HomeMy WebLinkAbout2013.07.02 City Council AgendaCity Council
City of University Park
Meeting Agenda
City Hall
3800 University Blvd.
University Park, TX 75205
Council Chamber5:00 PMTuesday, July 2, 2013
EXECUTIVE SESSION
3:30 - 4:00 P.M. The Council will convene into closed Executive
Session under Government Code Section 551.076 to deliberate the
deployment, or specific occasions for implementation, of security
personnel or devices. No action will be taken. Executive Conference
Room, 1st Floor, City Hall.
A.13-173
PRE-MEETING WORK SESSION(S)
4:00 - 5:00 P.M. The City Council will convene into open work session
to receive agenda item briefings from staff. No action will be taken.
Council Conference Room, 2nd Floor, City Hall.
A.13-169
TO SPEAK ON AN AGENDA ITEM
Anyone wishing to address the Council on any item must fill out a green “Request to
Speak” form and return it to the City Secretary. When called forward by the Mayor,
before beginning their remarks, speakers are asked to go to the podium and state their
name and address for the record.
I.CALL TO ORDER
A.INVOCATION: Mayor W. Richard Davis
B.PLEDGE OF ALLEGIANCE: Mayor Davis / Boy Scouts
C.INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D.INTRODUCTION OF STAFF: City Manager Bob Livingston
II.AWARDS AND RECOGNITION
Recognition of Construction Inspector Harold Newman's retirement with
12 years of service to the City.
A.13-164
Recognition of Police Lieutenant Gerald Bishop's retirement after 26
years with the City.
B.13-165
Page 1 City of University Park Printed on 6/28/2013
July 2, 2013City Council Meeting Agenda
III.CONSENT AGENDA
Consider and act on an amendment to the City Manager Employment
Agreement
A.13-167
Agenda Memo City Mgr Contract 070213
CITY MANAGER CONTRACT AMENDMENT 070213
Attachments:
Consider approval of minutes of the June 18, 2013 City Council MeetingB.13-168
Agenda Memo - Minutes 20130618
MeetingMinutes 18-Jun-2013
Attachments:
IV.MAIN AGENDA
Consider and act on proposed amendments to the Ordinance regulating
park facilities usage
A.13-102
Agenda Memo Park Regulations
Draft Ordinance
Attachments:
Consider resolution amending master fee scheduleB.13-155
Agenda Memo Fee Resolution 20130702
Fee Resolution amendment 20130702
Fee Resolution Attachment A
Attachments:
Public Hearing on a request to amend the Special Sign District for the
Plaza at Preston Center to allow for a specified number of colors for
signage within the shopping center.
C.13-171
Agenda Memo Sign District PH
Draft Ordinance
UDADAC Minutes 6-11-13
Attachments:
Consider and act on an ordinance amending the Special Sign District for
the Plaza at Preston Center to allow signage to contain not more than
ten colors.
D.13-172
Agenda Memo Sign Ordinance 20130702
Sign Ordinance
Attachments:
Page 2 City of University Park Printed on 6/28/2013
July 2, 2013City Council Meeting Agenda
Discuss objects allowed in the required front yard under the City's
Comprehensive Zoning Ordinance
E.13-175
Agenda Memo - front yard features
Schreyer Letter
Zoning Ordinance Sec. 21.100 4 b
City Council Mn 08-01-06
City Council Mn 08-22-06
Attachments:
Consider approval of a proposal from Tyler Technologies for purchase of
the Brazos Electronic Citation Solution
F.13-174
Agenda Memo Handheld Ticket writers
Tyler Technologies - Brazos NJPA Proposal - 06-25-13.pdf
Attachments:
Consider and act on resolution renewing City investment policyG.13-176
Agenda Memo - Investment Policy
Resolution Invest Policy 07-02-2013
Investment Policy 07-02-2013
Attachments:
DISCUSS: FY2014 budget calendarH.13-134
FY2014 budget calendar agenda memo 06042013Attachments:
V.PUBLIC COMMENTS
Anyone wishing to address an item not on the Agenda should do so at this time. Please
be advised that under the Texas Open Meetings Act, the Council cannot discuss or act
at this meeting on a matter that is not listed on the Agenda . However, in response to an
inquiry, a Council member may respond with a statement of specific factual information
or a recitation of existing policy. Other questions or private comments for the City
Council or Staff should be directed to that individual immediately following the meeting.
VI.ADJOURNMENT
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into Closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any Agenda items listed herein.
Page 3 City of University Park Printed on 6/28/2013
AGENDA MEMO
7/2/2013 Agenda
TO: Honorable Mayor and City Council FROM: City Manager
SUBJECT: Amendment to Employment Agreement
BACKGROUND:
Per our discussions, the attached amendment to Employment Agreement with the City
Manager will provide additional leave days between now and the end of 2014. As
outlined, any unused leave days will have no other value.
RECOMMENDATION: Approval of the Consent Agenda will approve this amendment to the existing
Agreement.
Page 4 of 94
Amendment to
AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS CITY
MANAGER
This AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS CITY
MANAGER (the Amendment) is effective this 1st day of April, 2013, and amends that certain
AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS CITY
MANAGER (the Agreement) dated February 9, 2003, by and between the City of University
Park, Texas, a municipal corporation (the “City”) and Bob Livingston (the “Manager”), to extend
the existing Agreement and modify the terms and condition of employment as follows:
1. The Agreement shall be extended until December 31, 2014, at which time the Agreement
may be extended for a period mutually agreeable to City and Manager.
2. In addition to the “regular vacation” accruing to the Manager under Section 4A of the
Agreement, the Manager shall be credited an additional fifty (50) days of paid vacation
leave to be taken between the date of this Amendment and December 31, 2014. The
additional paid vacation leave shall be used only as actual days off for the Manager and
shall have no cash value upon the retirement or termination of the Manager.
All remaining terms and conditions set forth in the Agreement, not otherwise modified herein,
remain in full force and effect.
CITY OF UNIVERSITY PARK CITY MANAGER
W. Richard Davis Bob Livingston
Mayor City Manager
ATTEST: APPROVED AS TO FORM:
Elizabeth Spector Rob Dillard
City Secretary City Attorney
Page 5 of 94
AGENDA MEMO
7/2/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Liz Spector, City Secretary
SUBJECT: Minutes of the June 18, 2013 City Council Meeting
BACKGROUND:
Minutes of the June 18, 2013 City Council Meeting are included for the Council's review.
RECOMMENDATION:
Page 6 of 94
City Hall
3800 University Blvd.
University Park, TX 75205
City of University Park
Meeting Minutes
City Council
5:00 PM Council ChamberTuesday, June 18, 2013
EXECUTIVE SESSION
Mayor W. Richard Davis, Mayor Pro Tem Bob Clark, Councilmember Bob
Begert, Councilmember Dawn Moore and Councilmember Tommy Stewart
Present:5 -
13-160 3:31 - 4:15 P.M. As authorized by Texas Government Code §551.074,
the City Council convened into closed Executive Session to discuss
renewal of a contract with the City Manager. No action was taken.
Executive Conference Room, 1st floor, City Hall.
PRE-MEETING WORK SESSION(S)
13-159 4:20 - 4:40 P.M. Friends of the UP Library President Byron Egan and
Richards Group representative Brad Todd provided information to the
Council regarding a funding campaign for the Friends of the UP Public
Library. No action was taken. Council Conference Room, 2nd floor,
City Hall.
13-154 4:40 to 5:00 P.M. WORK SESSION FOR AGENDA REVIEW. The City
Council convened into open work session to receive agenda item
briefings from staff. No action was taken. Council Conference Room,
2nd Floor, City Hall.
Director of Public Works Bud Smallwood briefed the Council on a request from SMU
to abandon certain street and alley rights-of-way. Mr. Smallwood asked the Council
to direct staff to obtain appraisals on the property. Police Chief Gary Adams
reviewed renewals of two Interlocal Agreements with the Town of Highland Park for
provision of a DARE officer and an SRO to the Highland Park ISD. Assistant Director
of Public Works Jacob Speer discussed a request to contract with Flagship, Inc. for
annual street sweeping services. The Council briefly discussed the park facility use
ordinance amendment on the agenda. Mayor Davis adjourned the work session at
5:00 p.m.
CALL TO ORDERI.
Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, Councilmember Moore
and Councilmember Stewart were present. Also in attendance were City Attorney
Dillard and City Manager Livingston.
INVOCATION: City Manager Bob LivingstonA.
PLEDGE OF ALLEGIANCE: City Manager Livingston / Boy ScoutsB.
Page 1City of University Park
Page 7 of 94
June 18, 2013City Council Meeting Minutes
Mayor Davis asked the Boy Scouts present to lead the Pledge of Allegiance. Stanton
Pruitt, a member of Troop 125, stated he is working on his Citizenship in the
Community merit badge.
INTRODUCTION OF COUNCIL: Mayor W. Richard DavisC.
INTRODUCTION OF STAFF: City Manager Bob LivingstonD.
Staff present included: Community Information Officer Steve Mace, Director of
Information Services Jim Criswell, Police Chief Gary Adams, Director of Public Works
Bud Smallwood, City Secretary Liz Spector, Director of Parks Gerry Bradley, Director
of Community Development Robbie Corder, Director of Finance Kent Austin,
Assistant Director of Public Works Jacob Speer, Fire Chief Randy Howell, Director of
Human Resources Luanne Hanford, Assistant to the City Manager George Ertle, and
Library Director Sharon Martin. Also present were several Fire Department
personnel to recognize recently retired firefighter Shane Schindler.
AWARDS AND RECOGNITIONII.
13-158A.Recognize retirement of Fire Lieutenant Shane Schindler with 33 years
of service
Fire Chief Randy Howell addressed the Council. He introduced recently retired
University Park firefighter Shane Schindler and thanked him for his 33 years of
service to the community. Mayor Davis presented Mr. Schindler with a plaque and
Mayor Pro Tem Clark presented Mr. Schindler with a check in acknowledgement of
his retirement.
CONSENT AGENDAIII.
A motion was made by Councilmember Begert, seconded by Mayor Pro Tem
Clark, that the Consent Agenda be approved. The motion carried by the
following vote:
Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
5 -
13-150A.Consider and act on request to abandon certain SMU rights-of-way
The Council directed staff to obtain an appraisal on the rights-of-way.
13-152B.Consider and act on FY2014 Interlocal Cooperation Agreement for
Joint Provision of a Student Resource Officer (SRO)
The Interlocal agreement to provide an School Resource Officer was approved.
13-153C.Consider and Act on FY2014 Interlocal Cooperation Agreement for
Joint Provision of a D.A.R.E. Officer
The Interlocal Agreement to provide a D.A.R.E. officer was approved.
13-157D.Consider approval of bid from Flagship, Inc. for annual street sweeping
services
Page 2City of University Park
Page 8 of 94
June 18, 2013City Council Meeting Minutes
This Contract in the amount of $48,412.96 was approved.
13-161E.Consider approval of minutes of the June 4, 2013 City Council Meeting
The Minutes were approved.
MAIN AGENDAIV.
13-102A.Consider and act on proposed amendments to the Ordinance
regulating park facilities usage
Mayor Davis stated he will allow those who have registered a chance to address the
Council about the most recent draft of the ordinance. He called the first speaker.
Ms. Meredith Boyd addressed the Council. She stated while she does not have an
issue with registering with the City to teach in the parks, she does not want her
property tax dollars to fund a part-time employee to monitor commercial use of the
parks. She also requested the Council not to require classes to be restricted to
specific areas of the parks. She stated she would like to be able to move to different
areas depending on weather or sun.
Ms. Kathleen Duff was called to speak. Ms. Duff stated she teaches soccer skills to
University Park children. She expressed her concern over limitations of the proposed
ordinance that limit her ability to add class members at the last minute as well as
being required to use designated areas in the parks. Councilmember Moore asked
Ms. Duff if she generally has her class rosters scheduled in advance of the start of
the class. Ms. Duff staed yes, however, occasionally new clients request to be added
at the last minute. Councilmember Moore also stated Ms. Duff's classes fall under
the definition of a sports clinic.
Mayor Davis said the Council will consider these comments and any others received
through written correspondence. He said while changes will be made to the
proposed ordinance, they will most likely be minor revisions. He said the public will
have an opportunity to review the newest draft ordinance prior to the July 2 Council
Meeting.
Councilmember Begert asked Director of Parks Gerry Bradley if he will potentially
hire someone to monitor compliance with the proposed ordinance. Mr. Bradley said
he now finds this will be unnecessary. He said existing staff will be able to make
periodic inspections. Mr. Bradley stated the most critical issue will be communication
of the new rules to park users.
Mayor Pro Tem Clark asked about the proposed instructor registration fees. Mr.
Bradley stated staff wants to legitimize and recognize for-profit use of the City's park
system and he said the proposed $50 annual fee is too low.
Mayor Davis thanked everyone for their comments and proposed tabling further
consideration of the issue until the July 2, 2013 City Council Meeting.
A motion was made by Mayor Davis that action on this ordinance be tabled
until the July 2, 2013 Council Meeting. The motion carried by the following
vote:
Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
5 -
Page 3City of University Park
Page 9 of 94
June 18, 2013City Council Meeting Minutes
13-155B.Consider resolution amending master fee schedule
A motion was made by Mayor Davis that this Resolution be tabled. The motion
carried by the following vote:
Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
5 -
13-151C.Consider request from DCPCMUD to participate in cost of emergency
generator purchase
Director of Public Works Smallwood addressed the Council. He said he met with
representatives of the Town of Highland Park and the Dallas County Park Cities
Municipal Utility District (DCPCMUD) at their request to discuss whether the City
would enter into an agreement to purchase an emergency generator at an
approximate cost fo the City of $1.5 million dollars. Mr. Smallwood stated staff is not
in favor of participating in such purchase. He said it will increase water rates for the
City's residents by 6 cents per 1,000 gallons of water usage.
Mr. Smallwood said the emergency generator will be a standby in the unlikely event
both sources of power to pump the City's water go down. He said the City already
has a cooperative agreement with the City of Dallas in case of emergency power
outage. Mayor Pro Tem Clark asked if the Town of Highland Park agreed with staff's
opinion. Mr. Smallwood said the Town's Public Works Committee has expressed
their concurrence. Mr. Smallwood said staff of both cities feel it is an unnecessary
expenditure.
A motion was made by Councilmember Stewart, seconded by Mayor Pro Tem
Clark, that the request to participate in purchase of an emergency generator
with the Town of Highland Park and the DCPCMUD be recommended for
disapproval. The motion carried by the following vote:
Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
5 -
13-156D.Consider approval of a contract with Itron, Inc. for the purchase and
installation of an advanced metering infrastructure system
Assistant Director of Public Works Jacob Speer addressed the Council. He said staff
has studied ways to improve the City's water usage data collection. He said current
methods involve two full-time employees physically reading each water meter in the
City and manually entering the usage data into small hand-held computers. Mr.
Speer said he proposes use of a new computerized system called Advanced
Metering Infrastructure, or AMI. He said implementation of this system will involve
installation of a small device on each water meter which reads and broadcasts data
usage via radio signal every five (5) minutes. He said the data is relayed through a
collection point to City Hall to allow accurate, real-time meter reading. He said the
system will allow improved customer service and accurate billing.
Mr. Speer said he, Director of Finance Kent Austin, Infrastructure Maintenance
Superintendent Harry Shearouse and Utility Billing Manager Brenda Summers
traveled to a similarly-sized and situated city in Georgia for a demonstration of their
use of the Itron solution. He said this lead to a high comfort level of the system and
he recommends the City Council approve purchase and implementation.
Mr. Speer said if the Council approves, the Itron solution will be installed on
approximately 10,000 meters in City over a 4-year period and will cost $1,196,585 for
Page 4City of University Park
Page 10 of 94
June 18, 2013City Council Meeting Minutes
the hardware and software to manage the system. He said staff will maintain the
system once the hardware has been installed. Mr. Speer also mentioned that the
project has been approved and budgeted in the current year's Capital Projects
budget. Mayor Davis asked how long the units were anticipated to last. Mr. Speer
said the product has a 12-year component warranty and he anticipates replacement
will begin at approximately year ten. Councilmember Begert asked if additional
employees will be hired to manage the new system. Mr. Speer said no. Mr. Speer
also mentioned that the Public Works Advisory Committee has been provided
information about this system and they were enthusiastic and encouraging on its
implementation. He also stated this technology has been around for twenty years.
Councilmember Moore asked if there will be cost savings as well as management
savings. Mr. Speer said the current budget allocated for meter readers will be
reassigned to installation and maintenance of the new system. He said any savings
will be used to upgrade the system as necessary. He also mentioned that he
anticipates costs savings from quick identification of water loss due to leaks or other
system issues with the electronic accuracy of this system.
There were no further questions for Mr. Speer and Mayor Davis asked for a motion.
A motion was made by Councilmember Begert, seconded by Councilmember
Moore, that this Contract be approved. The motion carried by the following
vote:
Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
5 -
PUBLIC COMMENTSV.
No one wished to address the Council under Public Comments.
ADJOURNMENTVI.
As there was no further business, Mayor Davis adjourned the meeting.
Considered and approved this 2nd day of July 2013:
_____________________________
W. Richard Davis, Mayor
ATTEST:
_____________________________
Elizabeth Spector, City Secretary
Page 5City of University Park
Page 11 of 94
AGENDA MEMO
7/2/2013 Agenda
TO: Honorable Mayor and City Council FROM: Gerry Bradley, Director of Parks
SUBJECT: Proposed Amendments to the Park Ordinance
BACKGROUND:
For the past several months, staff has been working with City Council and the Park Advisory Committee, along with citizen input to develop amendments to the Park
Ordinance primarily dealing with for-profit use of our park system. A revised draft will be reviewed by City Council during the July 2, 2013 meeting.
RECOMMENDATION:
Staff will take direction from City Council on how to proceed with the revised ordinance.
Page 12 of 94
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY
AMENDING ARTICLE 1.09, DIVISION 3 “TENNIS COURTS” REGULATING USE
OF TENNIS COURTS AND ADDING A NEW SECTION REGULATING TENNIS
INSTRUCTORS USING CITY TENNIS COURTS; AMENDING SECTION 1.09.151 TO
REGULATE COMMERCIAL USE OF PARKS; AMENDING SECTION 1.09.153
REGULATING SPORTS CLINICS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS:
SECTION 1. That Chapter 1, Article 1.09, of the Code of Ordinances, City of University
Park, Texas, is hereby amended by amending Division 3 “Tennis Courts” in part as follows:
“Division 3. Tennis Courts
…
Sec. 1.09.072 Reservations; closing time
Only persons with a current tennis court permit can make a tennis court reservation. Reservations
may only be made for a current permit holder. No person may exclusively use any tennis court at a particular time without a reservation having been made with a representative of the parks
department. No permit holder may reserve a court for more than 1.5 hours per day. A permit
holder must have his or her permit card in his or her possession at all times when using a reserved
City tennis court. Reservations must be cancelled within a reasonable time in advance of the time
reserved if the resident is unable to use the reserved court. Repeated violations of the policies of this Division may result in cancellation of the violator’s tennis court permit. The City reserves the
right to reschedule reservations due to court or lighting maintenance requirements.
Notwithstanding that the parks are open until 11:00 p.m. daily, tennis courts shall close at 10:00
p.m. daily so as to reduce lighting impact and noise in the neighborhood surrounding the tennis
court.
…
Sec. 1.09.074 Permits
Page 13 of 94
A qualified resident of the City, upon making application, may secure an annual tennis permit.
Residents of the area of the City of Dallas known as Greenway Parks, lying generally between
the Dallas North Tollway, Mockingbird Lane, Inwood Road, and University Blvd., shall be authorized to secure an annual tennis permit for use of the tennis courts at Germany Park only.
Such permit shall be numbered and coded so as to indicate the time of its validity. The charges
for individual tennis permits, under twelve years of age permits and over sixty-five years of age
permits shall be established by resolution of the City Council. The permit number shall be used
in obtaining a reservation from the reservations office.
… Sec. 1.09.076 Tennis instructors
All tennis instructors who wish to use the tennis courts of the City for instructing tennis pupils must secure a permit from the City. The permit application must be submitted with an instructor permit fee as set by appropriate resolution of the City Council. A registered tennis instructor must have his
or her permit in his or her possession at all times when providing instruction on a City tennis court.
Tennis instructors may provide instruction on a City tennis court only to persons holding a current
City tennis court permit, and the permit holder’s invited guests who are present, and who have reserved the tennis court for that time period. Tennis instructors shall not be permitted to make
tennis court reservations. Any violation of this section by a tennis instructor may result in the
cancellation of his or her instructor permit and any and all privileges associated with the use of the
permit.”
SECTION 2. That Chapter 1, Article 1.09, of the Code of Ordinances, City of University
Park, Texas, is hereby amended by amending Division 5 “Reservation of Parks and Playing Fields”
in part as follows:
“Division 5 Reservation and Use of Parks and Playing Fields
Sec. 1.09.151 Use of parks and park facilities for individual or group training or instruction
...
(b) …No person shall sell, offer for sale or solicit the sale of any food or other merchandise in a
public park. Except as provided in this Section, no person shall offer any services for monetary gain
in a public park. The policies of this section shall not apply to persons acting pursuant to and with the written authorization of the City Council or its designee.
…
(d) Any group of two hundred (200) or more people not sponsored by the City and desiring to
use a City park as a gathering place or for an event or function of any kind shall be subject to the
following requirements: [remainder of section language remains unchanged]
Page 14 of 94
(e) All individuals or groups conducting any type of for-profit camp, clinic or personal
instruction in City parks must register annually with the City. Registrations must be submitted with
annual fees as set by appropriate resolution of the City Council. An instructor must have his or her registration card in his or her possession at all times when providing physical training or instruction
to an individual or group in a City park. At least 51% of the participants must be City residents.
The instructor will furnish a roster of participants to the parks department at least three days in
advance of the beginning of instruction, provided that the Director of Parks or his designee may, for
good cause shown, waive or vary such three day requirement when he finds it to be in the best interest of the City and the participants. The Director of Parks, or his designee, will specify a
location in a park for conduct of each training group based on planned activity and group size.
Classes shall not be permitted to use playgrounds, swimming pools, gazebos or other structures,
picnic tables or benches, fences, utility poles, picnic areas, basketball or tennis courts to conduct
physical training or instruction to an individual or group.
(f) The use of lights, or equipment weighing more than twenty-five (25) pounds, is prohibited.
Physical training or instruction may not be conducted in a park before 6:00 a. m. or after 10:00 p. m.
All City, YMCA and HPISD programming will have priority at all times over use of a City park by
an instructor. The use of park and City structures as workout devices or for anchoring is prohibited. Park benches and picnic tables may not be used for physical training activities, such as for step-ups.
Resistance bands may not be connected to park fencing, signs, poles, trees or shrubs, drinking
fountains or any other appurtenance in the park. Any violation of this section by an individual or
group may result in the cancellation of his or her registration.
(g) Amplified music and bullhorns are prohibited in a City park, except for authorized City
programs. Interruption of another person’s park use or reservation is prohibited. The use of signs or
banners to advertise on park property is prohibited. The use of profanity in the parks is prohibited.
The City reserves the right to reschedule any reservation due to maintenance requirements.
…
Sec. 1.09.153 Sports clinics
(a) [current section language unchanged]
(b) No person shall operate a sports clinic in a City park without registration with the parks
department. A registration fee established by appropriate City Council resolution shall be required
with an application to conduct a sports clinic. The registration fee must be paid at least three
business days prior to the operation of the sports clinic. The person registered to operate a sports clinic shall submit a roster of participants at least one week prior to the operation of the sports clinic.
At least 51% of its participants listed on the roster shall be City residents. No park site will be
reserved for a sports clinic or clinics for more than one week in any month. “Seasonal rental
period” is March, April, May, June and July. Field rentals for sports clinics will be allowed only
during the seasonal rental period, and may only operate in Burleson, Caruth and Coffee parks.
(c) Amplified music and bullhorns are prohibited in a City park, except for authorized City
programs. Interruption of another person’s park use or reservation is prohibited. The use of signs or
banners to advertise on park property is prohibited. The use of profanity in the parks is prohibited.
The use of tennis courts for sports clinic activities is prohibited. Using fields during inclement
Page 15 of 94
weather closure is prohibited. The City reserves the right to reschedule any reservation due to
maintenance requirements. Any violation of this section by a registered sports clinic operator may
result in the cancellation of his or her registration.”
SECTION 3. All provisions of the ordinances of the City of University Park in conflict
with the provisions of this ordinance are hereby repealed.
SECTION 4. The provisions of this ordinance are severable and should any such provision
be declared unconstitutional, such shall not affect any of the remaining provisions hereof or the
Code of Ordinances as amended hereby.
SECTION 5. Any person violating any of the provisions of this ordinance or the Code of
Ordnances as amended hereby, shall be deemed guilty of a misdemeanor and upon conviction in the
Municipal Court shall be subject to a fine not exceeding five hundred dollars ($500.00) for each
offense.
SECTION 6. 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 this ____day
of ______ 2013.
APPROVED:
______________________________ W. RICHARD DAVIS, MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ________________________________
CITY ATTORNEY LIZ SPECTOR, CITY SECRETARY (rld/4-15-13/60706)
Page 16 of 94
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY
AMENDING ARTICLE 1.09, DIVISION 3 “TENNIS COURTS” REGULATING USE
OF TENNIS COURTS AND ADDING A NEW SECTION REGULATING TENNIS
INSTRUCTORS USING CITY TENNIS COURTS; AMENDING SECTION 1.09.151 TO
REGULATE COMMERCIAL USE OF PARKS; AMENDING SECTION 1.09.153
REGULATING SPORTS CLINICS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
DULY ADOPTED by the City Council of University Park, Texas on the ____ day of ____
2013.
APPROVED:
__________________________________
MAYOR
ATTEST:
__________________________________ CITY SECRETARY
Page 17 of 94
AGENDA MEMO
7/2/2013 Agenda
TO: Honorable Mayor and City Council FROM: Kent R. Austin, Director of Finance
SUBJECT: Amendments to master fee schedule—parks and police
BACKGROUND:
Included on the July 2, 2013, agenda is a resolution amending the City’s master fee schedule. The proposed fee changes relate to use of City parks and playing fields, as
discussed over the past two months. Also included is a Police Department item for copies of Online Accident Report Distribution Systems
RECOMMENDATION:
Staff recommends approval of the resolution amending the master fee schedule.
Page 18 of 94
RESOLUTION NO. _________________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, AMENDING APPENDIX A, FEE SCHEDULE, OF THE UNIVERSITY PARK CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS: SECTION 1. That Appendix A of the Code of Ordinances is hereby amended by as
follows in Exhibit A.
SECTION 2. This Resolution shall take effect immediately from and after its passage,
and it is accordingly so resolved.
DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd
day of July, 2013.
APPROVED:
__________________________________ W. RICHARD DAVIS, MAYOR
ATTEST:
_________________________________ LIZ SPECTOR, CITY SECRETARY
Page 19 of 94
EXHIBIT A
CITY OF UNIVERSITY PARK, TEXAS
APPENDIX A, FEE SCHEDULE, CODE OF ORDINANCES
ARTICLE A4.00 PUBLIC SAFETY AND JUDICIAL
. . .
Sec. A4.002 Online accident reports The fee per copy of an online accident report shall be eight dollars ($8.00).
. . .
ARTICLE A6.00 PARKS AND RECREATION . . .
Sec. A6.002 Tennis permits and instructor registration
(1) All qualified residents of the city, upon making application with the Parks Department,
may secure an annual tennis permit. Such permit shall be numbered and coded as to indicate the time of its validity. The charge shall be as follows:
Individual permit $20.00
Children 12 and under $10.00
Persons over 65 $10.00
(2) Professional instructors shall pay an instructor permit fee of fifty dollars ($50) per year.
. . . Sec. A6.005 Park reservations for sports clinics, boot camps, and personal instruction
(a) Any individual or group wishing to use a City park or playing field to conduct a sports
clinic, boot camp or provide personal instruction as a profit-making venture shall reserve the
park or playing field and pay the appropriate fee as follows:
Participants Amount
1 – 10 $50.00
11 – 25 $100.00
26 - 40 $500.00
Page 20 of 94
(b) Personal trainers, boot camp instructors, and other paid professional trainers using the parks must also pay an instructor permit fee of fifty dollars ($50) per year.
(c) A refundable damage deposit of two hundred fifty dollars ($250.00) shall also be collected
from sports clinics, boot camps or personal instruction for groups with more than 25 participants.
Sec. A6.006 Park reservation fees
(a) Any organized group not sponsored by the city and having special features (i.e., pony rides, petting zoos, bounce machines, port-a-lets, tents, etc.) which wishes to use a park, must
make a reservation with the park department, make a two hundred fifty dollar ($250.00)
refundable deposit, and pay a rental fee according to the following schedule:
Number of Persons Fee Amount
1–25 $25.00
26–50 $50.00
51–99 $100.00
100–199 $200.00
*200–299 $300.00
*300 and up $500.00
* Groups larger than 199 will only be allowed with the approval of the City Council
(b) Deposits are not required for groups of twenty-five (25) or fewer who wish to reserve a
park without special features.
(c) Baseball fields may also be reserved for an additional fee of ten dollars ($10.00) per hour.
Page 21 of 94
AGENDA MEMO
7/2/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Harry Persaud, MRTPI, AICP, Chief Planning Official
SUBJECT: Hold a public hearing on a request to amend the Special Sign District for
the Plaza at Preston Center to allow for a specified number of colors for signage within the shopping center.
BACKGROUND: City Council approved a comprehensive amendment to the special sign district for the
Plaza at Preston Center on March 20, 2012 to include signage for the new office building and public library. The current special sign district does not include any provision limiting the number of colors for signage within the district. Recently, a sign permit for
Sprinkles Cup Cakes was denied because the proposed signs provided for a total of eight colors in violation of Section 3.09.018 of the Sign Regulations as follows:
“Signs shall be limited to not more than three (3) colors. For the purpose of this section, “sign” shall include the lighting or illumination, and, in the case of a sign placed on a
building surface without any border and with its background the same color as the
building surface, the color of the building surface shall not be considered as a color of the sign. Shades or blendings of color shall each constitute a separate color. Also, for
the purposes of this section, black and white shall not be considered colors.” (1996
Code, sec. 12.220)
Venture Commercial then requested an amendment to the Special Sign District to
exclude certain items considered as “trade dress” from the definition of signage such as light fixtures, storefront colors and materials, and specific architectural features
associated with a particular business. UDADAC considered the request at its June 11, 2013 meeting and concluded that it would be in the public interest to resolve the issue by increasing the number of colors for signage within the district.
RECOMMENDATION:
Urban Design and Development Advisory Committee (UDADAC) considered this item on
06.11.13 and voted 6 to 2 to recommend that signage within the shopping center be
limited to not more than 10 colors.
Page 22 of 94
Page 23 of 94
ORDINANCE NO.______________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR THE
PLAZA AT PRESTON CENTER, TO ALLOW SIGNS TO CONTAIN NOT MORE
THAN TEN (10) COLORS; 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 FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Urban Design and Development Advisory Committee of the City has
considered a request for amendment of Ordinance No. 90/6, the Special Sign District for the Plaza at
Preston Center, as heretofore amended; and
WHEREAS, the Committee is of the opinion that such amendment will result in benefits to
the public health, safety and general welfare and is in the interest of the City of University Park, and has recommended to the City Council that such amendment be approved; and
WHEREAS, the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such special sign district should be
amended as requested; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The Urban Design and Development Advisory Committee has considered a
request for amendment of Ordinance No. 90/6, which granted a Special Sign District for the Plaza
at Preston Center, and such amendment has been approved by the Committee as beneficial to the
public health, safety, and general welfare and in the interests of the City of University Park. The
City Council hereby determines that ordinance No. 90/6, the Special Sign District for the Plaza at
Preston Center, as heretofore amended, should be further amended in accordance with the
following section.
SECTION 2. The Special Sign District is amended to permit additional colors on signs, to
wit: Signs shall be limited to not more than ten (10) colors. For the purposes of this section,
Page 24 of 94
“sign” shall include the lighting or illumination, and, in the case of a sign placed on a building
surface without any border and with its background the same color as the building surface, the
color of the building surface shall not be considered as a color of the sign. Shades or blendings
of color shall each constitute a separate color. Also, for the purposes of this section, black and
white shall not be considered colors.
SECTION 3. Any provision of Ordinance No. 90/6, as heretofore amended, in conflict
with the provisions of this ordinance with regard to the signage permitted for the Plaza at Preston
Center is hereby repealed.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same
shall not affect the validity of this ordinance as a whole, or any part of provision thereof, other than
the part decided to be invalid, illegal or unconstitutional.
SECTION 5. 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 subject to a fine not to exceed the sum of five hundred
dollars ($500.00) for each offense, and each and every day such offense shall continue shall be
deemed to constitute a separate offense.
SECTION 6. 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 ___________ 2013.
APPROVED: ___________________________________
Page 25 of 94
W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: ________________________________ ___________________________________
CITY ATTORNEY LIZ SPECTOR, CITY SECRETARY
(RLD/61044; 6-13-13)
Page 26 of 94
ORDINANCE ________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR THE
PLAZA AT PRESTON CENTER, TO ALLOW SIGNS TO CONTAIN NOT MORE
THAN TEN (10) COLORS; 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 FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day
of _________ 2013.
APPROVED: ____________________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
____________________________________
LIZ SPECTOR, CITY SECRETARY
Page 27 of 94
URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE
MINUTES
June 11, 2013
The Urban Design & Development Advisory Committee of the City of University Park met on Tuesday, June 11,
2013 at 1:30 P.M. at the Peek Service Center, 4420 Worcola Street, Dallas, Texas. The following are minutes of
that meeting.
Committee Members Attending: Staff Members Attending:
Mike Culwell - Chairman
Eurico Francisco Bud Smallwood – Public Works Director
Doug Smellage Jacob Speer – Assistant Director of Public Works
Spence Kendrick Robbie Corder – Community Development Director
Diana Byrd Harry Persaud – Chief Planning Official
Bruce Collins George Ertle – Assistant to the City Manager
Brian Hammer Amanda Hartwick – Planning Technician
Charlie Little
Councilmember in Attendance: Guests:
Bob Clark Mike Geisler, Representing the Plaza at Preston Center
Absent and Excused:
Jason Mackey
Tom Weber
William “Rusty” Goff
Cindy Kipp
1. Call to Order
Bud Smallwood opened the meeting at 1:35pm.
2. Discuss a Proposed Amendment to the Special Sign District for the Plaza at Preston Center
Harry Persaud addressed the committee regarding the proposed amendment to the Special Sign District
specifically concerning the signage for Sprinkles Cupcakes. Mr. Persaud indicated the limitations on the
number of colors stipulated by the current ordinance did not allow for Sprinkles Cupcakes to sign their
business in a manner consistent with other store locations. He indicated the “multi-colored dots” are
Sprinkles Cupcakes logo / icons. Mr. Persaud suggested trade dress, i.e. national branding, no longer be
considered as “signage” in the City’s sign ordinance.
Discussion ensued regarding the consequences of removing trade dress from the sign ordinance and the
definition of signage. Mr. Persaud reminded the committee the proposed amendment would affect only
sign district for the Plaza at Preston Center and not the City’s sign ordinance He also indicated the
committee could recommend allowing 9 -10 colors for the special sign district.
Page 28 of 94
Doug Smellage moved to change the wording of the special sign district regulations for the Plaza at
Preston Center from “Signs shall be limited to not more than three (3) colors.” to “Signs shall be limited to
no more than ten (10) colors.” Spence Kendrick seconded the motion. Six committee members voted in
favor while two abstained.
3. Discuss a potential E-Waste drop-off location
George Ertle addressed the committee regarding establishing a permanent location for electronic
recycling rather than a bi-annual collection event. Discussion ensued and it was decided the best option
would be to have both.
4. Review and Approve Minutes of the April 24, 2013 meeting
Mr. Smellage moved to approve the minutes, and Mr. Kendrick seconded the motion. All members
present voted in favor.
5. Adjournment
The meeting was adjourned at 2:30pm.
_______________________________ ____________________
M. Culwell, Chairman, Date
U.D.A.D.A.C.
Page 29 of 94
AGENDA MEMO
7/2/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Harry Persaud, MRTPI, AICP, Chief Planning Official
SUBJECT: Consider an Ordinance amending the Special Sign District for the Plaza
at Preston Center to allow signage to contain not more than ten colors.
BACKGROUND:
Please see memo submitted for public hearing on this item.
RECOMMENDATION:
Urban Design and Development Advisory Committee (UDADAC) considered this item on 06.11.13 and voted 6 to 2 to recommend that signage within the shopping center be
limited to not more than 10 colors.
Page 30 of 94
ORDINANCE NO.______________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR THE
PLAZA AT PRESTON CENTER, TO ALLOW SIGNS TO CONTAIN NOT MORE
THAN TEN (10) COLORS; 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 FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Urban Design and Development Advisory Committee of the City has
considered a request for amendment of Ordinance No. 90/6, the Special Sign District for the Plaza at
Preston Center, as heretofore amended; and
WHEREAS, the Committee is of the opinion that such amendment will result in benefits to
the public health, safety and general welfare and is in the interest of the City of University Park, and has recommended to the City Council that such amendment be approved; and
WHEREAS, the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such special sign district should be
amended as requested; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The Urban Design and Development Advisory Committee has considered a
request for amendment of Ordinance No. 90/6, which granted a Special Sign District for the Plaza
at Preston Center, and such amendment has been approved by the Committee as beneficial to the
public health, safety, and general welfare and in the interests of the City of University Park. The
City Council hereby determines that ordinance No. 90/6, the Special Sign District for the Plaza at
Preston Center, as heretofore amended, should be further amended in accordance with the
following section.
SECTION 2. The Special Sign District is amended to permit additional colors on signs, to
wit: Signs shall be limited to not more than ten (10) colors. For the purposes of this section,
Page 31 of 94
“sign” shall include the lighting or illumination, and, in the case of a sign placed on a building
surface without any border and with its background the same color as the building surface, the
color of the building surface shall not be considered as a color of the sign. Shades or blendings
of color shall each constitute a separate color. Also, for the purposes of this section, black and
white shall not be considered colors.
SECTION 3. Any provision of Ordinance No. 90/6, as heretofore amended, in conflict
with the provisions of this ordinance with regard to the signage permitted for the Plaza at Preston
Center is hereby repealed.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same
shall not affect the validity of this ordinance as a whole, or any part of provision thereof, other than
the part decided to be invalid, illegal or unconstitutional.
SECTION 5. 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 subject to a fine not to exceed the sum of five hundred
dollars ($500.00) for each offense, and each and every day such offense shall continue shall be
deemed to constitute a separate offense.
SECTION 6. 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 ___________ 2013.
APPROVED: ___________________________________
Page 32 of 94
W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: ________________________________ ___________________________________
CITY ATTORNEY LIZ SPECTOR, CITY SECRETARY
(RLD/61044; 6-13-13)
Page 33 of 94
ORDINANCE ________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR THE
PLAZA AT PRESTON CENTER, TO ALLOW SIGNS TO CONTAIN NOT MORE
THAN TEN (10) COLORS; 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 FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day
of _________ 2013.
APPROVED: ____________________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
____________________________________
LIZ SPECTOR, CITY SECRETARY
Page 34 of 94
AGENDA MEMO
7/2/2013 Agenda
TO: Honorable Mayor and City Council FROM: Robbie Corder, Director of Community Development
SUBJECT: Discuss objects allowed in the required front yard under the City's
Comprehensive Zoning Ordinance
BACKGROUND:
Section 21-100 (4) (b) of the comprehensive zoning ordinance regulates features
allowed within the required front yard of residential properties. Various amendments
have been made to this ordinance to address development rights within the front yard. Most recently the ordinance was amended in 2006 to clearly identify which features (i.e.
art, flagpoles, columns, etc) would be allowed in the front yard. Meeting minutes from
the 2006 City Council meetings are attached.
Staff has received two requests to re-examine this section of the ordinance. The first
request is to determine whether temporary recreational items should be regulated under the zoning ordinance. In 2006, the City Council determined that temporary recreational
items would not be regulated; therefore, pitching nets, trampolines, children’s play
equipment, and basketball goals not affixed in or on the ground were permitted in the front yard.
The second request is from a University Park resident, Erin Schreyer, who resides at 3301 Colgate. A notice of code violation was issued to Mr. & Mrs. Schreyer for a
basketball goal installed in the front yard. They are asking the City Council to consider adopting regulations that would permit the type of basketball installation at their
residence.
RECOMMENDATION:
Staff requests direction from City Council on this item.
Page 35 of 94
June 11, 2013
To: Mr.Bob Livingston,
University Park , City Manager
From: The Schreyer Family
3301 Colgate Ave., University Park
RE: Basketball hoop
Dear Mr. Livingston and esteemed City Council,
Our family has lived in University Park for just under two years, after moving here from our
hometown of Cincinnati, Ohio. We chose this community for its family appeal, excellent
schools, and beautiful homes and parks.
We are proud to be part of this community. We paid a premium price for our home, simply
becauseAitAisAinAUniversityAPark,AandAweAbelieveAit’sAworthAtheAinvestment.AAIt’sAcertainlyAourA
desire to protect this investment with care and attention to detail; to ensure our home, like
others, maintains standards, and also to protect our children’sAsafety.
On June 8, 2013, we received a letter in the mail stating that we are in violation of a Zoning
Ordinance. The code violation states, basketball net placed in the front drive will need to be
removed. Only freestanding nets are allowed. We were also directed to Section 21-22 of the
Zoning Ordinance, which makes no specific mention of basketball hoops and does not, with
clarity, provide guidance or appropriateness of such a piece of sporting equipment.
With that in mind, our family researched basketball hoops. We found that there are three
categories of hoops:
1. Portable – a basketball goal with a large plastic or fiberglass base, which is typically
filled with at least 50 gallons of sand or water for added stability. Some units include
wheels, which may be helpful for movement, only after all water and sand has been
removed,AthusAdecreasingAtheAweightAtoAaA“moveable”AnumberAofApounds.
2. Permanent – a basketball goal that requires a large hole to be dug, in which
concrete is poured around a metal pole structure to support the hoop. Because the
concrete is poured directly around the pole, it requires concrete to be broken and
removed in order to also remove the basketball hoop.
3. Replaceable – a concrete base is poured into a hole dug into the ground. On top of
the flat base is a metal plate that is affixed to the concrete, also laying flat. A
basketball pole and hoop (in one structure) are bolted to the metal plate with four
large bolts. The benefit of this category of hoop is that when the hoop becomes old,
outdated, broken or no longer used, it can easily be removed from the plate by
loosening the four bolts. A new and improved basketball goal can be affixed to the
same plate, or the plate can simply remain flat on the ground without anything.
I have attached a photo of our current basketball goal, which is replaceable. I have also
included a close up view of the base.
Page 36 of 94
This basketball hoop is one of the highest-quality hoops made. It has great technology, as
well as a sleek and professional appearance. Not only that, but it is a SAFE option for our
children and their friends. The backboard is shatter-proof,AandAtheApole,AbecauseAofAhowAit’sA
secured, cannot be pulled over and topple them.
Through research and conversations with several City employees, it has been explained to
me that only a fully portable basketball hoop is compliant with City regulations. Below is a
photoAofAtheAcomparableAbasketballAhoop,AwhichAwouldAmeetAtheACity’sAguidelines.
Page 37 of 94
As previously stated, this goal has a 50-gallon base, which the manufacturer recommends
filling with either water or sand. If the base was filled as the manufacturer suggests for
safety, the base alone would weigh 417 pounds if filled with water, and 625 pounds if filled
with sand. EitherAofAtheseAoptionsArenderAaA“portable”AhoopAratherAun-portable in the end.
Without a properly filled base (and even WITH the base filled) all portable hoops bring with
them the risk of tipping, either in severe weather conditions or with the weight of kids
attempting to dunk a basketball.
Our current situation:
Today, in our spacious circular drive, our hoop is installed on the side of the driveway,
closer to our house than the road. Neighborhood kids gather to play and get healthy
exercise while improving athletic skills. We have never received one complaint.
In addition, upon requesting feedback from the neighbors on our block, we have received
nothing but support for our current basketball goal. Following are just some of the
comments, which they were happy to share:
I really prefer your basketball goal that is currently there and not a replacement temporary
goal that is much more unsightly than the professional goal you have. Your goal is removable
and I believe the ordinance needs to be updated to represent the current technology. And I
have the direct view of your driveway from 3232 Colgate, not looking forward to a
replacement ugly goal. I hope the ordinance can be updated. Thank you, Bridey Meinecke
Ironically a friend and I were discussing how wonderful it was to see the kids on the block
playing in their yards as we did when we were young. The basketball goal is very
tastefully done and MUCH better looking than the plastic portable ones. You've our
vote. Mary Markham
Page 38 of 94
Your basketball goal is far from an eyesore! The Welp family is in favor of it 100%. I think the
argument could be made that yours is just as portable as a goal that is labeled portable! Betsy
Welp
The Lucas family thinks it looks great! It is nice to have young children in the neighborhood
playing outdoors again. We are all for it!! Randy Lucas (Directly facing our house)
We prefer what you have! I think it looks great. Tia and Sam Pettijohn (directly next-door)
It looks FAR better the way you have it now!! (Tasteful and clean). Stephanie Linder
We support you! Let's keep our HOME court. Mary Beth and Sean Duffy
Page 39 of 94
The dilemma:
ccordingAtoAwhat’sAbeenAexplainedAtoAmeAabout the current ordinance, our only option
would be to replace this basketball hoop (which is safe, tasteful and acceptable to all of our
neighbors) with a comparable portable hoop that is bulkier, less attractive, and perhaps just
as un-portable, given theAmanufacturer’sArecommendedAguidelinesAforAsafety.
The letter notifying us of our code violation stated that our cooperation is appreciated to
make University Park a healthier, safer and more beautiful place in which to live. The
problem is that a portable basketball hoop helps to achieve none ofAthoseAthings.AAIt’sAnotA
healthierAorAsafer,AdueAtoAtheAriskAofAinstabilityAandAinjury.AAIt’sAmostAcertainlyAnotAmoreA
beautifulAeither,AgivenAtheAsize,AdesignAandAmaterialsAused.AAIfAtheACity’sAdesireAisAtrulyAtoA
achieve these elements, then consideration for a replaceable hoop, which meets these
criteria, should be an option.
Our recommendation (which is a WIN for all!)
We would like to propose that this City ordinance be amended to allow for replaceable
basketball goals in front driveways. Because we, too, want to maintain our high standards
and ensure that we keep our City beautiful, we would also propose the following details:
Basketball hoops cannot include a pole that is surrounded by poured concrete;
rather, it must include either a fully portable or semi-permanent base that can allow
for removal and/or replacement.
Replaceable goal base mounts must be either flush with the ground or no more than
two inches above the ground.
The basketball goal must be regularly maintained, just as the home. Upkeep should
be consistent and the metal can show no signs of rust.
Basketball nets must be attached, not broken or hanging irregularly.
Goal backboards must be made of clear material and shatter resistant. Any sign of
shattering or cracking will require a new backboard installation.
The goal should be functionally operational and standing fully upright.
We believe the above recommendations will provide the best options for a safe and
beautiful home basketball solution for the families of University Park. We feel strongly that
this should be accepted, due to the number of families that live in and are drawn to our
community for the family environment and superb schools. This solution maintains
community standards and encourages healthy activity among residents.
The alternative, again, is a replacement of this sleek andAsafeAdesignAwithAaA“compliant”AhoopA
that is larger, not-as-safe, and not the preference of anyone who sees the hoop on a daily
basis.
A replaceable basketball hoop is a very reasonable solution and allows everyone in the
community to win. We ask that you consider amending this Ordinance and save the future
ofA“homeAcourt”AbasketballAinAourAbelovedACity.
Respectfully submitted,
Erin Schreyer, on behalf of the entire Schreyer family
Page 40 of 94
(4) Special Yard Requirements
Nothing herein is intended to allow the obstruction of a corner lot sight line as
otherwise provided for in the Code of Ordinances.
(a) Front
i. Where the frontage on one side of the street between two (2) intersecting
public rights-of-way is divided by two (2) or more districts, the required front
yard shall comply with the requirements of the most restrictive district for the
entire frontage.
ii. If buildings in a residential block have observed an average setback which
is greater or less than the required front yard established for the district, the
average front yard of all buildings in the block shall establish the minimum
required front yard; but in no case shall the setback be less than the minimums
listed below.
SF-1 SF-2 SF-3 SF-4
Minimum Setback
(ft.)
50 30 30 25
iii. Any vacant lot or lot on which a structure is to be demolished or removed
shall be assumed to have a setback equal to the average setback for that block
for purposes of computing the average setback as shown in the illustration
below [above]. In calculation of the average of the block, all buildings will be
used to establish an initial average and then any structure observing a setback
greater than ten feet (10') from the initial average will not be used in computing
the final block average.
Page 41 of 94
iv. Where lots run through from one street to another and have double
frontage, the required front yard shall be provided on both streets unless the
building line for accessory buildings has been established along one street by
ordinance, approved plat, or by usage, in which event, only one (1) required
front yard shall be observed.
(b) Features Allowed in the Required Front Yard
Except as provided in the following subparagraphs, no accessory structure,
portable storage container, object, or appurtenance shall be permitted to be
placed or maintained in a required front yard in a residential district in the
City.
i. A portable storage container may be placed in a required front yard in a
residential district for a period not exceeding one week to provide temporary
storage for personal property from the residence to facilitate relocation and
moving of household items to or from the residence.
(Ordinance 05/30 adopted 9/6/05)
ii. Freestanding columns, not exceeding 2' by 2' in area on a lot that is 60' or
less in width, or 3' by 3' in area on a lot that is greater than 60' in width;
statuaries; bird baths; pedestals; and other art objects. All such features shall be
constructed of permanent materials. Not more than four freestanding items shall
be located within the required front yard of each platted lot. The total height of
any such item, including any light, lamp fixture, capstone or other
ornamentation mounted on top thereof, shall not exceed five feet (5') as
Page 42 of 94
measured from the lowest grade abutting the item. Residential lots larger than
one acre and located in an SF-1 zoning district may have freestanding columns,
including any light, lamp fixture, capstone or other ornamentation mounted on
top thereof, not exceeding eight feet (8') in height measured from the lowest
grade abutting the item. (Ordinance 08/35 adopted 6/17/08)
iii. Decorative metal banisters and handrails that have three inches (3") clear
vision between vertical posts, provided such vertical posts are a maximum of
one inch (1") in width and do not exceed forty-eight inches (48") in height.
iv. Lawn furniture, including benches, tables and stools which do not exceed
thirty inches (30") in height.
v. Earth berms for landscaping and screening purposes, constructed of
permanent material approved by the Community Development Manager, may
be installed in the required front yard, provided that the height of the berm shall
not exceed one foot (1') of height for each two feet (2') of horizontal distance.
Furthermore, the crown of the berm shall not exceed three feet six inches (3'6")
in height. Retaining walls not exceeding the height of the crown of a berm may
be used to retain the berm. Berms shall not be located or erected so as to
obstruct or interfere with vision of the public street by a vehicle driver entering
or leaving the premises by a front drive.
vi. Retaining walls may be constructed in the required front yard provided
that such walls are not higher than twenty-four inches (24") above the average
natural grade of the front yard.
vii. Eaves and roof extensions may project into the required front yard for a
distance not to exceed three feet (3'). Bay windows and chimneys may extend
into the required front yard not to exceed eighteen inches (18"). An unenclosed
and uncovered porch, not to exceed thirty inches (30") in height from average
natural grade to the finished floor, may extend into the required front yard not to
exceed six feet (6'). A balcony on the front of any structure shall not extend into
the required front yard.
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(Ordinance 05/30 adopted 9/6/05)
viii. One flag pole for each platted lot, provided that the height of the flag
pole shall not exceed twenty-five feet (25') measured from the natural grade, set
back a minimum distance equal to the height of the flag pole, measured at
natural grade, from all adjoining property lines. The size of the flag shall be
appropriate for the height of the flag pole, but shall in no event exceed twenty-
four (24) square feet in area.
ix. Not more than four items of yard art for each platted lot, not to exceed five
feet (5') in height or twenty (20) cubic feet in volume for each item, and placed
so as to be set back from all adjacent property lines a minimum distance equal
to the height of the item of yard art.
x. A lamp post that is not a freestanding column, is not more than six inches
(6") in diameter, and is not more than eight feet (8') in height.
xi. All items listed in this subsection as being allowed in a required front yard
must be constructed of permanent materials approved by the community
development manager.
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AGENDA MEMO
7/2/2013 Agenda
TO: Honorable Mayor and City Council FROM: Jim Criswell, Director of Information Services
SUBJECT: Consider Approval of a Proposal from Tyler Technologies for
Purchase of the Brazos Electronic Citation Solution
BACKGROUND:
In July, 2010, the City implemented Tyler Technologies’ Incode Court System to manage
the citations processed by the Municipal Court, and in September of 2010, the Police
Department implemented the Sungard OSSI Records Management System. Currently, citations are manually entered into OSSI records, and an electronic interface passes the
citation information from OSSI to the Incode Court System.
To eliminate manual entry, create better accuracy, and expedite citation processing for
both moving violations and parking tickets, implementing the Brazos e-Citation Solution will provide a proven product to increase the efficiency of our operation. This system is widely used throughout the country, and in Texas, the system is active in over 170 cities,
including Dallas, Southlake, Keller, Coppell, Frisco, and Plano. Officer Al Rosales recently conducted an electronic ticket writing survey of seven cities
in the Metroplex. Five of those cities use the Brazos solution, and it was highly recommended by all agencies.
The Tyler proposal includes software licensing for 15 Handhelds and 15 laptops in the squad cars, 10 Motorola MC75A Handhelds, 10 Zebra RW420 Bluetooth Printers,
Language Translation, Implementation Services, and Training. The City will use 5
existing Motorola MC70 Handhelds for the parking ticket writers.
The web-based reporting engine and the web-based Citation Entry Screen (for entering
paper tickets) will provide the City with a complete citation solution.
The proposal includes the Brazos Technology Hardware and Software for $74,089, and the first year of annual maintenance for $13,875 for a total of $87,964.
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RECOMMENDATION:
This purchase from Tyler Technologies Contract # 113011-TTI with the National Joint
Powers Alliance (NJPA) cooperative purchasing association satisfies competitive bidding requirements.
Funding is available from the Court Technology Fund. This fund balance, currently $88,174.99, is created via a $4.00 per citation fee, and must be spent for Court related
technology improvements. The state-mandated fee applies only to moving violations.
Staff recommends approval of the Brazos e-Citation Solution proposal from Tyler
Technologies for $87,964.
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Proposal Brazos e-Citation Solution
Local Government Division
NJPA Contract #: 113011-TTI
Presented to:Jim Criswell
University Park
3800 University Blvd
University Park, TX 75205
(214) 987-5355
jcriswell@uptexas.org
Proposal date:June 25, 2013
Submitted by:DK Robertson
(800) 646-2633
dk.robertson@tylertech.com
Tyler Technologies
Local Government Division
5519 53rd Street
Lubbock, Texas 79414
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Investment Summary
Jim Criswell
University Park
Cost Breakdown Proposal Valid for 120 days
Software Cost Annual Fees
License Fees (Existing Customer)2,750 1,375
2,750 1,375
Hardware & Third Party Software Cost Annual Fees
Brazos Technology Software & Hardware 58,839 12,500
58,839 12,500
Professional Services Cost
Brazos Technology Software & Hardware 12,500
12,500
Project Total 74,089 13,875
June 25, 2013
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Software Licenses
Jim Criswell
University Park
Application Software QTY Base License Fee
NJPA
Discount %License Fee
Annual
Maintenance
Incode Court Case Management Suite 2,750 1,375
Brazos Citation Issuing Device Interface 1 3,05510%2,750
(Citation Import, Auto Citation Import, Warrant Export)
Incode Application Subtotal 3,055 2,750 1,375
Application and System Software Total 3,055 2,750 1,375
Accu4GL 0
June 25, 2013
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Brazos Technology e-Citations
Jim Criswell
University Park
Description QTY
Purchase
Price
Estimated
Services
Annual
MaintenanceWarranty Provider
June 25, 2013
Brazos eCitation Mobile Application Software
Brazos RDC Software 3025,500 10,500 Brazos
- Citations
- Warnings - Parking Tickets
- Field Interviews
- Stand-alone racial profiling (when not captured via other methods) - 1 Year Maintenance and Support
Brazos Interface to Court 1 N/C 1,000
Brazos Interface to Public Safety 1 N/C 1,000OSSI Connector will be built and implemented within the scope of this project to populate citation data from the Brazos server into the OSSI RMS.
Should the connector not be developed at time of go-lice, Brazos Technology will "data dump" all citation material from go-live to current once
connector is implemented.
**Brazos Technology Interface Only
Criminal Trespass Warning Task 12,500
Preferred Customer Discount 1(2,500)
Implementation Services 9,000
- One fee independent of number of devices - Customized Screen and Print Layouts (from an existing layout)
- Creation of Web report that is exactly like defendant citations
- Customization of Offenses (includes additional information) - Import of Officer Information
- Import of Location Information (if applicable)
- Implemenation of Bluetooth communication between mobile device and printer
- Installation of all software at customer site - Customization of additional reports
Training 3,500
- Two (2) days of officer/employee training
- One (1) day of administrator training
- Includes classroom and OJT training
- Maximum Group Size = 12
- All documentation
Travel and Expenses are billed as incurred
3rd party HW Purchase Services 301,500
(15 Printers, 15 Laptops)
Translation Services - $200 fee/language 1 200
Brazos Mobile Hardware
Motorola MC75A (2D Imager)1016,700 Motorola
- Includes AT&T, Verizon or Sprint Cellular Capability (must specify)
- 2 Mega-Pixel autofocus camera - Built-in GPS
- Extremely Bright 640x400 Full VGA Screen
- Microsoft Mobile v. 6 operating system
- 1 Year Warranty (Parts & Labor Only)Magnetic Stripe Reader Attachment 5 725
Brazos Mobile Hardware Accessories
Extended Warranty for MC75A/MC70 102,950
- 3 Years Bronze Support
- 3 to 5 day turnaround
- Comprehensive Coverage (no fault)
- Can only be purchased with new device
4-bay Docking Cradle for MC75A/MC70 (Highly Recommended)31,275 - Includes all cables (power supply and 6' network cable)
Additional MC75A Extended Life Battery 10 590
- 1.5x Battery
4-Bay Battery Charger for Extended Life Batteries 3 585
Brazos Mobile Printers and Accessories
Zebra RW420 Bluetooth Printer 107,310 Zebra
- One (1) Year Manufacturer's Warranty - Bluetooth Communications
Additional Batteries for RW420 8 624
Zebra Charger Quad Li-Ion 4-Bay Battery Charger 2 690
One Case (36 rolls) of standard thermal paper 2 190
Brazos Software and Services 27,20012,500 12,500
Brazos Hardware Devices and Printers 31,639
Brazos Technology Total 58,83912,500 12,500
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AGENDA MEMO
7/2/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Kent Austin, Director of Finance
SUBJECT: A resolution renewing the City's Investment Policy
BACKGROUND:
The Texas Public Funds Investment Act (PFIA, also Chapter 2256 of the Texas
Government Code) requires that a city’s governing body “review its investment policy
and investment strategies not less than annually” and that the policy be adopted by rule,
order, ordinance, or resolution. The City Council last approved University Park’s Investment Policy via resolution on July 3, 2012.
This year City staff proposed no changes to the investment policy, and there are no
amendments to the PFIA that would impact the City's policy. The Finance Advisory
Committee always reviews the proposed policy each year before making a recommendation to the Council.
The Committee met June 20 to consider the proposed investment policy. The Committee
recommended approval of the policy unanimously. Below is a summary of the
investment policy’s key points:
· Identification of the policy’s four objectives: safety, liquidity, yield, and
prudence. Safety is always the highest priority objective. Section 2-1 to 2-4.
· Description of eligible investments: U.S. Treasury and agency obligations; State of
Texas and related obligations; certain municipal bonds; repurchase agreements; CD’s;
money market mutual funds; and local government investment pools. Section 4-1.
· Approval of investment vendors: the City may only do business with broker-dealers,
banks, and others who have been reviewed and approved annually by the Finance
Advisory Committee. Section 4-2-1.
· Diversification of portfolio: Investment holdings must remain within certain
maximum percentages of the total portfolio. Section 4-2-3.
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· Designation of investment officers: Only authorized individuals may conduct
investment transactions for the City: Director of Finance Kent Austin; Controller Tom
Tvardzik; and City Manager Bob Livingston.
RECOMMENDATION: City staff and the Finance Advisory Committee recommend approval of the proposed
City investment policy.
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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. 12-08; 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 2, 2013.
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.
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SECTION 3. This resolution shall take effect from and after its passage, and it is
accordingly so resolved.
DULY PASSED AND APPROVED by the City Council of the City of University Park,
Texas, on the 2nd day of July, 2013.
APPROVED:
__________________________________
W. RICHARD DAVIS, MAYOR
APPROVED AS TO FORM: ATTEST:
___________________________________ __________________________________
CITY ATTORNEY ELIZABETH SPECTOR,
CITY SECRETARY
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City of University Park, Texas
Investment Policy
Effective July 2, 2013
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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
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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
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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:
• Preservation of capital and protection of principal
• Maintenance of sufficient liquidity to meet operating needs
• Security of City funds and investments
• Diversification of investments to avoid unreasonable or foreseeable risks
• 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
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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.
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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
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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.
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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;
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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.
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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
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organization has implemented reasonable procedures and controls to preclude
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.
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Investment Type: % of Portfolio
• U.S. Treasury Notes/Bonds/Bills 100%
• U.S. Agencies 60%
• Local Government Investment Pools 50%
• Repurchase Agreements 30%
• Certificates of Deposit 30%
• Municipal Bonds 20%
• 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
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are made to coincide as nearly as practical with the expected use of fund. The
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.
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4-4-2 Competitive Bidding
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
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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 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.
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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
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:
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1. A listing of individual securities held at the end of the reporting period.
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.
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SECTION 5: ADOPTING CLAUSE
This Investment Policy for the City of University Park, Texas is hereby adopted as of the
2nd day of July, 2013.
Mayor
Director of Finance
ATTEST:
City Secretary
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ATTACHMENT 1
ACKNOWLEDGEMENTS
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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:
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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
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ATTACHMENT 2:
BROKER-DEALER AND BANK
QUESTIONNAIRES
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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.)
15. Has a public sector client ever claimed, in writing, that your firm was responsible for investment losses? (Explain.)
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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.
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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:
• Financial statements for the past two fiscal years, with an unqualified opinion from
a certified public accountant
• Call reports for the last four quarters or credit rating information for senior and subordinate debt from a recognized credit rating agency
• Rating information from recognized bank rating agencies
• Proof of current standing as an eligible public depository
• Capital ratios: tangible capital, core capital, and risk capital
• Evidence of growth in current assets and current liabilities being parallel
• Total liability to equity ratio (must be less than 20:1)
• 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.
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AGENDA MEMO
7/2/2013 Agenda
TO: Honorable Mayor and City Council FROM: Kent R. Austin, Director of Finance
SUBJECT: FY2014 budget calendar
BACKGROUND:
Texas statutes require that cities provide notice and hold public hearings before adopting
an annual budget and property tax rate. The Texas Local Government Code (Section
102) requires that a budget hearing be held no sooner than 15 days after the proposed
budget is filed with the municipal clerk. Using August 5 as the filing date, a hearing August 20 meets this requirement.
The Texas Tax Code (Section 26, Truth in Taxation) requires the calculation and
publication of the effective tax rate (ETR), the rate at which last year’s revenue would be
raised on this year’s tax base. If the proposed tax rate exceeds the ETR, two public hearings are required before the new rate can be adopted. A vote on the tax rate must
then take place from 3-14 days after the second hearing.
Whether the FY2014 proposed budget will include an effective tax increase is unknown,
but the below calendar assumes that two hearings are needed:
August 6 City Council receives budget, votes to hold hearing on tax rate 8/27
August 27 Public hearing on budget and tax rate (first)
Sept. 3 Public hearing on budget and tax rate (second)
Sept. 10 City Council votes on budget, tax rate, pay plan
RECOMMENDATION:
Review, modify as needed, and approve the FY2014 budget calendar.
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