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CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK
CITY HALL COUNCIL CHAMBERS
TUESDAY, MARCH 6, 2007 AT 5:00 P.M.
2:00-2:45 PM EXECUTIVE SESSION: CONSULTATION WITH CITY
ATTORNEY REGARDING PURCHASE/SALE OF WORCOLA
PROPERTY, SECTIONS 551.071 & 551.072, GOVERNMENT
CODE
3:00-3:30 PM GROUNDBREAKING CEREMONY AND DEDICATION OF
GERMANY PARK
4:00-4:45 PM WORK SESSION FOR AGENDA REVIEW
4:45-5:00 PM EXECUTIVE SESSION: CONSULTATION WITH CITY
ATTORNEY REGARDING POSSIBLE LITIGATION UNDER
SECTIONS 551.071& 551.072, GOVERNMENT CODE
I.INVOCATION
– Director of Information Services Jim Criswell
II.PLEDGE OF ALLEGIANCE
– Director of Information Services/Boy Scouts
III.INTRODUCTION OF COUNCIL –
Mayor James H. Holmes, III
IV.INTRODUCTION OF STAFF
– City Manager Bob Livingston
V.AWARDS AND RECOGNITION
PROCLAMATION: American Red Cross Month - Page 4
PROCLAMATION: Severe Weather Awareness Week – Page 6
VI.CONSENT AGENDA
A.CONSIDER: Approval of YMCA Healthy Kids Day One Mile Fun Run –
Adams – Page 8
B.CONSIDER: Resolution ordering Special Election for May 12, 2007 to
determine sale of Potomac Park to Southern Methodist University – Wilson
Page 12
C.CONSIDER: Resolution executing election contract with Dallas County
Elections Department for Special Election May 12, 2007 – Wilson Page 15
D.CONSIDER: Interlocal Agreement with The Town of Highland Park for use
of detention and jail facilities – Adams Page 34
E.CONSIDER: Interlocal Agreement with Town of Addison for use of
detention and jail facilities – Adams Page 40
F.CONSIDER: Approval of city council meeting minutes for February 20,
2007 – Wilson Page 46
VII. MAIN AGENDA
A.CONSIDER: Proposal from RJN to develop a technical memorandum
to eliminate sanitary sewer overflows in Highland Park – Smallwood
Page 50
B.CONSIDER: Request for funding from UPRIA for attorney services –
Livingston Page 55
C.CONSIDER: Approval of lease for temporary building during City
Hall renovation – Smith Page 71
D.CONSIDER: Contract for moving services associated with City Hall
Renovation – Green/Smith Page 72
E.CONSIDER: Approval of bid for City Hall/Goar Park Landscape
Project – Bradley Page 73
F.CONSIDER: Resolution authorizing continued participation with
TXU Cities Steering Committee – Austin Page 76
G.CONSIDER: Resolution authorizing continued participation with
Atmos Cities Steering Committee – Austin Page 84
H.CONSIDER: Proposals for computing equipment and service for the
Peek Dispatch Center and City Hall Renovation – Criswell Page 94
I.CONSIDER: Early replacement of police department vehicle –
Adams Page 98
VIII. ITEMS FROM THE FLOOR
Anyone wishing to address an item not on the Agenda or having questions
about items on the Consent Agenda should do so at this time. Questions and
comments regarding Main Agenda items were made when that item was
addressed by the City Council.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may
be convened into Closed Executive Session for the purpose of seeking confidential legal
advice from the City Attorney on any agenda items listed herein
IX. INFORMATION AGENDA
REPORTS, BOARD AND COMMITTEE MEETING MINUTES
A.BOARD OF ADJUSTMENT
B.CAPITAL PROJECTS REVIEW COMMITTEE
C.COFFEE PARK ADVISORY COMMITTEE
D.EMPLOYEE BENFITS ADVISORY COMMITTEE
E.FINANCE ADVISORY COMMITTEE
F.PARK ADVISORY COMMITTEE
G.PLANNING & ZONING COMMISSION Minutes for
December 18, 2006
Page 101
H.PROPERTY CASUALTY & LIABILITY INSURANCE
ADVISORY COMMITTEE
I.PUBLIC SAFETY ADVISORY COMMITTEE Minutes for
January 18, 2007
Page 103
J.PUBLIC WORKS ADVISORY COMMITTEE
K.URBAN DESIGN & DEVELOPMENT ADVISORY
COMMITTEE
L.ZONING ORDINANCE ADVISORY COMMITTEE
AGENDA MEMO
03/06/07
February 22, 2007
TO: Honorable Mayor and
City Council Members
FROM: David Ledbetter,
Fire Chief
RE: American Red Cross Proclamation
Each year the President of the United States proclaims March “Red Cross Month”. The
American Red Cross uses this opportunity to promote its services to the American public
nationwide, and throughout our local communities. The Dallas Area Red Cross is
requesting the issuance of a similar proclamation declaring March as Red Cross Month in
University Park.
The Red Cross enhances and saves lives each day in the Dallas Area and aids communities
to prevent, prepare for and respond to emergencies. Last year, the Dallas Area Red Cross
responded to 800 local incidents, trained thousands of adults in first aid and CPR, and
took the lead in teaching people to use Automated External Defibrillators (AED’s).
The Dallas Area Red Cross will send a representative to the March 06, 2007 City Council
Meeting to receive the proclamation upon the signature of the Honorable Mayor Holmes.
UniNEW!Uy Park,.
Proclamation of American Red Cross Month
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For more than a century, the American Red Cross has been at the forefront of helping Americans prevent, prepare for and
respond to large and small disasters. Families and communities depend on the Red Cross in times of need; yet the Red Cross
depends on the support of the American people to help sustain the foundation.
Each year during the month of March we formally recognize the American Red Cross and its essential humanitarian role in our
community. We honor the role of the Dallas Area Chapter's contribution to making University Park a better place, This year
we focus on the spirit of the volunteers, donors, partners and employees who support the Red Cross mission of
humanitarianism.
Since 1911, the American Red Cross-Dallas Area Chapter has relied on the everyday heroes who donate time, blood or
money; heroes who help coordinate blood drives, heroes who provide disaster relief, heroes who prepare our community by
providing community disaster education, aquatics, health and safety programs. The Dallas Area Chapter is one of more than
700 chapters across the country who tirelessly serve their community. It has been the place where compassionate people freely
give their time and talent to help prevent and ease human suffering among friends, neighbors and even strangers.
The citizens of University Park made contributions to fund the cost of providing immediate relief to 3,326 of victims of house
fires. You gave your blood and learned how to administer CPR to save the lives of friends, neighbors and strangers. You
volunteered your time to help those in need.
In the past year alone, the Dallas Area Chapter responded to 839 oflocal emergencies, assisted 2,100 military cases and trained
250,000 people in lifesaving skills such as CPR and first aid. Red Cross volunteers are the core of the Red Cross, donating their
time and energy to selflessly serve those in need; demonstrating the compassion and generosity for which Americans are
known.
The Dallas Area Chapter has nearly 1,300 volunteers and donors provide valuable tools and education to individuals, families,
workplaces and schools; making us all stronger and more resilient.
This year we dedicate a day to our dedicated volunteers; our hometown heroes. We celebrate and acknowledge the
contributions of the many heroes of the Dallas Area Chapter for their contribution to building a better quality of life in
University Park. For the next 125 years and beyond, the Red Cross will meet the needs of the public by fostering volunteers
who are professional, prepared and committed to continuing the tradition of providing supreme service delivery to our
community.
Therefore, I, James H. Holmes III, Mayor, by virtue of the authority vested in me by University Park, Texas, do hereby
proclaim March 2007 as American Red Cross Month. I urge all Americans to continue to give your time, blood and money to
make a difference in the humanitarian fabric of this community. We help each other when we help the Red Cross.
In witness whereof, I have hereunto set my hand this
da of March, in the year two thousand seven.
American Red
AGENDA MEMO
03/06/07
TO: Honorable Mayor and
City Council Members
FROM: David L. Ledbetter,
Fire Chief
RE: Proclamation for Severe Weather Awareness
The Governor’s Division of Emergency Management has requested each Texas city
declare March 4-10, 2007 as Severe Weather Awareness Week. The goal of Severe
Weather Awareness Week is to ensure that our citizens are prepared for the variety of
extreme weather events we may experience, from tornadoes and floods to hail and
straight-line winds.
As Emergency Management Coordinator, I will ensure that the City Website will be
updated to reflect the preparedness levels each citizen should take in severe weather
incidents. Also, a press release will be issued to inform our citizens that March 4-10, 2007
will be Severe Weather Awareness Week and urge them to visit the City Website to learn
how to be prepared when severe weather does occur.
ATTACHMENTS:
Proclamation
CITY OF UNIVERSITY PARK
I.
OFFICE OF THE MAYOR
WHEREAS, Severe Weather Awareness Week is March 4-10, 2007, and
i
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I.
I'
II
I,
WHEREAS, Each year brings the potential for violent weather to Texas, and
WHEREAS, Large portions of our state, including the City of University Park, can
be devastated by flooding, tornadoes, hail, windstorms and other emergencies, and
II
II
II
II
WHEREAS, The Governor's Division of Emergency Management, the National
Weather Service and the Federal Emergency Management Agency (FEMA) have
joined together in urging all citizens to prepare for severe weather events and to
educate themselves on safety strategies, and
WHEREAS, Governor Rick Perry has declared the week of March 4-10, 2007, as
Severe Weather Awareness Week in Texas,
II
II
NOW, THEREFORE, I, James H. Holmes, III, by virtue of the authority vested
in me as Mayor of the City of University Park of University Park, Texas, do hereby
proclaim the week of March 4-10, 2007 as
SEVERE WEATHER AWARENESS WEEK
And urge everyone in our community to learn more about and to participate in severe
weather preparedness activities available in the City of University Park.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the City of University Park to be affIXed this sixth day of March of the year of our
Lord two thousan(..~~~ seven.
""-
AGENDA MEMO
(3/06/07 AGENDA)
DATE: February 28, 2007
TO: Honorable Mayor and City Council
FROM: Gary W. Adams, Chief of Police
SUBJECT: YMCA Healthy Kids Day One Mile Fun Run
Background/Analysis
Park Cities YMCA located at 6000 Preston Road has requested permission to use city streets
for the purpose of holding a one mile fun run to be held on Saturday, April 14, 2007. The
purpose of the run is to introduce programs to the community at the YMCA. This is an event
held by the YMCA nation wide.
The run will begin at 1:00 pm. There will be an estimated 100 runners.
They route is through the residential streets behind the YMCA and will cover the outer
perimeter of St. Andrews, Windsor, McFarlin and Westwick.
Recommendation
Staff recommends approval of this event.
Attachments:
Healthy Kids Day Information from the YMCA
Map of the proposed Fun Run
Healthy Kids Day
Put on by the Park Cities YMCA
Saturday, April 14, 2007
1:00 – 4:00pm
What?
YMCA Healthy Kids Day (YHKD) is an annual even that supports the healthy growth
and development of kids. YHKD is the nation’s largest health day for children and is an
important event within YMCA Activate America, the YMCA’s national initiative
rallying YMCAs across the country to further assist kids, adults and families who want to
lead a healthy lifestyle but struggle to do so.
When
YMCA Healthy Kids Day will be celebrated on Saturday, April 14 2007. This is the
official event day recognized in all national promotions.
Why?
This event is designed to introduce your community to the programs at your Y that build
healthy kids and families. While being a key event of YMCA Activate America, every
YMCA can take part in YMCA Healthy Kids Day. We at the Park Cities YMCA are
using this event as an opportunity to tell the Park Cities/University Park/Highland Park
communities about the need to develop healthy, safe kids. We feel we are a key
community leader in developing a long-term emphasis on activating the community.
1 Mile Fun Run
We would like to include a 1 mile fun run/walk as part of the HKD event. The fun run
would start at approximately 1:00pm and run through the back neighborhoods of the Park
Cities YMCA. A map with streets is drawn below. We expect approximately 200-300
people at this event and about 100 participating in the one mile run/walk.
Any further questions about the event please contact Andrea Edwards, Preschool
Director/HKD Event Chair
McFarlin
Windsor Ave.
Rd.Westwick
Preston Rd.
St. Andrews Dr.
Shenandoah
St. Andrews
Park Cities
YMCA Building
Normandy
The walk/run will start in the back of the Y and cover the outer perimeter of the
back streets (St. Andrews Dr., Windsor, McFarlin and part of Westwick).
AGENDA MEMO
(03/06/07 AGENDA)
DATE:
February 28, 2007
TO:
Honorable Mayor and Councilmembers
FROM:
Nina Wilson
City Secretary
SUBJECT: RESOLUTION ORDERING A SPECIAL ELECTION
FOR MAY 12, 2007
A Special Election is being ordered for Saturday, May 12, 2007 for the purpose of
determining the sale of Potomac Park to Southern Methodist University. The election will
be conducted at the City of University Park City Hall from 7:00 a.m. to 7:00 p.m.
Staff is proposing the appointment of Trevor Rees-Jones as Presiding Election Judge and
R.B. Murray as Alternate Presiding Election Judge. Nina Wilson, City Secretary, will be
the Early Voting Clerk responsible for appointing election clerks as needed for the proper
conduct of the election. Mail to the Early Voting Clerk should be addressed to 3800
University Boulevard, University Park, Texas 75205.
Early voting by personal appearance shall be conducted at City Hall, 3800 University
Boulevard, University Park, Texas between the hours of 8:00 a.m. and 5:00 p.m. beginning
Monday, April 30, 2007 and continuing through Friday, May 4, 2007, and from 7:00 a.m. to
7:00 p.m. beginning on Monday, May 7 and ending Tuesday, May 8, 2007.
RECOMMENDATION:
Staff recommends passing the resolution ordering a special
election for Saturday, May 12, 2007.
ATTACHMENT:
Resolution
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,
ORDERING A SPECIAL ELECTION ON SATURDAY, MAY 12, 2007 FOR THE PURPOSE
OF SELLING POTOMAC PARK TO SOUTHERN METHODIST UNIVERSITY; AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF UNIVERSITY PARK, TEXAS:
That a special election is hereby ordered to be held at City Hall, 3800 University Boulevard, City
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of University Park, Texas, on the 12day of May 2007 from 7:00 a.m. to 7:00 p.m.
Section 1: None but legally qualified voters of the City shall be entitled to vote at said election.
Section 2: Notice of said election shall be posted, not later than April 23, 2007 on the bulletin board used
to publish notices of City Council meetings.
Notice of said election shall also be published one (1) time not earlier than April 12, 2007, and
not later than April 23, 2007 in the official newspaper of the City. The City Secretary shall secure
affidavits of publication from the official newspaper giving a record of the date and fact of publication.
Section 3: Trevor Rees-Jones, 3615 Centenary, is hereby appointed Presiding Election Judge and R.B.
Murray, 4207 University, is hereby appointed Alternate Presiding Election Judge. The Presiding
Election Judge shall appoint two (2) Election Clerks and as many additional Clerks as are necessary for
the proper conduct of the election. All Judges and Clerks shall be qualified voters of the City.
Section 4: The Presiding Election Judge and Alternate Presiding Election Judge shall be paid the sum of
Eight Dollars ($9.00) and all Clerks appointed by the Presiding Election Judge shall be paid the sum of
Seven Dollars ($8.00) per hour for their services in conducting the election, not exceeding pay for more
than fifteen (15) hours of work, or not more than one (1) hour of work before the polls open and two (2)
hours after the polls close. Each election worker will also be paid the hourly rate for training.
Section 5: Early voting by personal appearance shall be conducted at City Hall, 3800 University
Boulevard, University Park, Texas between the hours of 8:00 a.m. and 5:00 p.m. beginning Monday,
April 30, 2007 and continuing through Friday, May 4, 2007, and from 7:00 a.m. to 7:00 p.m. beginning
on Monday May 7 and ending Tuesday, May 8, 2007.
After holding the election, the Presiding Election Judge shall promptly deliver returns to the City
Secretary and Mayor. The City Secretary shall thereafter present such returns to the City Council for the
canvassing of said election. The election returns shall be canvassed by the City Council not earlier than
rdth
the 3 day or later than the 11 day after Election Day at a time set by the Mayor. The City Council
shall canvass the returns as provided by law and, upon completion, shall declare the results.
th
PASSED AND APPROVED
this 6 day of March 2007.
APPROVED:
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY SECRETARY
AGENDA MEMO
(03/06/07 AGENDA)
DATE: February 28, 2007
TO: Mayor and City Council
FROM: Nina Wilson
City Secretary
SUBJECT: RESOLUTION TO EXECUTE ELECTION CONTRACT WITH DALLAS
COUNTY ELECTIONS DEPARTMENT FOR SPECIAL ELECTION TO
DETERMINE SALE OF POTOMAC PARK TO SOUTHERN
METHODIST UNIVERSITY
ITEM:
The City has contracted with the Dallas County Elections Department to conduct our
election since 1994.
The cost of the contract for Early Voting is estimated at $4,409.20 and Election Day at $1,682.78 plus
an Election Services fee of $609.20 for a total of $6,701.18.
RECOMMENDATION:
Contract with Dallas County Elections Department to conduct the election
for Early Voting and Election Day.
ATTACHMENTS:
Resolution
Election Services Contract
DALLAS COUNTY ELECTIONS DEPARTMENT
February 27,2007
MEMORANDUM
To:
Nina Wilson, City of University Park ~
Toni Pippins-Poole, CERA, Assistant Elections Administrator ~ \t-~
May 12,2007 Final Election Contract
From:
Subject:
Enclosed is a copy ofthe final contract for the May 12, 2007 City of University Park Special
Election, also included is an estimated cost analysis listing all charges and services to be
provided. Please obtain the necessary signatures and return one original signature page to our
office. The enclosed contract and one signature page should remain for your records.
Should you have any questions or need additional information, please contact me at (214) 819-
6334.
TPP:crt
2377 N. Stemmons Suite 820 Dallas, Texas 75207 214-819-6300
ELECTION SERVICES CONTRACT
BETWEEN
DALLAS COUNTY ELECTIONS DEPARTMENT (DCED)
AND
CITY OF UNIVERSITY PARK (UP)
TO BE HELD SATURDAY, MAY 12, 2007
TO BE ADMINISTERED BY THE DALLAS COUNTY ELECTIONS DEPARTMENT
1. JURISDICTION
The City of University Park (UP) plans to hold a Special
Election for a proposition on the sale of land on May 12, 2007
in seven (7) Dallas County voting precincts. This contract for
election services is between the City of University Park and
the Dallas County Elections Department is authorized by
Subchapter D of Chapter 31, Texas Election Code.
2. ADMINISTRATION
DCED agrees to coordinate, supervise and handle all aspects of
administering the Special Election in accordance with the
provisions of the Texas Election Code and as outlined in this
agreement. UP agrees to pay DCED for equipment, supplies,
services and administrative costs as outlined in this
agreement. DCED will serve as administrator for the Election;
however, UP remains responsible for the lawful conduct of
their respective election.
3. LEGAL DOCUMENTS
3.1 UP will be responsible for preparation, adoption and
publication of all required election orders, resolutions,
notices and any other pertinent documents required by their
governing body.
3.2 UP will be responsible for making the submission required by
the Federal Voting Rights Act of 1965, as amended, with regard
to administration of the Special Election. A copy of the
submission will be furnished to DCED. Preparation of necessary
bilingual materials for notices and preparation of the text
for the official ballot will also be the responsibility of UP.
UP will provide a copy of their respective election notices
and justice submission to DCED.
4.
4.1
4.2
4.3
5.
5.1
OPTICAL SCAN VOTING SYSTEM/DIRECT RECORD
UP agrees that voting at the Special Election will be by use
of a direct record and optical scan voting system approved by
the Secretary of State in accordance with the Texas Election
Code. DCED will be responsible for the preparation of
programs and the testing of the direct record system and
optical scan system used for tabulating the ballots. Testing
of the direct record equipment will be conducted at the
Elections Department, 2377 N. Stemmons Frwy, Suite 820, Dallas
beginning Thursday, April 26, 2007 at 10:00 am and testing of
the optical scan equipment will be conducted at the Election
Equipment Warehouse, 1506 East Langdon Road, Hutchins
beginning Monday, April 16, 2007 at 10:00 am, and before
ballots are tabulated at the scheduled polling locations
listed in Section 13 of this contract and Attachment nB" by
the presiding judges. DCED agrees to establish a central
counting station to receive and tabulate the voted ballots and
provisional ballots as outlined in Section 9 of this
agreement.
DCED agrees to provide precinct tabulators, Gemini voting
booths, iVotronic terminals, ADA terminals, and activator PEBS
for the Special Election. Gemini voting booth allocation will
be based on providing one voting booth for each 300 registered
voters in each election precinct unit, not to exceed seven (7)
voting booths in any given precinct unit and one precinct
tabulator per location and Central Counting Station.
It is estimated that four (4) Gemini voting booths, two (2)
iVotronic terminals, one (1) precinct tabulator, and two (2)
ADA Terminals will be needed to conduct the May 12, 2007
Special Election. The cost for the use of the Gemini voting
booths will be determined by multiplying the total number of
voting booths by $35.00 each. The cost for the use of the
precinct tabulator will be $175.00 each. The cost for the use
of the ADA Terminals will be $300.00 each. The cost of the use
of the iVotronic terminals will be $250.00 each. The cost for
the use of the Activator PEBS will be $10.00 each(See
Attachment "A").
VOTING LOCATION
UP will select and arrange for the use of and payment for the
voting location. The voting location will be, whenever
possible, the usual voting location for the precincts. The
proposed voting location is listed in Attachment "B" of this
agreement. In the event the voting location is not available,
DCED will arrange for use of an alternate location with the
approval of UP. DCED will notify each participating authority
of any changes from the location listed in Attachment "B".
PAGE 2
5.2 DCED will send UP a final version of Attachment "B" which
reflects the actual location to be used on the day of the
election.
6. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL
6.1 UP will be responsible for the appointment of the presiding
judge and alternate for the polling location. DCED shall
arrange for the training of the presiding judge and clerks.
The proposed election judge is listed in Attachment "C" of
this agreement. If a person is unable or unwilling to serve,
UP will name a judge for the precinct.
6.2 In compliance with the Federal Voting Rights Act of 1965, as
amended, precincts containing more than 5% Hispanic
population, according to the 2000 census statistics, are
required to have interpreter assistance. If a presiding judge
is not bilingual and is unable to hire a bilingual clerk, DCED
may make a recommendation. If DCED is unable to make a
recommendation, each participating authority shall be notified
and responsible for providing a recommendation for the
precinct.
6.3 DCED is responsible for notifying the election judge of the
eligibility requirements of Subchapter C of Chapter 32 of the
Texas Election Code, and will take the necessary steps to
insure that the election judge appointed for the special
election is eligible to serve. The presiding judge, with the
DCED assistance, will be responsible for insuring the
eligibility of each appointed clerk hired to assist the judge
in the conduct of the election.
6.4 DCED will send UP an updated version of Attachment "C" which
reflects the name of the judge who was sent the letter
requesting service for this election, and a final version for
Attachment "C" which reflects the name of the judge who
actually presided on the day of the election.
6.5 DCED will hold a public school of instruction on the use of
optical scan voting equipment, ADA Direct Record Terminal and
election laws on a date, time, and location to be determined
by UP. No election judge will be appointed unless he/she has
attended an election judge training session taught by DCED.
6.6 DCED is responsible for picking up and delivering election
supplies at the determined location (which will be set forth
in the election judge letter requesting service for this
election). Each election judge will receive $9.00 per hour and
each clerk will receive $8.00 per hour (for a maximum of 14
hours) .
PAGE 3
6.7 DCED will employ other personnel necessary for the proper
administration of the election, including such part-time help
as is necessary to prepare for the election, to ensure the
timely delivery of supplies and equipment during the period of
early voting and on Election Day, and for the efficient
tabulation of ballots at the central counting station. Part-
time personnel will be paid an amount agreed to by UP as
outlined in Attachment "A". Part-time personnel working in
support of the central counting station on election night will
receive pay for at least four hours, minimum call for service,
regardless of the actual hours worked.
7. SUPPLIES AND PRINTING
7 .1 DCED will arrange for all election supplies and election
printing, including, but not limited to, all forms, signs and
other materials used by the election judge at the voting
location.
7.2 DCED will provide maps, if necessarYI instructions and other
information needed to enable the election judges to conduct a
proper election.
7.3 UP shall furnish DCED with the ballot wording showing the
exact manner in which the proposition shall appear on the
official ballot. The list will be delivered to DC ED as soon as
possible. UP will be responsible for proofreading and
approving the ballot in so far as it pertains to their
proposition.
8. OPTICAL SCAN CARD BALLOTS
The ballot allocation for this election is based on providing
enough ballots in every reporting precinct to handle the same
turnout as in comparable elections plus 25 percent (25%) of
that number, for an original allocation of no less than 25% of
the registered voters.
9. RETURNS OF ELECTIONS
9.1 DCED will be responsible for establishing and operating the
central counting station to receive and tabulate the voted
ballots in accordance with the provisions of the Texas
Election Code and of this agreement.
PAGE 4
9.2 UP, in accordance with Section 127.002, 127.003 and 127.005 of
the Texas Election Code, appoints the following central
counting station officials:
Manager
- Bruce R. Sherbet
Dallas County Elections
Administrator
Tabulating Supervisor
- TBD
Presiding Judge
- TBD
9.3 The Manager or his representative will deliver timely
cumulative reports of the election results as precincts are
tabulated. The manager will be responsible for releasing
cumulative totals and precinct returns from the election to
UP, the press, and general public. DCED will operate an
election result center to release election results at the
University Park City Hall, 3800 University Blvd, University
Park, Texas. UP, upon request, may require release of returns
be given only at a specified location other than from the
result center. If UP would like Dallas County's web-site
linked to their web-site, UP must provide their web-site
address to the Central Counting Station Manager.
9.4 DCED will prepare the unofficial canvass report after all
precincts have been counted, and will deliver a copy of the
unofficial canvass to UP as soon as possible after all
returns, provisional ballots, and late overseas ballots have
been tabulated, but in no event no later than 10:00am Monday,
May 21, 2007. UP will be responsible for the official canvass
of their election.
9.5 DC ED will be responsible for conducting the post election
manual recount, unless each participating authority has
received a waiver from the Secretary of State in accordance
with Section 127.201 of the Texas Election Code. Notification
and copies of the recount will be provided if necessary. Each
participating authority must notify DCED if a waiver for
partial manual recount has been granted or denied twenty (20)
days before the election.
PAGE 5
12.3 Under the law created by HB 1580, 79th Regular Session, 2005
which amended Section 66.058 (Texas Election Code), the DCED
will retain election records for 60 days. After 60 days DCED
will make arrangements to deliver election records to UP. The
election records will then become the responsibility of UP for
the remainder of the 22 month preservation period. UP will be
responsible for the destruction of election records after the
preservation period.
13. EARLY VOTING
13.1 Nina Wilson, City Secretary, will be appointed as early voting
clerk in compliance with Sections 31.097 of the Texas Election
Code. Bruce R. Sherbet, Elections Administrator, will be
appointed as chief deputy early voting clerk. Other deputy
early voting judges/clerks will be appointed, subject to the
approval of UP, as needed to process early voting mail and to
conduct early voting at the main location. The recommended
deputy early voting judge/clerk for the main early voting
location is listed in Attachment "D".
13.2 Early voting by personal appearance will be conducted on
weekdays beginning Monday, April 30, 2007, and continuing
through Friday, May 4, 2007, between 8: OOam and 5: OOpm;
Monday, May 7, 2007, and continuing through Tuesday, May 8,
2007 between 7:00am and 7:00pm. Any qualified voter for the
Special Election may vote early by personal appearance at the
following location:
MAIN EARLY VOTING POLLING PLACE
UNIVERSITY PARK CITY HALL
3800 UNIVERSITY BLVD
UNIVERSITY PARK, TEXAS 75205
13.3 All requests for early voting ballots by mail that are
received by participating authorities will be transported by
runner on the day of receipt to the Dallas County Elections
Department, 8th Floor, 2377 N. Stemmons Frwy, Suite 820, Dallas
for processing. Persons voting by mail will send their voted
ballots to the Dallas County Elections Department.
13.4 All early voting ballots from in person and by mail will be
prepared for counting by an early voting Ballot Board appointed
in accordance with Section 87.001 of the Texas Election Code.
UP will appoint one member to the board and will notify DCED of
the person's name and address no later than March 30, 2007.
PAGE 7
14. NOTICE
Whenever this agreement requires any consent, approval notice,
request or demand, it must be in writing to be effective and
shall be delivered to the party intended to receive it as shown
below:
If to the Elections Administrator:
Bruce R. Sherbet
Dallas County Elections Administrator
Elections Department - First Floor
Records Building - 509 Main Street
Dallas, Texas 75202
(214) 819-6300 (ph)
(214) 819-6301 (fx)
If to the City:
Nina Wilson, (UP)
City Secretary
3800 University Blvd.
University Park, Texas 75205
(214) 987-5303
. .,.".....;/'-"
.-/>/
;.~~/ /
RESP~~:?'~TED//E BY:
./~ ikM
BRUCE\R. SHERBET,
DALLAS COUNTY ELECTIONS ADMINISTRATOR
COUNTY DISTRICT ATTORNEY:
j ~Svf4Jk
jr15IRA SCHILKE,
STAFF ATTORNEY
ACCEPTED AND AGREED TO BY THE CITY OF UNIVERSITY PARK:
APPROVED AS TO FORM:
ATTEST:
JAMES H. HOLMES III,
MAYOR
NINA WILSON
CITY SECRETARY
City of University Park
May 12, 2007 Estimated Election Cost Audit
Acct.
Total
Election Total $6,091.98
Election Services Fee $609.20
Total Cost $6,701.18
Amount of Deposit $0.00
(Overpaid)/Underpaid
Attachment "A"
1
City of University Park
May 12, 2007 Estimated Election Cost Audit
Acct.
7040 Voting Booths 1 (Provisional Usage) $35.00 $35.00
7040 Touch Screen/iVotronics(7plloc.) 2 $275.00 $550.00
7040 ADA Terminals 1 $300.00 $300.00
7040 PEB/Supervisors Terminals 1 $10.00 $0.00
7040 Commmunication Pack 1 $50.00 $50.00
7040 Furniture Rental various EV locations and Ballot Board
7040 Computer Rental (County) N/A
7040 Provisional Ballot Bags 2 $5.00 $10.00
7040 Ballot Cans $5.00 N/A
7040 Van Rental\Car Rental
7211 Telephones various EV locations
Warehouse Overtime 1 people ~13~~_e_a_~ $24p/h
Security-Branch Lor;ations ...-....-..---- -+--
r- 1060 Election Department Tempora~ I
't060 Canvass Committee ..__ -;-;,~ 1_~ -5hrs @ $8.29p/h $41 .45
10'50 Judges 1 Judge @ "/1 hrs @ 10. 72p/h $750.40
1060 Clerks 1 clerk @ 71 hrs @ 8.29p/h $588.59
1060 Mail Workers/PA Worl<ers 1 clerk@ 9hrs @$11.05 $99.45 ~
1060 Warehouse Temporaries
1060 Supervisors/Ballot Board 1 person @ 5hrs @ $11.57p/h $57.85
1060 Branch Runners
1112 Medicare x 1.45% $30.30
1110 Social Security Chargeback x6.2% $129.56
1110 Fica/RunnerslT echnicians
1150 Retirement Charge Back x8.5% $46.92
5590 Temporary Service Bilingual Clerk
2180 Ballot Cards 1,184 0.2500 $296.00
2180 Test Ballots N/A
2180 Sample Ballot 50 0.080
2180 Provisional Ballots 50 0.08 $4.00
2180 Mail ballot kit $2.00 $0.00
2180 Voted Stamps 4 $1.05 $2.18
2180 Personal Appearance Application 76 $0.08 $40.00
2180 Misc. Judge Kit Supplies 0 $45.00 $45.00
2880 Supplies/Office DepotlKinkos Accurate Forms/Preferred Office
Attachment "A"
2
May 12, 2007 Estimated Election Cost Audit
Acct.
Attachment "A"
3
Acct.
7040 Precinct Counter (1p/loc.) $175.00 $175.00
7040 Voting Booths (6plloc.) $15.00
7040 ADA Terminals $300.00 $300.00
7040 PEB/Supervisors Terminals $10.00 $10.00
7040 Furniture Rental Central Count StationNarious Polling Loc.
7040 Geminis 3 $35.00 $105.00
7040 Provisional Ballot Bags $5.00 $5.00
7050 Truck RentalNan Rental
7213 Phones for Judges
7211 Phones for Warehouse 25 lines
7211 Phone Lines/Bulletin Board 25 telephone lines
1020 Judges 1 Judge poll stamping $169.00
1020 Clerks 1 clerk $112.00
1020 Regional Site Support (10 reg.sites) election night & Supply Pickup
1020 Traffic Control officers (10 reg. Sites) election night & Supply Pickup
1050 Security/~entral Count
1050 County Employee/CCS/Response Team ~ $152.00
1050 EI3ction Oepntmem OIT
1050 Sheriffs Deout;e3
'1050 Warehouse Ofr 1 person @ :; hrs @ $24pfh $120.00
1060 Election De~t. Temporaries _._L
1112 Meaicare x 1.45% $3.94
1110 Social Security Chargeback x6.2% $16.86
1150 i~etirement Charge Back x 8.5% $23.12
5590 Temporary Service
5590
5590
5590
2170
ES& S Support/Consulting
ES&S Sound Wave Cards
NTCOG Website
Federal Express
Joint Justice Submission
2170 Election Judges Letters(+Alt)
2170 EJ Reply Card/(+Alt)
2170 Poll location letters/Alt judge letters
2170 Polling location Change
2170 Election Paychecks
Attachment "A"
4
--- - ---- ---~---------_.._-_._------~-,_._-,._-------_.-
May 12, 2007 Estimated Election Cost Audit Acct.
2180 Ballot Cards/Precinct 1,200 0.25000 $296.00
2180 Formats 1 $29.50 $29.50
2180 Supplies
2180 Test Ballots 0 $0.2500 $37.50
2180 Ballot & Seal Certificate $2.95 $5.90
2180 ADA Ballot & Seal Certificate $2.95 $5.90
2180 Provisional Ballot & Seal Certificate 0 $2.95 $5.90
2180 Provisional Ballots 50 $0.08 $4.00
2180 Rubber Voting Stamps 6 $1.05 $4.36
2180 Statement of Expense
2180 Sample Ballots 10 $0.08 $11.80
2180 Misc. Judge Kit Supplies 1 $45.00 $45.00
Attachment "A"
5
POLLING LOCATION
ATTACHMENT "B"
UNIVERSITY PARK CITY HALL
3800 UNIVERSITY BLVD
UNIVERSITY PARK, TEXAS 75205
ELECTION JUDGE
ATTACHMENT "C
ELECTION JUDGE:
TREVOR REES-JONES
3615 CENTENARY
UNIVERSITY PARK, TEXAS 75225
ALTERNATE JUDGE:
R.B. MURRAY
4207 UNIVERSITY BLVD
UNIVERSITY PARK, TEXAS 75205
EARLY VOTING JUDGE/CLERK
ATTACHMENT "D"
EARLY VOTING JUDGE:
UNIVERSITY PARK CITY HALL
NINA WILSON
3800 UIVERSITY BLVD.
UNIVERSITY PARK, TEXAS 75205
PHONE: (214) 987-5303
DEPUTY EARLY VOTING JUDGE:
PEGGY WILDMAN
3648 HAYNIE
UNIVERSITY PARK, TEXAS 75205
Returns of Elections
9.2
The City of University Park Special Election, in accordance with Sections 127.001. 127.003,
127.004, ofthe Texas Election Code, hereby appoint the following tabulating personnel:
Tabulating Supervisor: John Franco
ATTACHMENT "E"
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS
AUTHORIZING THE MAYOR TO EXECUTE AN ELECTION SERVICES
CONTRACT FOR THE SPECIAL ELECTION TO BE HELD ON MAY 12, 2007
FOR THE PURPOSE OF DETERMINING THE SALE OF POTOMAC PARK TO
SOUTHERN METHODIST UNIVERSITY; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS
, the City Council of the City of University Park, Texas is calling a
Special Election to be held May 12, 2007; and
WHEREAS
, the City Council proposes to contract with Dallas County Elections
Department to administer the election;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF UNIVERSITY PARK, TEXAS:
SECTION I
That the Mayor, with concurrence of the City Council, is hereby authorized to
execute an election services contract in substantially the form and substances of Exhibit
“A” attached hereto and incorporated herein for all purposes.
SECTION II
That this resolution shall take effect immediately upon its passage and approval as
provided by law.
th
DULY RESOLVED
by the University Park City Council on this the 6 day of
March 2007.
____________________________
James H. Holmes, III Mayor
ATTEST:
________________________
Nina Wilson, City Secretary
AGENDA MEMO
(03/06/2007 AGENDA)
DATE: February 22, 2007
TO: Honorable Mayor and City Council
FROM: Gary W. Adams, Chief of Police
SUBJECT: Inter-local Agreement between the City of University Park and the Town of
Highland Park for Use of Detention Facilities
Background/Analysis
The City of University Park’s Police Department will be closing its temporary holding facility for
arrested persons during the remodeling phase of city hall. It is expected that the holding facility will be
closed for up to one year, or longer. In order to have a facility to hold arrested persons, the University
Park Police Department has worked out an inter-local agreement with the Town of Highland Park
Department of Public Safety, which allows University Park to use the Highland Park holding facility.
The cost to the City of University Park will be set at a flat rate of $45.00 per arrested person for up to
72 hours, as Highland Park, like University Park, only operates a temporary holding facility and not a
jail.
This agreement is necessary in that there is no other holding facility located in the City of University
Park; a temporary holding facility was not included in the temporary police facilities to be located at
the Peek Center (which is in the law enforcement jurisdiction of the Dallas, Police Department); Dallas
has no municipal jail facility to offer; and the Dallas County Jail is full most of the time and will not
accept municipal prisoners.
It should be noted that juveniles will be able to be held at the temporary facility of the University Park
Police Department at the Peek Center in a holding room, for a few hours, but not for any extended
period of time, and certainly not over night. In the event a juvenile is arrested, who requires holding for
any significant length of time, that juvenile will be transported to the Dallas County, Juvenile Detention
Facility.
Recommendation
Staff recommends that the City of University Park enter into an inter-local agreement with the Town of
Highland Park, in order to temporarily hold arrested persons.
As this is an inter-local agreement between the two entities, it is also recommended that Highland Park
be allowed to use the University Park holding facility, when and if needed, at a time when the
University Park holding facility is open and back in service.
Attachments:
?
Interlocal Agreement between the City of University Park and the Town of
Highland Park for the Use of Detention Facilities.
STATE OF TEXAS §
§
COUNTY OF DALLAS §
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF HIGHLAND PARK AND
THE CITY OF UNIVERSITY PARK FOR THE USE OF DETENTION FACILITIES
WHEREAS, the Town of Highland Park, a Texas municipal corporation
(hereinafter called “Highland Park”), has among its purposes the ownership,
maintenance, and operation of a temporary holding facility; and
WHEREAS, the City of University Park, a Texas municipal corporation
(hereinafter called “University Park”), has among its purposes the ownership,
maintenance, and operation of a temporary holding facility; and
WHEREAS, Highland Park and University Park recognize that, at times, it may
be necessary for University Park to house University Park detainees within the Highland
Park temporary holding facility; and
WHEREAS, University Park and Highland Park recognize that, at times, it may
be necessary for Highland Park to house Highland Park detainees within the University
Park temporary holding facility; and
WHEREAS, the Highland Park Department of Public Safety agrees to provide
space in the Highland Park temporary holding facility, if available, to the University Park
Police Department when the University Park temporary holding facility cannot be used;
and
WHEREAS, the University Park Police Department agrees to provide space in
the University Park temporary holding facility, if available, to the Highland Park
Department of Public Safety when the Highland Park temporary holding facility cannot
be used; and
WHEREAS, Chapter 791, the Interlocal Cooperation Act (the “Act”), of the Texas
Government Code provides authorization for a local government to contract with one or
more other local governments to perform governmental functions and services under
the terms of the Act; and
WHEREAS, police protection and detention services are governmental functions
and services pursuant to § 791.003 of the Act; and
WHEREAS, Highland Park and University Park find that it is in the public interest
to enter into this agreement;
NOW, THEREFORE, this Interlocal Agreement (“Agreement”) is hereby made
and entered into by Highland Park and University Park for the mutual consideration
stated herein:
1
WITNESSETH:
I.
The above and foregoing premises to the Agreement are true and correct and
are incorporated herein and made a part hereof.
II.
In regards to this Agreement and the use of the other municipality’s temporary
holding facility, the following applies: detainees of the Highland Park Department of
Public Safety will be defined as any detainee who cannot be held in the Highland Park
temporary holding facility due to unusual circumstances regarding the temporary
holding facility itself or the operation of the temporary holding facility facility. Likewise,
detainees of the University Park Police Department will be defined as any detainee who
cannot be held in the University Park temporary holding facility due to unusual
circumstances regarding the temporary holding facility itself or the operation of the
temporary holding facility facility.
III.
For the purposes of this Agreement, the agency making the arrest of the
detainee needing housing will be referred to as the ARRESTING AGENCY. The
agency receiving the detainee for housing will be referred to as the RECEIVING
AGENCY.
IV.
Unusual circumstances that might lead either municipality’s police department to
request use of the other municipality’s temporary holding facility may include but are not
limited to the following: (1) construction or remodeling, (2) fire, (3) utility problems, (4)
structural issues, (5) other operational issues as determined and agreed by the
Chief/Director of both agencies.
V.
The RECEIVING AGENCY shall accept detainees from the ARRESTING
AGENCY until the temporary holding facility reaches the maximum capacity of eight (8)
persons.
VI.
The ARRESTING AGENCY shall deliver the detainee to the designated area of
the RECEIVING AGENCY’s temporary holding facility. The RECEIVING AGENCY will
provide a sworn employee to process the booking of the detainee into the temporary
holding facility. The ARRESTING AGENCY will be responsible to provide a copy of the
ARRESTING AGENCY’s arrest report and listing any and all medical conditions, risk
factors, or special needs of the detainee. RECEIVING AGENCY will not accept any
detainee that requires immediate medical treatment at the time of booking. The
RECEIVING AGENCY on-duty supervisor will maintain the right to refuse to accept a
detainee based on the immediate detainee’s medical needs, or excessive risk factors,
or excessive special needs. The ARRESTING AGENCY will search the detainee for
weapons or contraband in the presence RECEIVING AGENCY. ARRESTING
AGENCY will be responsible for custody of any evidence and filing all appropriate
criminal charges resulting from this search.
2
VII.
The RECEIVING AGENCY shall be responsible to inventory and secure all
property in possession of the detainee at the time of booking. RECEIVING AGENCY
shall return this property to detainee upon release from the temporary holding facility.
VIII.
The RECEIVING AGENCY shall complete the RECEIVING AGENCY’s booking
form and a photograph for positive identification of the detainee. RECEIVING AGENCY
will complete a CR-45 ten print fingerprint card for all detainees with misdemeanor
Class B or Class A or any felony charges. This CR-45 card will be returned to
ARRESTING AGENCY for filing of appropriate paperwork. The detainee shall be
allowed to place a local telephone call before entering the holding cell. Telephone
usage and the number called shall be documented on the RECEIVING AGENCY
booking form. The RECEIVING AGENCY will issue a blanket and mattress to the
detainee for use during detention and assign a holding cell, which shall be documented
on the booking form.
VIII.
All detainees will appear before a magistrate for arraignment within twenty-four
(24) hours of arrival at the temporary holding facility. RECEIVING AGENCY will keep
the original of the arraignment form with the booking form and forward a copy of the
arraignment form to ARRESTING AGENCY.
IX.
RECEIVING AGENCY will be responsible for feeding of all detainees in the
temporary holding facility. RECEIVING AGENCY shall be responsible to secure and
administer any prescribed medication or special diets to the detainee.
X.
RECEIVING AGENCY shall provide any emergency medical treatment required
by the detainee and transport the detainee to Parkland Memorial Hospital.
ARRESTING AGENCY shall be responsible for any costs associated with medical
treatment or transport to the hospital. The ARRESTING AGENCY shall be responsible
for security of the detainee during transport and while at the hospital.
XI.
The detainee will not receive any visitor while housed at RECEIVING AGENCY
with the exception of the detainee’s designated attorney.
XII.
All bonds and fines shall be the responsibility of ARRESTING AGENCY.
ARRESTING AGENCY shall notify RECEIVING AGENCY by TCIC teletype authorizing
release of any detainee. RECEIVING AGENCY will attach a copy of this release
teletype to the booking form and maintain the booking form, arraignment form and
release teletype according to RECEIVING AGENCY’s retention schedules.
3
XIII.
ARRESTING AGENCY shall pay RECEIVING AGENCY forty-five dollars
($45.00) per detainee housed in the RECEIVING AGENCY’s temporary holding facility
for up to seventy-two (72) hours of detention.
XIV.
This Agreement becomes effective upon the date of its execution, which
execution date is deemed to be the date the last of the parties signs this agreement.
The initial term of this Agreement shall commence on the effective date hereof and
continue for a period of one year. This Agreement shall automatically renew annually
for successive one-year terms unless terminated as provided herein. This Agreement
may not be amended except by a written statement specifically referring to this
Agreement and signed by the parties hereto. This Agreement shall be reviewed
annually by the parties and required modifications made as specified above.
XV.
This Agreement is solely for the benefit of the parties hereto and is not intended
to, and shall not create any rights, contractual or otherwise, to any other person or
entity. Notwithstanding this Agreement, each municipality shall maintain control and
authority over its own personnel.
XVI.
This Agreement may not be assigned or transferred by any party without prior
written consent of the other party.
XVII.
Upon execution. this Agreement constitutes a legal, valid, and binding obligation
of the parties, their successors and permitted assigns. Each person executing this
Agreement on behalf of the entity represented warrants that the person has full right
and authority to enter into this Agreement.
XVIII.
Notwithstanding any other provision of this Agreement, this Agreement shall be
expressly subject to the governmental immunity of Highland Park and University Park,
Title 5 of the Texas Civil Practice and Remedies Code, and all applicable federal and
state law. This Agreement shall be governed by and construed in accordance with the
laws and court decisions of the State of Texas. Exclusive venue for any legal action
regarding the Agreement filed by either Highland Park or University Park shall be in
Dallas County, Texas.
The parties to this agreement hereby state and represent that each of the parties
hereto paying for the performance of the governmental services provided are making
those payments and incurring those costs from current revenues available to each of
the respective parties.
XIX.
4
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which are one and the same instrument.
XX.
In the event that one or more provisions contained in the Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, this Agreement
shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein, and such provision shall not affect the remaining provisions of the
Agreement, which shall remain in full force and effect.
XXI.
This Agreement embodies the complete agreement of the parties, superseding
all oral or written, previous and contemporary, agreements between the parties relating
to matters in this Agreement and, except as otherwise provided herein, cannot be
modified without written supplemental agreement of the parties to be attached to and
made a part of this Agreement.
XXII.
Any notice provided for in this Agreement to be given by either party to the other
must be in writing and shall be deemed given when personally delivered, or three (3)
business days after being deposited in the United States Mail, postage prepaid,
certified, return receipt requested, or registered addressed as follows:
To Highland Park To University Park
Town of Highland Park City of University Park
Darrell L. Fant Gary W. Adams
Director of Public Safety Chief of Police
4700 Drexel Drive 3800 W. University Blvd.
Highland Park, TX 75205 University park, TX 75205
Either party may change its address for notice by giving the other party notice thereof in
accordance with this Agreement.
th
Executed as of the 6 day of March 2007, hereafter deemed to be the Effective
Date of this Agreement.
TOWN OF HIGHLAND PARK CITY OF UNIVERSITY PARK
GEORGE PATTERSON BOB LIVINGSTON
Town Administrator City Manager
By:_______________________ By:________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
ALBERT D. HAMMACK, Town Attorney ROB DILLARD, City Attorney
By:________________________ By:_________________________
Town Attorney City Attorney
5
AGENDA MEMO
(03/06/2007 AGENDA)
DATE: February 22, 2007
TO: Honorable Mayor and City Council
FROM: Gary W. Adams, Chief of Police
SUBJECT: Inter-local Agreement between the City of University Park and the Town of
Addison, Texas, for Use of Detention and Jail Facilities
Background/Analysis
The City of University Park’s Police Department will be closing its temporary holding facility for
arrested persons during the remodeling phase of city hall. It is expected that the holding facility will be
closed for up to one year, or longer. In order to have a facility to hold arrested persons, the University
Park Police Department has worked out an inter-local agreement with the Town of Addison Police
Department, which allows University Park to use the Addison Jail.
This agreement is necessary in that there is no other holding facility located in the City of University
Park; a temporary holding facility was not included in the temporary police facilities to be located at
the Peek Center (which is in the law enforcement jurisdiction of the Dallas, Police Department); Dallas
has no municipal jail facility to offer; and the Dallas County Jail is full most of the time, and will not
accept municipal prisoners.
It should be noted that juveniles will be able to be held at the temporary facility of the University Park
Police Department at the Peek Center in a holding room, for a few hours, but not for any extended
period of time, and certainly not over night. In the event a juvenile is arrested, who requires holding for
any significant length of time, that juvenile will be transported to the Dallas County, Juvenile Detention
Facility.
Recommendation
Staff recommends that the City of University Park enter into an inter-local agreement with the Town of
Addison, in order to temporarily hold arrested persons.
As this is an inter-local agreement between the two entities, it is also recommended that the Town of
Addison be allowed to use the University Park holding facility, when and if needed, at a time when the
University Park holding facility is open and back in service.
Attachments:
?
Interlocal Agreement between the City of University Park and the Town of
Addison, Texas.
STATE OF TEXAS §
§
COUNTY OF DALLAS §
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF ADDISON AND THE CITY
OF UNIVERSITY PARK FOR THE USE OF DETENTION FACILITIES
WHEREAS, the Town of Addison, a Texas municipal corporation (hereinafter
called “Addison”), has among its purposes the ownership, maintenance, and operation
of a temporary holding facility; and
WHEREAS, the City of University Park, a Texas municipal corporation
(hereinafter called “University Park”), has among its purposes the ownership,
maintenance, and operation of a temporary holding facility; and
WHEREAS, Addison and University Park recognize that, at times, it may be
necessary for University Park to house University Park detainees within the Addison
Jail; and
WHEREAS, University Park and Addison recognize that, at times, it may be
necessary for Addison to house Addison detainees within the University Park temporary
holding facility; and
WHEREAS, the Addison Police Department agrees to provide space in the
Addison Jail, if available, to the University Park Police Department when the University
Park temporary holding facility cannot be used; and
WHEREAS, the University Park Police Department agrees to provide space in
the University Park temporary holding facility, if available, to the Addison Police
Department when the Addison Jail cannot be used; and
WHEREAS, Chapter 791, the Interlocal Cooperation Act (the “Act”), of the Texas
Government Code provides authorization for a local government to contract with one or
more other local governments to perform governmental functions and services under
the terms of the Act; and
WHEREAS, police protection and detention services are governmental functions
and services pursuant to § 791.003 of the Act; and
WHEREAS, Addison and University Park find that it is in the public interest to
enter into this agreement;
NOW, THEREFORE, this Interlocal Agreement (“Agreement”) is hereby made
and entered into by Addison and University Park for the mutual consideration stated
herein:
WITNESSETH:
1
14540
I.
The above and foregoing premises to the Agreement are true and correct and
are incorporated herein and made a part hereof.
II.
In regards to this Agreement and the use of the other municipality’s holding
facility, the following applies: detainees of the Addison Police Department will be
defined as any detainee who cannot be held in the Addison Jail due to unusual
circumstances regarding the Jail itself or the operation of the Jail. Likewise, detainees
of the University Park Police Department will be defined as any detainee who cannot be
held in the University Park temporary holding facility due to unusual circumstances
regarding the temporary holding facility itself or the operation of the temporary holding
facility facility.
III.
For the purposes of this Agreement, the agency making the arrest of the
detainee needing housing will be referred to as the ARRESTING AGENCY. The
agency receiving the detainee for housing will be referred to as the RECEIVING
AGENCY.
IV.
Unusual circumstances that might lead either municipality’s police department to
request use of the other municipality’s temporary holding facility may include but are not
limited to the following: (1) construction or remodeling, (2) fire, (3) utility problems, (4)
structural issues, (5) other operational issues as determined and agreed by the
Chief/Director of both agencies.
V.
The RECEIVING AGENCY shall accept detainees from the ARRESTING
AGENCY until the temporary holding facility reaches the maximum capacity of eight (8)
persons.
VI.
The ARRESTING AGENCY shall deliver the detainee to the designated area of
the RECEIVING AGENCY’s temporary holding facility. The RECEIVING AGENCY will
provide a sworn employee to process the booking of the detainee into the temporary
holding facility. The ARRESTING AGENCY will be responsible to provide a copy of the
ARRESTING AGENCY’s arrest report and listing any and all medical conditions, risk
factors, or special needs of the detainee. RECEIVING AGENCY will not accept any
detainee that requires immediate medical treatment at the time of booking. The
RECEIVING AGENCY on-duty supervisor will maintain the right to refuse to accept a
detainee based on the immediate detainee’s medical needs, or excessive risk factors,
or excessive special needs. The ARRESTING AGENCY will search the detainee for
weapons or contraband in the presence RECEIVING AGENCY. ARRESTING
AGENCY will be responsible for custody of any evidence and filing all appropriate
criminal charges resulting from this search.
2
14540
VII.
The RECEIVING AGENCY shall be responsible to inventory and secure all
property in possession of the detainee at the time of booking. RECEIVING AGENCY
shall return this property to detainee upon release from the temporary holding facility.
VIII.
The RECEIVING AGENCY shall complete the RECEIVING AGENCY’s booking
form and a photograph for positive identification of the detainee. RECEIVING AGENCY
will complete a CR-45 ten print fingerprint card for all detainees with misdemeanor
Class B or Class A or any felony charges. This CR-45 card will be returned to
ARRESTING AGENCY for filing of appropriate paperwork. The detainee shall be
allowed to place a local telephone call before entering the holding cell. Telephone
usage and the number called shall be documented on the RECEIVING AGENCY
booking form. The RECEIVING AGENCY will issue a blanket and mattress to the
detainee for use during detention and assign a holding cell, which shall be documented
on the booking form.
IX.
All detainees will appear before a magistrate for arraignment within twenty-four
(24) hours of arrival at the temporary holding facility. RECEIVING AGENCY will keep
the original of the arraignment form with the booking form and forward a copy of the
arraignment form to ARRESTING AGENCY.
X.
RECEIVING AGENCY will be responsible for feeding of all detainees in the
temporary holding facility. RECEIVING AGENCY shall be responsible to secure and
administer any prescribed medication or special diets to the detainee.
XI.
RECEIVING AGENCY shall provide any emergency medical treatment required
by the detainee and transport the detainee to Parkland Memorial Hospital.
ARRESTING AGENCY shall be responsible for any costs associated with medical
treatment or transport to the hospital. The ARRESTING AGENCY shall be responsible
for security of the detainee during transport and while at the hospital.
XII.
The detainee will not receive any visitor while housed at RECEIVING AGENCY
with the exception of the detainee’s designated attorney.
XIII.
All bonds and fines shall be the responsibility of ARRESTING AGENCY.
ARRESTING AGENCY shall notify RECEIVING AGENCY by TCIC teletype authorizing
release of any detainee. RECEIVING AGENCY will attach a copy of this release
teletype to the booking form and maintain the booking form, arraignment form and
release teletype according to RECEIVING AGENCY’s retention schedules.
3
14540
XIV.
This Agreement becomes effective upon the date of its execution, which
execution date is deemed to be the date the last of the parties signs this agreement.
The initial term of this Agreement shall commence on the effective date hereof and
continue for a period of one year. This Agreement shall automatically renew annually
for successive one-year terms unless terminated as provided herein. This Agreement
may not be amended except by a written statement specifically referring to this
Agreement and signed by the parties hereto. This Agreement shall be reviewed
annually by the parties and required modifications made as specified above.
XV.
This Agreement is solely for the benefit of the parties hereto and is not intended
to, and shall not create any rights, contractual or otherwise, to any other person or
entity. Notwithstanding this Agreement, each municipality shall maintain control and
authority over its own personnel.
XVI.
This Agreement may not be assigned or transferred by any party without prior
written consent of the other party.
XVII.
Upon execution. this Agreement constitutes a legal, valid, and binding obligation
of the parties, their successors and permitted assigns. Each person executing this
Agreement on behalf of the entity represented warrants that the person has full right
and authority to enter into this Agreement.
XVIII.
Notwithstanding any other provision of this Agreement, this Agreement shall be
expressly subject to the governmental immunity of Addison and University Park, Title 5
of the Texas Civil Practice and Remedies Code, and all applicable federal and state
law. This Agreement shall be governed by and construed in accordance with the laws
and court decisions of the State of Texas. Exclusive venue for any legal action
regarding the Agreement filed by either Addison or University Park shall be in Dallas
County, Texas.
The parties to this agreement hereby state and represent that each of the parties
hereto paying for the performance of the governmental services provided are making
those payments and incurring those costs from current revenues available to each of
the respective parties.
XIX.
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which are one and the same instrument.
XX.
In the event that one or more provisions contained in the Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, this Agreement
4
14540
shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein, and such provision shall not affect the remaining provisions of the
Agreement, which shall remain in full force and effect.
XXI.
This Agreement embodies the complete agreement of the parties, superseding
all oral or written, previous and contemporary, agreements between the parties relating
to matters in this Agreement and, except as otherwise provided herein, cannot be
modified without written supplemental agreement of the parties to be attached to and
made a part of this Agreement.
XXII.
Any notice provided for in this Agreement to be given by either party to the other
must be in writing and shall be deemed given when personally delivered, or three (3)
business days after being deposited in the United States Mail, postage prepaid,
certified, return receipt requested, or registered addressed as follows:
To Addison To University Park
Town of Addison City of University Park
Ron Davis Gary W. Adams
Chief of Police Chief of Police
P.O. Box 9010 3800 W. University Blvd.
Addison, TX 75005 University park, TX 75205
Either party may change its address for notice by giving the other party notice thereof in
accordance with this Agreement.
th
Executed as of the 6 day of March 2007, hereafter deemed to be the Effective
Date of this Agreement.
TOWN OF ADDISON CITY OF UNIVERSITY PARK
Ron Whitehead BOB LIVINGSTON
City Manager City Manager
By:_______________________ By:________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
KEN DIPPEL, City Attorney ROB DILLARD, City Attorney
By:________________________ By:_________________________
City Attorney City Attorney
5
14540
MINUTES
#2704
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, FEBRUARY 20, 2007, 5:00 P.M.
Mayor Blackie Holmes convened the city council into an executive session in the conference
room at 3:00 p.m. regarding possible litigation and deliberation regarding real property, Worcola
and Fondren, under Sections 551.071 & 551.072 of the Government Code. The executive
session was closed at 3:58 p.m. No action was voted on or taken during the meeting.
Mayor Blackie Holmes opened the regular city council meeting at 5:00 p.m. in the Council
Chamber. Present were Mayor Pro Tempore Harry Shawver and Councilmembers Syd Carter,
Kelly Walker and Jerry Grable. Also in attendance were City Manager Bob Livingston, City
Attorney Rob Dillard and City Secretary Nina Wilson.
Four Boy Scouts were in attendance and led in the Pledge of Allegiance.
AWARDS AND RECOGNITION
SPECIAL RECOGNITION OF CITY EMPLOYEE: Mayor Holmes surprised Police Chief Gary
th
Adams with a Texas Police Chiefs Association 50 Anniversary Commemorative Gun. Chief
Adams was president of the Texas Police Chiefs Association from 2004-2005. Mayor Holmes
thanked him for his dedication to law enforcement and the City of University Park.
CERTIFICATION OF APPRECIATION: Tonya Hunter, representative for the American Red
Cross, presented Sally Lane with a Certificate of Appreciation for her work with the Dallas Area
Chapter for the past 14 years. Mayor Pro Tempore Shawver presented Mrs. Lane with a
Certificate of Appreciation from the City of University Park as the city’s area representative
from 1985-1999.
PROCLAMATION: February 20, 2007 was proclaimed Maude Moore Buckley Day in honor of
th
her 108 birthday. Ms. Buckley is the mother of Sally Lane and has lived in the city for 61 years
where she has been an active member of the community. Councilmember Walker presented
Mrs. Buckley with a framed copy of the Proclamation.
CERTIFICATE OF APPRECIATION: Fire Chief David Ledbetter introduced Karen Nickerson
with Fireman’s Fund Insurance Company, who gave the city a grant of $6,885 to improve
emergency fire communications. Ms. Nickerson introduced Scott Ragland of Ragland, Strother
& Lafitte Insurance Agency, whose assistance made possible this grant. Mr. Ragland presented
the check to Chief Ledbetter.
Councilmember Carter moved approval of the Consent Agenda, with the exception of the Annual
Report on Traffic Stop Data and Analysis and with the removal of the Limit of Liability Clause
from the Alan Plummer Contract, Addendum No. 4. Councilmember Walker seconded, and the
vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER AGREEMENT FOR STREET LIGHT SERVICE WITH TXU ELECTRIC
DELIVERY: Once the Texas electric industry became deregulated in 2002, cities were free to
choose their own electric provider. One type of service unique to municipalities is street
lighting. This service remains regulated and, although cities are billed for electric service by
their retail electric provider, they interact directly with the wires company regarding street light
issues. University Park has about 600 street lights, comprising 22% of the city’s electric
consumption. Most street lights are unmetered and carry a flat charge each month of
approximately $10/month. TXU Electric Delivery is encouraging cities to approve an agreement
for street lighting service.
CONSIDER ADDENDUM NO. 4 TO CONTRACT WITH ALAN PLUMMER ASSOCIATES
FOR ENGINEERING SERVICES TO DEVELOP A SOUND STUDY FOR DESIGN AND
OPERATION OF BOOSTER PUMPING STATION AT GERMANY PARK: The proposal
from Alan Plummer Associates arranges for a sub-consultant to collect sound data prior to
construction of the pumping station, provide advice on sound mitigation assistance during
design, collect sound data after the pumping station is in operation, and prepare a report of the
findings.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For February 6, 2007.
ANNUAL REPORT ON TRAFFIC STOP DATA AND ANALYSIS: After approval of the
Consent Agenda, Police Chief Gary Adams presented the report to the council receiving
unanimous approval. The report reflected all traffic stops conducted by officers for the calendar
year 2006 and an analysis of the collected data. The University Park Police Department made
3,515 traffic stops. Of those stops, 2,788 were Caucasian (79.3%), 209 were African American
(5.95%), 326 were Hispanic (9.27%), 105 were Asian (3%) and 87 (2.48%) were other or
unknown. There were a total of two (2) searches, both conducted under probable cause
circumstances. Both searches were on Caucasian drivers. In reviewing the data for the five-year
period, it is difficult to identify ongoing patterns that would suggest racial profiling, and the
department has not received any citizen complaints of racial profiling.
MAIN AGENDA
REPORT FROM PUBLIC SAFETY COMMITTEE ON BLOCK PARTIES: During the
December 5, 2006 city council meeting, a recommendation was made to change the manner in
which the city handles requests for block parties and the continuation of block parties. After
much discussion, the item was sent to the Public Safety Committee for further review and
recommendation. The Public Safety Committee met on January 18, 2007 and agreed
unanimously to recommend that the city refrain from allowing street closures on Halloween
Night 2007. The PTA Presidents met on February 8, 2007 and recommended also that the city
refrain from allowing street closures on Halloween Night 2007. The city will continue to
provide barricades and signs for block parties at any other time of the year, but not Halloween
Night 2007. Mayor Holmes moved that street closures be banned on Halloween Night 2007, but
neighborhood gatherings allowed. Councilmember Carter seconded, and the vote was
unanimous to approve the recommendation of the Public Safety Committee and the PTA
Presidents.
CONSIDER PROPOSAL FROM C&P ENGINEERING TO DEVELOP AN UPDATED
TRAFFIC SIGNAL TIMING PLAN: Since 1989, when the last traffic study on signals was
conducted, numerous changes have been made to the city’s traffic signals at 33 intersections.
The final step in efficiency is to have a traffic consultant review the site conditions at each
intersection and provide computer modeling to develop the best traffic progression along city
streets and review the signal timings at Lovers Lane & Boedeker and Lovers Lane & Airline to
determine if off-peak timings could be established to slow traffic along that part of Lovers Lane.
Councilmember Walker moved approval of the proposal from C&P Engineering to develop an
updated traffic signal timing plan in the amount of $18,000. Councilmember Grable seconded,
and the vote was unanimous to approve the proposal from C&P Engineering.
DISCUSS COUNCIL’S POSITION ON WHETHER POTOMAC PARK SHOULD BE SOLD
TO SOUTHERN METHODIST UNIVERSITY (SMU): Mayor Holmes moved that the council
go on record as being in favor of the sale of Potomac Park to SMU if such sale is approved by
the University Park residents. Mayor Pro Tempore Shawver seconded, and the vote was
unanimous to approve the sale of Potomac Park to SMU if residents approve. Mr. James Garner,
3120 Milton, wished to speak in favor of this item, but the public hearing had been closed at the
last city council meeting on February 6; however, Mayor Holmes stated that Mr. Garner’s
position would be included in the record.
CONSIDER AWARD OF CONTRACT TO HOLT POWER SYSTEMS TO FURNISH AN
EMERGENCY GENERATOR FOR THE PEEK CENTER EXPANSION PROJECT: With the
additional electrical loads of the backup dispatch facility and the Emergency Operations Center,
the existing emergency generator is undersized. The proposed 500 KW generator meets all
specifications developed by the MEP Engineer. Mayor Pro Tempore Shawver moved approval
of the contract to Holt Power Systems for $90,581. Councilmember Grable seconded, and the
vote was unanimous to approve the contract for an emergency generator for the Peek Center
expansion project.
CONSIDER PROPOSAL FOR AT&T E911 SYSTEM FOR PEEK DISPATCH CENTER:
AT&T recommended an upgrade to the new Vesta Pallas E911 service, which is completely
Cellular E911 compliant. There is a one-time charge of $67,207.95 and a monthly charge of
$1,015.52. Councilmember Grable moved approval of the 5-year lease option for AT&T Vesta
Pallas E911 Service. Councilmember Carter seconded, and the vote was unanimous to approve
the proposal for AT&T E911 System for the Peek Dispatch Center.
CONSIDER PROPOSAL FOR COMPUTER NETWORK SWITCHES FOR CITY HALL AND
PEEK CENTER: In conjunction with the remodel of City Hall and creation of an alternate
dispatch operation at the Peek Service Center, the city’s network infrastructure will require
enhanced switching equipment to support the added workstations, security cameras, and access
control devices. Councilmember Walker moved approval of the bid by CDW-G for $48,673.
Councilmember Grable seconded, and the vote was unanimous to approve the proposal for
computer network switches for City Hall and Peek Center.
CONSIDER ORDINANCE REVISING CITY OF UNIVERSITY PARK CODE OF
ORDINANCES SECTION 3.1500, RIGHT-OF-WAY CONSTRUCTION: The ordinance makes
minor revisions to the University Park Code of Ordinances regarding right-of-way (ROW)
construction. A permit request is required for work to be completed in the ROW to provide
detailed engineering plans on a scale of one-eighth inch (1/8”) equals one foot (1’) and to
provide greater detail on the plans for landscaping. The revisions would require the permit
holder to provide plans of record within ten (10) days of work completion. Councilmember
Carter moved approval of the ordinance revising the University Park Code of Ordinances,
Section 3.1500 Right-of-Way Construction. Mayor Pro Tempore Shawver seconded, and the
vote was unanimous to approve the ordinance.
ORDINANCE NO. 07/03
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE
OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED,
BY AMENDING ARTICLE 3.1500 RIGHT-OF-WAY CONSTRUCTION TO REQUIRE
INFORMATION FOR CONSTRUCTION PERMITS AND FILING OF PLANS OF RECORD;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE
SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING
AN EFFECTIVE DATE.
There being no further business, Mayor Holmes adjourned the meeting.
th
PASSED AND APPROVED this 6 day of March 2007.
James H. Holmes, III, Mayor
ATTEST:
Nina Wilson, City Secretary
AGENDA MEMO
(03-06-07 AGENDA)
DATE:
March 1, 2007
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Consider proposal from RJN to develop a technical memorandum
to eliminate sanitary sewer overflows.
Background.
Pursuant to ongoing discussions regarding sanitary sewer
overflows in Highland Park, a committee comprised of two former council
members from the City and from the Town to develop consensus and resolution
to the shared problem. Dick Davis and Jim Roberts have been representing the
City in meetings with an engineering consultant, RJN, who has been asked to
develop a Technical Memorandum of findings and recommendations to eliminate
overflows (all of which have occurred in HP). Staff from both communities have
reviewed the scope of work on which the attached proposal is based. In our
opinion, this work is simply the first phase of a larger project which would identify
very specific locations of infiltration / inflow of extraneous flows into the sanitary
sewer collection systems (in both communities) and result in the overflows.
Discussion.
Staff recommends City Council approval of the proposal from RJN
in the amount of $42,405, and requests authorization for University Park to pay
half of the cost. Highland Park will pay the other half of the cost.
19
AGENDA MEMO
(03/06/2007 AGENDA)
DATE:
March 1, 2007
Honorable Mayor and Members of the City CO:::Y
TO:
FROM:
Bob Livingston, City Manager
SUBJECT:
Request from Kitsy Haiman to Fund Attorney Fees for UPRIA
Attached is a request from Ms. Haiman of UP RIA to fund an approximately $10,000
shortfall they have experienced for attorney fees in their effort to assist the City with its
effort to have the Amherst/Stanford 138 kV line relocated.
HISTORY
For more than a year the City Council and staff have worked with various citizen groups
to craft a solution to the repair/replacement/relocation of the line. Currently, the City is in
the process of defending an ordinance enacted by the Council that requires TXU to begin
planning the relocate the line by to April 1, 2007. TXU has appealed the legality of this
ordinance to the Texas Public Utility Commission. The PUC is scheduled to make a
decision on the matter on March 29,2007. Regardless of the Commission's finding, an
appeal to the District Court level is anticipated. However, the Council will wish to
discuss the advisability of each step with its attorney as they occur.
This process has not been without expense to the City. To date, University Park has
spent, or committed to spend, the following amounts:
PAID TO DATE
Sega Engineering Study to Determine the Costs of
Undergrounding and Other Alternatives
$ 62,452.62
Travel Expenses to Austin to Evaluate Alternatives
322.71
Travel Expenses to Austin to Meet with Electrical Eng.
412.14
Travel Expenses to Austin to Attend PUC
476.14
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
Initial Billing from Attorney Representing City at PUC
6.538.20
TOT AL TO DATE
$ 70.201.81
ESTIMATED APPEAL EXPENSES
The City Council has stated its commitment to pursuing defense of the ordinance to the
fullest. As of today, I estimate the future cost of this defense as follows:
Attorney Fees for Brief to PUC
$ 10,000.00
Travel Expense for Attending Austin Hearings
1,000.00
Costs of Appeal or Appeal Defense
30.000.00
ESTIMATE APPEAL COSTS
$ 41.000.00
ESTIMATED TOTAL COSTS
$ 111.201.81
In addition to the City, UP RIA raised funds and has pursued support of the ordinance as a
party of interest. The attached letter includes invoices from their attorney totaling
$6,592.80. The last invoice is from January 5, 2007. Ms. Haiman indicates the group
has spent the $20,000 they initially raised to provide legal services. Ms Haiman is
requesting the City provide UPRIA a grant of $1 0,000 to pay its additional legal
expenses.
RECOMMENDATION
Regardless of UP RIA's legal participation, the Council has indicated its commitment to
defending its line relocation ordinance requiring the line be moved. Unfortunately, I have
not been able to discuss UPRIA's request with the City Attorney due to his absence.
However, I plan to do so prior to Tueday's meeting. I believe his advice regarding
legality of a grant of this type is needed before the Council may proceed.
In the meantime, if you have questions please let me know.
ATTACHMENTS:
Letter from Ms. Haiman
cc: Finance Director
Assistant to the Public Works Director
Community Information Officer
Ms. Haiman
3800 UNIVERSITY BOULEVARD
UNIVERSITY PARK, TEXAS 75205
TELEPHONE (214) 363-1644
February 28,2007
Dear Mayor and City Council Members,
As you are well aware, the City and the citizens of UP are embroiled in a legal battle with TXU
Delivery in an attempt to require them to remove the hazardous Amherst/Stanford alley
transmission line out of our community. Since last fall, the members of University Park
Residents in Action (UPRIA) have worked hard to research viable alternatives for TXU Delivery
rather than having this high-voltage line remain in our back yards and near our elementary
school. We have retained an attorney, Tom Anson of Strasburger Price, who has advised us on
the availability of provisions under the Texas Public Utilities Regulatory Act that allow for a
municipality to require a utility to remove a transmission line on the basis of public safety
concerns, and to do so without the need for expensive Public Utilities Commission certification
proceedings. It is on this legal advice that the current UP City Ordinance 06/35 was based. Tom
Anson also recommended the outstanding utilities attorney that the City has since retained to
assist it in obtaining line relocation.
UPRIA has further assisted the City in this effort by obtaining the support of State Senator John
Carona and State Representative Dan Branch in this case. They each have written a letter to
the PUC on our behalf. To date, this battle with TXU Delivery has been reported in the Park
Cities News, and in the DaDas Business Journal.
I am very proud that the City and UPRIA have worked side by side in our efforts to remove this
transmission line from our quiet residential community. Unfortunately TXU Delivery seems
uninterested in our safety or in the reliability of its delivery grid and has filed an appeal to the
PUC requesting relief from the Ordinance. UPRIA was recognized as a valid and distinct party
to this appeal proceeding by the Public Utilities Commission (PUC) at the pre-hearing
conference on February 5th. Such an appeal process is costly and time consuming to all
involved - and TXU knows it and is imposing such costs on us as part of its strategy to prevail.
Last fall, UPRIA raised $20,000 from our fellow concerned citizens in anticipation of the legal
fees that developing suitable ordinance language and later contesting the expected TXU Delivery
appeal would require. Let's give a big THANK YOU to those of you who pitched in to UPRIA
in our successful fundraising effort last fall!! However, our efforts to date have exhausted those
funds, and according to our attorney we will need $10,000 more to cover the legal fees involved
in the filing of the remaining Reply Brief and the conduct of the public hearing on March 29th. It
is at this hearing that the PUC Commissioners are expected to hand down their decision. Should
the PUC ruling not be in our favor, UPRIA unfortunately cannot afford to pursue an appeal to the
District Court as a separate party, but will instead support the City in their efforts to have its.
Ordinance upheld in any way that we can.
UPRIA is therefore asking the UP City Council for a one time grant of $1 0,000 solely to cover
its remaining legal fees for the duration of the PUC appeal hearing process. This grant will allow
UPRIA to continue to retain Mr. Anson to provide his outstanding representation through the
duration of this hearing. We will provide all invoices and assist in the reconciliation of these
funds to meet the needs of the City.
Let's not let TXU win simply because we could not atTord to defend ourselves! We have
come too far -- let's continue to fight for what is right for our neighborhood, and the safety
and health of our families!
Thank you all so much.
\......-'"..' )~. . /If} ,
:(c df~
/ Kitsy aiman
UPRIA
.J.:.. St!:~~RT~rger
THOMAS K. ANSON
512.499.3608
Direct Fax: 512.536.5718
tom.anson@strasburger.com
January 5, 2007
Rob and Kitsy Haiman
University Park Residents in Action
4232 Amherst
University Park, Texas 75225
RE: TXU Delivery
Dear Rob and Kitsy:
Enclosed is our statement for legal services rendered and expenses incurred as
reported for the period shown.
If you have any questions regarding this statement, please do not hesitate to contact me
or our accounting department in Dallas.
Sincerely,
rr
Thomas K. Anson
TKA:jg
Enclosure
Strasburger fi Price, llP
600 Congress Avenue. Suite 1600 . Austin. Texas 78701.3248 . 512.499.3600 tel . 512.499.3660 fax . www.strasburger.com
Austin . Collin CounbJ . Dallas . Houston . San Antonio . Washington D.C.
302010.1fSPAlOO009f0099/110806 Strasburger 6 Price, SC - Mexico Clt"
STRASBURGER & PRICE, L.L.P.
ATTORNEYS AND COUNSELORS
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
P.O. BOX 849037
DALLAS, TEXAS 75284.9037
Phone:214G51~
TIN: 7&0838005
University Park Residents in Action (UPRIA)
c/o Rob & Kitsy Haiman
4232 Amherst
University Park, TX 75225
January 5, 2007
C/M: 19607.0101
INVOICE NO. 461915
TA
PAGE 1
FOR PROPER CREDIT. PLEASE RETURN THIS STUB WITH YOUR REMITTANCE TO THE ADDRESS NOTED ABOVE.
DO NOT SEND GENERAL CORRESPONDENCE TO THE ABOVE ADDRESS.
RE: TXU Delivery
FOR PROFESSIONAL SERVICES RENDERED THRU 12/31/06
DISBURSEMENTS THRU 12/31/06
TOTAL AMOUNT DUE
$
$
$
665.00
0.00
665.00
ITEMIZED SERVICES BILL
DATE DESCRIPTION NAME HOURS
12/06/06 E-mails with the client regarding the TA 0.10
City'S ordinance adoption;
12/08/06 Review and compare ordinance as passed TA 0.90
with the which UPRIA proposed; e-mail to
the client regarding same;
12/10/06 Further client group e-mails regarding the TA 0.20
ordinance as passed by the City;
12/14/06 E-mails with the client regarding latest TA 0.20
developments.
TOTAL FOR SERVICES $ 665.00
STRASBURGER & PRICE, L.L.P.
ATTORNEYS AND COUNSELORS
University Park Residents in Action (UPRIA)
INIT NAME
TA Tom Anson
NAME RECAP
RATE
475.00
TOTAL
January 5, 2007
elM: 19607.0101
INVOICE NO. 461915
TA
PAGE 2
HOURS
1.40
1.40
CURRENT AMOUNT DUE SUMMARY SECTION
CURRENT FEES
CURRENT TOTAL DUE
STRASBURGER & PRICE, L.L.P.
ATTORNEYS AND COUNSELORS
$
$
665.00
665.00
AMOUNT
665.00
$665.00
.;t: St~g~RTllrger
THOMAS K. ANSON
512.499.3608
Direct Fax: 512.536.5718
tom.anson@strasburger.com
December 11. 2006
Rob and Kitsy Haiman
University Park Residents in Action
4232 Amherst
University Park. Texas 75225
RE: TXU Delivery
Dear Rob and Kitsy:
Enclosed is our statement for legal services rendered and expenses incurred as
reported for the period shown.
If you have any questions regarding this statement. please do not hesitate to contact me
or our accounting department in Dallas.
~~
Thomas K. Anson
TKA:jg
Enclosure
Strasburger 8 Price, UP
600 Congress Avenue. Suite 1600 . Austin. Texas 78701.3248 . 512.499.3600 tel . 512.499.3660 fox . www.strosburger.com
AusUn ColUn Countll . Dallas . Houston . Son Antonio . Washington D.C.
302010.1/SPAlOOOO9/0099/110806 Strasburger 6 Price, SC - Mexico C1tlj
Phone:214651~
STRASBURGER & PRICE, L.L.P.
ATTORNEYS AND COUNSELORS
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
P.O. BOX 849037
DALLAS, TEXAS 75284.9037
TIN: 750038805
University Park Residents in Action (UPRIA)
c/o Rob & Kitsy Haiman
4232 Amherst
University Park, TX 75225
December 8, 2006
C/M: 19607.0101
INVOICE NO. 460413
TA
PAGE 1
FOR PROPER CREDIT, PLEASE RETURN THIS STUB WITH YOUR REMITTANCE TO THE ADDRESS NOTED ABOVE.
DO NOT SEND GENERAL CORRESPONDENCE TO THE ABOVE ADDRESS.
RE: TXU Delivery
FOR PROFESSIONAL SERVICES RENDERED THRU 11/30106
DISBURSEMENTS THRU 11/30/06
TOTAL AMOUNT DUE
DATE
11/01/06
11/13/06
11/16/06
11/20/06
11/21/06
$
$
$
1,120.00
0.00
1,120.00
ITEMIZED SERVICES BILL
DESCRIPTION NAME
HOURS
0.20
Telephone conference with Kitsy Haiman TA
regarding the TXU and City meeting;
Review e-mail regarding latest TA
developments;
Review e-mails regarding latest TA
developments;
Review e-mails with client regarding TA
latest developments; draft suggested form
of city ordinance and e-mail it to the
client for review; e-mails with the client
regarding same;
Review e-mail from the client regarding TA
the draft suggested form of city
ordinance, revise same, and e-mail it to
the client for review;
0.10
0.10
1.80
0.50
STRASBURGER & PRICE, L.L.P.
ATTORNEYS AND COUNSELORS
University Park Residents in Action (UPRIA)
DATE
11/22/06
INIT NAME
DESCRIPTION
E-mails regarding the revised draft
suggested form of city ordinance.
TOTAL FOR SERVICES
NAME RECAP
RATE
400.00
TA Tom Anson
TOTAL
CURRENT AMOUNT DUE SUMMARY SECTION
CURRENT FEES
CURRENT TOTAL DUE
PREVIOUS INVOICES OUTSTANDING
INVOICE NO. 456529
INVOICE NO. 458476
October 11, 2006
November 8, 2006
TOTAL
TOTAL BALANCE DUE
STRASBURGER & PRICE, L.L.P.
ATTORNEYS AND COUNSELORS
December 8, 2006
C/M: 19607.0101
INVOICE NO. 460413
TA
PAGE 2
NAME
TA
$
HOURS
2.80
2.80
$
$
1,120.00
1,120.00
$
$
5,927.80
HOURS
0.10
1,120.00
AMOUNT
1,120.00
$1,120.00
2,887.80
1,920.00
4,807.80
;c. St~~~RT~rger
THOMAS K. ANSON
512.499.3608
Direct Fax: 512.536.5718
tom.anson@strasburger.com
November 8, 2006
Rob and Kitsy Haiman
University Park Residents in Action
4232 Amherst
University Park, Texas 75225
RE: TXU Delivery
Dear Rob and Kitsy:
Enclosed is our statement for legal services rendered and expenses incurred as
reported for the period shown.
If you have any questions regarding this statement, please do not hesitate to contact me
or our accounting department in Dallas.
Sincerely,
~
Thomas K. Anson
TKA:jg
Enclosure
Strasburger I] Price, UP
600 Congress Avenue. Suite 1600 . Austin. Texas 78701.3248 . 512.499.3600 tel' 512.499.3660 fax' www.strasburger.com
Austin . Collln Count", . Dallas . Houston . Son Antonio . Washington D.C.
302010.1/SPA/OOOO9f0099/110806 Strasburger Ii Price. SC - Mexico CillJ
Phone:214651~
STRASBURGER & PRICE, L.L.P.
. ATTORNEYS AND COUNSELORS
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
P.O. BOX 849037
DALLAS, TEXAS 75284.9037
TIN: 75-0038805
University Park Residents in Action (UPRIA)
c/o Rob & Kitsy Baiman
4232 Amherst
University Park, TX 75225
November 8, 2006
C/M: 19607.0101
INVOICE NO. 458476
TA
PAGE 1
FOR PROPER CREDIT, PLEASE RETURN THIS STUB WITH YOUR REMITTANCE TO THE ADDRESS NOTED ABOVE.
DO NOT SEND GENERAL CORRESPONDENCE TO THE A80VE ADDRESS.
RE: TXU Delivery
FOR PROFESSIONAL SERVICES RENDERED THRU 10/31/06
DISBURSEMENTS TBRU 10/31/06
TOTAL AMOUNT DUE
$
$
$
1,920.00
0.00
1,920.00
DATE
10/02/06
10/06/06
10/06/06
10/12/06
10/16/06
ITEMIZED SERVICES BILL
DESCRIPTION NAME
HOURS
0.10
Review memo from Kitsy Baiman regarding TA
next steps;
Conference call with UPRIA regarding MZ
strategic direction and applicable laws
necessary to further discussions with TXU,
PUC, and the City;
Review e-mails and attachments from Kitsy TA
Baiman, conference with Mitch Zoll
regarding same, conference call with Kitsy
Baiman, John Peterson, and Mitch Zoll
regarding same, and e-mail with attachment
to Kitsy regarding possible strategy;
E-mails from and to Kitsy Haiman regarding TA
latest developments;
1.80
2.50
0.20
E-mails from Kitsy Baiman regarding the
meeting with the Mayor;
0.10
TA
STRASBURGER & PRICE, L.L.P.
ATTORNEYS AND COUNSELORS
November 8, 2006
C/M: 19607.0101
INVOICE NO. 458476
TA
PAGE 2
University Park Residents in Action (UPRIA)
DATE
10/17/06
DESCRIPTION NAME
Prepare for meeting, and participate by TA
telephone in the Kitsy Haiman meeting with
the Mayor.
TOTAL FOR SERVICES
$
INIT NAME
NAME RECAP
. RATE
400.00
200.00
HOURS
3.90
1.80
5.70
TA Tom Anson
MZ Mitchell Zoll
TOTAL
CURRENT AMOUNT DUE SUMMARY SECTION
CURRENT FEES
CURRENT TOTAL DUE
$
$
1,920.00
1,920.00
PREVIOUS INVOICES OUTSTANDING
INVOICE NO. 456529 October 11, 2006
TOTAL
TOTAL BALANCE DUE
$
4,807.80
STRASBURGER & PRICE, L.L.P.
ATTORNEYS AND COUNSELORS
HOURS
1.00
1,920.00
AMOUNT
1,560.00
360.00
$1,920.00
$
2,887.80
2,887.80
.1: St~~~!-?r~rger
THOMAS K. ANSON
512.499.3608
Direct Fax: 512.536.5718
tom.anson@strasburger.com
October 13, 2006
Rob and Kitsy Haiman
University Park Residents in Action
4232 Amherst
University Park, Texas 75225
~ RE~EIVED
~[ OCT I ~ 2006 ]J
AUSTIN TEXAS!;!;
RE: TXU Delivery
Dear Rob and Kitsy:
Enclosed is our statement for legal services rendered and expenses incurred as
reported for the period shown.
If you have any questions regarding this statement, please do not hesitate to contact me
or our accounting department in Dallas.
Enclosure
Thomas K. Anson
TKA:jg
Strasburger 6 Price, UP
600 Congress Avenue. Suite 1600 . Austin. Texas 78701.3248 . 512.499.3600 tel . 512.499.3660 fox . www.strosburger.com
Austin . Collin Counlq . DaUas . Houston . Son Antonio . Wasnlngton D.C.
302010.1/SPAlOOOO9J0099/101206 Strasburger a Price. SC. Mexico CltIJ
STRASBURGER & PRICE, L.L.P.
ATTORNEYS AND COUNSELORS
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
P.O. BOX 849037
DALLAS, TEXAS 75284-9037
TIN: 75-0838805
Phone:214651~
University Park Residents in Action (UPRIA)
c/o Rob & Kitsy Haiman
4232 Amherst
University Park, TX 75225
October 11, 2006
C/M: 19607.0101
INVOICE NO. 456529
TA
PAGE 1
FOR PROPER CREDIT. PLEASE RETURN THIS STUB WITH YOUR REMITTANCE TO THE ADDRESS NOTED ABOVE.
DO NOT SEND GENERAL CORRESPONDENCE TO THE ABOVE ADDRESS.
RE: .TXU Delivery
FOR PROFESSIONAL SERVICES RENDERED THRU 09/30/06
DISBURSEMENTS THRU 09/30/06
TOTAL AMOUNT DUE
$
$
$
2,870.00
17.80
2,887.80
ITEMIZED SERVICES BILL
DATE DESCRIPTION NAME HOURS
09/06/06 Review and analysis of issues relating to MZ 1.00
transmission poles and redevelopment;
09/06/06 Conference with Mitch Zoll regarding the TA 0.90
issues and research needed;
09/11/06 Conference with Mitch Zoll regarding AS 0.30
research and analysis of underground
electricity lines;
09/11/06 Research and analysis of PUC rules MZ 5.50
regarding municipal codes and impact on
utility transmission lines;
09/11/06 Conferences with Mitch Zoll regarding the TA 1.50
research results;
09/12/06 Voice mails and telephone conferences with TA 0.70
Kitsy Haiman regarding latest
developments, including review of proposed
option preference form;
STRASBURGER & PRICE. L.L.P.
ATTORNEYS AND COUNSELORS
University ,Park Residents in Action (UPRIA)
DATE
09/12/06
DESCRIPTION
Interoffice conference with Tom Anson
regarding September 14 Town Hall Meeting;
voice mail to Tom Anson.
TOTAL FOR SERVICES
INIT NAME
WCD William C. Dowdy
NAME RECAP
RATE
450.00
400.00
200.00
200.00
TOTAL
TA Tom Anson
MZ Mitchell Zoll
AS Ashley Stewart
ITEMIZED DISBURSEMENT BILL
DATE
DESCRIPTION
COPY/LASER PRINT/SCAN
TOTAL DISBURSEMENTS
October 11, 2006
C/M: 19607.0101
INVOICE NO. 456529
TA
PAGE 2
NAME
WCD
HOURS
0.60
$
2,870.00
HOURS AMOUNT
0.60 270.00
3.10 1,240.00
6.50 1,300.00
0.30 60.00
10.50 $2,870.00
AMOUNT
17.80
$17.80
CURRENT AMOUNT DUE SUMMARY SECTION
CURRENT FEES
CURRENT DISBURSEMENTS
CURRENT TOTAL DUE
STRASBURGER & PRICE, L.L.P.
ATTORNEYS AND COUNSELORS
$
$
$
2,870.00
17.80
2,887.80
AGENDA MEMO
(03/06/07 AGENDA)
DATE: March 1, 2007
TO: Honorable Mayor and City Council
FROM: Kate Smith, Assistant to the City Manager
SUBJECT: Rental of temporary building for use during renovation of City Hall
BACKGROUND:
During renovation of the existing City Hall building, a temporary building is needed to house
several City Departments, conduct City Council Meetings and hold Municipal Court. Specifically,
the temporary building will house the Utility Billing and Municipal Court Divisions and the
Accounting Manager and Receptionist (9 people total). The temporary building will be
handicapped accessible and will be located southwest of the new addition, just north of University
Blvd. and west of the Fire Department driveway.
Staff received quotes from two vendors using Cooperative Purchasing Agreements. Williams
Scottsman submitted pricing through The Cooperative Purchasing Network (TCPN) and Mobile
Modular submitted pricing through the Buy Board.
Further information will be provided at City Council pre-meeting.
AGENDA MEMO
(3/6/07 AGENDA)
DATE:
March 1, 2007
TO:
Honorable Mayor and City Council
FROM:
Christine Green, Purchasing Agent, &
Kate Smith, Assistant to the City Manager
SUBJECT:
Contract for Moving Services associated with City Hall Renovation
BACKGROUND:
We along with Jim Criswell have been meeting with All Points Pioneer Relocation
Services (All Points) regarding move services associated with the City Hall renovation
project. All Points is on the Tarrant County Cooperative Purchasing Agreement and has
provided moving services for numerous local government agencies including the City of
Fort Worth, the City of Garland, the City of Arlington and the City of Plano. Their
participation in this Cooperative Purchasing Agreement satisfies all competitive bidding
requirements. There will be four move phases, the first being the move of the Police
Department to the Peek Service Center this spring.
Further details and information will be provided at the City Council pre-meeting.
AGENDA MEMO
(3/6/2007 AGENDA)
DATE:
March 1, 2007
TO:
Honorable Mayor and Members of the City Council
FROM:
Gerry Bradley, Director of Parks
SUBJECT: City Hall / Goar Park Landscape Project Bids
BACKGROUND:
In December 2006, City Council rejected all bids for the City Hall/Goar Park Landscape
Project due to high costs of submitted bids. The low bid for the project was $1.3 million.
In February 2007, staff re-bid the project which outlined bid alternates in an effort to
meet the approved budget of $1 million. The apparent low bid at the February 28, 2007
bid opening was submitted by American Civil Contractors for $1,238,100.00.
RECOMMENDATION:
Staff is requesting that City Council consider approval of the bid from American Civil
Contractors for the City Hall/Goar Park Landscape Project. Staff is recommending
utilizing City Hall project contingency funds to offset additional cost of the project.
Funds requested for the project would be for $1,238,100.00 for project construction
plus a 5% contingency of $61,905.00 for a total project budget of $1,300,005.00
ATTACHMENTS:
City Hall/Goar Park Landscape Package – 2/28/07 Bid Tab
Bid Alternate Plan
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
City Hall Landscape Bid 12-5-06
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
City Hall Landscape Bid 12-5-06
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
City Hall Landscape Bid 12-5-06
AGENDA MEMO
(03/06/2007 AGENDA)
DATE: February 28, 2007
TO: Honorable Mayor and City Council
FROM: Kent R. Austin, Director of Finance
SUBJECT: Resolution authorizing continuing participation in TXU Cities Steering
Committee
Background
University Park is a long-time member of the TXU Cities Steering Committee, a group of 109
north Texas municipalities that work together on electric regulatory matters. Arlington City
Attorney Jay Doegey is the group’s chair, and Austin law firm Lloyd Gosselink Blevins serves
as outside legal counsel.
The Committee has been successful in challenging electric rate increases; more detail is
provided in the attached memo, staff report, and resolution. The Committee’s efforts are
funded by a periodic $0.10 per capita membership fee.
Recommendation
Staff recommends approval of the resolution authorizing continued participation in the TXU
Cities Steering Committee and the membership assessment of $2,371.60.
Attachments:
?
TXU Cities Steering Committee Chair memo, 2/9/2007
?
Staff report on assessment resolution
?
List of TXU Cities Steering Committee members as of of 1/29/2007
?
Resolution authorizing continued participation in TXU Cities Steering Committee
MEMORANDUM
TO: Steering Committee of Cities Served by TXU
FROM: Jay Doegey, City of Arlington, Steering Committee Chairman
DATE: February 9, 2007
RESOLUTION
RE: Settlement Check and Membership Assessment Invoice –
NEEDED
Enclosed please find a settlement check and a Steering Committee of Cities Served by
TXU ("Steering Committee") membership assessment invoice and resolution. Both items are
discussed below.
Please place consideration of the membership assessment resolution on your
council's agenda as soon as possible.
Forward the signed resolution and membership fee to
Jay Doegey, City Attorney for the City of Arlington and Chair of the Steering Committee, Mail
Stop 63-0300, P.O. Box 90231, Arlington, Texas 76004-3231. If you have any questions, please
feel to contact me at (817/459-6878) or the Steering Committee's legal counsel, Geoffrey Gay
(ggay@lglawfirm.com, 512/322-5875) and Kristen Doyle (kdoyle@lglawfirm.com, 512/322-
5820).
Settlement Check
In 2004, 20 cities exercised original ratemaking jurisdiction over TXU Electric Delivery
Company (the transmission and distribution or wires company portion of TXU) and passed
resolutions compelling the Company to file cost of service data to show cause why rates should
not be reduced. The efforts of the 20 cities were coordinated through the Steering Committee to
which your city belongs. After several months of discussions, TXU and the Steering Committee
reached an agreement to postpone commencement of a TXU rate case. The settlement terms
called for TXU to work with cities on certain items of concern and to make annual cash
payments of $8 million to the Steering Committee, which was then dispersed to member cities.
Last year, TXU and the Steering Committee agreed to extend the benefits negotiated in
2004 and to increase value to Cities beyond the original settlement through two "beneficial
public use" payments and well additional terms. The enclosed check represents your city's
portion of the second installment of an $18 million "beneficial public use" payment. (This first
$9 million installment was distributed by City of Arlington to all Steering Committee cities last
spring.) Within the next few months, your city will receive another settlement payment (again by
check from the City of Arlington) that reflects compensation for the annual $8 million payment
TXU agreed to pay in 2004 until a Final Order is issued in TXU's next rate case.
Membership Assessment Invoice and Resolution
The Steering Committee is the most active consumer group advocating the interests of
cities and residential and small commercial customers within the cities to keep wires rates
1
reasonable. Steering Committee activities protect the authority of municipalities over the
regulated transmission and distribution (wires) service and rates charged by TXU.
The work undertaken by Steering Commitee has saved cities and ratepayers millions of
dollars in unreasonable charges. In order to continue to be an effective voice before the Public
Utility Commission, ERCOT, the Legislature, and in the courts, the Steering Committee must
have your support. The membership assessment is deposited in an account which funds Steering
Committee activities like the wires rate investigation that led to the settlement agreement with
TXU.
In December, the Executive Committee of the Steering Committee of Cities Served by
TXU approved the assessment for Steering Committee membership. We are anticipating a busy
year for electric utility matters. Based upon the population-based assessment protocol previously
adopted by the Steering Committee, the assessment for 2007 is a per capita fee of $0.10 based
upon the population figures for each city shown in the latest TML Directory of City Officials.
The enclosed invoice represents your city's assessment amount.
To assist you in the assessment process, we have attached several documents to this
memorandum for your use:
?
Model staff report supporting the resolution
?
List of Steering Committee members.
?
Model resolution approving the 2007 assessment
2
STAFF REPORT ON ASSESSMENT RESOLUTION
FOR STEERING COMMITTEE OF CITIES SERVED BY TXU
Purpose of the Resolution
:
The City of University Park, Texas, is a member of a 109-member city coalition known
as the Steering Committee of Cities Served by TXU. The resolution approves the assessment of
a ten cent ($0.10) per capita fee to fund the activities of the Steering Committee.
Why this Resolution is necessary:
The Steering Committee undertakes activities on behalf of municipalities for which it
needs funding support from its members. Municipalities have original jurisdiction over the
electric transmission and distribution rates and services within the city. The Steering Committee
has been in existence since the late 1980s. It took on a formal structure in the early 1990s when
cities served by TXU gave up their statutory right to rate case expense reimbursement in
exchange for higher franchise fee payments. Empowered by city resolutions and funded by per
capita assessments, the Steering Committee has been the primary public interest advocate before
the Public Utility Commission, the Courts, and the Legislature on electric utility regulation
matters dealing with TXU for nearly two decades.
In 2004, the Steering Committee coordinated the activities of 20 member cities that
initiated an investigation of TXU's wires rates. As a result of the Steering Committee's activities,
TXU agreed to make settlement payments to the cities beginning in 2005 and to fund "beneficial
public use" payments through the cities for the benefit of the city's ratepayers. Settlement
payments from TXU will continue to be made annually through the entry of final order in TXU's
next rate case (expected 2009).
The Steering Committee is actively involved in rate cases, appeals, rulemakings, and
legislative efforts impacting the rates charged by TXU Electric Delivery within the City.
Steering Committee representation is also strong at ERCOT. It is possible that additional efforts
will be necessary on new issues that arise during the year, and it is important that the Steering
Committee be able to fund its participation on behalf of its member cities. A per capita
assessment has historically been used, and is a fair method for the members to bear the burdens
associated with the benefits received from that membership.
Explanation of “Be It Resolved” Paragraphs:
1. The City is currently a member of the Steering Committee; this paragraph
authorizes the continuation of the City’s membership.
2. This paragraph authorizes payment of the City’s assessment to the Steering
Committee in the amount of ten cents ($0.10) per capita, based on the population figure for the
City as shown in the latest TML Directory of City Officials.
3. This paragraph requires notification to the Chair of the Steering Committee, Jay
Doegey, that the City has adopted the Resolution.
3
Payment of Assessment
The assessment payment check should be made out to "Steering Committee of Cities
Served by TXU c/o City of Arlington." A copy of the resolution of the assessment payment
check should be sent to Jay Doegey, City Attorney for the City of Arlington and Chair of the
Steering Committee, Mail Stop 63-0300, P.O. Box 90231, Arlington, Texas 76004-3231.
4
Steering Committee of Cities Served By TXU
Members as of January 29, 2007
Addison Grand Prairie Richardson
Allen Granger Richland Hills
Alvarado Grapevine Roanoke
Andrews Gunter Robinson
Archer City Harker Heights Rockwall
Arlington Heath Rosser
Belton Henrietta Rowlett
Benbrook Hewitt Sherman
Big Spring Highland Park Snyder
Breckenridge Honey Grove Southlake
Bridgeport Howe Sulphur Springs
Brownwood Hurst Sunnyvale
Buffalo Hutto Sweetwater
Burkburnett Irving Temple
Burleson Josephine The Colony
Caddo Mills Justin Tyler
Cameron Kaufman University Park
Canton Keller Venus
Carrollton Kerens Waco
Celina Lakeside Watauga
Centerville Lamesa White Settlement
Cleburne Lindale Wichita Falls
Colleyville Little River-Academy Woodway
Collinsville Malakoff
Comanche Mansfield
Corinth McKinney
Crowley Midland
Dallas Murchison
Dalworthington Gardens Murphy
DeLeon New Chapel Hill
Denison North Richland Hills
Early Oak Leaf
Eastland Oak Point
Edgecliff Village Odessa
Euless O’Donnell
Farmers Branch Ovilla
Flower Mound Palestine
Forest Hill Pantego
Fort Worth Paris
Frisco Plano
Frost Ranger
Glenn Heights Rhome
5
RESOLUTION NO. _______
A RESOLUTION AUTHORIZING CONTINUED
PARTICIPATION WITH THE STEERING
COMMITTEE OF CITIES SERVED BY TXU; AND
AUTHORIZING THE PAYMENT OF 10 CENTS PER
CAPITA TO THE STEERING COMMITTEE TO
FUND REGULATORY AND RELATED ACTIVITIES
RELATED TO TXU ELECTRIC DELIVERY
WHEREAS,
the City of University Park, Texas, is a regulatory authority under the
Public Utility Regulatory Act (PURA) and has exclusive original
jurisdiction over the rates and services of TXU Electric Delivery Company
(TXU) within the municipal boundaries of the city; and
WHEREAS,
the Steering Committee has historically intervened in TXU rate
proceedings and electric utility related rulemakings to protect the interests
of municipalities and electric customers residing within municipal
boundaries; and
WHEREAS,
the Steering Committee is participating in Public Utility Commission
dockets and projects, as well as court proceedings, affecting transmission
and distribution utility rates; and
WHEREAS,
the City is a member of the Steering Committee of Cities Served by TXU;
and
WHEREAS,
in order for the Steering Committee to continue its participation in these
activities which affects the provision of electric utility service and the
rates to be charged, it must assess its members for such costs; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
I.
That the City is authorized to continue its membership with the Steering
Committee of Cities Served by TXU to protect the interests of the City of University
Park, Texas, and protect the interests of the customers of TXU Electric Delivery residing
and conducting business within the City limits.
II.
It is further authorized to pay its assessment to the Steering Committee 10 cents
($0.10) per capita based on the population figures for the City shown in the latest TML
Directory of City Officials.
III.
A copy of this Resolution and the assessment payment check (made out to
"Steering Committee of Cities Served by TXU c/o City of Arlington" shall be sent to Jay
Doegey, City Attorney for the City of Arlington and Chair of the Steering Committee.
th
PRESENTED AND PASSED
on this the 6 day of March, 2007, by a vote of
Ayes and nays at a regular meeting of the City Council of the City of
University Park, Texas.
Printed Name
Printed Title
BY:
Signature
ATTEST:
__________________________
Signature
__________________________
Printed Name
APPROVED AS TO FORM:
Printed Name
Printed Title
BY:
Signature
(2)
AGENDA MEMO
(03/06/2007 AGENDA)
DATE: February 28, 2007
TO: Honorable Mayor and City Council
FROM: Kent R. Austin, Director of Finance
SUBJECT: Resolution authorizing continuing participation in Atmos Cities Steering
Committee
Background
University Park is one of 142 members of the Atmos Cities Steering Committee (ACSC).
This group works to scrutinize natural gas price requests by Atmos Gas (and its predecessors,
TXU and Lone Star Gas). The Committee has a successful history of challenging price
increases and relies upon occasional per capita fees from member jurisdictions to support its
efforts. The attached memo and fact sheet from the ACSC Executive Committee, chaired by
Arlington City Attorney Jay Doegey, provide more background on ACSC
Recommendation
Staff recommends approval of the resolution authorizing continued participation in ACSC.
Approval includes payment of a $0.10 per capita fee, totaling $2371.60 for University Park.
Attachments:
?
ACSC Executive Committee memo, 2/9/2007
?
ACSC Fact Sheet
?
List of ACSC Cities as of 1/29/2007
?
Resolution authorizing continued participation in ACSC
MEMORANDUM
TO: Atmos Cities
FROM: Executive Committee, Atmos Cities Steering Committee
DATE: February 9, 2007
RE: Membership Assessment – RESOLUTION NEEDED
Earlier this month, the Executive Committee of the Atmos Cities Steering Committee
(ACSC) met to plan for upcoming natural gas issues and approve the assessment for ACSC
membership. We are anticipating a busy year for gas utility matters, and have approved the 2007
budget for the activities of the ACSC. Based upon the population-based assessment protocol
previously adopted by the ACSC, the assessment for 2007 is a per capita fee of $0.10 based upon
the population figures for each city shown in the latest TML Directory of City Officials.
ACSC protects the authority of municipalities over the monopoly natural gas provider
and defends the interests of the residential and small commercial customers within the cities.
Cities are the only consumer advocates that work to keep natural gas rates reasonable. The work
undertaken by ACSC has saved ratepayers millions of dollars in unreasonable charges. In order
to continue to be an effective voice at the Railroad Commission, at the Legislature, and in the
courts, ACSC must have your support.
To assist you in the assessment process, we have attached several documents to this
memorandum for your use: 1) One page fact sheet about ACSC and Summary of natural gas
issues that ACSC will tackle over the coming year; 2) Model resolution approving the 2007
assessment; 3) Model staff report supporting the resolution; 4) List of ACSC members; and 5)
assessment invoice.
Please place consideration of the resolution on your next City Council agenda
.
Forward the signed resolution and fee to:
Mary Bunkley, Treasurer
Atmos Cities Steering Committee
c/o Arlington City Attorney’s Office, Mail Stop 63-0300
P.O. Box 90231
Arlington, Texas 76004-3231.
If you have any questions, please contact ACSC Chairman Jay Doegey (817/459-6878)
or ACSC's legal counsel, Geoffrey Gay (ggay@lglawfirm.com) and Kristen Doyle
(kdoyle@lglawfirm.com) at 512/322-5877. If you need electronic copies of any documents,
please contact Mary Bunkley at 817-459-6885.
1
ACSC Fact Sheet
ACSC Membership
ACSC is the largest coalition of cities served by Atmos Gas-Mid Tex (formerly TXU
Gas). There are 142 ACSC member cities, which represent more than 60 percent of the total
load served by Atmos-Mid Tex.
Cities have original jurisdiction over the natural gas rates Atmos charges all customers
within city limits. Atmos is a monopoly provider of natural gas. Because Atmos has no
competitors, regulation of the rates that it charges its customers is the only way that cities can
ensure that natural gas rates are fair. Working as a coalition to review the rates charged by Atmos
allows cities to accomplish more collectively than each city could do acting alone.
Cities have more than 100 years experience in regulating natural gas rates in Texas. With
the increased volatility of the natural gas market resulting in unprecedented high natural gas bills
over the past several years, city regulation of Atmos rates plays a crucial role in protecting city
budgets and taxpayers.
Recent ACSC Accomplishments
ACSC has taken the lead at the local level, before the Railroad Commission, and at the
Legislature to save money for Cities and ratepayers. Recent accomplishments include:
?
Saved ratepayers more than $175 million since 2004 as a result of efforts in TXU Gas
(Atmos’ predecessor) last rate case, GUD 9400. Savings continue to accrue at the rate of
$58.5 million per year.
?
Mounted a challenge in district court to the Railroad Commission rules implementing the
GRIP surcharge. The judge agreed that the Commission’s rules are inconsistent with the
statute. Atmos has implemented three different GRIP surcharges in the past three years,
resulting in more than $25 in fees charged annually to residential ratepayers (and more
for larger users).
?
Initiated an investigation of Atmos' current rates. ACSC challenged Atmos' request for a
$60 million rate increase and presented evidence that Atmos' current rates were not just
and reasonable. After a three week hearing in November, the Railroad Commission
judges recommended a $23 million rate decrease and a refund of $2.5 million for
unreasonable GRIP surcharges. In their decision, the judges criticized Atmos' flagrant
abuses of the GRIP surcharge to recover expenses like liquor, lavish meals, luxury
accommodations, first class airfare, artwork, and high priced furniture.
?
Worked to defeat Atmos sponsored legislation during the special session that would have
eliminated meaningful rate review.
?
Recovered more than $8 million in imprudent gas purchases made by Atmos.
2
ACSC Activities
80th Legislative Session
.
Atmos has already thrown down the gauntlet early in the session by convincing Rep.
Hartnett (Dallas) to introduce H.B. 651, which would eviscerate the original jurisdiction of
municipalities over gas utilities. The bill would amend the Gas Utility Regulatory Act by
enabling gas utilities to opt into the Railroad Commission’s original jurisdiction by filing a
written notice with the Commission and the municipalities. Atmos is arguing that there is no
need for municipal authority over its rates and services, and initiating rate cases at the
Commission would reduce rate case expenses. In reality, Atmos is pushing the bill to eliminate
local control over rates in response to cities' successful rate investigation, GUD 9670, which has
resulted in a recommendation by Railroad Commission judges to reduce Atmos' rates by $23
million. Talking points in opposition to H.B. 651 will be distributed to all ACSC members.
We will also attempt to eliminate or amend the Gas Reliability Infrastructure Program
(“GRIP”) statute (§104.301, T.U.C). When GRIP was adopted, ACSC was concerned
EX TIL ODE
about its input on rates. During the last Atmos Mid-Tex rate case hearing, it became readily
apparent both that Atmos was abusing the statute and that there are serious flaws in the statute.
ACSC has drafted a bill that is very similar to statutes in Kansas and Missouri (the only other
states in which Atmos has gas utility systems that also have provisions for interim rate
adjustments for capital investments). Both the Kansas and Missouri statutes strictly limit the
ability of gas utilities to obtain interim rate adjustments for their investment in critical
infrastructure that is not related to system growth. Placing this type of limitation on the Texas
GRIP provision will be a major improvement in the statute and will prevent some of the abuses
that have
Because these issues will affect all natural gas ratepayers throughout the state, the
Executive Committee of the ACSC has voted to create a coalition of cities served by Texas
natural gas providers called Cities for Reasonable Gas Rates ("CRGR") to coordinate activities
to inform legislators about natural gas issues.
GUD No. 9670
A contested hearing was held on Atmos’ request for a rate increase in October –
November 2006. Atmos’ filing was in response to the show cause resolutions adopted by a
number of the ACSC cities in late 2005. Atmos requested a $60 million increase in revenues.
ACSC filed testimony to decrease Atmos’ existing rates by $30 million. The hearing lasted for
three weeks. ACSC developed evidence that showed that (among other things) Atmos was
attempting to reverse the Commission’s order in GUD No. 9400 that disallowed recovery of
expenses related to finding and replacing the defective Poly 1 pipe; that Atmos had
indiscriminately capitalized meals, travel expenses, and office supplies under the GRIP statute;
that Atmos was over-earning its authorized return; and that Atmos' proposed rate design unfairly
discriminated against residential customers.
The Railroad Commission judges issued a decision on February 2, 2007,
recommending a decrease in Atmos' rates by $23 million annually.
In their decision, the
judges found that "the inclusion of such exorbitant expenses seriously undermined the credibility
3
of the filing itself and of the witnesses who sponsored the various documents in this case." The
judges ultimately held that "the record unequivocally established that Atmos Mid-Tex initially
sought to include expenses that were neither just or reasonable as part of its rate request." The
Railroad Commission is scheduled to consider the judges' proposal for decision in March.
It is important to note that Cities are the only consumer advocate before the Railroad
Commission. In GUD No. 9670, the Commission Staff did not undertake a critical analysis of
Atmos' rate increase request. Commission Staff conducted no discovery on the Company,
participated in no depositions of Company witnesses, filed no testimony, presented no evidence,
and performed only limited and perfunctory cross-examination. After a three week evidentiary
hearing, the Staff filed a nine page initial brief and only a two page brief in reply to Atmos’ 228
page initial brief. It is obvious that the Commission Staff depends on the other parties to
If H.B. 651 is
prosecute rate cases and to pursue the imposition of just and reasonable rates.
adopted, cities will be unable to initiate investigations like the one that was successfully
undertaken by ACSC in GUD 9670 and the Commission Staff appears unable or unwilling
to do so.
GUD No. 9400 Appeal
Atmos appealed the Commission’s Final Order in the rate case that it inherited from TXU
Gas. ACSC and other intervenors also appealed, but are supportive of those portions of the
Commission’s order that are being challenged by Atmos. The Travis County District Court
upheld the Commission Order in August 2006, and the parties have appealed this decision to the
Third Court of Appeals in Austin. Appellants’ briefs were filed on January 18, 2007, and
Appellees’ briefs will be filed in mid February. A hearing on the appeals is expected in late
spring.
GRIP Declaratory Judgment
ACSC filed a petition for a declaratory judgment that the Commission’s GRIP rules were
invalid because they operated to exclude municipalities from participation in gas utilities’
appeals from municipal rate orders. A hearing was held in Travis County District Court in
August 2006, and the court denied the requested relief. ACSC has appealed this order to the
Third Court of Appeals in Austin. The appellate time frame has just started to run, with ACSC’s
brief due in mid-February.
GRIP Appeals
ACSC has appealed the Commission’s approval of the three Atmos Mid-Tex GRIP
surcharges and one Atmos West Texas GRIP surcharge. These appeals are currently at the
Travis County District Court, and (depending on the outcome of the legislative session), will
probably be briefed and argued mid-year.
GUD No. 9666
This docket is an on-going rulemaking proceeding at the Railroad Commission to
implement provisions of Texas Natural Resources Code § 117.102 and Texas Utilities Code
§ 121.2025. These statutory provisions were enacted in 2005, and govern the circumstances
under which a municipality may assess a charge on gas pipeline facilities in the public rights-of-
4
way. The statutes limit the charge to the cost to the municipality of administering, supervising,
inspecting, and otherwise regulating the location of the gas pipeline facility. The Commission
published proposed rules in August 2006. ACSC submitted written comments on September 20,
2006, offering suggestions for changes to the proposed rules. The proposed rules are presently
on the Commission agenda for February 6, 2007. ACSC will be monitoring the Commission
action.
5
MODEL STAFF REPORT
ON ATMOS CITIES STEERING COMMITTEE ASSESSMENT RESOLUTION
Purpose of the Resolution:
Municipalities have original jurisdiction over gas utility rates and services within the city.
The Atmos Cities Steering Committee (“ACSC”) is composed of municipalities in the service
area of Atmos Energy Corporation, Mid-Tex Division. ACSC protects the authority of
municipalities over the monopoly natural gas provider and defends the interests of residential
and small commercial customers within the cities. Although many of the activities undertaken
by ACSC are connected to rate cases (and therefore expenses are reimbursed by the utility),
ACSC also undertakes additional activities on behalf of municipalities for which it needs funding
support from its members.
Why this Resolution is necessary:
ACSC is actively involved in rate cases, appeals, rulemakings, and legislative efforts
impacting the rates charged by Atmos within the City. These activities will continue throughout
the calendar year. It is possible that additional efforts will be necessary on new issues that arise
during the year, and it is important that ACSC be able to fund its participation on behalf of its
member cities. A per capita assessment has historically been used, and is a fair method for the
members to bear the burdens associated with the benefits received from that membership.
Explanation of Resolution Paragraphs:
1.The City is currently a member of ACSC; this paragraph authorizes the continuation of the
City’s membership.
2.This paragraph authorizes payment of the City’s assessment to the ACSC in the amount of
ten cents ($0.10) per capita, based on the population figure for the City as shown in the
latest TML Directory of City Officials.
3.This paragraph requires notification that the City has adopted the Resolution.
Payment of Assessment
“Atmos Cities Steering
The assessment payment check should be made out to
Committee”
and mailed to Mary Bunkley, Treasurer, Atmos Cities Steering Committee, c/o
Arlington City Attorney’s Office, Mail Stop 63-0300, PO Box 90231, Arlington, Texas 76004-
3231.
6
Atmos Cities Steering Committee
Members as of January 29, 2007
Abilene Flower Mound Parker
Addison Forest Hill Pecan Hill
Allen Fort Worth Plano
Alvarado Frisco Ponder
Argyle Frost Pottsboro
Arlington Gainesville Prosper
Bedford Garland Quitman
Benbrook Grand Prairie Red Oak
Beverly Hills Grapevine Reno (Parker County)
Blossom Haltom City Red Oak
Blue Ridge Haskell Richardson
Bowie Harker Heights Richland Hills
Boyd Haslet Roanoke
Bridgeport Heath Robinson
Brownwood Hewitt Rockwall
Buffalo Highland Park Roscoe
Burkburnett Highland Village Rowlett
Burleson Honey Grove Sachse
Caddo Mills Hurst Saginaw
Carrollton Iowa Park San Angelo
Cedar Hill Irving Seagoville
Celeste Justin Sherman
Clyde Kaufman Snyder
College Station Keene Southlake
Colleyville Keller Springtown
Colorado City Kemp Stamford
Celina Kennedale Stephenville
Cleburne Kerrville Sulphur Springs
Comanche Killeen Sweetwater
Coolidge Krum Terrell
Coppell Lake Worth The Colony
Corinth Lancaster Throckmorton
Corral City Lewisville Trophy Club
Crandall Little Elm Tyler
Crowley Malakoff University Park
Dalworthington Gardens Mansfield Vernon
Denison McKinney Waco
DeSoto Mesquite Watauga
Duncanville Midlothian Waxahachie
Eastland Murphy Westlake
Edgecliff Village Newark Westworth Village
Emory North Richland Hills Whitesboro
Ennis Northlake White Settlement
Everman Oak Leaf Wichita Falls
Fairview Ovilla Woodway
Farmers Branch Palestine Wylie
Farmersville Pantego
Fate Paris
7
RESOLUTION NO. _______
A RESOLUTION AUTHORIZING CONTINUED
PARTICIPATION WITH THE ATMOS CITIES
STEERING COMMITTEE; AND AUTHORIZING
THE PAYMENT OF 10 CENTS PER CAPITA TO
THE ATMOS CITIES STEERING COMMITTEE TO
FUND REGULATORY AND RELATED ACTIVITIES
RELATED TO ATMOS ENERGY CORPORATION
WHEREAS,
the City of University Park, Texas, is a regulatory authority under the Gas
Utility Regulatory Act (GURA) and has exclusive original jurisdiction
over the rates and services of Atmos Energy Corporation, Mid-Tex
Division (Atmos) within the municipal boundaries of the city; and
WHEREAS,
the Atmos Cities Steering Committee (ACSC) has historically intervened
in Atmos rate proceedings and gas utility related rulemakings to protect
the interests of municipalities and gas customers residing within municipal
boundaries; and
WHEREAS,
ACSC is participating in Railroad Commission dockets and projects, as
well as court proceedings, affecting gas utility rates; and
WHEREAS,
the City is a member of ACSC; and
WHEREAS,
in order for ACSC to continue its participation in these activities which
affects the provision of gas utility service and the rates to be charged, it
must assess its members for such costs; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
I.
That the City is authorized to continue its membership with the Atmos Cities
Steering Committee to protect the interests of the City of University Park, Texas, and
protect the interests of the customers of Atmos Energy Corporation, Mid-Tex Division
residing and conducting business within the City limits.
II.
It is further authorized to pay its assessment to the ACSC in the amount of 10
cents ($0.10) per capita based on the population figures for the City shown in the latest
TML Directory of City Officials.
III.
“Atmos Cities
A copy of this Resolution and approved assessment fee payable to
Steering Committee”
shall be sent to:
Mary Bunkley, Treasurer
Atmos Cities Steering Committee
c/o Arlington City Attorney’s Office, Mail Stop 63-0300
Post Office Box 90231
Arlington, Texas 76004-3231.
th
PRESENTED AND PASSED 6March2007
on this the day of , by a vote of ___ ayes
City of University Park,
and ____ nays at a regular meeting of the City Council of the
Texas
.
Printed Name
Printed Title
BY:
Signature
ATTEST:
__________________________
Signature
__________________________
Printed Name
APPROVED AS TO FORM:
Printed Name
Printed Title
BY:
Signature
AGENDA MEMO
(03/06/07 AGENDA)
DATE: February 28, 2007
TO: Honorable Mayor and Members of the City Council
FROM: Jim Criswell, Director of Information Services
SUBJECT: Proposal - Computing Equipment and Service – Peek and City Hall
BACKGROUND:
To complete the implementation of the computer systems for Alarm Monitoring,
Computer-Aided Dispatch, Security Cameras, and Access Control required at the Peek
Dispatch Center, and in the remodeled City Hall Dispatch Center, a package of computer
servers, work stations, monitors, specialized signal receivers, and alarm monitoring
software licenses is required. The Information Services and Police Department staff
members have been working with the original system providers to design upgrades that
will increase the quality of service, and level of system redundancy for protection from
system component failure. The proposed expenditures resulting from this work are
detailed on the attached spreadsheet, and summarized below.
Direct Alarm Monitoring
Peek Dispatch (2 positions) $71.272.49
City Hall Dispatch (3 positions) $73,036.50
Computer-Aided Dispatching
Peek Dispatch (2 positions) $39,148.50
City Hall Dispatch (3 positions) $44,927.91
Security Systems Equipment
Peek Dispatch (2 positions) $21,995.89
City Hall Dispatch (3 positions) $24,509.89
In addition, below are proposed costs for other required services related to moving the
Police Department and Dispatch operation to the Peek Center, and the Executive,
Finance, HR, Utility Billing, Court, Information Services, and Fire Departments to the
City Hall Expansion Space when it is completed around June 1.
Proposal - Computing Equipment and Service – Peek and City Hall Page 2
AT&T Temporary Demark Construction
Staff has been working with AT&T engineers to develop a construction services
agreement to relocate the City Hall telephone demark from the third floor attic space to a
temporary location on the second floor of the City Hall Expansion Space. The contract
price for this relocation is $13,292.38.
DataTex Cable Management Service for Peek Center
In conjunction with the relocation of the data and phone service for the Police
Department and Dispatch operation to Peek Center, the cabling system termination point
in the second floor computer room requires extensive redesign. The proposed cost to add
the necessary racks, patch panels, and cable management systems is $6,474.56. DataTex
was the low bidder, and has installed all the new data and phone cable for the Peek
Dispatch Center.
Player Consulting Re-location of the two IBM AS/400 Computers
Another requirement of the June 1 move from the old part of City Hall to the City
Hall Expansion Space is the re-location of the Finance Department IBM AS/400
computer, and the Police and Fire IBM AS/400 computer from their computer rooms in
the old building to the temporary computer room on the second floor of the City Hall
Expansion Space. The proposed cost for these moves is $3,000.00. Player Consulting is
an IBM Business Partner, and has done all prior installation work related to the IBM
equipment for the City.
RECOMMENDATION:
Staff recommends approval of the proposals outlined above to provide computing
equipment and services related to the Peek Dispatch Center and City Hall remodel. Funds
are available in the Capital Projects Fund, project 43700 – City Hall Renovation, and
project 43740 – City Hall: EOC/Alt. Dispatch Center. Additionally, to the extent allowed
by law, the City will utilize the funds collected from the Cellular E911 fees received
monthly from the state.
Direct Alarm Pricing
Peek Center
(Dell) Servers - Qty 3$11,407.89
(Dell) Rack Cabinet - Qty1 - With Digital KVM and Slide out Monitor Keyboard and Mouse$4,234.26
(Dell) Workstations - Qty 2$5,028.00
(Dell) Monitors - Qty 2$500.94
(ADI) Ademco Receivers and Components - Qty 2$11,650.76
(Knight Security) Radionics Receivers and Components - Qty 2$15,342.50
(ABM Data Systems) Licensing (3 - Phoenix Server/3 - Signal Safe/1 - Field Access)$18,050.00
(Inight.com)Digi 8 Port Server - Qty2$2,308.14
(Knight Security)Test Panels - Qty2$750.00
Consulting Services - Terry Frederickson @ 1,000 Per Day$2,000.00
Total$71,272.49
City Hall
(Dell) Servers - Qty 3$11,407.89
(Dell) Rack Cabinet - Qty1 - With Digital KVM and Slide out Monitor Keyboard and Mouse$4,234.26
(Dell) Workstations - Qty 3$7,542.00
$500.94
(ADI) Ademco Receivers and Components -Qty 2$11,650.77
(Knight Security) Radionics Receivers and Components - Qty 2$15,342.50
(ABM Data Systems) Licensing (3 - Phoenix Server/3 - Signal Safe/1 - Field Access)$18,050.00
(Insight.com) Digi 8 Port Server - Qty 2$2,308.14
Consulting Services - Terry Frederickson @ 1,000 Per Day$2,000.00
Total$73,036.50
Grand Total$144,308.99
Computer Added Dispatch Pricing
Peek Center
(Dell) Servers - Qty 3 (CAD6, Message Switch, Filed Reporting)$11,407.89
(Dell) Rack Cabinet - Qty1 - With Digital KVM and Slide out Monitor Keyboard and Mouse$4,234.26
(Dell) Workstations - Qty 7 (CAD6,TLETS, Info/Looking Glass, Microwave)$17,598.00
(Dell) 19" Monitors - Qty 8 (CAD6,TLETS/Microwave, Info, Tracking)$2,003.76
(Dell) 24" Monitors - Qty 2 (Looking Glass)$1,325.74
(Dell) 20" ViewSonic TV - Qty 3$1,138.83
(Dell) 42" ViewSonic TV w/Wall Mount- Qty 1$1,440.02
Total$39,148.50
City Hall
(Dell) Servers - Qty 3 (CAD6, Message Switch, Filed Reporting)$11,407.89
(Dell) Rack Cabinet - Qty1 - With Digital KVM and Slide out Monitor Keyboard and Mouse$4,234.26
(Dell) Workstations - Qty 9 (CAD6,TLETS, Info/Looking Glass, Microwave)$22,626.00
(Dell) 19" Monitors - Qty 11 (CAD6,TLETS/Microwave, Info, Tracking)$2,755.17
(Dell) 24" Monitors - Qty 4 (Looking Glass)$1,325.74
(Dell) 20" ViewSonic TV - Qty 3$1,138.83
(Dell) 42" ViewSonic TV w/ Wall Mount- Qty 1$1,440.02
Total$44,927.91
Grand Total$84,076.41
SecureNet Pricing
Peek Center
(Dell) Servers - Qty 1 (SecureNet)$11,407.89
(Dell) Rack Cabinet - Qty1 - With Digital KVM and Slide out Monitor Keyboard and Mouse$4,234.26
(Dell) Workstations - Qty 2 (SecureNet)$5,028.00
(Dell) 24" Monitors - Qty 2 (SecureNet)$1,325.74
Total$21,995.89
City Hall
(Dell) Servers - Qty 1 (SecureNet)$11,407.89
(Dell) Rack Cabinet - Qty1 - With Digital KVM and Slide out Monitor Keyboard and Mouse$4,234.26
(Dell) Workstations - Qty 3 (SecureNet)$7,542.00
(Dell) 24" Monitors - Qty 3 (SecureNet)$1,325.74
Total$24,509.89
Grand Total$46,505.78
AGENDA MEMO
(03/06/2007 AGENDA)
DATE: February 27, 2007
TO: Honorable Mayor and City Council
FROM: Gary W. Adams, Chief of Police
SUBJECT: Early Replacement of Police Department Vehicle
Item:
The University Park Police Department currently has only one Ford Crown Victoria
remaining in its fleet. Said vehicle is not scheduled for replacement until the calendar
year 2010. Because of concerns about rear end collisions and recent officer deaths
attributed to the design of the Ford Crown Victoria, and gas tank ruptures and fires,
the University Park Police Department requests to replace this vehicle earlier then
scheduled. The replacement will not be another Ford Crown Victoria.
Funding for this has been made available through line item transfers in the current
police department budget. A total of $5,022.00 has been transferred to fleet
maintenance to make this request possible, should council approve.
Recommendation:
Staff recommends approval of this request.
Attachments:
None
AGENDA MEMO
(3/6/07 AGENDA)
DATE:
March 1, 2007
TO:
Honorable Mayor and City Council
FROM:
Christine Green, Purchasing Agent
SUBJECT:
HGAC Purchase of Chevrolet Impala Police Package
Attached is a memo from Jim Gau, Jr., Fleet Manager, regarding the proposed purchase of
a 2007 Chevrolet Impala Police Package vehicle. This vehicle will replace a 2000 Ford
Crown Victoria used by the Warrant Officer. The replacement car is available through the
Houston-Galveston Area Council of Governments (HGAC) Cooperative Purchasing
Program. The City has had an interlocal agreement for cooperative purchasing with
HGAC since 1994. Purchases made through HGAC fulfill all competitive bidding
requirements.
The HGAC vendor for the equipment is Caldwell Country Chevrolet in Caldwell, Texas
(near College Station/Bryan). The total cost for the Impala is $21,009.
RECOMMENDATION:
Staff recommends purchasing the Impala through HGAC in the total amount of $21,009.
City of University Park
4420 Worcola
Dallas, Texas 75206
Equipment Services
March 1, 2007
Gary Adams, Police Chief
Kent Austin, Finance Director
Christine Green, Purchasing Agent
Joel Holley, Warrant Officer
Attached please find the requisition for a 2007 Chevrolet Impala Police Package
vehicle.
This unit replaces unit 6629, a 2000 Ford Crown Victoria.
The unit will be delivered with dark metallic blue exterior paint and regular wheel
covers to provide better blending with other vehicles.
The unit is equipped with power drivers seat, power windows, power locks, tilt wheel,
cruise control, am/fm/cd radio, rear window de-fogger, 40/20/40 front seat, and air
conditioning, and full size spare tire.
Please sign the requisition and forward for processing for purchase if you are
satisfied with this unit as specified.
Let me know if you have any questions.
Sincerely,
Jim Gau Jr.
Fleet Manager
PLANNING AND ZONING COMMISSION
UNIVERSITY PARK, TEXAS
MINUTES
December 18, 2006
The Planning and Zoning Commission of the City of University Park met on Monday,
December 18, 2006 at 5:00 P.M. in the City Hall Council Chambers, 3800 University
Blvd., University Park, Texas. The following are minutes ofthat meeting.
Commission Members Attending
Staff Members Attending
Robert H. West - Chairman
Bill Foose
Doug Roach
Randy Biddle
Reed Shawver, III
Harry Persaud - Community Dev. Mgr
Lorna Balser- Planning Assistant
Present and Seated
Jerry Jordan
Bea Humann (pre-session only)
Ed Freeman (pre-session only)
Mr. West opened the public hearing and then read the specifics ofthe case.
PZ 06-017: Hold a public hearing and consider a request by St. Christopher Episcopal
Church to amend Planned Development District PD-27 to install a 22 feet by 42 feet
canopy over the existing playground equipment. The subject tract is located in the
Jefferson Tilley Survey Abstract No. 1480 and situated at 2600 Westminster Avenue,
City of University Park.
Mr. Harry Persaud made the staff presentation explaining through a series of photos in a
PowerPoint presentation the location, impacts and concerns received from residents about the
existing playground equipment, landscaping and new proposed canopy.
Stacey Kerry, President of the St. Christopher Episcopal PTA explained how the parents of the
children which attend the preschool raised funds for the purchase ofthe canopy. She emphasized
how the canopy will lower the temperature on the playground equipment 10-150 during the
hotter months of the year.
The contractor, David Tobias of Suntec Signs and Awnings, Dallas TX came forward to address
the commission members in regard to the 10 year warranty, design and color of the fabric.
Eric Gambrell, a member of the Highland Park zoning commission addressed the commission in
support for the canopy, explaining that the proposed Suntec canopy is the same type installed at
the Highland Park pool.
A neighbor of the church, John Chaussee of2725 Milton, University Park spoke in support of the
canopy as a patron of the church and acknowledged that the school serves over 100 local
University Park children.
Bill Max, Senior Warden of the church spoke in support of the canopy as did Becky Meyerson,
the school's director.
Mr. West inquired if there was anyone present who opposed to the request ofS1. Christopher
Episcopal Church. With no replies, he inquired if there were any further questions of the
commission members. With no replies, he then closed the public hearing.
Randy Biddle motioned to approve the request based on two requirements. Those two
requirements are:
. the church must maintain the canopy in good condition at all times.
· the canopy must be fire retardant.
Doug Roach seconded and the motion was passed unanimously 5-0.
Mr. West asked for a motion on the minutes from the November 13,2006 Planning & Zoning
Meeting. The motion was made by all present commission members and approved unanimously
5-0.
#(41; Jt::;t--
Robert H. West, Chairman
Planning & Zoning Commission
2/;9 jo 7
Date / /
Public Safety Advisory Committee
MINUTES
January 18,2007
The Public Safety Advisory Committee of the City of University Park met on Thursday,
January 18,2007 at 6:00 P.M. in the Court Room of City Hall at 3800 University Blvd.,
Dallas, TX 75205. The following are minutes of that meeting.
Committee Members Attending:
Staff Members Attending:
Robert, Boyd, Chair
Kirk Dooley
Dr. Doug Turgeon
Ed Crissey
Doug Bruton
Jackie Brewer
Francie Johnsen
Charles Terrell, Jr.
Doug Woodward
Amara Durham
James Gamer
Gary W Adams, Chief of Police
David Ledbetter, Fire Chief
Syd Carter, Council Liaison
Jerry Grable, Council Member
Jacob Speer, Asst. Public Works Director
Robert Brown, Administrative Captain
Dorris Certain, Accreditation Manager
Officer AJ. Sherrill
Donna Wilkerson, Administrative Assistatant
Robert Boyd, Chair, opened the meeting at 6:05 p.m.
Committee members introduced themselves.
Chief Adams introduced staff members present including new School Resource Officer A.J.
Sherrill. Officer Sherrill is a five year veteran of the University Park Police Department. He
was an officer in Abilene for 10 years prior to coming to University Park. An outside consultant
was hired to perform an assessment center. The process included two high school students.
When the results of the assessment were presented to Chief Adams, Officer Sherrill had the
highest score. Chief Adams also stated that he spoke with Mr. Williams, the Asst. Principal from
the high school, and asked for his input. He stated that he felt Officer Sherrill was the better fit
for the position. Also, the two high school students involved felt Officer Sherrill would be able
to relate to the students better. Officer Sherrill has been in the high school for two weeks and is
already building a great report with the students.
Capt. Robert Brown has recently accepted the position as Chief of Police in Duncanville.
The city council has asked the Public Safety Advisory Committee to discuss Halloween night
block parties and send a committee recommendation back to the council.
Jacob Speer, Asst. Public Works Director, explained the policy and history of block parties in
University Park. In the past, residents would go to Dispatch, inform the dispatcher that they
PUBLIC SAFETY ADVISORY COMMITTEE
MINUTES JANUARY 18, 2007
Page 1 of5
would like to have a block party and were told to go to the Friendship lot to pick up signs/cones.
The signs/cones were not always returned. Over time, residents became too comfortable with
this policy and would help themselves to the signs/cones. The police department had no way of
knowing where block parties were taking place. A few years ago, the city began asking for a
Block Party form to be filled out. City staff began delivering and picking up the signs/cones.
On Halloween night 2006, the city had requests for 46 block parties. This took city crews a total
of 3 working days to deliver and pick up the signs/cones. The crews that transported the signs
were pulled off of other city work during this time. Some of the requests came in as late at thirty
minutes before the start time of the block party. This request was the highest number of block
parties that the city has seen. Historically, July 4th, the weekends before school starts and after
school is dismissed, and Texas/OU weekend are busiest times for block party requests.
Typically, these weekends bring in 15-20 requests. As long as the request is submitted with three
days' notice, city crews have ample time to prepare signs and distribute them.
The problem with the high number of party requests this year was that it caused gridlock in the
city. Several streets were shut down for blocks. The majority of these block party requests were
not for legitimate block parties. They were just to shut down the street to keep traffic off while
kids were trick or treating. City staff estimates that 90% of the requests were not for actual block
parties.
There were three EMS calls on Halloween night between the hours of 6 to 10 p.m. One of these
calls was in the northwest part of the city were numerous streets were blocked off. EMS
personnel had to get out of the ambulance and move the barricades at each end of the block
before continuing on to the call. This resulted in a much longer response time. Fortunately, this
time, this did not cause any severe health problems to the patient. The block party instruction
packet clearly states to that emergency vehicles must be allowed access to the block and
someone must be available at all times to remove the traffic cones and signs if necessary. No
one was near the signs to move them for EMS personnel.
City staff realizes that there are greater issues at hand. Some UP residents request block party
signs in an attempt to keep non-residents from driving the streets on Halloween night.
Committee members had many suggestions/recommendations with city staff responding:
1. Have residents pick up/drop off the signage on Halloween to cut down on city
expense/time. City staff stated that the problem this would pose would be that no one
would know which streets would be blocked off all around town.
2. Require a fee for block parties on this night and use the money to offset the cost of putting
more police officers on the street to run radar. Chief Adams stated that the police
department usually has more officers working on Halloween, but the call volume also
increases on this night. UP does not have the manpower to do nothing but write tickets
all night.
3. If EMS has a call, and no one is there to move the barricades, then deny the block the
request to have another block party. Staff stated that keeping track of denials and the
process of denying someone a block party would be difficult.
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4. Can the city enact a curfew on Halloween? Chief Adams stated that the crime rate in UP
does not justify a curfew.
5. Enforce the three-day time frame on the application. If it is not turned in three days in
advance, then simply deny the request. Jacob stated that by enforcing this, it still does
not help the logistic problem that the city is having on Halloween.
6. A suggestion was made to ask for a deposit to accompany all block party requests. Jacob
stated that in the past, the city required a deposit from construction companies to ensure
that the lots stayed clean during construction. The $100 deposit was such a small
amount, that no one came back to claim the deposit once the job was completed. An
audit was conducted and tens of thousands of dollars in deposit fees were found to not be
claimed. The record keeping/finance aspect of a refundable deposit is very time
consummg.
7. A suggestion was made for EMS crews just to drive over the barricades in the event of an
emergency. Chief Ledbetter stated that he would not allow his crews to do this. This can
damage the ambulance/fire equipment.
8. A suggestion was made to limit the number of block parties a block can have to two a
year. Jacob questioned the logistics behind this idea. Who wants to be the city employee
who has to tell a resident no you can't have a block party? He states that typically blocks
that have parties have the same ones year after year: Halloween and the weekends
surrounding the start/dismissal of the school year.
9. No two contiguous blocks should be allowed to have the streets blocked off at the same
time. This would pose a zig-zag problem for EMS.
10. The suggestion was made to simply do away with Block Parties on Halloween.
11. A suggestion was made to only allow a certain number of Block Parties on Halloween
night. Jacob stated that since a majority of these requests were not real block parties, we
would have residents upset that they were denied a request for a legitimate party when
the next block asked for their street to be blocked off and they were not having a party.
They just simply wanted the street closed.
12. A suggestion was made to require the requestor to provide a number for the dispatch
center to call if, in the event of an emergency, some one needed to move the barricades.
Staff stated that if it is not a block party, then there might not be anyone around to move
the barricades. This might be an instance that where Code Red could be activated for a
particular block to give notification to move the barricades.
13. The question was raised about changing the speed limits in the city on Halloween t020
m.p.h. Chief Adams stated that this could not be done.
14. A suggestion was made that a Block Party Committee be formed to discuss this issue.
One committee member reiterated that the Council had asked this committee to come up
with recommendations, not form another committee to make the decision.
The question arose on what consequences the city could impose on those who do not follow the
rules. Also, who would enforce the rules?
Chief Adams suggested that if the committee recommends that block parties/street closures are
allowed on Halloween, then the police department will set up a command post in the
communications center with a large map of the city. Each street closure would be marked on the
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MINUTES JANUARY 18,2007
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map and police/ems would be notified of any block closures along the route of their call. This
would speed up the arrival times.
Councilmember Grable stated that this many street closures pose a problem with our mutual aid
requests with Highland Park and Dallas. If HP or Dallas is responding to an emergency in our
city, they may not be able to find the fastest alternate route. Also, street closures give a false
sense of security to parents. Children are out in the streets after dark and it is simply not safe.
Mr. Boyd raised the following question to the committee: Can we all agree that block parties are
not stopping non-residents from coming in the city on Halloween? The committee agreed.
Committee members discussed that it is not right for residents to look for a way to keep others
out of their city. Some are in favor of allowing everyone who wants to come in, to be able to
come m.
Dr. Turgeon stated that the problems during street closures do not always come from non-
residents. He has seen an instance where an angry resident drove around the barricades and over
a lawn just to get to his residence.
Mr ~ Boyd then asked the members, by show of hands, to vote on the recommendation from
the committee. He asked which members were in favor of denying any street closures on
Halloween night, October 31,2007 as a one time trial, only. All committee members were in
agreement.
In closing, Mr. Boyd told the committee that Chief Adams was staying on with the city as the
Chief of Police. He asked the Chief about the new Captain opening. Chief Adams stated that it
would be filled internally and had excellent candidates that had applied.
It was also recommended that at some point, the committee discuss the Bush Library and School
Safety .
The meeting was adjourned at 7:50 p.m.
The next Public Safety Advisory Committee meeting is scheduled for Tuesday, April 10, 2007
at 6:00 p.m. in the Large Conference Room of City Hall.
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MINUTES JANUARY 18,2007
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Recommendation to the City Council from the Public Safety Advisory Committee in
regards to Block Party requests on Halloween:
The committee recommends, as a one time trial on October 31,2007, that the
city allow block parties to continue on Halloween. These block parties would
have no assistance from the city. This meaning that no cones and/or
barricades would be provided by the city. The committee recommends that
the city not allow any street closures on this particular night due to EMS
crews' slower response time to emergencies. No streets may be barricaded or
blocked off at any time on Halloween. This poses a safety issue. The
committee recommends that no cones/barricades be provided by city crews
for block parties on this one day/night only. The committee agrees, should
the council direct, to review this policy again next year with an eye toward
making the recommendation permanent.
"
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