name Title Title Telephone Telephone 5. Are you a primary dealer in U.S. Government securities? [ ] Yes [ ] No 6. If so, for how long has your firm been a primary dealer? years 7. What was your firm's total volume in U.S. Government securities trading last year? Firmwide $ Number of transactions Your local office $ Number of transactions 8. Which instruments are offered regularly by your local desk? [ ] T-bills [ ] Agencies (specify) [ ] Instrumentalities [ ] Bank CDs [ ] S&L CDs [ ] Treasury notes/bonds [ ] BAs (domestic) [ ] BAs (foreign) [ ] Commercial paper [ ] Other (specify) 9. Identify all personnel who will be trading with or quoting securities to our government's employees. Name: Telephone Number: (Attach Resumes Of All The Above Persons) 10. Which of the above personnel have read our government investment policies? 11. Please identify our most directly comparable public sector clients in our geographical area. Entity: Contact Person: Telephone No.: Client Since: 12. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 13. Have any of your public sector clients ever reported to your firm, its officers or employees, orally or in writing, that they sustained a loss (in a single year) exceeding 10 percent of original purchase price on any individual security purchased through your firm? (Explain.) 14. Has your firm ever been subject to a regulatory or state/federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees ever been so investigated? (Explain.) Page 34 of 94 City of University Park, Texas - Investment Policy 2 15. Has a public sector client ever claimed, in writing, that your firm was responsible for investment losses? (Explain.) 16. Please include samples of research reports that your firm regularly provides to public sector clients. 17. Please explain your normal custody and delivery process. Who audits these fiduciary systems? 18. Please provide certified financial statements and other indicators regarding your firm's capitalization. 19. Describe the Capital line and trading limits that support/limit the office that would conduct business with our government. 20. What training would you provide to our employees and investment officers? 21. Has your firm consistently complied with the Federal Reserve Bank's capital adequacy guidelines? As of this date, does your firm comply with the guidelines? Has your capital position ever fallen short? By what factor (1.5, 2x, etc.) does your firm presently exceed the capital adequacy guideline's measure of risk? Include certified documentation of your capital adequacy as measured by the Federal Reserve standards. 22. Do you participate in the S.I.P.C. insurance program? If not, explain why. 23. What portfolio information do you require from your clients? 24. What reports, transactions, confirmations and paper trail will we receive? 25. Enclose a complete schedule of fees and charges for various transactions. 26. How many and what percentage of your transactions failed last month? Last year? 27. Describe the precautions taken by your firm to protect the interest of the public when dealing with governmental agencies as investors. 28. With whom are you doing business in the Dallas area? 29. Are you representing a parent corporation or a subsidiary of another corporation? If you are a subsidiary, will you furnish audited financial statements on your parent corporation as well as your subsidiary? 30. For all employees listed in part 9 above, please provide resumes for each and within each resume include the company names of former employers. 31. Provide banking references and include officer contact names and telephone numbers. 32. Do you give perfected security interest in securities under repurchase agreements? FINANCIAL RATIO CRITERIA 1. Growth in current assets and current liabilities must be parallel. 2. Total liabilities, as a multiple of equity, must be less than a ratio of 20:1. 3. The total of securities owned and securities purchased under agreement to resell (reverse repos) must be greater than the total of short-term loans and securities sold under agreements to repurchase (repos). 4. Equity, as a percentage of total assets, must be 5% or more. 5. Growth in retained earnings must exceed 7% for the last two years. 6. Equity growth must be parallel to asset and liability growth. 7. The auditor's opinion must be unqualified. Page 35 of 94 City of University Park, Texas - Investment Policy 3 City of University Park, Texas BANK QUESTIONNAIRE 1. Name of Bank 2. Address (Local) (National Offices) 3. Telephone 4. Primary Representatives/Managers: Name Name Title Title Telephone Telephone 5. Are you a primary dealer in U.S. Government securities? [ ] Yes [ ] No 6. If so, for how long has your firm been a primary dealer? Years 7. Please attach a list of comparable public sector clients in north Texas; include entity name, contact name, contact telephone number and email, and number of years as a client. 8. General banking information – please attach on separate sheet: x Financial statements for the past two fiscal years, with an unqualified opinion from a certified public accountant x Call reports for the last four quarters or credit rating information for senior and subordinate debt from a recognized credit rating agency x Rating information from recognized bank rating agencies x Proof of current standing as an eligible public depository x Capital ratios: tangible capital, core capital, and risk capital x Evidence of growth in current assets and current liabilities being parallel x Total liability to equity ratio (must be less than 20:1) x Equity as a percentage of assets (must be at least 5%) 9. Please attach a list of the names of the current and most immediate past Board of Directors. Page 36 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:KenIrvin,Sr.NetworkAdministrator SUBJECT:CONSIDERANDACT:onpurchaseofnetworkandsecurityequipment BACKGROUND: TheInformationServicesDepartmentcurrentlysupportsfourprimarydatacenterenvironmentsthat composethecoreoftheCity'snetworkinfrastructure.Theoldestnetworkswitchesaretenyearsold andsupportapproximatelyhalfofthedesktopcomputersinthenetwork.Thevendornolonger providessupportforanyofthesoftwareorhardwareinthisswitchingenvironment.Replacement partsareavailable,buttheleadtimeisgenerallyseveraldays. Theothercomponentofthisprojectisthepurchaseofanupdatednetworkfirewallproducttoreplace theexistingCiscoASA5510whichwaspurchasedin2006.Thenewdevicewillprovideadditional visibilityintoandcontrolofthesecurityofthenetwork. Toprovidethebestpricing,eachclassofequipmentwasbidseparately.Wereceivedfourbidsfor theBrocadeequipment.Thelowestbidprovidespromotionalpricingwhichallowsforthepurchase ofadditionaldevicesandcompletionoftheproject.Thetotalofthisbidwas$63,064.45fromCDW Government.WereceivedtwobidsforthePaloAltoFirewallandseveralNoBids.Thelowestof thereceivedbidsis$6,002.40fromM&STechnologies. RECOMMENDATION: Staffreccomendspurchaseoftheequipmenttoprovideforadditionalreliabilityandsecurityofthe City'snetworkinfrastructure. FUNDINGSOURCE: Project13800isinthecapitalprojectsbudgetforthecurrentfiscalyearandhasbeenreviewedand approvedbytheCapitalProjectsCommittee.Thebudgetforthisprojectis$75,000. Thefollowingisabreakdownofthebiddingresults: BrocadeSwitches: PaloAltoFirewall: CDW-GQuantity13@$3,807.69/ea $63,664.20 VologyQuantity10@$5,352.00/ea $66,983.60 InsightQuantity10@$5,475.00/ea $66,983.60 ARCQuantity10@$5,855.02/ea $72,157.06 Page 37 of 94 M&STechnology $6,002.40 CDW-G $6,086.66 Page 38 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GaryW.Adams,ChiefofPolice SUBJECT:CONSIDERANDACT:onYMCARequesttoConduct4thAnnualKidsTriathlon BACKGROUND: TheYMCAhasrequestedpermissiontousecitystreetsinandaroundtheneighborhoodsurrounding theYMCAtoconductthe"4thAnnualKidsTriathlon"onSunday,August5,2012,from7:00a.m.to 9:00a.m.Thetriathlonwillbeforchildrenages7to14andismanagedbyPlayTriRaceServices,a professionalorganizationthatconductssanctionedraces.Theracewillbeginwiththeswimming portionofthetriathlonattheYMCA,whichwillbefollowedbyabicycleraceandsubsequentfoot racethroughtheneighborhoodalongarouteapprovedbythepolicedepartment. TheYMCAplanstoadvertisethiseventinadvancebydistributingflyerstoallhomeownersalongthe routeoftheraceadvisingthemoftheevent.Inaddition,allneighborsalongtheroutewillbenotified byletteroneweekpriortoracedate.Thegrouprequestsbarricadesbesetupatthecornerof Normandy/St.AndrewsandConnerlyandtheyrequestpermissiontopaintarrows,withdissolvable contractors'paint,onthestreetroute. Policeassistancewillbeprovidedwithinreasonofthedepartment’savailablemanpower.Race plannersalsointendtohaveaprivateambulancestationedattheYMCAshouldonebeneeded. RECOMMENDATION: StaffrecommendsthattheCouncilapprovetheYMCA’srequesttousecitystreetsforthiseventwith thefollowingconditions: *thatonlytapebeusedonthestreettomakethearrowsfortheraceroute *thattheYMCAorPlayTriRaceServicesagreetohireatleasttwooff-dutypolice officerstoassistwithtrafficfortheeventandspecificallyattheUniversityBlvd crossing SincethetimeofthetriathlonwillbeveryearlyonaSundaymorning,thereshouldbenonegative affectonmanpowerortraffic. ATTACHMENTS: PCYMCARaceRequestLetter PCYMCARaceMap Page 39 of 94 Re: Kids Fitness Challenge/Triathlon May 29th, 2012 Dear Chief Adams: The Park Cities YMCA is requesting permission to sponsor a Kid Fitness Challenge/Triathlon on Sunday, August the 5th, 2012. This triathlon has been a tradition for the Park Cities area since 2008 and promotes healthy choices and challenges for youths in our area. The purpose of this race is to bring awareness, in a safe and fun way, to the importance of kids developing healthy lifestyles at an early age. This event, for kids aged 7 to 14, would be managed by PlayTri Race Services, a professional organization that conducts sanctioned races. The YMCA will advertise the event well in advance. We will distribute flyers to all homeowners along the route advising them of street closure times. I will be the person on call during this event, the number I may be reached is: 214-632-5265. The bicycle race and subsequent run will start and end at the Y, beginning at 7:00 a.m. and lasting approximately one hour. We are planning on using the same 3-mile course that was formulated and approved by the city council in past years and are hoping that this course will still meet your requirements and standards set forth (see the attached map). YMCA staff and volunteers will be posted all along the route for added safety precaution as well as EMT’s, and police support as required by the City Council in previous triathlons. In addition to center lane cones on the course, and barricading the corner of Normandy St. /Andrews and Connerly we request the permission to paint arrows (using dissolvable contractors’ paint) to further mark the course for the participants’ safety. Any permits and requirements from the city council will be met through PlayTri Race Services as the YMCA will honor and respect all requirements set forth by the City Council. As a key leader in our community, the Park Cities YMCA asks for City approval to host this annual event to partner with us in our endeavor in nurturing youth development, energizing healthy living and inspiring social responsibility. Respectfully submitted, In Health and Wellness, Dinah R. Burgess Wellness Director Park Cities YMCA 6000 Preston Rd. Dallas, TX 75205 214-526-7293 dburgess@ymcadallas.org Page 40 of 94 HILLCREST AVE NORMANDY AVE MCFARLIN BLVDMCFARLIN BLVD ROSEDALE AVE DANIEL AVEDANIEL AVE HIGH SCHOOL AVE KEY ST NORMANDY AVE GRASSMERE LN KEY ST WESTMINSTER AVE PRESTON PKWY DSOR PKWY SNIDER PLZ SHANNON LN MILTON ST TURTLE CREEK BLVD PRESTON RD ARLOS DR HOPE AVE DY AVE PRESTON RDWESTCHESTER DR W E S T C H E S T E R D R WESTMINSTER ST BOAZ LN GOLF DR HAYNIE AVE UNIVERSITY BLVD MCFARLIN BLVD DYER ST GRANADA AVE BINKLEY AVE GRANADA AVE POTOMAC AVE HUNTERS GLEN RD WESTWICK RD PARK ST N O R M A N DY A V E ST ANDRE WS D R WESTWICK RD C ONNERL Y DR ST ANDREWS DR LOVERS LN HYER ST EMERSON AVE UNIVERSITY BLVD GLENWICK LN DRUID LN WINDSOR AVE DOUGLAS AVE HUNTERS GLEN RD HIGH SCHOOL AVE PEYTON PKWY ATHENS ST RANKIN ST HURSEY ST DICKENS AVE UNIVERSITY BLVD MCFARLIN BLVD BRENTWOOD ST BINKLEY AVE LOVERS LNLOVERS LN G O L F D R VA SSAR DR LOVERS LN LOVERSLANECIR T U R T L E C R EE K BLV D ST ANDREWS DRD OUGLAS A V E SHANNON LN OAH ST SHENANDOAH ST TH A C K E R Y S T RANKIN ST VASSAR DR WILLIAMS PKWY TURTLE CREEK LN MILTON ST ASBURY STASBURY ST HAYNIE AVE MT VERNON AVE HILLCREST AVE 65 0 0 61 0 0 64 0 0 71 0 0 3600 63 0 0 3400 6 10 0 62 0 0 60 0 0 70 0 0 64 0 0 6700 6900 3900 4100 3700 7 0 0 0 6400 4100 4100 4100 3400 3700 3600 3300 3600 35003600 3500 3300 3900 4100 39004000 4200 4100 4100 4100 4100 6800 3400 3900 3800 3500 60 00 4100 3400 4000 5900 4000 3600 4200 3600 3500 4100 3900 3500 3600 3600 3900 4000 3800 3700 6700 3800 3300 3400 3400 3400 3400 3400 3500 68 0 0 70 0 0 6600 69 0 0 61 0 0 69 0 0 3400 3400 70 0 0 70 0 0 3300 4200 3300 35003700 4000 3500 6 7 0 0 59 0 0 60 0 0 62 0 0 63 0 0 65 0 0 66 0 0 66 0 0 67 0 0 68 0 0 69 0 0 70 0 0 66 0 0 62 0 0 6 80 0 6900 61 0 0 65 0 0 71 0 0 64 0 0 60 0 0 62 0 0 63 0 0 64 0 0 65 0 0 68 0 0 70 0 0 4200 4200 4000 3300 6900 4200 4200 3500 3400 34003700 3800 City of University Park - 2012 YMCA 5K The City of University Park strives to provide timely, accurate data, but does not make any guarantee of accuracy. This data is continually under review and therefore subject to change without notice. Use of the information is the sole responsibility of the user. File: YMCA_5K Legend: YMCA_08Feb_V1 Rev: 1.0 2/19/08 Legend 2008 YMCA 5K CITY HALL/ FIRE DEPT HPISD SCHOOLS PARKS WATER WAYS Page 41 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks SUBJECT:CONSIDERANDACT:onanordinanceprovidingadefinitionforadriveway BACKGROUND: Vehiclesfrequentlyparkalongresidentialstreetsblocking,orpartiallyblockingdriveways.The PoliceDepartmenthasdifficultyissuingcitations,becauseofinconsistentinterpretationofthelimits ofadriveway.TheattachedordinanceprovidesforadefinedareaofNoParkingthatwillallow betteringress/egresstothedriveway. RECOMMENDATION: StaffrecommendsCityCouncilapprovaloftheordinance. ATTACHMENTS: ORDINANCE ExhibitA Page 42 of 94 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SECTION 12.05.003 (a) (4) OF THE CODE OF ORDINANCES BY ADOPTING A DEFINITION OF DRIVEWAY; PROHIBITING PARKING IN A MARKED AREA OR IN FRONT OF A DRIVEWAY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Transportation Code prohibits parking a vehicle in front of a driveway, but fails to provide a full definition of “driveway”; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The Code of Ordinances, City of University Park, Texas, is hereby amended by amending Section 12.05.003 (a) (4) to read as follows: “Sec. 12.05.003 Prohibited parking (a) Parking on streets generally … (4) Parking in Front of or Adjacent to a Driveway. The parking of a vehicle adjacent to an area of a public street which is painted yellow and marked “No Parking” is prohibited. An operator may not stand or park an occupied or unoccupied vehicle in front of a public or private driveway. In this section “driveway” shall mean an improved surface which provides vehicular ingress and egress from and to an adjacent street or alley and which is connected to the street or alley by a drive approach. “Driveway” shall include the area of the drive approach or alley approach between the paved portion of the street or alley and the edge of the public right-of-way. The area included in a “driveway” is illustrated in Exhibit “A” below. If any part of a vehicle is adjacent to the painted area, or between the street or alley and the adjacent public or private property, or in front of the driveway, it is in violation of this section.” SECTION 2. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance or the Page 43 of 94 Code of Ordinances as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional. SECTION 3. All ordinances in conflict with the provisions of this ordinance or the Code of Ordinances, as amended hereby, are repealed. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, 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 to exceed the sum of two hundred dollars ($200.00) for each offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of ________ 2012. APPROVED: ___________________________ W. RICHARD DAVIS, MAYOR ATTEST: ______________________________________ ELIZABETH SPECTOR, CITY SECRETARY APPROVED AS TO FORM: ______________________________ City Attorney (RLD, 5/30/12, 55665) Page 44 of 94 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SECTION 12.05.003 (a) (4) OF THE CODE OF ORDINANCES BY ADOPTING A DEFINITION OF DRIVEWAY; PROHIBITING PARKING IN A MARKED AREA OR IN FRONT OF A DRIVEWAY; PROVIDING FOR THE REPAEL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Duly passed by the City Council of the City of University Park, Texas, on the ____ day of __________ 2012. APPROVED: ________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ________________________________ ELIZABETH SPECTOR, CITY SECRETARY Page 45 of 94 Page 46 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks SUBJECT:CONSIDERANDACT:onanaddendumtotheengineeringcontractwithC-P Engineeringforwaterandsanitarysewerimprovementsatvariouslocations BACKGROUND: AttheMarch23,2010meeting,theCityCouncilawardedacontracttoC-PEngineeringinthe amountof$159,860fordesignofaUP-HPsharedwaterandsanitarysewerimprovementprojectin thePotomac-SanCarlosalley,westfromPrestonRoadtoArmstrong.Plansandspecificationsare currentlyunderreviewbytheCityandtheTown.Acommentfromourengineeringstaff recommendsthereplacementofa4"watermainalongStAndrews,westfromNormandytoPreston. Wedidnotasktheconsultanttoincludethatworkintheoriginalscopeofservices.Becauseof sewerreplacementalongthesameroute,itisprudenttoreplaceandupsizethewatermainaspartof thesameconstruction.SincetwoutilitytrencheswouldnowbedugalongStAndrews,we'veasked theconsultant'sdesigntoincorporatenewstreetpavementeastofPreston. Thecostfortheadditionalengineering,includingmodifyingexistingplansheetsis$14,112.Funds fortheincreaseareavailableintheCapitalProjectFund.TheaddendumtotheC-PEngineering contractwouldincreasethetotalfeeto$173,972. RECOMMENDATION: StaffrecommendsCityCouncilapprovalofanaddendumtotheC-PEngineeringcontractinthe amountof$14,112. FUNDINGSOURCE: CAPITALPROJECTSFUND AcctNo42.42.4430 ProjectNo:47030.2100 ATTACHMENTS: ADDENDUM PROJECTSITEPLAN ADDENDUMSITEPLAN Page 47 of 94 C & P ENGINEERING, LTD. 1801 GATEWAY~SUITE 101 RICHARDSON, TEXAS 75080 972.644.2800 * FAX 972.644.2817 ENGINEERING / SURVEYING PROPOSAL CLIENT UNIVERSITY PARK PAGE 1 PROJECT UP/HP PROJECT DATE 6/25/2012 ADDENDUM #1 BY MJC #09043 DESCRIPTION AMOUNT APRELIMINARY 1,088.00$ BDESIGN SURVEY 4,870.00$ CADDITIONAL PLANS 6,282.00$ DADDITIONAL TAKE OFF 1,572.00$ Subtotal 13,812.00$ PRINTS, PLOTS, DELIVERIES 300.00$ TOTAL 14,112.00$ COMMENTS & ASSUMPTIONS: 1PRINTS, PLOTS, DELIVERIES AND REPRODUCTIONS ARE ADDITIONAL. COST GIVEN IS ESTIMATED. Page 48 of 94 C & P ENGINEERING, LTD. 1801 GATEWAY~SUITE 101 RICHARDSON, TEXAS 75080 972.644.2800 * FAX 972.644.2817 ENGINEERING / SURVEYING PROPOSAL CLIENT UNIVERSITY PARK PAGE 2 PROJECT UP/HP PROJECT DATE 6/25/2012 ADDENDUM #1 BY MJC #09043 ITEM DESCRIPTION QTYUNITPRICEAMOUNT APRELIMINARY 1,088.00$ SENIOR P.E.5HR 150.00$ 750.00$ DESIGN ENGINEER 1HR 128.00$ 128.00$ R.P.L.S..1HR 110.00$ 110.00$ CIVIL TECH, I 0HR 90.00$ -$ SECRETARY 2HR 50.00$ 100.00$ SURVEY CREW 0HR 150.00$ -$ BDESIGN SURVEY 4,870.00$ SENIOR P.E.1HR 150.00$ 150.00$ DESIGN ENGINEER 0HR 128.00$ -$ R.P.L.S..8HR 110.00$ 880.00$ CIVIL TECH, I 16HR 90.00$ 1,440.00$ SECRETARY 0HR 50.00$ -$ SURVEY CREW 16HR 150.00$ 2,400.00$ CADDITIONAL PLANS 6,282.00$ SENIOR P.E.7HR 150.00$ 1,050.00$ DESIGN ENGINEER 24HR 128.00$ 3,072.00$ R.P.L.S..0HR 110.00$ -$ CIVIL TECH, I 24HR 90.00$ 2,160.00$ SECRETARY 0HR 50.00$ -$ SURVEY CREW 0HR 150.00$ -$ Page 49 of 94 C & P ENGINEERING, LTD. 1801 GATEWAY~SUITE 101 RICHARDSON, TEXAS 75080 972.644.2800 * FAX 972.644.2817 ENGINEERING / SURVEYING PROPOSAL CLIENT UNIVERSITY PARK PAGE 3 PROJECT UP/HP PROJECT DATE 6/25/2012 ADDENDUM #1 BY MJC #09043 ITEM DESCRIPTION QTYUNITPRICEAMOUNT DADDITIONAL TAKE OFF 1,572.00$ SENIOR P.E.4HR 150.00$ 600.00$ DESIGN ENGINEER 4HR 128.00$ 512.00$ R.P.L.S..0HR 110.00$ -$ CIVIL TECH, I 4HR 90.00$ 360.00$ SECRETARY 2HR 50.00$ 100.00$ SURVEY CREW 0HR 150.00$ -$ Page 50 of 94 contract plans LS cost per documents sets sheets cost sheet costs work 1 300.00$ city review ~ plans 060 2.00$ city review ~ bid documents 0 30.00$ city final ~ plans 060 2.00$ city final ~ bid documents 0 30.00$ contractor ~ plans 060 2.00$ contractor ~ bid documents 0 30.00$ as-builts 060 2.00$ 25.00$ deliveries 0 30.00$ Page 51 of 94 CD TOTALS 300.00$ -$ -$ -$ -$ -$ -$ 1-$ -$ 300.00$ Page 52 of 94 U:\Sanitary\HP-UP-SEW.dgn 3/16/2010 2:27:52 PM Page 24 of 125 Page 53 of 94 PROPOSED WATER MAIN REPLACEMENT Page 54 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks SUBJECT:CONSIDERANDACT:onfinalpaymenttoCPS-CivilContractorsforinstallationof water,sanitarysewer,andpavementimprovementsatvariouslocations BACKGROUND: AttheAugust23,2011meeting,theCityCouncilapprovedacontractwithCPS-Civilintheamount of$530,775forreconstructionofwater,sanitarysewer,andalley/streetpavementinthefollowing locations: *Shannon-Windsoralley,westfromShannontoWestwick; *Westwick,southfromtheShannon-WindsoralleytoStAndrews; Thecontractorcompletedworkontheprojectinaccordancewiththeplansandspecifications,andthe City'sEngineeringDivisionstaffhasacceptedthework.Basedonmeasuredquantities,including certainfieldadjustments,thefinalcostoftheircontractis$536,039.40(anincreasetothecontractof $5,264.40,or0.95%).Thecontractorhasbeenpaid$502,431.35forthework,andstaffbringsthe finalpaymenttotheCityCouncilforauthorization.Thefinalpaymentamountsto$33,608.05,and fundsareavailableintheCapitalProjectsFund. RECOMMENDATION: StaffrecommendsCityCouncilapprovaloffinalpaymenttoCPS-Civilintheamountof$33,608.05. FUNDINGSOURCE: CAPITALPROJECTSFUND AcctNo42.42.4430 ProjectNo49150.2300 Page 55 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:LizSpector,CitySecretary SUBJECT:CONSIDERANDACT:onminutesoftheJune19,2012CityCouncilMeeting BACKGROUND: DraftminutesoftheJune19,2012CityCouncilMeetingareincludedfortheCouncil'sreview. ATTACHMENTS: DraftCCminutes06.19.2012 Page 56 of 94 0,187(6$*(1'$ &,7<&281&,/0((7,1*&,7<2)81,9(56,7<3$5.7(;$6&281&,/&+$0%(5±&,7<+$// 78(6'$<-81(30 3:46 - 4:09 P.M. UNDER TEXAS GOVERNMENT CODE 551.072 THE COUNCIL CONVENED INTO CLOSED EXECUTIVE SESSION TO DELIBERATE THE VALUE OF REAL PROPERTY, I.E. ALLEY EASEMENT ADJACENT TO LEGACY HILLCREST PROPERTIES. NO ACTION WAS TAKEN. EXECUTIVE CONFERENCE ROOM, 1ST FLOOR, CITY HALL. 3UHVHQWDWWKH([HFXWLYH6HVVLRQZHUH0D\RU'DYLV&RXQFLOPHPEHUV%HJHUW0RRUHDQG6WHZDUW&LW\$WWRUQH\5RE'LOODUG&LW\0DQDJHU%RE/LYLQJVWRQDQG&LW\6HFUHWDU\/L]6SHFWRU$OVRSUHVHQWZHUHVWDIIPHPEHUV%XG6PDOOZRRG5REELH&RUGHU-DFRE6SHHU6WHYH0DFHDQG*HRUJH(UWOH  4:15 - 5:00 P.M. THE COUNCIL MET IN OPEN WORK SESSION TO RECEIVE AGENDA ITEM BRIEFINGS FROM STAFF. NO ACTION WAS TAKEN. CITY COUNCIL CONFERENCE ROOM, 2ND FLOOR, CITY HALL. 3XEOLF:RUNV'LUHFWRU%XG6PDOOZRRGGLVFXVVHGWKHUHTXHVWWRHQDFWD1R3DUNLQJ]RQHDWWKHQRUWKZHVWFRUQHURI+D\QLHDQG*ROI+HVDLGWKHDUHDDEXWWHGWKH&LW\¶VHPSOR\HHSDUNLQJORWDQGZRXOGLPSURYHVLJKWOLQHVH[LWLQJWKHORW3XUFKDVLQJ$JHQW&KULVWLQH*UHHQGLVFXVVHGWKHELGVWKDWZHUHVXEPLWWHGIRULQWHULRUILQLVKRXWRI WKH8QLYHUVLW\3DUN3XEOLF/LEUDU\6KHPHQWLRQHGWKDWWKHELGVZHUHIRUGU\ZDOOSOXPELQJSDLQWLQJ+9$&HWFDQGFDPHLQVRPHZKDWORZHUWKDQDQWLFLSDWHGDW&RPPXQLW\'HYHORSPHQW'LUHFWRU5REELH&RUGHUGLVFXVVHGWKH&LW\¶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¶V%RDUGRI$GMXVWPHQWDGGUHVVHGWKH&RXQFLO+HVXJJHVWHGWKDWSURSHUW\RZQHUVVKRXOGEHDEOHWRXVHWKHLUHQWLUHORWVDVSODWWHG+HVDLGWKHUHTXLUHPHQWGLVFULPLQDWHVDJDLQVWKRPHRZQHUVE\FRQWUROOLQJZKHUHDSURSHUW\RZQHUFDQ SODFHDIHQFHRQWKHLURZQSURSHUW\DQGFRXOGEHFRQVLGHUHGDWDNLQJ0U-DFNVRQDOVRVWDWHGWKDWZKHUHDOOH\VDUHPRUHQDUURZWKH&LW\FXUUHQWO\XVHVVPDOOHUVDQLWDWLRQWUXFNVVRWKHVHWEDFNUHTXLUHPHQWLVQ¶WQHFHVVDU\  7KH&LW\&RXQFLO0HHWLQJZDVFDOOHGLQWRVHVVLRQDWSPL QWKH&RXQFLO&KDPEHUDW&LW\+DOO 3UHVHQWZHUH&RXQFLOPHPEHU6WHZDUW0D\RU'DYLV&RXQFLOPHPEHU0RRUHDQG&RXQFLOPHPEHU I.CALL TO ORDER Page 57 of 94 %HJHUW$OVRLQDWWHQGDQFHZHUH&LW\0DQDJHU/LYLQJVWRQDQG&LW\$WWRUQH\'LOODUG &RXQFLOPHPEHU&ODUNZDVH[FXVHG     &LW\0DQDJHU/LYLQJVWRQLQWURGXFHG'LUHFWRURI)LQDQFH.HQW$XVWLQ3XUFKDVLQJ$JHQW&KULVWLQH*UHHQ'LUHFWRURI&RPPXQLW\'HYHORSPHQW5REELH&RUGHU$VVLVWDQW3XEOLF:RUNV'LUHFWRU-DFRE6SHHU'LUHFWRURI3DUNV*HUU\%UDGOH\)LUH&KLHI5DQG\+RZHOO3ROLFH&KLHI*DU\$GDPV'LUHFWRURI3XEOLF:RUNV%XG6PDOOZRRG$VVLVWDQWWRWKH&LW\ 0DQDJHU*HRUJH(UWOH&LW\6HFUHWDU\/L]6SHFWRU'LUHFWRURI,QIRUPDWLRQ6HUYLFHV-LP&ULVZHOODQG&RPPXQLW\,QIRUPDWLRQ2IILFHU6WHYH0DFH 0D\RU'DYLVDVNHGWKH%R\6FRXWVZKRZHUHDWWHQGLQJWKHPHHWLQJWRDGGUHVVWKH&RXQFLO7KHVFRXWVLQFOXGHG:LOOLDP1HXKRII7URRSZRUNLQJRQKLV&RPPXQLFDWLRQVPHULWEDGJHDQG-DFN1HXKRII7URRSDOVRZRUNLQJRQKLV&RPPXQLF DWLRQVPHULWEDGJH   ORDINANCE NO. 12/13 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING AT ANY TIME ON THE WEST SIDE OF GOLF DRIVE FROM HAYNIE AVENUE NORTH 230 FEET, AND ON THE NORTH SIDE OF HAYNIE AVENUE FROM GOLF DRIVE 205 FEET WEST; PROVIDING FOR THE ERECTION OF SIGNS; 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.  RESOLUTION NO. 12/07 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS AFFIRMING AN AGREEMENT WITH THE MUNICIPALITIES OF ADDISON, HIGHLAND PARK AND RICHARDSON REGARDING THE SELECTION PROCESS FOR A SHARED MEMBER TO THE DALLAS AREA RAPID TRANSIT BOARD OF DIRECTORS; APPROVING GARY SLAGEL AS THE CITY’S CANDIDATE FOR BOARD MEMBER; AND PROVIDING AN EFFECTIVE DATE. $,192&$7,21&LW\$WWRUQH\5REHUW/'LOODUG,,, %3/('*(2)$//(*,$1&(&LW\$WWRUQH\5REHUW/'LOODUG,,,%R\6FRXWV &,1752'8&7,212)&281&,/0D\RU:5LFKDUG'DYLV ',1752'8&7,212)67$))&LW\0DQDJHU%RE/LYLQJVWRQ II.CONSENT AGENDA $&216,'(5$1'$&7RQDQRUGLQDQFHHVWDEOLVKLQJ123$5.,1*$1<7,0(RQWKH QRUWKZHVWFRUQHURI+D\QLH$YHDQG*ROI'ULYH &&216,'(5$1'$&7RQDUHVROXWLRQUHDSSRLQWLQJ*DU\$6ODJHODVWKH&LW\¶VVKDUHGUHSUHVHQWDWLYHRQWKH'$57%RDUGRI'LUHFWRUV Page 58 of 94  7KHUHZHUHQRUHTXHVWVWRLQGLYLGXDOO\FRQVLGHU DQ\LWHPDQG0D\RU'DYLVDVNHGIRUDPRWLRQ &RXQFLOPHPEHU%HJHUWPDGHDPRWLRQWRDSSURYHWKH&RQVHQW$JHQGD&RXQFLOPHPEHU6WHZDUWVHFRQGHGDQGWKHPRWLRQFDUULHGXQDQLPRXVO\   Editor’s Note: At the June 5, 2012 Council Meeting, Director of Public Works Bud Smallwood introduced this item. He stated Legacy Hillcrest is developing plans for the bank building and parking lot that work with existing zoning and they have requested that the City abandon the alley right-of-way bisecting their two properties. He said Legacy Hillcrest has proposed to use the alley in their construction of an ADA ramp for rear access to the building. At that previous meeting, additional information was provided by the applicant to the Council and Councilmember Stewart requested the item be reconsidered at the next meeting to allow time for further study. &RXQFLOPHPEHU6WHZDUWVWDWHGWKDWKHKDGVWXGLHGWKHDGGLWLRQDOLQIRUPDWLRQSURYLGHGWRWKH&RXQFLODWWKHSUHYLRXVPHHWLQJDQGKHVDLGKHKDGDOVRYLVLWHGWKHVLWHWRYLHZWKHVLGHZDONJUDGHV&RXQFLOPHPEHU6WHZDUWVDLGWKHRYHUULGLQJTXHVWLRQLVZKHQGRHVLWEHFRPHDSSURSULDWHWRJLYHXSSXEOLFSURSHUW\WRDSULYDWHXVH"+HVDLGWKH&RXQFLOPXVWYLHZDQ\VXFKDEDQGRQPHQWZLWKWKHVWLSXODWLRQWKDWLWEHQHILWVWKHSXEOLF&RXQFLOPHPEHU6WHZDUW VDLGDIWHUKLVIXUWKHUVWXG\KHGRHVQ¶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age 59 of 94 &RXQFLOPHPEHU0RRUHPDGHDPRWLRQWRDZDUGWKHELGVIRULQWHULRUILQLVKRXWRIWKH8QLYHUVLW\3DUN3XEOLF/LEUDU\&RXQFLOPHPEHU%HJHUWVHFRQGHGDQGWKHPRWLRQFDUULHG XQDQLPRXVO\ 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DQGWKH&LW\&RXQFLO+HVDLGWKH&LW\&RXQFLOFRXOGDOVRFKRRVHWRVWXG\WKHLVVXHDQGGHWHUPLQHLIWKH\IHOWUHLQVWDWHPHQWZDVEHVWRUWKH\FRXOGRSWWROHDYHWKHVHFWLRQUHSHDOHG0U&RUGHUVDLGOHDYLQJWKHVHFWLRQUHSHDOHGZRXOGDOORZKRPHRZQHUVWRFRQVWUXFWDIHQFH RQWKHUHDUSURSHUW\OLQHUDWKHUWKDQWZRIHHWEDFNIURPWKHSDYHPHQW&RXQFLOPHPEHU6WHZDUWVD\VKHLVFRQIOLFWHGDERXWUHLQVWDWLQJWKHUHSHDOHGVHFWLRQ+HVDLGXWLOLW\FRPSDQ\SROHVDUHDOORZHGWREHLQVWDOOHGQH[WWRWKHDOOH\SDYHPHQWDQGKHIHHOVWKDW KRPHRZQHUVVKRXOGEHDOORZHGWRXVHWKHLUSURSHUW\LQWKHVDPHZD\&RXQFLOPHPEHU &',6&866JDUDJHVDOHUHJXODWLRQVDQGSURYLGHGLUHFWLRQWRVWDII '',6&866UHLQVWDWHPHQWRIUHSHDOHGIHQFHUHJXODWLRQVLQWKH8QLYHUVLW\3DUN=RQLQJ2UGLQDQFHDQGSURYLGHGLUHFWLRQWRVWDII Page 60 of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age 61 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.,DirectorofPublicWorks SUBJECT:DISCUSS:AnnualWaterQualityReportandreceivepubliccomment BACKGROUND: Eachyear,municipalwaterprovidersarerequiredtomailConsumerConfidenceReports(CCR)to everyresidencewithinthecommunitydetailingcontaminantlevelsinthepotablewatersystem.The Citymeetsand/orexceedsallregulatorystandardsforcontaminantlevelsrevealedthroughwater testingsamplesin2011.Stateregulationsalsorequirethewaterprovidertoofferresidentsan opportunitytoaskquestionsinanopenforumregardingtheCCR. ATTACHMENTS: 2011WaterQualityReport Page 62 of 94 City of University ParkCity of University Park 1st CLASS PRSRT U.S. POSTAGE PAID DALLAS, TX PERMIT NO. 407 City of University Park 3800 University Blvd. University Park, TX 75205-1711 Page 63 of 94 Annual Drinking Water Quality ReportAnnual Drinking Water Quality Report City of University Park Our Drinking Water Meets or Exceeds All Federal (EPA) Drinking Water Requirements This report is a summary of the quality of the water we provide our customers. The analysis was made by using the data from the most recent U.S. Environmental Protection Agency (EPA) required tests and is presented in the attached pages. We hope this information helps you become more knowledgeable about what’s in your drinking water. About The Following Pages The pages that follow list all of the federally regulated or monitored contaminants which have been found in your drinking water. The U.S. EPA requires water systems to test for up to 97 contaminants. Definitions Maximum Contaminant Level (MCL) The highest permissible level of a contaminant in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology. Maximum Contaminant Level Goal (MCLG) The level of a contaminant in drinking water below which there is no known or expected health risk. MCLGs allow for a margin of safety. Maximum Residual Disinfectant Level (MRDL) The highest level of disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants. Maximum Residual Disinfectant Level Goal (MRDLG) The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contamination. Treatment Technique (TT) A required process intended to reduce the level of a contaminant in drinking water. Action Level (AL) The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow. Abbreviations NTU - Nephelometric Turbidity Units MFL -million fibers per liter (a measure of asbestos) pCi/L -picocuries per liter (a measure of radioactivity) ppm - parts per million, or milligrams per liter (mg/L) ppb -parts per billion, or micrograms per liter (μg/L) ppt -parts per trillion, or nanograms per liter ppq -parts per quadrillion, or picograms per liter Public Participation Opportunities Date:July 3, 2012 & July 17, 2012 Time:5:00 pm Location:City Hall Court Room Phone No:(214) 363-1644 To learn about future public meetings (concerning your drinking water), or to request to schedule one, please call us. En Español Este informe incluye información importante sobre el agua potable. Si tiene preguntas o comentarios sobre éste informe en español, favor de llamar al tel. (214) 363-1644 - para hablar con una persona bilingüe en español. You may be more vulnerable than the general population to certain microbial contaminants, such as Cryptosporidium, in drinking water. Infants, some elderly or immunocompromised persons such as those undergoing chemotherapy for cancer; those who have undergone organ transplants; those who are undergoing treatment with steroids; and people with HIV/AIDS or other immune system disorders can be particularly at risk from infections. You should seek advice about drinking water from your physician or health care provider. Additional guidelines on appropriate means to lessen the risk of infection by Cryptosporidium are available from the Safe Drinking Water Hotline (1-800-426-4791). Special Notice Required Language for ALL Community Public Water Supplies: ALL drinking water may contain contaminants. When drinking water meets federal standards there may not be any health based benefits to purchasing bottled water or point of use devices. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA’s Safe Drinking Water Hotline (1-800-426-4791). Secondary Constituents Many constituents (such as calcium, sodium, or iron) which are often found in drinking water, can cause taste, color, and odor problems. The taste and odor constituents are called secondary constituents and are regulated by the State of Texas, not the EPA. These constituents are not causes for health concern. Therefore, secondaries are not required to be reported in this document but they may greatly affect the appearance and taste of your water. Page 64 of 94 Year or AverageMinimumMaximum Unit of RangeContaminantLevelLevelLevelMCLMCLGMeasureSource of Contaminant Bromoform, chloroform, dichlorobromomethane, and dibromochloromethane are disinfection byproducts. There is no maximum contaminant level for these chemicals at the entry point to distribution. 2011Fluoride0.220.220.2244ppmErosion of natural deposits; water additive which promotes strong teeth; discharge from fertilizer and aluminum factories. 2011 Nitrate 0.660.660.661010ppmRunoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits. Year or AverageMinimumMaximum Unit of Range Contaminant LevelLevelLevelMCLMCLGMeasureSource of Contaminant Inorganic Contaminants 2011Chlorine Residual3.141.504.004<4ppmDisinfectant used to control microbes. AverageMinimumMaximum Unit of Year DisinfectantLevelLevelLevelMRDLMRDLGMeasure Source of Disinfectant Maximum Residual Disinfectant Level Organic Contaminants WAIVED OR NOT YET SAMPLED Unregulated Initial Distribution System Evaluation for Disinfection Byproducts 2011Total Haloacetic Acids20.712.723.060ppbBy-product of drinking water disinfection. 2011 Total Trihalomethanes23.917.436.480ppbBy-product of drinking water disinfection. AverageMinimumMaximum Unit of Year ContaminantLevelLevelLevelMCLMeasure Source of Contaminant Disinfection Byproducts 2011 Lead 0.068 0 15 ppbCorrosion of household plumbing systems; erosion of natural deposits. 2011Copper0.0123 0 1.3ppmCorrosion of household plumbing systems; erosion of natural deposits; leaching from wood preservatives. The 90thNumber of SitesActionUnit of Year ContaminantPercentileExceeding Action LevelLevelMeasure Source of Contaminant Lead and Copper 2011 Chloroform 19.519.519.5 ppbBy-product of drinking water disinfection. 2011Bromodichloromethane4.44.44.4 ppbBy-product of drinking water disinfection. Year or AverageMinimumMaximumUnit of Range Contaminant Level LevelLevelMeasure Source of Contaminant Unregulated Contaminants Required Additional Health Information for Lead If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. This water supply is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead. 2011Simazine0.330.330.3344ppbHerbicide runoff. 2011 Atrazine 0.640.640.6433ppbRunoff from herbicide used on row crops. Systems must complete and submit disinfection data on the Disinfection Level Quarterly Operating Report (DLQOR). On the CCR report, the system must provide disinfectant type, minimum, maximum and average levels. Page 65 of 94 Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches. Total Coliform REPORTED MONTHLY TESTS FOUND NO COLIFORM BACTERIA. Fecal Coliform REPORTED MONTHLY TESTS FOUND NO FECAL COLIFORM BACTERIA. 2011Turbidity0.38 100.00 0.3 NTU Soil runoff. Highest SingleLowest Monthly % ofTurbidityUnit of Year ContaminantMeasurementSamples Meeting LimitsLimitsMeasure Source of Contaminant Turbidity 2011Bicarbonate373737NAppmCorrosion of carbonate rocks such as limestone. 2011 Chloride20.120.120.1300ppmAbundant naturally occurring element; used in water purification; byproduct of oil field activity. 2011Hardness as939393NAppmNaturally occurring calcium and magnesium. Ca/Mg 2011 pH 99 9>7.0unitsMeasure of corrosivity of water. 2011Sodium 27.227.227.220,000ppmErosion of natural deposits; byproduct of oil field activity. 2011 Sulfate 71.471.471.4300ppmNaturally occurring; common industrial byproduct; byproduct of oil field activity. 2011Total Alkalinity393939NAppmNaturally occurring soluble mineral salts. as CaCO3 2011Total Dissolved2122122121000ppmTotal dissolved mineral constituents Solids in water. Year or AverageMinimumMaximumSecondaryUnit of Range Contaminant LevelLevelLevelLimitMeasure Source of Contaminant Secondary and Other Constituents Not Regulated (No associated adverse health effects) Where do we get our drinking water? The source of drinking water used by the City of University Park is Purchased Surface Water from ELM FORK TRINITY RIVER. A Source Water Susceptibility Assessment for your drinking water sources(s) is currently being updated by the Texas Commission on Environmental Quality. This information describes the susceptibility and types of constituents that may come into contact with your drinking water source based on human activities and natural conditions. The information contained in the assessment allows us to focus our source water protection strategies. Some of this source water assessment information will be available later this year on Texas Drinking Water Watch at http://dww.tceq.state.tx.us/DWW/. For more information on source water assessments and protection efforts at our system, please contact us. WATER SOURCES:The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals, and in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water before treatment include: microbes, inorganic contaminants, pesticides, herbicides, radioactive contaminants, and organic chemical contaminants. Contaminants that may be present in source water include: •Microbial contaminants - such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife. •Inorganic contaminants - such as salts and metals, which can be naturally-occurring or result from urban storm water run-off, industrial or domestic wastewater discharges, oil and gas production, mining, or farming. City of University Park  •Pesticides and herbicides - may come from a variety of sources such as agriculture, urban storm water run-off, and residential uses. •Organic chemical contaminants - including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban storm water run-off, and septic systems. •Radioactive contaminants - can be naturally-occurring or be the result of oil and gas production, and mining activities. Page 66 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.,DirectorofPublicWorks SUBJECT:PUBLICHEARING:ontheCity'sStormWaterManagementProgram BACKGROUND: TheEnvironmentalProtectionAgency(EPA)institutedtheNationalPollutantDischargeElimination System(NPDES)in1990toaddressstormwaterrunofffromlargemunicipalities,constructionsites largerthanfive(5)acres,andten(10)categoriesofindustrialactivity.In1999,theTexas CommissiononEnvironmentalQuality(TCEQ)assumedauthorityoftheNPDESundertheTexas PollutantDischargeEliminationSystemandextendedthepermittingrequirementstosmalland medium-sizedmunicipalitiesinurbanizedareasunderthePhaseIIFinalRule.TheStormWater PhaseIIFinalRule,whichappliestotheCityofUniversityPark,isthenextstepintheEPAeffortto preserve,protect,andimprovethenation'swaterresourcesbyrequiringadditionaloperatorsofa municipalstormsewersystemtoimplementprogramsandpracticestocontrolpollutedrunoff. AftergainingapprovalfromtheCityCouncilonJanuary25,2008,thePublicWorksDepartment submittedtheCityofUniversityPark'sStormWaterManagementProgram(SWMP)totheTCEQin January2008.TheCity'sSWMP,amongotherthings,requiresannualpresentationoftheSWMPto Councilandvariousadvisorycommitteesaswellasanopportunityforpubliccommentand questions.Thispresentationandpublichearingwillfulfillthoseobligations. RECOMMENDATION: ThisisarequiredpublichearingwithnoCouncilactionnecessary. Page 67 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GaryW.Adams,ChiefofPolice SUBJECT:CONSIDERANDACT:onanordinanceamendingtheResidentialParking Districttoincludethesouthsideofthe3500and3600blocksofMcFarlinBoulevard BACKGROUND: Themajorityofresidentsofthesouthsideofthe3500and3600blocksofMcFarlinBoulevard requestedthatbothblocksbeincludedintheResidentialParkingDistrict(asthenorthsideofboth blockshasalreadybeenincluded)andprovidedthePublicWorksDepartmentwithasignedpetition. Resultsshowresidentsoftwenty-fiveofthethirty-fourhomesonthesouthsideofthe3500and3600 blocksofMcFarlinBoulevardwishtobeincludedinthedistrict.This73.52%tallymeetstheCity's requirementforapetitiontobeconsidered. RECOMMENDATION: Staffhasnoobjectionstothesouthsideofthe3500and3600blocksofMcFarlinBoulevardbeing includedintheResidentialParkingDistrict. ATTACHMENTS: PetitionforInclusioninResidentialParkingDistrict OrdinanceAmendingtheResidentialParkingDistrict MapofUPwith3500/3600McFarlinHighlightedinYellow Page 68 of 94 Page 69 of 94 Page 70 of 94 56090 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 FOR THE 2800, 2900, 3000, 3400, 3500 AND 3600 BLOCKS 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. 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 an additional resident-parking-only zone and to delete a portion of an existing zone, as follows: "Sec. 12.05.042 Zones Designated; issuance of permits (a) The following are designated as resident-parking-only zones, to wit: … (18) The 2800-3000 blocks, 3400 block, 3500 block, and 3600 block of McFarlin Blvd.; …” 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 Page 71 of 94 56090 remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. 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 3rd day of July 2012. APPROVED: ______________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: ________________________ _________________________________ CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY (RLD/6-26-12/56090) Page 72 of 94 56090 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 FOR THE 2800, 2900, 3000, 3400, 3500 AND 3600 BLOCKS 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. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of July 2012. APPROVED: ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY Page 73 of 94 Page 74 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GerryBradley,ParksDirector SUBJECT:CONSIDERANDACT:onlandscapeplansforMcFarlinBlvd.medians BACKGROUND: Overthepastseveralmonths,staffhasbeenworkingwiththelandscapearchitecturefirmofNaud BurnettandtheParkAdvisoryCommitteetodeveloplandscapeplansfortheMcFarlinmediansfrom westofHillcrestAvenuetoGolfDrive.StaffplanstoreviewthedrawingswithCityCouncilfor approvalduringtheJuly3,2012meeting.Oncetheplansareapproved,staffwillfinalizethe constructiondrawingsandbidtheproject.ProjectbidswillbebroughtbacktoCityCouncilinearly September2012forfinalprojectapproval.TheprojectisscheduledtobegininOctober2012. FundingfortheMcFarlinmedianprojecthasbeenidentifiedwithintheParksDepartmentFY2013 CapitalImprovementBudget. RECOMMENDATION: StaffwilltakedirectionfromCityCouncilonhowtoproceedwiththeproject. FUNDINGSOURCE: ParksCapitalImprovementBudget ATTACHMENTS: PlanSheet1 PlanSheet2 PlanSheet3 PlanSheet4 Page 75 of 94 Page 76 of 94 Page 77 of 94 Page 78 of 94 Page 79 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GerryBradley,ParksDirector SUBJECT:DISCUSS:requestforchangestoconcessionsprovidedatHolmesAquaticCenterand providedirectiontostaff BACKGROUND: DuringtheJune19,2012CityCouncilMeeting,UniversityParkresidentandParksAdvisory CommitteememberAlexRichterrequestedtheCityCouncilconsideroptionstotheconcessions currentlyavailableatHolmesAquaticCenter.Mr.Richtersuggestedadditionalconcessionsbe providedbyoutsidevendorsattheHolmesAquaticCenterduringthecurrentpoolseasonandhealso requestedthattheCityCouncilconsiderchangingconcessionairesoraddingtoprovidedconcession servicesatthepoolinfutureyears. StaffhasbeeninstructedtoplacethisitemontheJuly3,2012CityCouncilagendafordiscussion. RECOMMENDATION: StaffrequestsdirectionfromtheCityCouncilonhowtheywanttoproceedwiththerequest. Page 80 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks SUBJECT:CONSIDERANDACT:onaninvitationfromtheTexasCommissionon EnvironmentalQuality(TCEQ)"SanitarySewerOverflowInitiative" BACKGROUND: CitystaffmetrecentlywithrepresentativesfromtheTCEQtodiscusstheirnewapproachtoreduction ofinfiltration-inflowinwastewatercollectionsystems.Extraneousflowsfromgroundwaterandfrom rainfalleventsenteringsanitarysewersexceedthecapacityofthepipes,whichresultsinillegal dischargeofuntreatedwastewater,referredtoassanitaryseweroverflows(SSO),ontostreetsandinto stormsewers.StateandFederalmandatestoreduceI/IandeliminatetheSSO'shavenotachievedthe desiredresults,andtheTCEQdevelopedthisinitiativeprogram,describedontheattachedpages, workcooperativelywithlocalgovernments.Inshort,iftheCityagreestovoluntarilyparticipatein theirprogram,wewillnotbesubjecttoformalenforcement(DepartmentofJustice)forcontinued SSOs. UniversityParkdoesnothaveahistoryofSSOs,however,theTCEQrecentlydecidedthatUniversity ParkhassomeresponsibilityfortheSSOsHighlandParkhasexperienced(duringheavyrainfall events)neartheintersectionofLakesideandArmstrong.ThoseSSOsoccuronthe30"sanitarysewer jointlyownedbyUPandHP. TheSSOInitiativecommitstheCitytodevelopmentofa10-yearplandedicatedtolocation,repair, andreplacementofpointsofI/I.IftheCouncilisamenabletoparticipation,staffwouldmeetwith TCEQtoidentifyspecificprojectsthatresultintherequisitereductionofI/I.Followingdevelopment ofthe10-yearSSOplan,staffwillreviewproposedprojectswiththeCityCouncil.TheCity'son- going"mile-per-year"replacementofutilitieswillcoincidewiththatidentifiedintheproposedSSO Plan. TheHighlandParkTownCouncilauthorizedHPparticipationintheSSOInitiativeyesterday. RECOMMENDATION: StaffrecommendsCityCouncilauthorizationoftheCity'sparticipationintheTCEQSSOInitiative. ThatactionwouldauthorizetheCityManagertoexecutethe"NoticeofIntenttoParticipateinthe SanitarySewerOverflowInitiative"includedwiththismemo. ATTACHMENTS: TCEQLetter SSOINITIATIVE ALLEGEDVIOLATIONS INTENTTOFILE HPParticipation Page 81 of 94 Page 82 of 94 Page 83 of 94 TCEQ GENERAL INFORMATION Field Operations Support Division GI-389 Ɣ June 2008 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY • PO BOX 13087 • AUSTIN, TX 78711-3087 The TCEQ is an equal opportunity employer. The agency does not allow discrimination on the basis of race, color, religion, national origin, sex, disability, age, sexual orientation, or veteran status. In compliance with the Americans with Disabilities Act, this document may be requested in alternate formats by contacting the TCEQ at 512-239-0028, fax 512-239-4488, or 1-800-RELAY-TX (TDD), or by writing PO Box 13087, Austin TX 78711-3087. We authorize you to use or reproduce any original material contained in this publication — that is, any material we did not obtain from other sources. Please acknowledge the TCEQ as your source. Printed on recycled paper. Sanitary Sewer Overflow (SSO) Initiative Information for Prospective Participants What is the SSO initiative? Sanitary sewer systems that are properly designed, operated, and maintained will collect and transport all of the sewage and industrial wastewater that flow into them to a wastewater treatment facility for appropriate treatment. If, however, there is significant inflow/infiltration (I/I) in the collection system; the system is not properly operated and maintained; or its capacity is inadequate for collection, storage or treatment, then sanitary sewers can overflow. A sanitary sewer overflow (SSO) is a type of unauthorized discharge of untreated or partially treated wastewater from a collection system or its components (such as a manhole, lift station, or cleanout) before it has reached a treatment facility. Correcting the problems that cause SSOs is usually time-consuming and expensive for municipalities; thus, they may be reluctant to begin corrective actions, or they may delay such actions, until the enforcement process requires them to act. While the TCEQ recognizes that their total elimination is unlikely, SSOs can be addressed before they affect the environment. The goals of the initiative are to reduce the number of SSOs that occur each year in Texas and to address SSOs before they harm human health, safety, or the environment and before they become enforcement issues. Who can participate? • Wastewater treatment facilities with sanitary sewer systems • Subscribers (facilities consisting entirely of sanitary sewer systems) The Field Operations Division regional staff may identify some facilities that are good candidates for participation during on-site compliance investigations or file-review investigations. This identification will be based on: • Self-reported data indicating violations of permitted flow limitations and significant noncompliance with other permitted effluent limitations. • SSO history (the number and volume of overflows). • Previous notices of violation (NOVs) for SSOs. • SSOs occurring in impaired watersheds. • SSOs with the potential to have an impact on human health, safety, and/or the environment. • Repeated complaints regarding SSOs. • Corrective action for SSOs that will require longer than six months to complete. A facility currently under a compliance plan with the region for addressing SSOs can be included in the initiative if the current plan covers, or is revised to cover, all of the required elements. Facilities currently under formal enforcement action for SSOs are not eligible to participate in the initiative. Participation in the initiative is not limited to those facilities identified by TCEQ personnel. Facilities may also elect to participate, and, in those cases, should contact the local TCEQ regional office to discuss that option. How will participation in the initiative benefit our facility? • A participating facility will not be subject to formal enforcement for most continuing SSO violations, as long as the SSOs are addressed by the SSO plan. • Participation allows the facility to spend resources on correction as opposed to having to pay penalties associated with an enforcement order, in addition to the money required to complete corrective action. • Participation ensures that SSOs addressed by the SSO plan will not affect the facility’s compliance history rating. What can we expect if we agree (or elect) to participate? Meeting with the regional staff Following an investigation by regional personnel that has documented SSOs, the TCEQ will notify the facility by letter of the opportunity to participate in the initiative. A meeting will be held within the next 30 days to further discuss the initiative. The investigator may also discuss the investigation Page 84 of 94 Sanitary Sewer Overflow (SSO) Initiative: Information for Prospective Participants TCEQ publication GI-389 2 June 2008 findings and explain the initiative during the compliance investigation exit interview. In that case, another meeting may not be required. (Note: If a facility has not been contacted by the regional staff but would like to discuss participation in the initiative, its representative may call the regional office to arrange a meeting.) During the meeting regional personnel will: • Discuss the findings of the investigation, if applicable. • Explain that, in order to participate in the initiative, the facility must agree to conduct a sanitary sewer system evaluation of the wastewater system in order to determine the scope of the problem and to develop a plan for improving, updating, and repairing the wastewater collection system. The plan must include a time line for completing each specific task. • Discuss the required elements of the SSO plan. • Supply technical-assistance materials from the Small Business and Environmental Assistance (SBEA) Division. After the meeting, regional personnel will send a letter confirming the facility’s participation that will: • advise the facility of the findings of the SSO- related investigation; • spell out the minimum requirements of the SSO plan; and • allow up to 180 days for the plan to be finalized. If the facility does not elect to participate in the initiative, the TCEQ will not afford it protection from formal enforcement for SSOs, and will issue a notice of violation for any SSO violations noted during the investigation. (Note: If a facility contacted the region to request the meeting—i.e., an investigation was not conducted by the regional office—and the facility decides not to participate in the initiative, the TCEQ will evaluate any SSO violations during the next compliance investigation and will issue an NOV at that time.) Evaluation of the SSO plan After the facility has submitted its SSO plan to the TCEQ, regional personnel will review it and determine if additional information is needed. If not, a letter approving the plan will be mailed to the facility. At that time a copy of the plan will also be forwarded to the Enforcement Division for inclusion in the SSO agreement. If additional information is required, the investigator will send a letter describing the information needed and will allow up to 30 days for the facility to submit a revised plan. What should the plan include? The term of the SSO plan cannot exceed 10 years. The plan should include the following elements: • A description of the cause of the SSOs and interim measures the facility will take to mitigate the effects of continuing SSOs. • A comprehensive evaluation of the sewer system. • A description of specific corrective measures, with milestones for addressing continuing SSOs. • The time line for completing each corrective action. • Provisions for the development and implementation, or the improvement, of an operations and maintenance program to ensure continued permit compliance. • A description of all funding sources. • A statement describing how the facility will evaluate the effectiveness of the improvements. Where can we get assistance with developing a plan to address SSOs? The Small Business and Environmental Assistance Division (SBEA) will be available to assist municipalities in addressing their SSO problems by providing: • information on funding sources; • guidance on the development and implementation of a program to manage fats, oil, and grease; and • guidance on the development and implementation of a Capacity, Management, Operation, and Maintenance program to improve compliance and reduce environmental impacts, costs, and risks. For additional information, contact SBEA at 512-239-3100 or the Small Business and Local Government Assistance Hotline at 800-447-2827, or e-mail <sbap@tceq.state.tx.us>. Do we continue to report SSOs to the TCEQ if we participate in the initiative? Yes, any noncompliance reporting requirements included in the permit provisions, the Texas Water Page 85 of 94 TCEQ publication GI-389 Sanitary Sewer Overflow (SSO) Initiative: Information for Prospective Participants June 2008 3 Code, or both will remain in effect. Site-specific notifications will still be required. What happens if additional SSOs occur while we are participating in the initiative? Participation in the initiative excludes the facility from formal enforcement for SSOs that are addressed by the SSO plan. The TCEQ does, however, still retain the right to take enforcement action under certain circumstances, which may include any of the following: • SSOs that are intentional or result from negligence. • Failure of the facility to respond appropriately to an SSO. • Failure of the facility to report an SSO. • SSOs that result in a documented impact, or have the potential for such an impact, on human health, safety, or the environment. • Continued failure by the facility to meet the requirements of the SSO agreement. TCEQ personnel will review each circumstance individually to determine if the agency should initiate a separate enforcement action to address a particular SSO according to current enforcement protocol. What if our facility chooses not to participate? Participation is entirely voluntary. If TCEQ personnel document an SSO at a facility not participating in the initiative, they will mail an NOV or a Notice of Enforcement (NOE), if appropriate, and monitor compliance under standard investigation and enforcement protocol. The TCEQ will not afford the facility protection from formal enforcement for continuing SSO violations. Is there anything that can cause our facility to be dropped from the initiative? Yes. The purpose of the initiative is to encourage facilities to be proactive in addressing SSOs and to offer some measure of protection from enforcement action for SSOs that occur while participating; however, under some circumstances it may be appropriate to rescind a facility’s eligibility. Eligibility may be rescinded in cases such as the following: • Failure to supply the information needed by the region to approve the SSO plan. • Failure to provide the information needed by the Enforcement Division to develop an SSO agreement. • Continued failure to meet the requirements of an SSO agreement. • SSOs due to negligence. • Failure to respond appropriately to an SSO, or to report one. • An SSO documented to harm, or having the potential to harm, human health, safety, or the environment. Other situations may also require a review to determine a facility’s eligibility for continued participation. Those will be evaluated case by case. If eligibility is rescinded, a representative from either the regional office or the Enforcement Division will notify the participant of the decision. SSO violations identified in previous investigations will then be addressed under standard enforcement protocol. Since participation is, in part, based on reported SSOs, how will the TCEQ handle facilities that do not report SSOs? Facilities that do not report SSOs will be advised of the reporting requirements. The TCEQ will supply the facility’s representatives with a copy of the noncompliance notification form and the regulatory guidance Unauthorized Discharges and Sanitary Sewer Overflows (TCEQ publication no. RG-395), and will issue an NOV, or an NOE if appropriate, for failure to report the SSO (Texas Water Code 26.039) and for failure to prevent an unauthorized discharge (Texas Water Code 26.121). The facility may not be eligible to participate in the initiative if it continues to neglect reporting SSOs. Page 86 of 94 Page 87 of 94 Page 88 of 94 Page 89 of 94 AGENDAMEMO (7/3/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:LizSpector SUBJECT:CONSIDERANDACT:onaresolutionappointingboardandcommitteemembersfor 2012-2014 BACKGROUND: MembersoftheCityCouncilmetonseveraloccasionstoreviewapplicationsreceivedforBoardand Committeemembershipandtodeterminetheirselections.Approvalofthisresolutionwillofficially designatetheirappointments.TheproposedBoardandCommitteerostersareincludedforthe Council'sfinalreview. ATTACHMENTS: ResolutionappointingBoardandCommittees ExhibitACommitteeRosters Page 90 of 94 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPOINTING MEMBERS TO THE 2012 – 2014 BOARDS AND COMMITTEES. WHEREAS, the City Council of the City of University Park appoints numerous statutory and advisory boards and committee members; and, WHEREAS, these board and committee members are appointed for two-year terms, coinciding with City election years; and, WHEREAS, the City Council elected on May 12, 2012 is now appointing those board and committee members for the period of July 2012 to July 2014; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS THAT: SECTION 1. The City Council of the City of University Park hereby appoints the board and committee members as listed and attached hereto as Exhibit “A.” SECTION 2. This resolution shall take effect immediately from and after its adoption and it is so accordingly resolved. DULY ADOPTED by the City Council of University Park this the 3rd day of July, 2012. APPROVED: ______________________________ W. Richard Davis, Mayor ATTEST: _____________________________ Elizabeth Spector, City Secretary Page 91 of 94 Proposed 2012 - 2014 Boards and Committees June 28, 2012 BOARD OF ADJUSTMENT PLANNING & ZONING 1.Eddy Moore, Chair 1.Bob West, Chair 2.Taylor Armstrong 2.Mark Aldredge 3.Arch Beasley 3.Randy Biddle 4.John Jackson 4.Kim Kohler 5.Jacky Spears 5.Doug Roach 1.Darrell Lane (Alt)1.Neil Harris (Alt) 2.Stuart McIlyar (Alt)2.Liz Farley (Alt) 3.Clay Snelling (Alt)3.Jerry Jordan (Alt) CAPITAL PROJECTS REVIEW COMMERCIAL/RETAIL ADVISORY 1.Olin Lane, Jr., Chair 1.Max Fuqua, Chair 2.Roy Brunz 2.Mike Culwell 3.Steve Cooke 3.Duncan Fulton 4.Dave DeLorenzo 4.Mike Geisler 5.Blackie Holmes 5.Mary Graves 6.Lon Houseman 6.Blackie Holmes 7.Raquel Ibarra 7.Kevin Maguire 8.Steve Metzger 8.John Patterson 9.Chris Murzin 9.Benton Rutledge 10.Harold Peek 10.Jamie Slagel 11.Dan Strodel 11.Leslie Vassallo 12.Kelly Walker 12.Jerry Washamyy EMPLOYEE BENEFITS FINANCE ADVISORY 1.Roger Lambourn, Chair 1.John Stuart, Chair 2.Steven Black 2.John Atwood 3.Clair Crossland 3.Cynthia Cinatl 4.John Falconer 4.Russ Coleman 5.Angela Fontana 5.David Gordon 6.Russell Huber 6.Irving Groves 7.Lance Johnson 7.Alvin Lane 8.Jim Klancnik 8.Julie Noble 9.Blair Mercer 9.Dotti Reeder 10.Steven Moore 10.Thomas Russell 11.Neil Touchstone 12.Claude Wilson LEGISLATIVE 1.Phillip Philbin, Chair 2.Jeff Logan 3.Carolyn Loy 4.Robert Riek 5.Brian Smoot Page 92 of 94 Proposed 2012 - 2014 Boards and Committees June 28, 2012 PARK ADVISORY PROPERTY, CASUALTY, LIABILITY 1.Bill Pardoe, Chair 1.Frank Swingle, Chair 2.Cindy Abbate 2.Brent Cooper 3.Dan Beaird 3.Bruce Klingman 4.James Cali 4.Bill Minick 5.Margaret Carter 5.Ed Orlandi 6.Ellen Dill 6.John Palter 7.John Farris 7.Scott Ragland 8.Judy Gibbs 8.Ron Ward 9.James Martin 10.W. M. Read 11.Alex Richter PUBLIC SAFETY ADVISORY 12.Bill Skelton 13.Alen Stewart 1.Joseph McMahon, Chair 14.Jeff Turpin 2.James Bristow 15.Peggy Wildman 3.Jack H. Davis, Jr. 4.Michael Denton 5.Uttam Dhillon 6.Bob Dill PUBLIC FACILITIES NAMING 7.Ben Doherty 8.James Garner 1.Don Malouf, Chair9.Francie Johnsen 2.Brad Bradley 10.John Pittman 3.Kirk Dooley 11.Rider Royall 4.Diane Galloway 12..Howard Sparkman 5.Bill Pardoe 13.Brad Thompsonp 14.John Weston PUBLIC UTILITIES ADVISORY PUBLIC WORKS (PWAC) 1.Rick Bjorck, Chair 1.Mike Collins, Chair 2.Sandra Cude 2.Charly Canfield 3.Darren Dittrich 3.Alicia Formagus 4.Nick Hogan 4.Randy Hagens 5.David Howell 5.Steve Hudson 6.Leslie McCall 6.Elaine Kiehnle 7.Dan McKeithen 7.Bill Knapp 8.Chris Parker 8.Debbie Lane 9.Michael Rowland 9.Jeff McKenney 10.Patrick Simpkins 10.Mike Selby 11.Keith Smith 11.John Walsh SWHEA/THEA SMU LAND SALE RESERVE COMMITTEE 1.Paula Calise 2.Syd Carter 1.Dick Davis (ex officio mayor) 3.Jerry Grable 2.Olin Lane, Jr. (ex officio CPRC Chair) 4.Blackie Holmes 3.Jim Roberts 5.Jim Johnston 4.Harry Shawver, Jr. 6.Harry Shawver, Jr.5.John Stuart (ex officio Finance Chair) 7.Wayne Tenney Page 93 of 94 Proposed 2012 - 2014 Boards and Committees June 28, 2012 URBAN DESIGN & DEVELOPMENT ZONING ORDINANCE ADV. (ZOAC) 1.Mike Culwell, Chair 1.Bob Spies, Chair 2.Diana Byrd 2.Syd Carter 3.Bruce Collins 3.Corbin Crews 4.Eurico Francisco 4.Gretchen Henry 5.Rusty Goff, Jr.5.Kitty Holleman 6.Brian Hammer 6.Jim Mills 7.Spence Kendrick 7.Phillip Philbin 8.Cindy Kipp 8.Tim Pugliese 9.Charlie Little 9.Robert Rhoads 10.Jason Mackey 10.Terry Skartsiaris 11.Thomas Weber 12.Doug Smellage Page 94 of 94