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HomeMy WebLinkAbout2015.07.07 City Council AgendaCity Council City of University Park Meeting Agenda City Hall 3800 University Blvd. University Park, TX 75205 Council Chamber5:00 PMTuesday, July 7, 2015 PRE-MEETING WORK SESSION(S) 4:00 - 4:30 P.M. The City Council will meet in open work session to discuss the Holmes Aquatic Center building and the traffic signal at Southwestern and Airline. No action will be taken. Council Conference Room, 2nd floor, City Hall. 4:30 - 5:00 P.M. The City Council will meet in open work session to receive agenda item briefings from staff. No action will be taken. Council Conference Room, 2nd floor, City Hall. 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: Community Information Officer Steve Mace B.PLEDGE OF ALLEGIANCE: Community Information Officer Steve Mace / Boy Scouts C.INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr. D.INTRODUCTION OF STAFF: City Manager Robbie Corder II.AWARDS AND RECOGNITION III.CONSENT AGENDA 15-376 Consider approval of the minutes of the June 16, 2015 City Council Meeting with or without corrections. Staff Report 2015.06.16 Draft City Council Meeting Minutes Attachments: IV.MAIN AGENDA Page 1 City of University Park Printed on 7/2/2015 July 7, 2015City Council Meeting Agenda 15-368 Approval of an Interlocal Cooperation Agreement for Joint Provision of a D.A.R.E. Officer for FY2015-2016 7-07-15 DARE Agenda DARE Agreement 2015-16 Attachments: 15-369 Approval of an Interlocal Cooperation Agreement for Joint Provision of a Student Resouce Officer (SRO) for FY2015-2016 7-07-15 SRO Agenda SRO AGREEMENT 2015-16 Attachments: 15-377 Discuss prohibiting the parking of buses and limousines on public streets Agenda Memo Draft Ordinance Attachments: 15-371 Public Hearing for the 2014 Consumer Confidence Report Agenda Memo - Drinking Water Report.docx UP 2014 CCR.pdf Attachments: 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. CERTIFICATE: I, Christine Green, City Secretary, do hereby certify that a copy of this Agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and on the City's website, www.uptexas.org, in compliance with Chapter 551, Texas Government Code. DATE OF POSTING:____________________________ TIME OF POSTING:_____________________________ ________________________________ Christine Green, City Secretary Page 2 City of University Park Printed on 7/2/2015 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@DC052F59\@BCL@DC052F59.docx 3:37 PM 06/30/15 AGENDA MEMO 7/7/2015Agenda TO:Honorable Mayor and City Council FROM:Christine Green, City Secretary SUBJECT:Minutes of the June 16, 2015 City Council Meeting Minutes of the June 16, 2015City Council Meeting are included for the Council’s review. City Hall 3800 University Blvd. University Park, TX 75205 City of University Park Meeting Minutes City Council 5:00 PM Council ChamberTuesday, June 16, 2015 EXECUTIVE SESSION 3:00 - 4:00 P.M. Pursuant to TGC§ 551.071(2), the City Council met in closed session to receive confidential legal advice from the City Attorney with regard to the City's legal obligation to the Firefighters' Relief and Retirement Fund (FRRF). Pursuant to TGC§ 551.072, the City Council met in closed session to discuss the possible purchase of property in the vicinity of the Preston Road-Lovers Lane intersection for public park purposes. No action was taken. Executive Conference Room, 1st Floor, City Hall. PRE-MEETING WORK SESSION(S) 4:00 - 5:00 P.M. The City Council met in open work session to receive agenda item briefings from staff. No action was taken. Council Conference Room, 2nd floor, City Hall. CALL TO ORDERI. Councilmember Bob Begert, Councilmember Dawn Moore, Councilmember Taylor Armstrong, Mayor Olin Lane and Mayor Pro Tem Tommy Stewart Present:5 - INVOCATION: Mayor Olin Lane, Jr.A. PLEDGE OF ALLEGIANCE: Mayor Olin Lane, Jr. / Boy ScoutsB. Gayden Williams, of Troop 70 was present as part of earning his Communication merit badge. He assisted the Mayor and City Council in leading the Pledge of Allegiance. Will Garoutte of Troop 82 was also present as part of earning his Communication merit badge. INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr.C. Page 1City of University Park June 16, 2015City Council Meeting Minutes INTRODUCTION OF STAFF: City Manager Robbie CorderD. Staff in attendance included Community Information Officer Steve Mace, Director of Information Services Dale Harwell, Chief of Police Greg Spradlin, Director of Public Works Bud Smallwood, City Secretary Christine Green, Fire Chief Randy Howell, Director of Parks and Recreation Gerry Bradley, Communications Specialist/Deputy City Secretary Amanda Hartwick, Library Director Sharon Martin, Director of Human Resources Luanne Hanford, Director of Finance Tom Tvardzik, Community Development Director Pat Baugh, and Police Officer Todd Jenkins. Fire Randy Howell introduced his staff and the family of staff in attendance. They were present to help recognize Joe Watkins as Employee of the Year. AWARDS AND RECOGNITIONII. 15-362 Recognition of Max Dillard Family for tree donation Mayor Lane read a certificate of appreciation recognizing the Max Dillard family for their gift of trees to Caruth Park. 15-367 University Park Community League recognition of 2014 City of University Park Employee of the Year. Fire Chief Howell addressed the Council and introduced Joe Watkins, 2014 UP Employee of the Year. Joe was hired in 2006, and has been a paramedic since 2008. He has received a number of commendations for service. He is the current Firefighter Association President and is the department's Honor Guard Squad Leader. He and his family coordinate the annual Fire Department Christmas Party. He assists in coordinating the annual Fill the Boot drive to benefit children with muscular dystrophy. He organized the remodel of a fellow firefighter's house while the firefighter battled cancer. Chief Howell described Watkins as motivated, concerned about the well-being of others, and a true professional who puts service before self. Eddy Moore of the UP Community League thanked Mr. Watkins and presented him a check. CONSENT AGENDAIII. 15-365 Consider approval of the minutes of the June 2, 2015 City Council Meeting. The minutes were approved. Page 2City of University Park June 16, 2015City Council Meeting Minutes Approval of the Consent Agenda A motion was made by Councilmember Dawn Moore, seconded by Councilmember Taylor Armstrong, to approve the Consent Agenda. The motion carried by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Armstrong, Mayor Lane, and Mayor Pro Tem Stewart 5 - MAIN AGENDAIV. 15-361 Consider approval of the purchase of individual body cameras for police officers. City Manager Corder said that this agenda item is a purchase of 30 body cameras for the Police Department from L-3 Mobile Vision in the amount of $15,351. The Police Department currently has eight cameras that are used by the officers on duty. This proposal will provide an individual camera for each officer. The new cameras are compatible with the current in-car camera system. This pricing is based on the HGAC purchasing contract which satisfies competitive bidding requirements. A motion was made by Councilmember Moore, seconded by Councilmember Armstrong, to approve this purchase. The motion was approved by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Armstrong, Mayor Lane, and Mayor Pro Tem Stewart 5 - 15-363 Consider an agreement with the Dallas County Park Cities Municipal Utilities District to provide sampling and laboratory analysis services. City Manager Corder said that the City is required by state and federal regulations to perform certain sampling, laboratory analyses, and data reporting in providing water within its distribution system to its residents. The Dallas County Park Cities Municipal Utilities District (MUD) currently provides all of the requisite sampling and analyses. This agenda item is an agreement with the MUD to continue testing the City's water. The MUD had been including the charges in the City's master bill, but the MUD asked for a separate agreement to split out the testing charges going forward. The City anticipates that the testing charges will remain at around $16,000 per year. A motion was made by Councilmember Bob Begert, seconded by Councilmember Taylor Armstrong, to approve this agreement. The motion passed by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Armstrong, Mayor Lane, and Mayor Pro Tem Stewart 5 - Page 3City of University Park June 16, 2015City Council Meeting Minutes 15-366 Consider an agreement with Lang Partners for reconstruction of sanitary sewer improvements A motion was made by Mayor Pro Tem Tommy Stewart, seconded by Councilmember Taylor Armstrong, to postpone consideration of this agreement and the agreement with Cates-Clark & Associates until the July 7 City Council Meeting. The motion carried by the following vote: Aye:Councilmember Begert, Councilmember Moore, Councilmember Armstrong, Mayor Lane, and Mayor Pro Tem Stewart 5 - 15-364 Consider an agreement with Cates-Clark & Associates for engineering design services. Consideration of this agreement was postponed until the July 7, 2015 City Council Meeting. PUBLIC COMMENTSV. None ADJOURNMENTVI. Page 4City of University Park 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@A005995F\@BCL@A005995F.docx 3:42 PM 06/15/15 AGENDA MEMO 7/7/2015Agenda TO:Honorable Mayor and City Council FROM:Greg Spradlin, Chief of Police SUBJECT:Approval of an InterlocalCooperation Agreement for Joint Provision of a D.A.R.E. Officer for FY2015-2016 BACKGROUND: Under the terms and conditions of the current InterlocalCooperation Agreement for Joint Provision of a D.A.R.E. officer in the Highland Park Independent School District between the City of University Park and the Town of Highland Park, both parties are to review the agreement annually for renewal. Under the agreement, the estimated costs of the program, including salary and benefits for the D.A.R.E. officer, and excluding materials, are shared by the City of University Park and the Town of Highland Park, with the City of University Park providing for 75% of such estimated costs and the Town of Highland Park providing for 25% of such estimated costs. The City will advance and pay all costs as they accrue and the Town will reimburse the City for its 25% share upon receipt of a statement from the City as outlinedin the Interlocal Cooperation Agreement. RECOMMENDATION: Staff recommends the City of University Park enter into an Interlocal Cooperation Agreement with the Town of Highland Park in order to continue to provide a D.A.R.E. officer for the Highland ParkIndependent School District's middle school. 71788 THE STATE OF TEXAS § § COUNTY OF DALLAS § INTERLOCAL COOPERATION AGREEMENT FOR JOINT PROVISION OF POLICE SERVICES THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into on this 7th day of July2015, by and between the City of University Park, Texas (hereinafter referred to as “CITY”), acting by and through its Mayor or his designee, and the Town of Highland Park, Texas (hereinafter referred to as “TOWN”), and actingby and through its Mayor or his designee. WITNESSETH: WHEREAS,the Texas State Legislature has authorized the use of interlocal cooperation agreements between and among governmental entities for the provision of governmental services and functions; and WHEREAS,this Interlocal Cooperation Agreement is made under the authority granted by and pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, and as otherwise provided herein, relative to the joint authorization by CITY and TOWN to provide certain police services. WHEREAS,the governing bodies find that the performance of this agreement is in the common public interest of both parties, and that the services provided pursuant hereto benefit the citizens of the CITY and the TOWN; and WHEREAS,the parties, in expending funds in the performance of the governmental functions or in performing such governmental functions under this Agreement, shall make payments therefor only from current revenues legally available to such party; NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements contained herein, the parties hereto do hereby agree as follows: I AGREEMENT A.The CITY and TOWN agree, under the terms and conditions provided herein, and with consent of the Highland Park Independent School District, to share the cost of provision of the police personnel, salary and benefits, equipment and supplies, necessary for presentation of the Drug Abuse Resistance Education (D.A.R.E.) program at the Highland Park Intermediate School/McCulloch Middle School for the 2015-2016school year. 71788 B.The CITY will employ and furnish an appropriately trained and experienced police officer of its Department to conduct the D.A.R.E. program during the term hereof. The total estimated cost for provision of the program during the term of the 2015-2016 school year is $95,006.00. The parties agree that the CITY will pay 75% of the total cost for provision of the program and the TOWN will pay 25% of such cost for the term hereof. The CITY will advance and pay all such cost as it accruesand the TOWN will reimburse the CITY for its 25% share upon receipt of a statement from the CITY therefor, which statement will be rendered on or before June 30, 2016and be payable in full on or before August15, 2016. II GENERAL REQUIREMENTS APPLICABLE TO TOWN AND CITY The following subparagraphs shall apply to this Agreement: A.(1)IMMUNITY:Nothing in this Agreement shall be construed to affect, alter, or modify the sovereign immunity of either party under the Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed that in the execution of this Agreement, neither CITY nor TOWN waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of its governmental powers and functions. (2)INSURANCE: During the term of this Agreement, and any extensions thereof, CITY agrees to obtain and maintain, as part of the cost of providing the services described herein, general liability insurance naming TOWN as an additional insured to protect against potential claims arising out of the CITY’s provision of the service. The CITY shall furnish TOWN with a certificate of insurance in accordance with this paragraph within sixty (60) days from the date of execution of this Agreement. Nothing contained herein shall be construed to grant any third party rights or waive the governmental and/or public purpose of the provision of the police service described in this Agreement. TOWN may also have its own insurance, at its own expense, for any liability for such services, if it so chooses. B.THIRD PARTIES: This Agreement does not create any third-party beneficiaries. Nothing in this Agreement shall be construed to create, expand or form a basis for liability to any third party under any theory of law against either the CITY or TOWN unless such a basis exists independent of this Agreement under State or federal law. C. NOTICE: Each notice or other communication which may be or is required to be given under this Agreement shall be in writing and shall be deemed to have been properly given when delivered personally during the normal business hours of the party to whom such communication is directed, or upon receipt when sent by United States registered or certified mail, return receipt requested, postage prepaid, to the appropriate one of the following addresses as may be designated by the appropriate party; however, each party 71788 has a right to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: If to TOWN: Mayor Town of Highland Park 4700 Drexel Drive Highland Park, Texas 75205 If to CITY: Mayor City of University Park 3800 University Blvd. University Park, Texas75205 D.MANAGEMENT AUTHORITY During the term of this Agreement, and any extensions thereof, CITY agrees to provide adequate supervision and training of the police officer assigned to provide the D.A.R.E.program. The CITY shall perform and exercise all rights, duties and functions and services in compliance with all applicable Federal, State and local laws and regulations. E.ACCOUNTABILITY: CITY agrees to furnish upon the request of TOWN copies of reports of daily activity submitted by the police officer assigned as the D.A.R.E. officer. CITY also agrees to furnish upon the request of TOWN any and all aggregate or statistical information created by CITY to document, track, or report activities of the police officer assigned as the D.A.R.E. officer. F.CLAIMS AGAINST PARTIES: Each party shall be responsible for defending and/or disposing of all causes arising against the respective party as a result of this program. It is expressly understood and agreed that in the execution of this contract, neither CITY nor TOWN waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. G.TERM: The term of this Agreement shall be for the 2015-2016school year commencing on the first day of the Fall school term, 2015. H.ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. I.SEVERABILITY: In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and 71788 this Agreement shall be construed as if such invalidity, illegality or unenforceable provision had never been contain herein. J.AUTHORITY: The undersigned officers and/or agents are authorized to execute this contract on behalf of the parties hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. III TERMINATION Either party, or the Highland Park Independent School District, may terminate this Agreement with or without cause, by giving prior written notice of the date of termination to the other party, as provided herein. IV REMEDIES No right or remedy granted or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. V APPLICABLE LAW This Agreement is governed by the laws of the State of Texasand venue of any action brought to enforce the terms hereof shall lie exclusively in Dallas County, Texas. VI RECITALS The recitals to this Agreement are incorporated herein for all purposes. VII EXECUTION This Agreement may be executed in anynumber of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 71788 Duplicate originals executed by the parties to be effective on the date first written above. ATTEST: CITY OF UNIVERSITY PARK, TEXAS By: ____________________________________by: ________________________________ City Secretary Olin B. Lane, Mayor APPROVED AS TO FORM: _______________________________________ City Attorney ATTEST:TOWN OF HIGHLAND PARK, TEXAS By: ____________________________________by: ________________________________ Town Secretary Joel T. Williams III,TownMayor APPROVED AS TO FORM: _______________________________________ Town Attorney 71788 ACKNOWLEDGEMENTS THE STATE OF TEXAS § §City Acknowledgment COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Olin B. Laneknown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the City of University Park, a municipal corporation of Dallas County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ____ dayof __________ 2015. ________________________________________________________ My Commission Expires:Notary Public, State of Texas ____________________________ Notary’s Printed Name THE STATE OF TEXAS § §Town Acknowledgment COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Joel T. Williams IIIknown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the Town of HighlandPark, a municipal corporation of Dallas County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ____ day of __________ 2015. ________________________________________________________ My CommissionExpires:Notary Public, State of Texas ____________________________ Notary’s Printed Name 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@B0056585\@BCL@B0056585.docx 3:52 PM 06/15/15 AGENDA MEMO 7/7/2015Agenda TO:Honorable Mayor and City Council FROM:Greg Spradlin, Chief of Police SUBJECT:Approval of an InterlocalCooperation Agreement for Joint Provision of a Student ResourceOfficer(SRO)for FY2015-2016 BACKGROUND: Under the terms and conditions of the current Interlocal Cooperation Agreement for Joint Provision of a SROin the Highland Park Independent School District between the City of University Park and the Town of Highland Park, both parties are to review the agreement annually for renewal. Under the agreement, the estimated costs of the program, including salary and benefits for the SRO, and excluding materials, are shared by the City of University Park and the Town of Highland Park, with the City of University Park providing for 75% of such estimated costs and the Town of Highland Park providing for 25% of such estimated costs. The City will advance and pay all costs as they accrue and the Town will reimburse the City for its 25% share upon receipt of a statement from the City as outlined in the Interlocal Cooperation Agreement. RECOMMENDATION: Staff recommends the City of University Park enter into an Interlocal Cooperation Agreement with the Town of Highland Park in order to continue to provide a SRO forthe Highland Park Independent School District's high school. 71791 THE STATE OF TEXAS § § COUNTY OF DALLAS § INTERLOCAL COOPERATION AGREEMENT FOR JOINT PROVISION OF POLICE SERVICES THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into on this 7th day of July2015, by and between the City of University Park, Texas (hereinafter referred to as “CITY”), acting by and through its Mayor or his designee, and the Town of Highland Park, Texas (hereinafter referred to as “TOWN”), and actingby and through its Mayor or his designee. WITNESSETH: WHEREAS,the Texas State Legislature has authorized the use of interlocal cooperation agreements between and among governmental entities for the provision of governmental services and functions; and WHEREAS,this Interlocal Cooperation Agreement is made under the authority granted by and pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, and as otherwise provided herein, relative to the joint authorization by CITY and TOWN to provide certain police services. WHEREAS,the governing bodies find that the performance of this agreement is in the common public interest of both parties, and that the services provided pursuant hereto benefit the citizens of the CITY and the TOWN; and WHEREAS,the parties, in expending funds in the performance of the governmental functions or in performing such governmental functions under this Agreement, shall make payments therefor only from current revenues legally available to such party; NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements contained herein, the parties hereto do hereby agree as follows: I AGREEMENT A.The CITY and TOWN agree, under the terms and conditions provided herein, and with consent of the Highland Park Independent School District, to share the cost of provision of the police personnel, salary and benefits, equipment and supplies, necessary for implementation of the School Resource Officer (SRO)program at the Highland Park HighSchool for the 2015-2016school year. B.The CITY will employ and furnish an appropriately trained and experienced police officer of its Department for the SRO positionduring the term hereof. The total 71791 estimated cost for provision of the program during the current term of this Agreement is $95,006.00, plus incidental expenses such as travel expenses, promotional items, and materials. The parties agree that the CITY will pay 75% of the cost of provision of the program,and the TOWN will pay 25% of such cost for the term hereof. The CITY will advance and pay all such costs as they accrue and the TOWN will reimburse the CITY for its 25% share upon receipt of a statement from the CITY therefor, which statement will be rendered on or before June 30, 2016and be payable in full on or before August 15, 2016. II GENERAL REQUIREMENTS APPLICABLE TO TOWN AND CITY The following subparagraphs shall apply to this Agreement: A.(1)IMMUNITY:Nothing in this Agreement shall be construed to affect, alter, or modify the sovereign immunity of either party under the Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed that in the execution of this Agreement, neither CITY nor TOWN waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of its governmental powers and functions. (2)INSURANCE: During the term of this Agreement, and any extensions thereof, CITY agrees to obtain and maintain, as part of the cost of providing the services described herein, general liability insurance naming TOWN as an additional insured to protect against potential claims arising out of the CITY’s provision of the service. The CITY shall furnish TOWN with a certificate of insurance in accordance with this paragraph within sixty (60) days from the date of execution of this Agreement. Nothing contained herein shall be construed to grant any third party rights or waive the governmental and/or public purpose of the provision of the police service described in this Agreement. TOWN may also have its own insurance, at its own expense, for any liability for such services, if it so chooses. B.THIRD PARTIES: This Agreement does not create any third-party beneficiaries. Nothing in this Agreement shall be construed to create, expand or form a basis for liability to any third party under any theory of law against either the CITY or TOWN unless such a basis exists independent of this Agreement under State or federal law. C. NOTICE: Each notice or other communication which may be or is required to be given under this Agreement shall be in writing and shall be deemed to have been properly given when delivered personally during the normal business hours of the party to whom such communication is directed, or upon receipt when sent by United States registered or certified mail, return receipt requested, postage prepaid, to the appropriate one of the following addresses as may be designated by the appropriate party; however, each party has a right to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: 71791 If to TOWN: Mayor Town of Highland Park 4700 Drexel Drive HighlandPark, Texas 75205 If to CITY: Mayor City of University Park 3800 University Blvd. University Park, Texas 75205 C.MANAGEMENT AUTHORITY:During the term of this Agreement, and any extensions thereof, CITY agrees to provide adequate supervision and training of the police officer assigned to be the SRO. The CITY shall perform and exercise all rights, duties and functions and services in compliance with all applicable Federal, State and local laws and regulations. E.CLAIMS AGAINST PARTIES: Each party shall be responsible for defending and/or disposing of all causes arising against the respective party as a result of this program. It is expressly understood and agreed that in the execution of this contract, neither CITY nor TOWN waives, nor shall bedeemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. F.TERM: The term of this Agreement shall be for the school yearcommencing on the first dayof the Fallschool term, 2015. G.ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. H.SEVERABILITY: In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalidity, illegality or unenforceable provision had never been contain herein. I.AUTHORITY: The undersigned officers and/or agents are authorized to execute this contract on behalf of the parties hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 71791 III TERMINATION Either party, or the Highland Park Independent School District, may terminate this Agreement with or without cause, by giving prior written notice of the date of termination to the other party, as provided herein. IV REMEDIES No right or remedy granted or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. V APPLICABLE LAW This Agreement is governed by the laws of the State of Texas and venue of any action brought to enforce the termshereof shall lie exclusively in Dallas County, Texas. VI RECITALS The recitals to this Agreement are incorporated herein for all purposes. VII EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument, to be effective on the date first written above. ATTEST: CITY OF UNIVERSITY PARK, TEXAS By: ____________________________________by: ________________________________ City Secretary Olin B. Lane, Mayor 71791 APPROVED AS TO FORM: _______________________________________ City Attorney ATTEST:TOWN OF HIGHLAND PARK, TEXAS By: ____________________________________by: ________________________________ Town Secretary Joel T. Williams III, Mayor APPROVED AS TO FORM: _______________________________________ Town Attorney 71791 ACKNOWLEDGEMENTS THE STATE OF TEXAS § §City Acknowledgment COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Olin B. Laneknown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the City of University Park, a municipal corporation of Dallas County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of _______________ 2015. ________________________________________________________ My Commission Expires:Notary Public, State of Texas ____________________________ Notary’s Printed Name THE STATE OF TEXAS § §Town Acknowledgment COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Joel T. Williams III,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the Town of Highland, a municipal corporation of Dallas County, Texas, and as the Mayor thereof,and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ________ day of ____________ 2015. ________________________________________________________ My Commission Expires:Notary Public, State of Texas ____________________________ Notary’s Printed Name 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C805E571\@BCL@C805E571.docx 5:13 PM 07/02/15 AGENDA MEMO 7/7/2015Agenda TO:Honorable Mayor and City Council FROM:Jacob Speer, Deputy Director of Public Works SUBJECT:Discuss prohibiting busesand limousines from parking on public streets BACKGROUND: Staff has received complaints regarding limousines being parked overnight on City streets, especially in residential areas. Current ordinances prohibit the parking of motor homes, travel trailers, boat trailers, and similar vehicles on City streets except for immediate loading and unloading. As the ordinancesare currently written, tour buses, limousines, and similar vehicles are not prohibited from being left on our streets. The attached draft ordinance adds buses and limousines to the list of vehicles prohibited from parking on the street. RECOMMENDATION: Staff is seeking direction from the Council about prohibiting the parking of buses and limousines on City streets. ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDINGSECTION12.05.003(a) (2) “PROHIBITED PARKING-PARKING ON STREETS GENERALLY”;REPEALING ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWOHUNDRED DOLLARS ($200.00)FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1.That Chapter 12, Article 12.05, University ParkCode of Ordinances,is amendedby amending Section 12.05.003, in part, as follows: "Sec. 12.05.003Prohibited parking (a)Parking on streets generally. … (2) Mobile homes, recreational vehiclesand other vehicles and accessories. A person commits an offense if he parks or leaves unattended on a public street a mobile home, motor home, recreational vehicle, bus, limousine, travel trailer, boat trailer, stock trailer or any other type of trailer,other than for the immediate loading or unloading of such vehicle; … …” SECTION 2.That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 3.That should any word, phrase, paragraph, or section of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. SECTION 5. That this ordinance shall take effectimmediately from and after its passage and the publicationof the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, this ___ day of _______________2015. APPROVED: By: OLIN B. LANE, MAYOR ATTEST: By: CHRISTINE GREEN,CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD; 06-09-15; 71979) ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 12.05.003 (a) (2) “PROHIBITED PARKING-PARKING ON STREETS GENERALLY”; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, this ___ day of _______________2015. APPROVED: By: OLIN B. LANE, MAYOR ATTEST: By: CHRISTINE GREEN, CITY SECRETARY 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@EC050878\@BCL@EC050878.docx 5:33 PM 07/02/15 AGENDA MEMO 7/7/2015Agenda TO:Honorable Mayor and City Council FROM:Gene R. Smallwood, P.E.; Directorof Public Works SUBJECT:Public Hearing –Water Quality Report BACKGROUND: As required by State and Federal regulations, each City is required to develop and submit an annual report regarding its drinking water quality. As part of that submittal, we are required to conduct two public hearing toallow University Park residents to comment on the report. As in past years, the City’s drinks water quality meets or exceeds all Federal (EPA) requirements. The first public hearingis scheduled for Tuesday, July 7th, and the second public hearing is advertised for July 21st. RECOMMENDATION: Staff recommends that City Council opens the public hearing,receive comments, and close the public hearing. No other action is required. City of University ParkCity of University Park 1st CLASS PRSRT U.S. POSTAGE PAID DALLAS, TX PERMIT NO. 407 City of University Park 3800 University Blvd.University Park, TX 75205-1711 2013Annual Drinking Water Quality ReportAnnual Drinking Water Quality Report City of University Park Our Drinking Water Meets or Exceeds All Federal (EPA) Drinking Water RequirementsThis report is a summary of the quality of the water we provide our customers. The analysis was made by using the data from the most recentU.S. Environmental Protection Agency (EPA) required tests and is presentedin the attached pages. We hope this information helps you become moreknowledgeable about what’s in your drinking water. About The Following PagesThe pages that follow list all of the federally regulated or monitored contaminants which have been found in your drinking water. The U.S.EPA requires water systems to test for up to 97 contaminants. Definitions Maximum Contaminant Level (MCL)The highest permissible level of a contaminant in drinking water. MCLsare set as close to the MCLGs as feasible using the best available treatment technology. Maximum Contaminant Level Goal (MCLG)The level of a contaminant in drinking water below which there is noknown or expected health risk. MCLGs allow for a margin of safety. Maximum Residual Disinfectant Level (MRDL)The highest level of disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for controlof microbial contaminants. Maximum Residual Disinfectant Level Goal (MRDLG)The level of a drinking water disinfectant below which there is no knownor expected risk to health. MRDLGs do not reflect the benefits of the useof disinfectants to control microbial contamination. Treatment Technique (TT)A required process intended to reduce the level of a contaminant in drinking water. Action Level (AL)The concentration of a contaminant which, if exceeded, triggers treatmentor other requirements which a water system must follow. Abbreviations NTU - Nephelometric Turbidity Units MFL -million fibers per liter (a measure of asbestos) pCi/L -picocuries per liter (a measure of radioactivity) ppm - parts per million, or milligrams per liter (mg/L) ppb -parts per billion, or micrograms per liter (µg/L) ppt -parts per trillion, or nanograms per liter ppq -parts per quadrillion, or picograms per liter Public Participation Opportunities Date:July 7, 2015 and July 21, 2015 Time:5:00 pm Location:Council Chamber Phone No:(214) 363-1644To learn about future public meetings (concerning your drinking water),or to request to schedule one, please call us. En EspañolEste informe incluye información importante sobre el agua potable. Si tiene preguntas o comentarios sobre éste informe en español, favor de llamar al tel. (214) 363-1644 - para hablar con una persona bilingüe en español. You may be more vulnerable than the general population to certainmicrobial contaminants, such as Cryptosporidium, in drinking water.Infants, some elderly or immunocompromised persons such as thoseundergoing chemotherapy for cancer; those who have undergone organtransplants; those who are undergoing treatment with steroids; and people with HIV/AIDS or other immune system disorders can be particularly at risk from infections. You should seek advice aboutdrinking water from your physician or health care provider. Additional guidelines on appropriate means to lessen the risk of infection byCryptosporidium are available from the Safe Drinking Water Hotline (1-800-426-4791). Special Notice Required Language for ALL Community Public Water Supplies: ALL drinking water may contain contaminants.When drinking water meets federal standards there may not be any healthbased benefits to purchasing bottled water or point of use devices.Drinking water, including bottled water, may reasonably be expected tocontain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk.More information about contaminants and potential health effects can be obtained by calling the EPA’s Safe Drinking Water Hotline (1-800-426-4791). Secondary ConstituentsMany constituents (such as calcium, sodium, or iron) which are often foundin drinking water, can cause taste, color, and odor problems. The taste andodor constituents are called secondary constituents and are regulated by theState of Texas, not the EPA. These constituents are not causes for healthconcern. Therefore, secondaries are not required to be reported in this document but they may greatly affect the appearance and taste of your water. Year or Average Minimum Maximum Unit of Range Contaminant Level Level Level MCL MCLG Measure Source of Contaminant Bromoform, chloroform, dichlorobromomethane, and dibromochloromethane are disinfection byproducts. There is no maximum contaminant levelfor these chemicals at the entry point to distribution. 2014 Fluoride 0.686 0.500 0.686 4 4 ppm Erosion of natural deposits; water additive which promotes strong teeth; discharge from fertilizer and aluminum factories. 2014 Nitrate 0.822 0.0100 0.822 10 10 ppm Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits. Year or Average Minimum Maximum Unit of Range Contaminant Level Level Level MCL MCLG Measure Source of Contaminant Inorganic Contaminants 2014 Chlorine Residual 2.72 0.10 4.20 4 <4 ppm Disinfectant used to control microbes. Average Minimum Maximum Unit of Year Disinfectant Level Level Level MRDL MRDLG Measure Source of Disinfectant Maximum Residual Disinfectant Level Organic Contaminants WAIVED OR NOT YET SAMPLEDUnregulated Initial Distribution System Evaluation for Disinfection Byproducts 2014 Total Haloacetic Acids 7.7 4.4 9.9 60 ppb By-product of drinking water disinfection. 2014 Total Trihalomethanes 6.77 1.9 17.3 80 ppb By-product of drinking water disinfection. Average Minimum Maximum Unit of Year Contaminant Level Level Level MCL Measure Source of Contaminant Disinfection Byproducts 2013 Lead 1.55 0 15 ppb Corrosion of household plumbing systems; erosion of natural deposits. 2013 Copper 0.20 0 1.3 ppm Corrosion of household plumbing systems; erosion of natural deposits; leaching from wood preservatives. The 90th Number of Sites Action Unit of Year Contaminant Percentile Exceeding Action Level Level Measure Source of Contaminant Lead and Copper 2014 Chloroform 2.57 1.00 2.57 ppb By-product of drinking water disinfection. 2014 Bromodichloromethane <1.00 <1.00 1.00 ppb By-product of drinking water disinfection. Year or Average Minimum Maximum Unit of Range Contaminant Level Level Level Measure Source of Contaminant Unregulated Contaminants Required Additional Health Information for LeadIf present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily frommaterials and components associated with service lines and home plumbing. This water supply is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposureby flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to haveyour water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking WaterHotline or at http://www.epa.gov/safewater/lead. 2014 Simazine 0.13 0.05 0.13 4 4 ppb Herbicide runoff. 2014 Atrazine 0.16 0.08 0.16 3 3 ppb Runoff from herbicide used on row crops. Systems must complete and submit disinfection data on the Disinfection Level Quarterly Operating Report (DLQOR). On the CCR report, thesystem must provide disinfectant type, minimum, maximum and average levels. Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches. Total Coliform REPORTED MONTHLY TESTS FOUND NO COLIFORM BACTERIA. Fecal Coliform REPORTED MONTHLY TESTS FOUND NO FECAL COLIFORM BACTERIA. 2014 Turbidity 0.21 100.00 0.3 NTU Soil runoff. Highest Single Lowest Monthly % of Turbidity Unit of Year Contaminant Measurement Samples Meeting Limits Limits Measure Source of Contaminant Turbidity 2014 Bicarbonate 33.3 10 33.3 NA ppm Corrosion of carbonate rocks such as limestone. 2014 Chloride 54.8 5.00 54.8 300 ppm Abundant naturally occurring element; used in water purification; byproduct of oil field activity. 2014 Hardness as 109 78 158 NA ppm Naturally occurring calcium and magnesium. Ca/Mg 2014 pH 8.84 8.84 8.84 >7.0 units Measure of corrosivity of water. 2014 Sodium 62.7 0.200 62.7 20,000 ppm Erosion of natural deposits; byproduct of oil field activity. 2014 Sulfate 158 5.00 158 300 ppm Naturally occurring; common industrial byproduct; byproduct of oil field activity. 2014 Total Alkalinity 33.3 10.0 33.3 NA ppm Naturally occurring soluble mineral salts. as CaCO3 2014 Total Dissolved 386 10.0 386 1000 ppm Total dissolved mineral constituents Solids in water. Year or Average Minimum Maximum Secondary Unit of Range Contaminant Level Level Level Limit Measure Source of Contaminant Secondary and Other Constituents Not Regulated (No associated adverse health effects) Where do we get our drinking water?The source of drinking water used by the City of University Park isPurchased Surface Water from ELM FORK TRINITY RIVER. A SourceWater Susceptibility Assessment for your drinking water sources(s) is currently being updated by the Texas Commission on EnvironmentalQuality. This information describes the susceptibility and types of constituents that may come into contact with your drinking water sourcebased on human activities and natural conditions. The information contained in the assessment allows us to focus our source water protectionstrategies. Some of this source water assessment information will beavailable later this year on Texas Drinking Water Watch athttp://dww.tceq.state.tx.us/DWW/. For more information on source waterassessments and protection efforts at our system, please contact us. WATER SOURCES:The sources of drinking water (both tap water andbottled water) include rivers, lakes, streams, ponds, reservoirs, springs,and wells. As water travels over the surface of the land or through theground, it dissolves naturally-occurring minerals, and in some cases,radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may bepresent in source water before treatment include: microbes, inorganic contaminants, pesticides, herbicides, radioactive contaminants, and organicchemical contaminants.Contaminants that may be present in source water include:•Microbial contaminants- such as viruses and bacteria, which may comefrom sewage treatment plants, septic systems, agricultural livestock oper-ations, and wildlife.•Inorganic contaminants - such as salts and metals, which can be naturally-occurring or result from urban storm water run-off, industrial ordomestic wastewater discharges, oil and gas production, mining, or farm-ing. City of University Park •Pesticides and herbicides - may come from a variety of sources such asagriculture, urban storm water run-off, and residential uses.•Organic chemical contaminants - including synthetic and volatileorganic chemicals, which are by-products of industrial processes andpetroleum production, and can also come from gas stations, urban stormwater run-off, and septic systems.•Radioactive contaminants - can be naturally-occurring or be the resultof oil and gas production, and mining activities.