HomeMy WebLinkAboutAgenda 09-05-06 Names TabsA G E N D A
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CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, SEPTEMBER 5, 2006 AT 5:00 P.M.
4:00-4:15 P.M. DEMONSTRATION: MODIFYING PROCESS OF AGENDA DISTRIBUTION
4:15-5:00 P.M. WORK SESSION FOR AGENDA REVIEW
I.INVOCATION
– Councilmember Jerry Grable
II.PLEDGE OF ALLEGIANCE –
Councilmember Jerry Grable/Boy Scouts
III.INTRODUCTION OF COUNCIL
– Mayor James H. Holmes, III
IV.INTRODUCTION OF STAFF
– City Manager Bob Livingston
V.AWARDS AND RECOGNITION
DEPARTMENT PINS: Gardener II Jorge Martinez, Park Department, 30 years;
Accounting Manager Judy Martin, Finance Department, 15 years for a total of 45 years of
service to the City of University Park - Livingston
VI. CONSENT AGENDA
A.CONSIDER: Approval of Annual Contract for Utility Parts, Bid #06-04 – Green Tab I
B.CONSIDER: Food Establishment Inspection and Environmental Health Services
Agreement FY2007 – Wilson Tab II
C.CONSIDER: Health Services Agreement with Dallas County Health Department
FY2007 – Wilson Tab III
D.CONSIDER: Approval of City Council Meeting Minutes for August 22, 2006 – Wilson
Tab IV
VII.MAIN AGENDA
A.UPDATE: On TXU Transmission Line Project – Corder Tab V
B.DISCUSS: Residential Speed Limit – Smallwood Tab VI
C.CONSIDER: Request to build secondary structure on lot adjacent to primary property
– Persaud Tab VII
D.CONSIDER: Proposal for construction management of Goar Park/Peek Center
Dispatch improvements – Smallwood Tab VIII
E.CONSIDER: Resolution renewing City Investment Policy – Austin Tab IX
F.CONSIDER: Approval of Agreement with Redflex Traffic Systems, Inc. for Photo
Red Light Enforcement Program – Green Tab X
G.CONSIDER: Changing date of city council meeting from October 17 to October 24 –
Wilson XI
VIII.ITEMS FROM THE FLOOR
Anyone wishing to address an item not on the Agenda or having questions about items on the
Consent Agenda should do so at this time. Questions and comments regarding Main Agenda
items may be made when that item is addressed by the City Council.
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.
IX. INFORMATION AGENDA
Tab XII
REPORTS, BOARD AND COMMITTEE MEETING MINUTES
A.BOARD OF ADJUSTMENT Minutes for July 24, 2006
B.EMPLOYEE BENFITS ADVISORY COMMITTEE
C.FINANCE ADVISORY COMMITTEE
PARK ADVISORY COMMITTEE Minutes for July 25 & August 15, 2006
D.
E.PLANNING & ZONING COMMISSION Minutes for July 17, 2006.
F.PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE
G.PUBLIC SAFETY ADVISORY COMMITTEE
H.PUBLIC WORKS ADVISORY COMMITTEE
I.URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE
J.ZONING ORDINANCE ADVISORY COMMITTEE
K.CAPITAL PROJECTS REVIEW COMMITTEE
AGENDA MEMO
(9/5/06 AGENDA)
DATE:
August 25, 2006
TO:
Honorable Mayor and City Council
FROM:
Christine Green, Purchasing Agent
SUBJECT:
Bid #06-04, Annual Contract for Utility Parts
BID #06-04, ANNUAL CONTRACT FOR UTILITY PARTS
Bid #06-04 for the purchase of utility parts on an annual contract basis was opened July 28, 2006.
This bid was posted on RFP Depot: 1226 vendors received fax or e-mail notice of the bid; 52
vendors viewed the bid; five vendors submitted bids. A sixth bidder, D & W Utility, withdrew its
bid because of numerous errors in the submission.
The recommended bid award is based on the low bid per item as follows:
Municipal Waterworks
Items 1-2; 6-17; 19-30; 32-38; 45-54; 58; 62-63; 99-100; 114; 116; 118; 120-121; 123-124; 126-
136; 165-167; 179-180
Estimated Annual Total =$71,698.88
Metro Valve
Items = 3; 39-44; 55-57; 59-61; 69-70; 77; 119; 122; 125; 137-143; 145-164; 169; 172-175; 177
Estimated Annual Total =$30,095.45
National Waterworks
Items 64-68; 71-76; 78-87; 89-95; 98; 103-113; 115; 117; 178
Estimated Annual Total = $73,052.48
Techline
Items 4-5; 31; 88
Estimated Annual Total = $2,438.71
Ferguson
Items 96-97; 101-102; 144; 168; 170-171; 176
Estimated Annual Total = $5,526.67
OVERALL ESTIMATED TOTAL (IF ALL PARTS ARE PURCHASED) = $182,812.19
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\0604memo.doc
4:35 PM 08/29/06
RECOMMENDATION:
Staff recommends accepting the bids of Municipal Waterworks, MetroValve, National
Waterworks, Techline, and Ferguson in the estimated annual total amount of $182,812.19. A bid
tabulation is attached.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\0604memo.doc
4:35 PM 08/29/06
BID #06-04. ANNUAL CONTRACT FOR UTILITY PARTS. TABULATION
OPENED 10:00 A.M., 7/28106
I I I
FERGUSON TECH LINE MUNICIPAL NATIONAL METRO
WATERWORKS WATERWORKS WATERWORKS VALVE
KEYWORD SHORT AVG. ANN. UNIT EXT. UNIT EXT. UNIT EXT. UNIT EXT. UNIT EXT. LOW
ITEM DESCRIPTION DESCRIPTION USAGE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE BID
COPPER TUBING
1. COPPER:TUBING SOFT-K: ROLL 3/4" X 100FT 400 $ 7.15 $ 2.860.00 4.54 $ 1,816.00 4.29 $ 1,716.00 no bid no bid cost + 4.3% $ 4.29
2. COPPER:TUBING SOFT-K: ROLL 1" X 100FT 2500 $ 9.42 $ 23,550.00 5.99 $ 14,975.00 5.60 $ 14,000.00 no bid no bid cost + 4.3% $ 5.60
TOTAL FOR COPPER TUBING: $ 26,410.00 $ 16,791.00 $ 15,716.00 $ - $ $
DUCTILE IRON PIPE, FITTINGS AND VALVES
3. DI:PIPE 4" X 18 FT-CLASS 51 2 $ 205.80 $ 411.60 219.60 $ 439.20 167.40 $ 334.80 no bid no bid 166.32 $ 332.64 $ 166.32
4. DI:PIPE 6" X 18 FT-CLASS 51 10 $ 218.40 $ 2,184.00 1~6s $ 1,756.80 179.82 $ 1,798.20 no bid no bid 176.58 $ 1,765.80 $ 175.68
5. DI:PIPE 8" X 18 FT-CLASS 51 2 $ 301.00 $ 602.00 240.12 $ 480.24 249.30 $ 498.60 no bid no bid 243.54 $ 487.08 $ 240.12
6. DI:BEND-22.5D 1/16\ 4"MJ X4"MJ - FULL BODY 1 $ 79.95 $ 79.95 75.00 $ 75.00 61.70 $ 61.70 $ 71.75 $ 71.75 65.49 $ 65.49 $ 61.70
7. DI:BEND-22.5D (1/16\ 6"MJ X 6"MJ - FULL BODY 1 $ 102.57 $ 102.57 96.22 $ 96.22 79.18 $ 79.15 $ 92.05 $ 92.05 84.02 $ 84.02 $ 79.15
8. DI:BEND-45D 1/8 4"MJ X 4"MJ - FULL BODY 1 $ 74.88 $ 74.88 70.24 $ 70.24 57.80 $ 57.80 $ 67.20 $ 67.20 61.35 $ 61.35 $ 57.80
9. DI:BEND-45D 1(1/8 6"MJ X 6"MJ - FULL BODY 10 $ 98.28 $ 982.80 92.20 $ 922.00 75.85 $ 758.50 $ 88.20 $ 882.00 80.51 $ 805.10 $ 75.85
10. DI:BEND-45D 1/8 8"MJ X 8"MJ - FULL BODY 4 $ 132.99 $ 531.96 124.76 $ 499.04 102.65 $ 410.60 $ 119.35 $ 477.40 108.94 $ 435.76 $ 102.65
11. DI:BEND-90D (1/4 6"MJ X 6"MJ - FULL BODY 1 $ 109.59 $ 109.59 95.49 $ 95.49 84.60 $ 84.60 $ 98.35 $ 98.35 89.77 $ 89.77 $ 84.60
12. DI:CAP PIPE CAP 4"MJ - FULL BODY 1 $ 31.59 $ 31.59 29.63 $ 29.63 24.35 $ 24.35 $ 28.35 $ 28.35 25.87 $ 25.87 $ 24.35
13. DI:CAP PIPE CAP 6"MJ - FULL BODY 5 $ 43.29 $ 216.45 40.61 $ 203.05 33.40 $ 167.00 $ 38.50 $ 192.50 35.46 $ 177.30 $ 33.40
14. DI:CAP PIPE CAP 8"MJ - FULL BODY 1 $ 60.06 $ 60.06 56.34 $ 56.34 46.35 $ 46.35 $ 53.90 $ 53.90 49.20 $ 49.20 $ 46.35
15. DI:CAP PIPE CAP 12"MJ - FULL BODY 1 $ 103.35 $ 103.35 96.95 $ 96.95 79.75 $ 79.75 $ 92.75 $ 92.75 84.66 $ 84.66 $ 79.75
16. DI:COUPLlNG ANCHOR 6"PE X 6" ANC X 13"L - FULL BODY 10 $ 144.69 $ 1,446.90 no bid no bid 111.65 $ 1,116.50 $ 148.40 $ 1 ,484.00 165.04 $ 1,650.40 $ 111.65
17. DI:COUPLlNG ANCHOR 8"PE X 8"ANC X 13"L - FULL BODY 2 $ 210.60 $ 421.20 no bid no bid 162.55 $ 325.10 $ 216.00 $ 432.00 240.22 $ 480.44 $ 162.55
18. DI:COUPLlNG ANCHOR 10"PE X 10"ANC X 13"L - FULL BODY 2 no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid $
19. DI:COUPLlNG ANCHOR 12"PE X 12"ANC X 13"L - FULL BODY 1 $ 320.19 $ 320.19 no bid no bid 247.15 $ 247.15 $ 328.40 $ 328.40 365 .22 $ 365.22 $ 247.15
20. DI:GLAND KIT RETAINER 4"MJ W/GSKT&BOL TS 12 $ 16.92 $ 203.04 no bid no bid 11.25 $ 135.00 $ 16.90 $ 202.80 11.98 $ 143.76 $ 11.25
21. DI:GLAND KIT RETAINER 6"MJ W/GSKT&BOL TS 100 $ 22.21 $ 2,221.00 no bid no bid 14.75 $ 1,475.00 $ 22.05 $ 2,205.00 15.63 $ 1,563.00 $ 14.75
22. DI:GLAND KIT RETAINER 8"MJ W/GSKT&BOL TS 20 $ 33.00 $ 660.00 no bid no bid 21.50 $ 430.00 $ 32.20 $ 644.00 22.84 $ 456.80 $ 21.50
23, DI:PLUG PIPE PLUG 6"MJ - FULL BODY 1 $ 40.56 $ 40.56 38.05 $ 38.05 31.30 $ 31.30 $ 36.40 $ 36,40 33.22 $ 33.22 $ 31.30
24. DI:PLUG PIPE PLUG 8"MJ - FULL BODY 1 $ 65.13 $ 65.13 61.10 $ 61.1 0 50.25 $ 50.25 $ 58.45 $ 58.45 64.00 $ 64.00 $ 50.25
25. DI:PLUG PIPE PLUG 12"MJ - FULL BODY 1 $ 115.05 $ 115.05 107.93 $ 107.93 88.80 $ 88.80 $ 103.25 $ 103.25 94.25 $ 94.25 $ 88.80
26. DI:SLEEVE-CUTIN 4"MJ X 4"PE - FULL BODY 1 $ 146.00 $ 146.00 no bid no bid 136.65 $ 136.65 $ 181.60 $ 181.60 201.96 $ 201.96 $ 136.65
27. DI:SLEEVE-CUTIN 6"MJ X 6"PE - FULL BODY 7 $ 194,61 $ 1,362.27 no bid no bid 166.75 $ 1,167.25 $ 221.60 $ 1,551.20 246.17 $ 1,723.19 $ 166.75
28. DI:SLEEVE-CUTIN 8"MJ X 8"PE - FULL BODY 2 $ 264.03 $ 528.06 no bid no bid 226.40 $ 452.80 $ 300.80 $ 601.60 334.53 $ 669.06 $ 226.40
29. DI:SLEEVE-SOLlD 4"MJ X 12"L - FULL BODY 5 $ 74.10 $ 370.50 69.51 $ 347.55 57.20 $ 286.00 $ 66.50 $ 332.50 60.70 $ 303.50 $ 57.20
30. DI:SLEEVE-SOLlD 6"MJ X 12"L - FULL BODY 13 $ 108.42 $ 1,409.46 101.71 $ 1,322.23 83.65 $ 1,087.45 $ 97.30 $ 1,264.90 88.82 $ 1,154.66 $ 83.65
31. DI:SLEEVE-SOLlD 8"MJ X 12"L - FULL BODY 1 $ 143.52 $ 143.52 98.05 $ 98.05 110.75 $ 110.75 $ 128.80 $ 128.80 117.57 $ 117.57 $ 98.05
32. DI:SLEEVE-SOLlD 10"MJ X 12"L - FULL BODY 1 $ 172.38 $ 172.38 161.71 $ 161.71 133,05 $ 133.05 $ 154.70 $ 154.70 141.21 $ 141.21 $ 133.05
33. DI:TEE-TAPPED 4"MJ X 2"CC TAP - FULL BODY 1 $ 93.21 $ 93.21 no bid no bid 71.95 $ 71.95 no bid no bid 106.32 $ 106.32 $ 71.95
34. DI:TEE-TAPPED 6"MJ X 2"CC TAP - FULL BODY 2 $ 118.17 $ 236.34 no bid no bid 91.20 $ 182.40 no bid no bid 134.79 $ 269.58 $ 91.20
35. DI:TEE 6"MJ X 4"MJ - FULL BODY 2 $ 167.31 $ 334,62 156.95 $ 313.90 129.15 $ 258.30 $ 150.15 $ 300.30 137.06 $ 274.12 $ 129.15
36. DI:TEE 6"MJ - FULL BODY 4 $ 166.92 $ 667.68 156.59 $ 626.36 128.85 $ 515.40 $ 149.70 $ 598.80 136.74 $ 546.96 $ 128.85
37. DI:TEE 8"MJ X 6"MJ - FULL BODY 2 $ 221.52 $ 443,04 207.80 $ 415.60 171.00 $ 342.00 $ 198.00 $ 396.00 181.47 $ 362.94 $ 171.00
38, DI:TEE-ANCHOR 12"MJ X 6"ANC - FULL BODY 1 $ 488.28 $ 488.28 no bid no bid 381.20 $ 381.20 $ 438.20 $ 438.20 400.00 $ 400.00 $ 381.20
39. DI:GATE VALVE 2"FIP X 2"FIP 5 $ 166.16 $ 830.80 no bid no bid 169.80 $ 849.00 $ 176.60 $ 883.00 132.00 $ 660.00 $ 132.00
40. DI:GATE VALVE 4"MJ X 4"MJ - W/ACCESSORIES 1 $ 291.02 $ 291.02 no bid no bid 297.45 $ 297.45 $ 309.40 $ 309.40 237,51 $ 237.51 $ 237.51
41. DI:GATE VALVE 6"MJ X 6"MJ - W/ACCESSORIES 12 $ 376.72 $ 4,520.64 no bid no bid 385,05 $ 4,620,60 $ 400.00 $ 4,800,00 315.00 $ 3,780.00 $ 315.00
42. DI:GATE VALVE 8"MJ X 8"MJ - W/ACCESSORIES 1 $ 586.07 $ 586.07 no bid no bid 599.00 $ 599.00 $ 623.00 $ 623.00 470,00 $ 470.00 $ 470.00
43. DI:GATE VALVE 10"MJ X 10"MJ - W/ACCESSORIES 1 $ 910,91 $ 910.91 no bid no bid 930.90 $ 930,90 $ 968.00 $ 968.00 756.00 $ 756.00 $ 756.00
44. DI:GATE VALVE 12"MJ X 12"MJ - W/ACCESSORIES 1 $1,151.19 $ 1,151.19 no bid no bid 1,176.65 $ 1,176.65 $ 1,223.00 $ 1,223.00 849.00 $ 849,00 $ 849.00
45. DI:MANHOLE COVER SANITARY 24" #400 B&H 6 $ 109.27 $ 655.62 no bid no bid 86.00 $ 516.00 $ 106.00 $ 636.00 101.60 $ 609,60 $ 86.00
46. DI:MANHOLE RING 24" #40D-24A B&H 6 $ 97.55 $ 585.30 no bid no bid 86.00 $ 516.00 $ 99.88 $ 599.28 95.73 $ 574.38 $ 86.00
47. DI:MANHOLE COVER STORM 24" #400 B&H 1 $ 109.27 $ 109.27 no bid no bid 86.00 $ 86.00 $ 106.00 $ 106.00 101.60 $ 101.60 $ 86.00
48. DI:VALVE BOX ADJ SCREW TYPE 3-PIECE-27"-37" W/LlD 2 $ 71.82 $ 143.64 no bid no bid 32.35 $ 64.70 $ 76.42 $ 152.84 73.25 $ 146.50 $ 32.35
BID #06-04 - ANNUAL CONTRACT FOR UTILITY PARTS - TABULATION
OPENED 10:00 A.M., 7/28106
I I I I
FERGUSON TECHllNE MUNICIPAL NATIONAl METRO
WATERWORKS WATERWORKS WATERWORKS VAlVE
KEYWORD SHORT AVG. ANN. UNIT EXT. UNIT EXT. UNIT EXT. UNIT EXT. UNIT EXT. lOW
ITEM DESCRIPTION DESCRIPTION USAGE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE BID
49. DI:VAlVE BOX STD.2-PIECE-7-1/4' WITOP FLANGE 40 $ 39.40 $ 1 ,576.00 no bid no bid 18.15 $ 726.00 $ 27.00 $ 1,080.00 36.52 $ 1.460.80 $ 18.15
50. DI:METERCAN GAlV WlDllID&RING 24" X 24" RIVETED 10 $ 167.88 $ 1 ,678.80 no bid no bid 100.65 $ 1 ,006.50 $ 165.19 $ 1.651.90 158.33 $ 1.583.30 $ 100.65
51. DI:METERCAN LID 24" BASS & HAYS #55A 1 $ 68.70 $ 68.70 no bid no bid 39.20 $ 39.20 $ 62.94 $ 62.94 60.33 $ 60.33 $ 39.20
52. DI:METERCAN GAlV W/DI RING&lID 18" X 18" RIVETED 360 $ 122.28 $ 44,020.80 no bid no bid 47.00 $ 16,920.00 $ 120.00 $ 43,200.00 115.27 $ 41,497.20 $ 47.00
53. DI:ClEANOUT SANITARY ClEANOUT BOOT/lID - FULL BODY 1 $ 127.10 $ 127.10 no bid no bid 39.20 $ 39.20 $ 122.90 $ 122.90 117.78 $ 117.78 $ 39.20
54. DI:CLEANOUT SANITARY ClEANOUT LID ONLY 2 $ 14.00 $ 28.00 no bid no bid 6.80 $ 13.60 $ 15.00 $ 30.00 12.37 $ 24.74 $ 6.80
TOTAL FOR DUCTILE IRON PIPE, FITTINGS AND VALVES $ 74,663.09 $ 8,312.68 $ 41,826.50 $ 69,947.41 $ 68,514.94 $ 8,312.68
FIRE HYDRANT:
55. FIRE HYDRANT: EXTENSION 6" CLOW FH 6 no bid no bid no bid no bid 228.55 $ 1,371.30 no bid no bid 192.00 $ 1.152.00 $ 192.00
56. FIRE HYDRANT: EXTENSION 12" CLOW FH 1 no bid no bid no bid no bid 270.10 $ 270.10 no bid no bid 240.35 $ 240.35 $ 240.35
57. FIRE HYDRANT: EXTENSION 24" CLOW FH 1 no bid no bid no bid no bid 346.30 $ 346.30 no bid no bid 308.00 $ 308.00 $ 308.00
58. FIRE HYDRANT: EXTENSION GASKET KIT - WIBOL TS 10 no bid no bid no bid no bid 35.00 $ 350.00 no bid no bid 120.00 $ 1.200.00 $ 35.00
59. FIRE HYDRANT: 36" BURY WITH 5-1/4" DAl SPEC STMR NZZL 4 $1,146.32 $ 4,585.28 no bid no bid 1,182.10 $ 4.728.40 $1,186.40 $ 4,745.60 993.00 $ 3,972.00 $ 993.00
60. FIRE HYDRANT: 48' BURY WITH 5-1/4" DAL SPEC STMR NZZL 4 $ 1,202.23 $ 4,808.92 no bid no bid 1,240.05 $ 4,960.20 $ 1,244.80 $ 4,979.20 1,035.00 $ 4,140.00 $ 1,035.00
61. FIRE HYDRANT: 60' BURY WITH 5-1/4" DAL SPEC STMR NZZL 3 $1,258.03 $ 3,774.09 no bid no bid 1,297.30 $ 3.891.90 $ 1,302.00 $ 3,906.00 1 065.00 $ 3,195.00 $ 1,065.00
62. FIRE HYDRANT: FIRE HYDRANT CAP - CLOW 6 no bid no bid no bid no bid 50.00 $ 300.00 no bid no bid 84.00 $ 504.00 $ 50.00
63. FIRE HYDRANT: "NOT IN SERVICE' BAG-POUCH OF 8 5 no bid no bid no bid no bid 40.00 $ 200.00 no bid no bid no bid no bid $ 40.00
TOTAl FOR FIRE HYDRANTS: $ 13,168.29 $ - $ 16,418.20 $13,630.80 $14,711.35 $ -
WATER METERS AND PARTS
64. METER:WATER SR SIB" X 3/4" 6IBOX 120 no bid no bid no bid no bid no bid no bid $ 68.22 $ 8,186.40 no bid no bid $ 68.22
65. METER:WATER SR l' 2IBOX 300 no bid no bid no bid no bid no bid no bid $ 141.20 $ 42,360.00 no bid no bid $ 141.20
66. METER:WATER SR 1-1/2" 1IBOX 1 no bid no bid no bid no bid no bid no bid $ 352.74 $ 352.74 no bid no bid $ 352.74
67. METER:WATER SR 2" 1IBOX 4 no bid no bid no bid no bid no bid no bid $ 58.90 $ 235.60 no bid no bid $ 58.90
68. METER:WATER SRH 2" COMPOUND 1IBOX 2 no bid no bid no bid no bid no bid no bid $J.,224.fi5 $ 2,449.30 no bid no bid $ 1,224.65
TOTAl FOR WATER METERS AND PARTS $ $ - $ $ 53,584.04 $ $
WATER METER INSTALLATION PARTS, VAlVES AND FITTINGS
69. MTR:FLANGE-KIT 1.50" WI GASKET & BOLTS 6 $ 32.80 $ 196.80 no bid no bid 32.60 $ 195.60 $ 49.62 $ 297.72 16.25 $ 97.50 $ 16.25
70. MTR:FLANGE-KIT 2.00" WI GASKET & BOLTS 13 $ 38.48 $ 500.24 no bid no bid 34.40 $ 447.20 $ 51.02 $ 663.26 18.50 $ 240.50 $ 18.50
71. MTR:COUPlING 3/4" FIM METER X 1"M METER 21 $ 4.91 $ 103.11 6.65 $ 139.65 9.65 $ 202.65 $ 4.83 $ 101.43 10.05 $ 211.05 $ 4.83
72. MTR:COUPlING 3/4"MIP X 314"METER 50 $ 4.58 $ 229.00 5.11 $ 255.50 4.90 $ 245.00 $ 4.51 $ 225.50 5.12 $ 256.00 $ 4.51
73. MTR:COUPlING 1"MIP X l' METER 200 $ 7.05 $ 1,410.00 7.85 $ 1,570.00 7.60 $ 1,520.00 $ 6.93 $ 1,386.00 7.88 $ 1,576.00 $ 6.93
74. MTR:COUPlING 90D 314"MIP X 3/4'METER 15 $ 7.04 $ 105.60 7.49 $ 112.35 7.25 $ 108.75 $ 6.92 $ 103.80 7.51 $ 112.65 $ 6.92
75. MTR:COUPlING 90D 1"MIP X 1" METER 20 $ 10.06 $ 201.20 10.71 $ 214.20 10.35 $ 207.00 $ 9.90 $ 198.00 10.73 $ 214.60 $ 9.90
76. MTR:RISER RESETTER- SIB" X 3/4". 5 $ 44.76 $ 223.80 no bid no bid 45.55 $ 227.75 $. 44.Q1 $ 220.05 47.25 $ 236.25 $ 44.01
77. MTR:RISER RESETTER - 1'. 12 $ 87.01 $ 1,044.12 no bid no bid 87.00 $ 1,044.00 $ 85.56 $ 1,026.72 72.00 $ 864.00 $ 72.00
78. MTR:TOP-STOP 90D 3/4"CTS X 5/8" MTR 50 $ 19.59 $ 979.50 23.28 $ 1,164.00 20.20 $ 1,010.00 $1'927 $ 963.50 20.91 $ 1,045.50 $ 19.27
79. MTR:TOP-STOP 90D 1" CTS X 1" MTR 171 $ 26.84 $ 4,589.64 59.67 $ 10,203.57 27.65 $ 4,728.15 $ 26.39 $ 4,512.69 28.62 $ 4,894.02 $ 26.39
80. MTR:TOP-STOP 90D 3/4"FIP X SIB" MTR 100 $ 14.61 $ 1,461.00 19.66 $ 1,966.00 15.80 $ 1,580.00 $ 14.37 $ 1,437.00 16.35 $ 1,635.00 $ 14.37
81. MTR:TOP-STOP 90D 1"FIP X 1"MTR 60 $ 22.36 $ 1,341.60 55.60 $ 3,336.00 24.30 $ 1 ,458.00 $ 21.99 $ 1,319.40 25.07 $ 1,504.20 $ 21.99
82. MTR:CORP STOP 3/4"CTS X 3/4" CC THREAD 20 $ 16.48 $ 329.60 17.54 $ 350.80 17.00 $ 340.00 $ 16.21 $ 324.20 17.60 $ 352.00 $ 16.21
83. MTR:CORP STOP 1"CTS X 1'CC THREAD 180 $ 24.96 $ 4,492.80 26.55 $ 4,779.00 25.70 $ 4,626.00 $ 24.54 $ 4,417.20 26.61 $ 4,789.80 $ 24.54
84. MTR:U-CONNECT 3/4"CTS X3/4'MIP X 314" MIP X 7-1/2". 1 $ 19.26 $ 19.26 21.60 $ 21.60 22.85 $ 22.85 $ 18.94 $ 18.94 23.67 $ 23.67 $ 18.94
85. MTR:COUPlING 3/4"CTS X3/4'CTS 25 $ 9.21 $ 230.25 9.57 $ 239.25 9.25 $ 231.25 $ 9.06 $ 226.50 9.59 $ 239.75 $ 9.06
86. MTR:COUPlING 3/4"CTS X 1'CTS 10 $ 10.16 $ 101.60 10.95 $ 109.50 10.75 $ 107.50 $ 10.00 $ 100.00 11.14 $ 111.40 $ 10.00
87. MTR:COUPlING 1'CTS X 1'CTS 20 $ 10.05 $ 201.00 10.95 $ 219.00 10.60 $ 212.00 $. 9.88 $ 197.60 10.97 $ 219.40 $ 9.88
88. MTR:COUPlING 1-1/4"CTS X 1-1/4"CTS 6 $ 26.11 $ 156.66 1Z.2'1i $ 103.62 17.40 $ 104.40 $ 25.68 $ 154.08 17.33 $ 103.98 $ 17.27
89. MTR:COUPlING 1-1/2"CTS X 1-1/2"CTS 6 $ 32.15 $ 192.90 33.46 $ 200.76 32.40 $ 194.40 $ 31.62 $ 189.72 33.57 $ 201.42 $ 31.62
90. MTR:COUPlING 2"CTS X 2"CTS 6 $ 43.43 $ 260.58 45.18 $ 271.08 43.75 $ 262.50 $ 42.70 $ 256.20 45.32 $ 271.92 $ 42.70
BID #06-04 - ANNUAL CONTRACT FOR UTILITY PARTS - TABULATION
OPENED 10:00 A.M., 7/28106
I 1 1 I
FERGUSON TECH LINE MUNICIPAL NATIONAL METRO
WATERWORKS WATERWORKS WATERWORKS VALVE
KEYWORD SHORT AVG. ANN. UNIT EXT. UNIT EXT. UNIT EXT. UNIT EXT. UNIT EXT. LOW
ITEM DESCRIPTION DESCRIPTION USAGE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE BID
91. MTR:COUPLlNG 3/4"CTS X 3/4"MIP 10 $ 7.55 $ 75.50 7.84 $ 78.40 7.60 $ 76.00 $ 7.42 $ 74.20 7.88 $ 78.80 $ 7.42
92. MTR:COUPLlNG 1 "CTS X l"MIP 1 $ 8.92 $ 8.92 9.31 $ 9.31 9.00 $ 9.00 $ 8.77 $ 8.77 9.34 $ 9.34 $ 8.77
93. MTR:COUPLlNG l"CTS X3I4'MIP 1 $ 7.80 $ 7.80 8.70 $ 8.70 8.30 $ 8.30 $ 7.68 $ 7.68 8.60 $ 8.60 $ 7.68
94. MTR:COUPLlNG 1-1/2'CTS X 1-1/2"MIP 3 $ 22.39 $ 67.17 23.29 $ 69.87 22.55 $ 67.65 $ 22.01 $ 66.03 23.36 $ 70.08 $ 22.01
95. MTR:COUPLlNG 2"CTS X 2'MIP 8 $ 32.61 $ 260.88 33.95 $ 271.60 32.90 $ 263.20 $ 32.07 $ 256.56 34.05 $ 272.40 $ 32.07
96. MTR:COUPLlNG 3/4"IPS X 314"MIP 1 $-g~2'7 $ 9.27 no bid no bid 10.05 $ 10.05 $ 10.25 $ 10.25 10.43 $ 10.43 $ 9.27
97. MTR:COUPLlNG l"IPS X l"MIP 2 $--!J2.3 $ 29.06 no bid no bid 15.70 $ 31.40 $ 16.08 $ 32.16 15.16 $ 30.32 $ 14.53
98. MTR:COUPLlNG 314"CTS X3/4"FIP 40 $ 8.09 $ 323.60 8.26 $ 330.40 8.00 $ 320.00 $ 7.96 $ 318.40 8.28 $ 331.20 $ 7.96
99. MTR:COUPLlNG 3/4"CTS X l"FIP 2 $ 9.45 $ 18.90 9.82 $ 19.64 9.<m $ 18.80 $ 10.46 $ 20.92 9.76 $ 19.52 $ 9.40
100. MTR:COUPLlNG l"CTS X l"FIP 25 $ 11.57 $ 289.25 11.21 $ 280.25 10.85 $ 271.25 $ 11.38 $ 284.50 11.24 $ 281.00 $ 10.85
101. MTR:COUPLlNG l"CTS X 3/4'FIP 1 $ 9.36 $ 9.36 9.73 $ 9.73 9.50 $ 9.50 $ 10.35 $ 10.35 9.87 $ 9.87 $ 9.36
102. MTR:COUPLlNG 1-1/4"CTS X 1-1/4'FIP 3 $. 17.97 $ 53.91 no bid no bid 18.10 $ 54.30 $ 19.88 $ 59.64 18.77 $ 56.31 $ 17.97
103. MTR:COUPLlNG 1-1/2"CTS X 1-1/2'FIP 6 $ 171.72 $ 1,030.32 29.79 $ 178.74 28.75 $ 172.50 $ 28.14 $ 168.84 29.88 $ 179.28 $ 28.14
104. MTR:COUPLlNG 2"CTS X 2"FIP 3 $ 34.11 $ 102.33 35.49 $ 106.47 34.35 $ 103.05 $ 33.54 $ 100.62 35.58 $ 106.74 $ 33.54
105. MTR:COUPLlNG l"IPS X l"FIP 3 $ 12.72 $ 38.16 no bid no bid 15.40 $ 46.20 $ 12.51 $ 37.53 13.05 $ 39.15 $ 12.51
106. MTR:COUPLlNG 900 3/4"CTS X 3/4"CTS 25 $ 11.32 $ 283.00 12.35 $ 308.75 11.95 $ 298.75 $ 11.13 $ 278.25 12.40 $ 310.00 $ 11.13
107. MTR:COUPLlNG 900 l"CTS X l"CTS 10 $ 14.53 $ 145.30 15.88 $ 158.80 15.35 $ 153.50 $ 14.29 $ 142.90 15.93 $ 159.30 $ 14.29
108. MTR:COUPLlNG 900 1-1/2"CTS X 1-1/2"CTS 5 $ 44.80 $ 224.00 46.62 $ 233.10 45.15 $ 225.75 $ 44.06 $ 220.30 46.75 $ 233.75 $ 44.06
109. MTR:COUPLlNG 900 2"CTS X 2"CTS 5 $ 90.64 $ 453.20 94.31 $ 471.55 91.35 $ 456.75 $ 89.12 $ 445.60 94.59 $ 472.95 $ 89.12
110. MTR:COUPLlNG 900 3/4"CTS X 3/4"MIP 16 $ 7.85 $ 125.60 8.60 $ 137.60 8.30 $ 132.80 $ 7.72 $ 123.52 8.63 $ 138.08 $ 7.72
111. MTR:COUPLlNG 900 1 "CTS X l"MIP 10 $ 13.56 $ 135.60 14.31 $ 143.10 13.85 $ 138.50 $ 13.38 $ 133.80 14.35 $ 143.50 $ 13.38
112. MTR:COUPLlNG 900 1-1/2"CTS X 1-1/2'MIP 3 $ 36.52 $ 109.56 37.99 $ 113.97 36.80 $ 110.40 $ 35.91 $ 107.73 38.11 $ 114.33 $ 35.91
113. MTR:COUPLlNG 90D.2"CTS X 2"MIP 5 $ 52.33 $ 261.65 54.96 $ 274.80 52.75 $ 263.75 $. 51.46 $ 257.30 54.61 $ 273.05 $ 51.46
114. MTR:COUPLlNG 900 314"CTS X 3/4 'FIP 20 $ 11.66 $ 233.20 11.14 $ 222.80 10.80 $ 216.00 $ 11.47 $ 229.40 11.18 $ 223.60 $ 10.80
115. MTR:COUPLlNG 900 1 "CTS X l"FIP 10 $ 17.51 $ 175.10 18.18 $ 181.80 17.60 $ 176.00 $. 17.22 $ 172.20 18.25 $ 182.50 $ 17.22
116. MTR:COUPLlNG 900 1-1/2"CTS X 1-1/2"FIP 2 $ 40.43 $ 80.86 no bid no bid '1.75 $ 9.50 $ 40.87 $ 81.74 42.18 $ 84.36 $ 4.75
117. MTR:COUPLlNG 900 2"CTS X 2'FIP 2 $ 46.62 $ 93.24 no bid no bid 58.25 $ 116.50 $ '15.84 $ 91.68 60.31 $ 120.62 $ 45.84
TOTAL FOR WATER METER INSTAllATION PARTS, VALVES & FITTINGS $ 23,015.00 $ 28,865.26 $ 22,834.40 $ 22,080.38 $ 23,159.69
PIPE REPAIR CLAMPS:
118. PIPE:ClAMP REPAIR CLAMP 2"(2.35-2.63) X 15'. 1 $ 37.56 $ 37.56 83.75 $ 83.75 37.55 $ 37.55 $ 48.08 $ 48.08 46.22 $ 46.22 $ 37.55
119. PIPE:CLAMP REPAIR CLAMP 4"(4.74-5.14) X 12-1/2" W/l"CC 8 $ 70.21 $ 561.68 91.40 $ 731.20 70.10 $ 560.80 $ 73.20 $ 585.60 58.77 $ 470.16 $ 58.77
120. PIPE:CLAMP REPAIR CLAMP 4"(4.74-5.14 X20". 20 $ 64.48 $ 1,289.60 154.12 $ 3,082.40 64.45 $ 1,289.00 $ 84.44 $ 1,688.80 73.88 $ 1,477.60 $ 64.45
121. PIPE:CLAMP REPAIR CLAMP 4"(4.74-5.14 X 30". 1 $ 97.43 $ 97.43 252.22 $ 252.22 97.40 $ 97.40 $ 130.07 $ 130.07 108.43 $ 108.43 $ 97.40
122. PIPE:CLAMP REPAIR CLAMP 6"(6.84-7.24 X 12-1/2" W/l"CC 10 $ 75.56 $ 755.60 109.94 $ 1,099.40 75.451 $ 754.50 $ 82.74 $ 827.40 67.0.9 $ 670.90 $ 67.09
123. PIPE:CLAMP REPAIR CLAMP 6'(6.84-7.24 X 20". 48 $ 77.19 $ 3,705.12 182.90 $ 8,779.20 77.151 $ 3,703.20 $ 101.10 $ 4,852.80 84.77 $ 4.068.96 $ 77.15
124. PIPE:CLAMP REPAIR CLAMP 6"(6.84-7.24 X30". 15 $ 112.46 $ 1,686.90 230.16 $ 3,452.40 112.45. $ 1,686.75 $ 147.32 $ 2,209.80 124.58 $ 1,868.70 $ 112.45
125. PIPE:CLAMP REPAIR CLAMP 8"(8.99-9.39 X 12-1/2' W/l"CC 1 $ 84.97 $ 84.97 129.48 $ 129.48 84.251 $ 84.25 $ 94.37 $ 94.37 75.99 $ 75.99 $ 75.99
126. PIPE:ClAMP REPAIR CLAMP 8" X 15". 1 $ 65.40 $ 65.40 147.96 $ 147.96 65.35 $ 65.35 $ 85.69 $ 85.69 68.49 $ 68.49 $ 65.35
127. PIPE:CLAMP REPAIR CLAMP 8"(8.99-9.39) X 20'. 4 $ 88.95 $ 355.80 209.61 $ 838.44 88.90 $ 355.60 $ 118.71 $ 474.84 97.54 $ 390.16 $ 88.90
128. PIPE:CLAMP REPAIR CLAMP 8"(8.99-9.39) X 30". 4 $ 125.19 $ 500.76 344.08 $ 1 ,376.32 125.15 $ 500.60 $ 167.08 $ 668.32 148.42 $ 593.68 $ 125.15
129. PIPE:CLAMP REPAIR CLAMP 10" (11.04-11.441 X 20". 2 $ 115.78 $ 231.56 258.79 $ 517.58 115.75 $ 231.50 $ 143.06 $ 286.12 no bid no bid $ 115.75
TOTAL FOR PIPE REPAIR CLAMPS: $ 9,372.38 $ 20,490.35 $ 9,366.50 $11,951.89 $ 9,839.29
PVC PIPE AND FITTINGS
130. PVC:PIPE SDR35 'I" X 13 FT, 14' or 20' 1800 $ 1.04 $ 1,872.00 1.13 $ 2,034.00 0.98 $ 1,764.00 no bid no bid cost + 4% $ 0.98
131. PVC:PIPE SDR35 6" X 13 FT, 14' or 20' 4500 $ 2.20 $ 9,900.00 2.46 $ 11,070.00 2.16 $ 9,720.00 no bid no bid cost + 4% $ 2.16
132. PVC:PIPE SDR358"X13FT 850 $ 4.00 $ 3,400.00 4.41 $ 3,748.50 3.87 $ 3,289.50 no bid no bid cost + 4% $ 3.87
133. PVC:PIPE SDR3510"X13FT 130 $ 6.68 $ 868.40 6.92 $ 899.60 6.07 $ 789.10 no bid no bid cost + 4% $ 6.07
134. PVC:PIPE SDR3512'X13FT 13 $ 9.01 $ 117.13 9.94 $ 129.22 8.71 $ 113.23 no bid no bid cost + 4% $ 8.71
135. PVC:PIPE SDR26 CL160 IPS 'I' x 20 FT 80 $ 1.63 $ 130.40 1.62. $ 129.60 1.41 $ 112.80 no bid no bid cost + 4% $ 1.41
BID #06-04 - ANNUAL CONTRACT FOR UTILITY PARTS - TABULATION
OPENED 10:00 A.M., 7/28/06
T I I
FERGUSON TECH LINE MUNICIPAL NATIONAL METRO
WATERWORKS WATERWORKS WATERWORKS VALVE
KEYWORD SHORT AVG. ANN. UNIT EXT. UNIT EXT. UNIT EXT. UNIT EXT. UNIT EXT. LOW
ITEM DESCRIPTION DESCRIPTION USAGE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE BID
136. PVC:PIPE SDR26 CL 160 IPS 8' X 20 FT 80 $ 5.72 $ 457.60 3.50 $ 280.00 5.21 $ 416.80 no bid no bid cost + 4% $ 3.50
137. RUBBER-COUPLING 4'CLAY X 4'PVC/CI 22 $ 4.80 $ 105.60 3.44 $ 75.68 3.00 $ 66.00 $ 3.56 $ 78.32 2.87 $ 63.14 $ 2.87
138. RUBBER-COUPLING 6'CLAY X 6'PVCICI 260 $ 10.27 $ 2,670.20 7.37 $ 1,916.20 6.55 $ 1,703.00 $ 7.62 $ 1,981.20 6.04 $ 1 ,570.40 $ 6.04
139. RUBBER-COUPLING 8'CLAY X 8'PVCICI 24 $ 15.80 $ 379.20 11.33 $ 271.92 10.05 $ 241.20 $ 11.68 $ 280.32 9.25 $ 222.00 $ 9.25
140. RUBBER-COUPLING OFFSET 6'CLAY X 4'PVCICI 37 no bid no bid no bid no bid 31.55 $ 1,167.35 $ 10.06 $ 372.22 7.42 $ 274.54 $ 7.42
141. RUBBER-COUPLING 4'PVCICI X 4'PVCICI 40 $ 4.80 $ 192.00 3.44 $ 137.60 3.00 $ 120.00 $ 3.56 $ 142.40 2.8fi $ 114.80 $ 2.87
142. RUBBER-COUPLING 6'PVCICI X 6'PVCICI 10 $ 10.27 $ 102.70 7.37 $ 73.70 6.55 $ 65.50 $ 7.63 $ 76.30 6.M $ 60.40 $ 6.04
143. RUBBER-COUPLING 8'PVC/CI X 8'PVCICI 10 $ 15.80 $ 158.00 11.33 $ 113.30 10.05 $ 100.50 $ 11.68 $ 116.80 9.25 $ 92.50 $ 9.25
144. PVC:BEND-22.5D 4' B-B IPS SDR26 CL 160 6 ~ 22.50 $ 135.00 no bid no bid 26.75 $ 160.50 $ 28.24 $ 169.44 24.05 $ 144.30 $ 22.50
145. PVC:BEND-22.5D 4' B-B IPS SDR26 CL160 6 $ 65.00 $ 390.00 no bid no bid 26.75 $ 160.50 $ 28.24 $ 169.44 24.05 $ 144.30 $ 24.05
146. PVC:BEND-45D 4' B-B IPS SDR26 CL 160 6 $ 34.41 $ 206.46 no bid no bid 26.75 $ 160.50 $ 28.24 $ 169.44 24.05 $ 144.30 $ 24.05
147. PVC:BEND-45D 4' B-B IPS SDR26 CL160 6 $ 57.89 $ 347.34 no bid no bid 29.95 $ 179.70 $ 28.24 $ 169.44 24.05 $ 144.30 $ 24.05
148. PVC:BEND-22.5D 4'BELL X 4'BELL 24 $ 4.94 $ 118.56 5.75 $ 138.00 4.65 $ 111.60 $ 4.94 $ 118.56 4.44 $ 106.56 $ 4.44
149. PVC:BEND-22.5D 6'BELL X 6'BELL 2 $ 9.74 $ 19.48 11.32 $ 22.64 9.25 $ 18.50 $ 9.76 $ 19.52 8,n $ 17.54 $ 8.77
150. PVC:BEND-22.5D 8'BELL X 8'BELL 1 $ 28.36 $ 28.36 32.97 $ 32.97 26.90 $ 26.90 $ 28.42 $ 28.42 25.33 $ 25.33 $ 25.33
151. PVC:BEND-22.5D 4'BELL X 4'SPIGOT 90 $ 4.70 $ 423.00 5.47 $ 492.30 4.45 $ 400.50 $ 4.71 $ 423.90 4.2~ $ 381.60 $ 4.24
152. PVC:BEND-22.5D 6'BELL X 6'SPIGOT 1 $ 9.25 $ 9.25 10.75 $ 10.75 8.75 $ 8.75 $ 9.25 $ 9.25 8.31 $ 8.31 $ 8.31
153. PVC:BEND-45D 4'BELL X 4'SPIGOT 50 $ 4.45 $ 222.50 5.18 $ 259.00 4.20 $ 210.00 $ 4.46 $ 223.00 4.00 $ 200.00 $ 4.00
154. PVC:BEND-45D 4'BELL X 4'BELL 64 $ 4.95 $ 316.80 5.76 $ 368.64 4.65 $ 297.60 $ 4.96 $ 317.44 4.45 $ 284.80 $ 4.45
155. PVC:BEND-45D 8'BELL X 8'BELL 1 $ 28.11 $ 28.11 32.69 $ 32.69 26.65 $ 26.65 $ 28.14 $ 28.14 25.29 $ 25.29 $ 25.29
156. RUBBER-CAP FAST CAP-4.00'ID X 1.25' PVCICI 75 $ 2.85 $ 213.75 no bid no bid 1.60 $ 120.00 $ 2.15 $ 161.25 1.32 $ 99.00 $ 1.32
157. PVC:COUPLlNG 10' BELL-BELL SRD35 W/O STOP 2 $ 46.01 $ 92.02 53.51 $ 107.02 43.60 $ 87.20 $ 46.07 $ 92.14 41.39 $ 82.78 $ 41.39
158. PVC:COUPLlNG 12' BELL-BELL SRD35 W/O STOP 2 $ 66.85 $ 133.70 77.75 $ 155.50 63.35 $ 126.70 $ 66.90 $ 133.80 60.11 $ 120.22 $ 60.11
159. PVC:COUPLlNG 4' BELL-BELL SRD35 W/O STOP 15 $ 6.12 $ 91.80 7.11 $ 106.65 5.80 $ 87.00 $ 6.13 $ 91.95 5.50 $ 82.50 $ 5.50
160. PVC:COUPLlNG 6' BELL-BELL SRD35 W/O STOP 150 $ 12.21 $ 1,831.50 14.19 $ 2,128.50 11.55 $ 1,732.50 $ 12.24 $ 1,836.00 10.991 $ 1,648.50 $ 10.99
161. PVC:COUPLlNG 8' BELL-BELL SRD35 WIO STOP 25 $ 20.74 $ 518.50 24.11 $ 602.75 19.65 $ 491.25 $ 25.76 $ 644.00 18.65l $ 466.25 $ 18.65
162. PVC:TEST PLUG 4'-WIWING NUT 35 $ 5.13 $ 179.55 no bid no bid 4.60 $ 161.00 $ 4.50 $ 157.50 4.20 $ 147.00 $ 4.20
163. PVC:TEST PLUG 6'-WIWING NUT 41 $ 13.92 $ 570.72 no bid no bid 12.50 $ 512.50 $ 11.90 $ 487.90 9.10 $ 373.10 $ 9.10
164. PVC:TEST PLUG 8'-WIWING NUT 2 $ 32.40 $ 64.80 no bid no bid 23.65 $ 47.30 $ 22.50 $ 45.00 15.M $ 30.08 $ 15.04
165. PVC:TEST PLUG 4'MIP-W/MALE SOU DRIVE 5 $ 1.93 $ 9.65 no bid no bid 1.30 $ 6.50 $ 4.45 $ 22.25 3.50 $ 17.50 $ 1.30
166. PVC:TEMP.CAP 4' (FLOWER pon 20 no bid no bid no bid no bid 2.00 $ 40.00 no bid no bid 2.80 $ 56.00 $ 2.00
167. PVC:TEMP.CAP 6' (FLOWER pon 10 no bid no bid no bid no bid 2.95 $ 29.50 no bid no bid 3.60 $ 36.00 $ 2.95
168. PVC:TEE SANITARY 8 X 41PS SDR26 CL 160 4 ~ 52.36 $ 209.44 no bid no bid 106.25 $ 425.00 $ 71.00 $ 284.00 85.32 $ 341.28 $ 52.36
169. PVC:TEE STRAIGHT 8' X 4' BELL SDR35 8 $ 25.94 $ 207.52 30.18 $ 241.44 24.60 $ 196.80 $ 26.00 $ 208.00 23.~ $ 186.72 $ 23.34
170. PVC:TEE SANITARY 6' X 6' BELL SDR35 1 $ 17l'8 $ 17.18 19.97 $ 19.97 22.75 $ 22.75 $ 21.00 $ 21.00 21.61 $ 21.61 $ 17.18
171. PVC:TEE SANITARY 6' X 4' BELL SDR35 150 $. 16.80 $ 2,520.00 19.54 $ 2,931.00 19.55 $ 2,932.50 $ 20.60 $ 3,090.00 18.54 $ 2,781.00 $ 16.80
172. PVC:TEE SANITARY 8' X 4' BELL SDR35 8 $ 25.94 $ 207.52 30.18 $ 241.44 24.75 $ 198.00 $ 26.14 $ 209.12 23.48 $ 187.84 $ 23.48
173. PVC:WYE 6' X 6' BELL SDR35 1 $ 19.59 $ 19.59 22.78 $ 22.78 18.55 $ 18.55 $ 19.61 $ 19.61 17.62 $ 17.62 $ 17.62
174. PVC:WYE 6' X 4' BELL SDR35 5 $ 17.30 $ 86.50 20.12 $ 100.60 16.40 $ 82.00 $ 17.30 $ 86.50 15.56 $ 77.80 $ 15.56
175. PVC:WYE 8' X 4' BELL SDR35 3 $ 25.82 $ 77.46 30.01 $ 90.03 24.45 $ 73.35 $ 25.90 $ 77.70 23.22 $ 69.66 $ 23.22
TOTAL FOR PVC PIPE & FITTINGS: $ 29,649.29 $ 28,983.99 $ 28,821.08 $ 12,561.27 $ 10,866.87
TOOLS
176. TOOL DRILLlTAP-1'XCC 13 ~ 195.65 $ 2,543.45 no bid no bid no bid no bid $ 243.00 $ 3,159.00 no bid no bid $ 195.65
177. TOOL PROBING ROD 4' 20 $ 36.62 $ 732.40 no bid no bid 13.00 $ 260.00 $ 22.90 $ 458.00 12.95 $ 259.00 $ 12.95
178. TAPE PVC PIPE WRAP 2'X 100FT X 10MIL 48 $ 3.71 $ 178.08 no bid no bid 6.05 $ 290.40 $ 3.20 $ 153.60 3.25 $ 156.00 $ 3.20
179. TOOL 45D METER BOX KEY I CORP WRENCH 3 no bid no bid no bid no bid 7.20 $ 21.60 no bid no bid no bid no bid $ 7.20
180. TOOL METER BOX KEY BRASS 48 $ 6.25 $ 300.00 no bid no bid 3,20 $ 153.60 $ 7.15 $ 343.20 6.42 $ 308.16 $ 3.20
I
TOTAL FOR TOOLS: $ 3,753.93 $ 1$ 725.60 $ 4,113.80 $ 723.16
19
AGENDA MEMO
(09/05/06 AGENDA)
DATE:
August 21, 2006
TO:
Honorable Mayor and City Council
Nina WilsoJ>>J
City Secretary
FROM:
SUBJECT:
FOOD ESTABLISHMENT INSPECTION & ENVIRONMENTAL
HEAL TH SERVICES AGREEMENT FY 2007
ITEM: Attached is an agreement for October 1, 2006 through September 30, 2007
for food establishment inspections and environmental health services between the Dallas
County Department of Health and Human Services and the City of University Park
RECOMMENDATION: It is staffs recommendation that this agreement be approved.
ATTACHMENTS: Agreement
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
STATE OF TEXAS
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INTERLOCAL AGREEMENT FOR FOOD
ESTABLISHMENT INSPECTION AND
ENVIRONMENTAL HEALTH SERVICES
BETWEEN DALLAS COUNTY, ON BEHALF
OF DALLAS COUNTY HEALTH AND
HUMAN SERVICES, AND CITYITOWN
1. PARTIES
This Interlocal Agreement ("Agreement") is made by and between the CitylTown of UNIVERSITY
PARK, Texas ("CitylTown"), a governmental entity, and Dallas County ("County"), on behalf of Dallas
County Health and Human Services ("DCHHS"), also a governmental entity, pursuant to the
authorities granted by Texas Local Government Code Chapter 791, Interlocal Cooperation Act,
Texas Health and Safety Code Chapters 437, Food and Drug Health Regulations, and 121, Local
Regulation of Public Health, and any other applicable laws, as well as the CitylTown ordinance for
inspection services of food establishments within CitylTown's jurisdiction and other environmental
health services to CitylTown.
2. TERM
This Agreement is effective from October 1,2006 through September 30,2007, unless otherwise
stated in this Agreement.
3. INSPECTION SERVICES AND REQUIREMENTS
A. County will perform a minimum of two (2) inspections per Agreement Term of each food
establishment for which the CitylTown has submitted an inspection request and for which a
fee has been collected from the said food establishment;
B. Additional follow-up inspections will be performed as deemed necessary by County;
C. Any additional request for follow-up inspections by CitylTown of food establishments,
including food establishments that are closed due to non-compliance with the State and
other applicable rules and regulations will be charged additional fees;
D. Each food establishment inspection will be made by a Registered Professional Sanitarian
employed by DCHHS, in compliance with all state laws and regulations;
E. An examination of the following will be made during each inspection: food and food
protection; personnel; food equipment and utensils; water source; sewage; plumbing; toilet
and hand-washing facilities; garbage and refuse disposal; insect, rodent, and animal control;
floors, walls, and ceiling; light; ventilation; and other operations.
4. BUDGET AND PAYMENT TO COUNTY
A. CitylT own will collect and submit to the County a minimum of One Hundred Fifty and 00/100
Dollars ($150.00) per Agreement Term.
B. Beginning with the third food establishment inspection, CitylTown will pay a Seventy Five
and 00/100 Dollars ($75.00) fee for each additional inspection requested by CitylTown.
C. CitylTown will collect Seventy Five and 00/100 Dollars ($75.00) to be paid to the County for
1
a re-opening or inspection fee of a food establishment that has been closed due to non-
compliance of Chapter 437 of the Texas Health and Safety Code, or any other state rules
and regulations.
D. The fees are subject to change, upon prior written notice toCity/Town, if additional cost is
associated with the services under this Agreement
E. City/Town shall pay County the stipulated fees within thirty (30) days of the monthly request
for payment, or if County fails to make the payment request, then City/Town shall pay the
stipulated fees no later than the last date of this Agreement Term. Any payment not made
within thirty (30) days of its due date shall bear interest in accordance with Chapter 2251 of
the Texas Government Code.
5. OTHER ENVIRONMENTAL HEALTH SERVICES
A. Upon written request from City/Town, Countywill respond to Vector and/or Mosquito Control
complaints. Ground application services will include spraying for adult mosquitoes
(Uadulticiding"), and treating standing water (Ularvaciding") services.
B. In the event aerial spraying is needed to control St. Louis Encephalitis or West Nile virus
throughout the County, City/Town will have the option to participate in the County's
emerqencvaerial mosauito spravina plan. Should Citv/Town aaree to participate in the plan.
Citv/Town must provide written notice to Countvand aaree to the followinq:
1) Indicate the areas and amount of acres to be sprayed; and
2) Pay City/Town's proportioned share of the cost based upon the number of acres to
be sprayed multiplied by the per-acre spraying cost.
6. RECORDS
City/Town shall have the sole responsibility of responding to requests for records of food inspection
results produced under this Agreement. County will make its best effort to forward any requests for
such records that it received to City/Town within three business days after County's receipt of such
requests.
7. TERMINATION
A. Without Cause: This Agreement may be terminated in writing, without cause, by either party
upon thirty (30) days prior written notice to the other party;
B. With Cause: The County reserves the right to terminate the Agreement immediately, in
whole or in part, at its sole discretion, for the following reasons:
1) Lack of, or reduction in, funding or resources;
2) Non-performance;
3) City's improper, misuse or inept use of funds or resources; and/or
4) City's submission of data, statements and/or reports that are incorrect, incomplete
2
and/or false in any way.
8. CITYITOWN ORDINANCE
In order for this Agreement to be valid, the City/Town must have or adopt a City/Town ordinance that
provides for the inspection of food establishments by a Registered Professional Sanitarian.
City/Town must require the payment of a fee(s) by each food establishment. Ordinance
enforcement shall be the responsibility of the City/Town.
9. INDEMNIFICATION
County and CitylTown, including their respective employees and elected officials, agree that
each shall be responsible for its own negligent acts or omissions or other tortious conduct in
the course of performance of this Agreement, without waiving any governmental immunity
available to County or CitylTown under Texas and other applicable laws, and without waiving
any available defenses under Texas and other applicable laws. Nothing in this paragraph
shall be construed to create or grant any rights, contractual or otherwise, in or to any third
persons or entities.
10. INSURANCE
City/Town agrees that it will at all times during the term of this Agreement maintain in full force and
effect insurance, or self-insurance, to the extent permitted by applicable law under a plan of self-
insurance, that is also maintained in accordance with sound accounting practices. It is expressly
agreed that CitY/Town will be solely responsible for all cost of such insurance; any and all deductible
amounts in any policy; and in the event that the insurance company should deny coverage.
11. NOTICE
Any notice or certification required or permitted to be delivered under this Agreement shall be
deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours after
deposit of the same in the United States Mail, postage prepaid, certified, or registered, return receipt
requested, properly addressed to the contact person shown at the respective addresses set forth
below, or at such other addresses as shall be specified by written notice delivered in accordance
herewith:
COUNTY
Zachary Thompson, Director
Dallas County Health & Human Svcs.
2377 N. Stem mons Frwy., Suite 600
Dallas, Texas 75207-2710
CITY/TOWN
Bob Livinaston. City Manaaer
City of University Park
3800 University Boulevard
Dallas. TX 75205
12. ENTIRE AGREEMENT AND AMENDMENT
This Agreement, including any Exhibits and Attachments, constitutes the entire agreement between
the parties and supersedes any other agreements concerning the subject matter of this transaction,
whether oral or written. No modification, amendment, novation, renewal or other alteration of this
Agreement shall be effective unless mutually agreed upon in writing and executed by the parties.
13. COUNTERPARTS, NUMBER/GENDER AND HEADINGS
3
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument. Words of any gender used in
this Agreement shall be held and construed to include any other gender. Any words in the singular
shall include the plural and vice versa, unless the context clearly requires otherwise. Headings are
for the convenience of reference only and shall not be considered in any interpretation of this
Agreement.
14. SEVERABILITY
If any provision of this Agreement is construed to be illegal, invalid, void or unenforceable, this
construction will not affect the legality or validity or any of the remaining provisions. The
unenforceable or illegal provision will be deemed stricken and deleted, but the remaining provisions
shall not be affected or impaired, and such remaining provisions shall remain in full force and effect.
15. FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained in this Agreement, the obligations of the County under this
Agreement is expressly contingent upon the availability of funding for each item and obligation for
the term of the Agreement and any pertinent extensions. City/Town shall not have a right of action
against County in the event County is unable to fulfill its obligations under this Agreement as a result
of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement
or failure to budget or authorize funding for this Agreement during the current or future fiscal years.
In the event that County is unable to fulfill its obligations under this Agreement as a result of lack of
sufficient funding, or if funds become unavailable, County, at its sole discretion, may provide funds
from a separate source or may terminate this Agreement by written notice to City/Town at the
earliest possible time prior to the end of its fiscal year.
16. DEFAULT/CUMULATIVE RIGHTS/MITIGATION
It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delays
in taking any action. The rights and remedies provided by this Agreement are cumulative, and either
party's use of any right or remedy will not preclude or waive its right to use any other remedy. These
rights and remedies are in addition to any other rights the parties may have by law, statute,
ordinance or otherwise. Both parties have a duty to mitigate damages.
17. IMMUNITY
This Agreement is expressly made subject to City/Town's and County's Governmental
Immunity, including, without limitation, Title 5 of the Texas Civil Remedies Code and all
applicable State and federal Laws. The parties expressly agree that no provision of this
Agreement is in any way intended to constitute a waiver of any immunities from suit or from
liability, or a waiver of any tort limitation, that CitylTown or County has by operation of law, or
otherwise. Nothing in this Agreement is intended to benefit any third party beneficiary.
18. COMPLIANCE OF LAWS AND VENUE
In providing services required by this Agreement, City/Town and County must observe and comply
with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or
materials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations.
Texas law shall govern this Agreement and venue shall lie exclusively in Dallas County, Texas.
4
19. RELATIONSHIP OF PARTIES
CitylTown is an independent contractor and not an agent, servant, joint enterpriser, joint venturer or
employee of County. CitylTown and County agree and acknowledge that each entity shall be
responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or
employees in conjunction with the performance of work covered under this Agreement.
20. SIGNATORY WARRANTY
CitylTown and County represent that each has the full right, power and authority to enter and
perform this Agreement in accordance with all of the terms and conditions, and that the execution
and delivery of Agreement have been made by authorized representatives of the parties to validly
and legally bind the parties to all terms, performances and provisions set forth in this Agreement.
The CitylTown of has executed this Agreement pursuant
to duly authorized CitylTown Council Resolution No. , dated
, 200 . The County of Dallas has executed this Agreement
pursuant to Commissioners Court Order No. , on this
day of
200
[SIGNATURE PAGE FOllOWS]
5
EXECUTED THIS
DAY OF
2006.
COUNTY:
CITYrrOWN:
BY:
Margaret Keliher
County Judge
BY:
City/Town Manager/Mayor
Recommended:
BY: Zachary Thompson
Director, DCHHS
* Approved as to Form:
BY: Bob Schell
Chief, Civil Division
Assistant District Attorney
*By law, the 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).
6
AGENDA MEMO
(09/05/06 AGENDA)
DATE: August 31, 2006
TO: Honorable Mayor and City Council
FROM: Nina Wilson
City Secretary
SUBJECT: CONTRACT FOR HEALTH SERVICES FY ’07 FROM DALLAS
COUNTY HEALTH & HUMAN SERVICES DEPARTMENT
ITEM:
Each year, we receive a renewal for the above-mentioned agreement. The
city agrees to pay the county the sum of $48.00 for the fiscal year October
1, 2006 through September 30, 2007, which is the agreed upon city’s share
of the total cost less federal and state funding. Health services include
tuberculosis control, sexually transmitted disease control, communicable
disease control, and laboratory services.
RECOMMENDATION:
Staff recommends approval of this contract.
ATTACHMENTS:
Agreement
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
U:\Docs\Health Permits\2006\Memo Health Services Agreement 2006.doc 11:04 AM 08/30/06
COUNTY OF DALLAS
~
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AGREEMENT BETWEEN DALLAS
COUNTY, ON BEHALF OF DALLAS
COUNTY HEALTH AND HUMAN
SERVICES, AND THE CITY/TOWN OF
UNIVERSITY PARK, TEXAS
THE STATE OF TEXAS
1. PARTIES
Whereas, Dallas County ("County") has offered to provide certain health services to the various
cities throughout Dallas County on a contract for services basis; and
Whereas, the City/Town of University Park, Texas ("City/Town") desires to participate with County
in establishing coordinated health services for City/Town and Dallas County; and
Whereas, County will operate certain health services for the residents of City/Town in order to
promote the effectiveness oflocal public health programs; and
Whereas, the cooperative effort will allow cities located within Dallas County to participate in
providing public health services for their residents; and
Whereas, such cooperative effort serves and further the public purpose and benefit the citizens of
County as a whole.
N ow therefore, County, on behalf of Dallas County Health and Human Services ("DCHHS"), enters
into this Agreement ("Agreement") with City/Town, pursuant to the authorities ofthe Texas Health
and Safety Code Chapter 121, the Texas Government Code Chapter 791, and other applicable laws
for health services to City/Town.
2. HEALTH SERVICES TO BE PERFORMED
A. County agrees to operate the Dallas County Health Services Program ("Program"), which
will include the following health services:
1) Tuberculosis Control Services: providing preventive, diagnostic treatment, and
epidemiological services;
2) Sexually Transmitted Disease Control Services: consisting of education to motivate
people to use preventive measures and to seek early treatment, prophylaxis,
epidemiological investigation, and counseling in accordance with County policy;
3) Communicable Disease Control Services: providing information concerning
immunization and communicable diseases and coordinating with the Texas
Department of State Health Services ("DSHS") in monitoring communicable
diseases;
1
4) Laboratory Services: performing chemical, biological, and bacteriological analysis
and tests on which are based diagnosis of disease, effectiveness of treatment, the
quality of the environment, the safety of substance for human consumption, and the
control of communicable disease;
B. County agrees to provide to City/Town, in accordance with state and federal law, the
following public health services:
1) Immunizations;
2) Child health care;
3) High risk infant case management; and
4) Home visits.
County also agrees to work with City/Town in order to decentralize clinics and to plan and
provide for desired services by City/Town; however, any other services that City/Town re-
quires, in addition to the above mentioned services, may result in additional fees to
City/Town.
C. County agrees to charge a sliding fee based on ability to pay to all residents of every
municipality, including City/Town, in Dallas County. The fees charged by County for the
services listed in Section 2A of this Agreement will be used to offset the City/Town's
Program costs for the next Agreement Term. A schedule of fees to be charged by County is
set out in "Exhibit A" attached hereto and incorporated herein for all purposes.
D. County agrees that the level of service provided in the Program for City/Town will not be
diminished below the level of service provided to City/Town for the same services in the
prior Agreement Term except as indicated in Section 2E ofthis Agreement. For purposes of
Section 2E, level of service is measured by the number of patient visits and number of
specimens examined. County will submit to City/Town a monthly statement, which will also
include the number of patient visits and number of specimens examined during the preceding
month.
E. The possibility exists of reductions in state and federal funding to the Program that could
result in curtailment of services if not subsidized at the local level. County will notify
City/Town in writing of any amount of reduction, and any extent to which services will be
curtailed as a result. The notice will also include an amount that City/Town may elect to pay
to maintain the original level of services. City/Town will notify County in writing no later
than fourteen (14) calendar days after the date of City/Town' s receipt ofthe notice of funding
reduction as to City/Town's decision to pay the requested amount or to accept the curtailment
of service. If City/Town elects to pay the requested amount, payment is due no later than
forty- five (45) calendar days after the date of the notice of funding reduction.
2
3. BUDGET
A. County agrees to submit to City/Town by July 31st of each year a proposed budget describing
the proposed level of services for the next Agreement Term;
B. For the Term ofthis Agreement County agrees to provide the services listed in Section 2 of
this Agreement at the level of services and for the amount stated in Exhibit D, which is
attached hereto and incorporated herein for all purposes;
C. City/Town shall pay to County for the Term of this Agreement the amount stated in Exhibit
D, Forty-eight and 00/100 Dollars ($48.00), which is the agreed upon amount of City/Town' s
share of the total cost of the Program less federal and state funding.
D. In lieu of paying the actual dollar amount stated in this Agreement, City/Town has the option,
to the extent authorized by law, ordinances or policy, of making a request to negotiate for in-
kind services that are equal in value to the total amount.
E. This Agreement is contingent upon City/Town's appropriation offunds, or ability to perform
in-kind services as described in Section 3D of this Agreement, for the services set forth
herein. In the event City/Town fails to appropriate such funds, or provide in-kind services,
County shall not incur any obligations under this Agreement.
4. ASSURANCES
A. County shall operate and supervise the Program.
B. Nothing in this Agreement shall be construed to restrict the authority of City/Town over its
health programs or environmental health programs or to limit the operations or services of
those programs.
C. City/Town agrees to provide to County or assist County in procuring adequate facilities to be
used for the services under this Agreement. These facilities must have adequate space,
waiting areas, heating, air conditioning, lighting, and telephones. None of the costs and
maintenance expenses associated with these facilities shall be the responsibility of County
. and County shall not be liable to City/Town or any third party for the condition of the
facilities, including any premise defects.
D. City/Town and County agree that other cities/towns/municipalities may join the Program by
entering into an agreement with County that contains the same basic terms and conditions as
this Agreement.
E. Each party paying for the performance of governmental functions or services under this
Agreement must make those payments from current revenues available to the paying party.
3
5. FINANCING OF SERVICES
A. The health services provided under this Agreement will be financed as follows:
1) City/Town and County will make available to the Program all appropriate federal and
state funds, personnel, and equipment to provide the health services included under
this Agreement and will use best efforts to cause these funds and resources to
continue to increase.
2) City/Town shall pay to County, or provide in-kind services, its share of budgeted
costs that are in excess of the federal and state funding for providing the health
services under this Agreement. Budgeted costs shall not exceed those reflected in
Exhibit D for the appropriate Agreement Term.
B. County shall bill City/Town each month an amount equal to one-twelfth (1/12) of its share of
annual budgeted costs that exceed federal and state funding for the expenses of the preceding
month.
C. Any payment not made within thirty (30) calendar days of its due date shall bear interest in
accordance with Chapter 2251 of the Texas Government Code.
D. City/Town and County agree that no more than ten percent (10%) ofthe City/Town's cost of
participating in the Program will be used for administration ofthe Program.
6. TERM
This Agreement shall be effective from October 1, 2006 through September 30, 2007 ("Term"),
unless otherwise stated in this Agreement.
7. TERMINATION
A. Without Cause: This Agreement may be terminated in writing, without cause, by either party
upon thirty (30) calendar days prior written notice to the other party.
B. With Cause: Either party may terminate the Agreement immediately, in whole or in part, at
its sole discretion, by written notice to the other party, for the following reasons:
1) Lack of, or reduction in, funding or resources;
2) Non-performance;
3) The improper, misuse or inept use of funds or resources directly related to this
Agreement;
4
4) The submission of data, statements and/or reports that is incorrect, incomplete and/or
false in any way.
8. RESPONSIBILITY
County and City/Town agree that each shall be responsible for its own negligent acts or
omissions or other tortious conduct in the course of performance of this Agreement, without
waiving any governmental immunity available to County or City/Town or their respective
officials, officers, employees, or agents under Texas or other law and without waiving any
available defenses under Texas or other law. Nothing in this paragraph shall be construed to
create or grant any rights, contractual or otherwise, in or to any third persons or entities.
9. INSURANCE
City/Town and County agree that they will, at all times during the Term ofthis Agreement, maintain
in full force and effect insurance or self-insurance to the extent permitted by applicable laws.
City/Town and County will be responsible for their respective costs of such insurance, any and all
deductible amounts in any policy and any denials of coverage made by their respective insurers.
10. ACCESS TO RECORDS RELEVANT TO PROGRAM
City/Town and County agree to provide to the other upon request, copies of the books and records
relating to the Program. City/Town and County further agree to give City/Town and County health
officials access to all Program activities. Both City/Town and County agree to adhere to all
applicable confidentiality provisions, including those relating to Human Immunodeficiency Virus
(HN) and Sexually Transmitted Disease (STD) information, as mandated by federal and State law,
as well as by DSHS.
11. NOTICE
Any notice to be given under this Agreement shall be deemed to have been given if reduced to
writing and delivered in person by a reputable courier service or mailed by Registered Mail, postage
pre-paid, to the party who is to receive such notice, demand or request at the addresses set forth
below. Such notice, demand or request shall be deemed to have been given, ifby courier, at the time
of delivery, or ifby mail, three (3) business days subsequent to the deposit of the notice in the United
States mail in accordance herewith. The names and addresses ofthe parties' hereto to whom notice
is to be sent are as follows:
Zachary Thompson, Director
Dallas County Health & Human Services
2377 N. Stemmons Freeway, LB 12
Dallas, TX 75207-2710
City of University Park
3800 University Boulevard
Dallas, TX 75205
5
12. IMMUNITY
This Agreement is expressly made subject to County's and City/Town's Governmental
Immunity, including, without limitation, Title 5 of the Texas Civil Practices and Remedies
Code, and all applicable federal and state laws. The parties expressly agree that no provision
of this Agreement is in any way intended to constitute a waiver of any immunities from suit or
from liability, or a waiver of any tort limitation, that City/Town or County has by operation of
law or otherwise. Nothing in this Agreement is intended to benefit any third party beneficiary.
13. COMPLIANCE WITH LAWS AND VENUE
In providing services required by this Agreement, City/Town and County must observe and comply
with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or
materials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations.
Texas law shall govern this Agreement and exclusive venue shall lie in Dallas County, Texas.
14. AMENDMENTS AND CHANGES IN THE LAW
No modification, amendment, novation, renewal or other alteration ofthis Agreement shall be
effective unless mutually agreed upon in writing and executed by the parties hereto. Any alteration,
addition or deletion to the terms ofthis Agreement which are required by changes in federal or State
law are automatically incorporated herein without written amendment to this Agreement and shall be
effective on the date designated by said law.
15. ENTIRE AGREEMENT
This Agreement, including all Exhibits and attachments, constitutes the entire agreement between the
parties hereto and supersedes any other agreements concerning the subject matter oftms transaction,
whether oral or written.
16. BINDING EFFECT
This Agreement and the respective rights and obligations of the parties hereto shall inure to the
benefit and be binding upon the successors and assigns of the parties hereto, as well as the parties
themselves.
17. GOVERNMENT FUNDED PROJECT
If this Agreement is funded in part by either the State of Texas or the federal government, County
and City/Town agree to timely comply without additional cost or expense to the other party, unless
otherwise specified herein, to any statute, rule, regulation, grant, contract provision or other State or
federal law, rule, regulation, or other similar restriction that imposes additional or greater
requirements than stated herein and that is directly applicable to the services rendered under the
terms of this Agreement.
6
18. DEFAULT/CUMULATIVE RIGHTS/MITIGATION
In the event of a default by either party, it is not a waiver of default if the non-defaulting party fails to
immediately declare a default or delays in taking any action. The rights and remedies provided by
this Agreement are cumulative, and either party's use of any right or remedy will not preclude or
waive its right to use any other remedy. These rights and remedies are in addition to any other rights
the parties may have by law, statute, ordinance or otherwise. Both parties have a duty to mitigate
damages.
19. FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of County and City/Town under
this Agreement are expressly contingent upon the availability of funding for each item and
obligation contained herein for the Term ofthe Agreement and any extensions thereto. City/Town
and County shall have no right of action against the other party in the event the other party is unable
to fulfill its obligations under this Agreement as a result oflack of sufficient funding for any item or
obligation from any source utilized to fund this Agreement or failure to budget or authorize funding
for this Agreement during the current or future Agreement Terms. In the event that County or
City/Town is unable to fulfill its obligations under this Agreement as a result of lack of sufficient
funding, or if funds become unavailable, each party, at its sole discretion, may provide funds from a
separate source or may terminate this Agreement by written notice to the other party at the earliest
possible time.
20. COUNTERPARTS, NUMBER/GENDER AND HEADINGS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument. Words of any gender used in
this Agreement shall be held and construed to include any other gender. Any words in the singular
shall include the plural and vice versa, unless the context clearly requires otherwise. Headings herein
are for the convenience of reference only and shall not be considered in any interpretation of this
Agreement.
21. PREVENTION OF FRAUD AND ABUSE
City/Town and County shall establish, maintain and utilize internal management procedures
sufficient to provide for the proper, effective management of all activities funded under this
Agreement. Any known or suspected incident of fraud or program abuse involving County or
City/Town's employees or agents shall be reported immediately for appropriate action. Moreover,
City/Town and County warrant to be not listed on a local, county, State or federal consolidated list of
debarred, suspended and ineligible contractors and grantees. City/Town and County agree that every
person who, as part of their employment, receives, disburses, handles or has access to funds collected
pursuant to this Agreement does not participate in accounting or operating functions that would
permit them to conceal accounting records and the misuse of said funds. Each party shall, upon
notice by the other party, refund their respective expenditures that are contrary to this Agreement.
7
22. AGENCY / INDEPENDENT CONTRACTOR
County and City/Town agree that the terms and conditions of this Agreement do not constitute the
creation of a separate legal entity or the creation of legal responsibilities of either party other than
under the terms of this Agreement. County and City/Town are and shall be acting as independent
contractors under this Agreement; accordingly, nothing contained in this Agreement shall be
construed as establishing a master/servant, employer/employee, partnership, joint venture, or joint
enterprise relationship between County and City/Town. City/Town and County are responsible for
their own acts, forbearance, negligence and deeds, and for those oftheir respective officials, agents
or employees in conjunction with the performance of work covered under this Agreement.
23. SEVERABILITY
If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality
or validity of any of the other provisions in this Agreement. The illegal or invalid provision will be
deemed stricken and deleted, but all other provisions shall continue and be given effect as if the
illegal or invalid provisions had never been incorporated.
24. SIGNATORY WARRANTY
Each person signing and executing this Agreement does hereby warrant and represent that such
person has been duly authorized to execute this Agreement on behalf of City/Town or County, as the
case may be.
The City/Town of University Park has executed this Agreement pursuant to duly authorized
City/Town Council Resolution No. , dated
, 20_ The County of Dallas has executed this
Agreement pursuant to Commissioners Court Order No. 2006 1409, dated August 15, 2006.
day of
20
Executed this
COUNTY:
CITY/TOWN:
By: Margaret Keliher
Dallas County Judge
By:
City/Town ManagerlMayor
8
By:
City/Town Secretary
Recommended:
By: Zachary Thompson
Director, DCHHS
Approved as to Form*:
By:
Bob Schell
Chief, Civil Division
Assistant District Attorney
By:
City/Town Attorney
*By law, the 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).
9
SEXUALLY TRANSMITTED
Treatment
Blood Drawing
Cryosurgery (F)
Cryosurgery (M)
Chemical Lesion Reduction
Medical Records Copies
TUBERCULOSIS
FY'2007 FEE SCHEDULE
EXHIBIT A
$20 - $45 (Sliding Scale)
$5
$60
$50
$45
$5 each
TB Testing-Levell (PPO) $25*
TB Testing-Level II (QuantiFeron) $50.
Chest X-Ray Copies $5
LABORATORY
Wet Prep
Gram Stain
GC Culture
RPR
GEN Probe GC Screen
GEN Probe CT Screen
HIVTest
HIV Test - Rapid
Salmonella/Shigella
TB Culture & Concentration
TB Identification
TB Susceptibility
TB Acid Fast Stain
NURSING SERVICE
Hepatitis A Havrix
Hepatitis B Vaccine
Twinrix
HDCV (1M) Rabies
HDCV (10) Rabies
Hepatitis C Screening
Japanese Encephalitis
Menegococcal Vaccine
Typhoid (Polysaccharide)
Typhoid (Oral)
Varivax
Yellow Fever Vaccine
Boostrix Vaccine
HIB
Adacel (Pertusis)
Rabies Administrate Fee/
Serves State Vaccine
Foreign Travel Office Visit Fee
ENVIRONMENTAL HEALTH
Septic Tank Inspection
Septic Tank Re-inspection
Food Establishment Inspection
Half-Way Houses & Boarding
Homes, Residential
Mosquito Spraying for Non-
contracting cities
Water Sample
Mosquito Testing
Food Mgr. Cert. Program
$6 each
$6 each
$14 each
$11 each
$23 each
$23 each
$15 each
$20 each
$16 each
$25 each
$15 each
$31 each
$ 8 each
$45/1njection
$150/Series
$60/lnjection
$540/Series"
$270/Series
$35/Test
$330/Series"
$110/lnjection*
$60/lnjection
$45/box
$85/1njection*
$85/lnjection
$4511njection"
$35Iinjectlon*
$50Iinjection*
$25
$25
#$310/CommerciaUBusiness*
#$260/Res idential"
$35/Residential*
$85/Commercial*
$150/yr.lestablishment
$75/plus $25 for each
additional unit on site
$185/ per hour
$50*
$35
$85/per person
Note: 1) # Indicates $10 charge for State fee
2) * Indicates Fee Increase
CRIMINAL TESTING
Blood Draws
Buccal Swabs
Comprehensive TB Testing &
Evaluation (Incl. Chest X-ray)
Pregnancy Test
Urinalysis
Dark Field
Chancroid Culture
Herpes Culture
Herpes Type 1 & 2 Serology
Group A Strep
Urine Screen:
Neisseria Gonorrhoeae
Chlamydia Trachomatis
Lead Screen
Staphylococcus/Aureus Culture
ImmunizationNFC Program:
DPT,DT,Hib,
Diabetic Testing
Pneumococcal
Influenza Vaccine
MMR
TO
IPV
Menactra
EPSDT
Well Baby
Records:
Immunization Record
Foreign Travel Yellow Card
Day Care Center Inspections
Temporary Food Permit
Funeral Home Inspection
FHA, VA, Conventional Loans
$38
$38
$60"
$15 each
$15 each
$16 each
$10 each
$38 each
$35 each
$14 each
$47 each
$47 each
$10 each
$17 each"
$5/Per child
$5/Test
$40/Injection*
$20/lnjection
$55/lnjection*
$30/Injection"
$40/lnjection
$110/Injection"
$40/Screen
$5Nisit
$5 each
$3 each
$2/per authorized child
$75/plus $10 per day*
$200.
$125/Licensed*
$150/Unlicensed"
Annual Group Home Inspection $50
Food Handler Class $15/per person"
Sub-division Plat Approval $200/Residential
$150/Commercial
$7/pe r day
$12/per day
Animal Control/Quarantine
Animal ControlNicious Animal
Effective 10/01106
EXHIBIT B
January, 2005 thru December, 2005
Municipality Tuberculosis
Sexually
Transmitted
Diseases
Laboratory
Communicable
Disease
Addison 377 61 318 153
Balch Springs 66 124 148 219
Carrollton 1454 222 1539 815
Cedar Hill 192 205 538 251
Cockrell Hill 244 0 9 127
Coppell 103 18 17 231
Dallas 32509 11446 61983 15287
Desoto 300 242 319 456
Duncanville 383 147 514 282
Farmers Branch 226 70 581 286
Garland 4444 658 5376 1867
Glenn Heights 16 39 253 34
Grand Prairie 978 342 4189 1376
Highland Park 0 3 0 22
Hutchins 28 34 65 38
Irving 3158 741 5393 1626
Lancaster 428 296 1415 310
Mesquite 1660 469 4204 1024
Richardson 1748 153 1119 1065
Rowlett 322 55 150 530
Sachse 55 16 1 123
Seagoville 53 38 101 146
Sunnyvale 4 0 0 24
University Park 2 1 0 34
Wilmer 92 33 2092 22
Out of County 619 1115 5898 6330
Total 49461 16528 96222 32678
June 5,2006
DALLAS COUNTY HEAL TH & HUMAN SERVICES EXHIBIT C
FY'07
Public Communicable
TB STD Health Disease FY'07
Municipality Clinic Clinic Lab Control Contract Total
Addison 6,846 4,440 3,814 1,703 5,751
Balch Springs 1,198 9,026 1,775 2,438 9,377
Carrollton 26,403 16,160 18,458 9,072 23,823
Cedar Hill 3,487 14,922 6,452 2,794 2,498
Cockrell Hill 4,431 0 108 1,414 2,301
Coppell 1,870 1,310 204 2,571 3,131
Dallas 590,327 833,176 743,383 170,166 1,754,252
Desoto 5,448 17,616 3,826 5,076 17,620
Duncanville 6,955 10,700 6,165 3,139 11,273
Farmers Branch 4,104 5,095 6,968 3,184 6,856
Garland 80,698 47,897 64,476 20,782 80,156
Glenn Heights 291 2,839 3,034 378 574
Grand Prairie 17,759 24,895 50,240 15,317 38,854
Highland Park 0 218 0 245 132
Hutchins 508 2,475 780 423 3,149
Irving 57,346 53,939 64,680 18,100 81 ,906
Lancaster 7,772 21,546 16,971 3,451 12,106
Mesquite 30,144 34,139 50,420 11,399 31,608
Richardson 31,742 11,137 13,421 11,855 23,756
Rowlett 5,847 4,004 1,799 5,900 4,925
Sachse 999 1,165 12 1,369 362
Seagoville 962 2,766 1,211 1,625 6,440
Sunnyvale 73 0 0 267 99
University Park 36 73 0 378 48
Wilmer 1,671 2,402 25,090 245 2,597
Out of County 11,240 81,163 70,737 70,462 77,142
$898,156 $1,203,105 $1,154,023 $363,753 $2,200,736
June 5, 2006
EXHIBIT 0
FY'07 CONTRACT COSTS
MUNICIPALITIES
CONTRACT COST
ADDISON $5,751
BALCH SPRINGS $9,377
CARROLL TON $23,823
CEDAR HILL $2,498
COCKRELL HILL $2,301
COPPELL $3,131
* DALLAS $1,754,252
* DESOTO $17,620
* DUNCANVILLE $11,273
FARMERS BRANCH $6,856
* GARLAND $80,156
GLENN HEIGHTS $574
GRAND PRAIRIE $38,854
HIGHLAND PARK $132
HUTCHINS $3,149
IRVING $81,906
LANCASTER $12,106
* MESQUITE $31,608
* RICHARDSON $23,756
ROWLETT $4,925
SACHSE $362
* SEAGOVILLE $6,440
SUNNYVALE $99
UNIVERSITY PARK $48
* WILMER $2,597
* UNINCORPORATED $77,142
TOTAL $2,200,736
.NON-CONTRACTlNG CITIES
MINUTES
#2617
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, AUGUST 22, 2006, 5:00 P.M.
Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Harry Shawver,
Councilmembers Syd Carter, Kelly Walker and Jerry Grable. Also in attendance were City
Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson.
AWARDS AND RECOGNITION
APPOINTMENT OF JUDGE JAMES W. KERR, JR., AS ASSOCIATE JUDGE FOR THE
CITY OF UNIVERSITY PARK MUNICIPAL COURT: Judge James P. Barklow, Jr. introduced
Judge Kerr and administered the Oath of Office. Judge Kerr is a Senior United States
Administrative Law Judge.
RETIREMENT OF COURT ADMINISTRATOR LINDA WILLIAMS: Presentation postponed
until September 5, 2006.
DEPARTMENT PIN OF POLICE DETECTIVE TIM SPILLMAN: The presentation of
Detective Spillman’s 25-year pin was postponed until September 5, 2006 due to a death in the
family.
RETIREMENT OF BEAU GUEST: Public Works Director Bud Smallwood introduced Beau
Guest, a Maintenance Technician in the Street Department, and Councilmember Carter presented
him with a retirement plaque and check and thanked him for 19 years of service to the city.
Councilmember Walker moved approval of the Consent Agenda. Councilmember Carter
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER ADDENDUM TO DEVELOPMENT AND EXCHANGE AGREEMENT WITH
PRESCOTT REALTY FOR CITY-OWNED PROPERTY AT 4419 WORCOLA: The city
council approved a development and exchange agreement between the city and Prescott Realty at
the January 3, 2006 city council meeting. The agreement called for the developer to design a
parking and storage structure, develop estimates of probable cost, acquire an old easement along
Greenville (and both properties), and get the City of Dallas to rezone through a Specific Use
Permit the city’s existing and proposed property. The agreement called for the aforementioned
tasks to be completed within 150 days. Most of the work has been accomplished; however, the
acquisition of the easement and the rezoning has taken longer than anticipated, and the developer
is requesting that the city amend the agreement to add an additional 120 days.
CONSIDER ADDENDUM TO CONTRACT WITH ALAN PLUMMER & ASSOCIATES FOR
BOOSTER PUMPING STATION DESIGN: In preparation for the public hearing regarding the
proposed site for the pumping station, staff requested the engineering consultant prepare several
renderings and fit those renderings into photographs of the three projected sites in Germany
Park. The original contract did not include this task. The proposed change amounts to $6,000.
CONSIDER RESOLUTION AND AGREEMENT AUTHORIZING MAX-A-MILLION
CARRIAGE RIDES: The r
esolution and agreement authorizes Max-A-Million horse-drawn carriage
rides through University Park during the Christmas holiday season or between Thanksgiving and
Christmas 2006. It is recommended Max-A-Million Carriages be allowed to set up two additional signs
this year in Snider Plaza that were allowed last year at the points where customers will board the
carriages. These two signs are to be set up and taken down at the beginning and end of each day of
operation. It is also recommended that Max-A-Million be allowed to operate Wednesday through
The approval of this request as a license sets forth certain conditions, i.e., a $500 fee
Sunday.
with $300 to be refunded if all conditions are met, cleaning of storage spaces and other areas
affected by the horses, a design or plan for the use of the parking spaces to be approved by the
Chief of Police, an indemnity clause, and a one million dollar public liability insurance policy
with a Certificate of Insurance. Staff recommended approval with the understanding that the city
council may change or may not approve the additional requests made by the Pendergraphs.
RESOLUTION NO. 06-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,
TEXAS, APPROVING A REVOCABLE LICENSE AGREEMENT WITH DANA
PENDERGRAPH, D/B/A MAX-A-MILLION CARRIAGE FOR THE USE OF CITY
STREETS AND PROPERTY; AUTHORIZING EXECUTION BY THE CITY MANAGER;
AND PROVIDING AN EFFECTIVE DATE.
CONSIDER RIGHT-OF-WAY LICENSE AGREEMENT FOR 3429 RANKIN: The developer
of a multi-family property at 3429 Rankin is in the process of acquiring a building permit for a
structure that contains an underground parking garage. Section 3.103, Amendments to the
Building Code, requires all basements or below-grade construction in residential units to contain
drainage systems be drained through enclosed pipe into the city's storm water drainage system.
The developer proposes to open a trench extending from the property towards Rankin and
connect a drain pipe to the city’s storm sewer under the street. The city will perform the tap for
the storm sewer; however, a license agreement is needed for use of the right-of-way. A backflow
preventer will be placed on private property to prevent flow from the storm sewer backing up
into the drain pipe. The property is a condominium complex with a homeowner’s association,
and the license agreement is between the city and developer, Lakeside Builders. The
homeowner’s association currently has not been established. After the license agreement is
executed, it will be filed with Dallas County, thereby ensuring the license agreement stays with
the property regardless of ownership.
CONSIDER PURCHASE OF FOUR PICK-UP TRUCKS: The pick-up trucks are for the street
and utilities divisions. Caldwell Country is the vendor for a total price of $103,510.
CONSIDER PURCHASE OF REPLACEMENT TURF SWEEPER FOR PARK
DEPARTMENT: The sweeper will be used for removal of grass clippings, leaves and debris
around creek channels resulting from high water and, during turf aeration, to remove core plugs
from the turf area. It also provides for uninterrupted field use by the YMCA during both soccer
and baseball seasons. Jones Equipment and Turf, Inc. is the vendor for the total price of
$19,459.70.
CONSIDER PURCHASE OF BACKHOE: The purchase of a John Deere backhoe is for the
street division. RDO Equipment is the vendor for a total cost of $84,199.24.
CONSIDER APPROVAL OF ANNUAL CONTRACT FOR TYPE “D” HOT MIX ASPHALT,
BID #06-05: Austin Bridge and Road is the vendor at $42.50 per ton, an $8.50 per ton increase
over the last contract issued in October 2005. The estimated total of this contract is $233,750
based on a usage of 5500 tons. The bid price of $42.50 per ton is guaranteed only until
November 15, 2006. At that time, the vendor may request a substantiated pricing increase
subject to approval by the city. The vendor may subsequently request a pricing increase every
three months until the contract ends in November 2007. The bid was written with this flexibility
in the price so that we won’t have to take formal, sealed bids each time there’s an increase in the
price of asphalt. The asphalt price has been rising steadily with the cost of oil.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For July 18, 2006.
MAIN AGENDA
CONSIDER ORDINANCE REGULATING FEATURES IN FRONT YARD OF SINGLE
FAMILY DISTRICTS: The ordinance amends the Comprehensive Zoning Ordinance by
amending Section 21-100 (4) (b) to regulate features allowed in the required front yards of
Single family Districts. UDADAC recommended that sports and recreational equipment, whether
temporary or permanent, including, but not limited to, basketball goals, swing sets and tree
swings be prohibited. However, P&Z changed that recommendation to allow sports and
recreational equipment in the required front yard on a temporary basis not to exceed 30 days in
any one calendar year. Both of these committees are made up of University Park residents. The
ordinance has now been amended so that no reference is made to sports and recreational
equipment. The current zoning ordinance allows sports and recreational equipment in the
required front yards providing that such equipment is not permanently installed or fixed to the
ground. Staff will continue to use that interpretation in the enforcement of the code. Mayor
Holmes announced that an outdoor basketball court will be installed in Burleson Park. The
basketball court will be opened by SMU Basketball Coach Matt Doherty and the SMU basketball
team offering a basketball clinic sometime the week of October 21, 2006. Mayor Pro Tempore
Shawver moved approval of the ordinance. Councilmember Grable seconded, and the vote was
unanimous to approve allowing sports and recreational equipment in front yards providing such
equipment is not permanently installed or fixed to the ground.
ORDINANCE NO. 06/21
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS
HERETOFORE AMENDED, BY AMENDING SECTION 21-100(4) (b) TO REGULATE
FEATURES ALLOWED IN THE REQUIRED FRONT YARD; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
DISCUSS FUNDING OPTIONS TO UNDERGROUND TXU 138 KV TRANSMISSION
LINE: There are two potential funding sources for placing the transmission line underground
along the route proposed by Sega. A Public Improvement District (PID) whereby funds are
raised through a bond issue and repaid through assessment of properties along the transmission
line route, and a General Obligation Bond issued by the City of University Park whereby funds
are raised through a general obligation bond issue and repaid through property tax revenue. On
Wednesday, August 16, the city received a letter from TXU, which stated that TXU would be
willing to spend $5.3 million on a line rebuild for the transmission line. Therefore, TXU would
be willing to put forth the same amount for an underground solution. Funding calculations are
based upon an interest rate of 4.75% for a term of 20 years. There will be a community forum in
the auditorium of University Park Elementary School on September 14, 2006.
PUBLIC HEARING FOR THE BUDGET AND TAX RATE: The proposed FY07 budget of
$37.639 million is 8.15% larger than the adopted FY06 budget of $34.749 million. The proposed
budget includes a tax rate decrease and $5.022 million in capital project funding, and there are no
rate increases for water or sewer service. The proposed FY07 rate is $0.28772, a 7.06%
reduction from last year’s adopted rate of $0.30958. The certified taxable property base rose
11.36%. The proposed budget would collect $467,443 more in current property taxes than last
year, a 3.5% increase, thus it is correct to say that the city is both cutting the tax rate and raising
taxes. The proposed $0.28772 rate that will raise 3.5% more tax revenue represents an effective
tax increase of only 1.34%. However, included with the proposed FY07 Budget message were
two attachments from HPISD that would raise the tax rate: Attachment A, a request from
HPISD Superintendent Dr. Cathy Bryce for the city to fund repair of the track surface at
Germany Park. This request is being made as part of the renewal of an agreement between
HPISD and the city. In past agreements, HPISD has been responsible for maintenance of the
track. According to Dr. Bryce, the cost is estimated to be $50,000 - $70,000 and needs to be
done every 5 to 7 years; Attachment B, a request from a group of parents and HPISD to fund a
full-time School Resource Officer at the high school. At this time, the approximately $80,000
annual cost for this position would be solely the responsibility of the city. If either of the two
HPISD requests are included in the FY07 Budget and funded with a tax increase, the rate will be
$0.29085. The average single-family home in University Park would pay $115 more in taxes
than last year, compared with $92 more than last year if the HPISD requests are excluded. The
effective tax increase would rise from 1.34% to 2.44%. Mayor Holmes opened the public
hearing. PTA President Cindy Kerr, Dads Club President Ray Kane and Former Mayor Barbara
Hitzelberger spoke in favor of a School Resource Officer for Highland Park High School. As
there was no further discussion, Mayor Holmes closed the public hearing. Councilmember
Walker moved that the School Resource Officer be included in the proposed FY07 Budget and
that September 7 and 14 be set to hold public hearings to amend the tax rate. Councilmember
Carter seconded, and the vote was unanimous to approve the School Resource Officer and set
two dates to hold public hearings to amend the tax rate FY07 Budget.
PUBLIC HEARING TO GRANT A CHANGE OF ZONING FROM MULTI-FAMILY TO
PLANNED DEVELOPMENT DISTRICT 33: A tract of approximately 2.98 acres includes
certain alleyway rights-of-way. The subject tract includes Lots 4113 Lovers Lane, 4112 and
4113 Hyer Street and 4102 Grassmere, being lots 9-11 and 18-20, Block 1, Troth and Boswell
Subdivision, and lots 7-11 and 18-22, Block 2, Troth and Boswell Subdivision. The existing Park
Lane Apartments comprise 91 units and occupy approximately 2.85 acres. The applicant is
requesting a change of zoning to Planned Development District classification to allow for the
construction of 88 units with an average unit size of 1,433 square feet. The applicant is also
requesting abandonment of alleyways traversing the site between Lovers and Hyer and between
Hyer and Grassmere. The applicant proposes to dedicate two tracts of land to facilitate turning
movements resulting from the abandonment of the alleyways. Mayor Holmes opened the public
hearing. Mr. Bill Blackburn, representing Intercity Investments, made a presentation in favor of
the request. As there was no further discussion, Mayor Holmes closed the public hearing.
CONSIDER ORDINANCE GRANTING A CHANGE OF ZONING FROM MULTI-FAMILY
TO PLANNED DEVELOPMENT DISTRICT 33: Mayor Pro Tempore Shawver moved
approval of the ordinance granting a change in zoning from Multi-Family to Planned
Development District No. 33. Councilmember Carter seconded, and the vote was unanimous to
approve the ordinance granting the zoning change.
ORDINANCE NO. 06/22
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY
PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A CHANGE IN ZONING FOR
THE PROPERTY DESCRIBED AS LOTS 9-11 AND 18-20, BLOCK 1, AND LOTS 7-11 AND
18-22, BLOCK 2, TROTH AND BOSWELL SUBDIVISION, AN ADDITION TO THE CITY OF
UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A” ATTACHED TO PLANNED DEVELOPMENT DISTRICT NO. 33; APPROVING
A DETAILED SITE PLAN AS EXHIBIT “B” SUBJECT TO SPECIAL CONDITIONS;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
CONSIDER ORDINANCE ABANDONING ALLEY EASEMENTS IN CONNECTION WITH
PARK LANE CONDOMINIUMS: The easements in the area are bounded by Lovers Lane,
Preston, Grassmere and Westchester. The proposed Park Lane Condominium Project
reconfigures the alleys in the 4100 blocks between Lovers Lane and Hyer and between Hyer and
Grassmere to turn south into Hyer and Grassmere respectively. Their proposal dedicates the
necessary alley easements for the realignments and requests that the city abandon the east/west
alley easements currently splitting their properties. The land area requested for abandonment is
approximately 147 square feet, and the developer will pay the fair market value of $60/SF for a
total of $8,820. Mayor Holmes moved approval of the ordinance. Mayor Pro Tempore Shawver
seconded, and the vote was unanimous to approve abandoning alley easements in connection
with the Park Lane Condominium Project.
ORDINANCE NO. 06/23
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING
ALLEY EASEMENTS, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS “A” AND
“B”, TO THE ABUTTING OWNER IN CONSIDERATION OF THE DEDICATION OF NEW
ALLEY EASEMENTS DESCRIBED IN EXHIBITS “C” AND “D” AND THE CASH SUM OF
$8,820.00; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS
ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS
COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
PUBLIC HEARING TO DISCUSS RECONSTRUCTION, OWNERSHIP AND OPERATION OF
GERMANY PARK BOOSTER PUMPING STATION: In 1952, Dallas County Park Cities
Municipal Utilities District (PC MUD) installed a pump station to boost the pressure from their
water supply at the split between Highland Park and University Park. In 2004, the city council
negotiated with PC MUD to take ownership of the booster pumping station. The arrangement
called for the city to design and build the facility and pay PC MUD to operate it. The only issue
is the exact location and, based on PC MUD’s transmission main, it must remain near the
parking lot at the south end of Germany Park. Pursuant to direction from a previous council, the
new facility is to be located in the southwest corner of the park. After demolition of the existing
pumping station, PC MUD agreed to allow the city to use that property for park uses. The
consultant for the design of the pumping station has been proceeding with the design; however, a
comment was received from an adjacent resident about locating within the park. Two locations
east and west of the existing pumping station on PC MUD property are suitable sites; however,
the use of that property would preclude its use for additional park activities. Mayor Holmes
opened the public hearing. Several residents voiced their opinion on different options. The
public hearing will be continued at the September 26 city council meeting.
CONSIDER HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT’S REQUEST FOR
JOINT USE AGREEMENT AMENDMENTS INVOLVING GERMANY PARK: A letter was
received from HPISD School Superintendent Dr. Cathy Bryce requesting the amendment of the
existing 1991 Joint Use Agreement involving Germany Park, which ran from August 20, 1991
through August 19, 2006. Under that agreement, the responsibilities of the city included
landscape maintenance, tennis courts, fencing, soccer fields, parking lots, water fountains and
bleachers. HPISD was responsible for the repair and maintenance of the track, field events area
and the storage restroom building. The programming schedule called for HPISD to have
exclusive use of the track and playing fields from 3:00-6:00 p.m. each day, except Saturday and
Sunday, from the fall term to the end of the spring term, provided that the two outside lanes of
the track are reserved for use by the general public during these hours. The requested
amendments call for the city to pay for the resurfacing of the track, HPISD will use track lanes 1-
4 and the field from 3:00 p.m. until 6:00 p.m. from the first day of school through January 14,
and HPISD will use track lanes 1-6 and the field from 3:00 p.m. until 6:00 p.m. from January 15
to May 15. Several options and associated costs for track resurfacing were presented.
Councilmember Grable moved that the agreement be extended for 90 days to allow for more
discussion. Councilmember Carter seconded, and the vote was unanimous to approve the
extension of the agreement.
CONSIDER DATE FOR PUBLIC HEARING TO DISCUSS ISSUES RELATING TO
INCREASING SIZE OF SINGLE FAMILY CONSTRUCTION: Residents continue to express
concerns to council about the size of single family construction and the impacts on the existing
neighborhoods. The purpose of the public hearing is to provide a forum for builders and residents
to publicly address the city council on this issue. The public hearing will be held Thursday,
October 5, 7:00 p.m., City of University Park City Hall.
CONSIDER APPROVAL OF AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC.
FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM: Red light cameras are now being
used in several area cities in order to reduce the number of motor vehicle accidents caused by red
light infractions. The addition of red light cameras will assist the University Park Police
Department in enforcing red light violations and in making streets and roadways safer to travel.
The consideration of the agreement was continued to the September 5 city council meeting.
CONSIDER CITY HALL LANDSCAPE CONTRACT AMENDMENT: A major design feature
within the City Hall/Goar Park Landscape Project is a meandering creek which creates a
connection between Goar Park and City Hall/Turtle Creek. The initial design proposed the use of
potable/treated water to fill and maintain water levels in the decorative creek channel. Recent
architectural drawings have shown several design concerns with using potable water. Based on
the information recently presented by the architect, staff proposed the utilization of water from
Turtle Creek to support the creeks water flow. Benefits to this alternative will include a cost
savings of $50-$60,000, minimum tree loss, a reduction of impact to the park due to utility
construction, savings in ongoing/long term maintenance costs, improved overall aesthetics of the
park site, and reduction in portable water usage at the park site. The proposal will include design
and construction drawings and will be completed based on an hourly basis not to exceed $2,000.
Councilmember Carter moved approval of amending the landscape design contract with NJB
Landscape Architects to provide revised construction drawings incorporating the use of water
from Turtle Creek to support the new decorative creek in Goar Park. Councilmember Walker
seconded, and the vote was unanimous to amend the contract.
CONSIDER ORDINANCE FOR SITE PLAN IMPROVEMENTS AT 4520 WEST LOVERS
LANE: The subject tract is zoned Planned Development District PD-2-R which allows for all
uses listed under the General Retail Zoning District classification. Taylor Armstrong,
representing Agnich Ventures, stated the applicant has not identified a specific use for the
building. The detailed site plan shows a net increase of 887 square feet of floor area with three
on-site parking spaces. The Planning and Zoning Commission voted unanimously to recommend
approval subject to the condition that on-site parking spaces be provided at the rate of one space
per 300 square feet of additional floor space. Councilmember Walker moved approval of the
ordinance. Councilmember Carter seconded, and the vote was unanimous to approve the
detailed site plan for improvements to the existing building.
ORDINANCE NO. 06/24
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY
PARK, AS HERETOFORE AMENDED, SO AS TO AMEND THE APPROVED SITE PLAN
FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT NO. 2-R FOR A PART OF LOT
2, BLOCK C, IDLEWILD NO. 2 ADDITION, COMMONLY KNOWN AS 4520 WEST
LOVERS LANE, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED;
APPROVING A DETAILED SITE PLAN ATTACHED AS EXHIBIT “B”, SUBJECT TO
SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
CONSIDER ADDENDUM TO CONTRACT WITH HDR ENGINEERING FOR WORK ON
STORMWATER MANAGEMENT PLAN: HDR Engineering worked with the city to develop
its Stormwater Management Plan (SMP) in 2003, as required by the Environmental Protection
Agency (EPA) and Texas Commission on Environmental Quality (TCEQ). They also assisted in
the development of the city’s stormwater utility fund and rate structure authorized by council in
January 2005. The state is about to promulgate the rules which govern the aforementioned SMP.
Staff outlined several tasks that must be accomplished to update and revise the SMP prior to
submittal, such as the continued monitoring of rule changes and anticipated date of
implementation, updating the plan to incorporate tables referencing responsible parties, updating
the plan to modify the proposed budget assuming an inflation adjustment from the original date
of the plan and meeting with city staff to discuss final rule changes and a schedule of
implementation once adopted by the TCEQ. The original contract scope of work did not include
these tasks. The proposed change amounts to $5,000. Councilmember Grablemoved approval of
the addendum. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to approve
the contract addendum with HDR Engineering for work on the Stormwater Management Plan.
CONSIDER BIDS FOR 12” WATER LINE, HILLCREST AND NORTHWEST PARKWAY,
PROJECT NO. 21800: This project is a part of the Northwest Parkway Screening Wall Project.
The water line work in Northwest Parkway is to be completed prior to the construction of the
screening wall. The locations to be included in this project are: Northwest Parkway from
Airline to Turtle Creek (3200-3400 blocks), and Hillcrest from Northwest Parkway to the
Marquette/Colgate Alley (8000-8400 blocks). Councilmember Carter moved approval of the
bid. Councilmember Walker seconded, and the vote was unanimous to award the contract to
Barson Utilities for labor and materials in the amount of $778,687.50.
CONSIDER PROPOSAL FROM C&P ENGINEERING FOR DESIGN OF
WATER/SANITARY SEWER IMPROVEMENTS: The proposal from C&P Engineering in the
amount of $155,510 provides for the engineering and surveying services associated with the
design of water and sanitary sewer improvements generally in the alley of the 4000 block
between Hanover and Purdue; the alley in the 4100 block between McFarlin and University, and
between Douglas and Preston; the alleys bounded by Preston, Douglas, McFarlin, and Windsor;
the alley in the 4100 block between Windsor and Stanhope. Councilmember Walker moved
approval of the proposal. Councilmember Carter seconded, and the vote was unanimous to
approve C&P Engineering’s proposal for design of water and sanitary sewer improvements.
CONSIDER AWARD OF BIDS FOR CITY HALL RENOVATION AND
RECONSTRUCTION: The bid includes construction of a major addition to City Hall and total
renovation of the existing facility. Von Gallagher of Gallagher Construction Services will serve
as the in-house construction manager-agent for construction administration. As such, he
reviewed the bids of twenty-three contractors and three professional service companies. Mayor
Pro Tempore Shawver moved that bids be approved per Von Gallagher’s letter, which
recommended the award of contracts to twenty-three companies, the award of the masonry
contract to the second bidder as the low bidder had an error in his bid, the award of contracts to
three professional service companies detailed in his letter, reject bid packages BP 12-D,
Horizontal Blinds & Louvers, and BP 10-G, Identification Devices, and make all awards
contingent to further negotiations with Von Gallagher and receipt of required bonds and
insurance. Councilmember Grable seconded, and the vote was unanimous to approve the award
of bids for the City Hall renovation reconstruction.
ITEMS FROM THE FLOOR
Susan and Chris Cooper, 3848 Bryn Mawr, discussed the inability to build a secondary structure
on an adjacent lot unless there is already a primary structure on it. They requested permission to
construct a fence and play set on the lot they own that is adjacent to their house. They will
confer with Community Development Manager Harry Persaud, who will place it on the
September 5, 2006 agenda.
Ms. Carolyn Loy thanked the council for the mosquito control the city is using, the decision on
the basketball goals, Coach Doherty’s basketball clinic and receiving taxes from Dallas that had
gone to them inadvertently.
Kitty Holleman requested the council lower the height of houses 25 feet, make side yards wider,
require more green areas in backyards, and give blue ribbons to builders who are remodeling.
There being no further business, Mayor Holmes adjourned the meeting.
PASSED AND APPROVED this 5th day of September 2006.
James H. Holmes, III, Mayor
ATTEST:
_________________________
Nina Wilson, City Secretary
AGENDA MEMO
(09/05/06 AGENDA)
DATE: August 31, 2006
TO: Honorable Mayor and City Council
FROM: Robbie Corder, Assistant to the Public Works Director
SUBJECT: Update on TXU Transmission Line Project
BACKGROUND:
Wednesday, August 30, members of the Transmission Line Steering Committee met with
representatives from TXU Electric Delivery on options and costs associated with revamping a 138
kV transmission line that runs in the alley between Stanford and Amherst, from Boedeker to the
Dallas North Tollway.
Staff would like to update Council on TXU’s recent request to revamp the line using a larger
diameter conductor and why this request will require an addendum to the recently completed
independent feasibility study conducted by Sega Inc.
ATTACHMENTS:
None.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
AGENDA MEMO
(09-05-06 AGENDA)
DATE:
August 31, 2006
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Discuss the development of a traffic engineering study associated with possible
reduction in residential speed limit.
Background.
The City Council has discussed the issue of reducing the residential speed limit
in the community on several occasions. Traffic engineer Dannie Cummings reviewed statistics
that suggested that the average speed on most residential streets in University Park is about 27
mph, however, he indicated that staff had identified seven locations (he referred to them as “hot
th
spots” where the average speed was higher and the 85 percentile speed was in excess of the
30 mph speed limit. Mr. Cummings suggested that a review of the subject locations together with
some targeted police enforcement may have some impact.
Over several months, staff conducted the following process in response to the traffic consultant’s
recommendations:
?
Conducted another speed study in each of the aforementioned “hot spots”;
?
The week following each speed study, the police targeted the location with
enforcement efforts;
?
A week following the police enforcement effort, another speed study was conducted
for each location;
Feedback from the police department detailed very few speeding violations during the targeted
enforcement, and the follow up speed study did NOT illustrate any appreciable difference in the
average speed in any of the locations for either of the two previous speed studies.
Mr. Cummings was provided with a summary of the speed studies and a discussion of the
enforcement efforts. He suggested that another approach conduct a pilot study to determine
whether changing the speed limit to 25 mph would change the speed that resident drive. To
accomplish this task, Mr. Cummings suggested a six-month temporary change to 25 mph for the
target area bounded by Lovers Lane, Southwestern, Hillcrest and Boedeker. Speed studies
would be conducted at specific locations within the target area prior to the posting of 25 mph
signs. At the end of the study period, speed studies would be conducted, and Mr. Cummings
would be asked to tabulate the results and provide a report, which would include a
recommendation whether to make a permanent change in the speed limit for all residential
streets.
Discussion.
Prior to any further action on this issue, staff would request City Council
direction.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM Residential Speed Limit 09 05 06.doc 8:54 AM 08/31/06
AGENDA MEMO
(09/05/2006 AGENDA)
DATE: September 5, 2006
TO: Honorable Mayor and City Council
FROM: Harry Persaud, MRTPI, AICP, Community Development Manager
SUBJECT: Discuss accessory structures on single family lots without
a main building.
Background/Analysis:
Chris and Susan Cooper purchased a vacant single family lot located at 3844 Bryn Mawr
adjacent to their current residence located at 3848 Bryn Mawr. The Coopers contacted
staff requesting to install a fence and a play set on the vacant lot. Staff informed the
Coopers that they needed to amend the plat to combine the two single family lots into one
building site. In this way their existing home will serve as the main or primary building
on the lot and then other accessory structures may be allowed in accordance with the
zoning ordinance. The City Attorney was contacted and he confirmed the interpretation
of the zoning ordinance by staff.
The Coopers are reluctant to combine the lots as they wanted to preserve their right to sell
the other lot at any time in the future. The Coopers are concerned that the Zoning
ordinance may change in the future to prohibit the subdivision of the combined lot. The
Coopers requested staff to provide a written guarantee that the zoning ordinance will not
change to affect the lot dimensions. Even though it is very unlikely that the lot
dimensions in the current ordinance will change, staff cannot provide such a written
guarantee.
The Coopers have forwarded to staff a list of similar properties which have fences and
structures and which have not amended the original plat. The Coopers addressed the City
Council on August 21, 2006 on this matter.
Please see attached summary report.
Recommendation
1
1. Refer to ZOAC for further review and recommendation.
Attachments:
1. Current definition and code requirements for accessory uses and structures.
2. Power Point Summary
2
Accessory Buildings and Structures
DEFINITION:
means a subordinate,
Accessory Building or Use, Residential
detached building or structure in a residential district, used for a
purpose customarily incidental to the main structure, such as a private
garage for automobile storage, tool house, lath or greenhouse as a
hobby (no business), home workshop, servants quarters, children’s
playhouse, storage house, garden shelter or swimming pool, but not
involving the conduct of a business, nor used as a dwelling area or
place of abode except as noted under “Servants Quarters” as
defined in this Section.
Sec. 1.Accessory and Temporary Use Requirements
General
1-100
Accessory buildings shall not be used for rental purposes or barter
(1)
exchange.
Accessory buildings may be occupied only by immediate family
(2)
members and/or full-time domestic servant or servants. In case of a
live-in servant family, all adult members must be employed by the
owner/occupant of the property.
Bathroom and other plumbing facilities are allowed. Kitchen, cooking
(3)
and food preparation facilities shall be allowed in accessory buildings
designed or utilized for residential living and associated with a single-
family use of the property. Upon submittal of an application for a
building permit by the owners of the real property, the Community
Development Manager or his designee, may issue a building permit to
construct, remodel, or make addition to a residential accessory
building with the kitchen, cooking or food preparation facilities,
provided that a deed restriction instrument, executed by all owners of
the real property and limiting the use of an accessory structure to
immediate family members and/or full time domestic servant or
servants, has been filed with the Administrator in the form required by
the City and sufficiently executed that it may be recorded in the
Deed Records of Dallas County, Texas.
The accessory building shall not have separate utility meters. Any
(4)
telephones must be extensions from the main structure.
It shall be unlawful to use any building located in a residential district
(5)
for business purposes, except for a home occupation as defined in
.
Error! Reference source not found.
3
Air conditioning compressors, cooling towers, pool equipment and
(6)
similar accessory equipment shall be located behind the required
front building line, and be a minimum of five feet (5’) from an
adjacent side property line, and a minimum of three feet (3’) from the
rear property line and installed at grade level. When such equipment
is located in a side yard of a corner lot, adjacent to a side street, or in
the front half of any lot, such equipment shall be screened from view
by a fence, wall, or shrubbery.
Private Tennis Courts
1-101
A private tennis court is an accessory structure permitted only by
(1)
specific use permit. A private tennis court shall not cover more than
twenty percent (20%) of a residential building site or lot.
Any private tennis court surface and/or appurtenances (other than
(2)
fences or walls) shall be set back a minimum of three feet (3’) from
the rear property line and/or any easement.
Swimming Pools
1-102
Swimming pools constructed on residential lots shall be:
(1)
Located in the rear half of the lot;
(a)
Constructed below ground at grade level; and
(b)
Constructed of concrete or other approved material that is inert,
(c)
nontoxic, and impervious to vermin and decay.
Applications for permits must be supported by a plot plan (minimum
(2)
scale one inch equals twenty feet [1” = 20’]) showing the:
Size and area of the pool;
(a)
Location of the pool on the lot;
(b)
Location and height of the fence enclosing the pool;
(c)
Location and size of all doors and gates granting access to the
(d)
pool area from the outside;
Location and detail of all connections to sanitary and storm
(e)
sewers as described in subsections (6) and (7) below.
Size and location of all other detached structures in the rear yard;
(f)
Parking space in the rear yard;
(g)
Location and size of any proposed structure, where applicable;
(h)
Location of filter equipment;
(i)
Routing and location of private and public electric and
(j)
telephone lines; and,
Location of all underground utilities such as sanitary sewer, gas,
(k)
and water lines.
Any door granting access to the swimming pool area from the outside
(3)
through any accessory or detached building or structure other than
4
the main building shall not exceed forty-eight inches (48”) in width
and shall also be equipped with self-closing mechanisms and with
automatic self-fastening locks.
All lights in the swimming pool area, except those in the pool itself,
(4)
shall be no higher than the fence surrounding such pool and shall be
covered with a mushroom-type ornamental fixture which covers the
light and reflects downward.
Such pool shall be set back a minimum of five feet (5’), measured
(5)
from the inside walls of said pool, from each side line or from the rear
line of said lot.
(6)Drainage
Such pool shall be equipped with proper filtration and water
(a)
treatment equipment to insure that the water will be pure at all
times. This equipment shall be connected by an underground
conduit to the sanitary sewer adjacent to such property and a
proper indirect waste connection must be made as required by
the plumbing ordinance. Any such equipment shall not be
located in the required side yard of the main building.
Deck drains or surface water shall not be discharged into the
(b)
sanitary sewer but must be diverted away from adjacent
property into a storm drain either in the street or an alley.
(7)Utilities
No overhead electric power or telephone utility lines shall be
(a)
permitted to cross any portion of a swimming pool.
All electrical service wires, either public service in the alley or
(b)
private service on the premises, must clear the pool proper by at
least five feet (5’) horizontally and thirty feet (30’) vertically above
the surface of the pool, so that there will be no possibility of
broken wires falling into the pool.
All wiring must comply with the National Electrical Code and
(c)
ground fault interrupter devices shall be installed in accordance
with said code.
For swimming pool enclosure standards, see
(8)Error! Reference source
of , Fences, Walls, and
not found.Error! Reference source not found.
Equipment Screening.
Accessory Features Not Allowed in Residential Front Yards
1-103
In residential districts, trucks exceeding three-quarter (3/4) ton
(1)
capacity, campers, travel trailers, boats or recreation vehicles shall
not be parked or stored on any abutting street or within the required
front yard of any property, and travel trailers, campers or recreation
vehicles shall not be used for dwelling purposes.
No portion of a tennis court surface, fence, wall or other
(2)
appurtenance shall be located within the required front yard.
5
Breezeways or Covered Walk
1-104
A breezeway or covered walk consisting of a one (1) story unenclosed
passageway, not exceeding twelve feet (12’) in height or six feet (6’)
in cross-sectional width (measured between supports) and having
eaves or roof overhang not exceeding twenty-four inches (24”), may
connect a main building with a detached structure (complying with
all the requirements for a detached structure or accessory building),
provided such structures are separated by a minimum distance of
fifteen feet (15’).
6
Enclosed Garage or Carport
1-105
No attached garage shall be located, designed, or constructed to
face or open upon the front of any lot or tract in any district so that
the opening or entrance to such garage or carport faces the front
street. All garages, carports, or other vehicular storage structures shall
be constructed in a manner as to be entered from the side building
line of the garage or storage structure or the rear of the building line
of such structure.
Places of Worship
1-106
Off-street parking as an accessory use to a place of worship located
in a residential district shall be permitted when such parking is located
on the same lot, tract or site occupied by a worship-related structure
on which building permits were issued.
Accessory Buildings or Structures in SF Districts
1-107
(1)Location
Attached accessory buildings shall observe the same setback
(a)
requirements as the main building.
Detached accessory buildings or structures shall be located in
(b)
the area defined as the rear yard.
(2)Yards
(a)Side Yards
Any detached accessory building or structure shall have a
i.
side yard not less than three feet (3’) from any interior side lot
7
line from the closest point of the structure, provided that an
accessory building or structure may be placed less than three
feet (3’) from an interior side lot line at the closest point if the
vertical wall and roof projections, if any, adjacent to such
interior side lot line are constructed with a system having not
less than a two-hour fire-resistant rating. No part of an
accessory building or structure may be located closer than
two feet (2’) to any interior side lot line.
For accessory buildings adjacent to a side street, the side
ii.
yard shall comply with main structure requirements.
Windows or other openings greater than twelve feet, six
iii.
inches (12’6”) above the top of the foundation or a vertical
wall surface exceeding twelve feet, six inches (12’6”) shall not
be adjacent to any side lot line unless such windows,
openings, or vertical wall surfaces are set back a minimum of
twenty feet (20’) from such interior side lot line.
(b)Rear Yards
An accessory building or structure not containing a garage
i.
shall have a rear setback of not less than three feet (3’),
measured from the rear property line unless there is an
opening facing the rear property line above the twelve feet
six inches (12’6”) plate line. If said opening occurs, then there
shall be a minimum setback of twelve feet, six inches (12’6”)
from the rear property line.
The main building, all accessory buildings and all other
ii.
structures in excess of thirty inches (30”) above ground level
shall not cover more than fifty percent (50%) of that portion of
the lot lying to the rear of the midpoint line of the lot, i.e., a
line joining the midpoint of one side lot line to the midpoint of
the other side lot line.
8
(3)Area
The area of accessory buildings in the rear yard is limited only by the
total rear yard coverage of fifty percent (50%) and setbacks and
separation distances as provided by this Ordinance.
(4)Roof Slope
For roof slopes in excess of nine to twelve (9:12), the extended
(a)
ridge concept shall apply. Roof slopes exceeding a fourteen to
twelve (14:12) pitch (14 vertical, 12 horizontal) shall be
considered a vertical building wall surface.
In such case where a gable wall in excess of twelve feet six
(b)
inches (12’6") is authorized by this ordinance, a “hipped gable”
which creates a secondary plate line will be permissible.
(5)Garages, Carports and Other Detached Structures
Detached garages, carports, or other detached structures shall
(a)
not be closer than six feet (6’) to the main building. This space of
six feet (6’) shall not contain any stairs.
Where an enclosed garage or carport is designed and
(b)
constructed to be entered directly from an alley or side street,
such garage or carport shall be set back from the respective
property line a minimum distance of twenty feet (20’) to facilitate
access without interference with the use of the street or alley by
9
other vehicles or persons.
Where the special design and layout of a garage or carport
(c)
provides a minimum of twenty feet (20’) of paved drive or apron
between the alley or street line which permits a parked vehicle to
clear the street right-of-way or alley right-of-way line, such design
and layout may be approved by the Community Development
Manager as meeting the provisions of this Section.
Detached garages or carports shall be located only in the
(d)
portion of the yard defined as the rear half of the yard and
detached garages and carports located in that portion of the
yard defined as the front half of the yard shall be permitted only
when a drive access to the rear half of the yard is unavailable.
Temporary Construction Structures
1-108
Temporary buildings, offices, and building material storage areas to
be used for construction purposes may be permitted for a specific
period of time as accessory structures in accordance with a permit
issued by the Community Development Manager and subject to
periodic review by the Community Development Manager for cause
shown. Upon completion or abandonment of construction or
expiration of the permit, such field offices, buildings and stored
materials shall be removed prior to issuance of a Certificate of
Occupancy.
10
CITY OF UNIVERSITY PARK
Accessory structures
on single family lots without a main building
What is an accessory building or structure?
Accessory Building or Use, Residential means a
subordinate, detached building or structure in a
residential district, used for a purpose customarily
incidental to the main structure, such as a private garage
for automobile storage, tool house, lath or greenhouse as
a hobby (no business), home workshop, servants
quarters, children's playhouse, storage house, garden
shelter or swimming pool, but not involving the conduct
of a business, nor used as a dwelling area or place of
abode except as noted under "Servants Quarters" as
defined in this Section.
Where should it be located?
The main building, all accessory
buildings and all other structures in
excess of thirty inches (30") above
ground level shall not cover more than
fifty percent (50%) of that portion of
the lot lying to the rear of the
midpoint line of the lot, i.e., a line
joining the midpoint of one side lot
line to the midpoint of the other side
lot line.
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buildin Istructure is allowed without a main buildin
Highland Park - Temporary sports/rec. equipment allowed
Piano
Farmers Branch
Southlake
Richardson
Carrollton
his is the case with most cities.
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Summary of issues:
Without a main building, detached accessory structures can be viewed
from the street and adjacent properties, negatively impacting
the neighborhood over time.
Accessory structures and uses without a main building may result in
NIMBYs. How about a parking lot next door in full view
from the street?
The Zoning Codes protect the health, safety and welfare for all residents.
What are the risks? Lot dimensions for established SF districts are
very rarely changed in any City.
3844 &3848 Bryn Mawr Drive
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Where do we go from here?
Alternative # 1: Enforce the current zoning codes
MNN STRUCTURE
ACCESSORY STRUCTURE
( 2 HOUR FIRE-RESISTANT WAl.l. IF LESS THAN
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AGENDA MEMO
(09-05-06 AGENDA)
DATE:
August 31, 2006
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Consider proposal from Gallagher Construction Services to provide
construction management services on miscellaneous projects.
Background.
Gallagher Construction Services has worked closely with City staff,
oversight committee members, Council, and project consultants to develop the City Hall
project in an extremely cost effective and efficient manner. Their professionalism and
experience has gained them the respect of all of the project team. We are confident
that their efforts will result in a project that will be completed on time and within
budgeted funds.
Staff requested that Mr. Gallagher submit a proposal to provide his services for two
associated projects: Improvements to Goar Park and the construction of a back up
dispatch facility and emergency operations center (EOC). The EOC would be used to
temporarily house the police department during the renovation of the existing City Hall.
The proposed fees for the two projects would be based on a percentage of the total
construction costs. As detailed in the attached letter, contracts for each project would
amount to:
?
Goar Park
- 6.8%. Based upon a very preliminary estimate, the construction
cost of $700,000 to $1,000,000 would result in fees for GCS to about
$47,600 to $68,000.
?
Peek Center Improvements
– 7.25%. A preliminary estimate of $1,000,000
would result in a GCS fee of $72.500.
Discussion.
Staff would recommend that the Council authorize the City Manager to
enter into a contract with Gallagher Construction Services for the above-referenced
work.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM Gallagher Peek Ctr and Goar Park 09
05 06.doc 8:58 AM 08/31/06
Investment Policy
Effective September 5, 2006
City of University Park, Texas
City of University Park, Texas - Investment Policy
CONTENTS
Preface.........................................................................................................................iv
1. PURPOSE
1. Authorization....................................................................................................1
2. Goal..................................................................................................................1
3. Scope................................................................................................................1
4. Review and Amendment....................................................................................1
2. INVESTMENT OBJECTIVES
1. Preservation and Safety of Principal...................................................................2
2. Maintenance of Adequate Liquidity....................................................................2
3. Return on Investments.......................................................................................2
4. Prudence and Ethical Standards.........................................................................3
3. INVESTMENT STRATEGY STATEMENT
1. Operating Funds................................................................................................4
2. Bond Debt Service Funds..................................................................................4
3. Bond Reserve Funds..........................................................................................4
4. Capital Projects Funds.......................................................................................5
4. SPECIFIC INVESTMENT POLICIES
1. Eligible Investments...........................................................................................6
1. Obligations of the United States................................................................6
2. Obligations of the State of Texas...............................................................6
3. Agencies of the United States and State of Texas......................................6
4. Obligations of other States, Counties, Cities..............................................6
5. Direct Repurchase Agreements.................................................................6
6. Certificates of Deposit..............................................................................6
7. Share Certificates of state and federal Credit Unions.................................7
8. Money Market Mutual Funds....................................................................7
9. Local Government Investment Pools.........................................................7
2. Ensuring Safety of Principal................................................................................8
1. Protection of Principal..............................................................................8
1. Approved Broker/Dealers/Financial Institutions/Depositories..............8
2. Master Repurchase Agreement............................................................9
3. Collateralization..................................................................................9
i
City of University Park, Texas - Investment Policy
1. Allowable Collateral...................................................................10
1. Certificates of Deposit........................................................10
2. Repurchase Agreements......................................................10
2. Collateral Levels........................................................................10
1. Certificates of Deposit........................................................10
2. Repurchase Agreements......................................................11
3. Monitoring Collateral Adequacy.................................................11
1. Certificates of Deposit........................................................11
2. Repurchase Agreements......................................................11
4. Margin Calls..............................................................................11
1. Certificates of Deposit........................................................11
2. Repurchase Agreements......................................................11
5. Collateral Substitution ..............................................................12
6. Collateral Reductions ..............................................................12
4. Portfolio Diversification....................................................................12
1. Bond Proceeds...........................................................................13
5. Limiting Maturity..............................................................................13
1. Operating Funds.........................................................................13
2. Bond Proceeds, Bond Reserves, Debt Service Funds..................13
2. Safekeeping..............................................................................................14
1. Safekeeping Agreement.....................................................................14
2. Safekeeping of Certificate of Deposit Collateral.................................14
3. Safekeeping of Repurchase Agreement Collateral..............................14
3. Ensuring Liquidity...........................................................................................14
4. Achieving Investment Return Objectives..........................................................15
1. Securities Swaps......................................................................................15
2. Competitive Bidding.................................................................................15
3. Methods of Monitoring Market Price........................................................15
4. Benchmark Rate of Return.......................................................................16
5. Responsibility and Controls..............................................................................16
1. Authority to Invest...................................................................................16
2. Bonding requirements/Standard of care....................................................16
3. Establishment of Internal Controls............................................................17
4. Standard of Ethics....................................................................................17
5. Training and Education.............................................................................17
6. Investment Committee..............................................................................18
6. Reporting........................................................................................................18
7. Compliance Audit............................................................................................19
8. Certification.....................................................................................................19
5. ADOPTING CLAUSE
.............................................................................................20
ii
City of University Park, Texas - Investment Policy
APPENDICES
A. INVESTMENT LEGISLATION
.................................................................21
B. MASTER REPURCHASE AGREEMENT
................................................48
C. BROKER/DEALER CERTIFICATION
.....................................................56
ATTACHMENTS
1. BROKER/DEALER QUESTIONNAIRE
....................................................58
iii
City of University Park, Texas - Investment Policy
PREFACE
The purpose of this document is to establish specific investment policy and strategy
guidelines for the City of University Park, Texas (“City”) in order 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.
It is the policy of the City that 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:
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Preservation of capital and protection of principal
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Maintenance of sufficient liquidity to meet operating needs
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Security of City funds and investments
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Diversification of investments to avoid unreasonable or foreseeable
risks
Maximization of return on the portfolio
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iv
SECTION 1
PURPOSE
City of University Park, Texas - Investment Policy
1. Purpose
1.Authorization
This Policy is to be 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.
2.Goal
The primary goal of the City of University Park’s Investment Policy shall
be to ensure the safety of all funds entrusted to the City; to maintain the
availability of those funds for the payment of all necessary obligations of
the City; and 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.
3.Scope
This Investment Policy of the City of University Park shall include all
investment activities of any fund of the City, except for the Firemen’s
Relief and Retirement Fund, which is covered by a separate policy. In
addition to this Policy, bond funds, including debt service and reserve
funds, shall be managed by their governing resolution and federal law,
including the Tax Reform Act of 1986 and subsequent legislation. City
funds will be pooled for investment purposes.
4.Review and Amendment
This Policy may be amended from time to time as the City Council may so
desire, or as State Law may require. This Policy, which includes strategies
for each fund or pooled fund group, shall be adopted by resolution, rule, or
ordinance by the City Council and shall be reviewed annually by the City
Council. The fact that the Investment Policy has been reviewed and that
any amendments have been made must be recorded by resolution, rule or
ordinance.
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SECTION 2
INVESTMENT OBJECTIVES
City of University Park, Texas - Investment Policy
2. INVESTMENT OBJECTIVES
The City shall manage and invest its cash with four objectives, listed in order of
priority: Preservation and Safety of Principal; Liquidity; Yield; and Prudence. All
investments shall be designed and managed in a manner responsive to the public trust
and consistent with State and Local Law.
The City shall maintain a comprehensive cash management program that includes the
prudent investment of available cash. 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.
1.Preservation and Safety of Principal
The primary objective of City investment activity is the preservation of
principal in the overall portfolio. Each investment transaction shall be
conducted in a manner designed to avoid principal losses, whether they are
from securities defaults or erosion of market value. The manner in which
the City ensures safety of principal is presented in Section 4.2, “Ensuring
Safety of Principal.”
2.Maintenance of Adequate Liquidity
The City investment portfolio shall be structured such that the City is able
to meet all obligations in a timely manner. Maintenance of adequate
liquidity is described in Section 4.3, “Ensuring Liquidity.”
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 will be established by the Investment Committee.
Specific policies regarding investment rate of return are presented in
Section 4.4, “Achieving Investment Return Objectives.”
For bond issues to which Federal yield or arbitrage restrictions apply, the
primary objectives shall be to obtain satisfactory market yields and to
minimize the costs associated with investment of such funds.
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City of University Park, Texas - Investment Policy
4Prudence and Ethical Standards
.
The standard of prudence used by the City shall be the “prudent person
rule” and shall be applied in the context of managing the overall portfolio
within the applicable legal constraints. The prudent person rule is restated
below:
“Investments shall be made with judgment and care, under
circumstances then prevailing, which persons of prudence,
discretion and intelligence would exercise in the management of
their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the
probable income to be derived.”
In determining whether the Investment Officer(s) or Investment Advisor
under contract has exercised prudence with respect to an investment
decision, the determination shall be made taking into consideration the
investment of all funds over which the Officer/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.
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.”
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SECTION 3
INVESTMENT STRATEGY STATEMENT
City of University Park, Texas - Investment Policy
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.
1.The Operating Funds
The investment strategy for operating funds has as its primary objective the
assurance that anticipated cash flows are matched with adequate
investment liquidity. The secondary objective is to create a portfolio
structure which will experience minimal volatility during economic cycles.
This may be accomplished by purchasing 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.
2.The Bond Debt Service Funds
The investment strategy for bond debt service fund(s) has as its primary
objective the assurance of investment liquidity adequate to cover the debt
service obligation on the required payment date. Securities purchased shall
not have a stated final maturity date that exceeds the next unfunded bond
debt service payment date.
3.Bond Reserve Funds
The investment strategy for bond reserve fund(s) has as its primary
objective the ability to generate a dependable revenue stream to the
appropriate debt service fund from securities with a low degree of
volatility. Securities should be of high quality and, except as may be
required by the Bond Ordinance specific to an individual issue, of short-to-
intermediate-term maturities. The stated final maturity dates of securities
held shall not exceed five (5) years.
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City of University Park, Texas - Investment Policy
4.Capital Projects Funds
The investment strategy for capital projects funds portfolios has as its
primary objective the assurance that anticipated cash flows are matched
with adequate investment liquidity. These portfolios should include at least
10% in highly liquid securities to allow for flexibility and unanticipated
project outlays. The stated final maturity dates of securities held should not
exceed the estimated project completion date.
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.
5
SECTION 4
SPECIFIC INVESTMENT POLICIES
City of University Park, Texas - Investment Policy
4. SPECIFIC INVESTMENT POLICIES
1.Eligible Investments
Investments described below are those authorized by the Public Funds
Investment Act (Chapter 2256, Texas Government Code), as amended,
which is included and made a part of this Policy as Appendix A. The
following list may not contain all of those securities that are authorized by
state statutes, but only those that the City Council wishes to include in their
portfolios. The purchase of specific issues may at times be further restricted
or prohibited because of current market conditions. City funds governed by
this Policy may be invested in:
1. obligations of the United States or its agencies and instrumentalities;
2. direct obligations of the State of Texas or its agencies;
3. other obligations, the principal and interest on which are
unconditionally guaranteed or insured by the State of Texas or the
United States or its agencies and instrumentalities.
4. obligations of states, agencies, counties, cities and other political
subdivisions of any state having been rated as to investment quality by a
nationally recognized investment rating firm and having received a
rating of not less than A or its equivalent.
5. fully collateralized direct repurchase agreements having a defined
termination date, secured by obligations described by subdivision 1 of
this subsection, 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 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. certificates of deposit issued by a depository institution with a main
office or branch in Texas that are:
1.guaranteed or insured by the Federal Deposit Insurance
Corporation, or its successor; or,
2.secured by obligations that are described by 1 - 4 above, which are
intended to include all direct federal agency or instrumentality
issues that have a market value of not less than the principal amount
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City of University Park, Texas - Investment Policy
of the certificates or in any other manner and amount provided by
law for deposits of the City.
7. share certificates issued by state and federal credit unions with a main
office or branch in Texas that are:
1.guaranteed or insured by the National Credit Union Share
Insurance Fund, or its successor; or,
2.secured by obligations that are described by 1 - 4 above, which are
intended to include all direct federal agency or instrumentality
issues that have a market value of not less than the principal amount
of the certificates or in any other manner and amount provided by
law for deposits of the City.
8. SEC-regulated, no-load money market mutual funds with a dollar-
weighted average stated portfolio maturity of 90 days or less and
whose investment objectives include seeking to maintain a stable net
asset value of $1 per share. No more than 15% of the City’s average
fund balance may be invested in money market mutual funds, and the
City may not invest funds under its control in an amount that exceeds
10% of the total assets of any individual money market mutual fund.
9. Local government investment pools organized in accordance with the
Interlocal Cooperation Act (Chapter 791, Texas Government Act) as
amended, whose assets consist exclusively of the obligations that are
allowed as a direct investment for funds subject to the Public Funds
Investment Act (Chapter 2256, Texas Government Code). A public
funds investment pool must be continuously rated no lower than AAA,
AAA-m or at an equivalent rating by at least one nationally recognized
rating service.
Eligible investment pools must be authorized by the City Council, by
rule, order, ordinance, or resolution, as appropriate. The City Council
has approved the Texas Local Government Investment Pool
(“TexPool”), administered by the Texas State Comptroller; the Texas
;
Short Term Asset Reserve (“TexSTAR”) administered by JPMorgan
Chase and First Southwest Asset Management; and TexasTERM,
administered by PFM Asset Management LLC.
Investments in collateralized mortgage obligations are strictly prohibited.
These securities are also disallowed for collateral positions.
The City will not be required to liquidate investments that were authorized
investments at the time of purchase.
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City of University Park, Texas - Investment Policy
2. Ensuring Safety of Principal
Ensuring safety is accomplished through protection of principal and
safekeeping.
1. Protection of Principal
The City shall seek to control the risk of loss due to the failure of a security
issuer or guarantor. Such risk shall be controlled by:
1.investing only in the safest types of securities as defined in the
Policy,
2.qualifying the broker/dealer and financial institution with whom
the City will transact,
3.collateralization as required by law,
4.portfolio diversification, and
5.limiting maturity.
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 basis. The purchase of
individual securities shall be executed “delivery versus payment” (DVP)
through the Federal Reserve System delivered to an authorized safekeeping
agent or “Trustee.” 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 by the Trustee. The
Trustee’s records shall assure the notation of the City ownership of or
explicit claim on the securities. The original copy of the safekeeping
receipts shall be delivered to the City within twenty-four (24) hours of the
security’s receipt by the Trustee.
1.Approved Broker/Dealers/Financial Institutions and Depositories
Investments shall only be made with those firms and institutions who
have acknowledged receipt and understanding of the City’s Investment
Policy. The “qualified representative” of the business as defined in
Chapter 2256 of the Texas Government Code shall execute a written
certification to acknowledge receipt of the City’s Investment Policy and
to acknowledge that the organization has implemented reasonable
procedures and controls to preclude 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
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City of University Park, Texas - Investment Policy
broker/dealer firms. This certification must be included as part of the
investment advisory contract.
Securities and certificates of deposit shall only be purchased from those
institutions included on the City’s list of broker/dealers and financial
institutions as approved by the Investment Committee. All securities
dealers shall provide the City with references from other public entities
that they are currently serving. This list of approved investment
providers must be reviewed at least annually by the City’s Investment
Committee and shall be recorded in the Committee’s meeting minutes.
The City’s Finance Advisory Committee shall comprise the Investment
Committee.
All state and national banks located in the State of Texas, which are
insured by the Federal Deposit Insurance Corporation (FDIC) are to
be considered as eligible depositories. The financial condition of the
bank shall be considered prior to establishing any accounts with that
bank. The Finance Advisory Committee shall review the bids submitted
by depository candidates and make a recommendation to the City
Council for final approval.
2.Master Repurchase Agreement
It is the policy of the City to require each issuer of repurchase
agreements to sign a copy of the City’s Master Repurchase Agreement.
An executed copy of this agreement must be on file before the City will
enter into any repurchase agreement with an issuer. (See Appendix B,
“Master Repurchase Agreement”.)
3.Collateralization
Consistent with the requirements of State law, the City requires all
bank deposits (including time deposits) to be federally insured or
collateralized with eligible securities. Financial institutions serving as
City Depositories will be required to sign an Agreement with the City
and its safekeeping agent for the collateral, perfecting the City’s rights
to the collateral in case of default, bankruptcy or closure.
The City shall not accept, as depository collateral, any security that is
not specifically allowed to be held as a direct investment by the City
portfolio (see 4.1). Repurchase agreements must also be collateralized
in accordance with State law. Each issuer of repurchase agreements is
required to sign a copy of the City’s Master Repurchase Agreement.
An executed copy of this agreement must be on file before the City will
enter into any repurchase agreements with an issuer. (See Appendix B,
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City of University Park, Texas - Investment Policy
“Master Repurchase Agreement”.) The City considers repurchase
agreements to be simultaneous purchases and sales of securities as
outlined in the Master Repurchase Agreement and not as collateralized
loans. However, the underlying securities may be referred to as
“collateral.”
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.
(1) Allowable Collateral
1.Certificates of Deposit
Eligible securities for collateralization of certificates of
deposit are U.S. Treasury obligations and government
agency securities. The eligibility of specific issues may at
times be restricted or prohibited because of current
market conditions.
2.Repurchase Agreements
Collateral underlying repurchase agreements is limited
to U.S. government and agency obligations, which are
eligible for wire transfer (i.e. book entry) to the City’s
designated safekeeping agent through the Federal
Reserve System.
(2) Collateral Levels
Collateral is valued at current market plus interest accrued
through the date of valuation.
1.Certificates of Deposit
The market value of collateral pledged for certificates of
deposit must at all times be equal to or greater than
102% of the par value of the certificate of deposit plus
accrued interest, less the amount insured by the FDIC or
its successors. Investment in eligible pooled Certificate
of Deposit programs is authorized under this section.
2.Repurchase Agreements
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City of University Park, Texas - Investment Policy
The market value of collateral required to be pledged
for repurchase agreements shall be a percentage of the
par value of the agreement plus accrued interest and
shall be maintained at the following levels:
Collateral U.S. Treasury U.S. Government
Maturity Securities Agency
1 year or less 102 % 102 %
1 year to 5 years 102 % 103 %
Over 5 years 103 % 104 %
(3) Monitoring Collateral Adequacy
1.Certificates of Deposit
The City requires monthly reports with market values of
pledged securities from all financial institutions with which the
City has certificates of deposit. The City’s InvestmentOfficer
will at least weekly monitor the adequacy of collateral.
2.Repurchase Agreements
Weekly monitoring by the City’s Investment Officer of all
collateral underlying repurchase agreements is required. More
frequent monitoring may be necessary during periods of market
volatility.
(4) Margin Calls
1.Certificates of Deposit
If the collateral pledged for a certificate of deposit falls below
the 102% of the deposit, plus accrued interest less FDIC
insurance, the institution will be notified by the City and will be
required to pledge additional securities no later than the end of
the next succeeding business day.
2.Repurchase Agreements
If the value of the collateral underlying a repurchase agreement
falls below the margin maintenance levels specified above, the
City will make a margin call unless the repurchase agreement is
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City of University Park, Texas - Investment Policy
scheduled to mature within five business days and the amount is
deemed to be immaterial.
(5) Collateral Substitution
Collateralized investments and certificates of deposit often require
substitution of collateral. Any broker or financial institution
requesting substitution must contact the Investment Officer(s) for
approval and settlement. The substituted collateral’s value will be
calculated and substitution approved if its value is equal to or
greater than the required value (See 4.2.1.3.2.2). The Investment
Officer or must give immediate notification of the decision to the
bank or the safekeeping agent holding the collateral. Substitution is
allowable for all transactions, but should be limited, if possible, to
minimize potential administrative problems and transfer expense.
The Investment Officer may limit substitution and assess
appropriate fees if substitution becomes excessive or abusive.
Collateral may be substituted only with the oral authorization of the
Investment Officer, followed by written confirmations within 24
hours.
(6) Collateral Reductions
Should the collateral’s market value exceed the required amount,
any broker or financial institution may request approval from the
Investment Officer to reduce collateral. Collateral reductions may
be permitted only if the City’s records indicate that the collateral’s
market value exceeds the required amount. Written confirmations
of the collateral reduction should be received within 24 hours of the
Investment Officer’s approval.
4. Portfolio Diversification
Risk of principal loss in the portfolio as a whole shall be minimized by
diversifying investment types according to the following limitations.
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City of University Park, Texas - Investment Policy
As discussed below, these limitations do not apply to bond proceeds.
Investment Type: % of Portfolio
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U.S. Treasury Notes/Bonds/Bills 100%
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U.S. Agencies 60%
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Local Government Investment Pools 50%
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Repurchase Agreements 30%
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Certificates of Deposit 30%
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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.
(1) Bond Proceeds
Proceeds of a single bond issue may be invested in a single security
or investment if the Investment Committee determines that such an
investment is necessary to comply with Federal arbitrage
restrictions or to facilitate arbitrage record keeping and calculation.
5. Limiting Maturity
In order to minimize risk of loss due to interest rate fluctuations,
investment maturities will not exceed the anticipated cash flow
requirements of the funds. Maturity guidelines by funds are as follows:
(1) 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.
(2) Bond Proceeds, Bond Reserves, Debt Service 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;
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City of University Park, Texas - Investment Policy
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.
3. Safekeeping
1.Safekeeping Agreement
The City shall contract with a bank or banks for the safekeeping of
securities either owned by the City as a part of its investment portfolio
or held as collateral to secure certificates of deposits or repurchase
agreements. The Safekeeping Agreement shall clearly define the
procedural steps for gaining access to the collateral should the City
determine that the City funds are in jeopardy. The safekeeping
institution, or Trustee, shall hold all aforementioned securities in an
account at the Federal Reserve Bank that specifies City ownership of
the account. The Safekeeping Agreement shall include the signatures of
authorized representatives of the City, the firm pledging the collateral
and the Trustee.
2.Safekeeping of Certificate of Deposit Collateral
All collateral securing certificates of deposit must be held by a third
party banking institution approved by the City, or collateral may be
held at the Federal Reserve Bank. The City’s ownership in collateral
positions must be fully perfected.
3.Safekeeping of Repurchase Agreement Collateral
The securities that serve as collateral for repurchase agreements with
dealers must be delivered to a third-party custodian with whom the City
has established a third-party safekeeping agreement. The City’s
ownership of all securities that serve as collateral for repurchase
agreements must be fully perfected.
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).
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City of University Park, Texas - Investment Policy
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.Achieving Investment Return Objectives
Investment selection for all funds shall be based on legality, appropriateness,
liquidity, and risk/return considerations. 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).
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.
2. Competitive Bidding
It is the policy of the City to require competitive bidding for all individual
security purchases except for those transactions with money market mutual
funds (MMMFs) and local government investment pools (LGIP’s) which
are deemed to be made at prevailing market rates, and for government
securities purchased at issue through a primary dealer at auction price.
Rather than relying solely on yield, investment in MMMFs and LGIP’s
shall be based on criteria determined by the Investment Committee,
including adherence to Securities and Exchange Commission (SEC)
guidelines for MMMFs when appropriate.
At least three bidders must be contacted in all transactions involving
individual securities. Competitive bidding for security swaps is also
required. Bids may be solicited in any manner provided by law. For those
situations where it may be impractical or unreasonable to receive three bids
for a transaction due to a rapidly changing market environment or to
secondary market availability, documentation of a competitive market
survey of comparable securities or an explanation of the specific
circumstance must be included with the transaction bid sheet. All bids
received must be documented and filed for auditing purposes.
3. Methods of Monitoring Market Price
The methods/sources to be used to monitor the price of investments that
have been acquired with public funds shall be from sources deemed reliable
by the InvestmentOfficer, including primary or regional broker/dealers,
established financial institutions providing portfolio
management/accounting services, financial publications, such as the Wall
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City of University Park, Texas - Investment Policy
Street Journal, market information vendors such as Bloomberg or Telerate
and market pricing services.
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.
5. Responsibility and Control
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. 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.
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.
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City of University Park, Texas - Investment Policy
3. Establishment of Internal Controls
The Finance Director is responsible for establishing and maintaining an
internal control structure designed to ensure that the assets of the entity are
protected from loss, theft or misuse. The internal control structure shall be
designed to provide reasonable assurance that the objectives are met. The
concept of reasonable assurance recognizes that (1) the cost of a control
should not exceed the benefits likely to be derived, and (2) the valuation of
costs and benefits requires estimates and judgments by management.
4. Standard of Ethics
City staff involved in the investment process shall refrain from personal
business activity that could conflict with proper execution of the investment
program, or which could impair the ability to make impartial investment
decisions.
City staff shall disclose to the City any material interests in financial
institutions that conduct business with the City, and they shall further
disclose positions that could be related to the performance of the City
portfolio. City staff shall subordinate their personal financial transactions to
those of the City, particularly with regard to the timing of purchases and
sales.
An investment officer of the City who has a personal business relationship
with an organization seeking to sell an investment to the City shall file a
statement disclosing that personal business interest. An investment officer
who is related within the second degree by affinity or consanguinity to an
individual seeking to sell an investment to the City shall file a statement
disclosing that relationship. A statement required under this subsection
must be filed with the Texas Ethics Commission and the governing body of
the City.
5. Training and Education
In accordance with the Public Funds Investment Act (Chapter 2256, Texas
Government Code), the designated Investment Officers, or those personnel
authorized to execute investment transactions, must attend periodic
investment training. State law requires that training relating to investment
responsibilities must be provided by an independent source as approved by
the Investment Committee. Personnel authorized to execute or approve
investment transactions must receive at least 10 hours of investment
training within each two-year period. Newly appointed investment officers
must attain at least 10 hours of instruction relating to the officer’s
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City of University Park, Texas - Investment Policy
responsibility under the Act within 12 months after assuming investment
duties.
6. Investment Committee
An Investment Committee that is comprised of the membership of the
Finance Advisory Committee shall be established to determine
investment guidelines, general strategies, and monitor performance.
The Committee shall meet quarterly to review performance, strategy
and procedures. The Investment Committee shall include in its
deliberation such topics as: performance reports, economic outlook,
portfolio diversification, maturity structure, potential risk to the City
funds, authorized brokers and dealers, and the target rate of return on
the investment portfolio.
6. Reporting
Investment performance is continually monitored and evaluated by the Finance
Director. The Investment Officer(s) will provide detailed reports, as required
by the Public Funds Investment Act (Chapter 2256, Texas Government Code,
Section 2256.023) for the City on a quarterly basis.
The Finance Director shall submit a quarterly investment report signed by the
investment officers that summarizes current market conditions, economic
developments and anticipated investment conditions. The report shall
summarize investment strategies employed in the most recent quarter, and
describe the portfolio in terms of investment securities, maturities, risk
characteristics and shall explain the total investment return for the quarter.
The report will outline conformance to the restrictions of the Policy in the area
of diversification and term of maturity. The report will also compare the
performance of City’s portfolio to appropriate benchmarks as determined by
the Investment Committee. The report shall summarize current market
conditions, economic developments and anticipated investment conditions. The
report shall also summarize investment strategies employed in the most recent
quarter, and describe the portfolio in terms of investment securities, maturities
and risk characteristics.
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.
The quarterly investment report shall include a succinct management summary
that provides a clear picture of the status of the current investment portfolio
and transactions made over the last quarter. This management summary will be
18
City of University Park, Texas - Investment Policy
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 report will include the following:
1.A listing of individual securities held at the end of the reporting period.
2.Unrealized gains or losses resulting from appreciation or depreciation
by listing the beginning and ending book and market value of securities
for the period.
3.Additions and changes to the market value during the period.
4.Average weighted yield to maturity or total return performance of the
portfolio on entity investments as compared to applicable benchmarks.
5.Listing of investments by maturity date.
6.The percentage of the total portfolio which each type of investment
represents.
7. Statement of compliance of the City investment portfolio with State
Law and the investment strategy and policy approved by the City.
7.Compliance Audit
In conjunction with its annual financial audit, the City shall perform a
compliance audit of management controls on investments and adherence to the
City’s established Investment Policies. The results of the audit shall be reported
to the Investment Committee and the governing body of the City.
8.Certification
A copy of this Investment Policy will be provided to the senior management of
any bank, dealer, broker or investment advisor wishing to transact investment
business directly with the City in order that it is apprised of the investment
goals of the City. Before business is transacted with the firm, a certification
(Appendix C) must be signed by a senior member of a firm. Should the City
contract with an external investment advisor to execute the entity’s investment
strategy, including the negotiation and execution of investment transactions, a
managing officer of the investment advisory firm may sign the written
certification in lieu of the broker/dealer firms. This certification must be
included as part of the investment advisory contract.
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SECTION 5
ADOPTING CLAUSE
City of University Park, Texas - Investment Policy
5.ADOPTING CLAUSE
This Investment Policy for the City of University Park, Texas is hereby adopted as of
the 5th day of September, 2006.
Mayor
Director of Finance
ATTEST:
City Secretary
48
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. 05-19; 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 September 05, 2006.
SECTION 2.
That the following individuals are hereby designated as Investment
Officers for the City of University Park: Kent Austin, Director of Finance; Bob Livingston, City
Manager; and, Thomas Tvardzik, Controller.
SECTION 3.
This resolution shall take effect from and after its passage, and it is
accordingly so resolved.
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DULY PASSED AND APPROVED
by the City Council of the City of University Park,
th
Texas, on the 5 day of September, 2006.
APPROVED:
__________________________________
JAMES H. HOLMES, III, MAYOR
APPROVED AS TO FORM: ATTEST:
___________________________________ __________________________________
CITY ATTORNEY NINA WILSON, CITY SECRETARY
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AGENDA MEMO
(09/05/06 AGENDA)
DATE:
August 27, 2006
TO:
Honorable Mayor and City Council
FROM:
Christine Green, Purchasing Agent
SUBJECT:
Revised Contract with Redflex Traffic Systems
nd
At the August 22 meeting, the City Council had some concerns about the Agreement
between the City of University Park and Redflex Traffic Systems, Inc. for the Photo Red Light
Enforcement Program.
Termination for Convenience
This contract is for a term of three (3) years. In the earlier version of the contract, the
Council expressed concern that the only way to terminate the contract was for cause. The
following language was added to the contract to allow the City to terminate for convenience.
The penalty fees for terminating before the three-year contract expires are included:
6.2. Termination for Convenience. The Customer may terminate this Agreement
without cause (“Termination for Convenience”) at any time by giving thirty (30) days
written notice thereof to Redflex. In the event the Customer exercises its right to
Termination for Convenience, the Customer shall reimburse Redflex an amount equal
to the Unamortized Value, as hereinafter defined, of the direct labor costs and direct
material costs (not including Equipment costs and salvageable material costs) solely
associated with the installation of the Redflex Photo Red Light System at all
Intersection Approaches where such system(s) have been installed prior to the
effective date of Termination for Convenience (the “Reimbursable Costs”). Redflex
shall provide an itemization of the Reimbursable Costs, with supporting invoices and
labor expense documentation, to the Customer within thirty (30) days of the
completion of installation of the Redflex Photo Red Light System at each designated
Intersection Approach. Said Reimbursable Costs are currently estimated to equal
approximately $25,000 to $40,000 per Intersection Approach but, in no event, shall
said amount exceed $40,000 per Intersection Approach. For the purpose of this
section, the Unamortized Value for each Intersection Approach shall be derived as
follows: first, by multiplying the Reimbursable Costs by the number of complete
months remaining between the effective Termination for Convenience date and the
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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9:19 AM 08/31/06
date that is 36 months after the Effective Date, and, then, by dividing said product by
the number of complete months between the date of the completion of installation of
the Redflex Photo Red Light System at said Intersection Approach and the date that
is 36 months after the Effective Date.
Indemnification and Liability
The Council expressed concern that the City is required to indemnify Redflex against the
willful misconduct of a City employee. Luanne Hanford, the City’s Risk Manager, learned
through TML that liability claims arising from willful misconduct are not covered by the City’s
insurance; however, assuming the claim would be a covered claim, if not arising from willful
misconduct, TML would provide a defense until willful misconduct was established. An
employee's willful misconduct is not necessarily the City's willful misconduct. This means that
the City may still be covered, even if the employee is not.
RECOMMENDATION:
Staff recommends authorizing the City Manager to approve the attached revised agreement
with Redflex for the Photo Red Light Enforcement Program.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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9:19 AM 08/31/06
AGREEMENT BETWEEN THE CITY OF UNIVERSITY PARK
AND REDFLEX TRAFFIC SYSTEMS, INC. FOR
PHOTO RED LIGHT ENFORCEMENT PROGRAM
This Agreement (this “Agreement”) is made as of this __ day of August, 2006 by and
st
between Redflex Traffic Systems, Inc. with offices at 6047 Bristol Parkway 1 Floor,
Culver City, California 90230 (“Redflex”), and The City of University Park, a municipal
corporation, with offices at 3800 University Boulevard, University Park, Texas, 75205
(the “Customer”).
RECITALS
WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain
equipment, licenses, applications, and Notice of Violation processes related to digital
photo red light enforcement systems; and
WHEREAS, the Customer desires to engage the services of Redflex to provide certain
equipment, processes and back office services so that sworn police officers of the
Customer are able to monitor, identify and enforce red light running violations as
prescribed under Ordinance No. , providing for Automated Traffic Signal
Enforcement (herein referred as the Photo Red Light Enforcement Program); and
WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the
incidence of vehicle collisions at the traffic intersections and city streets that will be
monitored pursuant to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
DEFINITIONS.
1. In this Agreement, the words and phrases below shall have the
following meanings:
1.1.“Authorized Officer” means the Police Project Manager or such other
individual(s) as the Customer shall designate to review Potential Violations and
to authorize the Issuance of Notice of Violations in respect thereto, and in any
event, a sworn police officer of the City of University Park, Texas, appointed by
the Chief of Police.
1.2.“Authorized Violation” means each Potential Violation in the Violation Data for
which authorization to issue a Notice of Violation in the form of an Electronic
Signature is given by the Authorized Officer by using the Redflex System.
1.3.“Notice of Violation” means the notice of a Violation, which is mailed or
otherwise delivered by Redflex to the violator on the appropriate Enforcement
Documentation in respect of each Authorized Violation.
1
1.4.“Confidential or Private Information” means, with respect to any Person, any
information, matter or thing of a secret, confidential or private nature, whether or
not so labeled, which is connected with such Person’s business or methods of
operation or concerning any of such Person’s suppliers, licensors, licensees,
customers or others with whom such Person has a business relationship, and
which has current or potential value to such Person or the unauthorized
disclosure of which could be detrimental to such Person, including but not
limited to:
1.4.1.Matters of a business nature, including but not limited to information
relating to development plans, costs, finances, marketing plans, data,
procedures, business opportunities, marketing methods, plans and strategies,
the costs of construction, installation, materials or components, the prices
such Person obtains or has obtained from its clients or customers, or at
which such Person sells or has sold its services; and
1.4.2.Matters of a technical nature, including but not limited to product
information, trade secrets, know-how, formulae, innovations, inventions,
devices, discoveries, techniques, formats, processes, methods, specifications,
designs, patterns, schematics, data, access or security codes, compilations of
information, test results and research and development projects. For
purposes of this Agreement, the term “trade secrets” shall mean the broadest
and most inclusive interpretation of trade secrets.
1.4.3.Notwithstanding the foregoing, Confidential Information will not include
information that: (i) was generally available to the public or otherwise part
of the public domain at the time of its disclosure, (ii) became generally
available to the public or otherwise part of the public domain after its
disclosure and other than through any act or omission by any party hereto in
breach of this Agreement, (iii) was subsequently lawfully disclosed to the
disclosing party by a person other than a party hereto, (iv) was required by a
court of competent jurisdiction to be described, or (v) was required by
applicable state law to be described.
1.5.“Designated Intersection Approaches” means the Intersection Approaches set
forth on Exhibit “A” attached hereto, and such additional Intersection
Approaches as Redflex and the Customer shall mutually agree upon from time to
time.
1.6.“Electronic Signature” means the method through which the Authorized Officer
indicates his or her approval of the issuance of a Notice of Violation in respect of
a Potential Violation using the Redflex System.
1.7.“Enforcement Documentation” means the necessary and appropriate
documentation related to the Photo Red Light Enforcement Program, including
but not limited to warning letters, violation notices (using City specifications), a
numbering sequence for use on all Notice of Violation, instructions to
accompany each issued Notice of Violation (including in such instructions a
description of basic adjudication procedures, payment options and information
regarding the viewing of images and data collected by the Redflex System),
chain of custody records, criteria regarding operational policies for processing
Notices of Violation (including with respect to coordinating with the Department
2
of Motor Vehicles), and technical support documentation for adjudication
personnel .
1.8.“Equipment” means any and all cameras, sensors, equipment, components,
products, software and other tangible and intangible property relating to the
Redflex Photo Red Light System(s), including but not limited to all camera
systems, housings, radar units, severs and poles.
1.9.‘“Fine” means a monetary sum in the form of a civil penalty assessed for each
Notice of Violation.
1.10.“Governmental Authority” means any domestic or foreign government,
governmental authority, court, tribunal, agency or other regulatory,
administrative or judicial agency, commission or organization, and any
subdivision, branch or department of any of the foregoing.
1.11.“Installation Date of the Photo Red Light Program” means the date on
which Redflex completes the construction and installation of at least one (1)
Intersection Approach in accordance with the terms of this Agreement so that
such Intersection Approach is operational for the purposes of functioning with
the Redlight Photo Enforcement Program.
1.12. “Intellectual Property” means, with respect to any Person, any and all
now known or hereafter known tangible and intangible (a) rights associated with
works of authorship throughout the world, including but not limited to
copyrights, moral rights and mask-works, (b) trademark and trade name rights
and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and
other industrial property rights, (e) all other intellectual and industrial property
rights (of every kind and nature throughout the universe and however
designated), whether arising by operation of law, contract, license, or otherwise,
and (f) all registrations, initial applications, renewals, extensions, continuations,
divisions or reissues hereof now or hereafter in force (including any rights in any
of the foregoing), of such Person.
1.13.“Intersection Approach” means a conduit of travel with up to four (4)
contiguous lanes from the curb (e.g., northbound, southbound, eastbound or
westbound) on which at least one (1) system has been installed by Redflex for
the purposes of facilitating Red Light Photo Enforcement by the Customer.
1.14.“Operational Period” means the period of time during the Term,
commencing on the Installation Date, during which the Photo Red Light
Enforcement Program is functional in order to permit the identification and
prosecution of Violations at the Designated City Streets and Intersection
Approaches by a sworn police officer of the Customer and the issuance of
Notices of Violation for such approved Violations using the Redflex System.
1.15.“Person” means a natural individual, company, Governmental Authority,
partnership, firm, corporation, legal entity or other business association.
1.16.“Police Project Manager” means the project manager appointed by the
Customer in accordance with this Agreement, who shall be a sworn police officer
and shall be responsible for overseeing the installation of the Intersection
Approaches and the implementation of the Redlight Photo Enforcement Program,
and which manager shall have the power and authority to make management
decisions relating to the Customer’s obligations pursuant to this Agreement,
3
including but not limited to change order authorizations, subject to any
limitations set forth in the Customer’s charter or other organizational documents
of the Customer or by the city council of the Customer.
1.17. “Potential Violation” means, with respect to any motor vehicle passing
through a Designated City Street and/or Intersection Approach, the data collected
by the Redflex System with respect to such motor vehicle, which data shall be
processed by the Redflex System for the purposes of allowing the Authorized
Officer to review such data and determine whether a Red Light Violation has
occurred.
1.18.“Proprietary Property” means, with respect to any Person, any written or
tangible property owned or used by such Person in connection with such
Person’s business, whether or not such property is copyrightable or also qualifies
as Confidential Information, including without limitation products, samples,
equipment, files, lists, books, notebooks, records, documents, memoranda,
reports, patterns, schematics, compilations, designs, drawings, data, test results,
contracts, agreements, literature, correspondence, spread sheets, computer
programs and software, computer print outs, other written and graphic records
and the like, whether originals, copies, duplicates or summaries thereof, affecting
or relating to the business of such Person, financial statements, budgets,
projections and invoices.
1.19.“Redflex Marks” means all trademarks registered in the name of Redflex
or any of its affiliates, such other trademarks as are used by Redflex or any of its
affiliates on or in relation to Photo Red Light Enforcement at any time during the
Term this Agreement, service marks, trade names, logos, brands and other marks
owned by Redflex, and all modifications or adaptations of any of the foregoing.
1.20.“Redflex Project Manager” means the project manager appointed by
Redflex in accordance with this Agreement, or such other person as Redflex shall
designate by providing written notice thereof to the Customer from time to time,
who shall be responsible for overseeing the construction and installation of the
Designated Intersection Approaches and the implementation the Photo Red Light
Enforcement Program, and who shall have the power and authority to make
management decisions relating to Redflex’s obligations pursuant to this
Agreement, including but not limited to change-order authorizations.
1.21.“Redflex Photo Red Light System” means, collectively, the SmartCam™
System, the SmartOps™ System, the Redlight Photo Enforcement Program, and
all of the other equipment, applications, back office processes and digital red
light traffic enforcement cameras, sensors, components, products, software and
other tangible and intangible property relating thereto.
1.22.“Photo Red Light Enforcement Program” means the process by which the
monitoring, identification and enforcement of Violations is facilitated by the use
of certain equipment, applications and back office processes of Redflex,
including but not limited to cameras, flashes, central processing units, signal
controller interfaces and detectors (whether loop, radar or video loop) which,
collectively, are capable of measuring Violations and recording such Violation
data in the form of photographic images of motor vehicles.
4
1.23.“Photo Red Light Violation Criteria” means the standards and criteria by
which Potential Violations will be evaluated by sworn police officers of the
Customer, which standards and criteria shall include, but are not limited to, the
duration of time that a traffic light must remain red prior to a Violation being
deemed to have occurred, and the location(s) in an intersection which a motor
vehicle must pass during a red light signal prior to being deemed to have
committed a Violation, all of which shall be in compliance with all applicable
laws, rules and regulations of Governmental Authorities.
1.24.“SmartCam™ System” means the proprietary digital redlight photo
enforcement system of Redflex relating to the Photo Red Light Enforcement
Program.
1.25.“SmartOps™ System” means the proprietary back-office processes of
Redflex relating to the Photo Red Light Enforcement Program.
1.26.“SmartScene™ System” means the proprietary digital video camera unit,
hardware and software required for providing supplemental violation data.
1.27.“Traffic Signal Controller Boxes” means the signal controller interface
and detector, including but not limited to the radar or video loop, as the case may
be.
1.28.“Violation” means any traffic violation contrary to the terms of the Texas
Transportation Code or any applicable rule, regulation or law of any other
Governmental Authority, including but not limited to operating a motor vehicle
contrary to traffic signals, and operating a motor vehicle without displaying a
valid license plate or registration.
1.29.“Violations Data” means the images and other Violations data gathered by
the Redflex System at the Designated City Streets and/or Intersection
Approaches.
1.30.“Warning Period” means the period that only warning notices and not
Notices of Violation shall be sent during the 30 day period commencing with the
installation of a traffic-control signal monitoring device.
TERM.
2. The term of this Agreement shall commence as of the date hereof and shall
continue for a period of three (3) years after the Installation Date (the “Initial Term”).
The Customer shall have the right, but not the obligation, to extend the term of this
Agreement for up to three (3) additional consecutive and automatic one (1) year
periods following the expiration of the Initial Term (each, a “Renewal Term” and
collectively with the Initial Term, the “Term”). The Customer may exercise the right
to extend the term of this Agreement for a Renewal Term by providing written notice
to Redflex not less than thirty (30) days prior to the last day of the Initial Term or the
Renewal Term, as the case may be.
SERVICES.
3. Redflex shall provide the Photo Red Light Enforcement Program to the
Customer, in each case in accordance with the terms and provisions set forth in this
Agreement. This Agreement shall consist not only of the terms and conditions set
forth in this document but also the Redflex Traffic Systems USA Bid Proposal for
Automated Traffic Signal Enforcement System incorporated herein in its entirety
(Exhibit “G”). In the event of a conflict in interpretation, the documents shall control
5
in the order listed above. These documents shall be referred to collectively as
“Contract Documents.”
3.1.INSTALLATION. With respect to the construction and installation of (1) the
Designated Intersection Approaches and the installation of the Redflex System at
such Designated Intersection Approaches, the Customer and Redflex shall have
the respective rights and obligations set forth on Exhibit “B” attached hereto.
3.2.MAINTENANCE. With respect to the maintenance of the Redflex System at the
Designated Intersection Approaches the Customer and Redflex shall have the
respective rights and obligations set forth on Exhibit “C” attached hereto.
3.3.VIOLATION PROCESSING. During the Operational Period, Violations shall
be processed as follows:
3.3.1.All Violations Data shall be stored on the Redflex System;
3.3.2.The Redflex System shall process Violations Data gathered from the
Designated City Streets and/or Intersection Approaches into a format
capable of review by the Authorized Officer via the Redflex System;
3.3.3.The Redflex System shall be accessible by the Authorized Officer through
a virtual private network in encrypted format by use of a confidential
password on any computer equipped with a high-speed internet connection
and a web browser;
3.3.4.Redflex shall provide the Authorized Officer with access to the Redflex
System for the purposes of reviewing the pre-processed Violations Data
within an average of four (4) days of the gathering of the Violation Data
from the applicable Designated City Streets and/or Intersection Approaches
3.3.5.The Customer shall cause the Authorized Officer to review the Violations
Data and to determine whether a Notice of Violation shall be issued with
respect to each Potential Violation captured within such Violation Data, and
transmit each such determination in the form of an Electronic Signature to
Redflex using the software or other applications or procedures provided by
Redflex on the Redflex System for such purpose, and REDFLEX HEREBY
ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A
NOTICE OF VIOLATION SHALL BE THE SOLE, UNILATERAL AND
EXCLUSIVE DECISION OF THE AUTHORIZED OFFICER AND
SHALL BE MADE IN SUCH AUTHORIZED OFFICER’S SOLE
DISCRETION (A “NOTICE OF VIOLATION DECISION”), AND IN NO
EVENT SHALL REDFLEX HAVE THE ABILITY OR
AUTHORIZATION TO MAKE A NOTICE OF VIOLATION DECISION;
3.3.6.With respect to each Authorized Violation, Redflex shall print and mail a
Notice of Violation within two (2) days after Redflex’s receipt of such
authorization; provided, however, during the Warning Period, warning
violation notices shall be issued in respect of all Authorized Violations;
3.3.7.Redflex shall provide a toll-free telephone number for the purposes of
answering citizen enquiries.
3.3.8.Redflex shall permit the Authorized Officer to generate reports as needed
using the Redflex Standard Report System.
3.3.9.Prior to the installation date of the Photo Red Light Program, Redflex
shall open and maintain a local customer office for the walk-in payment of
6
fines and a local mailing address in the Dallas metropolitan area to accept
payment by mail.
3.3.10.Upon Redflex’s receipt of a written request from the Customer and in
addition to the Standard Reports, Redflex shall provide, without cost to the
Customer, reports regarding the processing and issuance of Notices of
Violation, the maintenance and downtime records of the Designated
Intersection Approaches and the functionality of the Redflex System with
respect thereto to the Customer in such format and for such periods as the
Customer may reasonably request; provided, however, Redflex shall not be
obligated to provide in excess of six (6) such reports in any given twelve
(12) month period without cost to the Customer;
3.3.11.Upon the Customer’s receipt of a written request from Redflex, the
Customer shall provide, without cost to Redflex, reports regarding the
prosecution of Notices of Violation and the collection of fines, fees and
other monies in respect thereof in such format and for such periods as
Redflex may reasonably request; provided, however, the Customer shall not
be obligated to provide in excess of six (6) such reports in any given twelve
(12) month period without cost to Redflex;
3.3.12.Upon Redflex’s receipt of a written request from the Customer at least
fourteen (14) calendar days in advance of the adjudication proceeding,
Redflex shall provide expert witnesses for use by the Customer in
prosecuting Violations; provided, however, the Customer shall use
reasonable best efforts to seek judicial notice in lieu of requiring Redflex to
provide such expert witnesses; and
3.3.13.During the three (3) month period following the Installation Date, Redflex
shall provide such training to police personnel as shall be reasonably
necessary in order to allow such personnel to act as expert witnesses on
behalf of the Customer with respect to the Redlight Enforcement Program.
3.4.PROSECUTION AND COLLECTION; COMPENSATION. The Customer shall
diligently prosecute all contested Notices of Violation before the hearing officer
and any appeal to Customer’s municipal court. Redflex shall diligently prosecute
the collection of all Fines, contested or uncontested. All payments will be
collected and deposited into a Customer specified account and will be in direct
accordance with the Customer’s guidelines. Redflex will employ a collection
service to collect delinquent payments with a goal of achieving a 70-80%
collection rate. Redflex shall have the right to receive, and the Customer shall be
obligated to pay, the compensation set forth on Exhibit “D” attached hereto.
3.5.OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of
the other rights and obligations set forth in this Agreement, Redflex and the
Customer shall have the respective rights and obligations set forth on Exhibit “E”
attached hereto.
3.6.CHANGE ORDERS. The Customer may from time to time request changes to
the work required to be performed or the addition of products or services to those
required pursuant to the terms of this Agreement by providing written notice
thereof to Redflex, setting forth in reasonable detail the proposed changes (a
“Change Order Notice”). Upon Redflex’s receipt of a Change Order Notice,
7
Redflex shall deliver a written statement describing the effect, if any, the
proposed changes would have on the pricing terms set forth in Exhibit “D” (the
“Change Order Proposal”), which Change Order Proposal shall include (i) a
detailed breakdown of the charge and schedule effects, (ii) a description of any
resulting changes to the specifications and obligations of the parties, (iii) a
schedule for the delivery and other performance obligations, and (iv) any other
information relating to the proposed changes reasonably requested by the
Customer. Following the Customer’s receipt of the Change Order Proposal, the
parties shall negotiate in good faith and agree to a plan and schedule for
implementation of the proposed changes, the time, manner and amount of
payment or price increases or decreases, as the case may be, and any other
matters relating to the proposed changes; provided, however, in the event that
any proposed change involves only the addition of equipment or services to the
existing Designated Intersection Approaches, Designated City Vehicles, or the
addition of Intersection Approaches to be covered by the terms of this
Agreement, to the maximum extent applicable, the pricing terms set forth in
Exhibit “D” shall govern. Any failure of the parties to reach agreement with
respect to any of the foregoing as a result of any proposed changes shall not be
deemed to be a breach of this Agreement, and any disagreement shall be resolved
in accordance with Section 10.
4.License; Reservation of Rights.
4.1.License. Subject to the terms and conditions of this Agreement, Redflex hereby
grants the Customer, and the Customer hereby accepts from Redflex upon the
terms and conditions herein specified, a non-exclusive, non-transferable license
during the Term of this Agreement to: (a) solely within the City of University
Park, access and use the Redflex System for the sole purpose of reviewing
Potential Violations and authorizing the issuance of Notice of Violations pursuant
to the terms of this Agreement, and to print copies of any content posted on the
Redflex System in connection therewith, (b) disclose to the public (including
outside of the City of University Park) that Redflex is providing services to the
Customer in connection with Photo Red Light Enforcement Program pursuant to
the terms of this Agreement, and (c) use and display the Redflex Marks on or in
marketing, public awareness or education, or other publications or materials
relating to the Photo Red Light Enforcement Program, so long as any and all
such publications or materials are approved in advance by Redflex.
4.2.RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees
that: (a) Redflex is the sole and exclusive owner of the Redflex System, the
Redflex Marks, all Intellectual Property arising from or relating to the Redflex
System, and any and all related Equipment, (b) the Customer neither has nor
makes any claim to any right, title or interest in any of the foregoing, except as
specifically granted or authorized under this Agreement, and (c) by reason of the
exercise of any such rights or interests of Customer pursuant to this Agreement,
the Customer shall gain no additional right, title or interest therein.
4.3.RESTRICTED USE. The Customer hereby covenants and agrees that it shall not
(a) make any modifications to the Redflex System, including but not limited to
any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any
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of the Redflex Marks in any way which might prejudice their distinctiveness,
validity or the goodwill of Redflex therein, (d) use any trademarks or other marks
other than the Redflex Marks in connection with the Customer’s use of the
Redflex System pursuant to the terms of this Agreement without first obtaining
the prior consent of Redflex, or (e) disassemble, de-compile or otherwise perform
any type of reverse engineering to the Redflex System, the Redflex System,
including but not limited to any Equipment, or to any, Intellectual Property or
Proprietary Property of Redflex, or cause any other Person to do any of the
foregoing.
4.4.PROTECTION OF RIGHTS. Redflex shall have the right to take whatever
action it deems necessary or desirable to remedy or prevent the infringement of
any Intellectual Property of Redflex, including without limitation the filing of
applications to register as trademarks in any jurisdiction any of the Redflex
Marks, the filing of patent application for any of the Intellectual Property of
Redflex, and making any other applications or filings with appropriate
Governmental Authorities. The Customer shall not take any action to remedy or
prevent such infringing activities, and shall not in its own name make any
registrations or filings with respect to any of the Redflex Marks or the
Intellectual Property of Redflex without the prior written consent of Redflex.
4.5.INFRINGEMENT. The Customer shall use its reasonable best efforts to give
Redflex prompt notice of any activities or threatened activities of any Person of
which it becomes aware that infringes or violates the Redflex Marks or any of
Redflex’s Intellectual Property or that constitute a misappropriation of trade
secrets or act of unfair competition that might dilute, damage or destroy any of
the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall
have the exclusive right, but not the obligation, to take action to enforce such
rights and to make settlements with respect thereto. In the event that Redflex
commences any enforcement action under this Section 4.5, then the Customer
shall render to Redflex such reasonable cooperation and assistance as is
reasonably requested by Redflex, and Redflex shall be entitled to any damages or
other monetary amount that might be awarded after deduction of actual costs;
provided, that Redflex shall reimburse the Customer for any reasonable costs
incurred in providing such cooperation and assistance.
4.6.INFRINGING USE. The Customer shall give Redflex prompt written notice of
any action or claim action or claim, whether threatened or pending, against the
Customer alleging that the Redflex Marks, or any other Intellectual Property of
Redflex, infringes or violates any patent, trademark, copyright, trade secret or
other Intellectual Property of any other Person, and the Customer shall render to
Redflex such reasonable cooperation and assistance as is reasonably requested by
Redflex in the defense thereof; provided, that Redflex shall reimburse the
Customer for any reasonable costs incurred in providing such cooperation and
assistance. If such a claim is made and Redflex determines, in the exercise of its
sole discretion, that an infringement may exist, Redflex shall have the right, but
not the obligation, to procure for the Customer the right to keep using the
allegedly infringing items, modify them to avoid the alleged infringement or
replace them with non-infringing items.
9
5.Representations and Warranties.
5.1.Redflex Representations and Warranties.
5.1.1.Authority. Redflex hereby warrants and represents that it has all right,
power and authority to execute and deliver this Agreement and perform its
obligations hereunder.
5.1.2.Professional Services. Redflex hereby warrants and represents that any
and all services provided by Redflex pursuant to this Agreement shall be
performed in a professional and workmanlike manner and, with respect to
the installation of the Redflex System, subject to applicable law, in
compliance with all specifications provided to Redflex by the Customer.
5.2.Customer Representations and Warranties.
5.2.1.Authority. The Customer hereby warrants and represents that it has all
right, power and authority to execute and deliver this Agreement and
perform its obligations hereunder.
5.2.2.Professional Services. The Customer hereby warrants and represents that
any and all services provided by the Customer pursuant to this Agreement
shall be performed in a professional and workmanlike manner.
5.3.LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS
AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR
ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF
THE CUSTOMER’S USE OF ANY OF THE FOREGOING.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH
HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE
DESIGNATED INTERSECTION APPROACHES OR THE REDFLEX
SYSTEM WILL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR
USE, OR THAT THE OPERATION OR USE THEREOF WILL BE
UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT
THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME,
AND SUBJECT TO THE TERMS OF THIS AGREEMENT, REDFLEX SHALL
DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN
A TIMELY MANNER.
6.Termination.
TERMINATION FOR CAUSE
6.1.: Either party shall have the right to terminate
this Agreement immediately by written notice to the other if (i) state statutes are
amended to prohibit or substantially change the operation of photo red light
enforcement systems; (ii) any court having jurisdiction over the City rules, or a
state or federal statute or judicial decision declares, that results from the Redflex
System of photo red light enforcement are inadmissible in evidence; or (iii) the
other party commits any material breach of any of the provisions of this
Agreement. In the event of a termination due to Section 6.1(i) or 6.1(ii) above,
Customer shall be relieved of any further obligations for payment to Redflex
other than as specified in Exhibit “D”. Either party shall have the right to
remedy the cause for termination (Sec 6.1) within forty-five (45) calendar days
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(or within such other time period as the Customer and Redflex shall mutually
agree, which agreement shall not be unreasonably withheld or delayed) after
written notice from the non-causing party setting forth in reasonable detail the
events of the cause for termination.
6.2.The rights to terminate this Agreement given in this Section 6.1 shall be without
prejudice to any other right or remedy of either party in respect of the breach
concerned (if any) or any other breach of this Agreement.
6.3.PROCEDURES UPON TERMINATION. The termination of this Agreement
shall not relive either party of any liability that accrued prior to such termination.
Except as set forth in Section 6.3, upon the termination of this Agreement, all of
the provisions of this Agreement shall terminate and:
6.3.1.Redflex shall (i) immediately cease to provide services, including but not
limited to work in connection with the construction or installation activities
and services in connection with the Photo Red Light Enforcement Program,
(ii) promptly deliver to the Customer any and all Proprietary Property of the
Customer provided to Redflex pursuant to this Agreement, (iii) promptly
deliver to the Customer a final report to the Customer regarding the
collection of data and the issuance of Notice of Violations in such format
and for such periods as the Customer may reasonably request, and which
final report Redflex shall update or supplement from time to time when and
if additional data or information becomes available, (iv) promptly deliver to
Customer a final invoice stating all fees and charges properly owed by
Customer to Redflex for work performed and Notice of Violations issued by
Redflex prior to the termination, and (v) provide such assistance as the
Customer may reasonably request from time to time in connection with
prosecuting and enforcing Notice of Violations issued prior to the
termination of this Agreement.
6.3.2.The Customer shall (i) immediately cease using the Photo Red Light
Enforcement Program, accessing the Redflex System and using any other
Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and all
Proprietary Property of Redflex provided to the Customer pursuant to this
Agreement, and (iii) promptly pay any and all fees, charges and amounts
properly owed by Customer to Redflex for work performed and Notice of
Violations issued by Redflex prior to the termination.
6.3.3.Unless the Customer and Redflex have agreed to enter into a new
agreement relating to the Photo Red Light Enforcement Program or have
agreed to extend the Term of this Agreement, Redflex shall remove any and
all Equipment or other materials of Redflex installed in connection with
Redflex’s performance of its obligations under this Agreement, including but
not limited to housings, poles and camera systems, and Redflex shall restore
the Designated City Vehicles and Designated Intersection Approaches to
substantially the same condition such Designated Intersection Approaches
were in immediately prior to this Agreement.
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6.4.TERMINATION FOR CONVENIENCE. The Customer may terminate this
Agreement without cause (“Termination for Convenience”) at any time by giving
thirty (30) days’ written notice thereof to Redflex. In the event the Customer
exercises its right to Termination for Convenience, the Customer shall reimburse
Redflex an amount equal to the Unamortized Value, as hereinafter defined, of the
direct labor costs and direct material costs (not including Equipment costs and
salvageable material costs) solely associated with the installation of the Redflex
Photo Red Light System at all Intersection Approaches where such system(s)
have been installed prior to the effective date of Termination for Convenience
(the “Reimbursable Costs”). Redflex shall provide an itemization of the
Reimbursable Costs, with supporting invoices and labor expense documentation,
to the Customer within thirty (30) days of the completion of installation of the
Redflex Photo Red Light System at each designated Intersection Approach. Said
Reimbursable Costs are currently estimated to equal approximately $25,000 to
$40,000 per Intersection Approach but, in no event, shall said amount exceed
$40,000 per Intersection Approach. For the purpose of this section, the
Unamortized Value for each Intersection Approach shall be derived as follows:
first, by multiplying the Reimbursable Costs by the number of complete months
remaining between the effective Termination for Convenience date and the date
that is 36 month after the Effective Date, and, then, by dividing said product by
the number of complete months between the date of the completion of
installation of the Redflex Photo Red Light System at said Intersection Approach
and the date that is 36 months after the Effective Date.
6.5.SURVIVAL. Notwithstanding the foregoing, the definitions and each of the
following shall survive the termination of this Agreement: (x) Sections 4.2
(Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2
(Customer Representations and Warranties), 5.3 (Limited Warranty), 7
(Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 (Dispute
Resolution), 11.1 (Assignment), 11.17 (Applicable Law), 11.16 (Injunctive
Relief; Specific Performance) and 11.18 (Jurisdiction and Venue), and (y) those
provisions, and the rights and obligations therein, set forth in this Agreement
which either by their terms state, or evidence the intent of the parties, that the
provisions survive the expiration or termination of the Agreement, or must
survive to give effect to the provisions of this Agreement.
CONFIDENTIALITY.
7. During the term of this Agreement and for a period of three
(3) years thereafter, neither party shall disclose to any third person, or use for itself in
any way for pecuniary gain, any Confidential Information learned from the other
party during the course of the negotiations for this Agreement or during the Term of
this Agreement. Upon termination of this Agreement, each party shall return to the
other all tangible Confidential Information of such party. Each party shall retain in
confidence and not disclose to any third party any Confidential Information without
the other party’s express written consent, except (a) to its employees who are
reasonably required to have the Confidential Information, (b) to its agents,
representatives, attorneys and other professional advisors that have a need to know
such Confidential Information, provided that such parties undertake in writing (or are
otherwise bound by rules of professional conduct) to keep such information strictly
12
confidential, and (c) pursuant to, and to the extent of, a request or order by any
Governmental Authority, including laws relating to public records.
8.Indemnification and Liability.
8.1.Indemnification by Redflex. Subject to Section 8.3, Redflex hereby agrees to
defend and indemnify the Customer and its affiliates, shareholders or other
interest holders, managers, officers, directors, employees, agents, representatives
and successors, permitted assignees and each of their affiliates, and all persons
acting by, through, under or in concert with them, or any of them (individually a
“Customer Party” and collectively, the “Customer Parties”) against, and to
protect, save and keep harmless the Customer Parties from, and to pay on behalf
of or reimburse the Customer Parties as and when incurred for, any and all
liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits,
judgments, settlements, costs, expenses and disbursements (including reasonable
attorneys’, accountants’ and expert witnesses’ fees) of whatever kind and nature
(collectively, “Losses”), which may be imposed on or incurred by any Customer
Party arising out of or related to (a) any material misrepresentation, inaccuracy or
breach of any covenant, warranty or representation of Redflex contained in this
Agreement, or (b) the willful misconduct of Redflex, its employees or agents
which result in death or bodily injury to any natural person (including third
parties) or any damage to any real or tangible personal property (including the
personal property of third parties), except to the extent caused by the willful
misconduct of any Customer Party.
8.2.Indemnification by Customer. Subject to Section 8.3, the Customer, to the extent
allowed by law and without waiving any rights, defenses or immunities provided
to it by the Texas Tort Claims Act, hereby agrees to defend and indemnify
Redflex and its affiliates, shareholders or other interest holders, managers,
officers, directors, employees, agents, representatives and successors, permitted
assignees and all persons acting by, through, under or in concert with them, or
any of them (individually a “Redflex Party” and collectively, the “Redflex
Parties”) against, and to protect, save and keep harmless the Redflex Parties
from, and to pay on behalf of or reimburse the Redflex Parties as and when
incurred for, any and all Losses which may be imposed on or incurred by any
Redflex Party arising out of or in any way related to (a) any material
misrepresentation, inaccuracy or breach of any covenant, warranty or
representation of the Customer contained in this Agreement, or (b) the
negligence of the Customer, its employees, contractors or agents which result in
death or bodily injury to any natural person (including third parties) or any
damage to any real or tangible personal property (including the personal property
of third parties), except to the extent caused by the willful misconduct of any
Redflex Party.
8.3.Indemnification Procedures. In the event any claim, action or demand (a
“Claim”) in respect of which any party hereto seeks indemnification from the
other, the party seeking indemnification (the “Indemnified Party”) shall give the
party from whom indemnification is sought (the “Indemnifying Party”) written
notice of such Claim promptly after the Indemnified Party first becomes aware
thereof; provided, however, that failure so to give such notice shall not preclude
13
indemnification with respect to such Claim except to the extent of any additional
or increased Losses or other actual prejudice directly caused by such failure. The
Indemnifying Party shall have the right to choose counsel to defend such Claim
(subject to the approval of such counsel by the Indemnified Party, which
approval shall not be unreasonably withheld, conditioned or delayed), and to
control, compromise and settle such Claim, and the Indemnified Party shall have
the right to participate in the defense at its sole expense; provided, however, the
Indemnified Party shall have the right to take over the control of the defense or
settlement of such Claim at any time if the Indemnified Party irrevocably waives
all rights to indemnification from and by the Indemnifying Party. The
Indemnifying Party and the Indemnified Party shall cooperate in the defense or
settlement of any Claim, and no party shall have the right enter into any
settlement agreement that materially affects the other party’s material rights or
material interests without such party’s prior written consent, which consent will
not be unreasonably withheld or delayed.
8.4.LIMITED LIABILITY. Notwithstanding anything to the contrary in this
Agreement, neither party shall be liable to the other, by reason of any
representation or express or implied warranty, condition or other term or any duty
at common or civil law, for any indirect, incidental, special, lost profits or
consequential damages, however caused and on any theory of liability arising out
of or relating to this Agreement.
NOTICES.
9. Any notices to be given hereunder shall be in writing, and shall be
deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days
after being mailed first class, certified mail, return receipt requested, postage and
registry fees prepaid, or (c) one Business Day after being delivered to a reputable
overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next
day delivery, if the courier service obtains a signature acknowledging receipt, in each
case addressed or sent to such party as follows:
9.1.Notices to Redflex:
Redflex Traffic Systems, Inc.
th
15020 North 74 Street
Scottsdale, AZ 85260
Attention: Ms. Karen Finley
Facsimile: (480) 607-5552
9.2.Notices to the Customer:
City of University Park
Attention: Chief of Police
3800 University Blvd.
University Park, Texas 75205
(214) 363-1644
Facsimile: (214) 987-5399
DISPUTE RESOLUTION.
10. Upon the occurrence of any dispute or disagreement
between the parties hereto arising out of or in connection with any term or provision
of this Agreement, the subject matter hereof, or the interpretation or enforcement
hereof (the “Dispute”), the parties shall engage in informal, good faith discussions
14
and attempt to resolve the Dispute. In connection therewith, upon written notice of
either party, each of the parties will appoint a designated officer whose task it shall be
to meet for the purpose of attempting to resolve such Dispute. The designated
officers shall meet as often as the parties shall deem to be reasonably necessary. Such
officers will discuss the Dispute. If the parties are unable to resolve the Dispute in
accordance with this Section 10, and in the event that either of the parties concludes
in good faith that amicable resolution through continued negotiation with respect to
the Dispute is not reasonably likely, then the parties may mutually agree to submit to
binding or nonbinding arbitration or mediation.
11.Miscellaneous.
11.1.ASSIGNMENT. Neither party may assign all or any portion of this
Agreement without the prior written consent of the other. However, the
Customer hereby acknowledges and agrees that the execution (as outlined in
Exhibit “F”), delivery and performance of Redflex’s rights pursuant to this
Agreement shall require a significant investment by Redflex, and that in order to
finance such investment, Redflex may be required to enter into certain
agreements or arrangements (“Financing Transactions”) with equipment lessors,
banks, financial institutions or other similar persons or entities (each, a
“Financial Institution” and collectively, “Financial Institutions”). The Customer
hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or
otherwise transfer (“Transfer”) its rights, or any of them, under this Agreement to
any Financial Institution in connection with any Financing Transaction between
Redflex and any such Financial Institution, subject to the Customer’s prior
written approval, which approval shall not be unreasonably withheld or delayed.
The Customer further acknowledges and agrees that in the event that Redflex
provides written notice to the Customer that it intends to Transfer all or any of
Redflex’s rights pursuant to this Agreement, and in the event that the Customer
fails to provide such approval or fails to object to such Transfer within forty-five
(45) business days after its receipt of such notice from Redflex, for the purposes
of this Agreement, the Customer shall be deemed to have consented to and
approved such Transfer by Redflex. Notwithstanding the above, this Agreement
shall inure to the benefit of, and be binding upon, the parties hereto, and their
respective successors or assigns.
11.2.“SPEED ENFORCEMENT” The Customer and Redflex agree that should
legislation or local ordinance be enacted to enable the photo enforcement of
speed within the city, and the city requires this capability for public safety then
the city will have the option to extend this contract to include additional terms for
photo enforcement of speed within the city.
11.3.RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER.
Nothing in this Agreement shall create, or be deemed to create, a partnership,
joint venture or the relationship of principal and agent or employer and employee
between the parties. The relationship between the parties shall be that of
independent contractors, and nothing contained in this Agreement shall create the
relationship of principal and agent or otherwise permit either party to incur any
debts or liabilities or obligations on behalf of the other party (except as specifically
provided herein).
15
11.4.AUDIT RIGHTS. Each of parties hereto shall have the right to audit to
audit the books and records of the other party hereto (the “Audited Party”) solely
for the purpose of verifying the payments, if any, payable pursuant to this
Agreement. Any such audit shall be conducted upon not less than forty-eight
(48) hours’ prior notice to the Audited Party, at mutually convenient times and
during the Audited Party’s normal business hours. Except as otherwise provided
in this Agreement, the cost of any such audit shall be borne by the non-Audited
Party. In the event any such audit establishes any underpayment of any payment
payable by the Audited Party to the non-Audited Party pursuant to this
Agreement, the Audited Party shall promptly pay the amount of the shortfall, and
in the event that any such audit establishes that the Audited Party has underpaid
any payment by more than twenty-five percent (25%) of the amount of actually
owing, the cost of such audit shall be borne by the Audited Party. In the event
any such audit establishes any overpayment by the Audited Party of any payment
made pursuant to this Agreement, non-Audited Party shall promptly refund to the
Audited Party the amount of the excess.
11.5.FORCE MAJEURE. Neither party will be liable to the other or be
deemed to be in breach of this Agreement for any failure or delay in rendering
performance arising out of causes beyond its reasonable control and without its
fault or negligence. Such causes may include but are not limited to, acts of God
or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics,
quarantine restrictions, strikes, freight embargoes, or Governmental Authorities
approval delays which are not caused by any act or omission by Redflex, and
unusually severe weather. The party whose performance is affected agrees to
notify the other promptly of the existence and nature of any delay.
11.6.ENTIRE AGREEMENT. This Agreement represents the entire
Agreement between the parties, and there are no other agreements (other than
invoices and purchase orders), whether written or oral, which affect its terms.
This Agreement may be amended only by a subsequent written agreement signed
by both parties.
11.7.SEVERABILITY. If any provision of this Agreement is held by any court
or other competent authority to be void or unenforceable in whole or part, this
Agreement shall continue to be valid as to the other provisions thereof and the
remainder of the affected provision.
11.8.WAIVER. Any waiver by either party of a breach of any provision of this
Agreement shall not be considered as a waiver of any subsequent breach of the
same or any other provision thereof.
11.9.CONSTRUCTION Except as expressly otherwise provided in this
Agreement, this Agreement shall be construed as having been fully and
completely negotiated and neither the Agreement nor any provision thereof shall
be construed more strictly against either party.
11.10.HEADINGS. The headings of the sections contained in this Agreement
are included herein for reference purposes only, solely for the convenience of the
parties hereto, and shall not in any way be deemed to affect the meaning,
interpretation or applicability of this Agreement or any term, condition or
provision hereof.
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11.11.EXECUTION AND COUNTERPARTS. This Agreement may be
executed in any number of counterparts, each of which when so executed and
delivered shall be deemed an original, and such counterparts together shall
constitute only one instrument. Any one of such counterparts shall be sufficient
for the purpose of proving the existence and terms of this Agreement and no
party shall be required to produce an original or all of such counterparts in
making such proof.
11.12.COVENANT OF FURTHER ASSURANCES. All parties to this
Agreement shall, upon request, perform any and all acts and execute and deliver
any and all certificates, instruments and other documents that may be necessary
or appropriate to carry out any of the terms, conditions and provisions hereof or
to carry out the intent of this Agreement.
11.13.REMEDIES CUMULATIVE. Each and all of the several rights and
remedies provided for in this Agreement shall be construed as being cumulative
and no one of them shall be deemed to be exclusive of the others or of any right
or remedy allowed by law or equity, and pursuit of any one remedy shall not be
deemed to be an election of such remedy, or a waiver of any other remedy.
11.14.BINDING EFFECT. This Agreement shall inure to the benefit of and be
binding upon all of the parties hereto and their respective executors,
administrators, successors and permitted assigns.
11.15.COMPLIANCE WITH LAWS. Nothing contained in this Agreement
shall be construed to require the commission of any act contrary to law, and
whenever there is a conflict between any term, condition or provision of this
Agreement and any present or future statute, law, ordinance or regulation
contrary to which the parties have no legal right to contract, the latter shall
prevail, but in such event the term, condition or provision of this Agreement
affected shall be curtailed and limited only to the extent necessary to bring it
within the requirement of the law, provided that such construction is consistent
with the intent of the Parties as expressed in this Agreement.
11.16.NO THIRD PARTY BENEFIT. Nothing contained in this Agreement
shall be deemed to confer any right or benefit on any Person who is not a party to
this Agreement.
11.17.INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The parties
hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3
(Restricted Use) or 7 (Confidentiality) of this Agreement would result in severe
and irreparable injury to the other party, which injury could not be adequately
compensated by an award of money damages, and the parties therefore agree and
acknowledge that they shall be entitled to injunctive relief in the event of any
breach of any material term, condition or provision of this Agreement, or to
enjoin or prevent such a breach, including without limitation an action for
specific performance hereof.
11.18.APPLICABLE LAW. This Agreement shall be governed by and
construed in all respects solely in accordance with the laws of the State of Texas
and of the United States.
11.19.JURISDICTION AND VENUE. Any dispute arising out of or in
connection with this Agreement shall be submitted to the exclusive jurisdiction
17
and venue of the courts located in the County of Dallas, Texas, and both parties
specifically agree to be bound by the jurisdiction and venue thereof.
11.20.MOST FAVORED NATION CLAUSE. If Contractor, at any time during
this Contract, routinely enters into agreements with other governmental
customers within the greater Dallas metropolitan area, and offers the same or
substantially the same products/services offered to the City on a basis that
provides terms and conditions (including but not limited to, prices, warranties,
indemnification, terms relating to posting of a bond, etc.), that are, in the
aggregate and when considered as a whole, more favorable than those collective
terms and conditions provided to the City, Contractor shall notify the City in
writing within ten (10) business days thereafter of that offering and this Contract
shall be deemed to be automatically amended effective on the date of such
written notice from Contractor, wherein Contractor shall provide the same terms
and conditions to the City unless the City notifies Contractor in writing within 10
business days of Contractor's written notice that the City declines to accept such
change(s), in which case such amendment shall be deemed null and void. The
determination of whether this Article 11.20 should apply shall be subject to the
reasonable discretion of Contractor.
(The remainder of this page is left intentionally blank)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first set forth above.
“Customer” “Redflex”
CITY OF University Park REDFLEX TRAFFIC SYSTEMS, INC.,
By:
CITY MANAGER Name:
Title:
ATTEST:
______________________________
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
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EXHIBIT “A”
Designated Intersection Approaches
The contract is for the implementation of up to 20 intersections. Identification of enforced
intersection will be based on mutual agreement between Redflex and the City as
warranted by community safety and traffic needs. The following intersections are
designated:
20
EXHIBIT “B”
Construction and Installation Obligations
Timeframe for Installation: Fixed Photo Red Light System
Redflex will have each specified intersection installed and activated in phases in
accordance with an implementation plan to be mutually agreed to by Redflex Traffic
Systems and the Municipality.
Redflex will use reasonable commercial efforts to install the system in accordance with
the schedule set forth in the implementation plan that will be formalized upon project
commencement.
Redflex will use reasonable commercial efforts to install and activate the first four
specified intersection within the first ninety (90) days subsequent to formal project kick-
off. Any additional intersections will be added within thirty (30) days of receipt of a
notice to proceed. The Municipality agrees that the estimated timeframe for installation
and activation are subject to conditions beyond the control of Redflex and are not
guaranteed.
In order to provide the client with timely completion of the photo enforcement project
Redflex Traffic Systems requires that the City assist with providing timely approval of
City permit requests. The City acknowledges the importance of the safety program and
undertakes that in order to keep the project on schedule the customer is to provide city
engineers review of Redflex permit requests and all documentation within a two business
days. Redflex will also review and correct if necessary any redlines with in two business
days. Permits need to be received within five business days of first submittal in order to
implement the program in a timely manner.
1.Redflex Obligations. Redflex shall do or cause to be done each of the following (in
each case, unless otherwise stated below, at Redflex’s sole expense):
1.1.Appoint the Redflex Project Manager and a project implementation team
consisting of between one (1) and four (4) people to assist the Redflex Project
Manager;
1.2.Request current “as-built” electronic engineering drawings for the Designated
Intersection Approaches (the “Drawings”) from the city traffic engineer, if
available;
1.3.Develop and submit to the Customer for approval construction and installation
specifications in reasonable detail for the Designated Intersection Approaches,
including but not limited to specifications for all radar sensors, pavement loops,
electrical connections and traffic controller connections, as required; and
1.4.Seek approval from the relevant Governmental Authorities having authority or
jurisdiction over the construction and installation specifications for the
Designated Intersection Approaches (collectively, the “Approvals”), which will
include compliance with City permit applications.
1.5.Finalize the acquisition of the Approvals;
21
1.6.Submit to the Customer a public awareness strategy for the Customer’s
consideration and approval, which strategy shall include media and educational
materials for the Customer’s approval or amendment (the “Awareness Strategy”);
1.7.Develop the Redlight Violation Criteria in consultation with the Customer;
1.8.Develop the Enforcement Documentation for approval by the Customer, which
approval shall not be unreasonably withheld;
1.9.Complete the installation and testing of all necessary Equipment, including
hardware and software, at the Designated Intersection Approaches (under the
supervision of the Customer);
1.10.Cause an electrical sub-contractor to complete all reasonably necessary
electrical work at the Designated Intersection Approaches, including but not
limited to the installation of all related Equipment and other detection sensors,
poles, cabling, telecommunications equipment and wiring, which work shall be
performed in compliance with all applicable local, state and federal laws and
regulations;
1.11.Install and test the functionality of the Designated Intersection Approaches
with the Redflex System and establish fully operational Violation processing
capability with the Redflex System;
1.12.Implement the use of the Redflex System at each of the Designated
Intersection Approaches;
1.13.Deliver the Materials to the Customer; and
1.14.Issue Notice of Violation notices for Authorized Violations;
1.15.Redflex shall provide training (i) for up to fifteen (15) personnel of the
Customer, including but not limited to the persons who Customer shall appoint as
Authorized Officers and other persons involved in the administration of the
Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the
aggregate, (iii) regarding the operation of the Redflex System and the Redlight
Photo Enforcement Program, which training shall include training with respect to
the Redflex System and its operations, strategies for presenting Violations Data
in administrative adjudication hearing proceedings and a review of the
Enforcement Documentation;
1.16.Interact with administrative adjudication hearing personnel to address
issues regarding the implementation of the Redflex System, the development of a
subpoena processing timeline that will permit the offering of Violations Data in
adjudication proceedings, and coordination between Redflex, the Customer and
adjudication personnel; and
1.17.Redflex will work with the Customer to develop a comprehensive Public
Awareness/Education Campaign that will be based on research and public
polling to ensure tailored messaging for the community. Redflex will organize a
press conference at the project’s commencement and coordinate all logistics,
including preparing a media packet which will include: a news release; an
overview of the Customer’s photo enforcement program; a project fact sheet; a
project question and answer sheet; a photo enforcement “Facts & Myths”
handout; a map showing photo enforcement intersections and thoroughfares;
background on similar successful projects elsewhere; an explanation of photo
enforcement technology; an explanation of how the program will be
22
administered; and a spokesperson contact list. The Police Department’s Public
Information Officer will be their primary point of contact, and will have final
approval on all media materials
1.18.Notice of Violation processing and Notice of Violation re-issuance
1.19.Employ a collection agency to collect delinquent accounts. To offset the
cost of collecting each delinquent account, Redflex will receive reimbursement
for the cost of delinquent collection up to the amount of the late fee penalty of
$25 associated with that account, for each account and associated late fee
successfully collected.
2.CUSTOMER OBLIGATIONS.The Customer shall do or cause to be done each of
the following (in each case, unless otherwise stated below, at Customer’s sole
expense):
2.1.1.Appoint the Police Project Manager; Provide an Administrative Hearing
Officer to preside over Appeals Hearing for the City.
2.1.2.Assist Redflex in obtaining the Drawings from the relevant Governmental
Authorities;
2.1.3.Notify Redflex of any specific requirements relating to the construction
and installation of any Intersection Approaches or the implementation of the
Redlight Photo Enforcement Program;
2.1.4.Provide assistance to Redflex in obtaining access to the records data of the
Texas Department of Transportation in Redflex’s capacity as an independent
contractor to the Customer; and
2.1.5.Assist Redflex in seeking the Approvals
2.1.6.Provide reasonable access to the Customer’s properties and facilities in
order to permit Redflex to install and test the functionality of the Designated
Intersection Approaches and the Redlight Photo Enforcement Program;
2.1.7.Provide reasonable access to the personnel of the Customer and reasonable
information about the specific operational requirements of such personnel
for the purposes of performing training;
2.1.8.Seek approval or amendment of Awareness Strategy, as described in
Section 1.17 above, and provide written notice to Redflex with respect to the
quantity of media and program materials (the “Materials”) that the
Customer will require in order to implement the Awareness Strategy during
the period commencing on the date on which Redflex begins the installation
of any of the Designated Intersection Approaches and ending one (1) month
after the Installation Date;
2.1.9.Assist Redflex in developing the Redlight Violation Criteria; and
2.1.10.Seek approval of the Enforcement Documentation.
23
EXHIBIT “C”
Maintenance
1.All repair and maintenance of Photo Red Light Enforcement systems and related
equipment will be the sole responsibility of Redflex, including but not limited to
maintaining the casings of the cameras included in the Redflex System and all other
Equipment in reasonably clean and graffiti-free condition.
2.Redflex shall not open the Traffic Signal Controller Boxes without a representative of
city Traffic Engineering present.
3.The provision of all necessary communication, broadband and telephone services to
the Designated Intersection Approaches will be the sole responsibility of the Redflex
4.The provision of all necessary electrical services to the Designated Intersection
Approaches will be the sole responsibility of Redflex.
5.In the event that images of a quality suitable for the Authorized Officer to identify
Violations cannot be reasonably obtained without the use of flash units, Redflex shall
provide and install such flash units.
6.The Redflex Project Manager (or a reasonable alternate) shall be available to the
Police Project Manager each day, on a reasonable best efforts basis.
24
EXHIBIT “D”
COMPENSATION & PRICING
Commencing on the expiration of the Warning Period for each Designated Intersection
Approach, Customer shall be obligated to pay Redflex a fixed fee of $4,870 per month
for each Designated Intersection Approach (“Fixed Fee”) as full remuneration for
performing all of the services contemplated in this Agreement.
As a beta-testing and feasibility study, Redflex will provide a mobile photo red light
system unit for a period of 90 days at no charge to the Customer; upon completion of
feasibility study; Redflex and the Customer will have the option to extend this contract
and negotiate terms for mobile photo enforcement.
Cost Neutrality
Cost neutrality is assured to Customer. The maximum compensation that Customer shall
be obligated to pay to Redflex each month is the Fixed Fee. Each month, Customer and
Redflex shall compare the aggregate revenue received from all Notice of Violations
(“Revenue”) to the total amount invoiced by Redflex for the Fixed Fee (“Amount
Invoiced”) during the previous month (“Cost Neutrality Review”). If the Amount
Invoiced exceeds the Revenue, then City shall only be obligated to pay the Revenue to
Redflex and the difference between the Revenue and the Amount Invoiced for that month
will carry over to the next month as a deficit (“Deficit Amount”). If, in the next
following month, the Revenue exceeds the Amount Invoiced, Customer shall pay the
Amount Invoiced plus all or any portion of the accumulated Deficit Amount to the extent
that there is sufficient Revenue to pay all or any portion of the Deficit Amount. Upon
contract expiration any such outstanding deficits will be forfeited by Redflex.
BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS:
1.Redflex construction will be able to utilize existing conduit for installation where
space is available.
2.The Customer agrees to pay Redflex within thirty (30) days after the invoice is
received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60
days from date of invoice.
3.Each year, beginning with the second year of the Initial Term, the pricing will be
adjusted by the Consumer Price Index (CPI) for the Dallas Metroplex as published by
the U.S. Department of Labor.
25
Exhibit “E”
Additional Rights and Obligations
Redflex and the Customer shall respectively have the additional rights and obligations set
forth below:
1.Redflex shall assist the Customer in public information and education efforts,
including but not limited to the development of artwork for utility bill inserts, press
releases and schedules for any public launch of the Redlight Photo Enforcement
Program (actual print and production costs are the sole responsibility of the
Customer).
2.Redflex shall be solely responsible for installing such Signage. The Customer shall be
solely responsible for the fabrication of any signage, notices or other postings
required pursuant to any law, rule or regulation of any Governmental Authority
(“Signage”), including but not limited to the Vehicle Code, and shall assist in
determining the placement of such Signage.
3.The Redflex Project Manager and the Police Project Manager shall meet on a weekly
basis during the period commencing as of the date of execution hereof and ending on
the Installation Date, and on a monthly basis for the remainder of the Term, at such
times and places as the Redflex Manager and the Customer Manager shall mutually
agree.
4.The Customer shall not access the Redflex System or use the Redlight Photo
Enforcement Program in any manner other than prescribe by law and which restricts
or inhibits any other Person from using the Redflex System or the Redflex Photo
Enforcement Program with respect to any Intersection Approaches constructed or
maintained by Redflex for such Person, or which could damage, disable, impair or
overburden the Redflex System or the Redflex Photo Enforcement Program, and the
Customer shall not attempt to gain unauthorized access to (i) any account of any other
Person, (ii) any computer systems or networks connected to the Redflex System, or
(iii) any materials or information not intentionally made available by Redflex to the
Customer by means of hacking, password mining or any other method whatsoever,
nor shall the Customer cause any other Person to do any of the foregoing.
5.The Customer shall maintain the confidentiality of any username, password or other
process or device for accessing the Redflex System or using the Redlight Photo
Enforcement Program.
6.Each of Redflex and the Customer shall advise each other in writing with respect to
any applicable rules or regulations governing the conduct of the other on or with
respect to the property of such other party, including but not limited to rules and
regulations relating to the safeguarding of confidential or proprietary information, and
when so advised, each of Redflex and the Customer shall obey any and all such rules
and regulations.
7.The Customer shall promptly reimburse Redflex for the cost of repairing or replacing
any portion of the Redflex System, or any property or equipment related thereto,
damaged directly or indirectly by the Customer, or any of its employees, contractors
or agents.
26
Insurance
1.During the Term, Redflex shall procure and maintain and Redflex’s sole cost and
expense the following insurance coverage with respect to claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of work or services pursuant to this Agreement by Redflex, and each
of Redflex’s subcontractors, agents, representatives and employees:
2.Commercial General Liability Insurance. Commercial General Liability
Insurance with coverage of not less than One Million Dollars ($1,000,000)
combined single limit per occurrence for bodily injury and property damage;
3.Commercial Automobile Liability Insurance. Commercial Automobile Liability
Insurance with coverage of not less than One Million Dollars ($1,000,000)
combined single limit per occurrence for bodily injury or property damage,
including but not limited to coverage for all automobiles owned by Redflex, hired
by Redflex, and owned by third parties;
4.Professional Liability (Errors and Omissions) Insurance. Redflex will use its
commercial best efforts to procure and maintain Professional Liability (Errors and
Omissions) Insurance with coverage of not less than One Million Dollars
($1,000,000) per occurrence and in the aggregate.
5.Workers’ Compensation and Employer’s Liability Insurance. Workers’
Compensation Insurance with coverage of not less than the limits required by the
Labor Code of the State of Texas, Employer’s Liability Insurance with coverage
of not less than One Million Dollars ($1,000,000) per occurrence.
6.With respect to the insurance described in the foregoing Section of this Exhibit
“E”, any deductibles or self-insured retentions must be declared to and approved
by the Customer and any changes to such deductibles or self-insured retentions
during the Term must be approved in advance in writing by the Customer.
7.With respect to the Commercial General Liability Insurance the following
additional provisions shall apply:
8.The Customer Parties shall be covered as additional insureds with respect to any
liability arising from any act or omission of any Redflex Parties on the premises
upon which any such Redflex Parties may perform services pursuant to this
Agreement, and such coverage shall contain no special limitations on the scope of
protection afforded to such additional insureds.
9.The insurance coverage procured by Redflex and described above shall be the
primary insurance with respect to the Customer in connection with this
Agreement, and any insurance or self-insurance maintained by the Customer shall
be in excess of, and not in contribution to, such insurance.
10.Any failure to comply with the reporting provisions of the various insurance
policies described above shall not affect the coverage provided to the Customer,
and such insurance policies shall state that such insurance coverage shall apply
separately with respect to each additional insured against whom any claim is
made or suit is brought, except with respect to the limits set forth in such
insurance policies.
11.With respect to the insurance described in the foregoing Section of this Exhibit
“E”, each such insurance policy shall be endorsed to state that the coverage
provided thereby shall not be cancelled except after thirty (30) calendar days’
27
prior written notice to the Customer. If any of the Redflex Parties are notified by
any insurer that any insurance coverage will be cancelled, Redflex shall
immediately provide written notice thereof to the Customer and shall take all
necessary actions to correct such cancellation in coverage limits, and shall provide
written notice to the Customer of the date and nature of such correction. If
Redflex, for any reason, fails to maintain the insurance coverage required
pursuant to this Agreement, such failure shall be deemed a material breach of this
Agreement, and the Customer shall have the right, but not the obligation and
exercisable in its sole discretion, to either (i) terminate this Agreement and seek
damages from Redflex for such breach, or (ii) purchase such required insurance,
and without further notice to Redflex, deduct from any amounts due to Redflex
pursuant to this Agreement, any premium costs advance by the Customer for such
insurance. If the premium costs advanced by the Customer for such insurance
exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall
promptly remit such excess amount to the Customer upon receipt of written notice
thereof.
12.Redflex shall provide certificates of insurance evidencing the insurance required
pursuant to the terms of this Agreement, which certificates shall be executed by
an authorized representative of the applicable insurer, and which certificates shall
be delivered to the Customer prior to Redflex commencing any work pursuant to
the terms of this Agreement.
28
Exhibit F
FORM OF ACKNOWLEDGMENT AND CONSENT
This Acknowledgement and Consent, dated as of _________, 2006, is
entered into by and between the City of University Park, Texas (the "City") and Redflex
Traffic Systems, Inc., ("Redflex"), with reference to the Agreement for Photo Red Light
Enforcement Program, dated as of _______________, by and between the City and
Redflex (the "Agreement").
1.Redflex has entered into a Credit Agreement, dated as of August 3, 2004
(the "Harris-Redflex Credit Agreement"), with Harris Trust and Savings Bank (the
"Bank"), pursuant to which the Bank has provided certain working capital credit facilities
to Redflex. Such credit facilities will provide Redflex the working capital that it needs to
perform its obligations to the City under the Agreement.
2.Pursuant to the Harris-Redflex Credit Agreement, Redflex has granted
Harris a security interest in all of Redflex's personal property as collateral for the
payment and performance of Redflex's obligations to the Bank under the Harris-Redflex
Credit Agreement. Such security interest applies to and covers all of Redflex's contract
rights, including, without limitation, all of Redflex's rights and interests under the
Agreement.
3.Redflex will not, by virtue of the Harris-Redflex Credit Agreement, be
relieved of any liability or obligation under the Agreement, and the Bank has not
assumed any liability or obligation of Redflex under the Agreement.
4.The City hereby acknowledges notice of, and consents to, Redflex's grant
of such security interest in favor of the Bank in all of Redflex's rights and interests under
the Agreement pursuant to the Harris-Redflex Credit Agreement.
5.The City further acknowledges and agrees that this Acknowledgement and
Consent shall be binding upon the City and shall inure to the benefit of the successors and
assigns of the Bank and to any replacement lender which refinances Redflex's obligations
to the Bank under the Harris-Redflex Credit Agreement.
IN WITNESS WHEREOF, the City and Redflex have caused this
Acknowledgement and Consent to be executed by their respective duly authorized and
elected officers as of the date first above written.
The City of University Park, Texas: Redflex:
By:__________________________ REDFLEX TRAFFIC SYSTEMS, INC.
Name:________________________
Title:_________________________
By:__________________________
Name:________________________
Title:_________________________
29
Exhibit “G”
Redflex Traffic Systems USA Bid Proposal for Automated Traffic Signal Enforcement System
30
Exhibit “H”
City of University Park’s Proposal Number For Automated Traffic Signal Enforcement System
31
AGENDA MEMO
(09/05/06 AGENDA)
DATE:
August 31, 2006
TO:
Mayor and City Council
FROM:
Nina Wilson
City Secretary
SUBJECT: DISCUSSION OF DATE CHANGE FOR CITY COUNCIL
MEETING
th
As we will have two councilmembers absent on October 17, I propose we move the city
council meeting for that date to Tuesday, October 24 at 4:00 p.m.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
U:\Docs\City Secretary\2006\CC Meeting Date Change in October.doc 3:33 PM 08/31/06
BOARD OF ADJUSTMENT
MINUTES
July 24, 2006
The Board of Adjustment of the City of University Park met on Monday, July 24, 2006 at 5:00
P.M. in the Council Chambers of City Hall, 3800 University Blvd. University Park, Texas. The
following are minutes of that meeting.
Commission Members Attending
Staff Members Attending
Lon Houseman, Chairman
Steve Metzger
William Hitzelberger, III
Bob Clark
Norma Coldwell
Harry Persaud - Community Development Mgr.
Mark Hardin - Plan Reviewer
Rob Dillard City ASttomey
Jennifer Deaver - Administrative Assistant
Absent & Excused
Roy Kull
Present & Seated
Mike Maberry
Mr. Houseman opened the public hearing and introduced the board members and then read the charge of
the Board of Adjustment.
Mr. Houseman asked for a motion to approve the minutes from the April 17, 2006 Board
of Adjustment meeting. Mr. Metzger made a motion to approve the minutes. With a
second from Mr. Lake the motion was approved unanimously.
Mr. Metzger then read the specifics of the first case.
1. B.O.A. 06-005 - James Shaw, representing the owners of the property situated at 3601
Marquette, requesting a variance to Section 21-100 (4) (c) ii, City of University Park
Zoning Ordinance, as amended, to allow for a total of 20 feet for both side yards where
24% oflot width or 25.82 feet is required. The subject tract is zoned SF-2 zoning district
classification in accordance with the Comprehensive Zoning Ordinance.
Mr. Jim Shaw, representing the owner of the property situated at 3601 Marquette, came forward.
He stated that he had been contracted by the property owner last fall, therefore prepared plans for
the design of the structure according to the city's zoning ordinance. At that time the maximum
setback was 20' and is now 10' from Marquette and Thackery. He stated that the ordinance
changed and he wasn't aware of the changes having been out of town, therefore, his plans no
longer complied due to these changes. He then urged the board to approve his variance.
Mr. Dillard inquired of Mr. Shaw as to when he applied for the permit.
Mr. Shaw stated that he did not formally apply for:the permit in November because, due to the
property being occupied he could not drill to have a soil report completed. He did, however,
speak to Mark about his plans.
Mr. Dillard inquired when the ordinance went into effect.
Mr. Houseman stated April 20, 2006.
Mr. Metzger inquired of Mr. Shaw if had yet drilled for the soil test.
Mr. Shaw stated that he would be drilling in the next week when the residents move out of the
house.
Mr. Hitzelberger stated that there was a builders meeting held in February and the change was
then announced. He inquired if Mr. Shaw had attended that meeting.
Mr. stated that he had not attended that meeting.
Mr. Houseman inquired if there were any opposing parties that wished to speak.
Ms. Cyndi Abbate, owner / resident of the property situated at 3616 Marquette came forward. She
introduced herself and stated that since the ordinance had changed, she feels that the city does not
want the large houses going up. She then stated that Mr. Shaw did not get his plan turned in to the
city in time and that should not be acceptable considered a hardship. She likes living in a
neighborhood that has yard space and she does not want to see this variance granted. She
expressed concerns of drainage issues and then urged the board to deny the request as written.
Ms. Peggy Mims, resident / owner of the property located at 3701 Marquette, came forward. She
expressed concerns of the amount of traffic through the alleyways, drainage concerns, the
daylight does not reach her garden until 11 :30 in the morning, noise from the air conditioner
units, the amount of heat generated from the concrete of such large homes, and that she felt a
7000 sq. ft. house on a 70 ft. lot was entirely too much. She then urged the board to deny the
vanance.
Ms. Jenny James, resident / owner at 3625 Marquette came forward and spoke in opposition. She
stated that some time ago a builder was putting up a spec house and there was tree in the way of
the second level of that structure. The case was taken to the city council and it was approved. She
then stated that the only reason a builder builds the house so large is that they are paid by the
square foot. She then urged the board to deny the request.
Ms. Lindy Stone, resident / owner of the property situated at 3600 Marquette, came forward. She
stated that she was in opposition of the variance due to the diminutive yard size not being in
character with the neighborhood and that the neighborhood should not have to pay for the mistake
the builder made of not getting his plans turned in before the ordinance was changed.
Mr. Mack Mims, resident I owner of the property situated at 370 I Marquette, came forward. He
stated that he could not think of any way that Mr. Shaw's plans would benefit the neighborhood.
He stated that if the variance was granted it would only set precedence for other builders. He ,.
expressed concerns of very little rain causing water to rise to curb level in that neighborhood. He
then urged the board to deny the variance.
Ms. Ann Harrison, resident I owner of the property situated at 3620 Marquette, came forward to
speak in opposition. She states that her understanding of the change in the ordinance was
researched and addressed because of problems with flooding in the city. She stated that the
neighborhood does not want to have zero lot lines and that the city's first concern should be to the
existing homeowners. She then urged the board to deny the request.
Mr. Houseman inquired ifthere was anyone else that wished to speak; none came forward, Mr.
Houseman then closed the public hearing.
Mr. Metzger inquired of Mr. Persaud to get with Bud Smallwood on the flooding issues.
Mr. Persaud stated yes.
Mr. Houseman explained that the City Council passes ordinances and the variances are passed by
the Board of Adjustment only as a result of a property hardship. He then stated that he has yet to
hear any mention of a property hardship and that the reason that this was a hardship was due to
timing issues and that the board would not be authorized to grant the variance based on timing
Issues.
Mr. Clark agreed that there was no mention of a property hardship.
Mr. Shaw refuted that there was in fact a hardship based pie shaped lot.
Mr. Houseman addressed Mr. Shaw and reviewed that he bought the lot, delayed his submittal,
the ordinance was then passed and the application came in too late, therefore, the board has no
authority to grant a variance based on these facts.
Mr. Metzger made a motion to deny the request as written. With a second from Mr. Hitzelberger;
the motion was denied unanimously 5-0.
There being no further business before the Board, Mr. Houseman adjourned the meeting.
Approved by:
Date:
~LMA l\l--
~Zooh
Lon Houseman, Chairman
Board of Adjustment
PLANNING AND ZONING COMMISSION
UNIVERSITY PARK, TEXAS
MINUTES
July 17, 2006
The Planning and Zoning Commission of the City of University Park met on Monday,
July 17, 2006 at 5:00 P.M. in the City Hall Council Chambers, 3800 University Blvd.
University Park, Texas. The following are minutes ofthat meeting.
Commission Members Attending
Staff Members Attending
Robert H. West - Chairman
Randy Biddle
Bill Foose
Reed Shawver, III
Doug Roach
Harry Persaud - Community Dev. Mgr
Rob Dillard - City Attorney
Jennifer Deaver- Administrative Assistant
Bud Smallwood- Director of Public Works
Present & Seated
Ed Freeman
Absent and Excused
Bea Humann
Jerry Jordan
Mr. West opened the public hearing and then read the specifics of the first case.
PZ 06-004 - Hold a public hearing and consider a request by Winstead, Sechrest &
Minick, representing Legacy Hillcrest Investments, LP, fora change of zoning from
Multi family "MF-2", Parking "P" and Office "0-2" zoning district classification to
Planned Development District and approval of a PD concept plan. The subject tract is
approx. 2.0696 acres more or less, situated between Daniel and Haynie Avenues and
West of Hillcrest Ave., and described as lots 5 thru 12, Block 3, University Park
Addition, City of University Park. The said tract is zoned MF-2, P and 0-2 and owned
by Legacy Hillcrest Investments, LP.
Mr. Persaud gave a brief over view of the specifics via a power point presentation.
Mr. West inquired if there was any favoring I opposing parties that wished to speak.
Mr.Art Anderson representing Legacy Hillcrest Investments, LP came forward
He briefed the audience and commission members on the history of the case, stating that
there was a neighborhood meeting reviewing the site plan the proposed changes. He
stated that the neighbors were in favor of the changes at the time and were not focused on
the square footage but primarily on the adverse effects of the traffic. He stated that the
traffic studies decided that there was not degradation in the level of service. He stated that
after the April meeting of the Planning and Zoning Commission he sent Jeremy Windam
of Jacobs Engineering, back for additional studies of the access at Haynie. He then stated
1
the leasable space would be 147,500 square feet, excluding hallways and elevators, etc.,
175,000 square feet oflibrary, retail, and restaurant space. He reminded the commission
that Danny Cummings had suggested a 25% reduction of square footage of restaurant
space and that there was already a reduction of 63,000 square feet in the 2001 conceptual
plan. Town houses were added at the request of the neighborhood and another change in
the reduction of height and putting in a penthouse suite that would be setback. He stated
that they wanted to make this a community based project. He stated that an advisory
committee was made up of residents in the neighborhood to fashion the design standards.
He expressed concerns of an increase in density and that the intersection was still at a
LOS of a C. He then urged the commission to approve his request.
Mr. West inquired if there were any opposing parties that wished to speak.
Mr. Wayne Johnson, resident / owner of the property situated at 3601 Haynie introduced
himself and stated that the traffic study performed seems vague and that most cars would
cut through at Haynie. He then stated that with the five to eight (MF) Multi Family units
being included in the proposed plan, there would be an increase in the trips per day that
were estimated in the traffic study. He stated that this plan is too large and then urged the
commission to deny the planas requested.
Mr. Jim Tubb, resident / owner of the property situated at 3407 Haynie, came forward.
He stated that his property is located across the street from the parking lot of the bank
building. He then stated that the dumpsters and the loading docks were moved due to the
obvious traffic issues, and that the trips per day calculated in the traffic study allow very
little time for crossing the street. He then expressed concerns of the size of this building
and read parts of the letter from Mr. Huddleston and stated that the design was just a
giant and uncharacteristic of the residential area. He then urged the commission to deny
the request.
Ms. Mary Neil, resident / owner of the property situated at 3421 Haynie, came forward.
She introduced herself and stated that there was no need to again list the reasons as to
why this plan should be denied but wanted to be able to turn to the city for health and
protection. She expressed concerns of property values plummeting and that she can not
depend on the city for this protection and she then urged the commission to deny the
request.
Mr. Anderson introduced Jeremy Windham of Jacobs Engineering. Mr. Windham
reviewed the changed results of the traffic study preformed with the development being
at217,000 square feet.
Mr. Roach inquired if, with these changes, were the trips per day were increased by 6200
total trips per day.
Mr. Windham stated yes.
2
Mr. Craig Melde, architect representing Legacy Hillcrest, LP, and resident / owner of
3415 University, came forward. He stated that the main building stands at applicable
height with the penthouse level being a leasable space.
Mr. Biddle inquired as to why the decorative columns were so tall.
Mr. Melde stated that it was an architectural element.
Mr. Melde stated that it could be looked into, adding that there would be two floors of
office space, one floor of retail space and some multi-family use space in order to provide
a buffer to the neighborhood.
Mr. Foose inquired how many floors there were total.
Mr. Melde stated three.
Mr. West stated that the city does not recommend parallel parking because of the
problems that would result from cars waiting in the street to pull in.
Mr. Melde assured him that it could be worked out.
Mr. Biddle inquired if the education uses listed were pertaining to the library.
Mr. Melde stated yes.
Mr. Roach expressed concerns of the traffic study predicting 6200 trips per day.
Mr. Wilson explained that improvements would have to be inclusive oflooking at the
previous square footage. He stated that the cuing was looked at on a peak hour and that
the biggest bottle neck was at Daniel and Haynie and the conditions should improve with
timing and with the change in square footage.
Mr. Anderson stated that most people employed in this building would not be driving out
to eat and that with the 8-5 people the traffic will work even better than what the study
shows.
A discussion ensued regarding the possibility of widening the road and creating a left turn
lane on the east bound side of Haynie and a right yield for the east bound side of Daniel.
Mr. West inquired ifthere was anyone else who wished to speak. When no one came
forward he closed the public hearing.
Mr. West suggested that someone make a motion to table the item for a future meeting
until the square footage could be revised.
3
Mr. Roach stated that he would not like to see that happen as it has already come before
the Planning and Zoning Commission four times, he then suggested approval with a limit
on the amount of square footage and a limit to the number of spaces dedicated for each
use.
Mr. Shawver made a motion to deny the request.
The motion was not seconded.
Mr. Biddle made a motion to table the item until the August 21 st meeting of the Planning
and Zoning Commission proposing a work shop to meet with the developer.
The motion was not seconded.
At this point Mr. Roach stated that he would not support any building larger than
135,000 sq. ft.
Mr. Foose made a motion to approve the PD Concept Plan with a total of 135,000 sq. ft.
gross floor area, excluding the 8 units of town homes, subject to the following conditions:
(1) Height of the proposed building on the 0-2 site shall be limited to the height of the
existing building (2) A maximum of22,000 square feet for restaurant /retail space and
(3) Building height west of the common area shall not exceed 35 feet.
Mr. Roach move to amend the motion as follows: (1) Parking to be provided at the rate of
1 :200 square feet for retail and restaurant, and 1 :300 square feet for office space and (2)
with 19 staff conditions. Mr. Foose agreed to the changes made by Mr. Roach and
further amended the original motion to allow for Restaurant/retail space not to exceed
25,000 square feet.
Mr. Roach then seconded the motion as amended.
The motion was approved 3-2.
Mr. West then read the specifics of the second case.
PZ 06-011 - Hold a public hearing and consider a request by Frank Blanchard
representing the property owner, for approval of a replat for Lot 14, Block B, University
Annex, 2nd Installment, being an Addition ofthe City of University Park, Dallas County,
Texas, and more commonly known as 3501 Asbury. The replat will subdivide the lot
into two single family attached.lots located in Planned Development District PD-6 zoned
for Single Family Attached housing development. A variance is not required for the
approval of this replat.
Mr. Persaud gave a brief over view of the specifics and confirmed that this replat met all
of the city requirements.
4
Mr. West inquired if there was any favoring / opposing parties that wished to speak, none
came forward.
Mr. Foose made a motion to approve the replat, with a second from Mr. Shawver the
motion was approved unanimously 5~0.
Mr. West then read the specifics ofthe third case.
PZ 06-012: Hold a public hearing and consider a request by Agnich Ventures LP, for
approval of a site plan for a tract of land being part of Lot 2, Block C of IDLEWILD NO.
2 Addition and located at 4520 West Lovers lane. The subject tract is zoned Planned
Development PD-2-R for uses permitted in the General Retail District. The site plan
proposes to add approx. 1110 sq. ft. to the existing building.
Mr. Persaud gave a brief overview of the case.
Mr. West inquired if there was any favoring / opposing parties that wished to speak.
Mr. Taylor Armstrong, resident / owner of the property situated at 3801 Centenary, also
representing Agnich Venture, LP. came forward. He stated that this building was
originally an animal clinic with chain link kennels in the rear and the plan was to extend
the building at Lovers Lane, closer to Chips. He stated that it is currently 1530 square feet
with 485 square feet of second floor space and he proposes to add 1110 square feet to
bring it to the line of the adjacent properties, in addition adding two parking spaces to the
rear (alley) of the property. Currently no tenants are leasing this facility but the money
involved in the project should definitely bring an upper end, high quality tenant.
Construction would begin at the time of approval. He then urged the commission to
approve the request as written.
A discussion ensued regarding the parking spaces in the right of way
Mr. West inquired ofMr. Persaud, the ratio for parking spaces required.
Mr. Persaud stated that there must be one space for every 3,000 square foot of added
space.
Mr. Armstrong stated that with the addition of the square footage there will not be
adequate room for additional parking and that it is common of most all of the other
merchants to use the alleyway for employee parking.
Mr. West inquired if there was any favoring / opposing parties that wished to speak.
None came forward.
Mr. West then closed the public hearing.
5
Mr. Dillard stated that even though other merchants are using the alley ways to park, the
city has been making efforts to clean up those alley ways.
Mr. Foose inquired if the plan could be cut back 10 feet by shaving off 300 square feet of
the plan.
Mr. Armstrong stated that he was not asking for anymore than the neighboring spaces.
Mr. Robert Agnich, owner / applicant of the property in question, came forward and
introduced himself. He referred to the power point presentation and stated that if the city
did not want to allow the employee parking in the rear that was okay but that his thoughts
were that the city would benefit from this more so than the tenants
.Mr. stated that the deal was tight, and that if the dumpster is shared and could be moved
in order to provide more parking spaces.
Mr. West inquired if the city could provide staff direction.
Mr. Persaud stated that there must be one parking space for every 300 square foot and the
stepping the building back and using the rear for parking would be middle ground.
Mr. Biddle made a motion to table the item to come back for the August 21 st meeting of
the Planning and Zoning Commission with the site plan showing three spaces in the rear
of the structure and a revision of shaving 110 square feet of the addition.
Mr. Roach amended the motion requiring that the approval be subject to a revised site
plan showing three on-site parking spaces in the rear within the property line and a net
increase of 900 square feet or less. He then seconded the motion.
The motion was approved 5-0.
Mr. West then read the specifics of the fourth case.
PZ 06-013: Hold a public hearing and consider a request by Intercity Investments, Inc.
for a zoning change on a tract of approx. 2.98 acres more or less including certain
alleyway right of ways, from Multi family MF-2 to Planned Development District and
approval of a PD concept and detailed site plan to allow for multi family development.
The subject tract include Lots 4113 Lovers Lane, 4112 and 4113 Hyer Street and 4102
Grassmere and being lots 9-11 and 18 -20, Block 1, Troth and Boswell Subdivision and
lots 7-11 and 18-22, Block 2, Troth and Boswell Subdivision located in the City of
University Park.
Mr. Persaud gave a brief overview of the proposed project, via a power point
presentation. He showed the site plan from all angles and a map of the notification area.
Mr. Bill Blackburn, representing Intercity Investments, Inc. came forward and introduced
6
himself. He gave a run down of the history behind the existing building, specifically that
it was constructed in 1940, owned and operated by family, and that there are 91
antiquated units each approximately 500 square feet in size. The proposed plan includes
10ft ceilings, larger living space and below grade parking. He then elucidated that the
relocation of utility meters has been approved by the utility companies.
Mr. Matt Mooney of Corgan & Associates, architectural firm contracted for the proposed
plan, came forward and introduced himself. He stated that currently there are 109 parking
spaces to accommodate 91 units on the existing property; he proposes to have 212
parking spaces, 85% at below grade level, for 88 units, where 176 are required. He stated
that the setback requirements would be met or exceeded and that the access for parking
would be away from Grassmere and Lovers. He then stressed that the development is
tasteful for the neighborhood and urged the commission to approve the request as written.
Mr. West inquired ifthere were any opposing parties that wished to speak.
Mr. Bryan Sargent, resident / owner of 4145 Hyer came forward. He stated that the traffic
is significantly concentrated at Hyer and that he is pleases with all aspects of the
proposed plan but would like to see the traffic issues better addressed.
Mary Lehner, owner / resident of 4137-39 Grassmere came forward. She stated that she is
very pleased with the plan but the turn around area at the end of the alley at Grassmere
and expressed concerns of parking on Grassmere would be lost due to this development.
Mr. Smallwood stated that emergency vehicles do not access the alleyways.
Mr. John Gillett, Fire Marshall for the City of University Park came forward. He stated
that in the event that there was a fire, it would be approached from the street. He then
stated that the plans can still be worked on but there are minimum requirements that must
be met.
Mr. West then closed the public hearing.
Mr. West stated that the existing building is old and therefore non-conforming. He then
raised questions regarding the density.
Mr. Mooney stated that MF-2 requires 1800 square feet of living space and should be a
PD in order to make sense. He then explained that the property would have a grand
entrance and be a beautiful addition to the area and the city.
Mr. Foose inquired ifthese were condo units and how many were allowed.
Mr. Persaud stated yes and added that the MF-2 and MF-3 allows 69 units total.
Mr. Smallwood introduced Mr. Danny Cummings and invited him to share some of the
findings of the traffic study preformed.
7
Mr. Cummings came forward. He stated that his findings do not reveal a great impact on
traffic, West on Hyer with 39 trips per day at a.m. peak hours.
Mr. Sargent suggested that the traffic study should have been preformed during football
games and it show a substantial amount of traffic issues at Hyer.
Mr. Mooney stated that those issues are being addressed and the underground parking
should be effective in resolving the problem at Hyer.
Mr. Shawver added that this development is attractive but it will add approximately 100
kids to the area and the traffic issued indeed needed to be addressed, specifically at
Grassmere.
Mr. Foose stated that with retail to the east and the school to the west the improvement
would set precedence for other MF property owners to bring their units to code, He stated
that the traffic issues definitely need attention. He then made. a motion to approve the
request for a zoning change with the understanding that the ingress and egress at
Grassmere would be addressed.
With a second from Mr. Biddle the motion was approved 5-0.
Mr. Biddle made a motion to approve the minutes of the May 15th meeting, with a second
from Mr. Roach, the minutes were approved unanimously 5-0.
There being no further business before the Commission, Mr. West adjourned the meeting.
Approved by:
:::f~# ~
Robert H. West, Chairman
Planning & Zoning Commission
?h'f-hl
Date / I
8
l?
PARK ADVISORY BOARD
MEETING MINUTES
July 25, 2006
The Park Advisory Board of the City of University Park met on Tuesday, July 25, 2006
at 4:00pm at City Hall, 3800 University Blvd., University Park, Texas. The following are
the minutes of that meeting.
Committee Members Attending:
William Pardoe - Chairman
Jerry Grable - Council Liaison
Julia Baltser
Bruce Collins
Liz Farley
Mac Fuller
Darrell Lane
Carol Seay
Jacky Spears
Stan Tucker
Alan Wasserman
Absent & Excused:
Jeff Turpin
Staff Members Attending:
Bob Livingston - City Manager
Bud Smallwood - Public Works Director
Bob Whaling - City Engineer
Gerry Bradley - Parks Director
Brent Jones - Urban Forester
Amber Lively - Administrative Secretary
Mr. Coy Talley of Talley Associates was also on hand to discuss development plans for
Barbara Hitzelberger Park.
Call to Order
The meeting was called to order by Mr. Pardoe. Mr. Pardoe began by welcoming the
new Park Board Members. With this, he asked that all Board Members introduce
themselves and give a brief description of why they are on the Board.
Approval of Minutes
Mr. Pardoe asked for any comments on or changes to the May meeting minutes. There
being no changes, Mrs. Spears moved to approve the minutes. The motion was
seconded by Mrs. Baltser and approved unanimously by the board.
Reports
3800 UNIVERSITY BOULEVARD
TELEPHONE (214) 363-1644
UNIVERSITY PARK, TEXAS 75205
1. Germanv Park - Water Pump Station
Director of Public Works Bud Smallwood attended the meeting to discuss
with the Board about the relocation and renovation of the water pumping
station at Germany Park and hopefully gain the Board's approval on the
proposed location. He began by giving the Board some background
information on the pump station and how it is necessary to the City's
water supply. It was decided by the Council that the station should be
renovated due to its age and the condition of the structure. It was
suggested to the Council that the renovation project would also allow for
the station to be moved therefore creating more open space for the park.
Mr. Smallwood displayed an aerial picture of the park which detailed the
proposed location for the new station along with two alternate locations
within the park. There are advantages and disadvantages to all three
locations. The proposed location is situated at the Southwest corner of
the park. Board members were also shown a concept of what the new
station could potentially look like.
After giving his presentation to the Board about the plans for the station,
Mr. Smallwood opened the floor to questions and concerns. The biggest
concern that Board Members had was regarding the amount of noise
that the station would produce. There was brief discussion among the
Board regarding other issues such as security and emergency plans, and
other potential locations within the park for the station.
After the Board's discussion, all members were in agreement that the
proposed location is the best area for the new pumping station. With this,
Mr. Lane moved that the Board approve the proposed location for the
movement of the Germany Park Pumping Station. The motion was
seconded by Mr. Wasserman and approved unanimously by the Board.
2. Barbara Hitzelberqer Park
Mr. Bradley began by giving the new Board members a brief background
on the two park locations located at Lovers Lane and Hillcrest. Staff had
been working with the firm Dunkin, Sims and Stoffels on a design concept
for both locations. The City has since moved away from this firm and is
currently working with Mr. Coy Talley of Talley Associates on a new
design. The two park locations have also been named in honor of former
Mayor Barbara Hitzelberger for her services to the City both past and
present.
Mr. Bradley explained that the park locations could allow for many
features such as a wall, water features, park signage, seasonal planting,
decorative lighting and hardscape. With this, Mr. Bradley introduced Mr.
Talley who was in attendance at the meeting to try and gain a better
understanding of what the Board is looking for in terms of design for the
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
two park locations. He sees the park as a gateway for the City and feels
that it is a very visual location.
Board members voiced many opinions of what they would like to see at
the location. For the wall around the park, most members felt that the
design should stick with "red brick" for the materials since this a
reoccurring material used throughout the city in places such as City Hall
and SMU. Almost all Board Members would like to see a water feature of
some sort be used in the design. Other items that the Board felt might be
nice were tree lighting, a seating area and some form of sculpture. Mrs.
Baltser also brought up the idea of completing the project in a phase plan
which would run over several years. Mrs. Farley felt that it may also be a
good idea to include a low wall on the Hillcrest side so that the parks
would be more desirable for parents with young children.
After hearing the Board's comments, Mr. Talley will begin developing a
concept plan for the Board's approval.
3. Open Discussion
After all report items had been covered, Mr. Bradley opened the floor for
any discussion or questions that the Board, especially new members, may
have. Mrs. Baltser inquired about the status of the Caruth Park project.
Mr. Bradley estimates that this could be completed as soon as late Fall.
Mrs. Baltser also had questions about why recycling is not done within the
pool facility, especially at the concession stand. Mr. Bradley will look into
this to see if the concession vendor uses enough products for a recycling
program to be beneficial.
The only other question came from Mr. Wasserman who was curious
about water restrictions and how they will affect irrigation in the parks. Mr.
Bradley explained that Staff has already dropped the department's
watering schedule back by twenty (20) percent. If a stricter water
restriction is approved, the department would then do an evaluation on all
plant materials to determine what is priority. Mr. Livingston also offered
Board Members some information on any potential water restrictions. The
only plan he foresees would be a voluntary schedule which would apply to
homeowners between certain hours of the day only.
Work in Progress
Mr. Bradley included a brief outline of current projects being completed by the
Parks Department. This information was included in the agenda packet mailed to
Board members.
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
Adjournment
There being no further business of the Park Board, the meeting was adjourned
by Mr. Pardoe.
Due to the changing of several Council meeting dates, some Park Board
meetings have been rescheduled. Board Members were given a revised
schedule of the meetings between August and December 2006. With this, the
next scheduled meeting of the Park Board will be held on Tuesday, August 15,
2006.
lJo~~
William Pardoe, Chairman
Park Advisory Board
~.lb.~
Date
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
19
PARK ADVISORY BOARD
MEETING MINUTES
August 15, 2006
The Park Advisory Board of the City of University Park met on Tuesday, August 15,
2006 at 4:00pm at City Hall, 3800 University Blvd., University Park, Texas. The
following are the minutes of that meeting.
Committee Members Attending:
William Pardoe - Chairman
Jerry Grable - Council Liaison
Julia Baltser
Mac Fuller
Darrell Lane
Stan Tucker
Jeff Turpin
Alan Wasserman
Staff Members Attending:
Gerry Bradley - Parks Director
Amber Lively - Administrative Secretary
Absent & Excused:
Bruce Collins
Liz Farley
Carol Seay
Jacky Spears
Mr. Gary Olp of GGO Architects was also on hand to discuss the master plan for Coffee
Park.
Call to Order
The meeting was called to order by Mr. Pardoe.
Approval of Minutes
Mr. Pardoe asked for any comments on or changes to the July meeting minutes. There
being no changes, Mrs. Baltser moved to approve the minutes. The motion was
seconded by Mr. Wasserman and approved unanimously by the Board.
Reports
1. Caruth Park Landscape Plan
The Caruth Park landscape plan and several concept drawings have
been brought to the Board during previous meetings. Mr. Bradley began
by giving all new members background information on the project and the
existing conditions.
The main focus of the project was to create a botanical bed and
surrounding landscape system to be located at the south east corner of
the park that will serve as an entrance. The name of the park itself will be
installed in the same fashion as those at Curtis and Williams Parks with
raised metal lettering attached to the stone wall of the large botanical bed.
The surrounding landscape will provide more plant material and color for
the park and will also serve as a screen between neighboring residents
and the park. In addition to the botanical bed, the concept drawing also
outlines the bus stop which is located near the potential sight. The plan is
to incorporate the same stonework and provide a bench for this area. In
addition to the south east corner entryway, Mr. Bradley also displayed a
potential plan to introduce some new botanical beds to be constructed
towards the center of the park area. These beds would create a sort of
corridor for patrons that are accessing the soccer fields.
After seeing the concept plans for the park, there was brief discussion
among the Board members. Some of the items discussed were the types
of plant materials to be used, lighting for the park sign, and concerns
about the location serving as a hangout for kids. Mr. Bradley responded by
saying that the plant material has not been decided on at this point and
there will be lighting for the sign as well as tree lighting. As far as the area
being a hang out for kids or others, it has not been a problem in any other
location, so it is not anticipated to be a problem at Caruth.
With this, Mr. Pardoe asked if the Board was comfortable giving Staff the
go ahead to begin the project. All Board members present were in
agreement that the project should be started as soon as possible. Staff
anticipates the project will begin as early as October.
2. Coffee Park Master Plan
Mr. Gary Olp of GGO Architects was on hand to go over the concept
drawing for the Coffee Park Master Plan. Before Mr. Olp began his
presentation, Mr. Bradley gave members a brief overview of the existing
conditions at the park. Currently there is overgrowth that needs to be
removed, there is a lack of color beds, and there is very little parking.
The concept drawing outlined by Mr. Olp offers the chance for a new play
area for smaller children, new botanical plantings, park signage, fencing
along Hillcrest and parking along Villanova. Due to the construction of the
Northwest Highway wall, there may also be additional land that will be
added to the park. With the addition of new land, a walking trail could also
be added to the location.
In addition to the re-development of Coffee Park, there is also potential for
some landscaping of Artha Garza Park which is directly across Hillcrest
and currently serves as the City's "Tree Farm". Members were shown an
example of a potential entry way sign that could be positioned at Artha
Garza and would serve as a gateway into the City. Staff was directed to
proceed with developing a brick entrance bed at both intersections of
Hillcrest and Northwest Highway. The brick portal structure with botanical
plantings will act as an entryway into the community.
Staff would like to gain some feedback from the Board on what they feel
should be done with Coffee Park as well as Artha Garza. Mr. Pardoe
emphasized that Coffee is an under-utilized park location that has the
potential to be developed into something better. Mrs. Baltser
recommended that fitness stations in addition to the walking trail might be
something to look into. Several Board members also raised the idea of
removing the baseball diamond from the park all together. Mr. Bradley
informed members that the removal of the ball field from the YMCA's
schedule would meet with a strong opposition from the YMCA as well as
other park patrons. (Staff has attached the current schedule of the
YMCA's usage of the Park for the Boards review).
The Board's approval is needed for Mr. Dip to continue on with further
concept drawings. Staff was directed to continue with the concept plans
and determine how much additional property was to be gained with the
installation of the Northwest Highway Wall.
Work in Progress
Mr. Bradley included a brief outline of current projects being completed by the
Parks Department. This information was included in the agenda packet mailed to
Board members.
Adjournment
There being no further business of the Park Board, the meeting was adjourned
by Mr. Pardoe.
The next meeting of the Park Board is scheduled for Tuesday, September 12th.
l"-~,,;,, ~.J)..e, 8.74. cO
William Pardoe, Chairman Date
Park Advisory Board
YMCA Field Usage 2006-07
Fields
FALL FOOTBALL I SOCCER 2006
Dates
Times
Caruth Park August 25th-November 18th MON-FRI 4:30 -DARK
SATURDAYS 9AM-2:00 PM
SUNDAY 2:00 PM -7:00 PM
Caruth August 25th-November 18th MON-FRI 4:30 -DARK
(Area next to the Tennis
Courts) SATURDAYS 9AM-2:00 PM
SUNDAY 2:00 PM -7:00 PM
Williams Park August 25th-November 18th MON-FRI 4:30 -DARK
SATURDAYS 9AM-2:00 PM
SUNDAY 2:00 PM -7:00 PM
Goar Park (North & South
Fields) August 25th-November 18th MON-FRI 4:30 -DARK
SA TURDA YS 9AM-2:00 PM
SUNDAY 2:00 PM -7:00 PM
Germany Park August 25th-November 18th MON-FRI 4:30 -DARK
SATURDAYS 9AM-2:00 PM
SUNDAY 2:00 PM -7:00 PM
Coffee August 25th-November 18th MON-FRI 4:30 -DARK
SA TURDA YS 9AM-2:00 PM
SUNDAY 2:00 PM -7:00 PM
PAGE 1 OF 3
Spring Soccer -2007
Fields
Dates
Times
Caruth Park
February 5th -April 28th
MON-FRI 4:30 -DARK
SATURDAYS 9AM-2:00 PM
. .
SUNDAY 2:00 PM -7:00 PM
Caruth MON-FRI 4:30 -DARK
(Area next to the Tennis
Courts) February 5th -April 28th SATURDAYS 9AM-2:00 PM
SUNDAY 2:00 PM -7:00 PM
Williams Park February 5th -April 28th MON-FRI 4:30 -DARK
SATURDAYS 9AM-2:00 PM
SUNDAY 2:00 PM -7:00 PM
Goar Park (North & South
Fields) February 5th -April 28th MON-FRI 4:30 -DARK
SATURDAYS 9AM-2:00 PM
SUNDAY 2:00 PM -7:00 PM
PAGE 2 OF 3
Baseball / Softball/ T-Ball-
2007
Fields
Dates
Times
Caruth Park April 9th - June 30th MON-FRI 4:30 -DARK
SATURDAYS 8:30AM-4:00
PM
SUNDAY 2:00 PM -7:00 PM
Coffee Park MON-FRI 4:30 -DARK
SATURDAYS 8:30AM-4:00
April 9th - June 30th PM
- ------- ... -- - - - -- - - _S.1J~Q.AY 2:0p_PM -7:00 PM --
Curtis Park April 9th - June 30th MON-FRI 4:30 -DARK
SATURDAYS 8:30AM-4:00
PM
SUNDAY 2:00 PM -7:00 PM
PAGE 3 OF 3