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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. Page 43 of 94 (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. Page 44 of 94 Page 45 of 94 Page 46 of 94 Page 47 of 94 Page 48 of 94 Page 49 of 94 Page 50 of 94 Page 51 of 94 Page 52 of 94 Page 53 of 94 Page 54 of 94 Page 55 of 94 Page 56 of 94 Page 57 of 94 Page 58 of 94 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. Page 59 of 94 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. Page 60 of 94 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 Page 61 of 94 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 Page 62 of 94 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 Page 63 of 94 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 Page 64 of 94 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. Page 65 of 94 · 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. Page 66 of 94 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. Page 67 of 94 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 Page 68 of 94 City of University Park, Texas Investment Policy Effective July 2, 2013 Page 69 of 94 CONTENTS Preface ...............................................................................................................................1 1. PURPOSE 1. Authorization ........................................................................................................1 2. Goal .......................................................................................................................1 3. Scope .....................................................................................................................1 4. Review and Amendment .......................................................................................2 2. INVESTMENT OBJECTIVES 1. Preservation and Safety of Principal .....................................................................2 1. Credit Risk .......................................................................................................2 2. Interest Rate Risk .............................................................................................2 2. Maintenance of Adequate Liquidity ......................................................................3 3. Return on Investments ..........................................................................................3 4. Prudence and Ethical Standards ............................................................................3 3. INVESTMENT STRATEGY STATEMENT 1. Operating Funds ....................................................................................................4 2. Bond Debt Service Funds .....................................................................................4 3. Bond Reserve Funds .............................................................................................4 4. Capital Projects Funds ..........................................................................................5 4. SPECIFIC INVESTMENT POLICIES 1. Eligible Investments ..............................................................................................5 1. Obligations of the United States ..................................................................5 2. Obligations of the State of Texas .................................................................5 3. Agencies of the United States and State of Texas .......................................5 4. Obligations of other States, Counties, Cities ...............................................5 5. Direct Repurchase Agreements ....................................................................5 6. Certificates of Deposit and CDARS ............................................................6 7. Share Certificates of state and federal Credit Unions ..................................6 8. Money Market Mutual Funds ......................................................................6 9. Local Government Investment Pools ...........................................................7 2. Ensuring Safety of Principal ...................................................................................7 1. Protection of Principal .................................................................................7 1. Approved Broker/Dealers/Financial Institutions/Depositories ..............7 Page 70 of 94 2. Collateralization .....................................................................................8 3. Portfolio Diversification ........................................................................8 4. Limiting Maturity ...................................................................................9 2. Safekeeping .........................................................................................10 3. Effect of Loss of Required Rating ...............................................................10 3. Ensuring Liquidity ..............................................................................................10 4. Achieving Investment Return Objectives ...........................................................10 1. Securities Swaps ..........................................................................................10 2. Competitive Bidding ...................................................................................11 3. Methods of Monitoring Market Price ..........................................................11 4. Benchmark Rate of Return ..........................................................................11 5. Responsibility and Controls ................................................................................11 1. Authority to Invest .......................................................................................11 2. Bonding requirements/Standard of care ......................................................12 3. Establishment of Internal Controls ..............................................................12 4. Standard of Ethics .......................................................................................12 5. Training and Education ...............................................................................13 6. Investment Committee.................................................................................13 6. Reporting .............................................................................................................13 7. Compliance Audit and Accounting Method .......................................................14 8. Certification ........................................................................................................14 5. ADOPTING CLAUSE .................................................................................................15 ATTACHMENTS 1. Investment Vendor Acknowledgement 2. Broker-Dealer and Bank Questionnaires Page 71 of 94 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 Page 72 of 94 and federal law, including the Tax Reform Act of 1986 and subsequent legislation. City funds will be pooled for investment purposes. 1-4. Review and Amendment This Policy may be amended from time to time as the City Council may so desire or as State Law may require. This Policy, which includes strategies for each fund or pooled fund group, shall be adopted by resolution, rule, or ordinance by the City Council and shall be reviewed annually by the City Council. The fact that the Investment Policy has been reviewed and that any amendments have been made must be recorded by resolution, rule or ordinance. SECTION 2: INVESTMENT OBJECTIVES The City shall manage and invest its cash with four objectives, listed in order of priority: Preservation and Safety of Principal; Liquidity; Yield; and Prudence. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local Law. Cash management is defined as the process of managing monies in order to increase cash availability and interest earnings on short-term investment of idle cash. The City shall maintain a comprehensive cash management program that includes the prudent investment of available cash. 2-1. Preservation and Safety of Principal The primary objective of City investment activity is the preservation of principal in the overall portfolio. Each investment transaction shall be conducted in a manner designed to avoid principal losses, whether they are from securities defaults or erosion of market value. The manner in which the City ensures safety of principal is presented in Section 4.2, “Ensuring Safety of Principal.” 2-1-1 Credit Risk The City will minimize credit risk, which is the risk of loss due to the failure of the security issuer or backer by: a. Limiting investments to the types of securities listed in section 4-1 of this Investment Policy. b. Prequalifying the financial institutions, broker/dealers, intermediaries, and advisors with which the City will do business in accordance with Section 4-2- 1-1. c. Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. Page 73 of 94 2-1-2 Interest Rate Risk The City will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: a. Structuring the portfolio so that securities mature to meet cash requirements for ongoing operations. b. Investing operating funds primarily in short-term securities, money market mutual funds, or similar investment pools and by limiting the average maturity of the portfolio in accordance with this policy. 2-2. Maintenance of Adequate Liquidity The City investment portfolio shall be structured so that the City is able to meet all obligations in a timely manner. Maintenance of adequate liquidity is described in Section 4.3, “Ensuring Liquidity.” 2-3. Return on Investments Consistent with State law, the City shall seek to optimize return on investments within the constraints of safety and liquidity. Investments (excluding assets managed under separate investment programs, such as in arbitrage restrictive programs) shall be made in permitted obligations at yields equal to or greater than the bond equivalent yield on United States Treasury obligations of comparable maturity. Other appropriate performance measures may be established by the Investment Committee. Specific policies regarding investment rate of return are presented in Section 4.4, “Achieving Investment Return Objectives.” For bond issues to which Federal yield or arbitrage restrictions apply, the primary objectives shall be to obtain satisfactory market yields and to minimize the costs associated with investment of such funds. 2-4. Prudence and Ethical Standards The standard of prudence used by the City shall be the “prudent person rule” and shall be applied in the context of managing the overall portfolio within the applicable legal constraints. The prudent person rule is restated below: “Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence would exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.” In determining whether the Investment Officer(s) or Investment Advisor under contract has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration the investment of all funds over which the Officer or Advisor had responsibility, rather than a consideration as to the prudence of a single Page 74 of 94 investment, and whether the investment decision was consistent with the written Investment Policy of the City. The Investment Officers, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security’s credit risk or market price changes, provided that these deviations are reported immediately. Specific policies describing the City’s prudence and ethical standards are found in Section 4.5, “Responsibility and Controls.” SECTION 3: INVESTMENT STRATEGY STATEMENT The City maintains portfolios that utilize four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios. To maximize the effective investment of assets, all funds needed for general obligations may be pooled into one account for investment purposes. The income derived from this account will be distributed to the various funds based on their average balances on a periodic basis. Proceeds of bond issues shall not be pooled with other assets of the City, but shall be maintained in the fund issuing the bonds with interest earnings on these invested proceeds recorded directly to that fund. 3-1. Operating Funds The investment strategy for operating funds has as its primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high-quality short-to medium- term securities. The dollar weighted average maturity shall be calculated in accordance with GASB requirements. The weighted average maturity of operating funds shall not exceed 548 days. Securities may not be purchased that have a final stated maturity date that exceeds five (5) years. 3-2. Bond Debt Service Funds The investment strategy for bond debt service fund(s) has as its primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date that exceeds the next unfunded bond debt service payment date. 3-3. Bond Reserve Funds The investment strategy for bond reserve fund(s) has as its primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the Bond Ordinance specific to an individual issue, of short-to-intermediate- term maturities. The stated final maturity dates of securities held shall not exceed five (5) years. Page 75 of 94 3-4. Capital Projects Funds The investment strategy for capital projects funds portfolios has as its primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. SECTION 4: SPECIFIC INVESTMENT POLICIES 4-1. Eligible Investments Investments described below are those authorized by the Public Funds Investment Act (Chapter 2256, Texas Government Code), as amended, which is made a part of this Policy. The following list may not contain all of those securities that are authorized by state statutes, but only those that the City Council wishes to include in their portfolios. The purchase of specific issues may at times be further restricted or prohibited because of current market conditions. City funds governed by this Policy may be invested in: 1. obligations of the United States or its agencies and instrumentalities; 2. direct obligations of the State of Texas or its agencies; 3. other obligations, the principal and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 4. obligations of states, agencies, counties, cities and other political subdivisions of any state having been rated of their own accord as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than AA or its equivalent, and with additional credit enhancement having received a rating of not less than AAA or its equivalent by a nationally recognized investment rating firm. 5. fully collateralized direct repurchase agreements: 1) having a defined termination date; 2) secured by a combination of cash and obligations described by subdivision 1 of this subsection: 3) having securities purchased by the City or cash held by the City pledged to the City, held in the City’s name and deposited at the time the investment is made with the City with a third party selected and approved by the City; and 4) placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in Texas, and having a market value (including accrued interest) of no less than the principal amount of the funds disbursed; Page 76 of 94 6. a. certificates of deposit issued by a depository institution with a main office or branch in Texas that are: 1. guaranteed or insured by the Federal Deposit Insurance Corporation, or its successor; or, 2. secured by obligations that are described by 1 - 4 above, which are intended to include all direct federal agency or instrumentality issues that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City. b. made in accordance with the following conditions, commonly known as the Certificate of Deposit Account Registry Service (CDARS): 1. the funds are invested by the City through a broker that has its main office or a branch office in this state and is selected from a list adopted by the City or a depository institution (“bank”) that has its main office or a branch office in this state and that is selected by the City; 2. the broker or bank selected by the City under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the City; 3. the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and 4. the City appoints the bank selected by the City under Subdivision (1), an entity described by the Texas Public Funds Collateral Act (Texas Government Code 2257.041(d)) or a clearing broker-dealer registered with the Securities and Exchange Commission and operating pursuant to Securities and Exchange Commission Rule 15c3-3 917 C.F.R. Section 240.15c3-3) as custodian for the City with respect to the certificates of deposit issued for the account of the City. 7. share certificates issued by state and federal credit unions with a main office or branch in Texas that are: 1. guaranteed or insured by the National Credit Union Share Insurance Fund, or its successor; or, 2. secured by obligations that are described by 1 - 4 above, which are intended to include all direct federal agency or instrumentality issues that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City. 8. SEC-regulated, no-load money market mutual funds with a dollar-weighted average stated portfolio maturity of 90 days or less and whose investment objectives include seeking to maintain a stable net asset value of $1 per share. No more than 15% of the City’s average fund balance may be invested in money market mutual funds, and the City may not invest funds under its control in an amount that exceeds 10% of the total assets of any individual money market mutual fund. Page 77 of 94 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 Page 78 of 94 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. Page 79 of 94 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 Page 80 of 94 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. Page 81 of 94 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 Page 82 of 94 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. Page 83 of 94 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: Page 84 of 94 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. Page 85 of 94 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 Page 86 of 94 ATTACHMENT 1 ACKNOWLEDGEMENTS Page 87 of 94 TEXAS PUBLIC FUNDS INVESTMENT ACT ACKNOWLEDGMENTS These Acknowledgments are executed on behalf of the City of University Park, Texas (“Investor”) and _______________________(“Business Organization”) pursuant to the Public Funds Investment Act, Chapter 2256, Government Code, Texas Codes Annotated (the “Act”), in connection with investment transactions conducted between the Investor and the Business Organization. Acknowledgment by Investor The undersigned investment officer of the Investor (“Investment Officer”) hereby acknowledges, represents and agrees on behalf of the Investor that: (i) The Investment Officer (a) has been duly designated by official action of the governing body of the Investor to act as its Investment Officer pursuant to the Act, (b) is vested with full power and authority under the Act and other applicable law to engage in investment activities on behalf of the Investor, and (c) is duly authorized to execute this Acknowledgment on behalf of the Investor, (ii) Pursuant to the Act, the governing body of the Investor has duly adopted a written investment policy which complies with the Act, including an investment strategy (as the same may be amended, the “Investment Policy”), and the Investment Officer (a) has furnished a true and correct copy of the Investment Policy to the Business Organization and (b) will notify the Business Organization of any rescission of, or amendment to, the Investment Policy. The Business Organization shall be entitled to rely upon the most recent version of the Investment Policy furnished by the Investment Officer until provided with an amended version; (iii) Attached hereto is a list of investments that are authorized pursuant to the Investment Policy and that the Investment Officer understands may be available from the Business Organization. The attached list may be amended from time to time by mutual agreement of the Investor and the Business Organization, and (iv) In connection with any investment transaction between the Business Organization and the Investor, the Business Organization is not responsible for assuring compliance with those aspects of the Investment Policy over which the Business Organization has no control or knowledge, such as restrictions as to diversity and average maturity, or which require an interpretation of subjective investment standards. INVESTMENT OFFICER Kent R. Austin Director of Finance City of University Park, Texas Signature: Date: Page 88 of 94 Acknowledgment by Business Organization I am a registered principal or authorized representative of _________________ (the “Firm”). The Firm is a registered dealer under the Securities Exchange Act of 1934 (the “Act”), and a member of the Financial Industry Regulatory Authority (“FINRA”). I have received a copy of the City of University Park (the “City”) investment policy dated ___. I have provided each current licensed member of the sales personnel who perform investment services for the City with a copy of your investment Policy and have instructed these professionals to familiarize themselves with the terms of the Policy. The Firm has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Firm and the City that are not authorized by the City’s investment policy, except to the extent that this authorization is dependent on an analysis of the composition of the entity’s entire portfolio. As a FINRA registered dealer, the Firm is subject to the rules of the Securities and Exchange Commission (the “SEC”) and the Rules of Fair Practices of FINRA. Those rules establish requirements for, among other things, net capital, reserves and custody of customer securities, and suitability of investment recommendations. Those rules also prohibit the use of fraudulent and deceptive practices. The Firm has extensive internal procedures to assist the firm in complying with the rules of the SEC, FINRA and other regulatory bodies having jurisdiction. The Firm’s compliance with these rules will be monitored by FINRA-licensed supervisory principals and its Compliance Department. This process is audited routinely by both internal and outside auditors. Signature:___________________________________ Name Title Date Page 89 of 94 ATTACHMENT 2: BROKER-DEALER AND BANK QUESTIONNAIRES Page 90 of 94 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.) Page 91 of 94 16. Please include samples of research reports that your firm regularly provides to public sector clients. 17. Please explain your normal custody and delivery process. Who audits these fiduciary systems? 18. Please provide certified financial statements and other indicators regarding your firm's capitalization. 19. Describe the Capital line and trading limits that support/limit the office that would conduct business with our government. 20. What training would you provide to our employees and investment officers? 21. Has your firm consistently complied with the Federal Reserve Bank's capital adequacy guidelines? As of this date, does your firm comply with the guidelines? Has your capital position ever fallen short? By what factor (1.5, 2x, etc.) does your firm presently exceed the capital adequacy guideline's measure of risk? Include certified documentation of your capital adequacy as measured by the Federal Reserve standards. 22. Do you participate in the S.I.P.C. insurance program? If not, explain why. 23. What portfolio information do you require from your clients? 24. What reports, transactions, confirmations and paper trail will we receive? 25. Enclose a complete schedule of fees and charges for various transactions. 26. How many and what percentage of your transactions failed last month? Last year? 27. Describe the precautions taken by your firm to protect the interest of the public when dealing with governmental agencies as investors. 28. With whom are you doing business in the Dallas area? 29. Are you representing a parent corporation or a subsidiary of another corporation? If you are a subsidiary, will you furnish audited financial statements on your parent corporation as well as your subsidiary? 30. For all employees listed in part 9 above, please provide resumes for each and within each resume include the company names of former employers. 31. Provide banking references and include officer contact names and telephone numbers. 32. Do you give perfected security interest in securities under repurchase agreements? FINANCIAL RATIO CRITERIA 1. Growth in current assets and current liabilities must be parallel. 2. Total liabilities, as a multiple of equity, must be less than a ratio of 20:1. 3. The total of securities owned and securities purchased under agreement to resell (reverse repos) must be greater than the total of short-term loans and securities sold under agreements to repurchase (repos). 4. Equity, as a percentage of total assets, must be 5% or more. 5. Growth in retained earnings must exceed 7% for the last two years. 6. Equity growth must be parallel to asset and liability growth. 7. The auditor's opinion must be unqualified. Page 92 of 94 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. Page 93 of 94 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. Page 94 of 94