HomeMy WebLinkAbout2014.10.21 City Council AgendaCity Council
City of University Park
Meeting Agenda
City Hall
3800 University Blvd.
University Park, TX 75205
Council Chamber5:00 PMTuesday, October 21, 2014
EXECUTIVE SESSION
3:30 - 4:00 P.M. Pursuant to TGC§ 551.072, the City Council will meet in closed session to discuss
real estate matters. No action will be taken. Executive Conference Room, 1st Floor, City Hall.
PRE-MEETING WORK SESSION(S)
4:00 - 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: Councilmember Taylor Armstrong
B.PLEDGE OF ALLEGIANCE: Councilmember Taylor Armstrong / Boy Scouts
C.INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr.
D.INTRODUCTION OF STAFF: City Manager Robbie Corder
II.AWARDS AND RECOGNITION
Proclamation – Arbor Day 2001414-225
Staff Report
Arbor Day 2014
Attachments:
Proclamation - 75th Anniversary of University Park United Methodist
Church
14-224
10-21-14 UPUMC ProclamationAttachments:
Page 1 City of University Park Printed on 10/17/2014
October 21, 2014City Council Meeting Agenda
III.CONSENT AGENDA
Consider award of Bid #2014-07 for Stone, Concrete Sand, Pea Gravel,
and Sandy Loam
14-199
Staff Report
Bid Tabulation - 2014-07
Attachments:
Consider and act on a resolution approving an interlocal agreement with
Dallas County for participation in the Household Hazardous Waste
Program
14-206
Staff Report
FY15 Budget Shares Final
ILA FY15 - University Park
264approve HHW ILA with Dallas County61979
Attachments:
Consider approval of a request from Southern Methodist University
(SMU) to use Bush Avenue from Mockingbird Lane to SMU Boulevard
as a staging area for their Homecoming Parade Floats
14-210
Staff Report
SMU Homecoming Ltr 2014
SMU Homecoming Parade (2014) Revised Route
SMU Public Assembly Permit App 2014
Attachments:
Consider award of a contract for annual sidewalk replacement14-212
Staff Report
Bid Tab 10 02 2014
Attachments:
Consider approval of a resolution renewing the City's investment policy14-216
Staff Report
Resolution Renewing Invest Policy 10212014
Investment Policy 10212014
Attachments:
Consider approval of an ordinance amending the FY2014 budget and
providing for transfers of funds
14-217
Staff Report
Ordinance amending FY2014 budget 10.21.2014
Attachments:
Page 2 City of University Park Printed on 10/17/2014
October 21, 2014City Council Meeting Agenda
Consider approval of an ordinance amending the FY2015 budget to
carryover FY2014 encumbrances
14-218
Staff Report
Encumbrances Summary FY2015
Ordinance amending FY2015 budget 10.21.2014
Encumbrances FY2015
Attachments:
Consider approval of the minutes of the September 24, 2014
Community Meeting - HPISD/City Natatorium Proposal and minutes of
the October 7, 2014 City Council Meeting with or without corrections
14-219
Staff Report
September 24, 2014 Community Meeting Minutes
October 7, 2014 City Council Meeting Minutes
Attachments:
IV.MAIN AGENDA
Consider approval of an agreement between the City of University Park
and the Jan and Trevor Rees-Jones Revocable Trust for improvements
to McFarlin Boulevard (3801 McFarlin)
14-220
Staff Report
264TRJ McFarlin Agreement67950 (3) FINAL 10.17.14
Attachments:
Consider approval of an agreement between the City of University Park
and the Estate of Adele N. Seybold (3805 McFarlin)
14-221
Staff Report
264Locke re McFarlin improvements67888 FINAL 10.17.14
Attachments:
Consider approval of the City's FY15 participation in the North Central
Texas Council of Government (NCTCOG) Regional Storm Water
Management Program
14-209
Staff Report
UP_RSWMP_LOA_FY15
FY15 - Appendix A - Deliverables
FY15 - Appendix B - Budget
FY15 Work Program
Attachments:
Consider approval of the renewal of property, liability and worker's
compensation coverage with the Texas Municipal League
Inter-Governmental Risk Pool in the amount of $220,769.52
14-211
Staff Report
Property, Casualty & Liability Insurance Committee Minutes
TML renewal 10.1.2014
Attachments:
Page 3 City of University Park Printed on 10/17/2014
October 21, 2014City Council Meeting Agenda
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 4 City of University Park Printed on 10/17/2014
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
(10/21/2014AGENDA)
DATE: October15, 2014
TO: Honorable Mayor and Members of the City Council
FROM: Gerry Bradley, Director of Parks
SUBJECT: Proclamation –Arbor Day20014
BACKGROUND:
Since 1982,the City of University Parkhas planted over 3700 trees within our
communityas part of the very successful “Trees for Town” programas well as
the planting of trees as part of our citywide re-forestation program. In an effort to
continue to demonstrate our city’scommitment to the health, wellbeing and
aesthetics of our community, staff is requesting City Council consider the
approval of a proclamationestablishing Friday, November21, 2014as “Arbor
Day”in the City of University Park.This will be the 10th year the City has
observed this program and the 9th year as being recognized by the National
Arbors Day Foundation as a “Tree City USA” community.
RECOMMENDATION:
Staff is requesting City Council approve the proclamation establishing Arbor Day
in the City of University Park on Friday, November 21, 2014. Staff believes that
this will be an excellent opportunity to remind residentsof the importance of
planting trees during this time of year.
ATTACHMENTS:
Proclamation
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Elizabeth Anderson, Purchasing Manager
SUBJECT:Bid # 2014-07 for Stone, Concrete Sand, Pea Gravel, and Sandy Loam
BACKGROUND:
We received bids on September 26 for asphaltic materials to be supplied on an annual
basis. Six vendors responded, and the low bidders are as follows:
Crushed Stone provided by Martin Marietta at $25.00/ton, $80,000 annually
Estimated usage is 3,200 tons/year
Concrete Sand provided by DFW Aggregates at $25.85/ton, $82,720 annually
Estimated usage is 3,200 tons/year
Pea Gravel provided by ParnosaAcquisition Company at $20.85/ton, $29,190 annually
Estimated usage is 1,400 tons/year
Sandy Loam provided by DFW Materials at $19.00/ton, $19,000 annually
Estimated usage is 1,000 tons/year
Our Infrastructure Maintenance Supervisor has inspected all materials and confirmed
that they will meet his needs. Deliveries will begin in November and all prices include
freight. This annual contract includes a one-year renewal.
RECOMMENDATION:
Staff recommends awarding the contracts to the low bidder for each component. The
total annual expenditure would be $210,910.00.
BID 2014-07 STONE, CONCRETE SAND, PEA GRAVEL, SANDY LOAM - ANNUAL CONTRACT
9/29/2014
COMMODITY COMPANY UNIT PRICE
ANNUAL USAGE
(TONS)EXTENDED PRICE VENDOR COMMENTS
CRUSHED STONE MARTIN MARIETTA 25.00$ 3200 80,000.00$
MATERIAL IS BID FROM THE DALLAS YARD.
DELIVERY BID WITH END DUMP TRACTOR TRAILER.
ATTACHED IS FORMAL QUOTE WITH STD. TERMS
AND CONDITIONS.
CRUSHED STONE CJA ENTERPRISES 27.20$ 3200 87,040.00$
CRUSHED STONE DFW MATERIALS 28.00$ 3200 89,600.00$
CRUSHED STONE DFW AGGREGATES 31.37$ 3200 100,384.00$
CRUSHED STONE PARNOSA ACQUISITION COMPANY 32.50$ 3200 104,000.00$ 1" #4 PER SPEC
CRUSHED STONE THE LETCO GROUP / LIVING EARTH 35.50$ 3200 113,600.00$ #57 LIMESTONE
COMMODITY COMPANY UNIT PRICE
ANNUAL USAGE
(TONS)EXTENDED PRICE VENDOR COMMENTS
CONCRETE SAND DFW AGGREGATES 25.85$ 3200 82,720.00$
CONCRETE SAND PARNOSA ACQUISITION COMPANY 26.50$ 3200 84,800.00$ CONCRETE SAND PER SPEC
CONCRETE SAND DFW MATERIALS 27.33$ 3200 87,456.00$
CONCRETE SAND CJA ENTERPRISES 28.60$ 3200 91,520.00$
CONCRETE SAND THE LETCO GROUP / LIVING EARTH 30.00$ 3200 96,000.00$
CONCRETE SAND MARTIN MARIETTA NO BID 3200 NO BID
COMMODITY COMPANY UNIT PRICE
ANNUAL USAGE
(TONS)EXTENDED PRICE VENDOR COMMENTS
PEA GRAVEL PARNOSA ACQUISITION COMPANY 20.85$ 1400 29,190.00$ 3/8" PEA GRAVEL PER SPEC
PEA GRAVEL CJA ENTERPRISES 21.50$ 1400 30,100.00$
PEA GRAVEL DFW MATERIALS 21.83$ 1400 30,562.00$
PEA GRAVEL DFW AGGREGATES 25.85$ 1400 36,190.00$
PEA GRAVEL THE LETCO GROUP / LIVING EARTH 32.00$ 1400 44,800.00$
PEA GRAVEL MARTIN MARIETTA NO BID 1400 NO BID
COMMODITY COMPANY UNIT PRICE
ANNUAL USAGE
(TONS)EXTENDED PRICE VENDOR COMMENTS
SANDY LOAM DFW MATERIALS 19.00$ 1000 19,000.00$
SANDY LOAM THE LETCO GROUP / LIVING EARTH 21.60$ 1000 21,600.00$ LOAM/TON
SANDY LOAM DFW AGGREGATES 21.85$ 1000 21,850.00$
SANDY LOAM CJA ENTERPRISES 24.25$ 1000 24,250.00$
SANDY LOAM PARNOSA ACQUISITION COMPANY 26.50$ 1000 26,500.00$ GRADE 1 SANDY LOAM PER SPEC
SANDY LOAM MARTIN MARIETTA NO BID 1000 NO BID
10/8/2014 10:16 AM
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/7/2014Agenda
TO: Honorable Mayor and City Council
FROM: Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT:Consider and act on a resolution approving an interlocal agreement with
Dallas County for participation in the Household Hazardous Waste Program
BACKGROUND:
The Dallas County Household Hazardous Waste Disposal Program was initiated in
1994. Citizens of University Park have used the Home Chemical Collection Center
(located at 11234 Plano Road in Dallas) to dispose of their paint, herbicides, pesticides,
etc. University Park's annual contribution to the program is funded as a $25,000
expenditure from the Sanitation Division FY 2015 budget.
RECOMMENDATION:
Staff recommends City Council approval of the resolution authorizing the City Manager
to execute an InterlocalAgreement with Dallas County to coordinate a countywide
Household Hazardous Waste Disposal Program.
1
2 PERSONNEL EXPENSE
3 Salary, Pgm. Mgr.$ 66,981 $ 69,660 $ 69,660
4 Fringe, Pgm. Mgr.20,493$ 21,570$ 21,570$
5 Salary, Pgm. Coordinator $ 50,652 $ 52,678 $ 52,678
6 Fringe, Pgm. Coordinator 17,581$ 18,543$ 18,543$
7 Salary, HHW Admin. Asst.$ 36,858 39,069$ $ 39,069
8 Fringe, HHW Admin. Asst.15,122$ 16,116$ 16,116$
9 Salary, Haz. Waste Specialist (A)$ 44,740 $ 44,699 $ 44,699
10 Fringe, Haz. Waste Specialist 16,527$ 17,120$ 17,120$
11 Salary, Haz. Waste Specialist (B)$ 44,699 $ 44,699 $ 44,699
12 Fringe, Haz. Waste Specialist 16,520$ 17,120$ 17,120$
13 Salary, Haz. Waste Technician / Proposed Specialist $ 32,864 $ 44,699 $ 44,699
14 Fringe, Haz. Waste Technician / Proposed Specialist 14,410$ 17,120$ 17,120$
15 PERSONNEL BUDGET SUB-TOTAL 377,446$ 403,093$ 403,093$
16 PROGRAM OPERATING EXPENSE
17 Advertising 16,000$ 28,000$ 28,000$
18 Books & Supplements 175$ 175$ 175$
19 Collection Supplies & Tools 26,500$ 28,000$ 28,000$
20 Communications (Cell Phones, Pagers)0$ 0$ 500$
21 Computer Expense (Hardware, Software, Etc.) 1,200$ 1,200$ 1,600$
22 Dues/Subscriptions 500$ 500$ 600$
23 Equipment Rental 900$ 900$ 900$
24 Equipment Repair 3,000$ 3,000$ 3,000$
25 Fuel 7,000$ 7,000$ 7,000$
26 Laundry Service 3,000$ 3,000$ 2,500$
27 Medical Surveillance 4,300$ 4,300$ 4,300$
28 Mileage/Parking for Routine Business 1,500$ 1,500$ 1,500$
29 Office Equipment Purchase/Rentals 1,800$ 1,800$ 1,800$
30 Office furnishings 300$ 300$ 300$
31 Office Supplies 1,400$ 1,500$ 1,500$
32 Personal Safety Equipment/Devices 48,000$ 50,000$ 50,000$
33 Postage/Freight/Courier 700$ 1,200$ 1,200$
34 Printing/Signage 1,000$ 1,000$ 1,000$
35 Public Education Materials 1,000$ 1,000$ 1,000$
36 Staff Development/Training Fees & Supplies 3,400$ 3,400$ 3,400$
37 Travel for Staff Development & Special Business 600$ 600$ 600$
38 Uniforms 6,000$ 6,000$ 6,000$
39 Utilities/Maintenance Expense for HC3 70,000$ 70,000$ 75,000$
40 Vehicle Maintenance 4,500$ 4,500$ 4,500$
41 Volunteer Support/Incentives 1,100$ 1,100$ 1,100$
42 TOTAL OPERATING EXPENSE BUDGET 203,875$ 219,975$ 225,475$
43 COMBINED PERSONNEL AND OPERATING EXPENSE 581,321$ 623,068$ 628,568$
44 1OPERATIONS OFFSET FROM CARRYOVER 0$ (26,500)($ (30,000)($
45 2 NET OPERATING & PERSONNEL COST TO CITIES 581,321$ 596,568$ 598,568$
46
47 Building Maintenance 10,000$ 10,000$ 10,000$
48 Equipment 10,000$ 10,000$ 10,000$
49 TOTAL CAPITAL EXPENSE 20,000$ 20,000$ 20,000$
50 2 NET OPERATING, PERSONNEL, AND CAPITAL COST TO CITIES 601,321$ 616,568$ 618,568$
51
OPERATIONAL AND CAPITAL BUDGETS
CAPITAL EXPENSE
Line
#Budget Item FY13 FY14
DALLAS COUNTY HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY15 HHW Budget
Draft 2
FY15
52
53 3Collection/Mobilization/Disposal 619,500$ 650,000$ 685,000$
54 Contractual Labor/Temp Labor 175,000$ 184,000$ 184,000$
55 ESTIMATED TOTAL COLLECTION/DISPOSAL COST 794,500$ 834,000$ 869,000$
56 1LABOR OFFSET FROM CARRYOVER (80,000)($ (80,000)($ (80,000)($
57 2 NET COLLECTION/DISPOSAL COST TO CITIES 714,500$ 754,000$ 789,000$
58
59
60 2 NET COST TO CITIES 1,315,821$ 1,370,568$ 1,407,568$
61 1TOTAL OFFSET FROM CARRYOVER $ 80,000 $ 106,500 $ 110,000
62 TOTAL PROGRAM BUDGET 1,395,821$ 1,477,068$ 1,517,568$
1
2 1Special capital purchases and projects 45,000$ 65,000$ 21,000$
3 2Emergency capital reserve $ 50,000 $ 50,000 $ 50,000
4 ADDITIONAL CARRYOVER USAGE 95,000$ 115,000$ 71,000$
COLLECTION/DISPOSAL BUDGET
OVERALL PROGRAM BUDGET (Operational, Collection/Disposal, Capital)
File: FY15 Budget & Shares Final
NOTES:
3 COLLECTION/DISPOSAL represents estimated disposal costs billed to participating cities on an as-used basis. Actual cost may be less
or more, depending on economies achieved and available city funding.
2 NET COST TO CITIES represents the actual cost billed to participating cities after carryover offset is applied.
1 OFFSET FROM CARRYOVER represents funds carried over from prior year budgets and applied to current year budget in order to offset
out-of-pocket expense to participating cities.
ADDITIONAL RECOMMENDED USE OF PREVIOUS YEAR CARRYOVER FUNDS
NOTES:
1SPECIAL CAPITAL PURCHASES AND PROJECTS are off-budget expenses for which the cities request to use previous year carryover
funds. FY15 projects include replacement of one can crusher at a cost of up to $18,000 and replacement of two aging computer/printer
systems at a cost of up to $3,000.
2EMERGENCY CAPITAL RESERVE represents funds reserved from prior year carryover to cover unexpected capital expenses that
cannot be covered within the budget, thus avoiding the need for special assessments to the cities. The capital reserve fund does not
accrue and must be re-approved each year.
City
Service Area Based on
Single Family
Households as per
Current NCTCOG
Estimates
Percent of
Service Area
FY15 Quarterly
Share of
Operational and
Capital Budgets*
FY15 Annual
Share of
Operational and
Capital Budgets*
Addison 1,740 0.32%500$ 2,001$
Dallas 284,450 52.88%81,775$ 327,100$
De Soto 15,289 2.84%4,395$ 17,581$
Duncanville 11,593 2.16%3,333$ 13,331$
Farmers Branch 8,764 1.63%2,520$ 10,078$
Garland 64,078 11.91%18,421$ 73,686$
Highland Park 3,514 0.65%1,010$ 4,041$
Irving 40,834 7.59%11,739$ 46,957$
Mesquite 38,967 7.24%11,202$ 44,810$
Richardson 30,202 5.61%8,683$ 34,730$
Rowlett 18,689 3.47%5,373$ 21,491$
Sachse 6,819 1.27%1,960$ 7,841$
Seagoville 3,653 0.68%1,050$ 4,201$
Sunnyvale 1,728 0.32%497$ 1,987$
University Park 7,594 1.41%2,183$ 8,733$
TOTAL 537,914 100%154,642$ 618,568$
* NOTE: FY15 Operational Budget = $598,568 Capital Costs = $20,000 Combined Operational and Capital Budget =
$618,568
Proportional Shares of FY2015 Operational and Capital Budget *
DALLAS COUNTY HOUSEHOLD HAZARDOUS WASTE PROGRAM
Based on Estimated SINGLE FAMILY HOUSING UNITS
Prepared for FY15 Budget Meeting
Operational and Capital budget shares are determined by multiplying each city's Percent of Service Area times the
budget total. City shares are billed quarterly in advance and may be proportionately adjusted in the event city
participation changes. Disposal costs are paid in addition to Operational and Capital costs and are based on actual
usage.
HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 1 of 3
STATE OF TEXAS §
§
COUNTY OF DALLAS §
AMENDMENT NO. 2
TO THE HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT
(The “Agreement”)
BETWEEN
DALLAS COUNTY
AND
CITY OF UNIVERSITY PARK
(The “City”) A MEMBER CITY OF
THE DALLAS AREA HOUSEHOLD HAZARDOUS WASTE NETWORK
WHEREAS, on July 7, 2014 the Dallas County Commissioners Court was briefed on a
request from the cities of the Dallas Area Household Hazardous Waste Network to renew and revise
the effective term and specify new fiscal year budgets for the Household Hazardous Waste Program
Interlocal Agreement (“Agreement”) that permits four additional one-year renewals for a five-year
total contract term and was authorized by Court Order 2012-1223; and
WHEREAS, Amendment 1, which was authorized by Court Order 2013-1248 to renew and
extended the FY2013 agreement through FY2014, will expire on September 30, 2014; and
WHEREAS, the proposed Amendment No. 2, along with the attachment, will serve to
continue the Household Hazardous Waste Program through fiscal year 2015, while updating overall
program budget amounts and individual city budget limits for the new fiscal year; and
WHEREAS, proposed Amendment No. 2 contains no other changes in the basic terms and
conditions of the Agreement and incurs no cost to Dallas County;
NOW THEREFORE, by execution of this Amendment No. 2, the Agreement is amended
hereby with respect to the items and features described in the Articles below.
I.
PURPOSE
The purpose of this Amendment is to amend the effective term and fiscal year budget of the
Agreement without change to the basic terms and provisions. No other sections, provisions,
clauses or conditions of the Agreement are waived, deleted or changed hereby, and they shall
remain in full force and effect throughout the term of the Agreement and any duly authorized
amendments.
II.
AMENDED PROVISIONS
A. The new term of the Agreement shall be October 1, 2014, through September 30, 2015.
HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 2 of 3
B. The language contained in Paragraph 1, Section IV. City Responsibilities shall be deleted in its
entirety and replaced with the following language:
1. “A sum not to exceed $________________________________ for disposal, setup,
operational, capital and transportation costs for HHW collection for residents of the City
during the period from October 1, 2014 through September 30, 2015.
a. Collection, setup, and disposal costs will be paid after-the-fact, based on actual usage
by the City at events and at the collection center.
b. Operational and capital costs shall be paid quarterly in advance.
c. In the event of early withdrawal, the operational and capital costs will not be pro-rated for
partial quarter participation but will become immediately due and payable in full.”
C. The language contained in Exhibit C2014 of the Agreement entitled FY2014 HHW Program Budget Summary shall be deleted in its entirety and shall be replaced with the attached Exhibit
C2015 entitled FY2015 HHW Program Budget Summary.
IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives of
Dallas County and City of University Park, a member city of the Dallas Area Household
Hazardous Waste Network, do hereby agree and append this Amendment No. 2 to the Agreement.
EXECUTED THIS the day of , 2014.
DALLAS COUNTY: CITY OF UNIVERSITY PARK:
____________________________ ___________________________
BY: Clay Lewis Jenkins BY:
County Judge TITLE:
APPROVED AS TO FORM:*
Craig Watkins
District Attorney
Theresa Guerra Snelson
Chief, Civil Division
_____________________________
BY: Frank Waite
Assistant District Attorney
* By law, the Dallas County District Attorney’s Office may only advise or approve contracts or legal
documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our
approval of this document was offered solely for the benefit of our client. Other parties should not rely on this
approval, and should seek review and approval by their own respective attorney(s)
HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 3 of 3
Exhibit C2015
FY2015 HHW PROGRAM BUDGET SUMMARY
This exhibit summarizes the total program funding for FY2015 as approved by the Dallas Area
Household Hazardous Waste Network at its regular meeting on April 17, 2014, and replaces the language
contained in Amendment 1, Exhibit C2014 of the Household Hazardous Waste Program Interlocal
Agreement that was authorized by Court Order 2012-1223.
Fixed Costs include personnel expense, operating costs, and capital budget, which are shared by
the Network cities based on single-family household projections published by North Central Texas Council
of Governments.
• Personnel Expense includes all HHW staff salaries and fringe.
• Operating Expense includes supplies, equipment, advertising, public education, volunteer
support, staff development, printing, postage, facility maintenance, utilities, and all other direct
programming costs.
• Capital Expense includes building repairs, equipment repair or replacement, mechanical
upgrades, and expansion projects.
Variable costs include estimated direct costs for collection and disposal of hazardous household
wastes, which vary according to actual usage and are indicated in the budget summary for planning
purposes only. Funding for actual collection, contract labor, and disposal costs will be collected
from the cities after the fact, on an as-used basis.
• Collection/Mobilization/Disposal Budget includes estimated costs for staging of events,
recycling services, waste containers, waste transportation, and disposal.
• Contract Labor Expense is for part-time, seasonal labor provided by the disposal vendor.
Budget adjustments made to the Operational Budget during the term of the agreement shall not
result in a City Funding amount that exceeds the approved budget total shown herein. The County may
make line item transfers within the operating budget when these transfers do not exceed $5,000. Budget
adjustments in excess of $5,000 must be approved by the HHW Network.
BUDGET SECTION CITY FUNDING
FIXED COSTS (OPERATIONAL BUDGET)
Personnel Costs $ 403,093
Operating Costs $ 225,475
Capital Expense $ 20,000
Sub-Total $ 625,568
ESTIMATED VARIABLE COSTS
(COLLECTION / LABOR / DISPOSAL BUDGET)
$ 869,000
TOTAL PROGRAM BUDGET $1,517,568
RESOLUTION NO. _________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, APPROVINGAMENDMENT NO. 2TO THE CITY’S HOUSEHOLD
HAZARDOUS WASTE INTERLOCAL AGREEMENT WITH DALLAS COUNTY;
AUTHORIZING THE CITY MANAGER TO EXECUTE THEAGREEMENT;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City heretofore entered into an Interlocal Agreement with Dallas County and others regarding a Household Hazardous Waste Networkfor the collection and disposal of household hazardous waste; and,
WHEREAS,the City Council wishes to amend the Agreement to extend its term and
provide funding for the next fiscal year; Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION1.That Amendment No. 2to the “Household Hazardous Waste Interlocal Agreement”between Dallas County and the City of University Park, a true copy of which is attached hereto as Exhibit “A” and made part hereof for all purposes, is accepted and approved
in all respectsby the City Council to amend the effective term to end September 30, 2015and
to approve the fiscal year budget set out in the Agreement without change to its basic terms and
provisions. That the City Manager is authorized and directed to execute such Amendmenton behalfof the City of University Park and to take such other administrative steps as may be necessary to participate in the Network.
SECTION2.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 ____day of ____________2014.
APPROVED:
_______________________________
OLIN B. LANE,MAYOR
ATTEST:
________________________________________
CHRISTINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY (RLD/09-22-14; 61979)
EXHIBIT A
HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 1 of 3
STATE OF TEXAS §
§
COUNTY OF DALLAS §
AMENDMENT NO. 2 TO THE HOUSEHOLD HAZARDOUS WASTE INTERLOCAL
AGREEMENT (The “Agreement”) BETWEEN DALLAS COUNTY AND CITY OF
UNIVERSITY PARK (The “City”) A MEMBER CITY OF THE DALLAS AREA HOUSEHOLD
HAZARDOUS WASTE NETWORK
WHEREAS, on July 7, 2014 the Dallas County Commissioners Court was briefed on a request
from the cities of the Dallas Area Household Hazardous Waste Network to renew and revise
the effective term and specify new fiscal year budgets for the Household Hazardous Waste
Program Interlocal Agreement (“Agreement”) that permits four additional one-year renewals for
a five-year total contract term and was authorized by Court Order 2012-1223; and
WHEREAS, Amendment 1, which was authorized by Court Order 2013-1248 to renew and
extended the FY2013 agreement through FY2014, will expire on September 30, 2014; and
WHEREAS, the proposed Amendment No. 2, along with the attachment, will serve to continue
the Household Hazardous Waste Program through fiscal year 2015, while updating overall
program budget amounts and individual city budget limits for the new fiscal year; and
WHEREAS, proposed Amendment No. 2 contains no other changes in the basic terms and
conditions of the Agreement and incurs no cost to Dallas County;
NOW THEREFORE, by execution of this Amendment No. 2, the Agreement is amended
hereby withrespect to the items and features described in the Articles below.
I.
PURPOSE
The purpose of this Amendment is to amend the effective term and fiscal year budget of the
Agreement without change to the basic terms and provisions. No other sections, provisions,
clauses or conditions of the Agreement are waived, deleted or changed hereby, and they shall
remain in full force and effect throughout the term of the Agreement and any duly authorized
amendments.
II.
AMENDED PROVISIONS
A. The new term of theAgreement shall be October 1, 2014, through September 30, 2015.
HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 2 of 3
EXHIBIT A
B. The language contained in Paragraph 1, Section IV. City Responsibilities shall be deleted in
its entirety and replaced with the following language:
1. “A sum not to exceed $________________________________ for disposal, setup,
operational, capital and transportation costs for HHW collection for residents of the City during
the period from October 1, 2014 through September 30, 2015.
a. Collection, setup, and disposal costs will be paid after-the-fact, based on actual usage by
the City at events and at the collection center.
b. Operational and capital costs shall be paid quarterly in advance.
c. In the event of early withdrawal, the operational and capital costs will not be pro-rated for
partial quarter participation but will become immediately due and payable in full.”
C. The language contained in Exhibit C2014 of the Agreement entitled FY2014 HHW Program
Budget Summary shall be deleted in its entirety and shall be replaced with the attached Exhibit
C2015 entitled FY2015 HHW Program Budget Summary.
IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives of
Dallas County and City of UniversityPark, a member city of the Dallas Area Household
Hazardous Waste Network, do hereby agree and append this Amendment No. 2 to the
Agreement.
EXECUTED THIS the day of , 2014.
DALLAS COUNTY: CITY OF UNIVERSITY PARK:
____________________________ ___________________________
BY: Clay Lewis Jenkins
BY: County Judge TITLE:
APPROVED AS TO FORM:
Craig Watkins
District Attorney
Theresa Guerra Snelson
Chief, Civil Division
_____________________________
BY: Frank Waite
Assistant District Attorney
* Bylaw, the Dallas County District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf
of other parties. Our review of this document was conducted solely from the legal perspective of our
client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective
attorney(s)
HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 3 of 3
EXHIBIT A
Exhibit C2015
FY2015 HHW PROGRAM BUDGET SUMMARY
This exhibit summarizes the total program funding for FY2015 as approved by the Dallas Area
Household Hazardous Waste Network at its regular meeting on April 17, 2014, and replaces
the language contained in Amendment 1, Exhibit C2014 of the Household Hazardous Waste
Program Interlocal Agreement that was authorized by Court Order 2012-1223.
Fixed Costs include personnel expense, operating costs,and capital budget, which are shared
by the Network cities based on single-family household projections published by North Central
Texas Council of Governments.
• Personnel Expense includes all HHW staff salaries and fringe.
• Operating Expense includessupplies, equipment, advertising, public education, volunteer
support, staff development, printing, postage, facility maintenance, utilities, and all other direct
programming costs.
• Capital Expense includes building repairs, equipment repair or replacement, mechanical
upgrades, and expansion projects.
Variable costs include estimated direct costs for collection and disposal of hazardous
household wastes, which vary according to actual usage and are indicated in the budget
summary for planning purposesonly. Funding for actual collection, contract labor, and
disposal costs will be collected from the cities after the fact, on an as-used basis.
• Collection/Mobilization/Disposal Budget includes estimated costs for staging of events,
recycling services, waste containers, waste transportation, and disposal.
• Contract Labor Expense is for part-time, seasonal labor provided by the disposal vendor.
Budget adjustments made to the
Operational Budget during the term of
the agreement shall not result in a City
Funding amount that exceeds the
approved budget total shown herein.
The County may make line item
transfers within the operating budget
when these transfers do not exceed
$5,000. Budget adjustments in excess
of $5,000 must be approved by the
HHW Network. BUDGET SECTION
CITY FUNDING
FIXED COSTS (OPERATIONAL BUDGET)
Personnel Costs $ 403,093
Operating Costs $ 225,475
Capital Expense $ 20,000
Sub-Total $ 625,568
ESTIMATED VARIABLE COSTS
(COLLECTION / LABOR / DISPOSAL
BUDGET)
$ 869,000
TOTAL PROGRAM BUDGET $1,517,568
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Greg Spradlin, Chief of Police
SUBJECT:Approval of a request from Southern Methodist University(SMU) to
useBushAvenue from Mockingbird Lane to SMU Boulevard as a
staging area for theirHomecoming ParadeFloats
BACKGROUND:
The University Park Police Department received a Public Assembly application
from Mindy Rowland-Hess of Southern Methodist University (SMU) requesting
Bush Avenuebe utilized as a staging areafor their Homecoming Parade Floats
on Saturday, November 15, 2014.
The aforementioned floats and dignitary cars must forma single line on the
eastern curb of Bush Avenue facing north. The 3000 block of Binkley Avenue
(on the SMU Campus) will be utilized if additional space is necessary.
Two (2) Off-Duty Officers are required to work during this event to assist with
traffic. One will be stationed at the intersection of SMU Boulevard and Bush
Avenue and the other one will be located at Dyer Street and Airline Road.
Historically the parade is held three (3) hours prior to the start of the football
game. This year the game is being televised and the network can not provide
the school with that specific information until 10 to 14 days before the game.
RECOMMENDATION:
Staff recommends approval of this request providedthe requirements outlined by
the University Park Department of Public Works and the University Park Police
Department isfollowed.
2014 SMU HOMECOMING PARADE
ROUTE
2014 HOMECOMING PARADE ROUTE
•Start –Corner of SMU Boulevard and Bush Avenue
o Proceed west on SMU Boulevard to Airline
o Turn south onto Airline and proceed to Binkley
o Turn west onto Binkley and proceed to OwnbyDrive
o Turn south at Ownbyand proceed through parking lot behind Barr Pool
o Proceed through parking lot to LoydAll-Sports Center and turn west
o Proceed through parking lot to Bishop Boulevard
o Turn north onto Bishop and around to west side of Bishop
o Proceed south on Bishop to Schlegel, east onto Schlegel to Ownby
o Turn south at Ownbyto Mockingbird
•End –Corner of Ownbyand Mockingbird Lane
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT:Annual Sidewalk Replacement Program
BACKGROUND:
Code Enforcement staff address complaints regarding defective sidewalk throughout the
City. A list is compiled of the locations and the City Engineer develops contract
documents and notices for solicitation of bids. Bids were received on October 2nd, with
four contractors submitting proposals for work. A tabulation of bids is attached for your
review. The contractor submitting the low bid of $78,182 was Cam-Crete. Staff
reviewed his references and work experience and recommends approval. Funds are
available for the work in the Infrastructure Maintenance budget.
RECOMMENDATION:
Staff recommends City Council approval of the bid submitted by Cam-Crete in the
amount of $78,182, and authorization for the City Manager to enter into a contract.
Item Unit Total Unit Total Unit Total Unit Total
No.QuantityUnitDescription Amount Amount Amount Amount Amount Amount Amount Amount
SECTION 1 - Pay Items for Defective Sidewalk
DSW1 1323SY
RemoveExisting4"+/-Reinforced
Concrete Sidewalk $10.00$13,230.00 $15.00 $19,845.00 $15.00 $19,845.00 $40.00 $52,920.00
DSW2 68SY
RemoveExisting6"+/-Reinforced
Concrete Sidewalk Through
Driveway $10.00 $680.00 $20.00 $1,360.00 $35.00 $2,380.00 $54.00 $3,672.00
DSW3 1323SY
4"ReinforcedConcreteSidewalk
Class"C",6Sack,3600PSI@28
Days $44.00$58,212.00 $55.00 $72,765.00 $60.00 $79,380.00 $94.00 $124,362.00
DSW4 68SY
6"ReinforcedConcreteSidewalk
ThroughDrivewayClass"C",6
Sack, 3600 PSI@28 Days $45.00 $3,060.00 $62.13 $4,224.84 $30.00 $2,040.00 $108.00 $7,344.00
DSW5 3EA
Barrier-Free Ramps (ADA
Compliant)(Bricktobesupplied
by City of University Park)$1,000.00 $3,000.00 $1,600.00 $4,800.00 $1,300.00 $3,900.00 $2,500.00 $7,500.00
SECTION 1 -DEFECTIVE
SIDEWALK TOTAL BASE BID $78,182.00 $102,994.84 $107,545.00 $195,798.00
Cam-Crete Muniz Construction Ken-Do Contracting Ken-Do Contracting
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Thomas W. Tvardzik, Director of Finance
SUBJECT:Resolution renewing the City’s Investment Policy
BACKGROUND:
TheTexasPublicFundsInvestmentAct(the “PFIA”,also Chapter2256 ofthe Texas
GovernmentCode)requiresthat a city’sgoverningbody“review its investmentpolicy
andinvestmentstrategiesnot lessthanannually”and that thepolicybeadopted byrule,
order,ordinance,orresolution.TheCityCouncillast approvedUniversityPark’s
InvestmentPolicyvia resolution on July2, 2013.
ThisyearCitystaffproposedno changesto theinvestmentpolicy,andthereareno
amendmentsto thePFIAthat would impacttheCity'spolicy.The FinanceAdvisory
Committeereviews theproposed policyeachyearbefore makingarecommendationto
theCouncil.
TheCommitteemet on June12, 2014to considerthe proposedinvestmentpolicy.The
Committeerecommendedapprovalof the policy. Belowis asummaryof theinvestment
policy’skeypoints:
Identificationofthepolicy’sfourobjectives:safety,liquidity,yield,andprudence.
Safetyis alwaysthe highestpriorityobjective.(Section2.)
Descriptionof eligibleinvestments:U.S. Treasuryandagencyobligations; State
ofTexasandrelatedobligations; certainmunicipalbonds; repurchase
agreements;CD’s;moneymarketmutual funds; andlocalgovernment
investmentpools.(Section4.1.)
Approvalof investment vendors:theCitymayonlydo businesswithbroker-
dealers,banks,andotherswho havebeenreviewed andapprovedannuallyby
theFinanceAdvisoryCommittee.(Section 4.2.1.1.)
Diversificationofportfolio:Investmentholdings must remain within certain
maximum percentagesofthe total portfolio.(Section4.2.1.3.)
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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Designationofinvestment officers:Onlyauthorized individuals mayconduct
investmenttransactionsforthe City:DirectorofFinance Thomas Tvardzik;
ControllerCivic Yip;andCityManager Robbie Corder.
RECOMMENDATION:
CitystaffandtheFinanceAdvisory Committeerecommendapproval oftheproposed
Cityinvestment policy.
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. 13-008; 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 October 21, 2014.
SECTION 2.That the following individuals are hereby designated as Investment
Officers for the City of University Park: Thomas Tvardzik, Director of Finance; Robbie Corder,
City Manager; andCivic Yip, Controller.
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 21stday of October, 2014.
APPROVED:
__________________________________
OLIN B. LANE, MAYOR
APPROVED AS TO FORM:ATTEST:
_____________________________________________________________________
CITY ATTORNEY CHRISTINE GREEN,
CITY SECRETARY
EXHIBIT “A”
City of University Park, Texas
Investment Policy
Effective October 21,2014
City of University Park, Texas -Investment Policy
i
CONTENTS
Preface...............................................................................................................................1
1.PURPOSE
1.Authorization........................................................................................................1
2.Goal.......................................................................................................................1
3.Scope.....................................................................................................................1
4.Review and Amendment.......................................................................................2
2.INVESTMENT OBJECTIVES
1.Preservation and Safety of Principal.....................................................................2
1. Credit Risk.......................................................................................................22. Interest Rate Risk.............................................................................................2
2.Maintenance ofAdequate 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.............................................................................................44.Capital Projects Funds..........................................................................................5
4.SPECIFIC INVESTMENT POLICIES
1.Eligible Investments..............................................................................................51.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....................................................................56.Certificates of Depositand 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
2.Collateralization.....................................................................................8
City of University Park, Texas -Investment Policy
ii
3.Portfolio Diversification........................................................................8
4.Limiting Maturity...................................................................................9
2.Safekeeping .........................................................................................10
3.Effect of Loss of Required Rating...............................................................10
3.Ensuring Liquidity..............................................................................................10
4.AchievingInvestment Return Objectives...........................................................10
1.Securities Swaps..........................................................................................10
2.Competitive Bidding...................................................................................113.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......................................................123.Establishment of Internal Controls..............................................................12
4.Standard of Ethics.......................................................................................12
5.Training and Education...............................................................................13
6.Investment Committee................................................................................13
6.Reporting.............................................................................................................137.Compliance Auditand Accounting Method.......................................................14
8.Certification........................................................................................................14
5.ADOPTING CLAUSE.................................................................................................15
ATTACHMENTS
1.Investment Vendor Acknowledgement
2.Broker-Dealer and Bank Questionnaires
City of University Park, Texas -Investment Policy
1
PREFACE
The purpose of this document is to establish specific investment policy and strategy
guidelines for the City of University Park, Texas (“City”) to achieve the goals of safety,
liquidity,and yield for all investment activity. The City shall review its investment
strategies and policy not less than annually. This policy serves to satisfy the statutory requirement, specifically the Public Funds Investment Act, Chapter 2256 of the Texas Government Code (the “Act”), to define, adopt and review a formal investment strategy
and policy. All available funds shall be invested in conformance with these legal and
administrative guidelines.
Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will be pursued to take advantage of
investment interest as viable and material revenue to all operating and capital funds. The
City’s portfolio shall be designed and managed in a manner responsive to the public trust
and consistent with state and federal law.
Investments shall be made with the primary considerations of:
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.ScopeThis Investment Policy of the City of University Parkshall include all investment
activities of any fund of the City. The Firefighters’Relief and Retirement Fundis not a
City fund and is covered by a separate policy. In addition to this Policy, bond funds,
including debt service and reserve funds, shallbe managed by their governing resolution
City of University Park, Texas -Investment Policy
2
and federal law, including the Tax Reform Act of 1986 and subsequent legislation. City
funds will be pooled for investment purposes.
1-4.Review and AmendmentThis 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 OBJECTIVESThe 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 PrincipalThe 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 dueto 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.
City of University Park, Texas -Investment Policy
3
2-1-2 Interest Rate RiskThe 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 poolsand 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 sothat 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 maybe 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 oftheir 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 Officeror
Advisor had responsibility,rather than a consideration as to the prudence of a single investment, and whether the investment decision was consistent with the written
Investment Policy of the City.
City of University Park, Texas -Investment Policy
4
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 FundsThe 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 FundsThe 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.
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.
City of University Park, Texas -Investment Policy
5
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 InvestmentsInvestments 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 UnitedStates 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 AAor 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;
6. a. certificates of deposit issued by a depository institutionwith a main office or
branchin Texas that are:
1.guaranteed or insured by the Federal Deposit Insurance Corporation, or its
successor; or,
City of University Park, Texas -Investment Policy
6
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 ora depository institution (“bank”) that has its main office or a branch office in this state and that is selected by the City;
2.thebroker orbank 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 inTexas that are:
1.guaranteedor 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 lessand 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.
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
City of University Park, Texas -Investment Policy
7
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 GovernmentInvestment 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;and3)
TexasTERMand 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 toliquidate investments
that were authorized investments at the time of purchase.
4-2.Ensuring Safety of PrincipalEnsuring safety is accomplished through protection of principal and safekeeping.
4-2-1 Protection of PrincipalThe City shall seek to control the risk of loss due to the failure of a security issuer
or guarantorby 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 DVPthrough 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 assurethe 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 DepositoriesInvestments shall only be made with those firms and institutions who have
acknowledged receipt and understanding of the City’s Investment Policy. The
“qualified representative” of the business as defined in Chapter 2256 of the
Texas Government Code shall execute a written certification to acknowledge receipt of the City’s Investment Policy and to acknowledge that the organization has implemented reasonable procedures and controls to preclude
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
City of University Park, Texas -Investment Policy
8
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 publicentities 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 CollateralizationConsistent 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 GuidelinesRisk of principal loss in the portfolio as a whole shall be minimized by
diversifyinginvestment types according to the following limitations. As
discussed below, these limitations do not apply to bond proceeds.
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%
City of University Park, Texas -Investment Policy
9
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 ofa 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 maintaininga minimum of ten percent of the
portfolio maturing within thirty days, and twenty-five percent under one year.
Under 30 days 10% minimumUnder 1 year 25% minimumUnder 3years 85% minimum
Five years maximum single investment
Reserve funds and other funds with longer-term investment horizons may be invested in securities exceeding three years if maturities of such investments are made to coincide as nearly as practical with the expected use of fund. The
intent to invest in securities with longer maturities shall be disclosed in
writing to the City Council
4-2-2 SafekeepingThe 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
City of University Park, Texas -Investment Policy
10
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 RatingIf 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 InvestmentReturn ObjectivesInvestment selection for all funds shall be based on legality, appropriateness, liquidity,
and risk/return considerations. Although the City will adopt a “buy and hold” approach,
at times the portfolios may be actively managed to enhance overall interest income. Active management will take place within the context of the “Prudent Person Rule.” (see Section 2.4).
4-4-1 Securities Swaps
The City may take advantage of security swap opportunities to improve portfolio yield. A swap which improves portfolio yield may be selected even if the
transaction results in an accounting loss.
4-4-2 Competitive Bidding
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
City of University Park, Texas -Investment Policy
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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 PriceThe methods/sources to be used to monitor the price of investments that have been
acquired with public funds shall be from sources deemed reliable by the Investment
Officer, including primary or regional broker/dealers, established financial
institutions providing portfolio management/accounting services, third-party safekeeping reports, financial publications such as the Wall Street Journal, market
information vendors such as Bloomberg or Telerate,and market pricing services.
4-4-4 Benchmark Rate of Return
As a general guideline, the City’s cash management portfolio shall be designed with the objective of regularly meeting the average return on three-month U.S. Treasury Bills, or the average rate of 90-day Certificates of Deposit. These indices are
considered benchmarks for risk-free investment transactions and therefore comprise
a standard for the portfolio’s rate of return. Additional benchmarks may be
developed and recommended by the Investment Committee and used as a comparative performance measures for the portfolio. Additional benchmarks that may be considered for targeting by the Investment Committee include the Constant
Maturity Treasury Bill with the maturity that most closely matches the weighted
average maturity of the portfolio or a more customized index made up of blended
Merrill Lynch Treasury/Agency indices. The investment program shall seek to augment rates of return above this threshold, consistent with legal restrictions and prudent investment principles. In a diversified portfolio, measured losses are
inevitable and must be considered within the context of the overall portfolio.
4-5. Responsibility and Control
4-5-1 Authority to Invest
Authority to manage the City investment program is derived from a resolution of
the City. Those authorized by said resolution are designated as Investment Officers 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.
City of University Park, Texas -Investment Policy
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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 ControlsThe 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 couldimpair the ability to make impartial investment decisions.
City staff shall disclose to the City any material interests in firms or businesses that
conduct investment matterswith the City, and they shall further disclose positions
that could be related to the performance of the City portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to the timing of purchases and sales.
An investment officer of the City who has a personal business relationship with an
organization seeking to sell an investment to the City shall file a statement
disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A
statement required under this subsection must be filed with the Texas Ethics
Commission and the governing body of the City.
4-5-5 Training and EducationIn 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
City of University Park, Texas -Investment Policy
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relating to the officer’s responsibility under the Act within 12 months after
assuming investment duties.
4-5-6 Investment CommitteeAn 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 targetrate of return on the investment
portfolio.
4-6. ReportingInvestment 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. Thereport shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and
transactions made over the last quarter. This management summary will be prepared in a
manner which will allow the City to ascertain whether investment activities during the
reporting period have conformed to the Investment Policy. The management summary
shall: 1) summarize current market conditions, economic developments and anticipated investment conditions; 2) summarize investment strategies employed in the most recent
quarter; 3)describe the portfolio in terms of investment securities, maturities, risk
characteristics, and average return for the quarter; 4) outline conformance to the
restrictions of the Policy in the area of diversification and term of maturity; 5) compare
the performance of City’s portfolio to appropriate benchmarks as determined by the Investment Committee.
Additionally, the quarterly financial report will include the following detailed
information:
1.A listing of individual securities held at the end of the reporting period.
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.
City of University Park, Texas -Investment Policy
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6.The percentage of the total portfoliowhich 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 Auditand Accounting MethodIn 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 bodiesincluding 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 institutionwishing 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 negotiationand 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.
SECTION 5: ADOPTING CLAUSE
This Investment Policy for the City of University Park, Texas is hereby adopted as of the
21stday of October, 2014.
Mayor
Director of Finance
ATTEST:
City of University Park, Texas -Investment Policy
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City Secretary
City of University Park, Texas -Investment Policy
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ATTACHMENT 1
ACKNOWLEDGEMENTS
City of University Park, Texas -Investment Policy
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TEXAS PUBLIC FUNDS INVESTMENT ACT
ACKNOWLEDGMENTS
These Acknowledgments are executed on behalf of the City of University Park, Texas
(“Investor”) and _______________________(“Business Organization”) pursuant to the
Public Funds Investment Act, Chapter 2256, Government Code, Texas Codes
Annotated (the “Act”), in connection with investment transactions conducted between the
Investor and the Business Organization.
Acknowledgment by Investor
The undersigned investment officer of the Investor (“Investment Officer”) hereby
acknowledges, represents and agrees on behalf of the Investor that:
(i)The Investment Officer (a) has been duly designated by official action of the
governing body of the Investor to act as its Investment Officer pursuant to the
Act, (b) is vested with full power and authority under the Act and other applicable
law to engage in investment activities on behalf of theInvestor, 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 rescissionof, 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 ofinvestments 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
Thomas W. Tvardzik
Director of Finance
City of University Park, Texas
Signature:
Date:
City of University Park, Texas -Investment Policy
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Acknowledgment by Business Organization
I am a registered principal or authorized representative of _________________
(the “Firm”). The Firm is a registered dealer under the Securities Exchange Act
of 1934 (the “Act”), and a member of the Financial Industry Regulatory Authority
(“FINRA”).
I have received a copy of the City of University Park (the “City”) investment policy
dated ___. I have provided each current licensed member of the sales
personnel who perform investment services for the City with a copy of your
investment Policy and haveinstructed 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
City of University Park, Texas -Investment Policy
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ATTACHMENT 2:
BROKER-DEALER AND BANK
QUESTIONNAIRES
City of University Park, Texas -Investment Policy
1
City of University Park, Texas
BROKER/DEALER QUESTIONNAIRE
1.Name of Firm
2.Address
(Local)(National Offices)
3.Telephone ( )
4.Primary Representatives/Manager/Partner In-charge:
Name Name
Title Title
Telephone Telephone
5.Are you a primary dealer in U.S. Government securities? [ ] Yes [ ] No
6.If so, for how long has your firm been a primary dealer? years
7.What was your firm's total volume in U.S. Government securities trading last year?
Firmwide $Number of transactions
Your local office $Number of transactions
8.Which instruments are offered regularly by your local desk?
[ ] T-bills [ ] Agencies (specify) [ ] Instrumentalities [ ] Bank CDs [ ] S&L CDs
[ ] Treasury notes/bonds [ ] BAs (domestic) [ ] BAs (foreign) [ ] Commercial paper
[ ] Other (specify)
9.Identify all personnel who will be trading with or quoting securities to our government's
employees.
Name:Telephone Number:
(Attach Resumes Of All The Above Persons)
10.Which of the above personnel have read our government investment policies?
11.Please identify our most directly comparable public sector clients in our geographical
area.
Entity:Contact Person:Telephone No.: Client Since:
12. Have any of your clients ever sustained a loss on a securities transaction arising from a
misunderstanding or misrepresentation of the risk characteristics of the instrument? If so,
explain.
13.Have any of your public sector clients ever reported to your firm, its officers or
employees, orally or in writing, that they sustained a loss (in a single year) exceeding 10
percent of original purchase price on any individual security purchased through your firm?
(Explain.)
14.Has your firm ever been subject to a regulatory or state/federal agency investigation for
alleged improper, fraudulent, disreputable or unfair activities related to the sale of
securities? Have any of your employees ever been so investigated? (Explain.)
City of University Park, Texas -Investment Policy
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15.Has a public sector client ever claimed, in writing, that your firm was responsible for
investment losses? (Explain.)
16.Please include samples of research reports that your firm regularly provides to public
sector clients.
17.Please explain your normal custody and delivery process. Who audits these fiduciary
systems?
18.Please provide certified financial statements and other indicators regarding your firm's
capitalization.
19.Describe the Capital line and trading limits that support/limit the office that would conduct
business with our government.
20.What training would you provide to our employees and investment officers?
21.Has your firm consistently complied with the Federal Reserve Bank's capital adequacy
guidelines? As of this date, does your firm comply with the guidelines? Has your capital
position ever fallen short? By what factor (1.5, 2x, etc.) does your firm presently exceed
the capital adequacy guideline's measure of risk? Include certified documentation of your
capital adequacy as measured by the Federal Reserve standards.
22.Do you participate in the S.I.P.C. insurance program? If not, explain why.
23.What portfolio information do you require from your clients?
24.What reports, transactions, confirmations and paper trail will we receive?
25.Enclose a complete schedule of fees and charges for various transactions.
26.How many and what percentage of your transactions failed last month? Last year?
27.Describe the precautions taken by your firm to protect the interest of the public when
dealing with governmental agencies as investors.
28.With whom are you doing business in the Dallasarea?
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 part9 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.
City of University Park, Texas -Investment Policy
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City of University Park, Texas
BANK QUESTIONNAIRE
1.Name of Bank
2.Address
(Local)(National Offices)
3.Telephone
4.Primary Representatives/Managers:
Name Name
Title Title
Telephone Telephone
5.Are you a primary dealer in U.S. Government securities? [ ] Yes [ ] No
6.If so, for how long has your firm been a primary dealer? Years
7.Please attach a list of comparable public sector clients in north Texas; include entity
name, contact name, contact telephone number and email, and number of years as a
client.
8.General banking information –please attach on separate sheet:
Financial statements for the past two fiscal years, with an unqualified opinion
from a certified public accountant
Call reports for the last four quarters or credit rating information for senior and
subordinate debt from a recognized credit rating agency
Rating information from recognized bank rating agencies
Proof of current standing as an eligible public depository
Capital ratios: tangible capital, core capital, and risk capital
Evidence of growth in current assets and current liabilities being parallel
Total liability to equity ratio (must be less than 20:1)
Equity as a percentage of assets (must be at least 5%)
9.Please attach a list of the names of the current and most immediate past Board of
Directors.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E4052BEA\@BCL@E4052BEA.docx 5:55 PM 10/16/14
AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Thomas W. Tvardzik, Director of Finance
SUBJECT:Ordinance amending the fiscal 2013-2014 budgetto provide for a transfer
of funds from the General Fund to the Capital Projects Fundand from the
Utility Fund to the Storm Water Utility Fund.
BACKGROUND:
General Fund to Capital Projects
OnNovember 5, 2013, the City Council considered and acted ona request from SMUto
abandon certain street and alley rights-of-way between Airline and Dublin. The
compensation to the City for that abandonment totaled $3,895,000. The funds were
received anddeposited on December 3, 2013. They were recorded as “other income”
within the General Fundduring FY2014.
On July 1, 2014, City Council amendedthe FY2014 budget toauthorizea transfer of
$2,000,000 from the General Fund to the Capital Projects Fund. Thetransfer provided
additional working capital to the Capital Projects Fund, and a potential source of funding
for future infrastructure-related projects.
Additional capital projects have been identified since the prior transfer. In order to fund
those projects, staff is requesting the transfer of the remaining $1,895,000 in the General
Fund.
Utility Fund to Storm Water Utility Fund
The storm water utility fee was authorized by City Council in December of 2003, and first
appeared on residential utility billsthe following month. The fee was designedto offset
the cost of compliance with various state and federal storm water mitigation programs.
As part of the FY2014 budget, a Storm Water Utility Fund (Fund 05) was presented
separatelyfor the first time. Prior to FY2014, storm water utility fee revenues and
program expenditures were included in the Utility Fund along with water and sewer
activities.
In order to provide sufficient working capital to the Storm Water Utility Fund, staff
requests a transfer of $450,000 be made from the Utility Fund. This amount
approximates the FY2015 budgeted revenue included in the Storm Water Utility Fund,
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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and may be funded from FY2014 Utility Fund net operating income, which currently
stands in excess of $880,000.
RECOMMENDATION:
City staff recommends the approval of the attachedordinanceauthorizing the requested
transfers.
ATTACHMENTS:
Budget amendment ordinance
ORDINANCENO.________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,
AMENDING THE2013-2014FISCALYEARBUDGET,ORDINANCENO.13/028,TO
TRANSFER FUNDSFROMTHEFISCALYEAR2014GENERALFUNDINTO THE
CAPITALPROJECTS FUNDAND FROM THE FISCAL YEAR 2014 UTILITY FUND
INTO THE STORM WATER UTILITY FUND;AUTHORIZING THE CITY MANAGER
TO EFFECT SUCH TRANSFER; ANDPROVIDINGANEFFECTIVEDATE.
WHEREAS,theCityCounciloftheCityofUniversityParkhasdeterminedthatitisin
the publicinteresttoamendOrdinanceNo.13/028totransferfundsfromthefiscalyear2014
generalfundintothecapitalprojectsfundand from the fiscal year 2014 utility fund into the storm
water utility fund;Now,Therefore,
BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK,TEXAS:
SECTION 1.ThatOrdinanceNo.13/028,the2013-2014fiscalyearbudgetordinanceof
the CityofUniversityPark,Texas,be,andthesameishereby,amendedtotransferageneralfund
appropriation in the amount of $1,895,000tothecapitalprojectsfund,tobeusedforfuture
capital projects as deemed necessary. ThatOrdinanceNo.13/028be,andthesameishereby,
furtheramendedsoastogiveeffecttosuch appropriationsandtheCityManagerisdirectedto
transfersuchfundsfromthegeneralfundtothecapitalprojectsfund.
SECTION 2.ThatOrdinanceNo.13/028,the2013-2014fiscalyearbudgetordinanceof
the CityofUniversityPark,Texas,be,andthesameishereby,amendedtotransferautilityfund
appropriation in the amount of $1,895,000tothestorm water utility fund,tobeusedfor
future expenditures projects as deemed necessary. ThatOrdinanceNo.13/028 be,andthesameis
hereby,furtheramendedsoastogiveeffecttosuch appropriationsandtheCityManageris
directedtotransfersuchfundsfromthegeneralfundtothecapitalprojectsfund.
SECTION3.Thisordinanceshalltakeeffectimmediatelyfromandafteritspassage,as
the lawandCharterinsuchcasesprovide.
DULYPASSED bytheCityCounciloftheCityofUniversityPark,Texas,onthe21st
dayof October,2014.
APPROVED:
OLIN B. LANE, MAYOR
APPROVED AS TO FORM:ATTEST:
CITY ATTORNEY CHRISTINE GREEN,CITY SECRETARY
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Thomas W. Tvardzik, Director of Finance
SUBJECT:Ordinance amending FY2015 budget to carry forward FY2014
encumbrances
BACKGROUND:
Each year City staff prepares and proposes a budget amendment to bring forward the
funds encumbered at the end of the previous fiscal year. Approval of these FY2014
encumbrances (open purchase orders) makes the funds available for expenditure in the
current fiscal year, FY2015.
Impact on the FY2015 budget
The specific amounts per account, department and vendor are displayed in Exhibit “A” of
the attached ordinance. The overall impact is shown in the table below:
Fund Adopted Budget Encumbrances Amended Budget
General $29,126,524 $563,047 $29,689,571
Utility $14,718,462 $14,718,462
Sanitation $2,964,150 $29,796 $2,993,946
Storm Water $453,073 $126,978 $580,051
$47,262,209 $719,821 $47,982,030
Impact on FY2014 financial position
The proposed budget amendment would increase authorized expenditures, which may
in turn reduce working capitalwhen the expenditures occur. If all encumbrances were
converted into expenditures, the impact on working capital could be as follows:
Fund 9/30/14 Balance*Encumbrances Adjusted Balance
General $5,778,867 ($563,047)$5,215,820
Sanitation $1,663,748 ($29,796)$1,633,952
Storm Water $450,000 ($126,978)$323,022
$7,892,615 ($719,821)$7,172,794
* -Balances for both the General Fund and the Storm Water Fund have been adjusted
to reflect the results of transfer activity pending before the Council in a separate agenda
item. In the case of the General Fund, the balance reflects a decrease (transferout) of
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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$1,895,000, while for the Storm Water Fund the balance reflects an increase (transfer in)
of $450,000.
The resulting working capital balances are above the minimum levels established by the
City’s financial management policies. The following page displays the FY2015adopted
budget and the change to each department made by the proposed amendment.
RECOMMENDATION:
The encumbrance carryforward is presented to the Council each year as a routine item.
City staff recommends approval of the attached ordinance.
CITY OF UNIVERSITY PARK, TEXAS
FY2015 BUDGET AMENDMENT NO. 1 BY FUND AND DEPARTMENT
Fund / Org Unit / Department
FY2015 Adopted
Budget
Encumbrances
from FY2014
FY2015
Amended
Budget
GENERAL FUND
Revenues
01-11 REVENUES 29,127,024$ -$ 29,127,024$
Total Revenues 29,127,024$ -$ 29,127,024$
Expenditures
01-02 EXECUTIVE 982,878$ 33,800$ 1,016,678$
01-03 FINANCE 1,095,780 5,883 1,101,663
01-04 HUMAN RESOURCES 366,783 - 366,783
01-05 INFORMATION SERVICES 1,001,452 134,889 1,136,341
01-06 LIBRARY 719,684 17,419 737,103
01-10 COURT 375,499 - 375,499
01-19 COMMUNITY DEVELOPMENT 1,200,734 - 1,200,734
01-20 ENGINEERING 775,179 17,586 792,765
01-25 TRAFFIC 943,232 36,177 979,409
01-35 FACILITY MAINTENANCE 625,552 80,963 706,515
01-40 FIRE 5,454,191 78,423 5,532,614
01-50 POLICE 7,176,920 16,241 7,193,161
01-70 PARKS 2,916,371 19,875 2,936,246
01-75 SWIMMING POOL 364,262 8,060 372,322
01-80 STREETS 2,004,855 113,731 2,118,586
01-85 TRANSFERS 3,123,152 - 3,123,152
Total Expenditures 29,126,524$ 563,047$ 29,689,571$
General Fund Surplus/(Deficit)500$ (563,047)$ (562,547)$
UTILITY FUND
Revenues
02-11 REVENUES 14,893,045$ -$ 14,893,045$
Total Revenues 14,893,045$ -$ 14,893,045$
Expenditures
02-21 UTILITY OFFICE 8,620,778$ -$ 8,620,778$
02-22 UTILITIES 3,723,342 - 3,723,342
02-85 TRANSFERS 2,374,342 - 2,374,342
Total Expenditures 14,718,462$ -$ 14,718,462$
Utility Fund Surplus/(Deficit)174,583$ -$ 174,583$
STORMWATER
Revenues
05-11 REVENUES 438,400$ -$ 438,400$
Total Revenues 438,400$ -$ 438,400$
Expenditures
05-23 STORM WATER UTILITY 453,073$ 126,978$ 580,051$
Total Expenditures 453,073$ 126,978$ 580,051$
Storm Water Fund Surplus/(Deficit)(14,673)$ (126,978)$ (141,651)$
SANITATION FUND
Revenues
04-11 REVENUES 2,876,160$ -$ 2,876,160$
Total Revenues 2,876,160$ -$ 2,876,160$
Expenditures
04-60 SANITATION 2,964,150$ 29,796$ 2,993,946$
Total Expenditures 2,964,150$ 29,796$ 2,993,946$
Sanitation Fund Surplus/(Deficit)(87,990)$ (29,796)$ (117,786)$
TOTAL REVENUES 47,334,629$ -$ 47,334,629$
TOTAL EXPENDITURES 47,262,209$ 719,821$ 47,982,030$
TOTAL SURPLUS/(DEFICIT)72,420$ (719,821)$ (647,401)$
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ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE 2014-2015FISCAL YEAR BUDGET, ORDINANCE NO. 14-022, TO
CARRY FORWARD ENCUMBRANCES FROM THE 2013-2014FISCAL YEAR
BUDGET, INCLUDING TOTAL GENERAL FUND ENCUMBRANCES OF $553,047,
SANITATION FUND ENCUMBRANCES OF $29,796, AND STORM WATER FUND
ENCUMBRANCES OF $126,978; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of University Park has determined that it is in
the public interest to amend Ordinance No. 14-022to carry forward encumbrances of funds
from the 2013-2014fiscal year budgetand transfer funds from fund balancesof the General
Fund, Sanitation Fundand Storm Water Fundinto specific accounts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF UNIVERSITY PARK, TEXAS:
SECTION 1.That Ordinance No. 14-022, the 2014-2015fiscal year budget ordinance
of the City of University Park, Texas, be, and the same is hereby, amended to carry forward to
the 2014-2015fiscal year encumbrances authorized in the 2013-2014budget, but not expended
during such fiscal year. That a complete listing of such encumbrances, as they existed as of the
beginning of the current fiscal year, is attached hereto as Exhibit “A” and made a part hereof for
all purposes. That all of such encumbrances, totaling $563,047of general fund encumbrances,
$29,796of sanitation fund encumbrancesand $126,978 of storm water fund encumbrances, be,
and the same are hereby, approved and carried forward into and made a part of the 2014-2015
fiscal year budget of the City.
SECTION 2.This ordinance shall take effect immediately from and after its passage,
as the law and Charter in such cases provide.
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DULY PASSED by the City Council of the City of University Park, Texas, on the 21st
day of October, 2014.
APPROVED:
____________________________________
OLIN LANE, MAYOR
ATTEST:
____________________________________
CHRISTINE GREEN, CITYSECRETARY
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY
ACCOUNT ENCUMBRANCE
NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION P.O.
GENERAL FUND
EXECUTIVE
01-02-3060 PROFESSIONAL SERVICES 33,800 BALLARD*KING & ASSOCIATES, LTD POOL FEASIBILITY STUDY 2014-193
TOTAL EXECUTIVE 33,800
FINANCE
01-03-7202 MICRO COMPUTER SOFTWARE 3,383 MCCI, LLC ZONE OCR LICENSE / BASIC LSAP (MAINT.) FOR ZONE OCR 2014-223
01-03-7221 OTHER EXPENSE 2,500 STANLEY STEEMER CLEAN CHAIRS IN FINANCE AREA 2014-226
TOTAL FINANCE 5,883
INFORMATION SERVICES
01-05-3060 PROFESSIONAL SERVICES 14,000 INTERGRATED INNOVATIONS, INC.CUSTOM PROGRAMMING AND REPORTING SERVICES 2014-194
01-05-3060 PROFESSIONAL SERVICES 5,000 NEW WORLD SYSTEMS NEW WORLD DOT NET TRAINING 2014-195
01-05-3060 PROFESSIONAL SERVICES 5,000 SUNGARD PUBLIC SECTOR OSSI SYSTEM TRAINING 2014-196
01-05-7170 TRAVEL EXPENSE 4,500 TYLER TECHNOLOGIES ENERGOV ADMINISTRATOR TRAINING 2014-197
01-05-7202 MICRO COMPUTER SOFTWARE 20,000 NEW WORLD SYSTEMS ADD'L HR MODULE FOR APPLICANT TRACKING 2014-201
01-05-7202 MICRO COMPUTER SOFTWARE 25,000 ESRI ENTERPRISE LICENSE AGREEMENT, YEAR 3 OF 3 2014-202
01-05-9201 MICRO COMPUTER EQUIPMENT 20,000 CDW-G BACKUP SYSTEM STORAGE PLACEMENT 2014-199
01-05-9201 MICRO COMPUTER EQUIPMENT 20,000 MEDIA MANAGEMENT REPLACEMENT OF COUNCIL PRODUCTION EQ 2014-200
01-05-9201 MICRO COMPUTER EQUIPMENT 21,389 DELL COMPUTER CORPORATION DELL POWEREDGE R820 FILE SERVER REPLACEMENT / POWERVAULT 2014-203
TOTAL INFORMATION SERVICES 134,889
LIBRARY
01-06-2350 SUPPLIES & MATERIALS 1,500 JANWAY CONPANY USA, INC.PROMOTIONAL MATERIALS, TABLE DRAPE, BANNER 2014-224
01-06-2355 LIBRARY MATERIALS 11,000 INGRAM LIBRARY SERVICES INC BOOKS, DVD'S, AUDIOBOOKS 2014-218
01-06-3060 PROFESSIONAL SERVICES 2,300 HARRINGTON, KATHERYN KATHERYN HARRINGTON, MEETING ROOM FACILITATOR 2014-221
01-06-9100 OFFICE EQUIPMENT 2,619 MEDIA MANAGEMENT REPLACE CONFERENCE ROOM SCREENS 2014-198
TOTAL LIBRARY 17,419
ENGINEERING
01-20-3060 PROFESSIONAL SERVICES 5,586 RAYMOND L. GOODSON JR PROVIDE SERVICES FOR UTILITY WORK 2014-208
01-20-3060 PROFESSIONAL SERVICES 12,000 FREESE AND NICHOLS, INC.PROVIDE SERVICES FOR 30" SANITARY SEWER LINE 2014-217
TOTAL ENGINEERING 17,586
TRAFFIC DEPARTMENT
01-25-3060 PROFESSIONAL SERVICES 10,000 KIMLEY-HORN AND ASSOCIATES INC PLAN FOR HIGHALND PARK MIDDLE SCHOOL 2014-188
01-25-6350 SIGNAL MAINT. & REP 20,575 PARADIGM TRAFFIC SYSTEMS COMPLETE CABINET 2014-164
01-25-6350 SIGNAL MAINT. & REP 5,602 CONSOLIDATED TRAFFIC CONTROLS MASTER & REMOTE FLASHING BEACON - CUBE - SOLAR POWERED 2014-205
TOTAL TRAFFIC 36,177
FACILITY MAINTENANCE
01-35-3115 CONTRACT MAINTENANCE 3,478 CITY WIDE BUILDING SERVICES SEMI-ANNUAL WINDOW CLEANING AT CITY HALL AND PEEK 2014-9
01-35-3115 CONTRACT MAINTENANCE 1,087 CITY WIDE BUILDING SERVICES SEMI-ANNUAL GUTTER AND DOWNSPOUT CLEANING AT CITY HALL 2014-10
01-35-3115 CONTRACT MAINTENANCE 1,505 JOE W FLY COMPANY FILTERS FOR CITY HALL AND PEEK CENTER 2014-21
01-35-3115 CONTRACT MAINTENANCE 1,452 TRANE US, INC ONE ANNUAL AND THREE QUARTERLY PM CITY HALL BLDG AUTO SYSTEM 2014-50
01-35-3115 CONTRACT MAINTENANCE 1,452 TRANE US, INC ONE ANNUAL AND THREE QUARTERLY PM PEEK CTR BLDG AUTO SYSTEM 2014-51
01-35-3115 CONTRACT MAINTENANCE 4,475 ABM BUILDING SERVICES, LLC THREE QUARTERLY AND ONE ANNUAL HVAC PM 2014-53
01-35-3115 CONTRACT MAINTENANCE 48 SIMPLEXGRINNELL ANNUAL TEST & INSPECTION OF FIRE ALARM - PEEK CTR 2014-76
01-35-3115 CONTRACT MAINTENANCE 867 STEWART & STEVENSON SERVICES QUARTERLY PM OF EMERGENCY GENSET AT PEEK CTR 2014-95
01-35-3115 CONTRACT MAINTENANCE 325 TRIPLE B CLEANING, INC SEMI-ANNUAL CLEANING OF EXHAUST SYSTEMS 2014-96
EXHIBIT "A"
CITY OF UNIVERSITY PARK, TEXAS
FY2015 BUDGET AMENDMENT NO. 1
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ACCOUNT ENCUMBRANCE
NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION P.O.
EXHIBIT "A"
CITY OF UNIVERSITY PARK, TEXAS
FY2015 BUDGET AMENDMENT NO. 1
01-35-3115 CONTRACT MAINTENANCE 438 STEWART & STEVENSON SERVICES QUARTERLY PM OF CITY HALL EMERGENCY GENERATOR 2014-97
01-35-3115 CONTRACT MAINTENANCE 836 SOUTHWASTE DISPOSAL, LLC GREASE TRAP CLEANING - CITY HALL AND PEEK CTR 2014-103
01-35-9950 CONTRACT MAINTENANCE 65000 GALLAGHER CONSTRUCTION CO REMODEL UPFD KITCHEN DAY ROOM 2014-184
TOTAL FACILITY MAINT.80,963
FIRE
01-40-2060 PROTECTIVE CLOTHING & SUPP 4,009 NAFECO LION V-FORCE COAT AND PANTS 2014-52
01-40-2060 PROTECTIVE CLOTHING & SUPP 4,009 NAFECO LION V-FORCE COAT AND PANTS W/ SUSPENDERS 2014-168
01-40-2060 PROTECTIVE CLOTHING & SUPP 11,303 HOYT BREATHING AIR PRODUCTS SCOTT AIR PAKS, FACE MASK, FREIGHT 2014-186
01-40-2060 PROTECTIVE CLOTHING & SUPP 8,200 NAFECO COATS AND PANTS 2014-230
01-40-2060 PROTECTIVE CLOTHING & SUPP 9,050 GT DISTRIBUTORS, INC DUTY BOOTS 2014-231
01-40-2345 MICU DRUGS & SUPPLIES 9,000 MOORE MEDICAL CORP MEDICAL SUPPLIES 2014-228
01-40-2345 MICU DRUGS & SUPPLIES 5,000 MATHESON TRI-GAS, INC SUPPLIES FOR MICU 2014-229
01-40-3115 CONTRACT MAINTENANCE 13,852 PHYSIO-CONTROL, INC MAINT. CONTRACTS FOR LIFE-PAKS 2014-187
01-40-7240 TUITION & TRAINING 9,000 TRAINING DIVISION.COM TRAINING FOR UPFD 2014-232
01-40-7240 TUITION & TRAINING 5,000 UT SOUTHWESTERN MEDICAL CENTER PARAMEDIC SCHOOL 2014-233
TOTAL FIRE 78,423
POLICE
01-50-2029 CLOTHING ALLOWANCE 3,200 GST PUBLIC SAFETY SUPPLY GENERAL ENCUMBRANCE 2014-227
01-50-3075 DIRECT ALARM MONITORING 5,000 ENGLANDER DIRECT ALARM YARD SIGNS 2014-225
01-50-3291 GUNS/EQUIPMENT 1,727 PRECISION DELTA CORP.AMMUNITION 2014-185
01-50-4121 911 SERVICE FEES 6,314 DFW COMMUNICATIONS INC MOTOROLA RADIO SERVICE AGREEMENT 2014-175
TOTAL POLICE 16,241
PARKS
01-70-2350 SUPPLIES & MATERIALS 1,647 B&H PHOTO NIKON D71OODSLR CAMERA KIT 2014-220
01-70-3115 CONTRACT MAINTENANCE 8,568 CARRUTHERS LANDSCAPE MANAGEMENT, INC ANNUAL CONTRACT - TURF MAINTENANCE 2014-44
01-70-3115 CONTRACT MAINTENANCE 5,310 MOORE DISPOSAL, INC.PORT-A-POTTY SERVICE 2014-106
01-70-6200 EQUIPMENT REPAIRS/NON-VEHICLE 2,110 STAHL HOLDINGS LLC 5HP FLOATING FOUNTAIN PUMP FOR WILLIAMS POND 2014-212
01-70-6380 FLOWERS, TREES & SHRUBS 1,490 SIMS GRASS RALEIGH ST. AUGUSTINE SOD 2014-211
01-70-7201 COMPUTER EQT UNDER $5,000 750 SPRINT GENERAL ENCUMBRANCE - I-PAD 2014-222
TOTAL PARKS 19,875
SWIMMING POOL
01-75-6189 SWIMMING POOL REPAIRS 5,500 PIERCE PUMP COMPANY, INC REPLACE PUMP/MOTOR AT BIG POOL 2014-214
01-75-7390 SWIMMING POOL EXPENSE 2,560 BSN SPORTS BEAM PADS, ROYAL BLUE 2014-215
TOTAL SWIMMING POOL 8,060
STREETS
01-80-6190 AUTO REPAIRS 6,231 ASCO PARTS & LABOR - REPAIR UNIT #2747 2014-206
NON-P.O.SIDEWALK REPAIR REIMBURSEMENT 107,500 N/A - NON P.O. ENCUMBRANCE N/A - NON P.O. ENCUMBRANCE XXXX-XXXX
TOTAL STREETS 113,731
563,047
SANITATION
04-60-7392 CONTAINERS 12,916 SNYDER INDUSTRIES, INC.ASM DUMPSTERS, LIDS, HARDWARE KIT 2014-209
04-60-7392 CONTAINERS 16,880 SNYDER INDUSTRIES, INC.CONTAIANERS - SNYDER PLAZA 2014-210
TOTAL GENERAL FUND ENCUMBRANCES
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ACCOUNT ENCUMBRANCE
NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION P.O.
EXHIBIT "A"
CITY OF UNIVERSITY PARK, TEXAS
FY2015 BUDGET AMENDMENT NO. 1
TOTAL SANITATION 29,796
29,796
STORMWATER05-23-3060 PROFESSIONAL SERVICES 18,165 CARTEGRAPH SYSTEMS, INC STREET LEVEL IMAGERY AND MAPPING 2014-6205-23-9305 STORMWATER EXPENSES 108,813 FLOW-LINE CONSTRUCTION, INC CARUTH PARK IMPROVEMENTS 2014-165TOTAL STORMWATER 126,978
126,978
719,821$ TOTAL ALL FUNDS ENCUMBRANCES
TOTAL STORMWATER FUND ENCUMBRANCES
TOTAL SANITATION FUND ENCUMBRANCES
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3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Christine Green, City Secretary
SUBJECT:Minutes of the September 24, 2014 CommunityMeeting–HPISD/City
Natatorium Proposal and Minutes of the October 7, 2014 City Council
Meeting
BACKGROUND:
Minutes of the September 24, 2014 Community Meeting –HPISD/City Natatorium
Proposal and Minutes of the October 7, 2014 City Council Meeting are included for the
Council’s review.
RECOMMENDATION:
City Hall
3800 University Blvd.
University Park, TX 75205
City of University Park
Meeting Minutes - Final
City Council
7:00 PM Council ChamberWednesday, September 24, 2014
Community Meeting - HPISD/City natatorium proposal
WELCOME: City Manager Robbie CorderI.
City Manager Robbie Corder and HPISD Superintendent Dr. Dawson Orr
each made brief opening remarks. They explained that the purpose of the
meeting was to receive resident input on a proposal to build a joint-use
(HPISD/City) natatorium adjacent to the existing Holmes Aquatic Center on
Lovers Lane. Mr. Corder also introduced the consultants who will author a
feasibility study on the proposed project. The study is intended to provide
the City Council, HPISD and residents with substantial decision-making
information. When completed in November or December, the full contents of
the study will be made public and presented to the City Council during a
regularly scheduled meeting. The City will post the date of that agenda item
well in advance of the meeting.
SUMMARY OF NATATORIUM PROJECT ISSUES: Ballard King &
Associates
II
Ken Ballard, President of Ballard King, explained that the study will examine
costs asscoiated with ongoing staffing, operational expenses, and
maintenance of the facility.
Page 1City of University Park
September 24, 2014City Council Meeting Minutes - Final
COMMUNITY INPUT: Ballard King & AssociatesIII
The following individuals spoke:
Scott Webster - 3552 Rankin
Royal Furgeson - 3441 Westminster
Liz Helton - 3505 Purdue
Russell Fish - 3333 Rankin
Isabel Blaylock - 3500 Rosedale
Ann Burns - 3522 Rankin
Richard Dafoe - 3442 Westminster
Max Fuqua - 3219 Milton
Ginger Webster - 3552 Rankin
Greg Brendel - 3128 Bryn Mawr
Bill Skelton - 3915 Wentwood
Donald Malouf - 3445 Westminster
John Burns - 3522 Rankin
Haley Devault - 3533 Rankin
Meg Hillert - 3313 Rankin
Karen Zaner - 3548 Milton
Randee Hefflefinger - 6620 Thackery
Sydney McDole - 3100 Stanford
John Weekley - 4236 Stanford
Duncan Fulton - 3524 Rankin
Pat Black - 4437 Windsor Parkway
Robert Claycombe - 3520 Milton
Sarah Harden - 3548 Rankin
Mary Flo Ridley - 3537 Rankin
ADJOURNMENTIV.
City Manager Robbie Corder adjourned the meeting.
Page 2City of University Park
City Hall
3800 University Blvd.
University Park, TX 75205
City of University Park
Meeting Minutes
City Council
5:00 PM Council ChamberTuesday, October 7, 2014
EXECUTIVE SESSION
3:05 - 3:42 P.M. Pursuant to TGC§ 551.072, the City Council met in closed session to
discuss real estate matters. 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 a potential
use agreement for City facilities. No action was taken. Executive Conference Room, 1st
Floor, City Hall.
PRE-MEETING WORK SESSION(S)
4:00 - 4:30 P.M. The City Council met in open work session to review the Parks
Department's 2014-15 Capital Improvements Program. No action was taken. Council
Conference Room, 2nd floor, City Hall.
14-193 Parks Department’s 2014-15 Capital Improvements Program
This Report was received.
4:30 - 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.
TO SPEAK ON AN AGENDA ITEM
CALL TO ORDERI.
Councilmember Bob Begert, Councilmember Dawn Moore,
Councilmember Tommy Stewart, Councilmember Taylor Armstrong and
Mayor Olin Lane
Present:5 -
INVOCATION: Fire Chief Randy HowellA.
PLEDGE OF ALLEGIANCE: The following Boy Scouts from Troop 72 were
present as part of earning the Citizenship in the Community merit badge: Hank
Bishop, William Chaffe, William Hillesheim, Seth Pyle, Xander McLendon, Beau
Raley, Jack Smith, and Ethan Schwartz. Charlie Philbin of Troop 82 was also
present and was there as part of earning the Citizenship in the Community merit
badge. The Scouts assisted Fire Chief Randy Howell and the City Council in
leading the Pledge of Allegiance.
B.
Page 1City of University Park
October 7, 2014City Council Meeting Minutes
INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr.C.
INTRODUCTION OF STAFF: Staff in attendance included Community
Information Officer Steve Mace, Chief of Police Greg Spradlin, Director of Public
Works Bud Smallwood, City Secretary Christine Green, Director of Parks &
Recreation Gerry Bradley, Assistant to the City Manager George Ertle, Acting
Community Development Director Jacob Speer, Library Director Sharon Martin,
Fire Chief Randy Howell, and Purchasing Manager Elizabeth Anderson.
D.
AWARDS AND RECOGNITIONII.
CONSENT AGENDAIII.
14-192 Consider and act on an ordinance amending the residential parking
disrict to remove the 3000 block of Fondren and the addition of the
north side of the 4300 block of Hyer
City Manager Corder said that this ordinance amends the residential parking
district to remove the 3000 block of Fondren Drive. This block is now owned
by SMU and is therefore private property. The ordinance also adds the north
side of the 4300 block of Hyer Street to the residential parking district near
Highland Park High School as requested by resident petition.
This Ordinance was adopted.
Enactment No: ORD No.14/026
14-196 Consider approval of cooperative purchase of two vehicles for the
Parks Department
City Manager Corder said that this is a purchase of two pieces of
replacement equipment for the Parks Department: a stump grinder and a
multi-purpose maintenance truck. Both items are being purchased via
BuyBoard cooperative contracts which satisfies competitive bidding
requirements. The total purchase amount is $70,255.70.
This Purchase was approved.
14-198 Consider approval of an Interlocal Agreement for Cooperative
Purchasing with the City of Glenn Heights
The City Manager said that this agreement will facilitate cooperative
purchasing between University Park and Glenn Heights. The City is
interested in participating in Glenn Heights' contract for EMS billing services,
and this interlocal agreement would enable that cooperative purchase as well
as others between the two cities.
This Interlocal Agreement was approved.
Page 2City of University Park
October 7, 2014City Council Meeting Minutes
14-202 Consider approval of the minutes of the September 16, 2014 City
Council meeting with or without corrections
The Minutes were approved.
Approval of the Consent Agenda
A motion was made by Councilmember Armstrong, seconded by
Councilmember Stewart, to approve the Consent Agenda. The motion carried
by the following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
MAIN AGENDAIV.
Mayor Pro Tem Begert read a statement prepared jointly by the City
and school district as follows:
Following substantial community input about the idea of building a
natatorium in Curtis Park, the City of University Park and Highland
Park ISD are in agreement that other sites will be studied and
evaluated for a possible joint-use natatorium. HPISD will evaluate the
merits of other potential locations and partnerships and will continue
discussions with the City of UP. In conjunction with this evaluation
process, the City of University Park will continue its feasibility study to
help determine the financial viability of operating a joint natatorium
facility with HPISD. Community input will continue to be an important
part of the site selection process.
14-203 Discuss request from Karin Zaner, 3548 Milton, to address the City
Council
A motion was made by Councilmember Moore, seconded by Councilmember
Stewart, to allow Karin Zaner to address the City Council. Councilmember
Begert said that he wanted to hear Ms. Zaner speak, but that this should be an
exception, not set precedent, for future similar requests. He also suggested a
time limit of seven minutes for Ms. Zaner's presentation. Mayor Lane called for
a vote on the amended motion. The motion carried by the following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
Page 3City of University Park
October 7, 2014City Council Meeting Minutes
Karin Zaner, 3548 Milton, addressed the Council. She said she represented
the "Save Curtis Park" group, and she spoke in opposition to the proposed
natatorium. She asked the Council to respond to the three items listed in the
letter she submitted requesting to speak to the City Council:
1. Provide a description of the procedure that the City Council will follow as
it explores the idea of a natatorium in Curtis Park; 2. Provide information
about the legality of transferring City property and compliance with school
finance laws; 3. Provide a public hearing with the City Council before other
action is taken.
Mayor Lane addressed Ms. Zaner and the audience. He said that the
feasibility study is the first step to exploring the idea of building a joint-use
City/HPISD natatorium in Curtis Park. He said that the City will present the
results of the feasibility study and a process will be determined after that
time.
Councilmember Moore addressed the second part of Ms. Zaner's letter. She
emphasized that there is no intent to transfer City property to HPISD. She
said that it is important to see the results of the commissioned feasibility
study before proceeding with any necessary legal opinions.
Councilmember Begert addressed the third part of Ms. Zaner's letter. He
emphasized that the City Council has discussed this subject in the light of
day in accordance with the Texas Open Meetings Act. He said that this will
be a public decision where the citizens will have input. He compared the
process with that of the YMCA expansion, the George W. Bush Library, and
the Park Cities Baptist Church parking garage in which the Council held
public hearings and reviewed letters and e-mails from numerous citizens
before making a decision.
Ms. Zaner asked the Mayor to clarify where the City is in the process of this
proposed natatorium. The Mayor replied that the City is at the beginning of
the process and that the feasibility study is the first step. He emphasized
that the City is awaiting the results of the feasibility study before proceeding.
Ms. Zaner said that she wants public notice on each additional step related
to this process. Dawn Moore said that she is surprised at the rumors and
stories that have come from this group as no decisions have been made.
Ms. Zaner said that she and the group are concerned about a May 2015
bond issue and a rush to get this done. Councilmember Begert said that a
timeline hasn't been discussed, and what's included in the bond package is
the school district's decision.
Page 4City of University Park
October 7, 2014City Council Meeting Minutes
14-191 Consider approval of engineering proposal for Mile-Per-Year Stanhope
/ Shenandoah and other alleys project (Project 47050)
City Manager Corder said this an engineering services contract from
Binkley and Barfield in the amount of $214,920 for the Mile-Per-Year project.
There are five locations on the proposal for water and sewer improvements
on Stanhope / Shenandoah and other alleys in the southwest part of the City.
A motion was made that this Contract be adopted. The motion carried by the
following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
14-194 Consider approval of a proposal for Smith Park Playground
Improvements
City Manager Corder said that this is a proposal for playground
improvements at Smith Park in the amount of $191,110.30. The project will
include the replacement of the existing equipment, the installation of
rubberized surfacing, shade structures, and the installation of new tables,
benches and a drinking fountain. The proposal from GameTime (Total
Recreation Products, Inc.) is via a BuyBoard cooperative contract, and
this satisfies all competitive bidding requirements
A motion was made that this Action Item be adopted. The motion carried by the
following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
14-201 Consider approval of a License Agreement with Extenet Systems, Inc.
for Distributed Antenna Systems and small cell networks in the City’s
public rights-of-way
City Manager Corder said that this is a license agreement with ExteNet
Systems, Inc. to use the City right-of-way and existing AT&T and Verizon
poles for a Distributed Antenna System that would improve cell service within
the City. The company is proposing to place five nodes in University Park
and several others in Highland Park. The City will receive compensation for
the use of the right -of-way.
A motion was made by Councilmember Armstrong, seconded by
Councilmember Stewart, that this License Agreement be adopted. The motion
carried by the following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
Page 5City of University Park
October 7, 2014City Council Meeting Minutes
PUBLIC COMMENTSV.
Beau Raley, 4551 Fairway, Highland Park, TX, and Boy Scout, Troop 72,
spoke in opposition to building a natatorium in Curtis Park. He expessed
concern about negative environmental effects to the park and surroundings
during construction.
ADJOURNMENTVI.
Page 6City of University Park
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Robbie Corder, City Manager
SUBJECT:Consider & Act: Agreement between the City of University Park and
the Jan and Trevor Rees-Jones Revocable Trust for improvements to McFarlin
Boulevard(3801 McFarlin)
BACKGROUND:
The City of University Park has various locations throughout the community subject
to flash flooding during significant rain events. The most dangerous location is on
the 3800 block of McFarlin near Turtle Creek, just south of Williams Park. During a
100-year storm event, flood waters from Turtle Creek can crest five-feet (5’) over
McFarlin Boulevard between Williams Parkway and Park Street. For several years,
the City has studied various options that would lower the floodplain in this location;
however, the magnitude of various improvements needed to McFarlin Boulevard,
Williams Park and water impounding dams downstream have made the project cost
prohibitive in the past.
In connection with property redevelopment south of McFarlin, the City has been in
negotiationswith property owners immediately south of McFarlin Boulevard to
address this critical flooding problem. The proposed agreement between the City of
University Park and the Jan and Trevor Rees-Jones Revocable Trust represents a
public/private partnership that would allow the City to proceed with necessary
infrastructure improvements to correct the flooding in this area. In exchange for the
Jan and Trevor Rees-Jones Revocable Trust designing and constructing a dam on
private property (at their sole cost) to replace the existing McElvaney Dam, the terms
of the proposed agreement would require the City to be responsible for the following
items:
Ongoing operation, maintenance, and repair of the newly constructed dam
south of McFarlin Boulevard; and
Reconstruction of McFarlin Boulevard between Williams Parkway and Park
Street for installation of a new bridge across Turtle Creek.
The City Council previously authorized the necessary design work for improvements
to McFarlin Boulevard earlier this year during theAugust 19th City Council meeting.
The Parks Advisory Committee and the Urban Design and Development Advisory
Committee have reviewed the proposed concept plans, and unanimously
recommended approval.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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RECOMMENDATION:
Staff recommends approval of the proposed agreement between the City of
University Park and the Jan and Trevor Rees-Jones Revocable Trust.
Agreement Regarding McFarlin Improvements TM 67950 D-2269541
AGREEMENT REGARDING MCFARLIN IMPROVEMENTS
ThisAGREEMENT REGARDING MCFARLIN IMPROVEMENTS(“Agreement”)is made and
entered into as of the ___ day of _____________ 2014(the “Effective Date”), by and between TREVOR
DAVID REES-JONES, TRUSTEE OF THE JAN ANDTREVOR REES-JONES REVOCABLE TRUST
CREATED PURSUANT TO TRUST AGREEMENT DATED AUGUST 27, 2008(“TRJ”),and theCityofUniversityPark, a municipal corporation(the “City”).
RECITALS:
WHEREAS,TRJowns certain real property located in the City of University Park, Dallas
County, Texas, as more particularly depictedon Exhibit “A”attached hereto and made a part hereof (the
“Premises”).
WHEREAS, TRJ intends to constructa bridge over Turtle Creek (the “TRJ Bridge”), and shall
consider constructing a dam (the “Dam”)within the structure of the TRJ Bridge, both on the Premises.
WHEREAS, the City desires to rebuild thebridge across Turtle Creek on McFarlin Blvd in the
general location shown on Exhibit “B”attached hereto and made a part hereof (the “McFarlin Bridge”)
with respect to the Premisesto (i) equalize the water levels on both sides of McFarlin Blvd and (ii)
through the operation of the Dam,to reduce the risk ofwater cresting over McFarlin Blvd at flood stage.
NOW, THEREFORE,in consideration of the mutual agreement herein contained, TRJ and the
City covenant and agree as follows:
AGREEMENT:
1.Design Construction of Dam. TRJ shalldesign and construct the TRJ Bridge and
Dam, and shall remove the existing McElvaneydam, at his sole cost and expense. The TRJ Bridge and
Dam shall at all times be owned by TRJ. During construction of the Dam, at such time as the adjacent
pool of Turtle Creek is drained and a cofferdam is in place, TRJ agrees to de-silt the portion of Turtle
Creek located on the Premises south of McFarlin Blvdat his sole cost and expense.
2.Maintenance and Operation of Dam. Upon completion of construction of the Dam,
the City shall be solely responsible for the operation, maintenance and repair of the Dam(including,
without limitation,any regulatory compliance),at its sole cost and expense.In connection with the
City’s operation, maintenance and repair obligations, TRJ agrees to grant to the City, and the City
acknowledges that its right to access the Premises is limited to, the following easements:
a.An easement over a tract no larger thantwenty-sixfeetby twenty feet(26’ by20’) for a
dam control structure on the North property line of Lot6 or 8, Windsor Park Addition,along with an
easement that istenfeet(10’) wide alongthe North property line of Lots 6 and 8, Windsor Park
Addition, for installing an underground conduit for electric and pneumatic lines running from such
control structure to the Dam, with each such easement in an exact location to be determined by TRJ in
his sole discretion.
b.Aneasement from Windsor Circle to the Dam,in an exactlocation to be determined by TRJ in his sole discretion,for use by the City. Use of the easement shall be limited to normal business hours on weekdays,except in the event of emergency.
Agreement Regarding McFarlin Improvements TM 67950 D-2269541
c.An easementfor placement of City equipment used for de-silting the Turtle Creek pool
located south of McFarlin Blvdon the Premises; provided, however, such easement shall be exclusively
within the creek bed of Turtle Creek located on Lots 5 & 8, Windsor Park Addition(for the avoidance of
doubt, the City shall not be permitted to access or place any equipment on the Premises that is outside of
such creek bed). The City shall bear the cost of all future de-silting operations once the Dam has been
completed and become operational. No silt removed from the creek bed shall be placed on the Premises or other land owned or acquired in the future by TRJ.
d.In the event the City fails or refuses to operate, maintain and repair the Dam, TRJ shall have theright to remove or disable the Dam from the TRJ Bridge and to terminate the foregoing
easements in his sole discretion.
3.Construction of McFarlin Bridge. The Cityshall, through appropriate action by the
City Council, rebuild the McFarlin Bridge in accordance with the City’s current design and on a time schedule that is parallel to the construction of the TRJ Bridge and Dam.
4.Turtle Creek Water Level.After the City completes construction of the McFarlin
Bridgeandrenovation and the installation of the Dam is complete, the City intends to operate the Dam to
achieve a water level of 527feetabove sea level, which level is above the current water level of 524.50
feetabove sea level in the pool south of McFarlin Blvd. Because TRJ’s willingness to build the Dam is
purely a civic gesture given that the Dam does not impact the Bridge or construction of the TRJ residence on Lot 5, Windsor Park Addition, the City assumes all responsibility and liability for the increased water level in the pool south of McFarlin Blvd, including the obligation to obtain any permits or consents from regulatory bodies or affected landowners. Notwithstanding the foregoing, if for any reason the Dam is
initially constructed to achieve its current water level of 524.50feet above sea level in the pool south of
McFarlin Blvd (including, without limitation, the City’s inability to obtain necessary approvals for
increasing the water level), and the City subsequently requests that the Dam be reconstructed or altered
to achieve a water level of 527 feet above sea level in such pool, any such reconstruction, alteration or
retrofitting of the Dam shall be approved by TRJ and shall be at the City’s sole cost and expense.
5.Safety Matters, Indemnification, Insurance and Risk Transfer.
a.Safety Matters. Each party hereto shall take all safety measures reasonably required to
protect the other party and the property of each from injury or damage caused by or resulting from the
performance of its respective obligations under this Agreement.
b.Indemnificationby the City. With respect to work to be performed hereunder, the
operation and maintenance of the Dam, and the water levels in Turtle Creek affected thereby, the City
agrees to indemnify, defend and hold harmless TRJ and his employees, agents, servants and invitees (the
“TRJ Parties”) from any and all loss, damage, liability, cost or expenses, including, but not limited to,
reasonable attorneys’ fees, court costs and other sums which the TRJ Parties may pay or become
obligated to pay on account of any, all and every demand or claim, or assertion of liability, or any claim
or action founded thereon arising or alleged to have arisen out of any act, omission or breach of the City,
or its agents, servants and employees, whether such claim or claims, action or actions be for damages,
injury to person or property, including the property of the TRJ Parties, or death of any person, made by
any person, group or organization.
c.Insurance or Risk Transfer. During performance of all of its obligations under this
Agreement, the City agrees that it shall, at its own expense (and shall cause any third party contractor to)
maintain in force a policy or policies or a similar Liability Coverage Document written by one or more
Agreement Regarding McFarlin Improvements TM 67950 D-2269541
responsible insurance carriers licensed to do business in the State of Texas, or by the Texas Municipal
LeagueIntergovernmental Risk Pool(the “Pool”), which shall insure or protect the City against liability
for bodily injury to and/or damage to property of any person or persons, with coveragelimits in an
amount reasonably acceptable to TRJ. Moreover, the City will endorse its PoolLiability Coverage
Document to include the Pool's Indemnification underContract Endorsement EL217,with specific
reference to this Agreement.The City will also take all steps necessary to make sure that the Pooladds all necessary classifications to its General Liability schedule of exposures to make sure that the subject-matter of this Agreement is covered.
d.Mechanics’ Lien Indemnification. The City shall indemnify,defend and hold harmless
TRJ from and against all mechanics’, materialmen’s and laborers’ liens and all cost, loss, expenses and
liabilities arising from performance of its obligations under this Agreement.
6.Williams Parkway Tract. The City shall grant toTRJ a license agreement (the
“License”) in the form of Exhibit “D” attached hereto on the real property identified on Exhibit
“C”attached hereto (the “Williams Parkway Tract”). Subject to approval by the Board of
Adjustment of a Special Exception for placement of a fence and/or gate on the Williams Parkway
Tract under the provisions of Section 28-106 (a) of the University Park Zoning Ordinance,TRJ
intends to install a fence and gate on the Williams Parkway Tract,which fence and gate shall not
be closerthan twenty feet (20’) from McFarlin Blvd. In the future, in consideration of the
covenants by TRJ contained herein, should the City become able to convey title to the Williams
Parkway Tract without any conditions or encumbrances created prior to the date hereof, the City
agrees to convey the Williams Parkway Tract to TRJ. Upon any such conveyance, the portion of
the Premises commonly referred to as Lot 5, Windsor Park Addition, shall, at TRJ’s cost and
expense, be re-platted to include the Williams Parkway Tract.
7.Miscellaneous Provisions.
a.Amendment. This Agreement may not be modified or amended, except by an agreement
in writing signed by the parties hereto.
b.Entire Agreement. This Agreement constitutes the entire agreement among the parties
pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith.
c.Multiple Counterparts. This Agreement may be executed simultaneously in two or more faxed counterparts, each of which shall be deemed an original and all of which together shall constitute
one and the same instrument.
d.Construction. The parties acknowledge that they have had the opportunity to be
represented by counsel in connection with this transaction and thatthis Agreement shall be interpreted
according to its fair construction and shall not be construed against either party.
e.Binding Agreement; Assignment. This Agreement shall be binding upon and inure to the
benefit of the heirs, successors, affiliates, administrators, executors, and permitted assigns of the
respective parties. This Agreement may not be assigned by TRJwithout the prior written consent of the
City, not to be unreasonably withheld; provided, however, no such consent shall be required in
connection with a transfer of the Premises by TRJ to a subsequent owner.
Agreement Regarding McFarlin Improvements TM 67950 D-2269541
f.Limitation on Liability. It is acknowledged and agreed by the parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among the
parties. It is understood and agreed between the parties that TRJand the City, in satisfying their
respectiveresponsibilities underthis Agreement, have acted independently, and subject to the
indemnities contained herein, neither party assumes the responsibilities or liabilitiesof the other partyto
third parties in connection with suchactions. TRJ agreesto indemnify and hold harmless the City from all claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of TRJ’s performance of the conditions in Section 1of this Agreement.
g.Authorization. Each party represents that it has full capacity and authority to grant all
rights and assume all obligations that is granted and assumed under this Agreement.
h.Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return
receipt requested, addressed to the party at the address set forth below or on the day actually received as
sent by courier or otherwise hand delivered.
If intended for City, to:
City of University Park
Attn: City Manager
3800 University Blvd.
University Park, Texas 75205
With a copy to:
Robert L. Dillard III
Nichols, Jackson, Dillard,
Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
If intended for TRJ:
Dennis Coe
5956 Sherry Lane, Suite 1500
Dallas, Texas 75225
With a copy to:
David Hundley
5956 Sherry Lane, Suite 1500
Dallas, Texas 75225
i.Governing Law. This Agreement shall be governed by the laws of the State of Texas;
and exclusive venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said Court.
j.Severability. In the event any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this
Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision
be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to
the provision found to be illegal, invalid or unenforceable.
k.Exhibits. Any exhibits to this Agreement are incorporated herein by reference for the
purposes wherever reference is made to the same.
l.Survivalof Covenants. Any of the representations, warranties, covenants, and
obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time
Agreement Regarding McFarlin Improvements TM 67950 D-2269541
following the termination of this Agreement shall survive termination.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first
above written.
TREVOR DAVID REES-JONES TRUSTEE OF THE
JAN AND TREVOR REES-JONES REVOCABLE
TRUST CREATED PURSUANT TO TRUST
AGREEMENT DATED AUGUST 27, 2008
THE CITY OF UNIVERSITY PARK,TEXAS
By:
Name:
Its:
Agreement Regarding McFarlin Improvements Exhibit A TM67950 D-2269541
EXHIBIT A
The Premises
Agreement Regarding McFarlin Improvements Exhibit B TM67950 D-2269541
EXHIBIT B
Agreement Regarding McFarlin Improvements Exhibit C TM67950 D-2269541
EXHIBIT C
2
EXHIBIT D
License Agreement
LICENSE AGREEMENT
CITY OF UNIVERSITY PARK
******************************************************************************
This License Agreement (the “Agreement”), effective as provided herein (the “Effective Date”), is between
the City of University Park, Texas, a home rule municipal corporation of the State of Texas (the “City”), and Trevor David Rees-Jones, Trustee of the Jan and Trevor Rees-Jones Revocable Trust created pursuant to Trust Agreement
dated August 27, 2008 (the “Licensee”).
RECITALS
WHEREAS, the Licensee desires to place, install, and maintain certain improvements
(the “Improvements”) in, under, or upon a City right-of-way, easement or property (the “Property”) to benefit the
Licensee’spremises at3801 McFarlin Blvd, University Park, Dallas County, Texas (the “Premises”); and
WHEREAS, such Improvements are more specifically shown on Exhibit “A”attached hereto; and
WHEREAS, the City desires to grant Licenseea license and privilege to place, install, remove and maintain the Improvements on the Property subject to and upon the terms set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and
Licenseeagree as follows:
I.
GRANT OF LICENSE
1.1 License to Maintain Certain Articles on Property. The City hereby licenses and authorizes the
Licenseeat all times during the term of this Agreement the exclusive right to place, install, remove, and maintain the
Improvements on the Property according to specifications reasonably acceptable to Licensee, including, without limitation, those identified onExhibit “A”attached, subject to the terms and conditionscontained in this Agreement;
provided, however, Licensee shall not be obligated to install any such Improvements.
1.2 Exclusive Use. The Licensee, itsheirs, executors, successors and assigns, may place, install, and maintain on the Property the Improvements to be used exclusively for the benefit of the Premises.
II.
CONDITIONS PRECEDENT AND EFFECTIVE DATE
2.1 Prior Plan.With this Agreement, the Licenseehereby submitsto the Community
Development Manager and the Director of Public Works of the City plans for the placement, arrangement, and
installation of the Improvements.
2.2 Review by City. The Director of Public Works or his representative shall review the plans and make
modifications to the plans that he, in his sole discretion, considers reasonably necessary or appropriate for the
preservation of the public health, safety, and welfare of the City.
2.3 Approval and Effective Date. This Agreement and the rights and obligations hereunder shall become
effective when the Director of Public Worksor his representative has approved the plans. The Licenseeagreesto
place, arrange, or install the Improvements on the Property according to the approved plans. The Licenseeshall not
3
place, arrange, or install any articles on the Property before the plans have been approved. The City retains the right to remove any article or all articles placed in, under, or onto the Property at any time upon at least five (5) days prior
written notice to Licenseeand retains the right to modify or amend the plans atany time after the Effective Date of
this Agreement (but prior to the installation of the Improvements), upon reasonable notice to the Licensee, such
notice informing the Licenseeof the purpose and reasonableness of the modification(s) or amendment(s).
III.
INDEMNIFICATION AND INSURANCE
3.1 Liabilities, Losses, or Damages.Licenseeagreesto defend, hold and save harmless the City, its
officers, agents and employees from any liability, claims, costs, expenses or damages incurred by the Citythat result
from claims by third parties, including expenses of litigation and attorneys’fees, as a result or arising out of the use, maintenance, placement, installation, operation, or removal of the Improvements by Licensee, itscontractors, agents
or employees(“Third Party Claims”), and Licenseecovenantsand agreesto pay to or indemnify the City for payment
of the full amount of any such Third Party Claims. City agrees that it will give Licenseenotice in writing of any
Third Party Claimwithin five (5) business days after it receives such claim. Licenseeagreesthat itwill assume the
obligation to defend, adjust through insurance, and, if necessary, pay such Third Party Claimto the City or the third party incurring the same.
3.2 Period Covered.The indemnity provided by this Agreement will extend from the date of this
Agreement to the termination of this Agreement.
3.3 Expenses, Attorneys’Fees, and Costs.If the City, in the enforcement of Paragraph 2.3 of
this Agreement, shall incur necessary expenses,or become obligated to pay attorneys’fees or court costs, the
Licenseeagreesto reimburse the City promptly for such expenses, attorneys’fees, or costs after receiving notice from the City of the incurring of such expenses, costs, or obligations.
3.4 Notice of Claim Against.The City agrees to give the Licenseeprompt written notice of any claim
made against the City on the obligations assumed by the Licenseehereunder.
3.5 Limitation on Liability.The City and the Licenseeagree that the provisions of Article III of this
Agreement shall not in any way limit the liability of the Licensee.
3.7 Insurance.
A.Licenseeagreesto cause and require any contractor constructing and installing the
Improvements to carry and maintain Commercial General Liability Insurance in amounts not less than those established as maximum recovery limits recoverable against the City
under the Texas Civil Practice and Remedies Code, as amended; and
B.Licenseeagreesto carry and maintain, during the entire term of this Agreement, Personal
Liability or Homeowner’s insurance in amounts not less than those required under A. above.
Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas and
shall name the City as additional insured. Certificates evidencing such insurance contracts and certified copies of such insurance contracts shall be deposited with the Risk Manager for the City. The policy limits provided in the
Agreement shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and
Remedies Code. Such certificates shall require thirty days’written notice to the City in the event of default by
Licenseeor termination of any coverage. [NTD: SUBJECT TO REVIEW BY LICENSEE’S INSURANCE
PROVIDER; CITY TO PROVIDE MAXIMUM RECOVERY LIMITS]
IV.
ASSIGNMENT
4
4.1 Nonassignable.This License is personal to the owner of the Premises and
is non-assignable, except when the Premises is conveyed by Licensee, in which case, this License may be assigned
by Licenseeto a subsequent owner, provided such assignment is in writing, specifically requires the assignee to agree
to and abide by the terms of this Agreement, is signed by the assignee, and recorded in the real property records of Dallas County, Texas. Any other attempt to assign this License will terminate the License granted to Licenseeunder
this Agreement.
V.
TERMINATION
5.1 Terminable at Will.This Agreement is terminable by either party at will by the giving of ninety (90) days’written notice to the other party.
VI.
GENERAL PROVISIONS
6.1 Governing Law.The validity of this Agreement, the construction and enforcement of its terms,
and the interpretation of the rights and duties of the partiesshall be governed by the laws of the State of Texas. Exclusive venue of any action hereon shall lie in Dallas County, Texas
6.2 Amendment.No amendment, supplement, or waiver of this Agreement or any of its provisions
shall be binding upon the parties hereto unless made in writing and duly signed by all parties.
6.3 Waiver.A failure or delay of the City to enforce at any time any of the provisions of this
Agreement, or to exercise any option that is provided in this Agreement, or to require at any time performance of any
of the provisions of this Agreement, shall in no way be construed to be a waiver of such provision of this Agreement.
6.4 Entirety of Agreement.This Agreement constitutes the entire Agreement between the City and
the Licenseeand supersedes all previous agreements, promises, representations, whether written or oral, between the
City and the Licenseewith respect to the subject matter of this Agreement.
6.5 Heading.The article and section headings in this Agreement are for convenience only and
do not constitute part of this Agreement.
6.6 Sole Benefit.Nothing expressed or referred to in this Agreement is intended or shall be construed to give any person, firm, or entity, other than the City or the Licensee, any legal or equitable right, remedy,
or claim under or in respect to this Agreement or any provisions in this Agreement. It is the intention of the City and
the Licenseethat this Agreement, the assumption of obligations and statements of responsibilities herein, and all
conditions and provisions of this Agreement are for the sole benefit of the City and the Licensee, and for the benefit of no other person, firm, or entity.
6.7 Notice.Any notices or other communications required or permitted to be given under this
Agreement, unless otherwise specifically provided, shall be deemed given, if sent by first-class mail, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the
notice. Either party may change its notice address by a written notice as provided herein.
5
If to the City:
City Manager
City of University Park
Dallas, Texas75225Box 8005
University Park, Texas75205-0005
If to Licensee:
Dennis Coe
5956 Sherry Lane, Suite 1500
Dallas, Texas 75225
With a copy to:
David Hundley5956 Sherry Lane, Suite 1500
Dallas, Texas 75225
6.8 Recording. The Licenseemust record this License in the Real Property Records of Dallas County, Texas, and provide written documentation that such recording has been completed.
[Signature Pages Immediately Follow]
Agreement Regarding McFarlin Improvements Exhibit D TM67950 D-2269541
IN WITNESS WHEREOF, the City and the Licensee, acting in person or through their respective duly authorized
representative have caused this Agreement to be signed in their names and delivered as of the date first above
written. This Agreement shall be effective on the last date signed below.
CITY OF UNIVERSITY PARK
3800 University Blvd.
University Park, TX 75205
By: ___________________________________
Robbie Corder
City Manager
Date: ________________________
LICENSEE:
By:
Trevor David Rees-Jones Trustee of the Jan and Trevor Rees-Jones Revocable
Trust created pursuant to Trust Agreement dated August 27, 2008
Date:________________________
Agreement Regarding McFarlin Improvements Exhibit D TM67950 D-2269541
ACKNOWLEDGMENTS
STATE OF TEXAS )
)
COUNTY OF DALLAS)
BEFORE ME, the undersigned authority, on this day personally appeared Trevor David Rees-Jones and
Janice Marie Rees-Jones, Trustees of the Jan and Trevor Rees-Jones Revocable Trust created pursuant to Trust Agreement dated August 27, 2008, known to me to be the person/persons whose name is subscribed to the foregoing
instrument as GRANTOR, and acknowledged to methat the he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of _________________, 2014.
Notary Public, State of Texas
STATE OF TEXAS )
)CITY OFUNIVERSITY PARK, TEXAS
COUNTY OF DALLAS)
This instrument was acknowledged before me on the _____ day of __________ 2014, by Robbie Corder,
City Manager of the CITY OF UNIVERSITY PARK, TEXAS, a home-rule municipal corporation, on behalf of
such corporation.
Notary Public, State of Texas
Agreement Regarding McFarlin Improvements Exhibit D TM67950 D-2269541
Exhibit A
IMPROVEMENTS
1.Gate operated by remote control
2.Privacy wall consistent with the wall surrounding other portions of the Premises
3.Driveway resurfacing
4.Landscaping
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Robbie Corder, City Manager
SUBJECT:Consider & Act: Agreement between the City of University Park and
the Estate of Adele N. Seybold(3805 McFarlin)
BACKGROUND:
The City of University Park has various locations throughout the community subject
to flash flooding during significant rain events. The most dangerous location is on
the 3800 blockof McFarlin near Turtle Creek, just south of Williams Park. During a
100-year storm event, flood waters from Turtle Creek can crest five-feet (5’) over
McFarlin Boulevard between Williams Parkway and Park Street. For several years,
the City has studied various options that would lower the floodplain in this location;
however, the magnitude of various improvements needed to McFarlin Boulevard,
Williams Park and water impounding dams downstream have made the project cost
prohibitive in the past.
In connection with property redevelopment south of McFarlin, the City has been in
negotiationswith property owners immediately south of McFarlin Boulevard to
address this critical flooding problem. The proposed agreement between the City of
University Park and the Estate of Adele N. Seybold representsa public/private
partnership that would allow the City to proceed with necessary infrastructure
improvements to correct the flooding in this area.
The proposed improvements to address flooding in this areawill result in the raising
of the pool elevation south of McFarlin by two and a half feet (2.5’). Raising the pool
elevationby this amount will cause the bank of the creek to further encroach onto
the property of the Estate of Adele N. Seybold. Additional retaining walls are
necessary to prevent encroachment of the creek. Under the proposed terms of the
agreement the Estate of Adele N. Seybold agrees to pay for seventy-five percent
(75%) of the construction costs associated with the retaining walls on the property
located at 3805 McFarlin, up to a maximum of $75,000. The remaining balance of
the construction costs will be funded by the City of University Park. The City is
responsible for design and construction administration of the walls.
RECOMMENDATION:
Staff recommends approval of the proposed agreement between the City of
University Park and the Estate of Adele N. Seybold.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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Agreement Regarding Improvements 67888
AGREEMENT REGARDING IMPROVEMENTS
THIS AGREEMENT REGARDING IMPROVEMENTS(“Agreement”)is made and entered into
as of the ___ day of _____________ 2014(the “Effective Date”), by and between the Estate of Adele N.
Seybold, by John P. Locke, Executor(“Owner”)and theCityofUniversityPark, a municipal corporation
(the “City”).
RECITALS:
WHEREAS,Ownerowns certain real property located in the City of University Park, Dallas
County, Texas, described asJenkins Subdivision of Tract 3, Lots 1, 2, and 60’ of Lot 3, containing .47
acres, more or less, and commonly known as 3805 McFarlin Boulevard, University Park, Dallas County,
Texas(the “Premises”);
WHEREAS, Ownerand the City desire to jointly construct certain improvements, consisting of a
concrete retaining wall at the edge of the waters of Turtle Creek abuttingthe Premises,betweenthe City
right-of-way of McFarlin Boulevardand the property abutting the Premises on the south,a distance of
approximately 178 feet across where the retaining wall is currently shown on a plat furnished City by
Owner, to an elevation of 528’ Mean Sea Level(“MSL”) (the “Improvements”);and
WHEREAS, the Improvements will protect the Premises and other private and public property
from erosion by the waters of Turtle Creekand provide a means to request removal ofthe Premises from
the 100 year flood plain as currently shown on the Flood Insurance Rate Map adopted by FEMA;
NOW, THEREFORE,in consideration of the mutual agreement herein contained, Ownerand the
City covenant and agree as follows:
AGREEMENT:
1.Design and Construction of Improvements; Easements; Payment of the Costs. The City
shalldesign and construct the Improvementsin accordance with any applicable City construction
standards. The Ownerwill grant the City a temporary construction easementon the Premises as
necessary to construct any part of the Improvements. Upon completion and acceptance of the
Improvements by the City, the temporary construction easementwill terminateand the City will petition
FEMA (and bear the associated expense) to request removal ofthe Premises from the flood plain insofar
as is possible.After the construction bids have been submitted and approved by the City Council, but
prior to execution by the City of acontract for theconstruction of the Improvements,Owneragreesto
deposit the sum of $75,000.00 into an escrow account established by the City in a federally insured bank agreeable to Ownerfor the purpose of paying the agreed upon costs of the construction of the Improvements(the “costs”). The Owneragreesto pay up to 75% of the costs, not to exceed the sum of $75,000.00. Use of the escrow account will be limited to payment of the costsof construction. The City
agrees to pay the costs attributable to the engineering and design and the balance of the costsof
constructionover $75,000.00, without limitation. The escrow account will be in the name of the Cityand
designated for use only for payment of the costs of the Improvementswith respect to the stated 178 feet
as described above, with the City Manager as sole signatory on the account. A drawon the account will
be made by the City Manager only upon receipt by the City of an invoice or draw request from a
contractor engaged in construction (not the design or engineering) of the Improvements and a copy of the
invoice or request and the check in payment thereof will be furnished Ownerby mail.Any dispute of the
amounts paid will be subject to arbitration. Owner may request a status audit of the escrow account at
any time after deposit through completion of construction. Such request for an accounting shall be
Agreement Regarding Improvements 67888
responded to within five (5) days of the request. The city agrees to provide a timeline for the project and
to inform the Owner of any changes that occur in this timeline. Should the costs not exceed $100,000.00;
a refund of the balance of the $75,000.00 will be made to Ownerby the City.
2.Turtle Creek Water Level.When the City completes construction of the Improvements, the
static water level of TurtleCreek will be raised from 524.5’MSL to 527’MSL. The City assumes all
responsibility and liability for the increased water level in the pool south of McFarlin Blvd, including the
obligation to obtain any permits or consents from regulatory bodies or affected landowners.
Owner will provide City an easement for placement of City equipment used for de-silting the Turtle
Creek pool located south of McFarlin Blvd on the Premises; provided, however, such easement shall be
exclusively within the creek bed of Turtle Creek located on the Premises(for the avoidance of doubt, the
City shall not be permitted to access or place any equipment on the Premises that is outside of such creek
bed). The City shall bear the cost of all future de-silting operations once the Dam has been completed and become operational. No silt removed from the creek bed shall be placed on the Premises or other land owned or acquired in the future by Owner.
3.Safety Matters, Indemnification, Insurance and Risk Transfer.
a.Safety Matters. Each party hereto shall take all safety measures reasonably required to
protect the other party and the property of each from injury or damage caused by or resulting from the
performance of this Agreement.
b.Indemnification. With respect to work to be performed hereunder, the City agrees to indemnify, defend and hold harmlessOwnerand itsemployees, agents,servants and invitees (the “OwnerParties”) from any and all loss, damage, liability, cost or expenses, including, but not limited to,
reasonable attorneys’ fees, court costs and other sums which the OwnerParties may pay or become
obligated to pay on account of any, all and every demand or claim, or assertion of liability, or any claim
or action founded thereon arising or alleged to have arisen out of any act, omission or breach of the City,
or its agents,servants and employees, whether such claim or claims, action or actions be for damages,
injury to person or property, including the property of the OwnerParties, or death of any person, made by
any person, group or organization.
c.Insurance or Risk Transfer. During performance of all of its obligations under this
Agreement, the City agrees that it shall, at its own expense (and shall cause any third party contractor to)
maintain in force a policy or policies ora similar Liability Coverage Document written by one or more
responsible insurance carriers licensed to do business in the State of Texas, or by the Texas Municipal
League Intergovernmental Risk Pool(the “Pool”), which shall insure or protect the City against liability
for bodily injury to and/or damage to property of any person or persons. Moreover, the City will endorse
its PoolLiability Coverage Document to include the Pool's Indemnification Under Contract Endorsement
EL217,with specific reference to this Agreement.The City will also take all steps necessary to make
sure that the Pooladds all necessary classifications to its General Liability schedule of exposures so that
the subject-matter of this Agreement is covered.
4.Miscellaneous Provisions.
a.Amendment. This Agreement may not be modified or amended, except by an agreement
in writing signed by the parties hereto.
Agreement Regarding Improvements 67888
b.Entire Agreement. This Agreement constitutes the entire agreement among the parties
pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and
understandings of the parties in connection therewith.
c.Multiple Counterparts. This Agreement may be executed simultaneously in two or more
faxed counterparts, each of which shall be deemed an original and all of which together shall constitute
one and the same instrument.
d.Construction. The parties acknowledge that they have had the opportunity to be represented by counsel in connection with this transaction and that this Agreement shall be interpreted according to its fair construction and shall not be construed against either party.
e.Binding Agreement; Assignment. This Agreement shall be binding upon and
inure to the benefit of the heirs, successors, affiliates, administrators, executors, and permitted
assigns of therespective parties. This Agreement may not be assigned by Owner, except to the
subsequent owners of the Premises, without the prior written consent of the City.
f.Limitation on Liability.It is acknowledged and agreed by the parties thatthe
terms hereof are not intended to and shall not be deemed to create a partnership or joint venture
among the parties. It is understood and agreed between the parties that Owner, in satisfying the
conditions of this Agreement, hasacted independently, and the City assumes no responsibilities
or liabilities to third parties in connection with these actions. Owneragreesto indemnify and
hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses,
including reasonable attorney’s fees, of any nature whatsoever arising out of Owner’s
performance of the conditions of this Agreement.
g. Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that aregranted and assumed under this Agreement.
h. Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified
mail, return receipt requested, addressed to the party at the address set forth below or on the day
actually received as sent by courier or otherwise hand delivered.
If intended for City, to:
City of University Park
Attn: City Manager3800 University Blvd.
University Park, Texas75205
With a copy to:
Robert L. Dillard III
Nichols, Jackson, Dillard,Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
Agreement Regarding Improvements 67888
If intended for Owner:
Estate of Adele N. Seybold
John P. Locke, Executor
3701 Southwestern Blvd.
University Park, Texas 75225-7222
i.Governing Law. This Agreement shall be governed by the laws of the State of
Texas;and exclusive venue for any action concerning this Agreement shall be in the State
District Court of Dallas County, Texas. The parties agree to submit to the personal and subject
matter jurisdiction of said Court.
j. Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the
intention of the parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
k. Survivalof Covenants.Any of the representations, warranties, covenants, and
obligationsof the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written.
OWNER, ESTATE OF ADELE N. LOCKE
By: John P. Locke, Executor
THE CITY OF UNIVERSITY PARK,TEXAS
By:
Name:
Its:
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO: Honorable Mayor and City Council
FROM: Gene R. Smallwood. P.E.
SUBJECT:Letter of Authorization with the North Central Texas Council of
Governments concerning the Regional Storm Water Management Program
BACKGROUND:
In December 2013, the Council authorized the City’s participation in a five (5) year
InterlocalAgreement with the North Central Texas Council of Governments (NCTCOG)
for the Regional Storm Water Management Program for FY13 –FY17. Participation in
the program provides municipalities resources for staff and developer training, public
education, and guidance with TCEQ mandated annual reporting concerning compliance
with the City’s Storm Water Management Program (SWMP).
Annual dues associated with the Interlocal Agreement are assessed to each cooperating
municipality based on population. The 2015cost-share for the City is $2,911.00. Staff
anticipates utilizing construction inspection training materials and public education and
outreach brochures and currently takes advantage of the information and guidance
provided by the Regional Storm Water Management Program.
RECOMMENDATION:
Staff recommends approval of the authorization letter for participation in the Regional
Storm Water Program with NCTCOG and payment for the associated FY2015Work
Program and to authorize the City Manager to execute the letter.
AGENDA MEMO
TO:Honorable Mayor and City Council
FROM:Luanne Hanford
Director of Human Resources
RE:Renewal of Property, Liability & Worker’s Compensation Coverage
DATE:October 15, 2014
For those of you who are new to the City Council and as a reminder for everyone else, the City
has property, liability, and worker’s compensation coverage with the Texas Municipal League
Intergovernmental Risk Pool (TML-IRP) via an inter-local agreement. The City has had coverage with TML-IRP since 2005. Until 2012, the deductibles were $100,000 for most
coverages. In 2012, the City dropped the deductibles to take advantage of the softer insurance
market.
On August 13, 2014, the Property, Casualty, and Liability Insurance Committee reviewed the renewal submitted by TML-IRP and voted unanimously to recommend approval of the renewal
in the amount of $220,769.52. Funds have been budgeted in the Self-Insurance Fund. Attached
are the committee minutes and aspreadsheet that illustrates the City’s premiums, deductibles,
and limits of liability for the past several years.
MINUTES
Property, Casualty & Liability Insurance Committee
August 13, 2014
A meeting of the Property, Casualty & Liability Insurance Committee met at 7:30
am on August 13, 2014. Members attending the meeting were Chairman Frank
Swingle, Bruce Klingman, Scott Ragland, Howard McClure, John Palter, and Ron
Ward. Also attending the meeting were Human Resources Director Luanne
Hanford, City Manager Robbie Corder, and City Councilmember Bob Begert.
Chairman Swingle called the meeting to order at 7:30 am. He introduced Howard
McClure, the new committee member. The rest of the attendees also introduced
themselves.
The first item on the agenda was a review and discussion of the proposed budget
for the self-insurance fund for liability, property, andWorker’s Compensation.
Included in the FY 2015 budget is $201,200 for liability and property premiums
plus $216,535 for Worker’s Compensation premiums and all claims for a total of
$417,735. Mr. Swingle distributed a spreadsheet he had prepared listing past
claims and premiums. According to his calculations, the City was under-funding
for claims. Ms. Hanford told the committee that she had discussed this with the
finance director and city manager during the budget preparation process and they
preferrednot to increase the funding for claims this year and to draw down on
the Self-Insurance Fund balance for any claims that run over the budgeted
amount. Discussion followed regarding the fund balance of the fund. Mr. Swingle
told the committee that he didn’t have a problem with that as long as everyone
understood that was the case.
The next item on the agenda was the renewal of the insurance program from
Texas Municipal League Inter-Governmental Risk Pool. The committee reviewed
the spreadsheet provided by Ms. Hanford that illustrated the deductible amounts,
the limits of liability, and a history of premiums dating back to FY2010. The net
increase for the renewal is 5%, most of it occurring in the auto lines. The
committee discussed the renewal.
After discussion of the proposed budget and renewal figures, the committee
agreed to recommend both the budget and the renewal for adoption by the City
Council.
Councilmember Begert told the committee members he appreciated what they
did and thanked them for their service on the committee.
There being no further business, the meeting was adjourned.
______________________________________________________________
Frank Swingle, Chairman Luanne Hanford, HR Director
LIABILITY, PROPERTY & WORK COMP
Coverage Per Occ.Limits of Limits of 2009-10 2010-11 2011-12 2012-13 2012-13 2012-13 2012-13 2013-14 2014-15 Renewal
Deductible Liability Liability Agg Contribution Contribution Contribution Per Occ.Limits of Limits of Contribution Contribution Renewal Difference
(Per Occ)Deductible Liability Liability Agg
(Per Occ)
Gen. Liability 100,000$ 5,000,000$ 10,000,000$ 16,119$ 14,407$ 11,023$ 25,000$ 5,000,000$ 10,000,000$14,992$ 14,797$ 14,931$ 134$
Sudden Events
Involving Pollution 2,000,000$ 2,000,000$
Law Enforcement 100,000$ 5,000,000$ 10,000,000$ 15,552$ 15,515$ 13,882$ 25,000$ 5,000,000$ 10,000,000$17,431$ 18,049$ 17,102$ (947)$
Errors & Omissons 100,000$ 10,000,000$10,000,000$ 32,916$ 30,542$ 27,908$ 50,000$ 10,000,000$10,000,000$33,427$ 35,318$ 36,062$ 744$
Auto Liability 100,000$ 5,000,000$ 35,251$ 33,557$ 29,876$ 100,000$ 5,000,000$ 27,040$ 29,311$ 33,040$ 3,729$
Auto Phys Damage 10,000$ per schedule 20,442$ 19,935$ 23,116$ 5,000$ per schedule 29,266$ 30,431$ 32,964$ 2,533$
Auto Catastrophe 4,950$ 4,950$ 5,940$ 10,000$ 6,270$ 6,270$ 6,930$ 660$
RCV for Fire Power Units 10,000$ incl incl incl
Real & Pers. Property 25,000$ per schedule 37,981$ 36,276$ 36,333$ 25,000$ per schedule 39,860$ 43,993$ 45,639$ 1,646$
Mobile Equipment 500$ per schedule 4,064$ 3,631$ 3,631$ 500$ per schedule 3,558$ 4,165$ 4,362$ 197$
Employee Dishonesty 25,000$ 4,000,000$ 3,448$ 3,103$ 3,145$ 25,000$ 4,000,000$ 3,833$ 3,833$ 2,855$ (978)$
Forgery 500$ 50,000$ 197$ 177$ 177$ 500$ 50,000$ incl incl
Theft -$ 50,000$ 150$ 135$ 135$ -$ 50,000$ incl incl
Computer Fraud 500$ 2,000,000$ 418$ 376$ 376$ 500$ 2,000,000$ incl incl
Work Comp 100,000$ statutory 48,913$ 40,292$ 29,331$ 100,000$ statutory 27,261$ 26,878$ 30,789$ 3,911$
Total Contributions (Prem.)220,401$ 202,896$ 184,873$ 202,938$ 213,045$ 224,674$ 11,629$
Equity Returns (17,088)$ (24,300)$ (16,789)$ (17,074)$ (3,653)$ (5,499)$ (1,846)$
Pre-pay discount (6,530)$ (6,087)$ (5,043)$ (4,030)$ (4,261)$ (4,493)$ (232)$
Net Premium Cost 196,783$ 172,509$ 163,041$ 181,834$ 205,131$ 214,682$ 9,551$
Claims (Actual/YTD)138,310$ 132,716$ 372,061$ 421,715$ 181,932$
Total Premiums & Claims 335,093$ 305,225$ 535,102$ 603,549$ 387,063$
Budgeted for premiums 364,615$ 372,150$ 350,791$ 321,482$ 366,276$ 417,735$ 51,459$
& claims
Budgeted vs. Actual 29,522$ 66,925$ (184,311)$ (282,067)$ (20,787)$
City Council
City of University Park
Meeting Agenda
City Hall
3800 University Blvd.
University Park, TX 75205
Council Chamber5:00 PMTuesday, October 21, 2014
EXECUTIVE SESSION
3:30 - 4:00 P.M. Pursuant to TGC§ 551.072, the City Council will meet in closed session to discuss
real estate matters. No action will be taken. Executive Conference Room, 1st Floor, City Hall.
PRE-MEETING WORK SESSION(S)
4:00 - 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: Councilmember Taylor Armstrong
B.PLEDGE OF ALLEGIANCE: Councilmember Taylor Armstrong / Boy Scouts
C.INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr.
D.INTRODUCTION OF STAFF: City Manager Robbie Corder
II.AWARDS AND RECOGNITION
Proclamation – Arbor Day 2001414-225
Staff Report
Arbor Day 2014
Attachments:
Proclamation - 75th Anniversary of University Park United Methodist
Church
14-224
10-21-14 UPUMC ProclamationAttachments:
Page 1 City of University Park Printed on 10/17/2014
October 21, 2014City Council Meeting Agenda
III.CONSENT AGENDA
Consider award of Bid #2014-07 for Stone, Concrete Sand, Pea Gravel,
and Sandy Loam
14-199
Staff Report
Bid Tabulation - 2014-07
Attachments:
Consider and act on a resolution approving an interlocal agreement with
Dallas County for participation in the Household Hazardous Waste
Program
14-206
Staff Report
FY15 Budget Shares Final
ILA FY15 - University Park
264approve HHW ILA with Dallas County61979
Attachments:
Consider approval of a request from Southern Methodist University
(SMU) to use Bush Avenue from Mockingbird Lane to SMU Boulevard
as a staging area for their Homecoming Parade Floats
14-210
Staff Report
SMU Homecoming Ltr 2014
SMU Homecoming Parade (2014) Revised Route
SMU Public Assembly Permit App 2014
Attachments:
Consider award of a contract for annual sidewalk replacement14-212
Staff Report
Bid Tab 10 02 2014
Attachments:
Consider approval of a resolution renewing the City's investment policy14-216
Staff Report
Resolution Renewing Invest Policy 10212014
Investment Policy 10212014
Attachments:
Consider approval of an ordinance amending the FY2014 budget and
providing for transfers of funds
14-217
Staff Report
Ordinance amending FY2014 budget 10.21.2014
Attachments:
Page 2 City of University Park Printed on 10/17/2014
October 21, 2014City Council Meeting Agenda
Consider approval of an ordinance amending the FY2015 budget to
carryover FY2014 encumbrances
14-218
Staff Report
Encumbrances Summary FY2015
Ordinance amending FY2015 budget 10.21.2014
Encumbrances FY2015
Attachments:
Consider approval of the minutes of the September 24, 2014
Community Meeting - HPISD/City Natatorium Proposal and minutes of
the October 7, 2014 City Council Meeting with or without corrections
14-219
Staff Report
September 24, 2014 Community Meeting Minutes
October 7, 2014 City Council Meeting Minutes
Attachments:
IV.MAIN AGENDA
Consider approval of an agreement between the City of University Park
and the Jan and Trevor Rees-Jones Revocable Trust for improvements
to McFarlin Boulevard (3801 McFarlin)
14-220
Staff Report
264TRJ McFarlin Agreement67950 (3) FINAL 10.17.14
Attachments:
Consider approval of an agreement between the City of University Park
and the Estate of Adele N. Seybold (3805 McFarlin)
14-221
Staff Report
264Locke re McFarlin improvements67888 FINAL 10.17.14
Attachments:
Consider approval of the City's FY15 participation in the North Central
Texas Council of Government (NCTCOG) Regional Storm Water
Management Program
14-209
Staff Report
UP_RSWMP_LOA_FY15
FY15 - Appendix A - Deliverables
FY15 - Appendix B - Budget
FY15 Work Program
Attachments:
Consider approval of the renewal of property, liability and worker's
compensation coverage with the Texas Municipal League
Inter-Governmental Risk Pool in the amount of $220,769.52
14-211
Staff Report
Property, Casualty & Liability Insurance Committee Minutes
TML renewal 10.1.2014
Attachments:
Page 3 City of University Park Printed on 10/17/2014
October 21, 2014City Council Meeting Agenda
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 4 City of University Park Printed on 10/17/2014
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
(10/21/2014AGENDA)
DATE: October15, 2014
TO: Honorable Mayor and Members of the City Council
FROM: Gerry Bradley, Director of Parks
SUBJECT: Proclamation –Arbor Day20014
BACKGROUND:
Since 1982,the City of University Parkhas planted over 3700 trees within our
communityas part of the very successful “Trees for Town” programas well as
the planting of trees as part of our citywide re-forestation program. In an effort to
continue to demonstrate our city’scommitment to the health, wellbeing and
aesthetics of our community, staff is requesting City Council consider the
approval of a proclamationestablishing Friday, November21, 2014as “Arbor
Day”in the City of University Park.This will be the 10th year the City has
observed this program and the 9th year as being recognized by the National
Arbors Day Foundation as a “Tree City USA” community.
RECOMMENDATION:
Staff is requesting City Council approve the proclamation establishing Arbor Day
in the City of University Park on Friday, November 21, 2014. Staff believes that
this will be an excellent opportunity to remind residentsof the importance of
planting trees during this time of year.
ATTACHMENTS:
Proclamation
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Elizabeth Anderson, Purchasing Manager
SUBJECT:Bid # 2014-07 for Stone, Concrete Sand, Pea Gravel, and Sandy Loam
BACKGROUND:
We received bids on September 26 for asphaltic materials to be supplied on an annual
basis. Six vendors responded, and the low bidders are as follows:
Crushed Stone provided by Martin Marietta at $25.00/ton, $80,000 annually
Estimated usage is 3,200 tons/year
Concrete Sand provided by DFW Aggregates at $25.85/ton, $82,720 annually
Estimated usage is 3,200 tons/year
Pea Gravel provided by ParnosaAcquisition Company at $20.85/ton, $29,190 annually
Estimated usage is 1,400 tons/year
Sandy Loam provided by DFW Materials at $19.00/ton, $19,000 annually
Estimated usage is 1,000 tons/year
Our Infrastructure Maintenance Supervisor has inspected all materials and confirmed
that they will meet his needs. Deliveries will begin in November and all prices include
freight. This annual contract includes a one-year renewal.
RECOMMENDATION:
Staff recommends awarding the contracts to the low bidder for each component. The
total annual expenditure would be $210,910.00.
BID 2014-07 STONE, CONCRETE SAND, PEA GRAVEL, SANDY LOAM - ANNUAL CONTRACT
9/29/2014
COMMODITY COMPANY UNIT PRICE
ANNUAL USAGE
(TONS)EXTENDED PRICE VENDOR COMMENTS
CRUSHED STONE MARTIN MARIETTA 25.00$ 3200 80,000.00$
MATERIAL IS BID FROM THE DALLAS YARD.
DELIVERY BID WITH END DUMP TRACTOR TRAILER.
ATTACHED IS FORMAL QUOTE WITH STD. TERMS
AND CONDITIONS.
CRUSHED STONE CJA ENTERPRISES 27.20$ 3200 87,040.00$
CRUSHED STONE DFW MATERIALS 28.00$ 3200 89,600.00$
CRUSHED STONE DFW AGGREGATES 31.37$ 3200 100,384.00$
CRUSHED STONE PARNOSA ACQUISITION COMPANY 32.50$ 3200 104,000.00$ 1" #4 PER SPEC
CRUSHED STONE THE LETCO GROUP / LIVING EARTH 35.50$ 3200 113,600.00$ #57 LIMESTONE
COMMODITY COMPANY UNIT PRICE
ANNUAL USAGE
(TONS)EXTENDED PRICE VENDOR COMMENTS
CONCRETE SAND DFW AGGREGATES 25.85$ 3200 82,720.00$
CONCRETE SAND PARNOSA ACQUISITION COMPANY 26.50$ 3200 84,800.00$ CONCRETE SAND PER SPEC
CONCRETE SAND DFW MATERIALS 27.33$ 3200 87,456.00$
CONCRETE SAND CJA ENTERPRISES 28.60$ 3200 91,520.00$
CONCRETE SAND THE LETCO GROUP / LIVING EARTH 30.00$ 3200 96,000.00$
CONCRETE SAND MARTIN MARIETTA NO BID 3200 NO BID
COMMODITY COMPANY UNIT PRICE
ANNUAL USAGE
(TONS)EXTENDED PRICE VENDOR COMMENTS
PEA GRAVEL PARNOSA ACQUISITION COMPANY 20.85$ 1400 29,190.00$ 3/8" PEA GRAVEL PER SPEC
PEA GRAVEL CJA ENTERPRISES 21.50$ 1400 30,100.00$
PEA GRAVEL DFW MATERIALS 21.83$ 1400 30,562.00$
PEA GRAVEL DFW AGGREGATES 25.85$ 1400 36,190.00$
PEA GRAVEL THE LETCO GROUP / LIVING EARTH 32.00$ 1400 44,800.00$
PEA GRAVEL MARTIN MARIETTA NO BID 1400 NO BID
COMMODITY COMPANY UNIT PRICE
ANNUAL USAGE
(TONS)EXTENDED PRICE VENDOR COMMENTS
SANDY LOAM DFW MATERIALS 19.00$ 1000 19,000.00$
SANDY LOAM THE LETCO GROUP / LIVING EARTH 21.60$ 1000 21,600.00$ LOAM/TON
SANDY LOAM DFW AGGREGATES 21.85$ 1000 21,850.00$
SANDY LOAM CJA ENTERPRISES 24.25$ 1000 24,250.00$
SANDY LOAM PARNOSA ACQUISITION COMPANY 26.50$ 1000 26,500.00$ GRADE 1 SANDY LOAM PER SPEC
SANDY LOAM MARTIN MARIETTA NO BID 1000 NO BID
10/8/2014 10:16 AM
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/7/2014Agenda
TO: Honorable Mayor and City Council
FROM: Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT:Consider and act on a resolution approving an interlocal agreement with
Dallas County for participation in the Household Hazardous Waste Program
BACKGROUND:
The Dallas County Household Hazardous Waste Disposal Program was initiated in
1994. Citizens of University Park have used the Home Chemical Collection Center
(located at 11234 Plano Road in Dallas) to dispose of their paint, herbicides, pesticides,
etc. University Park's annual contribution to the program is funded as a $25,000
expenditure from the Sanitation Division FY 2015 budget.
RECOMMENDATION:
Staff recommends City Council approval of the resolution authorizing the City Manager
to execute an InterlocalAgreement with Dallas County to coordinate a countywide
Household Hazardous Waste Disposal Program.
1
2 PERSONNEL EXPENSE
3 Salary, Pgm. Mgr.$ 66,981 $ 69,660 $ 69,660
4 Fringe, Pgm. Mgr.20,493$ 21,570$ 21,570$
5 Salary, Pgm. Coordinator $ 50,652 $ 52,678 $ 52,678
6 Fringe, Pgm. Coordinator 17,581$ 18,543$ 18,543$
7 Salary, HHW Admin. Asst.$ 36,858 39,069$ $ 39,069
8 Fringe, HHW Admin. Asst.15,122$ 16,116$ 16,116$
9 Salary, Haz. Waste Specialist (A)$ 44,740 $ 44,699 $ 44,699
10 Fringe, Haz. Waste Specialist 16,527$ 17,120$ 17,120$
11 Salary, Haz. Waste Specialist (B)$ 44,699 $ 44,699 $ 44,699
12 Fringe, Haz. Waste Specialist 16,520$ 17,120$ 17,120$
13 Salary, Haz. Waste Technician / Proposed Specialist $ 32,864 $ 44,699 $ 44,699
14 Fringe, Haz. Waste Technician / Proposed Specialist 14,410$ 17,120$ 17,120$
15 PERSONNEL BUDGET SUB-TOTAL 377,446$ 403,093$ 403,093$
16 PROGRAM OPERATING EXPENSE
17 Advertising 16,000$ 28,000$ 28,000$
18 Books & Supplements 175$ 175$ 175$
19 Collection Supplies & Tools 26,500$ 28,000$ 28,000$
20 Communications (Cell Phones, Pagers)0$ 0$ 500$
21 Computer Expense (Hardware, Software, Etc.) 1,200$ 1,200$ 1,600$
22 Dues/Subscriptions 500$ 500$ 600$
23 Equipment Rental 900$ 900$ 900$
24 Equipment Repair 3,000$ 3,000$ 3,000$
25 Fuel 7,000$ 7,000$ 7,000$
26 Laundry Service 3,000$ 3,000$ 2,500$
27 Medical Surveillance 4,300$ 4,300$ 4,300$
28 Mileage/Parking for Routine Business 1,500$ 1,500$ 1,500$
29 Office Equipment Purchase/Rentals 1,800$ 1,800$ 1,800$
30 Office furnishings 300$ 300$ 300$
31 Office Supplies 1,400$ 1,500$ 1,500$
32 Personal Safety Equipment/Devices 48,000$ 50,000$ 50,000$
33 Postage/Freight/Courier 700$ 1,200$ 1,200$
34 Printing/Signage 1,000$ 1,000$ 1,000$
35 Public Education Materials 1,000$ 1,000$ 1,000$
36 Staff Development/Training Fees & Supplies 3,400$ 3,400$ 3,400$
37 Travel for Staff Development & Special Business 600$ 600$ 600$
38 Uniforms 6,000$ 6,000$ 6,000$
39 Utilities/Maintenance Expense for HC3 70,000$ 70,000$ 75,000$
40 Vehicle Maintenance 4,500$ 4,500$ 4,500$
41 Volunteer Support/Incentives 1,100$ 1,100$ 1,100$
42 TOTAL OPERATING EXPENSE BUDGET 203,875$ 219,975$ 225,475$
43 COMBINED PERSONNEL AND OPERATING EXPENSE 581,321$ 623,068$ 628,568$
44 1OPERATIONS OFFSET FROM CARRYOVER 0$ (26,500)($ (30,000)($
45 2 NET OPERATING & PERSONNEL COST TO CITIES 581,321$ 596,568$ 598,568$
46
47 Building Maintenance 10,000$ 10,000$ 10,000$
48 Equipment 10,000$ 10,000$ 10,000$
49 TOTAL CAPITAL EXPENSE 20,000$ 20,000$ 20,000$
50 2 NET OPERATING, PERSONNEL, AND CAPITAL COST TO CITIES 601,321$ 616,568$ 618,568$
51
OPERATIONAL AND CAPITAL BUDGETS
CAPITAL EXPENSE
Line
#Budget Item FY13 FY14
DALLAS COUNTY HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY15 HHW Budget
Draft 2
FY15
52
53 3Collection/Mobilization/Disposal 619,500$ 650,000$ 685,000$
54 Contractual Labor/Temp Labor 175,000$ 184,000$ 184,000$
55 ESTIMATED TOTAL COLLECTION/DISPOSAL COST 794,500$ 834,000$ 869,000$
56 1LABOR OFFSET FROM CARRYOVER (80,000)($ (80,000)($ (80,000)($
57 2 NET COLLECTION/DISPOSAL COST TO CITIES 714,500$ 754,000$ 789,000$
58
59
60 2 NET COST TO CITIES 1,315,821$ 1,370,568$ 1,407,568$
61 1TOTAL OFFSET FROM CARRYOVER $ 80,000 $ 106,500 $ 110,000
62 TOTAL PROGRAM BUDGET 1,395,821$ 1,477,068$ 1,517,568$
1
2 1Special capital purchases and projects 45,000$ 65,000$ 21,000$
3 2Emergency capital reserve $ 50,000 $ 50,000 $ 50,000
4 ADDITIONAL CARRYOVER USAGE 95,000$ 115,000$ 71,000$
COLLECTION/DISPOSAL BUDGET
OVERALL PROGRAM BUDGET (Operational, Collection/Disposal, Capital)
File: FY15 Budget & Shares Final
NOTES:
3 COLLECTION/DISPOSAL represents estimated disposal costs billed to participating cities on an as-used basis. Actual cost may be less
or more, depending on economies achieved and available city funding.
2 NET COST TO CITIES represents the actual cost billed to participating cities after carryover offset is applied.
1 OFFSET FROM CARRYOVER represents funds carried over from prior year budgets and applied to current year budget in order to offset
out-of-pocket expense to participating cities.
ADDITIONAL RECOMMENDED USE OF PREVIOUS YEAR CARRYOVER FUNDS
NOTES:
1SPECIAL CAPITAL PURCHASES AND PROJECTS are off-budget expenses for which the cities request to use previous year carryover
funds. FY15 projects include replacement of one can crusher at a cost of up to $18,000 and replacement of two aging computer/printer
systems at a cost of up to $3,000.
2EMERGENCY CAPITAL RESERVE represents funds reserved from prior year carryover to cover unexpected capital expenses that
cannot be covered within the budget, thus avoiding the need for special assessments to the cities. The capital reserve fund does not
accrue and must be re-approved each year.
City
Service Area Based on
Single Family
Households as per
Current NCTCOG
Estimates
Percent of
Service Area
FY15 Quarterly
Share of
Operational and
Capital Budgets*
FY15 Annual
Share of
Operational and
Capital Budgets*
Addison 1,740 0.32%500$ 2,001$
Dallas 284,450 52.88%81,775$ 327,100$
De Soto 15,289 2.84%4,395$ 17,581$
Duncanville 11,593 2.16%3,333$ 13,331$
Farmers Branch 8,764 1.63%2,520$ 10,078$
Garland 64,078 11.91%18,421$ 73,686$
Highland Park 3,514 0.65%1,010$ 4,041$
Irving 40,834 7.59%11,739$ 46,957$
Mesquite 38,967 7.24%11,202$ 44,810$
Richardson 30,202 5.61%8,683$ 34,730$
Rowlett 18,689 3.47%5,373$ 21,491$
Sachse 6,819 1.27%1,960$ 7,841$
Seagoville 3,653 0.68%1,050$ 4,201$
Sunnyvale 1,728 0.32%497$ 1,987$
University Park 7,594 1.41%2,183$ 8,733$
TOTAL 537,914 100%154,642$ 618,568$
* NOTE: FY15 Operational Budget = $598,568 Capital Costs = $20,000 Combined Operational and Capital Budget =
$618,568
Proportional Shares of FY2015 Operational and Capital Budget *
DALLAS COUNTY HOUSEHOLD HAZARDOUS WASTE PROGRAM
Based on Estimated SINGLE FAMILY HOUSING UNITS
Prepared for FY15 Budget Meeting
Operational and Capital budget shares are determined by multiplying each city's Percent of Service Area times the
budget total. City shares are billed quarterly in advance and may be proportionately adjusted in the event city
participation changes. Disposal costs are paid in addition to Operational and Capital costs and are based on actual
usage.
HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 1 of 3
STATE OF TEXAS §
§
COUNTY OF DALLAS §
AMENDMENT NO. 2
TO THE HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT
(The “Agreement”)
BETWEEN
DALLAS COUNTY
AND
CITY OF UNIVERSITY PARK
(The “City”) A MEMBER CITY OF
THE DALLAS AREA HOUSEHOLD HAZARDOUS WASTE NETWORK
WHEREAS, on July 7, 2014 the Dallas County Commissioners Court was briefed on a
request from the cities of the Dallas Area Household Hazardous Waste Network to renew and revise
the effective term and specify new fiscal year budgets for the Household Hazardous Waste Program
Interlocal Agreement (“Agreement”) that permits four additional one-year renewals for a five-year
total contract term and was authorized by Court Order 2012-1223; and
WHEREAS, Amendment 1, which was authorized by Court Order 2013-1248 to renew and
extended the FY2013 agreement through FY2014, will expire on September 30, 2014; and
WHEREAS, the proposed Amendment No. 2, along with the attachment, will serve to
continue the Household Hazardous Waste Program through fiscal year 2015, while updating overall
program budget amounts and individual city budget limits for the new fiscal year; and
WHEREAS, proposed Amendment No. 2 contains no other changes in the basic terms and
conditions of the Agreement and incurs no cost to Dallas County;
NOW THEREFORE, by execution of this Amendment No. 2, the Agreement is amended
hereby with respect to the items and features described in the Articles below.
I.
PURPOSE
The purpose of this Amendment is to amend the effective term and fiscal year budget of the
Agreement without change to the basic terms and provisions. No other sections, provisions,
clauses or conditions of the Agreement are waived, deleted or changed hereby, and they shall
remain in full force and effect throughout the term of the Agreement and any duly authorized
amendments.
II.
AMENDED PROVISIONS
A. The new term of the Agreement shall be October 1, 2014, through September 30, 2015.
HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 2 of 3
B. The language contained in Paragraph 1, Section IV. City Responsibilities shall be deleted in its
entirety and replaced with the following language:
1. “A sum not to exceed $________________________________ for disposal, setup,
operational, capital and transportation costs for HHW collection for residents of the City
during the period from October 1, 2014 through September 30, 2015.
a. Collection, setup, and disposal costs will be paid after-the-fact, based on actual usage
by the City at events and at the collection center.
b. Operational and capital costs shall be paid quarterly in advance.
c. In the event of early withdrawal, the operational and capital costs will not be pro-rated for
partial quarter participation but will become immediately due and payable in full.”
C. The language contained in Exhibit C2014 of the Agreement entitled FY2014 HHW Program Budget Summary shall be deleted in its entirety and shall be replaced with the attached Exhibit
C2015 entitled FY2015 HHW Program Budget Summary.
IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives of
Dallas County and City of University Park, a member city of the Dallas Area Household
Hazardous Waste Network, do hereby agree and append this Amendment No. 2 to the Agreement.
EXECUTED THIS the day of , 2014.
DALLAS COUNTY: CITY OF UNIVERSITY PARK:
____________________________ ___________________________
BY: Clay Lewis Jenkins BY:
County Judge TITLE:
APPROVED AS TO FORM:*
Craig Watkins
District Attorney
Theresa Guerra Snelson
Chief, Civil Division
_____________________________
BY: Frank Waite
Assistant District Attorney
* By law, the Dallas County District Attorney’s Office may only advise or approve contracts or legal
documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our
approval of this document was offered solely for the benefit of our client. Other parties should not rely on this
approval, and should seek review and approval by their own respective attorney(s)
HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 3 of 3
Exhibit C2015
FY2015 HHW PROGRAM BUDGET SUMMARY
This exhibit summarizes the total program funding for FY2015 as approved by the Dallas Area
Household Hazardous Waste Network at its regular meeting on April 17, 2014, and replaces the language
contained in Amendment 1, Exhibit C2014 of the Household Hazardous Waste Program Interlocal
Agreement that was authorized by Court Order 2012-1223.
Fixed Costs include personnel expense, operating costs, and capital budget, which are shared by
the Network cities based on single-family household projections published by North Central Texas Council
of Governments.
• Personnel Expense includes all HHW staff salaries and fringe.
• Operating Expense includes supplies, equipment, advertising, public education, volunteer
support, staff development, printing, postage, facility maintenance, utilities, and all other direct
programming costs.
• Capital Expense includes building repairs, equipment repair or replacement, mechanical
upgrades, and expansion projects.
Variable costs include estimated direct costs for collection and disposal of hazardous household
wastes, which vary according to actual usage and are indicated in the budget summary for planning
purposes only. Funding for actual collection, contract labor, and disposal costs will be collected
from the cities after the fact, on an as-used basis.
• Collection/Mobilization/Disposal Budget includes estimated costs for staging of events,
recycling services, waste containers, waste transportation, and disposal.
• Contract Labor Expense is for part-time, seasonal labor provided by the disposal vendor.
Budget adjustments made to the Operational Budget during the term of the agreement shall not
result in a City Funding amount that exceeds the approved budget total shown herein. The County may
make line item transfers within the operating budget when these transfers do not exceed $5,000. Budget
adjustments in excess of $5,000 must be approved by the HHW Network.
BUDGET SECTION CITY FUNDING
FIXED COSTS (OPERATIONAL BUDGET)
Personnel Costs $ 403,093
Operating Costs $ 225,475
Capital Expense $ 20,000
Sub-Total $ 625,568
ESTIMATED VARIABLE COSTS
(COLLECTION / LABOR / DISPOSAL BUDGET)
$ 869,000
TOTAL PROGRAM BUDGET $1,517,568
RESOLUTION NO. _________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, APPROVINGAMENDMENT NO. 2TO THE CITY’S HOUSEHOLD
HAZARDOUS WASTE INTERLOCAL AGREEMENT WITH DALLAS COUNTY;
AUTHORIZING THE CITY MANAGER TO EXECUTE THEAGREEMENT;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City heretofore entered into an Interlocal Agreement with Dallas County and others regarding a Household Hazardous Waste Networkfor the collection and disposal of household hazardous waste; and,
WHEREAS,the City Council wishes to amend the Agreement to extend its term and
provide funding for the next fiscal year; Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION1.That Amendment No. 2to the “Household Hazardous Waste Interlocal Agreement”between Dallas County and the City of University Park, a true copy of which is attached hereto as Exhibit “A” and made part hereof for all purposes, is accepted and approved
in all respectsby the City Council to amend the effective term to end September 30, 2015and
to approve the fiscal year budget set out in the Agreement without change to its basic terms and
provisions. That the City Manager is authorized and directed to execute such Amendmenton behalfof the City of University Park and to take such other administrative steps as may be necessary to participate in the Network.
SECTION2.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 ____day of ____________2014.
APPROVED:
_______________________________
OLIN B. LANE,MAYOR
ATTEST:
________________________________________
CHRISTINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY (RLD/09-22-14; 61979)
EXHIBIT A
HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 1 of 3
STATE OF TEXAS §
§
COUNTY OF DALLAS §
AMENDMENT NO. 2 TO THE HOUSEHOLD HAZARDOUS WASTE INTERLOCAL
AGREEMENT (The “Agreement”) BETWEEN DALLAS COUNTY AND CITY OF
UNIVERSITY PARK (The “City”) A MEMBER CITY OF THE DALLAS AREA HOUSEHOLD
HAZARDOUS WASTE NETWORK
WHEREAS, on July 7, 2014 the Dallas County Commissioners Court was briefed on a request
from the cities of the Dallas Area Household Hazardous Waste Network to renew and revise
the effective term and specify new fiscal year budgets for the Household Hazardous Waste
Program Interlocal Agreement (“Agreement”) that permits four additional one-year renewals for
a five-year total contract term and was authorized by Court Order 2012-1223; and
WHEREAS, Amendment 1, which was authorized by Court Order 2013-1248 to renew and
extended the FY2013 agreement through FY2014, will expire on September 30, 2014; and
WHEREAS, the proposed Amendment No. 2, along with the attachment, will serve to continue
the Household Hazardous Waste Program through fiscal year 2015, while updating overall
program budget amounts and individual city budget limits for the new fiscal year; and
WHEREAS, proposed Amendment No. 2 contains no other changes in the basic terms and
conditions of the Agreement and incurs no cost to Dallas County;
NOW THEREFORE, by execution of this Amendment No. 2, the Agreement is amended
hereby withrespect to the items and features described in the Articles below.
I.
PURPOSE
The purpose of this Amendment is to amend the effective term and fiscal year budget of the
Agreement without change to the basic terms and provisions. No other sections, provisions,
clauses or conditions of the Agreement are waived, deleted or changed hereby, and they shall
remain in full force and effect throughout the term of the Agreement and any duly authorized
amendments.
II.
AMENDED PROVISIONS
A. The new term of theAgreement shall be October 1, 2014, through September 30, 2015.
HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 2 of 3
EXHIBIT A
B. The language contained in Paragraph 1, Section IV. City Responsibilities shall be deleted in
its entirety and replaced with the following language:
1. “A sum not to exceed $________________________________ for disposal, setup,
operational, capital and transportation costs for HHW collection for residents of the City during
the period from October 1, 2014 through September 30, 2015.
a. Collection, setup, and disposal costs will be paid after-the-fact, based on actual usage by
the City at events and at the collection center.
b. Operational and capital costs shall be paid quarterly in advance.
c. In the event of early withdrawal, the operational and capital costs will not be pro-rated for
partial quarter participation but will become immediately due and payable in full.”
C. The language contained in Exhibit C2014 of the Agreement entitled FY2014 HHW Program
Budget Summary shall be deleted in its entirety and shall be replaced with the attached Exhibit
C2015 entitled FY2015 HHW Program Budget Summary.
IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives of
Dallas County and City of UniversityPark, a member city of the Dallas Area Household
Hazardous Waste Network, do hereby agree and append this Amendment No. 2 to the
Agreement.
EXECUTED THIS the day of , 2014.
DALLAS COUNTY: CITY OF UNIVERSITY PARK:
____________________________ ___________________________
BY: Clay Lewis Jenkins
BY: County Judge TITLE:
APPROVED AS TO FORM:
Craig Watkins
District Attorney
Theresa Guerra Snelson
Chief, Civil Division
_____________________________
BY: Frank Waite
Assistant District Attorney
* Bylaw, the Dallas County District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf
of other parties. Our review of this document was conducted solely from the legal perspective of our
client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective
attorney(s)
HHW Interlocal Agreement for FY2015 Amendment No. 2 Page 3 of 3
EXHIBIT A
Exhibit C2015
FY2015 HHW PROGRAM BUDGET SUMMARY
This exhibit summarizes the total program funding for FY2015 as approved by the Dallas Area
Household Hazardous Waste Network at its regular meeting on April 17, 2014, and replaces
the language contained in Amendment 1, Exhibit C2014 of the Household Hazardous Waste
Program Interlocal Agreement that was authorized by Court Order 2012-1223.
Fixed Costs include personnel expense, operating costs,and capital budget, which are shared
by the Network cities based on single-family household projections published by North Central
Texas Council of Governments.
• Personnel Expense includes all HHW staff salaries and fringe.
• Operating Expense includessupplies, equipment, advertising, public education, volunteer
support, staff development, printing, postage, facility maintenance, utilities, and all other direct
programming costs.
• Capital Expense includes building repairs, equipment repair or replacement, mechanical
upgrades, and expansion projects.
Variable costs include estimated direct costs for collection and disposal of hazardous
household wastes, which vary according to actual usage and are indicated in the budget
summary for planning purposesonly. Funding for actual collection, contract labor, and
disposal costs will be collected from the cities after the fact, on an as-used basis.
• Collection/Mobilization/Disposal Budget includes estimated costs for staging of events,
recycling services, waste containers, waste transportation, and disposal.
• Contract Labor Expense is for part-time, seasonal labor provided by the disposal vendor.
Budget adjustments made to the
Operational Budget during the term of
the agreement shall not result in a City
Funding amount that exceeds the
approved budget total shown herein.
The County may make line item
transfers within the operating budget
when these transfers do not exceed
$5,000. Budget adjustments in excess
of $5,000 must be approved by the
HHW Network. BUDGET SECTION
CITY FUNDING
FIXED COSTS (OPERATIONAL BUDGET)
Personnel Costs $ 403,093
Operating Costs $ 225,475
Capital Expense $ 20,000
Sub-Total $ 625,568
ESTIMATED VARIABLE COSTS
(COLLECTION / LABOR / DISPOSAL
BUDGET)
$ 869,000
TOTAL PROGRAM BUDGET $1,517,568
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Greg Spradlin, Chief of Police
SUBJECT:Approval of a request from Southern Methodist University(SMU) to
useBushAvenue from Mockingbird Lane to SMU Boulevard as a
staging area for theirHomecoming ParadeFloats
BACKGROUND:
The University Park Police Department received a Public Assembly application
from Mindy Rowland-Hess of Southern Methodist University (SMU) requesting
Bush Avenuebe utilized as a staging areafor their Homecoming Parade Floats
on Saturday, November 15, 2014.
The aforementioned floats and dignitary cars must forma single line on the
eastern curb of Bush Avenue facing north. The 3000 block of Binkley Avenue
(on the SMU Campus) will be utilized if additional space is necessary.
Two (2) Off-Duty Officers are required to work during this event to assist with
traffic. One will be stationed at the intersection of SMU Boulevard and Bush
Avenue and the other one will be located at Dyer Street and Airline Road.
Historically the parade is held three (3) hours prior to the start of the football
game. This year the game is being televised and the network can not provide
the school with that specific information until 10 to 14 days before the game.
RECOMMENDATION:
Staff recommends approval of this request providedthe requirements outlined by
the University Park Department of Public Works and the University Park Police
Department isfollowed.
2014 SMU HOMECOMING PARADE
ROUTE
2014 HOMECOMING PARADE ROUTE
•Start –Corner of SMU Boulevard and Bush Avenue
o Proceed west on SMU Boulevard to Airline
o Turn south onto Airline and proceed to Binkley
o Turn west onto Binkley and proceed to OwnbyDrive
o Turn south at Ownbyand proceed through parking lot behind Barr Pool
o Proceed through parking lot to LoydAll-Sports Center and turn west
o Proceed through parking lot to Bishop Boulevard
o Turn north onto Bishop and around to west side of Bishop
o Proceed south on Bishop to Schlegel, east onto Schlegel to Ownby
o Turn south at Ownbyto Mockingbird
•End –Corner of Ownbyand Mockingbird Lane
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT:Annual Sidewalk Replacement Program
BACKGROUND:
Code Enforcement staff address complaints regarding defective sidewalk throughout the
City. A list is compiled of the locations and the City Engineer develops contract
documents and notices for solicitation of bids. Bids were received on October 2nd, with
four contractors submitting proposals for work. A tabulation of bids is attached for your
review. The contractor submitting the low bid of $78,182 was Cam-Crete. Staff
reviewed his references and work experience and recommends approval. Funds are
available for the work in the Infrastructure Maintenance budget.
RECOMMENDATION:
Staff recommends City Council approval of the bid submitted by Cam-Crete in the
amount of $78,182, and authorization for the City Manager to enter into a contract.
Item Unit Total Unit Total Unit Total Unit Total
No.QuantityUnitDescription Amount Amount Amount Amount Amount Amount Amount Amount
SECTION 1 - Pay Items for Defective Sidewalk
DSW1 1323SY
RemoveExisting4"+/-Reinforced
Concrete Sidewalk $10.00$13,230.00 $15.00 $19,845.00 $15.00 $19,845.00 $40.00 $52,920.00
DSW2 68SY
RemoveExisting6"+/-Reinforced
Concrete Sidewalk Through
Driveway $10.00 $680.00 $20.00 $1,360.00 $35.00 $2,380.00 $54.00 $3,672.00
DSW3 1323SY
4"ReinforcedConcreteSidewalk
Class"C",6Sack,3600PSI@28
Days $44.00$58,212.00 $55.00 $72,765.00 $60.00 $79,380.00 $94.00 $124,362.00
DSW4 68SY
6"ReinforcedConcreteSidewalk
ThroughDrivewayClass"C",6
Sack, 3600 PSI@28 Days $45.00 $3,060.00 $62.13 $4,224.84 $30.00 $2,040.00 $108.00 $7,344.00
DSW5 3EA
Barrier-Free Ramps (ADA
Compliant)(Bricktobesupplied
by City of University Park)$1,000.00 $3,000.00 $1,600.00 $4,800.00 $1,300.00 $3,900.00 $2,500.00 $7,500.00
SECTION 1 -DEFECTIVE
SIDEWALK TOTAL BASE BID $78,182.00 $102,994.84 $107,545.00 $195,798.00
Cam-Crete Muniz Construction Ken-Do Contracting Ken-Do Contracting
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Thomas W. Tvardzik, Director of Finance
SUBJECT:Resolution renewing the City’s Investment Policy
BACKGROUND:
TheTexasPublicFundsInvestmentAct(the “PFIA”,also Chapter2256 ofthe Texas
GovernmentCode)requiresthat a city’sgoverningbody“review its investmentpolicy
andinvestmentstrategiesnot lessthanannually”and that thepolicybeadopted byrule,
order,ordinance,orresolution.TheCityCouncillast approvedUniversityPark’s
InvestmentPolicyvia resolution on July2, 2013.
ThisyearCitystaffproposedno changesto theinvestmentpolicy,andthereareno
amendmentsto thePFIAthat would impacttheCity'spolicy.The FinanceAdvisory
Committeereviews theproposed policyeachyearbefore makingarecommendationto
theCouncil.
TheCommitteemet on June12, 2014to considerthe proposedinvestmentpolicy.The
Committeerecommendedapprovalof the policy. Belowis asummaryof theinvestment
policy’skeypoints:
Identificationofthepolicy’sfourobjectives:safety,liquidity,yield,andprudence.
Safetyis alwaysthe highestpriorityobjective.(Section2.)
Descriptionof eligibleinvestments:U.S. Treasuryandagencyobligations; State
ofTexasandrelatedobligations; certainmunicipalbonds; repurchase
agreements;CD’s;moneymarketmutual funds; andlocalgovernment
investmentpools.(Section4.1.)
Approvalof investment vendors:theCitymayonlydo businesswithbroker-
dealers,banks,andotherswho havebeenreviewed andapprovedannuallyby
theFinanceAdvisoryCommittee.(Section 4.2.1.1.)
Diversificationofportfolio:Investmentholdings must remain within certain
maximum percentagesofthe total portfolio.(Section4.2.1.3.)
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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Designationofinvestment officers:Onlyauthorized individuals mayconduct
investmenttransactionsforthe City:DirectorofFinance Thomas Tvardzik;
ControllerCivic Yip;andCityManager Robbie Corder.
RECOMMENDATION:
CitystaffandtheFinanceAdvisory Committeerecommendapproval oftheproposed
Cityinvestment policy.
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. 13-008; 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 October 21, 2014.
SECTION 2.That the following individuals are hereby designated as Investment
Officers for the City of University Park: Thomas Tvardzik, Director of Finance; Robbie Corder,
City Manager; andCivic Yip, Controller.
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 21stday of October, 2014.
APPROVED:
__________________________________
OLIN B. LANE, MAYOR
APPROVED AS TO FORM:ATTEST:
_____________________________________________________________________
CITY ATTORNEY CHRISTINE GREEN,
CITY SECRETARY
EXHIBIT “A”
City of University Park, Texas
Investment Policy
Effective October 21,2014
City of University Park, Texas -Investment Policy
i
CONTENTS
Preface...............................................................................................................................1
1.PURPOSE
1.Authorization........................................................................................................1
2.Goal.......................................................................................................................1
3.Scope.....................................................................................................................1
4.Review and Amendment.......................................................................................2
2.INVESTMENT OBJECTIVES
1.Preservation and Safety of Principal.....................................................................2
1. Credit Risk.......................................................................................................22. Interest Rate Risk.............................................................................................2
2.Maintenance ofAdequate 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.............................................................................................44.Capital Projects Funds..........................................................................................5
4.SPECIFIC INVESTMENT POLICIES
1.Eligible Investments..............................................................................................51.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....................................................................56.Certificates of Depositand 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
2.Collateralization.....................................................................................8
City of University Park, Texas -Investment Policy
ii
3.Portfolio Diversification........................................................................8
4.Limiting Maturity...................................................................................9
2.Safekeeping .........................................................................................10
3.Effect of Loss of Required Rating...............................................................10
3.Ensuring Liquidity..............................................................................................10
4.AchievingInvestment Return Objectives...........................................................10
1.Securities Swaps..........................................................................................10
2.Competitive Bidding...................................................................................113.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......................................................123.Establishment of Internal Controls..............................................................12
4.Standard of Ethics.......................................................................................12
5.Training and Education...............................................................................13
6.Investment Committee................................................................................13
6.Reporting.............................................................................................................137.Compliance Auditand Accounting Method.......................................................14
8.Certification........................................................................................................14
5.ADOPTING CLAUSE.................................................................................................15
ATTACHMENTS
1.Investment Vendor Acknowledgement
2.Broker-Dealer and Bank Questionnaires
City of University Park, Texas -Investment Policy
1
PREFACE
The purpose of this document is to establish specific investment policy and strategy
guidelines for the City of University Park, Texas (“City”) to achieve the goals of safety,
liquidity,and yield for all investment activity. The City shall review its investment
strategies and policy not less than annually. This policy serves to satisfy the statutory requirement, specifically the Public Funds Investment Act, Chapter 2256 of the Texas Government Code (the “Act”), to define, adopt and review a formal investment strategy
and policy. All available funds shall be invested in conformance with these legal and
administrative guidelines.
Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will be pursued to take advantage of
investment interest as viable and material revenue to all operating and capital funds. The
City’s portfolio shall be designed and managed in a manner responsive to the public trust
and consistent with state and federal law.
Investments shall be made with the primary considerations of:
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.ScopeThis Investment Policy of the City of University Parkshall include all investment
activities of any fund of the City. The Firefighters’Relief and Retirement Fundis not a
City fund and is covered by a separate policy. In addition to this Policy, bond funds,
including debt service and reserve funds, shallbe managed by their governing resolution
City of University Park, Texas -Investment Policy
2
and federal law, including the Tax Reform Act of 1986 and subsequent legislation. City
funds will be pooled for investment purposes.
1-4.Review and AmendmentThis 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 OBJECTIVESThe 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 PrincipalThe 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 dueto 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.
City of University Park, Texas -Investment Policy
3
2-1-2 Interest Rate RiskThe 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 poolsand 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 sothat 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 maybe 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 oftheir 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 Officeror
Advisor had responsibility,rather than a consideration as to the prudence of a single investment, and whether the investment decision was consistent with the written
Investment Policy of the City.
City of University Park, Texas -Investment Policy
4
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 FundsThe 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 FundsThe 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.
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.
City of University Park, Texas -Investment Policy
5
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 InvestmentsInvestments 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 UnitedStates 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 AAor 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;
6. a. certificates of deposit issued by a depository institutionwith a main office or
branchin Texas that are:
1.guaranteed or insured by the Federal Deposit Insurance Corporation, or its
successor; or,
City of University Park, Texas -Investment Policy
6
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 ora depository institution (“bank”) that has its main office or a branch office in this state and that is selected by the City;
2.thebroker orbank 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 inTexas that are:
1.guaranteedor 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 lessand 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.
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
City of University Park, Texas -Investment Policy
7
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 GovernmentInvestment 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;and3)
TexasTERMand 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 toliquidate investments
that were authorized investments at the time of purchase.
4-2.Ensuring Safety of PrincipalEnsuring safety is accomplished through protection of principal and safekeeping.
4-2-1 Protection of PrincipalThe City shall seek to control the risk of loss due to the failure of a security issuer
or guarantorby 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 DVPthrough 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 assurethe 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 DepositoriesInvestments shall only be made with those firms and institutions who have
acknowledged receipt and understanding of the City’s Investment Policy. The
“qualified representative” of the business as defined in Chapter 2256 of the
Texas Government Code shall execute a written certification to acknowledge receipt of the City’s Investment Policy and to acknowledge that the organization has implemented reasonable procedures and controls to preclude
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
City of University Park, Texas -Investment Policy
8
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 publicentities 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 CollateralizationConsistent 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 GuidelinesRisk of principal loss in the portfolio as a whole shall be minimized by
diversifyinginvestment types according to the following limitations. As
discussed below, these limitations do not apply to bond proceeds.
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%
City of University Park, Texas -Investment Policy
9
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 ofa 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 maintaininga minimum of ten percent of the
portfolio maturing within thirty days, and twenty-five percent under one year.
Under 30 days 10% minimumUnder 1 year 25% minimumUnder 3years 85% minimum
Five years maximum single investment
Reserve funds and other funds with longer-term investment horizons may be invested in securities exceeding three years if maturities of such investments are made to coincide as nearly as practical with the expected use of fund. The
intent to invest in securities with longer maturities shall be disclosed in
writing to the City Council
4-2-2 SafekeepingThe 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
City of University Park, Texas -Investment Policy
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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 RatingIf 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 InvestmentReturn ObjectivesInvestment selection for all funds shall be based on legality, appropriateness, liquidity,
and risk/return considerations. Although the City will adopt a “buy and hold” approach,
at times the portfolios may be actively managed to enhance overall interest income. Active management will take place within the context of the “Prudent Person Rule.” (see Section 2.4).
4-4-1 Securities Swaps
The City may take advantage of security swap opportunities to improve portfolio yield. A swap which improves portfolio yield may be selected even if the
transaction results in an accounting loss.
4-4-2 Competitive Bidding
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
City of University Park, Texas -Investment Policy
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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 PriceThe methods/sources to be used to monitor the price of investments that have been
acquired with public funds shall be from sources deemed reliable by the Investment
Officer, including primary or regional broker/dealers, established financial
institutions providing portfolio management/accounting services, third-party safekeeping reports, financial publications such as the Wall Street Journal, market
information vendors such as Bloomberg or Telerate,and market pricing services.
4-4-4 Benchmark Rate of Return
As a general guideline, the City’s cash management portfolio shall be designed with the objective of regularly meeting the average return on three-month U.S. Treasury Bills, or the average rate of 90-day Certificates of Deposit. These indices are
considered benchmarks for risk-free investment transactions and therefore comprise
a standard for the portfolio’s rate of return. Additional benchmarks may be
developed and recommended by the Investment Committee and used as a comparative performance measures for the portfolio. Additional benchmarks that may be considered for targeting by the Investment Committee include the Constant
Maturity Treasury Bill with the maturity that most closely matches the weighted
average maturity of the portfolio or a more customized index made up of blended
Merrill Lynch Treasury/Agency indices. The investment program shall seek to augment rates of return above this threshold, consistent with legal restrictions and prudent investment principles. In a diversified portfolio, measured losses are
inevitable and must be considered within the context of the overall portfolio.
4-5. Responsibility and Control
4-5-1 Authority to Invest
Authority to manage the City investment program is derived from a resolution of
the City. Those authorized by said resolution are designated as Investment Officers 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.
City of University Park, Texas -Investment Policy
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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 ControlsThe 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 couldimpair the ability to make impartial investment decisions.
City staff shall disclose to the City any material interests in firms or businesses that
conduct investment matterswith the City, and they shall further disclose positions
that could be related to the performance of the City portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to the timing of purchases and sales.
An investment officer of the City who has a personal business relationship with an
organization seeking to sell an investment to the City shall file a statement
disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A
statement required under this subsection must be filed with the Texas Ethics
Commission and the governing body of the City.
4-5-5 Training and EducationIn 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
City of University Park, Texas -Investment Policy
13
relating to the officer’s responsibility under the Act within 12 months after
assuming investment duties.
4-5-6 Investment CommitteeAn 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 targetrate of return on the investment
portfolio.
4-6. ReportingInvestment 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. Thereport shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and
transactions made over the last quarter. This management summary will be prepared in a
manner which will allow the City to ascertain whether investment activities during the
reporting period have conformed to the Investment Policy. The management summary
shall: 1) summarize current market conditions, economic developments and anticipated investment conditions; 2) summarize investment strategies employed in the most recent
quarter; 3)describe the portfolio in terms of investment securities, maturities, risk
characteristics, and average return for the quarter; 4) outline conformance to the
restrictions of the Policy in the area of diversification and term of maturity; 5) compare
the performance of City’s portfolio to appropriate benchmarks as determined by the Investment Committee.
Additionally, the quarterly financial report will include the following detailed
information:
1.A listing of individual securities held at the end of the reporting period.
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.
City of University Park, Texas -Investment Policy
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6.The percentage of the total portfoliowhich 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 Auditand Accounting MethodIn 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 bodiesincluding 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 institutionwishing 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 negotiationand 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.
SECTION 5: ADOPTING CLAUSE
This Investment Policy for the City of University Park, Texas is hereby adopted as of the
21stday of October, 2014.
Mayor
Director of Finance
ATTEST:
City of University Park, Texas -Investment Policy
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City Secretary
City of University Park, Texas -Investment Policy
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ATTACHMENT 1
ACKNOWLEDGEMENTS
City of University Park, Texas -Investment Policy
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TEXAS PUBLIC FUNDS INVESTMENT ACT
ACKNOWLEDGMENTS
These Acknowledgments are executed on behalf of the City of University Park, Texas
(“Investor”) and _______________________(“Business Organization”) pursuant to the
Public Funds Investment Act, Chapter 2256, Government Code, Texas Codes
Annotated (the “Act”), in connection with investment transactions conducted between the
Investor and the Business Organization.
Acknowledgment by Investor
The undersigned investment officer of the Investor (“Investment Officer”) hereby
acknowledges, represents and agrees on behalf of the Investor that:
(i)The Investment Officer (a) has been duly designated by official action of the
governing body of the Investor to act as its Investment Officer pursuant to the
Act, (b) is vested with full power and authority under the Act and other applicable
law to engage in investment activities on behalf of theInvestor, 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 rescissionof, 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 ofinvestments 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
Thomas W. Tvardzik
Director of Finance
City of University Park, Texas
Signature:
Date:
City of University Park, Texas -Investment Policy
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Acknowledgment by Business Organization
I am a registered principal or authorized representative of _________________
(the “Firm”). The Firm is a registered dealer under the Securities Exchange Act
of 1934 (the “Act”), and a member of the Financial Industry Regulatory Authority
(“FINRA”).
I have received a copy of the City of University Park (the “City”) investment policy
dated ___. I have provided each current licensed member of the sales
personnel who perform investment services for the City with a copy of your
investment Policy and haveinstructed 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
City of University Park, Texas -Investment Policy
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ATTACHMENT 2:
BROKER-DEALER AND BANK
QUESTIONNAIRES
City of University Park, Texas -Investment Policy
1
City of University Park, Texas
BROKER/DEALER QUESTIONNAIRE
1.Name of Firm
2.Address
(Local)(National Offices)
3.Telephone ( )
4.Primary Representatives/Manager/Partner In-charge:
Name Name
Title Title
Telephone Telephone
5.Are you a primary dealer in U.S. Government securities? [ ] Yes [ ] No
6.If so, for how long has your firm been a primary dealer? years
7.What was your firm's total volume in U.S. Government securities trading last year?
Firmwide $Number of transactions
Your local office $Number of transactions
8.Which instruments are offered regularly by your local desk?
[ ] T-bills [ ] Agencies (specify) [ ] Instrumentalities [ ] Bank CDs [ ] S&L CDs
[ ] Treasury notes/bonds [ ] BAs (domestic) [ ] BAs (foreign) [ ] Commercial paper
[ ] Other (specify)
9.Identify all personnel who will be trading with or quoting securities to our government's
employees.
Name:Telephone Number:
(Attach Resumes Of All The Above Persons)
10.Which of the above personnel have read our government investment policies?
11.Please identify our most directly comparable public sector clients in our geographical
area.
Entity:Contact Person:Telephone No.: Client Since:
12. Have any of your clients ever sustained a loss on a securities transaction arising from a
misunderstanding or misrepresentation of the risk characteristics of the instrument? If so,
explain.
13.Have any of your public sector clients ever reported to your firm, its officers or
employees, orally or in writing, that they sustained a loss (in a single year) exceeding 10
percent of original purchase price on any individual security purchased through your firm?
(Explain.)
14.Has your firm ever been subject to a regulatory or state/federal agency investigation for
alleged improper, fraudulent, disreputable or unfair activities related to the sale of
securities? Have any of your employees ever been so investigated? (Explain.)
City of University Park, Texas -Investment Policy
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15.Has a public sector client ever claimed, in writing, that your firm was responsible for
investment losses? (Explain.)
16.Please include samples of research reports that your firm regularly provides to public
sector clients.
17.Please explain your normal custody and delivery process. Who audits these fiduciary
systems?
18.Please provide certified financial statements and other indicators regarding your firm's
capitalization.
19.Describe the Capital line and trading limits that support/limit the office that would conduct
business with our government.
20.What training would you provide to our employees and investment officers?
21.Has your firm consistently complied with the Federal Reserve Bank's capital adequacy
guidelines? As of this date, does your firm comply with the guidelines? Has your capital
position ever fallen short? By what factor (1.5, 2x, etc.) does your firm presently exceed
the capital adequacy guideline's measure of risk? Include certified documentation of your
capital adequacy as measured by the Federal Reserve standards.
22.Do you participate in the S.I.P.C. insurance program? If not, explain why.
23.What portfolio information do you require from your clients?
24.What reports, transactions, confirmations and paper trail will we receive?
25.Enclose a complete schedule of fees and charges for various transactions.
26.How many and what percentage of your transactions failed last month? Last year?
27.Describe the precautions taken by your firm to protect the interest of the public when
dealing with governmental agencies as investors.
28.With whom are you doing business in the Dallasarea?
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 part9 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.
City of University Park, Texas -Investment Policy
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City of University Park, Texas
BANK QUESTIONNAIRE
1.Name of Bank
2.Address
(Local)(National Offices)
3.Telephone
4.Primary Representatives/Managers:
Name Name
Title Title
Telephone Telephone
5.Are you a primary dealer in U.S. Government securities? [ ] Yes [ ] No
6.If so, for how long has your firm been a primary dealer? Years
7.Please attach a list of comparable public sector clients in north Texas; include entity
name, contact name, contact telephone number and email, and number of years as a
client.
8.General banking information –please attach on separate sheet:
Financial statements for the past two fiscal years, with an unqualified opinion
from a certified public accountant
Call reports for the last four quarters or credit rating information for senior and
subordinate debt from a recognized credit rating agency
Rating information from recognized bank rating agencies
Proof of current standing as an eligible public depository
Capital ratios: tangible capital, core capital, and risk capital
Evidence of growth in current assets and current liabilities being parallel
Total liability to equity ratio (must be less than 20:1)
Equity as a percentage of assets (must be at least 5%)
9.Please attach a list of the names of the current and most immediate past Board of
Directors.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Thomas W. Tvardzik, Director of Finance
SUBJECT:Ordinance amending the fiscal 2013-2014 budgetto provide for a transfer
of funds from the General Fund to the Capital Projects Fundand from the
Utility Fund to the Storm Water Utility Fund.
BACKGROUND:
General Fund to Capital Projects
OnNovember 5, 2013, the City Council considered and acted ona request from SMUto
abandon certain street and alley rights-of-way between Airline and Dublin. The
compensation to the City for that abandonment totaled $3,895,000. The funds were
received anddeposited on December 3, 2013. They were recorded as “other income”
within the General Fundduring FY2014.
On July 1, 2014, City Council amendedthe FY2014 budget toauthorizea transfer of
$2,000,000 from the General Fund to the Capital Projects Fund. Thetransfer provided
additional working capital to the Capital Projects Fund, and a potential source of funding
for future infrastructure-related projects.
Additional capital projects have been identified since the prior transfer. In order to fund
those projects, staff is requesting the transfer of the remaining $1,895,000 in the General
Fund.
Utility Fund to Storm Water Utility Fund
The storm water utility fee was authorized by City Council in December of 2003, and first
appeared on residential utility billsthe following month. The fee was designedto offset
the cost of compliance with various state and federal storm water mitigation programs.
As part of the FY2014 budget, a Storm Water Utility Fund (Fund 05) was presented
separatelyfor the first time. Prior to FY2014, storm water utility fee revenues and
program expenditures were included in the Utility Fund along with water and sewer
activities.
In order to provide sufficient working capital to the Storm Water Utility Fund, staff
requests a transfer of $450,000 be made from the Utility Fund. This amount
approximates the FY2015 budgeted revenue included in the Storm Water Utility Fund,
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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and may be funded from FY2014 Utility Fund net operating income, which currently
stands in excess of $880,000.
RECOMMENDATION:
City staff recommends the approval of the attachedordinanceauthorizing the requested
transfers.
ATTACHMENTS:
Budget amendment ordinance
ORDINANCENO.________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,
AMENDING THE2013-2014FISCALYEARBUDGET,ORDINANCENO.13/028,TO
TRANSFER FUNDSFROMTHEFISCALYEAR2014GENERALFUNDINTO THE
CAPITALPROJECTS FUNDAND FROM THE FISCAL YEAR 2014 UTILITY FUND
INTO THE STORM WATER UTILITY FUND;AUTHORIZING THE CITY MANAGER
TO EFFECT SUCH TRANSFER; ANDPROVIDINGANEFFECTIVEDATE.
WHEREAS,theCityCounciloftheCityofUniversityParkhasdeterminedthatitisin
the publicinteresttoamendOrdinanceNo.13/028totransferfundsfromthefiscalyear2014
generalfundintothecapitalprojectsfundand from the fiscal year 2014 utility fund into the storm
water utility fund;Now,Therefore,
BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK,TEXAS:
SECTION 1.ThatOrdinanceNo.13/028,the2013-2014fiscalyearbudgetordinanceof
the CityofUniversityPark,Texas,be,andthesameishereby,amendedtotransferageneralfund
appropriation in the amount of $1,895,000tothecapitalprojectsfund,tobeusedforfuture
capital projects as deemed necessary. ThatOrdinanceNo.13/028be,andthesameishereby,
furtheramendedsoastogiveeffecttosuch appropriationsandtheCityManagerisdirectedto
transfersuchfundsfromthegeneralfundtothecapitalprojectsfund.
SECTION 2.ThatOrdinanceNo.13/028,the2013-2014fiscalyearbudgetordinanceof
the CityofUniversityPark,Texas,be,andthesameishereby,amendedtotransferautilityfund
appropriation in the amount of $1,895,000tothestorm water utility fund,tobeusedfor
future expenditures projects as deemed necessary. ThatOrdinanceNo.13/028 be,andthesameis
hereby,furtheramendedsoastogiveeffecttosuch appropriationsandtheCityManageris
directedtotransfersuchfundsfromthegeneralfundtothecapitalprojectsfund.
SECTION3.Thisordinanceshalltakeeffectimmediatelyfromandafteritspassage,as
the lawandCharterinsuchcasesprovide.
DULYPASSED bytheCityCounciloftheCityofUniversityPark,Texas,onthe21st
dayof October,2014.
APPROVED:
OLIN B. LANE, MAYOR
APPROVED AS TO FORM:ATTEST:
CITY ATTORNEY CHRISTINE GREEN,CITY SECRETARY
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Thomas W. Tvardzik, Director of Finance
SUBJECT:Ordinance amending FY2015 budget to carry forward FY2014
encumbrances
BACKGROUND:
Each year City staff prepares and proposes a budget amendment to bring forward the
funds encumbered at the end of the previous fiscal year. Approval of these FY2014
encumbrances (open purchase orders) makes the funds available for expenditure in the
current fiscal year, FY2015.
Impact on the FY2015 budget
The specific amounts per account, department and vendor are displayed in Exhibit “A” of
the attached ordinance. The overall impact is shown in the table below:
Fund Adopted Budget Encumbrances Amended Budget
General $29,126,524 $563,047 $29,689,571
Utility $14,718,462 $14,718,462
Sanitation $2,964,150 $29,796 $2,993,946
Storm Water $453,073 $126,978 $580,051
$47,262,209 $719,821 $47,982,030
Impact on FY2014 financial position
The proposed budget amendment would increase authorized expenditures, which may
in turn reduce working capitalwhen the expenditures occur. If all encumbrances were
converted into expenditures, the impact on working capital could be as follows:
Fund 9/30/14 Balance*Encumbrances Adjusted Balance
General $5,778,867 ($563,047)$5,215,820
Sanitation $1,663,748 ($29,796)$1,633,952
Storm Water $450,000 ($126,978)$323,022
$7,892,615 ($719,821)$7,172,794
* -Balances for both the General Fund and the Storm Water Fund have been adjusted
to reflect the results of transfer activity pending before the Council in a separate agenda
item. In the case of the General Fund, the balance reflects a decrease (transferout) of
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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$1,895,000, while for the Storm Water Fund the balance reflects an increase (transfer in)
of $450,000.
The resulting working capital balances are above the minimum levels established by the
City’s financial management policies. The following page displays the FY2015adopted
budget and the change to each department made by the proposed amendment.
RECOMMENDATION:
The encumbrance carryforward is presented to the Council each year as a routine item.
City staff recommends approval of the attached ordinance.
CITY OF UNIVERSITY PARK, TEXAS
FY2015 BUDGET AMENDMENT NO. 1 BY FUND AND DEPARTMENT
Fund / Org Unit / Department
FY2015 Adopted
Budget
Encumbrances
from FY2014
FY2015
Amended
Budget
GENERAL FUND
Revenues
01-11 REVENUES 29,127,024$ -$ 29,127,024$
Total Revenues 29,127,024$ -$ 29,127,024$
Expenditures
01-02 EXECUTIVE 982,878$ 33,800$ 1,016,678$
01-03 FINANCE 1,095,780 5,883 1,101,663
01-04 HUMAN RESOURCES 366,783 - 366,783
01-05 INFORMATION SERVICES 1,001,452 134,889 1,136,341
01-06 LIBRARY 719,684 17,419 737,103
01-10 COURT 375,499 - 375,499
01-19 COMMUNITY DEVELOPMENT 1,200,734 - 1,200,734
01-20 ENGINEERING 775,179 17,586 792,765
01-25 TRAFFIC 943,232 36,177 979,409
01-35 FACILITY MAINTENANCE 625,552 80,963 706,515
01-40 FIRE 5,454,191 78,423 5,532,614
01-50 POLICE 7,176,920 16,241 7,193,161
01-70 PARKS 2,916,371 19,875 2,936,246
01-75 SWIMMING POOL 364,262 8,060 372,322
01-80 STREETS 2,004,855 113,731 2,118,586
01-85 TRANSFERS 3,123,152 - 3,123,152
Total Expenditures 29,126,524$ 563,047$ 29,689,571$
General Fund Surplus/(Deficit)500$ (563,047)$ (562,547)$
UTILITY FUND
Revenues
02-11 REVENUES 14,893,045$ -$ 14,893,045$
Total Revenues 14,893,045$ -$ 14,893,045$
Expenditures
02-21 UTILITY OFFICE 8,620,778$ -$ 8,620,778$
02-22 UTILITIES 3,723,342 - 3,723,342
02-85 TRANSFERS 2,374,342 - 2,374,342
Total Expenditures 14,718,462$ -$ 14,718,462$
Utility Fund Surplus/(Deficit)174,583$ -$ 174,583$
STORMWATER
Revenues
05-11 REVENUES 438,400$ -$ 438,400$
Total Revenues 438,400$ -$ 438,400$
Expenditures
05-23 STORM WATER UTILITY 453,073$ 126,978$ 580,051$
Total Expenditures 453,073$ 126,978$ 580,051$
Storm Water Fund Surplus/(Deficit)(14,673)$ (126,978)$ (141,651)$
SANITATION FUND
Revenues
04-11 REVENUES 2,876,160$ -$ 2,876,160$
Total Revenues 2,876,160$ -$ 2,876,160$
Expenditures
04-60 SANITATION 2,964,150$ 29,796$ 2,993,946$
Total Expenditures 2,964,150$ 29,796$ 2,993,946$
Sanitation Fund Surplus/(Deficit)(87,990)$ (29,796)$ (117,786)$
TOTAL REVENUES 47,334,629$ -$ 47,334,629$
TOTAL EXPENDITURES 47,262,209$ 719,821$ 47,982,030$
TOTAL SURPLUS/(DEFICIT)72,420$ (719,821)$ (647,401)$
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ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE 2014-2015FISCAL YEAR BUDGET, ORDINANCE NO. 14-022, TO
CARRY FORWARD ENCUMBRANCES FROM THE 2013-2014FISCAL YEAR
BUDGET, INCLUDING TOTAL GENERAL FUND ENCUMBRANCES OF $553,047,
SANITATION FUND ENCUMBRANCES OF $29,796, AND STORM WATER FUND
ENCUMBRANCES OF $126,978; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of University Park has determined that it is in
the public interest to amend Ordinance No. 14-022to carry forward encumbrances of funds
from the 2013-2014fiscal year budgetand transfer funds from fund balancesof the General
Fund, Sanitation Fundand Storm Water Fundinto specific accounts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF UNIVERSITY PARK, TEXAS:
SECTION 1.That Ordinance No. 14-022, the 2014-2015fiscal year budget ordinance
of the City of University Park, Texas, be, and the same is hereby, amended to carry forward to
the 2014-2015fiscal year encumbrances authorized in the 2013-2014budget, but not expended
during such fiscal year. That a complete listing of such encumbrances, as they existed as of the
beginning of the current fiscal year, is attached hereto as Exhibit “A” and made a part hereof for
all purposes. That all of such encumbrances, totaling $563,047of general fund encumbrances,
$29,796of sanitation fund encumbrancesand $126,978 of storm water fund encumbrances, be,
and the same are hereby, approved and carried forward into and made a part of the 2014-2015
fiscal year budget of the City.
SECTION 2.This ordinance shall take effect immediately from and after its passage,
as the law and Charter in such cases provide.
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DULY PASSED by the City Council of the City of University Park, Texas, on the 21st
day of October, 2014.
APPROVED:
____________________________________
OLIN LANE, MAYOR
ATTEST:
____________________________________
CHRISTINE GREEN, CITYSECRETARY
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY
ACCOUNT ENCUMBRANCE
NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION P.O.
GENERAL FUND
EXECUTIVE
01-02-3060 PROFESSIONAL SERVICES 33,800 BALLARD*KING & ASSOCIATES, LTD POOL FEASIBILITY STUDY 2014-193
TOTAL EXECUTIVE 33,800
FINANCE
01-03-7202 MICRO COMPUTER SOFTWARE 3,383 MCCI, LLC ZONE OCR LICENSE / BASIC LSAP (MAINT.) FOR ZONE OCR 2014-223
01-03-7221 OTHER EXPENSE 2,500 STANLEY STEEMER CLEAN CHAIRS IN FINANCE AREA 2014-226
TOTAL FINANCE 5,883
INFORMATION SERVICES
01-05-3060 PROFESSIONAL SERVICES 14,000 INTERGRATED INNOVATIONS, INC.CUSTOM PROGRAMMING AND REPORTING SERVICES 2014-194
01-05-3060 PROFESSIONAL SERVICES 5,000 NEW WORLD SYSTEMS NEW WORLD DOT NET TRAINING 2014-195
01-05-3060 PROFESSIONAL SERVICES 5,000 SUNGARD PUBLIC SECTOR OSSI SYSTEM TRAINING 2014-196
01-05-7170 TRAVEL EXPENSE 4,500 TYLER TECHNOLOGIES ENERGOV ADMINISTRATOR TRAINING 2014-197
01-05-7202 MICRO COMPUTER SOFTWARE 20,000 NEW WORLD SYSTEMS ADD'L HR MODULE FOR APPLICANT TRACKING 2014-201
01-05-7202 MICRO COMPUTER SOFTWARE 25,000 ESRI ENTERPRISE LICENSE AGREEMENT, YEAR 3 OF 3 2014-202
01-05-9201 MICRO COMPUTER EQUIPMENT 20,000 CDW-G BACKUP SYSTEM STORAGE PLACEMENT 2014-199
01-05-9201 MICRO COMPUTER EQUIPMENT 20,000 MEDIA MANAGEMENT REPLACEMENT OF COUNCIL PRODUCTION EQ 2014-200
01-05-9201 MICRO COMPUTER EQUIPMENT 21,389 DELL COMPUTER CORPORATION DELL POWEREDGE R820 FILE SERVER REPLACEMENT / POWERVAULT 2014-203
TOTAL INFORMATION SERVICES 134,889
LIBRARY
01-06-2350 SUPPLIES & MATERIALS 1,500 JANWAY CONPANY USA, INC.PROMOTIONAL MATERIALS, TABLE DRAPE, BANNER 2014-224
01-06-2355 LIBRARY MATERIALS 11,000 INGRAM LIBRARY SERVICES INC BOOKS, DVD'S, AUDIOBOOKS 2014-218
01-06-3060 PROFESSIONAL SERVICES 2,300 HARRINGTON, KATHERYN KATHERYN HARRINGTON, MEETING ROOM FACILITATOR 2014-221
01-06-9100 OFFICE EQUIPMENT 2,619 MEDIA MANAGEMENT REPLACE CONFERENCE ROOM SCREENS 2014-198
TOTAL LIBRARY 17,419
ENGINEERING
01-20-3060 PROFESSIONAL SERVICES 5,586 RAYMOND L. GOODSON JR PROVIDE SERVICES FOR UTILITY WORK 2014-208
01-20-3060 PROFESSIONAL SERVICES 12,000 FREESE AND NICHOLS, INC.PROVIDE SERVICES FOR 30" SANITARY SEWER LINE 2014-217
TOTAL ENGINEERING 17,586
TRAFFIC DEPARTMENT
01-25-3060 PROFESSIONAL SERVICES 10,000 KIMLEY-HORN AND ASSOCIATES INC PLAN FOR HIGHALND PARK MIDDLE SCHOOL 2014-188
01-25-6350 SIGNAL MAINT. & REP 20,575 PARADIGM TRAFFIC SYSTEMS COMPLETE CABINET 2014-164
01-25-6350 SIGNAL MAINT. & REP 5,602 CONSOLIDATED TRAFFIC CONTROLS MASTER & REMOTE FLASHING BEACON - CUBE - SOLAR POWERED 2014-205
TOTAL TRAFFIC 36,177
FACILITY MAINTENANCE
01-35-3115 CONTRACT MAINTENANCE 3,478 CITY WIDE BUILDING SERVICES SEMI-ANNUAL WINDOW CLEANING AT CITY HALL AND PEEK 2014-9
01-35-3115 CONTRACT MAINTENANCE 1,087 CITY WIDE BUILDING SERVICES SEMI-ANNUAL GUTTER AND DOWNSPOUT CLEANING AT CITY HALL 2014-10
01-35-3115 CONTRACT MAINTENANCE 1,505 JOE W FLY COMPANY FILTERS FOR CITY HALL AND PEEK CENTER 2014-21
01-35-3115 CONTRACT MAINTENANCE 1,452 TRANE US, INC ONE ANNUAL AND THREE QUARTERLY PM CITY HALL BLDG AUTO SYSTEM 2014-50
01-35-3115 CONTRACT MAINTENANCE 1,452 TRANE US, INC ONE ANNUAL AND THREE QUARTERLY PM PEEK CTR BLDG AUTO SYSTEM 2014-51
01-35-3115 CONTRACT MAINTENANCE 4,475 ABM BUILDING SERVICES, LLC THREE QUARTERLY AND ONE ANNUAL HVAC PM 2014-53
01-35-3115 CONTRACT MAINTENANCE 48 SIMPLEXGRINNELL ANNUAL TEST & INSPECTION OF FIRE ALARM - PEEK CTR 2014-76
01-35-3115 CONTRACT MAINTENANCE 867 STEWART & STEVENSON SERVICES QUARTERLY PM OF EMERGENCY GENSET AT PEEK CTR 2014-95
01-35-3115 CONTRACT MAINTENANCE 325 TRIPLE B CLEANING, INC SEMI-ANNUAL CLEANING OF EXHAUST SYSTEMS 2014-96
EXHIBIT "A"
CITY OF UNIVERSITY PARK, TEXAS
FY2015 BUDGET AMENDMENT NO. 1
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ACCOUNT ENCUMBRANCE
NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION P.O.
EXHIBIT "A"
CITY OF UNIVERSITY PARK, TEXAS
FY2015 BUDGET AMENDMENT NO. 1
01-35-3115 CONTRACT MAINTENANCE 438 STEWART & STEVENSON SERVICES QUARTERLY PM OF CITY HALL EMERGENCY GENERATOR 2014-97
01-35-3115 CONTRACT MAINTENANCE 836 SOUTHWASTE DISPOSAL, LLC GREASE TRAP CLEANING - CITY HALL AND PEEK CTR 2014-103
01-35-9950 CONTRACT MAINTENANCE 65000 GALLAGHER CONSTRUCTION CO REMODEL UPFD KITCHEN DAY ROOM 2014-184
TOTAL FACILITY MAINT.80,963
FIRE
01-40-2060 PROTECTIVE CLOTHING & SUPP 4,009 NAFECO LION V-FORCE COAT AND PANTS 2014-52
01-40-2060 PROTECTIVE CLOTHING & SUPP 4,009 NAFECO LION V-FORCE COAT AND PANTS W/ SUSPENDERS 2014-168
01-40-2060 PROTECTIVE CLOTHING & SUPP 11,303 HOYT BREATHING AIR PRODUCTS SCOTT AIR PAKS, FACE MASK, FREIGHT 2014-186
01-40-2060 PROTECTIVE CLOTHING & SUPP 8,200 NAFECO COATS AND PANTS 2014-230
01-40-2060 PROTECTIVE CLOTHING & SUPP 9,050 GT DISTRIBUTORS, INC DUTY BOOTS 2014-231
01-40-2345 MICU DRUGS & SUPPLIES 9,000 MOORE MEDICAL CORP MEDICAL SUPPLIES 2014-228
01-40-2345 MICU DRUGS & SUPPLIES 5,000 MATHESON TRI-GAS, INC SUPPLIES FOR MICU 2014-229
01-40-3115 CONTRACT MAINTENANCE 13,852 PHYSIO-CONTROL, INC MAINT. CONTRACTS FOR LIFE-PAKS 2014-187
01-40-7240 TUITION & TRAINING 9,000 TRAINING DIVISION.COM TRAINING FOR UPFD 2014-232
01-40-7240 TUITION & TRAINING 5,000 UT SOUTHWESTERN MEDICAL CENTER PARAMEDIC SCHOOL 2014-233
TOTAL FIRE 78,423
POLICE
01-50-2029 CLOTHING ALLOWANCE 3,200 GST PUBLIC SAFETY SUPPLY GENERAL ENCUMBRANCE 2014-227
01-50-3075 DIRECT ALARM MONITORING 5,000 ENGLANDER DIRECT ALARM YARD SIGNS 2014-225
01-50-3291 GUNS/EQUIPMENT 1,727 PRECISION DELTA CORP.AMMUNITION 2014-185
01-50-4121 911 SERVICE FEES 6,314 DFW COMMUNICATIONS INC MOTOROLA RADIO SERVICE AGREEMENT 2014-175
TOTAL POLICE 16,241
PARKS
01-70-2350 SUPPLIES & MATERIALS 1,647 B&H PHOTO NIKON D71OODSLR CAMERA KIT 2014-220
01-70-3115 CONTRACT MAINTENANCE 8,568 CARRUTHERS LANDSCAPE MANAGEMENT, INC ANNUAL CONTRACT - TURF MAINTENANCE 2014-44
01-70-3115 CONTRACT MAINTENANCE 5,310 MOORE DISPOSAL, INC.PORT-A-POTTY SERVICE 2014-106
01-70-6200 EQUIPMENT REPAIRS/NON-VEHICLE 2,110 STAHL HOLDINGS LLC 5HP FLOATING FOUNTAIN PUMP FOR WILLIAMS POND 2014-212
01-70-6380 FLOWERS, TREES & SHRUBS 1,490 SIMS GRASS RALEIGH ST. AUGUSTINE SOD 2014-211
01-70-7201 COMPUTER EQT UNDER $5,000 750 SPRINT GENERAL ENCUMBRANCE - I-PAD 2014-222
TOTAL PARKS 19,875
SWIMMING POOL
01-75-6189 SWIMMING POOL REPAIRS 5,500 PIERCE PUMP COMPANY, INC REPLACE PUMP/MOTOR AT BIG POOL 2014-214
01-75-7390 SWIMMING POOL EXPENSE 2,560 BSN SPORTS BEAM PADS, ROYAL BLUE 2014-215
TOTAL SWIMMING POOL 8,060
STREETS
01-80-6190 AUTO REPAIRS 6,231 ASCO PARTS & LABOR - REPAIR UNIT #2747 2014-206
NON-P.O.SIDEWALK REPAIR REIMBURSEMENT 107,500 N/A - NON P.O. ENCUMBRANCE N/A - NON P.O. ENCUMBRANCE XXXX-XXXX
TOTAL STREETS 113,731
563,047
SANITATION
04-60-7392 CONTAINERS 12,916 SNYDER INDUSTRIES, INC.ASM DUMPSTERS, LIDS, HARDWARE KIT 2014-209
04-60-7392 CONTAINERS 16,880 SNYDER INDUSTRIES, INC.CONTAIANERS - SNYDER PLAZA 2014-210
TOTAL GENERAL FUND ENCUMBRANCES
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ACCOUNT ENCUMBRANCE
NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION P.O.
EXHIBIT "A"
CITY OF UNIVERSITY PARK, TEXAS
FY2015 BUDGET AMENDMENT NO. 1
TOTAL SANITATION 29,796
29,796
STORMWATER05-23-3060 PROFESSIONAL SERVICES 18,165 CARTEGRAPH SYSTEMS, INC STREET LEVEL IMAGERY AND MAPPING 2014-6205-23-9305 STORMWATER EXPENSES 108,813 FLOW-LINE CONSTRUCTION, INC CARUTH PARK IMPROVEMENTS 2014-165TOTAL STORMWATER 126,978
126,978
719,821$ TOTAL ALL FUNDS ENCUMBRANCES
TOTAL STORMWATER FUND ENCUMBRANCES
TOTAL SANITATION FUND ENCUMBRANCES
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3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Christine Green, City Secretary
SUBJECT:Minutes of the September 24, 2014 CommunityMeeting–HPISD/City
Natatorium Proposal and Minutes of the October 7, 2014 City Council
Meeting
BACKGROUND:
Minutes of the September 24, 2014 Community Meeting –HPISD/City Natatorium
Proposal and Minutes of the October 7, 2014 City Council Meeting are included for the
Council’s review.
RECOMMENDATION:
City Hall
3800 University Blvd.
University Park, TX 75205
City of University Park
Meeting Minutes - Final
City Council
7:00 PM Council ChamberWednesday, September 24, 2014
Community Meeting - HPISD/City natatorium proposal
WELCOME: City Manager Robbie CorderI.
City Manager Robbie Corder and HPISD Superintendent Dr. Dawson Orr
each made brief opening remarks. They explained that the purpose of the
meeting was to receive resident input on a proposal to build a joint-use
(HPISD/City) natatorium adjacent to the existing Holmes Aquatic Center on
Lovers Lane. Mr. Corder also introduced the consultants who will author a
feasibility study on the proposed project. The study is intended to provide
the City Council, HPISD and residents with substantial decision-making
information. When completed in November or December, the full contents of
the study will be made public and presented to the City Council during a
regularly scheduled meeting. The City will post the date of that agenda item
well in advance of the meeting.
SUMMARY OF NATATORIUM PROJECT ISSUES: Ballard King &
Associates
II
Ken Ballard, President of Ballard King, explained that the study will examine
costs asscoiated with ongoing staffing, operational expenses, and
maintenance of the facility.
Page 1City of University Park
September 24, 2014City Council Meeting Minutes - Final
COMMUNITY INPUT: Ballard King & AssociatesIII
The following individuals spoke:
Scott Webster - 3552 Rankin
Royal Furgeson - 3441 Westminster
Liz Helton - 3505 Purdue
Russell Fish - 3333 Rankin
Isabel Blaylock - 3500 Rosedale
Ann Burns - 3522 Rankin
Richard Dafoe - 3442 Westminster
Max Fuqua - 3219 Milton
Ginger Webster - 3552 Rankin
Greg Brendel - 3128 Bryn Mawr
Bill Skelton - 3915 Wentwood
Donald Malouf - 3445 Westminster
John Burns - 3522 Rankin
Haley Devault - 3533 Rankin
Meg Hillert - 3313 Rankin
Karen Zaner - 3548 Milton
Randee Hefflefinger - 6620 Thackery
Sydney McDole - 3100 Stanford
John Weekley - 4236 Stanford
Duncan Fulton - 3524 Rankin
Pat Black - 4437 Windsor Parkway
Robert Claycombe - 3520 Milton
Sarah Harden - 3548 Rankin
Mary Flo Ridley - 3537 Rankin
ADJOURNMENTIV.
City Manager Robbie Corder adjourned the meeting.
Page 2City of University Park
City Hall
3800 University Blvd.
University Park, TX 75205
City of University Park
Meeting Minutes
City Council
5:00 PM Council ChamberTuesday, October 7, 2014
EXECUTIVE SESSION
3:05 - 3:42 P.M. Pursuant to TGC§ 551.072, the City Council met in closed session to
discuss real estate matters. 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 a potential
use agreement for City facilities. No action was taken. Executive Conference Room, 1st
Floor, City Hall.
PRE-MEETING WORK SESSION(S)
4:00 - 4:30 P.M. The City Council met in open work session to review the Parks
Department's 2014-15 Capital Improvements Program. No action was taken. Council
Conference Room, 2nd floor, City Hall.
14-193 Parks Department’s 2014-15 Capital Improvements Program
This Report was received.
4:30 - 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.
TO SPEAK ON AN AGENDA ITEM
CALL TO ORDERI.
Councilmember Bob Begert, Councilmember Dawn Moore,
Councilmember Tommy Stewart, Councilmember Taylor Armstrong and
Mayor Olin Lane
Present:5 -
INVOCATION: Fire Chief Randy HowellA.
PLEDGE OF ALLEGIANCE: The following Boy Scouts from Troop 72 were
present as part of earning the Citizenship in the Community merit badge: Hank
Bishop, William Chaffe, William Hillesheim, Seth Pyle, Xander McLendon, Beau
Raley, Jack Smith, and Ethan Schwartz. Charlie Philbin of Troop 82 was also
present and was there as part of earning the Citizenship in the Community merit
badge. The Scouts assisted Fire Chief Randy Howell and the City Council in
leading the Pledge of Allegiance.
B.
Page 1City of University Park
October 7, 2014City Council Meeting Minutes
INTRODUCTION OF COUNCIL: Mayor Olin Lane, Jr.C.
INTRODUCTION OF STAFF: Staff in attendance included Community
Information Officer Steve Mace, Chief of Police Greg Spradlin, Director of Public
Works Bud Smallwood, City Secretary Christine Green, Director of Parks &
Recreation Gerry Bradley, Assistant to the City Manager George Ertle, Acting
Community Development Director Jacob Speer, Library Director Sharon Martin,
Fire Chief Randy Howell, and Purchasing Manager Elizabeth Anderson.
D.
AWARDS AND RECOGNITIONII.
CONSENT AGENDAIII.
14-192 Consider and act on an ordinance amending the residential parking
disrict to remove the 3000 block of Fondren and the addition of the
north side of the 4300 block of Hyer
City Manager Corder said that this ordinance amends the residential parking
district to remove the 3000 block of Fondren Drive. This block is now owned
by SMU and is therefore private property. The ordinance also adds the north
side of the 4300 block of Hyer Street to the residential parking district near
Highland Park High School as requested by resident petition.
This Ordinance was adopted.
Enactment No: ORD No.14/026
14-196 Consider approval of cooperative purchase of two vehicles for the
Parks Department
City Manager Corder said that this is a purchase of two pieces of
replacement equipment for the Parks Department: a stump grinder and a
multi-purpose maintenance truck. Both items are being purchased via
BuyBoard cooperative contracts which satisfies competitive bidding
requirements. The total purchase amount is $70,255.70.
This Purchase was approved.
14-198 Consider approval of an Interlocal Agreement for Cooperative
Purchasing with the City of Glenn Heights
The City Manager said that this agreement will facilitate cooperative
purchasing between University Park and Glenn Heights. The City is
interested in participating in Glenn Heights' contract for EMS billing services,
and this interlocal agreement would enable that cooperative purchase as well
as others between the two cities.
This Interlocal Agreement was approved.
Page 2City of University Park
October 7, 2014City Council Meeting Minutes
14-202 Consider approval of the minutes of the September 16, 2014 City
Council meeting with or without corrections
The Minutes were approved.
Approval of the Consent Agenda
A motion was made by Councilmember Armstrong, seconded by
Councilmember Stewart, to approve the Consent Agenda. The motion carried
by the following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
MAIN AGENDAIV.
Mayor Pro Tem Begert read a statement prepared jointly by the City
and school district as follows:
Following substantial community input about the idea of building a
natatorium in Curtis Park, the City of University Park and Highland
Park ISD are in agreement that other sites will be studied and
evaluated for a possible joint-use natatorium. HPISD will evaluate the
merits of other potential locations and partnerships and will continue
discussions with the City of UP. In conjunction with this evaluation
process, the City of University Park will continue its feasibility study to
help determine the financial viability of operating a joint natatorium
facility with HPISD. Community input will continue to be an important
part of the site selection process.
14-203 Discuss request from Karin Zaner, 3548 Milton, to address the City
Council
A motion was made by Councilmember Moore, seconded by Councilmember
Stewart, to allow Karin Zaner to address the City Council. Councilmember
Begert said that he wanted to hear Ms. Zaner speak, but that this should be an
exception, not set precedent, for future similar requests. He also suggested a
time limit of seven minutes for Ms. Zaner's presentation. Mayor Lane called for
a vote on the amended motion. The motion carried by the following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
Page 3City of University Park
October 7, 2014City Council Meeting Minutes
Karin Zaner, 3548 Milton, addressed the Council. She said she represented
the "Save Curtis Park" group, and she spoke in opposition to the proposed
natatorium. She asked the Council to respond to the three items listed in the
letter she submitted requesting to speak to the City Council:
1. Provide a description of the procedure that the City Council will follow as
it explores the idea of a natatorium in Curtis Park; 2. Provide information
about the legality of transferring City property and compliance with school
finance laws; 3. Provide a public hearing with the City Council before other
action is taken.
Mayor Lane addressed Ms. Zaner and the audience. He said that the
feasibility study is the first step to exploring the idea of building a joint-use
City/HPISD natatorium in Curtis Park. He said that the City will present the
results of the feasibility study and a process will be determined after that
time.
Councilmember Moore addressed the second part of Ms. Zaner's letter. She
emphasized that there is no intent to transfer City property to HPISD. She
said that it is important to see the results of the commissioned feasibility
study before proceeding with any necessary legal opinions.
Councilmember Begert addressed the third part of Ms. Zaner's letter. He
emphasized that the City Council has discussed this subject in the light of
day in accordance with the Texas Open Meetings Act. He said that this will
be a public decision where the citizens will have input. He compared the
process with that of the YMCA expansion, the George W. Bush Library, and
the Park Cities Baptist Church parking garage in which the Council held
public hearings and reviewed letters and e-mails from numerous citizens
before making a decision.
Ms. Zaner asked the Mayor to clarify where the City is in the process of this
proposed natatorium. The Mayor replied that the City is at the beginning of
the process and that the feasibility study is the first step. He emphasized
that the City is awaiting the results of the feasibility study before proceeding.
Ms. Zaner said that she wants public notice on each additional step related
to this process. Dawn Moore said that she is surprised at the rumors and
stories that have come from this group as no decisions have been made.
Ms. Zaner said that she and the group are concerned about a May 2015
bond issue and a rush to get this done. Councilmember Begert said that a
timeline hasn't been discussed, and what's included in the bond package is
the school district's decision.
Page 4City of University Park
October 7, 2014City Council Meeting Minutes
14-191 Consider approval of engineering proposal for Mile-Per-Year Stanhope
/ Shenandoah and other alleys project (Project 47050)
City Manager Corder said this an engineering services contract from
Binkley and Barfield in the amount of $214,920 for the Mile-Per-Year project.
There are five locations on the proposal for water and sewer improvements
on Stanhope / Shenandoah and other alleys in the southwest part of the City.
A motion was made that this Contract be adopted. The motion carried by the
following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
14-194 Consider approval of a proposal for Smith Park Playground
Improvements
City Manager Corder said that this is a proposal for playground
improvements at Smith Park in the amount of $191,110.30. The project will
include the replacement of the existing equipment, the installation of
rubberized surfacing, shade structures, and the installation of new tables,
benches and a drinking fountain. The proposal from GameTime (Total
Recreation Products, Inc.) is via a BuyBoard cooperative contract, and
this satisfies all competitive bidding requirements
A motion was made that this Action Item be adopted. The motion carried by the
following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
14-201 Consider approval of a License Agreement with Extenet Systems, Inc.
for Distributed Antenna Systems and small cell networks in the City’s
public rights-of-way
City Manager Corder said that this is a license agreement with ExteNet
Systems, Inc. to use the City right-of-way and existing AT&T and Verizon
poles for a Distributed Antenna System that would improve cell service within
the City. The company is proposing to place five nodes in University Park
and several others in Highland Park. The City will receive compensation for
the use of the right -of-way.
A motion was made by Councilmember Armstrong, seconded by
Councilmember Stewart, that this License Agreement be adopted. The motion
carried by the following vote:
Aye:Councilmember Begert, Councilmember Moore, Councilmember Stewart,
Councilmember Armstrong, and Mayor Lane
5 -
Page 5City of University Park
October 7, 2014City Council Meeting Minutes
PUBLIC COMMENTSV.
Beau Raley, 4551 Fairway, Highland Park, TX, and Boy Scout, Troop 72,
spoke in opposition to building a natatorium in Curtis Park. He expessed
concern about negative environmental effects to the park and surroundings
during construction.
ADJOURNMENTVI.
Page 6City of University Park
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Robbie Corder, City Manager
SUBJECT:Consider & Act: Agreement between the City of University Park and
the Jan and Trevor Rees-Jones Revocable Trust for improvements to McFarlin
Boulevard(3801 McFarlin)
BACKGROUND:
The City of University Park has various locations throughout the community subject
to flash flooding during significant rain events. The most dangerous location is on
the 3800 block of McFarlin near Turtle Creek, just south of Williams Park. During a
100-year storm event, flood waters from Turtle Creek can crest five-feet (5’) over
McFarlin Boulevard between Williams Parkway and Park Street. For several years,
the City has studied various options that would lower the floodplain in this location;
however, the magnitude of various improvements needed to McFarlin Boulevard,
Williams Park and water impounding dams downstream have made the project cost
prohibitive in the past.
In connection with property redevelopment south of McFarlin, the City has been in
negotiationswith property owners immediately south of McFarlin Boulevard to
address this critical flooding problem. The proposed agreement between the City of
University Park and the Jan and Trevor Rees-Jones Revocable Trust represents a
public/private partnership that would allow the City to proceed with necessary
infrastructure improvements to correct the flooding in this area. In exchange for the
Jan and Trevor Rees-Jones Revocable Trust designing and constructing a dam on
private property (at their sole cost) to replace the existing McElvaney Dam, the terms
of the proposed agreement would require the City to be responsible for the following
items:
Ongoing operation, maintenance, and repair of the newly constructed dam
south of McFarlin Boulevard; and
Reconstruction of McFarlin Boulevard between Williams Parkway and Park
Street for installation of a new bridge across Turtle Creek.
The City Council previously authorized the necessary design work for improvements
to McFarlin Boulevard earlier this year during theAugust 19th City Council meeting.
The Parks Advisory Committee and the Urban Design and Development Advisory
Committee have reviewed the proposed concept plans, and unanimously
recommended approval.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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RECOMMENDATION:
Staff recommends approval of the proposed agreement between the City of
University Park and the Jan and Trevor Rees-Jones Revocable Trust.
Agreement Regarding McFarlin Improvements TM 67950 D-2269541
AGREEMENT REGARDING MCFARLIN IMPROVEMENTS
ThisAGREEMENT REGARDING MCFARLIN IMPROVEMENTS(“Agreement”)is made and
entered into as of the ___ day of _____________ 2014(the “Effective Date”), by and between TREVOR
DAVID REES-JONES, TRUSTEE OF THE JAN ANDTREVOR REES-JONES REVOCABLE TRUST
CREATED PURSUANT TO TRUST AGREEMENT DATED AUGUST 27, 2008(“TRJ”),and theCityofUniversityPark, a municipal corporation(the “City”).
RECITALS:
WHEREAS,TRJowns certain real property located in the City of University Park, Dallas
County, Texas, as more particularly depictedon Exhibit “A”attached hereto and made a part hereof (the
“Premises”).
WHEREAS, TRJ intends to constructa bridge over Turtle Creek (the “TRJ Bridge”), and shall
consider constructing a dam (the “Dam”)within the structure of the TRJ Bridge, both on the Premises.
WHEREAS, the City desires to rebuild thebridge across Turtle Creek on McFarlin Blvd in the
general location shown on Exhibit “B”attached hereto and made a part hereof (the “McFarlin Bridge”)
with respect to the Premisesto (i) equalize the water levels on both sides of McFarlin Blvd and (ii)
through the operation of the Dam,to reduce the risk ofwater cresting over McFarlin Blvd at flood stage.
NOW, THEREFORE,in consideration of the mutual agreement herein contained, TRJ and the
City covenant and agree as follows:
AGREEMENT:
1.Design Construction of Dam. TRJ shalldesign and construct the TRJ Bridge and
Dam, and shall remove the existing McElvaneydam, at his sole cost and expense. The TRJ Bridge and
Dam shall at all times be owned by TRJ. During construction of the Dam, at such time as the adjacent
pool of Turtle Creek is drained and a cofferdam is in place, TRJ agrees to de-silt the portion of Turtle
Creek located on the Premises south of McFarlin Blvdat his sole cost and expense.
2.Maintenance and Operation of Dam. Upon completion of construction of the Dam,
the City shall be solely responsible for the operation, maintenance and repair of the Dam(including,
without limitation,any regulatory compliance),at its sole cost and expense.In connection with the
City’s operation, maintenance and repair obligations, TRJ agrees to grant to the City, and the City
acknowledges that its right to access the Premises is limited to, the following easements:
a.An easement over a tract no larger thantwenty-sixfeetby twenty feet(26’ by20’) for a
dam control structure on the North property line of Lot6 or 8, Windsor Park Addition,along with an
easement that istenfeet(10’) wide alongthe North property line of Lots 6 and 8, Windsor Park
Addition, for installing an underground conduit for electric and pneumatic lines running from such
control structure to the Dam, with each such easement in an exact location to be determined by TRJ in
his sole discretion.
b.Aneasement from Windsor Circle to the Dam,in an exactlocation to be determined by TRJ in his sole discretion,for use by the City. Use of the easement shall be limited to normal business hours on weekdays,except in the event of emergency.
Agreement Regarding McFarlin Improvements TM 67950 D-2269541
c.An easementfor placement of City equipment used for de-silting the Turtle Creek pool
located south of McFarlin Blvdon the Premises; provided, however, such easement shall be exclusively
within the creek bed of Turtle Creek located on Lots 5 & 8, Windsor Park Addition(for the avoidance of
doubt, the City shall not be permitted to access or place any equipment on the Premises that is outside of
such creek bed). The City shall bear the cost of all future de-silting operations once the Dam has been
completed and become operational. No silt removed from the creek bed shall be placed on the Premises or other land owned or acquired in the future by TRJ.
d.In the event the City fails or refuses to operate, maintain and repair the Dam, TRJ shall have theright to remove or disable the Dam from the TRJ Bridge and to terminate the foregoing
easements in his sole discretion.
3.Construction of McFarlin Bridge. The Cityshall, through appropriate action by the
City Council, rebuild the McFarlin Bridge in accordance with the City’s current design and on a time schedule that is parallel to the construction of the TRJ Bridge and Dam.
4.Turtle Creek Water Level.After the City completes construction of the McFarlin
Bridgeandrenovation and the installation of the Dam is complete, the City intends to operate the Dam to
achieve a water level of 527feetabove sea level, which level is above the current water level of 524.50
feetabove sea level in the pool south of McFarlin Blvd. Because TRJ’s willingness to build the Dam is
purely a civic gesture given that the Dam does not impact the Bridge or construction of the TRJ residence on Lot 5, Windsor Park Addition, the City assumes all responsibility and liability for the increased water level in the pool south of McFarlin Blvd, including the obligation to obtain any permits or consents from regulatory bodies or affected landowners. Notwithstanding the foregoing, if for any reason the Dam is
initially constructed to achieve its current water level of 524.50feet above sea level in the pool south of
McFarlin Blvd (including, without limitation, the City’s inability to obtain necessary approvals for
increasing the water level), and the City subsequently requests that the Dam be reconstructed or altered
to achieve a water level of 527 feet above sea level in such pool, any such reconstruction, alteration or
retrofitting of the Dam shall be approved by TRJ and shall be at the City’s sole cost and expense.
5.Safety Matters, Indemnification, Insurance and Risk Transfer.
a.Safety Matters. Each party hereto shall take all safety measures reasonably required to
protect the other party and the property of each from injury or damage caused by or resulting from the
performance of its respective obligations under this Agreement.
b.Indemnificationby the City. With respect to work to be performed hereunder, the
operation and maintenance of the Dam, and the water levels in Turtle Creek affected thereby, the City
agrees to indemnify, defend and hold harmless TRJ and his employees, agents, servants and invitees (the
“TRJ Parties”) from any and all loss, damage, liability, cost or expenses, including, but not limited to,
reasonable attorneys’ fees, court costs and other sums which the TRJ Parties may pay or become
obligated to pay on account of any, all and every demand or claim, or assertion of liability, or any claim
or action founded thereon arising or alleged to have arisen out of any act, omission or breach of the City,
or its agents, servants and employees, whether such claim or claims, action or actions be for damages,
injury to person or property, including the property of the TRJ Parties, or death of any person, made by
any person, group or organization.
c.Insurance or Risk Transfer. During performance of all of its obligations under this
Agreement, the City agrees that it shall, at its own expense (and shall cause any third party contractor to)
maintain in force a policy or policies or a similar Liability Coverage Document written by one or more
Agreement Regarding McFarlin Improvements TM 67950 D-2269541
responsible insurance carriers licensed to do business in the State of Texas, or by the Texas Municipal
LeagueIntergovernmental Risk Pool(the “Pool”), which shall insure or protect the City against liability
for bodily injury to and/or damage to property of any person or persons, with coveragelimits in an
amount reasonably acceptable to TRJ. Moreover, the City will endorse its PoolLiability Coverage
Document to include the Pool's Indemnification underContract Endorsement EL217,with specific
reference to this Agreement.The City will also take all steps necessary to make sure that the Pooladds all necessary classifications to its General Liability schedule of exposures to make sure that the subject-matter of this Agreement is covered.
d.Mechanics’ Lien Indemnification. The City shall indemnify,defend and hold harmless
TRJ from and against all mechanics’, materialmen’s and laborers’ liens and all cost, loss, expenses and
liabilities arising from performance of its obligations under this Agreement.
6.Williams Parkway Tract. The City shall grant toTRJ a license agreement (the
“License”) in the form of Exhibit “D” attached hereto on the real property identified on Exhibit
“C”attached hereto (the “Williams Parkway Tract”). Subject to approval by the Board of
Adjustment of a Special Exception for placement of a fence and/or gate on the Williams Parkway
Tract under the provisions of Section 28-106 (a) of the University Park Zoning Ordinance,TRJ
intends to install a fence and gate on the Williams Parkway Tract,which fence and gate shall not
be closerthan twenty feet (20’) from McFarlin Blvd. In the future, in consideration of the
covenants by TRJ contained herein, should the City become able to convey title to the Williams
Parkway Tract without any conditions or encumbrances created prior to the date hereof, the City
agrees to convey the Williams Parkway Tract to TRJ. Upon any such conveyance, the portion of
the Premises commonly referred to as Lot 5, Windsor Park Addition, shall, at TRJ’s cost and
expense, be re-platted to include the Williams Parkway Tract.
7.Miscellaneous Provisions.
a.Amendment. This Agreement may not be modified or amended, except by an agreement
in writing signed by the parties hereto.
b.Entire Agreement. This Agreement constitutes the entire agreement among the parties
pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith.
c.Multiple Counterparts. This Agreement may be executed simultaneously in two or more faxed counterparts, each of which shall be deemed an original and all of which together shall constitute
one and the same instrument.
d.Construction. The parties acknowledge that they have had the opportunity to be
represented by counsel in connection with this transaction and thatthis Agreement shall be interpreted
according to its fair construction and shall not be construed against either party.
e.Binding Agreement; Assignment. This Agreement shall be binding upon and inure to the
benefit of the heirs, successors, affiliates, administrators, executors, and permitted assigns of the
respective parties. This Agreement may not be assigned by TRJwithout the prior written consent of the
City, not to be unreasonably withheld; provided, however, no such consent shall be required in
connection with a transfer of the Premises by TRJ to a subsequent owner.
Agreement Regarding McFarlin Improvements TM 67950 D-2269541
f.Limitation on Liability. It is acknowledged and agreed by the parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among the
parties. It is understood and agreed between the parties that TRJand the City, in satisfying their
respectiveresponsibilities underthis Agreement, have acted independently, and subject to the
indemnities contained herein, neither party assumes the responsibilities or liabilitiesof the other partyto
third parties in connection with suchactions. TRJ agreesto indemnify and hold harmless the City from all claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of TRJ’s performance of the conditions in Section 1of this Agreement.
g.Authorization. Each party represents that it has full capacity and authority to grant all
rights and assume all obligations that is granted and assumed under this Agreement.
h.Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return
receipt requested, addressed to the party at the address set forth below or on the day actually received as
sent by courier or otherwise hand delivered.
If intended for City, to:
City of University Park
Attn: City Manager
3800 University Blvd.
University Park, Texas 75205
With a copy to:
Robert L. Dillard III
Nichols, Jackson, Dillard,
Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
If intended for TRJ:
Dennis Coe
5956 Sherry Lane, Suite 1500
Dallas, Texas 75225
With a copy to:
David Hundley
5956 Sherry Lane, Suite 1500
Dallas, Texas 75225
i.Governing Law. This Agreement shall be governed by the laws of the State of Texas;
and exclusive venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said Court.
j.Severability. In the event any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this
Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision
be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to
the provision found to be illegal, invalid or unenforceable.
k.Exhibits. Any exhibits to this Agreement are incorporated herein by reference for the
purposes wherever reference is made to the same.
l.Survivalof Covenants. Any of the representations, warranties, covenants, and
obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time
Agreement Regarding McFarlin Improvements TM 67950 D-2269541
following the termination of this Agreement shall survive termination.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first
above written.
TREVOR DAVID REES-JONES TRUSTEE OF THE
JAN AND TREVOR REES-JONES REVOCABLE
TRUST CREATED PURSUANT TO TRUST
AGREEMENT DATED AUGUST 27, 2008
THE CITY OF UNIVERSITY PARK,TEXAS
By:
Name:
Its:
Agreement Regarding McFarlin Improvements Exhibit A TM67950 D-2269541
EXHIBIT A
The Premises
Agreement Regarding McFarlin Improvements Exhibit B TM67950 D-2269541
EXHIBIT B
Agreement Regarding McFarlin Improvements Exhibit C TM67950 D-2269541
EXHIBIT C
2
EXHIBIT D
License Agreement
LICENSE AGREEMENT
CITY OF UNIVERSITY PARK
******************************************************************************
This License Agreement (the “Agreement”), effective as provided herein (the “Effective Date”), is between
the City of University Park, Texas, a home rule municipal corporation of the State of Texas (the “City”), and Trevor David Rees-Jones, Trustee of the Jan and Trevor Rees-Jones Revocable Trust created pursuant to Trust Agreement
dated August 27, 2008 (the “Licensee”).
RECITALS
WHEREAS, the Licensee desires to place, install, and maintain certain improvements
(the “Improvements”) in, under, or upon a City right-of-way, easement or property (the “Property”) to benefit the
Licensee’spremises at3801 McFarlin Blvd, University Park, Dallas County, Texas (the “Premises”); and
WHEREAS, such Improvements are more specifically shown on Exhibit “A”attached hereto; and
WHEREAS, the City desires to grant Licenseea license and privilege to place, install, remove and maintain the Improvements on the Property subject to and upon the terms set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and
Licenseeagree as follows:
I.
GRANT OF LICENSE
1.1 License to Maintain Certain Articles on Property. The City hereby licenses and authorizes the
Licenseeat all times during the term of this Agreement the exclusive right to place, install, remove, and maintain the
Improvements on the Property according to specifications reasonably acceptable to Licensee, including, without limitation, those identified onExhibit “A”attached, subject to the terms and conditionscontained in this Agreement;
provided, however, Licensee shall not be obligated to install any such Improvements.
1.2 Exclusive Use. The Licensee, itsheirs, executors, successors and assigns, may place, install, and maintain on the Property the Improvements to be used exclusively for the benefit of the Premises.
II.
CONDITIONS PRECEDENT AND EFFECTIVE DATE
2.1 Prior Plan.With this Agreement, the Licenseehereby submitsto the Community
Development Manager and the Director of Public Works of the City plans for the placement, arrangement, and
installation of the Improvements.
2.2 Review by City. The Director of Public Works or his representative shall review the plans and make
modifications to the plans that he, in his sole discretion, considers reasonably necessary or appropriate for the
preservation of the public health, safety, and welfare of the City.
2.3 Approval and Effective Date. This Agreement and the rights and obligations hereunder shall become
effective when the Director of Public Worksor his representative has approved the plans. The Licenseeagreesto
place, arrange, or install the Improvements on the Property according to the approved plans. The Licenseeshall not
3
place, arrange, or install any articles on the Property before the plans have been approved. The City retains the right to remove any article or all articles placed in, under, or onto the Property at any time upon at least five (5) days prior
written notice to Licenseeand retains the right to modify or amend the plans atany time after the Effective Date of
this Agreement (but prior to the installation of the Improvements), upon reasonable notice to the Licensee, such
notice informing the Licenseeof the purpose and reasonableness of the modification(s) or amendment(s).
III.
INDEMNIFICATION AND INSURANCE
3.1 Liabilities, Losses, or Damages.Licenseeagreesto defend, hold and save harmless the City, its
officers, agents and employees from any liability, claims, costs, expenses or damages incurred by the Citythat result
from claims by third parties, including expenses of litigation and attorneys’fees, as a result or arising out of the use, maintenance, placement, installation, operation, or removal of the Improvements by Licensee, itscontractors, agents
or employees(“Third Party Claims”), and Licenseecovenantsand agreesto pay to or indemnify the City for payment
of the full amount of any such Third Party Claims. City agrees that it will give Licenseenotice in writing of any
Third Party Claimwithin five (5) business days after it receives such claim. Licenseeagreesthat itwill assume the
obligation to defend, adjust through insurance, and, if necessary, pay such Third Party Claimto the City or the third party incurring the same.
3.2 Period Covered.The indemnity provided by this Agreement will extend from the date of this
Agreement to the termination of this Agreement.
3.3 Expenses, Attorneys’Fees, and Costs.If the City, in the enforcement of Paragraph 2.3 of
this Agreement, shall incur necessary expenses,or become obligated to pay attorneys’fees or court costs, the
Licenseeagreesto reimburse the City promptly for such expenses, attorneys’fees, or costs after receiving notice from the City of the incurring of such expenses, costs, or obligations.
3.4 Notice of Claim Against.The City agrees to give the Licenseeprompt written notice of any claim
made against the City on the obligations assumed by the Licenseehereunder.
3.5 Limitation on Liability.The City and the Licenseeagree that the provisions of Article III of this
Agreement shall not in any way limit the liability of the Licensee.
3.7 Insurance.
A.Licenseeagreesto cause and require any contractor constructing and installing the
Improvements to carry and maintain Commercial General Liability Insurance in amounts not less than those established as maximum recovery limits recoverable against the City
under the Texas Civil Practice and Remedies Code, as amended; and
B.Licenseeagreesto carry and maintain, during the entire term of this Agreement, Personal
Liability or Homeowner’s insurance in amounts not less than those required under A. above.
Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas and
shall name the City as additional insured. Certificates evidencing such insurance contracts and certified copies of such insurance contracts shall be deposited with the Risk Manager for the City. The policy limits provided in the
Agreement shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and
Remedies Code. Such certificates shall require thirty days’written notice to the City in the event of default by
Licenseeor termination of any coverage. [NTD: SUBJECT TO REVIEW BY LICENSEE’S INSURANCE
PROVIDER; CITY TO PROVIDE MAXIMUM RECOVERY LIMITS]
IV.
ASSIGNMENT
4
4.1 Nonassignable.This License is personal to the owner of the Premises and
is non-assignable, except when the Premises is conveyed by Licensee, in which case, this License may be assigned
by Licenseeto a subsequent owner, provided such assignment is in writing, specifically requires the assignee to agree
to and abide by the terms of this Agreement, is signed by the assignee, and recorded in the real property records of Dallas County, Texas. Any other attempt to assign this License will terminate the License granted to Licenseeunder
this Agreement.
V.
TERMINATION
5.1 Terminable at Will.This Agreement is terminable by either party at will by the giving of ninety (90) days’written notice to the other party.
VI.
GENERAL PROVISIONS
6.1 Governing Law.The validity of this Agreement, the construction and enforcement of its terms,
and the interpretation of the rights and duties of the partiesshall be governed by the laws of the State of Texas. Exclusive venue of any action hereon shall lie in Dallas County, Texas
6.2 Amendment.No amendment, supplement, or waiver of this Agreement or any of its provisions
shall be binding upon the parties hereto unless made in writing and duly signed by all parties.
6.3 Waiver.A failure or delay of the City to enforce at any time any of the provisions of this
Agreement, or to exercise any option that is provided in this Agreement, or to require at any time performance of any
of the provisions of this Agreement, shall in no way be construed to be a waiver of such provision of this Agreement.
6.4 Entirety of Agreement.This Agreement constitutes the entire Agreement between the City and
the Licenseeand supersedes all previous agreements, promises, representations, whether written or oral, between the
City and the Licenseewith respect to the subject matter of this Agreement.
6.5 Heading.The article and section headings in this Agreement are for convenience only and
do not constitute part of this Agreement.
6.6 Sole Benefit.Nothing expressed or referred to in this Agreement is intended or shall be construed to give any person, firm, or entity, other than the City or the Licensee, any legal or equitable right, remedy,
or claim under or in respect to this Agreement or any provisions in this Agreement. It is the intention of the City and
the Licenseethat this Agreement, the assumption of obligations and statements of responsibilities herein, and all
conditions and provisions of this Agreement are for the sole benefit of the City and the Licensee, and for the benefit of no other person, firm, or entity.
6.7 Notice.Any notices or other communications required or permitted to be given under this
Agreement, unless otherwise specifically provided, shall be deemed given, if sent by first-class mail, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the
notice. Either party may change its notice address by a written notice as provided herein.
5
If to the City:
City Manager
City of University Park
Dallas, Texas75225Box 8005
University Park, Texas75205-0005
If to Licensee:
Dennis Coe
5956 Sherry Lane, Suite 1500
Dallas, Texas 75225
With a copy to:
David Hundley5956 Sherry Lane, Suite 1500
Dallas, Texas 75225
6.8 Recording. The Licenseemust record this License in the Real Property Records of Dallas County, Texas, and provide written documentation that such recording has been completed.
[Signature Pages Immediately Follow]
Agreement Regarding McFarlin Improvements Exhibit D TM67950 D-2269541
IN WITNESS WHEREOF, the City and the Licensee, acting in person or through their respective duly authorized
representative have caused this Agreement to be signed in their names and delivered as of the date first above
written. This Agreement shall be effective on the last date signed below.
CITY OF UNIVERSITY PARK
3800 University Blvd.
University Park, TX 75205
By: ___________________________________
Robbie Corder
City Manager
Date: ________________________
LICENSEE:
By:
Trevor David Rees-Jones Trustee of the Jan and Trevor Rees-Jones Revocable
Trust created pursuant to Trust Agreement dated August 27, 2008
Date:________________________
Agreement Regarding McFarlin Improvements Exhibit D TM67950 D-2269541
ACKNOWLEDGMENTS
STATE OF TEXAS )
)
COUNTY OF DALLAS)
BEFORE ME, the undersigned authority, on this day personally appeared Trevor David Rees-Jones and
Janice Marie Rees-Jones, Trustees of the Jan and Trevor Rees-Jones Revocable Trust created pursuant to Trust Agreement dated August 27, 2008, known to me to be the person/persons whose name is subscribed to the foregoing
instrument as GRANTOR, and acknowledged to methat the he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of _________________, 2014.
Notary Public, State of Texas
STATE OF TEXAS )
)CITY OFUNIVERSITY PARK, TEXAS
COUNTY OF DALLAS)
This instrument was acknowledged before me on the _____ day of __________ 2014, by Robbie Corder,
City Manager of the CITY OF UNIVERSITY PARK, TEXAS, a home-rule municipal corporation, on behalf of
such corporation.
Notary Public, State of Texas
Agreement Regarding McFarlin Improvements Exhibit D TM67950 D-2269541
Exhibit A
IMPROVEMENTS
1.Gate operated by remote control
2.Privacy wall consistent with the wall surrounding other portions of the Premises
3.Driveway resurfacing
4.Landscaping
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO:Honorable Mayor and City Council
FROM:Robbie Corder, City Manager
SUBJECT:Consider & Act: Agreement between the City of University Park and
the Estate of Adele N. Seybold(3805 McFarlin)
BACKGROUND:
The City of University Park has various locations throughout the community subject
to flash flooding during significant rain events. The most dangerous location is on
the 3800 blockof McFarlin near Turtle Creek, just south of Williams Park. During a
100-year storm event, flood waters from Turtle Creek can crest five-feet (5’) over
McFarlin Boulevard between Williams Parkway and Park Street. For several years,
the City has studied various options that would lower the floodplain in this location;
however, the magnitude of various improvements needed to McFarlin Boulevard,
Williams Park and water impounding dams downstream have made the project cost
prohibitive in the past.
In connection with property redevelopment south of McFarlin, the City has been in
negotiationswith property owners immediately south of McFarlin Boulevard to
address this critical flooding problem. The proposed agreement between the City of
University Park and the Estate of Adele N. Seybold representsa public/private
partnership that would allow the City to proceed with necessary infrastructure
improvements to correct the flooding in this area.
The proposed improvements to address flooding in this areawill result in the raising
of the pool elevation south of McFarlin by two and a half feet (2.5’). Raising the pool
elevationby this amount will cause the bank of the creek to further encroach onto
the property of the Estate of Adele N. Seybold. Additional retaining walls are
necessary to prevent encroachment of the creek. Under the proposed terms of the
agreement the Estate of Adele N. Seybold agrees to pay for seventy-five percent
(75%) of the construction costs associated with the retaining walls on the property
located at 3805 McFarlin, up to a maximum of $75,000. The remaining balance of
the construction costs will be funded by the City of University Park. The City is
responsible for design and construction administration of the walls.
RECOMMENDATION:
Staff recommends approval of the proposed agreement between the City of
University Park and the Estate of Adele N. Seybold.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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Agreement Regarding Improvements 67888
AGREEMENT REGARDING IMPROVEMENTS
THIS AGREEMENT REGARDING IMPROVEMENTS(“Agreement”)is made and entered into
as of the ___ day of _____________ 2014(the “Effective Date”), by and between the Estate of Adele N.
Seybold, by John P. Locke, Executor(“Owner”)and theCityofUniversityPark, a municipal corporation
(the “City”).
RECITALS:
WHEREAS,Ownerowns certain real property located in the City of University Park, Dallas
County, Texas, described asJenkins Subdivision of Tract 3, Lots 1, 2, and 60’ of Lot 3, containing .47
acres, more or less, and commonly known as 3805 McFarlin Boulevard, University Park, Dallas County,
Texas(the “Premises”);
WHEREAS, Ownerand the City desire to jointly construct certain improvements, consisting of a
concrete retaining wall at the edge of the waters of Turtle Creek abuttingthe Premises,betweenthe City
right-of-way of McFarlin Boulevardand the property abutting the Premises on the south,a distance of
approximately 178 feet across where the retaining wall is currently shown on a plat furnished City by
Owner, to an elevation of 528’ Mean Sea Level(“MSL”) (the “Improvements”);and
WHEREAS, the Improvements will protect the Premises and other private and public property
from erosion by the waters of Turtle Creekand provide a means to request removal ofthe Premises from
the 100 year flood plain as currently shown on the Flood Insurance Rate Map adopted by FEMA;
NOW, THEREFORE,in consideration of the mutual agreement herein contained, Ownerand the
City covenant and agree as follows:
AGREEMENT:
1.Design and Construction of Improvements; Easements; Payment of the Costs. The City
shalldesign and construct the Improvementsin accordance with any applicable City construction
standards. The Ownerwill grant the City a temporary construction easementon the Premises as
necessary to construct any part of the Improvements. Upon completion and acceptance of the
Improvements by the City, the temporary construction easementwill terminateand the City will petition
FEMA (and bear the associated expense) to request removal ofthe Premises from the flood plain insofar
as is possible.After the construction bids have been submitted and approved by the City Council, but
prior to execution by the City of acontract for theconstruction of the Improvements,Owneragreesto
deposit the sum of $75,000.00 into an escrow account established by the City in a federally insured bank agreeable to Ownerfor the purpose of paying the agreed upon costs of the construction of the Improvements(the “costs”). The Owneragreesto pay up to 75% of the costs, not to exceed the sum of $75,000.00. Use of the escrow account will be limited to payment of the costsof construction. The City
agrees to pay the costs attributable to the engineering and design and the balance of the costsof
constructionover $75,000.00, without limitation. The escrow account will be in the name of the Cityand
designated for use only for payment of the costs of the Improvementswith respect to the stated 178 feet
as described above, with the City Manager as sole signatory on the account. A drawon the account will
be made by the City Manager only upon receipt by the City of an invoice or draw request from a
contractor engaged in construction (not the design or engineering) of the Improvements and a copy of the
invoice or request and the check in payment thereof will be furnished Ownerby mail.Any dispute of the
amounts paid will be subject to arbitration. Owner may request a status audit of the escrow account at
any time after deposit through completion of construction. Such request for an accounting shall be
Agreement Regarding Improvements 67888
responded to within five (5) days of the request. The city agrees to provide a timeline for the project and
to inform the Owner of any changes that occur in this timeline. Should the costs not exceed $100,000.00;
a refund of the balance of the $75,000.00 will be made to Ownerby the City.
2.Turtle Creek Water Level.When the City completes construction of the Improvements, the
static water level of TurtleCreek will be raised from 524.5’MSL to 527’MSL. The City assumes all
responsibility and liability for the increased water level in the pool south of McFarlin Blvd, including the
obligation to obtain any permits or consents from regulatory bodies or affected landowners.
Owner will provide City an easement for placement of City equipment used for de-silting the Turtle
Creek pool located south of McFarlin Blvd on the Premises; provided, however, such easement shall be
exclusively within the creek bed of Turtle Creek located on the Premises(for the avoidance of doubt, the
City shall not be permitted to access or place any equipment on the Premises that is outside of such creek
bed). The City shall bear the cost of all future de-silting operations once the Dam has been completed and become operational. No silt removed from the creek bed shall be placed on the Premises or other land owned or acquired in the future by Owner.
3.Safety Matters, Indemnification, Insurance and Risk Transfer.
a.Safety Matters. Each party hereto shall take all safety measures reasonably required to
protect the other party and the property of each from injury or damage caused by or resulting from the
performance of this Agreement.
b.Indemnification. With respect to work to be performed hereunder, the City agrees to indemnify, defend and hold harmlessOwnerand itsemployees, agents,servants and invitees (the “OwnerParties”) from any and all loss, damage, liability, cost or expenses, including, but not limited to,
reasonable attorneys’ fees, court costs and other sums which the OwnerParties may pay or become
obligated to pay on account of any, all and every demand or claim, or assertion of liability, or any claim
or action founded thereon arising or alleged to have arisen out of any act, omission or breach of the City,
or its agents,servants and employees, whether such claim or claims, action or actions be for damages,
injury to person or property, including the property of the OwnerParties, or death of any person, made by
any person, group or organization.
c.Insurance or Risk Transfer. During performance of all of its obligations under this
Agreement, the City agrees that it shall, at its own expense (and shall cause any third party contractor to)
maintain in force a policy or policies ora similar Liability Coverage Document written by one or more
responsible insurance carriers licensed to do business in the State of Texas, or by the Texas Municipal
League Intergovernmental Risk Pool(the “Pool”), which shall insure or protect the City against liability
for bodily injury to and/or damage to property of any person or persons. Moreover, the City will endorse
its PoolLiability Coverage Document to include the Pool's Indemnification Under Contract Endorsement
EL217,with specific reference to this Agreement.The City will also take all steps necessary to make
sure that the Pooladds all necessary classifications to its General Liability schedule of exposures so that
the subject-matter of this Agreement is covered.
4.Miscellaneous Provisions.
a.Amendment. This Agreement may not be modified or amended, except by an agreement
in writing signed by the parties hereto.
Agreement Regarding Improvements 67888
b.Entire Agreement. This Agreement constitutes the entire agreement among the parties
pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and
understandings of the parties in connection therewith.
c.Multiple Counterparts. This Agreement may be executed simultaneously in two or more
faxed counterparts, each of which shall be deemed an original and all of which together shall constitute
one and the same instrument.
d.Construction. The parties acknowledge that they have had the opportunity to be represented by counsel in connection with this transaction and that this Agreement shall be interpreted according to its fair construction and shall not be construed against either party.
e.Binding Agreement; Assignment. This Agreement shall be binding upon and
inure to the benefit of the heirs, successors, affiliates, administrators, executors, and permitted
assigns of therespective parties. This Agreement may not be assigned by Owner, except to the
subsequent owners of the Premises, without the prior written consent of the City.
f.Limitation on Liability.It is acknowledged and agreed by the parties thatthe
terms hereof are not intended to and shall not be deemed to create a partnership or joint venture
among the parties. It is understood and agreed between the parties that Owner, in satisfying the
conditions of this Agreement, hasacted independently, and the City assumes no responsibilities
or liabilities to third parties in connection with these actions. Owneragreesto indemnify and
hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses,
including reasonable attorney’s fees, of any nature whatsoever arising out of Owner’s
performance of the conditions of this Agreement.
g. Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that aregranted and assumed under this Agreement.
h. Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified
mail, return receipt requested, addressed to the party at the address set forth below or on the day
actually received as sent by courier or otherwise hand delivered.
If intended for City, to:
City of University Park
Attn: City Manager3800 University Blvd.
University Park, Texas75205
With a copy to:
Robert L. Dillard III
Nichols, Jackson, Dillard,Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
Agreement Regarding Improvements 67888
If intended for Owner:
Estate of Adele N. Seybold
John P. Locke, Executor
3701 Southwestern Blvd.
University Park, Texas 75225-7222
i.Governing Law. This Agreement shall be governed by the laws of the State of
Texas;and exclusive venue for any action concerning this Agreement shall be in the State
District Court of Dallas County, Texas. The parties agree to submit to the personal and subject
matter jurisdiction of said Court.
j. Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the
intention of the parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
k. Survivalof Covenants.Any of the representations, warranties, covenants, and
obligationsof the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written.
OWNER, ESTATE OF ADELE N. LOCKE
By: John P. Locke, Executor
THE CITY OF UNIVERSITY PARK,TEXAS
By:
Name:
Its:
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
10/21/2014Agenda
TO: Honorable Mayor and City Council
FROM: Gene R. Smallwood. P.E.
SUBJECT:Letter of Authorization with the North Central Texas Council of
Governments concerning the Regional Storm Water Management Program
BACKGROUND:
In December 2013, the Council authorized the City’s participation in a five (5) year
InterlocalAgreement with the North Central Texas Council of Governments (NCTCOG)
for the Regional Storm Water Management Program for FY13 –FY17. Participation in
the program provides municipalities resources for staff and developer training, public
education, and guidance with TCEQ mandated annual reporting concerning compliance
with the City’s Storm Water Management Program (SWMP).
Annual dues associated with the Interlocal Agreement are assessed to each cooperating
municipality based on population. The 2015cost-share for the City is $2,911.00. Staff
anticipates utilizing construction inspection training materials and public education and
outreach brochures and currently takes advantage of the information and guidance
provided by the Regional Storm Water Management Program.
RECOMMENDATION:
Staff recommends approval of the authorization letter for participation in the Regional
Storm Water Program with NCTCOG and payment for the associated FY2015Work
Program and to authorize the City Manager to execute the letter.
AGENDA MEMO
TO:Honorable Mayor and City Council
FROM:Luanne Hanford
Director of Human Resources
RE:Renewal of Property, Liability & Worker’s Compensation Coverage
DATE:October 15, 2014
For those of you who are new to the City Council and as a reminder for everyone else, the City
has property, liability, and worker’s compensation coverage with the Texas Municipal League
Intergovernmental Risk Pool (TML-IRP) via an inter-local agreement. The City has had coverage with TML-IRP since 2005. Until 2012, the deductibles were $100,000 for most
coverages. In 2012, the City dropped the deductibles to take advantage of the softer insurance
market.
On August 13, 2014, the Property, Casualty, and Liability Insurance Committee reviewed the renewal submitted by TML-IRP and voted unanimously to recommend approval of the renewal
in the amount of $220,769.52. Funds have been budgeted in the Self-Insurance Fund. Attached
are the committee minutes and aspreadsheet that illustrates the City’s premiums, deductibles,
and limits of liability for the past several years.
MINUTES
Property, Casualty & Liability Insurance Committee
August 13, 2014
A meeting of the Property, Casualty & Liability Insurance Committee met at 7:30
am on August 13, 2014. Members attending the meeting were Chairman Frank
Swingle, Bruce Klingman, Scott Ragland, Howard McClure, John Palter, and Ron
Ward. Also attending the meeting were Human Resources Director Luanne
Hanford, City Manager Robbie Corder, and City Councilmember Bob Begert.
Chairman Swingle called the meeting to order at 7:30 am. He introduced Howard
McClure, the new committee member. The rest of the attendees also introduced
themselves.
The first item on the agenda was a review and discussion of the proposed budget
for the self-insurance fund for liability, property, andWorker’s Compensation.
Included in the FY 2015 budget is $201,200 for liability and property premiums
plus $216,535 for Worker’s Compensation premiums and all claims for a total of
$417,735. Mr. Swingle distributed a spreadsheet he had prepared listing past
claims and premiums. According to his calculations, the City was under-funding
for claims. Ms. Hanford told the committee that she had discussed this with the
finance director and city manager during the budget preparation process and they
preferrednot to increase the funding for claims this year and to draw down on
the Self-Insurance Fund balance for any claims that run over the budgeted
amount. Discussion followed regarding the fund balance of the fund. Mr. Swingle
told the committee that he didn’t have a problem with that as long as everyone
understood that was the case.
The next item on the agenda was the renewal of the insurance program from
Texas Municipal League Inter-Governmental Risk Pool. The committee reviewed
the spreadsheet provided by Ms. Hanford that illustrated the deductible amounts,
the limits of liability, and a history of premiums dating back to FY2010. The net
increase for the renewal is 5%, most of it occurring in the auto lines. The
committee discussed the renewal.
After discussion of the proposed budget and renewal figures, the committee
agreed to recommend both the budget and the renewal for adoption by the City
Council.
Councilmember Begert told the committee members he appreciated what they
did and thanked them for their service on the committee.
There being no further business, the meeting was adjourned.
______________________________________________________________
Frank Swingle, Chairman Luanne Hanford, HR Director
LIABILITY, PROPERTY & WORK COMP
Coverage Per Occ.Limits of Limits of 2009-10 2010-11 2011-12 2012-13 2012-13 2012-13 2012-13 2013-14 2014-15 Renewal
Deductible Liability Liability Agg Contribution Contribution Contribution Per Occ.Limits of Limits of Contribution Contribution Renewal Difference
(Per Occ)Deductible Liability Liability Agg
(Per Occ)
Gen. Liability 100,000$ 5,000,000$ 10,000,000$ 16,119$ 14,407$ 11,023$ 25,000$ 5,000,000$ 10,000,000$14,992$ 14,797$ 14,931$ 134$
Sudden Events
Involving Pollution 2,000,000$ 2,000,000$
Law Enforcement 100,000$ 5,000,000$ 10,000,000$ 15,552$ 15,515$ 13,882$ 25,000$ 5,000,000$ 10,000,000$17,431$ 18,049$ 17,102$ (947)$
Errors & Omissons 100,000$ 10,000,000$10,000,000$ 32,916$ 30,542$ 27,908$ 50,000$ 10,000,000$10,000,000$33,427$ 35,318$ 36,062$ 744$
Auto Liability 100,000$ 5,000,000$ 35,251$ 33,557$ 29,876$ 100,000$ 5,000,000$ 27,040$ 29,311$ 33,040$ 3,729$
Auto Phys Damage 10,000$ per schedule 20,442$ 19,935$ 23,116$ 5,000$ per schedule 29,266$ 30,431$ 32,964$ 2,533$
Auto Catastrophe 4,950$ 4,950$ 5,940$ 10,000$ 6,270$ 6,270$ 6,930$ 660$
RCV for Fire Power Units 10,000$ incl incl incl
Real & Pers. Property 25,000$ per schedule 37,981$ 36,276$ 36,333$ 25,000$ per schedule 39,860$ 43,993$ 45,639$ 1,646$
Mobile Equipment 500$ per schedule 4,064$ 3,631$ 3,631$ 500$ per schedule 3,558$ 4,165$ 4,362$ 197$
Employee Dishonesty 25,000$ 4,000,000$ 3,448$ 3,103$ 3,145$ 25,000$ 4,000,000$ 3,833$ 3,833$ 2,855$ (978)$
Forgery 500$ 50,000$ 197$ 177$ 177$ 500$ 50,000$ incl incl
Theft -$ 50,000$ 150$ 135$ 135$ -$ 50,000$ incl incl
Computer Fraud 500$ 2,000,000$ 418$ 376$ 376$ 500$ 2,000,000$ incl incl
Work Comp 100,000$ statutory 48,913$ 40,292$ 29,331$ 100,000$ statutory 27,261$ 26,878$ 30,789$ 3,911$
Total Contributions (Prem.)220,401$ 202,896$ 184,873$ 202,938$ 213,045$ 224,674$ 11,629$
Equity Returns (17,088)$ (24,300)$ (16,789)$ (17,074)$ (3,653)$ (5,499)$ (1,846)$
Pre-pay discount (6,530)$ (6,087)$ (5,043)$ (4,030)$ (4,261)$ (4,493)$ (232)$
Net Premium Cost 196,783$ 172,509$ 163,041$ 181,834$ 205,131$ 214,682$ 9,551$
Claims (Actual/YTD)138,310$ 132,716$ 372,061$ 421,715$ 181,932$
Total Premiums & Claims 335,093$ 305,225$ 535,102$ 603,549$ 387,063$
Budgeted for premiums 364,615$ 372,150$ 350,791$ 321,482$ 366,276$ 417,735$ 51,459$
& claims
Budgeted vs. Actual 29,522$ 66,925$ (184,311)$ (282,067)$ (20,787)$