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HomeMy WebLinkAboutAgenda 8-18-04 Names Tabs.doc AGENDA #2420 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