HomeMy WebLinkAboutAgenda 8-18-04 Names Tabs.doc AGENDA
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CITY COUNCIL MEETING/WORK SESSION
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL CONFERENCE ROOM
WEDNESDAY, AUGUST 18, 2004 AT 7.'30AM
i. 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.
ii. CONSENT AGENDA
A. CONSIDER: Resolution adopting 2004 Certified Tax Roll - Austin Tab I
B. CONSIDER: Resolution replacing one member of Cable TV Franchise
Renewal Advisory Group - Austin Tab II
C. CONSIDER: Approval of City Council Meeting Minutes for August 3, 2004
- Wilson Tab III
iii. MAIN AGENDA
A. PUBLIC HEAR1NG: Proposed FY2005 Budget - Austin Tab IV
B. CONSIDER: Request to reserve Curtis Park for "Walk from Obesity" -
Bradley Tab V
C. DISCUSS: Architectural concept for Northwest Highway Wall - Smallwood
Tab VI
D. CONSIDER: Resolution for Mutual Use Agreement with TX DOT for right-
of-way on Northwest Highway - Smallwood Tab VII
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.
8:30A.M. EXECUTIVE SESSION TO RECEIVE ADVICE FROM CITY
ATTORNEY REGARDING PERSONNEL MATTER UNDER SECTIONS 551.071
& 551.074 OF THE TEXAS GOVERNMENT CODE.
AGENDA MEMO
(08/18/2004 AGENDA)
DATE:
TO:
FROM:
SUBJECT:
August 12, 2004
Honorable Mayor and City Council
Kent R. Austin
Adoption of 2004 Certified Tax Roll
ITEM:
Each year, taxing jurisdictions must officially adopt the tax roll upon which they will
assess property taxes. The Dallas Central Appraisal District (DCAD) performs the
property appraisal function for University Park and other taxing entities in Dallas County.
Property value information for this year and last year is as follows:
2004 2003 % Change
Market value $5,151,740,370 $4,950,370,340 4.06%
Taxable value $3,927,730,289 $3,769,405,331 4.20%
New construction $90,987,892 $90,559,748 0.47%
Similar to last year, the primary reason for the overall taxable value rising faster than the
market value is the release of capped parcels. Last year, the tax roll included 1,298
parcels with a capped value loss of $85 million. This year, 547 parcels with a value of $45
million are capped. As a result, $40 million in formerly capped value is now on the tax
roll.
RECOMMENDATION:
Staff recommends approval of the resolution adopting the 2004 appraisal roll.
ATTACHMENTS:
· Resolution adopting 2004 appraisal roll
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings~Temporary Internet Files\OLK3~Tax roll memo 081804.doc
08/12/04 4:51 PM
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, ADOPTING THE 2004 APPRAISAL ROLL OF THE DALLAS
CENTRAL APPRAISAL DISTRICT FOR THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City's assessor and collector of taxes has submitted to the City
Council the 2004 tax appraisal roll compiled by the Dallas Central Appraisal District; and
WHEREAS, the City Council is of the opinion that the 2004 appraisal roll should
be approved and adopted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF UNIVERSITY PARK, TEXAS:
SECTION 1. That the 2004 appraisal roll for the City of University Park, as
presented by the Dallas Central Appraisal District, be, and the same is hereby, approved
and adopted in all respects showing a total appraised property value of $5,151,740,370,
new property added to the tax roll of' a taxable value of $90,987,892, and a total taxable
value of property, a~ter exemptions, for 2004 of $3,927,730,289.
SECTION 2. This Resolution shall take effect immediately from and a~ter its
passage, and it is accordingly so resolved.
DULY PASSED by the City Council of the City of University Park, Texas, on the
__ day of _, 2004.
APPROVED:
APPROVED AS TO FORM:
JAMES H. HOLMES iii, MAYOR
ATTEST:
CITY ATTORNEY
NiNA WILSON, CITY SECRETARY
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings~Temporary Internet Files\OLK3~Tax roll memo 081804.doc
08/12/04 4:51 PM
RESOLUTION NO.
REPLACING ONE MEMBER OF THE CABLE TV
FRANCHISE RENEWAL ADVISORY GROUP (FRAG) FOR
THE CITY OF UNIVERSITY PARK, TEXAS
WHEREAS, the City Council of the City of University Park appointed six residents to serve
on the Cable TV Franchise Renewal Advisory Group (FRAG) on August 3, 2004, and;
WHEREAS, appointee Angela Kackley is unable to serve due to scheduling conflicts;
BE IT RESOLVED BY THE CITY
PARK, TEXAS:
THAT, the City Council of the City
COUNCIL OF THE CITY OF UNIVERSITY
of University Park does hereby formally replaces
appointee Angela Kackley with Joanna J. Barnes to serve on the Cable Television Franchise Review
Advisory Group (FRAG) until a new franchise agreement is completed:
PASSED AND APPROVED by the City Council of the City of University Park, Texas on the 18th
day of August, 2004.
APPROVED:
APPROVED AS TO FORM:
JAMES H. HOLMES, iii, MAYOR
ATTEST:
CITY ATTORNEY NiNA WILSON, CITY SECRETARY
MINUTES
#2419
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, AUGUST 3, 2004, 5:00 P.M.
Mayor Holmes convened the council into an Executive Session at 3:30p.m. for a consultation
with the City Attorney regarding a park petition and the City Hall project under Section 551.071
of the Texas Government Code. The Executive Session was adjourned at 4:07p.m. No action
was taken.
Mayor Holmes then opened the regular meeting of the city council. Present were Mayor Pro
Tempore Jim Roberts and Councilmembers Syd Carter and Kelly Walker. Also in attendance
were Finance Director Kent Austin, substituting for City Manager Bob Livingston, City Attorney
Rob Dillard and City Secretary Nina Wilson. Councilmember Harry Shawver and City Manager
Bob Livingston were absent and excused.
AWARDS & RECOGNITION
A. PRESENTATION: Plaque to widow of Warehouse Parts Runner Lindsay Branton.
Fleet Manager Jim Gau spoke of employees' and vendors' affection and respect for
Lindsay, who passed away June 1 after 11 years of service with the city. Finance
Director Kent Austin presented the plaque to Mrs. Branton.
EMPLOYEE RECOGNITION AWARD TO PARK DIVISION EMPLOYEES: Director
of Public Works Bud Smallwood congratulated the park department staff for their
willingness "to go the extra mile." Following a recent storm, they worked long hours to
handle the significant damage to trees and other landscape materials in the community.
Concurrent with that effort, the crews managed to assist the Engineering Division with
the removal of trees along Lovers Lane, which allowed the contractor to remain on
schedule. It would have been very easy to delay the tree removal until after the storm
cleanup, but the park staff felt it was important to honor a prior commitment. Their
efforts in this situation exemplify the characteristics of service excellence with their
cooperation, responsiveness, and teamwork. The Park "team" included Jose Munos, Luis
Alba, Tony Cruz, Augustin Chavez, Mario Montoya, Ricardo Sarabia, Robert Ramon,
Simon Gonzalez, George Romo and Jeremy Oates. Mayor Pro Tem Jim Roberts
presented each with a framed Certificate of Appreciation and a gift check.
PROCLAMATION: September 17, 2004 marks the 217th anniversary of the drafting of
the Constitution of the United States of America by the Constitutional Convention.
Mayor Holmes read a proclamation proclaiming September 17-23 as Constitution Week.
ITEMS FROM THE FLOOR
A. WATER QUALITY: Mayor Holmes opened a public hearing to take public comment
regarding the water quality of the City of University Park. As there were no comments,
the public hearing was closed. The city is rated by the State of Texas as having a
superior water system.
Ms. Mary Arnold spoke on the history of City Hall. Ms. Arnold worked with the
architect of City Hall, Mr. Grayson Gill, for 29 years. Her concern was that the brick
used on the renovation of City Hall would not match the existing brick, and she wanted to
bring the matter to the attention of the council.
Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Walker
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For July 21, 2004.
MAIN AGENDA
FINAL REPORT OF CHASE BANK BUILDING TASK FORCE: Mr. Bobby Clark, member of
the Task Force, stated that the Chase Bank Investigation Committee met July 22, 2004.
Presentations were heard from a delegation representing the library and also from Albert
Huddleston and his architects. Mr. Huddleston informed the committee that no one had oral or
written authorization to offer the Chase Bank Building for sale and that he was in the final stages
of finishing plans for redevelopment of the property, and it was not for sale. He did offer to
make space for the city in the new project. The committee felt that their work was no longer
needed and filed a final report. Councilmember Carter moved acceptance of the report and that
no further action be taken by the city because the Chase Bank Building was no longer a viable
option. Mayor Pro Tem Roberts seconded, and the vote was unanimous to accept the report and
discontinue action regarding the Chase Bank Building.
PUBLIC HEARING FOR ABATEMENT OF NUISANCES AT 4305 GREENBRIER: Mayor
Holmes opened the public hearing. Building & Zoning Administrator Wade McLaurin gave a
brief overview of the situation. A complaint was filed with Code Enforcement on October 13,
2003 regarding the condition of the property at 4305 Greenbrier. The property, owned by Mr.
Kenneth D. Crozier, was found to have overgrowth and junk in the backyard, and the structures
were in need of paint. Mr. Crozier was contacted concerning the problems. The city attempted
to work with Mr. Crozier to get the conditions resolved; but, finally on April 1, 2004, a citation
was issued for the overgrowth and junk in the rear yard. Staff requested council order the
immediate removal of all junk, debris, and overgrowth on the property, as well as having the
structures painted. In the event the property owner does not meet the council's imposed
deadline, the city will proceed to carry out the work called for by the council's order, and the
cost of such work shall be filed as a lien against the property. Mr. Crozier explained the reason
for the condition of his property and, also, that most of the problems had been addressed. Mayor
Holmes closed the public hearing and moved that Mr. Crozier be given an additional 60 days to
clean up the property in order to comply with city ordinances. Councilmember Walker
seconded, and the vote was unanimous to approve the Order for Abatement of Public Nuisance.
PUBLIC HEARING FOR SPECIFIC USE PERMIT FOR CANTERBURY HOUSE/ST.
ALBAN'S CHAPEL, 3308 DANIEL, SOUTHERN METHODIST UNIVERSITY: Mayor
Holmes opened the public hearing. Building & Zoning Administrator Wade McLaurin stated the
St. Alban's Episcopal Collegiate Chapel at 3308 Daniel was damaged by fire last year to the
extent that the church has decided to demolish the existing structure and construct a similar
facility. This religious use is considered a non-conforming use in the residential district in which
it is located (MF-3). The Zoning Ordinance provides for a Specific Use Permit (SUP) for uses of
this nature in residential zoning district, which must be approved before a building permit can be
issued for the reconstruction. Evidently, the use of the building on this property as a college
chapel & meeting place has been in existence for quite some time, as city records do not indicate
exactly when the original residential use ceased. At its June 21, 2004 meeting, the Planning &
Zoning Commission recommended the approval of the Specific Use Permit in order for the
structure to be rebuilt and St. Alban's to continue in its service to the community. Mayor
Holmes closed the public hearing. Mayor Pro Tem Roberts moved approval of the Specific Use
Permit (SUP). Councilmember Walker seconded, and the vote was unanimous to approve the
rebuilding of the structure.
ORDINANCE TO CHANGE ZONING AT 3308 DANIEL FROM MULTI FAMILY
DISTRICT 3 (MF-3) TO MULTI FAMILY DISTRICT (MF-3) SUBJECT TO SPECIFIC USE
PERMIT: Mayor Pro Tem Roberts moved approval of the ordinance. Councilmember Carter
seconded, and the vote was unanimous to approve the zoning change at 3308 Daniel.
ORDINANCE NO. 04/23
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY
PARK, AS HERETOFORE AMENDED, BY CHANGING THE ZONING ON THE PROPERTY
AT 3308 DANIEL FROM MULTI FAMILY DISTRICT 3 (MF-3) TO MULTI FAMILY
DISTRICT (MF-3) SUBJECT TO A SPECIFIC USE PERMIT FOR A CHURCH, SAID
PROPERTY BEING MORE PARTICULARLY DESCRIBED AS LOT 4, BLOCK A, SMU
HEIGHTS ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS
COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF F1NE NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
CONSIDER RESOLUTION OF APPOINTMENT FOR MEMBERS OF CABLE TV
FRANCHISE REVIEW ADVISORY GROUP: Finance Director Kent Austin presented a
resolution appointing residents to the new Cable TV Franchise Review Advisory Group (FRAG).
City Council members and staff proposed candidates for appointment, and the Finance Director
contacted each individual to determine their interest and availability. The final candidates for
service on FRAG are: Beth Blankenship, 3300 Rankin; Tony Cornett, 3512 Stanford; Angela
Kackley, 3300 Southwestern; Tom McConnell, M.D., 3636 Amherst; Terry Muncy, 4057
Hanover; Charles Scott, 4508 Emerson #4. The Town of Highland Park has appointed a similar
committee and will be working with University Park's advisory group to fashion a new cable
franchise agreement. Councilmember Carter moved appointment of the advisory group be
accepted. Councilmember Walker seconded, and the vote was unanimous to approve the
resolution forming the Cable TV Franchise Renewal Advisory Group.
RESOLUTION NO. 04-09
APPOINTING THE CABLE TV FRANCHISE RENEWAL ADVISORY GROUP (FRAG)
FOR THE CITY OF UNIVERSITY PARK, TEXAS.
REVIEW CITY MANAGER'S PROPOSED FY2005 BUDGET: Finance Director Kent Austin
presented the budget noting that, for the 10th consecutive year, the tax rate has decreased. The
budget narrative will be posted on the internet August 4th. A public hearing will be held on
August 18th, and adoption of the budget will be in September 2004.
CONSIDER PROPOSAL FROM CARTEGRAPH SYSTEMS FOR ASSET MANAGEMENT
SOFTWARE AND CONSULTING SERVICES: During the last year and a half, staff has been
looking for a solid, cost effective asset management/inventory software solution to assist in
complying with the new federal accounting and reporting standards. Federal mandates such as
GASB34 and NPDES Ph. 2 have forced the City to identify, account for, and map infrastructure
assets. The most efficient software solution was one that could not only meet our asset
management needs, but also address our work order and customer service response needs while
integrating with our Geographic Information System (GIS) and other existing databases. The
solution will not only meet our infrastructure inventory and mapping needs, but also provide a
medium to integrate numerous systems in every department of the city. The ability to share
information across departmental lines without any duplication of effort will allow the city to
make significant improvements in operational efficiencies. Mayor Pro Tem Roberts moved
approval of the software and services agreement with CarteGraph Systems for the purchase,
installation, and training of an asset and work management program in the amount of
$263,925.00. Councilmember Walker seconded, and the vote was unanimous to approve the
proposal.
CONSIDER AMENDMENT TO AGREEMENT WITH GSWW ENGINEERING TO EXTEND
THE FLOW MONITORING OF SANITARY SEWER COLLECTION SYSTEM: Staff
requested the consultant to determine the extent that infiltration/inflow has been reduced by the
installation of new sewer mains over the past several years. GSWW has been metering flows
through the winter months; however, there were not any significant rainfall events. In
determining infiltration/inflow, there is a definitive relationship between "wet-weather" and dry-
weather" flows. The proposed addendum will provide an extension of contract time to allow for
additional flow monitoring during a "wetter" period. Councilmember Walker moved approval of
the amendment. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the
amendment to the agreement with GSWW Engineering.
CONSIDER APPOINTMENT OF CITY COUNCIL REPRESENTATIVE AS LIAISON TO
VARIOUS SCHOOL PTA GROUPS: Councilmember Walker stated that it would be beneficial
for a councilmember to meet with PTA Presidents of the HPISD schools along with similar
representatives of the city's larger private schools, providing an opportunity to learn of issues
and respond to questions. The council's representative would be responsible for establishing and
organizing the meetings. Councilmember Carter moved that Councilmember Walker become the
liaison between the schools and the council. Mayor Pro Tem Roberts seconded, and the vote was
unanimous to approve the appointment of Councilmember Walker as liaison to meet with
various school PTA representatives.
There being no further business, the meeting was adjourned.
PASSED AND APPROVED this 18th day of August 2004.
ATTEST:
James H. Holmes III, Mayor
Nina Wilson, City Secretary
DATE:
TO:
FROM:
SUBJECT:
AGENDA MEMO
(08/18/04 MEETING)
August 12, 2004
Honorable Mayor and City Council
Kent R. Austin, Director of Finance
FY2005 budget and property tax rate - scheduling of hearings
INTRODUCTION
The State Property Tax Code (Section 26.05(d)) requires that a taxing unit hold a public
hearing and publish newspaper ads before adopting a tax rate 3% or more higher than the
effective tax rate (ETR). The ETR this year is 31.7854 cents, the tax rate that would raise
the same amount of revenue next year on the properties that were taxed last year. The
proposed FY2005 budget includes a property tax rate of 32.539 cents, a 2.37% increase.
Even though the proposed tax rate does not exceed the 3% threshold, I recommend
holding the additional public hearing and placing the newspaper ads. The already planned
City Council meetings in September may be used for the hearings and adoption of the
budget and tax rate. The additional hearing and public notice provide an extra opportunity
for residents to learn about and comment upon the proposed budget.
The first step is for the City Council to vote to hold a public hearing about the proposed
tax rate. Notice of the hearing must be made no sooner than seven days before the
hearing date. A special "Notice of Public Hearing on Tax Increase" must be used and
published in the local newspaper. I recommend setting the hearing for the September 7
City Council meeting. This would be 12 days after a notice is published on August 26,
2004 in the local newspapers.
At the conclusion of the public hearing September 7, the City Council votes to set a date
for adoption of the budget and tax rate. I recommend scheduling adoption of the budget
and tax rate at the September 22 work session. Once again this event will be advertised in
the newspapers and placed on the formal meeting agenda. Approval of ordinances for the
budget, tax rate, and salary plan can occur at that time.
RECOMMENDATION:
Vote to hold a public hearing about the budget and tax rate on September 7, 2004.
ATTACHMENTS:
· City Manager's proposed FY2005 budget memo
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings~Temporary Internet Files\OLK3~AGENDA MEMO 081804.doc 3:49 PM 08/12J
CITY OF UNIVERSITY PARK, TEXAS
FY 2005 PROPOSED BUDGET
AUGUST 4, 2004
INTRODUCTION
This memo presents the City Manager's proposed budget for Fiscal Year 2005 (FY05, or October
1,2004 - September 30, 2005). Highlights of the proposed $34.061 million budget include:
· A reduction in the City's property tax rate for the 10th consecutive year. The proposed tax
rate of 32.539 cents is 0.2% lower than last year's 32.601 cents per $100 taxable value.
· Over $4.743 million in pay-as-you-go capital project funding, up 4.3% from last year.
· A balanced General Fund budget.
· No proposed utility or sanitation rate increases. The proposed FY05 Utility and Sanitation
Funds are out of balance -- it is likely that rate increases will need to be considered
sometime during FY 2005 to keep the Funds from operating at a loss.
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, although they each receive
contributions from the 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
FY05 budget.
Total Budgeted Expenditures
FY2003 FY2004 FY2005
Fund Adopted Adopted Proposed Dollar Percent
Budget Budget Budget Change Change
General $18,957,713 $19,923,714 $21,067,545 $1,143,831 5.74%
Utility 9,288,817 9,632,850 10,442,317 809,467 8.71%
Sanitatio 2,376,790 2,496,972 2,663,410 166,438 6.67%
n
Total $30,623,320 $32,053,536 $34,173,272 $2,119,736 6.61%
ClTYWIDE ISSUES
Several cost issues impact all three City funds for FY 2005.and deserve special attention:
personnel costs, external treatment costs, capital projects contributions, and fuel/equipment
costs.
Personnel Costs
Salaries and benefits make up 51.5% of the total budget, and they comprise 35.5% of the
budget's overall increase. The proposed FY05 budget includes a reduction of one full-time
position, an open Gardener position in the Parks Department. This reduces the total full-time
headcount to 237. Two other position changes that do not increase headcount are included: the
open Streets Superintendent position (General Fund) is being replaced by the new Assistant
Public Works Director position (Utility Fund), and the open Utilities Supervisor position is being
replaced with the new Asset Management Technician (Utility Fund). This latter position will be
responsible for coordinating and maintaining the City's new CarteGraph asset management
software, which is an essential move toward a coordinated "3-1-1" system of customer service
response.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3~AGENDA MEMO 081804.doc 3:49 PM 08/12J
No cost of living or market-based raises are proposed for non-public safety employees. The
budget proposes a 3% salary increase for most Police and Fire positions.
Employee health insurance costs for the City again present a challenge. As is the case with
most employers, City expenditures for medical claims and prescription drugs continue to climb.
To offset this rise, the FY05 budget includes a health insurance increase of $244,922, or 20.4%.
The employer contribution for the City's retirement plan is also proposed to increase sharply,
from 14.01% to 15.23%, resulting in a $168,008 (9.3%) increase over FY04. The employer
contribution rate is set by TMRS (Texas Municipal Retirement System) and is driven by factors
like employee turnover and tenure. This higher contribution rate includes an optional cost-of-
living adjustment (COLA) for current TMRS retirees. The City last approved a COLA in 2000.
Without the cost-of-living component, the TMRS contribution rate would be 14.87%.
External treatment costs
The City relies upon two outside agencies to perform water treatment (Dallas County/Park Cities
Municipal Utilities District, or MUD) and wastewater treatment (City of Dallas Water Utilities).
This year both providers are increasing their wholesale rates to the City. The MUD is raising its
rate per 1,000 gallons from $1.00 to $1.121; their notice to the City cites depreciation of new
facilities added this year and increases in electrical rates, chemical costs, and personnel
expenses. This will result in an additional $209,507 in the Utilities Fund water treatment line
item.
At the same time, Dallas Water Utilities is decreasing its wastewater rate, from $1.722 to
$1.680/1,000 gallons, but this reduction is offset by a 6.15% increase in University Park's winter
quarter water consumption and a 6.4% increase 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 result in an additional $274,905 for wastewater treatment. At this time the
FY05 budget does not include a rate increase for water or wastewater service, but these
increases are likely needed mid-year to balance the Utility Fund. Staff proposes to review the
first six months of actual expenditures, then discuss rate changes with the City Council.
Capital project contributions
The FY05 budget continues the City's successful practice of funding its capital projects on a pay-
as-you-go basis, rather than a debt-funded basis. Details of the budget's capital project
contributions from the General Fund and Utility Fund are provided below.
Contribution description FY04 FY05
General Fund contribution -gen. govtl, projects $ 944,510 $1,010,993
Curb and gutter replacement (General Fund) 877,224 894,496
Asphalt overlay program (General Fund) 541,059 565,389
Mile-per-year (water/sewer/alley) replacement - 318,270 322,288
General Fund
Mile-per-year (water/sewer/alley) replacement - 1,644,395 1,794,319
Utility Fund
Fire hydrant installation (Utility Fund) 143,222 156,279
Utility Fund contribution - undesignated 80,628 0
Total $4,549,308 $4,743,764
The first item, General Fund contribution - general governmental projects, will be used in FY05
to help fund the City Hall reconstruction project. In addition to these budgeted operating
contributions, the City occasionally 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.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3~AGENDA MEMO 081804.doc 3:49 PM 08/12J
Fuel/equipment costs
The cost of purchasing and fueling the City's fleet of motorized vehicles is budgeted to increase
$102,019 in FY05. 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. Even so, equipment replacement
costs are budgeted to rise $54,431 next year, up 11.6% over FY04's $466,694. The rapid rise in
gasoline and other fuels, resulting from soaring oil prices, 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. For FY05 the budget includes an additional $47,588 for fuel,
a full 33% above last year's $145,791.
GENERALFUND
The proposed FY05 General Fund budget totals $21.1 million, an increase of $1.2 million
(5.74%), from FY04's total $19.9 million. As in past years, personnel-related costs are the
primary reason for the increase ($747,579), followed by capital project transfers ($142,788),
equipment/fuel ($40,783) and supplies/other ($227,615). The proposed budget includes no new
major equipment or programs.
By comparison, over the past year, the Consumer Price Index (CPI)-AII Urban Consumers for
Dallas-Fort Worth increased 1.5%. The City's FY05 General Fund budget is up 5.74%, and the
proposed total budget is up 6.6%. The more rapid increase in City expenditures compared to the
CPI is due to the difference in the goods and services whose prices are measured. Simply put,
the CPI's collection of consumer goods does not align with the items purchased by the City. The
City cannot absorb increases of 32% for fuel, 20% for health insurance, 10% and 12% for
treatment, and so on without passing on the costs via the budget.
Revenue considerations
This year's proposed budget includes a major adjustment to several of the City's key non-
property tax revenues. In past years, City staff deliberately underbudgeted building permit
revenue while allowing the interest revenue projection to remain closer to its former high levels.
This year, in contrast, non-property tax revenues like building permits, interest earnings, and
franchise revenues have been budgeted at levels more consistent with what staff expects to
happen. This should make for a clearer and simpler budget. Every dollar budgeted for non-
property tax revenue means one dollar less in property tax that must be levied. Overall, non-
property tax General Fund revenues are budgeted to increase 7.82%,
Tax rate decrease
The city's total certified taxable value increased 4.2%, reflecting the continued release of
property parcels whose taxable value was capped in prior years. The FY05 budget proposes to
reduce the tax rate from $0.32601 to $0.32539 per $100 taxable value. 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, FY02 - FY05
Adopted Adopted Adopted Proposed
Tax purpose FY02 FY03 FY04 FY05
O&M
Operations $0.25948 $0.25789 $0.25488 $0.25427
Capital 0.07377 0.07142 0.07113 0.07112
Total O&M 0.33325 0.32932 0.32601 0.32539
Debt Service 0.00675 0.00000 0.00000 0.00000
Total Tax Rate $0.33999 $0.32932 $0.32601 $0.32539
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3~AGENDA MEMO 081804.doc 3:49 PM 08/12J
For FY05 the average single-family home in University Park's market value is $737,035, a 2.7%
increase from last year's $717,626. The owner of an average home with a homestead
exemption whose value did not increase in assessed value this year would pay $3.58 less in City
taxes compared to FY04. The owner of a home whose value increased by the citywide average
would pay $46.94 more in City property taxes - less than $4 a month. The comparison with the
prior three years is shown below.
Property tax levy comparison, FY02 - FY05
Adopted Adopted Adopted Proposed
FY02 FY03 FY04 FY05
Assessed Value (Market) $637,009 $705,739 $717,626 $737,035
Less 20% Hmstd Exmp (127,402) (141,148) (143,525) (147,407)
Taxable Value $509,607 $564,592 $574,101 $589,628
Tax Rate per $100 $0.33999 $0.32932 $0.32601 $0.32539
City Tax Levy $1,732.61 $1,859.30 $1,871.65 $1,918.59
Over the period FY02 to FY05, while the average single-family home in University Park
increased 15.7 % in market value, the City tax levy increased 10.73%. 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 or sewer charges. As
noted earlier, the increase in cost for water and wastewater treatment is pushing the Utility Fund
into a negative balance for the year. Because Utility Fund water revenues are so volatile,
however, the projected deficit may not be fully realized. Staff recommends reviewing the status
of the Utility Fund after six months and considering water and wastewater increases at that time.
The City's new storm water utility fee is included in the FY05 Utility Fund budget for the first
time. These fees, approved in December 2003, are projected to produce $501,130. These
monies will be used for a variety of projects, including electronic mapping of the city's storm
sewers and drainage patterns.
SANITATION FUND
The proposed Sanitation Fund budget is out of balance, which is consistent with the FY04
budget. Unlike the General Fund, 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. At the end of the third
quarter of FY2004 however, Sanitation Fund revenues and expenditures are essentially equal.
Consistent with past years, the Sanitation Budget contains a $100,000 placeholder, which is
intended to allow accumulation of reserves toward future landfill needs. At the end of FY03, the
Sanitation Fund unrestricted net assets balance totaled $646,000. To maintain a continued
positive fund balance, a mid-year rate increase is likely. As with the water and wastewater rates,
staff recommends reviewing the status of the Fund after six months and considering a rate
change then.
CONCLUSION
As in the past, the proposed budget will be sent to the Employee Benefits, Finance, and
Insurance Advisory Committees for review. Staff has begun scheduling those meetings. To
comply with the State Truth in Taxation law, staff proposes the following schedule for the
FY2005 budget's adoption.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3~AGENDA MEMO 081804.doc 3:49 PM 08/12J
Date Day
August 3 Tuesday
Description
Submit proposed budget to City Council
August 18 Wednesday
Receive staff briefing on proposed budget
Vote to hold public hearing re. proposed tax rate
August 26 Thursday
Notice of hearing on tax rate and budget appears
in Park Cities People
September 7 Tuesday
Conduct first public hearing on proposed tax rate and
budget
September 16 Thursday
Notice of vote to adopt tax rate appears in Park Cities
People
September 22
Wednesday
Conduct second public hearing on budget and tax rate
Approve ordinances adopting budget, tax rate, salary
plan
Oct. 1 Friday
New budget takes effect
Staff looks forward to meeting with the City Council and advisory committees to discuss the
budget in more detail.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3~AGENDA MEMO 081804.doc 3:49 PM 08/12J
CITY OF UNIVERSITY PARK, TEXAS
FY 2005 PROPOSED BUDGET
SUMMARY BY FUND AND DEPARTMENT
GENERAL FUND
01-11 REVENUES
TOTAL GENERAL FUND REVENUES
EXPENDITURES
01-02 EXECUTIVE
01-03 FINANCE
01-04 HUMAN RESOURCES
01-05 INFORMATION SERVICES
01-10 COURT
01-19 BUILDING
01-20 ENGINEERING
01-25 TRAFFIC
01-35 FACILITY MAINTENANCE
01-40 FIRE
01-50 POLICE
01-70 PARKS
01-75 SWIMMING POOL
01-80 STREETS
01-85 TRANSFERS
TOTAL GENERAL FUND EXPENDS.
DIFFERENCE
UTILITY FUND
02-11 REVENUES
TOTAL UTILITY FUND REVENUES
EXPENDITURES
02-21 UTILITY OFFICE
02-22 UTILITIES
02-85 TRANSFERS
TOTAL UTILITY FUND EXPENDS.
DIFFERENCE
SANITATION FUND
04-11 REVENUES
TOTAL SANITATION FUND REVENUES
EXPENDITURES
04-60 SANITATION
TOTAL SANITATION FUND EXPENDS.
DIFFERENCE
TOTAL REVENUES
TOTAL EXPENDITURES
DIFFERENCE
ADOPTED i ADOPTED i PROPOSED i DOEEAR PERCENT
BUDGET BUDGET BUDGET CHANGE CHANGE
$18,957,713 $19,924,227 $21,083,215 $1,158,988 5.82%
$18,957,713 $19,924,227 $21,083,215 $1,158,988 5.82%
$605 755
$892 781
$304 568
$462 172
$234 353
$552 889
$8O8 789
$694 104
$572 835
$3,328,761
$4,307,531
$1,958,841
$171,450
$1,524,609
$2,538,275
$618,054
$918,432
$303,261
$485 068
$249 235
$580,616
$872 773
$74O 7O9
$611 O69
$3,5O2,65O
$4,523,224
$2,O64,482
$166,950
$1,606,128
$2,681 ,O63
$750,884
$955 847
$329 554
$520,191
$262,831
$623,731
$884 966
$778 387
$613,693
$3,837,102
$4,854,780
$2,102,110
$147,969
$1,612,334
$2,793,166
$132,830
$37,415
$26 293
$35 123
$13,596
$43 115
$12,193
$37 678
$2,624
$334 452
$331 556
$37 628
($18,981)
$6,206
$112,103
21.49%
4.07%
8.67%
7.24%
5.46%
7.43%
1.40%
5.09%
0.43%
9.55%
7.33%
1.82%
-11.37%
0.39%
4.18%
$18,957,713 $19,923,714 $21,067,545 $1,143,831 5.74%
$0 $513 $15,670 $15,157
$9,451,675 $9,451,675 $10,222,831 $ 771,156 8.16%
$9,451,675 $9,451,675 $10,222,831 $ 771,156 8.16%
$5,018,501 $5,140,536 $5,760,061 $619,525 12.05%
$2,509,316 $2,624,069 $2,731,658 $107,589 4.10%
$1,761,000 $1,868,245 $1,950,598 $ 82,353 4.41%
$9,288,817 $9,632,850 $10,442,317 $ 809,467 8.71%
$162,858 ($181,175) ($219,486) $ (38,311)
$2,231,450 $2,231,450 $2,231,450 $0 O. 00%
$ 2,231,450 $ 2,231,450 $ 2,231,450 $0 0.00%
$2,376,790 $2,496,972 $2,663,410 $166,438 6.67%
$2,376,790 $2,496,972 $2,663,410 $166,438 6.67%
($145,340) ($265,522) ($431,960) ($166,438)
$30,640,838 $31,607,352 $33,537,496 $1,930,144 6.11%
$30,623,320 $32,053,536 $34,173,272 $2,119,736 6.61%
$17,518 ($446,184) ($635,776) ($189,592)
FILENAME: FY05 Proposed Budget Summary Excerpt.xls Summary
LAST PRINTED: 8/12/2004 3:51 PM
CITY OF UNIVERSITY PARK, TEXAS
FY2005 PROPOSED BUDGET
PROPERTY TAX IMPACT
TOTAL TAXABLE VALUE (CERTIFIED)
$ 3,553,903,488 3,769,405,331 3,927,730,289 $ 158,324,958 4.20%
TOTAL GENERAL FUND REVENUES
NON PROPERTY TAX REVENUE
Sales tax
Franchise fees
Building permits
Traffic/parking fines
Service charges
Direct alarm monitoring fees
Miscellaneous
TOTAL NON PROPERTY TAX REV.
PROPERTY TAX REVENUE
Operations & Maintenance (O&M) need
Penalty/interest & attorney's fees
Delinquent (prior years) taxes
TOTAL PROP TAX OP REQUEST
DEBT SERVICE REQUIREMENT
PROPERTY TAX RATE
Operations & Maintenance (O&M)
Debt Service
Total Property Tax Rate per $100
$ 18,957,713 $ 19,924,227 $ 21,083,215 $ 1,158,988 5.82%
2,160,220
1,650 000
7OO 000
355 000
400 160
285 000
1,533 228
$ 2,160,220 $ 2,210,220 $ 50,000 2.31%
1,805,000 2,060,000 $ 255,000 14.13%
700,000 1,100,000 $ 400,000 57.14%
355,000 360,000 $ 5,000 1.41%
452,160 414,160 $ (38,000) -8.40%
350,000 450,000 $ 100,000 28.57%
1,621,562 1,496,906 $ (124,656) -7.69%
7,083 608 $ 7,443,942 $ 8,091,286 $ 647,344
8.7O%
11,703,605 $ 12,288,785 $ 12,780,429 $ 491,644 4.00%
110,000 115,000 120,000 $ 5,000 4.35%
60,500 76,500 91,500 $ 15,000 19.61%
$ 11,874,105 $ 12,480,285 $ 12,991,929 $ 511,644 4.10%
$ - $ - $ - $ - 0.00%
$ 0.32932 $ 0.32601 $ 0.32539 $ (0.0006) -0.2%
- - - $ - 0.0%
$ 0.32932 $ 0.32601 $ 0.32539 $ (0.0006) -0.2%
IMPACT ON HOMEOWNER
Average single-family market value
Less: 20% homestead exemption
Average single-family taxable value
Tax levy
705,739 $ 717,626 $ 737,035 $ 19,409 2.7%
(141,148) (143,525) (147,407) $ (3,882) 2.7%
564,592 574,101 589,628 $ 15,528 2.7%
$ 1,859.30 $ 1,871.65 $ 1,918.59 $ 46.94 2.5%
FILENAME: FY05 Proposed Budget Summary Excerpt.xls Prop Tax Impact
LAST PRINTED: 8/12/2004 3:52 PM
AGENDA MEMO
(08/18/04AGENDA)
DATE:
TO:
FROM:
SUBJECT:
August 12, 2004
Honorable Mayor and Members of the City Council
Gerry Bradley, Director of Parks
Reservation Request for Curtis Park
The Parks Department has received a request from the American Society of Bariatric
Surgery (ASBS) Foundation to utilize Curtis Park as starting point for a "Walk from
Obesity". The foundation utilizes 93% of all donations to help support obesity research
and to increase professional and public awareness regarding obesity. The event is
scheduled based on approval for Saturday, September 18, 2004. The route of the walk
will be along designated sidewalks for approximately 1 to 2 miles and returning back at
Curtis Park (see attached map).
The ASBS Foundation estimates between 200 and 300 participants for this event, with
registration beginning at 7:30 a.m. and the walk beginning at 9:00.a.m.
RECOMMENDATION:
Staff is recommending City Council approve the request from the ASB S Foundation to
utilize Curtis Park and surrounding sidewalks to support the "Walk from Obesity" based
on the following criteria.
· Fee is $300.00 plus a refundable $250.00 security deposit
· ASBS shall rent at least 3 additional porta-cans for walk users
· ASBS shall refrain from using any P.A. system prior to 9:00 a.m.
ATTACHMENTS:
Walk route map
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings~Temporary Internet Files\OLK3\Walk for obesity.doc 10:53 AM 08/1:
AGENDA MEMO
(08-18-04 AGENDA)
DATE:
TO:
FROM:
SUBJECT:
August 11, 2004
Bob Livingston
City Manager
Gene R. Smallwood, P.E.
Director of Public Works
Discussion of Architectural Concept for NW Hwy Wall.
Background. Former Park Director Thom Hanford presented a conceptual
architectural drawing for the proposed screening wall along Northwest Highway, Airline
to Turtle Creek Blvd. Staff will place an item on the 09.22.04 City Council agenda to
request authorization to proceed with the design of the project. However, prior to
developing a scope of work for the architect and the engineer, we would like the current
Council to provide comment on the preliminary design. We would like to address any
issues about that conceptual layout prior to entering into a design contract.
Discussion. Staff would request the City Council's affirmation of the existing
architectural concept for the proposed wall, or we would appreciate any suggestions
for changes to the design.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3~AM NW Hwy Wall Conceptual
Design 08 18 04.doc 4:23 PM 08/11/04
AGENDA MEMO
(08/18/04 AGENDA)
DATE:
TO:
FROM:
August 18, 2004
Honorable Mayor and City Council
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT: Multiple Use Agreement between the City of University
Park and the Texas Department of Transportation for a screening wall
on NW Pkwy
BACKGROUND:
All residents have now signed the Right-Of-Way Dedication Deed to donate
approximately 14 feet of their property for the construction of a screening wall between
NW Pkwy and NW Hwy. A Multiple Use Agreement between the City and the Texas
Department of Transportation must be entered to in order to construct the wall. This
Agreement allows the City of University Park to use the right-of-way along the south side
ofNW Hwy, between Airline and Pickwick, for the screening wall.
RECOMMENDATION:
Staff recommends City Council approval of the resolution approving the Multiple Use
Agreement between the City of University Park and the Texas Department of
Transportation for the screening wall on NW Pkwy.
ATTACHMENTS:
1) Resolution approving Multiple Use Agreement
2) Multiple Use Agreement
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, APPROVING A MULTIPLE USE AGREEMENT BETWEEN THE
CITY OF UNIVERSITY PARK AND THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR A SCREENING WALL FOR NORTHWEST PARKWAY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of University Park desires to enter into a multiple use agreement
with the Texas Department of Transportation for the use of right-of-way along the south side of
Northwest Highway, between Airline and Pickwick, for a screening wall; and
WHEREAS, the Texas Department of Transportation will allow the use of a portion of
the right-of-way of Northwest Highway south of the existing curb line of Northwest Highway for
the construction and maintenance of the screening wall between Northwest Highway and
Northwest Parkway, upon the terms and conditions of a standard multiple use agreement;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
Section 1. That the Multiple Use Agreement between the City of University Park and the
Texas Department of Transportation, attached hereto as Exhibit "A", is approved for execution
by the City Manager on behalf of the City, and will constitute the binding agreement of the City
of University in accordance with its terms.
Section 2. This resolution shall take effect immediately from and after its passage and it
is, accordingly, SO RESOLVED.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, on the 18th day of August 2004.
APPROVED:
JAMES H. HOLMES III, MAYOR
ATTEST:
APPROVED AS TO FORM:
NINA WILSON, CITY SECRETARY
CITY ATTORNEY
53368
MULTIPLE USE AGREEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT made by the State of Texas by and between the Texas
Department of Transportation, hereinafter referred to as the "State", a party of the first
part and the City of University Park, hereinafter called the Local Government, party of
the second part, is to become effective when fully executed by both parties.
WITNESSETH
WHEREAS, the Local Government has requested the State to permit the
construction, maintenance and operation of a screening wall on the highway right-of-way
of Northwest Highway, Loop 12, Dallas, Texas, shown graphically by the preliminary
conceptual site plan in Exhibit "A" and being more specifically described by metes and
bounds in Exhibit "B", which are attached and made a part hereof; and
WHEREAS, the State has indicated its willingness to approve the establishment
of such facilities and other uses conditioned that the Local Government will enter into
agreements with the State for the purpose of determining the respective responsibilities of
the Local Government, and the State with reference thereto, and conditioned that such
uses are in the public interest and will not damage the highway facility, all as determined
from engineering and traffic investigations conducted by the State.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respectively kept and
performed as hereinafter set forth, it is agreed as follows:
1. DESIGN AND CONSTRUCTION
The Local Government will prepare or provide for the construction plans, as
shown in Exhibit "C", for the facility, and will provide for the construction work as
required by said plans at no cost to the State. Said plans shall include the design of the
access control, necessary horizontal and vertical clearances for highway structures,
adequate landscape treatment, adequate detail to ensure compliance with applicable
structural design standards, sufficient traffic control provisions, and general layout. They
shall also delineate and define the construction responsibilities of both parties hereto.
Completed plans will be submitted to the State for review and approval and when
approved shall be attached to the agreement and made a part thereof in all respects.
Construction shall not commence until plans have been approved by the State. Any
future revisions or additions shall be made after prior written approval of the State.
2. INSPECTION
Ingress and egress shall be allowed at all times to such facility for Federal
Highway Administration personnel and State Forces and equipment when highway
maintenance operations are necessary, and for inspection purposes; and, upon request,
any parking or other activities for periods required for such operations will be prohibited.
3. PARKING REGULATIONS
Parking regulations shall be established limiting parking to single unit motor
vehicles of size and capacity no greater than prescribed for 1-1/2 ton trucks, such vehicles
to conform in size and use to governing laws. Parking shall be permitted only in marked
spaces.
4. PROHIBITIONS/SIGNS
Regulations shall be established prohibiting the parking of vehicles transporting
flammable or explosive loads and prohibiting use of the area in any manner for peddling,
advertising or other purposes not in keeping with the objective of a public facility. The
erection of signs other than those required for proper use of the area will be prohibited.
All signs shall be approved by the State prior to the actual erection.
5. RESPONSIBILITIES
Maintenance and operation of the facility shall be entirely the responsibility of
Local Government. Such responsibility shall not be transferred, assigned or conveyed to
a third party without the advance written approval of the State. Further, such
responsibility shall include picking up trash, mowing and otherwise keeping the facility
in a clean and sanitary condition, and surveillance by police patrol to eliminate the
possible creation of a nuisance or hazard to the public. Hazardous or unreasonably
objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade
line of the highway, nor shall the facility subject the highway to hazardous or
unreasonably objectionable dripping, droppings, or discharge of any kind, including rain
or snow.
6. FEES
No fees are required for this agreement.
53326
7. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein granted to both
parties to terminate this agreement upon notice, and upon the exercise of any such right
by either party, all obligations herein to make improvements to said facility shall
immediately cease and terminate.
8. MODIFICATION/TERMINATION OF AGREEMENT
If in the sole judgment of the State it is found at any future time that traffic
conditions have so changed that the existence or use of the facility is impeding
maintenance, damaging the highway facility, impairing safety or that the facility is not
being properly operated, that it constitutes a nuisance, is abandoned, or if for any other
reason it is the State's judgment that such facility is not in the public interest, this
agreement under which the facility was constructed may be: (1) modified if corrective
measures acceptable to both parties can be applied to eliminate the objectionable features
of the facility; or (2) terminated and the use of the area as proposed herein discontinued.
9. PROHIBITION OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by the agreement
shall be fire resistant. The storage of flammable, explosive or hazardous materials is
prohibited. Operations deemed to be a potential fire hazard shall be subject to regulation
by the State.
10. RESTORATION OF AREA
The Local Government shall provide written notification to the State that such
facility will be discontinued for the purpose defined herein. The Local Government shall,
within thirty (30) days from the date of said notification, clear the area of all facilities that
were its construction responsibility under this agreement and restore the area to a
condition satisfactory to the State.
11. PREVIOUS AGREEMENTS
It is understood that this agreement in no way modifies or supersedes the terms
and provisions of any existing agreements between the parties hereto.
12. INDEMNIFICATION
The Local Government acknowledges that it is not an agent, servant or employee
of the State, and that it is responsible for its own acts and deeds and for those of its agents
or employees during the performance of contract work.
Neither party hereto intends to waive, relinquish, limit or condition its right to
avoid any such liability by claiming its governmental immunity.
53326
When notified by the State to do so, the other party hereto shall within thirty (30)
days from receipt of the State's written notification pay the State for the full cost of
repairing any damages to the highway facility which may result from its construction,
maintenance or operation of the facility, and shall promptly reimburse the State for costs
of construction and/or repair work made necessary by reason of such damages.
Nothing in this agreement shall be construed as creating any liability in favor of
any third party against the State or the Local Government. Additionally, this agreement
shall not ever be construed as relieving any third party from any liability to the State or
the Local Government, but the Local Government shall become fully subrogated to the
State and shall be entitled to maintain any action over and against the third party which
may be liable for having caused the Local Government to pay or disburse any sum of
money hereunder.
13. INSURANCE
The Local Government shall provide necessary safeguards to protect the public on
State-maintained highways including adequate insurance for payment of any damages
which might result during the construction, maintenance and operation of the facility
occupying such airspace or thereafter, and to save the State harmless from damages, to
the extent of said insurance coverage and insofar as it can legally do so. Prior to
beginning work on the State's right-of-way, the Local Government's construction
contractor shall submit to the State a completed insurance form (TxDOT Form No. 1560,
Exhibit "D") and shall maintain the required coverage during the construction of the
facility.
14. USE OF RIGHT-OF-WAY
It is understood that the State by execution of this agreement does not impair or
relinquish the State's right to use such land for highway purposes when it is required for
the construction or reconstruction of the traffic facility for which it was acquired, nor
shall use of the land under such agreement ever be construed as abandonment by the
State of such land acquired for highway purposes, and the State does not purport to grant
any interest in the land described herein but merely consents to such use to the extent its
authority and title permits.
15. FHWA ADDITIONAL REQUIREMENTS
If the facility is located on the Federal-Aid Highway System, "ATTACHMENT
A", which states additional requirements as set forth in the Federal Highway
Administration's Title 23, Code of Federal Regulations, Section 710, shall be attached to
and become a part of this agreement.
53326
17. CIVIL RIGHTS ASSURANCES
The Local Government, for itself, its personal representatives, successors in
interest and assigns, as part of the consideration hereof does hereby covenant and agree
as a covenant running with the land that: (1) no persons on the ground of race, color, sex,
age, national origin, religion or disabling condition, shall be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said
facility; (2) in the construction of any improvements on, or over or under such land and
the furnishing of services thereon, no person on the ground of race, color, sex, age,
national origin, religion or disabling condition, shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to discrimination; (3) the Local
Government shall use the premises in compliance with all other requirements imposed by
or pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-Assisted
programs of the Department of Transportation, Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
That, if in the event of any breach of the above non-discrimination covenants, the
State shall have the right to terminate the agreement and reenter and repossess said land
and the facilities thereon, and hold the same as if said agreement had never been made or
issued.
18. AMENDMENTS
Any changes in the time frame, character or responsibilities of the parties hereto
shall be enacted by a written amendment executed by both parties hereto.
19. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any
reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any provision hereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
in this agreement.
20. NOTICES
All notices required under this agreement shall be mailed or hand delivered to the
following respective mailing addresses:
THESTATE
LOCAL GOVERNMENT
Texas Department of Transportation
Attention: Dallas District Engineer
4777 East Highway 80
Mesquite, Texas 75150-6643
City of University Park
Attn: City Manager
3800 University Blvd.
University Park, Texas 75205
53326
21. WARRANTS
The signatories to this agreement warrant that each has the authority to enter in to
this agreement on behalf of the party represented.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures.
LOCAL GOVERNMENT
CITY OF UNIVERSITY PARK
THE STATE OF TEXAS
By:
Signature
T Rc~hert l,iving~ton
Printed/Typed Name
City Manacmr
Printed/Typed Title
Date:
Executed for the Executive
Director approved for the
Texas Transportation
Commission for the purpose
and effect of activating and/
or carrying out the orders,
established policies or work
programs heretofore
approved and Authorized by
the Texas Transportation
Commission.
By:
Zane L. Webb, P.E.
Director, Maintenance
Division
Date:
APPROVAL RECOMMENDED:
By:
Jay R. Nelson, P.E.
Dallas District Engineer
Date:
List of Attached Exhibits:
Exhibit A - Site Plan
Exhibit B - Metes and Bounds Description
Exhibit C - Approved Construction Plan
Exhibit D - Certificate of Insurance (TxDOT Form 1560)
Exhibit E - N/A
53326