Loading...
HomeMy WebLinkAboutAgenda 09-26-06 City CouncilA G E N D A #2622 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, SEPTEMBER 26, 2006 AT 5:00 P.M. 4:00-5:00 P.M. WORK SESSION FOR AGENDA REVIEW I.INVOCATION – Community Information Officer Steve Mace II.PLEDGE OF ALLEGIANCE – Community Information Officer Steve Mace/Boy Scouts III.INTRODUCTION OF COUNCIL – Mayor James H. Holmes, III IV.INTRODUCTION OF STAFF – City Manager Bob Livingston V.AWARDS AND RECOGNITION RETIREMENT: Dr. George E. Hurt, Jr., City Health Officer, 18 years of service RETIREMENT: Court Administrator Linda Williams, 28 years of service RECOGNITION: City Employee Recognition Award to Robert Ramon, Luis Alba and Alberto Villa, Park Department – Adams Page 4 VI. CONSENT AGENDA A.CONSIDER: Reservation Request for Curtis Park from Watermark Church – Bradley Pages 5-6 B.CONSIDER: Amendment to and Renewal of Interlocal Agreement with Dallas County for Countywide Household Hazardous Waste Disposal Program FY07 – Speer Pages 7-12 C.CONSIDER: Texas Traffic Safety Program Grant Project: STEP WAVE – Adams Pages 13-44 D.CONSIDER: Renewal of Memorandum of Understanding for appointment of Dallas County Health Department as Local Health Authority – Ledbetter Pages 45-60 E.CONSIDER: Disclosure of Potential Conflict of Interest by City Manager – Livingston Page 61 F.CONSIDER: Resolution Supporting Joint Recommendation for Regional Rail as Approved by DART, DCTA & The “T” to Create a Funding Method for an Area Rail System – Livingston Pages 62-65 G.CONSIDER: Approval of City Council Meeting Minutes for September 5, 7, 14 & 19, 2006 – Wilson Pages 66-72 VII.MAIN AGENDA th A.CONSIDER: Request by St. Michael & All Angels Episcopal Church for 10 Annual Angel Run – Adams Pages 73-75 B.CONSIDER: Request for Special Exception to Allow 8’ Wrought Iron Fence in Front Yard – Persaud Pages 76-93 C.CONSIDER: Agreement with SMU Regarding Possible Sale of Certain City-Owned Property – Smallwood Pages 94-96 D.CONSIDER: Interlocal Agreement with HPISD for School Resource Officer – Adams Pages 97-104 E.CONSIDER: Request from HPISD for Joint Use Agreement Amendments Regarding Track in Germany Park – Bradley Pages 105-108 F.CONSIDER: Proposals for Germany Park Track Construction – Bradley Page 109 G.CONSIDER: Interlocal Agreement with HPISD for Use of Each Other’s Facilities – Bradley Pages 110-115 H.PUBLIC HEARING: To consider Site Location for Germany Park Booster Pumping Station – Smallwood Pages 116-117 I.CONSIDER: Ordinance Revision of Residential Parking District – Adams Pages 118- 121 J.CONSIDER: Concept Plan Review of Barbara Hitzelberger Park – Bradley Page 122 K.CONSIDER: Secondary Entrance Marker Program – Bradley Pages 123-124 L.CONSIDER: Award of Bid for Windows for City Hall Project – Smallwood Page 125 M.DISCUSS: City Council Meeting Dates and Times – Livingston – No Memo N.CONSIDER: Budget Amendment FY2005-2006 Budget – Austin Pages 126-131 O.CONSIDER: Adoption of FY2007 Budget – Austin Pages 132-205 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 REPORTS, BOARD AND COMMITTEE MEETING MINUTES A.BOARD OF ADJUSTMENT B.EMPLOYEE BENFITS ADVISORY COMMITTEE Minutes for August 30, 2006 Pages 206-207 C.FINANCE ADVISORY COMMITTEE Minutes for August 10, 2006 Pages 208-210 D.PARK ADVISORY COMMITTEE E.PLANNING & ZONING COMMISSION F.PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE Minutes for August 29, 2006 Pages 211 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 (09/26/05 AGENDA) DATE: August 30, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Employee Recognition Award I would like to recommend Robert Ramon, Luis Alba and Alberto Villa for the City’s Employee Recognition Award on behalf of the police department. Mr. Ramon, Mr. Alba and Mr. Villa were instrumental in assisting the police department in catching two car burglars. These three employees work in the Parks Department. On th July 20, they were working on Connerly Street and observed a female suspect trying to open car doors of parked cars in the YMCA parking lot. The Police Department had been working extra patrol in the area in an attempt to catch the person(s) that were burglarizing vehicles in that area. Mr. Alba called the police and stayed on the line with dispatch until officers were in the area. They were able to give the officers a description of not only the female suspect, but her male accomplice and their vehicle as it left the area. Officers were able to stop the vehicle a few blocks away and arrested both suspects. With the quick and keen observations of these employees, the University Park Police Department was able to take two criminals off the street. The University Park Police Department thanks these three employees for going above and beyond. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Agenda Memo -Employee Recognition Award (2).doc 10:07 AM 09/07/06 AGENDA MEMO (09/26/2006 AGENDA) DATE: September 20, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Reservation Request for Curtis Park - Watermark Church BACKGROUND: Staff has received an annual request from the Watermark Community Church to reserve Curtis Park for a church picnic on Sunday, October 8, 2006. Watermark Church anticipates approximately 1000 participants to be in attendance and plans to be at the park site from 9:00 a.m. until 2:00 p.m. Watermark Church has hosted several past events at the park site without incident. RECOMMENDATION: Staff is recommending City Council approve the request from the Watermark Church to reserve Curtis Park for a church picnic based on the following criteria: Rental Fee is $500.00 plus a refundable $250.00 security deposit. ? Watermark Church shall rent two (2) additional port-a-potties for ? participant usage. Watermark Church shall refrain from using any P.A. system or any ? 10:00 a.m. amplified music prior to All trash must be carried off the park site. ? ATTACHMENTS: Letter of request from Watermark Church 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Watermark Community Church sept l 2006.doc 12:45 PM 09/21/06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Watermark Community Church sept l 2006.doc 12:45 PM 09/21/06 AGENDA MEMO (09/26/06 AGENDA) DATE: September 20, 2006 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant Director of Public Works SUBJECT: Consider amendment to and renewal of annual Interlocal Agreement with Dallas County to coordinate a Countywide Household Hazardous Waste Disposal Program for FY 07. ITEM: The proposed Interlocal Agreement with Dallas County is an annual renewal of the Household Hazardous Waste Disposal Program that was initiated in 1994. Citizens of University Park have used either local events, usually held quarterly in one of the local communities, or the Home Chemical Collection Center (located at 11232-34 Plano Road) to dispose of their paint, herbicides, pesticides, etc. University Park’s annual contribution to the program is funded as a $25,000 expenditure from the Sanitation Division FY 2007 Budget. This year’s renewal includes an amendment to the agreement to reflect changes in the effective term, fiscal year budget, and City responsibilities related to the timing of payments. Staff has reviewed the proposed amendment and found no significant changes. The changes are largely procedural and represent no change in the level, type, or cost of the services provided. RECOMMENDATION: Staff recommends City Council approval of the amendment and authorization for the City Manager to execute the Interlocal Agreement with Dallas County to coordinate a Countywide Household Hazardous Waste Disposal Program. ATTACHMENTS: ? Amendment No. 4 to the Household Hazardous Waste Interlocal Agreement ? Exhibits A2007, B2007, and C2007 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\HHW Interlocal Renew 092606.doc 2:05 PM 09/20/06 AGENDA MEMO (9/26/06 AGENDA) DATE: September 1, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Texas Traffic Safety Program Grant Project: STEP WAVE ITEM The Police Department applied and received a Texas Traffic Safety Grant. The total amount of the award is $9,730.00. The purpose of the grant is to conduct overtime traffic enforcement focusing on specific traffic law violations during high volume holiday periods in order to reduce traffic crashes, injuries and fatalities. RECOMMENDATION Staff recommends that the city adopt a resolution entering into an agreement with the Texas Department of Transportation supporting the state’s efforts to increase safety belt usage and speed enforcement. ATTACHMENTS • Texas Traffic Safety Program Grant Agreement • Resolution 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\STEP grant 090106.doc 9:19 AM 09/07/06 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A GRANT AGREEMENT WITH THE STATE OF TEXAS FOR TRAFFIC ENFORCEMENT AND AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in connection with the approval of a Texas Traffic Safety Program Grant in the amount of $9,730 for a Selective Traffic Enforcement Program, it is necessary to enter into a Grant Agreement with the State of Texas, through the Texas Department of Transportation’ and WHEREAS, the City Council wishes to accept the grant, approve the Agreement and authorize the City Manager to sign it on behalf of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS; SECTION 1. That a grant in the amount of $9,730 is accepted and the Texas Traffic Safety Program Agreement (“Agreement”), by and between the City of University Park and the State of Texas, through the Texas Department of Transportation, a copy of which is attached hereto as Exhibit “A” and made part hereof for all purposes, is hereby approved in all respects. SECTION 2. That the City Manager is hereby authorized and directed to execute the Agreement on behalf of the City and to perform such other administrative steps as are necessary to give effect of the Agreement on behalf of the City. SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF th UNIVERSTIY PARK, TEXAS, on the 26 day of September 2006. APPROVED: _____________________________ JAMES H. HOLMES, III, MAYOR ATTEST: _____________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: ________________________ CITY ATTORNEY I, Nina Wilson, City Secretary of the City of University Park, Dallas County, Texas, do hereby certify that the foregoing Resolution, proposed by Councilmember _______________ was duly passed and adopted in the City Council meeting of the City th of University Park, Dallas County, Texas at a regular meeting assembled this 26 day of September 2006, by the following vote: AYES: __________ NAYS: __________ ABSENT: __________ ______________________ CITY SECRETARY OF THE CITY OF UNIVERSITY PARK DALLAS COUNTY, TEXAS — For TxDOT Use Only — Federal Pass Through Misc. Contract Number: 587XXF6075 Grant Funds CFDA #20.600 Charge Number: 07-07-01-C1-AM State Grant Funds Project Year: 3 PIN (14 characters only): 17560006987008 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department, and City of University Park, hereinafter called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n): State Agency Non-Profit Organization Unit of Local Government Educational Institution Other (describe): . AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Year(s) 2006. Project Title:STEP - WAVE Brief Project Description: To conduct overtime traffic enforcement focusing on specific traffic law violations during high traffic volume holiday periods in order to reduce traffic crashes, injuries and fatalities. Grant Period: October 1, 2006 The Grant becomes effective on , or on the date of final signature of both September 30, 2007 parties, whichever is later, and ends on , unless terminated or otherwise modified. Maximum Amount Eligible for Reimbursement: $9,730. The following attachments are incorporated as indicated as a part of the Grant Agreement: ¦ Attachment A, Mailing Addresses ¦ Attachment B, General Terms and Conditions (TxDOT Form 1854) ¦ Attachment C, Project Description (TxDOT Form 2076) ¦ Attachment D, Action Plan (TxDOT Form 1852) ¦ Attachment E, Project Budget (TxDOT Form 2077 or 2077-LE) Attachment F, Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement Program grants only) Page 1 of 2 TxDOT Form 2075 STEP Wave (rev. 6/29/2006) Project Title: STEP - WAVE TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the Grant Agreement, she/he will sign and submit to the Department a letter designating signature authority by position title for grant-related documents other than the Grant Agreement or Grant Agreement amendments. These other grant-related documents will include, but not be limited to, the following: performance reports, final performance report and administrative evaluation report, Requests For Reimbursement (RFRs), and routine correspondence. THE SUBGRANTEE THE STATE OF TEXAS City of University Park Executed for the Executive Director and approved [Legal Name of Agency] for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out By orders, established policies or work programs [Authorized Signature] approved and authorized by the Texas Transportation Commission. [Name] By District Engineer [Title] Texas Department of Transportation Date: William L. Hale, P.E. [Name] District Engineer Under authority of Ordinance or Resolution [Title] Number (for local governments): Date: By Director, Traffic Operations Division Texas Department of Transportation (Not required for local project grants under $100,000.) Date: Page 2 of 2 TxDOT Form 2075 STEP Wave (rev. 6/29/2006) Attachment A Project Title: STEP - WAVE Mailing Addresses following addresses shall be used to mail all required notices, For the purpose of this agreement, the reports, claims, and correspondence . (NOTE: For warrants (checks), the address indicated by the electronic mail code, which is the last three digits of the PIN on page 1 of this Grant Agreement, shall be used for disbursing payments. If that address is not where the Subgrantee wants warrants or checks to be sent, the Subgrantee needs to notify the Department of any appropriate changes. For Subgrantee (Project Director): Name: Robert Brown Title: Chief of Police Organization: City of University Park Address: 3800 University Blvd University Park, TX 75205 Phone: 214-987-5353 Fax: 214-987-5350 E-mail: rdbrown@uptexas.org Note: Any change in the Subgrantee information in this Attachment A, Mailing Addresses, does not require an amendment to the Grant Agreement. However, the Subgrantee must submit a letter with the corrected information to the Department address below within 15 days of the change. For Texas Department of Transportation: Name: Pat Hickman Title: TSS Organization: Texas Department of Transportation Address: 4777 E. Hwy 80 Mesquite, TX 75150-6643 Phone: 214-320-6235 Fax: 214-319-6568 E-mail: phickma@dot.state.tx.us Page 1 of 1 TxDOT Form 2075 STEP Wave (rev. 6/29/2006) Attachment B Project Title: STEP Wave Subgrantee: City of University Park Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CPR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-llO); OMB Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB Circular A-133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) 994601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. Page 1 of 12 TxDOT Form 1854 (rev. 712012004) Attachment B Project Title: STEP Wave Subgrantee: Citv of University Park H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC ~~4321 et seq.; the Clean Air Act, as amended, 42 USC ~~7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC ~~1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ~~6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC ~~9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section !02(a) of the Flood Disaster Protection Act of 1973, 42 USC ~4012a(a). Section !02(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment E, Traffic Safety Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If Attachment E, Traffic Safety Project Page 2 of 12 TxDOT Form 1854 (rev. 712012004) Attachment B Project Title: STEP Wave Subgrantee: City of University Park Budget, specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with Attachment E, Traffic Safety Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department prior to the Request for Reimbursement being approved. This notification must be in the form of an attachment to the Request for Reimbursement that covers the period of the overrun. This attachment must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In Attachment E of the Grant Agreement, Traffic Safety Project Budget (Form 2077-LE), Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with Attachment E, Traffic Safety Project Budget, within the time frame specified in the Grant Period on page 1 of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. Page 3 of 12 TxDOT Form 1854 (rev. 712012004) Attachment B Project Title: STEP Wave Subgrantee: City of University Park E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: . A-2I, Cost Principles for Institutions of Higher Education; . A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, . A-I22, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in Attachment D, Action Plan, within thirty (30) days after the end of the billing period. The Subgrantee will use billing forms acceptable to the Department. The original Request for Reimbursement, with the appropriate backup documentation, must be submitted to the Department address shown on Attachment A, Mailing Addresses, of this Agreement. In addition, a copy of the Request for Reimbursement and appropriate backup documentation, plus three (3) copies of the Request for Reimbursement without backup documentation, must be submitted to this same address. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45) days of the end of the grant period. H. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period, which is specified on page 1 of this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment designated by the Department. Any amendment must be executed by the parties within the Grant Period, as specified on page 1 of this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Page 4 of 12 TxDOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP Wave Subgrantee: Citv of University Park Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Sub grantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the end of each reporting period, as designated in Attachment D, Action Plan, the Subgrantee shall submit a performance report using forms provided or approved by the Department. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. The Subgrantee shall submit the Final Performance and Administrative Evaluation Report electronically within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. Page 5 of 12 TxDOT Form 1854 (rev. 712012004) Attachment B Project Title: STEP Wave Subgrantee: Citv of University Park B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified on page 1 of this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Sub grantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. Page 6 of 12 TxDOT Form 1854 (rev. 712012004) Attachment B Project Title: STEP Wave Subgrantee: City of University Park ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: . This Agreement is terminated in writing with the mutual consent of both parties; or . There is a written thirty (30) day notice by either party; or . The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified on page 1 of this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business Page 7 of 12 TxDOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP Wave Subgrantee: City of University Park lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: Page 8 of 12 TxDOT Form 1854 (rev. 712012004) Attachment B Project Title: STEP Wave Subgrantee: City of Universitv Park . 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agree- ments to State and Local Governments," or . 49 CFR, Part 19 (OMB Circular A-IlO), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations. " ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Page 9 of 12 TxDOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP Wave Subgrantee: City of University Park C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee' s noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CPR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CPR Part 26, apply to this Agreement as follows: · The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CPR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. · The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. Page 10 of 12 TxDOT Form 1854 (rev. 712012004) Attachment B Project Title: STEP Wave Subgrantee: City of University Park ARTICLE 24. DEBARMENT/SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. Page 11 of 12 TxDOT Form 1854 (rev. 712012004) Attachment B Project Title: STEP Wave Subgrantee: City of Universitv Park This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department. The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: hUp:/ /www.dot.state.tx.us/cso/default.htm. Page 12 of 12 TxDOT Form 1854 (rev. 712012004) Attachment C Project Title: STEP - Wave Name of Subgrantee: City of University Park Traffic Safety Project Description I. OBJECTIVES This grant includes the following enforcement elements: (Please mark all that apply. Elements and Wave periods selected must match STEP Wave application. ) IZI Occupant Protection IZI Speeding D DWI This grant includes the following Wave periods: STEP Wave agencies must work two (2) required Wave periods: Memorial Day and Labor Day. The STEP Wave application gave the agencies the opportunity to select up to four (4) optional Wave periods from the following list: Halloween, Thanksgiving, Christmas/New Year's, Valentine's Day, Spring Break, Independence Day, or a local special event period. The Objectives of this grant are to accomplish the following in each enforcement element during the selected Wave periods by September 30,2007: (Change the N/A to a number where applicable. Do not include percent symbols on surve information.) ObjectiveslPerformance Measures Number and type citations to be issued under STEP 1. Safety belt citations to be issued during this Wave 2. Child safety seat citations to be issued during this Wave 3. Speeding citations to be issued during this Wave 4. DWI arrests to be made during this Wave N/A N/A N/A N/A 5. Safety belt citations to be issued during this Wave 6. Child safety seat citations to be issued during this Wave 7. Speeding citations to be issued during this Wave 8. DWI arrests to be made during this Wave 70 5 75 N/A 9. Safety belt citations to be issued during this Wave 10. Child safety seat citations to be issued during this Wave 11. Speeding citations to be issued during this Wave 12. DWI arrests to be made during this Wave N/A N/A N/A N/A Traffic Safety Project Description Page 1 of6 TxDOT Form 2076-STEP Wave (Rev: 6/2912006) Attachment C Project Title: STEP - Wave Subgrantee: City of University Park ObjectiveslPerformance Measures 13. Safety belt citations to be issued during this Wave N/A 14. Child safety seat citations to be issued during this Wave N/A 15. Speeding citations to be issued during this Wave N/A 16. DWI arrests to be made during this Wave N/A 17. Safety belt citations to be issued during this Wave N/A 18. Child safety seat citations to be issued during this Wave N/A 19. Speeding citations to be issued during this Wave N/A 20. DWI arrests to be made during this Wave N/A 21. Safety belt citations to be issued during this Wave 70 22. Child safety seat citations to be issued during this Wave 5 23. Speeding citations to be issued during this Wave 75 24. DWI arrests to be made during this Wave N/A 25. Safety belt citations to be issued during this Wave N/A 26. Child safety seat citations to be issued during this Wave N/A 27. Speeding citations to be issued during this Wave N/A 28. DWI arrests to be made during this Wave N/A 29. Safety belt citations to be issued during this Wave 70 30. Child safety seat citations to be issued during this Wave 5 31. Speeding citations to be issued during this Wave 75 32. DWI arrests to be made during this Wave N/A 33. Safety belt citations to be issued during this Wave N/A 34. Child safety seat citations to be issued during this Wave N/A 35. Speeding citations to be issued during this Wave N/A 36. DWI arrests to be made during this Wave N/A Total number of enforcement hours for entire grant period Traffic Safety Project Description Page 2 of6 TxDOT Form 2076-STEP Wave (Rev: 6/29/2006) Attachment C Project Title: STEP - Wave Subgrantee: City of University Park ObjectiveslPerformance Measures Number C. Increase the overall safety belt usage rate among drivers and front-seat passengers by _ percentage points. (For example: 5 points. The measure must be a number and not a %. This performance measure is for the entire grant from start to completion; each agency will still be required to enter pre and post-survey data for each Wave worked for monitoring purposes) 7 D. Increase the overall speed compliance rate by _ percentage points. (For example: 5 points. The measure must be a number and not a %. This performance measure is for the entire grant from start to completion; each agency will still be required to enter pre and post-survey data for each Wave worked for monitoring purposes) 3 E. Complete administrative and general grant requirements as defined in the Action Plan, Attachment D. 1. Submit the following number of Performance Reports, including the Final Performance Report and Administrative Evaluation Report. 2. Submit the following number of Requests for Reimbursement F. Support grant enforcement efforts with public information and education (PI&E) as defined in the Action Plan, Attachment D. 1. Conduct a minimum of one (1) presentation for each STEP Wave conducted. 3 2. Conduct a minimum of two (2) media exposures for each STEP Wave conducted (e.g., news conferences, news releases and interviews). 6 3. Conduct a minimum of (1) community event for grant period. 1 4. Produce the following number of public information and education materials if applicable. N/ A 5. Distribute the following number of public information and education materials if applicable. 500 NOTE: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non- STEP funded citation and arrest activity due to the prohibition of supplanting. II. RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out the objectives and performance measures of this grant by implementing all activities in the Action Plan, Attachment D. Traffic Safety Project Description Page 3 of6 TxDOT Form 2076-STEP Wave (Rev: 6129(2006) Attachment C Project Title: STEP - Wave Subgrantee: City of University Park B. The ObjectiveslPerformance Measures shall be included in each Performance Report and summarized in the Final Performance and Administrative Evaluation Report. Submit all required reports to the Department fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions, Attachment B of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in periodic performance reports. All required documents must be accurate. Inaccurate documents will delay any related Requests for Reimbursement. The Sub grantee must enter all Annex and Performance Report data into the Buckle Up Texas Website (www.buckleuptexas.com). C. A Final Performance and Administrative Evaluation Report summarizing all activities and accomplishments will be submitted electronically via the Buckle Up Texas Website no later than thirty (30) days after the grant ending date. Final Requests for Reimbursements cannot be processed without the submission of the Final Performance Report and AER. D. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department, as indicated in the Action Plan, to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. When applicable, all newly developed public information and education (PI&E) materials must be submitted to the Department for written approval prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures. The manual is located at http://manuals.dot.state.tx.us/docs/coltraff/forms/tfc.pdf. F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district-managed grants, the Subgrantee must have written Department district approval for travel and related expenses if outside of the district boundaries. G. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. H. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. I. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. J. Carry out the objectives of this grant by implementing the Operational Plan, Attachment F of this Grant Agreement. Traffic Safety Project Description Page 4 of6 TxDOT Form 2076-STEP Wave (Rev: 6/29/2006) Attachment C Project Title: STEP - Wave Subgrantee: City of University Park K. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include: name, date, badge or identification number, type of grant worked, grant site number, mileage (if applicable) (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. L. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department (TxDOT) prior to incurring costs. M. Support grant enforcement efforts with public information and education (PI&E). Salaries being claimed for PI&E activities must be included in the budget. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. P. For Speed Element Waves - Officers assigned to speed enforcement sites should be trained in the use of radar or laser speed measurement devices. Q. For DWI Element Waves - At the time the signatory for the Subgrantee signs the Grant Agreement, they shall provide a letter to the Department from the enforcement agency head, training officer, or authorized individual certifying that the officers working DWI enforcement are, or will be, trained in the National Highway Traffic Safety AdministrationlIntemational Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year sub grantee , the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. R. For DWI Element Waves - The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. S. For DWI Element Waves - The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com. T. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. III. RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: Traffic Safety Project Description Page 50f6 TxDOT Form 2076-STEP Wave (Rev: 6/29/2006) Attachment C Project Title: STEP - Wave Subgrantee: City of University Park 1. Review of periodic reports 2. Physical inspection of project records 3. Telephone conversations 4. E-mails and letters 5. Meetings B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the Traffic Safety Project Budget, Attachment E. Requests for Reimbursement will be processed up to the maximum amount payable as indicated on the cover page of the Grant Agreement. E. Perform an administrative review of the project at the close of the grant period to include a review of adherence to the Action Plan, Attachment D, the Traffic Safety Project Budget, Attachment E and attainment of project objectives. Traffic Safety Project Description Page 60f6 TxDOT Form 2076-STEP Wave (Rev: 6/29/2006) ACTION PLAN for STEP projects FY 2007 Attachment D PROJECT TITLE: STEP Wave SUBGRANTEE: City of University Park OBJECTIVE: To complete administrative and general grant requirements by 9/30/2007, as defined below: KEY: p = planned activity c = completed activity r = revised PROJECT MONTH ACTIVITY RESPONSIBLE OC NO DE JA FE MR AP MY IN JL AU SE OC NO 1. Submit letter regarding signature authority. Subgrantee p 2. Submit operational cost per vehicle mile (If applicable). Subgrantee p 3. Hold Grant delivery meeting. Department p 4. Attend TxDOT Project Management Course Subgrantee p 5. Submit Performance Reports. Subgrantee p p 6. Submit Requests for Reimbursement. Subgrantee p p p 7. Submit Final Performance Report and Administrative Subgrantee p Evaluation Report. 8. Hold Grant progress review meeting. Subgrantee & Dept. p p p P 9. Conduct on-site monitoring visit. Department p p 10. Submit documentation of any grant-required training (if Subgrantee p applicable) 11. Conduct enforcement. Subgrantee p p p p P 12. Conduct pre and post surveys Subgrantee p p p p p Page 1 012 * ~Texas Department of Transportation Form 1852-LE (rev. 7/14/2006) ACTION PLAN for STEP projects FY 2007 Attachment D PROJECT TITLE: STEP Wave SUBGRANTEE: City of University Park OBJECTIVE: To support grant efforts with a public information and education (PI&E) program by 9/30/2007, as defined below: KEY: p = planned activity c = completed activity r = revised Modify these activities as appropriate: PROJECT MONTH ACTIVITY RESPONSIBLE OC NO DE JA FE MR AP MY IN JL AU SE OC NO 1. Determine types of materials needed. Subgrantee nla 2. Develop proposed materials. Subgrantee nla 3. Submit proposed materials and the PI&E plan to the Subgrantee nla Deoartment for aooroval. 4. Approve materials and plan. Department nla 5. Distribute materials. Subgrantee p p p 6. Maintain records of all PI & E material received/distributed. Subgrantee p p p 7. Conduct presentations. Subgrantee p p p 8. Conduct media exposures (e.g., news conferences, news Subgrantee p p p p p releases, and interviews) 9. Conduct community events (e.g., health fairs, booths). Subgrantee p Page 2 of2 * ~epartment Iofo;~:::rtatlon Form 2077-LE (rev. 6/29/2006) Page 1 of 2 Attachment E Traffic Safety Project Budget (for Law Enforcement Projects) Project Title: STEP Wave Name of Subgrantee: City of University park Fiscal Year: 2007 o Check here if this is a revised budget. Date Revised: Budget Category I - Labor Costs (100) Salaries I:8J Overtime or D Regular Time Salary rates are estimated for budget purposes only. Reimbursements will be based on actual costs per employee in accordance with Subgrantee's payroll policy and salary rate. List details: A. Enforcement (overtime) 1. Officers/Deputies: 120.00 hrs. @ $43.00 per hr. 2. Sergeants: 15.00 hrs. @ $47.00 per hr. 3. Lieutenants & others: 15.00 hrs. @ $52.00 per hr. B. PI&E Activities (overtime) See Grant Instructions. 2.00 hrs. @ $43.00 per hr. e. Other (i.e., overtime staff, supervisory support, conducting surveys) See Grant Instructions. Specify: supervisory support 4.00 hrs. @ $52.00 per hr. Total Salaries ........... .......... .............. .............................................. (200) Fringe Benefits* Specify fringe rates: A. Overtime: 33% B. Part-Time:_% C. Regular Time: _% Total Fringe Benefits..................................................................... I. Total Labor Costs (100 + 200) ........................................................ (Round figures to nearest dollar) Other/ TxDOT State/Local TOTAL 5,160 705 780 5,160 705 780 86 86 208 6,939 208 6,939 o 2,290 2,290 0 0 2,290 0 2,290 9,229 0 9,229 * Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500), Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800) TxDOT Form 2077-LE (rev. 6/29/2006) Page 2 of 2 Project Title: STEP Wave Subgrantee: City of University park Attachment E Fiscal Year: 2007 o Check here if this is a revised budget. Date Revised: Budget Category II - Other Direct Costs (300) Travel* Reimbursements will be in accordance with Subgrantee's travel policy. Subgrantee must bill for actual travel expenses - not to exceed the limits reimbursable under state law. A. Travel and Per Diem (includes conferences, training workshops, and other non-enforcement travel) ......................... B. Subgrantee Enforcement Vehicle Mileage: Rates used only for budget estimate. Reimbursement will be made according to the approved subgrantee's average cost per mile to operate patrol vehicles, not to exceed the applicable state mileage reimbursement rate as established by the Legislature in the travel provisions of the General Appropriations Act. Documentation of cost per mile is required prior to reimbursement. 360.00 miles @ $0.3500 per mile ........................................ Total Travel................................................................................... (400) Equipment* ............................................. ............................. (500) Supplies* ............................................................................... (600) Contractual Services*.......................................................... (700) Other Miscellaneous* A. Registration fees (training, workshops, conferences, etc.) ..................... B. Public information & education (PI&E) materials .................... 1. Educational items = $_ (eg.: brochures, bumper stickers, posters, fliers, etc.) 2. Promotional items = $_ (eg.: key chains, magnets, pencils, pens, mugs, etc.) C. Other.......................................................................................... Total Other Miscellaneous........................ ................................ .... II. Total Other Direct Costs (300 + 400 + 500 + 600 + 700)............. Budget Category III - Indirect Costs (800) Indirect Cost Rate* (at 19.00%) .......................................... Summary: Total Labo r Costs ......... .................... ......... ...... ............. ................. To tal Other Direct Costs................. ............... ........................ ....... Total Indirect Costs ........... ............ ................. ...... ......................... Grand Total (1+11 + III) ....................................................., Fund Sources (Percent Share) ........................................................ (Round figures to nearest dollar) Other/ TxDOT State/Local TOTAL 300 o 126 426 o o o 300 75 o o o o 75 501 126 426 1,318 9,229 501 1,318 11,048 * Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500), Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800) 75 75 501 1,318 9,229 0 501 0 0 1,318 9,730 1,318 88.07 % 11.93% City of University Park BUDGET DETAIL ATTACHMENT Description (200) Frinae Benefits Total- 3% Workers compensation - 2.9% FICA - 7.4% Retirement - 9.7% Insurance - 13% (300) Travel and Per Diem Travel & Per Diem for attending Save a Life Summit Travel & Per Diem for attending Project Management Course will be allocated from enforcement funds if necessary Mileage - 360 @ 0.35 per mile (400) EQuipment (500) Supplies (600) Contractual Services (700) Other Miscellaneous Other: Registration fee for Save a Life Summit (if applicable) (800) Indirect Costs Indirect Cost Rate - 19% University Park budget det.doc :+ #;rexa. Department of Tran.portlltlon TRAFFIC SAFETY OPERATIONAL PLAN Attachment F Form 2109-sw (rev. 7/3/2006) Project Fiscal Year: 2007 Subgrantee: City of University Park Project Title: STEP - Wave Subgrantee may only work the elements and enforcement periods below that are identified in Attachment C Element Site Description Enforcement Period Halloween Wave Occupant Jurisdiction wide Oct. 27 - Nov. 1,2006 Protection (Daylight hours only) Thanksgiving Day Wave Nov. 20 - 26,2006 Christmas/New Year's Wave Speeding Jurisdiction wide December 22, 2006 - Jan. 2, 2007 (Speed enforcement should be focused on areas where there is at Valentines Day Wave least a 50% noncompliance with Feb. 10 - 14,2007 the posted speed limits and/or a higher number of speed-related Spring Break Wave crashes) March 10 - 19, 2007 Memorial Day Wave May 21 - June 3, 2007 Independence Day Wave DWI Jurisdiction wide July 1 - 5, 2007 (DWI enforcement should be Labor Day Wave focused on areas that have Aug. 17 - Sep. 3, 2007 experienced a high volume of alcohol-related crashes) LocaVSpecial Event Wave Maximum of 7 consecutive days - enter planned dates: Page 1 of 3 Form 2109-sw (rev. 7/3/2006) Attachment F - Operational Plan Wave Schedule FY 07 STEP WAVE SCHEDULE The enforcement periods must remain as scheduled. Use this schedule as a guide for planning survey and media activities Pre-media LOCAL I SPECIAL EVENT (Required if added) If selected, this period may be scheduled at the agencies discretion as long as it does not conflict with another Wave period's enforcement effort. The Local/Special Event period cannot exceed 7 consecutive days of enforcement Page 2 of 3 Form 2109-sw (rev. 7/3/2006) Attachment F - Operational Plan Description of Activities Description of Activities Pre-Survevs Conduct pre-observational surveys for each Wave period to establish safety belt usage rates and/or speed limit compliance prior to conducting any wave enforcement activity. Surveys are only applicable to STEP Wave grants consisting of Occupant Protection and/or Speeding components. Pre-Media Campaign Conduct local media events immediately before the enforcement effort to maximize the visibility of enforcement to the public. These media events tell the public when, where, how and why the safety belt and speed limit laws are being enforced. Media will emphasize the special target groups of each wave effort, i.e. Child Passenger Safety Week, Buckle Up America Week, CIOT, etc. Enforcement Effort Intensify enforcement through an overtime STEP that places primary emphasis on increasing the number of citations for non-use of occupant restraints, and/or speeding, during the peak holiday traffic. Post-survevs Conduct post-observational surveys for each Wave period to determine safety belt usage and/or speed limit compliance. Measure the impact of media/enforcement effort. Surveys are only applicable to STEP Wave grants consisting of Occupant Protection and/or Speeding components. Post-media Campaign Conduct local media events to tell the public why the safety belt and speed laws are important and the results of the wave. Page 3 of 3 AGENDA MEMO (09/26/06 AGENDA) DATE: September 14, 2006 TO: Honorable Mayor and City Council FROM: David Ledbetter, Fire Chief SUBJECT: Renewal of MOU for Appointment of Dallas County Health Department as the Local Health Authority A Memorandum of Understanding originally approved in January 2003 is attached for your approval for its renewal from the Dallas County Health Department. This Memorandum of Understanding (MOU) designates the Dallas County Health Department as the “Local Health Authority” in the event of an outbreak of communicable diseases whether they are from man-made sources, or an act of bio-terrorism. It is important to note that the Dallas County Health Department acts as the Local Health Authority for those Dallas County cities that do not have health departments. The MOU allows the Dallas County Health Department to provide control measures to stop the spread of communicable disease/diseases to the public. The control measures are defined by Chapter 81 of the Texas Health & Safety Code, known as the Texas Communicable Disease Prevention and Control Act. The control measures are: ? Pursuant to Chapter 81, control measures may be imposed on an individual, animal, place or object as appropriate ? Pursuant to Chapter 81, control measures may include: immunization, detention, restriction, disinfection, decontamination, isolation, quarantine, disinfestation, chemoprophylaxis, preventative therapy, prevention and education. RECOMMENDATION: Mr. Dillard, the City Attorney, has reviewed this document and concurs with staff to recommend approval of the Memorandum of Understanding. ATTACHMENTS: Memorandum of Understanding 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Agenda Memo Dallas County Health MOU Renewal 092606.doc 3:39 PM 09/14/06 MEMORANDUM OF UNDERSTANDING FOR BIOTERRORISM OR HEALTH EMERGENCY ASSISTANCE BETWEEN DALLAS COUNTY, TEXAS AND THE CITIES (TOWNS) OF ADDISON, BALCH SPRINGS, CARROLLTON, CEDAR HILL, COCKRELL-HILL, COPPELL, DALLAS, DESOTO, DUNCANVILLE, FARMERS BRANCH, GARLAND, GLENN HEIGHTS, GRAND PRAIRIE, HIGHLAND PARK, HUTCHINS, IRVING, LANCASTER, MESQUITE, RICHARDSON, ROWLETT, SACHSE, SEAGOVILLE, SUNNYVALE, UNIVERSITY PARK, and WILMER THIS AGREEMENT (the “Agreement”), is made and entered into by and between the following Parties: “COUNTY” County of Dallas, Texas (hereinafter referred to as ), located at the nd Administration Building – 2 Floor, 411 Elm Street, Dallas, TX 75202, is a corporate and political body recognized as legal subdivision of the State of Texas pursuant to Article XI, Section 1 of the Texas Constitution; and “ ADDISON Town of Addison, Texas (hereinafter referred to individually as ”), located at Town Hall, 5300 Beltline Rd., Dallas, TX 75254, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “BALCH City of Balch Springs, Texas (hereinafter referred to individually as ”), located at City Hall, 3117 Hickory Tree Road, Balch Springs, TX 75180, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “CARROLLTON” City of Carrollton, Texas (hereinafter referred to individually as ), located at City Hall, 1945 East Jackson Road, Carrollton, TX 75006, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “CEDAR HILL” City of Cedar Hill, Texas (hereinafter referred to individually as ), located at City Hall, 502 Cedar Street, Cedar Hill, TX 75104, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “COCKRELL City of Cockrell Hill, Texas (hereinafter referred to individually as HILL” ), located at City Hall, 4125 West Clarendon, Cockrell Hill, TX 75211, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 1 “COPPELL” City of Coppell, Texas (hereinafter referred to individually as ), located at 255 Parkway Blvd, Coppell, TX 75019, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “DALLAS” City of Dallas, Texas (hereinafter referred to individually as ), located at City Hall, 1500 Marilla Street, Dallas, TX 75201, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “DESOTO” City of DeSoto, Texas (hereinafter referred to individually as ), located at City Hall, 211 East Pleasant Run Road, DeSoto, TX 75115, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “DUNCANVILLE” City of Duncanville, Texas (hereinafter referred to individually as ), located at City Hall, 203 East Wheatland Road, Duncanville, TX 75138, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “FARMERS City of Farmers Branch, Texas (hereinafter referred to individually as BRANCH” ), located at City Hall, 13000 William Dodson Parkway, Farmers Branch, TX 75234, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “GARLAND” City of Garland, Texas (hereinafter referred to individually as ), located at th City Hall, 200 North 5 Street, Garland, TX 75040, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “GLENN City of Glenn Heights, Texas (hereinafter referred to individually as HEIGHTS ” ), located at City Hall, 1938 South Hampton Road, Glenn Heights, TX 75154, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “GRAND City of Grand Prairie, Texas (hereinafter referred to individually as PRAIRIE” ), located at City Hall, 317 College, Grand Prairie, TX 75050, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “HIGHLAND Town of Highland Park, Texas (hereinafter referred to individually as PARK” ), located at Town Hall, 4700 Drexel Drive, Highland Park, TX 75205, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “HUTCHINS” City of Hutchins, Texas (hereinafter referred to individually as ), located at City Hall, 321 N. Main, Hutchins, TX 75141, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “IRVING” City of Irving, Texas (hereinafter referred to individually as ), located at City Hall, 825 West Irving Boulevard, Irving, TX 75060, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 2 “LANCASTER” City of Lancaster, Texas (hereinafter referred to individually as ), located at City Hall, 211 N. Henry St., Lancaster, TX 75146, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “MESQUITE” City of Mesquite, Texas (hereinafter referred to individually as ), located at City Hall, 1515 N. Galloway Avenue, Mesquite, TX 75149, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “RICHARDSON” City of Richardson, Texas (hereinafter referred to individually as ), located at City Hall, 411 West Arapaho Road, Richardson, TX 75080, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “ROWLETT” City of Rowlett, Texas (hereinafter referred to individually as ), located at City Hall, 4000 Main Street, Rowlett, TX 75088, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “SACHSE” City of Sachse, Texas (hereinafter referred to individually as ), located at City Hall, 5109 Peach Tree, Sachse, TX 75048, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “SEAGOVILLE” City of Seagoville, Texas (hereinafter referred to individually as ), located at City Hall, 702 N. Highway 175, Seagoville, TX 75159, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “SUNNYVALE” Town of Sunnyvale, Texas (hereinafter referred to individually as ), located at City Hall, 127 Collins Road, Sunnyvale, TX 75182, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “UNIVERSITY City of University Park, Texas (hereinafter referred to individually as PARK” ), located at City Hall, 3800 University Boulevard, University Park, TX 75205, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and “WILMER” City of Wilmer, Texas (hereinafter referred to individually as ), located at City Hall, 128 North Dallas Avenue, Wilmer, TX 75172, is a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and CITIES The aforementioned cities shall be referred to collectively in this Agreement as the . I. PURPOSE WHEREAS,COUNTY, CITIES the and the agree that the outbreak of disease from natural or man-made sources, or as the result of an act or acts of bioterrorism can pose facility and manpower problems beyond the capacity of most individual cities; and Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 3 WHEREAS, in order to protect the health and safety of the public throughout Dallas County, subject to the limitations of Article III of this Agreement, the CITIES desire to designate COUNTY’s Health Authority as the Local Health Authority of each CITY in the event of a local health emergency or act of bioterrorism; and WHEREAS, a formal agreement between local governmental entities would allow for better coordination of this effort, provide that adequate facility space and manpower is available, and help ensure that this effort is accomplished as quickly as possible if the need arises; and WHEREAS, the governing officials of the entities who have executed this Agreement of identical counterparts, collectively desire to secure for each such entity the benefits of mutual aid and protection of life and health in the event of a such an outbreak of disease; it is agreed as follows: II. DEFINITIONS A.Political Subdivision: Any corporate and political entity organized under state law, as defined in Chapter 791, Texas Government Code (“Chapter 791”) B.Local Health Authority: (“LHA”), means the physician employed by the Dallas County Health and Human Services Department that has been appointed as Health Authority for Dallas County pursuant to Chapter 121 of the Texas Health & Safety Code (“Chapter 121”). C.Local Health Authority’s Jurisdiction: Includes the unincorporated area of Dallas County and the territory within the boundaries of each political subdivision within Dallas County that executes the Certificate of Appointment made part of this Agreement. D.Control Measures: Pursuant to Chapter 81 of the Texas Health & Safety Code, known as the Texas Communicable Disease Prevention and Control Act (“Chapter 81”), a communicable disease control measure may be imposed by the Local Health Authority in the Local Health Authority’s jurisdiction. 1.Pursuant to Chapter 81, control measures may be imposed on an individual, animal, place or object as appropriate. 2.Pursuant to Chapter 81, control measures may include: immunization, detention, restriction, disinfection, decontamination, isolation, quarantine, disinfestation, chemoprophylaxis, preventive therapy, prevention and education. E.Local Health Emergency: the outbreak of disease from natural or man-made sources, and/or Pursuant to Chapter 508 of the Texas Health & Safety Code (“Chapter 508”), any circumstance in which an environmental or toxic agent is introduced into the environment, including an act of terrorism, requiring the application of control measures under the provisions of Chapter 81. Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 4 F. Environmental or Toxic Agent: Pursuant to Chapter 508, any bacterium or other disease- producing organism, toxic substance, radioactive substance, or other hazardous substance capable of causing widespread human illness, death, or substantial negative economic impact. G. Area Quarantine: Pursuant to Chapter 508, an area quarantine imposed by the LHA in response to the introduction of an environmental or toxic agent, will expire the earlier of: i) th the 24 hour after the time the area quarantine is imposed; or ii) the time that appropriate action to terminate the quarantine or impose superseding requirements is taken under Chapter 418 of the Texas Government Code, or is taken by the Texas Commissioner of Health. III. DESIGNATION OF HEALTH AUTHORITY A. The CITIES agree to designate the COUNTY’s Health Authority to serve as their Local Health Authority (“LHA”) for purposes of a local health emergency or incident of bioterrorism pursuant to Section 121.028 of the Health & Safety Code and Chapter 791. The terms and conditions under which the LHA’s powers are invoked are more fully described in Section IV herein. A copy of the Certificate of Appointment for each CITY is attached hereto as Exhibit “A”. B. The City of Garland will not designate the COUNTY’s Health Authority to serve as their Local Health Authority under Section III (A). However, in all other respects, the City of Garland agrees to and will act in accordance with this Agreement during conditions under which the powers of the LHA that has been designated by this Agreement are invoked. Further, the City of Garland agrees that its Health Authority will cooperate with and maintain communication with the LHA designated by this Agreement during conditions under which the powers of the LHA are invoked. A copy of the signature page for the City of Garland is attached hereto as Exhibit “B”. C. The City of Irving will not designate the COUNTY’s Health Authority to serve as their Local Health Authority under Section III (A). However, in all other respects, the City of Irving agrees to and will act in accordance with this Agreement during conditions under which the powers of the LHA that has been designated by this Agreement are invoked. Futher, the City of Irving agrees that its Health Authority will cooperate with and maintain Communication with the LHA designated by this Agreement during conditions under which the powers of the LHA are invoked. A copy of the signature page for the City of Irving is attached hereto as Exhibit “C”. D. The City of Richardson will not designate the COUNTY’s Health Authority to serve as their Local Health Authority under Section III (A). However, in all other respects, the City of Richardson agrees to and will act in accordance with this Agreement during conditions under which the powers of the LHA that has been designated by this Agreement are invoked. Further, the City of Richardson agrees that its Health Authority will cooperate with and maintain Communication with the LHA designated by this Agreement during conditions under which the powers of the LHA are invoked. A copy of the signature page for the City of Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 5 Richardson is attached hereto as Exhibit “D”. IV. DUTIES A.Upon request of the LHA, each entity which is a party hereto shall furnish mutual aid in coping with a local health emergency, and the forces necessary to provide such mutual aid to requesting entity or entities, during a state of local health emergency as declared by the LHA, subject to the conditions hereinafter stated. B.The provisions of this Agreement are activated whenever the LHA declares a local health emergency. The governing body of the COUNTY and each CITY, by signing this Agreement, authorizes the provision of assistance upon a declaration of a local health emergency. C.Any furnishing of facilities, and forces pursuant to this Agreement are subject to the following conditions: 1.Any request for aid hereunder shall specify the location(s) and include a stated number of personnel requested at said locations(s), and shall state the time period for which such facilities and personnel are requested. The CITY furnishing aid hereunder shall in its sole discretion, determine what equipment and personnel are available to furnish the requested aid. 2.The responding CITY shall designate one individual at each facility to serve as a single point of contact to the LHA and/or the LHA’s agent designated to operate that facility. 3.A responding CITY shall be released by the LHA when the services of the responding CITY are no longer required or when the individual in charge of the responding CITYs forces determines, in his or her sole discretion, that = further assistance should not be provided. D.Each entity which is a party hereto shall prepare and keep current an emergency management plan for its jurisdiction providing for disaster preparedness, response, recovery, and rehabilitation. The plan shall provide for curfews, blockades, and crowd control in an area affected by a “disaster” as defined by Chapter 418 of the Texas Government Code (the Texas Disaster Act). The plan shall provide rules governing entrance to and exit from the affected area, and other security measures deemed necessary. E.The LHA, will act as the coordinating agency for mutual aid responses under this Agreement. However, in the event of a wide spread local health emergency affecting more than one entity which is a party hereto, the City of Dallas has agreed to assist the LHA by allowing its Emergency Operations Center (“EOC”) to be used as the central command and contact center. The EOC agrees to provide all necessary communications requested by the LHA. Such communications shall include the call-up and assignment of personnel and equipment to the areas affected by the emergency. The EOC agrees that it shall maintain a current listing of all parties to this Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 6 Agreement. Such listing shall include personnel to be contacted in each member CITY, appropriate telephone and facsimile numbers, and other information which would be needed in order to contact each member in the case of a response. V. WAIVER Each party to this Agreement waives all claims against the other entities which are parties hereto, and further waives compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer or employee of another entity. Provided, however, that this waiver shall not apply in those cases in which the claim is specifically covered by the civil liability provisions of Section 791.006 of the Texas Government Code and any subsequent amendments. VI. REIMBURSEMENT OF EXPENSES A.Personnel who are assigned, designated or ordered by the governing body of a participating CITY or by the COUNTY to perform duties pursuant to this Agreement shall receive the same wages, salary, pension, and other compensation and rights for the performance of such duties, including injury or death benefits and workers’ compensation benefits, as though the service had been rendered within the limits of the entity where he or she is regularly employed. All wage and disability payments (except for any payments arising from Section 791.006 of the Government Code), pension payments, damage to equipment and clothing, medical expenses, and expenses of travel, food and lodging shall be paid by the entity in which the employee in question is regularly employed. B.Federal funds awarded within Dallas County related to a health emergency covered by this Agreement will be distributed as directed and/or required by the Federal Emergency Management Agency or other appropriate Federal agency and/or the State of Texas. VII. EQUIPMENT All equipment used by a responding CITY in carrying out this Agreement will be, during the time response services are being performed, owned, leased, or rented by it; and all personnel acting for the responding CITY under this Agreement will, during the time response services are required, be paid by the responding CITY. At all times while equipment and personnel of any responding CITY are traveling to, from, or within the geographical limits of another member CITY or within the unincorporated area of Dallas County in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used, as the case may be, in the full line and cause of duty of the responding CITY. Further, such personnel shall be deemed to be engaged in a governmental function of their CITY. VIII. SOVEREIGN IMMUNITY Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 7 The parties to this Agreement agree that each shall be responsible for their own negligent acts or omissions or other tortious conduct in the course of the performance of this Agreement, without waiving any sovereign or governmental immunity available to any party under Texas law and without waiving any available defenses under Texas 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. IX. LIABILITY In the event that an individual performing duties subject to this Agreement shall be cited as a defendant party to any state or federal civil lawsuits arising out of his or her official acts while performing duties pursuant to the terms of this Agreement, such individual shall be entitled to the same benefits that he or she would be entitled to receive had such civil action arisen out of an official act within the scope of his or her duties for the entity where regularly employed or volunteering and occurred within the jurisdiction of this entity where regularly employed or volunteering. The benefits described in this paragraph shall be supplied by the entity where the individual is regularly employed or volunteering. However, in situations where another political subdivision which is party to this Agreement may be liable, in whole or in part for the payment of damages, then that other political subdivision may intervene in such cause of action to protect its interests. X. LIMITATION ON LIABILITY OF PRIVATE PERSONS Pursuant to Section 81.007 of the Texas Health & Safety Code and any subsequent amendments, a private individual performing duties in compliance with orders or instructions of the LHA issued pursuant to a quarantine, is not liable for the death of or injury to a person or for damage to property except in a case of willful misconduct or gross negligence. XI. CRIMINAL PENALTY Pursuant to Chapter 81 and Chapter 508 of the Texas Health & Safety Code, a person commits an offense if the person knowingly fails or refuses to obey an order or instruction of the Texas Commissioner of Health or the LHA issued and published during an area quarantine. Such offense is a felony of the third degree. XII. ENTIRE AGREEMENT This Agreement contains all commitments and agreements of the parties hereto as to mutual aid to be rendered during or in connection with the declaration of a local health emergency. No other oral or written commitments of the parties shall have any force or effect if not contained herein. Notwithstanding the preceding sentence, it is understood and agreed that certain signatory entities may have heretofore contracted or may hereafter contract with each other for mutual aid in disaster situations, and it is hereby agreed that this Agreement shall not invalidate any such individual contract. Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 8 XIII. STATUTORY AUTHORITY The parties agree that this Agreement is entered into by and between the entities pursuant to the authority of Chapter 81, Chapter 121, and Chapter 508 of the Health & Safety Code, applicable provisions of Chapter 418 of the Government Code and Chapter 791 of the Government Code. The entities which are parties hereto agree that this Agreement is for the performance of governmental functions and services as described in Chapter 791. XIV. SEVERABILITY In case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. XV. APPROVAL This Agreement has been officially authorized by the governing body of each party hereto. Pursuant to Chapter 791 of the Government Code, each entity which performs services or furnishes equipment pursuant to the terms of this Agreement shall do so with funds available from current revenues of the entity. XVI. TERM The term of this Agreement shall commence on the date of the last signature approving this Agreement and shall remain in full force and effect for a 2 year term, pursuant to Section 121.023 of the Health & Safety Code, and will automatically renew for successive 2 year terms, unless a party cancels its participation in the Agreement by giving 60 days written notice to the other parties prior to the end of a current term. Notwithstanding the provisions hereof, any local government which is a party hereto may provide emergency assistance to another local government as provided in Section 791.027 of the Government Code. XVII. CANCELLATION NOTICE It is agreed by and between the parties hereto that any party hereto shall have the right to terminate its participation in this Agreement upon ninety (90) days written notice to the other parties. XVIII. NOTICE Any notice or certification provided for in this Agreement to be given by either party to the other shall be required to be in writing and shall be deemed given when personally delivered or within three (3) business days after being deposited in the United States Mail, postage prepaid, certified, return receipt requested or registered addressed as follows: To County: County Judge, Margaret Keliher Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 9 nd Administration Building – 2 Floor 411 Elm Street Dallas, TX 75202 To Cities: Town of Addison Mayor Joe Chow 5300 Beltline Road Dallas, TX 75254 City of Balch Springs Mayor Wayne Middleton 3117 Hickory Tree Road Balch Springs, TX 75180 City of Carrollton, Texas Mayor Becky Miller 1945 East Jackson Road Carrollton, TX 75006 City of Cedar Hill Mayor Robert Franke 502 Cedar Street Cedar Hill, TX 75104 City of Cockrell Hill Mayor Luis D. Carrera 4125 West Clarendon Cockrell Hill, TX 75211 City of Coppell Mayor Doug Stover 255 Parkway Blvd. Coppell, TX 75019 City of Dallas Mayor Laura Miller 1500 Marilla Street Dallas, TX 75201 City of DeSoto Mayor Michael Hurtt 211 East Pleasant Run Road DeSoto, TX 75115 City of Duncanville Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 10 Mayor David Green 203 East Wheatland Road Duncanville, TX 75138 City of Farmers Branch Mayor Bob Phelps 13000 William Dodson Parkway Farmers Branch, TX 75234 City of Garland Mayor Bob Day th 200 North 5 Street Garland, TX 75040 City of Glenn Heights Mayor 1938 South Hampton Road Glenn Heights, TX 75154 City of Grand Prairie Mayor Charles England 317 College Grand Prairie, TX 75050 Town of Highland Park Mayor William D. White, Jr., 4700 Drexel Drive Highland Park, TX 75205 City of Hutchins Mayor Artis Johnson 321 N. Main Hutchins, TX 75141 City of Irving Mayor Herbert A. Gears 825 West Irving Boulevard Irving, TX 75060 City of Lancaster Mayor Joe Tillotson 211 N. Henry Street Lancaster, TX 75146 City of Mesquite Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 11 Mayor Mike Anderson 1515 N. Galloway Avenue Mesquite, TX 75149 City of Richardson Mayor Gary Slagel 411 West Arapaho Road Richardson, TX 75080 City of Rowlett Mayor Shane Johnson 4000 Main Street Rowlett, TX 75088 City of Sachse Mayor Mike Felix 5109 Peach Tree Sachse, TX 75048 City of Seagoville Mayor George Williams 702 N. Highway 175 Seagoville, TX 75159 Town of Sunnyvale Mayor Jim Phaup 127 Collins Road Sunnyvale, TX 75182 City of University Park Mayor James H. Holmes III 3800 University Boulevard University Park, TX 75205 City of Wilmer Mayor Don Hudson 128 N. Dallas Avenue Wilmer, TX 75172 EXECUTED by the parties hereto, each respective entity acting by and through its duly Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 12 authorized official as required by law, on the date specified on the multiple counterpart executed by such entity. The County of Dallas, State of Texas, has executed this Agreement pursuant to Commissioners Court th Order Number 2006 1410 and passed on the 15 day of August 20 06 . COUNTY OF DALLAS: APPROVED AS TO FORM: ____________________________ ______________________________ BY: Margaret Keliher BY: Bob Schell County Judge Assistant District Attorney Chief, Civil Section RECOMMENDED: ____________________________ BY: Zachary Thompson Director Health & Human Services Department Dallas County Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 13 EXHIBIT “A” Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 14 SIGNATURE PAGE The City of , State of Texas, has executed this Agreement pursuant to City Council Order Number ______________ and passed on the ________ day of ___________________ 20___. CITY OF UNIVERSITY PARK: _______________________________ BY: Mayor James H. Holmes, III City Manager Dallas County’s Bioterrorism MOU With Cities Located In Dallas County – Page 15 AGENDA MEMO (09/26/06 AGENDA) DATE: September 17, 2006 TO: Honorable Mayor and Members of the City Council FROM: Bob Livingston, City Manager SUBJECT: DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST BY THE CITY MANAGER Recently my son, Chris Livingston, who is an attorney, was employed by the firm of Lyon, Gorsky, Haring & Gilbert, L.L.P. In the past, this firm has represented employees, generally University Park police officers, in disciplinary actions that were appealed to the City Manager. The possibility exists that this might occur in the future, and I believe that hearing an appeal from an employee who is represented by a member of the firm creates a conflict of interest. I am therefore taking the following steps to eliminate the conflict: 1.Disclosing the potential conflict publicly to the City Council by placing it in the public record on this City Council Agenda. 2.Directing the Human Resources Director, Luanne Hanford, to amend the City’s Administrative Order regarding appeal of disciplinary action. The change will allow the City Manager, if a conflict exists, to ask the Municipal Court Judge to appoint one of the alternate judges to hear the appeal instead of the City Manager. The decision of the appointee, like the City Manager, would be final. 3.I have spoken with Judge Barklow regarding this matter, and he has agreed to this procedure. If a conflict does occur, he will ask Alternate Judge Kerr to hear the appeal. I will be happy to take any other steps you feel necessary to handle this situation. RECOMMENDATION: Approval of this item as part of the Consent Agenda will authorize the changes as outlined above and provide the proper disclosure. ATTACHMENTS None Copies: Human Resources Director Luann Hanford Municipal Court Judge Jim Barklow Alternate Municipal Court Judge James Kerr C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\CONFLICTDISCLOSURE0902406.doc9/20/2006 11:40:27 AM AGENDA MEMO (09/26/06 AGENDA) DATE: September 17, 2006 TO: Honorable Mayor and Members of the City Council FROM: Bob Livingston SUBJECT: RESOLUTION SUPPORTING THE JOINT RECOMMENDATION FOR REGIONAL RAIL AS APPROVED BY DART, DCTA & THE “T” TO CREATE A FUNDING METHOD FOR AN AREA RAIL SYSTEM University Park was one of the original members of DART and has provided over $20 million to support its operation through a contribution of a 1% local sales tax. Recently, considerable discussion has developed on a method to create an area wide rail system. A major obstacle has been the fact that many area cities have not joined DART or another transit agency because they have already committed their additional 1% sales tax to other uses such as economic development, public safety or parks. This Resolution supports allowing cities the alternative of passing an additional 1% sales tax for the purpose of funding transit needs. RECOMMENDATION: Automobile pollution is a major contributor to poor area quality in the metropolitan area. The provision of mass transit is an essential alternative to reducing that pollution and improving area air quality. It is recommended the City Council approve the Resolution and authorize staff to forward it to DART as requested. ATTACHMENTS Resolution Recommendation form DART, DCTA, and the T. Email from Gary C. Thomas, DART President/Executive Director. Page 1 of 1 Bob Livingston To: Gary Thomas [gthomas@dart.org] Friday, September 01, 2006 3:42 PM rwhitehead@cLaddison.tx.us; bdollar@ci.garland.tx.us; tgonzalez@cLirving.tx.us; cowens@cLrowlett.tx.us; Imartin@cityofcarrollton.com; citysecretary@cockrell-hill.tx.us; Bill Kettler; linda.groomer@farmersbranch.info; citymanager@glennheights.com; gpatterson@hptx.org; msuhm@mycingular.blackberry.net; tomm@plano.gov; Bob Livingston Subject: Regional Transit Resolution Importance: High From: Sent: Many of you have been following the progress of the Regional Transit Review Committee. We appreciate your interest in this vital issue. The purpose of this e-mail is to forward to you a copy of the "Joint Recommendation for Regional Rail in North Central Texas" as agreed to by DART, The T and DCTA. We have also included a sample resolution for your Councils to consider in support of this recommendation. You will want to note in particular the language in the resolution that states that exempting the transit sales tax from the local cap will also allow current transit member cities to have capacity available for 4A/4B or other purposes such as crime control districts, economic development, etc. This allows for leveling the playing field for current member cities as part of the recommendation to the Legislature regarding solutions to advance regional transit. Upon approval of the resolution, we would rike to request a signed copy of said document. If at all possible, we would like to receive a response by Friday, Sept. 15th, which will be just prior to the next meeting of the Regional Transit Review Committee working group in Irving on Monday, Sept. 18, from 2 to 4 p.m. at the Irving Arts Center, 3333 North MacArthur Blvd. Either an electronic or hard copy version will work. Please e-mail Fred Pratt at fj:)rCll:t@dClrt.Qrg , or mail it to the following address: Fred Pratt - Govt. Relations Dallas Area Rapid Transit (DART) P. O. Box 660163 Dallas, Texas 75266-7205 Thank you for the leadership your cities have demonstrated to improve transit over the past 23 years as members of DART. If you have any questions about this request, please call me at (214) 749-2544. We look forward to the Council's response. Gary C. Thomas President/Executive Director DART 9/17/2006 DART DCTA ..... ....... t~~... ~{ JOINT RECOMMENDATION FOR REGIONAL RAIL IN NORTH CENTRAL TEXAS The three existing transit authorities support expanding meaningful public transit in North Texas through our existing organizations. Such transit authorities support the Statement of Principles for the Implementation of a Regional Rail System in North Central Texas agreed to in August 2004 by regional leadership under the following conditions: . New regional rail projects will require new sources of funding. The State authorized Sales and Use Tax has been the primary means of funding public transit service within the region, and the magnitude of the required funding will most likely dictate that sales tax should be the source of funds for new regional rail projects. However, most cities in the region do not have the ability to fund public transit services because sales and use tax capacity has been committed to other uses. . The three existing transit authorities support local option funding of public transit in the region by exempting an amount equal to the locally authorized transit sales tax from the 2% cap in the following counties: o Tarrant o Parker o Johnson o Denton o Wise o Dallas o Collin o Rockwall o Ellis . This action would provide an equitable means of allowing "non-transit" jurisdictions to determine as a local option whether or not they would choose to fund public transit, while allowing jurisdictions that currently support public transit to determine whether they would choose to allocate sales tax capacity for non-transit uses (up to the existing cap). . We support a determination of citizens' support of a regional rail system outside the existing transit authorities' territory or service area, and inside The T's service area. . Formation of a 4th transit entity is not recommended. DCT A, c1rairman VauXJvI~ .J) The T, Chair of the Board Te;J;~. e , rest en xecutlve trector SAMPLE RESOLUTION FOR DART MEMBER CITIES TO SUPPORT THE JOINT RECOMMENDATION FOR REGIONAL RAIL AS APPROVED BY THE BOARDS OF DART, DCTA & THE T RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS ENDORSING THE “ JOINT RECOMMENDATION FOR REGIONAL RAIL IN NORTH CENTRAL ” AS APPROVED BY THE BOARDS OF DALLAS AREA RAPID TRANSIT (DART), TEXAS DENTON COUNTY TRANSPORTATION AUTHORITY (DCTA) AND THE FORT WORTH TRANSPORTATION AUTHORITY (THE T) THAT SUPPORTS THE CONCEPT OF LOCAL OPTION FUNDING OF PUBLIC TRANSIT IN THE REGION BY EXEMPTING AN AMOUNT EQUAL TO THE LOCALLY AUTHORIZED TRANSIT SALES TAX FROM THE 2% LOCAL SALES TAX CAP. WHEREAS , the City of University Park is firmly committed to supporting regional efforts toward addressing the mobility and air quality needs of its citizens and for future generations; and, WHEREAS , the City of University Park believes that the best approach to achieving the goal of providing additional funding capacity to expand rapid transit in the region is by exempting an amount equal to the locally authorized metropolitan transit sales tax from the 2% sales tax cap; and, WHEREAS, exempting the transit sales tax will also allow current transit member cities to have capacity available for 4A/4B or other purposes such as crime control districts; and, WHEREAS , among the existing transit authorities in the region – DART, The T and DCTA – there exists expertise and evidence of cooperation on current and future rail projects that demonstrates their ability to successfully expand rail transit in the region; and, WHEREAS , the citizens of the City of University Park want to ensure that the quality of life remains high in the region and our economy strong and competitive, and transit has an important role in achieving this goal as the population continues to grow toward eight million in the very near future; and NOW, THEREFORE, BE IT RESOLVED that on September 26, 2006, the City of University Parkhereby agrees and supports the “Joint Recommendation for Regional Rail in North Central Texas” as put forth by DART, DCTA and The T on the regional transit th issue in Exhibit 1 and strongly urges the 80 Texas Legislature to pass legislation exempting an amount equal to the locally authorized transit sales tax from the 2% local sales tax cap in the 9 counties of North Texas that are designated by the Environmental Protection Agency as “non-attainment” for federal air quality standards. APPROVED: ______________________________ James H. Holmes, III, Mayor ATTEST: _______________________ Nina Wilson, City Secretary MINUTES #2618 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, SEPTEMBER 5, 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 DEPARTMENT PINS: City Manager Bob Livingston presented Gardener II Jorge Martinez, Park Department, with a 30-year pin and Accounting Manager Judy Martin, Finance Department, with a 15-year pin for a total of 45 years of service to the city. Councilmember Walker moved approval of the Consent Agenda. Councilmember Grable seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER APPROVAL OF ANNUAL CONTRACT FOR UTILITY PARTS, BID #06-04: The contract was approved for bids from Municipal Waterworks, Metro Valve, National Waterworks, Techline and Ferguson for a total amount of $182,812.19. CONSIDER FOOD ESTABLISHMENT INSPECTION AND ENVIRONMENTAL HEALTH SERVICES AGREEMENT FY2007: The agreement is for October 1, 2006-September 30, 2007 for inspections and environmental health services between the Dallas County Department of Health and Human Services and the city. CONSIDER HEALTH SERVICES AGREEMENT WITH DALLAS COUNTY HEALTH DEPARTMENT FY2007: The city will pay $48.00 for the fiscal year October 1, 2006- September 30, 2007 for health services including tuberculosis control, sexually-transmitted disease control, communicable disease control, and laboratory services. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For August 22, 2006. MAIN AGENDA UPDATE ON TXU TRANSMISSION LINE PROJECT: On Wednesday, August 30, 2006, members of the Transmission Line Steering Committee met with representatives from TXU Electric Delivery to discuss 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. TXU recently made a request to revamp the line using a larger diameter conductor. The request will require an addendum to the recently completed, independent, feasibility study conducted by Sega, Inc. TXU will pay $5,000 for additional information by Sega, Inc. Ms. Kitsy Haiman, 4232 Amherst, spoke before the council giving her interpretation on the facts of the issue. DISCUSS RESIDENTIAL SPEED LIMIT: Traffic Engineer Dannie Cummings reviewed statistics which showed the average speed on most residential streets is 27 mph; however, staff th had identified seven locations 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 those locations, together with some targeted police enforcement, may have some impact. Over several months, staff conducted the following process in response to his recommendations: another speed study in each location; the week following each speed study, 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 suggested a pilot study be conducted to determine if changing the speed limit to 25 mph would change the speed that residents drive, and he also suggested a six-month temporary change to 25 mph be made for the target area bounded by Lovers Lane, Southwestern, Hillcrest and Boedeker. Speed studies will 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 will be conducted and Mr. Cummings will tabulate the results and provide a report which will include a recommendation in regard to making a permanent change in the speed limit for all residential streets. Mayor Pro Tempore Shawver moved that the staff be authorized to proceed with the study returning to the council with the conclusions and an ordinance for review relative to the 25 mph speed limit. Councilmember Walker seconded, and the vote was unanimous to approve the study. CONSIDER REQUEST TO BUILD SECONDARY STRUCTURE ON LOT ADJACENT TO PRIMARY PROPERTY: Chris and Susan Cooper purchased a vacant, single-family lot located at 3844 Bryn Mawr adjacent to their current residence, 3848 Bryn Mawr. The Coopers contacted the city regarding the installation of a fence and playset on the vacant lot and were informed that it would be necessary to amend the plat to combine the two single-family lots into one building site. In this way, their existing home would serve as the main or primary building on the lot and the other accessory structures would then be allowed in accordance with the zoning ordinance. The Coopers are reluctant to combine the lots because they want to preserve their right to sell the other lot in the future, if they so desire, and are concerned that the zoning ordinance may change in the future to prohibit the division of the combined lots. They requested a written guarantee that the zoning ordinance will not change affecting the lot dimensions. Even though it is very unlikely that the lot dimensions in the current ordinance will change, the city cannot provide such a written guarantee. Mayor Holmes moved that the request be sent to the Zoning Ordinance Advisory Committee (ZOAC) for review and recommendation. Councilmember Carter seconded, and the vote was unanimous to obtain a recommendation from ZOAC. CONSIDER PROPOSAL FOR CONSTRUCTION MANAGEMENT OF GOAR PARK/PEEK CENTER DISPATCH IMPROVEMENTS: Gallagher Construction Services has worked closely with city staff, the oversight committee, council, and project consultants to develop the city hall project in an extremely cost effective and efficient manner. Mr. Gallagher submitted 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) at the Peek Service Center. The EOC will be used to temporarily house the police department during the renovation of the existing city hall. The proposed fees for the two projects will be based on a percentage of the total construction costs. Contracts for each project would amount to: 6.8% for Goar Park, based upon a very preliminary estimate and assuming a construction cost of $700,000 to $1,000,000 with fees of approximately $47,600-$68,000, and 7.25% for Peek Center improvements based on a preliminary estimate of $1,000,000, resulting in a fee of $72.500. Councilmember Carter moved approval of the proposal. Councilmember Walker seconded, and the vote was unanimous to approve the proposal of Gallagher Construction Services for construction management services on miscellaneous projects. CONSIDER RESOLUTION RENEWING CITY INVESTMENT POLICY: There were no changes from the existing policy. The resolution adopts the investment policy and names the Finance Director, City Manager and Controller as investment officers. Mayor Pro Tempore Shawver moved approval of the resolution. Councilmember Grable seconded, and the vote was unanimous to approve the resolution renewing the City Investment Policy. RESOLUTION NO. 06-16 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. CONSIDER APPROVAL OF AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. nd FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM: At the August 22 meeting, the city council had some concerns regarding the agreement between the City of University Park and Redflex Traffic Systems, Inc. for the Photo Red Light Enforcement Program. The agreement is for a term of 36 months, not 60 months, as listed in the earlier version of the contract. In the earlier version of the contract also, the only way to terminate the contract was for cause. Language was added to the contract to allow the city to terminate for convenience. The council expressed concern that the city was required to indemnify Redflex against the willful misconduct of a city employee. Liability claims arising from willful misconduct are not covered by the city’s insurance. Redflex agreed to change the contract language in Section 8.2, Indemnification by Customer, to read “negligence of the Customer.” Liability claims arising from employee negligence would be covered. Mayor Pro Tempore Shawver moved approval of the agreement. Councilmember Carter seconded, and the vote was unanimous to approve the agreement with Redflex Traffic Systems, Inc. for a Photo Red Light Enforcement Program. CONSIDER CHANGING DATE OF CITY COUNCIL MEETING FROM OCTOBER 17 TO OCTOBER 24: Since two councilmembers will be absent on October 17, the city council meeting for that date will be moved to October 24. Mayor Holmes moved approval of the change of date. Councilmember Walker seconded, and the vote was unanimous to meet on October 24, 2006. ITEMS FROM THE FLOOR Mr. Norman Radford, 4108 Purdue, addressed cars parking in the wrong direction on the wrong side of the street. He stated that it was a safety issue and requested the police department enforce the state statute regarding it. There being no further business, Mayor Holmes adjourned the meeting. PASSED AND APPROVED this 26th day of September 2006. James H. Holmes, III, Mayor ATTEST: _________________________ Nina Wilson, City Secretary MINUTES #2619 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS THURSDAY, SEPTEMBER 7, 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, and City Secretary Nina Wilson. City Attorney Rob Dillard was absent and excused. MAIN AGENDA PUBLIC HEARING ON PROPOSED FY2007 BUDGET AND PROPOSED PROPERTY TAX RATE: On August 22, council directed staff to make modifications to the budget. The proposed FY07 rate, which includes the HPISD requests, is $0.29272, a 5.45% reduction from last year’s adopted rate of $0.30958. The average single-family home in University Park would pay $129 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 3.1%. Texas statutes require that cities provide notice and hold public hearings before adopting an annual budget and property tax rate. Mayor Holmes opened the public hearing. Since there was no discussion, Mayor Holmes closed the public hearing. There being no further business, Mayor Holmes adjourned the meeting. PASSED AND APPROVED this 26th day of September 2006. James H. Holmes, III, Mayor ATTEST: Nina Wilson, City Secretary MINUTES #2620 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS THURSDAY, SEPTEMBER 14, 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. Boy Scout Michael Manigold introduced himself and stated he was working on his Communications Merit Badge. MAIN AGENDA PUBLIC HEARING ON PROPOSED FY2007 BUDGET AND PROPOSED PROPERTY TAX RATE: On August 22, council directed staff to make modifications to the budget. The proposed FY07 rate, which includes the HPISD requests, is $0.29272, a 5.45% reduction from last year’s adopted rate of $0.30958. The average single-family home in University Park would pay $129 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 3.1%. Texas statutes require that cities provide notice and hold public hearings before adopting an annual budget and property tax rate. Mayor Holmes opened the public hearing. Since there was no discussion, Mayor Holmes closed the public hearing. Mayor Holmes then moved that a motion to adopt the new tax rate be placed on the September 26, 2006 agenda. Councilmember Grable seconded, and the vote was unanimous to adopt the new tax rate at the September 26 city council meeting. There being no further business, Mayor Holmes adjourned the meeting into an Executive Session to seek confidential legal advice from the City Attorney under Section 551.071 of the Government Code. PASSED AND APPROVED this 26th day of September 2006. James H. Holmes, III, Mayor ATTEST: Nina Wilson, City Secretary MINUTES #2621 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS MCCULLOCH INTERMEDIATE SCHOOL/HIGHLAND PARK MIDDLE SCHOOL AUDITORIUM TUESDAY, SEPTEMBER 19, 2006, 7:00 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. MAIN AGENDA CONSIDER AWARD OF CONTRACT FOR IN-PLACE RECYCLING OF ASPHALT PAVEMENTS AT VARIOUS LOCATIONS, PROJECT NO. 42694: The contract is for labor and materials and will include the reconstruction of existing asphalt streets using in-place recycling of the asphalt. Councilmember Grable moved approval of the contract. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to approve the contract for in-place recycling of asphalt pavements at various locations. PUBLIC HEARING AND CONSIDERATION OF A REQUEST BY WINSTEAD, SECHREST & MINICK, REPRESENTING LEGACY HILLCREST INVESTMENTS, LP, FOR A CHANGE OF ZONING FROM MULTI-FAMILY (MF-2), PARKING (P) AND OFFICE (O) ZONING DISTRICT CLASSIFICATION TO PLANNED DEVELOPMENT DISTRICT AND APPROVAL OF A PLANNED DEVELOPMENT (PD) CONCEPT PLAN: In 2001, the Planning & Zoning Commission (P&Z) denied a request by Legacy Hillcrest Investments for 270,500 square feet of mixed uses on a tract owned by them and situated between Daniel and Haynie and west of Hillcrest. Another request for 290,000 square feet was considered on March 6, 2006. P&Z requested the applicants to consider amending that concept plan in view of the strong comments made by residents opposed to the proposed development. The request was amended to 260,000 square feet, and P&Z denied that request on April 17, 2006. The applicants then submitted a request for approval of an amended concept plan for 217,500 square feet, which was considered by P&Z on July 17, 2006. At it’s regular meeting on July 17, 2006, P&Z voted 3–2 to recommend approval ofaPD Concept Plan with a total of 135,000 square feet gross floor area, excluding the eight (8) units of townhomes, subject to the following conditions: (1) height of the proposed building on the O-2 site shall be limited to the height of the existing building; (2) maximum of 25,000 square feet for restaurant/retail space; (3) building height west of the common area shall not exceed 35 feet; (4) 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 (5) 19 staff conditions. Mayor Holmes opened the public hearing. Community Development Manager Harry Persaud made a PowerPoint presentation showing the area in question. Preston Phillips speaking for Legacy Hillcrest then made a presentation, showing first a video, then going over the conceptual drawings of the project, and making a traffic presentation to show the impact the project will have on the community. A question and answer period followed. Mayor Holmes then invited those in favor of the project to speak: Former Mayor Barbara Hitzelberger, 3921 Caruth Boulevard; Gretchen Henry, 3219 Hanover; Bobby Payne, 3500 Drexel, Highland Park, Texas and a former tenant of Snider plaza, and Jack Gosnell, 3530 Haynie. Mayor Holmes then invited those opposed to the project to speak: Wayne Johnson, 3601 Haynie; Beth Blankenship, 3333 Rankin; Elizabeth Crow, a Traffic Engineer with DeShazo, Tang & Associates; Dian & Don Malouf, 3445 Westminster; Rick Tubb, 7439 Marquette; Elizabeth McManus, 3605 Rosedale; Roger Fullington, 3801 McFarlin, who also spoke for Rufus “Buddy” Porter, building owners in Snider Plaza; Tommy Attaway, 3434 Daniel; Matt Dixon, 3448 Rosedale; representative for Bonnie Wheeler, 3425 University; Karre Guess, 3521 Haynie; Jim Tubb, 3407 Haynie; Anita Bailor, 3314 Rosedale and Larry Newman, 3529 Haynie. After those in opposition had spoken, Preston Phillips answered the questions of the opposition. Mayor Holmes then closed the public hearing. He thanked the residents for their interest and attendance and announced that the council would study the issue and would also request an additional traffic study. There being no further business, Mayor Holmes adjourned the meeting. PASSED AND APPROVED this 26th day of September 2006. James H. Holmes, III, Mayor ATTEST: Nina Wilson, City Secretary AGENDA MEMO (09/26/2006 AGENDA) DATE: September 11, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police th SUBJECT: 10 Annual Angel Run Background/Analysis: Saint Michael and All Angels Church located at 8011 Douglas has requested permission to use city streets for the purpose of holding a 1-mile Fun Run and a 5K race to be held on Saturday, October 28, 2006. The purpose of the run is to raise funds for charitable organizations such as Jubilee Community Center, Bea’s Kids, St. Simons After School Program and the Suicide and Crisis Center of Dallas. The run will begin at 8:00 a.m. and end at approximately 11:00 a.m. There will be an estimated 500 runners. Saint Michael’s will hire four off-duty University Park Police Officers to direct traffic throughout the route. Recommendation: Staff recommends approval of this event. Attachments: Letter from Beth Hise, Angel Run Chair Map of the proposed Fun Run 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Angel Run.doc 9:16 AM 09/14/06 Youth of Saint Michael and All Angels Episcopal Church Chief Gary W. Adams University Park Police Department 3&00 University Or. University Park, TX 75205 June 2, 2006 Oear Chief Adams, My namc is Bcth Hisc and I am chairing the loth Annual Angel Run schcdulcd for October 28, 2006. The I-milc Fun Run/5 K race will be held at 8:00 a.m. at Saint Michael and All Angels Church at 8011 Colgatc. The course is a USATF sanctioned and certified event which traverses the northern and eastern parts of University Park. Officer Lita Snellgrove W'dS wonderfully helpful in her advice for last year's race; she informed me that I would need to contact you and the University Park City Council to request permission and to notify you of the event. Plcase accept this lettcr as our request to continue our tradition of a fun family and neighborhood event. The Angel Run has attracted over 5000 race participants since its inception in 1997. Our beneficiaries ~ave included many outstanding community organizations, including the Jubilee Commuriity Center, Bea's Kids; SL Simons After School-Program and.the Suicide and Crisis Ccntcr of Dallas. The Angel Run has also supported the mission efforts of our high school studcnts as they partnered with Habitat International, building homes and apartments in Poland. Chile, Hungary, Bolivia, Romania and Paraguay. We hope that this year will be a landmark celebration for us. Ilowcver, we do not anticipaie more than 500 mnpers. October is a popular month for races; the Angel Run is one of several options for that morning! Because the Angel Run is located in University Park., we would like to request the assistance of lOUT off-duty police personnel for the morning of October 28,2006. Would you kindly direct me to the procedure for contacting their assistance? If you have any questions or concerns, please contact me at your earliest convenience. We will be launching our underwriting campaign at the end of June with the mailing of 2000 letters to our parish family and community supporters.We offer you our thanks and appreciation for your help in hosting a favorite tradition at Saint Michael and All Angels Church. Yours truly, ~~ Beth Hise Angel Run Chair Post Office Box 12385 · Dallas, Texas 75225 · 214-369-4904 .. _...--..:.. - -.- __no _J AGENDA MEMO (09/26/2006 AGENDA) DATE: September 26, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consider a request to amend the Comprehensive Zoning Ordinance to provide for a special exception in the Single Family “SF-2” zoning district to allow for an 8 feet wrought iron fence in the required front yard. Background/Analysis: Gilbert J. and Patricia Besing, property owners at 6023 St. Andrews installed an 8 feet wrought iron fence in the required front yard of their home in violation of City Codes. Staff informed the Besings about the violation and requested that they bring their property into compliance with City codes. The subject tract is approx. 0.33 of an acre and it is located in the Single Family “SF-2” zoning district. The Besings applied to the BOA for consideration of a th variance. The BOA considered the item at its August 28 meeting and denied the request. The Besings represented by George Dunlap of Jenkens & Gilchrist is now requesting an amendment of the zoning ordinance to provide for a special exception which will allow the fence to remain. (See attached letter of request) In 1999, City Council amended the Zoning Ordinance to provide a special exception for a fence with in the required front yards in the Single family “SF-1” zoning district. The comprehensive zoning Ordinance under Section 21-100 (4) (b) iii allows for Decorative metal banisters and hand rails that have three inches (3”) clear vision between vertical posts, provided such vertical posts are a maximum of one inch (1”) in width and do not exceed forty- eight inches (48”) in height. Section 28-105 (3) provides for the following fences and walls in the required front yard: “ Fences or walls shall not be constructed in the front yard, past the front wall of the main structure, except in the following circumstances: (a) Decorative metal fencing and masonry walls not exceeding five feet (5’) in height, architecturally attached to the main building and extending not more than six feet (6’) into the front yard; 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Special Exception 6023 St Andrews.doc 1:47 PM 09/20/06 (b) Any edging for flower or landscaping beds that does not exceed twelve inches (12”) in height; (c ) Retaining walls not exceeding two feet (2’) in height above the average natural grade of the front yard; (d) Masonry walls not exceeding two feet (2’) in height; or (e) Where specifically authorized by another section of the Comprehensive Zoning Ordinance.” Recommendation: If Council would like to amend the zoning ordinance to allow for an exception as requested, this item may be forwarded to ZOAC for further review and recommendation. Attachments: 1. Request for amendment to the zoning ordinance. 2. Items submitted with BOA application 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Special Exception 6023 St Andrews.doc 1:47 PM 09/20/06 other houses on st. Andrews ... p , \ other houses on st. Andrews ~ f View of Dallas Country Club across st. Andrews from Besing residence -~..,. ]; p. '. . View of Besing hedge (with fence behind) from st. Andrews ,~ p Additional views of Besing residence from st. Andrews ,r p .' / AGENDA MEMO (09-26-06 AGENDA) DATE: September 21, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider agreement with SMU regarding the possible sale of certain City-owned property. Background. Southern Methodist University recently requested that the City consider the sale of Potomac Park, which is immediately adjacent to the Park Cities Plaza shopping center. The attached agreement details the issues and requirements associated with the sale of park land. The contract further provides that SMU provide funding for the up front costs of appraisals and for conducting a public referendum. Discussion. Staff recommends that City Council authorize the City Manager to execute the agreement with SMU. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM SMU Purchase of Potomac Park 09 26 06.doc 2:36 PM 09/21/06 AGREEMENT WHEREAS, Southern Methodist University (hereinafter sometimes referred to as "University") has requested that the City of University Park, Texas (hereinafter sometimes referred to as "City") consider sale of Potomac Park, a tract of land used as a public park on Potomac Street between Airline and Dublin in the City; and WHEREAS, Chapter 253 of the Texas Local Government Code provides that land owned as a public park by the City may not be sold unless the issue of the sale is submitted to the qualified voters of the municipality at an election and is approved by a majority ofthe votes received at the election; and WHEREAS, the City has advised the University that it will consider calling such an election if the University will pay all costs incurred in connection therewith, including obtaining an appraisal of the value of the park property and all notice, public hearing and election expenses; NOW, THEREFORE, for and in consideration of the premises and mutual promises, covenants, and agreements set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged by each party, the parties hereto agree as follows: 1. City agrees that an election will be called for May, 2007 to submit a proposition to the qualified voters of the City on the issue of the sale of Potomac Park. 2. University agrees that it will pay all expenses incurred in connection with the public hearing and election process, and for an appraisal of the market value of Potomac Park if the proposition is approved by a majority of the votes received at the election. In connection with such obligation, the University agrees that it will, at the time the City Council calls such election, deposit the sum of Ten Thousand Dollars ($10,000.00) with the City, against which all such expenses will be charged. Should there be any expenses incurred by the City in excess of such initial deposit, the University agrees that it will promptly tender such excess amount to the City upon notice thereof. Should the amount of all such expenses be less than Ten Thousand Dollars ($10,000.00), any remaining balance of the initial deposit will be returned by the City to the University. 3. The parties understand and agree that, in the event the voters approve the sale of the park at the election, the City will be required to comply with the provisions of Chapter 272 of the Texas Local Government Code to sell and convey the property. 69517 69517 4. The parties hereto each represents that it has been authorized by its governing body to execute this agreement and that the below named representative is authorized to sign the same on behalf of such party. 5. This agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous or written agreement with regard thereto. This agreement cannot by changed except by written agreement of the parties. 6. Should any provision of this agreement be held or determined to be illegal, invalid, or unconstitutional, such holdings shall not affect the remaining portions of this agreement, which are declared to be severable. IN WITNESS WHEREOF, the authorized representatives of the parties hereto have signed this Agreement on the dates set forth below. SOUTHERN METHODIST UNIVERSITY CITY OF UNIVERSITY PARK, TEXAS By: By: Date: Date: AGENDA MEMO (09/26/2006 AGENDA) DATE: September 26, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Interlocal Agreement for School Resource Officer Background/Analysis: The City of University Park, through its Police Department, wishes to enter into an interlocal agreement with the Highland Park Independent School District for the placement of a School Resource Officer (SRO) on the campus of Highland Park High School. The SRO’s presence on campus is for the increased safety and well-being of the students, staff and faculty. The SRO program will also work to establish a good rapport between the police and students, parents, staff, faculty, administration and other adults. Finally, the program will focus on student well-being and safety, primarily through anti-drug and alcohol abuse education programs. Recommendation: Staff recommends that the City enter into an approved interlocal agreement with the Highland Park Independent School District for the placement of a School Resource Officer (University Park Police Department Sworn Officer) at the campus of Highland Park High School. Attachments: ? Interlocal Agreement 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\SRO agenda memo.doc 10:56 AM 09/21/06 INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT is made and entered into on this day of _____________________, 2006, by and between the CITY OF UNIVERSITY PARK (hereinafter referred to as "CITY"), acting by and through its City Council and Chief of Police, and the HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT (hereinafter referred to as "HPISD"), acting by and through its Board of Trustees and Superintendent of Schools. WITNESSETH: WHEREAS, the Texas Legislature has authorized the use of interlocal cooperative Agreements between and among governmental entities; and WHEREAS , this Interlocal Agreement ("Agreement") is made under the authority granted by and pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, and as otherwise provided herein, to provide for furnishing of a School Resource Officer (SRO) and a Drug Abuse Resistance Education (DARE) officer by CITY to HPISD; NOW, THEREFORE, For and in consideration of the premises and in compliance with and pursuant to the provisions, terms, and conditions of applicable law, the CITY and HPISD do hereby contract and agree with each other as hereinafter set forth below, to wit: I.Purpose This AGREEMENT establishes and delineates the mission of the SRO Program in the Highland Park High School and the DARE Program in the Highland Park Middle School, as a joint cooperative effort. Additionally, the AGREEMENT formalizes relationships between the participating entities in order to foster an efficient and cohesive program that will build a positive relationship between police officers and the youth of our community in addition to reducing drug and alcohol abuse by juveniles and young adults. ________________________ Interlocal Agreement – Page 1 69431 II.Mission of the SRO Program The mission of the SRO Program is the safety and well-being of children attending the High School, primarily through anti-drug and alcohol abuse education and the reduction and prevention of alcohol and drug-related incidents. This is accomplished by assigning a police officer to the High School on a permanent basis. The SRO Program will accomplish this mission by creating and maintaining safe, secure and orderly learning environments for students, teachers and staff. The SRO will establish a trusting channel of communication with students, parents, and teachers. The SRO will serve as a positive role model to instill in students good moral standards, good judgment and discretion, respect for other students, and a sincere concern for the school community. The SRO will promote citizen awareness of the law to enable students to become better informed and effective citizens, while empowering students with the knowledge of law enforcement efforts and obligations regarding enforcement as well as consequences for violations of the law. The SRO will serve as a confidential source of counseling for students and parents concerning problems they face as well as providing information on community resources available to them. Goals and objectives are designed to develop and enhance rapport between youth, police officers, and school administrators. Goals of the SRO Program are: 1) Safety and well-being of students and staff; 2) Anti-drug and alcohol abuse education; 3) Establish rapport with the students; 4) Establish rapport with parents, faculty, staff, administrators, and other adults; 5) Create, start, and expand programs with vision and creativity to increase student participation, which will benefit the students, school district, police department, and the community; and 6) Provide safety for students, faculty, staff, and all persons involved with the school district. IIIMission of the DARE Program . The mission of DARE is to prevent substance abuse among school children and help them develop effective resistance techniques. The core curriculum targets children to help prepare them to avoid substance abuse as they enter adolescence. Goals of the DARE Program are to provide lessons which focus on: 1) Acquiring the knowledge and skills to recognize and resist peer pressure to experiment with tobacco, alcohol, and other drugs; 2) Enhance self-esteem; 3) Learning assertiveness techniques; 4) Learning about positive alternatives to substance abuse; 5) Learning anger management and conflict resolution skills; 6) Developing risk assessment and decision making skills; and 7) Building interpersonal and communication skills. ________________________ Interlocal Agreement – Page 2 69431 IV.Organizational Structure of the SRO and DARE Programs A.Composition Both programs will utilize a full time University Park Police Department Officer who has been certified as a Peace Officer for the State of Texas and meets all requirements as set forth by City of University Park Police Department Rules and Regulations. The DARE officer must be a certified DARE instructor. B.Supervision The day-to-day operation and administrative control of the programs will be the responsibility of the City of University Park Police Department. Responsibility for the conduct of the SRO and DARE Officer, both personally and professionally, shall remain with the City of University Park Police Department. The City of University Park Police Department will assign supervisory personnel to oversee the programs. V.Procedures A. Concepts The SRO Program shall utilize the SRO Triad concept as set forth by NASRO (National Association of School Resource Officers, which is attached hereto and incorporated herein by reference). The SRO Triad concept generally means that the officer assigned to the program is a Law Enforcement Officer, Counselor, and Teacher. The SRO is first and foremost a Law Enforcement Officer for the City of University Park Police Department. The SRO shall be responsible for carrying out all duties and responsibilities as a police officer and shall remain at all times under the control, through the chain of command, of the University Park Police Department. All acts of commission or omission shall conform to the guidelines of the University Park Police Department Directive Manual. The SRO must realize he or she is an enforcement officer in regards to criminal matters only. The SRO can not enforce any "school or house rule." The SRO is not a school disciplinarian and should not assume this role. The SRO reports directly to the SRO Supervisor in connection with teaching assignments and normal law enforcement duties. The SRO will not involve himself or herself in administrative matters of the HPISD, which are not criminal offenses. The SRO is not a formal counselor, and will not act as such, however, he or she may be used as a resource to assist students, facu1ty, staff, and all persons involved with the school district. The SRO is to be used as a teacher. The SRO can teach a variety of subjects to students and staff, ranging from alcohol and drug education to formalized academy classes. The SRO may use teaching to build rapport between the students and the staff. The DARE Program shall utilize the Drug Abuse Resistance Education (D.A.R.E.) concept, a validated, copyrighted, comprehensive drug and violence prevention education ________________________ Interlocal Agreement – Page 3 69431 program for children. D.A.R.E. represents a collaboration effort between the City of University Park and the Highland Park Independent School District. B.Selection When a SRO or DARE position becomes available, notice will be given to all sworn employees through regular postings. Interested persons shall submit a memo to the office of the Chief of Police. The officer will then be interviewed by a board consisting of police department personnel and school district employees with the final selection being made by the Chief of Police. The SRO/DARE Supervisor will make SRO/DARE assignments for a school year with an annual review. Selection criteria will include but will not be limited to: 1)Oral Presentation 2)Performance Reports 3)Experience 4)Interpersonal skills, including a flexible and tolerant approach to dealing with children. C.Duties and Responsibilities Basic responsibilities of the SRO Officer will include but will not be limited to: 1)To enforce criminal law and protect the students, staff, and public at large against criminal activity; 2)Provide information concerning questions about law enforcement topics to students and staff; 3)Provide classroom instruction on a variety of topics including, but not limited to, anti-drug and alcohol abuse training, safety, public relations, occupational training, leadership, and life skills; 4)Coordinate investigative procedures between police and school administrators; 5)Provide counseling on a limited basis to students, staff, and faculty; 6)Handle initial police reports of crimes committed on campus; 7) Take enforcement action on criminal matters when appropriate; 8) Wear an approved police uniform at all times or other apparel approved by the City of University Park Police Department; 9) Attend school special events as needed; and 10) Prepare lesson plans as necessary for the instruction provided. The duties and responsibilities of the DARE officer will be: 1) Teach the lessons of the DARE Program as offered through the Drug ________________________ Interlocal Agreement – Page 4 69431 Abuse Resistance Education copyrighted program; Basic responsibilities of the SRO/DARE Supervisor will include but will not be limited to: 1) Serve as the liaison between HPISD, campus administrators, and the University Park Police Department; 2) Coordinate work assignments of the SRO/DARE Officers; 3) Coordinate scheduling and work hours of the SRO/DARE Officers (Vacation requests, sick leave, rescheduled time, etc.); 4) Approve police reports written by the SRO for school related offenses at their campuses; 5) Ensure SRO/DARE Officers compliance of the police department's directives; and 6) Take enforcement action on criminal matters when appropriate. D.Enforcement Although the SRO/DARE Officers have been placed in a formal educational environment, they are not relieved of the official duties of an enforcement officer. Decisions to intervene normally will be made when it is necessary to prevent any criminal act. Citations should be issued and arrests made when appropriate and in accordance with department policy. VI.School District Responsibilities The HPISD shall provide the SRO the following materials and facilities, which are deemed necessary to the performance of the SRO's duties: 1) Access to an air-conditioned and properly lighted private office, which shall contain a telephone, which may be used for general business purposes; 2) A location for files and records which can be properly locked and secured; 3) A desk with drawers, chair, work table, filing cabinet, and office supplies; 4) Access to a computer and secretarial assistance; 5) Access to and encourage classroom participation by the SRO; 6) The opportunity for SRO to address teachers and school administrators about the SRO program, goals, and objectives; 7) Seek input from the SRO regarding criminal justice problems relating to students; and 8) Provide SRO the opportunity to address teachers and school administrators about criminal justice problems relating to students during in-service workdays. VII Miscellaneous Provisions ________________________ Interlocal Agreement – Page 5 69431 A. This Agreement is to provide a governmental service that each party hereto is authorized to perform individually. B . The parties agree that this Agreement is in addition to other written joint use or interlocal agreements between the parties hereto. Any prior written or oral agreement relative to this Agreement is superseded by this Agreement and shall be of no further force or effect. C. This Agreement shall be in full force and effect from the date first written above and shall thereafter on such anniversary date be automatically renewed from year to year, unless terminated by either party by notice in writing not less than sixty (60) days prior to the next succeeding anniversary date of this Agreement. D. This Agreement has been approved by the City Council of the City and the Chief of Police has been authorized to execute the same on behalf of the City. This Agreement has been approved by the Board of Trustees of HPISD and the Superintendent of Schools has been authorized to execute it on behalf of HPISD. This Agreement will not be binding on the parties hereto until so approved and signed. E. This Agreement may not be terminated without at least sixty (60) days prior written notice from the terminating party to the other party hereto. This Agreement may not be amended or altered in any manner except by a written instrument stating such amendment or alteration, authorized and executed by both parties in the manner provided by law. F. In case anyone or more of the provisions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions hereof and this Agreement shall be construed as if such provision had never been contained herein. Executed in duplicate originals by the parties hereto acting by and through the duly authorized agent of each and attested by the secretary of each, the execution of such Agreement having been duly authorized by the respective governing body of each party hereto, to become effective on the _____ day of ____________________ 2006. ________________________ Interlocal Agreement – Page 6 69431 CITY OF UNIVERSITY PARK By: __________________________________ __________________ Chief Gary W. Adams Date Chief of Police City of University Park, Texas _________________________________ __________________ Dr. Cathy Bryce Date Superintendent of Schools Highland Park Independent School District ________________________ Interlocal Agreement – Page 7 69431 AGENDA MEMO (9/26/2006 AGENDA) DATE: September 19, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: HPISD Request Joint Use Agreement Amendments BACKGROUND: Staff has received a letter from the Cathy Bryce, HPISD School Superintendent requesting consideration of amending the existing 1991 Joint Use Agreement involving Germany Park. On August 22, 2006, City Council approved a 90 day extension of the project to evaluate the HPISD requests. Staff is brining the item back to City Council for consideration and approval. Key Points of the Current Joint Use Agreement: Existing Agreement Term: ? August 20, 1991 through August 19, 2006. Responsibilities: ? City: Landscape maintenance, tennis courts, fencing, soccer fields, parking lots, water fountains and bleachers. HPISD: Repair and maintenance of track, field events area and storage restroom building. Programming: ? HPISD: During the hours of 3:00 p.m. to 6:00 p.m. of each day, except Saturday and Sunday, from the beginning of the fall term to the end of the spring term, HPISD shall have excusive use of the track and playing fields, provided that the two (2) outside lanes of the track shall be reserved for the use by the general public during these hours. Summary of HPISD Request for Amendments to 1991 Joint Use Agreement: # 1) The City of University Park will pay for the resurfacing of the track. # 2) 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. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD Joint Use Agreement Contract Amendment Request – 9-26-06 # 3) HPISD will use Track lanes 1-6 and the field from 3:00 p.m. until 6:00 p.m. from the first day of school through January 15 through May 15. A. HPISD request #1: Costs associated with track resurfacing The bid opening for the construction of a new track is scheduled for September 20, 2006 and will be reviewed with the City Council during the September 26, 2006 meeting. B. HPISD request #2 and #3: Track Programming Staff will take direction from City Council on how to proceed with exclusive use issues associated with HPISD usage of the track and field area. RECOMMENDATION: Staff is requesting direction from City Council on how to proceed with the proposed HPISD Joint Use Agreement amendments. Based on City Council direction, staff will work with the City Attorney to prepare a revised Joint Use Agreement for signatures. ATTACHMENTS: Original letter from HPISD Superintendent of Schools - Cathy Bryce ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD Joint Use Agreement Contract Amendment Request – 9-26-06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD Joint Use Agreement Contract Amendment Request – 9-26-06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD Joint Use Agreement Contract Amendment Request – 9-26-06 AGENDA MEMO (09/26/2006 AGENDA) DATE: September 20, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT : Proposals for Germany Park Track Construction BACKGROUND: Based on direction from City Council, staff has advertised for proposals associated with improvements to the Germany Park track facility. On Wednesday, September 20, 2006 at 2:00 p.m., the City hosted a bid opening for the proposed track improvements. Staff is currently evaluating bid proposals and checking vendor references. During the September 26, 2006 City Council meeting, staff plans to bring these proposals to City Council for review and consideration. RECOMMENDATION: Staff will be requesting City Council to provide direction on how to proceed with the project. ATTACHMENTS: None 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Germany Park Track Bids.doc 1:00 PM 09/21/06 AGENDA MEMO (9/26/2006 AGENDA) DATE: September 19, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: HPISD and UP Interlocal Agreement BACKGROUND: Staff has been requested to establish an Interlocal Agreement between the City of University park and the HPISD which would allow each party to utilize each organization’s facilities at reduced rates or waived fees based on the conditions outlined within the agreement. During the September 26, 2006 Council meeting, staff will discuss the details of the agreement and how each organization will benefit from the agreement’s implementation. RECOMMENDATION: Staff is requesting City Council to consider the approval of the Interlocal Agreement between the City of University Park and the HPISD. Upon approval, staff will obtain the necessary signatures for the agreements implementation. ATTACHMENTS: Interlocal Agreement ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD –UP Interlocal Agreement – 9-26-06 FACILITIES JOINT USE INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT is made and entered into on this ________ day of ______________2006, by and between the CITY OF UNIVERSITY PARK (hereinafter referred to as “CITY”), acting by and through its City Council and City Manager or his designee, and the HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT (hereinafter referred to as “HPISD”), acting by and through its Board of Trustees and Superintendent of Schools or her designee. WITNESSETH: WHEREAS, the Texas Legislature has authorized the use of interlocal cooperative agreements between and among governmental entities; and WHEREAS, the Interlocal Agreement is made under the authority granted by and pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, and as otherwise provided herein, relative to the joint utilization by CITY and HPISD of the facilities of each party; WHEREAS , the City and HPISD each desires from time to time when appropriate to use the public facilities of the other in order to provide needed services to the citizens of the City and the District; and WHEREAS , the joint use of such facilities requires an interlocal agreement between the City and HPISD; NOW, THEREFORE, 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD –UP Interlocal Agreement – 9-26-06 For and in consideration of the premises and in compliance with and pursuant to the provisions, terms, and conditions of applicable law, the CITY and HPISD do hereby contract and agree with each other as hereinafter set forth below, to wit: 1. CITY and HPISD each agrees to permit the other party to request and schedule the use of certain of its facilities and public areas as provided herein. 2. This Agreement is to provide a governmental service that each party hereto is authorized to perform individually. 3. The parties agree that no consideration will be exchanged for use of the facilities as described herein except to fairly compensate each for the direct costs of furnishing the requested facilities, services or functions to be performed under this Agreement. Each party agrees that payment for the costs for the services or functions performed by it will be made from current revenues available to the paying party. 4. This Agreement has been authorized by the governing body of each party hereto. 5. HPISD does hereby authorize CITY and its approved CITY organizations to use certain school facilities, upon request and advance scheduling that will not interfere with school activities, as approved by the Superintendent or her designee, such facilities being located in University Park, Texas, and owned by or under control of the HPISD. 6. CITY does hereby authorize HPISD and its approved school organizations to use certain CITY facilities, upon request and advance scheduling that will not interfere with CITY activities or previously scheduled events, as approved by the City Manager or his designee, such facilities being located in University Park, Texas, and owned by or under control of the CITY. 7. The approval of a request for use of a facility and establishment of the terms, conditions and required cost of the use of such facility shall be completely within the discretion of the authorized officer of the entity owning or controlling the facility. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD –UP Interlocal Agreement – 9-26-06 8. This Agreement shall be in full force and effect from the date first written above and shall thereafter on such anniversary date be automatically renewed from year to year, unless terminated by either party by notice in writing not less than thirty (30) days prior to the next succeeding anniversary date of this Agreement. 9. Either party may withhold from the joint use rights granted the other party by this Agreement any of its facilities that it determines would not be appropriate for such joint use. In connection with that right, the City makes the following restrictions on the use of its property, to wit: a. Athletic facilities such as soccer fields, baseball/softball fields, and tennis courts may only be reserved for single day events such as school parties or field days, not for an established, regular usage, unless specifically authorized by a separate interlocal agreement; b. A request for usage of the swimming pool will be reviewed by the Park Advisory Board for recommendation to the City council for its determination. If approved by the City Council, usage fees will be waived except for costs for staff time associated with the request; c. If a facility has been previously reserved by another party, the City will offer HPISD alternative dates or locations; d. All requests to the City must be in writing on a form approved and provided by the City Manager and submitted to the City Manager or his designee at least 14 days prior to the date requested; e. No City facility may be reserved by HPISD for non-school related groups, including boy scouts troops, day care, or churches; f. No sales of any items to the general public for fund raising shall be permitted; and, g. HPISD requests are subject to the priority given YMCA programming in accordance with the existing Facility Utilization Agreement between the City and the Park Cities YMCA. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD –UP Interlocal Agreement – 9-26-06 10. This Agreement has been approved by the City Council of the City and the City Manager has been authorized to execute the same on behalf of the City. This Agreement has been approved by the Board of Trustees of HPISD and the Superintendent of Schools has been authorized to execute it on behalf of HPISD. This Agreement will not be binding on the parties hereto until so approved and signed. 11. CITY and HPISD assume no liability or responsibility for any use of its facilities by the other entity pursuant to the terms of this Agreement, and each agrees to hold the other harmless and to indemnify the other from any and all liability that may arise as a result of the other entity’s negligence or the negligence of any officer, agent or employee of such entity, provided however, that in no event shall any liability be imposed upon either which is greater or different than otherwise would be provided by law. 12. It is expressly understood and agreed that in the execution of this Agreement, neither CITY nor HPISD waives, nor shall be deemed to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 13. The CITY and HPISD shall each provide public liability insurance or be self- insured as permitted by law for use of the facilities described in this Agreement. Such policies shall be at in the amount of the maximum liability to which each is subject under the Texas Tort Claims Act or other applicable law. 14. The parties agree that this Agreement is in addition to other written joint use or Interlocal Agreements between the parties hereto relative to the joint use of specific facilities. Any prior written or oral agreement relative to this agreement is superseded by this Agreement and shall be of no further force or effect. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD –UP Interlocal Agreement – 9-26-06 15. This Agreement may not be terminated without at least sixty (60) days prior written notice from the terminating party to the other party hereto. This Agreement may not be amended or altered in any manner except by a written instrument stating such amendment or alteration, authorized and executed by both parties in the manner provided by law. 16. In case any one or more of the provisions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions hereof and this Agreement shall be construed as if such provision had never been contained herein. Executed in duplicate originals by the parties hereto acting by and through the duly authorized agent of each and attested by the secretary of each, the execution of such Agreement having been duly authorized by the respective governing body of each party hereto, to become effective on the ______ day of ______________________2006. [SIGNATURE PAGE FOLLOWS] HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT WITNESS: BY: _________________________________ Superintendent of Schools _________________________ CITY OF UNIVERSITY PARK, TEXAS ATTEST: _________________________ BY: ______________________________ Nina Wilson, City Secretary Bob Livingston, City Manager 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD –UP Interlocal Agreement – 9-26-06 AGENDA MEMO (09-26-06 AGENDA) DATE: September 21, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Continue public hearing and consider site location for Germany Park booster pumping station. Background. The City Council took action at their 08.22.06 meeting to continue the public hearing until 09.26.06 regarding the location of the proposed booster pumping station in Germany Park. The feedback from the last meeting suggested that there would be considerable negative neighborhood comment if the facility was to be placed in the southwest corner of the park. To that end, staff has worked with the engineering consultant to propose a revised location on the southwest corner of the Park City Municipal Utility District’s (MUD) property immediately south of the existing booster pumping station. We believe this site is responsive to the residential concerns and provides and very constructible location. A copy of the site plan for the proposed location is attached. Discussion. Staff recommends that City Council affirm the location of the booster pumping station at the southwest corner of the MUD property. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM Booster Pumping Station 09 26 06.doc 2:31 PM 09/21/06 AGENDA MEMO (09/26/2006 AGENDA) DATE: September 20, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Revision of Residential Parking District Ordinance Background/Analysis Since the enactment of the Resident Parking District, the 6600 Block of Westchester has been designated for use by the High School. However, due to recent construction of a new apartment complex that now faces Westchester, the owner of the property would like the ordinance amended to include the 6600 block of Westchester (east side of the street from Emerson to the alley south of the parking garage) in the Residential Parking District. Recommendation Staff recommends approval of these changes. Attachment: Revised ordinance as prepared by city attorney. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Parking District to include east side of 6600 block of westchester.doc 11:01 AM 09/21/06 ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 10.1213 TO ADD A RESIDENT- PARKING-ONLY ZONE IN THE 6600 BLOCK OF WESTCHESTER; 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 HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council finds that it is necessary to add a resident-only permit area to expedite the orderly flow of traffic and to eliminate traffic congestion, to promote traffic safety, and to preserve the residential character of neighborhoods in the area of certain streets in the vicinity of NOW, THEREFORE, Highland Park High School; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 10 of the Code of Ordinances, City of University Park, Texas, is hereby amended by amending Section 10.1213, in part, as follows: “Section 10.1213 Resident-Only Permit Parking (a)… (b) Designation of resident-parking-only zones; Regulation of parking (A) … (D) the 4300 block of Hyer, from the point of its intersection with Douglas, west a distance of 260 feet; and (E) the East side of the 6600 block of Westchester, from Emerson to the alley South of the parking garage.” SECTION 2 . All ordinances of the City of University Park in conflict with the provisions of this ordinance or the Code of Ordinances, as amended hereby, are hereby repealed. 70144 SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Code of Ordinances as a whole, or any part or provision thereof, other than the part decided to be unconstitutional, illegal or invalid. SECTION 4. Any person violating any of the provisions of this ordinance or the traffic control devices authorized hereby shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court, shall be fined in an amount not to exceed the sum of two hundred dollars ($200.00) for each offense. SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. th DULY PASSED by the City Council of the City of University Park, Texas, on the 26 day of September 2006. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: ____________________________________ ____________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/9-21-06) 70144 ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 10.1213 TO ADD A RESIDENT- PARKING-ONLY ZONE IN THE 6600 BLOCK OF WESTCHESTER; 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 HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. th DULY PASSED by the City Council of the City of University Park, Texas, on the 26 day of September 2006. APPROVED: ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY 70144 AGENDA MEMO (09/26/2006 AGENDA) DATE: September 19, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT : Barbara Hitzelberger Park – Concept Plan Review BACKGROUND: In July 2006, City Council awarded a design contract to Talley Associates for the landscape development of Barbara Hitzelberger Park. On September 12, 2006, the Park Advisory Board made recommendations regarding design concepts presented at the meeting. During the September 26, 2006 City Council meeting, staff will have Coy Talley of Talley Associates in attendance to share design concepts with the City Council. RECOMMENDATION: Staff will be requesting City Council to provide direction on how to proceed with the design portion of the project. ATTACHMENTS: None 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Barbara Hitzlberger Park.doc 12:56 PM 09/21/06 AGENDA MEMO (09/26/2006 AGENDA) DATE: September 20, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT : Secondary Entrance Marker Program BACKGROUND: In July 2006, staff presented City Council with three marker design concepts associated with the Secondary Entrance Marker Program. These markers will be used at entranceways into our community that due to size will not support large gateway signs and botanical plantings. During the July meeting, Council directed staff to develop project cost estimates and provide suggested locations for the two (2) preferred marker concepts. During the September 26, 2006 City Council meeting, staff will discuss marker concepts design, marker costs and the five (5) locations for the pilot marker program. RECOMMENDATION: Staff will be requesting City Council to provide direction on how to proceed with the project. ATTACHMENTS: Preferred Entrance Marker Design Concepts 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Secondary Entrance Marker.doc 1:02 PM 09/21/06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Secondary Entrance Marker.doc 1:02 PM 09/21/06 AGENDA MEMO (09-26-06 AGENDA) DATE: September 21, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider award of bid for windows for the City Hall project. Background. Most of the bids for the City Hall project were approved by the City Council at their 08.22.06 meeting. However, the architect, staff and representatives of Gallagher Construction Services asked for additional time to gather additional information about the two bids received for windows. Von Gallagher reviewed the situation with both bidders and, pursuant to those discussions, staff is prepared to recommend the low bid of Pella Windows at $199,808. Their bid did not meet all of the terms of the specifications, however, the Council- appointed “Oversight Committee” did not feel those issues were important to award to the second bidder at a premium of $122,000. Their recommendation to Council was to award to Pella. Discussion. Staff recommends that City Council authorize the City Manager to enter into a contract with Pella Windows in the amount of $199,808. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM City Hall Window Bids 09 26 06.doc 11:14 AM 09/21/06 AGENDA MEMO (09/26/2006 AGENDA) DATE: September 21, 2006 TO: Honorable Mayor and City Council City Manager FROM: Kent Austin, Director of Finance SUBJECT: Budget amendment ITEM The September 26, 2006, City Council agenda includes an ordinance that would amend the FY2006 budget to approve specific funding requests not included in the adopted FY2006 budget. The amendment would increase authorized expenditures in the General Fund by $1,026,200 and increase budgeted revenues in the Utilities Fund by $55,000. The attachment to the ordinance labeled “Exhibit A” displays the specific accounts, departments, and descriptions of items that make up the current request. Among the specific items is $1,000,000 for a planned General Fund fund balance transfer to the City Hall renovation project in the Capital Projects Fund. The below table illustrates how this transfer relates to the overall City Hall renovation funding plan: Project(1)(2)(3)(4)(5)(6) NumberProject NameTotal Cost(-) FY2003FY2004FY2005FY 2006FY 2007FY 2008 43700City Hall Renovation 13,983,043 378,900 83,200 350,290 151,000 8,035,000 4,984,653 43710City Hall Renovation II - Creekwork 3,735,000 349,000 3,251,000 135,000 43730City Hall Renovation IV - Goar Park 1,000,000 750,000 250,000 18,718,043 378,900 83,200 699,290 3,402,000 8,920,000 5,234,653 SOURCES 43700City Hall Renovation (existing) 515,500 515,500 49910General Govtl Projects (GF budget) 1,437,653 500,000 750,000 187,653 42993Curb & Gtr Repl FY05 (GF budget) 500,000 500,000 Utility Fund fund balance* 3,520,000 520,000 2,000,000 1,000,000 General Fund fund balance 7,436,390 2,000,000 2,200,000 2,226,000 1,010,390 THEA surplus fund 3,700,000 3,700,000 SMU Right-of-Way exchange ($1.93 million) 1,608,500 1,000,000 608,500 18,718,043 2,515,500 3,220,000 5,476,000 1,000,000 4,308,500 2,198,043 Net funding per year 2,136,600 3,136,800 4,776,710 (2,402,000) (4,611,500) (3,036,610) Project balance 2,136,600 5,273,400 10,050,110 7,648,110 3,036,610 - NOTES Italics indicate items not yet completed. Other budget amendment items include: $55,000 for Utilities Division overtime earnings (mistakenly omitted from FY2006 adopted budget), $23,000 for Finance Department items \\srvchfp\shared\FINANCE\BUDGET06\Budget Amendments\Amendment 3 Budget FY06 memo 092606.doc 1:12 PM 09/21/06 like the FRRF/TMRS merger study, annual fees for participation in RFP Depot (online purchasing site), and delinquent tax attorney fees; and $3,200 for Facilities Maintenance Division replacement of overhead doors at the Peek Center garage. The attached worksheet displays the impact of the three budget amendments on the original adopted FY2006 budget. Projected unreserved fund balance in the General Fund for the end of FY2006 is $7.5 million. RECOMMENDATION City staff recommends approval of the attached ordinance. ATTACHMENTS: ?Table displaying budget amendment impact ?Ordinance with Exhibit \\srvchfp\shared\FINANCE\BUDGET06\Budget Amendments\Amendment 3 Budget FY06 memo 092606.doc 1:12 PM 09/21/06 CITY OF UNIVERSITY PARK, TEXAS FY 2006 BUDGET WITH AMENDMENTS SUMMARY BY FUND AND DEPARTMENT 09/26/2006 FY2006AMENDMENTAMENDMENTAMENDMENTAMENDMENTFY2006 ADOPTED NO. 1 - ENCUMB.NO. 1 - OTHER NO. 2NO. 3AMENDED BUDGET12/13/200512/13/20056/6/20069/26/2006BUDGET GENERAL FUND 01-11 REVENUES 22,172,114 - 1,300 9,855 - 22,183,269 TOTAL GENERAL FUND REVENUES$22,172,114 - 1,300 9,855 - $ 22,183,269 EXPENDITURES 01-02 EXECUTIVE 786,315 144,903 30,000 25,500 - 986,718 01-03 FINANCE 998,131 191 - - 23,000 1,021,322 01-04 HUMAN RESOURCES 334,340 256 - - - 334,596 01-05 INFORMATION SERVICES 705,241 130,291 - - - 835,532 01-10 COURT 275,536 - - - - 275,536 01-19 BUILDING 659,492 16,000 17,500 - 692,992 01-20 ENGINEERING 842,530 3,086 60,000 - 905,616 01-25 TRAFFIC 797,368 63,076 - - 860,444 01-35 FACILITY MAINTENANCE 638,929 40,973 - 3,200 683,102 01-40 FIRE 4,041,469 13,313 26,000 25,675 - 4,106,457 01-50 POLICE 5,057,785 59,285 10,900 48,715 - 5,176,685 01-70 PARKS 2,254,602 12,481 22,500 - 2,289,583 01-75 SWIMMING POOL 164,968 - - - 164,968 01-80 STREETS 1,726,473 134,808 - - 1,861,281 01-85 TRANSFERS 2,866,962 - - - 1,000,000 3,866,962 TOTAL GENERAL FUND EXPENDS.$22,150,141 $618,661 $66,900 $199,890 $1,026,200 24,061,792 DIFFERENCE$21,973 ($618,661)($65,600)($190,035)($1,026,200)($1,878,523)   UTILITY FUND 02-11 REVENUES 10,012,388 - - - - - TOTAL UTILITY FUND REVENUES$10,012,388 $0 $0 $0 $0 $0 EXPENDITURES 02-21 UTILITY OFFICE 5,155,859 - - - - 5,155,859 02-22 UTILITIES 2,836,704 235,846 - - 55,000 3,127,550 02-85 TRANSFERS 2,009,116 - - - - 2,009,116 TOTAL UTILITY FUND EXPENDS.$10,001,679 $235,846 $0 $0 $55,000 10,292,525 DIFFERENCE$10,709 ($235,846)$0 $0 ($55,000)$0 SANITATION FUND 04-11 REVENUES 2,658,540 - - - - 2,658,540 TOTAL SANITATION FUND REVENUES$2,658,540$0$0$0$0 2,658,540 EXPENDITURES 04-60 SANITATION 2,649,308 3,000 - - - 2,652,308 TOTAL SANITATION FUND EXPENDS. $2,649,308$3,000$0$0$0 2,652,308 DIFFERENCE$9,232($3,000)$0$0$0 6,232 TOTAL REVENUES$34,843,042 $0 $1,300 $9,855 $0 $34,854,197 TOTAL EXPENDITURES$34,801,128 $857,507 $66,900 $199,890 $1,081,200 $37,006,625 DIFFERENCE$41,914 ($857,507)($65,600)($190,035)($1,081,200)($2,152,428) \\srvchfp\shared\FINANCE\BUDGET06\Budget Amendments\Amendment 3 Budget FY06 memo 092606.doc 1:12 PM 09/21/06 ORDINANCE NO. 06/____ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2005-2006 FISCAL YEAR BUDGET, ORDINANCE NO. 05/31, TO APPROPRIATE $1,026,200 FROM THE GENERAL FUND UNRESERVED FUND BALANCE TO INCREASE EXPENDITURES AND $55,000 FROM THE UTILITY FUND UNRESERVED FUND BALANCE TO INCREASE EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park has determined that it is in the public interest to amend Ordinance No. 05/31 to transfer funds from unreserved fund balances of the General Fund and Utility Fund into specific accounts; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 05/31, the 2005-2006 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to appropriate unreserved fund balance of $1,026,200 from the General Fund and $55,000 from the unreserved fund balance of the Utility Fund to the specific expenditure accounts listed on Exhibit “A” attached hereto and made part hereof for all purposes, and such expenditures are herby authorized and made a part of the 2005-06 fiscal year budget of the City. Of the General Fund appropriation, $1,000,000 shall be transferred to the Capital Projects Fund for use in the City Hall Renovation Project (number 43700). SECTION 2. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 26th day of September, 2006. \\srvchfp\shared\FINANCE\BUDGET06\Budget Amendments\Ordinance amending FY2006 budget 3 09-26-2006.doc 1:14 PM 09/21/06 APPROVED: ____________________________________ JAMES H. HOLMES, III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY \\srvchfp\shared\FINANCE\BUDGET06\Budget Amendments\Ordinance amending FY2006 budget 3 09-26-2006.doc 1:14 PM 09/21/06 EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2006 BUDGET AMENDMENT NO. 3 9/26/2006 AmountDept.Account descriptionAccount no.Item description GENERAL FUND EXPENDITURES $ 5,000FinanceDelinquent Tax Attorney01-03-3007 Additional tax attorney fees $ 7,500FinanceProfessional Services01-03-3060 Merger study of FRRF/TMRS $ 6,000FinanceDues & Subscriptions01-03-7150 RFP Depot annual fee (implemented after 10/1/06) $ 4,500FinanceOther01-03-7221Additional property tax notices, shredding svcs, other $ 23,000 Finance Department subtotal $ 3,200 FacMntFac. Maintenance & Repair01-35-6250Overhead doors replacement (Peek Center) $ 3,200 Facilities Maintenance Division subtotal $ 1,000,000 TransfersTransfers01-85-8500Transfer to Cap Proj Fund for City Hall Project $ 1,000,000 Transfers Department subtotal $ 1,026,200General Fund expenditure total UTILITY FUND EXPENDITURES $ 55,000 UtilitiesOvertime Earnings02-22-1002Include OT earnings omitted from FY06 budget $ 55,000 Utilities Division subtotal $ 55,000Utility Fund expenditure total \\srvchfp\shared\FINANCE\BUDGET06\Budget Amendments\Ordinance amending FY2006 budget 3 09-26-2006.doc 1:14 PM 09/21/06 AGENDA MEMO (09/26/2006 AGENDA) DATE: September 20, 2006 TO: Honorable Mayor and City Council FROM: City Manager SUBJECT: Adoption of FY2007 Budget BACKGROUND The proposed FY2007 budget has now been reviewed and recommended by the City’s Employee Benefits, Finance, and Property/Casualty/Liability Insurance Advisory Committees. The City Council has held three public hearings on the proposed tax rate and budget (August 22, September 7, and September 14), and staff has published the required notices in the local newspaper, cable TV access channel, and City Web site. After the City Manager’s proposed budget was transmitted to the City Council on August 1, 2006, staff made three changes to the proposed FY2007 budget. These changes, totaling $240,000, were directed by the City Council after recommendations from the City’s advisory committees. The changes include: ?The Police Department budget was increased approximately $80,000 to include a School Resource Officer position for Highland Park High School. ?The Park Department budget was increased approximately $70,000 to begin reconstruction of the track at Germany Park. ?The health insurance accounts for operating departments were increased $90,000 to cover rising health care costs. These changes pushed the proposed tax rate from an initial $0.28772 to $0.29272 per $100 taxable value. A copy of my revised August 1, 2006, budget memo and supporting detail are attached. RECOMMENDATION I recommend that the Council take the following actions to approve the FY2007 budget and related items: 1.Hold one final hearing on the FY2007 budget. At the conclusion of the hearing, the Council is ready to vote on the budget. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 \\srvchfp\UPPublic\Finance\BUDGET07\AGENDA MEMO FY07 budget adoption 09-26-06.doc 11:20 AM 09/21/06 2.Approve the ordinance adopting the FY2007 budget. The total budget of $37,879,768 is 8.85% higher that last year’s $34,801,128 adopted budget. The City’s three budgeted funds include the General, Utility, and Sanitation Funds. 3.Approve the ordinance adopting the FY2007 (tax year 2006) property tax rate of $0.29272 per $100 taxable value. The entire rate is dedicated for maintenance and operations, including budgeted amounts to be transferred to the capital projects fund. There is no debt service portion of the tax rate. The proposed new rate represents a 5.45% nominal tax rate decrease and a 3.1% effective tax increase. 4.Approve the ordinance adopting the FY2007 salary plan. The plan is derived from: 1) the annual pay study conducted by Hay Management Consultants, and 2) the annual survey of area cities for police and fire positions. Non-public safety pay increases range from 3% to 7%, depending on position; police and fire rank and file pay is proposed to increase 5%. Forty percent of employees are eligible for merit increases, which result in an additional 3% raise. Total full-time headcount will be 241 employees, up two from last year’s adopted budget. ATTACHMENTS: 1.August 1, 2006, memo (revised 8/31/06) from City Manager with supporting line- item detail 2.Advisory Committees meeting minutes: Finance (8/10/2006); Employee Benefits (8/30/2006); and Property/Casualty/Liability Insurance (8/29/2006) 3.Ordinance adopting FY2007 budget 4.Ordinance adopting FY2007 (tax year 2006) property tax rate 5.Ordinance adopting FY2007 salary plan 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 \\srvchfp\UPPublic\Finance\BUDGET07\AGENDA MEMO FY07 budget adoption 09-26-06.doc 11:20 AM 09/21/06 AGENDA MEMO (09/26/2006 AGENDA) REVISED FROM 8/01/06 AND 8/22/06 DATE: August 31, 2006 TO: Honorable Mayor and Members of the City Council FROM: Bob Livingston, City Manager SUBJECT: Presentation of the City Manager’s Proposed FY 2007 Budget INTRODUCTION This memo presents the City Manager’s proposed budget for Fiscal Year 2007 (FY07, or October 1, 2006 – September 30, 2007). The budget has been modified since its original transmittal on August 1. Highlights of the proposed $37.8 million budget include: th ? A reduction in the City’s property tax rate for the 12 consecutive year. The proposed tax rate of 29.272 cents is 5.45% lower than last year’s rate of 30.958 cents per $100 taxable value. ? Balanced General and Sanitation Funds. ? Continued investment in automation and effective use of technology. ? Three new full-time positions, a Sergeant (Police), a School Resource Officer (Police), and a Planning Assistant (Building). ? Over $5 million in pay-as-you-go capital project funding, up 3% from last year. The Utility Fund as presented forecasts an operating deficit that could be eliminated by increased water sales. Sufficient funds exist to cover this shortfall, and higher than projected water sales will eliminate it through additional revenue. We will need to evaluate the situation as the year progresses. The major factor in the Utility Fund’s viability is the potential reduced consumption from conservation efforts if a long term drought occurs. The table below provides a comparison of total expenditures for the City’s three budgeted funds – General, Utility, and Sanitation. Three other funds – Capital Projects, Equipment Services, and Self-Insurance – are not included in the formal budget, because their revenues come from line-items in the three budgeted funds. A summary page showing the proposed budget by fund and department is attached, as is a worksheet detailing the property tax impact of the proposed FY07 budget. 1 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM Total Budgeted Expenditures FY2005 FY2006 FY2007 Dollar Percent Fund Adopted Budget Adopted Budget Proposed Budget Change Change General $21,067,545 $22,150,141 $24,187,449 $2,037,308 9.20% Utility 10,442,317 10,001,679 11,032,459 $1,030,780 10.31% Sanitation 2,663,410 2,649,308 2,659,860 $10,552 0.40% Total $34,173,272 $34,801,128 $37,879,768 $3,078,640 8.85% By comparison, over the past year, the Consumer Price Index - All Urban Consumers (CPI) for Dallas-Fort Worth increased 4.19% and the Municipal Price Index, which more closely tracks services and goods a municipality purchases, increased 4.13%. What accounts for the budget’s overall growth rate being twice these amounts? CITYWIDE ISSUES The major increases can be traced directly to six expenditure categories, which together account for over 93% of the increase in the FY07 budget. Some of these costs, such as electricity/gas and water/wastewater treatment are beyond the City’s direct control. The impact of these six categories is shown below: Expenditure category Increase over FY06 budget General Fund All Funds ? Personnel costs $1,370,500 $1,614,200 ? Water and wastewater treatment $ -0- $ 759,000 ? Fuel and equipment $ 95,600 $ 156,700 ? Capital projects contributions $ 77,000 $ 137,200 ? Automation $ 119,100 $ 117,800 ? Electricity and gas $ 80,000 $ 94,000 TOTALS $1,742,200 $2,878,900 Personnel costs Salaries and benefits make up 55% ($20.8 million) of the total budget, and they comprise 67% of the General Fund’s increase. The proposed FY07 budget includes three new full-time positions, a Planning Assistant in the Building Department, an additional Sergeant position in the Police Department, and a Police School Resource Officer. New positions Police Sergeant position – total annual cost $93,130 Chief Adams requested four additional positions, including three patrol personnel (a sergeant 2 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM and two patrol officers) and an upgrade of a clerical position from part to full-time. I have removed all but the additional sergeant’s position. This position will be assigned to patrol to replace a Lieutenant, who will be reassigned to administration overseeing a number of responsibilities previously handled by Lt. Burks. Currently we have 1,841 Direct Alarm customers, and as the number of these accounts continues to increase, Lt. Burks in turn must devote more time to them. This service is important to many of our residents as well as the City, and we do not want customer service to decrease. Police School Resource Officer position – total annual cost $79,820 The proposed FY07 budget now includes another Police position, a School Resource Officer (SRO), who would be assigned to Highland Park High School. The position was requested by HPISD and a group of parents; their request is included at the end of this memo. The Finance Advisory Committee considered this request at their August 10 meeting and recommended including it in the budget. At their August 22 meeting, the City Council directed staff to add the position to the FY07 budget. Planning Assistant position – total annual cost $58,580 The additional position in the Building and Zoning Division is intended to strengthen our ability to deal with increasingly complex planning issues. Increased building activity, both residential and commercial, has caused residents to express concerns to Council regarding lot coverage, building site control, parking and traffic, and various other items. Additionally, results of the recent community survey identified the Building Division as a target area for improvement. The new position will provide additional support to the City Council, Planning and Zoning Commission, Board of Adjustment, other City staff, and our citizens as we work to devise ways of addressing the community’s concerns in this area. If approved as proposed, the number of full-time employees will rise from 239 to 242. This number is still below the 247 employed in the early 1990’s. Salary changes Non-public safety positions The proposed budget includes market-based raises ranging from 3% to 7%, depending upon position. The Hay Group compensation study, which identifies salary levels for all employees except police and fire, recommends salary adjustments over the entire range by position. The study is a systematic review of pay in both private and government jobs of comparable complexity, skill, and education. I recommend that the increases be approved to keep our salaries competitive with other employers. Public safety positions The FY2007 budget also includes a 5% increase in fire and police salaries. This recommendation is based on comparisons with a group of North Texas cities that includes Addison, Garland, Dallas, Arlington, Plano, and Richardson. This increase serves to keep us competitive with other agencies. We continue to enjoy a very low employee turnover rate, which is in part an indicator that our salaries and benefits are competitive with other area cities and private employers. However, as the economy improves, we are having increased difficulty in filling positions with the caliber 3 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM of candidate we require. For this reason, we always need to keep salaries for all employees competitive. Benefit changes Employee health insurance Health insurance costs continue to challenge us. Paid claims for the period from July 2005 to June 2006 have actually decreased from the previous year, a first. For the first time in years, it also appears we stand a good chance of ending the year with a surplus of contributions over claims. However -- the volatility of costs for medical expenses and potential for higher claims lead us to budget an additional 14.25% ($250,800) citywide for health insurance. Further, at their August 30 meeting, the Employee Benefits Advisory Committee (EBAC) recommended increasing the budget for employee health insurance by an additional $150,000. Ninety- thousand dollars have been added to the proposed General Fund budget for this purpose. Additional funding may come from a revision to monthly employee premiums. When insurance renewal bids are reviewed later in the year, the EBAC will evaluate options regarding coverage and cost and make a recommendation to the Council at its November meeting. Retirement costs The employer contribution for the City’s retirement plan is static, actually decreasing from 14.88% to 14.87%. Because of the two new positions and recommended salary increases, however, retirement costs are projected to rise $142,200, or 7.03% more than in FY2006. No changes to the retirement plan’s benefits are included or proposed at this time. The employer contribution rate is set by TMRS (Texas Municipal Retirement System) and is driven by factors such as employee turnover and tenure. TMRS is structured like a defined contribution plan, wherein employee contributions, interest credits, and an employer match combine to produce an amount that is annuitized at retirement. As a result, TMRS is not experiencing the financial difficulties faced by many defined benefit pension funds, both public and private. Firefighter pension fund issue While it is not funded in this Budget, we expect to resolve in FY07 the under-funding of City’s Firefighter Relief and Retirement Fund (FRRF). University Park Fire Department personnel are the only City employees who are not members of TMRS. They belong to a separate system that is governed by a local board made up of three firefighters, two local residents, and two City staff members. The FRRF is structured as a defined benefit plan and is currently underfunded on an actuarial basis. City staff is working with our firefighters, the Finance Advisory Committee, and TMRS to evaluate the possibility of merging UPFD personnel into TMRS. The advantages include better benefits to the employees, improved plan administration, portability of member contributions, and most importantly, membership in a financially sound system. As of this writing, TMRS is preparing retirement benefit projections for merged employees, and City staff is preparing an information campaign to communicate the details of a merger. The ultimate decision will require a vote of all UPFD personnel and City Council action. Staff will prepare alternatives for City Council consideration once details are available. HPISD Proposal Finally, the City has received a request from the Highland Park Independent School District and a group of parents to fund a school resource officer at the High School. HPISD also 4 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM requested that the City assume maintenance of the track at Germany Park. Both of these requests are now included in the proposed FY07 budget and are discussed in more detail later in this memorandum. External treatment costs (water and wastewater) The City faces steep increases in FY2007 for water treatment (from the Dallas County/Park Cities Municipal Utilities District or MUD) and wastewater treatment (from the City of Dallas Water Utilities). Both providers are increasing their wholesale rates to the City. Water costs The MUD is raising its rate per 1,000 gallons by 8.5%, from $1.1125 to $1.2071. This is higher than their projection one year ago, largely because of a reduction in the estimated gallons of water to be sold (from 2.136 to 2.098 billion gallons, a drop of 1.8%). With lower volume, the treatment costs cannot be spread as widely as with higher sales. The result is a 6.6% budget increase, from $2.376 million to $2.533 million. Based on water purchases of 2.098 billion gallons, City water revenues are projected to fall slightly, from $5.245 million to $5.214 million. Wastewater costs Dallas Water Utilities is also increasing its treatment charges by 5%, from $1.7771 to $1.869 per 1,000 gallons. The resulting dollar increase is further magnified by a startling 33% leap in University Park’s winter quarter water consumption. Some relief is provided by the 4.9% decrease in the infiltration/inflow (I/I) factor Dallas uses. The winter quarter consumption and I/I factor form the base upon which Dallas sets its sewer rate. These changes combine to produce a $602,000 increase in budgeted wastewater treatment charges. The higher winter average water use has already boosted City retail wastewater revenues, which will increase sharply, from $3.76 million in FY06 to a projected $4.42 million in FY07. Fuel/equipment costs The continued rise in gasoline and other fuels is well known. Although the City has three underground tanks for gasoline and diesel, as well as a propane tank, even bulk purchases cannot offset the sharp increases. The proposed budget includes a 20.5% ($59,200) increase in fuel purchases, from $288,200 to $347,400 citywide. The City budgets for equipment replacement by purchasing vehicles in the Equipment Services Fund and then charging an annual contribution back to the operating departments. This levels the impact on the annual budget. For FY07, equipment replacement contributions will total $544,000, up only 2% from $542,00 in FY06. Finally, maintenance costs are budgeted to increase 8% ($67,900) to $916,300. This represents the cost of operating the City’s garage and warehouse. Capital project contributions The FY07 budget continues the City’s successful practice of funding its capital projects on a pay-as-you-go rather than debt basis. FY07 will likely see the largest expenditure for capital projects in the City’s history. While funds for these projects have been accumulated over a number of years, construction is expected to begin in FY ‘07. The impact on our Capital Projects Fund balance and other Fund Balances will be significant. Reduction of these balances will also lower the invested balances in these funds, potentially reducing future interest earnings. The projects slated to begin during FY07 include: Goar Park and City Hall Improvements $14,000,000 5 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM (An additional $3.5 million is already under contract for Turtle Creek improvements) Northwest Parkway Wall (Airline to Turtle Creek Blvd.) 3,000,000 Germany Park booster pump station 3,500,000 Mile-per-year project 2,000,000 Overlay, alley, and curb & gutter Improvements 1,500,000 TOTAL $24,000,000 These outlays will be made from the City’s Capital Projects Fund and will not directly impact the FY07 budget. However, in continuing our pay-as-you-go approach, the FY07 budget includes over $5 million in planned capital project contributions from both the General Fund and Utility Fund. The $2.952 million from the General Fund and $2.069 from the Utility Fund represent a 3% increase over the prior year. The City includes these contributions in a department titled “Transfers.” Details are listed below. Contribution Description FY06 FY07 General govtl. projects (General Fund) $1,031,323 $1,053,063 Curb and gutter replacement (General Fund) 921,331 948,971 Asphalt overlay program (General Fund) 582,351 599,821 Mile-per-year (water/sewer/alley) replacement 331,957 341,916 (General Fund) Mile-per-year (water/sewer/alley) replacement 1,848,149 1,903,593 (Utility Fund) Fire hydrant installation (Utility Fund) 160,967 165,796 Total $4,876,078 $5,013,260 The first item, general governmental projects, will be used in FY07 to help fund the Northwest Parkway Wall Project. In addition to these budgeted operating contributions, the City sometimes transfers additional funds to the Capital Projects Fund each year. These transfers are made from unreserved fund balances in the General and Utility Funds by Council ordinance. Automation As noted in last year’s budget message, the downstream costs of automation are becoming more evident. Technology improvements have yielded many benefits for the City, including: a heavily used Web site; a successful Direct Alarm monitoring program; comprehensive electronic mapping; faster network and internet access; improved customer service via online billpay, service requests, and reservation abilities; enhanced police and fire response; and overall better quality of information for planning and decision-making. For every technology implementation, however, there is an ongoing operational element that must be funded. For FY07, technology related costs (programming and maintenance, software, and hardware) total $618,500, up 24% from last year’s $500,700. Of this total, police and fire technology requirements comprise nearly half, or $239,300, and public safety 6 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM projects represent over $93,000 of the $117,800 increase. Most of the technology expenditures citywide will occur in the General Fund -- $515,800 of $618,500 total. While these costs are considerable, they have become a cost of doing business as much as utilities or equipment. I commend our Information Services Department for the impressive work they do in supporting the City’s computer systems and users. The City enjoys a sound technology direction and is committed to properly maintaining the systems in place. Electricity and natural gas The FY07 budget includes an increase of nearly $100,000 citywide for energy costs, bringing the proposed total to $431,171. This 28% increase is the result of a comprehensive updating and projection of City energy costs. Actual costs for FY06 are expected to be over $400,000. Although the City is a member of the Cities Aggregation Power Project (CAPP), which purchases power on a large scale to get the best price, no relief is expected for electricity prices any time soon. Many electric plants rely on natural gas as fuel, so that rising natural gas prices have a double impact on consumers, including the City. On a positive note, the higher energy costs also translate into increased franchise fees for the City. 7 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM DISCUSSION OF BUDGETED FUNDS, TAXES, AND SPECIAL REQUESTS GENERAL FUND Revenue considerations This year’s proposed budget includes major adjustments to the City’s key non-property tax revenue projections. The projected sales tax amount, $3.1 million, is a 24% increase over FY06’s $2.5 million. The projection is based on actual monthly sales tax revenues following the reallocation project undertaken in 2005. Interest revenues are also projected to rise, from $450,000 to $600,000 in FY07. Short-term interest rates have now risen above 5.2% compared to about 3% one year ago. Building permit revenues are expected to continue at their current levels, which already greatly exceed the budgeted amount. Overall, non-property tax General Fund revenues are projected to grow by 15%. Tax rate decrease The City’s total certified taxable value rose by 11.36% compared to last year. The FY07 budget proposes to reduce the tax rate from $0.30958 to $0.29272 per $100 taxable value, a rate reduction of 5.45%. While the City is now debt-free and has no debt service portion of its property tax rate, it is helpful to think of Operations and Maintenance (O&M) as having an operations piece and a capital piece. The table below compares this year with the past three: Property tax rate comparison, FY04 – FY07 Adopted Adopted Adopted Proposed Tax purpose FY04 FY05 FY06 FY07 Operations $0.25488 $0.25427 $0.24312 $0.23126 Capital 0.07113 0.07112 0.06645 0.06146 Total O&M 0.32601 0.32539 0.30958 0.29272 Debt Service 0.00000 0.00000 0.00000 0.00000 Total Tax Rate $0.32601 $0.32539 $0.30958 $0.29272 For FY07, the market value of the average single-family home in University Park is $918,583, a The proposed tax rate results in a 5.3% 12.5% increase from last year’s $816,423. increase in the tax levy itself. The owner of an average home with a homestead exemption whose value did not increase in assessed value this year would pay $143 less in City taxes compared to FY06. As shown below, the owner of a home whose value increased by the citywide average would pay $129 more in City property taxes – less than $11 a month. Property tax levy comparison, FY04 – FY07 Adopted Adopted Adopted Proposed FY04 FY05 FY06 FY07 Assessed Value (Market) $717,626 $737,035 $816,423 $918,583 Less 20% Hmstd Exmp (143,525) (147,407) (163,285) (183,717) Taxable Value $574,101 $589,628 $653,138 $734,866 Tax Rate per $100 $0.32601 $0.32539 $0.30958 $0.29272 City Tax Levy $1,871.65 $1,918.59 $2,021.96 $2,151.12 8 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM Over the period FY04 to FY07, while the average single-family home in University Park increased 28% in market value, the City tax levy increased 15%. Of the three taxing jurisdictions within the city’s boundaries – the City, Dallas County, and HPISD -- the City portion comprises only 14% of a resident’s total tax bill. UTILITY FUND The proposed Utility Fund budget includes no rate increases for water, wastewater, or storm water charges. As noted earlier, however, both of the City’s external treatment providers are boosting their rates, resulting in a projected increase of over $750,000. The proposed Utility Fund budget is out of balance, with expenditures exceeding projected revenues by $362,000 (3% of the Fund’s $11 million expenditure budget). Because utility revenues and expenditures are so heavily volume dependent, and because these volumes may change dramatically from year to year, at this time I do not propose to increase water or sewer rates. Should water sales exceed the projected 2.098 billion gallons, it is likely the increased revenues will more than offset the current expected imbalance. Additionally, unlike property taxes, utility rates can be changed during the fiscal year. If actual conditions indicate a need for a rate hike, staff will return to the Council with detailed alternatives. SANITATION FUND Unlike the General and Utility Funds, Sanitation Fund revenues only increase if rates are raised or the number of serviced locations increases. In prior years, the Fund routinely expended less than its budget, which allowed it to finish the year with a positive balance. Last year, the proposed budget contained a 20% increase in sanitation rates. The Fund is expected to finish FY06 with a positive balance, and the budget for FY07 projects a break- even status. Consistent with past years, however, the Sanitation Budget contains a $100,000 placeholder (labeled “Disposal Fees Contingency” in the line-item budget), which is intended to allow accumulation of reserves toward future landfill needs. Further, Sanitation expenditures typically end the year several percent below budget, providing an additional margin for the Fund’s health. No new personnel are proposed, and landfill tipping fee estimates have been decreased based on actual expenditure history. REQUESTS FROM HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT Included with the Proposed FY07 budget message are two attachments. ? Attachment “A” is a request from HPISD Superintendent Dr. Cathy Bryce that the City 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. The Park Director is preparing a report to discuss costs and alternatives. ? Attachment “B” is a request from a group of parents and HPISD to fund a full-time 9 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM 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. A group of nd parents attended the August 22 public hearing on the budget to voice their support for the request. Both items are now included in the proposed budget. Their addition has boosted the tax increase needed, so that the original proposed tax rate of $0.28772 has been changed to $0.29272. The resulting impact on the average single-family home is $37. CONCLUSION The proposed budget has now been reviewed and recommended by the Employee Benefits, Finance, and Insurance Advisory Committees. Staff has scheduled the necessary public hearings and begun publishing the official notices, according to the State Truth in Taxation law. Staff proposes the following schedule for the FY2007 budget’s adoption: Date Day Description August 1 Tuesday Submit proposed budget to City Council; vote to hold public hearing re: proposed tax rate and budget August 10 Thursday Original public hearing notice appears in Park Cities News August 17 Thursday Second public hearing notice appears in News August 22 Tuesday Receive staff briefing on proposed budget Hold first public hearing re: proposed tax rate and budget; vote to hold new hearings with revised tax rate August 31 Thursday Revised public hearing notice appears in News September 7 Thursday Hold public hearing re: proposed tax rate September 7 Thursday Second public hearing notice appears in News September 14 Thursday Hold second public hearing September 21 Thursday Notice of vote to adopt tax rate appears in News September 26 Tuesday Approve ordinances adopting budget, tax rate, salary plan October 1 Sunday New budget takes effect Staff looks forward to meeting with the City Council and advisory committees to discuss the budget in more detail. We will be happy to provide any additional information that will be helpful during your consideration. 10 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM CITY OF UNIVERSITY PARK, TEXAS FY 2007 BUDGET SUMMARY BY FUND AND DEPARTMENT 08/31/2006 FY2005FY2006FY2007 ADOPTEDPROPOSEDDOLLARPERCENT ADOPTED BUDGETBUDGETBUDGETCHANGECHANGE GENERAL FUND 01-11 REVENUES 21,083,215 22,172,114 24,187,624 2,015,510 9.09% 9.09% TOTAL GENERAL FUND REVENUES$21,083,215 $22,172,114 $24,187,624$2,015,510 EXPENDITURES 01-02 EXECUTIVE 750,884 786,315 906,784 120,469 15.32% 6.26% 01-03 FINANCE 955,847 998,131 1,060,625 62,494 2.49% 01-04 HUMAN RESOURCES 329,554 334,340 342,661 8,321 7.87% 01-05 INFORMATION SERVICES 520,191 705,241 760,751 55,510 01-10 COURT 262,831 275,536 272,132 (3,404)-1.24% 13.45% 01-19 BUILDING 623,731 659,492 748,204 88,712 7.06% 01-20 ENGINEERING 884,966 842,530 901,974 59,444 6.50% 01-25 TRAFFIC 778,387 797,368 849,197 51,829 01-35 FACILITY MAINTENANCE 613,693 638,929 695,567 56,638 8.86% 10.41% 01-40 FIRE 3,837,102 4,041,469 4,462,340 420,871 13.30% 01-50 POLICE 4,854,780 5,057,785 5,730,453 672,668 12.95% 01-70 PARKS 2,102,110 2,254,602 2,546,522 291,920 01-75 SWIMMING POOL 147,969 164,968 173,946 8,978 5.44% 3.82% 01-80 STREETS 1,612,334 1,726,473 1,792,422 65,949 2.68% 01-85 TRANSFERS 2,793,166 2,866,962 2,943,871 76,909 9.20% TOTAL GENERAL FUND EXPENDS.$21,067,545 $22,150,141 24,187,449 2,037,308 DIFFERENCE$15,670 $21,973 $175 (21,798)   UTILITY FUND 10,670,195 6.57% 02-11 REVENUES 10,222,831 10,012,388 657,807 6.57% TOTAL UTILITY FUND REVENUES$10,222,831 $10,012,388 10,670,195 657,807 EXPENDITURES 5,987,12816.12% 02-21 UTILITY OFFICE 5,760,061 5,155,859 831,269 4.91% 02-22 UTILITIES 2,731,658 2,836,704 2,975,942 139,238 02-85 TRANSFERS 1,950,598 2,009,116 2,069,389 60,273 3.00% 10.31% TOTAL UTILITY FUND EXPENDS.$10,442,317 $10,001,679 11,032,459 1,030,780 DIFFERENCE($219,486)$10,709 ($362,264) (372,973) SANITATION FUND 04-11 REVENUES 2,231,450 2,658,540 2,660,500 1,960 0.07% TOTAL SANITATION FUND REVENUES$2,231,450$2,658,540$2,660,5000.07% 1,960 EXPENDITURES 04-60 SANITATION 2,663,410 2,649,308 2,659,860 10,552 0.40% TOTAL SANITATION FUND EXPENDS.$2,663,410$2,649,308 2,659,8600.40% 10,552 DIFFERENCE($431,960)$9,232$640 (8,592) 7.68% TOTAL REVENUES$33,537,496 $34,843,042 $37,518,319 2,675,277 TOTAL EXPENDITURES$34,173,272 $34,801,128 $37,879,768 3,078,640 8.85% DIFFERENCE($635,776)$41,914 ($361,449)($403,363) 11 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM CITY OF UNIVERSITY PARK, TEXAS FY2007 PROPOSED BUDGET PROPERTY TAX IMPACT 08/31/2006 FY2005FY2006FY2007 ADOPTEDADOPTEDPROPOSEDDOLLARPERCENT BUDGETBUDGETBUDGETCHANGECHANGE TOTAL TAXABLE VALUE (CERTIFIED) 3,927,730,289 4,314,149,841 4,804,267,737$ 490,117,896 11.36% TOTAL GENERAL FUND REVENUES$ 21,083,215$ 22,172,114$ 24,187,624$ 2,015,510 9.09% NON PROPERTY TAX REVENUE Sales tax$ 2,210,220$ 2,500,000$ 3,100,000$ 600,000 24.00% Franchise fees 2,060,000 2,060,000 2,185,000$ 125,000 6.07% Building permits 1,100,000 1,130,000 1,300,000$ 170,000 15.04% Traffic/parking fines 360,000 360,000 360,000$ - 0.00% Service charges 414,160 414,160 474,160$ 60,000 14.49% Direct alarm monitoring fees 450,000 514,000 540,000$ 26,000 5.06% Interest income 350,000 450,000 600,000$ 150,000 33.33% Utility Fund contribution 550,000 550,000 550,000$ - 0.00% Miscellaneous 596,906 626,906 781,760$ 154,854 24.70% TOTAL NON PROPERTY TAX REV.$ 8,091,286$ 8,605,066$ 9,890,920$ 1,285,854 14.94% PROPERTY TAX REVENUE Operations & Maintenance (O&M) need$ 12,780,429$ 13,355,548$ 14,063,204$ 707,656 5.30% Penalty/interest & attorney's fees 120,000 120,000 135,000$ 15,000 12.50% Delinquent (prior years) taxes 91,500 91,500 98,500$ 7,000 7.65% TOTAL PROP TAX OP REQUEST$ 12,991,929$ 13,567,048$ 14,296,704$ 729,656 5.38% DEBT SERVICE REQUIREMENT$ -$ -$ -$ - 0.00% PROPERTY TAX RATE Operations & Maintenance (O&M)$ 0.32539$ 0.30958$ 0.29272$ (0.01685) -5.44% Debt Service - - -$ - 0.00% Total Property Tax Rate per $100$ 0.32539$ 0.30958$ 0.29272$ (0.01685) -5.44% IMPACT ON HOMEOWNER Average single-family market value$ 737,035$ 816,423$ 918,583$ 102,160 12.51% Less: 20% homestead exemption (147,407) (163,285) (183,717)$ (20,432) 12.51% Average single-family taxable value 589,628 653,138 734,866$ 81,728 12.51% Tax levy$ 1,919$ 2,022$ 2,151$ 129 6.39% EFFECTIVE TAX RATE$ 0.297868$ 0.283909 DIFFERENCE (PROPOSED RATE LESS ETR)$ 0.011707$ 0.008814 INCREASE3.93%3.10% 12 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM CITY OF UNIVERSITY PARK, TEXAS FY2007 PROPOSED BUDGET TEXAS LOCAL GOVERNMENT CODE REQUIREMENTS -- 1 OF 2 CHAPTER 102: MUNICIPAL BUDGET SECTION 003 ITEMIZED BUDGET; CONTENTS (a) Provide a comparison of expenditures in the See attached proposed budget and actual expenditures for the page. preceding year. (b) Budget must contain a complete financial statement of the municipality that shows: GeneralUtilitySanitationTotal Outstanding obligations of the municipality (1) (8/31/06): Accounts Payable 103,568 193,362 14,016 310,946 Debt - - - - Total$ 103,568$ 193,362$ 14,016$ 310,946 Cash on hand to the credit of each fund (2) (8/31/06): Cash (52,777) - - (52,777) TexPool 1,069,576 837,037 228,041 2,134,654 TexStar 1,337,351 129,225 118,338 1,584,914 Total$ 2,354,150$ 966,262$ 346,378$ 3,666,791 Funds received from all sources during the (3) preceding year (FY05) $ 25,289,309$ 10,252,070$ 2,171,243$ 37,712,622 Funds available from all sources during the (4) ensuing year (FY06) Beginning of year fund balances: 10,964,769 4,598,555 521,987 16,085,311 Estimated revenues 23,100,000 10,996,000 2,650,000 36,746,000 Total funds available from all sources$ 34,064,769$ 15,594,555$ 3,171,987$ 52,831,311 Estimated revenue available to cover the (5) proposed budget: $24,187,624$10,670,195$2,660,500$37,518,319 Estimated tax rate required to cover the (6) proposed budget. $0.29272 / $100 13 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM CITY OF UNIVERSITY PARK, TEXAS FY2007 PROPOSED BUDGET TEXAS LOCAL GOVERNMENT CODE REQUIREMENTS -- 2 OF 2 CHAPTER 102: MUNICIPAL BUDGET SECTION 003(a): ITEMIZED BUDGET; CONTENTS FY06 FY06 FY06 FY07 ADOPTED AMENDED ESTIMATED PROPOSED BUDGETBUDGETACTUALBUDGET% CHANGE$ CHANGE GENERAL FUND 01-11 REVENUES$22,172,114 $22,183,269 $23,100,000 $24,187,624 9.09%$2,015,510 TOTAL GENERAL FUND REVENUES$22,172,114 $22,183,269 $23,100,000 $24,187,624 9.09%$2,015,510 EXPENDITURES 01-02 EXECUTIVE$786,315 $986,718 $913,600 $906,784 15.32%$120,469 01-03 FINANCE$998,131 $998,322 $998,000 $1,060,625 6.26%$62,494 01-04 HUMAN RESOURCES$334,340 $334,596 $325,000 $342,661 2.49%$8,321 01-05 INFORMATION SERVICES$705,241 $835,532 $675,000 $760,751 7.87%$55,510 01-10 COURT$275,536 $275,536 $280,000 $272,132 -1.24%($3,404) 01-19 BUILDING$659,492 $692,992 $665,000 $748,204 13.45%$88,712 01-20 ENGINEERING$842,530 $905,616 $895,000 $901,974 7.06%$59,444 01-25 TRAFFIC$797,368 $860,444 $815,000 $849,197 6.50%$51,829 01-35 FACILITY MAINTENANCE$638,929 $679,902 $645,000 $695,567 8.86%$56,638 01-40 FIRE$4,041,469 $4,106,457 $3,995,000 $4,462,340 10.41%$420,871 01-50 POLICE$5,057,785 $5,176,685 $5,175,000 $5,730,453 13.30%$672,668 01-70 PARKS$2,254,602 $2,289,583 $2,289,000 $2,546,522 12.95%$291,920 01-75 SWIMMING POOL$164,968 $164,968 $160,000 $173,946 5.44%$8,978 01-80 STREETS$1,726,473 $1,861,281 $1,776,000 $1,792,422 3.82%$65,949 01-85 TRANSFERS$2,866,962 $2,866,962 $2,866,962 $2,943,871 2.68%$76,909 TOTAL GENERAL FUND EXPENDITURES$22,150,141 $23,035,594 $22,473,562 $24,187,449 9.20%$2,037,308 DIFFERENCE$21,973 ($852,325)$626,438 $175   UTILITY FUND $ 657,807 02-11 REVENUES$10,012,388 $10,012,388 $10,996,000 $10,670,195 0.00% TOTAL UTILITY FUND REVENUES$10,012,388 $10,012,388 $10,996,000 $10,670,195 0.00%$ 657,807 EXPENDITURES $ 831,269 02-21 UTILITY OFFICE$5,155,859 $5,155,859 $5,493,292 $5,987,128 16.12% $ 139,238 02-22 UTILITIES$2,836,704 $3,072,550 $2,740,146 $2,975,942 4.91% $ 60,273 02-85 TRANSFERS$2,009,116 $2,009,116 $2,009,116 $2,069,389 3.00% $ 1,030,780 TOTAL UTILITY FUND EXPENDITURES$10,001,679 $10,237,525 $10,242,554 $11,032,459 10.31% DIFFERENCE$10,709 ($225,137)$753,446 ($362,264) SANITATION FUND 04-11 REVENUES$2,658,540$2,658,540$2,650,000$2,660,5000.07%$1,960 TOTAL SANITATION FUND REVENUES$2,658,540$2,658,540$2,650,000$2,660,5000.07%$1,960 EXPENDITURES 04-60 SANITATION$2,649,308$2,652,308$2,420,000$2,659,8600.40%$10,552 TOTAL SANITATION FUND EXPENDITURES$2,649,308$2,652,308$2,420,000$2,659,8600.40%$10,552 DIFFERENCE$9,232$6,232$230,000$640 TOTAL REVENUES$34,843,042 $34,854,197 $36,746,000 $37,518,319 7.68%$2,675,277 TOTAL EXPENDITURES$34,801,128 $35,925,427 $35,136,116 $37,879,768 8.85%$3,078,640 DIFFERENCE$41,914 ($1,071,230)$1,609,884 ($361,449) 14 \\srvchfp\UPPublic\Finance\BUDGET07\CM Budget Letter FY2007 v2.doc 09/21/06 11:23 AM ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE FISCAL YEAR 2006-2007 ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF UNIVERSITY PARK AS OF JANUARY 1, 2006, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENDITURES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, all notices have been given and public hearings held as required by law to adopt a tax rate for 2006; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That there be and is hereby levied for the year 2006, on all taxable property, real, personal and mixed, situated within the limits of the City of University Park, Texas as of January 1, 2006, and not exempt by the Constitution of the State and valid State laws, a tax of $0.29272 on each $100.00 assessed valuation of taxable property, and such taxes shall be apportioned and distributed as follows: (A) $0.29272 on each and every $100.00 valuation of said property is hereby levied and assessed to provide revenues for maintenance and operations of City government and current expenses thereof; and (B) That no rate is set for debt service because the City of University Park currently has no bonded indebtedness. SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2006, and all ad valorem taxes for the year shall become delinquent after January 31, 2007. That in addition to any statutory exemptions for the 2006 tax year, the City Council hereby authorizes a General Homestead Exemption of twenty percent (20%) of the assessed value and an Over Sixty-five Years of Age Exemption of $50,000.00 on the assessed value. P:\Finance\BUDGET07\Tax Ordinance for 2006.doc SECTION 3. That a delinquent tax shall incur all penalty and interest authorized by law, including a penalty of six percent (6%) on the amount of the tax for the first calendar month it is delinquent, plus one percent (1%) for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. A tax delinquent on July 1 incurs a total penalty of twelve percent (12%) of the amount of the delinquent tax, without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue at the rate of one percent (1%) for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 2007, incur an additional penalty of fifteen percent (15%) of the amount of the taxes, penalty and interest due. Such additional penalty is to defray costs of collection due to a contract with the City's tax collection attorney pursuant to Section 33.07 of the Tax Code. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid. SECTION 6. This ordinance shall take effect on October 1, 2006. DULY PASSED by the City Council of the City of University Park, Texas, on the 26th day of September, 2006. P:\Finance\BUDGET07\Tax Ordinance for 2006.doc APPROVED: ____________________________________ JAMES H. HOLMES, III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY P:\Finance\BUDGET07\Tax Ordinance for 2006.doc ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has heretofore approved the tax roll prepared and presented by the Dallas Central Appraisal District as required by the Tax Code; and WHEREAS, the City Manager of the City of University Park has submitted to the City Council a proposed budget of the revenues and expenditures of conducting the affairs of the City and providing a complete financial plan for 2006-2007; and WHEREAS, the City Council has received the City Manager's proposed budget, a copy of which proposed budget and all supporting schedules have been filed with the City Secretary of the City of University Park; and WHEREAS, the City Council has conducted the necessary public hearings as required by law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the proposed budget of the revenues and expenditures of conducting the affairs of the City of University Park, providing a complete financial plan for the ensuing fiscal year beginning October 1, 2006, and ending September 30, 2007, as submitted to the City Council by the City Manager, be, and the same is hereby, in all things adopted and approved as the budget of all current revenues and expenditures of the City for the fiscal year beginning October 1, 2006, and ending September 30, 2007. SECTION 2. That the sum of $37,879,768 is hereby appropriated for the payment of the expenditures established in the approved budget, attached hereto as Exhibit "A" and made part hereof for all purposes. SECTION 3. That the City Council reserves the authority to transfer appropriations P:\Finance\BUDGET07\Budget Ordinance for FY2007.doc budgeted from one account or activity to another within any individual activity of the City and to transfer appropriations from designated appropriations to any individual department or activity. That all transfers of appropriations budgeted from one account or activity to another within any individual activity for the fiscal year 2005-2006 are hereby ratified and the Budget Ordinance for 2005-2006, heretofore enacted by the City Council, be, and the same is hereby, amended to the extent of such transfers for all purposes. SECTION 4. That all notices and public hearings required by law have been duly completed. That the City Secretary is directed to provide a certified copy of the budget ordinance to the County Clerk of Dallas County for recording after final passage hereof. SECTION 5. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid. SECTION 7. This ordinance shall take effect immediately from and after its passage as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 26th day of September, 2006. P:\Finance\BUDGET07\Budget Ordinance for FY2007.doc APPROVED: ____________________________________ JAMES H. HOLMES, III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY P:\Finance\BUDGET07\Budget Ordinance for FY2007.doc EXHIBIT “A” CITY OF UNIVERSITY PARK, TEXAS FY 2007 BUDGET SUMMARY BY FUND AND DEPARTMENT 08/31/2006 FY2005FY2006FY2007 ADOPTEDPROPOSEDDOLLARPERCENT ADOPTED BUDGETBUDGETBUDGETCHANGECHANGE GENERAL FUND 01-11 REVENUES 21,083,215 22,172,114 24,187,624 2,015,510 9.09% 9.09% TOTAL GENERAL FUND REVENUES$21,083,215 $22,172,114 $24,187,624$2,015,510 EXPENDITURES 01-02 EXECUTIVE 750,884 786,315 906,784 120,469 15.32% 6.26% 01-03 FINANCE 955,847 998,131 1,060,625 62,494 2.49% 01-04 HUMAN RESOURCES 329,554 334,340 342,661 8,321 7.87% 01-05 INFORMATION SERVICES 520,191 705,241 760,751 55,510 01-10 COURT 262,831 275,536 272,132 (3,404)-1.24% 13.45% 01-19 BUILDING 623,731 659,492 748,204 88,712 7.06% 01-20 ENGINEERING 884,966 842,530 901,974 59,444 6.50% 01-25 TRAFFIC 778,387 797,368 849,197 51,829 01-35 FACILITY MAINTENANCE 613,693 638,929 695,567 56,638 8.86% 10.41% 01-40 FIRE 3,837,102 4,041,469 4,462,340 420,871 13.30% 01-50 POLICE 4,854,780 5,057,785 5,730,453 672,668 12.95% 01-70 PARKS 2,102,110 2,254,602 2,546,522 291,920 01-75 SWIMMING POOL 147,969 164,968 173,946 8,978 5.44% 3.82% 01-80 STREETS 1,612,334 1,726,473 1,792,422 65,949 2.68% 01-85 TRANSFERS 2,793,166 2,866,962 2,943,871 76,909 9.20% TOTAL GENERAL FUND EXPENDS.$21,067,545 $22,150,141 24,187,449 2,037,308 DIFFERENCE$15,670 $21,973 $175 (21,798)   UTILITY FUND 10,670,195 6.57% 02-11 REVENUES 10,222,831 10,012,388 657,807 6.57% TOTAL UTILITY FUND REVENUES$10,222,831 $10,012,388 10,670,195 657,807 EXPENDITURES 5,987,12816.12% 02-21 UTILITY OFFICE 5,760,061 5,155,859 831,269 4.91% 02-22 UTILITIES 2,731,658 2,836,704 2,975,942 139,238 02-85 TRANSFERS 1,950,598 2,009,116 2,069,389 60,273 3.00% 10.31% TOTAL UTILITY FUND EXPENDS.$10,442,317 $10,001,679 11,032,459 1,030,780 DIFFERENCE($219,486)$10,709 ($362,264) (372,973) SANITATION FUND 04-11 REVENUES 2,231,450 2,658,540 2,660,500 1,960 0.07% TOTAL SANITATION FUND REVENUES$2,231,450$2,658,540$2,660,5000.07% 1,960 EXPENDITURES 04-60 SANITATION 2,663,410 2,649,308 2,659,860 10,552 0.40% TOTAL SANITATION FUND EXPENDS.$2,663,410$2,649,308 2,659,8600.40% 10,552 DIFFERENCE($431,960)$9,232$640 (8,592) 7.68% TOTAL REVENUES$33,537,496 $34,843,042 $37,518,319 2,675,277 TOTAL EXPENDITURES$34,173,272 $34,801,128 $37,879,768 3,078,640 8.85% DIFFERENCE($635,776)$41,914 ($361,449)($403,363) P:\Finance\BUDGET07\Budget Ordinance for FY2007.doc ORDINANCE NO. 06/ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A PAY PLAN FOR EMPLOYEES OF THE CITY OF UNIVERSITY PARK FOR FY 2006-2007, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, as provided in Chapter 8, Article 8.500 of the Code of Ordinances of the City of University Park, Texas, a pay plan to compensate employees of the City of University Park for FY 2006-2007 is adopted to wit: 1. PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES _____________________________________________________________________________________ TITLE POINTS MIN. MARKET MAX. DIRECTOR OF PUBLIC WORKS E 904 8744 10122 12098 DIRECTOR OF FINANCE E 755 7633 8836 10551 CHIEF OF POLICE E 732 7462 8638 10314 FIRE CHIEF E 732 7462 8638 10314 DIRECTOR OF HUMAN RESOURCES E 677 7052 8164 9748 DIRECTOR OF PARKS E 636 6746 7809 9325 CITY ENGINEER E 611 6560 7594 9068 POLICE CAPTAIN – (OLD RANGE) E 594 6433 7447 8892 DIRECTOR OF INFORMATION SERVICES E 588 6388 7395 8830 CONTROLLER E 551 6112 7075 8448 ASST. DIR. OF PUBLIC WORKS E 551 6112 7075 8448 POLICE CAPTAIN – (NEW RANGE) E 516 5851 6555 7828 DEPUTY FIRE CHIEF E 516 5851 6555 7828 FIRE MARSHAL E 479 5576 6455 7708 COMMUNITY DEVELOPMENT MANAGER E 479 5576 6455 7708 UTILITIES SUPERINTENDENT E 432 5526 6050 7224 SANITATION SUPERINTENDENT E 421 5144 5955 7110 MGMT. SYSTEMS COORDINATOR E 417 5115 5921 7070 FLEET MANAGER E 406 5032 5825 6956 COMMUNITY INFORMATION OFFICER E 382 4854 5619 6710 CITY SECRETARY E 353 4638 5369 6411 CIVIL ENGINEER II E 353 4638 5369 6411 SR. NETWORK ADMINISTRATOR E 353 4638 5369 6411 ACCOUNTING MANAGER E 344 4570 5290 6317 PC, NETWORK & WEB SPECIALIST E 344 4570 5290 6317 PURCHASING AGENT E 332 4481 5187 6194 ASST. TO DIR. OF PUBLIC WORKS E 332 4481 5187 6194 POLICE ACCREDITATION MGR (PT) E 332 4481 5187 6194 POLICE COMM./RECORDS SUPERVISOR E 323 4409 5104 6094 PARKS SUPERINTENDENT E 318 4377 5067 6050 CIVIL ENGINEER I E 314 4347 5032 6009 COURT ADMINISTRATOR E 308 4302 4980 5947 GIS COORDINATOR E 298 4227 4893 5843 ASSET MANAGEMENT COORDINATOR E 298 4227 4893 5843 UTILITY BILLING MANAGER E 291 4176 4834 5772 ASSTISTANT TO CITY MANAGER E 216 3424 3964 4733 NON-EXEMPT EMPLOYEES _____________________________________________________________________________________ TITLE GRADE PTS. MIN. MARKET MAX. CONSTRUCTION INSPECTOR N 58 296 4103 4750 5671 BUILDING INSPECTOR III N 58 296 4103 4750 5671 EQUIP. SHOP SUPERVISOR N 57 269 3811 4412 5268 TRAFFIC SUPERVISOR N 57 269 3811 4412 5268 PARK SUPERVISOR N 57 269 3811 4412 5268 SANITATION CREW LEADER N 57 269 3811 4412 5268 MAINTENANCE SUPERVISOR N 57 269 3811 4412 5268 BUILDING INSPECTOR II N 57 269 3811 4412 5268 BUILDING INSPECTOR I N 56 245 3552 4112 4910 WAREHOUSE SUPERVISOR N 56 245 3552 4112 4910 CODE ENFORCEMENT OFCR. N 56 245 3552 4112 4910 NEIGHBORHOOD INTEGRITY OFCR N 56 245 3552 4112 4910 ENGINEERING TECH. N 56 245 3552 4112 4910 TRAFFIC TECHNICIAN II N 56 245 3552 4112 4910 PLANNING ASSISTANT N 56 245 3552 4112 4910 FIRE ADMIN. ASSISTANT N 55 216 3238 3748 4476 POLICE ADMIN. ASSISTANT N 55 216 3238 3748 4476 GARDENER III N 55 216 3238 3748 4476 FORESTRY TECHNICIAN N 55 216 3238 3748 4476 HORTICULTURIST N 55 216 3238 3748 4476 IRRIGATION TECHNICIAN N 55 216 3238 3748 4476 PESTICIDE TECHNICIAN N 55 216 3238 3748 4476 EQUIP. SERVICE TECHNICIAN N 55 216 3238 3748 4476 WELDING TECHNICIAN N 55 216 3238 3748 4476 POLICE RECORDS CLERK N 54 191 2968 3436 4103 PAYROLL SPECIALIST N 54 191 2968 3436 4103 HUMAN RESOURCES ASST. N 54 191 2968 3436 4103 WAREHOUSE/EQUIP SERV ASST N 54 191 2968 3436 4103 BUILDING & ZONING ASST. N 54 191 2968 3436 4103 ACCOUNTS PAYABLE SPECIALIST N 54 191 2968 3436 4103 FACILITIES MAINT. TECH. N 54 191 2968 3436 4103 DISPATCHER N 54 191 2968 3436 4103 ANIMAL CONTROL OFFICER N 54 191 2968 3436 4103 SIGNS/MARKINGS TECH II N 54 191 2968 3436 4103 MAINTENANCE TECH II N 54 191 2968 3436 4103 SR. UTILITY BILLING SPECIALIST N 53 160 2634 3049 3641 ADMIN. SECRETARY N 53 160 2634 3049 3641 PARKING ENFORCEMENT OFFICER N 53 160 2634 3049 3641 SANITATION DRIVER III N 53 160 2634 3049 3641 TRAFFIC TECHNICIAN I N 53 160 2634 3049 3641 LUBE & TIRE TECHNICIAN N 53 160 2634 3049 3641 SIGNS/MARKINGS TECH I N 53 160 2634 3049 3641 POLICE ALARM PERMIT CLERK N 53 160 2634 3049 3641 LEAD CUSTODIAN N 52 143 2449 2835 3385 CID CLERK (PT) N 52 143 2449 2835 3385 UTILITY BILLING SPECIALIST N 52 143 2449 2835 3385 MAIL/UTILITY BILLING SPECIALIST N 52 143 2449 2835 3385 DEPUTY COURT CLERK N 52 143 2449 2835 3385 SANITATION DRIVER II N 52 143 2449 2835 3385 GARDENER II N 52 143 2449 2835 3385 MAINTENANCE TECH I N 52 143 2449 2835 3385 RECEPTIONIST N 52 143 2449 2835 3385 SANITATION DRIVER I N 51 119 2190 2535 3027 WAREHOUSE PARTS RUNNER N 51 119 2190 2535 3027 CUSTODIAN N 50 99 1975 2286 2730 GARDENER I N 50 99 1975 2286 2730 POLICE DEPARTMENT _____________________________________________________________________________________ TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 _____________________________________________________________________________________ POLICE LT. 6053 6356 POLICE SGT. 5490 5765 POLICE OFFICER 4097 4302 4517 4743 4980 5229 POLICE RECRUIT 3717 3903 FIRE DEPARTMENT _____________________________________________________________________________________ TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 _____________________________________________________________________________________ FIRE SECTION CHIEF 6517 6843 FIRE CAPTAIN 5804 6094 FIRE LIEUTENANT 5538 DRIVER/ENGINEER 5366 FIREFIGHTER 3911 4107 4312 4527 4754 4992 FF RECRUIT 3581 PARAMEDIC $125 PER MONTH ASSIGNMENT PAY PLUS $20 FOR EACH SHIFT ASSIGNED TO MICU INSPECTOR $50 PER MONTH ASSIGNMENT PAY PRECEPTOR 5% OF BASE PAY WHILE ASSIGNED AS PRECEPTOR PART TIME AND TEMPORARY EMPLOYEES Pay to be determined by the Director of Human Resources. 2. PAY PLAN ADMINISTRATION: (a) Non-uniformed Pay Plan. The pay plan presented herein for positions except uniformed police and fire defines the range of pay for each position in the city. There will be two steps between minimum and market, with minimum designated as Step 1 and market pay designated as Step 4, that range being designated as both a hiring and probationary range. Market pay (Step 4) of each range is considered the rate of pay for a fully trained, competent employee. There will be five steps between market pay and maximum, with maximum designated as Step 10, that range being designated for merit pay. Progression from one step to the next higher step shall be based solely on performance as approved by the department head or city manager and will be effective on an employee’s evaluation date. (b) Uniformed Police and Fire Pay Plan. In order to receive a step increase, each employee must meet the time-in-service requirement and have a performance evaluation that is at least “Meets Expectations.” If an employee does not meet the performance evaluation requirement, the supervisor may set a time for re-evaluation and reconsideration of the step increase if improved performance is recognized. 3. ASSIGNMENT PAY: Paramedic and Fire Inspector positions are not specified as rank, but are designated as an assignment and receive assignment pay as follows: Paramedic $125 per month plus $20 for each shift assigned to MICU Inspector $50 per month Preceptor 5% of base pay while assigned as Preceptor The assignment pay will be in addition to the pay allocated for the rank at the time of assignment. For example, a firefighter assigned as paramedic will receive the pay for a firefighter plus $125 per month plus $20 for each shift assigned to the MICU. If the employee discontinues the paramedic assignment, that employee reverts back to the previous rank and the assignment pay is discontinued. The same is true if the reassignment is made with cause or is in the best interest of the department. Fire Department employees will not be eligible for assignment pay while on leave for any reason. Police officers assigned to CID rotation will receive assignment pay as follows: CID 5% of base pay Warrant Officer 5% of base pay Field Training Officer 5% of base pay 4. WORK EXPERIENCE PERIOD: The work experience period is one year under normal circumstances for uniformed police and fire and six months for all other employees. Nothing herein prevents the extension of a work experience period or prevents any department head from delaying or withholding pay increases for just and compelling reasons. 5. SHIFT DIFFERENTIAL PAY: Dispatchers who work the evening shift will receive an additional pay of $25 per month. Police Officers, Police Sergeants, Police Lieutenants, and Dispatchers who work deep night shift will receive an additional pay of $50 per month. These employees must maintain a performance evaluation that “Meets Expectations” in order to be eligible for the shift differential pay. 6. LONGEVITY: All police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of 25 years. All other employees of the City shall receive longevity pay at the same rate as police and fire personnel. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first of the month. 7. EDUCATION AND CERTIFICATION PAY: (a) Uniformed personnel in the Fire Department shall receive incentive pay for college education hours in Fire Protection Technology. This plan does not include the rank of Captain or higher except as designated below. Fire Lieutenant is eligible for education pay only for eighteen hours and above. 1. Twelve (12) hours $20.00 per month 2. Eighteen (18) hours $30.00 per month 3. Thirty-six (36) hours $ 40.00 per month 4. Assoc. degree or 60 hours $ 50.00 per month 5. Bachelor’s degree as recognized by the Texas Fire Commission $100.00 per month Employees promoted to Fire Captain after January 1, 1997 will be eligible for incentive pay for college education hours in Fire Protection Technology under the following plan: 1. Assoc. degree or 60 hours $25.00 per month 2. Bachelor’s degree as recognized by the Texas Fire Commission $75.00 per month Employees promoted to Section Chief after January 1, 1997 will be eligible for incentive pay for college education hours in Fire Protection Technology under the following plan: 1. Bachelor’s degree as recognized by the Texas Fire Commission $75.00 per month The Fire Chief must review and approve the subjects and the plan of study prior to instigation by the employee in order to eligible for the pay described above. In addition to the above, uniformed Fire Department personnel will be eligible for the following incentive pay for certification beyond basic. This does not pertain to ranks of Lieutenant and above except as designated below: 1. Intermediate $25.00 per month 2. Advanced $50.00 per month 3. Master’s $75.00 per month Employees promoted to Fire Captain or Fire Lieutenant after January 1, 1997 will be eligible for incentive pay for the following certifications: 1. Advanced $25.00 per month 2. Master’s $50.00 per month Employees promoted to Section Chief after January 1, 1997 will be eligible for incentive pay for the following certifications: 1. Master’s $25.00 per month No Fire Department personnel shall receive more than $125 per month in incentive pay. (b) Patrol Officers are eligible for educational incentive pay as follows: 1. Assoc. degree or 60 hours $ 50.00 per month 2. Bachelor’s degree $100.00 per month Police Lieutenants and Sergeants are eligible for educational incentive pay as follows: 1. Bachelor’s degree $75.00 per month In addition to the above, Patrol Officers are eligible for certification pay incentive according to the TCLEOSE certification held: 1. Intermediate $25.00 per month 2. Advanced $50.00 per month Police Lieutenants and Sergeants are eligible for certification pay incentive according to the following: 1. Advanced $25.00 per month No police personnel shall receive more than $125 per month in incentive pay. 8. MASTER POLICE OFFICER: The Master Police Officer designation is discontinued as of 10/01/00. Any Police Officer who carries the Master Police Officer designation as of 10/01/00 will continue to hold the designation until such time he/she no longer meets the qualifications set forth below. Any Officer who loses the designation will not be eligible to regain it. The designation will continue to carry a fifty dollar ($50) per month assignment pay. The qualifications for this designation are as follows: a. Must have been with the University Park Police Department for five (5) years or with the UP Police Department for two (2) years and hold an Advanced TCLEOSE Certification; b. Must maintain a performance evaluation that “Meets Expectations” for the past two years; c. Must not have had any preventable accidents within the last eighteen (18) months; d. Must not have had any suspensions within two (2) years, any written reprimands within one (1) year, or any oral reprimands within the past six (6) months; e. Must complete Field Training Officer School and must qualify and perform as a Field Training Officer; f. Upon obtaining the Master Police Officer designation, the officer must successfully complete both basic supervision and intermediate traffic accident training; g. Must demonstrate proficiency with service weapons; and h. Must complete one Criminal Investigation school. 9. OVERTIME PAY: Overtime pay will be applied as described in Administrative Order PRS-4. 10. APPLICATION OF PAY PLAN: The pay plan, as outlined above, applies only to regular full-time employees (except for overtime provisions). 11. APPROVAL OF CHANGES IN CLASSIFICATION: The city manager shall have authority to approve all changes in classification; however, the number of classification changes subject to his/her approval shall not exceed 10% of total employees during the fiscal year. 12. INTERPRETATION: From time to time, it may be necessary to interpret the pay plan for its applicability to certain unforeseen circumstances. The city manager may issue an administrative order interpreting the pay plan for specific circumstances; however, all such interpretation may be appealed to the City Council within fifteen (15) days. SECTION II This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide, provided that the pay plan to be given effect hereby shall take effect on October 1, 2006. DULY PASSED by the City Council of the City of University Park, Texas, on the 26th day of September, 2006. APPROVED: ___________________________________ MAYOR APPROVED AS TO FORM: ATTEST: ______________________________ ___________________________________ CITY ATTORNEY CITY SECRETARY